2006-206
~ S:\Our Documents\Ordinanccs\06\1 5t amendment to R.W. Beck.doc
ORDINANCE NO. L COp - 206
AN ORDINANCE APPROVING A FIRST AMENDMENT TO THE PROFESSIONAL
SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND R. W. BECK, INe. TO
PROVIDE PROFESSIONAL DESIGN AND ENGINEERING SERVICES AT THE CITY'S
LANDFILL; AUTHORIZING THE EXPENDITURE OF FUNDS IN THE AMOUNT OF
$665,500; RATIFYING PREVIOUS ACTIONS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton entered into a Professional Services Agreement with R.
W. Beck, Inc. ("Beck") to provide professional design and engineering services at the City's
Landfill, as described in that Professional Services Agreement dated May 5, 2006 ("Agreement")
and which was approved by Ordinance No. 2006-131; and
WHEREAS, additional funds in the amount of $524,300 have become available to add
additional tasks and engineering services to the original contract including the conceptual
designs of cell 3A and 3B as a bio-tech landfill, the engineering services for the municipal sold
waste (MSW) permit modification and feasibility of lateral landfill expansion, as well as the
design and construction of the citizen's drop-off area increasing the total amount for engineering
services to $665,500; and
WHEREAS, the Public Utilities Board and the City staff recommend that these services
be added to the Professional Services Agreement in accordance with a First Amendment to same
which is attached hereto and made a part hereof as Exhibit A; and
WHEREAS, the City staff has reported to the City Council that there is a substantial need
for the above-described specialized professional services and that limited City staff cannot
adequately perform the services and tasks with its own personnel; and
WHEREAS, Chapter 2254 of the Texas Government Code known as the "Professional
Services Procurement Act" generally provides that a City may not select a provider of
professional services on the basis of competitive bids, but must select the provider on the basis of
demonstrated competence, knowledge, and qualifications and for a fair and reasonable price; and
WHEREAS, Beck is currently providing similar professional services under the
Agreement and has provided professional services to the City in the past in a reliable and
competent manner; and
WHEREAS, the City Council finds that the First Amendment to the Agreement is in the
public interest and has provided in the City Budget for the appropriation of funds to be used for
the purchase ofthe professional services, as set forth in Exhibit A; NOW, THEREFORE;
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
1
SECTION I. The recitals and findings contained in the preamble of this Ordinance are
incorporated into the body of this Ordinance.
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SECTION 2. The City Council hereby approves the First Amendment to the Agreement
attached as Exhibit A with Beck for professional design and engineering services at the City's
Landfill and authorizes, ratifies and approves any and all services under the previous Agreement
and authorizes the Interim City Manager, or his designee, to execute the Agreement on behalf of
the City.
SECTION 3. The award of the First Amendment to the Agreement (Exhibit A) by the
City is on the basis of demonstrated competence, knowledge and qualifications of Beck and the
ability of Beck to perform the professional services needed by the City for a fair and reasonable
pnce.
SECTION 4. The Interim City Manager, or his designee, is authorized to exercise all
rights and duties of the City of Denton under the First Amendment to the Agreement and make
the expenditures provided for therein.
SECTION 5. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the / g1/; day of 9{,(~ ' 2006.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
Page 2
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FIRST AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
FOR ARCIDTECT OR ENGINEER
THIS FIRST AMENDMENT to that certain Professional Services Agreement that was
made and entered into on the 5th day of May, 2006, by and between the City of Denton, Texas, a
Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton,
Denton County, Texas 76201, hereinaftcr called "Owner" and R.W. Beck, Inc., with its corporate
office at 1380 Corporate Center Curve, Suite 305, Eagan, Minnesota 55121 hereinafter called
"Design Professional," acting herein, by and through their duly authorized representatives, said
Agreement hereinafter referred to as "Base Agreement."
NOW, THEREFORE, in consideration of the covenants and agreements herein
contained, the parties hereto do mutually agree to amend the Base Agreement as follows:
SECTION 1. That Section 1 "Employment of Design Professional" of the Base
Agreement is hereby amended to read as follows:
The Owner hereby contracts with the Design Professional, a licensed Texas architect or
engineer, as an independent contractor. The Design Professional hereby agrees to
perform the services as described herein and in the Design Professional's Proposal dated
November 15, 2005 limited to those tasks described herein, Exhibit A - "Scope of
Work," Exhibit B - "Project Team Financial Information," the General Conditions, and
other attachments to this Agreement that are referenced in Section 3, in connection with
the Project. The Project shall include, without limitation, providing professional
engineering design and related engineering services to perform the following tasks:
Task 1:
Task 2:
To conduct the Project kickoff meeting.
To provide modifications to the City's landfill permit to accommodate biotech
landfill operations.
Design and Construction of celIs 3A-3B.
Conceptual dcsign of cells 3A-3D as a Bio- Tech Landfill
MSW Notice Permit Modification
Feasibility of Lateral Landfill Expansion
Citizen's Drop-Off Area Design and Construction
Task 3:
Task 4:
Task 5:
Task 6:
Task 7:
SECTION 2. That Section 3 "Compensation" of the Base Agreement is hereby amended
to read as follows:
Section 3. Compensation. The Owner shall compensate the Design Professional as follows:
3.1 BASIC SERVICES.
3.1.1 For Basic Services the total compensation inclnding reimbursable expenses
shall be $665,500 based on the hourly rates for services shown in Exhibit B
and in Section 3.2.1. Design Professional's services shall be invoiced to the
Owner monthly.
S:lOur Docurnents'ContnclS\06\RW Beck PSA 1st Amendmentdoc :
3.1.2 Progress payments sha1l be paid to the Design Professional monthly for the
Basic Services invoiced' and satisfactorily completed in accordance to the
following phases of the Project per Exhibit A:
Task I: Project Kickoff Meeting
Task 2: Minor Permit Modifications
Task 3: Design and Construction of Cells 3A - 3B
Task 4:Conceptual design of cells 3A-3D
as a Bio- Tech Landfill
Task 5:MSW Notice Permit Modification
Task 6:Feasibility of Lateral Expansion
Task 7:Citizen's Drop-Off Area Design and
Construction
$ 18,600
26,900
257,500
129,400
116,500
94,000
22.600
TOTAL
$665.500
3.3 REIMBURSABLE EXPENSES. Reimbursable Expenses shall be a multiple of 1.0
times the expenses incurred by the Design Professional, the Design Professional's
employees and consultants in the interest of the Project as defined in the General
Conditions but not to exceed a total, of $90,000 without the prior written approval of the
Owner.
SECTION 3. The Base Agreement is hereby amended by substituting the attached
Exhibit A - Scope of Services including the new Figure I - The City of Denton Permitting and
Design Schedule for the same exhibits attache<j to the Base Agreement.
SECTION 4. Save and except as amended hereby, all the remaining clauses, sentences,
paragraphs, sections and subsections of the Base Agreement shall remain in full force and effect.
~I!N 5. This First Amendment is signed by the parties hereto effective as the }/)1:/L
day of fA At ' 2006.
OWNER:
CITY OF DENTON
ByWJv~~~j
HOWARD MAR
INTERIM CITY AGER
ATTEST:
JE, ER WALTERS,C
SECRETARY
BY:
Page 2
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APPROVED AS TO LEGAL FORM:
EDWINM. SNYDER, CITY ATTO
WITNESS:
BY: 11Jd/~)It J!I/le
f W Ped:/Jut.
Page 3
DESIGN FIRM
BY: "P#!V ~
Fi1)~cerj1~
Amended EXHIBIT A
Scope of ServIces Between Beck and City of Denton
Scope of Work - Blo- Tech Landfill Pennltting, Design and Construction
Services
The following Scope of Services amends and is addition to the Scope of Services agreed to in the
original contract for this Project Budget is now available to incorporate all seven tasks as
originally proposed. Due to the recent solid waste rule adoption, this Scope of Services addresses
permitting, design and construction of a Bio- Technology Landfill (Bio- Tech Landfill) rather than
a bioreactor. The design and operation described will be suitable initially for leachate
recirculation but adaptable to a bioreactor when future rules (or other regulatory mechanism)
allow. Certain bioreactor aspects (e.g., liquid amendment acceptance plan) will be prepared for
the City but not submitted in this permit modification. These are outlined in the following tasks
and can be archived by the City until submittal is required. The tasks below incorporate the
originally contracted three tasks for the kickoff meeting, minor permit modifications and Cell
3N3B design. Additionally, they focus on the conceptual design of the Bio-Tech Landfill,
construction administration for Cells 3N3B, municipal solid waste permit (MSW) permit
modification for the Bio- Tech Landfill, lateral expansion feasibility, and design/construction of a
new citizen's drop-off area. Subtasks 3A-3D were in the original contract; subtasks 3E and 3F
have been added in this amendment to complete Cell 3N3B construction.
Task 1 - Project Kickoff Meeting (under contract)
The Project Team will meet with the appropriate City Staff to fmalize the approach and Scope of
Services, clarifY needs from the City, confirm the schedule and establish lines of communication.
At this meeting the City will furnish appropriate information for this project including: waste
receipt records, as-built drawings of Phases I and 2 along with supporting documentation and
electronic files for any conceptual designs prepared and permit documents not previously
furnished. The City will also furnish a topographic survey of the entire Landfill property that
reflects the current excavation grades in Cells 3A and 3B. This will become the basis for design
of the final excavation and grading. The Project Team will provide the City with an information
request prior to the meeting.
Task 2 - Minor Permit Modifications (under contract)
Two minor permit modifications will be completed by the Project Team: I) to address liner and
leachate collection design changes necessary for Bio- Tech Landfill operation and to address
relocation of the Citizen's Drop-Off Area, 2) to address future surface water control and
scaIehouse modifications. A textured geomembrane (both sides) is recommended on both the
sideslope and base of Cells 3A-3D. In addition, the current hydraulic capacity of the leachate
collection system should be evaluated to verifY its ability to drain the additional liquid
amendments. In conjunction with this hydraulic evaluation, the Project Team will review the
leachate collection pipe diameter for compatibility with landfill gas (LFG) collection. Subtasks
2A and 2B will be completed to evaluate these issues and incorporate required changes into a
C Beck . All Rights Reserved
Il'\~' II EC K
AMENDED ExHIBIT A
minor permit modification. A second permit modification will be completed in Subtask 2C to
address surface water and scaIehouse changes.
Subtask 2A - Hydraulic CharacterizationILFG Collection
In this subtask, the Project Team will:
. Complete Hydrologic Evaluation of Landfill Performance (HELP, v. 3.07) modeling to:
. VerifY that leachate head does not exceed 12 inches with the increased liquid
amendment addition under the current leachate collection and liner profile.
. Determine the minimum permeability of the protective layer and leachate collection
layer (drainage sand, rock and/or triplanar geonet geocomposite) to freely drain the
Landfill.
. Validate the leachate collection trench and collection sump dimensions to accommodate the
increased leachate generation.
. Determine that the existing liner and leachate collection systems for Cells I and 2 are
suitable for Bio- Tech Landfill operation (HELP modeling and hydraulic capacity) since the
City has installed potential recirculation laterals in those cells.
. Evaluate preliminary LFG generation estimates and the leachate hydraulics to determine the
necessary leachate collection pipe diameter to facilitate efficient LFG collection from the
landfill base.
. Prepare recommendations, if any, for modifications to the leachate collection design,
including the potential placement of geonet on the base.
Subtask 28 - Permit Modification Request (#1)
The Project Team will prepare an application for a non-notice minor permit modification for the
recommended changes (i.e., liner and leachate collection changes; Citizen's Drop-Offrelocation).
A draft will be presented to the City and TCEQ for rcview and discussion. Applicable comments
will be added into a f'mal application for submittal to the TCEQ. TCEQ approval should be
received within 60 days.
Subtask 2C - Additional Permit Modification Request (#2)
In this subtask, the Project Team will prepare a second Permit Modification request for other
Modifications that do not directly affect the liner design for the Bio- Tech Landfill. This separate
submittal is recommended to avoid any delay in the Permit Modification approval presented in .
Subtask 2B, and thus potentially delay the design and construction of Cells 3A and 38. These
Modifications are anticipated to be submitted under TAC 305.70 0), which are currently non-
notice Modifications and include the following:
· Redesign and expansion of the Southeast Pond for surface water storage for the Bio- Tech
Landfill Modification under Section 305.700)(II) related to drainage control of internal run
on/run off.
. Relocation of the landfill scalehouse-Modification under 305.700)(8).
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Ag<eement
Amended Exhibit A - Page 2
AMENDED ExHIBIT A
. Relocation of Site Entrance-Modification under 305.7O(jX33) as long as access traffic
patterns are not altered. Access will remain from Mayhill Road, with site entrance relocated
south of the existing entry to Foster Road.
. Change the metes and bounds description of the Permit by elimination of the triangular
section of land where the current sca!ehouse is located. Modification under 305.700)(14) as
it reduces the size of the facility and does not result in acreage beyond the original permit
boundary.
Task 3 - Design of Cells 3A and 3B
Subtask 3A - Construction Quantities (under contract)
In this subtask, the Project Team will estimate the required construction quantities for Cells 3A
and one-half of 3B liner construction, including clay (available on site), geosynthetics, protective
cover (available on site), and drainage media (natural and synthetic). On site soil quantities will
be verified.
Subtask 3B - Complete Design Plans and Construction Documents for Cells 3A and 3B (under contract)
After complction of Task 2 and in conjunction with an internal Team Quality Assurance/Quality
Control (QAlQC) review, the Project Team will develop draft design plans, specifications, and
construction bid documents for Cells 3A and 3B. The schedule for proceeding with bidding and
construction of these Cells will be independent of the Bio- Tech Landfill Permitting at TCEQ.
This independence is based on the expectation that the construction of the liner and leachate
collection system in these Cells can be accomplished under a minor modification of the existing
Permit as described above.
Meetings will be held with the City to present the draft documents and subsequently to discuss
any City comments to the draft documents. Applicable comments will be incorporated into a
final set of plans and specifications. After approval of the final documents by the City, this
construction project would be advertised for bids.
Subtask 3C - Pre-Bid Meeting and Bid Opening (under contract)
The Project Team will assist the City in answering questions and providing clarification about the
Project Construction Documents during the period of advertisement for bids. We will assist the
City as required during the Pre-Bid Meeting with prospective Contractors and in preparing
Addenda prior to Bid Opening. We will prepare an engineer's cost estimate of the construction.
The Team will attend the Bid Opening, tabulate and evaluate bids and make recommendations to
the City for Contract Award. The Team will also attend the Public Utility Board and City
Council Meetings to assist in the Presentation of the recommended Award of the Construction
Contract.
Subtask 3D - Notice to Proceed and Pre-Construction Meeting (under contract)
The Project Team will assist the City in issuing a Notice to Proceed to the Contractor and
facilitate a Pre-Construction Conference at the Landfill with the Contractor. The Team will also
o Beck - AU Righb Reserved
Agreement:
Amended Exhibit A. Page 3
AMENDED ExHIBIT A
contact TCEQ prior to construction start, and provide them with the opportunity to attend the
pre-construction conference as well.
Subtask 3E - Construction Administration and Material Testing (contract amendment)
During Cell 3A and 3B construction, the Project Team will assist the City with the administration
of the construction contract by reviewing submittals, answering questions and providing
clarifications, reviewing monthly pay requests, and acting as the City's Authorized
Representative. Duties will include coordination and completion of the required material testing
of the liner materials and documentation of their appropriate placement in accordance with the
construction documents. This testing will be in accordance to the permitted Soil and Liner
Quality Control Plan (SLQCP) and will be the basis for the preparation of the Soil Liner
Evaluation Report (SLER) and the Geomembrane Liner Evaluation Report (GLER) that will be
submitted to the Texas Commission on Environmental Quality (TCEQ) upon completion of the
liner construction. As dictated by the Contractor schedule, the Project Team anticipates regular
construction progress meetings and resident observation/documentation.
Construction administration will include preparation of any Change Orders, if required, (0
incorporate required changes as a result of the Bio- Tech Landfill Permit Modification approval.
Based on the schedule (Figure I), the Project Team should receive the Notice of Deficiency from
the TCEQ, if issued, around February 15, 2007. We estimate this to be about two months into the
Cell 3A13B construction schedule. At that time, the Project Team may need to incorporate other
aspects of the Bio-Tech Landfill project into the Ce1l3A13B construction. Change orders will be
prepared at that time to address these needed additions, if any.
Subtask 3F - Construction Completion and TCEQ Authorization to Fill in Cells 3A and 3B (contract
amendment)
The Project Team will assist in the evaluation of the completed liner and leachate collection
system in accordance with the design and construction documents, conduct a final inspection and
submit the completed SLER and GLER to TCEQ. The Team will meet with TCEQ as required to
discuss and modify the SLER or GLER in order to receive timely authorization to fill these Cells.
Task 4 - Conceptual Design of Cells 3A-3D as a Bic- Tech Landfill (contract amendment)
In this task, the Project Team will develop a conceptual design of an anaerobic Bio- Tech Landf1ll
based upon existing and anticipated waste. receipts, moisture of received waste in place,
additional liquid requirements, storage requirements, and anticipated generated gas quantities.
We will examine various methods of recirculation of leachate and additional liquid amendments
(when permitted), and identify the design and sizing of the recirculation and gas collection
systems. It will be necessary to develop an estimate of the potential gas quantities that will be
generated, and at what rate. The Project Team will develop a site-specific LFG generation model
for that purpose. In addition, the Project Team will complete calculations for flow rate, head, and
storage capacity for the hydraulic aspects of the Bio- Tech Landfill.
Subtasks of this conceptual design will include:
o Beck. All Rights Reserved
Agreement:
Amended Exhibit A - Page 4
AMENDED ExHIBIT A
Subtask 4A - Additional Liquid Amendments
Based on our experience, the magnitude of benefits realized is directly related to the amount of
leachate and liquid amendments recirculated back into the waste. The volume of liquid
introduced can range from 25 to over 50 gallons per ton of waste received per day, depending on
existing moisture conditions of waste in place. In this subtask, we will investigate the potential
sources of liquid amendments (when permitted) that could be used to supplement the leachate
recirculation quantities. Since the Landfill receives about 125,000 tons per year ((py) but is
anticipated to grow to 265,000 tpy by 2025, the optimum liquid volume required will range from
8,500 to over 36,000 gallons per day. Based on our knowledge of the site, it will be necessary to
supplement the leachate quantity generated by providing additional moisture from other sources,
when permitted, in order to bring the waste up to the moisture content for optimum Bio- Tech
Landfill operation. Potential sources include the adjacent City of Denton Pecan Creek
Wastewater Management Facility, local industries, surface water retaining ponds, etc.
In this subtask, the Project Team will evaluate the liquid options available and in particular, the
synergy of teaming with the City's wastewater plant. That plant could provide the quantity of
process water, reuse water, or biosolids required for the Bio- Tech Landf1l1.
Subtask 4B - Slope Slabilily Analysis
The Project Team will complete a slope stability analysis of the liner components of Cells 3A-3D
(as well as Cells I and 2), the intermediate waste slope, and final cover slope for Bio-Tech
Landfill conditions, including increased waste density and pore pressure. The Team will also
complete site specific interface testing for two interfaces (e.g., clay liner and textured
geomembrane) to provide modeling interface coefficients.
Subtask 4C - Landfill Gas Modeling
One of the well documented benefits of bio-technology is the increase in LFG generation rate.
Air regulations require that gas collection and control systems be in place when a "bioreactor"
begins operation and become active either when 40-percent waste moisture is achieved or after
180 days, which ever is later. The type, number and size of LFG controls will depend on the
LFG generated. Gas extraction designs will be considered that can handle additional moisture in
the MSW and also withstand substantial settlement. Flow modeling software (e.g., GasWorks)
will be used to estimate sizing of LFG collectors and headers. In this subtask, the Project Team
will use an R. W. Beck proprietary model to estimate LFG generation through the life of the
Landfill, incorporating bio-technology into Cells I thru 6. We also will meet with DTE Biomass
at the Landfill to discuss the results of our modeling as it relates to development and planning in
their LFG reuse projects.
Subtask 4D - Infrastructure Layout and Sizing
Once the hydraulic and LFG characteristics of the Bio- Tech Landfill are understood, the Project
Team will review and prepare a conceptual layout of the following infrastmcture:
. Leachate and liquid amendment storage and delivery systems (e.g., tank, force main).
. Methods of recirculation (e.g., laterals, permeable beds, surface application).
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Agreement:
Amended Exhibit A. Page 5
AMENDED ExHIBIT A
· Recireulation lateral and/or permeable bed dimensions (length, perfomtion size, and
frequency), media used (e.g., tire shreds, gravel, geonet, etc.), location, and other innovative
methods and designs.
. Manifolding from the force main to the latter systems.
· LFG collection system dimensions and locations. These could include horizontal laterals,
innovative side slope collectors using tempomry geomembrane for outside slopes, and
vertical wells.
. Pump sizing based on system flow and head chamcteristics.
. Intermediate Cover Alternatives: Examine alternatives for intermediate cover that would
enhance the Bio- Tech Landfill operations by providing additional moisture, control/capture
the landfill gas production and control odors more effectively (particularly at the perimeter),
and protect the erosion of slopes. As an example these alternatives could include
geomembrane, higher permeable soils, compost, wood chips, etc. The City is very interested
in utilizing a 20-mil HDPE cap as intermediate cover for erosion protection, to enhance LFG
collection efficiency, and for potential leachate seep control.
. Examine existing daily cover and approved alternates (ADC) and provide recommendations
for addition/modification.
Subtask 4E - Design Report
A summary of the information collected and the analyses conducted to date for the conceptual
design will be prepared in the form of a Preliminary Design Report. This Report will outline the
basis for design of all of the Cells in Phase 3 as a Bio- Tech Landfill. It will also present the
suitability and limits of opemting existing Phases 1 and 2 as a Bio- Tech Landfill. It will further
define the items necessary for the design and construction of Cells 3A and 3B that can be
conducted in accordance with the existing Permit, and independent of the Bio- Tech Landfill
Permit Modification. The items necessary for the Bio- Tech Landfill Permit Modification will be
outlined and the preliminary design of the recireulation and gas collection systems will be
presented. This Report will also define the anticipated independent schedules for: (1) Design and
Construction of Cells 3A and 3B to meet the City's landfill space needs and (2) Preparation of the
Permit Modification Application, and the TCEQ Approval Process for the Bio- Tech Landfill
development. The Preliminary Design Report will be presented to the City Staff for review and
comment. Applicable comments will be incorpomted by the Project Team and the Design Report
will be finalized.
Task 5 - MSW Notice Permit Modification (contract amendment)
Subtask 5A - Determine Applicable Modifications
Initially, the Project Team will review the current MSW Landfill Permit for the facility to
determine what Modifications to the Permit will be necessary to conduct the Bio- Tech Landfill
operations. A list will be developed of the necessary modifications and determine what, if any,
impact they would have on the initial design and construction of Cells 3A and 38. Impacted
permit attachments could include:
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Agreement:
Amended Exhibit A - Page 6
AMENDED ExHIBIT A
. Liner Design
. Leachate and Contaminated Water Plan
. Site Operating Plan
. Landfill Gas Management Plan
Typical additions/modifications to the permit include:
· A liquids acceptance plan establishing the criteria for liquid amendments (to be prepared but
archived until bioreactor operation is permittable)
· A general list of acceptable liquid amendments (e.g., surface water) (to be prepared but
archived until bioreactor operation is permittable)
. Monitoring methods to gauge success of the Bio-Tech Landfill (e.g., leachate and LPG
flow/quality settlement, waste moisture content, leachate head)
. Recirculation design and operation plan
. Gas collection design, control, and operation plan
. Odor management plan
. Records management
. Contingency action planning
Subtask 58 - Notice Modification Application
While the City Staff is reviewing the Preliminary Design Report (Subtask 3F), the Team will
prepare the Draft MSW Permit Modification Application. These docwnents will also be
presented to the City Staff for review and comment. It will be beneficial at that time for the City
Staff and Team to meet with appropriate TCEQ staff to discuss the Project and COnflIIll their
current Application(s) submittal requirements.
After incorporating comments from the City Staff review, the Team QAlQC review, and
discussions with TCEQ staff, the MSW Permit Modification Application will be finalized and
submitted to TCEQ for review and approval. Based upon current practice at TCEQ this MSW
Permit Modification Application will be processed under 30TAC 305.70 (k) which will require
proper notice in accordance with 39.106 and to all persons listed in 39.413.
Subtask 5C - MSW Notice of Deficiency (NOD)
TCEQ by statute is required to complete their technical review of the MSW Permit Modification
Application within 60 days of submittal unless the executive director extends the review period
to resolve outstanding notice of deficiencies. In practice, Noticed Permit Modification
applications are not technically complete after initial review by the TCEQ staff, and it is usually
necessary to clarify issues or provide additional information to allow the TCEQ staff to complete
their technical review. In order to receive all of the information that the TCEQ staff requires,
they will issue a Notice of Deficiency(ies) (NOD) requesting that information. In almost all
cases the review period is extended and the Notice of Deficiency is issued near the 60 day review
period. The Project Team intends to meet with TCEQ at that time to understand any NOD.
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Amended Exhibit A - Page 7
AMENDED ExHIBIT A
Subtask 5D - Response to NOD
Subsequently, the Project Team will prepare responses to the TCEQ MSW NOD to provide the
requested additional information and clarification. These responses will be reviewed by the City
and submitted to TCEQ. In some cases TCEQ will respond with an additional NOD requesting
additional information or further clarification, and the response process is repeated. However,
the Team anticipates that this Project can be handled through only one NOD through pre-
submission meetings and discussions during the review process.
Subtask 5E - MSW Permit Notice Process and Comment Period
Upon completion of the acceptable MSW Technical Review by TCEQ in accordance with 30
TAC 39.106, the City will be required to prepare and provide a Notice of Application and
Preliminary Decision. This Notice must be mailed to a list of current landowners as noted in
30S,70(e)(S), and to others noted in 39.413(1), and the City must provide an Affidavit to TCEQ
that proper Notice was mailed and the date of mailing. The Project Team will assist the City in
the process.
A person may provide written comment to the TCEQ within 23 days after the date the Notice was
mailed by the City. 'Thc executive director is required to review the comments, but is not
required to file a response. If no comments are received, the executive director may issue
approval on the 28th day after Notice was mailed. If comments were received, the executive
director has until the 45th day after Notice was mailed to make a decision to approve or deny the
application, issue a NOD, or determine that the request cannot be processed as a MSW
Modification and must be resubmitted as a MSW Permit Amendment. This scope of work may
be modified to assist the City if additional services are required to respond to public comment.
Upon approval of the MSW Permit Modification, any remaining permit changes that will affect
the construction of Cells 3A and 3B will be incorporated (under Subtask 3E) into the
construction documents by Change Order or additional designs will be prepared to construct
these facilities (e.g., storage, recirculation force mains, gas collection lines, gas treatment
facilities, etc.) under one or more separate construction contracts.
Additional Scope of Work - Lateral Expansion Feasibility
Task 6 - Feasibility of Lateral Landfill Expansion (contract amendment)
Subtask 6A -Initial Meeting and Existing Data Assessment
The Project Team will meet with appropriate City Staff to discuss the Potential for a lateral
expansion of the Landfill to the acreage to the north of the existing Landflll and west of the
existing City Pecan Creek Wastewater Management Facility. At this meeting the City will
provide current information available concerning current City ownership, metes and bounds
descriptions, easements, deed restrictions, maps, access roads, preliminary soils investigation,
groundwater data, floodplain, and other pertinent information for an evaluation of the property as
a potential expansion of the landfill. If the data are not readily available, the Team will defme
which data are critical for the evaluation and obtain the information through other sources, or
o Beck - All Rights Reserved
Agrtement:
Amended Exhibit A. Page 8
AMENDED ExHIBIT A
conduct necessary field investigations, The Scope and Fees will be modified to. cover any
necessary field investigations identified by the Project Team.
Subtask 68 - Hydrogeologic Investigation
In this subtask, a hydrogeologic investigation in the proposed expansion area will be completed
to assess geologic and groundwater flow characteristics. Field work will include completion of
10 soil borings to a depth of 75-feet. Work items will include:
. Field services - drilling and sampling in 5-foot intervals, and setting a 2-inch diameter
piezometer within each borehole at the estimated water table. Piezometers will be
completed with 4-inch by 6-inch above grade locking protective casings within 2'x2'x4"
concrete pad at ground surface.
. Laboratory testing - select soil samples will be tested for Atterherg Limits, Minus 200-mesh
sieve, and gradation analysis.
· Professional services - includes field geologist or engineer on site during field operations,
producing logs of borings and documentation of piezometer installation. Project
management and coordination of activities.
This subtask does not include site clearing, special equipment for accessing boring locations,
surveying, or subsequent groundwater measurements. The Project Team will set up a data sheet
that City personnel can use to record subsequent groundwater measurements, as well as show
City personnel the measurement procedure.
The piezometers will be 2-inch diameter PVC threaded pipe, with sanded armulus and bentonite
collar below the surface completion. Depending upon the findings of the exploratory borings, it
might be decided that some of the piezometers be placed so as to monitor discreet intervals if
groundwater is encountered within a particular material or layer. The subtask has been
developed, however, anticipating 75-foot deep piezometers.
Subtask 6C - Review Location Criteria
The Project Team will compare the obtained information to the Location Restrictions outlined in
the current Subchapter M: Location Restrictions TAC 330.545 through 330.561 and determine if
the property includes a fatal location restriction flaw that would prevent Permit Approval.
Subtask 60 - Master Plan
Upon completion of the above subtasks, the Project Team will prepare a Site Master Plan for the
850-acre Landfill parcel to tie the expansion into the existing landfill development plan. The
Plan will include development of a conceptual fill cross section with various excavation depths
and fmal fill elevations. The Plan will also: discuss the advantages and disadvantages of
excavating to a deeper elevation than that currently allowed in the existing Permit; discuss
methods of controlling groundwater in the deeper excavations; develop estimates of the waste fill
capacity of the various fill sections; and, prepare an estimate of the development costs of each.
Based on the above information, the Team will determine the Feasibility of developing the
property as a lateral expansion of the current landfill and prepare a Report of the findings and the
basis of the feasibility. A draft Report will first be prepared for City review. A meeting will then
C Beck - All Rights Reserved
Agreement:
Amended ExbibitA. Page 9
AMENDED ExHIBIT A
be held with the City to discuss the expansion feasibility and to obtain comment. A final Master
Plan will then be completed for the City's use in future Landfill development.
Task 7 - Citizen's Drop-Off Area Design and Construction (contract amendment)
Subtask 7 A - Complete Design Plans and Construction Oocuments for
Upon approval of this amendment, the Project Team will begin developing draft design plans,
specifications, and construction bid documents for a relocated Citizen's Drop-Off Area for the
Landfill. The schedule (Figure 1) for proceeding with bidding and construction of this work will
be independent of the Bio- Tech Landfill Permitting at TCEQ or the Cell 3A13B construction, and
allows for construction in late Fall 2006.
Meetings will be held with the City to present the draft documents and subsequently to discuss
any City comments to the draft documents. Applicable comments will be incorporated into a
final set of plans and specifications. After approval of the final docwnents by the City, this
construction project would be advertised for bids.
Subtask 7B - Pre-Bid Meeting and Bid Opening
The Project Team will assist the City in answering questions and providing clarification about the
Project Construction Documents during the period of advertisement for bids. We will assist the
City as required during the Pre-Bid Meeting with prospective Contractors and in preparing
Addenda prior to Bid Opening. We will prepare an engineer's cost estimate of the construction.
The Team will attend the Bid Opening, tabulate and evaluate bids and make recommendations to
the City for Contract Award. If necessary, the Team will also attend the Public Utility Board and
City Council Meetings to assist in the Presentation of the recommended Award of the
Construction Contract.
Subtask 7C - Notice to Proceed and Pre-Construction Meeting
The Project Team will assist the City in issuing a Notice to Proceed to the Contractor and
facilitate a Pre-Construction Conference at the Landfill with the Contractor. The Team will also
contact TCEQ prior to construction start, and provide them with the opportunity to attend the
pre-construction conference as well.
Subtask 70 - Construction Administration and Material Testing
During construction of the new Citizen's Drop-Off Area, the Project Team will assist the City
with the administration of the construction contract by reviewing submittals, answering questions
and providing clarifications, reviewing monthly pay requests, and acting as the City's Authorized
Representative. Duties will include coordination and completion of any required material testing
and documentation of construction in accordance with the construction documents. The Project
Team anticipates two construction meetings with the Contractor and the City to evaluate progress
and to review substantial completion. Construction administration will include preparation of
any Change Orders, if required.
o Beck. All Rights Rcse<V<d
Agreement
Amended Exhibit A - Page 10
AMENDED ExHIBIT A
Schedule
A schedule outlining this amended scope of work for all seven tasks is provided in the attached
Figure 1. Note that project meetings with the City and with TCEQ are indicated on the schedule.
Fees for EngIneering ServIces
Based on the previously outlined additional Scope of Services and schedule, we estimate the total
fee for these engineering services to be $665,500. The total project cost represents a "not to
exceed" figure, which will not be exceeded without written authorization from the City. Cost by
task is delineated in Table 1 below. Additionally, the amount of each task will not be exceeded
without written authorization of the City.
Our estimate assumes that current permit drawings and docwnents are available electronically
from the City, as well as, a topographic survey of the existing conditions of the Ce1l3AIB area.
Table 1 - Engineering Fee EstImate
Teek
1 - Project Kickoff Meeting
2 - Minor Permit Modifications
3 - Design and Construction of Cells 3A and 3B
4 - Conceptual Design of Cells 3A-3D as a Bic- Tech
Landfill
5 - MSW Notice Perm~ Modification
6 - Feasibility of Lateral Landfill Expansion
7 - Citizen's Drop-Off Area Design and Construction
Total
116,500
94,000
22,600
$665,500
C Beck - All R;ghts Rc=ved
Agreemon"
Amended Exhibit A - Page 11
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