2002-175NO. g&2- /
AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE
A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH EMCON/OWT, INC. FOR
PROFESSIONAL ENGINEERING SERVICES CONSTRUCTION QUALITY ASSURANCE
(CQA) PROFESSIONAL OF RECORD (]?OR) FOR SOIL LINER QUALITY CONTROL AT
THE DENTON MUNICIPAL LANDFILL AS SET FORTH IN THE CONTRACT; AND
PROVIDING AN EFFECTIVE DATE (PSA 2862 TO EMCON/OWT IN THE AMOUNT OF
$117,564).
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
WHEREAS, The professional services provider (the "Provider) mentioned in this ordinance
is being selected as the most highly qualified on the basis of its demonstrated competence and
qualifications to perform the proposed professional services; and
WHEREAS, The fees under the proposed contract are fair and reasonable and are consistent
with and not higher than the recommended practices and fees published by the professional
associations applicable to the Provider's profession and such fees do not exceed the maximum
provided by law; NOW, THEREFORE,
SECTION 1. That the City Manager is hereby authorized to enter into a professional service
contract with Emcon/OWT, Inc. to provide professional engineering and related services for soil
liner quality control at the Denton Municipal Landfill; a copy of which is attached hereto and
incorporated by reference herein.
SECTION 2. The City Manager is authorized to expend fimds as required by the attached
contract.
SECTION 3. The findings in the preamble of this ordinance are incorporated herein by
reference.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
,2002.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
2-ORD -
RFSP 2862 Construction Quality Assurance
PROFESSIONAL SERVICES AGREEMENT
FOR ARCHITECT OR ENGINEER
THIS AGREEMENT is made and entered into as of the 31 st day of May, 2002,
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,
hereinafter called "Owner" and EMCON/OWT, Inc. Firm, with its corporate office at 999
Remington Boulevard, Suite A, Bolingbrook, I1 60440-3556 hereinafter called "Design
Professional," acting herein, by and through their duly authorized representatives.
In consideration of the covenants and agreements herein contained, the parties hereto do
mutually agree as follows:
SECTION 1
EMPLOYMENT OF DESIGN PROFESSIONAL
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 Proposal, 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, (describe the
Project in the space below)
Provide Construction Quality Assurance (CQA) and Professional of Record (POR)
services for construction of the approximately 13 acre liner to be constructed at the City
of Denton's Landfill in Cells 2B and 2C. Management of the contractor and surveying
services are not included in EMCON/OWT's basic scope of work but may be added as
additional services.
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SECTION 2
COMPENSATION
The Owner shall compensate the Design Professional as follows:
2.1 BASIC SERVICES
2.1.1 For Basic Services the total compensation shall be $ 117,564.00 inclusive of
Reimbursable Expenses as detailed in the Design Professional's proposal and cost
estimate.
2.1.2 Progress payments for Basic Services shall be paid in the following percentages
of the total compensation for the Basic Services satisfactorily completed at the end of
the following phases of the Project:
Construction Phase
100~o
Progress payments will be made monthly based on actual time and materials in accordance
with the attached project cost estimate.
2.2 ADDITIONAL SERVICES
2.2.1 Compensation for Additional Services is as follows:
Professional of Record (P.E.)
CQA Monitor
CQA Engineer
CADD Operator
Clerical Staff
$112.00 per hour
$ 48.00 per hour
$75.00 per hour
$56.00 per hour
$42.00 per hour
2.2.2 Compensation for Additional Services of consultants, including additional
structural, mechanical and electrical engineering services shall be based on a multiple of 1.1
times the amounts billed to the Design Professional for such additional services.
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.SECTION 3
ENTIRE AGREEMENT
This Agreement includes this executed agreement and the following documents all of which
are attached hereto and made a part hereof by reference as if fully set forth herein:
City of Denton General Conditions to Agreement for Architectural or
Engineering Services, noting that Sections 2.2 through 2.5 are not applicable to
the agreement.
2. The Design Professional's Proposal and Cost Estimate
This Agreement is signed by the parties hereto effective as of the date first above written.
CITY MANAGER
ATTEST:
JEN. NtFER WALTERS, CITY SECRETARY
A~O; 'ED ~S TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
WITNESS:
BY:
Firm's Officer/Representative
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Crl'¥ OF DENTON
GENERAL CONDITIONS
TO
AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES
ARTICLE 1. ARCIilI'~CT OR ENGINEER'S RESPONSIbILITIeS
1.1 The.A~rchitect or Bnginecfs services consist of those selwines for file Project (as defined in the agreement (the"~greement") and proposal (the "Proposal") to which these
C~neml Conditions are a~ached) performed by the Architect or Engineer (he~tha~er called the "Design Professional'') or Design Professional's employees and consultants as
enumerated in A~dales 2 and 3 of these General Conditions as modified by the Agreement and Proposal (file "Services").
1.2 The Dasign Professional will perform all Services as an independent contractor to the prevailing professional standards consist~t with the level of care and skill ordinarily
exercised by members of the same profeasinn cur~entiy practicing/n the same locality under sim/hr conditions, including reasonable, informed judgments a~d prompt timely
actio~ (the "Degree of C~re''). The Services shall be performed as expeditiously as is coasistent with the Degree of Care necessary for the orderly progress of the Project.
Upon request of the Owner, the Design Professional shall submit for the 0wne~s appwval a schedule for the performance of the Services which may be adjusted as the Project
proceeds, and shall include allowances for periods of t/me required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project.
Time limits established by this schedule and appwved by the Owner shall not, excopt for reasonable cause, be exceeded by the Design Professional or Owner, and any
adjus~ents to this schedule shall be mutoally acceptable to both pa~ties.
ARTICLE 2 SCOPE OF BASIC SERVICES
2.1 BASIC SERVICES DEFINED The Design Professional's Basic Se~Mces consist of those described in Sections 2.2 through 2.6 of these General Conditions and include
without limitation normal s~uctoral, civil, mechanical and alcc~cal engineering services and any other englneefing services necessaa'y to produce a complete and accurate set of
ConjUnction Documents, as desert"ced by and required in Section 2.4. The Basic Services may be modified by the Agreement.
2,2 SCKEMATIC DESIGN pHASE
2.2.1 The Design Professional, in consultation with the Owner, shall develop a writton program for the Project to ascertain Own~s ne~ds and to establish the
require~ents for the Project
2.2.2 Tn~ Design Profe~ional sha~ provide a preliminary evaluation of the Owners program, construction schedule mad cons~raedon budget requlrements, each in
~rms of the other, subject to the limitatinn~ set forth in Subsection 5.2.1.
2.2.3 The Design Professional shall review with the Owner alternative approaches to design and consiruedon of the Project.
2.2.4 Based on the mutually agreed-upon program, schedule mad eon~h'ucfion budget reqinrmnents, the Design Pmfassional shall prepare, for approval by the O~aaer,
Schematic Design Documents comisfing of drawings and other dcouments illus~ra~ng the asale and ralalionship of Project componenis. The Schematic Design shall
contemplate compliance with all applicable laws, statutes, ordinoneas, codas and ~egnlat~ons.
2.2.5 The D~ign Professional shall submit to the Owaer a prelim~m~y derailed estimate of Construction Cost based on current area, volume or other unit costs and
which indicates the cost of each category of work inwlved in consmacting the Project and establishes an elapsed time factor for the pefied of ~me ~om the
cormmencemeat to the completion of eons~uetion.
2.3 DESIGN DEVELOPMF, NT PHASE
2.3.1 Based on file approved Schematic Design Documents and any adjttstments authorized by file Owner in the program, schedule or consmaction budget, the Design
Professional filall prepare for approval by the Owner, Design Development Documents consis~ng of drawings and other documents to fLx and describe the size and
with all applicable la~,~, statutes, ordimmees, codes and regnlat~ons. Notvathstaedmg Owners approval of the donuments, Design Professional ti~'~f~ that the
Documents mad specifications va~ be sufficient and adequate to fulfill the pu~oses of the Project.
23.2 The Design Professional shall advise the Owner of any edj ustments to the preliminary estimate of Com~ucfion Cost in a further Detailed Statement as described
in Section 2.2.5.
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 Based on the approved Design Development Documents and any further edjus~ents in the scope or quality of the Project or in the cor~l~uedon budget
authorized by the Owaer, the Design Professional shallpmpare, for approvalby the O~ner, Consm~ction Documents consisting of Drawings and Speciflcatinns setting
forth in detail requirements for the consmaefion of the Project, which shall comply with all applicable laws, statutes, ordinances, codes and regulations.
2.4.2 The Design Professional shall assist the Owner in the prepa~allon of the necessary bidding or prccurement iathrmafion, bidding or procurement forms, the
Conditions of the contract, and the form of Agreement between the Owner mad con,actor.
2.4.3 The Design Profe~innal shall edMse the Owner of may adjustments to previous preymunary es timates of Construction Cost indicated by ehangss in requirements
or gnneral market conditions.
2.4.4 The D~sign Professional shall assist the Owaer in connection with the Owner's responsibility for filing documents required for the approval of governmental
authorities having jufiediebon over the Project.
2.5 CONSTUCTION CONTRACT PROCUREMENT
2.5.1 The D~gn Professional, following the Owners approval of the Constmellon Docoments and of the latest preliminary detailed estimate of Construction Cost,
shall assist the Owner th procuring a cons~uefion eon~et for the Pmjcot through any procumnent method that is legally applicable to the Project including without
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· ~imitation, thc competitive scaled biddLug process. Although the Owner ~/11 consider the ad~/ce of thc Design Professional, thc award of the construction contract is in
. the sole d.iscre~on of thc Owner.
2.5.2 if thc construct/on contract amotmt for the Project exceeds the total construction cost of the Project as set forth in the approved Detailed Statemc'nt °f Pr°bable
Construction Costs of the Project submitted by thc Design Professional, then the Design Professional, at its sole cost and exp~nse, w~ll revise the Consla'uction
Documents as may be required by the Owner to ~educe or modify the quantity or qusl~ty of the work so that the total construction cost of thc Project will not exceed
the total construction cost set forth iu the approved Detailed Statement of Probable Construction Costs.
2.6 CONSTRUCTION pHASE - ADM]GNISTRATION OF TI][~ CONSTRUCTION CONTRACT
2.6.1 TheD~ignProfessional,sresponsthil/tytoprovideBasic Se~wices for the ConstructionPhase under this Agreement commences with the award of thc Contract
for Construction and terminates at the issuance to the Owner of thc final Ccrlificate for Payment. unless extended under the terms of Subsection 8.3.2.
2.6.2 ]he Design Professional shall provlde detailed admlnlstration of the Conlract for Construction as set forth below. For design professionalss the administtati°n
other I~rsons performing portions of the work.
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2.6.13 The D~ign Professional shall prepare Change Orders and Constraction Change Di~ctives, with supporting documentation and data if deernad necessary by
' the Design Professional as provided in Subs~ctiom 3.1.1 aud 3.3.3, for the Owaer's approval and execution in accordance with the Contrect Documents, and may
authorize rniner changes in thc work not invol~ug au adjustment in the Conh-act Sum ar an extension of the Conh'act Time winch are not inconsistent with the intent
of the Contract Documents.
2.6.14 On behalf of the Owner, the Design Professional shall conduct inspections to determine the dates of Substantial Corupletinn and Final Completion, and if
requested by the Owner shall issue Certificates of Substantial and Final Completion. The Deaign Professional will receive and mvinw ~sitren guarantees and related
documents r~quired by the Contract for Construction to be assembled by the Contractor and shall i~ue a final c~rtificate for Payment upon compliance with the
requirements of the Contract Docurn~ts.
2.6.15 The Design Professional shall interpret and provide recommendations on matters concerning performance of the Owner and Conlractor under thc requirements
oftha Contsact Documents on written request of either the Owner or Conhactor. The Design Professional's response to such requests shall be made with reasonable
promptness and within any llme limits agreed upon.
2.6.16 Inteepr~tations and decisions of the Dealga Professional shall be consistent with the intent of aud reasonably inferable from the Contract Documents and shall
be in vniting or in thc fonu of drawings. When making suchint=,~,~ ~tations and initial decisions, the Dealgn Professional shalI endeavor to secm'e faiththl performance
by both Owner and Conixactor, and shall not be liable for results or interpretations or decisions so rends'ed in gnix1 faith in ansordance with all the provisions of this
Ags~rn~nt and in the absence of negligence.
2,6.17 The Design Professional shall render wrlt~n decisions within a reasonable time on all claims, disputes or othar matto, rs in question betw~n the Owner and
Contractor relating to the execution or pro,tess of the work as provided in tho Contract Dccuraenis.
2.6.18 The De.sign Professional (1) shall render services under the Agreement in accordance with the Degsee of Care; (2) will rdmburse the Owner for all damages
caused by the defective designs the D~sign Profeasinnal prepares; and (3) by acknowledging payment by the Owner of any fees due, shall not be released from any
rights the Owner may have under the Agse~ment or diminish any of the Design Profesalonal's obligations thereunder.
2.6.19 Tho Design Professional shall provide the Owner with four sets of reproducthlo prints showing all signifeant changes to the Construction Documents during
the Constrnstion Phase.
ARTICLE 3 ADDITIONAL SERVICES
3,1 GENERAL
3.1,1 The service-s described in this Article 3 are not included in Basic Services unless so identified in the Agreement or Proposal, and they shall be paid for by the
Owner as provided in th~ Agreement, in addition to the compensation for Basic Services. The services descn'bed under Sections 3.2 and 3.4 shall only be providep ff
authorized or confirmcd in writing by the Ovmer. If sawices described under Contingent Additional Services in Section 3,3 are requ/rad due to alrcumstances beyond
the Design Professional's control, the Design Professional shall notify the Owner in writing and shall not conunence such additional services until it receives written
approval from the Owner th proceed. Ifthe~wnerindicatssinv~tingthatall~rpart~fsuchC~n~ngentAdditiona~Servi~eaa~n~trequ.u~:d~theDesi~nProfesal~nal
shall have no obligation to provide those seiwlces. Owner will be responsible for compensating the Dedgn Professional for Contingent Addition~i Services onIy/f
they are not required due to the negligence or fault of Design Professional.
3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
3.2.1 Ifra~ extensive representation at the site than is described in Subsection 2.6.5 is ~.,qui~d, thc Design Professional shall providc one or more Project
Representatives to assist in can~ing out such additional on-site responsibilities.
3.2.2 Preje~t Representatives shall be selected, employed and directed by the Design Professional, and the Design Professional shall ha compensated therefor
agreed by the Owner and Design Professional.
3.3 CONTINGENT ADDITIONAL SERVICES
3,3.1 Making material revisions in Drawings, Specifications or other documents when such revisions are:
1. inconsistent with appwvals or inslractions previously ~iven by the Owner, including revisions made necessary by adjustments in the Owner's
program or Project budget;
2. required by the enaclment or revialon of codes, laws or regnlations subsequent to the preparallon of such documents, or
3. due to changes required as a result of the Owners failure to render decision in a timely manner.
3.~.2 Providiug services required because of al~ificant changes in the Project including, but not limited to, size, quality, complexity, or the Owners schedule, except
for services required under Subsection 2.5.2.
3.3.3 Pr~aring Drawings, Specificalions ~ud other documentation and supporting data, and providing other services in connection with Change Orders and
Construction Change Directives.
3.3.4 Providing consultation concerning replacaxrant of work damaged by f~re or other cause durlug construction, and furahhlng sewiees required in connection with
the replacement of such vaxlc
3.3.5 Previding services made necessais' by the ddault of the Contractor, by major defeats or deficiencies in the work of the Contractor, or by failure ofpedormance
of either the Owner or ConWactor under the Contract for Construction.
3.3.6 Providing sc~4ces in evaluating an extmalve number of claims subraltted by the Contractor or others in connection with the work.
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3.3.7 Proyiding sen, ices in eormection with a public bearing, arbitratiou proceeding or legal proceeding except wl~o tho Design Professional is party thereto.
3.3.8 Providing services in addition to those required by A~icle 2 for prep asing documents for alternate, separate or sequential bids or providing servicea in cormec tion
with bidding or construction p~or to the eompletinn of the Construction Documents phase.
3.3.9 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all servines deserihed in this Article 3 that
camed or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the
Basic $crvices under the Agreement with no additional compensallon above and beyond the compensation due the Design Professional for the Basic Services. The
intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subs ection 3.3.9.
3.4 OPTIONAL ADDmONAL SERVICES
3.4.1 Providing financial feas~ility or other special studies.
3.4.2 Providing planning surveys, site evaluations or comparative studies of prospective sites.
3.4.3 Providing special surveys, enVm~nmental studies and submissions required for approvals of gnvcmmental authorities or others having jurisdiction over the
Project`
3.4.4 Providing services relative to future facilities, systems and equipment.
3.4.5 Providing services to investigate exis~g conditions or facilities or to make measured drawings theren£
3.4.6 Providing services to verify the accmacy of drawings or other information fin'nished by the Ovmer.
3.4.7 Providing cmadinafion of construction performed by separate contractors or by the Owner's own forces and coordination of serdces required in enrmectinn with
consh'uction performed and equipment supplied by the Owner.
3.4.8 Providing de~a~fled quantity ~m~veys.or inventories 9f material; eqUilanent and labor.
3.4.9 Providing analyses of operating and maintenance costs.
3.4.10 Maklnginvestlgations, inventories of materials or equipment, or valuations and detailed appraisals of exisling facilities.
3.4.12 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals,
training personnel for operation and maintenance and consultation during operation.
3.4.13 Providing interior design and similar services required for or in connection with the saleetion, procurement or installation of furniture, furnishings and related
equipment.
3.4.14 Providing services other than as provided in Sect/on 2.6.4, af~er issuance to the Owner of the final Cerdfinate for Payment and expimtlon of the Warranty
period of the Contract for Construction.
3.4.15 Providing services of consultants for other than architectural, civil, stmctoral, meehaninal and electrical engineering portions of the Project provided us a part of
Basic Services.
3.4.16 Providing any other servines not othemqse inaluded in this Agreement or not customarily ftmftshed in accordance with generally accepted arekiteetoral
practice.
3.4.17 Preparing a set of reproduinbla record drawings in addition to those required by Subsection 2.6.19, showing significant abanges in the work made during con-
struction based on marked-up prints, drawings and other data furnished by the Contractor to the Design Prof~sionaL
3.4.18 Notwithstanding mything contained in the Agreement, Proposal or these General Conditions to the contrary, all se~vines desen'bed in this Article 3 that are
caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the
Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The
intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Suheeelion 3.4.18.
ARTICLE 4 OWNER'S RESPONSIBILI't'LES
4.1 The Owner shall consult with the Design Professional regarding requirements for the Project, incluffmg (1) the Owners objeedves, (2) schedule and design
constraints and criteria, including space requirements and relationships, flexibility, expendability, speuial equipment, systems and site requirements, as more speui-
fieally desoribed in Subsection 2.2.1.
4.2 The Owner shall establish and update an overall budget for the Project, including thc Constmclion Cost, the Owner's other costs and reasonable contingencies
related to all of these costs.
43 If requested by the D~gn Professional, the Owner shell fumiab evidence that financial arrangements have been made to thlfill thc Owner's obligations under this
4.4 The Owner shall designate a representat/ve authorized to act on the Owners behalf with respect to the Project. The Owner or such authorized representative shall
render decisions in a timely manner pertaining to documents submitted by the Design Professional in order to avoid unreasonable delay in tho orderly and sequential
progress of the Design Professional's sen, ices.
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4,S Wher~ applicable, the Owner shall furnish surveys desc'dbmg physical charactenstms, lc gal lirmtat~ons and utihty loca~ons for tha rote of the Proj eot, and a written
· legal description of the site. Thc surveys and legal Information shall include, as ~q~plicable, grades and lines of streets, alleys, paverneats and adjommg property and
ARTICLE 5 CONSTRUCTION COST
5,1 CONSTRUCTION COST DEFINED
5.1.1 The CmliWlction Cc~t slieil be the total cost or e~fimated cost to tho Owner o£ ell siemeuts of the Pwject deslgned or specffied bY the Deeign Pr°fe~i°nei'
5.1.2 The Construction Cost shall include the cost at cummt market rates of labor and materiels furnished by the Owner and equipment designed, specified, selected or
specially pmvlded for by the Design professional, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for con-
tingencies shall be included for market conditions at the time of bidding and for changes in the work during construction.
5.1.3 Ccns~medon Cost does not include the campensalion of the Design Pmthssional and Design Professional's consultants, the costs of thc land, rights-of-way,
financing or other costs which am the responsthliity of tho Owner as provided in Article 4.
5.2 RESPONSIBILITY FOR CONSTRUCTION COST
....... Cost prepared by the Design
5.2.1 Bvaluations of tho Owner's Project budget, pmltmmary es//mates of Constmctmn Cost and detailed estimate~ of Consh'ucfion
Professional r~pr~ent thc Design Professional's best judgment as a design professional familiar with the constraclion industry. It is recognized, hawewr, that neither
the Design Professional nor thc Own*r has contsol over the cast of labor, taste'rials or equipra~'nt, over the Contractor's methods of dot~m~,ing bid pricas, or ov~
competil/ve biddIng or market conditions. Accordingly, the Design Profe~alonei emmet and does not warrant or represent that bids or cost proposals will not vary
from the Own~s Project budget or from any esttmate of Conslmctmn Cost or evaluation prepared or a~eed to by tho Design Professtonal.
$.2.1 No fixed limit of Construction C est shall be established as a condition of the Agreement by the furnishing, proposal or establishment of a Proj eot lludgct, unless
such fixed limit has ha~n agreed open th writ/ng and stgned by th~ part'es thereto- If such a fixed limit has bern e.~abltshad, the De-sign Pmfesmonei shall be pcrrmt/cd
to include contingencies for design, bidding and price escahtion, to dots-mine what materials, equipment, component systems and types of construction are to be
included in the Conlract Docunents, to make reasonalll~ edjustmmts tn the scope of the Project and to mcinde m the Conlract Dccumems aitemat~ buis to adjust thc
Construction Cost to the fixed 1Lm/t. Fixed limits, ff any, shall bc ineraased In the amoant of an increase in tha Conlract Sum occurring ~ execution of the Conh'act
for Construction.
5.2.3 If the hocurement pha~e has not commenced within 90 days ~ thc Design Professional submits the Construction Docurr~nts to the Owner, any project
budget or fixed limit of Construction Cost shall be adjusted to r~flect chang~ m the g~aeral level of prices m the consh'ucl~on mdusl~t b~tween the date of subrmssmn
of the Construction Documents to the Owner and tho date on which proposals are sought.
ARTICLE 60WNERSIIlP AND USE OF DO~NTS
..... of the D~eign Professional's service and shall
6.1 The Drawings, Specifications and othar documents prepared by thc D~tgn Professorial for this Project are instmm~ts
become tho properly of the Owner upon taxnlnation or completion of the Agn~uent "rite Dedgfi Profe*sionei/s entitled to retain copies of all ~uch documents. Such
· . . · ' ' e In the event the
documents ar~ inteeded only be applicable to this Project, and Owner s use of such docurr~nts m other prolecte shall be at Owner s sole risk and ex~*n~ .
Owner uses ~ny of the information or materials developed pursuant to tho Ag~e~rnent in another project or for other purpose~ than are specified in the Agre~n~at, the Design
Professional is released from any and all liability relating to their use in that project
6.2 Submission or disinbution of documents to meet official ragulatm3t requirements or for similar purposes in connection with the Project is not to be construed as publication
in derogation of the Design Professional's reserved rights.
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ARTICLE 7 TE .RMINATION~ SUSPENSION OR ABANDONMENT
7.1 The Design Professional may terminate the Agreement upon not less than thirty days wri~en notice should the Owner fail substantially to pedorm in accordance with the
terms of the Ag~oment through no fault of the Design Professional. Owner rn~y t~rminate the Agreement or any phase thereof with or without cause upon thfi~ (30) days
prior written not, ce to the Design Professional. All work and labor bsing performed under the Agreement shall cease fi'rnnediately upon Design Professional's receipt of such
notice. Bsfore the end of the third, (30) day period, Design Professional shallinvoice the Owner for ail work it safisthctorily performed prior to the receipt of such notice. No
·mount shall be due for lost or anticipated profits. All plans, field surveys, and other data related to the Project shall become property of the Owne~ upon termination of the
Agreement and shall bo promptiy dchv~ed to the Owner in a reasonably organized form. Should Owner subsequently contract with a new Design Professinnal for continuation
of services on the Project, Design Professional shall cooperate in providing information.
7.2 If the Project is suspended by the Ovmer for more thau 30 consecutive days, the Design Professional shall be compensated for services satisfactorily performed prior to
notice of such suspension. When th~ Project is resumed, the Design Professional's compensation sheil be equitably edjusted to provide for expenses incurred in the interruption
and resumption of the Design Professional's services.
7.3 The Agreement may be terminated by the Owner upon not less than seven days wtitan notice to the Design Professional in the event that the Project is perm~uentiy
abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Design Professional or the Owner may terminate the Agreement by giving wri~en
notice.
7.4 Fsilure of the Owa~r te n~ke payments to the Design ProfessionaI for work satisfactorily completed in accordance with the Agreement shall bo consldemd substential non-
perforr~nse and cause for termination.
7.5 ffthe Owner fails to make payment to Design Professional within thh-ty (30) days of receipt of a statement for services properly and satisfactolily performed, the Design
Pwfessional may, upon seven days wsit~en notice to the Owner, suspend performance of services under the AgreemenL
7.6 in the event of tenuinafion not the fault of the Design Professional, the Design Professional shall be compensatad for sewices properly and sathfactofily p~rformed prior to
tc~mlthat/on.
ARTICLE 8 PAYMENTS TO Tlch~J DESIGN PROFESSIONAL
8.1 DIRECT PERSONNEL EXPENSE
8.1.1 Direct personnel Fc.xpense is defined as the direct salaries of the Design professional's personnel engaged on the Project and thc portion of the cost of their
mandatory and custonm'y conm'bufions and benefits related thereto, such as employm~t taxes and other statutory employee benefits, insurance, sickleave, holidays,
vacations, pensions and similar con~ibutions and benefits.
8.2 REIMBURSABLE F. XPENSES
8.2.1 P,~mbursable Expenses are in addition to compensation for Basic and Additional Services and inaludd expenses incurred by tho Design Professional and
Design Professional's employees and consultants in the interest of the Project, es identified in the following Clauses.
8.2.1.1 P~.q~mse of transportation in connection with the Project; expenses in connection with authorized out-of-town travel; long-dlstsnce corrxnunications;
and fees paid for securing approval of authorities having jurisdiction over the Project
8.2.1,2 Expense of rsproductions (except tho reproduction of the sets of dccum~nts referenced in Subsection 2.6. [ 9), post~gc and handling of Drawings,
Specifications and other d~cuments.
8.2.13 If authorized in advance by the Owner, experise of oveI~rne work requiring highe~ than regnhr rates.
8.2,1.4 Expense of r~ad~rings, models and mock-ups requested by the Owner.
8.2.1.5 Expense of computer-aided design and dra~/ng equipment ~ when used in connection with thc Project.
8.2.1.6 Other expenses that arc approved in advance in writing by the Owner.
8.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES
8.3.1 Payments for Basic Sendces shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the
basis set forth in Section 2 of the Agreement and the schedule of work.
If and to the extent that the tnm in/tinily established in the A/reement is exceeded or exicnded through no thult of thc Design Professional, compensation for any
scnw/ces rendered during tho additional period of time shall be computed in thc msimer set forth in Section 2 of the Agreement
8.3.3 When compc~afion is based on a percentage of Constn~clion Cost and any poffiens of the Project are deleted or otherwise not constructed, compcnsatlon for
those pofiions of the project shall be payable to the extent se~ces at~ performed on those portions, in accordance with the schedule set forth in Section 2 of the
Agreement based on (l) the lowest bona fide bid or (2) if no such bid or proposal is received, th~ most recent pralirninaty estimate of Constnlction Cost or detailed
~imate of Constmcfion Cost for such po~inns of the Project
8.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
8.4.1 Payments on account of th~ Design Professional's Additional Services ~ud for R.cimbursable Expenses shall bo made monthly within 30 days after tho
presentation to tho Ovaler of the D~ign Professional's statement of services rendered or e~cpensas incurred.
8.5 PAYMENTS WITH ~ ~:LD No deductions shall ha made from tbo Des/gn Professional's compensation on acentmt of penalty, liquidated d~ or other sums withheld
from payments to contracted, or on accotrat of thc cost of changes in the work other than thoso for wklch thc Design Professional is respond~lc.
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8.6 DESIGN PROFESSIONAL'S ACCOUNTING RECORDS Design Professional shall make available to Owner or Ownefls authorized representative records of
Reimbursable Expenses and expenses pertaining to Additional Services and services peffonued on the basis of a multiple of Direct Persounal Expense for imepectinn mad
eepying during mgnlar bueiness hours for three years after the date of the final Cer~ificale of Payment, or until any litigation related to the Project is final, whichever date is
later.
ARTICLE 9 INDEMNITY
9.1 The Design Profr.~innal shall indenmify and save and hold harmless the Owner and its officers, agents, and employees from and against any and dl liability,
claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incursud by the Owner, and including, without
limitetion, damages for bodily and personal injury, death md prop e~:y damage, resulting from the negligent acts or omissions of the Design Professional or its officers,
shareholders, agents, or employees in the performance oftbe Agreement.
9.2 Nothing herein shall be construed to create a liability to any person who is not a party to the Agreement, and nothing herein shall waive any of the parties' defenses,
both at law or equity, to any alaim, cause of aetlon, or litigntion filed by anyone not a party to the Agreement, ineIuding the defense of governmental immunity, which
defenses are hereby expressly reserved.
ARTICLE 10 INSUP, ANCE Dta~ng the perfcranancc of thc Services under the Agreement, Design Professinnal shall maintain the following insurance with an
insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating ~ith Best Rate Comers of
at least an A- or above:
10.1 Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occur~nce and not less than $1,000,000 in the aggregate,
and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate.
10.2 Automobile Liability Insur~ce with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and with property
damage limits of not less than $100,000 for each accident
10.3 Worker's Compensation/nsuranee in aecordanee with statutory requirements, and Employers' Liability Inauranee with limits of not less than $100,000 for each
accident including occupational disease.
10.4 Pr~fe~alonal Liability Insurance with limits of not less thafi $1,~J06,600 annual aggregate.
10.5 The Design Professional shall furnish insuranae certificates or insurance policies to the Owanr evidencing insurance in compliance with this Article 10 at the time
of the execution of the Agreement. The General Liability and Automobile Liability insurance policies shall name the Owner as an additional insured, the Workers'
Compensation policy shall contain a waiver of subrogation in favor of the Owner, and each poIicy shall contain a provision that such insurance shall not be eanceied or
rn~dified without thirty (30) days' prior wtittan notice to Owner and Design Professional. In such event, the Design Professinnei shall, prior to the effective date of the
change or cancellation, furnish Owner with substitute certificates of insurance meeting the requirements of this A~dcle 10.
ARTICLE I1 MISCELLANEOUS PROVISIONS
11.1 The Agreement shall be governed by the laws of the State of Texas. Venue of any suit or cause of action under the Agreement shall lie exclusivelyin Denton County,
Texas.
11.:~ The O.~mer and Design Professional, respectiveiy, bind themselves, their pamers, successors, assigns mad legal representatives to the other party to this Agreern~t and to
the partoers, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. The Design Professional shall not assign its
interests in the Agreera~t without the written consent of the Owner.
11.3 The term Agreement ~s used herein includes the executed Agreement, the Proposal, these General Conditions and other attachments referenced in Seelion 3 of the
Agreement which together represent the entire and integrated agreement between the Ov~er and Design Professional and supersedes all prior negotiations, mpresentetiona or
agreernmts, either v~fitten or oral. 'me Agreement may be amended only by walden ins~:ument signed by both Owner and Design Professional. When interpredng the
Agreement the executed Agreement, Proposal, these General Conditions and the other attachments referenced in Section 3 of the Agreement shall to the extent that is
reasonabIy possible be read so as to harmonize the provisions. However, shouId the provisions of these documents be in conflict so that they can not be reasonably harmonized,
such documents shall be given priority in the following order:
1. The executed Agreement
2. Attachments referenced in Section 3 of the Agreement other than the Proposal
3. These General Provisions
4. Thc Proposal
11.4 Nothing contained in the Agreement shall create a con,actual ~elationship with or a cause of action in favor of a third pan3, against either the Owner or Design
Profe~ional.
11.5 Upon receipt of prior written approval of O~uer, the Design Professional shall ha~e the fight to include r~presentation~ of the design of the Project, including photographs
of the exterior and interior, among the Design Professional's promotional and profe~sionsi materials. The Design Professional's materials shall not include the Owner's
confidential or pmpfietsry information if the Owner has previously advhed the De,sign Professional in writing of the specific/nformalion cons/dered by the Owner to ha confi-
dential or proprietary. The Owner shall prov/de professional credit for the Des/gn professional on the conskuction sign and in the promotional materials for the Project.
11.6 Approval by the Owner shall not constitute, nor be deemed a release of the respoualhility and liability of the Design Professional, its employees, associates, agents,
subcon~aetors, and subeonsultents for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumplion of such
respons~ility by the Owner for any defect in the design or other work prepped by the Design ~ofessinnal, ita employees, subcontractors, agents, and eonaultants.
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"'11.? ~11 notices, cormnunications, and reports required or permitted under the Agreement shall be personally delivered or mailed to the respective pirties by depositing
same th'the United' States mail to tho address shown below signature block on the Agreement, certified mail, return receipt requested, unless othervdse specified herein.
All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days after mailing.
11.8 IX' any provision of the Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the
remainder of the Agreement and shall not cause the I~mainder to be invalid or unenforceable. In such event, the parties shall reform the Agreement to replace such
strickeu provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the s~-icken provision.
11.9 The Design professional shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they
may now read or hereinafter be amended.
11.10 In performing the Services required hereunder, the Design Professional shall not discriminate against any person on the basis of race, color, religion, sex,
national origin or ancestry, age, or physical handicap.
11.11 The ceptions of the Agreement are for informational purposes only, and shall not in any way affect the substantive terms or eonditinnS of the Agreement.
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Attachment to Agreement
Proposal
to Provide
Construction Quality Assurance
Professional of Record
City of Denton Landfill
RFP No. 2862
Prepared for:
May 2002
Prepared by:
~./EMCON/OWT, Inc.
A Shaw Group Company
5701 East Loop 820 South · Fort Worth, Texas · 76119 · (817) 478-8254
EMCON/OWT, Inc.
5701 East Loop 820 South
Fort Worth, TX 76119-7051
Tel: 817/478-8254
Fax: 817/478-8874
May28,2002
Mr. Charles W. Fiedler, P.E.
Director of Engineering
City of Denton
601 E. Hickory, Suite B
Denton, TX 76205
Re:
Proposal for Professional Services
Cells 2B and 2C Construction Quality Assurance
City of Denton Landfill
Dear Mr. Fiedler:
EMCON/OWT, Inc. (EMCON) is pleased to present this proposal to provide construction
quality assurance (CQA) services for the City of Denton. This proposal has been prepared
in accordance with the City of Denton~s Request for Proposal No. 2862. We bring the
following experience and value to your project:
· EMCON provided CQA services during Ceils 2A and 2B liner construction, and
prepared the construction plans for this project. The proposed professional of
record (POR) for this project, David R. Friels, was also the POR for the previous
cell construction.
· EMCON will provide an experienced CQA team that has worked together on
numerous CQA projects over the past five years. EMCON's proposed POR has
certified over 12 million square feet of liner and cover.
As indicated in the attached proposal, EMCON is highly qualified to provide the City of
Denton with professional and cost-effective construction quality assurance services. If
you have questions or comments, please call us at (817) 478-8254.
Sincerely,
EMCON/OWT INC.
David R. Friels, P.E.
Construction Quality Assurance Manager
Client Program Manager
FNNSPROPOSAL~Y2002XDenton~.052802
CONTENTS
1
2
3
STATEMENT OF INTEREST
PROPOSAL ORGANIZATION
2.1 Name and Address of Respondent
2.2 Data and General Qualifications
2.3 Firm Profile
2.4 Description of Project Team
· 2.5 (Abbreviated) Resumes of Key Personnel
RELEVANT EXPERIENCE AND CAPABILITIES
3.1 Relevant Liner CQA Experience
3.2 SLER/GLER Submittals in Past 2 Years
3.3 Approach
3.4 Team Organization and Communication
3.5 Project Schedule
3.6 Project Deliverables
1-1
2-1
2-1
2-1
2-2
2-3
2-4
3-1
3-1
3-1
3-4
3-5
3-6
3-7
ii
I STATEMENT OF INTEREST
EMCON/OWT, Inc. (EMCON) appreciates the opportunity to submit this proposal to the
City of Denton (City) to provide Professional Construction Quality Assurance (CQA) and
Professional of Record (POR) Services for the construction of the Cells 2B and 2C at the
City of Denton Landfill. Our continuing interest in working for the City of Denton and
this project is demonstrated by our regular interactions with the landfill staff, and
numerous previous projects performed and completed for the City of Denton Landfill.
Just within the past year, EMCON completed the following cell design and CQA projects
for the City of Denton Landfill:
· Cell 2A CQA, SLER, and GLER
· Cells 2B & 2C Constmction Plans and Bid Documents
· Cell 1 Partial Final Closure Plans and Bid Documents
The same project managers and engineers that worked on the above projects will
continue to serve the City for the construction of the Cells 2B and 2C. This includes both
the POR for the previous constmction of Cell 2A (Mr. David Friels, P.E.) and the design
engineer for Cells 2B and 2C (Mr. Charles Leung, P.E.). In addition, the lead CQA
Monitor, Mr. Jason Longoria, has worked together with Mr. Friels on numerous
composite liner projects over the past five years. All the key personnel that are shown in
the proposed organization chart (see Section 2) are committed to be available for this
project in the time frame defined by the City. EMCON - Fort Worth currently has one
CQA project underway and Mr. Friels has scheduled his projects around this City of
Denton project. Mr. Longoria will complete his current project assignment in June 2002.
Due to the relatively uniform geometry of Cells 2B and 2C, and since the City's nearly-
completed excavation to the design base grades in the area, EMCON does not anticipate
significant issues from the construction. However, the construction of the underdrain and
adjacent cell tie-ins may require additional field attention and communications with the
design engineer. Given our familiarity with the design of the underdrain and tie-ins of
the past Cells 1 and 2A/B, EMCON is uniquely qualified to have both the design and
CQA engineers working together in the same office to address expeditiously any project
issues' during construction. This results in time and cost savings through avoidance of
delays from the design engineer and the CQA POR.
8mcoI1/OWT, Inc.
2 PROPOSAL ORGANIZATION
2.1NAMEAND ADDRESS OFRESPONDENT
EMCON/OWT, Inc. is the official incorporated name for EMCON. EMCON is a
subsidiary of our parent company, the Shaw Group, Inc., based in Baton Rouge,
Louisiana. Our engineering group in the Fort Worth office will perform the work for this
project. Contact information is as follows:
EMCON/OWT, Inc. (Fort Worth Office) - Mr. David Friels, P.E., 5701 East
Loop 820 South, Fort Worth, Texas 76119. Phone: (817) 478-8254, Fax: (817)
478-8874.
ML Testing will perform the geotechnical laboratory testing for the CQA portion of the
project. Contact information is as follows:
ML Testing - Mr. Mark Lankford, 5701 East Loop 820 South, Fort Worth,
Texas 76119. Phone: (817) 563-5771, Fax: (254) 823-6636. (ML Testing was
the former geotechnical laboratory for the EMCON Fort Worth office. Mr.
Lankford, a former EMCON employee, pumhased it in 2001.
2.2 DATA AND GENERAL QUALIFICATIONS
EMCON began as a solid waste consulting firm in 1971, By providing superior client
service, we expanded with each passing year to become a national firm providing
engineering, construction and operations and maintenance services for a diverse clientele
in both the public and private sectors.
The EMCON-Fort Worth office, formerly Baker-Shiflett, Inc., has been working with the
TNRCC (and predecessor agencies) and serving the solid waste industry in Texas for
over 17 years. Our engineering group has also developed designs for dozens of landfills
in Texas. These designs have included permit-level designs as well as construction plans
and specifications. Our work in all phases of landfill engineering (including during
construction) contributes to the efficiency and constructability of our designs. Our use of
current CADD technology enhances the efficiency and accuracy of our designs.
The extensive staff of our parent company, The Shaw Group, Inc., complements
EMCON's technical staff of over 400 people, across mom than 80 offices nationwide
with over 20,000 employees. With these available msoumes, we provide our customers
quality services in a wide range of disciplines. Our office in Fort Worth, Texas, has been
a key location for our professionals in solid waste services.
For over 30 years we have served our customers in solid waste permitting, design,
construction, operations and maintenance, environmental monitoring, testing, and
management. For our clients, this experience translates to extraordinary value that
reduces the costs of complying with regulations while achieving a high level of
environmental performance. Our in-depth technical resources allow us to address our
clients' needs at significant savings, not only in project costs but also in life-cycle costs.
Through our vertically integrated approach, EMCON provides clients with a menu of
services. We provide turnkey solutions from project conception through construction and
operation and maintenance (O&M). We also provide individual project components
(e.g., feasibility studies, designs, construction, O&M, monitoring). Whether we are
providing the individual components or a complete integrated approach, the client
benefits from our broad experience.
2.3 FIRM PROFILE
2.3.1 YEARS WITH FIRM OR AGE OF FIRM
The EMCON's Fort Worth office has been working with the TNRCC (and predecessor
agencies) and serving the solid waste industry in Texas for over 17 years. The office has
been prox~iding CQA for composite liners for solid waste clients in Texas since 1994. For
key project personnel, Mr. David Friels, P.E., has been with EMCON for over 12 years,
and Mr. Charles Leung, P.E., has been with EMCON for five years.
2.3.2 TYPE OF FIRM
EMCON/OWT, Inc. is the official incorporated name for EMCON. EMCON is a
subsidiary of the Shaw Group, Inc., based in Baton Rouge, Louisiana.
2.3.3 FIRM HISTORY
EMCON, founded in 1971, purchased Baker-Shiflett, Inc., approximately 10 years ago.
The IT Group purchased EMCON in 1999, and the current parent company, the Shaw
Group, Inc. purchased the IT Group in April 2002. The Fort Worth office has a history of
more than 17 years of solid waste services to the municipal and private sector. Please
refer to Section 2.2 - Data and General Qualifications for additional information.
· 2c Emcofl/OWT, InC.
2-2
2.3.4 FIRM SIZE (PROFESSIONALS BY DISCIPLINE)
The EMCON-Fort Worth office has a staff of 19 and ca~'les a multi-disciplined
professional team of civil and geotechnical engineers, CAD designers, senior geologists,
air quality/permitting engineers, planner, O&M staff, and administrative support
personnel. In addition, EMCON enjoys nationwide support of a near-400-strong
professional staff, along with thousands of professional staff from our parent company.
2.3.5 AREAS OF SPECIALTY ! CONCENTRATION
EMCON specializes in providing permitting, design, construction quality assurance,
groundwater, and landfill gas services to the solid waste industry.
2.3.6 TELEPHONE NUMBER AND FAX NUMBER
Phone 817/478-8254, Fax 817/478-8874.
2.4 DESCRIPTION OF PROJECT TEAM
2.4.1 SINGLE POINT OF CONTACT
The point of contact for the team will be Mr. David R. Friels, P.E., the team director and
CQA Professional of Record (POR).
2.4.2 KEY PERSONNEL
Project Manager and POR, David Friels, P.E.
Lead CQA Monitor - Jasson Longoria
Soils Testing - Mark Lankford (ML Testing)
Geosynthetics Testing - Rasheed Ahmed, EMCON Geosynthetics Laboratory
Assistant POR - Charles Leung, P.E.
CQA Engineer - Cannon Henry, E.I.T.
2.4.3 ORGANIZATION CHART
A proposed organization chart for the project team is presented at the end of Section 2.
2.5 (ABBREVIATED) RESUMES OF KEY PERSONNEL
In order to comply with the 20-page proposal format requirement by the City, abbreviated
resumes of the key project personnel are presented. Full resumes of the key and other
project personnel are available upon request.
David R. Friels, P.E. - Overall CQA responsibility and POR
Mr. Friels is the Construction Quality Assurance Group Manager and has mom than
30 years experience in the areas of geotechnical and materials engineering. He joined
Baker-Shiflett, Inc. (EMCON) in 1989 as Construction Materials Manager. He has
managed CQA and prepared certification reports for over 12 million square feet of liner
and cover systems since 1994. He is experienced in preparation Soils and Liner Quality
Control Plans and Geotechnical attachments for Solid Waste Permit documents. Mr.
Friels assisted in the preparation of Denton's SLQCP, Cell 2B and 2C Construction Plans
and Specifications, and was Construction Manager/POR for the Cell 2A and 2B
construction. Mr. Friels' geotechnical engineering experience includes planning and
directing field exploration and sampling, laboratory testing, analysis of data, and
preparation of engineering reports for a wide variety of municipal, commercial, and
industrial projects. He is a licensed professional engineer in Texas and several other
states and has a Bachelors and Masters degree in Civil/Geotechnical Engineering from
Oklahoma State University.
Jasson Longoria - Lead CQA Monitor responsible for site CQA activities
Mr. Longoria has provided construction monitoring, testing, and documentation for
landfill construction projects involving soil and geosynthetic liners for more than seven
years. He joined EMCON in 1998 as a field CQA monitor. Prior to working for
EMCON, he worked for Poly-Flex, Inc., as a quality assurance officer and an installation
superintendent. His experience over the past seven years has involved QA/QC
monitoring during installation of millions of square feet of liner across the country. His
responsibilities have also included material management, oversight of production and
schedule, coordination between construction management and construction site
personnel, as well as quality control testing in the laboratory. His experience in CQA
also includes landfill gas extraction systems, observation of backfill placement, direction
of and documentation of drilling.
Mark Lankford - Responsible for Soils Laboratory Testing for this project
Mr. Lankford has over'13 years of geotechnical materials laboratory testing experience.
He has been responsible for providing the soil laboratory testing for all of Fort Worth -
EMCON's landfill liner projects. He is a NICET Level IV Engineering Technician. Mr.
Lankford founded ML Testing in 2001 when he purchased EMCON's geotechnical
laboratory. Prior to that time he had been employed by EMCON (Baker-Shiflett) for
over 13 years.
.:~RO~OS~2®2,D~.~O.'C~'~2B ~2C CQA~o,'O~..o.~'~2C~,0~0~."o~ EffiCOfl/OWT, lAC.
2-4
Rasheed Ahmed, Director of EMCON's Geosynthetics Laboratory - Responsible for
geosyntheties testing for the.project
Mr. Ahmed has been Director of EMCON's geosynthetics laboratory and is a graduate
engineer with over five years of materials engineering and testing experience. The
laboratory is accredited by AASHTO and GAl-LAP (the Geosynthetic Accreditation
Institute - Laboratory Accreditation Program).
Charles Leung, P.E. - Assistant POR responsible of peer review of engineering for
the project
Mr. Leung is manager of the Engineering Group for Fort Worth and has over 15 years of
solid waste experience that involved mom than 250 solid waste and landfill projects. He
is engineer of record for the Denton Cell 2B and 2C construction plans and specifications
and has been POR for several landfill cell and final cover construction projects in the Mid
West. The majority of his experience has been in landfill engineering and solid waste
management functions. A variety of solid waste work performed includes site
evaluations for solid waste facilities, engineering design and analyses, landfill gas design
and construction, construction quality assurance of solid waste facilities, and evaluation
of solid waste management options and planning. Mr. Leung is a licensed professional
engineer in Texas and several other states and has a Bachelors and Masters degree in
Civil/Geotechnical Engineering from the University of Texas at Arlington.
Cannon Henry, E.I.T. - Responsible for assembling and quality review of data
Since joining EMCON in 1998 Mr. Henry has worked in the areas of solid waste
permitting, design, and construction quality assurance. He provided some of the site
inspections during construction of Denton's Cell 2A and 2B liner and assisted in
preparation of the liner reports. He has prepared permits and permit modifications,
developed construction plans, specifications, bid documents, and assisted in pre-
construction and construction activities for many projects in Texas. His recent
experience has been focused on the preparation of permits and construction plans and
specifications for industrial and municipal solid waste sites. He provides engineering
support for a variety of projects including landfill gas services, landfill design,
construction assurance and quality control, and storm water management. Mr. Henry
also provides design support for leachate collection and recovery systems, permit and
construction details, and other aspects of landfill design. He has worked extensively on
the City of Arlington landfill projects. Mr. Henry has a Bachelor's degree in Civil
Engineering from the University Texas at Arlington with emphasis in Environmental
Engineering.
2-5
Project Organization Chart
Denton Landfill
Cells 2B & 2C Construction
CQA Project Team
City of Denton /
J
Project Manager
Charles Fiedler, PE
Landfill Manager
David Dugger
Data Compilation
and Review
Cannon Henry, EIT
Professional of Record
David Friels, PE
Assistant Professional
of Record
Charles Leung, PE
eosynthetlcs Laboratoryi
Rasheed Ahmed J
ML Testing
Soils Laboratory
Mark Lankford
Lead CQA Monitor
Jasson Longoria
I
I Assistant CQA Monitors
(As Required)
[CON/OWT, INC.
3 RELEVANT EXPERIENCE AND CAPABILITIES
3.1 RELEVANT LINER CQA EXPERIENCE
EMCON has been providing CQA for composite landfill liners and covers in Texas since
1994 from its Fort Worth office. Mr. Friels, EMCON's POR, has been group manager
for over two years and during that time he was responsible for the CQA activities
conducted from EMCON-Fort Worth. He has been responsible for preparation of all of
the certification reports since January 2000, and has prepared certification reports for
over 12 million square feet of liner and cover during the past eight years.
The basic CQA team as proposed includes Mr. David Friels, P.E. (POR), Mr. Jasson
Longoria (CQA monitor), and the laboratories. Mr. Longoria was first employed by
EMCON in 1998 and has been the CQA monitor on a number of projects that Mr. Friels
was POR. Mr. Mark Lankford, ML Testing, has provided soil testing for all of the CQA
projects managed from Fort Worth. EMCON's geosynthetics laboratory has provided
geosynthetics testing for all of EMCON's projects for the past two years.
3.2 SLER/GLER SUBMITTALS IN PAST 2 YEARS
City of Denton Landfill (completed in May 2001)
Composite liner for Cell 2A is approximately 13 acres and consists of a hydrostatic
pressure relief system, compacted clay liner, a geomembrane liner, and a leachate
collection system. The liner was constructed in two sections, requiring two SLERs and
GLERs.
EMCON was the prime professional and provided complete CQA services (site
inspection, POR, and SLER/GLER) as well as cell design. The CQA team for this
project included the proposed team except Tommy Thompson was the CQA monitor.
Client reference: David Dugger, Landfill Manager, (940) 349-7512.
C&T Landf'fll, Hidalgo County (completed in May 2002)
Composite liner approximately 4.9 acres consisting of a hydrostatic pressure relief
system, geosynthetic clay liner (GCL), geomembrane liner, and a leachate collection
system.
EmCOn/OWT, INC.
EMCON was the prime professional and provided complete CQA services (site
inspection, POR, and certification report) as well as cell design. The CQA team for the
C&T project is the same team that is proposed for Denton Landfill Cells 2B and 2C.
Client Reference: Santiago Morado, Landfill Manager, (956) 383-7398.
City of Beaumont Landfill (completed in February 2002)
Composite liner approximately 19 acres consisting of a hydrostatic pressure relief system,
a compacted clay liner, a geomemhrane liner, and a leachate collection system. The liner
was constructed in two sections, requiring two SLERs and GLERs.
EMCON prepared the construction documents and was the prime professional and
provided management of CQA activities, the assistant CQA monitor, and prepared the
SLERs and GLERs. T&N Laboratories provided the CQA Engineer site inspections and
lead CQA monitor as well as some of the laboratory testing through a sub contract. The
CQA team for this project included Friels as POR, ML Testing, and EMCON's
geosynthetic laboratory (as proposed for Denton's project). Adrian Williams was
EMCON's assistant CQA monitor.
Client reference: John Labrie, Clean Community Department Director, (409) 842-1483.
Maloy Landfill, Hunt County (completed in January 2002)
Composite liner approximately 5 acres consisting of a compacted clay liner, a
geomembrane liner, and a leachate collection system.
EMCON was the prime professional and provided complete CQA services (site
inspection, POR, and SLER/GLER) as well as cell design. The CQA team for this
project included the proposed team except Tommy Thompson was the CQA monitor.
Client Reference: Lanny Caffey, General Manager, (903) 886-7832.
Turkey Creek Landfill, Johnson County (completed in September 2001)
Composite liner approximately 9 acres consisting of a compacted clay liner, a
geomemhrane liner, and a leachate collection system.
EMCON was the prime professional and provided complete CQA services (site
inspection, POR, and SLER/GLER) as well as cell design. The CQA team for this
project included the same team proposed for Denton's project except Tommy Thompson
was the CQA monitor.
Client reference: Matt Henry, Environmental Manager, (972) 436-4217.
EmcoI1/OWT, IflC.
Camelot Landfill, Lewisville, Texas (completed December 2000)
Composite liner approximately 17 acres consisting of a hydrostatic pressure relief system,
compacted clay liner, a geomembrane liner, and a leachate collection system.
EMCON was the prime professional and provided complete CQA services (site
inspection, POR, and SLEPJGLER) as well as cell design. The CQA team for this
project included the same team proposed.for Denton's project.
In addition to the normal liner CQA services, EMCON provided coordination with
TNRCC and documentation of liner and cover repairs that were required due to a fire in
the tire chip drainage layer (final approval in August 2001).
Client reference: Matt Henry, Environmental Manager, (972) 436-4217.
B&B Landf'dl, Paris - Lamar County (completed in November 2000)
Composite liner for Cell 1E approximately 4.1 acres consisting of a compacted clay liner,
a geomembrane liner, and a leachate collection system.
EMCON was the prime professional and provided complete CQA services (site
inspection, POR, and SLER/GLER) as well as cell design. The CQA team for this
project included the same team proposed for Denton's project except Tommy Thompson
was the CQA monitor.
Client reference: Waiter Hunt, Divisional Engineering Manager, (972) 842-5710.
BFI Abilene Regional Landfill, Jones County (completed in August 2000)
An alternate composite liner approximately 8 acres consisting of a compacted subgrade, a
geomembrane liner, and a leachate collection system.
EMCON was the prime professional and provided complete CQA services (site
inspection, POR, and certification report). The CQA team for this project included the
proposed team plus an additional CQA monitor.
Client reference: Matt Henry, Environmental Manager, (972) 436-4217
Turkey Creek Landfill, Johnson County (completed in June 2000)
Composite liner for Sector 3A approximately 9.8 acres consisting of a compacted clay
liner, a geomembrane liner, and a leachate collection system.
EMCON was the prime professional and provided complete CQA services (site
inspection, POR, and SLEPdGLER) as well as cell design. The CQA team for this
project included the same team proposed for Denton's project except Tommy Thompson
was the CQA monitor.
Emcofl/OWT, Inc.
· Client reference: Matt Henry, Environmental Manager, (972) 436-4217.
C&T Landfill, Hidalgo County (completed in September 2000)
Composite liner for Sector F approximately 4.7 acres consisting of a hydrostatic pressure
relief system, a geosynthetic clay liner (GCL), a geomembrane liner, and a leachate
collection system.
EMCON was the prime professional and provided complete CQA services (site
inspection, POR, and certification report) as well as cell design. The CQA team for this
project is the same team that is proposed fqr Denton's project.
Client Reference: Santiago Morado, Landfill Manager, (956) 383-7398.
CSC Landf'fll, Ellis' County (completed in July 2000)
Composite liner for Sector lB approximately 2.6 acres consisting of a compacted clay
liner (3 feet), a geomembrane liner, and a leachate collection system.
EMCON was the .prime professional and provided complete CQA services (site
inspection, POR, and certification report) as well as cell design. The CQA team for this
project is the same team that is proposed for Denton's. project.
Client reference: Bobby Vickery, General Manager, (800) 256-9278.
3.3 APPROACH
EMCON proposes to complete this project using an experienced project team that has
worked together on the previous Cells 2A and 2B construction at the City of Denton
Landfill and numerous projects of a similar nature. EMCON will give this project top
priority. We wilt give City's interest and permit requirements top consideration, and at
the same time, will work with the contractor using a team approach to achieve a
completed liner that has been constructed efficiently and that meets the requirements of
the project documents and TNRCC.
The SLER and GLER reports will be submitted to the TNRCC in a timely manner with
the goal of obtaining approval with no comments. About 75 percent of the 23 SLERs and
GLERs submitted by EMCON in the past two years received no comments from the
TNRCC, demonstrating the thoroughness and high professional quality of our CQA
submittals.
3.3.1 CONSIDERATIONS
· Provide a team that has worked together and is experienced in liner CQA at the
City of Denton Landfill and in Texas.
:mcofl/OWT, InC.
Conduct inspections, review submittals, and perform material testing consistent
with the requirements of the permit SLQCP.
Verify that materials and construction conform to plans and specifications and
notify the City and Contractor of any discrepancies that are not corrected
immediately.
Provide internal reviews and quality control checks of CQA procedures and
data.
3.3.2 CHALLENGES
Coordinate CQA activities with the contractor so that all necessary tests and
inspections are completed without unnecessary interruption to the contractors
work.
· Provide results of tests and inspections to the contractor (and City if desired) in
a timely manner.
· Identify problems in a timely manner to correct them as efficiently as
practicable.
3.4 TEAM. ORGANIZATION AND COMMUNICATION
3.4.1 RESPONSIBILITIES AND COMMUNICATION
The CQA team will be directed by Mr. David R. Friels, P.E., the POR, who will
have overall CQA technical and management responsibility and be responsible
for preparation of the'CQA reports (SLER and GLER). The POR will conduct
periodic site visits and perform engineering inspections of the liner construction,
as well as review field CQA activities. It is anticipated that approximately 35
percent of the POR's time will he devoted to this project including site visits,
coordination, review of test results and report preparation.
The lead CQA monitor will work under the direction of, and report to, the POR.
He will be responsible for all quality assurance liner sampling, testing, and
inspection. He will coordinate directly with the laboratories and the contractor's
superintendent and will supervise any additional field monitors that may be
required. He will be responsible for communicating results of inspections and
field and laboratory tests directly to the superintendent in a timely manner. The
CQA monitor will be on site full time during all liner construction, which will
result in 100 percent of his work effort being devoted to the project until
protective cover is complete.
EffiCON/OWT, Inc.
Laboratories will receive all samples and test instructions from the CQA
monitor and will transmit test results directly to the CQA monitor with
information copies to the POR. Based on present work loads, ML Testing will
allocate approximately 50 percent of his work effort during soil liner
construction, and EMCON's geosynthetics laboratory will allocate
approximately 20 to 25 percent of its time to this project during the
geomembrane installation. Bqth laboratories, however, will give this project the
necessary priority to produce test results in a timely manner. Typically, tests of
soil samples will be complete within three to five days, and seam test results
will be faxed to the site the day following sampling.
The project CQA engineer working under the direction of the POR Will
assemble data for the reports and assist with report preparation. He will provide
quality control of EMCON's CQA field data. He will be the second line of
defense (behind the. CQA monitor) in identifying test results and field
observations that either may be inconsistent or do not meet the requirements of
the SLQCP. Approximately t0 to 15 percent of the stuff engineer's time will be
allocated to this project. However, his time allocation will increase to
approximately 85 percent during one week at completion of the soils liner and
two weeks after completion of the geomembrane liner for final data assimilation
and quality reviews.
The assistant POR, Charles Leung, P.E., Will be responsible for engineering
review of the CQA reports (SLER and GLER) and will serve as a backup to the
POR. The assistant POR is the engineer of record for the cell plans and
specifications. He will review the plans and specifications with the project team
to reduce the potential of a misunderstanding. Additionally, he will be available
to address technical questions regarding the design. His time allocation for this
project will be about five percent overall.
3.4.2 QUALITY CONTROL
An important part of the CQA service is our internal quality review of the technical data
that will be included in the liner reports (SLER and GLER). The CQA engineer, Cannon
Henry, will assist with report assembly and provide a detail quality review of the
technical data. Mr. Henry will also is available to assist with field monitoring during
geosynthetics installation. Charles Leung, P.E., the Fort Worth Engineering Manager,
has prepared numerous liner certification reports and will provide the CQA engineering
quality review.
3.5 PROJECT SCHEDULE
A projected schedule has been prepared based on the contractor's receiving a notice to
proceed on June 19, 2002, and the work being substantially complete not later than
November 15, 2002. The duration shown on the schedule for those tasks performed by
Emcon/owT, Inc.
the contractor have been based on previous experiences with similar liner projects. The
projected schedule is presented at the end of Section 3.
It is anticipated that the contractor will mobilize and commence work on the cell
excavation and subgrade preparation on June 24. EMCON's CQA monitor will mobilize
after cell excavation is complete and subgrade preparation has commenced. The CQA
monitor will observe and evaluate the prepared subgrade and inspect the underdrain
installation. He should be on site full time commencing with the underdrain c0nstmction
through the protective cover completion (unless there is a break in the liner work). ML
Testing, the soils laboratory, has over 15 permeameters; therefore, the hydraulic
conductivity tests should be completed as the soil liner work progresses and tests for the
final lift should be complete within approximately five days after the samples are
obtained.
EMCON will begin work on the Soils Liner Evaluation Report (SLER) after work
commences on the soil liner, and a draft of the report will be provided to the City for
review within two weeks after the clay liner is completed. Preparation of the
Geomembrane Liner Evaluation Report (GLER) will begin shortly after work on the
geomembrane liner commences, and the draft GLER will be complete approximately two
weeks after completion of the protective cover. Typically, TNRCC will take 14 days to
review the SLER and GLER. If necessary for the City's schedule, the reports can
generally be complete within one week after the soil liner (protective cover) is complete.
3.6 PROJECT DELIVERABLES
3.6.1 DELIVERABLES REQUIRED BY TNRCC
EMCON will prepare a SLER and the GLER. These reports will be prepared for
submittal to the TNRCC to certify the liner construction and obtain the TNRCC's
permission for the City to place waste in the new cell.
A SLER will be prepared in accordance with the requirements of TNRCC to
document the construction of the soil liner. The report will include TNRCC's
SLER form, a narrative, as-built drawings, the liner survey, soil field and
laboratory test results, documentation of the underdrain, and liner hydrostatic
pressure uplift calculations. A report draft will be sent to the City for review
within two weeks of completion of the soil liner. The report will be transmitted
to the TNRCC after comments from the City are addressed.
A GLER will be prepared in accordance with the requirements of TNRCC to
document the installation of the geomembrane liner and leachate collection
system. The GLER will include the GLER form, a narrative, as-build drawings
and surveys, geosynthetics certifications, quality assurance test results for
geosynthetics and aggregates, forms documenting the liner installation, and
destructive test results of seam samples. A draft report will be sent to the City
EMCON/OWT, INC.
for review within two weeks of completion of the protective cover. The report
will be transmitted to the TNRCC after comments from the City are addressed.
3.6.2 COORDINATION OF DELIVERABLES
Biweekly project updates will be prepared by the POR and faxed to Denton's
project engineer, landfill manager, and the contractor. The updates will address
relevant CQA activities and problems. A budget update will be included with
the copies to the City.
Copies of material conformance tests will be provided to the contractor and City
(if desired) after the POR or assistant POR has reviewed the results. Typically,
the results will be attached to the project updates. However, if problems are
detected, the results will be faxed or hand delivered to the contractor and project
engineer.
8mCOfl/OWT, Inc.
z- ~.. I'-~
~ 2'~'"~
I'
¢
~ -
~0~
EMCON'
From-IT/EMCON
Construction Quality Assurance
Cos~ Estimate
Cells 2B and 2C
Denton, Landfill
T-Eg5
P.OOZ/O05
F-OgZ
5130/02
Dircc~ Esfimamd
Task Description Hmu-s ' Labor Laboratory
Expense Total Cost
1 Field Observations 1156 $ 54,340 $9,420 $ 63,760
2 Lab Testing $14,639.50 $ 14,640
3 Site Visit/Coord. 266 $ 27,942 $1,140 $ 29,082
4 SLIS1UGLER 131 $ 9,882 $200 $ 10,082
Additional
$
Se, vices 0 $ S0 $ -
Estimated Tmal
Cost 1,5~3 $ 92,]64 $ 10,760 $ ~17~64
Estimated Consmmtion Schedule:
Subgrade Preparation and Underdrain
Clay finer
Oeomembrane liner
O¢ocomposite
LCS Trenches and Protective Cover
Days
12
24
18
6
24
84
The above costs are based on ~he CQA monitor required on site 84 days, Ir is assumed the
Liner construction will take approx/matoly 14 weeks with 6 working days per week (avg.).
Testing is based on appmximat=ly i3 acres of liner with each ~ of clay constructed
monolithically (m;nlmlzing the number oftasts per lifO.
Denton2002cqaest~xh
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