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2000-351NOTE First Amendment to Agreement (Ordinance No 2001-187~ ORDINANCE NO gOf&& 7 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH EMCON, A TEXAS CORPORATION, FOR ENGINEERING SERVICES PERTAINING TO CONSTRUCTION MANAGEMENT AND TESTING SERVICES DURING THE CONSTRUCTION PHASE OF THE EXPANSION OF CITY OF DENTON LANDFILL CELLS 2A AND 2B, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council deems it in the public interest to engage EMCON, a Texas Corporation ("EMCON"), to provide professional engmeenng services to the City pertalmng to the construction management and testing services dunng the construction phase for the expanslonlof City of Denton Landfill Cells 2A and 2B, and WHEREAS, the City staff has reported to the C~ty Council that there is a substantial need for the above-described profesmonal services, and that limited City staff cannot adequately perform the services and tasks w~th 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 quahficataons, and for a fmr and reasonable price, and WHEREAS, the City Council has provided m the City Budget for the appropriation of funds to be used for the purchase of the professional services, as set forth in the Professional Services Agreement, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAiNS ~ That the City Manager is hereby authonzed to execute a Professional Services Agreement with EMCON, a Texas Corporation, of Fort Worth, Texas, for professional engmeenng services pertmmng to the construction management and testing services dunng the construction phase for the expansion of the C~ty of Denton Landfill Cells 2A and 2B, in substantially the form of the Professional Services Agreement attached hereto and incorporated herewith by reference ~ That the award of this Agreement by the City is on the basis of the demonstrated competence, knowledge, and qualifications of EMCON and the ability of EMCON to perform the profesmonal services needed by the City for a fair and reasonable price SECTION 3 That the expenditure of funds as provided in the attached Professional ServlceslAgreement m hereby authorized ~ That th~s ordinance shall become effective ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED this the ~/~dayof ~ ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Documonts\Ord~nances\00\EMCON PSA - Landfill 2A+2B Ord doc STATE OF TEXAS § COUNTY OF DENTON § PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES PERTAINING TO THE CONSTRUCTION MANAGEMENT AND TESTiNG SERVICES DURING THE CONSTRUCTION PHASE FOR THE CITY OF DENTON, TEXAS LANDFILL EXPANSION OF CELLS 2A AND 2B u~HIS AGREEMENT is made and entered into as of the ~ff--/g day of .,O~__gpT.g~M.../ , 2000, by and between the City of Denton, Texas, a Texas Mu~clp~ Corpoi'atlon, with its principal offices at 215 East McKmney Street, Denton, Texas 76201 (hereat~er "OWNER") and EMCON, a Texas Corporation, with as offices at 5701 East Loop 820 South, Fort Worth, Texas 76119 (hereafter "CONSULTANT"), the parties acting hereto, by and through their duly-authorized representatives and officers WlTNESSETH, that m conslderataon of the covenants and agreements herein contmned, the pames hereto do mutually AGREE as follows ARTICI.E t EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services herein in connection wath the Project as stated in the Amcles to follow, with chhgence and m accordance with the professional standards customarily obtained for such serwees m the State of Texas The professional services set forth herein are m connection v, nth the following described project (the "Project") Professional engmeenng services pertmnmg to the construction management and tesUng servmes dunng the construction phase for the expansion of the City of Denton Landfill Cells 2A and 2B (EMCON Project No 803321) ARTTCT.F. TI SCOPE OF SERVICES The CONSULTANT shall perform the following Basic Services in a professional manner A To perform those professional services as set forth m the "Scope of Work and Cost Estimate for Construction Phase Services, Phase 2 Liner Construction, City of Denton Landfill, Denton County, Texas," prepared by CONSULTANT for OWNER in June 2000, winch document is attached hereto as Exlublt "A,' and is incorporated herein by reference, winch document is comprised of eleven sections 1 Introductton [page 1-1], 2 Scope of Services [pages 2-1 through 24], 3 Project Orgarazatlon [page 3-1], 4 ProJected Schedule [page 4-1], s,o.~.~m~,~co~,~.,~^ ~.~,,c.,,.,^~ Page 1 of 10 5 Proposal Assumptions [page 5-1], 6 Adthtlonal Services [page 6-1], 7 Estnnated Budget [page 7-1], 8 Appendix A 9 Appendix B 10 Appenrhx C 11 Appendix D B If there m any conflmt between the terms of tins Agreement and Exinb~t "A" attached to tins Agreement, the terms and concht~ons of tins Agreement shall control over the terms and cond~ttons of the Exlub~t AR TIC, T,F, TH ADDITIONAL SERVICES Any adchttonal services to be performed by the CONSULTANT, ~f authorized by the OWNER, winch are not included as Bamc Servmes ~n the above-described Scope of Sermces, set forth as provided by Artmle II above, shall be later agreed*upon by OWNER and CONSULTANT, who shall determine, m writing, the scope of such additional services, the amount of compensation for such additional services, and other essential terms pertalmng to the prowmon of such additional servmes by the CONSULTANT OWNER and CONSULTANT have agreed that those servmes hsted at page 6-1 of Exinb~t "A" attached hereto are "Adchtlonal Services," that ~s, services winch CONSULTANT and OWNER may conmder as tins engagement progresses ARTTCT,E TV PERIOD OF SERVICE This Agreement shall become effective upon execution by the OWNER and the CONSLrLTANT and upon the issuance of a not,ce to proceed by the OWNER, and shall remmn m force for the period wluch may reasonably be reqmred for the completion of the ProJect, ~nclud~ng Addmonal Servlcas, ff any, and any reqmred extenmons approved by the OWNER Tins Agreement may be sooner terminated m accordance w~th the prov~mons hereof T~me ~s of the essence ~n tins Agreement CONSULTANT shall make all reasonable efforts to complete the servmes set forth hereto as expeditiously as posmble and to meet the schedule reasonably estabhshed by the OWNER, acting through ~ts Asmstant C~ty Manager of Ut~hties, or lus demgnee AR TTC, T ,~ V COMPENSATION A COMPENSATION TERMS 1 "Subcontract Expense" m defined as those expenses, if any, incurred by CONSULTANT in the employment of others m outrode firms, for servmes m the area of professional englneemng, or related servmes Any subcontractor or subconsultant b]lhng reasonably recurred by the CONSULTANT m connection with the Project shall be mvomed to OVgNER at the actual cost 2 "Dtrect Non-Labor Expense" is defined as that expense, based upon actual cost, for any s ,our ~un,,~o~Mco~ ~.~ ~. ,~^ ~.~,~ c~]].~ ~ ~ Page 2 of 10 out-of-pocket expense reasonably incurred by the CONSULTANT in the performance of tins Agreement, for long distance telephone charges, telecopy charges, messenger services, printing and reproduction expenses, out-of-pocket expenses for purchased computer t~me, prudently recurred travel expenses related to the work on the Project, and slnular mmdental expenses recurred m connection w~th the ProJect B BILLING AND PAYMENT For and ~n conmderat~on of the pmfesslonal serwces to be performed by the CONSULTANT hereto, the OWNER agrees to pay CONSULTANT, based upon the sattsfactory completmn of the Basic Services tasks set forth in the Scope of Servmes as shown ~n Article 1I above, as follows 1 CONSULTANT shall perform its work on th~s ProJect ~n accordance w~th the provisions and the five (5) tasks more particularly set forth on pages 2-1 through 2-7 mclus~ve, of Exhtblt "A' attached hereto and incorporated herewith by reference CONSULTANT shall perform the smd professional services substantially ~n accordance w~th the "ProJect Schedule" set forth on page 4-1 of Extub~t "A" CONSULTANT shall be paid for services rendered pursuant to the Agreement on the basis set forth ~n the "ProJect Budget" set forth on page 7-1 of Exlublt "A." billed monthly CONSULTANT shall bill fi.om time sheets, at the hourly rates provided for m the "ProJect Budget" OWNER agrees to pay to CONSULTANT for ~ts professional servmes performed, and for its out-of pocket expenses ~ncurred m the Project, a total mount not to exceed $119,715 00 2 Partial payments to the CONSULTANT wall be made monthly ~n accordance with the statements reflecting the actual completion of the Basle Servmes, rendered to and approved by the OWNER through ~ts Assistant City Manager for Utltmes or lus designee However, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement ~s rendered The OWNER may withhold the final ten (t 0%) percent of the above not-to-exceed amount until satisfactory completion of the Project by the CONSULTANT 3 Nothing contained m this Article shall reqmre the OWNER to pay for any work wluch ~s unsatasfactory as reasonably determined by the Assistant C~ty Manager for Utlhtles or tus designee, or wluch is not submitted by CONSULTANT to the OWNER ~n comphance with the terms of ttus Agreement The OWNER shall not be reqmred to make any payments to the CONSULTANT at any tune when the CONSULTANT ~s in default under thts Agreement 4 It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement Much would require additional payments by the OWNER for any charge, expense or reimbursement above the not-to-exceed amount as stated heremabove, without first having obtained the prior written authonzatlon fi.om the OWNER CONSULTANT shall not proceed to perform any servmes to be later provided for under Article I/I "Adchtlonal Services" without first obtaining prior written authorization fi.om the OWNER C ADDITIONAL SERVICES For additional servmes authorized m writing by the OWNER Sx~urD~ment~Co~l~r~t~BMl~ON~SrSve,~agA I~IiIlICeII, 2A~B~ Page 3 of 10 m Artmle III heremabove, CONSULTANT shall be paid based on a to-be-agreed-upon Schedule of Charges Payments for additional services shall be due and payable upon submission by the CONSULTANT, and shall be in accordance with Article V B heremabove Statements for Basic Services and any addltmnal services shall be submitted to OWNER no more frequently than once monthly D PAYMENT If the OWNER falls to make payments due the CONSULTANT for services and expenses within SlXty (60) days after receipt of the CONSULTANT'S undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1%) per month from and after the said slxtaeth (60th) day, and in addttaon, thereafter, the CONSULTANT may, after giving ten (10) days written notice to the OWNER, suspend services under ttus Agreement untal the CONSULTANT has been paid in full for all amounts then due and owing, and not disputed by OWNER, for services, expenses and charges Promded, however, nothing herein shall reqmre the OWNER to pay the late charge of one percent (1%) per month as set forth herein, if the OWNER reasonably determines that the CONSULTANT's work is unsatisfactory, in accordance with Artmle V B of this Agreement, and OWNER has notified CONSULTANT of that fact in writing ARTTCI ,R VT OBSERVATION AND REVIEW OF THE wORK The CONSULTANT will exercise reasonable care and due dlhgence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or any of its subcontractors or subconsultants AllTTC. I .F. VII OWNERSHIP OF DOCUMENTS All documents prepared or furmshed by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to tlus Agreement are instruments of service and shall become the property of the OWNER upon the termination of this Agreement The CONSULTANT is entitled to retain eop~es of all such documents The documents prepared and furmshed by the CONSULTANT are intended only to be apphcable to ttus project and OWNER's use of thcs0 documents in other projects shall be at OWNER's sole risk and expense In the event the OWNER uses the Agreement m another project or for other purposes than specified herein any of the mfolmatton or materials developed pursuant to tbas agreement, CONSULTANT is released fi:om any and all hab~l~ty relating to their use in that project ARTTC. I .R VIII INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an mdependent contractor, not as an employee of the OWNER CONSLTLTANT shall not have or clatrn any right arising fi:om employee status ARTTCT,I~. TX INDEMNITY AGREEMENT The CONSULTANT shall mdemmfy and save and hold harmless the OWNER and ~ts officials, officers, agents, attorneys and employees from and against any and all habfl~ty, clmms, demands, damages, losses and expenses, ~nclu&ng but not hm~ted to court costs and reasonable attorney fees recurred by the OWNER, and mclu&ng w~thout hm~tat~on damages for bodily and personal ~n3ury, death, or property damage, resulUng from the neghgent acts or omissions of the CONSULTANT or ~ts officers, shareholders, agents, attorneys and employees ~n the execution, operation, or performance of th~s Agreement Nothing m thas Agreement shall be construed to create a habthty to any person who ~s not a party to tins Agreement and nothing hereto shall wmve any of the party's defenses, both at law or eqmty, to any clmm, cause of action or ht~gat~on filed by anyone not a party to tins Agreement, ~nclu&ng the defense of governmental ~mmumty, wbach defenses are hereby expressly reserved ARTTCT.~ X INSURANCE Dunng the performance of the Services under th~s Agreement, CONSULTANT shall mmntam the following insurance w~th an insurance company hcensed to do bus~ness m the State of Texas by the State Insurance Board or any successor agency, that has a rating w~th A M Best Rate Careers of at least an "A-" or above A Comprehensive General Lmbthty Insurance wah bodily injury hrmts of not less than $500,000 for each occurrence and not less than $500,000 ~n the aggregate, and w~th property damage hrmts of not less than $100,000 for each occurrence and not less than $100,000 m the aggregate B Automobile Lmbfl~ty Insurance with bodily injury hm~ts of not less than $500,000 for each person and not less than $500,000 for each accident and w~th property damage hm~ts for not less than $100,000 for each accident C Worker's Compensation Insurance m accordance w~th statutory reqmrements and Employer's Liability Insurance w~th Invats of not less than $100,000 for each accident D Professional Lmbfl~ty Insurance w~th lmuts of not less than $1,000,000 annual aggregate E CONSULTANT shall furmsh insurance certificates or ~nsurance pohc~es at the OWNER's request to ewdence such coverages The insurance pohc~es shall name the OWNER as an ad&t~onal insured on all such pohc~es to the extent that ~s legally possible, and shall contam a provmon that such insurance shall not be cancelled or mo&fled w~thout thmy (30) days prior written not,ce to OWNER and CONSULTANT In such event, the CONSULTANT shall, prior to the effective date of the change or cancellatton of coverage, dehver cop~es of any such substitute pohc~es, furmsbang at least the same pohcy lnmts and coverage, to OWNER AR~TCT J~, XT ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under t!us Agreement by submitting the dispute to arintration or other means of alternate thspute resolution such as merhatlon No arbitration or alternate d~spute resolution ansmg out of or r¢lattng to, tins Agreement ~nvolwng one party's d~sagreement may mcinde the other party to the chsagreement without the other's approval ARTTC~T ,F~ TERMINATION OF AGREEMENT A Notwithstanding any other provision of tb2s Agreement, e~ther party may terminate tins Agreement by prowdmg thn'ty- (30) days ~lvance written notice to the other party B Tins Agreement may also be terminated m whole or in part ~n the event of either party substantially fmhng to fulfill its obhgatlons under tins Agreement No such terrmnatlon will be effected unless the other party ~s g~ven (1) written notice (dehvered by certified mml, remm receipt requested) of mtent to terminate and setting forth the reasons spemfymg the nonperformance or other reason(s), and not less than tinrty (30) calendar days to cure the fmlure, and (2) an opportumty for consultation w~th the terminating party prior to termination C If the Agreement m terminated prior to completmn of the services to be provided hereunder, CONSULTANT shall ~mmed~ately cease all servmes upon receipt of the written nonce of tenmnat~on from OWNER, and shall render a final bill for services to the OWNER w~tinn twenty (20) days after the date of terrmnation The OWNER shall pay CONSULTANT for all servtces properly rendered and satisfactorily performed, and for reimbursable expenses prior to notme of termination bemg received by CONSULTANT, in accordance with Amcle V of tins Agreement Should the OWNER subsequently contract w~th a new consultant for the contmuataon of sermces on the ProJect, CONSULTANT shall cooperate ~n prowd~ng mformat~on to the OWNER and to the new consultant If apphcable, OWNER shall allow CONSULTANT a reasonable tune to transition and to mm over the ProJect to a new consultant CONSULTANT shall turn over all documents prepared or furmshed by CONSULTANT pursuant to tins Agreement to the OWNER on or before the date of termmatton, but may maintain cop~es of such documents for its files ARTICT,F, XITT RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval of the work by the OWNER shall not constitute nor be deemed a release of the responslb~hty and habfl~ty of the CONSULTANT, ~ts officers, employees, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work performed pursuant to tins Agreement, nor shall such approval by the OWNER be deemed as an assumption of such respons~inhty by the OWNER for any defect ~n the desxgn or other work prepared by the CONSULTANT, its pnnmpals, officers, employees, agents, subcontractors, and subconsultants ARTT~T,~ ~ NOTICES All notices, commumcatlons, and reports reqmred or permitted under tins Agreement shall be personally delivered to, or telecop~ed to, or mailed to the respective parties by depositing same in the Umted States mml at the addresses shown below, postage prepaid, certified mml, return receipt requested, unless otherwise specified hereto To CONSULTANT To OWNER EMCON C~ty of Denton, Texas Jeffrey P Young, Regional Engineering Manager c/o Michael W Jez, City Manager 5701 East Loop 820 South 215 East Mclrdnney Fort Worth, Texas 76119 Denton, Texas 76201 Fax (817) 478-8874 Fax (940) 349-8120 All notices under ttus Agreement shall be effective upon their actual receipt by the party to whom such notice is g~ven, or three (3) days after mmlmg of the notice, winchever event shall first occur ARTICI,R XV ENTIRE AGREEMENT Tins Agreement consisting of ten (140) pages and one (1) Exinint constitutes the complete and final expression of the Agreement of the pames and is intended as a complete and exclns~ve statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, d~scnsslons, commttmcat~ons, understandings, and agreements winch may have been made m connection with the subject matter of tins Agreement ARTTCT,R XVT SEVERABILITY If any prowslon of tins Agreement ~s found or deemed by a court of competent jurlsdactIon to be invalid or unenfomeable, it shall be considered severable from the remmnder of tins Agreement, and shall not cause the remainder to be invalid or unenforceable In such event, the parties shall reform tins Agreement, to the extent reasonably possible, to replace such stricken provision with a valid and enforceable provision winch comes as close as possible to expressing the original retentions of the parttes respecttng any such stricken provlsmn ARTICI .F. XVTT COMPLIANCE WITH LAWS The CONSULTANT shall comply w~th all federal, state, local laws, roles, regulations, and ordinances apphcable to the work performed by CONSULTANT hereunder, as they may now read or as they may hereaf[er be amended A"R TT~T.~, XVTTT DISCRIMINATION PROHIBITED In performing the services reqmred hereunder, the CONSLTLTANT shall not chscnmmate agmnst any person on the hasps of race, color, rehg~on, sex, national ongm or ancestry, age, or physmal hanchcap ARTICI .~ PERSONNEL A CONSULTANT represents that ~t has or will secure at ~ts own expense all personnel reqmred to perform all the serrates reqmred under th~s Agreement Such personnel shall not be employees or officers of, nor have any contractual relatmns w~th the OWNER CONSULTANT shall rmrnechately reform the OWNER m writing of any conflmt of tnterest or potentml conflict of interest that CONSULTANT may d~scover, or whmh may arise dunng the term ofth~s Agreement B All serv~cas reqmred hereunder will be performed by CONSULTANT or under ~ts d~rect supervision All personnel engaged m perforrmng the work prowded for m fins Agreement, shall be qualified, and shall be authorized and pernntted under state and local laws to perform such servmas AR TTC. LR XX ASSIGNABILITY The CONSULTANT shall not asmgn any ~nterest m flus Agreement and shall not transfer any interest m thts Agreement (whether by asmgnment, novation or otherwise) w~thout the prior written consent of the OWNER CONSULTANT shall promptly not~fy OWNER of any change of ~ts name as well as of any slgruficant change m ~ts corporate structure or ~n 1ts operations A RTTC. I ,I~. XX'T MODIFICATION No watver or modfficattun of flus Agreement or of any covenant, condmon, hm~tat~on hereto contmned shall be vahd unless in writing and duly executed by the party to be charged therewith No ewdence of any watver or mochficat~on shall be offered or received m ewdence ~n any proceeding anmng between the part,es hereto out of or affecting flus Agreement, or the rights or obhgatmns of the part,es hereunder, unless such wmver or mochficat~on ~s m writing, duly executed The parties further agree that the prowmons of ttus Artmle will not be wmved unless as hereto set forth ARTIST ,R XXIT M~SCELLAN~OUS A The £ollowmg exhibit is attached to, incorporated w~th~n, and ~s made a par~ of tl~s Agreement for all purposes per~nent Exhibit "A" - "Scope of Work and Cost Estimate for Constmctmn Phase Servmes, Phase 2 Liner Const~'uctmn, C~ty of Denton" B CONSULTANT agrees that OWNER shall, untd the expiration of three (3) years after the final payment made by OWNER under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of the CONSULTANT involving transactions relating to tins Agreement CONSULTANT agrees that OWNER shall have access dunng normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate worlang space m order to conduct examinations or audits m compliance with this Article OWNER shall give CONSULTANT reasonable advance notice of all intended examinations or audits C Venue of any suit or cause of action under this Agreement shall lie exclusively m Denton County, Texas This Agreement shall be governed by and construed in accordance with the laws of the State of Texas D For purposes of t/ns Agreement, the parties agree that the key persons who will perform most of the work under this Agreement shall be Jeffery Young, P E, David R Fnels, P E, and Guy Campbell This Agreement has been entered into with the understanding that the three (3) above-stated employees of CONSULTANT shall perform all or a slgmficant portion of the work on the Project Any proposed changes regarding change of personnel, requested by CONSULTANT, respecting one or mom of the three (3) above-stated employees, shall be subject to the approval of the OWNER, winch approval the OWNER shall not unreasonably withhold Nothing hereui shall hmlt CONSULTANT from using other qualified and competent members of its firm to perform the other tncldental services required herein, under its supermslon or control E CONSULTANT shall commence, carry on, and complete its work on the ProJect with all applicable d~spateh, and tn a sound, economical, efficient manner, and In accordance with the provimons hereof In accomphshmg the ProJect, CONSULTANT shall take such steps as are appropriate to ensure that the work revolved is properly coordinated with related work being camed on by the OWNER F The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal all available reformation pertinent to the ProJect, including previous reports, uny other data relative to the ProJect and arranging for the access to, und make all provisions for the CONSULTANT to enter in or upon, pubhc and private property as required for the CONSULTANT to perform professional services under this Agreement OWNER and CONSULTANT agree that CONSULTANT is entitled to rely upon information furmshed to it by OWNER without the need for further inquiry or tnvestlgation into such information G The captions of this Agreement are for informational purposes only und shall not in any way affect the substantive terms or condttions oftlus Agreement IN WITNESS WHEREOF, the City of Denton, Texas has executed this Agreement in four (4) original counterparts, by and through its duly authorized City Manager, and CONSULTANT has. e,x~qg_ ted this Agre0Inent by and through ~ts duly authorized undersigned officer on tins the C~(~l day of L~.~t2L~A// ,2000 Page 9 of 10 "CITY" CITY OF DENTON, TEXAS ~V[ichael W J~, C~ty~{a~a~er ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY "CONSULTANT" EMCON A Texas Corporatmn By ~ EXHIBIT A SCOPE OF WORK AND COST ESTIMATE FOR CONSTRUCTION PHASE SERVICES PHASE 2 LINER CONSTRUCTION CITY OF DENTON LANDFILL DENTON COUNTY, TEXAS Prepared for City of Denton June 2000 Prepared by EMCON 5701 East Loop 820 Somh Fort Worth, Texas 76119 817/478-8254 Project 803321 CONTENTS 1 INTRODUCTION 1-1 1 1 General 1-1 2 SCOPE OF SERVICES 2-1 2 1 General 2-1 2 2 Task 1 - F~eld Observation 2-2 2 3 Task 2 - Laboratory Testing 2-5 2 4 Task 3 - Site Visits and Coordination 2-6 2 5 Task 4 - Certification Reports 2-7 2 6 Task 5 - Construction Phase Engineering 2-7 3 PROJECT ORGANIZATION 3-1 3 1 Organization and Staffing 3-1 4 PROJECTED SCHEDULE 4-1 5 PROPOSAL ASSUMPTIONS 5-1 6 ADDITIONAL SERVICES 6-1 7 ESTIMATED BUDGET 7-1 APPENDIX A Cost Estimate for 9-Acre Cell Cost Estimate for 13-Acre Cell Schedule of Fees APPENDIX B Construction Materials Testing APPENDIX C Project Organization APPENDIX D Resumes FW~C \WFNDOWS\TEMP\DentonCQAProp DOC~01-00\l~ I EMCON 803321 11 Rev I 6/9/00 INTRODUCTION 1 1 General Th~s proposal presents our Scope of Work and Cost Estimate for prov]&ng construction quality assurance (CQA) and construction phase engineering servmes (constructmn management) for the Phase 2 hner construction at the C~ty of Denton's municipal landfill CQA services include the ~nspectmn, testing, and reporting necessary to document the hner construction to the TNRCC Construcnon phase engmeenng services include those act~vlnes assocmted with managing the contractor and the contract during construction It is our understanding that the project will consist of I3 acres of composite liner Construction of a hned cell includes from the bottom up · Liner subgrade · Compacted clay l~ner (CCL) - 2 feet thick · Geomembrane hner (GM) - 60-m~l HDPE, textured on the s~dewall · Geocompos~te drmnage layer - single sided on the bottom and double s~ded on the sidewall · Leachate collection system Including pipe, aggregate, and geotextlle · Protective cover material - 2-foot mlmmum thickness The project will also include a detention pond and an extension of the perimeter road The perimeter road will be approximately 3,500 linear feet and requires about 15,000 cubic yard of fill The south detention pond will have a surface area of about 2 acres, an excavation of approximately 20,000 cubic yards, and will have an embankment of approximately 5,000 cubic yards It is assumed that constructmn of the perimeter road and detention pond will be on going during hner constmcuon and wdl not s~gnlficantly ~mpact the constmctlon schedule or momtonng requirements FW~C \WINDOWS\TEMP\DcntonCQAProp DOC~01-00\jw I EMCON 803321 1-1 Rev I 6/9/00 2 SCOPE OF SERVICES 2 1 General The following outlines our understanding of the scope of work for the Phase 2, Cell 2A construction quahty assurance and construction phase engineering services · Parttmpate in the pre-construction and progress meetings with the owner, contractor, and surveyor · Perform pre-construction sampling and testing of materials used dunng construction in accordance with the Sods and L~ner Quality Control Plan (SLQCP), the Texas Natural Resource Conservation Commission's (TNRCC) Mummpal solid Waste Division Liner Construction and Testing Handbook, dated July 1, I994, and the plans and specifications for the project · Perform field testing on each of the different constructed elements and verify conformance with project plans and the SLQCP · Momtor and provide documentation of construction procedures during constmctton of the liner · Collect samples and perform laboratory testtng as outlined tn the SLQCP and the specifications · Prepare daily records of work in progress, test results, and observations · Prepare Soils and Geomembrane Ltner Evaluation Reports (SLER and GLER) · Assist the City tn awarding the construction contract · Conduct pre-construction and periodic constructton progress meetings · Assist the City m administration of the construction contract · Provide the contact for the contractor to request tnformatlon FVvSC \WINDOWS\TEMP\DcntonCQAProp DOCU01 00\JW I EMCON 803321 2-1 Rev 1 6/9/00 It is proposed to provide these services through five tasks Tasks 1 through 4 will include the CQA services, and Task 5 will include the construction management services It should be recognized that there would be some overlap of CQA and management duties that will result in efficiencies of time and effort It is anticipated that a staff engineer who will be on site 3 days per week during liner construction will provide construction management The staff engineer will be able to assist the CQA monitor with construction observations, thereby eliminating some of the days a second monitor would be required Additionally, it is expected that the professional of record will not be required to spend as much time on site 2 2 Task 1 - Field Observation Field Observation This task includes all labor and expenses associated with providing full-time field CQA services for cell constmcuon as required by the permit, the SLQCP, and specifications Prior to commencement of construction, the EMCON CQA personnel will meet at the project site with representatives of the owner and the contractor(s) to review and coordinate project schedules The roles and responsibilities of each party, lines of commtmmaUon, and documentation review procedures, as well as any other significant issues will be discussed and agreed upon Subgrade Construction Observations EMCON will observe the quality of the subgrade of the landfill cell and any structural fill that may be required to achieve the required subgrade elevations In-place density tests and proof-rolhng will be used to determine subgrade density and uniformity Observed deficiencies will be identified for remedial work Compacted Clay L~ner Momtonng The following monitoring and testing activities will be provided on a full-time basis by experienced personnel during constmctlon of the clay liner The number of soil tests proposed for the clay liner Is shown in Appendix B · Perform field moisture/density tests on each lift as the clay liner is constructed Test will be performed using the nuclear moisture/density gauge FW~C \WINDOWS\TEMP\DenionCQAProp DOCX201 00\jw I EMCON 803321 2-2 Rev I 6/9/00 · Obtmn thin wall tube samples for hydraulic conductivity testing on each lift of clay liner · Perform Atterberg limits and percent passing No 200 sieve in conjunction with the hydrauhc conductivity samples · Monitor, test, and document clay liner construction procedures for compliance with the TNRCC Llnet Construction and Testing Handbook (July 1994) and the SLQCP · Cooperate with the owner's surveyor in order to achieve the necessary horizontal and vertical control and record drawings The surveyor should provide a liner thickness drawing with as-bmlt coordinates for the liner Survey documentation should Include elevations at a mlmmum of one grid point per 5,000 square feet for thickness measurements and sufficient points to define the liner perimeter The as-budt drawing should indicate the subgrade elevation and top of liner elevation and liner thickness for each of the points Additionally, coordinates for the limits of the hner and future tie-in area should be provided Soils testing will be performed in EMCON's geotechnical laboratory in Fort Worth, Texas, as discussed under the Conformance Testing Section Geomembrane Liner Construction Observations Prior to construction, the geomembrane (GM) manufacturer wall submit to EMCON the quality control certificates for the material to be installed at the facility These certificates will be reviewed by EMCON's CQA monitor to verify that a certificate has been received for all GM rolls on site The CQA monitor will observe all materials for defects and damage ReJection of materials will be at the discretion of EMCON Small defects wdl be repaired by the geosynthetlcs installer EMCON will check and verify that materials are stored in a place that will prevent damage from weather fuels, or other contaminants The CQA momtor will inventory the geosynthetlcs materials delivered to the site This inventory will consist of roll number, batch/lot number, w~dth and length of roll, and whether or not the manufacturer's quality control certificate for the roll has been received The CQA monitor will obtain samples of all geosynthetlcs for conformance testing Immediately after placement of geomembrane panels by the installer, the CQA monitor will inspect and record each panel to detect any defect or damage caused by installation operation or uplift by wind Rejection of panels or portions of panels will be at the FW~C \WINDOWS\TEMP\DcntonCQAProp DOC\201 00\jw I EMCON 803321 2-3 Rev I 6/9/00 discretion of the CQA momtor Rejected panels or portions of panels w~ll be marked and removed from the working area and stored ~n an area separate from the material being used for construction ofth~s cell Prior to field seaming of panels, each seeming apparatus/operator will have a quahficatmn test to verify that seaming condttmns are adequate The installer w~ll perfotan these tests on scrap p~eces of geomembrane at the beg~nmng of the seaming period for each seaming apparatus used in accordance with the requirements of the speclficatmns Pre-weld quahficatton test reports w~ll ~nclude date, welding techmc~an initials, seaming apparatus number and temperature, apparatus seaming speed, and test results These tests w~ll be observed and recorded by CQA personnel EMCON wall record all seaming activities including (1) observing that seams have proper overlap, (2) verifying that the areas to be seamed are clean and free of debris, (3) the date, (4) machine number and temperature, and (5) seam number Th~s record w~ll also reflect the test date, the location, and number of any destructive samples Defects, patches, and mr pressure test locations will be assigned a number that wall be marked on the geomembrane for locatmn purposes Thru log wdl also reflect the test and repair dates, along with a comment identifying the type of defect and ~ts locatmn EMCON wall record daily act~vlties, which shall ~nclude but are not hmtted to · Dally observations of GM installation activities and recording of defects during transportatmn and handling · Observation and documentation of anchor trench excavation, backfilling, and compaction · Observanons and documentauon of seams around appurtenances, and connectmns to appurtenances The Owner's project surveyor wall be responsible for prov~thng as-built survey documentatmn Coordinates and elevatmns should be provided for each hner perimeter point EMCON wall coorthnate and review the as-built documentanon If the surveyor ~s preparing an as-bmlt panel drawing, EMCON wall provide panel numbers and destructive seam test numbers FW~C \WINDOWS\TEMPXDentonCQAProp DOC~201 00\jw I EMCON 803321 2-4 Rev I 6/9/00 Leachate Collection System and Protective Cover Construction Observations Rolls of geotext~les, geocomposltes or geonets, and samples of aggregate dehvered to the site will be verified for conformance with the project specifications EMCON will document materials, confirmation test data, roll tags or packing lists, and other pertinent data Sanltples of coarse aggregate will be collected for gradation analyses and carbonate content evaluation The pipe installation and connections will be observed by EMCON for general conformance with the plans The manufacturer's technical data and certifications will be collected for the project records EMCON will examine the protective cover soil and note the placement of the protective cover for any conditions or materials which could damage the liner or leachate systems The owners' surveyor will provide the as-built liner and protective cover documentation The survey should include at a mlmmum · Elevations of the subgrade, top of clay liner, and top of protective cover for the previously discussed control points · Calculated thickness for the clay liner and protectxve cover for each survey point · Coordinates and elevations for selected points along the LCS pipes · As-bmlt coordinates for the liner 2 3 Task 2 - Laboratory Testing Pre-construction Borrow Laboratory Testing EMCON is in the process of conducting tests of soil samples from an on-site stockpile It is anticipated that these results will be used for the most part during liner construcnon However, it is expected that at least one to two more samples will be obtained during liner construction Laboratory testing of borrow samples will include Atterberg limits, minus 200 sieve analysis, standard Proctor moisture/density relationships, and permeability (hydraulic conductivity) tests This information wdl be used as the basis for moisture and density testing during construction of tl~e clay liner The proposed testing for the clay borrow is identified in Appendix B FW~C \WINDOWSWEMP\DentonCQAProp DOC\201 00\jw I EMCON 803321 2-5 Rev I 6/9/00 Material Conformance Testing Material conformance testing will be conducted n3 accordance with the SLQCP Conformance testing wxll be conducted on the soils, geomembrane, and the drmnage aggregate, Soil and drainage aggregate testing will be performed by EMCON in our Fort Worth geotechmcal laboratory Testing of geosynthet~cs will be conducted ~n EMCON's accredited geosynthet~c laboratory Sod test results will generally be available w~th~n 3 to 5 days after receipt in the laboratory Hydraulic conductivity (permeabdity) testing is given top priority and those results can generally be available w~th~n 3 days Geosynthetic conformance tests normally take 3 to 4 days Geomembrane peel and shear seam test results w~ll faxed to the site (and geotechmcal professional) w~th~n 24 hours of receipt ~n the laboratory Prmnty samples, ~nclud~ng hydrauhc conductivity and seam test samples, will be shipped for priority overnight dehvery to the laboratory the day sampled Conformance testing quantities for the HDPE were based on an ~nstalled area of approximately 13 acres Based on these quant~tms, 6 sets of conformance tests will be reqmred This quantity of conformance testing ~s based on the area of the geomembrane and does not take into account the number of material lots If the material ~s produced from more than six raw material lots, addmonal conformance testing w~ll be required Peel and shear tests 0 e, destructive tests) will be conducted on GM seam samples during installation Peel and shear test quantities are based on the cumulative length of seams For est~mating purposes, it was assumed that the panels would be 22 5 feet w~de and that the panel layout would be simple and straightforward If there are more than one or two seam failures or ~f the panel layout ~s complicated, addmonal seam testing may be required 2 4 Task 3 - S~te V~s~ts and Coordination The engineer of record (certifying engineer) will visit the site as necessary to observe liner quality assurance testing and construction acnwtles Based on gmdance from TNRCC regarding certfficat~on reports, it is anticipated that site v~slts will be conducted lmtially to observe the subgrade (and attend a pre-constructmn meeting), one to two t~mes each week dunng liner construction, and after completmn to observe the protective cover Coordlnatmn ~ncludes the time and costs associated with the following · Coordmatmn with field personnel · Commumcauon w~th the Owner F'CAC \WINDOWS\TEMP\DcntonCQAProp DOC~201 00\jw I EMCON 803321 2-6 Rev I 6/9/00 · Coordination of laboratory asslgmnents and rewew of laboratory testing · Completion of periodic CQA project updates and minutes of meetlngs 2.5 Task 4 - Certification Reports EMCON will prepare the Soils Liner Evaluation Report (SLER) and the Geomembrane Liner Evaluation Report (GLER) The cemficat~on reports w, ll contmn · The required TNRCC forms · A written narrative describing the project, tasks accomplished, and nme frames · Results of tests performed during the CQA program as discussed in this proposal and the SLQCP · As-bmlt drawings · Appendices including dally inspection forms, defect tracking logs, and supporting test data The reports will be compiled into a bound document w~th all drawings folded and bound or placed in protective envelopes Draft reports will be submitted to the client for review The final reports will Incorporate the Client's remew comments and wall be signed and sealed by a professional engineer registered in the State of Texas Five cop~es of each certification report will be submitted (three to TNRCC and two to the Client) The SLER and GLER will be under preparation during the construction phase of the project This allows EMCON to submit the reports m an expeditious manner shortly after the completion of construction actlvmes Generally the draft reports may be submitted within two weeks of completion of the clay liner (protective cover), assuming the survey documentation is received in a timely manor 2.6 Task 5 - Construction Phase Eng,neenng EMCON will provide a staff engineer to act as site representative to coordinate construction issues with the contractor and C~ty He will also coordinate design and regulatory issues with the appropriate EMCON personnel This task will include overall project management required during construction It is ant, clpated that the following subtasks will be included as part of EMCON's basic services FW~C \WINDOWS\TEMP\DcntonCQAProp DOCk201 00\iw I EMCON 803321 2-7 Rev I 6/9/00 · Conduct a pre-constructton conference and periodic construction progress meetings and prepare minutes documenting the meetings · Review and approval of contractor submittals and communications and prepare change orders 0frequlred) · Review of monthly pay requests and reconcdiation of quantities · Final contract closeout, including walk through tnspectmn, preparation of the punch list, preparation of consent of surety, and review of the final pay request and submittals FV~C \WINDOWS\TEMP\DentonCQAProp DOCLT.01-00\jw I EMCON 803321 2-8 Rev I 6/9/00 3 PROJECT ORGANIZATION 3.10rgamzatlon and Staffing Th~s section describes project orgamzation for the Construcnon Quahty Assurance Momtormg, Testing, and Certfficatmn acttwt~es tncluded ~n the Scope of Servmes of this proposal A project organ~zatmn chart ~s prowded in Appendix C Resumes for key personnel are provided m Appen&x D A Professmnal Engineer (registered ~n Texas) will be assigned as the project manager/certification engineer and a semor constructmn quahty assurance momtor who has experience ~n all aspects of construction momtormg for waste contalrLment facdltles wall be de&cated to the project By hawng th~s level of experience, EMCON feels that thts project w~lI have a team that will perform the reqmred services outhned m the scope of work efficiently and effectively The lead CQA monitor will be an experienced engineering technician or graduate engineer that meets the m~mmum experience levels specffied m the SLQCP and LCTH Ad&ttonal quahty assurance momtors may also be assigned to the project as s~te work dictates The Certfficatmn Engineer (Professional of Record or Geotechmcal Professional) w~ll be David R Fnels, P E As the certifying engineer, Mr Fnels will be responsible for project management and preparatmn of the CQA Reports He wall be responsible for s~te vis,ts, momtonng field act~vmes, and review of materml test data In ad&t~on, he w~ll be responsible for compilation of support Information and momtonng the project budget A staff engineer w~th on-s~te construction experience wdl be assigned as the s~te mpresenta'~ve He will work under the superv~smn of EMCON's Project Manager/Professmnal of Record It ~s expeated that th~s team will be assigned for the full duration of the project or as otherwise noted If for unforeseen mrcumstances changes are reqmred, staff with eqmvalent quahficat~ons will be assigned to the project w~th the chent's approval FWXC \WINDOWSWEMP\DentonCQAProp DOCU01 00\jw I EMCON 803321 3-1 Rev I 6/9/00 4 PROJECTED SCHEDULE The following schedule has been projected from previous experiences with construction of similar liners Our cost estimate has been based on th~s schedule and the project assumptions hsted m the following sectmn ESTIMATED NUMBER OF DAYS FOR CQA MONITOR CQA Monitor ESTIMATED ESTIMATED days estimated VOLUME PRODUCTION for a 13-Acre DESCRIPTION OR AREA RATE Cell (1) Subgrade preparatmn and 10,500 cy 1,500 - 2,000 5 general fill cy/day Compacted Clay Liner 40,000 cy 1,500 - 2,000 22 cy/day Geomembrane Liner and 566,400 sf 30,000 - 40 000 17 (2) Geocomposite sf/day Leachate collection system 40,000 cy 1,500 - 2,000 21 trench and protective Cover cy/day Perimeter road and pond 20,000 cy 3,000 - 4 000 5 cy/day TOTAL ESTIMATED 70 DAYS FOR CQA MONITOR Notes (t) Estimated quantity for a 13-acre cell (2) A second monitor will be required full t~me during most of the geomembrane installation FW~C \WINDOWS\TEMP\DentonCQAProp DOC\201 00\jw I EMCON 803321 4-1 Rev I 6/9/00 5 PROPOSAL ASSUMPTIONS The Scope of Services and costs for Construction Quahty Assurance Services presented ~n this proposal are based on the following assumptmns · Construction is antmlpated to start in July 2000 · Constmctmn reqmrlng a lead CQA momtor will take no longer than 70 days for 13 acres · The construction manager will be on site 3 days per week during the above noted construction period The City (or contractor) will provide temporary office space for the construction manager · The construction schedule for our CQA monitor ~s based on 6 work days per week at approximately 10 hours per day plus travel If beneficial to the project, the monitor may stay in Denton part of the ume, if so, per diem will be charged rather than travel time * The certifying engineer will be on-site generally two times per week during construction He will attend the pre-construction meeting, construcuon progress meetings, and also perform a final site wslt after completion of protective cover (as required by TNRCC) · The duration and test quantities are based on information available at this time and may be subject to change · The City of Denton will provide surveying services and as-built survey drawings · Five copies of the SLER and GLER will be required (3 for TNRCC and 2 for the Chent) FW~C \WlNDOWS\TEMP\DentonCQAProp DOC~OI 00\jw I EMCON 803321 5-1 Rev I 6/9/00 6 ADDITIONAL SERVICES We have developed the preceding scope of work based on our understanding of the project The following is a hst of additional services for the C~ty's current and future consideration · Laboratory testing ~n addition to those serwces ~dentffied ~n Basra Serwces · Construction Quahty Assurance servmes provided beyond the estimated length of constmctmn t~mes described ~n the Schedule · Construction management duties reqmrmg the engineer s~te representanve on s~te more than 3 days per week · The cost of surveying or survey as-bruit drawings FW~C \WINDOWS\TEMP\DentonCQAProp DOC~201 00\jw I EMCON 803321 6-1 Rev I 6/9/00 7 ESTIMATED BUDGET EMCON proposes to perform the servmes described above on a nme and material bas~s using fees hsted ~n the standard fee schedule A projected cost estimate has been developed using the schedules from Section 4, the assumptions prowded ~n Section 5, and a composite bdhng rate for each personnel category ProJect cost estimate work sheets are provided ~n Appendix A along wath the standard fee schedule The estimated number of tests ~s prowded ~n Appendix B The projected budget for constmctmn phase services for a 13-acre cell ~s $119,715 Actual charges will be based on the authorized t~me and tests, however, the fees wdl not exceed the nntmlly estabhshed budget w~thout the C~ty's prior approval and unless our scope of work ~s tncreased The C~ty wall be provided w~th penodm project updates so that the budget and project progress can be momtored FWXC \WINDOWSXTEMP\DentonCQAProp DOC\201 O0\jw I EMCON 803321 7-1 Rev I 6/9/00 APPENDIX A Cost Estimate For 13-Acre Cell Schedule Of Fees EMCON Construction Phase Services 7/18/00 Cost Estimate Denton Landfill 13-Acre Cell D~rect Emmated Task Description Hours Labor Laboratory Expense Total Cost 1 CQA Momtor 998 $ 46,756 $3,916 $ 50,672 2 Lab Testing $11,743 08 $ 11,743 3 SlteVlslffCoord 210 $ 19,920 $1,080 $ 21,000 4 Report 131 $ 8,852 $200 $ 9,052 Constructxon 5 Management 404 $ 25,664 $1,584 $ 27,248 Estimated Total Cost 1,339 $ 75,528 $ 5,196 $ 119,715 The construction manager wtll be on s~te 3 days per week (36 days mammum) Estimated Construction Schedule Days General fill and subgrade preparatmn 5 Clay hner 22 Geomembrane hner and geocompos~te 17 LCS trenches, sumps, and protecnve cover 21 Structural fill for road and embankments 5 7O Dentonl3ac xls 13 Acres APPENDIX B CONSTRUCTION MATERIALS TESTING APPENDIX B Matenal Conformance Testing Phase 2 C~ty of Denton Landfill Table 1 Clay LEner Materials Pre-constructEon and Borrow Source Testing Test Test Standard Test 13-Acre Cell Description (ASTM)* Frequency Number of Tests Atterberg Limits D 4318 1 / soil type 2 Sieve Analys~s D 1140 1 / sod type 2 Hydrauhc Conduct~wty D 5084 1 / sod type 2 Standard Proctor D 698 I / soil type 2 * Unless otherwise noted Note The borrow tests presently in progress will be used Table 2 Structural FEll TestEng (Road and Embankment) Test Test Standard Test Esumated Number of DescrtpUon (ASTM)* Frequency Materml Quannty Tests Reqmred Atterberg L~m~ts D 4318 I / stol type 18 000 to 20,000 cy 1 Sieve Analysts D 1140 I / soil type 1 Standard Proctor D 698 I / sod type I Field Moisture/Density D 2922 & D 3017 I / 10 000 fi' 105 per lift *Unless otherwise noted FWXC \WINDOWS~TEMP\DcntonCQAProp DOC\201 00\jw I EMCON 803321 Rev I 6/9/00 Table 3 Compacted Clay Liner (CCL)Testlng Test Test Standard Test 13-Acre Cell Descrtptton (ASTM)* Frequency Number of Tests Atterberg Ltmtts D 4318 1 / 100,000 ft2 24 per hff Steve Analys~s (-200) D 1140 1 / 100,000 ft2 24 per Hydrauhc Conductlvtty D 5084 1 / 100 000 ft2 24 per lift Fm[d Density/Motsture D 2922 & D 3017 I / 8,000 fi' 284 per hft * UnLess noted otherwise Table 4 Drainage Geocomposlte Conformance Testing Test Test Standard Estimated Test Number of Description (ASTM)* Material Quantity Frequency Tests Reqmred Geonet ~ Sp Gravity D 792/1505 N/A N/A N/A Geonet - Thmkness D 75 I/5199/1693 Geonet - Carbon Bk Cont D 1603 Geotextde - Grab D ~034 Geotextde - AOS D 475 I Geotextde Umt Wgt D3776 * Unless noted otherwtse FW~C \WINDOWS~TEMP\DentonCQAProp DOCk201 00\jw I EMCON 803321 Rev I 6/9/00 Table 5 HDPE Geomembrane Liner Conformance Tests Test Test Standard Test 13-Acre Cell Descrlptton (ASTM)* Frequency Number of Tests Thickness D 1593 I / 100 000 sf 6 Density D 1505 6 Carbon Black Content D 1603 6 Carbon Black D~sperslon D 3015 6 Tensile Properties D 638 6 Tear D 1004C N/A Puncture FTMI01C N/A Peel & Shear D 4437 I set / >00 hnear feet 80 (5 repheates each) NSF 54 Mod * Unless noted otharwls¢ Table 6 Geotextlle For Leachate Collection Trenches Conformance Testing Test Test Standard Estimated Test Number of Description (ASTM)* Materml Quantity Frequcnc~ Tests Reqmred Geotextfle W~de Strip Standard N/A N/A N/A Textile or Grab Mass/Umt Area D 3776 Puncture D 4833 Mullen Burst D 3786 Permat~wty D 4491 AOS D 4751 * Unless noted otherwise FW~C \WINDOWS\TEMP\DentonCQAProp DOC\201 00\jw I EMCON 803321 Rev I 6/9/00 Table 7 Dra,nage Aggregate Conformance Tests Test Test Standard Estimated Test Number of Descnptton (ASTM)* Material Quantity Frequency Tests Reqmred S~eve Analysis D 422 or D 1140 <3,000 cy I / 3,000 cy 1 Carbonate ConTent D 3402 1 Hydrauhc Conduct~wty D 2434 1 * Unless noted otherwise FMC \WINDOWS\TEMP\DentonCQAProp DOC~20i 00\jw I EMCON 803321 Rev I 6/9/00 APPENDIX C PROJECT ORGANIZATION DAVID R FRIELS, PE Project ManagedSemor Geotechmcal Engineer Mr Frlels has more than 28 years experience in the areas of geotechnical and materials engineering Including geosynthetlc and soil liners for waste facilities such as landfills and surface impoundments He has experience of base and cover lining systems, testing programs, momtonng, and construction quality assurance He has managed construction quality assurance (CQA) and prepared certification reports for over 10 million square feet of liner and cover systems Mr Friels' geotechnlcal engineering experience ~ncludes planmng and directing field exploration and samphng, laboratory testing, analysis of data and preparation of engineering reports for a wide variety of mumcIpal, commercial, and industrial projects Selected Project Exper,ence · Geotechnical Professmnal of Record/CQA Manager for t0 acre cell at The City of Midland Landfill Liner consisted of subgrade preparation, installation of a GCL and 60-mi1 HDPE, leachate collectmn and protective cover · Geotechnical Professional engineer of record for a 7 acre liner for the C~ty of Farmers Branch, Texas The fast track project consisted of 2 feet of clay hner, a 60~m~l HDPE geomembrane liner, leachate collection, and 2 feet of protective cover · Geotechnical Profession of Record/CQA Manager for three separate cell constructmn projects totahng over 15 acres at Turkey Creek Landfill in Johnson County, Texas Cells consisted of composite liners with 2 feet of clay, 60-mi1 HDPE, drmnage composite, leachate collection and 2' of protective cover · Geotechmcal Professional of Record/CQA Manager for composite liners at Plmnview Landfill (GCL/FML), Pampa Landfill (3' recompacted clay), Elhs County Landfill (2' clay/FML), and Wichita Falls Landfill (FML over ~n-s~tu sod liner) · Managed construction phase quality assurance testing and monitoring services for closure of an 8 5 acre industrial landfill and extension of a floor liner for a Class 1 industrial landfill at Tyler Pipe in Tyler, Texas Prepared a completion report ~ncludmg test procedures and results, and documentation of compliance with project plans and specifications · Served as project geotechnmal engineer for quality assurance services dunng constmctmn of soil and geosynthetic hners for evaporation ponds and hazardous waste lagoons at Mart~n Creek Steam Electrm Station near Kilgore, Texas · Directed mrfield pavement evaluation and new construction for Federal Express, Memphis, Tennessee ProJect included evaluations of existing aprons and taxlways, and construction of modifications, extensions, and new pavements FW\C \WINDOWSWEMP\DemonCQAProp DOC\N04 98\jw I EMCON DAVID R FRIEL$ · Managed quality control testing dunng construction of a new taxiway and apron for Fort Worth Sptnks Airport Reviewed and evaluated field and laboratory test data and prepared reports · Managed the quality control testing and momtonng during construction of the main runway, the parallel taxlway, and Taxiway H (serving American Airlines) at Alliance Airport tn Fort Worth, Texas Directed the construction quahty assurance (CQA) momtonng and testing, reviewed and evaluated test data, provided reports, and participated tn progress meetings · Managed quality control testing during construction for Green Oaks Boulevard from Vtllage Creek to Wllma Lane, Arlington, Texas Reviewed and evaluated field and laboratory test results of so]Is, hme-treated subgrade, and concrete pavements · Managed the construction quality control services during Phase II-A, II-B, and II-C construction projects at Village Creek Wastewater Treatment Plant in Fort Worth, Texas · Served as senior engineer for CQA services during ~nstallation of the soil cap and geosynthetlc cover system for closure of four landfills at Comanche Peak Steam Electric Station tn Glen Rose, Texas · Directed the geotechmcal study and prepared Geotechmcal Engineering Report for the Ilhnots Central Gulf (ICG) Railroad's relocation in northeast Mississippi The project consisted of a 1,178-foot bridge over the Tenn/Tom Waterway w~th a center span of 465 feet in length and 100 feet above the waterway · Managed construction quahty assurance services for soil liner placement at sohd waste landfill facflmes in Longwew, Paris, and Demson, Texas Prepared soil and liner evaluation reports (SLERs) for submittal to the TNRCC · Directed the field and laboratory testing during construction of the 10-mile ICG Railroad Track Relocation ~n Paden, Mississippi Responsibflmes included supervision of pile load testing, analysis, and development of pile driving criteria for the Waterway Bridge as well as embankment earthwork testing · Prepared landfill gas management plan, designed the perimeter gas monitoring system, and directed probe installation for landfills tn Lamar and Tarrant Counties (Texas) · Project Manager for cell construction and CQA for a 2 acre liner in Parker County, Texas, cons]sting of GCL, 60-mil HDPE, and leachate collectmn system · ProJect Manager for construction and CQA for a 5 acre Type IV clay liner in Harris County, Texas FWXC \WINDOWS\TEMP\OentonCQAProp DOC~N04 98\jw I EMCON DAVID R FRIELS · Directed geotechmcal exploration and testing and prepared the geotechmcal engineering report for an mrport taxlway over a major street in Memphis, Tennessee · Directed geotechmcal exploration and testing and prepared the geotechnlcal engmeenng reports for various school additions for the Arhngton Independent School District (Arlington, Texas) · D~rected geotechmcal exploration and testing and prepared the geotechmcal engineering reports for a complex of 5 large commercial bmldlngs in Tarrant County, Texas Educatmn / Spec~ahzed Tralmng B S, Clwl Eng~neenng, Oklahoma State Umvers~ty M S, Clwl Engineering, Oklahoma State Umversity Professional Registrations / Affihataons Registered Professional Engineer, Texas Registered Professional Engineer, Tennessee, #9228 Registered Professional Engineer, Oklahoma, #13848 Registered Professional Engineer, Lomsiana, #21585 Registered Professional Engineer, Arkansas, #4250 American Society of Civil Engineers Pubhcat~ons / Presentations "Chemical Stabll~zaUon of Cohesionless Oklahoma Soils," Oklahoma State Umverslty, April 1971 "Inspectors Manual for Pile Foundanons," Co-author as member of Inspection and Testing Committee of the Deep Foundations Institute, May 1978 "Axial Compression and Uplift Resistance of Steel H-Pries," presented during the Ohio Pdver Valley Softs Seminar IX, October 1978 "ICGRPJTennessee - Tomblgbee Waterway Bridge Geotechmcal Investigation and Pile Testing," presented to the Deep Foundatmns Institute 5th Annual Meeting, February 1980 "Settlement of Hlghnse Structures on Shallow Foundauons," presented to The American Society of Clvfl Engineers Annual Meeting in New Orleans, Louisiana, October 1982 FW\C \WINDOWS\TEMP\DemonCQAProp DOC~N04 98\jw ] EMCON WALTER C HUNT WALTER C HUNT, PE Semor Project Manager Mr Hunt's I3 years of professional experience includes a broad range of responstblhtles and projects from operational, environmental, and health and safety management, to solid waste permitting, constructxon projects and project management He has been involved in provl&ng engtneenng support to numerous factht~es ~nclu&ng acttve landfills, gas collectton systems, landfill closures, new &sposal sttes, me&cal waste incinerators, transfer stattons and refuse collectton operations His project expertence includes site studtes, geotechmcal stu&es and design, provt&ng quality assurance and quahty control (QAJQC) servmes on a variety of engtneermg projects, landfill design and operations, project management, compliance management, and environmental momtormg He has also been involved in health and safety issues related to landfills, transfer stattons, and refuse collection operations, and has directly managed the operattons of two landfills Beforejoimng EMCON, Mr Hunt worked for Waste Management, Inc in various enwronmental engmeenng roles for a several facdltles ~n North Texas While with Waste Management, Mr Hunt held the position of D~rector of Enwronmental Health and Safety for North Texas, as well as -Dtsmct Manager for two landfills tn North Texas Selected Project Experience · Manager of two landfills in Fort Worth, Texas Included the management of operattons and maintenance personnel, management of a variety of construction projects, overseeing environmental operattons of the facd~ties, as well as finanmal responsibilities to ensure that revenues and expenses are wtthm prescribed budgetary goals · Manager of envtronmental, health and safety programs within the North Texas Regmn of WMI Specffic management functtons ~ncluded health and safety, comphance and envtromnental engmeenng for approximately 25 fac~htms ~ncludmg hauling companies, disposal facdmes, transfer facthties and recychng operations *Implementatton of a variety of standard "regton based" environmental programs to help ensure compliance at facilities ~n North Texas, as well as the development and ~mplementatlon of a regton based employee and facthty safety ~ncentlve program These programs helped reduce overall costs of envtronmental programs as well as costs assoctated with accidents tn the North Texas Region · Served as project engmeer in the successful expansion of a highly contested solid waste disposal facthty Thts expanston required stgmficant coor&naUon w~th the permitting agency, as well as the surroun&ng local commumty to expand the permitted acreage from 73 acres to 670 acres, and tncreased the capamty by over 50 mtlhon cubic yards FW\C \WINDOWS\TEMP\DentonCQAProp DOC\N04 98\jw I E WALTER C HUNT · Other consulttng projects have ranged from environmental s~te assessments and s~te studies, to foundatton mcommendatlons, slope stabthty analys~s, QA/QC services for the construction industry Experience in prowdmg QC servmes has included the testing of most construcnon matermls as well as the day to day management of a materials testing laboratory and the management of field and laboratory technicians Educat,on I Speclahzed Tralmng Bachelor of Science ~n C~wl Engineering, Texas A&M Umvers~ty, College Statmn, Texas, May, 1985 Masters of Eng~neenng ~n Ctvtl Engineering, Umvers~ty of Texas at Arhngton, Arhngton, Texas, May 1991 Profesmonal Regmtrat~on / Affihat~ons Professional Engineer, State of Texas Member of the Natmnal Soctety of Professmnal Engineers Member of the Sohd Waste Assocmt~on of North America Member of the Amertcan Society of C~wl Engineers Pubhcat~ons I Presentations "Immedmte Response to Landfill Gas Mtgratmn at Skyhne Landfill, Ferns, Texas" Presented atthe 1992 Waste Management, Inc Fall Technology Conference Instructor - Landfill Gas Management Trmnmg Seminar for Texas Natural Resource Conservation Comm~ssmn, Texas Eng~neenng Extension Service, September 1993 "The Use of Landfill Gas Extraction Wells as L~qmd Extracnon Pmnts", presented at the 8TM Annual Mummpal Sol~d Waste Management, - Options for Texas, January 1995 "Inmal Leachate Quantity Generation Data Obtmned from a Subtitle D Landfill Ceil" - A Jmnt Study Between Waste Management of Texas and the Texas Natural Resource Conservatmn Comm~sston, presented at the 9TM Annual Mnn~c~pal Solid Waste Management, - Options for Texas, December 1995 "Leachate Quahty Data Obtmned from Two Submle D Landfills ~n Texas", presented at the 1996 Fall Texas Section Meeting of the American Society of C~vll Engineers, September 1996, San Antomo, Texas "Leachate Quantity Generation Data Obtmned from a Subtttle D Landfill Cell" - A Continuation of a Joint Study between Waste Management of Texas, Inc and the Texas FW~C \WINDOWS\TEMP\DentonCQAProp DOC~N04 98\Jw I E WALTER C HUNT Natural Resource Conservation Commission, presented at the 10TM Annual Mumc]pal Solid Waste Management, - Options for Texas, December 1996 "Results of Initial Studies of the Quantity and Quahty of Landfill Leachate at a Subtitle D Facthty tn Texas" presented at CIVE 6111 Spring Seminar Series at The Unxvers~ty of Houston, March 1997 "Stormwater Runoff at a Subtitle D Landfill - A Case Study", presented at the 1997 Fall Texas Section Meeting of the American Society of C~vfl Engtneers, October 1997, Arlington, Texas "Leachate Reclrculatlon at Subtitle D Facflmes, The WMI Texas Perspective", presented at the 1998 Louisiana Department of Enwronmental Quahty, Office of Waste Servmes Conference, March 1998, Lafayette, Lomsmna FWXC \WINDOWS\TEMP\DentonCQAPmp DOC\N04 98\jw I E MARK D LANKFORD Laboratory Services Manager NICET Certified Mr Lankford has over 13 years of experience performing geotechmcal laboratory testing Selected Project Exper,ence Spectf/c testtng expenence includes · Atterberg Limits Tests · pH Tests · Percent Passing No 200 Mesh Sieve · Optimum Lime/Sod and Cement/Sod Tests · Moisture Content and Umt Dry Weight · Gradatmns/Hydrometers · Absorption Pressure Swell Tests * Freeze/Thaw Tests on Soil/Cement · ConsohdatlonTests * Standard, Modffied, and Tx-Dot l13-E Proctor Tests · Tnaxial and Dxrect Shear Tests · Umfied Soil Classification Determinations · Permeab~hty Tests · Compressive Strength of Concrete Cylinders · Soil Box Resistivity · California Bearing Ratio (CBR) · Center and Third Point Flexural Testing · Unconfined Compressive Strength Tests, Soil and Rock · Specific Gravity Tests FWXC \WINDOWS\TEMP\DentonCQAProp DOC\N04 98\jw 1 EMCON MARK D LANKPORD Performed geotechn/cal laboratory teshng for l/ner projects ~n Texas · Brazor]a County Landfill · Mall Creek Landfill · Turkey Creek Landfill , Angehna County Landfill · Bay]own Landfill · Brownsville Landfill · Fort Hood Landfill * C & T Landfill · Kerrv]lle Landfill · CSC Landfill · Arhngton Landfill · Denton Landfill · Sunset Farms Landfill · Ab]lene Regional Landfill · Elhs County Landfill · Pla]nview Landfill · Itasca Landfill · Pampa Landfill · P]necrest Landfill * Southwest Landfill · Southeast Landfill * Wichita Falls Landfill · Pinehill Landfill · Iowa Park Landfill · Royal Oaks Landfill · B & B Landfill · Tyler Pipe Industrial Landfill · Lone Star AAP Landfill · Greenwood Farms Landfill * K]lleen Landfill · Clebume Landfill · Pecan Prmr]e Landfill Education / Spec~ahzed Tra~mng Associate in Arts -Tarrant County Jun]or College NICET Certification Geotechmcal Laboratory, Level IV Geotechmcal Exploration, Level II Geotechmcal Construction, Level II Geotechmcal Generahst Level II Troxler Cemficat]on FWXC \WINDOWS\TEMP\DentonCQAProp DOC\N04 98\jw 1 EMCON TOMMY V THOMPSON, CET Semor Englneenng Techmc~an CQA Momtor Mr Thompson has more than 16 years of experience in construction quality assurance, observaUon, and testing He has been the lead quality assurance monitor for the liner construction of several waste disposal facilities including sites requiring Subtitle D composite liners Recently he served as the semor CQA monitor for closure of four landfills at an industrial site in north Texas A composite cover was used on each landfill His extensive experience m construction quality assurance also includes soil and concrete testing and observation on major civil projects such as airport runways, multlstory buildings, and bridges Mr Thompson is certified by the National Institute for Cemficanon In Engineering Technologies (NICET) as a Level II Engineering Techmcian Selected Project Experience · Sensor CQA momtor dunng construction of the 28 acre (1,220,000 sq fl ) cell at the Brazona County Landfill, south of Houston, Texas Cell constructmn consisted of 2 feet of clay liner, 60-md HDPE, drainage geocomposite (geonet/geotextfle), leachate collection (HDPE ptpsng, aggregate, geotextde) and snstallatlon of protective cover · Sensor CQA monitor during constructmn of Subtitle D composite liners for 10 MSW landfills sn Texas Duties included testing compaction of the clay liner, monitoring lnstallatson of the HDPE liner, observing and recordsng results of seam testsng, and momtonng installation of the leachate collecuon system, piping, and protectsve cover · Ressdent CQA momtor for the closure of four landfills at a nuclear power generation plant in north Texas Responssblhties included testsng and momtonng of clay cap and geosynthetm hner construcnon, quality documentation, and consulting with the project engineer · Provsded quality control and testing services during construction of 950,000 square feet of liner at a 643-acre mumcxpal landfill m Arlington, Texas · Served as quality assurance momtor during hner construction at solid waste landfill sites In San Antonio, Austsn, Kerrvllle, Denton, and Electra, Texas Tasks included compaction testing, obtaining samples for hydrauhc conductivity testing, and monitoring soil type, lift thmkness, and mmsture FW\C \WINDOWS\TEMP~DentonCQAProp DOC\N04 98\jw I EMCON - TOMMY V THOMPSON Education / Spemahzed Training Certified by Troxler Electronic Laboratories for use of the nuclear density dewce American Concrete Institute (ACI) course on Concrete Testing and Basic Concrete Technology 40-hour OSHA Course NICET Level II tn Construction Materials Testing - Sods NICET Level II in Geosynthettc Materials Installation Inspection FW\C \WINDOWS\TEMI~DentonCQAProp DOC\N04 98\jw I EMCON JASSON LONGORIA CQA MomtodF~eld Techmc~an Jasson Longona provides construction momtonng, testing, and documentation for landfill construction projects involving sod and geosynthetlc hners His experience over the past 6 years has involved QA/QC momtonng during mstallanon of mllhons of square feet of hner across the country His responstblhttes have also included material management, development of auto-cad drawings, oversight of production and schedule, coordination between construction management and construction site personnel, as well as quahty control testing tn the laboratory His experience tn construction quahty assurance also includes landfill gas extraction systems, observation of backfill placement, direction of and documentation of the dnlhng During the previous six (6) years he has worked on the following projects Selected Project Experience · Semor CQA monitor during installation of the dO-md HDPE liner at Waste Management's Weststde Landfill tn Aledo, Texas · Semor CQA monitor dunng installation of the 60-mil HDPE liner at Waste Management's Skyhne Landfill tn Ferns, Texas Semor CQA momtor during construction of the compacted clay hner for the 20- acre cap at the TRA Landfill tn Dallas County, Texas · Resident CQA Manager for the 30 acre closure at Fort Hood landfill in Coryell County (Kllleen, Texas), which included a GCL and 40-md LLDPE composite · Semor CQA monitor dunng construction of the 1,440,000-sq ft GCL/FML composite cap at C & T Landfill in Hidalgo County, Texas · Semor CQA techmctan dunng construction of the 300,000 sq ft composite liner at the LaSalle Parish Landfill, near Alexandria, La · Quality Control Manager/Supervisor dunng installation of 2,400,000 square feet of 80 md and 60 mil geomembrane, geonet and geotextlle at the Grassy Mountain, Cell No 7 Landfill tn Clive, Utah · Quality Control Manager for 216,000 sq fl of60-mtl HDPE hner in Cell 108 at the Altair Landfill ~n Altair, Texas FWXC \WINDOWSWEMP\DentonCQAProp DOC\N04 9S\iw I EMCON JA$$ON LONGORIA · Provided quahty control monitoring and testing during installation of 450,000 sq fl of 60-mil HDPE liner for the Cell 13 Closure at the Lone Mountain Landfill in Waynoka, Oklahoma · Quality Control Manager during construction of the 3,465,000 sq ft 40-mil LLDPE liner at the Booker Fowler Fish Hatchery m Woodworth, Louisiana · Quality Control Manager for constmctlon of the 6,500,000 sq ft 60-mil HDPE bottom liner at the USAC Gypsum Plant m Ft Meade, Florida · Quality Control Manager for construction of the 650,000 sq ft 60 mil/80 mil liner m Cells lA and lB, and construction ora 188,000 sq fi evaporation pond at Echo Mountmn Landfill m Sawyer, North Dakota · QA/QC for the 1-95 landfill closure which involved 2,500,000 sq ft of 40-mil LLDT geomembrane, Lorton, Vtrgmla · Quality Control Manager/Supervisor during construction of the 750,000 sq ft 60-mil ECDC Cell No 10A in East Carbon, Utah · QA/QC for the Pinewood Landfill III-B Extension, involving an g0-mfl HDPE membrane and drainage geocomposlte on 650,000 sq ft, ~n Pinewood, South Carolina Education / Speciahzed Trmmng Mountain View College, Dallas, Texas -1996-current, studying Computer Science Certified by Troxler Electromc Laboratories for use of the nuclear density device OSHA 40-hour HAZWOPR training FW~C \WINDOWS\TEMP\DcntonCQAProp DOC\N04 98\~w I EMCON WALTER C HUNT, PE Semor Project Manager Mr Hunt's 13 years of professional experience includes a broad range of responsibilities and projects from operational, environmental, and health and safety management, to solid waste permitting, construction projects and project management He has been involved in providing engineermg support to numerous facilities including active landfills, gas collection systems, landfill closures, new disposal sites, medical waste incinerators, transfer stations and refuse collection operations His project experience includes site studies, geotechmcal studies and design, providing quality assurance and quality control (QA/QC) services on a variety of engmeer]ng projects, landfill design and operations, project management, compliance management, and environmental monitoring He has also been involved in health and safety issues related to landfills, transfer stations, and refuse collection operations, and has directly managed the operations of two landfills Before joining EMCON, Mr Hunt worked for Waste Management, Inc in various environmental engineering roles for a several facilities in North Texas While with Waste Management, Mr Hunt held the position of Director of Environmental Health and Safety for North Texas, as well as -D~stnct Manager for two landfills in North Texas Selected Project Experience · Manager of two landfills in Fort Worth, Texas Included the management of operations and maintenance personnel, management of a variety of construction projects, overseeing environmental operations of the facilities, as well as financial responsibilities to ensure that revenues and expenses are within prescribed budgetary goals · Manager of environmental, health and safety programs within the North Texas Region of WMI Specific management functions included health and safety, compliance and environmental engineering for approximately 25 facilities including hauling compames, disposal facilities, transfer facilities and recycling operations · Implementation of a variety of standard "region based" environmental programs to help ensure compliance at facilities in North Texas, as well as the development and implementation of a region based employee and facility safety incentive program These programs helped reduce overall costs of environmental programs as well as costs associated with accidents in the North Texas Region · Served as project engineer in the successful expansion of a h~ghly contested solid waste disposal facility This expansion required significant coordination with the permitting agency, as well as the surrounding local community to expand the permitted acreage from 73 acres to 670 acres, and increased the capacity by over 50 million cubic yards FWXC \W~NDOWS\TEMP\DentonCOAPro@ DOC\N04-9S\jw I EMCON WALTER C HUNT ,, Other consulting proJects have ranged from environmental site assessments and site studies, to foundation recommendations, slope stability analysis, QA/QC services for the construction industry Experience m provldmg QC services has included the testing of most construction materials as well as the day to day management of a materials testing laboratory and the management of field and laboratory technicians EducatIon I Spemahzed Trmmng Bachelor of Smence in C~wl Engineering, Texas A&M University, College Station, Texas, May, 1985 Masters of Engineering in Civil Engineering, University of Texas at Arlington, Arlington, Texas, May 1991 Professional Registration / Affihat~ons Professional Engineer, State of Texas Member of the National Society of Professional Engineers Member of the Solid Waste Association of North America Member of the American Society of Civil Engineers Pubhcat~ons I Presentations "Immediate Response to Landfill Gas Migration at Skyline Landfill, Ferris, Texas" Presented at the 1992 Waste Management, Inc Fall Technology Conference Instructor - Landfill Gas Management Traimng Seminar for Texas Natural Resource Conservation Commission, Texas Engineering Extension Service, September 1993 "The Use of Landfill Gas Extraction Wells as Llqmd Extraction Points", presented at the 8TM Annual Municipal Solid Waste Management, - Options for Texas, January 1995 "Initial Leachate Quantity Generation Data Obtained from a Subtitle D Landfill Cell" - A Joint Study Between Waste Management of Texas and the Texas Natural Resource Conservatmn Commission, presented at the 9TM Annual Municipal Solid Waste Management, - Optmns for Texas, December 1995 "Leachate Quahty Data Obtained from Two Subtitle D Landfills in Texas", presented at the 1996 Fall Texas Section Meeting of the American Society of Civil Engineers, September 1996, San Antonio, Texas WALTER C HUNT "Leachate Quantity Generation Data Obtained from a Subtitle D Landfill Cell" - A Continuation of a Joint Study between Waste Management of Texas, lnc and the Texas Natural Resource Conservation Commission, presented at the 10TM Annual Municipal Solid Waste Management, - Options for Texas, December 1996 "Results of Imtlal Studies of the Quantity and Quality of Landfill Leachate at a Subtitle D Facility in Texas" presented at CIVE 6111 Spring Seminar Series at The Umverstty of Houston, March 1997 "Stormwater Runoff at a Subtitle D Landfill - A Case Study", presented at the 1997 Fall Texas Section Meeting of the American Society of Civil Engineers, October 1997, Arlington, Texas "Leachate Remrculatlon at Subtitle D Facilities, The WMI Texas Perspective", presented at the 1998 Lomsiana Department of Envlronmemal Quality, Office of Waste Services Conference, March 1998, Lafayette, Louisiana AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDED PROFESSIONAL SERVICES AGREEMENT WITH EMCON FOR COMPLETION OF CONSTRUCTION QUALITY ASSURANCE AND CONSTRUCTION MANAGEMENT TASKS FOR CITY OF DENTON LANDFILL CELLS 2A AND 2B, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council deems ~t m the pubhc interest to continue to engage the firm of EMCON, an operating subsidiary of the IT Group, a Corporation ("EMCON"), to provide professional construction quality assurance and construction management tasks for the constmctmn of City of Denton Landfill Cells 2A and 2B, and WHEREAS, the C~ty staffhas reported to the C~ty Council that there Is a substantial need for completion of the above-described professional services, and that hm~ted C~ty staff cannot adequately perform the services and tasks w~th ~ts own personnel, and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professmnal Services Procurement Act", generally prowdes that a C~ty may not select a provider of professional services on the bas~s of competitive bids, but must select the provider on the basis of demonstrated competence, knowledge, and quahfieat~ons, and for a fmr and reasonable price, and WHEREAS, the C~ty Council has provided m the C~ty Budget for the appropriation of funds to be used for the purchase of the professional services, as set forth m the First Amended Professmnal Serwces Agreement, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~ That the C~ty Manager m hereby authorized to execute a F~rst Amended Professmnal Services Agreement w~th EMCON, of Fort Worth, Texas, for professional construction quahty assurance and construction management tasks for the constructmn of C~ty of Denton Landfill Cells 2A and 2B, ~n substantially the form of the F~rst Amended Professmnal Services Agreement attached hereto and incorporated herewith by reference ~ That the award of th~s First Amended Agreement by the City ~s on the basis of the continued demonstrated competence, knowledge, and quahficatlons of EMCON and the ability of EMCON to perform the professional services needed by the C~ty for a fair and reasonable price SECTION 3 That the expenditure of funds as provided ~n the attached First Amended Professional Servmes Agreement is hereby authorized ~ That flus ordinance shall become effective immediately upon its passage and approval /~ ~ PASSED AND APPROVED this the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By NJ_ __ f-'~'(-~2') APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Documents\Ordman¢¢s\01\EMCON First Amended PSA ord doe THE STATE OF TEXAS ) COUNTY OF DENTON ) FIRST AMENDED AGREEMENT FOR PROFESSIONAL SERVICES THIS FIRST AMENDMENT to that certain Professional Services Agreement, executed September 26, 2000, heretofore entered into by and between the C~ty of Denton, Texas, a Texas Mumc~pal Corporation w~th ~ts offices at 215 East McKtnney Street, Denton, Texas 76201 (hereafter referred to as "CITY"), and the firm of EMCON (an operating snbs~dmry of the IT Group), w~th ~ts offices at 5701 East Loop 820 South, Fort Worth, Texas 76119 (hereafter referred to as "EMCON"), acting hereto by and through their respective duly authorized s~gnatones, and NOW THEREFORE, the C~ty of Denton, Texas and the firm of EMCON (hereafter collectively referred to as the "PARTIES"), ~n consideration of their mutual prormses and covenants, as well as for other good and valuable considerations, do hereby AGREE to the following amendments to the terms and cond~tmns of the Professional Services Agreement (hereafter the "Agreement") prewously approved by the C~ty Council, to wit I That those "Additional Serwces" set forth m the Memorandum from Dawd R Fnels, P E of EMCON to P S Arora, P E of the CITY, dated April 11, 2001, marked and attached as Exhibit I hereto, shall also be performed by EMCON, as prowded by and ~n accordance w~th Article Ill of the Agreement and the other Articles of the Agreement II That the provisions of the last sentence of Section V B 1 of the Agreement shall ~nstead read an additional $48,285 00 of compensation payable by the CITY to EMCON, as follows "OWNER agrees to pay to CONSULTANT for ~ts professional services performed, and for its out-of-pocket expenses recurred m the Project, a total amount not to exceed $168,000" III The PARTIES agree, that except as specifically prowded for by th~s F~rst Amended Agreement for Professional Services, that all of the terms, covenants, conditions, agreements, rights, respons~b~ht~es, and obhgat~ons of the PARTIES set forth m the Agreement, shall remain ~n full force and effect IN WITNESS WHEREOF, the C~ty of Denton, Texas and the firm of EMCON have executed th~s F~rst Amended Agreement for Professional Services, m (4) original counterparts, by. ~nd through their .respective duly authorized representatives and officers on th~s the /,~..Z, day of 2'J/JtYT.-~ ,2001 "CITY" CITY OF DENTON, TEXAS A Texas Mumc~pal Corporation By ~ Howard M~tm~ Interim C~ty Manager ATTEST JENNIFER WALTERS, CITY SECRETARY "EMCON" ATTEST S \Our Documents\Contracts\01XEMCON F~rst Amended Agrmt Denton Landfill doc 2