7109-009 - Contract Executed
Docusign City Manager Approval Transmittal Coversheet
File Name
Purchasing Contact
Piggy Back Option
Contract Expiration
Revised 6/11
Request for City Manager Approval of Purchase
DATE: May 15, 2020 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Brian Boerner 349-8001
Contact Phone
CFO: Antonio Puente, Jr.
SUBJECT (Required)
Landfill Gas-to-Energy (LFGE) Beneficial-Use Assessment at the City of Denton Landfill
$58,320
BID/FILE INFORMATION (Required)
LFGE Beneficial-Use Assessment
x Landfill background;
x Landfill gas recovery projections;
x Landfill gas collection and control system (GCCS) upgrades and costs;
x Beneficial-use options considered;
x Procurement and ownership options;
x Financial analysis of select option(s); and
x Conclusions and recommendations.
Consultant’s presence at Council, Boards, and/or Commission meetings
On-Call follow-up support. (as needed)
PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS)
March 23, 2004 – Lease and License Agreement between City of Denton and DTE Biomass
Energy, Inc. for professional services related to design, development, and operation of a Landfill
Gas Collection and beneficial reuse system
April 15, 2008 – Amended and Restated Facility Lease
RECOMMENDATION
State law require that the City of Denton manage landfill gas (LFG) generated from the Denton
Landfill. Historically, this gas has been to generate electricity with any excess being flared to the
environments. In less than 5 years, the City’s contract with DTE, the Landfill Gas to Energy
contractor, will expire and it is incumbent on the City to evaluate opportunities to manage the
LFG in a compliant and economic manner.
The City has requested a professional services proposal from SCS Engineers (SCS) to complete
landfill gas beneficial-use assessment. SCS is a nationwide leader in landfill gas system
evaluation and development. They have significant experience with the City of Denton’s LLFG
System, most recently having completed an evaluation related to the development and operation
of the Landfills ELR system.
Revised 6/11
BASIS FOR SELECTION
SCS Engineers has been prequalified by the City of Denton to complete this Scope of Work.
PRINCIPAL PLACE OF BUSINESS (Required)
David J. Mezzacappa, P.E.
Vice President
SCS Engineers
1901 Central Dr., Suite 550
Bedford, TX 76021
817-358-6108 (office-direct)
972-522-9174 (mobile)
dmezzacappa@scsengineers.com
STAFF ESTIMATE
$58,320
ESTIMATED SCHEDULE OF PROJECT
The project is anticipated to take 8 weeks to complete from issuance of notice to proceed
CONTRACT ADMINISTRATOR
Brian Boerner, Solid Waste director
940-3419-8001
brian.boerner@cityofdenton.com
FISCAL INFORMATION (Required)
660300.7879
Attachment 1: Contract
Name_Brian Boerner_______________
Phone 940-349-8001_______________
Requisition#___________________
Respectfully submitted:
Purchasing
Revised 6/11
Expenditure Approved:
__________________________
City Manager or Designate
__________________________
Date
City of Denton, Texas Contract 7109-009
PROFESSIONAL SERVICES AGREEMENT
FOR CONSULTING SERVICES
FILE 7109-009
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT (the “Agreement”) is made and entered into on
________________________, 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 SCS Engineers, with its corporate office at
1901 Central Drive, Suite 550, Bedford, TX 76021, hereinafter called “CONSULTANT,” acting
herein, by and through their duly authorized representatives.
WITNESSETH, that in consideration of the covenants and agreements herein contained,
the parties hereto do mutually agree as follows:
ARTICLE I
CONSULTANT AS INDEPENDENT CONTRACTOR
The OWNER has selected CONSULTANT on the basis of demonstrated competence and
qualifications to perform the services herein described for a fair and reasonable price pursuant to
Chapter 2254 of the Texas Government Code. The OWNER hereby contracts with the
CONSULTANT as an independent contractor and not as an employee, and as such, the OWNER
will not assert control over the day-to-day operations of the CONSULTANT. The
CONSULTANT is customarily engaged to provide services as described herein independently
and on a nonexclusive basis in the course of its business. This Agreement does not in any way
constitute a joint venture between OWNER and CONSULTANT. The CONSULTANT hereby
agrees to perform the services described herein based on the skills required for the scope of work
in connection with the Project as stated in the sections to follow, with diligence and in
accordance with the highest professional standards customarily obtained for such services in the
State of Texas. The professional services set out herein are in connection with the following
described project:
The Project shall include, without limitation, Landfill Gas-to-Energy (LFGE) Beneficial-Use
Assessment City of Denton Landfill, as described in Exhibit A, which is attached hereto and
incorporated herein (the “Project”).
ARTICLE II
SCOPE OF BASIC SERVICES
The CONSULTANT shall perform the following services in a professional manner:
A. To perform all those services set forth in CONSULTANT’s proposal, which proposal is
attached hereto and made a part hereof as Exhibit A as if written word for word herein.
B. CONSULTANT shall perform all those services set forth in individual task orders, as
described in Exhibit A, which shall be attached to this Agreement and made a part
hereof.
C. If there is any conflict between the terms of this Agreement and the exhibits attached to
this Agreement, the terms and conditions of this Agreement will control over the terms
and conditions of the attached exhibits or task orders.
City of Denton, Texas Contract 7109-009
ARTICLE III
ADDITIONAL SERVICES
Additional services to be performed by the CONSULTANT, if authorized by the
OWNER, which are not included in the above-described Basic Services, may be negotiated as
needed, per rates included in Exhibit A.
A. Preparing applications and supporting documents for government grants, loans, or
planning advances and providing data for detailed applications.
B. Preparing data and reports for assistance to OWNER in preparation for hearings before
regulatory agencies, courts, arbitration panels or mediator, giving testimony, personally or
by deposition, and preparations therefore before any regulatory agency, court, arbitration
panel or mediator.
C. Assisting OWNER in preparing for, or appearing at litigation, mediation, arbitration,
dispute review boards, or other legal and/or administrative proceedings in the defense or
prosecution of claims disputes with Contractor(s).
D. Assisting OWNER in the defense or prosecution of litigation in connection with or in
addition to those services contemplated by this AGREEMENT. Such services, if any, shall
be furnished by CONSULTANT on a fee basis negotiated by the respective parties outside
of and in addition to this AGREEMENT.
E. Visits to the site in excess of the number of trips included in Exhibit A.
F. Preparing statements for invoicing or other documentation for billing other than for the
standard invoice for services attached to this professional services agreement.
ARTICLE IV
TIME OF COMPLETION
CONSULTANT is authorized to commence work under this contract upon execution of this
AGREEMENT. CONSULTANT shall perform and complete its obligations herein in a prompt
and continuous manner, so as to not delay the completion of the Project in accordance with the
schedules as described in Exhibit A. The contract shall remain effective for a period which may
reasonably be required for the completion of the Project, acceptance by an authorized
representative of the OWNER, exhaustion of authorized funds, or termination as provided in this
Agreement, whichever occurs first.
ARTICLE V
COMPENSATION
A. COMPENSATION TERMS:
1. “Subcontract Expense” is defined as expenses incurred by the CONSULTANT in
employment of others in outside firms for services related to this agreement.
2. “Direct Non-Labor Expense” is defined as that expense for any assignment
incurred by the CONSULTANT for supplies, transportation and equipment,
travel, communications, subsistence, and lodging away from home, and similar
incidental expenses in connection with that assignment.
City of Denton, Texas Contract 7109-009
B. BILLING AND PAYMENT: For and in consideration of the professional services to be
performed by the CONSULTANT herein, the OWNER agrees to pay, based on the cost
estimate detail at an hourly rate shown in Exhibit A which is attached hereto and made a
part of this Agreement as if written word for word herein, a total fee, including
reimbursement for direct non-labor expenses not to exceed $58,320 for Task 1, 2, 3 only
of the Proposed Fee Schedule.
Partial payments to the CONSULTANT will be made on the basis of detailed monthly
statements rendered to and approved by the OWNER through its City Manager or his
designee; however, under no circumstances shall any monthly statement for services
exceed the value of the work performed at the time a statement is rendered.
Nothing contained in this Article shall require the OWNER to pay for any work which is
unsatisfactory, as reasonably determined by the City Manager or his designee, or which is
not submitted in compliance with the terms of this Agreement. The OWNER shall not be
required to make any payments to the CONSULTANT when the CONSULTANT is in
default under this Agreement.
It is specifically understood and agreed that the CONSULTANT shall not be authorized
to undertake any work pursuant to this Agreement which would require additional
payments by the OWNER for any charge, expense, or reimbursement above the
maximum not to exceed fee as stated, without first having obtained written authorization
from the OWNER. The CONSULTANT shall not proceed to perform the services listed
in Article III “Additional Services,” without obtaining prior written authorization from
the OWNER.
C. ADDITIONAL SERVICES: For additional services authorized in writing by the
OWNER in Article III, the CONSULTANT shall be paid based on the Schedule of
Charges at an hourly rate shown in Exhibit A. Payments for additional services shall be
due and payable upon submission by the CONSULTANT and approval by the City staff
and shall be in accordance with subsection B hereof. Statements shall not be submitted
more frequently than monthly.
D. PAYMENT: If the OWNER fails to make payments due the CONSULTANT for
services and expenses within thirty (30) days after receipt of the CONSULTANT’s
undisputed statement thereof, the amounts due the CONSULTANT will be paid interest
in accordance with the Texas Government Code 2251.025. Additionally, the
CONSULTANT may, after giving seven (7) days’ written notice to the OWNER,
suspend services under this Agreement until the CONSULTANT has been paid in full all
amounts due for services, expenses, and charges. Nothing herein shall require the
OWNER to pay the late charge if the OWNER reasonably determines that the work is
unsatisfactory, in accordance with this Article V, “Compensation,” there is a bona fide
dispute concerning the amount due, or the invoice was not mailed to the address or in the
form as described in this Agreement. The OWNER will notify CONSULTANT of any
disputes within twenty-one (21) days of receipt of the invoice.
City of Denton, Texas Contract 7109-009
E. Invoices shall be sent directly to the City of Denton Accounts Payable Department, 215
E McKinney St, Denton, TX, 76201-4299. A pro-forma invoice shall be sent to the
contract administrator. It is the intention of the City of Denton to make payment on
completed orders within thirty days after receipt of invoice or items; whichever is later,
unless unusual circumstances arise. Invoices must be fully documented as to labor,
materials, and equipment provided, if applicable, and must reference the City of
Denton Purchase Order Number in order to be processed. No payments shall be
made on invoices not listing a Purchase Order Number.
ARTICLE VI
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT will exercise reasonable care and due diligence in discovering and
promptly reporting to the OWNER any defects or deficiencies in the work of the
CONSULTANT or any subcontractors or subconsultants.
ARTICLE VII
OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by the CONSULTANT (and CONSULTANT’s
subcontractors or subconsultants) pursuant to this 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 copies of all such documents. The documents prepared and
furnished by the CONSULTANT are intended only to be applicable to this Project, and
OWNER’s use of these documents in other projects shall be at OWNER’s sole risk and expense.
In the event the OWNER uses any of the information or materials developed pursuant to this
Agreement in another project or for other purposes than specified herein, CONSULTANT is
released from any and all liability relating to their use in that project.
ARTICLE VIII
INDEMNITY AGREEMENT
THE CONSULTANT SHALL INDEMNIFY AND SAVE AND HOLD HARMLESS
THE OWNER AND ITS OFFICERS, OFFICIALS, AGENTS, AND EMPLOYEES FROM
AND AGAINST ANY AND ALL LIABILITY, CLAIMS, DEMANDS, DAMAGES,
LOSSES, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO COURT COSTS
AND REASONABLE ATTORNEY FEES ASSERTED AGAINST OR INCURRED BY
THE OWNER, AND INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
BODILY AND PERSONAL INJURY, DEATH AND PROPERTY DAMAGE,
RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF THE
CONSULTANT OR ITS OFFICERS, SHAREHOLDERS, AGENTS, OR EMPLOYEES
INCIDENTAL TO, RELATED TO, AND IN THE EXECUTION, OPERATION, OR
PERFORMANCE OF THIS AGREEMENT.
Nothing in this Agreement shall be construed to create a liability to any person who is not
a party to this Agreement, and nothing herein shall waive any of the parties’ defenses, both at
law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this
Agreement, including the defense of governmental immunity, which defenses are hereby
expressly reserved.
City of Denton, Texas Contract 7109-009
ARTICLE IX
INSURANCE
During the performance of the services under this Agreement, CONSULTANT shall
maintain insurance in compliance with the requirements of Exhibit B which is attached hereto
and made a part of this Agreement as if written word for word herein.
ARTICLE X
ALTERNATIVE DISPUTE RESOLUTION
The parties may agree to settle any disputes under this Agreement by submitting the
dispute to mediation with each party bearing its own costs of mediation. No mediation arising
out of or relating to this Agreement, involving one party’s disagreement may include the other
party to the disagreement without the other’s approval. Mediation will not be a condition
precedent to suit.
ARTICLE XI
TERMINATION OF AGREEMENT
A. Notwithstanding any other provision of this Agreement, either party may terminate by
giving thirty (30) days’ advance written notice to the other party.
B. This Agreement may be terminated in whole or in part in the event of either party
substantially failing to fulfill its obligations under this Agreement. No such termination
will be affected unless the other party is given (1) written notice (delivered by certified
mail, return receipt requested) of intent to terminate and setting forth the reasons
specifying the non-performance, and not less than fifteen (15) calendar days to cure the
failure; and (2) an opportunity for consultation with the terminating party prior to
termination.
C. If the Agreement is terminated prior to completion of the services to be provided
hereunder, CONSULTANT shall immediately cease all services and shall render a final
bill for services to the OWNER within thirty (30) days after the date of termination. The
OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily
performed and for reimbursable expenses to termination incurred prior to the date of
termination, in accordance with Article V “Compensation.” Should the OWNER
subsequently contract with a new consultant for the continuation of services on the
Project, CONSULTANT shall cooperate in providing information. The CONSULTANT
shall turn over all documents prepared or furnished by CONSULTANT pursuant to this
Agreement to the OWNER on or before the date of termination, but may maintain copies
of such documents for its use.
ARTICLE XII
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval by the OWNER shall not constitute, nor be deemed a release of the
responsibility and liability of the CONSULTANT, its employees, associates, agents,
subcontractors, and subconsultants for the accuracy and competency of their designs or other
work; nor shall such approval be deemed to be an assumption of such responsibility by the
OWNER for any defect in the design or other work prepared by the CONSULTANT, its
employees, subcontractors, agents, and consultants.
City of Denton, Texas Contract 7109-009
ARTICLE XIII
NOTICES
All notices, communications, and reports required or permitted under this Agreement
shall be personally delivered or mailed to the respective parties by depositing same in the United
States mail to the address shown below, certified mail, return receipt requested, unless otherwise
specified herein. Mailed notices shall be deemed communicated as of three (3) days’ mailing:
To CONSULTANT: To OWNER:
SCS ENGINEERS City of Denton
DAVID MEZZACAPPA, P.E. Purchasing Manager –PSA 7109-009
1901 CENTRAL DRIVE - STE 550 901B Texas Street
BEDFORD, TX 76021 Denton, Texas 76201
All notices shall be deemed effective upon receipt by the party to whom such notice is
given, or within three (3) days’ mailing.
ARTICLE XIV
ENTIRE AGREEMENT
This Agreement and related exhibits constitute the complete and final expression of this
Agreement of the parties, and is intended as a complete and exclusive statement of the terms of
their agreements, and supersedes all prior contemporaneous offers, promises, representations,
negotiations, discussions, communications, and agreements which may have been made in
connection with the subject matter hereof.
ARTICLE XV
SEVERABILITY
If any provision of this 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
this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event,
the parties shall reform this Agreement to replace such stricken provision with a valid and
enforceable provision which comes as close as possible to expressing the intention of the stricken
provision.
ARTICLE XVI
COMPLIANCE WITH LAWS
The CONSULTANT shall comply with all federal, state, and local laws, rules,
regulations, and ordinances applicable to the work covered hereunder as those laws may now
read or hereinafter be amended.
ARTICLE XVII
DISCRIMINATION PROHIBITED
In performing the services required hereunder, the CONSULTANT shall not discriminate
against any person on the basis of race, color, religion, sex, sexual orientation, national origin or
ancestry, age, or physical handicap.
City of Denton, Texas Contract 7109-009
ARTICLE XVIII
PERSONNEL
A. The CONSULTANT represents that it has or will secure, at its own expense, all
personnel required to perform all the services required under this Agreement. Such
personnel shall not be employees or officers of, or have any contractual relations with the
OWNER. CONSULTANT shall inform the OWNER of any conflict of interest or
potential conflict of interest that may arise during the term of this Agreement.
B. All services required hereunder will be performed by the CONSULTANT or under its
supervision. All personnel engaged in work shall be qualified, and shall be authorized
and permitted under state and local laws to perform such services.
ARTICLE XIX
ASSIGNABILITY
The CONSULTANT acknowledges that this Agreement is based on the demonstrated
competence and specific qualifications of the CONSULTANT and is therefore personal as to the
CONSULTANT. Therefore, the CONSULTANT shall not assign any interest in this Agreement,
and shall not transfer any interest in this Agreement (whether by assignment, novation, or
otherwise) without the prior written consent of the OWNER.
ARTICLE XX
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, or limitation
herein contained shall be valid unless in writing and duly executed by the party to be charged
therewith, and no evidence of any waiver or modification shall be offered or received in evidence
in any proceeding arising between the parties hereto out of or affecting this Agreement, or the
rights or obligations of the parties hereunder, and unless such waiver or modification is in
writing and duly executed; and the parties further agree that the provisions of this section will not
be waived unless as set forth herein.
ARTICLE XXI
MISCELLANEOUS
A. The following exhibits are attached to and made a part of this Agreement:
Exhibit A – Consultant’s Scope of Services Offer and Project Schedule and Consultant’s
Compensation Rate Sheet
Exhibit B – Consultant’s Insurance Requirements
What is called for by one exhibit shall be as binding as if called for by all. In the event of
an inconsistency or conflict in this Agreement and any of the provisions of the exhibits,
the inconsistency or conflict shall be resolved by giving precedence first to this
Agreement then to the exhibits in the order in which they are listed above.
B. This Agreement shall be governed by, construed, and enforced in accordance with, and
subject to, the laws of the State of Texas or federal law, where applicable, without regard
to the conflict of law principles of any jurisdiction. In the event there shall be any dispute
arising out of the terms and conditions of, or in connection with, this Agreement, the
party seeking relief shall submit such dispute to the District Courts of Denton County or
if federal diversity or subject matter jurisdiction exists, to the United States District Court
for the Eastern District of Texas-Sherman Division.
City of Denton, Texas Contract 7109-009
C. For the purpose of this Agreement, the key persons who will perform most of the work
hereunder shall be __________________. However, nothing herein shall limit
CONSULTANT from using other equally qualified and competent members of its firm to
perform the services required herein.
D. CONSULTANT shall commence, carry on, and complete any and all projects with all
applicable dispatch, in a sound, economical, and efficient manner and in accordance with
the provisions hereof. In accomplishing the projects, CONSULTANT shall take such
steps as are appropriate to ensure that the work involved is properly coordinated with
related work being carried on by the OWNER.
E. The OWNER shall assist the CONSULTANT by placing at the CONSULTANT’s
disposal all available information pertinent to the Project, including previous reports, any
other data relative to the Project, and arranging for the access thereto, and make all
provisions for the CONSULTANT to enter in or upon public and private property as
required for the CONSULTANT to perform services under this Agreement.
F. The captions of this Agreement are for informational purposes only, and shall not in any
way affect the substantive terms or conditions of this Agreement.
G. The parties agree to transact business electronically. Any statutory requirements that
certain terms be in writing will be satisfied using electronic documents and signing.
Electronic signing of this document will be deemed an original for all legal purposes.
ARTICLE XXII
INDEPENDENT CONTRACTOR
CONSULTANT shall provide services to OWNER as an independent contractor, not as
an employee of the OWNER. CONSULTANT shall not have or claim any right arising from
employee status.
ARTICLE XXIII
RIGHT TO AUDIT
The OWNER shall have the right to audit and make copies of the books, records and
computations pertaining to this agreement. The CONTRACTOR shall retain such books,
records, documents and other evidence pertaining to this agreement during the contract period
and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in
which case records shall be kept until all audit tasks are completed and resolved. These books,
records, documents and other evidence shall be available, within 10 business days of written
request. Further, the CONTRACTOR shall also require all Subcontractors, material suppliers,
and other payees to retain all books, records, documents and other evidence pertaining to this
agreement, and to allow the OWNER similar access to those documents. All books and records
will be made available within a 50-mile radius of the City of Denton. The cost of the audit will
be borne by the OWNER unless the audit reveals an overpayment of 1% or greater. If an
overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs,
must be borne by the CONTRACTOR which must be payable within five business days of
receipt of an invoice.
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City of Denton, Texas Contract 7109-009
Failure to comply with the provisions of this section shall be a material breach of this contract
and shall constitute, in the OWNER’S sole discretion, grounds for termination thereof. Each of
the terms "books", "records", "documents" and "other evidence", as used above, shall be
construed to include drafts and electronic files, even if such drafts or electronic files are
subsequently used to generate or prepare a final printed document.
ARTICLE XXIV
Prohibition On Contracts With Companies Boycotting Israel
Supplier acknowledges that in accordance with Chapter 2270 of the Texas Government Code,
City is prohibited from entering into a contract with a company for goods or services unless the
contract contains a written verification from the company that it: (1) does not boycott Israel; and
(2) will not boycott Israel during the term of the contract. The terms “boycott Israel” and
“company” shall have the meanings ascribed to those terms in Section 808.001 of the Texas
Government Code. By signing this agreement, Supplier certifies that Supplier’s signature
provides written verification to the City that Supplier: (1) does not boycott Israel; and (2) will
not boycott Israel during the term of the agreement. Failure to meet or maintain the
requirements under this provision will be considered a material breach.
ARTICLE XXV
Prohibition On Contracts With Companies Doing Business with Iran, Sudan, or a
Foreign Terrorist Organization
Section 2252 of the Texas Government Code restricts CITY from contracting with companies
that do business with Iran, Sudan, or a foreign terrorist organization. By signing this agreement,
Supplier certifies that Supplier’s signature provides written verification to the City that
Supplier, pursuant to Chapter 2252, is not ineligible to enter into this agreement and will not
become ineligible to receive payments under this agreement by doing business with Iran,
Sudan, or a foreign terrorist organization. Failure to meet or maintain the requirements under
this provision will be considered a material breach.
ARTICLE XXVI
PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS
No officer, employee, independent consultant, or elected official of the City who is involved in
the development, evaluation, or decision-making process of the performance of any solicitation
shall have a financial interest, direct or indirect, in the Contract resulting from that solicitation as
defined in the City’s Ethic Ordinance 18-757 and in the City Charter chapter 2 article XI
(Ethics). Any willful violation of this section shall constitute impropriety in office, and any
officer or employee guilty thereof shall be subject to disciplinary action up to and including
dismissal. Any violation of this provision, with the knowledge, expressed or implied, of the
Contractor shall render the Contract voidable by the City. The Contractor shall complete and
submit the City’s Conflict of Interest Questionnaire.
City of Denton, Texas Contract 7109-009
ARTICLE XXVII
CERTIFICATE OF INTERESTED PARTIES ELECTRONIC FILING
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the
Government Code. The law states that the City may not enter into this contract unless the
Contractor submits a disclosure of interested parties (Form 1295) to the City at the time the
Contractor submits the signed contract. The Texas Ethics Commission has adopted rules
requiring the business entity to file Form 1295 electronically with the Commission.
Contractor will be required to furnish a Certificate of Interest Parties before the contract is
awarded, in accordance with Government Code 2252.908.
The contractor shall:
1. Log onto the State Ethics Commission Website at :
https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm
2. Register utilizing the tutorial provided by the State
3. Print a copy of the completed Form 1295
4. Enter the Certificate Number on page 2 of this contract.
5. Complete and sign the Form 1295
6. Email the form to purchasing@cityofdenton.com with the contract number in the subject
line. (EX: Contract 1234 – Form 1295)
The OWNER must acknowledge the receipt of the filed Form 1295 not later than the 30th day
after Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics
Commission’s website within seven business days.
City of Denton, Texas Contract 7109-009
IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be
executed by its duly authorized City Manager, and CONSULTANT has executed this Agreement
through its duly authorized undersigned officer on this date______________________.
CITY OF DENTON, TEXAS
“OWNER”
__________________________________
TODD HILEMAN, CITY MANAGER
JENNIFER WALTERS, CITY SECRETARY
ATTEST:
CITY SECRETARY
By: ______________________________
BY: _______________________________
SCS ENGINEERS
A TEXAS CORPORATION
“CONSULTANT”
BY:
ITS:
_______________________________
TEXAS ETHICS COMMISSION
CERTIFICATE NUMBER
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
_______________ ________________
SIGNATURE PRINTED NAME
__________________________________
TITLE
__________________________________
DEPARTMENT
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1901 Central Drive, Suite 550 Bedford, Texas | 817-571-2288 | eFax 817-571-2188
Environmental Consulting & Contracting
May 28, 2020
Proposal No. 160162218
Mr. Brian Boerner, CPM, CHMM (sent via email)
Director of Solid Waste
City of Denton
1527 S. Mayhill Road
Denton, Texas 76208
Re: Landfill Gas-to-Energy (LFGE) Beneficial-Use Assessment
City of Denton Landfill
Dear Brian:
Per your request, SCS Engineers is pleased to present this proposal to you to develop an LFGE
Beneficial-Use Assessment for the City of Denton Landfill (landfill). As we discussed in our work with
you last year, we believe that this type of assessment will be beneficial to the City in assessing
appropriate options for the beneficial-use of the landfill’s gas resource.
We have structured this proposal with two primary tasks and two optional tasks as follows:
x Task 1 - LFGE Beneficial-Use Assessment;
x Task 2 - Meetings/Presentations;
x Task 3 - On-Call Support for City-Requested Follow-Up (Optional); and
x Task 4 - Landfill Phasing Plan (Optional).
Based on our understanding of the project objectives, we have developed the following scope of
services for your consideration.
SCOPE OF SERVICES
Task 1 - LFGE Beneficial-Use Assessment
For this task, SCS will prepare an LFGE Beneficial-Use Assessment (hereafter referred to as the
Report), for the landfill. This Report will include the following sections:
x Landfill background;
x Landfill gas recovery projections;
x Landfill gas collection and control system (GCCS) upgrades and costs;
x Beneficial-use options considered;
x Procurement and ownership options;
x Financial analysis of select option(s); and
x Conclusions and recommendations.
Exhibit A
Mr. Brian Boerner
May 28, 2020
Page 2
M:\BD\Proposals\Denton\2020\160059220 LFGE Study\P052820 Denton LFGE Analysis.docx
Landfill Gas Recovery Projections
Preparing landfill gas recovery projections will be one of the first tasks associated with the Report.
SCS last prepared landfill gas recovery projections for the landfill in January 2019 using a unique
“variable k” recovery model that SCS had previously developed. The SCS model allows adjustments
to waste decay rate (k) to account for the impacts of enhanced liquids recirculation (ELR), which
occurred from 2010 to 2018. SCS will update this prior effort to account for the anticipated impact of
the ELR program, which has been terminated, in our estimates of future landfill gas (LFG) production.
LFG recovery will be calculated for four different groups of landfill phases, which allows for a more
precise evaluation of different disposal areas with varying moisture levels and LFG collection system
coverage.
We will utilize our completed assessment of the historic ELR program and the prior data for the Report.
New information to be obtained and incorporated into the updated LFG recovery projections will
include:
x Revised permitted site capacity and projected closure date associated with the impending
issuance of the permit amendment for the landfill expansion;
x Amounts of municipal solid waste (MSW), construction and demolition (C&D) waste, inert wastes,
and other non-MSW categories disposed at the landfill in 2018, 2019, and 2020 through April;
x Projected future growth in waste disposal (per communications with the City) and planned
locations (phases) for disposal;
x Actual gas system recovery data covering September 2018 through April 2020, including daily
measurements of methane percentages and gas flows to each control device suitable for
calculating monthly averages;
x Wellfield monitoring data for 2019 and 2020; and
x Liquid level monitoring data, if available.
SCS will assess the effectiveness of the existing GCCS and update current estimates of collection
system coverage based on the following: estimated site conditions at the landfill, recent historical
landfill gas recovery data, and a review of data on the design, operations, and maintenance of the gas
system. Since the landfill gas being generated exceeded the capacity of the current beneficial-use, we
understand that the GCCS has not been operated historically to maximize recovery. Nevertheless, for
this Report, we will evaluate potential recovery with an expanded wellfield being maximized for
recovery. SCS will develop estimates of future collection system coverage based on the following
considerations:
x The existing gas system design and assumptions on a schedule for system improvements and
expansions into new waste disposal cells. Our estimates will assume that improvements
needed to upgrade the existing system for beneficial-use will be conducted;
x Future phasing as available from SCS’ work as indicated below and the updated phasing plan
provided by SCS (if the City authorizes the optional Task 4) will be reflected in the recovery
projections; and
x As applicable, the LFG recovery projections will encompass a high-Btu project’s requirements
on achieving maximum gas quality and recovery rates.
Our recovery projections will include the following items:
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1. Tables providing the following information through the projection period which will be at least the
twenty-year pro forma analysis period to evaluate LFGE options) and:
x Historical and projected future disposal rates;
x Projected recovery potential (maximum amount of gas available for recovery before accounting
for collection system coverage); and
x Historical collection system coverage estimates and future coverage estimates.
2. A graph showing the following information for the period covering the year the landfill opened
through at least the twenty-year pro forma analysis period:
x Projected recovery potential for the landfill;
x Actual historical recovery rates for the landfill; and
x Projected recovery with the existing and planned collection system.
Lastly, though no engineer can guarantee gas projections, the City should be aware that the recovery
projections provided by SCS will be useful so that City staff can have accurate projections to discuss
with potential developers when discussing possible projects.
GCCS Master Plan and Assessment
Based on our discussions in preparing this proposal, the City has not yet had a GCCS Master Plan
prepared for the landfill. SCS utilizes these types of plans to determine GCCS requirements for
beneficial-use projects. The GCCS Master Plan created as part of this Report will provide guidance,
based on supporting assumptions and calculations, on: well spacing, ultimate header/lateral pipe
sizing, condensate generation/design, and blower/flare sizing for the GCCS at build-out over the next
twenty years. The GCCS build-out will be depicted at final grade. For this effort, it is assumed that the
“Future GCCS Layout” (Figure III F-F-2) included in the Landfill Gas Management Plan will be provided
in AutoCAD for our use, and further refined for collection of landfill gas for beneficial-use. This plan is
necessary for our LFGE assessment to adequately judge future recovery, to size major gas system
components (so they will meld with future needs), and to serve as a basis for estimating required
capital cost expenditures for gas system construction over the assessment period.
For this part of the Report, we will utilize the recovery projections described above and prepare a GCCS
Master Plan, which will be an attachment to the overall assessment report. This plan will include a
plan-view drawing, standard details, backup calculations, summary of model results and other
necessary information. As part of this effort we will perform KYGas modeling for sizing the gas system
piping network. The plan-view drawing will show the well and pipe network layout at final grades, which
can be used by the City for future GCCS expansions and for planning purposes. This plan will be used
as a template for estimating current system upgrades needed and periodic phasing of the gas system
to support beneficial-use of the landfill gas in the proposed assessment.
If optional Task 4 landfill phasing plan is also accepted by the City, our GCCS phasing will be
incorporated in more detailed into the overall landfill phasing plans, including estimated timing of each
expansion further refined.
Beneficial-Use Options, Pro Formas, and Recommendations
Our beneficial-use options section will include a discussion of the following types of LFGE projects:
high-Btu (will include an overview of various high-Btu technologies), medium-Btu, electric generation,
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and baseline flaring. It is understood that electric generation, which the City plans to decommission,
and medium-Btu may not be economically feasible and as such, will not warrant detailed
consideration. For these two alternatives, we will present an overview and note why they are generally
not being developed at landfills in Texas. For the types of projects we are seeing developed at this
time (such as high-Btu), we will provide an overview of the technology, discuss why it is a popular
development option, and provide an economic analysis in a later section of the Report.
We will include a section on procurement and ownership options for LFGE projects. This will outline
several different structures for ownership and operation of an LFGE project. There will then be a Report
section showing the financial analysis of the preferred option(s) over a subsequent twenty-year period.
The pro forma(s) will show the main capital and operating costs, as well as the expected level of
revenue. Lastly, the report will provide conclusions and recommendations.
Throughout the development of the Report, as needed, SCS may request additional information from
you. SCS will prepare the draft report, and provide it to you for review. We will be available to discuss
the report via telephone (assuming for the Report that no in-person meetings will be conducted). We
will address your comments, and provide a final Report sealed by a professional engineer in the State
of Texas.
Task 2 – Meetings/Presentations
This task provides for three meetings on three separate days to present the report to: the Solid Waste
Staff, the Public Utilities Board, and City Council. Up to two SCS staff will be present for each meeting
(likely the report’s Technical Lead and Project Manager). For this task, we also have allotted time to
work with you and/or your staff to prepare a PowerPoint summary of the Report’s contents and/or
handouts.
Task 3 - On-Call Support for City-Requested Follow-Up (Optional)
This optional time-and-materials task is included in the event that, as part of our meetings or at the
request of City staff, more meetings or specific follow-up information is requested that was not part of
the original report. This task could be used, for example, if someone on the City Council requested
some specific information or to expand on a particular aspect of the report. The budget of this task
will only be utilized with the prior approval of the City.
Task 4 – Landfill Phasing Plan (Optional)
Like many landfills in Texas, the City’s landfill has been operating since the early 1980s and the landfill
permit has been amended to add capacity, and modified to address various other regulatory issues.
In 2017, the City submitted a permit amendment application, which is currently in the final stages of
permit issuance. When approved, this application will provide for a significant expansion of the landfill,
horizontally and vertically.
Benefits Associated with this Proposed Phasing Plan. Based on our review of the current permit
documents and our familiarity with the City’s Landfill, we envision the following benefits associated
with our proposed phasing plan:
x Deferring capital expenditures for cell construction as long as feasibly prudent;
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x Optimizing airspace utilization and providing the City with a timeframe for capital expenditures
for future cell construction;
x Assisting the City in forecasting capital expenditure for cell construction and expansion of the
GCCS;
x Planning for on-site roads in a manner such that the utilization of the roads will be optimized
over longer periods, thereby enhancing the investment in road construction. Note: The vertical
relief of over 200 feet from the bottom of the excavation to the top of the completed landfill
creates particular benefits for this landfill phasing plan;
x Minimizing double-handling of excavated soil by proper planning of soil stockpiles and
beneficial-use of soil during construction; e.g., utilizing excavated soil for construction of on-
site roads or perimeter berms; and
x Most importantly for this project, by completing the phasing plan as part of this LFGE
beneficial-use assessment, the landfill phasing will then also be utilized to benefit the phase
planning for the expansion of the GCCS, thereby enhancing our capital cost estimates for the
GCCS. Note, sizing of GCCS components will be performed under Task 1, related to
preparation of the GCCS Master Plan and build-out of the gas system over a period of 20 years
(LFGE beneficial-use assessment period).
Utilizing the most recent topographic map of the site (to be provided by the City in electronic form), we
will develop a series of drawings that depict the continued filling of the landfill, including the
development of a strategically located access road. These drawings will depict the development of
not only the sequential filling of the waste mass, but also the sequential construction of the on-site
haul road and expansion of the GCCS. The fill contours of the waste mass will be developed to enable
construction of the haul road using waste as the road sub-base to the maximum extent possible,
thereby saving in soil utilization and the related cost. Also, the phasing plans will take into
consideration the following key aspects of the landfill, as currently developed and as reflected in the
currently approved Site Development Plans:
x Current on-site roads, site contours and drainage patterns (including existing and proposed
let-down structures), as reflected in most recent topographic map of the landfill; and
x Key features of the landfill, including locations of leachate sumps, GCCS components,
groundwater monitoring wells and perimeter gas probes.
Develop Interim Contour Plans depicting the Phased Evolution of the Waste Mass, On-Site Haul Roads,
and GCCS. In this task, we will develop interim contour plans showing the phased development of the
landfill. Up to five discreet phases will be developed in consideration of the following parameters, over
an assumed period of 20 years:
x Developing interim grades that are achievable based on the current footprint of the landfill;
x City preferences (including visual screening of operations from nearby residences);
x Construction of onsite internal haul roads; and
x Plans for continued expansion of the GCCS, as defined in the GCCS Master Plan development
included in Task 1.
On-site road alignments will be developed in consideration of the following:
x Suggested maximum grades of eight percent pending confirmation of this being acceptable to
the City;
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x Utilization of waste materials to achieve road subgrade elevations to conserve soil utilization;
and
x Maximizing the use of the proposed road locations. The roads will be developed in a manner
that they will be used for as long a time period as is logistically feasible.
Draft phasing plans will be presented to the City for review and comment at the conclusion of this task.
Following review by the City, we will finalize the phasing plans.
Volume Calculations Associated with the Selected Phases of Landfill Development. For each phase of
landfill development, we will calculate the associated airspace consumed and operating life. We will
then summarize these values in a table which will include, at a minimum, the following data:
Description of
Phase
Airspace
(CY)
Waste Capacity Cumulative Waste
Capacity (Tons)
Operating
Life (Months) (CY) (Tons)
Technical Memorandum (TM) Summarizing Phasing Plan. The results of developing this phasing plan
will be summarized in a TM, which will describe each of the phases that will be supported by the
drawings depicting the phases and the table which summarizes important data as shown above.
Information in this TM will prove useful in projecting when capital expenditures will be required for
constructing the landfill cells and GCCS infrastructure.
PROPOSED FEE AND SCHEDULE
SCS’ proposed fees for the tasks included in this proposal are included in the table below. All tasks
are shown as lump sum except for Tasks 3, which is included as time-and-materials task since the
scope may vary depending on the additional services needed. Our current fee schedule is attached.
Table 1
Proposed Fee
Task No. Task Title Proposed Fee
1 LFGE Beneficial-Use Report $39,580
2 Meetings/Presentations $13,740
3 On-Call Support for City-Requested Follow-Up (Optional) $5,000
Tasks 1-3 Total $58,320
4 Landfill Phasing Plan (Optional) $16,300
Total Including Task 4 $74,620
Regarding our schedule, we will provide a draft report within approximately 8 weeks of the City’s notice-
to-proceed, and complete the report within 2 weeks of City comments. If the City includes Task 4, an
additional 4 weeks will be included for the more detailed report contents. SCS will work with the City
regarding the needed schedule for all meetings.
Mr. Brian Boerner
May 28, 2020
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We appreciate this opportunity to provide this proposal to you. If you have any questions, please
contact David Mezzacappa, P.E. at (817) 358-6108.
Sincerely,
David J. Mezzacappa, P.E. Ryan Kuntz, P.E.
Vice President/Project Director Vice President/Satellite Office Manager
SCS ENGINEERS SCS ENGINEERS
Attachment
Environmental Management Consultants
Offices Nationwide
1901 Central Drive
Suite 550
Bedford, Texas 76021
817.571.2288 Main
12651 Briar Forest Drive
Suite 205
Houston, Texas 77077
281.293.8494 Main
M:BD\Fee Sched\\2017\SCS Engr Office 16 Fee schedule 040120-033121.docx
SCS ENGINEERS FEE SCHEDULE
(Effective April 1, 2020 through March 31, 2021)
Rate/Hour ($)
Business Unit Director ........................................................................ 230
Project Advisor ..................................................................................... 220
Satellite Office Manager ..................................................................... 220
Project Director II .............................................................................. 210
Project Director I ................................................................................. 195
Project Manager II ............................................................................. 175
Project Manager I .............................................................................. 165
CQA Manager ....................................................................................... 160
Senior Project Professional ................................................................ 160
Project Professional II ......................................................................... 135
Project Professional I .......................................................................... 130
Sr. Staff Professional ………………………………………………... 120
Staff Professional II ........................................................................... 115
Staff Professional I ............................................................................ 110
Associate Staff Professional ............................................................... 100
CAD Designer ....................................................................................... 125
CAD Draftsperson ................................................................................ 80
Office Service Manager ....................................................................... 105
Secretarial/Clerical ............................................................................. 75
Sr. Technician ...................................................................................... 100
Technician ............................................................................................ 90
CQA Technician .................................................................................... 70
1.The hourly rates are effective through March 31, 2021. Work performed thereafter is
subject to a new Fee Schedule issued for the period beginning April 1, 2021. Consistent
with federal regulations, a factor of 150% will be applied to overtime hours for field
personnel.
2.The above rates include salary, overhead, administration, and profit. Other direct
expenses, such as analyses of air, water and soil samples, reproduction, travel,
subsistence, subcontractors, long distance telephone, computers, etc., are billed at actual
cost plus 15 percent. Vehicle mileage is billed at $0.66 per mile for autos and $0.76 per
mile for company trucks. Daily rates apply on long-term projects.
3.Invoices will be prepared monthly for work in progress unless otherwise agreed. Invoices
are due and payable upon receipt.
4.Payment of SCS Invoices for services performed will not be contingent upon the client's
receipt of payment from other parties, unless otherwise agreed. Client agrees to pay legal
costs, including attorney's fees, incurred by SCS in collecting any amount past due and
owing on client's account.
5.For special situations, such as expert court testimony and limited consultation, hourly
rates for principals of the firm will be on an individually-negotiated basis.
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance requirements below. It is highly recommended
that bidders confer with their respective insurance carriers or brokers to determine in advance
of Bid submission the availability of insurance certificates and endorsements as prescribed
and provided herein. If an apparent low bidder fails to comply strictly with the insurance
requirements, that bidder may be disqualified from award of the contract. Upon bid award, all
insurance requirements shall become contractual obligations, which the successful bidder
shall have a duty to maintain throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall
provide and maintain until the contracted work has been completed and accepted by the City of
Denton, Owner, the minimum insurance coverage as indicated hereinafter.
As soon as practicable after notification of bid award, Contractor shall file with the Purchasing
Department satisfactory certificates of insurance, containing the bid number and title of the
project. Contractor may, upon written request to the Purchasing Department, ask for
clarification of any insurance requirements at any time; however, Contractors are strongly
advised to make such requests prior to bid opening, since the insurance requirements may not be
modified or waived after bid opening unless a written exception has been submitted with the bid.
Contractor shall not commence any work or deliver any material until he or she receives
notification that the contract has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall comply
with the following general specifications, and shall be maintained in compliance with these
general specifications throughout the duration of the Contract, or longer, if so noted:
x Each policy shall be issued by a company authorized to do business in the State of
Texas with an A.M. Best Company rating of at least A- VII or better.
x Any deductibles or self-insured retentions shall be declared in the bid proposal. If
requested by the City, the insurer shall reduce or eliminate such deductibles or
self-insured retentions with respect to the City, its officials, agents, employees and
volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
x Liability policies shall be endorsed to provide the following:
x Name as additional insured the City of Denton, its Officials, Agents,
Employees and volunteers.
EXHIBIT B
x That such insurance is primary to any other insurance available to the
additional insured with respect to claims covered under the policy and that this
insurance applies separately to each insured against whom claim is made or
suit is brought. The inclusion of more than one insured shall not operate to
increase the insurer's limit of liability.
x Provide a Waiver of Subrogation in favor of the City of Denton, its officials,
agents, employees, and volunteers.
x Cancellation: City requires 30 day written notice should any of the policies
described on the certificate be cancelled before the expiration date.
x Should any of the required insurance be provided under a claims-made form,
Contractor shall maintain such coverage continuously throughout the term of
this contract and, without lapse, for a period of three years beyond the contract
expiration, such that occurrences arising during the contract term which give
rise to claims made after expiration of the contract shall be covered.
x Should any of the required insurance be provided under a form of coverage that
includes a general annual aggregate limit providing for claims investigation or
legal defense costs to be included in the general annual aggregate limit, the
Contractor shall either double the occurrence limits or obtain Owners and
Contractors Protective Liability Insurance.
x Should any required insurance lapse during the contract term, requests for
payments originating after such lapse shall not be processed until the City
receives satisfactory evidence of reinstated coverage as required by this
contract, effective as of the lapse date. If insurance is not reinstated, City may,
at its sole option, terminate this agreement effective on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally
comply with the following marked specifications, and shall be maintained in compliance with
these additional specifications throughout the duration of the Contract, or longer, if so noted:
[X ]A.General Liability Insurance:
General Liability insurance with combined single limits of not less than
$1,000,000.00 shall be provided and maintained by the Contractor. The policy shall
be written on an occurrence basis either in a single policy or in a combination of
underlying and umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is
used:
EXHIBIT B
x Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this
contract and broad form property damage coverage.
x Coverage B shall include personal injury.
x Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) is used, it shall include at least:
x Bodily injury and Property Damage Liability for premises, operations,
products and completed operations, independent contractors and property
damage resulting from explosion, collapse or underground (XCU)
exposures.
x Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability.
[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined
Single Limits (CSL) of not less than $500,000.00 either in a single policy or in a
combination of basic and umbrella or excess policies. The policy will include bodily
injury and property damage liability arising out of the operation, maintenance and use of
all automobiles and mobile equipment used in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
x any auto, or
x all owned, hired and non-owned autos.
[X]Workers’ Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, in
addition to meeting the minimum statutory requirements for issuance of such insurance,
has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 policy limit for occupational disease. The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any work
performed for the City by the Named Insured. For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance with
§406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's
Compensation Commission (TWCC).
[ ]Owner's and Contractor's Protective Liability Insurance
EXHIBIT B
The Contractor shall obtain, pay for and maintain at all times during the prosecution of
the work under this contract, an Owner's and Contractor's Protective Liability insurance
policy naming the City as insured for property damage and bodily injury which may arise
in the prosecution of the work or Contractor's operations under this contract. Coverage
shall be on an "occurrence" basis, and the policy shall be issued by the same insurance
company that carries the Contractor's liability insurance. Policy limits will be at least
combined bodily injury and property damage per occurrence with a aggregate.
[X]Professional Liability Insurance
Professional liability insurance with limits not less than $1,000,000 per claim with
respect to negligent acts, errors or omissions in connection with professional services is
required under this Agreement.
[ ]Builders' Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be
provided. Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear.
[ ]Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside
the premises, burglary of the premises, and employee fidelity. The employee fidelity
portion of this coverage should be written on a “blanket” basis to cover all employees,
including new hires. This type insurance should be required if the contractor has access
to City funds. Limits of not less than each occurrence are required.
[ ]Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts and
specific service agreements. If such additional insurance is required for a specific
contract, that requirement will be described in the "Specific Conditions" of the contract
specifications.
EXHIBIT B
ATTACHMENT 1
[]Workers’ Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate")-A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's employees
providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the
project until the contractor's/person's work on the project has been completed and
accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) - includes all
persons or entities performing all or part of the services the contractor has
undertaken to perform on the project, regardless of whether that person contracted
directly with the contractor and regardless of whether that person has employees.
This includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner-operators, employees of any such entity, or
employees of any entity which furnishes persons to provide services on the project.
"Services" include, without limitation, providing, hauling, or delivering equipment or
materials, or providing labor, transportation, or other service related to a project.
"Services" does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any overage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all employees
of the Contractor providing services on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental entity prior
to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage ends
during the duration of the project, the contractor must, prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity
showing that coverage has been extended.
E. The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
1) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage
for all persons providing services on the project; and
EXHIBIT B
2) no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project.
F. The contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the contractor knew or should have known, of
any change that materially affects the provision of coverage of any person providing
services on the project.
H. The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how
a person may verify coverage and report lack of coverage.
I. The contractor shall contractually require each person with whom it contracts to
provide services on a project, to:
1) provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all of its employees
providing services on the project, for the duration of the project;
2) provide to the contractor, prior to that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for all employees
of the person providing services on the project, for the duration of the project;
3) provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
4) obtain from each other person with whom it contracts, and provide to the
contractor:
a) certificate of coverage, prior to the other person beginning work on the
project; and
b) a new certificate of coverage showing extension of coverage, prior to the
end of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
5) retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
6) notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on
the project; and
EXHIBIT B
7) Contractually require each person with whom it contracts, to perform as required
by paragraphs (1) - (7), with the certificates of coverage to be provided to the
person for whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate of
coverage, the contractor is representing to the governmental entity that all employees
of the contractor who will provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that the coverage will be based
on proper reporting of classification codes and payroll amounts, and that all coverage
agreements will be filed with the appropriate insurance carrier or, in the case of a self-
insured, with the commission's Division of Self-Insurance Regulation. Providing
false or misleading information may subject the contractor to administrative penalties,
criminal penalties, civil penalties, or other civil actions.
K.The contractor’s failure to comply with any of these provisions is a breach of contract
by the contractor which entitles the governmental entity to declare the contract void if
the contractor does not remedy the breach within ten days after receipt of notice of
breach from the governmental entity.
EXHIBIT B
CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business
relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section
176.006(a).
By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business
day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local
Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this
section is a misdemeanor.
1 Name of vendor who has a business relationship with local governmental entity.
2
Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day
after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3 Name of local government officer about whom the information in this section is being disclosed.
Name of Officer
This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business
relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the
vendor?
Yes No
B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government
officer named in this section AND the taxable income is not received from the local governmental entity?
Yes No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves
as an officer or director, or holds an ownership of one percent or more?
Yes No
D.Describe each employment or business and family relationship with the local government officer named in this section.
4 I have no Conflict of Interest to disclose.
5
Signature of vendor doing business with the governmental entity Date
EXHIBIT B
Exhibit
CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as
defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after
the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a
misdemeanor.
1 Name of vendor who has a business relationship with local governmental entity.
2
Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business
day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3 Name of local government officer about whom the information in this section is being disclosed.
Name of Officer
This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship
as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?
Yes No
B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer
named in this section AND the taxable income is not received from the local governmental entity?
Yes No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an
officer or director, or holds an ownership of one percent or more?
Yes No
D. Describe each employment or business and family relationship with the local government officer named in this section.
4
I have no Conflict of Interest to disclose.
5
Signature of vendor doing business with the governmental entity Date
Certificate Of Completion
Envelope Id: 25DAA580570A42CB8C87976B5621ECC4 Status: Completed
Subject: ****City Manager Approval ******Docusign Item 7109-009 Landfill Gas-to-Energy
Source Envelope:
Document Pages: 32 Signatures: 7 Envelope Originator:
Certificate Pages: 6 Initials: 0 Lori Hewell
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
lori.hewell@cityofdenton.com
IP Address: 129.120.6.150
Record Tracking
Status: Original
5/29/2020 10:59:54 AM
Holder: Lori Hewell
lori.hewell@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 129.120.6.150
Sent: 5/29/2020 11:05:36 AM
Viewed: 5/29/2020 11:05:51 AM
Signed: 5/29/2020 11:08:36 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 129.120.6.150
Sent: 5/29/2020 11:08:38 AM
Viewed: 5/29/2020 12:13:56 PM
Signed: 5/29/2020 12:14:00 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
David J. Mezzacappa, P.E
dmezzacappa@scsengineers.com
Vice President
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 172.87.161.170
Sent: 5/29/2020 12:14:03 PM
Viewed: 5/29/2020 12:28:05 PM
Signed: 5/29/2020 12:34:12 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Brian Boerner
brian.boerner@cityofdenton.com
Director of Solid Waste
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 129.120.6.150
Sent: 5/29/2020 12:34:15 PM
Viewed: 5/29/2020 12:41:41 PM
Signed: 5/29/2020 12:44:17 PM
Electronic Record and Signature Disclosure:
Accepted: 5/29/2020 12:41:41 PM
ID: 980834a1-1c56-47da-a658-4d77a1f5bae3
Signer Events Signature Timestamp
Todd Hileman
todd.hileman@cityofdenton.com
City Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 129.120.6.150
Sent: 5/29/2020 12:44:21 PM
Viewed: 5/29/2020 1:08:45 PM
Signed: 5/29/2020 1:08:59 PM
Electronic Record and Signature Disclosure:
Accepted: 7/25/2017 11:02:14 AM
ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21
Rosa Rios
rosa.rios@cityofdenton.com
City Secretary
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 129.120.6.150
Sent: 5/29/2020 1:09:03 PM
Viewed: 5/29/2020 1:11:06 PM
Signed: 5/29/2020 1:11:43 PM
Electronic Record and Signature Disclosure:
Accepted: 5/29/2020 1:11:06 PM
ID: b478340e-0ed0-4d2b-8efe-1b88aa2dc4fc
In Ierson Signer Events Signature Timestamp
Editor DeliverI Events Status Timestamp
Igent DeliverI Events Status Timestamp
IntermediarI DeliverI Events Status Timestamp
Certified DeliverI Events Status Timestamp
CarIon CopI Events Status Timestamp
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 5/29/2020 11:08:38 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 5/29/2020 1:11:46 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Iitness Events Signature Timestamp
IotarI Events Signature Timestamp
Envelope SummarI Events Status Timestamps
Envelope Sent Hashed/Encrypted 5/29/2020 1:11:46 PM
Certified Delivered Security ChecRed 5/29/2020 1:11:46 PM
Signing Complete Security ChecRed 5/29/2020 1:11:46 PM
Envelope SummarI Events Status Timestamps
Completed Security ChecRed 5/29/2020 1:11:46 PM
IaIment Events Status Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Denton (we, us or Company) may be required by law to provide to
you certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically through your DocuSign, Inc.
(DocuSign) Express user account. Please read the information below carefully and thoroughly,
and if you can access this information electronically to your satisfaction and agree to these terms
and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of
this document.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. For such copies, as long as you are an authorized user of the
DocuSign system you will have the ability to download and print any documents we send to you
through your DocuSign user account for a limited period of time (usually 30 days) after such
documents are first sent to you. After such time, if you wish for us to send you paper copies of
any such documents from our office to you, you will be charged a $0.00 per-page fee. You may
request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your
DocuSign account. This will indicate to us that you have withdrawn your consent to receive
required notices and disclosures electronically from us and you will no longer be able to use your
DocuSign Express user account to receive required notices and consents electronically from us
or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through your DocuSign user account all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or
made available to you during the course of our relationship with you. To reduce the chance of
you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
!!"
"!
! !
How to contact City of Denton:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: purchasing@cityofdenton.com
To advise City of Denton of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com
and in the body of such request you must state: your previous e-mail address, your new e-mail
address. We do not require any other information from you to change your email address..
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in DocuSign.
To request paper copies from City of Denton
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an e-mail to purchasing@cityofdenton.com and in
the body of such request you must state your e-mail address, full name, US Postal address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Denton
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent
page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you
must state your e-mail, full name, IS Postal Address, telephone number, and account
number. We do not need any other information from you to withdraw consent.. The
consequences of your withdrawing consent for online documents will be that transactions
may take a longer time to process..
Required hardware and software
Operating Systems: Windows2000? or WindowsXP?
Browsers (for SENDERS): Internet Explorer 6.0? or above
Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0,
NetScape 7.2 (or above)
Email: Access to a valid email account
Screen Resolution: 800 x 600 minimum
Enabled Security Settings:
•Allow per session cookies
•Users accessing the internet behind a Proxy
Server must enable HTTP 1.1 settings via
proxy connection
** These minimum requirements are subject to change. If these requirements change, we will
provide you with an email message at the email address we have on file for you at that time
providing you with the revised hardware and software requirements, at which time you will
have the right to withdraw your consent.
Acknowledging your access and consent to receive materials electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please verify that you
were able to read this electronic disclosure and that you also were able to print on paper or
electronically save this page for your future reference and access or that you were able to
e-mail this disclosure and consent to an address where you will be able to print on paper or
save it for your future reference and access. Further, if you consent to receiving notices and
disclosures exclusively in electronic format on the terms and conditions described above,
please let us know by clicking the 'I agree' button below.
By checking the 'I Agree' box, I confirm that:
• I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF
ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
• I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
• Until or unless I notify City of Denton as described above, I consent to receive from
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to me by City of Denton during the course of my relationship with you.