7109-013 - Amendment 1 Executed
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
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Contract Expiration
Ordinance
DocuSign Envelope ID: C8088575-DF1B-4C95-8D89-8F3C8A8083ED
Crystal Westbrook
MOSELEY RD EROSION MAINTENANCE-AMENDMENT 1
PSA
Not Applicable
7109-013
N/A
AUGUST 2, 2022
22-1462
7109-013 PSA – Amendment #1 Page 1 of 2
FIRST AMENDMENT TO CONTRACT
BY AND BETWEEN THE CITY OF DENTON, TEXAS
AND PARKHILL, SMITH & COOPER, INC.
PSA 7109-013
THE STATE OF TEXAS §
COUNTY OF DENTON §
THIS FIRST AMENDMENT TO CONTRACT 7109-013 (“Amendment”) by and
between the City of Denton, Texas (“City”) and Parkhill, Smith & Cooper, Inc.
(“Engineer”); to that certain contract executed on October 23, 2020, in the original not-to-
exceed amount of $43,490 (the “Agreement”); for services related to the Moseley Road
Erosion Maintenance.
WHEREAS, the City deems it necessary to further expand the services provided by
Consultant to the City pursuant to the terms of the Agreement, and to provide an additional
not-to-exceed amount $130,900 with this Amendment for an aggregate not-to-exceed
amount of $174,390; and
FURTHERMORE, the City deems it necessary to further expand the goods/services
provided by Engineer to the City;
NOW THEREFORE, the City and Engineer (hereafter collectively referred to as the
“Parties”), in consideration of their mutual promises and covenants, as well as for other
good and valuable considerations, do hereby AGREE to the following Amendment, which
amends the following terms and conditions of the said Agreement, to wit:
1. The additional services described in Exhibit “A” of this Amendment, attached
hereto and incorporated herein for all purposes, for professional services related to
the Moseley Road Erosion Maintenance, are hereby authorized to be performed by
Engineer. For and in consideration of the additional services to be performed by
Engineer, the City agrees to pay, based on the cost estimate detail attached as
Exhibit “A”, a total fee, including reimbursement for non-labor expenses an amount
not to exceed $130,900.
2. This Amendment modifies the Agreement amount to provide an additional
$130,900 for the additional services with a revised aggregate not to exceed total of
$174,390.
The Parties hereto agree, that except as specifically provided for by this Amendment, that
all of the terms, covenants, conditions, agreements, rights, responsibilities, and obligations
of the Parties, set forth in the Agreement remain in full force and effect.
DocuSign Envelope ID: C8088575-DF1B-4C95-8D89-8F3C8A8083ED
7109-013 PSA – Amendment #1 Page 2 of 2
IN WITNESS WHEREOF, the City and the Consultant, have each executed this
Amendment electronically, by and through their respective duly authorized representatives
and officers on this date _________________________.
“City”
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By:
_________________________________
AUTHORIZED SIGNOR, TITLE
“Engineer”
PARKHILL, SMITH & COOPER, INC.
By:
_________________________________
AUTHORIZED SIGNOR, TITLE
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
_______________ ________________
SIGNATURE PRINTED NAME
__________________________________
TITLE
__________________________________
DEPARTMENT
DocuSign Envelope ID: C8088575-DF1B-4C95-8D89-8F3C8A8083ED
Principal
Director of Solid Waste
SWR
Brian Boerner
08/02/2022
City Manager
June 13, 2022
Mr. Arturo Garcia
Site Operations Manager/HCC Manager
Solid Waste and Recycling
City of Denton
1527 S. Mayhill Rd.
Denton, TX 76208
Re: Moseley Road Erosion Maintenance
PO 194780
Contract Amendment Request
Dear Mr. Garcia,
As requested, Parkhill (Engineer) has prepared this scope of services and engineering fee
proposal for providing the City of Denton Solid Waste and Recycling Department (Owner) with
municipal solid waste engineering support.
Project Understanding
Generally, the Project includes work to complete erosion maintenance and final soil cover repair
at the City’s Moseley Road Landfill, located in Crossroads, Texas. The original Contract
comprised three tasks (1) TCEQ Authorization, (2) Design & Bidding, and (3) Construction
Administration. These tasks were originally included in a proposal dated June 10, 2020. Since
that time, the 60% design deliverable was submitted to the City on February 5, 2021, and
subsequently the project was put on hold for approximately 12 months, leading to labor cost
increases, and costs associated with restarting the project, not anticipated in the original proposal.
The final plan set was submitted to the City on April 28, 2022. Parkhill has been asked to provide
additional engineering services for the construction phase. Engineer will provide engineering
services for the following tasks:
1. Texas Commission on Environmental Quality (TCEQ) Authorization (Revised)
2. Design & Bidding (Revised)
3. Construction Administration (Revised)
4. Borrow Soil Source Evaluation (Additional Services)
5. Construction Quality Assurance – Soils testing (Additional Services)
6. Construction Quality Assurance – Survey Verification (Additional Services)
7. TCEQ Completion Report (Additional Services)
EXHIBIT A
DocuSign Envelope ID: C8088575-DF1B-4C95-8D89-8F3C8A8083ED
Arturo Garcia Page 2 June 13, 2022
Moseley Road Erosion Maintenance
The Engineer’s scope of services for this Task Proposal is as follows:
Task 01 TCEQ Authorization (30 TAC §330 Subchapter T)
Additional fee included in Task 01 includes costs related to increases in market labor rates and
additional scope to account for new requirements published by the Texas Commission on
Environmental Quality in 30 TAC §330 Subchapter T “Use of Land Over Closed Municipal Solid
Waste Landfills.”
The TCEQ has published a new form with additional requirements for the disturbance of final
cover over an existing MSW landfill. The following additional tasks are now required to meet
TCEQ requirements:
1. Preparation of TCEQ Form 20787 Authorization to Disturb Final Cover
a. Written Existing Conditions Summary
b. Proposed Project Description
c. Description of the Construction Process
d. Procedures for the Management of Methane, Water and Excavated Waste
e. General Location Map
f. Site Layout Plan
Task 02 Design & Bidding
Additional fee included in Task 02 includes costs related to increases in market labor rates and
to account for costs associated with restarting the design after the 12 month delay.
Task 03 Construction Administration
Additional fee included in Task 03 includes costs related to increases in market labor rates.
Task 04 Borrow Source Evaluation
Landfill staff have indicated that the existing clay soil stockpile does not contain adequate
material to complete the project at Moseley Road. The Engineer will:
1. Evaluate and make recommendations regarding the volume of the existing soil stockpile.
2. Evaluate and make recommendations regarding the type and quantity of soil present in
the existing east stormwater pond for potential use in the project.
3. Evaluate and make recommendations regarding type and quantity of soil present within
Unit 2 of the landfill for use in the project.
Task 05 Construction Quality Assurance – Soils Testing (ALLOWANCE)
Through a sub-contract, the Engineer will complete the required soils and materials testing for
construction quality assurance (CQA). Subcontract costs will be billed at direct cost plus 15% as
allowed by the Contract. The soils CQA services will include:
1. Engineer’s management of the geotechnical team, scheduling and coordination of field
work. Engineer’s review of field reports.
2. Full time observation of infiltration layer and erosion layer construction. It is estimated
that 25 days will be required, but a maximum of 40 days are budgeted as a contingency.
3. Flexible Membrane Liner (FML) seam (shear and peel) strength at the rate of one (1)
test per 500 linear feet of seam.
DocuSign Envelope ID: C8088575-DF1B-4C95-8D89-8F3C8A8083ED
Arturo Garcia Page 3 June 13, 2022
Moseley Road Erosion Maintenance
4. Soil testing at the minimum rates shown in the following table. Additional soil tests are
budgeted in excess of the minimum required by regulations as a contingency.
Task 06 Construction Quality Assurance – Survey Verification (ALLOWANCE)
Through a sub-contract, the Engineer will complete the required survey verification for
construction quality assurance (CQA). The survey CQA will include:
1. Engineer’s management of the survey team, scheduling and coordination of field work.
Engineer’s review of survey data.
2. Survey data collected on a 50-ft grid for prepared infiltration layer subgrade.
3. Survey data collected on a 50-ft grid for top of prepared infiltration soil layer.
4. Survey data collected on a 50-ft grid for top of erosion soil layer.
Task 07 Texas Commission on Environmental Quality Completion Report (If
Required)
During recent conversations with the TCEQ municipal solid waste permit staff, a Completion
Report may be requested to document the erosion control and final cover repair activities. If
required by the TCEQ, the Engineer will:
1. Compile geotechnical and survey data for reporting to the TCEQ.
2. Prepare a written report detailing the construction activities completed, procedures
followed in the event waste is encountered, and include CQA field reports, survey data
and soils testing results.
3. Prepare the required As-Built construction plans and specifications for recordkeeping at
the City of Denton Landfill.
DocuSign Envelope ID: C8088575-DF1B-4C95-8D89-8F3C8A8083ED
Arturo Garcia Page 4 June 13, 2022
Moseley Road Erosion Maintenance
Compensation for Engineering Services
The total estimated additional compensation shall be a not to exceed amount of $130,900.00.
The Engineer will not exceed the estimated total compensation without written approval from the
Owner. Subconsultants will be billed at cost plus 15% in accordance with the Contract.
1. TCEQ Authorization (Labor cost and additional scope) $ 3,170.00
2. Design & Bidding (Labor cost increase) $ 4,310.00
3. Construction Administration (Labor cost increase) $ 960.00
4. Borrow Source Evaluation $ 5,830.00
5. Construction QA – Soils Testing (Subconsultant allowance) $ 72,070.00
6. Construction QA – Survey Verification (Subconsultant allowance) $ 38,660.00
7. TCEQ Completion Report (if required) $ 5,900.00
Estimated Fee $ 130,900.00
We appreciate the opportunity to provide engineering services to the City of Denton. We would
be happy to discuss these services in more detail at your convenience. For additional information,
please contact me at fpugsley@parkhill.com or (214) 499-4798, or Sonia Samir, PE at
ssamir@parkhill.com.
Sincerely,
PARKHILL
By
Frank E. Pugsley, PE
Principal | Environmental Sector Director
DocuSign Envelope ID: C8088575-DF1B-4C95-8D89-8F3C8A8083ED
Certificate Of Completion
Envelope Id: C8088575DF1B4C958D898F3C8A8083ED Status: Completed
Subject: Please DocuSign: City Council Contract 7109-013 Amendment 1
Source Envelope:
Document Pages: 7 Signatures: 5 Envelope Originator:
Certificate Pages: 6 Initials: 1 Crystal Westbrook
AutoNav: Enabled
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Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
crystal.westbrook@cityofdenton.com
IP Address: 198.49.140.104
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7/11/2022 10:11:51 AM
Holder: Crystal Westbrook
crystal.westbrook@cityofdenton.com
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Crystal Westbrook
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Principal
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Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Frank Pugsley, Brian Boerner, Rosa Rios, Randall Morris
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