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7109-013 - Amendment 1 Executed Docusign City Council Transmittal Coversheet File Name Purchasing Contact City Council Target Date Piggy Back Option 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 EnvelopeId Stamping: Enabled 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 Record Tracking Status: Original 7/11/2022 10:11:51 AM Holder: Crystal Westbrook crystal.westbrook@cityofdenton.com Location: DocuSign Signer Events Signature Timestamp Crystal Westbrook crystal.westbrook@cityofdenton.com Senior Buyer City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 198.49.140.104 Sent: 7/11/2022 10:15:32 AM Viewed: 7/11/2022 10:15:44 AM Signed: 7/11/2022 10:16:32 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: 198.49.140.10 Sent: 7/11/2022 10:16:34 AM Viewed: 7/11/2022 11:27:09 AM Signed: 7/11/2022 11:27:19 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Marcella Lunn marcella.lunn@cityofdenton.com Deputy City Attorney City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 7/11/2022 11:27:21 AM Viewed: 7/12/2022 10:03:55 AM Signed: 7/12/2022 10:05:10 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Frank Pugsley fpugsley@parkhill.com Principal Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 12.70.161.203 Sent: 7/12/2022 10:05:13 AM Viewed: 7/12/2022 11:06:55 AM Signed: 7/12/2022 11:07:36 AM Electronic Record and Signature Disclosure: Accepted: 7/12/2022 11:06:55 AM ID: 554c98c3-c440-4479-9443-40c22e7b6d9d Signer Events Signature Timestamp Brian Boerner brian.boerner@cityofdenton.com Director of Solid Waste Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 7/12/2022 11:07:38 AM Viewed: 7/12/2022 11:39:09 AM Signed: 7/12/2022 11:39:23 AM Electronic Record and Signature Disclosure: Accepted: 7/12/2022 11:39:09 AM ID: 56653979-784d-4774-9877-b916dc3041de Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 198.49.140.104 Sent: 7/12/2022 11:39:29 AM Viewed: 8/2/2022 8:17:28 AM Signed: 8/2/2022 8:47:18 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Sara Hensley sara.hensley@cityofdenton.com City Manager City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 47.184.83.229 Signed using mobile Sent: 8/2/2022 8:47:21 PM Viewed: 8/2/2022 9:57:25 PM Signed: 8/2/2022 9:57:29 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Rosa Rios rosa.rios@cityofdenton.com City Secretary Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Sent: 8/2/2022 9:57:31 PM Viewed: 8/2/2022 10:06:46 PM Signed: 8/2/2022 10:07:22 PM Electronic Record and Signature Disclosure: Accepted: 8/2/2022 10:06:46 PM ID: 01aadd22-3645-4e52-81d4-25aef5e00590 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication (None) Sent: 7/11/2022 10:16:34 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Carbon Copy Events Status Timestamp Gretna Jones gretna.jones@cityofdenton.com Legal Secretary City of Denton Security Level: Email, Account Authentication (None) Sent: 7/12/2022 11:39:27 AM Viewed: 7/13/2022 2:39:42 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign City Secretary Office citysecretary@cityofdenton.com Security Level: Email, Account Authentication (None) Sent: 8/2/2022 10:07:24 PM Viewed: 8/3/2022 8:11:09 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Randall Morris randall.morris@cityofdenton.com Security Level: Email, Account Authentication (None) Sent: 8/2/2022 10:07:25 PM Viewed: 8/3/2022 9:41:25 AM Electronic Record and Signature Disclosure: Accepted: 5/17/2022 7:32:06 AM ID: 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