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7109-025 - Formal Amendment 1 Executed 7109-025 PSA – Amendment #1 Page 1 of 2 FIRST AMENDMENT TO CONTRACT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND BIGGS & MATHEWS ENVIRONMENTAL, INC. PSA 7109-025 THE STATE OF TEXAS § COUNTY OF DENTON § THIS FIRST AMENDMENT TO CONTRACT 7109-025 (“Amendment”) by and between the City of Denton, Texas (“City”) and Bigg & Mathews Environmental Inc. (“Engineer”); to that certain contract executed on June 7, 2022, in the original not-to-exceed amount of $160,000 (the “Agreement”); for services related to Scale Facility and Roadway Improvements. 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 $49,358 with this Amendment for an aggregate not-to-exceed amount of $209,358; 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 professional architectural and engineering service for Scale Facility and Roadway Improvements, 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 $49,358. 2. This Amendment modifies the Agreement amount to provide an additional $49,358 for the additional services with a revised aggregate not to exceed total of $209,358. 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: BC199EF8-EBC3-445C-91FE-A1B7C8D34D89 7109-025 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: _________________________________ Christina Dormady, Buyer “Engineer” Bigg & Mathews Environmental, 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: BC199EF8-EBC3-445C-91FE-A1B7C8D34D89 Solid Waste & Recycling Solid Waste Project Manager 5/5/2023 Arturo Garcia Exhibit A DocuSign Envelope ID: BC199EF8-EBC3-445C-91FE-A1B7C8D34D89 3000 Internet Blvd, Suite 550 | Frisco, Tx 75034 April 19, 2023 Gregg Adams Biggs and Mathews Environmental 1700 Robert Road Mansfield, TX 76063 RE: Proposal for Professional Services Denton Landfill Scalehouse Renovation Dear Greg: Parkhill (A/E) is pleased to submit this proposal for professional services to Biggs and Mathews Environmental (CLIENT) for the Denton Landfill Scalhouse Renovation Project. PROJECT SCOPE Scope of Services The scope of services to provide professional architectural and engineering services as follows: Architecture Parkhill Interior Design Parkhill Mechanical & Electrical Engineering Parkhill Construction Administration Parkhill (as needed/requested, hourly) Site Location 1527 S. Mayhill Road Building Scope Renovation of existing building. Budget TBD Schedule Construction Documents for review – June 1, 2023 SCOPE OF SERVICES A/E will provide professional services according to Exhibit A – Scope of Services. COMPENSATION A/E will provide professional services on a lump sum basis plus reimbursable expenses. Refer to Exhibit B – Fee Proposal, for a breakdown of associated fees. Invoices shall be issued monthly based on a percent complete basis. Changes to the scope of work including, changes to previously approved documents, project schedule, project scope, or scope of services may, as mutually agreed to result in additional services. The additional services will be performed as mutually agreed to authorized in advance and in writing, or if agreed to by the City, at the hourly rates contained in Exhibit C – Hourly Rate Schedule. Parkhill Proposal DocuSign Envelope ID: BC199EF8-EBC3-445C-91FE-A1B7C8D34D89 Denton Landfill | Scalehouse Renovation Parkhill Page 2 of 2 EXISTING CONDITIONS A/E will make no representations regarding the suitability for reuse of the existing structures on the site and is not responsible for the condition of the existing structures. TERMS AND CONDITIONS The Texas Board of Architectural Examiners, P. O. Box 12337, Austin, Texas 78711‐2337 or 333 Guadalupe, Suite 2‐350, Austin, Texas 78701‐3942, (512) 305‐9000, has jurisdiction over complaints regarding the professional practices of persons registered as Architects, Interior Designers and Landscape Architects in Texas. If this proposal is not executed within 30 days from the issue date, A/E reserves the right to review Compensation, Payment Schedule and Staffing Commitments. Sincerely, Parkhill Biggs and Mathews Environmental By_________________ _______________________________ Frank Pugsley, PE Gregg Adams EXHIBITS: Exhibit A – Scope of Services Exhibit B – Fee Proposal Exhibit C – Hourly Rate Schedule DocuSign Envelope ID: BC199EF8-EBC3-445C-91FE-A1B7C8D34D89 EXHIBIT A Parkhill Page 1 of 4 EXHIBIT A – Scope of Services DESIGN SERVICES A/E proposes to provide professional architecture and engineering services for the project scope as stated in the proposal, and as normally and reasonably required on projects of similar size and scope. In the event of a conflict between any Exhibit and the City’s Professional Service Agreement, the Agreement shall rule. Generally, the project entails the interior and exterior renovation of the Landfill Scalehouse at the City of Denton Landfill, based on the conceptual floor plan provided to Parkhill by BME. I – CONSTRUCTION DOCUMENTS PHASE SERVICES A/E will provide Construction Documents based on approved Design Development documents and updated Project budget. The documents will be based on the use of AIA A201‐2017 General Conditions and will include detailed requirements for construction and include drawings and specifications that establish in detail the quality level of systems and materials. A/E will assist the Client in the preparation of supplementary conditions for AIA A201‐2017 General Conditions and other standard AIA contract forms. Deliverables Drawings and Specifications setting forth the requirements for the construction of the Project. Construction Phasing Construction documents will be produced in one package. Entitlements and Permitting Documents will be produced per Authority Having Jurisdiction requirements to procure the proper entitlements and permits for the project and will be produced in one (1) package. Meetings Design Team Meetings (2) Additional Services Not included in Base Proposal, A/E will provide the following as Additional Services when authorized by Client: ▪ Preparation of Construction Documents for Alternates. ▪ Preparation of Construction Documents for more than one (1) bid packages. II – BIDDING OR NEGOTIATION & PERMITTING PHASE SERVICES A/E will assist the Client in the preparation of necessary bidding information, bidding forms, the Conditions of the Contract, and the form of Agreement between the Client and the Contractor. A/E will inform the Client, to the best of their knowledge, and will assist the Client in connection with the Client’s responsibility for filing documents required for approval of governmental authorities having jurisdiction over the Project. Services limited to: ▪ Attend one (1) Pre‐Bid Conference on site. ▪ Respond to Bidder’s Request for Clarifications. Meetings Design Team Meetings (1) Additional Services Not included in Base Proposal, A/E will provide the following as Additional Services when authorized by Client: ▪ Attend multiple Pre‐Bid Conferences on site or at the Client’s office. DocuSign Envelope ID: BC199EF8-EBC3-445C-91FE-A1B7C8D34D89 EXHIBIT A Parkhill Page 2 of 4 III – CONSTRUCTION PHASE SERVICES (AS NEEDED HOURLY EFFORT) A/E may be the representative of and will advise and consult with the Client during construction until ninety (90) days after the Date of Substantial Completion. A/E will have authority to act on behalf of the Client only to the extent provided in this Agreement unless otherwise modified by written instrument. A/E may visit the site at intervals appropriate to the stage of construction or as otherwise agreed by the Client and A/E in writing to become familiar with the progress and quality of the Work completed and to determine in general if the Work is being performed in a manner indicating that the Work when completed will be in accordance with the Contract Documents. However, A/E will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of on-site observation as a design professional, A/E will keep the Client informed of the overall progress and quality of the Work. Based on the A/E’s observations and evaluations of the Contractor’s Applications for Payment, A/E may review and certify the amounts due the Contractor. A/E shall not supervise, direct or have control over the Contractor’s work nor have any responsibility for the construction means, methods, techniques, sequences or procedures selected by the Contractor nor for the Contractor’s safety precautions or programs in connection with the Work. These rights and responsibilities are solely those of the Contractor. The Client agrees that the Contractor shall be solely responsible for jobsite and worker safety and warrants that this intent shall be carried out in the Client’s contract with the Contractor. If, due to an error or an omission by A/E, any required item or component of the project is omitted from the Construction Documents, A/E shall not be responsible for paying the cost to add such item or component to the extent that such item or component would have been otherwise necessary to the project or otherwise add value or betterment to the project. Services limited to: ▪ Two (2) reviews of each Shop Drawing, Product Data item, sample and similar submittals of the Contractor ▪ Visits to the site by A/E over the duration of the Project during construction shall be limited to the number of months of construction time established by the Contractor during the bidding/proposal phase times two (2). ▪ Two (2) site observations for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents ▪ Two (2) site observations for any portion of the Work to determine final completion. Construction Period Base Proposal is predicated on Nine (9) month construction period to Substantial Completion. Additional Services Not included in Base Proposal, A/E will provide the following as Additional Services when authorized by Client: ▪ Attend multiple Pre‐Bid Conferences on site or at the Client’s office. ▪ Supplement CA services will allow for weekly CA site observations. ▪ Environmental Services ▪ Applications or presentation to the Board of Adjustments for Variances. ▪ Zoning Change Request ▪ Re-design, re-study and/or revisions to recommended directives, conceptual or final studies, drawings, specifications or other documents after same have been previously approved by the owner in order to accomplish changes requested by the Owner. ▪ Variance Requests ▪ Special Use Permits ▪ Driveway Access Permits ▪ Public Hearing(s) ▪ Basic commissioning requirements per 2018 IECC, Section C408, of mechanical, service water heating, and lighting control systems. ▪ TDLR review at 100% CD ▪ TDLR inspection at substantial completion DocuSign Envelope ID: BC199EF8-EBC3-445C-91FE-A1B7C8D34D89 EXHIBIT A Parkhill Page 3 of 4 QUALIFICATIONS The Client shall designate a representative authorized to act in the Client’s behalf who shall make decisions with respect to the Project. The Client, or such authorized representative, shall examine the design documents submitted by A/E and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the process of A/E’s design services. Client warrants that in transmitting existing documents prepared by other designers or design professionals, or any other information, Client is the copyright Client of such information or has permission from the copyright Client to transmit such information for its use on the Project. OPINIONS OF PROBABLE CONSTRUCTION COST In providing estimates or opinions of probable construction cost, the Client understands that the A/E has no control over the cost or availability of labor, equipment or materials, or over market conditions or the method of pricing, and that the A/E’s estimates or opinions of probable construction costs are made on the basis of the A/E’s professional judgment and experience. The A/E makes no warranty, express or implied, that the bids or the negotiated construction cost will not vary from the A/E’s estimates or opinions of probable construction cost. ACCESSIBILITY The Client acknowledges that the requirements of the Americans with Disabilities Act (ADA), Texas Accessibility Standards (TAS) for projects in the State of Texas, and other federal, state and local accessibility laws, rules, codes, ordinances, and regulations will be subject to various and possibly contradictory interpretations. The Client further acknowledges that the ADA is a Civil Rights law and not a building code and does not have prescriptive language. A/E, therefore, will use its reasonable professional efforts and judgements, in working alongside the Accessibility Consultant’s direction & recommendations, to interpret applicable accessibility requirements in effect as of the date of the execution of this Agreement, and as they apply to the Project. A/E, however, cannot and does not warrant or guarantee that the Client’s Project will comply with all interpretations of the accessibility requirements and/or the requirements of other federal, state and local laws, rules, codes, ordinances and regulations as they apply to the Project. All projects in the State of Texas must be submitted to the Texas Department of Licensing and Regulations (TDLR) – Elimination of Architectural Barriers (EAB) Division for plan review for compliance with TAS requirements. A/E will include in the design of the Project all changes that are the result of the TDLR plan review. After construction of the project TDLR requires an inspection of the project for compliance confirmation. However, A/E cannot and does not warrant or guarantee that different rules and or interpretation may be applied to the Client’s Project at the time of the final TDLR inspection. Compliance with changes required by the TDLR final inspection that were not mentioned in the TDLR plan may be required. HAZARDOUS MATERIALS As used in this Proposal, the term hazardous materials shall mean any substances, including without limitation asbestos, toxic or hazardous waste, PCBs, combustible gases and materials, petroleum or radioactive materials (as each of these is defined in applicable federal statutes) or any other substances under any conditions and in such quantities as would pose a substantial danger to persons or property exposed to such substances at or near the project site. All parties acknowledge that the A/E’s scope of services does not include any services related to the presence of any hazardous or toxic materials. In the event A/E or any other person or entity involved in the project encounters any hazardous or toxic materials, or should it become known to A/E that such materials may be present on or about the jobsite or any adjacent areas that may affect the performance of A/E’s services, A/E may, at its sole option and without liability for consequential or any other damages, suspend performance of its services under this Agreement until the Client retains appropriate qualified consultants to identify and abate or remove the hazardous or toxic materials and warrants that the jobsite is in full compliance with all applicable laws and regulations. DocuSign Envelope ID: BC199EF8-EBC3-445C-91FE-A1B7C8D34D89 EXHIBIT A Parkhill Page 4 of 4 SERVICES BY CLIENT Client will provide access to work site, obtain applicable permits, provide appropriate legal services in connection with the project, and provide environmental impact reports and energy assessments unless specifically included in the Scope of Work. Client shall pay the costs of checking and inspection fees, zoning application fees, soils engineering fees, testing fees, surveying fees, and all other fees, permits, bond premiums, and all other charges not specifically covered by the terms of this Agreement. Services specifically excluded from our scope of services include, but are not limited to, the following: ▪ Asbestos and Hazardous Materials Studies ▪ Third-party Independent Construction Inspection Services ▪ Construction Material Testing ▪ Texas Department of Health Demolition Notification ▪ Commissioning and Special Inspections ▪ Traffic Impact Analysis ▪ Furniture, Fixture, Equipment Procurement END OF SCOPE OF SERVICES DocuSign Envelope ID: BC199EF8-EBC3-445C-91FE-A1B7C8D34D89 EXHIBIT B Parkhill Page 1 of 1 EXHIBIT B – Fee Proposal TASK FEE A/E Design Fee $49,358.00 Construction Administration (Hourly As Needed/Requested in Writing) TOTAL $49,358.00 DocuSign Envelope ID: BC199EF8-EBC3-445C-91FE-A1B7C8D34D89 Certificate Of Completion Envelope Id: BC199EF8EBC3445C91FEA1B7C8D34D89 Status: Completed Subject: Complete with DocuSign: 7109-025 Contract.pdf Source Envelope: Document Pages: 10 Signatures: 3 Envelope Originator: Certificate Pages: 5 Initials: 0 Christina Dormady AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 901B Texas Street Denton, TX 76209 christina.dormady@cityofdenton.com IP Address: 198.49.140.10 Record Tracking Status: Original 5/3/2023 1:21:55 PM Holder: Christina Dormady christina.dormady@cityofdenton.com Location: DocuSign Signer Events Signature Timestamp Christina Dormady christina.dormady@cityofdenton.com Buyer City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 5/3/2023 2:02:31 PM Viewed: 5/3/2023 2:02:45 PM Signed: 5/3/2023 2:02:57 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Gregg Adams gadams@BiggsAndMathews.com Principal Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 128.92.63.242 Sent: 5/3/2023 2:02:58 PM Viewed: 5/4/2023 10:54:50 AM Signed: 5/4/2023 10:56:44 AM Electronic Record and Signature Disclosure: Accepted: 5/4/2023 10:54:50 AM ID: bcb63b97-d20c-4f7f-9546-b2e845b9de6f Arturo Garcia Arturo.garcia@cityofdenton.com Solid Waste Project Manager Solid Waste & Recycling Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 5/4/2023 10:56:45 AM Resent: 5/5/2023 10:49:51 AM Viewed: 5/5/2023 11:09:21 AM Signed: 5/5/2023 11:12:25 AM Electronic Record and Signature Disclosure: Accepted: 5/5/2023 11:09:21 AM ID: 35973465-9f27-4167-99d8-5477d68264df 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: 5/5/2023 11:12:26 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 5/3/2023 2:02:31 PM Envelope Updated Security Checked 5/5/2023 10:49:50 AM Envelope Updated Security Checked 5/5/2023 10:49:50 AM Envelope Updated Security Checked 5/5/2023 10:49:50 AM Envelope Updated Security Checked 5/5/2023 10:49:50 AM Certified Delivered Security Checked 5/5/2023 11:09:21 AM Signing Complete Security Checked 5/5/2023 11:12:25 AM Completed Security Checked 5/5/2023 11:12:26 AM Payment 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. 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