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7109-017 - Amendment 2 Executed Docusign City Council Transmittal Coversheet File Name Purchasing Contact City Council Target Date Piggy Back Option Contract Expiration Ordinance DocuSign Envelope ID: 7B4C41BD-7165-4338-9BEC-BE9CCB8C6FF9 PREPARATION LANDFILL GAS-TO-ENERGY--AMENDMENT 2 Crystal Westbrook Not Applicable PSA 7109-017 N/A FEBRUARY 20, 2024 24-268 7109-017 PSA – Amendment #2 Page 1 of 2 SECOND AMENDMENT TO CONTRACT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND STEARNS, CONRAD AND SCHMIDT CONSULTING ENGINEERS, INC. PSA 7109-017 THE STATE OF TEXAS § COUNTY OF DENTON § THIS SECOND AMENDMENT TO CONTRACT 7109-017 (“Amendment”) by and between the City of Denton, Texas (“City”) and Stearns, Conrad and Schmidt Consulting Engineers, Inc. (“Engineer”); to that certain contract executed on December 16, 2020, in the original not-to-exceed amount of $23,000 (the “Original Agreement”); amended on September 28, 2023 in the additional amount of $2,435 aggregating a not-to- exceed amount of $25,435 (the “First Amendment”); (collectively, the Original Agreement, and the First Amendment are the “Agreement”) for services related to the Preparation Landfill Gas-to-Energy project. WHEREAS, the City deems it necessary to further expand the services provided by Engineer to the City pursuant to the terms of the Agreement, and to provide an additional not-to-exceed amount $30,000 with this Amendment for an aggregate not-to-exceed amount of $55,435; 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 Preparation Landfill Gas-to-Energy project, 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” to this Amendment, a total fee, including reimbursement for non-labor expenses an amount not to exceed $30,000. 2. This Amendment modifies the Agreement amount to provide an additional $30,000 for the additional services with a revised aggregate not to exceed total of $55,435. DocuSign Envelope ID: 7B4C41BD-7165-4338-9BEC-BE9CCB8C6FF9 7109-017 PSA – Amendment #2 Page 2 of 2 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. IN WITNESS WHEREOF, the City and the Engineer, have each executed this Amendment electronically, by and through their respective duly authorized representatives and officers on this date _________________________. “Engineer” STEARNS, CONRAD AND SCHMIDT CONSULTING ENGINEERS, INC. By: _________________________________ AUTHORIZED SIGNATURE, TITLE APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY By: _________________________________ “CITY” CITY OF DENTON, TEXAS A Texas Municipal Corporation By: _______________________________ ATTEST: JESUS SALAZAR, CITY SECRETARY By: _________________________________ 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: 7B4C41BD-7165-4338-9BEC-BE9CCB8C6FF9 Brian Boerner Swr Director of Solid Waste 2/21/2024 1901 Central Drive, Suite 550 Bedford, Texas | 817-571-2288 | eFax 817-571-2188 Environmental Consulting & Contracting September 26, 2023 Proposal No. 160146223 Mr. Eugene McKinnie (sent via email) Director of Solid Waste City of Denton 1527 S. Mayhill Road Denton, Texas 76208 Re: Request for Proposal (RFP) Revisions Landfill Gas-to-Energy (LFGE) Project City of Denton Landfill Dear Eugene: SCS Engineers is pleased to provide the City of Denton with this proposal to assist in the preparation of a Request for Proposal (RFP) to solicit bids from third-party developers to implement a landfill gas- to-energy (LFGE) project at the City of Denton Landfill. Specifically, this work includes updates (i.e., to reflect current conditions) to the previously prepared Scope of Work – Request for Proposal, Landfill Gas-to-Energy Project Report (LFGE Report) developed by SCS Engineers and dated May 2021. Based on our understanding of the project objectives, we have developed the following scope of services. SCOPE OF SERVICES We have divided the overall services for this work into two tasks: Task 1 – Updates to LFGE Report and Supplier Response To update the LFGE Report with the latest information (e.g., LFG flow rates from 2021 to 2023, existing GCCS components, etc.), the following sections of the LFGE Report will need to be revised:  Section 1.1 – Landfill  Section 1.4 – Land for Contractor’s Facility/Pipeline Route Information  Section 1.6 – Gas Quality and Quantity Information  Existing GCCS Drawing (Appendix A)1  Plan View of Current Header Expansion and 24-inch Stub-out (Appendix A). Note, we propose to remove this drawing, and update the Existing GCCS Drawing (above) with the header expansion performed in 2022.  Aerial and Development Drawings (Appendix C1)1  Wellfield Data, GHG Report, and Emissions Inventory (Appendix D2)1  Landfill Gas Recovery Projections (Appendix D3)1  WWTP Flow Data (Appendix D4)1 1 Assumes that the information included in this item will be provided by the City, if not already contained within SCS’ files, including those items included in the September 12, 2023 email. EXHIBIT A DocuSign Envelope ID: 7B4C41BD-7165-4338-9BEC-BE9CCB8C6FF9 Mr. Eugene McKinnie September 26, 2023 Page 2 \\bed-fs02\shares\Data\BD\Proposals\Denton\2023\160146223 RFQ Assistance\P2023.09.26 Denton RFP Preparation.docx Specifically related to the Landfill Gas Recovery Projections, SCS will update the previously prepared LFG recovery projections for the landfill using its proprietary LFG model and available information on waste disposal, gas collection and control system (GCCS) design, and LFG recovery. We will update the historical data from an LFG recovery model and report prepared for the City of Denton in May 2020, and apply available information from a data request list SCS will provide to cover the intervening period. Available information on the design and effectiveness of wellfield operations, including wellfield drawings, wellfield monitoring data, and historical LFG recovery, will be used to reevaluate collection system coverage and update the empirically-calibrated LFG recovery model. Up to two sets of LFG recovery forecasts will be provided which consider varying key assumptions that may have higher levels of uncertainty, such as future growth in waste disposal rates. The summary of the data used and model assumptions applied, including waste disposal projections, historical LFG flow data, and collection system coverage estimates will be updated in the revised LFGE Report. In addition, SCS will work with the City to evaluate and/or revise the evaluation procedures (included in the City’s Supplier Response document) to effectively determine the firm that will provide the best value to the City. The evaluation procedures will be used by the City/SCS during the bid evaluation as outlined in Task 2. Task 2 – On-Call Services This task has been included to provide assistance and technical support during the bidding phase and/or once responses to the RFP have been received. Services included in this task include, but is not limited to, the following specific activities:  Review questions and inquiries from potential bidders prior to the pre-proposal meeting and develop responses. Prepare a questions and clarifications document to serve as an addendum to the RFP addressing proposers’ questions prior to the Pre-Proposal meeting.  Attendance, presentations, and participation during the Pre-Proposal meeting. Develop meeting minutes and submit to the City.  Assistance with responses to technical questions from potential proposers during and after the Pre-Proposal Meeting.  SCS will coordinate with City’s purchasing staff (or legal counsel) to confirm we adhere to proper policies and protocols when issuing responses to questions and/or addenda.  SCS can conduct an analysis of proposals submitted in response to the RFP based on the established scoring criteria. This review may also generate additional questions for the respondents. After these have been answered as needed, SCS can help rank the respondents utilizing the evaluation criteria.  During contract negotiations, SCS can be available to assist the City on an as-needed basis. Although we would not be able to provide legal advice, we would be able to provide technical or regulatory consulting as appropriate.  Conduct a bid evaluation, including evaluation based the grading criteria determined during Task 1 (e.g. similar projects/references, project approach and schedule, etc.), and evaluation based on a 20-year net present value (NPV). DocuSign Envelope ID: 7B4C41BD-7165-4338-9BEC-BE9CCB8C6FF9 Mr. Eugene McKinnie September 26, 2023 Page 3 \\bed-fs02\shares\Data\BD\Proposals\Denton\2023\160146223 RFQ Assistance\P2023.09.26 Denton RFP Preparation.docx FEE AND SCHEDULE SCS’ proposed fees for the tasks included in this proposal are included in the table below. Task 1 will be on a lump sum basis and Task 2 will be provided on a time-and-materials task, consistent with our attached fee schedule, since the scope may vary depending on the additional services needed. Task No. Task Title Proposed Fee 1 Updates to LFGE Report and Supplier Response $15,000 2 On-Call Services $15,000 Total $30,000 Regarding our schedule, a draft of the updated LFGE Report Revisions and Supplier Response (Task 1) will be provided within 4 weeks of a notice to proceed and receipt of data to be used in the study. A final report will be provided within 1 week of the receipt of comments on the draft report, if requested, or the draft re-issued as a final report if there are no changes requested. Task 2 will be provided on an as-needed basis. We appreciate this opportunity to provide this proposal to you. If you have any questions, please contact Brett DeVries, Ph.D., P.E. at (763) 442-5417. Sincerely, Brett DeVries, Ph.D., P.E. Ryan Kuntz, P.E. Senior Project Manager Vice President / Satellite Office Manager SCS ENGINEERS SCS ENGINEERS Cc: Mr. Brian Boerner, CPM, CHMM (e-copy) Attachment DocuSign Envelope ID: 7B4C41BD-7165-4338-9BEC-BE9CCB8C6FF9 Environmental Management Consultants Offices Nationwide 1901 Central Drive Suite 550 Bedford, Texas 76021 817.571.2288 Main 12651 Briar Forest Drive Suite 205 Houston, Texas 77077 281.293.8494 Main SCS Engr Office 16 Fee schedule 040123-033124 SCS ENGINEERS FEE SCHEDULE (Effective April 1, 2023 through March 31, 2024) Labor Category Rate/Hour ($) Business Unit Director ..................................................................................... 250 Project Advisor .................................................................................................. 240 Satellite Office Manager .................................................................................. 240 Project Director II .............................................................................................. 230 Project Director I ............................................................................................... 215 Project Manager II ............................................................................................ 195 Project Manager I ............................................................................................. 185 CQA Manager .................................................................................................... 175 Project Professional III ..................................................................................... 175 Project Professional II ...................................................................................... 150 Project Professional I ....................................................................................... 145 Staff Professional III ......................................................................................... 135 Staff Professional II .......................................................................................... 130 Staff Professional I ........................................................................................... 125 Associate Staff Professional ............................................................................ 110 CAD Designer .................................................................................................... 135 CAD Draftsperson ............................................................................................. 90 Office Service Manager .................................................................................... 120 Secretarial/Clerical .......................................................................................... 80 Sr. Technician ................................................................................................... 110 Technician......................................................................................................... 100 CQA Technician ................................................................................................. 80 1. The hourly rates are effective through March 31, 2024. Work performed thereafter is subject to a new Fee Schedule issued for the period beginning April 1, 2024. 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 $0.77 per mile for autos and $0.87 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. DocuSign Envelope ID: 7B4C41BD-7165-4338-9BEC-BE9CCB8C6FF9 CONFLICT OF INTEREST QUESTIONNAIRE 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 DocuSign Envelope ID: 7B4C41BD-7165-4338-9BEC-BE9CCB8C6FF9 CIQ FORM STEARNS, CONRAD AND SCHMIDT CONSULTING ENGINEERS, INC. 1/12/2024 N/A X Certificate Of Completion Envelope Id: 7B4C41BD716543389BECBE9CCB8C6FF9 Status: Completed Subject: Please DocuSign: City Council Contract 7109-017 Amendment 2 Source Envelope: Document Pages: 8 Signatures: 6 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 1/5/2024 1:32:07 PM 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: 1/5/2024 1:35:08 PM Viewed: 1/5/2024 1:35:15 PM Signed: 1/5/2024 1:36:09 PM 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: 1/5/2024 1:36:11 PM Viewed: 1/5/2024 2:44:27 PM Signed: 1/5/2024 2:45:07 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Marcella Lunn marcella.lunn@cityofdenton.com Mack Reinwand City Attorney City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 1/5/2024 2:45:10 PM Viewed: 1/12/2024 2:09:32 PM Signed: 1/12/2024 2:11:51 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Ryan Kuntz rkuntz@scsengineers.com Vice President Security Level: Email, Account Authentication (None)Signature Adoption: Uploaded Signature Image Using IP Address: 99.48.161.145 Sent: 1/12/2024 2:11:53 PM Viewed: 1/12/2024 3:18:27 PM Signed: 1/12/2024 3:21:16 PM Electronic Record and Signature Disclosure: Accepted: 1/12/2024 3:18:27 PM ID: 141c587a-913e-4229-8d7e-d3055757101d Signer Events Signature Timestamp Brian Boerner brian.boerner@cityofdenton.com Director of Solid Waste Security Level: Email, Account Authentication (None)Signature Adoption: Drawn on Device Using IP Address: 166.196.61.95 Signed using mobile Sent: 1/12/2024 3:21:18 PM Viewed: 1/12/2024 3:22:14 PM Signed: 1/12/2024 3:22:50 PM Electronic Record and Signature Disclosure: Accepted: 1/12/2024 3:22:14 PM ID: 9e5eae14-27c6-46c1-b972-64bb048548c0 Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 198.49.140.10 Sent: 1/12/2024 3:22:54 PM Viewed: 2/21/2024 8:27:26 AM Signed: 2/21/2024 8:27:57 AM 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: 47.190.47.120 Signed using mobile Sent: 2/21/2024 8:27:59 AM Viewed: 2/21/2024 9:22:29 AM Signed: 2/21/2024 9:22:42 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Jesus Salazar jesus.salazar@cityofdenton.com Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 2/21/2024 9:22:45 AM Viewed: 2/21/2024 11:37:00 AM Signed: 2/21/2024 11:37:47 AM Electronic Record and Signature Disclosure: Accepted: 2/21/2024 11:37:00 AM ID: c4f258d9-df29-4d15-8d1f-d2f8518c483e 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: 1/5/2024 1:36:11 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Carbon Copy Events Status Timestamp Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication (None) Sent: 1/12/2024 3:22:52 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Gretna Jones gretna.jones@cityofdenton.com Legal Secretary City of Denton Security Level: Email, Account Authentication (None) Sent: 1/12/2024 3:22:52 PM Viewed: 1/16/2024 4:04:33 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign City Secretary Office citysecretary@cityofdenton.com Security Level: Email, Account Authentication (None) Sent: 2/21/2024 11:37:49 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Arturo Garcia Arturo.Garcia@cityofdenton.com Solid Waste Project Manager Solid Waste & Recycling Security Level: Email, Account Authentication (None) Sent: 2/21/2024 11:37:50 AM Electronic Record and Signature Disclosure: Accepted: 2/8/2024 10:58:53 AM ID: b8721bbf-de91-429d-a1ba-f9696e3b633e Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 1/5/2024 1:35:08 PM Certified Delivered Security Checked 2/21/2024 11:37:00 AM Signing Complete Security Checked 2/21/2024 11:37:47 AM Completed Security Checked 2/21/2024 11:37:50 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton 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