Loading...
7109-032 - Amendment 1 Executed DocuSign Transmittal Coversheet File Name Purchasing Contact Docusign Envelope ID: 27F8CE5A-53C5-438A-81E8-B3EC1B8C13E2 Crystal Westbrook 7109-032 Amendment 1 7109-032 PSA – Amendment #1 Page 1 of 2 FIRST AMENDMENT TO CONTRACT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND STEARNS, CONRAD AND SCHMIDT CONSULTING ENGINEERS, INC. PSA 7109-032 THE STATE OF TEXAS § COUNTY OF DENTON § THIS FIRST AMENDMENT TO CONTRACT 7109-032 (“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 May 2, 2023, in the original not-to-exceed amount of $205,245 (the “Agreement”); for services related to the Roads & Vehicles Undercarriage Wash. 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 $13,720 with this Amendment for an aggregate not-to-exceed amount of $218,965; 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 Roads & Vehicles Undercarriage Wash, 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 $13,720. 2. This Amendment modifies the Agreement amount to provide an additional $13,720 for the additional services with a revised aggregate not to exceed total of $218,965. 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: 27F8CE5A-53C5-438A-81E8-B3EC1B8C13E2 7109-032 PSA – Amendment #1 Page 2 of 2 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 _________________________. “City” CITY OF DENTON, TEXAS A Texas Municipal Corporation By: _________________________________ AUTHORIZED SIGNOR, TITLE “Engineer” STEARNS, CONRAD AND SCHMIDT CONSULTING ENGINEERS, 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 APPROVED AS TO FORM: MACK REINWAND, CITY ATTORNEY BY: _______________________________ Docusign Envelope ID: 27F8CE5A-53C5-438A-81E8-B3EC1B8C13E2 Vice President Brian Boerner Director of Solid Waste Swr Senior Buyer 9/13/2024 1901 Central Drive, Suite 550 Bedford, Texas | 817-571-2288 | eFax 817-571-2188 Environmental Consulting & Contracting September 5, 2024 SCS Project No. 16223060.00 City of Denton PO #203385 Mr. Arturo (Art) Garcia (sent via email) Site Ops./HCC Manager City of Denton 1527 S. Mayhill Road Denton, Texas 76208 Re: Proposed Change Order Request for Engineering Design, Bid-Support, and Construction Quality Assurance Services Roadway Expansion and Wheel wash Facility City of Denton Landfill, Denton County, Texas Dear Art: As discussed and per your request, SCS Engineers (SCS) is providing this proposed change order request to you for additional services anticipated to be provided during preparation of engineering design and bid documents for roadway expansion and wheel wash facility. This change order request includes a detailed summary of the additional services anticipated to be provided during the performance of the subject work as requested by the City that were not included in our initial scope of services dated March 10, 2023. These additional services will be performed on a time-and-material basis consistent with our current fee schedule attached to this proposal. As such, we have provided a detailed summary and fee breakdown of these additional services below corresponding each task included in our initial scope of services and approved PO#203385: Task 1 – Design Basis Memorandum for Wheel Wash Facility. No additional services are anticipated to be provided for this task as of the date of this request. Task 2 – Soil Analysis of Available Borrow Source(s) No additional services are anticipated to be provided for this task as of the date of this request. Task 3 – Engineering Design, Construction Plans, Technical Specifications, and Bid Documents Subtask 3.1 – Engineering Design and Construction Plans for Roadway Additional services anticipated to be performed in this task are associated with City’s decision to no longer construct an additional 12-foot lane extension of the main haul road. SCS will revise the construction plans, scope of work, measurement and payment, and bid quantities to reflect the removal of roadway extension. A breakdown of additional hours anticipated to be spent on this task are as follows: EXHIBIT A Docusign Envelope ID: 27F8CE5A-53C5-438A-81E8-B3EC1B8C13E2 Mr. Arturo Garcia September 5, 2024 Page 2 M:\Projects\16223060.00\Contract and Invoices\P2024.09.05_Denton Road and WWF Engineering Design, Bid-Support, & CQA Services_change order.docx Description Unit Quantity Rate per Unit Cost Project Director I Hour 4 $220.00 $ 880.00 Staff Professional I Hour 20 $130.00 $2,600.00 TASK 3.1 Subtotal: $3,480.00 Subtask 3.1B – Engineering Design and Construction Plans for Wheel Wash Facility (Optional) No additional services are anticipated to be provided for this subtask as of the date of this request. Subtask 3.2 – Technical Specifications, Bid Documents, and Engineer’s Estimate of Probable Construction Cost No additional services are anticipated to be provided for this subtask as of the date of this request. New Subtask 3.3 – Development Services Permitting Assistance This task includes the following services anticipated during the project to assist the City with preparing a Development Services application: • Attend one (1) virtual pre-development application meeting with City’s Development Assist Team (DAT); • Submit construction plans to DAT for review and approval; • Attend follow-up virtual meetings with DAT to discuss comments (if any) received; and • Address comments and resubmit updated construction plans to DAT. The following table indicates the hours and expenses anticipated for this subtask. Only actual time spent on the project will be billed to the City on a time and material basis based on SCS’ fee schedule. Description Unit Quantity Rate per Unit Cost Project Director I Hour 4 $220.00 $ 880.00 Staff Professional I Hour 72 $130.00 $9,360.00 Subtask 3.3 Total: $10,240.00 Task 4 – Bid-Support Services No additional services are anticipated to be provided for this task as of the date of this request. Task 5 – Construction Quality Assurance (CQA) Services No additional services are anticipated to be provided for this task as of the date of this request. Docusign Envelope ID: 27F8CE5A-53C5-438A-81E8-B3EC1B8C13E2 Mr. Arturo Garcia September 5, 2024 Page 3 M:\Projects\16223060.00\Contract and Invoices\P2024.09.05_Denton Road and WWF Engineering Design, Bid-Support, & CQA Services_change order.docx PROPOSED FEES SCS’ proposed fees for the above additional services, related to the requested change order, are provided in the table below for a total requested fee increase of $13,720.00. Additional services for each task described above will be performed on a time-and-material (T&M) basis, based on the attached fee schedule. REQUESTED FEE INCREASE Task No. Task Title Initial Proposed Fee Requested Fee Increase New Total Proposed Fee 1 Design Basis Memorandum $7,500.00 $0.00 $7,500.00 2 Soil Analysis of Available Borrow Source(s) $6,100.00 $0.00 $6,100.00 3.1 Engineering Design, Construction Plans, Technical Specifications, and Bid Documents. 3.1A Engineering Design and Construction Plans for Roadway $33,000.00 $3,480.00 $36,480.00 3.1B Engineering Design and Construction Plans for Wheel Wash Facility (Optional) $10,000.00 $0.00 $10,000.00 3.2 Technical Specifications and Bid Documents $5,500.00 $0.00 $5,500.00 3.3 Development Services Permitting Assistance $0.00 $10,240.00 $10,240.00 4 Bid-Support Services $5,500.00 $0.00 $5,500.00 5 Construction Quality Assurance (CQA) Services 5.1A Field CQA Services for Roadway Construction $41,220.00 $0.00 $54,000.00 5.1B Field CQA Services for Wheel Wash Facility Construction (Optional) $26,145.00 $0.00 $26,145.00 5.2 Construction-Phase Engineering Services $60,780.00 $0.00 $60,780.00 5.3 Construction Documentation Report $9,500.00 $0.00 $9,500.00 Project Total for Roadway Construction (Tasks 1, 2, 3.1A, 3.2, 4, 5.1A, 5.2, and 5.3): $169,100.00 $13,720.00 $182,820.00 Project Total for Roadway and Wheel Wash Facility Construction (All tasks): $205,245.00 $13,720.00 $218,965.00 Docusign Envelope ID: 27F8CE5A-53C5-438A-81E8-B3EC1B8C13E2 Mr. Arturo Garcia September 5, 2024 Page 4 M:\Projects\16223060.00\Contract and Invoices\P2024.09.05_Denton Road and WWF Engineering Design, Bid-Support, & CQA Services_change order.docx CLOSING We appreciate this opportunity to provide this proposal to you. If you have any questions, please contact Sandeep Saraf, P.E. at (407) 923-7013. Sincerely, Brett DeVries, Ph.D., P.E. Sandeep Saraf, P.E. Project Engineer Project Director SCS ENGINEERS SCS ENGINEERS TBPE Registration No. F-3407 Attachment: Fee Schedule (Effective April 1, 2024 through March 31, 2025) cc: Ryan Kuntz, P.E., SCS Engineers Docusign Envelope ID: 27F8CE5A-53C5-438A-81E8-B3EC1B8C13E2 Environmental Management Consultants Offices Nationwide 1901 Central Drive Suite 550 Bedford, Texas 76021 817.571.2288 Main 12651 Briar Forest Drive Suite 205 Houston, Texas 77077 281.293.8494 Main SCS Engr Office 16 Fee schedule 040124-033125 final SCS ENGINEERS FEE SCHEDULE (Effective April 1, 2024 through March 31, 2025) Labor Category Rate/Hour ($) Business Unit Director ..................................................................................... 260 Senior Project Advisor ...................................................................................... 255 Project Advisor .................................................................................................. 250 Satellite Office Manager .................................................................................. 250 Project Director II .............................................................................................. 235 Project Director I ............................................................................................... 220 Project Manager II ............................................................................................ 200 Project Manager I ............................................................................................. 190 CQA Manager .................................................................................................... 180 Project Professional III ..................................................................................... 180 Project Professional II ...................................................................................... 165 Project Professional I ....................................................................................... 150 Staff Professional III ......................................................................................... 140 Staff Professional II .......................................................................................... 135 Staff Professional I ........................................................................................... 130 Associate Staff Professional II ......................................................................... 120 Associate Staff Professional I .......................................................................... 115 CAD Designer .................................................................................................... 140 CAD Draftsperson ............................................................................................. 95 Office Service Manager .................................................................................... 125 Secretarial/Clerical .......................................................................................... 85 Sr. Technician ................................................................................................... 115 Technician......................................................................................................... 105 CQA Technician ................................................................................................. 85 1. The hourly rates are effective through March 31, 2025. Work performed thereafter is subject to a new Fee Schedule issued for the period beginning April 1, 2025. 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 $0.82 per mile for autos and $0.92 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: 27F8CE5A-53C5-438A-81E8-B3EC1B8C13E2 Certificate Of Completion Envelope Id: 27F8CE5A53C5438A81E8B3EC1B8C13E2 Status: Completed Subject: ***Purchasing Approval*** 7109-032 Amendment 1 Source Envelope: Document Pages: 8 Signatures: 4 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 9/12/2024 2:08:17 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: 9/12/2024 2:09:34 PM Viewed: 9/12/2024 2:09:49 PM Signed: 9/12/2024 2:10:02 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: 198.49.140.104 Sent: 9/12/2024 2:10:04 PM Viewed: 9/12/2024 2:16:41 PM Signed: 9/12/2024 2:16:46 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Marcella Lunn marcella.lunn@cityofdenton.com Senior 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: 9/12/2024 2:16:48 PM Viewed: 9/12/2024 3:38:33 PM Signed: 9/12/2024 3:38:54 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: 9/12/2024 3:38:56 PM Viewed: 9/12/2024 5:28:31 PM Signed: 9/12/2024 5:30:14 PM Electronic Record and Signature Disclosure: Accepted: 9/12/2024 5:28:31 PM ID: 741a0b80-8e25-4aa8-8dfa-ad095ece2c5d 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: 166.198.250.135 Signed using mobile Sent: 9/12/2024 5:30:17 PM Viewed: 9/12/2024 5:36:53 PM Signed: 9/12/2024 5:37:38 PM Electronic Record and Signature Disclosure: Accepted: 9/12/2024 5:36:53 PM ID: 202601ea-dc53-44a3-9363-f48fcc58ee35 Crystal Westbrook crystal.westbrook@cityofdenton.com Senior Buyer City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 9/12/2024 5:37:40 PM Viewed: 9/13/2024 8:13:57 AM Signed: 9/13/2024 8:14:03 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign 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 Arturo Garcia Arturo.Garcia@cityofdenton.com Solid Waste Project Manager Solid Waste & Recycling Security Level: Email, Account Authentication (None) Sent: 9/13/2024 8:14:05 AM Electronic Record and Signature Disclosure: Accepted: 2/8/2024 10:58:53 AM ID: b8721bbf-de91-429d-a1ba-f9696e3b633e Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication (None) Sent: 9/13/2024 8:14:05 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 9/12/2024 2:09:34 PM Certified Delivered Security Checked 9/13/2024 8:13:57 AM Signing Complete Security Checked 9/13/2024 8:14:03 AM Envelope Summary Events Status Timestamps Completed Security Checked 9/13/2024 8:14:05 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. 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. Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: Ryan Kuntz, Brian Boerner, Arturo Garcia 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.