Survey Landfill Cell 3-6146-Award/Ordinance/Pricing
Docusign City Manager Approval Transmittal Coversheet
File Name
Purchasing Contact
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6146
Surveying Services for Cell 3 - Solid Waste
File
Rebecca Hunter
Request for City Manager Approval of Purchase
DATE: May 31, 2016 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Vance Kemler at 349-8044
ACM: Bryan Langley
SUBJECT
Approve a contract with Coleman & Associates Land Surveying, Denton, Texas, to provide
professional surveying services associated with the construction of Cells 3B – 3D at the City’s
Landfill in the amount of $86,630. (File 6146).
BACKGROUND INFORMATION
Coleman and Associates Land Surveying of Denton, Texas has provided the Solid Waste &
Recycling Department with professional surveying services for several years. The landfill is
required to perform annual surveys for utilization and data submittal to the Texas Commission of
Environmental Quality (TCEQ) concerning landfill airspace utilization and other survey
information as part of the operation of the facility. During years when cell construction is
conducted Coleman & Associates has provided professional services in support and confirmation
of the cell design and construction requirements. In addition, the Department utilizes Coleman &
Associates Land surveying for other capital and construction projects that require the use of a
State of Texas licensed land surveyor.
Coleman & Associates were the site surveyors for the prior phase of construction (FY 2013), and
are recommended by staff to provide surveying services for the Phase 3 cell construction to be
initiated during the late summer and fall of the current calendar year. Surveying is necessary to
determine cell construction elevations, to provide construction benchmarks, and to determine
excavation volumes. In accordance with Texas Local Government Code 252.022, the
procurement of professional services is exempt from the requirement of competition based
selection.
RECOMMENDATION
Approve a contract with Coleman & Associates Land Surveying in the amount of $86,630.
PRINCIPAL PLACE OF BUSINESS
Denton, TX
ESTIMATED SCHEDULE OF PROJECT
Approximately six (6) months, prior to and ongoing during the cell construction process.
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Request for City Manager Approval
Page 2
CONTRACT ADMINISTRATOR
Vance Kemler 940-349-8044
FISCAL INFORMATION
Coleman and Associates Land Surveying is recommended by staff to provide City of Denton
landfill surveying services in the amount of $86,630. Funding will be provided from solid waste
cell construction job cost account number 660172595.
Attachments:
Exhibit 1 – Contract
Exhibit 2 – PUB Minutes
Requested by:
Name: Vance Kemler
Phone 940-349-8044
Requisition # 129183
Respectfully submitted:
Purchasing
Expenditure Approved:
__________________________
City Manager or Designate
__________________________
Date
DocuSign Envelope ID: 81FC0EF7-BEFE-42C3-A8F7-A9E01691FBFB
6/23/2016
STATE OF TEXAS §
§
COUNTY OF DENTON §
PROFESSIONAL AND PERSONAL SERVICES AGREEMENT
FOR SURVEYING SERVICES
RELATING TO THE CITY OF DENTON SOLID WASTE DIVISION
FILE 6146
THIS AGREEMENT is made and entered into on ____________________, 2016, by
and between the City of Denton, Texas, a Texas municipal corporation, with its principal office
at 215 East McKinney Street, Denton, Texas 76201, hereinafter called “CITY”; and Coleman
and Assoc. Land Surveying, with its offices at PO Box 686, Denton, Texas 76202, hereinafter
called “CONSULTANT”; the CITY and CONSULTANT are acting herein, by and through their
duly-authorized officials and representatives.
WITNESSETH, that in consideration of the covenants and agreements herein contained,
the parties hereto do mutually AGREE as follows:
ARTICLE I
ENGAGEMENT OF CONSULTANT
The CITY hereby contracts with the CONSULTANT, as an independent contractor; and
the CONSULTANT hereby agrees to perform the services herein in connection with the Project
as stated in the sections to follow, with diligence and in accordance with the professional
standards customarily obtained for such services in the State of Texas. The professional and
personal services to be performed by CONSULTANT are in connection with the following
described project (hereinafter referred to as the “Project”) and further detailed in Article II listed
below:
The project shall include without limitation, surveying services that are necessary, as
described in the CONSULTANT’S Proposal to CITY dated April 11, 2016, outlined in
Attachment “A” attached hereto and incorporated herewith by reference, to assist the
CITY in providing Surveying Services; within the City of Denton, Texas ("Project").
ARTICLE II
SCOPE OF SERVICES
The CONSULTANT shall perform the following services in a professional manner:
A. The CONSULTANT shall perform all those Basic Services as necessary, and as
described in the CONSULTANT’S Proposal for Surveying Services for Cell 3, dated
April 11, 2016, which is attached hereto and incorporated herewith by reference as
Attachment “A”.
B. If there is any conflict between the terms of this Agreement and the Attachment(s) to this
Agreement, the terms and conditions of this Agreement will control over the terms and
conditions of the Attachment(s).
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C. CONSULTANT shall keep CITY informed with a defined reporting system, and by
personal meetings. All lines of communication shall remain open with both the CITY and
the CONSULTANT, and any other referenced party.
D. CONSULTANT shall be available for any unexpected issues that may arise after the
completion of the contract requirements and statement of work.
ARTICLE III
ADDITIONAL SERVICES
Additional services to be performed by the CONSULTANT, if authorized by the CITY in
writing, which are not included in the above-described Basic Services, are described as follows:
A. Assisting CITY or contractor in the defense of litigation in connection with or in addition
to those services contemplated by this Agreement. Such services, if any, shall be
furnished by CONSULTANT on a fee basis negotiated by the respective parties outside
of and in addition to this Agreement.
B. Any additional services not included in Basic Services.
ARTICLE IV
DURATION OF AGREEMENT
and
COMPLETION OF SERVICES
This Agreement shall become effective upon execution of this Agreement by the CITY
and the CONSULTANT and upon the issuance of a notice to proceed by the CITY, and shall
remain in effect until successful completion of the Project, including Additional Services, if any,
and any required extensions approved by the CITY, and acceptance by the CITY has been
achieved. This Agreement may be sooner terminated in accordance with the provisions hereof.
Time is of the essence in this Agreement. CONSULTANT’s work shall be completed in a
timely manner. The CONSULTANT shall make all reasonable efforts to complete the services
set forth herein as expeditiously as possible and to meet the schedule established by the CITY,
acting through its City Manager or his designee.
ARTICLE V
COMPENSATION
A. COMPENSATION TERMS:
1. “Subcontract Expense” is defined as expenses incurred by the CONSULTANT in
employment of others in outside firms for services.
2. “Direct Non-Labor Expense” is defined as that expense for any assignment
incurred by the CONSULTANT for supplies, transportation, travel,
communications, subsistence, and lodging away from home, and similar
incidental expenses in connection with that assignment.
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B. BILLING AND PAYMENT: For and in consideration of the professional services to be
performed by the CONSULTANT herein, the CITY agrees to pay, including
reimbursement for direct non-labor expenses, not to exceed eighty-six thousand, six
hundred thirty and no/100 ($86,630.00).
Partial payments to the CONSULTANT will be made on the basis of detailed monthly
statements rendered to and approved by the CITY through its City Manager or his
designee; however, under no circumstances shall any monthly statement for services
exceed the value of the work performed at the time a statement is rendered. The CITY
may withhold the final five percent (5%) of the contract amount until satisfactory
completion of the Project.
Nothing contained in this Article shall require the CITY to pay for any work which is
unsatisfactory, as reasonably determined by the City Manager or his designee, or which is
not submitted in compliance with the terms of this Agreement. The CITY shall not be
required to make any payments to the CONSULTANT when the CONSULTANT is in
default under this Agreement.
It is specifically understood and agreed that the CONSULTANT shall not be authorized
to undertake any work pursuant to this Agreement which would require additional
payments by the CITY for any charge, expense, or reimbursement above the maximum
not to exceed fee as stated, without first having obtained written authorization from the
CITY. The CONSULTANT shall not proceed to perform the services listed in Article III
“Additional Services,” without obtaining prior written authorization from the CITY.
C. ADDITIONAL SERVICES: For additional services authorized in writing by the CITY
in Article III hereinabove, the CONSULTANT, as stipulated in CONSULTANT’S
“Pricing and Fees” to the CITY, attached hereto and incorporated herewith by reference
as Attachment “A”, shall submit invoices for additional services and such invoices shall
be due and payable upon submission by the CONSULTANT with CONSULTANT’s
regular monthly statement as provided for hereinabove. Statements shall not be
submitted more frequently than monthly.
D. PAYMENT: If the CITY fails to make payments due the CONSULTANT for services
and expenses within thirty (30) days after receipt of the CONSULTANT’s undisputed
statement thereof, the amounts due the CONSULTANT will be increased by the rate of
one percent (1%) per month, from and after the said thirtieth (30th) day, and, in addition,
the CONSULTANT may, after giving seven (7) days written notice to the CITY, suspend
services under this Agreement until the CONSULTANT has been paid in full all amounts
due for services, expenses, and charges, provided, however, nothing herein shall require
the CITY to pay the late charge of one percent (1%) set forth herein if the CITY
reasonably determines that the work is unsatisfactory, in accordance with this Article V,
“Compensation.”
E. CITY and CONSULTANT recognize that the scope of services and compensation under
this Agreement are predicated upon (i) current audit requirements imposed by laws,
regulations and professional standards relating to such services; (ii) expectations of
reasonable cooperation with CONSULTANT by CITY pursuant to this Agreement; and
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(iii) the absence of any irregularities or circumstances which might necessitate the
extension of audit services beyond the normal scope of auditing services.
F. Should (i) irregularities; (ii) the absence of such reasonable cooperation; (iii) increase in
the level of services required under applicable laws, regulations or professional standards;
or (iv) other unforeseen conditions be encountered which might necessitate the extension
of auditing work beyond the scope of normal auditing procedures, CONSULTANT
agrees to advise CITY promptly in writing of the circumstances and to request an
equitable adjustment in the maximum fee before significant additional time is incurred by
CONSULTANT. Any such requests for adjustments shall be in writing and shall contain
an explanation of why the adjustments are necessary.
G. CITY and CONSULTANT agree to negotiate in good faith to determine any equitable
adjustment in the maximum fee, or fees for requested additional services. Should the
CITY and the CONSULTANT be unable to agree upon an equitable adjustment within
fourteen (14) days of a written request, or such other time period as agreed upon in
writing by the CITY and the CONSULTANT, either party may, notwithstanding any
other provision in this Agreement, terminate this Agreement upon thirty (30) days written
notice to the other party. CITY shall be liable for time and expenses actually incurred by
CONSULTANT except for any such additional time and expense which has been
incurred as a result of the circumstances necessitating the adjustment.
ARTICLE VI
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT will exercise reasonable care and due diligence in discovering and
promptly reporting to the CITY any defects or deficiencies in the work of the CONSULTANT or
any subcontractors or subconsultants.
ARTICLE VII
OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by the CONSULTANT (and CONSULTANT’s
subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and
shall become the property of the CITY upon the termination of this Agreement. The
CONSULTANT is entitled to retain copies of all such documents. The documents prepared and
furnished by the CONSULTANT are intended only to be applicable to this Project, and CITY’s
use of these documents in other projects shall be at CITY’s sole risk and expense. In the event
the CITY uses any of the information or materials developed pursuant to this Agreement in
another project or for other purposes than specified herein, CONSULTANT is released from any
and all liability relating to their use in that project.
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ARTICLE VIII
INDEPENDENT CONTRACTOR
CONSULTANT shall provide services to CITY as an independent contractor, not as an
employee of the CITY. CONSULTANT shall not have or claim any right arising from employee
status.
ARTICLE IX
INDEMNITY AGREEMENT
CONSULTANT shall indemnify and save and hold harmless the CITY and its officers, agents,
and employees from and against any and all liability, claims, demands, damages, losses and
expenses, including but not limited to court costs and reasonable attorney fees incurred by the
CITY in each case solely for injury, death and physical damages to real or tangible personal
property to the extent resulting from the negligent acts or omissions of the CONSULTANT or its
officers, partners, agents, or employees in the execution, operation, or performance of this
Agreement; except that the indemnity provided for in this Section shall not apply to any liability
resulting from the sole negligence of CITY, its officers, agents, employees or separate
contractors, and in the event of joint and concurrent negligence of both CONSULTANT and
CITY, responsibility, if any, shall be apportioned comparatively in accordance with the laws of
the State of Texas.
As a condition to the foregoing indemnity obligation, CITY shall provide CONSULTANT with
prompt notice of any claim for which indemnification shall be sought hereunder and shall
cooperate in all reasonable respects with CONSULTANT in connection with any such claim.
CONSULTANT shall be entitled to control the handling of any such claim, with full disclosure
of any and all claims, and actions taken thereunder, to the CITY; and CONSULTANT shall be
entitled to defend or settle any such claim, in its sole discretion, with counsel of its own
choosing.
Nothing in this agreement shall be construed to create a liability to any person who is not a party
to this Agreement and nothing herein shall waive any of the party’s defenses, both at law or
equity, to any claim, cause of action or litigation filed by anyone not a party to this Agreement,
including the defense of governmental immunity, which defenses are hereby expressly reserved.
ARTICLE X
INSURANCE
Without limiting any of the other obligations or liabilities of the CONSULTANT, the
CONSULTANT shall provide and maintain during the performance of the Services under this
Agreement, and until the contracted work has been completed and accepted by the City of
Denton, the minimum insurance coverage as indicated hereinafter.
1. During the performance of the services under this Agreement, CONSULTANT shall
maintain the following insurance with an insurance company licensed to do business in
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the State of Texas by the State Insurance Commission or any successor agency that has a
rating with Best Rate Carriers of at least an A- or above:
2. Comprehensive General Liability Insurance with bodily injury and property damage
limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the
aggregate.
3. Automobile Liability Insurance with combined single limit bodily injury and property
damage of not less than $500,000 for each accident.
4. Consultant shall purchase and maintain Workers’ Compensation insurance which, in
addition to meeting the minimum statutory requirements for issuance of such insurance,
has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 policy limit for occupational disease. The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any work
performed for the City by the Named Insured. For building or construction projects, the
Consultant shall comply with the provisions in accordance with §406.096 of the Texas
Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission
(TWCC).
5. Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate.
6. The CONSULTANT shall furnish insurance certificates or insurance policies at the
CITY’s request to evidence such coverage’s. Except for workers’ compensation,
employer’s liability, and professional liability policies, the above insurance policies shall
name the CITY as an additional insured on all such policies. Such insurance shall not be
canceled or the coverage reduced without thirty (30) days’ prior written notice (ten (10)
days if for premium nonpayment) to CITY and CONSULTANT. In such event, the
CONSULTANT shall, prior to the effective date of the change or cancellation, serve
substitute policies furnishing the same coverage.
Cancellation: City requires thirty (30) day written notice should any of the policies
described on the certificate be cancelled or materially changed before the expiration
date.
ARTICLE XI
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The parties may agree to settle any disputes under this Agreement by submitting the
dispute to arbitration or other means of alternate dispute resolution, such as mediation. No
arbitration or alternate dispute resolution arising out of or relating to this Agreement, involving
one party’s disagreement may include the other party to the disagreement without the other’s
approval.
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ARTICLE XII
TERMINATION OF AGREEMENT
A. Notwithstanding any other provision of this Agreement, either party may terminate by
giving thirty (30) days advance written notice to the other party.
B. This agreement may be terminated in whole or in part in the event of either party
substantially failing to fulfill its obligations under this Agreement. No such termination
will be effected unless the other party is given (1) written notice (delivered by certified
mail, return receipt requested) of intent to terminate and setting forth the reasons
specifying the nonperformance , and not less than thirty (30) days to cure the failure, and
(2) an opportunity for consultation with the terminating party prior to termination.
C. If the agreement is terminated prior to completion of the services to be provided
hereunder, CONSULTANT shall immediately cease all services and shall render a final
bill for services to the CITY within thirty (30) days after the date of termination. The
CITY shall pay CONSULTANT for all services rendered and performed to the
reasonable satisfaction of CITY and for reimbursable expenses incurred prior to the date
of termination in accordance with the terms of this Agreement. Should the CITY
subsequently contract with a new CONSULTANT for the continuation of services on the
audit engagement, CONSULTANT shall reasonably cooperate in providing information
in accordance with, and to the extent required by, applicable professional standards and
subject to the terms of this Agreement. The CONSULTANT shall turn over all
documents prepared or furnished by CONSULTANT for delivery to CITY pursuant to
this Agreement to the CITY on or before date of termination, provided that prior thereto,
with respect to the documents such as working papers which are merely drafts and not
necessarily appropriate for CITY’s use or reliance, the parties shall negotiate in good
faith a non-disclosure agreement and/or release in a form satisfactory to both parties.
CONSULTANT may maintain copies of such documents for file documentation.
ARTICLE XIII
SUBCONTRACTING
Neither this Agreement, nor the services to be provided hereunder may be assigned or
subcontracted without prior written approval of CITY.
ARTICLE XIV
RETENTION OF AND ACCESS TO RECORDS
CONSULTANT agrees that CITY shall, until the expiration of five (5) years after the final
payment under this Agreement, have access to and the right to examine any directly
pertinent books, documents, papers, and records of the CONSULTANT involving
transactions relating to this Agreement. CONSULTANT agrees that CITY shall have
access during normal working hours to all necessary CONSULTANT facilities and shall
be provided adequate and appropriate working space in order to conduct audits in
compliance with this section. CITY shall give CONSULTANT reasonable advance
notice of intended audits.
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ARTICLE XV
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval by the CITY shall not constitute, nor be deemed a release of the responsibility
and liability of the CONSULTANT, its employees, associates, agents, subcontractors, and
subconsultants for the accuracy and competency of their work; nor shall such approval be
deemed to be an assumption of such responsibility by the CITY for any defect in the work
prepared by the CONSULTANT, its employees, associates, agents, subcontractors and
subconsultants.
ARTICLE XVI
NOTICES
All legal notices and communications required or permitted under this Agreement shall
be personally delivered or mailed to the respective parties by depositing same in the United
States mail to the addresses shown below, certified mail, return receipt requested, unless
otherwise specified herein:
To CONSULTANT: To CITY:
William M. Coleman, R.P.L.S. City of Denton
Coleman and Associates Land Surveying George Campbell
PO Box 686 City Manager
Denton, TX 76202 215 E. McKinney
Denton, TX 76201
All notices shall be deemed effective upon receipt by the party to whom such notice is
given, or within three (3) days after the date of mailing.
ARTICLE XVII
ENTIRE AGREEMENT
This Agreement, consisting of twelve (12) pages, Attachment A and Attachment B,
constitutes the complete and final expression of the Agreement of the parties, and is intended as
a complete and exclusive statement of the terms of their agreements, and supersedes all prior
contemporaneous offers, promises, representations, negotiations, discussions, communications,
understandings, and agreements which may have been made in connection with the subject
matter of this Agreement.
ARTICLE XVIII
SEVERABILITY
If any provision of this Agreement is found or deemed by a court of competent
jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of
this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event,
the parties shall reform this Agreement to replace such stricken provision with a valid and
enforceable provision which comes as close as possible to expressing the intention of the stricken
provision.
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ARTICLE XIX
COMPLIANCE WITH LAWS
The CONSULTANT shall comply with all federal, state, and local laws, rules,
regulations, and ordinances applicable to the work covered hereunder as they may now read or
hereinafter be amended.
ARTICLE XX
EMPLOYMENT PRACTICES / DISCRIMINATION PROHIBITED
In performing the services required hereunder, CONSULTANT shall not discriminate against
any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical
handicap. CONSULTANT agrees that in connection with the services to be provided to CITY
hereunder that it will comply with all applicable laws and regulations regarding employment
discrimination applicable to CONSULTANT.
ARTICLE XXI
PERSONNEL / CONFLICTS OF INTEREST
A. CONSULTANT represents that it has or will secure at its own expense all professional
and support personnel required to perform all the services required under this Agreement.
Such personnel shall not be employees or officers of, nor have any contractual relations
with CITY. CONSULTANT shall inform the CITY of any conflict of interest under the
Standards of Professional Appraisal Practice of the Appraisal Institute composed of the
Uniform Standards of Professional Practice (USPAP), promulgated by the Appraisal
Standards Board of The Appraisal Foundation that may be discovered or arise during the
term of this Agreement.
B. All services required hereunder will be performed by CONSULTANT. All personnel
engaged in work shall have the necessary skills and experience, and shall be authorized
and permitted under state and local laws to perform such services.
ARTICLE XXII
ASSIGNABILITY
The CONSULTANT shall not assign any interest in this Agreement, and shall not
transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without
the prior written consent of the CITY.
ARTICLE XXIII
MODIFICATION OR AMENDMENT
No waiver or modification of this Agreement or of any covenant, condition or limitation herein
contained shall be valid unless in writing and duly executed by the party to be charged therewith
and no evidence of any waiver or modification shall be offered or received in evidence in any
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proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or
obligations of the parties hereunder, unless such waiver or modification is in writing, duly
executed; and, the parties further agree that the provisions of this section will not be waived
unless as herein set forth.
No amendment of this Agreement shall be valid unless in writing and signed by both parties.
ARTICLE XXIV
FORCE MAJEURE
Notwithstanding any other provision in this Agreement, CONSULTANT shall not be liable or
held responsible for any failure to perform or delays in performing its obligations under this
Agreement, including but not limited to, the completion of the audit and issuance of its report
thereon, which result from circumstances or causes beyond CONSULTANT’s reasonable
control, including, without limitation, acts or omissions or the failure to cooperate pursuant to
this Agreement by CITY (including, without limitation, entities or individuals under its control,
or any of their respective officers, directors, employees, other personnel and agents), fire or
casualty, act of God, strike or labor disputes, war or other violence, or any law, order or
requirement of any governmental agency or authority.
ARTICLE XXV
MISCELLANEOUS
A. The following Attachment(s) are attached to, incorporated herewith by reference, and
made a part of this Agreement:
Attachment A: Proposal for Surveying Services of Cell 3, dated April 11, 2016
Attachment B: City of Denton Conflict of Interest Questionnaire
B. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton
County, Texas. This Agreement shall be governed by and construed in accordance with
the laws of the State of Texas.
C. For the purpose of this Agreement, the key persons who will perform most of the work
hereunder shall be William M. Coleman, R.P.L.S. However, nothing herein shall limit
CONSULTANT from using other qualified and competent members of its firm to
perform the services required herein.
D. CONSULTANT shall commence, carry on, and complete any and all projects with all
applicable dispatch, in a sound, economical, and efficient manner and in accordance with
the provisions hereof. In accomplishing the projects, CONSULTANT shall take such
steps as are appropriate to ensure that the work involved is properly coordinated with
related work being carried on by the CITY.
E. The CITY shall assist the CONSULTANT by placing at the CONSULTANT’s disposal
all available information pertinent to the Project, including previous reports, any other
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data relative to the Project, and arranging for the access thereto, and make all provisions
for the CONSULTANT to enter in or upon public and private property as required for the
CONSULTANT to perform services under this Agreement.
F. The captions of this Agreement are for informational purposes only, and shall not in any
way affect the substantive terms or conditions of this Agreement.
ARTICLE XXVI
RIGHT TO AUDIT
The CITY shall have the right to audit and make copies of the books, records and computations
pertaining to this agreement. The CONSULTANT shall retain such books, records, documents
and other evidence pertaining to this Agreement during the contract period and five years
thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case
records shall be kept until all audit tasks are completed and resolved. These books, records,
documents and other evidence shall be available, within ten (10) business days of written
request. Further, the CONSULTANT shall also require all Subcontractors, material suppliers,
and other payees to retain all books, records, documents and other evidence pertaining to this
agreement, and to allow the CITY similar access to those documents. All books and records will
be made available within a 50 mile radius of the City of Denton. The cost of the audit will be
borne by the CITY unless the audit reveals an overpayment of 1% or greater. If an overpayment
of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be
borne by the CONSULTANT which must be payable within five business days of receipt of an
invoice.
Failure to comply with the provisions of this section shall be a material breach of this contract
and shall constitute, in the CITY’S sole discretion, grounds for termination thereof. Each of the
terms "books", "records", "documents" and "other evidence", as used above, shall be construed
to include drafts and electronic files, even if such drafts or electronic files are subsequently used
to generate or prepare a final printed document.
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IN WITNESS HEREOF, CITY and CONSULTANT have hereby executed this
Agreement in three (3) original counterparts; the CITY acting by and through its duly-authorized
Purchasing Agent; and the CONSULTANT acting by and through its duly-authorized,
undersigned officer, on this date:
_________________________________.
“CITY” “CONSULTANT”
CITY OF DENTON, TEXAS COLEMAN AND ASSOCIATES LAND
SURVEYING
By: _____________________________ By: ______________________________
George Campbell, AUTHORIZED SIGNATURE
City Manager
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: __________________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: __________________________________
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Attachment A
Coleman & Associates Land Surveying
Proposal for Surveying Services for Cell 3
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DocuSign Envelope ID: 81FC0EF7-BEFE-42C3-A8F7-A9E01691FBFB
DocuSign Envelope ID: 81FC0EF7-BEFE-42C3-A8F7-A9E01691FBFB
DocuSign Envelope ID: 81FC0EF7-BEFE-42C3-A8F7-A9E01691FBFB
Exhibit 2
DRAFT MINUTES 1
PUBLIC UTILITIES BOARD 2
May 23, 2016 3
4
After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is 5
present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on 6
Monday, May 23, 2016 at 9:03 a.m. in the Service Center Training Room at the City of Service 7
Center, 901 A Texas Street, Denton, Texas. 8
9
Present: Chair Randy Robinson, Vice Chair Phil Gallivan, Barbara Russell, Lilia 10
Bynum, Charles Jackson, Brendan Carroll and Susan Parker 11
12
Absent: George Campbell, City Manager 13
14
Ex Officio Members: Howard Martin, ACM Utilities 15
16
OPEN MEETING 17
18
CONSENT AGENDA 19
20
A. PUB16-84 Consider a recommendation for Coleman & Associates Land Surveying, 21
Denton, Texas to provide professional surveying services associated with the 22
construction of Cells 3B – 3D at the City’s Landfill in the amount of $86,630. 23
(PSA 6146) 24
25
This item was pulled by Board Member Carroll with a question of what is cost plus, what is the 26
plus. Scott Lebsack, Business Development & Admin Dept. Mgr., stated that a quote was set for 27
certain scope of services. If work is required outside of the scope, they are available for an 28
additional charge. 29
30
There was a motion to approve this item by Board Member Carroll, with a second by 31
Board Member Russell. The vote was 7-0 approved. 32
33
Adjournment 11:28 p.m. 34
DocuSign Envelope ID: 81FC0EF7-BEFE-42C3-A8F7-A9E01691FBFB
Certificate Of Completion
Envelope Id: 81FC0EF7BEFE42C3A8F7A9E01691FBFB Status: Completed
Subject: ****City Manager Approval - Docusign Item 6146 Coleman Surveying for City of Denton Landfill Cell 3
Source Envelope:
Document Pages: 22 Signatures: 6 Envelope Originator:
Certificate Pages: 6 Initials: 0 Rebecca Hunter
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
rebecca.hunter@cityofdenton.com
IP Address: 129.120.6.150
Record Tracking
Status: Original
5/26/2016 3:13:24 PM
Holder: Rebecca Hunter
rebecca.hunter@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Rebecca Hunter
rebecca.hunter@cityofdenton.com
Senior Buyer
City of Denton
Security Level: Email, Account Authentication
(Optional)
Completed
Using IP Address: 129.120.6.150
Sent: 5/31/2016 11:01:10 AM
Viewed: 5/31/2016 11:01:21 AM
Signed: 5/31/2016 11:02:13 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
ID:
Elton Brock
elton.brock@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(Optional)
Using IP Address: 129.120.6.150
Sent: 5/31/2016 11:02:15 AM
Viewed: 5/31/2016 1:30:54 PM
Signed: 5/31/2016 1:31:21 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
ID:
Wm. M. Coleman
marc@colemansurveying.com
Security Level: Email, Account Authentication
(Optional)
Using IP Address: 96.226.245.172
Sent: 5/31/2016 1:31:23 PM
Resent: 6/16/2016 7:58:28 AM
Resent: 6/20/2016 9:27:47 AM
Viewed: 6/20/2016 2:25:52 PM
Signed: 6/20/2016 2:27:18 PM
Electronic Record and Signature Disclosure:
Accepted: 6/20/2016 2:25:52 PM
ID: 98bba49d-adc7-47d6-85fd-70e43d8af27c
John Knight
john.knight@cityofdenton.com
Deputy City Attorney
City of Denton
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Using IP Address: 129.120.6.150
Sent: 6/20/2016 2:27:21 PM
Viewed: 6/20/2016 2:37:16 PM
Signed: 6/20/2016 2:37:49 PM
Electronic Record and Signature Disclosure:
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ID:
Signer Events Signature Timestamp
George C. Campbell
george.campbell@cityofdenton.com
City Manager
City of Denton
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(Optional)
Using IP Address: 129.120.6.150
Sent: 6/20/2016 2:37:52 PM
Viewed: 6/23/2016 11:22:09 AM
Signed: 6/23/2016 11:22:28 AM
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ID:
Jennifer Walters
jennifer.walters@cityofdenton.com
City Secretary
City of Denton
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Using IP Address: 129.120.6.150
Sent: 6/23/2016 11:22:31 AM
Viewed: 6/23/2016 2:02:12 PM
Signed: 6/23/2016 2:02:27 PM
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ID:
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
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Intermediary Delivery Events Status Timestamp
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Carbon Copy Events Status Timestamp
Robin Fox
Robin.fox@cityofdenton.com
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(Optional)
Sent: 6/20/2016 2:27:21 PM
Electronic Record and Signature Disclosure:
Accepted: 10/9/2015 11:39:51 AM
ID: 04463961-03db-4c4d-9228-d660d6146ed6
Sherri Thurman
sherri.thurman@cityofdenton.com
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(Optional)
Sent: 6/20/2016 2:27:21 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
ID:
Jane Richardson
jane.richardson@cityofdenton.com
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(Optional)
Sent: 6/23/2016 2:02:30 PM
Viewed: 6/23/2016 2:09:56 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
ID:
Jennifer Bridges
jennifer.bridges@cityofdenton.com
Procurement Assistant
City of Denton
Security Level: Email, Account Authentication
(Optional)
Sent: 6/23/2016 2:02:30 PM
Viewed: 6/27/2016 7:30:38 AM
Carbon Copy Events Status Timestamp
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
ID:
Julia Winkley
julia.Winkley@cityofdenton.com
Contracts Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(Optional)
Sent: 6/23/2016 2:02:30 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
ID:
Scott Lebsack
scott.lebsack@cityofdenton.com
Security Level: Email, Account Authentication
(Optional)
Sent: 6/23/2016 2:02:30 PM
Viewed: 6/23/2016 2:10:26 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
ID:
Notary Events Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 6/23/2016 2:02:30 PM
Certified Delivered Security Checked 6/23/2016 2:02:30 PM
Signing Complete Security Checked 6/23/2016 2:02:30 PM
Completed Security Checked 6/23/2016 2:02:30 PM
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Electronic Record and Signature Disclosure created on: 4/20/2015 2:25:38 PM
Parties agreed to: Wm. M. Coleman, Robin Fox
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