HomeMy WebLinkAbout2014-228AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE (3) YEAR
PROFESSIONAL SERVICES AGREEMENT (PSA) WITH COLEMAN AND ASSOCIATES
LAND SURVEYING FOR GROUND SURVEYING SERVICES FOR THE CITY OF DENTON
LANDFILL; AND PROVIDING FOR AN EFFECTIVE DATE (FILE 5571—GROUND
SURVEYING SERVICES FOR CITY OF DENTON LANDFILL AWARDED TO COLEMAN
AND ASSOCIATES LAND SURVEYING IN AN AMOUNT NOT TO EXCEED $350,000).
WHEREAS, the professional services provider (the "Provider) mentioned in this ordinance
is being selected as the most highly qualified on the basis of its demonstrated competence and
qualifications to perform the proposed professional services; and
WHEREAS, the fees under the proposed agreeement are fair and reasonable and are
consistent with and not higher than the recommended practices and fees published by the
professional associations applicable to the Provider's profession and such fees do not exceed the
maximum provided by law; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager is hereby authorized to enter into a professional service
agreement with Coleman and Associates Land Surveying, to provide professional ground surveying
services for the City of Denton Landfill, a copy of which is attached hereto and incorporated by
reference herein.
SECTION 2. The City Manager is authorized to expend funds as required by the attached
contract.
SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of Denton
under File 5571 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 4. The findings in the preamble of this ordinance are incorporated herein by
reference.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
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PASSED AND APPROVED this the day of ' "�,F �� , 2014.
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('3WtlWATTS...........
MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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APPleOVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: 'i
STATE OF TEXAS §
COUNTY OF DENTON §
PROFESSIONAL AND PERSONAL SERVICES AGREEMENT
FOR SURVEYING SERVICES
TH S AGREEMEN't' is made and entered into as of the day of
6t�L! /JI 22014, by and between the City of Denton, Texas, a Texas municipal corporation,
wit vits - -princlptal office at 215 East McKinney Street, Denton, Texas 76201, hercinafter 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
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 11 listed
below:
The project shall include without limitation, surveying services that are necessary, as
described in the CONSULTANT'S Proposal to CITY dated May 23, 2014, 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 11 0
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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 "2015-2018 Proposal for Surveying Services, dated
May 23, 2014" 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).
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.
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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 for three years from the contract date, or 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.
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"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.
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 three hundred and fifty
thousaiid dollars and no/] OQ �$351 �000.
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 (301h) 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
(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
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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.
All documents prepared or famished 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.
ARTICLE VIII
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.
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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.
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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.
During the performance of the services under this Agreement, CONSULTANT shall
maintain the following insurance with an insurance company licensed to do business in
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.
ARTICLE XII
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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 inforniation
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.
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Neither this Agreement, nor the services to be provided hereunder may be assigned or
subcontracted without prior written approval of CITY.
ARTICLE XIV
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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.
ARTICLE XV
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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.
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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.
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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.
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.
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.
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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.
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.
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
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.
• 01
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.
A. The following Attachment(s) are attached to, incorporated herewith by reference, and
made a part of this Agreement:
Attachment A: 2015-2018 Proposal for Surveying Services dated May 23, 2014
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
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.
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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.
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 the ' (lay of �, 2014.
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"CONSULTANT,,
CITY OF DENTON, TEXAS COLEMAN AND ASSOCIATES LAND
_ SURVEYING
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By: �µ � ry �- By:
corgc Campbell, Wrlliaill M. Cc lex� iiz l� ,
City Manager
WITNESS
FOR CONSULTANT 1
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By:
ATTEST:
JL ER WALTERS, CIT SECRETARY
BY.
A P1' V E-, D A TO LEGAL FORM:
A t°I 1 E S, J iY A"1 ORNEY
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Coleman & Associates Land Surveying
2015-2018 Proposal for Surveying Services,
PSA 5571 - ATTACHMENT A
Coleman & Assoc. Land Surveying
P.O. Box 686
Denton, Texas 76202
Phone (940).565-8215 Fax (940)565-9800
May 23, 2014
David Dugger
City of Denton Landfill
1527 South Mayhill Road
Denton, TX 76208
Re: 2015-2018 Proposal for Surveying Services
Mr. David Dugger,
Pursuant to your request, we are pleased to provide you with the following three-year agreement to provide
professional surveying services.
1. Project Description
The project consists of using GPS and conventional technology to provide professional surveying and mapping
services for the City of Denton Landfill Operations situated in the City and County of Denton, Texas.
2. Basic Services
The basic services Coleman & Associates Land Surveying will provide on, acting in the capacity of a
professional surveyor, include, but are not limited to, the following:
A. Provide topographical field information on the current active landfill area using previously
established control and reference datum in order to monitor the changes in the volume of fill on a
quarterly and annual basis scheduled as follows:
Quarterly Reports:
1 December
2 March
3 June
4 September
Annual Report:
1 September
Page 1 of 4
PSA 5571 - ATTACHMENT A
B. Calculate the volume of fill and compaction ratios and present results in a written report with
supporting drawings on a quarterly and annual basis.
C. Provide Additional Survey and Mapping information as specified by the Landfill management to
include, but not limited to: Maps & Reports for Subsidence monitoring of Cell 1, 2 & 3; Gas
Collection & Gas Gathering System Mapping; Exhibits and Maps with Metes & Bounds
Descriptions for Lease Tracts within the property boundary; Topographic Surveys; As -Built
Construction Surveys; Construction Staking; Submittals to national, state & local government
entities; Representation in Planning, Zoning & Platting cases; Boundary Surveying & Analysis;
R-O-W Easements & Staking; Maintain & expand Geodetic Control Network; GPS (Bluebook)
Monumentation; and Expert Witness.
D. Provide GIS Mapping Services including, but not limited to: Maps, Schematic Reports &
Geospatial Representations.
E. Provide information and consulting to other firms, institutions, agencies or individuals as specified
by the City needed to coordinate the development of the landfill.
3. Understanding of Project Conditions
This project is based on the following understanding of project conditions:
A. Coleman & Associates Land Surveying must comply with applicable state and local regulations.
B. Coleman & Associates Land Surveying will provide professional liability insurance.
C. The City of Denton will provide records of information on existing and future Landfill permit
areas.
D. The City of Denton will provide a project representative (David Dugger or other designated person)
who will have the authority to receive reports, coordinate activities of city staff, and determine the
information and/or report formats required as the project proceeds. As conflicts and discrepancies
are discovered, they will be resolved in the most expedient manner possible.
E. Coleman & Associates Land Surveying will provide project management and all surveying to
accomplish the basic service. The project will utilize real time GPS technology as well as
conventional surveying methods. Fieldwork will be coordinated with the landfill staff on site.
F. Coleman & Associates Land Surveying will deliver a copy of all exhibits, surveying notes and
database information used to accomplish each task as required.
Page 2 of 4
PSA 5571 -ATTACHMENT A
4. Compensation
Compensation will be on a cost — plus basis.
Coleman & Associates Land Surveying will submit invoices on a monthly basis for work performed during the
previous month up to an aggregate of ninety-five thousand dollars ($95,000.00) for each fiscal year. Additional
services or annual rate adjustments due to inflation may be approved with a cap of three hundred fifty thousand
dollars ($350,000) total over the three year period. A current Schedule of Standard Fees is attached.
5. Time of Performance
Surveying services will continue on the normal schedule or as needed upon authorization from landfill staff
until 30 days after written notice to cease work.
6. Reporting
Any formal complaints concerning professional surveying services performed by Coleman & Associates Land
Surveying can be made to:
Texas Board of Professional Land Surveying
12100 Park 35 Circle
Building A, Suite 156 MC-230
Austin, Texas 78753
Telephone: (512) 239-5253
7. Authorizations and Agreement
Coleman & Associates Land Surveying and the City of Denton each agree to the terms of this proposal. The
signatures below authorize Coleman & Associates Land Surveying to proceed with work on the project.
Coleman & Associates Land Surveying
1
By: Date:'
William M. Co eirrn_, k,P.L.S.
Client: City of Denton
B _.r..,r Date:
Representative's Signatul,e °
Page 3 of 4
PSA 5571 -ATTACHMENT A
ii NS Ic,
' Coleman & Assoc. Land Surveying
P.O. Box 686
Denton, Texas 76202
Phone (940)565-8215 Fax (940)565-9800
2015-2018 Landfill Item Price List*
Clerical Services 44.00
Field Crew (fully equipped)
1 Man Field Crew 135.00
2 Man Field Crew 155.00
3 Man Field Crew 175.00
RPLS
RPLS-Registered Professional Land Surveyor/GISP
S.I.T. Surveyor -In -Training
Technician
GIS - Survey Technician
Senior Survey Technician
*Rates subject to change
Page 4 of 4
145.00
115.00
FAIWIF 'if I oil
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY
This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person Date Received
who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the
person 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 person
becomes aware of facts that require the statement to be filed. See Section 176.006,
Local Government Code.
A person commits an offense if the person knowingly violates Section 176.006,
Local Government Code. An offense under this section is a Class C misdemeanor._
1 Name of person who has a business relationship with local governmental entity.
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 71h business
day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
3
Name of local government officer with whom filer has an employment or business relationship.
Name of Officer
This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the filer 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
filer of the questionnaire?
= Yes No
B. Is the filer of the questionnaire 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 10 percent or more?
Yes No
D. Describe each affiliation or business relationship.
a
Signature of person doing business with the governmental entity Date