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2014-228••l • f � � i AN ORI7INANCE 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 ORDAlNS: 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. t PASSED AND APPROVED this the � �� � day of ' � �' ".�F �° "`�� �� __ , 2014. � , t f� ��� � �` � � , ('3�u _ .� � , .- __.... � �Wtl�tATTS, �'i�YOR ATTEST: JENNIFER WALTERS, CITY SECRETARY I� �P�'I��+C.�Vr:;�7 AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY �� �'�-�_� � ' � BY: ' � ,e� %.. F ... � . , � � 1 � ' . „. � � � . . � . . �. . . I' ' f ! 1' � �' 1 il '� '�'�1 !� �'1+�i���I�1d�N'l` i� a�7r��i� t����! ���t�;i°�:si ii�t� �s ��f �1��: � ����.. ��y c�i' ��� �� r?i�114? lay �t��cl l�et�u�;a��� i��� C'ily� caf'I�uaa�c�:a� '7°�x�r,, t� "�'���a� ai����a��i����� c�c��i���r�tit;���, w°i# � it� ��i°ir�ci�at�l c�l"�i�,e ¢�.t �.15 ����t ��Ki��r��y S�t�uci, T7e�7t��1�, �1��:��� 7�i'�UI, �7�i-�.i���ift�;r �;;��lu� "CITY"; and Coleman and Assoc. Land Surveying, with its offices at PO Box 686, Denton, Texas 76202, hereinafter called "CONSULTANT99' 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 hei•eto do mutually AG E as follows: ,• 1 �: 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 "Project99) 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 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"). .• •" � "1�' • _ The CONSULT�,NT 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, 201499 which is attached hereto and incorporated herewith by reference as ALI�V�VnL LL�99 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 terrns and conditions of the Attachment(s). C, CONSULTANT shall keep CITY informed with a deiined reporting system, and by personal meetings. All lines of cammunication 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 CTTY 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. .• D ' � � � �, .�� !; � � � . 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. .• � � � . � . . � . "Subcontract Expense" is deiined 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 ex��c��s�s, not to exceed three hundred and fifty tl�cat���t.i�c� dollars ��l�ci n�l����� �,,.$'3����t�C)Cl.�'}. 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 (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 upan in writing by the CITY and the CONSULTANT, either party may, notwithstanding any other provision in this Agreement, terminate this Agreernent 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. .. #: � � � � � �' 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. .. 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 speciiied herein, CONSULTANT is released from any and all liability relating to their use in that project. ,. \1 9' �\'19►! •�\'! :.-� �'' 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. .• ►��u► . :aau��;� CONSULTANT shall indemnify and save and hold harmless the CITY and its ofiicers, 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. .• �, Without limiting any of the other obligations or liabilities of the CONSULTANT, the CONSULTANT shall provide and rnarntairz rlurrng the perfarmance of the Services under this Agreement, and untal the contracted work has been completed and accepted by the City of Denton, the minrmum rnsurance 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 wratten natrce should any of the policies described on the certificate be cancelled ar materially changed befare the expiration date. •': '• � 1 • ' 1 ', � � 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. .• . � � . 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, rehxrn 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 opporiunity for consultation with the terminating party prior to termination. Ck If the agreement is terminated prior to completian 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 CTTY 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. �;r� 71 Y Ctl w 9�'�!!� ; � '• Neither this Agreement, nor the services to be provided hereunder may be assigned or subcontracted without prior written approval of CITY. .. . �; � �. •. , ' CONSULTANT agrees that CITY shall, until the expiration of five (5) years after the iinal 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. ,, I' '�' : ' �' k � ; Approval by the CITY shall not constitute, nor be deemed a release of the responsibility and liability of the CONSULTANT, its employees, associates, agents, subcontractars, 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. /�:71Y(�1lI��' • � 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 shawn below, certified mail, return receipt requested, unless otherwise speciiied herein: To CONSULTANT: VVilliam M. Coleman, R.P.L.S. Coleman and Associates Land Surveying PO Box 686 Denton, TX 76202 To CITY: City of Denton George Campbell City Manager 215 E. McKinney Denton, TX 76201 All notices shall be deemed effective upan 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, canstitutes the camplete and iinal 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, comrnunications, understandings, and agreements which may have been made in connection with the subject matter of this Agreement. .• • .. : 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. � . � , � � : 1 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. .• � I'' i 1 ; � � ' � 1 '` 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 modiiication 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. .. �• • 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 govemed 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 perforrn 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 efiicient 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. ,. � � � 1 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, docuxnents 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 dacuments. 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 cast of the audit, including any travel costs, must be borne by the CON5ULTANT which must be payable within five husiness 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 iiles 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 C."�I°�1Sl�L"1"r"�s['�11T aciiii� ��y� �nci through its duly-authorized, undersigned officer, on this the `;�' �' cC��� of ������� , 2014. "CITY" "CONSULTANT" CITY OF DENTON, TEXAS COLEMAN AND ASSOCIATES LAND SURVEYING ,�.°' , � > � � �� �.� � ,,f'` �, y By: ���� ��- �µ�_ � rv .�.��„� �.�- BY, �,�� `� �c�r•�� C���n��bell, �rlli��aa �. C;c�l�x���ii`z; ��:��, City Manager WITNESS FOR CONSUi� �'.h N'[' 1 � r � By: ATTEST: Jl� � .• ..:.'i.�ll VVL"'1L1E1tJy i,�L .��. J�CitL'..LL"1itE � �tl B�. ,,� �..,w ���. e l ��.. �1'1' V1�:� !'�,� 'TO LEGAL FORM: 1�NI°T'�,�� _ ���, �i'° �!'�"�RNEY ,. f� �1, � BY: � � � : �'��� �� h��� °� � � � � Coleman & Associates Land Surveying 2015-2018 Proposal for Surveying Services, k �.�s.� h `5� �L �a c,•��� �,� °=p� � � � �- � � �. ��,, ��'�'`fi 5��,��t � PSA 5571 - ATTACHMENT A Coleman & Assoc. Land Surveying r.o. B�a sss De,uton, Te�as 76202 Phone (940).5G;i-8215 Fax (94U)565-9800 May 23, 2014 David Dugger City of Denton Landfill 1527 South Mayhill Road Denton, TX 76208 Re: 2015-2018 Proposal for Surveving 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 fll 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 con�plaints 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 ����-�r�ying � f� � By: '''� � ,�'� ,� � � Date: ,� � ��"��t' "l�'�[liam M. C�� �,i� � ri, �t.E'.L.S. Client: City of Denton -�,°�� �� �f y �,.�� �.m���� �°�" , �,..� � . .�� �, .� .. _ ��. � � ���� �� .. B -�.�- _.r.�,r � Date: ' ."�;� �'.�� �. . y, ��.. Representative's Si����ilt���e ° � Page 3 of 4 � ��. ��' 'i4'+,.' �,�.}'���o �'' r � � � �, � � , ,'*° 'i=�,.�) ��';ti�-.. 1� Clerical Services Field Crew (fully equipped) 1 Man Field Crew 2 Man Field Crew 3 Man Field Crew RPLS PSA 5571 — ATTACHMENT A Coleman & Assoc. Land Surveying r.o. B�X sH� DCI1LOTls Tcxas 76202 Ptione (940)565-821:i F� (9�0)565-98(BO 2015-2018 Landfill Item Price List* 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 44.00 135.00 155.00 175.00 145.00 115.00 .� �� � �� CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entit� _ _ __ _-- .__ 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 �ate 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. � Name of person who has a business relationship with local governmental entity. . �-� , 2 �� ..... �heck 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 7`h 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. . �'"l �r/"�,- C_� � 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. � ��� � _������.���w_ �_��_ � 4 � ,✓� ��° �, ` �:�;� m�..� � _�-�, � i . "' � . �� � �� �''�`�,��.� �" 4" r �����,...u�.�.�� . � t� � _. Signature of person doing business with the governmental entity Date