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19-529ORDINANCE NO. 19-529 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL CORPORATION, AUTHORIZING THE APPROVAL OF A FOURTH AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND PARKHILL SMITH & COOPER, AMENDING THE CONTRACT APPROVED BY CITY COUNCIL ON APRIL 5, 2016, IN THE NOT -TO -EXCEED AMOUNT OF $274,150, AMENDED BY AMENDMENTS 1-3 APPROVED BY PURCHASING STAFF; SAID FOURTH AMENDMENT TO PROVIDE PROFESSIONAL AND ENGINEERING SERVICES IN THE PREPARATION, DEVELOPMENT, AND SUBMITTAL OF THE PERMIT APPLICATION AND THE ASSOCIATED SERVICES REQUIRED TO SECURE A PERMIT AMENDMENT FOR THE CITY OF DENTON'S MUNICIPAL SOLID WASTE (MSW) FACILITY, MSW PERMIT# 1590B IN THE AMOUNT OF $85,500; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 6097 — PROVIDING FOR AN ADDITIONAL FOURTH AMENDMENT EXPENDITURE AMOUNT NOT -TO -EXCEED $85,500, WITH THE TOTAL CONTRACT AMOUNT NOT -TO -EXCEED $429,010). WHEREAS, on April 5, 2016, by Ordinance No. 2016-100, the City awarded a contract to Parkhill Smith & Cooper in the amount of $274,150 for the preparation, development, and submittal of the Municipal Solid Waste Permit # 1590A; and WHEREAS, the additional fees under the proposed Fourth Amendment are fair, and reasonable, and are consistent with and not higher than the recommended practices and fees, 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 Fourth Amendment, increasing the amount of the contract between the City and Parkhill Smith & Cooper, which is on file in the office of the Purchasing Agent, in the amount of Eighty - Five Thousand Five Hundred and 00/100 ($85,500) Dollars, is hereby approved, and the expenditure of funds therefor is hereby authorized in accordance with said amendment. The total contract amount increases to $429,010. SECTION 2, This ordinance shall become effective immediately upon its passage and approval. Themoioro toapprove this orliijalce was made byrr�s and seconded by the ordinance was 1,))as cd and approved by the following vote Aye Nay Abstain Absent Mayor Chris Watts: mow. Gerard Hudspeth, District 1: _ _... Keely G. Briggs, District 2:° Don Duff, District 3:'' John Ryan, District 4:, '' Deb Armintor, At Large Place 5: ti Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the Jnda of u° - 2019. . . . . ..... (' (111 IS AV A 1 ('S, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY DocuSign Envelope ID: BBF8BB8B-88B0-4B2C-953F-C11D296FF239 Docusign City Council Transmittal Coversheet PSA 6097 File Name Landfill Permit Amendment 4 Purchasing Contact Jamie cogdell City Council Target Date April 2, 2019 Piggy Back Option Not Applicable Contract Expiration NSA Ordinance 19-529 DS D DocuSign Envelope ID: BBF8BB8B-88B0-4B2C-953F-C11D296FF239 FOURTH AMENDMENT TO CONTRACT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND PARKHILL SMITH & COOPER PSA 6097 THE STATE OF TEXAS § COUNTY OF DENTON § THIS FOURTH AMENDMENT TO CONTRACT 6097 ("Amendment") by and between the City of Denton, Texas ("City") and Parkhill Smith & Cooper ("Consultant"); to that certain Contract executed on April 5, 2016, in the original not -to -exceed amount of $274,150 (the "Original Agreement"); amended on September 12, 2017 in the additional amount of $48,600 aggregating a not -to -exceed amount of $322,750 (the "First Amendment"); amended on June 6, 2018 in the additional amount of $14,800 aggregating a not -to -exceed amount of $377,550 (the "Second Amendment"); amended on June 19, 2018 in the additional amount of $5,960 aggregating a not -to -exceed amount of $343,510 (the "Third Amendment"); (collectively, the Original Agreement, the First Amendment, the Second Amendment, and the Third Amendment are the "Agreement") for Parkhill Smith & Cooper services related to the Permit Amendment submittal to the Texas Commission of Environmental Quality (TCEQ) for MSW Permit 1590B WHEREAS, Parkhill Smith & Cooper has substantially completed the work called for in the Agreement, and the City deems it necessary to further expand the services provided by Parkhill Smith & Cooper to the City, and to provide an additional not -to -exceed amount $85,500 with this Fourth Amendment for an aggregate not -to -exceed of $429,010. FURTHERMORE, the CITY deems it necessary to further expand the goods/services provided by CONSULTANT to the CITY; NOW THEREFORE, the CITY and Parkhill Smith & Cooper (hereafter collectively referred to as the "Parties"), in consideration of their mutual promises and covenants, as well as for other good and valuable considerations, do hereby AGREE to the following Fourth Amendment, which amends the following terms and conditions of the said Agreement, to wit: 1. The additional services described in Exhibit "A" of this Fourth Amendment, attached hereto and incorporated herein for all purposes, for professional services related to the Permit Amendment submittal to the Texas Commission of Environmental Quality (TCEQ), are hereby authorized to be performed by Consultant. For and in consideration of the additional services to be performed by Consultant, the Owner agrees to pay, based on the cost estimate detail attached as 6405 PSA — Amendment 45 Page 1 of 2 DocuSign Envelope ID: BBF8BB8B-88B0-4B2C-953F-C11D296FF239 Exhibit "A" to this Fourth Amendment a total fee, including reimbursement for non -labor expenses an amount not to exceed $85,500. 2. This Amendment modifies the Agreement amount to provide an additional $85,500 for the additional services with a revised aggregate not to exceed total of $429,010. The Parties hereto agree, that except as specifically provided for by this Amendment, that all of the terms, covenants, conditions, agreements, rights, responsibilities, and obligations of the Parties, set forth in the Agreement remain in full force and effect. IN WITNESS WHEREOF, the CITY and the CONSULTANT, have each executed this Amendment electronically, by and through their respective duly authorized representatives and officers on this date 4/2/2019 "CITY" CITY OF DENTON, TEXAS A Texas Municipal Corporation DocuSigned by: By: � i �t"ate TODD HILEMAN, CITY MANAGER ATTEST: CITY SECRETARY DocuSigned by: By. APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY DocuSigned by: M�wa�� By: w THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED "CONSULTANT" as to financial and operational obligations and business terms. Parkhill Smith & Cooper DocuSigned by: G6�_ ethan cox SI PRINTED NAME Director of solid Waste TITLE solid Waste DocuSigned by: �bb� � �bl� Principal By: 6&439. . AUTHORIZED SIGNATURE, TITLE Page 2 of 2 DEPARTMENT DocuSign Envelope ID: BBF8BB8B-88B0-4B2C-953F-C11D296FF239 EXHIBIT A PARKHILL WMLn..i&c C',11P -t Mr. Ethan Cox, Director Solid Waste and Recycling Services 1527 South Mayhill Road Denton Texas 76208 4222 85th Street (Lubbock, fex<as 79423 806 473.2200 February 19, 2019 Re: Contract Amendment 4 — Municipal Solid Waste Engineering and Permitting City of Denton Solid Waste and Recycling Services Landfill Permit Amendment • TCEQ Floodplain CLOMR Response • Possible Contested Case Hearing Costs • Mayhill Road Realignment and Buffer Adjustment Modification Submittal Dear Mr. Cox: As you know, we continue to draw closer to completion on your landfill permit amendment. We narrowed down a list of items requesting additional funds to assist Denton in responding to unforeseen TECQ questions due to new floodplain requirements. Although this comment has never been an issue with TCEQ until recently, this Fall the reviewer requested additional documentation to address the CLOMR question. In anticipation of a contested case hearing, we provided an estimated cost of services for participating and observing depositions. We estimated costs for two of our engineers to not only be deposed, but also listen to all technical witnesses. We anticipate these hearings to last three weeks including preparation time. Finally, site condition has changed as a result of the Mayhill Road Realignment, impacting the buffer zone along the south end of the western -most property line of the original landfill. Parkhill, Smith & Cooper Inc. (PSC) provides this proposed Contract Amendment Proposal for Municipal Solid Waste Engineering Services to assist the City of Denton with completion of the Permit Amendment (Permit) to TCEQ for MSW Permit 1590B. Based on our recent meeting, I prepared this scope and fee proposal for PSC to complete the noted responses for submission to Texas Commission of Environmental Quality (TCEQ). The following general items must be addressed to TCEQ satisfaction before any further processing of the Permit Amendment Application: Abilene Alhuuguaengrir Amarillo AO!iiglan Austin U Fasa Fri%x [a+s GrnGeS I ubbrrck Midland team DocuSign Envelope ID: BBF8BB8B-88B0-4B2C-953F-C11D296FF239 Mr. Ethan Cox E ,F�ge' February 19, 2019 PROJECT UNDERSTANDING AND ASSUMPTIONS Our understanding of project goals and requirements are based on the following information: SCOPE OF SERVICES The following scope of services includes modifications to the Permit application package submitted for TCEQ review and to receive, review, interpret, and respond to all comments generated by TCEQ in relation to modifications. The previously contracted tasks are listed for reference. • Task 1 - Permit Preparation Phase (COMPLETE) • Task 2 - TCEQ Review Phase (COMPLETE) • Task 3 — Public Meetings (TASK DELETED. FEE MOVED TO NEW TASK 11) • Task 4 - Contested Case Hearing Phase (TASK DELETED. SEE NEW TASK 11) • Task 5 — Permit Revisions (COMPLETE) • Task 6 — Permitting Coordination (COMPLETE) • Task 7 — Local Floodplain Development and Permit Revisions (COMPLETE) • Task 8 — Local Floodplain Development and Permit Revisions (COMPLETE) FEE PROPOSAL PSC proposes to complete additional Scope of Services as Amendment 4 for a total fee of $85,500.00 that consists of three tasks, two lump sum fee tasks of $55,500.00 inclusive of labor, and expenses, and one $30,000.00 at an hourly rate not to exceed for the possible contested hearing case. Proposed Amendment 4 Task 9 — TCEQ Floodplain response $28,500 Based on the September 21, 2018 TCEQ email that requested FEMA approval of the work in the floodplain on a Lump Sum basis. Task 10 — Non -notice permit mod $27,000 This task is required as a result of the revised road alignment from City of Denton engineering for Mayhill Road realignment on a Lump Sum basis. Task 11 — Potential contested case hearing mod $30,000 Additional costs for potential TCEQ hearing with depositions and serving as expert witness while sitting in on opponent's testimony based on an Amendment 4 Subtotal $85,500 So, in summary, the project contract budgets are divided between the original contract and Amendments as well as the proposed Amendment 4 are shown as follows: Abilene Alhuuqu,w qur Amarillo Mliigl an kstin tl Fasa Fri%x [as Crrr]GeS I Obock Midland team DocuSign Envelope ID: BBF8BB8B-88B0-4B2C-953F-C11D296FF239 Mr. Ethan Cox E ge' February 19, 2019 Original Contract / Tasks Estimated Fee Task 1 — Permit Preparation (Lump Sum basis) $99,650 Task 2 — TCEQ Review (Lump Sum basis) $159,500 Task 3 — Public Meetings (Hourly Time and Materials basis) $15,000 Task 4 — Contested Case Hearing (Hourly Time and Materials basis) $TBD Original Fee Total $274,150 Amendment 1 Task 5 — Permit Revisions (Lump Sum basis) $38,600 Task 6 — Permitting Coordination (Hourly Time and Materials Basis) $10,000 Amendment 1 Subtotal $48,600 Amendment 2 Task 7 — Local FloodDlain DeveloDment and Permit Revisions $14.800 Amendment 3 Task 8 — Mavhill Road Riaht-of-wav adiustment and buffer zone determination $5.960 Amendment 4 Task 9 — TCEQ Floodplain response (September 21, 2018 TCEQ email) (Lump Sum basis) $28,500 Task 10 — Non -notice permit mod for Mayhill Road realignment (Lump Sum basis) $27,000 Task 11 — Potential contested case hearing (Hourly rate, maximum -not -to -exceed $30,000 Amendment 4 Subtotal $85,500 AMENDED TOTAL FEE $429,010 For any questions, please contact me at 806.473.3526 or email hholder21@tga�C,Corn at your convenience. We would be happy to discuss these services in more detail. You may indicate your acceptance of this proposal by returning one signed copy of this letter to our office. Receipt of signed copy will serve as our notice to proceed. Abilene Alhuuqu,enqur Amarillo Mliigl an kstin tl Fasa Fri%x [as GrnGeS I Obock Midland team DocuSign Envelope ID: BBF8BB8B-88B0-4B2C-953F-C11D296FF239 Mr. Ethan Cox E ge' February 19, 2019 Sincerely, PARKHILL, SMITH & COOPER INC. (A/E) M Robert H. (Holly) Holder, PE Environmental Sector Director Date: February 19, 2019 Accepted, CITY OF DENTON SOLID WASTE AND RECYCLING SERVICES (OWNER) By Ethan Cox Director, Solid Waste and Recycling Services Date: RHH/dg X:\2016\0174.16\00_ADMIN\00_CONTR\00_FEE\2019.01.21 Permit Amendment 4 Modifications Proposal.docx Abilene Alhuugu,engur Amarillo Mliigl an Austin U Fasa Fri%x I..r+s GrnGeS I Obock Midland team K,rs�..t; rrt Doclut S 9 C U a 9 0 Certificate Of Completion Envelope Id: BBF8BB8B88B04B2C953FC11 D296FF239 Status: Completed Subject: Please DocuSign: City Council Contract 6097 Parkhill Smith & Cooper Amendment 4 Landfill Permit Source Envelope: Document Pages: 7 Signatures: 5 Envelope Originator: Certificate Pages: 6 Initials: 1 Jamie Cogdell AutoNav: Enabled 901 B Texas Street Envelopeld Stamping: Enabled Denton, TX 76209 Time Zone: (UTC-06:00) Central Time (US & Canada) Jamie.Cogdell@cityofdenton.com IP Address: 129.120.6.150 Record Tracking Status: Original Holder: Jamie Cogdell Location: DocuSign 2/21/2019 3:16:46 PM Jamie.Cogdell@cityofdenton.com Signer Events Signature Timestamp Jamie Cogdell Completed Sent: 2/21/2019 3:20:21 PM jamie.cogdell@cityofdenton.com Viewed: 2/21/2019 3:20:35 PM Senior Buyer Signed: 2/21/2019 3:21:02 PM City Of Denton Using I Address: 129.120.6.150 Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Lori Hewell °S Sent: 2/21/2019 3:21:04 PM lori.hewell@cityofdenton.com �� Viewed: 2/21/2019 3:54:56 PM Purchasing Manager Signed: 2/21/2019 3:55:13 PM City of Denton Signature Adoption: Pre -selected Style Security Level: Email, Account Authentication (None) Using IPAddress: 129.120.6.150 Electronic Record and Signature Disclosure: Not Offered via DocuSign Mack Reinwand [D—Si,ned 1ly: Sent: 2/21/2019 3:55:14 PM mack.reinwand@cityofdenton.com ^�`^w�^'t Viewed: 2/22/2019 10:36:20 AM City of Denton 7F9o329BFo2o4F5_ Signed: 2/22/2019 10:39:19 AM Security Level: Email, Account Authentication (None) Signature Adoption: Pre -selected Style Using IPAddress: 129.120.6.150 Electronic Record and Signature Disclosure: Not Offered via DocuSign Robert H Holder ly: Sent: 2/22/2019 10:39:21 AM hholder@TEAM-PSC.com ED11uSi,n1d bt4� t� R6(j ,v Viewed: 2/22/2019 11:13:38 AM Principal 04c473792Fc043e... Signed: 2/22/2019 11:39:44 AM Parkhill, Smith & Cooper, Inc. Signature Adoption: Pre -selected Style Security Level: Email, Account Authentication (None) Using IPAddress: 12.233.245.139 Electronic Record and Signature Disclosure: Accepted: 8/8/2018 5:17:12 PM I D: fce 1 bfde-fa6e-4521 -b512-65424e40964e Signer Events ethan cox ethan.cox@cityofdenton.com Director of Solid Waste Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 8/7/2018 4:24:18 PM ID: fee bacc3-1 51 e-4 7b b-af6d-be8889ffcb3 5 Tabitha Millsop tabitha.millsop@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Todd Hileman Todd. Hileman@cityofdenton.com City Manager City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 7/25/2017 11:02:14 AM ID: 57619fbf-2aec-4b 1 f-805d-6bd7d9966f21 Rosa Rios rosa.rios@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 4/4/2019 10:36:59 AM ID:9731a6e3-dc3d-4fca-8c6e-13105f3b5920 In Person Signer Events Editor Delivery Events Agent Delivery Events Intermediary Delivery Events Certified Delivery Events Carbon Copy Events Sherri Thurman sherri.thurman@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Signature DocuSignetl by: Signature Adoption: Pre -selected Style Using IPAddress: 129.120.6.150 Using IPAddress: 129.120.6.150 [D—Si,ned by: B775C711BAOD454... Signature Adoption: Pre -selected Style Using I P Address: 47.190.47.120 Signed using mobile ERD0CUSi,n1d by: a P4as 1C5CA8C5E175493... Signature Adoption: Pre -selected Style Using IPAddress: 129.120.6.150 Signature Status Status Status Status Status Timestamp Sent: 2/22/2019 11:39:46 AM Viewed: 2/22/2019 12:08:19 PM Signed: 2/22/2019 12:08:37 PM Sent: 2/22/2019 12:08:39 PM Viewed: 4/3/2019 9:05:39 AM Signed: 4/3/2019 9:06:43 AM Sent: 4/3/2019 9:06:46 AM Viewed: 4/3/2019 9:10:18 AM Signed: 4/3/2019 9:10:24 AM Sent: 4/3/2019 9:10:26 AM Resent: 4/4/2019 9:30:23 AM Viewed: 4/4/2019 10:36:59 AM Signed: 4/4/2019 10:39:25 AM Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Sent: 2/21/2019 3:21:04 PM Carbon Copy Events Status Timestamp Jane Richardson Sent: 4/3/2019 9:06:45 AM jane.richardson@cityofdenton.com Viewed: 4/3/2019 11:15:14 AM Assistant City Secretary City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jennifer Bridges Sent: 4/4/2019 10:39:27 AM jennifer.bridges@cityofdenton.com Procurement Assistant City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jane Richardson Sent: 4/4/2019 10:39:28 AM jane.richardson@cityofdenton.com Viewed: 4/5/2019 4:35:55 PM Assistant City Secretary City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 4/4/2019 10:39:28 AM Certified Delivered Security Checked 4/4/2019 10:39:28 AM Signing Complete Security Checked 4/4/2019 10:39:28 AM Completed Security Checked 4/4/2019 10:39:28 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: Robert H Holder, ethan cox, Todd Hileman, Rosa Rios ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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