The URL can be used to link to this page

21-2684ORDINANCE NO. 21-2654 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH RABA KISTNER, INC., FOR CONSTRUCTION MATERIAL TESTING AND GEOTECHNICAL INVESTIGATION SERVICES FOR THE STREETS, UTILITIES, AND ENGINEERING DEPARTMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFQ 7742 — AWARDED TO RABA KISTNER, INC., FOR THREE (3) YEARS, WITH THE OPTION FOR TWO (2) ADDITIONAL ONE (1) YEAR EXTENSIONS, IN THE TOTAL FIVE (5) YEAR NOT -TO -EXCEED AMOUNT OF $2,640,000.00). WHEREAS, Raba Kistner, Inc., the professional services provider (the "Provider") set forth 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 contract 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, or their designee, is authorized to enter into the professional service contract attached hereto with Raba Kistner, Inc., for construction material testing and geotechnical investigation services for the Streets, Utilities, and Engineering Departments. SECTION 2. The City Manager, or their designee, is authorized to expend funds as required by the attached contract. SECTION 3. The City Council of the City of Denton, Texas expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under this ordinance to the City Manager of the City of Denton, or their 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. The motion to approve this ordinance was made by e - SSS and seconded by j � �� Sec- L<— This ordinance was passed and approved by the following vote F-7 - _�)J: Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1: Brian Beck, District 2: ✓ Jesse Davis, District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the 1 `-f"N= day of ])g=Cexy,be< , 2021. ATTEST: ROSA RIOS, CITY SECRETARY "W40-01.011-1w,0901P.M.1.1g, 1-E /�. APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Digitally signed by Marcella Lunn DN: cn=Marcella Lunn, o, �1 ou=City of Denton, BY: hl email=marcella.lunn@cityof rlantnn - r=I IS Date: 2021.11.0418:15:20 -05'00' GERARD HUDSPETH, MAYOR DocuSign Envelope ID: DFA01E89-2D32-4331-B128-7AAOEAD8OE41 OF A6�� DENTON Docusign City Council Transmittal Coversheet RFQ 7742 File Name Construction Material Testing Purchasing Contact Cori Power City Council Target Date DECEMBER 14, 2021 Piggy Back Option Not Applicable Contract Expiration DECEMBER 14, 2026 Ordinance 21-2684 DocuSign Envelope ID: DFA01E89-2D32-4331-B128-7AAOEAD8OE41 PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING SERVICES FILE 7742 STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT (the "Agreement") is made and entered into on 12/14/2021 , by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "OWNER" and Raba Kistner, Inc., with its corporate office at 4407 N Beltwood Parkway, Suite 102, Dallas, TX 75244, hereinafter called "CONSULTANT," acting herein, by and through their duly authorized representatives. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE I CONSULTANT AS INDEPENDENT CONTRACTOR The OWNER has selected CONSULTANT on the basis of demonstrated competence and qualifications to perform the services herein described for a fair and reasonable price pursuant to Chapter 2254 of the Texas Government Code. The OWNER hereby contracts with the CONSULTANT as an independent contractor and not as an employee, and as such, the OWNER will not assert control over the day-to-day operations of the CONSULTANT. The CONSULTANT is customarily engaged to provide services as described herein independently and on a nonexclusive basis in the course of its business. This Agreement does not in any way constitute a joint venture between OWNER and CONSULTANT. The CONSULTANT hereby agrees to perform the services described herein based on the skills required for the scope of work in connection with the Project as stated in the sections to follow, with diligence and in accordance with the highest professional standards customarily obtained for such services in the State of Texas. The professional services set out herein are in connection with the following described project: The Project shall include, without limitation, to provide construction material testing and geotechnical investigation services, as described in Exhibit A, which is on file at the purchasing office and incorporated herein (the "Project"). ARTICLE H SCOPE OF BASIC SERVICES The CONSULTANT shall perform the following services in a professional manner: City of Denton, Texas Contract 7742 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 1 of 25 DocuSign Envelope ID: DFA01E89-2D32-4331-8128-7AAOEAD8OE41 A. The CONSULTANT shall perform all those services as necessary and as described in the OWNER's RFQ 7742 — Construction Material Testing, which is on file at the purchasing office and made a part hereof as Exhibit A as if written word for word herein. B. To perform all those services set forth in CONSULTANT's proposal, which proposal is attached hereto and made a part hereof as Exhibit B as if written word for word herein. C. CONSULTANT shall perform all those services set forth in individual task orders, as described in Exhibit B, which shall be attached to this Agreement and made a part hereof. D. If there is any conflict between the terms of this Agreement and the exhibits attached to this Agreement, the terms and conditions of this Agreement will control over the terms and conditions of the attached exhibits or task orders. ARTICLE III ADDITIONAL SERVICES Additional services to be performed by the CONSULTANT, if authorized by the OWNER, which are not included in the above-described Basic Services, may be negotiated as needed, per rates included in Exhibit B. A. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. B. Preparing data and reports for assistance to OWNER in preparation for hearings before regulatory agencies, courts, arbitration panels or mediator, giving testimony, personally or by deposition, and preparations therefore before any regulatory agency, court, arbitration panel or mediator. C. Assisting OWNER in preparing for, or appearing at litigation, mediation, arbitration, dispute review boards, or other legal and/or administrative proceedings in the defense or prosecution of claims disputes with Contractor(s). D. Assisting OWNER in the defense or prosecution 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. E. Visits to the site in excess of the number of trips included in Exhibit B. F. Preparing statements for invoicing or other documentation for billing other than for the standard invoice for services attached to this professional services agreement. City of Denton, Texas Contract 7742 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 2 of 25 DocuSign Envelope ID: DFA01E89-2D32-4331-B128-7AAOEAD8OE41 ARTICLE IV TIME OF COMPLETION CONSULTANT is authorized to commence work under this contract upon execution of this AGREEMENT. CONSULTANT shall perform and complete its obligations herein in a prompt and continuous manner, so as to not delay the completion of the Project in accordance with the schedules as described in Exhibit B. The contract term will be three (3) years, effective from date of award. The City and the Supplier shall have the option to renew this contract for an additional two (2) one-year periods. The Contract shall commence upon the issuance of a Notice of Award by the City of Denton and shall automatically renew each year, from the date of award by City Council. The Supplier's request to not renew the contract must be submitted in writing to the Purchasing Manager at least 60 days prior to the contract renewal date for each year. At the sole option of the City of Denton, the Contract may be further extended as needed, not to exceed a total of six (6) months. ARTICLE V COMPENSATION A. COMPENSATION TERMS: 1. "Subcontract Expense" is defined as expenses incurred by the CONSULTANT in employment of others in outside firms for services related to this agreement. 2. "Direct Non -Labor Expense" is defined as that expense for any assignment incurred by the CONSULTANT for supplies, transportation and equipment, 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 OWNER agrees to pay, based on the cost estimate detail at an hourly rate shown in Exhibit B which is attached hereto and made a part of this Agreement as if written word for word herein, a total fee, including reimbursement for direct non -labor expenses not to exceed $2,640,000. Partial payments to the CONSULTANT will be made on the basis of detailed monthly statements rendered to and approved by the OWNER 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. Nothing contained in this Article shall require the OWNER 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 OWNER shall not be required to make any payments to the CONSULTANT when the CONSULTANT is in default under this Agreement. City of Denton, Texas Contract 7742 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 3 of 25 DocuSign Envelope ID: DFA01E89-2D32-4331-B128-7AAOEAD8OE41 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 OWNER for any charge, expense, or reimbursement above the maximum not to exceed fee as stated, without first having obtained written authorization from the OWNER. The CONSULTANT shall not proceed to perform the services listed in Article III "Additional Services," without obtaining prior written authorization from the OWNER. C. ADDITIONAL SERVICES: For additional services authorized in writing by the OWNER in Article III, the CONSULTANT shall be paid based on the Schedule of Charges at an hourly rate shown in Exhibit B. Payments for additional services shall be due and payable upon submission by the CONSULTANT and approval by the City staff, and shall be in accordance with subsection B hereof. Statements shall not be submitted more frequently than monthly. D. PAYMENT: If the OWNER 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 paid interest in accordance with the Texas Government Code 2251.025. Additionally, the CONSULTANT may, after giving seven (7) days' written notice to the OWNER, suspend services under this Agreement until the CONSULTANT has been paid in full all amounts due for services, expenses, and charges. Nothing herein shall require the OWNER to pay the late charge if the OWNER reasonably determines that the work is unsatisfactory, in accordance with this Article V, "Compensation," there is a bona fide dispute concerning the amount due, or the invoice was not mailed to the address or in the form as described in this Agreement. The OWNER will notify CONSULTANT of any disputes within twenty-one (21) days of receipt of the invoice. E. Invoices shall be sent directly to the City of Denton Accounts Payable Department, 215 E McKinney St, Denton, TX, 76201-4299. A pro -forma invoice shall be sent to the contract administrator. It is the intention of the City of Denton to make payment on completed orders within thirty days after receipt of invoice or items; whichever is later, unless unusual circumstances arise. Invoices must be fully documented as to labor, materials, and equipment provided, if applicable, and must reference the City of Denton Purchase Order Number in order to be processed. No payments shaIl be made on invoices not listing a Purchase Order Number. ARTICLE VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or any subcontractors or subconsultants. ARTICLE VII OWNERSHIP OF DOCUMENTS City of Denton, Texas Contract 7742 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 4 of 25 DocuSign Envelope ID: DFA01E89-2D32-4331-B128-7AAOEAD8OE41 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 OWNER 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 OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense. In the event the OWNER 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 INDEMNITY AGREEMENT THE CONSULTANT SHALL INDEMNIFY AND SAVE AND HOLD HARMLESS THE OWNER AND ITS OFFICERS, OFFICIALS, 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 ASSERTED AGAINST OR INCURRED BY THE O.1A-1AAND INCLUDING, WITHOUT LIMITATION, DAMAGES FOR BODILY AND PERSONAL INJURY, DEATH AND PROPERTY DAMAGE, RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF THE CONSULTANT OR ITS OFFICERS, SHAREHOLDERS, AGENTS, OR EMPLOYEES INCIDENTAL TO, RELATED TO, AND IN THE EXECUTION, OPERATION, OR PERFORMANCE OF THIS AGREEMENT. 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 parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE IX INSURANCE During the performance of the services under this Agreement, CONSULTANT shall maintain insurance in compliance with the requirements of Exhibit C which is attached hereto and made a part of this Agreement as if written word for word herein. ARTICLE X ALTER -NATIVE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute to mediation with each party bearing its own costs of mediation. No mediation 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. Mediation will not be a condition precedent to suit. City of Denton, Texas Contract 7742 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 5 of 25 DocuSign Envelope ID: DFA01E89-2D32-4331-8128-7AAOEAD8OE41 ARTICLE XI TERMINATION OF AGREEMENT A. Notwithstanding any other provision of this Agreement, either party may terminate by giving thirty (30) days' advance written notice to the other party. B. This Agreement may be terminated in whole or in part in the event of either parry substantially failing to fulfill its obligations under this Agreement. No such termination will be affected 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 non-performance, and not less than fifteen (15) calendar 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 OWNER within thirty (30) days after the date of termination. The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed and for reimbursable expenses to termination incurred prior to the date of termination, in accordance with Article V "Compensation." Should the OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information. The CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination, but may maintain copies of such documents for its use. ARTICLE XII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the OWNER 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 designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the OWNER for any defect in the design or other work prepared by the CONSULTANT, its employees, subcontractors, agents, and consultants. ARTICLE XIII NOTICES All notices, communications, and reports 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 address shown below, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing: To CONSULTANT: To OWNER: Raba Kistner, Inc. City of Denton City of Denton, Texas Contract 7742 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 6 of 25 DocuSign Envelope ID: DFA01E89-2D32-4331-8128-7AAOEAD8OE41 Isidoro Arjona, PE, PMP, D.GE, F.ASCE 4407 N Beltwood Parkway, Suite 102 Dallas, TX 75244 Purchasing Manager File 7742 901B Texas Street Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days' mailing. ARTICLE XIV ENTIRE AGREEMENT This Agreement and related exhibits constitute the complete and final expression of this 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, and agreements which may have been made in connection with the subject matter hereof. ARTICLE XV SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. ARTICLE XVI COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as those laws may now read or hereinafter be amended. ARTICLE XVII DISCRIMINATION PRO] i IBITED In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, sexual orientation, national origin or ancestry, age, or physical handicap. ARTICLE XVIII PERSONNEL A. The CONSULTANT represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with the OWNER. CONSULTANT shall inform the OWNER of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement. City of Denton, Texas Contract 7742 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 7 of 25 DocuSign Envelope ID: DFA01E89-2D32-4331-8128-7AAOEAD8OE41 B. All services required hereunder will be performed by the CONSULTANT or under its supervision. All personnel engaged in work shall be qualified, and shall be authorized and permitted under state and local laws to perform such services. ARTICLE XIX ASSIGNABILITY The CONSULTANT acknowledges that this Agreement is based on the demonstrated competence and specific qualifications of the CONSULTANT and is therefore personal as to the CONSULTANT. Therefore, 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 OWNER. ARTICLE XX MODIFICATION 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, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein. ARTICLE XXI MISCELLANEOUS A. The following exhibits are attached to and made a part of this Agreement: Exhibit A — RFQ 7742 — Construction Material Testing (on file at the purchasing office) and Final Scope of Work, including Attachment A — DME Scope of Work Exhibit B — Consultant's Scope of Services Offer, Compensation, and Project Schedule Exhibit C — Consultant's Insurance Requirements What is called for by one exhibit shall be as binding as if called for by all. In the event of an inconsistency or conflict in this Agreement and any of the provisions of the exhibits, the inconsistency or conflict shall be resolved by giving precedence first to this Agreement then to the exhibits in the order in which they are listed above. B. This Agreement shall be governed by, construed, and enforced in accordance with, and subject to, the laws of the State of Texas or federal law, where applicable, without regard to the conflict of law principles of any jurisdiction. In the event there shall be any dispute arising out of the terms and conditions of, or in connection with, this Agreement, the party seeking relief shall submit such dispute to the District Courts of Denton County or City of Denton, Texas Contract 7742 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 8 of 25 DocuSign Envelope ID: DFA01E89-2D32-4331-8128-7AAOEAD8OE41 if federal diversity or subject matter jurisdiction exists, to the United States District Court for the Eastern District of Texas -Sherman Division. C. For the purpose of this Agreement, the key persons who will perform most of the work hereunder shall be authorized. However, nothing herein shall limit CONSULTANT from using other equally 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 OWNER. E. The OWNER 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. G. The parties agree to transact business electronically. Any statutory requirements that certain terms be in writing will be satisfied using electronic documents and signing. Electronic signing of this document will be deemed an original for all legal purposes. ARTICLE XXII INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER. CONSULTANT shall not have or claim any right arising from employee status. ARTICLE XXIII DIGHT TO AUDIT The OWNER shall have the right to audit and make copies of the books, records and computations pertaining to this agreement. The CONTRACTOR 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 10 business days of written request. Further, the CONTRACTOR 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 OWNER 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 City of Denton, Texas Contract 7742 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 9 of 25 DocuSign Envelope ID: DFA01E89-2D32-4331-B128-7AAOEAD8OE41 be borne by the OWNER 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 CONTRACTOR 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 OWNER'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. ARTICLE XXIV PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL Consultant acknowledges that in accordance with Chapter 2270 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this agreement, Consultant certifies that Consultant's signature provides written verification to the City that Consultant. (1) does not boycott Israel, and (2) will not boycott Israel during the term of the agreement. Failure to meet or maintain the requirements under this provision will be considered a material breach. ARTICLE XXV PROHIBITION ON CONTRACTS WITH COMPANIES DOING BUSINESS WITH IRAN, SUDAN, OR A FOREIGN TERRORIST ORGANIZATION Section 2252 of the Texas Government Code restricts CITY from contracting with companies that do business with Iran, Sudan, or a foreign terrorist organization. By signing this agreement, Consultant certifies that Consultant's signature provides written verification to the City that Consultant, pursuant to Chapter 2252, is not ineligible to enter into this agreement and will not become ineligible to receive payments under this agreement by doing business with Iran, Sudan, or a foreign terrorist orgairization. Failure to meet or maintain the requirements under this provision will be considered a material breach. ARTICLE XXVI CERTIFICATE OF INTERESTED PARTIES ELECTRONIC FILING In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that the City may not enter into this contract unless the Consultant submits a disclosure of interested parties (Form 1295) to the City at the time the Consultant submits the signed contract. The Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Commission. City of Denton, Texas Contract 7742 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 10 of 25 DocuSign Envelope ID: DFA01E89-2D32-4331-8128-7AAOEAD8OE41 Consultant will be required to furnish a Certificate of Interest Parties before the contract is awarded, in accordance with Government Code 2252.908. The consultant shall: 1. Log onto the State Ethics Commission Website at: https://www.ethics.state.tx.us/whatsnew/elf info forml295.htm 2. Register utilizing the tutorial provided by the State 3. Print a copy of the completed Form 1295 4. Enter the Certificate Number on page 2 of this contract. 5. Complete and sign the Form 1295 6. Email the form to purchasing@cityofdenton.com with the contract number in the subject line. (EX: Contract 1234 —Form 1295) The OWNER must acknowledge the receipt of the filed Form 1295 not later than the 30th day after Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics Commission's website within seven business days. ARTICLE XXVII PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS No officer, employee, independent consultant, or elected official of the City who is involved in the development, evaluation, or decision-making process of the performance of any solicitation shall have a financial interest, direct or indirect, in the Contract resulting from that solicitation as defined in the City's Ethic Ordinance 18-757 and in the City Charter chapter 2 article XI(Ethics). Any willful violation of this section shall constitute impropriety in office, and any officer or employee guilty thereof shall be subject to disciplinary action up to and including dismissal. Any violation of this provision, with the knowledge, expressed or implied, of the Contractor shall render the Contract voidable by the City. The Consultant shall complete and submit the City's Conflict of Interest Questionnaire. IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and CONSULTANT has executed this Agreement through its duly authorized undersigned officer on this date 12/14/2021 City of Denton, Texas Contract 7742 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 11 of 25 DocuSign Envelope ID: DFA01 E89-2D32-4331-8128-7AAOEAD8OE41 CONSULTANDocuSignedby: BY: �sYid AUTHORI 40 A f1'URE Printed Name: Gabriel Ornelas, Jr., P.E. Title: senior vice President & coo 512-339-1745 PHONE NUMBER gornelas@rkci.com EMAIL ADDRESS 2021-818510 TEXAS ETHICS COMMISSION 1295 CERTIFICATE NUMBER CITY OF DENTON, TEXAS DocuSigned by: BY: "11"� 34t8J4St(8 a,. INTERIM CITY MANAGER ATTEST: ROSA RIOS, CITY SECRETARY PSigned by: PIZBY:Izz" — C5CAo;.5E175493 APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY DocuSigned by: BY: --bA"t THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. . �DocuSgned by: r— W)" RE- ethan cox PRINTED NAME General Manager of Public works TITLE Public works DEPARTMENT City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 12 of 25 Contract 7742 DocuSign Envelope ID: DFA01E89-2D32-4331-8128-7AAOEAD8OE41 Exhibit A RFQ 7742 — Construction Material Testing (on file in the purchasing office) City of Denton, Texas Contract 7742 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 13 of 26 DocuSign Envelope ID: DFA01E89-2D32-4331-B128-7AAOEAD8OE41 RFQ # 7742 - CONSTRUCTION MATERIALS TESTING AND GEOTECHNICAL INVESTIGATION FOR THE CITY OF DENTON SCOPE OF WORK 1. PURPOSE The purpose for the RFQ to award a professional services contract for construction material testing and geotechnical services on capital projects and other construction projects. It is the intention of the City of Denton to award the contract for three (3) years, with the option to renew from the date of award for an additional two (2) one-year periods 2. SCOPE OF SERVICES The scope of work outlined in this RFQ is preliminary, and a final scope will be negotiated with the selected firm and modified as needed. The consultant hereby agrees to perform the services as described herein and in the Proposal, the General Conditions, and other attachments to this agreement in connection with this project. The scope of work includes, but not be limited to the following: A. Asphaltic Concrete/ Bituminous Materials Observation/Testing • Asphaltic concrete mix designs • Confirmation of mix design • Observations/sampling at batch plant or jobsite • Rolling pattern field nuclear density test • Asphaltic concrete coring • Laboratory density of pavement cores B. Portland Cement Concrete and Aggregates Observation/Testing • Portland cement concrete mix design • Confirmation mix design test cylinders • Confirmation mix design test beams • Gradation (ASTM C-136) • Sieve analysis • Sulphate Soundness • Concrete Coring • Compressive strength test Page 1 of 3 DocuSign Envelope ID: DFA01E89-2D32-4331-B128-7AAOEAD8OE41 RFQ # 7742 — CONSTRUCTION MATERIALS TESTING AND GEOTECHNICAL INVESTIGATION FOR THE CITY OF DENTON SCOPE OF WORK C. Soil Observation/Testing Continuous observation and testing of earthwork • In-place moisture -density • Moisture density relationship • Moisture density relationship with lime or cement • Strength and durability of cement stabilization • Provide recommendation for soil stabilization D. Geotechnical Investigations/Drilling Services • Geotechnical Investigations and Contract Drilling Services • Drilling Services • Laboratory Testing • Professional/ Technical Service E. Observation/ Testing of Structural Steel/ Welding • Visual Inspection and Reporting of steel reinforcing bar • High strength bolt tension testing 3. PERFORMANCE SPECIFICATIONS The City of Denton will provide a list of locations and or streets for geo-technical investigation and provide stabilization recommendation in the reports. The testing firm will follow the prioritized list provided by City of Denton unless a change order is requested in writing and approved. Provide report and recommendations within 4 weeks of the request. This includes the following. 1. Utility line locates when taking core samples 2. Samples must be taken at a minimum depth 36 inches for Street Department Projects 3. Provide a soil stabilization recommendation as part of the report Testing firm will respond to request for material sampling within 24 hours. 4. CORE SUBMITTAL REQUIREMENTS Sealed qualification submittals will be accepted either electronically in Ionwave or hard copy as outlined within the solicitation in Ionwave. The responding firms shall provide all documents necessary to support its qualifications and include them in their submittal. Page 2 of 3 DocuSign Envelope ID: DFA01E89-2D32-4331-B128-7AAOEAD8OE41 RFQ # 7742 — CONSTRUCTION MATERIALS TESTING AND GEOTECHNICAL INVESTIGATION FOR THE CITY OF DENTON SCOPE OF WORK Please include at a minimum the following: A. Overview of the Firm Provide a brief overview of your firm, including years in business, number of offices and staff, and significant projects completed in that time. Identify the location of the office your firm proposes to provide these services from, and number of staff (by position) in that office. Identify the municipal clients in Texas your firm has provided materials testing, special inspections and geotechnical engineering services to; and years that municipality has used your firm's services. Include at least 3 references, with contact information for each person. B. Qualifications of the Team • Provide the resumes of the team your firm proposes to provide services to the City, and an organizational chart showing their relationships. • Include the Registered Professional Engineer (and their Texas Registration #) who will be overseeing the work, and at least two Engineering Technicians (or similar title) that will be observing the work in the field. • Provide the resume of the individual(s) who will be managing the operations of testing laboratory for these services. • Each resume should include, at a minimum, the years of industry experience; years with the present firm; and key educational and other unique qualifications. C. Quality and Information Management • Provide a brief narrative of how this team will insure the quality of materials testing services is provided at the highest level. This does not have to be extensive but should include descriptions of the quality control and quality assurance process used inside your firm to maintain materials testing quality standards. • Explain how test results, reports and other deliverables are stored, managed, and distributed to the project teams your firm works with. Pay special attention to how failed test results are tracked through the correction and verification process, and any unique tracking systems used for this process. D. Available Services • An Excel spreadsheet with a list of common materials testing, special inspection and geotechnical engineering services has been provided as Attachment 1 — Services • Available with this RFQ. Please let the City team know which of these services your firm does (and does not) provide, along with any comments. • A section has been provided at the end for your firm to add any other services you believe the City may find useful but are not with the list of services provided. Page 3 of 3 DocuSign Envelope ID: DFA01E89-2D32-4331-8128-7AAOEAD8OE41 RFQ # 7742 - CONSTRUCTION MATERIALS TESTING AND GEOTECHNICAL INVESTIGATION FOR THE CITY OF DENTON ATTACHMENT A - DME SCOPE OF WORK A: INTRODUCTION The City of Denton (City), a home -rule city of the State of Texas, is requesting submissions of qualifications for the purpose of selecting one firm with demonstrated experience in providing geotechnical engineering services, construction material testing, construction inspection, and other related professional services for Denton Municipal Electric's (DME) Capital Improvement Plan (CIP) projects. The Firm must have a Registered Professional Engineer in the State of Texas on staff to stamp all reports. The Firm shall be located no more than 1 hour from Denton so that the Firm can respond to project needs in a timely manner. Some CIP projects might require the Firm to be at the project site continuously for several days at a time. The firm shall have demonstrated experience providing the following services: • Site boring, sampling, and field collection to support design of transmission tower foundations, substation foundations, and others • Concrete testing and P.E. signed Reports • Soil testing and P.E. signed Reports • Asphalt testing • Structural steel welding inspection and P.E. signed Reports • Masonry inspection and P.E. signed Reports • Comprehensive report identifying existing geotechnical conditions B: SCOPE OF WORK The scope of work to be performed is as required to assist Denton Municipal Electric with geotechnical engineering and testing services as needed for CIP projects. Below is a listing of the tasks the Firm shall complete for City approval of the project. This is not meant to be a complete listing but is provided to give the firm an understanding of the scope of services required: Geotechnical Engineering Services: Professional services, based on industry standards, shall include but not be limited to: ❖ Soil Borings — Site specific drilling and sampling locations to be coordinated with DME to identify soil properties/conditions based on site and lab testing. The purpose of this service is to identify stratigraphy and groundwater conditions and evaluate the properties of the subsurface conditions. This service may also include traffic control measures, backfill, pavement replacement, or other means to safely perform the work and return the site to existing conditions. DocuSign Envelope ID: DFA01E89-2D32-4331-B128-7AAOEAD8OE41 ❖ Investigation Reporting — Compile comprehensive report documenting site field/laboratory testing results and design recommendations for each project. The scope of the investigation and reporting shall consist of evaluating the properties of the subsurface conditions, soil resistivity, and potential vertical movement; and design recommendations for earthwork, retaining walls, pavement sections, and foundations. ❖ Engineering Design — Collaborate with DME and/or representatives for DME as needed to provide expertise/recommendation for geotechnical issues that may arise. ❖ Other geotechnical engineering services as required. Construction Materials Testing and Inspection Services: Laboratory and field testing, inspections, and reporting professional services, based on industry standards, to include but not be limited to: ❖ Earthwork — testing and/or inspection of density, backfill lifts, imported material, soil stabilizations, compaction, etc. ❖ Concrete Testing ■ Concrete shall be sampled in accordance with Standard Practice for Sampling Fresh Mixed Concrete (ASTM C 172) ■ The slump of the concrete shall be tested as determined by the Standard Test Method for Slump of Hydraulic -Cement Concrete (ASTM C143, CSA A23.2.20). ■ Sample cylinders shall be tested for compressive strength at 7 and 28 days. ■ Samples shall be tested according to Standard Test Method for Compressive Strength of Cylindrical Concrete Specimens (ASTM C39, CSA A23.2.13). ■ Testing reports shall be provided to contractor, owner, and/or owner representative. ❖ Pavement — testing and/or inspection of thickness, concrete, reinforcement placement, etc. ❖ Foundations — testing and/or inspection of pier design/installation, concrete, reinforcement placement, etc. ❖ Steel Structure —inspection of connections, welds, etc. ❖ Electronic Reporting — Provide an electronic reporting system for distribution of inspection and testing results to DME personnel and consultants. ❖ Other testing and inspection engineering services as required. C: CONTRACT STRUCTURE The compensation for the geotechnical engineering and testing professional services will be structured as appropriate for the task. Drilling and sampling may be priced per foot, lab tests are a set price, CMET & engineering costs should be hourly. In addition, any sub -consultant costs should not exceed a 10% increase in cost. Contract compensation will be negotiated with selected firm in accordance with information contained in the RFQ invitation. The contract will have a total not -to -exceed amount for the entire term of the contract. DocuSign Envelope ID: DFA01 E89 -2D32-4331 -B1 28-7AAOEAD8OE41 Exhibit B Consultant Name: Raba Kistner Consultants, Inc. (Revl - October 26, 2021) Rates for all materials testing includes all office and laboratory costs needed to perform testing and to report results. Field Unit 2021 Rates 1. Testing of Soils and Base Materials 1.1 Field Soil Density 1.1.1 Trip Charge (round-trip) Per ea $77.50 1.1.2 Field Tech Time (on-site only, 2 -hour Per hr $71.02 1.1.3 Field Nuclear Density Test Per ea $24.03 1.1.4 Field Nuclear Density Report (includes clerical, engineering, etc. time) Per ea $27.32 1.2 Bulk Sample Pick -Up 1.2.1 Inside the City of Denton ETJ (round-trip) Per trip $77.50 1.3 Sample Preparation (TEX-101-E) Per ea $65.87 1.4 Natural Moisture Content Per ea $22.71 1.5 Sieve Analysis (TEX-110-E) Per ea $85.23 1.6 Atterberg Limits (Liquid and Plastic Limits) (TEX-104-E, TEX-105-E, TEX-10-E) Per ea $96.58 1.7 Percent Passing No. 200 Sieve (TEX-111-E) Per ea $60.00 1.8 Bar Linear Shrinkage of Soils (TEX-107-E) Per ea $68.16 1.9 Laboratory Moisture Density Relationship 1.9.1 Trip Charge (round-trip) Per ea $77.50 1.9.2 Field Tech Time (on-site only, 2 -hour minimum) Per hr $71.02 1.9.3 Moisture Density Relationship (ASTM D 698) Standard Proctor Compaction Test) Per ea $310.00 1.9.4 Moisture Density Relationship (ASTM D 1557) (Modified Proctor Compaction Test) Per ea $318.19 1.9.5 Moisture Density Relationship (TEX-113-E) Compaction Test Per ea $318.19 1.9.6 Moisture Density Relationship (TEX-114-E, Partl) Compaction Test Per ea $284.08 1.9.7 Moisture Density Relationship (TEX-114-E, Part II) Compaction Test Per ea $305.94 DocuSign Envelope ID: DFA01E89-2D32-4331-B128-7AAOEAD8OE41 1.9.8 Moisture Density Relationship Per ea Compaction Test - Check Point $62.22 1.10 Texas Triaxial Compression Test on Base Material TEX-117E, Part II, including the following: 1.10.1 Molding, Curing, and Testing (9 Specimens) Per ea $1,750.00 1.10.2 Sample Preparation (TEX-101-E) Per ea $65.87 1.10.3 Sieve Analysis (TEX-110-E) Per ea $85.23 1.10.4 Atterberg Limits (Liquid and Plastic Limits) (TEX-104-E, TEX-105-E, TEX-10-E) Per ea $96.58 1.10.5 Percent Passing No. 200 Sieve (TEX-111-E) Per ea $52.46 1.10.6 Bar Linear Shrinkage of Soils (TEX-107-E) Per ea $68.16 1.10.7 Wet Ball Mill (TEX-116-E) Per ea $295.43 1.11 Permeability of Silt or Clay (ASTM D 5084) Per ea $392.02 1.12 Sample Remolding Per hr $65.87 1.13 Soil Specific Gravity (TEX-108-E) Per ea $73.89 1.14 Soil Lime Compression Test (TEX-121-E) 1.14.1 Soil Lime Compression Test (TEX-121-E, Part 1)(Test includes 4lime content involves 3 test specimens) Per ea $100.00 1.14.2 Soil Lime Compression Test (TEX-121-E, Part II) Per ea $110.00 1.14.3 Soil Lime Compression Test (TEX-121-E, Part III) Per ea $110.00 1.15 Soil pH (Tex -128-E) Per ea $36.38 1.16 Depth Check (Tex -140-E) Per ea $16.39 1.17 Sulfate Content (Tex -145-E) Per ea $81.95 1.18 Resistivity of Soils (TEX-129-E) Per ea $85.23 1.19 Lime Series Curve (ASTM D 4318) Per point $114.73 1.20 Stabilization Ability of Lime by Soil PH (TEX-121-E Part III) up to 6 points Per ea $245.84 1.21 Field Gradation of Lime Soil (1.75, 0.75, No 4 Sieve) in addition to hourly charge Per point $16.39 2. Testing of Concrete and Cement 2.1 Concrete Cylinder 2.1.1 Trip Charge (round-trip) Per ea $77.50 2.1.2 Field Tech Time (on-site only, 2 -hour minimum) Per hr $63.38 2.1.3 Cylinder Charge Per ea $28.40 2.1.4 Slump Test Per ea $27.75 2.1.5 Air Content Test Per ea $35.00 DocuSign Envelope ID: DFA01E89-2D32-4331-8128-7AAOEAD8OE41 2.1.6 CLSM Cylinder Compressives Strength Per ea $52.50 2.1.7 Lighweight Cylinder Compressive Strength Per ea $52.50 2.2 Concrete Coring 2.2.1 Trip Charge (round-trip) Per ea $77.50 2.2.2 Field Tech Time (on-site only, 2 -hour minimum) Per hr $63.38 2.2.3 Equipment Charge Per hr $85.00 2.2.4 Core Bit Surcharge (in addition to base equipment charge) 2.2.4.1- 3 -inch diameter core Per inch $5.04 2.2.4.2 - 4 -inch diameter core Per inch $6.10 2.2.4.3 - 6 -inch diameter core Per inch $8.32 2.2.5 Concrete Core Test Per ea $29.49 2.3 Aggregate Gradation Analysis (TEX-200-F) Per ea $80.89 2.4 Specific Gravity of Aggregate Per ea $61.21 2.5 Absorption of Aggregate Per ea $40.16 2.6 Unit Weight of Aggregate Per ea $40.16 2.7 Abrasion Test (TEX-410-A) Per ea $267.69 2.8 Decantation Per ea $37.13 2.9 Organic Impurities Per ea $54.63 2.10 Soundness, Sodium, or Magnesium Per cyc $80.84 2.11 Beam Flexural Strength (TEX 448-A) Per ea $54.50 2.12 Coarse Aggregate Angularity Per ea $83.06 2.13 Fine Aggregate Angularity Per ea $83.06 2.14 Flat, Elongated Particles Per ea $83.06 2.15 Deleterious Materials (Clay Lumps/Friable Part 1) Per ea $73.20 2.16 Sand Equivalent (Clay Content) Per ea $93.98 2.17 Schmidt Rebound Number Per hr $120.50 3. Testing of HMACand Liquid Asphalt 3.1 Sample Pick-up 3.1.1 Inside the City of Denton ETJ (round-trip) Per ea $77.50 3.2 HMIAC 3.2.1 Trip Charge (round-trip) Per ea $77.50 3.2.2 Field Tech Time (on-site only, 2 -hour minimum) Per hr $67.73 H MAC Laboratory Testing 3.2.3 Specimen Molding, Bulk Density, and Stability (3 per set) (Tex -208-F, Tex -207-F) Per ea $150.80 DocuSign Envelope ID: DFA01E89-2D32-4331-B128-7AAOEAD8OE41 3.2.4 Extraction (Gradation & Asphalt Content) Per ea $246.95 3.2.5 Extraction (Asphalt Content) (Tex -200-F, TEX-210-F, D2172, T164,) Per ea $170.47 3.2.6 Maximum Theoretical Specific Gravity, Rice Method (Tex 207-F, Tex227-F) 3.2.6.1 - Bag Sample Per ea $55.74 3.2.6.2 - Core Sample Per ea $67.73 3.2.8 Specific Gravity, Bulk Per ea $27,32 3.2.9 Sand Equivalent Per ea $91.76 3.2.10 Abson Recovery Per ea $236.03 3.2.11 Ductility Per ea $102.68 3.2.12 Softening Point (Ring and Ball) Per ea $102.68 3.2.13 Absolute Viscosity Per ea $63.38 3.2.14 Penetration Per ea $63.38 3.2.15 Residue by Distillation Per ea $185.00 3.2.16 Asphalt Content Gauge Calibration Per ea $194.47 3.2.17 Asphalt Cold Feed Gradation Per ea $71.00 3.2.18 Fractured Faces Per ea $69.00 3.2.19 Asphalt In Place Density Per ea $27,32 3.2.20 Asphalt Density Gauge Core Correction Per ea $104.82 3.2.21 Lottman Per ea $495.02 3.2.22 Asphalt Marshall Mix Design Review Per ea $548.75 3.2.23 Moisture Sensitivity Test (TSR) with Freese/Thaw Per ea $717.00 3.2.24 Moisture Sensitivity Test (TSR) without Freese/Thaw Per ea $559.25 3.2.25 Laboratory Core Density (Already Trimmed) Per ea $25.75 3.3 HMAC Coring 3.3.1 Trip Charge (round-trip) Per ea $153.39 3.3.2 Field Tech time (on-site only, 2 -hour minimum) Per hr $70.49 3.3.3 Core, per inch thickness 3.3.3.1 - 0"-6" depth @ 6"0 (includes patching and sample prep.) Per inch $27.32 3.3.3.2 - > 6"-10" depth @ 6"0 (includes patching and sample prep.) Per inch $32.78 3.3.3.3 - > 10"-14" depth @ 6"0 (includes patching and sample prep.) Per inch $35.54 3.3.3.4 - >14" depth @ 6"0 (includes patching and sample prep.) Per inch $38.24 DocuSign Envelope ID: DFA01E89-2D32-4331-8128-7AAOEAD80E41 3.3.3.5 - Per inch beyond 14" depth @ 6"0 (includes patching and sample prep.) Per inch $5.47 4. Field Testing Equipment 4.1 Vehicle 4.1.1 Within City of Denton ETJ (round-trip) Per trip $77.50 4.2 Ultrasonic Testing Equipment Per hr $45.00 4.3 Concrete Coring Equipment Charge Per hr $85.00 4.4 Concrete Core Bit Surcharge (in addition to base equipment charge) 4.4.1 3 -inch diameter core Per inch $5.04 4.4.2 4 -inch diameter core Per inch $6.10 4.4.3 6 -inch diameter core Per inch $8.32 5. Steel 5.1 Reinforcing Steel Observation Per hr $77.50 5.2 Certified Welding Inspector Per hr $136.25 6. Outside Services 6.1 Outside Services (Reimbursables) Rate+10% 7. Subconsultants 7.1 Subconsultant Services Rate+10% DocuSign Envelope ID: DFA01E89-2D32-4331-8128-7AAOEAD80E41 Consultant Name: Raba Kistner Consultants, Inc. (Revl - October 26, 2021) 1. Drilling Unit 2021: Rates 1.1 Rig Mobilization (maximum of one per project assignment) Per ea $397.80 1.2 Minimum Daily Rig Charge (only if drill depth rates below not used) Per day $766.96 1.3 Soil Drilling 1.3.1 Soil Drilling O' to 25' depth (includes all back -filling) Per ft $17.93 1.3.2 Soil Drilling 25' to 35' depth (includes all back -filling) Per ft $20.90 1.3.3 Soil Drilling 35' to 50' depth (includes all back -filling) Per ft $24.50 1.3.4 Standard Penetration Tests (SPT) (ASTM D 1586) Per ea $28.43 1.3.5 Shelby Tube (Thin Wall/3") (ASTM D 1587) Per ea $28.43 1.4 Rock Drilling 1.4.1 Rock Drill Surcharge (to be used in addition to soil drilling depth rates above only when rock is encountered) Per ft $4.46 1.5 Rock Coring 1.5.1 Rock Coring O' to 25' depth (includes all back -filling) Per ft $28.86 1.5.2 Rock Coring 25' to 35' depth (includes all back -filling) Per ft $31.34 1.5.3 Rock coring 35' to 50' depth (includes all back -filling) Per ft $33.95 1.5.4 Rock coring 50' to 65' depth (includes all back -filling) Per ft $35.80 1.5.5 Rock coring 65' to 80' depth (includes all back -filling) Per ft $37.13 1.6 Concrete Coring 1.6.1 Trip Charges (round-trip) Per ea $147.49 1.6.2 Equipment Charge Per hr $85.00 1.6.3 Core Bit Surcharge (in addition to base equipment charge) 1.6.3.1 - 3 -inch diameter core Per inch $5.04 1.6.3.2 - 4 -inch diameter core Per inch $6.10 1.6.3.3 - 6 -inch diameter core Per inch $8.32 1.6.4 lRepair Core hole Per ea $38.25 1.7 HMAC Coring 1.7.1 Trip Charge (round-trip) Per ea $153.39 1.7.2 Equipment Charge Per hr $85.00 1.7.3 Field Tech time (on-site only) Per hr $70.49 1.7.4 Repair Core hole with HMAC Per ea $17.02 1.7.5 Repair Core hole with Cold Mix Per ea $28.43 1.8 Support Truck Per day $114.30 1.9 lWater Truck Per day $153.39 1.10 Bore Casing Per ft $10.92 1.11 Observation Well - 20'- Typical - Materials Only Per ea $562.49 1.12 Observation Well -20' -Typical -Completed Well Per day $2,510.00 1.13 Plug/Abandon Observation Well Per ea 1.13A I Plug/Abandon Observation Well - 0'-50' Per ea $397.80 1.136 I Plug/Abandon Observation Well - 51'-100' Per ea 1.14 Steam Cleaner Per day $238.68 DocuSign Envelope ID: DFA01E89-2D32-4331-B128-7AAOEAD8OE41 1.15 Air Compressor Per day $150.00 1.16 Extra Crew Man for Traffic Control on Low Traffic Streets Per hr 2. Laboratory Testing 2.1 Moisture Content (ASTM D 2216) Per ea $22.71 2.2 Moisture Content + Dry Density (ASTM D 2937) Per ea $31.77 2.3 Atterberg Limits (ASTM D-4318; TEX-104-E, TEX 105-E and TEX-106-E) Per ea $96.58 2.4 Hydrometer Analysis (ASTM D 422) Per ea $221.61 2.5 No. 200 Sieve (ASTM D-1140: TEX-111-E) Per ea $54.53 2.61 Particle Gradation: Including No. 200 sieve (ASTM D-422, TEX 110E) Per ea $85.23 2.7 Particle Gradation: Including No. Hydrometer (ASTM D-422) Per ea $125.00 2.8 Moisture Density Relationship: Standard Effort: 4" Mold (ASTM D 698 A & B) Per ea $295.43 2.9 Moisture Density Relationship: Standard Effort: 6" Mold (ASTM D 698 C & D) Per ea $295.43 2.10 Moisture Density Relationship: Modified Effort; 4" Mold (ASTM D 1557 A & B) Per ea $318.19 2.11 Moisture Density Relationship: Modified Effort; 6" Mold (ASTM D 1557 C & D) Per ea $318.19 2.12 Moisture Density Relationship: base & cohesionless sand (TEX 113E) Per ea $318.19 2.13 Moisture Density Relationship: subgrade & embankment soils (TEX 114 E) Part II Per ea $305.94 2.14 Unconfined Compression Test - Cohesive Soils (ASTM D 2166) Per ea $63.65 2.15 Unconfined Compression Test - Rock (ASTM D 2938) Per ea $68.16 2.16 Consolidation Test (ASTM D 2435) (up to 6 load increments) Per ea $477.26 2.16.1 1 Each additional load increment in excess of 6 Per ea $51.13 2.17 Triaxial Unconsolidated -Undrained (UU) (ASTM D 2850) (per point) Per ea $130.69 2.18 Triaxial Unconsolidated -Undrained (UU) (ASTM D 2850) (multi -stage, 3 stage loading) Per ea $198.85 2.19 Triaxial Consolidated -Undrained (CU) with pore pressures (ASTM D 4767) Per ea $564.77 2.20 Triaxial Consolidated -Undrained (CU) with pore pressures (ASTM D 4767) Per ea $880.68 2.21 Direct Shear UU, per point (ASTM modified) Per ea $193.17 2.22 Direct Shear CU, per point (ASTM D 6528) Per ea $227.28 2.23 Direct Shear CD, per point (ASTM D 3080), includes extrusion, unit wt., and moisture Per ea $420.44 2.24 Direct Shear CD with residual strength, per point, incl. ext., unit wt., and moisture Per ea $448.82 2.25 Shrinkage (Volumetric) (ASTM D 427, ASTM D 4943) Per ea $77.22 2.26 Shrinkage (Bar Linear) (TEX-107-E) Per ea $68.16 2.27 Swell Pressure (ASTM D 4546) Single Load Per ea $238.68 2.28 Swell Pressure (ASTM D 4546) Multi -Load Increments Per ea $170.47 2.29 Free Swell Per ea $140.00 2.30 Controlled Pressure Swell Per ea $267.06 2.31 PVR (TEX 124-E) Per ea $170.47 2.32 Texas Triaxial Compression Test (TEX-117E) 2.32.1 Molding, Curing, and Testing (9 Specimens) Per ea $1,750.00 2.32.2 Sample Preparation (TEX-101-E) Per ea $65.87 2.32.3 Sieve Analysis (TEX-110-E) Per ea $85.23 2.32.4 Atterberg Limits (Liquid and Plastic Limits) (TEX-104-E, TEX-105-E, TEX-10-E) Per ea $96.58 2.32.5 Percent Passing No. 200 Sieve (TEX-111-E) Per ea $52.46 2.32.6 Bar Linear Shrinkage of Soils (TEX-107-E) Per ea $68.16 2.32.7 Wet Ball Mill (TEX-116-E) Per ea $295.43 2.33 Soil -Lime Relationship: PI Method (TEX-112-E, ASTM D 3551) Per ea $460.22 2.34 Soil -Lime Relationship: PH Method (ASTM D 6276, ASTM D 3551) Per ea $255.65 2.35 Soil Lime Compression Test (TEX-121-E, ASTM D 3551) Per ea $32.19 2.36 Soil -Lime Compaction Testing (TEX-121-E, Part II) Per ea $295.43 2.37 Atterberg Limits of Lime Treated (ASTM D 4318, ASTM D 3551) Per ea $129.95 2.38 Sample Remolding Per ea $65.87 2.39 Expansion, Shrinkage, and Uplift Pressure of Soil -Lime Mixtures (ASTM D-3877) Per ea $295.43 2.40 California Bearing Ratio (CBR) of Laboratory -Compacted Soils (ASTM D 1883) Per ea $295.43 2.40.1 Each Additional Point Per ea $90.91 3. Miscellaneous Testing 3.1 Soluble Sulfate (ASTM C 88) DocuSign Envelope ID: DFA01E89-2D32-4331-B128-7AAOEAD80E41 3.1.1 Soluable Sulfate (ASTM C88) Per ea $73.89 3.1.2 Soluable Sulfate (TEX-145-E) Per ea 3.2 Specific Gravity of Soils (TEX-108-E) Per ea $73.89 3.3 Soil pH (TEX-128-E) Per ea $36.38 3.4 Laboratory Resistivity (ASTM G-58, TEX 129-E) Per ea $85.23 3.5 PH, Sulfate, Chloride & Resistivity Per ea $168.14 3.6 Crumb Test of Clayey Soils (ASTM 6572) Per ea $40.89 3.7 Organic Content (ASTM D 2974) 3.7.1 Organic Content (ASTM D2974) Per ea $59.94 3.7.2 Organic Content (TEX-148-E) Per ea 3.8 Permeability - Falling Head (ASTM D 5084) Per ea $392.02 3.9 Permeability - Constant Head (ASTM D 2434) Per ea $323.86 3.10 Unit Weight (ASTM D2166) Per ea $39.50 3.11 Relative Density (ASTM D2049) Per ea $408.44 3.12 "R" Value Determination (ASTM D2844) Per ea $886.29 S. Outside Services 5.1 Outside Services (Reimbursables) Rate+10% 6. Subconsuttants 6.1 Subconsultants Services Rate+10% DocuSign Envelope ID: DFA01E89-2D32-4331-B128-7AAOEAD8OE41 HOURLY RATE SHEET for: Consultant Name: Raba Kistner Consultants, Inc. (Revl - October 26, 2021) Standard Titles Engineering Technician 1 (1-5) $59.50 /hr Engineering Technician II (5-10) $63.83 /hr Engineering Technician III (10-15) $71.02 /hr Engineering Technician IV (15-20) $79.36 /hr Engineering Technician V (20-25) $84.14 /hr Laboratory Supervisor (25-30) $125.37 /hr Engineer in Training 1(0-5) $89.77 /hr Engineer in Training II (5-10) $101.18 /hr Professional Engineer 1(4-8) $112.97 /hr Professional Engineer II (8 -10) $129.11 /hr Professional Engineer III (10-15) $154.00 /hr Professional Engineer IV (15-20) $169.41 /hr Professional Engineer V (20-25) $185.75 /hr Administrative Assistant 1(0-5) $50.47 /hr Administrative Supervisor II (8-12) $82.24 /hr Certified Welding Inspector III (10-15) $136.25 /hr Project Manager $173.84 /hr Project Principal $270.83 /hr DocuSign Envelope ID: DFA01E89-2D32-4331-B128-7AAOEAD8OE41 Exhibit C CITY OF DENTEN INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations, which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A- VII or better. Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. • Liability policies shall be endorsed to provide the following: City of Denton, Texas Contract 7742 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 16 of 25 DocuSign Envelope ID: DFA01E89-2D32-4331-B128-7AAOEAD8OE41 • Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. • That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. • Provide a Waiver of Subrogation in favor of the City of Denton, its officials, agents, employees, and volunteers. • Cancellation: City requires 30 day written notice should any of the policies described on the certificate be cancelled before the expiration date. • Should any of the required insurance be provided under a claims -made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: [X] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000.00 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. City of Denton, Texas Contract 7742 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 17 of 25 DocuSign Envelope ID: DFA01E89-2D32-4331-B128-7AAOEAD80E41 If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. • Coverage B shall include personal injury. Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000.00 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or 0 all owned, hired and non -owned autos. [X] Workers' Compensation Insurance Contractor shall purchase and maintain Worker's 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 Contractor shall comply with the provisions of Attachment 1 in accordance with City of Denton, Texas Contract 7742 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 18 of 25 DocuSign Envelope ID: DFA01E89-2D32-4331-8128-7AAOEAD8OE41 §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. [X] Professional Liability Insurance Professional liability insurance with limits not less than $1,000,000 per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. [ ] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a "blanket" basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than each occurrence are required. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. City of Denton, Texas Contract 7742 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 19 of 25 DocuSign Envelope ID: DFA01E89-2D32-4331-B128-7AAOEAD8OE41 ATTACHMENT 1 [ ] Workers' Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: City of Denton, Texas Contract 7742 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 20 of 25 DocuSign Envelope ID: DFAO1E89-2D32-4331-B128-7AAOEAD8OE41 1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4) obtain from each other person with whom it contracts, and provide to the contractor: a) certificate of coverage, prior to the other person beginning work on the project; and b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; City of Denton, Texas Contract 7742 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 21 of 25 DocuSign Envelope ID: DFAO1E89-2D32-4331-B128-7AAOEAD8OE41 5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7) Contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. City of Denton, Texas Contract 7742 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 22 of 25 DocuSign Envelope ID: DFA01E89-2D32-4331-B128-7AAOEAD8OE41 Exhi bi t cIQ CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ For vendor or other person doing business with local govemmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor 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 vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. 1 Name of vendor who has a business relationship with local governmental entity. Raba Ki stner, Inc 2 ❑ 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 7s' business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate. 3 1 Name of local government officer about whom the information in this section is being disclosed. none Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor 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 vendor? ❑ ❑ No Yes B. Is the vendor 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? 0 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 one percent or more? ❑ ❑ No Yes D. Describe each employment or business and family relationship with the local government officer named in this section. none 4 ❑x I have no Conflict of Interest to disclose. igned by: 5[Zia 0V1 II .S 11/4/2021 Si NWWWlH&ng business with the governmental entity Date