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22-78422-784ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPALCORPORATION, AUTHORIZING THE APPROVAL OF A FIRST AMENDMENT TO APROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON ANDWEAVER CONSULTANTS GROUP, LLC, AMENDING THE CONTRACT APPROVED BYPURCHASING ON DECEMBER 27, 2021, IN THE NOT-TO-EXCEED AMOUNT OF $26, 100.00; SAID FIRST AMENDMENT TO COMPLETE MA[NTENANCE AND REPAIRS OFTHE LANDFILL GAS COLLECTION AND CONTROL SYSTEM (GCCS) AT THE CITY OFDENTON LANDFILL; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; ANDPROVIDING AN EFFECTIVE DATE (RFQ 7109-024 – PROVIDING FOR AN ADDITIONALFIRST AMENDMENT EXPENDITURE AMOUNT NOT-TO-EXCEED $49, 198.34, WITH THE TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $75,298.34). WHEREAS, on December 27, 2021, the City awarded a contract to Weaver Consultants Group, LLC, in the amount of $26,100.00, to provide maintenance and repairs of the Landfill Gas Collection and Control System (GCCS) at the City of Denton Landfill; and WHEREAS, the additional fees under the proposed First 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 First Amendment, increasing the amount of the contract between the City and Weaver Consultants Group, LLC, which is on file in the office of the Purchasing Agent, in the amount of Forty-Nine Thousand One Hundred Ninety-Eight and 34/100 ($49,198.34) Dollars, is hereby approved and the expenditure of funds therefor is hereby authorized in accordance with saidamendment. The total contract amount increases to $75,298.34. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by Jesse his and seconded by Bric)r\ Bed< . This ordinance was passed and approved by the following vote [J -a: Aye ,/77 7 Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 :Brian Beck. District 2: Jesse Davis. District 3 : Alison Maguire, District 4: Deb Armintor, At Large Place 5 : Paul IVleltzer, At Large Place 6: PASSED AND APPROVED thi, th, e d,y .f +L _, 2022. GEI mr:'ETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY L\\\1111111/1 L gz APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Digitally signed by Marcella Lunn DN: cn=Marcella Lunn. _bJ't'LvtLtJ$ b WVb ==,IFIi:i,:,IF,eIT,t=,nk,i tyofdenton.com, c=USDate: 2022.03.28 18:1 1 :37 -05'OO' B DocuSign Envelope ID: 6D8DD5FE-671443DA-8BE2-F06FFFE96966 FIRST AMENDMENT TO CONTRACT BY AND BETWEEN THE CITY OF DENTON, TEXASAND WEAVER CONSULTANTS GROUP, LLCPSA 7109-024 THE STATE OF TEXAS § iCOUNTY OF DENTON THIS FIRST AMENDMENT TO CONTRACT 7109-024 (“Amendment”) by and between the City of Denton, Texas (“City”) and WEAVER CONSULTANTS GROUP, LLC (“Consultant”); to that certain contract executed on December 27, 2021, in the original not-to-exceed amount of $26,100 (the “Agreement”); for services related to GasCollection and Control System O&M. WHEREAS, the City deems it necessary to further expand the services provided by Consultant to the City pursuant to the terms of the Agreement, and to provide an additional not-to-exceed amount $49,198.34 with this Amendment for an aggregate not-to-exceed amount of $75,298.34; and FURTHERMORE, the City deems it necessary to further expand the goods/services provided by Consultant to the City; NOW THEREFORE, the City and Consultant (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 Amendment, which amends the following terms and conditions of the said Agreement, to wit: 1.The additional services described in Exhibit “A“ of this Amendment, attached hereto and incorporated herein for all purposes, for professional services related to the Gas Collection and Control System O&M, are hereby authorized to be performed by Consultant. For and in consideration of the additional services to be performed by Consultant, the City agrees to pay, based on the cost estimate detail attached as Exhibit “A”, a total fee, including reimbursement for non-labor expenses an amount not to exceed $49, 198.34. 2. This Amendment modifies the Agreement amount to provide an additional $49,198.34 for the additional services with a revised aggregate not to exceed total of $75,298.34. 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. 7109-024 PSA – Amendment # 1 Page 1 of 2 DocuSign Envelope ID: 6D8DD5FE-671 IN WITNESS WHEREOF, the City and the Consultant, have each executed this Amendment electronically, by and through their respective duly authorized representativesand officers on this date 4/70/2022 . “CITY““CONSULTANT” CITY OF DENTON, TEXAS A Texas Municipal Corporation WEAVER CONSULTANTS GROUP,LLC. DocuSigned br By: 1 hH%@ Pr1 nci pa1 AUTHORIZED SIGNATURE, TITLEATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM:MACK REINWAND, CITY ATTORNEY DocuSigned brp THIS AGREEMENT HAS BEENBOTH REVIEWED AND APPROVED as to fInancial and operational obligations and business terms. Brian Baerner PRINTED NAMESIG-N–AfORE Director of Solld waste TITLE SWR DEPARTMENT 7109-024 PSA – Amendment # 1 Page 2 of 2 DocuSign Envelope ID: 6D8DD5FE-671443DA-8BE2-F06FFFE96966 Weaver Consultants Group 18300 Strack Dr Suite 500 Spring, TX 77379 US jshannon@wcgrp.com Exhibit A WeaverConsultantsGroup Estimate ADDRESS City Of Denton Landfill 1527 S Mayhill Road ESTIMATE DATE 1468 02/28/2022 Denton, TX 76208 SERViCE DESCRIPTION QTY 1 RATE 3,859.00 AMOUNT 3,859.00Flow Meter (Tbermal Instruments) Misc Supplies Labor Air Supply Regulator withhoses Labor Blower Seal and BearingKit Blower Laser Alignment Labor Flow Meter for the skid. Price includes shipping Misc Supplies to reroute the new flow to 3/4 location Installation and reprogram the PLC Air Kits with manifolds 1 7 1 200.00 110.00 4,199.00 200.00 770.00 4,199.00 Installation of all the air kits Repair part kit for the blower 1 1 1 1 1 1 880.00 3,963.00 880.00 3,963.00 Blower Laser Alignment Labor for removal / installation of seals, bearings and alignment Knockout Pads (Ity of 3 1 ,000.00 1 ,317.00 1 ,000.00 1 ,317.00 Demister Pad Gasket Labor 1 ,710.00 750.00 1 ,710.00 750.00Removal cleaning the sediment and installation ofdemisterpads Floats, Valves, Guide Rod and Quick Connects Removal, Repair and Cleaning of all 7 Sumps New 10Hp 150PSI 32 CFM 80Gal Removal and Reconfiguration Installation of Air Compressor Removal Cleaning of Flame Arrestor Condensate Sump Parts Labor Air Compressor Labor Flame Arrestor 1 1 1 1 1 1 ,610.00 1 ,250.00 12,103.00 1 ,817.00 800.00 1 ,610.00 1 ,250.00 12,103.00 1 ,817.00 800.00 WCG Scope of Work Flowmeter will be replaced including reconfiguration of conduit and wiring. The PLC and Yokogawa will be programed to the flowmeter. Air Kits at seven different sumps will be retrofitted with air force main manifold fittings and counters to maintain pump records Blower seals and bearing will be replaced. The impellers wil be inspected and the motor will be tested. The blower shaft will be laser aligned with the motor shaftBlower will be checked for vibration TOTAL $36,228.00 Page 1 of 2 DocuSign Envelope ID: 6D8DD5FE-671443DA-8BE2-F06FFFE96966 Knockout gaskets will be replaced with the demister pads. The sediment will be cleaned from both knockouts. Differential pressures will be verified. Condensate pumps will be removed floats, guide rods and valve clearances will be verified. Pumps will receive a deep cleaning and quick connections will be updated. Flame Anestor will be removed and cleaned. WCG will verify differentialpressure Air Compressor will be replaced to include air discharge and eletrica reconfiguration will be completed Accepted By Accepted Date Page 2 of 2 DocuSign Envelope ID: 6D8DD5FE-671443DA-8BE2 Weaver Consultants Group 18300 Strack Dr Suite 500 Spring, TX 77379 US jshannon@wcgrp.com WeaverConsultants Group Estimate ADDRESS CRy Of Denton Landfill 1527 S Mayhill Road ESTIMATE 1447 DATE 01/07/2022 EXPiRATION DATE 02/28/2022 Denton, TX 76208 SERVICE DESCRIPTION QTY RATE AMOUNT Kanaflex 300ft 2’' Flexible Hose Clamps Barb fitting x1 2 Vacuum Cap 250cap bag Quick Connectors 2 Inch NIBCO PVC Schedule 80 Ball Valve PLC Programming System Technician System Technician System Technician 1 1 10 1 27 1 3,264.28 403.40 18.88 57.53 7.68 160.97 3,264.28 403.40 188.80 57.53 207.36 160.97 Qty 200 Clamps. 2 clamps per well for 1 04 wells Connectors for Well Head Knock Out Pod #2 Update or Reprogramming Labor to Change Kanaflex Robert Brandon 1 24 35 22 500.00 101.00 110.00 87.00 500.00 2 ,424.00 3,850.00 1 ,914.00 City of Denton Landfill Inital Non- Routine Maintenance Kanaflex was purchased and replaced with new clamps. WCG tech replaced 27 damaged quick connects on the wetlheads. Along with barb fittings and caps WCG spent multiple days on inital site visit making repairs and diagnosing issues at the flare skid. Spent additional time finding vacuum issues in the LFG system layout TOTAL $12,970.34 Accepted By Accepted Date Page 1 of 1 DocuSign Envelope ID: 6D8DD5FE-671443DA-8BE2-F06FFFE96966 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 ofthe Local Government Code may be found at http://www. statutes.legis.state.tx.us/ Docs/LG/htm/LG 176.htm. For easy reference, below are some of the sections cited on this form Local Government Code $ 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one ofthe parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) apurchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code $ 176.003{a){2)(A) and (B): (A) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vuldoG (B) has given to the local govemment officer or a family member ofthe officer one or more gifts that have an aggregatevalueofmore than $ 100 in the 12-month period preceding the date the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code $ 176.006(a) and (a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and ( 1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member ofthe officer, described by Section 176.003(a)(2)(A);(2) has given a local government officer of that local govemmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176,003(a)(2)(B), excluding any gift described by Section 176,003(a-1); or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business dayafter the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submitsto the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or(2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a local government omcer. City of Denton Ethics Code Ordinance Number 18-757 Definitions Relative: a family member related to a City Official within the third 3fd degree of affinity fmarriage) or consanguinity (blood or adoption) Planning gI orrn City Official: for purpose of this article, the term consists of the Council Members, Department Heads, or member of the Board of Ethics, and zoning Commission Members, Board of Adjustment, Historic Landmark Commission, or Public Utilities Board Vendor: a person who provides or seeks to provide goods, services, and/or real property to the City in exchange for compensation. This definition does not include those property owners from whom the City acquires public right x)f-way or other real property interests for public use. Per the City of Denton Ethics Code, Section 2-273. – Prohibitions (3) it shall be a violation of this Article for a Vendor to offer or give a Gift to City Official exceeding fifty dollars (850.00) per gift, or multiple cumulatively valued at more than two hundred dollars ($200.00) per a single fiscal year. Per the City of Denton Ethics Code, Section 2-282. – Disposition (b), (5) Ineligibility If the Board of Ethics finds that a Vendor has violated this Article, the Board may recommend to the City Manager that the Vendor be deemed ineligible to enter into a City contract or other arrangement for goods, services, or real property, for a period of one (1) year. provided by Texas Ethics Commission www. ethics.state.tx . us Revised 11/30/2015 DocuSign Envelope ID: 6D8DD5FE4714z13DA-8BE2-F06FFFE96296A CONFLICT OF INTEREST QUESTIONNAIRE - For vendor or other person doing business with local governmental enti This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. FORM CIQ 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) and by City of DentonEthics Code, Ordinance 18-757. By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after thIdate 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 amisdemeanor. a 1 entity. WEAVER CONSULTANTS GROUP, LLC 2 1 , 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 1\" business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information in this section is being disclosed. Name of Officer Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section176.003(a)(2)(A). Also describe any family relations hip with the local government 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 176.00 1 (1-a), Local Government Code,Attach additional pages to this Form CIQ as necessary. A.Is the local govemment officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?E Yes a No 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 inthis section AND the taxable income is not received from the local governmental entity?n *“n „. 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 officeror director, or holds an ownership of one percent or more? = Yes D No D.Describe each employment or business and family relationship with the local government officer named in this section 4 5 Lg I have no Conflict of Interest to disclose. DOct31 WImAMtr STole 3/25/2022 Signatur:-a with the governmental entity Date DocuSign Certificate Of Completion Envelope Id: 6D8DD5FE671443DA8BE2F06FFFE96966 Subject: Please DocuSign: City Council Contract 7109-024 Amendment 1 Status: Completed Source Envelope: Document Pages: 8 Certificate Pages: 6 Signatures: 6 AutoNav: Enabled Initials: 1 Crystal Westbrook Envelope Originator: Envelopeld Stamping: Enabled 901 B Texas Street Denton, TX 76209 Time Zone: (UTC-06:00) Central Time (US & Canada)crystal.westbrook@cityofdenton.com IP Address: 198.49.140.104 Record Tracking Status: Original 3/24/2022 8:53:58 AM Holder: Crystal Westbrook crystal.westbrook@cityofdenton.com Location: DocuSign Signer Events Crystal Westbrook crystal.westbrook@cityofdenton.com Senior Buyer City of Denton Security Level: Email, Account Authentication (None) Signature Timestamp Sent: 3/24/2022 8:58:34 AM Viewed : 3/24/2022 8:59:48 AM Signed: 3/24/2022 9:00:46 AM Completed Signed by link sent to crystal.westbrook@cityofdenton.com Using IP Address: 198.49.140.104 Electronic Record and Signature Disclosure:Not Offered via DocuSign Lori Hewell lori.hewell@cityofdenton.com Purchasing Manager City of Denton Security Level: Email, Account Authentication(None) Sent: 3/24/2022 9:00:48 AM Viewed: 3/24/2022 9:09:50 AM Signed: 3/24/2022 9:10:10 AM Signature Adoption: Pre-selected Style Signed by link sent to lori.hewell@cityofdenton.com Using IP Address: 198.49.140.104 Electronic Record and Signature Disclosure:Not Offered via DocuSign Marcella Lunn marcella.lunn@cityofdenton.com Deputy City Attorney City of Denton Security Level: Email, Account Authentication(None) Sent: 3/24/2022 9:10:12 AM Viewed: 3/25/2022 9:36:05 AM Signed: 3/25/2022 9:46:02 AM Signature Adoption: Pre-selected Style Signed by link sent to marcella.lunn@cityofdenton.com Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure:Not Offered via DocuSign MArr STUTZ mstutz@wcgrp.com Principal Security Level: Email, Account Authentication(None) DocuSigned brI AatFSTUl? 1497487368914A2‘ Sent: 3/25/2022 9:46:05 AM Viewed: 3/25/2022 10:23:12 AM Signed: 3/25/2022 10:24:17 AM Signature Adoption: Pre-selected Style Signed by link sent to mstutz@wcgrp.com Using IP Address: 47.44.8.162 Electronic Record and Signature Disclosure: Signer Events Signature Accepted: 3/31/2021 1:28:50 PMID: 3ec4431a-7132z1149-9c90-aldOe8ad671 1 Timestamp Brian Boerner brian.boerner@cityofdenton.com Director of Solid Waste Security Level: Email, Account Authentication(None) •DwuSlgnod by: IhiahhLnLLr .DCD14331B89A4A9. Sent: 3/25/2022 10:24:19 AM Viewed: 3/25/2022 10:26:10 AM Signed: 3/25/2022 10:26:44 AM Signature Adoption: Pre-selected Style Signed by link sent to brian.boerner@cityofdenton.com Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure: Accepted: 3/25/2022 10:26:10 AMID: c7b730ce-de80435a-a821-ad6e200e2efb Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication (None) Completed Sent: 3/25/2022 10:26:47 AM Viewed: 4/20/2022 8:35:42 AM Signed: 4/20/2022 8:36:06 AMSigned by link sent to cheyenne.defee@cityofdenton.com Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure:Not Offered via DocuSign Sara Hensley sara.hensley@cityofdenton.com City Manager City of Denton Security Level: Email, Account Authentication (None) Sent: 4/20/2022 8:36:09 AM Viewed: 4/20/2022 8:44:49 AM Signed: 4/20/2022 8:44:53 AM Signature Adoption: Pre-selected Style Signed by link sent to sara.hensley@cityofdenton.com Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure: Not Offered via DocuSign Rosa Rios rosa.rios@cityofdenton.com City Secretary Security Level: Email, Account Authentication(None) 'DocuSlgned by:I R+++ R&% IC5CA8C5EI 75493. Sent: 4/20/2022 8:44:57 AM Viewed: 4/20/2022 11 :40:44 AM Signed: 4/20/2022 11 :41 :02 AM Signature Adoption: Pre-selected Style Signed by link sent to rosa.rios@cityofdenton.com Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure:Accepted: 4/20/2022 1 1 :40:44 AMID: 35c8e7b2-2e30-420e-b733-06150aa9b69d In Person Signer Events Signature Status Timestamp Editor Delivery Events Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Status Timestamp Certified Delivery Events Timestamp Carbon Copy Events Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Status Timestamp Sent: 3/24/2022 9:00:48 AM Gretna Jones gretna.jones@cityofdenton.com Legal Secretary City of Denton Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Sent: 3/25/2022 10:26:47 AM Viewed: 3/28/2022 10:18:47 AM City Secretary Office citysecretary@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Sent: 4/20/2022 11 :41 :06 AM Ami Reeder ami .reeder@cityofdenton.com Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Accepted: 3/23/2022 12:26:49 PMID: 5b4cf63a-5822-404a-b12b-e5dOfcfecbbf Sent: 4/20/2022 11 :41 :07 AM Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Envelope Sent Certified Delivered Signing Complete Completed Status Timestamps 3/24/2022 8:58:34 AM 4/20/2022 1 1 :40:44 AM 4/20/2022 1 1 :41 :02 AM 4/20/2022 1 1 :41 :07 AM Hashed/Encrypted Security Checked Security Checked Security Checked 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: MATT STUTZ, Brian Boerner, Rosa Rios, Ami Reeder 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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