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22-1104ORDINANCE NO. 22-1104 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPALCORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONALSERVICES AGREEMENT WITH BIGGS AND MATHEWS ENVIRONMENTAL, INC., FORTHE SCALE FACILITY AND ROADWAY IMPROVEMENTS AT THE CITY OF DENTONLANDFILL FOR THE SOLID WASTE AND RECYCLING DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFQ7109-025 – PROFESSIONAL SERVICES AGREEMENT FOR DESIGN SERVICES AWARDED TO BIGGS AND MATHEWS ENVIRONMENTAL, INC., IN THE NOT-TO-EXCEED AMOUNT OF $160,000.00). WHEREAS, on October 8, 2019, the City Council approved a pre-qualified professional and engineer list (Ordinance 19-2305); and WHEREAS, the professional services provider (the “Provider) mentioned in this ordinance is being selected as the most highly qualified on the basis of its demonstrated competence and qualifications to perform the proposed professional services; and WHEREAS, the fees under the proposed 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 ORDA INS: SECTION 1. The City Manager, or their designee, is hereby authorized to enter into an agreement with Biggs and Mathews Environmental, Inc., for the Scale Facility and Roadway Improvements at the City of Denton Landfill for the Solid Waste and Recycling Department, a copy of which is attached hereto and incorporated by reference herein. 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 hereby 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, Texas, or their designee. SECTION 4. The findings in the preamble of this ordinance are incorporated herein byreference. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by a Car\ b, and seconded by !3rwdDy1 Chap Mee . This ordinance was passed and approved by the following vote [1 - a: Aye Nay Abstain Absent Mayor Gerard Hudspeth:Vicki Byrd, District 1 :Brian Beck. District 2:Jesse Davis. District 3 : Alison Maguire, District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: +// JdW 1/ P/ b/ 1/ PASSED AND APPROVED this the Wday of 2022 PETII. Mm ATTEST: ROSA RIOS, CITY SECRETARY b\\111111111 APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Digitally signed by MarcellaLunn DN: cn=Marcella Lunn, o, IN\\fl ::=i3rErPSr:Fun£n@dvofde–––nton.eaRI, atJ£–––––-– Date: 2022.05.16 13:08:1 7 -05'OO' ABY:HaMIIL DocuSign Envelope ID: E8A55805-2COB494F-987A-1 F9C5E22CA99 DENTON Docusign City Council Transmittal Coversheet 7109-025RFQ File Name I SCALE FACILITY AND ROADWAY IMPROVEMENTS P,rchasi,gContact c'Y;t;1 w';tb'"k City C,,„iIT„g,tD,t, JUNE 7 ’ 2022 Piggy Back Option Contract Expiration Ordinance Not Applicab1 e N/A 22 -1104 DocuSign Envelope ID: E8A55805-2COB494F-987A-1 F9C5E22CA99 CITY OF DENTON, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONALSERVICES This AGREEMENT is between the City of Denton, a Texas home-rule municipality("CITY"), and Biggs and Mathews Environmental Inc., with its corporate office at 1700Robert Road, Suite 100, Mansfield, Texas 76063 and authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: Scale Facility and RoadwayImprovements (the "PROJECT"). SECTION 1 Scope of Services A. The CITY hereby agrees to retain the ENGINEER, and the ENGINEER hereby agreesto perform, professional engineering services set forth in the Scope of Servicesattached hereto as Attachment A. These services shall be performed in connectionwith the PROJECT. B. Additional services, if any, will be requested in writing by the CITY. CITY shall notpay for any work performed by ENGINEER or its consultants, subcontractors and/or suppliers that has not been ordered in advance and in writing. It is specificallyagreed that ENGINEER shall not be compensated for any additional work resultingfrom oral orders of any person. SECTION 2 Compensation and Term of Agreement A. The ENGINEER shall be compensated for all services provided pursuant to thisAGREEMENT in an amount not to exceed $160,000.00 in the manner and inaccordance with the fee schedule as set forth in Attachment A. Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment A. B. Unless otherwise terminated pursuant to Section 6. D. herein, this AGREEMENT shall be for a term beginning upon the effective date, as described below, and shall continuefor a period which may reasonably be required for the completion of the PROJECT, until the expiration of the funds, or completion of the PROJECT and acceptance by the CITY, whichever occurs first. ENGINEER shall proceed diligently with the PROJECT to completion as described in the PROJECT schedule as set forth in Attachment A. SECTION 3 Terms of Payment Payments to the ENGINEER will be made as follows: City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22 Page 1 of 18 DocuSign Envelope ID: E8A55805-2COB494F-987A-IF9C5E22CA99 A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation, including but notlimited to meeting the requirements set forth in the PROJECT schedule as set forth in Attachment A to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under thisAGREEMENT. Invoices for the uncontested performance of the particularservices are due and payable within 30 days of receipt by City. (3) Upon completion of services enumerated in Section 1, the final payment of anybalance for the uncontested performance of the services will be due within 30 days of receipt of the final invoice. (4) in the event of a disputed or contested billing, only that portion so contested willbe withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) if the CITY fails to make payment in full to ENGINEER for billings contested ingood faith within 60 days of the amount due, the ENGINEER may, after giving 7days' written notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of suspension of services, the ENGINEER shall haveno liability to CITY for delays or damages caused the CITY because of suchsuspension of services. SECTION 4 Obligations of the Engineer A. General The ENGINEER will serve as the CITY's professional engineering representative underthis AGREEMENT, providing professional engineering consultation and advice andfurnishing customary services incidental thereto. B. Standard of Care The ENGINEER shall perform its services: (1) with the professional skill and care ordinarily provided by competent engineers practicing in the same or similar locality and under the same or similarcircumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22 Page 2 of 18 DocuSign Envelope ID: E8A55805-2COBdj94F-987A-IF9C5E22CA99 C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity forsubcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to beperformed hereunder. The ENGINEER shall also advise the CITY concerningthe results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) in soils, foundation, groundwater, and other subsurface investigations, theactual characteristics may vary significantly between successive test points andsample intervals and at locations other than where observations, exploration,and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions mayoccur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of theENGINEER. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in anymanner it desires; provided, however, that the ENGINEER shall not be liable for the use ofsuch drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER orits personnel in any way responsible for those duties that belong to the CITYand/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, andresponsibilities, including, but not limited to, all construction methods, means,techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with theAGREEMENT Documents and any health or safety precautions required bysuch construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth inAttachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22 Page 3 of 1 8 DocuSign Envelope ID: E8A55805-2COB494F-987A-1 F9C5E22CA99 the work on the PROJECT is being performed in a manner indicating that thePROJECT, when completed, will be in accordance with the AGREEMENTDocuments, nor shall anything in the AGREEMENT Documents or this AGREEMENT between CITY and ENGINEER be construed as requiringENGINEER to make exhaustive or continuous on-site inspections to discoverlatent defects in the work or otherwise check the quality or quantity of the workon the PROJECT. If the ENGINEER makes on-site observation(s) of adeviation from the AGREEMENT Documents, the ENGINEER shall inform theCITY (3) When professional certification of performance or characteristics of materials,systems or equipment is reasonably required to perform the services set forth inthe Scope of Services, the ENGINEER shall be entitled to rely upon suchcertification to establish materials, systems or equipment and performancecriteria to be required in the AGREEMENT Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the currentavailable information at the time of preparation, in accordance withAttachment A. (2) in providing opinions of cost, financial analyses, economic feasibility projections,and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipmentor structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; bme or quality of performance by third parties; quality, type, management, or direction of operating personnel; andother economic and operational factors that may materially affect the ultimatePROJECT cost or schedule. Therefore, the ENGINEER makes no warrantythat the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections,or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge,information, and belief from selective sampling and observation that the work hasprogressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain thatthe construction contractor has completed the work in exact accordance with the AGREEMENT Documents; that the final work will be acceptable in all respects; that theENGINEER has made an examination to ascertain how or for what purpose theconstruction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22 Page 4 of 18 DocuSign Envelope ID: E8A55805-2COB494F-987A-1 F9C5E22CA99 encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid . H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiledand furnished by others, and may not always represent the exact location, type of variouscomponents, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this AGREEMENT, have access to and the right toexamine and photocopy any directly pertinent books, documents, papers andrecords of the ENGINEER involving transactions relating to this AGREEMENT. ENGINEER agrees that the CITY shall have access during normal workinghours to all necessary ENGINEER facilities and shall be provided adequate andappropriate work space in order to conduct audits in compliance with theprovisions of this section. The CITY shall give ENGINEER reasonable advancenotice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITYshall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy anydirectly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall beprovided adequate and appropriate work space, in order to conduct audits incompliance with the provisions of this section together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intendedaudits (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the costof copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22 Page 5 of 1 8 DocuSign Envelope ID: E8A55805-2COB2194F-987A-1 F9C5E22CA99 J. INSURANCE (1) ENGINEER’S INSURANCE a.Commercial General Liability – the ENGINEER shall maintaincommercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per eachoccurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall applyseparately to this PROJECT or location. 1.The CITY shall be included as an additional insured with all rightsof defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, andunder the commercial umbrella, if any. This insurance shall applyas primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. The CommercialGeneral Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations,products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless the CITY specifically approves such exclusions in writing. 11.ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to theextent these damages are covered by the commercial generalliability or commercial umbrella liability insurance maintained inaccordance with this AGREEMENT. b.Business Auto – the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit ofnot less than $1,000,000 each accident. Such insurance shall cover liability arising out of “any auto”, including owned, hired, and non-ownedautos, when said vehicle is used in the course of the PROJECT. If theengineer owns no vehicles, coverage for hired or non-owned is acceptable. 1.ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to theextent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEERpursuant to this AGREEMENT or under any applicable auto physical damage coverage. c. Workers’ Compensation – ENGINEER shall compensation and employers liability insurance City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22Page 6 of 1 8 maintain workers and, if necessary, DocuSign Envelope ID: E8A55805-2COB494F-987A-1 F9C5E22CA99 commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. i.ENGINEER waives all rights against the CITY and its agents,officers, directors and employees for recovery of damages to theextent these damages are covered by workers compensation and employer’s liability or commercial umbrella insurance obtained byENGINEER pursuant to this AGREEMENT. d.Professional Liability – ENGINEER shall maintain professional liability, a claims-made policy, with a minimum of $1,000,000.00 per claim andaggregate. The policy shall contain a retroactive date prior to the date of the AGREEMENT or the first date of services to be performed,whichever is earlier. Coverage shall be maintained for a period of 5 yearsfollowing the completion of the AGREEMENT. An annual certificate of insurance specifically referencing this PROJECT shall be submitted tothe CITY for each year following completion of the AGREEMENT. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained allrequired insurance shall be attached to this AGREEMENT prior to itsexecution . b.Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, subject to any defense provided by the policy, as itsinterests may appear. The term CITY shall include its employees,officers, officials, agents, and volunteers as respects the contractedservIces. c. Certificate(s) of insurance shall document that insurance coveragespecified in this AGREEMENT are provided under applicable policiesdocumented thereon. d. Any failure on part of the CITY to attach the required insurancedocumentation hereto shall not constitute a waiver of the insurance requirements. e.A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall beacceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Denton, 901Texas Street, Denton, Texas 76209. f. Insurers for all policies must be authorized to do business in the State of City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22 Page 7 of 18 DocuSign Envelope ID: E8A55805-2COB494F-987A-IF9C5E22CA99 Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strengthand solvency to the satisfaction of Risk Management. g.Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval bythe CITY in writing, if coverage is not provided on a first-dollar basis. TheCITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicatedfinancial resources or letters of credit may also be acceptable to theCITY h. Applicable policies shall each be endorsed with a waiver of subrogationin favor of the CITY as respects the PROJECT. 1.The CITY shall be entitled, upon its request and without incurringexpense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER maybe required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on aclaims-made basis, shall contain a retroactive date coincident with or prior to the date of the AGREEMENT. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k.Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification orchanges from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained afterfinal payments. 1.The CITY shall not be responsible for the direct payment of anyinsurance premiums required by this AGREEMENT. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. Whensub consultants/subcontractors maintain insurance coverage,ENGINEER shall provide CITY with documentation thereof on acertificate of insurance. K. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. The doctrine of respondeat superiorshall not apply. City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22Page 8 of 18 DocuSign Envelope ID: E8A55805-2COB494F-987A-1 F9C5E22CA99 L. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing ofany existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it willmake disclosure in writing of any conflicts of interest that develop subsequent to thesigning of this AGREEMENT and prior to final payment under the AGREEMENT. M. Asbestos or Hazardous Substances (1) if asbestos or hazardous substances in any form are encountered or suspected,the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) if asbestos or other hazardous substances are suspected, the CITY mayrequest the ENGINEER to assist in obtaining the services of a qualifiedsubcontractor to manage the remediation activities of the PROJECT. N. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published designcriteria and/or current engineering practice standards which the ENGINEER should havebeen aware of at the time this AGREEMENT was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published designcriteria and/or practice standards criteria which are published after the date of thisAGREEMENT which the ENGINEER could not have been reasonably aware of, theENGINEER shall notify the CITY of such changes and an adjustment in compensation willbe made through an amendment to this AGREEMENT. O. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed perAttachment A to this AGREEMENT. P. Equal Opportunity (1) Equal Employment Opportunity: ENGINEER and ENGINEER’s agentsshall engage in any discriminatory employment practice. No person shall, onthe grounds of race, sex, sexual orientation, age, disability, creed, color, genetic testing, or national origin, be refused the benefits of, or be otherwise subjectedto discrimination under any activities resulting from this AGREEMENT. (2) Americans with Disabilities Act (ADA) Compliance: ENGINEER and City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22 Page 9 of 1 8 DocuSign Envelope ID: E8A55805-2COBz194F-987A-1 F9C5E22CA99 ENGINEER’s agents shall not engage in any discriminatory employmentpractice against individuals with disabilities as defined in the ADA. SECTION 5 Obligations of the City A. City-Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for theENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of theCITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federalauthorities; and land, easements, rights-of-way, and access necessary for theENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurancecounselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timelymanner in accordance with the PROJECT schedule prepared in accordance withAttachment A. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER'sservices or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22 Page 10 of 18 DocuSign Envelope ID: E8A55805-2COB2194F-987A-1 F9C5E22CA99 (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containingmaterials, or conditions, and that ENGINEER had no prior role in thegeneration, treatment, storage, or disposition of such materials. Inconsideration of the associated risks that may give rise to claims by thirdparties or employees of City, City hereby releases ENGINEER from anydamage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, releaseor escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER’s negligence or if ENGINEER brings such hazardous substance,contaminant or asbestos onto the PROJECT. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing forcontractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts withconstruction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain nodirect action against the ENGINEER, its officers, employees, andsubcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITYwill be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITYand the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity orperson regarding the PROJECT a provision that such entity or person shallhave no third-party beneficiary rights under this AGREEMENT. (4) Nothing contained in this Section H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structuresassociated with the PROJECT. City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22 Page 11 of 18 DocuSign Envelope ID: E8A55805-2COB494F-987A-1 F9C5E220A99 (2) The CITY may secure Builders Risk/Installation insurance at the replacementcost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requestedassistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, thisAGREEMENT shall be amended or a separate agreement will be negotiated between the parties K. Changes The CITY may make or approve changes within the general Scope of Services in thisAGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendmentto this AGREEMENT with appropriate CITY approval. SECTION 6 General Legal Provisions A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of awritten Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for thisPROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments ofservice without the written permission of the ENGINEER will be at the CITY's sole risk.The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts ofGod, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER’s performance of its obligations hereunder. D. Termination City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22Page 12 of 18 DocuSign Envelope ID: E8A55805-2COBdj94F-987A-1 F9C5E22CA99 (1) This AGREEMENT may be terminated: a. by the City for its convenience upon 30 days' written notice toENGINEER. b.by either the CITY or the ENGINEER for cause if either party failssubstantially to perform through no fault of the other and thenonperforming party does not commence correction of such nonperformance within 5 days’ written notice or thereafter fails todiligently complete the correction. (2) if this AGREEMENT is terminated for the convenience of the City, theENGINEER will be paid for termination expenses as follows: a. Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b. Out-of-pocket expenses for purchasing electronic data files and otherdata storage supplies or services; c. The time requirements for the ENGINEER'S personnel to document thework underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to theCITY an itemized statement of all termination expenses. The CITY'S approvalwill be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for theconvenience of the CITY. In the event of such suspension, delay, or interruption, anequitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will bemade F. Indemnification IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTION 271.904,THE ENGINEER SHALL INDEMNIFY OR HOLD HARMLESS THE CITY AGAINSTLIABILITY FOR ANY DAMAGE COMMiTrED BY THE ENGINEER OR ENGINEER’S AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICHTHE ENGINEER EXERCISES CONTROL TO THE EXTENT THAT THE DAMAGE ISCAUSED BY OR RESULTING FROM AN ACT OF NEGLIGENCE, INTENTIONALTORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY ASUBCONTRACTOR OR SUPPLIER. CITY IS ENTITLED TO RECOVER ITS City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22 Page 13 of 18 DocuSign Envelope ID: E8A55805-2COB494F-987A-IF9C5E22CA99 REASONABLE ATrORNEY’S FEES IN PROPORTION TO THE ENGINEER’SLIABILITY. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior writtenconsent of the other party. H. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, itsinterpretation and performance, and any other claims related to it. The venue for anylitigation related to this AGREEMENT shall be Denton County, Texas. I. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceabilitywill not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Sections 5.F., 6.B., 6.D., 6.F., 6.H., and 6.1. shall survive termination of this AGREEMENT for any cause. J. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodieshaving jurisdiction or authority for such enactment. No plea of misunderstanding orignorance thereof shall be considered. ENGINEER AGREES TO DEFEND, INDEMNIFYAND HOLD HARMLESS CITY AND ALL OF ITS OFFICERS, AGENTS ANDEMPLOYEES FROM AND AGAINST ALL CLAIMS OR LIABILITY ARISING OUT OFTHE VIOLATION OF ANY SUCH ORDER, LAW, ORDINANCE, OR REGULATION,WHETHER IT BE BY ITSELF OR ITS EMPLOYEES. K. Immigration Nationality Act ENGINEER shall verify the identity and employment eligibility of its employees whoperform work under this AGREEMENT, including completing the Employment EligibilityVerification Form (1-9). Upon request by CITY, ENGINEER shall provide CITY withcopies of all 1-9 forms and supporting eligibility documentation for each employee whoperforms work under this AGREEMENT. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to performsuch services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITy HARMLESSFROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22 Page 14 of 18 DocuSign Envelope ID: E8A55805-2COBJj94F-987A-1 F9C5E22CA99 PARAGRAPH BY ENGINEER, ENGINEER’S EMPLOYEES, SUBCONTRACTORS,AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the right to immediately terminate this AGREEMENT for violations of this provision byENGINEER L. Prohibition On Contracts With Companies Boycotting Israel Engineer acknowledges that in accordance with Chapter 2271 of the Texas Government Code, City is prohibited from entering into a contract with a company forgoods 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 thecontract. 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 thisagreement, Engineer certifies that Engineer’s signature provides written verification to the City that Engineer: (1) does not boycott Israel; and (2) will notboycott Israel during the term of the agreement. Failure to meet or maintain the requirements under this provision will be considered a material breach. M. Prohibition On Contracts With Companies Doing Business with Iran, Sudan, or a Foreign Terrorist Organization Sections 2252 and 2270 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, Engineer certifies that Engineer’s signature provideswritten verification to the City that Engineer, pursuant to Chapters 2252 and 2270,is not ineligible to enter into this agreement and will not become ineligible toreceive payments under this agreement by doing business with Iran, Sudan, or aforeIgn terrorist organIzatIon. Failure to meet or maintain the requirements under this provision will be considered a material breach. N. Prohibition on Contracts with Companies Boycotting Certain EnergyCompanies Engineer acknowledges that in accordance with Chapter 2274 of the Texas Government Code, City is prohibited from entering into a contract with a company forgoods or services unless the contract contains written verification from the companythat it (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms “boycott energy company” and“company” shall have the meanings ascribed to those terms in Section 809.001 of theTexas Government Code . By signing this agreement, Engineer certifies thatEngineer’s signature provides written verification to the City that Engineer: (1)does not boycott energy companies; and (2) will not boycott energy companiesduring the term of the agreement, Failure to meet or maintain the requirementsunder this provision will be considered a material breach. City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22 Page 15 of 18 DocuSign Envelope ID: E8A55805-2COBzt94F-987A-IF9C5E22CA99 O. Prohibition on Contracts with Companies Boycotting Certain Firearm Entitiesand Firearm Trade Associations Engineer acknowledges that in accordance with Chapter 2274 of the Texas Government Code, City is prohibited from entering into a contract with a company forgoods or services unless the contract contains written verification from the company that it (1 ) does not have a practice, policy, guidance, or directive that discriminatesagainst a firearm entity or firearm trade association; and (2) will not discriminate duringthe term of the contract against a firearm entity or firearm trade association. The terms “discriminate against a firearm entity or firearm trade association,” “firearm entity” and“firearm trade association” shall have the meanings ascribed to those terms in Chapter 2274 of the Texas Government Code. By signing this agreement, Engineer certifiesthat Engineer’s signature provides written verification to the City that Engineer:(1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminateduring the term of the contract against a firearm entity or firearm trade association. Failure to meet or maintain the requirements under this provision will beconsidered a material breach. P. Termination Right for Contracts with Companies Doing Business with CertainForeign-Owned Companies The City of Denton may terminate this Contract immediately without any further liabilityif the City of Denton determines, in its sole judgment, that this Contract meets therequirements under Chapter 2274, and Engineer is, or will be in the future, (i) owned byor the majority of stock or other ownership interest of the company is held or controlled by individuals who are citizens of China, Iran, North Korea, Russia, or other designatedcountry (ii) directly controlled by the Government of China, Iran, North Korea, Russia, orother designated country, or (iii) is headquartered in China, Iran, North Korea, Russia,or other designated country. Q. 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 performanceof 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 theCity Charter chapter 2 article XI(Ethics). Any willful violation of this section shallconstitute 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 theContract voidable by the City. The Contractor shall complete and submit the City’sConflict of Interest Questionnaire. R. Agreement Documents City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22 Page 16 of 18 DocuSign Envelope ID: E8A55805-2COB2194F-987A-1 F9C5E22CA99 This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only bechanged by a written amendment executed by both parties. This AGREEMENT may beexecuted in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and thesame instrument. The following attachments and schedules are hereby made a part ofthis AGREEMENT: Attachment A - Scope of Services, Compensation, Project Schedule and Location Map These documents make up the AGREEMENT documents and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency or conflict inany of the provisions of the AGREEMENT documents, the inconsistency or conflict shall be resolved by giving precedence first to the written AGREEMENT then to theAGREEMENT documents in the order in which they are listed above. 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. Duly executed by each party’s designated representative to be effective on BY:CITY OF DENTON, TEXAS Sara Hensley, City Manager DocuSlgned by: I SMA A%oZ% '5236DB296270423.-. Authorized Agent BY:ENGINEER BIGGS AND MATHEWS ENVIRONMENTAL, INC. Adams DocuSigned by: Name: GregorY Adams Title. Pri nc1 pa1 Date. 5/2/2022 ATTEST: ROSA RIOS, CITY SECRETARY RmxRlaIBY: City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22 Page 17 of 18 DocuSign Envelope ID: E8A55805-2COB494F-987A-1 F9C5E22CA99 THIS AGREEMENT HAS BEENBOTH REVIEWED AND APPROVED as to financial and operational APPROVED AS TO LEGAL FORM:MACK REINWAND, CITY ATTORNEY usiness terms Sign;iLr£ DIrector of solid Waste Title Solid waste and Recyc1 ing Department Date Signed: 5/3/2022 City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22Page 18 of 18 DocuSign Envelope ID: E8A5580&2COB494F-987A-1 F9C5E22CA99 ATTACHMENT A SCOPE OF SERVICES City of Denton Landfill Scale Facility and Roadway Improvements Design and Construction Phase Services City of Denton March 17, 2022 BIGGS & MATHEWS ENVIRONMENTAL, INC.1700 Robert Road, Suite 100 $ Mansfield, Texas 76063 +:+ Tel: 817H563Wl144 www.biggsandmathews.comTBPE No, F-256 $ TBPG No, 50222 DocuSign Envelope ID: E8A55805-2COB-+94F-987A-1 F9C5E22CA99 1 SCOPE OF SERVICES Introduction The City of Denton owns and operates the City of Denton Landfill, which is a Type IMunicipal Solid Waste Disposal Facility that is located in Denton, Texas. The City currentlyoffers solid waste disposal, recycling, yard waste and brush composting and, homechemical collection to residential and commercial clients. With all of these services comes the inevitable logistical and safety concerns for both clients and site personnel. The Cityseeks to improve site access, scale wait times, traffic flow and safety by upgrading the existing scale facilities and site roads. That is why the City has requested that Biggs &Mathews Environmental, Inc. (BME) submit this proposal to provide professional servicesfor improvements to the scale facility and site roads. Qualifications We are well qualified to provide these professional engineering services. Since 1999, we haveprovided permitting, design, construction phase engineering services, construction qualityassurance services, environmental services, landfill planning and landfill gas services formunicipal solid waste management facilities. Our clients include both municipalities andprivate waste companies. • Our senior professional staff has served as engineer of record and geologist of record on over 30 successfully permitted landfill appjications, including several greenfield permitapplications. •Our firm has provided professional engineering design, construction contract documents, construction management, and construction quality assurance services atover 30 municipal solid waste facilities. We have managed over $400 million in capitalimprovements including landfill liners, final covers, gas systems, site roads,maintenance facilities, scale facilities, truck washes, and transfer stations. • We are currently providing professional services for the construction of the new Public Disposal Facility at the City of Denton Landfill. We have the skills, experience and resources required to provide the professional andtechnical support necessary to ensure the successful completion of the projects required bythe City Project Understanding All incoming residential and commercial traffic enters the site from Mayhill Road and proceeds to either the home chemical collection facility or the scale facility. Commercialtraffic is diverted onto a one-way road to the scale facility while residential traffic proceedsto the scale facility or chemical collection facility on a parallel two-way road that also serves as the site exit road for all traffic. Incoming traffic passes over the inbound scales and thenproceeds to either the landfill, public disposal and recycling facility or brush and yard waste composting facility. Outgoing traffic passes over the outbound scale or through a bypass Biggs & Mathews Environmental 1O:\City Of Denton\Denton Lf\Solid Waste\Entrance Facilities\Scale And Road Proposal.Docx City of DentonApril 4, 2022 DocuSign Envelope ID: E8A55805-2COBJt94F-987A-1 F9C5E22CA99 lane then on to the exit road. The traffic volume averages about 425 vehicles per day andthe landfill receives over 1,600 tons of waste per day. Naturally, this high volume resultsin periodic traffic congestion at the scale facility and road intersections. The scale facility has three inbound and two outbound scales. All of the scales are pitscales with the scale decks at the same grade as the adjacent pavement. While this configuration provides a smooth transition from the scale to the surrounding pavement, it does have some disadvantages. Access to the pit and load cells is provided throughmanholes in the scale decks, consequently the pits are considered to be confined spaces.Methane can accumulate in the pits so they must be continually monitored. Dirt and debris must be regularly cleaned from the pits, which is very labor intensive. The City is looking alleviate traffic safety concerns and minimize traffic congestion byreconfiguring the scales, roads, and intersections. Specifically, the City would like toeliminate the confined space beneath the scales, improve traffic flow, minimize trafficcrossover, and upgrade the scale client interface. Additionally, access must be providedto each of the landfill operations and vehicles must be weighed during the constructionprocess Project Scope Task 1 Preliminary Design This phase of the project will include: • • • Collecting data, identifying the design criteria, and performing a topographicsuIvey. Coordination with the City staff to discuss the design criteria and evaluate the options. Developing cost estimates for the preliminary layout. BME will present the preliminary design to the City in a Preliminary Design Report that willinclude: • • • • • A list of the selected improvements. A list of the design parameters. The preliminary layout plans.The preliminary cost estimate. The design and construction schedule. Task 2 Final Design This task provides the final design of the improvements presented in the Preliminary Design Report. The scope of the final design will depend upon the decisions that are madeduring the preliminary design, but it may include any or all of the following items. • Facility Layout - Vertical and horizontal control will be based on existing control.The facility layout will include the location of pavement, pads, drainagestructures, grade separation structures, utilities, and lighting. • Site Grading - The site grading will be designed to provide adequate access toand positive drainage from all of the site facilities. Biggs & Mathews Environmental 2O:\City Of Denton\Denton Lf\Solid Waste\Entrance Facilities\Scale And Road Proposal.Docx City of DentonApril 4, 2022 DocuSign Envelope ID: E8A55805-2COB-+94F-987A-1 F9C5E22CA99 • • • • • Geotechnical Study – A geotechnical study may be required to develop thedesign parameters for retaining walls, foundations, and pavements. Structures - Structural designs will be required for retaining walls, foundations,pavements, and equipment supports. Utilities – Utility service relocation may be required. Traffic Control, Security and Safety – Signage, pavement markings, barricades,bollards, fencing may be designed to provide traffic control, security, and safety. Equipment – New scales, management system hardware, and remote kiosk maybe provided for the scale. BME will prepare bid packages that include construction drawings, specifications, andcontract documents. Current copies of the standard procurement documents will beprovided by the City. The construction drawings and specifications will provide a level of detail suitable for bidding and constructing the project. Task 3 Bid and Award Services BME will assist the City during the bidding and award phase of the project. This includesattending the prebid conference, responding to questions from potential bidders, reviewingbid packages, and assisting the City with bid evaluations and awards. Task 4 Construction Management BME will provide construction management services throughout the duration of the project.Construction management services include providing a construction manager, construction phase engineering, construction management, and contract administration. Our scope ofservices assumes that the construction manager will be onsite one day a week for theduration of the project. Construction phase engineering services will include: • Coordination with the City •Review and approval of contractors’ submittals •Responding to contractor’s requests for information •Review of requests for modifications and providing recommendations to the City • Field observations to verify that the construction is in substantial accordance with the project plans and specifications •Revisions to construction drawings, if necessary Construction management services will include: •Site visits to observe construction activity and progress • Coordination with the contractors • Review and approval of schedules • Schedule CQA field work and surveys Biggs & Mathews Environmental 3 O:\City Of Denton\Denton Lf\Solid Waste\Entrance Facilities\Scale And Road Proposal.Docx City of DentonApril 4, 2022 DocuSign Envelope ID: E8A55805.2COB=194F-987A-IF9C5E22CA99 Contract administration services will include: • • • • • Review and verification of contractor’s pay requests Reconciliation of quantities Issuance of change orders and field orders Preparation of a punch list for work to be completed for substantial completion Completion of the final walk-through with the City to verify work that is completed Task 5 Construction Quality Assurance Services BME will provide construction quality assurance (CQA) and record surveying services forall phases of the construction. CQA services include observation and monitoring, fieldtesting, laboratory testing, management of quality assurance activities and preparation ofreports Task 6 Final Construction Report Upon completion of the project, BME will prepare a Final Construction Report. The FinalConstruction Report will include: • Record drawings • Construction Quality Assurance tests results and field reports • Material submittals • Operation and Maintenance manuals 2 PROJECT SCHEDULE We are prepared to begin work on this project within 3 weeks of notice to proceed. Weanticipate that the preliminary design will take about 4 months, the final design will take about 4 months, the bid and award phase will take about 3 months and that constructionwill take about 12 months. 3 PROJECT BUDGET The actual cost for this project will depend upon the final design. Since that will not beknown until the first task has been completed, we have assumed that the value of the construction project will be between $1,000,000 and $1,500,000. A budget summary forthe described scope of services for a project of the assumed value is presented below. Summary of Estimated Costs Biggs & Mathews Environmental 4O:\City Of Denton\Denton Lf\Solid Waste\Entrance Facilities\Scale And Road Proposal.Docx City of DentonApril 4, 2022 DocuSign Envelope ID: E8A55805-2COB-+94F-987A-1 F9C5E22CA99 TASK COST T=mninary Design Task 2 Final Design Task 3 Bid and Award Services Task 4 Construction Management Quality Assurance ServicesTask 5 Task 6 Final Construction Report Total Estimated Cost: Sg,000,00 $40,000.00M$ $42,500,00 $160,000.00 Services that are beyond those described in this proposal and are authorized by the City will be billed at the rates provided on the following Schedule of Charges. Biggs & Mathews Environmental 5O :\City Of Denton\Denton Lf\Solid Waste\Entrance Facilities\Scale And Road Proposal.Docx City of Denton April 4, 2022 DocuSign Envelope ID: E8A55805-2COB494F-987A-1 F9C5E22CA99 BIGGS & MATHEWS ENVIRONMENTAL, INC. SCHEDULE OF CHARGES 2022 PERSONNEL CHARGES Category Administrative/Project Assistant Sr. Administrative/Project Assistant Designer/Technician/Field ServicesTechnician Sr. Designer/Sr. Technician/Sr. Field Services Technician Engineer/Scientist Project Engineer/Scientist Senior Project Engineer/Scientist Principal Engineer/Scientist Billing Rate Range$ Per Hour 50 – 80 65 – 100 60 – 100 75 80 95 120 140 110 120 140 170 200 A multiplier of 1 .15 will be applied to all direct expenses. Depositions and expert witness testimony, including preparation time, will be billed at 1 .5times the above hourly rates. Biggs & Mathews Environmental A-1 O:\City Of Denton\Denton Lf\Solid Waste\Entrance Facilities\Scale And Road Proposal.Docx City of DentonApril 4, 2022 DocuSign Envelope ID: E8A55805-2COB-+94F-987A-1 F9C5E22CA99 OUTSIDE SERVICES Charges for special outside services, equipment, and facilities not furnished by Biggs and Mathews will be billed at cost plus 15%. Such charges may include, but shall not belimited to the following services: Printing and photographic reproductionRented vehicles Transportation on public carriersSubconsultants Special fees, permits, insurance, etc. Rental and operation of drilling equipment Rented field equipmentShipping chargesMeals and lodgingConsumable materials COMMUNICATIONS The cost of communications including telephone charges, facsimile, express mail,postage, and routine copying costs will be charged at a flat rate of 3% of total grosslabor charges. DIRECT CHARGES Reproduction – black and white, per 8.5x1 1 ” sheet (non-routine)Reproduction – color, per 8.5x1 1 ” sheetReproduction – per 22x34” sheetAuto/Truck per mile AutofTruck per dayStorage of samples per month per container*Disposal per container*Survey Equipment per day $ 0.10 $ 1.00 $ 3.00§ 1.00$100.00$ 5.00 $ 50.00$ 250.00 *A container is defined as a standard core box, a capped Shelby tube, or a sealed five- gallon bucket. SUPPLEMENTAL SCHEDULES OF CHARGES (Schedules available upon request) • Soils Laboratory • Chemical Laboratory • Chargeable Equipment Schedule Rate ChangesSchedule of Charges and Standard Equipment Rates are subject to change withoutnotice. Payment Monthly invoices are to be paid within 30 days from invoice date. Interest on latepayments will be charged at a rate of 1 8% per annum. Biggs & Mathews Environmental A-2 O:\City Of Denton\Denton Lf\Solid Waste\Entrance Facilities\Scale And Road Proposal.Docx City of DentonApril 4, 2022 DocuSign Envelope ID: E8A55805-2COBdj94F-987A-1 F9C5E22C/b9T9A CONFLICT OF INTEREST QUESTIONNAIREFor 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 th 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 amisdemeanor.a W BIGGS AND MATHWES ENVIRONMENTAL INC. 2 n 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 7th business dayafter the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) d 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 Section 176.003(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 becompleted 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 government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?n „"H ,.. 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?[= 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 officeror director, or holds an ownership of one percent or more? D Yes a No D.Describe each employment or business and family relationship with the local government officer named in this section 4 5 Ld I have no Conflict of Interest to disclose. DocuSigned by: Gregory Adams S bUsiness with the governmental entity 5/2/2022 Date DocuSign Envelope ID: E8A55805-2COB494F-987A-IF9C5E22CA99 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG 176.htm. For easyreference, 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 of the 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 localgovernmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease ofgoods 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) Alocal govemment 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 52,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local govenrmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vaKk)c (B) has given to the local govemment omcer ora family member ofthe officer one or more gifts that have an aggregate value ofmore than $ 100 inthe 12-month periodpreceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local govemmental entity is considering entering into a contract with the vendor. Local Government Code q 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 of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with theaggregate 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 govemmental 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) submits to 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 3'd degree of affinity (marriage) or consanguirity (blood or adoption) City Official: for purpose of this article, the term consists of the Council Members, Department Heads, or member of the Board of Ethics, Planning and zoning Cornmission 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 rightaf-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 gift 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. ;orm provided by Texas Ethics Commission www.ethics.state.tx .us Revised 11/30/2015 [kx:uSign Certificate Of Completion Envelope Id: E8A558052COB494F987AI F9C5E22CA99 Subject: Please DocuSign: City Council Contract 71094)25 Scale Facility and Roadway Improvements Source Envelope: Status: Completed Document Pages: 29 Certificate Pages: 6 AutoNav: Enabled Signatures: 6 Initials: 1 Envelope Originator: Crystal Westbrook Envelopeld Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 901B Texas Street Denton, TX 76209 crystal.westbrook@cityofdenton.com IP Address: 198.49.140.104 Record Tracking Status: Original 4/29/2022 12:55:33 PM 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: 4/29/2022 1 :00:37 PM Viewed: 4/29/2022 1 :02:01 PM Signed: 4/29/2022 1:03:27 PM 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: 4/29/2022 1 :03:30 PM Viewed: 4/29/2022 2:10:35 PM Signed: 4/29/2022 2:11:17 PM Signature Adoption: Pre-selected Style Signed by link sent to lori.hewell@cityofdenton.com Using IP Address: 198.49.140.10 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) -DoeuSlgn•d bye IMarcLLhUhA. ,4B07a831B4AA438. Sent: 4/29/2022 2:11 :20 PM Viewed: 5/2/2022 2:28:47 PM Signed: 5/2/2022 2:34:25 PM Signature Adoption: Pre-selected Style Signed by link sent to marcella.lunn@cityofdenton.com Using IP Address: 47.24.6.135 Electronic Record and Signature Disclosure:Not Offered via DocuSign Gregory Adams gadams@biggsandmathews.com Principal Security Level: Email, Account Authentication(None) •DocuSign•d br I Gregory Adams193AE82FE1304F9. Sent: 5/2/2022 2:34:29 PM Viewed: 5/2/2022 4:31 :40 PM Signed: 5/2/2022 4:35:49 PM Signature Adoption: Pre-selected Style Signed by link sent to gadams@biggsandmathews.com Using IP Address: 97.94.222.146 Electronic Record and Signature Disclosure: Signer Events Signature Accepted: 5/2/2022 4:31 :40 PMID: b45096a0-334bJt73b-a8ac-f6537cb8343f Timestamp Brian Boerner brian.boerner@cityofdenton.com Director of Solid Waste Security Level: Email, Account Authentication(None) 'Docu81grnd by:IhiNLhLrhw .DCD14331B89A4A9 Sent: 5/2/2022 4:35:53 PM Viewed : 5/3/2022 7:18:35 AM Signed: 5/3/2022 7:22:50 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 : 5/3/2022 7:18:35 AMID: 5cfbdb94-662d-455e-ba37-e535clf323e7 Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication(None) Completed Sent: 5/3/2022 7:22:54 AM Viewed: 6/8/2022 8:30:05 AM Signed: 6/8/2022 8:30:14 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) 'DocuSign•d by: I h }/Oqq .5236DB298270423. Sent: 6/8/2022 8:30:17 AM Viewed: 6/8/2022 8:32:55 AM Signed: 6/8/2022 8:33:00 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) •DocuSlgn•d by:I RenRLel IC5CA8CSE 175493. Sent: 6/8/2022 8:33:03 AM Viewed: 6/9/2022 3:50:07 PM Signed: 6/9/2022 3:52:59 PM 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: 6/9/2022 3:50:07 PMID: b87131af-41f1 -4eea-8fb5-d7b04f712 140 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: 4/29/2022 1 :03:30 PM 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: 5/3/2022 7:22:54 AM Viewed: 5/4/2022 2:43:20 PM City Secretary Office citysecretary@cityofdenton.com Security Level: Email, Account Authentication(None) ElectronIc Record and Signature Disclosure:Not Offered via DocuSign Sent: 6/9/2022 3:53:02 PM Viewed: 6/9/2022 4:45:16 PM Arturo Garcia Arturo.Garcia@cityofdenton.com Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Accepted: 5/31/2022 3:46:59 PMID: eOfa6114-dOecJj84e-bOb4-3199c4507b88 Sent: 6/9/2022 3:53:03 PM Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps 4/29/2022 1:00:37 PM 6/9/2022 3:50:07 PM 6/9/2022 3:52:59 PM 6/9/2022 3:53:03 PM Envelope Sent Certified Delivered Hashed/Encrypted Security Checked Security Checked Security Checked ____J Signing Complete Completed 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: Gregory Adams, Brian Boerner, Rosa Rios, Arturo Garcia 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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