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22-1462ORDINANCE NO. 22-1462 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 ANDPARKHULL, SMITH & COOPER, NC., AMENDING THE CONTRACT APPROVED BY PURCHASING ON OCTOBER 23, 2020, N THE NOT-TO-EXCEED AMOUNT OF $43,490.00,S AED FERST AMENDMENT TO PROVIDE MOSELEY ROAD EROSION MAUqTENANCE FOR THE SOLD WASTE DEPARTMENT; PROVDnqG FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVDING AN EFFECTIVE DATE (RFQ 7109-013 – PROVIDDqG FORAN ADDITIONAL FIRST AMENDMENT EXPENDITURE AMOUNT NOT-TO-EXCEED $ 130,900.00, FOR A TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $174,390.00). WHEREAS, on October 23, 2020, Purchasing awarded a contract to Parkhill, Smith & Cooper, Inc. in the amount of $43,490.00, for Moseley Road Erosion Maintenance for the Solid Waste Department; and WHEREAS, this procurement was undertaken as part of the City’s governmental function; and WHEREAS, the additional fees under the proposed First Amendment are fair and reasonable and are consistent with, and not higher than, the recommended practices and fees applicable to the Provider’s profession, and such fees do not exceed the maximum provided by law; NOW,THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The First Amendment, increasing the amount of the contract between the City and Parkhill, Smith & Cooper, Inc., which is on file in the office of the Purchasing Agent, in the amount of One Hundred Thirty Thousand Nine Hundred and 0/ 100 ($ 130,900.00) Dollars, is hereby approved, and the expenditure of funds therefor is hereby authorized in accordance with said amendment which shall be effective upon the execution of the amendment attached hereto. The total contract amount increases to $174,390.00. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by BrIM hk and seconded by aeS% Lm iS . This ordinance was passed and approved bythe following vote U -L] : Aye t/ / Nay Abstain Absent Mayor Gerard Hudspeth:Vicki Byrd, District 1 :Brian Beck, District 2: Jesse Davis. District 3 : Alison Maguire, District 4:Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: 1/ \/ PASSED AND APPROVED thi, th, J h& d,y ,f Gaz f ATTEST: ROSA RIOS, CITY SECRETARY A\\tIll II/// ,_#’£,_Z£', APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Digitally signed by Marcella DN: cn=Marcella Lunn. o.__. K+d,UtLtl£\jN\\rb ::,=i3,:,:;FJF„n£„@dty,fdI Date: 2022.07.14 17:33:48 -05'OO' DocuSign Envelope ID: C8088575-DFIBzlC95-8D89-8F3C8A8083ED DENTON Docusign City Council Transmittal Coversheet 7109-013PSA File Name I MOSELEY RD EROSION MAINTENANCE-AMENDMENT 1 P.r,h„ingC,nt„t c'y;t;1 w ';tb'''k City C,,„,iI T„g,t D,t, " -G-S" 2 ’ 2022 Piggy Back Option Contract Expiration Ordinance Not App1 icab1 e N/A 22 -1462 DocuSign Envelope ID: C808857$DFI B4C954D894F3C8A8083ED FIRST AMENDMENT TO CONTRACTBY AND BETWEEN THE CITY OF DENTON, TEXASAND PARKHILL, SMITH & COOPER, INC. PSA 7109-013 THE STATE OF TEXAS § §COUNTY OF DENTON THIS FIRST AMENDMENT TO CONTRACT 7109-013 (“Amendment”) by andbetween the City of Denton, Texas (“City”) and Parkhill, Smith & Cooper, Inc. (“Engineer”); to that certain contract executed on October 23, 2020, in the original not-to- exceed amount of $43,490 (the “Agreement”); for services related to the Moseley RoadErosion Maintenance. WHEREAS, the City deems it necessary to fbrther 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 $130,900 with this Amendment for an aggregate not-to-exceed amount of $174,390; and FURTHERMORE, the City deems it necessary to further expand the goods/services provided by Engineer to the City; NOW THEREFORE, the City and Engineer (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 Moseley Road Erosion Maintenance, are hereby authorized to be performed by Engineer. For and in consideration of the additional services to be performed by Engineer, 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 $130,900. 2. This Amendment modifies the Agreement amount to provide an additional $ 130,900 for the additional services with a revised aggregate not to exceed total of $ 174,390. 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. 7109-013 PSA – Amendment #1 Page 1 of 2 DocuSign Envelope ID: C8088575-DFIB4C95-8D894F3C8A8083ED 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 08/02/2022 “City”“Engineer“ CITY OF DENTON, TEXAS A Texas Municipal Corporation PARKHILL, SMITH & COOPER, INC. C1 ty Manager Prlncipa1 AUTHORIZED SIGNOR, TITLE AUTHORIZED SIGNOR, TITLE AS TO LEGAL FORM:arr Afroii ALArtLLLatAAhM, THIS AGREEMENT HAS BEENBOTH REVIEWED AND APPROVED as to fInancial and operational obligations and business terms. Br1 an Boerner SIGNATURE PRINTED NAME ATTESTROSA RIOS, crrY DoeuSigned bFReuRalBY: D1 rector of Solid waste TITLE SWR DEPARTMENT 7109-013 PSA – Amendment #1 Page 2 of 2 DocuSign Envelope ID: C808857$DFI BJIC9$8D894F3C8A8083ED EXHIBIT A Parkhill June 13, 2022 Mr. Arturo Garcia Site Operations Manager/HCC Manager Solid Waste and RecyclingCity of Denton 1527 S. Mayhill Rd.Denton, TX 76208 Re:Moseley Road Erosion MaintenancePO 194780 Contract Amendment Request Dear Mr. Garcia, As requested, Parkhill (Engineer) has prepared this scope of services and engineering feeproposal for providing the City of Denton Solid Waste and Recycling Department (Owner) withmunicipal solid waste engineering support. Project Understanding Generally, the Project includes work to complete erosion maintenance and final soil cover repair at the City’s Moseley Road Landfill, located in Crossroads, Texas. The original Contractcomprised three tasks (1) TCEQ Authorization, (2) Design & Bidding, and (3) ConstructionAdministration. These tasks were originally included in a proposal dated June 10, 2020. Sincethat time, the 60% design deliverable was submitted to the City on February 5, 2021, and subsequently the project was put on hold for approximately 12 months, leading to labor costincreases, and costs associated with restarting the project, not anticipated in the original proposal.The final plan set was submitted to the City on April 28, 2022. Parkhill has been asked to provideadditional engineering services for the construction phase. Engineer will provide engineeringservices for the following tasks: 1 234567 Texas Commission on Environmental Quality (TCEQ) Authorization (Revised)Design & Bidding (Revised) Construction Administration (Revised)Borrow Soil Source Evaluation (Additional Services)Construction Quality Assurance – Soils testing (Additional Services) Construction Quality Assurance – Survey Verification (Additional Services)TCEQ Completion Report (Additional Services) 3000 Internet Boulevard I SuIte 650 1 Frisco, Texas 75034 1 972.987.1670 Parkhill.corn DocuSign Envelope ID: C8088575-DFIBzlC954D89-8F3C8A8083ED Arturo Garcia Page 2 June 13, 2022 The Engineer’s scope of services for this Task Proposal is as follows: Task 01 TCEQ Authorization (30 TAC 5330 Subchapter T) Additional fee included in Task 01 includes costs related to increases in market labor rates and additional scope to account for new requirements published by the Texas Commission on Environmental Quality in 30 TAC 5330 Subchapter T “Use of Land Over Closed Municipal SolidWaste Landfills.” The TCEQ has published a new form with additional requirements for the disturbance of final cover over an existing MSW landfill. The following additional tasks are now required to meet TCEQ requirements: 1.Preparation of TCEQ Form 20787 Authorization to Disturb Final Cover a. Written Existing Conditions Summaryb. Proposed Project Description c. Description of the Construction Process d. Procedures for the Management of Methane, Water and Excavated Waste e. General Location Map f. Site Layout Plan Task 02 Design & Bidding Additional fee included in Task 02 includes costs related to increases in market labor rates and to account for costs associated with restarting the design after the 12 month delay. Task 03 Construction Administration Additional fee included in Task 03 includes costs related to increases in market labor rates. Task 04 Borrow Source Evaluation Landfill staff have indicated that the existing clay soil stockpile does not contain adequatematerial to complete the project at Moseley Road . The Engineer will: 1 2. 3. Evaluate and make recommendations regarding the volume of the existing soil stockpile. Evaluate and make recommendations regarding the type and quantity of soil present in the existing east stormwater pond for potential use in the project. Evaluate and make recommendations regarding type and quantity of soil present within Unit 2 of the landfill for use in the project. Task 05 Construction Quality Assurance - Soils Testing (ALLOWANCE) Through a sub-contract, the Engineer will complete the required soils and materials testing for construction quality assurance (CQA). Subcontract costs will be billed at direct cost plus 15% asallowed by the Contract. The soils CQA services will include: 1. 2. 3. Engineer’s management of the geotechnical team, scheduling and coordination of fieldwork. Engineer’s review of field reports. Full time observation of infiltration layer and erosion layer construction. It is estimated that 25 days will be required, but a maximum of 40 days are budgeted as a contingency. Flexible Membrane Liner (FML) seam (shear and peel) strength at the rate of one (1 )test per 500 linear feet of seam. Moseley Road Erosion Maintenance DocuSign Envelope ID: C8088575-DFIB-:lC954D89-8F3C8A8083ED Arturo Garcia Page 3 June 13, 2022 4. Soil testing at the minimum rates shown in the following table. Additional soil tests are budgeted in excess of the minimum required by regulations as a contingency. TYPE OF TEST ST©XT©)!\RD TESTMETHOD FREQUENCY OFTESTING Unified Soil Mo B Relationshil Sieve (Gradation: ASTM D 698 or D 1557 Once per soil type Quality ControlTesting of SourceBorrow Material g/qgTM D 422 or D 1140 1ISI1l1[9]4318 Coefficient of Perm%bility ASTM D 50&+ or CoEEMII IG2.1906 1/Mol Rl Relationship forinfiltration layer Field Density Coefficient of Permeabili D or D 2922ASTM [WHo iFEMII lb2-1906 T/ae Icl liftA 1/50(D fF (parallellifts Constructed Cover System Registered Surveyor Task 06 Construction Quality Assurance - Survey Verification (ALLOWANCE) Through a sub-contract, the Engineer will complete the required survey verification for construction quality assurance (CQA). The survey CQA will include: 1. 2 3 4. Engineer’s management of the survey team, scheduling and coordination of field work. Engineer’s review of survey data. Survey data collected on a 50-ft grid for prepared infiltration layer subgrade. Survey data collected on a 50-ft grid for top of prepared infiltration soil layer. Survey data collected on a 50-ft grid for top of erosion soil layer. Task 07 Required)Texas Commission on Environmental Quality Completion Report (if During recent conversations with the TCEQ municipal solid waste permit staff, a Completion Report may be requested to document the erosion control and final cover repair activities. If required by the TCEQ, the Engineer will: 1 2 3. Compile geotechnical and survey data for reporting to the TCEQ. Prepare a written report detailing the construction activities completed, procedures followed in the event waste is encountered, and include CQA field reports, survey dataand soils testing results. Prepare the required As-Built construction plans and specifications for recordkeeping atthe City of Denton Landfill. Moseley Road Erosion Maintenance DocuSign Envelope ID: C8088575-DFIB4C954D89-8F3C8A8083ED Arturo Garcia Page 4 June 13, 2022 Compensation for Engineering Services The total estimated additional compensation shall be a not to exceed amount of $130,900.00.The Engineer will not exceed the estimated total compensation without written approval from theOwner. Subconsultants will be billed at cost plus 15% in accordance with the Contract. 1 2 3 4 5 67. TCEQ Authorization (Labor cost and additional scope)Design & Bidding (Labor cost increase)Construction Administration (Labor cost increase)Borrow Source Evaluation Construction QA – Soils Testing (Subconsultant allowance) Construction QA – Survey Verification (Subconsultant allowance)TCEQ Completion Report (if required) $ $ $ $ $ $ $ 3, 170.004,310.00960.005,830.0072,070.0038,660.005,900.00 Estimated Fee $ 130,900.00 We appreciate the opportunity to provide engineering services to the City of Denton. We would be happy to discuss these services in more detail at your convenience. For additional information,please contact me at fpuqsley@parkhill.com or (214) 499-4798, or Sonia Samir, PE at ssamir@parkhitl.com. Sincerely, PARKHILL ,, nCA%@. P£. Frank E. Pugsley, PE Principal I Environmental Sector Director Moseley Road Erosion Maintenance Certificate Of Completion Envelope Id: C8088575DFI B4C958D898F3C:8A8083ED Subject: Please DocuSign: City Council Contract 71094)13 Amendment 1 Source Envelope: Status: Completed Document Pages: 7 Certificate Pages: 6 AutoNav: Enabled Signatures: 5 Initials: 1 Envelope Originator: Crystal Westbrook 901 B Texas Street Denton, TX 76209 crystal.westbrook@cityofdenton.com IP Address: 198.49.140.104 Envelopeld Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) Record Tracking Status: Original 7/1 1/2022 10:11 :51 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) Electronic Record and Signature DIsclosure:Not Offered via DocuSign Signature Timestamp Sent: 7/11/2022 10:15:32 AM Viewed: 7/1 1/2022 10:15:44 AM Signed: 7/11/2022 10:16:32 AM Completed Using IP Address: 198.49.140.104 Lori Hewell lori.hewell@cityofdenton.com Purchasing Manager City of Denton Security Level: Email, Account Authentication(None) Sent: 7/1 1/2022 10:16:34 AM Viewed: 7/1 1/2022 11 :27:09 AM Signed: 7/1 1/2022 11 :27:19 AM Signature Adoption: Pre-selected Style 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) 'DocuSWd bF IMAnLLh[Ahh .4B070831B4AA438 Sent: 7/1 1/2022 1 1 :27:21 AM Viewed: 7/12/2022 10:03:55 AM Signed: 7/12/2022 10:05:10 AM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure:Not Offered via DocuSign Frank Pugsley fpugsley@parkhill.com Principal Security Level: Email, Account Authentication(None) •Doeu818rud brI nAM PWl41aACFOFE5&A34-31 Sent: 7/12/2022 10:05:13 AM Viewed: 7/1 2/2022 11 :06:55 AM Signed: 7/1 2/2022 11 :07:36 AM Signature Adoption: Pre-selected Style Using IP Address: 12.70.161.203 Electronic Record and Signature Disclosure:Accepted: 7/1 2/2022 11 :06:55 AMID: 554c98c3-cH404179-9443210c22e7b6d9d Signer Events Brian Boerner brian.boerner@cityofdenton.com Director of Solid Waste Security Level: Email, Account Authentication(None) Signature 'Doeu•Md br IhiHbhnLLr'DC014331B80A4A9 Timestamp Sent: 7/12/2022 1 1 :07:38 AM Viewed: 7/1 2/2022 11 :39:09 AM Signed: 7/12/2022 11 :39:23 AM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure:Accepted: 7/12/2022 1 1:39:09 AMID: 56653979-784d4774-9877-b916dc:3041 de 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 Completed Sent: 7/12/2022 1 1 :39:29 AM Viewed : 8/2/2022 8:17:28 AM Signed: 8/2/2022 8:47:18 PMUsing IP Address: 198.49.140.104 Sara Hensley sara.hensley@cityofdenton.com City Manager City of Denton Security Level: Email, Account Authentication(None) Sent: 8/2/2022 8:47:21 PM Viewed: 8/2/2022 9:57:25 PM Signed: 8/2/2022 9:57:29 PM Signature Adoption: Pre-selected Style Using IP Address: 47.184.83.229 Signed using mobile Electronic Record and Signature Disclosure:Not Offered via DocuSign Rosa Rios rosa.rios@cityofdenton.com City Secretary Security Level: Email, Account Authentication(None) Sent: 8/2/2022 9:57:31 PM Viewed: 8/2/2022 10:06:46 PM Signed: 8/2/2022 10:07:22 PM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Electronic Record and Signature Disclosure:Accepted: 8/2/2022 10:06:46 PMID: 01aadd22-3645-+e52-81d4-25aef5e00590 In Person Signer Events Signature Status Timestamp Editor Delivery Events Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Status 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 Timestamp Sent: 7/1 1/2022 10:16:34 AM Carbon Copy Events 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 Status Timestamp Sent: 7/12/2022 11 :39:27 AM Viewed: 7/1 3/2022 2:39:42 PM City Secretary Office citysecretary@cityofdenton.com Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Sent: 8/2/2022 10:07:24 PM Viewed: 8/3/2022 8:11 :09 AM Randall Morris randall.morris@cityofdenton.com Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Accepted: 5/1 7/2022 7:32:06 AMID: 9albda48-26f3480f-a9d6-1 cd94ebOddef Sent: 8/2/2022 10:07:25 PM Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Envelope Sent Certified Delivered Signing Complete Completed Status Timestamps 7/1 1/2022 10:15:32 AM 8/2/2022 10:06:46 PM 8/2/2022 10:07:22 PM 8/2/2022 10:07:25 PM 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: Frank Pugsley, Brian Boemer, Rosa Rios, Randall Morris 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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