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23-887
ORD[NANCE NO. 23-887 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPALCORPORATION. AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONALSERVICES AGREEMENT WITH STEARNS, CONRAD AND SCHMIDT CONSULTINGENGINEERS, INC., FOR THE ENGINEERED DESIGN OF A CONCRETE ROAD AND A VEHICLE UNDERCARRIAGE WASH (WHEEL-WASH) FOR THE SOLID WASTE ANDRECYCL[NG DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFQ 7109-032 – PROFESSIONALSERVICES AGREEMENT FOR DESIGN SERVICES AWARDED TO STEARNS, CONRADAND SCHMIDT CONSULTING ENG[NEERS, INC., rN THE NOT-TO-EXCEED AMOUNT OF $205,245.00). 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, this procurement was undertaken as part of the City’s governmental function; 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 maximumprovided 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 Stearns, Conrad and Schmidt Consulting Engineers, Inc., to provide professional services for the engineered design of a concrete road and a vehicle undercarriage wash (wheel-wash) 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. ' - --- - '-'-'–O- -– ---- r- -–---- -- - - ----V V- ---H+'VV nAV -AiVVArVAV VVP X'VI V-4' VJ reference. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. Th, m,ti,„ t, appr,v, thi, „di„,„,, w„ m,d, by Br \ as B„ L ,„dseconded by Br„iaA CRab heGel . Thia oved by the following vote U - Z : Aye Nay Abstain Absent Mayor Gerard Hudspeth: / Vicki Byrd, District 1 : / Brian Beck. District 2: / J„„ D,„i,, Di,t,i,t 3 , / VACANT. District 4: Brandon Chase McGee, At Large Place 5 : a Ch,i, W,tt,, At L„g, PI„, 6, / ,„„,D „,, „„,,,„ „„ „. a"} „, ., m,)2023 GE]rSPETH. MAYOR ATTEST: JESUS SALAZAR, INTERIM CITY SECRETARY 1111111111D APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Digitally signed by MarcellaLunnDN:Lunn, o, y of Denton,tUl?NLF£‘Date: 2023.04.17 14:50:13 -05'00' DocuSign Envelope ID: FBF554FF-87B8462F-9071-73AOBF638787 DENTON Docusign City Council Transmittal Coversheet 7109–032 File Name ROADS & VEHICLE UNDERCARRIAGE WASH Purchasing Contact c 'Y;t;1 w';tb'"k City Council Target Date MAY 2 ’ 2023 Piggy Back Option Contract Expiration Ordinance PSA Not App11cab1 e N/A 23-887 DocuSign Enve[cpe ID: FBF554FF-87B8462F-9071-73AOBF638787 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 Stearns, Conrad and Schmidt Consulting Engineers, Inc., with its corporateoffice at 1901 Central Drive. Suite550. Bedford. Texas 76021 and authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: Roads &Vehicles Undercarriage Wash (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 not pay for any work performed by ENGINEER or its consultants, subcontractors and/orsuppliers that has not been ordered in advance and in writing. It is specifically agreed 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 this AGREEMENT in an amount not to exceed $205,245 in the manner and in accordance with the fee schedule as set forth in Attachment A. Payment shall be considered fullcompensation 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 tocompletion 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: FBF554FF-87B8462F-9071-73AOBF638787 A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation, including but not limited 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 this AGREEMENT. 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 CITYwill exercise reasonableness in contesting any bill or portion thereof. Nointerest 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 in good faith within 60 days of the amount due, the ENGINEER may, after giving 7days' written notice to CITY, suspend services under this AGREEMENT untilpaid 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 and furnishing 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 engineerspracticing in the same or similar locality and under the same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill andcare of a competent engineer. City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22 Page 2 of 1 8 DocuSign Envelope ID: FBF554FF-87B8462F-9071-73AOBF638787 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, the actual characteristics may vary significantly between successive test points and sample 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 theiremployees 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 orresponsibility 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 18 DocuSign Envelope ID= FBF554FF-87B8-+62F-9071-73AOBF638787 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 discover latent 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 performance criteria 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 current available 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 equipment or structures that may affect operation or maintenance costs; competitivebidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other 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 ih 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: 3/22/22Page 4 of 18 DocuSign Envelope ID: FBF5WIFF-87B8462F-9071-73AOBF638787 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 compiled and furnished by others, and may not always represent the exact location, type of variouscomponents, or exact manner in which the PROJECT was finally constructed. TheENGINEER 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 afterfinal 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 working hours 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 agreementshereunder a provision to the effect that the subconsultant agrees that the CITY shall, 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 in compliance 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 berequested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of 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 18 DocuSign Envelope ID: FBF554FF-87B8462F-9071-73AOBF638787 J. INSURANCE (1) ENGINEER’S INSURANCE a.Commercial General Liability – the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercialumbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial GeneralLiability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. i.The CITY shall be included as an additional insured with all rightsof defense under the CGL, using ISO additional insuredendorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. The Commercial General 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 general liability 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 the engineer owns no vehicles, coverage for hired or non-owned isacceptable. 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: 3/22/22 Page 6 of 18 maintain workers and, if necessary, DocuSign Envelope ID: FBF554FF-87B8462F-9071-73AOBF638787 commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00each 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 andemployer’s liability or commercial umbrella insurance obtained byENGINEER pursuant to this AGREEMENT. d.Professional Liability – ENGINEER shall maintain professional liability, aclaims-made policy, with a minimum of $1,000,000.00 per claim and aggregate. 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 ofinsurance 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 all required 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 its interests 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 incoverage shall be provided to the CITY. A ten (10) days notice shall beacceptable in the event of non-payment of premium. Notice shall be sentto 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: 3/22/22Page 7 of 18 DocuSign Envelope ID: FBF554FF-87B8-+62F-9071-73AOBF638787 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. The CITY, at it sole discretion, may consent to alternative coveragemaintained 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. i.The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies includingendorsements 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 shallstate 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 finalpayment and termination of any coverage required to be maintained after final 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 reasonablyequivalent 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: 3/22/22 Page 8 of 18 DocuSign Envelope ID: FBF554FF-87B8z162F-9071-73AOBF638787 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 financialinterest, 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 designchanges 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 will be 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 agents shall 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: FBF554FF-87B8462F-9071-73AOBF638787 ENGINEER’s agents shall not engage in any discriminatory employment practice 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, andpay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; 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: FBF554FF-87B8=162F-9071-73AOBF638787 (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 with construction 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, orresulting from the engineering services performed. Only the CITY will 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 rightthe 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: 3/22/22Page 11 of 18 DocuSign Envelope ID: FBF554FF-87B8462F-9071-73AOBF638787 (2) The CITY may secure Builders Risk/Installation insurance at the replacement cost 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 forperformance of the services, an equitable adjustment will be made through an amendment to 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 this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration bythe 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: 3/22/22 Page 12 of 18 DocuSign Envelope ID: FBF554FF-87B8462F-9071-73AOBF638787 (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 fails substantially to perform through no fault of the other and thenonperforming party does not commence correction of suchnonperformance within 5 days’ written notice or thereafter fails to diligently 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 the CITY 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 theENGINEER'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 IS CAUSED 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: FBF554FF-87B8462F-9071-73AOBF638787 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 written consent 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 suchinvalid, 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 andregulations and with all City ordinances and regulations which in any way affect thisAGREEMENT 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 OF THE 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 who perform 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 serviceswill be performed by any ENGINEER employee who is not legally eligible to performsuch services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM 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: FBF59tFF-87B8Jt62F-9071-73AOBF638787 PARAGRAPH BY ENGINEER, ENGINEER’S EMPLOYEES, SUBCONTRACTORS,AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have theright 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 writtenverification 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 therequirements 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 contractingwith 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 a foreIgn terrorist organIzatIon. Failure to meet or maintain the requirements under thisprovision 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 company that it (1 ) does not boycott energy companies; and (2) will not boycott energycompanies 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 companies durIng 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: FBF554FF-87B8462F-9071-73AOBF638787 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 Chapter2274 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 discriminatesagainst 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 liability if 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 controlledby individuals who are citizens of China, Iran, North Korea, Russia, or other designated country (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 isinvolved in the development, evaluation, or decision-making process of the performance of any solicitation shall have a financial interest, direct or indirect, in the Contract resulting from that solicitation as defined in the City’s Ethic Ordinance 18-757 and in the City Charter chapter 2 article XI(Ethics). Any willful violation of this section 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 thisprovision, 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: FBF554FF-87B8462F-9071-73AOBF638787 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, bedeemed an original, but all such counterparts shall together constitute but one and the same instrument. The following attachments and schedules are hereby made a part ofthis AGREEMENT: Attachment A - Scope of Services, Compensation, Project Schedule 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 shallbe resolved by giving precedence first to the written AGREEMENT then to the AGREEMENT 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 on05/02/2023 BY: CITY OF DENTON, TEXAS BY:ENGINEER DocuSlgned by '=H=='Z::Sara Hensley, City ManagerB Stearns, Conrad rlnc and Schmidt Consulti RYAN KUNTZ VICE PRESIDENT/PJT P.E. DIRECTOR Date: 4/11/2023 2023-1005596 TEXAS ETHICS COMMISSION CERTIFICATE NUMBER City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22 Page 17 of 18 DocuSign Envelope ID: FBF554FF-87B8-+62F-9071-73AOBF638787 THIS AGREEMENT HAS BEENBOTH REVIEWED AND APPROVED as to financial and operational ATTEST:JESUS SALAZAR, INTERIM CITYSECRETARYpbH£IR% and business terms eXtAIL eOC/bar TaFF;fig DoeuSlgned by: Isla Sa£A,WBY Director of Solld waste Title SWR Department APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Date Signed: 4/11/2023 City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22 Page 18 of 18 DocuSign Envelope ID: FBF554FF-87B8462F-9071-73AOBF638787 ATTACHMENT A SCS ENG RS Environmental Consulting & Contracting February 28, 2023, revised March 10, 2023 Proposal No. 160218222 Mr. Art Garcia Site Operations/Project Manager City of Denton 1527 S. Mayhill RoadDenton, Texas 76208 (sent via email) Re:Proposal for Engineering Design, Bid-Support, and Construction Quality Assurance ServicesRoadway Expansion and Wheel wash Facility City of Denton Landfill Dear Art: Per your request, SCS Engineers is pleased to present this proposal to you for engineering design,including preparation of construction plans, technical specifications and bid documents, bid-supportservices, and construction quality assurance (CQA) services for adding a 15-foot wide (12-foot pavedand 3-foot shoulder) driving lane to existing haul road constructed in 2022, adding a 10-foot wide paved lane to existing roadway to brush management facility, rehabilitation of approximately 4,000 square feet of existing pavement, demolition of two (2) concrete pads, reshaping of existingstormwater channels in Cell 0 area, addition of new stormwater channels, and addition of a new wheelwash facility southeast of Cell 0. Based on our understanding of the project objectives we have developed the following scope ofservices. This approach will provide the City with professional engineering services in the areas of design and project bidding to qualified contractors. SCOPE OF SERVICES This scope of services includes the preparation of a design basis memorandum (DBM); soil analysis; construction plans, specifications and bid documents; bid-support services; and CQA services requiredfor the project. This scope of services has been separated into the following five (5) tasks: 1 2. 3 4 5. Design Basis Memorandum for Wheel Wash Facility; Soil Analysis of Available Borrow Source(s); Engineering Design, Construction Plans, and Technical Specifications and Bid Documents; Bid-support Services; and Construction-phase Engineering and CQA Services. Based on discussion with you onsite on January 27, 2023 and subsequent phone calls on February 21 and February 22, 2023, we understand that the proposed work should include the following design elements for preparation of the construction plans, specifications, and bid documents: • Expansion of Existing Haul Road: Approximately 1,100 feet of existing haul road will beexpanded by an additional 15-foot wide, 10-inch thick reinforced concrete lane between the flare station and fleet maintenance building on the north side of Cell 0 (see Figure 1). Proposed 1 901 Central Drive, Suite 550 Bedford, Texas 1 81 7-571-2288 1 eFax 817-571-21 88 DocuSign Envelope ID: FBF554FF-87B8zt62F-9071-73AOBF638787 Mr. Art Garcia February 28, 2023, revised March 10, 2023Page 2 lane construction will follow the same design prepared by SCS in October 2021. As part of this portion of the project, the following will be performed: >Evaluation of Existing Stormwater Management System: A portion of the proposed 15- foot additional lane will be constructed within the footprint occupied by an existingstorrnwater channel. As such, SCS will evaluate the sizing and capacity of thestormwater channel for consistency with the permitted stormwater management system design. Additionally, we will include a grading plan for reshaping approximately220 feet of existing stormwater channel located west of the flare station facility. Furthermore, we will prepare grading plans for the construction of approximately 300 feet of an operational channel directly north of the flare station and 320 feet of channel directly north of the existing power pole (see Figure 1). This channel will be sized to convey the 25-year, 24-hour storm event consistent with TCEQ regulations. Design around and protection for existing gas monitoring probes and groundwater monitoring wells by retrofitting for below-grade monitoring for traffic rated lids, ifneeded Prepare a traffic control plan to include with the construction plans. This plan will assistthe City with control of vehicles using the haul road during construction of theexpansion lane. Striping Plan. A striping plan for the entire length of the perimeter haul roadconstructed in 2022 (approximately 3,700 feet) will be included in the constructionplan set > > > •Expansion of Brush Management Area Road: As discussed in the January 27 meeting and subsequently during the February 21 phone call, the City would like to expand approximately520 feet of its existing 8-inch thick asphalt paved road at the brush management area by adding a 10-foot wide lane made of 12-inch thick lime stabilized structural fill and overlain by 8-inch thick reinforced concrete (see Figure 1). Please note that this proposal does not includea traffic analysis of the brush management area to evaluate adequacy of reinforced concretepavement in the proposed additional lane. As part of this portion of the project, the followingwill be performed: >Design of Storrnwater Channel: SCS will evaluate existing flow patterns and surfacewater runoff volume across the brush management area paved road to design a stormwater channel to provide adequate storage capacity to convey a 25-year, 24-hour storm event consistent with TCEQ regulations. Additionally, SCS will include construction details that depict extension of two (2) existing culverts located along theroadway. •Rehabilitation of Existing Pavement: Approximately 4,000 square feet of 8-inch thick asphalt or concrete pavement, located west of the flare station (see Figure 1) has been damaged fromwear and tear and needs to be replaced. SCS will include construction level details for the rehabilitation of this damaged pavement with 10-inch thick reinforced concrete with stabilized subgrade. Similar to the proposed lane expansion at the brush management area road, please note that this proposal does not include a traffic analysis of the rehabilitation area to evaluateadequacy of reinforced concrete pavement. M:\BD\Proposab\Denton\2023\1602 18222 Perimeter Road Ex+>anSon and WWF\P2023.03.10_Denton Road and WWF Engineering Design. Bid-Support. & CQA Services rl .docx DocuSign Envelope ID: FBF554FF-87B8z162F-9071-73AOBF638787 Mr. Art Garcia February 28, 2023, revised March 10, 2023Page 3 • Demolition of Existing Concrete Pads: Removal of two concrete pads (approximately 1,050square feet in area), located north of the flare station (see Figure 1). These areas will bebackfilled with structural fill as needed. •Design of a New Wheel Wash Facility: SCS will prepare a design basis memorandum for a newwheel wash facility suitable for use at the landfill, as described in Task 1 of this proposal. Thismemorandum will be summarize research of available facility types, electrical and waterrequirements, pump sizes, installed cost, operational procedures, and warranty. Additionally,if selected by the City, wheel wash facility engineering design and construction plans will beprepared as discussed in subtask 3.IB. Based on our discussions with you, it is our understanding that the City wants the proposedconstruction project to be covered under one (1) set of construction plans, specifications, and biddocuments. Task 1 - Design Basis Memorandum for Wheel Wash Facility. The work associated with this task includes preparation of a DBM for the wheel wash facility (facility) for the landfill. The facility will be located southeast of Cell 0 as shown in Figure 1. As previously described, SCS will research available facilities designed for use at a large landfill(greater than 100 vehicles using the landfill on a daily basis at an average) and gather informationrelated to different facility types (permanent versus portable), pump sizes, electrical and waterrequirements, installed cost, operational procedures, and warranty. SCS will prepare a design basis memorandum to summarize their findings for City’s review. Our feeestimate assumes that construction of the electrical service required for the facility will be performed by others and will be based on design performed by SCS. Following the City’s review of the DBM, andif City decides to proceed with the construction of the facility, SCS will incorporate the commentsreceived from the City into the final construction plans developed in Task 3.1. A preliminary engineer’s estimate of probable construction costs (EOPCC) for the City’s use in developing their budget estimates for this project will be included in the DBM. Task 2 - Soil Analysis of Available Borrow Source(s) This task includes soil analysis of available borrow source(s) that may be used during the constructionof the perimeter road and wheel wash facility. The objective of this task will be to prequalify the available soil ahead of construction and will be conducted during performance of Task 3 (engineeringdesign and preparation of construction plans). As such, following confirming the location of the available borrow sources, an SCS employee (Associate Staff Professional) will collect soil samples from up to three (3) locations throughout the available borrow source(s). Our fee estimate for this effortassumes that the City will provide an excavator and operator to assist in collecting these soilsamples. Representative samples will be collected from each test pit location. The following tests will be performed with the number of tests identified in the table below: • Gradation to P-200 (ASTM D422); • Gradation with Hydrometer to O.002 mm (ASTM D422); • Atterberg limits (ASTM D4318); and M:\BD\Proposab\Denton\2023\16C)218222 Perimeter Road Expansion and WWF\P2023.Q3. 10_Denton Road and WWF Engineering Design. Bid$upp©rt. & CQA Services_rI .docx DocuSign Envelope ID: FBF554FF-87B8462F-9071-73AOBF638787 Mr. Art Garcia February 28, 2023, revised March 10, 2023Page 4 • Standard Proctor (ASTM D698). All 3 samples collected will be tested for gradation to P-200 and Atterberg limits. As discussed with you in phone call on February 21, 2023, the purpose of performingthese tests is to verify that the soilsavailable for this project are similar to those encountered during haul roadway construction in 2022. Upon verification of soil properties, SCS assumes that soil stabilization will be achieved by adding 6% lime by volume, consistent with pavement design for perimeter haul road construction in 2022. An contingency budget has also been included in this task to perform additional tests if soils do not meet project requirements. SCS will confirm approval of additional tests with the City prior to performingthem The following table includes our unit rates for perform this task. Description Project Manager Associate Staff Engineer Gradation to P-200 Gradation with Hydrometerto 0.002 mm Atterberg Limits Standard Proctor Supplies/Shipping Contingency Unit Hour Hour Each Rate per Unit $ 180.00 $110.00 $55.00 Cost $ 720.00 $ 880.00 $ 165.00 $ 145.00 $ 435.00 Each Each Lump Sum T&M $35.00 $165.00 $300.00 $3,000.00 TASK 2 TOTAL $ 105.00 $ 495.00 $ 300.00 $3,000.00 $6, 100.00 Task 3 - Engineering Design, Construction Plans, Technical Specifications, and BidDocuments. Subtask 3.1 - Engineering Design and Construction Plans for Roadway This task includes the engineering design and preparation of construction plans required for the laneexpansion of existing haul road and brush area road; reshaping of existing and construction of newstormwater channels; demolition of existing concrete pads; and rehabilitation of existing pavement. Based on our understanding of the project objectives, one (1) set of the following construction plans will be developed for the project: • • • • • • • • Cover Sheet; General Notes; Site Plan/Existing Conditions (Topography); Site Plan/Existing Conditions (Aerial);Site Layout Plan for Haul Road and Brush Area Road; Proposed Haul Road Expansion Plan/Profile Sheets (up to 2 drawings);Proposed Brush Area Road Expansion Plan/Profile Sheets (up to 2 drawings);Concrete Pad Demolition and Pavement Rehabilitation Plan (up to 2 drawings); M:\BD\P©Fnsab\Denton\a>23\ 160218222 Perimeter Road Expansion and WWF\P2023.C13.10_Denton Road and WWF En$neering Design, Bid$vpport. & CQA Services_rI .dca DocuSign Envelope ID: FBF591FF-87B8462F-9071-73AOBF638787 Mr. Art Garcia February 28, 2023, revised March 10, 2023 Page 5 • • • • • • Haul Road Details (proposed section, tie-in, and termination details);Traffic Control Plan; Striping Plan (up to 4 drawings) for the entire length of perimeter haul road constructed in2022 (approximately 3,700 feet) and details; Wheel Wash Facility Drawings (Optional, see subtask 3.IB); Stormwater Management Details (UP to 2 drawings); Construction Survey Control. Subtask 3.1 B - Engineering Design and Construction Plans for Wheel Wash Facility (Optional) This task includes the engineering design and preparation of construction plans for the wheel washfacility based on DBM prepared in Task 1, and if selected by the City. It is anticipated that the construction plans will include the following drawings, which will be incorporated within the overall project construction plan set prepared in subtask 3.IA: • • • • • Waterline Extension Plan and Profile (1 drawing);Wheel Wash Facility Site Plan and Details (UP to 2 drawings); Stormwater Control and Management Plan; Structural Design and Miscellaneous Details; and Construction Survey Control; SCS will submit construction plans for roadway and wheel wash facility (if selected) to the City for review at 90 percent completion. Following submittal of the 90 percent drawing set, SCS will meet withthe City to discuss the contents of the plans. Following the 90 percent completion review, SCS will incorporate the final modifications and sign/seal the documents by a Professional Engineer registeredin the State of Texas. Any other design reviews can be provided as an additional service. Subtask 3.2 - Technical Specifications, Bid Documents, and Engineer’s Estimate ofProbable Construction Cost SCS will prepare one (1) set of technical specifications and bid documents for the project. Biddocuments will be developed based on the City’s standards (Division 0), as provided by the City, including but not limited to bid advertisement, information to bidders, general and special conditions, bonds, etc. The necessary technical specifications will be developed using SCS’ standards for General Requirements (Division 1) and materials and work required for the project (Division 2 through Division 16). Bid items will be clearly identified during preparation of the specifications. SCS specifications will be developed to be compatible with applicable industry standards (American Society of Testing andMaterials [ASTM], American Concrete Institute, etc.). It is anticipated that the following Division 2 through Division 16 technical specifications will beincorporated into this project: • • • • • Clearing and Grubbing; Excavation, Backfill, Fill, and Grading;Geotextiles (Woven Geotextile);Erosion and Sedimentation Controls;Erosion Control Blanket; M:\BD\Proposab\Denton\2023\ 160218222 Perimeter Road &DanSon and wwn\P2023.03.10_Denton Road wld WWF Engineering Design. Bid$upped. & CQA Services_rI .docx DocuSign Envelope ID: FBF554FF-87B8462F-9071-73AOBF638787 Mr. Art Garcia February 28, 2023, revised March 10, 2023Page 6 • Seed, mulch, and fertilizer; • Concrete; • Reinforced Concrete Pipe; and• PVC Pipe, Fittings, and Valves. SCS will prepare the technical specifications and bid documents concurrently with the construction plans (Subtask 3.1). At 90 percent completion, we will present the technical specifications and bid documents for the City’s review along with the construction plans. Following the 90 percent completionreview, SCS will incorporate the final modifications and sign/seal the documents by a ProfessionalEngineer registered in the State of Texas. SCS will also perform the necessary quantity take-offs for bid items included in the project. SCS will provide an EOPCC, which will be supported by our quantity take-offs for each bid item. SCS will preparean EOPCC at 90 percent completion for review and comment along with the construction plans,specifications, and bid documents. Following the City’s review, SCS will incorporate the finalmodifications into the estimate and provide a final estimate at the completion of the construction plans, specifications, and bid documents. Task 4 - Bid-Support Services This task includes bid-support services during the advertisement and award-phase of the construction project. SCS will provide the following support services to the City during this task: • • • • • Assist the City during advertisement for bid, including development of the invitation for bid as well as notification to Contractors experienced with this type of construction project.Assist or perform, at the discretion of the City, the distribution of the Bid Documents to interested Contractors through “E-Bid Denton County.” SCS will conduct and participate in a pre-bid meeting, which we recommend be mandatory forbidders Respond to technical questions or requests-for-clarification on the construction plans, technical specifications, and bid documents on E-Bid Denton County. Issue addenda, if required, to all contractors who attend the pre-bid conference and are on the plan holders list (our fee estimate assumes issuance of up to one addendum). After the bid opening, SCS will review and tabulate the bid submittals, identify the apparent low bidder, evaluate the qualifications of the low bidder, and make a recommendation of award of contract. Task 5 - Construction Quality Assurance (CQA) Services This task includes construction-phase engineering and construction quality assurance services (CQA)services for the project. The project team will be supervised by Sandeep Saraf, P.E., as a senior CQA advisor, who has 20 years of experience in construction management and CQA. SCS has assigned a Project Manager (PM), whowill be a licensed Professional Engineer in the State of Texas, to handle the scheduling of the SCSpersonnel, monitor the project budget, assist in material submittal reviews, participate in project meetings, and certify the construction record report and that the work was completed in accordance with the Contract Documents. Additionally, an Associate Project Professional (ASP) has been assigned M:\BD\Pop)sab\Denton\2023\ 1 60218222 Perimeter Road Expangon and WWF\P2023.03. la_Denton Road and WWF Engineering Design, Bidlupport. & CQA Services_rI .doa DocuSign Envelope ID: FBF5WIFF-87B8462F-9071-73AOBF638787 Mr. Art Garcia February 28, 2023, revised March 10, 2023Page 7 to this project who will assist the PM, review of material submittals, review field reports, review of as- built information, and preparation of construction record report. Additionally, a CQA technician will be assigned to the project, and will be responsible for conducting and documenting all CQA field testingand sampling, preparing daily construction reports, photographic documentation, distributing fielddocumentation to the PM, and keeping the City and PM informed as to the status of the project. SCS’ Field CQA services technician for this project will perform on-site testing services, and collectionof samples for laboratory testing. Test results will be sent to the PM and ASP to confirm that theycomply with the Contract Documents. To provide these services to the City, this phase of the work has been separated into the followingtasks 1. Field CQA Services; and 2. Construction-Phase Engineering Services. As described below, SCS proposes to provide these services on a time-and-material basis using the rates provided in the table applicable for each task. Subtask 5.1 - Field CQA Services This task includes the full-time field CQA services required during the project, including necessary expenses for mobilization, vehicle, and density gauge equipment. The CQA Technician shall beresponsible for the following: • • • • • • • • • Observe and document materials and workmanship are consistent with the construction plans and technical specifications; Conducting and documenting applicable CQA field testing and sampling; Conduct and document field moisture/density testing using a Nuclear Density Gauge during placement of structural fill and lime-stabilized structural fill; Conduct and document field pH testing of lime-stabilized structural fill; Conduct and document field concrete testing; Observe and document installation of drainage structures and other miscellaneous items areconsistent with the construction plans and technical specifications; Preparing daily construction reports and photographic documentation; Distributing field documentation to the PM, and keeping the City and PM informed as to thestatus of the project; and Attend construction progress meetings administered by the PM. For this proposal, it is assumed that full time onsite CQA technician will be required for the entireduration of roadway construction, pavement rehabilitation, channel construction, and demolition ofconcrete pads, which is assumed to be 6 weeks. If the City selects to include construction of wheel wash facility with this project, the total constructionduration will increase by an additional 4 weeks for a total of IO weeks. As such, the hours andexpenses for this task have been provided into two separate tables (Table 5.IA and 5.IB), corresponding to roadway construction and wheel wash facility construction. Please note that the hours and expenses for wheel wash facility (Table 5.IB) have been provided with the assumption that M:\BD\Proposals\Denton\2023\160218222 Perimeter Road Expansion and WWF\P2023.03.10_Denton Road and WWF Engineering Design. &dJSupport. & CQA Services_rI .docx DocuSign Envelope ID: FBF554FF-87B8462F-9071-73AOBF638787 Mr. Art Garcia February 28, 2023, revised March 10. 2023Page 8 the City will select to construct a permanent concrete facility, which will include soil and concrete testing for structural fill and concrete pad, respectively. Note the assumptions made on construction duration indicated in the note section below; as such, invoiced amount will be based on the actual quantities and schedule performed during construction. Table 5.IA: Field CQA Services for Roadway ImprovementPad Demolition 3 360CQA Technician (1)Hour Day 36CQA Field Vehicle 5WeeksSoil Testing(2) Concrete Testing (3)Day 14 Compressive Strength TestingFor Concrete in Accordance 14Set with ASTM C39 (4> 1Contingency (5) Channel Construction, and Concrete e $72.00 $70.00 $410.00 $ 105.00 no $25,920.00 $2,520.00 $2,050.00 $1,470.00 $90.00 $8,000.00 Subtotal $1,260.00 $8,000.00 $41,220.00 Notes:1.2.SCS has assumed six (6), ten (10) hour days per week (Monday through Saturday) for a 6-week duration.Cost includes a nuclear density gauge and PH meter, required during placement of structural fill for roadconstruction, for a 5-week duration. Cost includes equipment for concrete slump testing, percent voids, and temperature for a 14-day duration.Cost includes laboratory testing of concrete cylinders, taken at an interval of 1 set of 3 cylinders per day for 14 Contingency budget is included for unforeseen delays in the construction duration and will be used only upon approval by City. days 34. 5. Table 5.IB: Field CQA Services for Wheel Wash Facility Construction (Optional) mo)mlmr > CQA Technician (u $17,280.00$72.00240Hour 24 $ 1,680.00CQA Field Vehicle $70.00Day $410.00Soil Testing(2)$ 820.002Week $ 735.00Concrete Testing C3)$ 105.00Day7 $90.00 $5,000.00 Subtotal : $ 630.00 $5,000.00 $26, 145.00 Contingency (5) Notes:12.SCS has assumed six (6), ten (10) hour days per week (Monday through Saturday) for a 4-week duration.Cost includes a nuclear density gauge and PH meter, required during placement of structural fill for wheel wash faciIIty foundation, for a 2-week duration.Cost includes equipment for concrete slump testing, percent voids, and temperature for a 7-day duration.Cost includes laboratory testing of concrete cylinders, taken at an interval of 1 set of 3 cylinders per day for 7 days.Contingency budget is included for unforeseen delays in the construction duration and will be used only uponapproval by City. 34 5. M:\BD\P©posab\Denton\X>23\ 1 60218222 Perimeter Road Expandon and WWF\P2023.03.10_Denton Road and WWF Engineering Design. Bid$uppart. & CQA Services_rI .decl DocuSign Envelope ID: FBF554FF-87B8462F-9071-73AOBF638787 Mr. Art Garcia February 28, 2023, revised March 10, 2023Page 9 Subtask 5.2 - Construction-Phase Engineering Services This task includes the construction-phase engineering services, which include the following services: • Project Management and Oversight; and • SUIveying. Project Management and Oversight: The PM will be responsible for the overall operations of theproject. This will include handling the scheduling and management of SCS’ CQA technician and laboratory testing, assisting in the review of project submittals, including review and approval of Manufacturer’s Product or Quality Control Data, review of laboratory test results, modify construction plans and technical specifications (if necessary), and certifying the documentation record report. The PM will keep the City informed with the progress of the work. Any problems or conflicts which may arise during the project will be brought to the attention of the PM. The PM will be also be responsible for general construction-phase services and verifying that theproject is being performed in accordance with the Contract Documents. This individual will makesufficient visits to the site to be familiar with the work and to review the documentation process. ThePM will, upon completion of the project, certify that the work does meet the Contract Documents, including construction plans and technical specifications. The PM also will assist in the preparation of the construction record report, and certify and sign/seal the report following receipt of comments fromthe City. The PM is a licensed Professional Engineer in the State of Texas. In addition, the PM will perform the general construction-phase CQA services, which will include the following services: • • • • • • • Telephone calls among the City, Contractor, and/or SCS’ CQA team to answer questions andresolve issues. Review and respond to all contractor submittals and requests-for-information or clarifications. Coordinate interpretations of construction plans and specifications. Maintain files for correspondence, photographs, requests-for-information or clarifications, submittal responses, and other construction project related documentation. Review and evaluate Contractor change order proposals (if any), pay applications, and final verification for measurement and payment, if requested by City. Administer bi-weekly progress meetings. Progress meetings will be documented by distributionof meeting minutes. Progress meetings will be attended by the PM in person or by telephone, as necessary, to be familiar with the progression and certification of work being completed. Performance of up to 5 site visits, including a pre-construction meeting, 3 intermediate visits,and substantial walkthrough. The PM will schedule sites during normal bi-weekly progressmeetings, if practical. SUIveying: SUIveying for this project will be performed by Coleman & Associates Land SUIveying and includes the following services: • • Existing Topographic Survey. This survey will include existing ground elevation in areas whereproposed roadway expansion/rehabilitation and wheel wash facility construction will be performed as shown on the construction drawings (assume 1 site visit). Roadway Survey: The following survey will be performed for the roadwayexpansion/rehabilitation: a. Top of subgrade and top of structural fill (assume 2 site visits); M :\BD\P©posaB\Denton\2023\ 160218222 Perimeter Road Expansion and wwF\P2023.a3.10_Denton Road and WWF Engineering Design. Bid$vpport. & CQA SeNicesJ1 .docx DocuSign Envelope ID: FBF554FF-87B8z162F-9071-73AOBF638787 Mr. Art Garcia February 28, 2023, revised March 10, 2023Page 10 b. Top of final road surface taken once every 100 feet and at each curve (assume 1 site visit);c. Each surveyed location shall include elevation of the shoulder, where applicable, and elevation of the edge of pavement, and curvature of road.d. Construction tolerance for top of road surface is 10.1 feet; and e. Surveyor shall verify that points meet or do not meet the required tolerance while onsite,and indicate to the contractor which points meet and do not meet these tolerances. Wheel Wash Facility Survey: The fotlowing survey will be performed for the wheel wash facility: a. Top of subgrade and top of structural fill (assume 2 site visits); andb. Top of concrete slab. Construction tolerance for top of slab is 10.1 feet (assume 1 site visit) Miscellaneous As-Built Surveys for the following (assume 1 site visit): a. Inlet and outlet invert elevations of drainage culverts along with existing ground elevation at each location to verify cover above pipe; and b. Rip-rap installed at each drainage pipe inlet and outlet, where applicable, and at otherlocations. • • Record survey drawing(s), to include each aforementioned item, will be prepared to be included withinthe record report. The following table indicates the hours and expenses required for this subtask. Please note that thistable has been prepared for a project duration of 12 weeks, which includes 2 weeks for project coordination (meetings, submittal review, etc.) prior to Contractor mobilization, and 10 weeks for theroadway and wheel wash facility construction. Only actual time spent on the project will be billed to the City on a time and material basis. Description Senior CQA Advisor (1) Project Manager (1) Associate Staff Professional (u Office Services Manager Site Visits <2) SUIveying (3) Contingency (4) =rLl 20our Hour $ 180.00 $110.00 $120.00 $1,000.00 $27,720.00 $15,000.00Subtask 5.2 Total 15,400.00 12,420.00 $ 1,440.00 15,000.00 $27,720.00 15,000.00 $60,780.00 LS T&M Note: 1. 2 3.4. SCS has assumed up to six (6) hours per week combined, over a 12 week period, for project coordination and construction oversight by the Senior CQA Advisor, PM, and ASP.Site visits will be performed by PM or ASP, and include up to 6 hours per visit, including travel time and onsite time.Cost includes survey items discussed in Subtask 5.2 and reflects a 10% mark-up for SCS.Contingency budget is provided for unforeseen complications that may arise during construction that may require additional project oversight, engineering, or design for field adjustments. Contingency budget will not be used untilreceiving approval from the City and will be billed on a time and material basis. Subtask 5.3 - Construction Documentation Report This subtask includes the preparation of the construction documentation report for construction, related to road and wheel wash facility construction. This report will include the following: M:\BD\Proposab\Denton\2023\ 160218222 Perimeter Road Expangon and WWF\P2023.03.10_Denton Road utd WWF Engineering Design. &d$upport. & CQA SewicesJl .docx DocuSign Envelope ID: FBF554FF-87B8dj62F-9071-73AOBF638787 Mr. Art Garcia February 28, 2023. revised March 1 0, 2023Page 1 1 • • • • • • • • • A narrative describing the construction, test methods and results; All material submittal correspondence and documentation; Daily progress reports; Laboratory test results, including pre-construction testing and construction testing; Field testing results, logs and location maps; Photographic documentation;Summary of design and field adjustment, if any; Record survey drawings and documentation; andCertification of final construction. The construction documentation report shall be sealed by a licensed Professional Engineer in the Stateof Texas, and submitted to the City within 21 days following the receipt of the final record survey drawings from the suIveyor. Up to three (3) hard copies of the report will be reproduced for the City’s records. Additionally, SCS will provide an electronic version (PDF) format of the final signed/sealed report to the City. PROPOSED FEE AND SCHEDULE SCS’ proposed fees for the above scope of services are provided in the table below. Additionally, SCS proposes to perform each task on either a lump sum or time-an-material (T&M) basis as indicated inthe table below. Our current fee schedule is attached. Task No,Task Title Proposed Fee I Billing Basis Design Basis Memorandum $7,500.00 $6, 100.00 Lump Sum T&M2Soil Analysis of Available Borrow Source(s) 3.1 Engineering Design, Construction Plans, Technical Specifications, and Bid Documents. Lump Sum3.IA Engineering Design and Construction Plans for Roadway Engineering Design and Construction Plans for WheelWash Facility (Optional) $33,000.00 3.IB $ 10,000.00 Lump Sum Lump Sum T&M 3.2 Technical Specifications and Bid Documents $5,500.00 $5,500.004Bid-Support Services 5 Construction Quality Assurance (CQA) Services Field CQA Services for Roadway Construction e (Optional) Construction-Phase Engineering Services 5.IA $41,220.00 T&M 5.IB $26, 145.00 T&M T&M Lump Sum 5.2 $60,780.00 $9,500.00o e 5.IA, 5.2, and 5.3):$169, 100.00 ATf :a : : $ 2 o 5 1 2 4 5 n o o The following includes a preliminary schedule for completion of the work: M:\BD\Proposals\Denton\a)23\160218222 Perimeter Road Expansion and WWF\P2023.03.10_Denton Road and WWF Engineering Design. Bid3upport. & CQA Services_rl .doa DocuSign Envelope ID: FBF554FF-87B8462F-9071-73AOBF638787 Mr. Art Garcia February 28, 2023, revised March 10. 2023Page 12 • • • • Task 1: 4 weeks following notice to proceed. Task 2: 3 weeks following notice to proceed. Task 3: 90% submittal 12 weeks following completion of Task 1. Task 5: anticipated 12 week duration (assuming that wheel wash facility will be constructed). CLOSING We appreciate this opportunity to provide this proposal to you. If you have any questions, please contact Sandeep Saraf, P.E. at (407) 923-7013. Sincerely, f)„A Brett DeVries, Ph.D., P.E Project EngineerSCS ENGINEERS TBPE Registration No. F-3407 Sandeep Saraf, P.E. Senior Project ManagerSCS ENGINEERS M:\BD\P©posats\Denton\X>23\ t 60218222 Perimeter Road Expansion and WWF\P2023.03.10_Denton Road and WWF Engineering Design. Bid$upport, & CQA SeNicesJl .docx DocuSign Envelope ID: FBF554FF-87B8=162F-9071-73AOBF638787 Environmental Management ConsultantsOffices Nationwide 1901 Central DriveSuite 550Bedford, Texas 76021817.571.2288 Main 12651 Briar Forest DriveSuite 205 Houston, Texas 77077281.293.8494 MainSCS ENGINEERS SCS ENGINEERS FEE SCHEDULE (Effective April 1, 2022 through March 31, 2023)Labor Category Rate/Hour ($)245 235 235225210 190180175 175150 145135130 125110135 90120 80110 1007570 Business Unit Director ..................................................................................... Project Advisor.................................................................................................. Satellite Office Manager .................................................................................. Project Director II.............................................................................................. Project Director I............................................................................................... Project Manager II ............................................................................................ Project Manager I .............................................................................................CQA Manager.................................................................................................... Project Professional III ..................................................................................... Project Professional II ...................................................................................... Project Professional I .......................................................................................Staff Professional III.........................................................................................Staff Professional II.......................................................................................... Staff Professional I........................................................................................... Associate Staff Professional............................................................................ CAD Designer.................................................................................................... CAD Draftsperson............................................................................................. Office Service Manager.................................................................................... Secretarial/Clerical ..........................................................................................Sr. Field Services Technician........................................................................... Field Services Technician ................................................................................ Lead CQA Monitor ............................................................................................ CQA Monitor...................................................................................................... 1.The hourly rates are effective through March 31, 2023. Work performed thereafter is subject to a new Fee Schedule issued for the period beginning April 1, 2023. Consistentwith federal regulations, a factor of 150% will be applied to overtime hours for field personnel. The above rates include salary, overhead, administration, and profit. Other direct expenses, such as analyses of air, water and soil samples, reproduction, travel, subsistence, subcontractors, long distance telephone, computers, etc., are billed at actualcost plus 15 percent. Vehicle mileage is billed at $0.72 per mile for autos and $0.82 per mile for company trucks. Daily rates apply on long-term projects. 2. 3. 4. Invoices will be prepared monthly for work in progress unless otherwise agreed. Invoices are due and payable upon receipt. Payment of SCS Invoices for services performed will not be contingent upon the client's receipt of payment from other parties, unless otherwise agreed. Client agrees to pay legal costs, including attorney's fees, incurred by SCS in collecting any amount past due and owing on client’s account. For special situations, such as expert court testimony and limited consultation, hourly rates for principals of the firm will be on an individually-negotiated basis. 5. M:\BD\Proposals\Denton\2023\SCS Engr OfTice 16 Fee schedule CH01221)33123 (fInal).docx DocuSign Envelope ID: FBF554FF-87B8=162F-9071-73AOBF63878_7_' ' C IQ FORM CONFLICT OF INTEREST QUESTIONNAIRE -For vendor or other Derson doing business with local governmental entit' 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 definedby Section 176.001(1 -a) with a local governmental entity and the vendor meets requirements under Section 176.006(a) and by City of DentonEthics Code. Ordinance 18-757. By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after thIdate the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1 ), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is amisdemeanor.a W STEARNS, CONRAD AND SCHMIDT CONSULTING ENGINEERS,INC . 2 a Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you nIe an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after 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. Not App1 lcab1 e 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 be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.00 1(1-a), Local Government Code Attach additional pages to this Form CIQ as necessary. A Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?D Yes E No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity?n ,„,= ,„, C Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of one percent or more? = Yes D No D.Describe each employment or business and family relationship with the local government officer named in this section 4 5 Ld I have no Conflict of Interest to disclose. 4/11/2023 with the governmental entity Date DocuSign Envelope ID: FBF554FF-87B8462F-9071-73AOBF638787 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 ofthe Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG 1 76.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 theparties. The term does not include a connection based on (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or leaseofgoods or services from a person that is charteredby a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code q 176.003(a){2)(A) and fB): (A) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:(2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that(i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contTact with the vax% (B) has given to the local government officer or a family member ofthe officer one or more gifts that have an aggregate value ofmore than 8100 inthe 12-monthperiodpreceding the date the officer becomes aware that:(i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code $ 176.006(a) and fa-1) (a) Avendor 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, ora family member ofthe 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 governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business dayafter the later of (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local govemmental 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 govemmentoaicer. City of Denton Ethics Code Ordinance Number 18-757 Definitions Relative: a family member related to a City Official within the third 3d degree of affinity {marriage) or consanguinity (blood or adoption) OUr 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 Commission Members, Board of Adjustment, Historic Landmark Commission, or Public Utilities Board Vendor: a person who provides or seeks to provide goods, services, and/or real property to the City in exchange for compensation, This definition does not include those property owners from whom the City acquires public right4f-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 ($50.00) 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 [k>cuSign=•IHI ;Certificate Of Completion Envelope Id: FBF554FF87B8462F907173AOBF638787 Subject: Please DocuSign: City Council Contract 7109-032 Roads & Vehicles Undercarriage Wash Status: Completed Source Envelope: Document Pages: 34 Certificate Pages: 6 Signatures: 6 Initials: 1 Envelope Originator: Crystal Westbrook901B Texas Street Denton, TX 76209 crystal.westbrook@cityofdenton.com IP Address: 198.49.140.104 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) Record Tracking Status: Original 4/6/2023 10:27:08 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) Electronic Record and Signature Disclosure:Not Offered via DocuSign Signature Timestamp Sent: 4/6/2023 10:36:11 PM Viewed: 4/6/2023 10:36:23 PM Signed: 4/6/2023 10:39:01 PM 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: 4/6/2023 10:39:04 PM Viewed: 4/7/2023 8:07:04 AM Signed: 4/7/2023 8:08:23 AM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Electronic Record and Signature Disclosure: Not Offered via DocuSign Marcella Lunn marcella.lunn@cityofdenton.com Mack Reinwand City Attorney City of Denton Security Level: Email, Account Authentication(None) 'DocuSlgn•d by: IMartL£L&Mb '4B070831B4AA438. Sent: 4/7/2023 8:08:26 AM Viewed: 4/10/2023 3:51 :04 PM Signed: 4/10/2023 4:10:08 PM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure:Not Offered via DocuSign 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 Completed Sent: 4/1 1/2023 1 1 :35:13 AM Viewed: 4/1 1/2023 1 1 :35:47 AM Signed: 4/1 1/2023 11 :40:59 AMUsing IP Address: 198.49.140.10 Signer Events Ryan Kuntz rkuntz@scsengineers.comVP Security Level: Email, Account Authentication(None) Signature Timestamp Sent: 4/10/2023 4:19:26 PM Viewed: 4/1 1/2023 10:06:08 AM Signed: 4/11/2023 12:09:21 PM Signature Adoption: Uploaded Signature Image Using IP Address: 99.48.161.145 Electronic Record and Signature Disclosure: Accepted: 4/1 1/2023 10:06:08 AMID: 45a7a014-ebc841 b7-bf9d-ab1848d4385c Brian Boerner brian.boerner@cityofdenton.com Director of Solid Waste Security Level: Email, Account Authentication (None) 'D$euSIgned brIhiAhbLrhLr ,DCD14331B80MA9. Sent: 4/1 1/2023 12:09:24 PM Viewed: 4/1 1/2023 12:10:07 PM Signed: 4/1 1/2023 12:13:35 PM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure:Accepted: 4/1 1/2023 12:10:07 PMID: 4d3637bc-686c4184-8a59-ab7699286728 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: 4/1 1/2023 12:13:38 PM Viewed: 5/3/2023 8:43:46 AM Signed: 5/3/2023 8:44:04 AMUsing IP Address: 198.49.140.10 Sara Hensley sara.hensley@cityofdenton.com City Manager City of Denton Security Level: Email, Account Authentication(None) DwuSlgned by:I SMA IIo.& .5238DB206270423. Sent: 5/3/2023 8:44:07 AM Viewed: 5/3/2023 8:44:31 AM Signed: 5/3/2023 8:44:38 AM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure:Not Offered via DocuSign Jesus Salazar jesus.salazar@cityofdenton.com Security Level: Email, Account Authentication(None) Sent: 5/3/2023 8:44:41 AM Viewed: 5/3/2023 11 :30:29 AM Signed: 5/3/2023 1 1 :31 :23 AM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure:Accepted: 5/3/2023 11 :30:29 AMID: d7flc75c-1 08bJlb4c-9ada-f5e40217d3e9 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: 4/6/2023 10:39:05 PM Brett DeVries bdevries@scsengineers.com Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Sent: 4/10/2023 4:19:27 PM Viewed : 4/1 0/2023 4:20:19 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: 4/11/2023 12:13:38 PM Viewed: 4/1 7/2023 1:17:13 PM City Secretary Office citysecretary@cityofdenton.com Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Sent: 5/3/2023 1 1 :31 :26 AM Viewed: 5/3/2023 12:13:28 PM Arturo Garcia Arturo.Garcia@cityofdenton.com Site Operations Manager Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Accepted: 5/2/2023 4:26:23 PMID: f49d29bc-2d6421426-b730-b49744c14dOa Sent: 5/3/2023 1 1 :31 :28 AM Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps 4/6/2023 10:36:11 PM 4/1 1/2023 11 :35:12 AM 5/3/2023 11 :30:29 AM 5/3/2023 11 :31 :23 AM 5/3/2023 11:31 :28 AM Envelope Sent Envelope Updated Hashed/Encrypted Security Checked Security Checked Security Checked Security Checked Certified Delivered 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: Ryan Kuntz, Brian Boerner, Jesus Salazar, 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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All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact City of Denton: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: purchasing@cityofdenton.com To advise City of Denton of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address.. In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in DocuSign.To request paper copies from City of Denton To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an e-mail to purchasing@cityofdenton.com and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with City of Denton To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign account, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you must state your e-mail, full name, IS Postal Address, telephone number, and account number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process. . Required hardware and software Operating Systems Browsers (for SENDERS Browsers (for SIGNERS): r kternet Explorer 6.0? or above mlet Explorer 6.0?, Mozilla FireFox 1.0NetSca7.2 (or above Access to a valid email account x Email Screen Resolution Enabled Security Settings •Allow per session cookies •Users accessing the internet behind a Proxy Server must enable HTTP 1.1 settings via roxy connection ## These minimum requirements are subject to change. If these requirements change, we will provide you with an email message at the email address we have on file for you at that time providing you with the revised hardware and software requirements, at which time you will have the right to withdraw your consent. Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I agree’ button below. By checking the 'I Agree' box, I confirm that: • I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and • Until or unless I notify City of Denton as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by City of Denton during the course of my relationship with you.