6672 - Amendment 2 Executed
Docusign Transmittal Coversheet
File Name
Purchasing Contact
Contract Expiration
DocuSign Envelope ID: 7D0C6029-58C7-4B80-B12C-56E9E8EE50AF
Crystal Westbrook
6672
N/A
LANDFILL BUFFER LANDSCAPE DESIGN
PSA
6672 PSA – Amendment #1 Page 1 of 2
FIRST AMENDMENT TO CONTRACT
BY AND BETWEEN THE CITY OF DENTON, TEXAS
AND FREESE AND NICHOLS, INC.
PSA 6672
THE STATE OF TEXAS §
COUNTY OF DENTON §
THIS FIRST AMENDMENT TO CONTRACT 6672 (“Amendment”) by and
between the City of Denton, Texas (“City”) and FREESE AND NICHOLS, INC.
(“Consultant”); to that certain contract executed on December 20, 2017, in the original not-
to-exceed amount of $20,000 (the “Agreement”); for services related to Landscape Design
Services for Landfill Buffer Area.
WHEREAS, the City deems it necessary to further expand the services provided by
Consultant to the City pursuant to the terms of the Agreement, and to provide an additional
not-to-exceed amount $20,200 with this Amendment for an aggregate not-to-exceed
amount of $40,200; and
FURTHERMORE, the City deems it necessary to further expand the goods/services
provided by Consultant to the City;
NOW THEREFORE, the City and Consultant (hereafter collectively referred to as the
“Parties”), in consideration of their mutual promises and covenants, as well as for other
good and valuable considerations, do hereby AGREE to the following Amendment, which
amends the following terms and conditions of the said Agreement, to wit:
1. The additional services described in Exhibit “A” of this Amendment, attached
hereto and incorporated herein for all purposes, for professional services related to
the Landscape Design Services for Landfill Buffer Area, are hereby authorized
to be performed by Consultant. For and in consideration of the additional services
to be performed by Consultant, the City agrees to pay, based on the cost estimate
detail attached as Exhibit “A”, a total fee, including reimbursement for non-labor
expenses an amount not to exceed $20,200.
2. This Amendment modifies the Agreement amount to provide an additional $20,200
for the additional services with a revised aggregate not to exceed total of $40,200.
The Parties hereto agree, that except as specifically provided for by this Amendment, that
all of the terms, covenants, conditions, agreements, rights, responsibilities, and obligations
of the Parties, set forth in the Agreement remain in full force and effect.
DocuSign Envelope ID: 7D0C6029-58C7-4B80-B12C-56E9E8EE50AF
6672 PSA – Amendment #1 Page 2 of 2
IN WITNESS WHEREOF, the City and the Consultant, have each executed this
Amendment electronically, by and through their respective duly authorized representatives
and officers on this date _________________________.
“CITY”
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By:
_________________________________
“CONSULTANT”
FREESE AND NICHOLS, INC.
By:
_________________________________
AUTHORIZED SIGNATURE, TITLE
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
_______________ ________________
SIGNATURE PRINTED NAME
__________________________________
TITLE
__________________________________
DEPARTMENT
DocuSign Envelope ID: 7D0C6029-58C7-4B80-B12C-56E9E8EE50AF
Vice President
Brian Boerner
Solid waste and Recycling
Director of Solid Waste
Senior Buyer
8/13/2021
SCOPE OF SERVICES AND RESPONSIBILITIES OF OWNER
LANDSCAPE DESIGN FOR LANDFILL BUFFER AREA
FOR THE CITY OF DENTON
August 2, 2021
GENERAL: This project includes Landscape Planting and Irrigation Design services for the buffer area
between the City of Denton Landfill and the Pecan Creek Development. The buffer treatment is anticipated to
run approximately 1,021 linear feet along the existing retaining wall. The landscape design as outlined in
subchapter 13 section 35.13.8 of the City’s UDC, shall comply with the criteria outlined in section 2.3 of the
21-1190 Settlement Agreement.
ARTICLE I
BASIC SERVICES: FNI shall render the following professional services in connection with the
development of the Project:
A. Tree Survey – Conduct a field survey to determine the existing locations of trees and retaining
wall.
B. Design Coordination
1. Conduct an initial site visit to assess existing site conditions.
2. Develop and validate design criteria for the landscape buffer for the existing landfill site
as required in section 2.3 of the 21-1190 settlement Agreement.
3. Develop a plan view exhibit of the landscape improvements within the buffer area that
best meet the criteria listed in subchapter 13 of the UDC for submission to City and
Requestor’s Expert.
4. FNI shall attend a coordination conference call with the City and Requestor’s Expert to
discuss the plan view exhibit.
5. Develop a conceptual-level opinion of probable construction cost.
6. Deliverables:
(i) Memorandum stating design requirements, goals and objectives.
(ii) Plan exhibit.
(iii) Conceptual-level opinion of probable construction cost.
C. Final Design and Construction Documents
1. Review client comments on submitted exhibit and discuss comments with client via
conference call.
EXHIBIT A
DocuSign Envelope ID: 7D0C6029-58C7-4B80-B12C-56E9E8EE50AF
2. Develop design plans and details for the approved design into a 95% set of design plans
and specifications.
3. Update the opinion of probable construction cost.
4. Review client comments on submitted 95% design drawings and discuss comments with
client via conference call.
5. Develop design plans and details into a 100% Signed and Sealed set of design plans and
specifications to issue for bid.
6. Deliverables:
(i) 95% plans, details, and specifications.
(ii) 95% opinion of probable construction cost.
(iii) Final plans, details, and specifications.
(iv) Final opinion of probable construction cost.
D. Bid Phase
1. Respond to potential bidder questions during the bid process and attend a pre-bid meeting
with City representatives and prospective bidders.
2. Issue one addendum if necessary.
ARTICLE II
ADDITIONAL SERVICES: Additional Services to be performed by Engineering Professional, if
specifically authorized in writing by OWNER, which are not included in the above-described Basic
and Special Services, are described as follows:
A. Appraisals and right-of-way acquisition services.
B. Subsurface Utility Engineering services.
C. Phase I and II Environmental Site Assessment services in accordance with ASTM standards to
identify and investigate the nature and extent of potential environmental contamination.
D. Tree survey to comply with city of Denton tree protection ordinance.
E. Field layouts or the furnishing of construction line and grade surveys.
F. Legal services for eminent domain hearings.
G. Construction Materials Testing.
DocuSign Envelope ID: 7D0C6029-58C7-4B80-B12C-56E9E8EE50AF
H. Documenting and Recording Historic Structures.
I. GIS mapping services or assistance with these services.
J. Providing renderings, model, and mock-ups requested by the OWNER.
K. Making revisions to drawings, specifications or other documents to the extent not contemplated
in Article I when such revisions are 1) not consistent with approvals or instructions previously
given by OWNER or 2) due to other causes not solely within the control of FNI.
L. Preparing applications and supporting documents for government grants, loans, or planning
advances and providing data for detailed applications.
M. Preparing data and reports for assistance to OWNER in preparation for hearings before
regulatory agencies, courts, arbitration panels or any mediator, giving testimony, personally or
by deposition, and preparations therefore before any regulatory agency, court, arbitration panel
or mediator.
N. Assisting OWNER in preparing for, or appearing at litigation, mediation, arbitration, dispute
review boards, or other legal and/or administrative proceedings in the defense or prosecution
of claims disputes with Contractor(s) to the extent not contemplated in Article I.
O. Assisting OWNER in the defense or prosecution of litigation in connection with or in addition
to those services contemplated by this AGREEMENT. Such services, if any, shall be furnished
by FNI on a fee basis negotiated by the respective parties outside of and in addition to this
AGREEMENT.
P. Performing investigations, studies, and analysis of work proposed by construction contractors
to correct defective work.
Q. Design, contract modifications, studies or analysis required to comply with local, State, Federal
or other regulatory agencies that become effective after the date of this agreement.
R. Services required to resolve bid protests or to rebid the project for any reason.
S. Visits to the site in excess of the number of trips included in Article I for periodic site visits,
coordination meetings, or contract completion activities.
T. Any services required as a result of default of the contractor(s) or the failure, for any reason, of
the contractor(s) to complete the work within the contract time.
U. Providing services after the completion of the construction phase not specifically listed in
Article I.
V. Providing basic or additional services on an accelerated time schedule. The scope of this service
include cost for overtime wages of employees and consultants, inefficiencies in work sequence
and plotting or reproduction costs directly attributable to an accelerated time schedule directed
by the OWNER.
DocuSign Envelope ID: 7D0C6029-58C7-4B80-B12C-56E9E8EE50AF
W. Providing services made necessary because of unforeseen, concealed, or differing site
conditions or due to the presence of hazardous substances in any form.
X. Providing services to review or evaluate construction contractor(s) claim(s), provided said
claims are supported by causes not within the control of FNI.
Y. Providing value engineering studies or reviews of cost savings proposed by construction
contractors after bids have been submitted.
Z. Preparing statements for invoicing or other documentation for billing other than for the standard
invoice for services attached to this professional services agreement.
AA. Provide follow-up professional services during Contractor’s warranty period.
ARTICLE III
BASIS OF COMPENSATION: FNI shall render the above professional services for a lump sum
fee of …………………………………………………………………………………$20,200.00
ARTICLE III
SCHEDULE: FNI shall render the above services within the timeframe outlined in section 2.3 of the
21-1190 Settlement Agreement.
DocuSign Envelope ID: 7D0C6029-58C7-4B80-B12C-56E9E8EE50AF
Certificate Of Completion
Envelope Id: 7D0C602958C74B80B12C56E9E8EE50AF Status: Completed
Subject: ***Purchasing Approval*** 6627--Amendment 2
Source Envelope:
Document Pages: 7 Signatures: 3 Envelope Originator:
Certificate Pages: 5 Initials: 0 Crystal Westbrook
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
crystal.westbrook@cityofdenton.com
IP Address: 198.49.140.104
Record Tracking
Status: Original
8/13/2021 2:10:47 PM
Holder: Crystal Westbrook
crystal.westbrook@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Crystal Westbrook
crystal.westbrook@cityofdenton.com
Senior Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.104
Sent: 8/13/2021 2:13:46 PM
Viewed: 8/13/2021 2:17:49 PM
Signed: 8/13/2021 2:19:17 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Thomas Haster
th@freese.com
Vice President
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 97.75.108.6
Sent: 8/13/2021 2:19:20 PM
Viewed: 8/13/2021 2:33:20 PM
Signed: 8/13/2021 2:33:32 PM
Electronic Record and Signature Disclosure:
Accepted: 8/13/2021 2:33:20 PM
ID: 4d94d7e7-9713-4935-ac23-724e209351fe
Brian Boerner
brian.boerner@cityofdenton.com
Director of Solid Waste
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Signed using mobile
Sent: 8/13/2021 2:33:33 PM
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Signed: 8/13/2021 2:34:49 PM
Electronic Record and Signature Disclosure:
Accepted: 8/13/2021 2:34:09 PM
ID: 95b40272-f17d-4858-9484-8ed197a33731
Crystal Westbrook
crystal.westbrook@cityofdenton.com
Senior Buyer
City of Denton
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(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.104
Sent: 8/13/2021 2:34:50 PM
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Signed: 8/13/2021 2:35:23 PM
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Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
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(None)
Sent: 8/13/2021 2:35:24 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Arturo Garcia
Arturo.Garcia@cityofdenton.com
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(None)
Sent: 8/13/2021 2:35:24 PM
Electronic Record and Signature Disclosure:
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Envelope Sent Hashed/Encrypted 8/13/2021 2:13:46 PM
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Signing Complete Security Checked 8/13/2021 2:35:23 PM
Completed Security Checked 8/13/2021 2:35:24 PM
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Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Thomas Haster, Brian Boerner
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