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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 Security Level: Email, Account Authentication (None)Signature Adoption: Drawn on Device Using IP Address: 166.205.190.57 Signed using mobile Sent: 8/13/2021 2:33:33 PM Viewed: 8/13/2021 2:34:09 PM 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 Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Sent: 8/13/2021 2:34:50 PM Viewed: 8/13/2021 2:35:11 PM Signed: 8/13/2021 2:35:23 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Sent: 8/13/2021 2:35:24 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Arturo Garcia Arturo.Garcia@cityofdenton.com Security Level: Email, Account Authentication (None) Sent: 8/13/2021 2:35:24 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 8/13/2021 2:13:46 PM Certified Delivered Security Checked 8/13/2021 2:35:11 PM Signing Complete Security Checked 8/13/2021 2:35:23 PM Completed Security Checked 8/13/2021 2:35:24 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure 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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