8147 - Amendment 1 Executed
Docusign Transmittal Coversheet
File Name
Purchasing Contact
Contract Expiration
DocuSign Envelope ID: D881827E-9C42-4F2A-9590-1B92D56B2010
Christina Dormady
------
8147 Downtown Master Plan
1
THE STATE OF TEXAS §
§
COUNTY OF DENTON §
FIRST AMENDMENT TO CONTRACT
BY AND BETWEEN THE CITY OF DENTON, TEXAS
AND MEND COLLABORATIVE, INC. 8147
THIS FIRST AMENDMENT TO CONTRACT 8147 (this “Amendment”) by and
between the City of Denton, Texas (“City”) and MEND COLLABORATIVE, INC
(“Contractor”) to that certain contract executed on June 27, 2023, in the original not-to-
exceed amount of $241,340 (the “Agreement”); for services related to the Downtown
Master Plan.
WHEREAS, the City deems it necessary to further expand the services provided by
Contractor to the City pursuant to the terms of the Agreement, and to provide an additional
not-to-exceed amount $5,680.00 with this First Amendment for an aggregate not-to-exceed
amount of $247,020; and
WHEREAS, this amendment incorporates any previously executed documents
between the parties including but not limited to pricing adjustments.
WHEREAS, the City deems it necessary to further expand the goods/services
provided by Contractor to the City; and
WHEREAS, the original not-to-exceed amount may not be increased by more than
25.0% as provided in Texas Local Government Code Sec. 252.048; and
NOW THEREFORE, the City and Contractor (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 First Amendment,
which amends the following terms and conditions of the said Agreement, to wit:
1. This Amendment modifies the Agreement amount to provide an additional
$5,680.00 for additional services and materials to be provided in accordance with
the terms of the Agreement with a revised aggregate not-to-exceed total of
$247,020.00.
2. The additional goods/services described in Exhibit “A” of this Amendment,
attached hereto and incorporated herein for all purposes, for goods/services related
to the community workshops that are a part of the Downtown Master Plan, are
hereby authorized to be performed by Contractor. For and in consideration of the
additional goods/services to be performed by Contractor, the City agrees to pay,
based on the cost estimate detail attached as Exhibit “A”.
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: D881827E-9C42-4F2A-9590-1B92D56B2010
2
IN WITNESS WHEREOF, the City and the Contractor, have each executed this
Amendment, by and through their respective duly authorized representatives and officers
on this date.
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
_______________ ________________
SIGNATURE PRINTED NAME
__________________________________
TITLE
__________________________________
DEPARTMENT
“CONTRACTOR”
MEND COLLABORATIVE, INC.
By: _____________________________
AUTHORIZED SIGNATURE, TITLE
“BUYER”
CITY OF DENTON
By: _____________________________
AUTHORIZED SIGNATURE, TITLE
DocuSign Envelope ID: D881827E-9C42-4F2A-9590-1B92D56B2010
Director
Development Services
Scott McDonald
Sept 13,2023
CONTRACT AGREEMENT
This Contract Ammendment (the “Agreement”)is made effective this September
5th,2023
BETWEEN:MEND COLLABORATIVE INC.(the “Consultant”),located at:
2744 Lyndale Avenue South,Minneapolis,MN 55408
AND:City of Denton (the “Client”),located at:
215 East McKinney Street,Denton Texas 76201
WHEREAS the Consultant has entered into a general contract,henceforth the
“Agreement”with CLIENT,henceforth the “Client”,to furnish planning and design
services for the following named and described project.
DNTN 2301 Denton Downtown Plan Additional Services
Request
Mend Collaborative,as the prime consultant for the Downtown Denton Plan,requests the
following amendment to our scope of services and fee.
Additional Services Understanding
Whereas the consultant originally planned to host two Community Visioning Workshops
(Task 2.6)and Pop-up events (Task 2.7)jointly with an Advisory Group Meeting (Task 2.5)and
Joint Workshop (Task 2.9),it has been agreed that it would be beneficial to the project
outcomes to hold the two workshops at separate times in order to accommodate
opportunities for further outreach relating to large scale events in Quakertown Park and
Downtown Denton.
To accommodate this request the following changes will be implemented:
●The Quakertown Park Community Workshop will be held on Saturday,October 7th in
order to coordinate the event with the Denton Arts and Jazz Festival.This event will be
attended by Sandy Meulners and Kennedy Rauh.
○Sandy’s travel budget will be transferred from the previously proposed later
date,but will be supplemented with 4 additional “pop-up”hours to
accommodate the two day event,held Saturday,October 7th and Sunday,
October 8th.
2744 Lyndale Avenue South
Minneapolis,MN 55408
612.702.2453
www.mendcollaborative.com
Exhibit ADocuSign Envelope ID: D881827E-9C42-4F2A-9590-1B92D56B2010
Sept 13,2023
○Kennedy Rauh will require 16 labor hours and a travel budget to attend.She will
be charged at the Junior Staff rate.
●Advisory Group Meeting #2 (Task 2.5),which was originally planned to be an in person
meeting,will be held virtually prior to the second Community Workshop.No budget
changes will be necessary.
●Sandy Meulners will no longer attend the second Community Workshop,which will be
held on Monday,December 4th.
●The Project Manager,Zakcq Lockrem,will attend the Wassail Weekend on Saturday,
December 2nd,which will require staying over a weekend.This adds an additional 8
hours labor and one day’s hotel and personal expenses.
Additional Services Compensation:
Additional Services -Labor $4,580
Subtotal $4,580
Reimbursable Budget $1,100
Total Fee $5,680
Fees and reimbursable costs shall be a maximum not-to-exceed and billed monthly as a
percentage of work completed or actual costs for additional services and reimbursable
expenses as defined herein.Work performed as part of this proposal will be in accordance
with the following approved rates (see Section D).
Reimbursable expenses are expenditures for the project made by Mend Collaborative in the
interest of the project.Reimbursable expenses include,but are not limited to travel expenses,
costs of printing and reproduction,engagement or other project-related supplies,postage,
services of professional consultants which cannot be quantified at the time of contracting,
and other,similar project–related expenditures.
Mend Collaborative will be compensated in full within thirty (30)days of the receipt of an
invoice.
●Hourly Rates for Key Staff:
Name Position Hourly Rate
Michelle Bright,SITES AP Partner $235
2744 Lyndale Avenue South
Minneapolis,MN 55408
612.702.2453
www.mendcollaborative.com
DocuSign Envelope ID: D881827E-9C42-4F2A-9590-1B92D56B2010
Sept 13,2023
Zakcq Lockrem,AICP Partner $235
Sandy Meulners,PLA Partner $235
Kari Spiegelhalter,PLA Partner $235
Staff Senior Staff $150
Staff Junior Staff $110
Staff Intern $60
Additional rates are available at the clients request.
●Exclusions to Scope of Services and Additional Services:
The following services are also excluded from scope unless explicitly included in Section A:
Scope of Work.:
1.Hosting of any website,MailChimp account,or other online resources,including social
media;direct email blasts,online forums,or media advisories or press releases,other
than as outlined in Section A.
2.Attendance at Boards and Commissions meetings and/or City Council and City
Council Committee meetings,other than as outlined in Section A.
3.LEED,SITES,or similar ratings systems documentation and accreditation.
4.Architectural services related to existing buildings.
5.Transportation engineering services or traffic control plans.
6.Preliminary engineering reports.
7.Additional services including but not limited to:
a.Work requested and or authorized by the Client not defined in the ‘Scope of
Work’or revisions and changes to Client approved drawings and the
preparation of alternatives or change orders requested by the Client.
b.Models,special renderings,promotional photography,special printing,special
equipment,special printed reports or publications,maps,and documents
requested by the Client,unless defined in a mutually agreed upon task order.
8.Client shall provide information as required for performance of the work.Mend
Collaborative assumes no responsibility for the accuracy of such information or
services and shall not be liable for errors or omissions therein.Should Mend
Collaborative be required to provide services in obtaining or coordinating compilation
of this information,such services shall be charged as additional services,other than
outlined in Section A.
a.Topography,boundary surveys and Legal descriptions of property
b.Existing site engineering and utility base information
2744 Lyndale Avenue South
Minneapolis,MN 55408
612.702.2453
www.mendcollaborative.com
DocuSign Envelope ID: D881827E-9C42-4F2A-9590-1B92D56B2010
Sept 13,2023
c.Soils Engineering,Geo-technical,and other Consultant services if required
d.Application and Permit Fees
e.GIS files and data,including taxation data
f.Meeting logistics
g.Printing
●Indemnification
To the fullest extent permitted by law,Client shall defend,indemnify and hold harmless the
Consultant,its parent and affiliates (and the officers,directors,employees,agents,and
invitees of any of them),its subcontractors and suppliers of any tier,from and against any and
all liabilities,losses,claims,demands,damages,(including,but not limited to those relating to
personal injury,death,property damage,workers’compensation,natural resource or
environmental liabilities and damages),costs,penalties,assessments,settlement sums,
attorney,consultant or expert fees,however the same may be caused,arising out of any
claims,causes of action,allegations,settlements or proceedings,whether or not litigation is
instituted,from any person or party,including any governmental agency,based on or
incurred in connection with,and to the extent caused by the negligence and/or breach by
Client of this Agreement.
●Jurisdiction and Termination:
The validity,interpretation,and performance of this Agreement shall be governed by the laws
of the jurisdiction where the Project is located.Titles,captions,or headings to any provision,
article,etc.,shall not limit the full contents of the same.These articles have the full force and
effect as if no titles existed.If any term or provision of this Agreement is determined to be
invalid,it shall not affect the validity and enforcement of the remaining terms and provisions
of this Agreement.
This Agreement shall be binding upon and inure to the benefit of the respective successors,
assigns and representatives of the parties herein.If the Client should decide to terminate this
Agreement,they shall give Mend Collaborative seven (7)days written notice and shall pay for
all services rendered to the date of termination.Mend Collaborative reserves the right to
terminate this contract upon fifteen (15)day notice if any amount billed to the client is greater
than ninety (90)days past due.
This Agreement shall only be amended or modified by written document executed by
authorized representatives of the Client and Mend Collaborative.This Agreement supersedes
all prior representations and agreements made by the parties regarding the subject matter
of this Agreement.IN WITNESS WHEREOF,the parties hereto have executed this Agreement
as of the day and year first above written:
2744 Lyndale Avenue South
Minneapolis,MN 55408
612.702.2453
www.mendcollaborative.com
DocuSign Envelope ID: D881827E-9C42-4F2A-9590-1B92D56B2010
Sept 13, 2023
●Signatures Page:
Client
Signature
Printed Name and Title
Date
Mend Collaborative
Signature
Zechariah Lockrem, Partner
Printed Name and Title
9-13-2023
Date
2744 Lyndale Avenue South
Minneapolis, MN 55408
612.702.2453
www.mendcollaborative.com
DocuSign Envelope ID: D881827E-9C42-4F2A-9590-1B92D56B2010
Scott McDonald Director
9/21/2023
Certificate Of Completion
Envelope Id: D881827E9C424F2A95901B92D56B2010 Status: Completed
Subject: ***Purchasing Approval*** 8147 Downtown Master Plan 1st Amendment
Source Envelope:
Document Pages: 8 Signatures: 4 Envelope Originator:
Certificate Pages: 5 Initials: 1 Christina Dormady
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
christina.dormady@cityofdenton.com
IP Address: 198.49.140.10
Record Tracking
Status: Original
9/20/2023 7:47:51 AM
Holder: Christina Dormady
christina.dormady@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Christina Dormady
christina.dormady@cityofdenton.com
Buyer
City of Denton
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(None)
Completed
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Sent: 9/20/2023 7:53:55 AM
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Signed: 9/20/2023 7:54:50 AM
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Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
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Signed: 9/20/2023 1:37:05 PM
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Zechariah Lockrem
zakcq@mendcollaborative.com
Partner
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Sent: 9/20/2023 1:37:07 PM
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Signed: 9/20/2023 3:02:18 PM
Electronic Record and Signature Disclosure:
Accepted: 9/20/2023 3:01:49 PM
ID: 874d21b1-2713-4628-b8b7-27ad6447f581
Scott McDonald
Scott.mcdonald@cityofdenton.com
Director
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Electronic Record and Signature Disclosure:
Accepted: 9/21/2023 7:06:38 AM
ID: 71282468-56dd-46bb-a6e6-62fdab275666
Signer Events Signature Timestamp
Christina Dormady
christina.dormady@cityofdenton.com
Buyer
City of Denton
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(None)
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Using IP Address: 198.49.140.10
Sent: 9/21/2023 7:07:23 AM
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Signed: 9/21/2023 7:36:29 AM
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Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
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Sent: 9/21/2023 7:36:31 AM
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Envelope Sent Hashed/Encrypted 9/20/2023 7:53:55 AM
Certified Delivered Security Checked 9/21/2023 7:36:21 AM
Signing Complete Security Checked 9/21/2023 7:36:29 AM
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Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Zechariah Lockrem, Scott McDonald
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