2016-329ORDINANCE •
. 2016-329
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A SECOND AMENDMENT TO A PROFESSIONAL SERVICES
AGREEMENT BY AND BETWEEN THE
'� CITY(' O7F DENTON,
7('TEXAS AND
(NELSON +
MORGAN ARCHITECTS, INC. FOR ARCHITECTURAL, STRUCTURAL, MECHANICAL,
AND ENGINEERING DESIGN SERVICES TO SUPPORT THE DESIGN OF THE NEW CITY
OF DENTON FLEET SERVICES ANNEX FACILITY TO BE LOCATED AT 1527 SOUTH
MAYHILL ROAD; PROVIDING AN EFFECTIVE DATE (FILE NO. 5497 IN THE ADDITIONAL
AMOUNT NOT -TO -EXCEED $158,035.00; AGGREGATING A TOTAL NOT -TO -EXCEED
$202,948.09).
WHEREAS, on February 14, 2014, the City awarded a Professional Services Agreement for
Architect or Engineering Services (hereafter the "Agreement") to Nelson + Morgan Architects, Inc.,
Denton, Texas, in the amount of $24,840 for professional engineering services regarding the design
of the City of Denton's Fleet Services Facility Expansion; said Agreement was approved by the City
of Denton Purchasing staff in accordance with their authority; and
WHEREAS, on August 27, 2015, City of Denton Purchasing staff approved the further
amount of $20,073.09 aggregating a not -to -exceed amount of $44,913.09 for additional services to
be rendered on the Fleet Services Facility Expansion Project for the Solid Waste Department of the
City; said Agreement was approved by the City of Denton Purchasing staff in accordance with their
authority; and
WHEREAS, there appears to the Council that further professional services must be
completed in order to move the Facility Expansion Project forward to completion; and Staff having
recommended, the Public Utilities Board having approved, and the City Manager having
recommended to the Council that the "Second Amendment to Professional Services Agreement with
Nelson + Morgan Architects, Inc., (hereafter the 66Second Amendment") be authorized to amend
such Agreements, with respect to the scope of work and an increase in the payment amount by
$158,035.00; and said fees under the proposed Second Amendment 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
maximum provided by law; NOW, THEREFORE,
SECTION 1. 'ITh : City Manager is licreby aarthorizcd to eater into the "Second Amendment
to Professional Services Agreement" with Nelson + Morgan Architects, Inc., (the "Second
Amendment"), in substantially the form that is attached hereto as Exhibit "A" and incorporated
herewith by reference, which increases the amount of the engagement by and between the City of
Denton, Texas and Nelson + Morgan Architects, Inc., which Agreement is on file in the office of the
Purchasing Agent, in the additional amount of $158,035, which amount is hereby approved; and the
expenditure of funds therefor is hereby authorized in accordance with said Second Amendment. The
total purchase order amount therefore increases to the amount of not -to -exceed $202,948.09.
SECTION 2. The City Council of the City of Denton, Texas hereby expressly delegates the
authority to expend funds and to take any actions that may be required or permitted to be performed
by the City of Denton, Texas under File 5497, to the City Manager of the City of Denton, Texas, or
his designee.
SECTION 3. The recitations and statements contained in the preamble hereto are
incorporated herewith as a part of this Ordinance for all purposes.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the kc� dayof QC±gLa4a,20143
Z'
CHRISv,aTTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:_
t -r --- V
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
DocuSign Envelope ID: 4041810F-E3A8-44FE-8235-37AF55E76B39
THE STATE OF TEXAS §
§
COUNTY OF DENTON §
SECOND AMENDMENT TO CONTRACT
BY AND BETWEEN THE CITY OF DENTON, TEXAS
AND NELSON+MORGAN ARCHTECTS, INC.
\[FILE NO. 5497\]
THIS SECOND AMENDMENT TO CONTRACT (hereafter the “Second
Amendment”) to that certain Contract by and between the City of Denton, Texas and
Nelson+Morgan Architects, Inc. (hereafter the “Agreement”) in the original not-to-exceed
amount of $24,840, which was heretofore executed on February 13, 2014, and was
approved within the delegated authority of the City of Denton Purchasing Agent; and said
Agreement was heretofore entered into by and between the City of Denton, Texas, a Texas
Municipal Corporation with its offices at 215 East McKinney Street, Denton, Texas 76201
(hereafter the “CITY”); and the firm of Nelson+Morgan Architects, Inc. (hereafter
“Nelson+Morgan”) with its offices at 2717 Wind River Lane, Suite 230, Denton, Texas
76210; and
The original Agreement provided for Nelson+Morgan’s services related to the
architectural and engineering design services for the City of Denton’s Fleet Services
Facility Expansion project as is contained in Attachment (a) of the original Agreement.
Upon completion of the original services, it was deemed necessary to request additional
design services in the amount of $20,073.09. Further, additional services to be performed
by Nelson+Morgan are contained in Attachment “b” of this Second Amended Agreement.
Nelson+Morgan has substantially completed the work called for in the original
Agreement and First Amendment; and the City deems it necessary to further expand the
services provided by Nelson+Morgan to the CITY, and to provide an additional not-to-
exceed amount $158,035, for an aggregate of $202,948.09, for the additional required
services.
NOW THEREFORE, the CITY and Nelson+Morgan (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
Second Amendment, which amends the following terms and conditions of the said
Agreement, to wit:
1.
The provisions of Section III. “Entire Agreement” of the original agreement are
hereby amended to add the additional language as follows, to wit:
“3. Contractor’s Second Amended Proposal. (Attachment B)
2.
1
DocuSign Envelope ID: 4041810F-E3A8-44FE-8235-37AF55E76B39
The provisions of Section II. “Compensation” in the Agreement shall instead
read, “The total comprehensive not-to-exceed amount for this agreement shall be
$202,948.09.” The number $24,840 contained on the original Agreement at the same
location is hereby removed.
3.
The Parties hereto agree, that except as specifically provided for by this Second
Amendment, that all of the terms, covenants, conditions, agreements, rights,
responsibilities, and obligations of the Parties, set forth in both the Agreement and now the
Second Amendment shall be, and will remain in full force and effect.
IN WITNESS WHEREOF, the City of Denton, Texas and Nelson+Morgan, have
each executed this Second 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: __________________________________
HOWARD MARTIN
INTERIM CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: __________________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By: ___________________________________
“NELSON+MORGAN”
NELSON+MORGAN ARCHITECTS, INC.
By: _________________________________
AUTHORIZED SIGNATURE, TITLE
2
DocuSign Envelope ID: 4041810F-E3A8-44FE-8235-37AF55E76B39
ATTACHMENT B
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ATTACHMENT B
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ATTACHMENT B
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ATTACHMENT B
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ATTACHMENT B
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ATTACHMENT B
Certificate Of Completion
Envelope Id: 4041810FE3A844FE823537AF55E76B39Status: Completed
Subject: City Council Docusign Item - 5497 Second Amendment to Nelson+Morgan PSA
Source Envelope:
Document Pages: 9Signatures: 4Envelope Originator:
Certificate Pages: 6Initials: 0Rebecca Hunter
AutoNav: Enabledrebecca.hunter@cityofdenton.com
EnvelopeId Stamping: EnabledIP Address: 129.120.6.150
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
Record Tracking
Status: OriginalHolder: Rebecca HunterLocation: DocuSign
9/2/2016 1:04:34 PM rebecca.hunter@cityofdenton.com
Signer EventsSignatureTimestamp
Rebecca HunterSent: 9/2/2016 1:07:53 PM
Completed
rebecca.hunter@cityofdenton.comViewed: 9/2/2016 1:08:03 PM
Senior BuyerSigned: 9/2/2016 1:08:58 PM
Using IP Address: 129.120.6.150
City of Denton
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
ID:
Alan NelsonSent: 9/2/2016 1:09:00 PM
anelson@nelsonmorgan.comResent: 9/7/2016 9:00:13 AM
Security Level: Email, Account Authentication Viewed: 9/8/2016 5:24:00 AM
(Optional)
Signed: 9/8/2016 5:24:15 AM
Using IP Address: 71.123.192.85
Electronic Record and Signature Disclosure:
Accepted: 9/8/2016 5:24:00 AM
ID: 41860843-1a9d-4585-b413-37a0e2089f30
John KnightSent: 9/8/2016 5:24:18 AM
john.knight@cityofdenton.comResent: 10/13/2016 8:07:24 AM
Deputy City AttorneyResent: 10/13/2016 8:07:39 AM
City of DentonViewed: 10/13/2016 8:08:27 AM
Using IP Address: 129.120.6.150
Security Level: Email, Account Authentication Signed: 10/13/2016 8:08:58 AM
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
ID:
Julia WinkleySent: 10/13/2016 8:09:01 AM
Completed
julia.winkley@cityofdenton.comViewed: 10/21/2016 6:23:11 AM
Contracts Administration SupervisorSigned: 10/21/2016 6:23:31 AM
Using IP Address: 129.120.6.150
City of Denton
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
ID:
Signer EventsSignatureTimestamp
Howard MartinSent: 10/21/2016 6:23:35 AM
howard.martin@cityofdenton.comViewed: 10/21/2016 2:22:32 PM
Interim City ManagerSigned: 10/21/2016 2:22:59 PM
City of Denton
Using IP Address: 129.120.6.150
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
ID:
Jennifer WaltersSent: 10/21/2016 2:23:01 PM
jennifer.walters@cityofdenton.comViewed: 10/24/2016 9:31:15 AM
City SecretarySigned: 10/24/2016 9:31:31 AM
City of Denton
Using IP Address: 129.120.6.150
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
ID:
In Person Signer EventsSignatureTimestamp
Editor Delivery EventsStatusTimestamp
Agent Delivery EventsStatusTimestamp
Intermediary Delivery EventsStatusTimestamp
Certified Delivery EventsStatusTimestamp
Carbon Copy EventsStatusTimestamp
Julia WinkleySent: 9/8/2016 5:24:16 AM
julia.winkley@cityofdenton.comViewed: 9/8/2016 5:46:08 AM
Contracts Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
ID:
Sherri ThurmanSent: 9/8/2016 5:24:17 AM
sherri.thurman@cityofdenton.com
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
ID:
Jane RichardsonSent: 10/21/2016 6:23:33 AM
jane.richardson@cityofdenton.comViewed: 11/14/2016 7:19:57 AM
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
ID:
Robin FoxSent: 10/21/2016 6:23:33 AM
Robin.fox@cityofdenton.comViewed: 10/21/2016 2:09:37 PM
Security Level: Email, Account Authentication
(Optional)
Carbon Copy EventsStatusTimestamp
Electronic Record and Signature Disclosure:
Accepted: 10/9/2015 11:39:51 AM
ID: 04463961-03db-4c4d-9228-d660d6146ed6
Jennifer BridgesSent: 10/24/2016 9:31:33 AM
jennifer.bridges@cityofdenton.comViewed: 10/25/2016 7:55:13 AM
Procurement Assistant
City of Denton
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
ID:
Jane RichardsonSent: 10/24/2016 9:31:34 AM
jane.richardson@cityofdenton.com
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
ID:
Herman LawsonSent: 10/24/2016 9:31:35 AM
herman.lawson@cityofdenton.comViewed: 10/31/2016 5:45:21 AM
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Accepted: 8/11/2015 1:16:56 PM
ID: c1ff2170-cbcd-401e-ab74-8bd3b4e69c87
Notary EventsTimestamp
Envelope Summary EventsStatusTimestamps
Envelope SentHashed/Encrypted10/24/2016 9:31:35 AM
Certified DeliveredSecurity Checked10/24/2016 9:31:35 AM
Signing CompleteSecurity Checked10/24/2016 9:31:35 AM
CompletedSecurity Checked10/24/2016 9:31:35 AM
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