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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 · · · · · · · o o o o DocuSign Envelope ID: 4041810F-E3A8-44FE-8235-37AF55E76B39 ATTACHMENT B · · · · · · · · · · · · · · · DocuSign Envelope ID: 4041810F-E3A8-44FE-8235-37AF55E76B39 ATTACHMENT B o o o o · · · · · · o o o o o o o o o o o o · · · · DocuSign Envelope ID: 4041810F-E3A8-44FE-8235-37AF55E76B39 ATTACHMENT B · · · · · · · · · · · · · · · · · · DocuSign Envelope ID: 4041810F-E3A8-44FE-8235-37AF55E76B39 ATTACHMENT B · · · · · · · DocuSign Envelope ID: 4041810F-E3A8-44FE-8235-37AF55E76B39 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 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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