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18-2076ORDINANCE NO. 1$-2O%6 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, A TEXAS HOME-RULE MUNICIPAL CORPORATION, AUTHORIZING THE APPROVAL OF A THIRD AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND NELSON + MORGAN ARCHITECTS, INC., AMENDING THE CONTRACT APPROVED BY PURCHASING STAFF ON FEBRUARY 13, 2014, IN THE NOT-TO-EXCEED AMOUNT OF $24,840, AMENDED BY AMENDMENTS 1-2 APPROVED BY PURCHASING STAFF AND COUNCIL, SAID THIRD AMENDMENT TO PROVIDE ADDITIONAL DESIGN SERVICES OF 12 SERVICE BAYS AT FLEET MAINTENANCE IN THE AMOLTNT OF $139,871.88; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 5497 — PROVIDING FOR AN ADDITIONAL THIRD AMENDMENT EXPENDITURE AMOLTNT NOT-TO-EXCEED $139,871.88, WITH THE TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $342,819.97). WHEREAS, on February 13, 2014, Purchasing Staff awarded a Professional Services Agreement to Nelson + Morgan Architects, Inc., in the amount of $24,840 for design services for the Fleet Services Facility Expansion; and WHEREAS, on August 27, 2015, a first amendment to the contract was executed by the Purchasing Staff for additional design services on the Fleet Services Facility for the Solid Waste Department, totaling $20,073.09, and on October 18, 2016, the Council authorized a second amendment to the contract for Architectural, Structural, Mechanical and Engineering Design Services and authorized an additional $158,035 to the contract, for a total amount of the amended contract not to exceed $202,948.09; and WHEREAS, the Staff having recommended, and the City Manager having recommended to the Council that an amendment be authorized to amend such contract agreement to provide additional design services for 12 Service Bays at Fleet Services, and an increase in the payment amount, and said fees under the proposed contract are fair and reasonable and are consistent with and not higher than the recommended practices and fees applicable to the Provider's profession and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Third Amendment, increasing the amount of the contract between the City and Nelson + Morgan Architects, Inc., which is on file in the office of the Purchasing Agent, in the amount of One Hundred Thirty Nine Thousand Eight Hundred Seventy One and 88/100 ($139,871.88) Dollars, is hereby approved and the expenditure of funds therefor is hereby authorized in accordance with said amendment. The total contract amount increases to $342,819,97. SECTION 2. This ordinance shall become effective immediately upon its passage and �.....m_ approval. ��� to �� � ���c��� � �� ^� ordinance was ma The ordina ce �� �d The �������� � a � � Y .._ ` . �: .... ....__ seconded by ��'�,����_�����'� w� y�;�_ ,� ., � was �r �sed and approved by [I�a� 1��91���,v�i������v v��t��Cz� d ��.�...� ���_�.�� Mayor Chris Watts: Gerard Hudspeth, District 1: Keely G. Briggs, District 2: Don Duff, District 3: John Ryan, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: Aye Nay PASSED AND APPROVED this the ����`�'��. day of ATTEST: TF.NNTFF.R W A T.TF.R C C`TTV �RC' R F.T A R Y : APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY �� �� mm�� �°A` i �°'"'��'`�� �� ������W�'���� BY: _.�........�.�............�..�W..W..W..W..W.r---- �' � Abstain Absent � ......,,,... —........�� �,���� ������ � �� fP � � �� ,.� �� , �" �"� ���i���TTS, MAYOR DocuSign Envelope ID: F0172737-8E40-4CA9-A9B3-21DA781D4482 5ƚĭǒƭźŭƓ /źƷǤ /ƚǒƓĭźƌ ƩğƓƭƒźƷƷğƌ /ƚǝĻƩƭŷĻĻƷ CźƌĻ bğƒĻ tǒƩĭŷğƭźƓŭ /ƚƓƷğĭƷ /źƷǤ /ƚǒƓĭźƌ ğƩŭĻƷ 5ğƷĻ tźŭŭǤ .ğĭƉ hƦƷźƚƓ /ƚƓƷƩğĭƷ 9ǣƦźƩğƷźƚƓ hƩķźƓğƓĭĻ DocuSign Envelope ID: F0172737-8E40-4CA9-A9B3-21DA781D4482 THE STATE OF TEXAS § § COUNTY OF DENTON § THIRD AMENDMENT TO CONTRACT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND NELSON+MORGAN ARCHTECTS, INC. \[FILE NO. 5497\] THIS THIRD AMENDMENT TO CONTRACT (this Third between the City of Denton, Texas and Nelson+Morgan Architects, Inc. in the original not-to-exceed amount of $24,840 ; amended on August 27, 2015 in the additional amount of $20,073.09 aggregating a not-to-exceed amount of amount of $158,035 aggregating a not-to-Second Nelson+Morgan Facility Expansion project as is contained in the Agreement. WHEREAS, Nelson+Morgan has substantially completed the work called for in the Agreement, 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 $139,871.88 with this Third Amendment to further expand Fleet Services at the Business Service Center located at 804 Texas Street, for an aggregate not-to-exceed of $342,819.97. NOW THEREFORE, the CITY and Nelson+Morgan (hereafter collectively well as for other good and valuable considerations, do hereby AGREE to the following Third Amendment, which amends the following terms and conditions of the said Agreement, to wit: 1. Agreement are hereby amended to add the additional language as follows, to wit: 4. Third Amended Proposal. (Attachment A to the Third Amendment) 2. The provisions of Section IICompensation in the Agreement shall instead readThe total comprehensive not-to- exceed amount for this agreement shall be $342,819.97. 3. 1 DocuSign Envelope ID: F0172737-8E40-4CA9-A9B3-21DA781D4482 The Parties hereto agree, that except as specifically provided for by this Third 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 Third 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 Third Amendment electronically, 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 CITY OF DENTON, TEXAS business terms. A Texas Municipal Corporation _______________ ________________ By: ___________________________ SIGNATURE PRINTED NAME TODD HILEMAN CITY MANAGER __________________________________ TITLE __________________________________ DEPARTMENT ATTEST: JENNIFER WALTERS, CITY SECRETARY By: __________________________________ APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY By: ___________________________________ NELSON+MORGAN NELSON+MORGAN ARCHITECTS, INC. By: _________________________________ AUTHORIZED SIGNATURE, TITLE 2 DocuSign Envelope ID: F0172737-8E40-4CA9-A9B3-21DA781D4482 ATTACHMENT A · · · · o · · · · · · · · · DocuSign Envelope ID: F0172737-8E40-4CA9-A9B3-21DA781D4482 ATTACHMENT A · · · · · · · · · · · DocuSign Envelope ID: F0172737-8E40-4CA9-A9B3-21DA781D4482 ATTACHMENT A · DocuSign Envelope ID: F0172737-8E40-4CA9-A9B3-21DA781D4482 ATTACHMENT A · · · · · · · DocuSign Envelope ID: F0172737-8E40-4CA9-A9B3-21DA781D4482 ATTACHMENT A · · · · · · · DocuSign Envelope ID: F0172737-8E40-4CA9-A9B3-21DA781D4482 ATTACHMENT A · · · · · · · DocuSign Envelope ID: F0172737-8E40-4CA9-A9B3-21DA781D4482 ATTACHMENT A DocuSign Envelope ID: F0172737-8E40-4CA9-A9B3-21DA781D4482 ATTACHMENT A Certificate Of Completion Envelope Id: F01727378E404CA9A9B321DA781D4482Status: Completed Subject: Please DocuSign: City Council Contract 5497 Amendment 3 - Fleet Services Expansion Source Envelope: Document Pages: 11Signatures: 5Envelope Originator: Certificate Pages: 6Initials: 0Jamie Cogdell AutoNav: Enabled901B Texas Street EnvelopeId Stamping: EnabledDenton, TX 76209 Time Zone: (UTC-06:00) Central Time (US & Canada)Jamie.Cogdell@cityofdenton.com IP Address: 129.120.6.150 Record Tracking Status: OriginalHolder: Jamie CogdellLocation: DocuSign 11/19/2018 3:01:08 PM Jamie.Cogdell@cityofdenton.com Signer EventsSignatureTimestamp Jamie CogdellSent: 11/19/2018 3:01:54 PM Completed jamie.cogdell@cityofdenton.comViewed: 11/19/2018 3:02:08 PM Senior BuyerSigned: 11/19/2018 3:02:54 PM Using IP Address: 129.120.6.150 City Of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Mack ReinwandSent: 11/19/2018 3:02:56 PM mack.reinwand@cityofdenton.comViewed: 11/19/2018 3:32:55 PM City of DentonSigned: 11/19/2018 3:33:03 PM Security Level: Email, Account Authentication Signature Adoption: Pre-selected Style (None) Using IP Address: 129.120.6.150 Electronic Record and Signature Disclosure: Not Offered via DocuSign Alan NelsonSent: 11/19/2018 3:33:04 PM anelson@nelsonmorgan.comViewed: 11/19/2018 5:10:43 PM PrincipalSigned: 11/20/2018 4:27:49 PM Nelson+Morgan, Architects Signature Adoption: Pre-selected Style Security Level: Email, Account Authentication Using IP Address: 47.190.52.65 (None) Electronic Record and Signature Disclosure: Accepted: 11/1/2017 11:54:05 AM ID: 977b6064-9dc1-48d4-812b-30eebd2dedcd Mario CanizaresSent: 11/20/2018 4:27:51 PM mario.canizares@cityofdenton.comResent: 11/26/2018 12:27:18 PM Assistant City ManagerViewed: 11/20/2018 5:33:42 PM Security Level: Email, Account Authentication Signed: 11/26/2018 2:31:45 PM Signature Adoption: Pre-selected Style (None) Using IP Address: 174.206.27.182 Signed using mobile Electronic Record and Signature Disclosure: Accepted: 11/26/2018 2:31:39 PM ID: 73255fe6-41b9-4e91-a94c-61f4163e93fa Signer EventsSignatureTimestamp Tabitha MillsopSent: 11/26/2018 2:31:47 PM Completed tabitha.millsop@cityofdenton.comViewed: 12/12/2018 9:30:03 AM City of DentonSigned: 12/12/2018 9:30:25 AM Using IP Address: 129.120.6.150 Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Todd HilemanSent: 12/12/2018 9:30:28 AM Todd.Hileman@cityofdenton.comViewed: 12/12/2018 9:31:50 AM City ManagerSigned: 12/12/2018 9:31:57 AM City of Denton Signature Adoption: Pre-selected Style Security Level: Email, Account Authentication Using IP Address: 47.190.47.120 (None) Signed using mobile Electronic Record and Signature Disclosure: Accepted: 7/25/2017 11:02:14 AM ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21 Jennifer WaltersSent: 12/12/2018 9:31:59 AM jennifer.walters@cityofdenton.comViewed: 12/13/2018 9:00:56 AM City SecretarySigned: 12/13/2018 9:01:33 AM City of Denton Signature Adoption: Pre-selected Style Security Level: Email, Account Authentication Using IP Address: 129.120.6.150 (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer EventsSignatureTimestamp Editor Delivery EventsStatusTimestamp Agent Delivery EventsStatusTimestamp Intermediary Delivery EventsStatusTimestamp Certified Delivery EventsStatusTimestamp Carbon Copy EventsStatusTimestamp Sherri ThurmanSent: 11/19/2018 3:02:55 PM sherri.thurman@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jane RichardsonSent: 12/12/2018 9:30:27 AM jane.richardson@cityofdenton.comViewed: 12/12/2018 9:57:41 AM Assistant City Secretary City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Carbon Copy EventsStatusTimestamp Jennifer BridgesSent: 12/13/2018 9:01:35 AM jennifer.bridges@cityofdenton.com Procurement Assistant City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jane RichardsonSent: 12/13/2018 9:01:36 AM jane.richardson@cityofdenton.comViewed: 12/13/2018 11:53:16 AM Assistant City Secretary City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Dawn WilsonSent: 12/13/2018 9:01:37 AM dawn.wilson@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Notary EventsSignatureTimestamp Envelope Summary EventsStatusTimestamps Envelope SentHashed/Encrypted12/13/2018 9:01:37 AM Certified DeliveredSecurity Checked12/13/2018 9:01:37 AM Signing CompleteSecurity Checked12/13/2018 9:01:37 AM CompletedSecurity Checked12/13/2018 9:01:37 AM Payment EventsStatusTimestamps 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 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