22-1497ORDINANCE NO. 22-1497
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPALCORPORATION, AUTHORIZING THE APPROVAL OF A FIRST AMENDMENT TO APROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON ANDFREESE AND NICHOLS, INC., AMENDING THE CONTRACT APPROVED BY
PURCHASING ON OCTOBER 8, 2021, IN THE NOT-TO-EXCEED AMOUNT OF $47,850.00;SAID FIRST AMENDMENT TO PROVIDE ADDITIONAL ON-CALL STORMWATER
SERVICES FOR THE CAPITAL PROJECTS/ENGINEERING DEPARTMENT; PROVIDINGFOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE
(FILE 7599-002 – PROVIDING FOR AN ADDITIONAL FIRST AMENDMENT EXPENDITUREAMOUNT NOT-TO-EXCEED $93,000.00, WITH THE TOTAL CONTRACT AMOUNT NOT-
TO-EXCEED $140,850.00).
WHEREAS, on October 8, 2021, Purchasing awarded a contract to Freese and Nichols, Inc.
in the amount of $47,850.00, for on-call stormwater services for the Capital Projects/Engineering
Department; and
WHEREAS, this procurement was undertaken as part of the City’s governmental
function; and
WHEREAS, the additional fees under the proposed First Amendment 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 First Amendment, increasing the amount of the contract between the City
and Freese and Nichols, Inc., which is on file in the office of the Purchasing Agent, in the amount of
Ninety-Three Thousand and 0/100 ($93,000.00) dollars, is hereby approved, and the expenditure of
funds therefor is hereby authorized in accordance with said amendment which shall be effective
upon the execution of the amendment attached hereto. The total contract amount increases to
$140,850.00.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
The mod,n t, ,pp„„, thi, „di„,„„ w„ m,d, by IZrihr, @„k and
seconded by \less e h' IS . This ordinance was passed and approved by the
following vote LL - L]:
Aye
K
1/
1/
P‘
W
pr
V/
Nay Abstain Absent
Mayor Gerard Hudspeth:Vicki Byrd, District 1 :Brian Beck, District 2:
Jesse Davis, District 3 :
Alison Maguire, District 4 :
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:
PASSED AND APPROVED thi, th, aha day of
iN
ATTEST:
ROSA RIOS, CITY SECRETARY A\\tII it tIl/
?# ‘az
APPROVED AS TO LEGAL FORM:MACK RErNWAND, CITY ATTORNEY
Digitally signed by MaKella
buNT : n = M a r c e 1 1 a L u n n p o
A Ton.com,-aJF––--–Date: 2022.07.20 09: 19:53
-05'OO'
JU\rb ::=iIIr=r:eIF;fun£n@dtyofde,„ \x#XkcaJi,\
DocuSign Envelope ID: 95DB5A13-D5DD4372-9819-5E76664553BF
DENTON
Docusign City Council Transmittal Coversheet
FILE E 7599-O02
File Name
Purchasing Contact Carl P ower
City C,,„,iI T„g,t D,t, AUGUST 2 ’ 2022
Not App11cab1 ePiggy Back Option
Contract Expiration
Ordinance
Stormwater Program Management - Amendment #1
N/A
22-1497
DocuSign Envelope ID: 95DB5AI 3-D5DD4372-9819-5E766@1553BF
FFRST AMENDMENT TO CONTRACTBY AND BETWEEN THE CITY OF DENTON, TEXASAND FREESE AND NICHOLS, INC.PSA 7599-002
THE STATE OF TEXAS §
§COUNTY OF DENTON
THIS FIRST AMENDMENT TO CONTRACT 7599-002 (“Amendment”) by and
between the City of Denton, Texas (“City”) and Freese and Nichols, Inc. (“Engineer”); to
that certain contract executed on October 8, 2021, in the original not-to-exceed amount of
$47,850 (the “Agreement”); for professional services related to on-call stormwater
ellglneerlrlg servIces.
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 $93,000 with this Amendment for an aggregate not-to-exceed
amount of $140,850; and
FURTHERMORE, the City deems it necessary to further expand the goods/services
provided by Engineer to the City;
NOW THEREFORE, the City and Engineer (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. This Amendment modifies the Agreement amount to provide an additional $93,000
for the additional services to be provided in accordance with the terms of the
Agreement with a revised aggregate not to exceed total of $140,850.
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.
IN WITNESS WHEREOF, the City and the Consultant, have each executed this
Amendment electronically, by and through their respective duly authorized representativesand officers on this date 08/02/2022
7599-002 PSA – Amendment #1 Page 1 of 2
DocuSign Envelope ID: 95DB5A13-D5DDz1372-9819-5E76664553BF
“CITY”“ENGINEER”
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
FREESE AND NICHOLS, WC.
V1 ce-President
:GNOR, TITLE
ATTEST:
ROSA RIOS, CITY SECRETARY
THIS AGREEMENT HAS BEENBOTH REVEEWED AND APPROVED
as to financial and operational
obligations and business terms.APPROVED AS TO LEGAL FORM:MACK REINWAND, CITY ATTORNEY
DoeuSlgn•d bF
By:1 M4rulIAlx'hhA
Rebecca Di vi ney
PRINTED NAME
D1 rector of Capita1 projects/cl ty EngineerTITLE
caplta1 Projects and EngineerIng
DEPARTMENT
7599-002 PSA – Amendment # 1 Page 2 of 2
Certificate Of Completion
Envelope Id: 95DB5AI 3D5DD437298195E76664553BF
Subject: Please DocuSign: City Council Contract 75994)02 Stormwater Program Management
Source Envelope:
Document Pages: 3
Certificate Pages: 6AutoNav: Enabled
Status: Completed
Signatures: 5
Initials: 1
Envelope Originator:
Cori Power
901 B Texas Street
Denton, TX 76209
cori.power@cityofdenton.com
IP Address: 198.49.140.104
Envelopeld Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
Record Tracking
Status: Original
7/18/2022 10:52:21 AM
B
Holder: CoN Power
cori.power@cityofdenton.com
Location: DocuSign
Signer Events
Ceri Power
cori.power@cityofdenton.com
Senior Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and SIgnature Disclosure:Not Offered via DocuSign
Signature Timestamp
Sent: 7/18/2022 10:58:00 AM
Viewed: 7/18/2022 10:58:08 AM
Signed: 7/1 8/2022 10:58:39 AM
Completed
Using IP Address: 198.49.140.104
Tabitha Millsop
Tabitha.Millsop@cityofdenton.com
Assistant Purchasing Manager
City of Denton
Security Level: Email, Account Authentication(None)
Sent: 7/1 8/2022 10:58:41 AM
Viewed: 7/1 8/2022 12:20:04 PM
Signed: 7/1 8/2022 12:20:13 PM
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Marcella Lunn
marcella.lunn@cityofdenton.com
Deputy City Attorney
City of Denton
Security Level: Email, Account Authentication(None)
p 1RNWFwI bF
IM&rtLthtAh&b
.48070&31&4AM38
Sent: 7/1 8/2022 12:20:15 PM
Viewed: 7/1 9/2022 10:58:25 AM
Signed: 7/1 9/2022 11 :05:05 AM
Signature Adoption: Pre-selected Style
Using IP Address: 47.24.6.135
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Scott Hubley
skh@freese.com
VicePresident
Security Level: Email, Account Authentication(None)
'DouWnd brI Scdt ttu£%
'D833E217BFF141F.
Sent: 7/1 9/2022 1 1 :05:07 AM
Resent: 7/1 9/2022 1:10:11 PM
Resent: 7/19/2022 2:59:04 PM
Resent: 7/1 9/2022 2:59:51 PM
Viewed: 7/19/2022 4:30:52 PM
Signed: 7/1 9/2022 4:31 :06 PM
Signature Adoption: Pre-selected Style
Using IP Address: 97.75.108.6
Electronic Record and Signature Disclosure:Accepted: 7/19/2022 4:30:52 PMID: 21c866ce-17374ce0-a6b2-56bc48f79734
Signer Events
Rebecca Diviney
Rebecca.Diviney@cityofdenton.com
Director of Capital Projects/City Engineer
Capital Projects/Engineering
Security Level: Email, Account Authentication(None)
Signature Timestamp
Sent: 7/1 9/2022 4:31 :07 PM
Viewed: 7/19/2022 4:36:56 PM
Signed: 7/1 9/2022 4:38:06 PM
Signature Adoption: Pre-selected Style
Using IP Address: 47.190.47.120
Signed using mobile
Electronic Record and Signature Disclosure:Accepted: 7/1 9/2022 4:36:56 PMID: 525df5cc-ad92-+536-ab5d-38ffbbb45e58
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Completed Sent: 7/1 9/2022 4:38:09 PM
Viewed : 8/2/2022 8:21 :15 AM
Signed: 8/2/2022 8:48:27 PMUsing IP Address: 198.49.140.104
Sara Hensley
sara.hensley@cityofdenton.com
City Manager
City of Denton
Security Level: Email, Account Authentication(None)
Sent: 8/2/2022 8:48:30 PM
Viewed: 8/2/2022 9:56:27 PM
Signed: 8/2/2022 9:56:32 PM
Signature Adoption: Pre-selected Style
Using IP Address: 47.184.83.229
Signed using mobile
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Rosa Rios
rosa.rios@cityofdenton.com
City Secretary
Security Level: Email, Account Authentication
(None)
'DoeuSlgned bIC
I Rgu R&+
,IC5CA8C5EI 75493.
Sent: 8/2/2022 9:56:35 PM
Viewed: 8/2/2022 10:08:49 PM
Signed: 8/2/2022 10:09:24 PM
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.104
Electronic Record and Signature Disclosure:Accepted: 8/2/2022 10:08:49 PMID:2ef91cb3-6544'tbfc-9c6a-a9936dlfd222
In Person Signer Events Signature
Status
Timestamp
Editor Delivery Events Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status
Status
Timestamp
Certified Delivery Events Timestamp
Carbon Copy Events
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Status Timestamp
Sent: 7/18/2022 10:58:41 AM
Viewed : 7/1 8/2022 1 1 :05:44 AM
Carbon Copy Events
Gretna Jones
gretna.jones@cityofdenton.com
Legal Secretary
City of Denton
Security Level: Email, Account Authentication(None)
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Status Timestamp
Sent: 7/1 9/2022 4:38:08 PM
Viewed: 7/1 9/2022 4:43:55 PM
City Secretary Office
citysecretary@cityofdenton.com
Security Level: Email, Account Authentication(None)
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Sent: 8/2/2022 10:09:26 PM
Viewed: 8/3/2022 8:12:16 AM
Michael Linder
Michael.Linder@cityofdenton.com
Security Level: Email, Account Authentication(None)
Electronic Record and Signature Disclosure:Accepted : 3/1 8/2021 6:04:59 PMID: lb14f858-2def44be-9950-3c27176578c1
Sent: 8/2/2022 10:09:27 PM
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication(None)
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Sent: 8/2/2022 10:09:28 PM
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events
F
Envelope Sent
Certified Delivered
Signing Complete
Completed
Status Timestamps
7/1 8/2022 10:58:00 AM
8/2/2022 10:08:49 PM
8/2/2022 10:09:24 PM8/2/2022 10:09:28 PM
IB
Hashed/Encrypted
Security Checked
Security Checked
Security Checked
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Scott Hubley, Rebecca Diviney, Rosa Rios, Michael Linder
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. Described below are the terms and conditions for
providing to you such notices and disclosures electronically through your DocuSign, Inc.
(DocuSign) Express user account. Please read the information below carefully and thoroughly,
and if you can access this information electronically to your satisfaction and agree to these terms
and conditions, please confirm your agreement by clicking the 'I agree’ button at the bottom ofthis document.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. For such copies, as long as you are an authorized user of the
DocuSign system you will have the ability to download and print any documents we send to you
through your DocuSign user account for a limited period of time (usually 30 days) after such
documents are first sent to you. After such time, if you wish for us to send you paper copies of
any such documents from our office to you, you will be charged a $0.00 per-page fee. You mayrequest delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosuresonly in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of suchpaper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign Withdraw Consent’ form on the signing page of yourDocuSign account. This will indicate to us that you have withdrawn your consent to receive
required notices and disclosures electronically from us and you will no longer be able to use yourDocuSign Express user account to receive required notices and consents electronically from us
or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provideelectronically to you through your DocuSign user account all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided ormade available to you during the course of our relationship with you. To reduce the chance of
you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have givenus. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact City of Denton:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: purchasing@cityofdenton.com
To advise City of Denton of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com
and in the body of such request you must state: your previous e-mail address, your new e-mail
address. We do not require any other information from you to change your email address..
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in DocuSign.
To request paper copies from City of Denton
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an e-mail to purchasing@cityofdenton.com and in
the body of such request you must state your e-mail address, full name, US Postal address, and
telephone number. We will bill you for any fees at that time, if any.To withdraw your consent with City of Denton
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent
page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you
must state your e-mail, full name, IS Postal Address, telephone number, and account
number. We do not need any other information from you to withdraw consent.. The
consequences of your withdrawing consent for online documents will be that transactions
may take a longer time to process..
Rl luired hardware and software
Operating Systems
Browsers (for SENDERS
Browsers (for SIGNERS):
I
lternet Explorer 6.0? or above
lternet Explorer 6.0?, Mozilla FireFox 1.0
NetScape 7.2 (or abovec
x
Email
Screen Resolution
Enabled Security Settings
•Allow per session cookies
•Users accessing the internet behind a Proxy
Server must enable Hmp 1.1 settings viaroxy connection
## These minimum requirements are subject to change. If these requirements change, we will
provide you with an email message at the email address we have on file for you at that time
providing you with the revised hardware and software requirements, at which time you will
have the right to withdraw your consent.
Acknowledging your access and consent to receive materials electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please verify that you
were able to read this electronic disclosure and that you also were able to print on paper or
electronically save this page for your future reference and access or that you were able to
e-mail this disclosure and consent to an address where you will be able to print on paper or
save it for your future reference and access. Further, if you consent to receiving notices and
disclosures exclusively in electronic format on the terms and conditions described above,
please let us know by clicking the 'I agree' button below.
By checking the ’I Agree' box, I confirm that:
• I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OFELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
• I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
• Until or unless I notify City of Denton as described above, I consent to receive from
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to me by City of Denton during the course of my relationship with you.