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24-645ORDINANCE NO. 24-645 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL CORPORATION, AUTHORIZING THE APPROVAL OF A SIXTH AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND NELSON + MORGAN ARCHITECTS, INC., AMENDING THE CONTRACT APPROVED BY PURCHASING ON FEBRUARY 13, 2014, IN THE NOT-TO-EXCEED AMOUNT OF $24,840.00, AMENDED BY AMENDMENTS 1-5 APPROVED BY PURCHASING AND CITY COUNCIL, SAID SIXTH AMENDMENT TO PROVIDE ADDITIONAL DESIGN SERVICES FOR THE BASE PROJECT AND ADDITIONAL DESIGN SERVICES OF THE HVAC SYSTEM AT FLEET MAINTENANCE; PROVDING FOR THE EXPENDITURE OF FUNDS THEREFOR: AND PROVIDING AN EFFECTIVE DATE (FILE 5497 – PROVIDING FOR AN ADDITIONAL SD<TH AMENDMENT EXPENDITURE AMOUNT NOT-TO-EXCEED $ 171,299.00, WITH THE TOTAL CONTRACT AMOUNT NOT-.TO-EXCEED $541,698.97). WHEREAS, on February 13, 2014, Purchasing awarded a Professional Services Agreement to Nelson + Morgan Architects, Inc., in the amount of $24,840.00 for design services for the Fleet Services Facility Expansion; and WHEREAS, on August 27, 2015, Purchasing awarded a First Amendment to Nelson + Morgan Architects, Inc., in the amount of $20,073.09, for additional design services for the Fleet Services Facility for the Solid Waste Department; and WHEREAS, on October 18, 2016, by Ordinance No. 2016-329, City Council awarded a Second Amendment to Nelson + Morgan Architects, Inc ., in the amount of $158,035.00, to provide additional design services for 12 service bays at Fleet Maintenance; and WHEREAS, on December 11, 2018, by Ordinance No. 18-2076, City Council awarded a Third Amendment to Nelson + Morgan Architects, Inc., in the amount of $139,871.88, to provide additional design services for 12 service bays at Fleet Maintenance; and WHEREAS, on April 23,2021, Purchasing awarded a Fourth Amendment to Nelson + Morgan Architects, Inc., in the amount of $9,320.00, to provide additional design services for 12 service bays at Fleet Maintenance; and WHEREAS, on May 24, 2021, Purchasing awarded a Fifth Amendment to Nelson + Morgan Architects, Inc., in the amount of $18,260.00, to provide additional design services for 12 service bays at Fleet Maintenance; and WHEREAS, this procurement was undertaken as part of the City’s governmental function; and WHEREAS, the additional fees under the proposed Sixth 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 Sixth 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 Seventy-One Thousand Two Hundred Ninety-Nine and 0/100 ($171,299.00) Dollars, is hereby approved, and the expenditure of funds therefor is hereby authorized in accordance with said amendment which shall be attached hereto. The total contract amount increases to $541,698.97. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by Brt,.'~ Bc,. K _ and seconded by B r+vJ eA e .\_\ u mLb ac . This ordinance was passed and approved by the following vote U - n : Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : IZ J J ,y a &d ./ Brian Beck. District 2: Paul Meltzer, District 3 : Joe Holland. District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: -, P.) PASSED AND APPROVED this the a dayof RfI (_, 2024. ERARD HUDSA ATTEST: JESUS SALAZAR, CITY SECRETARY APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY IDigitally signed by Marcella Lunn DN: dc=com, dc=cityofdenton, dc=codad, ou=Department Users and Groups, ou=General Government, ou=Legal, cn=Marcella Lunn, email=Marcella.Lunn@cityofdent on .com Date: 2024.03.08 13:06:30 -06'00' BY: XXIku IIIA \\xhr\ DocuSign Envelope ID: C556B104-FFE9J19DC-827E-B065DD40D02D DENTON Docusign City Council Transmittal Coversheet 5497 File Name ; !!?!,s=:ISS:,{a;Zllty ExpansIon Purchasing Contact c orl p ower City Council Target Date APRIL 2 ’ 2024 11 cab1 ePiggy Back Option Contract Expiration Ordinance PSA Not App N/A 24-645 DocuSign Envelope ID: C556B104-FFE949DC427E-B065DD40D02D THE STATE OF TEXAS § § §COUNTY OF DENTON SIXTH AMENDMENT TO CONTRACT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND NELSON+MORGAN ARCHTECTS, INC. PSA 5497 THIS SIXTH AMENDMENT TO CONTRACT (this “Sixth Amendment”) by and between the City of Denton, Texas (the “City”) and Nelson+Morgan Architects, Inc. ('Nelson+Morgan“)to that certain Contract executed on February 13, 2014, in the original not-to-exceed amount of $24,840 (the “Original Agreement“); amended on August 27, 2015 in the additional amount of $20,073.09 aggregating a not-to-exceed amount of $44,913.09 (the “First Amendment”); amended on October 18, 2016 in the additional amount of $158,035 aggregating a not-to-exceed amount of $202,948.09 (the “Second Amendment”); amended on December 11, 2018 in the additional amount of $ 139,871.88 aggregating a not-to-exceed amount of $342,819.97 (the “Third Amendment”); amended on April 23, 2021 in the additional amount of $9,320.00 aggregating a not-to-exceed amount of $352,139.97 (the “Fourth Amendment”); amended on May 24, 2021 in the additional amount of $18,260.00 aggregating a not-to-exceed amount of $370,399.97 (the “Fifth Amendment”) (collectively, the Original Agreement, the First Amendment, the Second Amendment, the Third Amendment, the Fourth Amendment, and the Fifth Amendment are the “Agreement”) for services related to the architectural and engineering design services for the Fleet Services Facility Expansion project. WHEREAS, the City deems it necessary to further expand the services provided by Architect to the City pursuant to the terms of the Agreement, and to provide an additional not-to-exceed amount $171,299.00 with this Amendment for an aggregate not-to-exceed amount of 8541,698.97; and FURTHERMORE, the City deems it necessary to fUrther expand the goods/services provided by Architect to the City; NOW THEREFORE, the City and Architect (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.The additional services described in Exhibit “A“ of this Amendment, attached hereto and incorporated herein for all purposes, for professional services related to the Fleet Services Facility Expansion project, are hereby authorized to be performed by Architect. For and in consideration of the additional services to be performed by Architect, the City agrees to pay, based on the cost estimate detail attached as Exhibit “A”, a total fee, including reimbursement for non-labor expenses an amount not to exceed $171,299.00. 5497 PSA – Amendment #6 Page 1 of 2 DocuSign Envelope ID: C556BI C)4-FFE949DC427E-B065DD40D02D 2. This Amendment modifies the Agreement amount to provide an additional $ 171,299.00 for the additional services with a revised aggregate not to exceed total of $541 ,698.97. 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 Architect, have each executed this Amendment electronically, by and through their respective duly authorized representatives and officers on this date “ARCHITECT”“CITY“ NELSON+MORGAN ARCHTECTS, INC r–DoeuSlgned by: By:1 wn President At:YrH8Rl?Hi'SIGNATURE, TITLE CITY OF DENTON, TEXAS A Texas Municipal Corporation -”[J:I;::„&mW%F„I=ii APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY ATTEST: JESUS SALAZAR, CITY SECRETARY IMS gaIA'Jar DocuSigned by: THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. Trevor Cra1 n, PMP PRNTED NAME Director of Capita1 Projects TITLE Erlglneer1 ng Serv1 ces DEPARTMENT 5497 PSA – Amendment #6 Page 2 of 2 DocuSign Envelope ID: C556B104-FFE949DC-827E-B065DD40D02D NELSON + MORGAN RC HIT ECTS INC October 5, 2023 Exhiblt A Aaron Skinner Project Manager City of Denton Via email: aaron.skinner@cityofdenton.com Ft E :Fleet Services Expansion Additional Services – HVAC installation in Existing building, PR#6, PR#7, PR#8, PR#9, PR#11, Construction Administration NMA Project No. 18014 City of Denton PSA 5497 Aaron, below are the Additional Services necessary for us to design the HVAC system for the Fleet Services Expansion. I have also included the additional services for PR#6, PR#7, PR#8, PR#9, PR#11, and construction administration services. Architectural Proposal for HVAC Installation in Existing Building 1. Introduction: We are pleased to submit our proposal for the addition of HVAC units to the existing building in compliance with the 2021 Energy Code. This will entail wall and ceiling insulation upgrades, structural designs for roof-mounted unit placements, and an informed opinion on probable costs. The existing HVAC systems will remain as they are. 2. Project Scope: 2.1 HVAC Installation - Evaluate current ventilation and thermal needs - Selection of compatible HVAC units. - Identification of installation sites, ensuring minimal disruption. 2.2 Insulation Upgrade: - Selection and installation of wall and ceiling insulation materials, as mandated by the 2021 Energy - Selection of suitable insulation materials based on regional requirements and building characteristics. Code 2.3 Structural Considerations: - Structural assessment of the existing roof to ensure its capability to support new HVAC units. - Designing reinforcements or load redistributions, if necessary. 3. Opinion of Probable Cost: a ArchItects • Planners • InterIor DesIgn •2717 VUrxi RIver Lula. Ste 230 Denton. Texas 76210 940.566.0266 Fax 940.566 0223 DocuSign Envelope ID: C556B104-FFE9't9DC;-827E-B065DD40D02D Proposal – Fleet Services Additional ServicesOctober 5, 2023 Page 2 of 4 An itemized estimation will include: - Costs of HVAC equipment and their installation. - Insulation material and associated installation expenses. - Structural modifications, if required. - Additional expenses like electrical, plumbing, or ductwork adjustments. - Contingencies. 4. Additional Services (As Additive Alternates at the City of Denton’s Option): 4.1 Permitting: - Coordination with local authorities - Submission of necessary documents and designs for permit approvals. - Attending city meetings or reviews if required. 4.2 Construction Administration: - Coordination and quality control with contractors. - Regular site inspections over an assumed duration of six months. - Handling issues and offering timely resolutions. - Reviewing and validating contractor's applications for payment. - Overseeing the completion, including certificates, warranties, and the handover process. 5. Timeline: - Site Surveying: 1 week. - Construction Documents: 6 weeks - Construction Administration: assume 6 months (if opted for by the City of Denton) 6. Architect’s Scope of Services: Inclusions: - Site survey and data collection. - Wall and ceiling insulation recommendations and design. - Coordination with HVAC, and structural consultants. - Production of construction documents, including drawings and specifications. - Regular coordination meetings with the client and associated contractors. Exclusions: - HVAC equipment or insulation material procurement. - Fees for any third-party testing or inspections. - Electrical or plumbing alterations not directly associated with the HVAC installation. - Ongoing maintenance or post-warranty repairs of the HVAC system. 8. Next Steps: Please review and share feedback or modifications required. Upon agreement, we’ll commence with the site surveying and move forward as per the mentioned timeline. B ArchItects a Planners • InterIor DesIgn •271 7 VUrx] River Lule. Ste 230 Denton, Texas 76210 a DocuSign Envelope ID: C556B104-FFE949DC-827E.B065DD40D02D Proposal – Fleet Services Additional ServicesOctober 5. 2023 Page 3 of 4 EEITIONAL SERVICES - Fbet SaNk>es HVAC RIsk> Sovk)as Arch MEP StTUctura $ 1 5.000,00 $ 38.000.00 $ 2,500,00 $ 3.000.00 TOTAL BASIC SERVICES d Nternate SeNkies $58,500.00 $ $ 1 5,000.00 $ 7.500.00 PR #6 – Access Control DDITIONAL SERVICES - PR #6 ACCESS Basc Services SPM30,5 hrs $ 100.00 /hrDrafting $ 200.00 /hrhrs $ 4.026,00 Subconsu Fta nts HPMB Lobsinger & Potts 'OTAL ADDITIONAL SERVICE PR#7, #8, #9 - Compressor, Oil Distribution, IDF Usb SeInes IPR #7 CanDles80r $ $Project Manager 1 1 9.75 $4Dra i PR #8 Ol DBtrlbutlan mBa S 200 /hrhrs 2.607 111 S 132 /hrhrs IC)0 /hr400 11 hrs 3.207 PR #9 IDFmInT;S $ 132 /hr S1 .452 16 hrs $ 100 /hr1 00 hrs 31 .652 hrs $ 1 70 /hr S 20% $ 1 ,360 $ 11.367 3 hrs $ 170 /hIS $ 510 20% $ 1 02 1.5041 ,652 'OTALmDmONAL SERVICE 14.523 • ArchItects • Planners • InterIor DesIgn •2717 Wrxi RIver Lure. Ste 230 Denton, Texas 76210 9 DocuSign Envelope ID: C556BIC)4-FFE9'+9DC-827E-B065DD40D02D Proposal – Fleet Services Additional ServicesOctober 5. 2023 Page 4 of 4 PR#11 - Wash Bay Equipment s A $ 132,00 ar $ 100.00 Dr $ 200.00 Or $ 1 .056,00 HPMB Principal Design Engineer DrafHng LobetIger & FKitts markup 1 hrs 4 hrs 1 hrs 220.00 1 70.00 95.00 20c70 $ S $ $ 220,00 680.00 95.00 1 99,00 2.250.00T Construction Administration ONaTIONALcob6TRUcnoNVIa a bn 6/1 ,122-5122123 OAC O's/Punch a 3.50 32.75 258 ,50 Staff $162.00 $ 6,173.00 $ 42.644.00 $ 49.979.00 3.00 0.75OAC Meetings Submittal Review//61's/PCO's/PurICh 3.00 48,71 21 .00 1 28.25 $ 3.447,00 $ 26.671,00 $ 30,118.00 Rate 200 /hr 132 /hr 100 /hr $ 11 4,097 Additional Services Summary ADDITIONAL SERVICES - FLEEr SERVICES HVAC PR#6 - Access Control PR#7 - Compressor PR#8 - Ol Dlstrlbutk>n PR#9 - IDF PR#1 1 - Wash Bay Go Btratk>nIn IIIA 8£M $4,026.00 $ 11,367,00 $1 .652,00 $1 ,504.00 $2,250.00 $ 66,000.00 TaMEpIIl[•MFiiRvlc:3 $ 1/ilIEgal!! If you have any questions, please don't hesitate to give me a call. dent a ArchItects • Planners • InterIor DesIgn •2737 VUrx] lava Late, Ste 230 Denton. Texas 76210 0 a [X>cuSign Certificate Of Completion Envelope Id: C556B104FFE949DC827EB065DD40D02D Subject: Please DocuSign: City Council Contract 5497 Fleet Services Source Envelope: Status: Completed Facility Expansion Design Amendment #6 Document Pages: 7 Certificate Pages: 6 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) Signatures: 5 Initials: 1 Envelope Originator: Cori Power 901B Texas Street Denton, TX 76209 cori.power@cityofdenton.com IP Address: 198.49.140.104 Record Tracking Status: Original 2/29/2024 6:55:34 PM Holder: Cod Power cori.power@cityofdenton.com Location: DocuSign Signer Events Ceri Power cori.power@cityofdenton.com Purchasing Supervisor City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Signature Timestamp Sent: 2/29/2024 7:01 :36 PM Viewed: 2/29/2024 7:01 :45 PM Signed: 2/29/2024 7:02:06 PM Completed Using IP Address: 198.49.140.104 Lori Hewell lori.hewell@cityofdenton.com Purchasing Manager City of Denton Security Level: Email, Account Authentication (None) Sent: 2/29/2024 7:02:08 PM Viewed: 3/1/2024 8:03:42 AM Signed: 3/1/2024 8:05:00 AM 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 Senior Deputy City Attorney City of Denton Security Level: Email, Account Authentication (None) Sent: 3/1/2024 8:05:02 AM Viewed: 3/6/2024 10:36:17 AM Signed: 3/6/2024 10:44:31 AM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure: Not Offered via DocuSign Kelly Morgan Kmorgan@nelsonmorgan.com President Security Level: Email, Account Authentication (None) Sent: 3/6/2024 10:44:33 AM Viewed: 3/6/2024 10:46:03 AM Signed: 3/6/2024 10:47:44 AM Signature Adoption: Uploaded Signature Image Using IP Address: 47.190.52.65 Electronic Record and Signature Disclosure: Accepted: 8/31/2021 11 :08:35 AM ID: 0bOc27284a984634-98e4-f9c079b34147 Signer Events Trevor Crain, PMP Trevor.Crain@cityofdenton.com Director of Capital Projects City of Denton Security Level: Email, Account Authentication (None) Signature Timestamp Sent: 3/6/2024 10:47:48 AM Viewed: 3/6/2024 10:52:29 AM Signed: 3/6/2024 10:53:21 AM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure: Accepted: 3/6/2024 10:52:29 AM ID: dba059b2-c4972L687-be53-73d696c5f9d3 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: 3/6/2024 10:53:24 AM Viewed: 4/3/2024 10:09:54 AM Signed: 4/3/2024 10:10:02 AM Using IP Address: 198.49.140.10 Sara Hensley sara.hensley@cityofdenton.com City Manager City of Denton Security Level: Email, Account Authentication (None) Sent: 4/3/2024 10:10:04 AM Viewed: 4/3/2024 10:13:25 AM Signed: 4/3/2024 10:13:29 AM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure; Not Offered via DocuSign Jesus Salazar jesus.salazar@cityofdenton.com Security Level: Email, Account Authentication (None) Sent: 4/3/2024 10:13:31 AM Viewed: 4/3/2024 10:43:08 AM Signed: 4/3/2024 10:43:54 AM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure: Accepted: 4/3/2024 10:43:08 AM ID: eb8e861b-f5644a09-b326-b3de34655714 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: 2/29/2024 7:02:08 PM 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: 3/6/2024 10:53:23 AM Viewed: 3/6/2024 1:04:23 PM City Secretary OfFice citysecretary@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Sent: 4/3/2024 10:43:56 AM Viewed: 4/3/2024 12:05:22 PM Aaron Skinner Aaron.Skinner@cityofdenton.com Project Manager Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 3/28/2024 11 :43:53 AM ID: 3f529322-931a4935-90f4-fbffe2ad2657 Sent: 4/3/2024 10:43:58 AM Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Envelope Sent Certified Delivered Signing Complete Completed Status Timestamps 2/29/2024 7:01 :36 PM 4/3/2024 10:43:08 AM 4/3/2024 10:43:54 AM 4/3/2024 10:43:58 AM 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: Kelly Morgan, Trevor Crain, PMP, Jesus Salazar, Aaron Skinner 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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