6590-084 - Amendment 2 Executed
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DocuSign Envelope ID: 60669CFE-C4E6-4EDD-A89F-4F308B7520A0
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6590-084
Crystal Westbrook
MAYHILL I35E--AMENDMENT 2
PSA
N/A
AUGUST 3, 2021
21-1528
6590-084 – Amendment #2 Page 1 of 2
SECOND AMENDMENT TO CONTRACT
BY AND BETWEEN THE CITY OF DENTON, TEXAS
AND KIMLEY-HORN AND ASSOCIATES, INC.
Contract #6590-084
THE STATE OF TEXAS §
COUNTY OF DENTON §
THIS SECOND AMENDMENT TO CONTRACT 6590-084 (“Amendment”) by
and between the City of Denton, Texas (“City”) and Kimley-Horn and Associates, Inc.,
(“Engineer”); to that certain contract executed on January 14, 2020, in the original not-to-
exceed amount of $922,800 (the “Original Agreement”); amended on January 12, 2021 in
the additional amount of $165,000 aggregating a not-to-exceed amount of $1,087,800 (the
“First Amendment”) (collectively, the Original Agreement, the First Amendment are the
“Agreement”) for services related to the IH-35E-Mayhill-Utility Relocations.
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 $217,500 with this Amendment for an aggregate not-to-exceed
amount of $1,305,300; 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. The additional services described in Exhibit “A” of this Amendment, attached
hereto and incorporated herein for all purposes, for professional services related to
the IH-35E-Mayhill-Utility Relocations, are hereby authorized to be performed by
Engineer. For and in consideration of the additional services to be performed by
Engineer, 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 $217,500.
2. This Amendment modifies the Agreement amount to provide an additional
$217,500 for the additional services with a revised aggregate not to exceed total of
$1,305,300.
DocuSign Envelope ID: 60669CFE-C4E6-4EDD-A89F-4F308B7520A0
6590-084 – Amendment #2 Page 2 of 2
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 representatives
and officers on this date _________________________.
“CITY”
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By:
_________________________________
ATTEST:
ROSA RIOS, CITY SECRETARY
By:
_________________________________
“Engineer”
KIMLEY-HORN AND ASSOCIATES,
INC.
By:
_________________________________
AUTHORIZED SIGNATURE, TITLE
APPROVED AS TO LEGAL FORM:
By:
_________________________________
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
_______________ ________________
SIGNATURE PRINTED NAME
__________________________________
TITLE
__________________________________
DEPARTMENT
DocuSign Envelope ID: 60669CFE-C4E6-4EDD-A89F-4F308B7520A0
Sr. Vice Presedent
Stephen D. Gay
Water Utilities
Director, Water Utilities
CATHERINE CLIFTON, INTERIM CITY
ATTORNEY
08/03/2021
SARA HENSLEY, INTERIM CITY MANAGER
Amendment No. 2
IH-35E-MAYHILL - UTILITY-RELOCATIONS May 4, 2021
1 of 4
AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT
ADDITIONAL SERVICES
Professional Services Agreement:
IH-35E-MAYHILL - UTILITY-RELOCATIONS
Amendment Scope of Services
Scope of Services
TxDOT has redesigned a portion of the roadway project that necessitates additional waterline
relocation. The CITY has requested that the ENGINEER perform additional services including
topographic survey, design, easement acquisition, and additional TxDOT coordination for
approximately 1,700 linear feet of 20-inch water line.
Task 1 Design Management
ENGINEER will provide the following additional services in accordance with the Original
Contract:
A.Project Management
1.Continued development of progress reporting and updates to project schedule.
2.Attend up to one additional meeting with City.
3.Prepare and execute up to two (2) additional subconsultant amendments.
Task 3 Preliminary Design
ENGINEER will provide the following additional services in accordance with the Original
Contract:
A.Preliminary Water Line Design
1.Perform one additional site visit to perform field verification of the survey.
2.Prepare preliminary water line plan and profile drawings for approximately 1,700
linear feet of 20-inch water line.
3.Compile and prepare an updated opinion of probable construction cost (OPCC) for
the additional infrastructure to be incorporated into the preliminary design OPCC.
B.Deliverables
1.Supplemental Preliminary design submittal (60%)
a.Submit four (4) copies to City for review and comment.
b.Submittal shall include the following:
i.Supplemental preliminary design plans (22”x34”)
ii.Opinion of probable construction cost incorporated into overall
cost of proposed Mayhill Utility Relocations
EXHIBIT A
DocuSign Envelope ID: 60669CFE-C4E6-4EDD-A89F-4F308B7520A0
Amendment No. 2
IH-35E-MAYHILL - UTILITY-RELOCATIONS May 4, 2021
2 of 4
C.Meetings
1.Attend one (1) additional meeting with City to present and review the
supplemental preliminary design submittal.
Task 4 Final Design
ENGINEER will provide the following additional services in accordance with the Original
Contract:
A.Final Design
1.Prepare final design water line plan and profile drawings, surface repair, erosion
control, and details for approximately 1,700 linear feet of 20-inch water line.
B.Deliverables:
1.Final Design Submittal will be incorporated into the Final Design Deliverables
indicated in the Original Contract.
Task 9 Permitting
ENGINEER will provide the following additional services in accordance with the Original
Contract:
A.Permitting
1.The ENGINEER will aid the City in coordinating the additional design into the
Utility Agreement (U-35) with TxDOT and prepare reimbursement invoices as
necessary. This also includes providing betterment calculations and coordination
efforts with TxDOT, and their designated Utility Coordinator.
Task 10 Survey and Easements
ENGINEER will provide the following additional services in accordance with the Original
Contract:
A.Design Survey
1.Additional design survey with the following limits:
a.A 100-foot wide alignment generally along Interstate Hwy 35 continuing
south/east from the Lillian Miller/Loop 288 intersection approximately
1,700 linear feet.
B.Easement Preparation
1.Upon receiving approval of 60% design drawings, ENGINEER will prepare up to
eight (8) permanent water line easements and up to one (1) temporary construction
easements.
2.Revise up to twelve (12) previously submitted signed and sealed easement
documents due to coordination with Denton Municipal Electric and City Real
Estate requests.
DocuSign Envelope ID: 60669CFE-C4E6-4EDD-A89F-4F308B7520A0
Amendment No. 2
IH-35E-MAYHILL - UTILITY-RELOCATIONS May 4, 2021
3 of 4
Task 11 – Easement Acquisition Services
ENGINEER will provide technical assistance to the Real Estate Agent during property
negotiations for up to twenty (20) hours.
ENGINEER’s Real Estate Agent will provide the following additional services in accordance with
the Original Contract:
·Provide property negotiation services, title closing services, and appraisal services,
including appraisal review for an additional eight (8) parcels for the proposed line in
accordance with the previously agreed to scope under Task 11.A.
·Revise up to four (4) previously submitted appraisal packets due to coordination with
Denton Municipal Electric and City Real Estate requests.
DocuSign Envelope ID: 60669CFE-C4E6-4EDD-A89F-4F308B7520A0
Amendment No. 2
IH-35E-MAYHILL - UTILITY-RELOCATIONS May 4, 2021
4 of 4
Compensation
The additional services described above will be accommodated by increasing the contract amount
by $217,500 The following table summarizes the revised contract amount:
Task Original
Contract
Amd. No.
1
Amd. No.
2
Revised
Contract
Task 1 – Design Management $46,700 -$2,900 $49,600
Task 2 – Alignment Study $51,400 -$51,400
Task 3 – Preliminary Design $171,000 -$23,900 $194,900
Task 4 – Final Design $79,500 -$11,100 $90,600
Task 5 – Construction Contract Documents $14,500 --$14,500
Task 6 – Bid Phase Services $18,700 --$18,700
Task 7 – Construction Phase Services $61,900 --$61,900
Task 8 – Record Drawings Preparation $10,100 --$10,100
Task 9 – Permitting $26,600 -$7,600 $34,200
Task 10 – Survey and Easements $130,200 -$35,000 $165,200
Task 11 – Easement Acquisition Services $277,200 $165,000 $137,000 $579,200
Task 12 – Conflict Analysis $35,000 --$35,000
Totals:$922,800 $165,000 $217,500 $1,305,300
Duly executed by each party’s designated representative to be effective on the date subscribed by the
CITY.
BY:
CITY OF DENTON, TEXAS
BY:
ENGINEER
Title:______________________
Date:_______________________
Kimley-Horn and Associates, Inc
Title: John Atkins, Vice President
Date:____________________________
DocuSign Envelope ID: 60669CFE-C4E6-4EDD-A89F-4F308B7520A0
Certificate Of Completion
Envelope Id: 60669CFEC4E64EDDA89F4F308B7520A0 Status: Completed
Subject: Please DocuSign: City Council Contract 6590-084--Mayhill I35E 2nd Amendment
Source Envelope:
Document Pages: 7 Signatures: 5 Envelope Originator:
Certificate Pages: 6 Initials: 1 Crystal Westbrook
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EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
crystal.westbrook@cityofdenton.com
IP Address: 198.49.140.104
Record Tracking
Status: Original
7/1/2021 2:55:16 PM
Holder: Crystal Westbrook
crystal.westbrook@cityofdenton.com
Location: DocuSign
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Crystal Westbrook
crystal.westbrook@cityofdenton.com
Senior Buyer
City of Denton
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City of Denton
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Glenn Gary
glenn.gary@kimley-horn.com
Sr. Vice Presedent
Kimley-Horn and Associates, Inc.
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Stephen D. Gay
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Director, Water Utilities
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