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6590-084 - Amendment 2 Executed Docusign City Council Transmittal Coversheet File Name Purchasing Contact City Council Target Date Piggy Back Option Contract Expiration Ordinance DocuSign Envelope ID: 60669CFE-C4E6-4EDD-A89F-4F308B7520A0 Not Applicable 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 AutoNav: Enabled 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 Signer Events Signature Timestamp Crystal Westbrook crystal.westbrook@cityofdenton.com Senior Buyer City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 198.49.140.104 Sent: 7/1/2021 2:59:15 PM Viewed: 7/1/2021 2:59:23 PM Signed: 7/1/2021 3:01:42 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Lori Hewell lori.hewell@cityofdenton.com Purchasing Manager City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Sent: 7/1/2021 3:01:44 PM Viewed: 7/1/2021 3:38:20 PM Signed: 7/1/2021 3:38:33 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Marcella Lunn marcella.lunn@cityofdenton.com Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Sent: 7/1/2021 3:38:35 PM Viewed: 7/1/2021 4:00:38 PM Signed: 7/1/2021 4:03:06 PM Electronic Record and Signature Disclosure: Accepted: 7/1/2021 4:00:38 PM ID: ec4837b3-1eda-4724-8869-36f6824fb8be Glenn Gary glenn.gary@kimley-horn.com Sr. Vice Presedent Kimley-Horn and Associates, Inc. Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 208.127.245.208 Sent: 7/1/2021 4:03:07 PM Resent: 7/9/2021 9:13:06 AM Viewed: 7/9/2021 9:44:08 AM Signed: 7/12/2021 1:33:38 PM Electronic Record and Signature Disclosure: Accepted: 9/5/2017 7:31:56 AM ID: a4d44695-81cf-49e7-97f6-7553e995f64a Signer Events Signature Timestamp Stephen D. Gay stephen.gay@cityofdenton.com Director, Water Utilities Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 7/12/2021 1:33:40 PM Viewed: 7/12/2021 1:52:36 PM Signed: 7/13/2021 8:31:37 AM Electronic Record and Signature Disclosure: Accepted: 7/12/2021 1:52:36 PM ID: 98ab562a-fdf4-41aa-b1d0-e26e163b1ecb Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 174.203.34.240 Signed using mobile Sent: 7/13/2021 8:31:40 AM Viewed: 7/27/2021 11:10:33 AM Signed: 8/5/2021 10:20:54 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Sara Hensley sara.hensley@cityofdenton.com Interim City Manager City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 8/5/2021 10:20:57 AM Viewed: 8/5/2021 10:21:48 AM Signed: 8/5/2021 10:21:58 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Rosa Rios rosa.rios@cityofdenton.com City Secretary Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 8/5/2021 10:22:01 AM Viewed: 8/5/2021 1:30:02 PM Signed: 8/5/2021 1:30:44 PM Electronic Record and Signature Disclosure: Accepted: 8/5/2021 1:30:02 PM ID: e60a61de-d08d-4bc8-acbd-6b59da232ca4 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Sent: 7/1/2021 3:01:44 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Carbon Copy Events Status Timestamp Sherri Thurman sherri.thurman@cityofdenton.com Security Level: Email, Account Authentication (None) Sent: 7/13/2021 8:31:39 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Gretna Jones gretna.jones@cityofdenton.com Legal Secretary City of Denton Security Level: Email, Account Authentication (None) Sent: 7/13/2021 8:31:40 AM Viewed: 7/13/2021 11:43:02 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Zolina Parker zolina.parker@cityofdenton.com Security Level: Email, Account Authentication (None) Sent: 8/5/2021 1:30:46 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Annie Bunger annie.bunger@cityofdenton.com Contract Control Specialist City of Denton Security Level: Email, Account Authentication (None) Sent: 8/5/2021 1:30:47 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Pritam Deshmukh pritam.deshmukh@cityofdenton.com Deputy Director Water/Wastewater Security Level: Email, Account Authentication (None) Sent: 8/5/2021 1:30:48 PM Electronic Record and Signature Disclosure: Accepted: 7/12/2021 10:40:23 AM ID: a734e8e2-55a9-4fcf-8f82-528d1bf872e9 Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 7/1/2021 2:59:15 PM Certified Delivered Security Checked 8/5/2021 1:30:02 PM Signing Complete Security Checked 8/5/2021 1:30:44 PM Completed Security Checked 8/5/2021 1:30:48 PM Payment Events Status Timestamps 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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