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6590-104 - Amendment 1 Executed Docusign City Council Transmittal Coversheet File Name Purchasing Contact City Council Target Date Piggy Back Option Contract Expiration Ordinance DocuSign Envelope ID: 06D0747B-1ADE-4581-BDE0-A67F819415B0 Not Applicable Sycamore and Welch Transportation Trail Improvements - Amendment #1 PSA Cori Power 6590-104 N/A MAY 3, 2022 22-912 6590-104 PSA – Amendment #1 Page 1 of 2 FIRST AMENDMENT TO CONTRACT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND KIMLEY-HORN AND ASSOCIATES, INC. PSA 6590-104 THE STATE OF TEXAS § COUNTY OF DENTON § THIS FIRST AMENDMENT TO CONTRACT 6590-104 (“Amendment”) by and between the City of Denton, Texas (“City”) and Kimley-Horn and Associates, Inc. (“Engineer”); to that certain contract executed on March 16, 2021, in the original not-to- exceed amount of $250,000 (the “Agreement”); for services related to West Sycamore Street and North Welch Street Active Transportation Trail Improvements. WHEREAS, the City deems it necessary to further expand the services provided by Engineer to the City pursuant to the terms of the Agreement, and to provide an additional not-to-exceed amount $92,000 with this Amendment for an aggregate not-to-exceed amount of $342,000; 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 design of trail improvements for West Sycamore Street and North Welch Street Active Transportation project, 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 $92,000. 2. This Amendment modifies the Agreement amount to provide an additional $92,000 for the additional services with a revised aggregate not to exceed total of $342,000. 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. DocuSign Envelope ID: 06D0747B-1ADE-4581-BDE0-A67F819415B0 6590-104 PSA – Amendment #1 Page 2 of 2 ATTEST: ROSA RIOS, CITY SECRETARY BY: _______________________________ APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY: _______________________________ 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: _________________________________ SARA HENSLEY CITY MANAGER “Engineer” KIMLEY-HORN AND ASSOCIATES, INC. By: _________________________________ AUTHORIZED SIGNOR, TITLE 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: 06D0747B-1ADE-4581-BDE0-A67F819415B0 Vice President Director of Capital Projects/City Engineer Rebecca Diviney Capital Projects/Engineering 05/03/2022 Amendment No. 1 SYCAMORE WELCH TA March 31, 2022 1 of 3 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT ADDITIONAL SERVICES Professional Services Agreement: West Sycamore Street and North Welch Street Active Transportation Amendment Scope of Services Scope of Services The CITY has requested that the ENGINEER perform additional services consisting of the following: Task 10 – Additional Topographic Survey ENGINEER will perform additional field surveys to collect horizontal and vertical elevations and other information needed by ENGINEER in design and preparation of additional traffic signal and DCTA railroad crossing design at the following locations. Additional filed survey will be collected as outlined on the original agreement. ·Intersection of Sycamore Street and Bell Avenue ·Intersection of Sycamore Street and Locust Street ·Intersection of Sycamore Street and Elm Street ·Intersection on Sycamore Street and DCTA Railroad crossing and Denton Katy Trail These additional surveys collected will supplement the existing topographic survey collected under previous scope. Task 11 – Traffic Signal Designs ENGINEER will perform traffic signal design for following intersections: ·Intersection of Sycamore Street and Bell Avenue o ENGINEER will design a traffic a signal modification at this intersection. These modifications will consist of upgrading curb ramps, pedestrian push buttons, pedestrian poles and crosswalks to comply with ADA standards. o It is anticipated that the existing mast arm poles, service, and signal controller and cabinet to remain. o It is anticipated that existing conduits have enough capacity to pull new wires and full conduit replacements are not required. ·Intersection of Sycamore Street and Locust Street o ENGINEER will design a traffic signal modification at this intersection. These modifications will consist of upgrading curb ramps, pedestrian push buttons, pedestrian poles and crosswalks to comply with ADA standards. o It is anticipated that the existing mast arm poles to remain. Exhibit A DocuSign Envelope ID: 06D0747B-1ADE-4581-BDE0-A67F819415B0 Amendment No. 1 SYCAMORE WELCH TA March 31, 2022 2 of 3 o All conduits will be upgraded to new conduits. Pedestal service and new traffic signal controller foundation to be included. New traffic signal controller and cabinet will be provided by the CITY. ·Intersection of Sycamore Street and Elm Street o ENGINEER will design a traffic signal modification at this intersection. These modifications will consist of upgrading curb ramps, pedestrian push buttons, pedestrian poles and crosswalks to comply with ADA standards. o It is anticipated that the existing mast arm poles to remain. o All conduits will be upgraded to new conduits. Pedestal service and new traffic signal controller foundation to be included. New traffic signal controller and cabinet will be provided by the CITY. Task 12 – Quiet Zone Coordination and Calculation ENGINEER will coordinate and confirm removal of wayside horn located at the Sycamore and DCTA crossing. This quiet zone includes additional 9 crossings and following tasks are anticipated. ·Collect 72-hour traffic counts at all ten crossings on this quiet zone corridor. ·Perform site visit to evaluate existing SSM. ·Update quiet zone calculations with new traffic counts and removal of wayside horn. ·Perform diagnostic meeting with FRA, DCTA and CITY. ·Prepare diagnostic meeting notes. ·Prepare updated Notice of Establishment (NOE). ·Assist City with railroad agreement, if required. Task 13 – DCTA Crossing Design ENGINEER will perform roadway design at DCTA crossing based on the diagnostic meetings finding and updated NOE performed under Task 12. The following tasks are anticipated for the RR crossing design. ·Install median on both sides of DCTA tracks. ·Install curb along the south side of Sycamore street. ·Relocate DCTA RR gates as necessary. The railroad gates relocation to be designed and constructed by DCTA. ·Design of all improvements to railroad equipment will be performed by DCTA. DocuSign Envelope ID: 06D0747B-1ADE-4581-BDE0-A67F819415B0 Amendment No. 1 SYCAMORE WELCH TA March 31, 2022 3 of 3 Compensation The additional services described above will be accommodated by increasing the contract amount by $92,000. The following table summarizes the revised contract amount: Task Original Contract Amendment No. 1 Revised Contract Task 1 – Design Management $16,000 -$16,000 Task 2 – Conceptual Design (30 Percent)$45,000 -$45,000 Task 3 – Preliminary Design (60 Percent)$80,000 -$80,000 Task 4 – Final Design (90 Percent and 100 Percent)$35,000 -$35,000 Task 5 – Environmental Clearance Services $22,000 -$22,000 Task 6 – Bid Phase Services $3,000 -$3,000 Task 7 – Construction Phase Services $25,000 -$25,000 Task 8 – Topographic Survey Services $22,000 -$22,000 Task 9 – TDLR Permitting $2,000 -$2,000 Task 10 – Additional Topographic Survey Services -$12,000 $12,000 Task 11 – Traffic Signal Designs -$58,000 $58,000 Task 12 – Quiet Zone Coordination and Calculations -$14,000 $14,000 Task 13 – DCTA Crossing Design -$8,000 $8,000 Totals:$250,000 $92,000 $342,000 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: Scott Arnold, P.E., Vice President Date:____________________________ DocuSign Envelope ID: 06D0747B-1ADE-4581-BDE0-A67F819415B0 4/14/20225/4/2022 City Manager TASK START DATE Project Initiation Design Notice to Proceed May-22 May-22 Design Data Collection/Survey May-22 Jul-22 90% Submittal Jul-22 Oct-22 City/ TxDOT Review Oct-22 Nov-22 Final Submittal Nov-22 Jan-23 Bid Package Submittal Jan-23 Feb-23 Bidding Bid Advertisement Feb-23 Jul-23 Contractor Selection Jul-23 Aug-23 Conctractor Notice to Proceed Aug-23 Construction Construction Aug-23 Apr-24 Due to the everchanging circumstances surrounding the COVID-19 Virus, situations may arise during the performance of this Agreement that affect availability of resources and staff of Kimley- Horn, the client, other consultants, and public agencies. There could be changes in anticipated delivery times, jurisdictional approvals, and project costs. Kimley-Horn will exercise reasonable efforts to overcome the challenges presented by current circumstances, but Kimley-Horn will not be liable to Client for any delays, expenses, losses, or damages of any kind arising out of the impact of the COVID-19 Virus. Attachment "D" W Sycamore St and N Welch St Amendment 1 Kimley-Horn and Associates, Inc. DocuSign Envelope ID: 06D0747B-1ADE-4581-BDE0-A67F819415B0 Certificate Of Completion Envelope Id: 06D0747B1ADE4581BDE0A67F819415B0 Status: Completed Subject: Please DocuSign: City Council Contract 6590-104 Sycamore/Welch Trail Improvements - Amendment #1 Source Envelope: Document Pages: 7 Signatures: 7 Envelope Originator: Certificate Pages: 6 Initials: 1 Cori Power AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 901B Texas Street Denton, TX 76209 cori.power@cityofdenton.com IP Address: 198.49.140.10 Record Tracking Status: Original 4/13/2022 8:26:35 AM Holder: Cori Power cori.power@cityofdenton.com Location: DocuSign Signer Events Signature Timestamp Cori Power cori.power@cityofdenton.com Senior Buyer City of Denton Security Level: Email, Account Authentication (None) Completed Signed by link sent to cori.power@cityofdenton.com Using IP Address: 198.49.140.10 Sent: 4/13/2022 2:37:21 PM Viewed: 4/13/2022 2:38:29 PM Signed: 4/13/2022 2:38:46 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 Signed by link sent to lori.hewell@cityofdenton.com Using IP Address: 198.49.140.10 Sent: 4/13/2022 2:38:48 PM Viewed: 4/13/2022 3:11:43 PM Signed: 4/13/2022 3:12:07 PM 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) Signature Adoption: Pre-selected Style Signed by link sent to marcella.lunn@cityofdenton.com Using IP Address: 198.49.140.10 Sent: 4/13/2022 3:12:09 PM Viewed: 4/14/2022 2:53:01 PM Signed: 4/14/2022 2:57:05 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Scott Arnold Scott.arnold@kimley-horn.com Vice President Kimley-Horn and Associates, Inc. Security Level: Email, Account Authentication (None) Signature Adoption: Uploaded Signature Image Signed by link sent to Scott.arnold@kimley-horn.com Using IP Address: 208.127.245.199 Sent: 4/14/2022 2:57:07 PM Viewed: 4/14/2022 4:11:39 PM Signed: 4/14/2022 9:12:53 PM Electronic Record and Signature Disclosure: Signer Events Signature Timestamp Accepted: 3/27/2020 10:55:11 AM ID: a1f38400-e5cc-4b57-8548-4dd7e031355d Rebecca Diviney Rebecca.Diviney@cityofdenton.com Director of Capital Projects/City Engineer Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Signed by link sent to Rebecca.Diviney@cityofdenton.com Using IP Address: 47.222.20.2 Sent: 4/14/2022 9:12:55 PM Viewed: 4/14/2022 10:46:05 PM Signed: 4/14/2022 10:46:33 PM Electronic Record and Signature Disclosure: Accepted: 4/14/2022 10:46:05 PM ID: 48b59697-021d-4c1d-9dd1-b9cb13370902 Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication (None) Completed Signed by link sent to cheyenne.defee@cityofdenton.com Using IP Address: 198.49.140.10 Sent: 4/14/2022 10:46:36 PM Viewed: 5/4/2022 1:09:45 PM Signed: 5/4/2022 1:10:02 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Sara Hensley sara.hensley@cityofdenton.com City Manager City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Signed by link sent to sara.hensley@cityofdenton.com Using IP Address: 47.184.83.229 Sent: 5/4/2022 1:10:04 PM Viewed: 5/4/2022 1:13:40 PM Signed: 5/4/2022 1:13:46 PM 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 Signed by link sent to rosa.rios@cityofdenton.com Using IP Address: 198.49.140.10 Sent: 5/4/2022 1:13:49 PM Viewed: 5/4/2022 1:26:54 PM Signed: 5/4/2022 1:27:16 PM Electronic Record and Signature Disclosure: Accepted: 5/4/2022 1:26:54 PM ID: 2fc92497-81d6-46d4-ba0c-29218bc6e5d0 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 Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication (None) Sent: 4/13/2022 2:38:48 PM 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: 4/14/2022 10:46:35 PM Viewed: 4/15/2022 2:53:26 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign City Secretary Office citysecretary@cityofdenton.com Security Level: Email, Account Authentication (None) Sent: 5/4/2022 1:27:19 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Robin Davis Robin.Davis@cityofdenton.com Security Level: Email, Account Authentication (None) Sent: 5/4/2022 1:27:21 PM Electronic Record and Signature Disclosure: Accepted: 3/11/2022 2:33:30 PM ID: f227025f-a213-44b7-90e9-5c9c461c63d2 Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication (None) Sent: 5/4/2022 1:27:23 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 4/13/2022 2:37:21 PM Certified Delivered Security Checked 5/4/2022 1:26:54 PM Signing Complete Security Checked 5/4/2022 1:27:16 PM Completed Security Checked 5/4/2022 1:27:23 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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