6590-105 - Amendment 2 Executed
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
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DocuSign Envelope ID: E69F5CC2-F478-4418-8170-852268FB466A
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6590-105
Cori Power
Nette Shultz & Pecan Creek SRTS Improvements -
Amendment #2
PSA
N/A
FEBRUARY 7, 2023
23-336
6590-105 PSA – Amendment #2 Page 1 of 2
SECOND AMENDMENT TO CONTRACT
BY AND BETWEEN THE CITY OF DENTON, TEXAS
AND KIMLEY-HORN AND ASSOCIATES, INC.
PSA 6590-105
THE STATE OF TEXAS §
COUNTY OF DENTON §
THIS SECOND AMENDMENT TO CONTRACT 6590-105 (“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 $150,000 (the “Original Agreement”); amended on February 4, 2022 in
the additional amount of $36,500 aggregating a not-to-exceed amount of $186,500 (the
“First Amendment”); (collectively, the Original Agreement and the First Amendment are
the “Agreement”) for services related to Nette Shultz (formerly Wilson) Elementary School
and Pecan Creek Elementary School Safe Routes to Schools Sidewalk 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 $120,000 with this Amendment for an aggregate not-to-exceed
amount of $306,500; 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 Nette Shultz (formerly Wilson) Elementary School and Pecan Creek
Elementary School Safe Routes to Schools Sidewalk Improvements, 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 $120,000.
2. This Amendment modifies the Agreement amount to provide an additional
$120,000 for the additional services with a revised aggregate not to exceed total of
$306,500.
DocuSign Envelope ID: E69F5CC2-F478-4418-8170-852268FB466A
6590-105 PSA – 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 Engineer, have each executed this
Amendment electronically, by and through their respective duly authorized representatives
and officers on this date _________________________.
“Engineer”
KIMLEY-HORN AND ASSOCIATES,
INC.
By: _____________________________
AUTHORIZED SIGNATURE, TITLE
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
By:
_________________________________
“CITY”
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By:
_________________________________
SARA HENSLEY
CITY MANAGER
ATTEST:
ROSA RIOS, CITY SECRETARY
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: E69F5CC2-F478-4418-8170-852268FB466A
Vice President
Director of Capital Projects
Engineering Services
Trevor Crain
02/07/2023
Amendment No. 2
NETTE PECAN CREEK SRTS December 10, 2022
1 of 3
AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT
ADDITIONAL SERVICES
Professional Services Agreement:
Nette Shultz (formerly Wilson) Elementary School and Pecan Creek
Elementary School Safe Routes to Schools Sidewalk Improvements
Amendment Scope of Services
Scope of Services
The CITY has requested that the ENGINEER perform additional services consisting of the
following:
Task 14 – Easement Document Preparation
ENGINEER will prepare a metes and bounds description and sketch showing the location and
dimension for proposed easements. Easement language will either be the unaltered standard
language provided by the local jurisdiction, or as agreed to by the Grantor or Grantee and provided
complete to the ENGINEER. The CITY will file the documents and provide necessary negotiations
and appraisals.
ENGINEER will prepare Ten (10) easement documents for the CITY.
ENGINEER will incorporate one (1) round of comments on each exhibit provided by the CITY
following CITY staff meeting with the property owner.
Task 15 Property Acquisition Services
ENGINEER will perform the following services for Easement Acquisition Services:
ENGINEER’s Real Estate Agent shall provide appraisals for proposed easements on up to Ten (10)
parcels for the proposed lines. Appraisals will be approved by the CITY prior to beginning
negotiations with property owners. The appraisals will be prepared by State Certified Appraisers in
accordance with the Uniform Standards of Professional Appraisal Practice Act (USPAP). The
appraisals will be suitable for use in condemnation proceedings, if necessary.
Provide property negotiation services for up to Ten (10) parcels for the proposed line as follows:
·The offer to purchase the properties will be based on the appraisals as indicated above. The
CITY will establish the value to be used in negotiation and the range of negotiating authority
to be given to the right-of-way agent. ENGINEER’s Real Estate Agent will provide the
services of qualified right-of-way agents to secure the required easements for the project.
The right-of-way agents will provide each property owner a copy of The Texas Landowner
Bill of Rights, but will NOT be required to provide negotiation services under the Uniform
Relocation and Acquisition Act (Uniform Act).
·ENGINEER’s Real Estate Agent will negotiate on behalf of the CITY and utilize
conveyance documents and other necessary forms as prescribed by the CITY. ENGINEER’s
Real Estate Agent will provide a good faith effort to acquire the rights-of-way through a
negotiation process, which will generally consist of three (3) contacts with the property
owner, or his authorized representative. A maximum of five (5) total contacts will be
Exhibit A
DocuSign Envelope ID: E69F5CC2-F478-4418-8170-852268FB466A
Amendment No. 2
NETTE PECAN CREEK SRTS December 10, 2022
2 of 3
provided to reach an agreement with the property owner, or to determine that further
negotiations will be non-productive and that eminent domain actions will be necessary to
acquire the property. If absentee owners are involved, the negotiations may be conducted
via telephone, fax, or by mail. If the schedule for acquisition of the easement or other factors
arise, which make it expedient, travel outside the project area to meet with the absentee
owners may be desirable. If such events arise, the travel must be specifically authorized by
the CITY. If such travel is authorized, the expenses involved, including the agent’s services,
will be considered additional services.
·The initial offer made to the property owner will be based on the value authorized by the
CITY. All counter-offers by the property owner, along with ENGINEER’s Real Estate
Agent recommendations will be presented to the CITY for consideration. The CITY must
establish and recommend such counter offers before ENGINEER’s Real Estate Agent will
be authorized to agree to the requested changes. All monetary offers made to the property
owners will be within the limits authorized by the CITY in the various stages of the
negotiation.
·After reaching an agreement with the landowner on the consideration and all other terms of
the transaction, ENGINEER’s Real Estate Agent will forward to the CITY a Memorandum
of Agreement (M/A) executed by the property owner to be ratified by the CITY. This M/A
sets forth the compensation and any other terms and conditions agreed upon. The CITY will
be responsible for obtaining the CITY’s ratification and for returning the ratified M/A to
ENGINEER’s Real Estate Agent. ENGINEER’s Real Estate Agent will then inform the
Title Company that the parcel is ready for closing.
ENGINEER’s Real Estate Agent will coordinate contacts with the CITY to deliver any payments to
the Title Company prior to closing.
This Scope of Services assumes that costs for Title Commitments, Title Policies and recording fees
will be purchased by the CITY through the assistance of the Real Estate Agent. The amount paid
for the Title Policies will not exceed premium amounts set by the Texas Department of Insurance
and agreed upon in advance between the CITY and the Title Company. Any additional Title
Company services such as recording fees shall be agreed upon in advance between the CITY and
the Title Company. ENGINEER’s Real Estate Agent will review liens or other exceptions reported
in the Title Commitment. ENGINEER will coordinate the location and the effect of any utility
easements. ENGINEER will report the results of the Title Commitment to the CITY, recommending
the disposition of the exceptions. The decision whether the reported exceptions are acceptable or
must be eliminated will be the responsibility of the CITY. Any action required to clear title is not
included in the Scope of Work for this project, and if required, will be considered Additional
Services.
ENGINEER’s Real Estate Agent will coordinate and attend all closings at the Title Company.
ENGINEER’s Real Estate Agent will confirm that the Title Company records all documents at the
Denton County Courthouse after closing.
ENGINEER’s Real Estate Agent will confirm that the Title Company forwards copies of all
recorded documents to the CITY.
ENGINEER will assist Real Estate Agent and CITY and provide exhibits needed to meet with
property owners.
ENGINEER will attend property owner meeting with Real Estate Agent and CITY as needed.
DocuSign Envelope ID: E69F5CC2-F478-4418-8170-852268FB466A
Amendment No. 2
NETTE PECAN CREEK SRTS December 10, 2022
3 of 3
Compensation
The additional services described above will be accommodated by increasing the contract amount
by $120,000. The following table summarizes the revised contract amount:
Task Original
Contract
Amendment
No. 1
Amendment
No. 2
Revised
Contract
Task 1 – Design Management $13,000 --$13,000
Task 2 – Conceptual Design (30 Percent) $25,000 --$25,000
Task 3 – Preliminary Design (60 Percent)$45,000 --$45,000
Task 4 – Final Design (90 Percent and 100
Percent)
$20,000 --$20,000
Task 5 – Environmental Clearance Services $15,000 --$15,000
Task 6 – Bid Phase Services $3,000 --$3,000
Task 7 – Construction Phase Services $15,000 --$15,000
Task 8 – Topographic Survey Services $12,000 --$12,000
Task 9 – TDLR Permitting $2,000 --$2,000
Task 10 – Additional Design Management -$2,000 -$2,000
Task 11 – Additional Topographic Survey -$6,500 -$6,500
Task 12 – Glenwood Lane and Emerson
Lane Sidewalk Design
-$22,000 - $22,000
Task 13 – Hanover Drive Sidewalk Bridge
Design
-$6,000 -$6,000
Task 14 – Easement Document Preparation --$20,000 $20,000
Task 15 – Property Acquisition Services (10
Easements-$10,000 per Easement)--$100,000 $100,000
Totals:$150,000 $36,500 $120,000 $306,500
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:____________________________December 12, 2022
DocuSign Envelope ID: E69F5CC2-F478-4418-8170-852268FB466A
02/07/2023
City Manager
Certificate Of Completion
Envelope Id: E69F5CC2F47844188170852268FB466A Status: Completed
Subject: Please DocuSign: City Council Contract 6590-105 Nette & Pecan Creek SRTS Improvements Amendment #1
Source Envelope:
Document Pages: 6 Signatures: 6 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: 198.49.140.104
Record Tracking
Status: Original
1/9/2023 5:12:46 PM
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
Using IP Address: 198.49.140.104
Sent: 1/9/2023 5:16:23 PM
Viewed: 1/9/2023 5:17:49 PM
Signed: 1/9/2023 5:18:00 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
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Using IP Address: 198.49.140.104
Sent: 1/9/2023 5:18:04 PM
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Marcella Lunn
marcella.lunn@cityofdenton.com
Mack Reinwand City Attorney
City of Denton
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Electronic Record and Signature Disclosure:
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Scott Arnold
Scott.arnold@kimley-horn.com
Vice President
Kimley-Horn and Associates, Inc.
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Using IP Address: 166.205.190.75
Signed using mobile
Sent: 1/12/2023 10:22:23 PM
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Signed: 1/13/2023 11:38:38 AM
Electronic Record and Signature Disclosure:
Accepted: 3/27/2020 10:55:11 AM
ID: a1f38400-e5cc-4b57-8548-4dd7e031355d
Signer Events Signature Timestamp
Trevor Crain
Trevor.Crain@cityofdenton.com
Director of Capital Projects
City of Denton
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Using IP Address: 174.244.16.239
Signed using mobile
Sent: 1/13/2023 11:38:43 AM
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Electronic Record and Signature Disclosure:
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ID: 65280854-3037-4ba6-8766-c1ebb5379df8
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
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Completed
Using IP Address: 198.49.140.10
Sent: 1/13/2023 12:39:54 PM
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Sara Hensley
sara.hensley@cityofdenton.com
City Manager
City of Denton
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Signed using mobile
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Rosa Rios
rosa.rios@cityofdenton.com
City Secretary
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Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
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(None)
Sent: 1/9/2023 5:18:04 PM
Electronic Record and Signature Disclosure:
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Gretna Jones
gretna.jones@cityofdenton.com
Legal Secretary
City of Denton
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City Secretary Office
citysecretary@cityofdenton.com
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Robin Davis
Robin.Davis@cityofdenton.com
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Sent: 2/8/2023 11:32:24 AM
Electronic Record and Signature Disclosure:
Accepted: 10/26/2022 3:57:23 PM
ID: d0ca998e-7449-4d4d-8131-54a5b517dd55
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Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Scott Arnold, Trevor Crain, Rosa Rios, Robin Davis
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