7599-007 Amendment 1 Executed
7599-007 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 7599-007
THE STATE OF TEXAS §
COUNTY OF DENTON §
THIS FIRST AMENDMENT TO CONTRACT 7599-007 (“Amendment”) by and
between the City of Denton, Texas (“City”) and Kimley-Horn and Associates, Inc.
(“Engineer”); to that certain contract executed on February 1, 2022, in the original not-to-
exceed amount of $113,137 (the “Agreement”); for services related to Design Services for
the TXDOT I-35 Aesthetic Package.
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 $49,900 with this Amendment for an aggregate not-to-exceed
amount of $163,037; 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
Design Services for the TXDOT I-35 Aesthetic Package, 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 $49,900.
2. This Amendment modifies the Agreement amount to provide an additional $49,900
for the additional services with a revised aggregate not to exceed total of $163,037.
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: B3451442-9CFB-4662-BD85-72E2BDFE263F
7599-007 PSA – Amendment #1 Page 2 of 2
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:
_________________________________
AUTHORIZED SIGNOR, TITLE
“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: B3451442-9CFB-4662-BD85-72E2BDFE263F
Director of Parks and Recreation
Gary Packan
Parks and Recreation
10/11/2022
AMENDMENT NUMBER 01 TO THE AGREEMENT BETWEEN CLIENT AND KIMLEY-HORN AND ASSOCIATES, INC. This is Amendment number 01 dated October 05, 2022 to the agreement between the City of Denton, Texas ("Client") and Kimley-Horn and Associates, Inc. ("Consultant") dated 01-01-2022
(“the Agreement") concerning the redesigning overpasses on I-35 through the City of Denton (the "Project"). The Consultant has entered into the Agreement with Client for the furnishing of professional services, and the parties now desire to amend the Agreement.
The Agreement is amended to include services to be performed by Consultant for compensation as set forth below in accordance with the terms of the Agreement, which are incorporated by reference.
Kimley-Horn and Associates, Inc. (“Kimley-Horn” or “the Consultant”) is pleased to submit this scope of services with proposed lump sum fee to the City of Denton (the “City”) to provide
professional services. Our project understanding, scope of services, schedule, and fee are below. Project Understanding
Kimley-Horn previously prepared corridor Mechanically Stabilized Earth (MSE) schematic wall themes submitted to the City and TxDOT. The scope below excludes revising these previously
prepared schematic themes. Kimley-Horn will prepare MSE retaining wall enhancement plans for (4) intersections (I-35 & 288, I-35 & University, I-35 & West Oak & I-35 & Bonnie Brae) Kimley-Horn
assumes that the level of detail of design is simple in alignment with the level as shown in the attached Exhibit A. The wall enhancements and theme artwork is assumed to be implemented with
form-liner. Kimley-Horn will prepare design plans to 90% level to be submitted to City for TxDOT review. Final design plans to 95% level to be submitted to City for submittal to TxDOT. Scope of Services Consultant will perform the following services:
TASK ADS.1 MSE Retaining Wall Enhancements
1.1. Kimley-Horn will prepare elevation drawings utilizing preferred theme artwork previously developed and approved by the City and Art Committee for incorporating into (4)
intersection locations. This elevation drawing will be provided to the City and TxDOT for them to provide to TxDOT’s engineering consultant for incorporation into their 100% PS&E
package. The drawings will depict MSE wall artwork dimension, reveal details, finish texture and colors selected by the City. The limits of this task is for a width of approximately
(10) 5X10 MSE panels from the bridge abutments on the eastbound and westbound approach. Kimley-Horn will submit 90% level plans to City and TxDOT for review. Kimley-
Horn will respond to one simultaneous round of City and TxDOT comments. The comments will be incorporated into the 100% check set plans and submitted to the City for
submittal to TxDOT. After the 100% check set plan submittal, Kimley-Horn will respond to one additional simultaneous round of reasonable City and TxDOT comments and will provide 100% final plans and submittal to the City for submittal to TxDOT. Kimley-Horn will prepare an opinion of probable construction cost to understand the delta cost from
TxDOT and City.
1.2. As a part of this task, Kimley-Horn will attend (1) Client 90% plan comment review meeting,
(1) Client 95% plan comment review meeting and up to (5) coordination meetings estimate one per month. If additional Client coordination meetings are required then this effort will
EXHIBIT A
DocuSign Envelope ID: B3451442-9CFB-4662-BD85-72E2BDFE263F
be billed at our then currently hourly rate schedule.
1.3. Any services not specifically provided for in the above scope, as well as any changes in
the scope the City requests in writing, will be considered additional services. Additional services we can provide include under a separate Addendum, but are not limited to, the
following:
1.3.1. Incorporation of additional rounds of review or comments from the City and
TxDOT other than those specified above.
1.3.2. Public input on the alternative art themes.
1.3.3. Sketch-Up solid form massing model for the final concepts
Schedule
We will provide our services as expeditiously as practicable with the goal of meeting the following schedule:
• 90% MSE wall plans submittal October 28, 2022 o 3 week City & TxDOT review
• 100% MSE wall check set submittal December 02, 2022 o 2 week City & TxDOT review
• 100% MSE wall final plan submittal December 23, 2022 Additional Services Fee and Expenses A not to exceed amount of forty-nine thousand, nine hundred dollars ($49,900), as provided for in the fee schedule below. This amount includes all charges for professional services and related expense, which will be provided by Kimley-Hon in accordance with the Original Agreement for Professional Services. The total project not to exceed compensation is increased to one hundred, sixty-three thousand, thirty-seven dollars ($163,037). The total project Kimley-Horn will perform the services in Task 1 on a labor fee plus expense basis with the maximum labor fee shown below. Task ADS.1: MSE Retaining Wall Enhancements _______
Additional Lump Sum Not to Exceed Fee $ 47,405
Office Expense 5% $ 2,495
ADS.1 Lump Sum $ 49,900
Original Agreement for Professional Services scope Item / fee modification_____________
Task 4 Schematic Design Plans (Entries and Wayfinding)
• Major elements at the UNT merge intersection (scope deduct) $ (7,325)
Total Project Lump Sum Grand Total $ 163,037
CLIENT: CONSULTANT:
EXHIBIT A
DocuSign Envelope ID: B3451442-9CFB-4662-BD85-72E2BDFE263F
CITY OF DENTON, TEXAS KIMLEY-HORN AND ASSOCIATES, INC. By: ______________________________ By: ________________________________ Title: _____________________________ Title: ____Vice President_______________
Date: _____________________________ Date: _____October 5, 2022 _________
EXHIBIT A
DocuSign Envelope ID: B3451442-9CFB-4662-BD85-72E2BDFE263F
10/11/2022
Buyer
Certificate Of Completion
Envelope Id: B34514429CFB4662BD8572E2BDFE263F Status: Completed
Subject: Complete with DocuSign: 7599-007 Amendment 1 Final.pdf
Source Envelope:
Document Pages: 5 Signatures: 4 Envelope Originator:
Certificate Pages: 5 Initials: 0 Erica Garcia
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
erica.garcia@cityofdenton.com
IP Address: 198.49.140.10
Record Tracking
Status: Original
10/10/2022 11:12:37 AM
Holder: Erica Garcia
erica.garcia@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Thomas G. Coppin
Tom.Coppin@kimley-horn.com
Vice President
Kimley-Horn
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 134.238.171.64
Sent: 10/10/2022 11:15:40 AM
Resent: 10/11/2022 10:21:27 AM
Viewed: 10/11/2022 11:19:28 AM
Signed: 10/11/2022 11:19:39 AM
Electronic Record and Signature Disclosure:
Accepted: 10/10/2022 11:04:55 AM
ID: 474ef540-a647-49dc-8bab-ff617c1e885a
Gary Packan
Gary.Packan@cityofdenton.com
Director of Parks and Recreation
Parks and Recreation
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(None)
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Using IP Address: 198.49.140.10
Sent: 10/11/2022 11:19:41 AM
Viewed: 10/11/2022 12:23:09 PM
Signed: 10/11/2022 12:23:50 PM
Electronic Record and Signature Disclosure:
Accepted: 10/11/2022 12:23:09 PM
ID: 2b13b5fc-4c94-46b4-b7a9-b51f4ce07e1c
Erica Garcia
erica.garcia@cityofdenton.com
Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.104
Sent: 10/11/2022 12:23:52 PM
Viewed: 10/11/2022 2:10:21 PM
Signed: 10/11/2022 2:10:31 PM
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Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 10/11/2022 2:10:32 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
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Envelope Sent Hashed/Encrypted 10/10/2022 11:15:40 AM
Certified Delivered Security Checked 10/11/2022 2:10:21 PM
Signing Complete Security Checked 10/11/2022 2:10:31 PM
Completed Security Checked 10/11/2022 2:10:32 PM
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Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Thomas G. Coppin, Gary Packan
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