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7599-007 - 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: CCCDD985-63D2-4736-9585-698784D487E5 TxDOT I-35 Aesthetic Package - Amendment #2 Not Applicable Cori Power PSA 7599-007 N/A SEPTEMBER 19, 2023 23-1700 7599-007 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 7599-007 THE STATE OF TEXAS § COUNTY OF DENTON § THIS SECOND 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 “Original Agreement”); amended on October 11, 2022 in the additional amount of $49,900 aggregating a not-to-exceed amount of $163,037 (the “First Amendment”) (collectively, the Original Agreement and the First Amendment are the “Agreement”) for services related to the design services for the TXDOT I-35 Aesthetic Package. 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 $25,765 with this Amendment for an aggregate not-to-exceed amount of $188,802; 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 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, a total fee, including reimbursement for non-labor expenses an amount not to exceed $25,765. 2. This Amendment modifies the Agreement amount to provide an additional $25,765 for the additional services with a revised aggregate not to exceed total of $188,802. 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: CCCDD985-63D2-4736-9585-698784D487E5 7599-007 PSA – Amendment #2 Page 2 of 2 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: JESUS SALAZAR, 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: CCCDD985-63D2-4736-9585-698784D487E5 Vice President Capital Projects Trevor Crain, PMP rector of Capital Projects 09/19/2023 1 AMENDMENT NUMBER 02 TO THE AGREEMENT BETWEEN CLIENT AND KIMLEY-HORN AND ASSOCIATES, INC. This is Amendment number 02 dated July 5, 2023 to the agreement between the City of Denton, Texas ("Client") and Kimley-Horn and Associates, Inc. ("Consultant") dated 01-01-2022 (“the Agreement") concerning 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. 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 and submitted 95% level PS&E to the City and TxDOT. The scope below excludes revising these previously prepared schematic themes, however, per TxDOT and the Clients request, the MSE wall panels that were previously designed at the IH35 and 380/University location including a Texas Women’s University (TWU) graphic logo will now be modified to include a wall mounted TWU medallion. Utilizing the medallion theme that Texas Women’s University has provided for the wall mounted TWU medallion, Kimley-Horn will prepare plans, specifications, and estimates in accordance with the description of process in the tasks below. Scope of Services Consultant will perform the following services: TASK ADS.1: MSE Retaining Wall and Medallion Enhancements Kimley-Horn will prepare elevation and detail drawings utilizing the medallion themes developed by Texas Women’s University Medallion approved by the City for incorporating into the IH35 and 380/University abutment location. These elevation drawings 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 the wall mounted medallion dimensions, graphic representation, reveal details, finish texture and colors. The limit of this task is an approximate 18’ diameter wall mounted medallion in accordance with the modified TxDOT MSE graphic panels that were originally accepted and approved by TxDOT for the bridge abutments on the eastbound and westbound approach. Kimley-Horn will submit 60% level plans to City and TxDOT for review.Kimley-Horn will respond to one (1) simultaneous round of City and TxDOT comments and will provide 100% final plans and submittals 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. As a part of this task, Kimley-Horn will attend (1) Client 60% plan comment review meeting, (1) Client 100% plan comment review meeting and up to (2) total coordination meetings. If additional Client coordination meetings are required, then this effort will be billed at our then currently hourly rate schedule. DocuSign Envelope ID: CCCDD985-63D2-4736-9585-698784D487E5 2 TASK ADS.2: Medallion Structural Mount Design Kimley-Horn will structurally design and provide construction details for mounting hardware for the proposed aluminum “TWU medallion” signs on MSE walls at the intersection of IH-35 and US 380 / University in Denton, Texas. The mounting design is limited to structural design and detailing of anchorage and mounting hardware connecting signage to proposed MSE walls. MSE wall design provided by others is assumed to be designed for the loading from proposed aluminum medallion signs. Kimley-Horn will provide signed and sealed construction plans in 11”x17” PDF format. Kimley-Horn will also provide special specification language for proposed aluminum medallion signs. Kimley-Horn will respond to one (1) round of comments from the Texas Department of Transportation (TxDOT). Exclusions: • Prepare/submit calculation package • Attend meetings • Any drawings other than the single structural detail sheet for mounting hardware requirements connecting signs to MSE walls TASK ADS.3: Meetings / Coordination (During Design) Kimley-Horn can be available to attend design team meetings, Client meetings, and/or conference calls and any other project related meetings not listed in previous task items. This task includes up to two (2) hours of meetings in addition to the quantity provided in the tasks above. Should additional meetings or coordination be required, this effort will be billed on an hourly basis at the then current hourly rate schedule. Additional Services 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: • Incorporation of additional rounds of review or comments from the City and TxDOT other than those specified above. • Public input on the alternative art themes. • Sketch-Up solid form massing model for the final concepts • Development of a calculation package or summary in PDF format • Structural analysis or design of MSE walls • Analysis of existing mounted structures • Deliverables including original design files or 3D models • Electrical engineering services • Geotechnical engineering services • Development of a new computer model of the proposed structures DocuSign Envelope ID: CCCDD985-63D2-4736-9585-698784D487E5 3 Schedule We will provide our services as expeditiously as practicable with the goal of meeting the following schedule: • 60% TWU medallion MSE wall plans submittal Complete • 100% MSE wall final plan submittal July 21, 2023 Additional Services Fee and Expenses 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. 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 and Medallion Enhancements $ 8,000.00 Task ADS.2: Medallion Structural Mount Design $ 16,565.00 Task ADS.3: Meeting / Coordination (During Design) $ 1,200.00 Total Project Lump Sum Grand Total $ 25,765.00 CLIENT: CONSULTANT: CITY OF DENTON, TEXAS KIMLEY-HORN AND ASSOCIATES, INC. By: ______________________________ By: ________________________________ Title: _____________________________ Title: ____Vice President_______________ Date: _____________________________ Date: _____July 6, 2023 _________ DocuSign Envelope ID: CCCDD985-63D2-4736-9585-698784D487E5 09/19/2023 City Manager Certificate Of Completion Envelope Id: CCCDD98563D247369585698784D487E5 Status: Completed Subject: Please DocuSign: City Council Contract 7599-007 I35 Aesthetic Plan Amendment #2 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 8/21/2023 7:22:55 PM Holder: Cori Power cori.power@cityofdenton.com Location: DocuSign Signer Events Signature Timestamp Cori Power cori.power@cityofdenton.com Purchasing Supervisor City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 198.49.140.104 Sent: 8/21/2023 7:30:17 PM Viewed: 8/21/2023 7:30:33 PM Signed: 8/21/2023 7:30:43 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: 8/21/2023 7:30:45 PM Viewed: 8/22/2023 7:48:33 AM Signed: 8/22/2023 7:48:50 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Marcella Lunn marcella.lunn@cityofdenton.com Mack Reinwand City Attorney City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 8/22/2023 7:48:53 AM Viewed: 8/23/2023 10:04:50 AM Signed: 8/23/2023 10:07:38 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign 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: 130.41.174.193 Sent: 8/23/2023 10:07:40 AM Resent: 8/29/2023 8:44:07 AM Viewed: 8/29/2023 8:44:42 AM Signed: 8/29/2023 8:45:42 AM Electronic Record and Signature Disclosure: Accepted: 10/10/2022 11:04:55 AM ID: 474ef540-a647-49dc-8bab-ff617c1e885a Signer Events Signature Timestamp Trevor Crain, PMP Trevor.Crain@cityofdenton.com rector of Capital Projects City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 174.195.194.214 Signed using mobile Sent: 8/29/2023 8:45:44 AM Resent: 8/29/2023 8:46:56 AM Viewed: 8/29/2023 11:52:08 AM Signed: 8/29/2023 11:52:42 AM Electronic Record and Signature Disclosure: Accepted: 8/29/2023 11:52:08 AM ID: cd4b4fbb-dd96-46b3-8ece-3ebf3d5b78ad Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 198.49.140.10 Sent: 8/29/2023 11:52:45 AM Viewed: 9/20/2023 10:48:47 AM Signed: 9/20/2023 10:49:17 AM 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 Using IP Address: 198.49.140.10 Sent: 9/20/2023 10:49:19 AM Viewed: 9/20/2023 11:34:25 AM Signed: 9/20/2023 11:34:34 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Jesus Salazar jesus.salazar@cityofdenton.com Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 9/20/2023 11:34:36 AM Viewed: 9/20/2023 12:37:46 PM Signed: 9/20/2023 12:38:31 PM Electronic Record and Signature Disclosure: Accepted: 9/20/2023 12:37:46 PM ID: 7e9b97d1-e2d2-4161-8a0a-ee7a5372c740 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: 8/21/2023 7:30:45 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Carbon Copy Events Status Timestamp Gretna Jones gretna.jones@cityofdenton.com Legal Secretary City of Denton Security Level: Email, Account Authentication (None) Sent: 8/29/2023 11:52:44 AM Viewed: 8/29/2023 3:16:45 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign City Secretary Office citysecretary@cityofdenton.com Security Level: Email, Account Authentication (None) Sent: 9/20/2023 12:38:33 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Jesus Perez Jesus.Perez@cityofdenton.com Security Level: Email, Account Authentication (None) Sent: 9/20/2023 12:38:34 PM Electronic Record and Signature Disclosure: Accepted: 9/14/2023 1:37:37 PM ID: ada6eb6d-9a6a-4074-92d3-5fd85195f04b Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 8/21/2023 7:30:17 PM Certified Delivered Security Checked 9/20/2023 12:37:46 PM Signing Complete Security Checked 9/20/2023 12:38:31 PM Completed Security Checked 9/20/2023 12:38:34 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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