7292-006 - Amendment 1 Executed
Docusign Transmittal Coversheet
File Name
Purchasing Contact
Contract Expiration
DocuSign Envelope ID: 90BA5F52-6898-4E5B-A0C4-B27EBE5D6F54
7292-006 UPRR Downton Quiet Zone Design Amend 1
Erica Garcia
NA
7292-006 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
THE STATE OF TEXAS §
COUNTY OF DENTON §
THIS FIRST AMENDMENT TO CONTRACT 7292-006 (“Amendment”) by and
between the City of Denton, Texas (“City”) and Kimley-Horn and Associates, Inc.
(“Engineer”); to that certain contract executed on May 3, 2022, in the original not-to-
exceed amount of $312,000. (the “Agreement”); for services related to Union Pacific
Railroad (UPRR) Downtown Quiet Zone Design.
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 $48,500 with this Amendment for an aggregate not-to-exceed
amount of $360,500; 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
Union Pacific Railroad (UPRR) Downtown Quiet Zone Design, 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 $48,500.
2. This Amendment modifies the Agreement amount to provide an additional $48,500
for the additional services with a revised aggregate not to exceed total of $360,500.
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: 90BA5F52-6898-4E5B-A0C4-B27EBE5D6F54
7292-006 PSA – Amendment #1 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 _________________________.
“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: 90BA5F52-6898-4E5B-A0C4-B27EBE5D6F54
Vice President
Engineering Services
Director of Capital Projects
Trevor Crain
February 1, 2024
Senior Buyer
Amendment No. 1
DENTON QUIET ZONES January 8, 2024
1 of 3
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT
ADDITIONAL SERVICES
Professional Services Agreement:
DOWNTOWN UNION PACIFIC RAILROAD (UPRR) QUIET ZONE
DESIGN
Amendment Scope of Services
Scope of Services
The CITY has requested that the ENGINEER perform additional services consisting of the
following:
Task 11 – Sycamore St. Full Depth Reconstruction
This task will consist of the following:
·Update typical sections to reflect the proposed full depth section.
·Update removal, paving, and grading plans to reflect the proposed full depth reconstruction.
·Update drainage design as necessary.
·Update the OPCC for full depth reconstruction.
·One (1) round of QA/QC.
ASSUMPTIONS
·All pavement depths are based on the proposed Sycamore St. section used for SED-B
Improvements.
·Existing drainage system will not be altered. It is assumed that the drainage modifications
are limited to modifying existing drainage inlets as necessary to accommodate the changes
due to the full depth reconstruction.
DELIVERABLES
·Design Plans for Sycamore St. full depth reconstruction.
Task 12 – Shady Oaks Addition
ENGINEER will assist CITY with the railroad coordination and diagnostic meeting to maintain the
existing quiet zone at the DCTA at Shady Oaks Drive crossing (DOT 414-678S). The existing
crossing is part of a pre-existing quiet zone corridor with an existing wayside horn. The CITY has
requested the removal of the wayside horn while keeping the crossing as part of the overall existing
quiet zone. This task will consist of the following:
·Perform quiet zone calculation for the corridor.
·Coordinate, prepare and attend diagnostic meeting with CITY, UPRR and FRA.
·Prepare diagnostic meeting notes to distribute to diagnostic team for review.
·Address comments on diagnostic meeting notes.
·Prepare and submit Notice of Intent (NOI) for review.
·Update and respond to comments from NOI.
·Prepare and attend for the quiet zone compliance construction site visit.
·Prepare and submit Notice of Establishment (NOE).
·Prepare design plans showing the proposed improvements at the Railroad crossing.
EXHIBIT ADocuSign Envelope ID: 90BA5F52-6898-4E5B-A0C4-B27EBE5D6F54
Amendment No. 1
DENTON QUIET ZONES January 8, 2024
2 of 3
ASSUMPTIONS
·One (1) site visit is assumed.
DELIVERABLES
·Diagnostic meeting notes.
·NOI.
·NOE.
·Design Plans for crossing improvements.
Task 13 – Geotechnical Investigation/Pavement Design
This task will consist of the following:
·Soil investigations, including field and laboratory tests, borings, related engineering analysis
and recommendations for determining soil conditions will be made. In additions to the above
investigations, borings and appropriate field and laboratory analysis will be made at
reasonable intervals along the project alignment for the Contractor’s use in determining soil
conditions for preparing bids and Trench Safety Plan.
·The ENGINEER shall prepare a detailed geotechnical engineering study and pavement
design in conformance with the City of Denton Geotechnical and Pavement Design
Consultation. The study shall include recommendations regarding utility trenching and
identify existing groundwater elevation at each boring.
DELIVERABLES
·Geotechnical report.
EXHIBIT ADocuSign Envelope ID: 90BA5F52-6898-4E5B-A0C4-B27EBE5D6F54
Amendment No. 1
DENTON QUIET ZONES January 8, 2024
3 of 3
Compensation
The additional services described above will be accommodated by increasing the contract amount
by $48,500. The following table summarizes the revised contract amount:
Task Original
Contract
Amendment
No. 1
Revised
Contract
Task 1 – Design Management $18,000 -$18,000
Task 2 – Traffic Data Collection $8,000 - $8,000
Task 3 – Diagnostic meeting and Railroad
Coordination $23,000 -$23,000
Task 4 – Conceptual Design (30 Percent) $61,000 - $61,000
Task 5 – Preliminary Design (60 Percent)$79,000 -$79,000
Task 6 – Final Design (90 Percent and 100
Percent)$88,000 - $88,000
Task 7 – Bidding Phase Services $5,000 -$5,000
Task 8 – Construction Phase Services $16,000 - $16,000
Task 9 – Topographic Survey Services $12,000 -$12,000
Task 10 – TDLR Permitting $2,000 - $2,000
Task 11 – Sycamore St. Full Depth
Reconstruction -$34,000 $34,000
Task 12 – Shady Oaks Addition -$6,000 $6,000
Task 13 – Geotechnical
Investigation/Pavement Design -$8,500 $8,500
Totals:$312,000 $48,500 $360,500
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:____________________________January 8, 2024
EXHIBIT ADocuSign Envelope ID: 90BA5F52-6898-4E5B-A0C4-B27EBE5D6F54
Senior Buyer
February 1, 2024
Certificate Of Completion
Envelope Id: 90BA5F5268984E5BA0C4B27EBE5D6F54 Status: Completed
Subject: ***Purchasing Approval*** 7292-006 UPRR Downtown Quiet Zone Design Amendment 1
Source Envelope:
Document Pages: 6 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: 198.49.140.104
Record Tracking
Status: Original
2/1/2024 7:13:26 AM
Holder: Erica Garcia
erica.garcia@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Erica Garcia
erica.garcia@cityofdenton.com
Senior Buyer
City of Denton
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Completed
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Sent: 2/1/2024 7:18:35 AM
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Signed: 2/1/2024 7:19:04 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Scott Arnold
Scott.arnold@kimley-horn.com
Vice President
Kimley-Horn and Associates, Inc.
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Sent: 2/1/2024 7:19:06 AM
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Signed: 2/1/2024 7:22:51 AM
Electronic Record and Signature Disclosure:
Accepted: 3/27/2020 10:55:11 AM
ID: a1f38400-e5cc-4b57-8548-4dd7e031355d
Trevor Crain
Trevor.Crain@cityofdenton.com
Director of Capital Projects
City of Denton
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Electronic Record and Signature Disclosure:
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Erica Garcia
erica.garcia@cityofdenton.com
Senior Buyer
City of Denton
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(None)
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Using IP Address: 198.49.140.104
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Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
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Sent: 2/5/2024 11:04:44 AM
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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
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