6590-097 - 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: C73C553B-4DDF-41BE-974C-D697F3C921D3
Erica Garcia
Ryan Rd Design Amendment 1
6590-097
Not Applicable
FILE
N/A
JULY 16, 2024
24-1342
6590-097 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 6590-097
THE STATE OF TEXAS §
COUNTY OF DENTON §
THIS FIRST AMENDMENT TO CONTRACT 6590-097 (“Amendment”) by and
between the City of Denton, Texas (“City”) and Kimley-Horn and Associates, Inc.
(“Engineer”); to that certain contract executed on February 23, 2021, in the original not-
to-exceed amount of $461,100 (the “Agreement”); for services related to Ryan Road
Corridor 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 $1,238,265.15 with this Amendment for an aggregate not-to-exceed
amount of $1,699,365,15; 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
Ryan Road 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
$1,238,265.15.
2. This Amendment modifies the Agreement amount to provide an additional
$1,238,265.15 for the additional services with a revised aggregate not to exceed
total of $1,699,365,15.
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: C73C553B-4DDF-41BE-974C-D697F3C921D3
6590-097 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-HORNAND ASSOCIATES,
INC.
By:
_________________________________
AUTHORIZED SIGNOR, TITLE
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
By: _________________________________
ATTEST:
LAUREN THODEN, 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: C73C553B-4DDF-41BE-974C-D697F3C921D3
Scott R. Arnold
Capital Projects
Director of Capital Projects
Trevor Crain, PMP
07/16/2024
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT ADDITIONAL SERVICES Professional Services Agreement: RYAN ROAD CORRIDOR IMPROVEMENTS Amendment Scope of Services
This is Amendment number 1 dated _______________ to the agreement between City of Denton
("CITY") and Kimley-Horn and Associates, Inc. ("ENGINEER") dated February 23, 2021 (“the Agreement") concerning Ryan Road Corridor Improvements (the "Project").
The ENGINEER has entered into the AGREEMENT with CITY 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 ENGINEER for compensation as set forth below in accordance with the terms of the ENGINEER, which are
incorporated by reference.
A. Scope of Services The CITY has requested that the services currently authorized to be performed by the ENGINEER in accordance with the original Agreement be modified. The CITY has requested that the ENGINEER perform additional services consisting of:
• Additional data collection
• Preliminary and final design for roadway, utilities, drainage, and illumination
• Bidding and construction phase services Task 1 Project Management
Task 1.1 Monthly Status Reports, Invoicing, and Team Coordination
The ENGINEER will provide monthly invoices and status reports. Task 1.2 Design Meetings with City Staff
The ENGINEER will conduct and document monthly coordination meetings with the project team
and other key stakeholders. During these meetings, the design team will discuss design elements, challenges, and make decisions regarding any proposed design options.
Task 1.3 Permitting
The CITY will be responsible for administration of all permits. The ENGINEER will provide exhibits and information necessary for permit approval. The ENGINEER understands the
following permits will be required:
• TxDOT Utility Installation Request (UIR)/RULIS Permit
• Canadian Pacific Kansas City (CPKC) Rail Crossing Permit
EXHIBIT A
Docusign Envelope ID: C73C553B-4DDF-41BE-974C-D697F3C921D3
07/16/2024
Task 1.4 Franchise Utility Coordination
The ENGINEER will coordinate with franchise utility companies within the project area to obtain existing line maps, determine potential conflicts, and provide conflict information to the CITY for further coordination. The ENGINEER will assist the CITY in review of any franchise utility relocation plans. Up to sixty (60) hours will be spent on franchise utility coordination. Any additional time spent beyond the allotted sixty (60) hours will be considered additional services.
Task 1.5 Eminent Domain Coordination
The ENGINEER will attend and document up to two (2) meetings with CITY staff to aid in
eminent domain proceedings.
Deliverables:
• Monthly invoices and status reports.
• Meeting agendas and meeting notes Assumptions:
• It is assumed Coordination Meetings will be required for twelve (12) months. Additional
Coordination Meetings will be considered Additional Services.
Task 2 Data Collection
Task 2.1 Data Collection and Analysis
The ENGINEER will collect additional data for preliminary and final design. This information will be utilized to analyze existing constraints and issues for the development of the conceptual design. The following elements will be used to develop the base map.
2.1.1 Aerial Photography – The ENGINEER will collect aerial photography for the project corridor from NearMaps and/or available aerial photos from the CITY. 2.1.2 Available Record Drawing Research – The ENGINEER will collect any available record drawings from the CITY within the project limits. 2.1.3 Available CITY GIS utility information – The ENGINEER will utilize the CITY’s online GIS information to compile utility information for the study area. 2.1.4 Field Observation – The ENGINEER will conduct up to five (5) site visits to visually document the existing conditions with the Contractor. 2.1.5 Utility Data Collection – The ENGINEER will meet with the CITY to discuss
historical, existing, and future conditions along the project corridor.
Task 2.2 Topographic and Boundary Survey
The ENGINEER will prepare additional topographic survey and right-of-way determination to be used for civil engineering design purposes. The topographic survey is to be used in-house and will not be issued as a stand-alone survey document.
2.2.1 The limits of survey will include ten (10) feet beyond existing right-of-way and fifty (50) feet beyond the construction limits for the water line extension area along Country Club Road between Ryan Road and the Denton Classical Academy.
2.2.2 The survey will consist of: the location of the right-of-way lines and adjoining property lines with existing easements readily available in the public record (this does not include an abstract of title);elevations; contour lines representing the surface of the
existing ground at one foot intervals based on a survey grid system and tied to existing
EXHIBIT A
Docusign Envelope ID: C73C553B-4DDF-41BE-974C-D697F3C921D3
control points; observed (only if clearly visible from the surface) locations of existing water, sewer, storm drain, franchise utility facility appurtenances, trees, shrubs, and flowerbeds; pavement, sidewalk, and other visible corridor improvements, and
benchmarks established with the survey.
Task 2.3 Subsurface Utility Engineering (SUE)
The ENGINEER will, via a sub-consultant, expose additional utilities using SUE methods and
collect survey data on their exposed location. This information will be used during civil engineering design. SUE qualities are described as follows: 2.3.1 Level B Subsurface Utility Exploration
o Quality Level B (QL-B) involves the application of appropriate surface geophysical methods to determine the existence and horizontal position of virtually all utilities within the project limits. This activity is called "designating". The information obtained in this manner is surveyed to project control. It addresses problems caused by inaccurate utility records, abandoned or unrecorded facilities, and lost references.
o SUE QL-B fee is based on an average of six (6) underground utilities for approximately 850 linear feet each. If there are additional utility lines, or we need to obtain more than 850 linear feet for each utility, additional fee may be needed.
Additional Level B SUE will be considered additional services.
2.3.2 Level A Subsurface Utility Exploration
o Quality Level A (QL-A), also known as “locating”, is the highest level of accuracy presently available and involves the full use of subsurface utility engineering services. It provides information for the precise plan and profile
mapping of underground utilities through the nondestructive exposure of underground utilities. QL-A provides the type, size, condition, material, and other characteristics of underground features.
o SUE QL-A fee is based on obtaining up to twenty (20) test holes within the project limits. Test hole information will be provided in the construction drawings in a table format. Any additional test holes needed will be considered additional
services.
Task 4 Property Acquisition Services
Task 4.1 Right-of-Way and Temporary Construction Easement Documentation
4.1.1 The ENGINEER will prepare a metes and bounds description and sketch showing the
location and dimensions for proposed easements. Easement language will either be the unaltered standard language provided by the local jurisdiction, or as agreed to by the Grantor and Grantee and provided complete to the ENGINEER. The CITY will
file the documents. The ENGINEER will prepare up to twenty (20) temporary construction easement or
right-of-way documents.
EXHIBIT A
Docusign Envelope ID: C73C553B-4DDF-41BE-974C-D697F3C921D3
Task 4.2 Property Acquisition Services
4.2.1 ENGINEER will perform the following services for Easement Acquisition Services:
1. ENGINEER’s Real Estate Agent shall provide appraisals for proposed easements on up to twenty (20) 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.
2. Provide property negotiation services for up to twenty (20) parcels for the
proposed line as follows:
a. 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).
b. 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 their authorized representative. A maximum of five (5) total contacts will be 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.
c. 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.
d. 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
EXHIBIT A
Docusign Envelope ID: C73C553B-4DDF-41BE-974C-D697F3C921D3
Real Estate Agent. ENGINEER’s Real Estate Agent will then inform the Title
Company that the parcel is ready for closing.
3. ENGINEER’s Real Estate Agent will coordinate contacts with the CITY to deliver
any payments to the Title Company prior to closing.
4. 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.
5. ENGINEER’s Real Estate Agent will coordinate and attend all closings at the Title Company.
6. ENGINEER’s Real Estate Agent will confirm that the Title Company records all
documents at the Denton County Courthouse after closing.
7. ENGINEER’s Real Estate Agent will confirm that the Title Company forwards
copies of all recorded documents to the CITY.
Task 5 Roadway Design
The ENGINEER will prepare construction plans, specifications, and estimates for full depth reconstruction and mill and overlay of Ryan Road per CITY standards.
Task 5.1 Preliminary Design (60%)
5.1.1 The ENGINEER will prepare a 22”x34” Preliminary (60%) Plan Set consisting of the following elements:
o Cover sheet and index of sheets
o General notes
o Project control
o Utility layout
• Existing and proposed horizontal layout
• Utility design will be performed under Task 6
o Roadway typical sections
• Existing and Proposed
o Removals
o Roadway plan and profile drawings at 1”=20’ horizontal and 1”=4’ vertical scale.
o Sidewalk and curb ramps
o Pavement markings and signage
o Retaining wall plan and profile drawings at 1”=20’ horizontal and 1”=4’ vertical
scale.
o Cross sections at fifty (50) foot increments
EXHIBIT A
Docusign Envelope ID: C73C553B-4DDF-41BE-974C-D697F3C921D3
o Traffic control and detour plans
o Construction details
o Summary of quantities
o Specifications and special provisions 5.1.2 Opinion of Probable Cost (OPCC): Based on the OPCC prepared by the ENGINEER, the corridor improvements maybe reduced or bid alternatives added in order to fit within the CITY’s budget. The
ENGINEER has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions. Opinions of probable costs provided are based on the information known at the time the costs were prepared and represent only the ENGINEER's judgment as a design professional familiar with the construction industry. The ENGINEER cannot and does not guarantee that proposals, bids, or actual construction costs will not vary
from its opinions of probable costs. 5.1.3 The ENGINEER will conduct a Preliminary Design (30%) review meeting to review
and respond to all comments received from the CITY.
Task 5.2 Final Design (90%)
5.2.1 The ENGINEER will respond to and address one (1) round of comments provided by the CITY and prepare a 22”x34” Final (90%) Plan Set consisting of the elements in Task 5.1. 5.2.2 OPCC
5.2.3 The ENGINEER will conduct and document a Final Design (90%) review meeting for each project area to review and respond to all comments received from the project team.
Task 5.3 Final Sealed (100%) Submittal
5.3.1 The ENGINEER will respond to and address one (1) round of comments provided by the CITY and prepare a Final Sealed (100%) Plan Set consisting of the elements in
Task 5.3. 5.3.2 OPCC
Deliverables:
• Digital 22”x34” PDF Plan Set for Preliminary (60%), Final (90%), and Final Sealed (100%) Roadway Design.
o Up to three (3) 22”x34” hard copies may be submitted at the CITY’s request.
• Meeting notes Preliminary (60%) and Final (90%) Roadway Design review meetings.
Task 6 Utility Design
The ENGINEER will prepare construction plans, specifications, and estimates for the construction of water and sanitary sewer line segments identified, including the water line extension along
Country Club Road, per CITY standards.
EXHIBIT A
Docusign Envelope ID: C73C553B-4DDF-41BE-974C-D697F3C921D3
Task 6.1 Water Design
6.1.1 The ENGINEER will prepare the following items for the construction plan set:
o Horizontal layouts for water line relocations and necessary appurtenances.
o Vertical profiles for water line relocations and necessary appurtenances providing the required clearance from all known conflicts.
o Water line details, including connection details.
o Sequencing notes for shutdown and connection sequencing plans.
o Abandonment layouts as needed.
o Temporary and permanent easements as needed.
o Design tunnels/bores including casing/tunnel liner plate minimum thickness and inside diameter, shafts, allowable methods, control of ground water, and appropriate tolerances with the chosen method.
Task 6.2 Sanitary Sewer Design
6.2.1 The ENGINEER will prepare the following items for the construction plan set:
o Horizontal layouts for sanitary sewer line relocations and necessary appurtenances.
o Vertical profiles for sanitary sewer line relocations and necessary appurtenances
providing the required clearance from all known conflicts.
o Sanitary sewer line details.
o Sequencing notes for shutdown and connection sequencing plans.
o Abandonment layouts as needed.
o Temporary and permanent easements as needed.
o Design tunnels/bores including casing/tunnel liner plate minimum thickness and inside diameter, shafts, allowable methods, control of ground water, and appropriate tolerances with the chosen method.
Task 6.3 Preliminary Design (60%)
6.3.1 The ENGINEER will prepare a 22”x34” Preliminary (60%) Plan Set consisting of the
following elements:
o Abandonment layout
o Waterline plan and profile drawings at 1”=40’ horizontal and 1”=4’ vertical scale
o Sanitary sewer line plan and profile drawings at 1”=40’ horizontal and 1”=4’ vertical scale
o Plan view of the base map shall have all above ground features shown and clearly
labeled along with existing utilities based on field ties and record information.
o Plan view shall include design notes for stationing, size, slope, pipe material, embedment, length, and construction method.
o Profile view shall include design notes for stationing, size, slope, flow-line of pipe, pipe material, embedment, length and construction method.
o Standard construction details
o Preliminary water line details, including connection details
o Summary of quantities
o Specifications and special provisions 6.3.2 OPCC
EXHIBIT A
Docusign Envelope ID: C73C553B-4DDF-41BE-974C-D697F3C921D3
Task 6.4 Final Design (90%)
6.4.1 The ENGINEER will respond to, and address one (1) round of comments provided by the CITY and prepare a Final Design (90%) Plan Set consisting of the elements in Task 6.3 as well as the following elements:
o Surface repair sheets and details as needed.
6.4.2 OPCC
Task 6.5 Final Sealed (100%) Submittal
6.5.1 The ENGINEER will respond to and address one (1) round of comments provided by
the CITY and prepare a Final Sealed Design (100%) Plan Set consisting of the elements in Task 6.4.
6.5.2 OPCC
Deliverables:
• Digital 22”x34” PDF Plan Set for Preliminary (60%), Final (90%), and Final Sealed (100%) Utility Design.
o Up to three (3) 22”x34” hard copies may be submitted at the CITY’s request.
Task 7 Storm Drain Design
Task 7.1 Preliminary Design (60%)
7.1.1 The ENGINEER will prepare the following items for the construction plan set:
o Existing and Proposed Drainage Area Maps
o Horizontal layout for internal systems, roadside ditches, and culvert crossings
o Vertical profiles for internal systems, roadside ditches, and culvert crossings
o Hydraulic calculations for internal systems, roadside ditches, and culvert crossings
o Headwall construction details
o Standard construction details
o Preliminary storm drain details
o Summary of quantities
o Specifications and special provisions Task 7.2 Final Design (90%)
7.2.1 The ENGINEER will respond to and address one (1) round of comments provided by the CITY and prepare a Final Design (90%) Plan Set consisting of the elements in Task 7.1. 7.2.2 OPCC
Task 7.3 Final Sealed (100%) Submittal
7.3.1 The ENGINEER will respond to and address one (1) round of comments provided by the CITY and prepare a Final Sealed Design (100%) Plan Set consisting of the elements in Task 7.2. 7.3.2 OPCC
EXHIBIT A
Docusign Envelope ID: C73C553B-4DDF-41BE-974C-D697F3C921D3
Task 7.4 Flood Study
7.4.1 The ENGINEER will revise the hydrology for Ryan Road culvert crossings prepared as part of the conceptual design. The revisions will be to reflect the final design of the major culvert crossings. The study will include existing, proposed, and fully developed watershed conditions as required by the CITY. Hydrologic parameters will be developed in accordance with CITY criteria.
7.4.2 The ENGINEER will revise the hydraulics models to determine the impacts of the proposed culvert crossings. In total there are six (6) culvert crossings, two (2) of
which being crossings within FEMA effective floodplains. The ENGINEER will perform iterations to the models and grading plan to mitigate adverse increases in 100-year water surface elevations.
7.4.3 The Flood study will be prepared to meet FEMA standards and requirements and CITY requirements. The Flood Study will consist of the following:
o Narrative
o Drainage Area Maps
o Peak Flow Comparison Tables
o HEC-HMS Output
o Pre/Post-Project Floodplain Maps
o Water Surface Elevation Comparison Tables
o HEC-RAS Output
o Cross-Culvert Plan and Profile Sheets
o Storm Pipe and Headwall Details
o FEMA Effective Flows
o FIS Profile
o FEMA FIRM
o Annotated FEMA FIRM
o Affected Property Owners
o Digital Files 7.4.4 After completion of the culvert crossings within the FEMA effective floodplains,
topographic survey will be performed by the Contractor and returned to the CITY. This survey will be used for the purposes of preparing the Letter of Map Revision (LOMR) to submit to FEMA. The ENGINEER will revise the flood study based upon as-built data and submit to FEMA for approval. Permitting Fee for the LOMR requests will be paid for by the CITY. Additional items to be included as part of LOMR Submittal:
o Signed and Sealed Topographic Survey (Provided by Contractor)
o FEMA Forms
o As-Built Plans
o Check RAS Deliverables:
• Digital 22”x34” PDF Plan Set for Preliminary (60%), Final (90%), and Final Sealed (100%) Roadway Design.
o Up to three (3) 22”x34” hard copies may be submitted at the CITY’s request.
• HEC-HMS and HEC-RAS output files.
• LOMR submitted to FEMA.
EXHIBIT A
Docusign Envelope ID: C73C553B-4DDF-41BE-974C-D697F3C921D3
Task 8 Illumination Design
Task 8.1 Illumination Design
The ENGINEER will prepare construction plans, specifications, and estimates for illumination design for Ryan Road and the proposed shared use path per CITY standards.
7.1.2 The ENGINEER will gather available as-built information from the CITY including existing lighting infrastructure. As-built information received from the CITY will be visually verified in the field. 7.1.3 The ENGINEER will meet on-site with CITY street lighting staff to determine street light circuit configurations. The ENGINEER will also meet on-site with DME to determine service feed options for the proposed street lighting. 7.1.4 The ENGINEER will prepare the illumination plans in accordance with CITY
guidelines. The following design elements will be included with Task 5 Preliminary (60%), Final (90%), and Final Sealed (100%) deliverables:
o Existing Conditions and Removals
o Proposed Illumination Layout
o Wiring Charts
o Summary Sheets
o Electrical Service Panel Schedules Deliverables:
• Digital 22”x34” PDF Plans for Illumination Design with Preliminary (60%), Final (90%), and Final Sealed (100%) deliverables.
Task 9 Bidding and Construction Services
Task 9.1 Bidding Support
The ENGINEER will provide the following support for bidding of Ryan Road:
• Pre-Bid Meeting – The ENGINEER will attend one (1) pre-bid meeting.
• Requests for Information - The ENGINEER will respond to reasonable and appropriate
Contractor requests for information during bidding in the form of an addenda. Requests for information will be received and responded to until an agreed upon date prior to the established bid opening date. The addenda will be issued to all registered plan holders.
• Bid Opening – The ENGINEER will attend one (1) bid opening meeting.
• Addenda – The ENGINEER will incorporate all addenda into the contract documents and
issue conformed sets.
Regular Construction Meetings
The ENGINEER will attend monthly construction meetings with the project team.
EXHIBIT A
Docusign Envelope ID: C73C553B-4DDF-41BE-974C-D697F3C921D3
Task 9.2 Site Visits
9.2.1 The ENGINEER will conduct one (1) site visit for the entire project limits each month during construction and perform construction observation.
9.2.2 The ENGINEER shall not, during such visits or as a result of such observations of the Contractor’s work in progress, supervise, direct, or have control of the Contractor’s work, nor shall the ENGINEER have authority over or responsibility for the means,
methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction selected by the Contractor, for safety precautions and programs incident to the Contractor’s work, nor for any failure of the Contractor to
comply with laws and regulations applicable to the Contractor’s furnishing and performing the work. Accordingly, the ENGINEER neither guarantees the performance of any contractor nor assumes responsibility for any of the Contractor’s
failure to furnish and perform its work in accordance with the Contract Documents.
Task 9.3 Recommendations with Respect to Defective Work
Provide recommendations to the CITY that Contractor’s work be disapproved and rejected while it
is in progress if, on the basis of site visit evaluations, the ENGINEER believes such work will not produce a completed Project that conforms generally to the Contract Documents or that it will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. Notwithstanding the foregoing, the CITY reserves the right to disapprove or reject the Contractor’s work without a recommendation from the ENGINEER.
Task 9.4 Clarifications and Interpretations
Issue necessary clarifications and interpretations of the Contract Documents to the CITY as appropriate to the orderly completion of the Contractor’s work. Such clarifications and
interpretations will be consistent with the intent of the Contract Documents. Field orders authorizing variations from the requirements of the Contract Documents will be made by the CITY.
Task 9.5 Change Orders
9.5.1 Recommend change orders to the CITY, as appropriate.
9.5.2 Review and make recommendations related to Change Orders submitted or proposed
by the Contractor.
Task 9.6 Shop Drawings and Samples
Review and approve or take other appropriate action in respect to Shop Drawings and Samples and
other data which the Contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs. Assumes up to one hundred (100) shop drawings.
EXHIBIT A
Docusign Envelope ID: C73C553B-4DDF-41BE-974C-D697F3C921D3
Task 9.7 Substitutes and “or-equal”
Evaluate and determine the acceptability of substitute or “or-equal” materials and equipment proposed by the Contractor in accordance with the Contract Documents, but subject to the provisions of applicable standards of state or local government entities.
Task 9.8 Inspections and Tests
Review certificates of inspections and tests within the ENGINEER’s area of responsibility for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Contract Documents. The
ENGINER will be entitled to rely on the results of such tests and facts being certified. The scope of services assumes the pumps and motors will go through a non-witnessed factory test. Attending testing will be considered additional services.
Task 9.9 Disagreements between City and Contractor
As necessary, the ENGINEER will, with reasonable promptness, render initial written decision on all claims of the CITY and Contractor relating to the acceptability of the Contractor’s work or the interpretation of the requirements of the Contract Documents pertaining to the progress of the Contractor’s work. In rendering such decisions, the ENGINEER will be fair and not show partiality to the CITY or Contractor and will not be liable in connection with any decision
rendered in good faith in such capacity. The initial decision of the ENGINEER shall be required as a condition precedent to mediation or litigation of any claim arising prior to the date final payment is due to the Contractor, unless thirty (30) days have passed after a claim has been referred to the
ENGINEER with no decision having been rendered.
Task 9.10 Final Walkthrough and Punchlist Preparation
9.10.1 Attend final walkthrough with the Contractor and CITY to determine if the completed
work of the Contractor is generally in accordance with the Contract Documents.
a. Limitation of Responsibilities: The ENGINEER will not be responsible for the
acts or omissions of any contractor, suppliers, or of any other individual entity performing or furnishing the work. The ENGINEER will not have the authority or responsibility to stop the work of any contractor.
9.10.2 Compile punch list from information gathered during final walkthrough with the CITY and Contractor.
Assumptions:
• It is assumed the construction phase will be for twenty-four (24) months. Additional Construction Phase Services will be considered Additional Services.
Task 10 Record Drawings
Task 10.1 Record Drawings
10.1.1 Obtain and review comments and field changes on the construction plans from the CITY and contractor.
10.1.2 Prepare record drawings based on comments and field changes. The ENGINEER will not be providing resident engineering services and will not be observing on a full-time
EXHIBIT A
Docusign Envelope ID: C73C553B-4DDF-41BE-974C-D697F3C921D3
basis and will therefore not seal the record drawings. The record drawings will be
provided as digital 22”x34” PDF.
Compensation The additional services described above will be accommodated by increasing the contract amount by $1,238,265.15. The CITY shall compensate the ENGINEER as follows: Lump Sum The ENGINEER will perform the services in Tasks 2 and 5-7 for the total lump sum fee below. Individual task amounts are informational only. All permitting, application, and similar project fees will be paid directly by the CITY.
Task Original Contract Remaining Amendment No. 1 Revised Contract
Revised Remaining
Task 2 – Data Collection
2.1 – Base Mapping $18,800.00 $17,482.03 $3,417.97 $22,217.97 $20,900.00
2.2 – Topographic Survey $78,600.00 $6,300.46 $(3,500.46) $75,099.54 $2,800.00
2.4.1 – SUE (Level B) $97,900.00 - $62,300.00 $160,200.00 $62,300.00
Task 5 – Roadway Design - - $274,900.00 $274,900.00 $274,900.00
Task 6 – Utility Design - - $207,100.00 $207,100.00 $207,100.00
Task 7 – Drainage Design - - $278,000.00 $278,000.00 $278,000.00
Totals: $195,300.00 $23,782.49 $822,217.51 $1,017,517.51 $846,000.00
Lump sum fees will be invoiced monthly based upon the overall percentage of services performed. Individual task amounts are provided for budgeting purposes only. The ENGINEER reserves the right to reallocate amounts among tasks as necessary. Hourly Not to Exceed The ENGINEER will perform the services in Tasks 1-4, and 8-11 on a labor fee plus expense basis
with the maximum labor fee shown below. The ENGINEER will not exceed the total maximum labor fee shown without authorization from the CITY. Individual task amounts are provided for budgeting purposes only. The ENGINEER reserves the right to reallocate amounts among tasks as necessary. Labor fee will be billed on an hourly basis according to our then-current rates.
EXHIBIT A
Docusign Envelope ID: C73C553B-4DDF-41BE-974C-D697F3C921D3
Task Original Contract Remaining Amendment No. 1 Revised Contract
Revised Remaining
Task 1 – Project Management $10,400.00 $2,392.51 $62,307.49 $72,707.49 $64,700.00
Task 2 – Data Collection
2.3 – Geotechnical Analysis $28,600.00 $6,462.50 $27,637.50 $56,237.50 $34,100.00
2.4.2 – SUE (Level A) - - $41,800.00 $41,800.00 $41,800.00
Task 3 – Conceptual Design (30% Submittal) $197,100.00 $50,997.35 $(50,997.35) $146,102.65 -
Task 4 – Right-of-Way Documentation $27,500.00 $27,500.00 $170,500.00 $198,000.00 $198,000.00
Task 8 – Illumination Design - - $60,500.00 $60,500.00 $60,500.00
Task 9 – Construction Phase Services - - $89,900.00 $89,900.00 $89,900.00
Task 10 – Record Drawings - - $14,400.00 $14,400.00 $14,400.00
Task 11 – Reimbursable
Expenses $2,200.00 $1,998.78 - $2,200.00 $1,998.78
Totals: $265,800.00 $89,351.14 $416,047.64 $681,847.64 $505,398.78
As to these tasks, direct reimbursable expenses such as express delivery services, fees, air travel, and other direct expenses will be billed at 1.10 times cost. A percentage of labor fee will be added to each invoice to cover certain other expenses as to these tasks such as telecommunications, in-
house reproduction, postage, supplies, project related computer time, and local mileage. Administrative time related to the project may be billed hourly. All permitting, application, and similar project fees will be paid directly by the CITY. Payment will be due within 30 days of your receipt of the invoice and should include the invoice number and Kimley-Horn project number.
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, Vice President
Date:____________________________
EXHIBIT A
Docusign Envelope ID: C73C553B-4DDF-41BE-974C-D697F3C921D3
07/16/2024 07/16/2024
City Manager
Certificate Of Completion
Envelope Id: C73C553B4DDF41BE974CD697F3C921D3 Status: Completed
Subject: Please DocuSign: City Council Contract 6590-097
Source Envelope:
Document Pages: 17 Signatures: 7 Envelope Originator:
Certificate Pages: 6 Initials: 1 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
6/6/2024 6:44:42 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
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.104
Sent: 6/6/2024 6:48:07 AM
Viewed: 6/6/2024 6:50:30 AM
Signed: 6/6/2024 6:50:59 AM
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: 198.49.140.10
Sent: 6/6/2024 6:51:00 AM
Viewed: 6/6/2024 9:46:45 AM
Signed: 6/6/2024 10:03:50 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Marcella Lunn
marcella.lunn@cityofdenton.com
Senior Deputy City Attorney
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 6/6/2024 10:03:52 AM
Viewed: 6/6/2024 10:13:18 AM
Signed: 6/6/2024 1:08:30 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Scott Arnold
Scott.arnold@kimley-horn.com
Scott R. Arnold
Security Level: Email, Account Authentication
(None)Signature Adoption: Uploaded Signature Image
Using IP Address: 130.41.212.55
Sent: 6/6/2024 1:08:34 PM
Viewed: 6/6/2024 1:14:51 PM
Signed: 6/6/2024 1:15:19 PM
Electronic Record and Signature Disclosure:
Accepted: 6/6/2024 1:14:51 PM
ID: 7ce5023c-f82e-4f84-847c-d6e07fba254f
Signer Events Signature Timestamp
Scott Arnold
Scott.arnold@kimley-horn.com
Scott R. Arnold
Security Level: Email, Account Authentication
(None)Signature Adoption: Uploaded Signature Image
Using IP Address: 130.41.212.55
Sent: 6/7/2024 8:36:50 AM
Viewed: 6/7/2024 9:58:43 AM
Signed: 6/7/2024 9:58:50 AM
Electronic Record and Signature Disclosure:
Accepted: 6/7/2024 9:58:43 AM
ID: e642d710-dbd5-406a-a3d4-bf8a15e750d7
Trevor Crain, PMP
Trevor.Crain@cityofdenton.com
Director of Capital Projects
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 6/6/2024 1:15:22 PM
Viewed: 6/6/2024 1:39:32 PM
Signed: 6/7/2024 8:41:21 AM
Electronic Record and Signature Disclosure:
Accepted: 6/6/2024 1:39:32 PM
ID: 63c2d14a-f198-4cba-b9a0-7677f5c051f7
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: 6/7/2024 9:58:54 AM
Viewed: 7/17/2024 9:08:12 AM
Signed: 7/17/2024 9:08:46 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: 47.190.47.120
Signed using mobile
Sent: 7/17/2024 9:08:49 AM
Viewed: 7/17/2024 9:37:16 AM
Signed: 7/17/2024 9:37:23 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lauren Thoden
lauren.thoden@cityofdenton.com
City Secretary
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 7/17/2024 9:37:27 AM
Viewed: 7/17/2024 11:09:33 AM
Signed: 7/17/2024 11:10:09 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
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: 6/6/2024 6:51:01 AM
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: 6/7/2024 9:58:53 AM
Viewed: 6/13/2024 2:46:58 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
City Secretary Office
citysecretary@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 7/17/2024 11:10:12 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Dustin Draper
dustin.draper@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 7/17/2024 11:10:13 AM
Electronic Record and Signature Disclosure:
Accepted: 6/7/2024 1:23:55 PM
ID: 135454af-a37f-4459-b46d-8425184d7d63
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 6/6/2024 6:48:07 AM
Envelope Updated Security Checked 6/7/2024 8:36:49 AM
Envelope Updated Security Checked 6/7/2024 8:36:49 AM
Certified Delivered Security Checked 7/17/2024 11:09:33 AM
Signing Complete Security Checked 7/17/2024 11:10:09 AM
Completed Security Checked 7/17/2024 11:10:13 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
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Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Scott Arnold, Scott Arnold, Trevor Crain, PMP, Dustin Draper
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