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7894-002 - Amendment 1 Executed DocuSign Transmittal Coversheet File Name Purchasing Contact Docusign Envelope ID: A6264F69-F980-4508-82B8-3281B6FC7B5A 7894-002 Mayhill Inspeections Amendment 1 Erica Garcia 7894-002 PSA – Amendment #1 Page 1 of 2 FIRST AMENDMENT TO CONTRACT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND CONSOR ENGINEERS, LLC. PSA 7894-002 THE STATE OF TEXAS § COUNTY OF DENTON § THIS FIRST AMENDMENT TO CONTRACT 7894-002 (“Amendment”) by and between the City of Denton, Texas (“City”) and CONSOR Engineers, LLC (“Engineer”); to that certain contract executed on January 24, 2023, in the original not-to-exceed amount of $701,289.08 (the “Agreement”); for services related to Mayhill Rd Phase 2 Construction Inspection Services. 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 $44,292.18 with this Amendment for an aggregate not-to-exceed amount of $745,581.26; 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 Mayhill Rd Phase 2 Construction Inspection Services, 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 $44,292.18 2. This Amendment modifies the Agreement amount to provide an additional $44,292.18 for the additional services with a revised aggregate not to exceed total of $745,581.26. 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: A6264F69-F980-4508-82B8-3281B6FC7B5A 7894-002 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” CONSOR ENGINEERS, LLC 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 APPROVED AS TO FORM: MACK REINWAND, CITY ATTORNEY BY: _______________________________ Docusign Envelope ID: A6264F69-F980-4508-82B8-3281B6FC7B5A Executive Vice President Director of Capital Projects Capital Projects Trevor Crain Senior Buyer 12/4/20224 5001 LBJ Freeway Suite 700 Dallas, Texas 75244 Telephone (972) 480-8950 www.consoreng.com August 22nd, 2024 Tracy L. Beck, P.E. Construction Projects Manager City of Denton – Capital Projects/Engineering 401 N. Elm Street Denton, TX 76201 RE: Mayhill Road Phase 2 – Consor Engineers Construction Inspection Contract Dear Tracy, Consor Engineers is providing construction inspection services on the Mayhill Road Phase 2 project in the City of Denton, TX. The original contract (not to exceed) amount for this project was $701,289.08. Throughout construction, the Contractor has worked a project schedule which was not originally planned or budgeted for. Consor has covered inspectable work on multiple Saturdays, one Sunday, and various nights throughout the life of the project. Consor originally planned to work an average of 42 hours per week following the general notes stating inspectable work is to be performed during the hours of 8:00 AM to 5:00 PM. These working hours have not been followed by the Contractor and have resulted in hours in excess of what was originally budgeted. As a result, Consor’s original scoped amount for this project of $701,289.08 will not be sufficient to complete the project (estimated to be October 31st, 2024). Using the actual billed amounts from the beginning to the project to July 2024 and utilizing an average burn rate for August, September, and October 2024, Consor is requesting an additional $44,292.18 to be added to the Contract to cover the work for these months. As with the original contract amount, this budget will be billed on a Not To Exceed basis and any un-billed funds will be kept by the City. Please reference the attached monthly invoice tracking spreadsheet and sample invoice for backup on how these amounts were calculated. Consor is committed to completing this project and has truly enjoyed the opportunity to work with the City of Denton. Thank you, Raymond B. Wells, P.E. Project Manager Consor Engineers EXHIBIT A Docusign Envelope ID: A6264F69-F980-4508-82B8-3281B6FC7B5A Actual Invoice Amounts PROJECTION Cum. Total 1 Mar-23 $40,244.04 $40,244.04 2 Apr-23 $22,695.39 $62,939.43 3 May-23 $31,941.32 $94,880.75 4 Jun-23 $35,459.59 $130,340.34 5 Jul-23 $37,222.33 $167,562.67 6 Aug-23 $33,934.67 $201,497.34 7 Sep-23 $46,782.18 $248,279.52 8 Oct-23 $39,987.70 $288,267.22 9 Nov-23 $35,678.75 $323,945.97 10 Dec-23 $41,419.34 $365,365.31 11 Jan-24 $46,875.45 $412,240.76 12 Feb-24 $37,898.51 $450,139.27 13 Mar-24 $40,957.67 $491,096.94 14 Apr-24 $36,480.87 $527,577.81 15 May-24 $37,662.15 $565,239.96 16 Jun-24 $32,150.08 $597,390.04 17 Jul-24 $37,341.97 $634,732.01 18 Aug-24 $36,949.75 $671,681.76 19 Sep-24 $36,949.75 $708,631.51 20 Oct-24 $36,949.75 $745,581.26 Total $634,732.01 $110,849.25 Current Contract Amount 701,289.08$ $745,581.26 $44,292.18 Total with Projection Total Additional Funds to Add Consor Engineers Monthly Invoice Tracking EXHIBIT A Docusign Envelope ID: A6264F69-F980-4508-82B8-3281B6FC7B5A Sample Monthly Invoice for August, Sept, Oct 2024 Name Hours Rate Amount Jon Leary 205 $54.00 $11,070.00 Braden Trussell 91 $40.00 $3,640.00 Barry Smithley 8 $60.00 $480.00 Totals 304 $15,190.00 Labor Total $32,198.24 Profit Percentage 10%$3,219.82 ODEs Cellphone 1.0 @ 55.00 $55.00 Laptop 1.0 @ 50.00 $50.00 Truck 1.0 @ 1450.00 $1,450.00 Invoice Total $36,973.07 2.1197 times EXHIBIT A Docusign Envelope ID: A6264F69-F980-4508-82B8-3281B6FC7B5A Certificate Of Completion Envelope Id: A6264F69F980450882B83281B6FC7B5A Status: Completed Subject: ***Purchasing Approval*** 7894-002- Mayhill DCTA Inspections Amendment 1 Source Envelope: Document Pages: 6 Signatures: 4 Envelope Originator: Certificate Pages: 5 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: 198.49.140.10 Record Tracking Status: Original 12/4/2024 11:37:12 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: 198.49.140.10 Sent: 12/4/2024 11:38:38 AM Viewed: 12/4/2024 11:38:51 AM Signed: 12/4/2024 11:39:07 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: 12/4/2024 11:39:08 AM Viewed: 12/4/2024 4:19:10 PM Signed: 12/4/2024 4:19:30 PM 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: 35.135.179.188 Sent: 12/4/2024 4:19:32 PM Viewed: 12/4/2024 4:34:50 PM Signed: 12/4/2024 4:48:50 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Raymond Wells rwells@consoreng.com Executive Vice President Security Level: Email, Account Authentication (None)Signature Adoption: Uploaded Signature Image Using IP Address: 99.155.62.5 Sent: 12/4/2024 4:48:52 PM Viewed: 12/4/2024 5:35:23 PM Signed: 12/4/2024 5:36:24 PM Electronic Record and Signature Disclosure: Accepted: 12/4/2024 5:35:23 PM ID: aa032691-2d1c-4acb-9674-b21afc20e2a1 Signer Events Signature Timestamp Trevor Crain 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: 70.237.27.78 Signed using mobile Sent: 12/4/2024 5:36:26 PM Viewed: 12/4/2024 5:38:13 PM Signed: 12/4/2024 5:38:33 PM Electronic Record and Signature Disclosure: Accepted: 12/4/2024 5:38:13 PM ID: f700fb56-557c-4d21-a2aa-9a064ebf7e5c Erica Garcia erica.garcia@cityofdenton.com Senior Buyer City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Sent: 12/4/2024 5:38:35 PM Viewed: 12/4/2024 9:16:42 PM Signed: 12/4/2024 9:16:58 PM 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: 12/4/2024 9:17:00 PM Viewed: 12/4/2024 9:18:04 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 12/4/2024 11:38:38 AM Certified Delivered Security Checked 12/4/2024 9:16:42 PM 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