The URL can be used to link to this page

Home My WebLink About7599-007 - Amendment 4 Executed Docusign Transmittal Coversheet File Name Purchasing Contact Contract Expiration DocuSign Envelope ID: 79CF5AAF-36E0-4514-8DA8-4A389F6A2F89 7599-007 I35 Aesthetic Plan Amendment #4 Erica Garcia NA 7599-007 PSA – Amendment #4 Page 1 of 2 FOURTH 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 FOURTH 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”); amended on September 19, 2023 in the additional amount of $25,765 aggregating a not-to-exceed amount of $188,802 (the “Second Amendment”); amended on November 14, 2023 in the additional amount of $10,000 aggregating a not-to-exceed amount of $198,802. (the “Third Amendment”) (collectively, the Original Agreement, the First Amendment, the Second Amendment, and the Third 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 $10,589.25 with this Amendment for an aggregate not-to-exceed amount of $209,391.25; 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 $10,589.25. 2. This Amendment modifies the Agreement amount to provide an additional $10,589.25 for the additional services with a revised aggregate not to exceed total of $209,391.25. DocuSign Envelope ID: 79CF5AAF-36E0-4514-8DA8-4A389F6A2F89 7599-007 PSA – Amendment #4 Page 2 of 2 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. 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 “CITY” CITY OF DENTON, TEXAS A Texas Municipal Corporation 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: 79CF5AAF-36E0-4514-8DA8-4A389F6A2F89 Vice President Director of Capital Projects Trevor Crain Capital Projects 7/8/24 Senior Buyer 1 AMENDMENT NUMBER 03 TO THE AGREEMENT BETWEEN CLIENT AND KIMLEY-HORN AND ASSOCIATES, INC. This is Amendment number 04 dated March 25, 2024 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 100% level PS&E to the City and TxDOT. The scope below excludes revising these previously prepared schematic themes, however, per the Clients request, the scope below is to address any further comments provided by TxDOT. The original agreement contract amount of $113,137; amended on October 11, 2022 in the additional amount of $49,900 aggregated a not-to-exceed amount of $163,037 (the First Amendment). On September 19, 2023, further expanded Amendment #2 services included an amount of $25,765 for an aggregated not-to-exceed amount of $188,802. On October 31, 2023, further expanded Amendment #3 services included an amount of $10,000 for an aggregated not- to-exceed amount of $198,802. Upon request by the City to modify the walls to accommodate revisions to the “guitar themed” walls, an additional $10,589.25 effort was accumulated to equal a total amount of $209,391.25. Scope of Services Consultant will perform the following services: TASK ADS.5: Hourly upon Request Kimley-Horn will perform additional MSE Wall documentation upon request by the City. The budgeted fee for this task is based upon approximately forty (45) hours of labor. Kimley-Horn will not proceed with performance of services beyond the hours budgeted without written authorization by the City. 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. 04 EXHIBIT A DocuSign Envelope ID: 79CF5AAF-36E0-4514-8DA8-4A389F6A2F89 2 • 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 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 ADS.4 on a labor fee plus expense basis with the maximum labor fee shown below. Task ADS.5: Hourly upon Request $ 10,589.25 Total Project Hourly Grand Total $ 10,589.25 CLIENT: CONSULTANT: CITY OF DENTON, TEXAS KIMLEY-HORN AND ASSOCIATES, INC. By: ______________________________ By: ________________________________ Title: _____________________________ Title: ____Vice President_______________ Date: _____________________________ Date: ___ March 25, 2024 _________ EXHIBIT A DocuSign Envelope ID: 79CF5AAF-36E0-4514-8DA8-4A389F6A2F89 Senior Buyer 7/8/24 Certificate Of Completion Envelope Id: 79CF5AAF36E045148DA84A389F6A2F89 Status: Completed Subject: ***Purchasing Approval*** 7599-007 I-35 Aesthetic Plan Amendment 4 Source Envelope: Document Pages: 5 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: 198.49.140.104 Record Tracking Status: Original 6/7/2024 10:49:50 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: 6/7/2024 10:52:31 AM Viewed: 6/7/2024 10:52:38 AM Signed: 6/7/2024 10:52:56 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: 198.49.140.104 Sent: 6/7/2024 10:52:57 AM Viewed: 6/7/2024 11:11:07 AM Signed: 6/7/2024 11:13:47 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: 130.41.212.55 Sent: 6/7/2024 11:13:49 AM Resent: 6/17/2024 7:42:14 AM Resent: 7/1/2024 2:55:56 PM Resent: 7/3/2024 3:12:21 PM Viewed: 7/3/2024 3:33:39 PM Signed: 7/3/2024 3:34:05 PM Electronic Record and Signature Disclosure: Accepted: 10/10/2022 11:04:55 AM ID: 474ef540-a647-49dc-8bab-ff617c1e885a 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: 198.49.140.10 Sent: 7/3/2024 3:34:07 PM Viewed: 7/3/2024 4:16:50 PM Signed: 7/3/2024 4:17:09 PM Electronic Record and Signature Disclosure: Accepted: 7/3/2024 4:16:50 PM ID: 4915ccf8-b826-4697-9949-8c66c1f1a37e Signer Events Signature Timestamp 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: 198.49.140.10 Sent: 7/3/2024 4:17:11 PM Viewed: 7/8/2024 9:52:09 AM Signed: 7/8/2024 9:52:32 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 Cori Power cori.power@cityofdenton.com Purchasing Supervisor City of Denton Security Level: Email, Account Authentication (None) Sent: 7/8/2024 9:52:34 AM 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 6/7/2024 10:52:31 AM Certified Delivered Security Checked 7/8/2024 9:52:09 AM Signing Complete Security Checked 7/8/2024 9:52:32 AM Completed Security Checked 7/8/2024 9:52:34 AM 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. Described below are the terms and conditions for providing to you such notices and disclosures electronically through your DocuSign, Inc. (DocuSign) Express user account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign Express user account to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: Thomas G. Coppin, Trevor Crain How to contact City of Denton: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: purchasing@cityofdenton.com To advise City of Denton of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address.. In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in DocuSign. To request paper copies from City of Denton To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an e-mail to purchasing@cityofdenton.com and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with City of Denton To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign account, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you must state your e-mail, full name, IS Postal Address, telephone number, and account number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software Operating Systems: Windows2000? or WindowsXP? Browsers (for SENDERS): Internet Explorer 6.0? or above Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0, NetScape 7.2 (or above) Email: Access to a valid email account Screen Resolution: 800 x 600 minimum Enabled Security Settings: •Allow per session cookies •Users accessing the internet behind a Proxy Server must enable HTTP 1.1 settings via proxy connection ** These minimum requirements are subject to change. If these requirements change, we will provide you with an email message at the email address we have on file for you at that time providing you with the revised hardware and software requirements, at which time you will have the right to withdraw your consent. Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I agree' button below. By checking the 'I Agree' box, I confirm that: • I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and • Until or unless I notify City of Denton as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by City of Denton during the course of my relationship with you.