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Home My WebLink About24-853ORDINANCE NO. 24-853 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL CORPORATION, AUTHORIZING THE APPROVAL OF A FIRST AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND PARKHILL, SMITH & COOPER, INC., AMENDING THE CONTRACT APPROVED BY THE CITY COUNCIL ON JANUARY 11, 2022, rN THE NOT-TO-EXCEED AMOUNT OF $ 1,011,665.00; SAID FIRST AMENDMENT TO PROVIDE ADDITIONAL CONSTRUCTION ADMINISTRATION SERVICES FOR THE UPDATED CONSTRUCTION SCHEDULE OF THE DEVELOPMENT PLANS FOR FIRE STATION NO. 9 FOR THE CAPITAL PROJECTS DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFQ 7818-o02 – PROVIDING FOR AN ADDITIONAL FIRST AMENDMENT EXPENDITURE AMOUNT NOT-TO-EXCEED $99,93 1 .33, WITH THE TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $1,111,596.33). WHEREAS, on January 11, 2022, City Council awarded a contract to Parkhill, Smith & Cooper, Inc. in the amount of $1,011,665.00, for professional design services for Fire Station No. 9 for the Facilities Management Department; and WHEREAS, this procurement was undertaken as part of the City’s governmental function; and WHEREAS, the additional fees under the proposed First Amendment are fair and reasonable and are consistent with, and not higher than, the recommended practices and fees applicable to the Provider’s profession, and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The First Amendment, increasing the amount of the contract between the City and Parkhill, Smith & Cooper, Inc., which is on file in the office of the Purchasing Agent, in the amount of Ninety-Nine Thousand Nine Hundred Thirty-One and 33/100 ($99,93 1.33) Dollars, is hereby approved, and the expenditure of funds therefor is hereby authorized in accordance with said amendment which shall be effective upon the execution of the amendment attached hereto. The total contract amount increases to $1,111,596.33 . SECTION 2. This ordinance shall become effective immediately upon its passage and approval. to approve seconded by following vote K - m : The motion made by ISfIG._ SeQ(L ' This ordinance was passed and approved by the Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck. District 2: Paul Meltzer. District 3: Joe Holland. District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: / L/ L/ b/ P/ I PASSED AND APPROVED this the --7jK day of Nb..y . 2024 .=M4G ATTEST: LAUREN THODEN, CITY SECRETARY #QLPLLr.ylh& ' - APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Digitally signed by Marcella Lunn DN: dc=com, dc=cityofdenton, dc=codad, ou=Department Users By : and Groups, ou=General X \h\ \\IhT\ ::jTITSEtH email=MaKella.Lunn@cityofdento D ate: 2024.04.16 12:55:56 45'OO' iLKIJ DocuSign Envelope ID: 4158820D-FF8A4F00-8FEB-3B656B8E7B9E DENTON Docusign City Council Transmittal Coversheet 7818-002 Fire Station #9 Design Amendment #1File Name Purchasing Contact c orl p ower City Council Target Date MAY 7 ’ 2024 Piggy Back Option Contract Expiration Ordinance 1 SV L IIF/ F/ 1 1 \M Kb/ 1 \n N/A 24-853 DocuSign Envelope ID: 4158820D-FF8A4F004FEB-3B656B8E7B9E FIRST AMENDMENT TO CONTRACT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND PARKHILL, SMITH & COOPER, INC. PSA 7818-002 THE STATE OF TEXAS § §COUNTY OF DENTON THIS FIRST AMENDMENT TO CONTRACT 7818-002 (“Amendment”) by and between the City of Denton, Texas (“City”) and Parkhill, Smith & Cooper, Inc., (“Architect”); to that certain contract executed on January 1 1, 2022, in the original not-to- exceed amount of $ 1,011,665.00 (the “Agreement”); for services related to the professional design services for the Fire Station No.9. WHEREAS, the City deems it necessary to further expand the services provided by Architect to the City pursuant to the terms of the Agreement, and to provide an additional not-to-exceed amount of $99,93 1.33 with this Amendment for an aggregate not-to-exceed amount of $1,111,596.33; and FURTHERMORE, the City deems it necessary to further expand the goods/services provided by Architect to the City; NOW THEREFORE, the City and Architect (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 for the updated construction schedule of the development plans for Fire Station No. 9, are hereby authorized to be performed by Architect. For and in consideration of the additional services to be performed by Architect, 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 $99,931.33 . 2. This Amendment modifies the Agreement amount to provide an additional $99,931.33 for the additional services with a revised aggregate not to exceed total of $ 1,111,596.33. 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. 7818-002 PSA – Amendment #1 Page 1 of 2 DocuSign Envelope ID: 4158820D-FF8A4F00-8FEB-3B656B8E7B9E IN WITNESS WHEREOF, the City and the Architect, have each executed this Amendment electronically, by and through their respective duly authorized representatives and officers on this date 05/07/2024 “City” “Architect” CITY OF DENTON, TEXAS A Texas Municipal Corporation PARKHILL, SMITH & COOPER, INC. SMA HtML# ;?8mqst€Y, CITY MANAGER DocuSlgned by:ByTDwusbned by: Pri nci pa1xxfim@MmFbfiB ATTEST: LAUREN THODEN , CITY SECRETARY THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. DocuSigned by: By:dJUvuJ~. :::\Web D09D09CAD33D487 Trevor crain PRD{TED NAME APPROVED AS TO LEGAL FORM: MACK REDqWAND, CITY ATTORNEY Director of Capita1 Projects TITLE Capita1 Projects DEPARTMENT 7818-002 PSA – Amendment #1 Page 2 of 2 DocuSign Envelope ID: 4158820D-FF8A4F004FEB-3B656B8E7B9E Parkhill Exhibit A February 28, 2024 City of Denton Ann: HPM I Zachary Stevenson Re:AMENDMENT to the Agreement for Professional Services Agreement Dated December 3, 2021 for City of Denton I Denton Fire Station #9 Project Address: 4990 Airport Rd, Denton, TX 76207 Dear Mr. Stevenson: City of Denton and Parkhill amend the referenced Agreement as follows: SCOPE OF WORK: Parkhill's Scope of Work shall be adjusted to accommodate the updated construction schedule by Core Construction dated January 4, 2024. The updated Scope of Work includes the extension of Construction Administration services for the updated construction schedule. Parkhill's original Scope of Work for Construction Administration services was based on a construction schedule of nine (9) months. With the revised schedule, an additional eight (8) months of Construction Administration services will be needed. Initial NTP for the Project was issued in November 2022 in which construction coordination began between Parkhill and Core Construction. Parkhill's original Construction Administration fee was utilized from December 2022 through October 2023. The Additional Fee requested within this amendment will cover the remainder of the updated construction schedule, from November 2023 through June 2024 (8 months). COMPENSATION: Parkhill's compensation shall be adjusted to align to the new construction duration. The additional effort beginning November 2023 through June 2024 will be billed at an hourly rate, not to exceed Ninety-Nine Thousand Nine Hundred Thirty-One Dollars and Thirty-Three Cents ($99,931.33). SCHEDULE: Construction Administration Phase services identified in this amendment are based on an extension of services from November 2023 through June 2024, per Core Construction’s updated construction schedule dated January 4, 2024. Except as expressly modified herein, no other provisions of the Agreement between Parkhill and Client are affected or modified by this Amendment, and all such provisions in the Agreement shall apply to this Amendment. The Agreement, as amended by this Amendment, shall remain in full force and effect per its terms, as amended . This Amendment, together with the Agreement and any other amendments duly executed by the parties, constitutes the entire agreement and understanding between Parkhill and Client, concerning the subject matter thereof. This Amendment may be executed and delivered (including by facsimile or Portable Document Format (.pdD transmission) in several counterparts, each of which shall be fully effective as an original and all of which together shall constitute one and the same instrument. Facsimile and other electronic copies of manually or electronically signed originals shall have the same effect as manually-signed originals and shall be binding on the undersigned parties. DocuSign Envelope ID: 4158820D-FF8A4F004FEB-3B656B8E7B9E City of Denton I Denton Fire Station #9 Page 2 February 28, 2024 ACCEPTANCE OF AMENDMENT BETWEEN CLIENT AND PARKHILL Acceptance of this Amendment is indicated by an authorized agent of the Client and Parkhill signing in the space provided below. Unless another date is specified, we will consider receipt of an executed Amendment as authorization to proceed. IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment to the Agreement in duplicate effective on the last date signed. PARKHILL CITY OF DENTON By RaTM® Project Manager Signature 5236DB296270423 Name. Sara Hens1 ey Title: C1 ty Manager 1)ate. 05/07/2024 “The Texas Board of Architectural Examiners, P.O. Box 12337, Austin, Texas 78711-2337, (512) 305-9000, www.tbae.state.tx.us has jurisdiction over complaints regarding the professional practices of persons registered as architects, interior designers, landscape architects in Texas..” \\data2-vm\STDS CODES\PSC Standard Forms\02_Agreement-Contracts\03_Architect_Agreements\04_Letter_Agreement_Amendment.docx [k>cuSign Certificate Of Completion Envelope Id: 4158820DFF8A4F008FEB3B656B8E7B9E Subject: Please DocuSign: City Council Contract 7818402 Fire Station #9 Design Amendment #1 Status: Completed Source Envelope: Document Pages: 5 Certificate Pages: 6 Signatures: 6 Envelope Originator: con Power 901B Texas Street Denton, TX 76209 cori.power@cityofdenton.com IP Address: 198.49.140.10 Initials: 1 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) Record Tracking Status: Original 4/8/2024 8:32:49 AM Holder: Cori Power cori.power@cityofdenton.com Location: DocuSign Signer Events Signature Timestamp Sent: 4/8/2024 8:38:19 AM Viewed: 4/8/2024 8:38:34 AM Signed: 4/8/2024 8:38:44 AM Cori Power cori.power@cityofdenton.com Purchasing Supervisor Completed City of Denton Security Level: Email, Account Authentication (None) Electronic Record and SIgnature Disclosure: Not Offered via DocuSign Using IP Address: 198.49.140.10 Lori Hewell lori.hewell@cityofdenton.com Purchasing Manager City of Denton Security Level: Email, Account Authentication (None) Sent: 4/8/2024 8:38:45 AM Viewed: 4/8/2024 9:18:41 AM Signed: 4/8/2024 9:19:07 AM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 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) 'DocuSlgn•d by: IMartLLhlBAA, '4B070831B4AA438. Sent: 4/8/2024 9:19:08 AM Viewed: 4/8/2024 9:21 :13 AM Signed: 4/8/2024 9:24:59 AM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure: Not Offered via DocuSign Scott Nelson snelson@parkhill.com Principal Parkhill Sent: 4/8/2024 9:25:00 AM Viewed: 4/9/2024 1:56:44 PM Signed: 4/9/2024 1 :59:56 PM Security Level: Email, Account Authentication (None) Signature Adoption: Uploaded Signature Image Using IP Address: 138.199.118.214 Electronic Record and Signature Disclosure: Accepted: 12/19/2021 5:00:41 PM ID: 6497eac7-8e93zL6aa-93ed-ab8ccd36a77f Signer Events Trevor Crain Trevor.Crain@cityofdenton.com Director of Capital Projects City of Denton Security Level: Email, Account Authentication (None) Signature Timestamp Sent: 4/9/2024 1 :59:58 PM Viewed: 4/9/2024 2:03:17 PM Signed: 4/9/2024 2:04:02 PM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure: Accepted: 4/9/2024 2:03:17 PM ID: f28e5f94-b515.45f6-97cc-20e2a52dc737 Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Completed Sent: 4/9/2024 2:04:05 PM Viewed: 5/8/2024 10:37:46 AM Signed: 5/8/2024 10:38:14 AMUsing IP Address: 198.49.140.10 Sara Hensley sara.hensley@cityofdenton.com City Manager City of Denton Security Level: Email, Account Authentication (None) &K H%.4% Sent: 5/8/2024 10:38:16 AM Viewed: 5/8/2024 10:53:02 AM Signed: 5/8/2024 10:53:08 AM, 5236DB296270423. Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure; Not Offered via DocuSign Lauren Thoden lauren.thoden@cityofdenton.com City Secretary Security Level: Email, Account Authentication (None) ’DocuSioned by:IMdb&d&b ,D09D09CAD33D487. Sent: 5/8/2024 10:53:11 AM Viewed: 5/8/2024 12:54:04 PM Signed: 5/8/2024 12:54:30 PM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Status Timestamp Editor Delivery Events Timestamp Agent Delivery Events Status Status Timestamp Intermediary Delivery Events Timestamp Certified Delivery Events Status Status Timestamp Carbon Copy Events Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Timestamp Sent: 4/8/2024 8:38:46 AM Carbon Copy Events Gretna Jones gretna.jones@cityofdenton.com Legal Secretary City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Status Timestamp Sent: 4/9/2024 2:04:04 PM Viewed : 4/9/2024 3:03:28 PM City Secretary Office citysecretary@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Sent: 5/8/2024 12:54:33 PM Viewed: 5/9/2024 2:17:30 PM Giovanni.Pineiro-Villalba Giovanni.Pineiro-Villalba@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 5/8/2024 1 :09:05 PM ID: e799b3b9483340ad-9bd9<c746a8c6d34 Sent: 5/8/2024 12:54:34 PM Viewed: 5/8/2024 1:10:34 PM Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Envelope Sent Envelope Updated Envelope Updated Certified Delivered Signing Complete Completed Status Timestamps 4/8/2024 8:38:19 AM 4/9/2024 10:28:42 AM 4/9/2024 10:28:42 AM 5/8/2024 12:54:04 PM 5/8/2024 12:54:30 PM 5/8/2024 12:54:34 PM Hashed/Encrypted Security Checked Security Checked Security Checked Security Checked Security Checked Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: Scott Nelson, Trevor Crain, Giovanni.Pineiro-Villalba 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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