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HomeMy WebLinkAbout25-828ORDINANCE NO. 25-828 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL CORPORATION, AUTHORIZING THE APPROVAL OF A SECOND AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND KIMLEY-HORN AND ASSOCIATES, INC., AMENDING THE CONTRACT APPROVED BY THE CITY COUNCIL ON FEBRUARY 23, 2021, IN THE NOT-TO-EXCEED AMOUNT OF $461,100.00; AMENDED BY AMENDMENT 1 APPROVED BY CITY COUNCIL; SAID SECOND AMENDMENT TO ACQUIRE ULTIMATE RIGHT OF WAY FOR THE RYAN ROAD WIDENING PROJECT FOR THE CAPITAL PROJECTS DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFQ 6590-097 – PROVIDING FOR AN ADDiTIONAL SECOND AMENDMENT EXPENDITURE AMOUNT NOT-TO-EXCEED $6 14,500.00, WITH THE TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $2,3 1 3,865.15). WHEREAS, on February 23, 202 1 , awarded a contract to Kimley-Horn and Associates, Inc. in the amount of $461,100.00, for professional engineering services for the Ryan Road Corridor Improvements Project for the Capital Projects-Engineering Department; and WHEREAS, on July 16, 2024, City Council awarded a First Amendment to Kimley-Horn and Associates, Inc. in the amount of $1,238,265.15, to provide design services for the Ryan Road Widening Project for the Capital Projects Department; and WHEREAS, this procurement was undertaken as part of the City’s governmental function; and WHEREAS, the additional fees under the proposed Second 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 Second Amendment. increasing the amount of the contract between the City and Kimley-Horn and Associates, Inc., which is on file in the office of the Purchasing Agent, in the amount of Six Hundred Fourteen Thousand Five Hundred and 0/ 100 ($614,500.00) 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 $2,3 13,865.15 . SECTION 2. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by Brandon Chase McGee and seconded by Vicki Byrd. This ordinance was passed and approved by the following vote [ 7 - 0 ] : 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 : Jill Jester. At Large Place 6: X X X X X X X PASSED AND APPROVED this the 6th day of May, 2025. e )fOR ATTEST: LAUREN THODEN, CITY SECRETARY L\\\\III III/f „:dcud'-UL AM-, APPROVED AS TO LEGAL FORM: MACK RErNWAND, CITY ATTORNEY BY:}aahoc££aLL&ww Docusign Envelope ID: D2830CFD-CD9E-43Dl-A75D-F893D20438D0 DENTON Docusign City Council Transmittal Coversheet 6590-0997FILE File Name Ryan Rd Deslgn Amendment 2 Purchasing Contact Erica Garcia City Council Target Date MAY 6 ’ 2025 Piggy Back Option Contract Expiration Ordinance Not Applicab1 e N/A 25-828 Docusign Envelope ID: D2830CFD-CD9E43Dl-A75D-F893D20438D0 SECOND 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 SECOND 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 “Original Agreement”); amended on July 16, 2024 in the additional amount of $1,238,265.15 aggregating a not-to-exceed amount of $1,699,365.15 (the “First Amendment”); (collectively, the Original Agreement, and the First Amendment, are 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 $614,500 with this Amendment for an aggregate not-to-exceed amount of $2,3 13,865.15; 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 the Ryan Road Corridor Improvements, 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 'W’, a total fee, including reimbursement for non-labor expenses an amount not to exceed $614,500. 2. This Amendment modifies the Agreement amount to provide an additional $614,500 for the additional services with a revised aggregate not to exceed total of 82,3 13,865.15. 6590-097 PSA – Amendment #2 Page 1 of 2 Docusign Envelope ID: D2830CFD-CD9E-43Dl-A75D-F893D20438DO 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, &{A%9Mugh their respective duly authorized representativesand officers on this date “Engineer” KIMLEY-HORN AND ASSOCIATES, INC. “CITY” CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY ATTEST: LAUREN THODEN, CITY SECRETARY #JVVUXb <\b©dch DocuSigned by: THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. Seth Garc1 a SIGNATURE PRINTED NAME Interim Director of Capita1 Projects TITLE Caplta1 prijects DEPARTMENT 6590-097 PSA – Amendment #2 Page 2 of 2 Docusign Envelope ID: D2830CFD-CD9E43Dl-A75D-F893D20438D0 EXHIBIT A AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT ADDITIONAL SERVICES Professional Services Agreement: RYAN ROAD CORRIDOR IMPROVEMENTS Amendment Scope of Services This is Amendment number 2 dated March 19, 2025 to the agreement between City of Denton ("CITY") and Kimley-Horn and Associates, Inc. (''ENGINEER") dated February 24, 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: • Property Acquisition Services Task 4 Property Acquisition Services Task 4.1 4.1.1 Right-of-Way and Temporary Construction Easement Documentation 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 fifty-one (5 1) temporary construction easement or right-of-way documents. Task 4.2 4.2.1 Property Acquisition Services 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 sixty (60) parcels for the proposed dedication 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 sixty (60) parcels for the proposed dedication lines as follows: Amendment No. 2 Ryan Road Corridor Improvements March 19, 2025 1 of 4 Docusign Envelope ID: D2830CFD-CD9E-43Dl-A75D-F893D20438D0 EXHIBIT A 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 negotratron. 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 Real Estate Agent. ENGINEER’s Real Estate Agent will then inform the Title Company that the parcel is ready for closing. 3. 4 ENGINEER’s Real Estate Agent will coordinate contacts with the CITY to deliver any payments to the Title Company prior to closing. 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 Amendment No. 2 Ryan Road Corridor Improvements March 19, 2025 2 of 4 Docusign Envelope ID: D2830CFD-CD9E-+3Dl-A75D-F893D20438D0 EXHIBIT A 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 projecl and if required, will be considered Additional Services. 5 6. 7. ENGINEER’s Real Estate Agent will coordinate and attend all closings at the Title Company. ENGINEER’s Real Estate Agent will confirm that the Title Company records all documents at the Denton County Courthouse after closing. ENGINEER’s Real Estate Agent will confirm that the Title Company forwards copies of all recorded documents to the CITY. Compensation The additional services described above will be accommodated by increasing the contract amount by $614,500.00. 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 2 – Data Collection 2.1 – Base Mapping 2.2 – Topographic Survey 2.4.1 – SUE (Level B) Task 5 – Roadway Design Task 6 – Utility Design Task 7 – Drainage Design Totals $22,217.97 $75,099.54 $ 160,200.00 $274,900.00 $207, 100.00 $278,000.00 $1,017,517.51 $22,217.97 $75,099.54 $ 160,200.00 $274,900.00 $207, 100.00 5278,000.00 $1,017,517.51 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 14, 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 Amendment No. 2 Ryan Road Corridor Improvements March 19. 2025 3 of 4 Docusign Envelope ID: D2830CFD-CD9E-43Dl-A75D-F893D20438DO EXHIBIT A 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. AmendmentAmendment No. 1 Contract No. 2 $72,707.49Task 1 – Project Management Task 2 – Data Collection 2.3 – Geotechnical Anajysjs 2.4.2 – SUE (Level A) Task 3 – Conceptual Design 0% Submittal Task 4 – Property Acquisition Services Task 8 – Illumination Design Task 9 – Construction Phase Services Task 10 – Record Drawings Task 11 Reimbursable Ex 1 les Totals $72,707.49 $56,237.50 $41 ,800.00 $ 146, 102.65 $56,237.50 841 ,800.00 S 146, 102.65 $ 198,000.00 860,500.00 $89,900.00 $ 14,400.00 $2,200.00 $681,847.64 $614,500.00 $812,500.00 860,500.00 $89,900.00 S14,400.00 §2,200.00 $1 ,296,347.64 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 telecornmunications, 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: ENGn{EER rg£jw&,and Associates, Inc bW&TeSMA H#q£9 Title. C1 ty Manager Title: Scott Arnold. Vice President 05/07/2025 Date:Date: 04/04/2025 Amendment No. 2 Ryan Road Corridor Improvements March 19. 2025 4 of 4 Ddocusign Certificate Of Completion Envelope Id: D2830CFD-CD9E43Dl-A75D-F893D20438DO Subject: Please DocuSign: City Council Contract 6590-097 Ryan Road Design Amendment 2 Source Envelope: Document Pages: 7 Certificate Pages: 6 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) Status: Completed Signatures: 7 Initials: 1 Envelope Originator: Erica Garcia 901B Texas Street Denton, TX 76209 erica.garcia@cityofdenton.com IP Address: 198.49.140.104 Record Tracking Status: Original 4/4/2025 9:26:38 AM Holder: Erica Garcia erica.garcia@cityofdenton.com Location: DocuSign Signer Events Erica Garcia erica.garcia@cityofdenton.com Senior Buyer City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign Signature Timestamp Sent: 4/4/2025 9:33:00 AM Viewed: 4/4/2025 9:34:12 AM Signed: 4/4/2025 9:34:35 AM Completed Using IP Address: 198.49.140.104 Lori Hewell lori.hewell@cityofdenton.com Purchasing Manager City of Denton Security Level: Email, Account Authentication (None) Sent: 4/4/2025 9:34:36 AM Viewed: 4/4/2025 11 :22:06 AM Signed: 4/4/2025 1 1:22:36 AM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 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) Sent: 4/4/2025 1 1 :22:38 AM Viewed : 4/4/2025 4:44:26 PM Signed: 4/4/2025 4:46:02 PM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure: Not Offered via Docusign Scott Arnold Scott.arnold@kimley-horn.com Vice President Kimley-Horn and Associates, Inc. Security Level: Email, Account Authentication (None) Sent: 4/4/2025 4:46:04 PM Viewed: 4/4/2025 5:02:45 PM Signed: 4/4/2025 5:03:15 PM Signature Adoption: Uploaded Signature Image Using IP Address: 108.147.171.29 Signed using mobile Electronic Record and Signature Disclosure: Accepted: 3/27/2020 10:55:11 AM ID: alf38400-e5cc4b57-8548zldd7e031355d Signer Events Seth Garcia seth.garcia@cityofdenton.com Interim Director of Capital Projects Security Level: Email, Account Authentication (None) Signature Timestamp Sent: 4/4/2025 5:03:17 PM Viewed: 4/4/2025 5:08:23 PM Signed: 4/4/2025 5:08:55 PM Signature Adoption: Pre-selected Style Using IP Address: 107.77.199.25 Signed using mobile Electronic Record and Signature Disclosure: Accepted: 4/4/2025 5:08:23 PM ID: 7811dc15-08c64bef-a2a4-blcaf2591e12 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: 4/4/2025 5:08:58 PM Viewed: 5/7/2025 9:34:31 AM Signed: 5/7/2025 9:35:21 AM Using IP Address: 198.49.140.10 Sara Hensley sara .hensley@cityofdenton,com City Manager City of Denton Security Level: Email, Account Authentication (None) Sent: 5/7/2025 9:35:23 AM Viewed: 5/7/2025 9:36:05 AM Signed: 5 m/2025 9:36:13 AM Signature Adoption: Pre-selected Style Using IP Address: 47.190.47.120 Signed using mobile Electronic Record and Signature Disclosure: Not Offered via Docusign Lauren Thoden lauren.thoden@cityofdenton.com CIty Secretary Security Level: Email, Account Authentication (None) ’Docu81gned bF I daxuuA, CIb&d&b .D09D09CAD33D487 Sent: 5/7/2025 9:36:15 AM Viewed: 5/7/2025 11 :10:02 AM Signed: 5/7/2025 1 1:10:59 AM 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 Timestamp Intermediary Delivery Events Status 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: 4/4/2025 9:34:37 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: 4/4/2025 5:08:57 PM Viewed: 4/7/2025 11:12:21 AM City Secretary Office citysecretary@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign Sent: 5/7/2025 1 1:11 :01 AM Viewed: 5/8/2025 8:31 :18 AM Sheldon Gatewood sheldon.gatewood@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 5/7/2025 10:59:04 AM ID: 3958c9e6-93ac-+788-8695-779d02b555df Sent: 5/7/2025 1 1:11 :02 AM Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps 4/4/2025 9:33:00 AM 5/7/2025 1 1:10:02 AM 5/7/2025 1 1:10:59 AM 5/7/2025 11:11 :02 AM Envelope Sent Certified Delivered Signing Complete Completed Hashed/Encrypted 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 Arnold, Seth Garcia, Sheldon Gatewood 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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