21-1444ORDINANCE NO. 21-1444
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
KIRKPATRICK ARCHITECTURE STUDIO, AMENDING THE CONTRACT APPROVED BY
THE CITY MANAGER ON MAY 18, 2020, IN THE NOT-TO-EXCEED AMOUNT OF
$88,570.00 i SAID FIRST AMENDMENT TO PROVIDE ADDITIONAL ARCHITECTURAL
DESIGN FOR THE RENOVATION OF THE AMERICAN LEGION HALL SENIOR CENTER
(ALFI) LOCATED AT 629 LAKEY STREET; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFQ 7366 – PROVIDING
FOR AN ADDITIONAL FIRST AMENDMENT EXPENDITURE AMOUNT NOT-TO-EXCEED
$79,208.00, WITH THE TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $167,778.00).
WHEREAS, on May 18, 2020, the City Manager awarded a contract Kirkpatrick
Architecture Studio in the amount of $88,570.00, for the renovation of the City of Denton American
Legion Senior Center located at 629 Lakey Street; 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 Kirkpatrick Architecture Studio, which is on file in the office of the Purchasing Agent, in the
amount of Seventy-Nine Thousand Two Hundred Eight and 0/100 ($79,208.00) 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 $167,778.00.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by HeSSe \kg T b and
seconded by W.O I PUt hR,( . This ordinance was passed and approved by the
following vote U - a
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck. District 2:
Jesse Davis. District 3 :
Alison Maguire, District 4:
Deb Armintor, At Large Place 5 :
Paul Meltzer, At Large Place 6:
II
.Z-L7J
PASSED AND APPROVED this the IDVD day of , 2021
2
mamma–mI–oR
ATTEST:
ROSA RIOS, CITY SECRETARY n\III 111 tIe
F DFa
APPROVED AS TO LEGAL FORM:
CATHERINE CLIFTON, INTERIM CITY ATTORNEY
\X?W cItb\BY
::;iLaJlcs:i:edc=:=;::lji£=,ndncxHad
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Date: 202 1 .07.09 094233 4S'00'
I
DocuSign Envelope ID: ECID4EF0-AOD3474D-8649-C74118FB3CFF
CITY
OF
DENTON
Docusign City Council Transmittal Coversheet
7366PSA
File Name
Purchasing Contact chrlsta Chrlstlan
City Council Target Date JULY 20’ 2021
Piggy Back Option
Contract Expiration
Ordinance
ALSC Amendment 1
Not Applicab1 e
N/A
21-1444
DocuSign Envelope ID= ECID4EF0-AOD3474D-8649-C741 18FB3CFF
FIRST AMENDMENT TO CONTRACT
BY AND BETWEEN THE CITY OF DENTON. TEXAS
AND KIRKPATRICK ARCHITECTURE STUDIO
PSA 7366
THE STATE OF TEXAS §
§COUNTY OF DENTON
THIS FIRST AMENDMENT TO CONTRACT 7366 (“Amendment”) by and
between the City of Denton, Texas (“City”) and KIRKPATRICK ARCHITECTURE
STUDIO (“Consultant”); to that certain contract executed on May 18, 2020, in the original
not-to-exceed amount of $88,570 (the “Agreement”); for services related to American
Legion Senior Center Interior Renovation Project.
WHEREAS, the City deems it necessary to further expand the services provided by
Consultant to the City pursuant to the terms of the Agreement, and to provide an additional
not-to-exceed amount $79,208 with this Amendment for an aggregate not-to-exceed
amount of $167,778; and
FURTHERMORE, the City deems it necessary to further expand the goods/services
provided by Consultant to the City;
NOW THEREFORE, the City and Consultant (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 American Legion Senior Center Interior Renovation Project, are hereby
authorized to be performed by Consultant. For and in consideration of the
additional services to be performed by Consultant, 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 $79,208.
2. This Amendment modifies the Agreement amount to provide an additional $79,208
for the additional services with a revised aggregate not to exceed total of $167,778.
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.
7366 PSA – Amendment # 1 Page 1 of 2
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IN WITNESS WHEREOF, the City and the Consultant, have each executed this
Amendment electronically, by and through their respective duly authorized representatives
and officers on this date 07/20/2021
“CITY”“CONSULTANT”
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
KIRKPATRICK
STUDIO
ARCHITECTURE
SMA Hu.4th
DocuSlgned by:
'DocuSigned by:
BYI JaMa K krqdh aJ PrLsiJIAd
AUTHORIZED SIGNATURE, TITLE
SARA HENSLEY, INTERIM CITY MANAGER
ATTEST:
ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM:
CATHERINE CLIFTON, INTERIM CITY Al-rORNEY
Ro&4R&m
ALArtLLLa(AAPWC
’DocuSigned by:
48070831 B4AA438
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
Scott Gray
PRINTED NAME
Di rector - Airport & Facilities
TITLE
Facilit1 es Management
DEPARTMENT
7366 PSA – Amendment # 1 Page 2 of 2
DocuSign Envelope ID: EC ID4EFO-AOD3474D4649-C74118FB3CFF
Exhibit A K
KIRKPATRICK
A R( H I T E ( T U r( E
0STUD
01 July 2021
Mr. Scott Gray
Facilities Manager
Department of Facilities Management
City of Denton
869 S Woodrow Lane
Denton, Texas 76205
Re:Contract Amendment for American Legion Senior Center Renovation and Addition
Dear Mr. Gray:
As we have discussed previously, we are asking for consideration to compensate Kirkpatrick
Architecture Studio for time spent in performing construction administration for the referenced project
in excess of the contracted amount. Our proposal dated 11 May 2020 showed an architectural fee of
838,400 for construction administration. This fee was negotiated down from a previous proposal. This
fee equated to 340 hours at a discounted hourly rate. The fee allocated 65% of the time to the project
manager and 35% of the time to technical staff. Currently, Kirkpatrick Architecture Studio has spent
935 hours on the project with approximately two months remaining. These hours include nine hours of
my time, the rest has not been billed.
Because we bill by the percentage of construction complete, we have billed %62.0 of our fee, or
$23,808 with $14,592 remaining. The table below shows the current overages and projects the hours
needed to complete the project. Knowing that the City has other additional costs associated with this
project and valuing our long relationship with the City, we are happy to use a reduced hourly rate in this
request
Current
Hours
481
454
Contract
Hours
221
119
Overage Reduced
Rate
$ 130/hr
$ 100/hr
Xiiiit Manager
feet;ical Staff
3'a7–– i xiif!q $33,800
W3
a6Sub-Total
Projected to
Complete
Tba
T20
Reduced
Rate
$ 130/hr
$ 100/hr
FBi;Ei&iariag–eT
Tecinical Staff
$ 13,000
12,000
$25,000
-$ 14,592
Ul
Sub-Total
Remaining in Contract
Sub-Total
Total for KAS SII ,IOg
WlMIAdditional for Structural Engjneer
Total Amendment
100 West MulberTy
Denton , Texas76201
940/387 .8182te
940/383.0262fax
www. k-a-studio.com
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• Page2 01 July 2021
Should you have any questions or require additional information, please contact me at your
corlvenlerlce.
Best Regards,
David M. Robinson, AIA
av##
SKA