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21-1341FILE REFERENCE FORM X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILE(S) Date Initials Contract awarded by Ordinance 17-126 04/18/2017 CW First Amendment 05/28/2018 CW Second Amendment by Ordinance 21-1341 07/20/2021 CW 21-1341 ORDINANCE NO. 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 KIRKPATRICK ARCHITECTURE STUDIO, AMENDING THE CONTRACT APPROVED BY CITY COUNCIL ON APRIL 18, 2017, IN THE NOT -TO -EXCEED AMOUNT OF $652,200.00; AMENDED BY AMENDMENTS 1 AND 2 APPROVED BY PURCHASING; SAID SECOND AMENDMENT TO PROVIDE ADDITIONAL MATERIALS TESTING, MANAGEMENT, AND HVAC SYSTEM BALANCING FOR FIRE STATION 3; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 6318 — PROVIDING FOR AN ADDITIONAL SECOND AMENDMENT EXPENDITURE AMOUNT NOT -TO -EXCEED $13,664.40 WITH THE TOTAL CONTRACT AMOUNT NOT -TO - EXCEED $715,654.63). WHEREAS, on April 18, 2017, by Ordinance No. 17-126, the City awarded a contract to Kirkpatrick Architecture Studio in the amount of $652,200.00 for the design of Fire Station 3; and WHEREAS, on May 28, 2018, the City awarded an addition to the Purchase Order to Kirkpatrick Architecture Studio in the amount of $11,017.90 for additional materials testing and management; and WHEREAS, on July 14, 2020, the City awarded a First Amendment to Kirkpatrick Architecture Studio in the amount of $38,772.33 to address the need for testing, adjusting, and balancing services for the HVAC system and provide materials testing and observation services for Fire Station #3; 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 Kirkpatrick Architecture Studio, which is on file in the office of the Purchasing Agent, in the amount of Thirteen Thousand Six Hundred Sixty -Four and 40/100 ($13,664.40) Dollars, is hereby approved, and the expenditure of funds therefor is hereby authorized in accordance with said amendment which shall be attached hereto. The total contract amount increases to $715,654.63. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by __JeL55e, 3)C,4 ; 5 and seconded by '�c O\ Y\A t_ V r eC This ordinance was passed and approved by the following vote L!�J_ - C:::I: 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: Aye Nay Abstain Absent PASSED AND APPROVED this the day of'�u t 52021. GERARD FILTENATH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: CATHERINE CLIFTON, INTERIM CITY ATTORNEY Digitally signed by Marcella Lunn DN: doom, el-cityofdenton, dr–codad, ou=Department Users and ou=General Government, �3sAMTl16l ..=Legal, cn=Marcella Lunn, email=Marcella.Lunn@cityofdenton.com BY: Date: 2021.06.2816:35:52-05'00' DocuSign Envelope ID: 8787CO29-1A43-4746-BF00-152A3DEFCDAO Cof� DENTON Docusign City Council Transmittal Coversheet PSA 6318 File Name Design of FS 3, Amendment Purchasing Contact christa Christian City Council Target Date JULY 20, 2021 Piggy Back Option Not Applicable Contract Expiration "/A Ordinance 21-1341 E DocuSign Envelope ID: 8787CO29-1A43-4746-BF00-152A3DEFCDAO SECOND AMENDMENT TO CONTRACT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND KIRKPATRICK ARCHITECTURE STUDIO PSA 6318 THE STATE OF TEXAS COUNTY OF DENTON THIS SECOND AMENDMENT TO CONTRACT 6318 ("Amendment") by and between the City of Denton, Texas ("City") and Kirkpatrick Architecture Studio ("Consultant"); to that certain contract executed on April 18, 2017, in the original not -to - exceed amount of $652,200 (the "Original Agreement'); amended on July 14, 2020 in the additional amount of $38,772.33 aggregating a not -to -exceed amount of $690,972.33 (the "First Amendment'); amended on May 28, 2018 in the additional amount of $11,017.90 aggregating a not -to -exceed amount of $701,990.23(the "Amendment") (collectively, the Original Agreement, First Amendment , and the Amendment are the "Agreement') for services related to the design of Fire Station #3. 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 $13,664.40 with this Amendment for an aggregate not -to -exceed amount of $715,654.63; 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: The additional services described in Exhibit "A" of this Amendment, attached hereto and incorporated herein for all purposes, for professional services related to the Design of Fire Station #3 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 $13,664.40. 2. This Amendment modifies the Agreement amount to provide an additional $13,664.40 for the additional services with a revised aggregate not to exceed total of $715,654.63. 6318 PSA — Amendment #2 Page 1 of 2 DocuSign Envelope ID: 8787CO29-1A43-4746-BF00-152A3DEFCDAO 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 Consultant, have each executed this Amendment electronically, by and through their respective duly authorized representatives and officers on this date 07/20/2021 "Consultant" KIRKPATRICK ARCHITECTURE STUDIO DocuSigned by: By: JoAt,S r. 6V(Tdvi&) p st" AUTHORIZED SIGNATURE, TITLE APPROVED AS TO LEGAL FORM: "CITY" CITY OF DENTON, TEXAS A Texas Municipal Corporation DocuSigned by: By: " H SARA HENSLEY,--INTERIM CITY MANAGER ATTEST: ROSA RIOS, CITY SECRETARY By.rDocuSigned by: anu ((u (,�, By. DocuSigned by: R~ 14" CATHERINE CLIFTON, INTERIM CITY ATTORNEY THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. SitDocuSigned by: .��. SIGNATURE Scott Gray PRINTED NAME Director - Airport & Facilities TITLE Facilities Management DEPARTMENT 6318 PSA — Amendment #2 Page 2 of 2 DocuSign Envelope ID: 8787CO29-1A43-4746-BF00-152A3DEFCDAO EXHIBIT A K I A I S 27 May 2021 Mr. Jared Green Project Technician Department of Facilities Management Planning & Construction Division City of Denton 869 S Woodrow Lane Denton, Texas 76205 Re: Contract Amendment for additional Construction Materials Testing and Observation and Testing, Adjusting, Balancing Services Fire Station No. 3 Dear Mr. Green: Construction pace and extended sequencing of work has led to D&S's original proposal for services, dated 19 October 2018, with April 2020 amendment, to be insufficient to complete the job. They have submitted a proposal with what they believe is required to complete the project. Additionally, the Testing, Adjusting, Balancing (TAB) charged a change order due to several trips and additional work due to the readiness of the mechanical system. A credit for this amount has been issued by O'Haver in PCO No. 38. Project Understanding The services are for City of Denton Fire Station No. 3, which is currently under construction. Scope of Basic Services The Scope of Services are outlined in the attached proposal from D&S Engineering, marked Exhibit A. The change order for additional TAB services from ATC is Exhibit B. Compensation Compensation to KAS for Basic Services, Additional Services, and Reimbursable Expenses shall be as shown below. 100 West MulberryI 940/387 .8182tel Denton .Texas 940/383.0262fax 7 6 2 0 1 www.k-a-studio.com DocuSign Envelope ID: 8787CO29-lA43-4746-BF00-152A3DEFCDAO 0 Page 2 27 May 2021 D&S $60562.00 X , 7.5% $65,104.15 ................................ Management ....... .......... .... ... . .............. ....... . ........ Administration $140/1-ir., X! ............................. $90/lir X! 42 Hrs 12 Hrs ............. . ..... . $5,880.00 $1,080.00 . ...... ... ..................... ............ Sub -Total $72,064.15 Dollar amount appro Lc�d byCouncil online 6 of PO $-61,046.25 Amendment by purchasing- May 28, 2018 Original Proposal Total $11,017.90 D&Proposal (2020 .. .Srosl NO) .. .... ............. .... ...... - ----- — _____..._....._......_....__._._.-_$22,951.00 1 X! 7.5% $24,672.33 Management $140/Hr . Xi 8 Hrs $980.00 ............................ ...... . Administration ....... $90/Hr X! ...... . .......... 3 Hrs $270.00 ATC PropoLat$12,850.00 . . . . . . . . ................................ .......... Amendment approved by Purchasing July 14, 2020 Sub -Total $38,772.33 D&S 11 (2(12D . . . . . .... . .............. $10,032.00 X' 7.5%; $10,784.40 ATC Change Order (2021) $2,880.00 Sub -Total $13,664.40 All Amendments for project Total $63,454.63 Non -reimbursable Expenses - KAS includes the following in our scope 1. In - house printing 2. Phone calls 3. Travel within north Texas Reimbursable Expenses - Will be billed per the contract. Additional Services - Services required and authorized beyond the scope of Basic Services will be invoiced per contract. Should you have any questions or require additional information, please contact me at your convenience. Best Regards, David M. Robinson, AIA