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