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21-2394FILE 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 19-2973 01/04/2020 CW Frist Amendment by Ordinance 21-015 01/12/2021 CW Second Amendment by Ordinance 21-2394 11/16/2021 CW 21-2394 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 KIMLEY-HORN AND ASSOCIATES, INC., AMENDING THE CONTRACT APPROVED BY CITY COUNCIL ON JANUARY 14, 2020, IN THE NOT -TO -EXCEED AMOUNT OF $1,398,600.00; AMENDED BY AMENDMENT 1 APPROVED BY THE CITY COUNCIL; SAID SECOND AMENDMENT TO PROVIDE ADDITIONAL DESIGN ENGINEER SERVICES AND HYDRAULIC ANALYSIS IN SUPPORT OF THE NORTHWEST BOOSTER PUMP STATION AND WATER TRANSMISSION MAIN PROJECT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 6590-081— PROVIDING FOR AN ADDITIONAL SECOND AMENDMENT EXPENDITURE AMOUNT NOT -TO - EXCEED $248,500.00, WITH THE TOTAL CONTRACT AMOUNT NOT -TO -EXCEED $1,773,400.00). WHEREAS, on January 14, 2020, by Ordinance No. 19-2973, the City awarded a contract to Kimley-Horn and Associates, Inc. in the amount of $1,398,600.00, for hydraulic and alignment study and analysis, design engineering report, final design, bid phase support, and construction administration services for the Northwest Booster Pump Station and Water Transmission Main project; and WHEREAS, on January 12, 2021, by Ordinance No. 21-018, the City awarded a First Amendment to Kimley-Horn and Associates, Inc. in the amount of $126,300.00, for the additional design engineer services, permitting services, and construction administration services in support of the Northwest Booster Pump Station and Water Transmission Main project; 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 Two Hundred Forty -Eight Thousand Five Hundred and 001100 ($248,500.00) Dollars, is hereby approved, and the expenditure of fiends 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 $1,773,400.00. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by 0 �7\ SI) II and seconded by 2 , qc,�4 ti S This ordinance was passed and approved by the following vote 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: PASSED AND APPROVED this the �� i� day of NpQ 44)(\)p eX , 2021. ATTEST: ROSA BIOS, CITY SECRETARY BY: , _'oLa APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Digitally signed by Marcella Lunn DN: cn=Marcella Lunn, o, 115J,Ln�aU r p ou=City of Denton, BY; � l email=marcella.lunn@cltyofdent nn rnm_ —1 Ir Date: 2021.10.15 16:54:72-05'00' GERARD HUDS ETH, MAYOR DocuSign Envelope ID: C7325D24-6FD9-40A6-SCAO-38EC6345AC07 I CITY O!F DENTON Docusign City Council Transmittal Coversheet PSA 6590-081 File Name NORTHWEST BOOSTER PUMP STATION --2ND AMENDMENT Purchasing Contact crystal Westbrook City Council Target Date NOVEMBER 16, 2021 Piggy Back Option Not Applicable Contract Expiration N/A Ordinance 21-2394 DocuSign Envelope ID: C7325D24-6FOg-4OA6-BCAO-38EC6345AC07 SECOND AMENDMENT TO CONTRACT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND KIMLEY-HORN AND ASSOCIATES, INC. PSA 6590-081 THE STATE OF TEXAS COUNTY OF DENTON THIS SECOND AMENDMENT TO CONTRACT 6590-081 ("Amendment") by and between the City of Denton, Texas ("City") and Kimley-Horn and Associates, Inc. ("Engineer"); to that certain contract executed on January 15, 2020, in the original not -to - exceed amount of $1,398,600 (the "Original Agreement"); amended on January 12, 2021 in the additional amount of $126,300 aggregating a not -to -exceed amount of $1,524,900 (the "First Amendment") (collectively, the Original Agreement and the First Amendment are the "Agreement") for services related to the Northwest Booster Pump Station and Water Transmission Main. 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 $248,500 with this Amendment for an aggregate not -to -exceed amount of $1,773,400; 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: The additional services described in Exhibit "A" of this Amendment, attached hereto and incorporated herein for all purposes, for professional services related to the Northwest Booster Pump Station and Water Transmission Main, 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 "A", a total fee, including reimbursement for non -labor expenses an amount not to exceed $248,500. 2. This Amendment modifies the Agreement amount to provide an additional $248,500 for the additional services with a revised aggregate not to exceed total of $1,773,400. 6590-081 PSA —Amendment ##2 Page 1 of 2 DocuSign Envelope ID: 07325❑24-6FD9-4OA6-BCAo-38EC6345AC07 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 ndtth1ough their respective duly authorized representatives and officers on this date "CITY" CITY OF DENTON, TEXAS A Texas Municipal Corporation SARA HENSLEY, INTERIM CITY MANAGER —oocusigned by. ATTEST: ROSA RIOS, CITY SECRETARY 1�ABCSE175493 ocuSigned by: By: 8404 ... "Engineer" KIMLEY-HORN AND ASSOCIATES, INC. DocuSigned by: By: 4 A"'Aj vice President C85A80051EE4E9___ AUTHORIZED SIGNATURE, TITLE APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY DocuSigned by. By: Ciel WA I& — ARf1111A31t7ddG6d'�G __ THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. DocuSigned by: ao� Stephen D. Gay SIGNATURE PRINTED NAME Director, water utilities TITLE water utilities DEPARTMENT 6590-081 PSA —Amendment #2 Page 2 of 2 DocuSign Envelope ID: C7325D24-6FD9-4OA6-BCAo-38EC6345AC07 EXHIBIT A AMENDMENT NO.2 TO PROFESSIONAL SERVICES AGREEMENT ADDITIONAL SERVICES Professional Services Agreement: Northwest Booster Pump Station and Water Transmission Main Amendment Scope of Services Project Understanding ENGINEER previously performed and finalized in July of 2020, a pressure plane and hydraulic analysis study under the current Scope of Services, to evaluate future land use and anticipated water demand at build -out of the proposed pump station service area. In July of 2021 CITY requested ENGINEER to review the analysis based on updated development trends in the Northwestern part of the City which were not anticipated in the original analysis. This review indicated that the previously project water demand would need to increase, and thus require modifications to the design of the proposed Northwest Booster Pump Station and Water Transmission Main. Scope of Services The CITY has requested that the ENGINEER perform the following additional services as a result of the findings discussed above: • Evaluate the water system model including revised future demand projections • Select pumps and evaluate pipe sizing per revised future demand projections and revise design drawings and specifications • Evaluate pipe sizing for water transmission main from the pump station site to the existing northwest elevated storage tank and revise design drawings and specifications Task 1 Design Management ENGINEER will provide the following additional services in accordance with the Original Contract: A. Project Management 1. Incorporate design changes into pump station and pipeline design. 2. Sub -consultant Agreement Preparation a. Prepare and execute two sub -consultant agreements. DocuSign Envelope ID: C7325D24-6FD9-4OA6-BCAO-38EC6345AC07 Northwest Booster Pump Station Task 2 Pressure Plane Study and Hydraulic Analysis ENGINEER will provide the following additional services in accordance with the Original Contract: A. Current Model Evaluation 1. Evaluate revised future Iand uses in accordance with City Planning Department input to project revised firm pumping capacity of proposed pump station. B. Hydraulic Analysis 1. Select split -case pumps and curves in accordance with revised demand projections. 2, Update existing City water system model based on pump selections. 3, Develop revised suction header sizing and schematic layout. 4. Develop revised discharge header sizing and schematic layout. 5. Develop revised pump station piping schematic. C. Technical Memorandum Addendum 1. Provide technical memorandum addendum documenting results of revised model evaluation and hydraulic analysis. D. Deliverables 1. Technical Memorandum and will be provided in .PDF format to City via e-mail for review and comment. Task 4 Final Design ENGINEER will provide the following additional services in accordance with the Original Contract: A. Final Design 1. Preparation of engineering drawings. The following listing is an example of anticipated plan sheets which will be revised to accommodate the increased demand determined as part of Task 2: a. Civil Sheets i. Yard Piping ii. Pump Station Mechanical Plan iii. Pump Station Sections iv. Water Line Profiles b. Structural Sheets i. Pump Station Structural Plan, Sections, and Details to accommodate larger pumps, bridge crane, piping, and wall penetrations Amendment No. 2 Northwest Booster Pump Station and Water Transmission Main August 9, 2021 2of5 DocuSign Envelope ID: C7325D24-6FD9-40A6-BCAO-38EC6345AC07 c. Electrical Sheets i. Electrical Site Plan ii. One Line Diagram iii. Control Schematics iv. Schedules v. Instrumentation Block Diagram vi. Floor Plan vii. Lighting Floor and Cable Tray Plan viii. Basement Lighting Floor and Cable Tray Plan ix. SCADA System Diagram x. SCADA Panel xi. Electrical Details xii. Generator Electrical Plan 2. Preparation of technical specifications associated with revised pump, bridge crane, piping, motor control centers, VFDs, standby generator, and other technical specifications which will be required to be revised to accommodate design changes. Amendment No. 2 Northwest Booster Pump Station and Water Transmission Main August 9, 2021 3 of 5 DocuSign Envelope ID: C7325D24-6FD9-4OA6-BCAO-38EC6345AC07 Northwest Water Transmission Main Task 11 Preliminary Design ENGINEER will provide the following additional services in accordance with the Original Contract: A. Design Survey 1. Utility and Property Owner Coordination a. Coordinate with DIG TESS and City of Denton to locate and mark existing franchise and public utilities prior to performing the field survey. 2. Design Survey a. The limits of the survey shall be a 100 -foot wide alignment generally along the north side US Hwy 77 from UNT Discovery Park to State Hwy Loop 288, with two crossings. The topographic survey will be approximately 2,500 linear feet. Task 12 Final Design ENGINEER will provide the following additional services in accordance with the Original Contract: A. Easement Preparation 1. ENGINEER will prepare up to three (3) permanent water line easements and up to three (3) temporary construction easements. B. Final Design 1. Design steel pipe wall thickness and thrust restraint for 36 -inch and larger pipe. 2. Prepare final design water line plan and profile drawings, surface repair, erosion control, and details for approximately 2,000 linear feet of 30136 -inch water line revised alignment. 3. Perform overall Drawings and technical specification updates to accommodate increase in pipe size and buried steel pipe as a material option for water transmission main. 4. Revised cathodic protection design drawings and technical specifications to accommodate larger pipe size, and buried steel pipe as a material option and for approximately 2,000 linear feet of 30136 -inch water line revised alignment. C. Deliverables: 1. Final Design Submittal will be incorporated into the Final Design Deliverables indicated in the Original Contract. Amendment No. 2 Northwest Booster Pump Station and Water Transmission Main August 9, 2021 4 of 5 DocuSign Envelope ]D: C7325D24-6FD9-40A6-SCAO-38EC6345AC07 Compensation The additional services described above will be accommodated by reallocation of existing contract funds and by increasing the contract amount by $248,500. The following table summarizes the recommended budget revisions and revised contract amount: Task Original Contract Amendment I No.l Amendment I No.2 Revised Contract Task 1- Design Management $ 37,500 $ 4,200 $ 6,000 $ 47,700 Northwest Booster Pump Station Task 2 - Pressure Plane Study and Pump Station Hydraulic Analysis $ 71,400 $ - $ 30,800 S 102,200 Task 3 - Preliminary Engineering Report $ 180,700 $ - $ - $ 180,700 Task 4 - Final Design $ 481,500 $ 20,200 $ 130,800 $ 632,500 Task 5 - Construction Contract Documents $ 13,200 $ - $ - $ 13,200 Task 6 - Bid Phase Services $ 29,600 $ - $ - $ 29,600 Task 7 - Construction Phase Services $ 160,500 $ - $ - $ 160,500 Task 8 - Record Drawings Preparation $ 8,700 $ - S - $ 8,700 Task 9 -Permitting S 18,900 $ - $ - $ 18,900 Northwest Water Transmission Main Task 10 - Alignment. Study $ 38,100 $ - $ - $ 38,100 Task 11- Preliminary Design $ 209,300 S 57,700 $ 10,900 $ 277,900 Task 12 - Final Design $ 61,700 $ 24,100 $ 70,000 $ 155,800 Task 13 - Construction Contract Documents $ 9,900 $ - $ - S 9,900 Task 14 - Bid Phase Services $ 15,100 $ - $ - $ 15,100 Task 15 - Construction Phase Services $ 51,300 $ - $ - $ 51,300 Task 16 - Record Drawings Preparation $ 7,600 $ - $ - $ 7,600 Task 17 - Permitting $ 3,600 S 20,100 $ - $ 23,700 Totals: $ 1,398,600 1 $ 126,300 1 $ 248,500 $ 1,773,400 Duly executed by each party's designated representative to be effective on the date subscribed by the CITY. BY: CITY OF DENTON, TEXAS Title: BY: ENGINEER Kimley-Ham and Associates, Inc Title: John Atkins, P.E., Vice President Date: Date: Amendment No. 2 Northwest Booster Pump Station and Water Transmission Main August 9, 2021 5 of 5