22-2471ORDINANCE NO. 22-2471
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE APPROVAL OF A FOURTH AMENDMENT TO APROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND
KIMLEY-HORN AND ASSOCIATES, INC., AMENDING THE CONTRACT APPROVED BYTHE CITY COUNCIL ON JANUARY 14, 2020, IN THE NOT-TO-EXCEED AMOUNT OF$1,398,600.00; AMENDED BY AMENDMENTS 1 - 3 APPROVED BY PURCHASING ANDCITY COUNCIL; SAID FOURTH AMENDMENT TO PROVIDE ADDITIONAL DESIGNENGINEER SERVICES AND CONSTRUCTION ADMINISTRATION SERVICES IN SUPPORTOF THE NORTHWEST BOOSTER PUMP STATION AND WATER TRANSMISSION MAINPROJECT: PROVID[NG FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE (RFQ 6590-081 – PROVIDING FOR AN ADDITIONALFOURTH AMENDMENT EXPENDITURE AMOUNT NOT-TO-EXCEED $100,000.00, WITH
THE TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $1,905,900.00).
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; 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 additional
design engineer services and construction administration services in support of the Northwest
Booster Pump Station and Water Transmission Main project; and
WHEREAS, on November 16, 202 1 , by Ordinance No. 21-2394, the City awarded a Second
Amendment to Kimley-Horn and Associates, Inc., in the amount of $248,500.00, for additional
design engineer services and construction administration services in support of the Northwest
Booster Pump Station and Water Transmission Main project; and
WHEREAS, on April 14, 2022, Purchasing awarded a Third Amendment to Kimley-Horn
and Associates, Inc., in the amount of $32,500.00, to provide additional design engineer services and
construction administration services in support of the Northwest Booster Pump Station and Water
Transmission Main project; and
WHEREAS, this procurement was undertaken as part of the City’s governmental
function; and
WHEREAS, the additional fees under the proposed Fourth 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 Fourth 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 One Hundred Thousand ($100,000.00) Dollars, is hereby approved and the
expenditure of funds therefor is hereby authorized in accordance with said amendment which shallbe attached hereto. The total contract amount increases to $1,905,900.00.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
s e c o n d = rr1 nt;L=p all;hl s ;Id;ila::e vm s 1:[nI?: :i: :ryd h a ::ie t: sshp proved byU
following vote [k - ILl :
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:Vr
1/-
t/
1/
Vicki Byrd, District 1 :
Brian Beck, District 2:
Jesse Davis. District 3 :
VACANT. District 4:
Brandon Chase McGee, At Large Place 5 :1//rChris Watts, At Large Place 6:
PASSED AND APPROVED thi,th, n d,y ,f b,len\bar , 2022.
LN
1\\11111111f
ATTEST:
ROSA RIOS, CITY SECRETARY
in v72
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Digitally signed by Marcella Lunn
DN: cn=Marcella Lunn, o, ou=City
BY, .\NUclll n.com. c=USDate: 2022.1 1 .28 09:57:30 -06'00'
IIL IIVb of Denton,
. email=marcella.lunn@cityofdento)
DocuSign Envelope ID: DC53CBFB-B48B44EB-B454-BE37E640A6AB
DENTON
Docusign City Council Transmittal Coversheet
6590-081PSA
File Name NORTHWEST BOOSTER PUMP STATION––4TH AMENDMENT
P,r,h„i,g C,,t„t c 'Y;=;1 "';=b'"k
City Council Target Date DECEMBER 13’ 2022
App1 i cab1 ePiggy Back Option NOt
Contract Expiration
Ordinance
N/A
22-2471
DocuSign Envelope ID: DC53CBFB-B48B-+4EB-B454-BE37E640A6AB
2. This Amendment modifies the Agreement amount to provide an additional
$ 100,000 for the additional services with a revised aggregate not to exceed total of
$ 1 ,905,900.
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 representativesand officers on this date 12/13/2022
“CITY”“Engineer”
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
KIMLEY-HORN AND ASSOCIATES,INC.
By:By:vIce President
AUTHORIZED SIGNATURE, TITLEATTEST:
ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM:
By:By:
THIS AGREEMENT HAS BEENBOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
Stephen D. Gay
SIGNATURE PRINTED NAME
D1 rector
TITLE
Water Ut111tl es
DEPARTMENT
6590-081 PSA – Amendment +PI Page 2 of 2
DocuSign Envelope ID: DC53CBFB-B48B44EB-B454-BE37E640A6AB
EXHIBIT “A”
b. Access control revisions.
c. Network switch cabinet and conduit/conductor revisions.
d.VFD control panel and HOA revisions.
13. Meetings
a. Prepare for and attend up to six (6) meetings with City and Contractorand associated coordination.
Northwest Water Transmission Main
Task 12 Final Design
ENGINEER will provide the following additional services in accordance with the OriginalContract :
D.Meetings
1. Prepare exhibits for, and conduct/attend up to ten (10) additional meetings with
the following stakeholders along the project alignment and associated follow-
up/coordination:
a. University of North Texas (UNT)
b.Denton-ICC developer and engineer
c. Christopher Todd Communities developer and engineer
d.City real estate staff
E. Easement Acquisition Assistance
1. Attend up to twenty-four (24) bi-monthly coordination calls and follow up on
action items as required.
2. Assist with Interlocal Agreement (ILA) preparation for easement negotiationswith UNT.
Task 18 Additional Services
ENGINEER will provide additional services in accordance with the Original Contract on an as-
needed basis only, and not without prior authorization in writing from the CITY.
Amendment No. 4
Northwest Booster Pump Station and Water Transmission Main November 8, 2022
2 of 3
[kx:uSign
Certificate Of Completion
Envelope Id: DC53CBFBB48B44EBB454BE37E640A6AB
Subject: Please DocuSign: City Council Contract 6590-081--Amendment 4
Status: Completed
Source Envelope:
Document Pages: 6
Certificate Pages: 6
AutoNav: Enabled
Signatures: 5
Initials: 1
Envelope Originator:
Crystal Westbrook
901 B Texas Street
Denton, TX 76209Envelopeld Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)crystal.westbrook@cityofdenton.com
IP Address: 198.49.140.10
Record Tracking
Status: Original
11/1 8/2022 9:07:38 AM
Holder: Crystal Westbrook
crystal.westbrook@cityofdenton.com
Location: DocuSign
Signer Events
Crystal Westbrook
crystal.westbrook@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: 11/1 8/2022 9:10:46 AM
Viewed : 11/18/2022 9:10:54 AM
Signed: 11/18/2022 9:15:03 AM
Completed
Using IP Address: 198.49.140.10
Lori Hewell
lori.hewell@cityofdenton.com
Sent: 11/18/2022 9: 15:08 AM
Viewed: 11/1 8/2022 9:40:39 AM
Signed: 11/18/2022 9:40:55 AMPurchasing Manager
City of Denton
Security Level: Email, Account Authentication(None)
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
Deputy City Attorney
City of Denton
Security Level: Email, Account Authentication(None)
Sent: 11/18/2022 9:40:58 AM
Viewed: 11/18/2022 4:19:18 PM
Signed: 11/1 8/2022 4:22:57 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: 11/1 8/2022 4:23:00 PM
Viewed: 11/19/2022 1 :08:00 PM
Signed: 11/21/2022 10:13:51 AM
Signature Adoption: Uploaded Signature Image
Using IP Address: 134.238.171.64
Electronic Record and Signature Disclosure:Accepted: 3/27/2020 10:55:11 AMID: alf38400-e5cc-4b57-8548Jldd7e031355d
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: 11/21/2022 10:18:47 AM
Viewed : 11/22/2022 9:56:13 AM
City Secretary Office
citysecretary@cityofdenton.com
Security Level: Email, Account Authentication(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sent: 12/14/2022 10:52:27 AM
Viewed: 12/14/2022 2:06:13 PM
Annie Bunger
annie.bunger@cityofdenton.com
Security Level: Email, Account Authentication(None)
Electronic Record and Signature Disclosure:Accepted: 8/22/2022 6:39:14 AMID: 5bb47e57-4b8dJj8df-9f93-+ec29141b09a
Sent: 12/14/2022 10:52:30 AM
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Completed
Status Timestamps
11/18/2022 9:10:46 AM
12/14/2022 10:51 :47 AM
12/14/2022 10:52:24 AM
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