6590-095 - Amendment 1 Executed
Docusign Transmittal Coversheet
File Name
Purchasing Contact
Contract Expiration
#!"!"
36$±$PHQGPHQW3DJHRI
),567$0(1'0(1772&2175$&7
%<$1'%(7:((17+(&,7<2)'(17217(;$6
$1'.,0/(<+251$1'$662&,$7(6,1&
36$
7+(67$7(2)7(;$6
&2817<2)'(1721
7+,6),567$0(1'0(1772&2175$&7³$PHQGPHQW´E\DQG
EHWZHHQ WKH &LW\ RI 'HQWRQ 7H[DV ³&LW\´ DQG .LPOH\+RUQ DQG$VVRFLDWHV ,QF
³(QJLQHHU´WRWKDWFHUWDLQFRQWUDFWH[HFXWHGRQ'HFHPEHULQWKHRULJLQDOQRW
WRH[FHHGDPRXQWRIWKH³$JUHHPHQW´IRUVHUYLFHVUHODWHGWRWKH,+IURP
,(:6SOLWWR0LODP5RDG
:+(5($6 WKH &LW\ GHHPV LW QHFHVVDU\ WR IXUWKHU H[SDQG WKH VHUYLFHV SURYLGHG E\
&RQVXOWDQWWRWKH&LW\SXUVXDQWWRWKHWHUPVRIWKH$JUHHPHQWDQGWRSURYLGHDQDGGLWLRQDO
QRWWRH[FHHG DPRXQW ZLWK WKLV $PHQGPHQW IRU DQ DJJUHJDWH QRWWRH[FHHG
DPRXQWRIDQG
)857+(5025( WKH &LW\ GHHPV LW QHFHVVDU\ WR IXUWKHU H[SDQG WKHJRRGVVHUYLFHV
SURYLGHGE\(QJLQHHUWRWKH&LW\
12: 7+(5()25( WKH &LW\ DQG (QJLQHHU KHUHDIWHU FROOHFWLYHO\ UHIHUUHG WR DV WKH
³3DUWLHV´LQFRQVLGHUDWLRQRIWKHLUPXWXDOSURPLVHVDQGFRYHQDQWVDVZHOODVIRURWKHU
JRRGDQGYDOXDEOHFRQVLGHUDWLRQVGRKHUHE\$*5((WRWKHIROORZLQJ$PHQGPHQWZKLFK
DPHQGVWKHIROORZLQJWHUPVDQGFRQGLWLRQVRIWKHVDLG$JUHHPHQWWRZLW
7KHDGGLWLRQDOVHUYLFHVGHVFULEHGLQ([KLELW³$´RIWKLV$PHQGPHQWDWWDFKHG
KHUHWRDQGLQFRUSRUDWHGKHUHLQIRUDOOSXUSRVHVIRUSURIHVVLRQDOVHUYLFHVUHODWHGWR
WKHGHVLJQRILQWHUVHFWLRQLPSURYHPHQWVIRUWKH6PDOO7UDQVSRUWDWLRQ3URMHFWDUH
KHUHE\DXWKRUL]HGWREHSHUIRUPHGE\(QJLQHHU)RUDQGLQFRQVLGHUDWLRQRIWKH
DGGLWLRQDOVHUYLFHVWREHSHUIRUPHGE\(QJLQHHUWKH&LW\DJUHHVWRSD\EDVHGRQ
WKHFRVWHVWLPDWHGHWDLODWWDFKHGDV([KLELW³$´WRWKLV$PHQGPHQWDWWDFKHGKHUHWR
DQGLQFRUSRUDWHGKHUHLQIRUDOOSXUSRVHVDWRWDOIHHLQFOXGLQJUHLPEXUVHPHQWIRU
QRQODERUH[SHQVHVDQDPRXQWQRWWRH[FHHG
7KLV$PHQGPHQWPRGLILHVWKH$JUHHPHQWDPRXQWWRSURYLGHDQDGGLWLRQDO
IRU WKH DGGLWLRQDO VHUYLFHV ZLWK D UHYLVHG DJJUHJDWH QRW WR H[FHHG WRWDO RI
36$±$PHQGPHQW3DJHRI
7KH3DUWLHVKHUHWRDJUHHWKDWH[FHSWDVVSHFLILFDOO\SURYLGHGIRUE\WKLV$PHQGPHQWWKDW
DOORIWKHWHUPVFRYHQDQWVFRQGLWLRQVDJUHHPHQWVULJKWVUHVSRQVLELOLWLHVDQGREOLJDWLRQV
RIWKH3DUWLHVVHWIRUWKLQWKH$JUHHPHQWUHPDLQLQIXOOIRUFHDQGHIIHFW
,1:,71(66:+(5(2)WKH&LW\DQGWKH&RQVXOWDQWKDYHHDFKH[HFXWHGWKLV
$PHQGPHQWHOHFWURQLFDOO\E\DQGWKURXJKWKHLUUHVSHFWLYHGXO\DXWKRUL]HGUHSUHVHQWDWLYHV
DQGRIILFHUVRQWKLVGDWHBBBBBBBBBBBBBBBBBBBBBBBBB
³&LW\´
&,7<2)'(17217(;$6
$7H[DV0XQLFLSDO&RUSRUDWLRQ
%\
BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB
&5<67$/ :(67%522. 6(1,25
%8<(5
³(QJLQHHU´
.,0/(<+251 $1' $662&,$7(6
,1&
%\
BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB
$87+25,=('6,*1257,7/(
7+,6$*5((0(17+$6%((1
%27+5(9,(:('$1'$33529('
DVWRILQDQFLDODQGRSHUDWLRQDO
REOLJDWLRQVDQGEXVLQHVVWHUPV
BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB
6,*1$785( 35,17('1$0(
BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB
7,7/(
BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB
'(3$570(17
Amendment No. 1
IH-35 - UTILITY-RELOCATIONS
(FROM I35E/I35W SPLIT TO MILAM) May 12, 2021
1 of 3
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT
ADDITIONAL SERVICES
Professional Services Agreement:
IH-35 - UTILITY-RELOCATIONS
(FROM I35E/I35W SPLIT TO MILAM)
Amendment Scope of Services
This is Amendment Number 01 to the Professional Service Agreement (6590-095) between
Kimley-Horn and Associates, Inc. (ENGINEER) and the City of Denton (City) executed on
December 18, 2020.
Scope of Services
The CITY has requested that the ENGINEER perform additional services to analyze the sewer
basin projected flows for potential development in the Milam Creek to Loop 288 area to evaluate
and determine the appropriate size of sewer infrastructure needed to meet peak flows for the
proposed developments.
Task 17 – Sewer Basin Planning
ENGINEER will perform the following additional services:
1. Data Collection
Perform data collection necessary for the determination of the appropriate size of sewer facilities
needed to meet peak flow demands. The City is to provide the number and size of developments to
perform the analysis on. Data collection shall include obtaining and organizing the following:
Confirmation from City on development location and projected flows
Existing sewer lines in the area that will serve the development.
Current or future City projects in the Pecan Creek Basin that are increasing capacities in
the sewer system
2. Sewer Basin Analysis and Estimated Costs
Analyze and evaluate the proposed sewer basins for up to two (2) options. ENGINEER will rely
upon information provided by the City for reaching a point downstream in the Pecan Creek Basin
that can handle the additional flow from proposed development. The ENGINEER will not be
responsible for analyzing the existing flows in the Pecan Creek or Milam Creek Basins
ENGINEER will develop a wastewater Capital Improvement Plan that identifies projects
to be constructed including the following tasks:
o Develop and utilize a costing methodology to provide opinions of probable
construction costs for the two (2) options.
EXHIBIT A
Amendment No. 1
IH-35 - UTILITY-RELOCATIONS
(FROM I35E/I35W SPLIT TO MILAM) May 12, 2021
2 of 3
3. Technical Memorandum
Prepare a technical memorandum summarizing the finding of the analysis and recommendations
which includes:
Introduction
List of Design Assumptions
Existing and Proposed System Description
Conclusion stating the overall findings of the analysis
Appendix (Supporting Data and Calculations)
MEETINGS
The following is a list of meetings we anticipate will be required for the approval of the Sewer
Basin Analysis.
(1) Meeting with City staff to review and discuss design criteria and existing system
information.
(1) Meeting with City staff to discuss the Sewer Basin development and results of the
analysis.
DELIVERABLES
Deliverables for the project will include:
Three (3) copies of the technical memorandum
SCHEDULE
We will complete the services for Task 2-3 within 14 calendar days after completion of Task 1.
Compensation
The additional services described above will be accommodated by increasing the contract amount
by $15,000. The following table summarizes the revised contract amount:
Task Original
Contract
Amendment
No. 1
Revised
Contract
Task 1 – Design Management $73,000 -$73,000
Task 2 – Alignment Study $106,000 -$106,000
Task 3 – Preliminary Design $469,200 -$469,200
Task 4 – Final Design $203,300 -$203,300
Task 5 – Construction Contract Documents $41,700 -$41,700
Task 6 – Bid Phase Services $30,500 -$30,500
Task 7 – Construction Phase Services $146,000 -$146,000
Amendment No. 1
IH-35 - UTILITY-RELOCATIONS
(FROM I35E/I35W SPLIT TO MILAM) May 12, 2021
3 of 3
Task 8 – Record Drawings Preparation $35,100 -$35,100
Task 9 – Permitting $81,000 -$81,000
Task 10 – Survey and Easements $269,000 -$269,000
Task 11 – Easement Acquisition Services $747,900 -$747,900
Task 12 – Conflict Analysis $25,000 -$25,000
Task 13 – Lift Station Preliminary
Engineering Report (PER)
$35,200 -$35,200
Task 14 – Lift Station Prelim/Final Design $104,300 -$104,300
Task 15 – Lift Station Bid Phase Services $6,300 -$6,300
Task 16 – Lift Station Const. Phase Services $22,800 -$22,800
Task 17 – Sewer Basin Planning -$15,000 $15,000
Totals: $2,396,300 $15,000 $2,411,300
Duly executed by each party’s designated representative to be effective on the date subscribed by the
CITY.
BY:
CITY OF DENTON, TEXAS
BY:
ENGINEER
Title:______________________
Date:_______________________
Kimley-Horn and Associates, Inc
Title: John Atkins, Vice President
Date:____________________________
Certificate Of Completion
Envelope Id: 321C4870867C4CD89ECD9A97C4B78054 Status: Completed
Subject: ***Purchasing Approval*** 6590-095--Amendment 1
Source Envelope:
Document Pages: 6 Signatures: 3 Envelope Originator:
Certificate Pages: 5 Initials: 0 Crystal Westbrook
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
crystal.westbrook@cityofdenton.com
IP Address: 198.49.140.104
Record Tracking
Status: Original
5/24/2021 11:29:06 AM
Holder: Crystal Westbrook
crystal.westbrook@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Crystal Westbrook
crystal.westbrook@cityofdenton.com
Senior Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.104
Sent: 5/24/2021 11:31:57 AM
Viewed: 5/24/2021 11:32:15 AM
Signed: 5/24/2021 11:32:53 AM
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)
Signature Adoption: Pre-selected Style
Using IP Address: 12.245.18.82
Sent: 5/24/2021 11:32:54 AM
Viewed: 5/24/2021 11:44:43 AM
Signed: 5/24/2021 2:18:22 PM
Electronic Record and Signature Disclosure:
Accepted: 3/27/2020 10:55:11 AM
ID: a1f38400-e5cc-4b57-8548-4dd7e031355d
Stephen D. Gay
stephen.gay@cityofdenton.com
Director, Water and Wastewater
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 5/24/2021 2:18:23 PM
Viewed: 5/24/2021 2:24:38 PM
Signed: 5/25/2021 12:11:49 PM
Electronic Record and Signature Disclosure:
Accepted: 5/24/2021 2:24:38 PM
ID: 6ca184e2-f70f-4b55-aeb4-d1f64227403d
Crystal Westbrook
crystal.westbrook@cityofdenton.com
Senior Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.104
Sent: 5/25/2021 12:11:51 PM
Viewed: 5/25/2021 12:12:27 PM
Signed: 5/25/2021 12:14:02 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 5/25/2021 12:14:03 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Annie Bunger
annie.bunger@cityofdenton.com
Contract Control Specialist
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 5/25/2021 12:14:03 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 5/24/2021 11:31:57 AM
Certified Delivered Security Checked 5/25/2021 12:12:27 PM
Signing Complete Security Checked 5/25/2021 12:14:02 PM
Completed Security Checked 5/25/2021 12:14:03 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Denton (we, us or Company) may be required by law to provide to
you certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically through your DocuSign, Inc.
(DocuSign) Express user account. Please read the information below carefully and thoroughly,
and if you can access this information electronically to your satisfaction and agree to these terms
and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of
this document.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. For such copies, as long as you are an authorized user of the
DocuSign system you will have the ability to download and print any documents we send to you
through your DocuSign user account for a limited period of time (usually 30 days) after such
documents are first sent to you. After such time, if you wish for us to send you paper copies of
any such documents from our office to you, you will be charged a $0.00 per-page fee. You may
request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your
DocuSign account. This will indicate to us that you have withdrawn your consent to receive
required notices and disclosures electronically from us and you will no longer be able to use your
DocuSign Express user account to receive required notices and consents electronically from us
or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through your DocuSign user account all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or
made available to you during the course of our relationship with you. To reduce the chance of
you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
" "# !!# "
"! """
"$
How to contact City of Denton:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: purchasing@cityofdenton.com
To advise City of Denton of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com
and in the body of such request you must state: your previous e-mail address, your new e-mail
address. We do not require any other information from you to change your email address..
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in DocuSign.
To request paper copies from City of Denton
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an e-mail to purchasing@cityofdenton.com and in
the body of such request you must state your e-mail address, full name, US Postal address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Denton
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent
page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you
must state your e-mail, full name, IS Postal Address, telephone number, and account
number. We do not need any other information from you to withdraw consent.. The
consequences of your withdrawing consent for online documents will be that transactions
may take a longer time to process..
Required hardware and software
Operating Systems: Windows2000? or WindowsXP?
Browsers (for SENDERS): Internet Explorer 6.0? or above
Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0,
NetScape 7.2 (or above)
Email: Access to a valid email account
Screen Resolution: 800 x 600 minimum
Enabled Security Settings:
•Allow per session cookies
•Users accessing the internet behind a Proxy
Server must enable HTTP 1.1 settings via
proxy connection
** These minimum requirements are subject to change. If these requirements change, we will
provide you with an email message at the email address we have on file for you at that time
providing you with the revised hardware and software requirements, at which time you will
have the right to withdraw your consent.
Acknowledging your access and consent to receive materials electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please verify that you
were able to read this electronic disclosure and that you also were able to print on paper or
electronically save this page for your future reference and access or that you were able to
e-mail this disclosure and consent to an address where you will be able to print on paper or
save it for your future reference and access. Further, if you consent to receiving notices and
disclosures exclusively in electronic format on the terms and conditions described above,
please let us know by clicking the 'I agree' button below.
By checking the 'I Agree' box, I confirm that:
• I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF
ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
• I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
• Until or unless I notify City of Denton as described above, I consent to receive from
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to me by City of Denton during the course of my relationship with you.