6590-081 - Amendment 4 Executed
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
DocuSign Envelope ID: DC53CBFB-B48B-44EB-B454-BE37E640A6AB
Crystal Westbrook
Not Applicable
6590-081
NORTHWEST BOOSTER PUMP STATION--4TH AMENDMENT
PSA
DECEMBER 13, 2022
N/A
22-2471
6590-081 PSA – Amendment #4 Page 1 of 2
FOURTH 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 FOURTH 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 14, 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”); amended on November 16, 2021 in the additional amount of
$248,500 aggregating a not to exceed amount of $1,773,400 (the “Second Amendment”);
amended on April 14, 2022 in the additional amount of $32,500 aggregating a not-to-
exceed amount of $1,805,900 (the “Third Amendment”) (collectively, the Original
Agreement and the First, Second and Third 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 $100,000 with this Amendment for an aggregate not-to-exceed
amount of $1,905,900; 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:
1. 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 $100,000.
DocuSign Envelope ID: DC53CBFB-B48B-44EB-B454-BE37E640A6AB
6590-081 PSA – Amendment #4 Page 2 of 2
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 representatives
and officers on this date _________________________.
“CITY”
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By:
_________________________________
ATTEST:
ROSA RIOS, CITY SECRETARY
By:
_________________________________
“Engineer”
KIMLEY-HORN AND ASSOCIATES,
INC.
By:
_________________________________
AUTHORIZED SIGNATURE, TITLE
APPROVED AS TO LEGAL FORM:
By:
_________________________________
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
_______________ ________________
SIGNATURE PRINTED NAME
__________________________________
TITLE
__________________________________
DEPARTMENT
DocuSign Envelope ID: DC53CBFB-B48B-44EB-B454-BE37E640A6AB
Vice President
Water Utilities
Director
Stephen D. Gay
12/13/2022
EXHIBIT “A”
Amendment No. 4
Northwest Booster Pump Station and Water Transmission Main November 8, 2022
1 of 3
AMENDMENT NO. 4 TO PROFESSIONAL SERVICES
AGREEMENT
ADDITIONAL SERVICES
Professional Services Agreement:
Northwest Booster Pump Station and Water Transmission Main
Amendment Scope of Services
Project Understanding
CITY has requested ENGINEER to provide various design revisions for the Northwest Booster
Pump Station based upon the following CITY directed changes to the electrical site plan, pump
and electrical room electrical plans and sections, electrical one-line diagram, panel schedules,
instrumentation block diagram, electrical control schematics for pump control panels and master
control panel, 5 cable and conduit schedules sheets to accommodate the following:
• Denton Municipal Electric (DME) meter, utility disconnect, and primary conductor
revisions
• Access control revisions
• Network switch cabinet and conduit/conductor revisions
• VFD Panel and HOA revisions
Additionally, CITY has requested ENGINEER to provide various coordination items (meetings,
exhibits, site visit, etc.) with stakeholders along the proposed Northwest Water Transmission
Main alignment throughout the design phase which were not originally anticipated within the
Scope of Services.
Finally, an additional services allowance is being added to the Contract to permit CITY to
direct ENGINEER to make additional design changes, if required. This allowance is provided
on an as-needed basis only and shall only be utilized when ENGINEER receives prior written
authorization from City.
Scope of Services
The CITY has requested that the ENGINEER perform the following additional services:
Northwest Booster Pump Station
Task 7 Construction Phase Services
ENGINEER will provide the following additional services in accordance with the Original
Contract:
A. Construction Phase Services
12. Redesign as Directed by City:
a. Denton Municipal Electric (DME) meter, utility disconnect, and primary
conductor revisions.
DocuSign Envelope ID: DC53CBFB-B48B-44EB-B454-BE37E640A6AB
EXHIBIT “A”
Amendment No. 4
Northwest Booster Pump Station and Water Transmission Main November 8, 2022
2 of 3
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 Contractor
and associated coordination.
______________________________________________________________________________
Northwest Water Transmission Main
Task 12 Final Design
ENGINEER will provide the following additional services in accordance with the Original
Contract:
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 negotiations
with 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.
DocuSign Envelope ID: DC53CBFB-B48B-44EB-B454-BE37E640A6AB
EXHIBIT “A”
Amendment No. 4
Northwest Booster Pump Station and Water Transmission Main November 8, 2022
3 of 3
Compensation
The additional services described above will be accommodated by reallocation of existing
contract funds and by increasing the contract amount by $100,000. The following table
summarizes the recommended budget revisions and revised contract amount:
Task Original
Contract
Amend.
No. 1
Amend.
No. 2
Amend.
No. 3
Amend.
No. 4
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 $ - $ - $ 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 $ - $ - $ - $ 30,000 $ 190,500
Task 8 – Record Drawings Preparation $ 8,700 $ - $ - $ - $ - $ 8,700
Task 9 – Permitting $ 18,900 $ - $ - $ - $ - $ 18,900
Northwest Water Transmission Main
Task 10 – Alignment Study $ 38,100 $ - $ - $ - $ - $ 38,100
Task 11 – Preliminary Design $ 209,300 $ 57,700 $ 10,900 $ 5,500 $ - $ 283,400
Task 12 – Final Design $ 61,700 $ 24,100 $ 70,000 $ 27,000 $ 20,000 $ 202,800
Task 13 – Construction Contract
Documents $ 9,900 $ - $ - $ - $ - $ 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 $ 20,100 $ - $ - $ - $ 23,700
Task 18 – Additional Services $ - $ - $ - $ - $ 50,000 $ 50,000
Totals: $1,398,600 $126,300 $248,500 $ 32,500 $100,000 $1,905,900
DocuSign Envelope ID: DC53CBFB-B48B-44EB-B454-BE37E640A6AB
Certificate Of Completion
Envelope Id: DC53CBFBB48B44EBB454BE37E640A6AB Status: Completed
Subject: Please DocuSign: City Council Contract 6590-081--Amendment 4
Source Envelope:
Document Pages: 6 Signatures: 5 Envelope Originator:
Certificate Pages: 6 Initials: 1 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: 198.49.140.10
Record Tracking
Status: Original
11/18/2022 9:07:38 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: 198.49.140.10
Sent: 11/18/2022 9:10:46 AM
Viewed: 11/18/2022 9:10:54 AM
Signed: 11/18/2022 9:15:03 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.104
Sent: 11/18/2022 9:15:08 AM
Viewed: 11/18/2022 9:40:39 AM
Signed: 11/18/2022 9:40:55 AM
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)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 11/18/2022 9:40:58 AM
Viewed: 11/18/2022 4:19:18 PM
Signed: 11/18/2022 4:22:57 PM
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: Uploaded Signature Image
Using IP Address: 134.238.171.64
Sent: 11/18/2022 4:23:00 PM
Viewed: 11/19/2022 1:08:00 PM
Signed: 11/21/2022 10:13:51 AM
Electronic Record and Signature Disclosure:
Accepted: 3/27/2020 10:55:11 AM
ID: a1f38400-e5cc-4b57-8548-4dd7e031355d
Signer Events Signature Timestamp
Stephen D. Gay
stephen.gay@cityofdenton.com
Director
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 47.186.197.168
Sent: 11/21/2022 10:13:54 AM
Viewed: 11/21/2022 10:18:10 AM
Signed: 11/21/2022 10:18:43 AM
Electronic Record and Signature Disclosure:
Accepted: 11/21/2022 10:18:10 AM
ID: 854bbccd-6323-48ec-96f6-1f07cf89aa08
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.10
Sent: 11/21/2022 10:18:47 AM
Viewed: 12/14/2022 8:50:34 AM
Signed: 12/14/2022 8:51:17 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sara Hensley
sara.hensley@cityofdenton.com
City Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 47.190.47.120
Signed using mobile
Sent: 12/14/2022 8:51:22 AM
Viewed: 12/14/2022 8:56:16 AM
Signed: 12/14/2022 8:56:22 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Rosa Rios
rosa.rios@cityofdenton.com
City Secretary
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 12/14/2022 8:56:27 AM
Viewed: 12/14/2022 10:51:47 AM
Signed: 12/14/2022 10:52:24 AM
Electronic Record and Signature Disclosure:
Accepted: 12/14/2022 10:51:47 AM
ID: f0d329df-238b-429a-bf2c-840e75f0c79f
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
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 11/18/2022 9:15:08 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Carbon Copy Events Status Timestamp
Gretna Jones
gretna.jones@cityofdenton.com
Legal Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 11/21/2022 10:18:47 AM
Viewed: 11/22/2022 9:56:13 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
City Secretary Office
citysecretary@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 12/14/2022 10:52:27 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Annie Bunger
annie.bunger@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 12/14/2022 10:52:30 AM
Electronic Record and Signature Disclosure:
Accepted: 8/22/2022 6:39:14 AM
ID: 5bb47e57-4b8d-48df-9f93-4ec29141b09a
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 11/18/2022 9:10:46 AM
Certified Delivered Security Checked 12/14/2022 10:51:47 AM
Signing Complete Security Checked 12/14/2022 10:52:24 AM
Completed Security Checked 12/14/2022 10:52:30 AM
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.
Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Scott Arnold, Stephen D. Gay, Rosa Rios, Annie Bunger
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.