7574-008 - Amendment 1 Executed
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DocuSign Envelope ID: B4EFA904-6523-4522-8294-C54C651A3BD1
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PSA 7574-008
DESIGN GRANADA LIFT STATION-AMENDMENT 1
Crystal Westbrook
N/A
MAY 16, 2023
23-944
PSA 7574-008 – Amendment #1 Page 1 of 2
FIRST AMENDMENT TO CONTRACT
BY AND BETWEEN THE CITY OF DENTON, TEXAS
AND KIMLEY-HORN AND ASSOCIATES, INC.
PSA 7574-008
THE STATE OF TEXAS §
COUNTY OF DENTON §
THIS FIRST AMENDMENT TO CONTRACT 7574-008 (“Amendment”) by and
between the City of Denton, Texas (“City”) and KIMLEY-HORN AND ASSOCIATES,
INC., (“Engineer”); to that certain contract executed on November 16, 2021, in the original
not-to-exceed amount of $159,300 (the “Agreement”); for services related to Design
Granada Lift Station.
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 $204,500 with this Amendment for an aggregate not-to-exceed
amount of $363,800; 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:
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 Design Granada Lift Station, 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 $204,500.
2. This Amendment modifies the Agreement amount to provide an additional
$204,500 for the additional services with a revised aggregate not to exceed total of
$363,800.
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.
DocuSign Envelope ID: B4EFA904-6523-4522-8294-C54C651A3BD1
PSA 7574-008 – Amendment #1 Page 2 of 2
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:
JESUS SALAZAR, INTERIM CITY
SECRETARY
By:
_________________________________
“ENGINEER”
KIMLEY-HORN AND ASSOCIATES,
INC.
By:
_________________________________
AUTHORIZED SIGNATURE, TITLE
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
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: B4EFA904-6523-4522-8294-C54C651A3BD1
Vice President
Stephen D. Gay
Director,
Water Utilities.
05/16/2023
EXHIBIT “A”
Amendment No. 1
Granada Lift Station Replacement February 24, 2023
1 of 8
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES
AGREEMENT
ADDITIONAL SERVICES
Professional Services Agreement:
GRANADA LIFT STATION REPLACEMENT
Amendment Scope of Services
Project Understanding
ENGINEER previously completed Final Design services associated with “Task 5 – Final Design”
in accordance with the Original Contract. ENGINEER and CITY determined upon completion of
Final Design that the proposed replacement would potentially lead to challenging easement
acquisition, and site constraints which would require multiple variances to City standards to be
obtained. As a result of the findings, CITY requested ENGINEER to utilize fees associated with
“Task 6 – Construction Contract Documents” and “Task 7 – Bid Phase Services” to perform
additional data collection and to make recommendations for alternative infrastructure
improvement options which would permit the abandonment of the Granada Lift Station.
ENGINEER’s investigation has revealed a gravity pipeline option is feasible and will permit the
abandonment of the Granada Lift Station.
CITY has requested ENGINEER prepare this amendment to the scope of services to provide
professional design services for approximately 1,500 linear feet of 12-inch sanitary sewer line
from an existing sanitary sewer line in front of 3712 Granada Trail, through the existing lift
station site to the south, and ultimately discharging in an existing sanitary sewer manhole in the
Creekside subdivision.
Scope of Services
The CITY has requested that the ENGINEER perform the following additional services:
Task 4 SURVEY AND GEOTECH
ENGINEER will provide the following additional services in accordance with the Original
Contract:
A. Geotechnical Engineering
1. Perform a geotechnical analysis of the pipeline alignment utilizing a qualified
geotechnical laboratory to determine subsurface conditions and make
recommendations regarding design parameters. The analysis shall include the
following:
a. Subsurface exploration including up to five (5) sample borings, two of which will
be drilled to approximately 45-feet for a proposed aerial crossing, the remaining
DocuSign Envelope ID: B4EFA904-6523-4522-8294-C54C651A3BD1
EXHIBIT “A”
Amendment No. 1
Granada Lift Station Replacement February 24, 2023
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borings will be drilled to approximately 15 feet depending upon depth to un-
weathered shale or limestone.
b. Laboratory tests for classification purposes and strength characteristics.
c. Engineering services that address the following:
i. Soil and groundwater conditions
ii. Comments on general excavatability of soils and shale encountered
iii. Recommendations for pump station, transformer and generator pads, and vault
foundation types, depth, allowable loading and backfill requirements
iv. Foundation construction requirements
v. Recommended lateral pressures for the design of below grade walls
vi. Evaluation of the subgrade soils
vii. Recommendations for yard piping installation, including bedding and backfill
viii. Recommendations for earthwork.
2. A geotechnical report will be furnished by the geotechnical engineer to present the
results of the field and laboratory data as well as analyses and recommendations. The
data contained in the geotechnical report will be made available to contractors during
the bidding process for informational purposes.
B. 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 field survey.
2. Design Survey
a. The limits of the survey shall be from the southern boundary line of the Granada
lift station property south to Ryan Road, continuing west approximately 225
linear feet and finally traversing across the Creekside subdivision and terminating
at the intersection of Arbor Glen Avenue and Willow Grove Avenue. Total limits
of supplemental topographic survey will be approximately 50-feet wide for 900
linear feet.
DocuSign Envelope ID: B4EFA904-6523-4522-8294-C54C651A3BD1
EXHIBIT “A”
Amendment No. 1
Granada Lift Station Replacement February 24, 2023
3 of 8
Task 5 FINAL DESIGN
ENGINEER will provide the following additional services in accordance with the Original
Contract:
A. Final Design
3. Prepare engineering plan sheets and specifications for approximately 1,500 linear feet
of 12-inch sanitary sewer line, structural details for anticipated aerial crossing, and
demolition plans for existing Granada Lift Station.
4. The plans will include:
a. Civil sheets: general notes, lift station demolition plan, benchmark and control
sheet, pipeline plan and profile sheets, sanitary sewer details, surface repair
sheets, erosion control plan and details, traffic control details.
b. Structural sheets: general notes, structural details for aerial crossing piers and
abutment structures.
5. Specifications shall include City Standard and non-standard technical specifications
for materials and installation of the proposed facilities.
B. Easement Preparation
1. Upon receiving approval of 90% design drawings, ENGINEER will prepare up to
six (6) permanent sanitary sewer easements or temporary construction easements.
2. Easement instruments will consist of metes and bounds descriptions and exhibits.
3. City will be responsible for easement acquisition.
C. Deliverables
1. Final design submittal (90%)
a. Submit four (4) copies and digital .PDFs to City for review and comment.
b. Submittal shall include the following:
ix. Final design plans (22”x34”)
x. Final project manual
xi. Opinion of probable construction cost
D. Meetings
1. Attend one (1) meeting with City to present and review the final design (90%)
submittal
DocuSign Envelope ID: B4EFA904-6523-4522-8294-C54C651A3BD1
EXHIBIT “A”
Amendment No. 1
Granada Lift Station Replacement February 24, 2023
4 of 8
Task 6 – CONSTRUCTION CONTRACT DOCUMENTS
ENGINEER will provide the following additional services in accordance with the Original
Contract:
A. Bidding Construction Contract Documents
1. Incorporate City comments from final design submittal and prepare construction
contract documents, bid plans, and opinion of probable construction cost.
2. Construction contract documents will consist of the final plans and project
manual, both signed and sealed by a licensed professional engineer in the State of
Texas and in accordance with comments provided by the City during final
design.
B. Deliverables:
1. Construction Contract Documents Submittal
a. Submit two (2) copies and electronic (.pdf) documents to the City for
bidding.
b. Submittal shall include the following:
i. Bid drawings
ii. Bid project manual
iii. Opinion of probable construction cost
Task 7 – BID PHASE SERVICES
ENGINEER will provide the following additional services in accordance with the Original
Contract:
A. Bid Phase Services
1. Provide electronic bid documents to the City purchasing department for bidding.
2. Provide the Notice to Bidders to the City for publication. The City will be
responsible for publication of the notice. The City will be responsible for
distribution of the bidding documents to prospective contractors, suppliers and plan
rooms.
3. The following assistance will be provided to the City during the bidding phase:
a. Preparation of addenda and delivery to City for distribution to plans holders.
b. Responses to questions submitted by plans holders.
c. Attend bid opening facilitated by City.
d. Preparation of bid tabulation.
e. Preparation of recommendation of award letter.
4. Conformance plans and specifications
a. Based on potential questions and addenda from the bidding phase, prepare
conformance set of plans and specifications to be used during construction.
i. Provide up to four (4) sets to City for execution.
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EXHIBIT “A”
Amendment No. 1
Granada Lift Station Replacement February 24, 2023
5 of 8
Task 10 – DOWNSTREAM ASSESSMENT
ENGINEER will provide the following additional services in accordance with the Original
Contract:
A. Downstream Assessment and Floodplain Study
1. Data Collection and Processing:
a. Request effective hydrologic models for Fletcher Branch Tributary 5 and
Fletcher Branch from the City and FEMA if necessary. ENGINEER
assumes models will be available, digital, and executable.
b. Subdivide drainage areas for the subject property using the on-ground
survey prepared under a separate task, aerial topography, and record
drawings. Hydrologic parameters for existing and fully developed
conditions will be developed in accordance with City criteria.
c. Create a post-project condition hydraulic model for Fletcher Branch by
modifying the pre-project condition hydraulic models using proposed
grading and aerial crossing design. Modeling will be revised up to two
times to meet City criteria regarding valley storage, water surface, and
velocity. The subject reach of the modifications will extend from
2. Technical Memorandum
a. Prepare a Downstream Assessment and Floodplain Study for submittal to
the City to support the proposed aerial crossing. The purpose of the study
will be to identify if compensatory storage is needed to offset fill,
delineate the 100-year existing and fully developed floodplain limits, and
establish proposed site elevations. The submittal will consist of the
following items:
• Narrative;
• Drainage Area Maps;
• HEC-HMS Output;
• Hydraulic Workmaps;
• HEC-RAS Output; and
• Digital Files.
b. Response/Revisions for up to two rounds of comments from the City are
anticipated under this task. Responding to additional rounds of comments
will be considered additional services. This task does not include any
submittals to the FEMA.
DocuSign Envelope ID: B4EFA904-6523-4522-8294-C54C651A3BD1
EXHIBIT “A”
Amendment No. 1
Granada Lift Station Replacement February 24, 2023
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Task 11 – CONDITIONAL LETTER OF MAP REVISION (CLOMR)
REQUEST
Conditional Letter of Map Revision (CLOMR) application for the subject reach of Fletcher
Branch for submittal to the City and FEMA. The subject reach of Fletcher Branch will be
unchanged from Task 10.
CLOMR request will be processed by FEMA only after FEMA receives documentation from the
requestor that demonstrates compliance with the ESA. Compliance requires one of the following:
• No potential for “Take” exists, meaning that the project has no potential to
harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect
threatened or endangered species; or
• An Incidental Take Permit from the US. Fish & Wildlife Service
ENGINEER will provide the following additional services in accordance with the Original
Contract:
A. Field Investigation
1. Perform a field investigation and a review of readily available databases relevant
to Federal listed species. Based on the findings, ENGINEER will make a
determination regarding endangered species. This task assumes that the findings
will result in a determination of no potential for “Take”.
2. This task does not include effort to assist the City if the field investigation reveals
an outcome other than “no potential for Take exists,” which can be performed for
the City as an additional service.
B. ESA Compliance Submittal
1. Submittal will include a technical memorandum demonstrating no potential for
“take” exists and USFWS IPAC endangered species list.
C. CLOMR Application Submittal
1. CLOMR application submittal to City and FEMA will consist of the following
items:
a. Narrative
b. Drainage Area Maps
c. Hydrologic Parameter Calculation Tables
d. HEC-HMS Output
e. Pre-Project Floodplain Map
f. Post-Project Floodplain Map
g. Water Surface Elevation Comparison Tables
h. HEC-RAS Output
i. FEMA FIRM
j. Annotated FEMA FIRM
k. FEMA MT-2 Forms
l. Digital Files
DocuSign Envelope ID: B4EFA904-6523-4522-8294-C54C651A3BD1
EXHIBIT “A”
Amendment No. 1
Granada Lift Station Replacement February 24, 2023
7 of 8
2. CLOMR will be submitted to City and FEMA electronically. This task assumes
one round of comments from the City and one round of comments from FEMA,
and includes the online FEMA CLOMR submittal fee of $6,500. All other
potential review, submittal, or project related fees will be paid directly by the
City.
Task 12 – LETTER OF MAP REVISION (LOMR) REQUEST
Letter of Map Revision (LOMR) application for the subject reach of Fletcher Branch for
submittal to the City and FEMA. The subject reach of Fletcher Branch will be unchanged from
Task 11.
ENGINEER will provide the following additional services in accordance with the Original
Contract:
A. As-Built Survey Review
1. Review the as-built survey of the floodplain modifications prepared under Task
13 to confirm the floodplain grading was constructed in accordance with the plan
presented in Task 11. Hydraulic models will also be updated, if necessary.
B. LOMR Application Submittal
1. Prepare a LOMR application for submittal to the City and FEMA. The LOMR
application will consist of the following items:
a. Narrative
b. Drainage Area Maps
c. Hydrologic Parameter Calculation Tables
d. HEC-HMS Output
e. Pre-Project Floodplain Map
f. Post-Project Floodplain Map
g. Water Surface Elevation Comparison Tables
h. HEC-RAS Output
i. FEMA FIRM
j. Annotated FEMA FIRM
k. FEMA MT-2 Forms
l. Digital Files
2. LOMR will be submitted to City and FEMA electronically. This task assumes
one round of comments from the City and one round of comments from FEMA,
and includes the online FEMA LOMR submittal fee of $8,000. All other
potential review, submittal, or project related fees will be paid directly by the
City.
DocuSign Envelope ID: B4EFA904-6523-4522-8294-C54C651A3BD1
EXHIBIT “A”
Amendment No. 1
Granada Lift Station Replacement February 24, 2023
8 of 8
Task 13 – LOMR Topographic Survey
ENGINEER will provide the following additional services in accordance with the Original
Contract:
A. As-Built Survey
1. Following the post construction fill and/or cut, a topographic survey of the
constructed improvements will be performed.
2. The survey data is to be used in-house and will not be issued as a stand-alone
survey document. The survey will be conducted to include the specifications set
forth by National Mapping Standards and FEMA mapping standards. Elevations
obtained on hard surfaces, i.e. paving, etc. will be expressed to the nearest 0.01
feet and on natural ground surfaces to the nearest 0.10 feet. Survey will be tied to
the City benchmark system.
______________________________________________________________________________
Compensation
The additional services described above will be accommodated by reallocation of existing
contract funds and by increasing the contract amount by $204,500. The following table
summarizes the recommended budget revisions and revised contract amount:
Task Original
Contract
Original
Contract
Revisions
Amend.
No. 1
Revised
Contract
Task 1 – Project Management $ 4,500 $ - $ - $ 4,500
Task 2 – Conceptual Layout $ 4,900 $ 7,500 $ - $ 4,900
Task 3 – Preliminary Engineering Report $ 10,800 $ - $ - $ 10,800
Task 4 – Survey and Geotech $ 13,000 $ 7,500 $ 15,200 $ 35,700
Task 5 – Final Design $ 62,900 $ - $ 72,600 $ 135,500
Task 6 – Construction Contract Documents $ 4,200 $ (4,200) $ 4,200 $ 4,200
Task 7 – Bid Phase Services $ 10,800 $ (10,800) $ 10,800 $ 10,800
Task 8 – Construction Phase Services $ 43,500 $ - $ - $ 43,500
Task 9 – Record Drawings Preparation $ 4,700 $ - $ - $ 4,700
Task 10 – Downstream Assessment $ - $ - $ 34,000 $ 34,000
Task 11 – CLOMR Request $ - $ - $ 30,500 $ 30,500
Task 12 – LOMR Request $ - $ - $ 34,000 $ 34,000
Task 13 – LOMR Topographic Survey $ - $ - $ 3,200 $ 3,200
Totals: $ 159,300 $ - $204,500 $ 363,800
DocuSign Envelope ID: B4EFA904-6523-4522-8294-C54C651A3BD1
Certificate Of Completion
Envelope Id: B4EFA904652345228294C54C651A3BD1 Status: Completed
Subject: Please DocuSign: City Council Contract 7574-008 Design Granada Lift Station-Amendment 1
Source Envelope:
Document Pages: 11 Signatures: 5 Envelope Originator:
Certificate Pages: 6 Initials: 1 Crystal Westbrook
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901B Texas Street
Denton, TX 76209
crystal.westbrook@cityofdenton.com
IP Address: 198.49.140.10
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4/11/2023 2:22:27 PM
Holder: Crystal Westbrook
crystal.westbrook@cityofdenton.com
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Crystal Westbrook
crystal.westbrook@cityofdenton.com
Senior Buyer
City of Denton
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City of Denton
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Mack Reinwand City Attorney
City of Denton
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Scott Arnold
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Kimley-Horn and Associates, Inc.
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Cheyenne Defee
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City of Denton
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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.