7850-004 - Amendment 1 Executed
Docusign Transmittal Coversheet
File Name
Purchasing Contact
Contract Expiration
DocuSign Envelope ID: 61A14253-1DFF-436A-BE61-900172341D19
Erica Garcia
NA
7850-004 Aquatic Masterplan Amendment 1
7850-004 PSA – 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 7850-004
THE STATE OF TEXAS §
COUNTY OF DENTON §
THIS FIRST AMENDMENT TO CONTRACT 7850-004 (“Amendment”) by and
between the City of Denton, Texas (“City”) and Kimley-Horn and Associates, Inc.
(“Engineer”); to that certain contract executed on September 20, 2022, in the original not-
to-exceed amount of $80,000 (the “Agreement”); for services related to Design and
Masterplan Services for Aquatics Facilities.
WHEREAS, the City deems it necessary to further expand the services provided by
Engineer to the City pursuant to the terms of the Agreement, and to provide an additional
not-to-exceed amount $20,000 with this Amendment for an aggregate not-to-exceed
amount of $100,000; 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
Design and Masterplan Services for Aquatics Facilities, 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 $20,000.
2. This Amendment modifies the Agreement amount to provide an additional $20,000
for the additional services with a revised aggregate not to exceed total of $100,000.
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: 61A14253-1DFF-436A-BE61-900172341D19
7850-004 PSA – Amendment #1 Page 2 of 2
IN WITNESS WHEREOF, the City and the Engineer, 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:
_________________________________
AUTHORIZED SIGNOR, TITLE
“Engineer”
KIMLEY-HORN AND ASSOCIATES,
INC.
By:
_________________________________
AUTHORIZED SIGNOR, TITLE
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: 61A14253-1DFF-436A-BE61-900172341D19
Parks and Recreation
Director of Parks and Recreation
Gary Packan
3/18/24
Amendment No. 1
DENTON AQUATIC MASTER PLAN February 7, 2024
1 of 3
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT
ADDITIONAL SERVICES
Professional Services Agreement:
AQUATIC MASTER PLAN
Amendment Scope of Services
Scope of Services
The CITY has requested that the ENGINEER perform additional services consisting of the
following:
Task 6 – Partnership Opportunities/Needs Analysis:
1.Meet with the steering committee to analyze needs and determine objectives
in order to ascertain existing levels of service and the perceived needs for
aquatic center usage of the CITY, the University of North Texas (UNT), and
the Denton Independent School District (DISD). A matrix of programming
priorities will be developed and discussed to prioritize programming and
the operational model.
2.Explore partnership opportunities between the CITY, UNT, and the DISD to
include capital and operational scenarios to help fund the construction or the
operations of the aquatic center addition to the existing Denton Natatorium or
the Southwest Park location.
3.Determine the projected percentage of time allocated to each of the proposed
user groups of the 50-meter pool in order to incorporate usage into the
operational cost analysis.
4.Revise the aquatic master plan layout of the 50-meter pool addition based on
feedback and input from the steering committee.
Task 7 Operational Cost Analysis:
1.The ENGINEER will prepare an Operational Cost Analysis that will develop
an opinion of operations protocol for the proposed aquatic facility based on
the various potential capital and funding models. The following will be
researched and analyzed and a final presentation to the project committee
outlining the methods and results of the study will be made.
1.Operational data consisting of attendance levels and trends, visitor mix,
per capita expenditures, revenue, operating expenses, net operating
income, and net income after capital costs.
2.Analysis of market penetration and compilation of demographic trends
in the market area, including population levels and trends, incomes, age
EXHIBIT A
DocuSign Envelope ID: 61A14253-1DFF-436A-BE61-900172341D19
Amendment No. 1
DENTON AQUATIC MASTER PLAN February 7, 2024
2 of 3
distribution, and ethnic composition based on the ENGINEER’s
demographic data bank.
3.A review of Denton ISD aquatics sports seasons and schedules.
4.Partnership types and operating strategies between the CITY, UNT and
DISD.
5.Projections of attendance and utilization potential.
6.Projections of design level attendance figures and required capacity
requirements based on the number of lanes, types of practices held,
number and the type of events hosted.
7.Projections of aquatic facility operational expenses including,
personnel, chemical demand, operating supplies, maintenance and
repair, utility demand, marketing, food and beverage and retail.
8.Projections of financial performance
9.Preliminary estimates of warranted investment levels for the CITY,
UNT, and DISD based on projected net operating income.
10.Develop a cost sharing matrix for future repairs and capital
investment.
Compensation
The additional services described above will be accommodated by increasing the contract amount
by $20,000. The following table summarizes the revised contract amount:
Task Original
Contract
Amendment
No. 1
Revised
Contract
Task 1 – Data Collection $15,000 -$15,000
Task 2 – Goals, Objectives, Public Meetings $26,000 - $26,000
Task 3 – Concept Design and Prioritization $26,000 -$26,000
Task 4 – Economic and Operational Impact
Study $5,000 - $5,000
Task 5 – Final Report $8,000 -$8,000
Task 6 – Partnership Opportunities/Needs
Analysis - $10,000 $10,000
Task 7 – Operational Cost Analysis -$10,000 $10,000
Totals $80,000 $20,000 $100,000
EXHIBIT A
DocuSign Envelope ID: 61A14253-1DFF-436A-BE61-900172341D19
Amendment No. 1
DENTON AQUATIC MASTER PLAN February 7, 2024
3 of 3
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: Scott Arnold, P.E., Vice President
Date:____________________________
EXHIBIT A
DocuSign Envelope ID: 61A14253-1DFF-436A-BE61-900172341D19
Senior Buyer
3/18/24
Certificate Of Completion
Envelope Id: 61A142531DFF436ABE61900172341D19 Status: Completed
Subject: ***Purchasing Approval*** 7850-004 Aquatic Masterplan Formal Amendment 1
Source Envelope:
Document Pages: 6 Signatures: 5 Envelope Originator:
Certificate Pages: 5 Initials: 1 Erica Garcia
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
erica.garcia@cityofdenton.com
IP Address: 198.49.140.10
Record Tracking
Status: Original
3/15/2024 8:38:16 AM
Holder: Erica Garcia
erica.garcia@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Erica Garcia
erica.garcia@cityofdenton.com
Senior Buyer
City of Denton
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Completed
Using IP Address: 198.49.140.10
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Signed: 3/15/2024 8:40:28 AM
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Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
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Scott Arnold
Scott.arnold@kimley-horn.com
Scott R. Arnold
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Sent: 3/15/2024 8:50:14 AM
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Signed: 3/15/2024 8:59:32 AM
Electronic Record and Signature Disclosure:
Accepted: 3/15/2024 8:59:08 AM
ID: b7a8502a-9092-4c9f-84d3-09631c697c6c
Gary Packan
Gary.Packan@cityofdenton.com
Director of Parks and Recreation
Parks and Recreation
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Electronic Record and Signature Disclosure:
Accepted: 3/15/2024 9:00:11 AM
ID: be17dbd1-b258-4f42-b38b-7fcf9420f483
Signer Events Signature Timestamp
Erica Garcia
erica.garcia@cityofdenton.com
Senior Buyer
City of Denton
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(None)
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Using IP Address: 198.49.140.104
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Signed: 3/18/2024 2:51:02 PM
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Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
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Sent: 3/18/2024 2:51:04 PM
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Electronic Record and Signature Disclosure
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Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Scott Arnold, Gary Packan
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