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Exhibit 1 - Agenda Information Sheet - Amendment 3City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Procurement & Compliance ACM: David Gaines DATE: June 22, 2021 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of a third amendment to a Professional Services Agreement between the City of Denton and Freese and Nichols, Inc, amending the contract approved by City Council on October 16, 2018, in the not-to-exceed amount of $1,200,000.00, amended by Amendments 1-2 approved by Purchasing, said third amendment to provide professional engineering services for the Southeast Denton Neighborhood Street Reconstruction Project and program management services for the completion of the 2019 Street Reconstruction Bond; providing for the expenditure of funds therefor; and providing an effective date (File 6590-042 – providing for an additional third amendment expenditure amount not-to-exceed $1,257,254.00 with the total contract amount not-to-exceed $2,457,254.00). The Public Utilities Board recommends approval (5 - 0). INFORMATION/BACKGROUND Southeast Denton Neighborhood Phase 1 Design The Southeast Denton Neighborhood contains 73 street segments that will be reconstructed as part of the 2019 Street Reconstruction Bond. Along with the full reconstruction of the identified street segments, the project also includes the replacement of aging utility infrastructure, enhanced sidewalk connectivity, and various street lighting upgrades. In Quarter 3 of 2020, the City initiated preliminary design services for improvements to the Southeast Denton Neighborhood in partnership with Freese and Nichols, Inc. as part of the overall program management efforts to plan and construct the street segments included in the 2019 Street Reconstruction Bond. To ensure construction was well coordinated and to initiate work as quickly as possible, the City staff and the team from Freese and Nichols, Inc. developed a phased approach to complete all 73 segments in Southeast Denton. The first phase consists of 22 segments, a complete list of all planned segments in Southeast Denton is included as an exhibit. The Capital Projects Department anticipates the construction contract for phase one will be advertised for the selection of a contractor by December 2021, with construction estimated to begin in Q2 of the calendar year 2022. Approval of the proposed amendment 3 will allow Freese and Nichols, Inc. to complete the final design, finalize documentation for the construction contract, and provide construction administration services for the first 22 segments. This portion of the design amendment includes a not-to-exceed amount of $409,455. Staff is also coordinating with Freese and Nichols, Inc. to develop plans and project sequencing to design and construct the second phase of the Southeast Denton Neighborhood Reconstruction Project, which is City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com comprised of 51 street segments. In order to improve project scheduling, enhance communication and coordination with residents, and ensure predictability from a project budget perspective, staff plans to deliver the second phase of the Southeast Denton street segments using the Construction Manager at Risk methodology. Using the Construction Manager at Risk delivery method, the construction manager and design team will be selected at the same time, so the construction manager will have an opportunity to provide input on the constructability and sequencing of the design. Staff plans to advertise for the selection of the design team and construction manager by Q4 of 2021. 2019 Street Reconstruction Bond Program Management The $70 million 2019 Street Reconstruction Bond was approved by Denton voters on November 5, 2019. The bond program includes 379 street segments that were selected based on their general condition, proximity to other streets, and Overall Condition Index score. Following voter approval of the 2019 Street Reconstruction Program, staff retained Freese and Nichols Inc. in 2020 to provide program management services for an initial 12-month term focused on developing processes and initiating design activities so that roadway construction could begin as quickly as possible. The proposed scope associated with this amendment is for an additional 18-month term including the remainder of the calendar year 2021 through December 2022 in the not-to-exceed amount of $847,799. Tasks performed include the development of a comprehensive sequencing plan for all 379 segments, the development of dashboards and other key reporting features that can be shared internally and with the public regarding the status of project construction, preparation of cash flow models and individual project estimates, project execution process tracking, and providing general oversight as remaining segments of the 2019 Street Reconstruction Bond Program are designed and constructed. Amendment 3 Summary The table below provides a high-level summary of the not-to-exceed amounts for both projects as proposed in Amendment 3: Southeast Denton Neighborhood Phase 1 Design and 2019 Street Reconstruction Bond Program Management. Additional details regarding each task can be found in Amendment 3. Southeast Denton Neighborhood Phase 1 Design Task Total 22 Roadway Segment Design Development $259,934 Survey $41,400 Geotechnical Testing $33,599 Environmental Testing $1,587 Bid and Construction Phase Support Services $72,935 Total Southeast Denton Phase 1 Design $409,455 2019 Street Reconstruction Bond Program Management Task Total Project and Quality Management $78,869 Program Management Support $558,430 Design Management and Oversight $170,544 General Engineering Consulting $39,956 Total 2019 Street Reconstruction Bond Program Management $847,799 Original Contract 6590-042 Amount (Not-to-Exceed) $1,200,000 Combined Amendment 3 Total (Not-to-Exceed) $1,257,254 Total Revised Contract Amount (Not-to-Exceed) $2,457,254 PRIOR ACTION/REVIEW (Council, Boards, Commissions) On October 16, 2018, City Council approved a contract with Freese and Nichols Inc., in the not-to-exceed amount of $1,200,000 (Ordinance 18-1663). On May 14, 2020, Purchasing approved Amendment 1 with Freese and Nichols, Inc., representing a 10% rate reduction to help with COVID-19 relief. On February 3, 2021, Purchasing approved Amendment 2 with Freese and Nichols, Inc., for an updated Schedule of Charges to the original contract. On June 14, 2021, the Public Utilities Board (PUB) recommended this item to the City Council for consideration. RECOMMENDATION Award Amendment 3 with Freese and Nichols, Inc., for engineering services for the Southeast Denton Neighborhood Street Reconstruction Project and program management services for the completion of the 2019 Street Reconstruction Bond, in the not-to-exceed amount of $1,257,254, for a total amended contract amount of $2,457,254. PRINCIPAL PLACE OF BUSINESS Freese and Nichols, Inc. Fort Worth, TX ESTIMATED SCHEDULE OF PROJECT This project will be started upon approval with a completion date by Q4 2021 for advertisement, and construction is anticipated to begin in Q2 of 2022. FISCAL INFORMATION These services will be funded from General Obligation Bonds. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Original Contract and Ordinance Exhibit 3: Amendment 1 Exhibit 4: Amendment 2 Exhibit 5: Southeast Denton Street Segments Exhibit 6: Ordinance and Amendment 3 Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning Southeast Denton Neighborhood Design, contact: Seth Garcia, 940-349-8938. For information concerning 2019 Bond Program Management, contact: Rachel Wood, 940-349-7718. Legal point of contact: Marcella Lunn, 940-349-8333.