6305 - Amendment 5 Executed
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File Name
Purchasing Contact
City Council Target Date
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Ordinance
DocuSign Envelope ID: 4032AF5C-B624-43E5-AC00-FDD6CA20B035
6305PSA
LLWTP IMPROVEMENTS PHASE II--AMENDMENT 5
Crystal Westbrook
Not Applicable
JUNE 22, 2021
N/A
21-1193
6305 PSA – Amendment #5 Page 1 of 2
FIFTH AMENDMENT TO CONTRACT
BY AND BETWEEN THE CITY OF DENTON, TEXAS
AND FREESE AND NICHOLS, INC.
PSA 6305 LAKE LEWISVILLE WATER TREATMENT PLANT
IMPROVEMENTS PHASE II
THE STATE OF TEXAS §
COUNTY OF DENTON §
THIS FIFTH AMENDMENT TO CONTRACT 6305 (“Amendment”) by and
between the City of Denton, Texas (“City”) and Freese and Nichols, Inc. (“Consultant”);
to that certain contract executed on December 5, 2017, in the original not-to-exceed amount
of $1,529,180 (the “Original Agreement”); amended on August 8, 2018 in the additional
amount of $21,965 aggregating a not-to-exceed amount of $1,551,145 (the “First
Amendment”); amended on January 3, 2019 in the additional amount of $18,405
aggregating a not-to-exceed amount of $1,569,550 (the “Second Amendment”); amended
on December 3, 2019 in the additional amount of $419,980 aggregating a not-to-exceed
amount of $1,989,530 (the “Third Amendment”); amended on May 14, 2020 to provide for
10% invoice reductions aggregating a not-to-exceed amount of $1,989,530 (the “Fourth
Amendment”) (collectively, the Original Agreement, the First Amendment, the Second
Amendment, the Third Amendment, and the Fourth Amendment are the “Agreement”) for
services related to Lake Lewisville Water Treatment Plant Improvements Phase II;
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 $229,777 with this Amendment for an aggregate not-to-exceed of
$2,219,307.
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 Lake Lewisville Water Treatment Plant Improvements Phase II, are hereby
authorized to be performed by Consultant. For and in consideration of the
additional services to be performed by Consultant, the Owner agrees to pay, based
on the cost estimate detail attached as Exhibit “A” to this Amendment, attached
DocuSign Envelope ID: 4032AF5C-B624-43E5-AC00-FDD6CA20B035
6305 PSA – Amendment #5 Page 2 of 2
hereto and incorporated herein for all purposes, a total fee, including reimbursement
for non-labor expenses an amount not to exceed $229,777.
2. This Amendment modifies the Agreement amount to provide an additional
$229,777 for the additional services with a revised aggregate not to exceed total of
$2,219,307.
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 _________________________.
“CONSULTANT”
FREESE AND NICHOLS, INC.
By:
_________________________________
AUTHORIZED SIGNATURE, TITLE
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
By:
_________________________________
“CITY”
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By:
_______________________________
SARA HENSLEY, INTERIM CITY
MANAGER
ATTEST:
ROSA RIOS, CITY SECRETARY
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: 4032AF5C-B624-43E5-AC00-FDD6CA20B035
Vice President
Water and Wastewater
Stephen D. Gay
Director, Water and Wastewater
06/22/2021
101 S. Locust Street, Suite 202 + Denton, Texas 76201 + 940-220-4340 + FAX 817-735-7491
1
MEMORANDUM
www.freese.com
The general contractor’s notice to proceed (NTP) was issued on December 5, 2019, and set the NTP date to be
January 20, 2021, based on 380 calendar days of construction. Construction support services and submittal
reviews started in December 2019.
As of the date of this memorandum, three change orders have been executed with the following time
modifications:
• Change Order No. 1 14 days
• Change Order No. 2 145 days
• Change Order No. 3 69 days
With these time extensions, the project completion date is scheduled to be September 5, 2021.
The professional services agreement amendment provided with this memorandum requests additional
compensation for the following significant items:
Task A. Project Management to support the project extension from April 2021 through September
2021 (six months)
Task B. Design and construction support services associated with the Lake Lewisville WTP Sky-Trak
slab
Task C. Design and construction support services related to the addition of vaults to the 30-inch and
36-inch offsite gate valves
Task D. Design and construction support services associated with the Hickory Creek Fire Department
comments regarding the Lake Lewisville Raw Water Pump Station site
Task E. General construction phase services for monthly construction meetings, site visits, and office
support for the project extension
Task F. Part-time resident project representation associated with the Lake Lewisville WTP
Improvements Phase II project
Task G. Part-time resident project representation related to the Lake Lewisville WTP Dewatering
Improvements project
TO: Pritam Deshmukh, P.E.
Chris Campbell
FROM: James Naylor, P.E., BCEE
David Jackson, P.E., BCEE
SUBJECT: Professional Services Agreement Amendment No. 5
PROJECT: Lake Lewisville Water Treatment Plant
Improvements Phase II
DATE: March 23, 2021
CC: Scott Cole, P.E.
EXHIBIT ADocuSign Envelope ID: 4032AF5C-B624-43E5-AC00-FDD6CA20B035
Lake Lewisville Water Treatment Plant Improvements Phase II
Professional Services Agreement Amendment No. 5
March 23, 2021
Page 2 of 3
2
An explanation of each of the tasks is provided below:
Task A. Project Management to support the project extension from April 2021 through September
2021 (six months)
Task B. Design and construction support services associated with the Lake Lewisville WTP Sky-Trak
slab
▪ A cast-in-place concrete slab was designed to support the City’s efforts to install a
pre-engineered metal awning. The objective of this slab and shelter is to provide
cover for a City-owned Sky-Trak.
▪ This task is associated with the preparation of information and coordination with the
City and contractor.
Task C. Design and construction support services associated with the addition of vaults to the 30-inch
and 36-inch offsite gate valves
▪ Upon completion of the 30-inch and 36-inch offsite gate valves installation, the City
opted to include pre-cast concrete vaults for each of the valves.
▪ This task is associated with the preparation of information and coordination with the
City and contractor.
Task D. Design and construction support services associated with new comments from the Hickory
Creek Fire Department regarding the Lake Lewisville Raw Water Pump Station site
▪ Based on the Hickory Creek Fire Department’s input, improvements to the existing
Lake Lewisville Raw Water Pump Station roadway will include an acceptable
turnaround arrangement for a fire apparatus.
▪ Also, the chemical building overhead coiling doors will need to be automatically
closed by the fire detection/suppression system control panel. Signage will be
required on the doors of the chemical building.
▪ This task is associated with the preparation of information and coordination with the
City and contractor.
Task E. General construction phase services for additional monthly construction meetings, site visits,
and office support for the project extension
▪ This task is associated with the general construction activities (construction progress
videoconferences, site visits, and documentation handling).
Task F. Part-time resident project representation associated with the Lake Lewisville WTP
Improvements Phase II project
▪ This task provides for additional resident project representation services associated
with the project duration extension.
▪ These services are based on 24 hours each week for the extension through
September.
Task G. Part-time resident project representation associated with the Lake Lewisville WTP Dewatering
project
DocuSign Envelope ID: 4032AF5C-B624-43E5-AC00-FDD6CA20B035
Lake Lewisville Water Treatment Plant Improvements Phase II
Professional Services Agreement Amendment No. 5
March 23, 2021
Page 3 of 3
3
▪ This task provides for additional resident project representation services associated
with the project duration extension.
▪ These services are based on 16 hours each week for the extension through May.
Task Fee Compensation Type
A. Project Management $7,188 Lump Sum
B. Lake Lewisville WTP Sky-Trak Support $7,845 Lump Sum
C. 30-inch and 36-inch Offsite Gate Valve Support $10,956 Lump Sum
D. Lake Lewisville Raw Water Pump Station Hickory Creek
Fire Department Items $18,503 Lump Sum
E. General Construction Phase Services Extension $53,625 Lump Sum
F. Part-Time Resident Project Representation (Lake
Lewisville WTP Improvements Phase II) $107,719 Cost Plus Multiplier
(Time and Material)
G. Part-Time Resident Project Representation (Lake
Lewisville WTP Dewatering Improvements) $23,938 Cost Plus Multiplier
(Time and Material)
Amendment No. 5 Total $229,777
DocuSign Envelope ID: 4032AF5C-B624-43E5-AC00-FDD6CA20B035
Certificate Of Completion
Envelope Id: 4032AF5CB62443E5AC00FDD6CA20B035 Status: Completed
Subject: Please DocuSign: City Council Contract 6305--Amendment 5
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: 198.49.140.104
Record Tracking
Status: Original
5/12/2021 3:04:53 PM
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: 5/12/2021 3:29:03 PM
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Signed: 5/12/2021 3:30:18 PM
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Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
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Marcella Lunn
marcella.lunn@cityofdenton.com
Deputy City Attorney
City of Denton
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Thomas Haster
th@freese.com
Vice President
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Stephen D. Gay
stephen.gay@cityofdenton.com
Director, Water and Wastewater
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Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
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Completed
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Sent: 5/18/2021 10:56:10 AM
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Sara Hensley
sara.hensley@cityofdenton.com
Interim City Manager
City of Denton
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Using IP Address: 198.49.140.10
Sent: 6/23/2021 8:26:59 AM
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Rosa Rios
rosa.rios@cityofdenton.com
City Secretary
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Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
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Gretna Jones
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Legal Secretary
City of Denton
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Chris Campbell
chris.campbell@cityofdenton.com
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Annie Bunger
annie.bunger@cityofdenton.com
Contract Control Specialist
City of Denton
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Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Thomas Haster, Stephen D. Gay, Rosa Rios, Chris Campbell
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