Exhibit 1 - Agenda Information Sheet - Amendment 5City of Denton
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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 fifth amendment to a Professional Services Agreement between the City of
Denton and Freese and Nichols, Inc., amending the contract approved by City Council on December 5,
2017, in the not-to-exceed amount of $1,529,180.00; amended by Amendments 1, 2, 3, and 4 approved by
City Council and Purchasing; said fifth amendment to provide additional professional and construction
services for the Lake Lewisville Water Treatment Plant Phase II project; providing for the expenditure of
funds therefor; and providing an effective date (File 6305 – providing for an additional fifth amendment
expenditure amount not-to-exceed $229,777.00, with the total contract amount not-to-exceed
$2,219,307.00). The Public Utilities Board recommends approval (5 - 0).
INFORMATION/BACKGROUND
The City Council authorized the contract with Freese and Nichols, Inc. on December 5, 2017, in the original
not-to-exceed amount of $1,529,180 for the final design, bid phase, and construction phase services for the
Lake Lewisville Water Treatment Plant Phase II Rehabilitation project. The original agreement included
the design of the new water treatment plant high service pump station, WTP (water treatment plant) filter,
chemical feed modifications, and many other facility modifications. The contract was subsequently
amended (first amendment) to include an additional scope of work for the surveying, geotechnical,
structural, and civil engineering design services that pertain to the installation of separate buildings for the
high service pumps stations, electrical switchgear, and additional site boundaries to accommodate the new
Administration building. The contract was amended to include the additional scope on August 8, 2018, in
the amount of $21,965 aggregating the not-to-exceed amount to $1,551,145.
The contract was then amended (second amendment) on January 3, 2019, in the not-to-exceed amount of
$18,405, for a total not-to-exceed contract amount of $1,569,550, for additional design efforts for the high
service pump station clearwell, additional dripmaster systems, and sump pump systems for the Lake
Lewisville Raw Water Pump station discharge vaults. The contract was further amended (third amendment)
on December 3, 2019, in the not-to-exceed amount of $419,980, for a total contract not-to-exceed amount
of $1,989,530 for RPR (Resident Project Representative) services that were not originally included in the
overall contract. The contract was amended for the fourth time on May 14, 2020, amending the contract to
provide 10% invoice reductions due to reduced labor rates that became effective in April 2020. This
amendment did not change the overall not-to-exceed amount of $1,989,530.
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
Furthermore, due to the extensive nature of this project and the time associated with the additional change
orders and setbacks, the staff is requesting an additional 6 months of professional services with Freese and
Nichols, Inc. This will include several construction support services, design support, project management
support, and resident project representation (RPR/Inspector) services through September 5, 2021, in the
not-to-exceed amount of $229,777, bringing the overall not-to-exceed contract amount to $2,219,307.
These additional services will be provided by Freese & Nichols, Inc. and the work will be completed over
the next 6 months. This is the last design amendment staff anticipates for this project.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On December 5, 2017, City Council approved a contract with Freese and Nichols, Inc., in the not-to-exceed
amount of $1,529,180 (Ordinance 2017-378).
On August 8, 2018, Purchasing approved Amendment No. 1 with Freese and Nichols, Inc., in the not-to-
exceed amount of $21,965.
On January 3, 2019, Purchasing approved Amendment No. 2 with Freese and Nichols, Inc., in the not-to-
exceed amount of $18,405.
On December 3, 2019, City Council approved Amendment No. 3 with Freese and Nichols, Inc., in the not-
to-exceed amount of $419,980 (Ordinance 19-2774).
On May 14, 2020, Purchasing approved Amendment No. 4 with Freese and Nichols, Inc., amending the
contract to provide a 10% invoice reduction due to reduced labor rates.
On June 14, 2021, the Public Utilities Board (PUB) recommended this item to the City Council for
consideration.
RECOMMENDATION
Award Amendment No. 5 to the contract with Freese and Nichols, Inc., additional professional and
construction services for the Lake Lewisville Water Treatment Plant Phase II project, in the not-to-exceed
amount of $229,777, for a total amended contract amount of $2,219,307.
PRINCIPAL PLACE OF BUSINESS
Freese and Nichols, Inc.
Denton, TX
ESTIMATED SCHEDULE OF PROJECT
This project will be started upon approval with a completion date within six (6) months.
FISCAL INFORMATION
These services will be funded from Water Project Funds.
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Original Ordinance and Contract
Exhibit 3: Amendment 1
Exhibit 4: Amendment 2
Exhibit 5: Ordinance and Amendment 3
Exhibit 6: Amendment 4
Exhibit 7: Ordinance and Amendment 5
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Pritam Deshmukh, 940-349-7710, and Chris
Campbell, 940-349-7181.
Legal point of contact: Marcella Lunn at 940-349-8333.