Exhibit 1 - Agenda Information Sheet - Amendment 6City 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 sixth amendment to a Professional Services Agreement between the City of
Denton and Freese and Nichols, Inc., amending the contract approved by City Council on July 17, 2012, in
the not-to-exceed amount of $435,701.00, amended by Amendments 1-5 approved by the City Manager,
City Council, and Purchasing, said sixth amendment to provide engineering and inspection related services
for the North-South Phase II and III 36-Inch/42-Inch Water Transmission Line Project for the Capital
Projects and Water Utilities Department; providing for the expenditure of funds therefor; and providing an
effective date (File 4978 – providing for an additional sixth amendment expenditure amount not-to-exceed
$619,840.00, with the total contract amount not-to-exceed $1,672,411.60). The Public Utilities Board
recommends approval (5 - 0).
INFORMATION/BACKGROUND
The North-South Water Main Phases II and III project extends a 36-inch and 42-inch water transmission
main from Roselawn to Panhandle, generally along Bonnie Brae, and will be constructed ahead of the
roadway project. City Council approved a contract in the amount of $435,701.00 with Freese and Nichols,
Inc. (FNI) on July 17, 2012, for engineering services associated with the projects. Contract Amendments 1
and 2 were subsequently approved for $26,654 on October 6, 2014, and $53,800 on July 10, 2017, for
additional engineering services. Contract Amendment 3 in the amount of $140,113.60 included additional
design, survey, utility exploration, and construction administration services as well as a cost of living
increase due to the age of the contract at that time (6 years). Contract Amendment 4 in the amount of
$396,303 provided Construction Management and Inspection Services for both Phases II and III, overseeing
the handling and installation of the specialized poly-coated steel pipe, along with a small amount for
additional design services. Contract Amendment 5 provided for a COVID-19 10% reduction on project
invoices.
Phase II from Roselawn to I-35E is installed and currently in service. Phase II construction was delayed
and/or extended due to the pipe manufacturing plant catching fire, a differing soils condition causing the
boring activity to take longer than anticipated, as well as two separate COVID-19 two-week quarantine
requirements greatly slowing production. These delays extended the project completion time from March
2020 to March 2021. Amendment 6 requests Phase II recoup efforts for Basic Services and Resident
Representative/Inspection Services in the amount of $120,895.00.
Phase III from I-35E to Panhandle has been delayed due to issues with the original construction contractor,
S & J Construction. S & J Construction was issued a stop-work order on October 16, 2020, for performance
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
issues. S & J Construction was subsequently terminated in December after not complying with the stop-
work order measures. Since that time, staff has been working with the Surety to acquire a completion
contractor for this project. Amendment 6 provides an additional $498,945 for Special Services and Resident
Representative/Inspection Services through the anticipated completion of the project.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
On July 17, 2012, City Council approved a Professional Service Agreement with Freese and Nichols, Inc.,
in the not-to-exceed amount of $435,701.00 (Ordinance 2012-147).
On October 6, 2014, Purchasing approved Amendment No. 1, for design and geotechnical services, in the
not-to-exceed amount of $26,654.00.
On July 10, 2017, City Manager approved Amendment No. 2, for additional design and bid phase services,
in the not-to-exceed amount of $53,800.00.
On October 16, 2018, City Council approved Amendment No. 3, for additional design services, in the not-
to-exceed amount of $140,113.60 (Ordinance 18-1667).
On April 23, 2019, City Council approved Amendment No. 4, for engineering services relating to North-
South Water Main Phases II and III, in the not-to-exceed amount of $396,303.00 (Ordinance 19-840)
On May 14, 2020, Purchasing approved Amendment No. 5 for COVID-19 Assistance offering 10% invoice
reductions.
On June 14, 2021, the Public Utilities Board (PUB) recommended this item to the City Council for
consideration.
RECOMMENDATION
Award Amendment No. 6 with Freese and Nichols, Inc., to provide engineering and inspection related
services for the North-South Phase II and III 36-Inch/42-Inch Water Transmission Line Project for the
Capital Projects and Water Utilities Department, in the not-to-exceed amount of $619,840.00, for a total
amended contract amount of $1,672,411.60.
PRINCIPAL PLACE OF BUSINESS
Freese and Nichols, Inc.
Fort Worth, TX
ESTIMATED SCHEDULE OF PROJECT
Phase II construction is complete. Anticipate project close-out: August 2021.
Phase III anticipated construction schedule: July 2021- March 2022.
FISCAL INFORMATION
These services will be funded from Water Impact Fee 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
Exhibit 8: Ordinance and Amendment 6
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this project, contact: Robin Davis, 940-349-7713.
Legal point of contact: Marcella Lunn at 940-349-8333.