NS Water Main Design Amendment 4 - Executed
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
DocuSign Envelope ID: 3FA930BB-4FAF-499B-A9FE-188A8B0C073C
Jamie Cogdell
NS Water Main Design Amendment 4
Not Applicable
PSA 4978
N/A
April 23, 2019
19-840
Contract 4978 – Amendment #4 Page 1 of 2
FOURTH AMENDMENT TO CONTRACT
BY AND BETWEEN THE CITY OF DENTON, TEXAS
AND FREESE AND NICHOLS, INC.
FILE 4978
THE STATE OF TEXAS §
COUNTY OF DENTON §
THIS FOURTH AMENDMENT TO CONTRACT 4978 (“Amendment”) by and
between the City of Denton, Texas (“City”) and Freese and Nichols, Inc. (“Consultant”);
to that certain contract executed on July 17, 2012, in the original not-to-exceed amount of
$435,701 (the “Original Agreement”); amended on October 6, 2014, in the additional
amount of $26,654 aggregating a not-to-exceed amount of $462,355 (the “First
Amendment”); amended on July 10, 2017, in the additional amount of $53,800 aggregating
a not-to-exceed amount of $516,155 (the “Second Amendment”); amended on October 16,
2018 in the additional amount of $140,113.60 aggregating a not-to-exceed amount of
$656,268.60 (the “Third Amendment”); (collectively, the Original Agreement, the First
Amendment, the Second Amendment, and the Third Amendment, are the “Agreement”)
for services related to the design of North-South Water Main Phases II and III Project.
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 $396,303 with this Fourth Amendment for an aggregate not-to-
exceed of $1,052,571.60.
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 Fourth Amendment,
which amends the following terms and conditions of the said Agreement, to wit:
1. The additional services described in Attachment “A” of this Fourth Amendment,
attached hereto and incorporated herein for all purposes, for professional services
related to the North-South Water Main Phases II and III project 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 Attachment “B” and “C” to this Fourth
Amendment, attached hereto and incorporated herein for all purposes, a total fee,
including reimbursement for non-labor expenses an amount not to exceed
$396,303.
DocuSign Envelope ID: 3FA930BB-4FAF-499B-A9FE-188A8B0C073C
Contract 4978 – Amendment #4 Page 2 of 2
2. This Amendment modifies the Agreement amount to provide an additional
$396,303 for the additional services with a revised aggregate not to exceed total of
$1,052,571.60.
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 _________________________.
“CITY”
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By: __________________________________
TODD HILEMAN, CITY MANAGER
ATTEST:
ROSA RIOS, CITY SECRETARY
By: __________________________________
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
By: ___________________________________
“CONSULTANT”
FREESE AND NICHOLS, INC.
By: _________________________________
AUTHORIZED SIGNATURE, 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: 3FA930BB-4FAF-499B-A9FE-188A8B0C073C
Vice President
Todd Estes
Capital Projects
City Engineer
4/23/2019
ATTACHMENT A
20-INCH WATER LINE RELOCATION DESIGN SERVICES
SCOPE OF SERVICES
Freese and Nichols (FNI) will render the following services in connection with the design phase of the
Project:
1. Design
a. Relocation Design of approximately 650 linear feet of 20-inch water line at the
intersection of Bonnie Brae St and Scripture St.
b. Relocation Design of approximately 150 linear feet of 16-inch and reconnection to the
existing 10-inch water lines west of the Bonnie Brae intersection.
c. Relocation Design of approximately 250 linear feet of 12-inch water line east of the
Bonnie Brae intersection.
d. FNI will use the survey and roundabout road design information performed by Graham &
Associates (G&A) to complete the water line design. The design will incorporate G&A's
available proposed roadway, storm drain and sanitary sewer improvements. The City will
need to provide the latest design and survey files from G&A. Should additional survey be
needed, it will be considered an additional service.
2. FNI will attend 3 meetings for to discuss design review and construction sequencing.
3. General construction representation services associated with the additional water lines within the
contract amendment.
Deliverables: Prepare 60%, 95%, and 100% plans to be contract changed into North-South Phase II water
line construction contract.
COMPENSATION
The current contract amount shall be increased by a lump sum amount of $10,599.00.
Attachment C has the fee spreadsheet for your review.
Attachment A DocuSign Envelope ID: 3FA930BB-4FAF-499B-A9FE-188A8B0C073C
ATTACHMENT B
RESIDENT PROJECT REPRESENTATIVE SERVICES
SCOPE OF SERVICES
Freese and Nichols (FNI) will render the following services in connection with the construction phase of
the Project:
A. CONSTRUCTION PHASE: FNI will proceed with the performance of construction phase services as
described below. FNI will endeavor to protect Owner in providing these services however, it is
understood that FNI does not guarantee the Contractor's performance, nor is FNI responsible for
supervision of the Contractor's operation and employees. FNI shall not be responsible for the
means, methods, techniques, sequences or procedures of construction selected by the Contractor,
or any safety precautions and programs relating in any way to the condition of the premises, the
work of the Contractor or any Subcontractor. FNI shall not be responsible for the acts or omissions
of any person (except its own employees or agents) at the Project site or otherwise performing
any of the work of the Project.
1. Furnishing the services of a Resident Project Representative to act as Owner's on-site
representative during the Construction Phase. The Resident Project Representative will act
as directed by the Engineer of Record in order to provide more extensive representation at
the Project site during the Construction Phase. Through more extensive on-site observations
of the work in progress and field checks of materials and equipment by the Resident Project
Representative and assistants, FNI shall endeavor to provide further protection for Owner
against defects and deficiencies in the work. Furnishing the services of a Resident Project
Representative is subject to the provisions of Attachment RPR.
If Owner provides personnel to support the activities of the Resident Project Representative
who is not FNI or FNI's agent or employee, the duties, responsibilities and limitations of
authority of such personnel will be set forth in an Attachment attached to and made a part of
this Agreement before the services of such personnel are begun. It is understood and agreed
that such personnel will work under the direction of and be responsible to the Resident
Project Representative. Owner agrees that whenever FNI informs him in writing that any such
personnel provided by the Owner are, in his opinion, incompetent, unfaithful or disorderly,
such personnel shall be replaced.
2. Provide visual and magnetic particle inspections on pipe welds. Inspection services will be
provided by a Certified Welding Inspector. CWI will be on-site more often at the first of the
project to verify and inspect contractor prove-out and beginning of pipe welding operations
and will reduce the trips per week, as directed by FNI or the Owner, after prove-out is
completed.
TIME OF COMPLETION
FNI is authorized to commence work on the Project upon execution of this Agreement and agrees to
complete the services in accordance with the following schedule:
Attachment BDocuSign Envelope ID: 3FA930BB-4FAF-499B-A9FE-188A8B0C073C
Phase II Construction (12-month construction duration assumed): Upon the Contractor's Notice
to Proceed, FNI will begin services at 20 hours per week for the first two months of construction.
During months 3-10, FNI services will be provided at 40 hours per week. During months 11-12,
FNI services will be provided at 20 hours per week.
Phase Ill Construction (9-month construction duration assumed): Upon the Contractor's Notice
to Proceed, FNI will begin services at 20 hours per week for the first two months of construction.
During months 3-7, FNI services will be provided at 40 hours per week. During months 8-9, FNI
services will be provided at 20 hours per week.
The intent with this schedule of services is that Phase II and Phase Ill construction will have some
overlap. Two months of overlap is assumed in this proposed schedule of services. In the event
that Phase II and Phase Ill overlap by more than two months, FNI services between the two phases
will be split (20 hours per day for Phase II and 20 hours per day for Phase Ill). In the event that
these phases do not overlap, FNI will provide the services as described above.
If FNI's services are delayed through no fault of FNI, FNI shall be entitled to equitable adjustment of rates
and amounts of compensation and FNI shall be entitled to adjust contract schedule consistent with the
number of days of delay.
COMPENSATION
FNI proposes to furnish our Resident Project Representative services as described herein at a bill rate of
$127.91 per hour.
The total fee for Resident Project Representative services and CWI services for Phase II shall be a not-to-
exceed fee of Two Hundred Thirty-Three Thousand and Sixty-Eight Dollars ($233,068)
RPR Inspection = $197,068
RPR Expenses = $ 14,000
CWIInspection = $22,000
The total fee for Resident Project Representative services and CWI services for Phase Ill shall be a not-to-
exceed fee of One Hundred Fifty-Two Thousand Six Hundred Thirty-Six Dollars ($152,636).
RPR Inspection= $135,445
RPR Expenses = $ 8,501
CWI Inspection = $8,690
Total proposed amended amount for Phase II and Phase Ill Resident Project Representative services and
CWI services is Three Hundred Eighty-Five Thousand Seven Hundred Four Dollars ($385,704).
RPR Inspection = $332,513
RPR Expenses = $ 22,501
CWI Inspection = $30,690
ATIACHMENT RPR
DocuSign Envelope ID: 3FA930BB-4FAF-499B-A9FE-188A8B0C073C
RESIDENT PROJECT REPRESENTATION
A. The Engineer will have a Resident Project Representative on the Site. The duties,
responsibilities and the limitations of authority of the Resident Project Representative, and
designated assistants, are as follows:
1. Resident Project Representative is Engineer's agent at the site will act as directed by
and under the supervision of Engineer and will confer with Engineer regarding
Resident Project Representative's actions. Resident Project Representative's dealings
in matters pertaining to the on-site Work shall in general be with Engineer and
Contractor, keeping Owner advised as necessary. Resident Project Representative's
dealings with Subcontractors shall only be through or with full knowledge and
approval of Contractor. Resident Project Representative shall generally communicate
with Owner with the knowledge of and under the direction of Engineer.
B. Duties and Responsibilities of Resident Project Representative:
1. Conferences and Meetings: Attend meetings with Contractor, such as
preconstruction conferences, progress meetings, and job conferences and other
project-related meetings.
2. Liaison:
a. Serve as Engineer's liaison with Contractor, working principally through
Contractor's superintendent and assist in understanding the intent of Contract
Documents; and assist Engineer in serving as Owner's liaison with Contractor
when Contractor's operations affect Owner's on-site operations.
3. Assist in obtaining from Owner additional details or information, when required for
proper execution of the Work.
4. Shop Drawings and Samples:
a. Advise Engineer and Contractor of the commencement of any Work requiring a
Shop Drawing or Sample ifthe submittal has not been approved by Engineer.
5. Review of Work, Rejection of Defective Work, Inspections and Tests:
a. Conduct on-site observations of the Work in progress to determine if the Work
is in general proceeding in accordance with the Contract Documents.
b. Report to Engineer whenever Resident Project Representative believes that any
Work will not produce a completed Project that conforms generally to the
Contract Documents or will prejudice the integrity of the design concept of the
completed Project as a functioning whole as indicated in the Contract
Documents, or has been damaged, or does not meet the requirements of any
inspection, test or approval required to be made; and advise Engineer of Work
the Resident Project Representative believes should be corrected or rejected or
should be uncovered for observation, or requires special testing, inspection or
approval.
c. Verify that tests, equipment and systems start-up are conducted in the presence
of appropriate personnel, and the Contractor maintains adequate records
thereof; and observe record and report to Engineer appropriate details relative
to the test procedures and start-ups.
DocuSign Envelope ID: 3FA930BB-4FAF-499B-A9FE-188A8B0C073C
d. Accompany visiting inspectors representing public or other agencies having
jurisdiction over the Project, record the results of these inspections and report
to Engineer.
6. Interpretation of Contract Documents: Report to Engineer when clarifications and
interpretations of the Contract Documents are needed.
7. Reports:
a. Furnish to Engineer daily construction reports of progress of the work and of
Contractor's compliance with the progress schedule.
b. Consult with Engineer in advance of scheduled major tests, inspections or start
of important phases of the Work.
c. Report immediately to Engineer and Owner the occurrence of any accident.
8. Payment Requests: Review Applications for Payment with Contractor for to establish
agreement of the quantities installed to date and the quantities of materials-on-hand.
9. Completion:
a. Before Engineer issues a Certificate of Substantial Completion, submit to
Contractor a list of observed items requiring completion or correction.
b. Observe whether Contractor has performed inspections required by laws or
regulations, ordinances, codes or order applicable to the Work, including but not
limited to those to be performed by public agencies having jurisdiction over the
Work.
c. Conduct a final inspection in the company of Engineer, Owner and Contractor
and prepare a final list of items to be completed or corrected.
d. Observe whether all items on final list have been completed or corrected and
make recommendations to Engineer concerning acceptance.
C. Limitations of Authority of Resident Project Representative:
1. Shall not authorize any deviation from the Contract Documents or substitution of
materials or equipment (including "or-equal" items), unless authorized by Engineer.
2. Shall not exceed limitations of Engineer's authority as set forth in Agreement or the
Contract Documents.
3. Shall not undertake any of the responsibilities of Contractor, Subcontractor, Suppliers,
or Contractor's superintendent.
4. Shall not advise on, issue directions relative to or assume control over any aspect of
the means, methods, techniques, sequences or procedures of construction unless
such advice or directions are specifically required by the Contract Documents.
5. Shall not advise on, issue directions regarding or assume control over safety
precautions and programs in connection with the Work or any activities or operations
of Owner or Contractor.
6. Shall not accept shop drawing or sample submittals from anyone other than the
Contractor.
7. Shall not participate in specialized field or laboratory tests or inspections conducted
by others, except as specifically authorized by Engineer.
DocuSign Envelope ID: 3FA930BB-4FAF-499B-A9FE-188A8B0C073C
"'' and Nichols. Inc. I ''-L ...... VI II I 1'-"1 1\. ""'• &.o.V I IVI'-'""'""""I.IWI I '-'""I Y IV'V'-'
City of Denton tct Fee Sum
N-S Water Main Phases II & Ill -20" Relocation· I 10,599
3/1/2019 I -
-' -Detailed Cost Breakdown -" -" I 10,599
---------
Basic Services
Employee Aaron Redder Robert Martin Daniel Huffines Jane Jenks Total Hours Total Effort
Phase Task Project Role -·--- -"
! -$ -
I Design Relocation for the 20" Water line, and 12" 15 30 45 $ 6,406 Water line.
i Meetings (3) 8 8 $ 11317
I ReviewQC 4 4 $ 749 I ' - -I I Prepare package for Contract Change into Phase 2 2 2 $ 329
I
! General Rep for 20" Installation. 8 4 12 $ 1,798
I $ -
I I $ -
I $ -- --·--
! $ -
Total Basic Services Hours 33 30 4 4 71 $ 10,599
1 of 2
Attachment CDocuSign Envelope ID: 3FA930BB-4FAF-499B-A9FE-188A8B0C073C
traasa ana NICnots, Inc. nrn ;:,~rvu,;~s
City of Denton Project Fee Summary
North-South Phase II 38142 Water TranMifsslon Main RPR Services and Phase Ill Basic Services I 385.704
16-Jan-19 Special Services
DtQ!Ied Cost Brukdown Total ProJect I 385.704
Basic Services
Employee Roddy Cubertsan Labor Effort by Year Total labor Total Total Sub Total Hours Effort Expense Effort Total Effort
Phase Task Project Role RPR Year 1 Year2 Year3 Year4 YearS Effort
Phase II RPR Se<vicos Months 1-2 (20 hours per week) 173 173 21.813 -- -$ 21,813 $ 4.435 $ 22.000 $ 48,249 roosa II RPR Services Months 3-10 (40 hours per week) 1,213 1.213 152,694 --- -$ 152,694 $ 7.439 $ 8,690 $ 168,822
roose II RPR Se<voces Months 11'12 (20 hours per week) 173 173 22,561 $ 22,561 $ 2.125 $ $ 24.687
Phase Ill RPR Se<vlces Months 1-2 (20 hours per week) 173 173 -22,561 $ 22,561 $ 2.125 ~ -$ 24.687
Phase Ill RPR 5e<vices Months 3-7 (40 hours per week) 693 693 90,307 -$ 90,307 I~ 4,251 $ -$ 94,558
Phase Ill RPR Se<vlces Months 8-9 20 hours per week 173 173 22,577 -$ 22,577 $ 2.125 $ -$ 24.702
Total Basic Services Hours 2.600 . . . . 2,600 174,507 158,007 . . $ 332,513 $ 22,501 $ 30,690 $ 385,704
Phase Task Expenses Tach Charge Miles Meals Hotel Phone Total Exp
Effort
Phase II RPR Services Months 1-2 (20 hours per week) 3,900 21 $ 4,435
Phase II RPR Services Months 3-10 (40 hours per week) 13,649 $ 7,439 -
Phase II RPR Services Months 11-12 (20 hours per week) 3,900 $ 2,125
hase Ill RPR Services Months 1-2 (20 hours per week) 3,900 IS 2.125
hase Ill RPR Services Months 3-7 (40 hours per week) 7,799 I~ 4,251
hase Ill RPR Services Months 8-9 20 hours per week 3,900 s 2.125
Total Basic Services Items . 37,047 . 21
1 otat ttaslc ::;erv ces t:xpenses t:non ' . ~ 20,191 ' I' . I' 2,310 $ 22,501
Steel Total Sub Phase Task Subconsullants Inspectors of (Name2] (Name3] (Name4] Effort Texas
hase II RPR Services Months 1·2 (20 hours per week) 20,000 $ 22.000
Phase II RPR Services Monlhs 3-10 (40 hours per week) 7,900 $ 8,690
Total Basic Services Subconsultants Cost $ 27,900 $ . $ . $ . $ .
Total Basic Services Subconsultants Effort ~ :1_0,690 IS . s . Is . IS . $ 30,690
2 of 2
RPR ServicesDocuSign Envelope ID: 3FA930BB-4FAF-499B-A9FE-188A8B0C073C
Certificate Of Completion
Envelope Id: 3FA930BB4FAF499BA9FE188A8B0C073C Status: Completed
Subject: Please DocuSign: City Council Contract 4978 Amendment 4
Source Envelope:
Document Pages: 10 Signatures: 5 Envelope Originator:
Certificate Pages: 6 Initials: 1 Jamie Cogdell
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
Jamie.Cogdell@cityofdenton.com
IP Address: 129.120.6.150
Record Tracking
Status: Original
4/1/2019 10:19:45 AM
Holder: Jamie Cogdell
Jamie.Cogdell@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Jamie Cogdell
jamie.cogdell@cityofdenton.com
Senior Buyer
City Of Denton
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Completed
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Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
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Mack Reinwand
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City of Denton
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Scott Maughn
sac@freese.com
Vice President
Freese and Nichols, Inc.
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ID: 627c9567-b6ca-40fa-8128-d3001bd40c6a
Signer Events Signature Timestamp
Todd Estes
todd.estes@cityofdenton.com
City Engineer
Capital Projects
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Tabitha Millsop
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City of Denton
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Todd Hileman
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City Manager
City of Denton
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Rosa Rios
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Tabitha Millsop
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City of Denton
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Sherri Thurman
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City of Denton
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Jane Richardson
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Assistant City Secretary
City of Denton
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Jane Richardson
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Assistant City Secretary
City of Denton
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City of Denton
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notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Scott Maughn, Todd Estes, Todd Hileman, Rosa Rios
How to contact City of Denton:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: purchasing@cityofdenton.com
To advise City of Denton of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com
and in the body of such request you must state: your previous e-mail address, your new e-mail
address. We do not require any other information from you to change your email address..
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in DocuSign.
To request paper copies from City of Denton
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an e-mail to purchasing@cityofdenton.com and in
the body of such request you must state your e-mail address, full name, US Postal address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Denton
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent
page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you
must state your e-mail, full name, IS Postal Address, telephone number, and account
number. We do not need any other information from you to withdraw consent.. The
consequences of your withdrawing consent for online documents will be that transactions
may take a longer time to process..
Required hardware and software
Operating Systems: Windows2000? or WindowsXP?
Browsers (for SENDERS): Internet Explorer 6.0? or above
Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0,
NetScape 7.2 (or above)
Email: Access to a valid email account
Screen Resolution: 800 x 600 minimum
Enabled Security Settings:
•Allow per session cookies
•Users accessing the internet behind a Proxy
Server must enable HTTP 1.1 settings via
proxy connection
** These minimum requirements are subject to change. If these requirements change, we will
provide you with an email message at the email address we have on file for you at that time
providing you with the revised hardware and software requirements, at which time you will
have the right to withdraw your consent.
Acknowledging your access and consent to receive materials electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please verify that you
were able to read this electronic disclosure and that you also were able to print on paper or
electronically save this page for your future reference and access or that you were able to
e-mail this disclosure and consent to an address where you will be able to print on paper or
save it for your future reference and access. Further, if you consent to receiving notices and
disclosures exclusively in electronic format on the terms and conditions described above,
please let us know by clicking the 'I agree' button below.
By checking the 'I Agree' box, I confirm that:
• I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF
ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
• I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
• Until or unless I notify City of Denton as described above, I consent to receive from
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to me by City of Denton during the course of my relationship with you.