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Amendment 5 Executed Docusign City Council Transmittal Coversheet File Name Purchasing Contact City Council Target Date Piggy Back Option Contract Expiration Ordinance '$$ "%" "&## "$($%& ! !& #$ 6427 PSA – Amendment #5 Page 1 of 2 FIFTH AMENDMENT TO CONTRACT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND TEAGUE NALL AND PERKINS, INC. PSA 6427 THE STATE OF TEXAS § COUNTY OF DENTON § THIS FIFTH AMENDMENT TO CONTRACT 6427 (“Amendment”) by and between the City of Denton, Texas (“City”) and Teague Nall and Perkins, Inc. (“Consultant”); to that certain contract executed on April 10, 2017, in the original not-to- exceed amount of $93,500 (the “Original Agreement”); amended on July 18, 2017 in the additional amount of $39,800 aggregating a not-to-exceed amount of $133,000 (the “First Amendment”); amended on February 6, 2018 in the additional amount of $40,400 aggregating a not-to-exceed amount of $173,700 (the “Second Amendment”); amended on October 23, 2018 in the additional amount of $6,300 aggregating a not-to-exceed amount of $180,000 (the “Third Amendment”); amended on December 22, 2018 in the additional amount of $45,550 aggregating a not-to-exceed amount of $225,550 (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 the design of the Hickory Creek Road West 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 $67,635 with this Amendment for an aggregate not-to-exceed of $293,185. 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 Hickory Creek Road West 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 Exhibit “A” to this Amendment, attached hereto and incorporated herein for all 6427 PSA – Amendment #5 Page 2 of 2 purposes, a total fee, including reimbursement for non-labor expenses an amount not to exceed $67,635. 2. This Amendment modifies the Agreement amount to provide an additional $67,635 for the additional services with a revised aggregate not to exceed total of $293,185. 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” TEAGUE NALL AND PERKINS, 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: _______________________________ TODD HILEMAN, 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 TNP Firm Registrations Texas Board of Professional Engineers, Firm No. F-230 | Georgia Board of Professional Engineers, Firm No. PEF007431 Texas Board of Professional Land Surveying, Firm No. 10011600 | 10194381 | 1001160 engineers surveyors landscape architects www.tnpinc.com TEXAS FORT WORTH DENTON ALLEN SAN ANTONIO CYPRESS SUGAR LAND GEORGIA BLAIRSVILLE ALBANY AMENDMENT No. 5 TO PROFESSIONAL SERVICES AGREEMENT ADDITIONAL SERVICES Hickory Creek Road West – FM 2181 to Riverpass Drive TNP No. DEN17131 This amendment is to provide additional professional services related to utilities and construction support for the Hickory Creek Road West Reconstruction project. Temporary Construction Easement This task consists of preparation of a new Temporary Construction Easement (TCE) document for the Leatherwood tract on the west end of the project. This TCE needs to be modified due to a change in the design of a driveway. The document will consist of field work to locate property corners and preparation of an Exhibit A (Legal Description) and Exhibit B (easement Sketch) to be signed and sealed by a Texas Registered Professional Land Surveyor. Additional Construction Support This task will consist of more extensive construction support, including a neighborhood meeting to present the project to the community, coordination with the contractor regarding commencement of the work, and additional site visits and other coordination as needed. Like the original task for Construction Support, this additional effort will be performed on an hourly basis, as directed by the City. Additional Utility Coordination The original scope of the Utility Coordination task was to provide information to affected utilities regarding the project and answer questions about the project. This task will now include the following effort: x Attend and lead up to eight (8) utility coordination meetings in an effort to accelerate relocation of existing utilities in conflict with the proposed improvements. x Coordinate with the affected utilities, monitor relocation progress, and represent the City in working to accelerate that progress. x Stake a portion of the curb line, as requested by CoServ Gas, to assist them in identifying conflicts. Level A Test Holes Perform up to six Level A test holes to determine the depth of various utilities as needed. DME has requested that we do test holes to locate the depth of two underground crossings. As-Built Survey As-built surveys will consist of tying all utility surface features, including all valves, fire hydrants, wastewater manholes, storm drain manholes, curb inlets, and outlets. The survey data will be submitted to the City in a digital format compatible with the City of Denton GIS system. This work will generally be accomplished after the construction is complete, and so will reflect only features visible on the ground. Exhibit A Schedule The Temporary Construction Easement will be completed within two weeks of authorization. Utility Coordination will proceed immediately and continue at least until construction begins. Construction support will proceed with construction, and the as-built survey will be completed at the end of the construction. Compensation Compensation will be at hourly rates as shown in Exhibit 7 of the original contract, not to exceed the amounts shown below. Temporary Construction Easement $ 2,435 Additional Construction Support $ 25,000 Additional Utility Coordination $ 25,000 Level A Test Holes (six at $1,950 per hole) $ 11,700 As-Built Survey $ 3,500 Total Amendment No. 5 $ 67,635 Summary of Amended Contract Original Contract Fee Basic Services $ 74,000 Additional Services $ 16,500 Direct Expenses $ 3,000 Total Original Contract $ 93,500 Amendment No. 1 $ 39,800 Amendment No. 2 $ 40,400 Amendment No. 3 $ 6,300 Amendment No. 4 $ 45,550 Amendment No. 5 $ 67,635 Amended Contract Total $ 293,185 City of Denton Teague Nall and Perkins, Inc. Gary L. Vickery, P.E. Oct. 28, 2019 Date Date Exhibit CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. 1 Name of vendor who has a business relationship with local governmental entity. 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information in this section is being disclosed. Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of one percent or more? Yes No D. Describe each employment or business and family relationship with the local government officer named in this section. 4 I have no Conflict of Interest to disclose. 5 Signature of vendor doing business with the governmental entity Date Certificate Of Completion Envelope Id: EB3BBB79ABC84148B0ACB138B40108B2 Status: Completed Subject: Please DocuSign: City Council Contract 6427 - Amendment #5 - Hickory Creek Rd W Source Envelope: Document Pages: 6 Signatures: 6 Envelope Originator: Certificate Pages: 6 Initials: 1 Laura Hermosillo AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 901B Texas Street Denton, TX 76209 laura.hermosillo@cityofdenton.com IP Address: 198.49.140.104 Record Tracking Status: Original 3/24/2020 4:49:26 PM Holder: Laura Hermosillo laura.hermosillo@cityofdenton.com Location: DocuSign Signer Events Signature Timestamp Laura Hermosillo laura.hermosillo@cityofdenton.com Senior Buyer City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 198.49.140.104 Sent: 3/24/2020 4:50:29 PM Viewed: 3/24/2020 4:50:37 PM Signed: 3/24/2020 4:50:41 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Lori Hewell lori.hewell@cityofdenton.com Purchasing Manager City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 129.120.6.150 Sent: 3/24/2020 4:50:44 PM Viewed: 3/24/2020 5:02:58 PM Signed: 3/24/2020 5:03:29 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Mack Reinwand mack.reinwand@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 76.186.77.161 Sent: 3/24/2020 5:03:31 PM Viewed: 3/25/2020 4:39:25 PM Signed: 3/25/2020 5:27:42 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Gary L Vickery gvickery@tnpinc.com Principal Teague Nall and Perkins, Inc. Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 137.27.172.227 Sent: 3/30/2020 12:13:20 PM Resent: 3/31/2020 12:51:51 PM Viewed: 3/31/2020 12:52:36 PM Signed: 3/31/2020 12:54:12 PM Electronic Record and Signature Disclosure: Accepted: 3/31/2020 12:52:36 PM ID: dc03ddf3-7792-45cd-aab7-07633becff12 Signer Events Signature Timestamp Todd Estes Todd.Estes@cityofdenton.com City Engineer Capital Projects Security Level: Email, Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address: 174.244.49.119 Signed using mobile Sent: 3/31/2020 12:54:14 PM Viewed: 3/31/2020 2:18:35 PM Signed: 4/8/2020 2:48:56 PM Electronic Record and Signature Disclosure: Accepted: 3/31/2020 2:18:35 PM ID: 76c6ee3b-6b42-4060-bba4-5c349a38f23b Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 198.49.140.104 Sent: 4/8/2020 2:48:59 PM Viewed: 4/22/2020 11:02:21 AM Signed: 4/22/2020 11:03:08 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Todd Hileman Todd.Hileman@cityofdenton.com City Manager City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 47.186.192.80 Sent: 4/22/2020 11:03:11 AM Viewed: 4/22/2020 12:46:57 PM Signed: 4/22/2020 12:47:02 PM Electronic Record and Signature Disclosure: Accepted: 7/25/2017 11:02:14 AM ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21 Rosa Rios rosa.rios@cityofdenton.com City Secretary Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 129.120.6.150 Sent: 4/22/2020 12:47:04 PM Viewed: 4/22/2020 3:07:30 PM Signed: 4/22/2020 3:07:54 PM Electronic Record and Signature Disclosure: Accepted: 4/22/2020 3:07:30 PM ID: ccabd601-c840-433b-9294-c9414f231918 In Ierson Signer Events Signature Timestamp Editor DeliverI Events Status Timestamp Igent DeliverI Events Status Timestamp IntermediarI DeliverI Events Status Timestamp CertiIied DeliverI Events Status Timestamp CarIon CopI Events Status Timestamp Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Sent: 3/24/2020 4:50:43 PM Electronic Record and Signature Disclosure: CarIon CopI Events Status Timestamp Not Offered via DocuSign Sherri Thurman sherri.thurman@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Sent: 4/8/2020 2:48:59 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Jane Richardson jane.richardson@cityofdenton.com Assistant City Secretary City of Denton Security Level: Email, Account Authentication (None) Sent: 4/22/2020 11:03:11 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Zolaina Parker Zolaina.Parker@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Sent: 4/22/2020 11:03:11 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Trevor Crain Trevor.Crain@cityofdenton.com Security Level: Email, Account Authentication (None) Sent: 4/22/2020 3:07:57 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Annie Bunger Annie.Bunger@cityofdenton.com Contract Control Specialist City of Denton Security Level: Email, Account Authentication (None) Sent: 4/22/2020 3:07:57 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Iitness Events Signature Timestamp IotarI Events Signature Timestamp Envelope SummarI Events Status Timestamps Envelope Sent Hashed/Encrypted 4/22/2020 3:07:57 PM Certified Delivered Security Checked 4/22/2020 3:07:57 PM Signing Complete Security Checked 4/22/2020 3:07:57 PM Completed Security Checked 4/22/2020 3:07:57 PM IaIment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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