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Amendments 4 - 6 Docusign City Manager Approval Transmittal Coversheet File Name Purchasing Contact Contract Value Piggy Back Option Contract Expiration DocuSign Envelope ID: 59ED5289-A92F-4690-AE87-AF027C58A61F PSA Ft.Worth Drive Utility Relocations Prelimary Serv. Proj. Ongoing Jody Word $27,555 6073-Amendment #4,5,6 no 6073-AIS Request for City Manager Approval of Purchase DATE: July 2, 2018 Questions concerning this acquisition may be directed DEPARTMENT: Capital Projects to Chad Allen 349-7713 Contact Phone ACM: Mario Canizares SUBJECT Consider approval of Amendment No. 4, 5, 6 to the Professional Services Agreement for Architect or Engineer by and between Teague Nall and Perkins, Inc. and the City of Denton for engineering and surveying services associated with the Fort Worth Drive Utility Relocations Preliminary Services Project; in the amount of $27,555, for a revised contract not-to exceed of $596,375 (PSA 6073). FILE INFORMATION The City of Denton Capital Projects Department coordinated with Teague Nall and Perkins, Inc. to develop a scope of work for the Fort Worth Drive Utility Relocations project. In order to move forward with the design of the project as quickly as possible, a Professional Services Agreement for Consulting Engineering for the Fort Worth Drive Utility Relocations Preliminary Services project was approved by the City Manager on February 15, 2016, in a not-to-exceed amount of $92,500. It was City of Denton Contract No. 6073. The Preliminary Services contract was initiated to allow progress on the design of the project while the remainder of the project design scope and costs could be identified and approved. The First Amendment to the Professional Services Agreement included the remainder of the project design scope beyond that described for the Preliminary Services. The amount of the First Amendment was $440,790. The total amount for the project including the original Preliminary Services amount and the First Amendment was $533,290. The Second Amendment to the Professional Services Agreement was included to add surveying, Subsurface Utility Engineering and Design Support for additional modifications to Hobson Road. The amount of the Second Amendment was $16,430. The total amount for the project including the original Preliminary Services amount, the First Amendment, and the Second Amendment was $549,720. The Third Amendment to the Professional Services Agreement covered additional costs for modifying the plans after final plan approval. These plan changes are related to revised requests from City staff and changes to accommodate easement acquisition negotiations, and adding the new Atmos Gas alignment and the recently installed Denton ISD fiber optics line. Amendment No. 3 was for a total of $19,100 bringing the contract total to $568,820. DocuSign Envelope ID: 59ED5289-A92F-4690-AE87-AF027C58A61F 6073-AIS The Fourth Amendment was for additional changes to the final drawings associated with the new TxDOT screen wall, new water lines requested by the water department, and multiple iterations of changing sheet numbers at the request of TxDOT. TxDOT also requested changes to fire hydrant locations, water line locations, sewer line locations, and manhole locations after previous review of drawings and City direction on placement of water and sewer improvements. The changes also included breaking out surface restoration quantities relative to the water and sewer departments at the request of the City. Amendment No. 4 was for a total of $18,355 bringing the contract total to $587,175. Amendment No. 5 was for design of the addition of irrigation sleeves into the medians of the roadway as requested by the City of Denton. The amount of Amendment No. 5 was $5,400 bringing the contract total to $582,575. This Amendment No. 6 is for additional design services needed to revise water and sanitary sewer improvements to reflect utility requirements for the Mission Street Offices development proposed on the east side of Fort Worth Drive just south of Mission Street. This Amendment No. 6 is for the amount of $3,800 bringing the total contract amount including all amendments to $596,375. PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS) City Manager Approval of Purchase – February 15, 2016 PUB Approval of First Amendment – March 28, 2016 City Council Approval of First Amendment – April 5, 2016 (Ordinance # 2106-101) Purchasing Agent Approval of Second Amendment – November 17, 2016 Purchasing Agent Approval of Third Amendment – February 13, 2017 RECOMMENDATION Staff recommends approval of Amendments No. 4, 5, 6 to the Professional Services Agreement between the City of Denton and Teague Nall and Perkins, Inc. in the amount of $27,555 for engineering services associated with the Fort Worth Drive Utility Relocations Preliminary Services Project. PRINCIPAL PLACE OF BUSINESS Teague Nall and Perkins, Inc. 1517 Centre Place Drive, Suite 320, Denton, Texas 76205 ESTIMATED SCHEDULE OF PROJECT Services associated with Amendment No. 6 have already been performed at the request of the City of Denton in order to meet the requirements of the TxDOT schedule for the project. DocuSign Envelope ID: 59ED5289-A92F-4690-AE87-AF027C58A61F 6073-AIS CONTRACT ADMINISTRATOR Chad A. Allen, P.E. – Deputy City Engineer FISCAL INFORMATION Funding for the services is to be provided as shown below out of the following two job numbers: 630264523.1365.21100: $9,178 Amendment #4 640213545.1365.21100: $9,177 Amendment #4 630264523.1365.21100: $2,700.00 Amendment #5 640213545.1365.21100: $2,700.00 Amendment #5 630264523.1365.21100: $1,900.00 Amendment #6 640213545.1365.21100: $1,900.00 Amendment #6 ATTACHMENTS: Exhibit 1: Amendment No. 4, 5 & 6 to Professional Services Agreement Requested by: Name: Chad A. Allen, P. E. Deputy City Engineer Phone: 7713 P.O. 175927 Respectfully submitted: Lori Hewell Purchasing Manager Expenditure Approved: __________________________ City Manager or Designate __________________________ Date DocuSign Envelope ID: 59ED5289-A92F-4690-AE87-AF027C58A61F 7/10/2018 AMENDMENT No. 4 TO PROFESSIONAL SERVICES AGREEMENT ADDITIONAL SERVICES Fort Worth Drive Utility Relocations Preliminary Services Contract 6073 Itemized list of changes incorporated in Change Order No. 4 Additional Services Associated with New TxDOT Screen Wall 1) Determine Alternatives and associated sketches for revising the proposed sanitary sewer because of conflict with the new wall, including meeting with City of Denton and working with TxDOT for resolution. 2) Develop three additional water line sheets from the drainage at the new wall location to Mission Street. Also create the necessary details. This was a water department request. 3) Meetings regarding new water line 4) Update quantities and cost estimate for new water line and associated improvements. Additional Services Associated with water and sewer change requested by TxDOT after final plan completion 1) Fire hydrant location changes. City of Denton directed us on the location of fire hydrants. Also created fire hydrant details due to the close proximity with the new gas line location. 2) Sanitary Sewer Line and water line casing additions required by TxDOT, including adjustment of locations and manholes. 3) Multiple sheet renumbering requested by TxDOT Breakout of Surface Restoration Quantities so that the water and sewer department would be able to properly allocate participation. AMENDMENT # 4 DocuSign Envelope ID: 59ED5289-A92F-4690-AE87-AF027C58A61F AMENDMENT # 4DocuSign Envelope ID: 59ED5289-A92F-4690-AE87-AF027C58A61F7/10/2018 AMENDMENT #5 DocuSign Envelope ID: 59ED5289-A92F-4690-AE87-AF027C58A61F AMENDMENT #5 DocuSign Envelope ID: 59ED5289-A92F-4690-AE87-AF027C58A61F AMENDMENT #5 DocuSign Envelope ID: 59ED5289-A92F-4690-AE87-AF027C58A61F 7/10/2018 AMENDMENT #5 DocuSign Envelope ID: 59ED5289-A92F-4690-AE87-AF027C58A61F AMENDMENT #6 DocuSign Envelope ID: 59ED5289-A92F-4690-AE87-AF027C58A61F AMENDMENT #6 DocuSign Envelope ID: 59ED5289-A92F-4690-AE87-AF027C58A61F AMENDMENT #6 DocuSign Envelope ID: 59ED5289-A92F-4690-AE87-AF027C58A61F 7/10/2018 AMENDMENT #6 DocuSign Envelope ID: 59ED5289-A92F-4690-AE87-AF027C58A61F FOURTH, FIFTH AND SIXTH AMENDMENTS TO PROFESSIONAL SERVICES AGREEMENT FOR ARCHITECT OR ENGINEER FORT WORTH DRIVE UTILITY RELOCATIONS PRELIMINARY SERVICES (CONTRACT 6073) On February 15, 2016, the City Manager approved a Professional Services Agreement for Architect or Engineer by and between Teague Nall and Perkins, Inc. and the City of Denton for the Fort Worth Drive Utility Relocations Preliminary Services project; in a not-to-exceed amount of $92,500.00. The Fort Worth Drive Utility Relocations Preliminary Services contract included creation of the Schematic Plan, a portion of the preliminary design, creation of right of entry letters, and performance of the project boundary survey. It was City of Denton Contract No. 6073. The Preliminary Services contract was initiated to allow progress on the design of the project until the remainder of the project design scope could be identified and approved.  Whereas, the First Amendment was approved by City Council on April 5, 2016 (Ordinance 2016-101), in the not-to-exceed amount of $440,790, for an aggregate of $533,290 and was approved administratively; and for the very same project and includes the remainder of the project design scope.  WHEREAS, the Second Amendment again modified the scope of services to provide an additional $16,430 with a revised not-to-exceed total of $549,720; and  WHEREAS, the Third Amendment again modified the scope of services to provide an additional $19,100 with a revised not-to-exceed total of $568,820; and  WHEREAS, the Fourth Amendment again modified the scope of services to provide an additional $18,355 with a revised not-to-exceed total of $587,175; and  WHEREAS, the Fifth Amendment again modified the scope of services to provide an additional $5,400 with a revised not-to-exceed total of $592,575; and  WHEREAS, the Sixth Amendment again modified the scope of services to provide an additional $3,800 with a revised not-to-exceed total of $596,375; and THIS AGREEMENT is made and entered into this date ___________________ by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called “Owner” and Teague Nall and Perkins, Inc., with its corporate office at 1517 Centre Place Drive, Suite 320, Denton, TX 76205 hereinafter called “Design Professional,” acting herein, by and through their duly authorized representatives. DocuSign Envelope ID: 59ED5289-A92F-4690-AE87-AF027C58A61F 7/10/2018 In consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: NOW THEREFORE,  SECTION 1. Employment of design professional basic services is hereby amended to include: D. Fort Worth Drive utility relocations preliminary services per the attachments and incorporated herein.  SECTION 2. Compensation Services is hereby amended to read: Total compensation for the Design Professional contemplated under the terms of this agreement shall be $596,375 for all services including reimbursable expenses. The Owner shall compensate the Design Professional as follows: 2.1 BASIC SERVICES 2.1.3 Compensation shall be added to include: o Fort Worth Drive Utility Relocations Preliminary Services, as requested in Amendment #4 in the amount of $18,355 as per attached and incorporated herein. o Design of the addition of irrigation sleeves into the medians of the roadway, as requested in Amendment #5 in the amount of $5,400 as per attached and incorporated herein. o Design Services needed to revise water and sanitary sewer improvements to reflect utility requirements for the Mission Street Offices development proposed on the east side of the Fort Worth Drive just south of Mission Street. As requested in Amendment #6 in the amount of $3,800 as per attached and incorporated herein. DocuSign Envelope ID: 59ED5289-A92F-4690-AE87-AF027C58A61F This Agreement is signed by the parties hereto effective as of the date first above written. CITY OF DENTON, TEXAS A Municipal Corporation BY: __________________________ TODD HILEMAN CITY MANAGER APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: __________________________________ ATTEST: JENNIFER WALTERS, CITY SECRETARY By: ____________________________ TEAGUE NALL & PERKINS, INC. A Corporation BY: ________________________________ GARY L. VICKERY, P.E. PRINCIPAL DocuSign Envelope ID: 59ED5289-A92F-4690-AE87-AF027C58A61F Exhibit House Bill 89 - Government Code 2270 VERIFICATION I, _______________________________________________, the undersigned representative of ______________________________Company or Business name (hereafter referred to as company), being an adult over the age of eighteen (18) years of age, verify that the company named-above, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract the above-named Company, business or individual with City of Denton. Pursuant to Section 2270.001, Texas Government Code: 1. “Boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes; and 2. “Company” means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. ___________________________________ Name of Company Representative (Print) ________________________________ Signature of Company Representative _________________________________ Date DocuSign Envelope ID: 59ED5289-A92F-4690-AE87-AF027C58A61F 1 Gary L Vickery Gary L Vickery 7/9/2018 Teague Nall and Perkins, Inc. Exhibit Senate Bill 252 -Government Code 2252 CERTIFICATION I, ______________________________________________, the undersigned representative of ________________________________________________ (Company or business name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Denton’s Materials Management Department. ___________________________________ Name of Company Representative (Print) ________________________________ Signature of Company Representative _________________________________ Date DocuSign Envelope ID: 59ED5289-A92F-4690-AE87-AF027C58A61F 2 Gary L Vickery 7/9/2018 Teague Nall and Perkins, Inc. Gary L Vickery Certificate Of Completion Envelope Id: 59ED5289A92F4690AE87AF027C58A61F Status: Completed Subject: ****City Manager Approval ******Docusign Item 6073-Amendments #4, 5, 6 Source Envelope: Document Pages: 19 Signatures: 11 Envelope Originator: Certificate Pages: 6 Initials: 0 Jody Word AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 901B Texas Street Denton, TX 76209 jody.word@cityofdenton.com IP Address: 129.120.6.150 Record Tracking Status: Original 7/5/2018 2:12:08 PM Holder: Jody Word jody.word@cityofdenton.com Location: DocuSign Signer Events Signature Timestamp Jody Word jody.word@cityofdenton.com Buyer City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 129.120.6.150 Sent: 7/5/2018 2:29:05 PM Viewed: 7/5/2018 2:29:17 PM Signed: 7/5/2018 2:32:14 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) Using IP Address: 129.120.6.150 Sent: 7/5/2018 2:32:17 PM Viewed: 7/5/2018 3:29:36 PM Signed: 7/5/2018 3:30:43 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) Using IP Address: 71.123.192.18 Sent: 7/5/2018 3:30:46 PM Resent: 7/6/2018 8:10:27 AM Viewed: 7/9/2018 5:55:21 AM Signed: 7/9/2018 5:56:07 AM Electronic Record and Signature Disclosure: Accepted: 7/9/2018 5:55:21 AM ID: 45c3f2b0-6255-4764-8bfd-928694109195 Larry Collister larry.collister@cityofdenton.com First Assistant City Attorney City of Denton Security Level: Email, Account Authentication (None) Using IP Address: 47.190.47.120 Sent: 7/9/2018 5:56:10 AM Viewed: 7/10/2018 7:04:32 AM Signed: 7/10/2018 7:17:58 AM Electronic Record and Signature Disclosure: Accepted: 9/26/2017 12:27:28 PM ID: 01f5f868-f109-4e29-ad49-21db9046c882 Signer Events Signature Timestamp Todd Hileman todd.hileman@cityofdenton.com City Manager City of Denton Security Level: Email, Account Authentication (None) Using IP Address: 72.35.146.196 Signed using mobile Sent: 7/10/2018 7:18:01 AM Viewed: 7/10/2018 7:29:29 AM Signed: 7/10/2018 7:29:41 AM Electronic Record and Signature Disclosure: Accepted: 7/25/2017 9:02:14 AM ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21 Jennifer Walters jennifer.walters@cityofdenton.com City Secretary City of Denton Security Level: Email, Account Authentication (None) Using IP Address: 129.120.6.150 Sent: 7/10/2018 7:29:44 AM Viewed: 7/10/2018 2:15:14 PM Signed: 7/10/2018 2:15:34 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Sherri Thurman sherri.thurman@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Sent: 7/9/2018 5:56:10 AM 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: 7/10/2018 2:15:37 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Jennifer Bridges jennifer.bridges@cityofdenton.com Procurement Assistant City of Denton Security Level: Email, Account Authentication (None) Sent: 7/10/2018 2:15:37 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Chad Allen chad.allen@cityofdenton.com Security Level: Email, Account Authentication (None) Sent: 7/10/2018 2:15:37 PM Carbon Copy Events Status Timestamp Electronic Record and Signature Disclosure: Not Offered via DocuSign Annie Bunger annie.bunger@cityofdenton.com Security Level: Email, Account Authentication (None) Sent: 7/10/2018 2:15:38 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 7/10/2018 2:15:38 PM Certified Delivered Security Checked 7/10/2018 2:15:38 PM Signing Complete Security Checked 7/10/2018 2:15:38 PM Completed Security Checked 7/10/2018 2:15:38 PM Payment 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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