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Exhibit 1 - Agenda Information Sheet - Amendment 5City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Materials Management CM: Todd Hileman DATE: April 16, 2019 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 October 19, 2010, in the not-to-exceed amount of $4,501,530, amended by Amendments 1-4 approved by the City Manager and City Council, said fifth amendment to provide engineering and design services relating to the Mayhill Road Widening and Improvements project in the amount of $1,364,210; providing for the expenditure of funds therefor; and providing an effective date (File 4511 – providing for an additional fifth amendment expenditure amount not-to-exceed $1,364,210, with the total contract amount not-to-exceed $7,059,738). BACKGROUND The City Council approved a contract with Freese and Nichols, Inc. (FNI) for the design of the Mayhill Road Widening and Improvements project on October 19, 2010, in the amount of $4,501,530.00. Since then, there have been four previous amendments to the contract:  Amendment No. 1 in the amount of $50,377, approved by the City Manager on January 19, 2013, for an asbestos survey of the existing structures.  Amendment No. 2 in the amount of $488,835, approved by the City Council on August 20, 2013, for additional right-of-way (ROW) services, design of Spencer Road profile and drainage improvements west to Bridges Street, design of the realignment of Mayhill Road between Quail Creek Road and Spencer Road to the west side of an existing gas line easement, the design of retaining walls for the bridge at the anticipated DCTA crossing, hydraulic analysis, additional survey to coincide with the additional work, and asbestos remediation services.  Amendment No. 3 in the amount of $602,590, approved by the City Council on January 10, 2017, for additional services for eminent domain proceedings, design services for the extension of Spencer Road with storm drain and utilities, Mayhill Road realignment, Cooper Creek bridge design, survey services, and construction phase support and materials testing services.  Amendment No. 4 in the amount of $52,196, approved by City Manager on February 27, 2018, for the design of an additional median opening and turn lane to the Denton County southern driveway, the addition of a reuse line from Spencer Road to the Denton County building, the extension of the sidewalk on the south end to complete the connection to DCTA trail, revisions to the driveway to the lift station on Prominence, redesign of two drainage lines and one water line due to utilities that have not been relocated, modeling of PEC-5 and a feasibility analysis of a regional detention pond. City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com Amendment 5 includes:  Design services for the DCTA bridge and the Mayhill Road Project  Design services for a detention pond at the southwest corner of Quail Creek Road and Mayhill Road for the PEC-5 Stream  FEMA Coordination  Geotechnical investigation  Bid phase services for the DCTA bridge  Construction phase services to include construction management, inspections, and materials testing for Mayhill Road and construction phase support for the DCTA bridge and detention pond. bid and construction phase services and Construction Services. Staff looked at the scope additions, the additional effort required by the design team, and the hourly breakdown for each task to evaluate the effort and costs per line item. Costs and scope descriptions with the consultant went through several iterations between the consultant and staff. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On October 19, 2010, City Council approved a contract with Freese and Nichols, Inc., in the not-to-exceed amount of $4,501,530 (Ordinance 2010-269). On August 20, 2013, City Council approved Amendment No. 2, to perform additional design, right-of-way and asbestos remediation services, in the not-to-exceed amount of $488,835 (Ordinance 2013-203). On January 10, 2017, City Council approved Amendment No. 3, to perform the additional survey, design, right-of-way, and construction phase support services, in the not-to-exceed amount of $602,590 (Ordinance 2017-013). RECOMMENDATION Award a fifth amendment to the Professional Services Agreement between the City of Denton and Freese and Nichols, Inc., for services related to the DCTA Bridge and Mayhill Road Widening and Improvements projects, in the amount not-to-exceed $1,364,210. PRINCIPAL PLACE OF BUSINESS Freese and Nichols, Inc. Fort Worth, TX ESTIMATED SCHEDULE OF PROJECT The Mayhill Road construction is expected to be complete in February 2020. The DCTA Bridge would start construction beginning of 2020. FISCAL INFORMATION This project will be funded from the following account numbers:  Mayhill DCTA Bridge account #350283402 will fund the amount of $839,814.00.  Mayhill Road Widening account #350462402 will fund the amount of $524,396.00. PO #151901 has been increased in the Purchasing software system in the amount of $1,364,210.00. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Original Ordinance and Contract Exhibit 3: Amendments Exhibit 4: Project Map Exhibit 5: Ordinance and Amendment Respectfully submitted: Lori Hewell, 349-7148 Purchasing Manager For information concerning this acquisition, contact: Lee Perry at 940-349-8938. Legal point of contact: Mack Reinwand at 940-349-8333.