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6305 - Amendment 5 Executed Docusign City Council Transmittal Coversheet File Name Purchasing Contact City Council Target Date Piggy Back Option Contract Expiration Ordinance DocuSign Envelope ID: 4032AF5C-B624-43E5-AC00-FDD6CA20B035 6305PSA LLWTP IMPROVEMENTS PHASE II--AMENDMENT 5 Crystal Westbrook Not Applicable JUNE 22, 2021 N/A 21-1193 6305 PSA – Amendment #5 Page 1 of 2 FIFTH AMENDMENT TO CONTRACT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND FREESE AND NICHOLS, INC. PSA 6305 LAKE LEWISVILLE WATER TREATMENT PLANT IMPROVEMENTS PHASE II THE STATE OF TEXAS § COUNTY OF DENTON § THIS FIFTH AMENDMENT TO CONTRACT 6305 (“Amendment”) by and between the City of Denton, Texas (“City”) and Freese and Nichols, Inc. (“Consultant”); to that certain contract executed on December 5, 2017, in the original not-to-exceed amount of $1,529,180 (the “Original Agreement”); amended on August 8, 2018 in the additional amount of $21,965 aggregating a not-to-exceed amount of $1,551,145 (the “First Amendment”); amended on January 3, 2019 in the additional amount of $18,405 aggregating a not-to-exceed amount of $1,569,550 (the “Second Amendment”); amended on December 3, 2019 in the additional amount of $419,980 aggregating a not-to-exceed amount of $1,989,530 (the “Third Amendment”); amended on May 14, 2020 to provide for 10% invoice reductions aggregating a not-to-exceed amount of $1,989,530 (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 Lake Lewisville Water Treatment Plant Improvements Phase II; 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 $229,777 with this Amendment for an aggregate not-to-exceed of $2,219,307. 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 Lake Lewisville Water Treatment Plant Improvements Phase II, 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 DocuSign Envelope ID: 4032AF5C-B624-43E5-AC00-FDD6CA20B035 6305 PSA – Amendment #5 Page 2 of 2 hereto and incorporated herein for all purposes, a total fee, including reimbursement for non-labor expenses an amount not to exceed $229,777. 2. This Amendment modifies the Agreement amount to provide an additional $229,777 for the additional services with a revised aggregate not to exceed total of $2,219,307. 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” FREESE AND NICHOLS, 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: _______________________________ SARA HENSLEY, INTERIM 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 DocuSign Envelope ID: 4032AF5C-B624-43E5-AC00-FDD6CA20B035 Vice President Water and Wastewater Stephen D. Gay Director, Water and Wastewater 06/22/2021 101 S. Locust Street, Suite 202 + Denton, Texas 76201 + 940-220-4340 + FAX 817-735-7491 1 MEMORANDUM www.freese.com The general contractor’s notice to proceed (NTP) was issued on December 5, 2019, and set the NTP date to be January 20, 2021, based on 380 calendar days of construction. Construction support services and submittal reviews started in December 2019. As of the date of this memorandum, three change orders have been executed with the following time modifications: • Change Order No. 1 14 days • Change Order No. 2 145 days • Change Order No. 3 69 days With these time extensions, the project completion date is scheduled to be September 5, 2021. The professional services agreement amendment provided with this memorandum requests additional compensation for the following significant items: Task A. Project Management to support the project extension from April 2021 through September 2021 (six months) Task B. Design and construction support services associated with the Lake Lewisville WTP Sky-Trak slab Task C. Design and construction support services related to the addition of vaults to the 30-inch and 36-inch offsite gate valves Task D. Design and construction support services associated with the Hickory Creek Fire Department comments regarding the Lake Lewisville Raw Water Pump Station site Task E. General construction phase services for monthly construction meetings, site visits, and office support for the project extension Task F. Part-time resident project representation associated with the Lake Lewisville WTP Improvements Phase II project Task G. Part-time resident project representation related to the Lake Lewisville WTP Dewatering Improvements project TO: Pritam Deshmukh, P.E. Chris Campbell FROM: James Naylor, P.E., BCEE David Jackson, P.E., BCEE SUBJECT: Professional Services Agreement Amendment No. 5 PROJECT: Lake Lewisville Water Treatment Plant Improvements Phase II DATE: March 23, 2021 CC: Scott Cole, P.E. EXHIBIT ADocuSign Envelope ID: 4032AF5C-B624-43E5-AC00-FDD6CA20B035 Lake Lewisville Water Treatment Plant Improvements Phase II Professional Services Agreement Amendment No. 5 March 23, 2021 Page 2 of 3 2 An explanation of each of the tasks is provided below: Task A. Project Management to support the project extension from April 2021 through September 2021 (six months) Task B. Design and construction support services associated with the Lake Lewisville WTP Sky-Trak slab ▪ A cast-in-place concrete slab was designed to support the City’s efforts to install a pre-engineered metal awning. The objective of this slab and shelter is to provide cover for a City-owned Sky-Trak. ▪ This task is associated with the preparation of information and coordination with the City and contractor. Task C. Design and construction support services associated with the addition of vaults to the 30-inch and 36-inch offsite gate valves ▪ Upon completion of the 30-inch and 36-inch offsite gate valves installation, the City opted to include pre-cast concrete vaults for each of the valves. ▪ This task is associated with the preparation of information and coordination with the City and contractor. Task D. Design and construction support services associated with new comments from the Hickory Creek Fire Department regarding the Lake Lewisville Raw Water Pump Station site ▪ Based on the Hickory Creek Fire Department’s input, improvements to the existing Lake Lewisville Raw Water Pump Station roadway will include an acceptable turnaround arrangement for a fire apparatus. ▪ Also, the chemical building overhead coiling doors will need to be automatically closed by the fire detection/suppression system control panel. Signage will be required on the doors of the chemical building. ▪ This task is associated with the preparation of information and coordination with the City and contractor. Task E. General construction phase services for additional monthly construction meetings, site visits, and office support for the project extension ▪ This task is associated with the general construction activities (construction progress videoconferences, site visits, and documentation handling). Task F. Part-time resident project representation associated with the Lake Lewisville WTP Improvements Phase II project ▪ This task provides for additional resident project representation services associated with the project duration extension. ▪ These services are based on 24 hours each week for the extension through September. Task G. Part-time resident project representation associated with the Lake Lewisville WTP Dewatering project DocuSign Envelope ID: 4032AF5C-B624-43E5-AC00-FDD6CA20B035 Lake Lewisville Water Treatment Plant Improvements Phase II Professional Services Agreement Amendment No. 5 March 23, 2021 Page 3 of 3 3 ▪ This task provides for additional resident project representation services associated with the project duration extension. ▪ These services are based on 16 hours each week for the extension through May. Task Fee Compensation Type A. Project Management $7,188 Lump Sum B. Lake Lewisville WTP Sky-Trak Support $7,845 Lump Sum C. 30-inch and 36-inch Offsite Gate Valve Support $10,956 Lump Sum D. Lake Lewisville Raw Water Pump Station Hickory Creek Fire Department Items $18,503 Lump Sum E. General Construction Phase Services Extension $53,625 Lump Sum F. Part-Time Resident Project Representation (Lake Lewisville WTP Improvements Phase II) $107,719 Cost Plus Multiplier (Time and Material) G. Part-Time Resident Project Representation (Lake Lewisville WTP Dewatering Improvements) $23,938 Cost Plus Multiplier (Time and Material) Amendment No. 5 Total $229,777 DocuSign Envelope ID: 4032AF5C-B624-43E5-AC00-FDD6CA20B035 Certificate Of Completion Envelope Id: 4032AF5CB62443E5AC00FDD6CA20B035 Status: Completed Subject: Please DocuSign: City Council Contract 6305--Amendment 5 Source Envelope: Document Pages: 6 Signatures: 5 Envelope Originator: Certificate Pages: 6 Initials: 1 Crystal Westbrook AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 901B Texas Street Denton, TX 76209 crystal.westbrook@cityofdenton.com IP Address: 198.49.140.104 Record Tracking Status: Original 5/12/2021 3:04:53 PM Holder: Crystal Westbrook crystal.westbrook@cityofdenton.com Location: DocuSign Signer Events Signature Timestamp Crystal Westbrook crystal.westbrook@cityofdenton.com Senior Buyer City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 198.49.140.104 Sent: 5/12/2021 3:29:03 PM Viewed: 5/12/2021 3:29:11 PM Signed: 5/12/2021 3:30:18 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: 198.49.140.104 Sent: 5/12/2021 3:30:21 PM Viewed: 5/13/2021 7:33:09 AM Signed: 5/13/2021 7:33:31 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Marcella Lunn marcella.lunn@cityofdenton.com Deputy City Attorney City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Sent: 5/13/2021 7:33:33 AM Viewed: 5/13/2021 2:35:08 PM Signed: 5/13/2021 3:08:30 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Thomas Haster th@freese.com Vice President Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 107.77.221.187 Signed using mobile Sent: 5/13/2021 3:08:32 PM Viewed: 5/13/2021 3:38:03 PM Signed: 5/13/2021 3:40:10 PM Electronic Record and Signature Disclosure: Accepted: 5/13/2021 3:38:03 PM ID: 03550aad-19b1-4378-a290-36d84c5f164d Signer Events Signature Timestamp Stephen D. Gay stephen.gay@cityofdenton.com Director, Water and Wastewater Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 5/13/2021 3:40:13 PM Viewed: 5/13/2021 4:54:02 PM Signed: 5/18/2021 10:56:08 AM Electronic Record and Signature Disclosure: Accepted: 5/18/2021 10:55:28 AM ID: f09a1b3b-bc60-4b98-9a54-2f49a04d37cc Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 198.49.140.10 Sent: 5/18/2021 10:56:10 AM Viewed: 6/23/2021 8:26:46 AM Signed: 6/23/2021 8:26:57 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Sara Hensley sara.hensley@cityofdenton.com Interim City Manager City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 6/23/2021 8:26:59 AM Viewed: 6/23/2021 8:39:19 AM Signed: 6/23/2021 8:39:25 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Rosa Rios rosa.rios@cityofdenton.com City Secretary Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 6/23/2021 8:39:27 AM Viewed: 6/23/2021 11:05:01 AM Signed: 6/23/2021 11:05:25 AM Electronic Record and Signature Disclosure: Accepted: 6/23/2021 11:05:01 AM ID: 848af307-ef99-4981-b28f-cf2283974166 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 Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Sent: 5/12/2021 3:30:21 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Carbon Copy Events Status Timestamp Gretna Jones gretna.jones@cityofdenton.com Legal Secretary City of Denton Security Level: Email, Account Authentication (None) Sent: 5/18/2021 10:56:11 AM Viewed: 5/18/2021 11:18:37 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign City Secretary Office citysecretary@cityofdenton.com Security Level: Email, Account Authentication (None) Sent: 6/23/2021 11:05:27 AM Viewed: 6/23/2021 11:07:40 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Chris Campbell chris.campbell@cityofdenton.com Security Level: Email, Account Authentication (None) Sent: 6/23/2021 11:05:28 AM Electronic Record and Signature Disclosure: Accepted: 6/21/2021 12:37:33 PM ID: 10083c3b-e1f8-42d2-a1ba-6cb9525a5753 Annie Bunger annie.bunger@cityofdenton.com Contract Control Specialist City of Denton Security Level: Email, Account Authentication (None) Sent: 6/23/2021 11:05:28 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 5/12/2021 3:29:03 PM Certified Delivered Security Checked 6/23/2021 11:05:01 AM Signing Complete Security Checked 6/23/2021 11:05:25 AM Completed Security Checked 6/23/2021 11:05:28 AM 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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