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4978 - Amendment 6 Executed Docusign City Council Transmittal Coversheet File Name Purchasing Contact City Council Target Date Piggy Back Option Contract Expiration Ordinance DocuSign Envelope ID: 43F76E47-F189-4BA6-B4F9-81980A8A00B2 North South Water Main Design - Amendment #6 Not Applicable PSA Cori Power 4978 N/A JUNE 22, 2021 21-1213 4978 PSA – Amendment #6 Page 1 of 2 SIXTH 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 SIXTH 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”); amended on April 23, 2019 in the additional amount of $396,303 aggregating a not-to-exceed amount of $1,052,571.60 (the “Fourth Amendment”); amended on May 14, 2020 to provide for 10% invoice reductions (the “Fifth Amendment”) (collectively, the Original Agreement, the First Amendment, the Second Amendment, the Third Amendment, the Fourth Amendment, and the Fifth 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 $619,840 with this Amendment for an aggregate not-to-exceed amount of $1,672,411.60; and 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 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 City agrees to pay, based on the cost estimate detail attached as Exhibit “A”, a total fee, including reimbursement for non-labor expenses an amount not to exceed $619,840. DocuSign Envelope ID: 43F76E47-F189-4BA6-B4F9-81980A8A00B2 4978 PSA – Amendment #6 Page 2 of 2 2. This Amendment modifies the Agreement amount to provide an additional $619,840 for the additional services with a revised aggregate not to exceed total of $1,672,411.60. 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 _________________________. “Consultant” FREESE AND NICHOLS, INC. By: _________________________________ AUTHORIZED SIGNATURE, TITLE APPROVED AS TO LEGAL FORM: By: _________________________________ “CITY” CITY OF DENTON, TEXAS A Texas Municipal Corporation By: _______________________________ 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: 43F76E47-F189-4BA6-B4F9-81980A8A00B2 Vice President Rebecca Diviney Director of Capital Projects/City Engineer Capital Projects/Engineering CATHERINE CLIFTON, INTERIM CITY MANAGER SARA HENSLEY, INTERIM CITY MANAGER 06/22/2021 L:\Client\OLCR\D\Denton\DTN12314\Amd. #05\4-26-21 revision\42inch Water line Phase 2 General Repp and RPR - Professional Services Agreement Amendment # -4-26-2021 (003).docx Rev. 4/19 City of Denton Robin Davis 901-A Texas Street Denton, TX, 76209 FNI PROJECT NO. DTN12314 CLIENT CONTRACT REFERENCE: PO 158877 DATE: 06/01/2021 Project Name: North South Phase II and Phase III 42-Inch Water Transmission Main Description of Services: ·Phase II Recoup effort due to contractor delays o The Phase II water line contractor delays/extensions have lengthened the completion of this project incurring extra cost for general rep and resident rep services. The amendment looks to recoup the additional effort due to contractor delays. The contractor was to be complete in March 2020; however, the current estimate is March 2021. They also transitioned from 5 days to 6 days starting in June 2020 to expedite the project. o This effort is for phase II recoup and not part of phase III. That is addressed separately in this amendment. o Pipe weld inspection sub-consultant services also incurred extra cost. The amount over the authorized pipe weld inspection amount is $13,859.00. o Effort to assist in arbitration of the boring claim is not included in this amendment. ·Phase III o Phase III is broken into 3 categories. Additional effort spent during the S&J termination and surety rebid phase. ·Termination is a fee not-to-exceed amount of $38,004.00. If termination extends beyond this scoped effort, it will be considered an additional service. Increase fee amendment for Phase III general rep and resident rep service. ·Phase III construction time is 270 days. Notice to proceed was May 25th. ·Fee increase includes a 9-month construction. It assumes the 9-month construction time begins anew when the new contractor comes on board. ·Include third-party welding and prove-out inspection. Phase III effort for Construction extension from 10 to 12 months. ·Should the construction effort continue past 9 months this effort provides 3 extra months of oversite. Amended Deliverables: No Change Amended Schedule: Adjusted to Contractor’s updated schedule. Compensation shall be amended as follows: Total project compensation is $619,840.00. Basic Services compensation is a lump-sum fee of $48,471.00. Special Services & Resident Rep Services compensation is a not-to-exceed fee of $571,369.00. Description of Services Current Contract Amount Amended Amounts Revised Contract Amounts Basic Services $451,313.60 PH2 $48,471.00 $499,784.60 Special Services $215,554.00 PH3 $219,573.00 $435,126.00 Resident Rep Services Ph II $233,068.00 PH2 $72,424.00 $305,491.00 Resident Rep Services Ph III $152,636.00 PH3 $279,372.00 $432,008.00 Totals $1,052,571.60 $619,840.00 $1,672,411.60 PROFESSIONAL SERVICES AGREEMENT PROJECT AMENDMENT #6 Exhibit A DocuSign Envelope ID: 43F76E47-F189-4BA6-B4F9-81980A8A00B2 L:\Client\OLCR\D\Denton\DTN12314\Amd. #05\4-26-21 revision\42inch Water line Phase 2 General Repp and RPR - Professional Services Agreement Amendment # -4-26-2021 (003).docx Rev. 4/19 The above described services shall proceed upon execution of this amendment. All other provisions, terms and conditions of the Professional Services Agreement which are not expressly amended shall remain in full force and effect. FREESE AND NICHOLS, INC. City of Denton BY: BY: Print Name Print Name TITLE: TITLE: DATE: DATE: DocuSign Envelope ID: 43F76E47-F189-4BA6-B4F9-81980A8A00B2 Thomas Haster 6/4/2021 Vice President SARA HENSLEY, INTERIM CITY MANAGER 6/23/2021 Sara Hensley Freese and Nichols, Inc.City of Denton Project Fee Summary Project Fee Summary Project Fee Summary Denton North-South Phase 2 and 3 - Amd #6 6/1/2021 Detailed Cost Breakdown Tasks Labor Expenses Subconsultants Total Scott Maughn Aaron Redder Chris Poteet Jose Lopez Roddy Culbertson Jane Jenks -$ -$ -$ -$ Phase 2 -$ -$ -$ -$ General Rep/Const Management -$ -$ -$ -$ Basic General Rep Phase II recoup effort 24 100 100 44 5 273 48,471$ 273 -$ -$ 48,471$ -$ -$ -$ -$ Resident Rep -$ -$ -$ -$ Special Resident Rep Phase II recoup effort due to thalle construction taking 12 months over initial construction end date Mar 2020 400 400 58,004$ 400 975 561$ -$ 58,565$ Special Steel Inspectors recoup effort on phase 2 -$ -$ 12,599 13,859$ 13,859$ -$ -$ -$ -$ -$ -$ -$ -$ Phase 3 -$ -$ -$ -$ Phase 3 Contract Termination -$ -$ -$ -$ Special Effort during the S&J termination and re advertisement effort 16 105 52 48 221 38,004$ 221 -$ -$ 38,004$ -$ -$ -$ -$ Phase 3 for 9 months -$ -$ -$ -$ Special General Rep/Const manangement 8 5 13 2,706$ 13 -$ -$ 2,706$ Special Time Needed for Chris Poteet at 2 hours per week for 9 Months* (40 wks)80 80 15,254$ 80 -$ -$ 15,254$ Special Mileage Needed for Chris Poteet at one trip per month for 9 months (40 wks)-$ 810 466$ -$ 466$ -$ -$ -$ -$ Special Time Needed for Jose Lopez at 14 hours per week for 9 Months* (40 wks)560 560 83,630$ 560 -$ -$ 83,630$ Special Mileage Needed for Jose Lopez at one trip per week for 9 months (40 wks)-$ 3,900 2,243$ -$ 2,243$ -$ -$ -$ -$ Special Time Needed Need for Aaron Redder general rep at 4 hrs per wk for 9 months (40 wks)160 160 25,422$ 160 -$ -$ 25,422$ -$ -$ -$ -$ Special Accurate Inspections Welding Prove out and Review -$ -$ 7,126 7,839$ 7,839$ -$ -$ -$ -$ Phase 3 Effort for months 10-12 -$ -$ -$ -$ Special General Rep/Const manangement 8 5 13 2,706$ 13 -$ -$ 2,706$ Special Time Needed for Chris Poteet at 2 hours per week for month 10-12 (13 wks)26 26 4,958$ 26 -$ -$ 4,958$ Special Mileage Needed for Chris Poteet at one trip per month month 10-12 (13 wks)-$ 270 155$ -$ 155$ -$ -$ -$ -$ Special Time Needed for Jose Lopez at 14 hours per week for Month 10-12 (13 wks)182 182 27,180$ 182 -$ -$ 27,180$ Special Mileage Needed for Jose Lopez at one trip per week for month 10-12 (13 wks)-$ 1,300 748$ -$ 748$ -$ -$ -$ -$ Special Time Needed for Aaron Redder general rep at 4 hrs per week for for month 10-12 (13 wks)52 52 8,262$ 52 -$ -$ 8,262$ -$ -$ -$ -$ Phase 3 for 9 months -$ -$ -$ -$ Resident Rep -$ -$ -$ -$ Special Time Needed for Rod at 40 hours per week for 9 month (40 weeks) minus his current remaining effort 1,303 1,303 188,948$ 1,303 4,800 2,760$ -$ 191,708$ Special Steel inspectors additional budget do not include effort not used.-$ -$ 8,426 9,269$ 9,269$ -$ -$ -$ -$ Phase 3 Effort for months 10-12 -$ -$ -$ -$ Resident Rep -$ -$ -$ -$ Special Time Needed for Rod at 40 hours per week for months 10-12 520 520 75,405$ 520 5,200 2,990$ -$ 78,395$ -$ -$ -$ -$ 56 417 - 258 834 2,223 15 - 3,803 3,803 17,255 21,025$ 7,126$ 578,951$ -$ 9,922$ 9,922$ 23,128$ 7,839$ 30,966$ 619,838$ Total Effort Total Sub Effort Total Effort Total Hours / Quantity Total Expense Effort Steel Inspectors Accurate InspectionsTotal Hours Total Labor Effort Tech Charge MilesPhase Task Basic or Special Total Project 619,838$ Task Description Total Project Special Services 571,368$ Special Services Special Services Total Project Basic Services 48,471$ Basic Services Basic Services 1 of 1 L:\Client\OLCR\D\Denton\DTN12314\Amd. #05\6-01-2021 revision\North South _ Amendment #6 for client DTN12314 - 06-01-2021 6/1/2021 DocuSign Envelope ID: 43F76E47-F189-4BA6-B4F9-81980A8A00B2 Certificate Of Completion Envelope Id: 43F76E47F1894BA6B4F981980A8A00B2 Status: Completed Subject: Please DocuSign: City Council Contract 4978 North South Water Main Amendment #6 Source Envelope: Document Pages: 6 Signatures: 7 Envelope Originator: Certificate Pages: 6 Initials: 1 Cori Power AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 901B Texas Street Denton, TX 76209 cori.power@cityofdenton.com IP Address: 198.49.140.104 Record Tracking Status: Original 6/3/2021 3:56:46 PM Holder: Cori Power cori.power@cityofdenton.com Location: DocuSign Signer Events Signature Timestamp Cori Power cori.power@cityofdenton.com Senior Buyer City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 198.49.140.104 Sent: 6/3/2021 4:04:49 PM Viewed: 6/3/2021 4:07:31 PM Signed: 6/3/2021 4:09:00 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: 6/3/2021 4:09:01 PM Viewed: 6/3/2021 4:10:19 PM Signed: 6/3/2021 4:10:32 PM 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: 198.49.140.10 Sent: 6/3/2021 4:10:33 PM Viewed: 6/4/2021 10:10:48 AM Signed: 6/4/2021 10:53:26 AM 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: 107.77.220.141 Signed using mobile Sent: 6/4/2021 10:53:28 AM Viewed: 6/4/2021 10:57:38 AM Signed: 6/4/2021 11:01:26 AM Electronic Record and Signature Disclosure: Accepted: 6/4/2021 10:57:38 AM ID: 3bb486cb-32cc-448d-a5cd-819a3113d0c0 Signer Events Signature Timestamp Rebecca Diviney Rebecca.Diviney@cityofdenton.com Director of Capital Projects/City Engineer Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 6/4/2021 11:01:28 AM Viewed: 6/7/2021 10:10:00 AM Signed: 6/7/2021 10:10:23 AM Electronic Record and Signature Disclosure: Accepted: 6/7/2021 10:10:00 AM ID: 007fc639-e66d-45fa-bb9c-7b07b150d3b3 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: 6/7/2021 10:10:27 AM Viewed: 6/23/2021 8:36:51 AM Signed: 6/23/2021 8:38:43 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 8:38:46 AM Viewed: 6/23/2021 8:39:45 AM Signed: 6/23/2021 8:39:50 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 8:39:54 AM Viewed: 6/23/2021 11:03:38 AM Signed: 6/23/2021 11:04:30 AM Electronic Record and Signature Disclosure: Accepted: 6/23/2021 11:03:38 AM ID: fbc3dc3d-b147-4ea4-aa3c-b251cea86949 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: 6/3/2021 4:09:02 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: 6/7/2021 10:10:27 AM Viewed: 6/7/2021 11:16:25 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 11:04:33 AM Viewed: 6/23/2021 11:07:23 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Robin Davis Robin.Davis@cityofdenton.com Security Level: Email, Account Authentication (None) Sent: 6/23/2021 11:04:34 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Seth Garcia Seth.Garcia@cityofdenton.com Security Level: Email, Account Authentication (None) Sent: 6/23/2021 11:04:36 AM Viewed: 6/23/2021 11:06:15 AM Electronic Record and Signature Disclosure: Accepted: 5/28/2021 10:51:23 AM ID: b0341a0e-397b-4b00-a58f-337d99f35d4c Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Sent: 6/23/2021 11:04:38 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 6/3/2021 4:04:49 PM Certified Delivered Security Checked 6/23/2021 11:03:38 AM Signing Complete Security Checked 6/23/2021 11:04:30 AM Completed Security Checked 6/23/2021 11:04:38 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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