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6566 - Amendment 4 Executed 6566 PSA – Amendment #4 Page 1 of 2 FOURTH AMENDMENT TO CONTRACT BY AND PIKE ENGINEERING, LLC PSA 6566 THE STATE OF TEXAS § COUNTY OF DENTON § THIS FOURTH AMENDMENT TO CONTRACT 6566 (“Amendment”) by and between the City of Denton, Texas (“City”) and Pike Engineering, LLC. (“Engineer”); to that certain contract executed on September 18, 2018, in the original not-to-exceed amount of $900,000 (the “Original Agreement”); amended on May 4, 2020 to reduce rates due to the effects of COVID aggregating a not-to-exceed amount of $900,000 (the “First Amendment”); amended on May 6, 2021 in the additional amount of $45,000 aggregating a not-to-exceed amount of $945,000 (the “Second Amendment”); amended on July 8, 2021 to restore original contract pricing aggregating a not-to-exceed amount of $945,000 (the “Third Amendment”); (collectively, the Original Agreement, the First Amendment, the Second Amendment, and the Third Amendment are the “Agreement”) for services related to DME Engineering Design Services. WHEREAS, the City deems it necessary to further expand the services provided by Engineer to the City pursuant to the terms of the Agreement, and to provide an additional not-to-exceed amount $49,000 with this Amendment for an aggregate not-to-exceed amount of $994,000; and FURTHERMORE, the City deems it necessary to further expand the goods/services provided by Engineer to the City; NOW THEREFORE, the City and Engineer (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 DME Engineering Design Services, are hereby authorized to be performed by Engineer. For and in consideration of the additional services to be performed by Engineer, the City agrees to pay, based on the cost estimate detail attached as a total fee, including reimbursement for non-labor expenses an amount not to exceed $49.000. 2. This Amendment modifies the Agreement amount to provide an additional $49,000 for the additional services with a revised aggregate not to exceed total of $994,000. DocuSign Envelope ID: 64C5FB2E-124E-425D-B337-A06CAB12BFE6 6566 PSA – Amendment #4 Page 2 of 2 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 Engineer, have each executed this Amendment electronically, by and through their respective duly authorized representatives and officers on this date _________________________. “Engineer” PIKE ENGINEERING, LLC By: _________________________________ AUTHORIZED SIGNATURE, TITLE “CITY” CITY OF DENTON, TEXAS A Texas Municipal Corporation 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: 64C5FB2E-124E-425D-B337-A06CAB12BFE6 Senior BuyerChrista Christian Director of Operations Electric Antonio Puente DME General Manager 10/13/2021 October 7, 2021 Mr. Doug Breon 601 E Hickory St. Denton, TX 76205 Subject: Relocation of utility lines for IH-35 road improvements in the City of Denton, Texas Dear Doug, Thank you for the opportunity to provide an additional bid proposal for the engineering design on the relocation of Denton Municipal Electric overhead and underground facilities. This proposal is based on the Scope of Services discussed in our meeting on 10/05/2021. Pike Engineering, LLC is committed to the success of all our clients. We appreciate the opportunity to serve Denton Municipal Electric (DME) and the City of Denton. If you have any questions regarding our submittal, please feel free to call me. Sincerely, Duane M. Deeds Operations Manager II 4001 Airport Freeway Bedford, TX 76021 Phone: 817-685-2615 Cell: 512-365-4531 ddeeds@pike.com DocuSign Envelope ID: 64C5FB2E-124E-425D-B337-A06CAB12BFE6 EXHIBIT A I. Scope of Services Denton Municipal Electric (DME) has overhead and underground facilities in and adjacent to road rights-of-way along I-35 at Loop 288 and Highway 77 in Denton, Texas. Most facilities must be relocated prior to TXDOT beginning construction. Pike Engineering LLC (Pike) will provide engineering services for Denton Municipal Electric (DME) in coordination with DME and TXDOT for this project once a P.O. is issued by the City of Denton/DME. This P.O., once issued, will allow Pike to provide continued engineering support to DME for tasks associated with DME’s I-35 TXDOT project, including the sealing of any Pike Engineering overhead (OH) designs by a Texas licensed P.E. Any new and existing Designs will continue to be delivered as discussed by our engineer and DME. Pike will prepare any requested city, county and TXDOT permits associated with the engineering plans. Also, Pike will prepare any requested pulling calculations and staking sheets. Pike will continue to coordinate with DME, TXDOT any contracted Project Management team as requested. It is understood that the DME preferred contract surveying firm, Teague, Nall, & Perkins (TNP), will directly bill DME for any work required for this project. DocuSign Envelope ID: 64C5FB2E-124E-425D-B337-A06CAB12BFE6 II. Quote and Rate Schedule: Billing for this project is not to exceed $49,000.00 for work completed as described in the Scope of Services. If the Scope of Services change, a change order or modification to the P.O. will be submitted, and additional billing may occur at an agreed amount between Pike Engineering and Denton Municipal Electric (DME) and/or the City of Denton. Proprietary information prepared exclusively for Denton Municipal Electric (DME) and/or the City of Denton. Use of this information is limited to only those representatives of Denton Municipal Electric (DME) and/or the City of Denton involved in the evaluation, award, or implementation of this bid proposal. Use by any other party(s) and/or for any additional purposes(s) is prohibited. Upon acceptance by Denton Municipal Electric (DME) and/or the City of Denton of Pike Engineering’s proposal, Pike Engineering will proceed with work as described in the Scope of Services once a P.O. is issued. DocuSign Envelope ID: 64C5FB2E-124E-425D-B337-A06CAB12BFE6 Labor and Equipment Schedule/Other Rates 1All labor rates are fully burdened and are effective until 02/13/2022 per the Letter of Agreement Contract 6566 dated 07/08/2021. 2 Rate is determined as published by the IRS. Vehicles include Pike Engineering - provided vehicles and/or personal/rental vehicles, as needed. This rate includes fuel, maintenance/repairs and is subject to change if IRS rates are changed. Per Diem will only be charged if personnel are used from outside the immediate area of north Texas. DocuSign Envelope ID: 64C5FB2E-124E-425D-B337-A06CAB12BFE6 III. Terms and Conditions 1. Billing for labor is described as follows: a. The first forty (40) hours worked by an employee per “Work Week Period” will be billed at the Regular Hourly Rate. b. All hours worked in excess of forty (40) hours, including travel to/from job sites and/or off-site meeting location(s), will be billed at the applicable overtime hourly rate. Overtime hourly rate will not be billed at overtime rate unless approved by Denton Municipal Electric (DME) and/or the City of Denton. c. Pike Engineering defines a “Work Week Period” as beginning on Sunday @ 12:01am and ending on Saturday @ 12:00 midnight. Pike Engineering does not have a double time provision. 2. Vehicle rate is based on the published rate by the Internal Revenue Service for each mile vehicle is used during travel to, during, and returning from job site and off-site meeting locations. The vehicle will be sufficiently marked with Pike Engineering identification and type typically used in the utility industry. 3. Invoices will be issued to the City of Denton bi-weekly until completion of the project, total amount not to exceed quote listed in section II unless approved by Denton Municipal Electric (DME) and/or the City of Denton with a change order or modification to the P.O. DocuSign Envelope ID: 64C5FB2E-124E-425D-B337-A06CAB12BFE6 Certificate Of Completion Envelope Id: 64C5FB2E124E425DB337A06CAB12BFE6 Status: Completed Subject: Please DocuSign: 6566 DME Engineering Services Amendment 4 Source Envelope: Document Pages: 7 Signatures: 3 Envelope Originator: Certificate Pages: 5 Initials: 0 Christa Christian AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 901B Texas Street Denton, TX 76209 Christa.Christian@cityofdenton.com IP Address: 198.49.140.104 Record Tracking Status: Original 10/12/2021 4:20:37 PM Holder: Christa Christian Christa.Christian@cityofdenton.com Location: DocuSign Signer Events Signature Timestamp Christa Christian christa.christian@cityofdenton.com Senior Buyer City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Sent: 10/12/2021 4:28:14 PM Viewed: 10/12/2021 4:28:23 PM Signed: 10/12/2021 4:28:30 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Sherri Naumann snaumann@pike.com Director of Operations Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 104.218.24.18 Sent: 10/12/2021 4:28:31 PM Viewed: 10/12/2021 4:30:04 PM Signed: 10/12/2021 4:37:27 PM Electronic Record and Signature Disclosure: Accepted: 10/12/2021 4:30:04 PM ID: d43a6acc-3367-4e22-9fa5-4ad869554956 Antonio Puente Antonio.Puente@cityofdenton.com DME General Manager Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 47.184.110.241 Sent: 10/12/2021 4:37:28 PM Viewed: 10/12/2021 4:43:53 PM Signed: 10/12/2021 4:44:10 PM Electronic Record and Signature Disclosure: Accepted: 10/12/2021 4:43:53 PM ID: 95375839-7365-4335-9f5e-c5d3a8d75101 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: 10/12/2021 4:44:12 PM Viewed: 10/13/2021 10:28:35 AM Signed: 10/13/2021 10:28:44 AM 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 Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Sent: 10/12/2021 4:44:11 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Sam Mall sam.mall@cityofdenton.com Security Level: Email, Account Authentication (None) Sent: 10/13/2021 10:28:46 AM Electronic Record and Signature Disclosure: Accepted: 9/2/2021 10:10:51 AM ID: b35c4a0e-0df0-4c2f-8235-cae9e191e9f8 Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 10/12/2021 4:28:14 PM Certified Delivered Security Checked 10/13/2021 10:28:35 AM Signing Complete Security Checked 10/13/2021 10:28:44 AM Completed Security Checked 10/13/2021 10:28:46 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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