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Exhibit 1 - Agenda Information Sheet - Amendment 3City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Procurement & Compliance ACM: David Gaines DATE: November 16, 2021 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of a third amendment to a Professional Services Agreement between the City of Denton and Freese and Nichols, Inc., amending the contract approved by City Council on June 21, 2016, in the not-to-exceed amount of $654,135.00; amended by Amendments 1-2 approved by the City Council and Purchasing; said third amendment for phase 3 archeological recovery tasks and to provide additional design, archeological, environmental services, and railroad coordination for the Hickory Creek Interceptor Phases I and II Project; providing for the expenditure of funds therefor; and providing an effective date (File 6137 – providing for an additional third amendment expenditure amount not-to-exceed $306,994.00, with the total contract amount not-to-exceed $1,316,974.43). The Public Utilities Board recommends approval (6 - 0). INFORMATION/BACKGROUND The Hickory Creek Interceptor Phases I and II Project is a wastewater project that, once completed, will increase the carrying capacity of the primary interceptor for the Hickory Creek Basin. The existing interceptor was installed in the 1980s and does not have adequate capacity to accommodate future growth projected to occur in the Hickory Creek Basin. Once constructed, the new wastewater interceptor line will be approximately 13,000 linear feet and will range in size from 36” to 54.” The City Council authorized the original Professional Services Agreement with Freese and Nichols, Inc. for the design of Hickory Creek Interceptor Phases I and II on June 13, 2016. As part of the Hickory Creek Interceptor Phases I and II project design process, an archeological survey was conducted at the project site in October 2020. Details about the archeological findings identified from the survey were shared through Informal Staff Report 2021-013, which was distributed with the March 5, 2021, Friday Report. On May 25, 2021, the City Council awarded the construction contract for the Hickory Creek Phases I and II Project with Mountain Cascade of Texas, LLC. On August 2, 2021, the City issued the notice to proceed with construction as archeological work and coordination with Union Pacific Railroad (UPRR) continued at the project site. After issuance of the Notice to Proceed with construction, additional Freese and Nichols, Inc. coordination was needed between the contractor and UPRR to address UPRR’s requests for additional information for their design review since the project crosses their rail line. City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com Archeological findings have since been analyzed and resulted in the need for data recovery, this determination was made by the Texas Historical Commission (THC). The Freese and Nichols, Inc. team has been instrumental in providing archaeological resources to coordinate THC requirements to ensure findings are properly addressed. Data recovery is generally undertaken for archeological sites that have exceptional significance based on age, features, or potential to provide unique or new data about the past. Data recovery of an archeological site often happens when avoidance or preservation in place is not a viable option, as is the case for the Hickory Creek Interceptor Phases I and II sites. During data recovery, archeologists excavate a site or sites to essentially retrieve the irreplaceable information out of the ground before project construction is completed. City of Denton staff, design consultants, and the construction contractor has been in ongoing communication to address how the data recovery would impact the project budget and schedule as noted in the Informal Staff Report 2021-0713, which was distributed with the September 10, 2021, Friday Report. The exact impacts were unknown at that time while the THC reviewed the proposed Data Recovery scope of processes and procedures. The Interim Report and Data Recovery Scope of Work can be found here: https://www.discussdenton.com/13073/widgets/38879/documents/25371. Archeologists, project engineers, and City staff have worked diligently to explore a variety of avoidance options. However, all feasible options were either costlier and/or more time-consuming than simply conducting excavations to mitigate effects to the archeological sites in the current easement alignment. The THC approved the proposed data recovery scope for the Hickory Creek Interceptor Phases I and II Project in early October 2021. The purpose of the proposed amendment is to provide the additional design, environmental, and archeological services associated with the archeological findings and the data recovery as approved by the THC to ensure full compliance with the National Historic Preservation Act and the Antiquities Code of Texas. The remaining efforts associated with the archeological data recovery will be performed at the same time as construction. Description Amendment 3 Pricing Basic Services Lump Sum Fee Rail Road $6,400 Basic Services Lump Sum Fee Env/Arch Services $13,436 Special Services Additional Environmental & Archeology $276,428 Special Services Contingency $10,730 Total Not-To-Exceed Amendment No. 3 Amount $306,994 PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On June 21, 2016, City Council approved a contract with Freese and Nichols, Inc., in the not-to-exceed amount of $654,135 (Ordinance 2016-181). On March 23, 2021, City Council approved Amendment No. 1 with Freese and Nichols, Inc., in the not-to- exceed amount of $310,420 (Ordinance 21-490). On July 12, 2021, Purchasing approved Amendment No. 2 with Freese and Nichols, Inc., in the not-to- exceed amount of $45,425.43. On November 8, 2021, the Public Utilities Board (PUB) recommended this item to the City Council for consideration. RECOMMENDATION Award Amendment No. 3 with Freese and Nichols, Inc., for phase 3 archeological recovery tasks and to provide additional design, archeological, environmental services, and railroad coordination for the Hickory Creek Interceptor Phases I and II Project, in a not-to-exceed amount of $306,994, for a total amended contract amount of $1,316,974.43. PRINCIPAL PLACE OF BUSINESS Freese and Nichols, Inc. Fort Worth, TX ESTIMATED SCHEDULE OF PROJECT These services will begin upon approval. FISCAL INFORMATION These services will be funded from Certificates of Obligation Funds. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Original Ordinance and Contract Exhibit 3: Ordinance and Amendment 1 Exhibit 4: Amendment 2 Exhibit 5: Project Schedule Exhibit 6: ISR 2021-013 Exhibit 7: ISR 2021-071 Exhibit 8: Ordinance and Amendment 3 Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Tracy L. Beck, 940-349-8925. Legal point of contact: Marcella Lunn at 940-349-8333.