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19-1620111BURIXTAIRM4OEMf a 10 IM I LA R $182,315, WITH THE TOTAL CONTRACT AMOUNT NOT -TO -EXCEED $667,625). WHEREAS, on June 16, 2009, by Ordinance No. 2009-140, the City awarded a contract to Freese and Nichols, Inc. in the amount of $301,545 for the PEC 4 Drainage Improvements Project WHEREAS, the additional fees under the proposed Eighth Amendment are fair, ante reasonable, and are consistent with and not- • •-• practices and fees #THEREFORE, SECTION 1. The Eight Amendment, increasing the amount of the contract between the City • Freese • Nichols,on office of PurchasingAgent,• of One Hundred Eighty Two Thousand Three Hundred Fifteen and 00/100 ($182,315) Dollars, is amendment. The total contract amount increases to $667,625. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this oadiixiar , was made by alid seconded by :.r�..:_ � � ".�„�m . the ordilUtrice waq passed a'� ' ��l�la��°ova(:� by [lie �� following vote L (v - <2: Mayor Chris Watts: Gerard Hudspeth, District 1: Keely G. Briggs, District 2: Don Duff, District 3: John Ryan, District 4: Deb Armintor, At Large Place 5: v Paul Meltzer, At Large Place 6: w PASSED AND APPROVED this the x Olk day of ! W _ ' . ,: , 2019. w CHRIS l"L. MAYOR ATTEST: RACHEL WOOD, INTERIM CITY SECRETARY BY �° _. ` �. 9 u0 APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY DocuSign Envelope ID: D95DA642-7D47-434E-A05D-F112991392888 Docusign City Council Transmittal Coversheet PSA 4437 File Name PEC 4 Drainage Improvements - Amendment 8 Purchasing Contact Jamie Cogdell City Council Target Date February 4, 2019 Piggy Back Option Not Applicable Contract Expiration NSA Ordinance 19-162 DocuSign Envelope ID: D95DA642-7D47-434E-A05D-F112991392888 Rev. 06/10 �i FREESE AICH0LS CONTRACT CHANGE AUTHORIZATION FORM Amend #8 Client: City of Denton FNI Project No.: DTN09309 901-A Texas Street Denton, TX 76209 Client Contract Ref.: PO 144489 Attn: Lee Perry, P.E. Date: December 10, 2018 Project Description: Upper PEC-4 Drainage Improvements Description of Services Added: Bid document revisions and bid phase services: 1. Bid book revisions due to new City standards 2. Analysis of Bid Results: a. Compare bid results to engineer's OPCC and analyze drivers of overages b. Contact area contractors to discuss ways to make the project more enticing to bidders c. Develop recommended actions to rebid the project and meet with City 3. Hydraulic Analysis for Double Barrel Pipe a. Modify, execute, and analyze results for two -barrel pipe system to replace single barrel 4. Prepare Alternate Design Changes a. Revise upstream transition structure, inlets, and sewer in prairie to accommodate precast b. Evaluate Phase 1/Phase 2 break and add Phase 1/Phase 2 transition structure c. Develop P&P sheets for alternate designs d. Revise/add details for single barrel CIP culvert, double barrel CIP culvert, box embedment, transition structures, and open bottom inlet connections. 5. Clarify/remove conflicting plan notes 6. Develop sequencing plan describing key constraints and how to maintain traffic through construction 7. Update specifications based on previous addenda, prepare alternate bid proposal, and refresh cost estimate 8. A draft of the revisions will be provided to the City for comment before finalizing. 9. Bid Phase services to include attendance at two pre -bid meetings, addressing Q&A and other addenda, and attendance at the bid opening meeting. Deliverables: Final combined bid package. Construction Phase Support Services: 1. The ENGINEER shall visit the project site twice (2) per month as construction proceeds to observe and report on progress. ENGINEER shall prepare and submit a site visit report for each visit (example attached). 2. The ENGINEER shall review shop drawings, samples and other submittals submitted by the contractor for general conformance with the design concepts and general compliance with the requirements of the contract for construction. Such review shall not relieve the Contractor from its responsibility for performance in accordance with the contract for construction, nor is such review a guarantee that the work covered by the shop drawings, samples and submittals is free of errors, inconsistencies or omissions. The ENGINEER shall log and track all shop drawings, samples and other submittals. 3. As requested by the CITY, the ENGINEER shall provide necessary interpretations and clarifications of contract documents, review change orders, and make recommendations as to the acceptability of the work. Assumptions: Construction Phase services include the following assumptions: a. Current Construction Phase Fee is $18,509 and current scope has been attached. b. Two (2) site visits per month c. Construction duration is assumed to be 24 months d. Ten (10) submittal reviews are assumed e. Four (4) RFI's are assumed 4055 INTERNATIONAL PLAZA, SUITE 200 1 FORT WORTH, TEXAS 76109-4895 1 TELEPHONE: 817-735-7300 1 METRO: 817-429-1900 1 FAX: 817-735-7491 DocuSign Envelope ID: D95DA642-7D47-434E-A05D-F112991392888 Rev. 06/10 f. Four (4) Change Orders are assumed g. City will coordinate directly with the contractor regarding Water and Sewer Reviews, RFI's, and Change Orders. Deliverables: Deliverables shall include: a. Submit to the City site visit reports for each visit b. Respond to contractor's request for Information c. Review of change orders d. Review of Shop Drawings Compensation shall be adjusted as follows: Lump Sum: Ninety -Five Thousand Five Hundred Ninety -Six Dollars and No Cents ($95,596). Construction Phase Hourly Not to Exceed: Eighty -Six Thousand Seven Hundred Nineteen Dollars and No Cents ($86,719) Original Contract $485,310 Amended Amount $182,315 Revised Total Contract $667,625 Schedule shall be adjusted as follows: Revised bid package to be provided within 30 days of this authorization. The above described services shall proceed upon return of this Contract Change Authorization. Services will be billed as they are done. All other provisions, terms, and conditions of the agreement for services which are not expressly amended shall remain in full force and effect. ® This Contract Change Authorization will serve as contract modification. FREESE AND NICHOLS, INC.: CITY OF DENTON, TEXAS: DocuSigned by: ocuSigned by: tit�,t AJ4l6B._ E_� BY: BY:� 776C711BAOD454... Thomas Haster Todd Hileman Print or Type Name Print or Type Name TITLE: Principal & Vice -President TITLE: city Manager 2/26/2019 2/26/2019 DATE: DATE: ATTEST: RACHEL WOOD, INTERIM THIS AGREEMENT HAS BEEN BOTH REVIEWED CITY SECRETARY ... S.9-dby: AND APPROVED as to financial and operational (�D , BY B avj_ KC�.a4'�w, obli atD °s¢�ed§y d business terms. 9613 FB6F3�4D3__ Todd Estes APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY SIG 4AE29342DA4B7.._ /PRINTED NAME DocuSigned by: Director/City EngineWtal Projects BY: a �wwA TITLE DEPARTMENT 7F9D328BF0204E5... 4055 INTERNATIONAL PLAZA, SUITE 200 1 FORT WORTH, TEXAS 76109-4895 1 TELEPHONE: 817-735-7300 1 METRO: 817-429-1900 1 FAX: 817-735-7491 N a O N C W c _m U) U O 0 A O H co - - - - rn - - o m - - m - - - - - - N - - o ro - - N r - U3 r U3 m r U3 U3 m co U3 U3 m U3 U3 U3 U3 m U3 U3 u� U3 U3 N U3 U3 u� U3 U3 u� co U3 U3 U3 U3 r r U3 U3 v v U3 U3 � U3 U3 U3 U3 r rn U3 U3 v U3 U3 U3 U3 m r O U3 U3 a N o A w o W w u� m r ro m co oM co u� m m r m v o co N r m m v o N v v r u� m v r m co v y O m x W N W O H U3 U3 U3 U3 U3 U3 U3 U3 U3 U3 U3 U3 U3 U3 U3 U3 U3 U3 U3 U3 U3 U3 U3 U3 U3 U3 U3 U3 U3 U3 - U3 - - - - - - - - - - - - - - - - - - - - - U3 - O U3 - J O A O H O O O v m o v E y d E t� E N v v A m N V V O N N m W E W w a � m n o W 3 � y _ a O o Q - V W y T cl d o N N cl A O >. A U O m m c o s� m s -o Y o m IL 3 Z a o g .y m m F - y u m 2 n.y m m y o U m c m o A> v o -O m E m N E O >, N `m n •• y y 0 m ,�' N= O a' m m A y o ao m a s c s E m o m o o_ U m a v s E y t E m 'y '> N >. A- C� `0 L 3 A m 0 w w a. o fl- 41 .� m m L m a_ y Q A E a m p� 30 cl U A a m N E m E c 'E a� S o °� U� 3 N s E m U w a� O N y c o U 4 (n w y a d C7 O -o O u O o a F .. Q ._ a c w .' --- y °� o a �' N o y - °' N o ._ m y> w O x o U y Q o o m y o U y1 :° E Y o y o m- N t a y> _ y 3 m w m w> > >-o N N s > "6 N >> m> N N L >-o N N "6 c E m>. W N "6 .. v'=> W— N A �Y a W -o N "6 > N N m v m-o "6 m B c O m> •• N w m m U m o ¢ of of __ C) y1 D 0 a U U a o m a a a u y A w y A L o. oo m 0 'o U / § / 0 ________________________________________________ § § o ze: f«7 \o/` o /\ x % , w )t 77wC) \§f _ 3 /%) /{7\)co _� _ _ }2:Kf} :y&e « rye , % raE:�: - 2 } \}}\�\ ` \\}\� _``��\��\�o \\\\ �� --- :-- -- §o [:{ ®, - — f 33f3ƒ / !«ƒƒƒ7!ƒƒ±{ƒ±7 3z;: f%±J3\ ƒ;7±!ƒ N d O N C W C _m U) U O 0 vrm o N u o M covv v M M v LL� M v n V W O V o ro O V N V N N of V of (O M V I� (O M W f0 OD N O N v a "a m QQQ A 6 Q N a U L o L E O N o °� U(oK N O 0I N C U 3 N N L 0 o N � O — W N N U y w a fn X U W w m U A N � m A ~ N O A w O W a E Z m E A z N Z N Z N O O U W N N Cr A � > j N 6 N N � C U U N a a N a+ O N y N C LL V U_ jZ n O N T C N Z Q O U N A o Q m m E U N m m - > o 4 N TU O 2 E 3 O A n m Q F Y ¢ o a C - m ~� (n m� ma Um m � N A w N A L a O W A H a w `O A w o W w N A C 0 O X W O A J O N W O H U3 U3 U3 U3 U3 U3 U3 U3 U3 U3 f9 O 2 A O H 3 E N N C E N A � N W O W O ` � x a W � y O N U N A a A H N H w N A L a 0 a 0 w c a) cn U O 0 ■n 0111111111111 0111111111111 EIIIIIIIIIIII 0111111111111 0111111111111 0111111111111 DocuSign Envelope ID: D95DA642-7D47-434E-A05D-F112991392888 Exhibit 1 House Bill 89 - Government Code 2270 VERIFICATION I Thomas Haster , the undersigned representative of Freese and Nichols inc. Company or Business name (hereafter referred to as company), being an adult over the age of eighteen (18) years of age, verify that the company named -above, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract the above -named Company, business or individual with City of Denton. Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes; and 2. "Company" means a for profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Thomas Haster Name of Company Representative (Print) DocuSigned by: bwAaS hsfw F5A786 _ Signature of Company Representative 1/14/2019 Date DocuSign Envelope ID: D95DA642-7D47-434E-A05D-F112991392888 Exhibit 2 Senate Bill 252 -Government Code 2252 CERTIFICATION I Thomas Haster , the undersigned representative of Freese and Nichols Inc. (Company or business name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above -named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Denton's Materials Management Department. Thomas Haster Name of Company Representative (Print) Iu&9 n,, d by: .A7-Q... Signature of Company Representative 1/14/2019 Date Certificate Of Completion Envelope Id: D95DA6427D47434EA05DF112991392888 Subject: Please DocuSign: City Council Contract 4437 PEC 4 Drainage Improvements - Amendment 8 Source Envelope: Document Pages: 9 Signatures: 7 Certificate Pages: 6 Initials: 0 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) Record Tracking Status: Original 1/4/2019 8:48:48 AM Signer Events Jamie Cogdell jamie.cogdell@cityofdenton.com Senior Buyer City Of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Mack Reinwand mack.reinwand@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Thomas Haster thomas.haster@freese.com Vice President Freese and Nichols Inc. Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 1/14/2019 5:17:24 PM ID:5905ea28-ae95-4caa-bdcf-fObc9cf44d24 Todd Estes todd.estes@cityofdenton.com Director/City Engineer Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 1/14/2019 5:38:06 PM ID:7669bb1d-f365-436a-91b8-bd556cOdcafa Holder: Jamie Cogdell Jamie. Cogdell@cityofdenton.com Signature Completed Using IPAddress: 129.120.6.150 [D—Si,ned by: 7F9D328BF0204E5... Signature Adoption: Pre -selected Style Using IPAddress: 129.120.6.150 DDocuSigned by: I aWLS t�xsf V' C3D62CF5A78646B... Signature Adoption: Pre -selected Style Using IPAddress: 97.75.108.6 [D*,uSi,n,d by: 4EA1529342DA4B7... Signature Adoption: Drawn on Device Using I P Address: 47.190.47.120 Doclut S 9 C U a 9 0 Status: Completed Envelope Originator: Jamie Cogdell 901 B Texas Street Denton, TX 76209 Jamie.Cogdell@cityofdenton.com IP Address: 129.120.6.150 Location: DocuSign Timestamp Sent: 1/4/2019 8:54:04 AM Viewed: 1/4/2019 8:54:21 AM Signed: 1/4/2019 8:55:35 AM Sent: 1/4/2019 8:55:38 AM Viewed: 1/7/2019 12:12:02 PM Signed: 1/8/2019 3:32:24 PM Sent: 1/8/2019 3:32:26 PM Viewed: 1/14/2019 5:17:24 PM Signed: 1/14/2019 5:17:55 PM Sent: 1/14/2019 5:17:58 PM Viewed: 1/14/2019 5:38:06 PM Signed: 1/15/2019 12:10:32 PM Signer Events Tabitha Millsop tabitha.millsop@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Todd Hileman Todd. Hileman@cityofdenton.com City Manager City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 7/25/2017 11:02:14 AM ID: 57619fbf-2aec-4b 1 f-805d-6bd7d9966f21 Jane Richardson jane.richardson@cityofdenton.com Assistant City Secretary City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Editor Delivery Events Agent Delivery Events Intermediary Delivery Events Certified Delivery Events Carbon Copy Events Sherri Thurman sherri.thurman@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jane Richardson jane.richardson@cityofdenton.com Assistant City Secretary City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Signature Completed Using IPAddress: 129.120.6.150 [D—Si,ned by: B77SC711BAOD454... Signature Adoption: Pre -selected Style Using IPAddress: 129.120.6.150 UD*,uSi,n,d by: I XA,, �tGG,a�V'a,W, F96137F96F3D4D3... Signature Adoption: Pre -selected Style Using IPAddress: 129.120.6.150 Signature Status Status Status Status Status Timestamp Sent: 1/15/2019 12:10:35 PM Viewed: 2/27/2019 8:41:17 AM Signed: 2/27/2019 8:45:20 AM Sent: 2/27/2019 8:45:25 AM Viewed: 2/27/2019 9:27:04 AM Signed: 2/27/2019 9:27:10 AM Sent: 2/27/2019 9:27:12 AM Viewed: 2/27/2019 9:56:58 AM Signed: 2/27/2019 9:57:31 AM Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Sent: 1/4/2019 8:55:37 AM Sent: 2/27/2019 8:45:23 AM Carbon Copy Events Jennifer Bridges jennifer.bridges@cityofdenton.com Procurement Assistant City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jane Richardson jane.richardson@cityofdenton.com Assistant City Secretary City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Annie Bunger annie.bunger@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Lee Perry lee. perry@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Notary Events Envelope Summary Events Envelope Sent Certified Delivered Signing Complete Completed Status Signature Status Hashed/Encrypted Security Checked Security Checked Security Checked Timestamp Sent: 2/27/2019 9:57:33 AM Sent: 2/27/2019 9:57:34 AM Viewed: 2/27/2019 10:01:25 AM Sent: 2/27/2019 9:57:35 AM Sent: 2/27/2019 9:57:37 AM Timestamp Timestamps 2/27/2019 9:57:37 AM 2/27/2019 9:57:37 AM 2/27/2019 9:57:37 AM 2/27/2019 9:57:37 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: Thomas Haster, Todd Estes, Todd Hileman 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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