21-1193ORDINANCE NO. 21-1193
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE APPROVAL OF A FIFTH AMENDMENT TO A
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND
FREESE AND NICHOLS, INC., AMENDING THE CONTRACT APPROVED BY CITY
COUNCIL ON DECEMBER 5, 2017, IN THE NOT-TO-EXCEED AMOUNT OF $1,529, 180.00;
AMENDED BY AMENDMENTS 1, 2, 3, AND 4 APPROVED BY CITY COUNCIL AND
PURCHASING; SAID FIFTH AMENDMENT TO PROVIDE ADDITIONAL PROFESSIONAL
AND CONSTRUCTION SERVICES FOR THE LAKE LEWISVILLE WATER TREATMENT
PLANT PHASE II PROJECT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE (FILE 6305 – PROVIDING FOR AN ADDITIONAL
FIFTH AMENDMENT EXPENDITURE AMOUNT NOT-TO-EXCEED $229,777.00, WITH THE
TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $2,219,307.00).
WHEREAS, on December 5, 2017, by Ordinance No. 2017-378, the City awarded a contract
to Freese and Nichols, Inc. in the amount of $1,529,180.00 for engineering design services relating
to the design, bid phase, and construction services for the Lake Lewisville Water Treatment Plant
Phase II Rehabilitation project, which includes the design of a new main electrical control building,
drainage improvements, zebra mussels control measures for both Lake Ray Roberts and Lake
Lewisville raw water pump stations, and additional upgrades to improve operations of the water
treatment plant; and
WHEREAS, on August 8, 2018, the City awarded a First Amendment to Freese and Nichols,
Inc. in the amount of $21,965.00 for additional scope of work for the surveying, geotechnical,
structural, and civil engineering design services that pertain to the installation of separate buildings
for the high service pumps stations, electrical switchgear, and additional site boundaries to
accommodate the new Administration building, and
WHEREAS, on January 3, 2019, the City awarded a Second Amendment to Freese and
Nichols, Inc. in the amount of $18,405.00 for additional design efforts for the high service pump
station clearwell, additional dripmaster systems, and sump pump systems for the Lake Lewisville
Raw Water Pump station discharge vaults, and
WHEREAS, on December 3, 2019, the City awarded a Third Amendment to Freese and
Nichols, Inc. in the amount of $419,980.00 for RPR (Resident Project Representative) services, and
WHEREAS, on May 14, 2020, the City awarded a Fourth Amendment to Freese and Nichols,
Inc. for a 10% invoice reduction due to reduced labor rates, and
WHEREAS, the additional fees under the proposed Fifth Amendment are fair and reasonable
and are consistent with, and not higher than, the recommended practices and fees applicable to the
Provider’s profession, and such fees do not exceed the maximum provided by law; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Fifth Amendment, increasing the amount of the contract between the City
and Freese and Nichols, Inc., which is on file in the office of the Purchasing Agent, in the amount of
Two Hundred Twenty-Nine Thousand Seven Hundred Seventy-Seven and 00/100 ($229,777.00)
Dollars, is hereby approved, and the expenditure of funds therefor is hereby authorized in
accordance with said amendment which shall be attached hereto. The total contract amount
increases to $2,219,307.00.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by 'hvUba= {– and
seconded by V iCE; B\\\ & . This ordinance was passed and approved by the
following vote n - C2] :
Aye
a
,/
V/
Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck, District 2:
Jesse Davis, District 3 :
Alison Maguire, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED thI, th, ITg d,y ,f =or\ C _, 2021.
GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
n\bIll tIllOF D
+e•+
-A
APPROVED AS TO LEGAL FORM:
CATHERINE CLIFTON, INTERIM CITY ATTORNEY
DEi LacIs:7:edc=:ty:;::=o=,ndnc<odad
\\F,LVatJ~i.\ \,IUVb =::;:f:F='Uz‘By• email=Fella'Lunn@dtyqfeFon'com1 ’ 1 • _ Date: 2021.05.1816:37:40-05'Q0'
DocuSign Envelope ID: 4032AF5C-B62443E5-AC00-FDD6CA20B035
bENTON
Docusign City Council Transmittal Coversheet
6305PSA
File Name I LLWrp IMPROVEMENTS PH
P„rchasi„g Contact c 'y;t'1 w ''tb'''k
CityC,,„,iIT,rget Date JUNE 22’ 2021
Piggy Back Option
Contract Expiration
Ordinance
Not Applicab1 e
N/A
21-1193
DocuSign Envelope ID: 4032AF5C-B624-43E5-AC00-FDD6CA20B035
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
6305 PSA – Amendment #5 Page 1 of 2
DocuSign Envelope ID: 4032AF5C-B62443E5-AC00-FDD6CA20B035
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
82,219,307.
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, &a2999;b19ugh their respective duly authorized representativesand officers on this date
“CONSULTANT”
FREESE AND NICHOLS, INC.“CITY”
DocuS}gned by:
By:1 %aMAS k&hr
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
'DocuSigned by:
By: I h H%&
V1 ce President
AUTHORIZED SIGNATURE, TITLE
SARA HENSLEY, INTERIM CITY
MANAGERAPPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
ATTEST:
ROSA RIOS, CITY SECRETARY
By:’DocuSigned by:
R%4R&%
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
Stephen D. Gay
SIGNATURE PRiNTED NAME
Director , Water and Wastewater
TITLE
water and Wastewater
DEPARTMENT
6305 PSA – Amendment #5 Page 2 of 2
Docu Envelope ID: 4032AF5C-B624431
Innovative approachesFREESE
=IUICHOLSMEMORANDUM Practical results
Outstanding service
101 S. Locust Street, Suite 202 + Denton, Texas 76201 + 940-220-4340 + FAX 817-735-7491 www.freese.com
Pritam Deshmukh, P.E
Chris Campbell
James Naylor, P.E., BCEE
David Jackson, P.E., BCEE
Professional Services Agreement Amendment No. 5
FROM
SUBJECT.
PROJECT Lake Lewisville Water Treatment Plant
Improvements Phase II
March 23, 2021
Scott Cole, P.E
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
• Change Order No. 2
• Change Order No. 3
14 days
145 days
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
Design and construction support services associated with the Hickory Creek Fire Department
comments regarding the Lake Lewisville Raw Water Pump Station site
General construction phase services for monthly construction meetings, site visits, and office
support for the project extension
Part-time resident project representation associated with the Lake Lewisville WTP
Improvements Phase II project
Part-time resident project representation related to the Lake Lewisville WTP Dewatering
Improvements project
Task D.
Task E.
Task F.
Task G,
1
DocuSign Envelope ID: 4032AF5C-B62443E5-AC00-FDD6CA20B035
Lake Lewisville Water Treatment Plant Improvements Phase II
Professional Services Agreement Amendment No. 5
March 23, 2021
Page 2 of 3
An explanation of each of the tasks is provided below:
Task A.
Task B.
Project Management to support the project extension from April 2021 through September
2021 (six months)
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.
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).
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.
Part-time resident project representation associated with the Lake Lewisville WTP Dewatering
project
•
•
Task E.
Task F.
•
Task G
2
DocuSign Envelope ID: 4032AF5C-B624J13E5-AC00-FDD6CA20B035
Lake Lewisville Water Treatment Plant Improvements Phase
Professional Services Agreement Amendment No. 5
March 23, 2021
Page 3 of 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 orrln
A. Project Management $7,188 Lump Sum
B. Lake Lewisville WTP Sky-Trak Support $7,845
$10,956
Lump Sum
Lump SumC. 30-inch and 36-inch Offsite Gate Valve Support
D. Lake Lewisville Raw Water Pump Station Hickory Creek
Fire Department Items $18,503 Lump Sum
E. General Construction Phase Services Extension $53,625
$107,719
Lump Sum
F. Part-Time Resident Project Representation (Lake
Lewisville WTP Improvements Phase II)
G. Part-Time Resident Project Representation (Lake
Lewisville WTP Dewatering Improvements)
Cost Plus Multiplier
(Time and Material)
Cost Plus Multiplier
(Time and Material)$23,938
$229,777Amendment No. 5 Total