21-1213FILE REFERENCE FORM
X Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
FILE(S)
Created by Ordinance 2012-147
Amendment 1
Amendment 2
Amendment 3 by Ordinance 18-1667
Amendment 4 by Ordinance 19-840
Amendment 5
Amendment 6 by Ordinance 21-1213
Date
07/17/2012
08/01/2014
06/29/2017
10/16/2018
04/23/2019
05/14/2020
06/22/2021
Initials
CW
CW
CW
CW
CW
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CW
ORDINANCE NO. 21-1213
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION. AUTHORIZING THE APPROVAL OF A SIXTH AMENDMENT TO A
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND
FREESE AND NICHOLS, INC., AMENDING THE CONTRACT APPROVED BY CITY
COUNCIL ON JULY 17, 2012, IN THE NOT-TO-EXCEED AMOUNT OF $435,701.00,
AMENDED BY AMENDMENTS 1-5 APPROVED BY THE CITY MANAGER, CITY COUNCIL,
AND PURCHASING, SAID SIXTH AMENDMENT TO PROVIDE ENGINEER[NG AND
INSPECTION RELATED SERVICES FOR THE NORTH-SOUTH PHASE II AND III 36-
INCH/42-INCH WATER TRANSMISSION LINE PROJECT FOR THE CAPITAL PROJECTS
AND WATER UTILITIES DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 4978 – PROVIDING FOR AN
ADDITIONAL SIXTH AMENDMENT EXPENDITURE AMOUNT NOT-TO-EXCEED
$619,840.00, WITH THE TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $1,672,4 11.60).
WHEREAS, on July 17, 2012, by Ordinance No. 2012-147, the City awarded a contract to
Freese and Nichols, Inc. in the amount of $435,701.00 for the North-South Water Main Phases II
and Ill Project; and
WHEREAS, the additional fees under the proposed Sixth 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 Sixth 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
Six Hundred Nineteen Thousand Eight Hundred Forty and 00/100 ($619,840.00) 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 $1,672,411.60.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by p&d \ N\t\tIe< and
seconded by U ice; B lsd . This ordinance was passed and approved by the
following vote [L - a:
Aye
V/
7
Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck. District 2:
Jesse Davis. District 3 :
Alison Maguire, District 4:
Deb Annintor, At Large Place 5 :
Paul Meltzer, At Large Place 6:
1
,./
PASSED AND APPROVED this th,Hd day of TRAc , 2021
ATTEST:
ROSA RIOS, CITY SECRETARY
n\\bIll IItOF D
pe•••eI:+••
; a +::
APPROVED AS TO LEGAL FORM:
CATHERINE CLIFTON, INTERIM CITY ATTORNEY
D4Rally stared by Marcella Lunn
DR dc=corrb
ot+Dqnrtrnent Users and C)oup8, oud+neral
(k>vemrnent ou=Legal, al=Marcella Lunn,
Date: 2021 Q6 07 15:36:11 IS'00
DocuSign Envelope ID: 43F76E47-F1894BA6-B4F9-81980A8AOOB2
DENTON
Docusign City Council Transmittal Coversheet
4978
North South Water Main Design - Amendment #6
PSA
File Name
Purchasing Contact CQr1 PQwer
City Council Target Date JUNE 22’ 2021
Piggy Back Option
Contract Expiration
Ordinance
Not Appllcab1 e
N/A
El– EILAJ
DocuSign Envelope ID: 43F76E47-F1894BA6-B4F9-81980A8A00B2
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, 20 17 in the additional amount of $53,800 aggregating
a not-to-exceed amount of 55 16,155 (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 Ill 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.
4978 PSA – Amendment #6 Page 1 of 2
DocuSign Envelope ID: 43F76E47-F1894BA6-B4F9-81980A8AOOB2
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 06/22/2021
“Consultant”
“CITY”
FREESE AND NICHOLS, ngc.
CITY OF DENTON, TEXAS
A Texas Municipal CorporationDocuSigned by:B
ltdBIas ths(tF vi ce President
TX'a
'DocuSigned by:
Byl hK H&B&MWmmFMIMR
APPROVED AS TO LEGAL FORM:
CATHERINE CLIFTON, INTERIM CITY
MANAGER
ATTEST:
ROSA RIOS, CITY SECRETARY
IC5CA8C5EI 75493
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
Rebecca Dl vi ney
PRINTED NAME
Di rector of Capita1 projects/Clty Englneer
TITLE
Capita1 projects/Engineer1 ng
DEPARTMENT
4978 PSA – Amendment #6 Page 2 of 2
DocuSign Envelope ID: 43F76E47-F1894BA6-B4F9-81980A8A00B2
Bn51iFi8Fs Exhibit A PROFESSIONAL SERVICES AGREEMENT
PROJECT AMENDMENT #6
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. 1f 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
Basic Services
SpecIal Services
Resident Rep Services Ph II
Resident Rep Services Ph III
Current Contract Amount
$451,313.60
$215,554.00
$233,068.00
$152,636.00
$1,052,571.60
Amended Amounts
$48,471.00PH2
$219,573.00PH3
$72,424.00PH2
$279,372.00PH3
$619,840.00
Revised Contract Amounts
$499,784.60
$435,126.00
$305,491.00
$432,008.00
$1,672,411.60
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
DocuSign Envelope ID: 43F76E47-F1894BA6-B4F9-81980A8A00B2
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
DocuSigned by:
SMA Healy
5236DB296270423.
Sara Hensley
BY:
Thomas Haster
Print Name Print Name
TITLE: vi ce President TITLE:SARA HENSLEY, INTERIM CITY MANAGER
DATE. 6/4/2021 DATE. 6/23/2021
L:\Client\OLCR\D\Denton\DTN 12314\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
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