21-2440FILE REFERENCE FORM
X Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
FILE{S}
Date Initials
Contract awarded by Ordinance 2016-181
06/21/2016
CW
First Amendment to the contract by Ordinance 21-490
03/23/2021
CW
Second Amendment to the contract
07/12/2021
CW
Third Amendment to the contract 21-2440
11/16/2021
CW
21-2440
ORDINANCE NO.
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)0
WHEREAS, on June 21, 2016, by Ordinance No. 2016-18 1, the City awarded a contract to
Freese and Nichols, Inc., in the amount of $654,135 for engineering services related to the Hickory
Creek Interceptor Phases I and II Project; and
WHEREAS, on March 23, 2021, by Ordinance No. 21-490, the City awarded Amendment 1
to Freese and Nichols, Inc., in the amount of $310,420 for engineering design, archeological, and
environmental services for the Hickory Creek Interceptor Phases I and 11 Project; and
WHEREAS, on July 12, 2021, the City awarded Amendment 2 to Freese and Nichols, Inc., in
the amount of $45,425.43 for additional engineering services for the Hickory Creek Interceptor
Phases I and II Project; and
WHEREAS, the additional fees under the proposed Third 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 Third 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
Three Hundred Six Thousand Nine Hundred Ninety -Four and 001100 ($306,994.00) 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 $1,316,974.43.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
The motion to apTAq
e this ordinance was made by � \ � 5on MGQo, C� and
seconded by Se. �� C. ,i S This ordinance was passed and approved by the
following vote [_(b - � ] :
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:
Aye Nay
V11
Abstain Absent
PASSED AND APPROVED this the bday of t-kp\1em\ '2021.
ATTEST:
ROSA RIOS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Digitally signed by Marcella Lunn
DN: cn=Marcella Lunn, o, ou=City
of Denton,
BY: emall=ma rcella.lun n@cityofdent
7rrnmn, cmis
Date: 2021.10.2910:39:03 -05'00'
GERARD HUDSPETH, MAYOR
DocuSign Envelope ID: E5A9C666-E32A-4D7D-A80D-8F488EFF3321
CITY
OF
DENTON
Docusign City Council Transmittal Coversheet
PSA
6137
File Name
Hickory Creek interceptor z & II Amendment 3
Purchasing Contact
Cori Power
City Council Target Date
NOVEMBER 16, 2021
Piggy Back Option
Not Applicable
Contract Expiration
"/A
Ordinance
21-2444
E
DocuSign Envelope ID: E5A9C666-E32A-4D7D-A80D-8F488EFF3321
THIRD AMENDMENT TO CONTRACT
BY AND BETWEEN THE CITY OF DENTON, TEXAS
AND FREESE AND NICHOLS, INC.
PSA 6137
THE STATE OF TEXAS §
COUNTY OF DENTON §
THIS THIRD AMENDMENT TO CONTRACT 6137 ("Amendment") by and
between the City of Denton, Texas ("City") and Freese and Nichols, Inc. ("Engineer"); to
that certain contract executed on June 21, 2016, in the original not -to -exceed amount of
$654,135 (the "Original Agreement"); amended on March 23, 2021 in the additional
amount of $310,420 aggregating a not -to -exceed amount of $964,555 (the "First
Amendment"); amended on July 12, 2021 in the additional amount of $45,425.43
aggregating a not -to -exceed amount of $1,009,980.43 (the "Second Amendment")
(collectively, the Original Agreement, the First Amendment, and the Second Amendment
are the "Agreement") for services related to the installation of the Hickory Creek
Interceptor, Phases I and II.
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 $306,994 with this Amendment for an aggregate not -to -exceed
amount of $1,316,974.43; 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 Hickory Creek Interceptor, Phases I and Il, 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 Exhibit "A", a total fee, including reimbursement for non -labor
expenses an amount not to exceed $306,994.
6137 PSA — Amendment #3 Page 1 of 2
DocuSign Envelope ID: E5A9C666-E32A-4D7D-A84D-BF488EFF3321
2. This Amendment modifies the Agreement amount to provide an additional
$346,994 for the additional services with a revised aggregate not to exceed total of
$1,316,974.43.
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 11/16/2021
"Engineer"
FREESE AND NICHOLS, INC.
"CITY"
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
DocuSigned by: DocuSigned by:
By: Scoff "Mils,
By: H"44
SCOL D60D428... 5236DQ296270423...
Principal/Vice PresiA HENSLEY, INTERIM CITY MANAGER
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
QocuSigned by:
t 115E .
Rebecca Diviney
PRINTED NAME
Director of capital Projects/City Engineer
TITLE
capital Projects - Engineering
DEPARTMENT
ATTEST:
ROSA RIOS, CITY SECRETARY
DocuSigned by:
1C5CA8C5E175493...
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
DacuSigned by:,'', • , -
BY:�
6137 PSA — Amendment #3 Page 2 of 2
5805 Main St., Suite B + Frisco, Texas 75034 + 972-624-9201 + FAX 817-735-7491 www.freese.com
October 13, 2021
Ms. Tracy Beck, PE
Project Manager
City of Denton
901-A Texas Street
Denton, TX 76209
Delivered via email to: Tracy.Beck@cityofdenton.com
Re: Hickory Creek Interceptor Phase 1 & 2, Purchase Order No. 177323
Engineering Services Amendment No. 3, Additional RR Coordination and Archeology Services
Dear Ms. Beck:
Freese and Nichols, INC. (FM) is currently under contract for the engineering of the above -referenced
project. In completion of the final design documents, FNI incurred additional unanticipated out of scope
coordination and archeological effort. Below are a few areas where additional effort was provided:
Additional RR Coordination
a. Union Pacific Railroad (UPRR) required additional information prior to approval of the
permit.
b. Review of updated AREMA standards to compile responses to UPRR.
c. Coordination meeting with Mountain Cascade and Skaggs (tunneling sub) to prepare
information to provide UPRR.
Additional Environmental & Archeology Services
a. Additional coordination meetings with Archeologist and City of Denton.
b. Archaeological Coordination - FNI will subcontract and coordinate with Acacia Heritage
Consulting who will conduct Phase 3 Data Recovery on the two known archeological
sites along the project site which includes development of work plan and permitting,
field work, analysis and reporting and curation (See attached "Proposal to Conduct Data
Recovery at Sites 41DN580 and 41DN624.2, Denton County, Texas" dated October 11,
2021.).
3. Archeology Contingency
a. If additional coordination is required during the Phase 3 data recovery based on findings
during field work. The contingency will cover the following:
L FNI to attend up to 4 one-hour meetings with City of Denton, Archeologist
and/or THC.
ii. FNI to attend up to 4 one-hour project coordination meetings with project team
(Design team and City).
iii. FNI to attend up to 2 site visits to discuss with City of Denton, Archaeologist and
THC to discuss findings.
DocuSign Envelope ID: E5A9C666-E32A-4D7D-A80D-SF488EFF3321
October 13, 2021 0 r i Mill 14;to]
�4-�
Page 2 of 2
With this letter we are requesting an amendment for $306,994 to cover the additional effort noted. The
basic services (lump sum) fee is $19,836 and the special services (not to exceed) fee is $287,158. The
total authorized not -to -exceed amount for the project would increase to $1,316,974.
We hope this letter provides the necessary summary of the additional engineering services incurred.
We look forward to helping the City of Denton complete this project. Please call with any questions or
concerns.
Sincerely,
�Q as -'�
4Y'
Daniel Huffines, PE
Project Manager
cc: Scott Maughn, PE
Attachments: Acacia Heritage Consulting Proposal
[DTN16385] L:\Client\OLCR\D\Denton\DTN16385\Amd #3
DocuSign Envelope ID: E5A9C666-E32A-4D7D A80D-8F488EFF3321
Ap)cacia
HERITAGE CONSULTING
Proposal to Conduct Data Recovery at Sites 41 DN580 and 41 DN624.2,
Denton County, Texas
October 11, 2021
Acacia Heritage Consulting is pleased to submit this Scope of Work and cost estimate to Freese
& Nichols, Inc. to conduct data recovery investigations at two sites in the City of Denton, Denton
County, Texas. The two sites-- 41DN580 and 411DN624.2-- are within the right-of-way (ROW) for
the proposed Hickory Creek Interceptor project. The project is being funded by the City of
Denton, and will be built on easements already owned or to be acquired by the City. Therefore,
the Antiquities Code of Texas (ACT) applies.
Sites 41DN580 and 41DN624.2 are situated along Hickory Creek and contain pre -contact Native
American artifacts, features and materials, which due to their exceptional significance, have been
determined to be eligible for listing as State Antiquities Landmarks (SALs) under the ACT. The
proposed interceptor would impact the sites, and avoidance of them is not feasible at this stage.
Therefore, the Texas Historical Commission (THC) has determined that mitigation through data
recovery, should be undertaken in the project ROW in advance of construction. Acacia's proposed
scope of work for the data recovery project is outlined below, and described in more detail in the
attached Testing Summary and Research Design, dated September 29, 2021. All work will be
undertaken under Acacia's Permit No. 30127, which has been modified to include both testing
and data recovery.
Scope of Work
Due to the City of Denton's accelerated construction schedule, the Data Recovery project will
follow a phased timeline, beginning with fieldwork at 41DN624.2, and then proceeding to
fieldwork at 41DN580. Following completion of the scope of work for each site, Acacia will
coordinate with the Texas Historical Commission through in-person site visits, via email, and
through two interim reports, as outlined in the Workflow far Data Recovery Section of the attached
Testing Summary and Research Design. Once the THC has determined that the scope of work for
each site is complete, the City will receive approval to proceed to construction at those sites.
Briefly, the scope of work for each site will involve mechanical stripping to expose deeply buried
deposits at both sites, followed by hand excavation of 1 x 1 meter test units. Acacia will hand
excavate 25 cubic meters of sediments at Site 41DN380 and 15 cubic meters of sediment at Site
41DN624. Soil from hand excavated units would be screened through 1%4 hardware doth and all
artifacts will be saved for analysis and curation. Excavation unit placement will target features,
as well as involve strategic sampling excavation at regular intervals across each site. Additionally,
field methods at each site will involve:
ACACIA HERITAGE CONSULTING 4907 FINLEY DRIVE 512.923.6409
AUSTIN, TX. 78731
DocuSign Envelope ID: E5A9C666-E32A-4D7D A80D-8F488EFF3321
Data Recovery for Sites 41DN580 and 41DN624.2, Denton County, Texas
• Notes, records, drawings, and photographs documenting all fieldwork,
• Size -sorting, counting and weighing burned and fire -cracked rock (FCR) from each unit,
• Collection of FCR samples from features and non -feature contexts,
• Collection of sediment samples from features and at least two column samples at each
site,
• Collection of charcoal, organic sediment burned bone samples for radiocarbon dating,
• Photography to develop photogrammetric 3D images of features from each site,
• Mapping of excavated areas, units and features to sub -meter accuracy
• Further geoarcheological assessment and sample collection
• Collection of four sediment samples at each site for purposes of OSL dating,
• Collection of rock samples from the nearby creek bed for use in experimental studies.
Acacia's analysis and reporting for the Hickory Creek Interceptor data recovery effort will
continue after the City of Denton is given approval to construct. Following completion of
fieldwork and coordination with the THC through two interim reports, Acacia will prepare a
third interim report that incorporates not only the results of earlier interim reports, but also the
analyses originally defined in the testing research design. These include a complete catalog of
artifacts and samples, available results of radiocarbon and bulk soil dates, soil flotation and
identification of macrobotanicals and microartifacts, analysis and identification of mussel shells
and faunal remains, and geoarcheological evaluations. This interim would be submitted to the
THC for evaluation. The results of these initial studies will help Acacia and the THC assess the
utility of, and plan for additional analyses and studies on the data recovery assemblage.
In consultation with the THC, Acacia will conduct additional analyses and studies as defined in
the attached Research Design. These include:
• Identifying, classifying, quantifying, and entering all artifacts, samples and materials into
an access or excel database.
• Processing soil samples through flotation and submitting macrobotanical remains for
identification.
• Analyzing all faunal and ostracod materials for taxonomy and taphonomy.
• Submitting up to 50 radiocarbon samples for dating (split between sites 41DN580 and
41DN624 as warranted).
• Identifying and analyzing microartifacts, Iithic tools, and tool making debris recovered
from excavations.
• Preparing report graphics to include drawings, mosaic photographs, and 3D graphics of
profiles and features.
• Submitting samples of FCR from all documented features and representative non -feature
contexts for chemical signature residue analysis, to include Fourier Transform Infrared
Spectroscopy (FTIR) or lipids, as well as starch grains and/or phytoliths.
• Pollen/starch, phytolith and diatom analysis on selected samples
• Experimental studies using collected rock samples to replicate burn rock features found
on site to better understand how features were built and used, and for how long they were
Acacia Heritage Consulting No. 2021-5312
DccuSign Envelope ID: E5A9C666-E32A-4D7D-A80D-8F488EFF3321
Data Recovery for Sites 41DN580 and 41DN624.2, Denton County, Texas
used.
• Optically Stimulated Luminescence (OSL) dating of two collected samples from each site.
Acacia will incorporate the results of all of these studies into final draft testing and data recovery
report. The report will detail the results of field investigations and analysis from all phases of
work, and will also incorporate a robust discussion and conclusion section intended to
substantively contribute to the ongoing dialog and scholarship about pre -contact period
Indigenous cultures in Texas. This report will be submitted for review to the client and the THC,
and then revised according to that review. Bound final reports will be prepared and distributed
once Acacia receives final approval from the THC.
Acacia will develop a selective discard strategy for redundant burned rocks, sediment samples,
and potentially other materials once the final report has been approved. This strategy will be
articulated in a letter submitted to the THC for approval. Acacia will then prepare all fieldnotes,
photographs, drawings, images, and remaining collected artifacts for curation at the Center for
Archaeological Studies (CAS) in San Marcos. The project will be deemed complete once the
curation has been accepted by CAS.
Project assumptions
• Machine and operator for mechanical stripping of Sites 41DN580 and 41DN624.2 and
backfilling will be provided by others. The cost is not included in the attached budget.
• Rights of Entry to or access through private properties will be obtained by others prior
to commencement of fieldwork.
Compensation
Acacia still has funds available under a previous work authorization and will use that amount
toward the completion of the next phase of work. Acacia's proposed cost for this supplemental
effort is a not -to -exceed amount without written authorization of $251,298.25. Acacia will bill
monthly following the labor rates provided below, based on actual hours worked, and based on
actual expenses incurred during the course of the project. A breakdown of Acacia's proposed
costs, minus a previously approved contingency amount ($71,480.00) for data recovery is
provided below.
Acacia Heritage Consulting No. 2021-5313
DocuSign Envelope ID: E5A9C666-E32A-4D7D-A80D-8F488EFF3321
Ap)cacia
HERITAGE CONSULTING
Data Recovery Budget for Sites 41 DN580 and 41 DN624
23 -Sep -21
EXPENSES
Field
Field
Analysis &
Meetings
TDS Rental
2
1
LABOR
pre -field Site prep
41 DN580
41 DN624
Reports
Curation
& Mgmt
total
units
2
Price
4
Cost
Sr. Archeologist
20 40
80
48
40
0.5
10
238
hrs
$
87.00
$
20,706.00
Project Archeologist
32 40
200
130
160
10
10
572
hrs
$
78.00
$
44,616.00
Technician II x 3
4
600
390
100
64
$
1154
hrs
$
58.00
$
66,932.00
Technician I x 3
$
600
390
4,000.00
64
1054
hrs
$
55.00
$
57,970.00
TOTAL HOURS
52 80
1480
958
300
128
20
3018
$
125.00
$
$
190,224.00
EXPENSES
TDS Rental
2
1
3
month
$
2,250.00
$
6,750.00
Misc. Supplies
2
2
4
unit
$
250.00
$
1,000.00
Geoarcheologist
0.5
0.5
1
study
$
30,416.00
$
30,416.00
Organic Residue Analysis
10
10
smpl
$
300.00
$
3,000.00
OSL dating
4
4
smpl
$
1,200.00
$
4,800.00
Special Studies
1
1
unit
$
4,000.00
$
4,000.00
Radiocarbon dating
40
40
smpl
$
625.00
$
25,000.00
Macrobotanical Analysis
20
20
Smpl
$
125.00
$
2,500.00
Hotel
10 185
119.75
315
night
$
95.00
$
29,901.25
Meals
10 185
119.75
315
day
$
56.00
$
17,626.00
Truck Rental
2.0
1
3
month
$
1,750.00
$
5,250.00
Mileage
2000
2000
4000
mile
$
0.58
$
2,320.00
TOTAL EXPENSES
$
132,563.25
TOTAL. $ 322,787.25
Minus Existing Contingency for Data Recovery ($71,489.00)
251,298.25
ACACIA HERITAGE CONSULTING 4907 FINLEY DRIVE 512.923.6409
AUSTIN, TX. 78731