22-78322-783ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPALCORPORATION, AUTHORIZING THE APPROVAL OF A FIRST AMENDMENT TO APROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND
PARKHILL, SMITH & COOPER, INC., AMENDING THE CONTRACT APPROVED BY CITYCOUNCIL ON MARCH 16, 2021, IN THE NOT-TO-EXCEED AMOUNT OF $240,500.00, SAID
FIRST AMENDMENT TO PROVIDE ENGINEERING REPORT, FINAL DESIGN, BID PHASESERVICES, AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE ROBSONRANCH WATER RECLAMATION PLANT LIFT STATION COWERSION FOR THE WATER
UTILITIES DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR:AND PROVIDING AN EFFECTIVE DATE (FILE 6590-099 – PROVIDING FOR ANADDITIONAL FIRST AMENDMENT EXPENDITURE AMOUNT NOT-TO-EXCEED
$ 167,800.00, FOR A TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $408,300.00).
WHEREAS, on March 16, 2021, City Council awarded a Professional Services Agreement to
Schrickel, Rollins and Associates, Inc . in the amount of $240,500.00, for a design engineering report,
final design, bid phase services, and construction administration services for the Robson Ranch
Wastewater Treatment Plant Lift Station Conversion; and
WHEREAS, on March 9, 2022, Procurement prepared an Assignment of Contract due to a
change in ownership. Schrickel, Rollins and Associates, Inc. hereby assigned and otherwise
transferred to Parkhill, Smith & Cooper, Inc. all rights, title, and interest to the contract movingfOIward.
WHEREAS, the additional fees under the proposed First Amendment are fair and reasonable
and are consistent with, and not higher than, the recommended practices and fees applicable to the
Provider’s profession, and such fees do not exceed the maximum provided by law; NOW,THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The First Amendment, increasing the amount of the contract between the City
and Parkhill, Smith & Cooper, Inc., which is on file in the office of the Purchasing Agent, in the
amount of One Hundred Sixty-Seven Thousand Eight Hundred and 0/100 ($ 167,800.00) Dollars, is
hereby approved, and the expenditure of funds therefor is hereby authorized in accordance with said
amendment which shall be effective upon the execution of the amendment attached hereto. The total
contract amount increases to $408,300.00.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
The mot@1 to approve this ordinance was made by I and
seconded by 8 ft ah baG . This ordinance was passed and approved by the
following vote
Aye
V/7
vrV,
/
P/
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 this the \qb day of Ari L , 2022
/#/GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY L\\\\t\ItIIII
2a-–__a
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Digitally signed by Marcella Lunn
DN: cn=Marcella Lunn, o, ou=City_ blu,tUBy : ' n.com, c=US{\ \JX1\\fb =rrnr:=kdlaiunn@dty,fd,nn
DocuSign Envelope ID: 5CC53C64-2B22z}B6A-ADC0-32DA28CB143F
FIRST AMENDMENT TO CONTRACT
BY AND BETWEEN THE CITY OF DENTON, TEXASAND PARKHILL, SMITH & COOPER, INC.PSA 6590-099
THE STATE OF TEXAS §
§COUNTY OF DENTON
THIS FIRST AMENDMENT TO CONTRACT 6590-099 (“Amendment”) by andbetween the City of Denton, Texas (“City”) and Parkhill, Smith & Cooper, Inc.,
(“Engineer”); to that certain contract executed on March 16, 2021, in the original not-to-
exceed amount of $240,500 (the “Agreement”); for services related to the Robson RanchWastewater Treatment Plant Lift Station.
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 $167,800 with this Amendment for an aggregate not-to-exceed
amount of $408,300; 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 design of intersection improvements for the Small Transportation Project, 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 “B” to this Amendment, attached hereto
and incorporated herein for all purposes, a total fee, including reimbursement for
non-labor expenses an amount not to exceed $167,800.
2. This Amendment modifies the Agreement amount to provide an additional
$ 167,800 for the additional services with a revised aggregate not to exceed total of
$408,300.
3. Effective upon the date of execution of this Amendment, any reference to Schrickel
Rollins and Associates, Inc. will be deemed to refer to Parkhill, Smith & Cooper,
6590-099 PSA – Amendment # 1 Page 1 of 2
DocuSign Envelope ID: 5CC53C64-2B224B6A-ADC0-32DA28CB143F
Inc. throughout the Agreement. Parkhill, Smith & Cooper, Inc. hereby agrees toaccept all responsibilities, liabilities, and obligations of Schrickel Rollins and
Associates, Inc. as outlined in the Agreement.
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 04/19/2022
“City”“Engineer”
CITY OF DENTON, TEXAS
A Texas Municipal Corporation PARKHILL, SMITH & COOPER, INC.
By:' ' I Frau£= ru9wl Princlpa1
AUTHORIZED SIGNOR, TITLEa;;=&laiager
THIS AGREEMENT HAS BEENBOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
APPROVED AS TO LEGAL FORM:
AND, CITY ATTORNEY
Stephen D. Gay
PRINTED NAMESIGNATUREATTEST:
ROSA RIOS, CITY SECRETARY Di rector
TITLE
RouR1%By:Water Ut111t1 es
DEPARTMENT
6590-099 PSA – Amendment # 1 Page 2 of 2
DocuSign Envelope ID:.2B224B !2DA28CB143F
Parkhill
EXHIBIT A
Scope of Services
ROBSON RANCH WASTEWATER TREATMENT PLANT LIFT STATION CONVERSION
Project Description: Parkhill is currently designing improvements to the Robson Ranch WRP andwastewater collection system to allow for the Robson development’s continued expansion. This project
would ultimately convert the WRP into a lift station with peak storage and integrate the development’s
wastewater flow into the City’s primary collection system. Through a preliminary design analysis, it wasdetermined that the project would need to be designed and constructed in two phases for the followingreasons
1. Allows additional coordination time with the Hunter and Cole Ranch Developments and The City’s
ongoing Wastewater Master Planning project.
2. Phase I improvements can be immediately implemented to bring the Robson WRP back withinTCEQs permitted capacity for flow and allow for Robson’s continued development.
3. Phase II improvements require a longer timeframe due to the regulatory coordination associated
with on the on-going Permit Amendment at the Pecan Creek WRP
The professional services, which the Owner has employed Engineer to perform under this Amendment
are generally described as follows:
Task 1- Project Management Amended to include:
• Amend task to provide additional project coordination with the ongoing Wastewater Master
Plan, Capital Improvements Interceptor project, and developments within the Hunter/Cole
and Country Lakes Development.
• Extension of project management duties to fulfill the two-phase design approach describedbelow
Task 2 Basis of Design Memorandum Amended to include:
• Re-rate the pump design, adjust the proposed levels, and revise the pump capacities ofEast Lift station and Peak Storage Basin to include an ultimate capacity that will allow for a
full build out of Robson Ranch based on the modeling results of Parkhill’s flow analysis.
• Provide the basis of design for the new non-potable water source at the Peak Storage LiftStation
Task 3- Final Design and Construction Contract Documents Amended as follows:
• Split this design task into two phases• Subtask 3.1: East Lift Station Design and UV System Design
o Preparation of construction documents that include the East Lift Stationimprovements.
o Addition of a site grading plan using City of Denton supplied survey information and
a new valve and meter vault(s) design for East Lift Station.
o Incorporate City’s procured equipment price for a new 1 .65 MGD Aquaray UV
system at the Robson Ranch WRP within the East Lift Station Bid package.
Parkhill.com
DocuSign Envelope ID: 5CC53C@1-2B224B6A-ADC0-32DA28CB143FExhibit Al- Scope of Services Page 2
Provide a bypass plan with applicable plan sheets and specifications necessary to
install the new UV system.
Provide electrical design improvements as necessary to convert the main power to
the UV system from 208V to the required 480V and maintain existing electrical
components at the UV site.
Get TCEQ regulatory approval to install the new UV system. The new UV systemwill not deviate from the current permitted requirements for the Robson Ranch WRP.
No structural or channel improvements are included within this design.
0
0
0
0
Subtask 3.2: Peak Storage Lift Station
o Preparation of construction documents that include the Conversion of the Robson
WRP to a Peak Storage Lift Station.
•
Task 4- Bidding
• Amend this task to include two bidding phases
• Subtask 4.1: Bidding of Phase 1 design described in the original Scope
• Subtask 4.2: Bidding of Phase 2 design described in the original Scope
Task 5 Construction Phase Services
• Amend this task to include two construction phases
• Subtask 5.1 : Construction of Phase 1 design described in the original Scope• Subtask 5.2: Construction of Phase 2 design described in the original Scope
Task 6 Record Drawing Preparation
• Amend this task to include two record drawing phases
• Subtask 6.1: Record drawings for Phase 1 design described in the original Scope
• Subtask 6.2: Record drawings for Phase 2 design described in the original Scope
Task 7 Regulatory Compliance
• Include regulatory coordination associated with the Peak Storage Lift Station designvariances and exception requests at City of Denton’s approval and direction.
• Includes coordination with Owner’s design consultant to supply data and coordinate TCEQreviews associated with the ongoing Pecan Creek WWTP Water Quality PermitAmendment.
• Includes regulatory coordination to address the City’s NOV at the Robson Ranch WRP.
Parkhill.com
DocuSign Envelope ID: 5CC53C64-2B224B6A-ADCOJ2DA28CB143FParkhill
EXHIBIT B
Compensation
OWNER and ENGINEER agree to amend “Exhibit B Payments to Engineer Lump Sum Method” as set
forth from the original agreement, on the basis of payment stipulated below:
Total amended compensation for the ENGINEER contemplated under the terms of this agreement shallbe a total not-to-exceed $408,300.00 for all labor and expenses.
Progress payments shall be paid monthly based on the actual work satisfactorily completed per monthin each phase, with the following amounts of the total compensation for each Phase of the Project.
The OWNER shall compensate the ENGINEER as follows:
Task
1.0
2.0
3.1
3.2
4.1
4.2
5.1
5.2
6.1
6.2
7.0
Description
Project Management
Basis of Design Memorandum
Final Design Phase I
Final Design Phase II
Bidding Phase I
Bidding Phase II
Construction Phase I
Construction Phase II
Record Drawings Phase I
Record Drawings Phase II
TCEQ Permitting and Compliance
Total Not To Exceed Fee
Current Fee
$ 19,000
$ 74,600
$ 98,500
$
$ 8,700
$ -
$ 25,300
Change
$ 12,500
$ 6,500
$ 34,500
$ 65,000
$
$ 7,500
$ 6,700
$ 20,000
$ (2,000)
$ 2,000
$ 15,100
$ 167,800
Amended Total
$ 31,500
$ 81,100
$ 133,000
$ 65,000
$ 8,700
$ 7,500
$ 32,000
$ 20,000
$ 2,500
$ 2,000
$ 25,000
$ 408,300
Fee Type
Lump Sum
Lump Sum
Lump Sum
Lump Sum
Lump Sum
Lump Sum
Lump Sum
Lump Sum
Lump Sum
Lump Sum
Lump Sum
$ 4,500
$
$ 9,900
$ 240,500
ENGINEER will not exceed the total maximum fee shown without authorization from the City.
Any permitting, application, and similar project fees will be paid directly by the OWNER.
Parkhill.com
DocuSign Envelope ID: 5CC53C64-2B22zIB6A-ADC0-32DA28CB143F
Exhl b1 t CIQ
CONFLICT OF INTEREST QUESTIONNAIRE -For vendor or other person doing business with local governmental entit'
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
FORM CIQ
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship asdefined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after thedate the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is amisdemeanor.
TH Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business dayafter the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.
d Name ofloca1 government officer about whom the information in this section is being disclosed.
None
Name of Officer
This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationshipas defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.
A.Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?n ,„,m .„,
B Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officernamed in this section AND the taxable income is not received from the local govermnental entity?
[] Yes [X] No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as anofficer or director, or holds an ownership of one percent or more?n Yes B] No
D. Describe each employment or business and family relationship with the local government officer named in this section.
None
4
5
Ea I have no Conflict of Interest to disclose.
3/22/2022
usiness with the governmental entity Date
[k>cuSign
Certificate Of Completion
Envelope Id: 5CC53C642B224B6AADC032DA28CB143F
Subject: Please DocuSign: City Council Contract 6590-099-Amendment 1
Status: Completed
Source Envelope:
Document Pages: 7
Certificate Pages: 6
Signatures: 6 Envelope Originator:
Crystal Westbrook
901 B Texas Street
Denton, TX 76209
crystal.westbrook@cityofdenton.com
IP Address: 198.49.140.10
AutoNav: Enabled
Initials: 1
Envelopeld Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
Record Tracking
Status: Original
3/22/2022 9:20:55 AM
Holder: Crystal Westbrook
crystal.westbrook@cityofdenton.com
Location: DocuSign
Signer Events
Crystal Westbrook
crystal.westbrook@cityofdenton.com
Senior Buyer
City of Denton
Security Level: Email, Account Authentication(None)
Signature Timestamp
Sent: 3/22/2022 9:22:43 AM
Viewed: 3/22/2022 9:22:M AM
Signed: 3/22/2022 9:24:29 AM
Completed
Signed by link sent to
crystal.westbrook@cityofdenton.com
Using IP Address: 198.49.140.10
Electronic Record and Signature Disclosure:Not OfFered via DocuSign
Lori Hewell
lori.hewell@cityofdenton .com
Purchasing Manager
City of Denton
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Sent: 3/22/2022 9:24:33 AM
Viewed: 3/22/2022 9:32:42 AM
Signed: 3/22/2022 9:33:09 AM
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Signed by link sent to lori.hewell@cityofdenton.com
Using IP Address: 198.49.140.10
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Marcella Lunn
marcella.lunn@cityofdenton.com
Deputy City Attorney
City of Denton
Security Level: Email, Account Authentication(None)
'DocuSigned by
IMAWL£hMh
.4B070831&4AAA38
Sent: 3/22/2022 9:33:12 AM
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Signed: 3/22/2022 1 :41:21 PM
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marcella.lunn@cityofdenton.com
Using IP Address: 198.49.140.10
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Not Offered via DocuSign
Frank Pugsley
fpugsley@parkhill.com
Principal
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(None)
'DocuSign•d bp
[ f„+ r„ga„f22ACFOFE5&A343 1
Sent: 3/22/2022 1 :41 :24 PM
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Signed by link sent to fpugsley@parkhill.com
Using iP Address: 47.185.180.232
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Signer Events Signature
Accepted: 3/22/2022 2:21 :52 PMID: 31d1897d-75b1 4767-89ec491522c2f863
Timestamp
Stephen D. Gay
stephen.gay@cityofdenton.com
Director
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(None)
'DocuSigned by:1 s'WD. „,9EBFF5658E56492
Sent: 3/22/2022 2:26:30 PM
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Accepted: 3/22/2022 2:33:03 PMID: f01c20f4-c56247dc-a078-9fcf92aOd16b
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
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Completed Sent: 3/22/2022 2:48:19 PM
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cheyenne.defee@cityofdenton.com
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Sara Hensley
sara.hensley@cityofdenton.com
City Manager
City of Denton
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Sent: 4/20/2022 8:34:24 AM
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Using IP Address: 198.49.140.10
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Rosa Rios
rosa.rios@cityofdenton.com
City Secretary
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(None)
'DocuSigned by:I RauRL&#
IC5CA8C5E 175493
Sent: 4/20/2022 8:45:22 AM
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Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
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(None)
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Status Timestamp
Sent: 3/22/2022 9:24:32 AM
Gretna Jones
gretna.jones@cityofdenton.com
Legal Secretary
City of Denton
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Sent: 3/22/2022 2:48:19 PM
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City Secretary Office
citysecretary@cityofdenton.com
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Sent: 4/20/2022 11 :40:21 AM
Annie Bunger
annie.bunger@cityofdenton.com
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Sent: 4/20/2022 11 :40:22 AM
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Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Frank Pugsley, Stephen D. Gay. Rosa Rios
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