Exhibit 1 - Agenda Information Sheet - Amendment 1City of Denton
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AGENDA INFORMATION SHEET
DEPARTMENT: Procurement & Compliance
CFO: Antonio Puente, Jr.
DATE: April 7, 2020
SUBJECT
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation,
authorizing the approval of a first amendment to a Professional Service Agreement between the City of
Denton and Freese & Nichols, Inc., amending the contract approved by City Council on July 16, 2019, in the
not-to-exceed amount of $106,750; said first amendment to provide preparations of an Emergency Response
Plan in compliance with the America’s Water Infrastructure Act (AWIA) of 2018; providing for the
expenditure of funds therefore: and an effective date (File 6590-061 – providing for an additional first
amendment expenditure amount not-to-exceed $76,000, with the total contract amount not-to-exceed
$182,750).
INFORMATION/BACKGROUND
The America’s Water Infrastructure Act (AWIA) of 2018 has two (2) compliance components for water
utilities serving a population over 100,000. The first component is a Drinking Water Risk and Resiliency
Assessment (RRA) including identifying all hazards, relative probabilities of occurrence, identifying assets
at risk, and developing a management plan to mitigate risk. The first component has been completed and
certification of completion to the EPA will occur prior to the March 31, 2020 deadline.
The second component, and the subject of this amendment, is the preparation of an Emergency Response
Plan (ERP) based upon the RRA. This includes guidance documentation during emergencies, which will
provide utility staff with well-defined response procedures intended to restore and maintain service delivery
during times of crisis. The deadline to comply with the second portion of the AWIA of 2018 is September
30, 2020, or six (6) months from certification of completion of the first component, whichever is sooner.
Freese & Nichols, Inc. prepared the Risk and Resiliency Assessment (RRA), and as staff discussed with
PUB and Council July 2019, a second contract/amendment would be brought forward in FY2020 to develop
the Emergency Response Plan (ERP).
Request for Qualifications for professional engineering services was solicited using the City’s formal
solicitation process. City Council approved a pre-qualified list of engineering firms on March 6, 2018 and
June 5, 2018 (Ordinance 2018-331).
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
On March 6, 2018, and June 5, 2018, Council approved RFQ 6590 for a prequalified list of professional
engineering firms (Ordinance 2018-331).
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
On July 16, 2019, City Council approved a contract with Freese & Nichols, Inc., in the not-to-exceed amount
of $106,750 (Ordinance 19-1504).
This item will go to the Public Utilities Board (PUB) retroactively once the PUB meetings resume.
RECOMMENDATION
Award Amendment No. 1 with Freese and Nichols, Inc., to provide preparations of an Emergency Response
Plan in compliance with the America’s Water Infrastructure Act (AWIA) of 2018, in the not-to-exceed amount
$76,000, for a total amended contract amount of $182,750.
PRINCIPAL PLACE OF BUSINESS
Freese and Nichols, Inc.
Fort Worth, TX
ESTIMATED SCHEDULE OF PROJECT
The deadline to comply with the second portion of the AWIA of 2018 is September 30, 2020, or six (6)
months from certification of completion of the first component, whichever is sooner.
FISCAL INFORMATION
The project is budgeted within the Water Utilities Administration Operating Budget for FY2020.
The requirements of the AWIA of 2018 are an unfunded mandate of the Federal Government, and as such,
no budget was allocated in FY2019, as the effective date of the Act occurred after budget preparation. Staff
included the ERP component of the requirements in the FY2020 budget. The two components of the project
were split between fiscal years to minimize the impact of the unbudgeted expense.
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Original Ordinance and Contract
Exhibit 3: Ordinance and Amendment 1
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Frank Pugsley, 940-349-8086.
Legal point of contact: Mack Reinwand at 940-349-8333.