Exhibit 1 - Agenda Information Sheet - Amendment 8City of Denton
______________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Materials Management
CM: Todd Hileman
DATE: February 26, 2019
SUBJECT
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, authorizing the approval of an eighth 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 16, 2009, in the not-to-exceed amount of $301,545, amended
by Amendments 1-7 approved by the City Manager, City Council, and Purchasing staff, said eighth
amendment to provide engineering and design services relating to the PEC 4 Drainage
Improvements Phase 1 and 2 project in the amount of $182,315; providing for the expenditure of
funds therefor; and providing an effective date (File 4437 – providing for an additional eight
amendment expenditure amount not-to-exceed $182,315, with the total contract amount not-to-
exceed $667,625). The Public Utilities Board recommends approval (6-0).
INFORMATION /BACKGROUND
On June 16, 2009, City Council approved a contract in the amount of $301,545 with Freese and
Nichols, Inc. (FNI) for Engineering Services associated with the PEC 4 Drainage Improvements
Phase 1 and 2 project. Since execution, there have been seven amendments to the contract:
Amendment No. 1 in the amount of $750 for additional survey work for a temporary and
permanent easement.
Amendment No. 2 in the amount of $25,950 for survey and design of approximately 500
linear feet of storm drain along Locust.
Amendment No. 3 in the amount of $15,700 for the survey and design of a 6-inch sanitary
sewer line on Wainwright Street.
Amendment No. 4 in the amount of $27,363 to incorporate the Locust Street Water and
Sewer Relocation Project plans with the PEC 4 Phase 1 Drainage plans in order to bid as
a combined project.
Amendment No. 5 in the amount of $32,981 to adjust the PEC 4 Phase 2 Drainage plans
to resolve conflicts with the Elm Street Utility Relocation Project, the design of additional
storm drain along Elm Street, and structural modifications to the transition between Phase
2 and future Phase 3.
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
Amendment No. 6 in the amount of $62,000 to finalize the Elm and Locust utility plans,
paving and striping plans, and corresponding specifications (originally being done in-
house) along with the addition of plans and details for the inclusion of conduit for future
fiber optic facilities.
Amendment No. 7 in the amount of $19,021. During the PEC 4, Phase 3 and 4 design, the
overall PEC 4 drainage model was updated using the current drainage criteria manual
requirements. This resulted in a need to make revisions to plans and specifications that
increased the size of the Phase 2 drainage box.
The construction piece of the PEC 4 project was advertised in September 2018. A bid opening was
held in October 2018 but only one bid was received in the amount of $13,000,000; which, is
considerably higher than the engineer’s estimate of $8,500,000. This bid was rejected by City
Council on December 11, 2018. As a result, Amendment No. 8 is required for additional design
services to include but not limited to the following:
Additional hydraulic analysis for alternate construction methods.
Repackaging of bid documents to include preparation of additional construction plans for
two alternate construction methods of the box culvert and the addition of an additive
alternate bid for Phase 2.
Additional bid phase services for the project rebid
Also included in this amendment are additional construction phase services to include:
Project site visits.
Submittal and shop drawing reviews.
Request for information (RFI) reviews and responses.
Change order reviews and recommendations.
The change in scope necessitates additional design and bid phase effort adding $95,596 and a
special services fee in the amount of $86,719 for a total amendment of $182,315, with the total
contract amount not-to-exceed $667,625.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On June 16, 2009, City Council Approval the Original Contract with Freese and Nichols, Inc., in
the amount of $301,545 (Ordinance 2009-140).
On November 7, 2017, City Council Approved Amendment No. 6 with Freese and Nichols, Inc.,
in the amount of $62,000 (Ordinance 2017-336).
On February 11, 2019, the Public Utilities Board (PUB) recommended this item to the City Council
for consideration.
RECOMMENDATION
Award an eighth amendment to the Professional Services Agreement between the City of Denton
and Freese and Nichols, Inc., for additional Engineering Services, in the amount of $182,315.
ESTIMATED SCHEDULE OF PROJECT
This project will begin in February of 2019 to facilitate construction beginning in April 2019.
FISCAL INFORMATION
These services will be funded from the following accounts:
Drainage Utilities project number 650047455.1360.21100 in the amount of $112,939.80.
Water Utilities project number 630285517.1360.21100 in the amount of $17,343.80.
Water Utilities project number 630287517.1360.21100 in the amount of $17,343.80.
Sewer Utilities project number 640160541.1360.21100 in the amount of $17,343.80.
Sewer Utilities project number 640162541.1360.21100 in the amount of $17,343.80.
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Project Map
Exhibit 3: Original Ordinance, Contract, and Amendments
Exhibit 4: Staff Presentation
Exhibit 5: Ordinance and Amendment 8
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Lee Perry at 940-349-8938.
Legal point of contact: Mack Reinwand at 940-349-8333.