2010-310ORDINANCE NO. 2010-310
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A FIRST AMENDMENT TO PROFESSIONAL SERVICES
AGREEMENT WITH FREESE AND NICHOLS, INC., TO PROVIDE A TRAFFIC
OPERATIONS STUDY FOR THE DOWNTOWN IMPLEMENTATION PLAN FOR THE
CITY OF DENTON, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; PROVIDING FOR AN EFFECTIVE DATE (FIRST AMENDMENT IN THE
NOT-TO-EXCEED AMOUNT OF $90,000; AGGREGATING $114,000).
WHEREAS, the City Council deems that it is in the public interest to continue to engage
Freese and Nichols, Inc., a Corporation ("F&N"), to provide a Phase 2 traffic operations study
for the Downtown Implementation Plan for the City of Denton, Texas); F&N has recently
completed the Phase 1 study (Qualify and Quantify Pass-Through Traffic using Locust and Elm
Streets); and the City desires to move forward with Phase 2 of the study; and
WHEREAS, these services are necessary to be performed by an outside engineering and
design firm to evaluate and study the traffic operations study for the DTIP plan. City Staff has
determined that F&N is competent and that the fees under the First Amendment to Professional
Services Agreement" (hereafter `the First Amendment") fair and reasonable, and are consistent
with and not higher than the recommended practices and fees published by the applicable
associations applicable to F&N's profession, and that such fees do not exceed the maximum
provided by law: and
WHEREAS, the City staff has reported to the City Council that there is a substantial need
for the above-referenced professional services, and that limited City staff cannot adequately
perform the highly specialized services and tasks with respect to the Downtown Implementation
Plan with its own personnel, as qualified outside personnel are necessary to determine
compliance; and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional
Services Procurement Act." generally provides that a City may not select a provider of
professional services on the basis of competitive bids, but must select the provider on the basis of
demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price;
NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1: The preamble to this ordinance is incorporated herewith by reference for
all purposes.
SECTION 2: The City Manager is hereby authorized to execute a "First Amendment to
Professional Services Agreement" (the "First Amended Agreement") with Freese and Nichols,
Inc., a Corporation, in an amount not-to-exceed an additional $90,000 (aggregating $114,000)
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for continued professional services; in substantially the form of the First Amended Agreement
attached hereto as Exhibit "A" which is incorporated herewith by reference.
SECTION 3: The award of this First Amended Agreement by the City is on the basis of
the demonstrated competence, knowledge, and qualifications of F&N and the demonstrated
ability of F&N to continue to perform the services needed by the City for a fair and reasonable
price.
SECTION 4: The expenditure of funds as provided in the attached First Amended
Agreement is hereby authorized.
SECTION 5: This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2010.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: >
APPR VED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By: I-IN
2
THE STATE OF TEXAS
COUNTY OF DENTON
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
WHEREAS, a "Professional Services Agreement for Architect or Engineer" (hereafter
the "Agreement") was entered into on the 27t' day of September, 2010, by and between FREESE
AND NICHOLS, INC. (hereafter "CONSULTANT" or "DESIGN PROFESSIONAL"), a
Corporation, acting by and through its duly empowered officers and representatives; with its
corporate offices at 4055 International Plaza, Suite 200, Fort Worth, Texas 76109-4895; and the
CITY OF DENTON, TEXAS, a Texas municipal corporation, acting by and through its duly
authorized and empowered Purchasing Agent (hereafter "OWNER') within her delegated
authority, and which Agreement provided for certain necessary licensed professional
architectural and engineering services, with expenditure authority at not-to-exceed $24,000; and
both CONSULTANT and the OWNER have each now resolved and agreed that the Agreement
should proceed to Phase 2, and be continued and expanded and amended as to certain provisions,
to wit:
NOW, THEREFORE, in consideration of the covenants and agreements herein
contained, CONSULTANT and the OWNER mutually agree to amend the Agreement by this
"First Amendment to Professional Services Agreement" (hereafter the "First Amendment"), as
the scope of services to be rendered by CONSULTANT to the OWNER has been increased by
the sum of $90,000 in additional professional architectural and engineering fees, increasing the
amount of this engagement from $24,000, the amount of the Agreement, to a total of not-to-
exceed $114,000; this amendment provides for an expansion of the professional services to be
rendered by CONSULTANT, as set forth in that certain "Scope of Work - Operational Analysis
of DTIP Roadway Modifications - Phase 2," which Scope is attached hereto as Exhibit "3", and
is incorporated by reference herewith.
SECTION 1.
EMPLOYMENT OF DESIGN PROFESSIONAL
In addition to the original scope of services attached to the Agreement executed on
September 27, 2010, there is an additional scope of services document that is attached hereto as
Exhibit "3" which is incorporated herewith by reference. The CONSULTANT shall perform
those additional professional architectural and engineering services as contained in Exhibit "3"
attached hereto. To the extent that any of the conditions in said original Agreement have
changed, then the conditions on Exhibit "3" shall be applicable. All other provisions of Section
1 of the Agreement shall remain intact and in full force and effect.
SECTION 2. .
BASIC SERVICES
For Basic Services the total compensation in this First Amendment shall be instead be an
additional $90,000, totaling a not-to-exceed $114,000 fee for the professional architectural and
engineering services.
SECTION 3.
OTHER ATTACHMENTS TO FIRST AMENDMENT
Other attachments to the First Amendment include the "DTIP Boundary" (Downtown
Implementation Plan) document as Exhibit 1; as well as a map showing the area of the City that
will be involved in the analysis, as Exhibit 2; there is also a "DTIP Traffic Impact Assessment -
Detailed Cost Breakdown" attached as Exhibit 4. These three attachments are incorporated by
reference herein.
SECTION 4.
ENTIRE AGREEMENT
The First Amendment includes the executed Professional Services Agreement, executed
September 27, 2010 together with this First Amended Agreement. The First Amendment also
includes the City of Denton General Conditions to the original Agreement for Architectural or
Engineering Services. The First Amendment also includes the Insurance Requirements that are
attached to the original Professional Services Agreement for Architect or Engineer.
SECTION 5.
AMENDED AGREEMENT
Save and except as amended hereby, all of the remaining clauses, sentences, paragraphs,
sections and subsections of the Professional Services Agreement for Architect or Engineer,
heretofore executed on the 27th day of September, 2010, shall remain in full force and effect.
This First Amendment shall be executed in four originals.
SIGNED AND DATED by tMduly-authonzed representatives and officers of the parties
hereto effective on the J#Zday of , 2010.
"OWNER"
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
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GE RGE C. C ELL
CITY MANAGER
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY /t )
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By: qLw C~Y~z
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"CONSULTANT"
FREESE AND NICHOLS, INC.
A Corporation
By:
ATTEST:
By:
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Scope of Work
Operational Analysis of DTIP Roadway Modifications
Phase 2
Phase 2 - Evaluate Impact of Downtown Implementation Plan Proposed Street Modifications
Freese and Nichols will analyze anticipated operational conditions for motorized vehicles,
bicyclists and pedestrians for the streets/highways proposed for modification to the existing
street lane provisions in the DTIP. The following streets will be assessed:
• Hickory Street
• Oak Street
• Locust Street
• Elm Street
• Sycamore Street
• Mulberry Street
• Mews streets (Walnut, Austin, Pecan and Cedar Streets)
• Carroll Boulevard
• Bell Avenue
• McKinney Street
Industrial Street
Task 2A. Collect Data on Existing Roadway Geometrics and Volumes.
Assess the current conditions for the roadways proposed in the DTIP for modification to the
existing street lane provisions.
• Traffic data will be collected for the AM and PM peak hours and the noon hour to the
anticipated influence area of the analysis. Counts will be scheduled when DISD, UNT and
TWU are all in session and on a normal Tuesday, Wednesday, or Thursday. Coordinate
efforts with Task 2B.
• Geometric information will be gathered from city-provided planimeterics, aerial
photographs and supplemented by field measurements as needed.
Task 213. Evaluate Proposed Treatments for Ease of Implementation.
Compare the current cross section of each street, block by block, to that proposed in the DTIP
and identify issues that will need to be addressed for implementation, such as street width,
sidewalk widths, ROW width, storefronts, street furniture, and trees wells. If there is a possible
need for additional ROW to facilitate the proposed cross-sections, city staff input will be
requested regarding any existing or possible historical issues. Assess truck and bus turning and
loading issues relative to localized situations and pass-through traffic for the proposed cross-
sections.
Task 2C. Identify Three Stages of Implementation for Treatments.
Categorize the recommended improvements and anticipated changes in development into
three stages for analysis: Short Range (1 to 3 years), Medium Range (3 to 10 years) and Long
Range (assume build-out of concept in 20 years).
Task 2D. Develop Traffic Volumes for Analysis of the Treatments in the Three Stages.
For the recommended development densities proposed in the DTIP, establish trip generation,
mode split, and traffic distributions to/from each and determine additional peak hour trips that
will be generated to/from each, based upon the ultimate build-out. Then determine trip
assignments to/from the alternate streets via the existing street system. Use the redistributed
traffic from the proposed conditions plus the new trips from the various traffic zones. For the
ultimate build-out, and using the modal split assumptions, estimate the pedestrian volumes on
selected critical roadway links at critical times of the day.
Task 2E. Analyze Future Operations for Motor Vehicles, Transit, Bicyclists and Pedestrians.
For the development and infrastructure improvements proposed in the Short, Medium and
Long Range, assess the Level of Service for motor vehicles, transit service, bicyclists and
pedestrians using the methodology developed under NCHRP 3-70 and currently being
incorporated into the Highway Capacity Manual. For each currently signalized intersection,
assess the existing and future scenario level of service by approach and the changes in
operational performance and the needed enhancements to provide acceptable level of service
for the various modes for each individual signalized intersection, as well as each signal system.
Assess possible safety issues as they relate to driver, bicycle, and pedestrian intersection
maneuvers, parking stall maneuvers, conflicts, perceptions with any changes in traffic flow
direction (change one-way to a two-way or visa versa). If the street continues different outside
the limits of the proposed change limits, assess possible safety issues as they relate to driver,
bicycle, and pedestrian conflicts and perceptions.
Identify any additional critical link locations, critical intersection locations would be required to
maintain acceptable level of service for motorized traffic, and identify options to maintain
acceptable level of service.
With the projected pedestrian volumes at the ultimate build out, assess the projected sidewalk
width needs for the critical times of the day on critical roadway links. This assessment will
include a review of localized locations where there can be any combination of possible
restrictions (such as building entry landings that are not at the same elevation as the adjoining
sidewalk and thus require ADA ramps, trees/tree wells as well as other street furniture) that
restricts pedestrian movements as a whole and specifically the handicapped.
Assess each proposed cross-section that contains bicycle facilities as to the functionality for
each current street's applicability that it is proposed for. Assess the bicyclist accommodations
that would be needed at/beyond the limits of the DTIP for each such street to continue the
facilitation of bicycle traffic.
Assess the transition areas for each of the roadway's proposed cross-section relative to each
street's current condition in terms of the geometric requirements that may be needed
at/beyond the limits of the DTIP for each such street so as to properly facilitate the proposed
parking facility. Identify any significant issues with these transition and any logical extensions
of the treatments to effect the transition.
Task 2F. Recommend Modifications to the Proposed Treatments.
Based upon the results of the analysis, identify significant traffic, safety and mobility issues with
the proposed street modifications, if any, and develop concepts for refinements, as needed, to
the proposed street modifications in the DTIP to affect adequate traffic operations.
Task 2G. Document the Analysis and Modification of the DTIP Treatments.
Prepare a Draft Report of findings to document the data collection and compilation procedures,
analysis of data and findings, and observations regarding the proposed DTIP street
modifications. Provide the Draft Report, including text, figures and tables to illustrate the
information to city staff for review.
Task 2H. Meetings and Presentations
Review the content of the Draft Report with city staff and other city entities as directed, and
address the review comments in preparation of a final report. Discuss the implications of the
report findings regarding the proposed DTIP street modifications and any refinement of those
modifications. Up to five meetings are anticipated in this scope of work.
Fee for Phase 2
Freese and Nichols will conduct the above Phase 3 scope at a Multiplier of 3.4 for a maximum
not to exceed $90,000. The fee is derived as follows:
• Data Collection & Reduction $20,000
• Data Analysis & Documentation 62,000
• Management, review and recommendations 8,000
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