2015-174ORDINANCE NO. 2015 -174
AN ORDINANCE OF THE CITY OF DENTON TEXAS, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE "SECOND AMENDMENT TO PROFESSIONAL SERVICES
AGREEMENT" FOR FURTHER DESIGN AND ENGINEERING SERVICES RELATED TO
PHASE II OF THE MULTIPLE -USE FIELD IMPROVEMENTS AT NORTH LAKES PARK;
AUTHORIZING THE EXPENDITURE OF ADDITIONAL FUNDS THEREFOR IN AN
AMOUNT NOT -TO- EXCEED $122,500; PROVIDING AN EFFECTIVE DATE (FILE 5273 —
AWARDED TO DUNAWAY ASSOCIATES, L.P. AGGREGATING AN AMOUNT NOT -TO-
EXCEED $303,670).
WHEREAS, on July 9, 2413, the City awarded a Professional Services Agreement for
Architect or Engineering Services (hereafter the "Agreement ") to Dunaway Associates, L.P., Denton,
Texas, in the amount of $145,170 for professional engineering services regarding Phase I of the
design of the four multipurpose athletic fields at North Lakes Park including grading, storm water
drainage, utilities, and parking; said Agreement was approved by the City Manager in accordance
with his delegated authority; and
WHEREAS, on August 19, 2014, the Purchasing Manager approved an amended
Professional Services Agreement for Architect or Engineer to Dunaway Associates, L.P. (hereafter
the "First Amendment ") in the further amount of $36,000 aggregating a not -to- exceed amount of
$181,170 for additional services including floodplain analysis, the establishment of a Conditional
Letter of Map Revision, and a Floodplain Development permit to allow improvements to be made in
lower lying areas of North Lakes Park; and
WHEREAS, there appears to the Council that further professional services must be
completed in order to design Phase II of the North Lakes Park project; and the City Manager having
recommended to the Council that the "Second Amendment to Professional Services Agreement with
Dunaway Associates, L.P." (hereafter the "Second Amendment ") be authorized to amend such
Agreements, with respect to the scope of work and an increase in the payment amount by $122,500;
and said fees under the proposed Second Amendment are fair and reasonable, and are consistent with
and not higher than the recommended practices and fees published by the professional associations
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 City Manager is hereby authorized to enter into the "Second Amendment
to Professional Services Agreement" with Dunaway Associates, L.P. (the "Second Amendment "), in
substantially the form that is attached hereto as Exhibit "A" and incorporated herewith by reference,
which increases the amount of the engagement by and between the City of Denton, Texas and
Dunaway Associates, L.P., which Agreement is on file in the office of the Purchasing Agent, in the
additional amount of $122,500, which amount is hereby approved; and the expenditure of funds
therefor is hereby authorized in accordance with said Second Amendment. The total purchase order
amount therefore increases to the amount of not -to- exceed $303,670.
SECTION 2. The City Council of the City of Denton, Texas hereby expressly delegates the
authority to expend funds and to take any actions that may be required or permitted to be performed
by the City of Denton, Texas under File No. 5273, to the City Manager of the City of Denton, Texas,
or his designee.
SECTION 3. The recitations and statements contained in the preamble hereto are
incorporated herewith as a part of this Ordinance for all purposes.
SECTION 4. This ordinance shall become effective, and is hereby approved on this date.
.. .�
PASSED AND APPROVED this the _—„��' .. . da y of �^ ,�� ;.�m 2015.
1 S 1 ATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
THE STATE OF TEXAS §
COUNTY OF DENTON §
SECOND AMENDMENT TO TO CONTRACT #5273
THIS SECOND AMENDMENT TO CONTRACT (hereafter the "Second
Amendment ") to that certain Contract awarded by the City of Denton, and awarded to
Dunaway Associates, L.P. (hereafter the "Agreement ") in the original not -to- exceed
amount of $145,170.00, which was heretofore executed on July 9, 2013, and was
approved within the delegated authority of the City of Denton City Council; and a
additional not -to- exceed amount of $36,000.00 approved with a First Amendment, which
was heretofore approved on August 19, 2014 for a total not to exceed amount of
$181,170.00; and said Agreement was heretofore entered into by and between the City of
Denton, Texas, a Texas Municipal Corporation with its offices at 215 East McKinney
Street, Denton, Texas 76201 (hereafter the "CITY "); and the Dunaway Associates, L.P.
(hereafter "DUNAWAY ") with its offices at 550 Bailey Ave, Suite 400, Ft. Worth, Texas
76107; and
Contract 5273 provided for DUNAWAY to provide professional landscape
architectural and engineering design services for the new multiple use field
improvements at North Lake Parks. The service also included design of a storm water
pollution prevention plan. The First Amendment was initiated due to the City of Denton
Engineering Department recommended changes to the original design that include
redesigning the park entrance. This required additional surveying and the preparation of a
Floodplain Analysis and CLOMR; and the CITY deemed it necessary to further expand
the services by DUNAWAY to the CITY, and to provide an additional not -to- exceed
amount of $36,000.00, for an aggregate of $181,170.00, for the additional required
services.
The Second Amendment to Contract 5273 requires that Dunaway provide
professional design and engineering for Phase II of the proposed G. Roland Vela Athletic
Complex to be located in the northeast corner of North Lakes Park. Phase II will consist
of a restroom and concession building, pavilion and playground, as well as structural
engineering to refurbish and install two (2) Historic County Bridge(s). Services for
additional scope requirements include a restroom/concession building, a pavilion, a
playground, and structural engineering services for two (2) Historic County Bridge
installations, for a not -to- exceed amount of $122,500.00, for an aggregate total of
$301670.00.
1
NOW THEREFORE, the CITY and DUNAWAY (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:
Additional Scope of Services
Scope: Dunaway shall provide professional design services and engineering for the
following:
Addition of new park program items — Total of $110,500
(Including a Restroom/Concession Building, Pavilion, and Playground with a City
designated construction budget of $1,300,000 for these program items):
• Final Programming & Preliminary Design — $16,575
• Design Development - $30,940
• Final Construction Documents - $54,145
• Bid Phase - $2,210
• Construction Phase - $6,630
Structural Enizineerin2 Services — Total of $12,000
• Review two (2) existing bridges in the field (old County road bridges) —
including measuring and creating existing conditions drawings of both
bridges, as well as assessing the condition of the bridges, structural members,
finishes, connections, etc.
Develop construction documents detailing any repairs, augmentation, finishes,
etc.
• Develop construction documents for the proposed concrete abutments for each
bridge
2
The Parties hereto agree, that except as specifically provided for by this Second
Amendment, that all of the terms, covenants, conditions, agreements, rights,
responsibilities, and obligations of the Parties, set forth in both the Agreement and now
the Second Amendment shall be, and will remain in full force and effect.
IN WITNESS WHEREOF, the City of Denton, Dunaway Associates, LP, have each
executed this Second Amendment in three (3) original counterparts, by and through their
reVwective dt'lly authorized i-epreseiitatives and officers on this the W day of
2015,
"CITY"
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
.. ... ......... .
By:
6 'Zor'
i ge Caniphell, City Manager
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
DUNAWAY ASSOCIATES, L.P.,
A Texas litnited 1,,ia S1111
BY
Tom Galbreath'
President
3