2017-013ilk
WHEREAS, the City Council deems it necessary and appropriate and in the public
corporation, • .• • engineering
4155 International Plaza,11 Fort
76109, • provide professional engineering an• design services pertaining
City of Denton Mayhill Road Widening and Improvements Project from Interstate Highway 35-
:1 • to •together
engineering services for • Project;
WHEREAS, - City Councilpreviously considered and approved by Ordinance
2012-369, enacted on October 19, 2010, a Professional Services Agreement for Architect or
Engineerin
Services (the
reement") pertaining to the Project, which Agreement was in the
, • •�• •$4,501,530;w•
WHEREAS, the Agreement was modified by Change Order, being Amendment No. 1 to
said Agreement, dated January 9, 2013 in the lump sum amount of $50,377 to include services
regarding asbestos survey of existing structures to be removed, resulting in a revised total
contract amount at that time, not -to -exceed of $4,551,907; and
WHEREAS, the Agreement was modified by Amendment No. 2 to said Agreement,
dated August 20, 2013 in the amount of $488,835 to include additional services to include
improvements to Spencer Road, realignment of Mayhill Road to the west side of an existing gas
easement, demolition construction bid package, bridge retaining wall design, detention pond
analysis, additional topographic survey and asbestos remediation services, resulting in a revised
total contract amount at that time, not -to -exceed of $5,040,742; and
WHEREAS, the City staff has reported to the City Council that this project is a major
�w_woe*x t3m4-raiwi��_w_ iankal need for the hereinabove described further -,trofessional services
by the City of Denton; 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 - basis of • •- bids, but provider of
WHEREAS, the City Council hereby is of the opinion, and finds and concludes that FNI
is appropriately qualified under the provisions of the law, to be retained as an engineering firm
for the City respecting this engagement; and
WHEREAS, the City Council has provided in the City budget for the appropriation of
funds to be used for the procurement of the foregoing professional services, as set forth in the
"Third Amendment to a Professional Services Agreement for Engineering and Design Services"
pertaining to the Project; NOW, THEREFORE,
SECTION 1. The recitations contained in the preamble hereto are true and correct and
are incorporated herewith as a part of this Ordinance.
SECTION 2: The City Manager is hereby authorized to execute a "Third Amendment to
a Professional Services Agreement for Engineering and Design Services" (the "Third
Amendment") with the engineering firm of Freese and Nichols, Inc., a Corporation, for
professional engineering and design services pertaining to the Project, as hereinabove described,
in substantially the form of the Agreement which is attached hereto as Exhibit "A," which is
incorporated herewith by reference.
SECTION 3: The award of this Third Amendment is on the basis of the demonstrated
competence and qualifications of the firm of FNI, and the ability of FNI, to perform the
professional engineering and design and related services needed by the City for a fair and
reasonable price and on the basis of changes to the overall scope of services of the Agreement.
SECTION 4: The expenditure of funds as provided for in the attached Third
Amendment is hereby authorized.
SECTION 5: This ordinance shall become effective upon its passage and approval.
PASSED AND APPROVED this the day of 2017.
C`HlU§,W-A'1-1'S,—A,YOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
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By:
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