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2009-285ORDINANCE NO. 2009- _~2 86- -AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING DEVELOPMENT. REVIEW SERVICES BY AND BETWEEN THE CITY OF DENTON, TEXAS AND FREESE AND NICHOLS, INC.; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE ($100,000 FURTHER PROFESSIONAL ENGINEERING SERVICES; TOTALLING $387,518 OF PROFESSIONAL ENGINEERING SERVICES). WHEREAS, the City Council deems that it is in the public interest to continue to engage the engineering firm of Freese and Nichols, Inc. (F&N), of Fort Worth, Texas, to provide professional engineering services for the City of Denton, Texas services related to development review; and WHEREAS, on November 4, 2008 the Council approved Ordinance No. 2008-267 which approved a "Professional Services Agreement for Engineering- Development Review Services" (hereafter the "Agreement") in the amount of not-to-exceed $287,518, by and between the City of Denton and F&N, under RFSP Number 4106; which Agreement provided for a one-year term, ending on November 4, 2009; and WHEREAS, being satisfied with F&N's performance under the Agreement, staff requested that F&N present it with a cost estimate of their services for the year beginning November 4, 2009 through November 3, 2010 that provided for a reduction of F&N staff time so that the DRC Engineering Department could incrementally bring more of the development engineering review in-house during the years 2009-2010; and WHEREAS, City staff has reported to the City Council that there is a substantial need for the above-referenced professional engineering services, and that limited City staff cannot adequately perform the specialized services and tasks with its own personnel; 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 as a part of this Ordinance. SECTION 2: The City Manager is hereby authorized by the City Council to execute a "First Amendment to Professional Services Agreement for Engineering Development Review Services" (the "First Amendment") with Freese and Nichols, Inc., Fort Worth, Texas, for professional engineering services related to the development review process, for a professional fee of not-to-exceed $100,000; in substantially the form of the "First Amendment" that is attached hereto as Exhibit "A" and incorporated herewith by reference. . SECTION 3: The award of this -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 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 Amendment is hereby authorized. SECTION 5: This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 12009. MARK A. UG MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: I 0 r U 2 THE STATE OF TEXAS § COUNTY OF DENTON § FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING DEVELOPMENT REVIEW SERVICES WHEREAS, a "Professional Services Agreement for Engineering Development Review Services" (hereafter the "Agreement") was entered into on the 4t' day of November, 2008, by and between FREESE AND NICHOLS, INC. (hereafter "CONSULTANT"), a Corporation, acting by and through its duly empowered officers and representatives; with its 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 City Manager (hereafter "OWNER"); said Agreement having been approved by the City Council on the 4t" day of November 2008 pursuant to Ordinance No. 2008-267, and which Agreement provided for certain necessary licensed professional engineering services with expenditure authority not-to-exceed $287,518 for a period of one-year; and both CONSULTANT and the OWNER have each resolved that the Agreement should be continued and amended as to certain provisions, to wit: NOW5 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 for Engineering Development Review Services" (hereafter the "First Amendment"), as the scope of services to be rendered by CONSULTANT to the OWNER has been reduced and the monthly recurring fees contained in the First Amendment have been adjusted to the not-to-exceed amount of an additional $100,000 for the year November 4, 2009 to November 3, 2010, to take into account the reduction of work in accordance with the "DRC Support Services Proposal" dated October 155 2009 sent to P.S. Arora, P.E., OWNER'S DRC Administrator and Ron King, P.E. of CONSULTANT which is attached hereto as Exhibit "A", and which is incorporated by reference herein, to wit: SECTION 1. Article II. Scope of Services. Paragraph "A" shall instead state: "The CONSULTANT shall perform those professional engineering services for OWNER'S DRC development review committee as stated more particularly in Exhibit "A" (entitled DRC Support Services Proposal), which is attached hereto and incorporated herewith by reference." SECTION 2. Article V. Compensation. Paragraph "B"; the first paragraph shall instead state: "BILLING AND PAYMENT: For and inconsideration of the professional services to be performed by the CONSULTANT herein, the OWNER agrees to pay, based on the cost estimate detail at an hourly rate shown in Exhibit "A" which is attached hereto and made a part of this First Amendment as if written word for word herein, an additional fee of not-to-exceed $100,000, including reimbursement for direct non- 1 labor expenses. The total not-to-exceed fee for the Agreement and this First Amendment is $387,518.'' SECTION 3. Save and except as amended hereby, all the remaining clauses, sentences, paragraphs, sections and subsections of the First Amendment, entered into on November 4, 2008 shall remain in full force and effect. This First Amendment shall be executed in quadruplicate originals. SIGNED by he duly-a thorized representatives and officers of the parties hereto effective on the YzzaY of 2009. LI/ "OWNER" CITY OF DENTON, TEXAS A Texas Municipal Corporation B. GE GE C. CAMP ELL CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY By. APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: "CONSULTANT" FREESE AND NICHOLS, INC. A Corporation By: Its 2l) n O C'2. (drlQgEf v 2 ATTEST: By: r L/ Freese and Nichols MEMORANDUM TO: P.S. Arora, P.E., DRC Administrator FROM: Ron King, P.E. SUBJECT: DRC Support Services Proposal DATE: 10-15-09 Based upon our recent discussions, we have prepared our proposed revised fee schedule for monthly recurring fee and per submittal -fees for the DRC Support Services. The fee structure below is valid through December 2010, after which a revised fee structure can be negotiated. As you and I discussed, these revisions represent the following changes from our current contract: I . Remove review of preliminary plats and preliminary plans. 2. Remove review of plans that are submitted separate from a plat submittal. 3. Continue to review Final Plats/Plans, CLOMR's, LOMR's, and TIA's. The fee schedule for those items will remain the same as in our current contract. Monthly Recurrina Fee It is our understanding from our conversations with you that our monthly recurring fee would continue to cover the following tasks. 1. Attendance at weekly Pre-DRC meetings. Our review of the number of submittals over the last few months reveals that we would need to continue to attend the weekly Pre-DRC meetings. However, we estimate. that the number of hours needed for these meetings will reduce to 22 hours per month, based upon the reduced submittal load and upon a revised meeting structure. It is anticipated that this revised meeting structure includes FNI attendance beginning at approximately 9:30 a.m. and ending at approximately 3:30 p.m. 2. Attendance at weekly applicant DRC meetings, as needed for projects reviewed by FNI. We estimate that the number of hours needed for these meetings will reduce to 5 hours per month, based upon the reduced submittal load. For the above tasks we propose a monthly recurring fee of $4,855. We have attached a spreadsheet providing a'breakdown of the proposed fee for these monthly recurring tasks. Freese and Nichols, Inc. • Engineers • Environmental Scientists • Architects 4055 International Plaza • Suite 200 • Fort'Worth, Texas 76109-4895 (817) 735-7300 • Metro (817) 429-1900 • Fax (817) 735-7491 Page 2 of 2 Per Submittal Fees We have also prepared a revised fee schedule for submittals that are on a per-submittal basis. The fee structure remains the same as our current contract, minus reviews for preliminary plats and separate plans. The proposed fee structure is included on the table below. Submittal 1-10 Lots 1 l -50 Lots 51-100 Lots > 100 Lots Prop. Fee Prop. Fee Prop. Fee Prop. Fee Final Plans/Plat (original + I resubmitW $1,635 $3,820 $5,895 $7,235 Additional FP Reviews $600 $1,190 $2,355 $3,515 CLOMR $3,055 $3,055 $3,055 ; $3,055 LOMR (Following CLOMR $1,115 $1,115 $1,115 $1,115 LOMR Without CLOMR $3,055 $3,055 $3,055 $3,055 Additional CLOMR or LOMR Reviews $1,115 $1,115 $1,115 $1,115 TIA (original + 1 resubmittal $2,775 $2,775 $2,775 $2,775 Additional TIA Reviews $1,000 $1,000 $1,000 $1,000 We appreciate the opportunity to present our proposed fee schedule. If you would like to meet to discuss this further, we would be glad to do so. N .v •2-11 4) U) t O Q U D c 0 O p a O O s. _ d U LL (D w 1" 1 tr) Le) 0) .c m rn co co 64 6 o I I o 609~ 64% 0 IvI v Ir- I -1 lo: 0) s CD - ~ rn a~ V C r c v c E E E CD 0 Y ti co Y ti C c ~ a c ~ LO L co Ili . Freese and Nichols MEMORANDUM TO: P.S. Arora, P.E., DRC Administrator FROM: Ron King, P.E. SUBJECT: DRC Support Services Proposal DATE: 10-15-09 Based upon our recent discussions, we have prepared our proposed revised fee schedule for monthly recurring fee and per submittal fees for the DRC Support Services. The fee structure below is valid through December 2010, after which a revised fee structure can be negotiated. As you and I discussed, these revisions represent the following changes from our current contract: 1. Remove review of preliminary plats and preliminary plans. 2. Remove review of plans that are submitted separate from a plat submittal. 3. Continue to review Final Plats/Plans, CLOMR's, LOMR's, and TIA's. The fee schedule for those items will remain the same as in our current contract. Monthly Recurring Fee It is our understanding from our conversations with you that our monthly recurring fee would continue to cover the following tasks. 1. Attendance at weekly Pre-DRC meetings. Our review of the number of submittals over the last few months reveals that we would need to continue to attend the weekly Pre-DRC meetings. However, we estimate that the number of hours needed for these meetings will reduce to 22 hours per month, based upon the reduced submittal load and upon a revised meeting structure. It is anticipated that this revised meeting structure includes FNI attendance beginning at approximately 9:30 a.m. and ending at approximately 3:30 p.m. 2. Attendance at weekly applicant DRC meetings, as needed for projects reviewed by FNI. We estimate that the number of hours needed for these meetings will reduce to 5 hours per month, based upon the reduced submittal load. For the above tasks we propose a monthly recurring fee of $4,855. We have attached a spreadsheet providing a breakdown of the proposed fee for these monthly recurring tasks. Freese and Nichols, Inc. - Engineers - Environmental Scientists - Architects 4055 International Plaza - Suite 200 - Fort Worth, Texas 76109-4895 (817) 735-7300 - Metro (817) 429-1900 - Fax (817) 735-7491 Page 2 of 2 Per Submittal Fees We have also prepared a revised fee schedule for submittals that are on a per-submittal basis. The fee structure remains the same as our current contract, minus reviews for preliminary plats and separate plans. The proposed fee structure is included on the table below. Submittal 1-10 Lots 11-50 Lots 51-100 Lots > 100 Lots Prop. Fee Prop. Fee Prop. Fee Prop.. Fee Final Plans/Plat (original + 1 resubmittal $1,635 $3,820 $5,895 $7,235 Additional FP Reviews $600 $1,190 $2,355 $3,515 CLOMR $3,055 $3,055 $3,055 $3,055 LOMR (Following CLOMR $1,115 $1,115 $1,115 $1,115 LOMR (Without CLOMR) $3,055 $3,055 53,055 $3,055 Additional CLOMR or LOMR Reviews $1,115 $1,115 $1,115 $1,115 TIA (original + 1 resubmittal $2,775 $2,775 $2,775 $2,775 Additional 'CIA Reviews $1,000 $1,000 $1,000 $1,000 We appreciate the opportunity to present our proposed fee schedule. If you would like to meet to discuss this further, we would be glad to do so. a~ v a~ N O Q. d U O C O ~ c N o ~ O o a U LL L m 0 to W) 0) 0 F" O N M V fA !A co 00 Z C (D O ~ C N U) (L O 0 N O ° 2 . E U Z Q C C o ° c co (D L ~ C O O O LO 6 LO LO 0 Q C I N ( c0 O L O L Z ~U ,d O 0 O O C W 10) = O O O c CL LO 6 LO Ul) LO _ 2 E c c0 60 o U Z L ~ O O C Q N In 4 LO 'i a ..L O U Z o c L L :3 O tc) LO 1 1 O ° Z U a a~ O O - u. rn o o r v ~ ~ c E E v c . Y LL v Y c Q 2 l ~ a w