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