2010-202ORDINANCE NO. 2010-202
AN ORDINANCE APPROVING A "FIRST AMENDMENT TO PROFESSIONAL SERVICES
AGREEMENT FOR ARCHITECT OR ENGINEER" BY AND BETWEEN THE CITY OF
DENTON, TEXAS AND MALCOLM PIRNIE, INC. TO PROVIDE ENGINEERING
SERVICES FOR THE DESIGN OF THE LAKE LEWISVILLE WATER TREATMENT
PLANT REHABILITATION AND PROCESS UPGRADE; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE
4399-PROVIDING FOR AN ADDITIONAL $139,100 FOR ADDITIONAL SERVICES ON
THE PROJECT FOR A TOTAL AWARD OF $2,739,100).
WHEREAS, on August 18, 2009 the Council selected Malcolm Pirnie, Inc. a professional
engineering firm ("Pirnie") to provide professional services for the design of the Lake Lewisville
Water Treatment Plant Rehabilitation and Process Upgrade (the "Project"); and the Council
awarded a "Professional Services Agreement for Architect or Engineer" ("Agreement") to Pirnie
in the original sum of $2,600,000; and
WHEREAS, Pirnie has been selected as the most highly qualified firm on the basis of its
demonstrated competence and qualifications to perform the proposed professional engineering
services; and
WHEREAS, the fees under the Agreement are fair and reasonable and are consistent with
and not higher than the recommended practices and fees published by the professional
associations applicable to Pirnie's profession, and such fees do not exceed any maximum
provided by law; and
WHEREAS, a first amendment to the Agreement is necessary because the original
engineering design for the project was based upon the pre-ozonation treatment process; during
the course of the design phase, source water quality and ozone treatability studies were
conducted to size ozone generation and ozone pretreatment, said analysis resulted in a design
change for the placement of the ozone treatment process from pre-ozonation at the head of the
plant to intermediate ozonation between the plant sedimentation basins and the plant filters; and
Staff is pleased with the overall quality of the work performed thus far under the Agreement by
Pirnie regarding the preliminary design phase of the project and is satisfied with the final scope
of services and fee negotiations represented in the Agreement; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council hereby authorizes and approves the "First Amendment to
Professional Services Agreement for Architect or Engineer" ("First Amendment") entered into
by and between the City of Denton, Texas and Malcolm Pirnie, Inc. in the amount of $139,100
as provided for therein; said First Amendment is attached hereto as Exhibit "A" and is
incorporated herewith by reference.
SECTION 2. The City Manager is hereby designated to execute the First Amendment.
SECTION 3. The City Manager is hereby authorized to expend funds as provided for by
the First Amendment.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the r/ day of , 2010.
2 i
MARK A. BURRbUd YOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: ("w'), W'
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
B
y:
Page 2
THE STATE OF TEXAS §
COUNTY OF DENTON §
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
FOR ARCHITECT OR ENGINEER
WHEREAS, a "Professional Services Agreement for Architect or Engineer" (hereafter
the "Agreement") was approved by the Denton City Council on August 18, 2010 as evidenced
by Ordinance No. 2009-187, and said Agreement was entered into on the 18th day of August,
2009, by and between MALCOLM PIRNIE, Inc., a Corporation (hereafter the
"PROFESSIONAL"), acting by and through its duly empowered officers and representatives;
with its corporate offices at 44 South Broadway, 15th Floor, White Plains, New York 10601
and an office at 12400 Coit Road, Suite 1200, Dallas, Texas 75251; and the CITY OF
DENTON, TEXAS, a Texas municipal corporation, with its offices at 215 East McKinney
Street, Denton, Texas 76201, acting by and through its duly authorized and empowered City
Manager (hereafter "OWNER"); and which Agreement provided for certain necessary
licensed professional engineering services, with expenditure authority not-to-exceed
$2,600,000 regarding the "Lake Lewisville Water Treatment Plant Rehabilitation and Process
Upgrade" (the "Project"); and both PROFESSIONAL and the OWNER have each resolved
and agreed that the Agreement should be continued 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 for Architect and Engineer" (hereafter
the "First Amendment"), as the scope of services to be rendered by PROFESSIONAL to the
OWNER has been increased by the sum of $139,100 in additional professional engineering
fees, increasing the amount of this engagement from $2,600,000, the amount of the
Agreement, to a total of not-to-exceed $2,739,100; this amendment provides for an expansion
of the professional services to be rendered by PROFESSIONAL, as set forth in that certain
"Lake Lewisville Water Treatment Plant Upgrade Amendment No. 1" proposal addressed
from PROFESSIONAL to Tim Fisher, P.E., Assistant Director of Water Utilities of OWNER,
on July 27, 2010, which proposal is attached hereto as Exhibit "A" and which proposal is
incorporated by reference herein, in this First Amendment, to wit:
SECTION 1.
PREAMBLE INCORPORATED HEREWITH BY REFERENCE
The above Preamble is incorporated by reference into this Agreement.
SECTION 2.
CONTINUED EMPLOYMENT OF DESIGN PROFESSIONAL
In addition to the original scope of services that is attached to the Agreement executed
by PROFESSIONAL and OWNER on August 18, 2009, there is an additional scope of
services letter that is attached hereto as Exhibit "A" which is incorporated by reference. This
First Amendment and its additional scope of services is necessary because the original
engineering design for the Project was based upon the pre-ozonation treatment process;
during the course of the design phase, source water quality and ozone treatability studies were
conducted to size ozone generation and ozone pretreatment, said analysis resulted in a design
change for the placement of the ozone treatment process from pre-ozonation at the head of the
plant to intermediate ozonation between the plant sedimentation basins and the plant filters;
and
The PROFESSIONAL shall perform those additional professional engineering and
design services as contained in Exhibit "A" to the First Amendment attached hereto. To the
extent that any of the conditions in said original Agreement have changed, then the conditions
on Exhibit "A" shall be applicable. All other provisions of Section 1 of the original
Agreement shall remain intact and in full force and effect.
SECTION 3.
BASIC SERVICES
For Basic Services the compensation for this First Amended Agreement shall be an
additional $139,100, aggregating $2,739,100 for the professional engineering and design
services to PROFESSIONAL for this engagement.
SECTION 4.
ENTIRE AGREEMENT
The First Amendment includes the executed Agreement, executed August 18, 2009 by
PROFESSIONAL and OWNER, as well as this First Amended Agreement. It further
includes the City of Denton General Conditions to the original Agreement for Architectural or
Engineering Services; it further includes the Insurance Requirements that are attached to the
original Agreement for Architectural or Engineering Services.
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, executed on the 18th day of August, 2009, shall remain in full force and effect.
This First Amendment shall be executed in four originals.
2
SIGNED AND DATED b the duly-a tho ized representatives and officers of the
parties hereto effective on the day of 2010.
"OWNER"
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By:
GEORGE C. CAMPBELL
CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
14 V
"PROFESSIONAL"
MALCOLM PIRNIE, INC.
A Corporation
By:
RANDALL G. cINTYRE, P.E.
VICE PRESIDENT
ATTEST:
Exhibit A
INDEPENDENT ENVIRONMENTAL
ENGINEERS, SCIENTISTS
AND CONSULTANTS
Malcolm Pirnie, Inc.
12400 Colt Road, Suite 1200
Dallas, TX 75251
P 972.934.3711 r 972.934.3662
www.pirnie.com
July 27, 2010
Mr. Timothy Fisher, PE
Assistant Director, Water Utilities Department
City of Denton
901-A Texas Street
Denton, TX 76209
Re: Lake Lewisville Water Treatment Plant Upgrade - Amendment No.1
Dear Tim:
This letter summarizes Malcolm Pirnie's scope and fees to perform additional treatability
studies, design, and construction administration services related to implementation of settled
water ozone application in lieu of raw water application as originally delineated in the
Professional Services Agreement (PSA) for the Lake Lewisville Water Treatment Plant
(LLWTP) Upgrade Project. The scope, associated level of effort, and resulting engineering
fees for the additional services have been finalized based on our previous discussions and
negotiations meeting held on July 15, 2010.
Background
The LLWTP Upgrade Study (2006) included an evaluation of various alternatives to target
future regulations and water quality goals as established with the City. The selected
alternative included the addition of ozone to meet these goals. Raw water ozone was selected
based on initial considerations for how to incorporate the ozone system into the existing plant
where more complex construction would be required to implement a settled water application.
Malcolm Pirnie recommended treatability studies at the outset of design (commenced in
September 2009) to confirm ozone doses required for raw water application and to check
bromate by-product formation (a regulated by-product). These efforts were completed under
the original Scope of Work as delineated in the PSA. The treatability results indicated higher
ozone doses would be required for raw water application and bromate by-product formation
potential was such that mitigation strategies would be required.
Considering the implications of the treatability studies, Malcolm Pirnie recommended
conducting additional studies for ozonation of settled water. Malcolm Pirnie recently
conducted these studies and the results indicate lower ozone doses will be required to meet
Solutions for Life" 0
Mr. Timothy Fisher
City of Denton, Texas
July 27, 2010
Page 2 of 2
water quality goals when applied to the settled water. The lower ozone doses will translate to
less liquid oxygen and power use to generate ozone, and lower bromate by-product formation.
Based on discussions with the City and LLWTP staff regarding the long-term process and
operational implications, it was agreed that settled water application is the recommended, and
preferred, approach. Implementing settled water ozonation requires design and
implementation of a low-lift pumping station, additional infrastructure features to route water
to and from the ozone contactors, and electrical and controls for the pump station.
Scope of Additional Services
The scope for the additional services shall be as follows:
1. Conduct and summarize settled water ozone treatability studies.
2. Update / revise the ozone system design basis summary for settled water application.
3. Update the ozone system supplier evaluation package for basis on settled water ozone
application.
4. Develop design basis and summary for the low-lift pumping station.
5. Prepare detailed design plans and specifications pertaining to the low-lift pumping station.
6. Review shop drawing submittals and address items related to the low-lift pumping station
as part of construction administration phase services.
Level of Effort and Engineering Fees
The level of effort to provide these services is summarized in the attached spreadsheets. We
respectfully request authorization of an amendment for $139,100.00 to provide these
services. Please let me know if you have any questions or comments.
Very truly yours,
MALCOLM PIRNIE, INC.
Robert W. Hoffman, PE
Associate
Enclosures
Cc: 5673006 File C.1 and Randy McIntyre - Malcolm Pirnie, Inc.
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Denton Lake Lewisville WTP Upgrade
Summary of Fees by Phase with Amendment No.1
July 27, 2010
Fee as % of
Phase
Total
Construction Budget
Design'
$ 2,125,280
7.2%
Bide
$ 90,300
0.3%
Construction Admin3
$ 523,520
1.8%
Subtotal
$ 2,739,100
9.3%
Construction cost
Total increase in design fees from Amendment No. 1 - $111,280.00
x Bid phase services are not Impacted by Amendment No. 1
° Total increase in construction administration fees from Amendment No. 1 = $27,820.00
$ 29,550,000.00
Malcolm Pirnie, Inc. Confidential 7/27/2010 Page 1