2011-085ORDINANCE NO. 2011-085
AN ORDINANCE APPROVING A "SECOND 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
(PROVIDING FOR AN ADDITIONAL $964,260 FOR ADDITIONAL SERVICES ON THE
PROJECT-AGGREGATING $3,703,360).
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, approved by Ordinance No. 2009-187; and
WHEREAS, on September 7, 2010 the First Amendment to such Agreement (hereafter
the "First Amendment"), providing for additional professional services for the Project was
approved by the City Council in the amount of an additional $139,100, by Ordinance No. 2010-
202; and
WHEREAS, Pirnie has been heretofore 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 Second Amendment to the Agreement is necessary because additional
services need to be added to the Project as described in said Second Amendment and Staff is
pleased with the overall quality of the work performed thus far under the Agreement and the
First Amendment by Pirnie regarding the Project; and is satisfied with the final scope of services
and fee negotiations represented in the Agreement, the First Amendment and the Second
Amendment; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Preamble to this Ordinance is hereby adopted by reference for all
purposes.
SECTION 2. The City Council hereby authorizes and approves the "Second Amendment
to Professional Services Agreement for Architect or Engineer" ("Second Amendment") entered
into by and between the City of Denton, Texas and Malcolm Pirnie, Inc. in the amount of
$964,260 as provided for therein; said Second Amendment is attached hereto as Exhibit "A" and
is incorporated herewith by reference.
SECTION 3. The City Manager is hereby designated to execute the Second Amendment.
SECTION 4. The City Manager is hereby authorized to expend funds as provided for by
the Second Amendment.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the 10day of '2011.
MARK A. BURROU , ~4YOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By. 1
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THE STATE OF TEXAS §
COUNTY OF DENTON §
SECOND 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 104 Corporate Park Drive, White Plains, New York 10602 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
WHEREAS, a "First Amendment to Professional Services Agreement for Architect or
Engineer" (hereafter the "First Amendment"), was approved by the Denton City Council on
September 7, 2010 as evidenced by Ordinance No. 2010-202, and said First Amendment was
entered into on September 7, 2010, by and between MALCOLM PIRNIE, Inc., a Corporation,
acting by and through its duly empowered officer and representatives; and the CCITY OF
DENTON, TEXAS, a Texas Municipal Corporation, and which First Amendment provided
for certain necessary licensed professional engineering services, with expenditure authority
not-to-exceed an additional $139,100 regarding the Project; and
WHEREAS, both PROFESSIONAL and the OWNER have each resolved and agreed
that the Agreement should be continued and amended for a second time 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
"Second Amendment to Professional Services Agreement for Architect and Engineer"
(hereafter the "Second Amendment"), as the scope of services to be rendered by
PROFESSIONAL to the OWNER has been increased by the sum of $964,260 in additional
professional engineering fees, increasing the amount of this engagement from $2,739,100, the
total amount of the Agreement and First Amendment, to a total of not-to-exceed $3,703,360;
this Second 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. 2" proposal addressed from PROFESSIONAL to Tim Fisher, P.E.,
Assistant Director of Water Utilities of OWNER, on May 2, 2011, which proposal is attached
hereto as Exhibit "A" and which proposal is incorporated by reference herein, in this Second
Amendment, to wit:
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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 two scopes of services that are attached to the Agreement
and the First Amendment previously executed by PROFESSIONAL and OWNER on August
18, 2009 and September 7, 2010 respectively, there is an additional scope of services letter
dated May 2, 2011 that is attached to this Second Amendment as Exhibit "A" which is
incorporated by reference herewith. This Second Amendment and its additional scope of
services is necessary for further progress on the "City of Denton Lake Lewisville Water
Treatment Plant ("LLWTP") Upgrade Project" to provide for: Resident Engineer Services;
Operations and Maintenance Training; and Start-up and Post-Construction Services; and
The PROFESSIONAL shall perform those additional professional engineering and
design services as contained in Exhibit "A" to the Second 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 Second Amendment shall be an
additional $964,260, aggregating $3,703,360 for the professional engineering and design
services to PROFESSIONAL for this engagement.
SECTION 4.
ENTIRE AGREEMENT
The Second Amendment includes the executed Agreement, executed August 18, 2009
by PROFESSIONAL and OWNER, as well as the First Amended Agreement, executed by
PROFESIONAL and OWNER on September 7, 2010. It further includes the City of Denton
General Conditions to the original Agreement for Architectural or Engineering Services; it
further includes the Insurance Requirements that are attached to the original Agreement for
Architectural or Engineering Services.
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SFCTION 5.
AMENDED AGREEMENT
Save and except as amended hereby, all of the remaining clauses, sentences,
paragraphs, sections and subsections of the Professional Services Agreement for Architect or
Engineer, executed on the 18th day of August, 2009, and First Amendment thereto, executed
on the 7th day of September, 2010, shall each remain in full force and effect.
This Second Amendment shall be executed in four originals.
SIGNED AND DATED b the duly-authorized representatives and officers of the
parties hereto effective on the day of , 2011.
"OWNER"
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By:
GEORGE C. CAMPBELL
CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
"PROFESSIONAL"
MALCOLM PIRNI$, INC.
A Corporation
ATTEST:
BY: ev- ` L o^' ~1
RANDALL G. McINT RE, P.E.
By: W •
4V
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