2016-006ORDINANCE NO. 2016-006
AN ORDINANCE APPROVING A "THIRD AMENDMENT TO PROFESSIONAL
SERVICES AGREEMENT FOR ARCHITECT OR ENGINEER" BY AND BETWEEN THE
CITY OF DENTON, TEXAS AND MALCOLM PIRNIE, INC., NOW KNOWN AS ARCADIS
US, 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 $146,823 FOR
ADDITIONAL SERVICES ON THE PROJECT - AGGREGATING $3,850,233).
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, on May 17, 2011 the Second Amendment (hereafter the "Second
Amendment "), providing for further professional services for the Project was approved by the
City Council in the amount of an additional $964,260, by Ordinance No. 2011 -085; and
WHEREAS, Pirnie (now "Arcadis ") has been heretofore selected as the most highly
qualified firm on the basis of its demonstrated competence and its 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 Pimie's profession, and such fees do not exceed any maximum
provided by law; and
WHEREAS, a Third Amendment to the Agreement is necessary as there is a need for
further professional services to complete the Project, and on this date staff recommends that
Council approve a Third Amendment (hereafter the "Third Amendment "), providing for further
professional services in the way of additional Engineering Construction Phase Services and
Resident Engineering Services and deducting Non - Betterment Errors and Omissions on the
Project, being in the additional amount of $146,873;
WHEREAS, staff is pleased with the overall quality of the work performed thus far under
the Agreement, the First Amendment and the Second Agreement by Pirnie regarding the Project;
and is satisfied with the final scope of services and fee negotiations represented in the
Agreement, the First Amendment, the Second Amendment and now the Third Amendment;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. The Preamble to this Ordinance is hereby adopted by reference for all
purposes.
SECTION 2. The City Council hereby authorizes and approves the "Third Amendment
to Professional Services Agreement for Architect or Engineer" ( "Third Amendment ") entered
into by and between the City of Denton, Texas and Malcolm Pirnie, Inc., now known as
ARCADIS US, Inc. in the amount of $146,873 as provided for therein; said Third Amendment is
attached hereto, in substantially the same form as Exhibit "A" and is incorporated herewith by
reference.
SECTION 3. The City Manager, or his designee is hereby designated to execute the
Third Amendment.
SECTION 4. The City Manager, or his designee is hereby authorized to expend funds as
provided for by the Third Amendment.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
A " '
Page 2
day of 2016..
CHRIS .._„
s_..
WATTS, MAYOR
THE STATE OF TEXAS
COUNTY OF DENTON
.. O. 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 "), now known as ARCADIS US, Inc., 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 CITY 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, a "Second Amendment to Professional Services Agreement for Architect
or Engineer" (hereafter the "Second Amendment "), was approved by the Denton City Council
on May 17, 2011 as evidenced by Ordinance No. 2011 -085, and said Second Amendment was
entered into by and through its duly empowered officer and representatives, and the CITY OF
DENTON, TEXAS, a Texas Municipal Corporation, and which Second Amendment provided
for certain necessary licensed professional engineering services, with expenditure authority
not -to- exceed an additional $964,260 regarding the Project; and
WHEREAS, MALCOLM PIRNIE, Inc. a Corporation is now known as ARCADIS
US, Inc. its successor, who is now the Professional engaged by the City of Denton; and
WHEREAS, both PROFESSIONAL and the OWNER have each resolved and agreed
that the Agreement should be continued and amended for a third time as to certain provisions,
to wit:
NOW, THEREFORE, in consideration of the covenants and agreements herein
contained, PROFESSIONAL and the OWNER mutually agree to amend the Agreement by
this "Third Amendment to Professional Services Agreement for Architect and Engineer"
(hereafter the "Third Amendment "), as the scope of services to be rendered by
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PROFESSIONAL to the OWNER has been adjusted upward by considering additional
engineering construction phase services, additional resident engineering services, credit for
operations and maintenance training, and credit for errors and omissions on the Project,
resulting in a net increase of $146,873 for additional professional engineering fees, increasing
the amount of this engagement from $3,703,360, the total amount of the Agreement, First
Amendment, and Second Amendment, to a total of not -to- exceed $3,850,233; this Third
Amendment provides for a netting of the professional services to be rendered by
PROFESSIONAL, as set forth in that certain "Lake Lewisville Water Treatment Plant
Upgrade Amendment No. 3" proposal addressed from PROFESSIONAL to Tim Fisher, P.E.,
Assistant Director of Water Utilities of OWNER, on October 29, 2015, which proposal is
attached hereto as Exhibit "A" and which proposal is incorporated by reference herein, in this
Third Amendment, to wit:
SECTION
P?-E,4AfBiE--WCORPORATED HEREWITH BY REFERENCE
The above Preamble is hereby incorporated by reference into this Agreement.
SECTION 2.
rwof r • • •
In addition to the original three scopes of services that are attached to the Agreement,
the First Amendment and the Second Amendment, previously executed by PROFESSIONAL
and OWNER on August 18, 2009, September 7, 2010 and May 17, 2011 respectively, there is
an additional scope of services letter dated October 29, 2015 that is attached to this Third
Amendment as Exhibit "A" which is incorporated by reference herewith. This Third
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; and
The PROFESSIONAL shall perform those additional professional engineering and
design services as contained in Exhibit "A" to the Third 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 Third Amendment shall be an additional
$146,873, aggregating $3,850,233 for the professional engineering and design services to
PROFESSIONAL for this engagement.
K
EXHIBIT A
SECTION 4.
ENTIRE AGREEMENT
The Third Amendment includes within its terms, the executed Agreement, executed
August 18, 2009 by PROFESSIONAL and OWNER, as well as the First Amended
Agreement, executed by PROFESSIONAL and OWNER on September 7, 2010, together with
the Second Amended Agreement, executed by PROFESSIONAL and OWNER on May 17,
2011. It further includes the City of Denton General Conditions to the original Agreement for
Architectural or Engineering Services; and it finally 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, sculiorts un(I subst.ctioiis of the Profcssir. ial Services Agrecnier)t liar Architect or
Engineer, ex ecoled oti the IS"' day of August, 2009, tlie [Zirst Aineminicnt thereat.), executed
on the 7t" dory of Sclit:c:Ntt4er, 2010, and the Secorid Atncnn(hi�icitt thereto, shall each remain in
full force and effect.
This Third Amendment shall be executed in four originals.
SIGNED AND DATED by the duly- authorized representatives and officers of the
parties hereto effective on tl r W day o d rim .... 2016.
"OWNER"
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
.,,.
GEORGE c. CAMP] ELL
CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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