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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 1*14 81 MI 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 By' 1 *114 lop I IN � ali maym RUMOVAMOteggowd A Corporation By -