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2008-184ORDINANCE NO.®Q AN ORDINANCE APPROVING AMENDMENT NO. I TO THE PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND CHIANG, PATEL & YERBY, INC. TO PROVIDE PROFESSIONAL DESIGN, DEVELOPMENT, AND CONSTRUCTION RELATED SERVICES FOR THE CITY OF DENTON SOLID WASTE DEPARTMENT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR IN THE AMOUNT OF AN ADDITIONAL $20,000 (FOR A TOTAL AWARD OF $110,000); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on January 29, 2008, the City Manager awarded a Professional Services Agreement to Chiang, Patel & Yerby, in the amount of $90,000 for the professional development, design and construction related services for the City of Denton Solid Waste Department; WHEREAS, the Staff having recommended, and the City Manager having recommended to the Council that a change order be authorized to amend such contract agreement with respect to the scope of work and an increase in the payment amount, and said change order fees under the proposed contract are fair and reasonable and are consistent with and not higher than the recommended practices and fees published by the professional associations applicable to the Provider's profession and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Amendment No. 1, increasing the amount of the Professional Services Agreement between the City and Chiang, Patel and Yerby, Inc., which is on file in the office of the Purchasing Agent, in the amount of Twenty Thousand and 00/100 ($20,000.00) Dollars, is hereby approved and the expenditure of funds therefor is hereby authorized in accordance with said change order. The total purchase order amount increases to $110,000.00. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /q#t day of 2008. C41AAe4ldG S iMAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: I I , )bj APPROVED AS TO LEGAL FORM: JOHM M. KNIGHT, INTERIM CITY ATTORNEY BY: 3- -File 3961 Exhibit 1 P&YJ Partners for a Better Quality of Ufa July 9, 2008 Mr. David Dugger Solid Waste Department City of Denton 1527 S. Mayhill Road Denton, Texas 76206 Subject: Change Order Request for Professional Services Solid Waste Facilities Assistance Dear Mr. Dugger. Chiang, Patel & Yerby, Inc. (CP&Y) is requesting a Change Order for additional services under our current Agreement with the City of Denton, dated January 29, 2008 (Purchase Order Number 137059). This current Agreement is based upon Hourly Rates for time actually expended to assist the City with various Solid Waste Projects with a Maximum Not-to-Exceed Fee established at $90,000. CP&Y has assisted, and continues to assist, the City with several projects under this Agreement. This Change Order request is a result primarily of the additional manhours that were required for field observation of the installation of the gas collection and recovery system at the landfill. These additional work efforts were billed at agreed upon Hourly Rates, and as a result we have reached our currently authorized maximum fee of $90,000. However, we are currently assisting the City with several other projects that are not completed. These incomplete projects include: • Scalehouse Construction Observation Services • Preparation and Submission of a Registration Application to TCEQ for a solid waste transfer station • Preparation and submission of a Pennft Modification to TCEQ for the Landfill to change the Permit Boundary and relocate a landfill gas monitoring well to accommodate a new Storage Basin for the City Wastewater Treatment Plant. in order 'to complete these projects to the satisfaction of the City, CP&Y is requesting a Change Order in the amount Not-to-Exceed an additional Twenty Thousand and no/100 Dollars ($20,000). We would continue to perform these services at the agreed upon Hourly Rates in the original contract, with the new total Not-to-Exceed Maximum Fee of $110,000. If this Change Order is satisfactory, we request that the City authorize this additional fee for the remaining work tasks to complete the above noted Projects. Respectfully submitted, Chiang, Patel & Yerby, Inc. William R. Hindman, P.E. Principal r.~ f (hiong, Patel & Yerby, Inc. F,XMBIT 1820 Regal Row, Su'tte 200 Dallas, Texas 75235 214.638.0500.214.638.3723 fax www.epyi.com