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2001-187ORDINANCE NO Mel / AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDED PROFESSIONAL SERVICES AGREEMENT WITH EMCON FOR COMPLETION OF CONSTRUCTION QUALITY ASSURANCE AND CONSTRUCTION MANAGEMENT TASKS FOR CITY OF DENTON LANDFILL CELLS 2A AND 2B, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council deems it in the public interest to continue to engage the firm of EMCON, an operating subsidiary of the IT Group, a Corporation ("BMCON" to provide professional construction quality assurance and construction management tasks for the construction of City of Denton Landfill Cells 2A and 2B, and WHEREAS, the City staff has reported to the City Council that there is a substantial need for completion of the above-described professional services, and that limited City staff cannot adequately perform the services and tasks with its own personnel, and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act", generally provides that a City may not select a provider of professional services on the basis of competitive bids, but must select the provider on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price, and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the professional services, as set forth in the First Amended Professional Services Agreement, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City Manager is hereby authorized to execute a First Amended Professional Services Agreement with EMCON, of Fort Worth, Texas, for professional construction quality assurance and construction management tasks for the construction of City of Denton Landfill Cells 2A and 2B, in substantially the form of the Furst Amended Professional Services Agreement attached hereto and incorporated herewith by reference SECTION 2 That the award of this First Amended Agreement by the City is on the basis of the continued demonstrated competence, knowledge, and qualifications of EMCON and the ability of EMCON to perform the professional services needed by the City for a fair and reasonable price SECTION 3 That the expenditure of funds as provided in the attached First Amended Professional Services Agreement is hereby authorized SEQTION 4 That this ordmance shall become effective immediately upon its passage and approval / PASSED AND APPROVED this the ! day of 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY e By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By CIA. S \Our Documents\OrdinancesWITNICON First Amended PSA ord doe THE'STATE OF TEXAS COUNTY OF DENTON FIRST AMENDED AGREEMENT FOR PROFESSIONAL SERVICES THIS FIRST AMENDMENT to that certain Professional Services Agreement, executed September 26, 2000, heretofore entered into by and between the City of Denton, Texas, a Texas Municipal Corporation with its offices at 215 East McKinney Street, Denton, Texas 76201 (hereafter referred to as "CITY"), and the firm of EMCON (an operating subsidiary of the IT Group), with its offices at 5701 East Loop 820 South, Fort Worth, Texas 76119 (hereafter referred to as "EMCON"), acting herein by and through their respective duly authorized signatories, and NOW THEREFORE, the City of Denton, Texas and the firm of EMCON (hereafter collectively referred to as the "PARTIES"), in consideration of their mutual promises and covenants, as well as for other good and valuable considerations, do hereby AGREE to the following amendments to the terms and conditions of the Professional Services Agreement (hereafter the "Agreement") previously approved by the City Council, to wit That those "Additional Services" set forth in the Memorandum from David R Friels, P E of EMCON to P S Arora, P E of the CITY, dated April 11, 2001, marked and attached as Exhibit I hereto, shall also be performed by EMCON, as provided by and in accordance with Article III of the Agreement and the other Articles of the Agreement II That the provisions of the last sentence of Section V B 1 of the Agreement shall instead read an additional $48,285 00 of compensation payable by the CITY to EMCON, as follows "OWNER agrees to pay to CONSULTANT for its professional services performed, and for its out-of-pocket expenses incurred in the Project, a total amount not to exceed $168,000 " III The PARTIES agree, that except as specifically provided for by this First Amended Agreement for Professional Services, that all of the terms, covenants, conditions, agreements, rights, responsibilities, and obligations of the PARTIES set forth in the Agreement, shall remain in full force and effect IN WITNESS WHEREOF, the City of Denton, Texas and the firm of EMCON have executed this First Amended Agreement for Professional Services, in (4) original counterparts, b d through their respective duly authorized representatives and officers on this the day of W&~ 2001 "CITY" CITY OF DENTON, TEXAS A Texas Municipal Corporation By Howard Marti Interim City Manager ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By &W~jj "EMCON" 0 1~7 By ATTEST og-~~~ S \Our Documents\Contrncts\OAENICON Fist Amended Agrmt Denton Landfill doc