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
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