21-1076 - 6590-042 - Amendment 3 Ordinance ExecutedORDINANCE NO. 2 1- 1076
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE APPROVAL OF A THIRD AMENDMENT TO A
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND
FREESE AND NICHOLS, INC, AMENDING THE CONTRACT APPROVED BY CITY
COUNCIL ON OCTOBER 16, 2018, IN THE NOT-TO-EXCEED AMOUNT OF $1,200,000.00,
AMENDED BY AMENDMENTS 1-2 APPROVED BY PURCHASING, SAID THIRD
AMENDMENT TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR THE
SOUTHEAST DENTON NEIGHBORHOOD STREET RECONSTRUCTION PROJECT AND
PROGRAM MANAGEMENT SERVICES FOR THE COMPLETION OF THE 2019 STREET
RECONSTRUCTION BOND; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE (FILE 6590-042 – PROVIDING FOR AN
ADDITIONAL THIRD AMENDMENT EXPENDITURE AMOUNT NOT-TO-EXCEED
$ 1,257,254.00 WITH THE TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $2,457,254.00).
WHEREAS, on October 16, 2018, by Ordinance No. 18- 1663, the City awarded a contract to
Freese and Nichols, Inc. in the amount of $ 1,200,000.00 for on-call engineering related professional
services ;
WHEREAS, on May 14, 2020, Purchasing awarded a First Amendment to Freese and
Nichols, Inc. for a 10% rate reduction to help with COVID- 19 relief;
WHEREAS, on February 3, 202 1 , Purchasing awarded a Second Amendment to Freese and
Nichols, Inc. for an updated Schedule of Charges to the original contract;
WHEREAS, the additional fees under the proposed Third Amendment are fair and
reasonable and are consistent with, and not higher than, the recommended practices and fees
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 Third Amendment, increasing the amount of the contract between the City
and Freese and Nichols, Inc., which is on file in the office of the Purchasing Agent, in the amount of
One Million Two Hundred Fifty-Seven Thousand Two Hundred Fifty-Four and 00/100
$1,257,254.00) Dollars, is hereby approved, and the expenditure of funds therefor is hereby
authorized in accordance with said amendment which shall be attached hereto. The total contract
amount increases to $2,457,254.00.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by Eu \ Me \ bc( and
seconded by \Jt (uV_;\ p)qt d . This ordinance was passed and approved by thefollowing vote [L - ] D :
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck. District 2:
Jesse Davis. District 3 :
Alison Maguire, District 4:
Deb Armintor, At Large Place 5 :
Paul Meltzer, At Large Place 6:
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PASSED AND APPROVED this the BOA day of TunE , 2021
GERARD FiFKN
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ATTEST:
ROSA RIOS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
CATHERINE CLIFTON, INTERIM CITY ATTORNEY
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