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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: a-AL PASSED AND APPROVED this the BOA day of TunE , 2021 GERARD FiFKN bIll 1111110 ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: CATHERINE CLIFTON, INTERIM CITY ATTORNEY gILac IEFTeIc=Z=;1;:oL=,ndnc=cHad ILI g=:;02alr:£.:'Iq:::SEp-oo:::Jon Iom IWt fI bUyL :iF,T{:if='1;’„:J£:'M BY: