21-1528 - 6590-084 - Amendment 2 Ordinance ExecutedORDINANCE NO. 21-1528
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL
CORPORATION, AUTHORIZING THE APPROVAL OF A SECOND AMENDMENT TO A
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND
KIMLEY-HORN AND ASSOCIATES, INC., AMENDING THE CONTRACT APPROVED BY
CITY COUNCIL ON JANUARY 14, 2020, IN THE NOT -TO -EXCEED AMOUNT OF
922,800.00; AMENDED BY AMENDMENT 1 APPROVED BY CITY COUNCIL; SAID
SECOND AMENDMENT TO PROVIDE UTILITY CONFLICT ANALYSIS, SURVEYING,
EASEMENT ACQUISITION, DESIGN, BIDDING, AND CONSTRUCTION ADMINISTRATION
SERVICES IN SUPPORT OF THE STATE REIMBURSABLE RELOCATION OF WATERAND
WASTEWATER UTILITIES WITHIN THE INTERSTATE HIGHWAY 35E RIGHT-OF-WAY;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE (FILE 6590-084 — PROVIDING FOR AN ADDITIONAL SECOND
AMENDMENT EXPENDITURE AMOUNT NOT -TO -EXCEED $217,500.00, WITH THE
TOTAL CONTRACT AMOUNT NOT -TO -EXCEED $1,305,300.00).
WHEREAS, on January 14, 2020, by Ordinance No. 20-040, the City awarded a contract to
Kimley-Horn and Associates, Inc. in the amount of $922,800.00, to provide for utility conflict
analysis, surveying, easement acquisition, design, bidding and construction administration services in
support of the State reimbursable relocation of water and wastewater utilities within the Interstate
Highway 35E Right -of -Way; and
WHEREAS, on January 12, 2021, by Ordinance No. 21-019, the City awarded a first
Amendment to Kimley-Horn and Associates, Inc. in the amount of $165,000.00, to provide
additional utility conflict analysis, surveying, easement acquisition, design, bidding, and
construction administration services in support of the State reimbursable relocation of water and
wastewater utilities within the Interstate Highway 3 5 E Right -of -Way; and
WHEREAS, the additional fees under the proposed Second 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 Second Amendment, increasing the amount of the contract between the
City and Kimley-Horn and Associates, Inc., which is on file in the office ofthe Purchasing Agent, in
the amount of Two Hundred Seventeen Thousand Five Hundred and 001100 ($217,500.00) Dollars,
is hereby approved, and the expenditure of funds therefor is hereby authorized in accordance with
said amendment which shall be effective upon the execution of the amendment attached hereto. The
total contract amount increases to $1,305,300.00.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by fj7 y,, on •(ViG q u, C e- and
seconded by Z C V—`. a t This ordinance was passed and approved by the
following vote [j-- - :
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: C
PASSED AND APPROVED this the day of L1S- , 2021.
ATTEST:
ROSA RIOS, CITY SECRETARY
GERARD HUD ETH, MAYOR
APPROVED AS TO LEGAL FORM:
CATHERINE CLIFTON, INTERIM CITY ATTORNEY
Digitally signed by Marcella Lunn
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emailmMa"elia.Lunn@cityofdenton.com
B Y : Date–. 2021.07.13 11:58:10 -05'x0'