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21-2680 - 6590-093 - Amendment 1 Ordinance Executed21-2680 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL CORPORATION, AUTHORIZING THE APPROVAL OF A FIRST AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND FREESE AND NICHOLS, INC., AMENDING THE CONTRACT APPROVED BY CITY COUNCIL ON SEPTEMBER 22, 2020, IN THE NOT -TO -EXCEED AMOUNT OF $1,472,700.00; SAID FIRST AMENDMENT TO PROVIDE ADDITIONAL DESIGN SERVICES FOR THE RAY ROBERTS WATER TREATMENT PLANT UPRATING AND PERFORMANCE IMPROVEMENTS PROJECT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFQ 6590-093 — PROVIDING FOR AN ADDITIONAL FIRST AMENDMENT EXPENDITURE AMOUNT NOT -TO -EXCEED 663,310.00, WITH THE TOTAL CONTRACT AMOUNT NOT -TO -EXCEED $2,136,010.00). WHEREAS, on September 22, 2020, by Ordinance No. 20-1828, the City awarded a contract to Freese and Nichols, Inc., in the amount of $1,472,700.00, to provide regulatory permitting, process evaluation, design services, and Texas Water Development Board funding assistance in support of the Lake Ray Roberts Water Treatment Plant Capacity Uprate, Regulatory and Performance Upgrades Project; and WHEREAS, the additional fees under the proposed First 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 First Amendment, increasing the amount of the contract between the City and Freese and Nichols, Inc., which is on file in the office ofthe Purchasing Agent, in the amount of Six Hundred Sixty -Three Thousand Three Hundred Ten and 00/100 ($663,310.00) 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 ofthe amendment attached hereto. The total contract amount increases to $2,136,010.00. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by and seconded by 7EK l 0•^ 2 C k— _ _ The ordinance was passed and approved by the following vote [-7 - 0 1: 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: Aye Nay Abstain Absent PASSED AND APPROVED this the ) `i th day of cesnb2 , 2021. ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Digitally signed by Marcella Lunn DN: cn=Marcella Lunn, o, ou=City LU of Denton, BY. email=marcella.lunnCacitvofdent on.com, c=US Date: 2021.11.01 16:20:56 -05'00' GERARD HUDSPETH, MAYOR