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22-898 - 7574-010 - Ordinance ExecutedORDiNANCE NO. 22-898 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNIC'IPALCORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONALSERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC., FOR REGULATORY PERMITTING/APPROVAL SUPPORT, PROCESS EVALUATION, DESIGNSERVICES, BIDDING ASSISTANCE, CONSTRUCTION PHASE SERVICES. AND EASEMENT ACQUISITION FOR THE 1-35 TO MILAM CREEK PHASE II PROJECT FOR THEWATER UTILITIES DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFQ 7574-olo – PROFESSIONALSERVICES AGREEMENT FOR DESIGN AND CONSTRUCTION PHASE SERVICESAWARDED TO KIMLEY-HORN AND ASSOCIATES, INC., IN THE NOT-TO-EXCEED AMOUNT OF $751,100.00). WHEREAS, on March 23, 202 1, the City Council approved a pre-qualified engineer list for Water and Wastewater (Ordinance 2 1-546), and the professional services provider (the “Provider”) mentioned in this ordinance is being selected as the most highly qualified on the basis of its demonstrated competence and qualifications to perform the proposed professional services; and WHEREAS, the fees under the proposed contract are fair and reasonable and are consistent with, and not higher than, the recommended practices and fees published by the professionalassociations 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 City Manager, or their designee, is hereby authorized to enter into an agreement with to Kimley-Horn and Associates, Inc., to provide professional design and construction phase services for the City of Denton, a copy of which is attached hereto and incorporated by reference herein. SECTION 2. The City Manager, or their designee, is authorized to expend funds as required by the attached contract. SECTION 3. The City Council of the City of Denton, hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under this ordinance to the City Manager of the City of Denton, or their designee. SECTION 4. The findings in the preamble of this ordinance are incorporated herein byreference. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was seconded by if ian b&AliBI F4Aqu\andmade by land approved byThis ordinance was pas: the following vote Ll - U Aye Nay Abstain Absent Mayor Gerard Hudspeth:Vicki Byrd, District 1 : Brian Beck, District 2:Jesse Davis, District 3 :IZb/ b/ /Alison Maguire, District 4:Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: PASSED AND APPROVED this the taM day of bAaLA 2022 bA ATTEST: ROSA RIOS, CITY SECRETARY L\\\\\11111111 M--A APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Digitally signed by MarcellaLunn DN: cn=Marcella Lunn, o,LI on.com. c=US Date: 2022.05.1 0 10:51 :Zn -05'00' Fb :::fI!=rFID:rr:nmrittif\frIar\tou=City of Denton,I ]BY, MJMatJJ\