22-2265 - 6590-093 - Amendment 2 Ordinance ExecutedORDINANCE NO. 22-2265
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPALCORPORATION, AUTHORLZING THE APPROVAL OF A SECOND AMENDMENT TO APROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON ANDFREESE AND NICHOLS, INC., AMENDnvG THE CONTRACT APPROVED BY CITY
COUNCIL ON SEPTEMBER 22, 2020, IN THE NOT-TO-EXCEED AMOUNT OF $ 1,472,700.00;
AMENDED BY AMENDMENT 1 APPROVED BY CITY COUNCIL; SAD SECONDAMENDMENT TO PROVIDE ADDITIONAL PROFESSIONAL, CONSTRUCTION, AND BIDPHASE SERVICES FOR THE LAKE RAY ROBERTS REGULATORY AND PERFORMANCE
UPGRADE PROJECT; PROviDnqG FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE (FILE 6590-093 – PROVIDING FOR AN ADDITIONALSECOND AMENDMENT EXPENDITURE AMOUNT NOT-TO-EXCEED $ 1,470,477.00, WITH
THE TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $3,606,487.00).
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, on December 14, 2021, by Ordinace No. 21-2680, the City awarded a First
Amendment to Freese and Nichols, Inc., in the amount of $663,310.00, for design services for the
Lake Ray Roberts Water Treatment Plant Capacity Uprate, Regulatory and Performance Upgrades
Project; and
WHEREAS, this procurement was undertaken as part of the City’s governmental
function; 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 ORDARVS:
SECTION 1. The Second 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 Four Hundred Seventy Thousand Four Hundred Seventy-Seven
($1,470,477.00) Dollars, is hereby approved and the expenditure of funds therefor is herebyauthorized in accordance with said amendment which shall be attached hereto. The total contract
amount increases to $3,606,487.00.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
Th, m,ti,„ t, ,pprove thi, „di„,„„ w„ made by Br IM hcl ,„d
seconded by JesSe C)(LL) iS . This ordinance was passed and approved by thefollowing vote
Aye
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P/
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Nay Abstain Absent
Mayor Gerard Hudspeth:Vicki Byrd, District 1 :
Brian Beck, District 2:
Jesse Davis, District 3 :
Alison Maguire, District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:
PASSED AND APPROVED this the ISM day of daVey„\b'r , 2022.
MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY b\\\1111111
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APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Digitally signed by MarcellaLunn
DN: cn=Marcella Lunn, o,
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denton.com. c=US
Date: 2022.10.27 20:56:33
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BY: \NxkcMJ\