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23-335 - 6590-104 - Amendment 2 Ordinance ExecutedORDINANCE NO. 23-335 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPALCORPORATION, AUTHORIZING THE APPROVAL OF A SECOND AMENDMENT TO APROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND KIMLEY-HORN AND ASSOCIATES, INC., AMENDING THE CONTRACT APPROVED BY CITY COUNCIL ON MARCH 16, 2021, IN THE NOT-TO-EXCEED AMOUNT OF $250,000.00;AMENDED BY AMENDMENT 1 APPROVED BY CITY COUNCIL; SAID SECONDAMENDMENT TO PROVIDE ADDITIONAL PROFESSIONAL ENGINEERING SERVICES INSUPPORT OF THE STATE REIMBURS ABLE TRANSPORTATION ALTERNATIVES SET- ASIDE (TASA) PROGRAM SERVICES FOR SYCAMORE – WELCH ACTIVETRANSPORTATION CONNECTION BIKE LANES AND SHARED – USE PATH FACILITIES AKA THE A-TRAIN TO UNT PROJECT; PROVIDING FOR THE EXPENDITURE OF FUNDSTHEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFQ 6590-104 – PROVIDING FORAN ADDITIONAL SECOND AMENDMENT EXPENDITURE AMOUNT NOT-TO-EXCEED $ 132,000.00, WITH THE TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $474,000.00). WHEREAS, on March 16, 2021, City Council awarded a contract to Kimley-Horn and Associates, Inc. in the amount of $250,000.00, for professional engineering services in support ofthe State reimbursable Transportation Alternatives Set-Aside (TASA) Program services for Sycamore – Welch Active Transportation Connection Bike Lanes and Shared – Use Path Facilities aka the A- Train to UNT project; and WHEREAS, on May 3, 2022, City Council awarded a First Amendment to Kimley-Horn and Associates, Inc. in the amount of $92,000.00, for additional professional engineering services in support of the State reimbursable Transportation Alternatives Set-Aside (TASA) Program servicesfor Sycamore – Welch Active Transportation Connection Bike Lanes and Shared– Use Path Facilities aka the A-Train to UNT 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 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 of the Purchasing Agent, in the amount of One Hundred Thirty-Two Thousand and 0/100 ($132,000.00) 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 $43 1,000.00. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. The motion to aeprovF this ordinance was made by Je ssc D,,di s and seconded by V,'ck', Byr 5 . This ordinance was passed and approved by thefollowing vote B - a : Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck. District 2 : Jesse Davis. District 3 : VACANT. District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: a 7 1/ 7 ,// PASSED AND APPROVED this the ]= day of n\a roar Y _, 2023. ATTEST: ROSA RIOS, CITY SECRETARY B Ii1(r : ZZ2dfO p M Za / APPROVED AS TO LEGAL FORM:MACK REINWAND, CITY ATTORNEY Digitally signed by Marcella Lunn DN: cn=Marcella Lunn, o, ou=CityBY, \N,LVtUJJ\ \JH,\h :”=;„,.,.„@~„.„" Date: 2023.01.18 09:51 :36 -06'00'