23-336 - 6590-105 - Amendment 2 Ordinance ExecutedORDINANCE NO. 23-336
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 ANDKIMLEY-HORN AND ASSOCIATES, INC., AMENDING THE CONTRACT APPROVED BY
CITY COUNCIL ON MARCH 16, 202 1, IN THE NOT-TO-EXCEED AMOUNT OF $150,000.00;AMENDED BY AMENDMENT 1 APPROVED BY PURCHASING; SAID SECONDAMENDMENT FOR ADDITIONAL PROFESSIONAL ENGINEERING SERVICES IN
SUPPORT OF THE NETTE SHULTZ (FORMERLY WILSON) ELEMENTARY SCHOOL ANDPECAN CREEK ELEMENTARY SCHOOL SAFE ROUTES TO SCHOOLS SIDEWALK
IMPROVEMENTS PROJECT, AS SET FORTH IN THE AMENDMENT; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFQ6590-105 – PROVIDING FOR AN ADDITIONAL SECOND AMENDMENT EXPENDITURE
AMOUNT NOT-TO-EXCEED $120,000.00, WITH THE TOTAL CONTRACT AMOUNT NOT-
TO-EXCEED $306,500.00).
WHEREAS, on March 16, 2021, City Council awarded a contract to Kimley-Horn and
Associates, Inc. in the amount of $150,000.00, for professional engineering services in support ofthe
Nette Shultz (formerly Wilson) Elementary School and Pecan Creek Elementary School Safe Routes
to Schools Sidewalk Improvements project; and
WHEREAS, on February 4, 2022, Purchasing awarded a First Amendment to Kimley-Horn
and Associates, Inc. in the amount of $36,500.00, for additional professional engineering services in
support of the Nette Shultz (formerly Wilson) Elementary School and Pecan Creek Elementary
School Safe Routes to Schools Sidewalk Improvements project; and
WHEREAS, this procurement was undertaken as part of the City’s governmental
function; and
WHEREAS, the additional fees under the proposed Second Amendment are fair and
reasonable and are consistent with, and not higher than, the recommended practices and fees
applicable to the Provider’s profession, and such fees do not exceed the maximum provided by law;NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Second Amendment. increasing the amount of the contract between the
City and Kimley-Horn and Associates, Inc., which is on file in the office of the Purchasing Agent, in
the amount of One Hundred Twenty Thousand and 0/ 100 ($ 120,000.00) 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 $306,500.00.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approvF this ordinance was made by J'sse DRy ii and
seconded by a;LILi B vr ) . This ord) y the
following vote K
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:
*J
7J
,/
/./
PASSED AND APPROVED this the –l\--day of 2023
ATTEST:
ROSA RIOS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:MACK REINWAND, CITY ATTORNEY
V+du/cUJ.I\ \3whd:i§:t.lg:;{#,:**