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23-626 - 7574-025 - Ordinance ExecutedORDINANCE NO. 23-626 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPALCORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONALSERVICES AGREEMENT WiTH K[MLEY-HORN AND ASSOCIATES, INC., TO PROVIDEREGULATORY PERMITTING/APPROVAL SUPPORT, PROCESS EVALUATION, DESIGNSERVICES, BIDDING ASSISTANCE, AND CONSTRUCTION PHASE SERVICES FOR THECOOPER CREEK LIFT STATION IMPROVEMENT PROJECT FOR THE WATER UTILITIESDEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFQ 7574-025 – PROFESSIONAL SERVICESAGREEMENT FOR DESIGN SERVICES AWARDED TO KTMLEY-HORN AND ASSOCIATES. INC., IN THE NOT-TO-EXCEED AMOUNT OF $750,000.00). WHEREAS, on March 23, 202 1, the City Council approved a pre-qualified engineer list for Water and Wastewater (Ordinance 21-546), 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, this procurement was undertaken as part of the City’s governmental function; 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 regulatory permitting/approval support, process evaluation, design services, bidding assistance, and construction phase services for the Cooper Creek Lift Station Improvement Project for the Water Utilities Department, 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 by reference. SECTION 5 This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by A and seconded by BrAd , K & t. s-c A L C $ b . This ordinance was passed and approved bythe following vote U - A : Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck. District 2: Jesse Davis. District 3 : VACAIVF. District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: J JJ / VJ PASSED AND APPROVED thi, the L++- day ,f npr I t _, 2023. GERARD HUDSPETH, MAYOR ATrEST: ROSA RIOS, CITY SECRETARY L\\\\1111111/ May City Secretary APPROVED AS TO LEGAL FORM: MACK RErNWAND, CITY ATTORNEY Digitally signed by Marcella LunnDN: cn=Marcella Lunn, o, hk/wall B: Ice?;b;;83.10 lo:39:40 -06'oo' Il \JLa\, ::=i br:PTat Irinaritynfflent=F::