23-759 - 6590-093 - Amendment 3 Ordinance ExecutedORDINANCE NO. 23-759
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPALCORPORATION, AUTHORIZING THE APPROVAL OF A THIRD AMENDMENT TO APROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON ANDFREESE & NICHOLS, INC., AMENDING THE CONTRACT APPROVED BY THE CITY
COUNCIL ON SEPTEMBER 22, 2020, IN THE NOT-TO-EXCEED AMOUNT OF $ 1,472,700.00;AMENDED BY AMENDMENTS 1 AND 2 APPROVED BY CITY COUNCIL; SAID THIRD
AMENDMENT TO PROVIDE ADDITIONAL PROFESSIONAL, CONSTRUCTION, AND BIDP LIASE SERVICES FOR THE LAKE RAY ROBERTS WATER TREATMENT PLANTCAPACITY UPRATE, REGULATORY AND PERFORMANCE UPGRADE PROJECT;PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE (FILE 6590-093 – PROVIDING FOR AN ADDITIONAL THIRDAMENDMENT EXPENDITURE AMOUNT NOT-TO-EXCEED $95,060.00, WITH THE TOTAL
CONTRACT AMOUNT NOT-TO-EXCEED $3,701,547.00).
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 $663,3 10.00, for design services for the
Lake Ray Roberts Water Treatment Plant Capacity Uprate, Regulatory and Performance Upgrades
Project; and
WHEREAS, on November 15, 2022, by Ordinace No. 22-2265, the City awarded a Second
Amendment to Freese and Nichols, Inc., in the amount of $1,470,477.00, 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 ORDAINS:
SECTION 1. The Third 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
Ninety-Five Thousand Sixty ($95,060.00) Dollars, is hereby approved and the expenditure of funds
therefor is hereby authorized in accordance with said amendment which shall be attached hereto.
The total contract amount increases to $3,701,547.00.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
Th, m,ti,„ t, ,pp„„, thi, „di„,„„ w„ m,d, by Bfi Aq B,ok ,„d
seconded by less'- -b„S . This ordy 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:
7
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P JIIIf1\IL S S 1: 1E) JrIIIIL ][\1 ]:) ](p!I\ P PROVED this the 1 gl day of Ad , 2023
GERARD II EN
ATTEST:
JESUS SALAZAR, INTERIM CITY SECRETARY LtIt lllllff/F DE
APPROVED AS TO LEGAL FORM:
MACK RE[NWAND, CITY ATTORNEY
Digitally signed by Marcella Lunn
DN: cn=Marcella Lunn, o, ou=City
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Denton.