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23-1147 - 7968-003 - Ordinance ExecutedORDINANCENO. 23-1147 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITHMOUNTAIN CASCADE OF TEXAS, LLC, FOR THE CONSTRUCTION AND MOVEMENT OFPUBLIC WATER/WASTEWATER UTILITIES IN SUPPORT OF THE TEXAS DEPARTMENTOF TRANSPORTATION’S 1-35 WIDENING FROM US-380 TO N41LAM ROAD FOR THE CAPITAL PROJECTS DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFQ 7968-o03 – AWARDED TOMOUNTArN CASCADE OF TEXAS, LLC, IN THE NOT-TO-EXCEED AMOUNT OF $ 17, 109,084.30). WHEREAS, on June 7, 2022, the City Council approved a pre-qualified professional services list for utility relocation and construction services for various Capital Improvement Projects (Ordinance 22-1145), 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 professional associations applicable to the Provider’s profession, and such fees do not exceed the maximumprovided 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 Mountain Cascade of Texas, LLC, to provide construction services for the City of Denton, 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 byreference. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by hr{s HaS and seconded by Bra- J b/., - cubic mc Ca . This ordinance was passedand approved by thefollowing vote LZ - LE]: Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck, District 2: Paul Meltzer, District 3 : Joe Holland, District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: ./a/ ,/ ,'’‘ ,/‘,/ PASSED AND APPROVED this the a-7 ’- day of June ' 2023. /’TRaN ATTEST: JESUS SALAZAR, INTERIM CITY SECRETARY ntlltllllfpc& APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY rONIIt IIIO Digitally signed by MarcellaLunn BY: –\N,udth.\ bUh';=!i(all:=’::„,„, on.com, c=US Date: 2023.06.13 10:55:40 -OS'00'