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24-155 - 6590-041 - Amendment 2 Ordinance ExecutedORDINANCE NO. 24-155 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL CORPORATION, AUTHORIZING THE APPROVAL OF A FIFTH AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND HALFF ASSOCIATES, INC., AMENDING THE CONTRACT APPROVED BY CITY COUNCIL ON NOVEMBER 6, 2018, IN THE NOT-TO-EXCEED AMOUNT OF $837,900.00, AMENDED BY AMENDMENTS 1-4 APPROVED BY PURCHASING AND CITY COUNCIL, SAID FIFTH AMENDMENT TO PROVDE THE DESIGN FOR THE FULL DEPTH RECONSTRUCTION AND UTILITY IMPROVEMENTS SURROUNDING THE SQUARE FOR THE CAPITAL IMPROVEMENT PROJECTS DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 6590-041 – PROVIDING FOR AN ADDITIONAL FIFTH AMENDMENT EXPENDITURE AMOUNT NOT- TO-EXCEED $890,769.00, WITH THE TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $2,030,809.00). WHEREAS, on November 6, 2018, by Ordinance No. 18- 1662, the City awarded a contract to Halff Associates, Inc., in the amount of $837,900.00, for architect or engineering services for the Locust and Elm Street water, wastewater, and drainage improvements project; and WHEREAS, on June 19, 2019, Purchasing awarded a First Amendment to HalffAssociates, Inc., in the amount of $40,300.00, to add Austin Street utilities to the Locust and Elm Street water, wastewater, and drainage improvements project; and WHEREAS, on May 13, 2020, Purchasing awarded a Second Amendment to Halff Associates, Inc., for the 5% reduction of labor rates during the Covid- 19 Pandemic; and WHEREAS, on January 12, 2021, by Ordinance No. 21-017, the City Council awarded a Third Amendment to Halff Associates, Inc., in the amount of $177,840.00, to provide additional surveying and engineering services necessary for the design of the water mains, sanitary sewers, storm sewers, and culverts in Elm Street and Locust Street, and a drainage study of North Pecan Creek and Pecan Creek; and WHEREAS, on June 28, 2022, by Ordinance No. 22-1248, the City Council awarded a Fourth Amendment to Halff Associates, Inc., in the amount of $84,000.00, to provide a Drainage Study on Oakland Street for the Capital Improvement Projects Department; and WHEREAS, this procurement was undertaken as part of the City’s governmental function; and WHEREAS, the additional fees under the proposed Fifth 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 Fifth Amendment, increasing the amount of the contract between the City and Halff Associates, Inc., which is on file in the office of the Purchasing Agent, in the amount of Eighty Hundred Ninety Thousand Seven Hundred Sixty-Nine and 0/ 100 ($890,769.00) 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 $2,030,809.00. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. The motiqn to approve this ordinance was made by arja., B&c U and seconded by v/ak : B) r J . This ordinance was passed and approved by the following vote LI - E: Aye Nay Abstain Absent Mayor Gerard Hudspeth:\/ / y J J -1 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: PASSED AND APPROVED this the 6+- d,y ,f _, 2024. ATTEST: JESUS SALAZAR, CITY SECRETARY APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Digitally signed by Marcella Lunn DN: dc=com, dc=cityofdenton, dc=codad, ou=Department Users and Groups, ou=General Government, BY: I\anI tIll \\uP\ m Date: 2024.01.08 16:50:42 -06'00