24-738 - 6625 - Amendment 1 Ordinance ExecutedORDINANCE NO. 24-738
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE APPROVAL OF A FIRST AMENDMENT TO A
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND
FREESE AND NICHOLS, INC., AMENDiNG THE CONTRACT APPROVED BY CITY
COUNCIL ON DECEMBER 12, 2017, IN THE NOT-TO-EXCEED AMOUNT OF $ 1,200,000.00,
SAID FRST AMENDMENT TO PROVIDE FULL DEPTH RECONSTRUCTION AND UTEITY
IMPROVEMENTS WITHIN THE PROJECT LIMITS FOR THE CAPITAL PROJECTS
DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE (FILE 6625 – PROV[DING FOR AN ADDITIONAL FIRST
AMENDMENT EXPENDITURE AMOUNT NOT-TO-EXCEED $ 1,630,500.00, FOR A TOTAL
CONTRACT AMOUNT NOT-TO-EXCEED $2,830,500.00).
WHEREAS, on December 12, 2017, City Council awarded a contract to Freese and Nichols,
Inc. in the amount of $1,200,000.00, for engineering design services relating to the design, bid
phase, and construction services for the PEC-4 Phases 3 and 4 Drainage Improvements project which
includes approximately 2,700 linear feet of reinforced concrete box, 2,300 linear feet of waterline
relocation and lowering, 1,700 linear feet of sanitary sewer line relocation and adjustment, and
pavement repair from West Prairie Street to the beginning of the open channel near the intersection
of West Mulberry Street and Bernard Street; and
WHEREAS, this procurement was undertaken as part of the City’s governmental
function; and
WHEREAS, the additional fees under the proposed First 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 First 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
One Million Six Hundred Thirty Thousand Five Hundred and 0/100 $1,630,500.00) 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 $2,830,500.00.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance
seconded by (1 h , i , b ,+1 r
following vote n - A :
made bY 131 1,~ R,' , k, and
' This ordinance was passed and approved by the
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:
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P J!!!II11 S S E 1:) JrE14bL 1[\1 1E) Jr!IIIL PR) V ED this the / Gr A day of IE , 2024
ATTEST:
LAUREN THODEN, CITY SECRETARY
BY:deM JaM
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Digitally signed by Marcella Lunn
DN: dc=com, dc=cityofdenton,
dc=codad, ou=Department Users
BY: and Groups, ou=GeneralIbahIM\\l :==r’a
email=Marcella.Lunn@cityofdent
:: IceT:024.03.2 1 14:50:26 -05'oo'