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21-1868 - 7425 - Ordinance Executed - Amendment 5ORDINANCE NO. 21-1868 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 PEAK PROGRAM VALUE, LLC, AMENDING THE CONTRACT APPROVED BY CITY COUNCIL ON OCTOBER 13, 2020, IN THE NOT -TO -EXCEED AMOUNT OF $696,074.00; AMENDED BY AMENDMENTS 1-4 APPROVED BY PURCHASING AND CITY COUNCIL; SAID FIFTH AMENDMENT TO PROVIDE PRECONSTRUCTION AND CONSTRUCTION MANAGEMENT SERVICES FOR THE SOLID WASTE FLEET MAINTENANCE SHOP IN THE EXPENDITURE AMOUNT OF $221,567.00, DENTON MUNICIPAL ELECTRIC RENOVATION IN THE EXPENDITURE AMOUNT OF $271,189.00, AND PRE -CONSTRUCTION ESTIMATION SERVICES IN THE EXPENDITURE AMOUNT OF $47,500.00; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 7425 —PROVIDING FOR AN ADDITIONAL FIFTH AMENDMENT EXPENDITURE AMOUNT NOT -TO -EXCEED $540,256.00, WITH THE TOTAL CONTRACT AMOUNT NOT -TO - EXCEED $1,782,016.00). WHEREAS, on October 13, 2020, by Ordinance No. 20-1995, the City awarded a contract to Peak Program Value, LLC in the amount of $696,074.00 for program management services for the construction phase of the Public Safety Buildings (Police Headquarters, Police Substation, and Firing Range) and additional services for new or renovations of City buildings; 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 Peak Program Value, LLC, which is on file in the office of the Purchasing Agent, in the amount of Five Hundred Forty Thousand Two Hundred Fifty -Six and 001100 ($540,256.00) Dollars, is hereby approved, and the expenditure offunds therefor is hereby authorized in accordance with said amendment which shall be attached hereto. The total contract amount increases to $1,782,016.00. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by and seconded by 'Rr ; c,,n ;tee C_ This ordinance was passed and approvedby the following vote [-7 - j2]: Mayor Gerard Hudspeth: Vicki Byrd, District 1: Brian Beck, District 2: Jesse Davis, District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: Aye Nay J Abstain Absent IT - PASSED AND APPROVED this the t Ll'' day of Se--cmbe.0 , 2021. GERARD ITUISSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: CATHERINE CLIFTON, INTERIM CITY ATTORNEY Digitally signed by Marcella Lunn DN: cn=Marcella Lunn, o, ou=City o BY.hP1r 1 ` 1^ fenton, D r y,. email-marcella.lunn@cityofdent on.com, c=US Date: 2021.08.30 18:28:14 -05'00'