21-2440 - 6137 - Amendment 3 Ordinance Executed21-2440
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL
CORPORATION, AUTHORIZING THE APPROVAL OF A THIRD AMENDMENT TO A
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND
FREESE AND NICHOLS, INC., AMENDING THE CONTRACT APPROVED BY CITY
COUNCIL ON JUNE 21, 2016, IN THE NOT -TO -EXCEED AMOUNT OF $654,135.00;
AMENDED BY AMENDMENTS 1-2 APPROVED BY THE CITY COUNCIL AND
PURCHASING; SAID THIRD AMENDMENT FOR PHASE 3 ARCHEOLOGICAL RECOVERY
TASKS AND TO PROVIDE ADDITIONAL DESIGN, ARCHEOLOGICAL, ENVIRONMENTAL
SERVICES, AND RAILROAD COORDINATION FOR THE HICKORY CREEK INTERCEPTOR
PHASES I AND II PROJECT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE (FILE 6137 — PROVIDING FOR AN ADDITIONAL
THIRD AMENDMENT EXPENDITURE AMOUNT NOT -TO -EXCEED $306,994.00, WITH THE
TOTAL CONTRACT AMOUNT NOT -TO -EXCEED $1,316,974.43)0
WHEREAS, on June 21, 2016, by Ordinance No. 2016-18 1, the City awarded a contract to
Freese and Nichols, Inc., in the amount of $654,135 for engineering services related to the Hickory
Creek Interceptor Phases I and II Project; and
WHEREAS, on March 23, 2021, by Ordinance No. 21-490, the City awarded Amendment 1
to Freese and Nichols, Inc., in the amount of $310,420 for engineering design, archeological, and
environmental services for the Hickory Creek Interceptor Phases I and 11 Project; and
WHEREAS, on July 12, 2021, the City awarded Amendment 2 to Freese and Nichols, Inc., in
the amount of $45,425.43 for additional engineering services for the Hickory Creek Interceptor
Phases I and II Project; and
WHEREAS, the additional fees under the proposed Third 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 ofthe contract between the City
and Freese and Nichols, Inc., which is on file in the office ofthe Purchasing Agent, in the amount of
Three Hundred Six Thousand Nine Hundred Ninety -Four and 001100 ($306,994.00) 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 $1,316,974.43.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
The motion to apTAqethis ordinance was made by \ 5on MGQo, C and
seconded by Se. C. ,i S This ordinance was passed and approved by the
following vote [_(b - ] :
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
V11
Abstain Absent
PASSED AND APPROVED this the bday of t-kp\1em\ '2021.
ATTEST:
ROSA RIOS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Digitally signed by Marcella Lunn
DN: cn=Marcella Lunn, o, ou=City
of Denton,
BY: emall=ma rcella.lun n@cityofdent
7rrnmn, cmis
Date: 2021.10.2910:39:03 -05'00'
GERARD HUDSPETH, MAYOR