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2014-177��, � � � i AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NUMBER THREE TO THE CONTRACT BETWEEN THE CITY OF DENTON AND FCS CONSTRUCTION, LLC FOR THE EXCAVATION AND CONSTRUCTION OF LANDFILL CELLS 4AB AND 5; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 5256-CHANGE ORDER NUMBER THREE IN THE AMOUNT OF $68,420 FOR A TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $3,078,382.64). WHEREAS, on July 16, 2013 by Ordinance No. 2013-177, the City awarded a public works contract to FCS Construction, LLC, in the amount of $2,917,242.90 for the construction of Landfill Cells 4AB and 5; and WHEREAS, the Staff having recommended, and the City Manager having recommended to the Council that a change order be authorized to amend such contract agreement with respect to the scope of work and an increase in the payment amount, and said change order 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 maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAIN5: SECTION 1, The Change Order Number One in the amount of Forty Three Thousand Three Hundred Eighty One and 74/100 ($43,381.74) and Change Order Number Two in the amount of Forty Nine Thousand Three Hundred Thirty Eight and 0/100 ($49,338) increasing the amount of the contract between the City and FCS Construction, LLC, to $3,009,962.64 were approved previously by staff. SECTION 2. The Change Order Number Three, increasing the amount of the contract between the City and FCS Construction, LLC, which is on file in the office of the Purchasing Agent, in the amount of Sixty Eight Thousand Four Hundred Twenty and 0/100 ($68,420) Dollars, is hereby approved and the expenditure of funds therefor is hereby authorized in accordance with said change order. The total purchase order amount increases to $3,078,382.64, SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ���� day of _�, �`�°�` ��,� .il� , 2014. �� � � fr� .� � � . .��. � � � y� n � {:'l II�iS 11 �"1,�;} ��1YOR ATTEST: JEN�NI�'ER WALTERS, CITY SECRETARY �, BY: � _ .. `.w�..� �... . — APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY Y � .�� n��� BY: � � �"��� , ���`� �`� � b�. .. EXHIBIT 1