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2015-079ORDINANCE NO. 2015-079 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF DENTON AND ABC PROFESSIONAL TREE SERVICES,INC.; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 4825-SECOND AMENDMENT 1N THE AMOUNT OF $500,000 FOR A TOTAL CONTRACT AWARD OF $2,500,000). WHEREAS, on February 7, 2012 by Ordinance No. 2012-025, the City awarded a contract to ABC Professional Tree Services, Inc., in the amount of $2,000,000 for Tree Trimming Services; and WHEREAS, the Staff having recommended, and the City Manager having recommended to the Council that an amendment be authorized to amend such contract agreement with respect to the scope of work and an increase in the payment amount, and said amendment 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 ORDAINS: SECTION 1. The Second Amendment, increasing the amount of the contract between the City and ABC Professional Tree Services, Inc. which is on file in the office of the Purchasing Agent, in the amount of Five Hundred Thousand and 0/100 ($500,000) Dollars, is hereby approved and the expenditure of funds therefor is hereby authorized in accordance with said amendment. The total purchase order amount increases to $2,500,000. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. � ��'������i� ��IC:� �11"1'�:��')'�1;��� tl���; ����+� ����.�� �4��y ��1�,��..... � ����� � �.... ....�.�� 2015. °'� 4 � � ` �'�'�. � ..� ����� �.. .._.. � .......... ...�. � 1llt��. WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY � BY: `���, � �� � � � �� �� �.� � � .�.._.____.. �^'�i'��'l Vi:!"mC� �.�������`I:"�d::� LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � ,�� � „ � ��""° BY: f �'"��,"� ...� �'�'��"� ., w ��� ,���`� ,„�,.._ � µ .„�ro�. ��.. �„ � � �.P��,,. . � THE STATE OF TEXAS § § COUNTY OF DENTON § SECOND AMEND�C��"f° TO CONTRACT BY AND BETW w�w���w�— -.--._m..mm_ � THE CITY OF DENTON, TEXAS � � ,��� ................E�EN............... --- AND ABC _PROFESSIONAL TREE SERVICES, INC [RFP NO. 48251 THIS SECOND AMENDMENT TO CONTRACT 4825 ("Amendment") by and between the City of Denton, Texas ("City") and ABC Professional Tree Services, Inc., ("Contractor"); The CITY deems it necessary to further expand the goods/services provided by CONTRACTOR to the CITY; NOW THEREFORE, Section 4. Payment Provisions of the Agreement is hereby amended to read as follows: "4. PAYMENT PROVISIONS. Payment of Contractor invoices shall be made by DME within thirty (30) days following the completion and acceptance by DME of each task completed by the Contractor (unless some other time of payment is expressly provided in the contract documents), and as payment for the Work, DME shall pay or cause to be paid to the Contractor the amount of each invoice. The total Contract Price shall not exceed $2,500,000. The Price for Work described in Part A hereof is a fixed dollar amount of $104,111. The price for Work described in Part B by the Contractor will not exceed $2,395,889." All other provisions of the contract 4825, as heretofore amended, remain in full force and effect. IN WITNESS WHEREOF, the CITY and the CONTRACTOR, have each executed this Amendment in three (3) original counterparts, by and ���� ��t�gh their �a uthorized representatives and ofiicers on this the _��� day of ���°���� a s�i�w� duly a --- ��'�'�,� , 2015, RFP 4825 — Amendment #2 Page 1 of 2 "CITY" CITY OF DENTON, TEXAS A Texas Municipal Corporation �,�� .M�� � � �� �� �,„ � �p �„� � M,, � � � �� � .� � y; . � a �, , W�. _ GEORGE C �::",� C�l l�l� � � �4 i� I W��:"ITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY • � �� By. , � � ��..�: -� _ �.. .:mm..� _� . �1�1� :��"��N::� � �� TO LEGAL FORM: ��'^�I`:I:`A BURGESS, CITY ATTORNEY �� �,� �„��� � ���""� w , By � �.� �� � � � : � � � .� � ...::.�.. �,�,.�+ .�� _�a.-���,� � �,,,e...__..... � "��— � �. .�' ���� "CONTRACTOR" ABC PROFESSIONAL TREE SERVICES,INC A Corporation ������:�' � � � � �- �� . �_ �"� .... . �[��°�I'��������,�l:l�b� �����°P�,��r� i ��:8�,� Z I°1�fln1�: ... ATTEST: .... ����, � BY� _ � �<� y �". ��� � µ.�° � .W� ��' r��.�..,� --�--�� .�:�. � � RFP 4825 — Amendment #2 Page 2 of 2