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24-159ORDINANCE NO. 23-159 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL CORPORATION. AUTHORIZING THE APPROVAL OF A SECOND AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND BIGGS AND MATHEWS ENVIRONMENTAL, INC., AMENDING THE CONTRACT APPROVED BY THE CITY COUNCIL ON JUNE 7, 2022, IN THE NOT-TO-EXCEED AMOUNT OF $160,000.00; AMENDED BY AMENDMENT 1 APPROVED BY PURCHASING; SAID SECOND AMENDMENT TO PROVIDE ADDITIONAL SCALE FACILITY AND ROADWAY IMPROVEMENTS FOR THE SOLED WASTE AND RECYCLING DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 7109-025 – PROVIDING FOR AN ADDITIONAL SECOND AMENDMENT EXPENDITURE AMOUNT NOT-TO-EXCEED §50,000.00, WITH THE TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $259,358.00). WHEREAS, on June 7, 2022, City Council awarded a contract to Biggs and Mathews Environmental, Inc., in the amount of $160,000.00, for the scale facility and roadway improvements at the City of Denton Landfill for the Solid Waste and Recycling Department; and WHEREAS, on May 5, 2023, Purchasing awarded a First Amendment Biggs and Mathews Environmental, Inc. in the amount of $49,358.00, to continue work to the scale facility and roadway improvements for the Solid Waste and Recycling Department; and WHEREAS, this procurement was undertaken as part of the City’s governmental function; and WHEREAS, the additional fees under the proposed Second 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 Second Amendment, increasing the amount of the contract between the City and Biggs and Mathews Environmental, Inc., which is on file in the office of the Purchasing Agent, in the amount of Fifty Thousand and 0/100 ($50,000.00) 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 $259,358.00. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. The motion +to approve this ordinance was made by brta ,_. B%JA and seconded by Mp : h r J . The ordinance was passed and approved by the following vote U_ - A : Aye ,f/ -J J J J a J 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: PASSED AND APPROVED this the Gt- d,y ,f f:\,„,, y , 2024. GERARD (N ATTEST: JESUS SALAZAR, CITY SECRETARY L\\\\ IIII 1///DENT APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Digitally signed by Marcella Lunn DN: dc=com, dc=cityofdenton, dc=codad, ou=Department IIsa'LandGtauW-Gene'al Government, ou=Legal, cn=Marcella Lunn, email=Marcella.Lunn@cityofde nton .com Date: 2024.01.1 1 11 :26:22 -06'OO' BY: Xhy\\ILL\ \\IbF\