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21-1888 - 7703-001 - Ordinance ExecutedORDINANCE NO. 21-1e88 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH D&S ENGINEERING LABS, LLC, TO PROVIDE MATERIALS TESTING OF SOIL & AGGREGATE, CONCRETE, MASONRY, STEEL, AND ASPHALT MATERIALS RELATED TO PUBLIC SAFETY PROJECTS FOR THE FACILITIES MANAGEMENT DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFQ 7703-001 — PROFESSIONAL SERVICES AGREEMENT FOR PROFESSIONAL SERVICES AWARDED TO D&S ENGINEERING LABS, LLC, IN THE NOT -TO -EXCEED AMOUNT OF $175,300.70). WHEREAS, on July 20, 2021, the City Council approved a pre -qualified professional and engineer list (Ordinance 21-1437); and WHEREAS, the professional services provider (the "Provider) mentioned in this ordinance is being selected as the most highly qualified on the basis of its demonstrated competence and qualifications to perform the proposed professional services; and WHEREAS, the 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 City Manager, or their designee, is hereby authorized to enter into an agreement with D&S Engineering Labs, LLC, to provide materials testing of soil & aggregate, concrete, masonry, steel, and asphalt materials related to Public Safety Projects for the Facilities Management Department, a copy ofwhich is attached hereto and incorporated by reference herein. SECTION 2. The City Manager, or their designee, is authorized to expend funds as required by the attached contract. SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under this ordinance to the City Manager of the City of Denton, Texas, or their designee. SECTION 4. The findings in the preamble of this ordinance are incorporated herein by reference. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by ---SLa5e_ '`74 and seconded by This ordinance was passed and approved by the following vote [-i Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1: Brian Beck, District 2: Jesse Davis, District 3: .% Alison Maguire, District 4: _%1 Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the day of !S Q )c)cg- , 2021. GERARD HUDSPETH, MAYOR ATTEST: •i 0F 1N , ROSA RIOS, CITY SECRETARY ••''•••••••'''•.To' w CO w BY: Apr r0N APPROVED AS TO LEGAL FORM: CATHERINE CLIFTON, INTERIM CITY ATTORNEY Digitally signed by Marcella Lunn DN: cn=Marcella Lunn, e, ou=C-sty i&LbM1 0e Denton, maif=marcella.lunn@cityofdenCo n.com, c=UsBY: _ Date: 2021.06.3016:17:59-05'00'