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23-1517 - 7703-001 - Amendment 2 Ordinance ExecutedORDINANCENO. 23-1517 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNiCnAL CORPORATION, AUTHORIZING THE APPROVAL OF A SECOND AMENDMENT TO APROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND D&SENGINEERING LABS, LLC, AMENDING THE CONTRACT APPROVED BY THE CITY COUNCIL ON SEPTEMBER 14, 2021, IN THE NOT-TO-EXCEED AMOUNT OF $175,300.70;AMENDED BY AMENDMENT 1 APPROVED BY PURCHASING i SAID SECOND AMENDMENT TO PROVIDE MATERIALS TESTING FOR THE POLICE HEADQUARTERS,SUBSTATION, AND FIRING RANGE FOR THE POLICE DEPARTMENT; PROVIDING FORTHE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 7703-001 – PROVIDING FOR AN ADDITIONAL SECOND AMENDMENTEXPENDITURE AMOUNT NOT-TO-EXCEED $80,000.00, WITH THE TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $305,299.70). WHEREAS, on September 14, 2021, City Council awarded a contract to D&S Engineering Labs, LLC, in the amount of $175,300.70, to provide materials testing of soil & aggregate, concrete, masonry, steel, and asphalt materials related to public safety projects for the Facilities Management Department; and WHEREAS, on May 20, 2022, Purchasing awarded a First Amendment to D&S Engineering Labs, LLC, in the amount of $49,999.00, to continue to provide materials testing of soil & aggregate, concrete, masonry, steel, and asphalt materials related to public safety projects for the Facilities Management 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 D&S Engineering Labs, LLC, which is on file in the office of the Purchasing Agent, in the amount of Eighty Thousand and 0/100 ($80,000.00) 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 $305,299.70 SECTION 2. This ordinance shall become effective immediately upon its passage and approval. The motion to approve thissecondedby pA-I ft, \ iBC/following vote LI- E : ordinance made by Br TCb B' ah and ' The ordinance was passed and approved by the AyeJ J 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: L ./J PASSED AND APPROVED this the ISIL day of A US.J . 2023 ATTEST: JESUS SALAZAR, CITY SECRETARY b\\\t 1111111 APPROVED AS TO LEGAL FORM:MACK RErNWAND, CITY ATTORNEY Digitally signed by Marcella Lunn DN: cn=Marcella Lunn, o, ou=City ,ttJd Date: 2023.07.18 15:15:29 -05'00' BY: W r I \J,LBVu :rrnr:=;ceHaJunn@dVoMent