2016-045ORDINANCE N( 2016 -045
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A FIRST AMENDMENT TO A PROFESSIONAL SERVICES
AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND TEXAS CMT,
INC./GEE CONSULTANTS FOR CONSTRUCTION MATERIALS TESTING AND
GEOTECHNICAL INVESTIGATIONS FOR THE CITY OF DENTON STREET
DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE (FILE 5351 IN THE ADDITIONAL AMOUNT NOT -
TO- EXCEED $219,550; AGGREGATING A TOTAL NOT -TO- EXCEED $277,550).
WHEREAS, the City Council deems it necessary and appropriate and in the public
interest to continue to engage the firm of Texas CMT, Inc. /Gee Consultants to provide the City
with professional engineering and consulting services pertaining to soil testing; and
WHEREAS, the City staff has reported to the City Council that there is a substantial need
for the hereinabove described professional services by the City of Denton, and that limited City
staff cannot adequately perform the specialized testing and other professional services and tasks,
with its own personnel; and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional
Services Procurement Act," generally provides that a city may not select a provider of
professional services on the basis of competitive bids, but must select the provider of
professional services on the basis of demonstrated competence, knowledge, and qualifications,
and for a fair and reasonable price; and
WHEREAS, the City Council hereby finds and concludes that Texas CMT, Inc. /Gee
Consultants is appropriately qualified under the provisions of the law, to be retained as a
construction materials testing and environmental consulting firm for the City, respecting this
engagement; and
WHEREAS, the City Council has provided in the City budget for the appropriation of
funds to be used for the procurement of the foregoing professional services, as set forth in the
"First Amendment to Agreement for Construction Materials Testing, Geotechnical
Investigations, and Contract Drilling Services;" NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitations contained in the preamble hereto are true and correct and
are incorporated herewith as a part of this Ordinance.
SECTION 2. The City Manager is hereby authorized to execute a "First Amendment to
Agreement for Construction Materials Testing, Geotechnical Investigations, and Contract
Drilling Services (the "First Amendment ") with the firm of Texas CMT, Inc. /Gee Consultants in
the additional amount of not -to- exceed $219,550, for professional services pertaining to the
1
interests of the City as hereinabove described, in substantially the form of the First Amendment
which is attached hereto as Exhibit "A" which is incorporated herewith by reference.
SECTION 3. The award of this First Amendment is on the basis of the demonstrated
competence and qualifications of the firm of Texas CMT, Inc. /Gee Consultants and the ability of
Texas CMT, Inc. /Gee Consultants, Attorneys -at -Law to perform the professional services needed
by the City for a fair and reasonable price.
SECTION 4. The expenditure of funds as provided for in the attached First Amendment
is hereby authorized.
SECTION 5. This ordinance shall become effective upon its passage and approval.
PASSED AND APPROVED this the day of�
. .. 7 2016.
CII R IS, WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: .....
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
2
THE STATE OF TEXAS
COUNTY OF DENTON
FIRST AMENDMENT TO CONTRACT
BY AND BETWEEN THE CITY OF DENTON, TEXAS
AND TEXAS CMT, INC. /GEE CONSULTANTS, INC.
[CONTRACT NO. 53511
THIS FIRST AMENDMENT TO CONTRACT 45351 ( "Amendment ") by and
between the City of Denton, Texas ( "City ") and Texas CMT, Inc. /Gee Consultants, Inc.
( "Contractor ");
The CITY deems it necessary to further expand the construction materials testing,
geotechnical investigations, and contract drilling services including soil borings and related
engineering analyses provided by CONTRACTOR to the CITY;
NOW THEREFORE,
Article V "Compensation ", Section B "Billing and Payment" of the
Agreement is hereby amended to read as follows:
"For and in consideration of the professional services to be performed by the
CONSULTANT herein, the OWNER agrees to pay, based on the cost estimate
detail at an hourly rate shown in Exhibit `A' which is attached hereto and is
incorporated by reference as if set forth fully in this Agreement, a total fee,
including reimbursement for direct non -labor expenses not to exceed $277,550
for the three -year period."
All other provisions of the contract 5351, 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 through their respective duly
16th February 16
authorized representatives and officers on this the day of , 20
File 45351 — Amendment 41 Page 1 of 2
"CITY"
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
DocuSigned by:
B•7 4ftR4F975FOFR4ft0
GEORGE C. CAMPBELL, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
DocuSigned by:
B,7 • rSRFAFr1$2199fi�_
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
DocuSigned by:
,�o�,tn, �,iP
BJ �I • r.R�
"CONTRACTOR"
TEXAS CMT, INC. /GEE CONSULTANTS, INC.
A Corporation
ILQ4 DocuSined,b'y::1 �. • pp pp ll
l �1"• �Cbn xr] tfa� is .
By €A54g9 .
AUTHORIZED SIGNATURE, TITLE
File 45351 — Amendment 41 Page 2 of 2
Certificate Of Completion
Envelope Id: 7F7453BEB86B46968DB3D846F5FDE12F
Subject: Please DocuSign: File #5351 Contract Amendment No. 1
Source Envelope:
Document Pages: 3 Signatures: 4
Certificate Pages: 6 Initials: 0
AutoNav: Enabled
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Time Zone: (UTC- 08:00) Pacific Time (US & Canada)
Record Tracking
Status: Original
2/2/2016 9:23:27 AM
Signer Events
Cindy Alonzo
cynthia.alonzo @cityofdenton.com
Buyer
City of Denton
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered
ID:
Richard W. Gee, P.E., President
richardgee @geeconsultants.com
GEE Consultants, Inc.
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Accepted: 2/2/2016 1:01:15 PM
ID: 923b51 b 1 -167c- 4970- 98dd- 958fff2fddf2
John Knight
john.knight @cityofdenton.com
Deputy City Attorney
City of Denton
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(Optional)
Electronic Record and Signature Disclosure:
Not Offered
ID:
Julia Winkley
julia.winkley @cityofdenton.com
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Accepted: 2/2/2016 1:28:23 PM
ID: 98f690b2- cdd1- 4e85- 834e- ebc6b4db070c
Holder: Cindy Alonzo
Cynthia.Alonzo @cityofdenton.com
Signature
Completed
Using IP Address: 129.120.6.150
Er ll—Signed /bly:1 4 W. 282CB7CD46A5480 .
Using IP Address: 199.227.206.194
Ell—Signed by:
C821996C2A2B439...
Using IP Address: 129.120.6.150
Completed
Using IP Address: 129.120.6.150
Status: Completed
Envelope Originator:
Cindy Alonzo
Cynthia.Alonzo @cityofdenton.com
I P Address: 129.120.6.150
Location: DocuSign
Timestamp
Sent: 2/2/2016 9:44:35 AM
Viewed: 2/2/2016 9:44:52 AM
Signed: 2/2/2016 9:48:25 AM
Sent: 2/2/2016 9:48:27 AM
Viewed: 2/2/2016 1:01:15 PM
Signed: 2/2/2016 1:07:03 PM
Sent: 2/2/2016 1:07:07 PM
Viewed: 2/2/2016 1:18:46 PM
Signed: 2/2/2016 1:19:06 PM
Sent: 2/2/2016 1:19:08 PM
Resent: 2/23/2016 11:45:45 AM
Viewed: 2/2/2016 1:28:23 PM
Signed: 2/23/2016 12:43:45 PM
S t C U ft t
Signer Events
George C. Campbell
george.campbell@cityofdenton.com
City Manager
City of Denton
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered
ID:
Jennifer Walters
jennifer .walters @cityofdenton.com
City Secretary
City of Denton
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(Optional)
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In Person Signer Events
Editor Delivery Events
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Carbon Copy Events
Signature
Et D o cuSigned by:
C. (a.w,pl��(,(,
4884E925FOE6480...
Using IP Address: 129.120.6.150
EDocuSigned by:
C58FAFC182194� w 6D...
Using IP Address: 129.120.6.150
Signature
Status
Status
Status
Status
Status
Julia Winkley F�''I E [
julia.winkley @cityofdenton.com
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Accepted: 3/3/2016 8:39:03 AM
ID:a2deff78- 5023 - 4478- 81f4- e4368dd78bf2
Sherri Thurman COPIED
sherri.thurman @cityofdenton.com
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered
ID:
Robin Fox �''I E
Robin.fox @cityofdenton.com
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Accepted: 10/9/2015 11:39:51 AM
ID: 04463961- 03db -4c4d- 9228- d660d6146ed6
Jennifer Bridges �''I E
jennifer.bridges@cityofdenton.com
Procurement Assistant
City of Denton
Security Level: Email, Account Authentication
(Optional)
Timestamp
Sent: 2/23/2016 12:43:49 PM
Viewed: 2/24/2016 7:47:20 AM
Signed: 2/29/2016 1:14:48 PM
Sent: 2/29/2016 1:14:51 PM
Viewed: 3/2/2016 9:51:15 AM
Signed: 3/2/2016 9:51:36 AM
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Sent: 2/2/2016 1:07:05 PM
Viewed: 2/16/2016 1:29:58 PM
Sent: 2/2/2016 1:07:06 PM
Sent: 2/23/2016 12:43:48 PM
Viewed: 3/3/2016 9:09:47 AM
Sent: 3/2/2016 9:51:39 AM
Viewed: 3/3/2016 6:21:27 AM
Carbon Copy Events Status
Electronic Record and Signature Disclosure:
Not Offered
ID:
Keith Gabbard Pi E
Keith. Gabbard @cityofdenton.com
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered
ID:
Jane Richardson 01PIED
jane .richardson @cityofdenton.com
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered
ID:
Notary Events
Envelope Summary Events Status
Envelope Sent
Hashed /Encrypted
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Completed
Security Checked
Electronic Record and Signature Disclosure
Timestamp
Sent: 3/2/2016 9:51:40 AM
Sent: 3/2/2016 9:51:42 AM
Viewed: 3/8/2016 7:22:56 AM
Timestamp
Timestamps
3/2/2016 9:51:42 AM
3/2/2016 9:51:42 AM
3/2/2016 9:51:42 AM
3/2/2016 9:51:42 AM
Electronic Record and Signature Disclosure created on: 4/20/2015 2:25:38 PM
Parties agreed to: Richard W. Gee, P.E., President, Julia Winkley, Julia Winkley, Robin Fox
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