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23-1517ORDINANCENO. 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 DocuSign Envelope ID: 278D9A25-65694005-967A-5F3E73BA3D2F DENTON Docusign City Council Transmittal Coversheet 7703-001 Materi a1 s Test1 ng 1 i cab1 e PSA File Name Purchasing Contact GabbY Leeper City C,,„iI T,rg,t D,t, AUGUST 15’ 2023 Piggy Back Option Contract Expiration Ordinance Not App N/A 23-1517 DocuSign Envelope ID: 278D9A25-65694005-967A-5F3E73BA3D2F SECOND AMENDMENT TO CONTRACTBY AND BETWEEN THE CITY OF DENTON, TEXASAND D&S ENGINEERING LABS, LLCPSA 7703-001 THE STATE OF TEXAS $ §COUNTY OF DENTON THIS SECOND AMENDMENT TO CONTRACT 7703-001 (“Amendment”) by and between the City of Denton, Texas (“City”) and D&S Engineering Labs, LLC (“Engineer”); to that certain contract executed on September 14, 2021, in the original not- to-exceed amount of $175,300.70 (the “Original Agreement”); amended on May 20, 2022in the additional amount of $49,999 aggregating a not-to-exceed amount of §225,299.70 (the “First Amendment”); (collectively, the Original Agreement and First Amendment are the “Agreement”) for services related to the Materials Testing Services for the City of Denton Police Headquarters, Sub-Station, and Firing Range WHEREAS, the City deems it necessary to further expand the services provided by Engineer to the City pursuant to the terms of the Agreement, and to provide an additional not-to-exceed amount 880,000 with this Amendment for an aggregate not-to-exceed amount of $305,299.70; and FURTHERMORE, the City deems it necessary to further expand the goods/services provided by Engineer to the City; NOW THEREFORE, the City and Engineer (hereafter collectively referred to as the “Parties”), in consideration of their mutual promises and covenants, as well as for other good and valuable considerations, do hereby AGREE to the following Amendment, which amends the following terms and conditions of the said Agreement, to wit: 1. This Amendment modifies the Agreement amount to provide an additional $80,000 for the additional services to be provided in accordance with the terms of the Agreement with a revised aggregate not to exceed total of $305,299.70. The Parties hereto agree, that except as specifically provided for by this Amendment, that all of the terms, covenants, conditions, agreements, rights, responsibilities, and obligationsof the Parties, set forth in the Agreement remain in full force and effect. IN WITNESS WHEREOF, the City and the Engineer, have each executed this Amendment electronically, by and through their respective duly authorized representatives and officers on this date 08/15/2023 7703-001 PSA – Amendment #2 Page 1 of 2 DocuSign Envelope ID: 278D9A25-6569-4005-967A-5F3E73BA3D2F “Engineer”“CITY” D&S Enginnering Labs, LLC CITY OF DENTON, TEXAS A Texas Municipal Corporation AUTHORIZED SIGNATURE, TITLEAPPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY CITY MANAGER ATTEST: JESUS SALAZAR, CITY SECRETARY : THIS AGREEMENT HAS BEENBOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. DocuSigned bF1 7but dan,rWfATW®E Trevor Cra1 n PRINTED NAME D1 rector of Caplta1 ProjectsTITLE Enq1 neer1 nq ServicesDEPARTMENT 7703-001 PSA – Amendment #2 Page 2 of 2 [bcuSign Certificate Of Completion Envelope Id: 278D9A2565694005967A5F3E73BA3D2F Subject: Please DocuSign: City Council Contract 7703-001 Material Testing Amendment 2 Status: Completed Source Envelope: Document Pages: 3 Certificate Pages: 6 Signatures: 5 Initials: 1 Envelope Originator: Gabby Leeper 901B Texas StreetAutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) Denton, TX 76209 Gabby.Leeper@cityofdenton.com IP Address: 198.49.140.104 Record Tracking Status: Original 7/14/2023 9:33:21 AM Holder: Gabby Leeper Gabby.Leeper@cityofdenton.com Location: DocuSign Signer Events Gabby Leeper gabby.leeper@cityofdenton.com Buyer City of Denton Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Signature Timestamp Sent: 7/14/2023 9:40:47 AM Viewed: 7/14/2023 9:42:53 AM Signed: 7/14/2023 9:43:12 AM Completed Using IP Address: 198.49.140.104 Lori Hewell lori.hewell@cityofdenton.com Purchasing Manager City of Denton Security Level: Email, Account Authentication(None) Sent: 7/14/2023 9:43:14 AM Viewed: 7/14/2023 1 :23:23 PM Signed: 7/14/2023 1 :23:43 PM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Electronic Record and Signature Disclosure:Not Offered via DocuSign Marcella Lunn marcella.lunn@cityofdenton.com Mack Reinwand City Attorney City of Denton Security Level: Email, Account Authentication(None) 'DocuSW bF IMArtLLh®A, .4B070B31B4AA438_ Sent: 7/14/2023 1 :23:44 PM Viewed: 7/14/2023 1 :36:19 PM Signed: 7/14/2023 1 :40:17 PM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure:Not Offered via DocuSign Amy Irwin Brothers abrothers@dsenglabs.com President Security Level: Email, Account Authentication(None) Sent: 7/14/2023 1 :40:19 PM Viewed: 7/14/2023 1 :43:27 PM Signed: 7/14/2023 1 :44:03 PM Signature Adoption: Pre-selected Style Using IP Address: 135.84.155.78 Signed using mobile Electronic Record and Signature Disclosure:Accepted: 7/14/2023 1 :43:27 PMID: 14bbld18-a92c4e75-814f-04f2ef57a33a Signer Events Trevor Crain trevor.crain@cityofdenton.com Director of Capital Projects City of Denton Security Level: Email, Account Authentication(None) Signature Timestamp Sent: 7/14/2023 1 :44:05 PM Viewed: 7/14/2023 1 :44:51 PM Signed: 7/14/2023 1 :45:08 PM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure:Accepted: 7/14/2023 1 :44:51 PMID: 798f4d2f<i4852ldlf-9f6a-834809399844 Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Completed Sent: 7/14/2023 1 :45:12 PM Viewed: 8/16/2023 8:21 :21 AM Signed: 8/16/2023 8:21 :30 AMUsing IP Address: 198.49.140.104 Sara Hensley sara.hensley@cityofdenton.com City Manager City of Denton Security Level: Email, Account Authentication(None) 'DocuSigned br I h A%#£V .523608296270423. Sent: 8/1 6/2023 8:21 :33 AM Viewed: 8/1 6/2023 8:21 :55 AM Signed: 8/16/2023 8:22:00 AM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure: Not Offered via DocuSign Jesus Salazar jesus.salazar@cityofdenton.com Security Level: Email, Account Authentication(None) Isas SaA6ar Sent: 8/16/2023 8:22:01 AM Viewed: 8/16/2023 10:04:59 AM Signed: 8/1 6/2023 10:06:33 AM,2437C77B89754 ID Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure:Accepted: 8/1 6/2023 10:04:59 AMID: 728ffa2c-fd2c'+7de-a94f-f8ceb2d46ca6 In Person Signer Events Signature Status Timestamp Editor Delivery Events Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Status Timestamp Carbon Copy Events Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Timestamp Sent: 7/14/2023 9:43:14 AM Carbon Copy Events Gretna Jones gretna.jones@cityofdenton.com Legal Secretary City of Denton Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Status Timestamp Sent: 7/14/2023 1 :45:11 PM Viewed : 7/1 7/2023 3:47:36 PM City Secretary Office citysecretary@cityofdenton.com Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Sent: 8/16/2023 10:06:35 AM Viewed: 8/1 7/2023 2:55:58 PM Giovanni Pineiro-Villalba giovanni.pineiro-villalba@cityofdenton.com Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Accepted: 7/20/2023 4:53:53 PMID: 6ecc9b60-780146a7-9ffc<i9a300692a67 Sent: 8/16/2023 10:06:36 AM Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Envelope Sent Certified Delivered Signing Complete Completed Status Timestamps 7/14/2023 9:40:47 AM 8/1 6/2023 10:04:59 AM 8/1 6/2023 10:06:33 AM 8/1 6/2023 10:06:36 AM Hashed/Encrypted Security Checked Security Checked Security Checked Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: Amy Irwin Brothers, Trevor Crain, Jesus Salazar, Giovanni Pineiro-Villalba ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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