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
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