ULTIMATE CNG 2ND AMENDMENT-5464-Amendment
Docusign City Council T ransmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Granicus #
Ordinance #
DocuSign Envelope ID: 2A11FB06-9CC0-41F3-BBFD-EF564FC5EEA4
November 17, 2015
Rebecca Hunter
5464
Second Amendment to Ultimate CNG
1
THE STATE OF TEXAS §
§
COUNTY OF DENTON §
SECOND AMENDMENT TO CONTRACT #5 464
THIS SECOND AMENDMENT TO CONTRACT (hereafter the “Second
Amendment”) to that certain Contract awarded by the City of Denton, and awarded to
Ultimate CNG , LLC (hereafter the “Agreement”) in the original not -to -exceed amount of
$120,000 which was heretofore executed on April 15, 2014 , and a change order in the
amount of $25,000 which was approved on December 12, 2014, and a First Amendment
in the amount of $450,0 00 which was approved on January 6, 2015 , all approved within
the delegated authority of the City of Denton City Council ; and said Agreement w as
heretofore entered into by and between the City of Denton, Texas, a Texas Municipal
Corporation with its offices at 215 East McKinney Street, Denton, Texas 76201
(hereafter the “CITY”); and the Ultimate CNG, LLC (hereafter “ULTIMATE CNG ”)
with its offices at 3185 Wheatland Farms Drive , Oakton , Virginia 22124 ; and
WHEREAS, the Agreement referenced above, provided for ULTIMATE CNG to
provide temporary CNG fueling services up to four (4) times per week of compressed
natural gas (CNG) into the City of Dento n, CNG -fueled vehicles at the fueling site, using
commercially reasonable efforts. ULTIMATE CNG ha s substantially delivered the initial
services as called for in the original Agreement; and the C ITY deems it necessary to
further expand the services by ULTI MATE CNG to the CITY , and to provide an
additional not -to -exceed amount of $1,300,000 , for an aggregate of $1,895,000 , for the
additional required services , in order to continue to fuel its fleet of CNG -fueled Solid
Waste Department vehicles .
NOW THEREFORE, the CITY and ULTIMATE CNG (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 :
It is agreed that ULTIMATE CNG shall provide continued, but increased service delivery
up to five (5) times per week of compressed natural gas (CNG) into the City of Denton,
CNG fueled vehicles at the fueling site, using commercially reasonable efforts.
It is further agreed that a ll previously agreed to pricing, fuel cost, transport fees, and
fueling fees, shall remain exactly the same as within the original Agreement referenced
above.
The Parties hereto agree, that except as specifically provided for by this Second
Amendment, that all of the terms, covenants, conditions, agreements, rights,
responsibilities, and obligations of the Parties, set forth in both the Agreement and now
the Second Amendment shall be , and will remain in full force and effect.
DocuSign Envelope ID: 2A11FB06-9CC0-41F3-BBFD-EF564FC5EEA4
2
IN WITNESS WHEREOF, the City of Denton, ULTIMATE CNG, LLC , h ave each
executed this Second Amendment electronically , by and through their respective duly
authorized representatives and officers on this date:
_______________________________________
“CI TY”
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By: __________________________________
George Campbell, City Manager
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: __________________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By: ___________________________________
“ULTIMATE CNG ”
ULTIMATE CNG, LLC ,
A limited liability company
By: _________________________________
Dennis Pick
Chief Executive Officer
DocuSign Envelope ID: 2A11FB06-9CC0-41F3-BBFD-EF564FC5EEA4
November 17, 2015
Certificate Of Completion
Envelope Id: 2A11FB069CC041F3BBFDEF564FC5EEA4 Status: Completed
Subject: Please DocuSign: 5464 Second Contract Amendment #2 Documents
Source Envelope:
Document Pages: 3 Signatures: 4 Envelope Originator:
Certificate Pages: 6 Initials: 0 Rebecca Hunter
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
rebecca.hunter@cityofdenton.com
IP Address: 129.120.6.150
Record Tracking
Status: Original
10/28/2015 2:06:15 PM
Holder: Rebecca Hunter
rebecca.hunter@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Rebecca Hunter
rebecca.hunter@cityofdenton.com
Senior Buyer
City of Denton
Security Level: Email, Account Authentication
(Optional)
Completed
Using IP Address: 129.120.6.150
Sent: 11/2/2015 8:52:29 AM
Viewed: 11/2/2015 8:52:39 AM
Signed: 11/2/2015 8:53:03 AM
Electronic Record and Signature Disclosure:
Not Offered
ID:
Dennis Pick
dpick@ultimatecng.com
Security Level: Email, Account Authentication
(Optional)
Using IP Address: 184.178.49.141
Sent: 11/2/2015 8:53:04 AM
Viewed: 11/2/2015 9:07:14 AM
Signed: 11/2/2015 9:07:28 AM
Electronic Record and Signature Disclosure:
Accepted: 11/2/2015 9:07:14 AM
ID: 58f8853f-f1b5-4ca2-9e44-0ca5fa0fe3b4
John Knight
john.knight@cityofdenton.com
Deputy City Attorney
City of Denton
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(Optional)
Using IP Address: 129.120.6.150
Sent: 11/2/2015 9:07:31 AM
Viewed: 11/3/2015 10:24:20 AM
Signed: 11/3/2015 10:24:31 AM
Electronic Record and Signature Disclosure:
Not Offered
ID:
Julia Klinck
julia.klinck@cityofdenton.com
Contracts Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(Optional)
Completed
Using IP Address: 129.120.6.150
Sent: 11/3/2015 10:24:33 AM
Viewed: 11/3/2015 10:48:47 AM
Signed: 11/18/2015 2:50:13 PM
Electronic Record and Signature Disclosure:
Not Offered
ID:
Signer Events Signature Timestamp
George C Campbell
george.campbell@cityofdenton.com
City Manager
City of Denton
Security Level: Email, Account Authentication
(Optional)
Using IP Address: 129.120.6.150
Sent: 11/18/2015 2:50:17 PM
Resent: 11/23/2015 2:44:42 PM
Viewed: 11/24/2015 6:45:58 AM
Signed: 11/24/2015 6:46:13 AM
Electronic Record and Signature Disclosure:
Not Offered
ID:
Jennifer K Walters
jennifer.walters@cityofdenton.com
City Secretary
City of Denton
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(Optional)
Using IP Address: 129.120.6.150
Sent: 11/24/2015 6:46:15 AM
Viewed: 11/30/2015 10:28:13 AM
Signed: 11/30/2015 10:28:30 AM
Electronic Record and Signature Disclosure:
Not Offered
ID:
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Charleta Gilbreath
charleta.gilbreath@cityofdenton.com
Security Level: Email, Account Authentication
(Optional)
Sent: 11/2/2015 9:07:30 AM
Viewed: 11/2/2015 9:24:53 AM
Electronic Record and Signature Disclosure:
Not Offered
ID:
Julia Klinck
julia.klinck@cityofdenton.com
Contracts Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(Optional)
Sent: 11/2/2015 9:07:30 AM
Viewed: 11/2/2015 10:12:04 AM
Electronic Record and Signature Disclosure:
Not Offered
ID:
Robin Fox
Robin.fox@cityofdenton.com
Security Level: Email, Account Authentication
(Optional)
Sent: 11/18/2015 2:50:15 PM
Viewed: 11/24/2015 7:15:31 AM
Electronic Record and Signature Disclosure:
Accepted: 10/9/2015 11:39:51 AM
ID: 04463961-03db-4c4d-9228-d660d6146ed6
Jennifer Bridges
jennifer.bridges@cityofdenton.com
Security Level: Email, Account Authentication
(Optional)
Sent: 11/30/2015 10:28:32 AM
Viewed: 12/9/2015 12:16:51 PM
Carbon Copy Events Status Timestamp
Electronic Record and Signature Disclosure:
Not Offered
ID:
Scott Lebsack
scott.lebsack@cityofdenton.com
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(Optional)
Sent: 11/30/2015 10:28:34 AM
Viewed: 11/30/2015 10:53:17 AM
Electronic Record and Signature Disclosure:
Not Offered
ID:
Jane Richardson
jane.richardson@cityofdenton.com
Security Level: Email, Account Authentication
(Optional)
Sent: 11/30/2015 10:28:36 AM
Electronic Record and Signature Disclosure:
Not Offered
ID:
Nick Vincent
nicolas.vincent@cityofdenton.com
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(Optional)
Sent: 11/30/2015 10:28:39 AM
Electronic Record and Signature Disclosure:
Not Offered
ID:
Notary Events Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 11/30/2015 10:28:39 AM
Certified Delivered Security Checked 11/30/2015 10:28:39 AM
Signing Complete Security Checked 11/30/2015 10:28:39 AM
Completed Security Checked 11/30/2015 10:28:39 AM
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Electronic Record and Signature Disclosure created on: 4/20/2015 2:25:38 PM
Parties agreed to: Dennis Pick, Robin Fox
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