8220 - Formal Amendment 1 Executed
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
DocuSign Envelope ID: 04681D77-A1F5-4ECF-B761-FD236023A12E
8220
DEC Winterization Tanks, NTE
Amendment 1
Yes
Christa Christian
RFP
N/A
JUNE 18, 2024
24-1146
1
THE STATE OF TEXAS §
§
COUNTY OF DENTON §
FIRST AMENDMENT TO CONTRACT
BY AND BETWEEN THE CITY OF DENTON, TEXAS
AND FREEPORT WELDING & FABRICATING, INC.
THIS FIRST AMENDMENT TO CONTRACT 8220 (this “Amendment”) by and
between the City of Denton, Texas (“City”) and FREEPORT WELDING &
FABRICATING, INC. (“Contractor”) to that certain contract executed on June 27, 2023
in the original not-to-exceed amount of $ 1,279,570.00 (the “Agreement”); for services
related to the DEC Winterization Tanks.
WHEREAS, the City deems it necessary to further expand the services provided by
Contractor to the City pursuant to the terms of the Agreement, and to provide an additional
not-to-exceed amount $140,000 with this First Amendment for an aggregate not-to-exceed
amount of $1,419,570; and
WHEREAS, this amendment incorporates any previously executed documents
between the parties including but not limited to pricing adjustments.
WHEREAS, the City deems it necessary to further expand the goods/services
provided by Contractor to the City; and
WHEREAS, the original not-to-exceed amount may not be increased by more than
25.0% as provided in Texas Local Government Code Sec. 252.048; and
NOW THEREFORE, the City and Contractor (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 First Amendment,
which amends the following terms and conditions of the said Agreement, to wit:
1. The additional services described in Exhibit “A” of this Amendment, attached
hereto and incorporated herein for all purposes, for professional services related
to the Transportation of three (3) – 60,000 Gallon Tanks for the DEC
Winterization Project, are hereby authorized to be performed by Contractor.
For and in consideration of the additional services to be performed by
Contractor, the City agrees to pay, based on the cost estimate detail attached as
Exhibit “A”, a total fee, including reimbursement for non—labor expenses an
amount not to exceed $140,000.
2. This Amendment modifies the Agreement amount to provide an additional
$140,000 for the additional services with a revised aggregate not to exceed total
of $1,419,570.
DocuSign Envelope ID: 04681D77-A1F5-4ECF-B761-FD236023A12E
2
The Parties hereto agree, that except as specifically provided for by this Amendment, that
all of the terms, covenants, conditions, agreements, rights, responsibilities, and obligations
of the Parties, set forth in the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the City and the Contractor, have each executed this
Amendment, by and through their respective duly authorized representatives and officers
on this date_______________________________________.
“CONTRACTOR”
FREEPORT WELDING & FABRICATING, INC
By: _____________________________
AUTHORIZED SIGNATURE, TITLE
“CITY”
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By: _____________________________
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
By: _________________________________
ATTEST:
LAUREN THODEN, CITY SECRETARY
By: _________________________________
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
_______________ ________________
SIGNATURE PRINTED NAME
__________________________________
TITLE
__________________________________
DEPARTMENT
DocuSign Envelope ID: 04681D77-A1F5-4ECF-B761-FD236023A12E
Electric
DME General Manager
Antonio Puente, Jr.
06/18/2024
Freeport Welding & Fabricating, Inc.
Physical Addess: 200 North Navigation Blvd., Freeport TX 77541 ● Mailing Address: P.O. Box 2076, Freeport, TX 77542
(979) 233-0121 ● (800) 560-0121 ● www.freeweld.com
Customer P.O.#203830 CHRISTA CHRISTIAN 940-349-7100
Terms - Net 30
Please include invoice number on check. Remit to: P.O. Box 2076, Freeport, TX 77542
A monthly interest charge of prime + 2% APR will be charged on all past due accounts.
Job Description CS 1ECB-TK-0001A WASTE TANK Project Name DEC WINTERIZATION TANKS
Invoice Charges
Item #Description Quantity Cost Amount
5 ADDITIONAL LUMP SUM FREIGHT 1.0000 EA $45,580.00 $45,580.00
10000 SALES TAX EXEMPTION #75-6000514 ---
Invoice Total $45,580.00
Financial Institution: First State Bank of Clute
City & State: Clute, TX
ABA Routing Number: 113123366
Account Number: 1055573
Invoice Date 05/06/2024
Due Date 06/05/2024
Invoice #55456
Job #127376
Cust. #100120
Bill to:
CITY OF DENTON
215 E MCKINNEY ST
accountspayable@cityofdenton.com
DENTON , TX 76201-4299
Attn: Accounts Payable
When nothing but top quality, performance & know-how will do
Invoice 1 of 1 FREEWELD\Araceli
DocuSign Envelope ID: 04681D77-A1F5-4ECF-B761-FD236023A12E Exhibit A
Freeport Welding & Fabricating, Inc.
Physical Addess: 200 North Navigation Blvd., Freeport TX 77541 ● Mailing Address: P.O. Box 2076, Freeport, TX 77542
(979) 233-0121 ● (800) 560-0121 ● www.freeweld.com
Customer P.O.#203830 CHRISTA CHRISTIAN 940-349-7100
Terms - Net 30
Please include invoice number on check. Remit to: P.O. Box 2076, Freeport, TX 77542
A monthly interest charge of prime + 2% APR will be charged on all past due accounts.
Job Description CS 1ECB-TK-0002A SUMMER MIX TANK Project Name DEC WINTERIZATION TANKS
Invoice Charges
Item #Description Quantity Cost Amount
5 ADDITIONAL LUMP SUM FREIGHT 1.0000 EA $45,580.00 $45,580.00
10000 SALES TAX EXEMPTION #75-6000514 ---
Invoice Total $45,580.00
Financial Institution: First State Bank of Clute
City & State: Clute, TX
ABA Routing Number: 113123366
Account Number: 1055573
Invoice Date 05/06/2024
Due Date 06/05/2024
Invoice #55457
Job #127377
Cust. #100120
Bill to:
CITY OF DENTON
215 E MCKINNEY ST
accountspayable@cityofdenton.com
DENTON , TX 76201-4299
Attn: Accounts Payable
When nothing but top quality, performance & know-how will do
Invoice 1 of 1 FREEWELD\Araceli
DocuSign Envelope ID: 04681D77-A1F5-4ECF-B761-FD236023A12E
Freeport Welding & Fabricating, Inc.
Physical Addess: 200 North Navigation Blvd., Freeport TX 77541 ● Mailing Address: P.O. Box 2076, Freeport, TX 77542
(979) 233-0121 ● (800) 560-0121 ● www.freeweld.com
Customer P.O.#203830 CHRISTA CHRISTIAN 940-349-7100
Terms - Net 30
Please include invoice number on check. Remit to: P.O. Box 2076, Freeport, TX 77542
A monthly interest charge of prime + 2% APR will be charged on all past due accounts.
Job Description CS 1ECB-TK-0003A WINTER MIX TANK Project Name DEC WINTERIZATION TANKS
Invoice Charges
Item #Description Quantity Cost Amount
5 ADDITIONAL LUMP SUM FREIGHT 1.0000 EA $45,580.00 $45,580.00
10000 SALES TAX EXEMPTION #75-6000514 ---
Invoice Total $45,580.00
Financial Institution: First State Bank of Clute
City & State: Clute, TX
ABA Routing Number: 113123366
Account Number: 1055573
Invoice Date 05/06/2024
Due Date 06/05/2024
Invoice #55458
Job #127378
Cust. #100120
Bill to:
CITY OF DENTON
215 E MCKINNEY ST
accountspayable@cityofdenton.com
DENTON , TX 76201-4299
Attn: Accounts Payable
When nothing but top quality, performance & know-how will do
Invoice 1 of 1 FREEWELD\Araceli
DocuSign Envelope ID: 04681D77-A1F5-4ECF-B761-FD236023A12E
Certificate Of Completion
Envelope Id: 04681D77A1F54ECFB761FD236023A12E Status: Completed
Subject: Please DocuSign: City Council Contract 8220 DEC Winterization Tanks, NTE Amendment
Source Envelope:
Document Pages: 6 Signatures: 5 Envelope Originator:
Certificate Pages: 6 Initials: 1 Christa Christian
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
Christa.Christian@cityofdenton.com
IP Address: 198.49.140.10
Record Tracking
Status: Original
5/3/2024 8:36:39 AM
Holder: Christa Christian
Christa.Christian@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Christa Christian
christa.christian@cityofdenton.com
Purchasing Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.104
Sent: 5/6/2024 1:11:35 PM
Viewed: 5/6/2024 1:11:48 PM
Signed: 5/6/2024 1:11:54 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 5/6/2024 1:11:56 PM
Viewed: 5/6/2024 1:16:51 PM
Signed: 5/6/2024 1:18:08 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Marcella Lunn
marcella.lunn@cityofdenton.com
Senior Deputy City Attorney
City of Denton
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(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 5/6/2024 1:18:11 PM
Viewed: 5/8/2024 10:09:00 AM
Signed: 5/8/2024 10:12:43 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Michael Huerta
Sales@freeweld.com
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 12.69.119.131
Sent: 5/8/2024 10:12:45 AM
Resent: 5/13/2024 10:03:44 AM
Resent: 5/13/2024 3:04:51 PM
Viewed: 5/13/2024 3:31:20 PM
Signed: 5/13/2024 4:03:48 PM
Electronic Record and Signature Disclosure:
Accepted: 5/13/2024 3:31:20 PM
ID: 637e3816-4ef2-4936-b5a5-483bf2f05e3a
Signer Events Signature Timestamp
Antonio Puente, Jr.
Antonio.Puente@cityofdenton.com
DME General Manager
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 174.244.19.147
Signed using mobile
Sent: 5/13/2024 4:03:51 PM
Viewed: 5/13/2024 4:11:41 PM
Signed: 5/13/2024 4:12:22 PM
Electronic Record and Signature Disclosure:
Accepted: 5/13/2024 4:11:41 PM
ID: 2d9eb91e-e73f-4b01-816b-89591f5839cd
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.10
Sent: 5/13/2024 4:12:25 PM
Viewed: 6/20/2024 9:02:09 AM
Signed: 6/20/2024 9:02:37 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sara Hensley
sara.hensley@cityofdenton.com
City Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 6/20/2024 9:02:39 AM
Viewed: 6/20/2024 10:56:30 AM
Signed: 6/20/2024 10:56:40 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lauren Thoden
lauren.thoden@cityofdenton.com
City Secretary
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 6/20/2024 10:56:43 AM
Viewed: 6/20/2024 11:17:42 AM
Signed: 6/20/2024 11:20:01 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
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
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 5/6/2024 1:11:56 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Carbon Copy Events Status Timestamp
Gretna Jones
gretna.jones@cityofdenton.com
Legal Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 5/13/2024 4:12:24 PM
Viewed: 5/14/2024 9:30:37 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
City Secretary Office
citysecretary@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 6/20/2024 11:20:03 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jason Brown
jason.brown@cityofdenton.com
Denton Energy Center Plant Manager
Security Level: Email, Account Authentication
(None)
Sent: 6/20/2024 11:20:04 AM
Electronic Record and Signature Disclosure:
Accepted: 5/8/2024 8:03:00 AM
ID: 54c88bee-209b-4aff-a80c-de18a35079f7
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 5/6/2024 1:11:35 PM
Envelope Updated Security Checked 5/13/2024 3:04:49 PM
Certified Delivered Security Checked 6/20/2024 11:17:42 AM
Signing Complete Security Checked 6/20/2024 11:20:01 AM
Completed Security Checked 6/20/2024 11:20:04 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
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Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Michael Huerta, Antonio Puente, Jr., Jason Brown
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