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Home My WebLink About24-1146ORDINANCE NO. 24- 1146 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL CORPORATION, AUTHORIZING THE APPROVAL OF A FIRST AMENDMENT TO A CONTRACT BETWEEN THE CITY OF DENTON AND FREEPORT WELDiNG & FABRICATING, [NC., AMENDING THE CONTRACT APPROVED BY THE CITY COUNCIL ON JUNE 27, 2023, IN THE NOT-TO-EXCEED AMOUNT OF Sl,279,570.oo; SAID FIRST AMENDMENT TO COMPLETE THE PURCHASE OF THREE (3) 60,000 GALLON TANKS FOR THE DENTON ENERGY CENTER WINTERLZATION PROJECT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 8220 – PROVDING FOR AN ADDITIONAL FIRST AMENDMENT EXPENDITURE AMOUNT NOT-TO-EXCEED $140,000.00, WITH THE TOTAL CONTRACT AMOUNT NOT-TO- EXCEED $ 1,419,570.00). WHEREAS, on June 27, 2023, City Council awarded a contract to Freeport Welding & Fabricating, Inc. in the amount of $1,279,570.00, for three (3) 60,000 gallon tanks for the Denton Energy Center’s Winterization Project; and WHEREAS, this procurement was undertaken as part of the City’s governmental function; and WHEREAS, the additional fees under the proposed First 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 First Amendment, increasing the amount of the contract between the City and Freeport Welding & Fabricating, Inc., which is on file in the office of the Purchasing Agent, in the amount of One Hundred Forty Thousand and 0/100 ($140,000.00) 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 $ 1,419,570.00. SECTION 2. This ordinance shall become effective immediately upon its passage and approval . The mqtion to approve, this ordinance was made by Bc tAx Be a& and seconded by Joe Hdlc_J . This ordinance was passed and approved by the following vote n - A : Aye 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 : Jill Jester, At Large Place 6: --£ Z -/- 1/ -L ./ a PASSED AND APPROVED this the Jg 4- dayof Juu4 . 2024 GERARD HUDSPETH, MAYOR ATTEST: LAUREN THODEN, CITY SECRETARY .„: y„„„ AL” APPROVED AS TO LEGAL FORM: MACK RErNWAND, CITY ATTORNEY ,*, Xhkn\\II\ \\kLf\ DocuSign Envelope ID: 04681D77-AI F5-4ECF-B761-FD236023A12E DENTON Docusign City Council Transmittal Coversheet 8220 File Name 1 DEC Wlnterlzatlon Tanks , NTEAmendment 1 Purchasing Contact Chr1 sta Chr1 stla - City Council Target Date IUNE 18’ 2024 Piggy Back Option Contract Expiration Ordinance Yes N/A 24-1146 DocuSign Envelope ID: 04681D77-AI F54ECF-B761-FD236023A12E THE STATE OF TEXAS § § §COUNTY OF DENTON FIRST AMENDMENT TO CONTRACT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND FREEPORT WELDING & FABRICATING, WC. 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 'W’, 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. 1 DocuSign Envelope ID: 04681D77-AI F5-4ECF-B761-FD236023A12E 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 d6/18/2024 . “CONTRACTOR” FREW2ol£TgX&pDnqG & FABRICATING, INC B„ [ "h' „„"TITLE “CITY” CITY OF DENTON, TEXAS A Tex/as yI!!ifeBBl Corporation By: Le=, itn APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY ATTEST: LAUWgo=!£9J?yFN, CITY SECRETARY By: th,P THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. Antonlo Puente SIGNATURE PRINTED NAME DME Genera1 Manager TITLE E1 ect ric DEPARTMENT DocuSign Envelope ID: 04681D77-AI F54ECF-B761-FD236023A12E Exhlblt A Freeport Welding & Fabricating, Inc Physical Addess: 200 North Navigation Blvd., Freeport TX 77911 • Mailing Address: P.O. Box 2076, Freeport, TX 77542 (979) 233-0121 • (800) 560-0121 • www.freeweld.com Invoice Date 05/06/2024 Due Date 06/05/2024 Invoice # 55456 Job # 127376 C;ust. # 100120 Bill to: CITY OF DENTON 215 E MCKINNEY ST accountspayable@cityofdenton.com DENTON , TX 762014299 AHn: Accounts Payable 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 1 ECB-TK-0001 A WASTE TANK Project Name DEC WINTERIZATION TANKS Invoice Charges 1.0000 EA Description ADDITIONAL LUMP SUM FREIGWFI I oooo 1 SALES TAX EXEMPTION # 75-6000514 $45,580.00 Invoice Total §45,580.00 $45,580.00 Financial Institution: First State Bank of Clute City & State: Clute, TX ABA Routing Number: 113123366 Account Number: 1055573 Invoice 7 of 7 FREEWELD\Araceli When nothing but top quality, performance & know-how will do DocuSign Envelope ID: 04681D77-AI F5-4ECF-B761-FD236023A12Ea4nFreeport 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 Invoice Date 05/06/2024 Due Date 06/05/2024 Invoice # 55457 Job # 1 27377 Cust. # 100120 Bill to: CITY OF DENTON 215 E MCKINNEY ST accountspayable@cityofdenton.com DENTON , TX 76201-4299 Attn: Accounts Payable 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 IECB-TK-0002A SUMMER MIX TANK Project Name DEC WINTERIZATION TANKS Invoice Charges „„*I Description ADDITIONAL LUMP SUM FREIGHT m@*s TAX EXEMPTION #75-6000514 1.0000 EA Cost $45,580.00 Amount $45,580.00 Invoice Total $45,580.00 Financial Institution: First State Bank of Clute City & State: Clute, TX ABA Routing Number: 113123366 Account Number: 1055573 7 of 7 FREEWELD\Araceli When nothing but top quality, performance & know-how will do DocuSign Envelope ID: 04681D77.A1 F54ECF-B761-FD236023A12Esat 'P®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 Invoice Date 05/06/2024 Due Date 06/05/2024 Invoice # 55458 Job # 127378 C:ust. # 100120 Bill to: CITY OF DENTON 215 E MCKINNEY ST accountspayable@cityofdenton.com DENTON , TX 762014299 Ann: Accounts Payable 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 IECB-TK-0003A WINTER MIX TANK Project Name DEC WINTERIZATION TANKS Invoice Charges 1.0000 EA Item #Description 5 ADDITIONAL LUMP SUM FREIGHT 1 $45,580.00 IMHIFIFI $45,580.00 $45,580.00 Financial Institution: First State Bank of Clute City & State: Clute, TX ABA Routing Number: 113123366 Account Number: 1055573 Invoice 7 of 7 FREEWELI>\Araceli When nothing but top quality, performance & know-how will do [kxnSign Certificate Of Completion Envelope Id: 04681D77AI F54ECFB761 FD236023A12E Subject: Please DocuSign: City Council Contract 8220 DEC Winterization Tanks, NTE Amendment Status: Completed Source Envelope: Document Pages: 6 Certificate Pages: 6 AutoNav: Enabled Signatures: 5 Envelope Originator: Initials: 1 Christa Christian 901B Texas Street Envelopeld Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 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 Christa Christian christa.christian@cityofdenton.com Purchasing Supervisor City of Denton Security Level: EmaII, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Signature Timestamp Sent: 5/6/2024 1:11 :35 PM Viewed: 5/6/2024 1:11 :48 PM Signed: 5/6/2024 1:11 :M PM 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: 5/6/2024 1:11 :56 PM Viewed: 5/6/2024 1:16:51 PM Signed: 5/6/2024 1:18:08 PM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure: Not Offered via DocuSign Marcella Lunn marcella.lunn@cityofdenton.com Senior Deputy City Attorney City of Denton Security Level: Email, Account Authentication (None) -DocuSion•d by: IMartL£htAh&b ,4B070831B4AA438 Sent: 5/6/2024 1:18:11 PM Viewed: 5/8/2024 10:09:00 AM Signed: 5/8/2024 10:12:43 AM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure: Not Offered via DocuSign Michael Huerta Sales@freeweld.com Security Level: Email, Account Authentication (None) Sent: 5/8/2024 10:12:45 AM Resent: 5/1 3/2024 10:03:44 AM Resent: 5/13/2024 3:04:51 PM Viewed: 5/13/2024 3:31 :20 PM Signed: 5/1 3/2024 4:03:48 PMSignature Adoption: Pre-selected Style Using IP Address: 12.69.119.131 Electronic Record and Signature Disclosure: Accepted: 5/1 3/2024 3:31 :20 PM ID: 637e3816-4ef2-+936-b5a52183bf2f05e3a Signer Events Antonio Puente, Jr. Antonio.Puente@cityofdenton.com DME General Manager Security Level: Email, Account Authentication (None) Signature Docu81gned bW [dh+ahio PWXlq ). E37809&4C2BF4B5. Timestamp Sent: 5/13/2024 4:03:51 PM Viewed: 5/1 3/2024 4:11 :41 PM Signed: 5/1 3/2024 4:12:22 PM Signature Adoption: Pre-selected Style Using IP Address: 174.244.19.147 Signed using mobile Electronic Record and Signature Disclosure: Accepted: 5/1 3/2024 4:11 :41 PM ID: 2d9eb91e-e73fJlb0141 6b49591f5839cd 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: 5/1 3/2024 4:12:25 PM Viewed: 6/20/2024 9:02:09 AM Signed: 6/20/2024 9:02:37 AM Using IP Address: 198.49.140.10 Sara Hensley sara.hensley@cityofdenton.com City Manager City of Denton Security Level: Email, Account Authentication (None) Sent: 6/20/2024 9:02:39 AM Viewed: 6/20/2024 10:56:30 AM Signed: 6/20/2024 10:56:40 AM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure: Not Offered via DocuSign Lauren Thoden lauren.thoden@cityofdenton.com City Secretary Security Level: Email, Account Authentication (None) Sent: 6/20/2024 10:56:43 AM Viewed: 6/20/2024 1 1:17:42 AM Signed: 6/20/2024 11 :20:01 AM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Status Timestamp Editor Delivery Events Timestamp Agent Delivery Events Status Status Timestamp Intermediary Delivery Events 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: 5/6/2024 1:11 :56 PM 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: 5/1 3/2024 4:12:24 PM Viewed: 5/14/2024 9:30:37 AM City Secretary Office citysecretary@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Sent: 6/20/2024 1 1 :20:03 AM Viewed: 6/21/2024 1 :08:12 PM Jason Brown jason.brown@cityofdenton.com Denton Energy Center Plant Manager Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 5/8/2024 8:03:00 AM ID: 54c88bee-209b2Laff-a80c-de18a35079f7 Sent: 6/20/2024 1 1 :20:04 AM Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Envelope Sent Envelope Updated Certified Delivered Signing Complete Completed Status Timestamps 5/6/2024 1:11 :35 PM 5/1 3/2024 3:04:49 PM 6/20/2024 11:17:42 AM 6/20/2024 11 :20:01 AM 6/20/2024 11 :20:04 AM Hashed/Encrypted Security Checked 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: Michael Huerta, Antonio Puente, Jr., Jason Brown 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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