2015-363ORDINANCE NO. 2015 -363
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE APPROVAL OF
A SECOND AMENDMENT TO AN AGREEMENT WITH ULTIMATE CNG, LLC. FOR THE
PURCHASE OF TEMPORARY MOBILE COMPRESSED NATURAL GAS (CNG); PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE
(FILE 5424- PROVIDING FOR AN ADDITIONAL EXPENDITURE AMOUNT OF $1,300,000;
WITH THE TOTAL CONTRACT AMOUNT NOT -TO- EXCEED $1,895,000).
WHEREAS, on April 15, 2014 by Ordinance No. 2014 -097, the City awarded an agreement
entitled "Agreement for CNG Fuel Service" for the City's purchase of temporary mobile compressed
natural gas to Ultimate CNG, LLC in the not -to- exceed amount of $120,000; said Agreement was for
the purpose of providing necessary CNG gas fuel for the City's CNG gas - powered trucks and
vehicles previously purchased by City for the use and operations of its Solid Waste Department; and
WHEREAS, thereafter a Change Order was issued by the Materials Management Department
in the amount of $25,000; and
WHEREAS, on January 6, 2015 by Ordinance No. 2015 -002, the City awarded an agreement
entitled "First Amendment to Contract with CNG, LLC.," in the not -to- exceed amount of $450,000,
in an aggregate amount of not -to- exceed $595,000; and
WHEREAS, thereafter it became necessary for the City to again enter into an agreement with
CNG, LLC, for a multi -year agreement, for fiscal years 2016 and 2017; staff has proposed an amount
of an additional $1,300,000 for said second amended agreement; said further agreement is entitled
"Second Amendment to Contract with CNG, LLC," hereafter the "Second Amendment."
WHEREAS, this procurement is necessary to preserve or protect the public health or safety of
the City's residents under the provisions of Section 252.022(a)(2) Texas Local Government Code;
and
WHEREAS, the Staff having recommended, and the City Manager having recommended to
the Council this Second Amendment be authorized to amend such previous contracts with respect to
increasing the contract amount to a total not -to- exceed $1,895,000; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION.J . The recitations contained in the preamble of this ordinance are hereby
incorporated by reference as a part of this ordinance.
SECTION 2. The Second Amendment increasing the amount of the contract between the
City and Ultimate CNG, LLC, which is on file in the office of the Purchasing Agent, in an amount
not -to- exceed an additional $1,300,000, is hereby approved and the expenditure of funds therefor is
hereby authorized in accordance with said Second Amendment. The total contract amount increases
to $1,895,000.
SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of
Denton, Texas under File No. 5424 to the City Manager of the City of Denton, Texas, or his
designee.
SwECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the clad ��f`..� � � f� b � m y 2015,
. .. ..... . ....
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY ......... ��.... '�......���.
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
B
4
DocuSign Envelope ID: 2A11 FB06- 9CC0 -41 F3- BBFD- EF564FC5EEA4
THE STATE OF TEXAS §
COUNTY OF DENTON §
SECOND AMENDMENT TO CONTRACT 45464
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 $450,000 which was approved on January 6, 2015, all approved within
the delegated authority of the City of Denton City Council; and said Agreement was
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 Denton, CNG- fueled vehicles at the fueling site, using
commercially reasonable efforts. ULTIMATE CNG has substantially delivered the initial
services as called for in the original Agreement; and the CITY deems it necessary to
further expand the services by ULTIMATE 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
U 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 all 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.
1
DocuSign Envelope ID: 2A11 FB06- 9CC0 -41 F3- BBFD- EF564FC5EEA4
IN WITNESS WHEREOF, the City of Denton, ULTIMATE CNG, LLC, have each
executed this Second Amendment electronically, by and through their respective duly
authorized representatives and officers on this date:
November 17, 2015
"CITY"
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
Docu5igned by:
By 4884E925F0E6480
George Campbell, City Manager
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
DocuSigned by:
�t411- 4 k w .
B•7 �/ C1RFAFC187994Rn
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
L-02
DocuSigned by:
�o(A,In �n o
821996
CC2A2B439...
"ULTIMATE CNG"
ULTIMATE CNG, LLC,
A limited liability company
Docu5igned by:
B•7 ORf]FF854C70D447
Dennis Pick
Chief Executive Officer
2
Certificate Of Completion
Envelope Id: 2A11FB069CCO41F3BBFDEF564FC5EEA4
Subject: Please DocuSign: 5464 Second Contract Amendment #2 Documents
Source Envelope:
Document Pages: 3 Signatures: 4
Certificate Pages: 6 Initials: 0
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC- 08:00) Pacific Time (US & Canada)
Record Tracking
Status: Original
10/28/2015 2:06:15 PM
Signer Events
Rebecca Hunter
rebecca.hunter @cityofdenton.com
Senior Buyer
City of Denton
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered
ID:
Dennis Pick
dpick @ultimatecng.com
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Accepted: 11/2/2015 9:07:14 AM
ID: 58f8853f -f 1 b5- 4ca2- 9e44- Oca5fa0fe3b4
John Knight
john.knight @cityofdenton.com
Deputy City Attorney
City of Denton
Security Level: Email, Account Authentication
(Optional)
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)
Electronic Record and Signature Disclosure:
Not Offered
ID:
Holder: Rebecca Hunter
rebecca.hunter @cityofdenton.com
Signature
Completed
Using IP Address: 129.120.6.150
Ell—Signed by:
OBDFF854C7OD442.
Using IP Address: 184.178.49.141
Ell—Signed by:
C821996C2A2B439...
Using IP Address: 129.120.6.150
Completed
Using IP Address: 129.120.6.150
Status: Completed
Envelope Originator:
Rebecca Hunter
rebecca.hunter @cityofdenton.com
I P Address: 129.120.6.150
Location: DocuSign
Timestamp
Sent: 11/2/2015 8:52:29 AM
Viewed: 11/2/2015 8:52:39 AM
Signed: 11/2/2015 8:53:03 AM
Sent: 11/2/2015 8:53:04 AM
Viewed: 11/2/2015 9:07:14 AM
Signed: 11/2/2015 9:07:28 AM
Sent: 11/2/2015 9:07:31 AM
Viewed: 11/3/2015 10:24:20 AM
Signed: 11/3/2015 10:24:31 AM
Sent: 11/3/2015 10:24:33 AM
Viewed: 11/3/2015 10:48:47 AM
Signed: 11/18/2015 2:50:13 PM
S t C U ft t
Signer Events Signature Timestamp
George C Campbell by: Sent: 11/18/2015 2:50:17 PM
george.campbell@cityofdenton.com El"l—Signed
�� (X^P" Resent: 11/23/2015 2:44:42 PM
City Manager 4884E925FOE6480 _ Viewed: 11/24/2015 6:45:58 AM
City of Denton Using IP Address: 129.120.6.150 Signed: 11/24/2015 6:46:13 AM
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered
ID:
Jennifer K Walters
DocuSigned by:
Sent: 11/24/2015 6:46:15 AM
jennifer .walters @cityofdenton.com
"'�"� "` K Wd "`�
EjC5BFAFC1821946D
Viewed: 11/30/2015 10:28:13 AM
City Secretary
Signed: 11/30/2015 10:28:30 AM
City of Denton
Security Level: Email, Account Authentication
Using IP Address: 129.120.6.150
(Optional)
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 Sent: 11/2/2015 9:07:30 AM
charleta .gilbreath @cityofdenton.com Viewed: 11/2/2015 9:24:53 AM
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered
ID:
Julia Klinck� Sent: 11/2/2015 9:07:30 AM
julia.klinck @cityofdenton.com Viewed: 11/2/2015 10:12:04 AM
Contracts Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered
ID:
Robin Fox Sent: 11/18/2015 2:50:15 PM
Robin.fox @cityofdenton.com Viewed: 11/24/2015 7:15:31 AM
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Accepted: 10/9/2015 11:39:51 AM
ID: 04463961- 03db -4c4d- 9228- d660d6146ed6
Jennifer Bridges Sent: 11/30/2015 10:28:32 AM
jennifer .bridges @cityofdenton.com Viewed: 12/9/2015 12:16:51 PM
Security Level: Email, Account Authentication
(Optional)
Carbon Copy Events Status Timestamp
Electronic Record and Signature Disclosure:
Not Offered
ID:
Scott Lebsack� Sent: 11/30/2015 10:28:34 AM
scott.lebsack @cityofdenton.com Viewed: 11/30/2015 10:53:17 AM
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered
ID:
Jane Richardson Sent: 11/30/2015 10:28:36 AM
jane .richardson @cityofdenton.com Viewed: 1/8/2016 8:26:35 AM
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered
ID:
Nick Vincent Sent: 11/30/2015 10:28:39 AM
nicolas.vncent @cityofdenton.com
Security Level: Email, Account Authentication
(Optional)
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
Electronic Record and Signature Disclosure
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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