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2017-094ARDINANCE NO. 2017-09 • " •1 111 ' • •'' ! '' • ! •' ! ! • ! . • • I&MM ag 0 VM,]*XFAW1VTVWkA 8 W v V I•, . WHEREAS, on December 4, 2012, by Ordinance No. 2012-330, the Council awarded a contract for electric utility 69kV and 13 8kV instrument transformers (hereafter the "Agreement") to ABB, Inc., in the amount of $2,290,000; and WHEREAS, on July 7, 2014, the City awarded a First Amendment to ABB, Inc., (hereafter the "First Amendment") for additional line items to be added to the contract with no change in the total contract amount, and said Agreement was approved by Purchasing staff in accordance with their delegated authority; and WHEREAS, on August 8, 2014, the City awarded a Second Amendment to ABB, Inc., (hereafter the "Second Amendment") for a line item increase to the contract with no change in the total contract amount, and said Agreement was approved by Purchasing staff in accordance with their delegated authority; and WHEREAS, on January 20, 2015, the City awarded a Third Amendment to ABB, Inc., (hereafter the "Third Amendment") for a line item price reduction to the contract with no change in the total contract amount, and said Agreement was approved by Purchasing staff in accordance with their delegated authority; and WHEREAS, on June 6, 2016, the City awarded a Fourth Amendment to ABB, Inc., (hereafter the "Fourth Amendment") for additional line items to be added to the contract with no change in the total contract amount, and said Agreement was approved by Purchasing staff in accordance with their delegated authority; and WHEREAS, there appears to the Council that further transformers are needed; and Staff having recommended, the Public Utilities Board having approved, and the City Manager having recommended to the Council that the "Fifth Amendment to contract with ABB, Inc. (hereafter the "Fifth Amendment") be authorized to amend such Agreements, and an increase in the payment amount by $572,500; and said fees under the proposed Fifth Amendment are fair and reasonable, and are consistent with and not higher than the recommended practices and fees published by the professional associations applicable to the provider's profession; and such fees do not exceed the maximum provided by law; NOW, THEREFORE, 0 0 am I CKV-6111 a to] 1103 0 1: 1 SECTION 1. The City Manager is hereby authorized to enter into the "Amendment to Professional Services Agreement" with ABB, Inc., (the "Fifth Amendment"), in substantially the form that is attached hereto and incorporated herewith by reference, which increases the amount of the engagement by and between the City of Denton, Texas and ABB, Inc., which Agreement is on file in the office of the Purchasing Agent, in the additional amount of $572,500, which amount is hereby approved; and the expenditure of funds therefor is hereby authorized in accordance with said Fifth Amendment. The total purchase order amount therefore increases to the amount of not -to - exceed $2,862,500. SECTION 2. The City Council of the City of Denton, Texas hereby expressly delegates the authority to expend funds and to take any actions that may be required or permitted to be performed by the City of Denton, Texas under RFP 5064, to the City Manager of the City of Denton, Texas, or his designee. SECTION 3, The recitations and statements contained in the preamble hereto are incorporated herewith as a part of this Ordinance for all purposes. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. "Z t day of JNVNk�zC_, 2017. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY = -= = - = - = - -= - - - = N go] kin 0 Wax N I k, I I a -,4 lkyj to I Wff."% v K-93 agg I Wd By: DocuSign Envelope ID: 5E7084FE-449B-4F7E-9BA2-E97F6B8812A8 THE STATE OF TEXAS § § COUNTY OF DENTON § FIFTH AMENDMENT TO CONTRACT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND ABB, INC \[CONTRACT NO. 5064\] THIS FIFTH AMENDMENT TO CONTRACT 5064 by and between the City of Denton, and ABB, Inc., ); The CITY deems it necessary to further expand the goods/services provided by SUPPLIER to the CITY; NOW THEREFORE, 1. Exhibit A Total Contract Amount of the Agreement is hereby amended to read as follows: Total Contract Amount for goods shall not exceed $2,862,500 over the entire contract term. Pricing shall be per Exhibit C of the original contract All other provisions of the contract 5064 as heretofore amended, remain in full force and effect. IN WITNESS WHEREOF, the CITY and the SUPPLIER, have each executed this Amendment, by and through their respective duly authorized representatives and officers on this the date ____________________________. RFP 5064 Amendment #5 Page 1 of 2 DocuSign Envelope ID: 5E7084FE-449B-4F7E-9BA2-E97F6B8812A8 ABB, INC. A Corporation By: _________________________________ CITY OF DENTON, TEXAS A Texas Municipal Corporation By: __________________________________ TODD HILEMAN CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY By: __________________________________ APPROVED AS TO LEGAL FORM: AARON LEAL, INTERIM CITY ATTORNEY By: ___________________________________ RFP 5064 Amendment #5 Page 2 of 2 Certificate Of Completion Envelope Id: 5E7084FE449B4F7E9BA2E97F6B8812A8Status: Completed Subject: City Council Docusign Item 5064-AMD 5 Source Envelope: Document Pages: 3Signatures: 4Envelope Originator: Supplemental Document Pages: 0Initials: 0Karen E. Smith Certificate Pages: 6 AutoNav: EnabledPayments: 0karen.smith@cityofdenton.com EnvelopeId Stamping: EnabledIP Address: 129.120.6.150 Time Zone: (UTC-06:00) Central Time (US & Canada) Record Tracking Status: OriginalHolder: Karen E. SmithLocation: DocuSign 3/1/2017 11:12:34 AM karen.smith@cityofdenton.com Signer EventsSignatureTimestamp Karen E. SmithSent: 3/1/2017 11:16:54 AM Completed karen.smith@cityofdenton.comViewed: 3/1/2017 11:17:02 AM Assistant Purchasing ManagerSigned: 3/1/2017 11:18:11 AM Using IP Address: 129.120.6.150 City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Nicholas PowersSent: 3/1/2017 11:18:12 AM nicholas.s.powers@us.abb.comViewed: 3/3/2017 6:47:31 AM ABB HVIT Marketing ManagerSigned: 3/3/2017 6:47:50 AM Security Level: Email, Account Authentication Using IP Address: 108.171.131.160 (Optional) Electronic Record and Signature Disclosure: Accepted: 3/3/2017 6:47:31 AM ID: b1132671-0ef9-4d58-80c6-74edef66a67c John KnightSent: 3/3/2017 6:47:53 AM john.knight@cityofdenton.comViewed: 3/6/2017 12:52:34 PM Deputy City AttorneySigned: 3/6/2017 12:52:42 PM City of Denton Using IP Address: 129.120.6.150 Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Julia WinkleySent: 3/6/2017 12:52:44 PM Completed julia.winkley@cityofdenton.comViewed: 3/6/2017 2:58:28 PM Contracts Administration SupervisorSigned: 3/23/2017 3:19:23 PM Using IP Address: 129.120.6.150 City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Signer EventsSignatureTimestamp Todd HilemanSent: 3/23/2017 3:19:27 PM todd.hileman@cityofdenton.comViewed: 3/23/2017 4:56:17 PM City ManagerSigned: 3/23/2017 4:56:32 PM City of Denton Using IP Address: 129.120.6.150 Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Accepted: 2/8/2017 6:52:51 PM ID: 8154723a-9757-4d53-a4b5-794656233671 Jennifer WaltersSent: 3/23/2017 4:56:33 PM jennifer.walters@cityofdenton.comViewed: 3/24/2017 8:00:46 AM City SecretarySigned: 3/24/2017 8:00:58 AM City of Denton Using IP Address: 129.120.6.150 Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: In Person Signer EventsSignatureTimestamp Editor Delivery EventsStatusTimestamp Agent Delivery EventsStatusTimestamp Intermediary Delivery EventsStatusTimestamp Certified Delivery EventsStatusTimestamp Carbon Copy EventsStatusTimestamp Julia WinkleySent: 3/3/2017 6:47:52 AM julia.winkley@cityofdenton.com Contracts Administration Supervisor City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Sherri ThurmanSent: 3/3/2017 6:47:52 AM sherri.thurman@cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Jane RichardsonSent: 3/23/2017 3:19:25 PM jane.richardson@cityofdenton.com Assistant City Secretary City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Carbon Copy EventsStatusTimestamp Robin FoxSent: 3/23/2017 3:19:25 PM Robin.fox@cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Accepted: 10/9/2015 1:39:51 PM ID: 04463961-03db-4c4d-9228-d660d6146ed6 Jennifer BridgesSent: 3/24/2017 8:00:59 AM jennifer.bridges@cityofdenton.com Procurement Assistant City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Jane RichardsonSent: 3/24/2017 8:01:00 AM jane.richardson@cityofdenton.comViewed: 3/24/2017 4:50:45 PM Assistant City Secretary City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: laura cheekSent: 3/24/2017 8:01:01 AM laura.cheek@cityofdenton.comViewed: 3/24/2017 8:10:15 AM Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Accepted: 2/2/2016 1:20:50 PM ID: d579a165-212b-468c-86ab-6e6bd30611a3 Laura HermosilloSent: 3/24/2017 8:01:02 AM laura.hermosilla@cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Notary EventsTimestamp Envelope Summary EventsStatusTimestamps Envelope SentHashed/Encrypted3/24/2017 8:01:02 AM Certified DeliveredSecurity Checked3/24/2017 8:01:02 AM Signing CompleteSecurity Checked3/24/2017 8:01:02 AM CompletedSecurity Checked3/24/2017 8:01:02 AM Payment EventsStatusTimestamps Electronic Record and Signature Disclosure 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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