21-133721-1337
ORDINANCE NO .
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE APPROVAL OF A FOURTH AMENDMENT TO A
CONTRACT BETWEEN THE CITY OF DENTON AND PRIMORIS DISTRIBUTION
SERVICES. [NC., AMENDING THE CONTRACT APPROVED BY CITY COUNCIL ON
SEPTEMBER 1 1, 2018, IN THE NOT-TO-EXCEED AMOUNT OF $900,000.00; AMENDED BY
AMENDMENTS 1, 2 AND 3 APPROVED BY PURCHASING; SAID FOURTH AMENDMENT
TO CONTINUE TO PROVIDE OVERHEAD DISTRIBUTION CONSTRUCTION SERVICES;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE (FILE 6582 – PROVIDING FOR AN ADDITIONAL FOURTH
AMENDMENT EXPENDITURE AMOUNT NOT-TO-EXCEED $225,000.00, WITH THE
TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $1,125,000.00).
WHEREAS, on September 1 1, 2018, by Ordinance No. 18-771, the City awarded a contract
to Primoris T&D Services, LLC in the amount of $900,000.00, for the supply of overhead electric
distribution services for the City of Denton;
WHEREAS, on December 10, 2019, Purchasing awarded a First Amendment to Primoris
Distribution Services, Inc. for additional services to the contract;
WHEREAS, on May 5, 2020, Purchasing awarded a Second Amendment to Primoris
Distribution Services, Inc. for a 5% price reduction due to Covid19;
WHEREAS, on March 24, 2021, Purchasing awarded a Third Amendment to Primoris
Distribution Services, Inc. to redact the 5% price reduction due to Covid19;
WHEREAS, the additional fees under the proposed Fourth 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 Fourth Amendment, increasing the amount of the contract between the
City and Primoris Distribution Services, Inc., which is on file in the office of the Purchasing Agent,
in the amount of Two Hundred Twenty-Five Thousand and 00/100 $225,000.00) Dollars, is hereby
approved, and the expenditure of funds therefor is hereby authorized in accordance with said
amendment which shall be attached hereto. The total contract amount increases to $1,125,000.00.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
The potion to approve this ordinance was made by --'-R'be_ D'Ly iS and
seconded by 'P6LO I m e \ he( . This ordinance was passed and approved by the
following vote [L - a
Aye
../7
J
JJ
Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck. District 2:
Jesse Davis. District 3 :
Alison Maguire, District 4:
Deb Armintor, At Large Place 5 :
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the kM day of TJ,t\, 2021
GiRAm'i'pN
ATTEST:
ROSA RIOS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
CATHERINE CLIFTON, INTERIM CITY ATTORNEY
WU(IAt\ \jL$\\
Djgjtaljy sjgned by Marcella Lunn
DN: dc=com, dc=cityofdenton, dc=codad,
ou=Department Users and Groups,
ou=General Government, ou=Legal,
cn=Marcella Lunn.
email=Marcella.Lunn@cityofdenton.comBY:
DocuSign Envelope ID: C6863954-EE3D-4502-9838-38613DED7EB7
DENTON
Docusign City Council Transmittal Coversheet
6582
File Name overhead Dlstrlbutlon Construction S vcs - Amendment 4
Purchasing Contact chrlsta Christlan
City Council Target Date JULY 20’ 2021
Piggy Back Option
Contract Expiration
Ordinance
RFP
Not App11cab1 e
N/A
21-1337
DocuSign Envelope ID: C6863954-EE3D-t5C)2-9838-38613DED7EB7
THE STATE OF TEXAS §
§
§COUNTY OF DENTON
FOURTH AMENDMENT TO CONTRACT
BY AND BETWEEN THE CITY OF DENTON, TEXAS
AND PRIMORIS T& D SERVICES, 6582
THIS FOURTH AMENDMENT TO CONTRACT 6582 (this “Amendment”) by
and between the City of Denton, Texas (“City”) and Primoris Distribution Services, Inc.
(“Contractor”) to that certain contract executed on September 1 1, 2018, in the original not-
to-exceed amount of $900,000 (the “Original Agreement”); amended on December 10,
2019 to amend the original pricing sheet aggregating a not-to-exceed amount of $900,000
(the “First Amendment”); amended on May 5, 2020 to amend the original pricing sheet
aggregating a not-to-exceed amount of $900,000 (the “Second Amendment”); amended on
May 27, 2021 to amend the original pricing sheet aggregating a not-to-exceed amount of
$900,000 (the “Third Amendment”)(collectively, the Original Agreement, the First
Amendment, Second amendment, and the Third Amendment are the “Agreement”) for
services related to Overhead Distribution Construction Services.
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 8225,000 with this Amendment for an aggregate not-to-exceed
amount of $ 1,125,000; and
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 Amendment, which
amends the following terms and conditions of the said Agreement, to wit:
1. This Amendment modifies the Agreement amount to provide an additional
$225,000 for additional services and materials to be provided in accordance with
the terms of the Agreement with a revised aggregate not-to-exceed total of
$ 1 , 125,000.
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 07/20/2021
1
DocuSign Envelope ID: C6863954-EE3DJj502-9838-38613DED7EB7
“CONTRACTOR”
PRIMORIS DISTRIBUTION
SERVICES, INC.
“CITY”
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
.,:a&
AUTHdRi2Bb'giGNATURE, TITLE
.„: ( +l„-iii,
SARA-"f{ENg£EY
INTERIM CITY MANAGER
ATTEST:
ROSA RIOS, CITY SECRETARY
By: A
APPROVED AS TO LEGAL FORM:
DocuSigned by:
By:IAtfrr#,kAinE
tit7igFl?Tg“'dTlfton , Interim clty Attorney
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
DocuSigned by:
&htMiO Purklt
SIG'&-A'
Anton1 o Puente
PRINTED NAME
DME Genera1 Manager
TITLE
E1 ect ric
DEPARTMENT
2