21-1707ORDINANCE NO. 21-1707
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL
CORPORATION, AUTHORIZING THE APPROVAL OF A SECOND AMENDMENT TO A
CONTRACT BETWEEN THE CITY OF DENTON AND FLOYD SMITH CONCRETE, INC.,
AMENDING THE CONTRACT APPROVED BY CITY COUNCIL ON OCTOBER 17, 2017, IN
THE NOT -TO -EXCEED AMOUNT OF $21,976,261.84; AMENDED BY AMENDMENT 1
APPROVED BY THE CITY COUNCIL; SAID SECOND AMENDMENT IS FOR ADDITIONAL
MISCELLANEOUS CONCRETE RELATED REPAIR AND INSTALLATION PROJECTS
THROUGHOUT THE CITY BY THE STREETS DEPARTMENT; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE
6547 - PROVIDING FOR AN ADDITIONAL SECOND AMENDMENT EXPENDITURE
AMOUNT NOT -TO -EXCEED $1,980,000.00, WITH THE TOTAL CONTRACT AMOUNT NOT -
TO -EXCEED $24,176,495.71).
WHEREAS, on October 17, 2017, by Ordinance No. 2017-321, the City awarded a contract
to Floyd Smith Concrete, Inc. in the amount of $21,976,261.84, for concrete repair and installation
services including the construction of concrete pavement, curb, gutter, sidewalk, ADA ramps, and
valley gutters for various City of Denton departments; and
WHEREAS, on June 5, 2018, by Ordinance No. 18-769, the City awarded a First
Amendment to Floyd Smith Concrete, Inc. in the amount of $220,233.87, for the concrete slab
extension of existing compost windrows; and
WHEREAS, the additional fees under the proposed Second 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 Second Amendment, increasing the amount of the contract between the
City and Floyd Smith Concrete, Inc., which is on file in the office of the Purchasing Agent, in the
amount of One Million Nine Hundred Eighty Thousand ($1,980,000.00) Dollars, is hereby approved
and the expenditure of funds therefor is hereby authorized in accordance with said amendment. The
total contract amount increases to $24,176,495.71.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
The motion to ap rove this ordinance was made by r ; c -_n -,�) and
seconded by \j's (_lam; 4C d . The ordinance was passed and approved by the
following vote L2__ - _(D]:
PASSED AND APPROVED this the 2-'Atl� day of 2021.
GERARD S TH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:
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Vicki Byrd, District 1:
Brian Beck, District 2:
Jesse Davis, District 3:
Alison Maguire, District 4:
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Deb Armintor, At Large Place 5:
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Paul Meltzer, At Large Place 6:
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PASSED AND APPROVED this the 2-'Atl� day of 2021.
GERARD S TH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
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BY:
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APPROVED AS TO LEGAL NORM:
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CATHERINE CLIFTON, INTERIM CITY ATTORNEY
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DocuSign Envelope ID: AB49081 A-51 37-4F3C-BBA5-35261 B50D674
CITY ..___' 11
DENTON
Docusign City Council Transmittal Coversheet
TFB
6547
File Name
Concrete Repair Services - Amendment 2
Purchasing Contact
Cori Power
City Council Target Date
AUGUST 24, 2021
Piggy Back Option
Yes
Contract Expiration
"/A
Ordinance
21-1707
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DocuSign Envelope ID: AB49081A-5137-4173C-SBA5-35261 B5OD674
THE STATE OF TEXAS §
COUNTY OF DENTON §
SECOND AMENDMENT TO CONTRACT
BY AND BETWEEN THE CITY OF DENTON, TEXAS
AND FLOYD SMITH CONCRETE, INC. 6547
THIS SECOND AMENDMENT TO CONTRACT 6547 (this "Amendment") by
and between the City of Denton, Texas ("City") and Floyd Smith Concrete, Inc.
("Contractor") to that certain contract executed on October 17, 2017, in the original not -
to -exceed amount of $21,976,261.84 (the "Original Agreement"); amended on June 5,
2018 in the additional amount of $220,233.87 aggregating a not -to -exceed amount of
$22,196,495.71 (the "First Amendment") (collectively, the Original Agreement and the
First Amendment are the "Agreement") for services related to concrete repair and
installation 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 $1,980,000 with this Amendment for an aggregate not -to -exceed
amount of $24,176,495.71; and
WHEREAS, the City deems it necessary to fiirther 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
$1,980,000 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
$24,176,495.71.
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 08/24/2021
DocuSign Envelope 1D: A549081A 5137-4F3C-BBA5-35261B54D674
"CONTRACTOR"
Floyd Smith Concrete, Inc.
Ducuftmd by:
By: Ab �K A, Pesi dent, CEO
AU T=SIGNATURE, TITLE
ATTEST:
ROSA RIOS, CITY SECRETARY
DocuSigned by:
By: R,44 RZ04
1 C5CA8C5E175493...
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
DocuSigned by:
By: " fl"",
03E Y, INTERIM CITY MANAGER
APPROVED AS TO LEGAL FORM:
CATHERINE CLIFTON, INTERIM CITY ATTORNEY
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QocuSigned by:
By.�'
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THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
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DocuSiigned by:
�A.fNV V V?O 6
7
ethan cox
PRINTED NAME
General Manager of Public works
TITLE
Public works
DEPARTMENT
2