Loading...
22-2284ORDINANCE NO. 22-2284 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPALCORPORATION, AUTHORIZING THE APPROVAL OF A FIRST AMENDMENT TO ACONTRACT BETWEEN THE CITY OF DENTON AND CBS MECHANICAL SERVICES, INC.,DBA CMS MECHANICAL SERVICES, INC., AMENDING THE CONTRACT APPROVED BYTHE CITY COUNCIL ON NOVEMBER 5, 2019, IN THE NOT-TO-EXCEED AMOUNT OF$2,500,000.OO; SAID FIRST AMENDMENT TO CONTINUE TO PROVIDE HVAC REPAIRS.REPLACEMENT, AND PREVENTIVE MAINTENANCE IN CITY OF DENTON BUILDINGS FOR THE FACILITIES MANAGEMENT DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (IFB 7127– PROVIDING FOR AN ADDITIONAL FIRST AMENDMENT EXPENDITURE AMOUNT NOT-TO-EXCEED $625,000.00, WITH THE TOTAL CONTRACT AMOUNT NOT-TO- EXCEED $3,125,000.00). WHEREAS, on November 5, 2019, City Council awarded a contract to CBS Mechanical Services, Inc., dba CMS Mechanical Services, Inc. in the amount of $2,500,000.00, for HVAC repairs, replacement, and preventive maintenance in City of Denton buildings for the Facilities Management Department; 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 CBS Mechanical Services, Inc., dba CMS Mechanical Services, Inc., which is on file in the office of the Purchasing Agent, in the amount of Six Hundred Twenty-Five Thousand and 0/100 ($625,000.00) 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 theamendment attached hereto. The total contract amount increases to $3,125,000.00. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by Bt M £beck and secondedby IMG !)Wtf) . This ord) y thefollowing vote LL - (E] : Aye 1/ IZ b/ / V/ 1/‘r‘ Nay Abstain Absent Mayor Gerard Hudspeth:Vicki Byrd, District 1 : Brian Beck, District 2:Jesse Davis. District 3 : Alison Maguire, District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: PASSED AND APPROVED this the 15-hk day of bffyVQrrNbur , 2022 EEFrniKimmMR6R ATTEST: ROSA RIOS, CITY SECRETARY L\\11111111/ .J/#b) APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Digitally signed by Marcella LunnDN: cn=Marcella Lunn, o,I on.com. c=US2 WU ::=i=r=rein@dtyddemI__ \NtvtMi\ DocuSign Envelope ID: 954DEBB8-1 1 154980-BOAE-BAC7E4B3219D DENTON Docusign City Council Transmittal Coversheet 7127II- D File Name Purchasing Contact christa Christian City Council Target Date NOVEMBER 15’ 2022 Piggy Back Option Contract Expiration Ordinance HVAC Services , Amendment 1 Yes NOVEMBER 5, 2024 22-2284 DocuSign Envelope ID: 954DEBB8-1 1 154980-BOAE-BAC7E4B3219D THE STATE OF TEXAS g § §COUNTY OF DENTON FRST AMENDMENT TO CONTRACT BY AND BETWEEN THE CITY OF DENTON, TEXASAND CMS MECHANICAL SERVICES, INC., (CMS), 7127 THIS FIRST AMENDMENT TO CONTRACT 7127 (this “Amendment”) by and between the City of Denton, Texas (“City”) and CBS Mechanical Services, Inc. dba CMS Mechanical Services, Inc.,(CMS) (“Contractor”) to that certain contract executed onNovember 5, 2019, in the original not-to-exceed amount of $2,500,000.00 (the“Agreement”); for services related to the HVAC repairs, replacement and preventativemaintenance. 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 §625,000 with this First Amendment for an aggregate not-to-exceed amount of $3,125,000.00 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. This Amendment modifies the Agreement amount to provide an additional 5625,000 for additional services and materials to be provided in accordance withthe terms of the Agreement with a revised aggregate not-to-exceed total of $3, 125,000.00. 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 officerson this date 11/15/2022 1 DocuSign Envelope ID: 954DEBB8-1 1 154980-BOAE-BAC7E4B3219D “CONTRACTOR” CMS MECHANICAL SERVICES, INC.,(CMS) “CITY” CITY OF DENTON, TEXAS A Texas Municipal Corporation AUTHORIZED SIGNATURE, TITLE APPROVED AS TO LEGAL FORM: MACK REUVWAND, CITY ATTORNEY THIS AGREEMENT HAS BEENBOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. ATTEST: ROSA RIOS. CITY SECRETARYDocuSlgnbd by: By:1 RoKRLMnc CA8M 54gl mI WFm'Trevor cra1 n PRUVTED NAME TITLE Interlm D1 rector of Fac11itles Faci 1 1 ties DEPARTMENT [k>cuSign Certificate Of Completion Envelope Id: 954DEBB81 1154980BOAEBAC;7E4B3219D Subject: Please DocuSign: City Council Contract 7127 - HVAC Services, Amendment 1 Source Envelope: Status: Completed Document Pages: 3 Certificate Pages: 6AutoNav: Enabled Signatures: 5 Initials: 1 Envelope Originator: Christa Christian Envelopeld Stamping: Enabled Time Zone: (UTC+)6:00) Central Time (US & Canada) 901 B Texas Street Denton, TX 76209 Christa.Christian@cityofdenton.com IP Address: 198.49.140.10 Record Tracking Status: Original 10/27/2022 4:59:00 PM Holder: Christa Christian Christa.Christian@cityofdenton.com Location: DocuSign Signer Events Christa Christian christa.christian@cityofdenton.com Senior Buyer City of Denton Security Level: Email, Account Authentication(None) ElectronIc Record and Signature Disclosure: Not Offered via DocuSign Signature Timestamp Sent: 10/27/2022 5:03:10 PM Viewed: 10/27/2022 5:03:25 PM Signed: 10/27/2022 5:03:33 PM Completed Using IP Address: 198.49.140.10 Lori Hewell lori.hewell@cityofdenton.com Purchasing Manager City of Denton Security Level: Email, Account Authentication(None) Sent: 10/27/2022 5:03:36 PM Viewed: 10/27/2022 5:09:40 PM Signed: 10/27/2022 5:09:50 PM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Electronic Record and Signature Disclosure:Not Offered via DocuSign Marcella Lunn marcella.lunn@cityofdenton.com Deputy City Attorney City of Denton Security Level: Email, Account Authentication(None) ’DocuSlgn•d br IMartdhMtl .4B07Q831B4AM38 Sent: 10/27/2022 5:09:54 PM Viewed: 10/27/2022 9:56:50 PM Signed: 10/27/2022 9:57:57 PM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Electronic Record and Signature Disclosure:Not Offered via DocuSign Ashley Loggains ashley@cbsmechanicalservices.com HVAC Service Manager, Executive Assistant Security Level: Email, Account Authentication (None) Sent: 10/27/2022 9:58:00 PM Viewed: 10/28/2022 6:36:58 AM Signed: 10/28/2022 6:37:46 AM Signature Adoption: Pre-selected Style Using IP Address: 38.96.230.194 Electronic Record and Signature Disclosure:Accepted: 10/28/2022 6:36:58 AMID: b5342692-e7c244c8-940c-3e55f3f1 8033 Signer Events Trevor Crain trevor.crain@cityofdenton.com Interim Director of Facilities Security Level: Email, Account Authentication(None) Signature Timestamp Sent: 10/28/2022 6:37:49 AM Viewed: 10/28/2022 6:38:40 AM Signed: 10/28/2022 6:39:16 AM Signature Adoption: Pre-selected Style Using IP Address: 70.237.27.78 Signed using mobile Electronic Record and Signature Disclosure:Accepted: 10/28/2022 6:38:40 AMID: 8729cac3-8d3740d2-b941-19fcffb3afe3 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: 10/28/2022 6:39:21 AM Viewed: 11/16/2022 9:28:55 AM Signed: 11/16/2022 9:29:25 AMUsing IP Address: 198.49.140.10 Sara Hensley sara.hensley@cityofdenton.com City Manager City of Denton Security Level: Email, Account Authentication(None) Sent: 11/1 6/2022 9:29:28 AM Viewed: 11/16/2022 9:31 :25 AM Signed: 11/16/2022 9:31 :35 AM Signature Adoption: Pre-selected Style Using IP Address: 107.77.198.132 Signed using mobile Electronic Record and Signature Disclosure:Not Offered via DocuSign Rosa Rios rosa.rios@cityofdenton.com City Secretary Security Level: Email, Account Authentication(None) 'DocuSlgned brI RenR&&I IC5CA8GSEI 75493 Sent: 11/1 6/2022 9:31 :39 AM Viewed: 11/16/2022 4:33:48 PM Signed: 11/16/2022 4:34:05 PM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure:Accepted: 11/16/2022 4:33:48 PMID: If717517-c28f214d2-9444-63079e9f4bba In Person Signer Events Signature Status Timestamp Editor Delivery Events Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status 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: 10/27/2022 5:03:36 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: 10/28/2022 6:39:19 AM Viewed: 10/28/2022 9:57:13 AM City Secretary Office citysecretary@cityofdenton.com Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Sent: 11/16/2022 4:34:09 PM Viewed: 11/1 7/2022 9:45:21 AM Hailey Payne hailey.payne@cityofdenton.com Administration Manager City of Denton Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Sent: 11/1 6/2022 4:34:12 PM Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Envelope SentCertified Delivered Signing Complete Completed Status Timestamps 10/27/2022 5:03:10 PM 11/16/2022 4:33:48 PM 11/16/2022 4:34:05 PM 11/16/2022 4:34:12 PM Hashed/Encrypted 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: Ashley Loggains, Trevor Crain, Rosa Rios 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. Described below are the terms and conditions for providing to you such notices and disclosures electronically through your DocuSign, Inc. (DocuSign) Express user account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom ofthis document. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign Express user account to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact City of Denton: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: purchasing@ cityofdenton.com To advise City of Denton of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address.. In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in DocuSign. To request paper copies from City of Denton To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an e-mail to purchasing@cityofdenton.com and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any.To withdraw your consent with City of Denton To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign account, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you must state your e-mail, full name, IS Postal Address, telephone number, and account number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software Operating Systems Browsers (for SENDERSy Browsers (for SIGNERSy Windows2000? or WindowsXP? Internet Explorer 6.0? or above mlet Explorer 6.o?, Mozilla FireFox 1.oNetSca7.2 (or above c x Email Screen Resolution Enabled Security Settings •Allow per session cookies •Users accessing the internet behind a Proxy Server must enable Hmp 1.1 settings via roxy connection 88 These minimum requirements are subject to change. If these requirements change, we will provide you with an email message at the email address we have on file for you at that time providing you with the revised hardware and software requirements, at which time you will have the right to withdraw your consent. Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I agree' button below. By checking the 'I Agree' box, I confirm that: • I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and • Until or unless I notify City of Denton as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by City of Denton during the course of my relationship with you. O T h & e 9 • t r +