23-889ORDINANCE NO. 23-889
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICPALCORPORATION, AUTHORIZING THE APPROVAL OF A FIRST AMENDMENT TO ACONTRACT BETWEEN THE CITY OF DENTON AND FERGUSON ENTERPRISES, LLC.AMENDING THE CONTRACT APPROVED BY CITY COUNCil ON MARCH 17. 2020. INTHE NOT-TO-EXCEED AMOUNT OF $3,630,000.00, SAID FRST AMENDMENT TO
CONTINUE TO PROVIDE WATER AND WASTEWATER INVENTORY FOR THEWAREHOUSE DEPARTMENT; PROViDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVDING AN EFFECTIVE DATE (HB 7187 – PROVIDING FOR ANADDITIONAL FIRST AMENDMENT EXPENDITURE AMOUNT NOT-TO-EXCEED
$907,500.00, FOR A TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $4,537,500.00).
WHEREAS, on March 17, 2020, City Council awarded a contract to Ferguson Enterprises,
LLC in the amount of $3,630,000.00, for the supply of water and sewer inventory parts; 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 Ferguson Enterprises, LLC, which is on file in the office of the Purchasing Agent, in the amount
of Nine Hundred Seven Thousand Five Hundred and 0/100 ($907,500.00) 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 the amendment attached hereto. The total
contract amount increases to $4,537,500.00.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by Lb and
seconded by / c Gee . This ordinance was passed and approved by
the following vote [X - a
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck. District 2 :
Jesse Davis. District 3 :
VACANT. District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:
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PASSED AND APPROVED thi, th, a"& d,, ,f ma,y , 2023
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ATTEST:
JESUS SALAZAR, INTERIM CITY SECRETARY
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Digitally signed by MarcellaLunn
. , DN: cn=Marcella Lunn. oBY: hI,bvatJd\
B: Ice::b;;:4.07 lo:40:19 -05'oo'
AIn:=:YI =1 Per j@ILiLyuNel IL
DocuSign Envelope ID: 4BF2257F-18EB4DD4-A8FC-67BD0367163A
DENTON
Docusign City Council Transmittal Coversheet
7187IFB
File Name =e Iii::t&lsewer Inventory– Ferguson
Purchasing Contact GinnY Brummett
City C,,„,iI T,rg,t D,te " "“ 2 ’ 2023
Piggy Back Option
Contract Expiration
Ordinance
NO
MARCH 17, 2024
23-889
DocuSign Envelope ID: 4BF2257F-18EBJ+DD4-A8FC47BD0367163A
THE STATE OF TEXAS §
§
§COUNTY OF DENTON
FIRST AMENDMENT TO CONTRACTBY AND BETWEEN THE CITY OF DENTON, TEXAS
AND FERGUSON ENTERPRISES, LLC
(7187)
THIS FIRST AMENDMENT TO CONTRACT 7187 (this “Amendment”) by andbetween the City of Denton, Texas (“City”) and FERGUSON ENTERPRISES, LLC
(“Contractor”) to that certain contract executed on March 17, 2020, in the original not-to-
exceed amount of $3,630,000 (the “Agreement”); for services related to the DC water and
sewer Inventory.
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 $907,500 with this First Amendment for an aggregate not-to-exceedamount of $4,537,500; 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
“Panics”), 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
$907,500 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
$4,537,500.
IN WITNESS WHEREOF, the City and the Contractor, have each executed this
AmFTdment, tax/o$}Mugh their respective duly authorized representatives and officerson this date
“CONTRACTOR”
Ferguson Enterprises, LLC
I
DocuSign Envelope ID: 4BF2257F-18EB-4DD4-A8FC-67BD0367163A
'„:,:„.
“CITY”
CITY OF DENTON, TEXAS
A Texas Municipal Corporation/DocuSlgned by:
By:I h HeM£q\ 5236DB296270423
APPROVED AS TO LEGAL FORM:
MACK REWWAND, CITY ATTORNEY
ATTEST:
ROSA RIOS, CITY SECRETARY
By:JaM J. S,
2437C77B89754 1 D
THIS AGREEMENT HAS BEENBOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
Laura Behrens
PRINTED NAME
Asslstant Procurement D1 rector
TITLE
Procurement
DEPARTMENT
[k>cuSign
Certificate Of Completion
Envelope Id: 4BF2257FI 8EB4DD4A8FC67BD03671 63A
Subject: Please DocuSign: City Council Contract-7187 DC Water &
Status: Completed
Sewer Inventory- Ferguson Amendment 1
Source Envelope:
Document Pages: 3
Certificate Pages: 6
Signatures: 5
Initials: 1
Envelope Originator:
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
Ginny Brummett
901 B Texas Street
Denton, TX 76209
Ginny.Brummett@cityofdenton.com
IP Address: 198.49.140.10
Record Tracking
Status: Original
4/3/2023 8:32:27 AM
Holder Ginny Brummett
Ginny.Brummett@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Sent: 4/3/2023 8:48:05 AM
Viewed: 4/3/2023 8:48: 14 AM
Signed: 4/3/2023 8:48:25 AM
Ginny Brummett
ginny.brummett@cityofdenton.com
Buyer
City of Denton
Completed
Using IP Address: 198.49.140.10
Security Level: Email, Account Authentication(None)
ElectronIc Record and SIgnature Disclosure:Not Offered via DocuSign
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication(None)
Sent: 4/3/2023 8:48:29 AM
Viewed: 4/3/2023 8:57:13 AM
Signed: 4/3/2023 8:57:40 AM
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Marcella Lunn
marcella.lunn@cityofdenton.com
Mack Reinwand City Attorney
City of Denton
Security Level: Email, Account Authentication
(None)
'DocuSignBd br
IMArtltht+h&b
.4B070&31B4AA438
Sent: 4/3/2023 8:57:43 AM
Viewed: 4/3/2023 10:16:57 AM
Signed: 4/3/2023 10:18:44 AM
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
ElectronIc Record and Signature Disclosure:
Not Offered via DocuSign
Ryan Moore
ryan.moore@ferguson.com
General Manager
Security Level: Email, Account Authentication(None)
'DocuSWd brI hAW Mar,
.!828911283AE4m.
Sent: 4/3/2023 10:18:47 AM
Viewed: 4/3/2023 10:58:08 AM
Signed: 4/3/2023 10:58:32 AM
Signature Adoption: Pre-selected Style
Using IP Address: 70.119.154.16
Electronic Record and Signature Disclosure:Accepted: 4/3/2023 10:58:08 AMID: ec0557d2-b4bb497f-95d0-1 8c092429f1 2
Signer Events
Laura Behrens
Laura.Behrens@cityofdenton.com
Assistant Procurement Director
City of Denton
Security Level: Email, Account Authentication(None)
Signature Timestamp
Sent: 4/3/2023 10:58:34 AM
Viewed: 4/3/2023 11 :42:18 AM
Signed: 4/3/2023 1 1 :42:30 AM
'DocuSigrnd bICIWAalnus.E4EBB9C2BIF24AB
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Electronic Record and Signature Disclosure:Not Offered via DocuSign
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: 4/3/2023 1 1 :42:33 AM
Viewed: 5/3/2023 8:46:40 AM
Signed: 5/3/2023 8:47:03 AMUsing IP Address: 198.49.140.10
Sara Hensley
sara.hensley@cityofdenton.com
City Manager
City of Denton
Security Level: Email, Account Authentication(None)
'DocuSlgned bFI SMA Hn%
,523608298270423.
Sent: 5/3/2023 8:47:06 AM
Viewed: 5/3/2023 8:58:35 AM
Signed: 5/3/2023 8:58:45 AM
Signature Adoption: Pre-selected Style
Using IP Address: 47.190.47.120
Signed using mobile
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Jesus J. Salazar
jesus.salazar@cityofdenton.com
Security Level: Email, Account Authentication(None)
Sent: 5/3/2023 12:00:48 PM
Viewed: 5/3/2023 12:30:10 PM
Signed: 5/3/2023 12:30:44 PM
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Electronic Record and Signature Disclosure:Accepted: 5/3/2023 12:30:10 PMID: c5881ece-fdd82lce3-bc8d-bac2d262fa74
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: 4/3/2023 8:48:28 AM
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: 4/3/2023 11 :42:32 AM
Viewed: 4/6/2023 11 :48:47 AM
Rosa Rios
rosa.rios@cityofdenton.com
City Secretary
Security Level: Email, Account Authentication(None)
Electronic Record and Signature Disclosure:Accepted: 4/1 9/2023 10:59:51 AMID: ebe47ac4-3a9d2L2e7-9f81-773a9e967edb
Sent: 5/3/2023 12:00:50 PM
Viewed: 5/3/2023 12:01 :15 PM
City Secretary Office
citysecretary@cityofdenton.com
Security Level: Email, Account Authentication(None)
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Sent: 5/3/2023 12:30:47 PM
Viewed: 5/3/2023 12:39:51 PM
Keith Kading
Keith.Kading@cityofdenton.com
Security Level: Email, Account Authentication(None)
Electronic Record and Signature Disclosure:Accepted: 5/3/2023 10:55:58 AMID: 0d25f1 3c-878ez1456-aaa0-377515733076
Sent: 5/3/2023 12:30:48 PM
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events
Envelope Sent
Certified Delivered
Signing Complete
Completed
Status Timestamps
4/3/2023 8:48:05 AM
5/3/2023 12:30:10 PM
5/3/2023 12:30:44 PM
5/3/2023 12:30:48 PM
Hashed/Encrypted
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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: Ryan Moore, Jesus J. Salazar, Rosa Rios, Keith Kading
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