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23-1146ORDINANCE NO. 23-1146 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPALCORPORATION, RATIFYING THE APPROVAL OF A FIRST AMENDMENT TO ACONTRACT BETWEEN THE CITY OF DENTON AND STELLA-JONES CORPORATION,AMENDING THE CONTRACT APPROVED BY THE CITY COUNCIL ON SEPTEMBER 18,2018, IN THE NOT-TO-EXCEED AMOUNT OF $2,500,000.00; SAID FIRST AMENDMENTFOR THE EMERGENCY PURCHASE OF WOOD POLES FOR DENTON MUNICIPALELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; ANDPROVIDING AN EFFECTIVE DATE (IFB 6813 – PROVIDING FOR AN ADDITIONAL FERSTAMENDMENT EXPENDITURE AMOUNT NOT-TO-EXCEED $625,000.00, WITH THE TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $3,125,000.00). WHEREAS, on September 18, 2018, City Council awarded a contract to McFarland Cascade Holdings, Inc. in the amount of $2,500,000.00, for wood utility poles for the City of Denton Distribution Center; and WHEREAS, on May 22, 2020, Purchasing executed an Assignment of Contract from McFarland Cascade Holdings, Inc. to Stella-Jones Corporation; 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 ORDA INS: SECTION 1. The First Amendment, increasing the amount of the contract between the City and Stella-Jones Corporation, 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 the amendment 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. Th, m,ti,„ t, ppp„„, thi, „di„,„„ w„ m,de by Bf ,'- Bel L and„„„d,d bey lnQ}=1 Q A:iT;,, is QKm“"e was TihT,,Tdh;„, :,:, p=='d =d,pp„„,dbyT"following vote n - b : Nay Abstain Absent Mayor Gerard Hudspeth : Vicki Byrd, District 1 : Brian Beck. District 2: Paul Meltzer. District 3 : Joe Holland. District 4: Brandon Chase McGee, At Large Place 5: Chris Watts, At Large Place 6: /J ./ \/ / PASSED AND APPROVED this the J-'vcday of 2023 mDN ATTEST: JESUS SALAZAR, INTERIM CITY SECRETARY g>HnB al•+andIPde APPROVED AS TO LEGAL FORM: MACK RE[NWAND, CITY ATTORNEY Digitally signed by Marcella U on.com, c=USDate: 2023.05.26 14:53:20 -05'00' . , DN: cn=Marcella Lunn. o fL\'aaf \ \JL&Vb :i:h'r=ET."h:a:„,„. L Docusign City Manager Approval Transmittal Coversheet File Name Purchasing Contact Piggy Back Option Contract Expiration DocuSign Envelope ID: B08223DD-4AD5-4329-A3A3-BBF660171150 6813IFB 09/18/2023 yes Wood Utility Poles. Amendment 1 - NTE Increase Christa Christian 1 THE STATE OF TEXAS § § COUNTY OF DENTON § FIRST AMENDMENT TO CONTRACT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND STELLA-JONES CORPORATION THIS FIRST AMENDMENT TO CONTRACT 6813 (this “Amendment”) by and between the City of Denton, Texas (“City”) and STELLA-JONES CORPORATION (“Contractor”) to that certain contract executed on September 18, 2018, in the original not- to-exceed amount of $2,500,000 (the “Agreement”); for services related to the Wood Utility Poles. 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; 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 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 $625,000 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 $3,125,000. 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_______________________________________. DocuSign Envelope ID: B08223DD-4AD5-4329-A3A3-BBF660171150 05/09/2023 2 “CONTRACTOR” STELLA-JONES CORPORATION By: _____________________________ “CITY” CITY OF DENTON, TEXAS A Texas Municipal Corporation By: _____________________________ CITY MANAGER, SARA HENSLEY THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. _______________ Antonio Puente___ SIGNATURE PRINTED NAME __________________________________ TITLE __________________________________ DEPARTMENT DocuSign Envelope ID: B08223DD-4AD5-4329-A3A3-BBF660171150 5/10/2023 Contract and Product Development ManagerPhil Agnelli Electric DME General Manager Certificate Of Completion Envelope Id: B08223DD4AD54329A3A3BBF660171150 Status: Completed Subject: ****City Manager Approval ***** 6813 - Wood Poles, Amendment 1 - NTE Increase after DOE Source Envelope: Document Pages: 3 Signatures: 3 Envelope Originator: Certificate Pages: 6 Initials: 1 Christa Christian AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 901B Texas Street Denton, TX 76209 Christa.Christian@cityofdenton.com IP Address: 198.49.140.10 Record Tracking Status: Original 5/9/2023 11:50:07 AM Holder: Christa Christian Christa.Christian@cityofdenton.com Location: DocuSign Signer Events Signature Timestamp Christa Christian christa.christian@cityofdenton.com Senior Buyer City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 198.49.140.10 Sent: 5/9/2023 11:52:21 AM Viewed: 5/9/2023 11:52:31 AM Signed: 5/9/2023 11:52:33 AM 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) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Sent: 5/9/2023 11:52:35 AM Viewed: 5/9/2023 12:06:07 PM Signed: 5/9/2023 12:06:30 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Phil Agnelli PAgnelli@stella-jones.com Contract and Product Development Manager Stella-Jones Corporation Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 136.226.54.166 Sent: 5/10/2023 8:14:09 AM Viewed: 5/10/2023 12:06:49 PM Signed: 5/10/2023 12:07:26 PM Electronic Record and Signature Disclosure: Accepted: 8/27/2018 5:25:39 PM ID: 7396d752-bb0f-49bf-aa87-75d5223073c6 Antonio Puente Antonio.Puente@cityofdenton.com DME General Manager Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 5/10/2023 12:07:28 PM Viewed: 5/10/2023 1:15:30 PM Signed: 5/10/2023 1:15:44 PM Electronic Record and Signature Disclosure: Accepted: 5/10/2023 1:15:30 PM ID: f1f70e93-7044-4288-8a92-38892b7b0e34 Signer Events Signature Timestamp Sara Hensley sara.hensley@cityofdenton.com City Manager City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 5/10/2023 1:15:46 PM Viewed: 5/10/2023 1:18:07 PM Signed: 5/10/2023 1:18:12 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp In Person Signing Host: Cheyenne Defee cheyenne.defee@cityofdenton.com In Person Signer: Cheyenne Defee Security Level: In Person Completed Using IP Address: 198.49.140.10 Sent: 5/9/2023 11:52:35 AM Viewed: 5/10/2023 8:13:46 AM Signed: 5/10/2023 8:14:08 AM Electronic Record and Signature Disclosure: Accepted: 5/10/2023 8:13:46 AM ID: 6c7ae011-571c-48b4-8ed9-6c8e13e51454 Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Randy Key randy.key@cityofdenton.com Security Level: Email, Account Authentication (None) Sent: 5/10/2023 1:18:13 PM Viewed: 5/10/2023 1:24:04 PM Electronic Record and Signature Disclosure: Accepted: 5/5/2023 9:09:55 AM ID: 017c5064-4e4e-48e9-9742-611bc9e7f245 Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication (None) Sent: 5/10/2023 1:18:14 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 5/9/2023 11:52:21 AM Certified Delivered Security Checked 5/10/2023 1:18:07 PM Signing Complete Security Checked 5/10/2023 1:18:12 PM Completed Security Checked 5/10/2023 1:18:14 PM Payment Events Status Timestamps 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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