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7670 - Change Order 1 Executed Docusign City Council Transmittal Coversheet File Name Purchasing Contact City Council Target Date Piggy Back Option Contract Expiration Ordinance DocuSign Envelope ID: 94F678F5-D65D-46A3-BD42-196B327FB50F Not Applicable Hickory GIS Substation, Change Order 1 7670 Christa Christian FILE AUGUST 16, 2022 N/A 22-1540 Beta Engineering 4725 Highway 28 East Pineville, LA 71360 318.487.9599 betaengineering.com June 30, 2022 Denton Municipal Electric 1671 Spencer Road Denton, TX 76205 Attn: Mr. Mark Zimmerer, PE Subject: City of Denton Hickory GIS Substation Project Beta Project No. B661 Dear Mark, This letter serves as a formal request for a Contract Amendment to incorporate scope changes in the Design Build Agreement for the Construction of the Hickory GIS Substation dated December 14th, 2021. The additional scope items have been separated into three categories as follows: A. Items to be Included in the Contract Amendment – Beta requests a Contract Amendment to incorporate the following scope changes as soon as possible so that these items can be incorporated in the project without delay. Item Description Price A1 As a result of a force-majeure event outside of Beta’s control, it is not possible to achieve the Contract Completion Date of October 24, 2024 with Beta- Purchased transformers GT-06111 and GT-06112 installed at the new Hickory GIS Substation. The new Hickory GIS Substation shall use Owner-Supplied transformers GT- 01950 and GT-02289. Unless otherwise noted, only the work performed by Beta to complete integration of Owner-Supplied transformers to the new Hickory GIS Substation shall be subject to a 3-year warranty period. Owner-Supplied transformers GT-01950 and GT-02289 shall be inspected and tested at McKinney Substation prior to disassembly and relocation to the new Hickory GIS Substation. This testing shall be performed by Waukesha under supervision by Beta at no additional cost to the contract. Upon reassembly at the new Hickory GIS Substation, Owner-Supplied transformers GT-01950 and GT-02289 shall be re-tested by Waukesha under supervision by Beta at no additional cost to the contract. $0 A2 "Per the definitions and Section 5.3(b)(6) of our design build Agreement: ""“Adjusted Reference Price” means the Reference Price for Copper, Steel and PVC Resin adjusted up or down five percent (5%), as applicable."" ""“Commodity Price Change Order” means a change order pursuant to Section 5.3(b)(6) and shall be; (a) a credit to Owner for quantities of Copper, Steel and PVC Resin, if the Copper Index Price, the Steel Index Price or the PVC Resin Price is less than ninety five percent (95%) of the Reference Price for such commodity on the day such commodity is purchased by Contractor for the Work; and/or (b) a price increase to Contractor for the quantities of Copper, ($9,000) DocuSign Envelope ID: 94F678F5-D65D-46A3-BD42-196B327FB50F DME Hickory GIS Substation Beta Ref. No. B661-L001 March 7, 2022 Page 2 Steel and PVC Resin, if the Steel Index Price, the Cooper Index Price or the PVC Resin Price is greater than one hundred and five percent (105%) of the Reference Price on the day such commodity is purchased by Contractor for the Work. The Section 5.3(b)(6) Change Order shall be for the quantity of the commodity purchased (Copper, Steel or PVC Resin) multiplied by the difference between the Adjusted Reference Price and applicable Steel Index Price, Copper Index Price or PVC Resin Price. Contractor shall provide commercially reasonable documentation to Owner documenting the basis for the Commodity Price Change Order associated with each requested Change Order."" ""“Reference Price” means $4.74/lb for Copper, $1,330/ton for PVC Resin and $1,919/ton for Steel."" Based on Reference Price for copper of $4.74 per lb, the Adjusted Reference Price is $4.503 per lb. For the 138kV transmission cable, Beta's purchase order was based on a copper price of $4.4659 per lb (please refer to the attached quote). Per the atached clarifications, the cable price per foot is adjusted based on fluctuations in the cost of copper as follows: FP = BP - {Wtcu * (CPBid - CPOrder)} - {Wtal * (APBid - APOrder)} where FP is Final Adjusted Price [$/ft] BP is Bid Price [$/ft] Wtcu is Amount of Copper used in the cable construction [lbs/ft] CPBid is Copper Price base in the quotation [$/lb] CPOrder is Copper price COMEX as per the hedge contract for the delivery month [$/lb] Wtal is Amount of Aluminum used in the cable construction [lbs/ft] APBid is Aluminum price base in the quotation [$/lb] APOrder is Aluminum Mid-West U.S. Transaction price as per the hedge contract for the delivery month [$/lb] Beta's purchase of 138kV cable was on a Bid Price of $155.68/ft The Final Adjusted Price at $4.503/lb is $156.3605/ft This results in a cost savings of $8,846 which will be credited back to DME as the Commodity Price Change Order." DocuSign Envelope ID: 94F678F5-D65D-46A3-BD42-196B327FB50F DME Hickory GIS Substation Beta Ref. No. B661-L001 March 7, 2022 Page 3 A3 "Per DME's direction given via Brian Ehsani email on 6/8/22 and subsequent meetings, Beta is proceeding with modifications to the single line diagrams (SOL and ROL drawings), panel elevations BOM drawings, and three line (TL and PT) drawings detailed in Brian's email. In addition, Beta will include two new ROL sheets that reflect only the MOD controls per B&V's comments to Engineering Submittal #2. These modifications will consist of rearranging the breaker numbering and bay positions on the one-lines and three-line diagrams to reflect the physical arrangement of the GIS to ensure optimum functionality for DME's operations team. This change will also require appropriately rearranging the protection and control relaying to accurately reflect the new arrangement of the bays. The panel elevation BOM drawings will be updated to reflect DME's ring bus standard where the breaker panel protects the descending asset. The additional hours for these modifications are as follows: Technician II – 66 hours Engineer III – 74 hours Engineer V – 42 hours" $22,000 B. Items to be listed as “Optional” in the Contract Amendment – The following items shall be listed as “Optional” items in the Contract Amendment. These items would not be incorporated Beta’s scope until accepted by DME. These optional items are valid for acceptance through April 3, 2022. Item Description Price B1 The Beta-purchased SPX transformers GT-06111 and GT-06112 shall be delivered to the McKinney Substation Site or Underwood Substation Site. Transformers shall be assembled and tested by Manufacturer under supervision by Beta. High/Medium voltage connections and control wiring to be installed and tested by others. $0 B2 Owner-Supplied transformers GT-01950 and GT-02289 shall be disassembled and relocated to the new Hickory GIS Substation by DME. Reassembly, testing, and pre-commissioning of Owner-Supplied transformers at new Hickory GIS Site shall be performed by DME. Any additional work performed by Beta to complete integration of Owner- Supplied transformers to the new Hickory GIS Substation shall be subject to a 3-year warranty period. $0 DocuSign Envelope ID: 94F678F5-D65D-46A3-BD42-196B327FB50F DME Hickory GIS Substation Beta Ref. No. B661-L001 March 7, 2022 Page 4 Item Description Price B3 Owner-Supplied transformers GT-01950 and GT-02289 shall be disassembled and relocated to the new Hickory GIS Substation by Beta. Reassembly, testing, and pre-commissioning of Owner-Supplied transformers at new Hickory GIS Site shall be performed by Beta. This work shall be subject to a 1-year warranty. Any additional work performed by Beta to complete integration of Owner- Supplied transformers to the new Hickory GIS Substation shall be subject to a 3-year warranty period. Owner supplied transformers shall be subject to section 2.20 “Owner-Supplied Equipment” and related Section 2.13 “ Care, Custody and Control/Risk of Loss” shown in the Design Build Agreement. $372,000 B4 Per Siemens Energy quote and technical exceptions, the GIS equipment located inside the GIS Equipment Room is rated for a maximum temperature of 40 C. Based on our discussions, HVAC in the GIS Equipment Room had been previously considered but was removed from the project scope as unecessary. Kirkpatrick Architecture Services has determined that an additional 60 tons of cooling capacity would be required to maintain a temperature of 85 F in the GIS Equipment Room. Five (5) 15-ton Bard Wall mount units are proposed with one (1) unit acting as a spare. This proposal is for the addition of the five (5) 15-ton Bard wall mount units, and associated GIS building electrical modifications, per the attached quote. No additional substation modification will be required for this addition. There is an estimated schedule impact of 2 weeks for revisions to the GIS Building construction drawings. There is a 30-week lead time for the additional A/C units and 2 weeks required for installation. $426,000 Please issue a letter confirming acceptance of the “A” items included in this request and indication of the “B” items Beta should proceed with. We will add a single Milestone Payment for the “A” items. This Milestone Payment” would be called “Change Order No. 1 – Commodity Change Order and Drawing Updates”. We anticipate invoicing for 100% of this milestone in August 2022. If you would like Beta to proceed with option B3, I would suggest the addition of a single Milestone Payment. Milestone Payment would be called “Changes Order No. 1 – Owner-Supplied Transformer Relocation”. We anticipate invoicing for 100% of this milestone in February 2023, following the testing, disassembly, relocation, reassembly. DocuSign Envelope ID: 94F678F5-D65D-46A3-BD42-196B327FB50F DME Hickory GIS Substation Beta Ref. No. B661-L001 March 7, 2022 Page 5 If you would like Beta to proceed with option B4, I would suggest the addition of a single Milestone Payment. Milestone Payment would be called “Changes Order No. 1 – GIS Equipment Room AC Addition”. We anticipate invoicing for 100% of this milestone in June 2023, following the installation of AC Units in the GIS Equipment Room. Upon receipt of your response, I will prepare and submit the Change Order Form in accordance with Article V of the Design Build Agreement. Please call me if you have any questions. Sincerely, Jeremy Katusak, PE, PMP Project Manager DocuSign Envelope ID: 94F678F5-D65D-46A3-BD42-196B327FB50F DocuSign Envelope ID: 94F678F5-D65D-46A3-BD42-196B327FB50F Executive Vice PresidentGeorge Brashear Senior Buyer Christa Christian THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. _______________ ________________ SIGNATURE PRINTED NAME __________________________________ TITLE __________________________________ DEPARTMENT CITY OF DENTON, TEXAS BY: _____________________________ SARA HENSLEY CITY MANAGER ATTEST: ROSA RIOS, CITY SECRETARY BY: _______________________________ APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY: _______________________________ DocuSign Envelope ID: 94F678F5-D65D-46A3-BD42-196B327FB50F DME General Manager Antonio Puente Electric Certificate Of Completion Envelope Id: 94F678F5D65D46A3BD42196B327FB50F Status: Completed Subject: Please DocuSign: City Council Contract 7670 - Change Order 1 Source Envelope: Document Pages: 8 Signatures: 5 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: 198.49.140.104 Record Tracking Status: Original 7/15/2022 11:20:34 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: 198.49.140.104 Sent: 7/15/2022 11:29:40 AM Viewed: 7/15/2022 11:29:52 AM Signed: 7/15/2022 11:30:19 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Tabitha Millsop tabitha.millsop@cityofdenton.com Assistant Purchasing Manager City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Sent: 7/15/2022 11:30:21 AM Viewed: 7/18/2022 4:39:18 PM Signed: 7/18/2022 4:39:23 PM 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) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 7/18/2022 4:39:25 PM Viewed: 7/20/2022 2:28:45 PM Signed: 7/20/2022 2:30:00 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign George Brashear george.brashear@betaengineering.com Executive Vice President Beta Engineering, LLC Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 76.88.4.158 Sent: 7/20/2022 2:30:02 PM Viewed: 7/20/2022 3:07:31 PM Signed: 7/20/2022 3:46:06 PM Electronic Record and Signature Disclosure: Accepted: 7/20/2022 3:07:31 PM ID: 335582d1-8563-4409-9160-fc4ab365bafb Signer Events Signature Timestamp 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: 7/20/2022 3:46:09 PM Viewed: 7/20/2022 4:02:23 PM Signed: 7/20/2022 4:08:14 PM Electronic Record and Signature Disclosure: Accepted: 7/20/2022 4:02:23 PM ID: bf8d1957-5603-4089-8914-6655971aac7f Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 198.49.140.10 Sent: 7/20/2022 4:08:17 PM Viewed: 8/17/2022 8:25:01 AM Signed: 8/17/2022 8:25:17 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign 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: 8/17/2022 8:25:20 AM Viewed: 8/17/2022 8:26:31 AM Signed: 8/17/2022 8:26:34 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Rosa Rios rosa.rios@cityofdenton.com City Secretary Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 8/17/2022 8:26:36 AM Viewed: 8/17/2022 1:35:56 PM Signed: 8/17/2022 1:37:27 PM Electronic Record and Signature Disclosure: Accepted: 8/17/2022 1:35:56 PM ID: 13d5b5c5-0c34-43e9-8926-f9e57ed87447 In Person Signer Events Signature Timestamp 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 Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication (None) Sent: 7/15/2022 11:30:21 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Carbon Copy Events Status Timestamp Gretna Jones gretna.jones@cityofdenton.com Legal Secretary City of Denton Security Level: Email, Account Authentication (None) Sent: 7/20/2022 4:08:16 PM Viewed: 7/20/2022 4:16:09 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign City Secretary Office citysecretary@cityofdenton.com Security Level: Email, Account Authentication (None) Sent: 8/17/2022 1:37:30 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Mark Zimmerer mark.zimmerer@cityofdenton.com Electric Engineering Supervisor Security Level: Email, Account Authentication (None) Sent: 8/17/2022 1:37:32 PM Electronic Record and Signature Disclosure: Accepted: 7/18/2022 1:28:41 PM ID: 79c223f8-d900-4558-9eb9-21104dba1e4e Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 7/15/2022 11:29:40 AM Certified Delivered Security Checked 8/17/2022 1:35:56 PM Signing Complete 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