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24-1344 - 7670 -Change Order 5 Ordinance ExecutedORDINANCE NO. 24- 1 344 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL CORPORATION, AUTHORIZING THE APPROVAL OF CHANGE ORDER NO. 5 TO THE DESIGN-BUILD AGREEMENT BETWEEN THE CITY OF DENTON AND BETA ENG[NEERING, LLC, FOR THE DESIGN AND CONSTRUCTION OF THE HICKORY GAS rNSULATED SUBSTATION FOR DENTON MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFQ 7670 – CHANGE ORDER NO. 5 1N THE NOT-TO-EXCEED AMOUNT OF $248,569.09, FOR A TOTAL CONTRACT AWARD AGGREGATED TO $4 1,55 1,141.48). WHEREAS, on December 14, 202 1 , by Ordinance No. 2 1-270 1, the City Council awarded a contract to Beta Engineering, LLC, in the amount of $40,469,000 for the design and construction of the Hickory Gas Insulated Substation for Denton Municipal Electric; and WHEREAS, on August 16, 2022, City Council awarded a Change Order No. 1 to Beta Engineering, LLC, in the amount of $811,000.00; and WHEREAS, on May 12, 2023, Purchasing awarded a Change Order No. 2 to Beta Engineering, LLC; in the amount of $37,000.00; and WHEREAS, on September 14, 2023, Purchasing awarded a Change Order No. 3 to Beta Engineering, LLC, to reduce the contract in the amount of $1,325.61 ; and WHEREAS, on March 7, 2024, Purchasing awarded a Change Order No. 4 to Beta Engineering, LLC, to reduce the contract in the amount of $13,102.00; and WHEREAS, this procurement was undertaken as part of the City’s governmental function; and WHEREAS, the Staff having recommended, and the City Manager having recommended to the Council that a change order be authorized to amend such contract agreement with respect to the scope of work and an increase in the payment amount; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Change Order No. 5, increasing the amount of the contract between the City and Beta Engineering, LLC, which is on file in the office of the Purchasing Agent, in the amount of Two Hundred Forty-Eight Thousand Five Hundred Sixty-Nine and 09/100 ($248,569.09) dollars, is hereby approved and the expenditure of funds therefore is hereby authorized in accordance with said change order. The total purchase order amount increases to $41,551,14 1.48. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by J,' / 1 Je I+cr and seconded by ,JAr Hh } IcH a . This ordinance was passed and approved by the following vote U - n : Aye 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 : Jill Jester, At Large Place 6: ,/ ,/ ,/ b/ / a ./ P /IIIIL S S 1: 1:) Jref1LL ]X1 ]:) 111111\L P PR (LT) V ED this the iCt L day of JuN , 2024 ATTEST: LAUREN THODEN, CITY SECRETARY (IMAM abclbBY: APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY ,*'.au#aka &'. 54;y'44 dd