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Home My WebLink About24-1344ORDINANCE 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 Docusign Envelope ID: D36C86C6-A9C2-+333-BB2E-7665C7EDF640 DENTON Docusign City Council Transmittal Coversheet 7670 File Name VickorY Substation ,GIS PurchasingContact ch'1;t’ ch’i;t City Council Target Date JULY 16’ 2024 Piggy Back Option Contract Expiration Ordinance Change Order 1 an RFP NO N/A 24-1344 Dowsign Envelope ID: D36C86C&A9C2433:>BB2E-7665C7EDF640 DME Hickory GIS Substation June 10, 2024 Page 2 BETA Beta Engineering 47}} IIiiI=Tjl}Bgev"l?8t£Zig;; betaengineering.com June 30, 2022 Denton Municipal Electric 1671 Spencu Road Denton, TX 76205 Attn: Mr. Mark Zirnrnerer, 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 Amardmart to incorporate scope changes in the Desip1 Build Agreanmt for the Construction of the Hickory GIS Substation dated Decanbm 14th, 2021. The additional scope items have been separated into three categories as follows: A. Items to be Included iR the Contract Amendment – Beta requests a Contract Ammdment to incorporate the following scope changes as soon as possible so that these itans can be incorporated in the project without delay. Item 1 Description > Price Labor & Equipmalt (3) days '(1) Operator Skid Steer Hydrovac Trailer Walk Behind Trenchw (1) Pusher (2) Skilled Laborer Al $ 16,691.07 Docusign Envelope ID: D36C86CGA9C2433&BB2E-7665C7EDFM0 DME Hickory GIS Substation June 10, 2024 Page 3 HK 221, HK 223, and HK 232 South Conduit runs .dditional Soope of Work: .Demolition of additional asphalt, sidewalk & curb .Installation of Curb for approx. 102 LF -Installation of Sidewalk & Ramps approx. 102 LF -Additional Asphalt approx. 102 LF -Additional Demolition & Haul off of AsphaltA2 $ 157,193.52 'Slowed production due to working in the street .Additional Flowable Fill -original bid included 178 cy and the new route ncludes 468 cy in addition to concrete pricing escalation. -Additional time for excavation to dig 10' 10l' deep x 48" wide pm the IFC ofile Anti-Graffiti Wall Covering for Exterior Screen Wall per DME request Sherwin Williams Anti..Graffiti IK siloxane to the exterior of the saeen wall. A3 874,684.50 Upon receipt of your response, I will prepare and submit the Change Order Form in accordance with Article V of the Design Build Agmmrent. t Please call me if you have any questions. Project Manager Dowsign Envelope ID: D36C86C&A9C2433&BB2E-7665C7EDF640 EXHIBITB FORM OF (,' FLANGE ORDER In accordance with Article V of that certain Engineering, Procurement and Construction Agreement, dated December 14, 2021 (the " Agreement"), between Beta Engineering, LLC ("Contractor") and City of Denton (110wner"), Contractor and Owner agree as follows: Description of Change: Al. Extra 486. conduit run around neighboring Apartment complex A2. Extra work associated with HK 221, HK 223, md HK 232 South Conduit runs A3. Anti-Graffiti Wall Covering for Exterior Screen Wall per DME request Original Contract Price Previous Change Orders Amount of this Change Order New Contract Price $ 40-469-000.00 $833,572.39 $ 248.569.09 $ 41.551.141.48 This Change Order will modify the Contract Completion Date as follows: Id By ClAl Increase _____Decrease No Effect X _Calendar Days Capitalized terms used and not defined herein shall have the meaning set forth in the Agreement. Except as modified hereby, the Agreement shall remain in full force and effect and unmodified. Accep By: Its Printed Name: . ?:T . PEjlIIFT Its:I/.&/A\\. . . . . . 1 1\1 /2024 Docusign Envelope ID: D36C86C6-A9C2-+333-BB2E-7665C7EDF640 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and ay first above written. THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. ATTEST: LAUREN THODEN, CITY SECRETARY Terrance Nau1 ty PRINTED NAME Asst. GM Denton Municipa1 Electr1 c TITLE Denton Muni cipa1 Electrl c DEPARTMENT APPROVED AS TO LEGAL FORM: MACK RETNWAND, CITY ATTORNEY tAn,IIL A4 SAh4M) 11 [Xx;uSign Certificate Of Completion Envelope Id: D36C86C6A9C24333BB2E7665C7EDF640 Subject: Please DocuSign: City Council Contract 7670 Hickory GIS Substation, Change Order 5 Source Envelope: Document Pages: 5 Status: Completed Signatures: 4 Certificate Pages: 6 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) Initials: 1 Envelope Originator: Christa Christian 901 B Texas Street Denton, TX 76209 Christa.Christian@cityofdenton.com IP Address: 198.49.140.10 Record Tracking Status: Original 7/2/2024 11:17:42 AM Holder Christa Christian Christa.Christian@cityofdenton.com Location: DocuSign Signer Events Christa Christian christa.christian@cityofdenton.com Purchasing Supervisor City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Signature Timestamp Sent: 7/2/2024 1 1 :21 :09 AM Viewed: 7/2/2024 11 :21 :17 AM Signed: 7/2/2024 11 :21 :30 AM 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: 7/2/2024 1 1 :21 :32 AM Viewed: 7/2/2024 11 :M:02 AM Signed: 7/2/2024 1 1 :54:14 AM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure: Not Offered via DocuSign Benjamin N. Samples, II Benjamin.Samples@cityofdenton.com Security Level: Email, Account Authentication (None) 'DocuSlgn•d by: IIu:Mk# Smrtu) if Sent: 7/2/2024 1 1 :M:16 AM Viewed: 7/2/2024 11 :55:23 AM Signed: 7/2/2024 1 1 :57:24 AM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure: Accepted: 7/2/2024 11 :55:23 AM ID: ef98d7c7-36124612-9024-af41 d7870452 Terrance Naulty Terrance.Naulty@cityofdenton.com Asst. GM Denton Municipal Electric City of Denton Security Level: Email, Account Authentication (None) 'DocuSigned by: ItmahbMfB8F331 381089478 Sent: 7/2/2024 1 1 :57:25 AM Resent: 7/2/2024 2:56:51 PM Viewed: 7/2/2024 2:58:25 PM Signed: 7/2/2024 3:00:03 PM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure: Not Offered via DocuSign Signer 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 Signature Timestamp Sent: 7/2/2024 3:00:05 PM Viewed: 7/1 7/2024 9:09:28 AM Signed: 7/17/2024 9:09:54 AM Completed Using IP Address: 198.49.140.10 Sara Hensley sara .hensley@cityofdenton.com City Manager City of Denton Security Level: Email, Account Authentication (None) Sent: 7/17/2024 9:09:55 AM Viewed: 7/1 7/2024 9:59:19 AM Signed: 7/17/2024 9:59:29 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 Lauren Thoden lauren.thoden@cityofdenton,corn City Secretary Security Level: Email, Account Authentication (None) Sent: 7/17/2024 9:59:30 AM Viewed: 7/1 7/2024 1 1:16:53 AM Signed: 7/17/2024 11:17:29 AM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Status Timestamp Editor Delivery Events Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Status Timestamp Certified Delivery Events Timestamp Carbon Copy Events Status Timestamp Sent: 7/2/2024 1 1 :21 :31 AMCheyenne 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 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 Sent: 7/2/2024 3:00:05 PM Viewed: 7/2/2024 3:18:28 PM Carbon Copy Events City Secretary Office citysecretary@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Status Timestamp Sent: 7/17/2024 11:17:30 AM Viewed: 7/17/2024 2:18:09 PM Mark Zimmerer mark.zimmerer@cityofdenton.com Electric Engineering Supervisor Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 6/28/2024 12:35:14 PM ID: 86efe65c-e67f4380-aca6-fa87063d585e Sent: 7/17/2024 11:17:31 AM Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps 7/2/2024 11:21 :09 AM 7/2/2024 2:56:51 PM 7/2/2024 2:56:51 PM 7/2/2024 2:56:51 PM 7/1 7/2024 11:16:53 AM 7/17/2024 11:17:29 AM 7/1 7/2024 11:17:31 AM Envelope Sent Envelope Updated Hashed/Encrypted Security Checked Security Checked Security Checked Security Checked Security Checked Security Checked Envelope Updated Envelope Updated Certified Delivered Signing Complete Completed 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: Benjamin N. 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