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HomeMy WebLinkAbout24-2080ORDINANCE NO. 24-2080 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL CORPORATION, AUTHORIZING THE APPROVAL OF CHANGE ORDER NO. 6 TO THE DESIGN-BUILD AGREEMENT BETWEEN THE CITY OF DENTON AND BETA ENGINEERING, LLC, FOR THE DESIGN AND CONSTRUCTION OF THE HICKORY GAS INSULATED SUBSTATION FOR DENTON MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFQ 7670 – CHANGE ORDER NO. 6, 1N THE NOT-TO-EXCEED AMOUNT OF $750,934.78, FOR A TOTAL CONTRACT AWARD AGGREGATED TO $42,302,076.26). WHEREAS, on December 14, 202 1 , by Ordinance No. 21-270 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, on July 16, 2024, City Council awarded a Change Order No. 5 to Beta Engineering, LLC, in the amount of $248,569.09; 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 ORDA INS : SECTION 1. Change Order No. 6, 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 Seven Hundred Fifty Thousand Nine Hundred Thirty-Four and 78/100 ($750,934.78) 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 $42,302,076.26. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by Jill Jester and seconded by Brian Beck. This ordinance was passed and approved by the following vote [ 7 - o ] : 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: X X X X X X X PASSED AND APPROVED this the 22nd day of October, 2024. GERARD HUDSPETH, MAYOR ATTEST: LAUREN THODEN, CITY SECRETARY .„: APPROVED AS TO LEGAL FORM: MACK RErNWAND, CITY ATTORNEY BY:)r£aLOcdd&LLcyou Docusign Envelope ID: FB302AC5-2D72-4267-A748-B49A467675C8 DENTON Docusign City Council Transmittal Coversheet 7670RFP File Name Hickory GIS Substation, Change Order 6 Pur,h„i,gC,„t„t c h':;'; c h':;=';' City Council Target Date OCTOBER 22’ 2024 Piggy Back Option NO Contract Expiration Ordinance N/A ZhI -LUC)V Docusign Envelope ID: FB302AC$2D72-+267-A748-B+9A467675C8 DME H}ckory GIS Substation July 25, 2024 BETA Beta Engineering 47 i?,T:iI::Tillya318487.9599 betaengineering.com July 25, 2024 Dalton Municipal Electric 1671 Spencu Road Denton, TX 76205 Atta: Mr. Mark Zimmer% PE Subject: City of Denton Hickory GIS Substation Project Beta Project No. B661 Dear Mark This letter swves as a formal request for a Contract Amendmart to incorporate scope changes in the Design Build Agremrent for the Construction of the Hickory GIS Substation dated Decanb@ 14th, 2021. The additional scope items have bem separated into three categories as follows: A. Items to be Ineluded in the Contract Amendment – Beta requests a Contract Amaldment to incorporate the following scope changes as soon as possible so that these items can be incorporated in the project without delay. Item ! Description HK 221/223 South Exploratory Work Price This change order covers the estimated costs to cut Bonnie Brae and Hickory St. according to the bore profile, to verify depths and underground utilities. ' The proposed NTE cost includes the following: - (20) days of Hydro Excavation - this cost could fluctuate based on actual usage. If Beta Cs& legs thari (20) days, a credit will be given, if Beta uses more than (20) days, the pricing will be charged at a day rate for each day over (20) days Al $ 126,557.52 - (3) days to sawcut, remove and dispose of asphalt - in the event the client does not wish to proc%d with the bore after the exploration, the client will receive an additIonal charlje order to restore everything as it was. Docusign Envelope ID: FB302AC&2D724267-A748-&+9A467675C8 DME Hickory GIS Substation July 25, 2024 Access Control System Scope of Work: This proposal is based on our review of the Drawings prepared by CRUX, marked PR#4, dated &25-2024 and For Review, dated G18-2024. Drawings prepared by Kirkpabick, El.OW and EO.IB, marked PR #4, dated 6-25-2024. A2 Our scope includes furnishing and installation of access controls and video surveillance components, network switches, CAT 6 cabling, fiber optic cabling, low voltage power supplies, conduit, junction boxes and miscellaneous mounting hardware. All fiber wiN run to communication room 104 and will terminate and connect to network switch provided by the city of Denton for the connection to their existing Genetec system. $629,461.80 The access40ntrolled gates wII be triggered to open by the access control system signaling the gate controller. However, the drawings do not include free egress controls to open the gates to exit. We have included an alternate proposal to provide surface mounted loop detectors at the two east gates for exiting. Proposal includes, engineering drawings, product data submittals, permits, programming, testing and commIssioning. Clarifications and ucluslons: The acceptance of this proposal is not to effect or delay in any way the payment or retainage from the original contract. Drawing El.OW have been priced based on changes discussed in several previous meetings and emails. (Only conduits for cameras and access control to be run all the way around the interior of screen wall. Power to be provided as needed to the access control, camera, and wall lights, through the 4" conduit at each gate. By others) (No 2" electrical conduIt looping the interior of the GIS building, 2- data conduit only) Add free egress at the two east gates, so that a vehicle just pulls up to the gate and it opens (without a card reader or a toll tagreader) This includes, trenching, an exit loop, loop detector in an outdoor-rated enclosure, and connection to the NEMA enclosure. Docusign Envelope ID: FB302AC&2D724267-A748-B+9A467675C8 DME Hickory GIS Substation July 25, 2024 60Ft Wooden Poles DME to provide the following as deductive change adm to Bet& 14’ tangart 6buglass arms (Maclean) X2 160’ Class 1 Wood Pole X2 A3 ($5084.54) Upon receipt of your response, I will prepare and submit the Change Ordu Form in accordance with Article V of the Design Build Agreement. Please call me if you have any questions. HTax Project Managa Docusign Envelope ID: FB302AC&2D724267-A748-B49A467675C8 EXHIBITB FORM OF CHANGE ORDER CHANGE ORDER NO. 6 7/25/2024 In accordance with Article V of that certain Engineering, Procuremmt and Construction Agreement, dated December 14, 2021 (the " Agreement"), between Beta Engineering, LLC ("Contractor") and City of Denton ("Owner11), Contractor and Owner agree as follows: Description of Change: Al. HK 221/223 South Exploratory Work A2. Access Control System A3. 608 Wooden Pole and accessories Original Contract Price Previous Change Orders Amount of this Change Order New Contract Price $ 40.469.000.oo $1,082.141.4$ $ 750.934.78 $ 42,302,076.26 This Change Order will modify the Contract Completion Date as follows: Increase _____Decrease A No Effect _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. 'y Contractor Printed Name:Sara Hens1 ey Printed Name: . . . . . . . . . . . , . . . . .-. It„ ...I////&q.10/23/2024Its: Docusign Envelope ID: FB302AC5-2D72-4267-A748-B49A467675C8 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 da&heR, CbWeb 'DocuSigned by: Jr. Antonlo Puente , J PRINTED NAME BY: DME Genera1 Manager TITLE Electr1 c DEPARTMENT APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY [kx:uSign Certificate Of Completion Envelope Id: FB302AC52D724267A748B49A467675C8 Subject: Please DocuSign: City Council Contract 7670 Hickory GIS Substation, Change Order 6 Status: Completed Source Envelope: Document Pages: 6 Certificate Pages: 6 Signatures: 4 Initials: 1 Envelope Originator: AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) Christa Christian 901 B Texas Street Denton, TX 76209 Chrtsta.Christian@cityofdenton.com IP Address: 198.49.140.10 Record Tracking Status: Original 9/1 1/2024 9:06:10 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: 9/1 1/2024 9:07:50 AM Viewed: 9/1 1/2024 9:08:01 AM Signed: 9/1 1/2024 9:08:12 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: 9/1 1/2024 9:08:15 AM Viewed: 9/12/2024 8:04:52 AM Signed: 9/12/2024 8:04:59 AM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Electronic Record and Signature Disclosure: Not Offered via DocuSign Marcella Lunn marcella.lunn@cityofdenton.com Senior Deputy City Attorney City of Denton Security Level: Email, Account Authentication (None) 'DocuSigned by: I MArataMIL ,4B070831B4AA438 Sent: 9/12/2024 8:05:02 AM Viewed: 9/12/2024 1:18:22 PM Signed: 9/12/2024 1:19: 15 PM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure: Not Offered via DocuSign Antonio Puente, Jr. Antonio.Puente@cityofdenton,com DME General Manager Security Level: Email, Account Authentication (None) Ihlohio puxttj }. E3760944C2BF4B5. Sent: 9/12/2024 1:19:17 PM Viewed: 9/12/2024 1 :34:05 PM Signed: 9/1 2/2024 1 :34:45 PM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure: Accepted: 9/1 2/2024 1 :34:04 PM ID: d733068e-c527-481 6-96cc-ca6a8cad04a6 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: 9/12/2024 1 :34:48 PM Viewed: 10/23/2024 9:02:37 AM Signed: 10/23/2024 9:03:12 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: 10/23/2024 9:03:15 AM Viewed: 10/23/2024 9:10:40 AM Signed: 10/23/2024 9:10:53 AM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure: Not Offered via DocuSign Lauren Thoden lauren.thoden@cityofdenton.com City Secretary Security Level: Email, Account Authentication (None) Sent: 10/23/2024 9:10:56 AM Viewed: 10/23/2024 10:17:42 AM Signed: 10/23/2024 10:17:52 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 Timestamp Editor Delivery Events Status 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: 9/1 1/2024 9:08:15 AM Viewed: 10/23/2024 10:34:12 AM 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: 9/12/2024 1 :34:48 PM Viewed: 9/1 3/2024 4:24:16 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: 10/23/2024 10:17:54 AM Viewed: 10/23/2024 1 :49:53 PM Mark Zimmerer mark.zimmerer@cityofdenton.com Electric Engineering Supervisor Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted : 10/21/2024 8:25:29 AM ID: 274364dl-21094a71 -9d3c-3036c587bcc1 Sent: 10/23/2024 10:17:55 AM Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Envelope Sent Certified Delivered Signing Complete Completed Status Timestamps 9/1 1/2024 9:07:51 AM 10/23/2024 10:17:42 AM 10/23/2024 10:17:52 AM 10/23/2024 10:17:55 AM Hashed/Encrypted Security Checked Security Checked Security Checked 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: Antonio Puente, Jr., Mark Zimmerer 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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