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HomeMy WebLinkAbout24-2228ORDINANCE NO. 24-2228 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL CORPORATION, AUTHORIZ[NG THE APPROVAL OF CHANGE ORDER NO. 7 TO THE DESIGN-BUILD AGREEMENT BETWEEN THE CITY OF DENTON AND BETA ENG[NEERING, LLC, FOR THE DESIGN AND CONSTRUCTION OF THE HICKORY GAS INSULATED SUBSTATION FOR DENTON MUNiCIPAL ELECTRIC; PROVID[NG FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFQ 7670 – CHANGE ORDER NO. 7, 1N THE NOT-TO-EXCEED AMOUNT OF $ 1,087,043.85, FOR A TOTAL CONTRACT AWARD AGGREGATED TO $43,389, 120.11). WHEREAS, on December 14, 202 1 , by Ordinance No. 2 1-2701, 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 §8 11,000.00; 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, on October 22, 2024, City Council awarded a Change Order No. 6 to Beta Engineering, LLC, in the amount of $750,934.78; 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. 7, 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 One Million Eighty-Seven Thousand Forty-Three and 85/100 ($1,087,043.85) 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 $43,389, 120.11. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by Joe Holland and seconded by Brian Beck. This ordinance was passed and approved by the following vote [4 - 3] : Aye Nay Abstain Absent Mayor Gerard Hudspeth:X Vicki Byrd, District 1 :X XBrian Beck, District 2: Paul Meltzer. District 3 :X Joe Holland, District 4:X XBrandon Chase McGee, At Large Place 5: Jill Jester, At Large Place 6:X PASSED AND APPROVED this the 19th day of November, 2024. MnD ATTEST: LAUREN THODEN, CITY SECRETARY .*:dll„I„ J)ud--, APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY: Docusign Envelope ID: 38219E4A-37FE494A-A610-6F853FD54F38 DENTON Docusign City Council Transmittal Coversheet 7670 File Name HICKORY GIS SUBSTATION , Purchasing Contact CrYst'1 Westb''Qk City C,,„,iI T„g,t D,t, ~ o“="'=- 19’ 2024 Piggy Back Option NO Contract Expiration Ordinance N/A 24-2228 Dowsign Envelope ID: 38219E4A-37FE+94A-A61C>6F853FD54F38 DME Hickory GIS Substation September 1 7, 2024 BmA Beta Engineering aHnHHi!rEfSPa 318.497.9599 betaengineeHng.com Septanber 17, 2024 Dmton Municipal Electric 1671 Spencer Road Dalton, TX 76205 Attn: Mr. Mark Zimmerer, PE Subject: City of Dalton Hickory GIS Substation Project Beta Project No. B661 Dear Mark, This letter serves as a formal request for a Contract Amendmmt to incorporate scope changes in the Design Build Agreement for the Construction of the Hickory GIS Substation dated Decmber 1461, 2021. The additional scope itms have been separated into three categories as follows: A. Items to be Included in the Contract Amendment – Beta requests a Contract Amardmmt to incorporate the following scope changes as soon as possible so that these itms can be incorporated in the project without delay. Item Southwire Riser Pole Delay Description PrIce The explanation of the change order: 13 days of lost terminatIon work @ $23,326.00 per day $303,238.00 6 days of lost termination work for extra labor @$23,326.OO per day $139,956.oa ApproxImately 440 hours of Idle Equipment $118,0CH.06 8 Weather Days Al $617,317.87 mSoe Attached File for DetaIled Breakdown Docusign Envelope ID: 38219E4A-37FEJ+94A-A61C>6F853FD&+F38 DME Hickory GIS Substation Septemknr 17, 2024 Item 1 Description HK 221/223 South Exploratory Work – Phase 2 Price The explanation of the change order nIIS change order covers the estImated costs for KCI to cut BonnIe Brae and HIckory St. accordIng to the bore lrofile, to verify depths and underground utIIIties. he proposed NTE cost Includes the following: .(20) days of Hydro ExcavatIon -thIs oost could fluctuate based on actual usage. If KCI uses less than (20) days, a yedtt wHI be given, if KCI uses more than (20) days, the below prIcing will be charged at a day rate fu each day lver (20) days. (3) days to sawcut, remove and dispose of asphalt In the event the cnent does not wish to proceed with the bore after the ocploratlon of the second area, the client rjII receIve an additional change order to restore everything as it was. .Line 3 prIcing is to restore the origInal bore path. This price Includes the followIng: :5) Man Crew 1) SkId Steer 1) Trench Roller 1) Jumping Jack 1) Mini Excavator 1) Loader [25) Road Plates for a 2 month rental untII Ka can asphalt the entire area at once for a cost savings to the lent 1) Asphalt remediation ;trlping ,20) CY of Flowable Hgnage and BarrIcade Extension City Water Department has agreed to supply backfSII rnaterial A2 $218,979.67 A) HK 221/223 South Exploratory Work Area 2- $126,557.52 B) Backflll and Repair of Original Expk>ratay Run Area 1- $92,422.15 Docusign Envelope ID: 38219E4A-37FE491A.A610€F853FD54F38 DME HIckory GIS SubstatIon September 1 7, 2024 Item I Dncription CT Conduit on 3 Riser Poles, CT Management Box Price Itnstallation of the cr conduit on the 3 riser poles. Time will take approximately 1 'eek per pole with 5-man crew, two men in basket, foreman and two-man ground lrew. Price is broken into material and labor to install conduit and labor to install and nIe explanation of the change order: ’ire CT’s. A3 $166,259.56 • Conduit work Materials no taxes - $28,770.00 Labor and Equipment - $1 (A,938.00 Install CT’s and wire CT’s Labor and Equipment - $21,475.70 - cr Managmmt Box - $11,075.82 Item Description Price 15 KV Removal • • • Mobilize to job site Cut asphalt to amess manhole in Intersection of Bonnie Brae and Oak Street Remove riser on P#7827 and pull out mblo from F#7827 to old substation including entering 2manho1% to cut cable Feeder 5A4• • Repair asphalt over manhole $81,036.13 Removo riser on P#1885 and pull out cable from F#1885 to old substation IncludIng enterIng 2manholes to cut M)Ie Feeder 6 •Remove riser on P#7812 and pull out cable fR)m F#7842 to old substation Feeder 3 •Remove riser on P#4438 and pull out cable fromP#4438 to old substation Feeder 4 •R8move rIser on P#5 and pull out ablo from P#5 toold substation Feeder 1 e Remove able from pull boxn in new substation to old substation. Riser run already removed by DME Feeder 2 @ Remove able from old substation to switchgear west of old substation Feeder 8 •Remove able from old substation to undor build on transmission structure west of old substation Feeder 7 Docusign Envelope ID: 38219E4A-37FE49tA-A61C>6F853FD&+F38 DME Hickory GIS Substation September 1 7, 2024 Item 1 Description mhdary Swvice init;II for Service Station Price Pick up pole at DME Coordinate hand diggers to dig new pole hole Set new pole Transfer electrical contacts A5 Remove old pole $3,450.62 Dowsign Envelope ID: 38219E4A-37FE491A-A61C>€F853FD5+F38 DME Hickory GIS Substation September 17, 2024 UII:UH=!!!:=::A;inEIT and submIt tbc caBe Ir er Form in accordAnce wU I Please call me if you have any questions. J„- I-Z;:: }re=;:X7;c:ae£u Docusign Envelope ID: 38219E4A-37FE494A-A61@6F853FD54F38 EXHHBrrB EQMLQLQHAWLQRDER CHANGE ORDER NO. 7 9/17/2024 In accordance with Article V of that certain Engineering, Procurement and Construction Agreement, dated Decmber 14, 2021 (the " Agreement"), between Beta Engineering, LLC ("Contractor") and City of Denton ("Owner"), Contractor and Owner agree as follows: Description of Change: Al. Southwire Riser Pole Delay Original Contract Price Previous Change Orders Amount of this Change Order New Contract Price $ 40.469,000.00 Sl,833,076.26 $ 1.087,043,85 $ 43,389, 120,11 This Change Order will modify the Contract Completion Date as follows: Increase _____Decrease V 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. Sara Hensley Printed Name: . . . . . . . . . Its: 11/20/2024 Its: Docusign Envelope ID: 38219E4A-37FE494A-A6104F853FD54F38 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 .Antonlo Puente, Ir PRINTED NAMESIGNATURE DME Genera1 Manager TITLE E1 ectr1 c DEPARTMENT APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY [X>cuSign Certificate Of Completion Envelope Id: 38219E4A37FE494AA61 06F853FD54F38 Subject: Please DocuSign: City Council Contract 7670 Change Order 7 Source Envelope Status: Completed Document Pages: 8 Certificate Pages: 6 AutoNav: Enabled Signatures: 4 Initials: 1 Envelope Originator: Crystal Westbrook Envelopeld StampIng: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 901B Texas Street Denton, TX 76209 crystal.westbrook@cityofdenton.com IP Address: 198.49.140.10 Record Tracking Status: Original 10/28/2024 1 :50:05 PM Holder: Crystal Westbrook crystal.westbrook@cityofdenton.com Location: DocuSig n Signer Events Crystal Westbrook crystal.westbrook@cityofdenton.com Senior Buyer City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Signature Timestamp Sent: 10/28/2024 1:53:51 PM Viewed: 10/28/2024 1 :54:02 PM Signed: 10/28/2024 1 :54:26 PM 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: 10/28/2024 1:54:28 PM Viewed: 10/28/2024 2:44:26 PM Signed: 10/28/2024 2:45:21 PM 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) 'DocuSlgned bF IMArdhMw ,4B070831B4AA438 Sent: 10/28/2024 2:45:22 PM Viewed: 10/30/2024 1 :06:30 PM Signed: 10/30/2024 1 :07:30 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 Denton Municipal Electric Security Level: Email, Account Authentication (None) Sent: 10/30/2024 1 :07:32 PM Viewed: 10/30/2024 1 :30:15 PM Signed: 10/30/2024 1 :30:31 PM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure: Accepted: 10/30/2024 1 :30:15 PM ID: 21a4166b-8aOd4313-a31c-f1 ade69654bf 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: 10/30/2024 1 :30:34 PM Viewed: 10/30/2024 7:50:04 PM Signed: 11/20/2024 10:02:52 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: 11/20/2024 10:02:54 AM Viewed: 11/20/2024 10:05:05 AM Signed: 11/20/2024 11 :53:28 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: 11/20/2024 1 1:53:31 AM Viewed: 11/20/2024 1 :37:02 PM Signed: 11/20/2024 1 :38:01 PM 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 Timestamp Certified Delivery Events Status Status Timestamp Carbon Copy Events Timestamp Sent: 10/28/2024 1:M:28 PM Viewed: 11/20/2024 6:53:23 PM 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 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: 10/30/2024 1 :30:33 PM Viewed: 10/30/2024 1 :58:13 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: 11/20/2024 1:38:03 PM Viewed: 11/20/2024 5:48:30 PM Mark Zimmerer mark.zimmerer@cityofdenton.com Electric Engineering Supervisor Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 11/12/2024 7:37:52 PM ID: 83ac2bb2-3a14-4218-b7aa-213d23b414c3 Sent: 11/20/2024 1 :38:04 PM Viewed: 11/20/2024 1 :42:35 PM Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Envelope Sent Certified Delivered Signing Complete Completed Status Timestamps 10/28/2024 1 :53:51 PM 11/20/2024 1 :37:02 PM 11/20/2024 1 :38:01 PM 11/20/2024 1 :38:04 PM 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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