2017-056ORDINANCE 2017-056
AN ORDINANCE OF THE CITY OF DENTON,AUTHORIZING APPROVAL
OF A THIRD AMENDMENT TO A CONTRACTOF DENTONAND
BARCO CONSTRUCTION, INC. FOR UNDERGROUND ELECTRIC INSTALLATION
SERVICES WHICH WAS ORIGINALLY APPROVED BY COUNCIL ON SEPTEMBER 17,
2014 IN THE AMOUNT OF $4,837,484.10 WITH A FIRST AND SECOND AMENDMENT
PROVIDING FOR ADDITIONAL LINE ITEMS BUT NO CHANGE TO THE CONTRACT
AWARD AMOUNT APPROVED BY PURCHASING STAFF; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE
5567—PROVIDING FOR AN ADDITIONAL EXPENDITURE AMOUNT NOT -TO -EXCEED
$1,209,371 WITH THE TOTAL•; !♦ •UNT NOT -TO -EXCEED $6,046,855.1
WHEREAS, on September 17, 2014, by Ordinance No. 2014-265, the Council awarded a
contract for underground electric service installation (hereafter the "Agreement") to Barco
Construction, Inc., in the amount of $4,837,484. 10. 10 for the underground installation of electric
service facilities for Denton Municipal- •
on July 31, 2015,. First Amendment to Barco Construction,
(hereafterInc. (hereafter the "First Amendment") for additional line items to be added to the contract with
no change in the total contract amount and said Agreement was approved by Purchasing staff in
accordance with their delegated authority; and
MaHEREAS on August 19 2015 the C"to awarded a Second Amendment to Barco Construction,
no change in the total contract amount and said Agreement was approved by Purchasing staff in
accordance with their delegated authority; and
WHEREAS, there appears to the Council that further installation services must be
completed; and Staff having recommended, the Public Utilities Board having approved, and the
City Manager having recommended to the Council that the "Third Amendment to contract with
Barco Construction, Inc. (hereafter the "Third Amendment") be authorized to amend such
Agreements, with respect to the scope of work and an increase in the payment amount by
$1,209,371; and said fees under the proposed Third Amendment are fair and reasonable, and are
consistent with and not higher than the recommended practices and fees published by the
professional associations applicable to the provider's profession; and such fees do not exceed thii
maximum provided by law; NOW, THEREFORE,
SECTION 1. The City Manager is hereby authorized to enter into the," Amendment to
Professional Services Agreement" with Barco Construction, Inc. (the "Third Amendment"), in
substantially the form that is attached hereto and incorporated herewith by reference, which
increases the amount of the engagement by and between the City of Denton, Texas and ions, Inc.,
which Agreement is on file in the office of the Purchasing Agent, in the additional amount of
$1,209,371, which amount is hereby approved; and the expenditure of funds therefor is hereby
authorized in accordance with said Third Amendment. The total purchase order amount therefore
increases to the amount of not -to -exceed $6,046,855.10.
SECTION 2. The City Council of the City of Denton, Texas hereby expressly delegates
the authority to expend funds and to take any actions that may be required or permitted to be
performed by the City of Denton, Texas under File 5567, to the City Manager of the City of
Denton, Texas, or his designee.
SECTION 3. The recitations and statements contained in the preamble hereto are
incorporated herewith as a part of this Ordinance for all purposes.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day ofT--,UQrL(0"9-% 2017.
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
-Z L
wo v Lei I'm 0 0 cal M I i'm I I a N I kyj to] 0 WMAN N
.... . ......
By:
DocuSign Envelope ID: 068C6463-36EA-40EA-87F4-C87397977513
THE STATE OF TEXAS §
§
COUNTY OF DENTON §
THIRD AMENDMENT TO CONTRACT
BY AND BETWEEN THE CITY OF DENTON, TEXAS
AND BARCO CONSTRUCTION, INC.
\[FILE NO. 5567\]
THIS THIRD Third
to that certain Contract by and between the City of Denton, Texas and
Barco Construction, Inc. iginal not-to-exceed
amount of $4,837,484.10, which was heretofore executed on September 17, 2014, and
was approved within the delegated authority of the City of Denton Purchasing Agent; and
said Agreement was heretofore entered into by and between the City of Denton, Texas, a
Texas Municipal Corporation with its offices at 215 East McKinney Street, Denton,
Texas 76201 (hereafter the and the firm of Barco Construction, Inc. (hereafter
BARCO with its offices at 305 PLUM HOLLOW, Denton, TX 76207; and
The original Agreement provided for BARCOInstallation
of Underground Electric Utility Cables as is contained in Exhibits (a) of the original
Agreement.
BARCO has satisfactorily completed work called for in the original Agreement;
and the City deems it necessary to increase the not-to-exceed amount of $4,837,484.10,
by $1,209,371 for an aggregate of $6,046,855.10, for services.
NOW THEREFORE, the CITY and BARCO (hereafter collectively referred to as
other good and valuable considerations, do hereby AGREE to the following Third
Amendment, which amends the following terms and conditions of the said Agreement, to
wit:
1.
The provisions of Exhibit F
Value1
not exceed $6,046,855.10$4,837,484.10 contained on the original
Agreement at the same location is hereby removed.
The Parties hereto agree, that except as specifically provided for by this Third
Amendment, that all of the terms, covenants, conditions, agreements, rights,
responsibilities, and obligations of the Parties, set forth in both the Agreement and now
the Third Amendment shall be, and will remain in full force and effect.
1
DocuSign Envelope ID: 068C6463-36EA-40EA-87F4-C87397977513
IN WITNESS WHEREOF, the City of Denton, Texas and the Barco
Construction, Inc., have each executed this Third Amendment electronically, by and
through their respective duly authorized representatives and officers on this date
_______________.
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By: __________________________________
Todd Hileman, City Manager
ATTEST:
CITY SECRETARY
By: __________________________________
APPROVED AS TO LEGAL FORM:
CITY ATTORNEY
By: ___________________________________
BARCO
Barco Construction, Inc.
By: _________________________________
AUTHORIZED SIGNATURE, TITLE
2
Certificate Of Completion
Envelope Id: 068C646336EA40EA87F4C87397977513Status: Completed
Subject: City Council Docusign Item - 5567 Amendment to Barco Construction - UG Electric Install Svcs
Source Envelope:
Document Pages: 3Signatures: 4Envelope Originator:
Supplemental Document Pages: 0Initials: 0Rebecca Hunter
Certificate Pages: 6
AutoNav: EnabledPayments: 0rebecca.hunter@cityofdenton.com
EnvelopeId Stamping: EnabledIP Address: 129.120.6.150
Time Zone: (UTC-08:00) Pacific Time (US &
Canada)
Record Tracking
Status: OriginalHolder: Rebecca HunterLocation: DocuSign
1/25/2017 2:36:59 PM rebecca.hunter@cityofdenton.com
Signer EventsSignatureTimestamp
Rebecca HunterSent: 1/30/2017 12:05:48 PM
Completed
rebecca.hunter@cityofdenton.comViewed: 1/30/2017 12:08:35 PM
Senior BuyerSigned: 1/30/2017 12:12:10 PM
Using IP Address: 129.120.6.150
City of Denton
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
ID:
David FullerSent: 1/30/2017 12:12:11 PM
dfuller@fx5construction.comViewed: 2/8/2017 5:10:58 AM
PresidentSigned: 2/8/2017 5:11:36 AM
Security Level: Email, Account Authentication
Using IP Address: 107.77.197.73
(Optional)
Signed using mobile
Electronic Record and Signature Disclosure:
Accepted: 2/8/2017 5:10:58 AM
ID: 0f0b0624-99f7-4b88-a481-a09598298795
John KnightSent: 2/8/2017 5:11:39 AM
john.knight@cityofdenton.comViewed: 2/8/2017 10:00:07 AM
Deputy City AttorneySigned: 2/8/2017 10:00:27 AM
City of Denton
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Julia WinkleySent: 2/8/2017 10:00:29 AM
Completed
julia.winkley@cityofdenton.comViewed: 2/8/2017 2:43:00 PM
Contracts Administration SupervisorSigned: 2/22/2017 9:33:09 AM
Using IP Address: 129.120.6.150
City of Denton
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ID:
Signer EventsSignatureTimestamp
Todd HilemanSent: 2/22/2017 9:33:13 AM
todd.hileman@cityofdenton.comViewed: 2/22/2017 11:37:04 AM
Security Level: Email, Account Authentication Signed: 2/22/2017 11:37:11 AM
(Optional)
Using IP Address: 129.120.6.150
Electronic Record and Signature Disclosure:
Accepted: 2/8/2017 4:52:51 PM
ID: 8154723a-9757-4d53-a4b5-794656233671
Jane RichardsonSent: 2/22/2017 11:37:13 AM
jane.richardson@cityofdenton.comResent: 2/22/2017 1:24:54 PM
Assistant City SecretaryViewed: 2/22/2017 3:41:11 PM
City of DentonSigned: 2/22/2017 3:41:25 PM
Using IP Address: 129.120.6.150
Security Level: Email, Account Authentication
(Optional)
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ID:
In Person Signer EventsSignatureTimestamp
Editor Delivery EventsStatusTimestamp
Agent Delivery EventsStatusTimestamp
Intermediary Delivery EventsStatusTimestamp
Certified Delivery EventsStatusTimestamp
Carbon Copy EventsStatusTimestamp
Julia WinkleySent: 2/8/2017 5:11:38 AM
julia.winkley@cityofdenton.com
Contracts Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
ID:
Sherri ThurmanSent: 2/8/2017 5:11:38 AM
sherri.thurman@cityofdenton.comViewed: 2/8/2017 6:01:51 AM
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ID:
Jane RichardsonSent: 2/22/2017 9:33:11 AM
jane.richardson@cityofdenton.comViewed: 2/22/2017 9:54:46 AM
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ID:
Robin FoxSent: 2/22/2017 9:33:11 AM
Robin.fox@cityofdenton.com
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(Optional)
Carbon Copy EventsStatusTimestamp
Electronic Record and Signature Disclosure:
Accepted: 10/9/2015 11:39:51 AM
ID: 04463961-03db-4c4d-9228-d660d6146ed6
Jennifer BridgesSent: 2/22/2017 3:41:26 PM
jennifer.bridges@cityofdenton.com
Procurement Assistant
City of Denton
Security Level: Email, Account Authentication
(Optional)
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Not Offered via DocuSign
ID:
Rowdy PattersonSent: 2/22/2017 3:41:27 PM
rowdy.patterson@cityofdenton.comViewed: 2/24/2017 6:15:44 AM
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
ID:
Robin KainSent: 2/22/2017 3:41:28 PM
barco.robin@gmail.com
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ID:
Notary EventsTimestamp
Envelope Summary EventsStatusTimestamps
Envelope SentHashed/Encrypted2/22/2017 3:41:28 PM
Certified DeliveredSecurity Checked2/22/2017 3:41:28 PM
Signing CompleteSecurity Checked2/22/2017 3:41:28 PM
CompletedSecurity Checked2/22/2017 3:41:28 PM
Payment EventsStatusTimestamps
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