Loading...
22-1103ORDiNANCE NO. 22-1103 AN ORD[NANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPALCORPORATION, AUTHORIZING THE APPROVAL OF CHANGE ORDER NO. 5 TO THE CONTRACT BETWEEN THE CITY OF DENTON AND QUALITY EXCAVATION, LTD, FORTHE CONSTRUCTION OF THE MCKINNEY STREET SIDEWALK SEGMENT FOR THEDOWNTOWN STORM SEWER TRUNK LINE PH I PROJECT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (IFB 7086– CHANGE ORDER NO. 5, 1N THE NOT-TO-EXCEED AMOUNT OF $65,757.40 FOR A TOTAL CONTRACT AWARD AGGREGATED TO $1,289,375.65). WHEREAS, on October 20, 2020, by Ordinance No. 20-2061, the City Council awarded a contract to Quality Excavation, LTD, in the amount of $1,141,102.20, for the construction of the Downtown Storm Sewer Trunk Line PH 1 Project for the City of Denton; and WHEREAS, on May 12, 2021, Purchasing awarded a Change Order No. 1 between the City of Denton and Quality Excavation, LTD, to reduce the amount of the contract by $4,710.00; and WHEREAS, on May 13, 202 1, Purchasing awarded Change Order No. 2 between the City of Denton and Quality Excavation, LTD, using $59,048.20 of contingency funds and additional funds in the amount of $19,121.80; and WHEREAS, on July 13, 2021, Purchasing awarded Change Order No. 3 between the City of Denton and Quality Excavation, LTD, to reduce the amount of the contract by $43,767.00; and WHEREAS, on August 10, 2021, by Ordinance No. 21-1587, the City Council awarded a Change Order No. 4 to Quality Excavation, LTD, in the amount of $102,45 1 .25, for construction of the McKinney Street sidewalk segment for the Downtown Storm Sewer Trunk Line PH I Project; 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 Quality Excavation, LTD, which is on file in the office of the Purchasing Agent, in the amount of Sixty-Five Thousand Seven Hundred Fifty-Seven and 40/100 ($65,757.40) dollars, is hereby approved, and the expenditure of funds therefore is hereby authorized in accordance with said change order which shall be attached hereto. The total purchase order amount increases to $ 1 ,289,375.65. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. U l II i i F B • + g • P al ; -\' 1 l• ; q H - 1 r R P + a iq + f I ' I • q *..„KarL';Ju*#!=='””"ndinan,assedam8ia= /::the following vote La - ILI : Aye Nay Abstain Absent Mayor Gerard Hudspeth:Vicki Byrd, District 1 :Brian Beck. District 2: Jesse Davis, District 3 : Alison Maguire, District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: \/ZJar/ IZZ P/ PASSED AND APPROVED this the It d,y,f (JbLnp . 2022 mRDIRmmrNml–oR ATTEST: ROSA RIOS, CITY SECRETARY \11111111 A APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Digitally signed by MarcellaLunn DN: cn=Marcella Lunn. o. A ––lton.eoTI, e=JF–––Date: 2022.05.16 13:08:1 7 -05'OO’ IN\\fb :Y,=:=,=,FSFJF,"i,@,iv,fd,BY:\X/X&cUtt hi\\: bIllyI/ p/J:> PJa' "f IIl\ta 01 DocuSign Envelope ID: 7AE962DD-A29E~4B01-BA78-93D19A68FF6B DENTON Docusign City Council Transmittal Coversheet 7086I FB File Name Purchasing Contact C orl P 'Mer City C,„,iIT„g,tD,t, JUNE 7 ’ 2022 Piggy Back Option Contract Expiration Ordinance Downtown Storm Sewer CO#5 Not App11cab1 e N/A 22-1103 DocuSign Envelope ID: 7AE962DD-A29E4B01-BA78-93D19A68FF6B City of Denton - Capital Projects401 N. Elm Street Denton, TX 76201 Kyle Pedigo. Project Manager Contractor: Quality Excavation, LTD5580 US-377 Aubrey, TX 76227 Emily CulpiDEV CITYOF Project: Downtown Denton Storm Drain PH 1 IFB# 7086 CIP/ENG# 880003 CHANGE ORDER NO 5 1 94856PO #:aBM 12/ 1 4/2020 L @1 1 0/28/2021 MB8mlnBm8nB8nH 61512022 Contract BID Amount:i £ EE 1 ,086.764.do Prior Approved Other Funded CO's: $ Current Contract Amount w CO's: } 7 1 , 1 64,570.055% Contingency Amount 59,048.20 Total NTE Amount :1 , 145,8 1 2.20 59,048.20Prior Approved CAA's:This CO Other Funding Request: $65.757.40 IAvailablecontingency: £ This CAA Request: W Total Change Request: £ 270 This CO Days Request: 65,757.40 220 538 Original Contract Days: Contingency Remaining:Approved CO Days:48 New Contract Days: OJECT SCOPE AND REASON FO and parking lot restoration. Reason for RequestedChange Order: This is the final quantity reconciliation change order for this project. Several items were added due to unforseen utility conflicts addressed in RFls (attached). Pavement and sidewalk quantities wereadjusted to match final field-measured quantities instead of estimates. 0 0 lfeFri No. EjI/lllllfzq:rlIH4;al.IdyLIIIIb ITEfS Spec. Section No.Description of work UOM BID QTY +/- QTY Unit Price Extended Pricef'c kontingencv funds are used at City's discretion per contFa F 00DDWieT (dElfMB 0 ItemNo. 13 QUANTITY CHANGES TO E&Mql®ijTigilIE Spec. Section No.Description of work SD2 Rim A--F –r–F + I UOM BID QTY +/- aw Unit Price Extended Price EA $ $ $ im5 F MllllIBI 107.0017SDI 20 ST7 o !®nnect 18" RCP to 6x:-i EB3' Yard Inlet {COR 5A) BitBidewalk LF SF M 22 450 1 13,400.00 2,354.00 3,600.08 1,100.00 5,600.00 15,560.00 1,240.00 1,336.50 :7,097.10 2,154.00 21 i 8.00 24 SD2 SD7 EA[+AFfI–1, 100.00 [LTF31 32 STS M185.60 77 68 389.00 31.00 11 -41 Ti $ $ 5,600.00 4-11 ST4 omr ;yRinawumB LF 1 SY 1 77 1 40.00 40.00 4-12 SY 121.50 4-14 nHl0 1 173.10 F5-1 a l[SgfA/ater Line Lowering MIt & Patch 36" RCP for SewXe €rossing IEemove/Replace Curb Inlet Lat B-1 (1/2 Cost) mmMWCHEn =1=EA 13,280.00 9, 150.00[5-2 13,280.00 9,150.00 2,580.00 1.500.002 RFI #12 5-3 RFI #11 EA $ $ 1 5-4 1 RRFI #13 TLTs oTa M0$ $ 1,500.00 J 1 EA TOTAL CO AMOUNT:i£6-g,757.40 DocuSign Envelope ID: 7AE962DD-A29E4B01-BA78-93D19A68FF6B Downtown Denton Storm Drain PH 1 Original BID/Contract Amount Original Total Not to Exceed Amount:Total CAA's Total CO's Revised Contract Amount % of CAA approved to-date Total Change Order over original Bid: Percent Changes over NTE $ 1,086,764.00 1 , 1 45,81 2.20 $59,048.20 $1 43,563.45 $ 1 ,289,375.65 100.00% 18.64% 1 2.529% THE AFOREMENTIONED CHANGE, AND WORK AFFECTED THEREBY,IS SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. SUBMII–FED BY anager ACCEPTED BY CITY ENGINEER/DIRECTOR OF CAPITAL PROJECTS ACCEPTED BY CONTRACTOR: Gar1 and W1 1 son Vj ce PresIdent Name, Title CITY MANAGER: A1–rEST: CITY SECRETERY PURCHASING: DocuSlaned by: 6aytawl tML9h BFI5ature F 5 2 1aBI IE) B 2 9 6 aWm R%4RleI lc5cA8c5Et8gnatu re Docu SIgned by:bri tktwtIL 13EID934©tgPmture APPROVED AS TO LEGAL FORM [k>cuSign Certificate Of Completion[ Envelope Id: 7AE962DDA29E4B01 BA7893D19A68FF6B Subject: Please DocuSign: City Council Contract 7086 CO#5 - Downtown Storm Sewer Source Envelope: Status: Completed Document Pages: 3 Certificate Pages: 6 AutoNav: Enabled Signatures: 7 Envelope Originator: con Power 901 B Texas Street Denton, TX 76209 cori.power@cityofdenton.com IP Address: 198.49.140.104 Initials: 1 Envelopeld Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) Record Tracking Status: Original 4/29/2022 9:03:16 AM Holder: Cori Power cori .power@cityofdenton.com Location: DocuSign Signer Events Cori Power cori.power@cityofdenton.com Senior Buyer City of Denton Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Signature Timestamp Completed Sent: 4/29/2022 9:09:06 AM Viewed: 4/29/2022 9:09:15 AM Signed: 4/29/2022 9:09:39 AMSigned by link sent to cori.power@cityofdenton.com Using IP Address: 198.49.140.104 Lori Hewell lori .hewell@cityofdenton.com Purchasing Manager City of Denton Security Level: Email, Account Authentication(None) 'DocuSlgned br I (pri kuhLL 13EID934887G40F. Sent: 4/29/2022 9:09:42 AM Viewed: 4/29/2022 2:33:27 PM Signed: 4/29/2022 2:33:33 PM Signature Adoption: Pre-selected Style Signed by link sent to lori.hewell@cityofdenton.com Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure:Not Offered via DocuSign Kyle Pedigo kyle.pedigo@cityofdenton.com Security Level: Email, Account Authentication(None) ’DocuSlgn•d by:kk~~(,gz Sent: 4/29/2022 2:33:35 PM Viewed: 5/2/2022 9:29:03 AM Signed: 5/2/2022 9:29:16 AM Signature Adoption: Pre-selected Style Signed by link sent to kyle.pedigo@cityofdenton.com Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure:Accepted: 5/2/2022 9:29:03 AMID: adec63c8-f46b2lf29-b403-0cd137d3aOe3 Marcella Lunn marcella.lunn@cityofdenton.com Deputy City Attorney City of Denton Security Level: Email, Account Authentication (None) 'DocuSlgned by: IALAWLLhLhhA..4B070831B4AA438. Sent: 5/2/2022 9:29:18 AM Viewed: 5/2/2022 2:27:20 PM Signed: 5/2/2022 2:28:28 PM Signature Adoption: Pre-selected Style Signed by link sent to marcella.lunn@cityofdenton.com Using IP Address: 47.24.6.135 Electronic Record and Signature Disclosure: Not Offered via DocuSign Signer Events Garland Wilson garland@qualityexcavationltd.com Vice President Quality Excavation, Ltd . Security Level: Email, Account Authentication(None) Signature Timestamp Sent: 5/2/2022 2:28:31 PM Resent: 5/3/2022 9:10:57 AM Resent: 5/3/2022 9:13:37 AM Viewed: 5/3/2022 9:31 :37 AM Signed: 5/3/2022 9:31 :37 AM 'D<>cu819ned by: I ARAb/ tIhIgh 'OFEA7C56F30A4D5. Signature Adoption: Pre-selected Style Signed by link sent to garland@qualityexcavationltd.com Using IP Address: 173.219.29.14 Electronic Record and Signature Disclosure;Accepted: 10/6/2017 11 :03:26 AMID: 686fb2c9-818b4c5d-90e2-8c7008b347bf Rebecca Diviney Rebecca.Diviney@cityofdenton.com Director of Capital Projects/City Engineer Security Level: Email, Account Authentication(None) Sent: 5/3/2022 9:31 :40 AM Viewed: 5/3/2022 9:51 :25 AM Signed: 5/3/2022 9:51 :36 AM Signature Adoption: Pre-selected Style Signed by link sent to Rebecca , Diviney@cityofdenton.com Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure:Accepted: 5/3/2022 9:51 :25 AMID: 70af1 327-0145453f-9806-b8f4055843b3 Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication (None) Completed Sent: 5/3/2022 9:51 :39 AM Viewed: 6/8/2022 8:29:07 AM Signed: 6/8/2022 8:29:15 AMSigned by link sent to cheyenne.defee@cityofdenton.com Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure:Not Offered via DocuSign Sara Hensley sara.hensley@cityofdenton.com City Manager City of Denton Security Level: Email, Account Authentication(None) Sent: 6/8/2022 8:29:17 AM Viewed: 6/8/2022 8:30:26 AM Signed: 6/8/2022 8:30:33 AM Signature Adoption: Pre-selected Style Signed by link sent to sara.hensley@cityofdenton.com Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure:Not Offered via DocuSign Rosa Rios rosa.rios@cityofdenton.com City Secretary Security Level: Email, Account Authentication(None) •DocuSigned by: I Ran R&% IC5GA8C5E 175493 Sent: 6/8/2022 8:30:35 AM Viewed: 6/9/2022 2:56:07 PM Signed: 6/9/2022 2:56:43 PM Signature Adoption: Pre-selected Style Signed by link sent to rosa.rios@cityofdenton.com Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure:Accepted: 6/9/2022 2:56:07 PMID: 15441ef0-ea64-42bd-a86f-df3f3c13ddfa In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Status Timestamp Intermediary Delivery Events Timestamp Certified Delivery Events 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 Status Timestamp Sent: 4/29/2022 9:09:41 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: 5/3/2022 9:51 :38 AM Viewed: 5/4/2022 2:42:37 PM City Secretary Office citysecretary@cityofdenton.com Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Sent: 6/9/2022 2:56:46 PM Viewed: 6/9/2022 3:08:06 PM Emily Culp Emily@qualityexcavationltd .com Project Manager Security Level: Email. Account Authentication(None) Electronic Record and Signature Disclosure:Accepted: 9/29/2021 12:23:53 PMID: edc5e6c2-d77eztb12-953e-58b7234952c2 Sent: 6/9/2022 2:56:47 PM Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Envelope Sent Certified Delivered Signing Complete Completed Status Timestamps 4/29/2022 9:09:06 AM 6/9/2022 2:56:07 PM 6/9/2022 2:56:43 PM 6/9/2022 2:56:47 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: Kyle Pedigo, Garland Wilson, Rebecca Diviney, Rosa Rios, Emily Culp ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide toyou certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through your DocuSign, Inc. (DocuSign) Express user account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the ’I agree' button at the bottom ofthis document. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You mayrequest delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign Express user account to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact City of Denton: You may contact us to let us know of your changes as to how we may contact you electronically,to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: purchasing@cityofdenton.com To advise City of Denton of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address.. In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in DocuSign. To request paper copies from City of Denton To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an e-mail to purchasing@cityofdenton.com and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with City of Denton To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign account, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request youmust state your e-mail, full name, IS Postal Address, telephone number, and account number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software Operating Systems Browsers (for SENDERS Browsers (for SIGNERS). r l &let Explorer 6.0?, Mozilla FireFox 1.0 NetScape 7.2 (or above) Access to a valid email account 800 x 600 minimum Email Screen Resolution Enabled Security Settings •Allow per session cookies •Users accessing the internet behind a Proxy Server must enable HTTP 1.1 settings viaroxy connection ++ These minimum requirements are subject to change. If these requirements change, we will provide you with an email message at the email address we have on file for you at that time providing you with the revised hardware and software requirements, at which time you will have the right to withdraw your consent. Acknowledging your access and consent to receive materials electronicallyTo confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able toe-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices anddisclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I agree' button below. By checking the 'I Agree' box, I confirm that: • I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and • Until or unless I notify City of Denton as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by City of Denton during the course of my relationship with you.