7909 - Change Order 1 Executed
Docusign Transmittal Coversheet
File Name
Purchasing Contact
Contract Expiration
DocuSign Envelope ID: CE4FFF9F-65AF-4C33-9809-F677B50F26B9
7909 - Hickory Creek Rd Phase 3 - CO#1
Cori Power
N/A
Contractor:
Hickory Creek Rd Phase 3 CHANGE ORDER NO.1
CIP/ENG#PO #: 201057
Contract BID Amount:49,545,175.12$
5% Contingency Amount:2,477,258.76$
52,022,433.88$
Prior Approved CAA's:-$
Available Contingency:2,477,258.76$
-$ 0
Contingency Remaining:2,477,258.76$ 730
Item
No.Spec. Section No. UOM BID QTY +/- QTY Unit Price Extended Price
$0.00
NEW ‐$ ‐$
$0.00
Item
No.Spec. Section No. UOM BID QTY +/- QTY Unit Price Extended Price
$0.00
‐$ ‐$
$0.00
$0.00
49,545,175.12$
52,022,433.88$
Hickory Creek Rd Phase 3 -$
-$
49,545,175.12$
0.00%
0.00%
0%
This Change Order Amendment is to make use of fill dirt materials to be removed from 411 Vintage Blvd for use as fill on the Hickory Creek Rd Phase 3
project. Please see the attached agreement for details.
CONTINGENCY ALLOWANCE AUTHORIZED (CAA) CONTRACT CHANGES
QUANTITY CHANGES TO EXISTING ITEMS
TOTAL CAA QTY CHANGES:
NEW ITEMS OF WORK
Description of work
This CO Days Request:
Total NTE Amount : This CO Other Funding Request:
Project Scope
included in Contract:
Expansion of Hickory Creek from a two‐lane rural roadway to a four‐lane divided urban roadway from FM 1830 to Riverpass
Drive.
19351
Notice To Proceed Issued:
9/29/2022
Current Completion Date:
-$
9/28/2024
New Completion Date:
9/28/2024
Dusty Draper, Project Manager
CITY OF DENTON CHANGE ORDER FORM
City of Denton - Capital Projects
401 M. Elm Street
Denton, TX 76201
Mario Sinacola & Sons Excavating, Inc.
10950 Research Road
Frisco, Texas
Bobby Stevens
Project:
New Contract Days:
Total Change Request:-$
Reason for change:
CSP# 7909
This CAA Request:
PROJECT SCOPE AND REASON FOR CHANGE
Prior Approved Other Funded CO's:-$
Current Contract Amount w CO's:
Orig Contract Days:
Approved CO Days:
730
0
49,545,175.12$
Fill Dirt Material
Total Change Order over Original Bid:
Total CO's:
% of CAA Approved To-Date:
Total CAA's:
Original Total Not To Exceed Amount:
Original BID/Contract Amount:
Contingency funds are used at City's discretion per contract spec language
N/A
OTHER FUNDED CONTRACT CHANGES (CO)
TOTAL OTHER FUNDED NEW ITEMS:
TOTAL CAA NEW ITEMS:
QUANTITY CHANGES TO EXISTING ITEMS
NEW ITEMS OF WORK
TOTAL OTHER FUNDED QTY CHANGES:
Description of work
N/A
Revised Contract Amount:
Percent Changes over NTE:
TOTAL CO AMOUNT:
DocuSign Envelope ID: CE4FFF9F-65AF-4C33-9809-F677B50F26B9
SUBMITTED BY:_______________________________
ACCEPTED BY CITY ENGINEER/DIRECTOR OF CAPITAL PROJECTS _______________________________
ACCEPTED BY CONTRACTOR: ____________________________________________________________
Name, Title
PURCHASING:_______________________________
IS SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS.
Signature
Signature
Signature
Project Manager
THE AFOREMENTIONED CHANGE, AND WORK AFFECTED THEREBY,
]
DocuSign Envelope ID: CE4FFF9F-65AF-4C33-9809-F677B50F26B9
Bradley S MisslerVice President
3/24/2023
1
FILL DIRT CHANGE ORDER AMENDMENT
This Change Order Amendment (this “Amendment”) is made effective on , by
and between The City of Denton, (the “City”) and Mario Sinacola & Sons Excavating, Inc.
(“Contractor”).
RECITALS
A. The City and Contractor have entered into that certain Agreement for the Construction of
the Hickory Creek Road Phase 3 Project dated May 2, 2022 (the “Agreement”).
B. The City of Denton owns a parcel of land located at 411 Vintage Blvd within the City of
Denton, Denton County, hereof which is incorporated herein by this reference (the “Property”).
C. The City has excess fill dirt at the Property which has been accumulated over the course of
numerous construction projects.
D. The Contractor desires to make use of fill dirt materials to be removed from the Property
(the “Fill”), as shown in Exhibit A attached, with the intent to utilize said fill dirt materials on the
Hickory Creek Rd Phase 3 project which is incorporated herein by this reference (the “Project”).
E. The City is willing to allow for the placement of earthen materials on the Project pursuant
to the specific terms hereof.
F. The parties now desire to reduce their agreement, as well as the material terms thereof, to
writing.
Now therefore, in consideration of the mutual covenants and promises contained herein, the parties
expressly agree as follows:
AGREEMENT
1. Import of Fill Dirt. The City and Contractor hereby agree that the Contractor shall be
entitled to place Fill including clean earthen sediment, sand and dirt which are removed
from the Property for the Project, as shown in Exhibit A attached. Said Fill shall be
completely free of all refuse, garbage, plastic, vegetation of every kind, wood, weeds,
boulders, and large rocks, expansive soils, petroleum products, or other hazardous
materials. Contractor is obligated to ensure the Fill meets these obligations at no additional
cost to the City.
2. Transportation of Fill. The Contractor shall be responsible for maintaining all haul routes
and haul road conditions. The Contractor shall also be solely responsible for all traffic
safety including construction and public. The use of flagging, traffic control, and signage
to maintain safe haul routes is the responsibility of the Contractor.
DocuSign Envelope ID: CE4FFF9F-65AF-4C33-9809-F677B50F26B9
3/24/2023
2
3. Testing & Inspections. The Contractor shall select a licensed geotechnical firm who will
be responsible for certifying the material tests to the City of all materials placed on the
Project. The Contractor shall be responsible to coordinate testing dates with their chosen
engineer and shall provide City with a copy of the results of each test performed by said
engineer. At the end of the contract, the Contractor shall provide to the City a complete set
of all test results for test performed on the Property.
4. Right of Refusal. The City holds the right to refuse any Fill from the Property that is placed
on the Project that is deemed unsuitable under the project’s standard requirements for fill
material.
5. No Warranty. The City makes no representation or warranty as to the Fill and its fitness
for a particular purpose, merchantability, workmanship, manufacture, or otherwise for the
Project. Contractor accepts the Fill on an “as-is” basis.
6. No Cost Change. This Amendment will not in any way change the cost of the underlying
Agreement. Contractor acknowledges and agrees that City will not receive any financial
benefit from the Fill.
7. Clean Up. The Contractor shall also be solely responsible for cleanup of the Property as it
relates to any work performed by the Contractor or its agents or contractors/subcontractors,
as shown in Exhibit A attached.
8. General Terms and Conditions.
8.1 Signature Authority. The undersigned individuals hereby warrant and represent that
they each have full legal authority to sign this Agreement and bind the parties
hereto.
8.2 Amendments. Any party hereto may propose for consideration an amendment to
this Amendment. Any proposed amendment will become effective at such time as
it is approved by all parties hereto.
8.3 Waiver. No right under this Amendment may be waived, except by an instrument
in writing signed by the party sought to be charged with the waiver.
8.4 Counterparts. This Amendment may be executed in counterparts, each of which
will be considered an original.
8.5 Confirmation of Agreement. This Amendment (together with all exhibits attached
hereto) constitutes the entire agreement between the parties regarding the matters
of this Amendment and supersedes all prior and contemporaneous agreements and
understandings regarding the matters of this Amendment. In the event of a conflict
between this Amendment and the Agreement as it relates to the matters of this
DocuSign Envelope ID: CE4FFF9F-65AF-4C33-9809-F677B50F26B9
3
Amendment, the terms of this Amendment will control. Otherwise, all terms and
conditions of the Agreement will remain in full force and effect and likewise apply
to this Amendment.
Signed on the respective dates set forth below, to be effective as of the Effective Date.
IN WITNESS WHEREOF, this Agreement has been executed as of the day, month and year first
above written.
CONTRACTOR: CITY:
Mario Sinacola & Sons Excavating, Inc. The City of Denton,
_________________________________ ____________________________________
Name, Title
Name, Title
DocuSign Envelope ID: CE4FFF9F-65AF-4C33-9809-F677B50F26B9
Vice President Purchasing Supervisor
Legend
Red grid area to be
restored after dirt pile
removal
EXHIBIT ADocuSign Envelope ID: CE4FFF9F-65AF-4C33-9809-F677B50F26B9
Certificate Of Completion
Envelope Id: CE4FFF9F65AF4C339809F677B50F26B9 Status: Completed
Subject: ***Purchasing Approval*** 7909 - Hickory Creek Rd Phase 3 - CO#1 (Dirt)
Source Envelope:
Document Pages: 7 Signatures: 6 Envelope Originator:
Certificate Pages: 5 Initials: 1 Cori Power
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
cori.power@cityofdenton.com
IP Address: 198.49.140.10
Record Tracking
Status: Original
3/8/2023 9:25:16 AM
Holder: Cori Power
cori.power@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Cori Power
cori.power@cityofdenton.com
Purchasing Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.10
Sent: 3/8/2023 9:40:27 AM
Viewed: 3/8/2023 9:40:42 AM
Signed: 3/8/2023 9:41:00 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 3/8/2023 9:41:03 AM
Viewed: 3/8/2023 10:28:07 AM
Signed: 3/8/2023 10:28:18 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Dusty Draper
Dustin.Draper@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 3/8/2023 10:28:20 AM
Viewed: 3/8/2023 10:44:00 AM
Signed: 3/8/2023 10:44:24 AM
Electronic Record and Signature Disclosure:
Accepted: 3/8/2023 10:44:00 AM
ID: 77e17024-2c61-4d74-a8ce-74da02233613
Bradley S Missler
bmissler@mariosinacola.com
Vice President
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 206.123.110.212
Sent: 3/8/2023 10:44:26 AM
Resent: 3/17/2023 9:19:57 AM
Viewed: 3/21/2023 11:18:53 AM
Signed: 3/21/2023 11:21:27 AM
Electronic Record and Signature Disclosure:
Accepted: 3/9/2023 5:49:02 AM
ID: 3db5b4b1-ba07-4f45-871a-4279f7b546d6
Signer Events Signature Timestamp
Trevor Crain
Trevor.Crain@cityofdenton.com
Director of Capital Projects
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 3/21/2023 11:21:30 AM
Viewed: 3/21/2023 11:23:32 AM
Signed: 3/21/2023 11:24:08 AM
Electronic Record and Signature Disclosure:
Accepted: 3/21/2023 11:23:32 AM
ID: c46ddc85-6f7a-40a9-aa9f-a6cb71532927
Cori Power
cori.power@cityofdenton.com
Purchasing Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.104
Sent: 3/21/2023 11:24:10 AM
Viewed: 3/24/2023 9:19:21 AM
Signed: 3/24/2023 9:19:27 AM
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 Timestamp
Carbon Copy Events Status Timestamp
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 3/24/2023 9:19:29 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 3/8/2023 9:40:27 AM
Certified Delivered Security Checked 3/24/2023 9:19:21 AM
Signing Complete Security Checked 3/24/2023 9:19:27 AM
Completed Security Checked 3/24/2023 9:19:29 AM
Payment Events Status Timestamps
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Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Dusty Draper, Bradley S Missler, Trevor Crain
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