Loading...
1989-004ORDINANCE NO AN ORDINANCE AUTHORIZING THE EXECUTION OF CHANGE ORDER NO 1 TO A CONTRACT BETWEEN THE CITY OF DENTON AND SUNMOUNT CORPORATION, PROVIDING FOR AN INCREASE IN THE CONTRACT PRICE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, on October 18, 1988, the city awarded a contract for the construction of certain improvements to Woodrow Lane's Twenty- four Inch Sewer Line Replacement in the amount of $49,693 00, and WHEREAS, the City Manager having recommended to the Council that a change order be authorized to amend such contract with respect to the scope and price and said change order being in compliance with the requirements of Chapter 252 of the Local Government Code, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DENTON SECTION I That Change Order No 1 to the contract between the City and Sunmount Corporation, a copy of which is attached hereto, in the amount of Twenty-one Thousand Eight Hundred Fifty Dollars ($21,850 00), is hereby approved and the expenditure of funds therefor is hereby authorized SECTION II That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the 10th day of January, 1989 RAY STEP NS, AYOR ATTEST ad #A I ( J ER 1 L ERS, CITY SECRETARY A PROVED AS TO LEGAL FORM DEBRA A DRAYOVITCH, CITY ATTORNEY BY r,~'~ January 10, 1989 CITY COUNCIL AGENDA ITEM TO MAYOR AND MEMBERS OF THE CITY COUNCIL FROM Lloyd Harrell, City Manager RE CONSIDER CHANGE ORDER #1, WOODROW LANE/BURNING TREE UTILITY RELOCATIONS, SECTION V RECOMMENDATION The Public Utilities Board, at their meeting of December 21, 1988, recommended approval of Change Order #1 SUMMARY, Change order #1 regards a deteriorated asbestos concrete 24" sanitary sewer main located across Woodrow Lane near the Juvenile Detention Center The line is over 40 years old and was not discovered as deteriorated until the contractor had begun excavation for the Woodrow Lane paving and bridge project The Wastewater Master Plan calls for this main to be paralleled by a 24" sewer main between the years 1991 and 2000 Because the existing main is in such deteriorated shape and cannot be salvaged, a new 36" pvc sanitary sewer line is required to handle the total existing capacity plus the proposed capacity required by the Master Plan This Change Order involves only that lays within the Woodrow Lane that the remainder of the line Capital Improvements Plan that portion of the 24" AC pipe e right-of-way We will request e be replaced during a future BACKGROUND The City Council awarded the contract to relocate utilities affecting the Burning Tree Drainage project on October 18, 1988, in the amount of $49,693 This amount included all administrative fees related to Section V of the Woodrow Lane paving and bridge/Burning Tree drainage project Requested Change Order #1 of $21,850 reflects a 4 4% increase, revising the original contract amount of $71,543 PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED City of Denton, Denton Municipal Utilities, Public Works Department, Sunmount Corporation, and Citizens City council Page 2 FISCAL IMPACT FY d9 CIP Budgeted Replace Sewer Line St Program Original Contract Amt Sewer $43,228 88 Water $ 6,464 12 Total $49,693 00 Change Order #1 $21,850 00 Revised Contract Amt $71,543 00 Amount Over(under) Budget Total Amt Change Orders to Date Percent Increase (decrease) of original Contract Amount Source of Funds Wastewater Collection Bonds 623-008-0471-9138 $100,000 00 ($28,457 00) $21,850 00 4 4% fully iitt d Res pd~arre~ , Manager Prepared/Approved by, e so xecut ve rector Department of Utilities ,0.-' Exhibit I Change Order #1 II Project Location III Letter from Sunmount Corporation IV PUB Minutes of December 21, 1988 6275U 5-6 CLTY OF DENTON CHANGE ORDER ion (Daps ment) 1 2 Purchase order h Sec 5 4 Name of Prolect 1 5. 3 r No 3unmOVat COrnerataen P_D_ Anx 17711 Rnnnnbn TPYne 76969 8 Description o! Work included in Contract Relocate Sewer T.~ne - Wendrnw 7.n..e 9 Changes ordered and reason ordered (List individual changes as A, B, C, D, etc A Relocate and replace deteriorated sewer line on Woodrow Lane 10 Bid Original Contract Revised Negotiated Original Revised Contract Item Estimated Unit Estimated C.O. Unit Estimated Estimated Changes No. Quantity Price Quantity Price Cost Cost A. Addition al Work B. Contrac items and price on C. Attache sheet fr Sunmoun D. Corpora ion Appro ed PVC L e by Util ty Departm n t i r Total Total aa. WsiyallaA uonsrace Price *A0 AQ% An increase in contract Price ~77 Gen nn New Contract Price J71~4A9_nn Deere"* in Contract Price -n- 12* Contract time increased/decreased by__0_day8. New contract time days TEE AFOREMENTIONED CHANGE, AND WORK AFFECTED THEREBY, IS SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. 13. ISSUED FOR REASONS INDICATED ABOVE: / Z- ;7- SB Date 14. ACCEPTED BY CITY ENOINSERs Mc =ft- Signs ure Title Date 15. ACCEPTED BY CONTRACTOR: ~w %Z /Z... ~a& i 12-7"8e Signature Title' Date 16. ABSISTAIM CITY NANAGAR Signature Title Date DIRECTOR OF UTILITIES: CONDITIONS Of APPROVAL: Signature Title Date 17. PURCSABINO/FINANCE Signature EXH ' Til Data COUNCIL APPROVAL (2L needed) Date n4See J. P sgeq qlc~l 1 I PROJECT LOCATION = 1 L41.L .w 1 ` EXHIBIT 11 Aw~ SUNMOUNT CORPORATION GENERAL CONTRACTORS Mr Jerry Clark, City Engineer City of Denton 215 E McKinney Denton, TX 76201 P O BOX 1770 ROANOKE TEXAS 76262 817/648 2741 METRO 817/430 0552 December 6, 1988 REFERENCE WOODROW SEWER RELOCATION Dear Mr Clark A We have put together a price to relocate the 24 inch sewer line at station -2+50 on Woodrow Lane as requested The new 35 inch line would be relocated to the south using either PVC or Hobas Pipe Three new manholes would be required, two built on the existing line and one on the new line The following is a breakdown for Sunmount to complete this work HOBAS Pipe Materials #11,000 00 6 foot Manholes - 3 each 4,900 00 Bedding and Concrete 1,100 00 Labor, Equipment, Overhead & Profit 6 100 00 TOTAL 23,100 0 If you have any questions, please feel free to call Sincerely, SUNMOUNT CORPORATION PVC $ 9,750 00 4,900 00 1,100 00 6 100 00 21,8 0 00 Thomas R Barber Plant Manager TRB/cs cc RDR EXHIBIT 3 EXCERPT Public Utilities Board Minutes December 21, 1988 7 CONSIDER CHANGE ORDER #1, WOODROW LANE/BURNING TREE UT Ham explained that a deteriorated asbestos concrete sanitary sewer main crossing Woodrow Lane collapsed during other construction, and would now need to be replaced at an additional cost of $21,850 Ham added that the entire sewer line, approximately one mile, would need to be replaced due to the deterioration LaForte moved approval of the change order Chew second All ayes, no nays, motion carried 6276U 2 PROJECT NO CONTRACT NO DEVELOPERIB EBCRON AGREEMENT IN LIEU OF MAINTENANCE BOND (Development Contract-Improvements of $50,000 or Less) Recitals P $ F Properties a Texas Joint VenturV"Owner") is developing property within the jurisdiction of the City of Denton, Texas ("City"), and has executed a Development Contract to insure that all streets, water and sewer lines, drainage facilities or other improvements to be conveyed to the public, ("Improvements") are properly constructed, completed, and maintained, all as required by the ordinances of City The cost to complete the Improvements is less than $50,000 00 'In order to provide for the maintenance and repair of the Improvements for a period of one year from the date of acceptance by City, owner has elected to escrow cash money with Firs State Bank a local bank, as escrow Agreement In consideration of the above recitals and mutual promises of each, City, Owner, and Escrow Agent agree as follows 1 Amount. Owner, as a condition to the acceptance by the City of the Improvements described in the Development Contract dated T„T., 1A . 1989 , to which this Agreement is attached, 1.737.29 in cash money, with Escrow Agent, to insure tnat the Improvements are properly maintained and repaired for a period of one year from the date of acceptance 2 Notice of Deposit. When the Improvements have been properly completed, the City shall accept the Improvements when Escrow Agent notifies the City in writing that the required cash money has been deposited in an escrow account with the Escrow Agent 3. Notice of Defects. Should the City Engineer determine that repairs to the Improvements are necessary within one year of acceptance, he shall notify the Owner in writing, specifying the repairs to be made and the date they must be completed Should the Owner fail to perform the repairs in accordance with the notice PAGE 1 given, the Escrow Agent shall, upon notification by the City Engineer in writing of the Owner's default, pay to the city from the escrow account the sum of money necessary to make the repairs, as specified in the notice of default 4 Release of Funds to Owner. The Escrow Agent shall not release any escrow funds until and unless the Escrow Agent has been notified in writing by the City Engineer to release the funds to the Owner Upon the request of the Owner the City Engineer shall give the notice to the Escrow Agent if there are no repairs to be made in the Improvements within one year of acceptance, or if repairs are necessary, they have been performed by Owner to the satisfaction of the City Engineer 5 Notices. Any notice to be sent, or required to be sent or given under this agreement shall be sent to the address of the parties, as follows CITY City Engineer 1215 East McKinney Denton, Texas 76201 OWNER P 9 F Pro perties. 700 Dalla s Dr . Denton. 76205 ESCROW AGENT First S tate Bank. De nton. Texas 76201 6 Pass. Owner agrees to pay any and all fees or costs charged by the Escrow Agent in connection with this Agreement 7 Non-liability of Escrow Agent. The Escrow Agent shall have no responsibility except for the safekeeping and delivery of the amounts deposited in the escrow account in accordance with this Agreement The Escrow Agent shall not be liable for any act done or omitted to be done under this Agreement or in connection with the amounts deposited in the escrow account except as a result of the Escrow Agent's gross negligence or willful misconduct If any question, dispute or disagreement arises among any one or more of the parties hereto or any other party with respect to the funds deposited in the escrow account, the proper interpretation of this Agreement, the duties of the Escrow Agent hereunder or the rights of the parties to this Agreement, the Escrow Agent shall not be required to act and shall not be held liable for refusal to act until the question or dispute is settled, and the Escrow Agent has the absolute right at its discretion to do either or both of the following (a) withhold or stop all further performance under this Agreement until the Escrow Agent is satisfied, by receipt of a PAGE 2 written document in form and substance satisfactory to the Escrow Agent and executed and binding upon all interested parties hereto (who may include the subscribers), that the question, dispute, or disagreement has been resolved, or (b) file a suit in interpleader and obtain by final judgment rendered by a court of competent jurisdiction, an order binding all parties interested in the matter, the court costs to be paid by Owner 7 Agreement Not Release of Claims The purpose of this Agreement is to provide funds for the repair of defects in the Improvements within one year of acceptance by the City if the owner should fail to make the repairs This Agreement is not intended and shall not be construed as a limitation on the liability of Owner, his contractors, subcontractors, agents, or employees, for any defects in the Improvements subject to this Agreement, the cost of which are greater than the amount provided for in this Agreement 8 Successors and Assigns This Agreement shall be binding upon the successors and assigns of the parties hereto 9 Venue. The parties hereto necessary in connection with this lie in Denton County, Texas agree that if any legal action is Agreement, exclusive venue shall IN WITNESS WHEREOF, the City, Owner, nd Escrow Agent have signed this instrument this day of , 192 CITY OF DENTON OWNER BY VCS- BY Robert P Ra er, Trustee P $ F Properties ESCROW AGENT 1 BY esrow$gr PAGE 3 SAVINGS ACCOUNT DEPOIT 11 t CUSTOMERS COPY dmom Chwm DEPOSITED WITH WbIW ro the cow WM w 0WPm moom HI Of ma Wr* : DATE Z 19-L ro FIRST STATE BANK cwozwo+"""bAe°"°"°~ DENTON, TEAS IN DERM IMPORTANT WRITE YOUR ACCOUNT NUMBER HERE y I 1h-r1-,) J (Z= 1, sipim HERE R SS TELLERS PRESENCE l NAME l .L2 LL9J ADDRESS CITY-STATE