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