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2010-307ORDINANCE NO. 2010-307 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NUMBER TEN TO THE CONTRACT BETWEEN THE CITY OF DENTON AND THATEN CONSTRUCTION, INC.; PROVIDING FOR A REFUND OF THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4336-FLEET FUELING AND TRUCK WASH FACILITY CHANGE ORDER NUMBER TEN IN THE AMOUNT OF ($105,317) FOR A TOTAL CONTRACT AWARD OF $2,067,111.50). WHEREAS, on December 15, 2009 by Ordinance No. 2009-314, the City awarded a public works contract to Thaten Construction, Inc., in the amount of $2,047,685 for the Fleet Fueling and Truck Wash Facility; 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, and said change order fees under the proposed contract 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 the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Change Order Number Ten, decreasing the amount of the contract between the City and Thaten Construction, Inc., which is on file in the office of the Purchasing Agent, in the amount of One Hundred Five Thousand Three Hundred Seventeen and no/100 ($105,317.00) Dollars, is hereby approved and the expenditure of funds therefore is hereby authorized in accordance with said change order. The total purchase order amount decreases to $2,067,111.50. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 0'- day of hz&~& '2010. ATTEST: JENNIFER WALTERS, CITY SECRETARY B (3 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 3-O RD-Ei" 4336 Change O er -AIA Document G701T11 -2001 Change Order PROJECT (Name and address): City of Denton Fleet Fueling and Truck Wash Facility 1251 South Mayhill Road Denton, TX TO CONTRACTOR (Name and address): Thaten Construction Inc. PO Box 909 Sanger, TX 76266 CHANGE ORDER NUMBER: 010 DATE: 11/17/2010 ARCHITECT'S PROJECT NUMBER: 08665 CONTRACT DATE: 12/15/2009 PO# 147570 CONTRACT FOR: NEW FUEL AND TRUCK WASH FACILITY OWNER: ARCHITECT: CONTRACTOR: FIELD: ❑ OTHER: ❑ THE CONTRACT IS CHANGED AS FOLLOWS: (Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives) Truck wash maintenanc CHANGE %FLEET %TRUCK 1. CREDIT TRUCK WASH EQUIPMENT MAINTENANCE - 105,317.00 (0) -105,317.00 TOTAL CO N010 - 105,317.00 The original Contract Sum was $ 2,047,685.00 The net change by previously authorized Change Orders $ 124,743.50 The Contract Sum prior to this Change Order was $ 2,172,428.50 The Contract Sum will be decreased by this Change Order in the amount of $ - 105,317.00 The new Contract Sum including this Change Order will be $ 2,067,111.50 The Contract Time will be increased by ZERO (0) days. The date of Substantial Completion as of the date of this Change Order therefore is 12/07/2010 NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. TERRA-SOLVE, INC. THATEN CONST., INC. CITY OF DENTON ARCHITECT (Firm name) CONTRACTOR (Firm name) OWNER (Firm name) 3216 COMMANDER DR., STE 103 CARROLLTON, TX 75006 ADDRESS 010v~'Ivc_ BY (Sign `ure) PERRY EVANS, PE, PG PO BOX 909 SANGER, TX 76266 D ~S BY (Signature) LINDA THATEN VICE PRESIDENT (Typed name) (Typed name) !/0 11/17/2010 DATE DATE 1251 SOUTH MAYHILL ROAD DENTON,TX AD S 117 ign ture) cl nm&E III, 6'gmma-LL (Typed name) 1210'712010 DATE AIA Document G701 TM - 2001. Copyright 0 1979, 1987, 2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas produced by AIA software at 15:31:25 an 11/1812010 under Order No.0604538652_1 which expires on 01/13/2011, and is not for resale. User Notes: (2020499792)