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2012-090ORDINANCE NO. 2012-090 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NUMBER SIX TO THE CONTRACT BETWEEN THE CITY OF DENTON AND LANDMARK STRUCTURES I, L.P.; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4207-ROSELAWN ELEVATED STOR.AGE TANK CHANGE ORDER NUMBER SIX 1N THE AMOUNT OF ($60,000) FOR A TOTAL CONTRACT AWARD OF $5,136,302). WHEREAS, on January 13, 2009 by Ordinance No. 2009-020, the City awarded a public works contract to Landmark Structures I, L.P., in the amount of $5,146,000 for the construction of the Roselawn Elevated Storage Tank and Change Orders One through Five totaling $50,302 have been previously approved; 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 a decrease 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 No. Six, decreasing the amount of the professional services agreement between the City and Landmark Structures I, L.P., which is on file in the office of the Purchasing Agent, in the negative amount of Sixty Thousand and 00/100 -($60,000.00) 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 $5,136,302. SECTION 2. The City Council of the City of Denton, Texas hereby expressly delegates the authority to talce any actions that may be required or permitted to be performed by the City of Denton under Bid 4207 to the City Manager of the City of Denton, Texas, or his designee. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. �� �/ PASSED AND APPROVED this the I J� day of // , 2012. � ��� MARK A. BURROUGI� , MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: �' �� � CITY OF DENTON, TEXAS ROSELAWN ELEVATED STORAGE TANK BID NO. 4207 CHANGE ORDER NO. 6 A. INTENT OF CHANGE ORDER The intent of this change order is to modify the provisions of the contract entered into between the City of Denton, Texas and Landmark Structures I, L.P., 1665 Harmon Road, Fort Worth, Texas 76177, for construction of the Roselawn Elevated Storage Tank, dated January 13, 2009. B. DESCRIPTION OF CHANGE This change order revises contract items outlined below and provides for new contract terms related to the remedy of the interior coating system workmanship issues. 1. The interior coating systein workmanship defects are to be remedied in accordance with Landmark Structures I, L.P. Coatings Plan — Re�air of Interior Coatin�Svstem (Rev 2012.01.12) attached hereto and made a part of this Change Order No. 6. 2. The lump sum unit price for the 3-MG Elevated Storage Tank (Pay Item No. lA) is hereby reduced by $60,000. The revised Item lA lump sum amount is now $5,005,000. 3. Refer to the City of Denton's Special Provisions to the General Provisions, Item 1.27.4 — Snecial Warrantv of the project specifications, as modified by Change Order No. 3, dated Ju1y 19, 2010. Add the following paragraph to this contract item: "All work related to the interior coating system, whether original work or defective work repaired under this change order, shall be warranted against defective workmanship and materials for a period of five (5) years beyond the original two (2) years bonded warranty. The extended five (5) years warranty will not be insured by a maintenance bond." C. EFFECT OF CHANGE ON CONTRACT AMOUNT This change order will have the following effect on the cost of this project: Original Contract Amount: Change Order No. 1 Change Order No. 2 Change Order No. 3 Change Order No. 4 Change Order No. 5 Change Order No. 6 Revised Contract Amount: $ 5,146,000.00 $ 24,800.00 Not Used $ (3,128.00) $ 4,400.00 $ 24,230.00 $ (60,000.00) $ 5,136,302.00 j:�clericallden[on�2007-147mselawnes[�specs\changeorders\changeorderno.6�co-6.docx - 1- C12Q72gB �YCtCiN0. 6 D. EFFECT OF CHANGE ON CONTRACT TIME The work required under this change order will add 296 additional days for Substantial Completion and 221 additional days for Final Completion. Original Contract Time Change Order No. 1 Change Order No. 2 Change Order No. 3 Change Order No. 4 Change Order No. 5 Change Order No. 6 Revised Contract Time: Substantial Completion 500 Calendar Days 0 Calendar Days NOT USED 353 Calendar Days 0 Calendar Days 15 Calendar Days 296 Calendar Days 1164 Calendar Days Final Completion 590 Calendar Days 0 Calendar Days NOT USED 353 Calendar Days 0 Calendar Days 0 Calendar Days 221 Calendar Days 1164 Calendar Days Based on the contract start work date of February 23, 2009, the effect of change on contract time above establishes the Substantial Completion date and the Final Completion date as May l, 2012. E. AGREEMENT By the signatures below of duly authorized agents, the City of Denton, Texas and Landmark Structures I, L.P., do hereby agree to append this Change Order No. 6 to the original contract between themselves, dated January 13, 2009. City of Denton Owner By: 2� (si ature) - Name: �Inti o�. Y ( ��? e (pl ase print) Title: �j,l 1�5�G. w� D !►�ec'��� � � �'�J��/' (please print) Date: �� � J � �� By ; l .�- e rge C. Campbell C ity_>:Manag�r Date : ✓'��`{� � Landmark Structures I, L.P. Contractor By: (signature) Name: �(p Enl � �I-�1�5-1� t � (please print) Title: �RD�-r � � „q�,� (please print) Date: z//!� J 1 Z j:�cicricalldcn[on12007-147 roselawn estkpecslchange orde�\change order no. 6�co-6.docx - 2- C�IQYlgC �YCZEY NO. 6 ,:� . Coatings Plan — Repair af Interior System City af Denton Raselawn Elevated Tank Repair and Coatings Completion Operations 1. Areas of Low Coatin�s Thickness (below specified 13 mils DFT minimum) Identify areas of low coating thickness and mark with blue masking tape or other means. i. Identification work will be performed on the interior roof flats and roof ribs. It has been determined via exhaustive testing that these are the only areas with localized, isolated areas of low coating film thickness. There were no low readings on the tank shell or cone. There was one reading of 12_9 mils DFT found on the floor (13 mils DFT specified}. ii. Single mil gauge readings wilt be taken on the interior roof and rafters surFaces to locate any areas not meeting the specified minimum 13 mils DFT_ When a low DFf reading is found, subsequent readings will be made every two inches in all directions from the initial low reading and in sufficient quantity to ensure that the extent of the low DFT area is identified and marked for repair. b. Confirm additional coating film thickness required to meet the minimum specified 13 mils DFT based on readings at that location. c. Prepare the surfaces for additional coatings by hand sanding to create a mechanical profile. d. Blow off areas sanded with clean and dry compressed air. e. Inspection (hold point) of prepared surfaces. f. Apply Duraplate 235 PW in coats of 3.0 to 6.0 mils DFT as required to meet the minimum 13 mils DFT. See attached datasheet and material selection notes below. g. Inspection (confirmation) - check �FT �f repaired areas. h. Cure coating per manufacturer's recommendations. 2. Drip, Runs and Sa�s (that are detrimental to coating film) a. Identify, by visual inspection, areas of drips runs and sags that are detrimental to coating film and mark with blue masking tape or other means. Drips and runs that are hard cured are not considered detrimental to the coating film and do not require repair. b. Uncured and "soft to the touch" drips/runs and any sags will be repaired as follows: 1) Remove the identified issue by either hand or power tool cleaning. 2) Prepare the surfaces for additional coatings by hand sanding to create a mechanical profile and feather the edges of the repair area back to sound coating film. 3) Blow off areas sanded with clean and dry compressed air. 4) Inspection (hold point) of prepared surfaces. Coatings Plan — Repair of Interior System (Rev 2412.01.12) Page 1 of 4 City of Denton Roselawn Elevated Tank j:\clerica]\den[on12007-]47 roselawn es[lspecslchange orders\change order no. 6ko-6.docx - 3- C%2Q1ZgC �)Y.�2Y NO. 6 5) Apply Duraplat� 235 PW in coats of 3.0 to 6.0 mils DFT as required to meet the minimum 13 mils bFT_ 6J Inspection (confirmation) -check DFT of repaired areas. 7) Cure coating per manufacturer's recommendations. 3. Areas of oversprav on coatin� surFace a. Cone Based on prior inspection and testing, some areas have been identified with very small dry fall particulates tightly adhered to the surface. It is not anticipated that there will be areas of loose or unsound overspray on the cone. However if any areas are identified by visual inspection, the loose or unsound overspray will be removed by lightly hand or pole sanding. b. 5hell / Vertical Wall Some areas on the shell have been identified by visual inspection where there is loose or unsound overspray and dry fall material. These areas will be lightly hand or pole sanded to remove loose and unsound material. Any material that is tightly adhered and not removed by light hand or pole sanding will be considered sound and will remain in place. c. Roof and Floor Based on prior inspection and testing, it is not anticipated that there are areas of loose or unsound overspray on the roof or floor. However if any areas are identified by visual inspection, the loose or unsound overspray will be removed by lightly hand or pole sanding. 4. MiscellaneousTouch Ups a. Indentify, by visual inspection, areas where coating film needs touch ups and mark with blue masking tape or other means. This includes any scuff marks or damages caused by the testing, observation, repair work outlined above and the areas where the adhesion dollies are removed. b. Prepare the surfaces for additional coatings by hand sanding to create a mechanical profile and feather the edges of the repair area back to sound coating film. c. Blow ofFareas sanded with clean and dry compressed air. d. Inspection (hold point) of prepared surfaces. e. Apply duraplate 235 PW in coats of 3.0 to 6.0 mils DFT as required to meet the minimum 13 mils D FT. f. Inspection �confirmation) - check DFT of repaired areas_ g. Cure coating per manufacturer's recommendations. 5. Pressure Wash Pressure wash entire interior surface in preparation for holiday and final inspection (after repairs are made)_ 6_ Holidav test and final tank interior inspection Coatings Plan — Repair of Interior System (Rev 2012.d1.12) Page 2 of 4 City of Denton Roselawn Elevated Tank j:�cledcalWcnron12007-147 roselawn est�specslchange orde�\change order no. 6�co-6.docx - 4- CjIQYEgC �YCZ2Y ND. 6 After all work interior coating system work is complete and considered final by contractor and subcontractor. Coating Material Selection Coating materials currently approved are Duraplate UHS and Macropoxy 646 (roof areas) There are some limitations associated with these products that warrant utilizing an alternate product for the touch ups. A summary of those limitations are as follows: 1. Most repairs that require the addition of coatings are located at the roof and rafters. These locations require the addition of 3.0 to 5.0 mils DFT. Spray applicatian of Duraplate U HS is problematic at this thickness range. 2. There are also limitations of using the plural component equipment in the tight areas of the roofJrafters, resulting in the substitution of Macropoxy 646. Due to temperature limitations, Macropoxy 646 is not recommended as a substitute coating material. 3. Brush and raller is the preferred applicati�n method t4 better control the coatings thickness and potential overspray issues. 4. The standard version of Duraplate UHS has a lower temperature threshold of 50°F for the steel surface and ambient air in the tank. Given the time of year when these repairs will be made it is very unlikely that temperatures will be in this range. 5. A low temperature version of Duraplate U HS has a lower temperature threshold of 40°F for the steel surface and ambient air in the tank. Given the time of year when these repairs will be made, it is likely that temperature conditions would be pushing the lower limits of the product application recommendations. Also, the low temperature version of Duraplate UHS has an extremely short pot life requiring spray application —which is not recommended for repairs. Duraplate 235 is proposed in lieu of Duraplate UHS or Macropoxy 646 due to the above limitations and the following reasons: 1. Duraplate 235 is recommended by the manufacturer for this application. See attached letter from Sherwin Williams. 2. Duraplate 235 is better suited for low mil DFT application. 3. The lower temperature threshold for Duraplate 235 is 0°F for both surFace and ambient air in the tank. 4. Brush and roller application within the published temperature range is not an issue for this product_ 5. The anticipated ambient weather conditions will not be pushing the lower limits of the application recommendations set by Sherwin Williams_ Proceeding with the substitution of Duraplate 235 as the coating material for repairs will provide the best possi6le opportunity for completing the required repairs successfully. Coatings Plan — Repair of Interior System (Rev 2012.01.12) Page 3 of 4 City of Denton Roselawn Elevated Tank j:lclericallden[on�2007-147 roselawn estlSpecs�change orders\change order no. 6�co-6.docx --S - Ci2RrigC �IYZEY IVO. 6 Arnbient Conditions Management: Coatings repairs performed without the use of dehumidification equipment: 1. Duraplate 235 {proposed coating material) does not require dehumidification for application or cure. 2. If conditions are not within the requirements of the product datasheet, coating will not be applied. 3. Dehumidification of the tank interior provides an advantage during the blasting, priming, and application of high solids coating systems on large square footage projQCts. The areas that will be repaired are very small and in a limited number of locations. 4. The work is anticipated to be performed in the colder weather months of the year in which the relatively humidity is well within the manufacturers requirements. Coatings Plan — Repair of Interior System (Rev 2D12.01.12) City of Denton Roselawn Elevated Tank Page 4 of 4 j:lclericalWenron12007-147 roselawn esl�specs\change orders\changc ordcr no. 61co-6.docx - 6- C{IQYLgC QY(�CT lVO. 6 ,���'�wt�-tlflli�t���r� . �t Pra#eetive & Marine Coatin.gs Kevin Marris Global Mazket Director, Water & Wastewater 103 Nutwood Driue Jamestown, NC 27282 Landmark StrucLiares 1665 Harman Raad Fort �Uorth, T� 76177 Date: January 17, 2Q12 Re: Coa�ings Plan — Repair of Interior System City of Denton Roselav�rn Elevated Tank Mr. Ta11ey, This letter sha11 serve as receipt that Sherw�in-Williams has reviewed your caa#ing repair plan far the project listed above and are in agreement with the use of our Dura.-Plate 235 NSF Epoxy as the best suited praduct far this reiaair. The Dura-Plate 235 wi11 provide you �rith: 1. Better brush and rall application than the Dura.-Plate UHS p�roduct 2. Does not require the use of plural component equipment 3. Is better suited for lower dft applications than the Dura-Plate UHS product 4. Curing in the widest range af temperature conditians over our other products S. Maximum humidity of 85% during application prevents the need for DH equipment If I can be of fiarther assistance in this matter do not hesit�.te to contact me @+1-336- 307-5048. Sincerely, K evin L . 1\Ilorris Kevin L. Ma1�-is Global Market Director, Water and Wastevv�ater The Sh�.-w�in-Williasns Carnpany Protective & Marine Coatings Division j:\c]ericandenlon120 07-1 47 mselawn esAspecslchange orders\charige order no. 6�co-6.docx -%- C%2Q72g2 �YCt27' i�0. 6