2015-019ORDINANCE NO. 2015-019
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE APPROVAL OF
A FIRST AMENDMENT TO A CONTRACT WITH JAGOE- PUBLIC COMPANY FOR
ASPHALT AND CONCRETE STREET SECTIONS AND REPAIR SERVICES AND IN
ADDITION, TERMS AND CONDITIONS RELATING TO SNOW AND ICE MANAGEMENT
AND AN INCREASE IN THE PAYMENT AMOUNT; PROVIDING FOR THE EXPENDITURE
OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4974 - PROVIDING
FOR AN ADDITIONAL EXPENDITURE AMOUNT OF $1,875,000 WITH THE TOTAL
CONTRACT AMOUNT NOT -TO- EXCEED $9,375,000).
WHEREAS, on October 2, 2012, by Ordinance No. 2012 -261, the City awarded a public
works contract to Jagoe - Public Company, in the amount of $7,500,000 for asphalt and concrete street
sections and repairs; and
WHEREAS, the Staff having recommended, and the City Manager having recommended to
the Council that an amendment be authorized to amend such contract agreement with respect to the
scope of work and an increase in the payment amount, and said 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 First Amendment, increasing the amount of the contract between the City
and Jagoe - Public Company, which is on file in the office of the Purchasing Agent, in the amount of
One Million Eight Hundred Seventy Five Thousand and 0 /100 ($1,875,000) Dollars, is hereby
approved and the expenditure of funds therefor is hereby authorized in accordance with said
amendment. The total contract amount increases to $9,375,000.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: m.
3 day of 2015,
C, CIS WATTS, MAYc I
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
THE STATE OF TEXAS §
COUNTY OF DENTON §
FIRST AMENDMENT TO CONTRACT
BY AND BETWEEN THE CITY OF DENTON- TEXAS
AND JAGOE l'LJBLIC COMPANY
CONTRACT NO, 49741
THIS FIRST AMENDMENT TO CONTRACT 4974 ( "Amendment ") by and
between the City of Denton, Texas ( "City ") and Jagoe Public Company ( "Contractor ");
The CITY deems it necessary to further expand the goods /services provided by
CONTRACTOR to the CITY;
NOW THEREFORE,
1. Total Contract Amount of the Agreement is hereby amended to read as
follows:
"Total estimated amount of services shall not exceed $9,375,000 with unit
pricing as shown on Exhibit 1."
2. Add Exhibit 2 for Snow and Ice Management as shown in the attached.
All other provisions of the contract 4974, as heretofore amended, remain in full force and
effect.
IN WITNESS WHEREOF, the CITY and the CONTRACTOR, have each
executed this Amendment in three (3) original counterparts, by and through their
respective duly authorized representatives and officers on this the day of
e
20/5.
Contract 4974 — Amendment #I
"CITY"
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By: �� ...
GEOI7 , EWAMM1111M11, C9'mY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
7k
By'
111114., 1: AS 1'0 LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
�..
"CONTRACTOR"
JAGOE PUBLIC COMPANY
A Corporation
l `
B
y AUTHORIZED SI(..; 1
,�N "1..P R Li, TITLE
ATTEST:
Contract 4674 — Amendment #1
Page 2 of 4
Contract 4974
Exhibit 2
TERMS AND CONDITIONS
For Snow and Ice Management
1. JAGOE- PUBLIC COMPANY SHALL INDEMNIFY ONLY TO THE EXTENT OF ITS OWN NEGLIGENCE.
2. This work is for snow and ice management and not snow removal.
3. The work will be at the direction of the City of Denton.
4. In addition to the actual work performed, it is understood that preparation, mobilization, wait
time, preparation, as well as patrolling for the purpose preparation for the work are all billable
hours.
S. Jagoe does not represent itself as an expert in the field of snow and ice management.
6. Any items requested by the City and not included in the proposal shall be billed at reasonable
rates that include costs of ownership, maintenance, supplies, repair, fuel, lubricants and other
expendables. In addition, costs shall include the increased fuel cost associated with snow and
ice operations.
7. Operator costs are not included in the rental rates and shall be billed as separate labor rates as
agreed in SECTION 4.
8. Unless negligent in its' actions, Jagoe shall not be responsible for damage to existing or installed
property such as, but not limited to, streets, curbs, sidewalks, utilities, manholes, valves or valve
boxes, mailboxes, landscaping.
Page 3 of 4
Contract 4974
Exhibit 2
Jagoe - Public Company 12 -05 -2014
All rates are hourly unless stated otherwise
SECTION 1: TRUCKS
Pickups (Gas and Diesel) less than 1 ton 1 $20.00
Crew Pickups (Gas and Diesel) 1 ton
$25.00
10 CY Truck - Tandem Axle
$45.00
20 CY Truck and Trailers
$70.00
Haul Truck & Trailer
$70.00
SECTION 2: EXCAVATION EQUIPMENT (Model No is for CAT or equal size)
Motograder CAT 140
$85.00
Rubber Tire Loader CAT 938®
$75.00
Rubber Tire Backhoe CAT 420
$45.00
Skid Steer Loader CAT 256 _
$45.00
SECTION 3: Road Maintenance
Self Propelled Brooms
$40.00
Trailer Mount Arrow Boards
$5.00
Trailer Mount Message Signs
$8.00
Truck with Mounted Crash Attenuators
$45.00
Portable Light Towers
$8.00
SECTION 4: Labor with Insurance and Overhead
Supervisor
Crew Leader
_$85.00
$55.00
Equipment Operator 1
$45.00
Equipment Operator 2
$35.00
Labor - Skilled
$35.00
Labor - Common _
$30.00
Truck Driver Trailer or Tandem
$35.00
Truck Driver Equipment Haul
$35.00
SECTION 5: Subcontractors
Tandem
$70.00
Trailer
$95.00
Haul Truck & Trailer
$95.00
SECTION 6: Materials loaded FOB Jagoe Yard priced by the Ton
Manufactured Sand
$21.50,
Recycled Asphalt Pavement non - screened
$22.00
Recycled Asphalt Pavement screened
$26.00
Page 4 of 4