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21-1070FILE REFERENCE FORM X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILE(S) Ordinance Created By 20-2063 Change Order No. 1 – Ordinance 21-1070 Date Initials 10/20/2020 1 cw 06/08/2021 CW ORDINANCE NO. 21-1070 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL CORPORATION. AUTHORIZING THE APPROVAL OF CHANGE ORDER NO. 1 TO THE CONTRACT BETWEEN THE CITY OF DENTON AND JOHN BURNS CONSTRUCTION COMPANY OF TEXAS, INC., FOR THE CONSTRUCTION OF THE HICKORY SUBSTATION UNDERGROUND TRANSMISSION AND DISTRIBUTION DUCT BANKS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 7420 – CHANGE ORDER NO. 1 1N THE NOT-TO-EXCEED AMOUNT OF $110,775.30, FOR A TOTAL CONTRACT AWARD AGGREGATED TO $922,146.00). WHEREAS, on October 20, 2020, by Ordinance No. 20-2063, the Council awarded a contract to John Burns Construction Company of Texas, Inc., in the amount of $811,370.70 for the construction of the Hickory Substation underground transmission and distribution duct banks ; and WHEREAS, the Staff having recommended, and the City Manager having recommended to the Council that a change order be authorized to amend such contract agreement with respect to the scope of work and a decrease in the payment amount; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Change Order No. 1, increasing the amount of the contract between the City and John Burns Construction Company of Texas, Inc., which is on file in the office of the Purchasing Agent, in the amount of One Hundred Ten Thousand Seven Hundred Seventy-Five and 30/100 ($ 110,775.30) dollars, is hereby approved and the expenditure of funds therefore is hereby authorized in accordance with said change order attached hereto. The total purchase order amount increases to $922, 146.00. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by '-'je_He n\\I :-S and seconded by B ,* -, CAr\ BeLL . The ordinance was passed and approved by thefollowing vote n - a : Aye V/ \/ V‘a V/-7- Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck. District 2: Jesse Davis. District 3 : Alison Maguire, District 4: Deb Armintor, At Large Place 5 : Paul Meltzer, At Large Place 6: PASSED AND APPROVED this th, g+b d,y of Th(\c ' 2021. GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY Jlltllllfl k.7/fP APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY CDigitally signed by Marcella Lunn DN: dc=com, dc=cityofdenton, Gr:ups, oCl=G:neral Government, ou=Legal, cn=Marcella Lunn, cityofdenton.com DocuSign Envelope ID: 7371 F8Fl-ID76-400C-BDF5-23991 1716B3D DENTON Docusign City Council Transmittal Coversheet RFP 1 7420 FileName HIckory substatIon Duct Bank Amendment 1 Purchasing Contact Ch'1 sta chrlstla - CityCo,,cil T„get Date JUNE 8 ’ 2021 Piggy Back Option Contract Expiration Ordinance Not App11cab1 e N/A 21-1070 DocuSign Envelope ID: 7371F8Fl-1 D7&400C-BDF$239911716B3D = goh= : : : ifI=T= F fiT;655 E. Main St. Lewisvilte, TX 75067 Matt Leazer, Estimator Driskell Tubbs, VP CHANGE ORDER NO. 1 PO #: Project Complete Date: 9/12/202 1 Date Prepared: 4/6/21 Other Funded CO's: $ LII-T01 City of Denton - Capital Projects DENTON 401 N. Elm Street Denton, TX 76201 Mark Zimrnerer. Project Manager Project: Hickory Substation TM Duct Bank IFB# 7420 NTP Date: 3/1 /2021 CIP/ENG# Contract BID Amount:$772.734.00 Prior Approved 5% Contingency Amoun $ Total NTE Amount : $ 38.636.70 81 1 .370.70 Current Contract Amount w CO's: $772.734.00 Prior Approved CAA's: Available Contingency: E This CAA Request: $ C,,ti,g,,,y R,m,i,i.g L This CO Other Funding Request: $ Total Change Request: S 11 0.775.30 149,432.0038.636.70 38,636.70 Original Contract Days: 0.00 Approved CO Days: 1 80 This CO Days Request: New Contract Days: 15 1 95 Work Days OJECT SCOPE AND by others. The steel casing will be installed and capped for the for the proposed water line on Bonnie Brae. Project Scope included in Contract: Reason for Requested Change Order : The steel casing must be installed prior to the electrical duct bank packages. The contractor who was to install the water line and casing defaulted and John Burn will install the steel casing. 0 Description of work IUOMl BID QTY 1 +1- QTY C ©7ANTlim®WTO EqBilirlal131a M UnIt PrIce I Extended PrIce 'OTAL CAA QTY CHANGES:NIM( x ;0.00 BIg@!@BI ContingencY funds are used at City's discretion per contract spec language OTHER FUNDED COQdllm/Fs 0 S TOTAL CAA NEW ITEMS:i ;38.636.70 +l. QTY I UnIt PrIce Extended Price O NEW ITEMS OF WORK x 1 Casing BOC w/ Temp Pavement Trench E@cavatiomr Extra time to pave separate lanes vs all at once Revised engineered traffic control plan e MEan@ 1.00 1 125 9 5rn4 7 1 lrIHER FUNDED NEW }TE,'MIS': 97,613.30 5,625.00 4,950.00 715.00 1,872.00 1 10.775.30 Is TOTAL TOtAL co AMOUNt:bi 49,412.00 Original BID/Contract Amount: Original Total Not to Exceed Amount: Total CAA's : Total CO's : Revised Contract Amount: % of CAA approved to-date : Total Change Order over original Bid: T $ 772,734.00 81 1 ,370.70 $38,636.70 $1 1 0,775.30 $922, 1 46.00 1 00.00% 1 9.34% Hickory Substation TM Duct Bank DocuSig L Percent Changes over NTE e updated by Purchasing if required THE AFOREMENTIONED CHANGE, AND WORK AFFECTED THEREBY, IS SURIECT TO ALL CONTRACT STIPULATIONS DocuSigned by: T 1 V E 1M /1\ N /!\ 1C=1 E R 1C) F U T I L I T 1 E S Mryy+ e :JRature ACCEPTED BY CONTRACTOR: Drlsko11 Tubbs Executive v1 ce Pres1 Name, Title –-""-"’'“Xignature 'Dcx:uSigned by: SMA HtML# mr RonRtor ACCEPTED BY EXECU CITY MANAGER CITY SECRETERYArrEST Signature DoeuStgned bv sig im Contractor Name Project Name - Phase CO#1 180,511.70 DocuSign Envelope ID burns P.0. BOX 1117 LEWISVILLE. TEXAS 75067 METRO (972) 434-6789 FAX NO (972) 221-8301 DRISKOLL TUBBS Executive Vice President MIKE BORSTAD Vice President - Operations CLAUDIA THOMAS Secretary JEROME P. KAMRADT Treasurer January 27, 202 1 Ann: Mark Zimmerer RE: 60” Steel Casing Install Dear Mr. Zimmerer, We are pleased to submit this proposal for construction of the following described work: Description of Work: 60” Steel Casing Location: Denton, Texas Quantities and Prices:SEE ATTACHED SHEETS FOR BREAKOUT OF UTILITIES Notes 1. In accordance with the Home Builders Association’s memo, we are not including State Sales Tax on the material on this project when the work is located in public right of way and easements. In event that there should be a reversal of the State Comptroller’s ruling which would cause tax to be paid, we reserve the right to submit you a bill for the tax. State sales tax is excluded from our bid. 2. We exclude the following: testing of our compaction and concrete; sleeves of any type; all overhead and underground franchise utility (telephone, gas, CATV, etc.) new installations, removals and/or relocations, except as indicated in bid items; demolition of existing site features, except as indicated in bid items; grass, landscape and irrigation removals or replacements. 3 . Bonds are not included in our bid. Trench safety is included in our price. 4. Our bid includes haul off of our utility spoils. 5. Our price includes excavation, required materials, backfill and embedment as required for the installation of our utilities. 6. We specifically exclude all water, waste water, storm sewer, gas, irrigation and irrigation repairs, trench drains, and landscape (including seeding, sodding and hydromulch) work from our bid, unless otherwise noted. 7. Erosion control systems are excluded from our quote. We will remove and replace devices installed by others, to perform our work, and provide advance documentation notice. All design, maintenance, final removals, SWPPP, NOI, NOT and other documentation is by others. 8. Should contaminated soils be discovered, work shall be stopped. We specifically exclude any haul off and or site remediation. We will recommence work when the site has been deemed clear and free of hazardous materials. 9. We do not include dewatering more than what one 2” pump will handle. Any dewatering measures greater than that will be considered a change order, jb WE ARE AN EQUAL BIB:YINITY CONTRACTOR DocuSign Envelope ID: 7371F8Fl-1 D76400C-BDF5-239911716B3D +++ This proposal is based on Plans prepared by Freese and Nichols dated 1/17/20. Our price is valid for 60 days after the date on the letterhead of this proposal. Plumbing fees, all permits, impact, pro-rata fees and city permit fees are not included in our price. JBCCO is committed to following all applicable standards set by the Occupational Safety and Hazard Administration (OSHA), Contractor acknowledges that JBCCO will follow the Fall Protection Standard 29 CFR 1926.501 (b)(7) Subpart M as related to excavations, which states, Each employee at the edge of an excavation 6 feet (1.8m) or more in depth shall be protected from falling by guardrail systems, fences, or barricades when the excavations are not readily seen because of plant growth or other visual barrier. OSHA Interpretation: 2The faII protection requirements in paragraph (b)(7)(ii) would not normally apply, since trenches usually are narrow and long, and so are not normally similar to "a well, pit, or shaft." Each employee at the edge of a well, pit, shaft, and similar excavation 6 feet (1.8m) or more in depth shall be protected from falling by guardrail systems, fences, barricades, or covers. Under these provisions, if the trench is not readily visible because of plant growth or other visual barrier, fall protection is required. Unless the trench is obscured from view, there is no requirement for fall protection to be provided. JBCCO will not use fall protection unless it meets the criteria above as stated in 1926.501(b)(7)(ii) Subpart M of the 29 CFR 1926 OSHA Construction Standards. This contract is subject to the Federal Contract Compliance of the United States Department of Labor under Executive Order # 11246, dated September, 1965. This proposal is on a unit price basis. This proposal is also based on all engineering, grades and alignments being furnished by the owner and/or general contractor, together with all necessary permits from the City, County, State or other interested parties. We exclude field engineering and layout for our work. This proposal or contract is subject to cancellation if a National Emergency should cause materials to become unavailable. Sincerely r\cMe Matt Leazer Lead Estimator jb WE ARE AN EQUAL £iEEuNlw CONTRACTOR b , i 1?: aM n==n== -AS 3VM® 3HNM©8 g:iE;g11 ! ! f E i :g ; ii g i e { i f&hin aj-a-Oil- a@ I. in P &,ne ,."'E 3-ri $# :wuAv Wt b"a - Ii\LU irl\n\ni '6 fn+N?znlx:RSrn;iA3 a+uX