23-1437ORDINANCE ND. 23-1437
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITYMANAGER. OR DESIGNEE, TO EXECUTE CHANGE ORDER NO. 2 TO THEEXISTING ADVANCED FUNDING AGREEMENT BETWEEN THE CITY OF DENTON
AND THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR THERELOCATION OF PUBLIC UTILITY FACILITIES ALONG FM 2181 FROM LILLIANMILLER PARKWAY TO WEST OF FM 2499 IN THE CITY OF DENTON, DENTONCOUNTY, TEXAS; PROVIDING AN EFFECTIVE DATE (CSJ 2054-02-015) – CHANGEORDER NO. 2 1N AN AMOUNT NOT TO EXCEED THE SUM OF $160,358.78 FOR ATOTAL CONTRACT AMOUNT AGGREGATED TO ($2,377,095.59); AUTHORIZINGTHE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVEDATE
WHEREAS, On July 18, 2017, Denton City Council authorized Ordinance No. 2017-
205 for an Advanced Funding Agreement by and between the City of Denton (“City”) and the
Texas Department of Transportation (“TxDOT”) for relocation of public utility facilities along FM2181 from Lillian Miller Parkway to west of FM 24999 in Denton County, (CSJ 2054-02-015);and
WHEREAS, the original Advanced Funding Agreement (“AFA”) provided local fundingin the amount of $2,159,829.03; and
WHEREAS, on June 28, 2022 an additional $56,907.78 of local funding was approved by
City Council (Ordinance 22-1283) to be paid to TxDOT for Change Order No 1; and
WHEREAS, TxDOT has requested two change requests for 1) change request #30
including demolition and abandonment of an existing air relief vault and the lowering ofmanholes
to the proposed paving grade and 2) change request #12 including installation of 805 linear feet of
24” PVC force main pipe that were submitted by TxDOT for work beyond the original AFA scope;and
WHEREAS, the City Council finds it in the public interest and desires to authorize the
City Manager, or designee the authority to execute Change Order No. 2 in an amount not to exceed
the sum of $160,358.78 for a total contract amount aggregated to ($2,377,095.59) for the AFA
project
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference as true and as if fully set forth in the body of this ordinance.
SECTION 2. Change Order No. 2, increasing the amount of the contract between City
and Texas Department of Transportation in the amount One Hundred Sixty Thousand, Three
Hundred Fifty-Eight and 78/00 Dollars ($160,358.78), is hereby approved and the expenditures
of funds therefore is hereby authorized in accordance with said change order. The total purchase
order amount increases to $2,377,095.59.
SECTION 3. The City Manager, or designee, is hereby authorized to execute on behalf
of the City, Change Order No 2 with the Texas Department of Transportation, a copy of which isattached hereto as Exhibit " A" and made a part hereof for all purposes.
SECTION 4. The City Manager is further authorized to carry out all duties and agreements
to be performed by the City under the AFA, including but not limited to, the expenditure of funds.
SECTION 5. The City Manager, or designee, is the City’s designated, authorized official,
with the power to authorize, accept, reject, alter or terminate the AFA on behalf of the City and
act on behalf of the City of Denton in all matters related to the AFA and any subsequent agreements
that may result.
SECTION 6. This Ordinance shall become effective immediately upon its passage andapproval.
The motion to approve this Ordinance was made by Be,,,,. Bec IC and
seconded by R\, I neIL, r . This Ordinance was passed and approved by
the following vote E - U Aye/J--L,/Z./7
Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck, District 2:
Paul Meltzer, District 3 :
Joe Holland, District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:
PASSED AND APPROVED this the ISt- d,y ,f AbSvs +_, 2023.
N
At1111111/
ATTEST:
JESUS SALAZAR, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
EXHIBIT A
City of Denton - Capital Projects401 N. Elm StreetDenton, TX 76201
Kyle Pedigo, Project Manager
Texas Department of Transportation4777 E. Hwy. 80
Mesquite, TX 751 50
Stacy ClackDENTON
Project: FM-2381 Teasley TxDOT Improvements CHANGE ORDER NO.2
IFB# NA
o
1 /0/ 1 900
Co-ntract BID AMI
Contingency Amount:
CIP/ENG# 880020Mr HMm@#VALUE!
PO #:
e
# VALUE!
:$
$
$
:$1
$0.00
2. 1 59.829.03
Prior Approved O@Jnd@'s:Current Contract Amount w CO's:
This CO Other Funding Request:
Total Change Request:
6
2,21 6,736.8 1
160,358.78Total NTE Amount :
Prior Approved CAA's:
Available Contingency:
This CAA Request:
$£
$
$
160,358.78
M
WHl•Orig Contract Days:This CO Days Request:
Contingency Remaining:lroved CO Days:New Contract Days:
==aqRg£lgMailincluded in Contract
0 JECT SC0 D 0 N FOR CHANGE
Utility relocations associated with TxDOT widening of FM-2181 from Wind River to Barrel Strap
12
30
T;;
Added 24" force main per previous City Engineer's request in 2018
Demolition required for ARV and manhole conflicting with TxDOT pavement plan. Not caught in utility relocaiton plans.CONTINGENCY ALI OWANCE AUTHORIZEDwnEiwn7E}C NTRACT CHANGES
No. 1 Spec. Section No.Description of work UOM I BID QTYI +l. QTY I Unit Price I Extended Price
mlmi£S
OTHER FUNDED CONTRACT CHANGES (COI
QIWhITY denaII:alllIB
Spec. Section No.Description of work UOM IBID QTYI +1- QTY Unit Price Extended Price
T[:IgElli:M•Ime]M> or TTIEg!!Hala
;0.00
@M
1
13
20
21
Roo 1160,358.78
TOTAL CO AMOUNT:,160,358.78
Original BID/Contract Amount:Original Not To Exceed Amount:Total CAA's:
Total C:O's:
Revised Contract Amount:
% of CAA Approved To-Date:otal Change Order over Original Bid:Percent Changes over NTE:
$ 2, 159,829.03
$ 2, 1 59,829.03
$ -
$ 217,266.56
$2,377.095.59
10.06%
1 0.06%
De updated by Purchasing if required
THE AFOREMENTIONED CHANGE, AND WORK AFFECTLEITIS SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS.
Project Manager
Signature
Signature
Signature
Signature
Signature
Signature
ACCEPTED BY CITY ENGINEER/DIRECTOR OF CAPITAL PROJECTS
ACCEPTED BY CONTRACTOR
CITY SECRETERY
Name, Title
APPROVED AS TO LEGAL FORM