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2009-009ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NUMBER FOUR TO THE CONTRACT BETWEEN THE CITY OF DENTON AND ED BELL CONSTRUCTION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3929-WESTERN BLVD. PAVING AND DRAINAGE IMPROVEMENTS CHANGE ORDER NUMBER FOUR IN THE AMOUNT OF $89,895.60). WHEREAS, on January 8, 2008 by Ordinance No. 2008-013, the City awarded a public works contract to Ed Bell Construction, in the amount of $4,699,337.85 for the Western Blvd. Paving and Drainage Improvements project; 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 Four, increasing the amount of the contract between the City and Ed Bell Construction, which is on file in the office of the Purchasing Agent, in the amount of Eighty Nine Thousand Eight Hundred Ninety Five and 60/100 ($89,895.60) Dollars, is hereby approved and the expenditure of funds therefor is hereby authorized in accordance with said change order. The total purchase order amount increases to $4,833,998.85. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 2009. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: 1 APP OVED TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 6-0R d 3929 CITY OF DENTON CHANGE ORDER 1. Division (Department) 2. Purchase Order No. 3. Change Order No. CIP and Utility Engineering 86224 4 4. Name of Project 5. Project Acct No. 6. Date Prepared Western Boulevard Phase 1 350009432.1360.40100 12/18/08 7. Name and Address of Contractor Ed Bell Construction Company P.O. Box 540787 Dallas, Texas 75354-0787 8. Description of Work Included in Contra ct Construct 2of the ultimate 6 lane new concrete roadway from US 380 to Airport RD. Construct ultimate cross drainage structures and ditches and storm sewer on ultimate northbound lane. 9. Changes ordered and reason ordered The first part of this change order (Items A to G) provides pavement to the contractor to elevate the proposed Cindy Lane in order to drain the storm runoff to Dry Fork Creek. Since the natural topography is flat, there are segments that can only achieve a grade of 0.3%. Therefore, concrete flumes need to be added to the ditches in order to achieve positive drainage. If Cindy Lane is left as designed, the roadway would be inundated with water in a modest storm event. The second part of this changer order is to adjust the bid item quantities to reflect the actual work performed. (Ite ms H to R) 10. Contract Changes Bid Original Contract Revised Negotiated Original Revised Estimated Cost Item Estimated Unit Price Estimate C.O. Unit Estimated No Quantity Quantity Price Cost A.) Mobilization 2 1 400,000 1 8,498.02 400,000 408,498.02 B.) Rework Grading and Backfill New NA NA 1 12,269.99 NA 12,269.99 C.) Concrete Pilot Channel New NA NA 252.44 63.09 NA 15,926.72 D.) Type B HMAC PG 64-22 New NA NA 333 78.2 NA 26,040.60 E.) 2" TY-C HMAC'PG 64-22 New NA NA 1062 7.94 NA 8,432.28 F). Butt Jointing Milling New NA NA 46 103.5 NA 4,761.00 G) Lower existing RCP New NA NA 1 1282.4 NA 1,282.40 H) 5 Strand Barb Wire Fence 10 18350 2.28 19983 N/A 41,838.00 45,561.24 1) Temp Fencing 11 9800 1.45 2104 N/A 14,210.00 3,050.80 J) TY 1 Gate 12 4 213 8 N/A 852.00 1,704.00 K) TY 3 Gate 13 8 235 3 N/A 1,880.00 705.00 L) ASPH Drive Transition 22 81 22.2 120.34 N/A 1,798.20 2,671.55 M) Concrete Dumpster Pad 25 32 150 60.00 N/A 4,800.00 9,000.00 N) 3'x3' Junction Box 33 1 2100 0 N/A 2,100.00 - O) CL III RCP 18" 35 316 28 352 N/A 8,848.00 9,856.00 P) Junction Box 4'x4' 64 1 3000 2 N/A 3,000.00 6,000.00 Q) Junction Box 5'x5' 65 12 3600 14 N/A 43,200.00 50,400.00 R) Rock Rip Rap 74 1365 45 1504.16 N/A 61,425.00 67,687.20 TOTAL 583,951.20 673,846.80 11. Change Order # 4 Increase in Original Contract Price 4,699,337.85 contract price 89,895.60 Previous C.O. total $ 44,765.40 New Contract Price $ 4,833,998.85 Decrease in contract price 12. Contract time increased/decreased by 20 days. New contract time 187 days. THE AFOREMENTIONED CHANGE, AND WORK AFFECTED THEREBY, IS SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. 13. SUBMITTED BY: py~,a,u $ D~j rojec E in a Date. 14. ACCEPTED BY CITY ENGINEER: I gnatur Date 15. ACCEPTED BY CONTRACTOR: 7 RE 51 O£ ►-5 Ic Title Signature Date 16. ASSISTANT CITY MANAGER: 17. DIRECTOR OF UTILITIES: Sig ture Date ;414- ~~0~ Signature Date CONDITIONS OF APPROVAL: 18. PURCHASING/FINANCE: 19. COUNCIL APPROVAL (IF NEEDED) 9 Date Signature Date