2006-043
ORDINANCE NO. 2006- {FI}
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO PAY A THIRD-PARTY
FUNDED CHANGE ORDER TO THE TEXAS DEPARTMENT OF TRANSPORTATION
("TXDOT") PURSUANT TO THE LOCAL TRANSPORTATION PROJECT ADVANCE
FUNDING AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND THE
TEXAS DEPARTMENT OF TRANSPORTATION; SAID CHANGE ORDER BEING IN THE
AMOUNT OF $56,771.42, REGARDING THE OFF-SYSTEM BRIDGE REPLACEMENT
PROJECT LOCATED IN THE CITY OF DENTON, TEXAS AT FRAME STREET ON
PECAN CREEK, FOR THE W ASTEW ATER LINE RELOCATION TO BE PERFORMED BY
THE TXDOT CONTRACTOR;. PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; PROVIDING AN EFFECTIVE DATE.
WHEREAS, heretofore the City Council entered into a "Local Transportation Project
Advance Funding Agreement" ("Advance Funding Agreement") with the Texas Department of
Transportation ("TXDOT') for the replacement of the bridge located at Frame Street on Pecan
Creek; said Agreement was approved by the City Council on January 20,2004, in Ordinance No.
2003-256; and
WHEREAS, consistent with all TXDOT projects of this nature, the Advance Funding
Agreement established the rights and responsibilities for the parties to the Advance Funding
Agreement; the City was assigned the responsibility for the adjustment, removal, and relocation
of all utilities in conflict with the reconstructed bridge, which was the subject of the Advance
Funding Agreement. Utility and CIP Engineering personnel completed construction plans and
specifications for approximately 107 linear-feet of sanitary sewer relocation to be completed
before the demolishing of the existing bridge structure; provided the construction plans and
specifications to the construction contractor for TXDOT for solicitation of a proposal; and
WHEREAS, thereafter a bid was received by said contractor on this wastewater line
relocation on December 28, 2005; said bid was reviewed by staff, and the unit prices contained
in the bid compared favorably with staff estimates; and
WHEREAS, this project will be funded through a Certificate of Obligation issued by the
City; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. The City Council directs that the City Manager, or his designee, is hereby
authorized to pay the third-party funded change order of TXDOT, to TXDOT in the amount not
to exceed $56,771.42 for the wastewater line relocation activity regarding the off-system bridge
replacement project at Frame Street on Pecan Creek.
SECTION 2. The Purchasing Department is empowered to prepare, execute and deliver
any and all documents that are necessary and appropriate to process and facilitate the issuance of
payment to TXDOT.
SECTION 3. The City Manager, or his designee is authorized to expend funds pursuant
to this ordinance.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the JilL- day of (~~
,2006.
~~~dL
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
By~A ~
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