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Res 11-34 Authorizing an Agreement for Change Orders 20 and 22 with TxDOT TOWN OF WESTLAKE RESOLUTION NO. 11-34 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO EXECUTE ADVANCED FUNDING AGREEMENTS FOR CHANGE ORDER NUMBERS 20 AND 22 WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR ENAHANCEMENTS RELATED TO FM 1938 CONSTRUCTION. WHEREAS, the Town of Westlake worked in partnership with the Cities of Southlake and Keller for the construction of FM 1938; and WHEREAS, Westlake desires to provide residents and commuters safe and aesthetically pleasing streets to travel; and, WHEREAS,Westlake desires to provide a attractive road enhancement project; and WHEREAS, the Town Council fords that the total Advanced Funding Agreements for Change Order numbers 20 and 22 provide for a cost savings to the Town; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the public. NOW,THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1. All matters stated in the Recitals above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2. The Town Council of the Town of Westlake hereby approves the agreements with the Texas Department of Transportation, for the construction of enhancements totaling ($63,417.46) related to the FM 1938 streetscape master plan, attached as Exhibits "A" and "B", and further authorizes the Town Manager to execute the agreements on behalf of the Town of Westlake, Texas. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 11-34 Page 1 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 14TH DAY OF NOVEMBER, 2011. C)I-- °fie Laur Wheat, Mayor ATTEST: Kelly Edw s, Town Secretary Torn Brymer, TVn Manager APPROVED TO FO L. nton Lo o n orney Resolution 11-34 Page 2 of 2 TEXAS DEPARTMENT OF TRANSPORTATION CONSTRUC77ON CONTRACT CHANGE ORDER NUMBER: 20 Advance Funding Agreement(Third Party Funding)Information This form is used when the subject change order involves funding by source other than WOW.&DOT, 1. Outside funding provided by: CCSJ: 1978-01-048 Town of Westlake (Outside EntRy-s Legal Name) Project. _STP 2009(880)MM 2.Type of outside funding agreement for this change: Highway. F.M.1938 E]F fisting []Amended IoNew County. Tarrant [+ieck one 1 3. Indicate the type and amount of funding; District. 02 Contract Fixed Price(Lump Sum) (Estimated Amount ) Number: 08093204 [ZAotuai Cast (a) Contract Items(Bid Items); 459,428.71 Use as needed': I hereby approve the mcdfications covered by Form CO (b) E&C`. (a)X 13-00% = -$7,725.73 for this Change Order and agree to finance the additional (c) Indirect Cost'": (a+b)x enter 1e Costs,it any,as reflected by this form. .. $p,®0 TOTAL enter Bio Advance Funding pate �1 -$67,154.44 t By TypeMrinted Name 7 1p'r y E fb TypediPrinted Title "The percentage(%)for E&C(Engineering and Ccntingenaes),charges vsrses frorn prgE ct to Prged trout appru4rnatgty 6%to T1%depending on the contract a aunt of the project.Pra(ects wdh higher Contract amourit VA have the[ewer rat=e of E&C charge For aspecific project,!-&C rate(%)can be derived from the-axt of`Engfnserlrig iand Contingerides trs the"Estimated Cost"ofthe_projpd. "Use the stat$wids district-rate as established by Hn.ance Division each year. This.9(na3(t.is for Servloo Project only, unless other"se specified in the Advance Funding Agreement See:" arxi:Atanr}tulan al; tae 96-2;or it�s#ru lons,. Advance Funding for this Change Order has been arranged: District Engineer Bate TypedfPrinnted Name: TXDOT Form CO-AFA(Rev.5-2003) Site"" Manager-, CHANGE ORDER NBR. 20 REPORT DATE: 08126111 d.a.x.�"s.ur.r.ti.M ns�;ti+,ware CONTRACTID: 197801048 HIGHWAY: FM 1938 unctions: — ---- PROJECT: STP 2009(880)MM DISTRICT: 02 ❑Extra Work ❑Force Account CONTRACT: 08093204 COUNTY: TARRANT AWARD AMOUNT: $15,244,$73.52 ❑Zera Dollar [❑Final'Quantity AREA ENGINEER: Ricardo Gonzalez,P.E. Overrun[Underrun ❑Change Project Limits PROJECTED AMOUNT: 515,293,573.53 AREA NUMBER: 052 ❑Time Adjustment ❑Delete/Add CSJ CONTRACTOR: ED BELL CONSTRUCTION COMPANY COAMOUNT: -$59,428.71 DESCRIPTION: Revising Westlake Fnhancements CO TYPE: FED LETTER OF RUTH-MINOR-NON-PART REASON: 113 16-INCORRECT PS&E(CONSULTANT DESIGN) 3RD PARTY AMOUNT: -$59,428,71 SECONDARY REASONS): 004D . 4D-THIRD PARTY ACCOMMODATION(OTHER) APPRV LEVEL, district Engineer DESCRIBE THE REASON FOR THE CHANGE€lRDERAND WHAT IS BEING CHANGED. WHEN NECESSARY,INCLUDE EXCEPTIONS TO THIS AGREEMENT: This change order will revise the cross walk widths at the Randol Mill and Dove Road intersections. It will also correct the alignment of the cross walk at the SolanalCapital Parkway intersections. Revised items were previously amended with the Change Order No. 14(140%Funded by the City of Westlake). NEW OR REVISED PLAN SHEETS: Revision('I}: 168A, 168D, 168F and 168M ADDITIONAL TIME NOT NEEDED "By signing this change order,the contractor agrees to waive any and all claims for additional'compensation due to any and ail rather expenses;additional changes for time, overhead and profit;or loss of oom nsatjon as a result of this change and that this agreement is made in accordance Item 4 and the Contract.Exceptions should be noted in explanation above." THE CONTRACTOR L� ti; BY: tb DISTRICT ENGINEER, �p— 1�— r ATE DATE TYPED;PRINTED NAME: 70 ! � DIRECTOR,CONSTRUCTION DIVISION: QATE DATE TYPEDIPRlNTEt7 TITLE: f l / � AED For Eng.Operations: 4 f AREA ENGINEER: DKE DATE,. r9 ` FHWA: DATE AREA ENGINEER'S SEAL: DATE {� k � tk ' Af CONTRACT ID 197801048 CHANGE ORDER NBR. 20 Page 2 of 3 CONTRACT ITEMS PROJECT NBR 19780104$ CATG LINE ITEM SP DESCRIPTION UNIT UNIT ORIG+PREY CITY NEW AMOUNT HEIR ITEM CODE NBR PRICE REV OTY THIS CO QTY THIS CO 001 0565 05282004 000 LANDSCAPE PAVERS SY 57.00000 1,587.000 -4.000 1,563.006 -5228.00 001 0566 05282023 000 COLOR TEXTURED CONC(SURFACE) SY 65,02000 4,943.500 -910.500 4,033.000 -$59,200.71 CHANGE ORDER AMOUNT 459,42$,71 CONTRACT ID 197$0104$ CHANGE ORDER NBR. 20 page 3 of 3 FUNDING SOURCES 1.Work Program: LOCAL Work Category: 3 Amount: -$59,428.71 TEXAS DEPARTMENT OF TRANSPORTATION CONSTRUCTION CONTRACT CHANGE ORDER NUMBER. 22 Advance Funding Agreement(Third Party F"nding)Information This form is used when the subject change order involves funding by a source other than TxDOT/LJ S.DOT. 1.Outside funding provided by: CCSJ: 1978-01-048 Town of Westlake (Outside Entitys Legal Name) Project: STP 2009(880)MM 2.Type of outside funding agreement for this change: Highway: F.M.1938 [�Existing ❑Amended [21 New County: Tarrant j Cbmk one] District: 02 3. Indicate the type and amount of funding: Contract ©Fixed Price{Lump Sum) (Estimated Amount ) Number: 08093204 JaAr;tual Cost (a) Contract Items(Sid Items): $3,307.06 Use as needed: I hereby approve the modifications covered by Far=CO (b) E&C": (a)X 13.00% = $429.92 for this Change Order and agree to finance the acifforal enter% costs,if ary,as reflected by this form. (c) Indirect Cast**: (a+b)x = $0.00 enter i Advance Funding Date k A 4-1 Zb1 TOTAL $3,736.98 9y �9 TypelPrtnted Name --��it TypedlPrinted Title i D-W n t t *The percentagee(%)forE&C.(I�ngineenng and Contingencies)charges variesfraprprojeettoptqed from awaximatefy ft to t 1%depend ft on the contract amount.af'fhe protect.Prpiects w&.k h ghercontract amount W t.have the lower rate of E&C charge_ Fora tspecirm project,E&C rate(%)can be derived ffom the cost of Engineering.and 3ontingenctes,sa the"Estimated Cost"of the project. —Use the statewide district rate es established by Finance DIVIsiDn each year. This line 3(c).is for Sen ace•Projept only, unless otherMse specifled-in the Advance Funding Agreemerit Seo aUgd A one lUanusll�gtipe 6-2 forsngrictIppa. Advance Funding for this Change Order has been arranged: District Engineer Date TypedlPrinnted Name: MOT Form CO-A,FA(Rev.3-2003) ��` .h.Fxnmm,MTr..,,p.tr,nPm, AtrEma"a gelr CHANGE ORDER NSR. 22 REPORT DATE: 10127/11 CONTRACT ID: 197801048 HIGHWAY: FM 1938 Functions: PROJECT: STP 2009(880)MM DISTRICT: 02 Extra WorkJ Force Account CONTRACT: 08093204 COUNTY: TARRANT ❑Zero Dollar El Final Quantity AWARD AMOUNT: $15,244,573.52 AREA ENGINEER: Ricardo Gonzalez,P.E. ®Over uniunderrun ❑Change Project Limits PROJECTED AMOUNT: $15,293,573.53 AREA NUMBER; 052 Time Adjustment ❑DeletelAdd CSJ CONTRACTOR: ED BELL CONSTRUCTION COMPANY CO AMOUNT: $3,307.06 DESCRIPTION: Add Cure Seal S to Color Textured Concrete CO TYPE: FED LETTER OF AUTH-MINOR-NON-PART REASON: 46 _ 4B-3RD PARTY REQUEST FOR ADDITIONAL WORK 3RD PARTY AMOUNT: $3,307.05 SECONDARY REASON(S): APPRV LEVEL: Area Engineer DESCRIBE THE REASON FOR THE CHANGE ORDER AND WHAT IS BEING CHANGED. WHEN NECESSARY,INCLUDE EXCEPTIONS TO THIS AGREEMENT: LIMITS; Entire Project DESCRIPTION:This.change order will revise the unit price for Item 528-2023"COLOR TEXTURED CONC(SURFACE)". The Town of Westlake requested a change in material from the original Super Clear sealer to Cure Seal S. The change is requested due to better performance and durability of the proposed material.The Town of Westlake will be responsible for 100%of the change order cost. NEW OR REVISED PLAN SHEET(S): None ADDITIONAL TIME NOT NEEDED "By signing this change order,the contractor agrees to waive any and all claims for additional compensation due to any and ail other expenses;additional changes for time, overhead and profit;or loss of comp sation as a res0 of this change and that this agreement is made in accordance item 4 and the Contract.Exceptions should be noted in explanation above." CONTRACTOR BY' f 13 1 DISTRICT ENGINEER: tt f _ ' a I !) f BATE l'j# �3 4. �, ( HAVE J r#IC7 r/ DATE FYPEDIPRINTED NAME, f,"00,7 A/i/a, — DIRECTOR,CONSTRUCTION DIVISION: DATE DATE PEDtPRINTED TITLE: _ IZ3111 AED For Eng.Operations: DATE 'A ENGINEER: f DATE ENGINEER'S SEAL: DATE M1�� kri s. 1 CONTRACT ID 197801048 CHANGE ORDER NSR. 22 Page 2 of 3 CONTRACT ITEMS PROJECT NSR 197801048 CATG LINE ITEM SP DESCRIPTION UNIT UNIT ORIG+PREV QTY NEW AMOUNT NSR ITEM CODE NSR PRICE REV QTY THIS CO QTY THIS 00 001 0566 05262023 COD COLOR TEXTURED CONC(SURFACE) SY 65.02600 4.033.000 -4,033 COD 0 00 -5262,225.66 001 0567 05282023 900 COLOR TEXTURED CONC(SURFACE) SY 65 84600 0.044 4,033.060 4,033.000 52E5.532 12 CHANGE OROER AMOUNT $ ,307.06 CONTRACTED 197801048 CHANGE ORDER NBR, 22 Page 3 of 3 FUNDING SOURCES 1,Work Program: LOCAL Work Category: 3 Amount: $3,307.06