Ordinance No. 8,276980514 -9
ORDINANCE NO. 8276
® AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH LEM
CONSTRUCTION COMPANY, INC., TO ADJUST THE FINAL UNIT BID
QUANTITIES FOR THE REPLACEMENT OF THE CENTRAL DISTRICT'S
DIGESTER AERATION SYSTEM; AUTHORIZING FINAL PAYMENT OF THE
SUM OF FORTY -THREE THOUSAND SEVEN HUNDRED EIGHTY -SIX AND
10/100 DOLLARS ($43,786.10) TO LEM CONSTRUCTION COMPANY, INC.,
FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
WHEREAS, the City of Baytown contracted with LEM Construction Company, Inc., for the
replacement of the Central District's Digester Aeration System (the "Project "); and
WHEREAS, a change order in the amount FORTY -THREE THOUSAND SEVEN
HUNDRED EIGHTY -SIX AND 10 /100 DOLLARS ($43,786.10) to adjust the final unit bid
quantities is necessary to reflect the actual quantities used in the Project as well as the amount
remaining due to LEM Construction Company, Inc.; and
WHEREAS, all of the said improvements, as provided in the plans and specifications
heretofore prepared by the City's Engineer and as approved and adopted by the City Council have
been performed and completed in full accordance with all of the terms and conditions of the
aforesaid contract; and
WHEREAS, the City's Engineer in the manner provided by the terms of the said contract and
the plans and specifications thereof, has approved and accepted the work and improvements and has
heretofore issued his Certificate of Final Acceptance and has certified same to the City Council and
recommended that it accept and receive said work and improvements as constructed and completed
by Contractor; and
WHEREAS, there remains due and owing to LEM Construction Company, Inc., the sum of
FORTY -THREE THOUSAND SEVEN HUNDRED EIGHTY -SIX AND 10 /100 DOLLARS
($43,786.10); NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council does hereby authorize Change Order No. 1 with LEM
Construction Company, Inc., to adjust the final unit bid quantities for the replacement of the Central
District's Digester Aeration System. A copy of said change order is attached hereto, marked Exhibit
"A" and made a part hereof for all intents and purposes.
Section 2: That the City Council hereby accepts and approves the replacement of the
• Central District's Digester Aeration System and improvements, and finds and determines that all of
980514 -9a
® said improvements have been completed as provided in the plans and specifications thereof, and in
full accordance with all of the terms and provisions of the aforesaid contract.
Section 3: That the Certificate of Final 'Acceptance heretofore issued by the City's
Engineer and certified to the City Council is hereby accepted and received.
Section 4: That final payment to LEM Construction Company, Inc., in the amount of
FORTY -THREE THOUSAND SEVEN HUNDRED EIGHTY -SIX AND 10 /100 DOLLARS
($43,786.10) is hereby authorized.
Section 5: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City
of Baytown this the 14" day of May, 1998.
PETE C. ALFA O, Mayor
ATTEST:
EILEEI` .1P. HALL, City Clerk
APPROVED AS TO FORM:
4ftTlOe-=R�AAMIREZ, SR y Attorney
c:\MyDocumentsl Council \Meetings\ Mayl FinalPayChangeOrderReplaceCentra lDistDigesterAerationSystem 14.doc
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CHANGE ORDER NO. 1 & FINAL
April 30, 1998
Honorable Pete C. Alfaro, Mayor
and City Council
City of Baytown
P. O. Box 424
Baytown, Texas 77522
Subject: Request for approval of rates on labor and /or materials and /or equipment.
Contractor: LEM Construction Co., Inc.
Project: Removal and Replacement of Digester Aeration Equipment at Central District
Wastewater Treatment Plant, job No.- 044 -33, Contract No. 5, City of
Baytown Project No. 5211 - 85011 -95G42 -8501 1
Original Contract Amount As Executed: $254,000.00
Dear Mayor and City Council:
Your approval is requested on the following adjustment of unit bid price quantities, in order
to determine the adjusted Final Contract Amount.
Description
1. Overruns Item
2. Underrun Item No, 3
Total (Change Order No. 1 & FINAL)
Original Contract Amount
Final Contract Amount
EXurrent Proj%Change OrdersW44 -52 11 Change Order No. 2 d FINAL
EXH189 A
Cost
( +) $ 0.00
( -) $ 3,290.40
( -) $ 3,290.40
$254,000.00
$250,709.60
Change Order No. 1 & FINAL April 30, 1998
044 -33, Contract No. S Page 2
Original Contract Time
120 Calendar Days
Total Time with Extensions 120 Calendar Days
Change Order No. 1 & FINAL represents a 1.3% decrease in the Original Contract Amount.
Except as setforth hereinbefore, no conditions or covenants of the Contract are changed and /or
waived hereby.
SUBMITTED FOR APPROVAL:
LANGFORD ENGINEERING, INC
ACCEPTED:
LEM CONSTRUCTION CO., INC.
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Date: Mug
ug Date: )GG
APPROVED:
CITY OF BAYTOWN
in
Date:
•
Mr. Pete C. Alfaro
Mayor