Ordinance No. 8,769991123 -7
ORDINANCE NO. 8769
® AN ORDINANCE AUTHORIZING DEDUCT CHANGE ORDER NO. 1 WITH
WHITELAK, INCORPORATED TO ADJUST THE FINAL UNIT BID
QUANTITIES FOR THE 1998 DRAINAGE IMPROVEMENTS - CONTRACT
NO. 2; AUTHORIZING FINAL PAYMENT OF THE SUM OF ONE HUNDRED
ELEVEN THOUSAND NINE HUNDRED THIRTY -THREE AND NO /100
DOLLARS ($111,933.00) TO WHITELAK, INCORPORATED FOR SAID
PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, the City of Baytown contracted with Whitelak, Incorporated for the 1998
Drainage Improvements - Contract No. 2 (the "Project "); and
WHEREAS, a deduct change order in the amount of FOUR THOUSAND TWENTY -FIVE
AND NO /100 DOLLARS ($4,025.00) 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 Whitelak,
Incorporated; 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 1998 Drainage
Improvements - Contract No. 2 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 Whitelak, Incorporated the sum of ONE
HUNDRED ELEVEN THOUSAND NINE HUNDRED THIRTY -THREE AND NO /100
DOLLARS ($111,933.00); NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council does hereby authorize deduct Change Order No. 1 with
Whitelak, Incorporated to adjust the final unit bid quantities for the 1998 Drainage
Improvements - Contract No. 2. 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 above - described work
and improvements, and finds and determines that all of said improvements have been completed as
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991123 -7a
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 Whitelak, Incorporated in the amount of ONE
HUNDRED ELEVEN THOUSAND NINE HUNDRED THIRTY -THREE AND NO 1100
DOLLARS ($111,933.00) 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 23" day of November, 1999.
W,m e
PETE C. ALFARO, Mayor
ATTEST:
r ,
EILEEN P :14 .,LL City Clerk
APPROVED AS TO FORM:
- de� - - - - - -
CWAACIO RAMIREZ, S Attorney
cAMyDocuments \Counci 1\99 -00\ November \98 Drain ageImpry K2FinalPayChangeOrder l .doc
2
,dl`s ._,� '�,
WAYNE
SMITH
& ASSOCIATES
CITY OF BAYTOWN, TEXAS
BALANCING CHANGE ORDER
To
1998 Drainage Improvements, Contract No. 2
DATE: November 15, 1999
ENGINEER: Wayne Smith & Associates, Inc.
CONTRACTOR: Whitelak, Inc.
CONTRACT DATED: September 22, 1999
ORIGINAL CONTRACT AMOUNT: 115,958.00
PROJECT: 1998 Drainage Improvements
In accordance with Article 6 of the General Conditions of the Agreement, the Owner
has requested a change in the Contract Amount for the following reasons.
DESCRIPTION
Because the quantities comprising the original contract reflect estimated amounts, a
Balancing Change Order must be prepared at job completion amending the contract to agree
with the actual value of the installed facilities.
The accompanying tabulation lists the Bid Items which varied from original estimated
amounts. It lists the overrun and underrun quantities and cost of each item and then shows the
net overrun or underrun. This change order thus amends the contract by the net underrun
amount of ($4,025.00).
CONTRACT SUMMARY:
COST
Original Contract Amount ... ............................... $115,958.00
Balancing Change Order - Deduct .............................. ($4,025.00)
Amended Contract Amount ... ............................... $111,933.00
EXHIBIT A
11821 I -10 East Freeway, Suite 400 • Houston, Texas 77029 • Ph: (713) 450 -1300 • Fax: (713) 450 -1385
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CITY OF BAYTOWN
BALANCING CHANGE ORDER
November 15, 1999
Page 2
TIME OF COMPLETION
Original Contract Time ........ ............................... 50 W.D.
Original Completion Date .............................. December 13, 1999
Change in Contract Time ....... ............................... 00 W.D.
Amended Completion Date ............................. December 13, 1999
In consideration for the above change, it is mutually agreed that the contract price is decreased
by $4,025.00. Also, it is mutually understood and agreed that the time of completion for all
work is increased by 0 working days for a completion of 50 working days. Finally, it is
understood and agreed that this Change Order is a full and complete equitable adjustment and
constitutes compensation in full on behalf of the Contractor for all costs and markups directly
or indirectly attributable to the changes ordered herein for all delays and impacts related
thereto and for performance of the changes within the time stated.
RECOMMENDED FOR APPROVAL:
Wayne Smith & Associates, Inc.
By:
Date: if ) 4-- 99
APPROVED:
City of Baytown
Date:
AAC0NSTD0C\BAL- C0 -FRM. WPD
DISK 024 -036. Contract No. 2
Constriction Phase
File l6.]
AGREED:
Wh
Dat
U
i
n
CITY OF BAYTOWN
BALANCING CHANGE ORDER
WSA PROJECT NO. 024 - 0360 -4, CONTRACT NO. 2
DATE - 11/12/99
ITEM':
NO.
;;ORIGINAL.
QUANTITY
ACTUAL.,
A`
DIFFERENCE
+: OR ( -)
UNIT:-.
I PRICE
ADD OR
(DEDUCT)
t
1,933
1960.5
27.5
$6.00
$165.00
2
24
48
24
$10.00
$240.00
3
299
299
0
$10.00
$0.00
4
1,152
1046.5
-105.51
$10.00
(51,055.00)
5
103
104
1
$70.00
$70.00
6
300
291.5
-8.5
$140.00
(51,190.00)
7
10
16
6
$70.00
$420.00
8
52
52
0
$100.00
$0.00
9
1
1
0
$5,000.00
$0.00
10
2
2
0
$1,250.00
$0.00
11
4
4
0
1 $2,000.00
$0.00
12
0.08
0.08
0
520,000.00
$0.00
13
35
35
0
$50.00
$0.00
14
10
10
0
$25.00
$0.00
15
55
55
0
$15.00
$0.00
16
20
0
-20
$60.00
($1,200.00)
17
1
1
0
$1,000.00
$0.00
18
1
1
0
$1,500.00
$0.00
19
325
500
175
$5.00
$875.00
20
1
0
-1
$1,500.00
(51,500.00)
21
30
30
0
$100.00
$0.00
22
2
2
0
$1,000.00
$0.00
23
20
300
280
$5.00
$1,400.00
24
50
30
-20
$10.00
($200.00)
25
50
0
-50
$25.00
($1,250.00)
26
5
5
0
$20.00
$0.00 .
27
5
0
-5
$80.00
($400.00)
27
800
0
-800
$0.50
($400.00)
TOTAL OVERRUN $3,170.00
TOTAL UNDERRUN ($7,195.00)
NET ADJ. TO CONTRACT - DEDUCT ($4,025.00)
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