Ordinance No. 8,87620000323 -11
ORDINANCE NO. 8876
® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
TERMINATING A PORTION OF THE SERVICES TO BE PERFORMED
PURSUANT TO THE AMENDMENT DATED JUNE 2, 1998, TO THE
ENGINEERING SERVICES AGREEMENT WITH BUSCH HUTCHINSON AND
ASSOCIATES, INC.; AUTHORIZING THE CITY MANAGER TO ' EXECUTE A
LETTER AGREEMENT TERMINATING THE SAME; AUTHORIZING PAYMENT
BY THE CITY OF BAYTOWN IN THE AMOUNT OF EIGHTEEN THOUSAND
TWO HUNDRED THIRTY -FIVE AND 15 /100 DOLLARS ($18,235.15) FOR
SERVICES RENDERED TO DATE; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
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WHEREAS, on June 2, 1998, the City Council of the City of Baytown, Texas, authorized an
amendment (the "Amendment ") to the Engineering Services Agreement with Busch Hutchinson &
Associates, Inc. ( "BHA ") regarding the 1998 Municipal Street Rehabilitation Program (the "Program ");
and
WHEREAS, the Program included the reconstruction or asphalt overlay of several streets selected
by the 1991 Bond Committee; and
WHEREAS, because the Program included numerous streets, the Program was divided into four
phases, of which Phases 1 and 2 have been completed; Phase 3 has been advertised for bids and Phase 4
includes only West Main Street from Lee Drive to Barrymore Street; and
WHEREAS, because of the uncertainty of when additional funding will be available to address
the rehabilitation of the existing 18 -inch sanitary sewer line that parallels West Main Street and the higher
than anticipated cost to complete Phases 2 and 3, the City has requested BHA to submit invoices and
documents regarding the services performed to date; and
WHEREAS, BHA has submitted invoices, totaling EIGHTEEN THOUSAND TWO HUNDRED
THIRTY -FIVE AND 15 /100 DOLLARS ($18,235.15), for its services actually performed, which
represents approximately ninety percent (90 %) of total design work for Phase 4, along with all of its
documents concerning the design for West Main Street, including the following:
➢ pavement core sample tests,
➢ photographs of existing pavement and drainage conditions,
➢ marked -up CAD drawings of the plan and profile of West Main Street, and
➢ the proposed bid form with the estimated quantities; and
WHEREAS, the City Council hereby determines that it is in the best interest of the City of
Baytown to terminate the remaining portion of the services to be performed pursuant to the Amendment;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: All matters and facts set forth in the recitals above are found to be true and are
approved as the findings of the City Council of the City of Baytown.
Section 2: That the City Council of the City of Baytown, Texas, hereby terminates a portion
of the Amendment regarding the remaining engineering services required for the rehabilitation of West
Main Street from Lee Drive to Barrymore Street; and authorizes the City Manager to execute the letter
20000323 -11a
® agreement terminating the same, which is attached hereto and incorporated herein for all intents and
purposes.
Section 3: That the City Council of the City of Baytown authorizes payment to Busch
Hutchinson-& Associates, Inc., -in the-amount of EIGHTEEN THOUSAND TWO HUNDRED THIRTY -
FIVE AND 15 /100 DOLLARS ($18,235.15) for services rendered to date.
Section 4: 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 23rd day of March, 2000.
ATTEST:
4- ' j j "Ili
VWGA._jMITH, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, SR &Y Attorney
c:AM241 \6ty council\ ordinances \TerminatingBHAAgreement
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PETE C. ALFARO, Mayor
CITY OF BAYTOWN
2401 MARKET P.O. BOt eblU L�LOVX 77522 -0424 (281) 422 -8281 FAX (281) 420 -6586
zison & Associates, Inc.
Attn: Mr. Jim Hutchison, P.E.
1209 Decker Drive, Suite 100
Baytown, TX 77520
SUBJECT: 1998 Municipal Street Program — West Main Street
Dear Mr. Hutchison:
The higher than anticipated cost to complete Phases 1 thru 3 of the above project has adversely
impacted the City of Baytown's ability to complete West Main Street with the remaining fund
balance. West Main Street has been delayed because of the lack of funding necessary to
rehabilitate the existing 15 -inch lined sanitary sewer system located parallel to this street. The
indefinite date of when funding would be available to perform the sanitary sewer work and the
insufficient balance of funds to complete West Main Street within the current budget causes the
City to request your agreement to terminate the portion of the above contract regarding West
Main Street.
If you agree, please indicate so by signing below and returning this letter at your earliest
convenience. Termination will be effective on the date executed by the City Manager. Please
submit along with this letter all related documents completed to date and your final invoice for
the work performed on West Main Street.
If you have questions regarding the above, please, contact me at 420 -6545.
Sincerely,
Howard W. Wellspring III, P.E.
Director of Engineering and Inspection
I agree to the above termination of providing engineering services for West Main Street.
Mr. Jim Hutchison, P.E. Date
Mr. Monte Mercer, City Manager Date
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