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Ordinance No. 9,444ORDINANCE N0, 9444 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO.4 WITH BUSCH HUTCHISON AND ASSOCIATES, INC., TO ADJUST THE FINAL UNIT BID QUANTITIES FOR THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE STATE HIGHWAY 146 LIFT STATION AND FORCE MAIN PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF FIVE THOUSAND SIX HUNDRED SIXTY -EIGHT AND 83/100 DOLLARS ($5,668.83) TO BUSCH HUTCHISON AND ASSOCIATES, INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, the City of Baytown contracted with Busch Hutchison and Associates, Inc., for the preparation of plans and specifications for the State Highway 146 Lift Station and Force Main Project (the "Project "); and WHEREAS, a change order in the amount of SIX THOUSAND FIVE HUNDRED FIFTY AND 77/100 DOLLARS ($6,550.77) to adjust the final unit bid quantities is necessary to reflect the actual quantities used in the Project; and WHEREAS, all of the said improvements, as provided in the plans and specifications heretofore prepared by the City 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 Engineer in the manner provided by the terms of the said contract and the plans and specifications thereof, has approved and accepted the preparation of plans and specifications for the State Highway 146 Lift Station and Force Main Project 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 Busch Hutchison and Associates, Inc., the sum of FIVE THOUSAND SIX HUNDRED SIXTY -EIGHT AND 83/100 DOLLARS ($5,668.83); 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. 4 with Busch Hutchison and Associates, Inc., to adjust the final unit bid quantities for the preparation ofplans and specifications for the State Highway 146 Lift Station and Force Main Project. A copy of said change order is attached hereto, marked Exhibii "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 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 Engineer and certified to the City Council is hereby accepted and received. Section 4: That final payment to Busch Hutchison and Associates, Inc., in the amount of FIVE THOUSAND SIX HUNDRED SIXTY -EIGHT AND 83/100 DOLLARS ($5,668.83) 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 10th day of October, 2002. — 11're r-- PETE C. ALFARO, Mayor ATTEST: GARY W. SMITH, City Clerk APPROVED AS TO FORM: 4tr4� Z�' ACIO RAMIREZ, SR., Cit ttomey ® F:U eanene\My Doe uments \CcunciNO2 -03\ October\ ChOrder49nalPayStateHwyI46liR Staticn&ForceMain doc 2 October 8, 2002 Change Order No. 4 SH 146 Lift Station and Force Main Project No. 52504- 99GO01 1. This contract for SH 146 Lift Station and Force Main, Project No. 52504- 99G001, Baytown, Texas, is modified as follows: Statement of Change Add $5,668.83 to basic services and reimbursable fees to adjust the contract to 9% of the final construction costs. 2. In consideration for the above change, it is mutually agreed that the Design and Construction budget is increased five thousand six hundred sixty eight dollars and eighty -three cents ($5,668.83). 3. Also, it is mutually understood and agreed that the time of performance remains the same. 4. 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 engineer 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. 5. Contract Summary Amended Contract Amount (Includes Previously Approved Change Orders 1 — 3) " $74,906.20 Change Order No. 4 5,668.83 Final Amended Contract Amount $80,575.03 ACCEPTED Busch, Hutchison & Associates, Inc. Authorized Officer Finance Director C7 Date APPROVED City of Baytown City Engineer Date City Manager EMIT A Date Date