Ordinance No. 9,784ORDINANCE NO. 9784
® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING DEDUCT CHANGE ORDER NO. 1 WITH CANYON
CONSTRUCTION COMPANY, INC., TO ADJUST THE FINAL UNIT BID
QUANTITIES FOR STATE HIGHWAY 99 UTILITY RELOCATION PROJECT;
AUTHORIZING FINAL PAYMENT OF THE SUM OF FOURTEEN THOUSAND
SIX HUNDRED SIXTY -FOUR AND 64/100 DOLLARS ($14,664.64) TO
CANYON CONSTRUCTION COMPANY, INC., FOR SAID PROJECT; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, the City of Baytown contracted with Canyon Construction Company, Inc., for
the State Highway 99 Utility Relocation Project (the "Project "); and
WHEREAS, a deduct change order in the amount of THIRTY -ONE THOUSAND THIRTY -
SIX AND 64/100 DOLLARS ($31,036.64) 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'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 State Highway 99 Utility
Relocation 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 Canyon Construction Company, Inc., the sum of
FOURTEEN THOUSAND SIX HUNDRED SIXTY -FOUR AND 64/100 DOLLARS ($14,664.64);
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
Canyon Construction Company., Inc., to adjust the final unit bid quantities for the State Highway 99
Utility Relocation Project. A copy of said deduct 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
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 Canyon Construction Company, Inc., in the amount of
FOURTEEN THOUSAND SIX HUNDRED SIXTY -FOUR AND 64/100 DOLLARS ($14,664.64)
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 22nd day of April, 2004.
%f�- ( 4V
PETE C. ALFARO, Mayor
ATTEST:
r"'14 A I o �-11 -
G )FRY SPAITH, City Clerk
APPROVED AS TO FORM:
J(JKACI0 RAMIREZ, SR ty Attorney
9 FAKaren\Files \City Council\ Ordinances\ ChangeOrderandFinal Pay4Highway99ReloationProject .doc
2
E h SCL
® ENGINEERING
0
CITY OF BAYTOWN
CHANGE ORDER NO. 1
TO
S,H. 99 UTILITY RELOCATIONS
DATE: April 6, 2004
ENGINEER: SCL Engineering
CONTRACTOR: Canyon Construction Company, Inc.
CONTRACT DATED: December 5, 2003
ORIGINAL CONTRACT AMOUNT: $177,683.00
SCL PROJECT NO. 024- 0450 -4
Because the quantities comprising the original contract were estimated, a change order is
prepared at job completion amending the contract to agree with the actual value of the installed
facilities.
DESCRIPTION
0 This Change Order is prepared to deduct portions of Bid Items and Supplementary Bid
Items not required during construction of this project as listed on the attached tabulation.
SCL Engineering recommends that the Owner accept this Change Order for a deduct to
the contract of <$31,036.64 >.
CONTRACT SUMMARY
COST
Original Contract Amount ............... I ..................... $177,683.00
Change Order No. l - Deduct .... ............................... <$31,036.64 >
Amended Contract Amount ..... ............................... $146,646.36
EMIT A
11821 East Freeway • Suite 400 Houston, Texas 77029 713.450.1300 Fax 713.450.1385 • www.sciengineefing.net
CITY OF BAYTOWN
CHANGE ORDER NO. 1
April 6, 2004
Page 2
TIME OF COMPLETION
Original Contract Time .............. ............................... 60 C.D.
Change Order No.I - Add ........... ............................... 50 C.D.
Amended Contract Time .................. .. ....... I............... 110 C.D.
Original Contract Completion Date ........................... February 16, 2004
Amended Contract Completion Date ............................. April 10, 2004
In consideration for the above change, it is mutually agreed that the contract price is changed to
$146,646.36. Also, it is mutually understood and agreed that the time of completion for all work
is changed for a completion time of 1 10 calendar 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:
SCL Engin en g
By:
Date: 4:�Pkl
APPROVED:
City of Baytown
Date:
SX ONSTRUCTIOMCLIENTS M4\043MCONSTDOCW24- 0450- BALCO# 1.DOC
•
AGREED:
Canyon Construction Co., Inc.
By:
Date:
•
•
CITY OF BAYTOWN
CHANGE ORDER NO. 1 (BALANCING)
SCL PROJECT NO. 024-0450-4
DATE: April 6, 2004
�At- T.'
OW
tj?4.T.
I x
PR
1
75
75
0
$118.76
0.00
2
75
75
0
$94.76
0.00
3,
256
256
0
$83.98
0.00
41
256
256
0
$72.06
0.00
51
405
405
0
$84.76
0.00
6
390
390
.0
$43.64
0.00
7
2
2
0
$5,196.86
0.00
8
2
2
0
$1,431.79
0.00
9
2
2
0
$4,480.46
0.00
10
1
1
0
$2,087.34
0.00
11
1,100
0
-1,100
$0.93
(1,023.00)
12
2
2
01
$5,258.89
0.00
13
2
2
01
$2,257.691
0.00
;f,4
§,QPPx(,KM�!_4TWITEM
14a,
10
0
-10
$10.00
(100.00)
14bl
4
0
-4
$25.00
(100.00)
14c
1
0
.1
$20.00
(20.00)
14d
5
0
-5
$80.00
(400.00)
14e
1
0
-1
$300.00
(300.00)
14f
21
01
-21
$11,554.91
(23,109.82)
14g
21
01
-21
$2,991,911
(5,983.82)1
EXCEL-024-0450 BALCO#l.xls
TOTAL OVERRUNS 0.00
TOTAL UNDERRUNS (31,036.64)
NET ADJUSTMENT TO CONTRACT - DEDUCT (31,036.64)
U
•
•
APPLICATION FOR
MONTHLY ESTIMATE DATE: April 6, 2004
CLIENT: City of Baytown ADDRESS: P.O. Box 424
Baytown, TX 77522
Project: S,H. 99 Utility Relocations JOB NO. 024 - 0450 -4
COB Project No. 53103- WWCB2000
CONTRACTOR: Canyon Construction Company, Inc. ADDRESS: 3904 Cedarwood Drive
Pearland, TX 77584
ESTIMATE NO: 4 & FINAL FROM: 2126104 thru 3131104
CONTRACT TIME: 60 CALENDAR DAYS
EXTENSIONS: 50 C.D. TOTAL: 110 C.D. C.O. TOTALS TO DATE = ($31,036.64)
TIME USED: 180 99 C.D.
WORK ORDER DATE: 12/24/2003 ORIGINAL COMPLETION DATE: 2116104
CONTRACT DATE: 12/5/03 REVISED COMPLETION DATE: 4/10103
Percent Completion: 100% Percent Time Completed: 90% Change Order No. 1 Add 50 C.D.
ANALYSIS OF CONTRACT AMOUNT
":' oust > ><`:.`< >s ^ >` > << < >` <` >; `< >< < ^< ?`<`
Sri Era:i.�ontra: "ci`AIn ,:.........
`>
> ° > > >< >'.>':...
$
177 683.00
Plus Add .... ns
ne.;;Qr: der; l?�o. :..:::::.::..,:,.,::::,:.:..........._.-._.......... ............................... _............_._......__.
31
(31,036.64)
A "ustedE. Cor:ItiacfArn.._...
146,646.36
646.36
146,646.36
646.36
1_ess..:fl. /a.Retatna e�:< �>::: �«.;<::.:.: :•:;::::;.;::.�::::: >::.:::<. >: ........;::.>::«<::<•: .,..: <: <.;::::::<,::<;�:<.;�;:.
$
Net;Amount...E.tr3ed . o e .: ........ ........: ....._. ._......
36
146,646.36
...�:;; : ><> < >' « < > . `< ` >» <` > >`<
Add materials Siored. G ose.. #......... .._...........
>`'
$
-
Less <• /o Retained n'; IVIalerial .....::. >::.::.;::«:......... :.... •:,;:<<..::;:::: <:::, >:::::;:::;
<:: >;< >«;::.;:
$
SIb Tnia :::.. ..............
146 646.36
.....:.::....:..
U vlo�s Pa ..................... .._
`<
$
131 981.72
DUNT:;.DiIETHIS ESTIMA . >:::::,: < ><
::x:::<::::::>
$.:::
.... 66d:6a .
RECOMMEND APP VAL
Payment Due Con
SCL Enginee�j ,
By:
GINS
Date: v ' J4,
APPROVED:
City of Baytown
By:
OWNER
AGREED:
Canyon Co sttyction Comp y Inc.
By: l/
CO'NTRACTOR
Date: YLL y
Date:
11821 East Freeway Suite 400 Houston, Texas 77029 713,450.1300 Fax 713.450 -1385 www,sclangineering.net
•
PARTWA— NAL WAIVER OF LIEN
THE STATE OF TEXAS
COUNTY OF D rCt 2 —0p- '(4
The undersigned contracted with "'-I I `/ O A
to furnish
in connection with certain improvements to real pro erty located in
County, Texas, and owned by C B01
which improvements are described as follows:
In consideration of Pay Estimate NoHgAfi�Kq lin the amount of �c r ft eh �koWQ H� S r`x 4 u,,drree y
r` ,4 jr ' 1 r a�, s %x 'fear (e DOLLARS ($ and other good and valuable
consideration, the receipt and sufficie«cy of which is hereby ackmo,.ti') ged and confessed, the undersigned does hereby
waive and release any mechanics' lien or materialmen's lien or claims of lien that the undersigned has or hereafter has on.the
above- mentioned real property on account of any labor performed or materials furnished or to be famished or labor
performed and materials furnished by the undersigned pursuant to the above- mentioned contract or any constitutional lien
that the undersigned may have.
Undersigned hereby guarantees that all bids for labor performed and/or materials furnished in the erection and construction
of such improvements on the Property have been fully paid and satisfied and Undersigned does further guarantee that if for
any reason a lien or liens are filed for material or labor against said Property arising out of any bills for material or labor in
connection with the erection or construction of said improvements thereon, Undersigned will obtain a settlement of such lien
or liens and a proper release thereof shall be obtained.
SWORN TO AND SUBSCRIBED BEFORE ME, on this the _7-f� day of & t9 � oc , to certify which witness my
hand and seal of office.
My Commission Expires:
NOTARY PUBLIC in and for the State of Texas
• ,
• � °`� � DAWN ROSS
I . . Notary Pubic
STATE OF TEXAS
+)l o, My Comm. Exp. 03-30 -2007
- -.... WL -i
Page 1 or I
oyzess
•
•
AFFIDAVIT OF BILLS PAID
STATE OF TEXAS
COUNTY OF
BEFORE ME, the undersigned authority, on this day personally appeared
4 a,� a rC��P t- , representing Contractor under the
following contract:
Owner
Contractor
Date of Contract
Work
t•
CahS NI/i.\/, �h
Construction of 5. kf / °kj for
C'r Y V. Bev �w,4
The undersigned was by me duly sworn and now states upon oath:
1. The improvements required by the Contract have been erected and completed
in full compliance with the Contract, including the Plans and Technical
Specifications.
2. All bids and claims for materials furnished and labor performed on the
Contract have been paid. There are no outstanding unpaid bills or legal claims
for labor performed or materials furnished upon the job.
3. This affidavit is being made by the undersigned realizing that it is in reliance
upon the truthfulness of the statements contained in this affidavit that final and
full settlement of the balance due on the Contract is being made, and in
consideration of the disbursement of funds by Owner, the undersigned
expressly gives and releases all liens, claims, and rights to assert a lien on said
premises and agrees to indemnify and hold Owner safe and harmless from and
against all losses, damages, costs, and expenses of any character whatsoever,
specifically including court costs, bonding fees, and attorneys' fees, arising
out of, or in any way relating to, claims for unpaid labor or material used or
associated with construction of improvements under the Contract.
00715 -21
0
Title: pr CS r'4 C ti, y'
Subscribed and sworn to before me, the undersigned authority, on
0 -"'I DAWN ROSS
Notary Pubic STATE OF TEXAS
My Comm. Exp. 03- 30-2007
•
Notary Public in and for the State of Texas
- END -
00715 -22