Ordinance No. 10,426ORDINANCENO, 1.0,42(i
AN ORI)IN A NCE, 01" THE C]TYCOUNCIL OF THE CI TV OFBAYTOWN, TI `,N AS,
AUTHORIZIN(3 C11ANC3E, ()R DE NO. a wrri-i TF,XAS Df,,PARTNII:,,,NT OF
TRANSPORTAVON FOR PHASE III OF THE GOOSE CREEK . IREAM GREENBELT
TRAIL, AIJIII()R]Zf?N(:,j PAYME vr BY THE CITY (W BAYTOWN,Ttl[,' SUM OF
NINF, lIIJNDRf',.,D TWF,NTY AND 77/100 DOLA.ARS ($92177), MAKING (MIER
11R,WSIONS R F LA FfJ)TI I E' R E"TO :,A N D PRO V]DIN CA' 1-0 R 1111, EFJ`TC`Tf\/'E DAT]"'i
THE REOR
* * " * * * * * " * * * * * * * * * * * * A, A, * * * * * * * * *he ** * * * * * * * * * * * * * * * * * * * * * * * * * * '* * * �, aV. 1q, * 'k, rk r, * * tia * 4 av 1c "V, r. * * pj� *' * �
BE VFORDAINED BY 714E CM! COUNCIL COFTFLE (-ATV 0FBAY`T()\VN, T['.XAS.
SaMon 1: That Bu City, Council dws herby airthcuize Change Wer 1& 13 Wi Was
Depamnwnt of''I"ransportation for Me IH of le Close Creek Sre,,,,vrn Greenbeh Tr-ad coj',cy of'said
cl-mlige Order isatuwhcd herew, rnalrd ExIbb and rnadea part Itereoffor all iroenr s arid purposes,
Won iiry4 Ila! the City Wuncil of Te C. of Baywwn hereby authorizes the payntent of'
YO NE HUNDRED T"TENTYAND MOO DOLIARS (S92177) to Texas DepammufTnumporindon Y
Change Order No. 13 for Phase III of the Goose Creek Streani Greet'ibelt'rnail.
Swion 3: "" "hat pummmi to die pmvW&ns of Was Loe,,d Goverru-nera (,"ode Annotated
§252b48, die City tManager is hereby granted gerwral awhady to ,ipprove any change order invc,flving a
decreasecuan increase in costs ofTVWI--.`,N'T)�`-FIN7E THOUSAND AND N0/100 EE O'[,,[.ARS,(,$25,000.(,)0,)oi-
less, Wdect to We pro%�ision fliat the orig"inal Contract j-')rVe array am be increase(,] by niore than trvcrtty-five
percent (25%) or decreased by more than twenty-five percent (250,'�)'%vithout the consevil of the conh'actor M
suet decrease.
Section 4, 1"his omikame Mmil take 610 inuwediare y fron,i and as
Comwil of We Cly of Baymm
1N:T1R01.)1J(A-,'D, READ and PASSED by tare affinnitive vote ofthe
laVloN I A its e 2"qy Sep,er, 2 4`1
S TTIM F11 f"', I!
...... . .... .... ........ . ............
ft'hy Clerk
'w, I
APPROVED ASTO 1,ORM:
IIIIEZ 5111110ey
WE wMAR01 I raiCNmwj I hfiw
lair uge by dw City
C'ouncil of the city of
ONCARLOS,,Mayor
TEXAS DEPARTMENT OF TRANSPORTATION
CHANGE ORDER NUMBER: 13 (Supporting Supplemental Agreement No. NIA
Advance Funding Agreement (Third Party Funding) Information
20.00% of S4.129.02
This form is used when the subject change order involves funding by a source other than TxDOT/U.S. DOT.
1. Outside funding provided by:
City of Baytown
(Outside Entity's Legal Name)
2. Type of outside funding agreement for this change: [ Check one J
Q Existing ❑ Amended ❑ New
3. Indicate the type and amount of funding:
❑ Fixed Price (Lump Sum) (Estimated Amount:
Actual Cost (Estimated Amount:
Contract Items (Bid Items):
E&C ( m5% ),
Subtotal
Indirect Cost ( 0.0% )"
TOTAL
CD ^A 77 1
S825.80
S94.97
5920.77
S0.00
$920.77
CCSJ:
0912.71 -429, Etc.
Project:
STP 94 (227) TE, Etc.
Highway:
VA
Limits:
From Arizona St. to S. of Market
From S. of Market St. to W. Texas
City CIP No:
County:
Harris
District:
HOU
Contract
Number.
09043217
I hereby approve the modifications covered by Form CO
for this Change Order and agree to finance the
additional costs, if any, as reflected by this form.
Advance Funding Date
By
Typed/Printed Name
Typed /Printed Title
The percentage ( %) for E&C (engineering and Contingencies) charges varies from project to project from approximately 6%
to 11 % depending on the contract amount of the project. Projects with higher contract amount will have the lower rate of
E&C charge. For a specific project, E&C rate ( %) can be derived from the cost of "Engineering and Contingencies" in the
"Estimated Cost" of the project.
Use the statewide district rate as established by Finance Division each year. This line is for Service Project only, unless
otherwise specified in the Advance Funding Agreement. See Stand Alone Manual Notice 98 -2 for instructions.
Advance Funding for this Change Order has been arranged:
District Engineer Date
ITyped /Printed Name: Gary K. Trietsch, P.E.
TXDOT Form CO -AFA 5 -98R (Modified for Houston District use, 3/99)
f11; 11:11 W
St.
Ave.
1%p0- _ ,,.... „........� .,,.............�
CHANGE ORDER NBR.
CONTRACT ID:
091271429
PROJECT:
STP 94(227)TE
CONTRACT:
09043217
CONTRACT PRICE:
$1,626,057.24
CONTRACTOR:
LONE STAR ROAD CONSTRUCTION, LTD.
DESCRIPTION
VEGETATIVE WATERING
CO AMOUNT
$4,129.02
3RD PARTY AMOUNT
$825.80
EXPLANATION
13
REPORT DATE: 08/15106
HIGHWAY:
VA
DISTRICT:
12
COUNTY:
HARRIS
AREA ENGINEER:
Quincy Allen
AREA NUMBER:
052
REASON 1A -
INCORRECT PS &E (TxDOT DESIGN)
CO TYPE
STATE LETTER OF AUTH - PARTICIPATING
APPRV LEVEL
Area Engineer
PROVIDES FOR DELETING ONE ITEM OF WORK FROM THE CONTRACT AND ADDING THE SAME ITEM OF WORK TO THE
CONTRACT AT A NEW UNIT PRICE TO PAY THE CONTRACTOR FOR iTEM 0168 -0501, VEGETATIVE WATERING.
THE ESTIMATED QUANTITY FOR VEGETATIVE WATERING ON THE CONTRACT MUST BE ADJUSTED WHICH NECESSITATES
CHANGING THE UNIT PRICE FOR THE ITEM OF WORK.
THE THIRD PARTY PARTICIPANT IS THE CITY OF BAYTOWN.
ALL WORK IS WITHIN THE PROJECT LIMITS.
The contractor must sign the Change Order and, by doing so, agrees to waive any and all claims for additional compensation due to any and all other expenses; additional
changes for time, overhead and profit; or loss of compensation as a result of this change. r
THE CONTRACTOR
BY:
DATE
TYPED /PRINTED NAME:
DATE
TYPEDIPRINTED TITLE:
DATE
AREA ENGINEER:
DATE
AREA ENGINEER'S SEAL:
DISTRICT ENGINEER:
DATE
DIRECTOR, CONSTRUCTION DIVISION:
DATE
AED For Eng. Operations:
DATE
FHWA:
DATE
CONTRACT ID
091271429
NEW
CONTRACT ITEMS
PRICE
REV QTY THIS CO
PROJECT NBR
091271429
MG 15,000.00000
CATG LINE
ITEM SP
DESCRIPTION
NBR ITEM
CODE NBR
170.500
001 0115
01680501 000
VEGETATIVE WATERING
001 0116
01680501
VEGETATIVE WATERING
CO DESCR
CO #13
CHANGE ORDER NBR. 13 Page 2 of 2
UNIT UNIT
ORIG + PREV QTY
NEW
AMOUNT
PRICE
REV QTY THIS CO
QTY
THIS CO
MG 15,000.00000
0.390 -0,389
0.000
- $5,835,00
MG 58.44000
0.000 170.500
170.500
$9,964.02
CHANGE ORDER AMOUNT
$4,129,02
0
I
TEXAS DEPARTMENT OF TRANSPORTATION
CHANGE ORDER NUMBER: 13 Supporting Supplemental Agreement No. NIA )
Advance Funding Agreement(Third Party Funding) Information
20.00%of $17,001.30
This form is used when the subject change order involves funding by a source other than TxDOT/U.S. DOT.
1.Outside funding provided by: CCSJ: 0912-71-429,Etc.
City of Baytown Project: STIR 94(227)TE,Etc.
Outside Entitys Legal Name)
Highway., VA
Limits: From Arizona St.to S.of Market St.
2.Type of outside funding agreement for this change: [Check one]From S.of Market St.to W.Texas Ave.
Existing Amended New City CIP No:
County: Harris
3. Indicate the type and amount of funding: District: HOU
Fixed Price (Lump Sum) (Estimated Amount:Contract
Number. 09043217
Actual Cost Estimated Amount: $3,791.29 )
Contract Items (Bid Items):3,400.26 1 hereby approve the modifications covered by Form CO
for this Change Order and agree to finance the
E&C 11.5% )` 391.03 additional costs,ff any,as reflected by this form.
Subtotal 3,791.29 Advance F ing Date - Z L-D 6
Indirect Cost ( 0.0% )"0.00 By
TOTAL 3,791.29 G/}^• * So"
Typed/Printed Name
Ty ed/Printed Title
The percentage(%)for E&C(Engineering and Contingencies)charges varies from project to project from approximately 6%
to 11%depending on the contract amount of the project. Projects with higher contract amount will have the lower rate of
E&C charge. For a specific project,E&C rate(%)can be derived from the cost of"Engineering and Contingencies"in the
Estimated Cost"of the project.
Use the statewide district rate as established by Finance Division each year. This line is for Service Project only,unless
otherwise specified in the Advance Funding Agreement. See Stand Alone Manual Notice 98-2 for instructions.
Advance Funding f ange ha.
9G;
arran ed:
If -v 7
District Engineer Date
Typed/Printed Name:Gary K. Trietsch, P.E.
TXDOT Form CO-AFA 5-98R Modified for Houston District use, 3/99)
Y
nh:nr,w n cn.ny.unxer»
A" CHANGE ORDER NBR. 13 REPORT DATE: 05/04107
CONTRACT ID: 091271429 HIGHWAY: VA
PROJECT: STP 94(227)TE DISTRICT: 12
CONTRACT: 09043217 COUNTY: HARRIS
CONTRACT PRICE: 1,626,057.24 AREA ENGINEER: Quincy Allen
CONTRACTOR: LONE STAR ROAD CONSTRUCTION,LTD. AREA NUMBER:052
DESCRIPTION: VEGETATIVE WATERING
REASON: 1B - INCORRECT PS&E(CONSULTANT DESIGN)
CO AMOUNT: 17,001.30 CO TYPE: STATE LETTER OF AUTH-PARTICIPATING
3RD PARTY AMOUNT:3,400.26 APPRV LEVEL: Area Engineer
TIME EXT.#: 3 and Days adjusted on the C.O. 17
DESCRIBE THE REASON FOR THE CHANGE ORDER AND WHAT IS BEING CHANGED. WHEN NECESSARY,INCLUDE EXCEPTIONS TO THIS AGREEMENT:
PROVIDES FOR ADDING ITEM 0168-0501,VEGETATIVE WATERING,AT A NEW UNIT PRICE AND TIME EXTENSION NO.3 FOR 17
DAYS TO THE CONTRACT.
THIS CHANGE ORDER WAS CREATED TO CORRECT A SIGNIGICANT ERROR IN THE QUANTITY FOR ITEM 168-0501,VEGETATIVE
WATERING. THE BID PRICE FOR THIS ITEM WAS ADJUSTED AFTER THIS OFFICE AND DISTRICT CONSTRUCTION NEGOTIATED
WITH THE CONTRACTOR A REASONABLE PRICE FOR THE WORK IN EXCESS OF 125%OF THE ORIGINAL QUANTITY. THIS
ADJUSTED PRICE INCLUDES ALL ALLOWABLE MARK-UPS FOR THE WORK.
THE THIRD PARTY PARTICIPANT IS THE CITY OF BAYTOWN AT 20 PERCENT.
ALL WORK IS WITHIN THE PROJECT LIMITS.
TIME ADJUSTMENTS EXPLANATION ADJUSTED DAYS
CONTRACT CONTRACTOR DELAYS ASSOCIATED WITH VEGETATIVE WATERING. 17
CONCURRENT WITH NEGOTIATIONS FOR THE VEGETATIVE WATERING;TIME
WAS BEING CHARGED AGAINST THE CONTRACT. THEREFORE,THE
CONTRACT WAS IN 17 DAYS OF LIQUIDATED DAMAGES WHEN A SOLUTION
WAS REACHED REGARDING THE WATERING. BECAUSE THESE TIME
CHARGES WOULD NOT HAVE ACCRUED IF THE ORIGINAL PROBLEM WITH
VEGETATIVE WATERING HAD NOT HAPPENED, THIS OFFICE AND HOUSTON
DISTRICT CONSTRUCTION AGREED TO GRANT A TIME EXTENSION OF 17
DAYS. THIS TIME EXTENSION WILL ZERO THE TIME CHARGES ON THE
CONTRACT AND RESOLVE THE SITUATION SO THE CONTRACT CAN BE
CLOSED.
By signing this change order,the contractor agrees to waive any and all claims for additional compensation due to any and all other expenses;additional changes for time,
overhead and profit;or loss of compensation as a result of this change and that this agreement is made in accordance Item 4 and the Contract.Exceptions should be noted in
explanation above."
THE CO
BY: 5 /DJ DISTRICT ENGINEER:0
D TE ^
7
DATE
TYPEDIPRINTED NAME: 3q4114& WCrrZ-C- Jr IOIO / DIRECTOR,CONSTRUCTION DIVISION:
DATE DATE
TYPED/PRINTED TITLE: M AED For Eng.Operations:
DATE DATE
AREA ENGINEER: L(iCX.d+► p E• 511 ?4ZOr77 FHWA:
DATE DATE
AREA ENGINEER'S SEAL:
4Cn a"'°CT'410,F.
QIIINCI'• D,ALLEN
p 70848 :..,
01VAL.•
CONTRACT ID 091271429 CHANGE ORDER NBR. 13 Page 3 of 3
CONTRACT ITEMS i
PROJECT NBR 091271429
CATG LINE ITEM SP DESCRIPTION UNIT UNIT ORIG+PREV CITY NEW AMOUNT
NBR ITEM CODE NBR PRICE REV CITY THIS CO CITY THIS CO
001 0116 01680501 VEGETATIVE WATERING MG 100.00000 0.000 170.013 170.010 $17,001.30
CO DESCR CO#13
CHANGE ORDER AMOUNT 17,001.30