Ordinance No. 10,4870 R D I N AIN C N Cl. I O, 4 8 7
AN ORDINANCE OF "THE CITY COUNCIL Of THE CITY OF BAYTOWN, TEXAS,
REPEALING ORDINANCE NO. 10,42(), \\A-J fC,H A UTHORI ZED CHANGE ORDER NO. 13 W ITI-I
TEXAS DEPARTMENT OF TRANSPORTA110N I"OR PHASE III OF THE GOOSE CREEK
STRFARI GREENBELT TRAIL ANE) "THE 6'AY54ENT THEREOF, PASSED BY THE CITY
COUNCIL OF THE CITY OF 13A ,'TOkVN.TEXAS, ON 1111',28"I'll DAY OF `CEP TI,',N,113ER, 2006;
AUTHORIZING A NEW CI-IANGE ORDER 'N�0. 13 WITH TEXAS DEPARTMENT OF'
TRANSPORTATION FOR PHASE HJ OF THEGOOSE CREEK STREAN1 GREENBEt:rTRAIL;
AUTHORIZING PA�'MENT BY TI! CIIA' 0f`I3A`f'T0NV;1 THE SUNI OF THREE THOUSAND
SEVEN HUNDRED NINIETY-ONE AND 29/100 DOLLARS (S3,791.29)y MAKING OTHER
PROVISIO'N'S RELATED THERETO, AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF,
* * * * * * "N * * * 01 * * * .N� -"n * * * * .k aV, 4, * A, * ;�. J; „:, * ;,p 4; ;t, * * * * * ** * " * * * * * * * ;J, , * * :y * ,JG 4,:.i; * * * .�: J. J• * * * * * * 2„ * .14 A. 4 �0 * * * *
BE IT ORDAMNED BNB THE CITY C(-)UNN`CI1-.. OF THE CITN" OFBAYTOWN, TEXAS:
Sectfon 1: T& be City Councd of Te City ofBaytown,'rexas, hereby repeals Ordinance No, 10,426,
julned by the Cly COW of We City of Bqiown, I"exas, on the 28th day of September, 2006, which authorized
ClangeOtWerNo.13 "AhTeus Depan meat of Trarmportahon ArPhase H1 of the Goose Creek StrearnGreenbekTrad
and auawQed pay merit theretbrin theanmuntorNITA-H' HUN DRED IAVENTY AND 77/100 DOL,LARS ($920.77).
Sect% 2: Th1 ,a the City Couned does horchy mahorize H now Change Order No. 13 wit Texas
0partmen I a f0ansportatOn for Flame H I an lie Goose Creek Strea m Greenbelt Trail. i%col)yofsaicietian,�,,e(.,�rderis
rtt relit a9 hereto, niarlced Exhibit "A" and made as part here of'661° affl intCnts,Ind PLU-I)OSeS.
Sec6on 3: That the City Council cal, dire City or Bap own hereby authorizes the payi-nent of HREE
HI(TUSAND SEVEN HUNDRED NINETY-ONE AND 29/H.,H) DOLLARS ($3,791,29) to Texas I.Department of
Transpoilaticni Jbt- ClangeOrderhfa 13 for Phase Ill arseGowe creeic strean, Gireenhell Trail.
Section 4: That puisuant 1c, the pro%ishmis of Texas Local Governmeni Code, Aunotii ed §252.048, the City
,%1 ana�:;er is hereby granted gcneralaul hori ty toapprove mV chnge mAnd nvoNing a decrease or an increase j n cost� of
F\VL'N,`TY-FI VE' THOLj SAND A N D NO/ I 00 DOLLARS (S2 5 90000) or less, subject to die provision that the origoinal
cantraci price rmay, not lie increased by •nore than tweny-five percent (25`/�,) or decreased by mon Man twenj"nve
percent (25%) whhmt Te consent of he ccnitlactor u."I such decrcasc.
Section 5: This ordinance shaDl like Alta imi"Wizately froma.,rndufiur its passle by be City Cow=H of'
the City of`Bayt(-,)wii.
-7 Council Orthe City offlaytov'n this
INTRODUCED, READ and PASSED by Ow ankmMAT vow oflb,e 'it)
2M0
DONCARLOS, Mayor
Clerk
APIIROy[ED AS TO I"'ORNI:
CIO RAMIREZ, Sl 11 orney
�C.l )a Att
R,:�X ron Fdu ,',Cily CoLML11'Cird I 14t,.., '006 Novlllhor
TEXAS DEPARTMENT OF TRANSPORTATION
CHANGE ORDER NUMBER: 13 (Supporting Supplemental Agreement No. N/A )
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:
City of Baytown
(Outside Entity's Legal Name)
2. Type of outside funding agreement for this change: [ Check one ]
M Existing ❑ Amended ❑ New
3. Indicate the type and amount of funding:
❑ Fixed Price (Lump Sum) (Estimated Amount:
El Actual Cost (Estimated Amount:
Contract Items (Bid Items):
E &C ( 11.5% }.
Subtotal
Indirect Cost ( 0.0% }••
TOTAL
M
$3,791.29 )
$3,400.26
$391.03
$3,791.29
$0.00
$3,791.29
CCSJ:
0912.71429, Etc.
Project:
STP 94 (227) TE, Etc.
Highway:
VA
Limits:
From Arizona St. to S. of Market
From S. of Market St. to W. Texa s
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
TypedlPrinted 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
Typed /Printed Name: Gary K. Trietsch, P.E.
TXDOT Form CO -AFA 5-93R (Modified for Houston District use, 3/99)
�i 1
St.
Ave.
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: $17,001.30
3RD PARTY AMOUNT: $3,400.26
13
HIGHWAY:
DISTRICT:
COUNTY:
AREA ENGINEER:
AREA NUMBER:
REASON: 18
CO TYPE:
APPRV LEVEL:
REPORT DATE: 11101/06
VA
12
HARRIS
Quincy Allen
052
INCORRECT PS &E (CONSULTANT DESIGN)
STATE LETTER OF AUTH - PARTICIPATING
OVERRIDE -- �Z) r
BY: GHOWLE
DESCRIBE THE REASON FOR THE CHANGE ORDER AND WHAT IS BEING CHANGED. WHEN NECESSARY, INCLUDE EXCEPTIONS TO THIS AGREEMENT:
PROVIDES FOR ADDING TO THE CONTRACT ITEM 0168 -0501, VEGETATIVE WATERING. AT A NEW UNIT PRICE TO PAY THE
CONTRACTOR FOR WORK IT PERFORMED.
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.
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CONTRACT ID
091271429
CHANGE ORDER NBR.
13
Pago 3 of 3
CONTRACT ITEMS
PROJECT NBR
099271429
CATG UNE
ITEM SP DESCRIPTION
UNIT UNIT
ORIG +PREV QTY
NEW AMOUNT
NBR ITEM
CODE NBR
PRICE
REV QTY THIS CO
QTY THIS CO
001 0119
01680501 VEGETATIVE WATERING
MG 100.00000
0.000 170.013
178010 $17,001.30
CO DESCR CO 013
CHANGE ORDER AMOUNT
$17,001.30
TEXAS DEPARTMENT OF TRANSPORTATION
CHANGE ORDER NUMBER: 13 (Supporting Supplemental Agreement No. N/A )
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: STP 94(227)TE,Etc.
(Outside Entity's 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.
0 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 •
E Actual Cost (Estimated Amount: $3,791.29 )
Contract Items (Bid Items): $3,400.26 I hereby approve the modifications covered by Form CO
for this Change Order and agree to finance the
E&C ( 1 t.s% ) $391.03 additional costs,if any,as reflected by this form.
Subtotal $3,791.29 Advance F 'ng Date —2 L-06
Indirect Cost ( o.o%° )** $0.00 By
TOTAL $3,791.29 GA .* kS "
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 Wange ha.9�; arran ed:
District Engineer Date
Typed/Printed Name: Gary K. Trietsch, P.E.
TXDOT Form CO-AFA 5-98R (Modified for Houston District use,3/99)
�ln"IMprinnil rf Cmrpslsfl„
• r4'ed� x/SYYf
d 1' -eivianager CHANGE ORDER NBR. 13 REPORT DATE: 05/04/07
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, a
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 CTOR
BY: 5//0107 DISTRICT ENGINEER:
D TE DATE
TYPED/PRINTED NAME: ORA/4400 NWEIT 5�10107 DIRECTOR,CONSTRUCTION DIVISION:
I 1 D TE • DATE
TYPED/PRINTED TITLE: Pn�r,itrZ SJ to 1cn AED For Eng.Operations:
DATE DATE
AREA ENGINEER: (-7/ 4 6 wee,,lot ,--, 5//O/7,007 FHWA:
DATE DATE
AREA ENGINEER'S SEAL:
5 QUINCY D. ALLEN
' 3; 70848oaccr rA
'k'OMRLV� -
t
CONTRACT ID 091271429 CHANGE ORDER NBR. 13 Page 3 of 3
CONTRACT ITEMS a
PROJECT NBR 091271429
CATG LINE ITEM SP DESCRIPTION UNIT UNIT ORIG+PREV QTY NEW AMOUNT
NBR ITEM CODE NBR PRICE REV QTY THIS CO QTY 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