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2011-R-34 - additional expenditures FM 3009 UtilityRESOLUTION NO. 11-R-34 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING ADDITIONAL EXPENDITURES RELATING TO THE F.M. 3009 UTILITY RELOCATION PROJECT, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City") has recommended that the City Council authorize additional expenditures to complete the F.M. 3009 utility relocation project; and WHEREAS, the City Council has detei7nined that it is in the best interest of the City to authorize such additional expenditures as set forth on Exhibit A, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver change orders relating to the F.M. 3009 utility relocation project and to fund such change orders and to pay additional project costs in accordance with Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and Endings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, alI as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. SD429371.1 PASSED AND ADOPTED, this 28'h day of June, 2011. CITY OF CHER ,TEXAS ayor ATT ST: Secretary (CITY SEAL) 50429371.1 EXHIBIT A RECOMMENDED NOT TO EXCEED ADDITIONAL EXPENDITURES RELATING TO THE F.M. 3009 UTILITY RELOCATION PROJECT Original estimated total project cost $1,483,086.00 previously presented to City Cauncil Amount of accepted construction bid $1,010,086.00 Previously-approved construction contingency $100,000.00 Change orders to date {none is a result of design, bidding, or contractor error) CO 1 $18,270.79 {paid) C02 22,373.91 (paid} C03 15,246.75 (paid) C04 Voided NA COS 6,993.25 {paid) C06 8,512.35 (paid} C07 75,884.00 (paid) C08 24,731.77 (paid) C09 76,300.00 {pending) $248,312.82 Easement purchases previously approved by City Council $173,106.10 Engineering/Designtosts {sewer) $113,703.04 EngineeringlDesign costs (water) $125,618.98 Utilities $1,156.81 Estimated Engineering/Design Construction Easements Utilities $223,000.00 $1,110,086.00' $150,000.00 $o.ao $1,483,086.00 Current $239,322.02 $1,030,223.90 $173,106.10 $1,156.81 $1,443,808.83 Remaining $0.00 $228,274.92 $0.00 $0.00 $228,274.92 Total estimated project costs in excess of approved construction bid, construction contingency, and easements Not-to-exceed additional project costs recommended by City Engineer to be approved by City Council Final $239,322.02 $1,258,498.822 $173,106.103 $1,156.81 $1,672,083.75 $388,891.65 $400,000.00 ` Approved bid and contingency 2 Conshuction costs in excess of approved bid and contingency, $148,412.82, are 13.4% of the approved bid and contingency; professional services (engineering/design), easement acquisition, and utilities are not required to be bid. 3 Easement purchases approved by City Council 5042937 L r A-1