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Council approves partial and final change orders for Wastewater Treatment Plant No. 3; staff to finalize remaining time disputes

2793101 · January 28, 2025
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Summary

Council approved two change‑order resolutions on Jan. 28 covering material payment and a partial financial reconciliation for Wastewater Treatment Plant No. 3. Staff said remaining calendar‑day disputes are being negotiated with the contractor and bond counsel; formal final closeout will follow.

The Bastrop City Council approved two contract actions on Jan. 28 related to Wastewater Treatment Plant No. 3, authorizing payment for materials and partially approving a set of contractor cost proposals while staff continues to reconcile disputed calendar days and potential liquidated damages.

What the council approved: Council approved a change order that deducts $31,003.50 from the contract price and adds 78 calendar days (packaged as the city’s formal approval for a set of cost proposals tied to construction activities). The council also approved a second, partial change order of $132,343.60 to pay for material costs while city staff and legal counsel finalize the entitlement to additional contract days.

Why the split approvals: Staff explained they sought partial approval so subcontractors and suppliers could be paid for materials without prejudicing final negotiations over days and liquidated‑damage calculations. City staff said an engineering consultant previously assigned to the project (KSA) had not completed or supplied all final documents; city staff have re‑created documentation and are working with legal counsel and the contractor to arrive at a final change order that will close the contract.

Votes and immediate outcome: Both actions passed unanimously. Council members who voted in favor on the motions included Mayor Pro Tem John Kirkland and council members Lee, Meyer, Plunkett, Foster and Fosler. Staff said a final change‑order package will come back to council after additional meetings with legal counsel.

Context and next steps: Sylvia, the city manager, told the council the project is long overdue and over budget but staff hope it will reach final completion soon. The council directed staff to continue negotiations with the contractor and to present the final reconciliation for approval when legal questions about days and damages are resolved.