Ordinance No. 15,389 ORDINANCE NO. 15,389
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF SEQUEIRA CIVIL CONSTRUCTION,
LLC, FOR THE GARTH ROAD RECONSTRUCTION WATER/
WASTEWATER PHASE A & B UTILITY RELOCATION PROJECT;
AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY
CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH SEQUEIRA
CIVIL CONSTRUCTION, LLC, FOR THE GARTH ROAD
RECONSTRUCTION — WATER/WASTEWATER PHASE A & B UTILITY
RELOCATION PROJECT; AUTHORIZING PAYMENT NOT TO EXCEED
THE SUM OF SEVEN MILLION EIGHT HUNDRED EIGHTY-ONE
THOUSAND FIVE HUNDRED NINETY-THREE AND NO."100 DOLLARS
($7,881,593.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, the City Council of the City of Baytown did advertise for bids for the Garth
Road Reconstruction—Water/Wastewater Phase A & B Utility Relocation Project to be received
on January 26, 2023; and
WHEREAS, notice to bidders as to the time and place, when and where the bids would be
publicly opened and read aloud was published pursuant to provisions of Texas Local Government
Code Annotated § 252.041; and
WHEREAS, all bids were opened and publicly read at Baytown City Hall at 11:00 o'clock
a.m., Thursday, January 26, 2023, as per published notice to bidders;NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: That the City Council of the City of Baytown hereby accepts the bid of
Sequeira Civil Construction, LLC, for the Garth Road Reconstruction—Water/Wastewater Phase
A & B Utility Relocation Project according to the plans and specifications set forth by the City's
engineer, and authorizes payment in an amount not to exceed SEVEN MILLION EIGHT
HUNDRED EIGHTY-ONE THOUSAND FIVE HUNDRED NINETY-THREE AND NO1100
DOLLARS ($7,881,593.00),based upon the prices specified in the bid, and the City Manager and
the City Clerk of the City are hereby authorized and directed to execute and attest to a contract
with Sequeira Civil Construction, LLC, for the above-described project, said contract containing
the plans, specifications, and requirements of the City's engineer and appropriate bond
requirements in accordance with the provisions of Texas Government Code,Chapter 2253.
Section 2: That pursuant to the provisions of Texas Local Government Code Annotated
§ 252.048, the City Manager is hereby granted general authority to approve any change order
involving a decrease or an increase in costs of FIFTY THOUSAND AND NO1100 DOLLARS
($50,000.00) or less, subject to the provision that the original contract price may not be increased
by more than twenty-five percent (25%) or decreased by more than twenty-five percent (25%)
without the consent of the contractor to such decrease.
Section 3: 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 9th day of March, 2023.
ANDON CAP ILL , Mayor
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SCOTT LE ND, City Attorney
ReKaren Anderson.ORDINANCESQ02312023.03.09VAward(iarthRdReconstruction-Water-WastewaterPhaseA&HUtilityRelocatwnProject.docx
2
CITY OFBAYTOWN STANDARD FORM OF AGREEMENT
Section 00500
STANDARD FORM OF AGREEMENT
T� {{��IS�� AGREEMENT is by and between City Baytown(hereinafter called OWNER or City) and
�C.rxU� � UI� V1 COVI S f✓t tGh UVl dVJq a (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,
agree as follows:
Article 1. WORK
CONTRACTOR shall complete all work as specified or indicated in or reasonably inferable
from the Contract Documents (hereinafter the "Work"). The Work is generally described as
follows:
Project Name: Advanced Work Package Garth Rd.Water/Wastewater—Phase A& B
COB PN: RW-1901
IFB No.: 23-0123
Article 2. ENGINEER
The Work has been designed by Stephen J. Kelly, P.E./Kimley-Hom and Associates/11700
Katy Freeway, Suite 800 Houston, TX 77079/(281)597-9300 who is hereinafter called
ENGINEER and who is to assume all duties and responsibilities and have the rights and
authority assigned to ENGINEER in the Contract Documents in connection with completion
of the Work in accordance with the Contract Documents.
Article 3. CONTRACT TIME
3.1 The Work will be Substantially Complete (as defined in Article I of the General
Conditions) within 230 calendar days (including weekends and holidays) from the
date when the Contract Time commences to run as provided in paragraph 5.01 of the
General Conditions (as revised in the Special Conditions if applicable), and
completed and ready for Final Payment within 30 days from the date when the
Contract Time specifies Substantial Completion. No work will be allowed on
Sundays.
3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss if the Work is
not completed within the times specified in paragraph 3.1 above, plus any extensions
thereof allowed in accordance with Article 5 of the General Conditions. OWNER
and CONTRACTOR also recognize the delays, expense, and difficulties involved in
proving in a legal preceding the actual loss suffered by OWNER if the Work is not
completed on time. Accordingly, instead of requiring any such proof, OWNER and
CONTRACTOR agree that as liquidated damages for delay (but not as a penalty)
CONTRACTOR shall pay OWNER one thousand dollars ($1,000)
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CITY OFBAYTOWN STANDARD FORM OF AGREEMENT
for each day that expires after the time specified in paragraph 3.1 for Substantial
Completion until the Work is substantially complete. After Substantial Completion, if
CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the
time set out in the Certificate of Substantial Completion or any proper extension thereof
granted by OWNER, CONTRACTOR shall pay OWNER one thousand dollars ($1,000) for
each day that expires after the time specified in the Certificate of Substantial Completion for
completion and readiness for Final Payment.
3.3 Inspection Time. Working hours for the OWNER's inspection personnel are from
7:30 a.m. to 4:30 p.m., Monday through Friday, excluding City-approved holidays.
The CONTRACTOR shall notify the OWNER of any required inspection work
outside of these hours to allow for an overtime work determination to be made, and
assigned at least 48 hours in advance and shall pay the overtime wages for the
required City inspections. A request to adjust work hours to earlier times, but
equivalent to an eight (8) hour work day, must be made in writing and approved by
the City.
Article 4. CONTRACT PRICE
4.1 OWNER shall pay CONTRACTOR for completion of the Work in strict accordance
with the Contract Documents in current funds ��l ti3. the "Contract Price").
The Contract Price includes the Base Bid 611).00 as shown in
Document 00300—Bid Proposal.
Article 5. PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance with Section 6.0
"Measurement and Payment" of the General Conditions. Application for Payment will be
processed by ENGINEER as provided in the General Conditions.
5.1 Progress Payments. OWNER shall make progress payments on account of the
Contract Price on the basis of CONTRACTOR's Application for Payment as
recommended by ENGINEER as provided below. All progress payments will be on
the basis of the progress of the Work and actual quantity of Work completed, in
accordance with Article 6 "Measurement and Payment" of the General Conditions.
5.1.1 Prior to Substantial Completion, progress payments will be made in an
amount equal to the percentage or actual quantity of Work complete, but, in
each case, less the aggregate of payments previously made and less such
amounts as ENGINEER shall determine, or OWNER may withhold, in
accordance with the General Conditions. The OWNER shall make payment
within 30 days of receipt of an approved application for payment from the
ENGINEER
5.12 Each progress payment shall be less retainage as specified in Paragraph 6.06
of the General Conditions, and further less all previous payments and all
further sums that may be retained by the OWNER under the terms of this
Agreement. It is understood, however, that in case the whole Work be near to
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CITY OFBAYTOWN STANDARD FORM OF AGREEMENT
completion and some unexpected and unusual delay occurs due to no fault or
neglect on the part of the CONTRACTOR, the OWNER may upon written
recommendation of the ENGINEER pay a reasonable and equitable portion
of the retained percentage to the CONTRACTOR, or the CONTRACTOR at
the OWNER's option, may be relieved of the obligation to fully complete the
Work and, thereupon, the CONTRACTOR shall receive payment of the
balance due him under the contract subject only to the conditions stated
under"Final Payment"
5.2 Final Payment. Upon final completion and acceptance of the Work in accordance
with paragraph 6.09 of the General Conditions, OWNER shall pay the remainder of
the Contract Price as recommended by ENGINEER as provided in said paragraph
6.09
Article 6. INTEREST
Interest on any overdue payment from OWNER to CONTRACTOR shall be paid in
accordance with the provisions of Section 2251.025 of the Texas Government Code, as
amended.
Article 7. CONTRACTOR'S REPRESENTATIONS
In order to induce OWNER to enter into this Agreement CONTRACTOR makes the
following representations:
7.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract
Documents, Work, site, locality, and all local conditions and Laws and Regulations
that in any manner may affect cost, progress, performance, or furnishing of the
Work.
72 CONTRACTOR has studied carefully all available surveys, assessments, reports of
explorations, investigations, and tests of subsurface conditions and drawings of
physical conditions of the site. Such technical reports and drawings are not Contract
Documents, and OWNER makes no representations or warranties as to the accuracy
of such documents or information, or to whether or not they are complete,
comprehensive, or all-inclusive.
73 CONTRACTOR has obtained and carefully studied (or assumes responsibility for
obtaining and carefully studying) all such examinations, investigations, explorations,
tests, reports, and studies (in addition to or to supplement those referred to in
paragraphs 7.2 above) which pertain to the subsurface or physical conditions at or
contiguous to the site or otherwise may affect the cost, progress, performance or
furnishing of the Work, and CONTRACTOR assumes the risk of such subsurface
and physical conditions, and shall furnish the Work at the Contract Price, within the
Contract Time and in accordance with the other terms and conditions of the Contract
Documents; and no additional examinations, investigations, explorations, tests,
reports, and studies or similar information or data are or will be required by
CONTRACTOR for such purposes.
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CITY OFBAYTOWN STANDARD FORM OF AGREEMENT
7.4 CONTRACTOR has reviewed and checked all information and data shown or
indicated on the Contract Documents with respect to existing underground facilities at
or contiguous to the site and assumes responsibility for the accurate location of said
underground facilities. No additional examinations, investigations, explorations,
tests, reports, studies or similar information or data in respect of said underground
facilities are or will be required by CONTRACTOR in order to perform and finish the
Work at the Contract Price, within the Contract Time and in accordance with the
other terms and conditions of the Contract Documents.
7.5 CONTRACTOR has correlated the results of all such observations, examinations,
investigations, explorations, tests, reports, and studies with the terms and conditions
of the Contract Documents.
7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or
discrepancies in the Contract Documents of which Contractor knew or should have
known, and CONTRACTOR shall perform the Work at the Contract Price, within the
Contract Time and in accordance with the other terms and conditions of the Contract
Documents, including any written resolution of any such conflict, error or
discrepancy by ENGINEER. In the event of a conflict that was not brought to the
OWNER's or ENGINEER's attention prior to the bid, the CONTRACTOR is
assumed to have bid the most expensive alternative.
Article 8. CONTRACT DOCUMENTS
The Contract Documents, which comprise the entire agreement between OWNER and
CONTRACTOR concerning the Work, consist of the following, each of which are
incorporated herein by reference:
8.1 Standard Form of Agreement(Section 00500).
8.2 Performance, Payment, and/or Maintenance Bonds (Sections 00610, 00611, and
00612).
8.3 General Conditions of Agreement (Section 00700), including Attachment No. I
Workers' Compensation Insurance Coverage, Attachment No. 2 Agreement for
Final Payment and Contractor's Swom Release, and Attachment No. 3 Owner's
Insurance Requirements of Contractor.
8.4 Special Conditions of Agreement(Section 00800).
8.5 Instructions to Bidders and CONTRACTOR's Bid Proposal, including any Addenda
referenced therein.
8.6 Plans, consisting of sheets numbered 1 through 66 inclusive with attachments with
each sheet bearing the following general title: Goose Creek Lift Station Project.
8.7 Technical Specifications for the Work.
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CITY OFBAYTOWN STANDARD FORM OF AGREEMENT
8.8 The following, which may be delivered or issued after this Agreement becomes
effective: Any Change Orders or other documents amending, modifying, or
supplementing the Contract Documents in accordance with the General Conditions.
There are no Contract Documents other than those listed above in this Article 8. The
Contract Documents may only be amended, modified or supplemented as provided in the
General Conditions.
Article 9. MISCELLANEOUS
9.1 Terms used in this Agreement which are defined in Section 1, "Definitions and
Interpretations" of the General Conditions will have the meanings indicated in the
General Conditions.
92 No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of
the party sought to be bound; and specifically but without limitation moneys that
may become due and moneys that are due may not be assigned without such consent
(except to the extent that the effect of this restriction may be limited by law), and
unless specifically stated to the contrary in any written consent to an assignment, no
assignment will release or discharge the assignor from any duty or responsibility
under the Contract Documents.
9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and
legal representative to the other party hereto, its partners, successors, assigns and
legal representatives in respect of all covenants, agreements and obligations
contained in the Contract Documents.
9.4 CONTRACTOR agrees to warranty the Work for a period of one (1) year from
Substantial Completion against defects in materials and workmanship.
CONTRACTOR agrees to repair or replace any defective work within this warranty
period immediately unless such repairs require long lead time materials and
equipment in which case CONTRACTOR shall provide an agreeable schedule for
repairs at no additional cost to OWNER.
9.5 The Work will be completed according to the Contract Documents and in
accordance with codes, ordinances, and construction standards of the City of
Baytown, and all applicable laws, codes and regulations of governmental authorities.
9.6 In the event any notice period required under the Contract Documents is found to be
shorter than any minimum period prescribed by applicable law, the notice period
required shall be construed to be the minimum period prescribed by applicable law.
9.7 This Contract and the Contract Documents, insofar as they relate in any part or in
any way to the Work undertaken therein, constitute the entire agreement between the
parties hereto, and it is expressly understood and agreed that there are no agreements
or promises by and between said parties, except as aforesaid, and that any additions
thereto or changes shall be in writing.
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CITY OF BAYTOWN STANDARD FORM OF AGREEMENT
9.8 The provisions of this Contract shall be applied and interpreted in a manner
consistent with each other so as to carry out the purposes and the intent of the
parties, but if for any reason any provision is unenforceable or invalid, such
provisions shall be deemed severed from this Contract and the remaining provisions
shall be carried out with the same force and effect as if the severed provision had not
been part of this Contract.
9.9 The headings of the paragraphs are included solely for the convenience of reference
and if there is any conflict between the headings and the text of the Contract,
Documents, the text shall control.
9.10 The waiver of any breach hereof shall not constitute a waiver of any subsequent
breach of the same or any other provision hereof. Failure by the OWNER in any
instance to insist upon observance or performance by CONTRACTOR shall not be
deemed a waiver by OWNER of any such observance or performance. No waiver
will be binding upon OWNER unless in writing and then will be for the particular
instance only. Payment of any sum by OWNER to CONTRACTOR with knowledge
of any breach or default will not be deemed a waiver of such breach or default or
any other breach or default.
9.11 The CONTRACTOR acknowledges that the OWNER considers the following to be
misconduct that is grounds for termination of an employee of the OWNER: Any
fraud, forgery, misappropriation of funds, receiving payment for services not
performed or for hours not worked, mishandling or untruthful reporting of money
transactions, destruction of assets, embezzlement, accepting materials of value from
vendors, or consultants, and/or collecting reimbursement of expenses made for the
benefit of the OWNER. The CONTRACTOR agrees that it will not, directly or
indirectly; cause an employee of the OWNER to engage in such misconduct.
9.12 The CONTRACTOR agrees to comply with Appendix A (attached) of the City of
Baytown's Title VI Nondiscrimination Plan Assurances
9.13 The Contract Documents are made under and shall be governed by the laws of the
State of Texas.
9.14 The parties agree that this Agreement shall not be construed in favor of or against
any party on the basis that the party did or did not author this Agreement.
9.15 Each party has the full power and authority to enter into and perform this
Agreement, and the person signing this Agreement on behalf of each parry has been
properly authorized and empowered to enter into this Agreement. The persons
executing this Agreement hereby represent that they have authorization to sign on
behalf of their respective corporations and/or business entities.
9.16 The parties acknowledge that they have read, understand and intend to be bound by
the terms and conditions of this Agreement.
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CITY OF BAYTOWN STANDARD FORM OF AGREEMENT
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in
duplicate. One counterpart each has been delivered to OWNER and one to CONTRACTOR.
This Agreement will be effective upon execution and attestationPy authorized representatives of
the City of Baytown and upon the following date: A� ' ( V 20�
OWNER: CO CT
CITY OF BAYTO7
By: C .F By:f�A
Title: C.-J", --��)v Title: IPYQ�I��'"f I G�
DateOAAz. A. Lot Date:
�ep,YTOWN (Corporate Seal)
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ATTEST ` ATTEST
Address for giving notices
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Phone: �' Lq 0
Fax:
Agent for service of process:
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COB Legal
�1 END OF SECTION
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