Ordinance No. 15,566 ORDINANCE NO. 15,566
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING CHANGE ORDER NO. 4 TO THE ROSELAND
PARK PAVILION PROJECT WITH COX CONSTRUCTION, LLC, FOR A
REDUCTION OF SIX THOUSAND TWO HUNDRED THIRTY-FIVE AND
NO.1 100 DOLLARS ($6,235.00) ON THE PROJECT; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: That the City Council does hereby authorize Change Order No. 4 to the
Roseland Park Pavilion Project with Cox Construction,LLC,for a reduction of SIX THOUSAND
TWO HUNDRED THIRTY-FIVE AND NO. 100 DOLLARS ($6,235.00) on the project. A copy
of said change order is attached hereto, marked Exhibit "A" and made a part hereof for all intents
and purposes.
Section 2: 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 28`h day of September, 2023.
DON CAPETILLO,Mayor
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ANGELA aCK �XitOF
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APPROVED AS O
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R:�Karen Anderson'.ORDINANCES\2023\2023.09.28,ChangeOrderNo4-RoselandParkPavilionProject.docx
EXHIBIT "A CITY OF BAYTOWN
PUBLIC WORKS& ENGINEERING
I 2123 Market St.
Baytown,Texas 77520
E
BAYTOWN CHANGE ORDER # 4
Roseland Park Pavilion
Date of Issuance: 8/16/2023 Change Order No.: 4
Contractor: Cox Commercial Construction,LLC CoB Project No.: PK2001
Designer: Quorum Architects, Inc. P.O. No.: 2202039
Explanation:
This change order encompasses the following:
This is the deductive change order deducting the amount from the contract line item ALT-3, Sealed Concrete Floors, in
the lieu of LVT flooring. The contractor completed the sealed concrete floor. However,the City expressed concern
about the flooring issus at the Roseland Park Pavilion. There are stains on the concrete floor inside the pavilion caused
by poor workmanship, which the City of Baytown finds unacceptable. The City and the contractor then agreed that the
cost of$6,235.00 would be deducted from the contract.
Description of Work Cost Time
I Line Item ALT-3, Sealed Concrete Floors $ (11,425.00) 0 Days
2 Work performed as part of the line item ALT-3, Sealed Concrete
Floors $ 5,190.00 0 Days
Total amount credited to the City $ (6,235.00) 0 Days
Please attach back-up documentation
Cost& Time Change Summary Cost Time
Original Contract: $ 1,844,874.00 365 Days
Previous Change Order(s): $ 50,451.00 100 Days
Contract prior to this change order: $ 1,895,325.00 Days
Net increase(decrease)from this change order $ (6,235.00) 0 Days
Revised Contract: $ 1,889,090.00 465 Days
Finance Approval: Date:
RECOMMENDED:
MEN�D,ED: RECOMMENDED:
By:--- t ..yt1I Vl Date: 9/1/23 By Date:_ og1001Z423
Design Engineer Director of Public Works&Engineering
ACCEPTED*: APPROVED:
B �- Date:09.01.2023 By Date:
Contractor City Manager
*Contractor agrees to perform change(s)included in this Change Order for the price and time indicated The prices for changes included all costs associated with
this Change Order
No work is to be done until this change order is executed No payment to the Contractor(or Consultant)shall be made for work included in the change order until the
Contractor's pay estimate is updated
Revise the project plans and specifications as referenced and insofar as the original project drawings and specifications are inconsistent,this Change Order governs
Upon execution by all parties.the following changes identified for the contract value and.'or contract time shown,are made part of the contract
Construction 1 of 1 D16 Re-*ised 2021
CITY OF BAYTOWN
PUBLIC WORKS&ENGINEERING DEPARTMENT 2123 Market Street
BA
YTOWN Baytown,Texas 77520
(281)420-5300
July 11, 2023
Mr. Douglas Cox
Cox Commercial Construction, LLC
PO Box 819
Deer Park,Texas 77536
RE: COB Project No. DR2001 Roseland Park Pavilion
Dear Mr. Cox,
The purpose of this letter is to provide direction on the flooring issues at the Roseland Park Pavilion.
There are stains on the concrete floor inside of the pavilion caused by poor workmanship and the
appearance of which, the City of Baytown finds to be unacceptable.
The project specifications address such matters in the following section: 03-30-00 cast-in-place
concrete, subsection 3.02,paragraph B.
B Repair of Formed Surfaces,
1. Repair exposed-to-view formed concrete surfaces.where possible,that contain defects which
adversely affect the appearance of the finish Remove and replace the concrete having
defective surfaces if the defects cannot be repa red to the satisfaction of the Architect.
Surface defects,as such,include color and texture irregularities,cracks,spalls,air bubbles,
honeycomb rock pockets,and holes left by the roar and bolts-fins and other projections on
the surface;and stains and other discolorations tha5 cannot be removed by cleaning
It is our opinion that repairs such as those referenced above to address the stains are no longer
practical because the flooring has been sealed. The repairs to address the workmanship issues should
have been made prior to sealing the concrete.
To address this, and because it is impractical to remedy the stains in accordance with the
specifications,the City of Baytown is formally requesting that Cox Construction remove the flooring
sealant from all areas to which it is applied. Further, the cost of the sealant, as cited in the schedule
of values for the project as $6,235.00 will be with held from the project retainage and not paid to
Cox Construction.
Please contact me as soon as possible to discuss this matter so that the project closeout process can
be completed and final payments made.
Sincerely,
Michael Leech
Assistant Director
/t4��
Copy: Frank O. Simoneaux Jr. P.E., City of Baytown
Roshan Chaudhary, City of
Baytown
Gregerz Joseph, City of Baytown
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A B C D 1 E F G H 1
WORK COMPLETED MATERIALS TOTAL
ITEM DESCRIPTION OF SCHEDULED FROM PRESENTLY COMPLETED AND so BALANCE TO RETAINAGE
PREVIOUS FINISH (IF VARIABLE
APPLICATION
NO. WORK VALUE THIS PERIOD STORED STORED TO DATE (G=C) (C-G) RATE)
D E (NOT IN D OR E) (D-E+F)
Overhead Sectional
08.03 Doors 13 300.00 13 300.00 0.00 0.00 13 300.00 100.0000 0.00 665.00
Storefront Shops&
08.04 Calcs 5,945.00 5,945.00 0.00 0.00 5,945.00 100.00% 0.00 297.25
08.05 IStorefront Materials 19 590.00 19 590.00 0.00 0.00 19 590.00 100.0000 0.00 979.50
08.06 Storefront Fabrications 4,735.00 4,735.00 0.00 0.00 4,735.00 100.0000 0.00 236.75
08.07 Storefront Installation 6,085.00 6,085.00 0.00 0.00 6,085.00 I00.00-o 0.00 304.25
08.08 Glazing Material 9,585.00 8,626.50 958.50 0.00 9,585.00 100.000u 0.00 479.25
08.09 Glazing Installation 4,060.00 3,654.00 406.001 0.00 4,060.00 100.0000 0.00 203.00
Finish Hardware-
08.10 Material 3,200.00 3,200.00 0.00 0.00 3,200.00 100.000u 0.00 160.00
Finish Hardware-
08.11 lInstallation 500.00 0.00 500.00 0.00 500.00 100.00% 0.00 25.00
Interior Metal
Frame/Gyp Board
09.01 Assemblies 46 123.00 46 123.00 0.00 0.00 46 123.00 100.0000 0.00 2,306.15
Ceramic Tiling/Rubber
09.02 Base 23 915.00 17 936.25 5978.75 0.00 23 915.00 100.000u 0.00 1,195.75
Interior Concrete Floor
09.03 Sealer 6,235.00 2,182.25 4052.75 0.00 6,235.00 100.00% 0.00 311.75
09.04 Interior Paint 5,950.00 5,057.50 892.50 0.00 5,950.00 100.0000 0.00 297.50
09.05 Exterior Paint 9,000.00 4,500.00 4,500.00 0.00 9,000.00 100.0000 0.00 450.00
10.01 Toilet Partitions 10 088.00 0.00 10 088.00 0.00 10 088.00 100.000. 0.00 504.40
10.02 Toilet Accessories 8,990.00 0.00 8,990.00 0.00 8,990.00 100.000. 0.00 449.50
Fire Protection
10.03 Specialties 960.00 0.00 960.00 0.00 960.00 100.000o 0.00 48.00
Wall Protection/Comer
10.04 jGuards 804.00 0.00 804.00 0.00 804.00 100.0010 0.00 40.20
10.05 Aluminum anopy 81300.00 7,885.00 415.00 0.00 8 300.00 100.000ol 0.00 415.00
22.01 Plumb Fixtures-Material 19 888.00 19 888.00 0.00 0.00 19 888.00 100.000. 0.00 994.40
22.02 Plumb Fixtures-Labor 6,662.00 6,662.00 0.00 0.00 6,662.00 100.0000 0.00 333.10
Plumb Drains/Calriers-
22.03 Material 3 605.00 3 605.00 0.00 0.00 31605.00 100.00% 0.00 180.25
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