Ordinance No. 12,664ORDINANCE NO. 12,664
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF JC STONEWALL CONSTRUCTORS, LP,
FOR BID ALTERNATE NOS. 1, 2, 3, 4 AND 5 OF THE CIVIC CENTER
WINDOW REPLACEMENT PROJECT; AUTHORIZING AND DIRECTING
THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO
A SUPPLEMENTAL AGREEMENT WITH JC STONEWALL
CONSTRUCTORS, LP, FOR SAID PROJECT; AUTHORIZING CHANGE
ORDER NO. 1 WITH JC STONEWALL CONSTRUCTORS, LP, FOR SAID
PROJECT; AUTHORIZING TOTAL PAYMENT NOT TO EXCEED THE SUM
OF ONE HUNDRED SIXTY -SEVEN THOUSAND NINETY AND 65/100
DOLLARS ($167,090.65); 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 Civic
Center Window Replacement Project to be received on March 25, 2014; 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 City Hall 2:00 o'clock p.m.,
Tuesday, March 25, 2014, as per published notice to bidders;
WHEREAS, on April 10, 2014, the City Council of the City of Baytown awarded the bid
for the Civil Center Window Replacement Project for the base bid and Add Alternate No. 6 to JC
Stonewall Constructors, LP, for an amount not to exceed of ONE HUNDRED TWENTY -ONE
THOUSAND SEVEN HUNDRED AND NO /100 DOLLARS ($121,700.00) (the "Original
Contract "); and
WHEREAS, the City now desires to elect to enter into this Supplemental Agreement for
the following bid alternate items that were in the original bid for the competitive prices received
in March 2014, pursuant to the terms and conditions of the Original Agreement:
Add Alternate
1
Description
PecanBluebonnet Rooms
2
Senior Room
3
Teas Room
4
Central Offices
5
Mockingbird/Lone Star Rooms
WHEREAS, the CONTRACTOR is willing to perform the work described hereinabove
in accordance with its bid submitted in March 2014, in accordance with the terms and conditions
of the Original Contract; NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That subject to the Change Order authorized in Section 2 hereof, the City
Council of the City of Baytown hereby accepts the bid of JC Stonewall Constructors, LP, for the
Civic Center Window Replacement Project according to the plans and specifications set forth by
the City's Engineer for Bid Alternate Nos. 1, 2, 3, 4, and 5, and the City Manager and the City
Clerk of the City are hereby authorized and directed to execute and attest to a supplement
agreement with JC Stonewall Constructors, LP, for the above - described bid alternates, 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 the City Council does hereby authorize Change Order No. 1 with JC
Stonewall Constructors, LP, for the Civic Center Window Replacement Project's Supplemental
Agreement. A copy of said change order is attached hereto, marked Exhibit "A" and made a part
hereof for all intents and purposes.
Section 3: That the City Council of the City of Baytown, Texas hereby authorizes
payment of an amount not to exceed ONE HUNDRED SIXTY -SEVEN THOUSAND NINETY
AND 65/100 DOLLARS ($167,090.65) based upon Bid Alternate Nos. 1, 2, 3, 4 and 5 together
with the additions and reductions in Change Order No. 1 authorized in Section 2 hereof.
Section 4: 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 NO/ 100
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 5: This ordinance shall take effect October 1, 2014 after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative v e 6f the City Council of the
City of Baytown this the 25th day of September, 2014. 1
S)(EPHEN- Fr- DONCARLOS, Mayor
APPROVED AS TO FORM:--
ACIO RAMIREZ, SR., Ci Attorney
R:1Karen\FileslCity CoundhOrdinances\2 eptember 25W wardSupplementtoCivicCenterWindowReplacementProject .doc
2
Exhibit "A"
SUPPLEMENTAL AGREEMENT
CONCERNING THE
CIVIC CENTER WINDOW REPLACEMENT PROJECT
STATE OF TEXAS
KNOWN BY THESE PRESENTS:
COUNTY OF HARRIS
This Supplemental Agreement concerning the Civic Center Window Replacement Project
is made this — day of , 2014, by and between the City of Baytown, Texas,
acting by and through its City Council of the City of Baytown, Texas hereinafter referred to as
the "OWNER," and JC Stonewall Constructors, LP, a Texas limited partnership, hereinafter
referred to as the "CONTRACTOR"; and the Parties do hereby make and enter into the
following agreement:
RECITALS
WHEREAS, the City Council of the City of Baytown did advertise for bids for the Civic
Center Window Replacement Project to be received on March 25, 2014; and
WHEREAS, notice to bidders as to the time and place, when and where the bids %Mould
be publicly opened and read aloud was published pursuant to provisions of Texas Local
Government Code Annotated j 252.041; and
WHEREAS. all bids were opened and publicly read at City Hall at 2:00 o'clock p.m.,
Tuesday, March 25, 2014. as per published notice to bidders
WHEREAS, on April 10, 2014, the City Council of the City of Bayto%N n awarded the bid
for the Civil Center Window Replacement Project for the base bid and Add Alternate No. 6 to
the Contractor for an amount not to exceed of ONE HUNDRED TWENTY -ONE TI IOUSAND
SEVEN HUNDRED AND NO/] 00 DOLLARS ($121,700.00) (tile "Original Contract "); and
WHEREAS, the OWNER now desires to elect to enter into this Supplemental Agreement
for the following Add Alternate items that were in the CONTRACTOR'S original bid for the
competitive prices received in March 2014, pursuant to the terms and conditions of the Original
Agreement:
Supplemental Agreement, Page I
Add Alternate
Description
Price
Provide additional windows indicated: All work relating to providing two
(2) additional Type A5 and two (2) additional Type A6 window
3
assemblies in the locations shown in the drawings, including all
$48,250.00
Tejas Room
miscellaneous steel, masonry, dampprooling, flashing, sealant, door
hardware, patching and painting necessary for the replacement and support
of these openings
Prot ide additional windows indicated: All stork relating to providing two
4
(2) additional Type A5 window assemblies and one (1),rype A7 window
Central Offices
infill in the locations shottn in the drawings. including all miscellaneous
$29,990.00
steel. masonry, dampprooling. flashing. sealant, door hardware, patching
and painting necessary for the replacement and support of these openings
Prot ide additional windows indicated: All work relating to providing two
(2) additional l N pc A5 %%indott assemblies and one additional Type A8
Ivlockingbird/Lone
wmdo%% assemblies in the locations shown in the drawings, including all
528,500.00
Star Rooms
miscellaneous steel, masonry, dampproofng, flashing. sealant, door
hardware, patching and painting necessary for the replacement and support
of these openings
Total
1 5173,720.00
WHEREAS, the CONTRACTOR is willing to perform the work described hereinabove
in accordance with its bid submitted in March 2014, in accordance with the terms and conditions
of the Original Contract;
NOW THEREFORE, for and in consideration of the mutual covenants, agreements and
benefits to the parties herein named, it is agreed as follows:
Agreement. CONTRACTOR shall execute the work detailed in Add Alternates 1 -5 as
described hereinabove (the "Work ") and contained in CONTRACTOR'S bid submitted
in March 2014, in accordance with the Original Contract, which contract contains the
plans, specifications, and requirements of the OWNER'S engineer.
2. Bonds and Insurance. On or before the execution of this Supplemental Agreement, the
CONTRACTOR shall deliver to the OWNER all documents, bonds, and certificates of
insurance required in the Original Contract for this Supplemental Agreement.
3. Commencement and Duration of Work. The work shall be commenced within ten (10)
calendar days of the date specified in the notice to proceed and will be completed within
one hundred hventy (120) calendar days from the date specified in the notice to
proceed unless a different amount of time is authorized in writing by the OWNER. In the
event of any dispute, the records of the OWNER shall be conclusive evidence as to the
date specified on the notice to proceed.
4. Construction of Agreement. Both the Contract Documents as referenced in the Standard
Form of Agreement for Civic Center Window Replacement Project between the City and
the Contractor and this Supplemental Agreement shall govern the Work. Should any
term or condition in this Supplemental Agreement conflict with the Original Contract,
this document shall control. This Supplemental Agreement coupled with the Original
Supplemental Agreement, Page 2
Contract constitutes the entire agreement between OWNER and CONTRACTOR
regarding the Work. No agreements, amendments, modifications, implied or otherwise,
shall be binding on any of the parties unless set forth in writing and signed by both
parties
5. Construction of Agreement. 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. The parties further agree to take such further action as may be necessary in
order to ensure compliance with all applicable laws.
6. Authorily. The officers executing this Agreement on behalf of the parties hereby confirm
that such officers have full authority to execute this Supplemental Agreement and to bind
the party he /she represents.
IN WITNESS HEREOF, the parties have executed this agreement in duplicate originals
at Baytown, Harris County, Texas.
CITY OF BAYTOWN
ROBERT D. LEIPER
City Manager
ATTEST:
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
Supillemental Agreement. Page 3
JC STONEWALL CONSTRUCTORS, L.P.,
a Texas Limited Partnership
By: PRO M &E MANAGEMENT
GROUP, INC., its General Partner
Signature
Printed Name
Title
STATE OF TEXAS
COUNTY OF HARRIS
Before me, the undersigned notary public, on this day
personally appeared , the of PRO M &E
MANAGEMENT GROUP, INC., acting as the General Partner of JC STONEWALL
CONSTRUCTORS, L.P., and on behalf of such limited partnership
known to me;
proved to me on the oath of ; or
proved to me through his/her current
(description of identification card or other document issued by the federal
government or any state government that contains the photograph and signature of
the acknowledging person)
(check one)
to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me
that he /she executed that instrument for the purposes and consideration therein expressed.
Given under my hand and seal of office this day of , 2014.
Notary Public in and for the State of
Texas
My commission expires:
%% COBFSOIU. egaiW.mn\FiIes%EngineerinS%MAS7ER AGREEMENTSTivic Center Windows'SUPPLEMENTAL AGREEMENT2014.doc
Supplemental Altreement Page 4
Exhibit "B"
el CITY OF BAYTOWN
Change Order No. 1
BAYTOWN
S Civic Center Window Replacement Project
9/16/2014
Brief Description of Changes:
Add or Delete Items:
Item
Description
Unit
Quantity
Unit Price
Total
1
Deduct for Brick
1
LS
14,379.35
$ 14,379.35
2
General Conditions
1
LS
7,150.00
$ 7,150.00
3
Brick Material Increase
1
LS
600.00
$ 600.00
rota
Contract Summary:
z!) (b,bza.35)
Original Contract Price
$ 121,700.00
Supplemental Contract
$ 173,720.00
Previous Change Orders
$ -
This Change Order
(, )
Revised Contract F'nce
;b zt5t3, f Vu.00
Original Contract Duration - Calendar Days 12C
Previous Time Extensions
This Change Order
Revised Contract Duration - Calendar Days 120
JC Stonewall Constructors, LP
Director of Finance Date
PGAL Date
Director of Engineering
Date
City Manager Date