Ordinance No. 7,341950713 -1
ORDINANCE NO. 7341
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND CITY
® CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH COMMODORE
CONSTRUCTION CORPORATION FOR THE CARVER JONES PARK
IMPROVEMENTS; AUTHORIZING PAYMENT OF THE SUM OF
SIXTY -FIVE THOUSAND NINETY -EIGHT AND N01100 DOLLARS
($65,098.00) ; MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, the City Council of the City of Baytown did authorize
the City Engineer of the City of Baytown to advertise for bids for
the Carver Jones Park Improvements, to be received June 22, 1995;
and
WHEREAS, notice to bidders as to the time and place, when and
where the contract for said construction would be let 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
at 10:00 o'clock a.m., Thursday, June 22, 1995, 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 Commodore Construction Corporation to do the
above described work according to the plans and specifications set
forth by the City Engineer for the sum of SIXTY -FIVE THOUSAND
NINETY -EIGHT AND N01100 DOLLARS ($65,098.00), and authorizes
payment thereof, and the Mayor and the City Clerk of the City are
hereby authorized and directed to execute and attest to a contract
with Commodore Construction Corporation for the above described
work, said contract containing the plans, specifications, and
requirements of the City Engineer and appropriate bond
requirements in accordance with'the provisions of Texas Revised
Civil Statutes Annotated art. 5160.
Section 2: That the administration is authorized to contract
for utility adjustments, laboratory testing, and other professional
services necessary to the operation and completion of the project.
Section 3: 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 FIFTEEN THOUSAND AND N01100
DOLLARS ($15,000.00) or less, subject to the provision that
the original contract price may not be increased by more than
twenty- five (250) or decreased by more than twenty -five (250)
percent without the consent of the contractor to such decrease.
950713 -1a
Section 4: 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 13th day of July,
1995.
� c.
PETE C. AL O, Mayor
ATTEST:
f
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
el-GNACIO RAMIREZ, SR., City Attorney
Iegallcoundimyn- 13- 95engB1 DcarverJONES
0 2
STANDARD FORM OF AGREEMENT
As Adopted By A
THE TEXAS SECTION OF THE AMERICAN SOCIETY OF CIVIL ENGINEERS
Revised November 17, 1928
Revised April 15, 1932
Revised October 27, 1934
Revised October 19, 1945
Revised April 8, 1954
Revised April 21, 1960
Revised October 7, 1971
Approved as to Legal Form by
Legal Counsel
STATE OF TEXAS
COUNTY OF HARRIS §
THIS AGREEMENT, made and entered into this day of ,
A.D. 19 by and between the City of Baytown
' of the County of Harris and State of Texas, acting through
the Mayor and City Council
thereunto duly authorized so to do,
Party of the First Part, hereinafter termed OWNER, and Cormodore Construction
Corporation
of
the City of Houston county of Harris and
State of Tel as Party of the Second Part, hereinafter termed
CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements herein-
after mentioned, to be made and performed by the Party of the First Part (OWNER) , and
under the conditions expressed in the bond bearing even date herewith, the said Party
of the Second Part (CONTRACTOR) , hereby agrees with the said Party of the First Part
' (OWNER) to commence and complete the construction of certain improvements described as
follows:
Carver Jones Park Improvements
and all extra work in connection therewith, under the terms as stated in the General
Conditions of the Agreement and at his (or their) own proper cost and expense to
furnish all the materials, supplies, machinery, equipment, tools, superintendence,
labor, insurance, and other accessories and services necessary to complete the said
construction, in accordance with the Notice to Contractors, General and Special
Conditions of Agreement, Plans and other drawings and printed or written explanatory
matter thereof, and the Specifications and addenda therefor, as prepared by
the Engineering Department
herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR and
the ENGINEER, together with the CONTRACTOR'S written Proposal, the General Conditions
of the Agreement, and the Performance and Payment Bonds hereto attached: all of which
are made a part hereof and collectively evidence and constitute the entire contract.
The CONTRACTOR hereby agrees to commence work within ten .(10) days after the date
SF-1 m by Texas Section, ASCE 1U1
-a
written notice to do so shall have been given to him, and to substantially complete the
same within 60 calendar days after the date of the written notice to commence
work, unless otherwise prescribed in writing by the OWNER, ' subject to such extensions
of time as are provided by the General and' Special Conditions.
I
The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown
in the proposal, which forms a part of this contract, such payments to'-.be subject to
the General and Special Conditions of the contract.
IN WITNESS WHEREOF, the parties to these presents have executed this Agreement
' in the year and day first ab.ove written.
CITY OF BAYTOWN
' Commodore Constru ion i
Party of the First Part (OWNER) Party of econd Page AICONTRACTOR)
By: ��i�G L - By:
' PETE C. ALFARO, MAYOR
ATTEST: ATTEST:
EILEEN P. HALL, CITY CLERK
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S —? m,by Texas_ Sectj.on, ,A4CF_1971