Ordinance No. 8,512990211 -1
ORDINANCE NO. 8512
® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 'OF BAYTOWN, TEXAS,
APPROVING A MEMORANDUM OF RENEWAL OF THE 1998 -99 ANNUAL SANITARY
SEWER REHABILITATION CONTRACT BETWEEN THE CITY 4�AYTOWN AND P.M.
CONSTRUCTION & REHABILITATION, L.P., FOR THE 1998 -99 ANNUAL SANITARY
SEWER REHABILITATION CONTRACT IN THE AMOUNT OF NINE HUNDRED THIRTY -
FOUR THOUSAND NINE HUNDRED FORTY -NINE AND NO /100 DOLLARS ($934,949.00);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
WHEREAS, the City of Baytown and P.M. Construction & Rehabilitation, L.P., did enter in a 1998 -99
Annual Sanitary Sewer Rehabilitation Contract on April 8, 1998; and
WHEREAS, the City Council of the City of Baytown, Texas, wishes to approve the renewal of such
contract; THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section I : That the City Council of the City of Baytown, Texas, hereby authorizes the execution of
the Memorandum of Renewal of the 1998 -99 Annual Sanitary Sewer Rehabilitation Contract between the City of
Baytown and P.M. Construction & Rehabilitation, L.P., in the amount of NINE HUNDRED THIRTY -FOUR
THOUSAND NINE HUNDRED FORTY -NINE AND NO /100 DOLLARS ($934,949.00) for a period of one year,
commencing on February 11, 1999. A copy of said contract is attached hereto, marked Exhibit "A," and made a
part hereof for all intents and purposes.
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 FI FTEEN THOUSAND AND NO/] 00 DOLLARS ($15,000.00) 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 I I th day of February, 1999.
/� n
/.fir` �•
PETE C. ALFARO, M yor
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
AC10 RAMIREZ, SR., Attorney
c AMyDocumcnts \Counci Weetings \February\Renesv98- 99AnnualSan itarySewerRehabK.doc
Y
® MEMORANDUM OF RENEWAL OF
THE `\
CITY OF BAYTOWN
1998 -99 ANNUAL SANITARY SEWER REHABILITATION CONTRACT
STATE OF TEXAS §
COUNTY OF HARRIS §
WHEREAS, on the 8 "' day of April, 1998, the City of Baytown (the "Owner ") and P.M.
Construction & Rehabilitation, L.P., (the "Contractor ") entered into an Annual Sanitary Sewer
Rehabilitation Contract for 1998 through 1999 (the "Contract "); and
WHEREAS, the Contract Documents as defined in the Contract state as follows:
This agreement shall be for an initial term of one year, with the option for an
extension of the same for an additional one -year period under the same terms,
conditions and unit prices as expressed herein. Such option must be exercised in
writing by the OWNER and the CONTRACTOR; and
WHEREAS, the Contractor and the Owner wish to renew the Contract at this time for a
period of time expiring the earlier of one year from the effective date of this Memorandum of
Renewal (the "Memorandum ") or until funds allocated for this Memorandum have been exhausted;
and
NOW THEREFORE, for and in consideration of the mutual covenants and agreements
herein contained, the parties hereto do hereby mutually agree as follows:
Unless a different meaning clearly appears from the context, words and phrases as used in
this Memorandum shall have the same meanings as in the Contract.
Pursuant to the Contract Documents, the Contractor and the City hereby renew the Contract
under the same terms and conditions as expressed therein. Unless sooner terminated by the City
Manager or his designee, this Memorandum shall be effective commencing on the _ day of
February, 1999, and shall remain in force for a period of time not to extend beyond the earlier of the
® day of February, 2000, or the date funds allocated for this Memorandum have been exhausted.
EXHIBIT A
Memorandum of Renewal, Page I
The Contractor understands and agrees that it shall, to the satisfaction of the City, provide
new performance and payment bonds and certificates of insurance meeting the requirements of the
Contract and covering the period of time that this Memorandum is in effect. Such bonds and
certificates shall be provided within ten (10) days from the effective date of this agreement. Should
such bonds and insurance not be provided by such date, this Memorandum along with the Contract
may, at the option of the City Manager terminate or the City may assess liquidated damages in
accordance with Special Addendum No. 2 as if this obligation to provide bonds and certificates is
work to be performed with the completion date being the ten (10) days from the effective date of this
Memorandum.
IV.
The provisions of this Memorandum and the provisions of the Contract should be read
together and construed as one agreement provided that, in the event of any conflict or inconsistency
between the provisions of this Memorandum and the provisions of the Contract, the provisions of
this Memorandum shall control.
V.
This Memorandum and the Contract replace and supersede all prior agreements by and
among the Owner and the Contractor and supersede all prior written and oral statements and no
representation, statement, or condition or warranty not contained in such documents is binding on
the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum in multiple
copies, each of which shall be deemed to be an original, but all of which shall constitute but one and
the same agreement, this the day of , 1999.
CITY OF BAYTOWN
PETE C. ALFARO, Mayor
ATTEST:
0 EILEEN P. HALL, City Clerk
MemorandUM of Renewal, Page 2
APPROVED AS TO FORM:
ACID RAMIREZ, , City Attorney
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me,
personally appeared
limited partnership,
known to me;
CONTRACTOR
P.M. CONSTRUCTION &
REHABILITATION, L.P.
Signature
Printed Name
Title
the undersigned notary public, on this day
in his/her capacity as
of P.M. Construction & Rehabilitation, L.P., on behalf of such
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)
(✓ 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 , 1999.
Notary Public in and for the State of
Texas
0 My commission expires:
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Memorandum of Rene%val, Page 3