Ordinance No. 15,642ORDINANCE NO.15,642
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,
AUTHORIZING A CONSTRUCTION CONTRACT WITH LEM CONSTRUCTION
COMPANY,INC.,FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT-
DISASTER RECOVERY (CDBG-DR)EAST DISTRICT WASTEWATER
TREATMENT PLANT PHASE 1 REHABILITATION PROJECT;AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED TEN
MILLION ONE HUNDRED FORTY THOUSAND THREE HUNDRED SIXTY AND
NO/IOO DOLLARS ($10,140,360.00);MAKING OTHER PROVISIONS RELATED
THERETO;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS,advertising for the CDBG-DR East District Wastewater Treatment Plant Phase 1
Rehabilitation Project commenced on October 3, 2023, and October 10,2023; 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,a non-mandatory pre-bid meeting was held on October 16,2023, at 2:00 pm; and
WHEREAS,two bids were received and publicly opened on November 9,2023,at 2:00 pm; and
WHEREAS,bids received ranged from TEN MILLION,ONE HUNDRED FORTY THOUSAND,
THREE HUNDRED SIXTY AND NO/IOO DOLLARS ($10,140,360.00)to TEN MILLION,FIVE
HUNDRED THOUSAND AND NO/IOO DOLLARS ($10,500,000.00);and
WHEREAS,the lowest bidder was LEM Construction Company,Inc. at TEN MILLION,ONE
HUNDRED FORTY THOUSAND,THREE HUNDRED SIXTY AND NO/IOO DOLLARS
$10,140,360.00;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,Texas,hereby authorizes and directs
the City Manager to execute and the City Clerk to attest to a Construction Contract with LEM Construction
Company,Inc., for the CDBG-DR East District Wastewater Treatment Plant Phase I Rehabilitation Project.
A copy of said agreement is attached hereto as Exhibit "A" and incorporated herein for all intents and
purposes.
Section 2: That the City Council of the City of Baytown authorizes payment to LEM
Construction Company,Inc., in an amount not to exceed TEN MILLION ONE HUNDRED FORTY
THOUSAND THREE HUNDRED SIXTY AND NO/IOO DOLLARS ($10,140,360.00)in accordance with
the agreement authorized in Section 1 hereinabove.
Section 3:That pursuant to the provisions of Texas Local Government Code Aimotated
§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/IOO DOLLARS ($50,000.00)or less,
provided 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.