Ordinance No. 15,940 ORDINANCE NO. 15,940
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ACCEPTING THE BID OF LEM CONSTRUCTION COMPANY, INC., FOR THE
BAYTOWN AREA WATER AUTHORITY ("BAWA") RAW WATER PUMP
REHABILITATION PROJECT AT THE FRITZ LANHAM WATER TREATMENT PLANT;
AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO
EXECUTE AND ATTEST TO A CONTRACT WITH LEM CONSTRUCTION COMPANY,
INC., FOR SAID PROJECT; AUTHORIZING PAYMENT NOT TO EXCEED THE SUM OF
TEN MILLION EIGHT HUNDRED FORTY-FIVE THOUSAND EIGHT HUNDRED FIFTY
AND NO/100 DOLLARS ($10,845,850.00); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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WHEREAS,the City Council of the City of Baytown did advertise for bids for the Baytown Area Water
Authority("BAWA")Raw Water Pump Rehabilitation Project to be received on August 15, 2024; 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;
WHEREAS, all bids were publicly opened and read out loud on August 15, 2024 at 2:00 p.m., as per
published notice to bidders;
WHEREAS, the Baytown Area Water Authority's enabling legislation requires that the City Council
approve the contract before Baytown Area Water Authority("BAWA")enters into the same; and
WHEREAS,on September 18,2024,the Board of Directors of BAWA met and approved the Raw Water
Pump Rehabilitation Project Contract between the Baytown Area Water Authority and LEM Construction
Company, Inc.; and
WHEREAS,the City of Baytown desires to approve such contract;NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: That the recitals set forth hereinabove are hereby found to be true and correct and are
hereby adopted.
Section 2: That the City Council of the City of Baytown hereby accepts the bid of LEM Construction
Contract, Inc., for the Baytown Area Water Authority ("BAWA") Raw Water Pump Rehabilitation Project
according to the plans and specifications set forth by the City's Engineer, and authorizes payment of an amount
not to exceed TEN MILLION EIGHT HUNDRED FORTY-FIVE THOUSAND EIGHT HUNDRED FIFTY
AND NO/100 DOLLARS($10,845,850.00)based upon the unit prices specified in the bid,and the City Manager
and the City Clerk of the City are hereby authorized and directed to execute and attest to a contract with LEM
Construction Contract,Inc.,for the above-described project,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 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 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 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 26th day of September,2024.
t3 ON CAPE ILLO,Mayor
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ANGELA J KS , City Clerk
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APPROVED AST F �u"' ..
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SCOTT LE O ,City Attorney
R:\Ordinances and Resolutions\Ordinance Drafts\2024-09-26\Ordinance Approving the Bid Award for Construction Contract to LEM Construction for
BAWA Raw Water Pump Rehabilitation Project.docx