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Ordinance No. 16,098 ORDINANCE NO. 16,098 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND CITY CLERK TO ATTEST TO A CONTRACT WITH LEM CONSTRUCTION COMPANY, INC., FOR THE CDBG MITIGATION PROGRAM-FUNDED EAST DISTRICT WASTEWATER TREATMENT PLANT (EDWWTP) PHASE 2 REHABILITATION PROJECT; AUTHORIZING PAYMENT OF A SUM NOT TO EXCEED THIRTY- EIGHT MILLION EIGHT HUNDRED EIGHTY-FIVE THOUSAND SEVEN HUNDRED FIFTY AND NO 100 DOLLARS ($38,885,750.00); AUTHORIZING 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 CDBG Mitigation Program-funded East District Wastewater Treatment Plant(EDWWTP) Phase 2 Rehabilitation Project to be received on February 13, 2025; 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 at 2:00 o'clock p.m., Thursday, February 13, 2025, as per published notice to bidders on December 24, 2024 and January 2, 2025; 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 LEM Construction Company, Inc., for the CDBG Mitigation Program-funded East District Wastewater Treatment Plant (EDWWTP) Phase 2 Rehabilitation Project according to the plans and specifications set forth by the City's engineer, and the City Manager is hereby authorized and directed to execute, and the City Clerk is hereby authorized and directed to attest to a contract with LEM Construction Company, 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 2: That the City Council hereby authorizes payment of an amount not to exceed THIRTY-EIGHT MILLION EIGHT HUNDRED EIGHTY-FIVE THOUSAND SEVEN HUNDRED FIFTY AND NO 100 DOLLARS ($38,885,750.00) based upon the unit prices specified in the bid. Section 3: That the City was able to secure one (1) funding partners for this project and the funding contribution is listed below: a) Community Development Block Grant-Mitigation Program (CDBG MIT) via Contract No. 22-085-012-D240; as funded by the Texas General Land Office (GLO): total amount of funding is $32,394,113.86. Of that funding provided, the GLO has indicated that $25,241,348.86 shall be designated for construction activities only; b) City of Baytown is responsible for the remaining project expenditures. 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 NOI100 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 (2510) without the consent of the contractor to such decrease. Section 5: 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 13"day of March, 2025. ARLES JOH ILION, Mayor OF BAYrdly. ATTEST: 444�& -1 AJ&Vml. � NGELA JAC SON, Cit dqe 5 F OF 7E.�P APPROVED S T 2FORM: SCOTT L • OND, City Attorney R:.Ordinances and Resolutions%.Ordinance Drafts\2025-03-13.Ordmance Awarding CDBG Mitigation Program-funded to LEM Construction Co for East District Wastewater Treatment Plant(EDWWTP)Phase 2 Rehabilitation Project docx 2