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Ordinance No. 12,908ORDINANCE NO. 12,908 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED THIRTY -SIX THOUSAND NINE HUNDRED SEVEN AND 18/100 DOLLARS ($136,907.18) TO PM CONSTRUCTION & REHAB, LLC, FOR THE HAYES ROAD EMERGENCY MANHOLE REPAIR PROJECT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, Section 252.022 of the Texas Local Government Code exempts from competitive bidding requirements procurements necessary to preserve or protect the public health or safety of the City's residents; and WHEREAS, a major collector manhole at the intersection of Hayes Road and Ferry Road is in imminent danger of collapse; and WHEREAS, to prevent such collapse, a permanent bypass will be installed and the existing manhole will be replaced as part of the Hayes Road Emergency Manhole Repair Project (the "Project "); and WHEREAS, the Project is necessary in order to preserve or protect the public health and safety of the City's residents; 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 declares that the Hayes Road Emergency Manhole Repair Project is necessary to preserve or protect the public health and safety of the City's residents and is an emergency project. Section 2: That the City Council of the City of Baytown, Texas, hereby authorizes payment in the amount of ONE HUNDRED THIRTY -SIX THOUSAND NINE HUNDRED SEVEN AND 18/100 DOLLARS ($136,907.18) to PM Construction & Rehab, LLC, for the Project, and the City Manager and the City Clerk are hereby authorized and directed to execute and attest to a contract with PM Construction & Rehab, LLC, 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 NO1100 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 s passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the ty Council of the City of Baytown this the 23`d day of July, 2015. / I DONCARLOS, A T: LETICIA BRYSCH, City ( 'Wrk 02 o e ° ; tP �e e� s e APPROVED AS TO FORM: �* ACIO RAMIREZ, SR., Ci ttdfney R:'••Karen\Files.City Councif-Ordinances\201 my 251• EmergencyPurchaseofBlowers&Motor4CDWWTPRevised.doc