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Ordinance No. 13,451ORDINANCE NO. 13,451 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS , RENEWING THE ANNUAL CEMENT STABILIZED SAND CONTRACT WITH MEGASAND ENTERPRISES, INC.; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN FOR THE SUM OF ONE HUNDRED SIXTY-THREE THOUSAND FIVE HUNDREDSEVENTY-FIVEANDN0/100DOLLARS($163 ,575.00);MAKINGOTHER PROVISIONS RELATED THERETO ; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. **************************************************************************************** WHEREAS, Megasand Enterprises, Inc., was awarded the Annual Cement Stabilized Sand Contract on May 28, 2015, pursuant to competitive bidding procedures , which contract included an option by the parties to renew for additional one-year periods; and WHEREAS , such contract was renewed on June 9, 2016 , and can be renewed again for an additional one-year term; and WHEREAS , Megasand Enterprises, Inc., has indicated its willingness to renew the contract for an additional year under the same terms and conditions; and WHEREAS, the Administration has reviewed the market conditions and recommends renewal as being in the best interest of the City; 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 renews the Annual Cement Stabilized Sand Contract with Megasand Enterprises, Inc., for the sum of ONE HUNDRED SIXTY-THREE THOUSAND FIVE HUNDRED SEVENTY -FIVE AND N0/1 00 DOLLARS ($163,575 .00) and authorizes payment thereof. 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 FIFTY THOUSAND AND N0/1 00 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 3 : This ordinance shall take effect immediately from and after · passage by the City Council of the City of Baytown . INTRODUCED, READ and PASSED by the affirmative vote of th Baytown this the 13 1h day of April, 2017. ST . City Attorney cii\Ordinances\20 17\April 13\RenewAnnuaiCementStabiliz edSandContract.doc