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Ordinance No. 12,289ORDINANCE NO. 125289 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF WASTE MANAGEMENT OF TEXAS FOR THE ANNUAL RECYCLING CENTER CONTRACT; AUTHORIZING CHANGE ORDER NO. 1 TO SUCH CONTRACT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF THIRTY -FOUR THOUSAND FIVE HUNDRED TWENTY -TWO AND 78/100 DOLLARS ($34,522.78); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ********************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** WHEREAS, Waste Management of Texas was awarded the Annual Recycling Center Contract on June 23, 2005, 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 June 8, 2006, June 12, 2007, June 12, 2008, May 14, 2009, May 13, 2010, June 23, 2011, and June 14, 2012, and can be renewed again for an additional one -year term; and WHEREAS, Waste Management of Texas has indicated its willingness to renew the contract for an additional year under the same terms and conditions but with a 1.063% CPI -U increase; and WHEREAS, the City's Public Works Department no longer desires to require Waste Management to staff the center; and WHEREAS, Waste Management has agreed to such change and has executed Change Order No. 1 to reduce its annual contract by THIRTY -NINE THOUSAND FOUR HUNDRED SEVENTY -TWO AND 92/100 DOLLARS ($39,472.92); and WHEREAS, the Administration has reviewed the market conditions and recommends renewal as well as the deduct change order 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 subject to the Change Order No. 1 authorized in Section 2 hereof, the City Council of the City of Baytown hereby renews the contract of Waste Management of Texas for the Annual Recycling Center Contract for the sum of THIRTY -FOUR THOUSAND FIVE HUNDRED TWENTY -TWO AND 78/100 DOLLARS ($34,522.78), and authorizes payment thereof. Section 2: That the City Council does hereby authorize Change Order No. 1 with Waste Management of Texas for the Annual Recycling Center Contract. A copy of said change order is attached hereto, marked Exhibit "A" and made a part hereof for all intents and purposes. 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, 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. 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 t 'ty Co; '1 of the City of Baytown this the 11th day of July, 2013. STVPHEN H. DONCARLOS, Mayor ATT L`ETICIA 8RY'SCH "City lerk �7/ APPROVED AS TO FORM: ACIO RAMIREZ, SR., C' Attorney RAKaren\Files \City Council \Ordinances\2013Vuly 11\ RenewAnnualRecyclingCenterContract &AuthorizingChangeOrderNoLdoc 2 Exhibit "A" Brief Description of Changes: This change order is issued to delete the Operation Cost of the Recycling Center. The parties no longer desire for Waste Management to staff the center. Therefore, this change order removes such operation from the Annual Recycling Center Contract. Add or Delete Items: Item Description Unit Quantit Unit Price Total 1 Operation Cost of Recycling Center with 2013 CPI Adjustment Month 12 (3,289.41) $ (39,472.92) rotal Contract Summary: $ (39,4 (2.92) Contract Price with CPI Adjustment for 2013 Renewal $ 73,995.70 Previous Change Orders $ - This Change Order Revised Contract Price Waste Management of Texas Date Director of Finance Date :34,511.1b Director of Public Works Date City Manager Date