Ordinance No. 6,867931209 -4
ORDINANCE NO. 6857
• AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT WITH
THE STATE OF TEXAS DEPARTMENT OF TRANSPORTATION
COMMISSION FOR THE RELOCATION OF THE WATERLINE ON LOOP
201 AT MISSOURI STREET; AUTHORIZING PAYMENT BY THE CITY
OF BAYTOWN, THE SUM OF SIXTY -SEVEN THOUSAND FIVE HUNDRED
FIFTY -THREE AND 07/100 DOLLARS ($67,553.07) ; MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
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 authorizes and directs the Mayor and City Clerk of
the City of Baytown to execute and attest to a contract with the
State of Texas Department of Transportation Commission for the
relocation of the waterline on Loop 201 at Missouri Street. A copy
of said contract is attached hereto, marked Exhibit "A," and made
a part hereof for all intents and purposes.
Section 2: That the City Council of the City of Baytown
authorizes payment to the State of Texas Department of
Transportation Commission of the sum of SIXTY -SEVEN THOUSAND FIVE
HUNDRED FIFTY -THREE AND 07/100 DOLLARS ($67,553.07), pursuant to
the contract.
Section 3: That pursuant to the provisions of Texas Local
Government Code Annotated S 252.048, the City Manager is hereby
granted general authority to approve any change order involving a
decrease or an increase in costs of FIFTEEN THOUSAND AND N01100
DOLLARS ($15,000.00) or less, subject to the provision that the
original contract price may not be increased by more than
twenty -five (25 %) or decreased by more than twenty -five (25 %)
percent 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 9th day of December,
1993.
PETE C. ALFARO,, Mayor
0
0 ATTEST:
EILEEN P. HALL, City Clerk
4m56:c':g)' 2" -5K
�GNACIO RAMIREZ, SR., City Attorney
ksjW a w8 /12-9- 93TxWrcaaU"
•
931209 -4a
NH 94(12)M
0389 -13 -034
Harris County
STATE OF TEXAS
COUNTY OF TRAVIS
THIS AGREEMENT is made this day of , 1993, by and between the
City of Baytown, Texas, hereinafter called the "City ", Party of the First Part, acting by
and through its City Council and the State of Texas, hereinafter called the "State",
Party of the Second Part, acting by and through its Texas Department of
Transportation Commission.
WHEREAS, the City desires participation in construction of water mains and
incidental items within the limits from State Highway No. 146 Southwest of Baytown
to Spur 330 on Loop 201, which is solely the City's responsibility and the City has
requested the State to construct or have constructed this work. The State will
construct or have constructed this work for and on behalf of the City and at the City's
sole expense, excluding preliminary engineering. The estimated construction cost of
this work is Sixty Seven Thousand Five Hundred Fifty Three and 07/100 Dollars ($67,
553.07), including contingencies and construction engineering and including indirect
costs at the rates in effect for the fiscal years during which the work is accomplished.
The indirect cost rate will be based on the Texas Department of Transportation's
Indirect Cost Plan.
NOW THEREFORE, it is understood that this proposed work will be constructed by
the State and the City will transmit to the State with the return of this agreement,
0 executed by the City, a warrant or check made payable to the Texas Department of
-1-
EXHIBIT A
• NH 94(12)M
0389 -13 -034
Harris County
0
Transportation in the amount of Sixty Seven Thousand Five Hundred Fifty Three and
07/100 Dollars ($67,553.07), to be used in paying for the proposed work required by
the City in the City of Baytown. It is further understood that the State will construct
only those items for the City as requested and required by the City and the entire cost
of such items, excluding preliminary engineering, will be borne by the City. If the
State elects to receive bids and if upon receipt of bids by the State and /or the actual
construction and /or approved changes in the contemplated improvements it is found
that this amount is insufficient to pay the City's portion, then the City upon request of
the State will forthwith supplement this amount by an amount equal to the City's full
estimated or actual share of the cost of this work less the amount previously paid to
the Texas Department of Transportation. In the event the amount as paid is more than
the actual cost, then the excess amount will be returned to the City. It is further
understood that the work to be done on behalf of the City, as herein provided, will
include the cost of contingencies and construction engineering and indirect costs.
-2-
NH 94(12)M
0389 -13 -034
Harris County
IN TESTIMONY WHEREOF, the parties hereto have caused these presents
to be executed in duplicate on the day above stated.
ATTEST:
Eileen P. Hall, City Clerk
APPROVED AS TO FORM:
Ignacio Ramirez, Sr., City Attorney
CITY OF BAYTOWN
Party of the First Part
By
Pete C. Alfaro, Mayor
TEZAB DBPARTKUT OF
TRANSPORTATION
Party of the Second Part
Certified as being executed for
the purpose and effect of
activating and /or carrying out
the orders, established
policies, or work programs
heretofore approved and
authorized by the Texas
Department of Transportation
Commission under the authority
of Minute Order 100002.
• BY
Direct-or,
Contract Administration
-3-
NH 94(12)M
0389-13-034
Harris County
STATE OF TEXAS
COUNTY OF TRAVIS
THIS AGREEMENT is made this is day of 1993, by and between the
City of Baytown, Texas, hereinafter called the "City", Party of the First Part, acting by
and through its City Council and the State of Texas, hereinafter called the "State",
Party of the Second Part, acting by and through its Texas Department of
Transportation Commission.
WHEREAS, the City desires participation in construction of water mains and
incidental items within the limits from State Highway No. 146 Southwest of Baytown
to Spur 330 on Loop 201, which is solely the City's responsibility and the City has
requested the State to construct or have constructed this work. The State will
construct or have constructed this work for and on behalf of the City and at the City's
sole expense, excluding preliminary engineering. The estimated construction cost of
this work is Sixty Seven Thousand Five Hundred Fifty Three and 07/100 Dollars ($67,
553.07), including contingencies and construction engineering and including indirect
costs at the rates in effect for the fiscal years during which the work is accomplished.
The indirect cost rate will be based on the Texas Department of Transportation's
Indirect Cost Plan.
NOW THEREFORE, it is understood that this proposed work will be constructed by
the State and the City will transmit to the State with the return of this agreement,
executed by the City, a warrant or check made payable to the Texas Department of
-1-
NH 94(12)M
0389-13-034
Harris County
Transportation in the amount of Sixty Seven Thousand Five Hundred Fifty Three and
07/100 Dollars ($67,553.07), to be used in paying for the proposed work required by
the City in the City of Baytown. It is further understood that the State will construct
only those items for the City as requested and required by the City and the entire cost
of such items, excluding preliminary engineering, will be borne by the City. If the
State elects to receive bids and if upon receipt of bids by the State and/or the actual
construction and/or approved changes in the contemplated improvements it is found
that this amount is insufficient to pay the City's portion, then the City upon request of
the State will forthwith supplement this amount by an amount equal to the City's full
estimated or actual share of the cost of this work less the amount previously paid to
the Texas Department of Transportation. In the event the amount as paid is more than
the actual cost, then the excess amount will be returned to the City. It is further
understood that the work to be done on behalf of the City, as herein provided, will
include the cost of contingencies and construction engineering and indirect costs.
-2-
NH 94 (12)M
0389-13-034
Harris County
IN TESTIMONY WHEREOF, the parties hereto have caused these presents
to be executed in duplicate on the day above stated.
CITY OF BAYTOWN
Party of the First Part
By
Pete C. Al aro, Mayor
ATTEST:
-
"'e'te
Eileen P. a11, City Clerk
APPROVED AS TO FORM:
acio Ramire , Sr. , City Attorney
TEXAS DEPARTMENT OF
TRANSPORTATION
Party of the Second Part
Certified as being executed for
the purpose and effect of
activating and/or carrying out
the orders, established
policies, or work programs
heretofore approved and
authorized by the Texas
Department of Transportation
Commission under the authority
of Minute Order 100002.
L
By
recto ,
Contract Administration
-3-