Ordinance No. 6,936940224 -1
ORDINANCE NO. 6936
• AN ORDINANCE REPEALING ORDINANCE NO. 6928 PASSED ON
FEBRUARY 10, 1994; AUTHORIZING AND DIRECTING THE MAYOR
AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH
N & S CONSTRUCTION CO., INC. FOR THE EXPANSION OF THE
EAST DISTRICT SEWER TREATMENT PLANT; AUTHORIZING PAYMENT
OF THE SUM OF THREE MILLION SEVEN HUNDRED FOUR THOUSAND
SIX HUNDRED THIRTEEN AND 50/100 DOLLARS ($3,704,613.50) ;
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, the City Council of the City of Baytown did authorize
the City Engineer of the City of Baytown to advertise for bids for
the expansion of the East District Sewer Treatment Plant, to be
received February 3, 1994; and
WHEREAS, notice to bidders as to the time and place, when and
where the contract for said construction would be let was
published pursuant to provisions of Texas Local Government Code
Annotated S 252.041; and
WHEREAS, all bids were opened and publicly read at City Hall
at 2:00 ofclock p.m., Thursday, February 3, 1994, as per published
notice to bidders; and
WHEREAS, the City Council of the City of Baytown passed
Ordinance No. 6928 on February 10, 1994, awarding the contract for
the Expansion of the East District Sewer Treatment-Plant to N & S
Construction Co., Inc.; and
WHEREAS, Basic Constructors Inc. was not noticed of the intent
to award the bid and was not given an opportunity to present
evidence of their responsibility pursuant to Section 271.027 of the
Local Government Code; and
WHEREAS, Basic Constructors Inc. has now been noticed of the
intent to award this contract to N & S Construction Co., Inc. and
has been given the opportunity to present evidence of their
responsibility; 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 repeals Ordinance No. 6928 passed on February 10, 1994.
Section 2: That the City Council of the City of Baytown hereby
accepts the bid of N & S Construction Co., Inc. to do the above
described work according to the plans and specifications set forth
by the City Engineer for the sum of THREE MILLION SEVEN HUNDRED
. FOUR THOUSAND SIX HUNDRED THIRTEEN AND 50/100 DOLLARS
($3,704,613.50), and authorizes payment thereof, and the Mayor and
the City Clerk of the City are hereby authorized and directed to
940224 -1a
40 for and attest to a contract with N & S Construction Co., Inc.
for the above described work, said contract containing the plans,
specifications, and requirements of the City Engineer and
appropriate bond requirements in accordance with the provisions
of Texas Revised Civil Statutes Annotated art. 5150.
Section 3: That the administration is authorized to contract
for utility adjustments, laboratory testing, and other professional
services necessary to the operation and completion of the project.
Section 4: 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 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 24th day of February,
1994.
'" c &"6!±L
PETE C. AL FARO, Mayor
ATTEST:
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EILEEN-P. HALL, City Clerk
ACIO RAMIREZ, SR. Sty Attorney
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