Ordinance No. 7,029940628 -1
ORDINANCE NO. 7029
• AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH
TOM -MAC, INC., FOR THE MARINA BULKHEAD AND BREAKWATER
SYSTEM; AUTHORIZING PAYMENT OF THE SUM OF FIVE HUNDRED
EIGHTY -FIVE THOUSAND FOUR HUNDRED FIFTY AND N01100
DOLLARS ($585,450.00); AUTHORIZING CHANGE ORDER NO. 1
WITH TOM -MAC, INC., FOR THE MARINA BULKHEAD AND
BREAKWATER SYSTEM REDUCING THE ORIGINAL CONTRACT AMOUNT
BY $5,824.00; 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 Marina Bulkhead and Breakwater System, to be received June 9,
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 10:00 o'clock a.m., Thursday, June 9, 1994, as per published
notice to bidders; 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
accepts the bid of Tom -Mac, Inc., to do the above described work
according to the plans and specifications set forth by the City
Engineer for the sum of FIVE HUNDRED EIGHTY -FIVE THOUSAND FOUR
HUNDRED FIFTY AND N01100 DOLLARS ($585,450.00), and authorizes
payment thereof, and the Mayor and the City Clerk of the City are
hereby authorized and directed to execute and attest to a contract
with Tom -Mac, 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. 5160.
Section 2: 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 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 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.
940628 -1a
Section 4: That the City Council does hereby authorize Change
Order No. 1 with Tom -Mac, Inc., for the Marina Bulkhead and
Breakwater System reducing the original contract amount by
$5,824.00 for a total contract of $579,626.00. A copy of said
change order is attached hereto, marked Exhibit "A," and made a
part hereof for all intents and purposes.
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 28th day of June,
1994.
,ate r
PETE C. AL O, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
-9/
ACID RAMIREZ, kn., City Attorney
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