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Ordinance No. 11,049ORDINANCE NO. 11,049 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 -EIGHT THOUSAND NINE FIUNDRED SEVENTY AND NO /100 DOLLARS ($168.970.00); MAKING OTHER PROVISIONS RELATED THERETO: AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS. Megasand Enterprises, Inc., was awarded the Annual Cement Stabilized Sand Contract on January 11, 2007, 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 December 13. 2008, 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 -EIGHT THOUSAND NINE HUNDRED SEVENTY AND NO /100 DOLLARS ($168.970.00) 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 TWENTY -FIVE THOUSAND AND NO /100 DOLLARS ($25.000.00) 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 immediatelkth�City assage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vncil of the City of , ,:Bs3 owla, this the 8't' day of January. 2009. EPHEN 1-1. DONCARLOS. YAayor ity Clerk 0 APP OVED AS TO FORM: etd'NACIO RAMIREZ. SR., CW Attorney Wobsrv1 \LegaFKaren\H1es \City Council \Ordinances\2009Uanuaq 8'~ Rene\%- AnnualCementStabiIi zed SandContract .doc