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Ordinance No. 9,338ORDINANCE NO. 9338 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO AN AGREEMENT WITH D & W CONTRACTORS, INC., FOR THE 2001 MUNICIPAL STREET REHABILITATION PROGRAM; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE SUM OF SIX HUNDRED EIGHTY THOUSAND FOUR HUNDRED EIGHTY -THREE AND NO 1100 DOLLARS ($680,483.00); 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 accepts the bid of D & W Contractors, Inc., for the 2001 Municipal Street Rehabilitation Program according to the plans and specifications set forth by the City's Engineer for the sum of SIX HUNDRED THIRTY - FIVE THOUSAND NINE HUNDRED SIXTY -FOUR AND 40 /100 DOLLARS ($635,964.40) and authorizes payment thereof; and the City Manager and the City Clerk of the City are hereby authorized and directed to execute and attest to a contract with D & W Contractors, Inc., for the above - described work, said contract containing the plans, specifications, and requirements of the City's Engineer and appropriate bond requirements in accordance with the provisions of Texas Government Code, Chapter 2253. 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 the City Council of the City of Baytown authorizes payment of the sum of FORTY -FOUR THOUSAND FIVE HUNDRED EIGHTEEN AND 60/100 DOLLARS ($44,518.60), for quality assurance testing. Section 4: 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 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 March, 2002. x� c, 't6 14-1p— PETE C. ALFARO, ayor ATTEST: r �l G Y VV. SMITH, City Clerk APPROVED AS TO FORM: r10f4AC10 RAMIRE ., City Attorney 0 FA KarenT itesUry CounciAOrdinances WwardContractFor0I Municipa6treetRehabPrcgam .doc