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Ordinance No. 9,797ORDINANCE NO. 9797 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, ® TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH FROST CONSTRUCTORS, INC., FOR THE EMERGENCY OPERATION CENTER (EOC) AND POLICE ACADEMY PROJECT; AUTHORIZING PAYMENT OF THE SUM OF TWO MILLION SEVEN HUNDRED ELEVEN THOUSAND TWO HUNDRED SIXTY -SIX AND 35/100 DOLLARS ($2,711,266.35); 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 to advertise for bids for the Emergency Operation Center (EOC) and Police Academy Project to be received on Thursday, April 29, 2004; and WHEREAS, notice to bidders as to the time and place, when and where the bids would be publicly opened and read aloud was published pursuant to provisions of Texas Local Government Code Annotated § 252.041; and WHEREAS, all bids were opened and publicly read at City Hall at 10:00 o'clock a.m., Thursday, April 29, 2004, 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 Frost Constructors, Inc., for the Emergency Operation Center (EOC) and Police Academy Project, according to the plans and specifications set forth by the City's Engineer for the sum of TWO MILLION SEVEN HUNDRED ELEVEN THOUSAND TWO HUNDRED SIXTY -SIX AND 35/100 DOLLARS ($2,711,266.35) and authorizes payment thereof. The City Manager and the City Clerk of the City are hereby authorized and directed to execute and attest to a contract with Frost Constructors, 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 pursuant to the provisions of Texas Local Government Code Annotated § 251048, 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 immediately from and after its passage by the City Council of the City of Baytown. 0 INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the ® City of Baytown this the 13`h day of May, 2004. ATTEST: JawlL"' GA&Y W. INCA , City Clerk APPROVED AS TO FORM: 4A-k CTO RAMIREZ, SR., ty Attorney /�. C. PETE C. ALFARO, Ma or ® FAKaren \files \City Council\ Ordinances \AwardPoliceAcademy &EOC.doc 2