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Ordinance No. 9,798ORDINANCE NO. 9798 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 D &W CONTRACTORS, INC., FOR THE 2001 STREET BOND PROJECT — PHASE 11; AUTHORIZING PAYMENT OF THE SUM OF TWO MILLION FIVE HUNDRED SIXTEEN THOUSAND SIXTY -ONE AND 55/100 DOLLARS ($2,516,061.55); 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 2001 Street Bond Project — Phase II to be received on Friday, April 30, 2004; and WHEREAS, notice to bidders as to the time and place, when and where the bids would be publicly opened and read allowed 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., Friday, April 30, 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 D &W Contractors, Inc., for the 2001 Street Bond Project — Phase II, according to the plans and specifications set forth by the City's Engineer for the sum of TWO MILLION FIVE HUNDRED SIXTEEN THOUSAND SIXTY -ONE AND 55/100 DOLLARS ($2,516,061.55); 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 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 1100 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. 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. PETE C. ALFARO, Mayor APP OVED AS TO FORM: ACIO RAMIREZ, SR., Attorney FA I( arenlfiles \CityCounciAOrdinanceslAward tBond Phase IIConsuvctionOrdinance .doe