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Ordinance No. 11,091ORDINANCE NO. 11,091 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN. TEXAS, RENEWING THE ANNUAL MILL AND OVERLAY CONTRACT — 2008 WITH ANGEL BROTHERS ENTERPRISES. LTD.: AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN. IN AN AMOUNT NOT TO EXCEED ONE MILLION FIVE HUNDRED THOUSAND AND NO /100 DOLLARS ($1,500.000.00); MAKING OTHER PROVISIONS RELATED THERETO, AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ************************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** WHEREAS. Angel Brothers Enterprises, LTD., was awarded the Annual Mill and Overlay Contract on May 10, 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 April 24. 2008. and may be renewed again for an additional one - year period; and WHEREAS. Angel Brothers Enterprises. LTD., has indicated its willingness to renew the contract for an additional year under the same tetras 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 contract of Angel Brothers Enterprises. LTD.. for the Annual Mill and Overlay Contract — 2008 and authorizes payment in an amount not to exceed ONE MILLION FIVE HUNDRED THOUSAND AND NO /100 DOLLARS ($1,500,000.00) based upon the unit prices specified in the Annual Mill and Overlay Contract — 2008. 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 /] 00 DOLLARS ($25,000.00) or less, provided 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 26`t' day of March_ 2009. 1 M KA T: DARNELL. City Clerk APPROVED AS TO FORM: PSO� �p.YTO cn z f CAPETILLO. Mayor Pro Tern 4") � R NACIO RAMIREZ, SR., Ciijttorney \ \cobsrvl \legal\Karen \Files \City Council\ Ordinances\ 2009 \March 26U tenewAnnualMillandOverla }Contract.doc