Ordinance No. 11,272ORDINANCE NO. 11,272
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 'l -IE CITY OF
BAYTOWN' FOR THE SUM OF ONE I-FUNDRED SIXTY -EIGHT THOUSAND NINE
HUNDRED 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
Oil 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, 2007, and January 8, 2009, 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 l: 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/] 00 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 City Council of the City of
Baytown this the 10`h day of December, 2009.
A �PY� 1`.n S PHEN H. DONCARLOS. Mayor
L IAA /FORM: lerk
APP O
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10Karen \Fi1es \City Council \Ordinances \2 9 \December 101 RenewAnnualCemcntStabi lizedSandContract.doc