Ordinance No. 12,274ORDINANCE NO. 12,274
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE PAYMENT OF THE SUM OF TWO HUNDRED SIXTY -THREE
THOUSAND SEVEN HUNDRED EIGHTY -TWO AND NO /100 DOLLARS ($263,782.00)
TO ASSOCIATED SUPPLY COMPANY FOR THE PURCHASE OF ONE (1) ORAOALL
XL4100 6X4 WITH AN EXTENDED WARRANTY FOR THE PUBLIC WORKS
DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, Texas Local Government Code Annotated §252.022 provides that when a procurement is
necessary to preserve or protect the public health or safety of the City's residents, the requirement for
competitive bids is not applicable; and
WHEREAS, the Public Works Department currently has a fleet of three gradalls; and
WHEREAS, one is marginally operational and it is no longer economically feasible to continue
investing in repairs to the same, as repair costs to date have exceeded THREE HUNDRED THOUSAND
AND NO /100 DOLLARS ($300,000.00); and
WHEREAS, in order to ensure that the City has the equipment necessary during the hurricane season
and the peak -leak season, the City needs to procure the gradall referenced herein in order to maintain the level
of public service and to preserve and protect the public health and/or safety of its residents; 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, Texas, hereby declares that the recitals
contained herein are true and correct and are hereby adopted as findings of the City Council.
Section 2: That the City Council of the City of Baytown, Texas, authorizes payment of the sum of
TWO HUNDRED SIXTY -THREE THOUSAND SEVEN HUNDRED EIGHTY -TWO AND 1%;O /100
DOLLARS ($263,782.00) to Associated Supply Company for the purchase of one (1) Gradall XI-4100 6X4
with an extended warranty for the Public Works Department_
Section 3: 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 FIFTY THOUSAND AND NO /100 DOLLARS ($50,000.00) 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 -Fve percent (25 0,46) without the consent of the contractor to such decrease.
Section 4: This ordinance shall take effect immediately from and after its passage by the City
Council of the City of Baytown.
INTIC,1`11), RF-AD and PAS SL"ll) by the affirmativc he City Council of the City of
Baytown 3'1 1 day Of JUnc, 2013. 7T
DONC'A[Zt,(')S, Mayor
ATTES"I':
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APPROVED AS "FO FORM:
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