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Ordinance No. 14,391ORDINANCE NO. 14,391 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 THE CITY OF BAYTOWN FOR THE SUM OF ONE HUNDRED SIXTY-THREE THOUSAND FIVE HUNDRED SEVENTY-FIVE AND NO.'100 DOLLARS ($163,575.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. **************************************************************************************** WHEREAS, Megasand Enterprises, Inc., was awarded the Annual Cement Stabilized Sand Contract on May 28, 2015, 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 June 9, 2016, April 13, 2017, May 10, 2018, and April 25, 2019, 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 1: 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-THREE THOUSAND FIVE HUNDRED SEVENTY-FIVE AND NO'l00 DOLLARS ($163,575.00) 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 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-five percent (250')) 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 141h day of May, 2020. BRANDON CAPETILL01 Mayor AT ST: 00 L TICIA BRYSCH, Clerk V%:° a APPROVED AS TO FORM: N % y VV TF00";�- N L. HORNER, Interim City Attorney — RAKaren\FileslCity Counci110rdtnances\2020\May 14\RenewAnnualCementStabilizedSandContract.doc