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Ordinance No. 12,117ORDINANCE NO.12,117 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,ACCEPTING THE 2012 ANNUAL CRACK SEAL PROGRAM PROJECT;RENEWING THE ANNUAL CRACK SEAL PROGRAM PROJECT WITH SCR CONSTRUCTION COMPANY,INC.,FOR 2013; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN FOR SUCH RENEWAL IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED TWENTY-TWO THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($522,500.00);MAKING OTHER PROVISIONS RELATED THERETO;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ************************************************************ WHEREAS,theCity of Baytown contractedwithSCRConstructionCompany,Inc.,for the2012 Annual CrackSealProgramProject(the"Project");and WHEREAS,all of thesaidimprovements,asprovidedintheplansandspecifications heretofore prepared bytheCity's engineer andas approved and adopted bytheCity Council havebeen performed and completed in full accordance with all of thetermsand conditions of the aforesaid contract;and WHEREAS,the City's engineerinthemannerprovidedbytheterms of thesaidcontract and the plans and specifications thereof,has approved and accepted the 2012 Annual Crack Seal Program Project,has heretofore issued his Certificate of Final Acceptance,has certified same to theCity Council,andhas recommended thatit accept and receive said workand improvements asconstructedand completed by Contractor;and WHEREAS,thecompetitivelybid 2012 Annual Crack Seal Program Project included an option bythe parties torenew for additional one-year periods;and WHEREAS,SCRConstructionCompany,Inc.,hasindicateditswillingnesstorenewthe contractforanadditionalyearunderthesametermsandconditions;and WHEREAS,the Administration has reviewed the market conditions and recommends renewalasbeinginthe best interest of theCity;NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1:ThattheCityCouncilherebyacceptsandapprovesthe above-described workandimprovements,andfindsand determines thatall of saidimprovementshavebeen completedasprovidedintheplansandspecificationsthereof,andinfull accordance withall of the terms and provisions of theaforesaidcontract. Section 2:Thatthe Certificate of Final Acceptance heretofore issued by the City's engineer and certified tothe City Council isherebyacceptedand received. Section 3:That final payment to SCR Construction Company,Inc.,inthe amount of THIRTY-TWO THOUSAND SIX HUNDRED FIFTY-SIX AND 25/100 DOLLARS ($32,656.25)is hereby authorized. Section 4:That theCity Council of theCity of Baytown hereby renews the Annual Crack Seal Program Project for2013withSCR Construction Company,Inc.,forthesum of FIVE HUNDRED TWENTY-TWO THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($522,500.00),and authorizes payment thereof. Section5:That pursuant tothe provisions of Texas Local Government Code Annotated§252.048,theCityManagerisherebygrantedgeneralauthoritytoapproveany change order involving a decrease oran increase in costs of FIFTY THOUSAND AND NO/100 DOLLARS($50,000.00)orless,subjecttotheprovisionthattheoriginalcontractpricemaynot be increased bymorethan twenty-five percent (25%)or decreased bymorethan twenty-five percent (25%)without the consent of the contractor to such decrease. Section6:Thisordinanceshalltakeeffectimmediatelyfromandafteritspassageby theCityCounciloftheCityofBaytown./7 INTRODUCED,READ and PASSED by the affirmative vote/c'f the C'iiy Council o:ihe City of Baytown this the 19th day of November,2012. ATTEJ a>: & & EPHENTTDONCARLOS,Mayor ,ETIClA BR^SCK^ity-Clerk APPROVED AS TO FORM: 4GNACI0 RAMIRJRAMIREZ,SR.,Oily Attorney R \Karen\Filcs\Cily Council\Ordinances\2012\Novcmcr l9\AcceptAnnualCrackSealProgramProjcct.doc