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Ordinance No. 12,364ORDINANCE NO. 123,364 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE 2013 ANNUAL WATERLINE REHABILITATION PROJECT; RENEWING THE ANNUAL WATERLINE REHABILITATION PROJECT WITH PM CONSTRUCTION & REHAB, LLC, FOR 2014; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN FOR SUCH RENEWAL IN AN AMOUNT NOT TO EXCEED ONE MILLION AND NO /100 DOLLARS ($1,000,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, PM Construction & Rehab, LLC, was awarded the 2012 Annual Waterline Rehabilitation Project (the "Project ") on December 8, 2011, which included an option by the parties to renew for additional one -year periods; and WHEREAS, such contract was renewed on November 8, 2012, for the 2013 Annual Waterline Rehabilitation Project (the "2013 Project "); and WHEREAS, all of the said improvements for the 2013 Project, as provided in the plans and specifications heretofore prepared by the City's engineer and as approved and adopted by the City Council have been performed and completed in full accordance with all of the terms and conditions of the aforesaid contract; and WHEREAS, the City's engineer in the manner provided by the terms of the said contract and the plans and specifications thereof, has approved and accepted the 2013 Annual Waterline Rehabilitation Project, has heretofore issued his Certificate of Final Acceptance, has certified same to the City Council, and has recommended that it accept and receive said work and improvements as constructed and completed by Contractor; and WHEREAS, the 2012 Annual Waterline Rehabilitation Project may be renewed again by the parties to renew for the 2014 Annual Waterline Rehabilitation Project (the "2014 Project "); and WHEREAS, PM Construction & Rehab, LLC., 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 hereby accepts and approves the above - described work and improvements for the 2013 Project, and finds and determines that all of said improvements have been completed as provided in the plans and specifications thereof, and in full accordance with all of the terms and provisions of the aforesaid contract. Section 2: That the Certificate of Final Acceptance for the 2013 Project heretofore issued by the City's engineer and certified to the City Council is hereby accepted and received. Section 3: That the City Council of the City of Baytown hereby renews the Annual Waterline Rehabilitation Project for 2014 with PM Construction & Rehab, LLC, for the sum of ONE MILLION AND NO /100 DOLLARS ($1,000,000.000), and authorizes payment thereof. Section 4: 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 (25 %) without the consent of the contractor to such decrease. Section 5: 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 f the City Council of the City of Baytown this the 26°' day of September, 2013. I APPROVED AS TO FORM: eTENACIO RAMIREZ, SR., CioAttomey DONCARLOS, Mayor RAKwen\Files \City Council \Ordinances\2013\September 26\ AcceptAnnual WaterlineProject &RenewAnnualWaterlineProject.doc