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Ordinance No. 11,995ORDINANCE NO. 11,995 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING A CHANGE IN THE CITY OF BAYTOWN'S FISCAL YEAR 2011 -2012 BUDGET FOR MUNICIPAL PURPOSES IN ORDER TO REPROGRAM FOUR HUNDRED THOUSAND AND NO /100 DOLLARS ($400,000.00) FROM GENERAL FUND - OPERATIONS TO CIP BOND PROGRAM 2007 - EXTENSION OF BAKER ROAD PROJECT AND TO REPROGRAM FOUR HUNDRED SIXTY -EIGHT THOUSAND NINE HUNDRED THIRTY -THREE AND NO /100 DOLLARS ($468,933.00) IN WATER AND SEWER IMPACT FEES - NEW CAPITAL PROJECT INITIATIVES TO WATER AND SEWER IMPACT FEES - BAKER ROAD EXTENSION PROJECT TO PROVIDE ADDITIONAL FUNDING FOR THE BAKER ROAD EXTENSION PROJECT; ACCEPTING THE BID OF ANGEL BROTHERS ENTERPRISES, LTD, FOR THE BAKER ROAD EXTENSION PROJECT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH ANGEL BROTHERS ENTERPRISES, LTD, FOR SAID PROJECT; AUTHORIZING PAYMENT NOT TO EXCEED THE SUM OF EIGHT MILLION NINE HUNDRED FIFTY -SEVEN THOUSAND EIGHT HUNDRED EIGHTY -TWO AND 48/100 DOLLARS ($8,957,882.48); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, the City Council of the City of Baytown did advertise for bids for the Baker Road Extension Project to be received on July 17, 2012; and WHEREAS, notice to bidders as to the time and place, when and where the bids would be publicly opened and read aloud was published pursuant to provisions of Texas Local Government Code Annotated § 252.041; and WHEREAS, all bids were opened and publicly read at City Hall 2:00 o'clock p.m., Tuesday, July 17, 2012, as per published notice to bidders; 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 makes changes in the City of Baytown's Fiscal Year 2011 -2012 budget for municipal purposes to reprogram FOUR HUNDRED THOUSAND AND NO /100 DOLLARS ($400,000.00) from General Fund - Operations to CIP Bond Program 2007 - Extension of Baker Road Project to provide additional funding for the Baker Road Extension Project, as more particularly described in Exhibit "A," which is attached hereto and incorporated herein for all intents and purposes. Section 2: That the City Council of the City of Baytown hereby makes changes in the City of Baytown's Fiscal Year 2011 -2012 budget for municipal purposes to reprogram FOUR HUNDRED SIXTY -EIGHT THOUSAND NINE HUNDRED THIRTY -THREE AND NO /100 DOLLARS ($468,933.00) in Water and Sewer Impact Fees - New Capital Project Initiatives to Water and Sewer Impact Fees - Baker Road Extension Project to provide additional funding for the Baker Road Extension Project, as more particularly described in Exhibit "B," which is attached hereto and incorporated herein for'all intents and purposes. Section 3: That the City Council of the City of Baytown hereby accepts the bid of Angel Brothers Enterprises, LTD, for the Baker Road Extension Project according to the plans and specifications set forth by the City's Engineer, and authorizes payment of an amount not to exceed EIGHT MILLION NINE HUNDRED FIFTY -SEVEN THOUSAND EIGHT HUNDRED EIGHTY - TWO AND 48/100 DOLLARS ($8,957,882.48) based upon the unit prices specified in the bid, and the City Manager and the City Clerk of the City are hereby authorized and directed to execute and attest to a contract with Angel Brothers Enterprises, LTD, for the above - described project, said contract containing the plans, specifications, and requirements of the City's Engineer and appropriate bond requirements in accordance with the provisions of Texas Government Code, Chapter 2253. 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 er its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of t ity Council of the City of Baytown this the 9's day of August, 2012. W ;{ A� % APPROVED A RAMIREZ, SR., City \ \Cobfs01\lega1\Karen \Fi1es \City Council \Ordinances \2012\August 9\AwardBakerRoadExtensionContract .doc EXHIBIT "A" BUDGET APPROPRIATION TRANSFER FISCAL YEAR 10 /1 /11 thru 9/30/12 DATE 8 /9/12 Period 11 FUND 101 General Fund CONTROL NUMBER Include in End of Year Budget Amendment Transfers Out - Journal Entry TRANSFER FROM: CURRENT ADJUSTED DIVISION DIVISION AVAILABLE BUDGET TRANSFER BUDGET NUMBER NAME BALANCE AMOUNT AMOUNT AMOUNT 20310/10710110711 ITS $ 67,625.00 $ 278,060.00 $ (40,000.00) $ 238,060.00 30010/30110/30120 /30210 PUBLIC WORKS 482,489.00 913,500.00 (2059000.00) 7089500.00 50110 RECREATION 85,855.00 184,000.00 (50,000.00) 134,000.00 60010 LIBRARY 122,033.00 1929500.00 (509000.00) 1421,500.00 11910 General Overhead 300,000.00 300,000.00 (55,000.00) 245,000.00 TRANSFER TO: 91351 To Capital Improvement Prg. $ - $ - $ 400,000.00 $ 400,000.00 EXPLANATION: The General Fund 2011 -2012 budget will reprogram $400,000 from Supplies ($54,000), Maintenance ($86,000), Services $175,000), Capital ($30,000) and Unforeseen/New Initiatives ($55,000) to CIP Fund 351 to fund Baker Road Extension Project. TO BE EXCUTED UPON CITY COUNCIL APPROVAL AT COUNIL MEETING THURSDAY, AUGUST 9, 2012. Requested y: Date Director of Finance Date Audited By: Date City Manager Deputy City Manager Assistant City Manager Date (If applicable) Entered By: Date EXHIBIT "B" BUDGET APPROPRIATION TRANSFER FISCAL YEAR 10 /1 /11 thru 9/30/12 DATE 8/9/12 Period 11 FUND 529 - Impact Fees DIVISION 52904 CONTROL NUMBER Include in End of Year Budget Amendment Transfers Out - Journal Entry TRANSFER FROM: CURRENT ADJUSTED PROJECT PROJECT AVAILABLE BUDGET TRANSFER BUDGET NUMBER NAME BALANCE AMOUNT AMOUNT AMOUNT WSSF0100 Unforeseen/New Initiatives $ 3,938,828.00 $ 3,938,828.00 $ (468,933.00) $ 3,469,895.00 TRANSFER TO:-] WASF1200 Baker Road Extension $ - $ - $ 468,933.00 $ 468,933.00 EXPLANATION: Transfer $468,933 from New Capital Project Initiatives to Baker Road Extension Project as per agenda item dated August 9, 2012. TO BE EXCUTED UPON CITY COUNCIL APPROVAL AT COUNIL MEETING THURSDAY, AUGUST 9, 2012. Requested By: Date Director of Finance Date Audited By: Date City Manager /Deputy City Manager /Assistant City Manager Date (If applicable) Entered By: Date