Ordinance No. 12,365ORDINANCE NO. 12,365
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ACCEPTING THE 2012 AND 2013 ANNUAL MILL AND OVERLAY CONTRACT;
AUTHORIZING FINAL PAYMENT OF THE SUM OF ONE HUNDRED FORTY -FOUR
THOUSAND SIX AND 74/100 DOLLARS ($144,006.74) TO ANGEL BROTHERS
ENTERPRISES, LTD, FOR SAID PROJECTS; RENEWING THE 2012 MILL AND OVERLAY
CONTRACT WITH ANGEL BROTHERS ENTERPRISES, LTD, FOR YEAR 3; AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN, IN AN AMOUNT NOT TO EXCEED ONE
MILLION TWO HUNDRED FIFTY THOUSAND AND NO /100 DOLLARS ($1,250,000.00);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
WHEREAS, Angel Brothers Enterprises, LTD, was awarded the 2012 Mill and Overlay Contract on June 26,
2012 (the "Year 1 Project "), 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 February 14, 2013, for the 2012 Annual Mill and Overlay
Contract for Year 2 (the "Year 2 Project "); and
WHEREAS, all of the said improvements for the Year 1 Project and the Year 2 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 ofthe 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 Year 1 Project and the Year 2 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, there remains due and owing to Angel Brothers Enterprises, LTD, the sum of EIGHTY -FOUR
THOUSAND ONE HUNDRED SIXTY -SEVEN AND 84/100 DOLLARS ($84,167.84) for the Year 1 Project and
the sum of FIFTY -NINE THOUSAND EIGHT HUNDRED THIRTY -EIGHT AND 90/100 DOLLARS ($59,838.90)
for the Year 2 Project; and
WHEREAS, the 2012 Annual Mill and Overlay Contract may be renewed for an additional one -year period;
and
WHEREAS, Angel Brothers Enterprises, LTD, has indicated its willingness to renew the contract for an
additional year under the same terms and conditions for Year 3; 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 Year 1 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 Year 1 Project heretofore issued by the City's
engineer and certified to the City Council is hereby accepted and received.
Section 3: That final payment to Angel Brothers Enterprises, LTD, in the amount of EIGHTY -FOUR
THOUSAND ONE HUNDRED SIXTY -SEVEN AND 84/100 DOLLARS ($84,167.84) is hereby authorized for the
Year 1 Project.
Section 4: That the City Council hereby accepts and approves the above- described work and
improvements for the Year 2 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 5: That the Certificate of Final Acceptance for the Year 2 Project heretofore issued by the City's
engineer and certified to the City Council is hereby accepted and received.
Section 6: That final payment to Angel Brothers Enterprises, LTD, in the amount of FIFTY -NINE
THOUSAND EIGHT HUNDRED THIRTY -EIGHT AND 90/100 DOLLARS ($59,838.90) is hereby authorized for
the Year 2 Project.
Section 7: That the City Council of the City of Baytown hereby renews the contract of Angel Brothers
Enterprises, LTD, for the 2012 Mill and Overlay Contract — Year 3 and authorizes payment in an amount not to
exceed ONE MILLION TWO HUNDRED FIFTY THOUSAND AND NO /I00 DOLLARS ($1,250,000.00) based
upon the unit prices specified in the 2012 Annual Mill and Overlay Contract. /oi'�
Section 8: This ordinance shall take effect immediately and ts passage by the City Council of
the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative votuncil of the Cit y of Baytown this
the 26"day of September, 2013.
H. DONCARLOS, Mayor
R1Karen \Fi1es \City Council \Ordinmces\2013\Scptember 26\ Accept& RenewAnnualMillandOverlayContract .doc