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1415-02 - Ord. 2015-02 - budget amendment for Safe Routes to School (part of Reso. 2015-02) - 10/14/2014 RESOLUTION NO. 201S-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO A TENDER AGREEMENT WITH CONTINENTAL CASUALTY COMPANY TO FULFILL THE PERFORMANCE BOND REQUIREMENTS OF THE CONSTRUCTION CONTRACT BETWEEN LEGENDS LANDSCAPE, LLC AND THE CITY OF HUNTSVILLE ON SAFE ROUTES TO SCHOOL (SRTS) PROJECT 09-01-01, AWARDING THE CONSTRUCTION CONTRACT TO ENCINO LANDSCAPE, LLC TO COMPLETE THE SRTS PROJECT CONSTRUCTION, ADOPTING ORDINANCE 2015-02 FOR THE BUDGET AMENDMENT FOR THE SAME,AND SUSPENDING THE RULES OF PROCEDURE REQUIRING A SECOND READING. WHEREAS The City of Huntsville,Texas awarded a construction contract on May 21,2013 for the Safe Routes to School Project to a contractor who ultimately defaulted on said construction contract,and WHEREAS By defaulting on the construction contract, the contractor has left sections of sidewalk incomplete and in some cases in*need of repair and/or additional work and the City has worked with the bond company to ensure completion of the project,and WHEREAS The City of Huntsville wishes to enter into a Tender Agreement with Continental Casualty Company to complete the Safe Routes to School Project construction;and WHEREAS The original purpose of the Safe Routes to School Project was to ensure safe pedestrian routes for children in Huntsville;and WHEREAS The October 21, 2014 meeting of the City of Huntsville City Council will be used for the purpose of providing the annual State of the City Address and such has been publicly announced;and WHEREAS October 14, 2014 is being used to conduct the regular and routine business of the City Council that would have otherwise occurred on October 21,2014 and this has been publicly announced; and WHEREAS The City Council wishes to award a construction contract to Encino Landscaping to ensure completion of the Safe Routes to School Project;and WHEREAS The City Council wishes to waive Section 3.05 of its Rules of Procedure to ensure a timely award of construction and timely completion by Encino Landscaping. NOW,THEREFORE,be It resolved by the City Council of the City of Huntsville,Texas,that: Section 1: The above findings of fact are adopted by the City Council. Section 2: The City Manager is hereby authorized to enter into a Tender Agreement with Continental Casualty Company and receive a sum of $502,818.50 to complete the Safe Routes to School Construction contract. Section 3: The City Manager is hereby authorized to award a construction contract to Encino Landscaping in the amount of$990,790 to complete the Safe Routes to School project. Section 4: October 14,2014 is a regular meeting of the City Council in place of October 21,2014. Section 5: Section 3.05 of the Rules of Procedure is waived by the requisite two-thirds vote of the City Council. Section 6: Ordinance No.2015-02,attachment#1, is hereby approved. PASSED AND APPROVED this 14'h day of October 2014. THE CITY OF HUNTSVILLE,TEXAS 141, Mac Woodward, Vayor ATTEST: APPROVED AS TO FORM: 4Lewar ,City LSecret-a-r-r—D ('/ and Schneider,City Attorney ORDINANCE NO.2015-02 AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING THE 2014-2015 ANNUAL BUDGET AND CAPITAL IMPROVEMENTS PROJECTS (CIP) BUDGETS, ORDINANCE NO. 201442 TO AMEND ADOPTED EXPENDITURES OF THE BUDGET; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the 2014-2015 Annual Budget and CIP Budgets were adopted by Ordinance 201442 on September 16,2014; WHEREAS, various unforeseen circumstances affecting the City have presented themselves during the course of the fiscal year; WHEREAS, the City Council considered the circumstances independently, deliberating appropriately on the associated revenues and expenditures and the overall impact on the general financial status of the City; WHEREAS, pursuant to the laws of the State of Texas and the City Charter of the City of Huntsville, Texas,the City Council has determined that it will be beneficial and advantageous to the citizens of the City of Huntsville to amend the Capital Improvements Projects(CIP)budget as set forth herein;and WHEREAS,this ordinance combines the independent Council actions into one budget amendment document; NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,that: Section 1. The findings set forth above are incorporated into the body of this ordinance. Section 2. The Capital Improvements Projects budget is hereby amended to include the expenditures described in Exhibit"A"attached hereto and made a part of this ordinance as if set out verbatim herein. Section 3. All ordinances of the City in conflict with the provisions of this ordinance are hereby repealed, and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4. Should any section, portion, sentence, clause or phrase of this ordinance be declared unconstitutional or invalid for any reason, it shall not invalidate or impair the force or effect of any other section or portion of this ordinance. Section S. The necessity for amending the budget for the Capital Improvements Projects,as required by the laws of the State of Texas, requires that this ordinance shall take effect immediately from and after its passage,as the law in such cases provides. Section 6.This ordinance shall take effect immediately after its passage. PASSED AND APPROVED on this the 14 h day of October 2014. THE CITY OF HUNTSVILLE TEXAS 14�4� L7 M c Woodward, Mayor A' T ST: APP V D AS TO FORM: r Lee odward, e r Schneider, City Attorney CTP Budget Amendments FY 14-15 October 10, 2014 a. Source: funds from default contractor's Bonding company(CNA $502,818.50 Surety) Increase: Safe Routes to Schools Sidewalks Project $502,818.50 The original contractor on the Safe Routes to Schools Sidewalk project defaulted and the Surety(Continental Casualty Company)for the default contractor is required to ensure completion of the project and/or cover any costs beyond the original contract amount and liquidated damages (for going over the original contract period). The contract amount bid by Explanation: the Completion Contractor(construction company hired to complete remainder of the project)exceeds the balance of the original contract by $408,973.50. Liquidated damages amounted to$93,845. This budget amendment i IIS s to increase the project budget by the amount that is being paid by CNA Surety to the covering increased cost in completion of the project and liquidated damages.