HomeMy WebLinkAboutO-2000-2394
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ORDINANCE NO. 00- ~ 34 t.f
AN ORDINANCE AUTHORIZING AND APPROVING AN AGREEMENT BETWEEN
THE CITY OF LA PORTE AND RELIANT ENERGY/HL&P REGARDING IN
INSTALLATION OF A DECORATIVE LIGHTING SYSTEM FOR GLEN MEADOWS
PARK; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes the contract,
agreement, or other undertaking described in the title of this ordinance, in
substantially the form as shown in the document which is attached hereto and
incorporated herein by this reference. The City Manager is hereby authorized to
execute such document and all related documents on behalf of the City of La
Porte. The City Secretary is hereby authorized to attest to all such signatures and
to affIx the seal of the City to all such documents.
Section 2. The City Council officially fInds, determines, recites, and
declares that a sufficient written notice of the date, hour, place, and subject of this
meeting of the City Council was posted at a place convenient to the public at the
City Hall of the City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government Code; and
that this meeting has been open to the pu bUc as required by law at all times
during which this ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further ratifIes, approves,
and confIrms such written notice and the contents and posting thereof.
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Section 3. This Ordinance shall be effective from and after its passage and
approval, and it is so ordered.
PASSED AND APPROVED, this 27TH day of March, 2000.
CITY OF LA PORTE
11-~~----
By:
Norman L. Malone,
Mayor
ATI'EST:
1!J!~~
M ha Gillett,
City Secretary
APPROVED AS TO FORM:
~zJ
Knox W. Askins,
City Attorney
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STATE OF TEXAS {
{
COUNTY OF HARRIS {
DECORATIVE LIGHTING AGREEMENT
CITY OF LA PORTE
GLEN MEADOWS PARK
THIS AGREEMENT, made and entered into this the _ day of March, 2000 by
and between the City of La Porte, a municipal corporation, hereinafter referred to as "City",
and Reliant EnerQY Houston LiQhtinQ and Power, a Texas utility corporation, whose
address is P.O. Box 210. Bavtown. Texas 77522 , hereinafter referred to as "HL&P".
WITNESSETH
WHEREAS, the City owns and operates Glen Meadows Park for the purpose of
providing recreational amenities to the citizens of the City of La Porte; and
WHEREAS, the City wishes to provide lighting for the conduct of such recreational
activities as may be undertaken at said park; and
WHEREAS, HL&P has indicated its willingness to provide lighting to assist in the
conduct of recreation activities by the users of Glen Meadows Park.
NOW THEREFORE, for and in consideration of the terms, covenants, and
conditions hereinafter set forth, the parties agree as follows:
1. Hl&P agrees to install, own, and maintain a decorative lighting system at Glen
Meadows Park, 801 Valley Brook, La Porte, Texas. The decorative lighting
system will consist of eighteen (18) each, fourteen foot (14') mounting height,
sixteen (16) fluted, tapered, gloss black painted poles, and one hundred (100)
watt high pressure sodium GranVille luminares, associated conductors, and
switching equipment. Installation shall be accomplished for an installation rate
of Three Hundred Twenty Three Dollars ($323) per unit. Total cost of installation
shall be Five Thousand Eight Hundred Fourteen Dollars ($5,814). Payment in
the amount of the above total will be remitted to HL&P prior to HL&P purchasing
the materials required to begin construction.
Decorative Lighting Agreement, page 1 of 7
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2. The City understands that there is a six to eight (6-8) week manufacturing lead
time for delivery of the decorative lights. HL&P, if given written permission, may
install the necessary conductors prior to delivery of poles and luminaires. HL&P
estimates a construction completion time of three (3) weeks after the delivery of
materials from the manufacturer, provided the conductors are installed in
advance of such delivery. The City also understands that this construction
schedule is dependent upon no occurrence of unforeseen or unfortunate
circumstances that may require HL&P to reallocate and/or redirect manpower
and/or equipment.
3. The City acknowledges that installation and maintenance of the decorative
lighting system may temporarily interfere with traffic operations. HL&P agrees
that it will make an effort to perform the required construction with a minimum
of interference with such traffic operations. The City agrees to reasonably assist
in traffic management if necessary to maintain acceptable traffic operations.
4. It is agreed that an authorized representative of the City shall field inspect and
approve the location of each light to be installed. The City shall provide written
exhibit of this approval to the Lighting Design and Services Department, with the
signature and job title of the person authorized to make such inspection and
approval, no later than seven (7) days prior to the start of construction. The city
further agrees that after such inspection and approval, all costs associated with
the relocation or removal of a light and all facilities inclusive to its operation shall
be borne solely by the City. The City should pay special attention to the
placement of decorative lights in drainage areas and atop and adjacent to
underground drainage culverts. Decorative lights should not be installed in
locations that will create blockage of water flow and where washout will occur.
HL&P shall consider the issuance of the approval for the decorative light
locations along with the payment of the contribution toward construction as the
approval to proceed with construction and installation of the decorative lighting
system.
5. It is agreed that each Decorative Light will be identified numerically so as to
increase the efficiency of tracking and maintenance. It is also understood that
the identification numbers will be installed on the roadway side of each
decorative pole.
6. During the lighting system installation and subsequent maintenance operations
relative to the lighting system, HL&P agrees to consider whether or not the soil
Decorative Lighting Agreement, page 2 of 7
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is too wet to commence installation or repairs. At times during and after
inclement weather when the risk of damage to turf areas are high, HL&P may
delay initiation of installation or repair work until conditions are more suitable and
damage is less likely to occur. The City will ultimately be responsible for repair
of any turf damage that may occur as a result of HL&P trucks on site.
7. HL&P will replace burned out lamps and/or make maintenance repairs during
regular working hours at its own cost and expense and will normally have the
lighting service restored within forty-eight (48) hours after notification of failure
by the City. Lights furnished hereunder shall operate under normal conditions
from approximately thirty minutes after sunset to approximately thirty minutes
before sunrise every night in the year and the total time of operations will be
approximately four thousand (4,000) hours each year for each light furnished.
HL&P will commit to and assume the costs for a paint cycle of every fifteen (15)
years. HL&P will use the same color of available paint at the time of re-painting.
8. The City shall be responsible for all costs of electricity under rate schedule Street
and Protective Lighting Service (SPL), or any succeeding rate schedule as may
be approved by the appropriate regulatory agency from time to time, used or in
connection with the operation of the Decorative Lighting installed. The Tariff for
electrical service, including without limitations any applicable rate schedule and
agreements, shall take precedence over this agreement. Attached hereto is a
copy of the current SPL schedule, referenced as Exhibit "A". The current
applicable Monthly Rate per Lamp, including adjustment and fuel charge, for the
Decorative Lighting System contemplated at Glen Meadows Park and described
herein for High Pressure Sodium Vapor lighting, 9,500 Lumens, Schedule D, is
Fifteen Dollars and Sixty-six Cents ($15.61) for each light installed in the
contemplated system.
9. The City shall have the right, at its own expense, to hang decorative flags and
banners on the decorative lighting poles, provided the City meets all
requirements as set forth in the Banner Agreement attached hereto as Exhibit
"B". Decorations other than flags or banners shall receive approval from the
Lighting Design and Service Department prior to installation Under no
circumstances will HL&P or the City approve the installation of signage that is
necessary for safe traffic operation, including but not limited to STOP and YIELD
signs. The City shall be responsible for the costs of repairing any damages to
the Decorative Lights resulting directly or indirectly from such signage, as well
as the removal of such signage from the decorative lighting poles.
Decorative Lighting Agreement, page 3 of 7
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10. This instrument contains the entire Agreement between the parties relating to
the rights herein granted and the obligations herein assumed. Any
representations or modifications concerning this Agreement shall be of no force
or effect excepting a subsequent modification in writing signed by all parties
hereto. If any section, sentence, phrase, or clause of this agreement shall, for
any reason, be held invalid or inapplicable, such invalidity or inapplicability shall
not affect the remaining portions of this agreement.
Decorative Lighting Agreement, page 4 of 7
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple
copies on the date first appearing above.
"CITY"
CITY OF LA PORTE, a municipal
corporation
BY~.:K~~", T. ~ "\.~~_.
Robert T. Herrera, City Manager
ATTEST:
~h'IJ4,LlIl1
Ma ha Gillett, City Secretary
APPROVED:
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Knox W. Askins, City Attorney
"HL&P"
Reliant Energy/Houston Lighting & Power
B~/fr~ 3!;~~c
Carlton Porte, Supervisor,
Lighting Design & Services
Decorative Lighting Agreement, page 5 of 7
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DECORATIVE LIGHTING AGREEMENT
EXHIBIT "A"
Current Street and Protective Lighting Agreement
Decorative Lighting Agreement, page 6 of 7
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Section IV-Rate Schedules
Street and Protective Lighting Serv;ce-SPL
HOUSTON LIGHTING & POWER COMPANY
HL&P 82
Sheet No. 010
Page 1 of 3
STREET AND PROTECTIVE LIGHTING SERVICE.SPL
AVAILABILITY
In areas designateq by Company where facilities of adequate capacity
and suitable voltage are adjacent to the lamps to be served.
APPLICATION
Applicable to the requirements of cities. governmental agencies. real
estate developers and other groups requesting the i nsta 11 at i on of
street and protective lighting.
INSTALLATION AND MAINTENANCE OF FACILITIES
Company will install. own and maintain the installation served
hereunder. Company will replace burned out lamps and/or make
maintenance repairs during regular working hours at its own cost and
expense and will normally have the lighting service restored within
48 hours after notification by the Customer. Lights furnished
hereunder shall operate under normal conditions from approximately
thi rty mi nutes after sunset to approxi mately thi rty mi nutes before
sunrise every night in the year and the total time of operations will
be approximately four thousand (4.000) hours each year for each light
furnished.
MONTHLY RATE
Monthly Rate Per Lamp Plus Adjustment
and Fuel Charge Below
Schedule Schedule Schedule Schedule Schedule Monthly
A B C 0 E KWH .
Lamp Type
Mercury Vapor
60.000 Lumen $ 9.32 $24.26 $16.47 $27.35 $18.22 365
20.000 Lumen $ 5.44 $18.75 $12.32 $23.20 $13.88 150
7.500 Lumen $ 3.84 N.A. N.A. $18.67 $10.99 69
3.300 Lumen $ 3.74 N.A. N.A. $14.49 N.A. 41
Additional mercury vapor lighting will not be installed after
December 31. 1982. Existing mercury vapor installations will be
converted to sodium vapor installations as required during the normal
course of ma i ntenance. Mercury vapor i nsta 11 at ions wi th 3.300. 7.500.
and 20.000 1 umen 1 amps wi 11 be converted to 9.500. 16.000. or 25.500
lumen high pressure sodium lamps. respectively. \'/hen individual lamps
burn out at no up front cost to the customer.
Revision Number: 16 th
Effective: 9-13-96
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Section IV.Rate Schedules Sheet No. 010
Street and Protective Lighting Service-SPL Page 2 of 3
HOUSTON LIGHTING & POWER COMPANY
\ HL&P 82
Monthly Rate Per Lamp Plus Adjustment
and Fuel Charge Below
Schedule Schedule Schedule Schedule Schedule Monthly
A B C 0 E KWH
Lamp Type
High Pressure Sodium Vapor
50.000 Lumen $ 9.32 $24.26 $16.47 $27.35 $18.22 160
25.500 Lumen $ 5.44 $18.75 $12.32 $23.20 $13.88 106
16.000 Lumen $ 3.84 $17.11 $11.37 $18.67 $10.99 58
-;l 9.500 Lumen $ 3.84 N.A. N.A. ~$15 .18 $ 9.38 38
5.800 Lumen $ 3.77 N.A. N.A. $14.00 N.A. 29
Metal Halide
36.000 Lumen $11.15 N.A. N.A. $28.12 $19.59 159
20.500 Lumen $10.92 N.A. N.A. $27.90 $19.37 96
7.800 Lumen $12.34 N.A. N.A. $27.36 $20.78 40
Schedule A - Applicable to one or more lamps mounted on existing
distribution poles a~d served by overhead conductors.
Schedule B - Applicable to single lamps mounted on ornamental standards
and served by overhead conductors. Limited to exi st i ng
installations.
Schedule C - Applicable to twin 1 amps mounted on ornamenta 1 standards
and served by overhead conductors. Limited to exi st i ng
installations.
Schedule 0 - Applicable to single lamps mounted on ornamental standards
and served by underground conductors. or decorative
residential streetlights.
Schedule E - Applicable to twin lamps mounted on ornamental standards
and served by underground conductors.
"*n\C~...:t- e_c ~'Y1lY"\C~~ LA\...- \~~ J~+; ~( ~~bc~; \,1', s,\..()''''-.
Revision Number: 16 th
Effective: 9-13-96
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Section IV-Rate Schedules
Street and Protective Lighting Service-SPL
Sheet No. 010
Page 3 of 3
HOUSTON LIGHTING & POWER COMPANY
HL&P 82
An additional $1.25 per lamp is charged for mercury-vapor. sodium-vapor.
and metal halide lamps with a break-away base.
Customers requiring the installation of a wood pole for High Pressure
Sodi urn or Metal Hal i de servi ce under Schedul eA. have the option. of
paying for the cost of the ~ole up-front on a lump sum basis. as set
forth in the Company's Service Extension Policy. or of paying an
additional $6.51 per month.
Adjustment - Plus an amount determined in accordance with Rider
PCRF.
Fuel Charge - Plus an amount determined in accordance with Rider
FC.
PAYMENT
Bills are due when rendered. A bill for lighting service is
delinquent if payment is not received by the Past Due Date shown on
the Lighting Service Bill. The Past Due Date will not be less than
sixteen (16) days from the date the bill is mailed to Customer. A
one-time late payment charge of 3% of the entire bill exclusive of
sales tax will be assessed if the total amount due is not received on
or before the Past Due Date.
CONTRACT PERIOD
Open order. However. the Company may requi re a vJritten contract
depending upon special circumstances.
NOTICE
Lighting Service furnished under this rate schedule is subject to
Company's Terms and Condi t ions for the Sa 1 e of Lighting Servi ce.
Sheet No. E5. and applicable Service Policies listed in HL&P's
approved Tariff for Electric Service.
Revision Number: 16 th
Effective: 9-13-96
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Section IV-Rate Schedules
Miscellaneous Lighting Service - MLS
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Sheet No. 011
Page 1 of 3
HOUSTON LIGHTING & POWER COMPANY
HL&P 7547
MISCELLANEOUS LIGHTING SERVICE - MLS
AVAILABILITY
In areas designated by Company with suitable locations and where
facilities of adequate capacity and suitable voltage are adjacent to
the lamps to be served.
APPLICATION
To any customer where suitable conditions allow, for unmetered
lighting service supplied exclusively to one or more of the lamp
types listed below operating automatically every night from dusk to
dawn. The obl igations of the Customer shall commence on the date
that service under this tariff begins.
INSTALLATION AND MAINTENANCE OF FACILITIES
Company will install, own and maintain the lighting installation
served hereunder. Company will replace burned out lamps and/or make
maintenance repairs during regular working hours at Company's
expense, but with no adjustment of payments hereunder due to outage.
Company, because of the 1 ocat i on of the 1 i ghts served under thi s
schedule, will not make special trips to restore this lighting
service but will normally have the lighting service restored within
72 hours after notification by the Customer.
The lighting fixture will be installed on an existing distribution
pole and service will be supplied from an existing overhead secondary
conductor on the pole. Any additional construction required to
provide such service will be owned and maintained by the Company and
will be installed at the Customer's expense, separate from the
Monthly Bill below.
MONTHLY BILL
The monthly bi 11 for each 1 ighting unit shall be the sum of the
applicable Monthly Rate(s) under (l)(a) below plus the Fuel Charge
under (l)(b) below plus the applicable Adjustments stated in (2)
below.
(1) Rate
(a) Monthly Rate
LUMEN MONTHLY MONTHLY
TYPE OF LAMP RATING RATE KWH
Floodliqht/Oirectional Liqhtinq
High Pressure Sodium 16,000 $11.81 61
High Pressure Sodium 27,500 $15.15 105
High Pressure Sodium 50,000 $18.88 158
Revision Number: Original Effective: 1-1-95
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Sheet No. 011
Page 2 of 3
Section IV-Rate Schedules
Miscellaneous Lighting Service - MLS
HOUSTON LIGHTING & POWER COMPANY
HL&P 7547
TYPE OF LAMP
LUMEN
RATING
MONTHLY
RATE
MONTHLY
KWH
RoadwaY/General Liohtino
High Pressure Sodiu~
Guard Liohtino
High Pressure Sodium
Mercury Vapor
16,000
$10.52
61
9,500
7,500
$ 7.82
$ 8.07
40
72
An additional monthly rate of $2.60 where a span of
secondary was installed exclusively for Miscellaneous
Lighting Service and Customer did not reimburse Company for
construction cost.
An additional monthly rate of $1.05 per Guard Lighting lamp
where a pole was installed exclusively for Lighting Service
and Customer did not reimburse Company for construction
costs. (Limited to existing installations.)
(b) Fuel Charge: An amount determined in accordance with
Rider FC.
(2) Adjustments
(a) Plus an amount determined in accordance with Rider PCRF.
(b) For municipal accounts recelvlng service within the
incorporated 1 imits of such municipal ity which imposes a
municipal franchise fee upon the revenues received by
Company within that municipality and who have signed an
appropriate Franchise.Agreement, s~ch.account will receive
a credit equal to the amount of franchise fees included in
base charges for each account taking service under this
Rate Schedule.
PAYMENT
Bills are due when rendered. A bill for lighting service is
delinquent if payment is not received by the Past Due Date shown on
the Lighting Service Bill. The Past Due Date will not be less than
sixteen (16) days from the date the bill is mailed to Customer. A
one-time late payment charge of 3% of the entire bill exclusive of
sales tax will be assessed if the total amount due is not received on
or before the Past Due Date.
Revision Number: Original
Effective: 1-1-95
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Section IV-Rate Schedules
Miscellaneous Lighting Service - MLS
.
Sheet No. 011
Page 3 of 3
HOUSTON LIGHTING & POWER COMPANY
HL&P 7547
CONTRACT PERIOD
Open order.
NOTICE
Lighting Service furnished under this rate schedule is subject to
Company's Terms and Conditions for the Sale of Lighting Service,
Sheet No. ES, and applicable Service Policies listed in HL&P's
approved Tariff for Electric Service.
Revision Number: Original
Effective: 1-1-95
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DECORATIVE LIGHTING AGREEMENT
EXHIBIT "B"
Banner Agreement
Decorative Lighting Agreement, page 7 of 7
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Banner Agreement
This Agreement is made and effective as of the_day of
, 2000 by and between
Reliant Energy HL&P (RE HL&P) and
RECITALS
WHEREAS,
and RE HL&P wish to enter into this Agreement which
will govern the installation of Banners on RE HL&P street light standards:
NOW, THEREFORE, in consideration of the mutual covenants herein contained,
and intending to be legally bound, the parties hereto consent and agree as follows:
I.
Installation of Banners:
may arrange
installation of up to two banners (the Banners) on each street light standard (the Standards) owned by
RE HL&P according to the following options. Not all poles provided by RE HL&P are banner rated nor do
will all poles support two banners. Banner installation locations must be reviewed and approved on a per
pole basis. Governing agencies having control of the rights of way in which banners are requested to be
installed must state their approval of such installations ~n writing to
RE HL&P Lighting Design and Services prior to the execution of this agreement.
Option 1 - Single Banner Installation
The Banners will be secured by arms affixed to the Standard by bolted galvanized or stainless steel
pressure plates and associated hardware made of the same. Drilling or tapping of holes is not allowed.
Neither the Banner nor any related hardware shall be affixed to the street light arm of the Standards. The
maximum size of each banner will be two feet in horizontal width and four feet in vertical length. The
banners will be designed with two permanent attachments at the top, or sleeved along the entire top
horizontal width, and two breakaway attachments at the bottom comers of each banner. Bottom attachments
will be designed to breakaway at a wind load of 50 Ibs. total. The banner comer lowest and farthest from the
pole may be allowed to wave freely unattached. The Banners will maintain a minimum clearance over the
center line or any road or driveway in accordance with the national Electrical Safety Code or local ordinance
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with a minimum 16 foot clearance. The Banners will maintain a minimum nine feet of clearance over
sidewalks. Necessary clearance will also be maintained with respect to traffic signals and other equipment
installed on the Standards. Stamped engineered drawings of breakaway detail must be approved by RE
HL&P prior to final execution of this agreement by RE HL&P. shall provide
RE HL&P with five-business days advance notice of new Banner installations.
Option 2 - Dual Banner Installation
The Banners will be secured by anns affixed to the Standard by bolted galvanized or stainless steel
pressure plates and associated hardware made of the same. Drilling or tapping of holes is not allowed.
Neither the Banner nor any related hardware shall be affixed to the street light ann of the Standards The
maximum size of each banner will be two feet in horizontal width and four feet in vertical length. The
banners will be designed with two pennanent attachments at the top, or sleeved along the entire top
horizontal width, and two breakaway attachments at the bottom comers of each banner. Bottom attachments
will be designed to breakaway at a wind load of 50 Ibs. total. The banner comers lowest and farthest from
the pole may be allowed to wave freely unattached. The Banners will maintain a minimum clearance over the
center line or any road or driveway in accordance with the national Electrical Safety Code or local ordinance
with a minimum 16 foot clearance. The Banners will maintain a minimum nine feet of clearance over
sidewalks. Necessary clearance will also be maintained with respect to traffic signals and other equipment
installed on the Standards. Stamped engineered drawings of breakaway detail to be approved by RE HL&P
prior to final execution of this agreement by RE HL&P.
shall provide RE HL&P with five-business days advance notice of new
Banner installations.
2. Review orBanner Desien and Specifications:
agrees that a sample of the Banners will be submitted to and
reviewed by RE HL&P prior to installation. Banners installed upon RE HL&P poles must not be political orm
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commercial in design or content.
3. Location of Banners: The Banners shall be installed only upon standards located within the
area designated by the governing agencies and indicated on the attached map layout. Each location of
installation will be identified by specific streetlight number by the requesting party and approved for banner
installation by RE HL&P Lighting Design and Services.
4. Removal of Banners: If the Banners are not installed in accordance with this Agreement, or
if RE HL&P detennines, in its sole discretion, that the Banners are unsafe,
will remove the Banners within 24 hours of being notified by RE
HL&P to do so. If
fails to remove the Banners within 24 hours
of such notice, RE HL&P may remove the Banners without liability to
. In the event RE HL&P detennines that the Banners are
unsafe due to the issuance by the National Weather Service ofa hurricane warning encompassing the
Designated Banner Area, then RE HL&P may immediately remove the Banners without prior notice to
Should RE HL&P remove any Banners under the provision of
agrees to promptly reimburse RE HL&P for
this paragraph,
the actual cost of such removal.
5. Indemnification: The customer agrees to protect, defend, indemnify and hold RE HL&P, its
corporate affiliates, and their respective officers, directors, employees and agents, free and hannless from and
against any and all such claims, demands, causes of action, suits or other litigation (including all costs
thereof and attorney fees) of every kind and character arising in favor of the customer or any third party
(including, but no limited to, personnel furnished by the customer or its suppliers and subcontractors of any
tier) on account of bodily injury, death or damage to or loss of property in any way occurring, incident to,
arising out of or in connection with the installation, maintenance or presence of flags and banners on the
non-standard street lights, where, and to the proportionate extent that such damage or injury is caused by the
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sole, joint, concurrent, contributing or comparative negligence or fault of the customer, any third party, or
their respective officers, directors, employees or agents. To secure this obligation, the customer agrees to
obtain and maintain in effect a policy or policies of insurance with policy limits of not less than $1,000,000.
Such policy or policies shall include RE HL&P as an additional insured and shall include a waiver or
subrogation in RE HL&P 's favor. The customer shall furnish a Certificate of Insurance of RE HL&P prior to
the installation of the flags/banners. The customer shall cause its insurer(s) to provide to RE HL&P the
same notice as insurer (s) give to the customer regarding cancellation, non-renewal, change in coverage or
policy limits and other similar matters.
6. Term of Aereements: This Agreement shall continue in effect until terminated by either
party upon 30 days advance written notice to the other party.
7. Notices:. For purposes of this Agreement, notices and all other communications provided for
herein shan be in writing and shall be deemed to have been duly given when personally delivered or, except
with respect to the notice requirements of paragraph 4 hereof, when mailed by United States registered or
certified mail, return receipt requested, postage prepaid, addressed as follows:
If to RE HL&P: Reliant Energy HL&P
P.O.Box 1700
Houston, TX 77251
Attention: Carlton Porter
or to such other address as either party may have furnished to the other in writing in accordance herewith,
except that notice of change of address shall be effective only upon receipt.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed and delivered as of the
day and year first above written.
If to Customer: Name
Address
Phone Number
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REOUES~OR CITY COUNCIL AGEND'ITEM
Agenda Date Requested: March 27, 2000
Requested By: Doug Kneupp~ Department: Planning
Report Resolution X Ordinance
Exhibits: Ordinance
Bid Tabulation
Bidder's List
Summary & Recommendation
As part of the FY 98-99 Budget for Capital Improvement Projects, City Council approved
$270,000.00 for improvements to Caniff Road. The construction of Paving & Drainage
Improvements for Caniff Road consists of removing and salvaging a flexible base roadway and
replacing it with a 28-foot concrete and curb roadway and placing approximately 412 linear
feet of 18 inch reinforced concrete pipe.
Survey, design and engineering were performed on this project utilizing Esor Consulting
Engineers, Inc.. On March 6, 2000, the City received competitive bids from eight qualified
contractors (see attached Bid Tabulation). Angel Brothers Enterprises, Inc. of Bay town, Texas
submitted the low bid in the amount of $176,878.20. The contract will be complete within 75
consecutive calendar days once the "Notice to Proceed" is issued.
Staff has reviewed the bids submitted and determined the low bid from Angel Brothers
Enterprises, Inc. is within the budgeted amount and Angel Brothers Enterprises, Inc. is
qualified to perform this work. Staff recommends that the City Council authorize the City
Manager to execute a contract with Angel Brothers Enterprises, Inc. in the amount of
$176,878.20 and further authorizing $9,000.00 (5%) contingency for construction of the
Paving and Drainage Improvements for Caniff Road.
Action Required by Council:
Consider approving an ordinance authorizing the City Manager to execute a contract with
Angel Brothers Enterprises, Inc. in the amount of $176,878.20 and further authorizing
$9,000.00 contingency for construction of the Paving and Drainage improvements for Caniff
Road.
Availability of Funds:
General Fund
X Capital Improvement
Other
Water /W astewater
General Revenue Sharing
Account Number:
015-9892-768-1100
Funds Available: X Yes
No
Approved for City Council Agenda
(~~~*: "\. \1-..~,--
Robert T. Herrera
City Manager
.3. ~1' 'l..;C~
Date
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ORDINANCE NO. 2000- ~ 30 )
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT
BETWEEN THE CITY OF LA PORTE AND ANGEL BROTHERS
ENTERPRISES, INC. FOR CONSTRUCTION OF PAVING AND
DRAINAGE IMPROVEMENTS FOR CANIFF ROAD; APPROPRIATING
$185,878.20 TO FUND SAID CONTRACT; MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA
PORTE:
Section 1. The City Council hereby approves and authorizes the
contract, agreement, or other undertaking described in the title of this
ordinance, in substantially the form as shown in the document which is
attached hereto and incorporated herein by this reference. The City
Manager is hereby authorized to execute such document and all related
documents on behalf of the City of La Porte. The City Secretary is hereby
authorized to attest to all such signatures and to affIX the seal of the City
to all such documents.
City Council appropriates the sum of
$185,878.20 from Capital Improvement Fund 015 to fund said contract.
Section 2. The City Council officially finds, determines, recites,
and declares that a sufficient written notice of the date, hour, place and
subject of this meeting of the City Council was posted at a place
convenient to the public at the City Hall of the City for the time required
by law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been
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ORDINANCE NO. 2000- :J 3'1.;)
open to the public as required by law at all times during which this
ordinance and the subject matter thereof has been discussed, considered
and formally acted upon. The City Council further ratifies, approves and
confirms such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
PASSED AND APPROVED, this March 27, 2000.
By:
ATTEST:
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Martha Gillett,
City Secretary
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APPROVED: /.
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Knox W. Askins,
City Attorney
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CITY OF LA PORTE
CONSTRUCTION OF PAVING & DRAINAGE IMPROVEMENTS
FOR CANIFF ROAD
CLP PROJECT #97-4401
BID TABULATION
ANGEL BROTHERS Y 75 $ 176,878.20
D & W CONTRACTORS, INC Y 80 $ 186,585.40
SOUTII COAST CONSTRUCTION y 60 $ 214,428.00
DERK HARMSEN y 75 $ 220,508.00
DOLSON SIERRA CONSTRUCTION y 90 $ 232,751.20
AAA ASPHALT PA VlNG, INC Y 90 $ 243,280.60
JRC CONSTRUCTION, INC Y 75 $ 266,445.50
SOUTHERN CUSTOMS, INC Y 160 $ 378,680.00
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CITY OF LA PORTE
CONSTRUCTION OF PAVING & DRAINAGE IMPROVEMENTS
FOR CANIFF ROAD
CLP PROJECT #97-4401
Advertising
The Bayshore Sun - Feb 13th and Feb 20th, 2000
Bid Notice Faxed
Angel Brothers, Inc. Conrad Construction JRC Construction
PO Box 570 PO Box 841134 6418 Coley Park
Baytown, TX 77522 Houston, TX 77284 Sugar Land, TX 77479
FAX (281)421-23oJoJ FAX (713)9371172 FAX (281)494-6127
Derk Harmsen Construction Follis Construction FORCE Corp.
2820 Center Street III N. Broadway PO Box 1079
Deer Park, TX 77536 La Porte, TX 77571 La Porte, TX 77572-0853
FAX (281)478-5115 FAX (281)471-6038 FAX (281)471-9627
W T Byler Jaho, Inc. JTR Constructors
15203 Lillja 2003 Wilson Road oJ 718 Green Trail
Houston TX 77060 Humble, TX 77396 Houston, TX 77080J
FAX (281)445-4356 FAX (281) 446-6839 F A.,"'( (281) 859-2939
JTB Services, Inc. Kenneth Lamb Const. Moore & Moore Contractors
9026 Lambright 8214 Northline Drive PO Box 1517
Houston, TX 77075 Houston, TX 77037 La Porte, TX 77572-1517
FAX (713)941-9660 FAX (281)447-7249 FA.,"'( (281) 471-0601
Park Constructors Pas-Key Const. Services, Inc. SCI Constructors, Inc.
PO Box 986 2129 Preston PO Box 1464
Rosenberg, TX 77471 Pasadena, TX 77502 Friendswood, TX 77549-loJ64
FAX (281)342-8967 FAX (713)477-8247 FAX (281-482-6521
SER Construction, Inc. Steven R. Hill Construction CHAMBER OF COMMERCE
2500 Citywest Blvd., Suite 1700 7782 Hanullerly FAX (281)471-1710
Houston, TX 77042 Houston, TX 77055-1748
FAX (713)278-9892 FAX (713)956-5817
Contractors That Picked Up Plans & Specifications
Angel Brothers, Inc.
PO Box 570
Baytown, TX 77522
D & W Construction
4900 Woodway
Houston, TX 77056
JRC Construction
6418 Coley Park
Sugar Land, TX 77479
Derk Harmsen Construction
2820 Center Street
Deer Park, TX 77536
A & W Contractors
PO Box 1075
Channelview TX
Dale Dobbins
PO Box 55546
Houston, TX 77255
South Coast Construction
1950 Knoll
Houston TX 77080
Southern Customs, Inc.
4801 Milwee
Houston, TX 77092
Dolson Sierra
Houston, TX 77084
Beyer Construction
12200 Duncan Rd.
Houston, TX 77066
AAA Asphalt Paving.
10526 Tanner Rd.
Houston, TX 77041
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SPECIFICATIONS
AND
CONTRACT DOCUMENTS
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CONSTRUCTION OF PAVING & DRAINAGE
IMPROVEMENTS FOR CANIFF ROAD
CITY OF LA PORTE, TEXAS
OCTOBER 1999
CLP PROJECT NO.97-4401