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Home My WebLink About04-09-12 Regular Meeting of La Porte City Council LOUIS RIGBY DARYL LEONARD Mayor Councilmember District 3 JOHN ZEMANEK TOMMY MOSER Councilmember at Large A Councilmember District 4 DOTTIE KAMINSKI JAY MARTIN Councilmember at LargeB Councilmember District 5 MIKE MOSTEIT MIKE CLAUSEN Councilmember District 1 Councilmember District 6 CHUCK ENGELKEN Mayor Pro-Tem,Councilmember District 2 CITY COUNCIL MEETING AGENDA Notice is hereby given of a Regular Meetingof the La Porte City Council to be held April 9,2012, beginning at 6:00 p.m.in the Council Chambers of City Hall, 604 West Fairmont Parkway, LaPorte, Texas, for the purpose of considering the following agenda items. All agenda items are subject to action. The City Council reserves the right to meet in a closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code. 1.CALL TO ORDER 2.INVOCATION –The invocation will be givenbyFather Gary Rickles,St. Mary’s Catholic Church. 3.PLEDGE OF ALLEGIANCE –The Pledge of Allegiancewill be led by Councilmember Jay Martin. 4.PRESENTATIONS, PROCLAMATIONS and RECOGNITIONS (a) Proclamation –National VolunteerWeek –Mayor Rigby (b) Proclamation–National Public Safety-Telecommunications Week–Mayor Rigby 5.PUBLIC COMMENTS (Limited to five minutesper person.) 6.CONSENT AGENDA (a) Consider approval or other action of the minutes of the City Council meeting held on March26,2012–P. Fogarty (b) Consider approval or other action regarding an ordinance repealing Ordinance 2011-3302 relating to prohibition of certain smoking substances –K. Adcox (c) Consider approval or other action regarding an ordinance amending the City of La Porte Fiscal Year 2011-2012 Budget –M. Dolby (d) Consider approval or other action awarding Bid #12014for annual concrete street and drainage repairs –D. Mick (e) Consider approval or other action awarding Bid #12018 for asphalt black base–D. Mick 7.AUTHORIZATIONS (a) Consider approval or other action authorizing the Planning Director to executea pipeline permit to HSC Pipeline Partnership, LLC,for the installation of a 20” NGL pipeline through the City of La Porte –T. Tietjens (b) Consider approval or other action authorizing the Interim City Manager to execute a contract with Peltier Brothers Construction,LTD.,for the reconstruction of Lift Station No. 6 –D. Mick (c) Consider approval or other action authorizing the Interim City Manager to execute a contract with Angel Brothers Enterprises, LTD.,for annual asphalt overlay project–D. Mick (d) Consider approval or other action authorizing the Interim City Manager to sign a Memorandum of Agreement with Sutphen Corporation for the purchase of additional fire trucks over mulitiple year period–D. Ladd (e) Consider approval or other action authorizing the Interim City Manager to execute an agreement with Jackson Ryan Architects for a design contract forthe proposed City of La Porte Animal Shelter–K. Adcox 8.PUBLIC HEARING AND ASSOCIATED ORDINANCES (a)Public Hearing to receive comments regarding condemnation of substandard building at 1307 E. Main Street (this public hearing is continued from the January 9, 2012, City Council –D. Wilmore meeting) (b) Consider approval or other action directing staff to close the condemnation file and allow the new owner to complete the work of substandard building located at 1307 E. Main Street or restart the condemnation process of substandard building located at 1307 E. Main Street with the new owner–D. Wilmore 9.DISCUSSION OR OTHER ACTION (a) Discussion or other action regarding current dangerous building regulations–D. Wilmore 10.STAFF REPORTS (a) Receive Annual Police Department Report from 2011 –K. Adcox (b) Receive Drainage Report –J. Garza (c) Receive Report ofLa Porte Development Corporation Board–Councilmember Engelken 11.ADMINISTRATIVE REPORTS (a) City Council Budget Retreat, Saturday, April 14, 2012 (b) Planning and ZoningCommission Meeting, Thursday, April 19, 2012 (c) Fiscal Affairs Committee Meeting, Monday, April 23, 2012 (d) City Council Meeting, Monday, April 23, 2012 (e) Planning and Zoning Commission Meeting, Wednesday, April 25, 2012 12.COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies–CouncilmembersMartin,Moser, Kaminski,Zemanek,Leonard, Engelken,Mosteit,Clausen and Mayor Rigby. 13.EXECUTIVE SESSION The City Council reserves the right to meet in closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code. 14.RECONVENE into regular session and consider action, if any, on item(s)discussed in executive session. 15.ADJOURN I n compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable accommodations for persons attending public meetings. To better serve attendees, requests should be received 24 hours prior to the meeting. Please contact Patrice Fogarty, City Secretary, at 281.470.5019. CERTIFICATION I certify that a copy of the April 9, 2012, agenda of items to be considered by the City Council was posted on the City Hall bulletin board on April 3, 2012. Patrice Fogarty, City Secretary Council Agenda Item April9, 2012 1.CALL TO ORDER 2.INVOCATION –The invocation will be given by Father Gary Rickles, St. Mary’s Catholic Church. 3.PLEDGE OF ALLEGIANCE –The Pledge of Allegiance will be led by Councilmember Jay Martin. 4.PRESENTATIONS, PROCLAMATIONS and RECOGNITIONS (a) Proclamation –National Volunteer Week –Mayor Rigby (b) Proclamation –National Public Safety-Telecommunications Week –Mayor Rigby 5.PUBLIC COMMENTS (Limited to five minutes per person.) *********************************************************************************** LOUIS RIGBY DARYL LEONARD Mayor Councilmember District 3 JOHN ZEMANEK TOMMY MOSER Councilmember at Large A Councilmember District 4 DOTTIE KAMINSKI JAY MARTIN Councilmember at LargeB Councilmember District 5 MIKE MOSTEIT MIKE CLAUSEN Councilmember District 1 Councilmember District 6 CHUCK ENGELKEN Mayor Pro Tem Councilmember District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCILOF THE CITY OF LA PORTE MARCH 26, 2012 Monday, March 26,2012, The City Council of the City of La Portemet in aregularmeetingonat the City 6:00p.m Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at . to consider the followingitems of business: 1.CALL TO ORDER Mayor Rigbycalled the meeting to order at 6:00p.m. Members of Council present: Councilmembers Zemanek, Kaminski, Mosteit, Engelken, Leonard, Moser,Martinand Clausen. Also present were City Secretary Patrice Fogarty,Interim City Manager Steve Gillett, Assistant City Manager Traci Leach and Assistant City Attorney Clark Askins. 2.INVOCATION -The invocation was given by Don Hill, La Porte InterChurch Council. 3.PLEDGE OF ALLEGIANCE -The Pledge of Allegiance was led by Councilmember Mike Clausen. 4.PRESENTATIONS, PROCLAMATIONS and RECOGNITIONS (a) Mayor Rigbypresented a proclamation proclaiming April 9 –14 as Red Suspenders Shrimp Boil Week. (b) Finance DirectorMichael Dolby presented the 2011 Comprehensive Annual Finance Report. 5.PUBLIC COMMENTS (Limited to five minutes per person.) Chuck Rosa, 812 S. Virginia St., La Porte, addressed council in opposition to proposed changes regarding group care facilities regulations (a/k/a group homes, community homes, residential personal care homes, living centers and assisted living centers). 6.CONSENT AGENDA –Consent agenda items are considered routine by the City Council and will be enacted by one motion. ACouncilmember may remove any item for discussionand/or separate action. (a) Consider approval or other action of the minutes of the City Council meeting held on March12, 2012 –P. Fogarty (b) Consider approval or other action regarding an ordinance declaring the candidates for Mayor and Districts 2 and 3 unopposed; declaring Louis R. Rigby, candidate for Mayor, elected; declaring Chuck Engelken, candidate for District 2, elected; declaring Daryl Leonard, candidate for District 3, elected; and cancelling the May12, 2012, general election –P. Fogarty (c) Consider approval or other action authorizing the Interim City Manager to execute a contract with Paskey,Inc.,for the replacement of theexisting Main Street water main from SR 146 east to BroadwayStreetand authorizing a contingency–D. Mick Page 1of 5 March 26, 2012, City Council Meeting Minutes Assistant City Attorney Clark Askins read the caption of Ordinance 3404AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, DECLARING THE CANDIDATE FOR MAYOR, LOUIS R. RIGBY, THE CANDIDATE FOR COUNCILPERSON DISTRICT 2, CHUCK ENGELKEN, AND THE CANDIDATE FOR COUNCILPERSON DISTRICT 3, DARYL LEONARD, UNOPPOSED; DECLARING LOUIS R. RIGBY, CANDIATE FOR MAYOR, CHUCK ENGELKEN, CANDIDATEFOR COUNCILPERSON DISTRICT 2 AND DARYL LEONARD, CANDIDATE FOR COUNCILPERSON DISTRICT 3, ELECTED; CANCELLING THE ELECTION FOR MAYOR AND SINGLE-MEMBER DISTRICTS 2 AND 3; REPEALING ALL ORDINANCES OF PARTS OF ORDINANCES INCONSISTENT OR IN CONFLICT HEREWITH; CONTAINING A SEVERABILITY CLAUSE; CONTAINING AN OPEN MEETINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Councilmember Martin moved to approve the Consent Agenda pursuant to recommendations by MOTION PASSED. City Staff. Councilmember Leonard seconded. Ayes: Mayor Rigby, Councilmembers Zemanek, Kaminski, Mosteit, Engelken, Leonard, Moser, Martin and Clausen Nays:None Absent:None 7.AUTHORIZATIONS/ORDINANCES/RESOLUTIONS (a) Consider approval or other action authorizing the Interim City Manager to sign a credit card processing agreement with Automated Merchant Services –M. Dolby Finance Director Michael Dolby presented a summary. Councilmember Zemanek moved to approve authorizing the Interim City Manager to sign a credit card processing agreement with Automated Merchant Services.Councilmember Moserseconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Zemanek, Kaminski, Mosteit, Engelken, Leonard, Moser, Martin and Clausen Nays:None Absent:None (b) Consider approval or other action regarding an ordinance repealing Ordinance 2011-3334, regarding convenience fees for credit or debit card transactions paid on-line through the City of La Porte website, for City of La Porte residential and business customers –M. Dolby Finance Director Michael Dolby presented a summary. Assistant City Attorney Clark Askins read the caption of Ordinance 3405 AN ORDINANCE REPEALING ORDINANCE NO. 2011-3334, AUTHORIZING AND ESTABLISHING CONVENIENCE FEES FOR CREDIT OR DEBIT CARD TRANSACTIONS PAID ON-LINE THROUGH THE LA PORTE WEBSITE, FOR LA PORTE RESIDENTIAL AND BUSINESS CUSTOMERS, CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE, FINDING COMPLINANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATEHEREOF. Councilmember Clausenmoved to approve an ordinance repealing Ordinance 2011-3334, regarding convenience fees for credit or debit card transactions paid on-line through the City of La Page 2of 5 March 26, 2012, City Council Meeting Minutes Porte website, for City of La Porte residential and business customers. Councilmember Leonard MOTION PASSED. seconded. Ayes: Mayor Rigby, Councilmembers Zemanek, Kaminski, Mosteit, Engelken, Leonard, Moser, Martin and Clausen Nays:None Absent:None (c) Consider approval or other action regarding city council meeting dates for the month of May 2012 as recommended by staff –S. Gillett/P. Fogarty th Councilmember Clausen moved to approve city council meeting date for May 14and to cancel the th May 28meeting for the month of May 2012due to the Memorial Day holiday as recommended by MOTION PASSED. staff. Councilmember Leonard seconded. Ayes:Mayor Rigby, Councilmembers Zemanek, Kaminski, Mosteit, Engelken, Leonard, Moser, Martin and Clausen Nays:None Absent:None 8.PUBLIC HEARING AND ASSOCIATED ORDINANCES (a)Public Hearing to receive public comments regarding group care facilities regulations (a/k/a group homes, community homes, residential personal care homes, living centers and assisted living centers) –D Wilmore City Council opened the public hearing at 6:17p.m. regarding group care facilities regulations (a/k/a group homes, community homes, residential personal care homes, living centers and assisted living centers Chief Building Official Debbie Wilmore presented a summary. Mayor Rigby questioned if an elderly person rented a house from a homeowner,would the proposed ordinance apply tothe elderly person?Ms. Wilmore responded the ordinance would not apply to theelderly person.Mayor Rigby then asked would the ordinance apply if an elderly person’s adult son, his wife, and child all lived together with the elderly person. Ms. Wilmore stated it would not because they are all related. We are not talking about family situations. This ordinance is talking about companies placing individuals into homes. Councilmember Mosteit questioned ifindividuals are not related but there is no monetary exchange because it is not a business,does the ordinance apply to theseindividuals?Ms. Wilmoreclarified the ordinance does not apply to an individual relocating and residing in another individual’s home. The ordinance applies to facilities operating as a business, providing a service and taking money for the services provided. Chuck Rosa, 812 South Virginia St., La Porte, addressed Council advising he was informed by City staff thatif an individual rented a room from someone and paid contributions for food, the home would be required to obtain a license. City Council closed the public hearing at 6:33p.m. (b)Consider approval or other action on recommendation of the Planning andZoning Commission to approve an ordinance amending Chapter 106, “Zoning,” of the Code of Ordinances of the City of La Porte by enacting regulations pertaining to the operation of group care facilities (a/k/a group homes, community homes, residential personal care homes, living centers and assisted living centers) –D Wilmore Page 3of 5 March 26, 2012, City Council Meeting Minutes REGULATIONS PERTAINING TO THE OPERATION OF GROUP CARE FACILITIES; ESTABLISHING AN ANNUAL REGISTRATION FEE; PROVIDING A REPEALING CLAUSE, CONTAINING A SEVERABILITY CLAUSE, FINDING COMPLIANCE WITH THE OPEN MEETING LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE. Councilmember Leonard moved to approve the recommendation of the Planning and Zoning Commission to approve an ordinance amending Chapter 106, “Zoning,” of the Code of Ordinances of the City of La Porte by enacting regulations pertaining to the operation of group care facilities (a/k/a group homes, community homes, residential personal care homes, living centers and MOTIONPASSED. assisted living centers). Councilmember Mosteitseconded. Ayes: Mayor Rigby, Councilmembers Zemanek, Kaminski, Mosteit, Engelken, Leonard, Moser, Martin and Clausen Nays: None Absent:None 9.STAFF REPORTS (a) Receive Drainage Report – J. Garza Senior Engineer Julian Garza stated there is nothing to add to the submitted to the Drainage Report. (b) Receive Report of Fiscal Affairs Committee – Councilmember Engelken Councilmember Engelken provided a report oftheFiscal Affairsmeetingwhich was held prior to the start of the Council meeting. 10.ADMINISTRATIVE REPORTS (a) Wrecker Committee Meeting, Tuesday, March 27, 2012 (b) Northside Neighborhood Plan Update Meeting, Thursday, March 29, 2012 (c) Good Friday – City Offices Closed, Friday, April 6, 2012 (d) La Porte Development Corporation Board Meeting, Monday, April 9, 2012 (e) City Council Meeting, Monday, April 9, 2012 (f) City Council Budget Retreat, Saturday, April 14, 2012 (g) City Council Meeting, April 23, 2012 Interim City Manager Steve Gillettreminded Council of the “State of Cities” address Wednesday, th March 28at 12:00 p.m. 11. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies– Councilmembers Zemanek,Kaminski, Mosteit, Engelken, Leonard, Moser, Martin, Clausenand Mayor Rigby. Councilmember Clausen encouraged everyone to support the Red Suspenders and the shrimp boil. Councilmember Kaminski commented she attended a very well attended,great play presented by the La Porte senior citizens.Councilmember Engelken wished everyone a Happy Easter, congratulated re-elected Mayor Rigbyand CouncilmemberLeonard.Councilmember Mosteit reminded everyone of the upcoming La Porte Live Stock Show and Rodeo Association’sannual cook off. Page 4 of 5 March 26, 2012, CityCouncil Meeting Minutes 12.EXECUTIVE SESSION The City Council reserves the right to meet in closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code. Texas Government Code, Section 551.072 –Deliberation regarding real property: Discussion of the sale of property located at 908 and 912 West Main Street. Texas Government Code, Section 551.074 –Personnel Matters: Receive update from executive search firm SGR (Strategic Governmental Resources) regarding recruitment of a City Manager. City Council recessed the regular meeting to convene an executive session at 6:40p.m. todiscuss the sale of property located at 908 and 912 West Main Street. Council reconvened into open session at 6:58 p.m. to take action on this item. See action under Item 13, below. After action was taken regarding the sale of property, City Councilthenrecessed the regular meetingat 6:59 p.m. to convene aclosed session toreceive anupdate from executive search firm SGR (Strategic Governmental Resources) regarding recruitment of a City Manager. 13.RECONVENE into regular session and consider action, if any, on items discussed in executive session. The regular meeting reconvened at6:58p.m.after the closed session on the sale of property. The following action was taken. Councilmember Engelken moved to reject the written offer received and to direct staff to proceed MOTION PASSED. with the sale of 912 W. Main. Councilmember Zemanek seconded. Ayes:Mayor Rigby, Councilmembers Leonard, Mosteit, Clausen, Zemanek, Engelken, Moser, Kaminski and Martin Nays:None Absent:None The regular meeting recessed at 6:59p.m.to convene a closed session to receive an update from the executive search firm SGR (Strategic Governmental Resources) regarding recruitment of a City Manager.The closed session was concluded at 8:39 p.m. Council reconvened into regular sessionat 8:39 p.m.No action was takenregarding the receiving of an update from the executive search firm SGR (Strategic Governmental Resources) regarding recruitment of a City Manager. 14.ADJOURN There being no further business, the regular council meeting adjourned at 8:39 p.m. Respectfully submitted, _______________________________ Patrice Fogarty, City Secretary Passed and approved on April 9, 2012. ________________________________ Mayor Louis R. Rigby Page 5of 5 March 26, 2012, City Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested:4-9-12 Source of Funds: Requested By:Kenith Adcox Account Number: Department:Police Amount Budgeted: Report: XResolution:Ordinance: Amount Requested: Budgeted Item:N/A Exhibits: Ordinance # 3302, Prohibition of Certain Smoking Substances. Exhibits: Ordinance repealing Article VI., Prohibition of Certain Smoking Substances, of CH 42, City of La Porete Code of Ordinances SUMMARY & RECOMMENDATION Senate Bill No. 331 was recently passed by the State Legislatureand designatescertain synthetic cannabinoids as controlled substances under the Texas Controlled Substances Act; providing penalties and establishing certain criminal consequences (Class B Misdemeanor). Many of the controlled substances covered in the new state law are commonly referred to as K2 and are the same as covered in the City of La Porte’s Code of Municipal Ordinances, Article VI., Prohibition of Certain Smoking Substances, Chapter 42. The referenced state law took effect on September 1, 2011 and preempts the stated city ordinance. As such, it is requested that City Council repealthe city ordinance in question. Action Required by Council: City of La Porte’s Code of Municipal , Consider approvalor other actionto repeal Ordinance 3302 Ordinances, Article VI., Prohibition of Certain Smoking Substances, Chapter 42. Approved for City Council Agenda Steve Gillett,Interim City ManagerDate REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:April9, 2012 Source of Funds:N/A Requested By:Michael Dolby, CPA Account Number:N/A Department: Finance Amount Budgeted:N/A Report: Resolution:Ordinance:XX Amount Requested:N/A Exhibits: Ordinance Budgeted Item:YESNO Exhibits: Excerpt from FY 2012Adopted Budget & Amended Budget(Exhibit A & B) Exhibits: Explanations / Backup for Amendment SUMMARY & RECOMMENDATION The City Council adopted the Fiscal Year 2011-12Budget on September 12, 2011. The Summary of Funds, which is shown below, represents the amendments which council previously approved to the FY 2011-12Budget. (*denotes funds with current changes) PreviouslyProposed Original BudgetAmended BudgetAmended Budget General Fund $35,992,372$35,994,872$36,043,321* Grant Fund580,442588,842599,816* Street Maintenance Sales Tax Fund1,050,0001,050,0001,050,000 Emergency Services District Sales Tax Fund705,000705,000705,000 Community Investment229,000229,000229,000 Hotel/Motel Occupancy Tax353,742353,742363,742* Economic Development Corporation1,806,7101,791,7101,791,710 Tax Increment Reinvestment Zone1,703,7041,703,7041,703,704 Utility7,761,0337,782,0337,782,033 Airport 133,779133,779133,779 La Porte Area Water Authority1,136,5071,136,5071,136,507 Motor Pool 2,658,1822,658,1822,658,182 Insurance Fund 5,334,6345,334,6345,334,634 Technology Fund021,00021,000 General Capital Improvement 3,251,0203,251,0203,272,965* Utility Capital Improvement 931,447931,447931,447 Sewer Rehabilitation Capital Improvement 350,000350,000350,000 Drainage Improvement Fund195,000195,000195,000 2005 Certificates of Obligation Bond Fund67,55367,55367,553 2007 Certificates of Obligation Bond Fund408,133408,133408,133 2010 Certificates of Obligation Bond Fund174,000174,000174,000 General Debt Service 3,746,2703,746,2703,746,270 Utility Debt Service 306,679306,679306,679 La Porte Area Water Authority Debt Service693,150693,150693,150 Total of All Funds $69,568,357$69,606,257$69,697,625 Action Required by Council: Adopt Ordinance Amending Fiscal Year 2011-12Budgetforthe following items: A.$5,000 in the Grant Fund for Judicial Efficiency funds. The funds are currently in a reserve account in the Grant Fund. B.$2,364in the General Fund for City Council Redistricting. C.$21,945 in the General CIP Fund to transfer left over project monies into the General Operating Fund for the Laserfiche project. The project costs are in the Information Technology budget. D.$21,945 in the General Fund for the Laserfiche project. E.$5,974 in the Grant Fund for the new STEP IDM grant awarded to the Police Department. F.$20,000 in the General Fund for acoustical engineering services to evaluate the sound data from the Port. G.$10,000 in the Hotel/Motel Fund for contracted payments to Bay Area Convention and Visitor’s Bureau. H.$4,140 in the General Fund for an increase/contract amendment to the comprehensive plan update. Approved for City Council Agenda Steve Gillett,Interim City ManagerDate EXHIBIT A (ORIGINAL BUDGET) City of La Porte Consolidated Summary of All Funds FY 11-12FY 11-12 RevenuesExpenses Governmental Fund Types: General Fund35,532,52435,992,372 Grant Fund516,622580,442 Street Maintenance Sales Tax815,1891,050,000 Emergency Services District815,189705,000 Community Investment254,846229,000 Hotel/Motel Occupancy Tax392,000353,742 Economic Development Corporation1,632,3791,806,710 Tax Increment Reinvestment1,901,0001,703,704 Total Governmental Types41,859,74942,420,970 Enterprise: Utility7,878,7007,761,033 Airport54,500133,779 La Porte Area Water Authority1,094,6491,136,507 Total Enterprise9,027,8499,031,319 Internal Service Motor Pool2,136,3432,658,182 Insurance Fund4,529,7245,334,634 Technology Fund170,848- Total Internal Service6,836,9157,992,816 Capital Improvement: General1,264,0473,251,020 Utility439,900931,447 Sewer Rehabilitation300,500350,000 Drainage Improvement Fund265,350195,000 2005 C/O Bond Fund-67,553 2007 C/O Bond Fund-408,133 2010 C/O Bond Fund2,000174,000 Other Infrastructure750- Total Capital Improvement2,272,5475,377,153 Debt Service: General3,548,4213,746,270 Utility297,661306,679 La Porte Area Water Authority693,150693,150 Total Debt Service4,539,2324,746,099 Total All Funds64,536,29269,568,357 EXHIBIT B (AMENDED BUDGET) City of La Porte Consolidated Summary of All Funds FY 11-12FY 11-12 RevenuesExpenses Governmental Fund Types: General Fund35,554,46936,043,321 Grant Fund530,996599,816 Street Maintenance Sales Tax815,1891,050,000 Emergency Services District815,189705,000 Community Investment254,846229,000 Hotel/Motel Occupancy Tax392,000363,742 Economic Development Corporation1,632,3791,791,710 Tax Increment Reinvestment1,901,0001,703,704 Total Governmental Types41,896,06842,486,293 Enterprise: Utility7,899,7007,782,033 Airport54,500133,779 La Porte Area Water Authority1,094,6491,136,507 Total Enterprise9,048,8499,052,319 Internal Service Motor Pool2,136,3432,658,182 Insurance Fund4,529,7245,334,634 Technology Fund170,84821,000 Total Internal Service6,836,9158,013,816 Capital Improvement: General1,264,0473,272,965 Utility439,900931,447 Sewer Rehabilitation300,500350,000 Drainage Improvement Fund265,350195,000 2005 C/O Bond Fund-67,553 2007 C/O Bond Fund-408,133 2010 C/O Bond Fund2,000174,000 Other Infrastructure750- Total Capital Improvement2,272,5475,399,098 Debt Service: General3,548,4213,746,270 Utility297,661306,679 La Porte Area Water Authority693,150693,150 Total Debt Service4,539,2324,746,099 Total All Funds64,593,61169,697,625 Wolny, Shelley From:Kilgore, Lynda Sent:Tuesday, February 14, 2012 2:40 PM To: Wolny, Shelley Cc:Dolby, Michael; Mitrano, Denise - Personal E-Mail; Mitrano, Denise Subject:RE: Judicial Efficiency Shelley,Ihavelistedanexplanationbelow: Eachbudgetyearwetakemoneyfromour032accountstoputintoourbudget.Lastyearweoptedtotransfer$5000 fromtheJudicialEfficiencyAccounttoourbudget.Thattransferwasoverlookedthispastyearandweareaskingfora budgetamendmenttomakethishappen. ThesefundswillbeusedtosupplementtheJuryFees/CommunityEventsAccountwhichwillincludethepurchaseof ceramiccoffeemugsastokensofappreciationforourjurors.Itwillalsobeusedtocoverexpensesincurredbyour JuvenileCommunityServiceProgram.Thisincludesspeakersfromvariousagencies,suppliesforthejuvenilestodo trashpickupinthecommunityandvideosandotheritemsforclassesthatcoveralcoholandtobaccoawareness,gang awareness,angermanagement,etc.Thecoffeemugswillcostapproximately$800andspeakersrangefrom$200to $400dependingonthesubjectmatter.Thankyou. 1 Wolny, Shelley From:Cain, Lyle Sent:Monday, March 26, 2012 1:50 PM To: Wolny, Shelley Subject:RE: Budget Amendment We want to transfer the remaining balance of $21,945.41 from 015-9892-603-3205 to our 4055 account, please. Do you need anything else from me? Thank you for your assistance in this. From: Wolny, Shelley Sent: Monday, March 26, 2012 1:48 PM To: Cain, Lyle Subject: RE: Budget Amendment Ifthisisregardingthe$14,000forLaserfiche,justremindmewhatprojectwearemovingitfrom,etc.Iamincludingit th intheamendmentforthe9. Shelley From: Cain, Lyle Sent: Friday, March 23, 2012 11:08 AM To: Wolny, Shelley Cc: Rinehart, Phyllis Subject: Budget Amendment If it is not too late, what all do I need to do in order to have a Budget Amendment done in April to have money moved from a CIP Account to a General Fund Account? Thanks. Lyle Cain City of La Porte Computer Support Specialist 281-470-5033 (Office) 281-470-5095 (Fax) 1 Wolny, Shelley From:Bedford, Michelle Sent:Thursday, March 22, 2012 4:46 PM To: Collins, Gay; Wolny, Shelley Subject:STEP IDM Grant Information (For Budget Adjustment) Attachments:20120322162918139.pdf AttachedyouwillfindacopyofthenewSTEPIDMgrant. Theamounteligibleforreimbursementis$5,973.28;matchamountof$2,324.68TotalAward: $8,297.96.Gayhasalreadysetupproject#STPIDMandpayrollisawarethatthecharges shouldbemadeto03252535211020. Thankyou, MichelleBedford OfficeCoordinator 2818423190 bedfordm@laportetx.gov 1 Wolny, Shelley From:Leach, Traci Sent:Wednesday, March 28, 2012 8:18 AM To: Wolny, Shelley Cc:Dolby, Michael; Gillett, Steve Subject:Budget Amendment Attachments:CSTI Approval Proposal.pdf Shelley: Pleaseusethisemailasbackupforthebudgetamendmentrequestfortheacousticalengineeringservicesproposal attached.AttheFebruary13,2012Councilmeeting,Councildirectedstafftoobtainsounddatainformationfromthe PortofHoustonandcomparethatdatawiththecitationswrittentodateandtoevaluatethecalibrationdonebythe Portonthosemeters.Ifitisrequired,Councildirectedthatanacousticalengineerberetainedtocompletetheanalysis andevaluation. StaffhasreceivedtheinformationfromthePortandhasmetwithMr.RobertBruceofCollaborationinScienceand TechnologyInc.todiscusstheproject.Aproposalwasreceivedandisincludedhereforreference.Theproposal amountisfor$18,000andtheCitywouldberesponsibleforreimbursableitems,suchastravel,printing,etc. Therefore,Iamrequestingabudgetamendmentintheamountof$18,000plus$2,000forreimbursableitemsforatotal projectbudgetof$20,000. TraciE.Leach AssistantCityManager,CityofLaPorte 2814705012office 2818136094mobile leacht@laportetx.gov "PositioningLaPorteforsuccessbyembracingourheritage,communityvalues,andfutureopportunities,while enhancingthequalityoflifeforourcitizens" 1 Wolny, Shelley From:Osborne, Stacey Sent:Thursday, March 29, 2012 3:11 PM To: Wolny, Shelley Subject:RE: Budget Amendment Item Hi,Shelley. Theaccountisaccount#037606356530.01.OurestimatedduestoBAHCVBwere$60,000fortheyear.However,we underestimatedlastǇĞĂƌ͛Ɛduesandhadtopay$7,641.89on12/21/11whenwesettledupwiththeCVB.Becauseof thatweĚŽŶ͛ƚhavesufficientfundstocoverthefullPOforthisǇĞĂƌ͛Ɛdues,whicharepaidin$15,000incrementsevery quarter.WhenIprocessedthePOtopayforthefirsttwoquarters,Iwasnotabletomakeitforthefull$60,000,soIjust madeitfor$30,000;wewillowethemanother$30,000(andpossiblymore,ifourestimateswereunderagain).We currentlyhave$20,858.11intheaccount. Pleaseletmeknowifyouhaveanyquestionsorneedadditionalinformation. Thankyou, Stacey From: Wolny, Shelley Sent: Thursday, March 29, 2012 2:58 PM To: Osborne, Stacey Subject: FW: Budget Amendment Item Stacey, Tracimentionedthatyouhavethisinformation.CanyouforwardbackuptomesothatIcanadjustmybudget amendment? Thanks, Shelley From: Leach, Traci Sent: Thursday, March 29, 2012 1:40 PM To: Dolby, Michael Cc: Wolny, Shelley Subject: Budget Amendment Item Michael: Theagendaitemshowsonlyonebudgetamendmentitem.Wherearetherestofthem? HereiswhatIhaveonmyrunninglistforyou: MainSt.TrafficLightReallocate$150KfromFund015Contingency LaserfischeAdditionalfundstocompletethetransitionthisyear(OrdidJefffindthiselsewhere?)Thisisdifferentfrom whathasalreadybeendonetorolleverythingthatwasindepartmentalbudgetsintotheITbudget. BACVBadjustmentneedmoremoneybasedonactualhotel/motelreceiptsreceived. ComprehensivePlan/NorthsidePlanprojectbudgetneedtobeincreasedduetoadditionalmeetingsrequestedby CommissionandCouncilmember,respectively. AcousticalEngineer$20KinNonDepartmentalthatneedstobeaddedattherequestofCouncil.IprovidedShelley withbackuponthisTuesdayIthink. 1 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:April 9, 2012 Source of Funds:033 Requested By:David Mick Account Number:033-7071-531-1100 Department:Public Works Amount Budgeted:$ 168,300 Report: XResolution:Ordinance: Amount Requested:$ 115,200 Exhibits: Bid Tabulation,Plan Holder List, Budgeted Item: Yes Exhibits: Location Table, Initial Work Location Map Exhibits Engineers Recommendation SUMMARY & RECOMMENDATION As part of the Street Maintenance Tax program,failed concrete pavement sections and/or damaged curb drainage inlets were identified for repairsby city staff.Contract documents and specifications were prepared by Cobb Fendley & Associates for an annual contract to repair the identified locations along with other additionalconcrete street failurelocations that will be repaired as they are identified. Solicitations for bids for the Bid #12014 “Annual Concrete Street and Drainage Improvement” was sent to seventeen (17) contractors. Five (5) contractors returnedbids.The lowest and best bid was received from W.M. Jones Construction Inc. in the amount of $115,200.00. This bid will allow for the replacement of the 644 square yards of street and 17 storm inlets identifiedin the Location Table and approximately 250 additional square yards and3 inlets as needed.$168,300 ($159,300 for concrete repair plus $9,000 for inlet repair) was budgeted out of the Street Maintenance Tax Program Fund. This contract can also be utilized for emergency repairsthroughout the year. W.M. Jones Construction, Inc. was 40% lower than the second-low bid. The design engineer, Cobb Fendley, was able to recommend W.M. Jones for this project based in part on Cobb Fendley’s own experience working with W.M. Jones onprior commercial/industrial development projects. Project Benefits, Liabilities, and Operating Cost: Benefits: The proposed project provides timely maintenance of existing public facilities. Liabilities of Maintaining the Status Quo: A citizen request for service likely kicked off the initial investigation of a few of the pavement repair areasidentified on this contract. Deferred maintenance adds cost and work hours to future budget years. Operating Costs: No new facilities will be added with this project. Action Requested of Council: Consider approval or other action to award bid # 12014 Annual Concrete Street and Drainage Improvement Contract to W. M. Jones Construction, Inc.in the amount of $115,200.00. Approved for City Council Agenda Steve Gillett,Interim CityManagerDate FY2012ConcreteStreetandInletRepair REVISEDTABLE1REVISEDTABLE2 No.ConcreteSYNo.InletEA StreetRepairRepair/Replac ement 1ScotchMoss311Bandridgeat2 3300Somerton 2SomertonDr.212Somerton3 3311Driveat Ashwyne 3WillmontRd.1503FernRock32001 3827 4LuellaBlvd.404Ventureat2 3700FernRock 5StonemontRd.65BeechavenRd.2 10003atAshwyne 6DoverHillRd.36AchwyneLn.at2 10122FernRock 7MaplewoodDr.37Cladwyne32001 9700 8RustRockRd.228Cedarmontat1 10438MyrtleCreek 9BarmontDr.259RoseeberryDr.1 10000atRusticRock 10CedarmontDr.410WillmontRd.1 3200atRusticGate 11OldOrchard3.511Parkmontat1 Rd.9900StoneMont 12RoseberryDr.170Total17 3400,3600Inlets 13CarlowLn.23 10000 14PineyBrookDr.13 15RustGateRd.15 10100 16ShellRockRd.19 10100 17Charmont980010 18HillridgeRd.5 10200 19ClairmontDr.12 1000 20BelfastDr.4 10100 21Farrington11 Blvd. 22WindingTrail 19 Rd. 10300,10200 23Collingswood16 Dr. 10300,10400 24OldHickory18 Dr@QuietHill TotalSYofRepair644 Note:1)AdditionalBlockandStreetIntersectioninformationhasbeenprovidedforuse theareasthatrequirerepair inlocating 2)ThequantityestimatesprovidedinTable1&2areapproximatequantitiesfor thefirstworkorderandthequantitiesintheBidFormareanestimatefortheyear TS HT6 N TS HT31 N TS HT41 STS HT41 S TS HT61 NTS HT61 SDR LLEWOP DR SNES GNIDNAL RECNEPS E RD AYNAT RD ACISSEJ NALPUOC NL YMMAC ELLIVSKRALC REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation AgendaDate Requested: April 9, 2012 Source of Funds:General Fund Requested By:David Mick Account Number:001-7071-531-40-15 Department:Public Works Amount Budgeted: Incl. w/$225,000 Report: X Resolution:Ordinance: Budget Line Item Amount Requested: $120,000.00 Exhibits: Bid Proposal Budgeted Item:YES Exhibits: Listof Supplier’s Notified Exhibits: SUMMARY & RECOMMENDATION Advertised, Sealed Bid #12018–Asphalt Black Base & Type Dwas opened and read on March 13, 2012.Bid requests were sent to four(4)vendors, withone(1) returningbids.Low bid meeting specifications isCentury Asphalt, Ltd. Item #1 Black Base Hot Asphalt Mix 700 tons$33,950.00 Item #2 Type D Hot Asphalt Mix 1500 tons$75,375.00 Total$109,325.00 Although Century Asphalt is the only bidder, Centuryisalso to only supplier within a 50 mile travel radius from the City of La Porte. City forces and equipment pick up the asphalt making labor costs and travel expenses an issue with vendors fartherfrom La Porte. Loss of temperature during long travel distances in non-heated dump trucks is also an issue when working with hot mix asphalt. Century Asphalt is located on Navigation Dr. and Galveston Rd. in Houston. These materials were included in the $225,000“Paving”line item included in the Streets Division, Public Works budget. City crews utilize the materials for in-house pavement repair, paving and crack sealing. Action Requested of Council: Consider awardingBid #12018 to Century Asphalt Ltd. for the purchase of Hot Mix Asphalt and Base in the amount of $109,325.00 with a $10,675 contingency for a total of $120,000.00 Approved for City Council Agenda Steve Gillett,InterimCity ManagerDate CITY OF LA PORTE SUPPLIER NOTIFICATIONLIST BLACK BASE ASPHALT Martin Asphalt (HUB Vendor) 3 River Way Place #40 Houston, TX 77056 Attn: Tom Hernandez or Vernon Turner Off: 713-350-6812 Fax: 713-350-2812 thernandez@martinmlp.com vturner@martinmlp.com Century Asphalt Materials (HUB Vendor) PO Box 57 Baytown, TX 77522-0057 Attn: Linda Rosales Off: 281-421-2621 Fax: 281-421-9662 lrosales@centuryasphalt.com Cleveland Asphalt Company PO Box 1449 Sheppard, TX 77371 Attn: Craig Moore Off: 936-628-6200 Fax: 936-628-6602 ccmcapco@msn.com Wright Asphalt 11931 Wick Chester Lane Houston, TX 77043 Attn: Charlie Carlton Off: 800-882-6541 Fax: 281-452-2562 Cell: 713-817-3540 cdcgolf@aol.com REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: April9, 2012 ______N/A___________ Source of Funds: Tim Tietjens Requested By: Account Number:______N/A__________ Department: Planning Amount Budgeted: _____N/A___________ Report: _X__Resolution: ____Ordinance: __ Amount Requested: ____N/A__________ Budgeted Item: YES XNO Exhibits: 1.Pipeline Permit Application 2.Pipeline Permit #PT-12-37000001 3.Area Map 4.Pipeline Transportation Ordinance SUMMARY & RECOMMENDATION HSC Pipeline Partnership, LLChas filed application with the City to constructa20”Natural Gas Liquids (NGL)pipelinewithin an existing corridor through La Porte. The proposed pipeline originates in Webster, Texas and will terminate in Baytown.Right-of-Way crossings within La Porte occur at Fairmont Parkway,Spencer Highway,North “D” Street,North “H” Street, North “L” Street, North “P” Street, and State Highway 225 (See Exhibit 3).HSC’sapplicationmeets all requirements of the Pipeline Transportation Ordinance(see Exhibit 4) and the company has submitted all required documentation and fees per the ordinance. Based on its review of HSC’sapplicationand construction plans, Staff anticipatesnoconflicts between this pipeline and existing and proposed utilities, roads ordrainage ways. Conditional to issuance of thispermit arethe following stipulations: 1.Attend pre-construction meeting with City Staff no less than 48 hours prior to commencement of construction. 2.Post copies of this Permit at all public right-of-way crossings. 3.Per Sec. 102-235, Item (k) of La Porte’s Code of Ordinances (Ord. 2004-2755): “the Permittee shall, at any time in the future, where such pipeline or portion thereof crosses or is laid within, under or across any street, road or utility right-of-way, drainage way or public way existing or projected at the time the permit is issued, reposition such pipeline (which shall include lowering or raising the pipeline, as well as casing it, if required) at the Permittee’s sole expense, when the City reasonably requires such action incidental to public construction or public improvement: construction, maintenance and improvement of streets, water lines, sanitary sewer lines, storm sewers, ditches and public utilities.The City shall give the Permittee prior written notice of the need for repositioning location, and such notice shall be mailed certified mail, return receipt requested, to the Permittee as designated in the application. The Permittee shall have six (6) months to complete such repositioning. 2 4.Any and all construction materials utilized by the pipeline contractor for access across any and all drainage ditches, drainage paths and/or drainage channels shall be promptly removed by the contractor upon completion of construction at each crossing. 5.Any fill material resulting from construction shall be removed or be subject to a Fill Permit from the City. 6.Prior to an anticipated major rain event, contractor shall remove all construction-related materials and/orfill from any drainage way or roadside ditch as to not impede storm water runoff. Upon Council’s approval, the Director of Planning will execute aconstruction permit to HSC Pipeline Partnership, LLC induplicate originals, one which shall be delivered to the Permittee and one which shall be retained by the City, as required by ordinance. __________________________________________________________________________________________________________________ Action Required by Council: Authorizethe Planning Director to execute a Pipeline Permit to HSC Pipeline Partnership, LLCfor the installation ofa20”NGLpipelinethrough the City of La Porte. ______________________________________________________________________________________ Approved for City Council Agenda Steve Gillett,InterimCity ManagerDate City of La Porte Planning Department 604 West Fairmont Parkway La Porte, Texas 77571 Phone: (281) 471-5020 –Fax: (281) 470-5005 www.laportetx.gov April 9, 2012 HSC Pipeline Partnership, LLC c/o Rick Lamb / Mustang Engineering 4400 Hwy. 225 Deer Park, TX 77536 RE:Pipeline TransportationPermit(PT-12-37000001) Dear Mr.Lamb: Yourapplication for a permit to construct a20”NGLpipeline within the city limits of La Porte has beenapproved by La Porte City Council at its April9, 2012meeting.You are hereby authorized to begin your projectas governed by regulations set forth in City of La Porte Ordinance 2004-2755and the conditions stipulatedbelow: 1.Conductpre-construction meeting with City of La Porte staffno less than 48 hours prior to commencement of construction. 2.Post copies of this Permit at all public right-of-way crossings. 3.Per Sec. 102-235, Item (k)of La Porte’s Code of Ordinances (Ord.2004-2755): “the Permittee shall, at any time in the future, where such pipeline or portion thereof crosses or is laid within, under or across any street, road or utility right-of-way, drainage way or public way existing or projected at the time the permit is issued, reposition such pipeline (which shall include lowering or raising the pipeline, as well as casing it, if required) at the Permittee’s sole expense, when the City reasonably requires such action incidental to public construction or public improvement: construction, maintenance and improvement of streets, water lines, sanitary sewer lines, storm sewers, ditches and public utilities. The City shall give the Permittee prior written notice of the need for repositioninglocation, and such notice shall be mailed certified mail, return receipt requested, to the Permittee as designated in the application. The Permittee shall have six (6) months to complete such repositioning. 4.Any and all construction materials utilized by the pipeline contractor for access across any and all drainage ditches, drainage pathsand/or drainagechannels shall be promptly removed by the contractor upon completion of constructionat each crossing. 5.Any fill material resulting from construction shall be removed orbe subject to a Fill Permit from the City. 6.Prior to an anticipatedmajor rain event, contractor shall remove all construction-related materials and/or fill from any drainage way or roadside ditch as to not impede stormwater runoff. Sincerely, Pg. 2 Tim Tietjens Planning Director CC:Finance Department; PT-12-37000001File S.H. 225 NORTH "P" ST. NORTH "L" ST. NORTH "H" ST. PROPOSED 20" NATURAL GAS LIQUIDS PIPELINE NORTH "D" ST. SPENCER HWY. FAIRMONT PKWY. REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested: April 9, 2012 Source of Funds:003, 045 David Mick Requested By: 00398906311100 04598906311100 Public Works________________________ Department: Account Number: 0039860613 line item Report: Resolution:Ordinance: Amount Budgeted:See Report Exhibits:Engineer’s Recommendation Amount Requested:$448,550 Budgeted Item:See Report Exhibits: Bid Tabulation Exhibits Contractors List SUMMARY & RECOMMENDATION th Lift Station #6 is located along S. 8Street on the north side of the Little Cedar Bayou. The design of the Lift Station 6rehabilitation was approved by City Council in 2008 and completed that same year. The project was set aside for some time while a property transfer was negotiated with Harris County. Temporary pumpsare now being utilized at this location due to the failure of the original pumps and equipmentthat have functioned well beyond anticipated design service life.The project design includes a new wet well and replacement of pumps, controls, hatches, and fencing. Lift Station #6 currently serves BayPoint Townhomes,Bayshore Elementary, area commercial establishments, and Little Cedar Bayou Park. The project design includes larger facilities that can also serve future developments in the area west of the Golf Coursein South La Porte. Advertised, sealed bid proposals for Bid #12013 –Reconstruction of Lift Station 6were opened and read on March 20, 2012.Bid requests were advertised in the Houston Chronicle, posted on the City of La Porte website site, provided to six (6) plan rooms,and directly mailed out to fifteen (15)contractors. Five (5) contractors returned bids. The funding and expenditure summary provided in the following paragraph is also summarized intables on the following page. Peltier Brothers Construction submitted the lowest and best bid in the amount of $435,550. The budget estimate for this project was $450,000 including design, construction, and construction management. The approvedFY11-12budget indicatedthat $450,000wasavailablefor this project with $382,447 allocated from Fund 003 (Utility Fund) and another $67,553 from Fund 045 (a GO BondFund). However, the $67,553 fund balance projected forFund 045during the last half of FY 10_11 was not correct. The actual fund balance is $28,610. The actual total funds available from these two line items is$411,057. From this amount, $17,585.00 was encumbered for HDR Claunch & Miller to update the plans and to providebidding and construction management services. In short, staff is requesting $448,550.00 for the proposed project construction (including a $13,000.00 contingency);$393,472is remaining in the two budget line items that were provided for this project.In order to fund the balance of the project, staff proposes to use $55,078.00 of the approximate $58,000 balance that isremaining in the UTL 613 –Lift Station #37 budget line item due to a cost under-runforthis project. Funds Budgeted : 003-9890-631.11UTL 631 Lift Station # 6 $382,447 045-9890-631.11Lift Station #6 $ 28,610 available($ 67,553 budgeted) Total Budgeted: $411,057 available ($450,000 budgeted) Funds Previously Encumbered: $ 17,585 HDR Claunch & Miller–(Design/Construction Services) Funds Remaining: $393,472 Funds Requested: Base Construction Bid$435,550 Construction Cost Contingency$13,000 Total Request:$448,550 Recommendation to Fund Shortfall: $55,078 UTL 613 –Lift Station #37 (from proj.cost under-run) (Approx. $58,000 available) Project Benefits, Liabilities, and Operating Cost: Benefits: The reliability of the wastewater system will be improved, and the work proposed with this contract will reduce the possibility of sewage overflow as theresult of equipment failure that would be ahealth and environmental hazard. The proposed lift station includes additional capacity for future development in the South La Porte Area. Liabilities of Maintaining the Status Quo: Increased potential forsewer overflows resulting in negative health and environmental impact. Operating Costs: Reduced. The project will result in significantly lower potential emergency repairs and maintenance due to equipment failure New submersible pumps have a more efficient pumping capacity compared to the suction lift pumps that are in the old lift station resulting in less electricity required for gallons pumped. Action Requested of Council: Consider approval or other action to authorizethe Interim City Manager to execute a contract with Peltier Brothers Construction LTD.inthe amount of $435,550.00for the reconstruction of the Lift Station # 6with anadditional authorizationof $13,000 for contingencyfor a total of $448,550.00. Approved for City Council Agenda Steve Gillett,InterimCity ManagerDate CONTRACTORS NOTIFIED (LIFT STATION #6 BID): trumney@tc-con.com–T&C Construction 281-445-1828 willp@peltierbros.com–Peltier Bros. Construction Inc. –281-894-4949 bob@marconllc.com–Marcon Services –713-473-1800 cecilbelljr@sbcglobal.net–B-5 Construction 281-356-3264 jerrylynnbelldr@yahoo.com-B-5 Construction 281-356-3264 bmorrison@randbgroup.com–R+B Group –713-862-5800 gnninc@yahoo.com–G&N Enterprises –281-586-2014 bearercs@yahoo.com–Enviro Remediation –281-398-3595 pattyc@lemconstruction.com–Lem Construction Company, Inc -281-495-9550 bob@mcctx.com–Metro City Construction –713-943-0090 kschultz@csaconstruction.com–CSA Construction –713-686-8868 smarhofer@industrialtx.com–Industrial Texas Corp. –281-890-0152 sourcemgmt@onvia.net–Onivia, Inc. -206-373-9500 ejohnson@lft-wtr.com–Liftwater Construction –281-373-0367 jill@acpartners.com–Associated Construction partners –210-698-8714 Planrooms that were notified AGC of Texas –Houston@agctx.org Amtek –planroom@amtekusa.com HoustonAGC/isqft –houstonpr@isqft.com,azupp@isqft.com FW Dodge/McGraw Hill –toni_lawson@mcgraw-hill.com ABC Planroom/Virtual Builders –Ashley@virtualbx.com Reed Construction Data –pam.graham@reedbusiness.com REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested: April 9, 2012 Source of Funds:005, 015, 033 David Mick Requested By: Public Works________________________ Department: Account Number: Various Report: Resolution:Ordinance: Amount Budgeted:Please See Report Exhibits: Amount Requested:$999,130 Bid Tab, Cost Summary by Component, Plan Holder List, Street Overlay List, Budgeted Item:Yes, Funding Available Street Overlay Plan, Engineer Recommendation SUMMARY & RECOMMENDATION Staff included resurfacing of the Evelyn Kennedy building parking lot, North Side Park parking lot, Public Works building front parking lot, and the Little Cedar Bayou Park entrance road in with the annual street resurfacing contract to take advantage of the economy of scale savings associated with a larger project. Advertised, sealed bid proposals for La Porte FY 2012 Street Overlay were opened and read on March 15, 2012.Bid requests were advertised in the Houston Chronicle, posted on the City of La Porte website site, and directly mailed out to all area contractorsknown to possess qualification to complete the work. Five (5) contractors returned bids.The lowest three bidders in particular were relatively close together (within 4%) with their total costs bid. Angel Brothers Enterprises LTD submitted to lowest and best bid in the amount of $976,630.00 plus and Alternate Bid of $7,500.00 for added paving work on the Little Cedar Bayou Park Access Road for a total of $984,130.00. Staff recommends awarding the contract to Angel Brothers Enterprises LTD in the amount of $994,130.00 which is equal to the base bid plus alternate plus $10,000 contingency. Asphalt prices have increased approximately 25% since 2010. While there is sufficient funding available to complete the project, the proposed resurfacing contract is greater than anticipated last year when the budget estimates were prepared. Please see the changes proposed with the project funding in the summary below. Funds Requested: Base Construction Bid Including Alternate$984,130 Construction Cost Contingency $10,000 Materials Testing (By Others)$ 5,000 Total Request:$999,130 Breakdown of Funding Request by Work Component: Parks (Including $6,000 contingency)$ 69,913.75 Public Works Parking Lot (Including $4,000 contingency)$ 47,237.50 Street –Asphalt Resurfacing (Incl.$5,000 for Mat. Testing)$881,978.75 Total:$999,130 Funding Parks Portion: $69,913.75 is needed. The budget is $145,000. Budgeted funds include $100,000 in General Fund CIP 619 –Jennie Riley/Evelyn Kennedy Civic Center Parking Lot($62,413 needed)and $45,000 in General Fund CIP 621 –Dog Park (paving access road, $7,500).The Parks items are under budget. Funding Public Works Parking Lot Portion: $47,237.50 is needed. $65,000 is budgeted. Budgeted funds include $65,000 in General Fund CIP 949 –Public Works Facility Rehab. The Public Works Parking Lot is under budget. Funding Streets Resurfacing: $881,978.75 is needed. While the budget is $704,000, there are sufficient funds available for the entire amountdue to cost savings in other streets projects.The proposed funding for the streets resurfacing component is as follows: BUDGETEDNOT BUDGETED FUNDING SOURCE FOR OVERLAY BUT AVAILABLETOTAL STR 531 –Asphalt Overlay$704,000.00$704,000.00 1 $ 53,675.00$ 53,675.00 FUND 005 –Bond Fund Balance 2 $ 53,100.00$ 53,100.00 STR 531 –Conc. Pvmt Repair 3 STR 531 –Street Reconstruction $ 71,203.75$ 71,203.75 Totals:$704,000.00$177,978.75$881,978.75 Notes: [1] Bond Fund 005 for Transportation & Other Infrastructure has a residual balance remaining of $53,675.00 that can be utilized for this project. [2] A proposed contract for concrete pavement and inlet repair is included on this same April 9 council agenda. $168,300 was budgeted for this work. The funding request for this project is $115,200 leaving a balance of $53,100 that is available for this asphalt overlay contract. [3] Staff proposes to utilize $71,203.75 of the $147,000 line item for Street Reconstruction provided in the Street Maintenance Tax budget. This will not reduce the amount of street reconstruction work planned for this budget year because of open purchase orders and excess materials on hand that rolled over from last budget year along with some redundancy built into the Public Works Streets Divisions paving materials budget. Proposed Fund Allocation Summary: Fund 015 -General Fund CIP$117,151.25 Fund 033 –Street Maintenance Tax$828,303.75 Fund 005 –Bond for Transportation & Other Improvements$ 53,675.00 Total:$999,130 Project Benefits, Liabilities, and Operating Cost: Benefits: The proposed project provides timely maintenance and rehabilitation of existing public facilities that was envisioned by the city organization and residents with the street tax renewal. Liabilities of Maintaining the Status Quo: More substantial work to the roadways and parking areas included with this project would likely be required in the future if the proposed rehabilitation of these facilitieswere to be deferred for an extended periodof time. Maintenance that is not completed this budget year would need to be added to future budget years. Operating Costs: No new facilities will be addedwith this project. Action Requested of Council: Consider approval or other action authorizingthe Interim City Manager to execute a contract with Angel Brothers Enterprises, LTD. in the base bid amount of $984,130 with a contingency of $10,000 for a total contract amount of $994,130.00, plus $5,000 for materials testing (by others) for atotal authorized allocationof$999,130. Approved for City Council Agenda Steve Gillett,InterimCity ManagerDate 2012AsphaltOverlay TABLE1 No.DescriptionBeginningEndingLinearFt.AsphaltTons 1SouthYWestviewDeadEnd595186 2BaystCresentWestview435136 st 3*North1TylerBarboursCut1385476 4EastBSanJacitoSIdaho35821,120 5OrgeonstForrestGarfield304149 th 6South4FairmontDeadEnd900310 7EastABlackwellSanJacito38001,307 rd N23SpencerHwyNorthC1305530 8 9NorthCSensRd.DeadEnd1638614 10SouthUtahEMainEastE32701,073 11SCircleBayshoreBayshore800250 12NCircleBayshorePark550181 13EastGSanJacitoOhio1895621 14SOhioEMainDeadEnd1210378 15SOhioParkEastE970304 16ForrestSBroadwayOregon590369 17ForrestOreganBayshore865271 18EastFUtahOhio1180369 19NIowaEMainPolk410115 20ParkwayBayshorePark675190 21EPolkNIowaVirginia30094 22LeeNCircleBayshore475156 23SBrownellParkDeadEnd525181 24SBrownellEMainPark2220694 25*NCarrollEMainNMadison350110 26SHolmesParkRosco765240 27*EMadisonNBrownellNCorrell905255 28CrescentOakhurstBayStreet22250 29CrescentOakhurstDeadEnd420124 30ReynoldsCrescentDeadEnd33098 31550**PUBLICWORKSOFFICEPARKINGLOT1 32535**EVELYNKENNEDYPARKINGLOT2 33**NORTHSIDEPARKPARKINGLOT3240 3480**LITTLECEDARBAYOUPARKACCESSROAD **LITTLECEDARBAYOUPARKENTRANCE 35100ROAD AsphaltTonnageSubtotal12,456 BaseRepair(10%)1,240 AsphaltTotalTonnage13,696 Note:*StreetNameindicatesthisstreetshallbeoverlayedlast ifenoughunitquantitiesremainonthecontract. **DescriptionAerialMapinAppendixB TS DR3 S TS HT6 N HT31 N TS HT41 STS HT41 S TS HT61 S TS HT61 N DR SNES REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested:April 9, 2012 Source of Funds: Vehicle Replacement Requested By:Donald Ladd Account Number:00950515228050 Department:Fire Report: XResolution:Ordinance: Amount Budgeted: Exhibits:Memorandum of Agreement Amount Requested: Exhibits: Budgeted Item:YES Exhibits SUMMARY & RECOMMENDATION The Fire Departmenthas negotiated pricing for upcoming five (5) fire department truck purchases. These fire trucks, with the exception of one, areto be replaced in the upcoming years in accordance withthe vehicle replacement policy of 20 year replacement. The remaining truck is in need of replacement due to substandardperformance. Negotiating multi-truck purchases has two main benefits. The first is pricing.The average price increase per year is between 3 and 5 percent. Negotiating with Sutphen for multi-truck purchases will save the City approximately $130,000.00 over the five year period. The second benefit is standardization. Standardizing fire trucks is a safety and performance benefit. Standardized trucks allow the Department to place emergency equipment in approximately identicallocations on every truck. Buy Board Price: Truck 1October 2012$414,323.00* Truck 2October 2013$418,462.86(1%) Truck 3October 2014$424,730.20(1 ½%) Truck 4October 2015$431,091.55(1 ½%) Truck 5October 2017$444,101.84(1 ½%) th *Truck approved for order at the March 12council meeting Action Required by Council: Consider approval or other action authorizingthe interim City Manager to sign a Memorandum of Agreementwith Sutphen Corporation for the purchase of additional fire trucks. Approved for City Council Agenda Steve Gillet,Imterum CityManagerDate Memorandum of Agreement between the City of La Porte, TX and Sutphen Corporation 1. Intent: The City of La Porte, Texas desires to standardize its fleet of pumper trucks. Standardization provides a number of benefits, such as uniformity of parts, streamlined maintenance and parts replacement, and trucks can be more easily utilized by fire personnel from each station because equipment and materials can be stored in identical layouts among numerous trucks. Additionally, standardization can provide an opportunityfor the City to realize substantial cost savings. The Fleet Maintenance Replacement schedule identifies five pumpers that will be due for replacement in the next five years (2013 -2017). The Fire Department conducted an evaluation of the various manufacturers of pumper trucks and determined that Heavy Duty Sutphen “Shield 2” pumpers provided the best truck for the department’s needs. The City recently placed an order for one of these pumpers based on the Austin Buy Board Purchasing Cooperative, for an anticipated delivery in November 2012. 2.Standardization Implementation: The City accepts the proposal from Sutphen Corporation (attached hereto as “Exhibit A” and incorporated by reference for all purposes), which references the procurement of one (1) or more Heavy Duty Sutphen “Shield S-2” pumper trucks and would like to take advantage of the offer to have the option to purchase up to five (5) pumper trucks based of the time frame and pricing structure included in the Sutphen proposal. The Sutphen proposal details the specifications and pricing per the 2011-2012 Austin BuyBoard Contract #323-09 and the requested amendment to the proposal, which included a minor change to 10/4 cable and the addition of an Akron junction box totaling $640. 3.Appropriation by the City Council: It is mutually understood that unforeseen circumstances could interrupt the equipment replacement schedule as it exists today. Both parties recognize and accept that all purchases must be approved by the La Porte City Council on a yearly basis and that the Council, in its sole discretion, has the right to delay and/or eliminate funding in a given fiscal year for equipment included in the Fleet Replacement Schedule. The City shall not be obligated to purchase any equipment in the event that funding for equipment is not made available for any reason. 4.Change in Pricing: It is mutually understood that the pricing structure, as presented in the attachments, shall represent the maximum price that would be charged for each piece of equipment under this Memorandum of Understanding. Should more advantageous pricing be available for identical equipment, the City shall have the right to purchase equipment from Sutphen at the lower price. Additionally, it is also understood that there may be mandated changes, like an EPA or NFPA requirement(s), that may result in additional expense to the final cost. Both parties will mutually agree on the amount of such increase(s). If an agreement can’t be reached within a reasonable time on the amount of any proposed increases, the City shall have the right to cancel the purchase and terminate this agreement. 5.Appropriation Updates: The City of La Porte agrees to give Sutphen Corporation an annual update on or about October 1 of each year during the term of this agreement when acquisition of another pumper is intended to allow Sutphen time to properly project the purchases of the numerous expensive components like the Cummins motor, Hale fire pump etc. as outlined in the accepted Sutphen proposal. 6.Term: This agreement shall become effective when approved by the La Porte City Council and shall expire after City has elected to purchase a fifth Heavy Duty Sutphen “Shield 2” pumper, pursuant to this agreement, if not sooner terminated under Section 7 of this agreement. 7.Termination: Either party has the right to terminate this Memorandum of Agreement at any time without obligation for future purchases by giving ninety (90) days written notice to the other party. For City of La Porte, TX:For Sutphen Corporation: Steve Gillett, Interim City Manager Sutphen Corp./Title Date Date EXHIBIT A: SUTPHEN PROPOSAL PUMPER PROPOSAL CRIMSONSUTPHENDIFFERENCE Truck 1429,897.00Truck 1413,683.0016,214.00 Truck 2438,494.94Truck 2417,822.8620,672.08 Truck 3447,264.83Truck 3424,090.2023,174.63 Truck 4456,210.12Truck 4430,451.5525,758.57 Truck 5469,896.00Truck 5443,461.8426,434.16 SUTPEHN PROPOSAL SUTPHEN SUTPHENPROPOSAL SAVINGS PROPOSALWITH 4 % Truck 1413,683.00Truck 1413,683.000 Truck 2417,822.86Truck 2430,230.3212,407.46 Truck 3424,090.20Truck 3447,439.5423,349.34 Truck 4430,451.55Truck 4465,337.1134,885.56 Truck 5443,461.84Truck 5502,564.0059,102.16 REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested:April 9, 2012 Source of Funds: GEN 623 Fund 15 Requested By:Reagan McPhail Account Number:015-9892-623-1100 Department:Planning Amount Budgeted: $985,000.00 Report: XResolution:Ordinance: Amount Requested:$68,000 Exhibits:Design Contract Budgeted Item:YES Exhibits: Exhibits SUMMARY & RECOMMENDATION Staff reviewed and rated proposals fromthirteenarchitectural firms. Staff entered into negotiations with the firm having the highest rating, Jackson Ryan Architects. Staff has reached an informal agreement with Jackson andRyanArchitects for thedesign City of La Porte Animal Shelter and Adoption Center at a cost of $60,000.Jackson Ryan Architects’proposalencompasses architectural, mechanical, electrical, plumbing and structural designfor a lump sum fee of 7.5% ($60,000) based on an estimated construction cost of $800,000. Thedesign phase reimbursable expenses are expected to be approximately$8,000.00. This will bring the total request amount to $68,000. Action Required by Council: Consider approval or other action authorizingthe City Manager to execute an agreement with Jackson Ryan Architects for design of the proposed City of La Porte Animal Shelter and Adoption Center for in theamount of $60,000 and establish a reimbursable account in the amount of $8,000. Approved for City Council Agenda Steve Gillett, InterimCityManagerDate AGREEMENT BETWEEN OWNER AND ARCHITECT FOR PROFESSIONAL SERVICES City of LaPorte Animal Shelter and Adoption Center April 11,2012 TABLE OF CONTENTS Page(s) TABLE OF CONTENTSi IDENTIFICATION OF THE PARTIES/PROJECT DESCRIPTIONii through8 SECTION 1 BASIC SERVICES OF ARCHITECT 1-1 through 1-8 1.1General 1.2Schematic Design Phase 1.3Design Development Phase 1.4Construction Documents Phase 1.5Bidding or Negotiation Phase 1.6Construction Phase 1.7Operational Phase SECTION 2 ADDITIONAL SERVICES OF ARCHITECT2-1 through 2- Error! 2.1Services Requiring Authorization in Advance Bookmark not 2.2Required Additional Services defined. SECTION 3 OWNER'S RESPONSIBILITIES3-1 through 3-3 SECTION 4 PERIODS OF SERVICE4-1 through 4-2 SECTION 5 PAYMENT TO ARCHITECT5-1 through 5-3 SECTION 6 CONSTRUCTION COST AND OPINIONS OF COST6-1 through 6-2 6.1Construction Cost 6.2Opinions of Cost SECTION 7 GENERAL CONSIDERATIONS7-1 through 7-2 7.1Termination 7.2Reuse of Documents 7.3 Insurance 7.4Controlling Law 7.5Successors and Assigns 7.6Arbitration SECTION 8 SPECIAL PROVISIONS, EXHIBITS AND SCHEDULES8-1 Exhibit A FURTHER DESCRIPTION OF ARCHITECT BASICA-1 through A-3 SERVICES AND RELATED MATTERS Exhibit BDUTIES, RESPONSIBILITIES AND LIMITATIONS OFB-1 through B-5 AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE Exhibit CPROJECT COMMUNICATIONC-1 Exhibit D INSURANCED-1 i AGREEMENT BETWEEN OWNER AND ARCHITECT FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT made as of April 11,2012between the City of La Porte, Texas (OWNER) and Jackson & Ryan Architects(ARCHITECT). OWNER intends to:Construct a new Animal Shelter and Adoption Centerfor the City of LaPorte, Texas. (hereinafter called the PROJECT). The OWNER and ARCHITECT agree as set forth below. ii SECTION 1 -BASIC SERVICES OF ARCHITECT 1.1 General 1.1.1ARCHITECT shall provide for OWNER professional architectural services in all phases of the Project to which this Agreement applies as hereinafter provided. These services will include serving as OWNER's professional representative for the Project, providing professional consultation and advice and furnishing customary civil, structural, mechanical, and electrical engineering services incidental thereto. 1.1.2The ARCHITECT's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the work. The ARCHITECT shall submit for the OWNER's approval a schedule for the performance of the ARCHITECT's services, which shall include allowances for periods of time required for the OWNER's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the OWNER shall not, except for reasonable cause, be exceeded by the ARCHITECT. 1.1.3The ARCHITECT's services consist of those services performed by the ARCHITECT, ARCHITECT's employees and ARCHITECT's consultants employed as hereinafter provided. 1.2Schematic Design Phase After written authorization to proceed with the Schematic Design Phase, the ARCHITECT shall: 1.2.1Consult with the OWNER to clarify and redefine OWNER'S requirements for the Project and review available data and shall arrive at a mutual understanding of any amendedrequirements with the OWNER. 1.2.2The ARCHITECT shall provide a preliminary evaluation of the OWNER'S program, schedule and construction budget requirements, each in terms of the other, subject to the limitations set forth. 1.2.3Based on the mutually agreed-upon program, schedule and construction budget requirements, the ARCHITECT shall prepare, for the OWNER, revised Schematic Design Drawings and other related documents. The Schematic Design Documents will include the ARCHITECT'S opinion of probable costs for the project, including the following, which will be separately itemized: -Construction Cost(s): -materials and equipment costs, -materials testing and equipment costs, -allowances for laboratory testing, -appropriate contingencies, -and special instructions, 1-1 The total of all such costs, allowances, etc. are hereinafter called "Total Project Costs". The duties and responsibilities of ARCHITECT during the Schematic Design Phase are amended and supplemented as indicated in paragraph 2 of Exhibit A "Further Descriptions of Basic Services and Related Matters". 1.3Design Development Phase After written authorization to proceed with the Design Development Phase, ARCHITECT shall: 1.3.1In consultation with OWNER and based on the approved Schematic Design documents and any adjustments authorized (in writing) by the OWNER in the program schedule or construction budget, the ARCHITECT shall determine the general scope, extent and character of the Project. 1.3.2The ARCHITECT shall prepare Design Development documents consisting of final design criteria, preliminary drawings, outline specifications and written descriptions of the Project. 1.3.3Advise OWNER if additional data or services of the type described in paragraph 3.4 are necessary and assistOWNER in obtaining such data and services. 1.3.4Based on the information contained in the Design Development documents, submit a revised opinion of probable Total Project Costs (as defined in paragraph 1.2.4). 1.3.5Furnish twocopies of the above Design Development documents and present and review them in person with OWNER. The duties and responsibilities of ARCHITECT during the Design Development Phase are amended and supplemented as indicated in paragraph 3 of Exhibit A "Further Description of Basic Services and Related Matters". 1.4Construction Documents Phase After written authorization to proceed with the Final Construction Documents Phase, ARCHITECT shall: 1.4.1Based on the approved Design Development Documents and any further adjustments in the scope or quality of the PROJECT, in the construction budget or in the total PROJECT budget authorized in writing by the OWNER, the ARCHITECT shall prepare, for approval by the OWNER, Construction Documents consisting of Drawings (hereinafter called Drawings) and Specifications setting forth in detail the requirements for the construction of the PROJECT by Contractor(s). 1-2 1.4.2See that the Construction Documents include applicable requirements/approvals of governmental authorities having jurisdiction to approve the design of the projectincluding the Texas Energy Code and Texas Department of Licensing and Regulation. Provide technical criteria, written descriptions and design data for OWNER's use in filing applications for permits with or obtaining approvals of such governmental authorities as have jurisdiction to approve the design of the Project, and assist OWNER in completing permit application and in consultation with appropriate authorities. 1.4.3Advise OWNER of any adjustments to the latest opinion of probable Total Project Costs (as defined in paragraph 1.2.4) caused by changes in general scope, extent or character or design requirements of the Project or Construction Costs. Furnish to OWNER a revised opinion of probable Total Project Costs based on the Drawings and Specifications. 1.4.4Prepare for review and approval by OWNER, its legal counsel and other advisors contract agreement forms, general conditions and supplementary conditions, and bid forms, invitations to bid and instructions to bidders and other related documents. The ARCHITECT will initially submit to OWNER the Contractor Agreement (in the form of AIA document A101) and the General Conditions of the Contract (in the form of AIA document A201) for OWNER'S review, comment,modification, and approval. 1.4.5Furnish twocopies of the above documents (following approval) and of the Drawings and Specifications and present and review them in person with OWNER. The duties and responsibilities of ARCHITECT during the Construction Documents Phase are supplemented as indicated in paragraph 4 of Exhibit A "Further Description of Basic Services and Related Matters". 1.5Bidding or Negotiation Phase After written authorization to proceed with the Bidding or negotiation Phase, ARCHITECT shall: 1.5.1Following the OWNER's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost the ARCHITECT shall assist OWNER in advertising for and obtaining bids or negotiating proposals for the prime contract for construction, materials, equipment and services; and, where applicable, maintain a record of prospective bidders to whom Bidding Documents have been issued, attend pre-bid conferences and receive and process deposits for Bidding Documents. 1.5.2Issue addenda as appropriate to interpret, clarify or expand the Bidding Documents. 1.5.3Consult with and advise OWNER as to the acceptability of subcontractors, suppliers and other persons and organizations proposed by the prime contractor (herein called "Contractor") for those portions of the work as to which such acceptability is required by the Bidding Documents. 1-3 1.5.4Consult with OWNER concerning and determine the acceptability of substitute materials and equipment proposed by Contractor when substitution prior to the award of contracts is allowed by the Bidding Documents. 1.5.5Attend the bid opening, prepare bid tabulation sheets and assist OWNER in evaluating bids or proposals and in assembling and awarding the contract(s) for construction, materials, equipment and services. The duties and responsibilities of ARCHITECT during the Bidding or Negotiation Phase are amended and supplemented as indicated in paragraph 5 of Exhibit A "Further Description of Basic Services and Related Matters". 1.6Construction Phase After written authorization to proceed with the Construction Phase, ARCHITECT shall: 1.6.1General Administration of Construction Contract ARCHITECT shall consult with and advise OWNER and act as OWNER's representative as provided in the Standard General Conditions of the Construction Contract (as approved by OWNER per paragraph 1.4.4). The extent and limitations of the duties, responsibilities and authority of ARCHITECT as assigned in said Standard General Conditions shall not be modified, except to the extent provided in paragraph 6 of Exhibit A "Further Description of Basic Services and Related Matters" and except as the ARCHITECT may otherwise agree in writing. All of OWNER's instructions to Contractor(s) will be issued through ARCHITECT who will have authority to act on behalf of OWNER to the extent provided in said Standard General Conditions except as otherwise provided in writing. 1.6.2Visits to Site and Observation of Construction. In connection with observation ofthe work of Contractor(s) while it is in progress: 1.6.2.1ARCHITECT shall make visits to the site at intervals appropriate to the various stages of construction as ARCHITECT deems necessary in order to observe as an experienced and qualified design professional the progress and quality of the various aspects of Contractor(s)' work. In addition, the OWNER may provide the services of a Resident Project Representative (and assistants as agreed) at the site to assist ARCHITECT and to provide more continuous observation of such work. Based on information obtained during such visits and on such observations, ARCHITECT shall endeavor to determine in general if such work is proceeding in accordance with the Contract Documents and ARCHITECT shall keep OWNER informed of the progress of the work. 1-4 1.6.2.2The Resident Project Representative (and assistants) may be the OWNER's agent or employee and under OWNERS supervision. The duties and responsibilities of the Resident Project Representative (and assistants) are setforth in Exhibit B "Duties, Responsibilities and Limitation of Authority of Resident Project Representative". Any exceptions or modifications to these responsibilities and limitations will be mutually agreed upon by both parties in writing. 1.6.2.3The purpose of ARCHITECT's visits to and representation by the Resident Project Representative (and assistant, if any) at the site will be to enable ARCHITECT to better carry out the duties and responsibilities assigned to and undertaken by ARCHITECT during theConstruction Phase, and, in addition, by exercise of ARCHITECT's efforts as an experienced and qualified design professional, to provide for OWNER a greater degree of confidence that the completed work of Contractor(s) will conform generally to the Contract Documents and that the integrity of the design concept as reflected in the Contract Documents has been implemented and preserved by Contractor(s). On the other hand, ARCHITECT shall not, during such visits or as a result of such observations of Contractor(s)' work in progress, supervise, direct or have control over Contractor(s)' work nor shall ARCHITECT have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by Contractor(s), for safety precautions and programs incident to the work of Contractor(s), for safety precautions and programs incident to the work of Contractor(s) or for any failure of Contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor(s) furnishing and performing their work. 1.6.4Interpretations and Clarifications ARCHITECT shall issue necessary interpretations and clarifications of the Contract Documents and in connection therewith prepare work directive changes; and after consultation with owner, prepare change orders as required for owners review and approval. 1.6.5Shop Drawings ARCHITECT shall review and approve (or take other appropriate action in respect of) Shop Drawings (as that term is defined in the General Conditions), product data, sample(s) and other data which Contractor(s) are required to submit, but only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents. Such reviews and approvals or other action shall not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions and programs incident thereto. 1.6.6Substitutes ARCHITECT shall evaluate and determine the acceptability of substitute materials and equipment proposed by Contractor(s), but subject to the provision of paragraph 2.2.2. (Required Additional Services) All substitutes shall be approved by OWNER. 1-5 1.6.7Inspections and Tests ARCHITECT shall advise OWNER and OWNER shallapprove of any special inspection or testing of the work, and ARCHITECT shall receive and review all certificates of inspections, testings and approvals required by laws, rules, regulations, ordinances, codes, orders or the Contract Documents (but only todetermine generally that their content complies with the requirements of, and the results certified indicate compliance with the Contract Documents.) 1.6.8Disputes between OWNER and Contractor ARCHITECT shall act as initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the work thereunder and make decisions on all claims of OWNER and Contractor(s) relating to the acceptability of the work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the work. ARCHITECT shall not be liable for the results of any such interpretations or decisions rendered in good faith. 1.6.9Applications for Payment Based on ARCHITECT's on-site observations as an experienced and qualified design professional, on information provided by the Resident Project Representative and on review of applications for payment and the accompanying data and schedules: 1.6.9.1ARCHITECT shall determine the amounts owing to Contractor(s) and recommend in writing payments to Contractor(s) in such amounts. Such recommendations of payment will constitute a representation to OWNER, based on such observations and review, that the work has progressed to the point indicated, and that, to the best of ARCHITECT's knowledge, information and belief, the quality of such work is generally in accordance with the Contract Documents (subject to an evaluation of such work as a functioning whole prior to or upon Substantial Completion, to the results of anysubsequent tests called for in the Contract Documents and to any other qualifications stated in the recommendation). In the case of unit price work, ARCHITECT's recommendations of payment will include final determinations of quantities and classifications of such work (subject to any subsequent adjustments allowed by the Contract Documents). 1.6.9.2By recommending any payment ARCHITECT will not thereby be deemed to have represented that exhaustive, continuous or detailed reviews or examinations have been made by ARCHITECT to check the quality or quantity of Contractor(s)' work as it is furnished and performed beyond the responsibilities specifically assigned to ARCHITECT in this Agreement and the Contract Documents. ARCHITECT's review of Contractor(s)' work for the purposes of recommending payments will not impose on ARCHITECT responsibility to supervise, direct or control such work or for the means, method techniques, sequences, or procedures of construction or safety precautions or programs incident thereto or Contractor(s) compliance with laws, rules, regulations, ordinances, codes or orders applicable to their furnishing and performing the work. It will also not 1-6 impose responsibility on ARCHITECT to make any examination to ascertain how or for what purposed any contractor has used the moneys paid on account of the Contract Price, or to determine that title to any of the work, materials or equipment has passed to OWNER free and clear of any lien, claims, security interests or encumbrances, or that there may not be other matters at issue between OWNER and CONTRACTOR that might affect the amount that should be paid. 1.6.10Contractor(s)' Completion Documents ARCHITECT shall receive and review maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection, tests and approvals which are to be assembled by Contractor(s) in accordance with the Contract Documents (but such review will only be to determine that their content complies with the requirements of, and in the case of certificates of inspection, test and approvals the results certified indicate compliance with, the Contract Documents); and shall bind, index and transmit them to OWNER together with written comments. 1.6.11Inspections ARCHITECT shall conduct an inspection to determine if the work is substantially complete and a final inspection to determine if the completed work is acceptable so that ARCHITECT may recommend, in writing, final payment to Contractor(s) and may give written notice to OWNER and theContractor(s) that the work is acceptable (subject to any conditions therein expressed), but any such recommendation and notice will be subject to the limitations expressed in paragraph 1.6.9.2. 1.6.12Limitation of Responsibilities ARCHITECT shall not be responsible for the acts or omissions of any Contractor, or of any subcontractor or supplier, or any of the Contractor(s) or subcontractor's or supplier's agents or employees or any other persons (except ARCHITECT's own employees and agents) at the site or otherwise furnishing or performing any of the Contractor(s)' work; however, nothing contained in paragraphs 1.6.1 through 1.6.11 inclusive, shall be construed to release ARCHITECT from liability for failure to properly perform duties and responsibilities assumed by ARCHITECT in the Contract Documents. The duties and responsibilities of the ARCHITECT during the Construction Phase are amended and supplemented as indicated in Paragraph 6, Exhibit A "Further Description of Basic Services and Related Matters". 1.7Operational Phase During the Operational Phase, ARCHITECT shall: 1.7.1Furnish the deliverable items referred to in Section 1.6.10 and in the Operational Phase and present and review them in person with OWNER. 1-7 1.7.2Define in Contract Documents the Contractor(s) (and or Vendor(s)) responsibility in connection with the start up, refining, and adjustment of any equipment or system. 1.7.3Define in Contract Documents the Contractor(s) (and or Vendor(s)) responsibility for training ownersstaff to operate and maintain any equipment or system and for reviewing pertinent manuals, submittals, shop drawings, and warranties supplied by the Contractor(s), Vendor(s), or Manufacturer(s) as the case may be. 1.7.4Coordinate, attend and participate in the start up and training orientations as described in paragraphs 1.7.2 and 1.7.3. 1.7.5Record Drawings. ARCHITECT shall furnish the OWNER a set of marked up printsand a scanned set on DVD,drawings and other data kept by the Contractor(s), andProject Representative (if employed by the ARCHITECT) in a form and manner that clearly depicts significant changes made during the construction process. 1.7.6At a time eleven (11) months following Substantial Completion of the project (one month prior to expiration of the Contractor's warranty period), the ARCHITECT, in the company of the OWNER, will visit the project to observe any apparent deficiencies in the completed construction, and document any items observed in a written report issued to the CONTRACTOR and OWNER. 1.7.7During the Operational Phase, the ARCHITECT will assist the OWNER in consultations and discussions with CONTRACTOR concerning the correction of deficiencies brought to the ARCHITECT's attention, and when appropriate, review or make written recommendations regarding replacement or correction of the Work as proposed by the Contractor. 1-8 SECTION 2 -ADDITIONAL SERVICES OF ARCHITECT 2.1Services Requiring Authorization in Advance If authorized in writing by OWNER, ARCHITECT shall furnish or obtain from others Additional Services of the types listed in paragraphs 2.1.1 through 2.1.14, inclusive. These services are not included as part of Basic Services except to the extent provided otherwise in Exhibit A "Further Description ofBasic Services and Related Matters"; these will be paid for by OWNER as indicated in Section 5. 2.1.1Preparation of applications and supporting documents (in addition to those furnished under Basic Services) for private or governmental grants, loans or advances in connection with the Project; preparation or review of environmental assessments and impact statements; review and evaluation of the effect on the design requirements of the Project of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the Project. 2.1.2Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by OWNER. 2.1.3Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER's schedule, character of construction or method of financing; and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to thepreparation of such studies, reports or documents, or are due to any other causes beyond ARCHITECT's control. 2.1.4Providing renderings or models for OWNER's use. 2.1.5Preparing documents for alternate bids requested by OWNER for Contractor(s)' work which is not executed or documents for out-of-sequence work. 2.1.6Investigations and studies involving, but not limited to, detailed consideration of operations, maintenance and overhead expenses; providing value engineering during the course of design; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; assistance in obtaining financing for the Project; evaluation processes available for licensing and assisting OWNERin obtaining process licensing; detailed quantity surveys of material, equipment and labor; and audits or inventories required in connection with construction performed by OWNER. 2.1.7Furnishing services of independent professional associates and consultants for other than Basic Services(which include, but are not limited to, customary civil, structural, mechanical and electrical engineering and customary architectural design incidental thereto); and providing data or services of the types described in paragraph 3.4 when 2-1 OWNER employs ARCHITECT to provide such data or services in lieu of furnishing the same in accordance with paragraph 3.4. 2.1.8If ARCHITECT's compensation is on the basis of a lump sum or percentage of Construction Cost or cost-plus a fixed fee method of payment, services resulting from the award of more separate prime contracts for construction, materials, equipment or services for the Project shall be compensated in accordance with paragraph 5.1.2. 2.1.9Services during out-of-town travel required of ARCHITECT other than visits to the site or OWNER's office as required by Section 1. 2.1.10Assistance in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or services, except when such assistance is required to complete services called for in paragraph 6.2.2.5. 2.1.11Providing any type of property surveys or related professional services needed for the transfer of interests in real property and field surveys for design purposed and any necessary surveys and stakingto enable Contractor(s) to proceed with their work; and providing other special field surveys. 2.1.12Preparation of operating, maintenance and staffing manuals to supplement Basic Services under paragraph 1.7.3. 2.1.13Preparation of a set of reproducible record prints of drawings showing those significant changes made during the construction process, based on the marked up prints, drawings and other data furnished by Contractor(s) and Resident Project Representative to ARCHITECT. Prior to preparation of record drawings, the ARCHITECT and OWNER will mutually agree on which changes are considered significant. 2.1.14Preparing to serve or serving as a consultant or witness for OWNER in any litigation, arbitration or other legal or administrative proceeding involving the Project (except for assistance in consultations which is included as part of Basic Services under paragraphs 1.2.3 and 1.4.2). 2.1.15Additional services required in connection with the Project, including services required which were not furnished by OWNER in accordance with Section 3, and services not otherwise provided for in this Agreement. 2.1.16 Assistance in connection with the approval process for acquisition of a Special Use Permit through Zoning Commission. 2.1.17 Assistance inconnection with the approval process for FAA compliance through TxDOT. 2.2Required Additional Services 2-2 When required by the Contract Documents in circumstances beyond ARCHITECT's control, ARCHITECT shall furnish or obtain from others, as circumstances require during construction Additional Services of the types listed in paragraphs 2.2.1 through 2.2.6, inclusive (except to the extent otherwise provided in Exhibit A "Further Description of Basic Services and Related Matters"). These services are not included as part of Basic Services. ARCHITECT shall advise OWNER promptly of need for required additional services. If the OWNER is in agreement, OWNER shall provide authorization to ARCHITECT for such Additional Services, which will be paid for by OWNERas indicated in Section 5. 2.2.1Services in connection with work directive changes and change orders to reflect changes requested by OWNER if the resulting change in compensation for Basic Services is not commensurate with the addition services rendered. 2.2.2Services in making revisions to Drawings and Specifications occasioned by the OWNER's acceptance of substitutions proposed by Contractor(s); and services after the award of each contract in evaluation and determining the acceptability of an unreasonable or excessive number of substitutions proposed by Contractor. 2.2.3Services resulting from significant delays, changes or price increases occurring as a direct or indirect result of material, equipment or energy shortages. 2.2.4Additional or extended services during construction made necessary by (1) work damaged by fire or other cause during construction, (2) a significant amount of defective or neglected work of any Contractor, (3) acceleration of the progress schedule involving services beyond normal working hours, and (4) default by any Contractor. 2.2.5Services (other than Basic Services during the Operation Phase) in connection with any partial utilization of any part of the Project by OWNER prior to Substantial Completion. 2-3 SECTION 3 -OWNER'S RESPONSIBILITIES OWNER shall do the following in a timely a manner so as not to delay the services of ARCHITECT: 3.1Designate in writing a person to act as OWNER's representative with respect to the services to be rendered under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect of ARCHITECT's services for the Project. 3.2Provide all criteria and full information as to OWNER’s requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards whichOWNER will require to be included in the Drawings and Specifications. 3.3Assist ARCHITECT by placing at ARCHITECT’s disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. 3.4Furnish to ARCHITECT, as required for performance of ARCHITECT's Basic Services (except to the extent provided otherwise in Exhibit A "Further Description of Basic Services and Related Matters"), the following: 3.4.1Data prepared by or services of others, including without limitation borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspections of samples, materials and equipment; 3.4.2appropriate professional interpretations of all of the foregoing; 3.4.3environmental assessment and impact statements; 3.4.4property, boundary, easement, and right-of-way, topographic, and utility surveys and related office computations and drafting; 3.4.5property descriptions; 3.4.6zoning, deed andother land use restriction including a Special Use Permit and FAA approval; and 3.4.7other special data or consultation not covered in Section 2; all of which ARCHITECT may use and rely upon in performing services under this Agreement. 3.5Provide engineering surveys to establish reference points for construction (except to the extent provided otherwise in Exhibit A "Further Description of Basic Services and Related Matters") to enable Contractor(s) to proceed with the layout of the work. 3-1 3.6Arrangefor access to and make all provisions for ARCHITECT to enter upon public and private property as required for ARCHITECT to perform services under this Agreement. 3.7Examine all studies, reports, sketches, Drawings, Specifications, proposals and other documents presented by ARCHITECT, obtain advice of an attorney, insurance counselor and other consultants as OWNER deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ARCHITECT. 3.8Furnish approvals and permits from all governmental authorities having jurisdiction over the project and such approvals and consents from others as may be necessary for completion of the Project. ARCHITECT will assist the OWNER inthe preparation of said permits. 3.9Provide such accounting, independent cost estimating and insurance counseling services as may be required for the Project, such legal services as OWNER may require or ARCHITECT may reasonably request with regard to legal issues pertaining to the Project including any that may be raised by Contractor(s), such auditing service as OWNER may require to ascertain how or for what purpose any Contractor has used the moneys paid under the construction contract, and such inspection services as OWNER may require to ascertain that Contractor(s) are complying with any law, rule, regulation, ordinance, code or order applicable to their furnishings and performing the work. 3.10If OWNER designates a person to represent OWNER as the site who is not ARCHITECT or ARCHITECT's agent or employee, the duties, responsibilities and limitations of authority of such other person and the effect thereof on the duties and responsibilities of ARCHITECT and the Resident Project Representative (andany assistants) will be set forth in an exhibit that is to be identified, attached to and made a part of this Agreement before such services begin. 3.11If more than one prime contract is to be awarded for construction, materials, equipment and servicesfor the entire Project, designate a person or organization to have authority and responsibility for coordinating the activities among the various prime contractors. 3.12Furnish to ARCHITECT data or estimated figures as to OWNER's anticipated costs for services to be provided by others for OWNER (such as services pursuant to paragraphs 3.7 through 3.11, inclusive and other costs of the types referred to in paragraph 1.2.6) so that ARCHITECT may make the necessary findings to support opinions of probable Total Project Costs. 3.13Attend the pre-bid conference, bid opening, preconstruction conferences, construction progress and other job related meetings and substantial completion inspections and final payment inspections. 3-2 3.14Give prompt written notice to ARCHITECT whenever OWNER observes or otherwise becomes aware of any development that affects the scope or timing of ARCHITECT's services, or any defect or nonconformance in the work of any Contractor. 3.15Furnish, or direct ARCHITECT to provide, Additional Services as stipulated in paragraph 2.1 of this Agreement or other services as required. 3.16During the Operational Phase, the OWNER will document all warranty items brought to the Contractor's attention in writing to the ARCHITECT. 3.17Bearall costs incident to compliance with the requirements of this Section 3. 3-3 SECTION 4 -PERIODS OF SERVICE 4.1The provisions of this Section 4 and the various rates of compensation for ARCHITECT's services provided for elsewhere in this Agreement have been agreed to in anticipation of the orderly and continuous progress of the Project through completion of the Construction Phase. ARCHITECT's obligation to render services hereunder will extend for a period which may reasonably be required for the design, award of contracts, construction and initial operation of the Project including extra work and required extensions thereto. If in Exhibit A "Further Description of Basic Services and Related Matters" specific periods of time for rendering services areset forth or specific dates by which services are to be completed are provided and if such dates are exceeded through no fault of ARCHITECT, all rates, measures and amounts of compensation provided herein shall be subject to equitable adjustment. 4.2The services called for in the Schematic Design Phase will be completed and the Schematic Design submitted within the stipulated period indicated in paragraph 2 of Exhibit A "Further Description of Basic Services and Related Matters" after written authorization to proceed with that phase of services which will be given by OWNER within thirty days after ARCHITECT has signed this Agreement. 4.3After acceptance by OWNER of the Schematic Design Phase documents indicating any specific modifications or changes in the general scope, extent or character of the Project desired by OWNER, and upon written authorization from OWNER, ARCHITECT shall proceed with the performance of the services called for in the Design Development Phase, and shall submit preliminary design documents and a revised opinion of probable Total Project Costs within the stipulated period indicated in paragraph 3 of Exhibit A "Further Description of Basic Services and Related Matters". 4.4After acceptance by OWNER of the Design Development Phase documents, indicating any specific modifications or changes in the general scope, extent or character of the Project desired by OWNER, and upon written authorization from OWNER, ARCHITECT shall proceed with the performance of the services called for in the Construction Documents Phase; and shall deliver Contract Documents and a revised opinion of probable Total Project Costs for all work of Contractor(s) on the Project within the stipulated period indicated in paragraph 4 of Exhibit A "Further Descriptionof Basic Services and Related Matters". 4.5ARCHITECT's services under the Schematic Design Phase, Design Development and Construction Documents shall each be considered complete at the earlier of (1) the date when the submissions for that phase have been accepted by OWNER or (2) thirty days after the date when such submissions are delivered to OWNER for final acceptance, plus in each case such additional time as may be required for obtaining approval of governmental authorities having jurisdiction to approve the design of the Project. 4.6After acceptance by OWNER of the ARCHITECT's Drawings, Specifications and Construction Documents Phase documentation including the most recent opinion of 4-1 probable Total Project Cost and upon written authorization to proceed, ARCHITECT shall proceed with performance of the services called for in the Bidding or Negotiating Phase. This Phase shall terminate and the services to be rendered thereunder shall be considered complete upon commencement of the Construction Phaseor upon cessation of negotiations with prospective Contractor(s) except as may otherwise be required to complete their services called for in paragraph 6.2.2.5). 4.7The Construction Phase will commence with the execution of the prime contract to be executed for the work of the Project or any part thereof, and will terminate sixty (60) days after a) the actual date of Substantial Completion. Construction Phase services may be rendered at different times in respect of separate prime contracts if the Project involves more than one prime contract. 4.8The Operational Phase will commence during the Construction Phase and will terminate one year after the date of Substantial Completion of the prime contract for construction, materials and equipment on which substantial completion is achieved. 4.9If OWNER has requested significant modifications or changes in the general scope, extent or character of the Project, the time of performance of ARCHITECT's services shall be adjusted equitably. 4.10If OWNER fails to give prompt written authorization to proceed with any phase of services after completion of the immediately preceding phase, or if the Construction Phase has not commenced within 180 calendar days (plus such additional time as may be required to complete the services called for under paragraph 6.2.2.5) after completion of the Final Design Phase, ARCHITECT may, after giving seven days written notice to OWNER, suspend services under this Agreement. 4.11If ARCHITECT's services for design or during construction of the Project are delayed or suspended in whole or in part by OWNER for more than three months for reasons beyond ARCHITECT's control, ARCHITECT shall on written demand to OWNER (but without termination of this Agreement) be paid as provided in paragraph 4.1.1. If such delay or suspension extends for more than one year for reasons beyond ARCHITECT's control, or if ARCHITECT for any reason is required to render Construction Phase services in respect of any prime contract for construction, materials or equipment more than 60 days after Substantial Completion is achieved under that contract, the various rates of compensation provided for elsewhere in this Agreement may be subject to equitable adjustment. 4.12In the event that the work designed orspecified by ARCHITECT is decided to be furnished or performed under more than one prime contract, the ARCHITECT will be compensated in accordance with paragraph 5.1.2. 4-2 SECTION 5 -PAYMENTS TO ARCHITECT 5.1OWNER has established an initial construction cost limit of eight hundred thousand dollars($800,000.00)available for construction. 5.1.1For Basic Services. OWNER shall pay ARCHITECT for Basic Services rendered under Section 1 (as amended and supplemented by Exhibit A "Further Description of Basic Services and Related Matters") as follows: 5.1.1.1A lump sum in the amount of sixty thousand dollars($60,000.00). Progress payments for Basic Services in each phase shall total the following percentages of the total basic compensation payable: Schematic Design Phasefifteen percent( 15%) Design Development Phasetwenty percent ( 20%) Construction Documents Phasethirty-five percent ( 35%) Bidding or Negotiation Phasefive percent ( 5%) Construction Phasetwenty percent ( 20%) Operational Phasefive percent ( 5%) Total Compensation for Basic Services$60,000.00 5.1.1.2Should the ARCHITECT's Preliminary Construction Cost Estimate or the lowest bona fide proposal or bid amount exceed the amount in section 5.1 as available for construction, the ARCHITECT may be required at the discretion of the OWNER to amend the design to bring the construction cost estimate or bid amount within the amount specified without additional cost to the OWNER. 5.1.1.3If the work is not carried on after Construction Document Phase and drawings, specifications and Construction Documents are completed and approved, the OWNER will pay the ARCHITECT through the Construction Documents Phase in accordance with Section 5.1.1 above; or, if the bids have been received, the OWNER will pay the ARCHITECT seventy-fivepercent (75%) of the fee as specified in Section 5.1.1.1. 5.1.1.4The ARCHITECT'S responsibility to provide Basic Services for the Construction Phase under this Agreement commences with theaward of the Contract for Construction and terminates sixty (60) days after a) the actual date of Substantial Completion. Services provided after this date shall be considered Additional Services with the compensation due in accordance with Subparagraph 5.1.2 of this Agreement and shall require OWNER'S written authorization. 5.1.2For Additional Services. OWNER shall pay ARCHITECT for Additional Services rendered under Section 2 as follows: On an hourly basis, using Standard Office Billing Rates and Categories identified in paragraph 5.5 of this Agreement, or as mutually agreed between 5-1 OWNER and ARCHITECT prior to the commencement of any such services. 5.1.2.1Professional Associates and Consultants. For services and Reimbursable Expenses of independent professional associates and consultants employed by ARCHITECT to render Additional Services pursuant to paragraph 2.1 or 2.2, the amount billed to ARCHITECT therefor times a factor of 1.10. 5.1.3For Reimbursable Expenses. In addition to payments provided for in paragraphs 5.1.1 and 5.1.2, OWNER shall pay ARCHITECT the actual costs of all Reimbursable Expenses incurred in connection with all Basic and Additional Servicesat an amount not to exceed $7,000 without the City’s prior written consent. 5.1.4The term "Reimbursable Expenses" has the meaning assigned in paragraph 5.4. 5.2Times of Payments. 5.2.1ARCHITECT shall submit monthly statement for Basic and Additional Services rendered and for Reimbursable Expenses incurred. The statements will be based upon ARCHITECT’s estimate of the proportion of the total services actually completed at the time of billing. OWNER shall make prompt monthly payments in response to ARCHITECT's monthly statements. 5.3Other Provisions Concerning Payments. st 5.3.1Invoices for basic and additional services shall be mailed on or before the first (1) th of the month and shall be payable on or before the twentieth(20)of the month. 5.4.Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the ARCHITECT and ARCHITECT's employees and consultants in the interest of the Project, as identified in the following clauses. 5.4.1Expenses in connection with authorized out-of-town travel; long-distance communications; and fees paid for securing approval of authorities having jurisdiction over the Project. Expenses for automobile travel during the performance of basic services shall be considered incidental. For private automobile travel beyond performanceof basic services, mileage will be reimbursed at $0.51/mile. 5.4.2Expense of reproductions, postage and handling of Drawings, Specifications and other documents, photographic materials and developing expense, long-distance phone calls, and faxes. 5.4.3If authorized in advance by the OWNER, expense of overtime work requiring higher than regular rates. 5.4.4Expense of renderings, models and mock-ups requested by the OWNER. 5-2 5.4.5Expense of additional insurance coverage or limits, including professional liability insurance, requested by the OWNER in excess of that normally carried by the ARCHITECT and ARCHITECT's consultants. 5.5The following table of Standard Office Billing Rates shall be in effect where applicable under paragraph 5.1.2 and 5.1.2.1 of this Agreement: Partners$235.00 Project Manager$175.00 Project Architects$125.00 Interior Designers$85.00 Professional Staff$85.00 Secretarial Staff$50.00 If requested by OWNER, the ARCHITECT will submit a list of employees, their appropriate title and billing rates prior to authorization of services that will be compensated by the Standard Office Billing Rates in paragraph 5.5. 5-3 SECTION 6 -CONSTRUCTION COST AND OPINIONS OF COST 6.1Construction Cost The construction cost of the entire Project (herein referred to as "Construction Cost") means the total cost to OWNER of those portions of the entire Project designed and specified by ARCHITECT, but it will not include ARCHITECT's compensation and expenses, the cost of land, rights-of-way, or compensation for or damages to properties, nor will it include OWNER's legal, accounting, insurance counseling or auditing services, or interest and financing charges incurred in connection with the Project or the cost of other services to be provided by others to OWNER pursuant to paragraphs 3.7 through 3.11, inclusive. (Construction Cost is one of the items comprising Total Project Costs which is defined in paragraph 1.2.4.) 6.2Opinions of Cost 6.2.1Since the ARCHITECT hasno control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor(s)' methods of determining prices, or over competitive bidding or market conditions, ARCHITECT's best judgment as an experienced and qualified professional, familiar with the construction industry; but ARCHITECT cannot and does not guarantee that proposals, bids or actual Total Project or Construction Costs will not vary from opinions of probable cost prepared by ARCHITECT. If prior to the Bidding or Negotiating Phase OWNER wishes greater assurance as to Total Project or Construction Costs, OWNER shall employ an independent cost estimator as provided in paragraph 3.9. 6.2.2If a Construction Cost limit is established by written agreement betweenOWNER and ARCHITECT and specifically set forth in this Agreement as a condition thereto, the following will apply: 6.2.2.1The acceptance by OWNER at any time during the Basic Services of a revised opinion of probable Total Project or Construction Costs in excess of the then established cost limit will constitute a corresponding revision in the Construction Cost limit to the extent indicated in such revised opinion. 6.2.2.2Any Construction Cost limit so established will include a minimumcontingency of threepercent (3%)unless another amount is agreed upon in writing. 6.2.2.3ARCHITECT will be permitted to determine what types of materials, equipment and component systems are to be included in the Drawings and Specifications and to make reasonable adjustments in the general scope, extent and character of the Project to bring it within the cost limit. 6.2.2.4If the Bidding or Negotiating Phase has not commenced within six months after completion of the Final Design Phase, the established Construction Cost limit will not be binding on ARCHITECT, and OWNER shall consent to an adjustment in such cost limit 6-1 commensurate with any applicable change in the general level of prices in the construction industry between the date of completion of the Final Design Phase and the date on which proposals or bids are sought. 6.2.2.5If the lowest bona fide proposal or bid exceeds the established Construction Cost limit, OWNER shall (1) give written approval to increase such cost limit, (2) authorize negotiating or rebidding the Project within sixty (60) days, or (3) cooperate in revising the Project's general scope, extent or character to the extent consistent with the Project's requirements and with sound engineering/architectural practices. In the case of (3), ARCHITECT shall modify the Contract Documents as necessary to bring the Construction Cost within the cost limit. No compensation will be made for services in making such modifications per paragraph 5.1.1.2.The providing of such service will be the limit of ARCHITECT's responsibility in this regard and, having done so, ARCHITECT shall be entitled to payment for services in accordance with this Agreement and will not otherwise be liable for damages attributable to the lowest bona fide proposal or bid exceeding the established Construction Cost. 6-2 SECTION 7 -GENERAL CONSIDERATION 7.1Termination. This Agreement may be terminated by either party upon thirty (30) days prior written notice to the other party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party. 7.2Reuse of Documents. All documents including Drawings and Specifications prepared or furnished by ARCHITECT (and ARCHITECT's independent professional associates and consultants) pursuant to this Agreement are instruments of service in respect of the Project. The ownership and property interest therein shall be granted to the OWNER when the Project is completed. ARCHITECT shall supply a set of reproduciblerecord mylardrawings and a scanned DVD setfor the OWNER in accordance with Section 1.3.6. OWNER may make and retain copies for information and reference in connection with the use and occupancy of the Project by OWNER and others; however, such documents are not intended or represented to be suitable for reuse by OWNER or others on extensions of the Project or on any other project. Any reuse by OWNER without written verification or adaptation by ARCHITECT for the specific purpose intended will be at OWNER's sole risk and without liability or legal exposure to ARCHITECT, or to ARCHITECT's independent professional associates or consultants, and OWNER shall indemnify and hold harmless ARCHITECT and ARCHITECT's independent professional associates and consultants from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle ARCHITECT to further compensation at rates to be agreed upon by OWNER and ARCHITECT. 7.3Insurance During term of this agreement, ARCHITECT shall maintain levels of insurance as described in Exhibit D. 7.3.1ARCHITECT shall procure and maintain insurance for protection from claims under worker's compensation acts, claims for damages because of bodily injury, sickness or disease or death of any and all employees or of any person other than such employees, and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom. 7.4Controlling Law This Agreement is to be governed by the law of the principal place of business of OWNER. 7.5Successors and Assigns 7-1 7.5.1OWNER and ARCHITECT each is hereby bound and the partners, successors, executors, administrators and legal representatives ofOWNER and ARCHITECT (and to the extent permitted by paragraph 7.5.2 the assigns of OWNER and ARCHITECT) are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of this Agreement. 7.5.2Neither OWNER nor ARCHITECT shall assign, sublet or transfer any rights under or interest in (including, but without limitation, moneys that may become due or moneys that are due) this Agreement without the written consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent ARCHITECT from employing such independent professional associates and consultants, as ARCHITECT may deem appropriate to assist in the performance of basic services hereunder. 7.5.3Nothing under this agreement shall be construed to give any rights or benefits in this Agreement to anyone other than OWNER and ARCHITECT, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of OWNER and ARCHITECT and not for the benefit of any other party. 7.6Dispute Resolution The parties will attempt in good faith to resolve any controversy or claim arising out of or relating to this agreement promptly by negotiation between senior executives of the parties who have authority to settle the controversy. The disputing party shall give the other party written notice of the dispute. Within ten days after receipt of said notice, the receiving party shall submit to the other a written response. The notice and response shall include (a) a statement of each party's position and a summary of the evidence and arguments supporting its position, and (b) the name and title of the executive who will represent that party. The executive shall meet at a mutually acceptable time and place within twenty days of the date of the disputing party's notice and thereafter as often as they reasonably deem necessary to exchange relevant information and to attempt to resolve the dispute. If the controversy or claim has not been resolved within thirty days of the meeting of the senior executives, the parties shall endeavor to settle the dispute by mediation under the Center for Public Resources Model Procedure for Mediation of Business Disputes or pursue amicable termination. If the matter has not been resolved pursuant to the aforesaid mediation procedure within sixty days of the commencement of such procedure, (which period may be extended by mutual agreement), or if either party will not participate in such procedure, the parties shall pursue amicable termination. 7-2 SECTION 8 -SPECIAL PROVISIONS, EXHIBITS AND SCHEDULES 8.1This Agreement is subject to the following special provisions. 8.2The following Exhibits are attached to and made a part of this Agreement: 8.2.1Exhibit A "Further Descriptions of Basic Services and Related Matters" consisting of 3pages. 8.2.2Exhibit B “Duties, Responsibilities and Limitations of Authority of Resident Project Representative” consists of 5pages. 8.2.3Exhibit C “Project Organizational Chart and Communication” consists of 1page. 8.2.4Exhibit D "Insurance" consists of 1 page. 8.3This Agreement (consisting of 37pages) together with the Exhibits and schedules identified above constitutes the entire agreement between OWNER and ARCHITECTand supersedes all prior written or oral understandings. This Agreement and said Exhibits and schedules may only be amended, supplemented, modified or cancelled by a duly executed written instrument. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first above written. OWNER:ARCHITECT: CITY OF LA PORTE, TEXASJackson & Ryan Architects Interim City ManagerPrincipal ATTESTATTEST City Secretary (SEAL) APPROVED AS TO FORM; City Attorney 8-3 EXHIBIT A FURTHER DESCRIPTION OF ARCHITECT BASIC SERVICES AND RELATED MATTERS EXHIBIT A TO AGREEMENT BETWEEN OWNER AND ARCHITECT FOR PROFESSIONAL SERVICES, dated April 11,2012 1.This is an exhibit attached to, made a part of and incorporated by reference into the Agreement made on April 11,2012,between the City of La Porte (OWNER) and Jackson & Ryan Architects(ARCHITECT) providing for professional services. The Basic Services of ARCHITECT as described in Section 1 of the Agreement are amended or supplemented as indicated below and the time periods for the performance of certain services as indicated in Section 4 of the Agreement are stipulated as indicated below. During the Schematic Design Phase ARCHITECT shall: 2. a.Provide document sets to OWNER as outlined in paragraph 1.2.4. b.Attend 2 meeting(s) with City staff to discuss progress and direction of the work. After the meeting ARCHITECT shall circulate for approval a set of minutes that outline the key topics discussed and any decisions, directions, etc. agreed upon by OWNER and ARCHITECT. The Schematic Design Phase will be completed and documents submitted within 45 days following written authorization from OWNER to ARCHITECT to proceed with that phase of services. 3.During the Design Development Phase ARCHITECT shall: a.Provide document sets to OWNER as outlined in paragraph 1.3.5. b.Attend 2meeting(s) with City staff to discuss progress anddirection of the work. After each meeting ARCHITECT shall circulate for approval a set of minutes that outline the key topics discussed and any decisions, directions, etc. agreed upon by OWNER and ARCHITECT. c.The Architect will be responsible for filing applications for permits with or obtaining approvals of such governmental authorities as have jurisdiction to approve the design of the project. The Design Development Phase Services will be completed and Contract Documents and ARCHITECT's opinion of costs submitted within 60 days following written authorization from OWNER to ARCHITECT to proceed with that phase of services. 4.During the Construction Documents Phase ARCHITECT shall: A-1 Prepare construction documents ready for bidding, including the following tasks: a.Construction drawings will be prepared at appropriate scale and include: Cover Sheet/Area Maps Location Plans/Sheet Indicators Final Site Plan Mechanical Plans and Elevations Final Electrical and Instrumentation Detail Sheets b.Concurrent with the development of design drawings, the ARCHITECT will develop contract documents and specifications. Final specifications will be presented to OWNER for approval. c.Attend 3meeting(s) with City staff to discuss project and directionof the work. After each meeting ARCHITECT shall circulate for approval a set of minutes that outline the key topics discussed and any decisions, directions, etc. agreed upon by OWNER and ARCHITECT. d.Make formal submittal of Drawings, Specifications and Contract Documents for the OWNER's review at the following completion stages: Interim-50 % of Detailed Design provide 1set. Pre-Final-90 % of Detailed Design provide 3 sets. Final-100% of Detailed Design provide 5 sets. e.The ARCHITECT will develop a final "Total Probable cost" estimate. f.Provide document sets to OWNER as outlined in Paragraph 1.4.5. The Construction Document Phase Services will be completed and the Report submitted within 90calendar days following written authorization from OWNER to ARCHITECT to proceed with that phase of services. 5.During the Bidding or Negotiating Phase ARCHITECT shall: a.Assist OWNER in conducting the pre-bid conferences. A-2 The ARCHITECT shall review the Equipment and Experience Statements submitted by the Contractor, check references and prepare a written report and recommendation based on their findings. The ARCHITECT shall not be responsible for evaluating the financial statement submitted by Contractors. The Bidding or Negotiating Phase Services will be completed per terms of paragraph 4.6. 6.During the Construction Phase ARCHITECT shall: a.During the Construction Phase, the ARCHITECT shall make visits to the site at intervals appropriate to the various stages of construction. After contractor has submitted construction schedules, the OWNER and ARCHITECT will mutually agree on key stages of construction that will warrant and require visits by ARCHITECT. However, the total visits to site by the ARCHITECT shall average 4per monthover the term of construction. The Construction Phase Services will be completed per terms of paragraph 4.7. A-3 EXHIBIT B A LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE EXHIBIT B TO AGREEMENT BETWEEN OWNER AND ARCHITECT FOR PROFESSIONAL SERVICES, dated April 11, 2012 This is an Exhibit attached to, made a part of and incorporated by reference with the Agreement made on April 11,2012,between TheCity of La Porte, Texas (OWNER) and Jackson & Ryan Architects(ARCHITECT) providing for professional services. OWNER may furnish a Resident Project Representative (RPR), assistants and other field staff to assist ARCHITECT in observing performance of the work of Contractor. Through more extensive on-site observations of the work in progress and field checks of materials and equipment by the RPR and assistants, ARCHITECT shall endeavor to provide further protection for OWNER against defects and deficiencies in the work of CONTRACTOR; but, the furnishing of such services will not make ARCHITECT responsible for or give ARCHITECT control over construction means, methods, techniques, sequences or procedures or for safety precautions or programs, or responsibility for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents and in particular the specific limitations set forth in paragraph 1.6 of the Agreement are applicable. The duties and responsibilities of the RPR are limited to those of ARCHITECT in ARCHITECT's agreement with the OWNER and in the construction Contract Documents, and are further limited and described as follows: General A. RPR is OWNER's agent at the site, will act as directed by and under the supervision of ARCHITECT, and will confer with ARCHITECT regarding RPR's actions. RPR's dealings in matters pertaining to the on-site work shall in general be with ARCHITECT and CONTRACTOR keeping OWNER advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of CONTRACTOR. RPR shall generally communicate with OWNER with the knowledge of and under the direction of ARCHITECT. B.Duties and Responsibilities of RPR 1.Schedules: Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by CONTRACTOR and consult with ARCHITECT concerning acceptability. 2.Conferences and Meetings: Attend meetings with CONTRACTOR, such as preconstruction conferences, progress meetings, job conferences and other project- B-1 related meetings, and prepare and circulate copies of minutes thereof. 3.Liaison: a.Serve as ARCHITECT’s liaison with CONTRACTOR, working principally through CONTRACTOR’s superintendent and assist in understanding the intent of the Contract Documents; and assist ARCHITECT in serving as OWNER’s liaison with CONTRACTOR when CONTRACTOR’s operations affect OWNER’s on-site operations. b.Assist in obtaining from OWNER additional details or information, when required for proper execution of the Work. 4.Shop Drawings and Samples: a.Record date of receipt of Shop Drawings and samples. b.Receive samples that are furnished at the site by CONTRACTOR, and notify ARCHITECT of availability of samples for examination. c.Advise ARCHITECT and CONTRACTOR of the commencement of any Work requiring a Shop Drawing or sample if the submittal has not been approved by ARCHITECT. 5.Review of Work, Rejection of Defective Work, Inspections and Tests: a.Conduct on-site observations of the Work in progress to assist ARCHITECT in determining if the Work is ingeneral proceeding in accordance with the Contract Documents. b.Report to ARCHITECT whenever RPR believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has been damaged, or does not need the requirements of any inspection, test or approval required to be made; and advise ARCHITECT of Work the RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. c.Verify that tests, equipment and systems startups and operating and maintenance training are conducted in the presence of appropriate personnel, and that CONTRACTOR maintains adequate records thereof; and observe, record and report to ARCHITECT appropriate details relative to the test procedures and startups. d.Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to ARCHITECT. B-2 6.Interpretation of Contract Documents: Report to ARCHITECT when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issued by ARCHITECT. 7.Modifications: Consider and evaluate CONTRACTOR's suggestions for modifications in Drawings or Specifications and report with RPR's recommendations to ARCHITECT. Transmit to CONTRACTOR decisions as issued by ARCHITECT. 8.Records: a.Maintain at the job site orderly files for correspondence, report of job conferences, Shop Drawings and samples, reproductions of original Contract Documents including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, ARCHITECT's clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. b.Keep a diary or log book, recording CONTRACTOR hours on the job site, weather conditions, data relative to questions of Work Directive, Change Orders or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to ARCHITECT. c.Record names, addresses and telephone numbers of all CONTRACTORS, subcontractors and major suppliers of materials and equipment. 9. Reports: a.Furnish ARCHITECT periodic reports as required of progress schedule and schedule of Shop Drawing and sample submittals. b.Consult with ARCHITECT in advance of scheduled major tests, inspections or start of important phases of the Work. c.Draft proposed Change Orders and Work Directive Changes, obtaining backup material from CONTRACTOR and recommend to ARCHITECT Change Orders, Work Directive Changes, and Field Orders. B-3 d.Report immediately to ARCHITECT and OWNER upon the occurrence of any accident. 10. Payment Requests: Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendations to ARCHITECT, noting particularly the relationship of the payment requested to the schedule of values, Work completed, and materials and equipment delivered at the site but not incorporated in the Work. 11. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to ARCHITECT for review and forwarding to OWNER prior to final payment for the Work. 12. Completion: a.Before ARCHITECT issues a Certificate of Substantial Completion, submit toCONTRACTOR a list of observed items requiring completion or correction. b.Conduct final inspection in the company of ARCHITECT, OWNER, and CONTRACTOR and prepare a final list of items to be completed or corrected. c.Observe that all items on final list have been completed or corrected and make recommendations to ARCHITECT concerning acceptance. Limitations of Authority C. Resident Project Representative: 1.Shall not authorize any deviation from the Contract Documents or substitution of materials or equipment, unless authorized by ARCHITECT. 2.Shall not exceed limitations of ARCHITECT's authority as set forth in the Agreement or the Contract Documents. 3.Shall not undertake any of the responsibilities of CONTRACTOR, subcontractors or CONTRACTOR's superintendent. 4.Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of B-4 construction unless such advice or directions are specifically required by the Contract Documents. 5.Shall not advise on, issue directions regarding, or assume control over safety precautions and programs in connection with the Work. 6.Shall not accept Shop Drawing or sample submittals from anyone other then CONTRACTOR. 7.Shall not authorize OWNER to occupy the Project in whole or in part. 8.Shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by ARCHITECT. B-5 EXHIBIT C COMMUNICATION EXHIBIT C TO AGREEMENT BETWEEN OWNER AND ARCHITECT FOR PROFESSIONAL SERVICES, dated April 11,2012 All correspondence shall include City of La Porte Project Name. All correspondence regarding this Agreement for Professional Services and fee invoicing from ARCHITECT to OWNER shall be addressed as follows: City of La Porte Attention:Reagan McPhail,Capital Improvement Coordinator PO Box 1115 La Porte, TX 77572-1115 Delivery Address: 604 West Fairmont Parkway La Porte, TX 77571 Deliveries related to project design and construction shall be sent to: City of La Porte Attention:Reagan McPhail,Capital Improvement Coordinator 604 West Fairmont Parkway La Porte, TX 77571 All correspondence from OWNER to ARCHITECT shall be addressed to: Jackson & Ryan Architects Attention: Martha Seng, FAIA 2370 Rice Boulevard Suite 210 Houston, Texas 77005 C-1 EXHIBIT D INSURANCE EXHIBIT D TO AGREEMENT BETWEEN OWNER AND ARCHITECT FOR PROFESSIONAL SERVICES, dated April 11, 2012 This is an exhibit attached to, made a part of and incorporated by reference into the Agreement made on April 11, 2012,between the City of La Porte (Owner) and Jackson & Ryan Architects(Architect) providing for professional services. Section7.3 of the Agreement is amended and supplemented to include the following agreement of the parties: The limits of liability for the insurance required by paragraph 7.3 of the Agreement are as follows: By Architect: 1.Worker's CompensationStatutory 2.Employer's Liability$1,000,000 3.General Liability General Aggregate$500,000 Each Occurrence (Bodily Injury and Property Damage)$1,000,000 4.Excess Umbrella Liability General Aggregate$500,000 5.Automobile Liability$500,000 6.Professional Liability Each Occurrence$250,000 Aggregate$500,000 D-1 REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested:April 09, 2012 Source of Funds: Requested By: D. Wilmore Account Number: Department: Planning Amount Budgeted: Report: XResolution:Ordinance: Amount Requested: Exhibits: Inspection Report Budgeted Item:YESNO ExhibitsBefore & After Photos SUMMARY & RECOMMENDATION On March 28, 2011 City Council reviewed the findings of the Dangerous Building Inspection Board and granted an April 25, 2011 public hearing date. Council continued the public hearing on1307 E. Main at multiple meeting dates to accommodate the probate process and subsequent sale of the property. Subsequent to the first public hearing meeting, legal notices in accordance with Article VIII; Section 82-475 of the Code of Ordinance, were provided to the structure owner. One of the new owners met with staff on January 05, 2012 and subsequently provided a copy of the title paperwork confirming the transfer of the property. The owner’s scope of work included clean-up of the property as well as repairs to the foundation, roof and interior. Permits were issued on February 07, 2012. Staff can confirm property clean-up, foundation and porch work and the start on the roof.With past ownership changes, Council has chosen to allow the new owners to proceed. The Dangerous Building Inspections Board recommends Council close the public hearing, give staff direction to close its file and allow the owner to proceed with the remaining exterior/interior repairs . Action Required by Council: 1.Close the Continued Public Hearing on 1307 E. Main;and 2.Provide staff with direction to either: (1) Close the file and allow the new owner to complete the work; (2) Restart the condemnation process with the new owner–or--(3) Other actiondesired by Council. Approved for City Council Agenda Steve Gillett, Interim City ManagerDate REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested:April 09, 2012 Source of Funds: Requested By: D. Wilmore Account Number: Department: Planning Amount Budgeted: Report: XResolution:Ordinance: Amount Requested: Exhibits: Current Dangerous Building Regulations Budgeted Item:YESNO Exhibits SUMMARY & RECOMMENDATION Acity’s authority relating to condemnation/demolition of buildings that are dilapidated, substandard or unfit for human habitation was recentlychallenged(City of Dallas v. Stewart). The court focused on whether the homeowner received “due process” during the condemnation and subsequent demolition process. That case has now concluded and at this time, TML believes cities may continue to utilize their City Council or Building and Standards Commission abatement processbut should delay actual demolition until the time for appeal (30-days) has been satisfied. Staff and legal discussed the impact of the ruling as it relates to the City of La Porte’s current dangerous building regulations. An additional amendment resulting from a change in newspaper publication deadlines also needs tooccur. Required changes include: Amend S. 82-481 to include a minimum forty-five (45) day delay between condemnation and demolition AmendS. 82-482 to describe the appeal process with a thirty (30) day appeal window Amend S. 82-475(d) relating to required newspaper publications City regulations are included and the sections referenced above arehighlighted in yellow. The purpose of this workshop is to provide Council with an update and to request authorization to proceed with necessary ordinance changes. Action Required by Council: Receive report and provide staff with direction on proposed ordinance changes Approved for City Council Agenda Steve Gillett, Interim City ManagerDate ARTICLE VIII. -DANGEROUS BUILDINGS Sec.82-471.-Definitions. Thefollowingwords,termsandphrases,whenusedinthisarticle,shall havethemeaningsascribedtotheminthissection,exceptwherethecontext clearlyindicatesadifferentmeaning: Buildingmeansanystructurewhichhasenclosingwallsfor50percentof itsperimeterandwhichwasbuiltforthesupport,shelterorenclosureofpersons, animals,chattels,orpropertyoranykind.Theterm"building"shallbeconstrued asiffollowingbytheword"orpartthereof."Forthepurposeofthisarticle,each portionofabuildingseparatedfromotherportionsbyafirewallshallbe consideredaseparatebuilding. Buildingcodemeansthebuildingcodeofthecityasitnowexistsandasit mayhereafterfromthetimetotimebeamended. Buildingofficialmeanstheofficialchargedwiththeadministrationand enforcementofthebuildingcodeandthisarticle. Dangerousbuilding,forthepurposeofthisarticle,theterm"dangerous building"shallmeanandincludeanybuildingorotherstructurewhich,forthe wantofproperrepairsorbyreasonofage,sub-standardand/ordilapidated condition,damagedbyfire,earthquake,wind,floodorbyanyothercause,orby reasonofpoorlyinstalledelectricalwiringorequipment,defectivechimney, defectivegasconnection,defectiveheatingapparatus,orforanyothercauseor reason,isespeciallyliabletofire;andwhichbuildingorstructureissosituatedor occupiedastoendangeranyotherbuildingorpropertyorhumanlife. Saidtermshallalsomeanandincludeanybuildingorstructurecontainingany combustibleorexplosivematerial,rubbish,rags,waste,oils,gasoline,or flammablesubstanceofanykindespeciallyliabletocausefireordangertothe safetyofsuchbuilding,premises,ortohumanlife.Saidtermshallalsomeanand includeanybuildingorstructurewhichshallbekeptormaintainedorshallbeina filthyorunsanitaryconditionespeciallyliabletocausethespreadofcontagiousor infectiousdiseaseordiseases.Saidtermshallalsomeanandincludeanybuilding orstructureinsuchweakorweakenedconditionordilapidated,deteriorated conditionastoendangeranypersonorpropertybyreasonofprobabilityorpartial orentirecollapsethereof. Person(s)asusedinthisarticle,shallmeanandincludeanypersonor persons,firmorfirms,corporationorcorporations.Anypersonwhoshallbethe ownerof,orshallbeinpossessionof,orinresponsiblechargeofanydangerous buildingwithintheCityofLaPorte,andwhoshallknowinglysufferorpermit anysuchbuildingtobeorremaindangerousforaslongastendaysafterreceipt ofnotice,ashereinprovided,shallbeguiltyofaviolationofthisordinanceand shall,uponconvictionthereofinthemunicipalcourt,befinednottoexceed $2,000.00.Eachandeverydaytheviolationcontinuesconstitutesanewand separateoffence. Dangerousbuildinginspectionboardmeanstheboardofinspectioncreated bysection 82-472. Firechiefmeanstheofficerchargedwiththeadministrationoffire suppressionservicesandthisarticle. Firecodemeansthefirecodeofthecityasitnowexistsandasitmay hereafterfromtimetotimebeamended. Firemarshalmeanstheofficerchargedwiththeadministrationand enforcementofthefirecodeandthisarticle. (Ord.No.2004-2700,§1,1-26-04) Sec.82-472.-Dangerousbuildinginspectionboard. Thereisherebycreatedadangerousbuildinginspectionboardandforthe purposeofthisarticle,theirdutiesaredescribedinthischapterandshallbe referredtoas"theboard"throughoutthischapter.Theboardshallbecomposedof thebuildingofficial,orhis/herdulyauthorizedrepresentative,thefirechief,or his/herdulyauthorizedrepresentative,andthefiremarshal,orhis/herduly authorizedrepresentative. (Ord.No.2004-2700,§1,1-26-04) Sec.82-473.-Declarationofpublicnuisanceandhazard. (a)Dangerousorsubstandardbuildingsorstructures.Abuildingorstructure shallbeconsidereddangerousorsubstandardwheneveritisdeterminedbythe board,thatanyorallofthefollowingisapplicable: (1)Abuildingthatisvacant,andisnotuptocurrentbuildingcode standards.Thesevacantbuildingscanbeeitheropentotrespassor boardedup. (2)Wheneveranyportionthereofhasbeendamagedbyfire,earthquake, wind,flood,orbyanyothercause,tosuchanextentthatthestructural strengthorstabilitythereofismateriallylessthanitwasbeforesuch catastropheandislessthantheminimumrequirementsofthebuilding codefornewbuildingsofsimilarstructure,purposeorlocation; (3)Wheneveranyportionormemberorappurtenancethereofislikelyto fail,ortobecomedetachedordislodged,ortocollapseandtherebyinjure personsordamageproperty; (4)Wheneverthebuildingorstructure,oranyportionthereof,becauseof (a)dilapidation,deterioration,ordecay;(b)faultyconstruction;(c)the removal,movementorinstabilityofanyportionofthegroundnecessary forthepurposeofsupportingthebuilding;(d)thedeterioration,decayor inadequacyofitsfoundation,or(e)anyothercause,islikelytopartiallyor completelycollapse; (5)Whenever,foranyreason,thebuildingorstructure,oranyportion thereof,ismanifestlyunsafeforthepurposeofwhichitisbeingused; (6)Wheneverthebuildingorstructurehasbeensodamagedbyfire, wind,earthquakeofflood,orhasbecomesodilapidatedordeterioratedas tobecome(a)anpublicnuisance(b)aharborforvagrantsorasto(c) enablepersonstoresorttheretoforthepurposeofcommittingunlawful acts; (7)Wheneverabuildingorstructure,usedorintendedtobeusedfor dwellingpurposes,becauseofinadequatemaintenance,dilapidation, decay,damage,faultyconstructionorarrangement,inadequatelight,airor sanitationfacilities,orotherwise,isdeterminedbytheboardtobe unsanitary,unfitforhumanhabitationorinsuchaconditionthatitis likelytocausesicknessordisease; (8)Wheneveranybuildingorstructure,becauseofobsolescence, dilapidatedcondition,deterioration,damage,inadequateexits,lackof sufficientfire-resistiveconstruction,faultyelectricwiring,gas connectionsorheatingapparatusorothercause,isdeterminedbythe boardtobeafirehazard; (b)Dangerousorsubstandardelectrical,plumbing,ormechanicalinstallations. Abuildingorstructureshallbeconsidereddangerousorsubstandardwheneverit isdeterminedbytheboard,thatanyorallofthefollowingisapplicable: (1)Wheneveranyprotectiveorsafetydevicespecifiedintheelectrical codeandofthistitleisnotprovidedorisinoperative,defective, dilapidated,ordeterioratedsoastothreatentofailorfunctionas originallyintended; (2)Wheneveranyinstallationoranyportionthereofbecauseof(a) dilapidation,deterioration,ordecay;(b)faultyconstruction;(c) obsolescence;(d)inadequatemaintenance,whichinrelationtoexisting useconstitutesahazardtolife,health,propertyorsafety; (3)Wheneveranyinstallationoranyportionthereofwhichisdamaged byfire,wind,earthquake,floodoranyothercausesoastoconstitutea potentialhazardtolife,healthypropertyorsafety; (4)Wheneveranyinstallationoranyportionthereofwasconstructed, installed,alteredormaintainedinviolationofthebuildingcodeand/orfire codesoastoconstituteapotentialhazardtolife,health,propertyor safety. (c)Unlawfultomaintain.Itisunlawfultomaintainoruseadangerousbuilding orstructure,oradangerouselectrical,plumbingormechanicalinstallation. (d)Abatement.Alldangerousbuildingsorstructures,ordangerouselectrical, plumbing,ormechanicalinstallationsareherebydeclaredtobepublicnuisances andmaybeabatedbyrepair,rehabilitation,demolitionorremovalinaccordance withtheproceduresspecifiedinCodeofOrdinances,ArticleVIIIdangerous buildingorbyanyotherremedyavailableatlaw. (Ord.No.2004-2700,§1,1-26-04) Sec.82-474.-Inspectionsandreportsthereon. (a)Wheneveritshallcometotheattentionoftheboardoranymemberthereof, byreasonofthecarryingoutofthenecessarydutiesofsuchmember,orbyreason ofacomplaintofanycitizenofthecityorofthecitycouncilthatadangerous buildingexists,theboardshallmakeathoroughinspectionofsuchbuilding. (b)Whenamember(s)oftheboardfindadoor(s)and/orwindow(s)ofa buildingarenotcompletelyclosedorshut,entryintothisbuildingshallbe permittedinordertoconductaninteriorinspectionofsaidbuilding. (c)However,iftoamember(s)oftheboardtheentrydoorsandorwindowsare completelyclosedorshut,thenaninteriorinspectioncanonlybeconductedafter theissuanceofanadministrativesearchwarrantyissuedbyamagistrate.Note:If anadministrativesearchwarrantisnotsecured,thenonlyanexteriorinspection shallbeconducted. (d)If,afterinspectionofsuchbuilding,thereisareasonabledoubtasto whetherthebuildingisinfactdangerous,theboardmaycalltoitsassistanceone ormorecompetentexpertsintheapplicablefield. (e)Aftertheinspectionprovidedforinthissectionhasbeenmade,withor withouttheaidofanexpert,theboardshallreportitsconclusioninwritingto eachofthemembersofthecitycouncilandtothecityattorney.Suchreportshall statethecircumstancesandtheconditionofthebuildinguponwhichsuch conclusionwasbased.Thereportshallbefiledinallcasesnomatterwhat conclusionisstatedbytheboard. (Ord.No.2004-2700,§1,1-26-04) Sec.82-475.-Noticetoowner—Required;methodofservice. (a)Ifthereportoftheboardrequiredbysection 82-474revealsthatitisthe opinionofamajorityoftheboardthatthebuildingisinfactadangerousbuilding, atameetingofthecitycouncil,councilshallcausethecitysecretarytonotifythe ownerinwritinginaccordwiththeprovisionsofthissection. (b)Iftheownerandhisresidenceisknown,thenoticerequiredbysubsection(a) ofthissectionshallbegivenbypersonalservicebyanylawenforcementofficer ofthecityorbythesheriffofthecountyoftheresidenceoftheownerasinthe caseofcitationsinthedistrictcourtsofthestate,orsuchnoticeshallbegivenby registeredmail,withreturnreceiptrequested,addressedtothelastknownaddress oftheowner. (c)Ifserviceofthenoticecannotbehadasprescribedinsubsection(b)ofthis section,thennoticeshallbepublishedasprovidedforinsubsection(d)ofthis section.Oneattempttosecureservicebyeithermethodprovidedforinsubsection (b)ofthissectionshallbesufficientbasisforpublishingsuchnoticein accordancewithsubsection(d)ofthissection. (d)Iftheownerisknownbuthisresidenceisunknown,oriftheowneris unknown,thenoticeshallbepublishedinsomedailynewspaperofgeneral circulationinthecounty,twotimes.Thefirstpublicationshallbeinsertednot morethan15daysandnotlessthantendayspriortothedateofthehearing providedforinthisarticle,andthelastpublicationshallbenotmorethantendays andnotlessthanfivedayspriortosuchhearing. (e)Whenacomplaintunderthisarticlehasbeenmadeastotheconditionofa particularbuilding,theownershipofwhichhasbeengrantedoraccruedtothe heirsofanydeceasedperson,andifthenamesofsuchheirsareunknown,the noticerequiredbythissectionshallbedirectedagainstthem,theirheirsorlegal representatives,describingthemastheheirsofsuchnamedancestor. (Ord.No.2004-2700,§1,1-26-04) Sec.82-476.-Same—Contents. (a)Ifthenoticerequiredbysection 82-475isservedbyregisteredmailor personalservice,itshallbesufficientifitcontains: (1)Astatementthatacomplainthasbeenmadeandbywhommade,and thatdueinvestigationhasbeenmadeasrequiredbythisarticle; (2)Abriefstatementoftheconditionofthebuildingasfoundbythe board; (3)Thetimeandplaceofthehearingprovidedforunderthisarticle;and (4)Anorderfortheownertoappearbeforethecouncilatsuchtimeand placetoshowcausewhythebuildingshouldnotbedeclaredanuisance, condemned,andorderedrepairedortorndown. (b)Ifthenoticerequiredbysection 82-475isservedbypublication,itshallonly containastatementthattheboard,hasinvestigatedandfoundthebuildingtobe dangerousandanuisanceinfactandshallcommandtheownertoappearata specifiedtimeandplacebeforethecounciltoshowwhythebuildingshouldnot bedeclaredanuisance,condemnedandorderedrepairortorndown. (Ord.No.2004-2700,§1,1-26-04) Sec.82-477.-Hearing. Whenevertheboardfindsthatabuildingisadangerousbuilding,thecity councilshallconductahearingonsuchfindingatitsregularmeetingplaceincity hall,atatimewhichisatleasttendaysafterserviceorattemptedserviceofnotice totheownerinaccordwithsection 82-475.Thecouncilshallhearevidencefor andagainsttheconclusionsoftheboard. (Ord.No.2004-2700,§1,1-26-04) Sec.82-478.-Decisionofcouncil;ordertorepairorremovegenerally. Within15daysaftertheterminationofthehearingprovidedforunderthis article,thecitycouncilshouldmakeitsdecisioninwritingsettingoutthefacts uponwhichitbaseditsopinion.Ifitsdecisionisinfavorofthefindingsofthe boardtotheeffectthatthebuildingisinfactadangerousbuildingandisa nuisanceandahazardandthatitis,bysuchorder,condemned.Theordershall furtherrequire,asthefactsmayjustify,thattheownershalleitherrepairsuch buildingincompliancewiththebuildingcodeofthecity,orthattheownershall entirelyremoveorteardownsuchbuilding,andsuchrepairsorremovalshallbe commencedwithtendaysfromthedateofsuchorderandbecompletedwithina reasonabletime. (Ord.No.2004-2700,§1,1-26-04) Sec.82-479.-Serviceofpublicationofordertorepairorremove. Iftheaddressoftheownerofabuildingcondemnedunderthisarticleis knownatthetimetheorderprovidedforinsection 82-478isentered,acopyof suchordershallbedeliveredtotheownerinpersonbyanylawenforcement officerofthecity.Suchofficershallmakeduereturnoftheserviceofsuchorder asinthecaseofcitationsinthedistrictcourtsofthestate.Suchordermaybe,at theoptionofthecitycouncil,senttosuchownerbyregisteredmail,returnreceipt request.Iftheresidenceofsuchownerisnotknown,thensuchordershallbe publishedinsomenewspaperofgeneralcirculationinthecountyandthecity,at leasttwotimeswithintendaysaftertheentryoftheorderofthecouncil. (Ord.No.2004-2700,§1,1-26-04) Sec.82-480.-Noticeoncondemnedbuilding. Anorderofthecitycouncilcondemningadangerousbuildingunderthis articleshallalsocontainanordertotheappropriatememberoftheboardtocause anoticeofthedangerous,insanitaryorotherconditionofthebuildingtobe affixedinoneormoreconspicuousplacesontheexteriorofthebuilding.No personshallremoveordefacesuchnotice. (Ord.No.2004-2700,§1,1-26-04) Sec.82-481.-Repairorremovalbycity. If,withintendaysafterthelastpublicationofserviceofanenteredunder section 82-478,theownerhasnotcompliedwiththeordertorepairorremove suchbuilding,thentheboardmayenteruponthepremises,withsuchassistance asitmaydeemnecessary,andcausethebuildingtoberepairedorremoved withoutdelay.Theexpensesofsuchprocedureshallbechargedagainsttheowner andshallbecomeavalidandenforceablepersonalobligationoftheownerofsuch premises,whichmayberecoveredbythecityinasuit,broughtforthatpurpose. Thecitycouncilmay,byordinancesenactedbyit,assesstheexpensesontheland occupiedbysuchbuilding,orthelandtowhichsuchbuildingwasattached,and maketheexpensesalienthereon. (Ord.No.2004-2700,§1,1-26-04) Sec.82-482.-Articledoesnotaffectcity'sandowner'srighttoresorttocourts. Nothinginthisarticleshallbeconstruedasabridgingtherightofthecity toresorttothecourtsofthisstatefortheenforcementofthisarticle,orofthe rightsofanyownertoresorttothecourtsofthisstateinanattempttoenjointhe enforcementofthisarticle. (Ord.No.2004-2700,§1,1-26-04) Secs.82-483—82-510.-Reserved. REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested:4-9-12 Source of Funds: Requested By:Kenith Adcox Account Number: Department:Police Amount Budgeted: Report: XResolution:Ordinance: Amount Requested: Budgeted Item:N/A Exhibits: Department Report Exhibits: Exhibits SUMMARY & RECOMMENDATION Staff will presentthe 2011 La Porte Police Department’s Annual Crime and Activity Report to CityCouncil. Action Required by Council:None None. Approved for City Council Agenda Steve Gillett,Interim City ManagerDate REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: April 9, 2012 :N.A. Source of Funds Julian Garza Requested By: Account Number:N.A. Department: Planning Amount Budgeted: N.A. Report: _X__Resolution: __Ordinance: ___ Amount Requested: _N.A. Exhibit:Drainage Report Budgeted Item: YES NO SUMMARY At the request of the Drainage Committee, staff is providing an update of active projects for Council review. The update to the drainage projects is attached asan exhibit.Staff will be present to answer any questions that Council may have regarding the projects in the report. _____________________________________________________________________________________________ Action Required by Council: ReceiveDrainage Report. _____________________________________________________________________________________________ Approved for City Council Agenda ___________________________________________________________ Steve Gillett, InterimCity ManagerDate CITY COUNCIL DRAINAGE REPORT April9, 2012 Contract Design and Construction th South 16Streets.Design in progress;plans at 95%, addressing agency comments. F101 Channel Improvements by HCFCD. Hydro excavation complete. Land Dev Engineering preparing Preliminary Engineering Reportto be finalized by January 2013. In-House Design and Construction of City-Initiated Projects F-216 Regional Detention Project.Construction issubstantially complete. F216 Regional Detention Phase II.GLO has awarded a grant to fund a portion of this project. Battleview Area.Survey and design complete. Plans submitted for pipeline and agency review. East Main.Construction approximately substantially complete. Adams Street.Letter of no objection from ExxonMobile Pipelinereceived. Construction underway. Sunrise and Broadway.Installation of additional culverts by Public Works at South Shady Lane and Baywood along Broadway in progress. Battleground Estates and Shady River.Working with HC and HCFCD. In-House Drainage Maintenance Activities North Shady Lane.Working to secure easement to improve and clean existing drainage swaleon South Shady Lane and making design modifications to North Shady Lane. In-Fill DrainageMaintenance.Public Works workingondrainage maintenance at th 15and C Street, Adams Street, and East Main Street. Council Agenda Item April 9, 2012 10. (c)Receive report ofLa Porte Development Corporation Board *********************************************************************************** Council Agenda Item April 9, 2012 11.ADMINISTRATIVE REPORTS (a) City Council Budget Retreat, Saturday, April 14, 2012 (b) Planning and Zoning Commission Meeting, Thursday, April 19, 2012 (c) Fiscal Affairs Committee Meeting, Monday, April 23, 2012 (d) City Council Meeting, Monday, April 23, 2012 (e) Planning and Zoning Commission Meeting, Wednesday, April 25, 2012 12. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies–Councilmembers Martin, Moser, Kaminski, Zemanek, Leonard, Engelken, Mosteit, Clausen and Mayor Rigby. 13.EXECUTIVE SESSION The City Council reserves the right to meet in closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code. 14. RECONVENE into regular session and consider action, if any, on item(s) discussed in executive session. *********************************************************************************** Council Agenda Item April 9, 2012 15.ADJOURN ***********************************************************************************