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HomeMy WebLinkAbout01-10-22LOUIS R. RIGBY Mayor BRANDON LUNSFORD Councilperson At Large A BRENT McCAULLEY Councilperson At Large B MANDI WILLIAMS Councilperson District 1 CITY COUNCIL MEETING AGENDA CHUCK ENGELKEN Councilperson District 2 BILL BENTLEY Councilperson District 3 THOMAS GARZA Councilperson District 4 JAY MARTIN Mayor Pro Tem Councilperson District 5 ROBBIE McLARRIN Councilperson District 6 Notice is hereby given of a regular meeting of the La Porte City Council to be held January 10, 2022 , beginning at 6:00 PM in the City Hall Council Chamber, 604 West Fairmont Parkway, La Porte, Texas, for the purpose of considering the following agenda items. All agenda items are subject to action. Remote participation is available, also. Attend via a screen using this link: https://us02web.zoom.us/j/88936862331?pwd=d2NONytOdzhkdmUrTWxmbEFZajBVZz09. Join by phone at 888-475-4499 or 877-853-5257. The meeting ID is 889 3686 2331 and the passcode is 170570. 1. CALL TO ORDER 2. INVOCATION — The invocation will be given by Pastor Philip Dunn, Lighthouse Baptist Church. PLEDGES — Will be led by Councilperson Mandi Williams. U.S. Flag Texas Flag: Honor the Texas Flag. I pledge allegiance to thee, Texas, one state, under God, one, and indivisible. 3. CITIZEN COMMENT (Generally limited to five minutes per person; in accordance with state law, the time may be reduced if there is a high number of speakers or other considerations.) 4. CONSIDERATION OF COUNCILPERSON ABSENCES (a) Presentation, discussion, and possible action to consider excusing absences of Councilpersons Mandi Williams and Brandon Lunsford from the December 13, 2021, City Council meeting, in accordance with the City Council Attendance Policy. [Louis R. Rigby, Mayor] 5. CONSENT AGENDA (Approval of Consent Agenda items authorizes each to be implemented in accordance with staff recommendations provided. An item may be removed from the consent agenda and added to the Statutory Agenda for full discussion upon request by a member of the Council present at this meeting.) (a) Approve the minutes of the regular City Council meeting held on December 13, 2021. [Louis R. Rigby, Mayor] (b) Award Bid #22004 - Pecan Fence Fabric Replacement to Aztec Remodeling & Landscaping Company in the amount of $124,000.00 for the Pecan Park Fence Fabric Project, with a contingency amount of $9,920.00, for a total authorization of $133,920.00 [Tim Miller, Director of Parks and Recreation] (c) Award Bid #22008 - Broadway Trail Lighting Project Phase II to Genrg Electrical Solutions, LLC in the amount of $426,825.00 with a contingency amount of $42,683.00, for a total authorization of $469,508.00 [Tim Miller, Director of Parks and Recreation] (d) Approval to authorize the City Manager to execute an interlocal agreement with Region 8 Education Service Center to provide cooperative purchasing services through The Interlocal Purchasing System Program. [Cherell Daeumer, Purchasing Manager] (e) Adopt Ordinance 2022-3859 for the purpose of vacating, abandoning, and closing the eastern forty (40) feet of the North 18th St. right-of-way situated between the Tyler Street and West Madison Street rights -of -way, located in Blocks 654 and 655, Town of La Porte, and authorizing execution and delivery of a deed to adjoining landowner. [Teresa Evans, Director of Planning and Development] (f) Award Bid #22006 - Temporary Labor Services to L.C. Personnel, d/b/a Labor Finders, at a billing rate of $19.25 per hour and authorize the City Manager to execute a service contract. [Ray Mayo, Director of Public Works] (g) Approve a reduction of $51,364.00 from amount previously awarded to Grapevine Dodge - Chrysler -Jeep -Ram on October 11, 2021, and award a purchase of two Chevrolet Tahoe Police Patrol Vehicles to Lake Country Chevrolet in the amount of $75,188.50, under cooperative purchasing contract 210907. [Ray Mayo, Director of Public Works] 6. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES (a) The City Council will hold a public hearing to receive comments regarding a recommendation by the Planning and Zoning Commission to adopt Ordinance 2022-3860 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Zone Change #21- 92000004, a change from Main Street Overlay (MSO) District to Main Street (MS) District for a 0.344-acre tract of land located at the 300 Block of East Main Street and legally described as Lots 23-25 and E '/2 of Lot 26, Block 196, Town of La Porte, Harris County, Texas; followed by discussion and possible action to consider adopting Ordinance 2022-3860 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Zone Change #21-92000004, a change from Main Street Overlay (MSO) District to Main Street (MS) District for a 0.344-acre tract of land located at the 300 Block of East Main Street and legally described as Lots 23-25 and E '/2 of Lot 26, Block 196, Town of La Porte, Harris County, Texas. [Teresa Evans, Director of Planning and Development] 7. STATUTORY AGENDA (a) Authorize the City Manager to execute an interlocal agreement with the Harris County Flood Control District to receive funds for the Brookglen Subdivision Drainage Improvement Project. [Ray Mayo, Director of Public Works] 8. REPORTS (a) Receive report of the La Porte Draining and Flooding Committee meeting. [Mayor Pro Tern Martin] 9. ADMINISTRATIVE REPORTS • Planning and Zoning Commission meeting, January 20, 2022 • La Porte Community Fencing Ad Hoc Committee meeting, January 24, 2022 • La Porte Development Corporation Board meeting, January 24, 2022 • City Council meeting, January 24, 2022 10. COUNCIL COMMENT Hear announcements concerning matters appearing on the agenda; items of community interest; and/or inquiries of staff regarding specific factual information or existing policy from the Mayor, Councilpersons, and City staff, for which no formal action will be discussed or taken. 11. ADJOURN If, during the course of the meeting and discussion of any items covered by this notice, City Council determines that a Closed or Executive Session of the Council is required, then such closed meeting will be held as authorized by Texas Government Code, Chapter 551, Section 551.071 - consultation with counsel on legal matters; Section 551.072 - deliberation regarding purchase, exchange, lease or value of real property; Section 551.073 - deliberation regarding a prospective gift; Section 551.074 - personnel matters regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; Section 551.076 - implementation of security personnel or devices; Section 551.087 - deliberation regarding economic development negotiation; Section 551.089 - deliberation regarding security devices or security audits, and/or other matters as authorized under the Texas Government Code. If a Closed or Executive Session is held in accordance with the Texas Government Code as set out above, the City Council will reconvene in Open Session in order to take action, if necessary, on the items addressed during Executive Session. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (281-470-5019), two working days prior to the meeting for appropriate arrangements. Pursuant to Texas Government Code Sec. 551.127, on a regular, non -emergency basis, members may attend and participate in the meeting remotely by video conference. Should that occur, a quorum of the members will be physically present at the location noted above on this agenda. I, Lee Woodward, City Secretary, do hereby certify that a copy of the January 10, 2022, City Council agenda was posted on the City Hall bulletin board, a place convenient and readily accessible to the general public at all times, and to the City's website, www.LaPorteTX.gov, in compliance with Chapter 551, Texas Government Code. DATE TIME TAKEN DOWN Lee Woodward, City Secretary REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 10, 2022 Requested By: Louis R. Rigby, Mayor Department: City Council • Report c - Resolution Ordinance Exhibits: None Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: (' Yes r No SUMMARY & RECOMMENDATION This item has been added for consideration by City Council of the absence of Councilpersons Mandi Williams and Brandon Lunsford from the December 13 meeting, per the Council's adopted Rules of Procedure, excerpted below. Councilperson Williams made the required notification on November 22. Councilperson Lunsford made the required notification on December 13. 5.04 Rules for Attendance at Regular Meetings of the City Council Section 2.04 (b)(4) of the City Charter provides that a member of City Council shall forfeit his or her office by failing "to attend three consecutive regular Council meetings without being excused by the Council". A member of City Council who will not be able to attend a regular Council meeting shall make a reasonable effort to notify the Mayor, the City Manager's Office, or the City Secretary's Office prior to the meeting, and shall indicate the reason for his or her inability to attend. Absences shall be considered excused if emergencies, funerals, military service, family and graduations, business obligations, official for personal illness, family illness, events including vacations, weddings, city business such as attendance at a conference for municipal officers, or for other good cause as determined by the Council. At the next regular meeting following the meeting at which the member was absent, the City Council shall consider a vote to determine whether the member's absence is deemed excused or unexcused. Absence from a regular meeting shall be considered unexcused if the member fails to convey the reason for his or her absence to the Mayor, City Manager or City Secretary or otherwise fails to give sufficient information to the City Council to enable it to determine the reason for the absence. Furthermore, absence due solely to the refusal of the member to participate in a meeting through telephonic or video conference call, when such measures are legally available to the member in accordance with state law, shall be considered unexcused when the member fails to show good cause why the member could not participate through such methods. If a member is absent for more than fifty (50) percent of a meeting without being excused by the City Council in accordance with rules and procedures established herein, the member shall be considered absent from such meeting. ACTION REQUIRED BY CITY COUNCIL Consider excusing the absence of Councilpersons Mandi Williams and Brandon Lunsford from the December 13, 2021, City Council meeting. LOUIS R. RIGBY Mayor BRANDON LUNSFORD Councilperson At Large A BRENT McCAULLEY Councilperson At Large B MANDI WILLIAMS Councilperson District 1 CHUCK ENGELKEN Councilperson District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE DECEMBER 13, 2021 BILL BENTLEY Councilperson District 3 THOMAS GARZA Councilperson District JAY MARTIN Mayor Pro Tem Councilperson District 5 ROBBIE McLARRIN Councilperson District 6 The City Council of the City of La Porte met in a regular meeting on Monday, December 13, 2021, at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00 p.m., with the following in attendance: Councilpersons present: Louis Rigby, Brent McCaulley, Chuck Engelken, Bill Bentley, Thomas Garza, Jay Martin, Robbie McLarrin Councilpersons attending remotely: None Councilpersons absent: Brandon Lunsford, Mandi Williams Council -appointed officers present: Corby Alexander, City Manager; Lee Woodward, City Secretary; Clark Askins, Assistant City Attorney CALL TO ORDER — Mavor Riabv called the meetina to order at 6:00 D.M. 2. INVOCATION — The invocation was given by Minister Rachel Cotton, Agape Centric, Inc., and pledges were led by Councilperson Robbie McLarrin. 3. PRESENTATIONS, PROCLAMATIONS, AND RECOGNITIONS a. Presentation of Houston Yacht Club activities for 2022 by Commodore Farley Fontenot. [Louis R. Rigby, Mayor] b. Recognition of citizen and new U.S. Marine Private First Class Lauryn LeGrand. [Louis R. Rigby, Mayor] c. Recognition of City employees for years of service. [Louis R. Rigby, Mayor] 4. CITIZEN COMMENT (Generally limited to five minutes per person; in accordance with state law, the time may be reduced if there is a high number of speakers or other considerations.) Frank Hernandez asked for help preventing racing in his residential neighborhood on Clarksville, perhaps with speed control devices, as well as issues with loud music at the car wash. Mark Matthews spoke on his concerns regarding local floodplain permits. John Mata, Omar Jaimes, Todd locco, and Joshua Hollub spoke in support of adoption of the UPC/UMC plumbing and mechanical codes. Norma Elliott said she didn't feel the Houston Yacht Club events benefitted the citizens. She also expressed concern over the use of the full amount of the 2021 certificates of obligation for a new city hall. 5. CONSIDERATION OF COUNCILPERSON ABSENCES Presentation, discussion, and possible action to consider classification of absence of Councilperson Mandi Williams at the December 13, 2021, City Council meeting, under the City Council Attendance Policy. [Louis R. Rigby, Mayor] This item will be handled at the January 10, 2022, meeting. 6. CONSENT AGENDA (Approval of Consent Agenda items authorizes each to be implemented in accordance with staff recommendations provided. An item may be removed from the consent agenda and added to the Statutory Agenda for full discussion upon request by a member of the Council present at this meeting.) a. Approve the minutes of the regular City Council meeting held on November 8, 2021. [Louis R. Rigby, Mayor] b. Approve Ordinance 2021-3-8-3-a ` ,"regarding amendments to Chapter 94 - 'Floods' of the City of La Porte Code of Ordinances to revise regulations and procedures for appeals and creating a floodplain management appeals board. [Teresa Evans, Director of Planning & Development] 2021-3835 was used previously for an election ordinance. 2021-3858 is the correct number and has been placed on the permanent record. c. Approval of $82,932.96 to cover expenses associated with the operation and administration of the Senior Nutrition Program at the Norman Malone Senior Center for Fiscal Year 2021 - 2022. d. Adopt Resolution 2021-66 amending the authorized representatives for TexPool Investment Pool, Resolution 2021-67 amending the authorized representatives for LOGIC Investment Pool, and Resolution 2021-68 amending the authorized representatives for TexSTAR Investment Pool. [Shelley Wolny, Assistant Finance Director] e. Adopt Ordinance 2021-3857 approving amendments to the City of La Porte Fiscal Year 2021- 22 Budget. [Shelley Wolny, Assistant Finance Director] f. Approve Resolution 2021-69 authorizing amendments to the City of La Porte Investment Policy. [Shelley Wolny, Assistant Finance Director] g. Approve rollover of the requested encumbrances from City of La Porte Fiscal Year 2021 budget to the City of La Porte Fiscal Year 2022 budget. [Shelley Wolny, Assistant Finance Director] h. Adopt Resolution 2021-65 authorizing the City Manager to sign the TXDOT IDM grant award and other documents for the TXDOT Impaired Driving Mobilization STEP Grant. [Steve Deardorff, Chief of Police] i. Authorize the City manager to execute an Interlocal Agreement between the City of La Porte and Harris County for the installation and maintenance of Red Light Enforcement Equipment (Tattle Tale Lights). [Steve Deardorff, Chief of Police] j. Authorize the City Manager to enter into Stryker maintenance contracts in the amount of $18,628.20 for cardiac equipment (heart monitors/LUCAS devices) and in the amount of $14,440.80 for patient moving devices (stretchers/stair chairs). [Lisa Camp, EMS Chief] k. Approve payment of $21,783.72 to Oakland Land and Development in accordance with Chapter 380 Agreement dated March 27, 2017, between the City of La Porte and Oakland Land & Development, Inc.[Corby Alexander, City Manager] I. Adopt Ordinance 2021-3854 for the purpose of vacating, abandoning, and closing a portion of the Ohio Street right-of-way situated between East Main Street and the North A Street right- of -way, located in Blocks 186 and 187, Town of La Porte, and authorizing execution and delivery of a deed to adjoining landowner. [Teresa Evans, Director of Planning & Development] m. Adopt Ordinance 2021-3855 for the purpose of vacating, abandoning, and closing the H Street right-of-way situated between North Broadway Street and the 8th Street right-of-way, located in Blocks 351 and 352, Town of La Porte, and Blocks 6-8, Nebraska Syndicate, and authorizing execution and delivery of a deed to adjoining landowner. [Teresa Evans, Director of Planning & Development] n. Authorize the City Manager to execute an interlocal agreement with Harris County to receive funds for drainage study in connection with for Harris County Flood Control District Bond Project C-57 (Little Cedar Bayou Drainage Improvements). [Ray Mayo, Director of Public Works] o. Award Bid #22003 (Sylvan Beach and Seabreeze Pier Repairs) to MB Western Industrial Contracting Co. and authorize the City Manager to execute a construction contract in the amount of $171,430.00, with a contingency in the amount of $30,000.00, for a total authorization of $201,430.00. [Ray Mayo, Director of Public Works p. Re -appropriate available funds of $500,000.00 to the EMS Headquarters Dorm Addition project and Award Bid #21026 (EMS Headquarters Dorm Addition) to Tucon, LLC and authorize the City Manager to enter into a construction contract in the amount of $965,001.00, plus a project contingency of $96,500.00, for a total authorization of $1,061,501.00. [Ray Mayo, Director of Public Works] q. Award Bid #22005 for Liquid Chlorine to DXI Industries and authorize the City Manager to execute a one-year contract not to exceed amended budget amounts. [Ray Mayo, Director of Public Works] r. Authorize the City Manager to execute a contract with USA Shade & Fabric Structures utilizing BuyBoard Contract #592-19 in the amount of $52,600 for the purchase and installation of shade structures for four (4) exercise pods at Fairmont Park. [Tim Miller, Director of Parks & Recreation] s. Adopt Resolution 2021-63 authorizing approval of bid by Michael A. Serrano and Virginia I. Serrano for resale of tax delinquent property described as the Northeasterly 60 feet of Lots 1 & 2, Block 20 of Bay Front Addition to the City of La Porte in Harris County, Texas. [Laura Reid, Deputy Tax Clerk] t. Adopt Resolution 2021-64 authorizing approval of bid by Quest Trust Co. FBO Patrick Mulhern Acct. No. 1409012 for the resale of tax delinquent property described as Lots 25 & 26, Block 974, Town of La Porte, Harris County, Texas. [Laura Reid, Deputy Tax Clerk] Councilperson Bentley moved to adopt the consent agenda; the motion was seconded Councilperson Engelken; the motion was adopted, 7-0. 7. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES The City Council will hold a public hearing to receive comments regarding a recommendation by the Planning and Zoning Commission to adopt Ordinance 2021-3850 amending the City's Future Land Use Map Component of the Comprehensive Plan for an approximately 3.38-acre tract of land located at 11007 W. Fairmont Parkway, legally described as Tract 1H, Abstract 625, R. Pearsall Survey, by changing the land use designation from "Mid -High Density Residential" to 'Business Industrial'; followed by discussion and possible action to consider adopting Ordinance 2021-3850 amending the City's Future Land Use Map Component of the Comprehensive Plan for an approximately 3.38-acre tract of land located at 11007 W. Fairmont Parkway, legally described as Tract 1 H, Abstract 625, R. Pearsall Survey, by changing the land use designation from "Mid -High Density Residential" to 'Business Industrial'. [Teresa Evans, Director of Planning & Development] Mayor Rigby opened the public hearinq at 7:04 p.m. Owner Tammy Millstid answered questions about the use of the property. Mark Follis spoke as a member of the Planning and Zoning Commission and their review of the application. Mayor Rigby closed the public hearing at 7:32 p.m. Councilperson Bentley moved to adopt Ordinance 2021-3850 amending the City's Future Land Use Map Component of the Comprehensive Plan for an approximately 3.38-acre tract of land located at 11007 W. Fairmont Parkway, legally described as Tract 1 H, Abstract 625, R. Pearsall Survey, by changing the land use designation from "Mid -High Density Residential" to 'Business Industrial'; the motion was seconded by Councilperson McCaulley; the motion was adopted, 6-1, Mayor Pro Tern Martin voting against. b. The City Council will hold a public hearing to receive comments regarding a recommendation by the Planning and Zoning Commission to adopt Ordinance 2021-3851 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Special Conditional Use Permit #21-91000006, to allow for Business Industrial (BI) uses on a 3.38-acre tract of land, legally described as Tract 1 H, Abstract 625 R, Pearsall Survey in the Planned Unit Development (PUD) zoning district; followed by discussion and possible action to consider adopting Ordinance 2021-3851 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Special Conditional Use Permit #21- 91000006 to allow for Business Industrial (BI) uses on a 3.38-acre tract of land, legally described as Tract 1H, Abstract 625 R, Pearsall Survey in the Planned Unit Development (PUD) zoning district. [Teresa Evans, Director of Planning & Development] Mayor Rigby opened the public hearinq at 7:46 p.m. There were no public comments. Mayor Rigby closed the public hearinq at 7:46 p.m. Councilperson Bentley moved to adopt Ordinance 2021-3851 amendinq the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Special Conditional Use Permit #21- 91000006, to allow for Business Industrial (BI) uses on a 3.38-acre tract of land, legally described as Tract 1 H, Abstract 625 R, Pearsall Survey in the Planned Unit Development (PUD) zoning district; the motion was seconded by Councilperson Garza; the motion was adopted, 6-1, Mayor Pro Tern Martin votina aaainst. c. The City Council will hold a public hearing to receive comments regarding a recommendation by the Planning and Zoning Commission to adopt Ordinance 2021-3852 amending the City's Future Land Use Map Component of the Comprehensive Plan for an approximately 0.27-acre tract of land located at the northeast corner of N. 1st St. and W. Madison St., and legally described as Lots 13-16, Block 108, Town of La Porte, by changing the land use designation from "Commercial" to "Mid -High Density Residential"; followed by discussion and possible action to consider adopting Ordinance 2021-3852 amending the City's Future Land Use Map Component of the Comprehensive Plan for an approximately 0.27-acre tract of land located at the northeast corner of N. 1st St. and W. Madison St., and legally described as Lots 13-16, Block 108, Town of La Porte, by changing the land use designation from "Commercial" to "Mid -High Density Residential". [Teresa Evans, Director of Planning & Development] Mayor Rigby opened the public hearinq at 7:48 p.m. There were no public comments. Mayor Rigby closed the public hearinq at 7:58 p.m. Councilperson Garza moved to adopt Ordinance 2021-3852 amendinq the City's Future Land Use Map Component of the Comprehensive Plan for an approximately 0.27-acre tract of land located at the northeast corner of N. 1 st St. and W. Madison St., and legally described as Lots 13-16, Block 108, Town of La Porte, by changing the land use designation from "Commercial" to "Mid -High Density Residential"; the motion was seconded by Councilperson Bentley; the motion was adopted, 7-0. d. The City Council will hold a public hearing to receive comments regarding a recommendation by the Planning and Zoning Commission to adopt Ordinance 2021-3853 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Zone Change #21- 92000003, a change from General Commercial (GC) to Mid Density Residential (R-2) for a 0.27-acre tract of land located at the northeast corner of N. 1 st St. and W. Madison St., and legally described as Lots 13-16, Block 108, Town of La Porte; followed by discussion and possible action to consider adopting Ordinance 2021-3853 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Zone Change #21-92000003, a change from General Commercial (GC) to Mid Density Residential (R-2) for a 0.27-acre tract of land located at the northeast corner of N. 1st St. and W. Madison St., and legally described as Lots 13-16, Block 108, Town of La Porte. [Teresa Evans, Director of Planning & Development] Mayor Rigby opened the public hearinq at 8:00 p.m. There were no public comments. Mayor Rigby closed the public hearinq at 8:00 p.m. Councilperson Garza moved to adopt Ordinance 2021-3853 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Zone Change #21- 92000003, a change from General Commercial (GC) to Mid Density Residential (R-2) for a 0.27-acre tract of land located at the northeast corner of N. 1 st St. and W. Madison St., and legally described as Lots 13-16, Block 108, Town of La Porte; the motion was seconded by Councilperson Bentley; the motion was adopted, 7-0. The Council recessed from 8:01-8:12 p.m. 8. STATUTORY AGENDA a. Presentation, discussion, and possible action to approve Phase 2 of the La Porte Recreation and Fitness Center renovation plan and provide direction on how to proceed with funding for the project. [Lindsay French, Recreation Superintendent] Councilperson McCaulley moved to approve Phase 2 and ask the La Porte Development Corporation to fund Phase 2 of the La Porte Recreation and Fitness Center renovation plan; the motion was seconded by Councilperson Bentley; the motion was adopted, 6-1, Councilperson Garza votina aaainst. b. Presentation, discussion, and possible action regarding the City of La Porte's adoption of the 2018 International Code Council (ICC) editions and the 2020 National Electrical Code with local amendments. [Louis R. Rigby, Mayor] Councilperson Garza moved the staff be clearly directed to return with a better presentation as to a recommendation and involve both sides to the discussion; the motion was seconded by Mayor Pro Tern Martin; the motion was adopted, 6-1, Councilperson Engelken voting against. c. Presentation, discussion, and possible action regarding a COVID mitigation recognition program. [Louis R. Rigby, Mayor] No action was taken. d. Presentation discussion, and possible action regarding Ordinance 2021-3856 renaming Fairmont Park West Park. [Louis R. Rigby, Mayor] The Mayor noted the Facilities Naming Committee met this afternoon and agreed to recommend renaming the Fairmont Park West Park to Monarch Park. Councilperson McCaullev moved to adopt Ordinance 2021-3856 to rename Fairmont Park West Park to Monarch Park; the motion was seconded by Councilperson Bentley; the motion was adopted, 7-0. e. Presentation, discussion, and possible action to provide direction to staff on the applicability of the current Sponsorship Policy on fundraising banquets for organizations with which the City has an existing relationship. [Louis R. Rigby, Mayor] Councilperson Engelken moved to direct staff to brinq back a revised sponsorship policy including that purchases rtickets/tablesl for functions for organizations of which the City is a member will not require Council approval; the motion was seconded by Councilperson Garza; the motion was adopted, 7-0. 9. ELECTION MATTERS a. Presentation, discussion, and possible action regarding election services for the May 7, 2022, general and special elections. [Louis R. Rigby, Mayor] Councilperson McCaullev moved to move forward with contracting with Harris County so all voters will be able to vote at a single polling location; the motion was seconded by Councilperson Bentley; the motion was adopted, 7-0. 10. REPORTS a. Receive report on the La Porte Development Corporation Board meeting. [Councilperson Engelken] Councilperson Engelken announced the Committee had met and approved funding for identified budget projects, had approved a project with Battleground Saloon for $27,308, and approved renewing a thirty-six month contract with the Bay Area Houston Economic Partnership. c. Receive report on the Drainage and Flooding Committee meeting. [Mayor Pro Tern Martin] Mayor Pro Tern Martin noted the Committee was not able to meet and expects to meet again on January 10. 11. ADMINISTRATIVE REPORTS • City Council meeting, January 10 • Planning and Zoning Commission meeting, January 20 • City Council meeting, January 24 • Zoning Board of Adjustment meeting, January 27 City Manager Corby Alexander reported staff will be following up with Mr. Hernandez. He said the City Christmas Party would happen Friday at Sylvan Beach Pavilion. Mr. Alexander said he and Matt Hartleib would be serving pancakes in the morning at 9:30 and invited the Council to join the gathering. 12. COUNCIL COMMENTS Hear announcements concerning matters appearing on the agenda; items of community interest; and/or inquiries of staff regarding specific factual information or existing policy from the Mayor, Councilpersons, and City staff, for which no formal action will be discussed or taken. Councilpersons congratulated the individuals recognized this evening; expressed appreciation for staff assistance in getting a fencing permit for a resident this week; noted Christmas on Main was fun and had a great turnout and also recognized how hard the Parks and Public Works staff worked; thanked Public Works for new sidewalks in Fairmont Park in District 3; commended U.S. Marine Private Lauryn LeGrand and wished all a safe and very Merry Christmas and a prosperous new year. ADJOURN — Without objection, the Council adjourned at 9:48 p.m. Lee Woodward, City Secretary REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 10, 2022 Requested By: Tim Miller, Director Department: Parks & Recreation • Report c - Resolution (- Ordinance Exhibits: Access Report, Bid Tabulation, Aztec Remodelinq and Landscapinq Company Bid Appropriation Source of Funds: 015 (General) 015-8080-552-1100 Account Number: 015-9892-700-9150 Amount Budgeted: $133,920 Amount Requested: $133,920 Budgeted Item: • Yes No SUMMARY & RECOMMENDATION Bid #22004 for the Pecan Fence Fabric Replacement was opened and read on November 16, 2021. The Notice to Bidders was advertised in the Bay Area Observer on October 28th and November 11th, as well as being posted on Public Purchase and the City of La Porte's Website. Twenty-six (26) vendors downloaded the bid package and three (3) bids were received. Aztec Remodeling & Landscaping Company was the low bidder in the amount of $124,000.00 and their references have been checked. The Access Report, Bid Tabulation and Aztec Remodeling & Landscaping Company's Bid has been attached as exhibits. This project will include new nine (9) gauge, black coated fencing at all ten (10) ballfields. The low bid was submitted by Aztec Remodeling & Landscaping Company. All bids exceeded the project budget of $93,500 funded through the Capital Improvement Project (CIP) budget. In an effort to follow through with the project, there is an available balance of $100,000.00 in CIP contingency funding. Staff is requesting City Council to approve additional funding of $40,420.00 from the CIP contingency budget to cover increased cost and an eight (8) percent contingency. Staff recommends awarding Bid #22004 to Aztec Remodeling & Landscaping Company in the amount of $124,000.00 and allow an 8% construction contingency of $9,920.00. The total authorization for the Pecan Park Fence Fabric Project will be $133,920.00. ACTION REQUIRED BY CITY COUNCIL Award Bid #22004 to Aztec Remodeling & Landscaping Company in the amount of $124,000.00 for the Pecan Park Fence Fabric Project, with a contingency amount of $9,920, for a total authorization of $133,920.00 Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date City of la Porte Bid Tabulation Sealed Bid #22004 Pecan Park Fence Fabric Replacement Aztec Remodeling & Landscaping Company Custer Fence LLC Swift Corporation, LLC Item 1 New 9 gauge, black coated fabric fencing at all 10 fields $ 73,500.00 $ 97,500.00 $ 113,000.00 Item 2 Labor for installing new fabric fencing $ 45,500.00 $ 84,350.00 $ 50,000.00 Item 3 Removal and disposal of existing fabric fencing at all 10 fields $ 5,000.00 $ 20,800.00 $ 25,000.00 Total $ 124,000.00 $ 202,650.00 $ 188,000.00 PLEASE SELECT AND i • ONLY ONE •N FORMS THATFOLLOW. i ONLY THE FORM THATAPPLIES TO YOUR BUSINESS TYPE 1.A Bid Execution By a Corporation The undersigned, hereby acknowledges having received Solicitation Number 22004 containing a full set of Contract Documents, including but not limited to, 1) Requirements for Bidding and Instructions to Bidders, @) Standard Terms and Conditions - General Conditions, 3) Special Conditions, 4) Contract Plans or Drawings (if applicable), 5) Detailed Specifications, 6) Proposal Pages, 7) Certifications and 8) Addenda Nos. (none unless indicated here) 1$42 and affirms that the corporation shall be bound by all the terms and conditions contained in the Contract Documents regardless of whether a complete set thereof it attached to this proposal or bid, except only to the extent that the corporation has taken express written exception thereto in the sections of this solicitation designated for that purpose. Under penalty of perjury, the undersigned: (1) warrants that he/she was authorized to submit this execution page on behalf of the Disclosing party; (2) warrants that all certifications and statements contained in the execution pages are true, accurate and complete as of the date the execution page was submitted; and (3) further warrants that, as of the date of submission of this solicitation there have been no changes in circumstances since the date that the Execution page was submitted that would render any certification in the execution page false, inaccurate or incomplete. Furthermore, the undersigned being duly sworn, deposes and says on oath that no disclosures of ownership interests have been withheld and the information provided therein to the best of its knowledge is current and the undersigned has not entered into any agreement with any other Bidder (proposer) or prospective Bidder (proposer) or with any other person, firm or corporation relating to the price named in this proposal or any other proposal, nor any agreement or arrangement under which any act or omission in restraint of freedom of competition among Bidders (proposers) and has not disclosed to any person, firm or corporation the terms of this bid (proposal) or the price named herein. Proposals must be submitted with original signatures in the space provided. Proposals not properly signed will be rejected. SIGNATURE OF PRESIDENT'S: (Or Authorized Officer) Aztec remodeling i landscaping company (Print or .- (Signature) president BUSINESS ADDRESS: pobox t4V99 rook,Tx 77586 (Print or Type) *Note: In the event that this bid (proposal) is signed by other than the President, attach hereto a certified copy of that section of Corporate By -Laws or other authorization, such as a resolution by the Board of Directors, which permits the person to sign the offer for the Corporation. ATTEST: (Corporate Se ry Signatu State of County of �) (Affix Corporate Seal) This instrument was acknowledged before me on this > day of a f 20���' by,,'�,3 as President (or other authorized officer) and as Secretary of b O, •;°au K,' (Corporation Name). (Seal) ' r V,r ' Commission Expires: �- Notary Publi" Signature �+ TRC°Y MORRIS NOTARY PUBLIC • STATE OF TM 100 10 71 q� COi . UP, 01-1 -2022 N La Porte Estaklisked 1892 'TEXAS Extended Pri Location: Z 3 M., If 0 1 Lump Sum Materials 6v. . a ;) "I a Cherell Daeurner, Purchasing Manager Description: New 9 gauge, black coated fabric fencing at all 10 fields. Item 2 Quantity/UOM 1 Lump Sum Labor Extended Price ut) - L Location: Pecan Park 3600 Canada Road, La Porte TX 77S71 Description: Labor for installing new fabric fencing at all 10 fields. Item 3 Quantity/UOM 1 Lump Sum Removal and Disposal Extended Price $ �5�-Tv, C-L) PUP# =a. I Do you allow for payments using the City's Procurement Card Provider, CitiBank (this is the preferred payment mothod in many instances)? �Y,!n If "yes", discount offered % PLEASE INDICTE IF A CERTIFIED HUB VENDOR: Yes No, Company Name: e �_3 -2- ( & C Authorized "I '3C ­ ) PA-q A — A VA (Printed Name) Telephone No: Authorized Signer: � �L "nure) E-mail: LI-5L r—M , L&r" 2 �3 e Bid No. 22004 E~taklisk~dlBV2 Cherell Daeurner, Purchasing Manager The City ofLaPorte General Terms and Conditions for Bidding and Contracts are posted on the Citv'avveb8be: and are incorporated into this document 6» reference. An electronic PDF copy may be requested by calling 281-470-05126 or e-mailing initials 1. To comply with all instructions, provision of required documents, specifications �� j-) 2. That they have not conspired with any other potential supplier orperson Or official in any manner to attempt to control competitive pricing 3. That they are duly qualified, capable and bondable business entity not iO receivership orcontemplating same, and has not filed for bankruptcy 4. Affirms that they will not discriminate against any employee or applicant as prohibited by law. Failure to comply may result in termination of contract. 5. Bidder has read and understands the General Terms and Conditions for Bidding and Contracts. Authorized (same asinitials, above) 77;- Printed l4|Pa,ge City of La Porte Purckasing Department A Estaklisked 1892 Cherell Daeurner, Purchasing Manager TEXAS ADDENDUM NUMBER I SEALED BID #22004 Pecan Park Fence Fabric Replacement November 03, 2021 Please use the Bid Bond form, attached, to include with your Sealed Bid #22004. The form was omitted when the original bid was posted. Please acknowledge receipt of this addendum and return this form with your sealed bid. I acknowledge that I have read and understand Addendum No. I and the attached Bid Bond Form by way of my signature below. Signature: Izz, Printed Name: Date: z2g 0 Regards, Ashley Lovercheck Buyer 604 W. Pairmont Partway a, La Porte, Texas 77571 a (281)470-5123 ;q, www.laportetx.gov City of La Porte Purckasing Department Estaklisked 1892 Cherell Daeumer, Purchasing Manager ADDENDUM NUMBER 2 SEALED BID #22004 Pecan Park Fence Fabric Replacement November 9, 2021 This addendum is to include the Bid Execution By a Corporation form that was omitted when the original bid was posted. Please acknowledge receipt of this addendum and return this form with your sealed bid. I acknowledge that I have read and understand Addendum No. I and the attached Bid Bond Form by way of my signature below. Signature: Printed Name: Date: Regards, Ashley Lovercheck Buyer 604 W. Fairmont Par6ay o, La Porte, Texas 77571 & (281)470-5123 a www.laportetx.gov City of La Porte Purckasing Department Estaklisked 1892 Cherell Daeumer, Purchasing Manager ADDENDUM NUMBER 3 SEALED BID #22004 Pecan Park Fence Fabric Replacement November 15, 2021 This addendum is to provide clarification to the fabric fence description. -Commercial grade fabric fencing to be used is 9ga core. Please acknowledge receipt of this addendum and return this form with your sealed bid. I acknowledge that I have read and understand Addendum No. 1 and the attached Bid Bond Form by way of my signature below. Signature:. Printed Name: --cs C I'll k6 A-ft.[69 OF'q ]-� 6- Date: Regards, Ashley Lovercheck Buyer 604 W. Fairmont Parkway a, La Porte, Texas 77571 '*:-, (281)470-5123 v www.laportetx,gov CONFLICT OF INTEREST QUESTIONNAIRE FORM &Q7 For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. -Name of vendor who has a business relationship with local governmental entity. Checkthis box if you arefiling an updateto a previously filed questionnaire. (The law requiresthatyou filean updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) D3 Name of local government officer about whom the information is being disclosed. Name of Officer :41 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government off icer or a family member of the off icer AND the taxable income is not received from the local governmental entity? E:1 Yes ILI' No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. -�j Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts El as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). Signature of vendor doing buslnesg� �hthe governmental entity Date Form provided byTexas Ethics Commission wwmethics. atam.m.us Revised 11/30/2015 - 0 I, -3 -� - t) Vo �-\ (Person name), the undersigned representative of (Company or Business name) RP_ e,),% c, Lkz= A rt'_\ 00oLMANY (hereafter referred to as company) being an adult over the age of eighteen (18) years of age, do hereby verify that the company named -above, under the provisions of Subtitle F, Title 10, 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract the above -named This statement is exempt for sole proprietorship vendors, vendors who have less than 10 full time employees and contracts that are under $100,000 of public funds. Pursuant to Section 2270. 001, Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in on Israeli -controlled territory, but does not include an action made for ordinary business purposes, and 2. "Company" means a for -profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Z DATE SIGNATURE OF COMPANY REPRESENTATIVE 1892 Cherell Daeumer, Purchasing Manager References: Please PRINT orTYPE here, the names addresses and other contact information of persons in s management � � capacitywh2reother similar work has been provided within the |ast8xe(5)yeacs,oriscurrently being provdeothat may bevv/Uhgtopnaidean�erenceand recommendauonfor your nompany Failure oocomplete and submit this form may bccause tod�qua|Uyyour propnsoiRe�ren�must Atleast Zreferences should becurrent and ofasimilar size and scope. Contractor shall also indicate the date services were performed and a brief description of the type of project completed for each reference provided. Company Name Contact Address Telephone E-mail Company Name Contact Address Telephone E-mail Company N a me Contact Address Telephone E­rrail . Company Name Contact Address Telephone E-mail Company Name Contact Address Telephone E-mail / Company NaTne Contact Address Telephone E-mail S��lty of �a Porte 1892 Cherel|Dmumer,Purchasing Manager Reference check Form Vendor Name: Aztec Remodeling and Landscaping Co I. How long have you used Aztec Remodeling and Landscaping Co in aparitv? Are they currently engaged with your company? `y ra, a |fnot, when did you use their memices Z. H,:w many different projects have you worked with Aztec Remodeling and Landscaping Cmun(nasimilar capacbv?Please give Project details including dates cost, and general description (feel free toattach additional sheet, (nneeded}. a. Dnascale pfone ,dten, with ten being completely satisfied and one being completely unsatisfiedhow would you r�ethe fuUmwing: ' a. Overall reliability 9 u. Overall vendor ability oomeet timelines ordeadlines 9 c Overall vendor personnel experience leve10 4. Onascale ofone to ten, with ten being excellent and one being unsatisfactory, how would you rate the holbwing: a. The company's attitude toward customer service? 10 u. The company's ability toresolve problems? 10 c The company's overall performance? 10 I Or. a scale of one to ten, with ten being "absolutely would" and one being "absolutely would not", would you recommend this vendor tosomeone? 10 0 myovropinion what are the vendor's u. Strengths? Response tocustomer needs, attention to details, good quality of work C. Additional Comments? Richard Makover RAM Ar-,hitects 60A W, Fairmont Parkway r. La Porte, Texas 77571 a (281)470-5123 in www.loportetx.gov 9 000000 0 • C .. o o ci C5. • _r • • • 0'0 00 ON ON us ,s ON ON cc wl v u m .E .� •uI W Lij X u F- .� 00 SB9 cc c 0 U L LU 0 a,a ) at Q) m a- al c� sn —j ui 4A LU ® i%j 0 rkl C) %3 rNs o cq CN of L La- Ame 1,61.6.1 jaw" RvAsonce Chock spnm low Iqlhage YOU vast ma Zf., Fe" vav, .r. in, P at 'fop 4. "T " m 01 "n'tt'rz, With too Satz ten "p,&-in 's 0 ThP mmy -aa '3Q wpf46' not JAIN BUD BOND for Sealed Bid #22004 Pecan Park Fence Fabric Replacement STATE OFTEXAS § /— § SURETY'S NO. 11162021 COUNTY OFHARRtS O KNOW ALL MEN BYTHESE PRESENTS, THAT Aztec Remodeling and Landscaelng Co. (hereinafter called the principa0.asPrincipal and The Ohio Casualty Insurance Company (hereinafter called .the Surety), as Surety, are bound unto the City of La Porte, Texas, ahome rule municipal corporation of Harris County, Texas r called Obligee) in the amount of Dollars . for the payment whereof said Principal and Surety bind themselves, and their heirs, odnninistratono, executors, successors and eoo(gms' jointlyand severally, firmly bythese presents. WHEREAS, the Principal has submitted a Bid to enter into a certain written Contract with Obligee for Bid No. 22OO4-Pecan Park Fence Fabric Replacement NOW, THEREFORE, THE CONDITION C)FTHIS OBLIGATION |8SUCH, that if the said Principal shall faithfully, enter into such written Contract, then this obligation shall be void; otherwise to remain in full force and effect. IT IS EXPRESSLY UNDERSTOOD AND AGREED that if said Principal should withdraw its Bid anytime after such Bid is opened and before this Bid Bond is returned or before official �a���' ^ . or, ifsuccessful insecuring the award thereof, said Principal should fail toenter into the Contract and furnish satisfactory Performance Bond and Payment Bond, and other required contract documents, the {)b/iQee, in either oYsuch events, shall be entitled and is hereby given the right to collect the full amount of this Bid Bond 0eciion00431 O�dBond Fonm PROVIDED, further that if any legal action be filed upon this Bond, venue shall lie in Harris County, Texas. IN WITNESS WHEREOF, the said Principal and Surety do sign and seal this instrument this 5th day of November _,2021 . Aztec Remodeling and Landooep|nqCo. By: Address: —Seabrook, TX 77586 NOTE: Attach Power of Attorney The Ohio Casualty lnsuran�e Company Address: 7900 Windrose Ave. Piano, TX 75024 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. eT All lual SURETY Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWERF ATTORNEY Certificate No: 8202432-969130 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Lee R. Stevens; Mark A. Congdon; Nicholas J. Stevens all of the city of Sykesville state of MD each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 25th day of October , 2019 Liberty Mutual Insurance Company P� tNSURq P,11 INS& %NsuR The Ohio Casualty Insurance Company j=�°APO �To2m =c°RPOR�rF 2n 4 xl O okq 1 0 West American Insurance Company 919123 y 1919 o s 1991 0 ¢� `La>�f7 *Ush�dD O�yNaMPs�adas� rs�'NolaNr dam B 1 A Qq k ICE y: David M. Carey, Assistant Secretary g State of PENNSYLVANIA County of MONTGOMERY ss c O of I On this 25th day of October , 2019 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance o 2 Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes a) > therein contained by signing on behalf of the corporations by himself as a duly authorized officer s `n L j O t � 1� �O ;.c Q) i� Pennsylvania, on the day and year first above written. By: W rl- C C6 LL p r!) O This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual -: 0" Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: o C ARTICLE IV — OFFICERS: Section 12. Power of Attorney. a) Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the D President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety > o any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall �p N have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such "-' °O instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the E M provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. c °O 0 ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. 0 Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, H shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. 1, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American, Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 5th day of November , 2021 �4 1NSU� P,I,( INS& `y %NSuli j 3G°µPoggr�a��m e 3°°RPo��f'gy iG@-ooRPO " Ryr� yn a m u ? o 1912 rn r� h0 021919�0 1991 0 By HIJ a yo3y NA*PsB� .rs� o* ' Renee C. Llewellyn, Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co 062018 IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, �• COMMONWEALTH OF PENNSYLVANIA _ - u Notarial Seal Teresa Pastella, Notary Public Upper Merlon"rwp., Montgomery County My Commission Expires March 28, 2021 t * Member, Pennsylvania Association of Notaries REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 10, 2022 Requested By: Tim Miller, Director Department: Parks & Recreation • Report Resolution Ordinance Exhibits: Genrq Electrical Solutions, LLC Bid, Bid Tabulation. Appropriation Source of Funds: 015 (General) Account Number: 015-8080-552-4653 Amount Budgeted: $469,508 Amount Requested: $469,508 Budgeted Item: • Yes No SUMMARY & RECOMMENDATION Bid #22008 for the Broadway Trail Lighting Project Phase II was opened and read on December 14, 2021. The Notice to Bidders was advertised in the Bay Area Observer on November 18t" and November 25t", as well as being posted on Public Purchase. Thirty eight (38) vendors were notified with twenty two (22) vendors downloading the bid package. Four (4) bids were received. Genrg Electrical Solutions, LLC, which was the company who completed the Phase I project and did a satisfactory job, was the low bidder in the amount of $426,825. All of their references have been checked. The Access Report, Bid Tabulation, and Genrg Electrical Solutions, LLC bid has been attached as exhibits. The low bid was submitted by Genrg Electrical Solutions, LLC. The bid was lower than the projected budget of $429,172.00 funded through the Capital Improvement Project (CIP) budget. Monies left over from Phase 1 will be used to provide for a contingency, Staff recommends awarding Bid #22008 to Genrg Electrical Solutions, LLC in the amount of $426,825 and allow a 10% construction contingency of $42,683 which will come from the remaining balance of the phase one project. The phase one project has a remaining balance $88,987. The total authorization for the Broadway Trail Lighting Project Phase II will be $469,508. ACTION REQUIRED BY CITY COUNCIL Award Bid #22008 to Genrg Electrical Solutions LLC in the amount of $426,825 for the Broadway Trail Lighting Project Phase II, with a contingency amount of $42,683, for a total authorization of $469,508. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date C��LaP�te Genrg Electrical Solutions ULC Bid of dba Leggio Electric Sec4lon010410 BidFonn December14, 2021 DATE: anindividual proprietorship, acorporation organized and existing under laws of the State of Texas,opartnership consisting of Bradley Page and Rodney �� for the Broadway Trail Lighting Project -Phase 11 for the City of La Porte, Harris County, Texas. The undersigned bidder has carefully examined the Instructions to Biddem, this Proposal, the General Conditions of Agreement, the Technical Specifications and the drawings for the work herein above described and referred to in the Invitation to Bid and has carefully examined the site of the work and will provide all necessary labor, superintendenoe, mouhinery, equipment, tools, matehe|e, services and other means of construction to complete all the work upon which he bida, as called for in the Contract, the Specifications and shown on the drawings, and in the manner prescribed therein and according to the requirements ofthe City ofLaPorte. Total Lump Sum Written **Four Hundred twenty-six thousand eight hundred twenty-five and no/1 00 dollars" It is understood and agreed that the work shall be complete in full within 195 calendar days after the date onwhich work istobecommenced @s established bythe Contract Documents. It is agreed that the contract price may be increased or decreased to cover work added or deleted by order of the Engineer, in accordance with the provisions of the General Conditions of Agreement. The undersigned agrees that the amounts bid inthis proposal will not bewithdrawn mmodified for sixty (60) days following date of bid opening. It is understood that the bid security accompanying this proposal shall be returned to the undersigned un|eam, in case of the acceptance of this proposal the undersigned should fail to enter into e construction contract and execute bonds anprovided inthe specifications. |nthe event the undersigned should fail to enter into a construction contract and execute bonds as required within 14 calendar days after the Engineer has given unsigned contracts tothe ContnauLor, it is understood and agreed that the bid security shall be forfeited to the Owner and shall be considered as payment for damages due to delay and other inconveniences suffered by the Owner as a result of such failure on the part of the undersigned. C��La��e Gect�cn 00200 |tkaunderstood that the Owner reserves the right horeject any and all bids. In the event of Award of the Contract to the undersigned, the undersigned agrees to furnish Performance and Payment Bonds as provided in the Specifications. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final Company Genrg Electrical Solutions LLCdbaLoggioElectric 832QDixie Drive, Houston, TX 77087 (Address) 713-644-2051 (Telephone Number) ocuounUng@|aggima|ecthc.00m (Email Address) SEAL (if Bidder is aCorporation) Acknowledge receipt ofAddenda Below: � Addendum No. °_____ Date Received x�� City of LaPorte Purckasing Department IstakliskeJT892 Decemberl3, 2021 Cherell Daeumer, Purchasing Manager Please see the following information below as provided by the Engineer regarding unit item/ description codes: rxooThas updated the unit hem/dezcodes nsfollows. They are still labeled asthe same description with the exception ofCONDUIT (PVC)(SCHD4U)(Z^)(o0RE)mYSTEEL CASING. That one has been broken into 2 items and is listed below. The new description codes are as follows: CONDUIT (pvc(ScHD4o)<z^)CONCRETE ENCASED oNOW 618eo2s CONDUIT (PVC)(SCHD 40)(2")(BORE) W/STEEL CASING IS NOW BROKEN INTO (2) ITEMS AND ARE AS FOLLOWS: cONDmT(pvc)(ocHn40)<2^>(aoRE)'6zoaoZ4coNDunlpvcK5[Ho4o)(z^)(sTLswC5E) 6186026 The quantities for these stay the same au7s7UF sLscCONDUCTOR (mo.I)BARE oNOW 6zo6017 This should stay asaNo. I. Please acknowledge receipt of this addendum and return this form with your sealed bid. | acknowledge that have rea d understandAddendum No. Iand the attached Bid Bond Form byway ur of my sig ? Signatu Printed Name: Date: Q Regards, Sandie Scarborough, CPSM,CP.M. Contract Administrator 604 W. Fairmont Parkway s La Porte, Texas 77571 s (281)470-5123 a www.laportetx.gov The foregoing prices shall include all labor, materials, equipment, removal, overhead, profit, freight, insurance, etc., to cover the finished work specified in this bid. All items bid and installed under this procurement must be new and unused and in undamaged condition. The City of La Porte is tax exempt and no taxes shall be included in the pricing of this solicitation. Respondent understands that the Owner reserves the right to reject any or all bids and t4 waive any informalities in the solicitation. The respondent agrees that this solicitation shall be good and may not be withdrawn for a tAr) rnm !!!!!!!!! nr ri�mrr,�=nj The undersigned affirms they are duly authorized to represent this firm, that this proposal has not been prepared in collusion with any other firm, and that the contents contained herein have not been communicated to any other firm prior to the official opening. Genrg Electrical Solutions LLC dba Leggio Electric Business Name: 6329 Dixie Drive Houston, TX 77087 FSHUMIMMIM INM secton 00300 3' La FoF+e -orms "1"1111 A 1, ir M I�11 City of La Porte Ordinance #98-2217 prohibits any expenditure for goods or services by the City of La Porte from any person, firm, or corporation owing any delinquent indebtedness to the City. The undersigned respondent further certifies that it is in compliance with the requirements of said ordinance. A copy of the ordinance may be obtained by contacting the City of La Porte Purchasing Division at 281-470-5126. FRI 111 11311 Mweltme im� I I 1 0 11 � I Well or I I I I I ! I I I I I I! I! i I I •i I I I •I I I I I 1 1; I MM 1* - ,MOMF i * =a* Ml MWITe 0 X, The undersigned hereby certifies that it is in compliance with Ordinance 98-2217. Or EMEM Business Name: Genrg Electrical Solutions LLC c1ba Leggio Electric 6329 Dixie Drive Address: Houston, TX 77087 Printed Name: I -9C3-cJ1- Authorized Signature: Date: of 1 Porte S, C" 003"00 City o' Poi F -te Foinns CITY OF LA PORTE PROTECTION OF RESIDENT WORKERS COMPLIANCE The City of La Porte, Texas actively supports the Immigration and Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (1-9). The Contractor shall establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. Business Name: Genrg Electrical Solutions LLC dba Leggio Electric Address: 6329 Dixie Drive Houston, TX 77087 Printed Name: Authorized Signature: Date: City of La Po, te SecdonOU3OO Cif�v 0�1 La Porte corms To the fullest extent permitted by ksw/ Contractor, its nuCC8seors, assigns and guarantors, shall pay, def8nd, indemnify and hold henn|eas the City of La P0rte, its agents, myprSsentetives, officers, directOrs, officials and employees from and against all a|leAsdione, demands, proneedings. Su|tu' ootiona, c|oinns, including n{einna of patent or copyright infringement, dennaQeo' |USSeo, expenoea, including but not limited to, aUorney'S#»eo. court costs, and the cost nfappellate pnooaedinga, and all C|aino adjusting and handling exponoea, related to, arising from or out of or resulting from any actions, aute, errors, mistakes or omissions caused in whole or part by Contractor relating to vvO[h' aen/icgS and/or products provided in the performance of this Contnaot, including but not limited to, any Subcontractor or anyone directly Or indirectly employed by or working as an independent contractor for Contractor Or said Subcontractors or anyone for whose acts any of them may be liable and any injury or damages claimed by any of Contractor's and Subcontractor's employees orindependent contractors. The Contractor expressly understands and agrees that any insurance po|inksa required by this oontnact, or otherwise provided by the Contractor, shall in no vvGy limit the responsibility to indemnify, keep and save harmless and defend the City of La Porte, its Council members, officers, agents and employees and herein provided. GenrgElectrical Solutions LbCdbaLeeeiDElectric Business Name: 6329Dixie Drive Address: Houston, TX77O87 Printed Name: Authorized Signature: CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.S. 23, 84th Leg., Regular Session. OFFICE USE OM1lLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176,006, Local Government Code. An offense under this section is a misdemeanor. 11 Name of vendor who has a business relationship with local governmental entity. Genrg Electrical Solutions LLC dba Leggio Electric Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) IJ Name of local government officer about whom the information is being disclosed. N/A Name of Officer Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and 8 for each employment or business relationship described. Attach additional pages to this Form CIO as necessary, A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? F-1 Yes F-1 No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? 71 Yes E:1 No Describe each employment or business relationship that the vendor named in Section I maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. 61 EJCheck this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 21 1Z Signature of vendorob6ing bu-449bss with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 1' ;y d' La Port, 1=airr­s References: Please PRINT or TYPE here, the names, addresses and other contact information of persons in a management capacity where other similar work has been provided within the last five (5) years, or is currently being provided that may be willing to provide a reference and recommendation for your company. Failure to complete and submit this form may be cause to disqualify your proposal. References provided must be for similar events. At least 2 of the 4 required references should be current and of a similar size and scope. Contractor shall also indicate the date services were performed and a brief description of the type of event, and any other pertinent information involved for each reference provided. Company Name Contact Address Telephone E-mail Pinnacle Construction Cody Owens 308 W. Parkwood #104A 281-993-2500 0V11Eu ij,.]a clecons!r u et io n.curr Friendswood, TX Multiple projects: Ireland Outreach ($400K); Ref -Chem ($440k): Friendswood Memory Care ($233k) Company Name Contact Address Telephone E-mail Construction Masters of Houston Justin Davis PO Box 1587 281-997-2640 -<!c, Pearland, TX Multiple projects: Dickinson ISD parking lights, Sheldon ISD, San Jacinto College, Texas Gulf Bank/Freeport Company Name Contact Address Telephone E-mail Generators of Houston Dan Traani 6106 Milwee St. 713-812-7284 t-x rn Houston TX Latest oro) - .t' P .nF -d Credit Union imdar9rnrind and gpnaratnr inctallat' n Company Name Contact Address Telephone E-mail MACO Construction Michael Jenkins 1718 Humble Place 713-453-1234 onstruction com Humble, TX 77396 Completed: North Central Church Student Center ($212k); Wisenbaker Reeveston ($298K) Company Name Contact Address Telephone E-mail Energy Systems Southeast Jeff Webb 3535 Veterans Circle 404-617-0415 s^;?i Birmingham, AL 35235 Completes: Lone Star College ($303K) House Bill 89 VERIFICATION 1, w 3 (Person name), the undersigned representative of (Company or Business name Genrg Electrical Solutions LLC c1ba Leggio Electric (hereafter referred to as company) being an adult over the age of eighteen (18) years of age, do hereby verify that the company named -above, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270:: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract the above-naml il!l�!!Il 1111111113rl ill 111 This statement is exempt for sole proprietorship vendors, vendors who have less than 10 full time employees and contracts that are under $100,000 of public funds. Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel*" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes; and 2. "Company" means afor-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. DATE SIGNATURE OF COMPANY REPRESENTATIVE Qualification Statement 1. Primary Contact: Cecil Merrill, 713-644'205l, Z. Genrg Electrical Solutions LLC is incorporated in the State of Texas and has been in business since June 2018. 3. The following property and equipment available tubidder: a 7OOOSquare foot warehouse b. Bucket Truck c. Scissor lift d. 7fully equipped service vehicles e. Trailer 4. Performance record: a. Construction Masters/Dickinson |SD -$34,753 b. Pentagon Federal Credit Union $310,400 c. North Central Church Student Center -$212,234 d. San Jacinto College -Welcome Center -$S1,O0O e. City ofLaPorte Broadway Trail Lights -$34S\0OO f. Excargo - $74,475 g. Lone Star College $303,765 h. Champions Fire Station 11- $39,009 i. Missouri City, City Hall $71,297 j. Clean Harbor Office $64,758 k. VViaenbokerReeveston,$2OS,49Z |. HavenwoodApt (High Vo|ta8e),$7S,6U3 5. Current projects: a. BrazoriaCounty Storage Building, $64758;lDY6complete b. Sheldon |SD, $63,451; 3596complete c. Beasley Tire, $130850;Z896complete d. Harris Co. ESD24`$2S5,5OU;1Y6complete e. Little York Fire Station 82; $41,500; 096complete f. 6uajardoOrthodontics, $58,0O8;4896complete g. Webster Medical Office, $148,800; 18%oonnp|ete h. Clean Harbor Maintenance Building, $93,47O;1596complete 6. No contracts which resulted in lawsuit. 7. No contracts defaulted. 8. The bidder has never filed bankruptcy while performing work of like nature or magnitude. 9. No principals have ever been associated with contracts that resulted in lawsuits, contracts defaulted or filed for bankruptcy. 10. The work is to be supervised by a Master Electrician who has 25 years of experience and by a licensed journeyman who has 20 years of experience. The remainder of the crew will be journeymen and apprentice electricians with experience in excess of 10 years on average. 11. Genrg Electrical Solutions LLCaoquired the assets and client base ofLeggio Electrical Company in June of 2018. Leggio Electrical Company had been in continuous business providing electrical services since 1967. Genrg Electrical Solutions LLC has taken the vast experience and reputation of Leggio Electric Company as a foundation to build an even stronger commercial electrical contractor service. Bid Tabulation to Sealed Bid #22008 - Broadway Trail Lighting Project, Phase II Total Base Bid Florida Traffic Genrg Electrical Highway Intelligent Pfeiffer & Son, Ltd. $559,470.35 $426,825.00 $496,293.12 $532,650.00 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 10, 2022 Requested By: Cherell Daeumer, Manager Department: Finance/Purchasing • Report c - Resolution (- Ordinance Exhibits: TIPS Interlocal Agreement Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: r Yes • No SUMMARY & RECOMMENDATION Per the Interlocal Cooperation ACT, V.C.T.A Government Code, Chapter 791, government entities may enter into joint contracts and agreements for the performance of governmental functions and services including administrative functions normally associated with the operation of government such as purchasing supplies and services. The Interlocal Purchasing System (TIPS) is designed to give its members additional awarded contract tools to assist their entities in meeting bidding requirements. All awarded contracts through TIPS have been through a competitively bid process that comply with all State purchasing laws. Staff is requesting approval to enter into an Interlocal Agreement with TIPS to utilize cooperative purchasing contracts. There is currently a contract for vehicles that Staff has identified, which is a separate agenda item for consideration. There is no membership fees to be a member of TIPS. ACTION REQUIRED BY CITY COUNCIL Approval to execute an Interlocal Agreement with The Interlocal Purchasing System to utilize cooperative contracts. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date AN INTERLOCAL AGREEMENT Between Region 8 Education Service Center and a TEXAS PUBLIC ENTITY OR LOCAL GOVERNMENT (School, College, University, State, City, County, or Other Political Subdivision) TEXAS PUBLIC ENTITY NAME Region 8 Education Service Center Pittsburg, Texas Control Number (TIPS will Assign) Schools enter County -District Number 225 - 950 County -District Number Texas Education Code §8.002 permits regional education service centers, at the direction of the Commissioner of Education, to provide services to assist school districts, colleges and universities in improving student performance and increasing the efficiency and effectiveness of school, college and university operations. Authority for an Interlocal agreement to provide such services is granted under Texas Government Code § 791 et seq as amended. Cooperative Purchasing Services under this agreement are extended to all Texas State, City or County Government Agencies, or any other legally eligible Local Government Entity as defined in the Texas Government Code § 791.003. This Interlocal Agreement (hereinafter the "Agreement") is effective and shall be automatically renewed unless either party gives sixty (60) days prior written notice of non - renewal. This Agreement may be terminated without cause by either party upon (60) days prior written notice, or may also be determined for cause at any time upon written notice stating the reason for and effective date of such terminations and after giving the affected party a thirty (30) day period to cure any breach. Statement of Services to be Performed: Region 8 Education Service Center, by this Agreement, agrees to provide cooperative purchasing services to the above -named public entity through a Program known as The Interlocal Purchasing System (TIPS) Program. The purpose of the TIPS Program shall be to improve procurement process efficiencies and assist in achieving best value for participating School District, University, College, Community College, City, County or Other Public Agencies through cooperative purchasing. Roles of the TIPS Purchasing Cooperative: • Provide for the organizational structure of the program. • Provide staff for efficient operation of the program. • Promote marketing of the TIPS Program. • Coordinate the Competitively Bid Process for all Vendor Awarded Contracts. • Provide members with procedures for placing orders through TIPS PO System. • Maintain filing system for Due Diligence Documentation. • Collect fees from vendors to support the costs of operations of TIPS. Role of the Public Entity: Commit to participate in the program by an authorized signature on membership forms. Designate a Primary Contact and Secondary Contact for entity. Region 8 ESC TIPS Interlocal Agreement for Texas Members Revised 2-27-2017 - RP Page 1 of 3 Commit to purchase products and services from TIPS Vendors when in the best interest of the entity. Submit Purchase Orders and/or Vendor Contracts through the TIPS PO System byemailing the pdf document to tipspoktips-usa.com. Accept shipments of products ordered from Awarded Vendors. Process Payments to Awarded Vendors in a timely manner. General Provisions: The Parties agree to comply fully with all applicable federal, state, and local statutes, ordinances, rules, and regulations in connection with the programs contemplated under this Agreement. This Agreement is subject to all applicable present and future valid laws governing suchprograms. This Agreement shall be governed by the law of the State of Texas and venue shall be in the county in which the administrative offices of RESC 8 are located which is Camp County, Texas. This Agreement contains the entire agreement of the Parties hereto with respect to the matters covered by its terms, and it may not be modified in any manner without the express written consent of the Parties. If any term(s) or provision(s) of this Agreement are held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions of this Agreement shall remain in full force and effect. The Parties to this Agreement expressly acknowledge and agree that all monies paid pursuant to this Agreement shall be paid from legally appropriated and budgeted available funds for the current fiscal year of each such entity. No jointly owned property shall be created by this agreement and, therefore, no provision to dispose of jointly held property is required. Before any party may resort to litigation, any claims, disputes or other matters in question between the Parties to this Agreement shall be submitted to nonbinding mediation. The site of the mediation shall be in Camp County, Texas or a site mutually agreed by the parties. The selection of the mediator shall be mutually agreed. The cost of mediation shall be shared equally. No Party to this Agreement waives or relinquishes any immunity or defense on behalf of themselves, their directors, officers, employees, and agents as a result of its execution of this Agreement and performance of the functions and obligations described herein. This Agreement may be negotiated and transmitted between the Parties by electronic means and the terms and conditions agreed to are binding upon the Parties. Authorization: Region 8 Education Service Center and The Interlocal Purchasing System (TIPS) Program have entered Region 8 ESC TIPS Interlocal Agreement for Texas Members Revised 2-27-2017 - RP Page 2 of 3 into an Agreement to provide cooperative purchasing opportunities to public agencies. This Agreement was approved by the governing boards of the respective parties at meetings that were posted and held in accordance with the Texas Open Meetings Act, Texas Government Code Chapter 551. (If required by the entity.) The individuals signing below are authorized to do so by the respective parties to this Agreement. Member Entity: Purchasing Cooperative Lead Agency: Region 8 Education Service Center Entity or District Name By: By: Authorized Signature Authorized Signature Dr. David Fitts Title: Executive Director Region 8 ESC Print Name: Title: Date Date Public Entity Contact Information Primary Purchasing Person Name Fax Number Street Address Primary Person Email Address City, State Zip Secondary Person Name Telephone Number Secondary Person Email Address The state of Texas requires an Interlocal Agreement be approved by the respective entities governing board. You may email completed Interlocal Agreement to tips@tips-usa.com. Region 8 ESC TIPS Interlocal Agreement for Texas Members Revised 2-27-2017 - RP Page 3 of 3 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 10, 2022 Requested By: Teresa Evans, Director Department: Planning & Development Report r Resolution rt Ordinance Exhibits: Ordinance 2022-3859, Deed, Area Map, Appraisal Summary Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: Yes • No SUMMARY & RECOMMENDATION The City of La Porte Planning & Development Department received an application from Darryl Schroeder of Maverick Construction, on behalf of Esco International Trading, LLC; to vacate, abandon and close the eastern forty (40) feet of the North 18t" Street right-of- way located between the Tyler Street and West Madison Street rights -of -way, located in Blocks 654 and 655, Town of La Porte. The abandonment process requires that all adjacent property owners either participate in the closure or sign away rights to their portion of the proposed closure. Southern Pacific Railroad Company, the only other adjacent property owner, decided not to participate in the closure request and did not authorize conveyance of their portion of the described North 18t" Street right-of-way. Due to Southern Pacific Railroads lack of participation, the applicant is only requesting the closure of the eastern half (40 feet) of the eighty (80) foot right-of-way. The total area of the requested closure is 16,000 square feet. The area to be closed and abandoned will be incorporated into the existing development to the east. Planning staff has determined there are no City or franchised utilities existing within the right-of-way. Comcast, AT&T and CenterPoint, the three (3) franchise utility companies, have all provided letters of no objection to the proposed right-of-way closure. In accordance with Sections 62-32 of the City's Code of Ordinances, the City obtained an appraisal of the subject right-of-way to establish fair market value. The appraisal report established a value of $2.00 per square foot. The applicant has submitted closing fees in the amount of $32,000 (16,000 sq. ft. x $2.00) to the City. These funds are being held in escrow subject to final consideration and action by City Council. Staff recommends City Council approve street and alley closure request #21- 25000007, vacating, abandoning and closing the eastern 40 feet of the North 18t" Street right -of- way located between the Tyler Street and West Madison Street rights -of -way, located in Blocks 654 and 655, Town of La Porte ACTION REQUIRED BY CITY COUNCIL Approve or deny Ordinance 2022-3859 for street and alley closure request #21- 25000007, vacating, abandoning and closing the eastern 40 feet of the North 18tn Street right-of-way located between the Tyler Street and West Madison Street rights -of -way, located in Blocks 654 and 655, Town of La Porte, and authorizing the execution and delivery of a deed to the adjoining landowner. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date ORDINANCE NO.2022-3859 AN ORDINANCE VACATING, ABANDONING AND CLOSING THE EASTERN FORTY (40) FEET OF THE NORTH 18TH STREET RIGHT-OF-WAY, SITUATED BETWEEN THE TYLER STREET AND WEST MADISON STREET RIGHTS -OF -WAY, LOCATED IN BLOCKS 654 AND 655, TOWN OF LA PORTE, AND AUTHORIZING THE EXECUTION AND DELIVERY OF A DEED TO THE ADJOINING LANDOWNER; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; CONTAINING A SEVERABILITY CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte has been requested by the record owner of the property abutting the eastern forty (40) feet of the North 18th Street right-of-way situated between the Tyler Street and West Madison Street rights -of -way, located in Blocks 654 and 655, Town of La Porte, and containing 16,000 square feet, to vacate, abandon and close said right -of way, and; WHEREAS, the City Council of the City of La Porte has determined and does hereby find, determine, and declare that the eastern forty (40) feet of the North 18th Street right-of-way situated between the Tyler Street and West Madison Street rights -of -way, located in Blocks 654 and 655, Town of La Porte, and containing 16,000 square feet, is not suitable, needed, or beneficial to the public as a public road, street, or alley, and the closing of the eastern forty (40) feet of the North 18th Street right-of-way situated between the Tyler Street and West Madison Street rights -of -way, located in Blocks 654 and 655, Town of La Porte, and containing 16,000 square feet, is for the protection of the public and for the public interest and benefit, and that the eastern forty (40) feet of the North 18th Street right-of-way situated lec-ated between the Tyler Street and West Madison Street rights -of -way, located in Blocks 654 and 655, Town of La Porte, should be vacated, abandoned, and permanently closed. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Under and by virtue of the power granted to the City of La Porte under its home rule charter, Chapter 62 of the City of La Porte Code of Ordinances and Chapter 253, Texas Local Government Code, the eastern forty (40) feet of the North 18th Street right-of- way situated between the Tyler Street and West Madison Street rights -of -way, located in Blocks 654 and 655, Town of La Porte, and containing 16,000 square feet, is hereby permanently vacated, abandoned, and closed by the City of La Porte, such right-of-way being generally illustrated on Exhibit "A" incorporated herein, and further described to wit: BEING A TRACT CONTAINING 0.3673 ACRES OF LAND LOCATED ALONG THE J. HUNTER SURVEY, A-35, IN HARRIS COUNTY, TEXAS. SAID 0.3673 ACRES BEING THE EAST ONE-HALF (1/2) OF NORTH 18TH STREET, AN 80 FOOT WIDE RIGHT-OF-WAY (R.O.W.)(UNIMPROVED), SITUATED BETWEEN WEST MADISON STREET, A 60 FOOT WIDE R.O.W. (UNIMPROVED) AND TYLER STREET, A 60 FOOT WIDE R.O.W. (UNIMPROVED), IN THE CITY OF LA PORTE, HARRIS COUNTY, TEXAS. SAID 0.3673 ACRES FURTHER BEING LOCATED WEST OF AND ADJACENT TO THE BLOCK 654, MAP OF LA PORTE, A SUBDIVISION RECORDED IN VOLUME 58, PAGE 462 OF THE HARRIS COUNTY DEED RECORDS (H.C.D.R.). SAID 0.3673 ACRES BEING MORE 2 PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS (BEARINGS ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM OF 1983, SOUTH CENTRAL ZONE, BASED ON OPS OBSERVATIONS): COMMENCING at a 5/8 inch iron rod found at the northwest corner of Block 618 of said Map of La Porte, being at the southeast intersection of said North 18th Street and West Barbours Cut Boulevard (80 foot width), and from which a 3/4 inch iron rod found at the northwest corner of Block 614 of said Town of La Porte bears North 86 degrees 54 minutes 56 seconds East, 1,304.00 feet; THENCE, with the east R.O.W. line of said North 18th Street, the following two (2) courses: 1.) South 03 degrees 05 minutes 04 seconds East, a distance of 940.00 feet to a 5/8 inch iron rod found at the POINT OF BEGINNING, the northwest corner of aforesaid Block 654 and being at the southeast intersection of said North 18th Street and aforesaid West Madison Street; 2.) South 03 degrees 05 minutes 04 seconds East, a distance of 400.00 feet to a 5/8 inch capped iron rod stamped "GBI Partners" set at the southwest corner of said Block 654 and being at the northeast intersection of said North 18th Street and aforesaid Tyler Street; THENCE, through and across said North 18th Street and with the north R.O.W. line of said Tyler Street, South 86 degrees 54 minutes 56 seconds West, a distance of 40.00 feet to a 5/8 inch capped iron rod stamped "GBI Partners" set at the centerline of said 18th Street; THENCE, with said centerline, North 03 degrees 05 minutes 04 seconds West, a distance of 400.00 feet to a 5/8 inch capped iron rod stamped "GBI Partners" set on the south R.O.W. line of said West Madison Street; THENCE, with said south R.O.W. line, North 86 degrees 54 minutes 56 seconds East, a distance of 40.00 feet to the POINT OF BEGINNING and containing 0.3673-acre of land, more or less. Section 2. That the abandonment, vacation and closure provided for herein is made and accepted subject to all present zoning and deed restrictions if the latter exist, and all easements, whether apparent or non -apparent, aerial, surface or underground. Section 3. That the abandonment, vacation and closure provided for herein shall extend only to the public right, title, easement and interest and shall be construed to extend only to that interest which the governing body for the City of La Porte may legally and lawfully abandon, vacate and close. Section 4. That the City Manager is hereby authorized to execute and deliver a Deed Without Warranty to the abutting owner upon completion of all conditions and requirements set forth in this Ordinance. Section 5. That the abutting property owner shall pay all costs associated with procedures necessitated by the request to abandon the eastern forty (40) feet of the North 18th Street right-of-way situated between the Tyler Street and West Madison Street rights - of -way, located in Blocks 654 and 655, Town of La Porte, and containing 16,000 square feet, as described in this Ordinance, plus compensation for the market value of 3 such abandoned property in accordance Chapter 62 of the City of La Porte Code of Ordinances. Section 6. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place, and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered, and formally acted upon. The City Council further ratifies, approves, and confirms such written notice and the contents and posting thereof. Section 7: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 8. If any part or portion of this ordinance shall be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair any remaining portions or provisions of the ordinance. Section 9. This ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED THIS loth day of JANUARY 2022. ATTEST: CITY OF LA PORTE, TEXAS Louis R. Rigby, Mayor APPROVED AS TO FORM: Lee Woodward, City Secretary Clark Askins, Assistant City Attorney DEED WITHOUT WARRANTY NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Date: January 2022 Grantor: CITY OF LA PORTE, TEXAS, a municipal corporation Mailing Address: 604 West Fairmont Parkway, La Porte, TX 77571 Grantee: ESCO INTERNATIONAL TRADING, LLC Mailing Address: 2600 S. Loop W. Suite 30ON Houston, TX 77054 Consideration: Ten and No/100 Dollars ($10.00) cash and other good and valuable considerations Property: (including any improvements): Being the eastern forty (40) feet of the North 181h Street right-of-way situated Iee-ated between the Tyler Street and West Madison Street rights -of -way, located in Blocks 654 and 655, Town of La Porte, and containing a total of 16,000 square feet, and be more fully described as follows: BEING A TRACT CONTAINING 0.3673 ACRES OF LAND LOCATED ALONG THE J. HUNTER SURVEY, A-35, IN HARRIS COUNTY, TEXAS. SAID 0.3673 ACRES BEING THE EAST ONE-HALF (1/2) OF NORTH 18TH STREET, AN 80 FOOT WIDE RIGHT-OF-WAY (R.O.W.)(UNIMPROVED), SITUATED BETWEEN WEST MADISON STREET, A 60 FOOT WIDE R.O.W. (UNIMPROVED) AND TYLER STREET, A 60 FOOT WIDE R.O.W. (UNIMPROVED), IN THE CITY OF LA PORTE, HARRIS COUNTY, TEXAS. SAID 0.3673 ACRES FURTHER BEING LOCATED WEST OF AND ADJACENT TO THE BLOCK 654, MAP OF LA PORTE, A SUBDIVISION RECORDED IN VOLUME 58, PAGE 462 OF THE HARRIS COUNTY DEED RECORDS (H.C.D.R.). SAID 0.3673 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS (BEARINGS ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM OF 1983, SOUTH CENTRAL ZONE, BASED ON OPS OBSERVATIONS): COMMENCING at a 5/8 inch iron rod found at the northwest corner of Block 618 of said Map of La Porte, being at the southeast intersection of said North 18th Street and West Barbours Cut Boulevard (80 foot width), and from which a 3/4 inch iron rod found at the northwest corner of Block 614 of said Town of La Porte bears North 86 degrees 54 minutes 56 seconds East, 1,304ft; THENCE, with the east R.O.W. line of said North 18th Street, the following two (2) courses: 1.) South 03 degrees 05 minutes 04 seconds East, a distance of 940.00 feet to a 5/8 inch iron rod found at the POINT OF BEGINNING, the northwest corner of aforesaid Block 654 and being at the southeast intersection of said North 18th Street and aforesaid West Madison Street; 2.) South 03 degrees 05 minutes 04 seconds East, a distance of 400.00 feet to a 5/8 inch capped iron rod stamped "GBI Partners" set at the southwest corner of said Block 654 and being at the northeast intersection of said North 18th Street and aforesaid Tyler Street; THENCE, through and across said North 18th Street and with the north R.O.W. line of said Tyler Street, South 86 degrees 54 minutes 56 seconds West, a distance of 40.00 feet to a 5/8 inch capped iron rod stamped "GBI Partners" set at the centerline of said 18th Street; THENCE, with said centerline, North 03 degrees 05 minutes 04 seconds West, a distance of 400.00 feet to a 5/8 inch capped iron rod stamped "GBI Partners" set on the south R.O.W. line of said West Madison Street; THENCE, with said south R.O.W. line, North 86 degrees 54 minutes 56 seconds East, a distance of 40.00 feet to the POINT OF BEGINNING and containing 0.3673-acre of land, more or less. Reservations from and Exception to Conveyance and Warranty: This conveyance is made subject to all and singular the restrictions, conditions, oil, gas, and other mineral reservations, easements, and covenants, if any, applicable to and enforceable against the above described property as reflected by the records of the county clerk of the aforesaid county. Grantor for the consideration and subject to the reservations from and exceptions to conveyance, conveys to Grantee the property without express or implied warranty, and all warranties that might arise by common law and the warranties in §5.023 of the Texas Property Code (or its successor) are excluded. Attest: City of LaPorte, Texas Lee Woodward City Secretary Approved as to form: Clark T. Askins Assistant City Attorney Corby D. Alexander City Manager STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on the day of January 2022 by Corby D. Alexander, City Manager of the City of La Porte, Texas, a municipal corporation. Notary Public, State of Texas AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: ASKINS & ASKINS, P.C. ASKINS & ASKINS, P.C. P.O. Box 1218 P.O. Box 1218 La Porte, TX 77572-1218 LaPorte, TX 77572-1218 # 14 fill �iwsm in.,% 11 X1 top u 9r- ROW CLOSURE SAC #21-2S0000007 N. 18th St. Legend C7Proposed ROW Closure ' This roduct is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on -the -ground survey and represents only the approximate relative location of property boundaries FYI % 1 inch 100 fee SEPTEMBER 2021 PLANNING DEPARTMENT ;I.S.P. W-101-1 Exhibit Page 3 of 3 Pages w86*54!56"E 1.304-000 --- --V`-- ---�u 414^I.e �8.�� T -� ( �---- --- \ ' \ \ __- L_ --- _-- --- -� ---' -- | _ | --- \ --- --| | _� Q. W �_- | --\ L_ \ ��()�� �4�-� � d � �- --- �1C>CK 643-- --' - | --- \ ___ --- -\ ___ _� ���� �� "» ___ \ �- --- ___ \ \ --- --' --� E_ - --- --- -�| \ CL A p0ATE_� \\VD�6 7,PG. / | H.C.OR[ \ - -----1 \ ,3LOCK 655--� -- --� �- | - -----1 L_ -- -- -~ -- --1 �- | — \\ -----\ \ -- -1 .. �- N88*54!56^E SET Q S86*54!58^W ��U/buw STREET NK 60'R.OA (umIMrxvvcw 0. __ �_____ �l��- \ | ���e�_- -� �- --- --' - --- --- --1 �- - --- --- --] [-- --- --- --__ LA P(JRTF - -- VOL.58' PG.4G2_ - -- - }���R. f_____ BLOCK 654-- --' -----1 �- o w -- -- -- -� F- .. -- --- -- \ | _ --- -- --- -�\ \ \ | � ET TYLER STREET 00'R.0A(mwmrRwvc") -----lF---- ��/Wi�|� �~����/��|| 0.3673 ACRE OF LAND BEING THE EAST ONE-HALF OF NORTH 18TH STREET SITUATED BETWEEN WEST MAQ|SON STREET TBI AND TYLER STREET IN THE CITY OF LA PORTE, HARR|S COUNTY, TEXAS FND. FOUND H.C*D.R. HARRIS COUNTY DEED RECORDS I.R. IRON ROD P.O.B. POINT OF BEGINNING PO.C. PO4NT OF COMMENCING R.O.W. RIGHT—OF—WAY SET SET 5/8 INCH CAPPED IRON ROD STAMPED "GBI PAKNERS� 1. Bearings are referenced to the Texas Central Zon.rb'osed on GPS observations. Distances are surface values and may be converted to grid by applying the combined adjustment factor 0.99988387059. 2. See Pages 1-2 of 3 Pages for metes and bounds description. Exhibit Page 1 of 3 Pages County: Harris Project: N. 181h St., La Porte Job No.: 212404 M&B No.: 21-326 FIELD NOTES FOR 0.3673 ACRE Being a tract containing 0.3673 acre of land located along the J. Hunter Survey, A-35, in Harris County, Texas. Said 0.3673 acres being the east one-half (1 /2) of North 18th Street, an 80 foot wide Right -of -Way (R.O.W.)(Unimproved), situated between West Madison Street, a 60 foot wide R.O.W. (Unimproved), and Tyler Street, a 60 foot wide R.O.W. (Unimproved), in the City of La Porte, Harris County, Texas. Said 0.3673 acre further being located west of and adjacent to the Block 654, Map of LaPorte, a subdivision recorded in Volume 58, Page 462 of the Harris County Deed Records (H.C.D.R.). Said 0.3673 acre being more particularly described by metes and bounds as follows (bearings are referenced to the Texas Coordinate System of 1983, South Central Zone, based on GPS observations): COMMENCING at a 5/8 inch iron rod found at the northwest corner of Block 618 of said Map of LaPorte, being at the southeast intersection of said North 18`h Street and West Barbours Cut Boulevard (80 foot width), and from which a 3/4 inch iron rod found at the northwest corner of Block 614 of said Town of La Porte bears North 86 degrees 54 minutes 56 seconds East, 1,304.00 feet; THENCE, with the east R.O.W. line of said North 181h Street, the following two (2) courses: 1.) South 03 degrees 05 minutes 04 seconds East, a distance of 940.00 feet to a 5/8 inch iron rod found at the POINT OF BEGINNING. the northwest corner of aforesaid Block 654 and being at the southeast intersection of said North 18th Street and aforesaid West Madison Street; 2.) South 03 degrees 05 minutes 04 seconds East, a distance of 400.00 feet to a 5/8 inch capped iron rod stamped ­GBI Partners' set at the southwest corner of said Block 654 and being at the northeast intersection of said North 18th Street and aforesaid Tyler Street; THENCE, through and across said North 181h Street and with the north R.O.W. line of said Tyler Street, South 86 degrees 54 minutes 56 seconds West, a distance of 40.00 feet to a 5/8 inch capped iron rod stamped "GBI Partners" set at the centerline of said 18ih Street; THENCE, with said centerline, North 03 degrees 05 minutes 04 seconds West, a distance of 400.00 feet to a 5/8 inch capped iron rod stamped "GBI Partners" set on the south R.O.W. line of said West Madison Street; THENCE, with said south R.O.W. line, North 86 degrees 54 minutes 56 seconds East, a distance of 40.00 feet to the POINT OF BEGINNING and containing 0.3673 acre of land, more or less. Exhibit Page 2 of 3 Pages THIS DESCRIPTION WAS PREPARED BASED ON A SURVEY MADE ON THE GROUND UNDER THE DIRECTION OF KYLE B. DUCKETT, RPLS 6340, FILED IN THE OFFICES OF GBI PARTNERS UNDER JOB NO.212404. GBI Partners TBPELS Firm # 101303 Ph: 281.499.4539 August 23, 2021 R.C. Chuoke & Associates, Inc. Appraisers & Consultants P.O. Box 1447 Office- 281-338-9633 League City, Texas 77574 Fax- 281-338-9533 October 4, 2021 City of La Porte P.O. Box 1115 La Porte, Texas 77572 Dear Sirs: In accordance with your request, I have inspected the following described property for the purpose of estimating the Market Value following described property as of the date of this analysis. As per our agreement, the data and analysis is presented in an abbreviated Restricted Appraisal format and is not intended to contain the full analysis. BRIEF LEGAL DESCRIPTION OF PROPERTY Known as +-16,00o square feet of land out of the North 18th Street ROW which is an unopened street right of way situated between West Madison Street and West Tyler Street, La Porte, Harris County, Texas. I hereby certify that I have personally inspected the property described from the public street and that all data gathered by my investigation is from sources believed reliable and true. In preparing this Restricted Appraisal, a study of comparable sales and other related market data was performed. Per instructions from the client this market value indication does not reflect any discounting for use as a public right of way. It should clearly be understood that this letter only constitutes only a statement of the final value and that does not presume to be the complete analysis of the subject property nor a complete appraisal format and is subject to the preparation of a detailed/self contained appraisal report. The subject property is a portion of unopened North 18th Street Right of Way is described by the survey as a total of +-0.3673 acres or 16,00o square feet of land area. This right of way to be abandoned is 40 feet X 400 feet. This right of way is located situated between West Madison Street and West Tyler Street in central eastern La Porte. The topography of the subject site is generally flat and level in terms of topography. It is not located in the too year flood plain. Adjacent property uses consist primarily of light industrial property uses. The adjacent and nearby properties on appear to be zoned for light industrial use by the City of La Porte. ... Page 3.... The Highest and Best Use of the subject property is determined to be for use either for a street right of way, however it may have an alternative use by adjacent property owners (assemblage) due to its configuration. The client and intended user of this appraisal is the City of La Porte only. The intended use is to estimate the current market value of the subject property of this analysis as described above for use in establishing a market value for the subject property by the client. There has been no transfer of the subject property noted for the past 36 months per appraisal district records. The effective date of the appraisal is September 20, 2021 and last site inspection is September 20, 2021. The date of the report is October 4, 2021. The estimated exposure time is up to 24 months. Other sales of generally similar properties in the subject neighborhood were researched that had locations that range from primary to secondary type roadways. A unit value range of between $0.95 PSF to over $4.00 PSF was noted. After adjustments, it is my opinion the estimated unit value range for the subject property would be a unit value of $2.00 PSF. Therefore the unit market value of the subject tract is estimated at $2.00 PSF or a total of $38,000, which is based on i00% fee simple ownership with no discounting applied for use as a public right of way. Respectfully Submitted, Chris Chuoke, President R.C. CHUOKE & ASSOCIATES, INC. CITY OF LA PORTE STREET AND ALLEY CLOSING APPLICATION REQUEST (Article 11- Vacating, Abandoning and Closing Streets and Alleys, Sec. 62-31 through 62-35, Cade of Ordinances) Please complete page 1 of the application packet and return to the Planning & Development Department prior to the application process. Upon receipt, staff will review your request to determine if an application will be accepted by the city. I. APPLICANT'S CONTACT INFORMATION: f !! NAME: iilart-\/ ! Sc �o�(lp� PHONE#: 1 3---4-iY +30G a E-MAIL Darryl ,56raeCgr6? A(4y'@,rrCkcos1S�rqc,41or?,ne-b MAILING ADDRESS: cY 4 Zo k f � 1, Pao o J I jjoystbj),Txq II. APPLICANT'S PROPERTY DESCRIPTION (ADJACENT TO PROPOSED STREET and/or ALLEY CLOSING): T� S L ADDRESS: `'f D 1 1V 44 Oi^+e e rx 71 -;-?-/ HCAD ID NO. (13-DIGITS): V 2 q—yql F D 5 ! t e !? L e 71 '' XY we I LEGAL DESCRIPTION (LOT, BLOCK, SUED.): LT5 116kO 92 SI OGk 69y LA por4t 2.2156 Ae III. DESCRIPTION OF STREET/ALLEY TO BE VACATED, ABANDONED AND CLOSED: STREET DESCRIPTION: 1 j #y�,tT-+/0a57- !/fr'�!1 / ljt/'�+L�TJ�a) ALLEY DESCRIPTION: IV. APPLICANT'S STATEMENT OF REASON FOR CLOSING REQUEST: /Z,AV.4 1 ex 5;-ro Z)eye/et?�'irewi'L I hereby request to file a Street/Alley Closing Application under the terms of Chapter 62, Article 11. "Vacating, Abandoning and Closing Streets and Alleys", Section 62-31, et seq., Code of Ordinances of the City of La Porte. Applicant's Signature (r -./ 4/. --z i Date of Submission CITY OF LA PORTE STREET/ALLEY CLOSING APPLICATION CHECKLIST Under the terms of Chapter 62, Article II. "Vacating, Abandoning and Closing Streets and Alleys", Section 62-31, et seq., Code of Ordinances of the City of La Porte, the following documentation is required to accompany a street/alley closing application: Please check each box indicating documentation included in your application submittal: ❑ 1. Reason for Closing Request (Sec. 62-31, Item 1) A statement by the applicant of the reason for the request (Item No. IV of Application — Pg. 1) (, cl L- c—a� ha, IF F O -r c�--vve( $ ❑ Official Survey (Sec. 62-31, Item 2) - A survey, showing the street or alley sought to be vacated, abandoned and closed, or portion thereof by a licensed Texas public surveyor, drawn to a scale of not less than one inch equals fifty (50) feet. Survey must include legal description and full metes and bounds description for area of property sought to be vacated, abandoned and closed ❑ 3. Attorney Opinion Letter (Sec. 62-31, Item 3) — An opinion letter by a duly licensed state attorney that the applicant has good fee simple title to the property adjacent and contiguous to the street or alley, or portion of a street or alley, south to be closed, shall be attached to such application. In addition, there shall be attached to such opinion letter, either original or photo copies of the recorded instrument vesting fee simple title in the applicant, and an original or photo copy of the owner's title policy issued by a reputable title insurance company doing business in the county, guaranteeing the title to the applicant's adjacent property. c�,A- (I 7 T- ( ❑ 4. Application Fee (Sec. 62-31, Item 4 & Sec. 62-32, Item a) — A cashier's check made payable to "City of La Porte" in the amount of $300,00 for each separate street or alley, or portion of a street or alley sought to be closed. ❑ 5. Exhibit "A" - Hold Harmless Agreement (Sec. 62-31, Item 5) - A statement waiving any personal claims for damages against the City and further agreeing to save and hold harmless the City from any other claims that may arise against the City in vacating, abandoning and closing any street or alley or portion thereof. Notarization required. ❑ 6. Exhibit "B" (Adjacent Property Owner's Consent/Hold Harmless Agreement) - Written statement from any and all property owners whose property lies adjacent to such street or alley with a waiver of claims for damages. Notarization required. ❑ 7. Six Month Withdrawal Statement (Sec. 62-31, Item 61 - A statement by the applicant that the application shall be considered withdrawn if all required actions under Section 62, Article II, of the City of La Porte Code of Ordinances has not been completed within six months from the date of written notification by the City to applicant that the application is administratively complete. ❑ S. Letter of "No Objection" from each of the City's Franchised Utility, Companies ❑ a. Centerpoint Energy ❑ b. AT&T / Southwestern Bell ❑ c. Comcast EXHIBIT "A" (Applicant Hold Harmless Agreement) City of La Porte Planning & Development Department 604 West Fairmont Parkway La Porte, Texas 77571 Attn: City Planner I have filed an application with the City of La Porte to permanently vacate, abandon, and close the following public right(s)-of-way within the City of La Porte. Description of Right -of -Way (Street Name): �u¢�✓e-& /t/ A"44 /• 5 D -,V � �i/� � '�'• Description of Alley (Block/Subdivision): I am the current owner of the property described below: i . Property Address (if available): LI 41 tv - ) 6 Th C. + 2. Harris County Appraisal District Tax ID No.: ©efi/—®71—OX3 4"l.00W -071 d f —edd 3. Property Legal Description (Lot, Block, Subd.): 101-4 This letter constitutes my written consent to vacating, abandoning and closing of the above described p lic right-of-way by the City of La Porte. I hereby waive any personal claims for damages against the City of La Porte and further agree to save and hold harmless the City from any other claims that may arise against the City in vacating, abandoning, and closing the above described public right(s)-of-way. 0,Cft Printed Name of Applicant Applicant's Sig a Applicant's Mailing Address The State of —FOCounty of Wft1 5 Before me, U�1 a notary public, on this day personally appearedown to me (or proved to me on the oath of J to be the person whoseVmeLi! subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this day of d3ne, A.D., TRACSHOE YMAKER � ary Public�int,�re •: My Notary ID # 12273041 '.,1j.F.•,,+�. Expires Mch lQ, 2025 OF - Notary Publi Printed or Typed Name Commission xpiration Date CITY OF LA PORTE PLANNING DEPARTMENT 604 W. Fairmont Parkway, La Porte, TX 77571 www.laportetx.gov Phone: (281) 471-5020 / Fax (281) 470-5005 APPLICANT'S SIX-MONTH WITHDRAWAL STATEMENT I parr SChroeckr (Applicant's printed name) understand that my Street and Alley Closing Application will be considered withdrawn if all required actions under Sec. 62 Article II of the City of La Porte Codes of Ordinances has not been completed within six months from date of r,,iritten notification by city to applicant, that the application is administratively complete. C-/c-01.1 Applicant's Signature Date 03/16/2021 Mohamed Kamel Esco International Trading, LLC 2600 S. Loop W. Suite 300 N Houston, TX 77054 Our address of the land: 401 N 16"' st La Porte Tx 77571 ROW of North I8"' Street from West Maddison Street south to Tyler Street and the ROW of Tyler Street from North 19"' Street east to North 16"' Street located adjacent to Block 653 and Block 654, LaPorte Texas, a subdivision in Harris County, Texas according to the map or plat thereof recorded in Volume 58, Page 462 and Volume 725, Page 92 of the Deed Records of Harris County, Texas. ANN HARRIS BENNETT Ztis Cor, TAX ASSESSOR -COLLECTOR & VOTER REGISTRAR 4j L P.O. BOX 3547 r���{ HOUSTON, TEXAS 77253-3547 r TEL: 713-274-8000 * a 2 4 0 7 1 0 5 3 0 0 0 1 APG INDUSTRIAL LAPORTE LLC 470 NORRISTOWN RD STE 100 BLUE BELL PA19422-2322 2019 Property Tax Statement Web Statement Statement Date: May 6, 2020 Account Number 024-071-053-0001 Taxing Jurisdiction Exemptions Taxable Value Rate per $100 Taxes Harris County IInrris County Flood Control Dist Port of Ilausion Authority Harris County Hospital District Harris County Dept. of Education San Jacinto College District 0 0 II 0 II Il 607,551 697,5.51 607,551 607,551 607,551 607,551 0.407130 0.027920 0.010740 0.165910 0.005000 0.178169 $2,473.52 $169.63 $65.25 $1,007.99 $30.38 $1,082.47 Page: I of I Total 2019 Taxes Due By January 31, 2020: $4,829.24 Payments Applied To 2019 Taxes $4,829.24 Total Current Taxes Due (Including Penalties) $0.00 Prior Year(s) Delinquent Taxes Due (If Any) $0.00 Total Amount Due For May 2020 $0.00 Penalties for Paying Late Rate Current Taxes Delinquent Taxes Total By f ebuary 29, 2020 7% $0.00 $0.00 $0.00 By March 31, 2020 9% $0.00 $0.00 $0.00 By April 30, 2020 11% $0.00 $0.00 $0.00 By May 31, 2020 13% $0.00 $0.00 $0.00 By June 30, 2020 1.9% $0.00 $0.00 $0.00 Property Description 401 N 16TII ST 77571 LTS I TDRU 32 RLK 653 LA PORTE 2.2956 AC Appraised Values Land - Market Value 200,000 hope -Market Value 407,551 Total Market Value 607,551 Less Capped I%Ikt Value 0 Appraised Value 607,551 Exemptions/Deferrals Tax Bill Increase (Decrease) from 2014 to 2019. Appraised Value 3%, Taxable Value 3%, Tax Rate-3%, Tax Bill 0%. -------------------------------------------------------- ----------------------------------------------------------- PLEASE CUT AT fHE DOTTED LINE AND RETURN THIS PORTION WIT" YOUR PAYMENT. III II III I I I I I I III III I II 11 II I II 111 IIIII Illll IIII II III * 0 2 4 0 7 1 0 5 3 0 0 0 1* PAYMENT COUPON APG INDUSTRIAL LAPORTE LLC 470 NORRISTOWN RD STE 100 BLUE BELL PA 19422-2322 IF YOU ARF 65 YEARS OF ACE OR OLDER Olt ARE DISABLED AND THE PROPERTY DESCRIBED IN THIS DOCUMENT IS YOUR RESIDENCE IIOMESTEAD, YOU SHOULD CONTACT THE APPRAISAL DISTRICT REGARDING ANY EN'ri'rLEMENT YOU MAY HAVE TO A POSTPONEMENT IN TI IF PAYMENT OF THFSE TAXES. Make check payable to: ANN HARRIS BENNETT TAX ASSESSOR -COLLECTOR & VOTER REGISTRAR P.O. BOX 4622 HOUSTON, TEXAS 77210-4622 Account Number 024-071-053-0001 Amount Enclosed Web Statement - Date Printed: 05-06-2020 B2407105300011 2019 000000000 000000000 OODOOOOOO 000000000 ANN HARRIS BENNETT utx TAX ASSESSOR-COLLECTOR202fl Property Tax Statement P.O. BOX 3547 * Web Statement HOUSTON, TEXAS 77253-3547 TEL: 713-274-8000 as Statement Date: June 25, 2021 i �I IIIII III II III � II I I II I �� II �� I � II Account Number 024-071-053-0001 * 0 7 4 0 7 1 0 5 3 0 0 0 1 ESCO INTERNATIONAL TRADING LLC 1006 RED BLUFF RD -PA SAD ENA TX 775WI518 Taxing Jurisdiction Exemptions Taxable Value Rate per $100 Taxes HHrris County Harris County Flood Control Dist Port of Houston Authnrity, Harris County Haspital District Harris County Dept. of Education San Jacinto College District D 0 D D 0 0 683,520 683,520 683,520 683,520 683,520 683,520 0.391160 0.031420 0.009910 0.166710 0.004993 0.169358 $2,673.66 $214.76 $67.74 S1,139.50 $34.13 S1,157.60 Page: I of 1 Total 2020 Taxes Due By January 31, 2021: $5,287.39 Payments Applied To 2020 Taxes $5,287.39 Total Current Taxes Due (Including Penalties) $0.00 Prior Year(s) Delinquent Taxes Due (if Any) $0.00 Total Amount Due For June 2021 $0.00 Penalties for Paying Late Rate Current Taxes Delinquent Taxes Total By Fehuary 28, 2021 7% $0.00 $0.00 $0.00 By March 31, 2021 9% $0.00 $0.00 $0.00 By April 30, 2021 11 % $0.00 $0.00 S0.00 By May 31, 2021 I3% $0.00 $0.00 $0.00 By June 30, 2021 15% $0.00 $0.00 $0.00 Property Description 401 N 16TH ST 77571 LTS 1 THRU 32 BLK 653 LA PORTE 2.2956 AC Appraised Values Land - Market Value 200,000 Impr- Market Value 483,520 Total Market Value 683,520 Less Capped Mkt Value 0 Appraised Value 683,520 Exemptions/Deferrals Tax Bill Increase (Decrease) from 2015 to 2020: Appraised Value 19%F, Taxable Value 19%, Tax Rate -5%, Tax Bill 14%. ------------------------------------------------------------------------------------- ------ PLEASE CUT AT THE DOTTED LINE AND RETURN THIS PORTION WITH YOUR PAYMENT. III 11111 I 11� 1111111111 14II II III 11� 11111111 I III Account Number * 0 2 4 0 7 1 0 5 3 0 0 0 1 * PAYMENT COUPON ESCO INTERNATIONAL TRADING LLC 1006 RED BLUFF RD PASADENA TX 77506-1518 Make check payable to: IF YOU ARF 65 YVARS OF AGR OR OLD}ilt Olt ANN HARRIS BENNETT ARE DISABLED AND THE PROPERTY TAX ASSESSOR -COLLECTOR DMCRI13ED IN THIS DOCUWNT IS YOUR P.O. BOX 462Z RESIDENCE HOMESTEAD, YOUSHOULD HOUSTON TEXAS 7721[F-4622 CONTACT THE APPRAISAL DISTRICT r REGARDING ANY F:NT1TLFMEN'[' YOU ?MAY NAVE TO A POSTPONEMENT IN THE PAYMLNT OF THESE TAXES. 024-071-053-0001 I Amount Enclosed Web Statement - Date Printed: 06-25-2021 02407105300011 2020 000000000 000000000 000000000 000000000 ANN HARRIS BENNETT TAX ASSESSOR -COLLECTOR P.O. BOX 3547 HOUSTON, TEXAS 77253-3547 TEL: 713-274-8000 ESCO INTERNATIONAL TRADING LLC ��' e°'y 2020 Property Tax Statement Web Statement rx �`' Statement Date: June 25, 2021 Account Number 024-071-053-0001 Taxing Jurisdiction Exemptions Taxable Value Rate per $100 Taxes Harris County Harris County Flood Control Dist PnrtofHouston Authority Harris County Hospital District Harris County Dept. or Education San Jacinto College District 0 0 0 0 0 683,520 683,520 693,520 683,520 683,520 683,520 0.391160 0.031420 0.009910 0,1667t0 0.004993 0.169358 S2,673.66 $214.76 $67.74 31,139.50 $34.13 51,157.60 Page: I of I Total 2020 Taxes Due By January 31, 2021: $5,287.39 Payments Applied To 2020 Taxes $5,297.39 Total Current Taxes Due (Including Penalties) $0.00 Prior Year(s) Delinquent Taxes Due (If Any) $0.00 Total Amount Due For June 2021 $0.00 Penalties for Paying Late Rate Current Taxes j Delinquent Taxes Total By Febuary 28, 2021 7% $0.00 $0,00 $0.00 By March 31, 2021 9%n $0.00 $0.00 $0.00 By April 30, 2021 11 % $0.00 $0.00 $0.00 By May 31, 2021 1 13% $0.00 $0.00 $0.00 By .tune 30, 2021 1 14%a $0.00 $0.00 $0.00 Property Description 401 N 16TH ST 77571 LTS I THRU 32 BLK 653 LA PORTE 2.2956 AC Appraised Values Lanni -Market Value 100,000 impr - Market Value 483,520 Total Market Value 683,520 Less Capped Mkt Value 0 Appraised Value 683,520 Exemptions/Deferrals. Tax Bill Increase (Decrease) from 2015 to 2020: Appraised Value 19%, Taxable Value 19%, Tax Rate -5%, Tax Bill 14%. -------------------------------------------------------------------------------------------------------------------- PLEASE CUT AT THE DOTTED LINE AND RETURN THIS PORTION WITH YOUR PAYMENT. II �� � 1111111I11 IIIII I IIIII II llllll� l 11 * 0 2 4 0 7 1 0 5 3 0 0 0 1* PAYNILNT COUPON ESCO INTERNATIONAL TRADING LLC 1006 RED BLUFF RD PASADENA TX 77506-1518 Make check payable to: ff YOU Airy 65 YEARS OF AGE 01R OLDER OR ANN HARRIS BENNETT ARE DISABLED AND THE PROPERTY TAX ASSESSOR -COLLECTOR -I)MCRIBED IN THIS DOCUMENT IS YOUR P.O. BOX 4622 RESIDENCT HOMESTEAD, YOU SHOULD HOUSTON TEXAS 77210-4622 CONTACT THE APPRAISAL DISTRICT REGARDING ANY ENTtT1,FMFNT YOU MAY HAVE TO A POSTPONEMENT IN THE PAYMENT OF TI]ESE TAXES. 1 024-071-953-0001 1 I Amount Enclosed I Web Statement - Date Printed: 06-25-2021 02407105300011 2020 000000000 000000000 000000000 000000000 ANN HARRIS BENNETT p9'S f oa�� 2020 Property Tax Statement TAX ASSESSOR -COLLECTOR z P.O. BOX 3547 Web Statement HOUSTON, TEXAS 77253-3547 Statement Date: .tune 25, 2021 TEL: I 713-274-8000 Account Number111111111111 !IEI 111111 dlilil 1111� 11 024-071-053-0001 * 0 2 4 0 7 1 0 5 3 0 0 0 1 ESCO INTERNATIONAL TRADING LLC 1006 RED BLUFF RD PASADENA TX 77506-1518 Taxing Jurisdiction Exemptions Taxable Value Rate per $100 Taxes Harris County Morris County Flood Control Diet Port of Houston Authnrity Harris County Hospital District Harris County Dept. of Education San.lacinto Cnllcgc District 0 0 0 0 0 0 683,520 683,520 683,520 683,520 683,510 683,520 0.391160 0.031420 0.009910 0.166710 0.004991 0.16935.9 32,673.66 $214.76 $67.74 S1,139.50 $34.13 $1,157.60 Page: I of I Total 1020 Taxes Due By January 31, 2021: $5,297.39 Payments Applied To 2020 Taxes $5,287.39 Total Current Taxes Due (Including Penalties) $0.00 Prior Year(s) Delinquent Taxes Due (If Any) $0.00 Total Amount Due For June 2021 $0.00 Penalties for Paying Late Rate Current Taxes Delinquent Taxes Total By Febuary 29, 2021 7% $0.00 $0.00 By March 31, 2021 9% $0.00 $0.00 $0.00 By April 30, 2021 11 % $0.00 $0.00 $0.00 By May 31, 2021 13% $0.00 $0.00 $0.00 By June 30, 2021 19% 50.00 S0,00 $0.00 Property Description 401 N I6TH ST 77571 LTS 1 Tl1RU 32 BLK 653 LA PORTE 2.Z956 AC Appraised Values Land -:Market Value 200,0o0 lmpr - Market Value 483,520 Total Market Value 683,520 Leis Capped Mkt Value 0 Appraised Value 683,520 Exemptions/Deferrals T1ix Bill Increase (Decrease) from 2015 to 2020: Appraised Value 190K, Taxable Value 19%, Tax Rate -5°/,, Tax Bill 14%. ------------------------------------------------------------------------------------------------------------------- PLEASE CUT AT THE DOTTED LINE AND RETURN THIS PORTION WITH YOUR PAYMENT. II'�I Ili I IIIII I I II IIII III II II I �Il I IIII IIIII II II II Illl 0 2 4 0 7 1 0 5 3 0 0 0 1* PAYMENT COUPON ESCO INNTERNATIONAL TRADING LLC 1006 RED BLUFF RD PASADENA TX 77506-1518 Make check payable to: IF YOU ARY 65 YRARS OF AOli Olt OLDER Olt ANN HARRIS BENNETT ARE DISABLED AND THE PROPERTY TAX ASSESSOR -COLLECTOR DBSCRIHLD 1N TIHS DOCUMENT IS YOUR P.O. BOX 4622 RESFDFXCE HOMESTEAD, YOUSHOULD HOUSTON TEXAS 77210-4622 CONTACT THE APPRAISAL DISTRICT � i2F;GAM)ING ANY E7;'I'1"T1.KMEN'T YOU MAY HAVE TO A POSTPONEMENT IT THE PAYML IT OF THESE TAXES. 024-071-053-0001 Amount Enclosed Web Statement - Date Printed: 06-25-2021 02407105300011 2020 ❑❑❑❑❑❑❑❑❑ ❑❑❑❑❑❑❑❑❑ ❑❑❑❑❑❑❑❑❑ ❑❑❑❑❑❑❑❑❑ ANN HARRIS BENNETT TAX ASSESSOR -COLLECTOR P.O. BOX 3547 HOUSTON, TEXAS 77253-3547 TEL: 713-274-8000 ESCO INTERNATIONAL TRADING LLC 1006 RED BLUFF RD 15 �U 2020 Property Tax Statement Web Statement ?! Statement Date: June 25, 2021 Account Nunsber 024-071-054-0001 Taxing Jurisdiction Exemptions Taxable Value Rate per $100 Taxes Harris County Harris County Flood Control Dist Port orunuonn Authority Harris County Hospital District Harris County Dept. or [Education Sun Jacinto College District 0 0 0 0 0 0 31,250 31,250 31,250 31,250 31,250 31,250 0.391160 0.031420 0.009910 0.166710 0.004993 0.169358 $122.24 $9.82 $3.16 $52.10 $1.56 $52.91 Page: I of I Total 2020 Taxes Due By January 31, 2021: $241.74 Payments Applied TO 2020 Taxes $241.74 Total Current Taxes Due (Including Penalties) $0.00 Prior Year(s) Delinquent Taxes Due (If Any) $0.00 Total Amount Due For June 2021 $0.00 Penalties for Paying Late Rate Current Taxes Delinquent Taxes Total By Febuary 28, 2021 7% 30.00 $0.00 $0.00 By March 31, 2021 9% $0.00 $0.00 $0.00 By April 30, 2021 11 % $0.00 $0.00 By May 31, 2021 13% $0.00 $0.00 1 0.00 By June 30, 2021 15% S0.00 $0.00 1 S0.00 Property Description 17TFI 77571 LTS 1 THRU 5 DLK 654 LA FORTE .3587 AC Appraised Values Land - Market Value 31,250 lmpr - Market Value 0 Total Market Value 31,250 Less Capped Mkt Value 0 Appraised Value 31,259 Exemptions/Deferrals Tax Bill Increase (Decrease) from 2015 to 2020: Appraised Value 00K, Taxable Value 00%, Tax Rate -5%, Tax Bill -_5%- --------------------------------------------------------------------------- ------------------------------- ---------- PLEASE CUT AT TFIE DOTTED LINE AND RETURIN THIS PORTION WITH YOUR PAYMENT. 111 Il l l l l 11 hill IIIII II Il Il I I IIII lull II 1111 IIII 0 z 4 0 7 1 0 S 4 0 0 0 1* PAYMENT COUPON ESCO INTERNATIONAL TRADING LLC 1006 RED BLUFF RD PASADENA TX 77506-1518 Make cheek payable to: IF YOU ARB 65 YEARS Of AGh, Olt OLDER oit ANN HARRIS BENNETT ARE DISABLED AND THE PROPERTY TAX ASSESSOR -COLLECTOR DESCRIBED IN THIS DOCUMENT IS YOUR P.O. BOX 4622 RESIDENCE HOMESTEAD, YOU SHOULD HOUSTON TEXAS77210-4622 CONTACT THE APPRAISAL DISTRICT REGARDING ANY F.N'1'I'1'1,NMFN'I' YOU MAY HAVE TO A POSTPONEMENT IN THP PAYMLINT OF TIJESH TAXES. 1 024-071-054-0001 1 Amount Enclosed I Weil Statement - Date Printed: 06-25-2021 02407105400019 2020 ❑❑❑❑❑❑❑❑❑ ❑❑❑❑❑❑❑❑❑ 000000000 000000000 ANN HARRIS BENNETT TAX ASSESSOR COLLECTOR P.O. BOX 3547 HOUSTON, TEXAS 77253-3547 TEL: 713-274-8000 IIIYIIIIIICIIINIIIII�IIIIIIIIIIIIWIIMIIII Qts cO�1 2020 Property Tax Statement x "< / Web Statement Statement Date: June 25, 2021 Account Number 024-071-054-0006 Taxing Jurisdiction Exemptions Taxable Value ' Rate per $100 Taxes Harris County Harris County Flood Control Diet Port of Houston Authority Harris County Hospital District Harris County Dept. of Education San Jacinto College District 0 0 0 0 0 0 18,750 18,750 18,750 18,750 18,750 18,750 0.391160 0,031420 0.009910 0.166710 0.004993 0.169358 573,34 55.89 ',11.86 $31.26 $0.94 $31.75 Page: I of I Total 2020 Taxes Due By January 31, 2021: $145.04 Payments Applied To 2020 Taxes $145.04 Total Current Taxes Due (Including Penalties) $0.00 Prior Year(s) Delinquent Taxes Due (if Any) $0.00 Total Amount Due For June 2021 $0.00 Penalties for Paying Late Rate Current Taxes Delinquent Taxes Total By Febuary 28, 2021 7% $0.00 $0.00 $0.00 By March 31, 2021 9% $0.00 $0.00 $0.00 By April 30, 2021 11 % $0.00 $0.00 $0.00 By May 31, 2021 13% $0.00 $0.00 $0.00 By June 30, 2021 15% $0.00 $0.00 $0,00 Property Description SEVENTEEN ST 77571 LTS 6 7 & 8 BLK 654 LA FORTE .2152 AC Appraised Values Land - Market Value 18,750 lwpr - Market Value 0 Total Market Value 18,750 Less Capped Mkt Value 0 Appraised Value 18,750 Exemptions/Deferrals Tax Bill Increase (Decrease) from 2015 to 2020: Appraised Value Oa/,, Taxable Value 0%., Tag Rate -5%, Tax Biil -5%. ------------------- --- ---- PLEASE CUT AT THE DOTTED LINE, AND RETURN' THIS PORTION WITH YOUR PAYMENT. -------------- 4 II II IIIIIIIIII07 11111IlI0 5 I4 IIII 0Iil0llll6 IIII PAYMENT COUPON ESCO INTERNATIONAL TRADING LLC 1006 RED BLUFF RD PASADENA TX 77506-1518 Make check payable to: IF YOU AIM 65 YEARS OF AUP. Olt OLDER OR ANN HARRIS BENNETT ARE DISABLED AND THE PROPERTY TAX ASSESSOR -COLLECTOR DLSOUBliD IN MIS DOCUMENT IS YOUR P.O. BOX 4622 RESIDENCE HOMESTEAD, YOU SHOULD HOUSTON TEXAS77210-4622 CONTACT THE APPRAISAL DISTRICT , REGARDING ANY ENTITLEMENT YOUMAY HAVE TO A POSTPONEMENT IN THE PAYMENT Of T111 SE TAXES. I 024-071-054-0006 1 Amount Enclosed I Web Statement - Date Printed: 06-25-2021 02407105400068 2020 000000000 000000000 000000000 000000000 TAX ASSESSOR -COLLECTOR 4", ANN HARRIS BENNETT 200 Property Tax Statement P.O. BOX 3547 Web Statement HOUSTON, TEXAS 77253-3547 # Statement Date: June 25, 2021 TEL: 713-27I4`-8000 III 111111III 1��1111111111 I I 111 II II 111111 II Account Number 024-071-054-0007 *❑ 2 40 7 10 5 4 000 7 ESCO INTERNATIONAL TRADING LLC 1006 RED BLUFF RD PASADENA TX 77506-1518 Taxing Jurisdiction Exemptions 1 Taxable Value Rate per $100 Taxes Harris County 1larris County Flood Control Dist Port of Houston Authority Harris County Hospital District Harris County Dept. of Education San Jacinto College District 0 0 0 0 0 0 19,630 18,630 18,630 18,630 18,630 18,630 0.391160 0.031420 0.009910 0.166710 0,004993 0.169358 $72.87 $5.85 11.85 $31.06 30.93 $31.55 Page: I of I Total 2020 Taxes Due By January 31, 2021: $144.11 Payments Applied To 2020 Taxes $144.11 Total Current Taxes Due (Including Penalties) $0.00 Prior Year(s) Delintuent Taxes Due (If Any) $0.00 Tbtal Amount Due For June 2021 $0.00 Penalties for Paying Late Rate Current Taxes Delinquent Taxes Total By FeLuary 28, 2021 7% $0.00 34.UU $0.00 By March 31, 2021 9% $0.00 $0.00 $0.00 By April 30, 2021 11% $0.00 $0.00 $0.00 By May 31, 2021 13% $0.01) $0.00 $0.00 By June 30, 2021 I Is% $0.00 50.00 50.00 Property Description 17TH 77571 LTS 25 26 & 27 RLK 654 LA PORTS .2138 AC Appraised Values Land -Market Value 18,630 Impr - Market Value 0 Total Market Value 18,630 Less Capped Mkt Value 0 Appraised Value 18,630 Exemptions/Deferrals Tax Bill Increase (Decrease) from 2015 to 2020: Appraised Value 0%,, Taxable Value 0%, Tax Rate -5%, Tax Bill -%%. - - - - - - - - PLEASE CLTI' AT THE DOTTED LINE AND RETURN THIS PORTION WITH YOUR PAYMENT III it IIIIIIIollllllll1 11I I5II �N I1111111111111111111OIIII PAYMENT COUPON ESCO INTERNATIONAL TRADING LLC 1006 RED BLUFrl RD PASADENA TX 77506-1518 Make check payable to: IF YOU ARV 65 YEARS OF AGE OR OLDER OR ANN HARRIS BENNETT ARE DISABLED AND THE PROPERTY TAX ASSESSOR -COLLECTOR D1 SCR1BED IN THIS DOCUMENT IS YOUR P.O BOX 4622 RESIDENCE HOT7ESTEAD, YOU SHOULD HOUST()N TEXAS 77210-4622 CONTACT THE APPRAISAL DISTRICT , REGARDING ANY EN'r['I"LNMFN"I' YOU MAY HAVE TO A POSTPONEMENT IN THE PAYML+.LT OF TIMSE TAXES. I 024-071-054-0007 1 Amount Enclosed Web Statement - Date Printed: 06-25-2021 0240710540007L 2020 000000000 000000000 000000000 000000000 ANN HARRIS BENNETT TAX ASSESSOR -COLLECTOR P.O. SOX 3547 HOUSTON, TEXAS 77253-3547 TEL. 713-274-8000 ESCO INTERNATIONAL TRADING LLC 2020 Property Tax Statement Web Statement rf x tj`' Statement Date: June 25, 2021 Account Number 024-071-054-0009 Taxing Jurisdiction Exemptions Taxable Value Rate per $100 Taxes Harris County Harris County Flood Control Dist Port of Houston Authority Harris County Hospital District Harris County Dept. of Education San.Iacinm College District 0 0 0 0 0 0 5t,000 50,000 50,000 50,000 50,000 50,000 0.391160 0.031420 0.009910 0.166710 0.004993 0.169358 $195.58 $15.71 $4.96 $83.36 $2.50 $84.68 Page: I of 1 Total 2020 Taxes Due By January 31, 2021: $386.79 Payments Applied To 2020 Taxes $386.79 Total Current Taxes Due (Including Penalties) $0.00 Prior Year(s) Delinquent Taxes Due (If Any) $0.00 Total Amount Due For June 2021 $0.00 Penalties for Paying Late Rate I Current Taxes Delinquent Taxes Total By Febuary 28, 2021 7% $0.09 $0.00 $0.00 By March 3l, 2021 9% $0.00 $0.00 $0.00 By April 30, 2021 11 % $0.00 $0.00 $0.00 By May 31, 2021 1 13% $0.00 $0.00 $0.00 By June 30, 2021 1 15% $0.00 $0.00 $0.00 Property Description SEVENTEE\"TH ST 77571 LTS 9 la It 12 2112 23 & 24 BILK 654 LA PORTS .5739 AC Appraised Values Land - \larket Value 50,000 Impr - Market Value a Total Market Value 50,090 Les,% Capped Mkt Value 0 Appraised Value 50,000 Exemptions/Deferrals Tax Bill Increase (Decrease) from 2015 to 2020: Appraised Value 0%,, Taxable Value 0%, Tax Rate -50/n, Tax Bill -5%. -------- ------------- --------------------- PLEASECUTATTHEDOTTEDLINEANDRETURNTHISPORTIONWITHYOURPAYMENT. - III IIIII Illll IIIII IIIII Illll I Ili N II 1111 III IIII IIIII II I II IIII * 0 2 4 U 7 1 a 5 4 0 0 0 9* PAYMENT COUPON ESCO INTERNATIONAL TRADING LLC 1006 RED BLUFF RD PASADENA TX 77.506-1518 Make check payable to: IF YOU ARE 65 YEARS OF AGE OR Ot.DHR OR ANN HARRIS BENNETT ARE DISABLED AND THE PROPERTY TAX ASSESSOR -COLLECTOR DMC:RII3ED IN TWS DOCUMENT IS YOUR P.O. BOX 4622 RESIDENCE HOMESTEAD, YOU SHOULD HOUSTON TEXAS 772111-4622 CONTACT THE APPRAISAL DISTRICT REGARDING ANY FN'ITII.EMENTYOU MAY HAVE 70 A POSTPONEMENT IN THE PAYMIiNT Or' THESE, IAXES. 1 024-071-054-0009 1 I Amount Enclosed 1 Web Statement - Date Printed: 06-25-2021 02407105400092 2020 000000000 000000000 00000000D 000000000 ANN HARRIS BENNETT TAX ASSESSOR -COLLECTOR P.O. BOX 3547 HOUSTON, TEXAS 77253-3547 TEL: 713-274-8000 IWIIIIII�IiIIIIIIIIInIIIIIYIIIFIIIIVIIIIiI ti5 Cp Qp 2020 Property Tax Statement x � Web Statement �Lr-ii nyi* Statement Date: Jwnc 25, 2021 Account Number 024-071-054-0013 Taxing Jurisdiction Exemptions Taxable Value Rate per $100 Taxes Harris County Harris County Flood Control Dist Port of 1lnuston Authnrity Harris County Hospital District Harris County Dept. of Eduealion San Jacinto College District 0 0 0 0 0 0 55,916 55,916 55,916 55,916 55,916 55,916 0.391160 0.031420 0.009910 0.166710 0.004993 0.169358 S21R.72 $17.57 55.54 $93.22 $2.79 $94.70 Page: I of I Total 2020 Taxes Due By January 31, 2021: $432.54 Payments Applied To 2020 Taxes $432.54 Total Current Taxes Due (Including Penalties) $0,00 Prior Year(s) Delinquent Taxes Due (If Any) $0.00 Total Amount Due For June 2021 $0.00 Penalties for Paying Late Rate Current Taxes Delinquent Taxes Total By Febuary 28, 2021 7% $0.00 $0.00 $0.00 By Marcli 31, 2021 9% $0.00 $0.00 S0.00 By April 30, 2021 11 %4 $0.00 $0.00 $0.00 By May 31, 2021 13% $0.00 $0.00 $0.00 By June 30, 2021 15% $0.00 $0.00 $0.00 Property Description 17TH 77571 LTS 13 THRU 20 DLK 654 LA PORTS .5739 AC Appraised Values Land - Market Value 50,000 Impr - Market Value 5,916 Totat Market Value 55,916 Less Capped Mkt Value 0 Appraised Value 55,916 Exemptions/Deferrals Tax Bill Increase (Decrease) from 2015 to 2020: Appraised Value 12%, Taxable Value 12%, Tax Rate 4;%, Tax Bill 7%. - - - - - - - - - PLEASE CUT AT TIIE THIS DOTTED LINE AND RETURN TS PORTION WITH YOUR PAYMENT. - - - - - - - - - - - - - - - -- 1111 IIIIIIIII III IIII (IIII I III II II I II I I I till IIII IIII I1N * 0 2 4 0 7 1 0 5 4 0 U 1 3 PAYMENT COUPON ESCO INTERNATIONAL TRADING LLC 1006 RED BLUFF RD PA:SADENA TX 77506-1518 Make check payable to: IF YOU ARH 65 YN.ARS OF AGE Olt OLDHR OR ANN HARRIS BENNETT ARE DISABLED AND THE PROPERTY TAX ASSESSOR -COLLECTOR DHSCRH3ISD IN THIS DOCUWNT IS YOUR P.O. BOX 4622 RESTDENCEHOMESTEAD, YOU SHOULD HOUSTON TEXAS 77210-4622 CONTACT THE APPRAISAL DISTRICT REGARDING ANY ltN'l'i'rl EFmVNT YOU MAY HAVE TO A POSTPONEMENT IN THE PAYMHNT OF THESL' TAXES. 1 024-071-054-0013 1 Amount Enclosed Web Statement - Date Printed: 06-25-2021 02407105400134 2020 000000000 000000000 000000000 000000000 ANN HARRIS BENNETT TAX ASSESSOR -COLLECTOR P.O. BOX 3547 HOUSTON, TEXAS 77253-3547 TEL: 713-274-8000 l lit II I III Illl II IIII III II I I III l li II I II II Ill * 0 2 4 n 7 1 D 5 4 0 11 2 8 ESCO INTERNATIONAL TRADING LLC 1006 RED BLUFF RD PASADENA TX 77506-1518 \5 CO 2020 Property Tax Statement x� e� Web Statement Zt x Statement Date: .June 25, 2021 Account Number 024-071-054-0028 Taxing Jurisdiction Exemptions Taxable Value Rate per $100 Taxes Harris County Morris County Flood Control Dist Port of nnuaton Authority Harris County Hospital District Harris County Dept. of Education San Jacinto College District 0 0 0 0 0 0 31,250 31,250 31,259 31,250 31,250 31,250 0.391160 0.031420 0.009910 0.166710 0.004993 0.169358 S122.24 $9,82 $3.10 $52.10 31.56 552.92 Page: 1 of 1 Total 2020 Taxes Due By January 31, 2021: $241.74 Payments Applied To 2020 Taxes $241.74 Total Current Taxes Due (Including Penalties) $0.00 Prior Year(s) Delinquent Taxes Due (If Any) $0.00 Total Amount Due For June 2021 $0.00 Penalties for Paying Late Rate Current Taxes Delinquent Taxes Total By Febuary 28, 2021 7% $11.00 $0.00 $0.00 By March 31, 2021 9% $0.00 $0.00 $0.00 By April 30, 2021 11 % $0.00 $0.00 $0.00 By May 31, 2021 13% $0.00 $0.00 $0.00 By June 30, 2021 15% $0.00 $0.00 $0.00 Property Description SEVENTEENTH ST 77571 LTS 28 THRU 32 DLK 654 LA PURTE .3547 AC Appraised Values Land -Market Value 31,250 lmpr - Market Value 0 Total Market Value 31,250 Less Capped Mkt Value 0 Appraised Value 31,250 Exemptions/Deferrals Tax Bill Increase (Decrease) from 2015 to 2020: Appraised Value 00/,., Taxable Value 0%, Tax Rate -5%, Tax Blll -5%. - ESCO INTERNATIONAL TRADING LLC 1006 RED BLUFF RD PASADENA TX 77506-1518 Make check payable to: IF YOU AltE 65 YEARS OF AGE. Olt OLDER OR ANN IIARRIS BENNETT ARE DISABLED AND THE PROPERTY TAX ASSESSOR -COLLECTOR DESCIUBED IN THIS DOCUMENT IS YOUR P.O. BOX 4622 RESIDENCE HOMESTEAD, YOU SHOULD HOUSTON TEXAS 772I0-4622 CONTACT THE APPRAISAL DISTRICT REGARDING ANY ENTITLEMENT YOU MAY HAVE TO A POSTPONEMENT ITS THE PAYMLNT OF THESL TAXES. 1 024-071-054-0028 1 I Amount Enclosed Web Statement - Date Printed: 06-25-2021 024071❑S400282 2020 000000000 000000000 00000000❑ 000000000 04LJa `o ZL YN I �N I IN w 4 STREET (CLOSED) ll N I.J., W to zzrn 4 00 boo�z bZti I 'REST (CLOSED) I oo ;.rc,t,l�y'(Jr z136�Cpz4 1 'I , ; I sl oaf 1 ; ' � �>`T�T�Ni WW1 I VII �II I I I II I TI I I'"I IIW IV 1 4 'I N II` Nr' II IIA IIN^�N,I ij�? jo + 11t� I 6- I IN IN I 1 IN INf a w L °�°r�� 4 I i T- T- T- , � P'I i�j II i �; II I II I t II I I I I V I I t l 1 1 4 1 1 i l l l 1 1 I 4� III'FT- 1 I FA I` I I I I II t I I 1 IIy I I I I I I I I �I IN IN INI Ye.,IW II +` �I_I—VwV I 1 NOOf°I—I�Vt� Iltlllll iT i 4� i VI P I I I I I, I k I I I I V I 1 1 1 1 Iwo IVII h°, I t�V 1 I�t i�t I i"I i Il+ll11 IIIIIIIN 4 TT >� I Tel-�f��T, }-���� �r j DTI -I 4 p� it i I i� I. 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A.�A-L I J I y I 1--Tn- I1-rI-rrr 1.. 11"I IIIIEilykltll#r� 1Ik11lttl -1 IrT l- Tl r r lr 711� rill' I ,F- 1 l 1 t I�f'� I F 1"1IIIIII11... lYll4l 11 rk lillalll rl 1k1,..4,�J I IILIC�I.111._(.L �t ►�t 1 ! 1 1 I I� ,kla 11 ,lill' � 1 I I IFIt 1 E rl I LU �q �i � 11,61111FIIIEI� �I I itllllltlllrlll .I I !EII IIIII1111111114 � �I�'. �ltyttil115ttt1� ]I, 'li II' .I I 1�11111 I{I� ,.IIiI�'�i�l'I�Itt ,{�II'4111�r� V>ox r•vas) ro-VC-1 -• �[ roo- Darryl Schroeder ornr To: Clowes, Ian Cc: Stewart, Chase Subject- RE: Proposed ROW Closure - 18th and Tyler St. Thanks, From: Clowes, Ian <Clowesl@laportetx.gov> Sent: Thursday, January 28, 2021 11:17 AM To: Darryl Schroeder <darryl.Schroeder@maverickconstruction.net> Cc: Stewart, Chase <StewartC@laportetx.gov> Subject: Proposed ROW Closure - 18th and Tyler St. Darryl, I apologize for the delay in getting back to you regarding your proposed ROW closure. Staff does not have any objections to the closure at this time. Feel free to proceed with completion of the application. Once you have completed all items, please submit the application directly to the Planning Department. We will then proceed with obtaining a aid party appraisal prior to placing the request on the City Council agenda. Please let us know if you have any questions. .* tg a s a,�; Ian Clowes I City Planner m'' 604 W. Fairmont Parkway I La Porte, TX 77571 ' p.281.470.5063 I c.832.367.4591 ,t websile I map I email �.o at&t February 10, 2021 Moltarned Kaniel Esco International Trading, LLC 2600 S. Loop W., Suite 30ON Houston, Texas 77054 Re: "No Objection" to ROW Abandonment —North 18"' Street/Tyler Street - LaPorte, TX Mr. Kamel, Southwestern Bell Telephone Company offers "No Objection" to the abandonment of the ROW of North 18"' Street from West Maddison Street south to Tyler Street and the ROW of Tyler Street from North 18"' Street east to North 16"' Street located adjacent to Block 653 and Block 654, LaPorte Texas, a subdivision in Harris County, Texas according to die map or plat thereof recorded in Volume 58, Page 462 and Volume 725, Page 92 of the Deed Records of Harris County, Texas tnd described in your acceptance letter dated February 1, 2021. If you have any questions, please contact nre by email at sm8285t2att.coni Sincerely, i Sonya MCITiII Manager -Engineering Right -of -Way 401 N. 16th LP-009-21-M Geertetpohil Energy Houston March 12, 2021 Ali Alghanem Esco International Trading 2600 South Loop West, STE. 30ON Houston, TX 77054 Re: Street Closure of a portion of North 18th Street and Tyler Street .fob No. 160067 Dear Ali Alghanem: The City of La Porte has been asked to close and abandon a portion of North 181h Street and Tyler Street, the location of which being shown by the hatched area on the attached Exhibit "A". CenterPoint Energy Houston Electric, LLC, CenterPoint Energy Resources Corporation, d/b/a CenterPoint Energy Texas Gas Operations and CenterPoint Energy Intrastate Pipelines, Inc., herein collectively called "CenterPoint Energy", has investigated the request and determined that it has no facilities located within the area to be abandoned. Therefore, CenterPoint Energy will interpose no objection to the request as filed. This letter of concurrence shall become null and void in the event two (2) years has transpired from the above date and this street closure has not been completed. CenterPoint Energy respectfully requests that the City of La Porte forward a copy of the final abandonment ordinance to CenterPoint Energy in order to complete our files and to update our map records. Respectfully, u/7rJ�,o� Wesley Maresh Right of Way Agent Land Management Division 713-207-6212 COMCAST February 10, 2021 Ali Alghanem Maverick Construction 281.927.8879 Texas Re: 401 S 16th St La Porte, TX To Whom It May Concern, Comcast of Houston LLC, a Delaware Limited Liability Company, herein referred to as "Comcast Cable", has been asked to provide a letter of "No Objection" for the above referenced survey dated July 6, 2018. At this time, Comcast Cable has no objection associated with the general layout and utility easements as exhibited on said plat. In cases where utility easements are overlapping with drainage or other specific or pre-existing easements, Comcast Cable will require exclusive easements. Upon completion of Comcast Cabic's facility design, if so required, dedicated utility easements may be determined inadequate by Comcast Cable. In these cases, the developer, his successors or assigns, will be required to provide Comcast with exclusive easements. This letter does not give consent to any encroachments, abandonments of pre-existing easements, roads, alleys, or street right-of-ways. Abandonment of any of the above requires a formal review, consent and closure process. Please feel free to contact me at 713-637-5289 with any questions that you may have. Sincerely, Geraldine Medina -Schulz Planning & Design - Construction, Coordinator 8590 W Tidwell, Houston, TX 77040 RP-2020-585482 12/01/2020 ER $30.00 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS APG INDUSTRIAL LAPORTE LLC, a Delaware limited liability company ("Grantor'), for and in consideration of the sum of $10 and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has GRANTED, BARGAINED, SOLD, and CONVEYED and by these presents does GRANT, BARGAIN, SELL, AND CONVEY unto ESCO INTERNATIONAL TRADING, LLC, a Virginia limited liability company ("Grantee") the real property in Harris County, Texas, fully described in Exhibit A hereto, together with all rights, titles, and interests appurtenant thereto (collectively, the "Property"). This Special Warranty Deed and the conveyance hercinabove set forth is executed by Grantor and accepted by Grantee subject to the matters described in Exhibit B hereto, to the extent the same are validly existing and applicable to the Property (collectively, the "Permitted Encumbrances"). Purchaser is taking the Property "AS IS" with any and all latent and patent defects and that there is no warranty by Seller that the property is fit for a particular purpose. Notwithstanding the foregoing, the representations and 000 warranties made by Seller in the Purchase and Sale Agreement dated May 6, 2020 between Grantor; as b' Seller, and Grantee, as Purchaser, or in any separate written instrument are not in any way limited by the LO 00 preceding sentence. 6 TO HAVE AND TO HOLD the Property, together with all and singular the rights and Oappurtenances thereunto in anywise belonging, unto Grantee, its successors and assigns forever, and N Grantor does hereby bind itself, its successors and assigns, to WARRANT AND FOREVER DEFEND all n and singular the title to the Property unto the said Grantee, its successors and assigns against every person ry whomsoever lawfully claiming or to claim the same or any part thereof by, through, or under Grantor but not otherwise, subject to the Restrictions and the Permitted Encumbrances. 77506. Grantee's address is: c% ESCO International Trading, LLC, 1006 Red Bluff Road, Pasadena, Texas [The remainder of this page is intentionally left blank; signature page follows] SPECIAL WARRANTY DEED - Page I N 00 It LO CID Ln i C3 N O N lL EXECUTED as of June 2 , 2020. APG INDUSTRIAL LAPORTE LLC, a Delaware limited liability company By: Name: Leo Addimando Title: Authorized Signatory COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA This instrument was acknowledged before me on ,rune 2 , 2020, by Leo Addimando, Authorized Signatory of APG INDUSTRIAL LAPORTE LLC, a Delaware limited liability company, on behalf of said limited liability company.. Commonwealth of pennsylyanla - Notary Seal CAITLIN A COTTRELL - Notary Philadelphia County My Commission Expires Jun 21, 2023 Commission Number 13g3720 Exhibit A - Legal Description Exhibit B - Permitted Encumbrances 0�0&- ary ublie in and or the Commonwealth of Pennsylvania SPECIAL WARRANTY DEED — Signature Page N co LO co U") O N O N CL Exhibit A Legal Description TRACT 1 BEING LOTS I THROUGH 32, BLOCK 653, LA PORTE, A SUBDIVISION IN HARRIS COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 58, PAGE 462, OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS. TRACT 2 BEING LOTS I THROUGH 32, BLOCK 654, LA PORTE, A SUBDIVISION IN HARRIS COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 725, PAGE 92, OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS. SPECIAL WARRANTY DEED Exhibit A, Legal Description — Page I N CO d' LO 00 LO 6 N O N i n Zi Exhibit B Permitted Encumbrances Standby fees, taxes and assessments by any taxing authority for the year 2020, and subsequent years. Visible and apparent casements on or across the Property. All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights, privileges, and immunities relating thereto, appearing in the Public Records whether listed in Schedule B or not. There may be leases, grants, exceptions or reservations of mineral interest that are not listed. 4. Matters as show on survey prepared by Bryon D. Howell, RPLS No. 6048, dated September 18, 2018, last revised December 2, 2018: Encroachment of Building into 17th Street. SPECIAL WARRANTY DEED Exhibit B, Permitted Exceptions —Page 1 N 00 d' LID 00 i 0 N 0 N A RP-2020-555482 # Pages 5 12/01/2020 10:24 AM e-Filed & e-Recorded in the Official Public Records of HARRIS COUNTY TENESHIA HUDSPETH COUNTY CLERK Fees $30.00 RECORDERS MEMORANDUM This instrument was received and recorded electronically and any blackouts, additions or changes were present at the time the instrument was filed and recorded. Any provision herein which restricts the sale, rental, or use of the described real property because of color or race is invalid and unenforceable under federal law. THE STATE OF TEXAS COUNTY OF HARRIS I hereby certify that this instrument was FILED in File Number Sequence on the date and at the time stamped hereon by me; and was duly RECORDED in the Official Public Records of Real Property of Harris County, Texas. 0S�� MIAR,ujc �y �4 X.� A4-& COUNTY CLERK �a� * 5 HARRIS COUNTY, TEXAS Ali Alghanem From: John S. Hertzler <jshertzler@up.com> Sent: Monday, March 29, 2021 3:08 PM To: Ali Alghanem Subject: RE: Adjacent Property Owner Ali We are not comfortable signing this form as of now. UP does not object to the street being vacated, but we are not willing to simply forfeit any right we may have to the property. We are not particularly interested in participating in the process, but we don't want to be cut out of the loop. At this point we don't know what rights we might have to the property or what may be determined as the processes proceeds so we just want to be able to retain any right we might have. My message previously was intended to convey this in a form you could take to the City in order for the process to proceed. In short, we do not object to the street vacation proceeding, we just want to be kept informed and have a chance to assert any right we might have as the process proceeds. Let me know if you have questions. Thanks, John S. Hertzler Union Pacific Railroad Company I Real Estate 1400 Douglas St. STOP 1690 Omaha, NE 68179 Phone: 402.544.8558 1 Fax: 402.501.0340 Email: jshertzler@up.com I www.up.corn From: "Ali Alghanem" <ali.alghanem@maverickconstruction.net> Ta: "John S. Hertzler" <jshertzler@up.com> Date. 03/29/2021 02:09 PM Subject: RE: Adjacent Property Owner PROCEED WITH CAUTION - This email was sent from outside the Company * Hello John, Just checking. Are you able to sign the letter I sent you last week? I need to return it back to the city of La Porte. Thank you, Ali From: John S. Hertzler <jshertzler@up.com> Sent: Friday, March 19, 2021 11:10 AM To: All Alghanem<aILalghanem@maverickconstruction.net> Subject: Re: Adjacent Property owner I reviewed our records and the deed for our property on the west side of 18th St. between Madison and Tyler. It appears that UP does not have any ownership of the property underlying 18th St. Our maps show that we have a uniform property line on the west side of the street. If that sounds correct then I am confident that we do not have an underlying property interest in 18th Street in this specific area. If that is the case then UP does not have any objection and consents to abandonment of 18th St. between Madison and Tyler, or any portion of Tyler St. east of 18th St. However, UP reserves any and all rights it may have with respect to the abandoned property as an abutting property owner, and requests any information or legal determinations that is contradictory to the foregoing or that affects UP's rights to the abandonment property. Please advise with any questions, and please feel free to provide this message to the City as appropriate. Thank you, John S. Hertzler Union Pacific Railroad Company I Real Estate 1400 Douglas St. STOP 1690 Omaha, NE 68179 Phone: 402.544.8558 1 Fax: 402.501.0340 Email: jshertzler(&up.coml www.up.coni From: "Ali Alghanem"<ali.alghaneinQtnaverickcoristruction.net> To: ' fshertzler aL1P.cam" <jsherizler@Lip.corn> Date: 03/1612021 08:08 AM subject: Adjacenl Property Owner * PROCEED WITH CAUTION - This email was sent from outside the Company * Good Morning John, My apologies as I sent incorrect information on the form previously sent to you. Please find the corrected form and all information attached. Please review and don't hesitate to reach out if you have any questions. Thank You, Ali AL-Ghaner-n 2818278879[attach ment "Adjacent Property Owner.PDF" deleted by John S. Hertzler/UPC] ** This email and any attachments may contain information that is confidential and/or privileged for the sole use of the intended recipient. Any use, review, disclosure, copying, distribution or reliance by others, and any forwarding of this email or its contents, without the express permission of the sender is strictly prohibited by law. If you are not the intended recipient, please contact the sender immediately, delete the e-mail and destroy all copies. This email and any attachments may contain information that is confidential and/or privileged for the sole use of the intended recipient. Any use, review, disclosure, copying, distribution or reliance by others, and any forwarding of this email or its contents, without the express permission of the sender is strictly prohibited by law. If you are not the intended recipient, please contact the sender immediately, delete the e-mail and destroy all copies. i C ~` �� _ ilOAtilr S•111 STREEr .. fRR li A6{ �t3j 11 �+k I'{�i. j S AEy taC B n F 7 3 � � J FY Pi 'Y' SA: 00940(Dm0(a[)00)000 © 00 0 00 0 0 00 gH, f 14 1 Ag jj� I �x Ili " 13 9 H Sv ` a �xx � � ,� ,., a a� xa jif Ind! 111# if i e pp gg it, �� � �� d� ttf M1, a €g i§ n) �• I £ A i dL I �i 7 ba d }i5 � a 7 `)� y 70 �FF11 All Ali Alghanem From: John S. Hertzler <jshertzler@up.com> Sent: Friday, March 19, 2021 11:10 AM To: Ali Alghanem Subject: Re: Adjacent Property Owner I reviewed our records and the deed for our property on the west side of 18th St. between Madison and Tyler. It appears that UP does not have any ownership of the property underlying 18th St. Our maps show that we have a uniform property line on the west side of the street. If that sounds correct then I am confident that we do not have an underlying property interest in 18th Street in this specific area. If that is the case then UP does not have any objection and consents to abandonment of 18th St. between Madison and Tyler, or any portion of Tyler St. east of 18th St. However, UP reserves any and all rights it may have with respect to the abandoned property as an abutting property owner, and requests any information or legal determinations that is contradictory to the foregoing or that affects UP's rights to the abandonment property. Please advise with any questions, and please feel free to provide this message to the City as appropriate. Thank you, John S. Hertzler Union Pacific Railroad Company I Real Estate 1400 Douglas St. STOP 1690 Omaha, NE 68179 Phone: 402.544.8558 1 Fax: 402.501.0340 Email: jshertzler@up.com I www.up.com Frwn: "Ali Alghanem"{ali.alghanem@maverickconstruction.net> To: "jshertzler@up.com" jshertzler@up.com> Date: 03/16/2021 08:08 AM Subject Adjacent Property Owner * PROCEED WITH CAUTION - This email was sent from outside the Company * Good Morning John, My apologies as I sent incorrect information on the form previously sent to you. Please find the corrected form and all information attached. Please review and don't hesitate to reach out if you have any questions. Thank You, Ali AL-Ghanem 2818278879[attach ment "Adjacent Property Owner.PDF" deleted by John S. Hertzler/UPC] This email and any attachments may contain information that is confidential and/or privileged for the sole use of the intended recipient. Any use, review, disclosure, copying, distribution or reliance by others, and any forwarding of this email or its contents, without the express permission of the sender is strictly prohibited by law. If you are not the intended recipient, please contact the sender immediately, delete the e-mail and destroy all copies. REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 10, 2022 Requested By: Ray Mayo, Director Department: Public Works • Report c - Resolution Ordinance Exhibits: Bid Tabulation 22006, Access Report, Bid from Labor Finders Appropriation Source of Funds: 001 —General Fund Account Number: 001-7072-532-1010 Amount Budgeted: $96,290.00 Amount Requested: $96,290.00 Budgeted Item: �*' Yes �' No SUMMARY & RECOMMENDATION City of La Porte Bid #22006 - Temporary Labor Services was opened on November 30, 2021. Forty (40) vendors downloaded the bid documents resulting in one (1) vendor submitting a bid. L.C. Personnel, DBA Labor Finders submitted a bid with the billing rate of $19.25 per hour. The initial contract term is for one year with the potential of three (3) additional one-year terms. La Porte Public Works routinely utilizes 2-4 temporary -help employees in the Solid Waste Division. The use of temporary workers for filling open positions, employees on vacation, sick and bereavement leave is an effective tool to maintain staffing for the position. When garbage collection increases, such as following a holiday, temporary staffing allows us to place five (5) collection vehicles on the route, compared to four (4). Requests for temporary labor are typically made 24 hours in advance, but also can be made for an immediate need. Total expenditures for temporary workers in FY21 was $77,537.10.The permanent full- time Solid Waste Worker total salary and benefits equal $23.15 per hour as outlined below; Annual Salary $27,560.00 FICA $2108.65 TMRS $4448.83 Medical Insurance $10422.00 Life Insurance $28.80 Workers Comp $387 Total $48145 divided by 2080 hours = $23.15 An additional benefit is that workers from the temporary agency, once trained and evaluated, can hire into open positions as they become available and the employment term for the staffing service has been satisfied. Two of our current full-time solid waste workers were hired from the temporary staffing service. One Solid Waste Worker position was vacated in 2011 and has remained unfilled. That position is purposely filled with temporary staffing. The annual cost to fill a Solid Waste Worker position with a temporary position based on an average 30-hour work week at $19.25 per hour is $30,030.00. This results in a savings of $18,115.00 per year per full time position filled with temporary workers. The billing rate of $19.25 is an increase of the previous rate of $15.68, which equates to a 22-percent increase. In turn, the actual pay to the worker increases from $9.50 to $11.00 per hour (15.8-percent increase). Budgeted funds are available from the divisional personnel budget. Staff recommends acceptance of the bid from Labor Finders. This service provider has demonstrated the ability to consistently provide temporary workers to La Porte since March of 2013. Benefits: • Utilizing temporary work staff allows the Solid Waste Division to fill in for employees out on leave and position vacancies. • Operating cost savings compared to regular full-time position. • Training and evaluation for potential hires Liabilities: • Lack of availability for temporary workers would result in other full-time staff having to fill Solid Waste Worker as -needed until position can be filled. ACTION REQUIRED BY CITY COUNCIL Award Bid #22006 to L.C. Personnel, DBA Labor Finders at a billing rate of $19.25 per hour and authorize the City Manager to enter into a service contract for the initial one-year service term. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date BID TABULATION- SEALED BID #22006 TEMPORARY LABOR SERVICES L.C. Personnel, dba Labor Finders Item Description Mark Up Hourly Rate Paid to Employee N Hourly Rate Billed to City 1 Solid Waste Woker $11.00 75% $19.25 Access Report Agency Bid Number Bid Title Vendor Name School Wholesale Supplies LLC Securecheck360, LLC Abacus Corportation COGENT Infotech Corporation vTech Solution Inc. SUNSHINE ENTERPRISE USA SoftHQ, Inc PWXPress Blue Arbor Search and Staff Little Dimples II Corp. Synergetic Staffing LLC A & Associates JMAC GROUP LLC Kirkman Beck, LLC Colliers Engineering & Design Sevenoutsource Recruiting Source International LLC Onvia InstantServe LLC Siter-Neubauer & Associates ITSQuest, Inc. ATA Services, Inc. DatamanUSA, Ilc Pedigo Staffing Services Octagon Consulting, LLC RFx Analyst SmartProcure Perkens WS Corporation Vaspa At Work Staffing, Inc. ExecuTeam Staffing Excelsior Staffing RADgov, Inc. HENECO ENGINEERING AND CONSULTING Cambay Consulting LLC SHC Services, Inc. LC PERSONNEL DBA LABOR FINDERS Detail Construction Rose International, Inc. City of La Porte (TX) 22006 Temporary Labor Services Accessed First Time 2021-11-11 10:51 PM CST 2021-11-12 12:17 AM CST 2021-11-11 11:28 AM CST 2021-11-11 12:42 PM CST 2021-11-11 11:54 AM CST 2021-11-12 03:35 PM CST 2021-11-18 12:37 PM CST 2021-11-11 11:18 AM CST 2021-11-12 11:12 AM CST 2021-11-14 10:33 PM CST 2021-11-11 12:41 PM CST 2021-11-11 12:27 PM CST 2021-11-15 08:40 AM CST 2021-11-18 07:57 AM CST 2021-11-11 11:28 AM CST 2021-11-17 09:36 AM CST 2021-11-15 03:33 AM CST 2021-11-11 11:29 AM CST 2021-11-11 01:03 PM CST 2021-11-12 07:39 AM CST 2021-11-11 02:17 PM CST 2021-11-11 01:36 PM CST 2021-11-12 02:15 PM CST 2021-11-11 12:31 PM CST 2021-11-12 02:14 PM CST 2021-11-15 11:37 AM CST 2021-11-11 03:42 PM CST 2021-11-12 03:30 AM CST 2021-11-14 10:56 PM CST 2021-11-17 12:45 PM CST 2021-11-11 12:53 PM CST 2021-11-15 06:48 PM CST 2021-11-11 11:27 AM CST 2021-11-11 03:48 PM CST 2021-11-15 07:48 PM CST 2021-11-11 02:45 PM CST 2021-11-12 04:24 PM CST 2021-11-11 12:11 PM CST 2021-11-16 02:50 PM CST 2021-11-11 12:40 PM CST Documents Bid 22006 Temporary Labor Sei Bid 22006 Temporary Labor Sei Bid 22006 Temporary Labor Sei Bid 22006 Temporary Labor Sei Bid 22006 Temporary Labor Sei Bid 22006 Temporary Labor Sei Bid 22006 Temporary Labor Sei Bid 22006 Temporary Labor Sei Bid 22006 Temporary Labor Sei Bid 22006 Temporary Labor Sei Bid 22006 Temporary Labor Sei Bid 22006 Temporary Labor Sei Bid 22006 Temporary Labor Sei Bid 22006 Temporary Labor Sei Bid 22006 Temporary Labor Sei Bid 22006 Temporary Labor Sei Bid 22006 Temporary Labor Sei Bid 22006 Temporary Labor Sei Bid 22006 Temporary Labor Sei Bid 22006 Temporary Labor Sei Bid 22006 Temporary Labor Sei Bid 22006 Temporary Labor Sei Bid 22006 Temporary Labor Sei Bid 22006 Temporary Labor Sei Bid 22006 Temporary Labor Sei Bid 22006 Temporary Labor Sei Bid 22006 Temporary Labor Sei Bid 22006 Temporary Labor Sei Bid 22006 Temporary Labor Sei Bid 22006 Temporary Labor Sei Bid 22006 Temporary Labor Sei Bid 22006 Temporary Labor Sei Bid 22006 Temporary Labor Sei Bid 22006 Temporary Labor Sei Bid 22006 Temporary Labor Sei Bid 22006 Temporary Labor Sei Bid 22006 Temporary Labor Sei Bid 22006 Temporary Labor Sei Bid 22006 Temporary Labor Sei Bid 22006 Temporary Labor Sei rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf ,vices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf City of La Porte purchasing Department Established 1892 CITY OF LA PORTE NOTICE TO BIDDERS BID #2200b TEMPORARY LABOR SERVICES Cherell Daeumer, purchasing Manager Sealed bids for Temporary Labor Services will be received until 2:00 p.m. Central Standard Time on Tuesday, November 30, 2021, at the City Hall Information Desk, City of La Porte 604 W. Fairmont Parkway, La Porte, Texas 77571. All sealed bids shall be submitted including one (1) marked original and one (1) electronic copy on a USB with the original forms clearly marked with bid number and description. The bids will be opened and publicly read in the Council Chambers immediately after the dosing hour for the bids on said date. No late bids will be considered Bid documents may be downloaded from www.pubiicpurchase,com, or may be obtained without deposit from; City of La Porte Purchasing Office, 604 West Fairmont Pkwy, La Porte, TX 77571, (281) 470-5126, purchasing@laportetx.gov. The City reserves the right to reject any and/or all bids, to waive any and all technicalities and to accept any bid or part thereof, which in the opinion of the city council, is most advantageous to the city. In case of ambiguity or lack of clearness in stating the prices in the bid, the city reserves the right to consider the most advantageous bid thereof or to reject the bid. BID WITHDRAWAL: No Bid shall be withdrawn for a period of 60 days after the opening of the Bids without the consent of OWNER. 1IPage Bid No. 22006 ° City of La Porte Purchasing Department E83 ,-_.I m Established 1892 Cherell Daeumer, Purchasing Manager rexns ANNUAL REQUIREMENTS CONTRACT FOR: Bid Number Bid 22006 Bid Title ANNUAL REQUIREMENTS CONTRACT FOR Temporary Labor Services Bid Start Date Thursday, November 11, 2021 Bid End Date Tuesday, November 30, 2021, 2:00 PM CST Question & Answer End Date Monday, November 22, 20215:00 PM CST Bid Contact Purchasing Division Purchasinz@laportetx.gov Contract Duration 1 Year, with 3 additional 1 year terms Prices Good for 60 days Pre -bid Conference No pre -bid conference will be held Bid Comments The City is soliciting bids for an annual requirements contract for Temporary Labor Services. Temporary labor is used to staff for the ongoing need for solid waste services provided by the City of La Porte 2 1 P a g e Bid No. 22006 City of La Porte Purchasing Department Eslabliskecl 1892 Cherell Daeun,er, Purchasing Manager rrxrs RESPONSIVE BIDDER CHECKLIST The following required documents must be included in your bid to be considered responsive: Bid Execution Page (appropriate for bidders' form of business organization (e.g., sole proprietorship, corporation, partnership or joint venture) (REQUIRED) () Bid Form (REQUIRED) () Insurance Requirements (Due after award) () Conflict of Interest Questionnaire (REQUIRED) () Local Bidder Preference (OPTIONAL, as applicable) () Mouse Bid 89 Verification Form (REQUIRED) () Reference Form (REQUIRED) () Form 1295 (Due after Award) 3 I P a g e Bid No. 22006 of : ` AZo .� City of La Porte Purckasing Department Esta%lisked 1892 Cherell Daeumer, Purchasing Manager 7'[XAP City of La Porte TERMS AND CONDITIONS OF BIDDING REQUIRED INFORMATION — Posting of Invitation to Bid Opening: 1. The City of La Porte ("the City") provides solicitation packages containing various documents that require completion by the offeror. This information must be completed prior to the date and time set for the bid opening and shall be included with the returned solicitation documents in order to be considered a responsive Offer. 2. Bids are to be prepared and submitted in accordance with the provisions herein. Failure to do so may result in rejection of the bid. Bids must be prepared and submitted only on the forms provided within the solicitation package. Where a signature is required, an authorized representative of the bidder must do so. Evidence as to such authority may be required. 3. Estimated Annual Requirement Contracts shall be for a predetermined period as specified in the written document. The quantities specified are estimates only of our projected annual requirements. The award of an estimated annual requirements contract allows the City to use the goods and/or services as the requirements and needs of the City arise on an annual basis and during any subsequent and consecutive renewal period(s) and providing funding is available. The City is not obligated to pay for or use a minimum or maximum amount of goods and/or services during the contracted term. Payment will be made pursuant to the unit prices bid in the contract and only for an amount that is actually used by the City. Bidder shall have no claim against the City for anticipated profits for the estimated quantities listed, diminished, or deleted. 4. If required by the solicitation documents, bid security shall be submitted with the offer. Any response submitted without the required bond, payment bond, or cashiers/certified check, shall be considered non -responsive and shall not be considered for award. Performance and/or payment bonds, when required shall be submitted to the City, prior to commencement of any work pursuant to the contracting requirements and process. 5. Solicitation packages are typically provided at no cost. If a fee is to be charged it will be so stated in the Invitation to Bidders. 4IP a ge Bid No. 22006 m City of La Porte Purckasing department Established 1842 Cherell Daeumer, Purchasing Manager 6. The City will not be liable for any costs associated with the preparation, transmittal or presentation of any solicitation submission or materials submitted in response to any solicitation. 7. The primary way to obtain solicitation documents is by downloading there from the City's third party provider, PublicPurchase.com. 4.1 Bidders are solely responsible for obtaining all Bid Documents, including forms, clarifications, drawings, and Addenda. Bidders are solely responsible for checking Public Purchase while the bid is active for clarifications, supplemental instructions, forms and/or addenda regardless of how the bid documents are obtained. The City will ONLY publish this information on Public Purchase and will not be responsible for a bidder's failure to obtain or include additional information provided on Public Purchase. 4.2 If a prospective bidder is unable to download the solicitation documents by registering at PublicPurchase.com or by other electronic means, these documents are available by contacting the Purchasing Division Office located at 604 M Fairmont Parkway, La Porte, Texas 77571. Telephone 281-470-5126; FAX 281- 470-5127. 8. All bid forms must be completed in ink, or typewritten. Bidders may not change any of the documents provided within the bid. Any change made may result in rejection of the bid, and will not be binding upon the City. If a bidder either electronically scans, re -types or in some other way reproduces the City's published solicitation package, then in the event of a conflict between the terms and provisions of the City's published bid specifications, or any portion thereof, and the terms and provisions of the offer, the City's bid specifications as published shall control. Furthermore, if an alteration of any kind to the City's published bid specifications is only discovered after the contract is executed and is or is not being performed, the contract is subject to immediate cancellation. 5 1 P a g e Bid No. 22006 OF L 4 °m City of La Porte Purchasing Department Established 1892 Chereli Daeume , Purchasing Manager reus 9. References made to a specific manufacturer or trade name in this solicitation is intended to be descriptive and not restrictive and to establish a desired quality level of merchandise or to meet a pre -established standard because of existing like items that have been previously deemed satisfactory by the City. Alternate product(s) bid from those specified in this solicitation must include a detailed explanation and documentation to support how the alternate items proposed by the bidder can perform as well as or better than those specified. If no alternate is proposed, and accepted by the City, the Bidder will be required to provide the specific item(s) described in the specifications. No substitution of items will be allowed except as otherwise noted within the specifications. Acceptable documentation to support proposed alternate items may include, but is not limited to: • Product identification, including manufacturer's name and address • Manufacturer's literature identifying the product including a detailed description, reference standards, performance and test data • Samples, as applicable • Contact information of similar applications where proposed product(s) has been used, date of product usage. • Itemized comparison of proposed alternate item with product or service specified, listing significant variations. Bidder further warrants and represents that in making a formal request for substitution by alternate items that: • Proposed alternate item(s) is equivalent or superior in all respects to the product specified, and • The same warranties and guarantees will be provided for the alternate item as for the product specified; • Bidder is solely responsible to provide all pertinent product data with the offer. 10. Where offers for equipment or other goods that are subject to manufacturer warranties that require sale or installation by authorized dealers or distributors are made, Bidder must be the manufacturer or an authorized dealer/distributor of the proposed manufacturer and 6 l P a g e Sid No. 22006 4F a City of La Porte Purckasing Department Esta6lisked 1892 Cherell Daeumer, Purchasing Manager rru� must be capable of providing genuine parts, assemblies and/or accessories as supplied by the manufacturer. Furthermore, Bidder must be capable of furnishing original product warranty and manufacturers related services such as product information, product recall notices, etc. Certification of licensing demonstrating bidder is an authorized dealer/distributor is to be provided by bidder when this requirement is applicable. 11. The City of La Porte encourages the use of products made of recycled materials to the extent that doing so does not reduce or impair the quality of the item(s) and it is economically feasible. The City will be the sole judge in determining product selection and suitability. 12. City shall not provide any interpretation of the meaning of plans, specification, or other prebid documents to any prospective bidder orally. Such communication must be in writing. 13. Questions or requests for additional information are to be submitted at PublcPurchase.com or to the Purchasing Division at purchasing@ laportetx.eov . NO requests or questions are to be asked directly of program staff outside of pre -bid conferences. If a Staff or Council member is contacted by a potential bidder, the person contacted must politely decline to discuss the procurement and forward the inquiry to the Purchasing Division. Likewise, a bidder that contacts someone other than authorized Purchasing Staff in regard to a solicitation may be disqualified. While the Purchasing Division staff may not be able to answer all of the technical questions asked by potential bidders, they will ensure that the information is provided to all potential bidders in such a way as to promote fair and equal competition. 14. All bidders must familiarize themselves with the locations for contract performance as required by the solicitation documents so as to take into account any and all relevant conditions when preparing the offer. Successful bidder will not be paid additional compensation due to failure to account for conditions that may be observed by a site visit. Worksites shall be made accessible to the public during normal business hours. However, appointments for site visits are preferred. 15. All bidders shall carefully examine all solicitation documents before completing and submitting a bid in addition to inspecting the work site and being familiar with any condition at the site that may affect the Work. 71P a ge Bid No. 22006 City of La Porte Purchasing Department Esitablisked 1892 Chere11 Daeumer, Purchasing Manager rsxrs 16. A successful bidder that is awarded a contract is solely responsible for any and all cost arising from (i) failure to comply with the requirements of the bid documents including without limitation, the requirement to inspect the bid documents and the work site, and (ii) failure to include any costs or expense attributable to site conditions that could have reasonably been discovered through a site inspection or examination of the bid documents. 17. Bidders must indicate any variance, no matter how slight, in the specification comments, on the proposal page, or pages attached thereto with the exact nature of the variance outlined in sufficient detail. If the variance information is not stated, or referenced as required, it will be assumed that the product or service complies with the City's terms, conditions and specifications. The city does not necessarily accept any variance or exception contained in a bid by receiving the bid. Any variance or exception proposed is subject to review and approval by the City. Any material variance that, in the sole opinion of the City, makes the bid conditional in nature may result in the entire bid being rejected in whole or in part. 18. Pricing is to include any freight, handling, or other fees associated with the goods or services. No additional costs wilt be allowed if not specified in this proposal. Only sales taxes are to be excluded. 19. Quantities shown in the solicitation documents represent estimated usage for the contract term and as such are for solicitation purposes only. The City reserves the right to increase or decrease quantities ordered. Nothing herein will be construed as intent on the part of the City to procure any goods or services beyond those determined by the City to be necessary to meet its needs. The City will only be obligated to pay for such quantity actually received and accepted as satisfactory and upon receipt of an itemized, correct invoice. 8(Page Bid Na. 22006 U m City of La Porte Purchasing department Esta6lished 1892 Cherell Daeumer, purchasing Manager ?VXAS City of La Porte TERMS AND CONDITIONS OF BIDDING Required Information — Receiving Bids 1. A bid shall be submitted to the City at; Information 'Desk Attention: Purchasing Division 604 W. Fairmont Parkway La Porte, Texas 77571 2. No oral, telegraphic, telephonic, or facsimile submittals will be considered or accepted. 3. One copy marked as "ORIGINAL" and one electronic copy shall be submitted. 4. The time clock/stamp used by the City Purchasing Division shall be the official time of receipt for responses submitted in hard copy paper form. All late submittals (received after the deadline posted) shall be considered void and unacceptable. Absolutely NO late submittals will be considered. 5. In case of inclement weather or any other unforeseen event causing the City to close for business on the date of a solicitation submission deadline, the solicitation closing will automatically be postponed until the next business day that the City is open. If inclement weather conditions or any other unforeseen event causes delays in carrier service operations, the City may issue an addendum to extend the deadline. It will be the responsibility of the vendor to notify the City of their interest in the project if these conditions are impacting their ability to turn in a submission within the stated deadline. The City reserves the right to make the final judgment call to extend any deadline. 9 1 P a g e Bid No. 22006 m City of La Porte Purc asing Department Esta6lisked 1892 Cherell Daeumer, Purchasing Manager t'cx�►e City of La Porte TERMS AND CONDITIONS OF BIDDING Required Information — Bid Opening to Contract Execution 1, Bids will be opened and publicly read immediately following the deadline for submission has passed. The public posting of the tabulation, and the apparent low bidder are neither final nor binding. All bids and bid documents are subject to review by Staff in determining responsiveness and responsibility. Bid tabulations are public information and are posted on PublicPurchase.corn and the City's website typically within 3 business days of opening. 2. Unless a bid is expressly rejected by the City, all bids will remain in effect for sixty (60) days subsequent to bid opening. Bidder may not withdraw or cancel or modify bid for a period of sixty (60) days after the advertised closing time for receipt of bids. The City reserves the right to reject any bid where a modification of its proposal materially affecting the bid prior to the sixty (60) day period occurs, The City may request that a bidder extend the effective period of their bid. Such a request will be made in writing, and will require the bidder's written consent to the extension. 3. Ordinance No. 98-2217 declares that the City will not make any expenditure of any kind for goods or services by the City from any person, firm or corporation owing any delinquent indebtedness to the City. Bidder agrees that by submitting this executed bid that at the time of submitting such documents, he is, at his option, submitting the bid in accordance with the Ordinance and, that if he is in debt to the City, payments he is owed under this contract will first be applied to pay off the debt. This complete ordinance may be found on the City's website. 4. The City will not accept conditional bids or unbalanced bids that , in the sole discretion and authority of the City, is determined to be materially unbalanced 5. The Purchasing Division reserves the right to make corrections to bids for any clerical error apparent on the face of the bid. This includes but is not limited to obviously incorrect units or misplaced decimal points, or arithmetic errors. In the event that comparison of the Bidder's "Unit Price" and "Total Price" submitted for any line item reveals a calculation error, the "Unit Price" shall prevail. 101P a ge Bid No, 22006 Of p of La Porte Purckasing Department Established 1892 Cherell Daeurner, Purchasing Manager r�^s 6. The Purchasing Division shall make the determination of responsibility of each bidder. A bidder may be requested to submit such additional information pertaining to responsibility as the Purchasing Official deems necessary. Failure to comply with such a request will result in a finding of non -responsibility and rejection of the bid. 7. The City reserves the right to reject any or all solicitation submissions without cause prior to award, to waive formalities, or to proceed otherwise when in the best interest of the City. 8. If Bidder is required to make a certification pursuant to Section 2270.002 of the Texas Government Code, Bidder certifies that Bidder does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. If Respondent does not make that certification, Respondent must indicate that in its Response and state why the certification is not required. GENERAL STANDARD TERMS AND CONDITIONS The City of La Porte General Terms and Conditions for Bidding and Contracts are posted on the City's website: http://Iaportetx.gov/515/Purchasing and are incorporated into this document by reference. An electronic PDF copy may be requested by calling 281-470-05126 or e-mailing purchasing@laportetx.gov. 111Page Bid No. 22006 City of La Porte Purchasing Department Established 1892 Cherell Daeumer, Purchasing Manager rCfLAg SCOPE OF WORK General Temporary labor is used to staff for the ongoing need for solid waste services provided by the City of La Porte. The successful Contractor shall demonstrate that they have a staffing pool of suitable labor available to respond to the city's requests. Requests to fill positions are typically made in the early weekday morning hours around 6:00 a.m. CST. A request made by the city may be for as few as one (1) worker up to and including requests for as many as six (6) workers that are needed the same morning (usually within 1-2 hours of making the request) to report for a regular shift that same day. There may be, on occasion, days where no request to provide labor occurs. The initial term of this contract shall be for a one year period from the date of approval by city council. If agreed to by both parties, the contract may be extended for up to three (3) additional 1-year terms. A price adjustment based on the Houston Galveston Area Labor Index CPI for unskilled labor may be considered upon renewal. In the event that services are scheduled to end because of the expiration of this contract, the Contractor shall continue the service upon the request of the Purchasing Manager, or their representative. The extension period shall not extend for more than 120 calendar days beyond the expiration date of the existing contract. The Contractor shall be compensated for the service at the rate in effect when the extension clause is invoked by the City. Hours/City Holidays Hours of work are normally eight (8) hours per day, Monday through Friday. However, hours may vary due to the requirement of the department and/or necessary work schedules. Approximate work hours are 7 hours on Monday and Tuesday and 5.5 hours on Thursday and Friday. Hours worked are reported in whole and quarter hours. The city will specify the time for the temporary employees' arrival to and departure from the work site. Temporary employees are solely responsible for transportation to and from the assigned work site. The city will not be responsible for payment of time spend to apply, test or interview for City jobs, or for any other time not actually spend performing the work assigned by the City. 12( P a ge Bid No. 22006 OF L City of La Porte Purckasing Department Established 1892 Cherell Daeumer, Purchasing Manager Official City Holidays are: New Year's Day, Labor Day, Good Friday, Memorial Day (Observed) Independence Day, Thanksgiving, Day after Thanksgiving Christmas Eve,Christmas Day Pricing All rates proposed for each classification shall include, but not be limited to, taxes, insurance, benefits, workers compensation and wages. The city will not provide any benefits including, but not limited to workers compensation, health benefits, vacation leave, sick leave, etc. for personnel under this contract. Overtime Employees assigned to temporary work at the city may be required to work overtime or beyond the work shift without prior authorization of the hiring supervisor/manager. Time and one-half the regular hourly rate will be paid for hours worked in excess of a consecutive forty (40) hour period calculated from Monday to Sunday. Hiring a Temporary Worker City shall not pay Contractor a fee if a person assigned under this contract is subsequently hired through a competitive hiring process and after working 500 hours as a temporary employee. Background Screening and Job Knowledge Successful Contractor is solely responsible to ensure that workers assigned under this contract maintain proof of employment eligibility and meet the job experience and knowledge requirements as specified under this contract. Upon request, the Contractor shall provide a copy of the assigned temporary employees' resume, application or any other documentation evidencing the skills and experience that qualifies them for this assignment. Any worker assigned under this contract shall have been pre-screened and tested prior to being assigned. Contractor is solely responsible for all cost associated with pre-screening requirements and background searches. 13 1 P a ge Bid No. 22006 4F . L . o City of La Porte Purchasing Department m Esta6lis6d 1892 Cherell Daeumer, Purchasing Manager '+tows Contractor will verify that any worker assigned to the city is fully documented and authorized to work in the United States. The city may require said documentation upon request. Workers assigned under this contract shall be screened for drugs using a five (5) panel drug screen. No worker that has failed a drug screening will be assigned to the City for work. Proof of said drug screening must be provided to the City on the first day of assignment. Drug screening for any temporary position where a CDL is required must be in accordance with the Federal Department of Transportation guidelines. Verification of workers' driver license record is also require. Vendor shall perform a criminal history search through the Texas Department of Public Safety public access crime records website prior to assigning a temporary worker to the City. Information about this service may be found at https://www.dps.texas.gov/section/crime- records At a minimum, any conviction record or sex offender registration status must be screened. Results of the search shall be provided to the city prior to assignment at the City. The City reserves the right, at its sole discretion, to accept or reject personnel for a job assignment based on the results of the search provided to the city. Contractor must adhere to the CDLP Background Check Policy attached. Work Attire Successful Contractor is solely responsible to ensure that assigned workers arrive properly attired for the work assignment. At a minimum, laborers shall wear long pants, safety shoes and shall have safety glasses, if required. Shirts may be short or long sleeved. No uniforms, footwear, personal protective equipment, rain gear, etc. will be provided by the city. Vests suitable for traffic control, visibility, etc. may be provided should the City elect to do so. Safety Personnel assigned to this contract shall be in possession and evidence an understanding of Solid Waste Safety Rules attached. Job Classifications Contractor will use the City's job classifications for assigned personnel. This is required to avoid confusion of assignments or placement of personnel and to facilitate payment of invoices. 141 P a ge Sid No. 22006 4Ofk City of La Porte Purchasing Department Esta6lisked 1892 Cherell Daeumer, Purchasing Manager Performance All personnel provided under the scope of this contract shall be capable of performing all of the stated required job duties in a satisfactory and manner acceptable to the city. The city shall be the sole judge of satisfactory performance. The city reserves the right to require that a temporary worker be replaced as deemed necessary solely by the city. The city will be responsible for payment of services rendered only until the time the Contractor is notified of unsatisfactory performance by an assigned worker. If for any reason a temporary worker leaves before the original assignment is complete, contractor is solely responsible to replace the temporary worker expeditiously, but not later than 24 hours. Contractor will waive all charges for workers assigned that report and are deemed unsatisfactory within the first two (2) hours of assignment. If assigned worker works more than two (2) hours and is then deemed unsatisfactory, the city will pay for all hours worked during the shift. Contractor shall be notified prior to commencement of the contract of those City employees authorized to request temporary worker assignments. Requests are typically made by the Solid Waste Division Supervisor with written confirmation by the Human Resources Department. References and Qualifications of Contractor Bidders shall furnish evidence satisfactory to the City demonstrating the means and experience in the type of work specified by this contract necessary to perform in a satisfactory manner. Bidders shall include the Reference Form, at minimum, to describe the experience and capability factors of the company. 15 1 P a ge Bid No. 22006 QF q °A City of La Porte Purckasing Department Established 1892 Cherell Daeumer; purchasing Manager TSMA4 ANNUAL REQUIREMENTS CONTRACT The City is accepting bids to establish a fixed price annual requirements contract for temporary labor services, as specified in this solicitation. The initial contract period will be effective for one (1) calendar year from the date of contract execution or award, whichever is first. Prices shall remain firm for the duration of the initial contract period. If pricing cannot be held for a 12 month period, state pricing terms. 161P a ge Bid No. 22006 City of La Porte Purchasing Department Esta6lis6d 1892 Cherel) Daeumer, Purchasing Manager 8.1 Bid Execution By a Corporation The undersigned, hereby acknowledges having received Solicitation Number containing a full set of Contract Documents, including but not limited to, 1) Requirements for Bidding and Instructions to Bidders, @) Standard Terms and Conditions - General Conditions, 3) Special Conditions, 4) Contract Plans or Drawings (if applicable), 5) Detailed Specifications, 6) Proposal Pages, 7) Certifications and 8) Addenda Nos. (none unless indicated here) , and affirms that the corporation shall be bound by all the terms and conditions contained in the Contract Documents regardless of whether a complete set thereof it attached to this proposal or bid, except only to the extent that the corporation has taken express written exception thereto in the sections of this solicitation designated for that purpose. Under penalty of perjury, the undersigned: (1) warrants that he/she was authorized to submit this execution page on behalf of the Disclosing party; (2) warrants that all certifications and statements contained in the execution pages are true, accurate and complete as of the date the execution page was submitted; and (3) further warrants that, as of the date of submission of this solicitation there have been no changes in circumstances since the date that the Execution page was submitted that would render any certification in the execution page false, inaccurate or incomplete. Furthermore, the undersigned being duly sworn, deposes and says on oath that no disclosures of ownership interests have been withheld and the information provided therein to the best of its knowledge is current and the undersigned has not entered into any agreement with any other Bidder (proposer) or prospective Bidder (proposer) or with any other person, firm or corporation relating to the price named in this proposal or any other proposal, nor any agreement or arrangement under which any act or omission in restraint of freedom of competition among Bidders (proposers) and has not disclosed to any person, firm or corporation the terms of this bid (proposal) or the price named herein. Proposals must be submitted with original signatures in the space provided. Proposals not properly signed will1 be rejected. LC- OF CORPORATION: - Q t)C)n nP.J � ti✓ rT �[Jl��� �� ���[ � (rTypes SIGNATURE OF PRESIDENT`: (Or Authorized Officer) (Signatures TITLE OF SIGNATORY: [�liF'tl► l�f'1_T�7w7T#�'31 `Note: In the event that this bid (proposals is signed by other than the President, attach hereto a certified copy of that section of Corporate By -Laws or other authorization, such as a res I "on bVI e oard of Directors, which permits the person to sign the offer for the Corporation. ATTEST: (Co orate Secretary Signatures (Affix Corporate Seals State of X� J County of�J(p� This instrument was acknowledged befog me on this,�__`N{dayof d 20by as Presient (or other authorized officer) and as Secretary of 1(�—orp",-t;�n Name). (Seal) Pin Ain Commission Expires: tary Public Signat County .. of �1�uV'i'Sf�1(1 a4?¢y'p Brianne Elizabeth Castle My Commission Fires Jr 0413=025 ID No. 133076240 City of La Porte Purckasing Department Esta6lished 1892 8.2 Bid Execution By a Joint Venture Cherell Daeumer, Purchasing Manager The undersigned, hereby acknowledges having received Solicitation Number 2-?—L-4D 6 containing a full set of Contract Documents, including but not limited to, 1) Requirements for Bidding and Instructions to Bidders, @) Standard Terms and Conditions - General Conditions, 3) Special Conditions, 4) Contract Plans or Drawings (if applicable), 5) Detailed Specifications, 6) Proposal Pages, 7) Certifications and 8) Addenda Nos. (none unless indicated here) and affirms that the Joint Venture shall be bound by all the terms and conditions contained in the Contract Documents regardless of whether a complete set thereof it attached to this proposal or bid, except only to the extent that the corporation has taken express written exception thereto in the sections of this solicitation designated for that purpose. Under penalty of perjury, the undersigned: (1) warrants that he/she was authorized to submit this execution page on behalf of the Disclosing Party; (2) warrants that all certifications and statements contained in the execution pages are true, accurate and complete as of the date the execution page was submitted; and (3) further warrants that, as of the date of submission of this solicitation there have been no changes in circumstances since the date that the Execution page was submitted that would render any certification in the execution page false, inaccurate or incomplete. Furthermore, the undersigned being duly sworn, deposes and says on oath that no disclosures of ownership interests have been withheld and the information provided therein to the best of its knowledge is current and the undersigned has not entered into any agreement with any other Bidder (proposer) or prospective Bidder (proposer) or with any other person, firm or corporation relating to the price named in this proposal or any other proposal, nor any agreement or arrangement under which any act or omission in restraint of freedom of competition among Bidders (proposers) and has not disclosed to any person, firm or corporation the terms of this bid (proposal) or the price named herein. Proposals must be submitted with original signatures in the space provided. Proposals not properly signed will be rejected. JOINT VENTURE NAME: (Print or Type) JOINT VENTURE ADDRESS: (Print or Type) SIGNATURE AND ADDRESSES OF ALL MEMBERS OF THE JOINT VENTURE (If all members of the Joint Venture do not sign, indicate authority of signatories by attaching copy of Joint Venture weement or othef at)fhorizing document): SIGNATURE OF Authorized Party: V (Signature) r TITLE OF SIGNATORY: VILE'rrQ��dt'r �� (Print or Type) BUSINESS ADDRESS: Ainr� ?i11 4u f l yer-4 Pi -AA r-Pn r Y TX (Print cr Type) ATTEST: (Joint Venture Secretary Signature) (Affix Joint Venture Seal) OR Joint Venturer Signature: (Signature) Address (Print or Type) Joint Venturer Signature: (Signature) Address: (Print or type) Joint Venturer Signature: (Signature) Address: (Print or Type) State of County of This instrument was acknowledged before me on this VU day of o-v 20.-1 by } In L-Q as President (or other auth - ed officer) and as Secretary of (oint Venture Name). t.rveaq ' l___Commission Expires: all taPublic Signature tt" City of La Porte Purchasing Department Estaklished 1892 8.3 Bid Execution By a Partnership Cherell Daeumer, Purchasing Manager The undersigned, hereby acknowledges having received Solicitation Number containing a full set of Contract Documents, including but not limited to, 1) Requirements for Bidding and Instructions to Bidders, @) Standard Terms and Conditions - General Conditions, 3) Special Conditions, 4) Contract Plansor Drawings (if applicable), 5) Detailed Specifications, 6) Proposal Pages, 7) Certifications and 8) Addenda Nos. (none unless indicated here) and affirms that the Joint Venture shall be bound by all the terms and conditions contained in the Contract Documents regardless of whether a complete set thereof it attached to this proposal or bid, except only to the extent that the corporation has taken express written exception thereto in the sections of this solicitation designated for that purpose. Under penalty of perjury, the undersigned: (1) warrants that he/she was authorized to submit this execution page on behalf of the Disclosing Party; (2) warrants that all certifications and statements contained in the execution pages are true, accurate and complete as of the date the execution page was submitted; and (3) further warrants that, as of the date of submission of this solicitation there have been no changes in circumstances since the date that the Execution page was submitted that would render any certification in the execution page false, inaccurate or incomplete. Furthermore, the undersigned being duly sworn, deposes and says on oath that no disclosures of ownership interests have been withheld and the information provided therein to the best of its knowledge is current and the undersigned has not entered into any agreement with any other Bidder (proposer) or prospective Bidder (proposer) or with any other person, firm or corporation relating to the price named in this proposal or any other proposal, nor any agreement or arrangement under which any act or omission in restraint of freedom of competition among Bidders (proposers) and has not disclosed to any person, firm or corporation the terms of this bid (proposal) or the price named herein. Proposals must be submitted with original signatures in the space provided. Proposals not properly signed will be rejected. BUSINESS NAME: (Print or Type) BUSINESS ADDRESS: (Print a Type) SIGNATURE AND ADDRESSES OF ALL MEMBERS OF THE PARTNERSHIP (If all General Partners do not sign, indicate authority of signatories by attaching copy of the partnership agreement or other authorizing document): Address: (Print or Type) Partner Signature: (Signature) Address. (Print or type) Partner Signature: (Signature) Address: (Print or Type) State of County of This instrument was acknowledged before me on this (or other authorized officer) and Notary Public Signature day of . 20_ by as Secretary of Commission Expires: (Seal) as President (Partnership Name). City of La Porte Purchasing Department Established 1892 8.4 Bid Execution By a Sole Proprietor Chere(i Daeumer, Purchasing Manager The undersigned, hereby acknowledges having received Solicitation Number containing a full set of Contract Documents, including but not limited to, 1) Requirements for Bidding and Instructions to Bidders, @) Standard Terms and Conditions - General Conditions, 3) Special Conditions, 4) Contract Plans or Drawings (if applicable), 5) Detailed Specifications, 6) Proposal Pages, 7) Certifications and S) Addenda Nos. (none unless indicated here) and affirms that the sole proprietor shall be bound by all the terms and conditions contained in the Contract Documents regardless of whether a complete set thereof it attached to this proposal or bid, except only to the extent that the corporation has taken express written exception thereto in the sections of this solicitation designated for that purpose. Under penalty of perjury, the undersigned: (1) warrants that he/she was authorized to submit this execution page on behalf of the Disclosing Party; (2) warrants that all certifications and statements contained in the execution pages are true, accurate and complete as of the date the execution page was submitted; and (3) further warrants that, as of the date of submission of this solicitation there have been no changes in circumstances since the date that the Execution page was submitted that would render any certification in the execution page false, inaccurate or incomplete. Furthermore, the undersigned being duly sworn, deposes and says on oath that no disclosures of ownership interests have been withheld and the information provided therein to the best of its knowledge is current and the undersigned has not entered into any agreement with any other Bidder (proposer) or prospective Bidder (proposer) or with any other person, firm or corporation relating to the price named in this proposal or any other proposal, nor any agreement or arrangement under which any act or omission in restraint of freedom of competition among Bidders (proposers) and has not disclosed to any person, firm or corporation the terms of this bid (proposal) or the price named herein. Proposals must be submitted with original signatures in the space provided. Proposals not properly signed will be rejected. SIGNATURE OF PROPRIETOR: (SIGNATURE) DOING BUSINESS AS: (Print or Type) Business Address {Print or Type) {Print or Type) (Print or Type) State of County of This instrument was acknowledged before me on this (or other authorized officer) and Notary Public Signature day of .20 by as Secretary of Commission Expires: (Seal) as President (Partnership Name). City of La Porte Purchasing Department Established 1892 Article 9 EXHIBITS Exhibit pages to follow Remainder of page intentionally blank Cherell Qaeumer, Purchasing Manager City of La Porte Purchasing Department EsEaklished 1892 Cherell Daeumer, Purchasing Manager BID FORM- BID #22006-TEMPORARY LABOR SERVICES Item Description Hourly Wage Mark Up Total Hourly Wage Paid to Employee Rate 36 Billed to City Solid Waste Worker $ I r-) % $ 19-15 The City of La Porte's Solid Waste Department may request as few as 1 temporary worker per day, or as many as 6 temporary workers per day. NOTE: Please itemize any other additional fees or charges. Any charges not included in this proposal will not be allowed. Attach additional sheet if necessary. The City of La Porte is exempt from taxes. DO NOT INCLUDE TAX IN BID The undersigned certifies: 1. to comply with all instructions to bidders, attached specifications and other documents contained in this solicitation; 2. that they have not conspired with any other potential supplier in any manner to attempt to control competitive pricing; 3. that they are a duly qualified, capable and bondable business entity not in receivership or contemplating same, and has not filed for bankruptcy. 4. affirms that they will not discriminate against any employee or applicant as prohibited by law. Failure to comply may lead to termination of contract. METHOD OF PAYMENT: City of La Porte payment terms is Net 30 (vendor paid within 30 days of satisfactory receipt of goods and an approved invoice) Do you allow for payments using the City's Procurement Card Provider, CitiBank (this is the preferred payment method in many instances)? If "yes", discount offered % Discount for weekly payment % Credit card fee, if any % 604 W. Fairmont Parkway , La Porte, Texas 77571 ■ (281)470-5123 w www.laporteix.gov Company Name: LL l�t"W"'} ��� �-C�D rAtr Authorized Signer: Vi�1C� u�tcl.E (Printed Name) Authorized Signer: 4� (Sriignaature Telephone No: .�1 ' m� i 1Og01' r E-mail: 11 V P -a� 604 W. Fairmont Parkway a La Porte, Texas 77571 ■ (281)470-5123 ■ www.laportetx.gov City of La Porte Purchasing Department EstaklAed 1892 Exhibit B Insurance Requirements Cherell Daeumer, Purchasing Manager Contractor shall keep and maintain during the term of this contract, insurance as detailed in this Exhibit. Each policy obtained by the Contractor for work with this Contract, with exception of the Worker's Compensation policy, shall name the City of La Porte as an additional insured, and shall contain waiver of subrogation in favor of the City of La Porte. The coverage and amounts designated are minimum requirements and do not establish limits of the Contractor's liability. Additional coverage may be provided at the Contractor's option and expense. General Liability; Commercial General Liability General Aggregate $2,000,000.00 Personal Injury $1,000,000.00 Each Occurrence $1,000,000.00 Automobile Liability: Combined Single Limit $1,000,000.00 Excess Liability: Umbrella Each Occurrence $1,000,000.00 Each Aggregate $1,000,000.00 Worker's Compensation: A. Definitions: Certificate of coverage ("certificate"). A copy of a certificate of insurance, a certificate of authority to self - insure issued by the commission, or a coverage agreement (TWC-81, TWCC-82, TWCC-83 or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's work on the project has been completed and accepted by the Owner. Persons providing services on the project - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services include without limitation providing, hauling or delivering equipment or materials, or providing labor, transportation or other services related to the project. CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, Seth Leg., Regular Session. OFFICEUSEONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code Date aecewd by a person who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administratorof the local governmental entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1 Name of person who has a business relationship with local governmental entity. 2 Check this box If you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or Inaccurate.) 3 Name of local government officer with whom filer has employment or business relationship. Name of Officer This section (item 3 including subparts A. S, C & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIO as necessary. A. Is the local government officer name! In this section receiving or likely to receive taxable Income, other than Investment Income, from the filer of the questionnaire? FlYes a No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable Income Is not received from the local govemmental entity? a Yes No C. is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? QYes allo D. Describe each employment or business relationship with the local government officer named In this section. 4 Signature of parson doing business with the governmental entity flats Adopted 06129/2007 CITY OF LA PORTE LOCAL BIDDER PREFERENCE APPLICATION Sections 271.905 and 271,9051 of the Texas Local Government Code authorize a municipality to consider a vendor's location in the determination of a bid award if the lowest bid received is from a business outside the municipality and contracting with a local bidder would provide the best combination of price and other economic benefits to the municipality. The City of La Porte, Texas has determined that the allowable preference shall be applied to local vendor's bids for the purposes of evaluation when requested in writing by local bidder and when determined to be in the best interest of the City to do so. This request form and any supporting documentation must be submitted with quote/bid in order to be considered by the City of La 'Porte, Texas. Questions should be addressed to the Purchasing Department at 281-470-5126. Exclusions to the local preference include expenditures of $25,000 or less, and those purchases which are: sole source, emergency, federally -funded, cooperative contracts, service contracts subject to the Professional Services Procurement Act, contacts awarded through request for proposals or qualifications, or via inter -local agreement. Location Eligibility: Principal place of business in La Porte, Texas. Principal place of business is defined herein as a business that is headquartered in and has an established place of business in the incorporated limits of the City of la Porte, and from which a substantial role in the entity's performance of a commercially useful function or a substantial part of its operations is conducted. A location utilized as a post office box, mail drop or telephone message center or any combination thereof, with no other substantial work function, shall not be construed as a principal place of business. 1. (a) If yes, identify name of business/DBA, address and business structure: sole proprietorship, partnership, corporation or other. Name of business/DBA: LE -Pps5 nne 1 NA La.�or F lndl Oty:_dar % • IN Sole Proprietorship IN Partnership CZ Corporation m Other (b) Name and city of residence of owner(s) partners/corporate officers as applicable Name: City: 2. General Business Information: (a) Year business established (La Porte location) (b) Most recent year property valuation (if owned); real and personal property $ (c) Is business current on all property, sales tax and utility bills at the time of this application? J L5 (d) Total number of current employees and number of La Porte -resident employees 3. Economic Development benefits resulting from award of this contract: (a) Number of additional jobs created or retained for La Porte resident -employees (b) Local subcontractor utilized, if applicable; name, location and contract value for each City of La Porte Purchasing Department Esta6(ished 1892 Name: Address: Contract Value $ Cherell Daeumer, Purchasing Manager LOCAL BIDDER PREFERENCE APPLICATION, Continued (c) Other economic development benefit deemed pertinent by applicant The undersigned does hereby affirm that the information supplied is true and correct as of the date hereof, under penalty of perjury. City Bid No. /Quote for which the local preference is requested: (Name of Bi (Signatu 1� I nce-- L�Le' c " (Print Name) THE STATE OF TEXAS § COUNTY OF § I0 ;qt 2I (Date) Appeared before me the above -named !- known to me to be the same, and swore that the information provided in response to`the foregoing u stions are true and correct to the best of his/her knowledge and belief, this �` day of �Mb��M� e—ft 8rlanne Elizabeth Castle z°` "b my commission Expires owor20Z5 ID No.133476240 NOTARY PUBLIC, STATE OF TEXAS Printed Name: by i Qnr1C"C1�kG Commission Expires: House Bill 89 VERIFICATION I, vhi Z& Person's name the undersigned representative and authorized agent of (Company or Business name) LC .Qx' YrhP] f� LGLh?1" E1vA YS being an adult over the age of seventeen (17) years, do hereby verify that the company named above, as required under the Provisions of Subtitle F, Title 10, Texas Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract the above named Company, has with City of La Porte, Texas. Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes, and 2 "Company" means a for -profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority -awned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. 1 i V /' ::I, - DATE SIGNATURE OF COMPANY REPRESENTATIVE City of La Porte Purchasing department Established 1892 References: Cherell Daeumer, purchasing Manager Please PRINT or TYPE here, the names, addresses and other contact information of persons in a management capacity where other similar work has been provided within the last five (5) years, or is currently being provided that may be willing to provide a reference and recommendation for your company. Failure to complete and submit this form may be cause to disqualify your proposal. References provided must be for similar on call services. At least 2 references should be current and of a similar size and scope. Contractor shall also indicate the date services were performed and a brief description of the type of services involved for each reference provided. Company Name Hotchkiss Disposal Contact Address Ryan Hochkiss 4219 Tx - 146 Telephone 281-427-6666 E-mail Portasan-ryan@comcast.net Sevices Ba town,Tx. 77520 Company !Name Contact Jacinto Port Azelin Alonzo Address Telephone 16398 Jacinto Port Blvd. 713-673-7000 E-mail azelin.alonso@jacintoport.com International Channelview,Tx, 77015 Company Name Adams Wholesale Contact Steven Golden Address 3021 Randolph Rd. Telephone 281487-2004 E-mail Steve@adamssupplyinc.com Supply, Inc. Pasadena,Tx. 77503 Company Name Contact Tex-Trude Monica Muniz Address 2001 Sheldon Rd. Telephone 713-480-3420 E-mail mmuniz@tex-trude.com Channelview,Tx. 77530 Company Name Smith Moble ,lnc. Contact Lavon Smith Address Telephone 3730 Kirby Dr. Ste 1200 713-834-1100 E-mail Idsmith@smithmobleyinc.com Houston,Tx. 77098 Company Name Contact Address Telephone E-mail Friendly Public Victor West 7939 Harrisburg Blvd . 713-921-2660 victor@fpwtx.com Warehouse Houston,Tx. 77012 CERTIFICATE OF INTERESTED PARTIES FORM 1295 OFFICE USE ONLY Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. \e)l 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2 Name of governmental entity or state agency that is a party tothe contract for which the form Is being filed.► 3 Provide the identification number used by the governmental entity or state agency to k p dentify the contract, and provide a description of the services, goods, or other property to be provided a contract. 4 city, State, Country ature of Interest {check applicable} Name of Interested Party {place of business} ♦ Conlrotiing Intermediary Jig: S aCheck only if there rested Party. UNSWORN DEC�iI� N My name Is ` and my date of birth is My addre.. (street) (city) (state) . (zip code) (oountry) g'ender penalty of perjury that the foregoing Is true and correct. Executed in County, State of , on the day of . 20 (month) (year) Signature of authorized agent of contras" business entity (Declarant) ADD ADDITIONAL PAGES AS NECESSARY Farm provided by Texas Ethics Commission ww athics state.tcus Revised 12122/2017 O� A V m rxa CITY OF LA PORTE SOLID WASTE WORKER JOB DESCRIPTION FLSA: Non -Exempt PAY GRADE: 010 DEFINITION To perform heavy manual labor in the collection and the removal of refuse, trash, brush, and solid waste. SUPERVISION RECEIVED AND EXERCISED Receives general supervision from higher level solid waste personnel ESSENTIAL JOB FUNCTIONS Duties may include, but are not limited to, the following: Pick up and empty refuse material into refuse truck. Pick up brush, bulky items and other debris and place it into refuse truck. Operate mechanism for loading, compressing, and dumping refuse material. Provide direction to truck operator in backing up and moving refuse truck in collections operations. Clean and perform minor maintenance on refuse vehicles as required. Perform related duties as assigned. QUALIFICATIONS Knowledge of: Proper lifting techniques. Refuse collection equipment operations. Rules, policies, and procedures relating to refuse collection and safety. Ability to: Perform heavy manual labor. Work in unfavorable weather conditions. Understand and carry out written and oral instructions. Establish and maintain effective working relationships with those contacted in the course of work. TRAINING AND EXPERIENCE Some experience in heavy manual labor and completion of formal or informal training sufficient to read and write at a level necessary for adequate job performance. Possession of a High School Diploma or GED, is desirable. Rev Apr 2014 SOLID WASTE WORKER JOB DESCRIPTION PAGE 2 'Please note this Job descripilon is not designed to cover or contain a comprehensive lfsdng of activities, duties, or r+esponsibWes that are required of the employee for this job. 'Duties, responslbllfiies and actions may change at any time with or without nodce. The City of La Porte Is an Equal Opportunity and Affirmative Action Employer. Employee signature below constitutes employee's understanding of the requirements, essential functions and duties of the position. Employee Name Date Rev Apr 2014 City of La Porte Solid Waste Depar&mnt Safety Handbook Solid Waste Safety Rules, Policies and Procedures 13. GO FORWARD — Raise right hand above the shoulder and with the index finger pointing ahead, repeatedly move the hand in a forward motion. 14. LOW HANGING OBJECTS —Whenever the helper maybe endangered by low hanging or other projections being passed by the moving truck, the driver will warn the helper by two short signals of the track horn. Garbage and Trash Vehicle Waste Collector Safety Rules 1. Before leaving the yard, assist the driver in checking the truck back-up alarm, drivers warning buzzer and all lights particularly stop signal and tail lights. 2. Riding on the trash vehicle riding step is NOT PERMITTED if: a. The truck is backing up; b. Forward speeds are expected to exceed 10 mph; and, c. If the truck is expected to travel more than two -tenths (0.2) of a mile without stopping. 3. When riding on the riding step, stand facing the truck and use both hands on the grab -handle. 4. Stand well clear when the tailgate is in motion and during unloading. DO NOT stand under raised tailgate. 5. Tie -down of the joy -stick (packer lever) is prohibited. 0 Try to make all of our jobs safer. If you have ideas for improving safety, tell your supervisor and follow-up to determine if anything has been done about your idea. Ridinq on steos 1. Always wait until the truck has come to a complete stop before mounting or dismounting. 2. Keep the step clear of waste material and grease; to avoid a slip and fall situation. 3. If there is a button that signals the driver, remember to use it only in emergency situations. Make sure the button works before using the vehicle. 4. When the truck is traveling a long distance (more than two -tenths of a mile), ride in the cab and wear the seat belt. 5. Do not ride on the step while backing. 6. Do not block the rear signal lights. V-7 Implemented on 12/1612013 City of La Forte Solid Waste Departrnent Safety Handbook Solid Waste Safety Rules, Policies and Procedures 7. If there are not enough riding steps for a multi -man crew, ride in the cab, not in the hopper. 8. Ride in the cab, not on the step, at the landfill and other disposal sites. Getting Can and Off the Rear Riding Step 1. Dismount to the side and keep an eye on the ground. 2 Keep your body facing the truck when dismounting. 3. Keep a hold on the grab handle when stepping onto or off the riding step. 4. Check the road surface before dismounting to be sure that there are no slippery spots, puddles, or objects in the way. 5. Place feet flatly on the surface 6. Avoid painted, slippery curbs, and wet grass when stepping off the truck. 7. Keep steps dry and clean of waste and/or debris 8. Always wait until the truck has come to a complete stop before mounting or dismounting. 9. Keep the step clear of waste material and grease; to avoid a slip and fall situation. 10. If there is a button that signals the driver, remember to use it only in emergency situations. Make sure the button works before using the vehicle. 11. When the truck is traveling a long distance (more than two -tenths of a mile), ride in the cab and wear the seat belt. 12. Do not ride on the step while backing. 13. Do not block the rear signal lights. 14. If there are not enough riding steps for a multi -man crew, ride in the cab, not in the hopper. 15. Ride in the cab, not on the step, at the landfill and other disposal sites. V-8 Implemented on 12/M2013 City of La Porte Solid Waste DepaRment Safety Handbook Solid Waste Safety Rules, Policies and Procedures Safe Lifting Techniques Solid Waste personnel will be given periodic training concerning Back Safety and Safe Lifting Techniques. Always evaluate the load before lifting it and get assistance from a co-worker to lift heavy and/or bulky objects. To provide safety to your back while lifting, be sure to follow the safety guidelines below: 1. Wear Back Brace Belt tight. 2. Tighten the stomach muscles. 3. Get a firm footing with a wide base of support. 4. Bend the knees. 5. Lift with the legs. 6. Keep the load close. 7. Keep the spine upright. Training will also emphasize that strain or injury can be minimized if the worker: 1. Never leans forward without bending the knees or extending one leg back. 2. Never lift anything of significant weight above the elbows. V-9 Implemented on 12/16/2013 - m Background Check Policy rx►• (Excluding Police, Fire and EMS Personnel) As part of the application process, the City of La Porte conducts pre -employment criminal history background checks for all positions. The applicant's failure to identify any incidents as requested on the employment application, unless allowed by law, and the subsequent revelation of the incident pursuant to the criminal history background checks will automatically disqualify the applicant from employment with the City of La Porte. Culpability of any of the offenses listed below, as shown by a conviction, a plea of no contest, or deferred adjudication, shall constitute grounds for disqualification of potential employment or volunteer opportunities with the City of La Porte. Each incident will be evaluated on a case by case basis and will require the approval of the City Manager and Director of Human Resources. The list below is intended to illustrative and not inclusive of all offenses. The City of La Porte reserves the right to exercise sound business judgment when making a determination of disqualification of an applicant whose employment could have an adverse impact on the City of La Porte. Offense Within the Last Disorderly Conduct 3 years Reckless Driving 3 years Any alcohol -related offense while under 21 3 years OR 2 in 5 years Criminal Mischief misdemeanorgrade) 5 years Harassment 5 years Sell in/furnishing alcohol to a minor 5 years Driving with a suspended drivers license 5 years DWI/DUI 5 years OR 2 in 10 years Possession of a controlled substance 10 years Any offense involving theft or fraudulent activity 10 years -Any-offense involving the use of a threat of violence 10 years Public Lewdness/Indecent Exposure Disqualified Any offense involving bribery or corrupt influence 10 years Any offense involving perjury or other falsification 10 years Any offense involving obstructing governmental operation 10 years Any offense involving the abuse of office 10 ears Any offenses related to the manufactureldistribution of a controlled substance 10 years Any offense involving a deadly weapon 10 years Any sexual offense Disqualified Any offense with the grade of Felon 10 ears REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 10, 2022 Requested By: Ray Mayo, Director Department: Public Works • Report c - Resolution Ordinance Exhibits: October 11, 2021 Agenda Request, October 11, 2021 Minutes, Notification from Grapevine Dodge, Updated Quote for V6 AWD Chargers, Quote from Lake Country Chevrolet Appropriation Source of Funds: 009-Motor Pool Account Number: 009-5253-521-8050 Amount Budgeted: 82,554.00 Amount Requested: 75,188.50 Budgeted Item: �*' Yes �' No SUMMARY & RECOMMENDATION City Council awarded the purchase of five (5) Dodge Chargers to Grapevine Dodge Chrysler Jeep Ram at the October 11t" City Council meeting. Following the award, Equipment Services staff was notified by the dealer of unexpected inventory and production changes that would limit us to accept all -wheel drive models for all five (5) Dodge Charger replacements. La Porte Police Department staff was made aware of the changes and had concerns of the V6 all -wheel -drive (AWD) vehicles being utilized in an aggressive driver enforcement application. To alleviate the concerns, PD staff has requested to change two (2) of the Chargers to rear -wheel drive Chevrolet Tahoe PPVs. The three (3) remaining AWD Chargers have a price increase of $2,262.00 each. VENDOR BUDGET ITEM BUDGETED BID USER AMOUNT Lake Country 2 ea. Chevrolet $82,554 $75,188.50 PD Patrol Chevrolet Tahoe PPV Benefits: • Vehicle meets the needs of the department. • The PPV Tahoes are in -stock. Liabilities: 0 The V6 all -wheel drive did not meet the required specification. Miscellaneous: a) The vehicles to be purchased with this agenda request will replace existing vehicles that are now at the end of their service lives with funding from the Vehicle Replacement Fund. b) The budgeted amount listed in the table for the replacement vehicles represents the total funds deposited by each department through FY 2020-21 in the form of lease fees paid by the department over the lease term designated for each vehicle. c) The amounts listed in the table for vehicles/equipment are the funding amounts approved by Council for the FY 2021-22 budget for equipment replacement. Each division will pay lease fees over the life of the units to establish a funded amount for future replacements. d) The balance remaining (funded amount minus replacement costs) either remains in the divisional motor pool account to pre -fund a portion of the replacement vehicle or is sometimes utilized by the division for up -fitting equipment. (e.g. light bar, trailer hitch, patrol unit up -fitting). Staff recommends an approval of an Interlocal Agreement with the cooperative purchasing group, TIPS USA, and this change which would reduce the previously awarded amount to Grapevine Dodge Chrysler Jeep Ram to $94,366.00 from the previous City Council approved amount of $145,730.00, and the purchase of two (2), in - stock Chevrolet Tahoes from Lake Country Chevrolet under cooperative purchasing contract 210907, in the amount of $75,188.50. The result is a net increase of $23,824 above the previously awarded amount for the (5) five vehicles. ACTION REQUIRED BY CITY COUNCIL Approve a reduction of $51,364 from amount previously awarded to Grapevine Dodge Chrysler Jeep Ram and award a purchase of (2) two Chevrolet Tahoe PPVs to Lake Country Chevrolet in the amount of $75,188.50. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: October 11, 2021 Requested By: Ray Mayo, Director Department: Public Works rW Report r Resolution C Ordinance Exhibits: Vehicle and Equipment Quotes Appropriation Source of Funds: Various 009 Account Number: NIA Amount Budgeted: $1,248,810.00 Amount Requested: $1,026,741.97 Budgeted Item: + Yes No SUMMARY & RECOMMENDATION Quotes were received through the Texas BuyBoard and GSA Cooperative Purchasing Programs far vehicles, equipment and up -fitting eligible for replacement in the FY 2021- 22 Vehicle Replacement Program. This is the first round of FY 2021-22 equipment replacement purchase approvals. There will be a replacement with the same type vehicle for five (5) full-size sedans, one ambulance, and one six-yard dump truck. There are five (5) same -type replacements for Golf Course equipment and four (4) same -type equipment replacements for the Street Department. There is one zero -turn mower for Airport Maintenance and one Utility Vehicle with ambulance module to become additions to the fleet. VENDOR BUDGET ITEM BUDGETED BID USER Grapevine PD Dodge Chysler (5) Dodge Chargers $244,179 $145,730.00 patrol Jeep Doggett Heavy (1) 650K John Deere $112,974 $119,800.00 Streets Machine Dozer (1) Dodge 4500 w/ Mac Haik Dodge Frazer $278,755 $251,978.00 EMS Chrysler Jeep ambulance module Doggett Heavy (1) Dyna Pack $54,819 $54,000.00 Streets Machinery Asphalt Roller (1) New Holland TS6 WC Tractors Tractor w128 ft. $174,147 $117,356.60 Streets boom VENDOR BUDGET ITEM BUDGETED BID USER Wowco 68 HP Kubota Skidsteer $47 874 $45,637.93 Streets wl bucket Rush Truck Hino 6-Yard Dump $112 907 $91 612.00 Utilities Center Truck Wowco (2) Kubota Zero -turn $26 831 $27,906.44 Golf 1 mowers Airport Brookside (1) John Deere 7700A Fairway $62,160 $52,047.56 Golf Equipment mower Brookside (1) John Deere 2550 Precision cut $36,524 $30,983.10 Golf Equipment mower Brookside (2) John Deere $44,624 $36,674.37 Golf Equipment Utility Tractors (1) Kawasaki UVC Utility Vehicle wl Custom $53,016 $53,015.97 EMS Powersports Medical Bed Enclosure Totals $1,248,810.00 $1,026,741.97 Miscellaneous: a) The vehicles to be purchased with this agenda request will replace existing vehicles that are now at the end of their service lives with funding from the Vehicle Replacement Fund, with the exception of one zero -turn mower and one Utility vehicle with ambulance module. b) The budgeted amount listed in the table for the replacement vehicles represents the total funds deposited by each department through FY 2020-21 in the form of lease fees paid by the department over the lease term designated for each vehicle. The funds for zero -turn mower were approved in the FY 2021-22 budget. c) The amounts listed in the table for vehicles/equipment are the funding amounts approved by Council for the FY 2021-22 budget for equipment replacement. Each division will pay lease fees over the life of the units to establish a funded amount for future replacements. d) The balance remaining (funded amount minus replacement costs) either remains in the divisional motor pool account to pre -fund a portion of the replacement vehicle or is sometimes utilized by the division for up -fitting equipment. (e.g. light bar, trailer hitch, patrol unit up -fitting). Staff recommends purchase of the listed vehicles and equipment through cooperative purchasing programs. The Purchasing Division of the Finance Department has reviewed the recommendation for vehicle and equipment purchases and is in support of this recommendation. Contract pricing was checked on Cooperative Purchasing Programs. ACTION REQUIRED BY CITY COUNCIL Approval or other action awarding the following purchases: 1. Five (5) Dodge Chargers to Grapevine Dodge Chrysler Jeep for $145,730.00; 2. One (1) John Deere Dozer to Doggett Heavy Equipment for $119,800.00; 3. One (1) Dodge Ram 4500 with Frazer ambulance module to Mac Haik Dodge Chrysler Jeep for $251,978.00; 4. One (1) Dyna-Pack Asphalt Roller to Doggett Heavy Machinery for $54,000.00; 5. One (1) New Holland Slope Mower to WC Tractors for $117,356.60; 6. One (1) Kubota Skid Steer to Wowco Equipment for $45,697.93; 7. One (1) Six Yard Dump truck to Rush Truck Center for $91,612.00; 8. Two (2) Kubota zero -turn mowers to Wowco Equipment for $27,906.44; 9. One (1) John Deere Fairway Mower to Brookside Equipment for $52,047.56; 10. One (1) John Deere Precision Cut Mower to Brookside Equipment for $30,983.10; 11. Two (2) John Deere Utility Tractors to Brookside Equipment for $36,674.37; and 12. One (1) Kawasaki Utility Vehicle with Ambulance module to UVC Powersports for $53,015.97 Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date LOUIS R. RIGBY Mayor BRANDONLUNSFORD Councilperson At Large BRENT McCAULLEY Cou ncilperson At Large B MANDI WILLIAMS Councilperson District i CHUCK ENGELKEN Councilperson District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE OCTOBER 11, 2021 BILL BENTLEY Councilperson District 3 THOMAS GARZA Councilperson District 4 !AY MARTIN Mayor pro Tem Councilperson District 5 ROBBIE McLARRIN Councilperson District 6 The City Council of the City of La Porte met in a regular meeting on Monday, October 11, 2021, at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6,00 p.m., with the following in attendance: Councilpersons present: Louis Rigby, Brandon Engelken, Bill Bentley, Councilpersons attending remotely: None Counciipersons absent: None Lunsford, Brent McCaulley, Mandi Williams, Chuck Thomas Garza, Jay Martin, Robbie McLarrin Council -appointed officers present: Corby Alexander, City Manager; Lee Woodward, City Secretary; Clark Askins, Assistant City Attorney CALL TO ORDER —.Mayor Rigby called the meeting to order at 6:00 p.m. 2. INVOCATION —The invocation was given by Clark Askins, Assistant City Attorney and pledges were led by Councilperson Brandon Lunsford. 3. CITIZEN COMMENT (Generally limited to five minutes per person; in accordance with state law, the time may be reduced if there is a high number of speakers or other considerations.) Terry Matthews spoke about responsible flood plain development. Barbara Norwine thanked Councilpersons who voted against the duplexes on Main Street. 4. CONSENT AGENDA (Approval of Consent Agenda items authorizes each to be implemented in accordance with staff recommendations provided. An item may be removed from the consent agenda and added to the Statutory Agenda for full discussion upon request by a member of the Council present at this meeting.) a. Approve the minutes of the regular City Council meeting held on September 27, 2021. [Louis R. Rigby, Mayor] b. Approve or deny Ordinance 2021-3840 regarding amendments to Chapter 98 - "Mobile Homes and Mobile Home Parks" of the City of La Porte Code of Ordinances to allow for placement of recreational vehicles in mobile homelmanufactured home parks. [Teresa Evans, Director of Planning and Development] c. Approve Ordinance 2021-3849 regarding amendments to Chapter 94 - "Floods" of the City of La Porte Code of Ordinances to comply with the new Class 8 prerequisite of the National Flood Insurance Program (NFIP) Community Rating System (CRS). [Teresa Evans, Director of Planning and Development] d. Authorize Ordinance 2021-3824 allowing the City Manager to execute a professional services agreement with Halff Associates, Inc., to provide design and construction phases services in connection with development of a 100 acre-foot detention pond project, in accordance with amended interlocal agreement with the City of Pasadena. [Ray Mayo, Director of Public Works] Page 1 of 3 October 11, 2021, Council Meeting Minutes e. Authorize the City Managerto execute an interlocal agreement with Harris County to receive Harris County partnership funds for the Bayside Terrace Subdivision Drainage Improvements Project. [Ray Mayo, Director of Public Works] f. Award the purchases of vehicles and equipment approved for replacement and additions to the city vehicle and equipment fleet in the City of La Porte FY 2021-22 Budget through Texas Buy Board and GSA Cooperative Purchasing Programs, with an authorization of $1,026,741.97 [Ray Mayo, Director of Public Works] g. Adopt Resolution 2021-59, approving a nomination for Mike Sullivan as the Harris County Appraisal District (HCAD) board member representing cities other than the City of Houston. [Louis R. Rigby, Mayor] Mayor Rigby noted item d authorized a professional services agreement; the referenced ordinance was adopted earlier in the year. City Manager Alexander noted items d. and e. went before the Drainage and Flooding Committee this evening and were recommended for approval, Mayor Rigby noted the BuyBoard agreement for WC Tractors was not for the location referenced, so the total to be considered was $909,385.37. Councilperson Garza pulled item b. Councilperson Engelken Councilperson Garza moved to adopt Ordinance 2021-3840 regarding amendments to Chapter 98 -"Mobile Homes and Mobile Home Parks" of the City of La Porte Code of Ordinances to allow for placement of recreational vehicles in mobile home/manufactured home parks: the motion was seconded by Mayor Pro Tern Martin: the motion was adopted, 9-0. 5. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES a. Conduct Public Hearing and receive public input on LSP Partners, L.P.'s application to the Texas Department of Housing and Community Affairs for 2022-2023 Housing Tax Credits for Seville Apartments located at 3701 Luella Blvd., La Porte, Texas. [Corby Alexander, City Manager] Mayor Rigby opened the vublic hearing at 6:20 p.m. Johnathan Campbell of the Southeast Texas. Housing Finance Corporation provided a short presentation and introduced the investor. Mayor Rigby closed the _ us�blic hearing at 6:30 p.m. 6. STATUTORY AGENDA a. Consider and/or approve Resolution 2021-60 of no objection to LSP Partners, LP's application to the Texas Department of Housing and Community Affairs for 2022-2023 Housing Tax Credits for Seville Apartments located at 3701 Luella Blvd., La Porte, Texas. [Corby Alexander, City Manager] Councilperson Engelken moved to adopt Resolution 2021-60 of no objection to LSP Partners, LP's application to the Texas Department of Housing and Community Affairs for 2022-2023 Housing Tax Credits for Seville Apartments located at 3701 Luella Blvd., La Porte. Texas: the motion was seconded by Councilperson Bentley: the motion was adopted. 9-0. b. Presentation, discussion, and possible action regarding updates received from administrative staff on the La Porte Recreation and Fitness Center Renovation Project. [Lindsay French, Superintendent of Recreation] Lindsay French, Superintendent of Recreation, provided an updated on the proposals. Councilperson McCaullgy moved to approve Phase I: the motion was seconded by Councilperson Bentle • the motion was adopted, 8-1 Councilperson Garza voting against. c. Presentation, discussion, and possible action to elect the City of La Porte representative and alternate from the City Council to the Houston -Galveston Area Council (H-GAC) 2022 General Assembly and Board of Directors, and adopt Resolution 2021-58 in support of same. [Louis R. Rigby, Mayor] Page 2 of 3 October 11, 2021, Council Meeting Minutes Mayor Pro Tern Martin moved to adopt Resolution 2021-58 and reappoint Chuck En elken as the Representative and Bill Bentley as the alternate: the motion was seconded by Councilperson McCaulle ; the motion was adopted, 9-0. d. Presentation, discussion, and possible action to select meeting dates for regular City Council meetings in November and December 2021, [Louis R. Rigby, Mayor] Councilperson Garza moved to keep the regular meeting schedule: the motion was not seconded and was not considered. Councilperson Engelken moved to forego holding the second meetings in November and December 2021; the motion was seconded by Councilperson Bentley. Councilperson Garza moved to amend the motion to add that the Council forfeit half of theirpay for November and December, Mayor Rigby seconded the motion: the motion was not adopted, 1-8. Councilperson Garza voting in favor. The main motion was adopted. 8-1, Councilperson Garza voting against._ 7. REPORTS a. Receive report on the Drainage and Flooding Committee meeting. [Mayor Pro Tern Martin, Chair] Mayor Pro Tern Martin shared that the Committee had met, received updates, recommended the adoption of items 4,d, and e., and set the next meeting for November 8. 8. ADMINISTRATIVE REPORTS • Planning and Zoning Commission meeting, October 21 • La Porte Development Corporation Board meeting, October 25 • City Council meeting, October 25 • zoning Board of Adjustment meeting, October 28 City Manager Alexander said the Council would be receiving a notice of a FEMA webinar on flood insurance rates and that he recommended they attend. He also introduced new Parks and Recreation Director Tim Miller and thanked Lindsay French for her interim work. 9. COUNCIL COMMENTS Hear announcements concerning matters appearing on the agenda; items of community interest; and/or inquiries of staff regarding specific factual information or existing policy from the Mayor, Councilmembers, and City staff, for which no formal action will be discussed or taken. Councilpersons welcomed new Parks and Recreation Director Tim Miller and thanked Lindsay French for her interim work; commended Parks and other departmental staff for the Kids Rodeo over the weekend; suggested the City's state and federal legislators be contacted in connection to the FEMA changes; reminded all that Councilpersons could make donations to the Animal Shelter; lauded the Chamber's Family Night last week; urged fellow Councillors to reflect on Barbara Norwine's comments that she urges residents to reach out to their City Council representatives; and noted Council and staff attendance at the,TML annual conference last week. ADVOMRN — ,�\� ...... Pli, j ;ytttf '• i" ' r '►�' s�r:otiN�'��` Page 3 of 3 October 11, 2021, Council Meeting Minutes Mayo, Ray From: Poplaski, Donnie Sent: Tuesday, November 9, 2021 6:07 AM To: Mayo, Ray Cc: Wingate, Lorenzo; Boles, Bennie Subject: FW: 2022 Fleet ordering Ray, Please read the email below from Grapevine Dodge. Donnie Poplaski I Equipment Services 2963 N. 23`d Street I La Porte, Tx 77571 p.281.471-9650 ext:5114 1 c.281-594-1819 From: D Thomas[mailto:dthomas@grapevinedcj.comj Sent: Monday, November 8, 2021 5:16 PM To: Lovercheck, Ashley <Loverchecl<A@Iaportetx.gov>; Poplaski, Donnie <Poplasl<iD@laportetx.gov> Subject: 2022 Fleet ordering Sorry to be the bearer of bad news, I received a memo this afternoon telling me that the factory won't be accepting any orders for V8 rear wheel drive Police Chargers only the V6 all wheel drive. Please advise if you want me to requote these as V6 all wheel drive. On the 2500 you ordered, the same memo says that they won't be opening up the government order bank for 2500 and larger trucks and chassis at all for the entire model year. 1 On that truck I have a possible workaround. It may be possible to order as a sold retail order. The problem there is that I won't be able to flip it over to government at time of delivery. That will have an effect on the cost probably in the $5-8,000 range. Please advise if you'd life for me to requote this as well. Thank you and again I'm sorry for all the bad news. Dennis Thomas Grapevine DGJ 817-410-7541 PRODUCT PRICING SUMMARY BASED ON CONTRACT BUYBOARD #601-19 Grapevine Dodge Chrysler Jeep 2601 William D Tate, Grapevine, TX 76051 End Use: CITY OF LAPORTE Contact:DONNIE POPLASKI Phone/Email: POP LASKID@LAPORTETX.GOV Product Description:2022 CHARGER POLICE 1 r1 A. Bid Series: CHARGER POLICE B. Published Options rftemize each below] Rep: Dennis Thomas Phone: 817-410-7541 Email: dthomas(@erapevinedcj.com Date: 09/21/2021 A. Base Price; 21,733 Code Options Bid Price Code Options Bid Price LDeE48 CHARGER POLICE awd 5603 28A 3.6L V6 STD PX8 BLACK NC X5X9 CLOTH FRONT/VINYL REAR 116 GXQ ADDITIONAL KEYS 146 CW6 DEACTIVATE REAR DOORS 73 LNF/LNX LED SPOTLAMP 349 Total of B. Published Options: 6,287 C. Unpublished Options $= 0.0% Options Bid Price Options I Bid Price D. Pre -delivery Inspection: E. Texas State Inspection: F. Manufacturer Destination/Delivery: G. Floor Plan Interest (for in -stock and/or equipped vehicles): H. Lot insurance (for in stock and/or equipped vehicles): I. Contract Price Adjustment: J. Additional Delivery Charge: K. Subtotal: L. Quantity Ordered 3 x K = M. Trade in: N. BUYBOARD Administrative Fee ($400 per purchase order) O. TOTAL PURCHASE PRICE INCLUDING BUYBOARD FEE Total of C. Unpublished Options: PROJECTED 2021-2022 miles 400.00 94 366 PRODUCT PRICING SUMMARY TIPS USA 210907 AUTOMOBILES VENDOR- 5426 LA ICE COUNTRY CHEVROLET, 2152 N.'WHEELER STREET JASPER, TX 75951 End User: LAPORTE ID Prepared by. SETH GAMBLIN Contact: Phone: 512.436.1313 Email: Email: SGAMBLIN.SILSBEEFLEET(u)GMAIL.COM Product Description: CHEVY TAHOE PPV Date: December 15, 2021 A. Bid Item: A. Base Price: 1 $ 35,524.00 B. Factory OntiOnS Code Description Bid Price Code Description Bid Price CC10706 9 1 C 2022 TAHOE PPV 2WD $ 1,195.00 L94 5.31, V8 W/AUTOMATIC $ - 5T5 VINYL BACK SEAT MQC 10 SPEED TRANS $ - AMF KEY FOBS $ 75.00 REAR PARK ASSIST / REAR CAMERA 617 FLASHER SYSTEM, HEAD &TAIL LAMP $ 50.00 WHEELS 20"X9" STEEL PQA 1171, SAFTEY PACKAGE $ 395.00 ASSIST STEPS Total of B. Published Options: $ 1,715.00 C. Hnnohlished Ontions [not to exceed 250/61 Published Option Discount (5%)S (26.00} $= 0.0 Description Bid Price Options Bid Price $ - EXTERIOR - BLACK INTERIOR - JET BLACK CLOTH HIT Total of C. Unpublished Options: $ - D. Floor Plan Interest (for in -stock and/or equipped vehicles): $ 250.00 E. Lot Insurance (for in -stock and/or equipped vehicles): F. Contract Price Adjustment: $ - G. Additional Delivery Charge: 75 miles $ 131.25 H. Subtotal: S 37,594.25 I. Quantity Ordered 2 x H = $ 75,188.50 J. Trade in: - K. L. Total Purchase Price 3 75,188.50 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 10, 2022 Requested By: Teresa Evans, Director Department: Planning & Development Report Resolution • Ordinance Exhibits: Ordinance 2022-3860, P & Z Letter of Recommendation, Area map, zoninq map, future land use map, and applicant information Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: (' Yes • No SUMMARY & RECOMMENDATION Ammar J M Ghanim, the applicant, on behalf of Angel Gonzalez, the owner, requests approval of a Zone Change from the Main Street Overlay (MSO) zoning district to the Main Street (MS) zoning district. The 0.344-acre site is located at the 300 Block of East Main St., and is legally described as Lots 23-25 and E'/2 of Lot 26, Block 196, Town of La Porte, Harris County, Texas. The site is currently undeveloped. The future land use map (FLUP) reflects a Main Street (MS) use for this site that is consistent with the proposed zone change. The applicant proposes to construct two (2) single family residential homes on the property. Under the current MSO zoning district, residential uses are prohibited unless part of a mixed commercial development and located on the second floor. The MS zone would permit single family residential but would still retain the design guidelines of the MSO zoning district. A zone change from MSO to MS is required to facilitate the construction of the proposed residential homes. The Planning & Zoning Commission held a public hearing on this item at their November 18, 2021 regular meeting. At the public hearing, one neighbor of the subject property spoke in favor of the proposed zone change. The Commission voted on a motion to recommend approval of the zone change request, as presented. The vote was 8-0, and the item was approved. Staff mailed 11 public notices to property owners located within 200 feet of the subject property. Staff did not receive any returned comment sheets for the proposed zone change request. ACTION REQUIRED BY CITY COUNCIL Approve or deny Ordinance 2022-3860 for Zone Change request #21-92000004, a request by Ammar J M Ghanim, applicant; on behalf of Angel Gonzalez, owner; for approval of a zone change from Main Street Overlay (MSO) to Main Street (MS), on a 0.344-acre (15,000 square feet) tract of land located at the 300 Block of East Main St.; legally described as Lots 23-25 and E % of Lot 26, Block 196, Town of La Porte, Harris County, Texas. Approved for City Council Agenda Corby D. Alexander, City Manager Date ORDINANCE NO. 2022-3860 AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY CHANGING THE ZONING CLASSIFICATION OF A 0.344-ACRE TRACT OF LAND LOCATED AT THE 300 BLOCK OF EAST MAIN STREET, AND BEING LEGALLY DESCRIBED AS LOTS 23- 25 AND E 1/Z OF LOT 26, BLOCK 196, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, FROM MAIN STREET OVERLAY (MSO) TO MAIN STREET (MS); MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF WHEREAS, the City is authorized by Chapter 211 of the Texas Local Government Code to promulgate rules and regulations governing regulation of land use, structures, businesses, and related activities, and that such rules and regulations as adopted by the City promote the safe, orderly, and healthful development of the City; and WHEREAS, on November 18, 2021, the La Porte Planning and Zoning Commission conducted a public hearing regarding a request to rezone a 0.344-acre tract of land located at the 300 Block of East Main Street and legally described as Lots 23-25 and E 1/z of Lot 26, Block 196, Town of La Porte, Harris County, Texas, from Main Street Overlay (MSO) to Main Street (MS), following lawful publication of the notice of said public hearing; and WHEREAS, on November 18, 2021, after considering the public testimony received at such hearing, if any, the Planning and Zoning Commission recommended that the request to rezone a 0.344-acre tract of land located at the 300 Block of East Main Street and legally described as Lots 23-25 and E 1/z of Lot 26, Block 196, Town of LaPorte, Harris County, Texas, from Main Street Overlay (MSO) to Main Street (MS) be approved; and WHEREAS, on January 10, 2022, the City Council of the City of La Porte conducted a public hearing regarding a request to rezone a 0.344-acre tract of land located at the 300 Block of East Main Street and legally described as Lots 23-25 and E 1/z of Lot 26, Block 196, Town of La Porte, Harris County, Texas, from Main Street Overlay (MSO) to Main Street (MS); and WHEREAS, each and every applicable requirement set forth in Chapter 211, Subchapter A, Texas Local Government Code and the Code of Ordinance of the City of La Porte, Texas, concerning public notices, hearings and other procedural matters have been fully met; and WHEREAS, the City Council desires that the request to rezone a 0.344-acre tract of land located at the 300 Block of East Main Street and legally described as Lots 23-25 and E 1/2 of Lot 26, Block 196, Town of La Porte, Harris County, Texas, from Main Street Overlay (MSO) to Main Street (MS) be approved; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. All of the facts recited in the preamble to this Ordinance are hereby found by the City Council to be true and correct and are incorporated herein by this reference. Section 2. Chapter 106 "Zoning" of the Code of Ordinances is hereby amended by changing the zoning classification of the following described property, to wit: a 0.344-acre tract of land located at the 300 Block of East Main Street and legally described as Lots 23-25 and E 1/2 of Lot 26, Block 196, Town of La Porte, Harris County, Texas, from Main Street Overlay (MSO) to Main Street (MS). Section 3. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 4. Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof, but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 5. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, TX. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 6. The City Council of the City of La Porte hereby finds that public notice was properly mailed to all owners of all properties located within two hundred feet (200') of the properties under consideration in compliance with code provisions. Section 7. It is directed that the Official Zoning Map of the City of La Porte, Texas be changed to reflect the zoning classification established by this ordinance Section 8. The City Council of the City of La Porte hereby finds, determines, and declares that all prerequisites of law have been satisfied and hereby determines and declares that the amendments to the City of La Porte Zoning Map and Classification contained in this ordinance as amendments thereto are desirable and in furtherance of the goals and objectives stated in the City of La Porte's Comprehensive Plan. Section 9. This ordinance shall be effective after its passage and approval. PASSED AND APPROVED this, the 1011 day of JANUARY, 2022. ATTEST: CITY OF LA PORTE, TEXAS Louis R. Rigby, Mayor APPROVED: Lee Woodward, City Secretary Clark Askins, Assistant City Attorney OF L A A. m City of La Porte Planning and Development Department Established 1892 Teresa Evans, Director r4X'%e November 19, 2021 Honorable Mayor Rigby and City Council City of La Porte RE: Zone Change Request #21-92000004 Dear Mayor Rigby and City Council: The La Porte Planning and Zoning Commission held a public hearing at the November 18, 2021 meeting on a zone change request by Ammar J M Ghanim, applicant; on behalf of Angel Gonzalez, owner; for a zone change of property legally described as Lots 23-25 and E '/2 of Lot 26, Block 196, Town of La Porte, Harris County, Texas, from Naib Street Overlay (MSO) to Main Street (MS). The site is a 0.344-acre tract of land located at the 300 block of East Main St. The Commission voted 8-0 on a motion to recommend approval of the requested zone change. Respectfully submitted, r Ian Clowes, City Planner On Behalf of the Planning and Zoning Commission City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020 Planning and Development LaPorte, TX 77571-6215 Fax: (281) 470-5005 www.laportetx.gov i - Os\A Area Map Zone Change #21-92000004 300 Block E. Main St. Legend Subject Tract 0 M %* • 1 i � 'r � /1 � �`�xA5 + . 1 �. This product is for informational �'0 purposes and may not have been prepared for or be suitable for legal purposes. It does not o represent an on -the -ground survey and represents only the r approximate relative location of property boundaries 1 inch = 63 fee It �* - Bey' �� ►' � �� s rYi � P f i - = JANUARY 2022 t PLANNING DEPARTMENT Area usfion-Galveston Crourfic""-i'f (H-GAC) 1. 0P1N _2. Zoning Map Zone Change #21-92000004 300 Block E. Main St. Legend . l Subject Tract This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on -the -ground - _ survey and represents only the approximate relative location of property boundaries / 1 inch = 50 fee JANUARY 2021 PLANNING DEPARTMENT Jpp- � � �r'` JL.;k,_ MHDR ww ✓." ,tom" *r r r 7 �' mp- FLUP Map Zone Change #21-92000004 300 Block E. Main St. CaOM' Legend Subject Tract Q`fr L A C] - M T�xA5 LDRThis product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on -the -ground survey and represents only the approximate relative location of property boundaries 1 inch = 50 fee JANUARY 2021 PLANNING DEPARTMENT cil (H-GA ) Zone Change Application Planning and Development Department PROJECT INFORMATION Address where zone change is being requested: Legal description where zone change is being requested: `_)\ y� t G �% 1,11 1� v�5 c'\I\ �OAV c`� HCAD Parcel Number where zone change is being requested: Zoning District: IAA\C\ �('-�'-� V tr \ kN Lot area: C5 A request for approval of a zone change is hereby made to the City of La Porte.. A Description of Request: ( C\!\t � (�«\ M,L%N r-)4eAn O !ti'-s keN_� Attached hereto is a Project Description Letter describing the project and outlining the reasons why such SCUP should be approved. PROPERTY OWNER(S) INFORMATION Name: kl)d Company (if applicable): a Address: \\C 5 i` P-A City: 0 a �u cue n� State:_ j. Zip: "7 7 Phone: -1 t I!, 2A 3 V,? l `S 1 Email: Ct r) c? e-1 � hj �- � - � rr) CX.t 1 AUTHORIZED AGENT (If other than owner) Name: M rA n. r Company (if applicable): LCA City: \�CQ 5 State:_ Zip: -77o 5I Phone: �$ - J % q -1 Email• Cal i'f\ ,ACky- MA 1 0 )no lfty&t- Ca M OWNER(S) & AGENT CERTIFICATION I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with/or contained in this application are true and correct and the application is complete to the best of my knowledge and belief. Agent's Signature: Date: Owner(s)' Signature(s): Date: STAFF USE ONLY.• Case Number: l C� Date Application Received: 1C� '�'�0 We are requesting approval of a change in zoning from Main Street Overlay (MSO) to Main Street (MS) on our property located on 0 E Main Street. The property has no building or construction on it currently. This is our first time buying land and we did not know of any zoning restrictions. We had been sold the property under "Commercial/Residential" and were told by seller that we would be able to build houses on the land. Before purchasing we made multiple attempts to reach out to the department of planning and development, we were told that all we needed to do was to turn in plans to be approved and that we would be able to build a residential home on the property. After buying the land it was then brought to our attention that the land does not allow for homes but only for small artisan buildings with a residential top floor. This configuration does not fit into the surrounding neighborhood. There is a house, single family dwelling, built next to our property that is also on the Main Street Overlay (MSO). Despite the fact that the MSO lends itself to the specific use of small artisan shops. The change of zoning would allow us to build a single family dwelling that fits the historical model that is required. It will also mesh with the pre- existing home built next to us. Furthermore the La Porte City Ordinance design guidelines for the MS also apply to the MSO district and there is no distinction of the two. It clearly states "DESIGN GUIDELINES FOR MS AND MSO DISTRICT" and Sec. 106-946 (F) states the guidelines for construction of single family dwellings. This section would then lead us to believe it applies for both the MS and MSO. SOO IPA C" m y A A J4 44! 4t .�-+ .�. :,, -, -�„ - . ,fix : • .� _ �- ., �,• n •• .� La Porte, TX Code of Ordinances 9/25/21, 8:36 PM DIVISION 3. - DESIGN GUIDELINES FOR MS AND MSO DISTRICT Sec. 106-945. - Purpose and intent. (a) Purpose. These guidelines are intended to aid downtown property owners in La Porte to protect and enhance the historic resources of the community. The standards describe design ideas for appropriate alterations and new construction, and also provide basic maintenance tips. (1) To protect, enhance and perpetuate landmarks and districts of historical, cultural, architectural or archeological importance that reflect distinctive and important elements of the unique historical heritage of La Porte. (2) Foster civic pride by recognizing accomplishments of the past. (3) Protect and enhance the attractiveness of the city to tourists and visitors and support and stimulate the economy. (4) Insure the harmonious, orderly and efficient growth and development in the Main Street District. (5) Promote the economic prosperity and welfare of property owners in the Main Street District. (6) Encourage the stabilization, restoration and improvement of property and property values in the district. (7) Maintain a generally harmonious outward appearance of both historic and modern structures, which are compatible and complimentary in scale, form, color, proportion, texture and material. (b) Intent. To capitalize on La Porte's urban design and architectural character, the following principles shall serve as a guide for future development in the Main Street District. In general, the buildings should have a pre-1930's appearance. Sec. 106-946. - Scope and enforcement. (a) Scope. These provisions shall apply to all new commercial and mixed residential/commercial uses. Single family residential is subject to the provisions of section 106-XXX(f) (Redevelopment principles for single- family dwellings). (b) Enforcement. The provisions of this division shall be administered by the director of planning and development or designee. (1) Existing buildings shall also conform to these requirement upon expansion of over one-third of an area of improvement/development. (2) In case of structural damage to the front of the building due to fire, flood or other reasons, and the cost of redevelopment is in excess of 50 percent of the value (replacement cost by the certified appraisal) the structure shall conform to these requirements. (3) The standards and criteria contained within this section are deemed to be minimum standards and about:blank Page 1 of 3 La Porte, TX Code of Ordinances 9125/21, 8:36 PM (2) Window and door openings shall have a vertical orientation and align vertically between floors. (3) Ground floors shall be 65-86% glazed. Upper floors shall be 35-65% glazed (4) Canopies shall be appropriate to a building's architectural style and shall not conceal significant architectural features. (e) Exterior wall materials. (1) The primary material (minimum of 90%) shall be brick, stone, stucco, block, wood siding or synthetic wood (such as Hardiplank). (2) Sheet metal siding, plywood, and EIFS (Exterior Insulation Finishing System), synthetic stucco, and burglar bars shall not be used. (f) Redevelopment principles for single-family dwellings. (1) Homes shall be no more than two stories in height. (2) Houses should be designed to incorporate characteristics in pre-1930's residential construction. Colors common during the time should be utilized. (3) The primary material (minimum of 90%) shall be brick, stone, stucco, block, wood siding or synthetic wood (such as Hardiplank). (4) Sheet metal siding, plywood, and EIFS (Exterior Insulation Finishing System), synthetic stucco, and burglar bars shall not be used. (5) Where original doors and/or windows were blocked or covered, those openings should be restored to their original appearance. (6) The use of aluminum window frames is prohibited. about:blank Page 3 of 3 ' ^* k��PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC) 11-10-20 TREC // 7�� C UNIMPROVED PROPERTY CONTRACT Q o" NOTICE: Not For Use For Condominium Transactions 1. PARTIES: The parties to this contract are Hugo Reginaldo Lopez �a(Seller) and Ammar J M Ghanim Mohammed J M Ghanim Angel E Gonzalez (Buyer). Seller agrees c to sell andonvey to Buyer and Buyer agrees to buy from Seller the Property defined below. 2. PROPERTY: Lot 22 23 24 25 & E 1/2 of Lt 26 Block 196 Addition, City of La Porte , County of Harris Texas, known as 0 E Main St. 77571 (address/zip code), or as described on attached exhibit together with all rights, privileges and appurtenances pertaining thereto, including but not limited to: water rights, claims, permits, strips and gores, easements, and cooperative or association memberships (Property). RESERVATIONS: Any reservation for oil, gas, or other minerals, water, timber, or other interests is made in accordance with an attached addendum. 3. SALES PRICE: A Cash portion of Sales Price payable by Buyer at closing .................... $ 95,000.00 B. Sum of all financing described in the attached: []Third Party Financing Addendum, ❑ Loan Assumption Addendum, ❑ Seller Financing Addendum .............. $ C. Sales Price (Sum of A and B) ....................... . ... . ............ $ 95,000.00 4. LEASES: A Except as disclosed in this contract, Seller is not aware of any leases affecting the Property. After the Effective Date, Seller may not, without Buyer's written consent, create a new lease, amend any existing lease, or convey any interest in the Property. B. NATURAL RESOURCE LEASES: "Natural Resource Lease" means an existing oil and gas, mineral, water, wind, or other natural resource lease affecting the Property to which Seller is a party. Seller ❑ is X❑ is not a party to a Natural Resource Lease. If Seller is a party to a Natural Resource Lease, check one of the following: ❑ (1) Seller has delivered to Buyer a copy of all the Natural Resource Leases. ❑ (2) Seller has not delivered to Buyer a copy of all the Natural Resource Leases. Seller shall provide to Buyer a copy of all the Natural Resource Leases within 3 days after the Effective Date. Buyer may terminate the contract within days after the date the Buyer receives all the Natural Resource Leases and the earnest money shall be refunded to Buyer. 5. EARNEST MONEY AND TERMINATION OPTION: A. DELIVERY OF EARNEST MONEY AND OPTION FEE: Within 3 days after the Effective Date, Buyer must deliver to Momentum Title as escrow agent, at 5850 San Felipe St. suite 500 Houston Tx. 77057 (address): $ 1,000.00 as eamest money and $ as the Option Fee. The earnest money and Option Fee shall be made payable to escrow agent and may be paid separately or combined in a single payment. (1) Buyer shall deliver additional earnest money of $ to escrow agent within days after the Effective Date of this contract. (2) If the last day to deliver the eamest money, Option Fee, or the additional earnest money falls on a Saturday, Sunday, or legal holiday, the time to deliver the earnest money, Option Fee, or the additional earnest money, as applicable, is extended until the end of the next day that is not a Saturday, Sunday, or legal holiday. (3) The amount(s) escrow agent receives under this paragraph shall be applied first to the Option Fee, then to the eamest money, and then to the additional earnest money. (4) Buyer authorizes escrow agent to release and deliver the Option Fee to Seller at any time without further notice to or consent from Buyer, and releases escrow agent from liability for delivery of the Option Fee to Seller. The Option Fee will be credited to the Sales Pdce at closing. B. TERMINATION OPTION: For nominal consideration, the receipt of which Seller acknowledges, and Buyer's agreement to pay the Option Fee within the time required, Seller grants Buyer the unrestricted right to terminate this contract by giving notice of termination to Seller within 0 days after the Effective Date of this contract (Option Period). Notices under this paragraph must be given by 5:00 p.m. (local time where the Property is located) by the date specified. If Buyer gives notice of termination within the time prescribed: (i) the Option Fee will not be refunded and escrow agent shall release any Option Fee remaining with escrow agent to Seller and 00 anV earnest money will be refunded to Buyer. Initialed for identification by Buyer and Seller TREC NO. 9-14 Prime Realty Group, 3515 Preston Suite 100 Pasadena TX 77505 Phone: 9327682947 Fax: 0 E Maur street Aberto Mid. Produoed with Lone Woo Transactions (zipForm Edition) 231 Shearson Cr. Cambridge, Ontario, Canada N1T 1 J5 www..fwolf.com Contract Concerning 0 E Main St., La Porte, Tx 77671 Page 2 of 10 11-10-20 (Address of Property) C. FAILURE TO TIMELY DELIVER EARNEST MONEY: If Buyer fails to deliver the earnest money within the time required, Seller may terminate this contract or exercise Seller's remedies under Paragraph 15, or both, by providing notice to Buyer before Buyer delivers the earnest money. D. FAILURE TO TIMELY DELIVER OPTION FEE: If no dollar amount is stated as the Option Fee or if Buyer fails to deliver the Option Fee within the time required, Buyer shall not have the unrestricted right to terminate this contract under this Paragraph 5. E. TIME: Time is of the essence for this paragraph and strict compliance with the time for performance is required. 6. TITLE POLICY AND SURVEY: A. TITLE POLICY: Seller shall furnish to Buyer at X❑ Seller's []Buyers expense an owner's policy of title insurance (Title Policy) issued by Momentum Title (Title Company) in the amount of the Sales Price, dated at or after closing, insuring Buyer against loss under the provisions of the Title Policy, subject to the promulgated exclusions (including existing building and zoning ordinances) and the following exceptions: (1) Restrictive covenants common to the platted subdivision in which the Property is located. (2) The standard printed exception for standby fees, taxes and assessments. (3) Liens created as part of the financing described in Paragraph 3. (4) Utility easements created by the dedication deed or plat of the subdivision in which the Property is located. (5) Reservations or exceptions otherwise permitted by this contract or as may be approved by Buyer in writing. (6) The standard printed exception as to marital rights. (7) The standard printed exception as to waters, tidelands, beaches, streams, and related matters. (8) The standard printed exception as to discrepancies, conflicts, shortages in area or boundary lines, encroachments or protrusions, or overlapping improvements: (i) will not be amended or deleted from the title policy; or (ii) will be amended to read, "shortages in area" at the expense ofn Buyer❑Seller. (9) The exception or exclusion regarding minerals approved by the Texas Department of Insurance. B. COMMITMENT: Within 20 days after the Title Company receives a copy of this contract, Seller shall furnish to Buyer a commitment for title insurance (Commitment) and, at Buyer's expense, legible copies of restrictive covenants and documents evidencing exceptions in the Commitment (Exception Documents) other than the standard printed exceptions. Seller authorizes the Title Company to deliver the Commitment and Exception Documents to Buyer at Buyer's address shown in Paragraph 21. If the Commitment and Exception Documents are not delivered to Buyer within the specified time, the time for delivery will be automatically extended up to 15 days or 3 days before the Closing Date, whichever is earlier. If the Commitment and Exception Documents are not delivered within the time required, Buyer may terminate this contract and the earnest money will be refunded to Buyer. C. SURVEY: The survey must be made by a registered professional land surveyor acceptable to the Title Company and Buyer's lender(s). (Check one box only) (1) Within ;° days after the Effective Date of this contract, Seller shall furnish to Buyer and Title Company Seller's existing survey of the Property and a Residential Real Property Affidavit promulgated by the Texas Department of Insurance (T-47 Affidavit). If Seller fails to furnish the existing survey or affidavit within the time prescribed, Buyer shall obtain a new survey at Seller's expense no later than 3 days prior to Closing Date. If the existing survey or affidavit is not acceptable to Title Company or Buyer's lender(s), Buyer shall obtain a new survey at []seller's ❑ Buyer's expense no later than 3 days prior to Closing Date. ❑ (2) Within days after the Effective Date of this contract, Buyer shall obtain a new survey at Buyer's expense. Buyer is deemed to receive the survey on the date of actual receipt or the date specified in this paragraph, whichever is earlier. ❑ (3) Within days after the Effective Date of this contract, Seller, at Seller's expense shall furnish a new survey to Buyer. D. OBJECTIONS: Buyer may object in writing to (i) defects, exceptions, or encumbrances to title: disclosed on the survey other than items 6A(1) through (7) above; or disclosed in the Commitment other than items 6A(1) through (9) above; (ii) any portion of the Property lying in a special flood hazard area (Zone V or A) as shown on the current Federal Emergency Management Agency map; or (iii) any exceptions which prohibit the following use or activity: Buyer must object the earlier of (i) the Closing Date or (ii) days after Buyer receives the Commitment, Exception Documents, and the survey. Buyer's failure to object within the time allowed will constitute a waiver of Buyer's right to object; except that the requirements in Schedule C of the Commitment are not waived. Provided Seller is not obligated to incur any expense, Seller shall cure any timely objections of Buyer or any third party lender within 15 days after Seller receives the objections (Cure Period) and the Closing Date will be extended as necessary. If objections are not cured within the Cure Period, Buyer may, by delivering notice to Seller within 5 days after the end of the Cure Period: (i) terminate this contract and the earnest Initialed for identification by Buyer and Seller TREC NO. 9-14 Produced with Lone Wolf Transactions (zipForm Edidon) 231 Shearson Cr. Cambridge, Ontario, Canada NIT 1 J5 www.lwolf.com 0 E Hain street Contract Concerning 0 E Main St., La Porte, Tx 77671 Page 3 of 10 11-10-20 (Address of Property) within the time required, Buyer shall be deemed to have waived the objections. If the Commitment or Survey is revised or any new Exception Document(s) is delivered, Buyer may object to any new matter revealed in the revised Commitment or Survey or new Exception Document(s) within the same time stated in this paragraph to make objections beginning when the revised Commitment, Survey, or Exception Document(s) is delivered to Buyer. E. TITLE NOTICES: (1) ABSTRACT OR TITLE POLICY: Broker advises Buyer to have an abstract of title covering the Property examined by an attorney of Buyer's selection, or Buyer should be furnished with or obtain a Title Policy. If a Title Policy is furnished, the Commitment should be promptly reviewed by an attorney of Buyer's choice due to the time limitations on Buyer's right to object. (2) MEMBERSHIP IN PROPERTY OWNERS ASSOCIATION(S): The Property ❑ is B] is not subject to mandatory membership in a property owners association(s). If the Property is subject to mandatory membership in a property owners association(s), Seller notifies Buyer under §5.012, Texas Property Code, that, as a purchaser of property in the residential community identified in Paragraph 2 in which the Property is located, you are obligated to be a member of the property owners association(s). Restrictive covenants governing the use and occupancy of the Property and all dedicatory instruments governing the establishment, maintenance, and operation of this residential community have been or will be recorded in the Real Property Records of the county in which the Property is located. Copies of the restrictive covenants and dedicatory instruments may be obtained from the innlinty rlPrk Section 207.003, Property Code, entitles an owner to receive copies of any document that governs the establishment, maintenance, or operation of a subdivision, including, but not limited to, restrictions, bylaws, rules and regulations, and a resale certificate from a property owners' association. A resale certificate contains information including, but not limited to, statements specifying the amount and frequency of regular assessments and the style and cause number of lawsuits to which the property owners' association is a party, other than lawsuits relating to unpaid ad valorem taxes of an individual member of the association. These documents must be made available to you by the property owners' association or the association's agent on your request. If Buyer is concerned about these matters, the TREC promulgated Addendum for Property Subject to Mandatory Membership in a Property Owners Association should be used. (3) STATUTORY TAX DISTRICTS: If the Property is situated in a utility or other statutorily created district providing water, sewer, drainage, or flood control facilities and services, Chapter 49, Texas Water Code, requires Seller to deliver and Buyer to sign the statutory notice relating to the tax rate, bonded indebtedness, or standby fee of the district prior to final execution of this contract. (4) TIDE WATERS: If the Property abuts the tidally influenced waters of the state, §33.135, Texas Natural Resources Code, requires a notice regarding coastal area property to be included in the contract. An addendum containing the notice promulgated by TREC or required by the parties must be used. (5) ANNEXATION: If the Property is located outside the limits of a municipality, Seller notifies Buyer under §5.011, Texas Property Code, that the Property may now or later be included in the extraterritorial jurisdiction of a municipality and may now or later be subject to annexation by the municipality. Each municipality maintains a map that depicts its boundaries and extraterritorial jurisdiction. To determine if the Property is located within a municipality's extraterritorial jurisdiction or is likely to be located within a municipality's extraterritorial jurisdiction, contact all municipalities located in the general proximity of the Property for further information. (6) PROPERTY LOCATED IN A CERTIFICATED SERVICE AREA OF A UTILITY SERVICE PROVIDER: Notice required by §13.257, Water Code: The real property, described in Paragraph 2, that you are about to purchase may be located in a certificated water or sewer service area, which is authorized by law to provide water or sewer service to the properties in the certificated area. If your property is located in a certificated area there may be special costs or charges that you will be required to pay before you can receive water or sewer service. There may be a period required to construct lines or other facilities necessary to provide water or sewer service to your property. You are advised to determine if the property is in a certificated area and contact the utility service provider to determine the cost that you will be required to pay and the period, if any, that is required to provide water or sewer service to your property. The undersigned Buyer hereby acknowledges receipt of the foregoing notice at or before the execution of a binding contract for the purchase of the real property described in Paragraph 2 or at closing of purchase of the real property. (7) PUBLIC IMPROVEMENT DISTRICTS: If the Property is in a public improvement district, §5.014, Property Code, requires Seller to notify Buyer as follows: As a purchaser of this parcel of real property you are obligated to pay an assessment to a municipality or county for an improvement project undertaken by a public improvement district under Chapter 372, Initialed for Identification by Buyer and Seller TREC NO. 9-14 Produced wth Lone Wolf Transactions (zipForm Edition) 231 Shearson Cr. Cambridge, Ontario, Canada N1T 1J5 wywv.lwolf com 0 E Alain street Contract Concerning 0 E Main St., La Porte, Tx 77571 Page 4 of 10 11-10-20 (Address of Property) Local Government Code. The assessment may be due annually or in periodic installments. More information concerning the amount of the assessment and the due dates of that assessment may be obtained from the municipality or county levying the assessment. The amount of the assessments is subject to change. Your failure to pay the assessments could result in a lien on and the foreclosure of your property. (8) TEXAS AGRICULTURAL DEVELOPMENT DISTRICT: The Property F1 is 0 is not located in a Texas Agricultural Development District. For additional information, contact the Texas Department of Agriculture. (9) TRANSFER FEES: If the Property is subject to a private transfer fee obligation, §5.205, Property Code requires Seller to notify Buyer as follows: The private transfer fee obligation may be governed by Chapter 5, Subchapter G of the Texas Property Code. (10) PROPANE GAS SYSTEM SERVICE AREA: If the Property is located in a propane gas system service area owned by a distribution system retailer, Seller must give Buyer written notice as required by §141.010, Texas Utilities Code. An addendum containing the notice approved by TREC or required by the parties should be used. (11) NOTICE OF WATER LEVEL FLUCTUATIONS: If the Property adjoins an impoundment of water, including a reservoir or lake, constructed and maintained under Chapter 11, Water Code, that has a storage capacity of at least 5,000 acre-feet at the impoundment's normal operating level, Seller hereby notifies Buyer: "The water level of the impoundment of water adjoining the Property fluctuates for various reasons, including as a result of: (1) an entity lawfully exercising its right to use the water stored in the impoundment; or (2) drought or flood conditions." 7. PROPERTY CONDITION: A. ACCESS, INSPECTIONS AND UTILITIES: Seller shall permit Buyer and Buyer's agents access to the Property at reasonable times. Buyer may have the Property inspected by inspectors selected by Buyer and licensed by TREC or otherwise permitted by law to make inspections. Seller at Seller's expense shall immediately cause existing utilities to be turned on and shall keep the utilities on during the time this contract is in effect. NOTICE: Buyer should determine the availability of utilities to the Property suitable to satisfy Buyer's needs- B. ACCEPTANCE OF PROPERTY CONDITION: "As Is" means the present condition of the Property with any and all defects and without warranty except for the warranties of title and the warranties in this contract. Buyer's agreement to accept the Property As Is under Paragraph 7B (1) or (2) does not preclude Buyer from inspecting the Property under Paragraph 7A, from negotiating repairs or treatments in a subsequent amendment, or from terminating this contract during the Option Period, if any. (Check one box only) 8X (1) Buyer accepts the Property As Is. (2) Buyer accepts the Property As Is provided Seller, at Seller's expense, shall complete the following specific repairs and treatments: (Do not insert general phrases, such as "subject to inspections" that do not identify specific repairs and treatments.) C. COMPLETION OF REPAIRS: Unless otherwise agreed in writing: (i) Seller shall complete all agreed repairs and treatments prior to the Closing Date; and (ii) all required permits must be obtained, and repairs and treatments must be performed by persons who are licensed to provide such repairs or treatments or, if no license is required by law, are commercially engaged in the trade of providing such repairs or treatments. At Buyer's election, any transferable warranties received by Seller with respect to the repairs and treatments will be transferred to Buyer at Buyer's expense. If Seller fails to complete any agreed repairs and treatments prior to the Closing Date, Buyer may exercise remedies under Paragraph 15 or extend the Closing Date up to 5 days, if necessary, for Seller to complete repairs and treatments. D. ENVIRONMENTAL MATTERS: Buyer is advised that the presence of wetlands, toxic substances, including asbestos and wastes or other environmental hazards, or the presence of a threatened or endangered species or its habitat may affect Buyer's intended use of the Property. If Buyer is concerned about these matters, an addendum promulgated by TREC or required by the parties should be used. E. SELLER'S DISCLOSURES: Except as otherwise disclosed in this contract, Seller has no knowledge of the following: (1) any flooding of the Property which has had a material adverse effect on the use of the Property; (2) any pending or threatened litigation, condemnation, or special assessment affecting the Property; (3) any environmental hazards that materially and adversely affect the Property; (4) any dumpsite, landfill, or underground tanks or containers now or previously located on the Property; (5) any wetlands, as defined by federal or state law or regulation, affecting the Property; or (6) any threatened or endangered species or their habitat affecting the Property. unudleo IUr loenunca0on oy tsuyer ano Sever TREC NO. 9-14 Produced with Lone Wolf Transactions (zipForm Edition) 231 Shearson Cr. Cambridge; Ontario, Canada N1T 1J5 www lwolf.com 0 E Alain street Contract Concerning 0 E Main St., La Porte, Tx 77571 Page 5 of 10 11-10-20 (Address of Property) 8. BROKERS AND SALES AGENTS: A. BROKER OR SALES AGENT DISCLOSURE: Texas law requires a real estate broker or sales agent who is a party to a transaction or acting on behalf of a spouse, parent, child, business entity in which the broker or sales agent owns more than 10%, or a trust for which the broker or sales agent acts as a trustee or of which the broker or sales agent or the broker or sales agent's spouse, parent or child is a beneficiary, to notify the other party in writing before entering into a contract of sale. Disclose if applicable: �„ A B. BROKERS' FEES: All obligations of the parties for payment of brokers' fees are contained in separate written agreements. 9. CLOSING: A. The closing of the sale will be on or before September 1 2021 or within 7 days after objections made under Paragraph 6D have been cured or waived, whichever date is later (Closing Date). If either party fails to close the sale by the Closing Date, the non -defaulting parry may exercise the remedies contained in Paragraph 15. B. At closing: (1) Seller shall execute and deliver a general warranty deed conveying title to the Property to Buyer and showing no additional exceptions to those permitted in Paragraph 6 and furnish tax statements or certificates showing no delinquent taxes on the Property. (2) Buyer shall pay the Sales Price in good funds acceptable to the escrow agent. (3) Seller and Buyer shall execute and deliver any notices, statements, certificates, affidavits, releases, loan documents and other documents reasonably required for the closing of the sale and the issuance of the Title Policy. (4) There will be no liens, assessments, or security interests against the Property which will not be satisfied out of the sales proceeds unless securing the payment of any loans assumed by Buyer and assumed loans will not be in default. 10. POSSESSION: Seller shall deliver to Buyer possession of the Property in its present or required condition upon closing and funding. 11. SPECIAL PROVISIONS: (Insert only factual statements and business details applicable to the sale. TREC rules prohibit license holders from adding factual statements or business details for which a contract addendum or other form has been promulgated by TREC for mandatory use.) 12. SETTLEMENT AND OTHER EXPENSES: A. The following expenses must be paid at or prior to closing: (1) Expenses payable by Seller (Seller's Expenses): (a) Releases of existing liens, including prepayment penalties and recording fees; release of Seller's loan liability; tax statements or certificates; preparation of deed; one-half of escrow fee; and other expenses payable by Seller under this contract. (b) Seller shall also pay an amount not to exceed $ to be applied in the following order: Buyer's Expenses which Buyer is prohibited from paying by FHA, VA, Texas Veterans Land Board or other governmental loan programs, and then to other Buyer's Expenses as allowed by the lender. (2) Expenses payable by Buyer (Buyer's Expenses): Appraisal fees; loan application fees; origination charges; credit reports; preparation of loan documents; interest on the notes from date of disbursement to one month prior to dates of first monthly payments; recording fees; copies of easements and restrictions, loan title policy with endorsements required by lender; loan -related inspection fees; photos; amortization schedules; one-half of escrow fee; all prepaid items, including required premiums for flood and hazard insurance, reserve deposits for insurance, ad valorem taxes and special governmental assessments; final compliance inspection; courier fee; repair inspection; underwriting fee; wire transfer fee; expenses incident to any loan; Private Mortgage Insurance Premium (PMI), VA Loan Funding Fee, or FHA Mortgage Insurance Premium (MIP) as required by the lender; and other expenses payable by Buyer under this contract. B. If any expense exceeds an amount expressly stated in this contract for such expense to be paid by a party, that party may terminate this contract unless the other party agrees to pay such excess. Buyer may not pay charges and fees expressly prohibited by FHA, VA, Texas Veterans Land Board or other governmental loan program regulations. 13. PRORATIONS AND ROLLBACK TAXES: A. PRORATIONS: Taxes for the current year, interest, maintenance fees, assessments, dues and rents will be prorated through the Closing Date. The tax proration may be calculated taking into consideration any change in exemptions that will affect the current year's taxes. If taxes for the current year vary from the amount prorated at closing, the parties shall adjust the prorations when tax statements for the current year are available. If taxes are not paid at or prior to closing, Buyer shall pay taxes for the current year. Initialed for identification by Buyer and Seller TREC NO. 9-14 Produced with Lone Wolf Transactions (zipForm Edition) 231 Shearson Cr Cambridge, Ontario, Canada N1T 1,15 www.lwolf.com 0 E Main street Contract Concerning 0 E Main St., La Porte, Tx 77571 Page 6 of 10 11-10-20 (Address of Property) B. ROLLBACK TAXES: If this sale or Buyer's use of the Property after closing results in the assessment of additional taxes, penalties or interest (Assessments) for periods prior to closing, the Assessments will be the obligation of Buyer. If Assessments are imposed because of Seller's use or change in use of the Property prior to closing, the Assessments will be the obligation of Seller. Obligations imposed by this paragraph will survive closing. 14. CASUALTY LOSS: If any part of the Property is damaged or destroyed by fire or other casualty after the Effective Date of this contract, Seller shall restore the Property to its previous condition as soon as reasonably possible, but in any event by the Closing Date. If Seller fails to do so due to factors beyond Seller's control, Buyer may (a) terminate this contract and the earnest money will be refunded to Buyer (b) extend the time for performance up to 15 days and the Closing Date will be extended as necessary or (c) accept the Property in its damaged condition with an assignment of insurance proceeds, if permitted by Seller's insurance carrier, and receive credit from Seller at closing in the amount of the deductible under the insurance policy. Seller's obligations under this paragraph are independent of any other obligations of Seller under this contract. 15. DEFAULT: If Buyer fails to comply with this contract, Buyer will be in default, and Seller may (a) enforce specific performance, seek such other relief as may be provided by law, or both, or (b) terminate this contract and receive the earnest money as liquidated damages, thereby releasing both parties from this contract. If Seller fails to comply with this contract Seller will be in default and Buyer may (a) enforce specific performance, seek such other relief as may be provided by law, or both, or (b) terminate this contract and receive the earnest money, thereby releasing both parties from this contract. 16. MEDIATION: It is the policy of the State of Texas to encourage resolution of disputes through alternative dispute resolution procedures such as mediation. Any dispute between Seller and Buyer related to this contract which is not resolved through informal discussion will be submitted to a mutually acceptable mediation service or provider. The parties to the mediation shall bear the mediation costs equally. This paragraph does not preclude a party from seeking equitable relief from a court of competent jurisdiction. 17. ATTORNEY'S FEES: A Buyer, Seller, Listing Broker, Other Broker, or escrow agent who prevails in any legal proceeding related to this contract is entitled to recover reasonable attorney's fees and all costs of such proceeding. 18. ESCROW: A. ESCROW. The escrow agent is not (i) a party to this contract and does not have liability for the performance or nonperformance of any party to this contract, (ii) liable for interest on the earnest money and (iii) liable for the loss of any earnest money caused by the failure of any financial institution in which the earnest money has been deposited unless the financial institution is acting as escrow agent. Escrow agent may require any disbursement made in connection with this contract to be conditioned on escrow agent's collection of good funds acceptable to escrow agent. B. EXPENSES: At closing, the earnest money must be applied first to any cash down payment, then to Buyer's Expenses and any excess refunded to Buyer. If no closing occurs, escrow agent may: (i) require a written release of liability of the escrow agent from all parties; and (ii) require payment of unpaid expenses incurred on behalf of a party. Escrow agent may deduct authorized expenses from the earnest money payable to a party. "Authorized expenses" means expenses incurred by escrow agent on behalf of the party entitled to the earnest money that were authorized by this contract or that party. C. DEMAND: Upon termination of this contract, either party or the escrow agent may send a release of earnest money to each party and the parties shall execute counterparts of the release and deliver same to the escrow agent. If either party fails to execute the release, either party may make a written demand to the escrow agent for the earnest money. If only one party makes written demand for the earnest money, escrow agent shall promptly provide a copy of the demand to the other party. If escrow agent does not receive written objection to the demand from the other party within 15 days, escrow agent may disburse the earnest money to the party making demand reduced by the amount of unpaid expenses incurred on behalf of the party receiving the earnest money and escrow agent may pay the same to the creditors. If escrow agent complies with the provisions of this paragraph, each party hereby releases escrow agent from all adverse claims related to the disbursal of the earnest money. D. DAMAGES: Any party who wrongfully fails or refuses to sign a release acceptable to the escrow agent within 7 days of receipt of the request will be liable to the other party for (i) damages,- (ii) the earnest money; (iii) reasonable attorney's fees; and (iv) all costs of suit. E. NOTICES: Escrow agent's notices will be effective when sent in compliance with Paragraph 21. Notice of objection to the demand will be deemed effective upon receipt by escrow agent. 19. REPRESENTATIONS: All covenants, representations and warranties in this contract survive closing. If any representation of Seller in this contract is untrue on the Closing Date, Seller will be in default. Unless expressly prohibited by written agreement, Seller may continue to show the Property and receive, negotiate and accept back up offers. 20. FEDERAL TAX REQUIREMENTS: If Seller is a "foreign person," as defined by Internal Revenue Code and its regulations, or if Seller fails to deliver an affidavit or a certificate of non - foreign status to Buyer that Seller is not a "foreign person," then Buyer shall withhold from the sales proceeds an amount sufficient to comply with applicable tax law and deliver the same to the Initialed for identification by Buyer and Seller TREC NO. 9-14 Produced with Lone Wolf Transactions (zipForm Edition) 231 Shearson Cr. Cambridge, Ontario, Canada N1T 1J5 waw.lm f.com 0 E Main Arcot Contract Concerning 0 E Main St., La Porte, Tx 77671 Page 7 of 10 11-10-20 (Address of Property) Internal Revenue Service together with appropriate tax forms. Internal Revenue Service regulations require filing written reports if currency in excess of specified amounts is received in the transaction. 21. NOTICES: All notices from one party to the other must be in writing and are effective when mailed to, hand -delivered at, or transmitted by fax or electronic transmission as follows: To Buyer at: To Seiler at: Phone: (281)7748346 Phone: (832)480-6074 E-mail/Fax: E-mail/Fax: hugo.loppez@yahoo.com E-mail/Fax: E-mail/Fax: 22. AGREEMENT OF PARTIES: This contract contains the entire agreement of the parties and cannot be changed except by their written agreement. Addenda which are a part of this contract are (check all applicable boxes): ❑ Third Party Financing Addendum ❑ Addendum for Coastal Area Property ❑ Seller Financing Addendum ❑ Environmental Assessment, Threatened or ❑ Addendum for Property Subject to Endangered Species and Wetlands Mandatory Membership in a Property Addendum Owners Association ❑ Addendum for Property Located Seaward ❑ Buyer's Temporary Residential Lease of the Gulf Intracoastal Waterway ❑ Seller's Temporary Residential Lease ❑ Addendum for Sale of Other Property by ❑Buyer Addendum for Reservation of Oil, Gas ❑ Addendum for Property in a Propane Gas and Other Minerals System Service Area ❑ Addendum for "Back -Up" Contract ❑ Other ❑ Addendum Concerning Right to (list): Terminate Due to Lender's Appraisal 23. CONSULT AN ATTORNEY BEFORE SIGNING: TREC rules prohibit real estate license holders from giving legal advice. READ THIS CONTRACT CAREFULLY. Buyer's Seller's Attorney is: Attorney is: r` / A Phone: Phone: Fax: Fax- E-mail: E-mail: Initialed for identification by Buyer and Seller TREC NO. 9-14 Produced with Lone Wolf Transactions (zipForm Edition) 231 Shearson Cr. Cambridge, Ontario, Canada N1T 1,15 vAvw.lwoff.com 0 E Main street Contract Concerning 0 E Main St., La Porte, Tx 77571 Page 8 of 10 11-1a20 (Address of Property) EXECUTED the day of , (BROKER: FILL IN THE DATE OF FINAL ACCEPTANCE.) Buyer Ammar J M Ghanim Buyer Mohammed J M Ghanim, Angel E Gonzalez Hugo Reginaldo Lopez Seller (Effective Date). The form of this contract has been approved by the Texas Real Estate Commission. TREC forms are /*\ intended for use only by trained real estate license holders. No representation is made as to the legal TRECvalidity or adequacy of any provision in any specific transactions. It is not intended for complex transactions. Texas Real Estate Commission, P.O. Box 12188, Austin, TX 78711-2188, (512) 936-3000 TE,,,,E.EEET.TECo„„,EE,o„ (http://www.trec.texas.gov) TREC NO. 9-14. This form replaces TREC NO. 9-13. Produced with Lone Wolf Transactions (zipForm Eddion) 231 Shearson Cr. Cambridge, Ontario, Canada N1T U5 vA-w.lmtf.com 0 E !Vain street Contract Concerning 0 E Main St., La Porte, Tx 77571 Page 9 of 10 11-10-20 (Address of Property) BROKER INFORMATION (Print name(s) only. Do not sign) Century 21 Exclusive Properties 9005233 Other Broker Firm License No. Listing Broker Firm License No. represents ❑ Buyer only as Buyer's agent represents ❑X Seller and Buyer as an intermediary ❑ Seller as Listing Broker's subagent ❑ Seller only as Seller's agent Alberto Mellado 679562 Associate's Name License No. Listing Associate's Name License No. Urban Key Real Estate Group Team Name Team Name amtxrealtorft_ maiI.com (832)768-2847 Associate's Email Address Phone Listing Associate's Email Address Phone Indra Persad Mouton 585366 Licensed Supervisor of Associate License No. Licensed Supervisor of Listing Associate License No. 6565 W Loop S Ste. 505 (832)581-3660 Other Broker's Address Phone Listing Broker's Office Address Phone Bellaire TX 77401 City State Zip City State Zip Selling Associate's Name License No. Team Name Selling Associate's Email Address Phone Licensed Supervisor of Selling Associate License No. Selling Associate's Office Address City State Zip Disclosure: Pursuant to a previous, separate agreement (such as a MLS offer of compensation or other agreement between brokers), Listing Broker has agreed to pay Other Broker a fee ( ). This disclosure is for informational purposes and does not change the previous agreement between brokers to pay or share a commission. TREC NO. 9-14 Produced with Lone Wolf Transactions (zipForm Edition) 231 Shearson Cr. Cambridge, Ontario, Canada 111T 1 J5 ~Wwoff.com 0 E Main street Contract Concerning 0 E Main St., La Porte, Tx 77671 Page 10 of 10 11-10-2o (Address of Property) OPTION FEE RECEIPT Receipt of $ (Option Fee) in the form of is acknowledged. Escrow Agent Date EARNEST MONEY RECEIPT Receipt of $ Earnest Money in the form of is acknowledged. Escrow Agent Received by Email Address Daterrime Address Phone City State Zip Fax CONTRACT RECEIPT Receipt of the Contract is acknowledged. Escrow Agent Received by Email Address Date Address Phone City State Zip Fax ADDITIONAL EARNEST MONEY RECEIPT Receipt of $ additional Earnest Money in the form of is acknowledged. Escrow Aaent Received by Email Address Address City State Zip Date/Time Phone Fax TREC NO. 9-14 Produced with Lone wolf Transactions (zipForrn Edition) 231 Shearson Cr. Cambridge, Ontario, Canada N1T U5 www.kwtf.com 0 E Main street V TEXAS REALTORS, INTERMEDIARY RELATIONSHIP NOTICE USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS®, INC. IS NOT AUTHORIZED. ©Texas Association of REALTORS@, Inc. 2004 To: Hugo Reginaldo Lopez (Seller or Landlord) and Ammar J M Ghanim, Mohammed J M Ghanim (Prospect) From: Century 21 Exclusive Properties (Broker's Finn) 0 E Main St. Re: La Porte Tx 77571 (Property) Date: August 16, 2021 A. Under this notice, "owner' means the seller or landlord of the Property and "prospect" means the above -named prospective buyer or tenant for the Property. B. Broker's firm represents the owner under a listing agreement and also represents the prospect under a buyer/tenant representation agreement. C. In the written listing agreement and the written buyer/tenant representation agreement, both the owner and the prospect previously authorized Broker to act as an intermediary if a prospect who Broker represents desires to buy or lease a property that is listed by the Broker. When the prospect makes an offer to purchase or lease the Property, Broker will act in accordance with the authorizations granted in the listing agreement and in the buyer/tenant representation agreement. D. Broker ❑ will X will not appoint licensed associates to communicate with, carry out instructions of, and provide opinions and advice during negotiations to each party. If Broker makes such appointments, Broker appoints: to the owner; and to the prospect. E. By acknowledging receipt of this notice, the undersigned parties reaffirm their consent for broker to act as an intermediary. F. Additional information: (Disclose material information related to Broker's relationship to the parties, such as personal relationships or prior or contemplated business relationships.) The undersigned acknowledge receipt of this notice Seller or Landlord Date Hugo Reginaldo Lopez Seller or Landlord Date (TXR-1409) 1-7-04 Prospect Ammar J M Ghanim Date Prospect Date Mohammed J M Ghanim, Angel E Gonzalez Page 1 of 1 Prime Realty Group, 3515 Preston Suite 100 Pasadena TX 77505 Phone: 8327682847 Fax: 0 E Ntain sheet Alberto Wil.& Produced with Lone Woo Transactions (zipForm Edition) 231 Shearson Cr. Cambridge, Ontario, Canada N1T 1,15 www.lwo0 com Authentisign ID: E05CD3EE-A5F3-49B7-8F51.25BD3663E725 11 /2/2015 12111 Information About Brokerage Services Eawo�, Texas law requires all real estate licensees to give the following information about brokerage services to prospective buyers, tenants, sellers and landlords. TYPES OF REAL ESTATE LICENSE HOLDERS: A BROKER is responsible for all brokerage activities, including acts performed by sales agents sponsored by the broker. t A SALES AGENT must be sponsored by a broker and works with clients on behalf of the broker. A BROKER'S MINIMUM DUTIES REQUIRED BY LAW (A client is the person or party that the broker represents): Put the interests of the client above all others, including the broker's own interests, Inform the client of any material information about the property or transaction received by the broker; Answer the client's questions and present any offer to or counter-offer from the client; and Treat all parties to a real estate transaction honestly and fairly. A LICENSE HOLDER CAN REPRESENT A PARTY IN A REAL ESTATE TRANSACTION: AS AGENT FOR OWNER (SELLER/LANDLORD): The broker becomes the property owner's agent through an agreement with the owner, usually in a written listing to sell or property management agreement. An owner's agent must perform the broker's minimum duties above and must inform the owner of any material information about the property or transaction known by the agent, including information disclosed to the agent or subagent by the buyer or buyer's agent. AS AGENT FOR BUYER/TENANT: The broker becomes the buyer/tenant's agent by agreeing to represent the buyer, usually through a written representation agreement. A buyer's agent must perform the broker's minimum duties above and must inform the buyer of any material information about the property or transaction known by the agent, including information disclosed to the agent by the seller or seller's agent. AS AGENT FOR BOTH - INTERMEDIARY: To act as an intermediary between the parties the broker must first obtain the written agreement of each party to the transaction. The written agreement must state who will pay the broker and, in conspicuous bold or underlined print, set forth the broker's obligations as an intermediary. A broker who acts as an intermediary: Must treat all parties to the transaction impartially and fairly; May, with the parties' written consent, appoint a different license holder associated with the broker to each party (owner and buyer) to communicate with, provide opinions and advice to, and carry out the instructions of each party to the transaction. Must not, unless specifically authorized in writing to do so by the party, disclose: that the owner will accept a price less than the written asking price; that the buyerttenant will pay a price greater than the price submitted in a written offer; and o any confidential information or any other information that a party specifically instructs the broker in writing not to disclose, unless required to do so by law. AS SUBAGENT: A license holder acts as a subagent when aiding a buyer in a transaction without an agreement to represent the buyer. A subagent can assist the buyer but does not represent the buyer and must place the interests of the owner first. TO AVOID DISPUTES, ALL AGREEMENTS BETWEEN YOU AND A BROKER SHOULD BE IN WRITING AND CLEARLY ESTABLISH: The broker's duties and responsibilities to you, and your obligations under the representation agreement. i' Who will pay the broker for services provided to you, when payment will be made and how the payment will be calculated. LICENSE HOLDER CONTACT INFORMATION: This notice is being provided for information purposes. It does not create an obligation for you to use the broker's services. Please acknowledge receipt of this notice below and retain a copy for your records. Century 21 Exclusive Properties Licensed Broker/Broker Firm Name or Primary Assumed Business Name Indra Persad Mouton Designated Broker of Firm Indra Persad Mouton Licensed Supervisor of Sales Agent/ Associate 9005233 indra(a?exclusiveprops.com (832)581-3660 License No. Email Phone 585366 indramouton(&Smaii.com (281)736-6024 License No. Email Phone 585366 indramouton@gmail.com (281)736-6024 License No. Email Phone Alberto Mellado 6795 amtxrealtor mail.com (832)768-2847 Sales Agent/Associate's Name Licen No. 04r2812021 Email Phone Buyer/Tenant/Seller/L or itials Date Regulated by the Texas Real Estate Commission Information available at www.trec.texas.gov IABS 1-0 Date Prime Realty Croup, 3515 Preston Suite 100 Pasadena Ty 77505 Phone: 8327682847 Fax 0 E Main Arm Aki to DfO.& Produced with Lone WoH Transactions (zipForm Edition) 231 Shearson Cr. Cambridge, Ontario, Canada N1T 1J5 www.lwolf-com REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 10, 2022 Requested By: Ray Mayo, Director Department: Public Works • Report c - Resolution Ordinance Exhibits: Area Map: Opinion of Cost: Inter -local reement: GLO Award Notice Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: (' Yes • No SUMMARY & RECOMMENDATION The Brookglen Subdivision is comprised of approximately 464 residential structures. Dating back to June 1981, during each significant rain event, there have been more than 100 flood -related FEMA insurance claims within the subdivision. According to the 2009 Citywide Drainage Study, local storm water collection system has a three-year level of service, which contributes to local flood risks within the project area. The 2009 study also recommended several drainage improvement projects, intended to reduce flood risks within the Brookglen Subdivision. The Brookglen Subdivision Drainage Improvements Project is the highest prioritized drainage project, as ranked by the Drainage Committee at the August 13, 2018 Drainage Committee Meeting. After much coordination between City Staff and Harris County Staff, a combination of projects have been identified to mitigate flooding within the subdivision. Utilizing land acquired through flood -related buyouts, Harris County Flood Control District (HCFCD) intends to construct detention basins within the subdivision. Taking advantage of the additional storage capacity provided by the detention ponds, the City of La Porte plans to increase the capacity of the local storm sewer system, by increasing storm sewer pipe sizes throughout the southern half of the subdivision. Ancillary infrastructure improvements to be constructed as part of this project includes: replacing existing asbestos -concrete water lines with new PVC water line; and the replacement of approximately 46,700 square yards of 6" concrete paving throughout the project area. As separate projects, two additional detention ponds, south of Fairmont Parkway, are also planned to be constructed to complement the aforementioned projects. The City of La Porte has submitted a Partnership Project Application for the Brookglen Subdivision Drainage Improvements Project to Harris County for funding consideration. The estimated total project cost is $11,940,009.88, including engineering, material testing, and construction. Funding sources for this project include the City of La Porte, Harris County, and the Texas General Land Office, with each expecting to contribute $5,041,217.54; $2,900,023.28; $3,998,769.06, respectively (ref. Exhibit B). An inter- local agreement has been negotiated, with Harris County, for Harris County's contribution of $2,900,023.28 for drainage related components associated with the Brookglen Subdivision Drainage Improvement Project. Benefits: • Project reduces flood risks within the Brookglen Subdivision. • Makes progress towards the implementation/construction of several projects identified to reduce flooding within the Brookglen Subdivision. • Project addresses recommended drainage improvement identified in 2008 City -Wide Drainage Report; 2019 HCFCD Investigation of an Alternative to Reduce Brookglen Area Flooding — Phase 3 Report. • Project identified in Hazard Mitigation Action Plan. • Funding from Harris County allows project to be fully funded sooner. Liabilities: • City would fully fund this scope of work. • Flood risks are prolonged until project is fully funded. The Drainage Committee is expected to discuss this item at the January 10, 2022 meeting and provide a recommendation to City Council at the time of the January 10, 2022 City Council meeting. Staff recommends entering into an Interlocal Agreement with Harris County to receive funds for Brookglen Subdivision Drainage Improvement Project. ACTION REQUIRED BY CITY COUNCIL Authorize the City Manager to enter into an Interlocal Agreement with Harris County to receive funds for the Brookglen Subdivision Drainage Improvement Project. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date zEXHIBIT A a FLOOD gCONTROL BROOKGLEN SUBDIVISION DRAINAGE IMPROVEMENTS =DISTRICT F, _ �� Baker � »•''� __ 1 Q•' �Johiv�.. OR � iDLVId L�tir ��' Tamora t _ r, Dakh awe Scochler— CD tv .. Venture LnY l Sentosa \ , Creek Ln'i f ; W �. Dakhurs t. r S �C eYi •` Bari L 8 a-wom y !S Project area g9oh f �omery.. n =I� Legend Channel System OPEN STORM SEWER HISTORICAL Highways - Regional Freeway Major SH99 GRAND PARKWAY STAR*MapO Basemap LabE STAR*MapO Basemap FREEWAY FRONTAGE u�su TOLLWAY HOV RAMP MAJOR LOCAL PRIVATE PROPOSED Parcels - Harris County Harris County Boundary 7 Other County Boundaries ounty Vicinity Map Notes The roatlway tlata a -n th s map are d—M from the STAR'Map® STAR'Map -s a re .teretl tmtlemark of the Houston Galveston Area Council antl the Geograpti . Gata Comm tlee_ Key Map® antl the Key Map Ungae G.d8 a re re teretl tmtlemarks of Key Maps, Inc_ antl are protectM by Fetleral Tratlemar law_ Any use of the Key Map Unique Grid must have the written aWh.r-t.. of Key - Maps, Inc 1: 9,028 ft 8/3/2021 EXHIBIT B Brookglen Subdivision Drainage Improvements Estimated Project Costs Construction $10,600,009.88 Engineering (Design, Bid and Construction) $810,000.00 Additional Services (material testing, administration, etc) $530,000.00 Project Total $11,940,009.88 City of La Porte Share (42%) $5,041,217.53 GLO Share (33%) $3,998,769.06 [Harris County Share (24%) $2,900,023.28 DocuSign Envelope ID: D450BBB2-B4B7-4171-917E-6FB4ED202ABB HCFCD Agreement Number 2022-102 INTERLOCAL AGREEMENT THE STATE OF TEXAS § COUNTY OF HARRIS § This Agreement is made and entered into pursuant to Texas Government Code Ann. 791.001, et seq. (the Interlocal Cooperation Act), by and between City of La Porte, Texas, a body corporate and politic under the laws of the State of Texas, located within Harris County, and hereinafter referred to as the "City," and the Harris County Flood Control District, a body corporate and politic under the laws of the State of Texas, hereinafter referred to as the "District," or each a "Party" to this Agreement, and are collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, the City desires to design and construct a project for the demolition, reconstruction and improvement of the Brookglen Storm Sewer System on its property, hereinafter referred to as the "Project" as shown in the document attached hereto as Exhibit A; and WHEREAS, the District's mission is to provide flood damage reduction projects that work, with appropriate regard for community and natural values, and desires to contribute to the Project to reduce the flood risk to City residents; and WHEREAS, the Texas General Land Office ("GLO") is willing to fund a portion of the cost of the Project through a Community Development Block Grant; and WHEREAS, the City has estimated the total cost of the Project to be $11,940,009.88, as shown in the document attached hereto as Exhibit B, and the GLO is willing to contribute a maximum of $3,998,769.06 and the City is willing to contribute a maximum of $5,041,217.54 ("City Contribution") toward the cost of the Project; and WHEREAS, the District desires to contribute a maximum of $2,900,023.28 ("District Contribution") toward the shared cost of the drainage components of the Project; and WHEREAS, it is to the mutual benefit of the City and the District to enter into this Agreement for the use and benefit of the public. NOW, THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the Parties, the Parties agree as follows: Within forty-five (45) days of the execution of this Agreement by both parties, the District shall pay the City ($2,900,023.28) as the District Contribution toward the cost of the Project. The City and the Texas General Land Office will pay the remaining cost of the Project. If the City does not receive the GLO funds or receives only a portion of them, the City and the District may decide to make up for the lost funds. The City and the District, upon approval of their respective governing bodies, will each pay half of any lost GLO funding; however, the District will not pay for any non - drainage components of the Project costs that were to be covered by GLO funding. -1- DocuSign Envelope ID: D450BBB2-B4B7-4171-917E-6FB4ED202ABB HCFCD Agreement Number 2022-102 The City will award the construction contract for the Project in accordance with competitive bidding laws applicable to the City. The City's determination of the lowest responsible bidder for the Project shall be final. If the City encounters environmental contamination or other issues that make it impossible to continue the Project during construction, it shall immediately halt all work until the Parties have discussed the issues presented and reached an agreement on how or whether to proceed. Under no circumstances shall the District be responsible for any remediation costs or any costs associated with environmental contamination at the Project site. If this Agreement is terminated by the City because of environmental contamination discovered at the Project Site, the City will be responsible for all costs of the Project, including reimbursement to the District for Project costs already paid out of the District Contribution, to the point of termination. The City will strive to engage with prime contractors and subcontractors representative of the diverse businesses of Harris County. The City will use its best efforts to afford historically underutilized minority- and woman -owned businesses (M/WBEs) a fair and equal opportunity to participate in the City's procurement process, as allowed by law. Nothing in this paragraph is intended to conflict with any federal M/WBE requirements. IN Upon execution of this Agreement, the City shall prepare or cause to be prepared drawings and specifications for the Project to be constructed and perform other engineering services in connection therewith. The City shall submit the drawings and specifications to the District for review and approval. The District shall promptly review and approve the drawings and specifications, which approval shall not be unreasonably withheld. The City may make changes and amendments to the drawings and specifications within the design intent of the Project as the City deems necessary or desirable during construction and shall notify District of all such changes and amendments within two (2) calendar days after making such a change or amendment. In the event the changes or amendments result in a change in cost of the Project, the City shall obtain District approval prior to proceeding with the change. The District shall review changes or amendments and shall provide a documented decision within two (2) calendar days. Should the District fail to provide its documented decision within two days, this shall be interpreted as no objection from the District regarding the change(s) or amendment(s). In the event the changes or amendments result in a change in cost of the Project, the City shall obtain District approval prior to proceeding with the change. The District, upon approval by Harris County Commissioners Court, will pay half of any drainage -related costs that exceed the amount of the District Contribution. The City, upon approval of the City Council of the City of LaPorte, will pay the other half of the drainage -related costs and the total cost of any non -drainage element overages. a The District shall have access at all reasonable times to the Project construction site and to all relevant drawings, specifications, contract documents, and records to verify that the Project is constructed in compliance with this Agreement. The District and Precinct 2 will receive monthly updates and invites to all progress meetings. t� The City has been advised by the District and the City clearly understands and agrees, such understanding and agreement being of the absolute essence to this Agreement, that the District -2- DocuSign Envelope ID: D450BBB2-B4B7-4171-917E-6FB4ED202ABB HCFCD Agreement Number 2022-102 shall have available the total maximum sum of Two Million Nine Hundred Thousand Twenty - Three and 28/100 Dollars ($2,900,023.28) specifically allocated to fully discharge any and all liabilities that may be incurred by the District pursuant to the terms of this Agreement, and that any cost increases in the Project to be paid by the District must first be approved by Harris County Commissioners Court and certified as available by the County Auditor. VII. The City or the District may terminate this Agreement, without cause, upon thirty (30) days' written notice to the other Party until such time as the City awards the construction contract for the Project, in which case any unspent portion of the District Contribution shall be returned to the District in a timely manner. Once the Project has started construction, if the City terminates this Agreement for any reason other than as stated in Paragraph II herein, the City will refund to the District any unspent portion of the District Contribution. VIII. Upon completion of the construction of the Project, the City shall provide the District with record drawings of the Project. The City will maintain the Project once it is complete. IX. Within thirty (30) days of completion of the construction of the Project, the City shall provide the District with record drawings of the Project. The City will conduct an accounting of all monies expended and distinguish which monies were spent on drainage and non -drainage components of the Project following the completion of the Project. The City will refund to the District its portion of any amount not spent as stated in this Agreement or any amendment to this Agreement. The City will maintain the Project to the extent and in the same manner as other like facilities within the City once it is complete. The District Contribution will go toward the drainage component(s) of the Project as defined as: site preparation, storm sewer improvements, pavement and sidewalk reconstruction, utility adjustments associated with storm sewer improvements, engineering and additional services related to the listed components. If the City spent any of the District Contribution on non -drainage components of the Project, the City will timely refund the portion of the District Contribution that it spent on non -drainage components. a The City will cause to be inserted in the construction contract for the Project an agreement that the contractor will indemnify, defend, protect, covenant not to sue, release, and save and hold harmless the District and City and all their representatives from all suits, actions, or claims of any character brought on account of any injuries or damages sustained by any person or property in consequence of any neglect in safeguarding the work or through the use of unacceptable materials in the construction of the Project or any associated improvements, or on account of any act of omission by the contractor. The City will require its contractors to name the District and the City as additional insureds. The Parties will endeavor to give each other at least seventy-two (72)-hours-notice of release of information regarding the Project to the news media, private citizens or community organizations; however, this article shall have no application to any release of information based upon approval of this Agreement or any amendment thereto by the governing bodies of the Parties. -3- DocuSign Envelope ID: D450BBB2-B4B7-4171-917E-6FB4ED202ABB HCFCD Agreement Number 2022-102 XII. All notices and communications under this Agreement shall be mailed by certified mail, return receipt requested, or delivered to the District at the following address: Harris County Flood Control District 9900 Northwest Freeway Houston, Texas 77092 Attention: Executive Director All notices and communications under this Agreement shall be submitted electronically to citysecretary(a�laportetx.gov, or mailed by certified mail, return receipt requested, or delivered to the City at the following addresses: City of La Porte 604 W Fairmont Parkway, La Porte, Texas 77571 Attention: City Manager XIII. No Party hereto shall make, in whole or in part, any assignment of the Agreement or any obligation hereunder without the prior written consent of the other Party. XIV. This instrument contains the entire agreement between the Parties relating to the rights herein granted and the obligations herein assumed. Any modifications concerning this instrument shall be of no force or effect, excepting a subsequent modification in writing, signed by the Parties hereto. QTj If any provision of this Agreement is construed to be illegal or invalid, this will not affect the legality or validity of any of the provisions hereof. The illegal or invalid provisions will be deemed stricken from this Agreement and deleted to the same extent and effect as if never incorporated herein. EXECUTED on APPROVED AS TO FORM: CHRISTIAN D. MENEFEE HARRIS COUNTY FLOOD CONTROL Harris County Attorney DISTRICT DocuSigned by: (,auva Fli4VY,Vh" CAUL D9FE318CE1BA4BEE.. LAURA FIORENTINO CAHILL Senior Assistant County Attorney 0 LINA HIDALGO, County Judge no DocuSign Envelope ID: D450BBB2-B4B7-4171-917E-6FB4ED202ABB HCFCD Agreement Number 2022-102 ATTEST: CITY OF LA PORTE, TEXAS By: By: Name: Name: Title: Title: Asst. Public Works Director -5- mes)nEm¥ope ID: D«oBB &aura« 2 $9EBFe Eo GABB HCECD Agreement Number 2022-102 EXHIBIT A ! „ « q § • ` i|!- 222 $ § f \®\3. ©7 ! , z © a Vw qI � Al DocuSign Envelope ID: D450BBB2-B4B7-4171-917E-6FB4ED202ABB HCFCD Agreement Number 2022-102 EXHIBIT B Brookglen Subdivision Drainage Improvements Estimated Project Costs Construction $10,600,009.88 Engineering (Design, Bid and Construction) $810,000.00 Additional Services (material testing, administration, etc) $530,000.00 Project Total $11,940,009.88 City of La Porte Share (42%) $5,041,217.54 GLO Share (34%) $3,998,769.06 Harris County Share (24%) $2,900,023.28 B-1 DocuSign Envelope ID: D450BBB2-B4B7-4171-917E-6FB4ED202ABB HCFCD Agreement Number 2022-102 THE STATE OF TEXAS § COUNTY OF HARRIS § The Commissioners Court of Harris County, Texas, convened at a meeting of said Court at the Harris County Administration Building in the City of Houston, Texas, on , with the following members present, to -wit: Lina Hidalgo County Judge Rodney Ellis Commissioner, Precinct No. 1 Adrian Garcia Commissioner, Precinct No. 2 Tom S. Ramsey, P.E. Commissioner, Precinct No. 3 R. Jack Cagle Commissioner, Precinct No. 4 and the following members absent, to -wit: quorum, when among other business, the following was transacted: constituting a ORDER AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN CITY OF LA PORTE, TEXAS AND THE HARRIS COUNTY FLOOD CONTROL DISTRICT Commissioner the same be adopted. adoption of the order following vote: Commissioner The motion, AYES: NAYS: ABSTENTIONS introduced an order carrying with it the adoption of th Judge Lina Hidalgo Comm. Rodney Ellis Comm. Adrian Garcia Comm. Tom S. Ramsey, P.E. Comm. R. Jack Cagle e and made a motion that seconded the motion for order, prevailed by the Yes No Abstain 0 0 0 0 0 0 0 0 0 0 0 0 The County Judge thereupon announced that the motion had duly and lawfully carried and that the order had been duly and lawfully adopted. The order thus adopted follows: WHEREAS, the City desires to design and construct a project for the demolition, reconstruction and improvement of the Brookglen Storm Sewer System on its property, hereinafter referred to as the "Project' as shown in the document attached hereto as Exhibit A; and WHEREAS, the District's mission is to provide flood damage reduction projects that work, with appropriate regard for community and natural values, and desires to contribute to the Project to reduce the flood risk to City residents; and WHEREAS, the Texas General Land Office ("GLO") is willing to fund a portion of the cost of the Project through a Community Development Block Grant; and WHEREAS, the City has estimated the total cost of the Project to be $11,940,009.88, as shown in the document attached hereto as Exhibit B, and the GLO is willing to contribute a DocuSign Envelope ID: D450BBB2-B4B7-4171-917E-6FB4ED202ABB HCFCD Agreement Number 2022-102 maximum of $3,998,769.06 and the City is willing to contribute a maximum of $5,041,217.54 ("City Contribution") toward the cost of the Project; and WHEREAS, the District desires to contribute a maximum of $2,900,023.28 ("District Contribution") toward the shared cost of the drainage components of the Project; and WHEREAS, it is to the mutual benefit of the City and the District to enter into this Agreement for the use and benefit of the public. NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF HARRIS COUNTY, TEXAS THAT: Section 1: The recitals set forth in this order are true and correct. Section 2: County Judge Lina Hidalgo is hereby authorized to execute for and on behalf of the Harris County Flood Control District, an Interlocal Agreement by and through the Harris County Flood Control District and the City of La Porte, Texas, for a fee to be paid by the District of $2,900,023.28, said Agreement being incorporated herein by reference for all purposes as though fully set forth verbatim herein. eng La Porte B112-GO01 2022-102.docx DocuSign Certificate Of Completion Envelope Id: D450BBB2B4B74171917E6FB4ED202ABB Status: Sent Subject: Please DocuSign: eng La Porte B112-GO01 2022-102.docx Source Envelope: Document Pages: 9 Signatures: 1 Envelope Originator: Certificate Pages: 5 Initials: 0 Keena Tarrant AutoNav: Enabled 9900 Northwest Freeway Envelopeld Stamping: Enabled Houston, TX 77092 Time Zone: (UTC-08:00) Pacific Time (US & Canada) keena.tarrant@hcfcd.hctx.net I Address: 74.124.47.10 Record Tracking Status: Original Holder: Keena Tarrant Location: DocuSign 12/20/2021 12:59:04 PM keena.tarrant@hcfcd.hctx.net Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: Harris County Flood Control District Location: DocuSign Signer Events Signature Timestamp Laura Fiorentino Cahill [D­Stg"eley: Sent: 12/20/2021 1:07:46 PM laura.cahill@hcfed.org WA, rlbin,A.{t" 1,4(t Viewed: 12/21/2021 4:22:56 AM Security Level: Email, Account Authentication D9FE318CE16A4EE Signed: 12/21/2021 4:25:02 AM (None) Signature Adoption: Pre -selected Style Using IPAddress: 172.58.200.91 Signed using mobile Electronic Record and Signature Disclosure: Accepted: 8/27/2019 3:03:30 PM ID:95d8aac6-45f9-4460-bb8f-caOe5b84009c Corby D. Alexander Sent: 12/21/2021 4:25:05 AM wingatel@laportetx.gov Viewed: 12/22/2021 8:24:57 AM Asst. Public Works Director Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 12/22/2021 8:24:57 AM ID: fcf9561 1 -ee07-4664-abdO-e840551 dd8e8 Lee Woodward wingatel@laportetx.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 12/22/2021 8:24:57 AM ID: fcf9561 1 -ee07-4664-abdO-e840551 dd8e8 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Carbon Copy Events Sandra Flores sandra.flores@hcfcd.hctx.net Harris County Flood Control District Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Notary Events Status COPIED Signature Signature Envelope Summary Events Status Envelope Sent Hashed/Encrypted Payment Events Status Electronic Record and Signature Disclosure Timestamp Sent: 12/21/2021 4:25:04 AM Timestamp Timestamp Timestamps 12/20/2021 1:07:46 PM Timestamps Electronic Record and Signature Disclosure created on: 8/22/2019 1:41:20 PM Parties agreed to: Laura Fiorentino Cahill, Corby D. Alexander, Lee Woodward ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Carahsoft obo Harris County Flood Control District (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check -box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per -page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact Carahsoft obo Harris County Flood Control District: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: lillie.lindner@hcfcd.hctx.org To advise Carahsoft obo Harris County Flood Control District of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at lillie.lindner@hcfcd.org and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from Carahsoft obo Harris County Flood Control District To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to lillie.lindner@hcfcd.hctx.net and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with Carahsoft obo Harris County Flood Control District To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your signing session, and on the subsequent page, select the check -box indicating you wish to withdraw your consent, or you may; ii. send us an email to lillie.lindner@hcfcd.hctx.org and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: hitps://support.docusign.com/guides/signer-guide- signi^ n�-System-requirements. Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check -box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. By selecting the check -box next to `I agree to use electronic records and signatures', you confirm that: You can access and read this Electronic Record and Signature Disclosure; and You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and Until or unless you notify Carahsoft obo Harris County Flood Control District as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Carahsoft obo Harris County Flood Control District during the course of your relationship with Carahsoft obo Harris County Flood Control District. From: Dawn Riggs <Dawn.Riggs. glo@recovery.texas.gov> Sent: Friday, October 8, 2021 1:47 PM To: Mayors Office - public e-mail; Rigby, Louis Cc: Wingate, Lorenzo; Patrick Wiltshire; Aron Miller Subject: Community Development Block Grant - Mitigation Attachments: LaPorte HMGP Award Notice - HUDMID.docx Dear Mayor Rigby, The Texas General Land Office Community Development and Revitalization division has completed its review of the Community Development Block Grant Mitigation Hazard Mitigation Grant Program: Supplemental (HMGP-S) application submitted for HUD Most Impacted and Distressed (HMID) funding. Congratulations, we are pleased to announce the approval of your application. The attached letter is confirmation that the application for HMGP-S HMID has been deemed eligible and approved for funding of the project identified below: Project Information: Applicant: La Porte CDBG-MIT Amount: $4,000,000.00 Project Title: Brookglen Subdivision Drainage Improvements TIGR Application ID: CDRI7-1247-APP GLO-CDR is dedicated to La Porte's success. If you have any questions, I can be reached via return email at Dawn. Riggs. RloArecoye1y.texas.Roy or at 512-701-0654. N�N•< Dawn Riggs Grant Manager Infrastructure & Housing Community Development & Revitalization Texas General Land Office, George P. Bush Commissioner Work (512) 701- 0654 TEXAS GENERAL LAND OFFICE GEORGE P. BUSH, COMMISSIONER 10/08/2021 Mayor Louis R. Rigby VIA EMAIL: @ mayorsoffice@laportetx.gov; rigbvl@laportetx.gov City of La Porte 604 W Fairmont Parkway LaPorte, TX 77571 Re: Community Development Block Grant - Mitigation Hazard Mitigation Grant Program Supplemental Award Dear Mayor Rigby: The Texas General Land Office Community Development and Revitalization division (GLO-CDR) has completed its review of the Community Development Block Grant Mitigation (CDBG-MIT) Hazard Mitigation Grant Program: Supplemental (HMGP-S) application for HUD Most Impacted and Distressed (HMID) funding. Congratulations, we are pleased to announce the approval of your application. This letter is confirmation that La Porte's application for HMGP-S HMID has been deemed eligible and approved for funding. The application is moving forward to contracting. Applicant: La Porte CDBG-MIT Amount: $4,000,000.00 Project Title: Brookglen Subdivision Drainage Improvements TIGR Application ID: CDRI7-1247-APP Following drafting of your Subrecipient Agreement (contract) documents, you will receive an email via DocuSign for electronic signature (contract execution). Once all parties have signed, I will schedule a Kickoff Workshop with you to guide you through program requirements, the terms of your executed contract, confirm your signatory's contact information, establish a contact list of key stakeholders, and address specific questions you may have. GLO-CDR is dedicated to La Porte's success. If you have any questions, I can be reached via return email at Dawn.Riggs.glo(a recovery.texas.gov or at (512) 701- 0654. Sincerely, Dawn Riggs Grant Manager Texas General Land Office