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HomeMy WebLinkAbout12-12-11 Regular Meeting of La Porte City CouncilLOUIS RIGBY Mayor JOHN ZEMANEK Councilmember at Large A DOTTIE KAMINSKI Councilmember at Large B MIKE MOSTEIT Councilmember District 1 CHUCK ENGELKEN Mayor Pro -Tem, Councilmember District 2 CITY COUNCIL MEETING AGENDA DARYL LEONARD Councilmember District 3 TOMMY MOSER Councilmember District 4 JAY MARTIN Councilmember District 5 MIKE CLAUSEN Councilmember District 6 Notice is hereby given of a Regular Meeting of the La Porte City Council to be held December 12, 2011, beginning at 6:00 p.m. in the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte, Texas, for the purpose of considering the following agenda items. All agenda items are subject to action. The City Council reserves the right to meet in a closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code. 1. CALL TO ORDER 2. INVOCATION — The invocation will be given by Dee Spears, Fairmont Park Church. 3. PLEDGE OF ALLEGIANCE — The Pledge of Allegiance will be led by Councilmember Dottie Kaminski. 4. PUBLIC COMMENTS (Limited to five minutes per person.) 5. CONSENT AGENDA (a) Consider approval or other action of the minutes of the City Council meeting held on November 14, 2011 — P. Fogarty (b) Consider approval or other action authorizing the Interim City Manager to execute an annual contract for rehabilitation of sanitary sewer using slipping, pipe bursting and remove and replace techniques — D. Mick (c) Consider approval or other action to renew the City of La Porte's Stop Loss Coverage with ING — H. Weger (d) Consider approval or other action regarding an ordinance authorizing the Interim City Manager to enter into an Industrial District Agreement, a Water Service Agreement, and a Sanitary Sewer Service Agreement with Bayport Associates I, LLC — T. Tietjens (e) Consider approval or other action authorizing the Interim City Manager to execute a contract amendment with Freese and Nichols for West F Street Drainage Improvements — T. Tietjens (f) Consider approval or other action regarding an ordinance authorizing the Mayor to execute a Multiple Use Agreement with the Texas Department of Transportation for construction, maintenance and operation of a Commercial Vehicle Inspection pad site at intersection of State Highway 146 and Barbours Cut — K. Adcox (g) Consider approval or other action regarding an ordinance authorizing the Interim City Manager to execute an agreement with the City of Shoreacres for fire protection services — D. Ladd (h) Consider approval or other action authorizing the Director of Finance to amend various operating budgets for Fiscal Year 2011 outstanding purchase orders — M. Dolby (i) Consider approval or other action adopting an ordinance amending Fiscal Year 2011 -12 Budget — M. Dolby 6. AUTHORIZATIONS (a) Consider approval or other action awarding bid # S 12001 for the sale of building and adjoining parking lots at 912 West Main Street — T. Leach (b) Consider approval or other action regarding vote by La Porte Development Corporation Board to sell Lots 7 and 8, Block 52, Town of La Porte, Harris County, Texas, as part of sale by City of La Porte of building and adjoining parking lots at 912 West Main Street — T. Leach (c) Consider approval or other action awarding RFP # 12503 for an Executive Search Firm, regarding city manager position — S. Cream (d) Consider approval or other action regarding an interlocal agreement with the Port of Houston for East Main Drainage Project participation — T. Tietjens 7. STAFF REPORTS (a) Receive report on the Municipal Court Juvenile Program — D. Mitrano (b) Receive Drainage Report — Chairman Mosteit 8. ADMINISTRATIVE REPORTS (a) Christmas Holidays — Friday, December 23, 2011, and Monday, December 26, 2011 (b) City Council Meeting — Monday, January 9, 2012 (c) City Council Meeting — Monday, January 23, 2012 9. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upc oming events; inquiry of staff regarding specific factual information or existing policies — Councilmembers Kaminski, Zemanek, Leonard, Engelken, Mosteit, Clausen, Martin, Moser and Mayor Rigby. 10. EXECUTIVE SESSION The City Council reserves the right to meet in closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code, including, but not limited to, the following: Texas Government Code, Section 551.072 — Deliberation regarding real property: Discussion of the sale of property located at 908 and 912 West Main Street. 11. RECONVENE into regular session and consider action, if any, on items discussed in executive session. 12. ADJOURN In compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable accommodations for persons attending public meetings. To better serve attendees, requests should be received 24 hours prior to the meeting. Please contact Patrice Fogarty, City Secretary, at 281.470.5019. CERTIFICATION I certify that a copy of the December 12, 2011, agenda of items to be considered by the City Council was posted on the City Hall bulletin board on December 6, 2011. &At�L XrA2� Council Agenda Item December 12, 2011 1. CALL TO ORDER 2. INVOCATION — The invocation will be given by Dee Spears, Fairmont Park Church 3. PLEDGE OF ALLEGIANCE — The Pledge of Allegiance will be led by Councilmember Dottie Kaminski 4. PUBLIC COMMENTS (Limited to five minutes per person) **************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** LOUIS RIGBY Mayor JOHN ZEMANEK Councilmember at Large A DOTTIE KAMINSKI Councilmember at Large B MIKE MOSTEIT Councilmember District 1 CHUCK ENGELKEN Mayor Pro Tem Councilmember District 2 DARYL LEONARD Councilmember District 3 TOMMY MOSER Councilmember District 4 JAY MARTIN Councilmember District 5 MIKE CLAUSEN Councilmember District 6 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE NOVEMBER 14, 2011 The City Council of the City of La Porte met in a regular meeting on Monday, November 14, 2011, at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00 p.m. to consider the following items of business: CALL TO ORDER Mayor Rigby called the meeting to order at 6:00 p.m. Members of Council present: Councilmembers Leonard, Zemanek, Engelken, Martin, Kaminski, Moser, and Clausen. Absent: Councilmember Mosteit. Also present were City Secretary Patrice Fogarty, Interim City Manager Steve Gillett, Assistant City Manager Traci Leach and Assistant City Attorney Clark Askins. 2. INVOCATION - The invocation was given by B. L Worsham of the Second Baptist Church of La Porte. 3. PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was led by Councilmember Tommy Moser. 4. PRESENTATIONS, PROCLAMATIONS AND RECOGNITIONS (a) Senator Mike Jackson presented Jerome McKown with a flag in honor of his outstanding career in the La Porte Police Department. (b) Phillip Ferguson a R epresentative of the Citizens Police Academy Alumni Association presented a symbolic check to the City of La Porter in the amount of $17, 907. 50 for the volunteered activities of the Citizens Police Academy Alumni Association. Chief Ken Adcox also spoke and provided a list of projects worked on by the volunteers. 5. PUBLIC COMMENTS (Limited to five minutes per person.) Matt Novosad, President of the La Porte Police Officers Association addressed Council in regards to Civil Service employees and the employee stipend. Chuck Rosa, 812 S. Virginia, La Porte, addressed Council in opposition to an ordinance amending Chapter 14 of the Code of Ordinances, placing restrictions on the tethering of animals. Samantha Rosa, 812 S. Virginia, La Porte, addressed Council also in opposition to an ordinance amending Chapter 14 of the Code of Ordinances, placing restrictions on the tethering of animals. Marylee Nolley, 2819 E Street, La Porte, addressed Council in regards of an ordinance amending Chapter 14 of the Code of Ordinances, placing restrictions on the tethering of animals. Ms. Nolley suggested an amended ordinance be carefully written. Jane Rosa, 812 S . Virginia, La Porte, addressed Council in favor of tethering animals and suggested an amended ordinance be carefully written. Page 1 of 7 November 14, 2011, City Council Meeting Minutes Raymond Bourque, 801 San Jacinto, La Porte, addressed Council in opposition to an ordinance amending Chapter 14 of the Code of Ordinances, placing restrictions on the tethering of animals. Mary McLain, 128 S. 16 La P orte, addressed Council in regards to an ordinance amending Chapter 14 of the Code of Ordinances, placing restrictions on the tethering of animals. John Kling, 11025 Pinewood Ct, La Porte, addressed Council in opposition to Item 15, an ordinance authorizing the annexation of an approximately 29 -acre tract of land in the Battleground Industrial District and located within the City of La Porte's extraterritorial jurisdiction. Mr. Kling also provided photos for Councils review. Richard Weaver, Attorney for Ted Booher, addressed Council on behalf of Mr. Booher and advised Council demands of the city were unreasonable. Mr. Weaver advised that Ted Booher would file a suit against the city if his property was annexed. Delbert Landry, 316 S. 11 Street, La Porte, addressed Council with appreciation for working with the residents on 11 Street and the location of the detention pond. Mr. Landry also requested Council to assist all animal owners with the proposed amended ordinance placing restrictions on the tethering of animals. Craig Harper with Rapid Environmental Services, addressed Council and spoke on behalf of Mr. Booher and in opposition of Item 15, an ordinance authorizing the annexation of an approximately 29 -acre tract of land in the Battleground Industrial District and located within the City of La Porte's extraterritorial jurisdiction. Shelia Daugherty, 601 Valleybrook Dr., addressed Council in opposition to Item 15, an ordinance authorizing the annexation of an approximately 29 -acre tract of land in the Battleground Industrial District and located within the City of La P orte's extraterritorial jurisdiction. Ms. Daugherty also suggested tax dollars be spent within city limits. 6. CONSENT AGENDA — Consent agenda items are considered routine by the City Council and will be enacted by one motion. A Councilmember may remove any item for discussion and /or separate action. (a) Consider approval or other action of the minutes of the City Council meetings held on October 24, 2011, and October 31, 2011 — P. Fogarty (b) Consider approval or other action awarding Bid # 12004 for replacement and additional vehicles — D. Mick (c) Consider approval or other action of a Resolution to appoint a representative and alternate to the Houston - Galveston Area Council Board of Directors and General Assembly — P. Fogarty (d) Consider approval or other action of a Resolution casting the City's ballot for the election of a person to the board of directors of the Harris County Appraisal District — P. Fogarty (e) Consider approval or other action regarding Fair Housing Activity Statement (FHAST) form and integrating the three -item revision for submittal to General Land Office (GLO) — T. Tietjens (f) Consider approval or other action of an ordinance authorizing a contract between the City of La Porte and the Association of Bayport Companies for EMS services — R. Nolen Page 2 of 7 November 14, 2011, City Council Meeting Minutes (g) Consider approval or other action awarding Bid # 12006 f or East Main Street drainage improvements — J. Garza Assistant City Attorney Clark Askins read the caption of Resolution 2011 -13, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS SELECTING A REPRESENTATIVE AND AN ALTERNATE TO THE HOUSTON - GALVESTON AREA COUNCIL 2012 GENERAL ASSEMBLY AND BOARD OF DIRECTORS. Assistant City Attorney Clark Askins read the caption of Resolution 2011 -14, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, CASTING ITS BALLOT FOR THE ELECTION OF A PERSON TO THE BOARD OF DIRECTORS OF THE HARRIS COUNTY APPRAISAL DISTRICT. Assistant City Attorney Clark Askins read the caption of Ordinance 3389, AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND THE ASSOCIATION OF BAYPORT COMPANIES, INC., FOR EMERGENCY MEDICAL SERVICES, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LSW, AND PROVIDING AN EFFECTIVE DATE HEREOF. Councilmember Engelken moved to approve the consent agenda as presented. Councilmember Moser seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Leonard, Clausen, Zemanek, Engelken, Moser, Kaminski and Martin Nays: None Absent: Councilmember Mosteit 7. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES (a) Public Hearing to receive comments regarding condemnation of the substandard building at 1307 E. Main Street (this public hearing is continued from the September 26, 2011, City Council meeting) — D. Wilmore City Council opened t he public hearing at 7:03 p.m. regarding condemnation of the substandard building at 1307 E. Main Street (this public hearing is continued from the September 26, 2011, City Council meeting) — D. Wilmore Chief Building Official Debbie Wilmore presented a summary. There was no public input. Councilmember Moser moved to continue the public hearing to the first meeting in January (January 9, 2012). Councilmember Kaminski seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Leonard, Clausen, Zemanek, Engelken, Moser, Kaminski and Martin Nays: None Absent: Councilmember Mosteit (b) No action taken. (c) Public Hearing to receive public input on Special Conditional Use Permit (SCUP # 11- 91000005) for an off -site parking facility to be located at 111 South 5 th Street for King's BBQ — T. Tietjens Page 3 of 7 November 14, 2011, City Council Meeting Minutes City Council opened the public hearing at 7:05 p.m. regarding a Special Conditional Use Permit (SCUP # 11- 91000005) for an off -site parking facility to be located at 111 South 5th Street for King's BBQ — T. Tietjens Planning Director Tim Tietjens presented a summary. There was no public input. The public hearing closed at 7:09 p.m. Assistant City Attorney Clark Askins read the caption of Ordinance 3390, AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY GRANTING SPECIAL CONDITIONAL PERMIT NO. 11- 91000005 FOR THAT CERTAIN PARCEL OF LAND HERIN DESCRIBED FOR THE PURPOSE OF DEVELOPIN G AN OFF -SITE PARKING LOT AT 111 SOUTH 5 STREET, IN A MAIN STREET DISTRICT (MS) ZONE; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. (d) Consider approval or other action on recommendation of the Planning and Zoning Commission of an ordinance amending Chapter 106 "Zoning" of the Code of Ordinances of the City of La Porte for the purpose of granting a Special Conditional Use Permit, (SCUP # 11- 91000005) for an off -site parking facility to be located at 111 South 5th Street for King's BBQ — T. Tietjens Councilmember Moser moved to approve recommendation of the Planning and Zoni ng Commission of an ordinance amending Chapter 106 "Zoning" of the Code of Ordinances of the City of La Porte for the purpose of granting a Special Conditional Use Permit, (SCUP # 11- 91000005) for an off -site parking facility to be located at 111 South 5th Street for King's BBQ. Councilmember Leonard seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Leonard, Clausen, Zemanek, Engelken, Moser, Kaminski and Martin Nays: None Absent: Councilmember Mosteit 8. AUTHORIZATIONS (a) Consider approval or other action authorizing the Planning Director to execute a pipeline permit to ETC NGL Transport, LLC, for the installation of a 20" NGL pipeline through the City of La Porte — T. Tietjens Planning Director Tim Tietjens presented a summary. Mayor Rigby moved to authorize the Planning Director to execute a pipeline permit to ETC NGL Transport, LLC, for the installation of a 20" NGL pipeline through the City of La Porte. Councilmember Leonard seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Leonard, Clausen, Zemanek, Engelken, Kaminski and Martin Nays: Councilmember Moser Absent: Councilmember Mosteit 9. DISCUSSION OR OTHER ACTION (a) Discussion or other action regarding recommendation of the Chapter 172 Board to adopt changes to City health insurance plan — H. Weger Page 4 of 7 November 14, 2011, City Council Meeting Minutes Human Resource Manager Heather Weger and Lance Pendley, Benefits Consultant with Mc Griff, Seibels, and Williams, provided a summary. Councilmember Zemanek questioned the cost of the PPO 500 plan. Mr. Pendley responded more families and retirees were filing claims in the 500 plan. Councilmember Leonard suggested the Chapter 172 Board consider grandfathering retirees for the PPO 500 plan or other alternatives for new employees. Councilmember Clausen moved to accept the recommendations of the Chapter 172 Board. Councilmember Engelken seconded. MOTION FAILED. Ayes: Mayor Rigby, Councilmembers Clausen, Engelken, and Martin Nays: Councilmembers Moser, Kaminski, Zemanek and Leonard Absent: Councilmember Mosteit (b) Consider approval or other action regarding an ordinance amending Chapter 14 of the Code of Ordinances, by placing restrictions on the tethering of animals — K. Adcox Police Chief Ken Adcox provided a summary. Councilmember Zemanek moved to deny the ordinance amending Chapter 14 of the Code of Ordinances by placing restrictions on the tethering of animals. Councilmember Leonard seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Moser, Kaminski, Zemanek, Clausen, Engelken, Leonard and Martin Nays: None Absent: Councilmember Mosteit (c) Discussion or other action regarding options for a Joint Election Agreement with San Jacinto College and La Porte Independent School District — C. Askins /P. Fogarty City Secretary Patrice Fogarty and Assistant City Attorney Clark Askins provided a summary. Councilmember Leonard questioned how other entities were billed for Joint Elections in previous elections. City Secretary Patrice Fogarty responded the City received a bill and divided the cost with other entities that held elections. Councilmember Clausen questioned if an entity canceled their election if they would be billed for the equipment. City Secretary and City Attorney responded an entity would not be billed if their election was cancelled. Councilmember Zemanek questioned why the City had to finance the equipment and be reimbursed over a six -year period instead of all entities paying at one time. Councilmember Martin moved to accept the six -year payout for capital expenses. Councilmember Clausen seconded. MOTION FAILED. Ayes: Councilmembers Martin, Clausen and Engelken Page 5 of 7 November 14, 2011, City Council Meeting Minutes Nays: Mayor Rigby, Councilmembers Moser, Kaminski, Zemanek and Leonard Absent: Councilmember Mosteit Councilmember Zemanek moved or both entities to payout in a two -year period for capital expenses. Councilmember Leonard seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Moser, Leonard, Kaminski, Zemanek and Engelken Nays: Councilmembers Martin and Clausen Absent: Councilmember Mosteit 10. STAFF REPORTS (a) Receive report on the Municipal Court Juvenile Program — D. Mitrano This item will be on the December 12, 2011, agenda. (b) Receive Drainage Report — J. Garza City Engineer Julian Garza provided a Drainage Report. 11. ADMINISTRATIVE REPORTS (a) Thanksgiving Holidays —Thursday, November 24, 2011, and Friday, November 25, 2011 (b) City Employee Christmas & Service Awards Banquet — Friday, December 9, 2011 (c) City Council Meeting — Monday, December 12, 2011 Interim City Manager Steve Gillett advised staff to have the election agreement to La P orte Independent School District for their December 13, 2011, board meeting and on t he January 9, 2012, City Council meeting agenda. 12. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upc oming events; inquiry of staff regarding specific factual information or existing policies — Councilmembers Moser, Kaminski, Zemanek, Leonard, Engelken, Mosteit, Clausen, Martin, and Mayor Rigby. Councilmember Moser thanked Councilmembers for attending the Annual Harvest Banquet and Planning Director Tim Tietjens for facilitating the kick -off meeting on t he Northside Plan; Councilmember Kaminski commented the Annual Harvest Banquet was well attended and thanked the Citizens Police Academy for their volunteer work in the community; Councilmember Zemanek wished everyone as afe and happy Thanksgiving; Councilmember Leonard thanked the Citizens Police Academy, commented on how much he enjoyed the Annual Harvest Banquet, congratulated Jerome McKown and wished everyone a happy Thanksgiving; Councilmember Engelken congratulated Jerome McKown, commented on the re- opening of the Brookglen Recreation Center and requested staff to research the new law requiring Homeowners Associations to post meetings seventy -two hours in advance to make sure it does not conflict with the sign ordinance and wished everyone a happy Thanksgiving ; Councilmember Clausen congratulated Jerome McKown thanked the Citizens Police Academy and congratulated the La Porte Bulldogs for going to the play -offs; Mayor Rigby commented on his attendance of the Veterans Day Ceremony and "Story Day" at the Senior Center, and requested staff to provide City Council the total amount allocated for civil services employees regarding the $1000.00 employee stipend. Page 6 of 7 November 14, 2011, City Council Meeting Minutes 13. EXECUTIVE SESSION The City Council reserves the right to meet in closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code, including, but not limited to, the following: Texas Government Code, Section 551.072 — Deliberation regarding Real Property — City of La Porte - Flanagan Shipping lease agreement; property located at 918 N. Broadway. Texas Government Code, Section 551.072 — Deliberation regarding Real Property — Potential lease agreement on airport property. Texas Government Code, Section 551.071(1) — Consultation with Attorney regarding pending or contemplated litigation /settlement offer: Update regarding annexation of an approximately 29 -acre tract of land in the Battleground Industrial District. City Council recessed the regular meeting to convene an executive session at 8:12 p.m 14. RECONVENE into regular session and consider action, if any, on items discussed in executive session. The regular meeting reconvened at 9:07 p.m. Regarding the first item, Council gave direction to staff to let the Flanagan and Rail Spur Agreement expire on December 31S and to sell the entire parcel of property. Regarding the second item, Council gave direction to staff to move forward with appraisal of the airport property and leasing plans. 15. Consider approval or other action regarding an ordinance authorizing the annexation of an approximately 29 -acre tract of land in the Battleground Industrial District and located within the City of La Porte's extraterritorial jurisdiction — T. Tietjens Planning Director Tim Tietjens presented a summary. Councilmember Engelken moved to continue with the processes and an i mmediate date of annexation. Councilmember Clausen seconded. MOTION FAILED. Ayes: Mayor Rigby, Councilmembers Engelken, Clausen and Martin Nays: Councilmembers Leonard, Zemanek, Moser and Kaminski Absent: Councilmember Mosteit 16. ADJOURN There being no further business, at 9:10 p.m. Councilmember Engelken moved to adjourn the meeting. Respectfully submitted, Patrice Fogarty, City Secretary Passed and approved on the 12 of December, 2011. Mayor Louis R. Rigby Page 7 of 7 November 14, 2011, City Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: December 12, 2011 Requested By: D Mi Department: Public Works Report: X Resolution: Ordinance Exhibits: Bid Tabulation Base Bid Items Exhibits: Unit Prices Bid _ Optional Bid Items Bidder's List Exhibits Appropriation Source of Funds: Utility Fund Account Number: 018 -9881- 669 -5120 Amount Budgeted: 5210,000.00 Amount Requested: 5176,037.50 Budgeted Item: Yes SUMMARY & RECOMMENDATION At the January 10, 2011 meeting, City Council formally adopted a 10 -year schedule of sewer system improvements as part of the City's agreement with the Texas Commission on Environmental Quality (TCEQ). The purpose of the City's agreement with TCEQ is to reduce the potential for sanitary sewer system overflows that might occur during heavy rainfall events and /or long power outages. The agreement is a continuation of the City's successful efforts over the last 20( +) -years that have resulted in a significant reduction in the frequency of sewer overflows. The City's sewer rehabilitation schedule includes - in part - sliplining at least 3,000 -feet of sewer each year along with an additional quantity to be determined with the city's annual sewer smoke testing and television inspection programs. The bidding contractors were asked to provide a unit price for the bid base bid items identified on the attached spreadsheet along with "optional" bid items that could be utilized throughout the year as- needed. Advertised, sealed bids 912002 — Rehabilitation of Sanitary Sewer using Sliplining, Pipe Bursting and Removal and Replace Techniques were opened and read November 1, 2 011. Bid requests were advertised in the Houston Chronicle, posted on the City of La Porte website site and mailed out to six (6) plan rooms and thirty-five (3 5) vendors with four (4) returning bids. North Houston Pole Line, LP provided the lowest bid for the base bid items. And when compared to the second -low bidder, North Houston Pole Line also provided the lowest or equal unit bid for approximately 80% of the "optional" bid items. The optional bid items included with this contract will provide a starting point for the Public Works Department's determination of the most economical repair method and evaluation of this particular contractor as an option to perform the work when a repair need is identified during the City's annual television inspection and smoke testing programs. Other Considerations: This proposed contract is just one component of the City's annual program. The total FY 11 -12 sanitary sewer rehabilitation budget is $345,000.00. North Houston Pole Line successfully completed a very similar project for the City in 2009. Project Benefits, Liabilities, and Operating Cost: Benefits: • Compliance with the city's 2011 commitment to TCEQ. • Reduced wastewater treatment costs associated with a reduction in inflow and infiltration to the sewer system. • Reduced potential for overflows and surcharges in the sanitary sewer system. Liabilities: • Non - Compliance with existing TCEQ agreement. • Deferring maintenance costs and activities to future years. • Begin trend toward reversing City's progress over the last 20 -years with reducing sanitary sewer overflows and surcharges. The cost of this is difficult to quantify. Operating Costs: • None Staff Recommendation: Staff recommends awarding the contract for Rehabilitation of Sanitary Sewer Using Sliplining, Pipe Bursting and Remove and Replace Techniques to North Houston Pole Line, LP in the amount of $176,037.50 including the base bid amount plus a $25,000.00 contingency. Action Required by Council: Consider approval or other action to authorize the Interim City Manager to execute an annual contract for Rehabilitation of Sanitary Sewer Using Sliplining, Pipe Bursting and Remove and Replace Techniques with North Houston Pole Line, LP in the amount of $151,037.50 plus an additional $25,000.00 for contingency for a total contract amount equal to $176,037.50. Approved for City Council Agenda Steve Gillett, Interim City Manager Date BID TABULATION SEALED BID #92002 - REHABILITATION OF SANITARY SEWER USING SLIPLINING, PIPE BURSTING AND REMOVE AND REPLACE TECHNIQUES NORTH HORSESHO T CONSTR PM CONSTR DESCRIPTION UNIT QTY. HOUSTON E CONSTR LLC &REHAB POLE LINE INC Base Bid Items: 1. Reconnection of Service Line 0' to 10' Deep EA 115 $300.00 $350.00 $420.00 $400.00 2. Sliplining 6" Diameter, 0' to 10' Deep LF 2000 $19.00 $18.00 $20.00 $25.00 3. Sliplining 8" Diameter, U to 10' Deep LF 3500 $21.00 $20.00 $22.00 $27.00 4. Obstruction Removal, 0' to 10' Deep EA 6 $300.00 $100.00 $300.00 $325.00 5. Trench Safety System, 0' to 10' Deep LF 1150 $1.25 $1.00 $1.00 $1.00 6. Install End of Line Cleanout w /Plug & Shoe EA 6 $300.00 $1,850.00 $600.00 $850.00 Base Bid Total $151,037.50 $159,100.00 $171,850.00 $198,700.00 Amount Variance from Apparent Low Base Bid $0.00 ($8,062.50) ($20,812.50) ($47,662.50) Percent Variance from Apparent Low Base Bid 0.0% -5.3% -13.8% -31.6% Alternate Bid Item for Items #2 and #3 7. Pipe Burst 6" & 8" Diameter, 0' to 10' Deep LF 5500 - Alternate Bid Not Selected NORTH HORSESHOE TCONSTR PIVICONSTR DESCRIPTION UNIT QTY. HOUSTON CONSTR INC LLC & REHAB POLE LINE Optional Bid Items (Page 1/2): $ Lowest Unit Bid - Comparing Only Low and Second Low Base Bid Contractors 8. Reconnection of Service Line by Excavation EA N/A $650.00 $600.00 $700.00 $750.00 10' to 15' Deep 9. Reconnection of Service Line by Excavation EA N/A $850.00 $900.00 $900.00 $1,000,00 Over 15' Deep 10, Slipling 6" Diameter, 10 tol 5'Deep LF N/A $24.00 $27.00 $24.00 $24.00 1 1. Slipling 6" Diameter, Over 15' Deep LF N/A $23.00 $30,00 $2&00 $28.00 12. Slipling 8" Diameter, 10 to15'Deep LF N/A $24.00 $32.00 $25,00 $24.00 13, Slipling 8" Diameter, Over 15' Deep LF N/A $26.00 $33.00 $27.00 $30.00 14. Slipling 10" Diameter, 0' to 10' Deep LF N/A $24,00 $25,00 $23,00 $36.00 15. Slipling 10" Diameter, 10 tol 5' Deep LF N/A $26.00 $30.00 $26.00 $38.00 16. Slipling 10" Diameter, Over 15' Deep LF N/A $28.00 $35.00 $28.00 $44.00 17. Slipling 12" Diameter, 0" to 10' Deep LF NIA $27.00 $30.00 $25.00 $42.00 18. Slipling 12" Diameter, 10 to15' Deep LF NIA $29.00 $33.00 $27.00 $44.00 19. Slipling 12" Diameter, Over 15' Deep LF N/A $31.00 $38.00 $29.00 $48.00 20. Slipling 15" Diameter, 0" to 10' Deep LF NIA $32.00 $35.00 $30,00 $50.00 21. Slipling 15" Diameter, 10 to 15' Deep LF N/A $33-00 $39.00 $33.00 $56.00 22. Slipling 15" Diameter, Over 15' Deep LF N/A $34.00 $45.00 $35.00 $M00 23. Obstruction Removal, 10 to15' Deep EA N/A $500.00 $500.00 $500,00 $600.00 24. Obstruction Removal, Over 15' Deep EA N/A $600.00 $650.00 $700.00 $1,000.00 25. Manhole Ring & Cover Replacement EA N/A $450.00 $650.00 $750.00 $650.00 26, Install Now Manhole VF N/A $276.00 $300.00 $250.00 $2,950.00 27. Point Repair 6" to 10" Sewers, Up to 8' Deep,8' Long EA N/A $1,500.00 $2,000.00 $2,200.00 $1,600.00 28. Extra Length for Point Repair 6" to 10", 8' Deep LF N/A $25.00 $60,00 $50.00 $25.00 29. Point Repair 6" to 10" Sewers, 12' in length EA N/A $2,600.00 $3,500.00 $2,800.00 $2,600.00 30. Extra Length for Point Repair 6" to 10", 8' to 15' Deep LF N/A $35,00 $80,00 $60.00 $50.00 31. Point Repair 6" to 10" Sewers, Over 15' Deep, 12' Long EA N/A $3,000.00 $4,500.00 $3,200,00 $4,200.00 32. Extra Length for Point Repair 6" to 10", Over 15' Deep LF NIA $45.00 $120.00 $70.00 $100.00 33. Point Repair 12" to 18" Sewers, Up to 8' Deep, 8' Long EA N/A $2,500.00 $4,000.00 $2,900.00 $3,600,00 34. Extra Length for Point Repair 12" to 18", Up to 8' Deep LF N/A $55.00 $120,00 $80.00 $75.00 35, Point Repair 12" to 18" Sewers, Up to 8'-15' Deep, 12' Lng EA N/A $3,500.00 $4,700.00 $3,500,00 $5,100.00 36. Extra Length for Point Repair 6" to 10", 8' -15` Deep LF N/A $55.00 $150.00 $100,00 $125.00 37. Point Repair 12" to 18" Sewers, Up to 8'x 8' EA N/A $4,000.00 $7,800.00 34,200,00 $7,700.00 38. Extra Length for Point Repair 12" to 18", Over 15' Deep LF NIA $65.00 $160.00 $125.00 $210.00 39, Remove & Replace 8" Sewer 0' to 10' Deep LF NIA $30.00 $60.00 $50.00 $65.00 40. Remove & Replace 8" Sewer 10" to 15' Deep LF N/A $35.00 $85.00 $55.00 $70.00 41. Remove & Replace 8" Sewer Over 15' Deep LF N/A $45.00 $120.00 $60.00 $88.00 42 Remove & Replace 10" Sewer 0' to 10' Deep LF N/A $32.00 $65.00 $55.00 $68.00 43. Remove & Replace 10" Sewer 10' to 15' Deep LF N/A $37.00 $90.00 $60.00 $77.00 44. Remove & Replace 10" Sewer Over 15' Deep LF N/A $47.00 $125.00 $65.00 $90.00 45, Remove & Replace 12" Sewer 0' to 10' Deep LF N/A $34.00 $75.00 $60,00 $74.00 46, Remove & Replace 12" Sewer 10' to 15° Deep LF N/A $39X0 $120.00 $65.00 $82.00 47. Remove & Replace 12" Sewer Over 15' Deep LF N/A $52.00 $150.00 $70.00 $100.00 48, Remove & Replace 15" Sewer Uto 10' Deep LF NIA $38.00 $120.00 $75,00 $86.00 49. Remove & Replace 15" Sewer 10' to 15' Deep LF N/A $55.00 $155.00 $80.00 $104.00 50. Remove & Replace 15" Sewer Over 15' Deep LF N/A $60,00 $165.00 $85.00 $114,00 51. Remove & Replace 18" Sewer 0' to 10' Deep LF N/A $55.00 $130,00 $80.00 $137.00 52. Remove & Replace 18" Sewer 10` to 15' Deep LF NIA $65.00 $155.00 $85.00 $162.00 53. Remove & Replace 18" Sewer Over 15' Deep LF N/A $75,00 $180.00 $90.00 $242.00 54. Remove & Replace 24" Sewer 0' to 10' Deep LF N/A $85.00 $135.00 $100.00 $185,00 [22, Remove & Replace 24" Sewer 1 0' to 15' Deep I LF-1- N/A L--00,0-0-L $150.00� $110.00 $290.00 DESCRIPTION UNIT I QTY. I HOUSTON ICONSTRHNCI T CO C & REHAB TR I PR I Optional Bid Items (Page 212): 56. Remove & Replace 24" Sewer Over 15' Deep LF N/A $100.00 $185.00 $120.00 $400.00 57. Remove & Replace 30" Sewer Y to 10' Deep LF N/A $90,00 $140.00 $110.00 $280.00 58. Remove & Replace 30" Sewer 10 to 15' Deep LF N/A $110.00 $165.00 $120.00 $425.00 59. Remove & Replace 30" Sewer Over 15' Deep LF NIA $120.00 $190.00 $125.00' $686.06 60. Remove & Replace 36" Sewer 0' to 10' Deep LF N/A $125.00- $150.00 $130,00 $550.00 61. Remove & Replace 36" Sewer 10' to 15' Deep LF NIA $150.00 $175.00 $140.00 $700.00 62. Remove & Replace 36" Sewer Over 15' Deep LF NIA $176.00 $200.00 $150.00 $1.000.00 63. Well Painting for Rehabilitation, Up to 10' Deep LF N/A $50.00 $15.00 $25.00 $350.00 64. Well Pointing for Rehabilitation, 10' to 15' Deep LF NIA $75.00 $20.00 $30.00 $450.00 65. Well Pointing for Rehabilitation, Over 15' Deep LF N/A $100,.00 $25.00 $35.00 $700.00 66. Remove all Types of Street Pavement and Base Courses SY NIA $15.00 $60.00 $20.00 $15.00 67. Sawed Joint, Concrete /Asphalt Pavements LF N/A $5.00 $3.00 $8,00 $5.00 68. Removal & Replacement of 4- 112" Concrete Sidewalk SF N/A $65.00 $12.00 $8.00 $65.00 69. Removal & Replacement of 4 -112" Concrete Sidewalk SY NIA $65.00 $610.00' $10.00 $65.00 70. Removal & Replacement of 6" Concrete Pavement & Reinf SY N/A $85.00 $80.00 $72.00 $85.00 71. Removal & Replacement of Concrete Curb LF NIA $18.00 $25.00 $16.00 $25.00 72. Replacement of Base Mat'I and 1112" HMAC incl Tack Coat SY N/A $60,00 $40.00 $x0.00 $45.00 73. Trench Safety System 10' to 15" Deep LF NIA $5.00 $2.00 $1.00 $15.00 74. Trench Safety System Over 15` Deep LF N/A $5.00 $3.00 $2.00 $30.00 75. Extra Cement Stabilized Sand CY N/A $33.00 $20.00 $30.00 $35.00 7& Extra Depth for New Manhole VF NIA $150.00 $300.00 $150.00 $200.00 77. Bypass for each 3" Pump HR NIA $20.00 $50.00 $30.00 $50.00 78. Bypass for each 4" Pump HR N/A $35.00' $75.00 $40.00 $50.00 79. Bypass for each 6" Pump HR NIA $45,00 $100.00 $50.00 $50.00 80. Bypass for each 8" Pump HR NIA $66.00 $150.00 $60.00 $50.00 81. Setup for a 3" Bypass Pump EA N/A $300,00 $300.00' $500.00 $1.400.00 82. Setup for a 4" Bypass Pump EA N/A. $400.00 $600.00 $600.00 $2,000.00 83. Setup for a 6` Bypass Pump EA N/A $$00.00 $800.00 $700.00 $4,000.00 84. Setup for a 8" Bypass Pump EA N/A $600.00 $1 „000.00 $800.00 $x.000.00 85. Pipe Burst 6" & 8" diameter, 10' to 15' Deep LF N/A $37.00' $37.00 $30.00 $38.00' 86. Pipe Burst 6" & 8" diameter, Over 15' Deep LF N/A $39.00 $39.40 $34.00 $44.00 87. Pipe Burst 10" diameter, 0' to 10' Deep LF N/A $42.00 $33,00 $35.00 $42.00 88. Pipe Burst 10" diameter, 10' to 15' Deep LF NIA $45.00 - $35.00 $40.60 $46.00 89. Pipe Burst 10" diameter, Over 15' Deep LF N/A $47.00 $40.00 $44.00 $54.00 90, Pipe Burst 12" diameter, 0' to 10' Deep LF N/A $52.00 $38.00 $54.00 $60.00 91. Pipe Burst 12" diameter,. 10' to 15" Deep LF N/A $55.00 ' $48.00 $54.00 $66.66 92. Pipe Burst 12" diameter, Over 15' Deep LF N/A $69.00 $60.00 $54.00 $76.00 BIDDER'S LIST SEALED BID # 12002 — REHABILITATION OF SANITARY SEWER USING SLIPLING, PIPE BURSTING AND REMOVE AND REPLACE TECHNIQUES ADS Environmental Services 10450 Stancliff Road, Suite 115 Houston, Texas 77099 ALLCO PO Box 3684 Beaumont, TX Insituform Tech (formally Kinsel Ind) 8121 Broadway Suite 300 Houston, Texas 77087 Jimerson Underground PO Box 1399 77704 Stafford, TX 77497 Angel Brothers Enterprises, Ltd PO Box 570 Baytown, TX 77522 -0570 BHR- Garver Construction, Ltd 7600 Sante Fe Dr Bldg Al Houston, TX 77061 Cravens Partners, Ltd 11603 Windfern Suite C Houston, TX 77064 D & W Contactors, Inc Po Box 1075 Channelview, TX 77530 D.L. Elliott Enterprises 13405 Southwest Frwy Suite 210 Sugarland, TX 77478 Deep South Construction, Inc PO Box 2103 Alvin, TX 77512 -2103 Durwood Greene Construction Co, Inc PO Box 1338 Stafford, TX 77477 Gajeske, Inc 2929 Antoine Dr Houston, TX 77092 Horseshoe Construction 2309 S. Battleground Road La Porte, Texas 77571 Huff & Mitchell, Inc 16410 Huffineister Cypress, TX 77429 Lopez Utilities Contractor LLC 715 Minnesota Houston, TX 77587 MCB Concrete 677 County Rd 979 Royse City, TX 75189 MJ Sheridan of Texas 9015 Sweetbrush Houston, TX 77064 Mar -Con Services PO Box 837 Deer Park, Tx 77536 Mikels Construction 9353 Friendly Rd Houston, TX 77093 North Houston Pole Line, LP 850 Aldine Mail Rt Houston, TX 77037 PM Construction 131 N. Richey Pasadena, Texas 77506 Portland Utilities Construction Comp. 13001 Elaine Rd Houston, TX 77047 Proline Services PO Box 6853 Kingwood, TX 77325 R.L. Utilities P.O. Box 1154 La Porte, Texas 77571 Reliance Construction 4302 Almeda Genoa Houston, Texas 77048 Reynolds In liner 4701 Decker Drive Baytown, Texas 77520 SER Construction 3636 Pasadena Blvd Pasadena, TX 77503 Slack & Co 2990 Holmes Rd Houston, TX 77051 Spiniello Companies 354 Eisenhower blvd Livingston, NJ 07039 Standard Cement Materials Inc 5710 W 34 Street A Houston, TX 77092 T Construction LLC 2605 McNair St Houston, TX 77015 T Gray Utility & Rehab Co. PO Box 924125 Houston, TX 77292 Texas Sterling Construction 20810 Fernbush Ln. Houston, TX 77073 Texcor Construction Services 2500 W Main Suite G3 League City, TX 77573 Triple B Services, LLP 820 Old Atascocita Rd Huffman, TX 77336 PLAN ROOMS AGC of Texas 2400 Augusta Dr, Suite #305 Houston, TX 77057 Bid Clerk 28 N Clark St Chicago, IL 60602 Bid Ocean PO Box 40445 Grand Junction, CO 81504 CDC /Bidtool One Oakbrook Terrace #500 Oak Brook Terrace, IL 60181 Dob's Data PO Box 55546 Houston, TX 77255 ISQft and Houston AGC 3825 Dacoma St Houston, TX 77092 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested December 12, 2011 Requested By Heather Weger Department: Human Resources Report Resolution: Ordinance: Exhibits: Consultant Recommendation Exhibits: Exhibits: Appropriation Source of Funds: Reinsurance Premiums Account Number: 01461445156012 Amount Budgeted: '375,000 Amount Requested: 5345,153 Budgeted Item: 0 NO SUMMARY & RECOMMENDATION On November 4, 2011, a Request for Proposal for Stop Loss quotes was sent to 11 different Stop Loss carriers. Of the 11 carriers, 2 submitted proposals, 2 indicated they do not participate in sealed bids, 4 declined to quote due to non - competitive rates and 3 did not respond at all. The two quotes for the current plan design resulted in a 14.7% premium increase and an increased maximum claims liability for the aggregate stop loss of 37.2 %. These increases are a reflection of the claims experience during the past 12 months. To offset the increase in the Stop Loss premiums, the City has the option to increase the individual stop loss deductible from $145,000 to $165,000. This would impact the health fund if an individual employee's claims reached this amount and would have no impact to individual employees. Currently, the City's Stop Loss coverage takes effect when an individual employee's annual claims reach $145,000. By increasing the individual Stop Loss deductible to $165,000, the City's Health Fund would absorb the additional $20,000 before the Stop loss would take effect. Based on the analysis of the City's claim history within the last 3 years, the consultant does not believe the additional claims exposure will offset the estimated $58,052 savings in the premiums. Our current vendor, ING submitted the most competitive proposal for this option. Action Required by Council: Consider approval or other action to renew the City's Stop Loss Coverage with ING at an annual premium of $345,153. Approved for City Council Agenda Steve Gillett, Interim City Manager Date Carrier List Aetna Did Not Respond A Chartis Declined to Quote - Terms Uncompetitive A HCC Declined to Quote - Terms Uncompetitive A+ Highmark Declined to Quote - Terms Uncompetitive A Humana Did Not Respond A- ING (current) Quoted - Terms Attached A Munich Re Did Not Respond A+ Optum (UHC) Declined to Quote - Terms Uncompetitive A Sun Life Declined to Quote - Does Not Participate in Sealed Bids A+ Symetra Quoted - Terms Attached A Zurich Declined to Quote - Does Not Participate in Sealed Bids A+ Stop Loss Quotes ISL Ded $145,000 $145,000 $145,000 $165,000 $165,000 $145,000 $145,000 $165,000 $165,000 Agg Ded None None None None None $125,000 $125,000 $115,000 $105,000 Contract 24/12 24/12 24/12 24/12 24/12 24/12 24/12 24/12 24/12 Max Liability Unlimited Unlimited Unlimited Unlimited Unlimited Unlimited Unlimited Unlimited Unlimited Ind Rate $33.93 $37.37 $45.86 $31.62 $39.37 $27.55 $31.69 $23.37 $27.62 Fam Rate $87.47 $102.04 $103.99 $86.33 $90.73 $75.23 $71.85 $63.81 $63.64 Est. Tot Spec Prem $332,180 $383,716 $404,392 $324,645 $351,725 $282,896 $279,414 $239,956 $246,716 Est. Spec. Ann Prem. Increase $51,536 $72,213 ($7,544) $19,545 ($49,'484 92,2241 ($85,464) % Increase 15.5% 21.7% -2.3% 5.9% -14.8% -15.9% -27.8% -25.7% Ann. Max. $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 Run -in Limit $930,100 $939,100 $930,100 $939,100 Agg Rate $4.02 $4.02 $4.19 $4.23 $4.56 $4.02 $4.19 $4.23 $4.56 Est. Tot. Agg Premium $19,489 $19,489 $20,313 $20,507 $22,107 $19,489 $20,313 $20,507 $22,107 Est. Annual Agg Prem Increase $0 $824 $1,018 $2,618 $0 $824 $1,018 $2,618 % Increase 0.0% 4.2% 5.2% 13.49/o 0.0% 4.2% 5.2% 13.49/o Atttachment Point $842.74 $1,155.94 $1,128.59 $1,167.68 $1,139.45 $1,155.94 $1,128.59 $1,167.68 $1,139.45 % Increase in Attachment Point 37.2% 33.9% 38.6% 35.2% 37.2% 33.9% 38.6% 35.2% Estimated Total S /LAnn $351,669 $403,205 $424,706 $345,153 $373,832 $302,385 $299,727 $260,463 $268,823 Premium Est. Total Ann. Premium $51,536 $73,037 ($6 $22,163 ($4% 284) ($51,942) ($9 1, 206) ($82,849) Increase %Change 14.7% 20.8% -1.9% 6.3% -14.0% -14.8% -25.9% -23.6% Est. Total Claims $3,268,483 $4,483,198 $4,377,123 $4,528,730 $4,419,243 $4,483,198 $4,377,123 $4,528,730 $4,419,243 Est. Total Claims Liability $4,085,604 1 $5,603,997 $5,471,404 $5,660,913 $5,524,054 $5,603,997 $5,471,404 $5,660,913 $5,524,054 Est. Increased Claims Liability 1 $1,518,394 $1,385,801 $1,575,309 $1,438,450 $1,518,394 $1,385,801 $1,575,309 $1,438,450 Enrol l me nt Ass um pt ions Single: 143 Family: 261 Conclusion • Regardless of the ISL deductible chosen, the City faces an increase in maximum claims exposure by at least $1,385,801. • The City's large claims history has been fairly constant in terms of the number of large claimants, so purchasing decisions based on the Individual Stop Loss Deductible should be fairly reliable. • The total amount of claims paid for large claimants has been quite erratic, so adding an aggregating specific deductible has a much higher potential of erasing any premium savings through adverse claims experience. s 11 go Conclusion McGriff, Seibels and Williams recommends renewing with ING under Option 2 based on the following: 1) Premiums would be $58,052 less than renewing with the current option 2) The City has not had adverse experience dealing with ING 3) Large Claim history for the past 3 years indicates the City's premium savings would not have been offset by additional claims exposure REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: December 12, 2011 Requested By: Tim Tietiens Department: Planning Report: Resolution: Ordinance: X Exhibits: • Ordinance: IDA • Industrial District Agreement • Ordinance: WSA & SSSA • Water Service Agreement (WSA) • San. Sewer Service Agreement (SSSA) • Area Map Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: _YES X NO SUMMARY & RECOMMENDATION Bayport Associates I, LLC, has approached the City for water and sanitary sewer service to its proposed site at 4210 Malone Drive in Bayport North Industrial Park 11, located in the Bayport Industrial District (see Area Map). Total Safety, will occupy the facility, which will maintain 60 full -time employees. Council has approved a policy to provide water and sanitary sewer service to companies located outside the city limits and within the City's industrial districts (ETJ). These companies are required by the policy to execute and maintain a current Industrial District Agreement (IDA) with the City. Bayport Associates I, LLC, desires to obtain water and sanitary sewer service from the City under the terms of this policy. As part of this request, the company has executed a new IDA for its property (2007 -IDA -127), which has been divided from a larger parent tract under an existing IDA. Based on the company's stated demand for domestic uses, the average daily volume for potable water and sanitary sewer is 3,000 gallons per day. Under the terms of the policy, the applicant will pay one and one -half (1 -1/2) times the City's current utility rate for service. Additionally, Bayport Associates I, LLC is subject to a one -time administrative fee of $6,000 for each of its service agreements. The company has made payment to the City in the amount of $12,000 for both agreements. The terms of the company's Industrial District Agreement, Water Service Agreement and Sanitary Sewer Service Agreement will expire on December 31, 2019, plus any renewals and extensions thereof. However, the Water Service & Sanitary Sewer Service Agreements shall automatically expire at such time as there is no effective Industrial District Agreement between the parties or, if the City exercises its right of termination. Action Required by Council: Approve an ordinance authorizing the Interim City Manager to enter into an Industrial District Agreement, a Water Service Agreement, and a Sanitary Sewer Service Agreement with Bayport Associates I, LLC. Approved for City Council Agenda Steve Gillett, Interim City Manager Date r� t ORDINANCE NO. 2007 -IDA -127 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH BAYPORT ASSOCIATES I, LLC, A TEXAS LIMITED LIABLITY COMPANY (4210 MALONE DRIVE) FOR THE TERM COMMENCING JANUARY 1, 2008, AND ENDING DECEMBER 31, 2019, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEROF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1 . Bayport Associates I, LLC; a Texas Limited Liability Company (4210 Malone Drive) has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 2008, and ending December 31, 2019, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the City Manager, the City Secretary, and the City attorney of the City of La Porte, be and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof. Section 3, 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 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. 1 PASSED and APPROVED, this day of , CITY OF LA PORTE Louis R. Rigby, Mayor ATTEST: Patrice Fogarty, City Secretary APPROVED: a Knox Askins, City Attorney NO. 2007- IDA -Aa STATE OF TEXAS COUNTY OF HARRIS INDUSTRIAL DISTRICT AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY ", and Bayp ort Associates I, LLC , a Texas limited liability cca rpany, hereinafter called "COMPANY ", W I T N E S S E T H: WHEREAS, it is the established policy of the City Council of the City of La Porte, Texas, to adopt such reasonable measures from time to time as are permitted by law and which will tend to enhance the economic stability and growth of the City and its environs by attracting the location of new and the expansion of existing industries therein, and such policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the City and its citizens; and WHEREAS, pursuant to its policy, City has enacted Ordinance No. 729, designating portions of the area located in its extraterritorial jurisdiction as the "Battleground Industrial District of La Porte, Texas ", and Ordinance No. 842A, designating portions of the area located in its extraterritorial jurisdiction as the "Bayport .Industrial District of La Porte, Texas ", hereinafter collectively called "District ", such Ordinances being in compliance with the Municipal Annexation Act of Texas, codified as Section 42.044, Texas Local Government Code; and WHEREAS, Company is the owner of land within a designated Industrial District of the City of La Porte, said land being legally described on the attached Exhibit " (hereinafter "Land "); and said Land being more particularly shown on a plat attached as Exhibit "B ", which plat describes the ownership boundary lines, a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La. Porte; and WHEREAS, City desires to encourage the expansion and growth of industrial plants within said Districts and for such purpose desires to enter into this Agreement with Company pursuant to Ordinance adopted by the City Council of said City and recorded in the official minutes of said City: FINAL DRAFT: November 1, 2007 I NOW, THEREFORE, in consideration of the premises and the mutual agreements of, the parties contained herein and pursuant to the authority granted under the Municipal Annexation Act and the Ordinances of City referred to above, City and Company hereby agree with each other as follows: I. City covenants, agrees and guarantees that during the term of this Agreement, provided below, and subject to the terms and provisions of this Agreement, said District shall continue to retain its extraterritorial status as an industrial district, at least to the extent that the same covers the Land belonging to company and its assigns, unless and until the status of said Land, or a portion or portions thereof, as an industrial district may be changed pursuant to the terms of this Agreement. Subject to the foregoing and to the later provisions of this Agreement, City does further covenant, agree and guarantee that such industrial district, to the extent that it covers said Land lying within said District and not now within the corporate limits of City, shall be immune from annexation by City during the term hereof (except as hereinafter provided) and shall have no right to have extended to it any services by City, and that all Land, including that which has been heretofore annexed, shall not have extended to it by ordinance any rules and regulations (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumbing or inspection code or codes, or (c) attempting to exercise in any manner whatever control over the conduct of business thereon; provided, however, any portion of Land constituting a strip of land 100' wide and contiguous to either Fairmont Parkway, State Highway 225, or State Highway 146, shall be subject to the rules and regulations attached hereto as Exhibit "C" and made a part hereof; and provided, however, it is agreed that City shall have the right to institute or intervene in any administrative and /or judicial proceeding authorized by the Texas Water Code, the Texas Clean Air Act, the Texas Health & Safety Code, or other federal or state environmental, laws, rules or regulations, to the same extent and to the same intent and effect as if all Land covered by this Agreement were not subject to the Agreement. 11. In the event that any portion of the Land has heretofore been annexed by City, Company agrees to render and pay full City ad valorem taxes on such annexed Land and improvements, and tangible personal property. Under the terms of the Texas Property Tax Code (S.B. 621, Acts of the 65th Texas Legislature, Regular Session, 1979, as amended) , the appraised value for tax purposes of the annexed portion of Land, improvements, and tangible personal property shall be determined by the Harris County Appraisal District. The parties hereto recognize that said Appraisal District has no authority to appraise the Land, improvements, and tangible personal property in the unannexed area for the purpose of computing the "in lieu" 2 payments hereunder. Therefore, the parties agree that the appraisal of the Land, improvements, and tangible personal property in the unannexed area shall be conducted by City, at City's expense, by an independent appraiser of City's selection. The parties recognize that in making such appraisal for "in lieu" payment purposes, such appraiser must of necessity appraise the entire (annexed and unannexed) Land, improvements, and tangible personal property. Nothing herein contained shall ever be interpreted as lessening the authority of the Harris County Appraisal. District to establish the appraised value of Land, improvements, and tangible personal property in the annexed portion, for ad valorem tax purposes. 1zz. A. The properties upon which the "in lieu of" taxes are assessed are more fully described in subsections 1, 2, and.3 of subsection C, of this Paragraph ITT (sometimes collectively called the "Property "); provided, however, pollution control equipment installed on the Land which is exempt from ad valorem taxation pursuant to the provisions of Sec. 11.31 of the Texas Property Tax Code is exempt from ad valorem taxation and "in lieu of taxes" hereunder. Property included in this Agreement shall not be entitled to an agricultural use exemption for purposes of computing in lieu of taxes" hereunder. B. On or before the later of December 31, 2008, or 30 days from mailing of tax bill and in like manner on or before each December 31st thereafter, through and including December 31, 2019, Company shall pay to City an amount of "in lieu of taxes" on Company's Property as of January 1st of the current calendar year ( "Value Year "). C. Company and City agree that the following percentages (`Percentage Amount ") shall apply during each of the Value Years: Value Year 2008: 620 Value Year 2009: 62t Value Year 2010: 62e Value Year 2011: 62% Value Year 2012: 62�; Value Year 2013: 62e Value Year 2014: 63e Value Year 2015: 63 Value Year 2016: 63e Value Year 2017: 63e Value Year 2018: 63e Value Year 2019: 63e Company agrees to pay to City an amount of "in lieu of taxes" on Company's land, improvements and tangible personal property in the unannexed area equal to the sum of. 3 1. Percentage Amount of the amount of ad valorem taxes which would be payable to City if all of the Company's Land and improvements which existed on January 1, 2008, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, (excluding amounts which would be so payable with respect to any Substantial Increase in value of such Land and improvements to which subparagraph 2, below applies), had been within the corporate limits of City and appraised each year by City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code; and 2. (a) On any Substantial. Increase in value of the Land, improvements, and tangible personal. property (excluding inventory) dedicated to new construction, in excess of the appraised value of same on January- 1, 2007, resulting from new construction (exclusive of construction in progress, which shall be exempt from taxation), for each Value Year -s following completion of construction in progress, an amount equal to Twenty -five percent (25U, if construction is completed in Value years 2008 through 2013; and Twenty percent (20 1 1), if construction is completed in Value years 2014 through 2019, of the amount of ad valorem takes which would be payable to City if all of said new construction had been within the corporate limits of City and appraised by City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code. in the case of new construction which is completed in Value Year 2016 or later, and provided, further, that City and Company enter into an Industrial District Agreement after the expiration of this Industrial. District Agreement, then, and in such events, such new construction shall be entitled to additional Value Years under the new Agreement at a Twenty percent (20 valuation under this subparagraph (a), for a total, of six (6) Value Years, but not extending beyond Value Year 2022. (b) A Substantial. Increase in value of the Land, improvements, and tangible personal property (excluding inventory) as used in subparagraph 2(a) above, is defined as an increase in value that is the lesser of either: i. at least Five percent (50) of the total appraised value of Land and improvements, on January 1, 2007; or ii. a cumulative value of at least $3,500,000.00. 4 For the purposes of this Agreement, multiple projects that are completed in a Value Year can be cumulated to arrive at the amount for the increase in value. (c) if existing Property values have depreciated below the Property value established on January 1, 2007, an amount equal to the amount of the depreciation will be removed from the calculation under this subparagraph 2 to restore the value to the January 1, 2007, value; and 3. Percentage Amount of the amount of ad valorem taxes which would be payable to City on all of the Company's tangible personal property of every description, located in an industrial district of City, including, without limitation, inventory, (including inventory in a federal. Foreign Trade Zone and including .Freeport exempted inventory), oil, gas, and mineral interests, items of leased equipment, railroads, pipelines, and products in storage located on the Land, if all of said tangible personal property which existed on January 1, 2008, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, (excluding amounts which would be so payable with respect to any Substantial Increase in value of such tangible personal property to which subparagraph 2, above applies), had been within the corporate limits of City and appraised each year by the City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code. with the sum of 1, 2 and 3 reduced by the amount of City's ad valorem taxes on the annexed portion thereof as determined by appraisal by the Harris County Appraisal District. 4. Notwithstanding the above, should City elect to grant the Freeport inventory exemption authorized by Article VIII, Section, 1-j of the Texas Constitution and Section 11.251 of the Texas Property Tax Code to taxpayers within the City limits, then the Freeport inventory exemption shall apply to parties to this Agreement. Further, should inventory or any other class or type of property become exempt from taxation by constitutional amendment or act of the Texas Legislature (including, but not limited to, Article VIII, Section 1 -n, of the Texas Constitution and Section 11.253 of the Texas Property Tax Code), such class or type of property shall be exempt for purposes of this Agreement, unless the City Council of the City of La Porte shall by Ordinance provide for the continued taxation of such property under the authority of any applicable provisions of the Texas Constitution and Texas Statutes. 5 5. City and Company acknowledge circumstances might require the City to provide emergency services to Company's Property described on Exhibit "A" attached hereto. Emergency services are limited to fire, police, and public works emergency services. If Company is not a member of Channel. Industries Mutual. Aid Association (CIMA), Company agrees to reimburse City for its costs arising out of any emergency response requested by Company to Company's property, and to which City agrees to respond. If Company is a member of CIMA, the obligations of Company and City shall be governed by the CIMA agreement, to which agreement City is a party. IV. This. Agreement shall extend for a period beginning on the 1st day of January, 2008, and continuing thereafter until December 31, 2019, unless extended for an additional period or periods of time upon mutual consent of Company and City as provided by the Municipal Annexation Act; provided, however, that in the event this Agreement is not so extended for an additional period or periods of time on or before August 31, 2019, the agreement of City not to annex property of Company within the District shall terminate. In that event, City shall have the right to commence immediate annexation proceedings as to all of Company's property covered by this Agreement, notwithstanding any of the terms and provisions of this Agreement. Company agrees that if the Texas Municipal Act, Section 42.044, Texas Local. Government Code, is amended after January 1, 1994, or any new legislation is thereafter enacted by the Legislature of the State of Texas which imposes greater restrictions on the right of City to annex land belonging to Company or imposes further obligations on City in connection therewith after the annexation of such land, Company will waive the right to require City to comply with any such additional restrictions or obligations and the rights of the parties shall be then, determined in accordance with the provisions of said Texas Municipal Annexation Act as the same existed January 1, 1994. V. This Agreement may be extended for an additional period or periods by agreement between City and Company and /or its assigns even though it is not extended by agreement between City and all of the owners of all land within the District of which it is a part. V1. A. In the event Company elects to protest the valuation for tax purposes set on its said properties by City or by the Harris County Appraisal District for any year or years during the terms hereof, nothing in this Agreement shall preclude such protest and N Company shall have the right to take all legal steps desired by it to reduce the same. Notwithstanding such protest by Company, and except as otherwise provided in Article VI(S), Company agrees to pay to City on or before the date therefore hereinabove provided, at least the total of (a) the total amount of ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu of taxes" on the unannexed portions of Company's hereinabove described property which would be due to City in accordance with the foregoing provisions of this Agreement on the basis of renditions which shall be filed by Company. When the City or Harris County Appraisal District (as the case may be) valuation on said property of Company has been so finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final conclusion of the controversy,- then within thirty {30) days thereafter Company shall make payment to City of any additional payment due hereunder, or City shall make payment to Company of any refund due, as the case may be, based on such final valuation, together with applicable penalties, and costs. $, Should -Company disagree with any appraisal made by the independent appraiser selected by City pursuant to Article 11 above (which shall be given in writing to Company), Company shall, within twenty (20) calendar days of receiving City's invoice, give written notice to the City of such disagreement. In the event Company does not give such written notice of disagreement within such time period, the appraisal made by said independent appraiser shall be final and controlling for purposes of the determination of "in lieu of taxes" payments to be made under this Agreement. Should Company give such notice of disagreement, Company shall also submit to the City with such notice a written statement setting forth what Company believes to be the market value of Company's hereinabove described property. Both parties agree to thereupon enter into good faith negotiations in an attempt to reach an agreement as to the market value of Company's property for "in lieu" purposes hereunder. If, after the expiration of thirty (30) days from the date the notice of disagreement was received by City, the parties have not reached agreement as to such market value, the parties agree to submit the dispute to .final arbitration as provided in subparagraph 1 of this Article vI (B) . Notwithstanding any such disagreement by Company, Company agrees to pay to City on or before December 31 of each year during the term hereof, at least the total of (a) the ad valorem taxes on the annexed portions, plus (b) the total amount of the "in Lieu" payments which would be due hereunder on the basis of Company's written valuations statement submitted to City by Company hereunder, or the total assessment and "in lieu of taxes" thereon for the last preceding year, whichever is higher. 7 1. A Board of Arbitrators shall be created composed of one person named by Company, one by City, and a third to be named by those two. In case of no agreement on this arbitrator in 10 days, the parties will join in a written request that the Chief Judge of the U.S. District Court for the Southern District of Texas appoint the third arbitrator who, (as the "Impartial Arbitrator ") shall preside over the arbitration proceeding. The sole issue to be determined in the arbitration shall be resolution of the difference between the parties as to the fair market value of Company's property for calculation of the "in lieu" payment and total payment hereunder for the year in question. The Board shall hear and consider all relevant and material evidence on that issue including expert opinion, and shall render its written decision as promptly as practicable. That decision shall then be final and binding upon the parties, subject only to judicial review as may be available under the Texas General Arbitration Act (Chapter 171, "General Arbitration ", Texas Civil Practice and Remedies Code) . Costs of the arbitration shall be shared equally by the Company and the city, provided that each party shall bear its own attorneys fees. VII. City shall be entitled to a tax lien on Company's above described property, all improvements thereon, and all tangible personal property thereon, in the event of default in payment of "in lieu of taxes" payments hereunder, which shall accrue penalty and interest in like manner as delinquent taxes, and which shall be collectible by City in the same manner as provided by law for delinquent taxes. VIII. This Agreement shall inure to the benefit of and be binding upon City and Company, and upon Company's successors and assigns, affiliates and subsidiaries, and shall remain in force Company sells, assigns, or in any other manner disposes of, either voluntarily or by operation of law, all or any part of the property belonging to it within the territory hereinabove described, and the agreements herein contained shall be held to be covenants running with the land owned by Company situated within said territory, for so long as this Agreement or any extension thereof remains in force. Company shall give City written notice within ninety (90) days, with full particulars as to property assigned and identity of assignee, of any disposition of the Land, and assignment of this Agreement. IX. If City enters into an Agreement with any other landowner with respect to an industrial district or enters into a renewal of any 0 existing industrial district agreements after the effective date hereof and while this Agreement is in effect, which contains terms and provisions more favorable to the landowner than those in this Agreement, Company and its assigns shall have the right to amend this Agreement and City agrees to amend same to embrace the more favorable terms of such agreement or renewal agreement. x. The parties agree that this Agreement complies with existing laws pertaining to the subject and that all terms, considerations and conditions set forth herein are lawful, reasonable, appropriate, and not unduly restrictive of Company's business activities. Without such agreement neither party hereto would enter into this Agreement. In the event any one or more words, phrases, clauses, sentences, paragraphs, sections, articles or other parts of this Agreement or the application thereof to any person, firm, corporation or circumstances shall _be held• by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of such words, phrase, clause, sentence, paragraph, section, article or other part of the Agreement shall be deemed to be independent of and separable from the remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby. X1. Upon the commencement of the term of this Agreement, all other previously existing industrial distract agreements with respect to said Land shall terminate. XII. Notices by a party to the other party hereto, shall be mailed or delivered as follows: To the City of La Porte: City Manager City of La Porte 604 West Fairmont Parkway La Porte, TX 77571 To Company: Bayport Associates 1, LLC (COMPANY) Attention: Department 2790 S Drive, Suite 410 Thrrance, CA 90505 Company shall promptly notify City of any change of ownership of Property, any assignment of this Agreement, and of any change of billing address. Company shall notify City annually, on or before June 1, of any changes to the following information: D Punt Manager Mr. Bob Klassen Name: Sunbelt Commercial Builders, Inc. Address- 11650 Jones a ui e ous on, Phone: (281) 890 Fax: - Email: bob@sFuicambuild. ocm Tax Agent /Billing Contact Mr. Harvey English Name: Ca miercial Tax Network Address. 8222 Antoine - Houston, TZ Phone .. • :` 11#4 ENTERED INTO effective the 1St day of January, 2008. ATTEST: City Secretary Bay po ' - iI 1E Title: M�jn �e Address: 2780 $lZa=k Drive, Su te 410 s m - M 9050 By: APPROV -ED : Knox W. Askins City Attorney City of La Porte P.O. Box 1218 La Porte, TX 77572 -1218 281.471.1886 281.471.2047 fax knoxaekins@comcast 10 CITY OF LA PORTE Louis R. Rigby Mayor R- " S up. ;Il rc City Manager . CITY OF LA PORTE 604 West Fairmont Parkway La Porte, TX 77571 STATE OF TEM ' I -o .AyPq ' COUNTY OF Havtt" ' This instrument was acknowled d before me on the 2] of c fah 201 , by �1 L �u ) , Mayiagex– — of - 6 P ' J j? - 550 c`} r � corporation, a 1,� co rporation, on beha f of said entity. _ HANIF C. THAKaR 'n C OMM. # 1796929 ff�� vJ NOTARYP1J8 {tC•CA{EFORHlk V! {85 AHVEZES C4UN[Y °°° Mx Ca�u. �JIP, NAY3f, 2412 STATE OF TEXAS ' COUNTY OF HARRIS ' � r Notes Public, State of xY � I c�a{ � This instrument was acknowledged before me on the day of , 20 — , by Louis Rigby, Mayor of the City of La Porte, a municipal corporation, on behalf of said entity. Notary Public, State of Texas 11 "EXHIBIT A" (Metes and Bounds Description of Land) 12 METE=S & BOUNDS DESCRIPTION 18.8699 ACRES OF LAND OUT OF RESTRICTED RESERVE "t3" BAYPORT NORTH INDUSTRIAL PARK 11 HARRIS COUNTY, TEXAS that certain 18.8699 acres of land out of Restricted Reserve "B ", Bayport North Industrial Park II cording to the plat thereof filed at Film Code No. 625094, Harris County Map Records, also being out of at certain residue of a called 187.6711 acre tract of land described in a deed dated 12 -04 -2006 from tffil Company, Inc, to North Bayport Industrial Park It, Ltd. filed for record in the Official Public Records Real Property of Harris County, Texas, at Harris County Clerk's File No. 20060239193 and corrected der 20070038097' being more particularly described by metes and bounds as follows; COMMENCING at a found "X" in concrete being the north end of a 20' cut back tine for the east right -of- way line of Fair Drly� (60' wide) at Its intersection with the north right -of -way line of New Decade Drive (60' wide), and being the northerly southwest corner of said Reserve "B "; Thence N 01' 56' 14" W -- 852.58', with said east right -'of -way line to a found 5/8" iron rod with cap for corner; Thence N 88° 03' 46" E -- 405.21' with the south line of that certain called 5.0000 acre tract of land described in a deed dated 02 -20- 2009 from North B r port Industrial Park 11, Ltd. to Bayport North, L.L.C. filed in the Official Public Records of Real Property of� arras County, Texas In Clerk's File No.2009 0094007, Film Code No.063 -16 -1903 to a found 5/8" iron rod. with cap for the POINT OF BEGINNING of the herein described tract; THENCE N 01 56" 14" W with the east line of said called 5.0000 acre tract at 537.50' passing a found 5f8" iron rod with cap marking the southeast corner of that certain called 5.9035 acre tract described in a deed dated 02 -27 -2009 from North Bayport Industrial Park II to SBS Fairmont Parkway, Ltd. filed in the Official Public Records of Real Property of Harris County, Texas in Clerk's File No.20090087273, Film Code No.063 -06 -0225 and continuing with said east line for a total distance of 1,128.50' to a found 5f8" iron rod with cap far corner; THENCE N 86 50' 09" E — 880.11', with the south right - of - way line of Fairmont Parkway (250' wide) to a found 518" iron rod with cap marking the north corner of a 20' cut back line for the west right -of -way line of Malone Drive (60' wide); THENCE S 48 09' 51" E — 28.28', with said out back line to a found 518" iron rod with cap for corner; THENCE S 03" 09' 51" E -- 76.37', with said west right -of -way line to a found 5/8" iron rod with cap marking the Point of Curvature of a curve to the right having a central angle of 33' 13' 41 ", a radius of 470.00', a chord bearing of S 13 00" W, a chord distance of 268.77'; THENCE with said curve to the right and continuing with said west right -of -way line for an are distance of 272.57' to a found 5f8" iron rod with cap for the Point of Tangency; THENCE S 30 03' 50" W — 301.60', continuing with said west right -of -way line to a found 518" iron rod with cap marking the Point of Curvature of a curve to the left having a central angle of 32 01'06", a radius of 530.00', a chord bearing of S 14° 03' 17" W, a chord distance of 292.34'; THENCE with said curve to the left and continuing with said west right -of -way line for an arc distance of 296.18' to a found 5f8" Iron rod with cap for the Point of Tangency; THENCE S 01 57' 16" E -- 255.50', continuing with the west right -of -way line of Malone Drive to a found 518" iron rod for corner; THENCE S 88 03' 46" W -- 590.36' to the POINT OF BEGINNING and containing 18.8699 acres (821,974 square feet) of land. Compiled from survey by: PREJEAN & COMPANY, INC. Surveying 1 Mapping 256 -4 -31 Res. B Remainder Date: 04- 142011 "EXHIBIT B" Attach Plat reflecting the ownership boundary Lines; a site Layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte,} 13 o;n w ! ! I � I III l'IJ iI I j I III � I I J 7x49' 1 _ I„ N RFNCHMARK -S 19.00 a a Pm o AT a 5 OZOZSs MOO' 4 i' t6 .�A' a r¢re DC n wan MD Nov WN aow ar nr wus oN Trc N. smc W N r as of wp o, c nr wpT mw IN rm slue rr me uw�wo e�w I 270.00' --- 38;OOv,. -. l x ' Tc swsm ws zoas 90 .anmwurt �I l vs i Tous scum c�vmu t�s zu7 n eM 9.00' , Tow g UQj3 szaar oN nIC O E l TI[ W / E`T aoE 1lNDNE OwM1E nT THE lIOwIHFiST 17.17 (2Wj OMCF_ AREHOUSE $ Ill o d 40.400 SF 170,00' E' i' 9.00' z 1 Q THIS Ti4Cf um w 2u+c x •xn molt x MD OM NOT !JE W N THE 1pP -YEIR Row P m A5 POi THE t+ATIpi4L MOO INa)PoVICE wwnGiwn nwr NnY N11M11Qi _ �640KOtl'IO1. JL%c 1a. 200 ] . 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PAP: ATE STREETS OR PERVANEa{1 ACCESS EASCVENTS. PER 8A)T'C97 NORTH WOUSTRJ WTK NGRTff 11 PER MAP PECORpfP AT F.C. 110. 675034. OF niE VAR RECOP05 OF I4 RS COUNTY, TEXAS. TRA 7 of EASEvENT ESTATE CREATED IN M CC R TAW RMPNOCAL EA5EVE AGREEMENT. AS SET FORTH N RiSTRUVENT FLLEO CCR RECM IPAER IL[RRG COUNT'[ CLERK'S ME NO. 70X)245594, (,,1 (A-f 6R >•£} • s[ sAS[[ tl>M [sdnsq n�5rs tr�.c. t .-4+ - +.. s ,•[� rJ� �un�r �. em`iifis:s. � r $ ! '��x l ASr� pu MVC�i*i`: , so ¢ Mr W o vP[I:_.°o`x;•�.'c.n fear I f llYY r ..[, =vf; [mac €f.xwlfR•5� rt[rP -su cKa'leo'ia , wl s .a 5"f A<1[e vi ,uus, [w.w3.V S %UI[., [d,•are st d'a�:,Er'.L s w •.wr - ,r ar vc srt P]�i � Ye•i1 P i e�¢t�• v�ezi. lEGCxD 8 rrv. srrtr IA MY , f xi..Wp rJl /c[r�s Bn 9 W KKe P.L e[mr[. extsi s[n Pu Chrvr,5 PPFJCA4 d OPtaA.ti r, w(: s+ LAND MLE SURVEY !!.1111 IMS G T G1 - WrMUO RESERVE 8' ;YPORT NORTH INDUSTRIAL PARK cGuf A•J. 11503! MC.V.a. 'L• CJ Ct-lall c - Y.8 N0. 15S -t -SI x0� l0ltPPtw G+"[i rfP RTIF COHaAAY "EXHIBIT C" Page 1 of 3 RULES AND REGULATIOM Any portion of Land constituting a strip of land 100' wide and contiguous to either Fairmont Parkway, State Highway 225, or State Highway 146 shall be subject to the following rules and regulations pertaining to new signage, screening, driveways and median crossovers. These rules and regulations shall apply after the effective date of this Agreement when Company develops or constructs improvements on vacant Land described in Exhibit "A" which is adjacent to Fairmont Parkway, State Highway 225, or State Highway 146. 1. Any sign erected in said 100 strap of land shall be subject to the following provisions: one freestanding identification sign shall be permitted for each side of an industrial establishment that fronts on an improved public right -of -way. cz Freestanding identification signs for single tenant buildings shall not exceed 150 square feet in area. One freestanding identification sign for identifying multiple businesses is allowable at the intersection of improved public rights -of -way. Q� Freestanding identification signs for multiple businesses shall not exceed 350 square feet. (Z Freestanding identification signs shall not exceed 45 feet in height. (7- Minimum setback for sign construction shall be ten (10) feet from property lines. 2. When Land adjacent to said 1.04 strip is developed, the initial 50' of said strip beyond any existing pipeline easement contiguous to either Fairmont Parkway, State Highway 225, or State Highway 146 shall be screened by one of the following techniques: a) Leaving in place existing trees, vegetation, underbrush, etc. to provide a thorough and effective visual screening of the development. Existing trees shall, together with other vegetation and underbrush, create a continuous visual screen. 14 f� "EXHIBIT c" Page 2 of 3 b) The use of earthen berms with approximately 3: side slopes, 50' wide at the base and 8' high. The berms may be landscaped with a combination of trees, shrubs, and ground cover. All berms and landscaping will be maintained by the property owners. c) A screening plan, to be approved by the City, that includes a combination of trees, shrubs, and ground cover that after 5 years growth will be at least 20 feet in height and shah,, together with shrubs and ground cover, create a continuous visual screen. Provided, however, in public utility easements or rights --of --way, the vegetation shall be installed and maintained in a manner which is acceptable to the public utility company, and does not interfere with the operation and maintenance of the public utility facilities. For items b and c above, the actual length of required screening along the roadway will be equal to the length of the new development that is parallel to the roadway. Screening shall not be required for new development that is to the rear of or behind existing facilities, in all cases the 50' strip, along the entire roadway frontage, shall be dedicated as a Landscape easement and shall be kept free from any improvements except for approved driveway access and identification signs. For cases of new development or improvements where a 50' landscape easement is not available or practical, Company shall meet with City to determine a suitable landscaping alternative. d) In the case of land contiguous to Fairmont Parkway, in addition to the other requirements of these Rules and Regulations, Company shall dedicate to City by Plat a ten foot (10 wide pedestrian and bicycle easement, extending along Company's Fairmont Parkway boundary, within the fifty foot (50 landscape easement. The pedestrian easement shall not be within any pipeline facility, except for necessary crossings. 3. Driveways opening from said strip of land onto State Highway 225 or State Highway 146 shall be subject to the rules and regulations of the Texas Department of Transportation and provisions of the City's Code of Ordinances, whichever is more restrictive. Driveways opening from said strip of land onto Fairmont Parkway shall be subject to the rules and regulations of Harris County and provisions of the City's Code of Ordinances, whichever is more restrictive. "EXHIBIT C" Page 3 of 3 4. Driveways opening from said strip of lard onto Fairmont Parkway shall be approved by the City and may require the installation of separate acceleration /deceleration lanes. 5. installation of a median crossover on Fairmont Parkway shall be subject to the approval of both Harris County and City. ORDINANCE NO. 2011 AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT AND A SANITARY SEWER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND BAYPORT ASSOCIATES I, LLC (4210 MALONE DRIVE, BAYPORT NORTH INDUSTRIAL PARK II), MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by the reference. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. The City Manager is hereby authorized to execute said contact, agreement, or other undertaking described in the title of this ordinance. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This ordinance shall be effective from and after its passage and approval, and it is so ordered. ORDINANCE NO. 2011-- PAGE 2 PASSED AND APPROVED, this day of , 2011. CITY OF LA PORTE IN ATTEST: Patrice Fogarty City Secretary APPROVED: Knox W. Askins City Attorney Louis R. Rigby Mayor STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE WATER SERVICE AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA TORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY ", and BAYPORT ASSOCIATES I, LLC, hereinafter called "COMPANY ". I. COMPANY is the owner of certain real property which is situated within the CITY'S Bayport Industrial District 4210 Malone Drive Bayport North Industrial Park I and not within the corporate limits of the CITY. CITY and COMPANY are parties to a current Industrial District Agreement. II. COMPANY is desirous of purchasing potable water from CITY for usual human domestic uses. Previous planning considerations for the long -range potable water supply of CITY did not include the needs of properties located outside the corporate limits of CITY. COMPANY recognizes that CITY cannot at this time provide permanent and unlimited water service. CITY agrees, however, to provide limited potable water service to COMPANY. For and in consideration of furnishing domestic potable water by CITY, the parties hereto agree as follows, to -wit: M. COMPANY has made certain representations to CITY as to the number of employees that will be located at the COMPANY'S property as of the date of this agreement, upon which representations CITY has relied in entering into this Agreement. Upon review of these representations, the City has determined the following: Number of Full -Time Employees on site 60 + Number of Full -Time Contract Employees on site 0 =Total On -Site Full -Time Employees 60 Potable Water Approved for Domestic Use (Total on -site Employees times 50 gpd per employee) 3,000 Total Amount of Potable Water Approved for COMPANY (Average Daily Volume, gpd) 3,000 LUT 2 CITY has determined that adequate resources are available to CITY to furnish potable water to COMPANY based on the following terms and conditions, to -wit: (A) COMPANY shall pay to CITY a one -time administrative fee of $6,000. (B) The total amount of potable water approved to COMPANY is established at THREE THOUSAND (3,000) gallons per day. This number is based on an average of fifty (50) gallons per employee per day as established by CITY. (C) The average monthly volume of NINETY ONE THOUSAND FIVE HUNDRED 91500 gallons is established by multiplying the average daily volume by a factor of 30.5, which shall be used to facilitate CITY'S utility service billings. (D)Nothing contained in this Agreement shall obligate CITY to furnish more than the average monthly volume of NINETY ONE THOUSAND FIVE HUNDRED (91,500) gallons. Repeated consumption greater than the established average monthly volume may result in termination of service. (E) COMPANY shall pay the standard water tap /meter fee based on CITY'S current taphneter fee schedule. Upon final approval of COMPANY'S on -site and /or off -site utility construction by CITY, COMPANY shall pay the CITY'S standard water deposit fee through CITY'S Utility Billing Division prior to receiving water service from CITY. (F) The cost of water up to the average monthly volume of NINETY ONE THOUSAND FIVE HUNDRED (91, gallons shall be billed at one hundred fifty percent (150 %) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (G) The cost of water for amounts used in excess of the established average monthly volume shall be billed at two hundred percent (200 %) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (H) COMPANY shall submit a preliminary site plan showing the total acreage of the tract including present and proposed improvements and a suitable location map of the site. COMPANY'S development may be subject to certain additional requirements as described in Exhibit A. These requirements shall be shown on the final site plan and approved by City. (I) COMPANY'S site design and site development will, in certain cases, be subject to specific "Rules and Regulations" as defined in Exhibit "C" of COMPANY'S Industrial District Agreement with CITY. (J) All plumbing installed by COMPANY connected to the domestic water line from CITY, shall meet all applicable State of Texas and CITY plumbing code requirements. (K) A reduced pressure zone backflow preventer shall be installed and maintained by COMPANY to protect CITY from any possible cross- connections. (L) COMPANY'S potable water supply system will be segregated from any existing and future fire protection system. ki (M) The total cost for the engineering design and construction of any potable water main, service line, back flow preventer, meter or other required appurtenances will be the responsibility of COMPANY. (N) COMPANY agrees to be bound by all applicable ordinances of CITY, relative to the furnishing of potable water to customers within the corporate limits of CITY. (0)There shall be no resale of water provided by CITY, nor any extension of service lines by COMPANY to serve other parties. (P) CITY'S personnel shall have the right of prior review and approval of COMPANY'S plans and specifications for the plumbing system(s). CITY shall have the right to inspect any and all work related to the furnishing of potable water to COMPANY. (Q) CITY shall have the right to interrupt or temporarily suspend said water service to COMPANY if an emergency arises and there is not an adequate water supply to meet the needs of the citizens of La Porte. (R) CITY reserves the right to enforce its drought contingency plan on all water customers at CITY'S sole discretion. (S) CITY does not guarantee its water system to provide specific water pressure and/or water volume requirements of COMPANY. V. All expenses of the installation of the meter; service lines fiom the main to the meter; and from the meter to COMPANY'S facilities, shall be solely at the expense of COMPANY. COMPANY shall own and maintain all service lines and plumbing facilities beyond the meter. CITY shall own the meter. VI. In the event a State or Harris County license, permit, or permission to install the water main is revoked, or relocation or adjustment is required, CITY will not be responsible for the expense of such relocation, adjustment, or replacement. VII. CITY reserves the right of entry at all reasonable times for the purpose of inspection of COMPANY'S water facilities, reading its water meter(s) and to observe compliance with the terms and conditions of this Agreement. When exercising its right of entry, CITY shall notify COMPANY in advance. CITY also agrees to follow established health and safety policies in effect at COMPANY'S facility. VIII. CITY reserves the right to terminate this agreement in the event of violation of the terms and provisions hereof by COMPANY. CITY will provide COMPANY with written notice of any defects and COMPANY shall have the opportunity to cure any defects. Failure to correct defects within ten (10) calendar days from date of written notice by CITY may result in termination of Agreement. CITY shall have the right to summarily correct, at COMPANY'S expense, any defect or deficiency, when in its opinion the integrity of the public water supply is threatened. 4 IX. Upon receipt of written notice of termination, COMPANY shall have up to six (6) months to prepare for transition to another water supply. If the transition is not complete within said six -month period, CITY shall have the right to terminate water service at its sole discretion. F.4 In the event of any conflict between the terms and provisions of this Water Service Agreement and the terms and provisions of the Industrial District Agreement between the parties, the terms and provisions of the Water Service Agreement shall control, to the extent of such conflict. The term of this Agreement shall expire on December 31, 2019 plus any renewals and extensions thereof However, this Agreement shall automatically expire at such time as there is no effective Industrial District Agreement between the parties or if CITY exercises its right of termination. ENTERED INTO effective the day of P: Printed Name: Don L. Tuffli Company Representative's Title; Manager Compav y's Address. 2780 Skypark Drive, Suite 410 Torrance, CA 90505 ATTEST: Patrice Fogarty City Secretary APPROVED: Knox W. Askins City Attorney CITY OF LA PORTE Loris R. Rigby Mayor Steve Gillett, Interim City Manager 6 EXHIBIT "A" to Water Service Agreement The Water Service Agreement is hereby amended and supplemented to include the following additional requirements agreed to by CITY and COMPANY. These requirements represent contractual obligations of COMPANY to receive water service from CITY per the terms of the Water Service Agreement and this addendum. COMPANY shall fulfill each of the following additional requirements as set forth below. Additional Requirements of COMPANY: N/A Initial for Approval: CITY APPROVAL: W .. COMPANY APPROV _ STATE OF TEXAS COUNTY OF HARRIS § CITY OF LA PORTE SANITARY SEWER SERVICE AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA TORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY ", and BAYPORT ASSOCIATES I, LLC, hereinafter called "COMPANY ". I. COMPANY is the COMPANY of certain real property, which is situated in CITY'S Bayport Industrial District 4210 Malone Drive Bayport North Industrial Park II and not within the corporate limits of the CITY. CITY and COMPANY are parties to a current Industrial District Agreement. II. COMPANY is desirous of purchasing sanitary sewer service from CITY for usual human domestic uses. COMPANY recognizes that CITY cannot at this time provide permanent and unlimited sanitary sewer service. CITY agrees, however, to provide limited sanitary sewer service to COMPANY. For and in consideration of furnishing sanitary sewer service by CITY, the parties hereto agree as follows, to -wit: III. COMPANY has made certain representations to CITY as to the number of employees, as of the date of this agreement, upon which representations CITY has relied in entering into this Agreement. Upon review of these representations, the City has determined the following: Number of Employees on -site 60 Number of Contract Employees 0 Total on -site Employees 60 Sanitary Sewer Desired for Domestic Use (Total on -site times 50 gpd per employee) 3,000 Total Amount of Sanitary Sewer Approved For COMPANY (Average Daily Volume, gpd) 32000 2 IV. CITY has determined that adequate facilities are available to allow CITY to furnish sanitary sewer to COMPANY based on the following terms and conditions, to -wit: (A). COMPANY shall pay to CITY a one -time administrative connection charge of $6,000. (B). COMPANY shall pay the standard sewer tap fee based on CITY'S current sewer tap fee schedule. Upon final approval of COMPANY'S on -site and /or off -site utility construction by CITY, COMPANY shall pay the CITY'S standard sewer deposit fee through CITY'S Utility Billing Division prior to receiving sewer service from CITY. (C). The average daily volume is established at THREE THOUSAND (3 gallons per day. This number is based on an average of fifty (50) gallons per employee per day established by CITY. (D). The average monthly volume is calculated to be eighty-five percent (85 %) of the average daily volume multiplied by a factor of 30.5, which shall be used to facilitate service billings. (E). The cost of sanitary sewer service up to the average monthly volume of SEVENTY SEVEN THOUSAND SEVEN HUNDRED SEVENTY FIVE (77,775) gallons shall be one hundred fifty percent (150 11 /6) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (F). The cost of sanitary sewer service for amounts in excess of the established average monthly volume shall be two hundred percent (200 %) of the CITY'S rate as established fiom time to time for commercial customers inside its corporate limits. (G). Nothing contained in this Agreement shall obligate CITY to furnish more than the average monthly volume of SEVENTY SEVEN THOUSAND SEVEN HUNDRED SEVENTY FIVE (77,775). Repeated sanitary sewer delivery greater than the established average monthly volume may result in termination of service. (H). COMPANY agrees that during periods when the CITY'S collection system is surcharged, the CITY may require the suspension of use of the sanitary sewer system for periods not to exceed thirty -six hours. (1). CITY shall have the right to interrupt or temporarily suspend said sanitary sewer service to COMPANY if an emergency arises and there is not an adequate sewer collection or treatment capacity to meet the needs of the citizens of La Porte. (J). COMPANY shall file application with CITY for an Industrial Waste Permit and hereby agrees to be bound by CITY'S Industrial Waste Ordinance (Chapter 74, Article II of the Code of Ordinances) and any subsequent amendments or revisions. (K). Owner shall install a sanitary sewer sampling well in accordance with CITY'S standards to ensure no sewer waste, other than domestic waste enters its sanitary sewer system. (L). The total cost for the engineering design and construction of any sanitary sewer main, service line, lift station, meter or other required appurtenances will be the responsibility of COMPANY. 3 (M). COMPANY agrees that it shall be bound by all applicable ordinances of CITY, relative to the furnishing of sanitary sewer service to customers within the corporate limits of CITY. (N). COMPANY shall install a sanitary sewer sampling well in accordance with CITY's standards. (0). All plumbing installed by COMPANY connected to the sanitary sewer line from CITY, shall meet all applicable State of Texas and CITY plumbing code requirements. CITY'S engineering and code enforcement personnel shall have the right of prior review and approval of COMPANY'S plans and specifications for the plumbing system(s). CITY plumbing inspectors shall have the right to inspect any and all work related to the furnishing of sanitary sewer service to COMPANY. (P). There shall be no resale of the sanitary sewer service provided by CITY, nor any extension of service lines by COMPANY to serve other parties. (Q). COMPANY shall submit a certified site plan showing the total acreage of the tract including present and proposed improvements and a suitable location map of the site. COMPANY'S development project may be subject to certain additional requirements as described in Exhibit "A', attached. These requirements shall be shown on the site plan and approved by City. W All expenses of the installation of service lines from the main to the COMPANY'S facilities shall be solely at the expense of COMPANY. COMPANY shall own and maintain all service lines and plumbing facilities. VI. In the event a State or Harris County license, permit, or permission to install the sanitary sewer main is revoked, or relocation or adjustment is required, CITY will not be responsible for the expense of such relocation, adjustment, or replacement. Vll. CITY reserves the right of entry at all reasonable times for the purpose of inspection of COMPANY'S sanitary sewer facilities, and to observe compliance with the terms and conditions of this Agreement. When exercising its right of entry, CITY shall notify COMPANY in advance. CITY also agrees to follow established health and safety policies in effect at COMPANY'S facility. CITY reserves the right to terminate this agreement in the event of violation of the terms and provisions hereof by COMPANY. CITY will provide COMPANY with written notice of any defects and COMPANY shall have the opportunity to cure any defects. Failure to correct defects within ten (10) days may result in termination of Agreement. CITY shall have the right to summarily correct, at COMPANY'S expense, any defect or deficiency, when in its opinion the integrity of the public sanitary sewer system is threatened. 4 Upon receipt of written notice of termination, COMPANY shall have up to six (b) months to prepare for transition to another sanitary sewer service provider. If the transition is not complete within said six -month period, CITY shall have the right to terminate sanitary sewer service at its sole discretion. 1a In the event of any conflict between the terms and provisions of this Sanitary Sewer Service Agreement and the terms and provisions of the Industrial District Agreement between the parties, the terms and provisions of the Sanitary Sewer Service Agreement shall control, to the extent of such conflict. The term of this Agreement shall terminate on December 31, 2019 However, this Agreement shall automatically expire at such time as there is no effective Industrial District Agreement between the parties or if CITY exercises its right of termination. ENTERED INTO effective the day of c Printed Name: Don L. Tuffl.i Company Representative's Title; Manager Company's Address; 2780 Skypark Drive, Suite 410 Torrance, CA 90505 S ATTEST: Patrice Fogarty City Secretary APPROVED: Knox W. Askins City Attorney CITY OF LA PORTE Louis R. Rigby Mayor Steve Gillett, Interim City Manager M EXHIBIT "A" to Sanitary Sewer Service Agreement The Sanitary Service Agreement is hereby amended and supplemented to include the following additional requirements agreed to by CITY and COMPANY. These requirements represent contractual obligations of COMPANY to receive sewer service from CITY per the terms of the Sanitary Service Agreement and this addendum. COMPANY shall fulfill each of the following additional requirements as set forth below. Additional Requirements of COMPANY: WI-11 Initial for Approval CITY APPROVAL: COMPANY APPROVAL: REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested December 12, 2011 Requested By: Julian Garza Department: Planning Report: X Resolution: _Ordinance: Exhibit: Agreement for Professional Services Exhibit: Contract Amendment Appropriation Source of Funds GEN 957 Account Number: 050- 9892 - 957 -1100 Amount Budgeted: $0 Amount Requested: S10,340.00 Budgeted Item: _YES X NO SUMMARY The City of La Porte entered into an agreement for Professional Services with Freese and Nichols for West F Street Drainage Improvements, otherwise known as the S. 16 Street Project. These drainage improvements will provide for an improved drainage system along S. 16 Street and provide drainage for the proposed Sector 23 Development. These improvements include relocating the E Street Right -of -Way Drainage Ditch to the D Street Right -of -Way and re- grading the 16 Street roadside ditches to drain to this proposed drainage ditch. Re- grading the ditch along 16 Street will reduce the depth of cover on the existing waterline and in most cases expose the existing waterline; therefore lowering approximately 1,000 feet of 12 inch waterline is necessary. This design was not anticipated and is considered a change in scope. Freese and Nichols submitted a proposal for these additional services in the amount of $10,340. This amendment for the change in scope requires City Council approval because it is over $5,000.00. Project Benefits, Liabilities and Annual Operation Cost Relocating the approximately 1000 feet of waterline along South 16 Street will increase the depth of cover on the waterline and allow for improved drainage along South 16 Street. Failure to relocate the line would leave it exposed in many locations and subject the line to potential damage and breaches. There are no annual operating costs associated with this project. Action Required by Council: Authorize the Interim City Manager to execute the contract amendment with Freese and Nichols in the amount of $10,340.00. Approved for City Council Agenda Steve Gillett, Interim City Manager Date AGREEMENT FOR PROFESSIONAL SERVICES STATE OF TEXAS § COUNTY OF HARRIS § This AGREEMENT is entered into by the City of La Porte, hereinafter called "OWNER" and Freese and Nichols, Inc., hereinafter called "FNI ". In consideration of the AGREEMENTS herein, the parties agree as follows: I. EMPLOYMENT OF FNI: In accordance with the terms of this AGREEMENT: OWNER agrees to employ FNI; FNI agrees to perform professional services in connection with the Project; OWNER agrees to pay to FNI compensation. The Project is described as follows: West F Street Drainage Improvements. II. SCOPE OF SERVICES: FNI shall render professional services in connection with Project as set forth in Attachment SC - Scope of Services and Responsibilities of OWNER which is attached to and made a part of this AGREEMENT. III. COMPENSATION: OWNER agrees to pay FNI for all professional services rendered under this AGREEMENT in accordance with Attachment CO - Compensation which is attached hereto and made a part of this AGREEMENT. FNI shall perform professional services as outlined in the "Scope of Services" based on a Lump Sum method for Design Services and hourly rate for As-needed Construction Services. Based on our understanding of the scope of the Project, compensation for basic engineering shall be a lump sum of $38,426 for Design Phase, a lump sum of $910 for Bid Phase. For Special Services (Expenses) as defined in Article ID a total budget not -to- exceed $290 is proposed. Therefore, the total fee for Basic Engineering and Special Services is $39,626. Details concerning the fees are included in Attachment CO. If FNI's services are delayed or suspended by OWNER, or if FNI's services are extended for more than 90 days through no fault of FNI, FNI shall be entitled to equitable adjustment of rates and amounts of compensation to reflect reasonable costs incurred by FNI in connection with such delay or suspension and reactivation and the fact that the time for performance under this AGREEMENT has been revised. rV. TERMS AND CONDITIONS OF AGREEMENT: The Terms and Conditions of Agreement as set forth as Attachment TC shall govern the relationship between the OWNER and FNI. Nothing under this AGREEMENT shall be construed to give any rights or benefits in this AGREEMENT to anyone other than OWNER and FNI, and all duties and responsibilities undertaken pursuant to this AGREEMENT will be for the sole and exclusive benefit of OWNER and FNI and not for the benefit of any other party. This AGREEMENT constitutes the entire AGREEMENT between OWNER and FNI and supersedes all prior written or oral understandings. This contract is executed in two counterparts. IN TESTIMONY HEREOF, they have executed this ATTEST: OF the aL day of QOre m �er , 2010. FREESE AND NICHOLS, INC. (FNI) / By: SCOPE OF SERVICES AND RCSPONSIBHJTIES OF OWNER .ARTICLE I BASIC SERVICES: Freese and Nichols, Inc. (FNI) shall render the following professional services to the City of La Porte (OWNER) in connection with the development of the Project, described as: West F Street Drainage Improvements. A. BASIC DESIGN PHASE 1. Overall Project management, scoping, contract administration, invoicing, quality control/quality assurance. 2. Client coordination, progress meetings, and other meetings as required up to three (3) meetings. 3. Coordinate, gather, and review previous reports, plans, cost estimates, etc. 4. Conduct two (2) site visits to Project site throughout design phase to investigate and ascertain and verify information. 5. Coordinate to receive from the OWNER the topographical and cross section survey data OWNER has for the purpose of design. Supplemental mapping on PIP sheets will be performed by FNI for the purpose of design. If additional field data is needed, OWNER will provide. 6. Based on the information from the OWNER and the topographical survey, prepare a drainage area map for the design area. 7. Based on OWNER's storm sewer design criteria, drainage area map in Item 6, and 25 -yr tailwater elevation in Little Cedar Bayou, determine the size of the proposed storm sewer line from Little Cedar Bayou to west of 16' Street. Drainage computations will be based on Rational Method. 8. Prepare construction plans, details, specifications, and contract documents for the following: a. Design approximately 1,400' of storm sewer on West F Street from Little Cedar Bayou to west of 16' Street. b. Design and provide details for needed drainage structures at street intersections and outfall at Little Cedar Bayou. c. Design[ the removal of ditch on West E Street and redirect flows to West D Street and then to Little Cedar Bayou. 9. Prepare plans and details for storm water pollution prevention. 10. Assemble and submit two (2) sets of 60 %- complete construction plans for OWNER's review and comments. Meet with the OWNER to discuss comments. 11. Upon receipt of 60% complete review comments, FNI will complete design and construction plans to 90 %- complete level including technical specifications and contract documents. 12. Assemble and submit two (2) sets of 90 %- complete construction plans for OWNER's review and comments. Meet with the OWNER to discuss comments. SC -1 [OFF09041] L:lProposa]sTeuJ&r dV lWLPTJ - Drainage IrnprovementslC,w"Ct & Scope of Setvices.doc FNI� OWNER 13. Prepare quantities and Engineer's opinion of probable construction cost for the project at 90 %- and 100 % - complete levels. 14. Prepare the Harris County's Express Review Plan and submit construction plans and other necessary documents to Hargis County for review and approval. It is our understanding that OWNER has made provisions for the mitigation of drainage impact resulting from this project in nearby detention pond and this has been coordinated with Harris County. 15. Provide coordination and furnish necessary information to utility and pipeline companies whose facilities may be affected by this project. 16. Upon receipt of 90% complete review comments, FNI will finalize design and construction plans including technical specifications and contract documents to 100%-complete level and furnish two copies of construction plans, specifications, and bid proposals marked "Not For Construction" for approval by the OWNER. Upon final approval by the OWNER, provide the OWNER with three copies of the final construction plans for the purpose of construction. B. BIDDING AND AWARD PHASE 1. Assist the OWNER by attending a Pre -Bid Conference, attending the bid opening, preparing tabulation and analyses of the bids received, and furnishing recommendations on the award of contracts or the appropriate actions to be taken by the OWNER. 2. Assist the OWNER in conducting a pre - construction conference with the Contractor. C. CONSTRUCTION PHASE The OWNER intends to handle the construction phase of the Project. Therefore, no budget is provided. D. SPECIAL SERVICES Miscellaneous expenses such as mileage, printing, plotting, deliveries, etc. ARTICLE H ADDITIONAL SERVICES: Additional Services to be performed by FNI, if authorized by OWNER, which are not included in the above described basic services, are described as follows: A. Field layouts or the furnishing of construction line and grade surveys. B. GIS mapping services or assistance with these services. C. Property, boundary and right-of-way surveys, preparation of easement and deed descriptions, including title search and examination of deed records. D. Providing services to investigate existing conditions or facilities, or to make measured drawings thereof, or to verify the accuracy of drawings or other information furnished by OWNER. E. Providing renderings, model and mock -ups requested by the OWNER. SC -2 JOFFo"411 L nJ -Dra rage ]mprovementslContmtt & Swpe of 8w imdoo FN L-,1,e OWNER F. Making revisions to drawings, specifications or other documents when such revisions are 1) consistent with approvals or instructions previously given by OWNER or 2) due to other causes not solely within the control of FNI. G. Providing consultation concerning the replacement of any Work damaged by fire or other cause during the construction, and providing services as may be required in connection with the replacement of such Work. H. Investigations involving consideration of operation, maintenance and overhead expenses, and the preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals, evaluations, assessment schedules, and material audits or inventories required for certification of force account construction performed by OWNER. I. Performing investigations, studies and analyses of substitutions of equipment and/or materials or deviations from the drawings and specifications. J. Providing environmental support services including the design and implementation of ecological baseline studies, environmental monitoring, impact assessment and analyses, permitting assistance, and other assistance required to address environmental issues. K. Design, contract modifications, studies or analysis required to comply with local, State, Federal or other regulatory agencies that become effective after the date of this agreement. L. Providing basic or additional services on an accelerated time schedule. The scope of this service include cost for overtime wages of employees and consultants, inefficiencies in work sequence and plotting or reproduction costs directly attributable to an accelerated time schedule directed by the OWNER. M. Providing services made necessary because of unforeseen, concealed, or differing site conditions or due to the presence of hazardous substances in any form. N. Providing value engineering studies. O. Preparing statements for invoicing or other documentation for billing other than for the standard invoice for services attached to this professional services agreement. P. Geotechnical investigations. ARTICLE III TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution of this AGREEMENT and agrees to complete the services called for in Article IA, 1B & ID (Design Phase, Bid Phase and Special Services) so as to deliver completed Plans, Specifications, and Estimate of Cost for all authorized construction of the Project, within ninety (90) calendar days, after receipt of Notice to Proceed. Review periods by the OWNER, acquiring approvals from other Harris County have not been accounted for. FNI will proceed with the performance of the services called for in Article IC (construction phase) of this agreement upon request by the OWNER on as- needed basis. If FNI's services are delayed or suspended in whole or in part by OWNER, or if FNI's services are extended by the Contractor's actions or in actions for more than 90 days through no fault of FNI, IiNI may be entitled to equitable adjustment of rates and amounts of compensation. SC -3 [OFF09041] L .Tropos0s%?eartand1MU001I - Drainage ImprovementslOwtract & Scope of SeMendoe FNI -:I�,7 OWNER ARTICLE IV RESPONSIBILITIES OF OWNER: OWNER shall perform the following in a timely manner so as not to delay the services of FNI: A. Designate a person to act as OWNER's representative with respect to the services to be rendered under this AGREEMENT. Such person shall have contract authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to FNPs. services for the Project. B. Provide all criteria and full information as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which OWNER will require to be included in the drawings and specifications. C. Assist FNI by placing at FNI's disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. D. Arrange for access to and make all provisions for FNI to enter upon public and private property as required for FNI to perform services under this AGREEMENT. E. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by FNI, obtain advice of an attomey, insurance counselor and other consultants as OWNER deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of FNI. F. Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. G. OWNER shall make or arrange to have made all subsurface investigations, including but not limited to borings, test pits, soil resistivity surveys, and other subsurface explorations. OWNER shall also make or arrange to have made the interpretations of data and reports resulting from such investigations. All costs associated with such investigations shall be paid by OWNER. H. Provide such accounting, independent cost estimating and insurance counseling services as may be required for the Project, such legal services as OWNER may require or FNI may reasonably request with regard to legal issues pertaining to the Project including any that may be raised by Contractor(s), such auditing service as OWNER may require to ascertain how or for what purpose any Contractor has used the moneys paid under the construction contract, and such inspection services as OWNER may require to ascertain that Contractor(s) are complying with any law, rule, regulation, ordinance, code or order applicable to their furnishing and performing the work. I. Give prompt written notice to FNI whenever OWNER observes or otherwise becomes aware of any development that affects the scope or timing of FNIts services, or any defect or nonconformance of the work of any Contractor. J. Furnish, or direct FNI to provide, Additional Services as stipulated in Attachment SC, Article lI of this AGREEMENT or other services as required. K. Bear all costs incident to compliance with the requirements of this Article N. SC -4 � [oF OMI]L:.T[0posalslpeedand1M WV__ pn- Dr dwgeImprowinentsWontrect &ScopeofSeMcts.doe P1VI OWNER ARTICLE V DESIGNATED REPRESENTATIVES: FNI and OWNER designate the following representatives: Owner's Designated Representative - (Rodney Slaton, City Engineer, City of LaPorte, 604 West Fairmont Parkway, La Porte, Texas 77571, 281 -471 -5020) FNI's Project Manager - (William (Clay) Herndon, P.E., 11200 Broadway Street, Suite 2332, Pearland, Texas 77584, 832 -456 -4715) FNI's Accounting Representative - (Judy Blair, 11200 Broadway Street, Suite 2332, Pearland, Texas 77584, 832 -456 -4711) SC -5 [OFF09041] L:1Pmpou1s\PeulandWfU00\LFTJ - Dralme Lnprovementswoniract & Scope of semmdoa F' NI Zd OWNER ATTACHMENT CO COMPENSATION LUMP SUM WITH ADDITIONAL SERVICES BASED ON HOURLY RATES For and in consideration of the services to be rendered by FNI, OWNER shall pay the fees hereinafter set forth. A. COMPENSATION: 1. Compensation to FNI for the services as defined in Article IA thru C of Attachment SC shall be as follows: a. Design Phase (Lump Sun) b. Bid Phase (Lump Sum) Subtotal, Section A SPECIAL SERVICES 1. Miscellaneous Expenses Subtotal, Section B Total, A & B Therefore, total fee shall not exceed $39,626 without prior reauthorization. $38,426 910 $39,336 290 $z90 $39,626 FNI sees the Scope of Services changing so that additional services are needed, FNI will notify OWNER for OWNER'S approval before proceeding. B. COMPENSATION TERMS 1. "Sub- Consultant Expense" is defined as the expense that is incurred by FNI in employment of others in outside firms for services in the nature of foundation borings, testing, surveying, process design and similar services that are not included in the Basic Services. 2. "Direct Non -Labor Expense" is defined as that expense for any assignment incurred by FNI for supplies, transportation and equipment, travel, communications, subsistence and lodging away from home and similar incidentals in connection with that assignment. C. BASIC SERVICES 1. Upon authorization from the OWNER, FNI shall proceed with the services outlined in Article 1A, B & D of Attachment SC. For the purposes of preparing monthly statements for the Design and Special Services phase, FNI shall submit to the IOFF10041)L. ( U641 1PTI- DrainagelmprownentMontmd &Stopoofservices.doe CO -1 FNI OWNER ATTACHMENT CO OWNER payment requests in proportion to that part of the service which has been accomplished as evidenced by monthly statements. Final payment for Design and Special Services phase shall be due upon the completion of services, whether the work be constructed or not. 2. Upon authorization from the OWNER, FNI shall proceed with services outlined in Article I C of Attachment SC on an as- needed basis. Payment requests shall be submitted to the OWNER for the services which has been accomplished. If other Additional Services as described in Attachment SC, Article 11, are required FNI shall be compensated as follows: a. Where the services of individuals are supplied by FNI, as authorized by OWNER, payment for these services will be based on Hourly Rate Schedule attached. If category is not defined, payment will be based on salary costs times a multiplier of 3.25. The resident project representative services will be a flat $75/hour rate plus mileage. b. Services for direct non -labor expense and sub - contract expense provided by FNI shall be reimbursed at actual cost times a multiplier of 10 %. [OFF 1004 k] L-.SPioposdstiPurland=ODU.PTJ -Drainage ImprovementAcontract & Scope of s"Ces doc CO -2 FNI -0�&e OWNER SCHEDULE OF CHARGES POSI'T'ION MIN MAx PRINCIPAL 180 250 GROUP MANAGER/SR. PROJECT MANAGER 150 220 SENIOR ENGINEER 130 220 ENGINEER (PE) 100 170 ENGINEER (BIT) 70 110 SENIOR HYDROLOGIST 125 145 HYDROLOGIST 105 120 CONSTRUCTION CONTRACT ADMINISTRATOR 90 160 RESIDENT CONSTRUCTION INSPECTOR 75 85 GIS ANALYST 70 100 DESIGNER 80 125 CAD TECHNICIAN 65 85 CONTRACT / OPERATIONS ANALYST 85 90 ADMINISTRATIVE ASSISTANCE 65 75 CO -OP / INTERN 40 60 The ranges and individual salaries will be adjusted annually. EXPENSES Plotting Printin Bond $2.50 per plot Bluelines/Blacklines $0.14 per square foot Color $5.75 per plot Offset and Xerox Copies/Prints Vellum $5.00 per plot Black & White $0.10 per single side copy Mylar $5.00 per plot Black & White $0.20 per double side copy Color $0.50 per single side copy Color $1.00 per double side copy Binding $5.75 per book Travel $0.50 per mile OTHER DIRECT EXPENSES Other direct expenses are reimbursed at actual cost times multiplier of 1.10. They include outside printing and reproduction expense, communication expense, travel, transportation and subsistence away from Pearland, and other miscellaneous expenses directly related to the work, including costs of laboratory analysis, tests, and other work required to be done by independent persons other than staff members. Fre-e and Nichols, Inc. City of La Porte West F Street Storm sewer improvements Detailed Cost Breakdown BASIC SERVICES TASK LABOR TASK DESCROrIMN MB WCH NPK MAL JFB OMB TOTAL HOURS TOTAL LABOR TOTAL EFFORT HOURLY BILL RATE $210.41 $130.07 $11320 586.11 594,32 588,28 A RESIGN PHASE - 35. 426 S - $ 3BA26 1- -. Prqw Mana emantlAdminlsnadon q BUN eta 1 4 a 4 17 $ 1,758 S - $ 1,758 2. Chant Coordinator, - proaraea Meatim ate. 8 8 $ 1 $ $ 1 3 - Coordinat0 rand review us roporls plom cost astimatea etc, 4. 4 $ 520 S - $ 520 - 4 -- Conduct Me vldm to Pro 00telia vlelm - 4 4 S 520 $ - S 520 5 CoordinoWn & Sn —tal mappigg on PIP Sheets from PrDWded Tom One 4 20 24 $ 1842 $ - S 1 B42 �6 Prepare a Drainage Am Ma 8 12 18 $ 1,574 S $ 1 .7 Storm Sewer dza detenninatlon reulle Dora n ational Method 1 10 11 $ 1,511 S $ 1 8 Pie mconMrucBon la De AToclAkAil cadonn � 52 8 80 6 144 $ 13 S $ 13,141 - - 9 - - - .Dn rend - lane& Demos forsterm water pollution bon 5 12 17 S 14 44 S $ 1 444 10 - - Assemble and submit m late lea for OVVNEWs f Waw and comment 4 8 12 S 1,049 $ S 1 - i t - E Coon to d n and Constnndlon Plensto 00%.com eto level 36 40 76 $ 7 327 $ $ 7,3 27 ...12:: Assemble and submit 90% -cote Ian for OWNER'& review and comment 4 -8 2 14 S 1 S $ 1 13 :. P re' uandbes and En Inaere nlon or ble oonsbucdon coat 4 4 $ 520 $ $ 520 14 re HC ress.RoWOw Shoat& Submit arm fore 5 8 11 $ 1 $ S 1 - 1$ Coordinate .& Fumlah nec Information to udl & pipeline co vies 8 2 10 $ 1,173 $ S 1,173 . i8 Finnllzo design and plan sheen to 100% -c ata[met 1 6 4. 18 4 31 $ 2 $ $ 2,774 8 JBIDPHASE 8f0 $ S 910 f i Aaslnt the OWNER alts aPro -Bld cent. a8endln the bbl etc. - 4 4 5 520 $ S 524 2 Assist the OVJ14ER In ooncluctino s pr ombuedon donf. ate. 3 3 Is 390 is S 390 Total Hoerr 1 171 10 204 8 16 II 11 Ii q fi a 4� Labor Effort $ $ 531 41 S 1132 13 5 S 755 $ 1095 S $ Total Bastc Services 412.0 539 $39,335 EXPME3 Mhw. Computer MBeogo Printing Color coplee Mnding TOTAL VCPENSES DF$ION PHASE I Proect Mane empnVAdml0WMH n Q Billing ote. S CBeM mflua Coerdlr rasa maabn ate. 200 S 100.00 Coordinate ether, and review raWous reports, la Goat estimates etc. so $ 5.00 RI Conduct site vlelts toProject sae v ft 80 S 40.00 tr am Coordlnodon & Su mental me n on PIP Sheets Provided Ta Dato P re a Drain Arse Ma . 5 5 - S 3. 00 Stmm Sewer size determina9on raullc cote atadon Rational Mot $ Prepare Construction Ian Dotal ATechnkat5 careens $ 9 Dee nand pmpero plans &Oefage loretorm water IIU1Wn evanbon 5 10 Assemble and submit 80% -cote iota ptan for OVVWER`s review and comment 200 $ 20.00 11 Complete and Constmralon Piensto 90%-com leto level 200 S 20.00 12 Assemble and submtt 90%-com late plan for OWNER's review and comment 200 $ 20,00 13 lPrapsro ciuntlifee and E insets opinion of probaNa caneWclon cast 5 $ 0.50 14 Pre are HC Expnrss Review Shoat a Submit plans far approvals 5 S 0.50 75 Coardina* S Fumleh n acoasa Womwdan to udlTE & pipeline companies 5 $ 0.50 18 RnaOxe oftlyn and n Moats to 100% -cote Ieto level $ $ 0.50 B BID PHASE 1 AsAd rho OMERt N atiendln a Pre.Bld wnf, e8nndl the bid opening, etc. &0 - S 40.00 2 Assl5tthe OWNER In conduSLng a 8r nshuctlon conf. etc. 40 S 20.00 Hack Services -Ex nse Totals $ S - S 200 S 68 S 3 5 S S $ S S S -$ 270 1 of 2 Prainage Improw m"%EM1r,"eng Fes BmePAa 12/1512010 Freeze and Nichol., Ina Clay of Le Porte West F Street Storm sower improvements Detailed Coat Breakdown CONSTRUCTION PHASE SERVICES (Not Included) TASK LABOR TASK DESCRIPTION MB WCH NPK MAL JFB OHS TASK TOTAL HOURS TOTAL LABOR TDTAL EXPENSES TOTAL EFFORT I NPK HOURLY BILL RATE JFB S210AI $130.07 511320 586.11 594.32 $8828 TOTAL EXPENSES TOTAL EFFORT C CONSTRUCTION PHASE $210AI $130.07 $11320 586.11 594.32 53828 1 Pro neon Sot Rate Coet r Schetlulo S $ - S $ S 70 S 70 2 P act room. S S S S a 710 f 220 S S S Loborrufort 5 3 S $ To $ S I�h Ii:kl { i l llh {I l ial i l II�'f I I I ' __ Labor Effort S $290 S S S f S S Total Constmct(on Phase Servlcos .. E7CP�� EXPENSES Misc. Computer Mileage Printing Color copies Binding S 70.00 2 TOTAL El0PEN5E3 le G CONSTRUCTION PHASE S 200.00 Total $ eclat Sarvkea Ex0anses f S S - S - f - # - f - 3 - S - f - f - # - S 270 Total Project Services 5 $39,626 y S Construction Phase 3ervlcee. se Totals S S S $ $ S S S $ S S $ -$ SPECIAL SERVICES TASK LABOR DESCRIPTION MB WCH I NPK MAL JFB CHU TOTAL HOURS TOTALLABOR TOTAL EXPENSES TOTAL EFFORT HOURLY RATE $210AI $130.07 $11320 586.11 594.32 53828 1 Pro neon Sot Rate Coet r Schetlulo $ S 70 S 70 2 P act room. oa a* 10% S a 710 f 220 TOTAL HOURS Loborrufort $ $ $ S $ S Total Spectal Services $290 $290 EXPENSES m5c. Computer Mileage Printing Color Binding E7CP�� 1 1proled nave tRote C S 70.00 2 P act 531 rrsas le S 200.00 Total $ eclat Sarvkea Ex0anses f S S - S - f - # - f - 3 - S - f - f - # - S 270 Total Project Services $39,626 2 01`2 W%PmpoesisipoedenWU00UF7J • Drainage Impr mentsMnglneenng Fee Smakdown 12M5=10 10 -25 -07 ATTACHMENT TC TERMS AND CONDITIONS OF AGREEMENT 1. DEFINITIONS: The term Owner as used herein refers to the City of LaPorte, Texas . ThetermFNIasused herein refers to Freese and Nichols, Inc., its employees and agents; also its subcontractors and their employees and agents. As used herein, Services refers to the professional services performed by Freese and Nichols pursuant to the AGREEMENT. 2. CHANGES: Owner, without invalidating the AGREEMENT, may order changes within the general scope of the WORK required by the AGREEMENT by altering, adding to and/or deducting from the WORK to be performed. If any change under this clause causes an increase or decrease in FNI's cost of, or the time required for, the performance of any part ofthe Services under the AGREEMENT, an equitable adjustment will be made by mutual agreement and the AGREEMENT modified in writing accordingly. 3. TERMINATION: The obligation to provide services under this AGREEMENT maybe terminated by either party upon ten days' written notice. In the event of termination, FNI will be paid for all services rendered and reimbursable expenses incurred to the date of termination and, in addition, all reimbursable expenses directly attributable to termination. 4. CONSEQUENTIAL DAMAGES: In no event shall FNI or its subcontractors be liable in contract, tort, strict liability, warranty, or otherwise for any special, indirect, incidental or consequential damages, such as loss ofproduct, loss ofuse ofthe equipment or system, loss of anticipated profits or revenue, non - operation or increased expense of operation or other equipment or systems. 5. INFORMATION FURNISHED BY OWNER: Owner will assist FNI by placing at FNI's disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. FNI shall have no liability for defects or negligence in the Services attributable to FNI's reliance upon or use of data, design criteria, drawings, specifications or other information furnished by Owner and Owner agrees to indemnify and hold FNI harmless from any and all claims and judgments, and all losses, costs and expenses arising therefrom. FNI shall disclose to Owner, prior to use thereof, defects or omissions in the data, design criteria, drawings, specifications or other information fiunished by Owner to FNI that FNI may reasonably discover in its review and inspection thereof. 6. INSURANCE: FNI shall provide to Owner certificates of insurance which shall contain the following minimum coverage (All limits in thousands): Commercial General Liability Workers' Compensation General Aggregate $2,000 Each Accident $500 Automobile Liability (Any Auto) Professional Liability CSL $1,000 $3,000 Annual Aggregate 7. SUBCONTRACTS: If, for any reason, at any time during the progress of providing Services, Owner determines that any subcontractor for FNI is incompetent or undesirable, Owner will notify FNI accordingly and FNI shall take immediate steps for cancellation of such subcontract. Subletting by subcontractors shall be subject to the same regulations. Nothing contained in the AGREEMENT shall create any contractual relation between any subcontractor and Owner. 8. OWNERSHIP OFDOCUMENTS: All drawings, reports data and other project information developed in the execution of the Services provided under this AGREEMENT shall be the property of the Owner upon payment of FNI's fees for services. FNI may retain copies for record purposes. Owner agrees such documents are not intended or represented to be suitable for reuse by Owner or others. Any reuse by Owner or by those who obtained said d6cuments from Owner without written verification or adaptation by FNI will be at Owner's sole risk and without liability or Iegal exposure to FNI, or to FNI's independent associates or consultants, and Owner shall indemnify and hold harmless FNI and FNI's independent associates and consultants from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle FNI to Rather reasonable compensation. FNI may reuse all drawings, report data and other project information in the execution of the Services provided under this AGREEMENT in FNI's other activities, Any reuse by FNI will be at FNI's sole risk and without liability or legal exposure to Owner, and FNI shall indemnify and hold harmless Owner from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Page 1 of 2 FNI OWNER October 12, 2011 Rodney Slaton, P.E. City of La Porte 604 W. Fairmont Parkway La Porte, Texas 77571 Re: West F Street Drainage Improvements — Contract Amendment #1 Dear Rodney, Enclosed is the cost proposal for additional work associated with the West F Street Drainage Improvements project. The first item is the additional work associated with the revisions to the drainage area map and subsequent redesign of the proposed storm sewer improvements. The second item is the additional work associated with the addition of relocating the existing waterline along 16 Street for a distance of approximately 1,000 feet from C Street to E Street. FNI proposes a total of $10,340 for additional fees as outlined below: 1. Additional Fee of $4,630 to Basic Services for the revisions to the drainage area map. 2. Additional Fee of $5,440 to Basic Services for the additional waterline design and associated contract document revisions. 3. Additional Fee of $270 to Bid Phase Services for the additional contract documents associated with the waterline relocation If additional information or clarification is desired, please do not hesitate to contact me. Sincerely, Freese and Nichols, Inc. William Cla Herndon, P.E. E Y� Project Manager Enclosure Cc: Julian Garza, P.E. (City of La Porte) Ron Bavarian, P.E. (Freese and Nichols, Inc.) (PRL11219) tJ:\1\LPT10452\PM \Contract Amendment #1\Proposal Transm Letter.docx 11200 0roaday St„ Suite 2332 • Pearland, Texas 77584 • 832 -456 -4700 • fax 832- 456 -4700 www,treese,com Rev. ©6110 F CONTRACT CHANGE AUTHORIZATION FORM 'AKHOLS Amend #l1 Client: FNI Project No. LPT10452 City of La Porte, Texas Client Contract Ref.: PO #CP1197 604 W. Fairmont Parkway Date: La Porte, Texas.77571 Attn: Rodney Slaton, P.E. October 12, 2011 Project Description: West F Street Drainage Improvements Description of Services Added /Deleted: • Additional Fee for Drainage Area Recalculations and subsequent re- design • Additional Fee for design of approx. 1,000 LF of 8" WL with appurtenances along 16 Street from C Street to E Street Deliverables: • Associated plans, specifications and contract documents Compensation shall be adjusted as follows: Original Contract: • Design Phase -- $38,426 • Bid Phase - $910 • Expenses - $290 Proposed Contract Amendment: • Design Phase - $48,496 • Bid Phase - $1,180 • Expenses - $290 Original Contract $39,626 Amended Amount $10,340 Revised Total Contract $49,966 Schedule shall be adjusted as follows: To be delivered separately. The above described services shall proceed upon return of this Contract Change Authorization. Services will be billed as they are done. All other provisions, terms, and conditions of the agreement for services which are not expressly amended shall remain in full force and effect. ❑ A contract modification will be submitted. ® This Contract Change Authorization will serve as contract modification. FREESE AND NICHOLS, INC.: CITY OF LA PORTE: DATE: /0— /?– —) BY: Print or Type Name TITLE: DATE: 4055 INTERNATIONAL PLA7A, SUITE 200 1 FORT WORTH, TEXAS 76109 -4895 1 TELEPHONE: 817 - 735 -7300 1 METRO; 817.429 -1900 I PAX: 817 - 735.7491 L:1Resourceslebsl REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 12 -12 -11 Requested By: Kenith Adeox Department: 1 OW0 Report: Resolution: Ordinance X Exhibits: Ordinance Exhibits: Mutual Use Agreement w/ required exhibits SUMMARY & RECOMMENDATION City Council approved a Capital Improvement Project for the current Fiscal Year for the construction of a Commercial Vehicle Inspection pad site. Since the pad site is located under Highway 146 at Barbours Cut Boulevard, the City is required to enter into a Multiple Use Agreement with the Texas Department of Transportation for the construction, maintenance and operation of the site. Project Benefits, Liabilities, Operating Costs Because of its proximity to the Port of Houston, the area surrounding the intersection of Highway 146 and Barbours Cut Boulevard consistently experiences very heavy truck traffic. A secure commercial vehicle inspection site at this location will allow for the Police Department's assigned DOT Officers to safely inspect these vehicles and reduce dangerous exposure of officers and truck drivers to traffic while these duties are being performed. While the City of La Porte's General Liability Insurance (See Exhibit D), should protect the City relating to any injury or damage claims arising from activities occurring on the proposed site, maintenance and operation of the site shall be entirely the responsibility of the City. Since the improvements in question will be limited to a single large concrete slab and no structures of any kind are being proposed, maintenance should be limited to keeping the area clean, sanitary, and in good repair. Since the slab is being appropriately engineered to withstand heavy loads and will be new construction, maintenance and repairs are expected to be very minimal and should not be required for several years. As such, additional and on -going costs are not anticipated as part of operating the site in question. Action Required by Council: Consider approval or other action of an Ordinance authorizing the Mayor to execute a Multiple Use Agreement with the Texas Department of Transportation. Approved for City Council Agenda Steve Gillett, Interim City Manager Date ORDINANCE NO. 2011- AN ORDINANCE APPROVING AND AUTHORIZING A MULTIPLE USE AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE TEXAS DEPARTMENT OF TRANSPORTATION, FOR OPERATION OF A COMMERCIAL VEHICLE INSPECTION PAD ON HIGHWAY 146 AT ITS INTERSECTION WITH BARBOURS CUT BOULEVARD; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, a copy of which is on file in the office of the City Secretary. The Mayor is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 12th day of December, 2011. ATTEST: Patrice Fogarty City Secretary APPROVED: Clark T. Askins Assistant City Attorney CITY OF LA PORTE Louis R. Rigby Mayor 1) 7axar Department of 7ransporfafhn Form 2044 (Rev. 06111) Page 1 of 9 STATE OF TEXAS § COUNTY OF TRAVIS § MULTIPLE USE AGREEMENT THIS AGREEMENT made by the State of Texas by and between the Texas Department of Transportation, hereinafter referred to as "State", party of the first part, and the City of La Porte, Texas , hereinafter called City party of the second part, is to become effective when fully executed by both parties. WITN WHEREAS, on the 12th body for the day of December 2011 the governing City , entered into Resolution /Ordinance No. reference, authorizing the City this agreement with the State; and WHEREAS, the City construction, maintenance and operation of a public Commercial Vehicle Inspection Pad hereinafter identified by s participation in has requested the State to permit the on the highway right of way, (General description of area) under Highway 146, on the south side of Barbours Cut Blvd. shown graphically by the preliminary conceptual site plan in Exhibit "A" and being more specifically described by metes and bounds of Exhibit "B ", which are attached and made a part hereof; and WHEREAS, the State has indicated its willingness to approve the establishment of such facilities and other uses conditioned that the City will enter into agreements with the State for the purpose of determining the respective responsibilities of the and the State with reference thereto, and conditioned that such uses are in the public interest and will not damage the highway facilities, impair safety, impede maintenance or in any way restrict the operation of the highway facility, all as determined from engineering and traffic investigations conducted by the State. Form 2044 (Rev. 06111) Page 2of9 AGREEMENT NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: 1. DESIGN AND CONSTRUCTION City will prepare or provide for the construction plans for the facility, and will provide for the construction work as required by said plans at no cost to the State. Said plans shall include the design of the access control, necessary horizontal and vertical clearances for highway structures, adequate landscape treatment, adequate detail to ensure compliance with applicable structural design standards, sufficient traffic control provisions, and general layout. They shall also delineate and define the construction responsibilities of both parties hereto. Completed plans will be submitted to State for review and approval and when approved shall be attached to the agreement and made a part thereof in all respects. Construction shall not commence until plans have been approved by the State. Any future revisions or additions shall be made after prior written approval of the State. Any sidewalks, curb ramps and other pedestrian elements to be constructed, either on site or off site, by the City shall be in accordance with the requirements of Title II of the Americans With Disabilities Act (ADA) and with the Texas Accessibility Standards (TAS). Elements constructed by the City and found not to comply with ADA or TAS shall be corrected at the entire expense of the City 2. INSPECTION Ingress and egress shall be allowed at all times to such facility for Federal Highway Administration personnel and State Forces and equipment when highway maintenance operations are necessary, and for inspection purposes; and upon request, all parking or other activities for periods required for such operations will be prohibited. 3. PARKING REGULATIONS Parking regulations shall be established limiting parking to single unit motor vehicles of size and capacity no greater than prescribed for 1 ton trucks, such vehicles to conform in size and use to governing laws. Parking shall be permitted only in marked spaces. Parking shall be prohibited when a security threat, as determined by TxDOT, exists. Form 2044 (Rev. 06/11) Page 3 or 9 4. PROHIBITION/SIGNS Regulations shall be established prohibiting the parking of vehicles transporting flammable or explosive loads and prohibiting use of the area in any manner for peddling, advertising or other purposes not in keeping with the objective of a public facility. The erection of signs other than those required for proper use of the area will be prohibited. All signs shall be approved by the State prior to the actual erection. 5. RESPONSIBILITIES Maintenance and operation of the 'facility shall be entirely the responsibility of the City . Such responsibility shall not be transferred, assigned or conveyed to a third party without the advanced written approval of the State. Further, such responsibility shall include picking up trash, mowing and otherwise keeping the facility in a clean and sanitary condition, and surveillance by police patrol to eliminate the possible creation of a nuisance or hazard to the public. Hazardous or unreasonably objectionable smoke, fumes, vapor or odors shall not be permitted to rise above the grade line of the highway, nor shall the facility subject the highway to hazardous or unreasonably objectionable dripping, droppings or discharge of any kind, including rain or snow. 6. FEES Any fees levied for use of the facilities in the area shall be nominal and no more than are sufficient to defray the cost of construction, maintenance and operations thereof, and shall be subject to State approval. A. Retention Period. The City shall maintain all books, documents, papers, accounting records and other evidence pertaining to fees collected and costs (hereinafter called the Records). The City shall make the records available during the term of the Agreement and for four years from the date the Agreement is terminated, until completion of all audits, or until pending litigation has been completely and fully resolved, whichever occurs last. B. Availability. The State or any of its duly authorized representatives, the Federal Highway Administration, the United States Department of Transportation, Office of Inspector General, and the Comptroller General shall have access to the City 's records that are directly pertinent to this Agreement for the purpose of making audits and examinations. 7. TERMINATION UPON NOTICE This provision is expressly made subject to the rights herein granted to both parties to terminate this agreement upon notice, and upon the exercise of any such right by either party, all obligations herein to make improvements to said facility shall immediately cease and terminate. Form 2044 (Rev. 06/11) Page 4 of 9 8. MODIFICATIONITERMINATION OF AGREEMENT If in the sole judgment of the State it is found at any future time that traffic conditions have so changed that the existence or use of the facility is impeding maintenance, damaging the highway facility, impairing safety or that the facility is not being properly operated, that it constitutes a nuisance, is abandoned, or if for any other reason it is the State's judgment that such facility is not in the public interest, this agreement under which the facility was constructed may be: (1) modified if corrective measures acceptable to both parties can be applied to eliminate the objectionable features of the facility; or (2) terminated and the use of the area as proposed herein discontinued. 9. PROHIBITION OF STORAGE OF FLAMMABLE MATERIALS All structures located or constructed within the area covered by the agreement shall be fire resistant. The storage of flammable, explosive or hazardous materials is prohibited. Operations deemed to be a potential fire hazard shall be subject to regulation by the State. 10. RESTORATION OF AREA The City shall provide written notification to the State that such facility will be discontinued for the purpose defined herein. The Ci shall, within thirty (30) days from the date of said notification, clear the area of all facilities that were its construction responsibility under this agreement and restore the area to a condition satisfactory to the State. 11. PREVIOUS AGREEMENTS It is understood that this agreement in no way modifies or supersedes the terms and provisions of any existing agreements between the parties hereto. 12. INDEMNIFICATION Each party acknowledges that it is not an agent, servant, or employee of the other party. Each party is responsible for its own acts and deeds and for those of its agents, servants, or employees. Neither party hereto intends to waive, relinquish, limit or condition its right to avoid any such liability by claiming its governmental immunity. When notified by the State to do so, the other party hereto shall within thirty (30) days from receipt of the State's written notification pay the State for the full cost of repairing any damages to the highway facility which may result from its construction, maintenance or operation of the facility, and shall promptly reimburse the State for costs of construction and/or repair work made necessary by reason of such damages. Form 2044 (Rev, 06111) PBga 5 of S Nothing in this agreement shall be construed as creating any liability in favor of any third party against the State and the Cit . Additionally, this agreement shall not ever be construed as relieving any third party from any liability against the State and the City shall become fully subrogated to the State and shall be entitled to maintain any action over and against the third party which may be liable for having caused the City to pay or disburse any sum of money hereunder. 13. HOLD HARMLESS The City shall indemnify and save harmless the State and its officers and employees from all claims and liability due to its materials or activities of itself, its agents, or employees, performed under this agreement and that are caused by or result from error, omission, or negligent act of the party or of any person employed by the party. The City shall also indemnify and save harmless the State from any and all expense, including but not limited to attorney fees that may be incurred by the State in litigation or otherwise resisting the claim or liabilities that may be imposed on the State as a result of such activities by the C ity , its agents, or employees authorized under this agreement. The City further agrees to indemnify and save harmless the State from and against all claims, demands, and causes of action of every kind and character brought by any employee of the party against the State due to personal injuries and/or death to such employee resulting from any alleged negligent act by either commission or omission on the part of the City . The indemnification of the State shall extend for a period of three (3) years beyond the date of termination of this agreement. 14. INSURANCE The Ci , shall provide necessary safeguards to protect the public on State maintained highways including adequate insurance for payment of any damages which might result during the construction, maintenance and operation of the facility occupying such airspace or thereafter, and to save the State harmless from damages, to the extent of said insurance coverage and insofar as it can legally do so. Prior to beginning work on the State's right of way, the City 's construction contractor shall submit to the State a completed insurance form (TxDOT Form No. 1560) and shall maintain the required coverage during the construction of the facility. Form 2044 (Rev. 06111) Page 6 or 9 16. USE OF RIGHT OF WAY It is understood that the State by execution of this agreement does not impair or relinquish the State's right to use such land for highway purposes when it is required for the construction or re- construction of the traffic facility for which it was acquired, nor shall use of the land under such agreement ever be construed as abandonment by the State of such land acquired for highway purposes, and the State does not purport to grant any interest in the land described herein but merely consents to such use to the extent its authority and title permits. 16. ADDITIONAL CONSENT REQUIRED The State asserts only that it has sufficient title for highway purposes. The City shall be responsible for obtaining such additional consent, permits or agreement as may be necessary due to this agreement. This includes, but is not limited to, appropriate permits and clearances for environmental, ADA and public utilities. 17. FHWA ADDITIONAL REQUIREMENTS If the Facility is located on the Federal -Aid Highway System, "ATTACHMENT A ", which states additional requirements as set forth in the Federal Highway Administration's Title 23, Code of Federal Regulations, § 710, shall be attached to and become a part of this agreement. 18. CIVIL RIGHTS ASSURANCES The City , for itself, its personal representatives, successors and interests and assigns, as part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that: (1) no persons, on the grounds of race, color, sex, age, national origin, religion or disabling condition, shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facility; (2) that in the construction of any improvements on, over or under such land and the furnishing of services thereon, no person on the ground of race, color, sex, age, national origin, religion or disabling condition, shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; (3) that the City shall use the premises in compliance with all other require- ments imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non - discrimination in Federally- Assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. That if in the event of any breach of the above non - discrimination covenants, the State shall have the right to terminate the agreement and reenter and repossess said land and the facilities thereon, and hold the same as if said agreement had never been made or issued. Form 2044 (Rev. 06111) Page 7 of 9 19. AMENDMENTS Any changes in the time frame, character or responsibilities of the parties hereto shall be enacted by a written amendment executed by both parties hereto. 20. LEGAL CONSTRUCTION In case one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any provision hereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this agreement. 21. AUDIT The State may conduct an audit or investigation of any aspect of this agreement. The Ci must provide the State with access to any information the State considers relevant to the investigation or audit. The audit can include, but is not limited to, any contract for construction or maintenance of any facility or structure authorized by this agreement or any contract to provide a service to the City if that service is author- ized by this agreement. 22. AUTHORITY OF STATE AUDITOR The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. 23. COMPLIANCE OF THE LAW The City shall comply with all federal, state, and local law, statutes, ordinances, rules and regulations and with the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this agreement. 24. NOTICES All notices required under this agreement shall be mailed or hand delivered to the following respective addresses: STATE (Mailing Address) Texas Department of Transportation Maintenance Division 125 East 11th Street Austin, Texas 78701 -2483 (Name of other party) (Mailing Address) City of La Porte City Hall 604 W. Fairmont Parkway LaPorte, Texas 77571 Form 2044 {Rev. 06111} Page 8o €9 25. WARRANTS The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented. List of Attached Exhibits: Exhibit A - General Layout Exhibit B - Metes and Bounds Description Exhibit C - Approved Construction Plans Exhibit D - Certificate of Insurance (TxDOT Form 1560) Exhibit E - Attachment A (FHWA Additional Requirements) IN WITNESS WHEREOF, the parties have hereunto affixed their signature, the City on the 12 day of December 2011: . and the State on the day of (Name of other party) B Mayor, City of La Porte Title Louis R_ Rigby Printed Name 12 December, 2011 Date ,20 STATE OF TEXAS Executed and approved for the Texas Transportation Commission for the purpose and effect of activating and /or carrying out the orders, and established policies or work programs heretofore approved and authorized by the Texas Transportation Commission_ By: Director, Maintenance Division Printed Name Date APPROVAL RECOMMENDED. District Engineer Printed Name Date Form 2644 (Rev. 06/11) Page 9 of 9 ATTACHMENT A Inasmuch as this project is on the Federal -Aid highway system, the following additional requirements as applicable with the Federal Highway Administration's Title 23, Code of Federal Regulations, § 710. 1. Any significant revision in the design or construction of the facility shall receive prior approval by the Texas Department of Transportation subject to concurrency by the FHWA. 2. Any change in the authorized use of airspace shall receive prior approval by the Texas Department of Transportation subject to concurrence by the FHWA. 3. The airspace shall not be transferred, assigned or conveyed to another party without prior Texas Department of Transportation approval subject to concurrence by the FHWA. 4. This agreement will be revocable in the event that the airspace facility ceases to be used or is abandoned_ EXHIBIT E v l 0 0 0 v 0 0 ��vv �4.��w 0 0 LV4 vt �````lv , ���� ., R MY4 M ,.... l X EXHIBIT B DE SCRIPTION OF TRACT OIL LAND CONTAINING 0.7747 ACRE (33,748 square feet), SITUATED IN THE RIGHT -OF -WAY OF STATE HIGHWAY 146, UNDERNEATH OVERPASS AND SOUTH OF BARBOURS CUT ]BOULEVARD RIGHT-OF WAY, IN THE CITY LIMITS OF LA PORTE OF HARRIS COUNTY, TEXAS. Being a tract of land containing 0.7747 acre (33,748 square feet), situated in the right -of -way of State Highway 146, underneath overpass and South of Barbours Cut Boulevard right of way, this description of land is not tied to any Block or Land Survey and is merely for land surface rights between the Texas Department of Transportation and the City of La Poste. The metes and hounds as follows: COMMENCING FOR REFERENCE at center of Western most concrete column, located a distance of 86.0 feet South of back of curls of U -turn lane on South side of Barbours Cut Boulevard, underneath State Highway 146, at first set of concrete columns. THENCE West from the center of Western most column a distance of 87.1 feet to a black "X" (P.O.B.) in concrete road of South bound feeder road of State Highway 146, being 1.1 feet West of curved curb, with an East -West line, being the South face of tlue first row of concrete columns South of U -turn lane. THENCE South, a distance of 12.3 feet to Point of Tangent where curved curb unects straight face of curb , being line of West side of Tract, continuing South a distance of 105.7 feet, to the Southwest corner of said Tract. THENCE East, a distance of 286.0 feet to the face of curb on the North bound lane of State Highway 146 feeder road, with an East -West line, being the North face of the second row of concrete columns South of U -turn lane. THENCE North, a distance of 118.0 feet along the face of curb to the Northeast corner of said Tract. THENCE West, a distance of 286.0 feet, with an East -West line, being the South face of the first row of concrete columns South of U- turn, to a blade "X" (P.O.B.), being the Northwest corner of said Tract. Note. This metes and bounds description is referenced to a dlr riving submitted to La Porte by the Texas Department of Trarrsportation. City of La Porte 604 W. Fairmont Pkwy. La Porte, Texas 77571 281 -471 -5020 October 24, 2011 EXHIBIT C NOTE EXPANSION JOINTS TO SE EVERY 40 FEET. MMTBACMON JOINTS TO BE EVERY 40 FEET. ALTERNATE EXPANSION JOINT AND CONTRAC510N JOINT EVERY 20 FEET. �ti WaT. - TG " 4 TG - 20.88 -e .m Q� \ TG - •.. - 1p _ 2.:... :.5 f...,R?as!.4.en " m!!;..f 5 r � � fi V TG AT EXPANSION JOINTS tit " "'� w, p W, a Nt c m- o-wso� e- 4 CITY OF LA POR' - E ' :, r.e sG2sa, op 4 - ?l r.,• �� ' TO m 20.86 - . -, TG 20.32 � .z. TO a 2CIS M1�' • .4 m8 �� ''iiff N F i e A& TO a 2G.40 �L TO - 20.81 � f Y. I� =fin 1 TO � 20.7A -- rTe - 1C." n9 V '� TG - 20.31 � 3 ,pa DH. qm TG - 20.9 MATCH EXIETJ 'NOR Y 146 FEEDER ROAD >�� vP pgaysww.peslexsParzmw v — :xox. %s.�nuw,ve m�. :wlnwc.iee PAVING NOTE: PAVING TO EE 10" THICK CCNCRETE W/ 05 REBAR ON 16" CENTERS W/ T2" LIME STABILJTE9 BASE (8R BY 41 cKT) S 80UND ANE SH 146 FEEDER ROAD . r�,a sow mr puRp a <rTrtn HOT —nD RU39ER Jwl sMING COWOV Ic v Tv T Nlr TG Na 'l AsPrvyT CGRTEO 'JCWELS T ! T L H0.5 BINS ON IB' CTMIS. 1 A 05 E WRIT IRE RI rIE TRANSVERSE CONTRACTION JOINT r T DpWE. COATING JOINI OOMPD{1N➢ '-� 2G LNJGE STEEL T. [ A9 gPPA0YE3 6x 1 o .ICINt F. LSR 1REO'N000 OR OYi'FESi DOgRO 1 TRANSVERSE EXPANSION JOINT 9 OF CARD TO Dh:K OF CI D •.. - 1p _ 2.:... :.5 f...,R?as!.4.en " m!!;..f 5 r _ SPACING DIAGRAM FOR TOWELS CITY Or LA PD PL INNING Psd spo:a� su>a< P>:. AT EXPANSION JOINTS tit " "'� �i •ux pc pPpiixi ro�<�N`ufic ei%i�anuc [ Nmekaw cwalxm u•m aese9Y�e]. ,xlry IH WNFWUTAVpe mall nE olmlxeNd:6 6 IN[ drc cP u PURL Tx�S 9iE FW FcH 51C IxPNTUF1,Fxls � ye. =vNw.�E�l• wel c wr -a rn4 vnc <nw meI = m " =wn morn on wP m, plm dg6Tm, RNININC rNAxl1¢vr OENEAAI NOTES I .mry�po�opalaNPN�PRg1 IN PMWncm �v Pgtx:Pey }¢qeP; megpINATS LOCR110N6N'ITI :, :'p�.�M�`"[,•. �e'i;�r�� g : ° F`z ° reaa�,xx �. cowraAamq vufYaenlu.Reaagxp couaLr xrm qw FmTC�u:cALgp IN YNE Poq }Pxeoggeom,eupacoµ �� ��ICmeavxc p�emcl, cze tn SIN: 1pagq, �'x "n«q dd[aPPAr„rigpq gsdNlD� pgoM,nq xxo -e ccmr��cxeq:igii[m,1:n oe`m w� ..no: rw vuw u rtwre mus nsr: VICINITY MA? a RN No: Dswss NorthaY; 13S133a],a: Eesttncl 3ZZ]Z26.53 - e.PVOEan: Tc"a< south Fl NAC H] ncNptkn: F oodploln Rdercnco 31ork Numhcr e � e4A arm�x a1 O ss Alsc stomp�a w.1 OaocCa on vo "1 so %or �ic. ao�:n.ao 0 �o n� u.. 1Fl W" sr m Kaux_p <om a 210-ca -DO •.. - 1p _ 2.:... :.5 f...,R?as!.4.en " m!!;..f 5 r [ agwliA: CITY Or LA PD PL INNING Psd spo:a� su>a< P>:. CLEV. '10.E6 : ee! NA1T 1588. . X 30Ol01 A!ryal<d. tit " "'� w, p W, a Nt c m- o-wso� e- �'oNinoN. o " >iDONEr � suTGH CITY OF LA POR' - E r.e sG2sa, op 4 - ?l LA PORTE D.O.T. WEIGH ST 4TSON 607 N. H1W 146 CITY OF LA PORTE, TEN %S cc "g'a` `o fi ma i�d working Point (at l ntersection of nomjnc; I.D.) C TrTm»ed Edge of Pipe d L� NOTE: All Cross Pipes, eclauletiaas, p a'imensTOnS are b,,ed an `he pipe cvlvertE it red as 6nawn In thig detail. A3 }er,at. styles of mitered ends will require that e o vppue g r p1e5enteC S on this the Ss teroard. SIDE ELEVATION OF TYPICAL PIPE CULVERT MITER IShawing Carrugoted Metal Plpe Culvert.) I Det.11s at Cancrete P; ➢e Culvert pre similor.l Gross Pipe Len O'!h 2" Q2 IS- Table) Gt (See Tablet 2" i C..... Pipe CrO5s Pipe er aver ' Inside C.f.ide 5 /r Dia Sorrel Barrel Thrauah i�Ho_le (Typ) PIPE w/ BOLTED ANCHOR 3` x6 Anchor Bar T s 1' - 4' f'y ➢I 30' TYp Typ Tym - - - - _ - r �Of O Bend first CYa35 Pipe 0 0� Aoohor B.r6 as n- eesgory ^� t maintain 2" clear l cover To ee page C o`] Cancret RID e i ➢rap 0 c Rj prop Crag, Pipe ITypl Flow Line 7....II \ ISOMETRIC VIEW OF TYPICAL INSTALLATION -- ---- ----- -- - --- - l 6" 4" Flow See DETAI4 Clear Limits of Riprap - f:. be included - ➢ w:tM1 S.E.T. for Tangent to - Payrnen') c _ I widest port;., = T of Pipe CU lvert Riprce Pipe Culvert - # Pipe Culver} IC. M. P. Or RTprCp N MM P. or Con oretel Ccncrste) SHOWING TYPICAL PIPE SHOWING CROSS PIPE CULVERT & RIP.ip WITH ANCHOR BAR Max Ea s at 2-p" Mar - -- .O b' Mir. r rL Cross Pipl,e ff fu5h �I ( with to], of Riprap) I Tr its -led Edge of Pipe 011-17 -- YlCrki no Cr... Pape Point Anchor Holt -.J - 1 Cross P pe OO 0.I o y I Top a' Cross � 'lE Pipe OIL i 3 r PIPE W/ ANCHOR BARS r r. Cross P ipe T YP - Anchor Bar x I' -I" CTypl SECTION C -C ., - ? ^ TOp of Riprap ril o Line End of Invert 3 N for Cancrete Pipe C41v¢r} 3" N.in 12 I/ uver M.F. ' w/ C. M. P. DETAIL A 1'iho'xing Invert with Corrugated Metal Pjpe Culvert. Conore to Pipe Culvert details are Similar, Crass Pipes not shown for old, ity.l 17�Prep .� o + N n a �ti Flaw Line SECTION S -B (Cross Pipes hat shown for clorlty.l CROSS PIPE I Mr17ltd ,mural, a _. r-1 CROSS P I P E DETAILS rL Cr.56 PIP. (flush nR Pejnforainq 2" with tap of R'rpr.p) AnOhar B.r MIn LIMTts of Ripror <to be included with S.E.T, for payment) 2-0" Cross Pipes z SIDE ELEVATION OF CAST —IN —PLACE CONCRETE 1petai [5 at ) CO9 uqo D Me ., Pipe Culvert are similar.) 4" urn RI Q or GI 2" Mtn w 34" x :2" Bait y He% Nut g l4asher i �� rL Cross Pipe [f lush With top of Riprcpl Anchor Center Anchor T.ewo ry Solt between Pipe Culver, Pipe Culvert Coneretel Pipe Culvert I.C. Pipe Culverr (nominal) Spa - G SHOWING CROSS PIPE WITH BOLTED ANCHOR SECTION A —A U The proper instnllotion of the first Cross Pipe 's critical far vehicle safety, 7rle top of the first Cross Pipe m he PiOOed of no more titan 6" Gb.ve the floly I in, , us. O Slze of Cross pipes, exc pt the first bottcrR pile, shelf be as shown in the PIPE SIZE tools. The `irst tattom pipe shad be 3' /Z" Staneare Pipe 14" C.D.). 3O The third Cross Pipe from the bottm of the Culvert site;( a rwoys ee Installed using a baited ConneotTer. Core shall be taken toe ere that A canarete d nog ?oes fl ow into the Cross Pipe as to permit Disassembly of the bolted c heal;., to allaW C19anp it Ccaeg S. At the Cortrootor's opt jan, Oil other Cross Pipes Rpy also Oe Installed aging the bolted .."ecti art det.I l5, s O Match Crass Slope as shown elsewn... jr. the piers. Cross Slope of 6:1 or H otter js required for Yenicle safety. O RTProP places beyond the limits shown wilt be pcid as Concrete RlpreD m accordance .. th Item 432, 'Rl era ❑ ". © Quantities mown are fa e r on end a- one r inforC_a Ccncrete Pipe Calvert. For murtiplepipe Gclverts for Carregoteo Lletol Pipe Culverts, q ... tlties wj:l need to be ]djuste d, Riprap quanf if iCS are for Can1'r Oatpr "s ,n.crmati ]n only. GENERAL NOTES: Crass Pipe6 are de5ignetl for a trOD — Tnq load of TD, 000 pounds a� yield O rec.rr ,ended by Research Report 280-2F, "Safety Tre.tme rt of of Roadside Parcllef- Drainage Struct Are a ", Texas T ran6part'atian Institute, March 1961. Safety End Treatments shown herein or intendetl for use in those jnstc1IOt10ns where cu of Cantrol Vehicles are IiRely fo irpYer EE ens pPe,I,g0 approxilratply perAend'rcular to the Cro$ Pipes. ';E-" and all n esscry inverts shot be Concrete Riprc, conforming to the requl'ement5 o{ Stem 432, "RiProp ". Payment for ripr.p end +..wall is included in the Price Bid for eecn Safety Ena Treaine.t. Cross Pipes Shall cenforn to the requ rements Of ASTIR A53 17ype E or S, Grade B1, AST.( A500 (G"Oe E), or API 5L %52. Batts one nuts shell conform to ASTM .,307. Ati steel components, except concrete reinforcing, moll be galvanized after fabricarTOn. GaIVOnizing damaged during transport ar C nsti__t,Oh shat! be repo red in oewrd.noe with the specl.,cof;Ons. EkL, M. �: ��III s ", PL4NNInG peP :EW plv. f * To'uim :i,e :•� u?....... "...i BM W. FNRLlaNrF Vticw .......... 4'?as,ep; NVa d—L. ]15i, ENGINEER eapNeY L. ,L4nJ ry .e. ,P or�lce aa,az, wRO e awu�norxroerep .len,ew ..war,ai s deems,+ SITEPLAN w o,:thorizea cy co R ON LEL gL4TON F .c apzss, 607 N. HIGHWAY 1 F6 it - ^ CROSS P I P E DETAILS rL Cr.56 PIP. (flush nR Pejnforainq 2" with tap of R'rpr.p) AnOhar B.r MIn LIMTts of Ripror <to be included with S.E.T, for payment) 2-0" Cross Pipes z SIDE ELEVATION OF CAST —IN —PLACE CONCRETE 1petai [5 at ) CO9 uqo D Me ., Pipe Culvert are similar.) 4" urn RI Q or GI 2" Mtn w 34" x :2" Bait y He% Nut g l4asher i �� rL Cross Pipe [f lush With top of Riprcpl Anchor Center Anchor T.ewo ry Solt between Pipe Culver, Pipe Culvert Coneretel Pipe Culvert I.C. Pipe Culverr (nominal) Spa - G SHOWING CROSS PIPE WITH BOLTED ANCHOR SECTION A —A U The proper instnllotion of the first Cross Pipe 's critical far vehicle safety, 7rle top of the first Cross Pipe m he PiOOed of no more titan 6" Gb.ve the floly I in, , us. O Slze of Cross pipes, exc pt the first bottcrR pile, shelf be as shown in the PIPE SIZE tools. The `irst tattom pipe shad be 3' /Z" Staneare Pipe 14" C.D.). 3O The third Cross Pipe from the bottm of the Culvert site;( a rwoys ee Installed using a baited ConneotTer. Core shall be taken toe ere that A canarete d nog ?oes fl ow into the Cross Pipe as to permit Disassembly of the bolted c heal;., to allaW C19anp it Ccaeg S. At the Cortrootor's opt jan, Oil other Cross Pipes Rpy also Oe Installed aging the bolted .."ecti art det.I l5, s O Match Crass Slope as shown elsewn... jr. the piers. Cross Slope of 6:1 or H otter js required for Yenicle safety. O RTProP places beyond the limits shown wilt be pcid as Concrete RlpreD m accordance .. th Item 432, 'Rl era ❑ ". © Quantities mown are fa e r on end a- one r inforC_a Ccncrete Pipe Calvert. For murtiplepipe Gclverts for Carregoteo Lletol Pipe Culverts, q ... tlties wj:l need to be ]djuste d, Riprap quanf if iCS are for Can1'r Oatpr "s ,n.crmati ]n only. GENERAL NOTES: Crass Pipe6 are de5ignetl for a trOD — Tnq load of TD, 000 pounds a� yield O rec.rr ,ended by Research Report 280-2F, "Safety Tre.tme rt of of Roadside Parcllef- Drainage Struct Are a ", Texas T ran6part'atian Institute, March 1961. Safety End Treatments shown herein or intendetl for use in those jnstc1IOt10ns where cu of Cantrol Vehicles are IiRely fo irpYer EE ens pPe,I,g0 approxilratply perAend'rcular to the Cro$ Pipes. ';E-" and all n esscry inverts shot be Concrete Riprc, conforming to the requl'ement5 o{ Stem 432, "RiProp ". Payment for ripr.p end +..wall is included in the Price Bid for eecn Safety Ena Treaine.t. Cross Pipes Shall cenforn to the requ rements Of ASTIR A53 17ype E or S, Grade B1, AST.( A500 (G"Oe E), or API 5L %52. Batts one nuts shell conform to ASTM .,307. Ati steel components, except concrete reinforcing, moll be galvanized after fabricarTOn. GaIVOnizing damaged during transport ar C nsti__t,Oh shat! be repo red in oewrd.noe with the specl.,cof;Ons. EkL, CITY OF LA PCR7E �: ��III s ", PL4NNInG peP :EW plv. f * To'uim :i,e :•� u?....... "...i BM W. FNRLlaNrF Vticw .......... 4'?as,ep; NVa d—L. ]15i, ENGINEER eapNeY L. ,L4nJ ry .e. ,P or�lce aa,az, wRO e awu�norxroerep .len,ew ..war,ai s deems,+ SITEPLAN w o,:thorizea cy co R ON LEL gL4TON F .c apzss, 607 N. HIGHWAY 1 F6 it - ^ TXDOT DETAILS Exhibit Texas Department of Transportation (TxDOT) Form 1560 -055 Professional Provider lusurance CERTIFICATE OF INSURANCE {Rev,Q4 Previous versions of this form may not be use used. Page 2 of 2 Prior to the beginning of work, the Contractor shall obtain the minimum insurance and endorsements specified. Only the TxDOT certificate of insurance for is acceptable as proof of insurance for department contracts. Agents should complete the form providing all requested information then either fax or mail thisform directly to the address listed on page one of this form. Copies of endorsements fisted below are not required as attachments to this certificate. Insured: City of La Porte _ Street/Mailing Address: 604 W Fairinont Pkwy City La Porte State: TX 77571 -6215 Phone Number: 281 -471 -5020 Vendor EIN Number (11 digits) Workers' Compensation Insurance Coverage: Endorsed with a Waiver of Subrogation in favnr of TxnnT Carrier Name! Texas Munici al League Inter overnmental Risk Pool Carrier Phone Number: 800 - 537 -6655 Address: 1821 Rutherford Ln, City: Austin State: TX Zip: 78754 Type of Insurance Policy Number Effective Date Expiration Date Limits of Liability; Workers' Compensation 6707 10/1/11 10/1/12 Not Less Than: Statutory — Texas Comprehensive General Liability Insurance: Endorsed with TxDOT as Additional Insirrad anri with a V4laivar of Rnhrnnntinn in favnr of Tvnr1T Carrier Name: Texas Municipal League Intergovernmental Risk Pool Carrier Phone Number: 800- 537 -6655 Address: 1821 Rutherford Ln. _ City: Austin State: TX Zip: 78754 Type of Insurance: Policy Number. Effective Date: Expiration Date: Limits of Liability: Commercial General 6707 10/1/11 10/1/12 Not Less Than: Liability Insurance Not Less Than: Bodily Injury $500,000 each occurrence Property Damage $100,000 each occurrence OR $100,000 for aggregate Commercial General OR Liability Insurance $600,000 combined single limit Comprehensive Automobile Liability Insurance: Endorsed with TxDOT as Additional Insured and with a Waiver of Siihrnnnfinn in favnr of T,rnrnT Carrier Name: Texas Municipal League Inter overnmental Risk Pool Carrier Phone Number: 800 -537 -6655 Address: 1821 Rutherford Ln. City: Austin State: TX Zip: 78754 Type of insurance: Policy Number: Effective Date: Expiration Date: Limits of Liability: Business Automobile Policy 6707 10 /l /11 10/1/12 Bodily Injury Not Less Than: Property Damage $ 250,000 each person $ 500,000 each occurrence $ 100,000 each occurrence Umdrella Policy fit aonlicablel: Carrier Name: Carrier Phone Number: Address: City: State: Zip: Type of Insurance: Policy Number: Effective Date: Expiration Date: Limits of Liability: Umbrella Policy Authorized Agent name, address and zip code: Texas Municipal League Intergovernmental Risk Pool 1821 Rutherford Ln. Austin, TX 78754 _ This Certificate of Insurance neither affirmatively nor negatively amends, extends, or afters the coverage afforded by the above insurance policies issued by the named insurance company. Cancellation of the insurance policies shall not be made until THIRTY DAYS AFTER the agent or the insurance company has sent written notice by certified mail to the contractor and the Texas Department of Transportation. THIS IS TO CERTIFY to the Texas Department of Transportation acting an behalf of the State of Texas that the insurance policies named meet all the requirements stipulated and such policies are in full force and effect, If this form is sent by facsimile machine (la)o, the sender adopts the document received by TxDOT as a duplicate original and adopts the signature produced by the receiving fax machine as the sender's original signature. The Texas Department of Transportation maintains the information collected through this form. With few exceptions, you are entitled on request to be informed about the information that we collect about you. Under sections 555.021 and 553.023 of the Texas Government Code, you also are entitled to receive and review the information. Under section 559.004 of the Government Code, you are-plso entitled to have us correctnfformation about you that is incorrect. Area Code (800) 537 -6555 iginal 10/2112011 Authorized Agent's phone Plumber Authorized Agent Or Date REOUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: December 12, 2011 Requested By: Donald Ladd Department: Eira Report: Resolution: Ordinance x Exhibits: Ordinance Exhibits: Agreement Exhibits: Appropriation Source of Funds: N/A Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION The City has negotiated a new contract with the City of Shoreacres for Fire Protection Service for a period of thirty -four months, in the amount of $9,834.64 monthly. The new agreement is for fire suppression services and does not include first responder or any medical response. The agreement is for the period starting December 1, 2011 and runs through September 30, 2014. The current contract expired on September 30, 2011 and has been renewing monthly. Staff recommends that Council authorize the Interim City Manager to execute the new agreement. Action Required by Council: Consider approval or other action authorizing the Interim City Manager to execute the agreement with the City of Shoreacres for Fire Protection Services. Approved for City Council Agenda Steve Gillett, Interim City Manager Date ORDINANCE NO. 2011.- AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE C.I.TY OF SHOREACRES, FOR FIRE SUPPRESSION SERVICESi MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT: FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW1 AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section, 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, a copy of which is on file in the office of the City Secretary. The Interim City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all;such documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written. notice. of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by. law preceding this meeting, as required by the Olden Meetings Law, Chapter 551, Texas Government 3 3 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 3. This Ordinance shall: be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this day of 2011. CITY OF LA PORTE By: Louis R. Rigby Mayor ATTEST: Patrice Fogarty City Secretary APPROV D: C r T. Asking Assistant City Attorney 2 AGREEMENT THE STATE OF TEXAS X COUNTY OF HARRIS X This Agreement made and entered into by and between the CITY OF LA PORTE, a municipal corporation of Harris County, Texas hereinafter referred to as "LA PORTE" and the CITY OF SHOREACRES, a municipal corporation of Harris County, Texas, hereinafter referred to as "CITY ", WITNESSETH WHEREAS, CITY is in need of certain governmental services for the benefit of the people and property within its city limits, and WHEREAS, LA PORTE is able and willing to provide said governmental services to CITY, upon the terms, conditions, and covenants herein contained: NOW, THEREFORE, PURSUANT TO THE AUTHORITY GRANTED 13Y Chapter 791, "Interlocal Cooperation Contracts ", Texas Government Code, and in consideration of the mutual covenants, agreements, and benefits to both cities, it is hereby agreed as follows: A. GENERAL PROVISIONS I. st For and during the thirty -four months (34) beginning on the 1 day of December, 2011, and ending th on the 30 day of September, 2014, LA PORTE agrees to furnish CITY, the governmental services hereinafter more specifically described. This agreement shall remain in effect during said thirty -four (34) month term unless canceled by either party as provided in Paragraph A -IV hereof. Furthermore, this agreement shall automatically continue on a month -to -month basis, starting October 1, 2014, until cancelled by either party by the giving of thirty (30) days advance written notice to the other party. This agreement supersedes any prior agreement between the parties on the subject matter hereof II. For and in consideration of the governmental services to be provided by LA PORTE to CITY, CITY agrees to pay LA PORTE as follows, to wit: (1) Monthly base charge for Fire Protection: $9,834.64 (2) The total of such base charges, plus charges for said specific services, to be paid in full by CITY to LA PORTE, on or before the tenth day of the month following the month in which such services were rendered. Payments by CITY shall be made from current revenues available to CITY. III. LA PORTE will not be liable for loss or damage to person or property arising from, caused by, or resulting from alleged negligence of LA PORTE, its employees or volunteers in carrying out the terms of this agreement. CITY agrees to indemnify, and save and hold LA PORTE harmless, from any such claim for loss or damage by itself, or by any person, firm, corporation, or association, in connection with this agreement. I UT Either party to this agreement may cancel by giving sixty (60) days written notice to the other parry. Such notice will be effective as of midnight of the last day of the expiration of such sixty (60) days notice. V. CITY personnel shall abide by all LA PORTE rules, regulations, and policies, as they now exist, or may be amended hereafter, relating to the services rendered including the use of facilities made available to the CITY under the terms of this agreement. B. FIRE PROTECTION I. LA PORTE agrees to provide fire protection, limited to fire suppression services only, and specifically excluding emergency medical services, for real and personal property situated within CITY, for the term of this agreement, upon the terms and conditions herein contained. Sole discretion will rest with the LA PORTE Fire Chief, or his duly authorized assistants, as to the fire fighters and equipment that will answer each fire alarm, provided that protection will be adequate (meaning reasonable protection, considering available fire fighters and equipment of LAPORTE'S Fire Department) and sending of fire fighters and equipment to protect property within CITY will be subordinate to requests for, and rendering of, fire protection within LA PORTE. III. City agrees to pay LA PORTE for fire protection services, the amounts, and in manner, hereinabove specified. St WITNESS OUR HANDS and the seals of our respective Cities, effective as of the 1 day of December, 2011. PASSED AND APPROVED by the City Council of the City of La Porte, by its Ordinance No. , on the day of , 2011. CITY OF LA PORTE By: Interim City Manager ATTEST: City Secretary APR VED: Assist. City Attorney PASSED AND APPROVED by the City Council of the City of Shoreacres, by its Ordinance No. , on the day of , 2011. CITY OF SHOREACRES By: May r ATTEST: City SZ11a r3 APP ' D: City Attorney REOUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: December 12, 2011 Requested By: Michael Dolhv Department: Report: X Resolution: Ordinance: Exhibits: Encumbrance Rollover Report Exhibits: Exhibits: Amount Budgeted: YES Amount Requested: Budgeted Item: YES N NO SUMMARY & RECOMMENDATION The City's fiscal year ended September 30, 2011. At that time, there were 39 outstanding purchase orders, encumbrances and budget roll -over requests. The purchase orders represent goods that were ordered and bu dgeted funds that were committed to procure items necessary to operate the City. A breakdown of t he open purchase orders, encu mbrances and budget roll -over requests by operati ng fund are as follows: Fund Number Amount General Fund 20 $ 95,922.78 Utility Fund 4 7,984.87 Vehicle Maintenance Fund 1 1,794.10 Community Investment Fund 2 4,072.72 Hotel/Motel Fund 5 6,276.00 Section 413 Sales TaxFund 2 1,416.00 Grant Fund 5 9,961.72 Totals 39 $ 127,428.19 The above amendments will not have an impact on the projected working capital balances for fiscal year 2012 because they were budgeted in the fiscal year 2011. Action Required by Council: Consider amending the 2011 year end budget for outstanding purchase orders. Approved for City Council Agenda Steve Gillett, Interim City Manager Appropriation Source of Funds: Various Account Number: Various Date CITY OF LAPORTE ENCUMBRANCE ROLLOVER REPORT For the Fiscal Year Ended September 30,2011 001 C11098 Kendig Keast Collaborative 34,755.17 Comp plan update 001 100220 The Bank of New York Mellon 2,463.00 Paying agent fees 001 110154 Martin Asphalt Company 15,177.87 Annual contract street materials 001 110155 HDR /Claunch & Miller 5,167.71 GIS technical services 001 110257 Lone Star Uniforms 540.00 Police body armor 001 110266 RC Chuoke & Associates 950.00 Professional appraisal services 001 110267 The Brown Company 500.00 Professional appraisal services 001 110317 The Bank of New York Mellon 700.00 Paying agent fees 001 110321 Lone Star Uniforms 1,848.17 Police uniform items 001 110321 Lone Star Uniforms 330.00 Police uniform items 001 110321 Lone Star Uniforms 268.35 Police uniform items 001 110430 Tee's Plus 5,403.60 Police shirts, bracelets, stickers 001 110461 Southwest Signal Supply 4,325.00 Maintenance of traffic control equipment 001 110578 Vulcan, Inc. 5,765.59 Sign material supplies 001 110595 Lone Star Uniforms 2,440.00 Patrol non - contract uniform items 001 110602 Vesco 2,000.00 Year end mailing supplies for tax 001 110563 Northside Overhead Door 2,869.86 2 -12 foot doors with windows 001 110597 Datavox 959.20 Cisco aironet 001 110597 Datavox 959.26 Cisco aironet 001 110610 Digitex Corp. 8,500.00 Copier for CSO 20 Total General Fund 95,922.78 002 110006 DXI Industries 194.25 Purchase liquid chlorine 002 110006 DXI Industries 5,676.00 Purchase liquid chlorine 002 110007 DXI Industries 1,378.00 Purchase sulfur dioxide 002 110063 Gulf Coast Waste Disposal Auth. 736.62 Treat wastewater from Bay MUD service area 4 Total Utility Fund i ,W04.0 i 024 110576 JAM Distributing 1,794.10 Network card 1 Total Vehicle Maintenance Fund 1,794.10 036 110239 Pate Engineers 2,083.87 Main Street traffic study 036 110598 Bo -Tech Electric 1,988.85 Labor and materials to add outlets to Fairmont median 2 Total Community Investment Fun( 4,072.72 037 090614 God in Godwin Productions 650.00 Video production 037 110448 Big Sky Media 375.00 Video camera rental 037 110304 Post Oak Publishing 1,075.00 Advertisement in Clear Lake visitors guide 037 110449 God in Godwin Productions 3,000.00 Video shooting and post production 037 110422 AJR Media Group 1,176.00 Advertising -Texas events and email blast 5 Total Hotel /Motel Fund 6,276.00 038 110191 Civica Software 520.00 Develop support and add a new news article S: \Finance Share\AGENDA ITEMS \12.12.2011 \Encumbrance Rollover to Council FY 2011.xls CITY OF LAPORTE ENCUMBRANCE ROLLOVER REPORT For the Fiscal Year Ended September 30,2011 038 110194 France Publications, Inc. 896.00 Advertisements- March, May and November 2 Total Section 4B Sales Tax Fund 1,416.00 32 110183 Motorola 143.86 Camera kit and installstion 32 110585 Brooks Concrete 1,225.00 Hnadicapped ramps at Brookglen 32 110406 Complete Electrical Services 2,970.00 Electrical upgrades for RFC pools 32 110512 TEA Headsets 5,479.00 U93 connector 32 110183 Motorola 143.86 Camera kit and installstion 5 Total Grant Fund 9,961.72 39 Total Encumbrances $127,428.19 S: \Finance Share\AGENDA ITEMS \12.12.2011 \Encumbrance Rollover to Council FY 2011.xls REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: December 12, 2011 Requested By: Michael Dolby, CPA Department: Finance Report: Resolution: Ordinance XX Exhibits: Ordinance Exhibits: Excerpt from FY 2012 Adopted Budget & Amended Budget (Exhibit A & B) Exhibits: Explanations / Backup for Amendment 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 Council adopted the Fiscal Year 2011 -12 Budget on September 12, 2011. The Summary of Funds, which is shown below, represents the amendments which council previously approved to the FY 2011 -12 Budget. ( *denotes funds with current changes) General Fund Grant Fund Street Maintenance Sales Tax Fund Emergency Services District Sales Tax Fund Community Investment Hotel/Motel Occupancy Tax Economic Development Corporation Tax Increment Reinvestment Zone Utility Airport La Porte Area Water Authority Motor Pool Insurance Fund General Capital Improvement Utility Capital Improvement Sewer Rehabilitation Capital Improvement Drainage Improvement Fund 2005 Certificates of Obligation Bond Fund 2007 Certificates of Obligation Bond Fund 2010 Certificates of Obligation Bond Fund General Debt Service Utility Debt Service La Porte Area Water Authority Debt Service Total of All Funds Action Required by Council: Adopt Ordinance Amending Fiscal Year 2011 -12 Budget for: A. $2,500 in the General Fund for modifications to the Sylvan Beach Pier. Monies will come from the escrow account set up for the pier. B. $30,000 in the General Fund legal division for court reporting and legal fees regarding an appeal case with the police department. C. $24,000 in the Hotel/Motel Fund for Sylvan Beach Depot Museum railcar repairs. Previously Proposed Original Budget Amended Budget Amended Budget $35,992,372 $35,992,372 $36,024,872 580,442 580,442 580,442 1,050,000 1,050,000 1,050,000 705,000 705,000 705,000 229,000 229,000 229,000 353,742 353,742 377,742 1,806,710 1,806,710 1,806,710 1,703,704 1,703,704 1,703,704 7,761,033 7,761,033 7,761,033 133,779 133,779 133,779 1,136,507 1,136,507 1,136,507 2,658,182 2,658,182 2,658,182 5,334,634 5,334,634 5,334,634 3,251,020 3,251,020 3,251,020 931,447 931,447 931,447 350,000 350,000 350,000 195,000 195,000 195,000 67,553 67,553 67,553 408,133 408,133 408,133 174,000 174,000 174,000 3,746,270 3,746,270 3,746,270 306,679 306,679 306,679 693,150 693,150 693,150 $69,568,357 $69,568,357 $69,624,857 Adopt Ordinance Amending Fiscal Year 2011 -12 Budget for: A. $2,500 in the General Fund for modifications to the Sylvan Beach Pier. Monies will come from the escrow account set up for the pier. B. $30,000 in the General Fund legal division for court reporting and legal fees regarding an appeal case with the police department. C. $24,000 in the Hotel/Motel Fund for Sylvan Beach Depot Museum railcar repairs. Approved for City Council Agenda Steve Gillett, Interim City Manager Date NO D O AN ORDINANCE APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD OF OCTOBER 1, 20311! THROUGH SEPTEMBER 30, 2012; FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF SAID BUDGET, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the Charter of the City of La Porte, Texas, and the Statutes of the State of Texas, require that an annual budget be prepared and presented to the City Council of the City of La Porte, Texas, prior to the beginning of the fiscal year of said City, and that a public hearing be held prior to the adoption of said Budget; and WHEREAS, the Budget for the fiscal year October 1, 2011, through September 30, 2012, has heretofore been presented to the City Council and due deliberation had thereon, was filed in the office of the City Secretary on July 25, 2011, and a public hearing scheduled for September 12, 20311 was duly advertised and held. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: SECTION 1 : That the Budget for the City of La Porte, Texas, now before the said City Council for consideration, a complete copy of which is on file with the City Secretary and a summary of which is attached hereto by reference as Exhibit "A" is hereby amended as reflected on the amended budget summary document, attached hereto by reference as Exhibit "B" as the Budget for the said City of La Porte, Texas, for the period of October 1, 2011, through September 301, 2012. SECTION 2 : Be it FURTHER ORDAINED, that the said City Council finds that all things requisite and necessary to the adoption of said Budget have been performed as required by charter or statute. SECTION 3 : 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 4 : This Ordinance shall be in effect from and after its passage and approval. PASSED AND APPROVED this the 12 day of December, 2011. CITY OF LA PORTE, TEXAS • �* T� r a Patrice Fogarty, City Secretary APPROVED: CI 'k As6ins, Assistant City Attorney EXHIBIT A (ORIGINAL BUDGET) City of La Porte Consolidated Summary of All Funds Governmental Fund Types: General Fund Grant Fund Street Maintenance Sales Tax Emergency Services District Community Investment Hotel /Motel Occupancy Tax Economic Development Corporation Tax Increment Reinvestment Total Governmental Types Enterprise: Utility Airport La Porte Area Water Authority Total Enterprise Internal Service Motor Pool Insurance Fund Technology Fund Total Internal Service Capital Improvement: General Utility Sewer rehabilitation Drainage Improvement Fund 2005 CIO Bond Fund 2007 CIO Bond .Fund 2010 CIO Bond Fund Other Infrastructure Total Capital Improvement Debt Service: General Utility La Porte Area Water Authority Total Debt Service FY 11 -12 FY 11 -12 Revenues Expenses 35,532,524 516,622 815,189 815,189 254,846 392,000 1,632,379 1,901,000 41,859,749 35,992,372 580,442 1,050,000 705,000 229,000 353,742 1,806,710 1,703,704 42,420,970 7,878,700 7,761,033 54,500 133,779 1,094,649 1,136,507 9,027,849 9,031,319 2,136,343 2,658,182 4,529,724 5,334,634 170,848 - 6,836,915 7,992,816 1,264,047 3,251,020 439,900 931,447 300,500 350,000 265,350 195,000 - 67,553 - 408,133 2,000 174,000 750 - 2,272,547 5,377,153 3,548,421 3,746,270 297,661 306,679 693,150 693,150 4,539,232 4,746,099 Total All Funds 64,536,292 69,568,357 EXHIBIT B {AIVIE II [1 I T City of La Porte Consolidated un nia of All Funds Governmental Fund Types: General Fund Grant Fund Street Maintenance Sales Tax Emergency Services District COrMnunity Investment Hotel /Motel Occupancy Tax Economic; Development Corporation Tax. Increment Reinvestment Total Governmental Types Enterprise: utility Airport La Forte Area Water Authority Total Enterprise Internal Service Motor Fool Insurance Fund Technology Fund Total Internal Service Capital Improvement: General Utility Sewer Rehabilitation Drainage Improvement Fund. 2005 CIO Bond Fund 2007 C/O Bond Fund 2010 C/O Bond Fund Other Infrastructure Total Capital Improvement Debt Service: General Utility La Forte Area Water Authority Total Debt Service Fit' 11 -12 FY 11-12 Revenues Expenses 35,532,524. 36,024,872 516,622 5801,442 815,185' 1,050,000 815,189 705,000 254,846 229,000 392,000 377,742 1,632,379 1,806,710 1,901,000 1,703,704 41,859,749 42,477,470 7,878,700 7,761,033 54,500 133,779 1,094,649 _ 1,136,5_07 9,027,849 9,031,319 2,136,343 4,529,724 170,848 6,836,915 2,658,182 5,334,634 7,992,816 1,264,047 439,900 300,500 265,350 2,000 750 2,272,547 3,548,421 297,661 693,150 4,539,232 3,251,020 931,447 350,000 195,000 67,553 408,133 1.74,000 5,377,153 3,746,270 306,6'79 693,150 4,746,099 Total All Funds 64,536,292 69,624,857 VV Shelley From: Barr, Stephen Sent: Wednesday, November 09, 2011 8:18 AM To: Wolny, Shelley Cc: Dolby, Michael; Leach, Traci Subject: Budget Amendment - Escrow Fund Expenditure - Sylvan Beach Pier Floodlight Adjustment Attachments: Sylvan Beach Pier Modification documents, 1111.pdf Hello Shelley, As we discussed, this is the documentation for our budget amendment for the December 12 City Council meeting. The bid prices came in much lower than was anticipated based on our original estimate. The low bid is $1,998 which is much better than the original estimate of approximately $13,000. 1 would like to secure an expenditure amount not to exceed $2,500 in case there is some unforeseen problems after the installation starts. There is an email from HC agreeing to the adjustment although not required for projects less than $5,000 by agreement. Thanks in advance for your help on this, and let me know if there is anything else you need from us. O Stephen Parks & Recreation Department 14 niv dedicaied to Ma provision I fill j)r0VA(Y& wllh Plaisure mm!�� Gilbert Smith, Superintendent Harris County Precinct 2 Parks Via email: gi bert.s[�D�ith@ , altiax.net . p_ _ Dear Gilbert: 90 oal 189�? Re Electrical Repair Work; Sylvan Beach Park As we discussed this morning, we need to do some adjustments to the 27 pier floodlights. The current configuration has the floodlight supports perpendicular to the pier and about 30" over the water, making it very difficult to change burnt out bulbs from the pier deck. This was a problem that we didn't identify until we went to change the first burnt out bulb. ItI IIII vinniiiiiilll JfTL the Assuitsm 11MIT.1717111S 111CUIdIII-MI] NdUk �591 _S0_TFiaT_TfI Ule"Luup-r- this, we will need to add additional conduit and wiring from the junction box located under each floodlight, to the floodlight itself. We obtained a working estimate from Complete Electric (the electrical contractor for the pier) for +/- $13,000. We plan to fund the project utilizing the Sylvan Beach Escrow Fund. The current fund balance4± approximately $215,000, so there are sufficient monies available to fund - this needed repair. The operating agreement calls for the City to obtain Harris County approval, for repairs exceeding $5,000. Upon Harris County approval to proceed, we will obtain quotes for the work from 3 responsible electrical contractors and take the most advantageous price. Once awarded, the work should take approximately 30 days to complete, and should not require closing the pier. We are asking for approval from Harris County Precinct 2 Parks, to move forward. We took forward to continue working with you to provide this recreational amenity for La Porte and Harris Countv citizens. Please don't hesit?tp M aivpup a rall nr rptiir nnall Nvith aML0jJP_qj_*­#LS Yj Sincerely, C / h Stephen L. Barr, Director Parks & Recreation Department c: Traci Leach, Assistant City Manager Marlene Rigby, Operations Manager Scott Bradley, Superintendent of Parks 1322 SOLIth Broadway La Porte, Texa�j 77 57 1 Telerfl (28 470-7275 FacsirnRe: (2 1) 4,70-1361 Barr, — telphen From: Smith, Gilbert (Commissioner Precinct 2) [Gil bert. Smith @pct2, hctx. net] Sent: Wednesday, October 26, 2011 2:41 PM To: Barr, Stephen Cc- Leach, Traci; Rigby, Marlene; Bradley, Scott Subject: RE: Sylvan Beach Fishing Pier Electrical Adjustments Proceed. Pet Two Parks is fine with the improvement. Gilbert Smith Superintendent of Parks 281-457-0694 From. Barr, Stephen Sent: Wednesday, October 26, 20112:19 PM To: Smith, Gilbert (Commissioner Precinct 2) Cc: Leach, Traci; Rigby, Marlene; Bradley, Scott Subject. Sylvan Beach Fishing Pier Electrical Adjustments Hello Gilbert, As we discussed, please see the attached documents relating to a proposed SB Fishing Pier adjustment /repair. Give one a call if you have any questions. Thanks in advance for your help. .l Regards, Stephen T3�)tjd VS:LO TTM -60 -Tl The City of La Porte is requesting quotes on Electrical work on the S i�tan Beacht Bier li hts, Any exceptions to the following specifications must be noted in detail. Be sure to include all charges, including freight, handling, delivery, and any ether fees. Quote must be returned on this form. Prices shall he firm for a minimum of thirty (30) clays. Please faX your quotes to Scott Bradley, fax number 289 - 470-1351, by November 9, 2011. If more information is needed, please contact Scott at 281 -470 -5141 or e -mail: brad le s la orteix_ ov Gall or e -mail to set up a site visit if necessary. SPECIFICATIONS Soope of Work unit Extended Move exisUng supports and add circuitry as needed to rotate the (28) flood lights 30- degrees to facilitate ease of maintenance. Location is Sylvan Beach Park Site visit is required --- Contact Ronnie White 0 281 -628 -3262 Freight/Delivery I if estimated, state "not to exceed" price) Itemize any additional fees or charges, You may use another sheet, if necessary. TOTAL COSH' $ lrTi o / ' �._ (price shall be firm and may not be exceeded) State delivery time ARO (after receipt of order) -- -_ _ _ days Vendor Name: __90 7t- 0X-CZ) Q. Phone #: 6 " . 'Lt 2-- 7-`s � Contact name: _P� ILL Sig nature: L A ut VZO l 6 60 AON Unit Extended Move existing supports and add circu ilk, wwwvi wi, site . VIS - it - IS required --- 00''n - ta - dRunnis Whit @ 28 Freight/belivery i 08ti m ated,stato 1611ot t o excgadY5 price) ItemizO SnY additional fee's or charges: YOU May use anothOr sheet, if necessary. TOTAL COST (Price shall be firm and may not be exceeded) State delivery time ARO (after receipt of order) Nov 03 2011 8:088M PFEIFFER & SON 2814716856 p - 3 The City of La Porte is requesting quotes on Electrical work on the Sylvan Beach Fier lights, Any exceptions to the following specifications must be noted in detail. Be sure to include all charges, including freight, handling, delivery, and any other fees. Quote roust be returned on this fora. Prices shall be firm for a minimum of thirty (30) days. Please fax your quotes to Scott Bradley, fax number 251 -470 -1361, by November g, 2011. if more information is needed, ° please contact Scott at 281470 -5141 or e-mail: bradloos @iaportetx.gov Gail or e-mail to set up a site visit if necessary. SPECIFICATIONS Scope of Work Unit Extended Move existing supports and add circuitry as heeded to rotate the (28) flood Eights 90- degrees to facilitate ease of maintenance. Location is Sylvan Beach Park Site visit is required — Contact Ronnie White @ 281- 628 -3262 Freig htlDelivery $ 0 „ - 1 if estimated, state "not to exceed" price) itemize any additional fees or charges: You may use another sheet, if necessary. TOTAL COST $ 6,650.00 (price shall be firm and may not be exceeded) State delivery time ARO (after receipt of order) days Vendor Larne: Pfeiffer and Son LTD. Phone #: 281- 794 -0377 Contact name: Chad Sims Signature: 11. -09 -2811 08.82 PAGE3 10/31/2011 10.2b 2018670630 COMPLETE CLECTRTCAL PAGE 01 The City Of La PORO IS reque$W9 quotes on E 1 1 rt th rr ier ligh Any OxCOPtiOns t0 thO UIOVVing specifications must be noted in detail. Re sure to include all charges, including frol ht, handling, delivery, and any other kos. Quota rust be mturned on this form. Prices sholl be firth fbr a rnIni urn of thkty ( ) dayo, Rase fox your quotas W SWU Bradley, fox nurnbeF 281-470-1 a6i, by November 9, 2011. If more Information Is needed, please Wftct SCOft at 201470G 6141 or e -mail: Call or e-mail to set up a Sit* visit if necessary. SPECIFICATIONS TION ,:. Move existing supports arrd add olmiltry as needed to rotate the ( 8) flood lights degrees to facilitate ease of maintenanos. TOTAL C OW (pOc a shall be firm and may not be exceeded) Contact name: 606 S 10 -31 -2011 11:35 PAGE1 Explanation for Budget Amendment for Legal services Account On 03/01/2011 a LPPD Officer was indefinitely suspended and his service with the City of La Porte terminated relating to LPPD Internal Affairs Case 10 -10 -006. Due to the complexity and serious nature of the allegations, the City Manager approved the hiring of a private law firm, specializing in employee /civil service law. The firm Lynn Pham & Ross was retained to assist with the drafting of various administrative charging documents. Following his termination, the officer filed an appeal under Chapter 143 of the Texas Government Code. Lynn Pham & Ross was retained to represent the City during the appeal process, which has been very involved. To -date, two separate hearing have taken place. Each of these hearings has required the lead attorney to travel to La Porte. Additionally, Chapter 143 requires the City to pay a share of the costs associated with the hearing examiner, court- reporter, etc. The hearings in question have since concluded, however, both sides are currently working on written briefs, which will be submitted to the hearing examiner later this month. The hearing examiner will then issue his final decision on the matter sometime in January, 2012. It is not likely that the City will incur additional costs associated with legal representation after final disposition is made. city o f L Porte To Traci Leach, Assistant City Manager From: Stephen Barr, Director of Parks & Recreation P. Per our previous discussion, the caboose at the Sylvan Beach Depot Museum is in need of some repairs and preventive maintenance. The type of work required to accomplish the repairs and maintenance is best performed by a skilled craftsman with experience in this type of work. For the past year staff has been searching for such a person in the area, who could do the type of specialized work required. I personally visited the Union Pacific Strang Yard to see if they could put staff in touch with someone who could help us do these needed repairs. They recommended a retired person who did this type of work, but staff was unable to make contact with him. Ray Nolen was able to contact the Galveston Railroad Museum to see if they had someone to do the repairs on their railcars. They highly recommended a gentleman by the name of Calvin Wehrle, who has repaired a number of railcars and equipment for the Museum over the past several years, as well as repairs for other railcars in the area (see attachment). Mr_ Wehrle has prepared an estimate of the repairs that need to be made, and a cost that he would charge to make those repairs (see attached estimate). The estimated total for the repairs is just under $22,000. Since the caboose is a major display for the Sylvan Beach Depot, the repairs could be paid for with funds from the Hotel -Motel tax revenues. The contemplated work should be sufficient to bring the caboose up to a good level of appearance and prevent further deterioration. It would make the caboose a showpiece that the museum and the City could be proud of. If you have any questions or need additional information, please do not hesitate to give Scott or me a call. c: Marlene Rigby, Operations Manager Scott Bradley, Superintendent of Park Maintenance Susan Cream, Purchasing Manager Attachments REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 12 -12 -11 Requested By: Traci Leach Department: Administration Report: Resolution: Ordinance Exhibits: Bid Tabulation Exhibits: Bidder List Budget Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION In April 2011, the City Council authorized the sale of three City -owned properties- 908 W. Main, 912 W. Main, and the Old Police Department Building at 915 8 th Street. Main Properties was awarded the contract to serve as the City's broker to market and sell all three properties. The City released Bid No. S 12001 at the end of October 2011 for the sale of 912 W. Main Street and the adjoining parking lots. On October 27 and November 3 the City placed the required advertisement in the Houston Chronicle. Six (6) bid packets were picked up and on November 30, 2011, two (2) bids were opened (see Bid Tabulation attached). The highest bid was received from the Economic Alliance in the amount of $125,000. The Council has the following options available: 1. Accept the highest bid: Staff will move forward with Main Properties to close the sale. Additionally, Council must take action on the following agenda item to approve the action taken by the Economic Development Corporation that authorized the sale of their portion of the property. 2. Reject all bids and begin process of re- advertising the 912 W. Main property: Staff will coordinate with Main Properties to look at options to obtain better bid prices. Additionally, Council must take action to reject the action taken by the Economic Development Corporation that authorized the sale of their portion of the property Reject bids and move forward with a bundled sale of 912 and 908 W. Main properties together: Staff is currently in the process of obtaining an appraisal for the 908 W. Main building. S taff anticipates that both buildings could be advertised together by mid - December for a tentative opening in mid - January. Additionally, Council must take action to reject the action taken by the Economic Development Corporation that authorized the sale of their portion of the property. Action Required by Council: Consider approval or other action awarding bid for the sale of building and adjoining parking lots, located at 912 West Main Street. Approved for City Council A6enda Steve Gillett, Interim City Manager Date SALE OF PROPERTY - BID #S12001 SALE OF 912 W. MAIN STREET BIDDER BID AMOUNT Roberto Trevino $55,000.00 submitted $25,000 Earnest Money Alliance Port Regions $125,000.00 submitted $25,000 Earnest Money 1 p r �: ' ` � %1 1 r f_ � � J � e f u � t � `�� � � �' '' 4r� t i } 't,.r" �� REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 12 -12 -11 Requested By: Traci Leach Department: Administration Report: Resolution: Ordinance Exhibits: Bid Tabulation Exhibits: Site Mai) Budget Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION In April 2011, the City Council authorized the sale of three City -owned properties- 908 W. Main, 912 W. Main, and the Old Police Department Building at 915 8 th Street. Main Properties was awarded the contract to serve as the City's broker to market and sell all three properties. The City released Bid No. S12001 at the end of October 2011 for the sale of 912 W. Main Street and the adjoining parking lots. On October 27 and November 3 the City placed the required advertisement in the Houston Chronicle. Six (6) bid packets were picked up and on November 30, 2011, two (2) bids were opened (see Bid Tabulation attached). The highest bid was received from the Economic Alliance in the amount of $125,000. As part of this sale, the Economic Development Corporation (EDC) owns a portion of the parking lot adjacent to the Shipley Donut Shop, Lots 7 and 8, Block 52, Town of La Porte, Harris County, Texas. The EDC held a meeting on December 12, 2011 and approved the sale of their lots as part of the real estate transaction to sell 912 W. Main Street. Council is required to approve all EDC actions regarding real property. Action Required by Council: Consider approval or other action of the vote taken by the Economic Development Corporation to sell Lots 7 and 8, Block 52, Town of LaPorte, Harris County, Texas as part of the real property sale of 912 W. Main Street. Approved for City Council Agenda Steve Gillett, Interim City Manager Date SALE OF PROPERTY - BID #S12001 SALE OF 912 W. MAIN STREET BIDDER BID AMOUNT Roberto Trevino $55,000.00 submitted $25,000 Earnest Money Alliance Port Regions $125,000.00 submitted $25,000 Earnest Money IJ �� Eti1 S N SL Co rtax'c" r. a.i�iz�e;v� 0 TvES MAIN S7RE' °`� ceearrrf n r �� Wes, i aa. e4Gf.t:,' I S N SL Co rtax'c" r. a.i�iz�e;v� 0 TvES MAIN S7RE' °`� ceearrrf n r �� Wes, i I S N SL Co rtax'c" r. a.i�iz�e;v� 0 TvES MAIN S7RE' °`� ceearrrf n r �� Wes, REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: December 12, 2011 Requested By: Susan Cream Department: Finance/ Purchasing Report: XX Resolution: Ordinance: Exhibits: Bidder's List Exhibits: Evaluation Summary Exhibits: Appropriation Source of Funds: General Account Number: 001 - 6146 - 515 -90 -50 Amount Budgeted: S 250,000 Amount Requested: S21,500 Budgeted Item: yES NO SUMMARY & RECOMMENDATION Advertised, sealed proposals for RFP 412503 — Executive Search Firm were opened on November 29, 2011. Bid proposals were mailed to seventeen (17) vendors with eight (8) responses. A committee of three (3) City staff members evaluated the proposals. Based on the award criteria established in the specifications, Strategic Government Resources (SGR) received the top score by several points over the other vendors. SGR has extensive experience in executive recruitment in Texas, which was important to the evaluation committee. Due to time restraints, staff elected to contact references on the top selected vendor(s) only and did not assign any score on the References criteria; therefore, "N /A" or "not applicable" was noted on the evaluation summary. Staff will be following up to review references from the recommended vendor and the results will be available at the Council meeting. Staff Recommendation: Based on the award criteria established in the specifications, Staff recommends awarding the contract for executive search services to Strategic Government Resources (SGR) in an amount not to exceed $21,500 plus any additional expenses incurred for candidate travel. Travel costs, if necessary, for potential candidates are not included in the base price. Action Required by Council: Consider approval or other action to award RFP 412503 — Executive Search Firm to Strategic Government Resources for an amount not -to- exceed $21,500, plus additional expenses incurred for candidate travel (if necessary). Approved for City Council Agenda Steve Gillett, Interim City Manager Date BIDDER LIST RFP #12503 — EXECUTIVE SEARCH FIRMS ALLEN AUSTIN EXECUTIVE SEARCH FIRM 4543 Post Oak Place, Suite 217 Houston, Texas 77027 COLIN BAENZIGER & ASSOCIATES 12970 Dartford Trail, Suite 8 Wellington, FL 33414 CHRIS HARTUNG CONSULTING PO Box 434 Bedford, TX 76095 RALPH ANDERSEN & ASSOCIATES 5800 Stanford Ranch Road, Suite 410 Rocklin, CA 95765 SLAVIN MANAGEMENT CONSULTANTS 3040 Holcomb Bridge Rd., Suite A -1 Norcross, GA 30071 THE MERCER GROUP 2603 South Oxford Dr. Stillwater, OK 74074 ANCHOR PLANNING GROUP, INC. 725 Jackson St Suite Fredericksburg, VA 22401 CPS HR CONSULTING 241 Lathrop Way Sacramento, CA 95815 CRIMSON LEADERSHIP GROUP 855 W Adams Chicago, IL 60607 GERALD PLOCK ASSOCIATES 7501 Stallion Circle Flower Mound, TX 75022 RAY ASSOCIATES, INC. 1305 San Antonio Austin, Tx 78701 STRATEGIC GOVERNMENT RESOURCES PO Box 1642 Keller TX 76244 THE WATERS CONSULTING GROUP 5050 Quorum Dr., Suite 625 Dallas, TX 75254 THE NOVAK CONSULTING GROUP 211210 Glenmary Ave Chicago, IL 60601 AFFION PUBLIC 20 North 2nd Street Suite 200 Harrisburg, PA 17101 BOB MURRAY & ASSOCIATES 2910 Kerry Forest Parkway D4 -242 Tallahassee, FL. 32309 DAVID GOMEZ & ASSOCIATES 65 East Wacker Place, Suite 1610 Cincinnati, OH 45220 25% 2.30 1 1.80 1.90 2.00 2.00 2.00 1.80 1.50 Against Other Firms) Compliance fAA+"# City needs) 10% R. 0.70 I Strategic Collin Slavin Ralph Scoring I Government Baenzinger CPS HR Ray Management Andersen & The Mercer Afflon Percentage I Resources & Associates Consulting Associates Consultants Associates Group Public 25% 2.30 1 1.80 1.90 2.00 2.00 2.00 1.80 1.50 Against Other Firms) Compliance fAA+"# City needs) 10% R. 0.70 0.70 0.50 0,90 0.70 0.30 0.80 0.70 N/A N/A N/A N/A N/A N/A N/A N/A 0.90 0.80 0.70 0.50 0.70 0.70 0.70 0.70 7.! 6.8 6.6 6.6 &4 61 5.8 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: December 12, 2011 Requested By: Tim Tietjens Department: Planning Report: X Resolution: Ordinance Exhibits: PHA Interlocal Agreement Exhibits: Budget Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: YES NO SUMMARY & RECOMMENDATION In 2007, the Port of Houston Authority (PHA) began construction of its truck pre -check facility along Barbour's Cut Boulevard. The City withheld issuance of the certificate of occupancy because of drainage issues in that area that remained unresolved. The City and the PHA subsequently attempted to resolve the issue by increasing storm water conveyance into the newly - constructed Barbour's Cut drainage system, however it was found to have insufficient additional capacity. Simultaneously the City was generating plans for the East Main Street Drainage Project which also drains to the same point (Bobs Gully at Main Street). As an alternative solution, the City analyzed upsizing the conveyance system to accommodate the proportional share of the project flow of the Pre check facility drainage area. While not the preferred solution, it was deemed viable and of significant benefit to property owners in the area, and the City incorporated it into the design. The City requested the PHA contribute a proportional amount of funding as a means to mitigate that proportional drainage flow. After considerable discussion, PHA staff obtained conceptual approval to contribute (formal Port Commission action is scheduled for 12- 13 -11) and desires to obtain final city approvals for the pre -check facility project. This proposed interlocal agreement with the Port of Houston Authority would allow the City to accept a $235,536.89 PHA contribution for the East Main Street Drainage project. Additionally, the PHA desires to obtain issuance of a permanent certificate of occupancy for the Barbour's Cut pre -check facility. Once the terms of the existing, previously approved SCUP 403 -001 have been satisfied, staff will review and issue a permanent certificate of occupancy if the terms have been satisfactorily completed. Additionally, PHA desired to have a recording of the final plat, which can be completed by City staff as well. All SCUP conditions, as approved in 2003, will continue to remain in effect. Action Required by Council Consider approval or other action of the interlocal agreement with the Port of Houston for the East Main Drainage Project participation. Approved for City Council Agenda Steve Gillett, Interim City Manager Date I INTERLOCAL AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE PORT OF HOUSTON AUTHORITY REGARDING PRE -CHECK FACILITY ALONG BARBOURS CUT BOULEVARD AND THE EAST MAIN STREET DRAINAGE IMPROVEMENTS This agreement is made and entered into this day of , between the City of La Porte, a municipality and political subdivision of Texas, herein called "City", and the Port of Houston Authority of Harris County, Texas, a political subdivision of the State of Texas, herein called "Port Authority ". For mutual benefit and consideration, the City and the Port Authority agree to the following terms and conditions related to the improvements along East Main Street, and improvements within the "Barbours Cut track pre -check facility": A. The Port Authority shall: 1. Within 30 days of final amended plat approval, pay $235,536.89 to the City of La Porte for the East Main Street Drainage Project improvements (as requested in the City of La Porte letter dated July 14, 2011). 2. Within 90 days of the date this agreement is executed, ensure that landscaping for the Barbours Cut truck pre -check facility is installed in accordance with the approved landscape plan as submitted by the Port Authority on July 11, 2007, on file with the City. 3. Within 60 days of the date this agreement is executed, resubmit the final amended plat which aggregates the land (within Blocks 438 -439 and 974 -979 or portions thereof, Town of La Porte) into a single tract (without delineating abandoned rights of way and drainage easements). B. The City shall: 1. Commence the construction of the East Main Street Drainage Project using funding from the Port Authority as stated above, along with City and Harris County funding as secured by the City. 2. Acknowledge the Port of Houston Authority's payment to the City of La Porte for the East Main Street Drainage Project improvements to be appropriate resolution/mitigation and release of all claims regarding the drainage issues associated with the Barbour's Cut area. 3. Acknowledge the Port Authority's right to develop the easternmost undeveloped 3.6 acre portion of property within the approved site plan for the Barbours Cut truck pre -check facility, by way of approval of an amended site plan, at such time as the Port Authority submits a development request in conformance with Special Conditional Use Permit #SCUO3 -001. 4. Approve the final amended plat submitted by Port Authority pursuant to Section A (3) of this agreement, if administratively complete, and file same with the Harris County Clerk for recordation. 5. Issue a permanent Certificate of Occupancy for the Barbours Cut truck pre -check facility contingent upon completion of all elements of Section A above related to Special Conditional Use Permit 4SCUO3 -001. IN WITNESS WHEREOF, the Parties to these presents have executed this agreement in several counterparts, each of which shall be deemed an original, in the year and day first mentioned above. (Seal) ATTEST: BY: CITY OF LA PORTF MM TITLE: (City Secretary of La Porte) (Seal) PORT OF HOUSTON AUTHORITY Mys (Witness) MINURN APPROVED AS TO FORM: iSta+t City Attorney REOUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 12 -12 -11 Requested By: Denise Mitrann Department: Municipal Court Report: X Resolution: Ordinance Exhibits: Power Point Presentations Budget Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION Municipal Court Judge Denise Mitrano, Court Administrator Lynda Kilgore, and Director of Alternative Behavior James Odom will be present to brief the Council on the innovative and cooperative methods utilized by the Court for juvenile offenders. Action Required by Council: None. Approved for City Council Agenda Steve Gillett, Interim City Manager Date EDUCATION James W, Odom Wrector www.alternativebehavior.org Nu w JOEP-JUVENILE OFFENDER EDUCATION PROGRAM Anger Management v- Detillinquent Behavior -v Gang Awareness -v Tohacco A wmareness 2N • HCJPD-HARRIS COUNTY JUVENILE PROBATION DEPARTMENT Consequences Uf -,hoice OLM " 9 9 1 9 1 Nu IMPAU�-CAMPUS INTERVENTION PROGRAM 0, Pasaderva ISU. � mwa M. al m • m I I vo La Porte High Sohol Porte Junior High , K Lomax Junior High -,- Dewalt Alternative Sch,(>Gl 2N MULTI-AGENCY APPROACH 0 La Porte Independent School Di'stric] ME , mmm=mm M= ® Coim!,imiuni'll'ty Youth Servt*t'ces m PROGRAM. GOALS Increase the knowledge of gangs arno)ngst program partners and schGat distrilct personnel OUTCOMES (09-2011) NUfflows 0=09SM41 lilpliq llpqpq�� =9"au-921 ".11 Program model presented at the 2011 Texas School Based Law Enforcement Cictrnference Corpus Christt EDUCATION James W, Odom Wrector www.alternativebehavior.org But the little court, though very beautiful, was very, very sad. group of smart-mouthed, precious little darlings coming to this beautiful Here was a know-it-all, who kept little court. decided that these little darlings needed to be held accountable for their actions! t � 4 eV 4 � f t� "� 1 *R RESPONSIBILITY O OPPORTUNITY C CONSEQUENCES *K KNOWLEDGE sentencing for juveniles who are guilty of Class C Misdemeanors. These criminal charges can become part of a juvenile's permanent criminal record. � Alternative sentencing programs such as the "Rock Program" allow the juveniles opportunities to keep these charges off of their record. xf The purpose of the "Rock Program" is to provide a form of alternative The juvenile may be laced p probation and the f ollowing terms of probation: on 180 day are possible The "Rock Program" Anger Management Classes Alcohol Awareness /Tobacco Awareness and brug Awareness Classes • Gang Awareness Classes • Letters of Apology /Restitution i 1 n` n LOP LOP I V V % V 1 T'1 n` n r i Lop 10 T'1 V %m . Once n juvenile is assigned to the "Rock Program ", it becomes n community project. PROGRAM: La Porte Municipal Court - "Rock Program" - 6ACODA - Frankie BuQQs and Officer Bennie Boles Matt Parson Sgt. Marcus Upchurch La Porte, High School - Jason McConnel, Asst. Principal & ORGANIZATIONS INVOLVED IN THE Kenney- Know -It -All decided to drink alcohol after the football game on Friday night. Officer Larkey decided to show him the error of his ways. Kenney will appear before Judge Mitrano with his parent or guardian and have to face the consequences of his actions. Judge Mitrano may order him to attend an alcohol awareness class and assign him to the "Rock Program." I I v V i 1 -�„ The Juvenile is assigned to the "Rock Program" and is ordered by the Judge to attend class room sessions and perform community service depending on the violation. The classroom sessions are on a Saturday morning from 8:00 a.m. until 12:00 noon. In some cases the parents are ordered to participate. _- Community service hours are assigned depending on the violation. ¢ r r Twilight Cemetery Cleanup North side Cleanup a Placed flags on graves at cemetery on patriotic holidays Coat Drive and Toy Drive at Christmas o Weeding at the Municipal Court and Police Station o Cleanup of walking trail at Little Cedar Bayou Park a Cleanup under Fred Hartman Bridge Participation in Trash Bash Sylvan Beach Cleanup Sanitizing benches, chairs, doors at MC during flu season a Gang Awareness * Drug Awareness * Drinking and Driving 9 Tobacco Awareness o Distracted Driving e Texting and Driving * Bullying * Anger Management * Truancy Consequences of Actions Making Smarter Choices Peer Pressure 40,11 Making the Grades GED Juvenile Detention Feelings & Emotions Relationship with Parents Five Years in the Future 01 1 o PREVENTING THE CONFLICTS OF TOMORROW MEANS CHANGING THE MINDSET OF YOUTH TODAY. Graca Machel- Mandela WE CANNOT ALWAYS BUILD THE FUTURE FOR OUR YOUTH, BUT WE CAN BUILD OUR YOUTH FOR THE FUTURE. Franklin D. Roosevelt COMES FROM THE COURT STAFF. R*O*C*K* 0 N!!!! FAMOUS QUOTE OF ALL � f Washmon n $� < m Cates & Beverly �r � = setti the !ground rules, Jamesis talking about emotions. stick-owup!!! 0 0 Watching Video on brinking & briving laining the l W � f l o r w e bid "'Pick the ! I that"s what These guys are r t i how m a n y jo a 0 HEY DUDE, DOES YOUR BAG OPEN? veryone ha o m m supervisor. done. p itches in! TA t BR The results speak for themselves! A job well done! REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: December 12, 2011 Requested By: Julian Garza Department: Planning Report: X Resolution: _Ordinance: Exhibit: Drainage Report Appropriation Source of Funds N.A. Account Number: N.A. Amount Budgeted: N.A. Amount Requested: N.A. Budgeted Item: _YES NO SUMMARY At the request of the Drainage Committee, staff is providing an update of active projects for Council review. The update to the drainage projects is attached as an exhibit. Staff will be present to answer any questions that Council may have regarding the projects in the report. Action Required by Council: Receive Drainage Report. Approved for City Council Agenda Steve Gillett, Interim City Manager Date CITY COUNCIL DRAINAGE REPORT December 12, 2011 Contract Design and Construction • Design of Sheet Flow Relief Structure Improvements to Creekmont, Fairmont Park West, Brookglen and Fairmont Park East. Pre - construction meeting held June 22, 2011. Construction contracts executed July 12, 2011. Contractor complete with work at Fern Rock, Bandridge, Lazy Brook, Heather Springs and Roseberry. Work at Valley Brook is expected to be completed by the week of November 28 • North and South 16 Streets. Design in progress; plans at 90 %. In -House Design and Construction of City- Initiated Projects • F -216 Regional Detention Project. Construction is approximately 90% complete. • Battleground Estates and Shady River Reports. Reports to be presented during Drainage Committee Meeting to be scheduled in January 2012. • Harris County Hydro Excavation Notice to proceed issued on F 101 -06 -00 Engineering. Work in progress, began November 29 • Battleview Area Survey complete, design 90 %. • East Main. Contract awarded to Paskey, scheduling pre - construction meeting. • Adams Street. Addressing pipeline conflict. In -House Drainage Maintenance Activities • North Shady Lane Working with HOA to secure easement for drainage swale. • Sunrise and Broadway. Plans are complete. Project will be constructed by Public Works but is being delayed to assess the flooding in the area since outfalls were reconstructed by the POH. • In -Fill Drainage Maintenance. Public Works to begin working on Northside ditch grading. Council Agenda Item December 12, 2011 8. ADMINISTRATIVE REPORTS (a) Christmas Holidays — Friday, December 23 & Monday, December 26, 2011 (b) City Council Meeting — Monday, January 9, 2012 (c) City Council Meeting — Monday, January 23, 2012 9. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies — Councilmembers Kaminski, Zemanek, Leonard, Engelken, Mosteit, Clausen, Martin, Moser and Mayor Rigby. 10. EXECUTIVE SESSION The City Council reserves the right to meet in closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code, including, but not limited to, the following: Texas Government Code, Section 551.072 — Deliberation regarding real property: Discussion of the sale of property located at 908 and 912 West Main Street. 11. RECONVENE into regular session and consider action, if any, on items discussed in executive session. **************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Council Agenda Item December 12, 2011 12. Adjourn **************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **