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Home My WebLink About08-12 and 08-13-13 Regular Meeting, including Budget Workshop of La Porte City Council LOUIS RIGBY DARYL LEONARD Mayor Councilmember District 3 JOHN ZEMANEK TOMMY MOSER Councilmember at Large A Councilmember District 4 DOTTIE KAMINSKI JAY MARTIN Councilmember at Large B Councilmember District 5 MIKE MOSTEIT Mayor Pro-Tem Councilmember District 1 MIKE CLAUSEN CHUCK ENGELKEN Councilmember District 6 Councilmember District 2 CITY COUNCIL MEETING AGENDAINCLUDING A BUDGET WORKSHOP ON PROPOSED 2013-2014 FISCAL YEAR BUDGET AND OTHER MATTERS Notice is hereby given of a Regular Meeting, including a Budget Workshop, of the La Porte City Council to be held August 12,2013, beginning at 6:00 p.m.and reconvening at 6:00 p.m. each evening thereafteruntil business is concluded,in the Council Chambers of City Hall, 604 West Fairmont Parkway, LaPorte, Texas, for the purpose of considering the following agenda items. All agenda items are subject to action. The Public Hearing for the proposed 2013-2014 Fiscal Year Budget will be held on September 9, 2013, at 6:00 p.m., at which time the Mayor and City Council will receive public input. 1. CALL TO ORDER 2. INVOCATION – The invocation will be given by Windell Gill, First Baptist La Porte. 3. PLEDGE OF ALLEGIANCE – The Pledge of Allegiancewill be led by Councilmember Daryl Leonard. 4.PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS (a) Proclamation – “Texas Krush Day” – Mayor Rigby 5. PUBLIC COMMENTS (Limited to five minutesper person.) Phillip Hoot – Commercial Development on the Bayfront 6. CONSENT AGENDA (All consentagenda items are considered routine by City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember requests anitem be removed and considered separately.) (a) Consider approval or other actionregarding the minutes of the regular City Council meeting held on July 23,2012 – P. Fogarty (b) Consider approval or other action regarding a Resolution authorizing the resale of certain surplus real propertylocated in Block 330, Town of La Porte – M. Dolby (c) Consider approval or other action authorizing the City Manager to execute an agreement with Shrader Engineering to design a generator installation at La Porte City Hall and the Wastewater Treatment Plant and additional switchgear at thePolice Department Facility – D. Mick 7. PUBLIC HEARING AND ASSOCIATED ORDINANCES (a)Public Hearing toreceive comments regarding recommendation of the Planning and Zoning Commission to approve Rezone Request #13-92000001, for the rezoningof a 12.2544acre tract of land located along Canada Road, from General Commercial (GC) to High Density Residential (R-3) – T. Tietjens (b) Consider approval or other action regardingan Ordinanceamending Chapter 106 “Zoning” of the Code of Ordinances of the City of La Porte by changing the zoning classification of a 12.2544 acre tract of land located along Canada Road from General Commercial (GC) to High Density Residential (R3) – T. Tietjens 8. DISCUSSION OR OTHER ACTION (a) Discussion or other actionrepealing the franchise fee for commercial solid waste collection – Councilmembers Zemanek, Kaminski and Moser (b) Discussion or other action awarding bid for Commercial Solid Waste Franchise Contract with consideration of Franchise Fees – D. Mick (c) Discussion or other action concerning the proposed 2013-2014 Fiscal Year Budget of the City of La Porte, Texas – C. Alexander 9. COUNCIL COMMENTS REGARDING MATTERS APPEARING ON AGENDA; RECOGNITION OF COMMUNITY MEMBERS, CITY EMPLOYEES, AND UPCOMING EVENTS; INQUIRY OF STAFF REGARDING SPECIFIC FACTUAL INFORMATION OR EXISTING POLICIES – CouncilmembersLeonard, Engelken, Mosteit, Clausen, Martin, Moser,Kaminski, Zemanek 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. Texas Government Code, Section 551.071(2) – Consultation with City Attorney regarding legal issues related to LPISD participation in TIRZ No. 1. Texas Government Code, Section 551.072 – Deliberation regarding Real Property: Discussion regarding City Airport property. 11.RECONVENE into regular session and consider action, if any, on items discussed in executive session. 12.ADJOURN/RECESS 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 August 12-until business is concluded, 2012, agenda of items to be considered by the City Council was posted on the City Hall bulletin board on August 6,2012. __________________________________________ Patrice Fogarty, City Secretary I certify that the attached notice and agenda of items to be considered by the City Council was removed by me from the City Hall bulletin board on the ____ day of ________________, 2012. Council Agenda Item August 12, 2013 CALL TO ORDER 2.INVOCATION – The invocation will be given by Windell Gill, First Baptist La Porte. 3.PLEDGE OF ALLEGIANCE – The Pledge of Allegiance will be led by Councilmember Daryl Leonard. 4.PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS (a) Proclamation – “Texas Krush Day” – Mayor Rigby 5.PUBLIC COMMENTS (Limited to five minutes per person.) Phillip Hoot – Commercial Development on the Bayfront ************************************************************************* ,the Texas Krush,representing the City of La Porte, is a 14U Nations Elite select baseball team that went to Arvada, Colorado last week and won the AAYBAWorld Series. The team went 0-4 in pool play to start the week and was the lowest seed going into the single elimination bracket play, beating the number one seed in the championship game to win the World Series title; and the Texas Krush is made up of boys from La Porte with one player from the City of Deer Park.They grew up playing baseball in the La Porte area their whole lives and the coaches have, or continue to coach in the La Porte city baseball league; and , join me in congratulating relief pitcher Derek Lewelynn, shortstop Lance Koch, pinch runner Tyler Wheeless, third baseman Trey Farley, right fielder Nick Gaspard, first baseman Jaden McConnell, second baseman Tony Alvarez, left fielder Hayden Mundy, pinch hitter Byars Wilson, catcher Ryder Rae, pitcher Adrian Guerra, and center fielder David Mora, by celebrating their victory along with their manager Sammy Guerra, head coach Ed Alvarez, assistant coaches Danny Mundy and Jason McConnell and team mom Mireya Guerra; and Now, Therefore,I, LouisR. Rigby,Mayor,alongwith members of the La Porte City Council, do hereby proclaimAugust12, 2013as I havehereto set my hand and caused the Seal of the City to be th affixedhereto, this the12day of August2013. Council Agenda Item August 12, 2013 6. CONSENT AGENDA (All consent agenda items are considered routine by City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately.) (a) Consider approval or other action regarding the minutes of the regular City Council meeting held on July 23, 2012 – P. Fogarty (b) Consider approval or other action regarding a Resolution authorizing the resale of certain surplus real property located in Block 330, Town of La Porte – M. Dolby (c) Consider approval or other action authorizing the City Manager to execute an agreement with Shrader Engineering to design a generator installation at La Porte City Hall and the WastewaterTreatment Plant and additional switchgear at the Police Department Facility – D. Mick *********************************************************************************** LOUIS RIGBY DARYL LEONARD Mayor Councilmember District 3 JOHN ZEMANEK TOMMY MOSER Councilmember At Large A Councilmember District 4 DOTTIE KAMINSKI JAY MARTIN Councilmember At Large B Mayor Pro Tem MIKE MOSTEIT Councilmember District 5 Councilmember District 1 MIKE CLAUSEN CHUCK ENGELKEN Councilmember District 6 Councilmember District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCILOF THE CITY OF LA PORTE JULY 22, 2013 Monday,July 22, 2013, The City Council of the City of La Portemet in a regularmeetingonat the City 6:00 p.m Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at . to consider the followingitems of business: 1.CALL TO ORDER Mayor Rigbycalled the meeting to order at 6:00 p.m. Members of Council present: CouncilmembersEngelken, Leonard, Zemanek, Kaminski, Clausen, Mosteit, MoserandMartin. Also present were City Secretary Patrice Fogarty, City Manager Corby Alexander, andAssistant City Attorney ClarkAskins. 2.INVOCATION -The invocation wasgiven byDonHill, La Porte Inter Church Council. 3.PLEDGE OF ALLEGIANCE -The Pledge of Allegiance was led byCouncilmember John Zemanek. 4.PRESENTATIONS, PROCLAMATION, and RECOGNITIONS (a) Proclamation – “George Watkins Day” – Mayor Rigby Mayor Rigby presented a proclamation for “George WatkinsDay.” 5PUBLIC COMMENTS . (Limited to five minutesper person.) Philip Dunn,701 San Jacinto St.,addressedCouncilregarding his opinion and advice on Item 8(a) the Ordinance adopting anethics and conflict of interest policy applicable to City elected officials, City officers and City employees. Donna Medford,1200 Robinson Rd., thanked Council for considering an Animal Adoption Center and Shelter, Item 9(a), and spoke in favor of a facility location at the La Porte Municipal Airport. 6. CONSENT AGENDA (All consent agenda items are considered routine by City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately.) (a) Consider approval or other action regarding the minutes of regular City Council meeting held on July 8, 2013 – P. Fogarty (b) Consider approval or other action authorizing the City Manager to execute Amendment No. 1 to the Secondary Fire Protection Contract with the Port of Houston – M. Boaze (c) Consider approval or other action awarding Bid # 13020 for Annual Concrete Street, Sidewalk and Drainage Repair – D. Mick (d) Consider approval or other action regarding an Ordinance amending the City of La Porte Fiscal Year 2012-2013 Budget – M. Dolby 15 Page of July 22, 2013, Council Meeting Minutes CouncilmemberLeonardmoved to approve the Consent Agendapursuant to staff MOTION PASSED. recommendations.Councilmember Engelkenseconded. Ayes: Mayor Rigby, Councilmembers Clausen, Mosteit, Engelken, Martin, Kaminski, Zemanek, Leonard and Moser Nays: None Absent:None Ordinance2013-3488 Assistant City Attorney ClarkAskins read the caption of : AN ORDINANCE APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD OF OCTOBER 1, 2012 THROUGH SEPTEMBER 30, 2013; 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. 7.PUBLIC HEARING AND ASSOCIATED ORDINANCES (a)Continue Public Hearing from April 8, 2013, to receive comments from the public regarding one (1) substandard building located at 500 W. Main St.and consider approval or other action toclose the Public Hearing – J. Garza City Council continued the public hearing from April 8, 2013, at 6:17 p.m. to receive comments from the public regarding one(1) substandard building located at 500 W. Main St. and consider approval or other action toclose the public hearing. Senior Engineer Julian Garza presented a summaryand advised the Zoning Board of Adjustment’s action allows a permit to be issued for remodeling of the substandard structure at 500 West Main Street with the agreement that the encroaching out-building shall be demolished, and the substandard structure must be brought up to comply with current codes, as long as the cost does not exceed one half of the “before depreciation” replacement value of $143,870. CouncilmemberMosermoved to close the public hearing at 6:19 p.m. regarding one (1) MOTION substandard building located at 500 W. Main St. Councilmember Leonardseconded. PASSED. Ayes: Mayor Rigby, Councilmembers Clausen, Mosteit, Engelken, Martin, Kaminski, Zemanek, Leonard and Moser Nays: None Absent:None 8.AUTHORIZATIONS/ORDINANCES (a) Consider approval or other action regarding an Ordinance adopting an ethics and conflict of interest policy applicable to City elected officials, City officers and City employees – Councilmembers Zemanek, Kaminski and Moser Councilmember Zemanek presented a summary. Ordinance 2013-3489 CouncilmemberZemanekmoved to adopt adopting an ethics and conflict of interest policy applicable to City elected officials, City officers and City employees. Councilmember MOTION PASSED. Leonardseconded. Ayes: CouncilmembersMosteit, Kaminski, Zemanek, Leonard and Moser Nays: Mayor Rigby, Councilmembers Clausen, Martin and Engelken Absent:None Ordinance2013-3489 Assistant City Attorney Clark Askins read the caption of : AN ORDINANCE ESTABLISHING AN ETHICS AND CONFLICT OF INTEREST POLICY APPLICABLE TO CITY OFFICIALS AND EMPLOYEES; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; CONTAINING A SEVERBILITY CLAUSE; CONTAINING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. 25 Page of July 22, 2013, Council Meeting Minutes (b) Consider approval or other action awarding Bid # 13021 for Shady River Road Concrete Street Removal and Replacement – D. Mick Public Works Director Dave Mick presented a summary. CouncilmemberMartinmoved to award Bid #13021 for Shady River Road Concrete Street MOTION PASSED. Removal and Replacement. Councilmember Clausenseconded. Ayes: Mayor Rigby, Councilmembers Clausen, Mosteit, Engelken, Martin, Kaminski, Zemanek, Leonard and Moser Nays: None Absent:None 9. DISCUSSION OR OTHER ACTION (a) Discussion or other action regarding Animal Adoption Center and Shelter – K. Adcox/R. McPhail. Chief of Police Ken Adcox presented a summary. Councilmember Clausen questioned how the original estimate was obtained. Chief Adcox responded they used the cost per square foot from the most recent animal shelter built within our geographical area within the pastyear, which was in theCity of Friendswood. Councilmember Zemanek questioned the current square footage of kennels for both dogs and cats. Animal Control Supervisor Clarence Anderson responded 1,800 total square feet for the existing shelter but was not sure on specific kennel space. Councilmember Zemanek questioned the plan for kennel space with a new proposed4,376square-foot facility. Architect Martha Seng,with Jackson and Ryan Architects, informed that kennel space would increase from the current 22 kennels to 32 kennels. Mayor Rigby asked how long willthe proposed Animal Adoption Center and Shelter serve its purpose and not require an addition. ChiefAdcox responded a 4,376 square-foot facility has 50 percent more kennels than the existing facility; and staff feels it will last well into the future. Councilmember Martin commented he likes the idea of a facility being located onSpencer Highway and being more visible for, hopefully, increased animal adoptionsand questioned if staff has considered any other funding options. Chief Adcox advised staff has considered partnering with other neighboring communities, contracting animal control services to smaller communities, and possibly seeking sponsorships from local industry if directed by Council. Councilmember Engelken commented an Animal Adoption Center and Shelter will need to be constructed just like other facilities without down scaling it;andsuggested Council not make any decisions prior to upcoming Budget Workshop meetings. Councilmember Leonard agreed with Councilmember Engelken. Councilmember Mosteit moved to allow Chief Adcox and the animal shelter committee to seek private donations and bring back information at the upcoming budget meetings. Councilmember MOTION PASSED. Zemanek seconded. Ayes: Mayor Rigby, Councilmembers Clausen, Mosteit, Engelken, Martin, Kaminski, Zemanek, Leonard and Moser Nays: None Absent:None 35 Page of July 22, 2013, Council Meeting Minutes (b) Discussion or other action regarding a recommended date of September 9, 2013, for the Public Hearing on the City of La Porte’s Fiscal Year 2013-2014 Proposed Budget – M. Dolby Finance Director Michael Dolby presented a summary, including upcoming dates for budget meetings. Councilmember Moser moved to approve September 9, 2013, for the Public Hearing on the City’s Fiscal Year 2013-2014 Proposed Budget andtohold budget workshopsduring the week of MOTION PASSED. August 12, 2013. Councilmember Zemanek seconded. Ayes: Mayor Rigby, Councilmembers Clausen, Mosteit, Engelken, Martin, Kaminski, Zemanek, Leonard and Moser Nays: None Absent:None (c) Discussion or other action regarding Capital Improvement Projects (CIP) for the upcoming fiscal year –C. Alexander City Manager Corby Alexander presented a summaryregarding Capital Improvement Projects and advised Council the projected amounts can change. Mayor Rigby requested items be categorized in a “want” and “need” column under City Manager Review when presented during the upcoming budgetmeetings. Councilmember Martin questioned if generators will be expended out of the Capital Improvement Projects. City Manager Corby Alexander responded yes. Mayor Rigby questioned if cost can be reduced in half if diesel generators are used. Mr. Alexander responded yes. Councilmember Zemanek questioned the current generator system source of power at the police station. Public Improvement Coordinator Reagan McPhail responded it is a natural gas system. Mayor Rigby commented he would like for Council to consider all options and decide what is best for the community as far as generators. Councilmember Clausen moved to put Capital Improvement Projects on for budget discussion. MOTION PASSED. Councilmember Engelken seconded. Ayes: Mayor Rigby, Councilmembers Clausen, Mosteit, Engelken, Martin, Kaminski, Zemanek, Leonard and Moser Nays: None Absent:None 10. REPORTS (a) Receive Delinquent Tax Report – T. Leach Assistant City Manager Traci Leach provided the Delinquent Tax Report.There were no Council comments. (b) Receive 2012-2013 Citywide Sidewalk Replacement Project Report – T. Tietjens Public Improvement Coordinator Reagan McPhail provided the 2012-2013 Citywide Sidewalk Replacement Project Report. Councilmember Engelken questioned if there are any additional sidewalks and the number of linear feet that are in need of replacement other than those listedin the report. Mr. McPhail responded yes, and three times the replacement listed in the report, if he has to estimate. Councilmember 45 Page of July 22, 2013, Council Meeting Minutes Engelken questioned is the City assuring sidewalks are handicap accessible at intersections? Mr. McPhail responded this year the sidewalks will be re-leveled, and next year there will be work for total replacement that may require some wheel chair ramps. Mr. McPhail also advised Council chose not to fund the wheel chair ramp project the previous year. (c) Receive Dust FreeSurface Report – T. Tietjens Senior Engineer Julian Garza provided a dust free surface report.Councilmember Martin asked if a proposed ordinance passes, wouldexisting businesses which are creating problems no longer receive a citation? Mr. Garza responded no, not with the proposed ordinance; but it can be addressed through a nuisance ordinance. Councilmember Martin asked what a chip seal surface is. Mr. Garza advised a chip seal surface consistsof tar and gravel; and one is coated rock and the other is uncoated rock. Councilmember Zemanek questioned if Council adopted theordinance, would there be any pre-existing non-conforming grandfathered properties not impacted by the ordinance. Mr. Garza advised staff can address these and not allow if it is Council’s desire. 11. ADMINISTRATIVE REPORTS (a) Receive report from City Manager La Porte Development Corporation Board Meeting, Tuesday, July 23, 2013 La Porte Redevelopment Authority/La Porte Tax Increment Reinvestment Zone No. 1 Meeting, Wednesday, July 24, 2013 City Manager Corby Alexander reportedthere are plans for a Food Distribution at the Jennie Riley Community Center on July 27, 2013, from 9:00 a.m. – 12:00 noon. 12.COUNCIL COMMENTS regarding matters appearing on the agenda; recognitionof community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies– Councilmember Kaminski,Zemanek, Leonard, Engelken, Mosteit, Clausen, Martin, Moser and Mayor Rigby. Councilmembers Engelken, Mosteit, Clausen, Martin, Moser and Kaminski congratulated George th Watkins for receiving a proclamation and thanked him for the annual July 4parades and his contributions to the City. Mayor Rigby expressed appreciation to Mr. Watkins, as well,andthank him for his efforts in the City. 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.There was no Executive Session. 14. RECONVENE into regular session and consider action, if any, on item(s) discussed in executive session. There was no Executive Session. 15. ADJOURN There being no further business, Councilmember Engelkenmoved to adjourn the meeting at MOTION PASSED UNANIMOUSLY. 7:51 p.m. Councilmember Leonardseconded. _______________________________ Patrice Fogarty, City Secretary Passed and approved on August 12, 2013. ________________________________ Mayor Louis R. Rigby 55 Page of July 22, 2013, Council Meeting Minutes If a property is sold or struck off to a taxing unit that is party to the judgment, the taxing unit may sell the property at any time by public or private sale. The City of La Porte has had these properties on our public resale list for more than an adequate amount of time and has received a bid for the minimum bid amount set bythe judgmentor higher; at this time we are asking the city council to pass a resolution to approve the sale of these propertiesfor the amount that has beenoffered. P252(B) – Lots14, 15, 16 & S 5ft of Lot 13 Block 330 Town of La Porte – Offer $10,000.00 (Adjudged Value $10,000.00 Taxes+Cost $22,881.64) P252(C) – Lots 8, 9 & S 15ft of Lot 17 & N 15ft Lot 10 Block 330 Town of La Porte – Offer $10,000.00 (Adjudged Value $10,000.00 Taxes+Cost $12,037.03) Consider approval or other actionof the Resolution authorizing the sale on the properties listed above. the City of La Porte (City), in the course of its function as a taxing entity in the State of Texas, obtains title to real property in the capacity as Trustee for itself and other taxing units that tax the property; and it is necessary for various reasons that some of the property so obtained must be resold by the taxing units for less than the aggregate amounts of taxes, penalties, interest and costs; and Section 34.05 of the Texas Property Tax Code requires that when real property is sold for less than the aggregate amount of taxes, penalties, interest and costs, the sale must be approved by all taxing units that tax the property; and the Cityhas adopted procedures designed to provide all parties the opportunity to submit offers to purchase such real property and to secure the best offer for such property that is sufficient to pay at least the costs of suit and sale of such property; and it is desirable that resale of the property be free and clear of all claims of the taxing units, for all taxes, penalties interest and costs that have accrued up to the date of resale Section 1. That the City of La Porte, as Trustee, resells the real properties described in the attached Exhibit “A”, for the amounts set for on said Exhibit “A”, in full satisfaction of taxes, penalties, interest and costs that have accrued on the property up to the date of sale. Section 2. That 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 offices of City of La Porte 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 resolution 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. PASSED AND APPROVED this the 12th day of August 2013. CITY OF LA PORTE, TEXAS Louis R. Rigby, Mayor ATTEST: APPROVED: Patrice Fogarty, City SecretaryClark Askins, City Attorney TAX RESALE PROPERTY TO BE SOLD TRACT 1:Resale Property P252(B) Legal Description: Lots 14, 15, 16 &S 5ftof Lot 13Block 330 Town of La Porte HCAD #024-039-030-0015 Offer Amount: $10,000 TRACT 2:Resale Property P252(C) Legal Description: Lots 8, 9, & S 15ft of Lot 7 & N 15ft Lot 10 Block 330 Town of La Porte HCAD #024-039-030-0027 Offer Amount: $10,000 816 312312 816820 700 820816 816 816 816 632 HCAD#024-039-030-0027 606 628 606 622 618 601 601 HCAD#024-039-030-0015 612 615 601 615 615 608 630 608 529 606 527 525 523 526 521 522 519 517 522 216 513 517 532 514 514 532 509 532 510 505 508 507 502 502 429 428 431 432 Legend 430 429 425 428 426 427 431 428 Parcels 430 423 Parcels (in City) 422 426 423 422 Parcels (in Industrial Districts) 421 417 Parcels (Surrounding) 418 417 418 416 City Limits 415 417 410 418 418 414 Railroad 413414 413 415 Drainage Channels 408 414 408 405 409403406402 Disclaimer: This product is for informational purposes and may n only the approximate relative location of property boundaries. G or warranty as to the accuracy of this product or to its fitness the City of La Porte from any damage, loss, or liability arising City of La Porte 1 " = 212 ' La Porte GIS Mapping I 604 W. Fairmont Parkway La Porte, TX 77571 (281) 471-5020 www.laportetx.gov During the June 10, 2013regular City Council meeting, City Council asked that staff move forward with installation of a permanent mounted natural gas fired generator at City Hall and installation of additional switchgear at the Police Department for connection of an emergency portable generator.Additionally Council requested that staff return with an estimate to install a permanent mount natural gas fired generator at the Wastewater Treatment Plant. During the July 8,2013 regular City Council meeting Council approved staff moving forward with the installation of a permanent mount gas fired generator at the Wastewater Treatment Plant. Shrader Engineering has provided numerous electrical designs for the City of La Porte and was selected by staff to provide a proposal for the design of permanent generator installations at City Hall and Wastewater Treatment Plant alsoswitchgear at Police Department.The proposal includes site layout, generator specifications, electrical schematics,and construction phase services. Design services do not include decorative screening for the generator at City Hall. Costs for the propose design and construction phase services are as follows: Electrical Design Phase Services $95,100.00 Construction Phase Services $16,000.00 Total $111,100.00 This design and construction services expense was included in generator budget package of $1,100,000 (FY 13) + proposed $1,300,000 (FY 14). Staff recommends awarding design of generator and switchgear installation to Shrader Engineering who has previously provided electrical design to numerous City facilities and generator installations. Consider approval or other action authorizing the City Manager to execute an agreement with Shrader Engineering to design a generator installation at City Hall and the Wastewater Treatment Plant and additional switchgear at the Police Department Facility in the amount of $111,100.00. August1,2013 Mr.DavidMick tÒ,z-©5z©;-·© CityofLaPorte rd Street 2963North23 LaPorte,TX77571 RE:ProfessionalEngineeringServicesScopeofWorkandFeeProposal /z·äE[t©·;D;;©·©7{Þz·-wm;© MOD1BasicEngineeringServicesRev.1 SEIProjectID:4232CLP DearMr.DavidMick: Wearepleasedtoofferourproposalforprofessionalengineeringservicesfortheabove referencedproject.Thescopeofworkoutlinedbelowisbasedoninformationanddirection providedbytheCityofLaPorte(hereinaftercalled{/[t|randourgeneralunderstandingof theprojectscope.ShraderEngineering(hereinaftercalled{{w©7;©|assumesthisscopeof workisinclusiveofallrequirementsthatcanbereasonablyinterpretedfromtheinformation providedtodate. GENERALSCOPEOFWORK Themainobjectivesoftheprojectaretoprovideequipmentandgeneratorstobeableto restorepowertokeyfacilitiessothattheCityofLaPortecanprovideservicesafteramajor naturaldisastereventcausinggridfailure.Thepreviousphaseoftheprojectwastoanalyze standbypoweroptionsandaddressconcernsidentifiedbytheCity.Thecurrentphaseisthe designfortheCityselectedchoicesbasedonoptionspresentedinthePER. BASICENGINEERINGSERVICESSCOPE Thefollowingisanoutlineofengineeringservicesassociatedwiththegeneratorandswitchgear project.ShraderwillworkwithCityofLaPortetodeterminethemostfeasiblegeneratorlocation basedongeneratorclearancerequirementsandCityofLaPorterequirements.Engineeringservices willincludethedevelopmentofplansandspecificationsasnecessarytoconveythemeansand methodsofallworkdescribedbelow. ProfessionalEngineeringServicesScopeofWorkandFeeProposal /z·äE[t©·;D;;©·©7{Þz·-wm;© MOD1BasicEngineeringServicesRev.2 ElectricalDesign 1.WastewaterTreatmentFacility: a.TheCityhaselectedtopursuedesignofOption2describedinthePERRevision2 document. b.Electricaldesignwillincludeanewnaturalgasgeneratorwithweatherproof enclosureonastandardconcretepadatthewastewatertreatmentplant. calserviceas c.Electricaldesignwillincludemodificationstoexistingelectri requiredfortheinterfaceofthenewgenerator. 2.PoliceDepartmentBuilding: a.TheCityhaselectedtopursuedesignofOption2describedinthePERRevision2 document. b.Electricaldesignwillincludeanewserviceratedautomatictransferswitchanda ULlistedgeneratorconnectionbox. c.Electricaldesignwillincludemodificationstoexistingelectricalserviceas requiredfortheinterfaceofthenewequipment. 3.CityHallBuilding: a.TheCityhaselectedtopursuedesignofOption2describedinthePERRevision2 document. b.Electricaldesignwillincludeanewnaturalgasgeneratorwithweatherproof enclosureonastandardconcretepadattheCityHall. c.Electricaldesignwillincludemodificationstoexistingelectricalserviceas requiredfortheinterfaceofthenewgenerator. DesignPhaseServiceInclusions TheDesignPhasetasksidentifiedaboveincludethefollowingengineeringservices: TechnicalSpecifications Ourscopeincludesdevelopmentoftechnicalspecificationsasnecessarytoconveythemeansand methodsofthedesignmodificationsdescribedabove. ShraderEngineeringInc.Page2of9 ProfessionalEngineeringServicesScopeofWorkandFeeProposal /z·äE[t©·;D;;©·©7{Þz·-wm;© MOD1BasicEngineeringServicesRev.2 SpecificationswillbeCSIStandardformatinPortableDocumentFormat(PDF),editedforthis Projectandwillbeprovidedviaemailunlessrequestedotherwise. CostEstimating Ourscopeincludesdevelopmentofageneralcostestimateforthedesignscopedescribedabove; updatedcostestimateswillbeincludedwithfinalDesignSubmittal.Detailedtakeoffsor breakdownsarenotincludedinthebasiccostestimate QualityAssurance/QualityControl OurscopeincludesmanhoursneededtocoverQAQCofthedesign.Thiswillinclude continuousqualitycontrolmeasurestoassuretheprojectmeetsdesignobjectives,compliance withcodesandstandards,andaccuracyofdesigncalculationsandconstructiondocuments. ProjectManagementServices Ourscopeincludesinternalprojectmanagementservicestosupporttheabovereferenced design. Theseservicesincludeprojectcoordinationmeetings,generalprojectmanagementfunctions (i.e.reportingrequirements,designstandardimplementation,andteleconferencing). Ourscopeincludesone(1)coordinationordesignreviewmeetingviateleconference.Where additionalmeetingsarerequestedtheywillbeperformedonanhourlybasisorasapprovedin writing. UtilityCompanySubmittal PlansandloadanalysiswillbesenttoUtilityCompanywhenourdesigniscomplete,as applicable. LimitsonEngineeringandDesignWork Anysignificantdesignchangesrequestedafter60%reviewcommentsareaddressedwillbe performedonanhourlybasis,oragreedfixedcost. ShraderEngineeringInc.Page3of9 ProfessionalEngineeringServicesScopeofWorkandFeeProposal /z·äE[t©·;D;;©·©7{Þz·-wm;© MOD1BasicEngineeringServicesRev.2 BasicConstructionPhaseServices Ourscopeofworkduringtheconstructionphaseanticipatesseven(7)tripsandsubmittal/RFI review.Ourservicesarebrokendownasfollows: ConstructionKickOffMeeting Attendanceofone(1)constructionkickoffmeetingfortheentireproject.Pleaseprovidetwo (2)daynotificationofscheduledmeetingtimeanddate. Submittal/RFIReview RespondtoallwrittenwCLxrshopdrawingandsubmittalreview.Shopdrawingsubmittalreviews requireaminimumoffive(5)workingdaystoprocess.Pleasenotifyusifasubmittalreview needstobeexpedited. Pleasesendone(1)electroniccopy(onCDorPDFviaemail)ofeachsubmittalforreviewby ouroffice.Wewillsendresponseviaemail.ShraderEngineeringreservestherighttomake professionaljudgmentaldecisionsrelatedtooperationalparametersandphysicalconstruction foritemssubmittedthatmightvaryfromdetailsoftheSpecificationsorPlans. InterimInspection Three(3)interiminspectionswillbeperformedtoobservethecontractorconstruction progress.Itisanticipatedthateachoftheseinspectionswillincludeatriptoeachofthethree sitesinasingleday. FinalInspection One(1)finalinspectionpersite(3total)oftheelectricalinstallationwillbeperformedtoconfirm generalcompliancewithconstructiondocuments.Uponcompletionofthefinalinspectiona detailedpunchlistofitemsinneedofcorrectionwillbesubmitted. OneYearWarrantyInspection Aoneyearwarrantyinspectionwillbeperformedandaninspectionreportwillbesubmitted.This workwillbeperformedonanhourlybasis. RecordDrawings Recorddrawingssubmittedbycontractorwillbereviewedforaccuracyandcompleteness.CAD drawingchangesarenotincludedbutcanbeprovidedonanhourlybasis. AdditionalConstructionPhaseServices AdditionalConstructionServiceswillbeperformedatanhourlyrateasrequestedorapproved inwriting. ShraderEngineeringInc.Page4of9 ProfessionalEngineeringServicesScopeofWorkandFeeProposal /z·äE[t©·;D;;©·©7{Þz·-wm;© MOD1BasicEngineeringServicesRev.2 Pleasenotifyus5daysinadvanceofinspectiondatesviafaxoremailwith,time,date,address andKeyMappagenumbersothatwemayscheduleourinspection.AllInspectionReportsto beissuedwithintwo(2)daysfollowingtheinspection.Allconduitcoverinspectionsrequire yourInspectororEngineertoaccompanyourEngineer. PROJECTSCHEDULEASSUMPTIONS DesignPhaseDuration Ourfeeproposalisbasedonadesignphasescheduleofapproximatelythree(3)calendarmonths. Shouldthedesignphaseextendbeyondthisdurationforreasonsnotrelatedtoourperformance and/ordeliveryofengineeringservices,ShraderEngineeringreservestherighttonegotiate additionalengineeringfeesassociatedwithadditionalmanhoursexpended. ConstructionPhaseDuration WheretheprojectconstructionworkextendspasttheGeneral/·©-·©xinitialcontract completiondate,plusanyofficiallyauthorizedraindays,ourServicesAgreementwillbe extendedbythesameperiod.AnyservicesperformedaftertheContractCompletionDatewill bebilledonanhourlybasis,excludingthetimespentforaFinalInspectionandReportthatis partoftheoriginalConstructionPhaseServicesAgreement.Thisapplieswhere,orwherenot, theContractDateisofficiallyextended.PleaseforwardtheContractPeriodDatesforthis projecttousforourrecords. DELIVERABLES TheDesignPhasedeliverablesareunderstoodtoincludethefollowingsubmittals: ewSubmittal 60%DesignRevi 100%DesignReviewSubmittal FinalPEsealedConstructionDocumentSubmittal PlanswillbeonbackgroundsprovidedbyourofficebasedonAsBuiltsprovidedbytheCityof LaPorte.ItisunderstoodthattheCityofLaPortewillprovideanyfieldmeasurementsas neededforthecreatingofAutoCadbackgrounds. DesignReviewSubmittalswillbeprovidedonbond x forplansand8G|x for specifications)andelectronicformat(AutoCADandPDF)forthereviewandcomment. ShraderEngineeringInc.Page5of9 ProfessionalEngineeringServicesScopeofWorkandFeeProposal /z·äE[t©·;D;;©·©7{Þz·-wm;© MOD1BasicEngineeringServicesRev.2 FinalP.E.SealedPlansandSpecificationsaretobeprovidedinelectronicformat(PDF).Delivery ofDrawingsmaybeviaemailinelectronicformatorasotherwiserequested.Pleaseallowa minimumof3daysafterdateofrequestfordeliveryofourConstructionDocuments.ADIR (DrawingInformationRequest)formwillbesenttoyourofficewhendocumentsareready,or uponyourrequest. ENGINEERINGFEES EngineeringFeesforthePERPhasearebasedonLumpSumandfixedratesfor{Be 5;·;©z;7|(TBD)laborshouldadditionalengineeringservicesberequired.LumpSumfeesfor theseprojecttasksareasfollows: ElectricalDesignPhaseServices................................................................$95,100.00 ConstructionPhaseServices................................................................$16,000.00 REIMBURSABLEEXPENSES Reimbursableexpensesarebasedonthefollowing: DeliveryCharges DeliveryChargeswillapplytodeliveryofallprogressreviewsubmittals,finaldocument submittals,andotherrequesteddeliveries. ReproductionCharges Reproductionchargeswillapplyforeachprogressandfinaldocumentsubmittalandany requestedreproductionbasedonourstandardpublishedreproductionrates. MileageandTollRoadCharges Mileageandtollroadexpenseswillapplytoallmeetingattendanceandsitevisits. ReimbursableExpensesnottoexceed: MAX.REIMBURSABLEEXPENSESTOTAL.........................................................$400.00 C©,©;Ò·E;ã¦;;¦;;©;E;©·9ã¦;;9·z·;9ãwz,z·u ShraderEngineeringInc.Page6of9 ProfessionalEngineeringServicesScopeofWorkandFeeProposal /z·äE[t©·;D;;©·©7{Þz·-wm;© MOD1BasicEngineeringServicesRev.2 TERMSOFPAYMENT Monthlyinvoicesshallbesubmittedbasedonworkcompletedtodateandexpensesincurred todate.Allpaymentsforworkrenderedunderthisproposalshallbemadewithin30days. EXCLUSIONS AdditionalWork Anyitemsnotspecificallyreferredtowithinthisscopeofworkarenotcurrentlyincludedinour proposal,butmaybeaddedthroughfuturenegotiation.Engineeringdesignworkthatexceeds the"ScopeofServices"describedwillbeperformedonanhourlybasisasrequestedoras approvedinwriting. f DetailedMaterialTakeof Detailedconstructionmaterialtakeoffestimatesarenotincludedinourcurrentfee,butcanbe provideduponrequest.Workwillbeperformedonanhourlybasis. UtilityCoordination Coordinationofelectricalpower,telephoneutilities,and/ornaturalgasinstallationwillbe specifiedasthe/·©-·©xresponsibilityandisthereforenotincludedinourfee. PermitandPlanReviewFees Agencypermitorplanreviewfeesorcostsassociatedthereofarenotincluded,andwillbe invoicedatcost. AdditionalAnalysis FaultCurrentand/orPowerAnalysisrequiredbysomepermittingagenciesisnotincludedfor worknotdescribedunderourscopeofservicesforexpansionorrehabilitationtypeprojects. HarmonicstudiesnowrequiredbythePowerCompanyforcertaininstallationsarenotincluded inourproposal. EnergystudiesnowrequiredbyCity,CountyorStateagenciesundercertaincircumstancesare notincludedinourproposal. ShraderEngineeringInc.Page7of9 ProfessionalEngineeringServicesScopeofWorkandFeeProposal /z·äE[t©·;D;;©·©7{Þz·-wm;© MOD1BasicEngineeringServicesRev.2 Troubleshooting AdditionalConstructionPhaseServices,includingassistancetocontractorinpretesting, troubleshooting,investigating/·©-·©xconstructionoroperationproblemsduetopoor workmanshipshallbeperformedonanhourlybasiswheresuchworkisrequestedbyEngineer orRecord,Owner,orContractor.Allworkshallberequestedinwritingandapprovedby EngineerofRecord. CommissioningServices ElectricalSystemCommissioningServicesmaybeprovideduponrequest,andwillinclude completedetailedinspectionofallwiring,devicesandequipmentconstruction,verify identificationofallconductors,terminalblocksanddevices,operationaltestingofallcontrol functions,measurementandloggingofallmotorandinstrumentparameters,setupofall controldevicesandinstruments,andconfirmationofproperoperationofentireelectrical controlsystem.TroubleshootingisnotincludedinCommissioningservices.TheScopeofWork describedisnotincludedinourStandardConstructionServicesScopeofWorkasdescribed earlierinthisproposal. INSURANCE Foryourprotection,wecarryComprehensiveGeneralLiabilityInsurance,$1,000,000per occurrence,$2,000,000generalaggregate,inanadditionto;EngineersErrorsandOmissions Insurance,$1,000,000eachclaim;AutomobileLiabilityInsurance,$1,000,000combinedsingle limitand,WorkersCompensationEmployersLiabilityInsurance,$500,000combinedsingle limit.ACertificateofInsurancewillbeprovideduponrequest. ShraderEngineeringInc.Page8of9 ProfessionalEngineeringServicesScopeofWorkandFeeProposal /z·äE[t©·;D;;©·©7{Þz·-wm;© MOD1BasicEngineeringServicesRev.2 NOTICETOPROCEED Wecanbeginworkuponyourwrittennoticetoproceed.Ifyoufindourproposalacceptable andareinagreementwiththeconditionsstatedherein,signbelow. Thankyoufortheopportunityofworkingwithyouonthisproject. Sincerely, ChalShrader,P.E. t©;z7;· Lz·zt¦ Accepted: By:________________________________________Date:_________________________ ClientProjectNo.______________________________KeyMapNo.___________________ ProjectAddress:________________________________________________________________ ClientProjectManager:__________________________________________________________ ShraderEngineeringInc.Page9of9 2012-01-212012-02-20 191 2012-02-212012-03-20 217 2012-03-212012-04-19 215 2012-04-202012-05-18 226 2012-05-192012-06-19 267 2012-06-202012-07-19 276 2012-07-202012-08-17 298 2012-08-182012-09-18 272 2012-09-192012-10-17 232 2012-10-182012-11-15 224 2012-11-162012-12-18 200 2012-12-192013-01-21 200 12 month peak KVA shown in gray 2012-01-132012-02-10 127 2012-02-112012-03-12 138 2012-03-132012-04-11 140 2012-04-122012-05-10 144 2012-05-112012-06-11 148 2012-06-122012-07-11 154 2012-07-122012-08-09 159 2012-08-102012-09-10 150 2012-09-112012-10-09 146 2012-10-102012-11-07 138 2012-11-082012-12-10 125 2012-12-112013-01-11 125 12 month peak KVA shown in gray Shrader Engineering - Firm Profile Shrader Engineering is a technology based engineering firm speci technology systems for critical infrastructure projects such as mass transit, seapo safety, water and industrial facilities. Our firms long history in standby power systems engineering inc uninterruptible power supplies, fuel cell technology, photovoltaic redundant switchgear, UPS bypass, dual power supply circuiting, and evaluate the standby power needs of a project and then devel technology. We have managed and designed over seven hundred (700 installations during our the past fifteen years. Our engineers routinely work with equipment manufactures to insu standby power system technology. From specifications to performa serve critical load facilities, such as water/wastewater treatment plants, TxDOT stormwater pumping stations, computer data centers, emergency response facilities, and remote software applications that accurately model motor load characterg sequences to assure all loads are started in the proper sequence to mainta In addition, we consider the impact of noise abatement and air q engineer. We routinely integrate standby power systems as a subcomponent of large therefore understand both normal and standby power distribution The firms engineering experience includes the following areas o Mechanical/Electrical/Plumbing System Design for Facilities Electrical and Instrumentation Design for Water/Wastewater Facil Standby Generator System Design Construction Management Services for Federally Funded Projects The firms relevant projects include: TDRA Funded Standby Generators for City of La Porte, West University Place, and City of Southside Place (twenty natural gas & diesel fuel generators) COH IT Department Standby Generator for 1200 Travis & 611 Walker25 KW natural gas generators) Houston Police Department Radio Tower Emergency Generator Instal METRO Rail Operations Center Emergency Generator and Automatic T generator) CGG Americas Park 10 Place Data Center Generator Addition (750kW diesel generator) Harris County MUD No. 189- Water Plant No. 2 Generator (500kW natural gas generator) Harris County WC & ID No. 116-Wastewater Treatment Plant Emergency Generator (300 kW diesel generator) Harris County MUD No. 391 Water Plant No. 1 Emergency Generator (500 kW diesel generator) Fort Bend County LID No. 2 Pump Station Emergency Generator (1750 kW diesel and natural generators) River Stone Steep Bank Creek Pump Station 1,000kW Natural Gas Generator GLO Funded Standby Generators for Several Harris County Facilities throughout the County (nineteen natural gas & diesel fuel generators) OUR RELENTLESS QUEST TO PROVIDE MEANINGFUL SOLUTIONS TO UNIQUELY CHALLENGING PROJECTS IS THE CORNERSTONE OF THE WATER FACILITIES ENGINEERING FIRM PROFILE including: Standby Generators WATER FACILITIES WASTEWATER FACILITIES STORMWATER FACILITIES SCADA SYSTEMS DESIGN AND PROGRAMMING ELECTRONIC SECURITY SYSTEMS JOHN BLOUNT, PE DIRECTOR OF ARCHITECTURE & ENGINEERING HARRIS COUNTY PUBLIC INFRASTRUCTURE DEPARTMENT : To learn more about our projects and services, please contact The Planning & Zoning Commission, during their July 18, 2013, meeting, held a public hearing to receive citizen comments regarding Rezone Request #13-92000001. Stuart Shaw of Bonner Carrington, on behalf of Bobby Grisham, owner/trustee., seeks to have the 12.254 acre property rezoned from General Commercial (GC) to High Density Residential (R-3). The property is located along Canada Road across from Pecan Park. The attached map shows the frontage would remain commercial and only the rear of the property would become residential. The applicant is proposing a senior project to be known as Mariposa at Pecan Park. Current zoning of general commercial does not allow this kind of development. Therefore, high density residential zoning is requested for the subject tract. Last year, during the Comprehensive Plan Update, a redevelopment/revitalization map was amended to include this undeveloped property for proposed apartment project. Additionally, the Underlying Future Land Use Map shows the area as residential in anticipation of this project. The proposed development will consist of 180, one and two bedroom apartments for independent, seniorliving in three story buildings. One hundred percentof the units would be restricted to residents age 55 or older, on a fixed income of no more than 60% of the median family income for this area. Mariposa at Pecan Park is competing in the 2013 Housing Tax Credit round administered by the TDHCA, which has many categories where an applicant must compete to obtain the points necessary to be competitive and receive an award of Housing Tax Credits. Recently, the City has been notified that the Texas Department of Housing and Community Affairs Real Estate Analysis (REA) Division is underwriting the transaction for award and by mid-August, REA willneed to have a proof of rezoning. Infrastructure is available in the area. In addition, the proposed project has a support from the neighboring Pecan Crossing Subdivision Homeowner’s Association. The subject tract would be well served by the proposed rezoning from General Commercial to High Density Residential. As required by Ordinance, notices of the public hearing were mailed to twenty one property owners within 200’ of the subject site. Two responses were received in favor of the request. The Planning and Zoning Commission, by 5-1 vote, recommendsCity Council approval ofRezone Request #13-92000001. 1.Conduct public hearing. 2.Consider taking action on a recommendation by the Planning and Zoning Commission to approve Rezone Request #13-92000001, rezoning the referenced property from GC to R-3. The Planning & Zoning Commission, during their July 18, 2013, meeting, held a public hearing to receive citizen comments regarding Rezone Request #13-92000001. Stuart Shaw of Bonner Carrington, on behalf of Bobby Grisham, owner/trustee., seeks to have the 12.254 acre property rezoned from General Commercial (GC) to High Density Residential (R-3). The property is located along Canada Road across from Pecan Park. The attached map shows the frontage would remain commercial and only the rear of the property would become residential. The applicant is proposing a senior project to be known as Mariposa at Pecan Park. Current zoning of general commercial does not allow this kind of development. Therefore, high density residential zoning is requested for the subject tract. Last year, during the Comprehensive Plan Update, a redevelopment/revitalization map was amended to include this undeveloped property for proposed apartment project. Additionally, the Underlying Future Land Use Map shows the area as residential in anticipation of this project. The proposed development will consist of 180, one and two bedroom apartments for independent, seniorliving in three story buildings. One hundred percentof the units would be restricted to residents age 55 or older, on a fixed income of no more than 60% of the median family income for this area. Mariposa at Pecan Park is competing in the 2013 Housing Tax Credit round administered by the TDHCA, which has many categories where an applicant must compete to obtain the points necessary to be competitive and receive an award of Housing Tax Credits. Recently, the City has been notified that the Texas Department of Housing and Community Affairs Real Estate Analysis (REA) Division is underwriting the transaction for award and by mid-August, REA willneed to have a proof of rezoning. Infrastructure is available in the area. In addition, the proposed project has a support from the neighboring Pecan Crossing Subdivision Homeowner’s Association. The subject tract would be well served by the proposed rezoning from General Commercial to High Density Residential. As required by Ordinance, notices of the public hearing were mailed to twenty one property owners within 200’ of the subject site. Two responses were received in favor of the request. The Planning and Zoning Commission, by 5-1 vote, recommendsCity Council approval ofRezone Request #13-92000001. 1.Conduct public hearing. 2.Consider taking action on a recommendation by the Planning and Zoning Commission to approve Rezone Request #13-92000001, rezoning the referenced property from GC to R-3. AREA MAP REZONE REQUEST # 13-92000001 R-1 EAGLE RUN REZONE FROM WICHITA DR R-2 GC to R-3 R-1 MH BARTON CT R-1 GC REVISED 12/18/2012 - BS R-2 R-2 1 inch = 400 feet Councilmembers Zemanek, Kaminski and Moser wish to bring an item before Council to consider repealing the franchise fee for commercial solid waste collection in the City of La Porte. Attached is a copy of the current 2005 contract for commercial solid waste collection. Consider repealing the franchise fee for commercial solid waste collection in the City of LaPorte. On July 11, 2005, the La Porte City Council approved a five-year contract with Allied/BFI Waste Services of Texasfor commercial solid waste collection.This contract serves as an exclusive franchise agreement between the city and the successful contractor for the contractor to collect containerized commercial solid waste within the city.Republic Services acquired Allied/BFI Waste Services of Texas in 2008 and assumed the City of La Porte contract from Allied/BFI with the acquisition. In 2010 City Council authorized a three-year contract extension with Republic Services. The contract extension expires October 31, 2013. For a new contract beginning November 1, the City advertised a Request for Proposals(RFP #13509) in the Houston Chronicle and sent the request to 15 vendors,with six vendors submitting proposals that were opened June 13. The proposalswere reviewed by an internal team of three including the Public Works Director, Assistant Director, andthe Solid Waste Superintendent. The current servicer, Republic Services, and WCA submitted the top two rated proposals. The proposal review team along with the City’sPurchasing Manager interviewed WCA and Republic Services. WCA, also known as Waste Corporation of Texas, L.P., was selected as the top candidate. WCA also provided the lowest price proposal of any of the six contractorsin terms of total monthly cost for the service. Staff asked WCA to update their proposed fee schedule to better balance changes in cost across all customers(as provided in the original RFP language). WCA’s resubmitted cost proposal reflected a 0.2% to 1.0% increase in cost for the city’s commercial customers (assuming the current 11% franchise fee to the city).WCA’s total proposed cost per month based on current estimated container counts and collection frequency is $58,027.51 per month or 0.33% higher than the $57,833.64 per month estimated under the current contract. WCA will also contribute $12,500/year toward an annual Residential Household Hazardous Waste event proposed by the Public Works Department. There is no corresponding increase in WCA’s original proposal price for this contribution.The City hosted two similar events previously and they have proven to be popular with the residents. Total cost for this year’s HHHW event was approximately $25,000. WCA was established in the Houston area in 1998 and have operations in 12 states (70 locations) currently. WCA has 1,200 employees. Over $200 million in revenues annually. Staff contacted several cities where WCA provides service similar to our franchise agreement. All feedback related to WCA’s performance was very positive. For two of the municipalities interviewed, WCA was awarded a contract requiring a transition from a current provider to WCA. Both municipalities confirmed that that the transitions went well. Staff and WCA will meet regularly ahead and during the transition in service. And WCA will have a representative stationed at the Public Works building for 4-weeks or longer as needed. Likely two weeks prior and two weeks following Day 1 of the contract. The attached contract document has been approved by the City Attorney and WCA’s general counsel pending additional City Council on franchise fees. Staff received advanced notice from a councilmember that the councilmember would like to discuss the 11% franchise fee currently in effect. The contract section 13.08 (attached) refers to the current and proposed 11% franchise. This section can be altered to whatever percentage, if any, desired by City Council. The final fee schedule included in the contract and later attached to Appendix A (Fees) in the codified ordinanceswill be modified however City Council directs. The purpose(s)stated for a franchise fee in the commercial solid waste contract along with other existing utility franchise agreements in general is for compensation to public for the contractor use of public streets and rights-of-ways. The City collects a little over $2-million in various franchise fees annually including $75,000 to $80,000 each year for the commercial solid waste contract. The franchise fees are deposited into the General Fund. The General Fund is the funding source for the Streets Division budget of $2.5- million/year. Other roadway and street drainage improvements in excess of $870,000 per year (approximate amount of the annual Street Tax) are also funded through the General Fund. Should the Council desire to maintain the commercial solid waste franchise fee, those funds could be deposited into a dedicated General Fund account to fund strictly street improvements related to the provision of commercial solid waste. Staff recommends authorizing the City Manager to execute an exclusive franchise contract with Waste Corporation of Texas, L.P. for the collection containerized commercial solid waste with WCA. Staff is looking for direction regarding the franchise fee for commercial solid waste. Based on Council’s direction, the contract can be structured to reflect the desired franchise fee percentage or eliminate the fee altogether. 1)Establish a franchise fee equal to the current 11% or other percentage desired by City Council, and 2)Consider approval or other action to grant authority for the City Manager to enter into an exclusive franchise contract with Waste Corporation of Texas, L.P. for the collection containerized commercial solid wasteconsistent with Council’s desired franchise fee percentage;and 3)Direct staff to update Appendix A (Fees) of the City Ordinances to reflect the new fee schedule for containerized commercial solid waste effective November 1, 2013;Or 4)Other action as desired by council. City of La Porte Section 00520 Agreement NOTICE: THIS CONTRACT IS SUBJECT TO ARBITRATION UNDER THE TEXAS GENERAL ARBITRATION ACT, CHAPTER 171 “GENERAL ARBITRATION”, TEXAS CIVIL PRACTICE AND REMEDIES CODE” THE STATE OF TEXAS COUNTY OF HARRIS CONTRACTFOR COLLECTION AND DISPOSAL OF COMMERCIAL SOLID WASTE CITY OF LA PORTE THIS AGREEMENT, made and entered into by and between the City of La Porte, a Municipal Corporation of Harris County, Texas, hereinafter called the "City", andWaste Corporation of Texas, L.P., a Delaware limited partnership, hereinafter called the "Contractor". WITNESSETH that for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the City, the Contractor hereby agrees with the City to commence and complete the work described as follows: The Contractor shall furnish all personnel, labor, equipment, administration and billing, and all other necessary items to provide for the collection and disposal of commercial and industrial solid waste within the corporate limits, current and future, of the City of La Porte, as specified, and to perform all the work called for in accordance with the Contract Documents, including the Request for Bids, Instructions to Bidders, Bid, Affidavit, Bid Bond, Contract, General Specifications, Performance Bond, and any changes to the foregoing documents agreed to by the City and the Contractor, all of which are made a part hereof as fully as if set out herein and hereby become a part of these documents. The Contractor acknowledges that Section 58-66 of the Code of Ordinances for the City of La Porte requires businesses and commercial institutions and establishments to use the City’s solid waste contractor service for the removal of garbage and trash when the weekly average volumes exceed two (2) cubic yards per week. Bin service is to be provided by the Contractor exclusively within city corporation limits. The Contractor also acknowledges that, in accordance with Section 58-40of the City Code of Ordinances, the City Solid Waste Division does not collect Heavy Trash from commercial and/or industrial Producers. Heavy trash generated by commercial and industrial Producers may be deposited into the Bin by the Producer providing that it does not create a safety hazard for the driver or equipment while servicing the bin. It is agreed and understood between the parties that the Contractor agrees to accept the work at the prices and amounts stipulated in the Rate Schedule, within any adjustments to such prices and amounts as provided herein. This Contract shall become effective upon the execution of the Contract, and performance of such contract shall begin November 1, 2013. In the event of conflict with any terms, provisions or obligations of any of the Contract Documents, the General Specifications shall apply. GENERAL SPECIFICATIONS COLLECTION AND DISPOSAL OF COMMERCIAL SOLID WASTE 1.00 BINS - Metal receptacles designed to be lifted and emptied mechanically for use at Commercial and Industrial Units. For the purposes of this contract, Bins are containers of 2, 3, 4, 6, and 8 cubic yards designed for collection with a front- loading collection vehicle. 1.02 BULKY WASTE - Appliances, water tanks, furniture and other waste materials, with chlorofluorocarbons (CFC’s) removed and certified by an appropriately licensed other than technician, Construction Debris, Dead Animals, Hazardous Waste or Stable Matter with weights or volumes greater than those allowed for Bins. {If deposited in a bin, Bulky Waste is collected per Sections 1.04 and 3.01. If deposited other than in a bin, Bulky Waste is collected as Special Wasteper Sections 1.18 and 3.01.} 1.03 CITY - City of La Porte, Texas. 1.04 COMMERCIAL AND INDUSTRIAL REFUSE - All Bulky Waste, Construction Debris, Garbage, Rubbish and Stable Matter generated by a Producer at a Commercial and Industrial Unit excluding hazardous waste. {If deposited in a bin, Commercial and Industrial Refuse is collected per Section 3.01.} 1.05 COMMERCIAL AND INDUSTRIAL UNIT - All premises, locations or entities, public or private, requiring refuse collection within the current and future corporate limits of the City, other than a single-family Residential Unit. For the purposes of these specifications, apartments, condominiums and townhomes, and trailer parks are considered Commercial Units. The term “Units” and “Customers” are used interchangeably in this agreement and both terms are to be considered to have the same meaning. 1.06 CONSTRUCTION DEBRIS - Waste building materials resulting from construction, remodeling, repair or demolition operations. {If deposited in a bin, Construction Debris is collected per Sections 1.04 and 3.01. If deposited other than in a bin, Construction Debris is collected as Special Waste per Sections 1.18 and 3.01.} 1.07 CONTRACT DOCUMENTS - The Request for Bids, Instructions to Bidders, Affidavit, Bid, Bid Bond, Contract, General Specifications, including Appendix A, B, andC, Performance Bond and any addenda or changes to the foregoing documents agreed to by the City and the Contractor. 1.08 CONTRACTOR –The person, corporation, or partnership, or its duly authorized successor, performing Commercial and Industrial Refuse Collection and Disposal with the City under the terms of the Contract Documents. 1.09 DEAD ANIMALS - Animals or portions thereof equal to or greater than 10 lbs. in weight that have expired from any cause, except those slaughtered or killed for human use. {Per Section 3.01, the contractor may collect Dead Animals but is not obligated to do so.} 1.10 DISPOSAL SITE - A Refuse depository, including, but not limited to, sanitary landfills, transfer stations, incinerators and waste processing/separation centers licensed, permitted or approved by all governmental bodies and agencies having jurisdiction and requiring such licenses, permits or approvals to receive, for processing or final disposal of, Garbage, Refuse and Dead Animals. 1.11 GARBAGE - Any and all dead animals of less than 10 lbs. in weight, except those slaughtered for human consumption; every accumulation of waste (animal, vegetable and/or other matter) that results from the preparation, processing, consumption, dealing in, handling, packing, canning, storage, transportation, decay or decomposition of meats, fish, fowl, birds, fruits, grains or other animal or vegetable matter, (including but not by way of limitation, used tin cans and other food containers; and all putrescible or easily decomposed waste animal or vegetable matter which is likely to attract flies or rodents); except(in all cases) any matter included in the definition of Bulky Waste, Construction Debris, Dead Animals, Hazardous Waste, Rubbish or Stable Matter. {If deposited in a bin, Garbage is collected per Sections 1.04 and 3.01.} 1.12 HARD TO HANDLE WASTE - Any and all material that, because of its difficulty in collection, transport, or disposal causes the Contractor to incur an additional cost, including, but not limited to concrete. {Hard to Handle Waste by definition will always be outside of the bin and is collected as Special Waste per Section 1.18.} 1.13 HAZARDOUS WASTE - Waste, in any amount, which is defined, characterized or designated as hazardous by the United States Environmental Protection Agency or appropriate State agency by or pursuant to Federal or State law, or waste, in any amount, which is regulated under Federal or State law. For the purposes of this Contract, the term Hazardous Waste shall also include motor oil, gasoline or other petroleum product, paint and paint containers. {Per Section 3.01, the contractor may collect Hazardous Waste but is not obligated to do so.} 1.14 PRODUCER - An occupant of a Commercial and Industrial Unit who generates Refuse. 1.15 REFUSE - This term shall refer to Commercial and Industrial Refuse to be collected and disposed of pursuant to this Contract unless the context requires otherwise. 1.16 ROLL-OFF CONTAINER - A large metal container with an open or closed top which can be rolled on the back of a truck. Sizes of roll-off containers are generally 20, 30, or 40 cubic yards. {Roll-Off Containers are not governed by this contract and not part of this City franchise agreement.} 1.17 RUBBISH - All waste wood, wood products, tree trimmings, grass cuttings, dead plants, weeds, leaves, dead trees or branches, chips, shavings, sawdust, printed matter, paper, pasteboard, rags, straw, used and discarded mattresses, used and discarded clothing, used and discardedshoes and boots, combustible waste pulp and other products such as are used for packaging, or wrapping crockery and glass, ashes, cinders, floor sweepings, glass, mineral or metallic substances, and any and all other waste material not included in the definition of Bulky Waste, Construction Debris, Dead Animals, Garbage, Hazardous Waste or Stable Matter. {If deposited in a bin, Rubbish is collected per Sections 1.04 and 3.01. If deposited other than in a bin, Rubbish is collected as Special Waste per Sections 3.01.} 1.18 SPECIAL WASTE or SPECIAL COLLECTION – Bulky Waste, brush, Hard to Handle Waste from Commercial and/or Industrial Units or the same in excess of 10 cubic yards from Residential Units. Excluding Unacceptable Waste. When these items are not deposited in a collection bin, these items are to be collected by the Contractor at the request of the Commercial and/or Industrial Units or Cityat the Unit price (or less) specified by the Contractor in this proposal for a minimum volume of 3018cubic yards total at any one location or in aggregate of a number of locations within the city to be collected in the same trip by the Contractor.The Contractor will bill the Cityonly for those collections specifically requested by the City. 1.19 STABLE MATTER - All manure and other waste matter normally accumulated in or about a stable, or any animal, livestock or poultry enclosure, and resulting from the keeping of animals, poultry or livestock. {If deposited in a bin, Stable Matter is collected per Sections 1.04 and 3.01.} 1.20 UNACCEPTABLE WASTE – Any waste, the acceptance and handling of which by Contractor would cause a violation of any permit, condition, legal or regulatory requirement, substantial damage to Contractor's equipment or facilities, or present a danger to the health or safety of the public or Contractor's employees, including, but not limited to, Hazardous Waste, untreated Medical Waste, Dead Animals weighing ten pounds (10 lbs.) or greater, solid or dissolved material in domestic sewage, or solid or dissolved material in irrigation return flows, or industrial discharges subject to regulation by permit, soil, dirt, rock, sand, and other natural or man-made inert solid materials used to fill land if the object of the fill is to make the land suitable for the construction of surface improvements. {Per Section 3.01, the Contractor may collect Unacceptable Waste but is under no obligation to do so.} 2.00 SCOPE OF WORK - The work under this Contract shall consist of the items contained in the Contract Documents, including all the supervision, materials, equipment, labor, services and all other items necessary to complete said work in accordance with the Contract Documents. 2.01CONTRACTOR DUTIES - Contractor shall furnish all equipment and personnel needed to pick upRefuse in accordance with the Contract Documents. The Contractor shall makeall attempts reasonably possible to place the containers at customer's requested location. If not reasonably possible, Contractor may locate containers at next bestlocation. Contractor shall provide all administrative labor, material and equipment to service commercial accounts, including, but not limited to signing up new accounts, billing accounts, receiving and resolving customer inquiries and complaints and termination of accounts. Contractor is not responsible for damage to driveways or private streets because of normal use. This does not include Contractor varying from roadways and similar areas normally traveled for container pickup. Contractor or customer will place no containers on any City, County, or State rights-of-way. Containers must be placed entirely within the property of each customer. Contractor will be responsible for compliance with this provision. Customer has sole responsibility to provide container location, access, private roadway or driveway, and availability of same for accessibility twenty-four (24) hours per day. Each customer is solely responsible for damage done by collection equipmentto driveway, container area, or private roadway. If several small volume generators are located together, Contractor must make a reasonable effort to place one container for those customers to share. When a Bin is collected only once a week, the customer picks the collection day subject to other contract provisions regarding holidays and collection times. 2.02 CITY DUTIES - The City will inform all new commercial customers of Contractor’s exclusive right to collect containerized commercial Refuse,direct all inquiries to Contractor, and promptly notify Contractor of all utility service disconnects. 2.03 ROADWAYS - Contractor will be permitted to use the improvedstreets, roads, and alleys of the City in order to pick up Refuse. 2.04 LICENSES, PERMITS, AND TAXES - The Contractor shall obtain all licenses and permits (other than the license and permits granted by contract), and promptly pay all taxes required by the City and State, including all disposal fees and taxes that may, from time to time, be imposed by municipal, county state and federal agencies. 2.05 CONDITION OF BINS AND TRUCKS AT THE START OF CONTRACT - All Bins will be new and/or reconditioned at the start of the contract. The current contractor, if selected, will be required to recondition the existing containers as needed. Trucks are not required to be new but shall meet the standards provided in General Provisions of the Contract 3.00 TYPE OF COLLECTION 3.01 SERVICE PROVIDED - Contractor shall provide Bin collection service for the temporary and permanent collection of Commercial and Industrial Refuse to Commercial and Industrial Units according to individual agreement. The Contractor shall also provide special collection and disposal of Bulky Waste, Construction Debris, and Rubbish from residential, vacant and commercial properties, using methods other than providing bins, if requested, at rates as may be mutually agreeable between the Contractor and the Commercial and Industrial Producer but no greater than those rates established under Section 13.01. Contractor shall provide all administrative services to bill commercial customers, answer inquiries and complaints, and other duties related to servicing the customer accounts. Following all applicable federal and state regulations, the Contractor may, but is under no obligation to, provide for special collection of Dead Animals, Unacceptable Waste,and/or Hazardous Waste at Commercial and Industrial Units at its sole discretion and upon such terms and conditions as may be mutually agreeable between the Contractor and the Producer. 3.02 LOCATION AND CONDITION OF BINS FOR COLLECTION - Contractor shall provide Bins for Commercial and Industrial Units whenever customers request their usefor collection service as provided in and under this Contract.Each Bin shall display the Contractor's name and local telephone number in a clear and legible manner. All Bins shall be covered, and maintained in a good and nuisance-free condition. Each Bin shall be placed in an accessible, outside location on a hard surface. Contractor shall make all efforts to place the Bin at the customer's requested location, as long as the location is entirely within the customer's property. In no event will a Bin ever be placed on any City, County or State right-of-way. Bins shall be changed by the Contractor free of charge (unless caused by Customer’s improper use) as needed to address any and all health and safety concerns. 3.03 CITY FACILITIES - The Contractor agrees to provide Bins, and collect and dispose of Refuse from City-owned facilities identified on Exhibit B of the Contract Documents, at no charge to the City. The City reserves the right to make minor modifications to the number, placement and frequency of collection of such Bins from time to time, depending on the addition of facilities and seasonal requirements. 3.04 INITIAL START OF CONTRACT - It shall be the duty and responsibility of the Contractor to contact each and every Commercial and Industrial Unit to determine the collection and disposal needsof each Unit. If commercial service is currently provided, or if commercial service is required or desirable, the Contractor shall provide the size Bin and collection frequency necessary. 3.05 CUSTOMER BASE - It is understood that the Contractor has the exclusive right, as the City's Independent Contractor, to collect all Refuse from Commercial and Industrial Units within the corporate limits of the City. All existing customers of the City, are customers of the City, effective with this Contract, and will be serviced by the Contractor, acting as the City's Independent Contractor under the terms and conditions of this Contract. 4.00 COLLECTION OPERATION 4.01 HOURS OF OPERATION - In industrial and commercial areas with no residences within a reasonable distance, Refuse pickup may take place 24 hours per day. Apartment houses, condominiums, trailer parks, and any residential areas where commercial pick up occurs must be entered after 6:00 A.M. or before 8:00 P.M. (The City must be informed, the same day, of deviations to the service hours) 4.02 ROUTES - Commercial and Industrial Unit collection routes shall be established by the Contractor. The Contractor shall have the right to pursue with each Producer a collection frequency and Bin size that maximizes the Contractor's resources, while ensuring sanitary and odorous conditions are not compromised. If agreement cannot be reachedwith a customer, the City shall have the right to determine Bin size and collection frequency. 4.03 HOLIDAYS - Commercial and Industrial Unit collection shall not be required on the following recognized holidays: New Year's DayLabor Day Memorial Day Thanksgiving Day Independence DayChristmas Day When normal collection falls on a holiday, the Contractor will provide collection on the day before or the day after the holiday, at the Contractor's discretion. 4.04 SERVICE REQUESTS AND INQUIRIES - The Contractor will either a) maintain a business office within the Cityto receive requests for service and complaints, or b) make a Contractor representative available to meet with the customer at the location where the Refuse is produced as needed. In no case shall the Producer be required to travel outside of the city corporation limits to meet with the Contractor or a representative of the Contractor. The Contractor shall have a responsible person in charge who is available from 8:00 A.M. to 5:00 P.M. on weekdays, excluding Holidays to address customer requests and complaints. Provisions shall also be made for emergency calls after 5:00 P.M. on weekdays and Saturdays before 3:00 P.M. All requests for service, and any complaints from Commercial and Industrial Units received by the City shall be directed to the Contractor. All such requests and complaints shall be given prompt and courteous attention. The Contractor will accommodate all requests for extra service as the Contractor's schedule permits. In the case of alleged missed scheduled collections, the Contractor shall investigate and, if determined valid, shall arrange for the collection of the Refuse not collected within 24 hours after the complaint is received. 4.05 NEW AND DISCONTINUED SERVICES - The Contractor will comply with any request for new or discontinued service within two (2) Business Days of receipt of the request provided that the request would not violate any other provision in this Contract. In the case of new service requests, from time to time the Contractor may be required to consult with the potential Producer to determine Bin size and collection frequency. 4.06 INACCESSIBLE BINS - If, during the collection cycle, the Contractor in good faith determines that collection of a particular Commercial and Industrial Unit is not possible due to the inaccessibility of the Bin, through no fault of the Contractor, the Contractor will make a good faith effort to contact the customer to provide accessibility. The Contractor can, but is not required to, return the same day to provide collection. If the Contractor cannot gain accessibility on the regular scheduled collection day, the Contractor shall provide service on the next scheduled collection day, and the Unit shall be charged an amount as provided by the Contract equal to the amount due by Producer had the collection been made. 4.07 COLLECTION EQUIPMENT - The Contractor shall provide an adequate number of vehicles for regular collection services, including sufficient back-up vehicles. Vehicles shall be covered or totally enclosed, meet all statutory requirements for safety and other regulations, and shall be kept in good repair, appearance, and in a clean and sanitary, and free of leaks and excessive emissions at all times. The Contractor shall contain, enclose, or tie all waste and refuse in a manner that prevents spilling, leaking, or blowing. The Contractor shall be responsible for the immediate cleanup of all leakage, spillage, and blown debris resulting from the Contractor’s operations. The Contractor shall operate all vehicles and equipment in compliance with all applicable laws and in accordance with manufacturer’s specifications. Each vehicle shall have clearly visible, on each side of the vehicle, the name and telephone number of the Contractor. All trucks or other vehicles operated by the Contractor within the City shall be subject to and shall submit immediately to on the spot inspections by designated City representatives, and if found to be unsafe, the vehicle shall be immediately removedfrom service until it can be repaired and is successfully reinspected by the City. 4.08 COLLECTION AND TRANSPORT - All Refuse collected and transported by the Contractor shall be so contained that no spilling, leaking, blowing or falling occurs. If Refuse is spilled, leaked, blown or falls during collection or transport, the Contractor shall clean all such Refuse immediately. 4.09 DISPOSAL - All Refuse collected for disposal by the Contractor shall be transported to a Disposal Site. The charge for disposal shall be included in the rate set forth in the Contract for each Commercial and Industrial Unit. 4.10 CONTRACTOR'S EMPLOYEES - The Contractor shall assign a qualified person or persons to direct administration and collection and disposal operations and shall furnish the name or names of such person(s) to the City. Such person(s) shall have full authority to respond immediately to and resolve complaints or problems. Contractor's employees shall be uniformed, with company and name identification provided on said uniforms. All drivers will possess the appropriate license as issued by the Texas Department of Public Safety. 4.11 REPORTS AND ACCIDENTS – The Contractor shall report to the City as soon as practicable all accidents or occurrences resulting in injuries to the Contractor’s employees, agents, licenses, or invitees, or damage to property arising out of or during the course of the services performed by the Contractor on behalf of the City. And when requested, the Contractor shall furnish the City with a copy of reports made by the Contractor to the Contractor’s insurer or to others relative to such accidents or occurrences. 5.00 GOVERNING LAWS - This Contract shall be governed by the laws of the State of Texas and the Ordinances of the City of La Porte. Should any disagreement occur concerning the Contract, the parties agree that the venue for settling such disputes, including claims and suits, shall be Harris County, Texas, provided however, nothing in this paragraph shall prevent the parties from resolution of any dispute under Paragraph 17.00 of the Contract. 6.00 EFFECTIVE DATE AND TERM - This Contract shall become effective, and performance shall begin on November 1, 2013. The Contract shall be for a five (5) year period beginning on November 1, 2013 and remain in full force until October 31, 2018. The initial term of the Contract may be extended for an additional three (3) years, upon the mutual written agreement of the Contractor and the City. Request for extension by the Contractor shall be submitted in writing, on or before March 1, 2018. The request for extension shall contain the proposed pricing, including proposed formula for price increases, and any additional terms or conditions not contained in the original Contract Documents. If the City disapproves the proposed extension on or before May 1, 2018, the Contractor shall be entitled to terminate service effective November 1, 2018. If the City does not act on the proposed extension on or before May 1, 2018, or if the written Contractor request for extension is not served to the City by March 1, 2018, the Contractor agrees to extend the Contract with the City for one (1) additional year, from November 1, 2018 to October 31, 2019, according to Paragraph 13.02 of the Contract Documents at the sole discretion of the City. 7.00 INDEMNITY - The Contractor will indemnify and save harmless the City, its officers, agents, servants and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, fines, expenses and attorney's fees incident to any work done in the performance of this Contract, including damages, penalties or claims arising from the disposal of any Refuse by the Contractor or arising out of willful misconduct or a negligent act or omission of the Contractor, its officers, agents, servants and employees. However, the Contractor shall not be liable for any suits, actions, legal proceedings, claims, demands, damages, costs, expenses and attorney's fees arising out of a willful or negligent act or omission of the City, its officers, agents, servants and employees. 8.00 NONDISCRIMINATION - The Contractor in its employment, operations and service shall not discriminate against any person because of race, sex, age, creed, color, religion, national origin, or in any other manner prohibited by law. 9.00 NOTICE - All written notices shall be served by registered or certified mail to the parties, return receipt requested, as follows: CITY CONTRACTOR City of La Porte Waste Corporation of Texas, L.P. City Manager 604 West Fairmont Parkway La Porte, Texas 77571 Attn.: Vernon Smith, Regional V.P. 10.00 REQUIRED CONTRACTOR INSURANCE - The successful CONTRACTOR shall provide a certificate of insurance executed by an insurance company authorized to do business in Texas. CONTRACTOR shall obtain insurance as detailed. Each policy obtained by the CONTRACTOR for work with this Contract, with exception of the Worker's Compensation policy, shall name the CITY OF LA PORTE as an additional insured, and shall contain waiver of subrogation in favor of CITY OF LAPORTE. The coverage and amounts designated are minimum requirements and do not establish limits of the contractor's liability. Additional coverage may be provided at the CONTRACTOR'S option and expense. Insurance must include: General Liability: Commercial General Liability General Aggregate $2,000,000.00 Personal Injury $1,000,000.00 Property Damage $1,000,000.00 Each Occurrence $1,000,000.00 Automobile Liability: Combined Single Limit $1,000,000.00 Excess Liability: Umbrella Each Occurrence $1,000,000.00 Each Aggregate $1,000,000.00 Worker’s Compensation and Employer Liability: In form and quantities as required by State of Texas 11.00 PERFORMANCE BOND – Within fifteen (15) calendar days of the city council award of the Contract, the Contractor shall furnish to the City a corporate surety bond, issued by a corporate surety licensed to do business in the State of Texas, as security for the faithful performance of this Contract. Said surety bond must be in the amount of $696,328.92, which represents the estimated billing for the first year of the Contract. The bond shall indemnify the City against any loss resulting from any failure of performance by the Contractor up to and including the penal sum of the bond. 11.01 PREMIUM - The premium for the bond(s) described above shall be paid by the Contractor. A certificate from the surety showing that the bond premiums are paid in full shall accompany the bond. 11.02 POWER OF ATTORNEY - Attorneys in fact who sign performance bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney. 12.00 FAILURE TO PERFORM 12.01 TERMINATION BY CITY FOR CONTRACTOR'S DEFAULT The City may terminate the Contractor’s performance of services under this Agreement in the event of default by the Contractor and failure by the Contractor to cure such default after receiving notice thereof, as provided in this in Section. Default by the Contractor shall occur if the Contractor fails to observe or perform all of its duties under thisContract. Should such a default occur, the City may deliver a written notice to the Contractor describing such default and the proposed date of termination. Such date may not be sooner than sixty (60) days following receipt of the notice. The City, at its sole option, may extend the proposed date of termination to a later date. If, thirty (30) days prior to the proposed date of termination, the Contractor cures such default, the proposed termination shall be ineffective. If the Contractor fails to cure such default prior to the proposed date of termination, the City may terminate the Contractor's performance under this Contract as of such date. Upon the effective date of termination as contained in the notice, the Contractor shall, unless the notice directs otherwise, immediately discontinue all service in connection with this Contract. 12.02GROUNDS FOR CONTRACTOR DEFAULT - The following, by way of example, but not of limitation may be considered grounds for default by the Contractor, in whole or in part: a)Failure of Contractor to perform or observe any of the obligations, covenants, agreement, and conditions required to be performed or observed by herein; b)Failure of the Contractor to commence work operations within the time specified in the Contract; c) Failure of the Contractor to provide and maintain sufficient labor and equipment to properly execute working operations; d)Evidence that the Contractor has abandoned the work; e)Evidence that the Contractor has become insolvent, bankrupt, or otherwise financially unable to carry out the work satisfactorily; f)Indication that the Contractor has made an unauthorized assignment of the Contract or is subcontracting tasks without prior approval from the City. 12.03ACTIONS BY THE CITY IN LIEU OF TERMINATION - If the City determines and notifies the Contractor that a default poses an immediate threat to the health or safety of any person or to any property interest, and if the Contractor has not cured such default within twenty-four (24) hours after receipt of such notice, the City shall have the right to perform or cause to be performed all or part of the work necessary to cure such default. In the event that the City performs such work, or caused it to be performed, the Contractor shall compensate the City for the cost thereof. 12.03 FORCE MAJEURE - In the event that the Contractor is delayed or prevented from continuing in the performance of this Contract by reason of an Act of God, catastrophe, riot, war, governmental order or regulation, strike or other similar or different contingency beyond the reasonable control of the Contractor, the Contractor shall not be liable for damages arising solely out of such contingency. 13.00 BASIS AND METHOD OF PAYMENT 13.01 COLLECTION AND DISPOSAL RATES - For collection and disposal services required to be performed by the Contractor, the charges for said services shall be as outlined under Exhibit A (Rate Schedule), and said charges shall not exceed the rates as fixed by the Contract Documents, as adjusted in accordance with Paragraph 13.02. The Refuse collection charges provided in this section shall include all collection, disposal, billing, City and State fees, and related costs. Bins will be deemed full for purposes of determining cubic yards collected, with the capacity as determined by the manufacturer. 13.02 MODIFICATION OF RATES - The Contractor and the City hereby agree that the fees for such refuse collection and disposal service as provided in the Proposal Appendix B shall be binding upon both parties for the first year of the Contract (November 1, 2013 through October 31, 2014). In the event that the Contractor determines that an increase in such collection and disposal fees is required due to an increase of specific costs incurred by the Contractor in providing such services, then the Contractor shall submit, in writing, to the City on or before June 01, 2014, andon or about the same date in subsequent years, its proposal for increased fees and all supporting data related thereto, and such proposed increases shall be approved in accordance with Paragraph13.03 and 13.04, with a maximum annual rate increase as defined in Paragraph 13.05. 13.03 ANNUAL COST OF LIVING ADJUSTMENT – Beginning November 1, 2014, and in subsequent years thereafter, there shall be a cost of living adjustment of the base rates. The base rate for Commercial container service shall include collection, transport and disposal, billing, City and State fees,and related costs.The base rate for special collections shall include collection and transport costs. The annual cost of livingadjustment shall be calculated by multiplying the base rate by a fraction, the denominator of which shall be the April 2013 Consumer Price Index for all Urban Consumers (CPI-U), all items, U.S. City Average, and the numerator of which shall be the CPI-U for all items, U.S. City Average for April 2014, and subsequent dates of adjustment. 13.04 DISPOSAL COSTS - The rate for Special Collection only shall be increased annually to reflect increases in landfill disposal costs, but shall not exceed the current Type IV rate paid by the City for disposal of Type IV trash.The unit cost for container collection is subject to a rate increased provided in Sections 13.03 and 13.05 only. The unit cost for Special Collection is subject to a rate increased provided in this Section 13.04 and 13.05 only. 13.05 MAXIMUM ANNUAL RATE INCREASE - Regardless of the actual cost increase incurred by the Contractor in a given period, as defined in 13.03 and 13.04, the City shall never incur an increase greater than five percent(5%) of the prevailing base rate in any Contract year. Provided, however, any fees, in addition to current State fees, imposed on all Disposal Sites within a 25 mile radius of the City, by any local, state, federal or other regulatory agencies shall be passed to the City as they become effective. Such rate increase shall be in addition to and separate from any annual rate increase provided for in Paragraphs 13.03, 13.04 and 13.05. 13.06 APPROVAL OF RATE INCREASES - After receipt of the Contractor's proposal to increase rates as outlined in Paragraph 13.02, the City shall approve or disapprove of the proposed rate increase on or before August 1, 2014, and in subsequent years, provided that the City shall approve any rate increase that has been properly established under Section 13 of the Contract. Should the City fail to approve or disapprove of the proposed rate increase by such date, then the proposed increase shall take effect on November 1 of that Contract year. Should the Contractor and the City fail to agree on the proposed rate increase, the resolution shall be subject to Paragraph 17.00. 13.065 NOTIFICATION OF CUSTOMERS – Upon approval by the City, the Contractor is responsible for all notifications to current commercial customers of any proposed changes in service, rates, pickup hours and/or days or any other necessary and pertinent information. 13.07 CONTRACTOR MAY DISCONTINUE SERVICE - The Contractor may discontinue service to a Commercial or Industrial Unit that is more than thirty (30) days delinquent on their account with the Contractor. The Contractor shall provide notice to the Producer no sooner than fifteen (15) days after the date of the billing. The notification shall include a statement that service from the Contractor may be discontinued fifteen (15) days from the date of the notice if payment is not made before that time. In the event that the Contractor intends to discontinue a delinquent account, it shall notify the City at least seven (7) days prior to the Contractor discontinuing service of the account. Upon payment of the delinquent fees, the Contractor shall resume collection no later than the next regularly scheduled collection day. The Contractor shall not discontinue service to any Commercial or Industrial Unit for any reason except for delinquent payment and then only upon notification to the customer as outlined above. 13.075 DEPOSITS, ACTIVATION FEES, REACTIVATION FEES – The Contractor may require a deposit equal to or less than the anticipated one (1) month billing but only when a Customer’s credit history suggests a need or when some other unique circumstance dictates a need for a deposit. Deposits may only be required with the prior approval of the City. All funds deposited by the Customer shall be returned to the Customer upon the completion of the service to the Customer and upon the Contractor receipt of payment for all invoices. The Contractor will not assess an activation fee of any kind with the initial request for service from a customer orwith any Customer-requested change in service. The Contractor may assess a reactivation fee of no more than Seventy Dollars ($70) for each occurrence when a Customer’s account was deactivated for reasons outlined in Section 13.07. The Contractor maynot assess a reactivation fee on the first occurrence of an account being deactivated and then reactivated by the Customer. However, the Contractor may assess a Seventy Dollar ($70) maximum reactivation fee for each occurrence thereafter where a Customervoluntarily deactivates then reactivates an account. 13.08 CONTRACTOR PAYMENTS TO THE CITY - The Contractor shall pay the City, in consideration of the use of City streets and rights-of way for the performance of this Contract, eleven percent (11%) of the gross revenues of the Contractor for services provided in the City of La Porte, within ten (10) days following the end of each quarter. The City shall be entitled to payment for services rendered to Units regardless of the status of the Unit's account with the Contractor, subject to the provisions outlined in Paragraph 13.07. Any subsequent bad debt expense that arises from non-payment for services shall not be deducted from the eleven percent (11%) share of gross revenues. The Contractor's quarterly payment to the City shall include an itemized listing of each Commercial and Industrial Units' billing name, service address, account number, size and frequency of service and any extra service provided during the billing period. The Contractor’s quarterly report submitted to the City will also include a log of all complaints related to the service provided by the Contractor on behalf of the City including the date and time that the call was received, the nature of the complaint, planned response to the complaint, and the date and time and manner that the complaint was resolved. The 11% fee that is described in this paragraph will be paid to the City for those services that the Contractor is exclusively responsible to provide within the City. Those non-exclusive services that may or may not be provided by the Contractor such as roll-off dumpster service is not subject to the 11% fee. The City reserves the right to audit, utilizing its staff or outside assistance, the annual financial activity of the Contractor under this Contract, not more than once during any 12-month period. 13.09 HOUSEHOLD HAZARDOUS WASTE EVENTS – The City will host an annual Household Hazardous Waste Collection Event with eligible materials accepted from residential customers (only). The Contractor will co-sponsor the event through a financial contribution as mutually agreed upon by the Contractor and the City with this Contract proposal. The annual financial contribution for this event is fixed for the term ofthe Contract and may only be adjusted with the mutual agreement of both the City and the Contractor. The City is responsible for all advertising, collection, disposal, providing labor as necessary for the event. The Contractor is indemnified by separate agreementwith the City. At the Contractors discretion, the Contractor’s logo will appear with the City’s logo, and other sponsors if applicable, in all related event advertisements, banners, etc. where the City’s logo appears. The Contractor is under no obligation to provide staffing for the event but may do so at the Contractor’s sole discretion. 14.00 TRANSFERABILITY OF CONTRACT AND SUBCONTRACTING - Other than by operation of law, no assignment of the Contract or any other right accruing under this Contract shall be made, in whole or in part, neither shall the Contractor subcontract any task under this Contract without the express written consent of the City. The City shall have the right to investigate the proposed assignee, as outlined under the original proposal, and reserves the right to reject any proposed assignee that does not meet the requirements of the original proposal. The City agrees to not unreasonably withhold consent toassignment. Upon assignment, the assignee agrees to assume all terms and conditions of the Contract. 15.00 EXCLUSIVE CONTRACT - The Contractor shall have the sole and exclusive franchise, license, privilege and right to provide collection and disposal of Refuse from Commercial and Industrial Units, and special collections, within the corporate limits of the City. The Contractor shall have the right to solicit for collection and disposal of Dead Animals and Hazardous Waste, but such right shall not be exclusive. Notwithstanding this provision, the City reserves the right to contract collection and disposal of storm-related debris resulting from hurricanes or other natural disasters. 16.00 OWNERSHIP - Title to all Refuse and Dead Animals shall pass to the Contractor when placed in the Contractor's collection vehicle, removed by the Contractor from a Bin, or removed from the customer's premises. Title to Unacceptable Waste shall remain with the generator of that waste at all times. 17.00 ARBITRATION - Should a dispute arise regarding the interpretation of any provision of the Contract, except Paragraph 7.00, or any proposed rate increase under Paragraph 13.06, or monthly invoices under Paragraph 13.09 that cannot be resolved, within a reasonable amount of time, between the City and theContractor, the parties may request the determination of such dispute by a mutually acceptable arbitrator. Should the parties be unable to agree upon a mutually acceptable arbitrator, each party shall nominate one arbitrator and the arbitrators so nominated by the parties shall select a third arbitrator who will act with them as a three- member arbitration panel to decide the disagreement between the parties by the concurrence of a majority of the panel. Cost for such arbitration shall be borne equally byContractor and City, provided that each party shall bears its own attorney fees. The decision rendered by the arbitrator(s) will be final, subject only to judicial review as may be available under the Texas General Arbitration Act. Provided, however, that nothing in this paragraph shall prevent the parties from resolving disputes prior to formal arbitration. 18.00 RELATIONSHIP BETWEEN THE PARTIES - The relationship between the parties is that of the City, as Owner, and Independent Contractor. 19.00 MISCELLANEOUS 19.10 Terms used in this Agreement which are defined in the General Conditions will have the meanings indicated in the General Conditions. 19.20 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 19.30 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK Compare Current 2005 Contract to Proposed 2013 Version. Blue = Added with 2013; Red= Deleted from 2005. GENERAL SPECIFICATIONS COLLECTION AND DISPOSAL OF COMMERCIAL SOLID WASTE 1.00 BINS - Metal receptacles designed to be lifted and emptied mechanically for use at Commercial and Industrial Units. For the purposes of this contract, Bins are containers of 2, 3, 4, 6, and 8 cubic yards designed for collection with a front- loading collection vehicle. 1.02 BULKY WASTE - Appliances, water tanks, furniture and other waste materials, with chlorofluorocarbons (CFC’s) removed and certified by an appropriately licensed other than technician, Construction Debris, Dead Animals, Hazardous Waste or Stable Matter with weights or volumes greater than those allowed for Bins. {If deposited in a bin, Bulky Waste is collected per Sections 1.04 and 3.01. If deposited other than in a bin, Bulky Waste is collected as Special Wasteper Sections 1.18 and 3.01.} 1.03 CITY - City of La Porte, Texas. 1.04 COMMERCIAL AND INDUSTRIAL REFUSE - All Bulky Waste, Construction Debris, Garbage, Rubbish and Stable Matter generated by a Producer at a Commercial and Industrial Unitexcluding hazardous waste. {If deposited in a bin, Commercial and Industrial Refuse is collected per Section 3.01.} 1.05 COMMERCIAL AND INDUSTRIAL UNIT - All premises, locations or entities, public or private, requiring refuse collection within the current and future corporate limits of the City, other than a single-family Residential Unit. For the purposes of these specifications, apartments, condominiums and townhomes, and trailer parks are considered Commercial Units.The term “Units” and “Customers” are used interchangeably in this agreement and both terms are to be considered to have the same meaning. 1.06 CONSTRUCTION DEBRIS - Waste building materials resulting from construction, remodeling, repair or demolition operations. {If deposited in a bin, Construction Debris is collected per Sections 1.04 and 3.01. If deposited other than in a bin, Construction Debris is collected as Special Waste per Sections 1.18 and 3.01.} 1.07 CONTRACT DOCUMENTS - The Request for Bids, Instructions to Bidders, Affidavit, Bid, Bid Bond, Contract, General Specifications, including ExhibitAppendix A, B, Cand DC, Performance Bond and any addenda or changes to the foregoing documents agreed to by the City and the Contractor. 1 Compare Current 2005 Contract to Proposed 2013 Version. Blue = Added with 2013; Red= Deleted from 2005. 1.08 CONTRACTOR –Allied/BFI Waste Services of Texas LPThe person, corporation, or partnership, or its duly authorized successor, performing Commercial and Industrial Refuse Collection and Disposal with the City under the terms of the Contract Documents. 1.09 DEAD ANIMALS - Animals or portions thereof equal to or greater than 10 lbs. in weight that have expired from any cause, except those slaughtered or killed for human use. {Per Section 3.01, the contractor may collect Dead Animals but is not obligated to do so.} 1.10 DISPOSAL SITE - A Refuse depository, including, but not limited to, sanitary landfills, transfer stations, incinerators and waste processing/separation centers licensed, permitted or approved by all governmental bodies and agencies having jurisdiction and requiring such licenses, permits or approvals to receive, for processing or final disposal of, Garbage, Refuse and Dead Animals. 1.11 GARBAGE - Any and all dead animals of less than 10 lbs. in weight, except those slaughtered for human consumption; every accumulation of waste (animal, vegetable and/or other matter) that results from the preparation, processing, consumption, dealing in, handling, packing, canning, storage, transportation, decay or decomposition of meats, fish, fowl, birds, fruits, grains or other animal or vegetable matter, (including but not by way of limitation, used tin cans and other food containers; and all putrescible or easily decomposed waste animal or vegetable matter which is likely to attract flies or rodents); except(in all cases) any matter included in the definition of Bulky Waste, Construction Debris, Dead Animals, Hazardous Waste, Rubbish or Stable Matter. {If deposited in a bin, Garbage is collected per Sections 1.04 and 3.01.} 1.12 HARD TO HANDLE WASTE - Any and all material that, because of its difficulty in collection, transport, or disposal causes the Contractor to incur an additional cost, including, but not limited to concrete. {Hard to Handle Waste by definition will always be outside of the bin and is collected as Special Waste per Section 1.18.} 1.13 HAZARDOUS WASTE - Waste, in any amount, which is defined, characterized or designated as hazardous by the United States Environmental Protection Agency or appropriate State agency by or pursuant to Federal or State law, or waste, in any amount, which is regulated under Federal or State law. For the purposes of this Contract, the term Hazardous Waste shall also include motor oil, gasoline or other petroleum product, paint and paint containers. {Per Section 3.01, the contractor may collect Hazardous Waste but is not obligated to do so.} 1 Compare Current 2005 Contract to Proposed 2013 Version. Blue = Added with 2013; Red= Deleted from 2005. 1.14 PRODUCER - An occupant of a Commercial and Industrial Unit who generates Refuse. 1.15 REFUSE - This term shall refer to Commercial and Industrial Refuse to be collected and disposed of pursuant to this Contract unless the context requires otherwise. 1.161.16ROLL-OFF CONTAINER - A large metal container with an open or closed top which can be rolled on the back of a truck. Sizes of roll-off containers are generally 20, 30, or 40 cubic yards. {Roll-Off Containers are not governed by this contract and not part of this City franchise agreement.} 1.17 RUBBISH - All waste wood, wood products, tree trimmings, grass cuttings, dead plants, weeds, leaves, dead trees or branches, chips, shavings, sawdust, printed matter, paper, pasteboard, rags, straw, used and discarded mattresses, used and discarded clothing, used and discardedshoes and boots, combustible waste pulp and other products such as are used for packaging, or wrapping crockery and glass, ashes, cinders, floor sweepings, glass, mineral or metallic substances, and any and all other waste material not included in the definition of Bulky Waste, Construction Debris, Dead Animals, Garbage, Hazardous Waste or Stable Matter. 1.17 {If deposited in a bin, Rubbish is collected per Sections 1.04 and 3.01. If deposited other than in a bin, Rubbish is collected as Special Waste per Sections 3.01.} 1.18 SPECIAL WASTE or SPECIAL COLLECTION – Bulky Waste, brush, Hard to Handle Waste from Commercial and/or Industrial Units or the same in excess of 10 cubic yards from Residential Units. Excluding Unacceptable Waste. When these items are not deposited in a collection bin, these items are to be collected by the Contractor at the request of the Commercial and/or Industrial Units or Cityat the Unit price (or less) specified by the Contractor in this proposal for a minimum volume of 18 cubic yards total at any one location or in aggregate of a number of locations within the city to be collected in the same trip by the Contractor.The Contractor will bill the Cityonly for those collections specifically requested by the City. 1.19 STABLE MATTER - All manure and other waste matter normally accumulated in or about a stable, or any animal, livestock or poultry enclosure, and resultingfrom the keeping of animals, poultry or livestock. {If deposited in a bin, Stable Matter is collected per Sections 1.04 and 3.01.} 1.20 UNACCEPTABLE WASTE – Any waste, the acceptance and handling of which by Contractor would cause a violation of any permit, condition, legal or regulatory requirement, substantial damage to Contractor's equipment or facilities, or present a danger to the health or safety of the public or Contractor's employees, 1 Compare Current 2005 Contract to Proposed 2013 Version. Blue = Added with 2013; Red= Deleted from 2005. including, but not limited to, Hazardous Waste, untreated Medical Waste, Dead Animals weighing ten pounds (10 lbs.) or greater, solid or dissolved material in domestic sewage, or solid or dissolved material in irrigation return flows, or industrial discharges subject to regulation by permit, soil, dirt, rock, sand, and other natural or man-made inert solid materials used to fill land if the object of the fill is to make the land suitable for the construction of surface improvements. {Per Section 3.01, the Contractor may collect Unacceptable Waste but is under no obligation to do so.} 2.00 SCOPE OF WORK - The work under this Contract shall consist of the items contained in the Contract Documents, including all the supervision, materials, equipment, labor, services and all other items necessary to complete said work in accordance with the Contract Documents. 2.01CONTRACTOR DUTIES - Contractor shall furnish all equipment and personnel needed to pick upRefuse in accordance with the Contract Documents. The Contractor shall makeall attempts reasonably possible toplace the containers at customer's requested location. If not reasonably possible, Contractor may locate containers at next bestlocation. Contractor shall provide all administrative labor, material and equipment to service commercial accounts, including, but not limited to signing up new accounts, billing accounts, receiving and resolving customer inquiries and complaints and termination of accounts. Contractor is not responsible for damage to driveways or private streets because of normal use. This does not include Contractor varying from roadways and similar areas normally traveled for container pickup. Contractor or customer will place no containers on any City, County, or State rights-of-way. Containers must be placed entirely within the property of each customer. Contractor will be responsible for compliance with this provision. Customer has sole responsibility to provide container location, access, private roadway or driveway, and availability of same for accessibility twenty-four (24) hours per day. Each customer is solely responsible for damage done by collection equipment to driveway, containerarea, or private roadway. If several small volume generators are located together, Contractor must make a reasonable effort to place one container for those customers to share. When a Bin is collected only once a week, the customer picks the collection day subject to other contract provisions regarding holidays and collection times. 1 Compare Current 2005 Contract to Proposed 2013 Version. Blue = Added with 2013; Red= Deleted from 2005. 2.02 CITY DUTIES - The City will inform all new commercial customers of Contractor’s exclusive right to collect containerized commercial Refuse,direct all inquiriesto Contractor, and promptly notify Contractor of all utility service disconnects. 2.03 ROADWAYS - Contractor will be permitted to use the improvedstreets, roads, and alleys of the City in order to pick up Refuse. 2.04 LICENSES, PERMITS, AND TAXES - The Contractor shall obtain all licenses and permits (other than the license and permits granted by contract), and promptly pay all taxes required by the City and State, including all disposal fees and taxes that may, fromtime to time, be imposed by municipal, county state and federal agencies. 2.05 CONDITION OF BINS AND TRUCKS AT THE START OF CONTRACT - All Bins will be new and/or reconditioned at the start of the contract. The current contractor, if selected, will be required to recondition the existing containers as needed. Trucks are not required to be new but shall meet the standards provided in General Provisions of the Contract 3.00 TYPE OF COLLECTION 3.01 SERVICE PROVIDED - Contractor shall provide Bincollection service for the temporary and permanent collection of Commercial and Industrial Refuse to Commercial and Industrial Units according to individual agreement. The Contractor shall also provide special collection and disposal of bulky waste, construction debrisBulky Waste, Construction Debris, and rubbishRubbishfrom residential, vacant and commercial properties, using methods other than providing bins, if requested, at rates as may be mutually agreeable between the Contractor and the Commercial and Industrial Producer but no greater than those rates established under Section 13.01. Contractor shall provide all administrative services to bill commercial customers, answer inquiries and complaints, and other duties related to servicing the accountcustomer accounts. The Following all applicable federal and state regulations, theContractor may, from timebut is under no obligationtotime, provide for special collection of Dead Animals, Unacceptable Waste,and/orHazardous Waste at Commercial and Industrial Units at its sole discretion and upon such terms and conditions as may be mutually agreeable between the Contractor and the Producer. 3.02 LOCATION AND CONDITION OF BINS FOR COLLECTION - Contractor shall provide Bins for Commercial and Industrial unitsUnitswhenever customers request their usefor collection service as provided in and under this Contract. Each Bin shall display the Contractor's name and local telephone number in a clear and 1 Compare Current 2005 Contract to Proposed 2013 Version. Blue = Added with 2013; Red= Deleted from 2005. legible manner. All Bins shall be covered, and maintained in a good and nuisance- free condition. Each Bin shall be placed in an accessible, outside location on a hard surface. Contractor shall make all efforts to place the Bin at the customer's requested location, as long as the location is entirely within the customer's property. In no event will a Bin ever be placed onany City, County or State right-of-way. Bins shall be changed by the Contractor free of charge (unless caused by Customer’s improper use) as needed to address any and all health and safety concerns. 3.03 CITY FACILITIES - The Contractor agrees to provide Bins, and collect and dispose of Refuse from City-owned facilities identified on Exhibit B of the Contract Documents, at no charge to the City. The City reserves the right to make minor modifications to the number, placement and frequency of collection of such Bins from time to time, depending on the addition of facilities and seasonal requirements. 3.04 INITIAL START OF CONTRACT - It shall be the duty and responsibility of the Contractor to contact each and every Commercial and Industrial Unit todetermine the collection and disposal needs of each Unit. If commercial service is currently provided, or if commercial service is required or desirable, the Contractor shall provide the size Bin and collection frequency necessary. 3.05 CUSTOMER BASE - It is understood that the Contractor has the exclusive right, as the City's Independent Contractor, to collect all Refuse from Commercial and Industrial Units within the corporate limits of the City. All existing customers of the City, are customers of the City, effective with this Contract, and will be serviced by the Contractor, acting as the City's Independent Contractor under the terms and conditions of this Contract. 4.00 COLLECTION OPERATION 4.01HOURS OF OPERATION -Collection of Commercial and Industrial Refuse shall be permitted before 6:00 A.M., provided that collection routes do not disturb single family or multi-family residential units. 4.01 HOURS OF OPERATION - In industrial and commercialareas with no residences within a reasonable distance, Refuse pickup may take place 24 hours per day. Apartment houses, condominiums, trailer parks, and any residential areas where commercial pick up occurs must be entered after 6:00 A.M. or before 8:00 P.M. (The City must be informed, the same day, of deviations to the service hours) 4.02 ROUTES - Commercial and Industrial Unit collection routes shall be established by the Contractor. The Contractor shall have the right to pursue with each Producer a collection frequency and Bin size that maximizes the Contractor's resources, while ensuring sanitary and odorous conditions are not compromised. If agreement 1 Compare Current 2005 Contract to Proposed 2013 Version. Blue = Added with 2013; Red= Deleted from 2005. cannot be reachedwith a customer, the City shall have the right to determine Bin size and collection frequency. 4.03 HOLIDAYS - Commercial and Industrial Unit collection shall not be required on the following recognized holidays: New Year's DayLabor Day Memorial Day Thanksgiving Day Independence DayChristmas Day When normal collection falls on a holiday, the Contractor will provide collection on the day before or the day after the holiday, at the Contractor's discretion. 4.04 SERVICE REQUESTS AND INQUIRIES - The Contractor will either a) maintain a business office within thecityCityto receive requests for service and complaints. It, or b) make a Contractor representative available to meet with the customer at the location where the Refuse is produced as needed. In no caseshall the Producer beequipped with sufficient telephones and required to travel outside of the city corporation limits to meet with the Contractor or a representative of the Contractor. The Contractor shall have a responsible person in charge who is available from 8:00 A.M. to 5:00 P.M. on weekdays, excluding Holidaysto address customer requests and complaints. Provisions shall also be made for emergency calls after 5:00 P.M. on weekdays and Saturdays before 3:00 P.M. All requests for service, and any complaints from Commercial and Industrial Units received by the City shall be directed to the Contractor. All such requests and complaints shall be given prompt and courteous attention. The Contractor will accommodate all requests for extra service as the Contractor's schedule permits. In the case of alleged missed scheduled collections, the Contractor shall investigate and, if determined valid, shall arrange for the collection of the Refuse not collected within 24 hours after the complaint is received. 4.05 NEW AND DISCONTINUED SERVICES - All requestsfor new and discontinued service shall be directed to the Contractor, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday, excluding Holidays. The Contractor will comply with theanyrequest for new or discontinued service within 48 hourstwo (2) Business Daysof receipt of the request.provided that the request would not violate any other provision in thisContract. In the case of new service requests, from time to time the Contractor may be required to consultwith the potential Producer to determine Bin size and collection frequency. 4.06 INACCESSIBLE BINS - If, during the collection cycle, the Contractor in good faith determines that collection of a particular Commercial and Industrial Unit is not possible due to the inaccessibility of the Bin, through no fault of the Contractor, the Contractor will make a good faith effort to contact the Unitcustomerto provide accessibility. The Contractor can, but is not required to, return the same day to provide collection. If the Contractor cannot gain accessibility on the regular 1 Compare Current 2005 Contract to Proposed 2013 Version. Blue = Added with 2013; Red= Deleted from 2005. scheduled collection day, the Contractor shall provide service on the next scheduled collection day, and the Unit shall be charged an amount as provided by the Contract equal to the amount due by Producer had the collection been made. 4.07 COLLECTION EQUIPMENT - The Contractor shall provide an adequate number of vehicles for regular collection services, including sufficient back-up vehicles. Vehicles shall be covered or totally enclosed, meet all statutory requirements for safety and other regulations, and shall be kept in good repair, appearance, and in a sanitary condition at all times.clean and sanitary, and free of leaks and excessive emissions at all times. The Contractor shall contain, enclose, or tie all waste and refuse in a manner that prevents spilling, leaking, or blowing. The Contractor shall be responsible for the immediate cleanup of all leakage, spillage, and blown debris resulting from the Contractor’s operations. The Contractor shall operate all vehicles and equipment in compliance with all applicable laws and in accordance with manufacturer’s specifications.Each vehicle shall have clearly visible, on each side of the vehicle, the name and telephone number of the Contractor. All trucks or other vehicles operated by the Contractor within the City shall be subject to and shall submit immediately to on the spot inspections by designated City representatives, and if found to be unsafe, the vehicle shall be immediately removed fromservice until it can be repaired and is successfully reinspected by the City. 4.08 COLLECTION AND TRANSPORT - All Refuse collected and transported by the Contractor shall be so contained that no spilling, leaking, blowing or falling occurs. If Refuseis spilled, leaked, blown or falls during collection or transport, the Contractor shall clean all such Refuse immediately. 4.09 DISPOSAL - All Refuse collected for disposal by the Contractor shall be transported to a Disposal Site. The charge for disposal shall be included in the rate set forth in the Contract for each Commercial and Industrial Unit. 4.10 CONTRACTOR'S EMPLOYEES - The Contractor shall assign a qualified person or persons to direct administration and collection and disposal operations and shall furnish the name or names of such person(s) to the City. Such person(s) shall have full authority to respond immediately to and resolve complaints or problems. Contractor's employees shall be uniformed, with company and name identification provided on said uniforms. All drivers will possess the appropriate license as issued by the Texas Department of Public Safety. 4.11 REPORTS AND ACCIDENTS – The Contractor shall report to the City as soon as practicable all accidents or occurrences resulting in injuries to the Contractor’s employees, agents, licenses, or invitees, or damage to property arising out of or during the course of the services performed by the Contractor on behalf of the City. And when requested, the Contractor shall furnish the City with a copy of reports 1 Compare Current 2005 Contract to Proposed 2013 Version. Blue = Added with 2013; Red= Deleted from 2005. made by the Contractor to the Contractor’s insurer or to others relative to such accidents or occurrences. 5.00 GOVERNING LAWS - This Contract shall be governed by the laws of the State of Texas and the Ordinances of the City of La Porte. Should any disagreement occur concerning the Contract, the parties agree that the venue for settling such disputes, including claims and suits, shall be Harris County, Texas, provided however, nothing in this paragraph shall prevent the parties from resolution of any dispute under Paragraph 17.00 of the Contract. contract 6.00 EFFECTIVE DATE AND TERM - This Contractshall become effective, 2005 and performance shall begin on November 1, 2013. The Contract shall be for 2005 a five (5) year period beginning on November 1, 2013and remain in full force 2010 until October 31, 2018. The initial term of the Contract may be extended for Mutual an additional three (3) years, upon the mutual writtenagreement of the Contractor and the City. Request for extension by the Contractor shall be submitted June2010 in writing, on or before March1, 2018. The request for extension shall contain the proposed pricing, including proposed formula for price increases, and any additional terms or conditions not contained in the original Contract Documents. August If the City disapproves the proposed extension on or before May1, 2010 2018, the Contractor shall be entitled to terminate service effective November 2010, provided written notice is served to the City on or before August 15, 1, 2010. 2018.If the City does not act on the proposed extension on or before August2010notice May1, 2018, or if the written Contractor request for extensionis August 15, 2010 not served to the City by March 1, 2018, the Contractor agrees to extend the Contract with the City for one (1) additional year, from November 1, 20102011 2018to October 31, 2019, according to Paragraph 13.02 of the Contract Documentsat the sole discretion of the City. 7.00 INDEMNITY - The Contractor will indemnify and save harmless the City, its officers, agents, servants and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, fines, expenses and attorney's fees incident to any work done in the performance of this Contract, including damages, penalties or claims arising from the disposal of any wasteRefuseby the Contractor or arising out of awillful misconduct or anegligent act or omission of the Contractor, its officers, agents, servants and employees. However, the Contractor shall not be liable for any suits, actions, legal proceedings, claims, demands, damages, costs, expenses and attorney's fees arising out of a willful or negligent act or omission of the City, its officers, agents, servants and employees. 8.00 NONDISCRIMINATION - The Contractor in its employment, operations and service shall not discriminate against any person because of race, sex, age, creed, color, religion, national origin, or in any other manner prohibited by law. 9.00 NOTICE - All written notices shall be served by registered or certified mail to the parties, return receipt requested, as follows: 1 Compare Current 2005 Contract to Proposed 2013 Version. Blue = Added with 2013; Red= Deleted from 2005. CITY CONTRACTOR City of La Porte Allied/BFI Waste SystemsCorporationof TexasLP, L.P. City Manager 5301 Glenbrook Drive 604 West Fairmont Parkway Houston, Texas 77017 La Porte, Texas 77571 Attn.: Vernon Smith, Regional V.P. 10.00INSURANCE -The Contractor shall, at all times during the term of this Contract, maintain in full force and effect Employer's Liability, Worker's Compensation, Public Liability and Property Damage insurance, including Contractual Liability coverage for the provisions of Section 7.00. All insurance shall be by insurers licensed to do business in the State of Texas, and for the policy limits as specified by the City, before the commencement of work. The Contractor agrees to furnish the City certificates of insurance or other evidence satisfactory to the City to the effect that such insurance has been procured and is in force. The certificates shall contain the following express obligations: "This is to certify that the policies of insurance described herein have been issued to the insured for whom this certificate is executed and are in full force at this time. In the event of cancellation or material change in a policy affecting the certificate holder, thirty (30) days prior written notice will be given the certificate holder." The Contractor may elect, with the express prior written consent of the City, to insure the required coverages under plan(s) of self-insurance. The coverages may be provided by the Contractor's parent corporation, subject to all applicable provisions of Texas law and the licensing requirements of the appropriate State of Texas agency. 10.01.1INSURANCE POLICY LIMITS -For the purposes of the Contract, the Contractor shall carry the following types of insurance in at least the limits specified below: COVERAGESLIMITS OF LIABILITY Worker's CompensationStatutory 10.00Employer's Liability$500REQUIRED CONTRACTOR INSURANCE - The successful CONTRACTOR shall provide a certificate of insurance executed by an insurance company authorized to do business in Texas. CONTRACTOR shall obtain insurance as detailed. Each policy obtained by the CONTRACTOR for work with this Contract, with exception of the Worker's Compensation policy, shall name the CITY OF LA 1 Compare Current 2005 Contract to Proposed 2013 Version. Blue = Added with 2013; Red= Deleted from 2005. PORTE as an additional insured, and shall contain waiver of subrogation in favor of CITY OF LA PORTE. The coverage and amounts designated are minimum requirements and do not establish limits of the contractor's liability. Additional coverage may be provided at the CONTRACTOR'S option and expense. Insurance must include: General Liability: Commercial General Liability General Aggregate $2,000per occurrence Public Liability, Bodily$500,000each occurrence.00 Personal Injury, Including Death, $1,000,000aggregate.00 Except Automobile Property DamageLiability$500,000 each occurrence Except Automobile$1,000,000aggregate.00 Each Occurrence $1,000,000.00 Automobile Bodily Injury$500,000 each person Liability, (owned and non-: Combined Single Limit $1,000,000ea. occurrence.00 owned), Including Death Automobile Property$500,000 each occurrence Damage Liability (owned and non-owned) Excess Liability: UmbrellaLiability$5 Each Occurrence $1,000,000.00 Each Aggregate $1,000ea. occurrence,000.00 Worker’s Compensation and Employer Liability: In form and quantities as required by State of Texas 11.00 PERFORMANCE BOND -Upon– Within fifteen (15) calendar days of the city councilaward of the Contract, the Contractor shall furnish to the City a corporate surety bond, issued by a corporate surety licensed to do business in the State of Texas, as security for the faithful performance of this Contract. Said surety bond must be in the amount of $706,804.44696,328.92, which represents the estimated billing for the first year of the Contract. The bond shall indemnify the City against any loss resulting from any failure of performance by the Contractor up to and including the penal sum of the bond. 1 Compare Current 2005 Contract to Proposed 2013 Version. Blue = Added with 2013; Red= Deleted from 2005. 11.01 PREMIUM - The premium for the bond(s) described above shall be paid by the Contractor. A certificate from the surety showing that the bond premiums are paid in full shall accompany the bond. 11.02 POWER OF ATTORNEY - Attorneys in fact who sign performance bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney. 12.00 FAILURE TO PERFORM 12.01NOTICE -All terms and conditions of the Contract are considered to be material and a failure to perform or a breach of any condition, term or provision of any part of the Contract shall be considered to be a default constituting grounds for termination or other default relief. Should the Contractor fail to perform any of its contractual obligations, the City shall provide written notice within ten (10) days of the failure by the Contractor. The notice shall set forth the causes and reasons for the proposed termination and cancellation. The City's failure to give notice shall not be deemed a waiver of subsequent defaults or failure to perform. 12.02REMEDY -Should the Contractor fail to correct such breach within thirty (30) days of the notice, the City may, at its option, terminate this agreement and negotiate with other contractors for the performance of the service. Such action shall not release the Contractor of liability to the City for such breach of agreement. In the event of termination under this provision, the City may utilize the performance bond(s) to fund cost of service for collection and disposal, and may avail itself of any other remedy allowed by law for damages resulting from Contractor's failure to perform. 12.01 TERMINATION BY CITY FOR CONTRACTOR'S DEFAULT The City may terminate the Contractor’s performance of services under this Agreement in the event of default by the Contractor and failure by the Contractor to cure such default after receiving notice thereof, as provided in this in Section. Default by the Contractor shall occur if the Contractor fails to observe or perform all of its duties under thisContract. Should such a default occur, the City may deliver a written notice to the Contractor describing such default and the proposed date of termination. Such date may not be sooner than sixty (60) days following receipt of the notice. The City, at its sole option, may extend the proposed date of termination to a later date. If, thirty (30) days prior to the proposed date of termination, the Contractor cures such default, the proposed termination shall be ineffective. If the Contractor fails to cure such default prior to the proposed date of termination, the City may terminate the Contractor's performance under this Contract as of such date. Upon the effective date of termination as contained in the notice, the Contractor shall, unless the notice directs otherwise, immediately discontinue all service in connection with this Contract. 1 Compare Current 2005 Contract to Proposed 2013 Version. Blue = Added with 2013; Red= Deleted from 2005. 12.02GROUNDS FOR CONTRACTOR DEFAULT - The following, by way of example, but not of limitation may be considered grounds for default by the Contractor, in whole or in part: a)Failure of Contractor to perform or observe any of the obligations, covenants, agreement, and conditions required to be performed or observed by herein; b)Failure of the Contractor to commence work operations within the time specified in the Contract; c) Failure of the Contractor to provide and maintain sufficient labor and equipment to properly execute working operations; d)Evidence that the Contractor has abandoned the work; e)Evidence that the Contractor has become insolvent, bankrupt, or otherwise financially unable to carry out the work satisfactorily; f)Indication that the Contractor has made an unauthorized assignment of the Contract oris subcontracting tasks without prior approval from the City. 12.03ACTIONS BY THE CITY IN LIEU OF TERMINATION - If the City determines and notifies the Contractor that a default poses an immediate threat to the health or safety of any person or to any property interest, and if the Contractor has not cured such default within twenty-four (24) hours after receipt of such notice, the City shall have the right to perform or cause to be performed all or part of the work necessary to cure such default. In the event that the City performs such work, or caused it to be performed, the Contractor shall compensate the City for the cost thereof. 12.03 FORCE MAJEURE - In the event that the Contractor is delayed or prevented from continuing in the performance of this Contract by reason of an Act of God, catastrophe, riot, war, governmental order or regulation, strike or other similar or different contingency beyond the reasonable control of the Contractor, the Contractor shall not be liable for damages arising solely out of such contingency. 13.00 BASIS AND METHOD OF PAYMENT 13.01 COLLECTION AND DISPOSAL RATES - For collection and disposal services Contract required to be performed by the Contractor, the charges for said services shall be as outlined under Exhibit A (Rate Schedule), and said charges shall not exceed the rates as fixed by the Contract Documents, as adjusted in accordance with Paragraph 13.02. The Refuse collection charges provided in this section shall include all collection, disposal, billing,City and State fees, and related costs. Bins will be deemed full for purposes of determining cubic yards collected, with the capacity as determined by the manufacturer. 1 Compare Current 2005 Contract to Proposed 2013 Version. Blue = Added with 2013; Red= Deleted from 2005. 13.02 MODIFICATION OF RATES - The Contractor and the City hereby agree that the fees for such refuse collection and disposal service as provided in Exhibit A andthe Proposal AppendixB shall be binding upon both parties for the first year of the Contract, that is from (November 1, 20052013through October 31, 2006.2014).In the event that the Contractor determines that an increase in such collection and disposal fees is required due to an increase of specific costs incurred by the Contractor in providing such services, then the Contractor shall submit, in writing, to the City on or before June 15, 2006, and01, 2014, and on or about the same date in subsequent years, its proposal for increased fees and all supporting data related thereto, and such proposed increases shall be approved in accordance with Paragraph13.03 and 13.04, with a maximum annual rate increase as defined in Paragraph 13.05. 13.03 ANNUAL COST OF LIVING ADJUSTMENT – Beginning November 1, 20062014, and in subsequent years thereafter, there shall be a cost of living adjustment of the base rates. The base rate for commercialCommercialcontainer service shall include collection, transport and disposal, billing, City and State fees,and related costs. The base rate for special collections shall include collection and transport costs. The annual cost of livingadjustment shall be calculated by multiplying the base rate by a fraction, the denominator of which shall be the April 20052013 Consumer Price Index for all Urban Consumers (CPI-U), all items, U.S. City Average, and the numerator of which shall be the CPI-U for all items, U.S. City Average for April 20062014, and subsequent dates of adjustment. special collection 13.04 DISPOSAL COSTS - The rate for Special Collectiononly shall be increased annually to reflect increases in landfill disposal costs, but shall not exceed the current Type IV rate paid by the City for disposal of Type IV trash. The unit cost for container collection is subject to a rate increased provided in Sections 13.03 and 13.05 only. The unit cost for Special Collection is subject to a rate increased provided in this Section 13.04 and 13.05 only. 13.05 MAXIMUM ANNUAL RATE INCREASE - Regardless of the actual cost increase incurred by the Contractor in a given period, as defined in 13.03 and 13.04, the City shall never incur an increase greater than five percent(5%) of the prevailing base rate in any Contract year. Provided, however, any fees, in addition to current State fees, imposed on all Disposal Sites within a 25 mile radius of the City, by any local, state, federal or other regulatory agencies shall be passed to the City as they become effective. Such rate increase shall be in addition to and separate from any annual rate increase provided for in Paragraphs 13.03, 13.04 and 13.05. 13.06 APPROVAL OF RATE INCREASES - After receipt of the Contractor's proposal to increase rates as outlined in Paragraph 13.02, the City shall approve or disapprove 2006 of the proposed rate increase on or before August 1, 2014, and in subsequent years, provided that the City shall approve any rate increase that has been properly established under Section 13 of the Contract. Should the City fail to approve or disapprove of the proposed rate increase by such date, then the proposed increase shall take effect on November 1 of that Contract year. Should the Contractor and 1 Compare Current 2005 Contract to Proposed 2013 Version. Blue = Added with 2013; Red= Deleted from 2005. the City fail to agree on the proposed rate increase, the resolution shall be subject to Paragraph 17.00. 13.07DELINQUENT ACCOUNTS -The Contractor shall have the right to discontinue Refuse collection service to any Commercial and Industrial Unit, delinquent in its payments after thirty (30) days. 13.065 NOTIFICATION OF CUSTOMERS – Upon approval by the City, the Contractor is responsible for all notifications to current commercial customers of any proposed changes in service, rates, pickup hours and/or days or any other necessary and pertinent information. 13.07 CONTRACTOR MAY DISCONTINUE SERVICE - The Contractor may discontinue service to a Commercial or Industrial Unit that is more than thirty (30) days delinquent on their account with the Contractor. The Contractor shall provide notice to the Producer no sooner than fifteen (15) days after the date of the billing. The notification shall include a statement that service from the Contractor may be discontinued fifteen (15) days from the date of the notice if payment is not made before that time. In the event that the Contractor intends to discontinue a delinquent account, it shall notify the City at least seven (7) days prior to the Contractor discontinuing service of the account. Upon payment of the delinquent fees, the Contractor shall resume collection no later than the next regularly scheduled collection day. The Contractor shall not discontinue service to any Commercial or Industrial Unit for any reason except for delinquent payment and then only upon notification to the customer as outlined above. 13.075 DEPOSITS, ACTIVATION FEES, REACTIVATION FEES – The Contractor may require a deposit equal to or less than the anticipated one (1) month billing but only when a Customer’s credit history suggests a need or when some other unique circumstance dictates a need for a deposit. Deposits may only be required with the prior approval of the City. All funds deposited by the Customer shall be returned to the Customer upon the completion of the service to the Customer and upon the Contractor receipt of payment for all invoices. The Contractor will not assess an activation fee of any kind with the initial request for service from a customer orwith any Customer-requested change in service. The Contractor may assess a reactivation fee of no more than Seventy Dollars ($70) for each occurrence when a Customer’s account was deactivated for reasons outlined in Section 13.07. The Contractor maynot assess a reactivation fee on the first occurrence of an account being deactivated and then reactivated by the Customer. However, the Contractor may assess a Seventy Dollar ($70) maximum reactivation fee for each occurrence thereafter where a Customervoluntarily deactivates then reactivates an account. 1 Compare Current 2005 Contract to Proposed 2013 Version. Blue = Added with 2013; Red= Deleted from 2005. 13.08 CONTRACTOR PAYMENTS TO THE CITY - The Contractor shall pay the City, in consideration of the use of City streets and rights-of way for the performance of this Contract, eleven percent (11%) of the gross revenues of the Contractor for services provided in the City of La Porte, within ten (10) days following the end of each quarter. The City shall be entitled to payment for services rendered to Units regardless of the status of the Unit's account with the Contractor, subject to the provisions outlined in Paragraph 13.07. Any subsequent bad debt expense that arises from non-payment for services shall not be deducted from the eleven percent (11%) share of gross revenues. The Contractor's quarterly payment to the City shall include an itemized listing of each Commercial and Industrial Units' billing name, service address, account number, size and frequency of service and any extra service provided during the billing period. The Contractor’s quarterly report submitted to the City will also include a log of all complaints related to the service provided by the Contractor on behalf of the City including the date and time that the call was received, the nature of the complaint, planned response to the complaint, and the date and time and manner that the complaint was resolved. The 11% fee that is described in this paragraph will be paid to the City for those services that the Contractor is exclusively responsible to provide within the City. Those non-exclusive services that may or may not be provided by the Contractor such as roll-off dumpster service is not subject to the 11% fee. The City reserves the right to audit, utilizing its staff or outside assistance, the annual financial activity of the Contractor under this Contract., not more than once during any 12-month period. 13.09 HOUSEHOLD HAZARDOUS WASTE EVENTS – The City will host an annual Household Hazardous Waste Collection Event with eligible materials accepted from residential customers (only). The Contractor will co-sponsor the event through a financial contribution as mutually agreed upon by the Contractor and the City with this Contract proposal. The annual financial contribution for thisevent is fixed for the term of the Contract and may only be adjusted with the mutual agreement of both the City and the Contractor. The City is responsible for all advertising, collection, disposal, providing labor as necessary for the event. The Contractor is indemnified by separate agreementwith the City. At the Contractors discretion, the Contractor’s logo will appear with the City’s logo, and other sponsors if applicable, in all related event advertisements, banners, etc. where the City’s logo appears. The Contractor is under no obligation to provide staffing for the event but may do so at the Contractor’s sole discretion. 14.00 TRANSFERABILITY OF CONTRACTAND SUBCONTRACTING - Other than by operation of law, no assignment of the Contract or any other right accruing under this Contract shall be made, in whole or in part, neither shall the Contractor subcontract any task under this Contract without the express written consent of the City. The City shall have the right to investigate the proposed assignee, as outlined 1 Compare Current 2005 Contract to Proposed 2013 Version. Blue = Added with 2013; Red= Deleted from 2005. under the original proposal, and reserves the right to reject any proposed assignee that does not meet the requirements of the original proposal. The City agrees to not unreasonably withhold consent oftoassignment. Upon assignment, the assignee agrees to assume all terms and conditions of the Contract. 15.00 EXCLUSIVE CONTRACT - The Contractor shall have the sole and exclusive franchise, license, privilege and right to provide collection and disposal of Refuse from Commercial and Industrial Units, and special collections, within the corporate limits of the City. The Contractor shall have the right to solicit for collection and disposal of Dead Animals and Hazardous Waste, but such right shall not be exclusive. Not withstandingNotwithstandingthis provision, the City reserves the right to contract collection and disposal of storm-related debris resulting from hurricanes or other natural disasters. 16.00 OWNERSHIP - Title to all Refuse and Dead Animals shall pass to the Contractor when placed in the Contractor's collection vehicle, removed by the Contractor from a Bin, or removed from the customer's premises.Title to Unacceptable Waste shall remain with the generator of that waste at all times. 17.00 ARBITRATION - Should a dispute ariseregarding the interpretation of any provision of the Contract, except Paragraph 7.00, or any proposed rate increase under Paragraph 13.06, or monthly invoices under Paragraph 13.09 that cannot be resolved, within a reasonable amount of time, between the City and the Contractor, the parties may request the determination of such dispute by a mutually acceptable arbitrator. Should the parties be unable to agree upon a mutually acceptable arbitrator, each party shall nominate one arbitrator and the arbitrators so nominated by the parties shall select a third arbitrator who will act with them as a three- member arbitration panel to decide the disagreement between the parties by the concurrence of a majority of the panel. Cost for such arbitration shall be borne equally by Contractor and City, provided that each party shall bears its own attorney fees. The decision rendered by the arbitrator(s) will be final, subject only to judicial review as may be available under the Texas General Arbitration Act. Provided, however, that nothing in this paragraph shall prevent the parties from resolving disputes prior to formal arbitration. 18.00 RELATIONSHIP BETWEEN THE PARTIES - The relationship between the parties is that of the City, as Owner, and Independent Contractor. 19.00 MISCELLANEOUS 19.10 Terms used in this Agreement which are defined in the General Conditions will have the meanings indicated in the General Conditions. 19.20 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of 1 Compare Current 2005 Contract to Proposed 2013 Version. Blue = Added with 2013; Red= Deleted from 2005. the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 19.30 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK 1 Staff will present the Proposed Fiscal Year 2013-14 Budget and workshop it with the City Council. Highlights of the proposed budget and departmental expenditures of $78million will be presented by the City Manager, theDirector of Finance and Department Directors. Discuss the Proposed Fiscal Year 2013-14 Budget and provide direction to staff. Council Agenda Item August 12, 2013 9. COUNCIL COMMENTS REGARDING MATTERS APPEARING ON AGENDA; RECOGNITION OF COMMUNITY MEMBERS, CITY EMPLOYEES, AND UPCOMING EVENTS; INQUIRY OF STAFF REGARDING SPECIFIC FACTUAL INFORMATION OR EXISTING POLICIES – Councilmembers Leonard, Engelken, Mosteit, Clausen, Martin, Moser, Kaminski, Zemanek 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. Texas Government Code, Section 551.071(2) – Consultation with City Attorney regarding legal issues related to LPISD participation in TIRZ No. 1. Texas Government Code, Section551.072 – Deliberation regarding Real Property: Discussion regarding City Airport property. 11. RECONVENE into regular session and consider action, if any, on items discussed in executive session. *********************************************************************************** Council Agenda Item August 12, 2013 12. ADJOURN/RECESS ***********************************************************************************