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HomeMy WebLinkAbout1985-10-28 Regular Meeting• • MINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL OCTOBER 28, 1985 1. The meeting was called to order by Mayor Malone at 6:04 P.M. 2. 3. Members of City Council Present: Mayor Norman Malone, Councilpersons Delbert Walker, John Lloyd, Ed Matuszak, Betty Waters, Lindsay Pfeiffer, B. Don Skelton Members_of City_Council Absent: Councilpersons Deotis Gay and Linda Westergren Members of Citv Staff Present: City Manager Jack Owen, City Attorney Knox Askins, City Secretary Cherie Black, Director of Community Development John Joerns, Project Manager Luther Maxey, Director of Public Works Jerry Hodge, Water/Wastewater Superintendent Buddy Jacobs, Chief Operator Walter Barnes Others Present: Neil Bishop, Bob Reach, and Cecil Allen, Turner Collie & Braden; Sue Skinner, Neighborhood Centers; Bob Lemons, Amoco; Adair Sullivan; Charles Hudgins and Pamela Smith, Bayshore Sun; 3 citizens In the absence of Councilperson Gay, the invocation was given by Mayor Malone. Council considered approving the minutes of the regular meeting held October 14, 1985. Motion was made by Councilperson Skelton to approve the minutes of_the October_14_meeting as_presen ed. Second by Councilperson Matuszak. The motion carried, 5 ayes, 0 nays, and 2 abstain. 4. Ayes: Councilpersons Walker, Matuszak, Pfeiffer, Skelton and Mayor Malone Nays: None Abstain: Councilpersons Lloyd and Waters (were not present at meeting on October 14) Council considered approving the minutes of the called regular meeting held October 21, 1985. Motion was made by Councilperson Ske.~tQ.D to_~.pp.~Qyg_the minutes of the October 21 meeting as prg,~ented. Second by Councilperson Pfeiffer. The motion carried, 5 ayes, 0 nays, and 2 abstain. • • Minutes, Regular Meeting, La Porte City Council October 28, 1985, Page 2 Ayes: Councilpersons Lloyd, Matuszak, Pfeiffer, Skelton and Mayor Malone Nays: None Abstain: Councilpersons Walker and Waters (were not present at meeting on October 21) 5. The Mayor proclaimed the week of November 4 through 10,.1985, as United Way Week. Ms. Sue Skinner was present to accept the proclamation. The Mayor then presented Pamela Smith, Bayshore Sun managing editor, with a proclamation in appreciation of her excellent work in reporting City activities. 6. Mrs. Adair Sullivan addressed Council regarding the proposed zoning ordinance and preserving the residential areas that do not have deed restrictions. The Mayor read a letter from Dennis Dunham regarding restoration of Sylvan Beach and requesting a public hearing be held before the City acted on the project. 7. Council considered approving the Capital Improvement Project Management Plan manual. Project Manager Luther Maxey answered questions from Council regarding the manual. Motion was made by Councilperson Lloyd_to approve the Capital Im rovement Project Management Plan manual ashresented. Second by Councilperson Matuszak. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Walker, Lloyd, Matuszak, Waters, Pfeiffer, Skelton and Mayor Malone Nays: None 8. Council considered an ordinance requiring pre-qualifications of contractors on City of La Porte Construction Projects. The City Attorney reviewed the ordinance. A project cost in excess of $200,000 was recommended as the criterion for a contractor to be required to pre-qualify. The City Attorney read: ORDINANCE 1476 - AN ORDINANCE REQUIRING THE PRE-QUALIFICATION OF CONTRACTORS ON CITY OF LA PORTE CONSTRUCTION PROJECTS HAVING AN ESTIMATED COST OF GREATER THAN TWO .HUNDRED THOUSAND DOLLARS ($200,000); REQUIRING FILINGS OF CONTRACTOR'S STATEMENTS WITH THE CITY OF LA PORTE; PROHIBITING CONTRACTORS FROM SUBCONTRACTING MORE Minutes, Regular Meeting, La Porte City Council October 28, 1985, Page 3 THAN FIFTY PERCENT (50~) OF WORK ON CITY OF LA PORTS PROJECTS WITHOUT PRIOR WRITTEN CONSENT; REQUIRING ATTENDANCE AT A PRE-BID CONFERENCE AS A PREREQUISITE TO SUBMITTING~A BID; PROVIDING FOR PUBLICATION OF NOTICE; APPROVING AND ADOPTING FORMS FOR THE PRE-QUALIFICATION OF CONTRACTORS; DEFINING "BIDDING CAPACITY"; ADOPTING DISQUALIFICATION STANDARDS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Skelton to adopt Ordinance 1~6 as read by the Citv Attorney. Second by Councilperson Matuszak. After discussion, motion was made by Councilperson Wacker to amend the_motion to read "three hundred thousand dollars" as the pre-oualifyin~ amount. Second by Councilperson Matuszak. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Walker, Lloyd, Matuszak, Waters, Pfeiffer, Skelton and Mayor Malone Nays: None The original motion was then voted upon, and carried 7 ayes and 0 nays. Ayes: Councilpersons Walker, Lloyd, Matuszak, Waters, Pfeiffer, Skelton and Mayor Malone Nays: None 9. Council considered authorizing the bid process for the construction phase of the wastewater treatment plant. Mr. Bob Reach of Turner Collie & Braden made a presentation to Council in this regard. Motion was made by Councilperson Walker to authorize going out for bid for the construction phase_of_the wastewater treatment lant. Second by Councilperson Lloyd. The motion carried, 7 ayes and 0 nays. Ayes: Councilperson s. Walker, Lloyd, Matuszak, Waters, Pfeiffer, Skelton and Mayor Malone Nays: None 10. Council considered approving change order ~~1 for Battlegrounds Vista sanitary sewer project. • Minutes, Regular Meeting, La Porte City Council October 28, 1985, Page 4 Motion was made by Councilpersos Matuszak to approve change order ~~1 for the Battlegrounds Vista_sanitary sewer .prQ.iect. Second by Councilperson Waters. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Walker, Lloyd, Matuszak, Waters, Pfeiffer, Skelton and Mayor Malone Nays: None 11. Council considered approving the statement of intent filed by Amoco Gas Company to change the rates charged Air Products and Chemicals, Inc. Mr. Bob Lemons of Amoco was present and reviewed the request of Amoco. Motion was made by Councilperson Skelton to approve the statement of intent filed by Amoco Gas Company to_change the rates charged Air Products and Chemicals. Inc., to be retroactive to October 1, 1985. Second by Councilperson Walker. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Walker, Lloyd, Matuszak, Waters, Pfeiffer, Skelton and Mayor Malone Nays: None 12. Council considered approving an annual contract for purchase of tires. ~~-~7, wr~~cn approves purcnase ot- tires through the State Purchasing and General Services_Commission. Second by Councilperson Pfeiffer. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Walker, Lloyd, Matuszak, Waters, Pfeiffer, Skelton and Mayor Malone Nays: None The Emergency Addendum item was then addressed: To consider resolutions to be voted on at the Texas Municipal League meeting. After discussion, Council set a breakfast meeting for Thursday morning, October 31, to consider the resolutions and give Councilperson Skelton their recommendations so he could cast their vote at the resolutions committee meeting. Minutes, Regular Meeting, La Porte City Council October 28, 1985, Page 5 13. Workshop Item: Discuss projects to be included in the Harris County Bond Issue Items recommended for inclusion in the Harris County bond issue included extension of Bay Area Boulevard from Fairmont Parkway to Highway 225, widening of Underwood Road, placement of a bulkhead and raising the land at Sylvan Beach, an overpass on Fairmont Parkway at the railroad intersection and drainage near the Southern Pacific railroad yard. 14. Administrative Reports - City Manager Owen announced that the monies from the bond sale have been delivered and had been deposited. He apprised Council that staff is on call for Hurricane Juan. Request was made to put the public hearing regarding the proposed golf course on the November 11 agenda instead of November 18. Council agreed to this change. 15. Council Action - Councilpersons Walker, Waters, Skelton, and Mayor Malone brought items to Council's attention. 16. There was no executive session. 17. There being no further business to come before the Council, the meeting was duly adjourned at 8:10 P.M. Respectfully submitted: Cherie Black City Secretary Passed & Approved this the 11th day of November, 1985 ~~ ~~ ~~~~ Nor an Malone, Mayor • o ~ ~ e of th e MAYOR :. ~ .. CITY OF ;... ~ LA PORTS y,9jf . .,~~~ ~hy~~~OUMS~. x~c~~.ma~~r~ : Un~.zed way os the Texab Gu.~s Coab~ .c.b a .2aca.L, va.~un~een. byb~em as peop.Ze ean.i.ng and wanFz~,ng ~oge~hen ~a buppon~ .the mane khan 80 hea.2~h and human benv~.ee agene~.eb ~.n the ~n~.-eoun~y a~cea as Nann~,b, Fare Bend and Man~gomeny coun~~,eb; and tVHBRi:AS, Un~.~ed Clay Agene~,eb ptcov~.ded benv~.ceb ~a mane khan 1 b, 000 La Pone area neb~.den~b ~ab~ yeah, and Ne.ighbo~.- hood Cenxenb, Inc., hab been pnov~.d.ing a w~.de van~.e~y os benv~.eeb ~a area neb~.den~b b~.ne 1952; and ~VNBRI:AS, The La Pone Ne~.ghbonhaod Cen~ehb, Ire., .the an.2y Un~.~ed way Agency w~.~h an oss~.ce ~.n La Pone, pnov~.ded benv~.eeb ~o a.~mob~ 12,000 La Pone neb-(.den~b ~ab~ yeah, and 7.9 m~.~..2~.an ~~c..i.-caun~y nebtiden.tb neee~.ved benv~.ceb Sham Un~.~ed GJay Agene~,eb .2ab~ yeah; and GlfiBRi:AS, the C~.~y os La Pane ~(.b curr.nen~.~y patc.ttic.tpa~~.ng .Ln the Un.i~ed Way program and the La Pane Independent Sehoa.2 ~~,b~n~.e~ jo~,nb the Un~.xed GJay os the Texab Gu.e.s Coab~ ~h~,b yeah; NOU1, T~18RBFORB, I, NORMAN MALONB, MAYOR o ~ the C~..ty a ~ La Panxe, do hereby .pnoe.La~.m the weelz as November 4 ~hnough i0, 1985, ab UNITBD G1Ay GI~FK ~.n the etizy os La Pane, and urge e.ix~.zenb ~a buppan~ the Un~.~ed way ~,n ~he~.n esson~ as neaeh~.ng a goa.~ as $45 m~.~2~~.an .th~.b yeah, and ~o remember, "Toge~hen We Can UlanFi Glondenb." IN fUITNBSS Gl~fi:R~OP, I have heneun~o be.t my.hand and eaubed the Sea.2 as zhe C~.~y as La Patc~e ~o be ass~.xed hene~o, ~h.ib the 28~h day oS Oc~oben, 1985. anman a one, ayon • • CITY COUNCIL AGENDA ITEMS T0: Jack Owen FROM: Luther Maxey DATE: 10/21/85 City Manager REQUEST FOR CITY COUNCIL AGENDA ITEM 1. Agenda Date Requested: October 28, 1985 2. XXX REPORT; RESOLUTION; AGREEMENT; ORDINANCE 3. PROJECT SUMMARY: Capital Improvement Project Managment Plan (Manual). 4. ACTION REQUIRED: Council approval. 5. ALTERNATIVE: Change or modify management plan. 6. RECOMMENDATION: Adopt plan as presented. 7. EXHIBITS: Copy of the manual. 8. AVAILABILITY OF FUNDS: General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other 9. ACCOUNT NUMBER: FU AVA LABLE: YES NO P c REQUESTED BY: Luthe Maxey 10. APPR VED FO CITY COUNCIL AGENDA /~~ ~.~ ~ ~~.s~ DATE C' 'y Manager • Q CAPITAL IMPROVEMENT PROJECT MANAGEMENT PLAN FOR BOND PROPOSALS AUTHORIZED BY VOTERS ON JUNE 15, 1985 PROGRESS • • CONTENTS A. B. C. D. E. F. G. H. I. J. K. L. Parameters and Constraints 1. Propositions 2. Projects 3. Phase One Funding Organization and Staffing 1. Management Structure 2. Unit Structure 3. Project Manager Management Control Systems 1. Technical Control 2. Quality Assurance Program Risk Management Dispute Resolution Procurement Safety Legal Services Labor Relations Public Relations Real Estate Acquisition Construction Operation • • A. PARAMETERS AND CONSTRAINTS PROPOSITIONS 1. On June 15, 1985, the voters of La Porte approved the following nine propositions. Proposition One Two very important water utility projects were approved for the City of La Porte. A water main connection between the La Porte and College View Water Systems consisting of nearly 5300 feet of 12 inch water lines and a water tower with associated water lines for the Northwest portion of La Porte comprise this bond issue. Both of these projects will improve water pressure to their respective areas and will place La Porte on track to meeting elevated water storage standards as set by the Texas Department of Health. The bond projects would total a cost of nearly $1,200,000 were it not for approximately $400,000 in existing bond funds from a previous College View Bond Sale. The actual total cost of the two projects is therefore only $800,000. The College View Connection Project will take place along Spencer Highway west of Underwood Road. The Lomax Water Tower and lines are marked in the vicinity of North "P" Street and Robinson Road. Both of these projects will improve water delivery quality for their respective areas. Proposition Two Six interrelated wastewater utility projects were approved to greatly improve the City's existing sewer systems. The expansion of the La Porte Wastewater Plant and 5 new sewer relief programs were approved to basically improve overloaded sewer areas throughout La Porte. Several wastewater lift stations will be -- eliminated in the process and sewer maintenance costs should decline. Total costs for the six Million, however, previous View Bond Sale will red The six projects encompass consequently all citizens of this bond issue. projects is approximately $11 bond funds from the College uce this figure to $8,550,000. the majority of the City and will benefit from the passage 1 • • Proposition Three Two street reconstruction projects were approved for the City of La Porte. The reconstruction of East "E" Street from San Jacinto to Park Street to include curbs and gutters along with necessary drainage improvements is one project. The other project consists of the widening of Broadway Boulevard from "G" Street to Fairmont Parkway. The reconstruction of Broadway consist of widening the thoroughfare to 4 lanes complete with curb and gutters and improved drainage. The combined cost of the reconstruction is approximately $2.5 Million. The location of the improved area should facilitate traffic to and through the areas. Proposition Four Three stormwater and drainage improvement projects to help prevent or ease potential flooding, particularly along Big Island Slough and Little Cedar Bayou were approved. The proposed stormwater Diversion Project calls for the diversion of excess drainage from the northwest portion of the City to the Big Island Slough. A second project calls for the concrete lining of the Big Island Slough to handle the increased drainage flow provided by the Diversion Project. Lastly, the final project will require improvements to be made on the mid and upstream portions of Little Cedar Bayou to compliment similar improvements made downstream by the Harris County Flood Control District. Combined cost for the three projects is $3 Million and is the first phase in a concerted effort to effectively manage the flow of stormwater throughout La Porte. Little Cedar Bayou will have improvements made to each portion of it and the Big Island Slough will be modified to receive additional runoff thus aiding the northwestern residents of La Porte. Proposition Five Voters approved the purchase and development of land for the La Porte - Seabrook Municipal Landfill. The landfill is the most cost effective alternative to continued use of privately owned landfills whose rates are ever-increasing. The proposed landfill will solve the problem of the closing of the Harris County Landfill in 1984 and the existing lack of landfills in our area. 2 The La Porte - Seabrook Landfill will cost approximately $4 Million. This cost is to be shared by La Porte and Seabrook residents on the actual tonnage use. The bond debt will consequently be shared between the two cities. This figure includes an 80-acre site and its development on Bay Area Boulevard in the Bayport Industrial District. This is an industrial area with no residential developments in the vicinity. Great care has been taken to ensure a safe landfill which will comply with air quality and health standards. Proposition Six Two recreational facilities were approved in this bond issue to ease the current need for extended and improved recreational parks in La Porte. Little Cedar Bayou Regional Park will be located in South La Porte and the Lomax Community Park will be located in West La Porte. These two parks will provide for many different types of recreational enjoyment to all La Porte residents. Total cost for the Little Cedar Bayou Regional Park is $1.6 Million. Little Cedar Bayou Park will feature a 50-meter Olympic outdoor swimming pool, four lighted ballfields, one football-soccer field, one concession-restroom building, six tennis courts, a 460-space parking lot, 30 picnic sites, 2.6 miles of walking trails, utility extensions for camping, a playground and a fishing pier. Total Cost for the 23-acre Lomax Community Park is $900,000. The park will highlight a 25-meter swimming pool, two tennis courts, a basketball court, a soccer-football field, and various playground facilities. Proposition Seven A recreational and community complex was approved for Little Cedar Bayou Park. The complex will offer both recreational and civic uses. Young and old alike can enjoy this facility in a conveniently located and scenic site. The 14,000 square foot complex will cost approximately $1.5 Million and will house a gymnasium, an auditorium, park offices, weight and exercise rooms, and 2 community meeting rooms. The Little Cedar Bayou location is convenient for all sections of the City and is certainly one of the most beautiful areas in La Porte. 3 Proposition Eight The relocation of Fire Station Two, located in the Fairmont Park Area, to an already purchased site on Spencer Highway, across from the Airport but near Farrington Boulevard was approved. The relocation will improve emergency response times to all areas of the fire district served. The new building will also upgrade Fire Station Two's facilities from temporary to permanent. The cost to build the new fire station is approximately $550,000. This figure includes a new building and parking facilities. The land has already been purchased by the City. The impact to the new area as well as the entire fire district should be favorable. The area designated for the new station is primarily commercial and offers an excellent travel route to and from fire runs. Proposition Nine A multi-use fire training facility was approved for the City of La Porte. The Fire Department currently has no facilities of their own to train firefighters in all facets of firefighting. The fire training facility will provide such training to the City's firefighters and other public safety personnel. The facilities will feature a multi-storied burn building and a small cottage burn building to simulate both commercial and residential fires. Additionally, classroom and parking facilities along with a piston range for Police Firearms Training are included in the facility. The fire training facility is estimated to cost $1,500,000. This figure includes the purchase of the land, street and drainage improvements, and construction of the training structures. The training facility will be built in an area where it will not adversely affect residential neighborhoods. PROJECTS Under each of the nine propositions approved by the voters are several projects. The following is a list of those projects showing funds estimated to complete each and the duration of time to complete each. 4 • b M rn N N ~ k O O b O 0 O 0 O 0 0 0 0 0 N O M ul 00 ~ O l!1 lD l0 l!1 ~ u1 N tf1 M N N M ~, M H N H O ~~ ~ U N O E I- UV]H N N W O U N ~ U h FCO U _ N E z 6Z y aa a rz ~ o 4+axa N ~ ZgcEn ~E ~,~zao o, =FCOWE w a U Q A 00 oooww w w w H E ~~¢~~ ~ r- H H ~" E E N N N ~ ~ ~ D W W W [aa (z~ V1 o `r' f ~; v s ~- M N a co w O Vl C D_ ~ N W ~ F W S IO a~ a a ¢~o J ~~~ u. 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O p G 7C W A F O i. ~~ W s. W~ N W T a~ H O HN ~N1 W 6MN ~~O ~ N F~ ~O N .~ y ~ W a P4 O' ~ W q ~ p Nz ~n P. W< ~ L1 6 C U W r+ o • • 3. Phase One Funding A. General Obligation Bonds Use of Proceeds: The proceeds from the sale of $5,000,000 bonds will be used as follows: Amount Purpose $ 550,000 Constructing or purchasing a Fire Station, additions and improvements 450,000 The Design of and purchase of a site for a Fire Department Training Facility 2,000,000 Purchasing and improving land for park purposes 1,000,000 Drainage improvements 1,000,000 Street improvements and drainage in connection therewith $5,000,000 After the issuance and sale of these $5,000,000 bonds, there will remain $10,650,000 General Obligation Bonds authorized but unissued. B. Revenue Bonds Use of Proceeds: The proceeds from the sale of these $6,000,000 bonds will be used for sewer system improvements. After the issuance and sale of the bonds, there will remain $3,350,000 Revenue Bonds authorized but unissued. 19 ' ~ • • B. Organization and Staffing 1. The management structure necessary to carry the project from conceptual design to completion and operation is shown as follows: CITY MANAGER JACK OWEN ASST. CITY MANAGER RICHARD MARE PLANNING FINANCIAL COORDINATION AND AND AND ENGINEERING PUBLIC RELATIONS EXECUTION JOHN JOERNS RICHARD MARE LUTHER MAXEY PROJECT MNGR., LUTHER MAXEY UNIT I UNIT 2 UNIT 3 UNIT 4 UNIT 5 PROPOSITION 182 PROPOSITION 5 PROPOSITION 384 PROPOSITION 69T PROPOSITION 699 KEY STAFF KEY STAFF KEY STAFF KEY STAFF KEY STAFF AND ANO AND ANO AND PROJECT MNGR. PROJECT MNGR. PROJECT MNGR. PROJECT MNGR. PROJECT MNGR. PROJECT MNGR, LUTHER MA%EY R.F.P. PROCESS ~ DESIGN CONSULTANTS (A-E SERVICES) I I PRELIMINARY DESIGN I I SPECIALTY I ~- CONSULTANTS IF -~ REQUIRED FINAL DESIGN I CONSTRUCTION ~ PROCUREMENT MANAGEMENT 9 - -~~~- - AND INSPECTION I RISK MANAGEMENT CONSTRUCTION I I CONTRACTORS SUB CONTRACTORS I ANO I SUPPLIERS I I I START UP ANO I OPERATION _ - IF REQUIRED To maintain the orderly progress of the project and prevent unnecessary confusion, the Project Manager shall be the interface from one level of the management structure to the next. 20 s ~ 2. Unit Structure A. Members Key Staff - The be appointed in affected by the should appoint appointee shall behalf of the d key staff member for each unit will writing by the Department Director scope of work. Provided a Director staff other than himself, that have deligated authority to act on irector to carry out decisions. Project Manager - The project manager shall inter- face from the unit team to all other areas of the management organization. B. Unit Team - General Duties - Prepare conceptual scope of work - Prepare RFP's for review and approval - Recommend professional consultants - Initiate contract negotiations and recommendations - Review of design - Review of construction documents and specifications - Review and recommend construction contracts - Coordinate with other agencies such as: TDH&PT, HCFCD, EPA, TDH, etc. 3. Project Manager A. The project manager shall serve as a member of the CIP Management Team and of the CIP Unit Team. B. Shall be the interface between each level of the management structure. C. Shall be the interface to consultants and contractors. D. Prepare project schedules E. Monitor project status F. Monitor project cost G. Report on project status H. Provide overall management during construction process. I. Assist in settlement of disputes. J. Act in the best interest of the City of La Porte. K. Serve as necessary to insure efficient completion of project. 21 • C. Management Control Systems 1. Technical Control A. Design Review The following information details the content of the various review submittals during the design process and identifies the staff responsible for the review. 1. Conceptual and Organizational Review and Report This review shall provide a broad overview of the project. Physical and economic factors shall be identified and considered. This review will be made by all units to identify potential conflicts such as a new sewer line installation conflicting with a new street installation, etc. or potential cost savings for the City such as joint use of real estate, right of way, legal process for acquisition, or use of city labor and equipment or staff professional expertise. 2. Preliminary Submittal Design Report This level of review shall be conducted by the Unit Team with subsequent approval by the CIP Management Team. This review process marks the dividing line between conceptual and detailed design. Conflicts between unit projects shall be resolved in this submittal and if required this submittal will be reviewed by the unit having a conflict. Additionally this submittal should: - Define impact of construction on all affected parties including utilities, governmental agencies, commercial properties and residential areas. - Serve as a permanent record of design development and reflect the basic concurrence of all parties - Define the scope of work for detailed design of the project and related facilities. 22 - • - Provide feasible solutions for major conflicts in order that an optimum solution can be determined. - Provide a satisfactory basis for a realistic estimate of the cost of construction, which will serve as a budget. - Establish the project "footprint" or permanent shadow with respect to right- of-way or real estate acquisition and site planning. Separate requirements shall be established for the submittals of the various disciplines (e.g., civil, structural, electrical, mechanical and architectural design). The DESIGN REPORT is part of the documentation of preliminary design. It shall address and record the justification for, and analysis of, design requirements. An estimate of the cost of construction must be prepared and submitted. 3. In-Progress Submittal This review is to be conducted at the CIP Unit level only. This submittal shall provide a clear indication of progress toward detailed design solutions for problems outlined in earlier submittals. In addition, it provides a vehicle for the detailed coordination of requirements by others. Areas to be considered are civil design, right-of-way, site plans, structural design, and mechanical and electrical design. Resubmittal of the design report is not required at the in-progress level. Deviations from the preliminary design report and the justification for such deviations shall be -- addressed in the transmittal letter. An indexed set of all the projected calculations shall be submitted. 23 SPECIFICATIONS are intended to provide the complete framework for development of the contract documents. Format and layout of the specifications shall be coordinated prior to submittal and the bid items list shall be developed with the exception of minor items to be added later. Specifications for troublesome or unusual items shall be developed in depth. 4. Prefinal Submittal Review This submittal is to be reviewed by the Unit, the City Code Enforcement Division, Community Development, CIP Management Team, and Risk Manager. This submittal shall provide the review of proposed construction and serve as a basis for obtaining concurrence from city, county, state, federal, private utility and an estimate of construction cost. The design shall be complete and checked. Plans must show all details necessary for construction and must be coordinated among the various disciplines prior to submittal. Detailed checking by the designer may proceed during the prefinal review period. During the interval between in-progress and prefinal submittals, the following must be done: - Resolution of all previous comments with solutions incorporated in the plans and specifications. - Concurrence obtained at the technical level with solutions developed for individual conflicts. - Drawings of the plans that must be completely CHECKED, SIGNED, and SEALED. ~- The final draft of the DESIGN REPORT must be submitted and the SPECIFICATIONS BOOK must be complete with the exception of "boiler plate" to be added prior to printing. The complete ESTIMATE OF CONSTRUCTION COST must be submitted. 24 5. Final Submittal This submittal shall provide proof of completion of design including incorporation of prefinal review comments. The drawings must be checked, signed, and sealed by the designer, Project Manager and Unit Representative. Prints of this submittal are used to obtain concurrence from the City Council to advertise for bids. 6. Bid Documents The original tracings and specifications are to be submitted along with sufficient copies to allow the City to complete the bid process. 2. Quality Assurance Program The quality assurance (QA) program shall verify equipment, supplies, and work performed comply to the requirements described in the contract documents and assure the integrity of the design as defined by the drawings. It must provide an effective system for ensuring that: - All work is performed in accordance with the engineering requirements. - All equipment is tested throughout development, manufacture, and installation to verify it functions as specified. - Early detection of undesirable conditions and positive corrective action is taken in a timely manner. - Control over the configuration is maintained at all times to define the acceptability of equip- ment as established by design reviews, drawing approvals, and design verification testing and to preserve the configuration during retrofits and modification work. a. The QA program is the responsibility of the Project Manager. Implementation is achieved by assigning responsibility to departmental staff or consultants as deemed most advantageous to the City. 25 b. Documentation in the form of inspection reports, photographs, and lab reports, etc. will be utilized to identify materials inspected, the point and time of inspection, the inspector, and the findings. These reports will be held on file for future reference and to support final acceptance. c. Disagreements over construction will be adjudicated with the contractor by the Project Manager, then through the CIP management team and finally by the City Manager prior to legal action. d. Hold points established by the Project Manager may be altered at the discretion of the Project Manager. A hold point is defined as a point in the progress of work at which further progress must be held pending inspection and concurrence by the CIP Management team to assyre that no unintentional conflict with the technical specifications occurs. e. Tests will be performed throughout the construction and installation process. The contractor should plan the testing to ensure that adequate time is scheduled and that facilities and city operation and maintenance personnel are available to review the tests. D. Risk Management 1. Every risk should be identified and its full consequences assessed before plans are finalized. Losses that can occur should be evaluated. 2. The Risk Manager will overlook plans and contracts to assure that adequate risk coverage is provided and to recommend various types of insurance for the projects. 3. The Risk Manager will report to the Project Manager. E. -dispute Resolution 1. Disputes should be resolved at the lowest administrative level possible. 2. Unresolved disputes will follow the chain of command as stated in Section B Organization and Staffing. 26 F. G. H. I. J. • Procurement 1. Procurement shall follow the guidelines established in the La Porte Purchasing Manual. 2. Procurement shall be accomplished through the Purchasing Agent for the City of La Porte. Safety 1. The Project Manager will see that an accident prevention program is maintained on a project by contractors as required in the general conditions of the contract. 2. The City Safety Inspector will review projects where City labor and equipment are utilized. Legal Services Matters of legal concern shall be presented to the City Attorney only after approval of the CIP management team. Labor Relations The Project Manager shall verify that the contractors have filed required Affirmative Action Statements and Wage Compliance Statements. Public Relations The Administrative Assistant assigned to the City Manager's office shall have the responsibility for establishing the public relations program in relation to the Capital Improvement Projects. Consistent communication regarding the status of the various developing projects shall be maintained with the community as a whole, as well as through the identification of specific audiences. The public relations program will utilize printed information such as billboards located at project sites, newsletters and special reports; as well as staff presentations to specific audiances. An overall publicity campaign will be developed including a logo and promotional theme to encourage citizen enthusiasm as projects progress towards completion. 27 K. Real Estate Acquisition The need for additional land, right-of-way or easements shall be determined during the Conceptual and Organizational Review meetings. Effort shall be made to combine land use among the needs of the various units when practical. Land acquisitions shall not be commenced in any form without approval and direction of the CIP management team. The unit team will recommend to the CIP management team the location, size, utility, and services necessary. Acquisition will be on a case by case format as directed by the CIP management team. L. Construction Operation During the design phase and again in the prebidding period, experienced construction personnel shall prepare a work plan with cost estimates tied to related schedules for the work and quality envisioned. Specifications shall be prepared and reviewed during the design phase to ensure that the cost estimates, schedule, and quality are related, compatible, and acceptable to the City. This emphasis on early cost estimates with well-defined parameters will help to preclude surprises at a later date. An accurate construction estimate and related schedule are essential inputs for schedule and cost items in management control systems. In every project there are three essential elements -- quality, cost, and schedule. All are variables, and if one element is altered or changed, the other elements are affected, usually with detriment to the contractor and the City. Any problem that could cause trouble with respect to any of the essential elements in execution should be ironed out before contract bid and award. Environment, circumstances, and situations can change; therefore, the bid documents should state any mandatory or essential requirements in clear terms. Anything that affects project quality, schedule, or cost is •-important to both the City and the contractor. A partial checklist of typical items that can have a bearing on the successful execution of a project is presented below. The unit staff and Project Manager shall ensure that these items are considered for the execution phase of the project. 28 ~~ • • 1. Construction Operations - Sequence of work, order of work, completion priorities - Adequate right-of-way available to contractor - Construction area access and storage area - Construction area prefabrication needs - Utility interference, relocation - Utility service available to contractor (including water from city hydrants, etc.) - Limitation or restraint on work period, such as night hours or weekend work prohibition - Explosives limitations, regulations on use - Traffic handling plans, lanes, directions, hours, lighting, barricades, etc. - Licenses and permits available, requirements, juris- diction (if lead time is required, who should obtain permits, etc.) - Dewatering needs, regulations, problems, recharge requirements - Buildings and adjacent structures, settlement, under- pinning, preconstruction photos, records - Field surveys, elevation and settlement monitor - Borrow pits, select material sources, quarry sites, gravel pits - Disposal, waste sites - Railroad crossings, maintenance, flagmen, insurance - Assigned subcontractors - Concurrent contracts and contractors on site - Escalation, partial payment 2. Contract Administration - Bid quantities accurate, not overstated - Bid packages prepared, reviewed, compatible - Contract period dates for bid, award, notice to proceed, milestones, completion, working days with definitions - Milestone dates, startup restraints (e.g., completion of work in one area before work is allowed in another -area), completion priorities - Payment provisions, progress payments, retainage - Funding limitations - Mobilization item - Payment for materials and equipment on site - Subcontracting limits, general contractor require menu , bidder qualification, bonding requirements, insurance requirements - Inspection, quality control - Approvals of submittals, shop drawings, and time limits for action and/or return from agency 29 - Safety, regulation reference, control - Weather, time extension - Change orders, recognition, submittals, action, execution, time extension, negotiation, payment - Extra work, force account - Project administration, contracting officer, etc., and definition of responsibilities and duties - EEO, minority subcontractors, government program requirements, etc. - Disputes, change orders, claims - Owner caused delay, time extension, payment - Acceptance of work, partial acceptance, beneficial occupancy - Value engineering program - Progress records, photographs 3. Materials/Logistics - Materials availability, other than sole source - Construction system -- sole source or high royalty systems not required or necessary - Geologic investigation, logs, samples available for inspection, groundwater study - Owner-furnished equipment and materials - Equipment and supplies with long lead time problems, recognition - Material tests and samples from project sources for borrow, select material, gravel, rock, rip-rap, concrete, cement stabilized sand, etc. 30 ~ r CITY COUNCIL AGENDA ITEMS TO: Jack Owen FROM: Luther Maxey DATE: 10/21/85 City Manager REQUEST FOR CITY COUNCIL AGENDA ITEM 1. Agenda Date Requested: October 28, 1985 2. REPORT; RESOLUTION; AGREEMENT; XXX ORDINANCE 3. PROJECT SUMMARY: Contractor PreQualification on Major Capital Improvement Projects. 4. ACTION REQUIRED: Council Approval. 5. ALTERNATIVE: Continue selection process as has been accomplished in the past. 6. RECOMMENDATION: 7. EXHIBITS: A to Ordinance. Approval of Contractor PreQualification. Ordinance prepared by Knox Askins and Appendix 8. AVAILABILITY OF FUNDS: _ General Fund Water/Wastewater Capital Improvement __ General Revenue Sharing Other 9. ACCOUNT NUMBER: 10. CITY COUNCIL AGENDA FUNDS VAILABLE: _YES `NO C XEY REQUESTED BY: DATE Ci~~/ Manager ' • • ORDINANCE NO. /.~~/o AN ORDINANCE REQUIRING THE PRE-QUALIFICATION OF CONTRACTORS ON CITY OF LA PORTE C~jNSTRU TION PROJECTS HAVING AN ESTIMATED COST OF GREATER THAN 'I f(~, oa THOUSAND DOLLARS ; ($3D0~ ppp, cam) REQUIRING FILINGS OF CONTRACTOR' S STATEMENTS WITH THE CITY OF LA PORTE; PROHIBITING CONTRACTORS FROM SUBCON- TRACTING MORE THAN FIFTY PERCENT (50$) OF WORK ON CITY OF LA PORTE PROJECTS WITHOUT PRIOR WRITTEN CONSENT; REQUIRING ATTENDANCE AT A PRE-BID CONFERENCE AS A PREREQUISITE TO SUBMITTING A BID; PROVIDING FOR PUBLICATION OF NOTICE; APPROVING AND ADOPTING FORMS FOR THE PRE-QUALIFICATION OF CONTRACTORS; DEFINING "BIDDING CAPACITY"; ADOPTING DISQUALIFICATION STANDARDS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte has de- termined, and does hereby find, determine, and declare that it is in the best interest of the City of La Porte that all Con- tractors desiring to bid on City of La Porte construction projects having an owner's estimated construction cost of greater than ~~k~o thousand Dollars ( $300, U~v) , must pre-qualify by filing a satisfactory Contractor's Statement, on the forms attached hereto, with the Construction Project Manager, City of La Porte, no later than fifteen days prior to the date bids are to be opened, if a Contractor is to be eligible to bid. Thereafter, a new Contractor's Statement shall be filed with the City annually. The financial information contained in such Contractor's Statement is deemed confidential; shall not be disclosed by City to the public or to other contractors; and shall be deemed exempt from disclosure under the Open Records Act, Art. 6252-17a, V.A.T.S., in accordance with Texas Attorney General's Opinion No. ORD-309, 1982. Section 2. Contractors entering bids on City of La Porte con- struction projects shall not subcontract more than fifty percent (50$) of the work on the project, without first obtaining the ex- press written consent of the City of La Porte. Section 3. All Contractors (or a representative of the contractor) desiring to bid on City of La Porte construction projects must ORDINANCE NO. ~~'~~ Page 2 attend a pre-bid conference; otherwise, such Contractor's bid will be returned by the City unopened. Section 4. Public notice of prequalification of bidders by the City of La Porte, shall be published in like manner as invitations to bidders, and shall not be a substitute for publishing the actual invitation to bidders on each project. Section 5. The City Council of the City of La Porte approves and adopts the forms for Contractor's Statements, attached hereto as Exhibit "A", incorporated by reference herein, and made a part hereof for all purposes. Section 6. The City of La Porte is interested in determining a Contractor's "Bidding Capacity" for the purpose of issuing pro- posals and awarding contracts. "Bidding Capacity" is determined by multiplying the positive net working capital, as hereinafter defined, by a factor determined by the City of La Porte. Only those statements reflecting a positive net working capital po- sition will be considered satisfactory for prequalification pur- poses. "Positive Net Working Capital" generally is represented by the excess of current assets over current liabilities, as shown by a balance sheet examined by an independent Certified Public Accountant. Section 7. The City Council of the City of La Porte adopts the following standards for disqualification of Contractors: I. AUTOMATIC DISQUALIFICATION A. Company has no Positive Net Working Capital. B. Company submits consolidated Statements. C. Failure to complete Statements in all detail. D. Company or personnel on Federal Job Debarment list. • • ORDINANCE N0. /~~J(~ Page 3 E. Company or personnel on Justice Department list of un- acceptable contractors; i. e. convicted of anti-trust violations. F. Failure to complete Statements in a truthful manner. II. OTHER CONSIDERATIONS FOR POSSIBLE DISQUALIFICATION A. Companies with pending litigation may be disqualified for duration of litigation as deemed to the advantage of the City by the City's Construction Project Manager. B. Default on contract, or forfeiture of bid bonds or per- formance bonds. C. Performance record of poor workmanship on previous pro- jects. D. Performance record of failure to complete warranty work. E. Bankruptcy or financial reorganization. Section 8. The City Council officially finds, determines, re- cites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this Ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 9. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the 28th day of October, 1985. • ORDINANCE NO. ~~_ Page 4 • CITY OF LA PORTE By Norman Malone, Mayor ATTEST: Cherie Black, City Secretary APPROVED: Z~ r Knox W. Askins, City Attorney CITY COUNCI AG l~pA ITEMS T0: Jack Owen FROM: Luther Maxey City Manager REQUEST FOR CITY COUNCIL AGENDA ITEM 1. Agenda Date Requested: t er 28,. 1985 DATE: 10/21/85 2. XXX REPORT; RESOLUTION; ____ AGREEMENT; ORDINANCE 3. PROJECT SUMMARY: Expansion to Wastewater Treatment Plant. 4. ACTION REQUIRED: Council Approval to commence with the bidding process to obtain a qualified contractor for the construction phase. 5. ALTERNATIVE: 6. RECOMMENDATION: Allow Turner Collie and Braden, Inc, and City Staff to proceed with the bidding process. 7. EXHIBITS: Turner Collie and Braden Presentation. 8. AVAILABILITY OF FUNDS: General Fund Water/Wastewater Capital Improvement ~ General Revenue Sharing XX Other (BOND) 9. ACCOUNT NUMBER: _ FU S AVA LABLE: XXYES rN0 ct M REQUESTED BY: 10 . ~ APPROVED FCyRI CITY COUNCIL AGENDA ~~~ DA~TB C~t'y Manager T0: City Manager FROM: John Joerns REQUEST FOR CITY COUNCIL AGEidDA ITEM 1. Agenda Date Requested: October 28, 1985 Date: October 23, 1985 2. X Report Resolution Ordinance 3. Protect Summary: Sanitary Sewer Extension to 11120 North "D" Street. The City is now extending sewer service to Battlegrounds Vista Subdivisi~ Service to 11120 North "D" Street could be done under the City's contract with McKey (See 9/23/85 Council Minutes) 4. Action Required: Approve the extension to 11120 North "D" Street by issuing Change Order No. 1 in the amount of X13,309.00. 5. Alternative: Disapprove the extension. 6. Recommendation: Council's pleasure, as this project was established and funded by Council during FY 84-85 budget sessions. 7. Exhibits: Memo Bob Speake to John Joerns, 10-15-85. 8,Availability of Funds: General Fund Water/Wastewater ~_Capital Improvmt. General Revenue Sharing Other Account Number: 003-806-806-886 Funds Available: X Yes No John Joerns Reaueste 9,Approved for City Council Agenda City Manager ~ Date „. • • CITY OF LA PORTE INTER-OFFICE MEMORANDUM T0: John Joern FROM: Bob Speake~ DATE: October 15, 1985 SUBJECT: Proposed Additional "D" Street Sanitary Sewer Extension City of La Porte File Number 84-7108 Mrs. Lee Watkins, 11120 North "D" Street, addressed City Council October 14 and requested that the Battlegrounds Vista Sewer Extension Project be amended to include service to her house. Attached is a plan and profile for the extension of the sanitary sewer (now under construction on North "D" Street) to serve her house. A City topo is also attached showing the new extension. The contract cost of the new addition would be as follows (current contract amounts are in double parentheses); 8ID ITEM ADDITIONAL CONTRACT ~ GRAVITY _ ITEM DESC UNIT~~ICE TOTAL CQST 3 985 LF 12" PVC Gravity 10.00 $ 9850.00 ((725)) Sewer ((3250.00)) 5 3 EA Standard Manhole ~ 850.00 $ 2550.00 ((9)) (4' Depth) ((7650.00)) 6 13.5 LF Manhole Extra Depth 1.00 $ 13.50 ((53.22)) (Vertical Feet) ((53.22)) 9 3 EA Service Connection 200.00 600.00 ((8)) Risers ((1600.00)) TOTALS $ 13,013:50 ((12,553.22)) • • Page Two October 15, 1985 RE: CLP ~~84-7109 Special condition 50 of the contract with McKey allows the City to add up to 10~ of the contract amount for 12" gravity sewers ($1255.32) at the bid unit prices. If the extra work exceeds that amount, a lump sum price is to be mutually agreed upon by the City and the contractor. If agreement cannot be reached, the work is to be performed at cost plus 15%. McKey has offered to do all the work for the except for Bid Item 3, for which he wants an foot in order to recover a cost increase in taken place since the contract was awarded. an additional $295.50 over the contract unit change order of $13,309.00. A project financial summary follows: contract unit prices, extra $.30 per lineal materials that has This would result in prices, for a total Original Authorization $165.000.00 Expenditures to Date Engineering Services $ 25140.45 Misc. Survey AppraisalLLand Acq. ~ 2,,030.00 Construction Contract $ 90,723.17 Balance $ 47,106.38 BS/tla Attachments ~~ ~O~ _~~ E. B. Hinders Attorney October 22, 1985 File: AG-581 Sherie Black Secretary City of La Porte Box 1115 La Porte, Texas 77571 Dear Sherie: Amoco Gas Company 501 Westlake Park Boulevard Post Office Box 3092 Houston, Texas 77253 On October 1, 1985, Amoco Gas Company filed an application for a change in rates and services to Air Products and Chemicals, Inc. As a part of the application, Amoco Gas requested that the thirty-five day waiting period required under Section 5.08(a) of the Gas Utility Regulatory Act (GURA) be waived pursuant to Section 5.08(b) of GURA, and that the changes in rates and services be made effective October 1, 1985. The objective of this change in rates and services is to substitute cheaper gas purchased by Air Products from sources other than Amoco Gas' system supply. The increase revenue due to the change in the definition of "weighted average cost of gas" will be more than offset by the use of other cheaper sources of gas. Therefore, the change of rates and services is in the public interest. Please present a minute item to your City Council approving an effective date of October 1, 1985 for the change in rates and services to Air Products and Chemicals. Very truly yours, r ~~ _ EBH/kr 24/22 • • CITY OF LA PORTE, TEXAS DOCKET NO.: DATE FILED: STATEMENT OF INTENT FILED BY AMOCO GAS COMPANY to CHANGE RATES CHARGED AIR PRODUCTS AND CHEMICALS, INC. STATEMENT OF INTENT COMES NOW AMOCO GAS COMPANY (Amoco Gas) and pursuant to § 3.03 and § 5.08 (a) of the Gas Utility Regulatory Act, TEX. REV. CIV. STAT. ANN. art. 1446e (1983) (GURA), files this its Statement of Intent to change rates charged to Air Products and Chemicals, Inc. (Air Products), effective no later than October 1, 1985, and would respectfully show the City of La Porte, Texas (City) the following: I. Amoco owns and operates an intrastate pipeline located wholly within the State of Texas and is a gas utility whose certain sales rates are subject to the original jurisdiction of the City under Section 3.03 of GURA. • • Page 2 II. The original contract between Amoco Gas and Air Products is for delivery of gas to the Air Products La Porte Plant. Therefore, the amendment of this contract is subject to the jurisdiction of the City. The proposed increase in rates is set forth in the "Gas Purchase Contract Amendment," to be effective October 1, 1985, a copy of which is attached as Exhibit A to this filing and made a part of this Statement of Intent for all purposes. The proposed change increases the price of gas paid by Air Products to Amoco Gas by changing the definition of Weighted Average Cost of Gas (WACOG) to include costs not currently recovered. The amendment also allows Air Products to substitute direct purchases of gas from producers in place of gas purchased from Amoco Gas. The purpose of the Amendment is to allow Air Products to purchase lower cost gas overall for use at its La Porte Plant. III. The 35th day after the filing of this Statement of Intent is November 4, 1985, and for purposes complying with provisions of GURA § 5.08(a), that day is the "effective date of the proposed change." However, Amoco intends and requests that the rate change actually become effective on the 1st of October 1985. For good cause, this City should allow • • Page 3 the rate change to become effective on October 1, 1985, because the agreement for the change in the price of the natural gas was agreed to as a result of arms-length bargaining between Amoco Gas and Air Products and offers Air Products the significant benefit of receiving lower cost gas for its La Porte Plant. IV. The proposed rate meets the requirements of § 5.02(b) of the GURA and is agreed to by the parties to the "Gas Purchase Contract Amendment" which is a product of arms-length negotiations. V. The increase in revenue to Amoco Gas, based solely on the proposed change in definition of WACOG, will be approximately $18,250 per year. VI. Air Products will be the only Amoco Gas customer affected by the proposed change. • • Page 4 VII. No municipalities are served by Amoco Gas. VIII. The proposed change in rate charged to Air Products does not constitute a "major change" as that term is defined in § 5.08(b) of the GURA. Respectfully submitted AMOCO GAS COMPANY BY ~ Edward B. Hinders State Bar ID No. 09684400 Attorney for Amoco Gas Company Box 3092 Houston, TX 77253 (713) 556-3639 EBH/kr 24/8 • September 20, 1985 This Agreement is made and 1985 between Air Products Company as Seller. Amendatory Agreement entered into as of the y da of 30 y and Chemicals, Inc. as Buyer and Amoco Ga Witnesseth Whereas, Buyer and Seller entered into a Gas Contract dated August 16, 1968 with amendments dated November 1, 1980 and July 6, 1983 in force (Gas Contract). Buyer and Seller further wish to amend the contract as follows: I. Article I, "Definitions" of the above described Gas Contract shall be amended with the following provision substituted for the original provision: "12. Average Daily Quantity - 2,500 MMBTU from October 1, 1985 to December 1, 1985 and 10,000 MMBTU thereafter. Seller agrees that after December 1, 1985 and through the remaining term of the contract, Buyer may purchase additional volumes of gas from Seller above 10,000 MMBTU as needed for Buyer's facilities." II. Article V, "Price" Paragraph B of the above described contract shall be amended with the following provision substituted for the original provision as amended: "B. Buyer shall pay Seller's cost of gas plus a fee for each MMBTU of gas delivered each month. Such fee shall be equal to ten percent (10%) of Seller's cost of gas. However, the fee for all volumes delivered at the Primary Delivery Point shall not exceed twenty-five cents (25Q). The term "Seller's cost of gas" as used herein shall mean the weighted average cost per MMBTU of gas determined monthly including, but not limited to, amounts paid to producers, pipelines and other suppliers of gas to Seller, including affiliates of Seller, all taxes, tax reimbursement, transportation charges paid by Seller to others, amortized costs of gathering lines and related equipment installed or acquired after January 1, 1982 for gas ultimately delivered to Seller's pipeline system (monthly amortization to Page 2 equal 1/60 of the capitalized cost plus interest at the currtnt short term (less than two years) loan interest cost incurred by Amoco Corporation on the unamortized balance), costs of compression and gas treating, costs associated with adding liquified petroleum gas, liquified natural gas and synthetic natural gas to the system supply, unrecovered advance payments for purchase of natural gas {amortized monthly over a five year period after the date of payment), costs of natural gas storage, and any other costs reasonably or prudently incurred by Seller in obtaining or maintaining a system gas supply for its customers." III. Except as amended by this a reement, the Gas Contract between Buyer and Seller shall continue in full force and effect and otherwise remain unchanged. IN WITNESS WHEREOF, the parties hereto have caused the execution of this agreement by their proper officers on their behalf as of the day and year first above written. AMOCO GAS COMPANY APPROVED FO R --~c- SUBSTANCE res RSL/kr 26/1 Air Products S Chemicals, Inc. By ~_-( 85. 1 0/0 1 1 2 : 46+P02 * 4608 MESSAC~ CENTEk A F F I D A V I T BEFORE ME, a notary public in and for Lehigh County, Pennsylvania this day appeared the person known to me as Kenneth E. Notary, who, upon first being duly sworn, based on his information, knowledge and belief, stated as follows: 1. My name is Kenneth E. Notary. I am Manager of Primary Energy and Energy Economics of Air rroducts and Chemicals, Inca ("Air Products"). 2. Air Products is a customer of Amoco Gas Company ("Amoco") and purchases gas for 1~se in its chemical plant. 3. Air Products has signed an amendment to its existing Gas Sales Contract effective October 1, 1985, which amends its existing Gas Sales Contract with Amoco. The new Contract provides for a reduction in sales volumes and an increase in the gas sales rate charged Aix Products effective October 1, 1985. 4. Neither Air Products nor Amoco had an unfair advantage during contract negotiations leading to the above- described contract. The contract was fully negotiated with all parties exercising substantially equal bargaining power. 5. Competition exists between Amoco and other possible suppliers of gas to Air Products. 6. Air Products waives notice and hearing of a State- ment of Intent to Change Rates filed by Amoco to have the contract approved by the appropriate regulatory authority and requests that the rate be allowed to go into effect on October 1, 1985. ~ ' The above stated facts are true to the best of my knowledge, information and belief. AIR PRODUCTS AND CHEMICALS, INC. By= Subscribed and sworn to before me this the _ ~ ~- ~ ~, day of , 1985. ;: '. Notary Pu c n an or: „~" -~iI(:. ~ _ ' „•, County, ~.. ' NANCY 1. W IEI, NOTARY iUBLIC ....... City Manager FROM: Date: October 22, 1985 Purchasing Department REQUEST FOR CITY COUNCIL AGEi~DA ITEM 1. Agenda Date Requested: 10-28-85 3. Project Summary: Cooperative Tire Purchasing 2. Report x Resolution Ordinance 4. Action Required: Continue Cooperative tire procurement with the State • Purchasing and General Services Commission 5. Alternative: Reject Resolution 6. Recommendation: Sign Resolution with the State Purchasing and General Services Commission 7. Exhibits: Attached s,Availability of Funds: x General Fund Water/Wastewater Capital Improvmt. General Revenue Sharing Other Account Number: 001-607-607-119 Funds Available: x Yes No P.equested By 9,Approved for City Cou cil Agenda City Manager Date ~ 4 • • INTER-OFFICE MEMORANDUM OCTOBER 22, 1985 T0: R. Hare - Assistant City Manager FROM: 0. Moeller -Administrative Assistant/Standin Purchasin A ent ~~ g g g SUBJECT Cooperative Tire Purchasing The annual cooperative tire contract supplied by the State Commission is in need of renewal. Current tare needs are purchased from an annual contract held by the State of Texas with Goodyear Tire and Rubber Company which has expired.. Goodyear is presently honoring the pricing under this contract until the City of La Porte files a current Resolution with the State of Texas. A price comparision sheet is attached for your information. Service will be handled through Goodyear's Houston-based truck tare distribution center. Goodyear intends to open a stocking distributorship within the city limits of La Porte by the Spring of 1986. I hereby recommend that the City of La Porte continue utilizing this method of cooperative tire procurement. Should Council wish to continue this program, the attached Resolution will need to be completed. I trust this recommendation will meet with your approval. OM/mb cc: D. Root Attachment: Tabulation, Resolution r. Cooperative Purchasing Program State of Texas Tire Pricing • Goodyear Goodyear State State Contract Contract Prices Prices 1985-86 1984-85 I. Passenger Vehicle Tires A. E78-14 4766-605-263 21.85 21.53 B. G78-14 4766-628-263 23.73 23.37 II. Police Special Radial A. P225/70HR 15 Black 44100-876-193 41.84 39.40 ' B. P215/70HR 15 Black 44100-823-193 40.29 37.94 III. Truck Tires - Conventional A. 9.00 x 20 - E10 44122-208-339 93.39 92.00 IV. Truck Tires - Tube T e Mud Gri A. 9.00 x 20 E10 44122-208-620 104.36 102.81 B. 10.00 x 20 F12 44122-252-620 135.53 133.52 V. Truck Tires - Tubeless Mud Gri A. 11.00 x 22.5 - F12 4P122-799-601 153.19 150.92 1 VI. Truck Tires - Premium Tube T e _- A. 10.00 x 20 F12 44122-252-339 124.06 ~ 122.22 VII. Grader Tires - Tube T pe Lu Thread A. 14.00 x 24 - 10 P1 rate 44123-441-065 218.74 213.41 B. 17.5 x 25• - 12 P1 rate 44123-897-052 336.06 327.87 VIII. Farm Tractor Tires - Tube T e A. 14.9 x 24 - 6 P1 Turf Thrd. 44171-673-311 138.82 137.44 B. 16.9 x 28 - 6 P1 rate 44173-736-448 151.14 149.64 ____ l : • .~CP'C ~ R :c7 ~ ' yt ,y ~ ~- ~ STATE PURCHASING AND NE CsE RAL SERVICES COMMISSION ,•'~•+•~•~ LYNDON BAINES JOHNSON STATE OFFICE BUILDING STATE OF TEXAS P.O. BOX I3O47 CAPITOL STATION AUSTIN, TEXAS 7871 I 09/20/8 5 CITY OF LA PORTE P O BOX 1115 LA PORTE, TX. 77571 RE: GOOPERATi.IVE PURCHASING PROGRAM ARTICLE bH4-7i V, T.C.S GENTLEMEN: LOCAL GOVERNMENTS DESIRING TO PARTICIPATE IN A COOPERATIVE PURCHASING PROGRAM WITH THE S~'ATE OF TEXAS ARE REflUiRED TO HAVE ON FILE WITH THE STATE PURCHASING AND GENERAL SERVICES COMMISSIDN A RESOLUTION FROM THEIR GDVERNIRG @ODY INDICATFNG THEIR INTENT TO PURCHASE UNDER SPEC.iFIC ST~YTE CONTRACTS. WE HAVE YOUR RESOLUTION Ott FILE AND YOU ARE CURRENTLY PART~C IPkT- ING IN THE PROGRAM. ARTICLE 664-7. V~T.CiS.s REQUIRES IHE RESOLUTION BE RENEWED ANNUALLY. ACCORDINGLY, A NEW RESOLUTION IS NOW REflUIRED ON THE CONTRACTS LISTED B.ELOY! BY COMMODETY CLASS NUMBER: 863 FOR YOUR CONVENIENCE WE HAVE ATTACHED A SAMPLE RESOLUTION WHICH MAY 8E USED FOR THIS PURPOSE. YDUR IMME[7IATE AT?~ENTION TO THiS MATTER WILL @E APPRECIATED. YOURS TRULY. ~7 ,` HERB GERS HACH DIRECTOR OF PURCHASING RECfit'ED ~~ ~~~ v CITY MGR'S OFFICE • • CONTRACT CLASS N0. DESCRIPTION 590 SCISSORS 600 OFFICE MACHINES, EQUIPMENT & ACCESSORIES 605 OFFICE MECHANICAL AIDS 610 CARBON PAPER & RIBBONS 615 OFFICE SUPPLIES, GENERAL 620 ERASERS, INKS, LEADS, ETC. 625 OPTICAL EQUIPMENT & SUPPLIES 630 PAINTS, PROTECTIVE COATING, CAULKING COMPOUNDS, VARNISH, ETC. 640 PAPER ~ PLASTIC PRODUCTS, DISPOSABLE 645 PAPER FOR OFFICE & PRINT SHOP 655 PHOTOGRAPHIC SUPPLIES 665 BAGS (LINERS) POLYETHYLENE PLASTIC (6 MONTH CONTRACT) 670 PLUMBING EQUIPMENT, FIXTURES, SUPPLIES 700 PRINTING PLANT EQUIPMENT ~ SUPPLIES (EXCEPT PAPER) 725 TELEPHONE EQUIPMENT ~ SUPPLIES 740 REFRIGERANT GASES 780 SCALES 785 SCHOOL EQUIPMENT ~ SUPPLIES 800 SHOES & BOOTS 803 INTERCOM, PUBLIC ADDRESS, & LANGUAGE LABORATORY EQUIP. (INCLUDING RECORDING TAPE) 805 SPORTING & ATHLETIC EQUIPMENT 832 TAPE: CARTON SEALING, LABELING, MASKING, ETC. 840 TELEVISION EQUIPMENT ~ ACCESSORIES 863 TIRES ~ TUBES EFFECTIVE DATE APRIL 1 SEPT 1 AUG 1 NOV 1 AUG 1 AUG 1 JULY 1 MARCH 1 MARCH 1 MARCH 1 OCT 1 FEB 1 & AUG 1 MAY 1 MAY 1 SEPT 1 OCT 1 OCT 1 SEPT 1 SEPT 1 JUNE 1 NOV 1 APRIL 1 JUNE 1 AUG 1 • •- • RESOLUTION N0. 85-19 A RESOLUTION TO THE STATE PURCHASING AND GENERAL SERVICES COMMISSION WHEREAS, the City Council of La Porte, Texas, pursuant to the authority granted by Article 66~-7, Vernon's Texas Civil Statutes, as amended, desires to participate in certain below described purchasing programs of the State Purchasing and General Services Commission, and WHEREAS, the said City Council is of the opinion that participation in these programs will be highly beneficial to the taxpayers of this City, through the anticipated savings to be realized; NOW, THEREFORE, BE IT RESOLVED that the City Council of La Porte, Texas, does hereby request the State Purchasing and General Services Commission to include its stated need for Contract Class No. 863, vehicle tires, on the Commission's annual contracts for those items, whereby the City of La Porte may be allowed to purchase those items from the annual contract in question; and that Jack Owen, City Manager, is hereby authorized and directed to sign and deliver all necessary requests and other documents in connection therewith for and on behalf of the City of La Porte. PASSED AND APPROVED this the 28th day of October, 1985. CITY OF LA PORTE By Norman Malone, Mayor ATTEST: City Secretary I hereby certify that the foregoing is a true and correct copy of the resolution duly and regularly adopted by the City Council of the City of La Porte, Texas, at a meeting thereof held on the 28th day of October, 1985, and that the same now appears of record in my office. In witness thereof, I have hereunto set my hand and affixed my official Seal, this the 28th day of October, 1985. CITY OF LA PORTE By Cherie Black City Secretary City of La Porte, Texas