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1993-03-01 Regular Meeting
MINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL MARCH 1, 1993 1. The meeting was called to order by Mayor Malone at 6:00 P.M. Members of City Council Present: Mayor Norman Malone, Councilpersons Guy Sutherland, Mike Cooper, Bob Thrower, Alton Porter (arrived at 6:05 P.M.), Deotis Gay (arrived at 6:35 P.M.), Jack Maxwell, Jerry Clarke Members of City Council Absent: Councilperson Bob McLaughlin Members of City Staff Present: City Manager Bob Herrera, City Attorney Knox Askins, City Secretary Cherie Black, Assistant City Manager John Joerns, Director of Public Works Steve Gillett, Police Chief Bobby Powell, Planning Director Chuck Harrington, Director of Parks and Recreation Stan Sherwood, Finance Director Jeff Litchfield, Director of Administrative Services Louis Rigby, Recreation Superintendent Tim O'Connor, Buyer Susan Kelley Others Present: Lori Lee; James Lawn; John Black, Bayshore Sun, two citizens 2. In the absence of Councilperson Porter, the invocation was given by City Attorney Knox Askins. 3. Council considered approving the minutes of the public hearings and regular meeting held February 22, 1993. Motion was made by Councilperson Cooper to approve the February 22 minutes as presented. Second by Councilperson Thrower. The motion carried, 6 ayes and 0 nays (Councilpersons Porter and Gay had not yet arrived). Ayes: Councilpersons Sutherland, Cooper, Thrower, Maxwell, Clarke and Mayor Malone Nays: None 4. The Mayor proclaimed March as Youth Art Month. Miss Lori Lee, La Porte High School, accepted the proclamation. 5. There were no citizens wishing to address Council. 6. Council adjourned into executive session at 6:08 P.M. under V.A.T.S. - Article 6252-17, Section 2(E), (F), (G), (R) - (Legal, Land Acquisition, Personnel, and Conference(s) with City Employees) to Receive Information) , as follows: Section 2(E) (Legal) - Meet with Attorney to discuss pending litigation. Council returned to the table at 7:04 P.M., with no action having been taken. Minutes, Regular Meeting, La Porte City Council March 1, 1993, Page 2 7. Council considered ordinances granting permits under Section 18-A-3 of Ordinance No. 915, "Pipeline Transportation", to Air Products Manufacturing Corporation. The City Attorney read: ORDINANCES 915-HH, 915-II, AND 915-11 - AN ORDINANCE GRANTING A PERMIT UNDER SECTION 18-a-3 OF ORDINANCE NO. 915, "PIPELINE TRANSPORTATION," BEING CHAPTER 18-A OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, DATED NOVEMBER 25, 1975, TO CONSTRUCT A 10-INCH PIPE LINE FOR THE TRANSPORTATION OF OXYGEN; A 10-INCH PIPE LINE FOR THE TRANSPORTATION OF HYDROGEN; A 10-INCH PIPE LINE FOR THE TRANSPORTATION OF NITROGEN; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Clarke to adopt Ordinances 915-HH, 915-II, and 915-JJ as read by the City Attorney. Second by Councilperson Thrower. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None 8. Council considered an ordinance amending Ordinance No. 1000 of the City of La Porte, Texas, designating areas where beer for consumption on premises may be sold and prohibiting the sale elsewhere (for Royal China Restaurant). The City Attorney read: ORDINANCE 1000-DD - AN ORDINANCE AMENDING ORDINANCE NO. 1000 OF THE CITY OF LA PORTE, TEXAS, DESIGNATING THE AREAS WHERE BEER FOR CONSUMPTION ON PREMISES MAY BE SOLD AND PROHIBITING THE SALE ELSEWHERE; PROVIDING FOR HOURS OF OPENING AND CLOSING; DEFINING SOURCE OF AUTHORITY; PROVIDING A SAVINGS CLAUSE; PROVIDING THAT NO LICENSE SHALL BE ISSUED EXCEPT FOR THE AREAS HEREIN DESIGNATED; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Thrower to adopt Ordinance 1000-DD as read by the City Attorney. Second by Councilperson Cooper. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None Minutes, Regular Meeting, La Porte City Council March 1, 1993, Page 3 9. Council considered an ordinance appointing a member to fill an unexpired term on the La Porte Planning and Zoning Commission. Motion was made by Councilperson Clarke that Ronald R. Gragg be appointed to fill the vacancy on the Planning and Zoning Commission (Ord. 93-1891). Second by Councilperson Maxwell. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None 10. Council considered an ordinance approving and authorizing an engineering services agreement between the City of La Porte and Carter & Burgess, Inc., for improvements to the City of La Porte Municipal Airport. The City Attorney read: ORDINANCE 93-1892 - AN ORDINANCE APPROVING AND AUTHORIZING AN ENGINEERING SERVICES AGREEMENT BETWEEN THE CITY OF LA PORTE AND CARTER & BURGESS, INC., FOR IMPROVEMENTS TO THE CITY OF LA PORTE MUNICIPAL AIRPORT; APPROPRIATING $282,267.00 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Maxwell to adopt Ordinance 93-1892 as read by the City Attorney. Second by Councilperson Thrower. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None 11. Council considered a resolution authorizing participation in the Lone Star Investment Pool. The City Attorney read: RESOLUTION 93-05 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, AUTHORIZING EXECUTION OF AN INTERLOCAL INVESTMENT AGREEMENT FOR PARTICIPATION IN THE LONE STAR INVESTMENT POOL. Motion was made by Councilperson Thrower to approve Resolution 93-05 as read by the City Attorney. Second by Councilperson Porter. The motion carried, 7 ayes and 0 nays (Councilperson Clarke was away from the table during the vote). Ayes: Councilpersons Sutherland, Cooper, Thrower, Porter, Gay, Maxwell and Mayor Malone Nays: None Minutes, Regular Meeting, La Porte City Council March 1, 1993, Page 4 12. Council considered a consent agenda, as follows: (A) Consider awarding bid for fitness equipment; (B) Consider awarding bid for athletic field light fixtures; (C) Consider awarding bid for electrical materials for athletic field lighting. Motion was made by Councilperson Clarke to approve the consent agenda as presented. Second by Councilperson Porter. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None 13. Workshop Item: Discuss suggestions to Planning and Zoning for possible amendments to sign ordinance. After various comments from Councilmembers, direction was given that Planning Director Chuck Harrington meet with Planning and Zoning for review of the sign ordinance, particularly in the areas of off -premise signs, portable signs, and temporary weekend real estate signs. 14. There were no administrative reports. 15. There was no Council action. 16. The executive session had been held earlier in the meeting. 17. There being no further business to come before the Council, the meeting was duly adjourned at 7:42 P.M. Respectfully submitted: ��- Cherie Black, City Secretary Passed & Approved this the 22 d day of March, 1993 rman L. Malo e, Mayor • Office of the Mayor x : Youth Art Month has been observed nationally since 1961 and has gained wide acceptance; and WHEREAS, children are our most priceless asset, and childhood is the time to develop interest, skills, and aptitudes that will last a lifetime; and WHEREAS, through meaningful art activities, children develop initiative, self- expression, creative ability, self -evaluation, discipline, and a heightened appreciation of their environment; and WHEREAS, the importance of art in education is recognized as being necessary for the full development of all children. NOW, THEREFORE, I, NORMAN L. MALONE, MAYOR of the City of La Porte, do hereby proclaim the month of March, 1993, as YOUTH ART MONTH in the City of La Porte, and encourage all citizens to become interested in, support, and encourage art programs presented in schools and youth organizations. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed hereto, this the 1st day of Mawh, 1993. CITY OF LA PORTE Norman L. Malone, Mayor REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: March 1, 1993 Requested By: S. Gillett Department: Public Works Report Resolution XX Ordinance Exhibits: Ordinances 915-HH, 915-II, 915-JJ Letter of request from Air Products Pipeline location maps SUMMARY & RECOMMENDATION A letter to construct three (3) ten (10) inch pipelines through the City of La Porte has been received from Air Products Manufacturing Company. The letter has been reviewed and meets required specifications. The Engineering Department has checked the proposed routing and marked City utility lines as necessary. It is recommended that the three above -referenced ordinances be adopted. Action Required by Council: Adopt Ordinances 915-HH, 915-II, and 915-JJ Availability of Funds: N/A General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other Account Number: Funds Available: YES NO Approved for City Council Agenda 6�t i a-u 3 Robert T. Herrera DATE City Manager 0 Air Products Manufacturing Corporation 12600 Northborough Drive Suite 196 Houston, TX 77067 Telephone (713) 873-5151 February 4, 1993 Mr. Steve Gillett Director of Public Works CITY OF LA PORTE P. O. Box 1115 La Porte, Texas 77571 Dear Mr. Gillett: MODUGa'TR5 Air Products Manufacturing Corporation (APMC) proposes to construct three (3) ten (10) inch pipelines through the City of La Porte along the route highlighted by dashed lines shown on the attached route map (2 copies), for the transportation of (1) Oxygen, at a MAOP of 720 PSIG; (2) Hydrogen, at a MAOP of 1440 PSIG; (3) Nitrogen as the primary product, with occasional transports of Cyngas, which is a mixture of Nitrogen and Carbon Monoxide, at a MAOP of 720 PSIG. All pipelines will be operated at ambient temperature. Also attached are two copies each of the detailed crossing plans of the following roads and streets within the jurisdiction of the City of La Porte that will be crossed: State Highway 225 Underwood Road APMCP2, Rev. 1 APMCPR, Rev. 1 It is requested the City of La Porte issue APMC a permit to construct and operate the proposed pipeline system at the locations and in the manner shown. Should additional information be required, please contact me at the address listed above or via telephone, 621-0709 or 253-6116. Very truly yours, Res R. Law cc: B. J. Pershall, Jr. K. C. Yost HARRIS COUNTY, TEXAS t PROPOSED 3-10" PIPELINES WfTHIN 16" CASINGS AT 3' MIN. SEPARATION VENT PIPEWARNING SIGN & C.P. TEST BOX 30.00' 4' MIN. MIN. 20.00' 10.00' li I I I o E PF AT 3' ST. HWY. 225 IAa litI N N PP A m z 2500't 1b RD. MN -ER CUT -OFT 162' 104' 193' - DRY BORE CONVENTIONAL LAY SLICK BORE PLAN SCALE: 1" = 100' Y U w 90 m Y Z� ym0O H NYZ UwUmj3 U 00 O UVm U_=a I ww w ?_ W OOfn 41 O DC 0 _ �W� Z La w o'2 dl W W ww w d1 M-F n lfln aNn f` --ta 01 IAVM I\ I` t0 U) •.t N ttttt t n t to't tt O + Do 00 IC ttt �— POST W/ WARNING SIGNS w w 9 W w O O� w Y Z =O 00 2-1 F-} t=w ww 0C30 c5o00 OU 2 jw ww "IZo �in �tM �O OC ttt tt tt t0 O N tAln N to 5' in In MIN. _ _ CARRIER PIPE CASING 193' \ON ND SEAL (TYP.) 27 INSULAT 8' MAX. CENTERS P OFILE SCALE: 1" = 100' HORZ. 1" = 10' VERT. SEPARATION POST W/ WARNING SIGN 30.00' 20.00' T.B.M. - MOST EASTERLY TOWER, ON N.E. FOOTING, N. SIDE ST. HWY. 225 & S. OF R.R. TRK. AT S.W. CORNER OF AIR PRODUCTS (EL 27.13') 10.00' ALIGN. - BK R636, PG. 4 & 5 PROFILE - BK R636, PG. 4 & 5 F ZZ 9jDD {TTRANG RD 8 -4 • ' IRODUf:Tf SA .pro C qq .. J CROSSING LOCATION t� { 1 C D t DEAF 1 VICINITY MAP SCALE : 1" - 1/2 MILE LINE "A' NOTES INSTALLATION METHOD : SEE PLAN CONTENTS : OXYGEN CARRIER 10.750" O.D. X 0.188" W.T. API-5L, GR, X-46 CASING 1 G O.D. X 0.375" W.T. API-5L, GR.-B COATING F.B.E. MA.O.P.: 720 P.S.I.G. LINE "Y' NOTES INSTALLATION METHOD : SEE PLAN CONTENTS : HYDROGEN CARRIER 10.750' D.D. X 0.307' W.T. API-5L, GR. X-52 CASING 16" O.D. X 0.375' W.T. API-5L, GR.-B COATING F.B.E. MAO.P. 1440 P.S.I.G. LINE "C' NOTES INSTALLATION METHOD : SEE PLAN CONTENTS : NITROGEN - CYNGAS CARRIER 10.750' O.D. X 0.188' W.T. API-51. DR. X-46 CASING 16" 0.0. X 0.375' W.T. API-51, GR.-B COATING F.B.E. MAO.P. 720 PS.I.G. • 8708/AIRPR051.DWG t ST. HWY._225 HARRIS COUNTY, TEXAS 296't - - - - ST. HWY. 225 - E SOUTHERN PACIFIC RAILROAD 1 ARCO P/ P.O.C. S Or 58'50" E- 16.4' -- N 7 W - 178. -------- x x ,E x ----------- 1 P.O.E. 0 C 11.5' P.O.B. O PP 1 \ \ \ O PP 1 f PROPOSED 3-10" PIPELINES AT 1' MIN. SEPARATION 1 TRACT 12 ROLLINS LEASING CORP. \ 9 61 \ H L & P. \ OF HOLDING POND TRACT 8 HOUSTON ASSOCIATES PD ZE 335, - S CK BORE AT 3' MIN. EPARATION CONVENTIONAL LAY eSvsT /2r PLAN 0 0 �G' SCALE: 1" = 100' . E E n E E E 'o a° t a° ° r m m m ' o o c 'o 3 0 0 0 3 m O O O O m 07 Cam') cy rnC v to o d a a o rn c o '0 w w w 0u a 1-- _ 12 1--- z 1° 1-° _ = Z 00 to (D a a V1 M N 0) V) V) 17 :'1 N N N f` -w V) N 01 a0 M IM n V1 -e n 0O t t ++ t n I\ I\ I\ to V7 n n V7 to V) V7 O O O - t0 t0 l0 t0 V) ID V) (0 to t0 V) (0 to (0 t0 VJ t0 H.L.& P. POST W/ WARNING SIGN & C.P. TEST BOX FEE EASEMENT POST W/ WARNING SIGN 40.00' 40.00' 11 it NG i 30.00' 3 a 30.00' 20.00' 20.00' T.B.M. - 60C NAIL ON EAST SIDE OF PWR. POLE 19.3' WEST PROFILE OF UNDERWOOD RD.'S WEST EDGE & 41' S. OF SOUTH RAIL OF EAST -WEST TRACK, ELEV. 27.45' SCALE: 1" = 100' HORZ. ALIGN. - BK. R630. PG. 14 & 15 1" = 10' VERT. PROFILE - SK. R630, PG. 14 & 15 `J,-• 8 bqpJ � aqp CpOSSNG LOCATION ` IL 13" F. uTIH W,* .`�. -' ;� ;DEER DOMMW W.E T VICINITY MAP SCALE : 1" = 1/2 MILE LINE "A' INSTALLATION METHOD : SEE PLAN CONTENTS : OXYGEN CARRIER 10.750" O.D. X 0.188" W.T. API-5L, GR. X-46 COATING F.B.E. MAO.P.: 720 P.S.I.G. NOTES LINE "Y' INSTALLATION METHOD : SEE PLAN CONTENTS : HYDROGEN CARRIER 10.750" O.D. X 0.307" W.T. API-5L, GR. X-52 COATING F.B.E. M.A.O.P. 1440 P.S.I.G. LINE "C" INSTALLATION� METHOD : SEE PLAN CONTENTS : NITROGEN - CYNGAS CARRIER 10.750" O.D. X 0.188" W.T. API-51. GR. X-46 COATING F.B.E. 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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAPORTE: Section 1. The City Council of the City of La Porte has received an application dated February 4, 1993, from AIR PRODUCTS MANUFACTURING CORPORATION, requesting a permit under Section 18-A-3 of Ordinance 915, being Chapter 18-A of the Code of Ordinances of the City of La Porte, to construct and operate its 10-inch pipe line for the transportation of OXYGEN, crossing the City of La Porte, all as shown on said application. The application of AIR PRODUCTS MANUFACTURING CORPORATION has been reviewed by the City's Director of Public Works, who has found that said application meets all requirements of said Ordinance No. 915, and has recommended its approval. Section 2. The City Council of the City of La Porte hereby approves the applicaton of AIR PRODUCTS MANUFACTURING CORPORATION, dated February 4, 1993, and this Ordinance shall constitute a permit to AIR PRODUCTS MANUFACTURING CORPORATION to operate said pipe line within the City of La Porte, all in conformance with the requirements of said Ordinance No. 915, contingent upon its filing with the City of La Porte prior to commencement of construction, copies of its permits from the Texas Department of Heghways and Transportation; Harris County; and the Harris County Flood Control District. Any future relocation of the pipeline herein permitted, within the City, State, or County rights -of -way, shall be at the sole expense of permittee. Section 3. This Ordinance shall be in full force and effect from and after its passage and approval. ORDINANCE NO. 915-HH PASSED AND APPROVED, this the 1st day of March, 1993. CITY OF LA PORTE PAGE 2 BY Norman L. Malone, Mayor ATTEST: Cherie Black, City Secre ary APPRO D: Knox W. As ins, City Attorney ORDINANCE NO. 915-II AN ORDINANCE GRANTING A PERMIT UNDER SECTION 18-a-3 OF ORDINANCE NO. 915, "PIPELINE TRANSPORTATION," BEING CHAPTER 18-A OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, DATED NOVEMBER 25, 1975, TO CONSTRUCT AN 10-INCH PIPE LINE FOR THE TRANSPORTATION OF HYDROGEN; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAPORTE: Section 1. The City Council of the City of La Porte has received an application dated February 4, 1993, from AIR PRODUCTS MANUFACTURING CORPORATION, requesting a permit under Section 18-A-3 of Ordinance 915, being Chapter 18-A of the Code of Ordinances of the City of La Porte, to construct and operate its 10-inch pipe line for the transportation of HYDROGEN, crossing the City of La Porte, all as shown on said application. The application of AIR PRODUCTS MANUFACTURING CORPORATION has been reviewed by the City's Director of Public Works, who has found that said application meets all requirements of said Ordinance No. 915, and has recommended its approval. Section 2. The City Council of the City of La Porte hereby approves the applicaton of AIR PRODUCTS MANUFACTURING CORPORATION, dated February 4, 1993, and this Ordinance shall constitute a permit to AIR PRODUCTS MANUFACTURING CORPORATION to operate said pipe line within the City of La Porte, all in conformance with the requirements of said Ordinance No. 915, contingent upon its filing with the City of La Porte prior to commencement of construction, copies of its permits from the Texas Department of Heghways and Transportation; Harris County; and the Harris County Flood Control District. Any future relocation of the pipeline herein permitted, within the City, State, or County rights -of -way, shall be at the sole expense of permittee. Section 3. This Ordinance shall be in full force and effect from and after its passage and approval. ORDINANCE NO. 915-II PASSED AND APPROVED, this the 1st day of March, 1993. CITY OF LA PORTE PAGE 2 BY Norman L. Malone, Mayor ATTEST: Cherie Black, City Secre ary APPR Knox W. As ins, City Attorney ORDINANCE NO. 915-JJ AN ORDINANCE GRANTING A PERMIT UNDER SECTION 18-a-3 OF ORDINANCE NO. 915, "PIPELINE TRANSPORTATION," BEING CHAPTER 18-A OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, DATED NOVEMBER 25, 1975, TO CONSTRUCT AN 10-INCH PIPE LINE FOR THE TRANSPORTATION OF NITROGEN; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAPORTE: Section 1. The City Council of the City of La Porte has received an application dated February 4, 1993, from AIR PRODUCTS MANUFACTURING CORPORATION, requesting a permit under Section 18-A-3 of Ordinance 915, being Chapter 18-A of the Code of Ordinances of the City of La Porte, to construct and operate its 10-inch pipe line for the transportation of NITROGEN, crossing the City of La Porte, all as shown on said application. The application of AIR PRODUCTS MANUFACTURING CORPORATION has been reviewed by the City's Director of Public Works, who has found that said application meets all requirements of said Ordinance No. 915, and has recommended its approval. Section 2. The City Council of the City of La Porte hereby approves the applicaton of AIR PRODUCTS MANUFACTURING CORPORATION, dated February 4, 1993, and this Ordinance shall constitute a permit to AIR PRODUCTS MANUFACTURING CORPORATION to operate said pipe line within the City of La Porte, all in conformance with the requirements of said Ordinance No. 915, contingent upon its filing with the City of La Porte prior to commencement of construction, copies of its permits from the Texas Department of Heghways and Transportation; Harris County; and the Harris County Flood Control District. Any future relocation of the pipeline herein permitted, within the City, State, or County rights -of -way, shall be at the sole expense of permittee. Section 3. This Ordinance shall be in full force and effect from and after its passage and approval. ORDINANCE NO. 915-JJ PASSED AND APPROVED, this the 1st day of March, 1993. CITY OF LA PORTE PAGE 2 BY Norman L. Malone, Mayor ATTEST: Cherie Black, City Secre ary APPROVED: 25k�z�) Knox W. As ins, City A orney 0 0 REQUEST FOR CITY COUNCIL AGENQ_ITEM Agenda Date Requested: March 1, 1993 Requested By: K. Askins Department: Legal Report Resolution XXX Ordinance Exhibits: Application for Wine & Beer On -Premise Permit Ordinance 1000-DD SUMMARY & RECOMMENDATION An application for a wine and beer on -premise permit has been received for Royal China Restaurant, located at 110 North Broadway in La Porte (the former Cowboy's location). All City criteria have been met, and the restaurant is currently open for business. Staff recommendation is that the ordinance granting an on -premise wine and beer permit be approved. Action Required by Council: Adopt Ordinance 1000-DD Reject Ordinance 1000-DD Availability of Funds: N/A General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other Account Number: Funds Available: YES NO Approved for City Council Agenda Robert T. Herrera City Manager a-2y-11'� DATE • • ORDINANCE NO. 1000-DD AN ORDINANCE AMENDING ORDINANCE NO. 1000 OF THE CITY OF LA PORTE, TEXAS, DESIGNATING THE AREAS WHERE BEER FOR CONSUMPTION ON PREMISES MAY BE SOLD AND PROHIBITING THE SALE ELSEWHERE; PROVIDING FOR HOURS OF OPENING AND CLOSING; DEFINING SOURCE OF AUTHORITY; PROVIDING A SAVINGS CLAUSE; PROVIDING THAT NO LICENSE SHALL BE ISSUED EXCEPT FOR THE AREAS HEREIN DESIGNATED; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City of La Porte desires to regulate the sale of beer and prescribe the hours when it may be sold, for consumption on premises in accord with provisions of Texas Codes Annotated, Alcoholic Beverage Code, Chapter 105, Section 105.05 and Section 105.06; and in accord with the provisions of Texas Codes Annotated, Alcoholic Beverage Code, Chapter 109, Subchapter C, Section 109.31 et seq; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. DEFINITIONS: Restaurant: A building or portion of a building, not operated as a dining room in connection with a hotel or boarding hotel, where the primary business is the on -premises sale of prepared food, with adequate kitchen facilities for the preparation of the food to be sold, the adequacy of said kitchen facilities to be based upon the seating capacity of the restaurant and the type of menu offered, and where alcoholic beverages may be sold under the following conditions: (1) At least sixty-five percent (65%) of the gross income shall be derived from the sale of prepared food. (2) Any outside entrances, outside separate identification, outside signs or other advertising shall not use any of the words "bar," "tavern," "lounge," "ice house," or "beer," or any word of like import, to identify the business. (3) Beer shall be served as a beverage only in connection with the service of prepared food to a customer. (4) Whenever the building official on the basis of a sworn complaint from any credible person determines that a violation of this section exists, he may require any person serving alcoholic beverages as an incidental use to provide the City, within thirty (30) days of notification, a verified audit for each of the preceding four (4) calendar quarters, showing the gross income derived from the sale of alcoholic beverages and the gross income ORDINANCE NO. 1000-DD PAGE 2 derived from the sale of food. Such verified audit shall be supported by copies of licensee's invoices and cancelled checks to substantiate its beer and food purchases. No more than two (2) audits per year shall be required. Section 2. In addition to the locations specified in Section 1 of Ordinance No. 1000 of the City of La Porte, passed and approved by the City Commission of the City of La Porte on August 19, 1974, the sale of beer and wine shall also be permitted during the hours set by the general laws of the State of Texas, consistent with Texas Codes Annotated, Alcoholic Beverage Code, Chapter 105, Sections 105.05 and 105.06, at the following location by a retailer selling beer and wine for consumption on premises, to -wit: STREET ADDRESS OF PROPERTY: 110 North Broadway, LaPorte, Harris County, Texas 77571 LEGAL DESCRIPTION OF PROPERTY: .516 acre tract out of the northerly part of Block One Hundred Eighty-one (181), Town of La Porte, Harris County, Texas. NAME OF APPLICANT: Linda Ngo ADDRESS OF APPLICANT: 2826 Meadow Brook League City, Texas 77573 TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: Royal China section 3. Except and to the extent amended hereby, Ordinance No. 1000 shall remain in full force and effect. Section 4. This ordinance shall constitute a permit for the operation of a restaurant, as above defined, at the above location, which permit shall be personal to the applicant, and non -transfer- able, and shall be further conditioned that the permittee shall comply with the provisions of the Texas Alcoholic Beverage Code, and all other applicable federal, state, and local laws and ordinances, including other provisions of this ordinance. ORDINANCE NO. 1000-DD PAGE 3 Section 5. It is expressly provided that this ordinance is not an attempt to create a zoning district or comprehensive zoning as authorized by Vernon's Texas Codes Annotated, Local Government Code, State of Texas, but rather is to designate that area wherein beer for consumption on premises may be sold in accordance with the Authority granted by the Texas Codes Annotated, Alcoholic Beverage Code, State of Texas. Section 6. Hereafter no license for the sale of beer for consumption on premises where sold shall be issued or approved, save and except the areas designated in Ordinance No. 1000 of the City of La Porte, Harris County, Texas, and amendments thereto. Section 7. All rights or remedies of the City of La Porte, Texas, are expressly saved as to any and all violations of Ordinance No. 1000 or any amendments thereto, or any other ordinance, statute, or code, that permits and regulates the subject matter of this Ordinance, that have accrued at the time of the effective date of this Ordinance; and as to such accrued violation, any court shall have all the powers that existed prior to the effective date of this Ordinance. Section 8. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this Ordinance. Section 9. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as ORDINANCE NO. 1000-DD PAGE 4 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 10. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 1st day of March, 1993. CITY OF LA PORTE BY Norman L. Malone, Mayor ATTEST: Cherie Black, City Secretary APPROVED: Knox W. 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Ft, M", 11ii nflfrlitt aPI11A r,,o v W 15 1pl 1 AIR A, ilea 111,110ifc!q pever , 91 ,, �� in! 11 !P11NNi 11 M.U.N il if i'p p"'li, MIN IiIVIARITY! � i I 1, pr 111 fill llq-�fl "Y'. 1110 I on; 911,T 9 MIR . I It, I n )q or 11 Ico 11F T c if iiIIII11119, ru I lliji ii fill ;I PON. I Re il I If illifillill oil I A101111111111 I", My ji-il'll, fill fliillp g I virl i I I bl, 1, hi p[g. pill pq 11 !if 2*1 1 WRAII!li i 10 1, Iij I if If I! lurer-lorvam 00 16 St ::: i i ", 0 Q. ;if 11'a Q yj i�,i 1 "! , r"i 0 1 V a Ml 2 fi! �i 9 1 �m Mill Pill If 11 118 lift ii ''I N], I I R111 1!11 ii, 11111 a 1 Alilb 1111111 if R If iiii Ilk will '! .1 a 8M, 111,"'li I'll if linvias. 11'. 1. 1,11h1l 40 1! 11 pr i It K, Half t T.11 it ralucal I If` yl u p I MI. n1p rage z or u Form L-03.2 o � REQrZ,ST FOR CITY COUNCIL AGENDA.ITEM Agenda Date Requested: March 1. 1993 Requested By: R. Herrera Department: Administration Report Resolution XX Ordinance Exhibits: Ordinance 93-1881 SUMMARY & RECOMMENDATION A vacancy exists on the Planning and Zoning Commission due to the recent resignation of Douglas Martin. Mr. Martin no longer lives within the city limits of La Porte. Council has indicated that they are now prepared to appoint a replacement member to fill Mr. Martin's unexpired term (will expire May 30, 1993). The attached ordinance names Ronald R. Gragg to this position, as recommended by Councilperson Clarke. Action Required by Council: Adopt Ordinance 93-1891 Availability of Funds: N/A General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other Account Number: Funds Available: YES _ NO ARnroved for City Council Agenda Robert T. Herrera City Manager z.-2u-g3 DATE 0 • ORDINANCE NO. AN ORDINANCE APPOINTING A MEMBER TO FILL THE UNEXPIRED TERM OF DOUGLAS MARTIN, DISTRICT 6, ON THE LA PORTE PLANNING AND ZONING COMMISSION, TO EXPIRE MAY 30, 1993; CONTAINING A REPEALING CLAUSE; 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 hereby appoints RONALD R. GRAGG to represent District 6, on the City of La Porte Planning and Zoning Commission, to fill the unexpired term of Douglas Martin, said term to expire May 30, 1993, or until a successor shall have been duly appointed and qualified. Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of conflict only. Section 3. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, 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 4. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the 1st day of March, 1993. CITY OF LA PORTE Norman L. Malone, Mayor ATTEST: Cherie Black, City Secretary APPROVED: Knox W. Askins, City Attorney 0 0 HE & ST EOR• �. Agenda Date Requested: March 1. 1993 Requested By: Steve Gillett Department: Public Works Report Resolution XXXX Ordinance Exhibits: Ordinance No. 93-/YY Project Summary and Budget Engineering Services Agreement On November 20, 1992, the City of La Porte submitted a preapplication to the Federal Aviation Administration to construct Phase I and II Improvements at the La Porte Municipal Airport. The Projects are listed below. PHASE I IMPROVEMENTS 1. Acquire land and avigation easements 2. Construct runway and taxiway extension (12/30) 3. Overlay/reconstruct all runways and taxiways 4. Extend lighting for extensions 5. Install navigation aids (beacon and windcone) PHASE II IMPROVEMENTS 1. Install localizer/DME instrument approach 2. Install AWOS II (Automated weather station) On November 30, 1992, the FAA authorized the City to advertise for the selection of an engineering consultant for the design of the projects. Proposals were received from five (5) firms on January 14, 1993, and a selection committee ranked the firms, selecting the firm of Carter & Burgess, Inc. as the top respondent. A proposed contract has been negotiated, subject to the approval of the FAA. Attached is a Project Summary and Budget outlining the scope of engineering services and cost. Total engineering costs for Phase I and II Improvements total $282,267. Due to the time schedule for receipt of Phase I and II grant offers, the City will have to initially fund $171,900. Adequate funds are available in the Airport Fund, but are not budgeted, due to the uncertainty of FAA funding during the FY 92/93 budgeting process. After receipt of Phase I funding, reimbursement of the eligible costs (90%) will reduce the City's share of engineering to $45,664. Upon receipt of Phase II funding, the City's final share of engineering will total $29,577. Ineligible surveying costs of $1,500 for survey of the future Farrington ROW is included in these costs. This item will be funded from the amount budgeted in the FY 92/93 Budget for this purpose. The remaining amount needed is available in the Airport Fund. Action Required by Council: Approve Ordinance No. 93-ISr72 authorizing the City Manager to execute the attached Engineering Services Agreement with Carter & Burgess, Inc. for design and construction phase services for Phase I & II Airport Improvements in the amount of $282,267, and authorize the expenditure of an amount not to exceed $171,900 from the Airport Fund. Availability of Funds: General Fund Water/Wastewater XXX Capital Improvement General Revenue Sharing XXX Other -Airport Fund Account Number: 010-700-707-900 Funds Available: XX_YES NO Approved for City Council Agenda Robert T. Herrera DATE City Manager ORDINANCE NO. 93- AN ORDINANCE APPROVING AND AUTHORIZING AN ENGINEERING SERVICES AGREEMENT BETWEEN THE CITY OF LA PORTE AND CARTER & BURGESS, INC., FOR IMPROVEMENTS TO THE CITY OF LA PORTE MUNICIPAL AIRPORT; APPROPRIATING $282,267.00 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. City Council appropriates the sum of $282,267.96 from the City of La Porte Airport Fund to fund said contract. Section 2. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, 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 ORDINANCE NO. 93- Page 2 ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 1st day of March, 1993. CITY OF LA PORTE BY Norman L. Malone Mayor ATTEST: 'Cherie Black City Secretary APP�I-V-ED: Knox W. As ins City Attorney LA PORTE MUNICIPAL AIRPORT CAPITAL IMPROVEMENT PROGRAM I. INTRODUCTION The City of La Porte recently completed the Airport Master Plan Update, with recommended improvements. Phase I includes the extension of Runway 12/30, pavement overlay of both runways and taxiways, improvements to lighting associated with the runway expansion, and the replacement of the airport beacon, tower and lighted wind indicator. Finally, the Phase I includes the purchase of approximately ten (10) acres in the northwest corner of the airport to provide for a runway protection zone for the proposed expansion, as well as purchase of avigation easements for those runway ends not feasible for purchase. The proposed purchase of the ten acre tract will also serve to provide a portion of the right-of-way needed for the future expansion of Farrington Blvd. This item is not eligible for federal funding, and is budgeted in the 1993 CIP Budget. Phase II calls for the establishment of a Localizer/DME instrument approach, and the installation of an automated weather device (AWOS II). These proposed projects are currently under consideration by the Facilities Sector of the Federal Aviation Administration. II. FEDERAL AVIATION ADMINISTRATION FUNDING On November 20, 1992, the City of La Porte submitted a preapplication for funding of the above referenced projects. The funding request totaled $2,041,100, with $1,814,490 federal funding and $226,610 as the City's matching share. The request was reviewed by the FAA, and the FAA issued approval to begin the Consultant selection process to design the Phase I improvements. However, funding for Phase II, installation of the Localizer/DME and AWOS II, was delayed pending the approval of the FAA's Facilities Sector. The FAA indicated that the design could proceed on these projects, but funding would not be provided until the installation was approved. On January 20, 1993, the FAA notified the City that an allocation of $1,814,490 was approved for the Airport. The City elected to proceed with the selection of the consultant, and include both Phase I and II in the proposed scope of work. III. CONSULTANT SELECTION On November 29, 1992, the City began advertisement for Qualification Statements from interested consultants, and received five (5) on January 14, 1993. An evaluation committee ranked the five submissions, and identified the top two (2) on January 22, 1993. The top two firms were interviewed on January 29, 1993 and February 1, 1993, with Carter & Burgess, Inc. selected as the top firm for this Project. A contract for services has been negotiated, and is presented for consideration. PAGE 1 IV. PROPOSED ENGINEERING SERVICES AGREEMENT The proposed agreement with Carter & Burgess provides for the design and construction phase services for Phase I and II improvements. The services are listed as Basic Services and Additional Services. The following analysis is a breakdown of the proposed Engineering Budget, projected City expenditures for services provided prior to the Phase I Grant offer, as well as those expected after Phase I and, eventually, Phase II Grant offer. PROPOSED ENGINEERING BUDGET A. Phase I Improvements 1. Basic Services a. Preliminary Engineering Report $ 7,500 b. Preliminary Design Phase 28,750 c. Final Design Phase 51,850 d. Bidding Phase 3,900 e. Construction Phase 11.650 Total Basic Services $103,650 2. Additional Services a. Design Survey (hourly, not to exceed) $ 23,500 b. Land Survey (hourly, not to exceed) 13,300 c. NPDES Permit (lump sum, if needed) 3,500 d. Design Geotechnical (lump sum) 20,000 e. Construction Testing (cost+10%, not to exceed) 32,500 f. Project Rep. (est. 6 months @ $56/hr) 58,536 g. Update Airport Layout Plan (lump sum) 2,000 h. As -built Survey (hourly, not to exceed) 3,656 Total Additional Services $156,992 B. Phase II Improvements 1. Basic Services a. Preliminary Design Phase $ 6,800 b. Final Design Phase 10,300 b. Bidding Phase 1,000 d. Construction Phase 2,025 Total Basic Services $ 20,125 C. Ineligible Services a. ROW Survey (hourly,not to exceed) $ 1,500 TOTAL ENGINEERING COSTS, ALL PHASES _$282,267 PAGE 2 V. FUNDING SOURCES The funding for this Project comes from several different sources, with federal funding for Phase I and II available at different times during the life of the Project. The city will be required to pay certain costs initially, with reimbursement from the FAA dependent on the progress of the Project. The following analysis is Phase I and II costs to be funded by the City initially, with federal funding, both for reimbursement and future outlays, listed by phase. A. City Funded Prior To Grant Offer 1. Phase I Basic Services $ 92,000 2. Phase II Basic Services 18,100 3. Ineligible Services 1,500 4. Phase I Additional Services 60,300 TOTAL CITY FUNDING PRIOR TO GRANT OFFER 5171,900 B. Funding After Phase I Grant Offer (Estimated 6-7-93) 1. FAA Share (Reimbursement of 90% eligible and construction phase costs - Phase I) 5234.578 2. City Share a. 10% of Eligible Phase I Costs $ 26,064 b. 100% of Phase II Basic Services 18,100 c. Ineligible Costs 1,500 TOTAL CITY SHARE AFTER FIRST GRANT OFFER $ 45,664 C. Funding After Phase II Grant Offer (Estimated 1-1-94) 1. FAA Share (Reimbursement of 90% eligible Phase II Costs) 5252,690 2. City Share a. 10% of eligible Phase I and II Costs $ 28,077 b. Ineligible Costs 1,500 TOTAL CITY SHARE AFTER SECOND GRANT OFFER 29.577 In summary, although the City will initially be required to fund $171,900 in engineering costs, after receipt of all grants, the City's share of engineering costs will total $29,577. PAGE 3 CITY OF LA PORTE AIRPORT FUND SUMMARY WORKING CAPITAL 9/30/91 $ 370,904 PLUS ESTIMATED 1991-92 REVENUES 32,063 LESS ESTIMATED 1991-92 EXPENSES 34,815 ESTIMATED WORKING CAPITAL 9/30/92 $ 368,152 PLUS REVENUES: RENTAL INCOME $ 17,500 INTEREST INCOME 18,500 TOTAL REVENUES 36,000 TOTAL RESOURCES $ 404,152 LESS EXPENSES: AIRPORT OPERATION $ 20,049 CONTINGENCY 50,000 TOTAL EXPENSES 70,049 ESTIMATED WORKING CAPITAL 9/30/93 $ 334,103 ENGINEERING SERVICES AGREEMENT STATE OF TEXAS } COUNTY OF HARRIS } This AGREEMENT, for Professional Engineering Services ismade on the date signed by and between the City of La Porte, Texas, hereinafter call the "City", party of the first part, and Carter & Burgess, Inc., Houston, Texas, hereinafter called the "Engineer", party of the second part. The initial addresses of the parties, which one party may change by giving notice to the respective other party, are as follows: City of La Porte Engineers City of La Porte Carter & Burgess, Inc. 604 W. Fairmont Parkway 55 Waugh Drive, Suite 300 La Porte, Texas 77572 Houston, Texas 77007 Attn: Mr. Robert T. Herrera Attn: Mr. Roy G. Hearnsberger, P. E. City Manager Senior Vice President WITNESSETH That in consideration of the mutual covenants and agreements herein contained, the parties hereto mutually agree as follows: ARTICLE I - SERVICES The City hereby employs the Engineer and the Engineer hereby agrees to perform the professional services hereinafter set out in this contract as an independent contractor in connection with Airport Improvements at La Porte Municipal Airport. SECTION 1 The services to be performed by Engineer for this Project shall include necessary design and engineering work in connection with the following improvements: Item 1. Acquire Property and Runway Protection Zone Easements a. 10 acres fee simple acquisition. b. Runway Protection Zone Avigation Easements at the ends of the existing runways per the current Airport Master Plan. C. Future street right-of-way. Item 2. Construct Runway/Taxiway Extensions and Overlay Existing Runways and Taxiways a. Extend Runway 12-30 220 feet north, with displaced threshold. b. Extend Runway 12-30 600 feet south, with displaced threshold. C. Extend Taxiway "A" 200 feet north. d. Extend Taxiway "A" 600 feet south. e. Overlay existing Runway 12-30. f. Overlay existing Taxiway "A". g. Overlay existing Runway 5-23. h. Overlay existing Taxiway "B". Engineering Services Agreement - Page 2 Item 3. Construct Medium Intensity Runway and Taxiway Lighting a. Extend MIRL 200 feet north on Runway 12-30. b. Extend MITI, 200 feet north on Taxiway 12-30. C. Extend lighting 600 feet south on Runway 12-30. d. Extend MiTL 600 feet south on Taxiway 12-30. e. Relocate existing threshold lights on Runway 12-30. f. Remove existing overhead power lines on southern end of Runway 12-30 and relocate underground for obstruction removal. g. Beacon. h. Lighted wind cone. Item 4. Construct Localizer/DME and install AWOS System The extent of the Project will be in general compliance with final FAA allocations with a construction budget of approximately $1,774,000.00. SECTION 2 A. Basic Services The Basic Services in this Contract are divided into three distinct phases; Phase I - Preliminary Design; Phase II - Final Design; Phase Ili - Construction. The Engineer shall perform the services required for each Phase of this Contract only upon receipt of written notice of acceptance of the preceding Phase and written authorization by the Director of Public Works to commence Engineer's performance of services for that specific Phase and that adequate funds have been allocated for that Phase. The Engineer understands and acknowledges that the City may determine not to proceed with this Contract after completion of the Engineer's services for either Phase I - Preliminary Design or Phase 11 - Final Design. In such event, the City Manager shall provide the Engineer with a written notice of his intent to terminate this Contract as provided in Article XI. The Engineer agrees to perform the services set forth below for each applicable Phase authorized by the Director of Public Works. in addition, the Engineer agrees to perform such specific tasks as are set forth in Section I. Provided, however, in the event of an inconsistency between the terms of this Section and the terms of Section I, the terms of Section i shall control. (a) Phase I - Preliminary Design. The Engineer shall submit to the Director of Public Works within five (5) days of the Notice to Proceed with Phase 1, the Project Schedule Chart reflecting firm dates for the beginning and end of each activity set forth therein and the review dates for such activities. The Engineer shall prepare for approval by the Director of Public Works the preliminary engineering studies, and designs for the Project. Such studies and designs shall consist of preliminary layouts, sketches, recommended final design criteria, outline specifications, reports and cost estimates. The report shall be prepared in sufficient detail so as to (i) clearly indicate anticipated problems; (ii) recommend the alternate solutions to the problems; (iii) identify the possible "alternate" bid items for the Project recommended by the Engineer and the Director of Public Works; and (iv) show recommended subdivision into separate contracts, if any. The parties understand that the Engineer shall be responsible for coordinating all the Documents. The Engineer shall submit six (6) copies of the preliminary design and outline specification documents to the Director of Public Works. The Engineer shall attend preliminary conferences regarding the Project with officials from local, state and federal agencies, utility companies and other entities and prepare meeting notes from such conferences. (b) Phase II - Final Design. Based upon approved preliminary design documents and any further adjustments in the scope or quality of the Project authorized by the Director of Public Works, the Engineer shall perform the following Phase II services upon receipt of written notice to proceed signed by the Director. • • Engineering Services Agreement - Page 3 (].) Submit to the Director within rive (5) days of the notice to proceed with Phase II, the Project Schedule Chart updated to reflect firm dates for the beginning and end of each activity set forth therein and the review dates for such activities. (2) Prepare detailed "Construction Quality Control Program," (which includes a listing of the types and numbers of quality control tests required by the specifications during construction), construction drawings, specifications, instructions to bidders, bidders proposal form, general provisions, and special provisions based on the guidelines provided by the Director of Public Works. The construction drawings and specifications shall set forth recommended alternate bid items for the Project in a manner that permits ready evaluation and comparison. (3) Inform the Director of Public Works of any adjustments to previous estimates of the Project construction cost which are indicated by market conditions or authorized changes in the scope and requirements of the Project. The Engineer cannot and does not guarantee that bids will not vary from the estimate. (4) Prepare the required documents to obtain approval of all governmental authorities having jurisdiction over the design and/or operation of the Project and all public and private utilities including pipeline transmission companies affected by the Project; obtain the signatures of representatives of such governmental authorities and public utilities. (5) Design the Project in compliance with the requirements of all applicable FAA Advisory Circulars, laws, codes and regulations, including the City of La Porte Building Code (which is expressly made applicable to this Project); make all revisions to the plans, specifications and other contract documents necessary to provide clarifications or to correct discrepancies; provide the Director of Public Works with documents necessary for obtaining a building permit for the Project. The plans and specifications shall conform to all applicable federal and state regulations. (6) Deliver to the Director of Public Works at the 507o, 2Q%, and 1007o completion stages of Phase II a detailed cost estimate and six (6) copies of all the reports, recommendations, analyses, specifications, plans and drawings (including working drawings). The plans and specifications shall conform to the Federal Aviation Administration Standards and Requirements. (7) When requested and authorized by the Director of Public Works, assist with Contractor Pre - Qualification; assist the City in securing bids for the construction of the Project based upon the construction documents; attend prebid conferences; prepare minutes from the prebid conference; assist the City in evaluating the bid proposals; and provide a written recommendation for the award of a construction contract for the Project; (8) Prepare all required addenda to revise the plans, specifications and other contract documents in order to (i) provide clarifications; (ii) correct discrepancies; (iii) correct errors and/or omissions; or (iv) reflect changes in design requirements and/or field conditions. (c) Phase III - Construction. Upon receipt of written notice to proceed, signed by the Director of Public Works, the Engineer shall provide professional services during construction to assist in obtaining a complete Project in accordance with the purpose and intent of the contract documents. Phase III services shall include, but not be limited to, the following: (1) Participate in pre -construction conferences, prepare preconstruction meeting minutes, and assist as may be required with the preparations of a contract between the City and the successful bidder; 0 0 Engineering Services Agreement - Page 4 (2) Maintain adequate staff to make periodic visits (a minimum of two per month) to the construction site to observe and familiarize themselves generally with the progress and quality of the work and to determine if the work is generally proceeding in accordance with the contract documents and the contractor's construction schedule. The Engineer shall make periodic written reports to the Director of Public Works to advise him of any deviation from the contract documents or the contractor's construction schedule observed by or brought to the attention of the Engineer. Such reports shall be submitted in a timely manner so as not to cause delay in the progress of the work. In performing these services, the personnel provided by the Engineer shall be under the supervision of a registered professional engineer. The Engineer shall provide personnel experienced in the ad►ninistration of construction contracts. Supporting personnel shall be provided from the project design team when specialized knowledge of the Project design is required. On the basis of its on -site observations, the Engineer shall keep the City informed as to the progress and quality of work and shall endeavor to protect the City against defects and deficiencies in the work of the construction contractors, but the Engineer shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures or for the safety precautions and programs in connection with the Project construction, for the acts or omissions of the contractor, subcontractors, any of their agents or the subcontractor's employees, or any other person performing any of the work or for the failure of such persons to carry out the work in accordance with the contract documents; provided however, that the Engineer shall not be relieved from its obligation to notify the Director of Public Works of any such act, omission or failure on the part of the construction contractor observed by the Engineer during on -site visits; (3) Review and approve or take other appropriate action upon the shop drawings, samples, and other submissions furnished by the contractor and submitted to the Engineer. The Engineer shall determine if the shop drawings, samples and other submissions conform to the Design concept of the Project and the requirements of the contract documents. The Engineer shall notify the Director of Public Works if the shop drawings, samples or other submissions do not conform to the design concept of the Project. Such action(s) shall be taken with reasonable promptness so that the progress of the construction of the Project will not be delayed. The Engineer shall maintain a log of all Contractor submittals which shall include the submittal date, the action taken and the date returned; (4) Prepare supporting data and provide other services (including revisions to drawings, specifications and other documents) in connection with change orders when such change orders are required either (a) to make clarifications or to correct discrepancies, errors or omissions in the drawings, specifications, or other contract documents, or (b) to conform the drawings, specifications or other contract documents to the requirements of all applicable laws, codes and regulations, including the City of La Porte Building Code (which is expressly made applicable to the Project); (5) Review laboratory, shop and mill tests of material and equipment and report to the Director of Public Works in writing on such matter; (6) Provide design clarifications and recommendations to assist the City in resolving field problems relating to the construction; (7) Evaluate contractor change and cost proposals and substitutions and recommend to the City to either approve or disapprove the contractor's proposal or substitution; (8) Review progress payments to the contractor and recommend payments by the City. Engineering Services Agreement - Page 5 (9) Perform, together with the City's representatives, inspections of the construction site to determine the dates of substantial and final completion of the work. The Engineer shall make a recommendation to the Director of Public Works as to the proper date for the issuance of the final certificate of payment; (10) No less than 30 days and no more than 45 days before the expiration of the guarantee period established by the construction contract documents, the Engineer, in company with the Director of Public Works, shall inspect the construction site. Within fourteen days after such inspection the Engineer shall furnish the Director of Public Works with a written report enumerating items which require repair of replacement as provided under the guarantee and warranty provisions of the contract documents; (11) Provide one reproducible mylar set of "as -built" record prints of drawings, which shall become the property of the City corrected by "clouding" to show significant changes made in the work during the construction of the Project. Such corrections shall be based upon "as -built" prints, drawings, field sketches, final quantities and other data furnished to the Engineer by the City and the contractor, upon change orders issued during construction and upon the on -site observations of the )engineer. Provide Project Documents in AutoCAD Release 12. B. Special Services The Engineer shall perform the Special Services specified below if and when the Director of Public Works authorizes such services, describing the scope and cost of the work in writing; (a) Provide survey for As-Builts. (b) Make revisions to drawings, specifications, or other documents when such revisions are inconsistent with approvals or instructions previously given by the Director of Public Works and are not included in Section 2A. (b)(5) or 2A. (c)(4); (c) Assist the City in making arrangements for the work to proceed in the event that the construction contractor is declared in default by the City for any reason; (d) Assist the City as expert witnesses and/or factual witnesses in any legal proceedings or litigation arising from the development, permitting or construction of the Project. The witness shall be designated by and at the sole discretion of the City Attorney; (e) Perform or obtain the services of a Registered Professional Land Surveyor subcontractor to perform topographic surveys and associated office work under the direction of a Registered Professional Land Surveyor. Deliver to the City xerox copies of field notes and a diskette of the survey data; (f) Perform or obtain services of Registered Professional Land Surveyor to perform boundary surveys associated with acquisition of fee title, as well as avigation easements. , ., Engineering Services Agreement - Page 6 (g) Perform or obtain services of Registered Professional Land Surveyor to perform surveys related to road alignment. (h) Prepare supporting data and other services in connection with change orders, other than those change orders and related services included in Section 2.A. (c)(4); (i) Travel with prior approval of the Director of Public Works for Engineer personnel assigned to the Project, if such travel is reasonably necessary to accomplish a task under this Contract. Travel costs shall include common carrier economy fares (or equivalent), ground transportation expenses, and for overnight trips, the costs of lodging and meals. Travel to and from the jobsite will not be charged; (j) Prepare special studies and reports, such as NPDES Construction Permit (including representation and testimony at hearings and community meetings), grants application, etc. Obtain the Environmental Protection Agency's construction permit on behalf of the City. This does not include retention basins, if required; (k) Perform, or obtain the services of a subcontractor to perform, subsurface investigations, including performance of test borings, soil samples, and other foundation investigations, laboratory analyses of the samples, and engineering analyses. The Engineer or the subcontractor shall prepare a detailed report of all findings, including pavement load analysis, and the Engineer shall deliver to the Director of Public Works six (6) bound copies of the report; (1) Reproduce plans specifications, reports and other materials, other than those reproductions included in the Basic Services and excluding reproductions for the office use of the Engineer and the Engineer's consultants; (m) Provide, in the event of termination pursuant to Article XI, such services as are reasonable and necessary for preserving partially finished work products for the recording of work products in a particular manner (including the making of record prints of drawings, etc.); (n) Assist the City in securing any special licenses or permits which may be required for the completion of the Project, it being understood by the parties that the fees for said special licenses and permits will be paid by the City; (o) Provide, in the event the Project construction exceeds the time stated in the Project contract documents by more than 30 days, the continuing services required to be done by the Engineer during construction of the Project; (p) Provide the services of an independent testing laboratory to perform testing of materials during the construction phase of the project. The subcontractor shall prepare detailed reports on all tests performed and submit three (3) copies of each to the Engineer for distribution to FAA and the City; (q) Services of Resident Project Representatives: The Engineer will furnish the services of Resident Project Representatives, and other Geld personnel for on -site observation of construction and verification of construction layout. Tile authority and duties of such resident Project Representatives are limited to examining the materials furnished and observing the work done, and to reporting their findings to the Engineer. The Engineer will use the usual degree of care and prudent judgement in the selection of competent Project Representatives, and the Engineer will use diligence to see that the Project Representatives are on the job to perform their required duties. It is agreed, however, that the Engineer does not underwrite, guarantee or insure the work done by the contractors, and, since it is the contractor's responsibility to perform the work in accordance with the Contract Documents, the Engineer Engineering Services Agreement - Page 7 is not responsible or liable for the contractor's failure to do so, and so long as the Engineer has exercised the usual degree of care and prudent judgment in selecting the Project Representatives and has used diligence to see that they are on the job to perform the work, failure by any Project Representatives or other personnel engaged in on -site observation to discover defects or deficiencies in the work of the contractors shall never relieve the contractors for liability for any such defect or deficiencies; and (r) Update the Airport Layout Plan to reflect the new work. SECTION 3 UNITS OF WORK It is understood that the improvements covered by this Agreement except for the Localizer will be bid and constructed in one unit of work (set of plans, specifications, and contract documents). ARTICLE 11 - COMPENSATION For engineering services performed hereunder, (lie City agrees to pay the Engineer the sums listed below for the listed items of work and improvements. 1. Basic Services as identified in Section 2.A.: a) Phase I i) Preliminary Engineer's Report $ 7,500.00 ii) Preliminary Design $ 28,750.00 iii) Preliminary Phase for Localizer $ 6,800.00 b) Phase II - i) Final Design $ 51,850.00 ii) Final Design for Localizer $ 10,300.00 iii) Bidding Phase $ 3,900.00 c) Phase III - Construction i) Construction Phase $ 11,650.00 ii) Bid Phase for Localizer $ 1,000.00 iii) Construction Phase for Localizer $ 2,025.00 The City shall make partial payment of the fees on the basis of monthly invoices submitted by the Engineer and approved by the Director of Public Works. Tile invoices must show the following: (i) the percentage of the total services completed in the applicable Phase in the preceding month; (ii) a summary of the services performed during the period covered by the invoice; and (iii) the amount due for such services. The amount of partial payment due for services performed during each Phase shall be a percentage of the lump sum fee equal to the percentage of services performed for the respective phase during the period covered by the invoice. After the Engineer has completed the performance of all the required services for each Phase, the City shall pay the Engineer the total amount owed for the Phase less any amounts theretofore paid pursuant to the monthly invoices. All invoices for the Basic Services are subject to approval by the Director of Public Works and are due and payable on or about thirty (30) days after receipt and approval by the Director of Public Works. All payments shall be made by check. Such checks shall be made payable to the Engineer and payments shall be addressed to the Engineer at its address specified herein for notices. The City agrees that it will not unreasonably delay or withhold payment or approval of any invoice; however, the Director of Public Works shall approve in whole or in part or disapprove Engineer's invoices within 15 days after receipt by the City. Neither partial payments made hereunder not approval of invoices or services by the Director of Public Works shall be construed as Final acceptance or approval of that part of the Engineer's services to which such partial payment or approval relates nor shall such payments be construed as relieving the Engineer of any of its obligations T i 9 Engineering Services Agreement - Page 8 hereunder with respect thereto. No interest will accrue on payments made within 60 days after the last day on which payment was to be received. Commencing thereafter, interest will accrue at the rate of 6% per annum, compounded monthly. 2. Special Services per Section 2.C. will be accomplished only upon authorization by the City. Compensation for each special service shall be as identified below based upon hourly rates in attached Rate Schedule and Fee Calculations contained in Exhibit "D" except item (n) which will be a Lump Sum fee. For services performed which the Engineer subcontracts to a subcontractor, the City shall pay Subcontract Cost plus 10% of Subcontract Cost. (a) For the Special Service set forth in Section 2.13(a), the City shall pay the Engineer for employees time based upon hourly rates in attached Rate Schedule, not to exceed $3,656.00 without authorization; (b) For the Special Service set forth in Section 2.13(b), the City shall pay the Engineer for employees time based upon hourly rates in attached Rate Schedule (None Anticipated); (c) For the Special Service set forth in Section 2.13(c), the City shall pay the Engineer for employees time based upon hourly rates in attached Rate Schedule (None Anticipated); (d) For the Special Service set forth in Section 2.B(d), rendered by Engineer and its employees as consultants or witnesses in any litigation hearing or proceeding, the rate of $800 will be paid for each day or any portio❑ thereof, but compensation for time spent in preparing to appear in such litigation, hearing or proceeding will be based upon hourly rates in attached Rate Schedule (None Anticipated); (e) For the Special Services set forth in Section 2.13(e), the City shall pay the Engineer for employees time based upon hourly rates in attached Rate Schedule with an estimated fee not to exceed $23,500.00 without authorization; (1) For the Special Services set forth in Section 2.13(f), the City shall pay the Engineer for employees time based upon hourly rates in attached Rate Schedule with an estimated fee not to exceed $13,300.00 without authorization; (g) For the Special Services set forth in Section 2.13(g), the City shall pay the Engineer for employees time based upon hourly rates in attached Rate Schedule with an estimated fee not to exceed $1,500.00 without authorization; (h) For the Special Services set forth in Section 2.13(h), the City shall pay a lump sum fee of $500.00; (i) For the Special Services set forth in Section 2.13(i), the City shall pay actual costs fee not to exceed $500.00; (j) For the Special Services set forth in Section 2.136), the City shall pay lump sum for NPDES Construction Permit of $3,500.00; (k) For the Special Services set forth in Section 2.B(k), the City shall pay a lump sum fee of $20,000.00; (1) For the Special Services set forth in Section 2.13(1), the City shall pay the Engineer actual costs (None Anticipated); Engineering Services Agreement - Page 9 (m) For the Special Services set forth in Section 2.13(m), the City shall pay the Engineer for a lump sum fee of $1,000.00; (n) For the Special Services set forth in Section 2.13(n), the City shall pay the Engineer based on hourly rates on the attached Rate Schedule (None Anticipated); (o) For the Special Services set forth in Section 2.13(o), the City shall pay the Engineer based on hourly rates on the attached Rate Schedule (None Anticipated); (p) For the Special Services set forth in Section 2.13(p), the City shall pay the Engineer at cost plus 1% with estimated fee of $32,500.00, not to be exceeded without written authorization; (q) For the Special Services set forth in Section 2.13(q), the City shall pay the Engineer for employees time based upon hourly rates in the attached Rate Schedule not to exceed $58,536.00 without authorization; and (r) For the Special Services set for thin Section 2.13(r), the City shall pay the Engineer a lump sum fee of $2,000.00. ARTICLE III - PHASE AND SCHEDULES The work covered by this Agreement shall be completed according to the following schedule: 1. The Engineer shall begin work on this contract as soon as Notice to Proceed is received from the City. 2. The Engineer shall complete the required preliminary design phase services within 30 calendar days and the required final design phase services within 30 calendar days after receiving the notice to proceed for each phase, exclusive of review time, providing that there are no delays beyond the Engineer's control. Construction phase services shall be provided during the period of the construction contracts. ARTICLE IV - CONDITIONS FOR SERVICES The Engineer agrees that during the performance of this contract, he will comply with the requirements of Exhibit "A", "Contractor Contractual Requirements" and Exhibit "B", Disadvantaged Business Enterprise Assurances. ARTICLE V - OWNERSHIP OF DOCUMENTS Original documents, plans, designs, survey notes, specifications, charts, computations and other data prepared under the terms of the Agreement are instruments of service and shall remain the property of the Engineer. Upon completion of the Project, reproducible copies of the drawings, modified to show the as built conditions, shall be furnished to the City and will become [lie property of the City. The Airport Layout Plan is specifically excluded from the above. The City shall have the right to use the Airport Layout Plan without restriction. Documents, including plans and specifications, are not intended or represented to be suitable for reuse by the City or others on extensions of the Project or on any other project. Any reuse without written verification or adaption by the Engineer for the specific purpose intended will be at the City's sole risk and without liability or legal exposure to the Engineer. Engineering Services Agreement - Page'10 ARTICLE VI - INSURANCE The Engineer shall procure and maintain insurance for protection from claims under workman's compensation acts, claims for damages because of bodily injury including personal injury, sickness or disease or death of any and all employees or of any person other than such employees, and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom. ARTICLE V11 - COORDINATION WITH THE CITY The City shall make available to the Engineer for use in the study all existing plans, maps, and other data in its possession relative to existing facilities and to the project. ARTICLE VIII - ACCESS TO RECORDS The City, the Federal Aviation Administration, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the Engineer which are directly pertinent to this project for the purpose of making audit, examination, excerpts, and transcriptions. ARTICLE IX - PROGRESS REPORT The Engineer shall submit monthly progress reports to the City as may be required to show progress of the work. ARTICLE X - SUCCESSORS AND ASSIGNS The City and the Engineer each binds himself and his successors, executors, administrators and assigns to the other party of this Agreement and to the successors, executors, administrators and assigns of such other party, in respect to all covenants of this Agreement. Except as above, neither the City nor the Engineer shall assign, sublet or transfer this interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a part thereto. ARTICLE XI - TERMINATION OF CONTRACT Either party to this Agreement may terminate the Agreement by giving to the other ten (10) days notice in writing. Upon delivery of such notice by the City to the Engineer, and upon expiration of the ten-day period, the Engineer shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders or contracts are chargeable to this Agreement. As soon as practicable after receipt of notice of termination, the Engineer shall submit a statement, showing in detail their services performed under this Agreement to the date of termination. The City shall then pay the Engineer promptly that proportion of the prescribed charges which the services actually performed under this Agreement relates to the total services called for under this Agreement, less such payments on account of the charges as have been previously made. Copies of all completed or partially completed plans, specifications, and data prepared under this Agreement shall be delivered to the City, prior to payment of proportional charges, when and if this Agreement is terminated. Engineering Services Agreement - Page 11 ARTICLE XIII - EXCLUDED SERVICES Services specifically excluded under this Agreement shall include: 1. Trench safety system design. ARTICLE XIV - VENUE The following Exhibits are attached to and made a part of this Agreement. 1. Exhibit "A", "Contractor Contractual Requirements", consisting of two (2) pages. 2. Exhibit "B", 'Disadvantaged Business Enterprise Assurance", consisting of one (1) page. 3. Exhibit "C", "Schedule of Billing Rates for Special Services" and "Fee Calculations", consisting of seven (7) pages. 5. Exhibit "D", "Construction Materials Quality Control Program", consisting of one (1) page. This Agreement together with the Exhibits and Schedules identified above constitute the entire Agreement between City and the Engineer and supersede all prior written or oral understandings. This Agreement and said Exhibits and Schedules may only be amended, supplemented, modified or canceled by a duly executed written instrument. IN WITNESS WHEREOF, the parties have executed this Agreement on this date, the day of . 1993. ATTEST; By: _ CITY OF LA PORTE CARTER & BURGESS, INC. Rcfy G. Hearnsberge Senior Vice Presider :�.' f`6• 0 • EXHIBIT A CONTRACTOR CONTRACTUAL REQUIREMENTS TITLE VI ASSURANCES During the performance of this contract, the contractor, for himself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations. The contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in appendix B of the Regulations. 3. Solicitations for Subcontractors, Including Procurements of Materials and Equipment- In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color, or national origin. 4. Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertai❑ compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: complies, and/or (a) withholding of payments to the contractor under the contract until the contractor (b) cancellation, termination, or suspension of the contract, in whole or in part. G. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. -I- 9 • DISADVANTAGED BUSINESS ENTERPRISE (DBE) ASSURANCES 1. Policy. It is the policy of the Department of Transportation (DOT) that minority business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts Financed in whole in or part with Federal funds under this agreement. Consequently, the DBE requirements of 49 CFR Part 23 apply to this agreement. 2. DBE Obligation. The contractor agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT -assisted contracts. -2- EXHIBIT B DISADVANTAGED BUSINESS ENTERPRISE ASSURANCE POLICY It is the policy of the Department of Transportation that disadvantaged business enterprises as defined in 49 CRF Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this Agreement. Consequently, the DBE requirements of 49 CRF Part 23 apply to this Agreement. DBE OBLIGATION Tile recipient or its contractors agrees to ensure that disadvantaged business enterprises as defined in 49 CRF Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this Agreement. In this regard, contractors shall take all necessary and reasonable steps in accordance with 49 CRF Part 23 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT -assisted contracts. Section 23.43(c) requires sponsors to advise each contractor and subcontractor who performs on an FAA -assisted project that failure to carry out the above requirements shall constitute a breach of contract. The following clause may be used for this purpose: All bidders, potential contractors, or subcontractors for this DOT -assisted contractor are hereby notified that failure to carry out (lie DOT policy and the DBE obligation, as set forth above, shall constitute a breach of contract which may result in termination of the contract or such other remedy as deemed appropriate by the recipient and the FAA. EXHIBIT C BILLING RATES FOR SPECIAL SERVICES CLASSIFICATION Design/Construction Principal Design/Construction Project Manager Senior Engineer Survey Project Manager Senior Designer Party Chief Inspector Chief Drafter Technician Senior Drafter Clerical/Word Processor Drafter Instrument Man Rodman RATE - Effective 01/01/93 through O1/O1/94 $125.00 $ 90.00 $ 78.00 $ 75.00 $ 67.00 $ 58.00 $ 56.00 $ 56.00 $ 52.00 $ 52.00 $ 34.00 $ 42.00 $ 29.00 $ 19.00 EXHIBIT D CONSTRUCTION MATERIALS QUALITY CONTROL PROGRAM a. The Consultant shall prepare a "Construction Materials Quality Control Plan" to be submitted to the Federal Aviation Administration (FAA) for approval at the time of final plans and specification submittal. At a minimum, the plan shall list all materials to be tested during construction, the appropriate time for testing, the ASTM test designation, name by which the test is commonly referred, and the frequency of testing required. The plan will be reviewed by the FAA project manager and must be approved along with the final plans and specifications for construction. b. The Consultant shall prepare a "Construction Materials Quality Control Summary" to be submitted weekly/monthly to the FAA. At a minimum, the summary shall include a list of all tests performed showing the date, location, pass or fail, results of retests, and whether or not the test is eligible or ineligible under the A.I.P. program. The Summary will include a certification that all testing was completed in accordance with the "Construction Materials Quality Control Plan". C. The Consultant shall prepare a summary of materials not passing and the penalty called for by the specifications. This summary shall be submitted to the FAA monthly and will indicate when and to what extent penalties are imposed. The penalties assessed will be itemized in the following pay request to the FAA. RESOLUTION 93-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, AUTHORIZING EXECUTION OF AN INTERLOCAL INVESTMENT AGREEMENT FOR PARTICIPATION IN THE LONE STAR INVESTMENT POOL. WHEREAS, the City of La Porte, Texas is a political subdivision of the State of Texas (the "Participant") and is empowered to\delegate to a public funds investment pool the authority to invest funds, to act as a custodian of investments purchased with local investment funds; and WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Government Code (formerly Article 4413(32c), Vernon's Texas Civil Statutes, as amended), and Article 4413(34c), Vernon's Texas Civil Statutes, as amended (collectively, the "Act"), permit any "local government" to contract with one or more other "local governments" to perform "governmental functions and services," including investment of public funds through "public funds investment pools" (as such phrases are defined in the Act); WHEREAS, the Act authorizes the contracting parties to any interlocal agreement to contract with agencies of the State of Texas, within the meaning of Chapter 771 of the Government Code. WHEREAS, the Act permits the contracting parties to any interlocal agreement to create an administrative agency to supervise the performance of such interlocal agreement and to employ personnel and engage in other administrative activities and provide other administrative services necessary to execute the terms of such interlocal agreement; WHEREAS, the City of La Porte (the "Government Entity") is a local government or an agency of the State of Texas within the meaning of the Act and desires to enter into that certain Interlocal Investment Agreement (the "Agreement"), a copy of which is presented with this Resolution and is incorporated herein by reference, and become a participant in a public funds investment pool created thereunder and known as the Lone Star Investment Pool (the "Pool") sponsored by the Texas Association of School Boards ("TASB"); WHEREAS, the Government Entity desires to designate the Pool as its agency and instrumentality with authority, through its Board of Trustees (the "Board"), to supervise performance of the Agreement, employ personnel and engage in other administrative activities and provide other administrative services necessary to execute the terms of the Agreement; WHEREAS, each capitalized term used in this Resolution and not otherwise defined has the same meaning assigned to it in the Agreement; NOW, THEREFORE, BE IT RESOLVED: 1. The Agreement is hereby approved and adopted and, upon execution thereof by an Authorized Representative (defined below) and receipt of the Government Entity's application to join the Pool by the Administrator, the Government Entity shall become a Participant in the Pool for the purpose of investing its available funds therein from time to time in accordance with its terms. - 2. The Pool is hereby designated as an agency and instrumentality of the Government Entity, the Board is hereby designated as the governing body of the "Pool and the Pool, through the Board, shall have the authority to supervise performance of the Agreement, employ personnel and engage in other administrative activities and provide other administrative services necessary to execute the terms of the Agreement. 3. The investment policies of the Pool, as set forth in the Statement of Investment Policy, as summarized in the Information Statement, and as may be amended from time to time by the Board, are hereby adopted as investment policies of the Government Entity with respect to money invested in the Pool, and any existing investment policies of the Government Entity in conflict therewith shall not apply to investments in the Pool. 4. The following officers, officials or employees of the Government Entity are hereby designated as "Authorized Representatives," within the meaning of the Agreement, with full power and authority to: execute the Agreement, an application to join the Pool and any other documents required to become a Participant; deposit money to and withdraw money from the Government Entity's Pool account from time to time in accordance with the Agreement and the Information Statement; and take all other actions deemed necessary or appropriate for the investment of funds of the Government Entity: Name Jeff Litchfield Signature Title Director of Finance �D Name Linda Stubbs Signature Title Finance Officer Name Rick Overgaard Signature Title Cash Manager In accordance with Pool procedures, an Authorized Representative shall promptly notify the Pool of any changes in who is serving as Authorized Representatives. 5. In addition to the foregoing Authorized Representatives, each Investment Officer of the Pool appointed by the Board from time to time is hereby designated as an investment officer of the Government Entity and, as such, shall have responsibility for investing the share of Pool assets representing funds of the Government Entity. This resolution is hereby introduced and adopted by the Participant at its regular meeting held on the 1st day of March, 1993. City of La Porte By Norman Ma one, ayor ATTEST: &Uom City Secretary AP ED: LiC/ , r City Attorney 0 Form II Interlocal Investment Agreement THIS INTERLOCAL INVESTMENT AGREEMENT (together with any amendments and supplements, referred to as this "Agreement") is made and entered into by and among each of those local governments initially executing this Agreement and any other local government that becomes a party hereto (collectively, the "Participants") . WHEREAS, the Interlocal Cooperation Act, Article 4413(32c), Vernon's Texas Civil Statutes, as amended, and Article 4413 (34c), Vemon'sTexas Civil Statutes, as amended (collectively, the "Act'), permit any "local government" to contract with one or more other "local governments" to perform "governmental functions and services," including investment of public funds through "public funds investment pools" (as such phrases are defined in the Act); WHEREAS, the Act permits the contracting parties to any interlocal agreement to create an administrative agency to supervise the perfonnance of such interlocal agreement and to employ personnel and engage in other administrative activities and provide other administrative services necessary to execute the terns of such interlocal agreement; WHEREAS, each of the Participants is a local government under the Act; WHEREAS, the Participants desire to establish and maintain a public funds investment pool as their agency and instrumentality pursuant to the Act for the purpose of pooling their local funds for joint investment in accordance with the Act and the terms hereof; WHEREAS, the Participants desire that the Pool be managed and operated in a manner consistent with the _.. management and operation of theTexas School Cash Management Program adopted by the Texas Association of School Boards: WHEREAS, each of the Participants has duly taken all official action necessan, and appropriate to become a party to this Agreement, including the adoption of a resolution; NOW,THEREFORE, in consideration of the premises and the mutual covenants and agreements contained herein, the Participants mutually agree as follows: ARTICLE I Definitions and Rules of Construction Section 1.01. Definitions. Except as otherwise provided in this :agreement. the capitalized terns used herein shall have the following meanings unless the context otherwise requires: Account - anv account established by a Participant and representing an undivided beneficial interest of such Participant in the Pool. Act - the Interlocal Cooperation Act, Article 4413(32c). Vernon's Texas Civil Statutes. and Article 4413(34c), Vernon's Texas Civil Statutes, as the same may be amended troni time to time. Additional Party Agreement - a document which, when attached to a copy of this Agreement and executed by an Authorized Representative of a Local Government, constitutes a valid and binding counterpart of this Agreement by which such Local Government becomes a Participant, substantially in the form attached hereto as an Appendix. �4R0 ; * 7 * Administrator- the Texas Association of School Boards, Inc., aTexas nonprofit corporation, or any other person, firm or organization approved by the Board and under contract with the Pool to provide administrative assistance in connection with the management and operation of the Pool. Adviser- the registered investment adviser or advisers selected by or at the direction of the Board to provide advice regarding investment of Pool assets pursuant to this Agreement and subject to applicable law. Authorized Investments - those investments which are authorized from time to time to be purchased, sold and invested in under the Investment Act. Authorized Representative - an individual authorized to execute documents and take other necessary actions, pursuant to this Agreement, on behalf of a Local Government or other person, firm or organization, as evidenced by a duly adopted resolution or bylaw of the governing body of such Local Government or other person, firm or organization, a certified copy of which is on file with the Administrator. In the case of a Local Government that is a combination of political subdivisions under the Act, the Authorized Representatives of any administrative agency appointed by such combination of political subdivisions shall be deemed to be Authorized Representatives for such Local Government. Board - the governing body of the Pool, known as its Board of Trustees. Bylaws - the bylaws of the Pool, as the same may be amended from time to time, subject to the requirements of this Agreement. Custodian - the person selected by or at the direction of the Board to have custody of all money, investments and other assets of the Pool pursuant to this Agreement and subject to applicable law. Endorser - any person, firm or organization recognized by the Board as an endorser or sponsor of the Pool. Information Statement - the information statement or any other document distributed to Participants and potential Participants to provide them with a description of the management and operation of the Pool, as the same may be amended from time to time, subject to the requirements of this Agreement. InvestmentAct- the Public Funds InvestmentAct, Article 842a-2, Vernon's Texas Civil Statutes, as the same may be amended from time to time. Investment Consultant- the person selected by or at the direction of the Board to provide advice regarding (1) the selection of the Adviser and the Custodian, (2) the terms of the Statement of Investment Policy, and (3) the performance of the Pool. Investment Officer- one or more officers or employees of the Pool designated as investment officers by the Board. Local Government- a school district; county; home rule city or city, village or town organized under the general laws of the State; special district; junior college district, any other legally constituted political subdivision of the State; a combination of political subdivisions (including a combination of political subdivisions by means of an interlocal agreement governed by the Act); or any other entity that may be included in the definition of "local government' in the Act. Participants - the Local Governments that are the initial parties to this Agreement and the Local Governments which subsequently become parties to this Agreement. Pool - the public funds investment pool created pursuant to this Agreement and known as the "Lone Star Investment Pool." * 8 * ;o to Program - the Texas School Cash Management Program sponsored by the Texas Association of School Boards. Sponsor - the Texas Association of School Boards, a Texas nonprofit association, acting by and through its duly appointed and acting agents and trustees that administer the Program. State - the State of Texas. Statement of Investment Policy- the written Statement of Investment Policy adopted and approved by the Board governing investment and management of Pool assets, as the same may be amended from time to time, subject to the requirements of this Agreement. 1.02 General Rules of Construction. (a) Whenever in this Agreement the context requires: (1) a reference to the singular number shall include the plural and vice versa; and (2) a word denoting gender shall be construed to include the masculine, feminine and neuter. (b) The titles given to any article or section of this Agreement are for convenience only and are not intended to modify the article or section. ARTICLE II Creation of Pool; Purpose and Objective Section 2.01. Creation of the Pool as an Agency. (a) The initial Participants hereby create and establish, and all subsequent Participants hereby agree to and accept the creation of, a public funds investment pool as their agency and instrumentality pursuant to the Act, known as the "Lone Star Investment Pool" (the "Pool"). (b) The Pool shall hold legal title to and manage all money, investments and other assets transferred to or acquired by the Pool pursuant to the Act and this Agreement. (c) As an agency and instrumentality of the Participants, the Pool shall have the authority, through its Board, to employ personnel, engage in other administrative activities and provide other administrative services necessary to accomplish the purpose of this Agreement. Section 2.02. Purpose and Objective. (a) The purpose of the Pool is to provide Local Governments with an investment vehicle for local funds not required to be spent immediately and available for investment in securities with maturities and returns generally greater than those for money market instruments. The general objective of the Pool shall be to provide Participants with the highest possible rate of return for such funds, while maintaining safety of principal and providing Participants with the ability to withdraw money from their respective Accounts not less frequently than once per month. (b) In order to accomplish the Pool's objective, each Participant agrees that the money tr arrsfer red to the Pool will be commingled with money transferred to the Pool by other Participants for the purpose of making authorized investments, subject to the terms of this Agreement and the requirements of the Statement of Invest- ment Policy and applicable law, thereby taking advantage of investment opportunities and cost benefits available to larger investors. 4� a � ARTICLE III Pool Administration Section 3.01. The Board and the Bylaws (a) The business and affairs of the Pool shall be managed by the Board as governing body of the Pool and as part of Program. The Board is hereby authorized and directed to adoptand maintain Bylaws that are consistent with the bylaws of the Program (the "Program Bylaws'), except with respect to any provision of the Program Bylaws which, if adopted as part of the Bylaws, would adversely affect the legal status of the Pool. (b) The Bylaws shall set forth, among other things, the procedures governing the selection of, and action taken by, the members of the Board, provided that each voting member of the Board shall be required to be an employee or elected official of a Participant. The Participants shall be subject to the terms of the Bylaws. Section 3.02. Powers and Duties of the Board. (a) Subject to applicable law and the terms of this Agreement, the Board shall have full and complete power to take all actions, do all things and execute all instruments as it deems necessary or desirable in order to carry out, promote or advance the investment objective, interests and purposes of the Pool to the same extent as if the Board was the sole and absolute owner of the Pool. (b) The Board shall adopt and maintain a Statement of Investment Policy, consistent with the general objective of the Pool, which shall provide more detailed guidelines for investment and management of Pool assets. The Board shall, subject to the terms of this Agreement, have the authority to amend any tern or provision of the Statement of Investment Policy, provided that notice is sent to each Participant at least 60 days prior to the effective date of any change which, in the opinion of the Board, will have a material effect on the Participants' investment in the Pool. (c) The Board shall designate one or more Investment Officers for the Pool who shall be responsible for the investment of Pool assets, provided that no person who is an officer or emplo}-ee of a regional planning commission, council of governments or similar regional planning agency created pursuant to Chapter 391 of the Local Government Code of the State shall be eligible to serve as an Investment Officer. (d) The Board shall prepare, or direct the preparation of, an Information Statement that describes how the Pool will operate in accordance with the terns of this Agreement and the Statement of Investment Policy. Subject to the terms of this Agreement and the Statement of Investment Policy, the Information Statement may be amended or supplemented, provided that notice is sent to each Participant at least 60 days prior to the effective date of any change described in such amendment or supplement which, in the opinion of the Board, will have a material effect on.the Participant's investment in the Pool. (e) The Board shall, subject to the limitations established in the Statement of Investment Policy, have full and complete power and authorityto appoint, or direct the appointment of, the following: a Custodian; one or more Advisers; an Investment Consultant; lawyers; accountants; and anyother service providers deemed necessary or helpful'in the operation of the Pool. (f) The Board shall have full and complete power to use, or direct the use of, Pool assets for the following purposes: (1) incur and pay any expenses which, in its opinion, are necessary or incidental to or proper for carrying out any of the purposes of this Agreement; (2) reimburse others for the payment thereof; (3) pay appropriate compensation or fees to persons with whom the Pool has contracted or transacted business; provided, however, the aggregate amount of the foregoing fees and expenses shall be subject to and governed by any restrictions thereon established by the Board; and (4) charge a Participant's Account for any special fees or expenses related specifically to transactions in such Account. * 10 * • (g) The Board shall cause financial statements to be prepared and maintained for the Pool and for such statements to be audited annually by an independent certified public accounting firm. (h) By agreement, the Board may appoint the Administrator to perform administrative services for the Pool, provided that the Board shall continue to oversee the operation and management of the Pool and shall have the authority to direct the Administrator to take or not take specific action on behalf of the Pool. (i) The enumeration of any specific power or authority herein shall notbe construed as limiting the general power and authority of the Board over the Pool. Section 3.03. liability. (a) Neither the Board, the Sponsor, the Investment Officers, the Administrator, any Endorser, nor any officers, trustees, employees or board members of any of the foregoing shall be held liable for any action or omission to act on behalf of the Pool or the Participants unless caused by willful misconduct. (b) The Pool shall indemnify and hold harmless (either directly or through insurance) any person referred to in subsection (a) of this Section, to the extent permitted by law, for any and all litigation, claims or other proceedings, including but not limited to reasonable attorney fees, costs, judgments, settlement payments and penalties arising out of the management and operation of the Pool, unless the litigation, claim or other proceeding resulted from the willful misconduct of such person. ARTICLE IV Participation in the Pool Section 4.01. Interlocal Investment Agreement. In order for a Local Government to become a Participant and transfer money into the Pool, each of the following conditions must be satisfied: (a) The Local Government (including an "administrative agency" acting on behalf of a "combination of political subdivisions" within the meaning of the Act) must adopt a resolution (1) authorizing it to become a Partici- pant and approving this Agreement, (2) establishing the Pool as an agency and instrumentality of thePartici- pant, (3) designating the Board as the governing body of the Pool, (4) approving the investment policies of the Pool (as amended from time to time by the Board) and directing that any conflicting local investment policies shall not apply to Pool investments of the Participant, (5) designating Authorized Representatives of the Participant, and (6) designating the Investment Officers appointed from time to time by the Board as the Participant's investment officers who shall be responsible for investing the share of Pool assets representing local funds of the Participant; and (b) The Local Government (including an "administration agency" acting on behalf of a "combination of political subdivisions" within the meaning of the Act) must become a party to this Agreement by executing an Ad- ditional Party Agreement and delivering the same to the Pool, together with a certified copy of the resolution referred to in subsection (a) of this Section, an application in form and substance satisfactory to the Board and such other information as may be required by the Board. Section 4.02. Participant Accounts. (a) While available local funds of Participants maybe commingled for purposes of common investment and operational efficiency, one or more separate Accounts for each Participant in the Pool will be established and maintained by the Pool in accordance with the Participant's application to join the Pool. (b) Each Participant shall own an undivided beneficial interest in the Pool's assets which shall consist of the proportional amount that each Account of such Participant bears to the total amount of all Participants' Accounts. (c) Unique identifying information shall be assigned with respect to each Account. The Participant hereby agrees that such identifying information shall be required to implement any deposit to or withdrawal from the Participant's Account. The confidentiality of such identifying information shall be maintained by the Pool. Section 4.03 Information Statement. (a) The Information Statement shall, among other things, describe in detail the procedures required to effect deposits to and withdrawals from the Pool. (b) Each Participant agrees to and accepts all of the provisions of the Information Statement, as in effect on the date it enters into this Agreement and as the same may be amended from time to time. Section 4.04 Reports. The Pool shall submit a written report at least once per month to each Participant. Such report will indicate: (1) the balance in each Account of a Participant as of the date of such report, (2) yield information, and (3) all account activity since the previous report. ARTICLE V Pool Assets Section 5.01. Pool Investments. Pool assets shall be invested and reinvested by the Pool only in Authorized Investments in accordance with the Statement of Investment Policy. Section 5.02. Custody. All money, investments and assets of the Pool shall be held in the possession of the Custodian. Section 5.03. Pool Valuation and Allocation to Participants. Total assets of the Pool, including investment earnings thereon, will be valued and allocated to Participants' Accounts on a pro rata allocation basis as further described in the Information Statement. ARTICLE VI Miscellaneous Section 6.01. Severability. (a) If any provision of this Agreement shall be held or deemed to be illegal, inoperative or unenforceable, the same shall not affect any other provisions contained herein or render the same invalid, inoperative or unenforceable to any extent whatsoever. (b) Any participation in this Agreement or transfer of assets to the Pool that is not qualified for any reason shall not terminate this Agreement or the participation of other Participants or otherwise adversely affect the Pool. Section 6.02. limitation of Rights. This Agreement does not create any right, title or interest for any person other than the Participants and any person who has a contract to provide services to the Pool, and nothing in or to be implied from this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under this Agreement. * 12 * • 0 Section 6.03. Execution of Counterparts. This Agreement may be executed in several separate counterparts, including by Additional Party Agreement, each of which shall be an original and all of which shall constitute one and the same instrument. Section 6.04. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State. Section 6.05. Termination. (a) A Participant may terminate itself as a party to this Agreement, with or without cause, by providing written notice to the Pool at least 60 days prior to such termination. (b) Upon the vote of a majority of its full membership, the Board may order the termination of this Agreement by directing that all outstanding operating expenses of the Pool be paid and remaining assets of the Pool be distributed to Participants in accordance with their respective pro rata interests. Section 6.06. Term. This Agreement shall have an initial term beginning with the effective date set forth below and ending September 1,1992 and shall be automatically renewed for one year on such date and each anniversary of such date, except with respect to any Local Government that may have terminated itself as a Participant or as otherwise directed by the Board. Section 6.07. Fiscal Year. The fiscal year for the Pool shall be set forth in the Bylaws. Section 6.08. Notices. Any notices or other information required or permitted to be given hereunder shall be sent (a) to the Pool as set forth in the Information Statement, and (b) to a Participant as set forth in its application to become a Participant or as otherwise provided by written notice to the Administrator. Section 6.09. Entire Agreement: Amendments. This Agreement represents the entire agreement and understanding of the Participants. This Agreement may be amended with the approval of a majority of the full membership of the Board, provided that notice of any such amendment is sent to all Participants at least 60 days prior to the effective date thereof. IN WITNESS WHEREOF the initial parties hereto have caused this Agreement to be executed as of the respective dates set forth below, to become effective of the latest such date. Houston Independent School District By: /s/Leonard Sturm 7/11/91 Deputy Superintendent of Finance Humble Independent School District By: /s/ Michael Novack 7/9/91 Business Manager Lewisville Independent School District By: /s/ Tom J. Zimmerer 7/8/91 Asst. Superintendent for Business San Antonio Independent School District By: /s/ Victor Rodriguez 7/22/91 Superintendent * 13 * APPENDIX TO INTERLOCAL INVESTMENT AGREEMENT Additional Party Agreement The Government Entity of the State of Texas named below, acting by and through the undersigned Authorized Representative, hereby agrees to become a party to that certain Interlocal Investment Agreement to which this page is attached, and thereby become a Participant in the Lone Star Investment Pool, subject to all of the terms and provisions of such Agreement. The undersigned hereby represents that it is a Government Entity within the meaning of the Information Statement relating to the Lone Star Investment Pool and thereby deemed to be included in the term "Local Government' as used in such Agreement. Executed this 2nd day of March 19 93 City of La Porte Name of Government Entity r� By: ature of Authorized Representative Jeff Litchfield, Director of Finance Printed Name and Title * 14 * O G REQULS_I' FOR _CITY COUNCIL AGENDA ITEM Agenda Date Requested: March 1. 1993__ Requested By: Stan Sherwood Department: Parks & Rec. XXX Report Resolution Exhibits: Memorandum from Buyer. (February 1.8, 1993) Sealed Bid 10522 Bid Tabulation Sheet SUMMARY_& RECOMMENDATION Ordinance The volume of membership sales and daily users at La Porte's Recreation and Fitness Center has created the need for additional cardiovascular and weight lifting equipment. Advertised, sealed bids f0522 for fatness equipment were opened and read on February 15, 1993. invitations for bidding this equipment were mailed to nineteen (19) vendors with eleven (11) vendors responding. Two vendors, Health Dine of Costa Mesa, California and Baden Industries of Houston, Texas submitted bids that met our specification package. Two other_ vendors, Pro -Maxima of Itouston and Fitness Warehouse, -Inc. of Houston submitted bids proposed as equal to our specifications. Upon visiting with these two vendors, staff determined that these bids did not meet specifications and that for the purposes of customer convenience, equipment maintenance, and aesthetics; it would be prudent to purchase the same makes and models of equipment we currently provide for our members. After discussion with and input from Recreation and Fitness Center members, we decided to enhance our weight room facility with a "Smith Machine" and a "Weight Assisted Chin -Up Machine". This equipment will. be a nice addition to the R.F.C. and should increase our membership sales. Staff recommends that the bid be awarded to Haden Industries, Inc., low bid meeting specifications in the amount of Nineteen Thousand Six Hundred Fourteen Dollars ($19,614.00). Funding is available within the budgeted contingency account for the Recreation and Fitness Center. Action Required by Council: Approval of Haden Industries, Inc., low bid meeting specifications for fitness equipment (sealed bid #0522) in the amount of Nineteen Thousand Six Hundred Fourteen Dollars ($19,614.00) Availability of Funds: General Fund Water/Wastewater XX Capital Improvement General Revenue Sharing Other Account Number:034-800-520-780 Funds Available, XX YES NO Approved for City Council Agenda T, Robert T. Herrera City Manager a`zLA_C,3 Date a 0 • CITY OF LA PORTE INTER -OFFICE MEMORANDUM FEBRUARY 18, 1993 TO: STAN SHERWOOD, PARKS & �RjjECREATION DIRECTOR FROM: SUSAN KELLEY, BUYER SUBJECT: SEALED BID #0522 - FITNESS EQUIPMENT Advertised, sealed bids #0522 - fitness equipment were opened and read on February 15, 1993. Bid requests were mailed to nineteen (19) vendors with eleven (11) returning bids. Copies of the bids are attached for your review. ' Please submit your recommendation with an agenda request form by the prescribed time before the next regular council meeting. If there is a need to delay bringing this bid before council, please notify me. Attachment: Bid Copies Bid Tabulation Bid List xc: Tim O'Connor, Recreation Superintendent BID TABULATION FITNESS EQUIPMENT HADEN IND MED/FIT MAJOR FIT FUTURFIT STAIRMASTER UNISEN, INC OUINTON BADGER DESCRIPTION PROMAXW141 FITNESS WH HEALTH —LINE �1—STATIO61ARY BIKE (1) $1Am.00 $1,071.00 $1,345.00 $1,13600 $1,495A0 $1,495.00 $1,349.00 NO BID NO BID NO BID NO BID 2. STAIR CLIMBERS (2) $2,395.0D $2jMjDD $2,40D00 $2,166.00 $2,375.00 $2,3950 $2095.00 320.00 52,0 NO BID NO BID NO BID TREADMILLS (2) $2,89500 $4A 00 $5,14800 $4,85000 $4,295.00 $4,295.00 $5,10000 NO BID $4,49500 $5050.00 NO BID SMITH MACHINE (1) $1,045.00 $1,35900 $2,6500D $2,383.00 $1,495.00 $289G0O $2r595.00 NO BID NO BID NO BID $2,387.60 5. WEIGHTASSISTED $1 A9500 $1,249.00 $2,575.00 $2,195.00 NO BID NO BID NO BID $2,35500 NO BID NO BID NO BID CHIN—UP MACHINE FFEIG "Woo $497.94 TOTAL $14,715.00 $16,76700 $21,486.00 $19,74600 $16,33000 $17,765 00 $18,000 00 $B,995 00 $9,49000 $12,397 94 $2,387J30 ALL OR NONE" BIDS $21 .68 $19 1400 E • REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: March 1, 1993 Requested By: Stan Sherwood Department: Parks & Rec. XXX Report Resolution Ordinance Exhibits: Memorandum from Purchasing Department SUMMARY & RECOMMENDATION Advertised, sealed bids 10526 for athletic field light fixtures and lamps were opened and read on February 22, 1993. Invitations for bidding were mailed to eight (8) vendors with six (6) vendors responding. The fixtures will provide lighting for one baseball field at Fairmont Park and two soccer fields at Northwest Park. Low bid was submitted by Wholesale Electric Supply in the amount of Eleven Thousand Three Hundred Fifteen Dollars and Twenty -Four Cents ($11,315.24). Staff recommends that the bid be awarded to Wholesale Electric Supply. Action Required by Council: Approval of Wholesale Electric Supply's bid for athletic field light fixtures and lamps in the amount of $11,315.24. Availability of Funds: General Fund Water/Wastewater XX Capital Improvement General Revenue Sharing Other Account Number:015-675-520-100 Funds Available: XX YES NO Approved for City Council Agenda Robert T. Herrera Date City Manager CITY OF LA PORTE INTER -OFFICE MEMORANDUM FEBRUARY 23, 1993 TO: STAN SHERWOOD, PARKS & RECREATION DIRECTOR FROM: SUSAN KELLEY, BUYER zezzizor SUBJECT: SEALED BID #0526 - BALL FIELD FIXTURES & LAMPS Advertised, sealed bids #0526 - ball field fixtures and lamps were opened and read on February 22, 1993. Bid requests were mailed to eight (8) vendors with six (6) returning bids. Apparent low bid was submitted by Wholesale Electric Supply Co. for a total cost of $11,315.24. Attached are copies of the bid for your review. Please submit your recommendation with an agenda request form by the prescribed time before the next regular council meeting. If there is a need to delay bringing this bid before council, please notify me. Attachment: Bid Copies Bid Tabulation Bid List xc: Bert Clark, Parks Superintendent r BID TABULATION - BALL FIELD FIXTURES & LAMPS WHOLESALE TURTLE & GULF COAST DEALERS DESCRIPTION ELECTRIC HUGHES, INC ELECTRIC ELECTRICAL A.C.C. BAY ELECTRIC ITEM #1 - FIXTURES 1A. 240 VOLT (32) $176.80 $161.45 $161.00 $198.90 $172.22 1B. 480 VOLT (30) $176.80 $161.45 $161.00 $198.90 $172.22 TOTAL ITEM #1 $10,961.60 $8,944.12 $10,009.90 $9,982.00 $12,331.80 $10,677.64 Bid w/lamps Bid w/lamps ITEM #2 - LAMPS (74) $29.47 $30.20 $37.32 $30.00 $43.16 TOTAL ITEM #2 $353.64 $2,761.68 $2,234.80 $2,761.68 $720.00 $3,193.84 If vendor bid fixtures w/lamps qty is (12) GRAND TOTAL $11,315.24 $11,705.80 $12,244.70 $12,743.68 $13,051.80 $13,871.48 11 • BIDDER'S LIST SEALED BID ## 0526 - BALL FIELD FIXTURES & LAMPS BAY ELECTRIC SUPPLY P.O. BOX 38 LEAGUE CITY, TX 77574 332-3466 ATTN: PAUL SLATER A.C.0 INC. P. 0. BOX 262323 HOUSTON, TX 77207-2323 943-3199 ATTN: CLAUDIA WEST DEALERS ELECTRICAL SUPPLY P.O. BOX 12669 HOUSTON, TX 77217-2669 944-3098 SEALED BID ENCLOSED GRAYBAR ELECTRIC COMPANY P.O. BOX 2157 HOUSTON, TX 77252 224-6831 GULF COAST ELECTRIC P.O. BOX 207 HOUSTON, TX 77001-0207 222-9086 ATTN: BOBBY HERMIS TURTLE & HUGHES, INC. P.O. BOX 9588 HOUSTON, TX 77011 923-9004 ATTN: JOE PARKER WHOLESALE ELECTRIC 718 GEORGIA DEER PARK, TX 77536 479-6055 ATTN: JAY ROYER WINN-LANGE ELECTRIC 2228 WIRTCREST, SUITE G HOUSTON, TX 77055 688-1512 ATTN: VIC HIGHTOWER ATTN: SCOTT SMITH REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: March 1. 1993 Requested By: Stan Sherwood Department: Parks & Rec. XXX Report Resolution Ordinance Exhibits: Memorandum from Purchasing Department SUMMARY & RECOMMENDATION Advertised, sealed bids #0532 for electrical materials needed for athletic field lighting were opened and read on February 22, 1993. Invitations for bidding were mailed to eight (8) electrical suppliers with seven (7) suppliers responding with bids. The athletic field lighting will consist of three systems; one baseball field at Fairmont Park and two soccer fields at Northwest Park. Low bid was submitted by Gulf Coast Electric Supply in the amount of Six Thousand Eight Hundred Twenty -Seven Dollars and Seventy -Four Cents ($6,827.74). Staff recommends that the bid be awarded to Gulf Coast Electric Supply. Action Required by Council: Approval of Gulf Coast Electric Supply's bid for electrical materials needed for athletic field lighting in the amount of $6,827.74. Availability of Funds: General Fund Water/Wastewater XX Capital Improvement General Revenue Sharing Other Account Number:015-676-520-100 Funds Available: XX YES NO Approved for City Council Agenda T-, 4t,,� � - 2g - 9 3 Robert T. Herrera Date City Manager C CITY OF LA PORTE INTER -OFFICE MEMORANDUM FEBRUARY 23, 1993 TO: STAN SHERWOOD, PARKS & RECREATION DIRECTOR FROM: SUSAN KELLEY, BUYER lzvkz,J SUBJECT: SEALED BID #0532 - ELECTRICAL SUPPLIES Advertised, sealed bids #0532 - electrical supplies were opened and read on February 22, 1993. Bid requests were mailed to eight (8) vendors with seven (7) returning bids. Attached are copies of the bid for your review. Please submit your recommendation with an agenda request form by the prescribed time before the next regular council meeting. If there is a need to delay bringing this bid before council, please notify me. Attachment: Bid Copies Bid Tabulation Bid List xc: Bert Clark, Parks Superintendent BID TABULATION - ELECTRICAL SUPPLIES GULF COAST TRI CITY WHOLESALE AUCOIN & DEALERS DESCRIPTION ELECTRIC SUPPLY, INC ELECTRIC HILLER A.C.C. BAY ELECTRIC ELECTRIC ELECTRICAL SUPPLIES $6,827.74 $6,938.11 $7,230.37 $7,322.50 $7,649.47 $7,922.48 $8,431.53 0 • BIDDERS'S LIST SEALED BID ##0532 - ELECTRICAL SUPPLIES Bay Electric Supply P. 0. Box 38 League City, TX 77574-0038 332-3466 Attn: Pam Slater A.C.C. P.O. Box 262323 Houston, TX 77207-2323 943-3199 Attn: Claudia West Dealers Electric Supply P.O. Box 12669 Houston, TX 77217-2669 944-3098 Sealed Bid Enclosed Wholesale Electric Supply P.O. Box 1913 Deer Park, TX 77536 479-6055 Attn: Jay Royer Aucoin & Miller Electric Supply P. 0. Box 886 Deer Park, TX 77536 479-4242 Attn: Ted Bauinger Tri-City Electric Supply 1101 N. Main Baytown, TX 77520 422-0222 Attn: Glen Hogan Gulf Coast Electric Supply P. 0. Box 207 Houston, TX 77001-0207 222-9086 Attn: Bobby Hermis Winn -Lange Electric Inc. 2228 Wirtcrest Suite G Houston, TX .77055 688-1512 Attn: Scott Smith 0