HomeMy WebLinkAbout1994-04-25 Regular Meeting• •
AGENDA
REGULAR MEETING OF LA PORTE CITY COUNCIL TO BE HELD APRIL 25, 1994,
IN THE COUNCIL CHAMBERS OF THE CITY HALL, 604 WEST FAIRMONT
PARKWAY, LA PORTE, TEXAS, BEGINNING AT 6:00 P.M.
Next Ord. 94-1979
Next Res. 94-04
1. CALL TO ORDER
2. INVOCATION BY COUNCILPERSON ALTON PORTER
3. CONSIDER APPROVING MINUTES OF REGULAR MEETING APRIL 11, 1994
4. PETITIONS, REMONSTRANCES, COMMUNICATIONS AND CITIZENS AND TAX
PAYERS WISHING TO ADDRESS COUNCIL
5. CONSIDER AN ORDINANCE AMENDING ORDINANCE NO. 94-1970, AN
ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE
CITY OF LA PORTE AND THE LA PORTE LIVESTOCK SHOW AND RODEO
ASSOCIATION, REGARDING THE USE OF THE LA PORTE LIVESTOCK/RODEO
ARENA (Ord. 94-1970-A) - (Tabled by Councilperson Jack Maxwell
at the Regular Council Meeting April 11, 1994, per the request
of Councilperson Alton Porter)
6. CONSIDER APPROVING AN ORDINANCE DECLARING URETEK USA THE SOLE
SOURCE AND AUTHORIZE THE CITY MANAGER TO ENTER INTO AN ANNUAL
AGREEMENT WITH URETEK USA FOR STREET REPAIR (Ord. 94-1979) -
S. Gillett
7. ADMINISTRATIVE REPORTS:
A. SYLVAN BEACH DAY
B. ANNUAL CITY PICNIC
8. COUNCIL ACTION
9. EXECUTIVE SESSION - V.A.T.S. - ARTICLE 6252-17, SECTION 2(E),
(F), (G), (R) - (LEGAL, LAND ACQUISITION, PERSONNEL, AND
CONFERENCE(S) WITH EMPLOYEE(S) TO RECEIVE INFORMATION
A. SECTION 2(E) - (LEGAL)
MEET WITH CITY ATTORNEY AND CITY MANAGER REGARDING
CONTRACTUAL MATTER(S)
B. SECTION 2(E) - (LEGAL)
MEET WITH CITY ATTORNEY REGARDING LAWSUIT(S)
10. ADJOURNMENT
If during the course of the meeting covered by this agenda the
Council should determine that a closed or executive meeting or
session of the Council should be held or is required in relation to
an item noticed in this agenda, then such closed or executive
meeting or session as authorized by TEX. REV. CIV. STAT. ANN. Art.
6252-17(a) (Open Meetings Act) will be held by the Council at that
date, hour and place given in the meeting notice or as soon after
the commencement of the meeting covered by the meeting notice as
the Council may conveniently meet in such closed or executive
meeting or session concerning any and all subjects and for any and
all purposes permitted by Section 2(c) through Section 2(r),
inclusive of said Open Meetings Law, including, but not limited to:
Section 2(d) - For the purpose of excluding witness or witnesses
from a hearing during examination of another
witness.
Section 2(e) - For the purpose of a private consultation with the
Council's attorney on any or all subjects or
matters authorized by law.
Section 2(f) - For the purpose of discussing the purchase,
exchange, lease or value of real property and
negotiated contracts for prospective gifts or
donations.
Section 2(g) - For the purpose of considering the appointment,
employment evaluation, reassignment, duties,
discipline or dismissal of a public officer or
employee or to hear complaints or charges against a
public officer or employee.
Section 2(j) - To consider the deployment, or specific occasions
for implementation, of security personnel or
devices.
Section 2(r) - For the purpose of conferring with an employee or
employees of the City, for the sole purpose of
receiving information from the employee or
_ employees or to ask questions of the employee or
employees; provided, however, that no discussion of
public business or City policy that affects public
business shall take place between the members of
the City Council during the conference.
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MINUTES OF THE REGULAR MEETING OF
LA PORTE CITY COUNCIL
APRIL 25, 1994
1.
2.
3.
The meeting was called to order by Mayor Norman Malone at 6:00
P.M.
Members of City Council Present: Mayor Norman Malone,
Councilpersons Guy Sutherland, Mike Cooper, Bob Thrower, Bob
McLaughlin, Alton Porter, Deotis Gay, Jack Maxwell and Jerry
Clarke
Members of Council Absent: None
Members of City Staff Present: City Manager Robert T.
Herrera, City Attorney Knox Askins, City Secretary Sue Lenes,
Assistant City Manager John Joerns, Director of Administrative
Services Louis Rigby, Chief of Police Bobby Powell, Director
of Public Works Steve Gillett, Secretary to the City Manager
Carol Buttler, Director of Parks and Recreation Buddy Jacobs
Others Present: La Porte Livestock Show and Rodeo Association
President Dee Williamson, a number of Association members, Kim
Dear, President La Porte FFA Association, and a number of La
Porte citizens.
The invocation was given by Councilperson Alton Porter.
Council considered approving minutes of Regular Meeting April
11, 1994.
Motion was made by Councilperson Cooper to approve the minutes
of April 11 as presented. Second by Councilperson McLaughlin.
The motion carried, 8 ayes, 0 nays and 1 abstain.
Ayes: Councilpersons Sutherland, Cooper, Thrower,
McLaughlin, Gay, Maxwell, Clarke and Mayor Malone
Nays: None
Abstain: Councilperson Porter
4. There were three citizens wishing to address Council.
Dee Williamson: Spoke in favor of approval of Ordinance 94-
1970-A, amending the agreement between La Porte Livestock Show
and Rodeo Association and the City of La Porte, which
addressed the use of the Arena. This ordinance was passed by
the City Council on March 28 by Ordinance 94-1970, and
included the verbiage "subject to the approval of the City
Manager or his designee". Ms. Williamson said this would
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Minutes Regular Meeting
La Porte City Council
April 25, 1994, Page 2
further restrict the days available to the Livestock and Rodeo
Association. Ms. Williamson asked that Council reconsider
their previous decision which contained this restrictive
sentence. She asked Council to consider approving the next
item on the agenda which is the approval of Ordinance 94-1970-
A. This item approves the original agreement and removes that
one restrictive sentence.
Spero S. Pomonis: Spoke in opposition to the proposed
Ordinance 94-1970-A which would delete the verbiage "subject
to the approval of the City Manager or his designee" from the
La Porte Livestock Show and Rodeo Association agreement
regarding the use of the Livestock/Rodeo Arena. Mr. Pomonis
asked the Council members to vote not to change the agreement
and to keep Ordinance 94-1970 in place which allows the City
Manager the option of negotiation for the dates requested by
the La Porte Livestock Show and Rodeo Association for their
use of the Arena.
David Dear: Spoke to Council reviewing the history and
background of a joint venture agreement between the City of La
Porte and the La Porte Livestock Show and Rodeo Association.
Mr. Dear stated the Association had agreed to contribute one
half of the funding with the City contributing half. This
agreement was contingent on the Livestock/Rodeo Association
being allowed 30 days lease for the facility at the
Association's discretion. Mr. Dear stated that six years ago
when the verbal agreement between the Association and the City
of La Porte was entered into it was based upon the City
allowing 30 days lease at the Association's discretion. He
further stated the Association had kept their agreement with
the City and was asking the City Council to let that original
verbal agreement remain and pass Ordinance 94-1970-A.
5. Council considered an ordinance amending Ordinance 94-1970, an
ordinance approving and authorizing an agreement between the
City of La Porte and the La Porte Livestock Show and Rodeo
Association, regarding the use of the La Porte Livestock/Rodeo
Arena. (Tabled by Councilperson Jack Maxwell at the Regular
Meeting of the City Council April 11, 1994)
Mayor Malone stated he would give each Councilperson the
opportunity to speak on this subject.
Councilperson Maxwell made a motion to bring Ordinance 94-
1970-A back to the table for consideration. Second by
Councilperson Cooper. The motion carried, 9 ayes and 0 nays.
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Minutes Regular Meeting
La Porte City Council
April 25, 1994, Page 3
Ayes: Councilpersons Sutherland, Cooper, Thrower,
McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor
Malone
Nays: None
Councilperson Sutherland: Stated he is for the original
agreement between the City and the Livestock/Rodeo
Association. He feels Council made a mistake when they
discussed the ordinance at a time the Association was having
their yearly event at the arena and were not at the meeting.
I voted to amend the ordinance thinking it would be all right,
but the Association does not see it that way. Since then I
have discussed it with the Association and agree with them
that we should go back to the original ordinance as negotiated
between the City Manager and the Livestock/Rodeo Association.
Councilperson Cooper: Stated he recommended we pass the
Ordinance for the agreement as it was originally stated. He
believes we made a mistake in amending the agreement. He
stated in the beginning we had an arena that belonged to the
City, but it did not have a cover and we would not have a
cover it were not for the Livestock/Rodeo Association. He
said he did not have a hard time giving them special
considerations and felt like they deserved those
considerations. He does not want any restrictions placed in
the agreement.
Councilperson Thrower: Said he had nothing further to say
other than repeating the things already said.
Councilperson McLaughlin: Stated it was hard for him to have
made his decision as he had hardly heard from any of the
members of the Livestock/Rodeo Association. He said he
doesn't know what is wrong with the one sentence as he has not
received a clear answer from anybody. He said he feels the
members of the Association are anticipating things which will
never happen. He stated, "The entire Council is behind the
Association 100, and that in years to come personnel will
change but who's to say if there will be problems arise."
Councilperson said he wants to stay with the original
ordinance.
Councilperson Porter: Thanked Council for putting the vote
off on Ordinance 94-1970-A per his request. He said due to
out of town commitments he was unable to attend the previous
council meeting. He said he doesn't like to re-vote an
ordinance two weeks after it was voted in. But if you make
mistakes you should have the opportunity to look at it again.
Councilman Porter said he had not seen the agreement until he
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Minutes Regular Meeting
La Porte City Council
April 25, 1994, Page 4
received his agenda package just prior to the first meeting
where the ordinance was discussed. He said when the arena
cover was first discussed in a budget hearing there was no
suggestion of any contribution by the Association, and it was
turned down with no consideration. After the Association
started making contributions they were there like clock work.
Without those contributions there would have been no
consideration of a cover, but the City participated and he
wants that to be foremost in your minds. Regarding the
clause, he would prefer to have it there so that the City
would have a recourse if any problems were to arise. He said
if a conflict should arise the City needs to have the
opportunity to look at the issue, and he will have to stay
with the original agreement as voted on a month ago with the
clause there to assure the City the ability to look at the
days requested. He stated, "Keep in mind the positive things
the City has done as we think of the positive things you have
done."
Councilperson Gay: Thanked everyone who came out tonight to
support the Livestock/Rodeo Association and for staying to
hear the discussion on the other subjects on tonight's agenda.
He said during the first six years when this subject of an
arena cover came up he was the first to squabble about it. He
felt the money could have been better spent on the North side
of the City, but as the Rodeo Association started the fifty -
fifty participation he was all for it and thinks it will be
positive over the years. Like all of the rest of the Council
if there are more days needed by the Livestock/Rodeo
Association he is all for giving those days. Councilman Gay
stated he is for the original ordinance.
Councilperson Maxwell: Said he wanted to straighten out a few
points as he had heard stories being told which are not true.
He said he was the one who asked to put the clause into the
agreement March 28th, and it was accepted that way by a
unanimous vote of the City Council. He said he advocates the
use of the arena by kids of this community, and he supports
any group that supports the kids of this community. He does
not feel that the little phrase in the agreement will bother
anybody down the line since the agreement is for 30 years. He
said he believes it is a "good and fair" contract. He said he
brought this subject up last March when the City started
discussing the cover on the arena. He feels it is a good
contract, and he will stay with it as it is now written with
the clause subject to the approval of the City Manager or his
designee.
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Minutes Regular Meeting
La Porte City Council
April 25, 1994, Page 5
Councilperson Clarke: Stated there was not a lot left to be
said. He has been following the talks for the last six years,
and it was his original conception there are many reasons we
went into a joint venture with the Association and finally to
appropriate the money to build it. He was under the
assumption we were doing this primarily so the Association
would have a place to meet, have their functions, and not have
to go to Pasadena. He still feels this arena was constructed
to house the various functions of the La Porte Livestock/Rodeo
Association. He said he had never heard of any plans for
other functions or rentals to use the arena. The plan was to
cover the Arena so the Rodeo and Livestock Show could function
under a cover during inclement weather. As far as he is
concerned this is still his belief, and he will have to
support the original contract.
Mayor Malone: Stated he agreed with what both Councilman Gay
and Porter said, and his concern is what will happen later if
the Association decides they need extra days for functions.
He asked the Association if they understood there would be a
charge for any additional days over the original 30 days if
they requested the use of the facility.
City Attorney read: ORDINANCE NO. 94-1970-A - AN ORDINANCE
AMENDING ORDINANCE NO. 94-1970, AN ORDINANCE APPROVING AND
AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE
LA PORTE LIVESTOCK SHOW AND RODEO ASSOCIATION, REGARDING THE
USE OF THE LA PORTE LIVESTOCK/RODEO ARENA; MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; CONTAINING A REPEALING
CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF.
City Attorney Askins stated for clarification, "This ordinance
will have attached to it as an exhibit, the original staff
version of the agreement before it was amended."
Motion was made by Councilperson Gay to approve Ordinance 94-
1970-A as read by the City Attorney. Second by Councilperson
Clarke. After clarification of the motion stating, "this is
a vote for the original agreement without any amendments and
deleting the clause subject to the approval of the City
Manager or his designee, " the motion carried, 6 ayes and 3
nays.
Ayes: Councilperson Sutherland, Cooper, Thrower, Gay,
Clarke and Mayor Malone
Nays: Councilpersons McLaughlin, Porter, Maxwell
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Minutes Regular Meeting
La Porte City Council
April 25, 1994, Page 6
6. Council considered approving an ordinance declaring Ureteck
USA the sole source and authorize the City Manager to enter
into an annual agreement with Uretek USA for street repair.
Director of Public Works Steve Gillett reviewed with Council
the process used by Uretek to repair the streets and
identified the two streets as Old Orchard from Piney Brook to
Valleybrook and West D Street between South 5th and South
6th.
City Attorney read: ORDINANCE NO. 94-1979 - AN ORDINANCE
APPROVING AND AUTHORIZING AN ANNUAL SERVICE AGREEMENT BETWEEN
THE CITY OF LA PORTE AND URETEK USA, INC., FOR STREET
REHABILITATION; APPROPRIATING NOT TO EXCEED $61,000.00 TO FUND
SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING
TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Clarke to approve Ordinance
94-1979 as read by the City Attorney. Second by Councilperson
Thrower. The motion carried, 9 ayes and 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Thrower,
McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor
Malone
Mayor Malone asked City Manager Robert T. Herrera to introduce
the new Ag Teacher, Mr. McKenzie. Mr. Herrera asked Mr.
McKenzie to introduce himself to the group.
Mr. Marty McKenzie introduced himself as the new Ag teacher at
La Porte High School and began teaching in January. He stated
he has fallen in with the Association and has received a lot
of support. He feels very fortunate for that support and looks
forward to being in this area for quite some time. Mr.
McKenzie identified himself as a graduate of Texas A. and M.
College.
7. Administrative Reports: City Manager Robert T. Herrera
reminded Council the Sylvan Beach Day is this weekend, and he
said Carol Buttler has sent correspondence to the City Council
informing them of what time things start. The second item was
to remind the City Council to please consider attending a May
21st City Picnic for the employees of the City of La Porte.
This also includes an invitation to your immediate family.
Mayor Malone stated, "Councilperson Porter has purchased the
candy for the parade, and Council members may pick up theirs
and pay Councilperson Porter $20.00."
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Minutes Regular Meeting
La Porte City Council
April 25, 1994, Page 7
8. Councilperson Sutherland, Cooper, Thrower, McLaughlin, Porter,
Gay, Maxwell, Clarke and Mayor Malone all brought items to
Council's attention.
9. Council adjourned into executive session at 6:54 P.M. to
discuss the following under V.A.T.S. - Article 6252-17, (A)
Section 2(E) - (Legal): Meet with City Attorney and City
Manager Regarding Contractual Matter(s); (B) Section 2(E) -
(Legal): Meet the City Attorney and City Manager regarding
contractual matter(s). The Council returned to the table at
8:12 P.M. and reconvened the meeting at 8:13 P.M., with no
action being taken in the executive session.
10. There being no further business to come before the Council,
the meeting adjourned at 8:14 P.M.
Respectfull submitted,
Sue Lenes, City Secretary
Passed and Approved this the 9th
day of May, 1994
No man L. Malone, Mayor
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ORDINANCE NO. 94-1970-A
AN ORDINANCE AMENDING ORDINANCE NO. 94-1970, AN ORDINANCE APPROVING
AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA FORTE AND THE
LA FORTE LIVESTOCK SHOW AND RODEO ASSOCIATION, REGARDING THE USE
OF THE LA FORTE LIVESTOCK/RODEO ARENA; HARING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SIIBJECT; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; CONTAINING A REPEALING CLAUSE; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA FORTE:
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.
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
ratifies, approves and confirms such written notice and the
contents and posting thereof.
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ORDINANCE NO. 94-1970-A
PAGE 2
Section 3. Ordinance No. 94-1970 is repealed.
Section 4. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 25th day of April, 1994.
CITY OF LA PORTE
Norman L. Mal ne,
Mayor
ATTEST:
Sue Lenes,
City Secretary
APPROVED:
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^! 1
Knox W. Askins,
City Attorney
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AGREEMENT BETWEEN THE CITY OF LA PORTE
AND THE LA PORTE LIVESTOCK SHOW AND
RODEO ASSOCIATION REGARDING THE USE
OF THE LA PORTE LIVESTOCK/RODEO ARENA
WHEREAS, the City of La Porte (the "City") is the owner and operator of the
La Porte Livestock/Rodeo Arena (the "Arena") as part of the parks and recreational facilities
of the community; and
WHEREAS, the City is constructing a structure to cover the existing Arena for
- yeaz round operations for the benefit of the citizens of La Porte; and
WHEREAS, the La Porte Livestock Show and Rodeo Association (the
"Association") has contributed funds in the amount of $ 40,000.00, which funds have been
matched by the City, toward the construction of the Arena; and
WHEREAS, the Association has agreed to continue contributing to the cost of
construction in the amount of $ 10,000.00, with matching funds from the City, per year until
the capital costs for the initial construction of the azena cover has been repaid; and
WHEREAS, the City wishes to recognize the funding that has been provided by
the Association;
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That in
consideration of the mutual covenants, agreements and benefits to both parties, it is agreed as
follows:
I.
The City will manage all operations, rentals, and reservation business regazding the Arena.
The City will assume responsibility for maintenance of all structures at the Arena. The
Association will be responsible for maintenance of all fencing and pens in the Arena area either
existing or in the future. All fencing and pens purchased by the Association remain the
property of the Association. The Association agrees to the use of the arena fencing and pens
by the general public during Open Use periods and by private parties using the Arena on a
rental basis. This use will be at no cost to the City. A deposit will be required of all rental
parties which will cover any damage to the facility or arena fencing. All revenue generated
by the rental of the facility will be used to offset the City's cost of operating and maintaining
the facilities. All excess revenues will remain property of the City.
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II.
In recognition of the Association's contribution to the construction of the covered facility, the
City will provide to the Association thirty (30) rental days at no charge per caiendar year.
These dates, booked by January 15th each year, will include no more than fifteen (15) of those
dates scheduled on Saturdays. The balance of free days may involve any day of the week
other than Saturday. Should the free dates not be booked by January 15th each year, the dates
will then be booked on a "First Come, First Served" basis. Should the Association wish to
utilize the Arena on dates other than the specified thirty days, they may do so at the daily rate
established for other rentals, provided no rental has been accepted for that date. The City
reserves the right to set dates for open use of the arena.
III.
The Association shall have the non-exclusive right to sell advertisements, with prior approval
of the City, within the confines of the Arena. All proceeds from such sales will belong to the
Association. All advertisements will be constructed in accordance with the standards
developed by the City and the Association regarding dimensions, materials and locations. The
City reserves the right to refuse advertisements which conflict with City policies. The City
reserves the right, at the City's sole discretion, to remove any advertisements that are not
adequately maintained or fail to meet the requirements of City ordinances and/or sign
regulations. The City's lessees, other than the Association, shall have the right to erect
temporary signs for their events which temporary signs shall not cover the Association's signs.
IV.
Permits for alcoholic beverage sales will be governed by applicable State law and prevailing
City ordinances. Alcohol sales and consumption will be confined to the area designated by the
City but to generally include only the Arena and the areas used for special functions held in
conjunction with the rental of the Arena. No alcoholic beverages will be permitted to be
carried out of that designated area. All applicable state and local regulations regarding the sale
and consumption of alcoholic beverages will be strictly observed.
V.
The Association agrees to fund, in whole, all construction, labor, and material costs for the
renovation of the existing arena fencing made or agreed to by the Association Board of
Directors. All construction performed by, or at the direction of the Association must be
approved by an authorized City representative prior to the start of construction. Any additions
or improvements made at the facility must be approved by the City and must meet all
applicable City codes and regulations. Any required construction permits must be obtained by
the Association prior to start of construction.
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VI.
Use of the facility by the public will be limited to those times designated as Open Use by the
City or when the facility is not being utilized by the Association, either on one of the above
authorized dates or by an authorized rental agreement, or by any rental party.
VII.
The Association shall indemnify and hold harmless the City, its officers, directors, agents, and
employees from and against any and all claims, damages, losses, expenses, and liabilities,
including attorney's fees which may be asserted against or incurred by the City arising, directly
or indirectly, from any activities conducted or services performed by the Association under this
agreement, or from any event occurring on the premises owned by the City during any period
in which activities are being performed, conducted, or sponsored on the premises by the
Association.
The City shall indemnify and hold harmless the Association, its officers, directors, agents, and
employees from and against any and all claims, damages, losses, expenses, and liabilities,
including attorney's fees which may be asserted against or incurred by the Association arising,
directly or indirectly from any activities conducted or services performed by the City under this
agreement, or from any event occurring on the premises owned by the City during any period
in which activities are being performed, conducted, or sponsored on the premises by the City.
VIII.
The Association shall keep and maintain during the term hereof, a comprehensive general
liability policy, with the City named as an additional named insured, with limits of liability of
not less than five hundred thousand dollars ($500,000.00) combined single limit bodily injury
and property damage per occurrence. The Association shall furnish the City with a certificate
of insurance evidencing such coverage. Such insurance shall include contractual liability
insuring the indemnity agreements contained herein.
IX.
This instrument contains the entire agreement between the parties relating to the rights herein
granted and the obligations herein assumed. Any representations or modifications concerning
this agreement shall be of no force or effect excepting a subsequent modification in writing
signed by all parties hereto.
X.
This agreement will be in force for a period of thirty (30) years. The Association agrees to
pay to the City an annual amount of ten thousand dollars ($10,000.00), payable on or before
the 31st day of October, until all capital costs of the construction are retired. By agreement
of both parties, this agreement may be extended for the necessary period of time to fund any
future construction or renovation at the arena site. If the Association is late with a payment,
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the City will give written notice of default and allow the Association thirty (30) days to make
restitution. Should the Association fail to make restitution this agreemer_t will be null and
void. Ownership of the arena fencing and pens will remain with the Association.
IN TESTIMONY WHEREOF, this instrument has been executed in duplicate counterparts,
each to have the effect of an original as follows:
(A) It has been executed on behalf of the City on the ~v -~ day of
r ' ( 1994, by its City Manager and attested by its City Secretary,
put uant to an Ordinance of the City Council of the City of La Porte,
authorizing such execution; and
(B) It has been executed on behalf of the Association on the a/~~ day of
` 1994, by its President and attested by its Secretary, pursuant
to a thorization from the Board of Directors of the La Porte Livestock Show
and Rodeo Association, authorizing such execution.
CITY OF LA PORTE
ATTEST:
Sue Lenes, City Secretary
ATTEST:
c~ // ~ \
a ~ .(~i1~n~a.r o~-~~,~.~ ~t~~C~i~.a~,
By: Qo~x,.~ T, ~
Robert T. Herrera, City Manager
LA PORTE LIVESTOCK SHOW
AND RODEO ASSOCIATION
~. ~
By: ~~
Dee Williamson, President
Donna Lynn V~illiamson, Secretary
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RE ~' T FOR CITY COUNCIL AGEND TEM
Agenda Date Requested: April 25, 1994
~.
Requested By: S. Gillett ~ Department: Public Works
Report Resolution XXXX Ordinance
Exhibits: Ordinance No 94-1979
Project Report
Patent Certification
Proposed contract with Uretek USA
SUMMARY & RECOMMENDATION
The 1993-94 Budget identified the repair of two (2) concrete streets - Old
Orchard from Piney Brook to Valleybrook and West D Street between S.5th and
S. 6th. The City has received a proposal from Uretek USA for an annual
contract for the pressure injection of high-density polyurethane beneath
the streets to underseal and raise to original grade (see attached report).
The Uretek process is one that was successfully used to correct drainage
problems on Copeland Drive in early 1993. The City proposes to use this
process to repair the above referenced streets, as well as other, small
section of concrete pavement in need of leveling. Uretek USA has quoted a
price of Five Dollars per Pound ($5.00/lb) to perform the repair, at a cost
not to exceed $61,000, which is the same unit price previously approved by
Council on November 16, 1992 for the Copeland Project. This is less than
other recent prices for other governmental units (Houston - $7.50/lb;
Metro, Pearland and Alvin - $5.50/lb; and Harris County Precinct 3 -
$5.71/lb). The estimated cost (contracted) to remove and replace the two
streets with concrete curb and gutter would exceed $300,000, and take an
estimated four (4) months.
The proposed contract with Uretek USA requires the approval of Uretek as
the sole source. Under state law, Council is authorized to do so when
..."items are available from only one source because of patents,
copyrights, secret processes, or natural monopolies". This contract will
allow the City to accomplish the projects identified in the FY 93-94
Budget, as well as future projects identified in the upcoming budget at the
same unit price.
Action Required by Council: Declare Uretek USA the sole source and approve
an ordinance authorizing the City Manager to enter into an annual agreement
with Uretek USA for the repair of concrete streets in an amount not to
exceed $61,000.
Availability of Funds:
XXXX General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number: 001-700-701-829 Funds Available: XX YES NO
,Y ~.vuii~.ii ~ayciiua
~~ a o 9
a DATE
City
,~ ~ •
ORDINANCE NO. 94-1979
AN ORDINANCE APPROVING AND AUTHORIZING AN ANNUAL SERVICE AGREEMENT
BETWEEN THE CITY OF LA FORTE AND URETER USA, INC., FOR STREET
REHABILITATION; APPROPRIATING NOT TO EXCEED $61,000.00 TO FIIND SAID
CONTRACT; MAR.ING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING
AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA FORTE:
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. The City Council appropriates the sum not to exceed
$61,000.00 from the Street Division General Operation Budget 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. 94- 1979
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 25th day of April, 1994.
CITY OF LA PORTE
Norman L. Malone,
Mayor
ATTEST:
~ ~~
Sue Lenes,
City Secretary
APPROVED:
Knox W. Askins,
City Attorney
~ ~
CONCRETE REPAIItPROGRAM
Concrete streets, while durable, are not maintenance-free. Continued
maintenance to prevent water intrusion through joints is the primary tool
to ensure longer pavement life. However, there comes a time when
maintenance strategies fail to prevent problems, and more intensive
rehabilitation or reconstruction becomes necessary.
Frequently, the loss of soil beneath concrete streets creates voids, with
resultant settling. This tends to open centerline joints, allowing
additional water intrusion, as well as drainage problems caused by
differential settling along the curb. Poor construction can also
contribute to this problem, as experienced on Coupland Drive. Until
recently, total removal and reconstruction was the only repair alternative,
which is expensive and disruptive to residents.
Several years ago, the City began small-scale testing of a proprietary
process to underseal, through pressure injection of polyurethane, raising
the settled portions of concrete streets to the original grade, promoting
positive curb drainage and closing centerline joints, resulting in
additional service life without expensive reconstruction. The process is
provided by Uretek USA, and is the process used to correct the problems on
Copeland Drive in early 1993.
Although some problems were experienced with the Copeland Drive project,
difficulties were primarily the result of poor original construction,
inadequate materials and lack of positive drainage from initial
construction. Despite these problems, the Uretek process was successful on
Copeland Drive. These problems should not surface with the proposed
project, outlined below.
The 1993-94 Budget identified two (2) concrete streets that are repairable
using the Uretek process; Old Orchard from Piney Brook to Valleybrook and
West D Street from S. 5th to S. 6th. Both streets have experienced
settling, and should be repaired or replaced. A total of $61,000 has been
budgeted for this project. It is estimated that the Uretek process will
take two (2) weeks, with minimal inconvenience to residents.
The estimated cost to remove and replace these streets with concrete, with
new curbs is $300,000, based on the recent East H Street Replacement
Project. It is further estimated that this method of repair would take
approximately four (4) months, with severe inconvenience to the residents.
It is recommended that the City utilize the Uretek process to effect
repairs on Old Orchard and West D Street.
__~-__
•
The
- URETE3(
Method`'
t t t
;.
~.-.
LlRETFK VSA, 1~lC.
. ~_~
.Mj?,
-~' c.
J,~y 1, 1992
I~~:.: ~ This is to certify that URETEK USA, Inc. is the sole licensee for The
URETEK METHOD® in the United States of America.
United States of America Patent Number 4,567,708 protects THE
URETEK METHOD® which utilizes a proprietary formulation of high
-~ density polyurethane, URETEK 486.
THE URETEK METHOD® and URETEK 486 are available only from
j.JRETEK USA, Inc., headquartered in Houston, Texas.
_~-
Sincerely,
~_
Brent J. Barron
President
~I
i
1
:,
.:,
.,
t
9422 Hammeriy • Houston, Texas 77080 • Tel: 713/973-0]2S ~ Fax: 713/973-2168
United States Patent ~[19J
Haekkinen
[11] .Patent Number: 4,567,708
[4~ Date of Patent: Feb. 4, 1986
[54] METHOD FOR LEVELING SUNKEN OR
BROKEN PROTIONS OF
EAKTH~UPPORTED FLOORS AND SLABS
(76] Inventor. Veiklw Haekkiaen,
Portaanloorvankaar S, SF-33800
Tampere 80, Finland
[21] App!. No.: 536,401
[22] Filed: Sep. 27, 1983
[30] Foreign Application Priority Data
Sep. 27, 1982 [FI] Fmland ..............»..............823299
[51] Ist CL ..................».....».............».................EO4B 1100
(52] U.S.CL . .. ....................................521743; 404/18
..........
[58] Field of Search ........................»..........521143; 404!18;
264/46.6, 465
[56] References Cited
U.S. PATENT DOCUMENTS
2041266 5/1936 Pointer ..................................404/18
4,240,995 1211980 Milne ................................. 264/36
_.
i~• ~l
/ ".'.'
S
4.470,719 9/1984 Dtiark et al ................»......404!15
FORIIGN PATENT DOCUMENTS
600104 6/1978 Fed. Rep, of Germany»52/143
1033353 6/1966 United Kingdom
2037349A 7/1980 United Kingdom
1602859 11/1981 United Kinddom
Primary Examiner -Carl D. Friedman
Assistant Examiner - Naoko N. Sladt
Attorney. Agent, or Fmn - Polloclt, Vande Sande do Priddy
[57] ABSTRACT
The method relates to levelling sunken or broken portions of
earth-supported floors or slabs (2, 2A). At least one hole (1) is made
in the floor and polyurethane foam is sprayed between the floor and
the underlying eairtlt through this hole. The foam creates in the
space a mould pressrae, which raises the floor.
7 Claims, I Drawing Figure
SERVICE CONTRACT FOR UNDERSEALING
AND LIFTING USING THE URETEK METHOD®
Texas
THE STATE OF
Harris
COUNTY OF
-- Contract No: -
Ordinance No:
This Contract, hereinafter referred to as the "Contract; 'made and entered into as of the date last specified
_. herein, by and between ~' ~ t y o f L a Porte (hereinafter referned to as "Client"),principally situated
in H a r i s Co un t v and URETEK USA, Inc. (hereinafter referred to as "Supplier'.
-, The initial addresses for the parties shall be as follows:
= The City of La Porte URb`TEKUSA,Inc.
P . O . Box 1115 9422 Hammerly
y" L a Porte , Texas - 15 Houston, Texas 77080
(713) 471-9650 (713) 973-0125
WITNESSETH:
WHEREAS, the Client wishes to undertake a program of High Density Polyurethane undersealing and
lifting of concrete using THE URETEK METHOD®.
WHEREAS, the Client desires to secure the performance of these services, by highly trained, skilled
persons, while utilizing it's own resources in order to reduce the overall cost; and
WHEREAS, the Supplier desires to provide such services in exchange for the fee hereinafter specified;
~. NOW, THEREFORE, for and in the consideration of the premises and mutual covenants, herein
contained, it is agreed as follows:
Page 1 of 9
• •
ARTICLE I
ape of Services
The Supplier shall supply all supervision, labor, materials, supplies, insurance, and equipment
`_~ necessary for the performance of the work described herein, in accordance with the terms and provisions
herein as set out in Exhibits "A" and "B", attached hereto, incorporated herein by reference and made a
part of this Contract for all purposes.
ARTICLE II
Term of Performance
This Contract will extend for a twelve (12) month period beginning upon issuance of a written Notice
to Proceed from the Client's Purchasing Agent. The services required shall begin within thirty (30) days
_ after such Notice to Proceed. The Contract may be extended for two additional twelve (12) month periods
at the Client's option.
ARTICLE III
Payment and Compensation
For and in consideration of performance of the services specified under this Contract, Client agrees
to pay and the Supplier agrees to accept the fees stated in Exhibit "B", Fee Schedule, incorporated herein
by reference and made a part of this Contract for all purposes. Payment is due twenty (20) days after
submission of an invoice for services performed satisfactorily.
- The Supplier shall submit to the Client weekly invoices during the period in which the services are
performed for which payment is requested. The Client shall pay the invoiced amount within twenty (20)
days of submission of an invoice for services performed satisfactorily.
ARTICLE IV
Termination
A. Termination by Client for Convenience
The Client may terminate this Contract at any time upon thirty (30) days notice in writing to the
Supplier. Upon receipt of such notice, Supplier shall, unless the notice directs otherwise,
discontinue all services in connection with the performance of this Contract and shall proceed
to cancel promptly all existing orders and contracts insofar as such orders or contracts are
chargeable to this Contract. As soon as practicable after receipt of notice of temzinadon, the
Supplier shall submit a statement to the Client showing in detail the services performed under
this Contract to the date of termination. The Client agrees to compensate the Supplier for that
portion of the prescribed charges for which the services actually performed under this
Contract prior to termination notice.
Upon expiration, or ternination, or cancellation of this Contract, the Supplier shall be permitted
--- ten (10) days within which to remove Supplier-owned material and equipment from the
Client's premises. This time period may be extended upon approval by the Client.
Page 2 of 9
•
ARTICLE IV (Continued)
B. Termination By Client For Cause
•
-_ The Client may terminate the Supper's performance of services under this Contract in the event
of default by the Supplier and a failure by the Supplier to cure such default after receiving notice
_ thereof, as provided in this subsection. Default by the Supplier shall occur if the Supplier fails to
observe or perform any of its duties under this Contract. Should such a default occur, the Client
may deliver a written notice to the Supplier describing such default and the proposed date of
termination. Such date may not be sooner than the thirtieth (30th) day following receipt of the
notice. The Client at its sole option, may extend the proposed date of termination to a later date.
_ If the Supplier cures such default prior to the proposed date of termination, tren the proposed
termination shall be ineffective. If the Supplier fails to cure such default prior to the proposed date
of termination, then the Client may terminate the Supplier's performance under this Contract as
V of such date.
__ 1. The following are hereby defined as events of default whether occurring independently or
_~ severally:
a. Failure of the Supplier to perform or observe any of the other obligations, covenants,
agreements, and conditions required to be performed or observed under this Contract; or
"" b. The dissolution or liquidation of the Supplier, the filing of a voluntary petition or bankruptcy
by the Supplier, the adjudication of the Supplier as a B ankrupt; an assignment for the benefit
of creditors by the Supplier, the entry into an agreement of composition with its creditors by
-~ the Supplier, the approval by a court of competent jurisdiction of any petition or other
pleading in any action seeking reorganization, arrangement, adjustment, or composition of
or in respect of the Supplier underthe Federal Bankruptcy Ace or any similar State orFederal
--, law; or the appointment of a receiver, trustee or other similar official for Supplier or its
property, unless within sixty (60) days after such appointment the Supplier causes such
appointment to be stayed or discharged.
~'~° 2. Upon the effective date of termination as contained in the notice, the Supplier shall, unless the
notice directs otherwise, immediately discontinue all service in connection with this Contract and
shall proceed to cancel promptly all existing orders and subcontracts insofaz as such orders or
subcontracts are chargeable to this Contract. As soon as practicable after the effective date of the
notice of termination, the Supplier shall submit an invoice showing in detail the services
performed under this Contract to the date of termination. The Client shall then pay the Supplier
for that portion of the prescribed fees for which services were actually performed under this
Contract and prior to termination notice.
Page 3 of 9
•
C~
ARTICLE V
Indemnification and Insurance
A. Indemnification
1. The Supplier covenants that it and all of its agents, servants, employees, subcontractors and
independent contractors, will use due care and diligence in all of its or their activities and
operations authorized by this Contract. The Supplier hereby agrees to indemnify the Client for
all damages to the property of the Client which shall be caused directly or indirectly by any act
or omission on the part of the Supplier, its agents, servants, employees, or independent
contractors, except to the extent that any such damages to the property, are covered by the
proceeds from insurance required to be provided by the Supplier under any provision hereof, or
_ provided by the Client. The Client at its election, shall have the right to participate in any such
_ negotiations or legal proceedings to the extent of its interest therein Client will promptly forward
to Supplier every demand, notice, summons or other process received by Client for or pertaining
to any claim or legal proceeding contemplated herein.
2. The Client hereby agrees to indemnify the Supplier for au damages relating to utilities,
concrete,curbs, sprinkler systems, landscaping, or subsoil conditions.
B. Insurance
The Supplier shall carry and- maintain throughout the period of this Contract workmen's
compensation insurance as required by law, comprehensive general liability insurance, including
contractual liability and comprehensive automobile liability insurance with a company or
companies satisfactory to the Client. Such coverage shall have minimum limits of liability or not
less than the following amounts:
1. ~mprehensive general liability insurance including contractual liability:
-- Bodily injury: $500,000 per occurrence
Property damage $500,000 per occurrence
_ 2. t'om~~hensive automobile liability insurance:
Bodily injury $500,000 per person
$500,000 per occurrence
_ . Property damage $500,000 per occurrence
The Client shall be added as an additional insured on all policies required herein. The above-
described policy or policies shall contain a provision that the Client win be given not less than
ten (10) days written notice in advance of cancellation or modification of such policy orpolicies.
The Supplier shall furnish to the Client a certificate or certificates of insurance evidencing the
-- required coverage. Such certificate or certificates shall be submitted to the office of the Client.
Notwithstanding any other provision for termination herein, this Contract may be immediately
canceled by the Client if this insurance should be canceled or modified in a manner inconsistent
with this Contract.
-- Page 4 of 9
•
ARTICLE V (Continued)
__ Indemnification and Insurance
2. omprehensive automobile liabilityjnsurance: (Continued)
_ If any part of the work is sublet, similar insurance shall be provided by or in behalf of the
3 Subcontractor to cover their operations. Evidence of such insurance, satisfactory to the Client,
shall be furnished by the Supplier. In the event a Subcontractor is unable to furnish insurance in
the limits required under the Contract, the Supplier shall endorse the Subcontractor as an
-~ Additional Insured on his policies including Workers' Compensation and Employer's Liability.
ARTICLE VI
Force Majeure
-- .The term "force majeure" as used herein means any act of God, strike, lockout, or other industrial
disturbance, act of a public enemy, war, blockade, public riot, lightning, fire, storm, flood, explosion, and any
other cause, whether of the kind specifically enumerated above or otherwise, which is not reasonably within
_ ~ the control of the party claiming suspension.
If because of force majeure any party hereto is rendered unable, wholly or in part, to carry out its
obligations under this Contract, then such party shall give to the other party prompt written notice of the force
majeure with reasonable full details concerning it. Thereupon the obligations of both parties, so far as they
are affected by the force majeure, shall be suspended during, but no longer than, the continuance of the force
majeure. The affected party shall use all possible diligence to remove the force majeure as quickly as possible,
but this obligation shall not be deemed to require the settlement of any strike, lockout, or other labor difficulty
contrary to the wishes of the party involved
ARTICLE VII
Non-Waiver
The failure of either party hereto to insist, in any one or more instances, upon performance of any of the
terms, covenants or conditions of this Contract, shall not be conttnied as a waiver or relinquishment of the
future performance of such term, covenant or condition by the other party hereto, but the obligation of such
party with respect to such future performance shall continue in full force and effect.
ARTICLE VII
Remedies Cumulative
The rights and remedies contained in this Contract shall be exclusive.
Page 5 of 9
• •
ARTICLE IX
Address and Notice
Unless otherwise provided in this contract, any notice, communication, request, reply or advice (herein
severally and collectively, for convenience, called "notice") herein provided or permitted to be given, made
"" or accepted by any party to the other must be in writing and maybe given or be served by depositing the same
in the United States mail, postpaid and registered or certified, and addressed to the party to be notified, with
~y return receipt requested, or by delivering the same to an officer of such party, or by prepaid telegram, when
appropriate, addressed to the party to be notified. Notice deposited in the United States mail in the manner
herein above described shall be conclusively deemed to be effective, unless otherwise stated in this Contract,
-- from and after the expiration of three (3) days after it is so deposited.
_. Notice given in any manner other than that stated herein shall be effective only if and when received by
the party to be notified. For the purpose of notice, the addresses to the parties shall, until changed as herein
above provided, be as stated in the preamble, page I of 9, of this Contract.
Each party shall have the right at any time to change its respective address and each shall have the right
to specify as its address any other address, provided that at least ten (10) days written notice is given of such
new address to the other party.
ARTICLE X
Inde~ndent Contractor
The reladonship of the Supplier to the Client, shall be that of an independent contractor, and no principal-
'' agent oremployer-employee relationship is created by this Contract., By entering into this Contract with the
Client, the Supplier acknowledges that it will, in the performance of its duties under this Contract, be acting
as an independent contractor and that no officer, agent or employee of the Supplier will be for any purpose
~=- an employee of the Client and that no officer, agent or employee of the Supplier is entitled to any of the benefits
- ~ and privileges of a Client employee or officer.
__~ ARTICLE XI
Governing Law
This Agreement is subject to and shall be construed in accordance with the laws of the State of
Teat ~ ~ ,the laws of the federal government of the United States of America and an rules and
regulations of any regulatory body or officer having jurisdiction. This Contract is to be performed in the State
of Texas
ARTICLE XII
Severability
__ If any provision of this Contract shall be determined to be legally invalid or unenforceable, such invalidity
or unenforceability shall not affect the whole Contract; but the whole Contract shall be construed as if not
containing the provision, and the rights and obligations of the parties shall be construed and enforced
__ accordingly.
Page 6 of 9
T ARTICLE XIII
- motions
The captions at the beginning of each article of this Contract are guides and labels to assist in locating and
- reading such articles, and therefore will be given no effect in construing this Contract and shall not be
restrictive of the subject matter of any article, section or part of this Contract.
ARTICLE XIV
is Employment Opportunity
The Supplier agrees to comply fully with the provisions of the Equal Employment Opportunity Act,
_ incorporated herein by reference and made a part of this Contract for au purposes.
ARTICLE XV
Surr.Pecor and Assig~t
This Contract shall bind and benefit the respective parties and their legal successors, and shall not be
assignable, in whole orin part, by any party hereto without first obtaining the written consent of the otherparty.
_ Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the
Client or the Supplier.
ARTICLE XVI
Amendment or Modification
_ Except as otherwise provided in this Contract, this Contract shall be subject to change, amendment or
modification only by the mutual written consent of the parties hereto,
ARTICLE XVII
Ambiggities
In the event of any ambiguity in any of the terms of this Contract, it shall not be constnted for or against
any party hereto on the basis that such party did or did not author the same.
ARTICLE XVII
Parties in Interest
This Contract shall not bestow any rights upon any third party, but rather, shall bind and benefit the Client
and the Supplier only.
Page 7 of 9
•
ARTICLE XIX
Acceptances and Approval
Any acceptance or approval by the Client, or its agents or employees shall not constitute nor be deemed
to be a release of the responsibility and liability of the Supplier or its employees, agents, subcontractors or
suppliers for the accuracy, competency and completeness of any reports, information or other documents
prepared or services performed pursuant to the terms and conditions of this Contract. Such acceptance or
approval shall not be deemed to be an assumption of such responsibility or liability by the Client orits agents
and employees for any defect, error or omission in any report, information or other documents prepared or
services performed by the Supplier, its employees, agents, or subcontractors.
ARTICLE XX
Interest of Public officials
-- The Supplier represents and warrants that no employee or official of the Client is or will be pecuniarily
interested or benefited directly or indirectly in this Contract. The Supplier further represents and warrants
that it has not offered or given gratuities (in the form of entertainment gifts, or otherwise) to any employee
or official of the Client with a view toward securing favorable treatment in the award of this Contract, nor
shall it give or offer such gratuities to any employee or official of the Client with a view toward securing
favorable treatment with respect to any future amendments, if any, to this Contract or evaluations of its
~. performance hereunder.
ARTICLE XXI
__ Patents
The Supplier agrees to indemnify and leave harmless the Client and au Client employees and officers from
au suits and actions of every nature and description brought against them or any of them, for or on account
~" of the use of patented appliances and/or products of processes be the Supplier in the execution of this contract.
The Supplier shall pay au royalties and charges which are imposed by any party for use of such patented
appliances and/or products of processes. Evidence of such payment or satisfaction shall be submitted, upon
request of the Client, as a necessary requirement in connection with the final estimate for payment in which
such patented appliance and/or products of processes are used.
ARTICLE XXII
Venue
For purpose of this Contract, venue shall be in the County of
Texas
Harris
in the State of
ARTICLE XXIII
rviv 1
The expressed or implied provisions of this Contract which contemplate or require performance after the
termination or expiration of operations hereunder shall survive such expiration or termination.
Page 8 of 9
•
ARTICLE XXIV
Rgpresentalion
The Supplier represents that it and its employees, agents and subcontractors are fully competent and
-- qualified to perform all the services required to be performed under this Contract. The Supplier further
represents that it is experienced in this type of service and that all services to be performed hereunder shall
- be of the highest professional quality.
ARTICLE XXV
Entire Agreement
This Contract contains all the agreements of the parries relating to the subject matter hereof and is the full
and final expression of the agreement between the parties.
IN TESTIMONY OF WHICH this instrument has been executed by and on behalf of the Supplier on this
- ~o day of ,19 ~, and has been executed on behalf of the Client and
attested by its Seal this day of 19
(Client) .The City of La Porte (Supplier) URETEK USA, INC.
:~
._ ~ T,
Name of Officer Robert T . Herreralame Officer Byron G . Beaver
- Title City Manager Title Vice President
SE.4I. /AT i r.ST
- NOTARY PUBLIC
$ooooaooo °°°°°°
~'~-'~~~;~ SUE LENES
Nota-li Public
~~• ~ State of Texas $
__ '?`';; ;i~`' Cortunission Expires 12-t&9i
00 $
SEAL /ATTEST
~- t
.~
OTARY PUBLIC
Page 9 of 9
Exhibit "A"
_ _ Scope of Services
1.1 Scope of Work:
Supplier shall furnish all supervision, labor, materials, equipment, insurance, tools and equipment
necessary to complete the undersealing and realignment of concrete using THE URETEK METHOD®.
1.2 Frequency of Work:
Work shall be performed on an "as needed" basis at the locations specified in each individual work
order issued by the Client or his designated representative.
1.3 Notice to Proceed:
The Supplier shall begin work within thirty (30) days after receipt of work order. All work. shall be
.y _ performed between the hours of 8:00 a.m. 5:00 p.m., Monday through Friday, excluding holidays unless
otherwise agreed to by Client and Supplier.
Responsibilities of the Client:
iretek a. ~~X~~~#Xl~fi'~X~blf~~i~~f3f~>Xfb~r~X~iXIX~~~
.~_ Porte ~l>~~I4~;~~X~~#)?~~}Xpt~X~~f1~~~rX~~iifi~X8~1~j~d~iX
b. Remove all overlays when required.
r e t e k __~~ c P~I~XdXi~ ~l~c~~i ~iXi~~d6~ ~r~~ t~~~r~ l~f~l~~l~.
_ Porte X
..:r d. Provide parking control if the work is being carried out on a street with curb side parking.
e. Provide traffic control equipment and personnel as required.
f. Provide all clean-up of the area of undersealing and realignment.
1S Responsibilities of the Supplier:
Using the Supplier furnished equipment, Supplier's trained and certified technicians shall inject
URETEK 486. high density polyurethane to underseal, fill voids and realign concrete
to required elevations.
_ 1.6 Patents and License:
y ~ URETEK USA is the exclusive licensee of THE URETEK METHOD® in the United States.
THE URETEK METHOD® is patented and entitled to protection as a patented process.
1.7 Warranty:
The Supplier warrants URETEK 486 polyurethane for a period of ten (10) years against shrinkage or
deterioration. During the warranty period the Supplier shall replace any materials that fail to perform
as warranted.
1.8 General Condition:
The Supplier shall not be liable for damages to utilities, concretes curbs, sprinkler systems or landscap-
ing. Supplier shall not be liable for subsoil conditions which could cause slab shifting in the future.
1.9 Material Safety Data Sheet:
--- The Supplier will submit Material Safety Data Sheets (OSHA Form 174), manufacturer's safety data
sheets, or such other sheets which contains the same information as the OSHA Form 174. Each sheet
submitted should be identified by the Supplier's complete company name and contract number. Addi-
_= tionally, a Material Safety Data Sheet (MSDS} will be kept available on all injection unit trucks.
END
•
SSHIBIT °B"
Fee Schedule
1.1 Fees.
(1). Uretek 486 polyurethane
$5.00 per pound