HomeMy WebLinkAbout2000-05-22 Regular Meeting
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MINUTES OF THE REGULAR MEETING
OF LA PORTE CITY COUNCIL
MAY 22, 2000
1. CALL TO ORDER
The meeting was called to order by Mayor Norman Malone at 6:00 p.m.
Members of City Council Present: Councilpersons Guy Sutherland, Chuck Engelken,
Howard Ebow, Peter Griffiths, Alton Porter, Deotis Gay, Charlie Young, Jerry Clarke,
and Mayor Norman Malone.
Members of Council Absent: None
Members of City Executive Staff and Citv Employees Present: City Manager Robert T.
Herrera, Assistant City Attorney John Armstrong, Assistant City Manager John Joerns,
Director of Public Works Steve Gillett, City Secretary Martha Gillett, Finance Director
Cynthia Alexander, Director of Emergency Management Joe Sease, Director of
Administrative Services Louis Rigby, Police Chief Richard Reff, Assistant City Secretary
Janis Goulder, Fire Chief Mike Boaze, Parks and Recreation Director Stephen Barr,
Assistant Public Works Director Buddy Jacobs, Planning Director Doug Kneupper,
Administrative Secretary Leta Money, Animal Control Supervisor Clarence Anderson,
Assistant Fire Chief Champ Dunham, Secretary Genitha Smith, Golf Pro Alex Osmand,
Water Superintendent Curtis Herrod, Purchasing Manager Susan Kelley, Engineer I
Carlos Martinez and Fire Marshal Paul Hickenbottom.
Others Present: Pat Muston, Elaine Bonner, Sib Carpenter, Cecil Money, Spero Pomonis,
Sarah Urich, Ana Griffiths and Nick Barrera.
2. Councilman Deotis Gay delivered the Invocation.
3. Council considered approving the minutes of the Special Called Workshop Meeting on
May 15, 2000.
Motion was made bv Councilperson Engelken to approve the minutes of the Special
Called Workshop Meeting as presented. Second by Councilperson Ebow. The motion
carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke, and Mayor
Malone
Nays: None
Abstain: None
4. PETITIONS, REMONSTRANCES, COMMUNlCA TIONS, AND CITIZENS AND
TAXPAYERS WISHING TO ADDRESS COUNCIL.
There were no citizens wishing to address City Council.
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City Council Minutes - May 22, 2000 - Page 2
5. PROCLAMA TIONS/PRESENTA TIONS
A. March for Jesus - Mayor Malone presented Proclamation to Sarah Urich.
B. Recognition of retiree Leta Money - Mayor Malone, Director of Public Works
Steve Gillett and Genith Smith recognized Leta Money's retirement and
presented her with a watch.
C. Recognition of retiree Elaine Bonner-Mayor Malone and Police Chief Richard
Reffrecognized Elaine Bonner's retirement and presented her with a watch.
D. Employee of the Quarter for October, November, & December 1999 - Mayor
Malone and Water Superintendent Curtis Herrod recognized Ray Mayo as
Employee of the Quarter and presented him with a plaque.
6. Council considered approving a resolution amending authorized representatives of
TEXPOOL.
Finance Director Cynthia Alexander presented summary and recommendations.
Assistant City Attorney read: RESOLUTION 2000-08 - AMENDING AUTHORIZED
REPRESENTA TNES FOR TEXPOOL.
Motion was made by Councilperson Gay to approve the resolution as presented. Second
by Councilperson Clarke. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke, and Mayor
Malone
Nays: None
Abstain: None
7. Council considered approving a resolution amending authorized representatives of
LOGIC.
Finance Director Cynthia Alexander presented summary and recommendations.
Assistant City Attorney read: RESOLUTION 2000-09 - AMENDING AUTHORIZED
REPRESENTATNES FOR LOGIC.
Motion was made by Councilperson Griffiths to approve the resolution as presented.
Second by Councilperson Engelken. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke, and Mayor
Malone
Nays: None
Abstain: None
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City Council Minutes - May 22, 2000 - Page 3
8. Council considered approving a resolution supporting litigation involving Utility
Franchise Fees.
Councilman Chuck Engelken left the table for consideration and voting on this item.
Assistant City Attorney John Armstrong presented summary and recommendations.
Assistant City Attorney read: RESOLUTION 2000-10 - A RESOLUTION
SUPPORTING LITIGA TION INVOLVING UTILITY FRANCHISE FEES; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Clarke to approve the resolution as presented.
Second by Councilperson Ebow. The motion carried.
Ayes: Sutherland, Ebow, Griffiths, Porter, Gay, Young, Clarke, and Mayor Malone
Nays: None
Abstain: Engelken
9. Council considered approving an ordinance authorizing changes to the City's Medical
Plan.
Director of Administrative Services Louis Rigby presented summary and
recommendation and answered Council's questions.
Motion was made by Councilperson Gay to approve the attachment to Ordinance 2000-
2407 with the following amendment: Second by Councilperson Clarke. The motion
carried.
Paragraph five (5) - Employees retiring from the City, and who work for another
employer offering health coverage, shall not be eligible for retiree health coverage from
the City after their subsequent employment ends, regardless of the length of service with
the subsequent employer.
Ayes: Sutherland, Engelken, Ebow, Griffths, Gay, Young, Clarke and Mayor Malone.
Nays: Councilman Porter
Abstain: None
Assistant City Attorney John Armstrong read: ORDINANCE 2000-2407 - AN
ORDINANCE ADOPTING AN AMENDMENT TO THE CITY OF LA PORTE
MEDICAL PLAN; BY PROVIDING FOR THE TERMS AND CONDITIONS OF
RETIREE MEDICAL COVERAGE; PROVIDING AN EFFECTIVE DATE OF SAID
AMENDMENT; PROVIDING A SEVERABILITY CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
Motion was made bv Councilperson Griffiths to approve the resolution as presented.
Second by Council person Gay. The motion carried.
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City Council Minutes - May 22, 2000 - Page 4
Ayes: Sutherland, Engelken, Ebow, Griffiths, Gay, Young, Clarke, and Mayor Malone
Nays: Councilman Porter
Abstain: None
10. Council considered approving an ordinance appointing members to various boards,
commissions, and committees, of the City of La Porte.
Assistant City Attorney John Armstrong presented summary and recommendation.
Assistant City Attorney John Armstrong read: ORDINANCE 2000-2408 - AN
ORDINANCE APPOINTING MEMBERS TO VARIOUS BOARDS, COMMISSIONS,
AND COMMITTEES, OF THE CITY OF LA PORTE; PROVIDING A
SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Young to approve the ordinance as presented.
Second by Councilperson Engelken. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke, and Mayor
Malone
Nays: None
Abstain: None
11. Council considered approving an ordinance appointing members to the Civil Service
Commission of the City of La Porte.
City Manager Robert T. Herrera presented summary and recommendation.
Assistant City Attorney John Armstrong read: ORDINANCE 2000-2409 - AN
ORDINANCE APPOINTING MEMBERS TO THE CIVIL SERVICE COMMISSION;
PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING
CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made bv Councilperson Engelken to approve the ordinance as presented.
Second by Council person Gay. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke, and Mayor
Malone
Nays: None
Abstain: None
12. Council considered approving an ordinance authorizing an engineering agreement
between the City of La Porte and Camp Dresser & McKey, to perform a Little Cedar
Bayou Wastewater Treatment Plant Solids Handling study.
Director of Public Works Steve Gillett presented summary and recommendation.
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City Council Minutes - May 22, 2000 - Page 5
Assistant City Attorney John Armstrong read: ORDINANCE 2000-2410 - AN
ORDINANCE APPROVING AND AUTHORIZING AN ENGINEERING
AGREEMENT BETWEEN THE CITY OF LA PORTE AND CAMP DRESSER & MC
KEY TO PERFORM A LITTLE CEDAR BAYOU W ASTEW A TER TREATMENT
PLANT SOLIDS HANDLING STUDY; APPROPRIATING $49, 780.00, 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 Griffiths to approve the ordinance as presented.
Second by Councilperson Engelken. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke, and Mayor
Malone
Nays: None
Abstain: None
13. Council considered approving an ordinance approving and authorizing a contract between
the City of La Porte and Triple B Services, Inc., for waterline replacement on Catlett
Lane and Park Street.
Director of Public Works Steve Gillett presented summary and recommendation.
Assistant City Attorney John Annstrong read: ORDINANCE 2000-2411 - AN
ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE
CITY OF LA PORTE AND TRIPLE B SERVICES, INC., FOR THE WATERLINE
REPLACEMENT ON CATLETT LANE AND PARK STREET; APPROPRIATING
$217,460.00 PLUS A CONTINGENCY OF $10,000.00, TO FUND SAID CONTRACT;
MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; FlNDlNG COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDlNG AN EFFECTNE DATE HEREOF.
Motion was made by Councilperson Ebow to approve the ordinance as presented.
Second by Councilperson Engelken. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke, and Mayor
Malone
Nays: None
Abstain: None
14. Council considered approving an ordinance approving and authorizing a contract between
the City of La Porte and Slack & Co. Contracting for Construction of the La Porte
Community Library sanitary sewer.
Director of Planning Doug Kneupper presented summary and recommendation and
answered Council's questions.
Assistant City Attorney John Annstrong read: ORDINANCE 2000-2412 - AN
ORDINANCE APPROVlNG AND AUTHORIZING A CONTRACT BETWEEN THE
CITY OF LA PORTE AND SLACK & CO. CONTRACTlNG, INC. FOR
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City Council Minutes - May 22, 2000 - Page 6
CONSTRUCTION OF LA PORTE COMMUNITY LffiRARY SANITARY SEWER;
APPROPRIATING $37,392.00 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 Engelken to approve the ordinance as presented.
Second by Councilperson Ebow. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke, and Mayor
Malone
Nays: None
Abstain: None
15. Council considered approving an ordinance approving and authorizing a contract between
the City of La Porte and Spigener Corporation for construction of the Bay Forest Golf
Course Clubhouse expansion.
Director of Planning Doug Kneupper presented summary and recommendation.
Assistant City Attorney John Armstrong read: ORDINANCE 2000-2413 - AN
ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE
CITY OF LA PORTE AND SPIGENER CORPORA nON FOR CONSTRUCTION OF
THE BAY FOREST GOLF COURSE CLUBHOUSE EXPANSION; APPROPRIATING
$190,000.00; MAKlNG VARIOUS FINDINGS AND PROVISIONS RELATING TO
THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
AND PROVIDING AN EFFECTNE DATE HEREOF.
Motion was made by CouncilDerson Engelken to approve the ordinance as Dresented.
Second by Councilperson Ebow. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke, and Mayor
Malone
Nays: None
Abstain: None
16. Council considered awarding a bid to Zoll Medical Corporation for monitor/defibrillators~
Fire Chief Joe Sease presented summary and recommendation
Motion was made by Council person Ebow to approve the ordinance as presented.
Second by Councilperson Young. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke, and Mayor
Malone
Nays: None
Abstain: None
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City Council Minutes - May 22, 2000 - Page 7
17. ADMINISTRATIVE REPORTS
City Manager Robert T. Herrera reminded Council of the following events:
A. July 8, 2000 - Council Retreat
Mr. Herrera informed Council about some very sad news that Johnny Williamson's son
past away and expressed condolences on behalf of the City.
18. COUNCIL ACTION
Councilperson Porter, Griffiths, Ebow, Engelken, Sutherland, Gay, Young, Clarke, and
Mayor Malone brought items to Council's attention.
19. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN
MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, AND 551.084, TEXAS
GOVERNMENT CODE, - (CONSULTATION WITH ATTORNEY,
DELmERATION REGARDING REAL PROPERTY, DELmERATION
REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS,
CONFERENCE WIm EMPLOYEES DELmERATION REGARDING
SECURITY DEVICES, OR EXCLUDING A WITNESS DURING
EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION)
No Executive Session.
20. CONSIDERATION AND POSSmLE ACTION ON ITEMS CONSIDERED IN
EXECUTIVE SESSION
Due to no Executive Session, there was no action taken.
21. ADJOURNMENT
There being no further business to come before Council, the Regular Meeting was duly
adjourned at 7:17 P.M.
Respectfully submitted,
Lff!f1tHt0~
Martha Gillett
City Secretary
passed;;;; o";lJjune 2000.
Norman L. Malone, Mayor
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City of La Porte e e
Administrative Services Department
Human Resources Division
Interoffice Memorandum
May 5, 2000
From:
Martha Gillett, City Secretary
Lorie Doughty, Human Resources Manager Jb
Council Agenda Item, May 22nd, 2000
Retiree: Leta Money
To:
Subject:
Please include the following employee retirement presentation on the Agenda for the
Council Meeting scheduled on May 22nd, 2000.
Leta Money: 23 years
Leta began her career with the City in June of 1976. Her first position was
Switchboard Operator at the old City Hall. She was then promoted to the Water
Department as a Customer Service Clerk. Later she was promoted to the City
Managers Secretary and in 1978 she transferred to the Inspections Division as a
Secretary. Leta then transferred in 1987 to the Public Works Department, ending
her long career with the City as a Secretary I. In 1990 and 1997 Leta was awarded
the Employee of Quarter for outstanding performance. She is one of the few
employees who have had the distinction of being awarded the Employee of the
Quarter twice. Genitha Smith, her Supervisor has noted that Leta's dedication and
commitment to her assigned tasks are always exceptional. Her attitude goes
above and beyond the call of duty and she has always been an excellent employee
with an admirable work ethic.
You will be sorely missed by everyone Leta, Happy Retirementl
Cc: Louis Rigby
Stephen Gillett
Buddy Jacobs
Personnel File
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City of La Porte
Administrative Services Department
Human Resources Division
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Interoffice Memorandum
May 5, 2000
To:
From:
Martha Gillett, City Secretary
Lorie Doughty, Human Resources Manager -aD
Council Agenda Item, May 22nd, 2000
Retiree: Elaine Bonner
Subject:
Please include the following employee retirement presentation on the Agenda for the
Council Meeting scheduled on May 22nd, 2000.
Elaine Bonner: 25 years
Elaine began her career with the City in June of 1974. Her first position was
Dispatcher with the Police Department. In 1985 she was promoted to
Administrative Assistant for the Chief of Police. Elaine has worn many hats in her
career for the City such as Emergency Management Deputy Coordinator, LEPC
Chairperson for 7 years, EHCMA. Risk Management and served on the Citizens
Advisory Committee. Chief Reff stated that Elaine has extensive knowledge of thtJ
Department that has been invaluable to them over the years. She is a very
dedicated and supportive employee. Assistant Chief Corrales noted Elaine's
superior performance and how she always goes beyond established standards.
Elaine is most effective in dealing with people. She has a genuine interest and a
desire to assist, and participate with peers, supervisors and members of the public.
Good luck Elaine, we wish you the very best in your retirement yearsl
Cc: Louis Rigby
Chief Richard Reff
Assistant Chief Aaron Corrales
Personnel File
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City of La Porte
Administrative Services Department
Human Resources Division
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Interoffice Memorandum
May 5, 2000
To:
From:
Martha Gillett, City Secretary
Lorie Doughty I Human Resources Manager !o
Council Agenda Item, May 22nd, 2000
Employee of the Quarter: October, November & December 1999
Subject:
Please include an Employee of the Quarter award presentation on the Agenda for the
Council Meeting scheduled on May 22nd, 2000. The award will be presented to Ray
Mayo, Utility Supervisor in the Water Production Division of Public Works.
Ray has been employed with City for the past 11 years. Curtis Herrod, Utility
Superintendent, has stated that Ray has performed a valuable service for the City on
several divisional projects. The City was able to save a substantial amount of funds
which otherwise would have been paid out in engineering services. These projectcs
required him to record daily construction reports and inspect the contractor's work for
compliance with the construction specifications of the project.
Ray regularly finds the time to assist in any project or assignment that his knowledge
and expertise may be utilized. He promotes the team concept and encourages a
positive work atmosphere with a professional attitude. Ray is well regarded among
his peers and co-workers and has a sincere desire to better his division, crew and
self. The high work standard expected from our employees is exemplified by the
work carried out by Ray. He is deserving of such recognition as Employee of the
Quarter.
Cc: Stephen Gillett
Buddy Jacobs
Curtis Herrod
Louis Rigby
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REQUW FOR CITY COUNCIL AGENDA r
Agenda Date Requested: 5/22/00
ttJ(
Department: Finance
Requested By: Cynthia Alexander
_ Report ~ Resolution _ Ordinance
Exhibits: Resolution Amending Authorized Representatives of the City of La Porte
SUMMARY & RECOMMENDATION
The Public Funds Investment Act (PFIA) of 1987 requires that governing bodies designate by rule, order, ordinance, or
resolution, as appropriate, one or more officers or employees of the entity to be responsible for the investment of its funds
consistent with the investment policy adopted by the entity.
The City of La Porte currently recognizes the Assistant City ManagerlFinance, Assistant Finance Director, and the
Accountant as Investment Officers. Our previous Assistant City ManagerlFinance Director resigned and was replaced by
the Assistant Finance Director leaving the Assistant Finance Director position vacant. A replacement started with the City
on May 1st. We need to amend previous resolutions authorizing representatives to reflect this change. During the
transition period, the Finance Director and the Accountant were authorized to perform transactions for the City of La
Porte with the two investment pools, TEXPOOL and LOGIC. This resolution will amend that authorization to include
Michael Dolby, Assistant Finance Director as an authorized representative.
All of these individuals have either already received or will receive the required training as mandated by the PFIA. At
this time we would like to amend this resolution to add Michael's name and signature.
Action Required by Council: Approval of Resolutions Amending Authorized Representatives
Availability of Funds:
General Fund
_Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number:
Funds Available:
YES
NO
Approved for City Council Agenda
~\.~~
Robert T. Herrera
City Manager
5- 1t9'OD
Date
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RESOLUTION 00-08
A RESOLUTION AMENDING AUTHORIZED REPRESENTATIVES FOR THE CITY OF
LA PORTE, TEXAS; MAKING CERTAIN FINDINGS; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, The City of La Porte (Participant) is a local govemment of the State
of Texas and is empowered to delegate to a public funds investment pool the authority
to invest funds and to act as custodian of investments purchased with local investment
funds; and
WHEREAS, it is in the best interest of the Participant to invest local funds in
investments that provide for the preservation and safety of principal, liquidity, and yield
consistent with the Public Funds Investment Act; and
WHEREAS, the Texas Local Government Investment Pool ("TEXPOOL"), a
public funds investment pool, was created on behalf of entities whose investment
objective in order of priority are preservation and safety of principal, liquidity, and yield
consistent with the Public Funds Investment Act.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE
SECTION 1. That the individuals, whose signatures appear below, are
Authorized Representatives of the Participant and are each hereby authorized to
transmit funds for investment in TEXPOOL and are each further authorized to withdraw
funds from time to time, to issue letters of instruction, and to take all other actions
deemed necessary or appropriate for the investment of local funds.
SECTION 2. That an Authorized Representative of the Participant may be
deleted by a written instrument signed by all remaining Authorized Representatives
provided that the deleted Authorized Representative (1) is assigned job duties that no
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longer require access to the Participant's TEXPOOL account or (2) is no longer
employed by the Participant; and
SECTION 3. That the Participant may by Amending Resolution signed by the
Participant add an Authorized Representative provided the additional Authorized
Representative is an officer, employee, or agent of the Participant;
SECTION 4. Following is the list of Authorized Representatives of the
Participant. These individuals will be issued P.I.N. numbers.
Name:
Cynthia B. Alexa$ ,
Signature . ~
Michael Dolby
;itle: ~ Director
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Name:
Title: Assistant Finance Director
Signature
Name: Shelly Hart Ti e: Acc untantllnvestment Officer
Signature . _)J.tJ.h V ].kJ1 k
The Authorized Representative with primary responsibility for performing transactions
and receiving confirmations and monthly statements under the Participation Agreement
is Shelly Hart.
SECTION 5. The City Council officially finds, determines, recites and declares that
a sufficient written notice of the date, hour, place and subject of this meeting of the City
Council was posted at a place convenient to the public at the City Hall of the city for the
time required by law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been open to the public
as required by law at all times during which this ordinance and the subject matter thereof
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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 6. This resolution shall become effective fourteen (14) days after its
passage and approval. The City Secretary shall give notice to the passage of the notice
by causing the caption to be published in the official newspaper of the City of La Porte at
least twice within ten (10) days after the passage of the Ordinance. Additionally, this
resolution and its authorization shall continue in full force and. effect until amended or
revoked by the Participant, and until TEXPOOL receives a copy of any such
amendment or revocation.
PASSED, APPROVED, AND RESOLVED this the~ay of ~. 2000.
CITY OF LA PORTE
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ATTEST:
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REQ..eT FOR CITY COUNCIL AGENDA aM
Agenda Date Requested: 5/22/00 ~
Requested By: Cynthia Alexander Department: Finance
_ Report ~ Resolution _ Ordinance
Exhibits: Resolution Amending Authorized Representatives of the City of La Porte
SUMMARY & RECOMMENDATION
The Public Funds Investment Act (PFIA) of 1987 requires that governing bodies designate by rule, order, ordinance, or
resolution, as appropriate, one or more officers or employees of the entity to be responsible for the investment of its funds
consistent with the investment policy adopted by the entity.
The City of La Porte currently recognizes the Assistant City ManagerlFinance, Assistant Finance Director, and the
Accountant as Investment Officers. Our previous Assistant City ManagerlFinance Director resigned and was replaced by
the Assistant Finance Director leaving the Assistant Finance Director position vacant. A replacement started with the City
on May 1St. We need to amend previous resolutions authorizing representatives to reflect this change. During the
transition period, the Finance Director and the Accountant were authorized to perform transactions for the City of La
Porte with LOGIC. This resolution will amend that authorization to include Michael Dolby, Assistant Finance Director,
as an authorized representative. LOGIC is an investment pool the City utilizes to invest its idle cash.
All three of these individuals have either received or will receive the required training as mandated by the PFIA. At this
time we would like to amend this resolution to add Michael's name and signature.
Action Required by Council: Approval of Resolution Amending Authorized Representatives
Availability of Funds:
General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
- -
Other
Account Number:
Funds Available: YES NO
Approved for City Council A2enda
61~ -r: \-\~
Robert T. Herrera
City Manager
~-Ifo-O 0
Date
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RESOLUTION 00-09
A RESOLUTION AMENDING AUTHORIZED REPRESENTATIVES FOR THE CITY OF
LA PORTE, TEXAS; MAKING CERTAIN FINDINGS; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, The City of La Porte (Participant) is a local government of the State
of Texas and is empowered to delegate to a public funds investment pool the authority
to invest funds and to act as custodian of investments purchased with local investment
funds; and
WHEREAS, it is in the best interest of the Participant to invest local funds in
investments that provide for the preservation and safety of principal, liquidity, and yield
consistent with the Public Funds Investment Act; and
WHEREAS, the Local Government Investment Pool ("LOGIC"), a public funds
investment pool, was created on behalf of entities whose investment objective in order
of priority are preservation and safety of principal, liquidity, and yield consistent with the
Public Funds Investment Act.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE
SECTION 1. That the individuals, whose signatures appear below, are
Authorized Representatives of the Participant and are each hereby authorized to
transmit funds for investment in TEXPOOL and are each further authorized to withdraw
funds from time to time, to issue letters of instruction, and to take all other actions
deemed necessary or appropriate for the investment of local funds.
SECTION 2. Following is the list of Authorized Representatives of the Participant.
These individuals will be issued P.I.N. numbers.
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Name: Cynthia B. Alexand r
Signature
Title: Finance Director
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Name: Michael Dolby
Signature
Name: Shelly Hart itle: Accountant/Investment Officer
Signature . ML-~ bJ/i..tJA::
The Authorized Representative with primary responsibility for performing transactions
and receiving confirmations and monthly statements under the Participation Agreement
is Shelly Hart.
SECTION 3. The City Council officially finds, determines, recites and declares that
a sufficient written notice of the date, hour, place and subject of this meeting of the City
Council was posted at a place convenient to the public at the City Hall of the city for the
time required by law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been open to the public
as required by law at all times during which this ordinance and the subject matter thereof
has been discussed, considered and formally acted upon. The City Council further ratifies,
approves and confirms such written notice and the contents and posting thereof.
SECTION 4. This resolution shall become effective fourteen (14) days after its
passage and approval. The City Secretary shall give notice to the passage of the notice
by causing the caption to be published in the official newspaper of the City of La Porte at
least twice within ten (10) days after the passage of the Ordinance. Additionally, this
resolution and its authorization shall continue in full force and effect until amended or
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revoked by the Participant, and until LOGIC receives a copy of any such amendment or
revocation.
PASSED, APPROVED, AND RESOLVED this the~ay of
CITY OF LA PORTE
,2000.
BY:~~~
o MAN M~ 0 , yor
ATTEST:
BY~~ ~AiM
MAR HA GILL TT
City Secretary
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RESOLUTION NO. 2000-~
A RESOLUTION SUPPORTING LITIGATION INVOLVING UTILITY FRANCHISE
FEES; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING
AN EFFECTIVE DATE HEREOF.
WHEREAS, the cities of Wharton, Galveston, and Pasadena have
prevailed in a verdict in the class action suit styled cities of
Wharton, et aI, v. Houston Lighting & Power Company, et al; and
WHEREAS, the City of La Porte has remained an unnamed class
member in the above referenced class action suit and has kept
itself informed about this class action suit; and
WHEREAS, the City of La Porte continues to support and is
interested in the adjudication of its similar claims against the
defendants in the above referenced suit in the exercise of its duty
as a good steward over the public treasury; and
WHEREAS, the City of La Porte's individual damage claims still
remain open for resolution in the above referenced litigation, and
the City of La Porte wishes to obtain a determination of the
amounts that are due and owing to the City of La Porte; and
WHEREAS, the City of La Porte continues to support the efforts
to recover the amounts owed to the City, if any, and desires its
claims to be resolved in this case; and
WHEREAS, the City of La Porte has been informed that there are
efforts being undertaken to attempt to decertify and/or prevent the
resolution of the claims of the City of La Porte in the above
referenced litigation which efforts the City of La Porte opposes.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LA PORTE:
section 1.
That the city council of the City of La Porte
supports the above referenced litigation and its efforts to recover
amounts that may be due and owing to the City of La Porte by the
defendants.
We hereby authorize the attorneys representing the
Cities in the above reference case to file all necessary and
appropriate pleadings and motions on behalf of the City of La Porte
to insure the reasonable resolution of the damage claims of the
City of La Porte against the defendants, including, but not limited
to, the filing of petitions in intervention in the case to protect
the interests of the City of La Porte.
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section 2. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this resolution and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
section 3. This Resolution shall be effective from and after
its passage and approval.
PASSED AND APPROVED this 22nd day of May, 2000.
C~ITY OF LA PORTE _ 4
By: -'/l?n~
~ rman L. a on
Mayor
~:
Mart 1!#~~-..tYAml)
City Secretary
2
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ASKINS & ARMSTRONG. P. C.
ATTORNEYS AT LAW
702 W, FAIRMONT PARKWAY
P.O, BOX 1218
LA PORTE. TEXAS 77572-1218
KNOX W. ASKINS
~OHN D, ARMSTRONG
CHARLES R. HUBER, ~R.
BOARD CERTI"IED . CIVIL TRIAL LAW
TEXAS BOARO Of' LEGAL SPECIALIZATION
CLARK T, ASKINS
TELEPHONE 281 471-1886
TELECOPIER 281 471-2047
May 16, 2000
Ms. Martha A. Gillett
City Secretary
City of La Porte
City Hall
La Porte, Texas
Re: No. 96-016613; City of Wharton, et al v. Houston Lighting &
Power Company, et al; 269th Judicial District Court, Harris
County,-Texas.
Dear Martha:
I enclose copy of letter from Mr. Benjamin L. Hall, III, attorney
with O'Quinn & Laminack, requesting passage of the attached
resolution.
Please place this resolution on the City Council agenda of May 22,
2000.
KWA: sw
Enclosure
cc: Mr. Benjamin L. Hall, III
O'Quinn & Laminack
2300 Lyric Centre Building
440 Louisiana
Houston, TX 77002
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REouA FOR CITY COUNCIL AGENDAEM
Agenda Date Requested: Mav 22. 2000
Requested By:
wuis RiJtbv
Department:
Administrative Services
Report
Resolution
Ordinance
Exhibits:
Ordinance
SUMMARY & RECOMMENDATION
During the workshop meeting of May 15, 2000, Council directed staff to make changes to the
previously adopted medical plan as it pertains to retirees. Those changes are attached.
Action Required by Council: Adopt ordinance authorizing changes to the City's medical plan.
Availability of Funds:
General Fund
_ Capital Improvement
Other
WarerlWastewater
_ General Revenue Sharing
Account Number:
Funds Available:
Yes
No
Approved for City Council A2eDcIa
~ t1\...t~
Robert T. Herrera
City Manager
l{-I<6,oD
Date
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ORDINANCE NO. 2ooo-~~o1
AN ORDINANCE ADOPTING AN AMENDMENT TO THE CITY OF LA PORTE MEDICAL
PLAN; BY PROVIDING FOR THE TERMS AND CONDITIONS OF RETIREE MEDICAL
COVERAGE; PROVIDING AN EFFECTIVE DATE OF SAID AMENDMENT; PROVIDING
A SEVERAB~LITY 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 of Medical Plan is hereby amended, by
adding the terms and conditions of "Retiree Medical Coverage" in
form attached hereto as Exhibit "A", incorporated by reference
herein, and made a part hereof .for'all purposes.
Section 2.
The "Retiree Medi~al Coverage" provisions, as
contained in this ordinance, shall be effective January 1, 2000.
Section 3. If any section, sentence, phrase, clause, or any
part of any section, sentence, phrase, or clause, of this ordinance
or amendment of the City of La Porte Personnel Policy Manual hereby
adopted, shall for any reason, be held invalid, such invalidity
shall not affect the remaining portions of this Ordinance, or said
Personnel Policy Manual, and it is hereby declared to be the
intention of this City Council to have passed each section,
sentence, phrase or clause, or part thereof, irrespective of the
fact that any other section, sentence, phrase or clause, or part
thereof, may be declared invalid.
Section 4.
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
ci ty for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
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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 5.
Ordinance No. 99-2369, is repealed on the
effective date of this Ordinance.
section 6. This Ordinance shall be effective January 1, 2000,
and it is so ordered.
PASSED AND APPROVED, this 22nd of May, 2000.
By:
ATTEST:
'1!2tJJt/t1- a /i!itLl/
Mar ha ~ G1llet ,
City Secretary
AP~
Knox W. Askins,
City Attorney
2
-RETIREE MEDICAL COVERAGE e
Retiree medical coverage outlined below shall have an effective date of January 01,
2000.
ELIGIBILITY
Medical Plan shall be changed as follows:
Disability retirement requires at least five (5) years of
service.
The retiree and retiree dependent coverage will be primary for those participants not yet
qualified for Medicare, The coverage will be ~.~s~ndary for those retir_~~.~ ~~.~L[~!!!:~"~~:.NW'
de endents who are Medicare eli ibl.t"".~qp!g~9i:!PM![Q~~
If a covered retiree dies, dependents may continue coverage until the earliest of the
date the surviving spouse remarries, obtains group insurance, or becomes entitled to
Medicare. JIi1~~l~~I~&~~B~)g;g~ltl;:c~~~mg~tii~t~J~lit~tlt(a~~
For those retirees who are actively employed and have employer sponsored health care
coverage available through their employer, the retiree health benefit through the City
shall cease. For those retirees who are self-employed, occupational illnesses or injuries ~'P)
shall not be covered. .. '\ 1\ eC\.1~.e({.J.~
'ei\l"", ud
gwj~I~!r81t~grr@'JeJ!l[[@L1!fIitM1~1.@~~~I~.ljm.
PREMIUMS
The City of La Porte utilizes a self-funded medical plan so there are no formal premiums
paid for health insurance. Each year, during the budget process, an amount is
determined for each employee to cover claims and administration of the medical fund.
Costs to the retiree shall be based on a two tier plan:
Tier 1
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The percentages paid by the retiree shall be based on the budgeted amount discussed
in paragraph one of this section.
Years of Service with La Porte Retiree Cost
City Cost
Dependent coverage shall be charged at the active dependent rate.
Tier 2
Any employee meeting the eligibility requirements for disability retirement under the
Texas Municipal Retirement System Act shall be eligible for medical benefits, provided
they have worked for the City of La Porte for five (5) continuous years, Costs
associated with retirement under this tier shall be the same as Tier 1, with the addition
of:
At least 5 but less than 10, retiree cost shall be 75%.
Dependent coverage shall be charged at the active employee rate,
. Eligible dependents include: your lawful spouse who is legally married to and living
with you; natural children; stepchildren; children who, before reaching the age of 18,
are either adopted by your or placed in your home for adoption; or other children for
whom you have care, custody and control under court decree. A dependent child
. must be unmarried and rely on you for primary support and maintenance,
Dependent children remain eligible until age 19, or until age 25 if enrolled as a full-
time student in a university, college, vocational or secondary school. A dependent
child under the age of 25 who has graduated from a university, college, vocational or
secondary school but has not become gainfully employed will be covered for an
additional 2 months from graduation.
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ORDINANCE NO. 2000- a4o'i,
e
AN ORDINANCE APPOINTING MEMBERS TO VARIOUS BOARDS, COMMISSIONS, AND
COHH:ITTEES, OF THE CITY OF LA PORTE; PROVIDING A SEVERABILITY
CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE W:ITH THE
OPEN MEETINGS LAW; 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
makes the following appointments to the Fire Code Review Committee
of the City of La Porte, for the term beginning on the effective
date hereof, and expiring on May 30th of the year indicated, or
until their successors shall have been duly appointed and
qualified:
District 2
District 3
District 4
District 5
. .
Richard Browder 2003
Tom Hayes 2003
Floyd Craft 2003
Rick Luna 2003
Bryan Moore 2003
Sam Brechtel 2003
The City Council of the City of La Porte
At Large
Mayor
Section 2.
hereby appoints the following members to the City of La Porte
Planning and Zoning commission, for the term beginning on the
effective date hereof, and expiring on May 30th of the year
indicated, or until their successors shall have been duly appointed
and qualified:
District 2
Sandie George
2003
District 3
Ross T. Morris
2003
section 3. The City Council of the City of La Porte hereby
appoints the following members to the La Porte Area Water
Authority, for terms expiring on May 30th of the year indicated, or
until their successors shall have been duly appointed and
qualified:
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position 4
Chester Pool
2002
position 5
Jerry Bramlett
2002
section 4. The City Council of the City of La Porte hereby
makes the following appointments to the Board of Adjustment, for
terms expiring on May 30th of the year indicated, or until their
successors shall have been duly appointed and qualified:
Alternate 1
Charles Shoppe
2002
Alternate 2
George w. Maltsberger
2002
section s. The City Council of the city of La Porte hereby
makes the following appointments to the Airport Advisory Board for
the City of La Porte Municipal Airport, for terms expiring on May
30th of the year indicated, or until their successors shall have
been duly appointed and qualified:
Position 3
Hector Villarreal 2003
Position 4
Tucker Grant 2003
Advisory Member
william Gray FAA Representative
No Expiration Date
Advisory Member
Dan Myhaver
Airline Representative
No Expiration Date
section 6. The city council of the City of La Porte hereby
makes the following appointments to the Southeast Texas Housing
Finance Corporation Board of Directors, for terms expiring on May
30th of the year indicated, or until their successors shall have
been duly appointed and qualified:
Director
Patricia Muston
2003
section 7. If any section, sentence, phrase, clause or any
part of any section, sentence, phrase, or clause, of this ordinance
shall, for any reasons, be held invalid, such invalidity shall not
affect the remaining portions of this ordinance, and it is hereby
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declared to be the intention of this city council to have passed
each section, sentence, phrase or clause, or part thereof,
irrespective of the fact that any other section, sentence, phrase
or clause, or part thereof, may be declared invalid.
Section 8. All ordinances or parts of ordinances in conflict
herewith are repealed to the extent of such conflict only.
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
ci ty for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 10. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 22nd day of May, 2000.
By:
ATTEST:
'1!2~fl1ftetf/
a tha A. Gil ett
City Secretary /
/~ .
~: / '
, /.~, ~
Knox W. Askins
City Attorney
3
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ORDINANCE NO. 2000-J.L/ Del
AN ORDINANCE APPOINTING A MEMBER OF THE CIVIL SERVICE COKKISSION;
PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
sectioD 1. The City Council of the City of La Porte hereby
ratifies and confirms the appointment by the City Manager, of
Robert Swanagan, as a member of the Civil Service commission of the
City of La Porte, for a term expiring on May 30, 2003, or until his
successor shall have been duly appointed and qualified.
SectioD 2. If any section, sentence, phrase, clause or any
part of any section, sentence, phrase, or clause, of this ordinance
shall, for any reasons, be held invalid, such invalidity shall not
affect the remaining portions of this ordinance, and it is hereby
declared to be the intention of this City Council to have passed
each section, sentence, phrase or clause, or part thereof,
irrespective of the fact that any other section, sentence, phrase
or clause, or part thereof, may be declared invalid.
SectioD 3. All ordinances or parts of ordinances in conflict
herewith are repealed to the extent of such conflict only.
SectioD 4.
The City council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
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ORDINANCE NO. 2000-~4D4
PAGE 2
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 5. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 22nd day of May, 2000.
By:
ATTEST:
'1J~Uht<Q.I!A1tW
ar ha A. Gillett
City Secretary
Knox W. Askins
City Attorney
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City of La Porte
Established 1892
May 22, 2000
Hon. Mayor & City Council
City of La Porte
City Hall
La Porte, Texas
Gentlemen:
I hereby appoint Robert Swanagan as a member of the Civil Service
commission of the city of La Porte, for a term expiring on May 30,
2003, or until his successor shall have been duly appointed and
qualified.
Yours very truly,
CITY OF LA PORTE
By: CXJ~ T. H~
Robert T. Herrera
City Manager
RTH:sw
P.O,BllXII15. La Porte. Texas 77572-1115 · (iI3)4il-5020
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REOUESTIR CITY COUNCIL AGENDA ITEM e
Agenda Date Requested:
Requested By: S. Gillett epartment: Public Works
_ Report _ Resolution XX Ordinance
Exhibits:
Ordinance No. 00-
Agreement for Engineering Services
SUMMARY & RECOMMENDATION
The FY 1999-2000 Utility ClP budget includes an engineering evaluation of the Little Cedar Bayou Wastewater Treatment
Plant belt press to detennine replacement alternatives. The belt press is used to dewater sludge prior to final disposal. The
original project included an engineering evaluation of the unit to detennine the best location and size of the proposed
replacement.
After discussions with several engineering finns, it was detennined that the entire solids handling process should be
examined. The original dewatering equipment and structures were constructed in 1981, and construction of additional
digester capacity was included in the 1986 expansion of the Plant. With increasing solids loading at the Plant in the past few
years, detention time in the digester has been reduced, increasing the amount of solids per volume of wastewater treated.
The proposed engineering study has been expanded to include an examination of the entire solids handling process,
including digester size, thickener size and location and the belt press size and location. The proposed study will examine the
need for additional sludge handling capacity, as well as the physical location of needed improvements to confonn with the
future expansion plans. Request for Qualifications (RFQ) were received and reviewed by staff, with the finn of Camp
Dresser & McKey (CDM) was selected as the top respondent. A scope of work was developed, and CDM has submitted a
proposed contract for consideration. The total estimated cost for these services is $49,780, and will not be exceeded without
written authorization. A total of $50,000 is budgeted in the FY 1999-2000 budget for this Project.
Action Required by Council: Approve Ordinance No. 00- authorizing the City Manager to execute an agreement
with Camp Dresser & McKey for the Little Cedar Bayou Wastewater Treatment Plant Solids Handling Study.
Availability of Funds:
General Fund WaterlWastewater
X Capital Improvement_ General Revenue Sharing
Other
Account Number: 003-9890-819-1100 Funds Available: X YES NO
Approved for City Council Aeenda
A~ T. \..\~
Robert T. Herrera
City Manager
t;~ IC.-Oc)
Date
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ORDINANCE NO. 2000- :iIfID
AN ORDINANCE APPROVING AND AUTHORIZING AN ENGINEERING AGREEMENT
BETWEEN THE CITY OF LA PORTE AND CAMP DRESSER , McKEY, TO PERFORM
A LITTLE CEDAR BAYOU WASTEWATER TREATMENT PLANT SOLIDS HANDLING
STUDY; APPROPRIATING $49,780.00, TO FUND SAID CONTRACT; HAXING
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 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 not to exceed
$49,780.00 from the City of La Porte Capital Improvement Fund
Account No. 3 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
ci ty for the time required by law preceding this meeting, as
requir~d by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
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ORDINANCE NO. 2000-~1 (0
PAGE 2
section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 22nd day of May, 2000.
By:
~
N rman L. Malo ,
Mayor
ATTEST:
1lJdJliJdu f). ):/.dtdJ
Mar ha A. G11lett,
City Secretary
'/
/.
/:
APPR~~ ;:: r
t2:;;;~ W~
(, .
Knox W. Ask1ns,
City Attorney
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STANDARD FORM OF AGREEMENT
BETWEEN
OWNER AND ENGINEER
FOR
STUDY AND REPORT
PROFESSIONAL SERVICES
lHIS IS AN AGREEMENT made as of May 22
City of La Porte, Texas
and Camp Dresser & McKee Inc.
OWNER intends to perform a Soli ds Handl i n9 Study for
Little Cedar Bayou Wastewater Treatment Plant.
, ~<< 2000 between
("OWNER")
("ENGINEER"),
improvements at the
f,:
(the "Project").
OWNER and ENGINEER in consideration of their mutual covenants herein agree in respect of the performance or
furnishing of professional engineering services by ENGINEER with respect to the Project and the payment for those
services by OWNER as set forth below. Execution of this Agreement by ENGINEER and OWNER constitutes
OWNER's written authorization to ENGINEER to proceed on the date first above written with the Basic Services
described in Article 2 below and as further set forth in Exhibit A, "Further Description of Engineering Services and
Related Matters" ("Exhibit A"). This Agreement will become effective on the date fll"St above written.
ARTICLE 1- GENERAL
1.1. Standard of Care
ENGINEER shall perform for or furnish to OWNER professional engineering and related services in all
phases of the Project to which this Agreement applies as hereinafter provided. ENGINEER shall serve as
OWNER's professional and engineering representative for the Project providing professiona~ engineering
consultation and advice with respect. thereto. . ENGINEER may employ such ENGINEER's Subcontractors as
ENGINEER deems necessary to assist in the performance or furnishing of professional engineering and
related services hereunder. ENGINEER shall not be required to employ any OWNER's Subcontractors
unacceptable to ENGINEER. -
The standard of care for all professional engbteering arid related services performed or furnished by
ENGINEER under this Agreement will be the care and skill ordinarily used by members of ENGINEER's
profession practicing under similar conditions at the same time and in the same locality.
1.2. Defmitions
Wherever used in this Agreement the following tenns have the. meanings indicated which are applicable to
both the singular and plural thereof:
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Page 1 of 10
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1.2. I. Special Services
Special Services means the services to be performed for or furnished to OWNER by ENGINEER
described in Article 3 of this Agreement
1.2.2. Agreement
Agreement means this Standard Form of Agreement between OWNER and ENGINEER for
Professional Services including those exhibits listed in Article 9 of this Agreement.
1.2.3. BQ3ic Service
Basic Services means the services to be perform~d for or furnished to OWNER by ENGINEER
described in Article 2 of this Agreement
1.2.4. Construction Cost
Construction Cost means the total cost to OWNER of those portions of the entire Project designed or
specified by ENGINEER. Construction Cost does not include ENGINEER's compensation and
expenses, the cost of land, rights-of-way, or compensation for or damages to properties, or
OWNER's legal, accounting, insurance counseling or auditing services, or interest and financing
charges incurred in connection with the Project or the cost of other services to be provided by others
to OWNER pursuant to Article 4 of this Agreement. Construction Cost is one of the items
comprising Total Project Costs.
1.2.5. Engineer's Subcontractor
ENGINEER's Subcontractor means a person or entity having a contract with ENGINEER to
perform or furnish Basic or Special Services as ENGINEER's independent professional
subcontractor engaged directly on the Project.
1.2.6. Reimbursable Expenses
Reimbursable Expenses means the expenses incurred directly in connection with the performance or
furnishing of Basic and Special Services for the Project for which OWNER shall pay ENGINEER as
indicated in Exhibit A. . .
1.2.7. Total Project Costs
Total Project Costs means the swn of the Construction Cost, allowances for contingencies, the total
costs of design professional and related services provided by ENGINEER and (on the basis of
information furnished by OWNER) allowances for such other items as charges of all other
professionals and consultants, for the cost of land and rights-of-way, for compensation for or
damages to properties, for interest and fmancing charges and for other services to be provided by
others to OWNER under Article 4.
ARTICLE 2 - BASIC SERVICES OF ENGINEER
2.1. Study and Report Phase
Upon this Agreement becoming effective, ENGINEER shall:
2.1.1. Consult with OWNER to clarify and defme OWNER's requirements for the Project and review
available data.
Page 2 of! 0
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2.1.2. Advise OWNER as to the necessity of OWNER's providing or obtaining from others data or
services which are not part of ENGINEER's Basic Services, and assist OWNER in obtaining such
data and services.
2.1.3. Identify and analyze requirements of governmental authorities having jurisdiction to approve the
portions of the Project specified by ENGINEER with whom consultation is to be undertaken in
connection with the Project
2. I .4. Evaluate various alternate solutions available to OWNER as described in Exhibit A, and, after
consultation with OWNER, recommend to OWNER those solutions which in ENGINEER's
judgment best meet OWNER's requirements for the Project.
2.1.5. Prepare a report (the "Report") which will contain the statement of OWNER's requirements for the
Project and, as appropriate, will contain schematic layouts, sketches and conceptual design criteria
with appropriate exhibits to indicate the considerations involved and those alternate solutions
available to OWNER which ENGINEER recommends. This report will be accompanied by
ENGINEER's opinion of Total Project Costs for each solution which is so recommended for the
Project, including the following: opinion of probable Construction Cost, allowances for
contingencies including costs of design professional and related services based on infonnation
furnished by OWNER "for allowances and other items and services included within the definition of
Total Project Costs.
2.1.6. Furnish the Report to and review it with OWNER.
2.1.7. Revise the Report in response to OWNER's comments, as appropriate, and furnish final copies of
the Report in the number set forth in Exhibit A.
2.1.8. Submit the Report within the stipulated period indicated in Exhibit A.
2.1.9. ENGINEER's services under the Study and Report Phase will be considered complete at the earlier
of (1) the date when the Report has been accepted by OWNER or (2) thirty days after the date when
such Report is delivered to OWNER for fmal acceptance, plus in each case such additional time as
may be considered reasonable for obtaining approval of governmental authorities having jurisdiction
to review the portions of the Project specified by ENGINEER, if such approval is to be obtained
during the Study and Report Phase.
The duties and responsibilities of ENGINEER during the Study and Report Phase as set forth in this
paragraph 2.1'are amended and supplemented as indicated in Exhibit A.
ARTICLE 3 - SPECIAL SERVI<;:ES OF ENGINEER
3.1. Special Services Requirinl!: Authorization in Advance
If authorized in writing by OWNER, ENGINEER shall furnish or obtain from others SpeciaI Services of the
types listed in paragraphs 3.1.1 through 3.1.9, inclusive,.as amended and supplemented as indicated in
Exhibit A. These services are not included as part of Basic Services except to the extent otherwise provided
in Exhibit A. These services will be paid for by OWNER as indicated in Section 6.
3.1.1 Preparation of applications and supporting documC?1ts (in addition to those furnished under Basic
Services) for private or governmental grants, loans or advances in connection with the Project;
preparation or review of environmental assessments and impact statements; review and evaIuation of
the effect on the design requirements of the Project of any such statements and documents prepared .
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Page 3 oflO
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by others; and assistance in obtaining approvals of authorities having jurisdiction over the
anticipated environmental impact of the Project.
3.1.2. Services to make measured drawings of or to investigate existing conditions or facilities, or to verify
the accuracy of drawings or other information furnished by OWNER.
3.1.3. Services resulting from significant changes in the scope. extent or character of the portions of the
Project specified by ENGINEER or its design requirements including, but not limited to, changes in
size, complexity, OWNER's schedule, character of construction or method of fmancing; and
revising previously accepted studies or reports, or when such revisions are required by changes in
laws, rules, regulations, ordinances, codes or orders enacted subsequent to the effective date of this
Agreement, or are due to any other causes beyond ENGINEER's control.
3.1.4. Services resulting from facts revealed about conditions:
3.1.4.1. which are different from information about such conditions that OWNER previously
provided to ENGINEER and upon which ENGINEER was entitled to rely; or
3.1.4.2. as to which OWNER had responsibility to provide ifsuch information was not previously
provided.
3.1.5. Providmg renderings or models for OWNER's use.
3.1.6. Undertaking investigations and studies including, but ~ot limited to, detailed consideration of
operations, maintenance and overhead expenses; the preparation of cash flow and economic
evaluations, rate schedules and appraisals; assistance in obtaining financing for the Project;
evaluating processes available for licensing and assisting OWNER in obtaining process licensing.
3.1. 7. Furnishing services of ENGINEER's Subconsultants for other than Basic Services.
-3.1.8. . Services during out-of-town travel required of ENGINEER other than visits to the site or OWNER's
office as required by Article 2.
3.1.9. Other Special Services performe.d or furnished by ENGINEER in connection with the Project.
ARTICLE 4 - OWNER'S RESPONSmILITIES
Except as otherwise provided iri Exhibit A, OWNER shall do the following in a timely manner so as not to delay the
services of ENGINEER and shall bear all costs incident thereto:
4.1. Designate in writing a person to act as OWNER's representative with respect to the services to be performed
or furnished by ENGINEER under this Agreement. Such person will have complete authority to transmit
instructions, receive information, interpret and defme OWNER's policies and decisions with respect to
ENGINEER's services for the Project.
4.2. Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to the Project
including previous reports and any other data relative to design or construction of the Project.
4.3. Furnish to ENGINEER as requested by ENGINEER for performance of Basic Services or as required by the
Contract Documents, the following:
. 4.3.1. data prepared by or services of others, including without limitation explorations and tests of
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subsurface conditions at or contiguous to the site, drawings of physical conditions in or relating to
existing surface or subsurface structures at or contiguous to the site, or hydrographic surveys;
4.3.2. appropriate professional interpretations of all of the foregoing;
4.3.3. environmental assessments, audits, investigations and impact statements, and other relevant
environmental or cultural studies as to the Project, the site and adjacent areas.
OWNER shall be responsible for, and ENGINEER may rely upon, the accuracy and completeness of aU
reports, data and other information furnished pursuant to this paragraph. ENGINEER may use such reports,
data and information in performing or furnishing services under this Agreement
4.4. Arrange for access to and make all provisions for ENGINEER to enter upon public and private property as
required for ENGINEER to perform services under this Agreement.
4.5. Examine all alternate solutions, studies, reports, sketches, Drawings, Specifications, proposals and other
documents presented by ENGINEER (including obtaining advice of an attorney, insurance counselor and
other consultants as OWNER deems appropriate with respect to such examination) and render in writing
decisions pertaining thereto.
4.6. Provide, as may be required for the Project:
4.6.1. accounting, bond and financial advisory, independent cost estimating and insurance counseling
services;
4.6.2. such legal services as OWNER may require or ENGINEER may reasonably request with regard to
legal issues pertaining to the Project.
4.7. Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes aware of any
development that affects the scope or time of performance or furnishing of ENGINEER's services, or any
- defect or nonconfonnance in ENGINEER's seNices.
4.8. Furnish, or direct ENGINEER to provide, Special Services as stipulated in paragraph 3.1 of this Agreement
or other services as required.
ARTICLE 5 - TIMES FOR RENDERING SERVICES
5.1. If in "this Agreement specific periods of time for rendering services are set forth or specific dates by which
services are to be completed are provided and if such periods oftime or dates are changed through no fault of
ENGINEER, the rates and amounts of compensation provided for herein shall be subject to equitable
adjustment. If OWNER has requested changes in the scope, extent or character of the Project, the time of
performance of ENGINEER's services shall be adjusted equitably.
ARTICLE 6 - PAYMENTS TO ENGINEER
FOR SERVICES AND REIMBURSABLE EXPENSES
6.1. Methods ofPavment for Services and Ex;penses of Engineer 0
6.1.1. For BQ3;c Services
OWNER shall pay ENGINEER for Basic Services performed or furnished under Article 2 on the
basis set forth in Exhibit A.
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6.1.2. For Special Services
OWNER shall pay ENGINEER for Special Services performed or furnished under Article 3 on the
basis set forth in Exhibit A.
6.1.3. . For Reimbursable Expenses
In addition to payments provided for in paragraphs 6.1.1 and 6.1.2, OWNER shall pay ENGINEER
for Reimbursable Expenses incurred by ENGINEER and ENGINEER's Subcontractors as set forth
in Exhibit A. The amount payable for Reimbursable Expenses will include a factor to the extent so
indicated in Exhibit A.
6.1.4. Tax on Services
The amount of any excise, VAT or gross receipts tax that may be imposed shall be added to the
compensation as determined above.
6.2. Other Provisions Concemine P~vrnents
6.2.1. Preparation of Invoices
Invoices for Basic and Special Services and Re~bursable Expenses ~iII.be prepared in accordance
with ENGINEER's standard invoicing practices and will be submitted to OWNER by ENGINEER
at least monthly. The amount billed for Basic Services and Special Services in each invoice will be
caIculated on the basis set forth in Exhibit A. Invoices are due and payable on receipt.
6.2.2. Unpaid Invoices
If OWNER, for any reason, including, but not limited to, the failure of its systems to be Year 2000
Compliant, fails to make payment due ENGINEER for services and expenses within thirty days after
receipt of ENGINEER's invoice therefor, the amounts due ENGINEER will be increased at the rate
of 1.0% per month (or the maximum rate of interest permitted by law, if less) from said thirtieth day;
and, in addition, ENGINEER may,. after giving seven days' written notice to OWNER, suspend
Services under this Agreement until ENGINEER has been paid in full all amounts due for services,
expenses and charges. Payments will be credited fll"St to interest and then to principal. In the event
of a disputed or contested billing, only that portion so contested may be withheld from payment, and
the undisputed portion will be paid.
OWNER agrees to pay ENGINEER all costs of collection including but not limited to reasonable
attorneys' fees, collection fees and court costs incurred by ENGINEER to .collect properly due
payments.
ARTICLE 7 - OPINIONS OF COST
7.1. Opinions of Probable Construction Cost
ENGINEER's opinions of probable Construction Cost provided for herein are to be made on the basis of
ENGINEER's experience and qualifications and represent ENGINEER's best judgment as an experienced
and qualified professional engineer generally familiar with the construction industry. However, since
ENGINEER has no control over the cost of "labor, materials, equipment or services furnished by others, or
over the Contractor's methods of determining prices, or over competitive bidding or market conditions,
ENGINEER cannot and does not guarantee that proposals, bids or actual Construction Cost will not vary from
opinions of probable Construction Cost prepared by ENGINEER. If OWNER wishes greater assurance as to
probable Construction Cost, OWNER shall employ an independent cost estimator as provided in paragraph
4.6.1.
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ARTICLE 8 - GENERAL CONSIDERATIONS
8.1 Year 2000 Compliance
8.1.1. The ENGINEER will require all of its SUBCONTRACTORS (if any) to supply materiaIs, products,
equipment and/or services to the ENGINEER for this PROJECT which are Year 2000 compliant. In
addition ENGINEER shall specify in the plans and specifications it provides (if any) pursuant to this
Agreement that all materials, products and equipment and/or services to be provided by the
Construction Contractor and vendors shall be Year 2000 Compliant
"Year 2000 Compliant" is the ability of a system, process or item to:
(I) Handle date infonnation before, during and after midnight, December 31, 1999, including. but not limited
to: accepting date input, providing date output, and perfonning calculations and comparisons on dates or
portions of dates. Date interpretation and manipulation must be correct for all valid date values within the
application domain. Regarding all calendar-related date and calendar-related processing of date data, the
system/process will not malfunction, will not cease to function, will not generate incorrect data, and will
not produce incorrect results.
(2) Function accurately and without interruption before, during and after January 1,2000, without any change
in operations associated with the advent of the new century.
(3) Respond to two-digit year-date input in a way that resolves the ambiguity as to the century in a disclosed,
defined and predetennined manner. Interfacing software must make the same century assumptions when
processing two-digit years. Accurately process and exchange date/time data when used in combination
with another system, process or item. .
(4) Process the year 2000 as a leap year. In addition to. the year 2000 leap year dates (February 28-29; March
I, 2000), the following specific dates, and the transition to and from these specific dates, must be
processed without error: December 31, 1998; January I, 1999; September 9, 1999; September 10, 1999;
December 31, 1999; January 1,2000; December 31,2000; January 1,2001; December 31, 2004; and
January 1,200S.
(5) Correctly handle date field containing non-date infonnation and correctly handle a date held in a non-date
field. .
(6) Correctly process any date with a year specified as "99" and "00" regardless of other subjective meanings
attached to these values.
8.1.2. ENGINEER will pass any and all warranties it can reasonably obtain from its
SUBCONTRACTORS pertaining to Year 2000 Compliance directly to OWNER and will require the
Construction Contractors and their vendors to provide warranties on Year 2000 Compliance directly
to the OWNER.
8.1.3. OWNER agrees that its exclusive and sole remedy for Year 2000 Compliance issues will be the
rights that it has pursuant to the warranties provided by the SUBCONTRACTORS and
CONSTRUCTION CONTRACTORS.
8.1.4. LIMIT OF LIABILITY
IN RECOGNITION OF THE RELATIVE RISKS AND BENEFITS OF THE
PROJECT TO BOrn THE OWNER AND ENGINEER, THE RISKS HAVE BEEN
ALLOCATED SUCH THAT THE OWNER AGREES, TO THE FULLEST
EXTENT PERMITTED BY LAW, TO LIMIT THE LIABILITY OF ENGINEER
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AND ITS SUBCONSULTANTS TO THE OWNER FOR ANY AND ALL CLAIMS,
LOSSES, COSTS, DAMAGES OF ANY NATURE WHATSOEVER OR CLAIMS
EXPENSES FROM ANY CAUSE OR CAUSES RELATING TO YEAR 2000
COMPLIANCE, SO THAT THE TOTAL AGGREGATE LIABILITY OF
ENGINEER AND ITS SUBCONSULTANTS TO THE OWNER SHALL NOT
EXCEED THE LESSER OF THE ENGINEER'S FEE PAID BY OWNER OR
510,000. SUCH CLAIMS AND CAUSES INCLUDE, BUT ARE NOT LIMITED TO:
NEGLIGENCE, PROFESSIONAL ERRORS OR OMISSIONS, STRICT
LIABILITY, BREACH OF CONTRACT OR WARRANTY.
8.2. Termination
The obligation to provide further services under this Agreement may be terminated by either party upon
thirty days' written notice in the event of substantial failure by the other party to perform in accordance with
the terms thereof through no fault of the terminating party. In the event of any termination, ENGINEER will
be paid for all services rendered and reimbursable expenses incurred to the date of termination and, in
addition, all reimbursable expenses directly attributable to termination.
8.3. Reuse of Documents
All documents provided or furnished by ENGINEER (or ENGINEER's Subcontractors) pursuant to this
Agreement are instruments of service in respect of the Project, and ENGINEER and ENGINEER's
Subcontractors, as appropriate, shall retain an ownership and property interest therein (including the right of
reuse by and at the discretion of ENGINEER and ENGINEER's Subcontractors, as appropriate) whether or
not the Project is completed. OWNER may make and retain copies for information and reference in
connection with the use and occupancy of the Project by OWNER and others; however, such documents are
not intended or represented to be suitable for reuse by OWNER or others on extensions of the Project or on
any other project. Any such reuse without written verification or adaptation by ENGINEER and
ENGINEER's Subconsultants, as appropriate, for the specific purpose intended will be at OWNER's sole risk
and without liability or legal exposure to ENGINEER, or to ENGINEER's Subcontractors, and OWNER
-shall mdemnify and hold harmless ENGINEER and ENGINEER's Subconsultants from all claims, damages,
losses and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or
adaptation will entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and
ENGINEER.
8.4. Mutual Waiver ofConsequentiaJ Damages
Notwithstanding any other provision of this Agreement to the contrary, neither party shall be liable to the
other for lost profits or any special, indirect, incidental, or consequential damages in any way arising out of
this Agreement however caused under a claim of any type or nature based on any theory of liability
(including, but not limited to: contract, tort, or warranty) even if the possibility of such damages has been
communicated.
8.5. Controlline: Law
This Agreement is to be governed by the law of the principal place of business of ENGINEER.
8.6. Successors and Assie:ns
8.6.1. OWNER and ENGINEER each is hereby bound and the partners, successors, executors,
administrators and legal representatives of OWNER and ENGINEER (and to the extent permitted by
paragraph 8.6.2 the assigns of OWNER and ENGINEER) are hereby bound to the other party to this
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Agreement and to the partners, successors, executors, administrators and legal representatives (and
said assigns) of such other party, in respect of all covenants, agreements and obligations of this
Agreement.
8.6.2. Neither OWNER nor ENGINEER may assign, sublet or transfer any rights under or interest
(including, but without limitation, moneys that may become due or moneys that are due) in this
Agreement without the written consent of the other, except to the extent that any assignment,
subletting or transfer is mandated by law or the effect of this limitation may be restricted by law.
Unless specifically stated to the contrary in any written consent to an assignment, no assignment will
release or discharge the assignor from any duty or responsibility under this Agreement.
8.6.3. Unless expressly provided otherwise in this Agreement:
8.6.3.1. Nothing in this Agreement shall be construed to create, impose or give rise to any duty
owed by ENGINEER to any Contractor, Subcontractor, Supplier, other person or entity,
or to any surety for or employee of any of them, or give any rights in or benefits under
this Agreement to anyone other than OWNER and ENGINEER.
8.6.3.2. All duties and ~sponsibilities undertaken pursuant to this Agreement will be for the sole
and exclusive benefit of OWNER and ENGINEER and not for the benefit of "any other
. party.
8.7. Notices
Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address
which appears on the signature page to this Agreement (as modified in writing from time to time by such
party) and given personally, by registered or certified mail, return receipt requested, by facsimile, or by a
nationally recognized overnight courier service. All notices shall be effective upon the date of receipt.
8.8. Severability
Any provision or part of the Agreement held to be void or unenforceable under any law or regulation shall be
deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and
ENGINEER, who agree that the Agreement shall be refonned to replace such stric~en provision or part
thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of
the stricken provision. "
8.9. Insurance
ENGINEER shall procure and maintain insurance for protection from claims under workers' 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.
8.10. Discovery
ENGINEER shall be entitled to compensation on a time and materials basis when responding to all requests
for discoveries relating to this Project and to the extent that ENGINEER is not a party to the lawsuit
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8.11. Unfor~seen Conditions
At any time during the life of this Agreement should any substance be uncovered or encountered at the site
that would void or otherwise adversely impact the ENGINEER's professional liability insurance, the
ENGINEER reserves the right to renegotiate the tenns and conditions of this Agreement, the fees for the
ENGINEER's services, and the ENGINEER's continued involvement in the Project
8.12. Nondiscrimination and Aftinnative Action
In connection with its performance under this Agreement, ENGINEER shall not discriminate against any
employee or applicant for employment because of race, color, creed, religion, age, sex, marital status, sexual
orientation or atiectional preference, national origin, ancestry, citizenship, physical or mental handicap or
because he or she is a disabled veteran or veteran of the Vietnam era. ENGINEER shall take aftinnative
action to ensure that quaIified applicants are employed and that employees are treated during employment
without regard to their race, color, creed, religion, age, sex, marital status, sexual orientation or affectional
preference, national origin, ancestry, citizenship, physical or mental handicap or because he or she is a
disabled veteran or veteran of the Vietnam era. Such actions shall include recruiting and hiring, selection for
training, promotion, fixing rates or other compensation, benefits, transfers and layoff or termination.
ARTICLE 9 - EXHIBITS AND SPECIAL PROVISIONS
9.1. This Agreement is subject to the provisions of the following Exhibits which are attached to and made a part
of the Agreement:
9.1.1. Exhibit A, "Further Description of Engineering Services and Related Matters," consisting of 2-.
pages
9.1.2. N/A
This Agreement (consisting of Pages 1 to 10 inclusive, and the exhibits identified above) constitute the entire
agreement between OWNER and ENGINEER and supersede all prior written or oral understandings. This
Agreement may only be amended, supplemented, modified or canceled by a duly executed written instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective as 'ofthe date fust above
written.
OWNER:
By:~~ T. ""~
Title: C I+--Y M ~ J a..a~
Address for giving notices:
Address for giving notices:
? D. B B\L. '\'.5'
~f}rf~, T,,- i'5i1..-II/~
1800 West Loop South
Suite 1550
Houston, Texas 77027
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EXHIBIT A
FURTHER DESCRIPTION FO ENGINEERING SERVICES AND RELATED
MATTERS BETWEEN OWNER AND ENGINEER
FOR
LITTLE CEDAR BAYOU WASTEWATER TREATMENT PLANT
SOLIDS HANDLING STUDY
This description of services is for perfonning all necessary tasks to complete a Solids Handling
Study for the City of LaPorte Little Cedar Bayou Wastewater Treatment Plant (WWTP). The
goal of the study will be to determine recommended improvements to the sludge handling
facilities.
The scope of services includes eight (8) major tasks. An outline of the major tasks is as follows:
Task 1 - Project Kickoff Workshop
Due to the short time frame established for this project, a workshop will be held with members of
the CDM design team. and City of LaPorte staff. The purpose of the workshop will be to discuss
concerns regarding the existing sludge handling facilities and the potential solutions to those
concerns. The workshop will result in a clearly defined work plan for proceeding with the study.
Workshop results will be summarized in meeting minute fomtat and delivered to the City.
Those minutes will be used as a basis for proceeding with the study.
Task 2 - Collect and Review Data
this task will consist of obtaining and reviewing existing reports, pennits, maintenance records,
plans and specifications, and other relevant documents. The purpose of this task is to ensure the
best available data is used. Iilput from City staff regarding the collected data will help to
establish the best data to utilize. Collection and review of data will allow the project team to
become familiar with the' configurations and physical conditions of the existing facilities.
Task 3 - Assess Existing Facilities
To develop viable options for the solids handling facilities, CDM must understand the condition
and capabilities of the existing facilities at the Little Cedar Bayou WWTP. CDM will conduct an
on-site audit of the wastewater treatment plant sludge handling facilities to detennine their
reliability, vulnerability, and suitability for rehabilitation, etc. The audit will include evaluations
of the following:
A. Sludge Pumping Facilities: Physical inspections of all sludge pumping stations will be
conducted. Testing of each pump in manual operation will be perfonned. Flow and head
conditions will be verified where possible through physical measurements. Electrical
components, including motor control centers and local control panels will also be
inspected for each sludge pump. As a part of the sludge pumping evaluation, the
RAS/W AS valving arrangement will also be reviewed.
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B. Aerobic Digesters: Inspection ofthe aerobic digesters will included taking one of the
digesters out of service for inpsection of all diffusers, air piping, drain piping, etc. The
overall condition and integrity of the structure will also b~ inspected.
C. Blowers: Each blower that supplies air to the aerobic digesters will be inspected. The
inspection will include operating each blower in the manual mode and verification of
operation through visual methods or through actual field measurements of flow, pressure,
amperage draw, etc. Electrical components, including motor control centers and local
controls, will also be inspected for integrity.
D. Sludge Thickener: The existing gravity thickener will be inspected and tested.
Verification of operation through visual inspection will be performed. All electrical
components will also be inspected and evaluated as a part of the audit process.
E. Polymer System: An evaluation of the polymer system including dry polymer mixing,
polymer storage, polymer feed pumps and wet polymer injection/mixing will be
conducted. . Operation of all steps in the polymer mixing and feed system will be
observed during the audit. Electrical components will also be inspected.
F. Belt Filter Press: A thorough inspection of the existing belt filter press and all of its
ancillary facilities will be conducted as part of the audit. Operation ofthe belt press will
be observed at varying conditions (i.e. belt speed, sludge feed, polymer feed). These data
will be utilized to determine the operating efficiency of the belt press versus rated
performance. Electrical and control components will also be inspected.
'G. Other Facilities: Inspection of all other ancillary components related to the sludge
handling facilities will be inspected as part of the audit. These facilities may include
sludge loading, miscellaneous pumping/piping facilities, controls, etc.
In addition to the actual inspections of facilities, interviews with operations and maintenance
staffwill be conducted. The interviews will focus on the vulnerabilities within the sludge
handling system.
Task 4 - Determine Proiected Slud~e Production
Historical sludge production and flow records and population projections will be utilized to
determine the projected sludge production from the Little Cedar Bayou WWTP. Existing
planning documents, population projections, and wastewater master planning documents will be
utilized. It is not the intent of this task to recreate data or perform an extensive planning study.
A task memorandum summarizing the projected sludge production will be delivered to the City
for comment following this task.
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Task 5 - Develop and Evaluate Alternatives
Based on the findings of Tasks 1 through 4, CDM will develop alternatives for improvements to
the sludge handling facilities existing and proposed regulations (Chapters 317 and 217,
respectively) at the Little Cedar Bayou WWTP. The alternatives will focus on improvements to
the sludge handling facilities in the following areas:
A. Sludge Digesters: The Little Cedar Bayou WWTP has inadequate aerobic digester
capacity. Without proper digestion, pathogen destruction can be incomplete and sludge
dewatering can be more difficult. A main focus of the evaluation and alternatives
development will be toward solving this problem including provisions to comply with the
proposed Chapter 217 regulations for aerobic digestion. The following solutions will be
evaluated: 1) adding additional digester capacity, 2) adding a pre-thickening step
preceding aerobic digestion to increase the solids concentration in the sludge, thereby
decreasing the volume of sludge fed to the digesters, or 3) a combination of additional
digester capacity and pre-thickening. It is not anticipated that alternative methods of
stabilization will be evaluated. However, a brief review of those alternatives will be
discussed with the City. Alternative methods may be warranted if the method of sludge
disposal is to be modified in the future (i.e. sludge reuse or land application). In addition
to digester capacity issues, an evaluation of the blowers, air piping and diffusers will be
performed. Based on the condition of the existing equipment/facilities, recommendations
will be made for rehabilitation or replacement. In particular, efficiency improvements
will be recommended that could reduce operational costs.
B. Sludge Thickening: The use of the existing gravity sludge thickener will be evaluated.
_ Its viability in the sludge handling scheme will be re.viewed and recommendations will be
made. Factored in to the continued use ofthe thickener will be the reliability of the
sludge collection mechanism and the costs associated with maintaining that equipment:
C. Sludge Dewatering Process: The overall sludge dewatering process will be evaluated,
including polymer feed, sludge feed and dewatering. The dewatering process will be
evaluated as a complete process, but individual components will be evaluated as a part of
that process. Alternatives will be developed for improvements to the process with the
focus being on providing a system that is reliable, is simple to operate, provides adequate
redundancy, and is easy to maintain. Alternatives evaluated for the sludge dewatering
process will include: 1) rehabilitation or replacement of sludge conditioning and
dewatering equipment within the existing sludge handling building, 2) modification or
enlargement of the existing sludge dewatering building and rehabilitation or replacement
of equipment within that building, or 3) construction of a new sludge dewatering
building. Due to the constraints within the existing sludge dewatering building, it is
anticipated that the study will focus on a new sludge dewatering facility. However,
investigation of all alternatives will be performed to ensure the best comprehensive
solution.
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D. SludgeLoading: The existing dewatered sludge loading method is operator intensive.
Methods to improve the sludge loading process will be evaluated and alternatives will be
developed. Modifications to this process are contingent upon the recommendations made
in (C.) above. If a new sludge dewatering building is proposed, a design for efficient
sludge loading will be incorporated.
E. Miscellaneous Facilities: An evaluation of the entire sludge handling process will be
performed. Any modifications that will improve the overall reliability of the system will
be evaluated and recommendations made. A particular focus will be on those items that
may reduce operations and maintenance costs over the life of the project.
The alternatives will be evaluated using both cost and non-cost factors. The non-cost factors will
include system reliability, ease of maintenance, ease of operation, compatibility with existing
plant facilities, ease of implementation and other factors that may be developed as a part of the
kickoff workshop. Non-cost factors will be evaluated with a matrix ranking system. Cost
comparison of alternatives will be performed using a life-cycle cost analysis on a present worth
basis.
Task 6 - Ouality Assurance/Ouality Control
The assumptions, analyses, findings, and conclusions of this study will be reviewed by senior
members of the company who have experience and expertise in this type of work. Deliverables
will also be reviewed by City staff to ensure that project objectives are met and the selected
alternative satisfies the City's needs. All comments, suggestions, and recommendations will be
addressed and incorporated as appropriate.
task 7 - Prepare Budgetary Cost Estimate
This task will serve to advise the City of probable costs of the recommended improvements so
that appropriate steps can be taken to identify funding sources for the project. Cost estimates
will have been prepared for each alternative as part of Task 5. Here, CDM will prepare a final
compiled cost estimate for the recommended alternative for planning purposes. The estimate
will be based on previous experience, in-house bid tabulations and data, rough material take-offs,
and other pertinent information. The cost estimate will be delivered to the City prior to the
report in order to meet budget planning deadlines.
Task 8 - ReportJPresentation
This task will include the delivery of draft and final study reports to the City. Five (5) copies of
the draft report will be delivered to the City for review. Following review by the City, a meeting
will be held to discuss the City's comments as well as CDM's internal review comments.
Following the review meeting, all pertinent comments will be addressed and incorporated into
the final version of the document. Five (5) copies of the final report will be delivered to the City.
A presentation summarizing the findings of the study will be made to City staff or council as
required.
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Schedule
The above tasks will be completed in accordance with the attached schedule.
Costs
The project shall be performed for a lump sum fee of$49,780 to be paid in accordance with the
following:
Completion of Existing Facilities Assessment: 20%
Delivery of Draft Report: 75%
Acceptance of Final Report: 100%
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August
7/30
.J JulL
6/11 I 6/18 I 6/25 7/2
June
I -
5/21 5/28 6/4
7/23
7/20
7125
7/16
I"~'--''''''''.'."''''''I 7/17
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7/9
7/10
7111
.
7111
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s.. :.: '.: :::.:.:;;::;;ti:::::'::,::j Rolled Up Task :::::Y:';::::::;::~i::::.:::::!V.::..':.:i:::lI External Tasks
. - Rolled Up Milestone 0 Project Summary
+ Rolled Up Progress
. Spl
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ID 9- Task Name
1 Initial Report Preparation
-
2 :3 Project Kickoff Workshop
-
3 :3 Collect and Review Data
-
4 :3 Assess Existing Facilities
-
5 :23 Estimate Projected Sludge Production
-
6 Develop and Evaluate Alternatives
-
7 :23 Deliver Budgetary Cost Estimate
-
8 :23 Prepare Preliminary Report
-
9 '3 Submit Preliminary Report
-
10 Quality Assurance I Quality Control
-
11 ~ Internal COM Review
,
-
12 3 I City of LaPorte Review
13 "1 "
; Prepare Final Report I Presentation
I
::23 I
14 : Final Report Preparation
15 ::23 Presentation
Task
Progress
Milestone
Summary
Project: La Porte Schedule
Date: Thu 5/11100
10 H/C-- t.t1'~/(jO
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To: John Joems, Assistant City Manager
From: Steve Gillett, Director of Public Wo
CC: Robert T. Herrera, City Manager
Date: 04/14/00
Re: Belt Press Replacement Study
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Memo
The FY 1999-2000 Utility CIP budget includes an engineering evaluation of the Little
Cedar Bayou Wastewater Treatment Plant belt press to determine replacement
alternatives. The belt press is used to dewater sludge prior to final disposal. The
original project included an engineering evaluation of the unit to determine the best
location and size of the proposed replacement. Funding for final design and
construction/purchase would be budgeted in future years.
After discussions with several engineering firms, it was determined that the entire
solids handling process should be examined. The original dewatering equipment
and structures were constructed in 1981, and construction of additional digester
capacity was included in the 1986 expansion of the Plant. With increasing solids
loading at the Plant in the past few years. detention time in the digester has fallen
from 21 days to less than 14 days, increasing the amount of solids per volume of
wastewater treated.
The proposed engineering study has been expanded to include an examination of
the entire solids handling process, including digester size, thickener size and location
and the belt press size and location. The proposed study will examine the need for
additional sludge handling capacity, as well as the physical location of needed
improvements to conform with the future expansion plans. Request for Qualifications
(RFQ) have been received and are currently under evaluation by staff. When
completed, a scope of work and proposed contract will be developed for presentation
to City Council.
. Page 1
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REQUEST:& CITY COUNCIL AGENDA ITE~
Agenda Date Reqnested: ~o
Requested By: S. Gill~~epartment: Public Works
_ Report _ Resolution XX Ordinance
Exhibits:
Ordinance No. 00-
Engineer's Recommendation and Bid Tabulation
SUMMARY & RECOMMENDATION
The FY 1999-2000 Utility CIP Fund includes two (2) waterline replacement projects that were designed and bid
as one project - Catlett Lane and Park Drive Waterline Replacement Project. The Project, designed by Claunch
& Miller, Inc., received bids on May 8, 2000, with four bids received. Low bid was submitted by Triple B
Services, Inc. in the amount of $217,460.00. Completion date is 90 days after receipt of notice to proceed. A
total of $300,000.00 was budgeted for this Project.
As illustrated by the attached bid tabulation, the bids ranged from a high of $364,187.31 to the low bid. Low
bid was checked by the Engineer for past work experience, safety experience and references. Tripple B
Construction Services was the contractor for the 1999 Water Replacement Project. Additionally, the Engineer
analyzed the bids to determine if low bid was unbalanced. Work experience, safety experience and references
checked out, and line item bids were well balanced.
A total of $257,230 is available for this Project. It is recommended that a contract be awarded to Triple B
Services, Inc. in the amount of $217,460.00. A contingency of $10,000.00 is also recommended.
Action Required by Council: Approve Ordinance No. 00- authorizing the City Manager to execute a
contract with Triple B Services, Inc. in the amount of $217,460.00 for the construction of the Project.
Additionally, authorize $10,000.00 for contingency.
Availability of Funds:
General Fund_ WaterlWastewater
...x Capital Improvement
Other
Account Number: 003-9890-817-5110 Funds Available: X YES NO
Approved for Citv Council Ae:enda
~~ T. ~~
Robert T. Herrera Date
City Manager
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ORDINANCE NO. 2000- ,,411
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY
OF LA PORTE AND TRIPLE B SERVICES, INC., FOR WATERLINE REPLACEMENT
ON CATLETT LANE AND PARK STREET; APPROPRIATING $217,460.00 PLUS A
CONTINGENCY OF $10,000.00, 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.
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 $217,460.00 plus
a contingency of $10,000.00 from the Capital Improvement Account
No. 003-9890-817-5110 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
ci ty for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
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ORDINANCE NO. 2000- a,lf!l
PAGE 2
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 22nd day of May, 2000.
CITY OF LA PORTE
By:4~
Mayor
ATTEST:
*J} .){JlfJ}
a ha A. Gillett
City Secretary
APPR~ . r
.rz:4d~~
Knox W. Askins
City Attorney
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CLAUNCH & MILLER, INC.
Engineering Consultants
May 10, 2000
Mr. Steve Gillette
Director of Public Works
City of La Porte
P.O. Box 1115
La Porte, Texas 77572-1115
lZ1 f~ [E n VI ~I~
'm MAY 11 2000 ~.,
PUBLIC WOR~ . !
~. .,...-~.
Re: Engineering Services for Waterline Improvements
on Catlett Lane and Park Drive
eM! Job No. 99075
Dear Mr. Gillette:
On May 8, 2000 bids were received on the above referenced project at the City Hall of La Porte at
2:00 p.m. Bids were opened and read in public. Four (4) bids were received on the project.
All bids were tabulated and reviewed. The following is a summary of our bid evaluation:
Bidder
Lowest:
Second:
Third:
Fourth:
Triple B Construction
JRC Construction
DEI Construction Services
Pas-Key Construction
Bid Amount i.
$217,460.00
$252,987.00
$294,792.30
$364,187.31
The difference between the low bidder and the second low bidder was $35,527.00. A copy of the
bid tabulation is attached.
Triple B Construction Services successfully completed the 1999 waterline project for the City of
La Porte. Therefore, Triple B Construction Services appears to be a responsible firm that is capable
of performing the specified work in a satisfactory manner. For this reason, we recommend that the
City of La Porte award the Waterline Improvements Project to Triple B Construction Services for
the amount of$217,460.00.
Sincerely,
CLAUNCH & MILLER, INC.
~ 2:,. ~ !?z:
James E. Thompson, P .E.
Senior Project Manager
3701 Kirby Drive, Suite 860. Houston, Texas 77098. (713) 524-7113
BID TABULATION FOR CONSTRUCTION OF CATLETT LANE ANO PARK DRIVE WATERLINE REPLACEMENT PROJECT
Paskey Construction Services
n---umT1r -TOTAL 1
II PRice II AMOUNT
DEI Construction
]1 UNIT I[ '"lOTAL
PRICE ~MOUNT
JRC Construction
UNIT If T01'AL
..RICE AMOUNT
~_B Services
l JI =j NIT~[ TOTAL
UNIT Lq~ PRICE A~QUNT
-
$ 135.840.05
$18,130.40
$8.229.62
$1.800.20
$3,302.05
$5.841.94
$3211.00
~
$14.210.82
$2,401.48
$1,500.115
$ 1 ,251!.78 1
~
~
$27.773.82
$11.022.84
~
$8.004.00
$57.8011.84
$960.58
.,;-~.
$37.05
i56.4ci
$311.18
soo:o;
s6iiil.41
$449.38
$329.ob
$1,881.15
$1,578.118
$600.37
$300.19
$1.258.78
$951.33
S63i.31
$514.33
$1,224.78
$7.40
$2.00
$7.34
$120.07
$111.880.50
"'i9.43i.Oo
W52.OO
$1oD.OO
$3.Oiiil.OO
S5.8siI.Oo
$iBii.OO
S1,8OO:OO
$15,300.00
$lI2O 00
~
$1.200.00
S9,9iiQ.Oo
$BOO:iiO
i2'9ToD.Oo
$11,250.00
i27.655.4O
$8,004.00
$34,654.40
$328.00
~
$33.00
$28.00
$35.00
~
$450.00
$380.00
$1,800.00
$1,700.00
S23il.OO
$150.00
$1.200.00
$1.100.00
$800.00
$550.00
$1,~
$5.30
$2.00
$4.40
$41.00
$104,338.50
~
S3.8ii.Dii
---wo:oo
$2.3so.oo
$4.6iiG.iiO
S245.5O
$2.1Jliii:iiii
$12,600.00
$800.00
$750.00
$225.00
$7,056.00
$224.00
$19,440.00
$2,070.00
$20,872.00
$i.Oii4.Oo
$27,588.00
~oo.oo
$28.50
$70.00
i24.OO
$43.50
s47ci:iiii
$360.00
$245.50
si9iio.Oo
it.4oiI.OO
$150,00
$150.00
$225.00
$784.00
$224.00
$380.00
$230.00
$4.00
$2.00
$3.50
$50.00
$82,237.00
$13,871.00
$7,155.00
$580.00
$2,850.00
$5,200.00
$150.00
$2,900.00
ii4.175.Oci
$600,001
$250.00'
$850.00
$5,400.00
$300.00
$17,550.00
$1,350.00
$23,481.00
$8,004.00
$35,442.00
$400.00
$17.00
~
$45.00
$29.00
$570.00
$400.00
$150.00
$2,900.00
i1.575.OO
$150.00
$50.00
$85Q.OO
i6iiD.OO
$300.00
$325.00
$~
$4.50
$2.00
$4.50
$50.00
3661
2ei
159
20
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5
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DESCRIPTION
,. ~ "j~~ 8'.~~.C900-.r.iie.uRe:open CUI, aU deplhs, Ind. fillinGs
_ ~,_ !~s!!,1I8' pvc C.9OO walertlne in auger hole, aU deplhs, incl. fillings
_ ~ InJIaU 6' PVC C.9OO wale~ine, open CUI, aU deplhs, Incl. filtings
. :4... Remove & .eplace ...is\. 1~' &all. swr. w11h 10' PVC C.1lOO presSllre pipe w/cernenl sand
5 8' gate valve & box, aU deplhs
.=.~ _ tgaleva~e&bOx.!!depl!!&
7 3' gale valve & box. aU depths
- ri - ',r..- 8; i.ip~g sleeve & valve
- 8 He.; jiR,-h;d;3ni,liii dePths
'jo' ~~.li8ii_
_1.1. ~~~~~_,
12 8' c:onnecUon
_9__~:~~
14 3- conneCllon
-"5 Se;;;t;;jCciiiiiiiCtioil' aU sizes, long or shor1
1'6- 6; cut & pj;.Q
_~.7__: ~:.~~~;&way ~val & replacement
!!. Trench salely system
19 N_ SIdewalk, incl. .emoval or exlsL. compaCllon or Sllbgrade, c:ompIICIlon In exlsLplpe zo
'~:.. ~!-;"_.6'asphaUl!!..vemenl - -- -- --
ll~~~~_-~~-,~
$~~~,!!I8.!!8.,
$3.541.00
$1.273.16
$1.1159.00
$ 1.468.00
$2,980.00
s;so:oo
$3.1$7.98
i2.571.65
$898.78
$1,320.82
s;:ooo.oo
.0:.
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$35.41
$318.29
$39.18
~
~
~
$1,578.118
~
~
$660.41
$20.00
$277,742.30
$3,050.00
$200.00
$ 1.400.00
$880.00
$2.120.00
~
$3,400.00
$2,750.00
$IlOO.00
$1.200.00
$1,000.00
$30.50
$50.00
$28.00
$4.40
$5.30
$3.00
$1,700.00
$550.00
$450.00
$600.00
$20.00
.3'~~,m,0l!
$2.850.00
$200.00
$1,200.00
$700.00
$1,600.00
$150.00
$2.8O!'.00
$1,800.00
$720.00
$940.00
$1,000.00
. '
~
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$24.00
$3.50
$4.00
$3.00
$1.400.00
~
$360.00
$~
$20.00
$202,745.00
$1,700.00
$200.00
$2,250.00
$900.00
$1.800.00
$150.00
$3,150.00
$1,825.00
$800.00
$1,140.00
$1,000.00
$17.00
~
$45.00
$4.50
~
~
$1.575.00
~
$400.00
$570.00
$20.00
TOTAL BID ITEMS
100
4
~
200
400
50
!..
5
2
!..
50
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S.F.
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C.Y.
SUPPLEMENTAL ITEMS:
-_~T- ~!'3 II" PVC C.9OO watertlne In open cut, aU depths
22 Extra CUI & plug exisl. water mains, al sizes
"]~ ,~;a6- PVC C.900 wallll1lne In open CUI, aU depths
24 Extra removal & replacement 01 sldewalk wlo 12" earlhwolk compo & compo pipe zone
25- Extra .emoval & reptacemenl 01 4' conc. driveways - --
-26 Extra bIock~- .
'.'27_, Exuaj~i!~niS--===
28 Extra service connections
-29- Exlra 6' gale valve & .;0;-
-30'- Exlra 8~;;.&'iiOx"'-
::YL ~elect blIck1iU.lncl. ~cIion
-
CMI JOB NO. 9g075
:$~~,~D.3~
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:$20,300i:j51
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$17,050,00
5277.742.30
$17,050.00
$294,792.30
$13,1160.00
:;,I2~~~7.:0l}
$13.960.00
S~~2.'~7 .00
-
$14,715.00
$202,745.00
$14,715.00
$217,480.00
CITY OF LA PORTE, TEXAS
TOTAL SUPPLEMENTAL ITEMS
TOTAL BID ITEMS:I
TOTAL SUPPLEMENTAL ITEMS:
OTAL AMOUNT BID:
MalhemaIiCaI EIIDl Correaed by Engtneer
BID DATE:5-8.{lD
IJ
III
III
II
II
II
II
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SPECIFICATIONS
AND
CONTRACT DOCUMENTS
FOR
CATLETT LANE AND PARJ( DRIVE
WATERLINE REPLACEMENT PROJECT
- CITY OF LA PORTE, TEXAS
APRIL, 2000
CMI JOB NO. 99075
,
~
CLAUNCH & MILLER, INC.
3701 KIRBY DRIVE, SUITE 860
HOUSTON, TEXAS 77098
(713) 524-7113
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STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is by and between
(hereinafter called OWNER.) and
Citv of Ea Porte
Trirlp R ~~rv;~~~, Tn~_
(hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:
ARTICLE 1 - WORK
1.01 CONTRACfOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally
described as follows:
Catlett Lane and Park Drive Waterline Replacement Project
. ;
ARTICLE 2 - THE PROJECT
2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described
as follows:
Catlett Lane and Park Drive Waterline Replacement Project
ARTICLE 3 - ENGINEER
3.01 The Project bas been designed by
Claunch & Miller, Inc.
who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities,
and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the
Work in accordance with the Contract Documents.
00500-1
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ARTICLE 4 - CONTRACT TIMES
4.01 nme of the Essence
A. AU time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment
as stated in the Contract Documents ale of the essence of the Contract.
4.02 Dates for Substantitll Completion and Final Payment
A. Thc Work will be substantially completed on or before " and
completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before
[orJ
4.02 Days to Achieve Substantitll Completion and Ymal Payment
A. The Work will be substantially completed within --9..<1-.- days after the date when the Contract Times
commence to nm as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in
accordance with paragraph 14.07 of the General Conditions within 90 days after the date when the Contract T'unes
commence to run.
4.03 Liquidated Damages
A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and ,that OWNER will
suffer financial loss if the Work is not completed within, the times specified in. paragr.i.ph, 4-'<)2:above~plus any extensions
thereof allowed in accordance with Article 12 of the General Conditions. ' The parties :atSd. recagriize the delays~ expense. and
difficulties involved in proving in a legal or arbitration:prOceeding.the acti1at ~ss suffered by: OWNER' if the Work is.not. ',:
completed on time. .Accordingly, instead of requiring any sw;hprOOf~ OWNERand'CQNTRACTOR,agree'\!1auslliip1idatdl' .'
damages for delay (lbut not as a penalty), CONTRACfOR'shall pay OWNER$: .." ; '.S"{L' no": for.each. day that:expi:res' afth; .'
the time specified in paragraph 4.02 for Substantial CoItlpletion until the Work:.iS"SubStanti31IY1tornplete. 'After .Substantiaf.: ,:" .
Completion, if CONTRACTOR shall neglect, refuse, or fail to complete 'the remaining Work Within the Contract Tunc' or any . ,
proper extension thereof granted by OWNER, CONTRACfOR shall pay OWNER $ $ 250 . 0 0 for each day that expires
after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready
for final payment.
NOTE TO USER
1. Where failure to reach a Milestone on time is of such consequence that the assessment of
liquidated dtuTulges for failure to reach one or more Milestones on time is to be provided,
appropriate amending or supplementing language should be inserted here.
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ARTICLE 5 - CONTRACT PRICE
-
-'--..,
i 5.01 OWNER. sbaJl pay CONTRACTOR for completion of the Worlt in accordance with the Coldnct Documents lUl amount
in current funds equal to the sum of the amounts determined pursuant to paragraphs S.OI.A, 5.01.8, and S.Ol.C below:
A. Por all Work other than Unit Price Work, a Lump Sum of:
'T'wn Rl1nnrpn ~pvpn"",:.t:ln ."hnl1Q;:l"n Fnl1T
(meww~) Hundred Sixty Dollars
($217.460.'0
(figure)
. AU specific cash- allowauces are included in the above price and have been computed in accordance with paragraph
11.02 of the General Conditions.
B. Por all Unit Price Work. an amount equal to the sum of the established unit price for each separately identified
item of Unit Price Wort times the estiinated quantity of that item as indicated in this paragraph 5.01.8:
UNIT PRICE WORK
&
1lmD
UDi1
Estimated
Ouanti\}'
Unit Price
Total
Estimated
.", .. I'~ : ~.:: t '. . ,'. i
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, . , : ". ..'. . 0, ~ . . . .
. I~':"i;~:;~-:;'" :. '.J .r< ~. .., ".
. .....: ",. .... "
. ~ ..:r. .. i.. . . !'
TOTAL OP ALL UNIT PRICES Twn HnnnTPn ~",v"'''''''''''n ThrmC::;:lIncf. .,'7 46bfo11ars)
Four Hundred Sixty Dollars (use words) .
As provided in paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed. and
determinations of actual quantities and classifICations are to be made by ENGINEER as provided in paragraph 9.08 of the
General Conditions. Unit prices have been computed as provided in paragraph 11.03 of the General Conditions.
C. For all Work. at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit.
NOTES TO USER
1. If adjustment prices for varitztions from stipu1llled Base Bid quantities have been agreed to,
insert appropriate provisions. See BF-4.
2. Depending upon the panicuku project bidform used, use A-5.01.A alone, A-5.01.A and
A-S.Ol.S together, A-S.Ol.B alone, or A-5.01.C alone, deleting those not used and
renumbering accordingly. If A-5.01. C is used, CONfRAcrOR's Bid is Oltached as an exIribiJ
and Usted in A-9.
---
ARTICLE 6 - PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions.
Applications for Payment will be processed by ENGINEER as provided in the General ConditioDS.
6.02 Progress Payments; Retainage
A. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's
Applications for Payment on or about the day of each month during performance of the Work as provided in
paragraphs 6.02.A.l and 6.02.A.2 below. All such payments will be measured by the schedule of vaIues establisIied in
paragraph 2.m.A of the GeneraI Conditions (and in the case of Unit Price Work based on the number of units completed) or,
in the event there is no schedule of values, as provided in the General Requirements:
1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage
indicated below but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER
may determine or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions:
a. _% of Work completed (with the balance being retainage). If the Work has been SO~
completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory
to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the
character and progress of the Work remain satisfactory to them. there will be no retainage on account of Work
subsequently completed, in which case the remaining progress payments prior to Substantial Completion will be
in an amount equal to 100% of the Work completed less. the aggregate of payments previously made; and
b.
retainage).
_ % of cost of materials and equipment not incorporated.in the Work'(with the.balance being..
2. Upon Substantial Completion, OWNER shall pay an amount sUfficient to increase. total paymei1ts to
CONTRACTOR to _% of the Work completed, less.SUch'ainOlimfas'E.NqINEER-'shallidetermine in acCordance :'.
with paragraph l4.02.B.5 of the General Conditions and less _ % of ENGINEER's estimate of the value of Work
to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the
certificate of Substantial Completion.
6.03 Frnal Payment
A. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditiom,
OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.07.
ARTICLE 7 - INTEREST
7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate of
_% per annum.
-- ---- ..o-,~;j~~,,~~~. ...-.~ .:';~~:.~~::':;..:~::~.;:~~_.~!;_;~~:~_~~~_~..~~.t ~_..~..,~,...
-
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ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS
8.01 In order to induce OWNER to enter into this Agreement CONTRAcrOR makes the following representations:
A. CONTRACfOR bas eYllmined and carefully studied the Conttact Documents aDd the olber related data identified
in the Bidding Documents.
B. CONTRAcrOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site
conditions that may affect cost, progress, and perforinance of the Work.
C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws aDd Regulations that may
affect cost, progress, and performance of the Work.
D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or
contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or
contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided
in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any,
at the Site which has been ideDti1ied in the Supplementary Conditions as provided in paragraph 4.06 of the General.Conditions.
NOTE TO USER
1. q the report! and/or drawings referred to in A-8.01.D do not exist, either modih A-8.01.D or delete
A-8.01:D tmd renumber accordingly.
E. CONTRAcrOR bas obtained and carefully studied (or assumes responsibility for having done so) all additional
or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface,
and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work w.which
relate to any aspect of the means, methods, teCbiliques,. sequenc~s, and .procedutes of. eoDstruction. to .be empl~yed. by
CONTRACTOR, including applying the specific means. .methOds; techDiques, sequences. .and:procedures of construction, if.' .
any, expressly required by the Contract DOcuments to be employed by CONTRAcrOR,~and safe.ty,;precautions and.programs! .. . .
bicidentthereto' li:...::-' ".. ,... : ". . . .
...... .. " ,"
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, NOTE TO USER
1. If the reports and/or drawings referred 10 in A-8.0I.D do not exist, delete the phrase
-additional or supplemenlllTy>> in the first sentence of A-8. OI.E.
F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or .
data are necessuy for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with
the other terms and conditions of the Contract Documents.
G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that
relates to the Work as indicated in the Contract Documents.
H. CONTRACTOR bas correlated the information known to CONTRACTOR, information and observations obtained
from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations.
investigations, explorations, tests, studies, and data with the Contract Documents.
I. CONTRACl'OR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that
CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable
to CONTRACTOR.
J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions
for performance and furnishing of the Work.
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9.
Addenda (numbers _ to _, inclusive);
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ARTICLE 9 - CONTRACT DOCUMENTS
9.01 Contmts
A. The Contract Documents consist of the following:
1. This Agreement (pages 1 to 8 ,inclusive);
2. Performance Bond (pages --L to...2.-, inclusive);
3. Payment Bond (pages -1-- to ~. inclusive);
4. Other Bonds (pages _ to _, inclusive);
a.
(pages to . inclusive);
--
b.
(pages _ to _, inclusive);
(pages _ to _, inclusive);
c.
S. General Conditions (pages ~ to ~, inclusive);
6. Supplementary Conditions (pages -L to ....lL, inclusive);
7. Specifications as listed in the table of contents of the Project Manual;
8. Drawings Consisting of a cover sheet and sheets numbered.~:thi'ough ll-, inclusive, witheaclnheet:
:. bearing. the followinggeneraI title: '.,,:-: I :;.. '. .. '..'.'.-;':'.'.-,:.,[ /.'. <"..' .
10. Exhibits to this Agreement (enumerated as follows):
a. Notice to Proceed (pages _ to _, inclusive);
-;.- -
b. CONTRACTOR's Bid (pages _ to _, inclusive);
c. Documentation submitted by CONTRACTOR prior to Notice of Award (pages _ to _,
inclusive);
d.
11. The following which may be delivered or issued on or after the Effective Date of the Agreement and arc
not attached hereto:
a. Written Amendments;
b. Work Change Directives;
c. Change Order(s).
B. The documents listed in paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise
above).
C. There are no Contract Documents other than those listed above in this Article 9.
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D. The Conttact Documents may only be amended. modified, or supplemented as provided in paragraph 3.05 of the
General Conditions.
ARTICLE 10 - MISCELLANEOUS
10.01 Tenns
A. Terms used in this Agreement will have the IJle!Aning.cz indicated in the GeneraI Conditions.
10.02 Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Contract will be biDding on another party
hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may
become clue and moneys that are due may not be assigned without such consent (except to the extent that the effect of this
restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment. no
assiga.ment will release or discharge the assignor from any duty or responsibility under the Contract DocuInents.
10.03 Successors and Assigns
A. OWNER and CO~CTOR each binds itself, its partnen, successon, assigns, and legal representatives to the
other party hereto, its partDen, successors, assigns. and legal representatives in respect to all covenants, agreements. and
obligations contained in the Contract Documents.
10.04 Severobility
.', A...... Any provision or part of the Contract Docuinents'He1d to be void or unenforte~bte under any Law or Regulatioil
shall be- ..deeD1ed stricken, ..ana. all .remaining provisionS: Shali. !'continue to. .be valid" 8ild: .binding upon :()WNER-::and
CON'rRACfOR, who airee tbBt the Contract Document8ShaIl"tie~tormed to repl~ce'such stricken provision or pan1hereof' i;.'
with a valid an4 enforceable provision that comes as close :as. poSsible' (o;expressing the intention of the strieken provuion:
10.05 OtMr Provisions
NOTE TO USER
1. Insert other provisions here if applicable.
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IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each
has been delivered to OWNER. and CONTRACTOR. All portioos of the Contract Documents have been signed or identified
by OWNER and CONTRACTOR or on their behalf.
NOTE TO USER
1. See 1-21 and correlate procedures for fomJ/lt and signing between the two documents.
'Ibis Agreement will be effective on
, _ (wbid1 is the Effective Date of the Agreemeut).
OWNER:
By~~ T. [-t~
~. [ro~~SEALJ
A ' 1irJ1 J .il
Address for giving notic:s:
CONTRACTOR: .
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(If CONTRACTOR is a corporation or a partnership, attach I
evidence of authority to sign.)
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Huffman.. .Texa~.
1]~36
OfO~isaco~mtion,a~m
evidence of authority to sign. If OWNER is a public
body, attach evidence of authority to sign and
resolution or other documents authorizing execution
of OWNER-CONTRACTOR Agreement.)
License No.
'1(,. t>~"1t)4
(Where applicable)
l'{ Ci J..h 'j 111 J1{,
Agent for service of process:
Designated Representative:
Address:
Designated Representative:
kf i ~ l?u.r ~f
Ti:lf.:__ pt).f S; &fJ(\}
Address: 7.., I 10 fWl Z ,1) 0
t..ha C{.('{\(Jrr W '71 J ~ ,
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Name:
Title:
Phone:
Facsimile:
Facsimile:
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00500-8
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REOUES'FOR CITY COUNCIL AGEA ITEM
Agenda Date Requested: May 22, 2000
Requested By: Doug Kneupper
Department: Planning
Report
Resolution
x
Ordinance
Exhibits: Ordinance
Bid Tabulation
Bidder's List
Summary & Recommendation
During the final design phase of the new Community Library building, The Planning
Department determined that the sanitary sewer connection was required to be lower than the
nearest connecting location we had available, therefore, an extension for the sanitary sewer
line was needed in order to achieve the required depth. The La Porte Community Library
Sanitary Sewer Project consists of installing approximately 1,070 lineal feet of 8 Inch sanitary
sewer pipe to provide service to the new proposed Community Library Building..
Survey, design and engineering were performed on this project utilizing City Staff. On May
15, 2000, the City received competitive bids from six qualified contractors (see attached Bid
Tabulation). Slack & Co. Contracting, Inc. of Houston, Texas submitted the low bid in the
amount of $35,592. Contract will be complete within 30 consecutive calendar days once
"Notice to Proceed" is issued.
Staff has reviewed the bids submitted and determined the low bid from Slack & Co.
Contracting, Inc. is within the budgeted amount and Slack & Co. Contracting, Inc. is
qualified to perform this work. Staff recommends that the City Council authorize the City
Manager to execute a contract with Slack & Co. Contracting, Inc. in the amount of
$35,592.00 and further authorizing $1,800.00 (5%) contingency for construction of the La
Porte Community Library Sanitary Sewer. Sufficient funds are available from the Utility
Capital Improvement Developer Oversizing/Participation program to fund this project.
Action Required by Council:
Consider approving an ordinance authorizing the City Manager to execute a contract with
Slack & Co. Contracting, Inc. in the amount of $35,592.00 and further authorizing $1,800.00
contingency for construction of the La Porte Community Library Sanitary Sewer.
Availability of Funds:
General Fund
X Capital Improvement
Other
Water /W astewater
General Revenue Sharing
Account Number:
003-9890-725-1100
Funds Available: X Yes
No
Approved for City Council Agenda
G(~TI ~~
Robert T. Herrera
City Manager
!i- \~- OD
Date
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ORDINANCE NO. 2000- t9.4/~
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT
BETWEEN THE CITY OF LA PORTE AND SLACK & CO.
CONTRACTING, INC. FOR CONSTRUCTION OF LA PORTE
COMMUNITY LIBRARY SANITARY SEWER; APPROPRIATING
$37,392.00 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.
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 $37,392.00
from Utility Capital Improvement Fund 003 to fund said contract.
Section 2. The City Council officially fmds, determines, recites,
and declares that a sufficient written notice of the date, hour, place and
su bject of this meeting of the City Council was posted at a place
convenient to the public at the City Hall of the City for the time required
by law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been
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ORDINANCE NO. 2000- ~f/~
open to the public as required by law at all times during which this
ordinance and the subject matter thereof has been discussed, considered
and formally acted upon. The City Council further ratifies, approves and
confirms such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
PASSED AND APPROVED, this May 22, 2000.
c;JllOF LA PORTE
/~~
Mayor
By:
ATIEST:
~d-Ifiljj;l
NI tha Gillett,
City Secretary
~~
Knox W. Askins,
City Attorney
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CITY OF LA PORTE
LA PORTE COMMUNITY LIBRARY SANITARY SEWER
CLP PROJECT #2000-7103
BID TABULATION
SLACK & COMPANY Y 30 $ 35,592.00
JOHNNY WEHBA CHECK 30 $ 37,335.00
CANYON CONSTRUCTION Y 40 $ 43,090.65
LRM CONSTRUCTION Y 30 $ 46,642.00
PAS-KEY CONSTRUCTION Y 60 $ 50,066.29
TRIPLE B SERVICES Y 45 $ 53,935.50
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CITY OF LA PORTE
LA PORTE COMMUNITY LIBRARY SANITARY SEWER
CLP PROJECT #2000-7103
Advertising
The Bayshore Sun - APRIL 30TH and MAY 7TH, 2000
Webba Backhoe Services
9915 N P Street
La Porte Tx 77571
Fa."( (281)471-4969
Bid Notice Faxed
R L utilitilities
POBox 1154
La Porte, Tx. 77571
Fax (281)-476-9996
La Porte Bayshore
Chambers of Commerce
Fax (281)471-1710
Associated General Contractors
3825 Dacoma
Houston, TX 77092
Phone: 713-843-3700
FAX: 713-843-3701
Follis Construction
III N. Broadway
La Porte, TX 77571
Phone: 281-471-6881
FAX: 281-471-6038
FORCE Corp.
PO Box 1079
La Porte, TX 77572-0853
Phone: 281-470-0550
FAX: 281-471-9627
Triple B Services
P.O. Box 836
Huffman, Texas 77336
Fax (281)324-134
Angel Brothers, Inc.
PO Box 570
Baytown, TX 77522
Phone: 281-421-5721
FAX: 281-421-2344
Moore & Moore General
Contractors
PO Box 1517
La Porte, TX 77572-1517
Phone: 281-471-0145
FAX: 281-471-0601
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Contractors That Picked Up Plans & Specifications
Webba Backhoe Services
9915 N P Street
La Porte Tx 77571
Fax (281)4714969
PasKey Construction Service
2129 Preston Ave.
Pasdena, Tx 77503
(281)477-0692
R L utilitilities
POBox 1154
La Porte, Tx. 77571
Fax (281)476-9996
Triple B Services
P.O. Box 836
Huffman, Texas 77336
Fa."C (281)324-134
Canyon Construction
3904 Cedarwood
Perland, Tx. 77584
(281)-489-3331
LRM Construction
1950 Knoll
Houston, Texas 77080
(713)935-0291
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GLP project NO. ~UUU-llUJ--- - .. --. -
LA PORTE COMMUNITY/:-I.BRARY SANITARY SEWER.~
Description '. Unit Estimated Unit, . Total
Quantities Price
NITARY SEWER LF 1071
I PVC SDR-26 PIPE)
$24.00 $25,704.00
TWENTY-FOUR DOLLARS AND NO CENTS
LINEAR FOOT
RE & JACK (FOR an LF 164
NITARY SEWER)
$45.00 $7,380.00
FORTY-FIVE DOLLARS AND NO CENTS
LINEAR FOOT
NHOLE (SANITARY SEWER) EA 2
$1,254.00 $2,508.00
ONE THOUSAND TWO HUNDRED FIFTY-FOUR DOLLARS AND NO CENTS
EACH
TOTAL ( $35,592.00 )
RTY-FIVE THOUSAND FIVE HUNDRED NINETY-TWO DOLLARS
NO CENTS
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AGREEMENT
CLP Project No. 2000-7103
THIS AGREEMENT, made this 22"d day of May ,2000, by and between the
CITY OF LA PORTE, hereinafter called "Owner", acting herein through its CITY
MANAGER and Slack & Co. Contractina. Inc.(a corporation) (a partnership) or (an
individual doing business as:) of Houston, County
of Harris ,and State of Texas, hereinafter called "Contractor".
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER, the CONTRACTOR
hereby agrees with the OWNER to commence and complete the construction described
as follows:
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LA PORTE COMMUNITY LIBRARY SANITARY SEWER
CLP PROJECT NO. 2000-7103
hereinafter called the project, for the Total Price of Thirty five Thousand Five
Hundred Ninety two Dollars and No Cents ($. 35.592.00 ) and all extra work in
connection therewith, under the terms as stated in the General and Supplementary
Conditions of the Contract; and
Further, that the CONTRACTOR agrees, at his (its or their) own proper cost and
expense, to furnish all the materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance, and other accessories and services necessary to
complete the said project in accordance with:
A. The terms and conditions stated in the Proposal and in the General
Conditions, and Supplementary Conditions of this Contract; Scope of Work
B. The plans, which include all maps, plats, blue prints, and other drawings
and printed or written explanatory matter thereof; and
C. The Specifications and other contract documents therefore, as prepared
by the City of La Porte, all of which are made a part hereof and collectively evidence
and constitute the contract.
Agreement 1 of 2
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The CONTRACTOR hereby agrees to commence work under this contract on or before
a date to be specified in a written "Notice to Proceed" of the Owner and to fully
complete the project within 30 calendar days thereafter.
The CONTRACTOR further agrees to pay, as liquidated damages, the sum of
$100 for each consecutive calendar day thereafter as hereinafter provided in
Paragraph SC-6 of the Supplementary Conditions.
IN WITNESS WHEREOF, the parties to these present have executed this
contract, each of which shall be deemed an original, in the year and day first above
mentioned.
City of La Porte
Name of Owner
SEAL
Attest:
By:G~T.~
Robert T. Herrera
City Manager
Title
City Secretary
Title
SEAL
By:
S L. t+<...k ..,. ~ ~rJT"R~'-TIAJ61]~'-
Name of Contracti Firm/)
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S nature of Authoriz Person
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Title of Authorized Person
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Address and Zip Code
fb us~./j. '1-to'2.S-
S" L. A-d:., J n.. - [e c-
Witness
Approved as to Form:
City Attorney
Agreement 2 of 2
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REQaT FOR CITY COUNCIL AGENDA&M
Agenda Date Requested: May 22, 2000
Requested By: Doug Kneuppe~
Department: Planning
Report
Resolution
xx
Ordinance
Exhibits:
Ordinance
Letter of Recommendation
Bid Tabulation
Bid Notification List
Summary & Recommendation
The City of La Porte requested formal bids for construction of Bay Forest Golf Course
Clubhouse Expansion, Project 727. This phase of improvements to the Golf Course
includes construction of an open-air pavilion, restrooms, and an expansion to the
kitchen area. As discussed during the retreat last summer, this interim phase of the
pavilion can be enclosed later and utilized as part of the ultimate Clubhouse and Pro-
Shop expansion. Plans and specifications were prepared for this project by a licensed
architect, Robert W. McKinney. The Notice To Bidders was sent to 18 contractors (a
bid notification list is attached). Five contractors returned bids for the project; the ,bids
were opened on May 1, 2000. The low bidder for the project is The Spigener
Corporation located in Pasadena with a bid of one hundred ninety thousand dollars
($190,000.00). A bid tabulation is attached. The architect's latest estimate for this
project was $230,000. We have set aside $200,000 for this project.
Staff Recommendation:
After staff review and concurring with the Architect's Letter of Recommendation, staff
recommends awarding this project to The Spigener Corporation based upon their
submitted base bid amount of $190,000.00. In addition, $9,500 (5%) should be
allocated as construction contingency. Projected length of the project is 90 days from
issuance of a notice to proceed. There is sufficient funding available in the specified
Capital Improvement account to fund this project.
Action Requested of Council:
Consider authorizing the City Manager to execute a construction contract with The
Spigener Corporation for construction of the Bay Forest Golf Course Clubhouse
Expansion and allocating $199,500 to fund said contract.
Availability of Funds:
General Fund
XX Capital Improvement
VVater~astevvater
Other
Account Number: 028-9896-727
Funds Available: XX Yes
No
Approved for City Council Agenda
6(~~ T. ~
Robert T. Herrera
City Manager
~... \~"'(fD
Date
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ORDINANCE NO. 2000- ff If /3
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT
BETWEEN THE CITY OF LA PORTE AND THE SPIGENER
CORPORATION FOR CONSTRUCTION OF THE BAY FOREST GOLF
COURSE CLUBHOUSE EXPANSION; APPROPRIATING $190,000.00
PLUS A CONTINGENCY OF $9,500.00, 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.
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
$190,000.00 plus a contingency of $9,500.00 from Golf Course Fund 028
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,
Chapter 551, Texas Government Code; and that this meeting has been
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ORDINANCE NO. 2000- ~~13
open to the public as required by law at all times during which this
ordinance and the subject matter thereof has been discussed, considered
and formally acted upon. The City Council further ratifies, approves and
confIrms such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
PASSED AND APPROVED, this 22nd day of May 2000.
By:
~ LA PORTE
N an~~
Mayor
AITEST:
~(J1-tlJ/L Nlltt!
M ha i lett
City Secretary
Knox W. Askins,
City Attorney
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PROJECT MANUAL
FOR
CLUBHOUSE EXPANSION
BAY FOREST GOLF COURSE
CITY OF LaPORTE, TEXAS
20 1 BAY FOREST DRIVE
LaPORTE, TEXAS
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. AGREEMENT
CLP Project No. 95-5001
TInS AGREEMENT, made this 22 day of Ma y , 2000 by and between the CITY
OF LAPORTE, hereinafter called "Owner", acting herein through its CITY MANAGER and
The Soigener Corporation (Name of Contracting Finn)
Strike out inapplicable terms: (a corporation) (ac~) or (lIXiml~clootxbdmnbmrillD6
as:) of County of Harris ,and State of
Texas, hereinafter called "Contractor"..
WITNESSETH: That for and in consideration of the payments and agreements hereinafter
mentioned, to be made and performed by the OWNER, the CONTRACTOR hereby agrees with
the OWNER to commence and complete the construction described as follows:
BAY FOREST GOLF COURSE CLUBHOUSE EXPANSION
CLP PROJECT NO. 95-5001
hereinafter called the project, for the Total Price of On~ Hllndr~d Ni n~t.y Thnll!=land
Dollars
($ 190.000.00 ) and all extra work. in connection therewith, under the terms as
stated in the General and Supplementary Conditions of the Contract; and
Further, that the CONTRACTOR agrees, at his (its or their) own proper cost and expense, to
furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor,
insurance, and other accessories and services necessary to complete the said project in
accordance with:
A. The terms and conditions stated in the Proposal and in the General Conditions, and
SupplementarY Conditions of this Contract; Scope of Work.
B. The plans, which include all maps, plats, blue prints, and other drawings and printed
or written explanatory matter thereof; and
C. The Specifications and other contract documents, therefore, as prepared by the City
of LaPorte, all of which are made a part hereof and collectively evidence and
constitute the contract.
The CONTRACTOR hereby agrees to commence work under this contract on or before a date to
be specified in a written "Notice to Proceed" of the Owner and to fully complete the project
within 90 calendar days thereafter.
Bid A&I:eement 1 of 2
. ._0.. __
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The CONTRACTOR further agrees to pay, as liquidated damages, the sum of $100.00 for
each consecutive calendar day thereafter as hereinafter provided in Paragraph SC-6 of the
Supplementary Conditions.
IN WITNESS WHEREOF, the parties to these present have executed this contr~ each of
which shall be deemed an original, in the year and day first above mentioned.
City of LaPorte
Name of Owner
SEAL
By: G<~ T; U~
Robert T. Herrera
Attest:
By: ~ 11(/11 iL!! lPt;J..
Martha Gillett
City Manager
Title
City Secretary
Title
SEAL
President
Title of Authorized Person
Witness
14 Pine Ave.
Address and Zip Code
a,TX 77503
Approved as to Fonn:
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Bid Agreement 2 of. 2
Ma~ 18 00 02:42p
Watkins Hamilton Ross
e
713-885-8213
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ROB E R T W. M c KIN N E Y A I A
16 May 2000
Mr. Doug Kneuppcr, P.E.
City Engineer
City of LaPorte
Box IllS
LaPorte, TX 77572
Re: Bay Forest Golf Clubhouse Expansion
CLP-95-5001
Doug,
The low bidder for the expansion of the clubhouse at Bay Forest is the Spigener
Corporation. We have reviewed their references and discussed the comments from their
references with the Spigener Corporation.
After interviewing the company and listening to their proposed approach to addressing
the project at Bay Forest, I believe that they can accommodate the needs of the city on
this project and, therefore, we should move forward with their contract. The attached
letter from Spigener demonstrates their desire to address the issues at Bay Forest.
Sincerely,
~
.
Robert W. McKinney, AlA
Enclosure
s._ ~_GoIl'CIU\noaII_'"
657~ W~'H LClOJ'South Suite 300 BellailP., Tr~llS i7401
PO Box 7671 Hnu..ron. T"xllS 11270-;671
(7131665.566~
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CITY OF LA PORTE
CLUB HOUSE & PRO SHOP EXPANSION AT
BAY FOREST GOLF COURSE
CLP PROJECT #95-5001
BID TABULATION
THE SPIGENER CORPORATION YES 90 YES $190,000.00
MOORE & MOORE CONSTRUCTION YES 110 YES $208,841. 00
CLEAR LAKE CONSTRUCTION YES 125 YES $243,000.00
RTG BUILDING COMPANY YES 180 YES $269,720.00
COMMODORE CONSTRUCTION YES 180 YES $270,000.00
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CITY OF LA PORTE
CLUB HOUSE & PRO SHOP EXPANSION AT
BAY FOREST GOLF COURSE
CLP PROJECT #95-5001
Advertising
The Bayshore Sun - April 9th and April 16th, 2000
Bid Notice Fa-xed
Derk Hannsen Construction Follis Construction FORCE Corp.
2820 Center Street III N. Broadway PO Box 1079
Deer Park, TX 77536 La Porte, TX 77571 La Porte, TX 77572-0853
Phone: 281-479-3400 Phone: 281-471-6881 Phone: 281-470-0550
Fax: 281-478-5115 Fax: 281-471-6038 Fax: 281-471-9627
Comex Corporation Commodore Construction Co. Moore & Moore Contractors
PO Box 862 55 Lyerly, Suite 100 PO Box 1517
Deer Park, TX 77536 Houston, TX 77022 La Porte, TX 77572-1517
Phone: 281-479-2322 Phone: 713-694-9371 Phone: 281-471-0145
Fax: 281-479-2069 Fax: 713-694-0714 Fax: 281-471-0601
E & S Construction, Inc. Hale-Mills Construction Co. RTG Building Co.
PO Box 5427 4130 Bellaire PO Box 0753
Pasadena, TX 77508 Houston, TX 77025 Seabrook, TX 77586
Phone: 281-476-4722 Phone: 713-665-1100 Phone: 281-838-1113
Fax: 281-479-6219 Fax: 713-665-4944 Fax: 281-838-1003
Trinity Builders Associated General Contractors Dodge Plan Room
515 Wisconsin Avenue 3825 Dacoma 4101 Greenbriar, #320
South Houston, TX 77587 Houston, TX 77092 Houston, TX 77098
Phone: 713-944-9292 Phone: 713-843-3700 Phone: 713-529-4895
Fax: 713-944-9599 Fax: 713-843-3701 Fax: 713-524-7639
Brooks Concrete Patak Construction, Inc. Clear Lake Construction
4018 Allen Genoa 1927 Hwy. 146 1909 Marvin Circle
Pasadena, TX 77504 Kemah, TX 77565 Seabrook, TX 77586
Phone: 713-947-8440 Phone: 281-334-9833 Phone: 281-474-3333
Fax: 713-947-8444 Fax: 281-334-9814 Fax: 281-474-3844
Construction Masters Trimble & Stephens The Spigener Corporation
PO Box 1587 4701 Gulf Freeway F-l 5314 Pine Ave.
Pearland, TX 77588 La Marque, TX 77568 Pasadena, TX 77503
Phone: 281-997-2640 Phone: 409-941-9700 Phone: 281-487-2024
Fax: 281-485-4702 Fax: 409-941-9711 Fax: 281-487-2497
R Hassell Builders Frost Constructors ChwnberofCommerce
PO Box 690767 8810 Will Clayton Pkwy, Ste. C PO Box 996
Houston, TX 77269 Humble, TX 77338 La Porte, TX 77572-0996
Phone: 281-586-0565 Phone: 281-446-6522 Phone: 281-471-1123
Fax: 281-893-6053 Fax: 281-446-0552 Fax: 281-471-1710
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REQUEST FO' CITY COUNCIL AGENDA ITEM.
Agenda Date Requested: May 22, 2000
Requested By: 1. L. Sease ~artment: Fire
X Report _ RetlUtion _ Ordinance
Exhibits: Bid Tabulation and Bidder List
Memo From Susan Kelly
Memo From Chris Osten, EMS Chief
SUMMARY & RECOMMENDATION
Funding in the amount of $60,000.00 was allocated in the current Capital Improvement budget to replace
the four MonitorlDefibrillators carried on the City's three ambulances and the EMS Supervisor vehicle.
Sealed Bid #0803 - 12-Lead MonitorlDefibrillators was opened and read on April 24, 2000. Bid requests
were mailed to three (3) vendors with three (3) returning bids. Low bidder meeting specifications is Zoll
Medical Corporation in the amount of $61,295.00. The lowest monetary bidder, Laerdal Medical
Corporation did not bid one of the options and did not meet the weight per unit specifications. Three of the
present four units will be trade-ins with the fourth unit placed in the EMS Chief's vehicle. Additional
funding in the amount of $1,295.00 is available from the Capital Improvement account # 015-9892-780 for
the Air Compressor project at the Training Field.
Action Required by Council: Approve awarding the bid to Zoll Medical Corp. in the amount of $61,295.00.
Availability of Funds:
General Fund Water/Wastewater
K Capital Improvement_ General Revenue Sharing
Other
Account Number: 015-9892-800 Funds Available: X YES NO
Approved for City Council A2enda
Q~T.~
Robert T. Herrera
City Manager
b-I g-. " D
Date
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BID TABULATION
BID # 803 - 12-lEAD MONITOR/DEFIBRilLATOR
MCUI
LAERDAL ZOLL'; PHYSIO-
MEDICAL MEDICAL CONTROL
DESCRIPTION QTY CORP CORP CORP
1) 12-lead MonitorlDefibrillator 4 $10,995.00 $14,748.75 $14,803.38
Total I $43,980.00 $58,995.00 $59,213.52
OPTIONS
1) Capnography 4 No Bid $3,500.00 $3,356.25
Sub-Total $14,000.00 $13,425.00
2) Integral Pulse Oximeter 4 Standard $1,200.00 $1,087.00
Sub-Total $4,800'.00 $4,348.00 .
TRADE-IN ALLOWANCE
Physio-Controllifepak 10 EKG Monitors 3 ($2,700.00) ($5,500.00) ($4,337.00)
Sub-Total ($8,100.00) ($16,500.00) ($13,011.00)
Grand Total $35,880.00 $61,295.00 $63,975,52
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BIDDER'S LIST
SEALED BID #0803 -12-LEAD MONITOR/DEFIBRILLATOR
LAERDAL MEDICAL CORP
PO BOX 1840
WAPPINGERS FALLS, NY 12590
MEDTRONIC/PHYSIO-CONTROL
11811 WILLOWS ROAD NE
REDMOND. WA 98073
ZOLL MEDICAL CORP
32 SECOND AVE
BURL.lNGTqN, MA 01803..4420
CHAMBER OF COMMERCE
P.O. BOX 996
LA PORTE, tx 77572~996
BAYSHORE SUN PUBLISH DATES:
APRIL 9. 2000' .
APRIL 16. 2000
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CITY OF LA. PORTE
INTEROFFICE MEMORANDUM
APRIL 25, 2000
TO:
FROM:
JOE SEASE, FIRE CHIEF
CHRIS. OSTEN, EMS CHIEF
SUSAN KELLEY, PURCHASING MANAGER ,)~
SEALED BID #0803 - 12-LEAD MONITOR/DEFIBRILLATOR
SU8J:
Advertised, sealed bids #0803 - 12-Lead Monitor/Defibrillator were opened and read ,of'!
April 24, 2000. Bid requests were mailed to three (3)' vendors. with three (3) returning
bids.
Copies of the bids are attach~ for your review.
Please submit your recommendation.with an agenda request fOrm by the prescribed time
before the next'regularcouncil meeting. If there is a need to delay bring'ing this ~id before
cou~cil, . please. notify me.
Attachment: Bid Tabulation
Bidt;fer's List
Bid Copies
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City of La Porte
Emergency
Medical
Service
Interoffice Memo
Tcx Joseph Sease, Director of Emergency Management
Frarn: Chris Osten, EMS Chief
DaII8l: 05/10/00
Rec Monitor Purchase
After extensive review of these bids, I recommend we purchase Zoll Monitors. If you have any
questions please contact me.