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HomeMy WebLinkAbout2000-05-22 Regular Meeting e e e e 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. e e 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 It - 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. e e 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. It e 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 e e 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 e e 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 e e I e e B 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 e e c City of La Porte Administrative Services Department Human Resources Division - e 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 e e D City of La Porte Administrative Services Department Human Resources Division e e 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 e 'e 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 e e 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 e e 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 1. hi- - 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 . e 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 ~ ATTEST: .' . e 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 . e 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. e e Name: Cynthia B. Alexand r Signature Title: Finance Director ~~ 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 e e 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 e e e e 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. e e 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 e e 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 . ' e 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 - e 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 e e 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 e e 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. e e e 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: e e 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 2 e e 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 . e e e 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 e e 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 e e 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 e e '. 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 e e 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. e e 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 e e 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: 1/99 Page 1 of 10 e e 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 1/99 e e 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 . 1/99 Page 3 oflO e e 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 1/99 Page 4 of 10 e e 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. Page S of 10 1/99 e e 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. Page 6 of 10 1/99 e e 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 1/99 Page 7 of 10 e e 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 1/99 Page 8 of 10 e e 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 1/99 Page 9 of 10 e e 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 1/99 Page 10 of 10 e e 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. W:\LaPorte\sludge.SCO.doc 5/1 1/00 drh Page 1 of5 e e 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. W:\LaPorte\sludge.SCO.doc 5/11/00 drh Page 2 of5 e e 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. W:\LaPorte\sludge.SCO.doc 5/11/00 drh Page 3 of5 e e 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. W:\LaPorte\sludge.SCO.doc 5/11/00 drh Page 4 of S e e 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% W:\LaPorte\sludge.SCO.doc 5/12/00 drh Page 5 of5 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 :~~E::;:~~i.:~::~t;r.:.; ~;;~':~:~. ..:::.'f 7/9 7/10 7111 . 7111 7111 s.. :.: '.: :::.:.:;;::;;ti:::::'::,::j Rolled Up Task :::::Y:';::::::;::~i::::.:::::!V.::..':.:i:::lI External Tasks . - Rolled Up Milestone 0 Project Summary + Rolled Up Progress . Spl - Page 1 6126 .. . 612~ :~~i~~~:;;J~~t~~.~~~;~~~t~~~}i~~~~~~1~~j' .:::~~~::::::: ~:::;::~f::T ~:~~??;: :~:::':~~: :~:;~~~~~~~: ~~ 6126 ~"!.. "::":;~~-;'.'. ,'~'.. ......:..--;;;...' ...:.~': ........... ", ".-. ':.:...:~~t.:::.::'.-.'.':':~':::'.'.";.':.;r. - +i 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 e T~', I""-~~l\" ""'~ c"-~ GH...... ftt.'- G\'\"~ 'fait. ~~ l~fb" ~~\o~ I..f/J,/t)O 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 r-- __ .... __ . 'ill m @ m II W ~ r.:-:! D~-._ .... -. I , . t I. ; APR 142000 ;1!:,:::; L___........ !- I A.--:1' Cl-\ '.' l' .;. ::-;... .:>'-'.. .., I. 'I.. .,;',;. .... .., -.__. ~_. ~-!:.Z~~ ~....~.~~~_. I 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 e e .I 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 e e 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. e e 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 ~ ~ e e 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 "5 .!!. 1 1 9 4 5 1 9 1 54 9 ~ 4002 7a76 8 !:!:. L.F. L.F. L.F. EA: ~ EA. EA. EA: ~ EA. EA. ~ ~ ~ EA. S.F. L.F. S.F. S.Y. 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:. .\;:::;' $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 . ' ~ ~ $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 $20.00 TOTAL BID ITEMS 100 4 ~ 200 400 50 !.. 5 2 !.. 50 L.F. EA. LF. S.F. S.F. S.Y. EA. EA. EA:" EA. C.Y. SUPPLEMENTAL ITEMS: -_~T- ~!'3 II" PVC C.9OO watertlne In open cut, aU depths 22 Extra CUI & plug exisl. water mains, al sizes "]~ ,~;a6- PVC C.900 wallll1lne In open CUI, aU depths 24 Extra removal & replacement 01 sldewalk wlo 12" earlhwolk compo & compo pipe zone 25- Extra .emoval & reptacemenl 01 4' conc. driveways - -- -26 Extra bIock~- . '.'27_, Exuaj~i!~niS--=== 28 Extra service connections -29- Exlra 6' gale valve & .;0;- -30'- Exlra 8~;;.&'iiOx"'- ::YL ~elect blIck1iU.lncl. ~cIion - CMI JOB NO. 9g075 :$~~,~D.3~ ~~,~.ll!!, :$20,300i:j51 '3f.t.*~;' .., ." .' ~ ~'. ;...,. ," -.... $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 I I I I I I I I I I I I rJl.. . e e 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 e e .-" I EJCDC 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 e e 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. -. e e -. 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 ," " .. ... "' , . , : ". ..'. . 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 ~_..~..,~,... - . 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:...::-' ".. ,... : ". . . . ...... .. " ," .:."7 .' ."..... ", . .' . .'0 . , 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. e e 9. Addenda (numbers _ to _, inclusive); '- .;. . . . . . . . """ . . ..11 '. . 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. . e 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. e e. 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: . ~: Trt~~SA~ Tn~ =-lC!7fL . I (,,;"'y nT T.a Dn"..te f I I I I I I (If CONTRACTOR is a corporation or a partnership, attach I evidence of authority to sign.) I I I p o Rny A16 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 ~ , I l{},- SZy- ~2"lf Z~I- 1Z'I- (.'~C)LI Pi101'.e : . - Name: Name: Title: Phone: Facsimile: Facsimile: !'!!' P!!!' 00500-8 Ii 'e e 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 . e 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 e . 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 e e 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 . . 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 . e 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 ~\ ~ a ~ EVlEl YN e KIENNEDY C~V~C CEN'fER ..-, co e 401 LA fP>OR'fE JUN~OR H~GH 501 LA fP>OR'fE ElEMEN'f ARY 637 778 51:2 525 PROPOSED NEW UIBAARY 500 I PROPOSED I 4 SEWER UNlE 530 505 530/1\ WEST E ST~EET EST f STREET .4 510 512 501 509 . 125 638 ttn w (Qt: ~ <<f) 1(0)2 ~15 1(0)4 114 124 ~ s: (Q) ~ {) (Qt: rnftI 80 8(o)~ 802 L.:=J \ I Il= 0 W W ~ ~ I \ (Q) 124 -;-. - ~ r I ~ N w 0 ~ ~ ~ L I 'i'"' r I WEST G STREET !!!!! ~02 ~(o)1 L--- ~04 ~(o)5 804 f-- ~(o)5 - ~11 - 815 - - .~ '.,... ,.. .,.... .'" ..~.;. "'~III:nll'~ :~.''f::,.y ':".'""" " '; '! ~ !'.~i'~' '.=,'.:'.:~ ."::. .' :.....0'.1.':..........:...-'... .',. .', .CONTRACTiDOOUMEf\JTS .,.-';:." ~.....", -. "..~..'...f. ....r.~:~..~~:.,~~"'..-. . .,' v .e. .." i . FOFFi~! ..... .' 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I .j .". . .' .:\ . : ~~! ~/ t...., '. .. 1.: 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 ( $35,592.00 ) RTY-FIVE THOUSAND FIVE HUNDRED NINETY-TWO DOLLARS NO CENTS e e . AGREEMENT CLP Project No. 2000-7103 THIS AGREEMENT, made this 22"d day of May ,2000, by and between the CITY OF LA PORTE, hereinafter called "Owner", acting herein through its CITY MANAGER and Slack & Co. Contractina. Inc.(a corporation) (a partnership) or (an individual doing business as:) of Houston, County of Harris ,and State of Texas, hereinafter called "Contractor". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to commence and complete the construction described as follows: I I I - . . . LA PORTE COMMUNITY LIBRARY SANITARY SEWER CLP PROJECT NO. 2000-7103 hereinafter called the project, for the Total Price of Thirty five Thousand Five Hundred Ninety two Dollars and No Cents ($. 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 ~ ---.. - !!!!!!!! ...... . .... - ,. t , ~ I , , . iiii -:lI ~ , I --. , , . -- . I -. e e 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/) ~ .. f/ /lJ.() S nature of Authoriz Person j)V'~ I "~T Title of Authorized Person I D b~?-. ~. fY} ~ J:V S' 7" 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 e e 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 e e 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 e e 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 e e PROJECT MANUAL FOR CLUBHOUSE EXPANSION BAY FOREST GOLF COURSE CITY OF LaPORTE, TEXAS 20 1 BAY FOREST DRIVE LaPORTE, TEXAS e e . 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.. __ e e 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: .' .. Bid Agreement 2 of. 2 Ma~ 18 00 02:42p Watkins Hamilton Ross e 713-885-8213 e p.2 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~ e e 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 e e 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 e e "- . - . -. . . . - 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 e e 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 e e 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 J'o e ..e 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 e e 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.