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HomeMy WebLinkAbout2000-08-14 Regular Meeting and Special Called Workshop Meeting e .. -- .::t~. e ,;".......:. .> . . .. e e MINUTES OF THE REGULAR MEETING AND SPECIAL CALLED WORKSHOP MEETING OF LA PORTE CITY COUNCIL AUGUST 14, 2000 1. CALL TO ORDER The meeting was called to order b)' Mayor Norman Malone at 6:00 p.m. Members of City Council Present: Councilpersons Guy Sutherland, Chuck Engelken, Peter Griffiths, Alton Porter, Deotis Gay, Charlie Young, Jerry Clarke, and Norman Malone. Members of Council Absent: Council member Ebow. Members of City Executive Staff and City Emplovees Present: City Manager Robert T. Herrera, City Attorney Knox Askins, Assistant City Manager John Joerns, City Secretary Martha Gillett, Finance Director Cynthia Alexander, Assistant Finance Director Mike Dolby, Director of Administrative Services Louis Rigby, Parks and Recreation Director Stephen Barr, Assistant City Secretary Janis Goulder, Public Works Director Steve Gillett, Fire Marshal Paul Hickenbottom, Administrative Assistant Carol Buttler, Secretary Crystal Scott, Purchasing Manager Susan Kelley, Assistant Fire Chief Champ Dunham, Assistant Public Works Director Buddy Jacobs, Tax Assessor Kathy Powell, Police Chief Richard Reff, Assistant Police Chief Aaron Corrales, Emergency Services Director Joe Sease, Planning Director Doug Kneupper, Human Resources Manager Lori Doughty, Deputy Clerk Charlotte Boudreaux, Deputy Clerk Rose Hall an~ Fire Chief Mike Boaze. Others Present: Mr. and Mrs. George Turany, Jeramy McNeal, Rose McNeal, Lawrence McNeal, Marian Scott, Rodney Scott, Vanessa Ward, Colleen Hicks, Sib Carpenter, Spero Pomonis, John Clarke, Robert Moore, Erin Lutich, Jerry Comperry and Ben Comperry and a number of citizens. 2. Sr. Deacon Tom Lewis ~ St. Mary's Catholic Church delivered the invocation. 3. Council considered approving the minutes of the Regular Meeting on July 24, 2000. Motion was made by Counciloerson Engelken to approve the minutes of the Regular Meeting of July 24. 2000 as presented. Second by Councilperson Clarke. The motion carried. Ayes: Engelken, Griffiths, Young, Clarke, and Malone. Nays: None Abstain: Sutherland Council member Gay arrived at 6:05 p.m. 4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAXPAYERS WISHING TO ADDRESS COUNCIL. . . . e e City Council Minutes 8-14-00 - Page 2 The following citizens addressed City Council. A. Erin Lutich and Robert Moore, Jr. - Mr. Moore spoke on behalf of he and Ms. Lutich. He advised Council they had questions and concerns regarding the process of notifying citizens about property with a delinquent tax status. Mayor informed them a staff member would contact them to discuss this matter. B. John Clarke - Mr. Clarke informed City Council he had concerns with regards to the street names, signs and block numbers near his home on Forrest Avenue near Sylvan Beach Park. He presented Council with a petition requesting relief from the confusing street numbers. 5. PRESENT A nONS A. Employee of the Quarter Administrative Secretary II Crystal Scott - Assistant City Manager John Joerns recognized Crystal Scott as Employee of the Quarter and presented her with a plaque. B. Retirement George Turany - Parks and Recreation Director Stephen Barr recognized the retirement of George Turany and presented him with a watch. 6. Council considered approving an ordinance authorizing a contract between the City of La Porte and the City of Shoreacres for tax collection operations. Director of Finance Cynthia Alexander presented summary and recommendation and answered Council's questions. City Attorney read: ORDINANCE 2000-2423 - AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND THE CITY OF SHOREACRES FOR THE CITY OF LA PORTE TO PROVIDE THE TAX COLLECTING OPERATION OF THE CITY OF SHOREACRES; MAKING V ARJOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING FOR AN EFFECTIVE DATE. Motion was made by Councilperson Engelken to approve Ordinance 2000-2423 as presented bv Ms. Alexander. Second by Councilperson Sutherland. The motion carried. Ayes: Sutherland, Engelken, Griffiths, Gay, Young, Clarke, and Malone. Nays: None Abstain: None 7. Council considered approving an ordinance authorizing a contract between the City of La Porte and Pyramid Waterproofing; Inc. for the replacement of roofs at the Police Department and EMS buildings. Director of Planning Doug Kneupper presented summary and recommendation and answered Council's questions. . . . e e City Council Minutes 8-14-00 - Page 3 City Attorney read: ORDINANCE 2000-2424 - AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND PYRAMID WATERPROOFING, INC. FOR THE REPLACEMENT OF ROOFS AT THE POLICE DEPARTMENT AND EMS BUll..DINGS; APPROPRIATING $90,700 PLUS A CONTINGENCY OF $4,535 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING FOR AN EFFECTNE DATE. Motion was made by Councilperson Young to approve Ordinance 2000-2424 as presented by Mr. Kneupper. Second by Councilperson Engelken. The motion carried. Ayes: Sutherland, Engelken, Griffiths, Gay, Young, Clarke, and Malone. Nays: None Abstain: None Council member Porter arrived at 6:30 p.m. 8. Council considered approving an ordinance authorizing an agreement between the City of La Porte and Wayne Smith and Associates, Engineers, for engineering services for a trunk sanitary sewer along proposed Bay Area Boulevard. Director of Planning Doug Kneupper presented summary and recommendation and answered Council's questions. City Attorney read: ORDINANCE 2000-2425 - AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND WAYNE SMITH & ASSOCIATES, ENGINEERS, FOR ENGINEERING SERVICES ON A LARGE DIAMETER TRUNK SANITARY SEWER, BAY AREA BOULEVARD-FAIRMONT PARKWAY TO AVENUE "0"; APPROPRIATING $120,550.00, TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING FOR AN EFFECTIVE DATE. Motion was made by Councilperson Gay to approve Ordinance 2000-2425 as presented by Mr. Kneupper. Second by Councilperson Griffiths. The motion carried. Ayes: Sutherland, Engelken, Griffiths, Porter, Gay, Young, Clarke, and Malone. Nays: None Abstain: None 9. Council considered approving an ordinance authorizing an agreement between the City of La Porte and Garver Construction, LTD., for sanitary sewer repairs. Director of PUblic Works Steve Gillett presented summary and recommendation and answered Council's questions. . . . e e City Council Minutes 8-14..00 - Page 4 City Attorney read: ORDINANCE 2000-2426 - AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND GARVER CONSTRUCTION, LTD., FOR SANITARY SEWER REPAIRS; APPROPRIATING $109,805.00, PLUS A CONTINGENCY OF $5,490.00, TO FUND SAID CONTRACT; MAKING V ARlOUS FINDINGS AND PROVISIONS RELA TING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING FOR AN EFFECTIVE DATE. Motion was made bv Councilperson Engelken to approve Ordinance 2000-2426 as presented bv Mr. Gillett. Second by Councilperson Gay. The motion carried. Ayes: Sutherland, Engelken, Griffiths, Gay, Porter, Young, Clarke, and Malone. Nays: None Abstain: None 10. Council considered approving an ordinance with three separate agreements between the City of La Porte and the: 1) Texas General Land Office, 2) Texas Natural Resource Conservation Commission, and 3) U.S. Fish and Wildlife Service for the Little Cedar Bayou stabilization project. Director of Parks & Recreation Stephen Barr presented summary and recommendation. City Attorney read: ORDINANCE 2000-2427 - AN ORDINANCE APPROVING AND AUTHORIZING THREE SEPARATE AGREEMENTS BETWEEN THE CITY OF LA PORTE AND THE: 1) TEXAS GENERAL LAND OFFICE, 2) TEXAS NATURAL RESOURCE CONSERVATION COMMISSION, AND 3) U.S. FISH & WILDLIFE SER VICE TO PROVIDE FUNDING IN THE COMBINED AMOUNT OF $168,638 FOR THE LITTLE CEDAR BAYOU STABILIZATION PROJECT; MAKING V ARlOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING FOR AN EFFECTIVE DATE. Motion was made bv Councilperson Griffiths to approve Ordinance 2000-2427 as presented by Mr. Barr. Second by Council person Engelken. The motion carried. Ayes: Sutherland, Engelken, Griffiths, Gay, Porter, Young, Clarke, and Malone. Nays: None Abstain: None 11. Council considered awarding bid for chemicals, paper products, and janitorial supplies to Bogel Sales - S. Kelley Council person Engelken made a motion to award the bid to Bogel Sales as presented. Second by Council person Young. The motion carried. Ayes: Sutherland, Engelken, Griffiths, Gay, Porter, Young, Clarke, and Malone. Nays: None Abstain: None . . . e e City Council Minutes 8-14-00 - Page S 12. ADMINISTRATIVE REPORTS City Manager Robert T. Herrera reminded Council of the following events: A. Labor Day Holiday observed - Monday, September 4, 2000 B. Annual City Picnic - Saturday, September 9, 2000 13. COUNCIL ACTION Councilpersons Sutherland, Engelken, Griffiths, Porter, Gay, Malone, Clarke and Young brought items to Council's attention. 14. 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 WITH EMPLOYEES DELmERATION REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION) A. SS 1.074 (Personnel Matter) Meet with City Manager to discuss annual evaluation. Council retired into executive session at 7:10 P.M. 15. CONSIDERATION AND POSSmLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE SESSION There was no action taken. 16. Council returned to regular meeting at 9:12 PM. Close/adjourn regular meeting at 9: 1 S PM 17. Call to order workshop meeting at 9: 1 S PM Discuss proposed budget FY 2000-2001 . . . ~ e City Council Minutes 8-14-00 - Page 6 18. ADJOURNMENT There being no further business to come before Council, the Special Called Workshop Meeting was duly adjourned at 10:35 PM. Respectfully submitted, ~al;{j,lLj(A>>H/ Martha Gillett City Secretary a>~ -tooL. /' / .' e e I e e A e e City of La Porte Administrative Services Department Human Resources Division Interoffice Memorandum From: August9,2000 Martha Gillett, City Secretary Lorie Doughty, Human Resources Manager ih Correction of Council Agenda Item, August 14, 2000 Employee of the Quarter: April, May & June 2000 To: Subject: Please include an Employee of the Quarter for the 2"d Quarter of 2000 presentation on the Agenda for the Council Meeting scheduled on August 14, 2000. The award will be presented to: Crystal Scott Crystal has been employed by the City for 6 years. During that time, she has worked for the Public Works and Planning Departments. Currently Crystal is the Secretary II to Assistant City Manager, John Joerns. Mr. Joerns has stated that Crystal is always ready to assist the public and is extremely patient and courteous when doing so. Her experience in Public Works and Planning is valuable when guiding citizens to the appropriate department. This ready-to-help attitude also is extended to other employees. She often has relieved the switchboard, covered desks when others were absent, assisted in training her replacement in Inspections and many other duties. Crystal has a high regard for quality work and is always looking for the next challenge or special project. In recent years, she has tackled the following: o PowerPoint presentation for the Graffiti Ordinance 8 PowerPoint presentation for the Tax Increment Reinvestment Zone (TIRZ) 8) Compiled the Capital Improvement Projects Book prepared during the budget process o Prepared a TIRZ notebook for the Auditors 4B Assisted the City Secretary's Office during elections CD Assisted in the planning and preparation for two (2) Code Enforcement Association of Texas (CEA T) conferences hosted by La Porte. Crystal has also served on the special Events Committee for 5+ years. She was gracious to assist the City Manager's Office with special events and assignments such as the Open House for newly elected State Representatives and meetings for Industrial District negotiations. Her routine duties are handled promptly and efficiently with an infectious smile and can-do attitude. Congratulations Crystal, on a job well donel C: John Joerns Louis Rigby e e B e e City of La Porte Administrative Services Department Human Resources Division Interoffice Memorandum July 14, 2000 To: Martha Gillett, City Secretary From: Lorie Doughty, Human Resources Manager !D Subject: Council Agenda Item, August 14, 2000 Retiree: George Turany Please include the following employee retirement presentation on the Agenda for the Council Meeting scheduled on August 14, 2000 George Turany: 18 years George began his employment with the City in December of 1981 in Parks Maintenance and was promoted to Supervisor in 1983. As a Parks Supervisor George was responsible for the work crews engaged in park and recreational grounds maintenance repair and minor construction. He inspected landscaped areas, resolved work problems and determined additional needs. He also supervised the maintenance and preparation of fences, swimming pools, athletic fields and other municipal facilities and many other numerous duties. As noted by Bert Clark, Parks Superintendent, working in the capacity of Parks Supervisor, George reflects a high level of productivity. Many times George has provided alternate methods for solving problems and increased the efficiency of his staff by developing new techniques regarding park maintenance. Bert has also noted that George possesses a great amount of experience, which have afforded him the ability to make sound decisions when presented with a problem. He has always delivered a dedicated effort while performing his duties resulting in 1983 being awarded Employee of the Quarter for outstanding job performance. George has not only been a dedicated, professional employee for the City, but he has also volunteered his time for many functions. For many years George has been Santa on the phone for North Pole Calling, performed as Santa for Special Programs, City Hall functions and also was Santa at the Christmas in La Porte from the very start of the program. George was 'also the only employee with the City who has donated 44 gallons of blood for the donor programs in his many years of employment. Good luck George. We wish you the very best in your retirement years. Your sense of humor will surely be missed by everyone at the City. Cc: Stephen Barr Michel Davis Bert Clark Louis Rigby e e RE!ST FOR CITY COUNCil AGENDA 11M AGENDA DATE AUQust 14. 2000 REQUESTED BY: Cynthia Alexander. Director of Finance ~ REPORT RESOLUTION xxx ORDINANCE; In July 1994, the City entered into a contract with the City of Shoreacres to assume it's Tax Collection operations. Under the terms of this contract, the City collects current and delinquent ad valorem taxes for the District through our Tax Assessor/Collector and the LaPorte Tax Office, and performs all related duties. The services performed include, but are not limited to: (1) Receipt of the Certified Appraisal Roll from the Harris County Appraisal District(HCAD); (2) Receipt and processing of all Correction and Supplemental Tax Rolls, (3) Provision of Tax Roll and payment data to mortgage companies, property owners and tax representatives; (4) Truth in Taxation calculations and public notices; (5) Deposit of Taxes collected into District account; and (6) Compilation and mailing of Tax billing notices. This relationship has worked out extremely well, and we believe it to be a tremendous benefit to our citizenry. Not only do they get the convenience of paying both their City and School taxes in one place, they also get the added benefit of having their tax dollars support only one Tax Collection operation. Staff is recommending that we renew this contract for a three-year period, to continue on a year to year basis thereafter. The City currently receives $3.60 for each separate assessed item on the Districts certified roll, as reported by the Harris County Appraisal District on its first roll. There are approximately 461 accounts, and the City currently receives approximately $3,375 per year for these services. This contract increases the compensation by twenty-five cents ($0.25) per item per year, with a cap of four dollars and thirty-five cents in the third year of the contract. Fiscal Year 2000-01 $3.85 Fiscal Year 2001-02 $4.10 Fiscal Year 2002-03 $4.35 The City expects to receive approximately $3,610 in Fiscal Year 2001, $3,840 in Fiscal Year 2002, and $4,075 in Fiscal Year 2003. This is the same agreement approved by Council on July 10, 2000 for La Porte Independent School District. ACTION REQUIRED BY COUNCil: Approve and authorize a contract between the City of La Porte and the City of Shoreacres for Tax Collection Operations. FUND N/A ACCT NUM: FUNDS AVAilABLE: APPROVED FOR CITY COUNCil AGENDA ~~ ,. \\~ ROBERT T. HERRERA, CITY MANAGER cg.\O-oO DATE e e Ordinance No. 00 -.a~A3 AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND THE CITY OF SHOREACRES, FOR THE CITY OF LA PORTE TO PROVIDE THE TAX COLLECTING OPERATION OF THE CITY OF SHOREACRES; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETING 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 be this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such'signatures and to affix the seal of the city to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statues Annotated: and that this meeting has been open to the public as required 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 00- a'fa.3 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 14TH DAY OF August, 2000 City of La Porte. By: 1!1:1~~:--- A TrEST: ~dIIJIILA~ Martha Gillett, City Secretary ox W. Askins, City Attorney JUL-17-2000 MON 11:16 AM e FAX NO. P. 02 e COUNTY OF HARRIS } } } ORDINANCE. NO. 2000-07 (Shoreacres) ORDINANCE NO. 2000-2423 (La Porte) STATE OF TEXAS TAX COLU!CJ:JON AGREEMENT TInS AGREEMENT {or to\.'C collection is enten:d inlO betweeu the aty of I.a POrt~, Tcxa.<;, :1. l11unicip-oll corpor.ltion, hereinafter called -J..a Porte", and the aty of ShoreacM, a municip-.u cOlporntion, oo-einaC\er called "Shorcacl'l'S", acting herein bY;'U1d throur,h their governing bodics; and it is berebyagn:ed flS C()lloW$: . I, GENF.j!.ALSCOl)E OF SERVICE La Pone hereby agrees to collect CUlTeiJt ad valorem t;.\XCs and delinq\lent a.d valorem taxes for Sho1'C:lcres through its \aX collector and tax office, and to act as the collection agency for Sho1'C2CtCs, performing all such duties rel-a.ted thereto. The services performed shan include, but nOl be limited to: receiving information from tbe Hun'l County Appraisal District (HCAD) for pllJPOSes of the C~rtificd Appraisal Roll and monthly changes theme; providiDg tax roll and p.\}'ll1ent data to mortgage companies, property owne~ and lax representatives; providing all necessouy assessments of ta..~es and Troth in Taxation calculations; and periodic loemitLancc of p-.lymeDts received to Shoreacrcs. II. BILLINGS l:I. Porte will send billing notices to the Sboreacm's accounts in ::lccoroallce widl applicable state laWli. L'\ Porte will mail original bills on bch.'\lf of SholC'.lCres ill October foll~ by delinquent bills rn.-wed in February and May. La POttC will t".1ke necessovy steps to a.5sun! that billings are timely and accurate. Both 1.3 . . Porte and ShOre-dClCS recognize the ilCcuracy and timeliness of billints is dependent upon infonn.nion received from the HCAD. In. REMITTANCE AND REFUND Of' fmill5 Funds collected by I.a Porte on behalf of Shoreacres will be forwardlld \0 Shorc:u:rcs 011 a weekly basi~. Refunds of previm1S1y paid funds caused by changes in the tax roll as reported byt.hc HCAD will be m.,de in accordance with applicable scate laws. Refunds of previowly paid fund., will be offset ag.limt future funds remitted. Funds that have been ~nUtlcd [0 Shoreacres's as collected that Jater are deemed W1Co1lected by La Pone's bank will be offset against funare funds ntnUtted.. The collection of such foods will be performed by La Pone in the same manner La Pone fonows to col1cct similar funds it is due. JUl-17-2000 MaN 11:17 AM e FAX NO. P. 03 e IV. REPOR1~ I..a l'orte will provide Shor'CilCres the following reports: Periodic: Billing aOlOW11S created by the original roll or monthlyupcbles from HCAD. Weekly. Summary totals of the previous Wl::ek's collections. Monthly. Summary totals of all monlblyu-.msactions with ~concili;l(ions to previously reported balaoces. Allnl.lal: Paicl Tax Ron Dclioquent T 3.'t Roll La Pone v.i1l provide SllOlt!aC~$ with .my specialized ltports Shoreacres might .require, if rt'qut'Sted in writing. La Pom: will provide said specialized repons for Shoreaaes at a COSt of $40.00 per hoW" spent compiling said speciali:r.cd reports. v; AUDIT,S l..a POr\(l will provide to Shorcacrcs a\lditor necessuy explanation for all. repons and. access to Shore.tcres records lfept and JQainlaincd by La Pone. In addition, if requested in wriling by Shoreacres, La POlte will provide amlit schedules for Shoreacres at a cost of $40.00 per hour spent compiling said schedules. 'VI. COMPI..~NCE WITH APPLICABL~ .n.~:nmS. ORDINANCES. ANO_~EGULATlONS In pcrfOmWlg the services required under this Agreement, La Porte shall comply with all applicable fcdcr.u. and Stolte statut.s, case law, opinions of the Texas Stale A1torncy General. OJun orders and Comptroller rcgul.,tions. If such compliance is impossible for reasons beyond iu conf.ro~ La Porte shill immediately notify Shol"CC\cres of that fact a.rnJ the reasons therefore. VII. P~'J..INQUENT COLLEcrION~ La Pone shall assess and collect the Fifteen ~ (15%) collection fee pun-uant to Section 1107 of the Property Tax: Cndc, when permitted by Jaw. L1 Porte will disburse the amount directly to the rum Shon:ac:res has c:oD1r.\Ctcd with for DeJinquent Tax Collections. La Pone aad Shoneacn::s CW1'endy utilize the same rinn as their individual Delinquent Collection Anomey. Upon expiration of the Anomeys contract, c:onnnU;UlCe with the rum or selection of a new firm can be P'1iKL: sepamelybythe respective governing bodies of I..a Pone orShore.\C1'Cs. VIII. TERMS. OF AGREF.~NT This agr=Dtnt shall be for a Lezm of thm: (3) yean, COl1ll1JCJ1Cmg on August 1. 2000 and continuing through July 31, 2003. Either party may cancel this agreemeDt by providing 180 da~ 'Mitten notice to the presiding vv.... . I '-\lVV IIV'. I...... .... e e offICer of the governing bo:.ud .of the oLhc:r party. After the expiration of the thJ'\.'C-~ term. the agn:emcnt will automatically renew Oil a year to )lC'.lI' basis unless ~tcd p\1nuant to this provision. IX COMPI!NSATI0N 1.a Potte hereby agrecs to accept a.~ compens3tion and Shorcacres hereby agrees to p-..y to La Porte :IS full c01upensat.ion,me sum of Three Dollan and Eight)""five Cents ($3.85) for each separate assessed item on Sho~s certified roll, as reponed by the HCAD on its fi~t roll ~ includes bo\h those accounts cenifu:d and unccrtiC'~d, for the 2000-01 Shoreacres fIScal }'e1r. 'The compensation shall increase each ~ar by tw\:nt)"" fM! CCt1tS ($0.25) for each separate assessed item with a c.'1p or four dollan and thirty-five cents ($4.)5) in the lhitd ~ of the COntr.1Ct. La Pone shall invoice Shoreacn.'S, and Shoreacres shall pay La Porte by Fcbnwy 281h for. the tax )'C'Jr just billed. La Polte may retain all fees received {or issu:mce of taX ccrtiC"ICi11.CS on Shomc:res accOWltS, to compensate for the cost of the issuance of such tax certificates. WITNESS OUR HANDS, u.;, 11"- day of flfI.~Llf..-1 .2000. Oty of La POltc BY.J:t~A~~ . yor NOJmUl Malone Date ^ T1'J:.&~: ~~./idttI ~ecmary y /It/-I)d Date By. e e e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: August 14, Requested By: Doug Kneuppe Report Exhibits: Ordinance Letter of Recommendation Bid Tabulation Bidder List jl... Department: esolution Planning XX Ordinance Summarv & Recommendation The 99-00 CIP Budget includes $40,000 for roof replacement at the Police Department building and $23,000 for roof replacement at the EMS building for a total budget amount of$63,000. The PD building includes approximately 13,500 square feet of roof removal and replacement along with the manipulation of nine rooftop alc units. The EMS building includes approximately 4,300 square feet of roof removal and replacement. Unfortunately, the budget estimates were provided by contractors without benefit of a thorough investigation. During the preliminary design phase, the consultant estimated these projects could cost as much as $135,000::1:. Analysis and design was perfonned utilizing DCW Architects and Bridges & Co. International. On August 7, 2000, the City received competitive bids from six qualified contractors (see attached Bid Tabulation). Pyramid Waterproofing, Inc., of Houston, Texas submitted the low bid in the amount of $90,700. The contract bid time is 40 consecutive calendar days once the ''Notice to Proceed" is issued. The consultants and staffhave reviewed the bids submitted and determined the low bid from Pyramid Waterproofing, Inc. is acceptable and they are qualified to perforin the work. Staff recommends that Council authorize the City Manager to execute a contract with Pyramid Waterproofing, Inc. in the amount of $90,700 and further authorizing $4,535 (5%) contingency for replacement of roofs at the PD and EMS buildings. The additional funds necessary to award this bid are available in the General CIP Fund Contingency Account. Action Required bv Council: Consider approval of an ordinance authorizing the City Manager to execute a contract with Pyramid Waterproofing, Inc. in the amount of $90,700 and further authorizing $4,535 contingency for the replacement of roofs at the PD and EMS buildings. Availability of Funds: General Fund XX Capital Improvement Account Number: 015-9892-803-1100 W ater/W astewater Other Funds Available: XX Yes No Approved for City Council Agenda Q~ To ~~ Robert T. Herrera . g..,O"OO Date .-i. '. ~ r..... e e ORDINANCE NO. 2000- ~ "I"'" AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND PYRAMID WATERPROOFING, INC. FOR THE REPLACEMENT OF ROOFS AT THE POLICE DEPARTMENT AND EMS BUILDINGS; APPROPRIATING $90,700 PLUS A CONTINGENCY OF $4,535 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 $90,700 plus a contingency of $4,535 from Capital Improvement Fund 015 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. 2ooo-MR1 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 14th day of August, 2000. By: CITY OF LA PORTE ~1C4~ rman'f. alone, Mayor ATIEST: '-1YI~&ba Martha Gillett City Secretary ~ Knox W. Askins, City Attorney .;..,....~~..........;:;...~~,......_P".....-:'''-...._ ..~. ..... ~-=;;~~. ~;.~':;' :~~.: :;'J '. ._ ___~ -1'" ---,.;. . ........ .... .' '.. ....... .. "'w. :'~ ~r~~:la~~\~l~::~o(...:. .~i :~'~'f ~(_'.'=:: ::!~'~r~ '-' =:t: ~ ~-r:.. .~;': "I~i-...~"::s:~;,...!,~:;,.,:" ....- :. :'~'" . .. e ~':.'~~ .......- ^~_Ia..... . .-.. ........-. Q'T\ I U 111 r. I ,.;'--=-- ._-~~ .,.' II __u__ ,74 (J I:- f:': _'_ ~':::""r,y..~.. .' -----....,....----...- ----~~~....::..:;:;;;;~- ;~~)r?;j.'~!~~.~~ ~.~~' ~. ...:- ,. "":..a.t.:.o:.' ."-......... ..: . ~~~; :~.;~;\~~~~~4~.A~; ..;......i...t... ...=. .!"-.... .: ~. ._~~:~;. = ..,..~';:~\~~ 7~:~:~.~~!'~ 'I.... ';\ _ '-:.o:.-.~~.._._ ~ _-!-~--'';:'W.A''-- - - ----- --- ---- :!I'::::',;k}~'l;'i.':~,~~~~.." { ,"~'" ,'. ..' . . .... I' :\..~. .~~~ .~,,~~) .> ..~-~~~ .~~;~~~jr~;. .-.-....-0:---..- ...:.:;~~ .~.- -'\"':",. .,~~~ ..,.... ,:-\~~~. ... ..:.: :''':::':.' Project Manual for ROOF REPLACEMENT: EMS BLDG. & POLICE BLDG. CLP Project No. 99-2207 . ...:..~"i' . . ~-;:~::. ...~~~ '~'~~~(~;~~1;t:,.. . I. . City of La Porte . Planning Department 604 W. Fainnont Parkway La Porte, Texas 77571 (281) 471-5020 .... ;0.' ":' ~.~ ~"'..': . .<~ ....,. -.~_...: ~~. :.~. ;.: .....:~J.:?:;.. : . "~.'" ..~.:: ...;. July 7, 2000 _.._..!"',;~~:. ~-~~~~- ...ai.I:' ~ ..-.........~ .. ~.:.~~. ..~ ~. ~.. :.: : .~:~: .~ .~~;;~, '"-.~: . ...~ ...;:-';i~~;;v:.!.:.. :~.. ..::::;{..:. . ;::'~l<'i~ h '. .~~~{:';-_.<~;;;~~;'S~~~;~b~. . _,.. ..:...~~. .-i"~,., '.. "...~..,.. '. '. .... .... ..-........ .. ., ...,.. .'l-f":.....,~I.__~..\i'...,..,'7J-./,.A ~. ,",., ." ..... .... '. ... '. ..1,;... ..........., ,-,,,,/"UV . -.' .: ~iif~~t.~;~~~:t.~,.,;!;:;t;.~~"f,~~~~1~~l\ ~;e.1"~~ .,."! :';':"~ .~ &.~'U"""" ....:"'=":.;.1' ."::..~" ;:~~~~O:'~f~~~;"~c;<an~ .,:;::. .~;.;~~~ .._..',i<>:" .....t:-~0ElF1 ~~r' ~..: 'it' ~ . . -.. .'-"" :;. ....::....... ..;::1..~... ':":..j,~ '~~~~;~~~~~~'$~~~'~~~';'~"':':;:";:"':'''''~:' . "...~..,;. ....":. ';:V',:.. -".i~~ ''-':~~-_~'..;.:;~~t~- .....\..:.:..~..~ . ."--.-o:.v_~- - .~~~~...~ ";"'_di'C!!__ ~ 'lo. - '_'K'~""--=--=' .- ~~~-~.-~.~- -'..~..-- -= ".:-.~. .... . ~~"'; ..- , . : ...~:., -.' ~~::~r.""::~~~->~::~~,;;~-s~~~C~' __ - . PYRAMID WATERPROOFING INC. BID PROPOSAL FOR LUMP SUM PRICE CONTRACT Pyrami:d Waterproofing Inc. Proposal of (herei~er called "Bidder")* a D,;ct!lL,jzed and existing under the laws of the State of Texa~ * a partnership, or an individual doing n/ a to the City of La Porte, Texas (hereinafter called "Owner"). d Gentlemen: e Bidder, in compliance with your invitation for bids for the construction of Roof Replacement; EMS olice Bldg. per plans and specifications prepared by DCW Architects, Inc., and having examined the plans cations with related documents and the site of the proposed work, and being familiar with all of the. surrounding the construction of the proposed project including the availability of materials and labor, poses to furnish all labor, materials and supplies and to construct the project in accordance with the ocuments, within the time set forth therein, and at the prices stated in the attached Base Bid Proposal. ces are to cover all expenses incurred in performing the work required under the contract documents, of proposal is a part. "....,,;1-. tt~I' d~eC hereby agrees to commence work under this contract on a date to be specified in written "Notice to. ~.t!e Owner and to fully complete the project within AO consecutive calendar days thereafter as ~..the specifications. Bidder further agrees to pay as liquidated dam8ges, the sum of 5100.00 for each :,~~endar day thereafter as provided in Paragraph SC-6 of the Supplementary Conditions of the .~. . . . .... . l'~~. ~~oWledges receipt of the following addendum: One. :,~,., DATE: 8/1/00 " A ROOFING & WATERPROOFING COMPANY proposal 1 of 3 . HOUSTON, TEXAS 77222-6069. OFF: (713) 699-4777 . FAX: (713) 697-8434 ~e e PYRAMID WATERPROOFING INC. BASE BID PROPOSAL (duplicate on bidder's letterhead) E PROPOSAL: Bidder agrees to perfonn all of the work shown on the plans and further described by bid prepared by DCW Architects, Inc. entitled ROOF REPLACEMENT: EMS BLDG. & POLICE BLDG. CT NO. 99-2207 for the sum of NINETY THOUSAND SEVEN HUNDRED dollars ($ 90,700.00 ). be shown in both words and figures. In case of discrepancy, the amount shown in words will govern.) der understands that the Owner reserves the right to reject any or all bids and to waive any informalities in ~~dder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar the scheduled closing time for receiving bids. n receipt of written notice of the acceptance of this bid, bidders will execute the formal contract attached , (10) days and deliver a Surety Bond or Bonds as required by the General Conditions. The bid security the sum of FIVE PERCENT OF G.A. B. ($ 5% of G.A. B. ) is to become the property . in the event the contract and bonds are not executed within the time above set forth, as liquidated the delay and additiol;lal expense to the Owner caused thereby. Respectfully submitted: ~ J~1;~ BY: Mark. Beck.endorf (Authorized Person) (Typed or D written) Vi C'P. 'PTP.R.; rlp.n 1: (Trtle) II :j ~ I I ..j 122 Berry Road (Business Address) Houston TX 77022 (Zip Code) A ROOFING & WATERPROOFING COMPANY ------ (City) (State) 713 699-4777 proposal 2 of 3 (Telephone Number) . HOUSTON, TEXAS 77222-6069 OFF: (713) 699-4777 . FAX: (713) 697-8434 '1 e e PYRAMID . .. ..'~. ~:..-r;~~~'@t~~~. .. . ,..':.;::....;":.: ..0;:.." :~... . ~ .;;' _0. WATERPROOFING INC. STATEl\1ENT OF MATERIALS AND OTIIER CHARGES INCORPORATED INTO THE PROJECT: R CHARGES: $ 43,000.00 $ 47,700.00 $ 90.700.00 ., j , . I must agree with the total "Total Amount Bid" figure shown on the bid sheet of complying with the Texas Tax Code, the Contractor agrees that the charges for any material into the project in excess of the estiJrultP.d quantity provided for herein will be no less than the invoice material to the Conttact.or. . -:. .l$~ ~f ~tt. ..toij.. . .~X 16069 . HOUSTON, TEXAS 77222-6069 .~t . .....1. A ROOFING & WATERPROOFING COMPANY proposal 3 of 3 .. II :1 ,,_.. .-.:~:..;.:.. ! I . OFF: (713) 699-4777 . FAX: (713) 697-8434 !i 'j ; . '.:.,. . _ i I ....... ,. ... I ;. -- e ." '; AGREEMENT . S AGREEMENT, made this --1&-day of ~ . LAPORTE, hereinafter called "Owner", acting herein throu . s , 2000, by and between the C" M er (Title of Authorized Official) ! inapplicable terms: {a conx>ratioI!-~ (11 ~Cisthp) or (all ifldh'iette:l a~iflg bl15in~.5.5 as:) 1 ~~r-~ of ~ . County of ~ (' (' \5, and State of Texas, hereinafter , ntractor". SSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to commence and the construction described as follows: ROOF REPLACEMENT: EMS Building & Police Building CLP PROJECT NO. 99-2207 called the project, for the Total Price of ~1I61J rri 5&.ren Url t1dr td . and all extra work in connection therewith, under the terms as stated in the General ementary Conditions of the Contract; and er, that the CONTRACTOR agrees, at his (its or theirs) own proper cost and expense, to furnish all the supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services to complete the said project in accordance with: The terms and conditions stated in the Proposal and in the general Conditions, and Supplementary Conditions of this Contract; Scope of Work ,The plans, which include all maps, plats, blue prints, and other drawings and printed or written explanatory matter thereof and The Specifications and other contract documents therefore, as prepared by DCW Architects, Inc., all of which are made a part hereof and collectively evidence and constitute the contract. Agreement 1 of 2 - - 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 complere the project ~ 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 shall be deemed an original, in the year and day first above mentioned. Ci~ of La Porte Name of Owner SEAL y: aJ~ -(, l~ Robert T. Herrera Attest: By: ~~fJJ !J.A1Pi Martha Gillett City Manager Title Ci~ SecretaIy Title ****************************************************************************** ~ 1::n.e- . SEAL NO CORPORATE SEAL REQUIRED PER CORPORATION BY-LAWS ~.~..~ \/. "P. Title of Authorized Person r. f). A~ l/Pd~ 9 4& Sf,; I'll l,.t:.. Address and Zip Code "/ ')"2.-:2."2.. - ~a ~ 9 ~. ~C"~t\. Be,C"t'J- Witness ****************** Approved as to Form: City Attorney ApeemaIl2 of2 AUG-e8-ee e9:~7 AM DCW~H 71~ 787 ge6~ - p.el 000 ~Mcycr Chaskln. A.lA Cunrod (;. Wal1U1I, ^.I.A. . Vincent C. SIUSIO, A.lA AACHJTECTS, inC. 3..35 Founlaln View. Suire 22G. Houston. Texas 77037 . (713) 787.90B.1 . Fnx f713) 787-EHl6G August 8. 2000 City Council. City of La Pone P. O. Box IllS La Porte. TX77S72-111S Attn: Mr. Douglas K. Kneupper, P.E. City En!Jineer Re: Roof Replacements Cor: Sylvan Beach Pavilion. Police Dldg. & EMS Bldg. City of La Pone, Texas; Project No. 99-2207 . DeW File No. 991207 Gentlemen: The proposal in the amount of590.700 tom PYRAMID Waterprootlr1i. Inc.. dated" 8/112000 appears to be complete and eonfonns to proposal requirements. We r~ommend th.t thh. low bid proposal be accepted. Sincerely, CGWlbm 7671 D8 ldo." .I From(! /lJM.11f/ Co. ~. Phonl r .7/'" IX' 'II. . - CITY OF LA PORTE ROOF REPLACEMENT: EMS BUILDING & POLICE BUILDING CLP PROJECT #99-2207 BID TABULATION PYRAMID WATERPROOFING, INC. Y Y 40 $90,700 CARDINAL ROOFING, INC. Y Y 30 $108,888 EASLEY ROOFING & S.M., INC. Y Y 60 $118,614 CONSTRUCTION SERVICES, INC. Y Y 45 $124,000 COMPETITION ROOFING, INC. Y Y 100 $128,552 ALL- TEX ROOFING, INC. Y Y 60 $162,000 . e BIDDER'S LIST ROOF REPLACEMENT: EMS BLDG. & POLICE BLDG. CLP PROJECT NO. 99-2207 Advertisina The Bayshore Sun - July 16th & 23rd, 2000 Bid Notice Faxed Moore & Moore Contractors Po Box 1517 La Porte, Tx 77572-1517 Follis Construction 111 N. Broadway La Porte, Tx 77571 Force Corporation Po Box 1079 La Porte, Tx 77572-1079 Chamber of Commerce P.O. Box 996 La Porte, Texas 77572-0996 Houston area contractors were notified by the roofing consultant, Bridges & Co. International. Contractors That Picked UD Plans And SDecifications Amerimark Industries 5010 Steffani Houston, Tx 77041 AII- Tex Roofing Corporation 5605 Creekmont Dr. Houston, Tx 77091 Restoration Services, Inc. Po Box 41069 Houston, Tx 77241-1069 Pyramid Waterproofing, Inc. 122 Berry Rd. Houston, Tx 77022 Easley Roofing & Sheet Metal, Inc. 206 E. Anaqua Victoria, Tx 77901 Marton Roofing Ind. 5207 Ashbrook Houston, Tx 77081 Oates Industries, Inc. Po Box 804 Deer Park, Tx 77536-0804 Cardinal Roofing, Inc. 5430 East Hampton Houston, Tx 77039 Competition Roofing, Inc. 7310 Fairview Houston, Tx 77041-2106 Construction Service Box 714 Humble, Tx 77347 · e REOUEt FOR CITY COUNCIL AGE.A ITEM Agenda Date Requested: Requested By: Doug Report Exhibits: Ordinance Scope of Work and Agreement for Professional Services Vicinity Map (Exhibit A) Department: Planning XX Ordinance Summary & Recommendation The City's Comprehensive Wastewater Collection and Treatment Plan, prepared in 1984, shows a trunk sewer main being extended along Bay Area Blvd. and Sens Road from Fairmont Parkway to the Lomax area. The benefits of this sewer line are 1) provide sewer service to undeveloped property between Fairmont Parkway and Spencer, 2) provide relieffor some of the sewer lines in the eastern portion of the Lomax area, 3) eliminate the existing lift station on "0" Street and possibly the lift station on "L" Street, and 4) provide a more direct and efficient route for wastewater to be collected and transported from the eastern portion of the Lomax area. It would be beneficial and less costly, from a design and construction standpoint, to design and install this trunk sewer line just ahead of or concurrent with the Bay Area Blvd. construction. Harris County is currently preparing a Preliminary Engineering Report for the Bay Area Blvd. extension. Harris County has hired the engineering firm of Wayne Smith & Associates for the Bay Area Blvd. project. Wayne Smith & Associates also has expertise in municipal sewer systems and large diameter sewer trunk mains. It is stafI's recommendation to hire the engineering firm of Wayne Smith & Associates to design the Bay Area BlvdlSens Road Trunk Sewer Main. I An Agreement for Professional Services and Scope of Work is attached. The fee associated with this engineering work is $120,550 which includes surveying, geotechnical borings, preliminary engineering, final design, and construction administration. The preliminary design phase can be completed within 120 days of authorization and final design will take an additional 30 days after staff's review and approval of the preliminary design. It should be noted that this Professional Services contract already accounts for approximately $50,000 in savings because most of the surveying and geotechnical work has already been performed for the road project. This project was not included in this year's C.I.P. Budget, but was anticipated for the FY 00-01 Budget. Staff requests that Council consider funding this agreement now so the consultant can produce the preliminary engineering design simultaneously with the design for Bay Area Blvd. (FairmontParkway to Spencer Highway). Funding for this professional services contract is available in Fund 003-Utility Capital Improvement Fund. Construction of this trunk sewer main from Fairmont Parkway to "0" Street is estimated to cost $1.4 million. Construction of the Bay Area Blvd. sewer is estimated to be at least 12 months away in order to coordinate with the road project. Action Reauired bv Council: Consider approval of an ordinance authorizing the City Manager to execute an Agreement for Professional Services with Wayne Smith & Associates for design of the Bay Area Blvd / Sens Road Trunk Sewer Main and authorizing $120,550 from Fund 003 to fund this agreement. Availability of Funds: General Fund XX Capital Improvement (Utility) Account Number: 003-9890-835-1100 W aterlW astewater Other Funds Available: XX Yes No Approved for City Council Agenda ~l'~ Robert T. Herrera City Manager ~"IO-OC Date . e ORDINANCE NO. 2000-;'~p.5' AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND WAYNE SMITH , ASSOCIATES, ENGINEERS, FOR ENGINEERING SERVICES ON A LARGE DIAMETER TRUNK SANITARY SEWER, BAY AREA BOULEVARD-FAIRKONT PARKWAY TO AVENUE "D" ; APPROPRIATING $120,550.00, TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RBLATING TO THE SUBJECT; FINDING COMPLIANCE WITH THB OPBN MBBTINGS LAW; AND PROVIDING AN EFFECTIVB 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 Mayor 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 $120,550.00 from the City of La Porte utility Capital Improvement Fund (003) to fund said contract. section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. e e section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 14th day of August, 2000. CITY OF LA PORTE BY:~~~ N rman . Mal e Mayor ATTEST: ~(J., a, [{J1J$- Mar ha A. Gillett City Secretary APPROVl'jD: t2;;ttJ Knox W. Askins City Attorney e .- j e ., WAYNE SMITH & ASSOCIATES June 5, 2000 Mr. Douglas K. Kneupper, P.E. Director of Planning City of La Porte P.O. Box 1115 La Porte, Texas 77572-1115 Re: Assignment No. 1 for Engineering Services City of La Porte Large Diameter Trunk Sanitary Sewer Bay Area Boulevard - Fairmont Parkway to Avenue D WSA Project 170-001 Dear Mr. Kneupper: ~ Wayne Smith and Associates, Inc. is pleased to submit this assignment letter to provide engineering services to the City of La Porte. The City desires to install a sanitary trunk sewer system to the vicinity of Avenue D and Sens Road. The trunk sewer, if possible, will eliminate the need for an existing lift station located on the corner of Sens Road and Avenue D. The system will interface with the City's existing trunk sewer within Fairmont Parkway right-of- way at Bay Area Boulevard. The proposed trunk. sewer will traverse the new Bay Area Boulevard right-of-way and Sens Road right-of-way to Avenue D. The trunk sewer, estimated at 7,000 linear feet of 42-inch, shall be coordinated with the proposed Bay Area Boulevard roadway and drainage construction by Harris County. Except for the Scope of Services, Basis of Compensation, and Schedule of Work set forth below, the rights, duties, and obligations of Wayne Smith & Associates, Inc. and the City of La Porte shall be as provided in the attached general services agreement which agreement is otherwise incorporated herein and made a part of this assignment letter. Acceptance by the City of this assignment letter shall constitute an amendment to said general , - services agreement. . 11821 1-10 East Freeway. Suite 400 . Houston, Texas 77029 . Ph: (713) 450-1300 . Fax: (713) 450-1385 e e Mr. Douglas K. Kneupper, P.E. City of La Porte June 5,2000 Page 2 The Scope of Services, Basis of Compensation, and Schedule of Work are outlined in the following paragraphs: SCOPE OF SERVICES The scope of services can be divided into Preliminary Phase, Design Phase, Bidding Phase, and .Construction Phases. The scope of each phase and/or services is defmed as follows: BASIC SERVICES Preliminary Phase Prepare a letter report for review by City of La Porte and other governmental entities. The report shall provide the areas to be served, basis of design, criteria for design, points of interface, estimated costs, and other factors necessary for review and comment by governmental agencies. Design Phase a. Prepare detailed drawings and specifications and provide two complete sets to the city for review and comment. b. Furnish copies of the construction drawings, where applicable, to federal, state, county, and municipal agencies, pipeline companies, and utility companies, and obtain all necessary approvals. c. Prepare and deliver to the city detailed fmal estimate of probable construction cost, construction drawings and project specifications for . fmal approval. BidcUng Phase a. Assist the City in the prequalification of contractors. The prequalification investigation is limited to the investigation of the Contractor's statement of equipment and experience. b. . Assist the City in obtaining bids. e e Mr. Douglas K. Kneupper, P .E. City of La Porte June 5, 2000 Page 3 c. Assist in the tabulation and analysis of bids, and furnish recommendations on the award of the construction contract. Construction Phase a. Attend and assist the City in the preconstruction conference. b. Make periodic visits (not less than biweekly), as distinguished from the continuous services of a resident project representative, to the construction site. The purpose of the visits is to familiarize generally with the progress of the work, to determine in general the progress and quality of the work, and to determine if the work is proceeding in accordance with the contact documents. c. Consult with and advise the City during construction. Engineer will issue all instructions to the contractor requested by the City and prepare, sign and issue routine change orders for City approval. d. Review shop, laboratory and mill test of material and equipment and promptly report to City any deficiencies noted. e. Review shop and working drawings, furnished by contractors, for compliance with design concepts and specifications and with the information given by the contract documents. f. Generate monthly and final estimates for payments to the contractor. g. Compute and verify all in-place quantities of each bid item used in construction. h. Assist the City in any performance tests required by the specifications and the initial operation of the project. 1. Participate in company with the City's representative in a fmal inspection of the project. e e Mr. Douglas K. Kneupper, P .E. City of La Porte June 5,2000 Page 4 EXTRA SERVICES a. Field surveying b. Geotechnical investigation c. Changes to the work requested by the City d. Record drawings - Prepare and deliver to City a set of reproducible record drawings showing those change made during the construction period based upon change orders, marked up prints, drawings and other data furnished by the contractor to the engineer and which engineer deems significant. COl\tlPENSA TION Wayne Smith and A~sociates, Inc. proposes the compensation for the preliminary, design, bidding and construction phases be based upon percentage of construction costs as follows: BASIC SERVICES Estimated. Construction Cost = $1,400,000.00 Total,Basic Service Fee @ 7.8% = $109,200.00 Preliminary Phase (25% of Total) Design Phase (55% of Total) Bidding Phase (5% of Total) Construction Phase (15% of Total) $ 27,300.00 60,060.00 5,460.00 16,380.00 e e Mr. Douglas K. Kneupper, P .E. City of La Porte June 5, 2000 Page 5 EXTRA SERVICES Extra Service item compensation would be as follows: Service Basis of Compensation Estimated Cost a. Surveying Invoice plus ten percent service charge $ 2,600.00 b. Geotechnical Invoice plus ten percent service charge $ 6,250.00 c. Changes and Record drawings Direct labor cost times multiplier $ 2,500.00 Total Extra Services Estimated Cost $ 11,350.00 All direct labor costs (hourly charges) will be supported with copies oftime sheets signed by the employee and his supervisor. SCHEDULE Wayne Smith and Associates, Inc. is prepared to begin work as soon as authorized and proceed with the work in conjunction with the City's schedule. The preliminary and design phases can be undertaken concurrently. A draft of the proposed plans and specifications (Design Phase) will be provided to City staff for review comment within 120 calendar days of the authorization to proceed and final plans can be provided within 30 days of receipt of review comments. Mr. Douglas K. Kneupper, P .E. City of La Porte June 5, 2000 Page 6 e e Wayne Smith and Associates, Inc. appreciates the opportunity to prepare this proposal for the City. Should you have any questions, please advise. Attachment: General Services Contract ACCEPTED: By: TITLE: Very truly yours, i2;~C~~~~C' Charles W. Beere, P.E. Engineering Manager DATE: ,- . e AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES The State of Texas County of Harris Know All Men by These Present: TInS IS AN AGREEMENT MADE AS OF the 1!i!::day of ~in the year of Two Thousand by and between the City of La Porte (hereinafter c~WNER) and Wayne Smith & Associates, Inc. (hereinafter called Consulting ENGINEER). OWNER intends to retain the services of an ENGINEER for services that may be required by the OWNER within the jurisdiction of the City, including, but not limited to, public works improvements as found necessary (hereinafter called the Project). OWNER AND ENGINEER in consideration of their mutual covenants herein agree in respect of the performance of professional engineering services by ENGINEER and the payment for those services by OWNER, as set forth below. ENGINEER shall serve as OWNER'S professional engineering representative in those phases of the Project as assigned by OWNER and accepted by ENGINEER, and will give consultation and advice to owner during the performance of his services. The OWNER, jointly and severally, and the ENGINEER, jointly and severally, bind themselves to faithfully and fully execute and perform all of the duties and obligations hereof respectively as OWNER and ENGINEER. The authorized representative of the ENGINEER in all matters pertaining to this Contract Document shall be as designated by the President of Wayne Smith & Associates, Inc., R. Wayne Smith. The authorized representative for the OWNER shall be as designated by the City Council. 1 e e SECTION 1 - BASIC SERVICES OF ENGINEER 1.1 General 1.1.1 ENGINEER shall perform professional services as hereinafter stated which include normal civil, structural, mechanical, and electrical engineering services and normal architectural services incidental thereto. 1.1.2 Advise OWNER of need for services of subcontractors for performance of special services, as required from time to time during the Project; he shall detail these needs and present proposals thereon to the OWNER for approval. 1.2 Preliminary Phase. After written authorization to proceed, ENGINEER shall: 1.2.1 Consult with OWNER to determine his requirements for the Project and review available data. 1.2.2 Attend preliminary conference with the OWNER and other interested parties regarding the Project. 1.2.3 Prepare.a preliminary engineering study and report on the Project in sufficient detail to indicate generally the problems involved and the alternate solutions available to the OWNER, to include preliminary layouts, and cost estimates for the Project, and to set forth clearly the ENGINEER'S recommendations. 1.2.4 Review reports of previous engineering studies made for the OWNER pertaining to this Project, collect other relevant data including existing facilities. ENGINEER shall analyze such data and OWNER'S needs and shall generate alternative plans to physically satisfy the OWNER'S needs. Detailed cost analysis shall be made of each alternative and benefits analyzed and quantified where practical. A report of these studies and the ENGINEER'S recommendations thereon shall be prepared. The ENGINEER will furnish sufficient copies of the report, present, and review it in person with the OWNER 1.3 Design. Phase. After written authorization to proceed with the design phase, ENGINEER shall: 1.3.1 On the basis of the "accepted preliminary documents prepare for incorporation in the contract documents, final drawings to show the character and scope of the work to be performed by contractors on the Project and specifications. 1.3.2 Establish the scope of any soil and foundation investigations or any special surveys and tests which, in the opinion of the ENGINEER, may be required for design; 2 e e arrange for such work to be done for the OWNER'S account. 1.3.3 Furnish to the OWNER, where required by the circumstances of the assignment, the engineering data necessary for applications for routine permits by local, state, and federal authorities (as distinguished from detailed applications and supporting documents for government grants-in-aid, or for planning advances). 1.3.4 Prepare detailed specifications and contract drawings, in pencil or ink on paper or plastic film, for construction authorized by the OWNER 1.3.5 Prepare detailed cost estimates of authorized construction. The ENGINEER shall not be required to guarantee the accuracy of these estimates. 1.3.6 Furnish to the OWNER all necessary copies of approved plans, specifications, notices to bidders, and proposal forms. All sets of plans in excess of agreed number are to be paid for separately. 1.4 Construction Phase. 1.4.1 Assist the OWNER in the advertisements of the Project for bids. After written authorization to proceed with the construction phase, ENGINEER shall: 1.4.2 ENGINEER shall furnish all documents sufficient to facilitate the bid process. 1.4.3 Consult with and advise OWNER as to the acceptability of subcontractors and other persons and organizations proposed by the prime Contractor(s) [hereinafter called "Contractor(s)"] for those portions of the work as to which such acceptability is required by the contract documents. 1.4.4 Consult with and advise OWNER as to the acceptability of substitute materials and equipment proposed by Contractor(s) when substitution is permitted by the contract documents. 1.4.5 Assist OWNER in evaluation bids or proposals and in assembling and awarding contracts. ENGINEER shall prepare a detailed bid tabulation, including bid analysis, research of Contractor's qualifications, and a recommendation. 1.4.6 Consult with and advise OWNER and act as his representative as provided in the Standard General Conditions of the Construction Contract, the extent and limitations of the duties, responsibilities and authority of ENGINEER as assigned in said Standard General Conditions shall not be modified without ENGINEER'S written consent; all of OWNER'S instructions to Contractor(s) will be issued through ENGINEER who will have authority to act on behalf of OWNER to the 3 e e extent provided in said Standard General Conditions except as otherwise provided in writing. 1.4.7 Make periodic visits as required by the OWNER to the site to observe, as an experienced and qualified design professional, the progress and quality of the executed work and to determine in general if the work is proceeding in accordance with the contract documents; he shall not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of work; he shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by Contractor( s) or the safety precautions and programs incidental to the work ofContractor(s). His efforts will be directed toward ascertaining and determining for OWNER that the completed Project will conform to the Contract Documents, but he shall not be responsible for the failure of Contractor(s) to perform the construction work in accordance with the contract documents. During such visits and on the basis of his onsite observations he shall keep OWNER informed of the progress of the work, shall endeavor to guard OWNER against defects and deficiencies in the work ofContractor(s) and may disapprove or reject work as failing to conform to the contract documents. ENGINEER shall attend all District meetings as required during the construction phase. 1.4.8 Review and approve shop drawings (as that term is defined in the Standard General Conditions) and samples, the results of tests and inspections and other data. which any Contractor is required to submit, but only for conformance with the design concept of the Project and compliance with the information given in the contract documents; determine the acceptability of substitute materials and equipment proposed by Contractor(s); and receive and review (for general content as required by the specifications) maintenance and operating instructions, schedules, guarantees, bonds, and certificates of inspection which are to be assembled by Contractor(s) in accordance with the contract documents. . 1.4.9 Issue all instruction of OWNER to Contractor(s); prepare routine change orders as required; he may, as OWNER'S representative, require special inspection or testing of the work; he shall act as interpreter of the requirements of the contract documents and judge of the performance thereunder by the parties thereto and shall make decisions on all claims of OWNER and Contractor(s) relating to the execution and progress of the work and all other matters and questions related thereto; but ENGINEER shall not be liable for the results of any such interpretations or decisions rendered by him in accordance with accepted engineering practices, procedures, and design criteria. 1.4.10 Based on his onsite observations as an experienced and qualified design professional and on his review ofContractor(s) applications for payment and the 4 e e accompanying data and schedules, determine the amounts owing to Contractor( s) and approve in writing payments to Contractor(s) in such amounts; such approvals of payment will constitute a representation to OWNER, based on such observation and review, that the work has progressed to the point indicated and that, to the best of his knowledge, information and belief, the quality of the work is in accordance with the contract documents (subject to the evaluation of the work as a functioning Project upon substantial completion, to the results of any subsequent tests called for in the contract documents, and to any qualifications stated in his approval), but by approving an application for payment ENGINEER will not be deemed to have represented that he has made any examination to determine how or for what purposes any Contractor has used the moneys paid on account of the contract price, or that title to any of the Contractor(s) work, materials or 'equipment has passed to OWNER free and clear of any lien, claims, security interests or encumbrances. 1.4.11 Provide, from the field prints maintained by the contractor, one set of record drawings. These shall be "Red-Line" drawings and shall be delivered within three months of completion of last construction contract. 1.4.12 Conduct an inspection to determine if the Project is substantially complete and final inspection to determine if the Project has been completed in accordance with the contract documents and if each Contractor(s) has fulfilled all of his obligations thereunder so that ENGINEER may approve, in writing, final payment to each Contractor. 1.4.13 Services after completion of the construction phase, such as inspections during any guaranteed period and reporting observed discrepancies under guarantees called for in any contract for the Project. 1.4.14 ENGINEER shall act as the OWNER'S agent in obtaining necessary routine approvals and routine permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. Routine permits include items such as highway or road crossings but do not include items requiring services in addition to design, such as Waste Discharge Permit, Corps of Engineers Permit, Environmental Impact Statements, et cetera. SECTION 2 - ADDmONAL SERVICES OF ENGINEER 2.1 General. If authorized in writing in separate instrument, by OWNER, ENGINEER shall furnish or obtain from others, additional services of the following types which are not considered normal or customary basic services; these will be additionally paid for by 5 e e OWNER as indicated in Section 5. 2.1.1 Services resulting from significant changes in general scope of the Project or its design including, but not limited to, changes in. size, complexity, OWNER'S schedule, or character of construction; and revising previously accepted studies, reports, design documents or contract documents when such revisions are due to causes beyond ENGINEER'S control. 2.1.2 Provide renderings or models for OWNER'S use. 2.1.3 Preparing documents for alternate bids requested by OWNER for work which is not executed or documents for out-of-sequence work. 2.1.4 Investigations involving detailed consideration of operations, maintenance, and overhead expenses; and the preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals, and valuations; detailed quantity surveys of material, equipment and labor; and audits or inventories required in connection with construction performance by OWNER. 2.1.5 Furnishing the services of special consultants for other than the normal civil, structural, mechanical and electrical engineering and normal architectural design incidental thereto such as consultants for interior design, selection of furniture and furnishings, communications, (excluding instrumenting incidental to Project), acoustics, kitchens, and landscaping. 2.1.6 Services resulting from the involvement of more separate prime contract for construction or for equipment than are contemplated. 2.1.7 Services in connection with change orders to reflect changes requested by OWNER if the resulting change in compensation for basic services is not commensurate with the additional services rendered, and services resulting from significant delays; changes or price increases occurring as a direct or indirect result of material, equipment or energy shortages. 2.1.8 Services during out-of-town travel required of ENGINEER other than visits to the Project site as required by Section 1 or the state agencies to solicit permits. 2.1.9 Additional or extended services during construc.tion made necessary by (1) work damaged by fire or other cause during construction, (2) a significant amount of defective or neglected work of any Contractor, (3) prolongation of the contract time of any prime Contractor by more than sixty days, (4) acceleration of the work schedule involving services beyond normal working hours, and (5) default by any Contra.ctor. The cost for these services will be negotiated should the need arise. 6 e e 2.1.10 Services as required to prepare, from the prints maintained by the contractor during construction, one set of record drawings. The one set of record drawings shall be reproducible. 2.1.11 Preparing to serve or serving as a consultant or witness for OWNER in any litigation. 2.1.12 Additional services in connection with the Project, including services normally furnished by OWNER and services not otherwise provided for in this Agreement. 2.1.13 Services as right-of-way agent for the OWNER. 2.1.14 Services, furnished by others on a subcontract basis to the ENGINEER, by subcontract; subject to prior approval of the OWNER 2.1.14.1 The services of a Registered Public Surveyor for property, boundary, easement, right-of-way, topographic, control points, and utility surveys and property descriptions. 2.1.14.2 Materials testing services, in one or more subcontractors. 2.1.14.3 Professional interpretations of the material testing results. 2.1.15 Title search services. 2.2 Resident services during construction. 2.2.1 If requested by OWNER or recommended by ENGINEER and agreed to in writing by the other, a Resident Project Representative and assistants will be furnished and will act as directed by ENGINEER in order to provide more extensive representation at the Project site during the construction phase. Such services will be paid for by OWNER as indicated in paragraph 5.1.4.4. 2.2.2 The duties and responsibilities and the limit~tions on the authority of the Resident Project Representative and assistants will be set forth in Exhibit A which is to be identified, attached to and made a part of this Agreement before such services begin~ 2.2.3 Through more extensive onsite observations of the work in progress and field check of materials and equipment by the Resident Project Representative (if furnished) and assistants, ENGINEER shall endeavor to provide further protection for OWNER against defects and deficiencies in the work, but the furnishing of such Resident Project Representation will not make ENGINEER responsible for 7 e e construction means, methods, techniques, sequences or procedures or for safety precautions or programs, or for Contractor(s) failure to perform the construction work in accordance with the contract documents. 2.2.4 The Resident ENGINEER and any assistants shall be subject to approval by the OWNER and subject to an interview with OWNER1S representative for determination of qualifications. The OWNER shall have the right to order removal of an ENGINEER representative from the work for stated cause provided one week's notice is given. SECTION 3 - OWNER'S RESPONSmILITIES 3.1 Provide full information as to his requirements for the Project. 3.2 Assist ENGINEER by placing at his disposal all available information pertinent to the Project including previous reports and any other data relative to design and construction of the Project. ENGINEER may rely on the accuracy and veracity of said information reports and data supplied by OWNER without independently verifying same. 3.3 Guarantee access to and make all provisions for ENGINEER to enter upon public and private property as required for ENGINEER to perform his services. 3.4 Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by ENGINEER, obtain advice of an attorney, insurance counselor and other consultants as he deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER 3.5 Provide such legal, accounting, independent cost estimating and insurance counseling services as may be required for the Project, and such auditing service as OWNER may require to ascertain how or for what purpose any Contractor has used the moneys paid to him under the construction contract and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. 3.6 Designate in writing a person to act as OWNER'S representative with respect to the work to be performed under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define OWNER'S policies and decisions with respect to materials, equipment, elements and systems pertinent to ENGINEER'S services. 3.7 Furnish, or direct ENGINEER to provide, necessary additional services as stipulated in Section 2 of this Agreement or other services as required. 8 e e 3.8 Bear all costs incident to compliance with the requirements of this Section. SECTION 4 - PERIOD OF SERVICE 4.1 The provisions of 4.2 through 4.8, inclusive, and the various rates of compensation for ENGINEER'S services provided for elsewhere in this Agreement have been agreed to in anticipation of the orderly and continuous progress of the Project through completion of the construction phase. ENGINEER'S obligation to render services hereunder will extend for a period which may reasonably be required for the design, award of contracts and construction of the Project including extra work and required extensions thereto. 4.2 The services called for in the preliminary phase will be completed and the report submitted within a reasonable time following the authorization to proceed with that phase of services. 4.3 After acceptance by OWNER of the preliminary documents and revised opinion of probable Project cost, indicating any specific modifications of changes in scope desired by OWNER, and upon written authorization from OWNER, ENGINEER shall proceed with the performance of the service called for in the design phase, so as to deliver contract documents and a revised opinion of probable Project cost for all authorized work on the Project within a reasonable time after the authorization to proceed with that phase of selVlces. 4.4 ENGINEER'S services under the preliminary phase and design phase shall each be considered complete when the submissions for that phase have been accepted by OWNER. 4.5 After acceptance by OWNER of the contract documents and ENGINEER'S most recent opinion of probable Project cost and upon written authorization to proceed, ENGINEER shall proceed with performance of the services called for in the construction phase. The design phase shall terminate and the services to be rendered thereunder shall be considered complete upon commencement of the construction phase or upon cessation of negotiations ,with Contractor(s). 4.6 The construction phase will comttlence with the advertisement of the Project or any part thereof, and will terminate upon written approval by ENGINEER of final payment on the last prime contract to be completed. Construction phase services may be rendered at different times in respect of separate prime contracts if the Project involves more than one prime contract. 4.7 In the event that the work of the Project is to be performed under more than one prime contract, OWNER and ENGINEER shall, prior to commencement of the design phase, 9 e e develop a schedule for performance of ENGINEER'S services during the design and construction phases in order to sequence and coordinate properly such services as applicable to the work under such separate contracts. This schedule is to be prepared whether or not the work under such contracts is to proceed concurrently. 4.8 If OWNER has requested significant modifications or changes in the scope of the Project, the time of performance of ENGINEER'S services shall be adjusted appropriately. 4.9 If OWNER fails to give prompt written authorization to proceed with any phase of services after completion of the immediately preceding phase, or if the construction phase has not commenced within sixty calendar days after completion of the design phase, ENGINEER may, after giving seven days notice to OWNER, suspend services under this Agreement. 4.10 If ENGINEER'S services for design or during construction of the Project are delayed or suspended in whole or in part by Owner for more than three months for reasons beyond ENGINEER'S control, ENGINEER shall on written demand to OWNER (but without termination of this Agreement) be paid as provided in paragraph 5.3.5 for services delayed or suspended. If such delay or suspension extends for more than one year for reasons beyond ENGINEER'S control, or if ENGINEER for any reason is required to render services more than one year after substantial completion, the various rates of compensation provided for elsewhere in this Agreement shall be subject to renegotiation. SECTION 5 - PAYMENTS TO ENGINEER 5.1 Compensation for all services by the ENGINEER shall be in accordance with one of the methods outlined below and specifically noted in each written assignment detailed in accordance with this agreement. 5.1.1 Percentage of Construction 5.1.1.1 In this method of arriving at the ENGINEER'S compensation the applicable current median compensation curves (with notes applicable thereto) of the City of Houston - Department of Public Works and Engineering shall be used as a guide for agreement which shall be detailed for a specific assignment. Curves are attached. 5.1.1.2 When the entire Project is awarded on the basis of multiple contracts, applicable fee curves, fee tables, and curve adjustments for additional services for entire Project may be negotiated. Both parties recognize that it may be advantageous to divide the Project 10 e e into two or more parts for bidding construction. 5.1.2 Salary cost times a multiplier plus direct non-salary expenses. 5.1.2.1 5.1.2.2 5.1.2.3 In this method of arriving at the ENGINEER'S compensation, the salaries to be used shall be the current hourly salary of the individual(s) engaged in performing the service for the OWNER. The total compensation under this method shall be the product of the salary cost in performing the service for the OWNER times 3.25 multiplier. Direct non-salary expenses such as travel, subsistence, materials purchased, tests required, special miscellaneous needs shall be invoiced at cost times a multiplier of 1.10. 5.1.3 Lump Sum Charge 5.1.3.1 5.1.3.2 This method of arriving at the ENGINEER'S compensation may be used where it is possible to define with reasonable accuracy the scope of the work to be perf<?rm.ed. The lump sum is determined by applying an appropriate percentage of the estimated construction cost of the Project; this approach is justified only on design type Project of conventional characteristics. 5.1.4 Additional Services. OWNER shall pay ENGINEER for additional services rendered under Section 2 as follows: 5.1.4.1 5.1.4.2 5.1.4.3 General. For additional services rendered under paragraphs 2.1.1 through 2.1.14, inclusive (except services covered by paragraph 2.1.5 and services as a consultant of witness under paragraph 2.1.10, on the basis of salary) cost times a factor of3.25 for services rendered by principal and employees assigned to the Project. Special consultants. For services and reimbursable expenses of special consultants and subcontractors (surveyors, testing labs) employed by ENGINEER pursuant to paragraph 2.1.5 or 2.1.14, the amount billed to ENGINEER therefore times a factor of 1.10. Serving as a witness. For the services of the principal and employees as consultants or witnesses in any litigation, hearing or 11 e e proceeding in accordance with paragraph 2.1.10, at the rate of $1500.00 per day or any portion thereof (but compensation for time spent in preparing to appear in any such litigation, hearing or proceeding will be on the basis provided in paragraph 5.1.4.1). 5.1.4.4 Resident project services. For resident services during construction furnished under paragraph 2.2.1, on the basis of salary costs times a factor of 3 .25 for services rendered by principals and employees assigned to field offices in connection with Resident Project Representation. 5.1.5 Reimbursable expenses. In addition to payments provided for in paragraph 5.1.4, OWNER shall pay ENGINEER the actual costs of all reimbursable expenses incurred in connection with all additional services except those services provided in 5.1.4.4. 5.1.6 As used in this paragraph 5.1, the terms "construction costll, "salary costsll and IIreimbursable expenses" will have the meanings assigned to them in paragraphs 5.3.1,5.3.2, and 5.3.3. 5.2 Times of Payment. 5.2.1 ENGINEER shall submit monthly statements for basic and additional services rendered and for reimbursable expenses incurred. When compensation is on the basis of a lump sum or percentage of construction cost, the statements will be based upon ENGINEER'S estimate of the proportion of the total services actually completed at the time of billing. Otherwise, these monthly statements will be based upon ENGINEER'S salary cost times a factor. OWNER shall make prompt monthly payments in response to ENGINEER'S monthly statements. 5.2.2 Where compensation for basic services is on the basis of a lump sum or percentage of construction cost, OWNER sha1~ upon conclusion of each phase of basic services, pay such additional amount, if any, as may be necessary to bring total compensation paid on account of such phase to the following percentages of total compensation for all phases of basic services. Of the total fees due, the percentages to be paid under the various phases of work are as follows: preliminary phase twenty percent, design phase sixty-five percent, and construction phase fifteen percent. The OWNER shall approve invoices on a monthly basis for work performed under the basic service fee and also for special services rendered. The OWNER will promptly pay monthly invoices as submitted by the ENGINEER in accordance with this Agreement. 12 5.3 General e e 5.3.1 The construction cost of the entire Project (herein referred to as "construction cost") means the total cost of the entire Project to OWNER, but it will not include ENGINEER'S compensation and expenses, the cost of land, rights-of-way, or compensation for or damages to properties unless this Agreement so specifies, nor will it include OWNER'S legal, accounting, insurance counseling or auditing services, or interest and financing charges incurred in connection with the Project. When construction cost is used as a basis for payment, it will be based on one of the following sources with precedence in the order listed: 5.3.1.1 5.3.1.2 5.3.1.3 For completed construction, the total cost of all work performed (excluding work by OWNER) as designed or specified by ENGINEER For work not constructed, the lowest bona fide bid received from a qualified bidder for such work; or if the work is not bid, the lowest bona fide negotiated proposal for such work. For work for which no such bid or proposal is received, ENGINEER'S most recent opinion of probable project cost. Labor furnished by OWNER for the Project will be included in the construction cost at current market rates including a reasonable allowance for overhead and profit. Materials and equipment furnished by OWNER will be included at current market prices except used materials and equipment will be included as if purchased new for the Project. No deduction is to be made from ENGINEER'S compensation on account of any penalty, liquidated damages, or other amounts withheld from payments to Contractor(s). . 5.3.2 The "salary costs" used as a basis for payment mean the salaries and wages paid to all personnel engaged directly on the Project, including, but not limited to, engineers, architects, survey men, designers, draftsmen, specification writers, estimators, other technical personnel, stenographers, typists and clerks; plus tlie cost of customary and statutory benefits including, but not limited to, social security contributions, unemployment, excise and payroll taxes, workmen's compensation, health and retirement benefits, sick leave, vacation and holiday pay applicable thereto. For the purposes of this agreement the amount of customary and statutory benefits of all other personnel will be considered equal to thirty five percent of salaries and wages. 5.3.3 Reimbursable expenses mean the actual expenses incurred directly or indirectly in 13 e e connection with services provided under 5.1.4 (excluding 5.1.4.4) of the Project for: transportation and subsistence incidental thereto; obtaining bids or proposals from Contractor(s); toll telephone and similar related items in addition to those required under Section 1; computer time including an appropriate charge for previously established programs; and, if authorized in advance by OWNER, overtime work requiring higher than regular rates. 5.3.4 If OWNER fails to make payment for monthly invoices due ENGINEER for services and expenses within 30 days after receipt of ENGINEER'S bill; therefore, the amounts due ENGINEER shall include a charge at the rate of 1.5 percent per month from said 30th day, and in addition ENGINEER may, after giving 7 days' written notice to OWNER, suspend services under this Agreement until he has been paid in full all amounts due him. for services and expenses, except where detailed in paragraph 5.2.1. If contract is terminated by reason of nonpayment of fees as set out in this paragraph, a lump sum payment will be made for all salary costs times a factor of3.25 and all direct expenses times a factor of 1.10. This stipulation is applicable to payments due ENGINEER during the Project period. 5.3.5 Included in the basic fee are the following miscellaneous expenses such as but not limited to telephone, reproduction, printing, et cetera, that are related to performance of basic services. SECTION 6 - GENERAL CONSIDERATIONS 6.1 Re-use of documents. All documents including drawings and specifications furnished by ENGINEER pursuant to this Agreement are instruments of his services in respect of the Project. They are not intended or represented to be suitable for re-use by OWNER or others on extensions of the Project or on any other Project. Any re-use without specific written verification or adaptation by ENGINEER will be at OWNER'S sole risk and without liability or legal exposure to ENGINEER, and OWNER shall indemnify and hold harmless ENGINEER for all claims, damages, losses and expenses including attorney's fee 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 mGINE~ . 6.2 Estimate of Cost. 6.2.1 Since ENGINEER has no control over the cost oflabor, materials or equipment, or over the Contractor(s) methods of determining prices, or over competitive bidding or market conditions, his opinions of probable Project cost or construction cost provided for herein are to be made on the basis of his experience and qualifications and represent his best judgment as a design professional familiar with 14 e e the construction industry, but ENGINEER cannot and does not guarantee that proposals, bids or the construction cost will not vary from opinions of probable cost prepared by him. If prior to the bidding or negotiating phase, OWNER wishes greater assurance as to the construction cost, he shall employ an independent cost estimator as provided in paragraph 3.6. 6.3 Dispute Resolution 6.3.1 The parties will attempt in good faith to resolve any contrC?versy or claim arising out of or relating to this agreement promptly by negotiation between senior executives of the parties who have authority to settle the controversy. 6.3.2 The disputing party shall give the other party written notice of the dispute. Within ten days after receipt of said notice, the receiving party shall submit to the other a written response. The notice and response shall include (a) a statement of each party's position and a summary of the evidence and arguments supporting its position, and (b) the name and title of the executive who represent that party. The executives shall meet at a mutually acceptable time and place within twenty days of the date of the disputing party's notice and thereafter as often as they reasonably deem necessary to exchange relevant information and to attempt to resolve the dispute. 6.3.3 If the controversy or claim has not been resolved within thirty days of the meeting of the senior executives, the parties shall endeavor to settle the dispute by mediation under the Center for Public Resources Model Procedure for Mediation of Business Disputes or pursue amicable termination. 6.3.4 If the matter has not been resolved pursuant to the aforesaid mediation procedure within sixty days of the commencement of such procedure, (which period may be extended by mutual agreement), or if either party will not participate in such procedure, the parties shall pursue amicable termination. 6.4 Successors and assigns. OWNER and ENGINEER each binds himself and his partners, successors, executors, administrators, and assigns to the other party of the Agreement and to the partners, successors, executors, administrators, and assigns of such other party in respect to all covenants of this Agreement; except as above, neither OWNER nor ENGINEER shall assign, sublet, or transfer his interest in this Agreement without the written 'consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer .or agent of any public body which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than OWNER or ENGINEER 15 e e SECTION 7 - SPECIAL PROVISIONS 7.1 OWNER and ENGINEER agree that this Agreement is subject to the following special provisions which together with the provisions hereof and the exhibits and schedules hereto represent the entire Agreement between OWNER and ENGINEER: they may only be altered, amended or repealed by a duly executed written instrument. 7.1.1 The OWNER shall have right of approval and removal of Resident Project Representative. 7.1.2 The OWNER shall receive written copies of all correspondence from the ENGINEER related to the Project including daily construction progress reports. 7.1.3 ENGINEER shall have final responsibility for maintaining and preparing accurate record drawings of all construction; said record drawings will be based on information supplied by Contractor. Record drawings will be submitted to the OWNER (originals or sepias) within three months after completion of construction contracts. 7.1.4 Both parties recognize that it may be advantageous to divide the Project into two or more parts for bidding and construction. 7.1.5 It is hereby declared to be the intent of the maker hereof to create and covenant each separate provision hereof independently in its operative effect of all other provisions, and the fact that any article, section, paragraph, sentence, clause, word or part of this instrument shall be declared invalid or unconstitutional by final judgment of any court of competent jurisdiction shall in no event effect any other article, section, paragraph, sentence, clause, word, or part of this instrument, and it is hereby declared to be the intent of the maker hereof to have created and covenanted each article, section, paragraph, sentence, clause, word, or part thereof irrespective of the fact that any other article, section, paragraph, sentence, clause, word or part thereof may be thus declared invalid or unconstitutional. 16 e e IN WITNESS WHEREOF the parties hereto have made and executed this Agreement as of the day and year first above written. OWNER: CITY OF LA PORTE, TEXAS By:;f~~ , Norman Malone Mayor By: ATTEST: ByL-fJJ~M Martha Gillette . City Secretary ~/ Charles W. Beere, P .E. SecretarylTreasurer ~ APPROVED AS TO FORM: (Seal) 17 DEPARTMENT OF PUBLIC WORKS AND ENGINEERING k Curves of Median Compensation e. CURVES A AND B --. ... --. .. . -... .- -_.-. Richard C. Scott, P.E. Deputy Director I City Engineer e e aoo ~~ . ~" - . '- \.\ r - I-- ,-- , 'X - CIT" Of H IU ;1 n ~ "; CITY 0 He us T'" ------ MOC IflEI CUI E II' \ ..\. MODlfl 0 (UR iL !'t. - \ - , , . ' ... - ~ - , ~. "Ilil '" " I ~ ~ ~ - , -, "- ..... 10... 'lilo.. ........ "'lIiii;, i--. ~ - ""'II.... ~- --- --- I- - - :--- - 1- so 10 a MILLIONS OF DOLLARS I o.a 0.011 0.1 CONSTRUCTION COST 0.01 1.. 13 II 10 II 7 G !l .. 9 12 to- Z au U 0: au 0- I .... CJ 0:: -< X U u iii -< m e TYPICAL ASSIGNMENTS OF PROJECTS Curve A e City of Houston Department of Public Works and Engineering Curve A is intended to apply to assignments of which the following are typical examples: Water, wastewater and industrial waste treatment plants (not to include Rehabilitation) Low Cost, or complicated, waterfront and marine tenninal facilities Complicated darns and hydro-power installations Bridges Grade crossing eliminations Urban streets. and freeways, included related drainage facilities Water distribution lines under 24-inch diameter Pumping stations Air pressure tunnels Swimming pools Foundations Stormwater detention facilities requiring TNRCC pennits Roads and streets (reconstruction) Storm sewers and drains less than 42-inches in diameter Curve B Curve B is intended to apply to less complicated assignments of which the following are examples: Large intercepting and relief seWers Large intercepting storm sewers and drainage structures Sanitary sewage collection lines 24-inch diameter and over Water distribution lines 24-inch diameter and over Dams of average complexity Airport paving and grading Irrigation works, except pumping plants Railways Levees and flood walls, Conventional Sewer and water tunnels (tree air) . Earthwork and dredging Highways and rural roads, except low-cost rural roads High cost wharf facilities of conventional design Retaining walls and bulkhead, conventional Roads and streets (new construction) Stonnwater detention facilities requiring only local approvals testing. A TT ACHM:ENT B e- e ~ ..,.; REOUES.OR CITY COUNCIL AGENDA IA Agenda Date Requested: ~o Requested By: S. Gillett ~.A5epartment: Public Works _ Report _ Resolution XX Ordinance Exhibits: Ordinance No. 00- Bid Tabulation SUMMARY & RECOMMENDATION The FY 1999-2000 Sewer Rehabilitation Fund was created to repair and replace sanitary sewer lines throughout the city. Through in-house televising of these lines, the City has identified several locations that, due to the ' . depth and condition of the lines, should be rehabilitated utilizing trenchless technology. The Project, designed in"house, received bids on August 7, 2000, with two bids received. Low bid was submitted by Garver Construction, Ltd. in the amount of$109,805.00. Completion date is 60 days after receipt of notice to proceed. A total of$129,000.00 is available for this Project. It is recommended that a contract be awarded to Garver Construction, Ltd. in the amount of $109,805.00. A contingency of$5,490.00 is also recommended. Action Required by Council: Approve Ordinance No. 00- authorizing the City Manager to execute a contract with by Garver Construction, Ltd. in the amount of $109,805.00 for the construction of the Project. Additi~nally, authorize $5,490.00 for contingency. Availability of Funds: _ General Fund_.WaterlWastewater -X Capital Improvement Other Account Number: 018-9881-669-1100 Funds Available: x.. YES NO Approved for City Council Al!enda ~ T.. \r(~ ~"\O-OO Robert T. Herrera Date City Manager e e . ORDINANCE NO. 2ooo-Q4~ AN ORDINANCE APPROVING AND AUTHORIZING A CON'rRACT BETWEEN THE CITY OF LA PORTE AND GARVER CONSTRUCTION, LTD. , FOR SANITARY SEWER REPAIRS; APPROPRIATING $109,805.00 PLUS A CON'rINGENCY OF $5,490.00, TO FOND SAID CON'rRACT; HAltING VARIOUS FINDINGS AND PROVISIONS RELATING TO 'l'BE 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: seotion 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 $109,805.00 plus a contingency of $5,490.00 from the Sewer Rehabilitation Fund Account No. 018 to fund said contract. seotion 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 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 ORDJ:NANCE NO. 2000- ai~" 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 14th day of August, 2000. CITY OF LA PORTE By: ~~ No an L. Malon Mayor ATTEST: ~{)..~ ar ha A. Gillett City Secretary - - - - - - It. art.lAp III I I 1I PROPOSED TRUNKMAIN ... ... - - e I - 1mffimrnOJ[' C _ . :nmmttrJ [I] - - oJmTImtillU\' IITI ED;[I]-':: --:s "- ad :0. . _H':. .. .. M...I L.....- -..- 1 . ad 1_11-1.':' ~' -~ _: ' . -~ -------~ ... - ~~ _ L:::J WEST MAIN S1REET 5~~' p L. N .. ......~~ \ ~ .. Q]m~ .....-- - rr'if L--- l 1--"- 1--- ~ ~:: nr..,1 ~Ir- ,.....:.. ~'- ~ t I . I-- .. .. t:= ~ '8 \ ~~ ~ l- f- \ ~ fI ~' ...... .. --- - FAlRMONT PARXWAY ---r-l. "- . - ~.(;' ~t:o I A.,.:fY ..., , ~' {)<\J !\~ ~~ ~ . """," III'J_.... o a: <l > '" ...I :l o CD <l bJ a: <l >- <l CD I - ~ ~ ...b~.~CJ 1= rill ~ >- UIII ~ .~ ~~. // i !\~ -1"/ I i & EXHIBIT "A" \ \\i\H\ \ \ e e Due to the volume of this contract, a copy is available for your review in the City Secretary's Office e e BID TABULATION CITY-WIDE SANITARY SEWER REHABILITATION UTILIZING CURE-IN-PLACE PIPE CLP PROJECT NO. 2000-7140 CONTRACTOR BASE BID GARVER CONSTRUCTION, LTD. $ 109,850.00 INSITUFORM TECHNOLOGIES, INC. $ 112,773.00 e e PROJECT DESCRIPTION The City of laPorte is requesting bids for the rehabilitation of sanitary sewer with cure in place pipe. The description and sketches, which follow, identify the sewer lines identified for this project The bidder should understand that the sewer lines identified with service connections would be reconnected by excavation. These service reconnects may be in close pro~imity to gas lines, telephone lines, power lines and other utilities. It will be the contractor's responsibility to protect and maintain these during the course of work. i. Water and meter for this project will be provided by the City of LaPorte from the nearest City fire hydrant in proximity to the work site. ectlon treet Ize ervices Lenath Decth Thickness 55-53 Pine Bluff 8 0 95 7.0' 6.0mm 68-51 Bay Side 8 2 236 10.0' 6.0mm 98-48 Bay Oaks 8 10 540 13.5' 6.0mm 115a-115 N Shadv 10 0 98 10.5' 6.0mm 115-114 N Shadv 10 0 169 10.0' 6.0mm 114-LS39 N Shadv 15 0 20 10.0' 7.5mm . . > Line S Cross S Line Section 1113B- 1113A Cross Street Main. Line Section 12-1 Cross Street. I Wilmont - 1: SOUTH BROADWAY Pipe Number Approx. S' S Approx.. CIPP CIPP Thickness 6.0mm FAIRMONT PKWY AT LIFT STATION 30 Pipe Number Size Services /24 10 Approx. Length 145 Approx. Depth 124' CIPP Thickness 119.5 mm I e e e e IL AGENDA ITEM Requested By: Report Exhibits: epartment: Parks & Recreation Resolution XX Ordinance 1. Ordinance No. 00 - Authorizing and approving three separate agreements between the City of La Porte and the: 1) Texas General Land Office, 2) Texas Natural Resource Conservation Commission and 3) U.S. Fish & Wildlife Service to provide funding totaling $168,638 for the Little Cedar Bayou Stabilization Project. 2. Project Cooperation Agreement - Texas General Land Office. 3. Inter-local Agreement - Texas Natural Resource Conservation Commission. 4. Grant Agreement - U.S. Fish & Wildlife Service. 5. Proposed Scope of Work. SUMMARY & RECOMMENDATION On February 281", staff presented a report prepared by the Houston Galveston Area Council regarding an inter-agency plan to control the continuing erosion problem at the mouth of Little Cedar Bayou, in Little Cedar Bayou Park. The attached contracts represent three separate governmental agency contracts as a result of the HGAC initiative. If the contracts are approved, the Texas General Land Office will act as project administrator and provide $124,838 toward the project. The Texas Natural Resource Conservation Commission will provide $33,800 toward the project, and the U.S. Fish & Wildlife Service will provide $10,000 toward the project. The City will contribute force account work toward the project in the amount of $1 0,025 in in-kind contributions as its share toward the project, as was discussed at the February meeting. Proceeds from from the TNRCC grant ar;ld the USF&W grant will be applied as matching funds for the General Land Office grant. Altogether, the grant package will provide $168,638 in funding for the Little Cedar B~you Stabilization Project. Staff Recommendation: Staff recommends that Council consider approval of the three proposed contracts for funding in the amount of $168,638 for the Little Cedar Bayou Stabilization Project. Action Required by Council: Consider an ordinance authorizing and approving the three agreements between the City of La Porte and the 1) Texas General Land Office, 2) Texas Natural Resource Conservation Commission, and 3) U.S.Fish & Wildlife Service to provide administration and funding of the Little Cedar Bayou Stabilization Project. Availability of Funds: ~ General Fund _ Capital Improvement _N/A Account Number: WaterlWastewater = General Revenue Sharing Funds Available: --L YES NO Approved for City Council Aaenda GJ~ -r- ~ Robert T. Herrera <6. to-ao Date e e ORDINANCE NO. OO-~ t/P-1 AN ORDINANCE AUTHORIZING AND APPROVING THREE SEPARATE AGREEMENTS BETWEEN THE CITY OF LA PORTE AND THE: 1) TEXAS GENERAL LAND OFFICE, 2) TEXAS NATURAL RESOURCE CONSERVATION COMMISSION, AND 3) U.S. FISH & WILDLIFE SERVICE TO PROVIDE FUNDING IN THE COMBINED AMOUNT OF $168,638 FOR THE LITTLE CEDAR BAYOU STABILIZATION PROJECT; 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 contracts, agreements, or other undertakings described in the title of this ordinance, in substantially the form as shown in the documents which are attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such documents and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affIX the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place, and subject of t;his 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 confrrms such written notice and the contents and posting thereof. e e Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 14TH day of August, 2000. CITY OF LA PORTE By: ~~ At4- Norman L. Malone, Mayor ATTEST: ~~.niJJd Martha Gillett, City Secretary .1 AP~:O~D AS TO _FO~ rz;;;-z/ ~ Knox W. Askins, , City Attorney e e Texas General Land Office August 23,2000 David Dewhurst Commissioner Stephan Barr Director of Parks and Recreatoin City of LaPorte P.O. Box 1115 LaPorte, Tx 77572-1115 Re: GLO Contract No. 00-333 C Dear : For your files, enclosed please fmd one fully executed contract with the General Land Office. If you have any questions, please call me at (512) 475-2225. Sincerely, ~~ Kathy Smartt Contract Liaison Enclosure Stephen F. Austin Building 1700 North Congress Avenue Austin, Texas 78701.1495 512.463.5001 e e GLO Contract No. 00-333 C Coastal Projects No. 1031 PROJECT COOPERATION AGREEMENT FOR PROJECT DESCRIPTION AND FUNDING BETWEEN THE GENERAL LAND OFFICE AND CITY OF LA PORTE FOR LITTLE CEDAR BAYOU THIS PROJECT COOPERATION AGREEMENT (the "Agreement") is made and entered into by and between the General Land Office ("GLO") and the City of La Porte (the "Qualified Project Partner") pursuant to the Coastal Erosion Planning and Response Act (the "Act"), codified as Texas Natural Resources Code, Chapter 33, Subchapter H, and the regulations set forth in Texas Administrative Code, Title 31, Chapter 15, Subchapter B. WHEREAS, pursuant to the Act, the GLO is authorized to implement a program of coastal erosion avoidance, remediation, and planning and will undertake coastal erosion studies, demonstration projects, and response projects in conjunction with qualified project partners; and WHEREAS, upon the receipt of legislative appropriations, funds may be expended from the Coastal Erosion Response Account (the "Account") to finance erosion response activities authorized by the Act and approved by .the Commissioner of the GLO; and WHEREAS, if the GLO and the Qualified Project Partner enter into a project cooperation agreement to undertake an erosion response study or project, the Act requires the Qualified. Project Partner to pa,y at least 25% of the shared project costs either (i) before completion of the project, or (ii) following completion of the project as set forth in this Agreement; and WHEREAS, the Qualified Project Partner has filed a Project Goal Summary with the GLO in accordance with 31 Texas Adnlinistrative Code ~15.21, attached hereto as Attachment A' and . -, ...... ...... ;. . v ~. ,. . \ e e WHEREAS, the GLO has determined that shoreline stabilization is a viable option for addressing erosion on Little Cedar Bayou, and has authorized funding from the Account to finance such option; and WHEREAS, this Agreement and all attachments hereto (referred to collectively as the "Agreement"), shall set forth the terms and conditions under which the erosion response project will be completed and funded; NOW THEREFORE, in consideration of the benefits to the State of Texas, the GLO and the Qualified Project Partner enter into this Agreement and hereby agree as follows: I. EROSION RESPONSE PROJECT. 1.01. PROJECT DESCRIPTION. The parties agree to cooperatively address the erosion problem(s) identified in the Project Goal Summary by constructing a nearshore breakwater and planting marsh grasses on the shoreline behind the breakwater (the "Project"). 1.02. TASKS. The parties shall complete the Project in accordance with the Project Work Plan contained in Attachment B attached hereto and incorporated herein for all purposes. 1.03. PROJECT BUDGET. The parties agree that all expenses associated with the performance of this Agreement will not exceed the sum of One Hundred Sixty-nine Thousand Seven Hundred Eighty-four and No/lOO Dollars ($169,784.00) and will be paid in accordance with the Budget attached hereto and incorporated herein by reference as Attachment C. In the event the parties ~gree that additional tasks and/or funds are required for the completion of the Project, the parties shall execute an amendment to this Agreement. 1.04. COASTAL BOUNDARY SURVEY. The Qualified Project Partner agrees and acknowledges that, when required, an approved coastal boundary survey must be filed with the GLO in conformance with Texas Natural Resources Code ~33.136, prior to commencement of the Project. II. TERM. 2.01. DURATION. This Agreement shall be effective on the date the last party executes this Agreement, and shall terminate on August 31, 2001, unless extended by mutual agreement. 2.02. EARLY TERMINATION. This Agreement may De terminated by either party by giving written notice specifying a termination date at least thirty (30) days subsequent to the date of the notice. 2.02. DISPUTE RESOLUTION. If a contract dispute arises that cannot be resolved to the satisfaction of the parties, either party may notify the other party in writing of the dispute. If the parties are unable to satisfactorily resolve the dispute within fourteen (14) days of the written notification, the GLO may require the issue(s) be mediated. In such event, the GLO shall so notify the Qualified Project Partner and furnish the Qualified Project Partner with the names of three mediators acceptable to the GLO. Within ten (10) days of such notice, the Qualified Project Partner i...... "v,,- , , ~ .. ..' 2 e e shall select a mediator from the list provided by the GLO and notify the GLO. The mediation shall occur within thirty (30) days of such notification. Prior to the mediation, each party will provide the mediator with a statement of issues to be mediated, along with any other infonnation/releases required by the mediator. Cost of the mediator shall be borne equally by the parties. Any dispute resolution shall be conducted in accordance with Chapter 2260 of the Texas Government Code. III. FUNDING. 3.01. PARTNER MATCH. a. The Qualified Project Partner shall be responsible for at least 25% of the shared project costs either (i) before completion of the Project, or (ii) following completion of the J;>roject as set forth in this Agreement (the "Partner Match"). The Qualified Project Partner ackr:1owledges that it may be subject to a Partner Match exceeding the minimum 25% share required by the Act. The Qualified Project Partner acknowledges that no costs incurred by the Qualified Project Partner before entering into this Agreement or not in accordance with the Attachment C can be used to offset the Partner Match. b. In-kind goods or serVices provided by the Qualified Project Partner after entering into this Agreement may be used to offset up to 25% of the Partner Match provided the Qualified Project Partner presents the GLO with a reasonable basis for estimating the monetary value of those goods or services. The decision to allow any in-kind goods or services to offset the Partner Match is in the sole discretion of the GLO. c. The Qualified Project Partner agrees and acknowledges that financial assistance from the Beach Cleaning and Maintenance Assistance Program pursuant to 31 Texas Administrative Code Chapter 25 may not be used to meet the Partner Match. 3.02. ALTERNATIVE SOURCE FUNDING. The parties agree to continue to work cooperatively to investigate and secure funding from sources other than the Account. Alternative sources of funding acquired by the Qualified Proj ect Partner after the execution of this Agreement may be used to meet the Partner Match. 3.03. STATE FUNDING. This Agreement shall not be construed as creating any debt on behalf of the. State of Texas and/or the General Land Office in violation of Sec. 49, Art. ill of the State Constitution. In compliance with Sec. 6, Art. vm of the Constitution, it is understood that all obligati(;ms of the State hereunder are subject to the availability of State funds. If such funds are not appropriated or become unavailable, this Contract may be terminated. In that event, the parties shall be discharged from further obligations, subject to the equitable settlement of their respective interests accrued up to the date of termination. 3.04. AUDIT. The GLO reserves the right to audit any Qualified Project Partner account related to the subject project and to verify any expense item submitted for reimbursement by the Qualified Project Partner, who will permit the GLO to inspect, and will make available for inspection, any and all pertinent records, files, infonnation, and other written materials pertaining to the expenditure of funds on the Alternatives Evaluation and/or the Project. The Qualified Project Partner further ~ .. " ~. i 3 e e agrees to maintain, keep, and preserve at its principal office all such records, and all other records associated with this Agreement, for a period of four years following the completion or termination of this Agreement and to make the same available to the GLO or other agencies of the state or federal government for purposes of audit. IV. MISCELLANEOUS PROVISIONS. 4.01. OTHER LAW. Incorporated by reference the same as if specifically written herein are the rules, regulations, and other requirements imposed by law, including but not limited to compliance with those pertinent statutes, rules, and regulations of the State of Texas and those of federal agencies providing funds to the State of Texas, all of which shall apply to the performance of the services hereunder. 4.02. PARTNER COMPLIANCE. This paragraph applies only to a local governmental entity subject to the provisions of the Open Beaches Act (Texas Natural Resources Code, Chapter 61) and the Dune Protection Act (Texas Natural Resources Code, Chapter 63). The Qualified Project Partner acknowledges that it will reimburse the Account for any costs to the erosion response project, whether in the form of increased project costs or decreased benefits, resulting from any action or activity which has occurred or is occurring that is not in compliance with the relevant local beach/dune plan(s). 4.03. POINTS OF CONTACT. 8. The GLO's point of contact for this Agreement shall be: Scott Vanzant Project Manager P.O. Box 12873 Austin, Texas 78711-2873 (512) 463-6950 . (512) 475-0680 -- fax b. The Qualified Project Partner's point of contact for this Agreement shall be: Stephen Barr Director of Parks & Recreation. City of La Porte P.O.BoxII15 La Porte, TX 77572-1115 (281) 470-7275 (281) 470-1361 -- fax "t v ....~. , u " .. .. . ~ u , .. u ~ 4 e e 4.04. NOTICES. Any notice required or permitted to be delivered under this Agreement shall be deemed delivered when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the point of contact for the GLO or the Qualified Project Partner, as the case may be, at the address set forth in Section 4.03 of this Agreement. 4.05. VENUE. This Agreement shall be governed and construed in accordance with the laws of Texas. Venue of any suit brought for breach of this Agreement is fixed in any court of competent jurisdiction in Travis County, Texas; provided, however, the foregoing shall not be construed as a waiver of sovereign immunity by the GLO. 4.06. SEVERANCE. Should anyone or more provisions of this Agreement be held to be void, voidable, or for any reason whatsoever of no force and effect, such provision(s) shall be construed as severable from the remainder of this Agreement and shall not affect the validity of all other provisions of this Agreement, which shall remain of full force and effect. . 4.07. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the parties. No other agreement, statement, or promise that is not contained in this Agreement shall be binding except a subsequent written modification signed by both parties. GENERAL LAND OFFICE ~Q~ Larry R. Soward, Chief Clerk! Senior Deputy Land Commissioner Date of execution: ~q(b QUALIFIED PROJECT PARTNER ~T, ~~ Name: RoBerT T. I+-erre rCl Title: (.;+y M b.J"~t'r Date of execution: ~I /~ D () , SAd ' '/ DIY. : G.C. , " 5 e ATTACHMENT A PROJECT GOAL SUMMARY e _ l .1. .' "- . , e e Project Goal Summary Little Cedar Bayou Shoreline Stabilization Project Date Submitted: November 19, 1999 (revised 2/00 QPP; 5/17/00 GLO) Qualified Project Partner Name and Point of Contact Address/Phone/Fax: Stephen Barr, Director of Parks & Recreation City of La Porte P.O. Box 1115 La Porte, TX 77572-1115 (281) 470-7275 (281) 470-1361--fax Location and Geographic Scope of Erosion Problem (map attached): La Porte, Harris County; The project area is located at Little Cedar Bayou at its terminus into Galveston Bay. The project focus area is approximately 900 feet in length. (see attached maps) Problem Description/Severity of Erosion: The area has lost approximately 33,000 square feet of city owned land, which includes a public park. The estimated erosion rate is 1.5 - 2.0 feet per year. Presumed Causes: . . Subsidence, · Tidal exchange at the mouth of Little Cedar Bayou, · Wind and vessel generated waves. Desired Outcome (Goals of Project): · Protect the public land, public park, private land and Vista Baywood Apartment complex against threat of further erosion, . Enhance and create wetlands. Description of Benefits (if Go~ls of Project are achieved--public, economic and/or natural resource benefits): t .11 ",. ~ , , e e · Preserve and, if possible, increase public and private property values and associated tax revenues, · Protect valuable natural resources in the form of trees and wetlands, · Add wetland features to the public park, · Increase viable plant and wildlife habitat, · Serve as a public education tool for the community. Alternatives for Response and Order-of-Magnitude of Total Cost: $5,000 $50,000 $500,000 $1 million $10 million $50 million' $100 million Shoreline stabilization structure and vegetative plantings. Estimated total project cost: $90,000 -$175,000 Potential Co-sponsors: · Houston-Galveston Area Council (co-submitted PGS) · The City of La P.orte (co-submitted PGS) Potential Funding Sources: · City of La Porte- Qualified Project Partner · US Environmental Protection Agency (EP A) · Galveston Bay Estuary Program (GBEP) · Galveston Bay Foundation (GBF) · US Army Corps of, Engineers (USACE) · Texas Parks and Wildlife Department (TPWD) · US Fish and Wildlife Service (USFWS) State Representative - NameIDistrict: State Senator - Name/District: Congressman - N ame/District: John E. Davis / District No.129 Mike Jackson / District No. 11 Ken Bentsen / District No. 25 .. ,. \~... I. " "l . . ... ,. . , .. e e Project Location Map e ATTACHMENT B PROJECT WORK PLAN e ..= ... L' t. . , to. ,. . .. e e PROJECT WORK PLAN Little Cedar Bayou Shoreline Stabilization Project (1031) 1. To aid in completion of the Project, the GLO shall: a. Contract with professional service provider to: document and review the history ofthe Project; evaluate feasibility of alternatives; recommend preferred alternative; suggest refinements/ value engineering; estimate construction cost; identify permit requirements and prepare applications; provide final plans, specifications for inclusion in the public bid package; and assist with public bidding and contract award as necessary. b. Contract with economic analyst to: prepare economic benefits analysis; and develop economic monitoring protocol. c. Develop a general work order for the professional services provider. d. Contract with construction contractor for the construction ofthe Project. e. Develop a scope of work for the economic analyst. f. Manage contracts with professional service provider, economic analyst and construction contractor. g. Identify GLO requirements relating to state-owned submerged land. h. Estimate total cost and match requirements. 2. To aid in completion of the Project, the Qualified Project Partner shall: a. Confer and cooperate with the GLO on the selection of the professional service provider, scopes of work, and preferred alternatives. b. Confer and cooperate with the GLO to delineate the extent of the project area to be evaluated. c. Provide relevant data and results of previous studies and/or projects to the GLO and selected professional service provider. d. Obtain and provide to GLO and economic analyst data from local appraisal . districts and taxing entities for assessment of economic impacts and benefits. e. Provide information to GLO on multi-agency coordination for initial project concept. f. Provide in kind services if used as match: labor; contractual; volunteers; equipment, and supplies. g. Document in-kind services. ,,\ e ATTACHMENT C PROJECT BUDGET e '" . .....1 ('.: .. _ e e LITTLE CEDAR BAYOU PROJECT ESTIMATED BUDGET SHARED PROJECT COSTS CONTRACTUAL TOTALS 1. Engineering Task 1 - Project Review $6,393 Task 2 - Data Collection $10,362 Task 3 - Final Design and Permitting $15,505 2. Economic Analysis $5,000 3. Construction $120,000 Subtotal $157,259 IN-KIND SERVICES Qualified Project Partner $10,025 GLO $2,500 Alternative Source of Funding $0 Subtotal $12,525 OTHER 1. $0 2. $0 Subtotal $0 TOTAL NOT TO EXCEED PROJECT COST $169,784 Qualified Project Partner (QPP) 25% of Total Costs $42,446 Partner In-kind $10,025 Aiternative Source of Funding $0 TOTAL (25% of total costs - partner in-kind - QPP alternative funding) QUALIFIED PROJECT PARTNER'S SHARE* $32,421 CEPRA 75% of Total Costs $127,338 GLO In-kind $2,500 Alternative Source of Funding $0 TOTAL (75% of total costs - GLO in-kind - GLO alternative funding) COASTAL EROSION RESPONSE ACCOUNT'S SHARE $124,838 COST SHARING REQUIREMENTS * Please specify when using historically underutilizcd business as required by state law. I. '.' e e Contract Number 582-0-31110 THE STATE OF TEXAS COUNTY OF TRAVIS AGREEMENT INTERAGENCYJINTERLOCAL .CATEGORY I Little Cedar Bavou StabilizationProiect Name of Project THIS AGREEMENT is entered into by and between: the Texas Natural Resource Conservation Commission, an agency of the State of Texas (hereinafter TNRCC), and the City of La Porte, an agency or political subdivision of the State of Texas (hereinafter PERFORMING PARTY), .. pursuant to the authority granted and in compliance with applicable provisions of the Interagency Cooperation Act, Tax. GOV'T. CODE ch. 771 and Intergovernmental Cooperation Act, Tax. GOV'T CODE ch. 791. TNRCC and PERFORMING PARTY, in consideration of the mutual covenants hereinafter set forth, agree as follows: .ARTICLE 1. WORK See attached Scope of Work. ARTICLE 2. PRICING. PAYMENTS and HUB REPORTS 1. Payment Requests. See attached Contract Costs Budget (for payment based on reimbursement of actual costs) or Schedule of Fixed Rates (for payment at fixed rates based on the nearest practicable estimate of actual costs). 2. HUB Reports. If required under this Contract (see below), the PERFORMING PARTY, when submitting payment . requests, will report the level of subcontracting activity with Historically Underutilized Businesses (HUBs) as defined by State law. Such reports must be made; on a TNRCC-provided HUBIMWBE Progress Assessment Report (PAR) Form. q HUB Reports (pAR Forms) are required to be submitted with each payment request (see attached Additional Exhibits which contain a copy of required form an~ completion instructions) or X HUB Reports (pAR Forms) are not required under this ContracL ARTICLE 3. MAXIMUM AMOUNT OF CONlRACT The total amount of this Contract shall not exceed: Thirty-Three Thousand Eieht Hundred DoBars . (Written amount) $33.800 ($ numerical amount) unless this Contract is ,amended in writing. It is further expressly understood and agreed by the parties hereto that this Agreement provides only partial funding for the project, and that perfonnance on the part of the Performing Party . shall be limited and c~ntingent upon Pedonning Party receiving necessary additional funqing for the project from other sources. ARTICLE 4. TERM OF CONTRACT This Contritct shall begin on Aueust 1. 2000 , and shall terminate on full perfonnance, which i~ due on AUl!Ust 31. 2001, unless termina~ed early or extended in accordance with the terms of the Contract. Agreement I InteragencylInterlocall Category I -- Standard Form -~ pg 1 Revised: November 24, 1997 -. Printed: July 25, 2000 e e ARTICLE '5. CERTIFICATIONS' '.1. TIlE UNDERSIGNED CONTRACTING PARTIES do hereby certify that (1) the services specified above are necessary and essential for activities that are properly within the statutory functions and programs of the parties, (2) the proposed arrangements serve the interest of efficient and economical idrilinistration of State Government, and (3) the services, supplies or niaterials contracted for are not required by Section 21 of Article 16 of the Constitution of Texas to be supplied under contract given to the lowest responsible bidder. 2. The TNRCC further certifies that it has the authority to contract for the above services by authority granted in the Current Appropriations Act, and TEx. WATER CODE ~ 5.229. 3. PERFORMING PARTY further certifies that it has authority to perfonn the services contracted for herein. ARTICLE 6. CONTRACTDOCUMrnNTS The Contract Documents which comprise the entire Contract between lNRCC and PERFORMING PARTY concerning the Work consist of the following: ' 1. This "Agreement 2. Scope of Work 3. One of the following (whichever is checked): X ContraCts Costs Budget or 0 Schedule of Fixed Rates (If n.either is checked, or both are checked, this Contract is ,oid) 4. General Conditions S. One of the following (whichever is checked): X Federal Conditions or 0 DELIBERATELY OMITI'ED (Federal Conditions are not jncorporated into this Contract) (If neither is checked, or both are checked, this Contract is ,oid) 6. Project Representatives I Records Location 7. Additional Exhibits titled: Agreement I InteragencylInterlocall Category I -- Standard Fonn -- pg 2 Revis~: November 24, 1997 .: Printed: July 25, 2000 ' e e The unde~igned bind'themselves to the faithful perfonnance of this CO,ntract: TNRCC: PERFORMING PARTY: Texas Natural Resource Conservation Commission By: t!Lfllt/tltJ Aut orized Signature By:Q~ 1": ~ Authorized Signature Herbert Williams Printed Name Robert T. Herrera Printed Name Division Director. OEPAA Title Date: tf:; fi(06 City ManalZer Title Date: <6/ It/I 00 ~~ ~ 10 161'?A.,' -(j/~ . ~~I{fk Agreement / InteragencylInterlocal/ Category I -- Standard Form -- pg 3 Revised: November 24, 1997 -. Printed: July 25. 2000 . e' e SCOPE OF SERVICES AND SCHEDULE OF DELIVERABLES INTRODUCTION The City of LaPorte, in cooperation with Galveston Bay Estuary Program (GBEP) of the Texas Natural Resource Conservation Commission (1NRCC) and others, will design and install a shoreline stabilization structure and associated Spartina wetland for 350 ft. near the mouth of Little Cedar Bayou in La Porte in an area that is eroding as a result of scouring caused by wave attack.. The area where the prQposed project is planned is one of the few areas in the northern Galveston Bay area where the public can find access to Galveston Bay. The proposed area is public land and various public park amenities can be accommodated there, if the area is stabilized. This project implements habitat protection and shoreline management actions in The Galveston Bay Plan. ARTICLE 1. LA POR1E PROJEer MANAGER Stephen L. Barr, Director of LaPorte Parks & Recreation Department, shall be the PROJECT MANA9ER for this project. LaPorte Parks & Recreation Department, the PERFORMING PARTY, is considered to be essential to the work being pet:fonned under this Contract. Prior to diverting the PROJEer MANAGER for other work or making any substitutions therefore, the PERFORMING PARTY shall notify the TNRCC in writing reasonable in advance and shall include written justification (describing proposed substitutions) in sufficient detail to permit evaluation of the impact on the work being performed~ Proposed substitutions shall have comparable qualifications to those of the personnel being replaced. No diversion or substitution shall be made by the PERFORMING PARTY without the wrine,n consent of the Project Coordinator for the TNRCC, RECEIVING PARTY. ARTICLE 2. TNRCC PROJECT COORDINATOR Helen ,Drummond, Galveston Bay Estuary Program, shall be the Project Coordinator for the RECEIVING PARTY (TNRCC) for this contract. The Project Coordinator shall serve as the primary contact for communications between the PERFORMING PARTY and the RECEIVING PARTY. ' , ARTICLE 3. MAJOR OBJECTIVE The PERFORMING PARTY will complete the following: Design and installation of a shoreline stabilization structure and associated Spartina wetland for 350 ft. near the mouth of Little Cedar Bayou in La Porte. will do all work, contingent upon r~ceiving additional funds as expected from GLO ARTICLE 4. PRODUCTS AND SCHEDULE OF DEUVERABLES FOR THIS CONTRACT a. Submit a Project Work PI~. The PERFORMING PARTY shall develop and submit, to the Project Coordinator, a wrinen Project Work Plan which includes an introductory overview which describes the general approach proposed by the contractor to accomplish work outlined in Article 3 descrii?ing the objectives and tasks to accomplish the work. The Work Plan must be approved by the Project Coordinator prior to the PERFORMING PARTY initiating substantial work related to the major objective described in Article '3. Upon approval of the Work Plan by the Project Coordinator, the Wark Plan shall become part of this contract by reference. b. Implementation of Work Plan The PERFORMING PARTY shall implement the tasks in the approved Work Plan. c. Submit Progress Reports. The PERFORMING PARTY shall submit progress reports outlining the progress made under each of the tasks outlined in the Work Plan. Agreement / InteragencylInterlocal/ Category I -- Standard Form -- pg 4 Revised: November 24, 1997 - Printed: July 25, 2000 'e. e d. Submit Final Report. The PROJECT MANAGER shall submit a Final Report in written and electronic format, compatible with TNRCC software. The final report shall include at a minimum the information requested under Article 3, and the fol1o~ing sections: (1) . Title page . (2) Executive Summary (3) Introduction (4) Project Methodology (5) Project Results (6) Project Conclusions (7) Project Photos ARTICLE 5. SCHEDULE OF DELIVERABLES FOR THIS CONTRACT WORK PRODUCT SCHEDULE OF DELIVERABLES Project Work Plan "' Within 60 days of Contract execution date Licensed Survey of Shoreline October 31, 2000 Design of Shoreline Stabilization November 30, 2000 Progress Report February 28,2001 Installation of Shoreline Stabilization February 28, 2001 Planting of Spartina wetland Apri130, 2001 Progress Report May 31,2001 Draft Final Report July 31, 2001 Final Reoort AUlrust 31,2001 Agreement I InteragencylInterlocall Category I -- Standard Form -- pg 5 Revised: November 24. 1997 -. Printed: July 25. 2000 'e e PROJECT REPRESENTATIVES RECORDS LOCATION . ARTICLE 1. PERFORMING PARTY The term "PERFORMING PARTY" as used in this Project Representatives I Records Location means either PERFORMING PARTY or CONTRACTOR, as applicable. ARTICLE 2. TNRCC PROJECT REPRESENTATIVE The individual named below is the TNRCC Project Representative, who is authorized to give and receive communication~ and directions on behalf of the lNRCC. All communications inclu.ding all payment requests must be addressed to the TNRCC Project Representative or his or her designee. . Helen Drummond Galveston Bay Estuary Program Texas Natural Resource Conservation Commission 711 W. Bay Area Blvd., Suite 210 Webster, Texas 77598 Telephone No.: (281) 316-3004 Facsimile No.:. (281) 332-8590 ARTICLE 3. PERFORMING PARTY PROJECT REPRESENTATIVE The individual named below is the PERFORMING PARTY Project Representative, who is authorized to give and receive communications and directions on behalf of the PERFORMING PARTY. All coimnunications to the PERFORMING PARTY will be addressed to the PERFORMING PARTY Project Representative or his or her designee. . Stephen L. Barr, Director Parks & Recreation Department City of La Porte PO Box 1115-1322 S. Broadway La Porte, TX 77552 Telephone: (281) 470-7275 Facsimile ~,0.:(281) 470-1361 . ARTICLE 4. SUBMITTAL OF PA YMENTREOUESTS Payment requests must be submitted to (whichever is checked): Ill! the TNRCC Project Representative. o the TNRCC Disbursements Section. . (if neither box is checked. payment requests must be submitted to the TNRCC Disbursements Section). ARTICLE 5. DESIGNATED LOCATION FOR RECORDS ACCESS AND REVIEW The PERFORMING PARTY designates the physical location indicated below for record access and review pursuant to any applicable provision of this contract: Parks & Recreation Department City of La Porte . PO Box 1115-1322 S. Broadway LaPorte, TX 77552 ' Telephone: (281) 470-7275 Facsimile No.:(281) 470-1361 Agreement I InteragencylInterlocall Category I -- Standard Form -- pg 6 Revised: November 24, 1997 - Printed: July 25. 2000 e e CONTRACT COSTS BUDGET ARtICLE 1. BUDGET Authorized budgeted expenditures under this Contract are as follows: Budget C~tegory PersonneVSalary ......................:...... $0 Fringe Benefits ............................... $0 Travel. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $0 Supplies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $0 Equipment ...........:...................... $ 0 Contractual ...............::............ $33,800 Construction ...;............................ $0 Other (Facilities) .................. .t. . . . . . . . .. $0 TNRCC Total Direct Costs ..................... $33,800.00 Authorized Indirect Costs ...................... $0 Total Budgeted Costs .................. $33,800.00 ARTICLE 2. BUDGET CONTROL AND TRANSFERS Cumulative transfers among the budgeted direct cost categories must not exceed ten percent (10%) of the current Total Budgeted amount. ARTICLE 3. SUBMITTAL OF PAYMENT REOUESTS Payment requests must be submitted at the interval specified below (whichever is checked; if none is checked, , payment requests must be submitted monthly; if more than one is checked, invoices must be submitted when both requirements are met): C monthly. C upon completion of deliverables herein (see ). C upon completion of all Work. .X Other (specify) Pavrnent"reQuests will be made Quarterlv. If no Davrnent is reQuired durin!! a fiscal Quarter. a Financial Status ReDoct will be submitted. More than one Davrnent reauest mav be made durin!! a fiscal Quarter. if necessary. Agreement / InteragencylInterlocal/ Category I -- Standard Form -- pg 7 Revised: November 24. 1997 -- pilnted: July 25. 2000 . e " GENERAL CONDITIONS INTERAGENCYIINTERLOCAL PURCHASES CATEGORY I ARTICLE 1. WORK PERFORMING PARTY agrees to provide the work described in and required by this Contract. In this Contract the term "Work" means the entire completed undertaking, or the various separately identifiable parts thereof. Work includes all goods, labor, services, materials and equipment provided in fulfillment of this Contract by any person or entity including PERFORMING PARTY's employees, agents, assigns, suppliers, and subcontractors. . ARTICLE 2. AMENDMENT This Contract may be amended only by written agreement signed by both parties. ARTICLE 3. INSURANCE 1. PERFORMING PARTY will, in accordance with Gov't Code, Section 2259.102, purchase and maintain Directors and Officers insurance or equivalent insurance coverage or other rmancial assurance, in an amount not less that the value of this Contract but sufficient, never-the-!ess, to protect the interests of the state, in the event of an actionable actor or omission by a director or officer of the PERFORMING PARTY. This requirement is not applicable to PERFORMING PARTIES who are state agencies as dermed in Gov't Code, Chapter 791. ARTICLE 4. ACCEPTANCE. CORRECTIONS. WANER. WARRANTY. OUALITY 1. Acceptance. All Work must be complete and satisfactory in the reasonable judgment of the TNRCC. 2. Corrections. PERFORMING PARTY will correct errors, omissions, and deficiencies at no charge to ~e TNRCC. : 3. Waiver. No waiver, whether expressed' or implied, shall be construed as a continuing waiver unless it is specifically described in writing as a continuing waiver. . 4. Warranty. All W8rranties implied by law are applicable to the Work. Nothing in this Contract nor any action of the TNRCC will act as a disclaimer of any warranty. All warranties are for a period of ONE YEAR from the date of acceptance unless a different period is stated in this Contract or in a written warranty. PERFORMING PARTY expressly warrants that the TNRCC will receive the benefits of third-party warranties (whether manufacturer or supplier) applicable to the Work. 5. Quality. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract. If required by TNRCC, PERFORMING PARTY will furnish satisfactory evidence (which may include reports of required tests) as to the kind and quality of materials and equipment. All materials 'and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance wi~ instructions of the applicable Supplier, except as otherwise provided in the Contract. ARTICLES. PAYMENT 1. Payment Methods. TNRCC will reimburse PERFORMING PARTY's allowable costs of providing Work which is satisfactory, accepted by TNRCC, and in conformity with all requirements of this Contract and applicable law. Payment will be either'on a basis of a) reimbursement of actual costs as incurred, or b) agreed upon fixed rates which are the nearest practicable estimate of PERFORMING PARTY's actual costs. 2. Reimbursement of Actual Cost as Incurred. If this Contract containS a Contract Costs Budget, PERFORMING PARTY will be paid Oil the basis of reimbursement of actual costs. At the intervals specified in the Contract Costs. Budget, PERFORMING PARTY iilay submit a request for reimbursement of the actual costs it has incurred. AIl such requests must be accompanied by supporting documentation as required by this Contract. PERFORMING PARTY agrees tbat the TNRCC's obligation to reimburse the PERFORMING PARTY's costs will remain within the Contract Costs Budget and that cumulative 'transfers among the budgeted direct cost categories will not exceed ten percent (10%) of the total reflected therein. Agreement I InteragencylInterlocall Category I -- Standard Fonn -- pg 8 . Revised: November 24, 1997 - Printed: July 25. 2000 . e e. a. If PERFORMING PARTY is a'state agency as detined in GOV'TCODE ch. 791, then all reimbursement requests must be sUbmitted to the TNRCC Project Representative on a State of Texas Interagency Transaction Voucher. All requests must be accompanied by a.summary report or invoice showing the . budgeted cost categories for the reported expenditures and indicating the amount remaining in each category. ' b. If PERFORMING PARTY is not a state agency, then all reimbursement requests must be submitted to the TNRCC Project Representative with a completed TNRCC Finallcial Status Report (TNRCC Form 269a) and (as applicable) TNRCC S"pplemental Financial Status Report Forms 269a-I,269a-3, and 269a-4. A final Financial Status Report must be submitted no later than 90 days following the termination date of this Contract. . 3. Payment at Fixed Rates. If this Contract contains a Sched"le of Fixed Rates, PERFORMING PARTY will be paid on the basis of agreed upon fixed rates (fixed prices). At the intervals specified in the Schedule of Fixed Rates, PERFORMING PARTY may submit an invoice requesting payment for all satisfactorily completed work at the fixed rates specified in the Schedule of Fixed Rate,r. All such requests must be submitted to the TNRCC Project Representative and must be accompanied by supporting documentation as required by this Contract. If PERFORMING PARTY is a state agency, the payment request must be submitted on an Interagency Transaction Voucher. I 4. TNRCC may ~efuse to pay any request submitted more than 90 days after the tennination of this Contract. ARTICLE 6. SUBCONTRACI'ORS. OTHERS 1. Qualified Personnel. All employees and ~ubcontractors employed by PERFORMING PARTY on or for the , Work must have sufficient qualifications to perform the Work. 2. Objections. PERFORMING PARTY will Qot employ any particular subcontractor, supplier or other person or organization on or for the Work if TNRCC makes a reasonable written objection against such subcontractor, supplier, person, or organization. PERFORMING PARTY will not be required to employ any particular subcontractor, supplier or other person or organization if PERFORMING PARTY makes a reasonable objection. . 3. Subcontracts. PERFORMING PARTY will include,all provisions which may be necessary to accomplish all requirements of this Contract in its employment policies and contracts and its subcontracts, and shall require its subcontractors to do the same. ' ARTICLE 7. INTELLECTUAL PROPERTY 1. License of Future Rights. With respect to any intellectual property which is conceived, developed, written, invented, first actually reduced to practice or otherwise produced by PERFORMING PARTY, its employees, subcontractors, or subcontractor's employees during the performance of the Work, PERFORMING PARTY . hereby assigns to TNRCC a nonexclusive, perpetual, irrevocable, enterprise-wide license to use, copy, publish and modify such intellectual property and authorize others to do so for TNRCC purposes. Upon tennination of this Contract, all data and information by PERFORMING PARTY will be furnished to TNRCC. 2. License of Existing Rights. PERFORMING PARTY grants to TNRCC a nonexclusive, perpetual, irrevocable, enterprise-wide license to use, copy, publish, and modify any intellectual property in the Work and to authorize others to do so for TNRCC purposes. PERFORMING PARTY shall secure all necessary intellectual property licenses from third parties and warrants that, the Work and the intended use of the Work will not infringe any , . property rights of any third-party. PERFORMING PARTY agrees to require its contractors to indemnify and hold hannless TNRCC from damages arising from or related to any infringement of rights in intellectual property. To the extent pennitted by law, PERFORMING ,PARTI agrees to indemnify and hold harmless TNRCC from damages arising from or related to any infringement of rights in intellectu8l property. ARTICLE 8. SEVERABIUTY ' The fact that a particular provision is held under any applicable law to be void or unenforceable in no way affects the validity of other provisions and the contract will continue to be binding on both parties. Any provision that is Agreement I InteragencylInterIocall Category I - Standard Form -- pg 9 Revised: November 24, 1997 -- Printed: July 25. 2000 e e held to be void or unenforceable will be replaced with language that is as close as possible to the intent of the original provision. ARTICLE 9. SUSPENSION: TERMINATION 1. For Cause. In the event of PERFORMING PARTY's failure to perform the Work as required by the Contract, violation of applicable law, substantial or material default, or other cause, TNRCC may suspend the Work or " terminate this Contract for cause. . 2. Force Majeure. In the event of delay or failure of perfonnance caused by force majeure, TNRCC may terminate this Agreement in whole or part upon seven (7) days written notice. 3. Fot 90nvenience. TNRCC may tenninate this Contract for convenience and without cause upon seven (7) days notice. 4. Payment Adjustment. IT the TNRCC terminates for convenience or because of force majeure, 'PERFORMING PARTY shall be paid only for goods and services provided and necessary expenses incurred prior to termina~on. ARTICLE 10. SURVIVAL OF OBLIGATIONS ." All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with this Contract, as well as all continuing obligations indicated.in the Contract, will survive final payment, completion and acceptance of the Work and termination ot completion of the Con~t. ARTICLE 11. LAWS AND REGULATIONS PERFORMING PARTY shall give all notices and comply with all applicable law regarding the Work. Except where otherwise expressly required by applicable law, TNRCC shan not be responsible for monitoring PERFORMING PARTY compliance with any applicable law. ARTICLE 12. AUDIT. ACCESS TO RECORDS The PERFORMING PARTY shall maintain books and records concerning all Work under this Contract (including that performed by subcontractors), and shall retain them for at least three (3) years from the date of termination of this Contract The TNRCC, the Texas State Auditor's Office, or any of their duly authorized representatives may review, audit, copy, or disclose th~ contents of such books or records at any time. ARTICLE 13. MISCELLANEOUS 1. Except as otherwise provided in this Contract, PERFORMING PARTY will d.irect all communications with the TNRCC to the Project ~epresentative designated by the TNRCC. The PERFORMING PARTY will designate a Project Representative to receive all communications from the TNRCC. Both Project Representatives will be designated in writing (see Project Representatives / Records,Location). 2. "Time is of the Essence" will apply to all time liIIiits stated in the Contract. 3. The PERFORMING PARTY will adhere to all applicable standards, principles and guidelines detailed in the Uniform Grant and Contract Management Standards (UGCMS), including those related to financial monitoring, auditing and record keeping. ARTICLE 14. DELINOUENT STATE TAXES The PERFORMING PARTY agrees that any payments due under this Contract will be applied towards any debt owed to the State of Texas. This requirement is not applicable to PERFORMING PARTIES who are state agencies as defined in Gov't Code, Chapter 791. ARTICLE IS. REMEDIES AND SANCTIONS 1. In accor~ce with Chapter 2259l'exas Government Code, the following Sc~edule of Remedies applies to this Contract in the event of substandard performance or other failure to conform to the requirements of the Contract or applicable law. a. Reject the substandard performance and request corrections without charge to the TNRCC. . b. Issue a notice of substandard performance or other non-confonning act or omission. Agreement I InteragencylInterlocall Category I -- Standard FOITD -- pg 10 Revised: November 24, 1997 -- Printed: July 25, 2000 ' e e c. Request and receive the return of any over payments or inappropriate payments. d. Reject associated reimbursement requests and suspend payments, pending accepted revision of s~bstandard performance or non-confonnity. Note: Funds may be retained by TNRCC for recovery of administrative costs or returned to funding source as authorized by agreements' with the funding seurce and by state or federal law. e. Suspend all or part of the Work, pending accepted revision of s9bstandard performance or non-confonnity. f. Terminate the contract, demand.and receive: renirn of all equipment purchased of contract funds, return of all unexpended funds, and repayment of expended funds. ' 2. If the TNRCC finds the PERFORMING PARTY's performance to be substandard, TNRCC may provide its written evaluation report to other governmental entities at any time. TNRCC may also provide its written evaluation report to the public as authorized by law. 3. TNRCC may avail itself of any remedy or sanction provided in this Contract or in law to recover any losses rising from or caused by the PERFORMING PARTY's substandard performance or any non-conformity with the Contract or the law. The remedies and sanctions available to TNRCC in this contract shall not limit the remedies available to the TNRCC under law. ' ARTICLE 16. DISPUTE RESOLUTION The dispute resolution process provided for in Chapter 2260 of the Texas Government Code and applicable rules of the TNRCC must be used by the PERFORMING PARTY to attempt to resolve all disputes arising under this Contract: ". \.. Agreement / InteragencylInterlocal/ Category I -- Standard Form -- pg 11 Revised: November 24, 1997 - Printed: July 25, 2000 .e e' FEDERAL CONDITIONS CATEGORY I ARTICLE 1. FEDERAL REOUIREMENTS This Contract i~ funded in part with federal grant money. The followi;1lg conditions. apply to this Contract in addition to all other contract terms. AU applicable requirel'!lents ofTNRCC's federal grants arid 40 CFR ~arts 30 through 35 are incorporated herein by reference (TNRCC will provide copies of applicable federal grants or regulations upon request). The term "PERFORMING PARTY" as used in these Federal Conditions means either PERFORMING PARTY or CONTRACTOR, as applicable. ARTICLE 2. FEDERAL INTELLECTUAL PROPERTY REOUIREMENTS A nonexclusive, perpetual, irrevocable license to use, copy, publish, and modify any intellectual property to which rights are granted or assigned to TNRCC in this Contract are hereby also granted to, assigned to, or reserved by the Federal Government To the extent consistent with the rights of third parties, the Federal Government shall also have the right to sell any intellectual property right it reserves or acquires through this Contract. ARTICLE3. ACKNOWLEDGMrnNTOFANANCIALSUPPORT The PERFORMING PARTY shall acknowledge the financial support of the TNRCC and the U.s. EPA whenever work funded, in whole or part, by this Contract is publicized or reported in news media or publications. All reports and other documents completed as a part of this Contract, other than documents prepared exclusively for internal use within th~ TNRCC, shall carry the following notation on th~ front cover or ti~e page: PREPARED IN COOPERATION WITH THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION AND U.S. ENVIRONMENTAL PROTECfION AGENCY . . The preparation of this report was financed through grants from the U.S. Environmental Protection Agency through ~he Texas Natural Resource Conservation Commission. lfthe funding source is a U.S. agency other than U.S. EPA, the name of the appropriate federal agency should be substituted. ; , ARTICLE 4. COST AND PRICE OF THIS CONTRACT If this Contract was not competitively procured or if payment is based on reimbursement of actual costs, then PERFORMING PARTY shall submit cost infonnation sufficient for a cost analysis as required by 40 CPR ~31.36. This information must be submitted on fonns provided by the TNRCC. ARTICLE 5. ACCOUNTING SYSTEMS AND PROPERTY MANAGEMENT SYSTEMS 1. PERFORMING PARTY shalll1ave an accounting system which accounts for costs in accordance with generally accepted accounting standards or principles and complies with 40 CFR ~31.20. This system shall provide for the identification, accumulation, and segregation. of allowable and unallowable project costs among projects. 2. PERFORMING PARTY shall have a property management system that complies with the standard of and requirements in 40 CPR n 31.32 through 31.33. ARTICLE 6. RECORD DOCUMENTS. DATA. RECORDS. ACCESS. AND AUDIT The Federal Government and its agencies will have the same rights of access to records as are granted to, assigned to, or reserved by the TNRCC under this Contract. ARTICLE 7. DEBARMENT , . On or prior to the effective date ofth.s Contract, PERFORMING PARTY must submit a Certification Regarding Debarment, Suspension., and Other. Responsibility Matters. PERFORMING PARTY must also submit a . Certification Regarding Debarment, Suspension, and Other Responsibility Matters I Lower Tier for each subcontractor it employs to conduct the Work. These certifications must be submitted on forms provided by the TNRCC. ARTICLE 8. MINORITY BUSINESS ENTERPRISES I WOMEN'S BUSINESS ENTERPRISES "lMBE/WBEs) Agreement I InteragencylInterlocall Category I -- Standard Form -- pg 12 Revised: November 24, 1997 -- Prinred: July 2S. 2000 . e ,e I. PERFORMING PARTY shall take steps to encourage participation by minority business enterprises ana women's business enterprises in the performance of this Contract. 2. If the General Conditions of this Contract do not contain a requirement that PERFORMING PARTY submit information regarding its subcontracts with Historically Underutilized Businesses (HUB~) as defined by Texas law, then PERFORMING PARTY'shall comply with the MBE/WBE req.uirements imposed on TNRCC in the federal grant or grants funding this Contract, and submit information regarding its subcontracts with MBElWBEs on forms provided by the TNRCC. State agencies subject to State of Texas procurement law regarding HUBs need not submit MBElWBE subcontracting information to the TNRCC. / Agreement I InteragencylInterlocall Category I - Standard Form -- pg 13 Revised: 'November 24. 1997.. Printed: July 25. 2000 ' :... 7, .. r . e FWS Agreement No: 1448-20181-o0-G914 Charge Code: 21430-1000-00-1124-o000-412A Amount Obligated: $10,000.00 GRANT AGREEMENT between U.S; Fish and Wildlife Service, Region 2 500 Gold'Avenue S.W., Suite #5108 Albuquerque, New Mexico 87102-3152 and The City of La Porte I. GRANT AGREEMENT RECIPIENT The City of La Porte P.O. Box 1115 La Porte, Texas 77572-1115 Recipient Class: Municioalitv CFDA Number: 15.FFB II. AUTHORITY This agreement between the U.S. Department ofthe Interior, Fish and Wildlife Service (hereinafter referred to as the "Service") and the City of La Porte (hereinafter referred to as the "City") is hereby entered into under the authority of the Fish and Wildlife Act of 1956 (16 U.S.C. 742a-742j, not including 742d-l; 70 Stat. 1119, as amended)]. III. PURPOSE The purpose of the project is to construct a wave barrier along the shoreline of the Little Cedar Bayou Nature Park to protect the integrity ofthe adjaceJ:'lt upland forest and park land. The project will also provide an environment to restore additional intertidal emergent marsh along the shoreline of Little Cedar Bayou. e e FWS Agreement No: 1448-20181-00-G914 IV. BACKGROUND Little Cedar Bayou is a small tidal creek that empties into upper Galveston Bay and is subject to erosion by wind driven waves and the wakes of ships utilizing the Houston Ship Channel. The south shoreline of this bayou is eroding at a rate of approximately 2 feet per year with even greater rates during extreme tide and heavy wave action caused by storms. The erosion is causing the loss of mature hardwood trees in the City's Little Cedar Bayou Nature Park. The park provides sanctuary for upland wildlife amidst a chiefly residential community. Additionally, the woodlot in the Park provides stopover habitat for many migratory songbirds. The Park is utilized by the public for birdwatching and fishing and nearby schools have used the area for educational purposes. Previous attempts to stabilize the shoreline and establish intertidal marsh have failed chiefly because they failed to adequately attenuate wave energy at the site. The City is proposing to construct a breakwater, establish intertidal marsh and stabilize the shoreline to prevent further loss of adjacent woodlot and improve fishery habitat at the site. V. SCOPE The City of La Porte is proposing to construct a wave energy barrier along the shoreline that would stop the erosion, and prevent further loss of shoreline. The shoreline will be surveyed to meet regulations enforced by the Texas General Land Office. After the survey is completed, and all applicable permits have been obtained, work will commence on constructing the project. This work will be performed by a local contractor and will done in a manner to minimize or avoid impacts to the park lands. The project will involve the removal of debris and fallen trees from the water and immediate shoreline, construction of a wave barrier, stabilization of adjacent bluff and planting of Spartina a/temiflora to create intertidal marsh. Specific plans of construction are included in Attachment A. A. The Service shall: 1. Provige funding in the amount of $10.000.00 for the coordination and implementation of the project as described in Attachment A. 2. Provide technical assistance as needed for the successful completion of the project. B. The City of La Porte shall: 1. ' Provide and acquire necessary surveys and permits for construction of the proposed project. 2. Provide contract and construction oversight. 3. Execute and conduct the project as described in their proposal, Attachment A, incorporated herein and made a part hereof. C. Project performance will be measured by the successful stabilization of the shoreline through construction of wave barrier and establishment of emergent vegetation and by a final report submitted to the Service detailing effectiveness of shoreline protection and marsh restoration. 2 e e FWS Agreement No: 1448-20181-00-G914 VI. PERIOD OF PERFORMANCE The overall period of performance of this agreement is a period of two years beginning on the date of last signature below. VII. AWARD AMOUNT Financial contribution by the Service to carry out this project is $10.000.00 for the period of performance identified above. VIII. PAYMENT PROVISIONS A. Upon acceptance of the terms and conditions of this agreement, the recipient may submit requests for payment, either an invoice or a Standard Form 270, Reauest for Advance or Reimbursement, no more frequently than monthly . Electronic Fund Transfer (EFT) may be used in lieu of SF-270 if available. B. The original and two copies of each invoice/payment request shall be submitted to the Service's Project Officer identified in Section X.A. of this agreement for review and approval for disbursement. In accordance with U.S. Treasury regulations, payments will be made within 30 calendar days after receipt and approval of a proper invoice. Payment of the final invoice will be made available after the Service's Project Officer accepts the final report/deliverable. C. Should the recipient be unable to complete the provisions of this agreement, all monies provided by the Service which prove to be cancelable obligations or unallowable in accordance' with applicable OMB Circulars (A-21, Cost Principles for Educational Institutions; A-87, Cost Principles for State and Local Governments; and A-122, Cost Principles for Nonprofit Organizations), or the approved bu~get, shall be refunded to the Service. D. This agreement is intended to support a particular project for a specific period of time. Any portion of funds not expended at the completion of the period of performance of this agreement shall be returned to the Service, along with any interest earned on that amount. IX. ADMINISTRATIVE OFFICER A. U.S. Fish and Wildlife Service Reymundo F. Aragon, Contracting Officer P.O. Box 1306 (CGS) Albuquerque, New Mexico 87103-1306 Phone: (505) 248-6794 Fax: (505) 248-6791 B. The City of La Porte Robert T. Herrera, City Manager P.O. Box 1115 La Porte, Texas 77572-1115 Phone: (281) 471-5020 Fax: (281) 471-7168 3 e e FWS Agreement No: 1448-20181-00-G914 X. PROJECT OFFICERS A. U.S. Fish and Wildlife Service John Huffman, Project Biologist 17629 EI Camino Real, Suite #211 Houston, Texas 77058-3051 Phone: (281) 286-8282 Fax: (281) 488-5882 B. The City of La Porte Stephen F. Barr, Director Parks & Recreation Department 1322 S. Broadway La Porte, Texas 77572 Phone: (281) 470-7275 Fax: (281) 470-1361 XI. REPORTING and/or DELIVERY REQUIREMENTS A. Within 90 days after the completion of this agreement, the City of La Porte shall forward to the Service's Project Officer a final report summarizing all project accomplishments under this award. One copy of the final report shall also be forwarded to the Service's Administrative Officer. B. Within 90 days after completion of this award the City of La Porte shall submit to the Service's Administrative Officer a final Financial Status Report (Standard Form 269). XII. TERMS AND CONDITIONS A. Minoritv Business EnterpriselWoman Business Enterprise (MBEIWBE) Reportina: 1. In accordance with OMB Circulars, Recipients are required to take specific affirmative actions to ensure that minority business enterprises receive a fair share of subcontracts which result from Federal funds. The Recipient of this Agreement must report all subcontracting awards in excess of $10,000.00 which involve the procurement of supplies, equipment, construction, or services executed under this Agreement. 2. The Recipient is required to submit a written report to the Service's Administrative Officer (Identified in Section IX above) within one month following the end of each Federal fiscal year quarter during which any procurement in excess of $1 0,000.00 is actually executed under this assistance agreement. The report shall include the following: (a) FWS Agreement Number; (b) number of subcontracting awards; (c) dollar amount awarded to Minority Business Enterprises and/or Woman Business Enterprises; and (d) signature of authorized Recipient representative. 3. MBE-WBE utilization is based on Executive Orders (EOs) 11625,12138, and 1243, and it is the policy of the Service to comply with the intent of the EOs, by enforcing the requirement for recipients to submit this information to the Service, when applicable. Procurement is defined as the acquisition through order, purchase, lease, or barter of supplies, equipment, construction or services needed to accomplish Federal assistance programs. A minority business enterprise is a business concern that is: (a) At least 51 percent owned by one or more minority individuals, or in the case of a publicly owned business, at 51 percent of the stock is owned by one or more individuals; and (b) whose daily business operations are managed and directed by one or more of the minority owners. There is no standard definition of minority individuals used by all Federal financial ~ssistance agencies. However, recipients shall presume that minority individuals 4 e e FWS Agreement No: 1448-20181-00-G914 include Black Americans, Hispanic Americans, Native Americans, Asian Pacific Americans, or other groups whose members are found to be disadvantaged by the Small Business Act or by the Secretary of Commerce under section 5 of Executive Order 11625. A woman business enterprise is a business concern that is: (a) At least 51 percent owned by one or more women, or,in the case of a publicly owned business, at least 51 percent of the stock is owned by one or more women; and (b) whose daily business operations are managed and directed by one or more of the women owners. B. Acclicable Administrative and Audit Reauirements: 1. The Code of Federal Regulations (CFR) applicable to State, Local or Indian Tribal Government, 43 CFR Part 12, Administrative and Audit Requirements and Cost Principles for Assistance Programs, are applicable to this agreement and are incorporated by reference with the same force and effect as if they were given in full text. Upon request, the Service's Division of Contracting and General Services (505-248-6794) will make the full text available. 2. Pursuant to Department of the Interior and Related Agencies Appropriations Act, 1995, which change annually, please be advised of the following: In the case of any equipment or product that may be authorized to be, purchased with financial assistance provided using funds made available in this Act, it is the ~ense of the Congress that entities receiving the assistance should, in expending the assistance, purchase only American- made equipment and products. C. Certifications. The certifications applicable to Federal Grants and Cooperative Agreements must be signed by an authorized representative of the recipient prior to award of this agreement. Certific;ations applicable to this agreement are included as Attachment B. D. Publications Produced. The U.S. Department of Interior (001) Manual, Part 505 requires that. two copies of each publicaticn produced under a grant or cooperative agreement be sent to the 001, Natural Resources Library with a .transmittal that identifies the sender and the publication. If applicable, the City of La Porte Project Officer will provide the Service's Project Officer three copies of the publication. The Service's Project Officer will retain one copy and forward two copies to the Natural Resources Library. XIII. MODIFICATION Amendments or renewals may be proposed at any time during the period of performance by either party and shall become effective upon approval by both parties. This Grant Agreement, unless otherwise amended or renewed, is scheduled for completion on two years beginning on the date of last signature below. No change to this agreement shall be binding upon the Service or Recipient unless and until reduced to writing and signed by both parties. XIV. TERMINATION PROVISIONS: This agreement may be terminated by either party upon 30 days' advance written notice to the other party(ies).. If the Cooperator terminates the agreement prior to expiration of its term, the Cooperator wiil reimburse the Service for any costs plus interest on any reimbursement made herein. 5 e, e FWS Agreement-No: 1448-20181-00-G914 XV. SPECIAL PROVISIONS A. The results of any studies or investigations accomplished under this agreement may be published jointly by the parties or by either party separately. Appropriate credits to the Service shall be included in any formally published article providing the Service does not otherwise deem it appropriate to issue a' disclaimer. Authorship shall not incur any privileges of copyright or restriction on distribution. . B. Any research data collected under this agreement shall be jointly owned by the parties to this agreement. Both parties shall have complete and unlimited access to all such data. C. News releases and other publicity issued by either party concerning this agreement will give due credit to cooperators to this agreement and is subject to approval prior to release by the Service's Regional Public Affairs Office. D. No member of, or delegate to, Congress or resident commissioner, shall be admitted to any share or part of this agreement; or to any benefit that may rise therefrom. This provision shall not be construed to extend to this agreement if made with a corporation for its general benefits. 6 . . FWS Agreement No: 1448-20181-00-G914 IN WITNESS WHEREOF, the parties hereto have caused this Grant Agreement to be executed as of the date of last signature below. U.S. FISH & WILDLIFE SERVICE, REGION 2 ~ ~<~ Reymundo F. Aragon, Warrant #29031 Chief, Contracting & General Services (Printed Name and Title) 1"27(CO (Date) CITY OF LA PORTE -Q~ T ~~ (Signature) KoBer, .,. H.t/re r~ (Printed Name and Title) ~I'f /00 a::~~rORM: Knox W. Askins, City Attorney 7 I CAlf J.1A1JJr~.e ( , e & Agreement No: 1448-20181-00-G914 ATTACHMENT-L Page 1 of2 (Rev. 8/95) U.S. DEPARTMENT OF THE INTERIOR CERTIFlCA nONS FOR FEDERAL ASSISTANCE PART A: Certifications Reaardlno Debarment. Susoenslon and Other Resoonsibilitv Matters - Primary Covered Transactions. Applies ~ all grantees and . cooperators. This certification is required by the regul~tions implementing Executive Order 12549, Debarment and Suspension, 43 CFR Part 12, Section 12.510, Partlcipants'responsibilitles. The regulations were published as Part VII of the May 25, 1988 Federal Reclster (pages 19160-19211). For further assistance In obtaining a copy of the regulations, contad the ~uing office. . (a)111e prospective primary partlcipantcertifles to the best of its knowledge and belief, that It and its principals: (1) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (2) have not withIn a 3- year period precedIng this proposal been convicted of or had a civil Judgement randered against them for commission of fraud or a criminal offense In connection with obtaining, attempting to obtain, or performing a public (Federal, Stats or local) transaction or contrad under a public transadlon; vfo'atlon of Federal or State antitrust statues 'or commission or embezzlement, theft, forgery, bribery, falsification or destruction pf records, making false statements, or receiving stolen property; (3) are not presently Indicted for or otherwise criminally or civilly charged by a govemment entity (Federal, State or local) with commission of any of the offenses enumerated In paragraph (a)(2) of this certification; and (4) have not within a 3-year period precedIng this appllcation/proposal had one or more publiC transactions (Federal, State or local) terminated for cause or defaull (b) Where the prospective primary participant Is unable to certify to any of the statements In this certification, such prospective participant shall attach an exp'anatlon to this proposal. The prospective primary participant further agrees by SUbmitting this proposal that it will Include the following clause, without modification, In all lower tier covered transadlons and in all solicitations for lower tier covered transactions (see Appendix A of Subpart D of 43 CFR Part 12): PART B: Certification Reaardlna Debarment SusDenslon. Inella~oJilitv and Voluntary exclusion - Lower TIer Covered Transactions. (a) The prospective lower tie participant certifies, by submission of this proposal, that neither it nor its principals Is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation In this transaction by any Federal department or agency. (b) Where the prospective lower tier participant Is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. PART C: CertificatIon Reaardlno Druo-Free Workolace. Altemate I. Applies to grantees other that Ind~lduals. 1111s certification Is required by the r8gula*,ons implementing the drug-free workplaCe requirements for Federal grant redplents under the Drug-Fee WOrkp'ace Ad of 1988 (43 CFR Part 12, Subpart D). A copy oftha regulation Is available from,the Issuing office. A. 111e grantee certifies that It'will or continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufadure, distribution, dispensing, possessIon, or use of a controlled substance is , prohibited 'n the grantee's wOrkp'ace and specifying the actions that will be taken against employees for ylolation of such prohibition; , .. (b) Establishing ~n on-going drug-fee awareness program to Irtlorm employees about (1) the dangers of drug abuse In the workplace; (2) the grantee's policy of maintaining a drug-fi'e8'Yiorkpla~; (3) any available drug counseling, rehabilitation, and employee assistance programs, and (4) the penalties that may be Imposed upon employee for drug abuse violations occurring In the workplace; (c) Making It a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee In the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will (1) abide by ~ terms of the statement; and (2) notify the emp/oyer In writing of his or her conviction for a violation of a criminal drug statute occurring In the workplace no /ater that five calendar days after such conviction; (e) Notifying the agency, In writing, within ten calendar days after receiving notice under subparagraph (d)(2) from ao. employee or otherwise receiving actual notice ofsuch conviction. Employers of convicted employp.es must provide notice, Including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agencY has designated a dentral point for the receipt of such notices. Notice shall Indude the Identification number(s) of each affected grant: (f) Taking one of the following actions, within 3Q calendar days of receiving notice undet subparagraph (d)(2), with reaped to any emp'oyee who is so convicted: (1) taking appropriate personnel act/an against such an employee, up to and including termination,' coilslstent with the requirements of the Rel:lablUtatlon Ad of 1973, as amended; or (2) requiring such employee to participate satlsfadorily In a drug abuse assistance or rehabilitation program approved for such purposes by a Federa~ State, or local health, law ertlorcement, or other appropriate agency; e e U.S. DEPARTMENT OF THE INTERIOR CERTlRCATlONS, continued Page2of2 (Rev. 8J95) (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragrap~s (a), (b), (c), (d), (e) and (t). B. The grantee may Insert in the space provided below the site(s) for the performance of work done In connection with the specific grant; Place for Performance (Street address, city, county, state, zip code) Check _ if thera ara workplaces on file that ara not identified hera. PART 0: Certification Reaardlna Drua-Frae Workolace. Alternate II. Applies to grantees who ant Individuals. This certification Is required by the regulations Implementing the drug-free workplace requirements for Federal grant recipients under the Drug-Free Workplace Ad. of 1988 (43 CFR Part 12, Subpart D). A copy of the regulation Is available from the issuing office. (a) The grantee certifies that, as.a condition of the grant, he or she will not' engage in the unlawful manufad.ura, distribution, dispensing, possession, or use of a controlled substance in condl:'ctlng any activity with the grant; (b) If convicted of a criminal drug offense resulting from a violation occurring during the condud. of any grant activity, he or she will report the conviction, In writing, within 10 calendar days of the conviction, to the grant officer or other designee, unless the Federal agency designates a central point for the raceipt of such notices. When notice Is made to such a central point, it shall Include the Identification number(s) of each affected grant PART E: 'Certlflcatlon ~ardlna Lobbvina - Certification for Contracts. Grants. Loans. and Coooeratlve Aareements. Applies to recipients of awards exceeding $100,000. . This certification Is required by Section 1352. title 31, U.S. Code, entitled "Limitation on use of appropriated funds to Influence certain Federal contracting and financial transactions." The undersigned certifies, to the best of his or her knowledge and belief, that (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for Influencing or attempting to influence an officer or employee of any agency, a Member of Congrass, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of,any Federal loan, the entering into of any cooperative agreement, and the extension! continuation, ranewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement (2) If any funds other than Federal appropriated funds have been paid or wDl be pal~ to any person for Influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congrass, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-UL, "Dlsclosura Form to Report Lobbylng,- in accordance with its instructions. . (3) The undersigned shall raquira that the language of thle ;:ertlflcatlon be included in the award documents for all subawards to all tiers (Including subcOntracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subracipients shall certify accordingly. This certification Is a material representation of fad upon which reliance was placed when this transaction was made or entered Into. Submission of this certification Is a prerequisite for making or entering into this transaction impOSed by Section 1352, tiDe 31 U.S. Code. Any person who fails to file the required certification shall be subject to a civil penally of not less that $10,000 and not mora that $100,000 for each such failura. As the authorized certifying official, I hereby certify that the above specified certifications ant true. -::.w.._ ~I .". Q~ T \4.~ Slgnatura J oe,e (, I. Typed name and Title tte rr [4. ,C'dr JiIImJ~j' City of La Porte Applicant/Recipient . e ::1: . e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Auaust 14. 2000 Requested By: Report Susan Kellev . Resolution Department: Ordinance Purchasina Exhibits: Bid Tabulation Bidder's List SUMMARY & RECOMMENDATION Advertised, sealed Bid #0809 Chemicals, Paper Products, and Janitorial Supplies was opened and read on July 31,2000. Bid requests were mailed to tWelve (12) area suppliers with six (6) returned ~ds. . These items are purchased throughout the year for war~house inventory to be used by various departments. . The overall low bid on all items was submitted by Bogel Sales. Using estimated yearly quantities, the total cost would be $16,139.61. This is slightly less than a five (5) percent increase over last year. Sufficient funds have been budgeted in departmental accounts for these items. This contract includes one (1) additional option year for renewal. Action Required by Council: Authorize award ,of Chemicals, Paper Products, and Janitorial Supplies to Bogel Sales in the amount of$16,139.61. Availability of Funds: xx General Fund Capita/Improvement Other WaterlWastewater General Revenue Sharing Account Number: Various Funds Available: xx Yes, No Approved for City Council Aaenda 6l~,.~ Robert T. Herrera, City Manager ~"{O-OD Date e BRAWNER POLLOCK PAPER, PAPER DI~T $1.20 . $1.13 $4;89 $3.90 $3.00 $3.56 $5.80 $5.76 $7.75 $9.57 $0.90 $1.12 $2.25, $2.48 $2.00 $1.68 $7.35 $10.20 $7.30 $i30 - $5,207.40 $5,545.92 $10.40 $9.~0 $55.00 $59.93 $37.00 $33.10 , $20.00 $22.55 $20.50 $22.55 $17.50 $34.50 - $10,912.00 $11,438.20 -- NATIONAL SANITARYI UNISOURCE MORSE BOGEL SALESIWHOLESALE e, $7.76 $19.95 $21.45 $12.05 $8.40 $15.95 $20.50 $21.90 \,. $2.69 $3.79 $3.35 $3.95 $0.88 $0.71 $3.58 $3.58 $3.58 $3.15 $4.20 $3.25 $2.60 $0.70 NIB $3.10 $3.10 '$3.10 $5,201.58 $22,1"5.70 $&:752.00 ~2,871.4O $1,13 $2.94 $2.94 $2.94 $2.18 $0.80 $1.31 $1.53 $6.76 $4.69 $3,3ii:5i , $9.09 $44.9~ $34.41 $19.14 $18.82 $17:94 $10,041,16 $6.49 $7.77 $9.77 , $23.13 $2.39 $3.13 $3.01 $2.92 $0.71 $0.62 , $2.42 $2.42 $2.42 '$0,181.87 19,609.56 APOLLO PAPER $1.11 $6.~0 $3.45 $3.67 $3.09 $0.90 $2.14 $1.~0 $6.35 $3.85 $0.92 $2.37 $2.99 $3.03 $1.90 $0.62 $2.37 $1.56 $6.28 $4.63 $1.02 $3.10 $3.10 $3.50 $1.65 $0.73 $2.25 $2.00 $6.00' $3.30 ~TY 500 40 84 392 44 48 60 24 100 80 DI;8CRIPTlON SECTION I . CHEMICALS 1. BLEACH 2. GENERAL DETERGENT 3. DISHWASHING L1aUID 4. ' DISINFECTANT CLEANER 5. GLASS CLEANER 6. SCOURING CLEANSER 7. DISINFECTANT SPRAY 8. FURNITURE. POLISH 9. FLOOR WAX 10. ~LOOR STRIPPER $3.835.60 $8.75 $42.50 $27.95 $15.50 $15.80 $15.85 $3,285.12 $9.59 $44.59 $25.76 $15.98 $16.67 $13.42 $3,421.04 $9.00 $49.00 $24.00 $15.00 $16.50 $11.40 , . SECTION I TOTAL SECTION II . PAPER 1. STYROFOAM CUPS (6 OZ) 2.. WATER CUPS (4 OZ) 3. . TOILET TISSUE 4. MUL TIFOLD TOWELS 5. ROLL PAPER TOWELS 6. FACIAL TISSUE 100 20 72 152 136 16 $8,495.80 $8,616.32 $8,314.40 TOTAL $7.10 $9.34 .$9.84 $1~.34 $8.77 $7.77 $9.74 $13.,98 $9.00 $12.25 $10.50 $12.50 18 21 43 192 $1.85 $2.80 $2.70 $3.09 $0.68 $0.62 $3.40 $3.40 $3.40 $1.86 $2.59 $1.66 $2.59 $0.70 $0.68 $2.81 $2.81 $2.81 $3.60 $3.90 $2.00 $3.50 $0,72 $0.65 $2.80 $2.80 $2.80 17 18 52 27 96 96 115 100 25 , SECTION II SECTION III - J~NITORlAL . 1. TRASH LINERS A.15"x9"x23" B. 16" x 14" x 36" C. 22" x 14" x 58" . ,55 GAL~ON TRASH LINERS LAY FLAT MOP HEADS A. 16 oz B. 24 oz ' MOP HANDLES, HOUSEHOLD BROOMS LAVA SOAP SAFEGUARD SOAP BUFFING PAD POLISHING PAD SCRUBBING PAD 2. 3. 4; 5. 6. 7. 8. 9. 10. $4,362.82 $18,89,..22 $4,485.38 $16,386.82' $4,404.17 $16,139.81 S~CTlON III TOTAL GRAND TOTAL e .. 'e BIDDER'S UST . CHEMICAL, PAPER & JANITORIAL SUPPUES, BID #0809 .APOLLO PAPER 14345 NORTHWEST FRWY HOUSTON, -TX 77040 80Ga SALES 7809.MARKET STREET HOUSTON,TX 77029 '. . , GISCO, INC PO 80X2816 PEARLAND TX 775~8-2816 MORSE WHOLESALE 3302 CANAL , HOUSTON, TX 77003 OLS. ~AINTENANCE SUPPLY P.O~ .BOX 79251 HOUSTON, TX 77279 RIGGSBEE HOWE & INDUSRTlAL SUPPLY 1120 SAMPSON HOUSTON, 1X 77033 CHAMBER OF COMIVIERCE PO BOX 996 LA PORTE, TX 77572-0996, t. UNISOURCE 4414 HOLLISTER HOUSTON, TX 77040 BRAWNER PAPER PO BOX 15272 HOUSTON, TX 7722.0 HILLYARD DISTRIBUTING CO 9522 BAY THORNE HOUSTON, TX 77041 POLLOCK PAPER DISTRIBUTOR. 6001 WEST BY NORTHWEST HOUSTON, TX 77040 TEAM MAINTENANCE INC 1404 UP~D DR . HOUSTON TX n04;3, LIBERTY DATA 8744 WEST PARK, HOUSTON., TX 77063 BAYSHORE SUN PUBJ,..ISH DATES: ' JUL Y16, 2000 JULY 23, 2000 . e e 2000-2001 BUDGET MEETINGS AGENDA The following items will be discussed in Budget Workshop meeting on Monday, August 14, through Wednesday, August 16, 2000. Meetings will begin each evening at 6:00 p.m. and will adjourn at the conclusion of each evening's business. Business items will be discussed in the order they are listed on the Agenda. It may not be necessary to meet for all five days. Meetings will conclude when all business has been discussed. Monday, August 21,2000 will be a make-up day. PAGE A. General Overview of 2000-2001 Budget B. Review of Administration Department Budgets C. Review of Public Works Department General Fund Budgets............................................3-83 D. Review of Emergency Services Budget............. .................................................................. 3-5 E. Review of Fire Department Budget...... ....................... ....................................................... 3-11 F. Review of Municipal Court Budget...... .................................................... ...........................3-50 G. Review of Police Department Budgets....... .......................... ............ .................................. 3-22 H. Review of Parks and Recreation Department Budgets ...................................................3-100 I. Review of Golf Course Budget.. ............................. ..... ..................................... ............ ...... 5-20 J. Review of Administrative Services Department Budgets................................................... 3-46 K. Review of Finance Department Budgets ........................................................................... 3-71 L. Review of Utility Budgets for Public Works Department......................................................4-1 M. Review of Planning Department Budgets ........................................................................3-118 N. Review of Capital Improvements Projects Budgets - All Funds.......... (under separate cover) O. Executive Session P. Review of Sylvan Beach Budget ....................... ............................................. ....... ...... .......... 5-2 a. Review of La Porte Municipal Airport Budget ...................................................................... 5-9 R. Review of Special Revenue Funds ......................................................................................7-4 e' e 1 , , . - . - .. City of La Porte , . ' '.. ' J. . ~ . . Budget. Workshops .' August 14, 2000 - - Funds Consolidated Summary of All Working Capital 09/30/01 Working Capital 09/30/00 e 5,054,108 295,263 1,000;000 1,253,149 3,400 FY 00-01 Expenses 24,021,293 220,400 650,000 327,050 FY 00-01 Revenues 22,964,992 232,000 90,000 890,000 1,400 6,110,409 283,663 1,580,000 690,199 2,000 Governmental'Fund Types: General Fund Hote~elOccupancyTax Eco"OmlcD.evelpp~ent Section 4B Sales Tax TaX Increm~nt Reinvestment 7,605,920 3,442,517 30,298 , 380,849 1,228,770 179.446. 26,218,743 6,363,250 460,715 20,975 1,376,516 1.189,210 24,178,392 6,444,945 205,000 49,000 920,000 1.213,100 ~,~.,~71 3,350,822 276,013 332,824 1 ~685,286 155,558 5,800,501 Total Governmental Types Enterprise: Utility Sylvan Beach Airport La Porte Anoia Water Authority Golf Course' e 5,241,880 3,461,506 1,964,385 152.750 9,390,666 1,759,055 1,450,000. 278,442 8,832.045 1,944,480 1,603,765 307,703 3,855,948 3.276,081 1,810,600 ~489 5,210, Total Enterprls~ Intemal Service Motor. Pool . Employee Health Services Computer Fund Total Internal Service 5,578,621 1,050,420 138,654 255.851 3,487,497 2,504,932 830,482 780.383 2,466,057 762,423 759.840 170 1,089,295 204,713 276.374 Debt Service: General utility La Porte Area Water Authority, 2 ,442,925 19,869,346 1 4,115,777 42,212,683 3,988,320 40,854,705 1.570,382 21,227,324 Total Debt Service Total All Funds All itures - Expend History I Adopted Budgets vs. Actua Funds 5 Year e e 45,000,000 40,000,000 35,000,000 30,000,000 25,000,000 20,000,000 15,OOOJOOO 10,000.000 5,000,000 00-01 99-00 98-99 97-98 96-97 3 [J Actual . Adopted the Series 2000 Bond Funds *99-00 Estimate excludes - ons ti . I Employee Pos 368 74 442 '., Full-time Part-time e Total i -time ; Four (4) Fu New Positions Communications Sergeant Solidwaste Worker Groundskeeper Neighborhood Protection Police Department Public Works Public Works Planning & Inspections Technician e Part-time Two (2) New Positions 4 Cashier/Clerk Recreation Specialist Golf Course Recreation - General Fund .- .. Emergency Services e . Police ,. . . .. . Administration . Financ-e .' Public Works . Parks' & Recreation . Planni.ng & Engineering e 5 , . The General Fund is used to account for most of the current day-to-day operations of the City which are financed from property taxes and other general type revenues. on iti Defi n e e General Fund Revenues - Actual' Budget Estimated' Projected-' PerCent 1998-99 1999-2000 1999-2000 2000-2001 Change ,7.334,939 7,608,067' -7,500,000 ' 8,21'2,359 7.94% 1,450,608 1,428,000 1,479,163 1.488.000 4.20% , 1;668.319. '1,800,000 1.737,440 '1,755,000. -2.50% 6,496.998 6,480,000 6.342,953 5,742,968 -11.37% 37.937 41,000 43,633 42,5qO 3.66% 357.694 335,275 402,620 353,000 5.29% 473,889 567,800 417,654 394,400 -30.54% 2,563',863 2,457,195 2,697,475 2,664.51'5 8.44% '170,433 204,000 203,000 192,500 ..5.64% 222,597 231,500 . 230,000 230,000 ~.650,'0 210,068 484,750. 314,310 469,750 -3.09% 77,861 20,000 20,000 20,000 0.00% 40,000 40,000 447,777 730,000 1725.00% 467,769 635,000 6n,340 670,000 5.51% 21,572,975 22,332,587 22,513,365 22,964,992 2.83% I $ 180.778 6 'Revenues: General.ProPertyiaxes Franchise Taxes Sales T~e$ ., .. Industrial Payments Other Taxes Licenses & Penn its Fines Forfeits Charges for SenAces Parks & . Recreation ' Rec~tion & Fitness Ihtergowri1mental Miscellaneous Operating Transfers Interest Total Revenue Property Tax Rate Last Ten Fiscal Years r- 0.8 e 0.7 e 0.6 0.5 7 2000 1999 1998 1996 1997 . Debt Service 1994 1995 . General Fund 1993 1992 1991 General Fund Revenues In Lieu of Taxes e e 8 01-02 Estimated 00-01 Projected 99-00 Re\lised 99-00 Budget 98-99 Actual 97-98 Actual 7,000,000 /' 6,000,000. . ",. ./ '5,000;000 . ./ 4,000,000 - 3,000,000 ",./ 2,000,000 1,000,000 96-97 Actual e e . Actual 98-99 . Budget 99-00 EJRe\lised 99-00 . Projected 00-01 9 General Fund Revenues Ad Valorem and Sales Taxes ... . .. Ad Valorem Taxes Sales Taxes 9,000,000 - '.8,000,000, 7,000,000 -. ' 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 1,000,000 nterest I Fund Revenues Residential Solidwaste and I Genera , Franchise Taxes e e . Actual 98-99 . Budget 99-00 I!I Re'IAsed 99-00 . Projected 00-01 -, 1,600,000 400,000 200,000 000,000 800,000 600.000 400,000 200,000 1 1 1 10 Income Interest Residential Solid Waste Franchise Taxes - - tu res Comparison Expendi Fund . Genera Revenues vs I e' - 25;000;000 20,000,000 15,000,000 10,000;000' 5,000,000 00..01 Projected 99-00 Estimated 98-99 Actual 97-98 Actual 12 S Expenditures . Revenues Utility Fund e: h liP ':Water 'Ptoducti'on: . Water Distribution . Wastewater Collection . -. . .' Wastewater Treatment I . Utility Billing . Non-Departmenta e 13 The Utili,ty Fund s used to. account for revenues and expenses related to the operation and maintenance of the water and wastewater systems of the City. Detin . . ition tu res . I lity Fund Revenues & Expend UtP Percent Projected Estimated 1999-2000 Budget 1999-2000 Actual 1998-99 , - ,Revenues: - Change 10.12% f'71% 0.00%- ..6.25% -25.00% 2000-2001 3,487,062 2,568,383 235,000 150,000 4,500 3,505,87~ 2,660,144' 235,000' 155,594- 4,781 3,166,585 2;"523,774 235,000 160,000' 6,000 3,352,'190" 2,535,272 -Water Rewnue Sewer "Rewnue 235,000' 130,848 120,262 Operating Transfers Interest Other Rewnue 5.80% 6,444,945 6,561,394 6,091.359 6,373,572 Revenue I Tota - 6.55% 5.55% 10.99% 0.44% 23.11 % -3.76% 456,800 666,381 819,502 831,827 576,742 3,001.998 427,721 609,554 714,070 812.914 682 180 471 3,034, 428,716 631,330 738,384 828,165 468,472 3,119,399 616 060 421 571 729,642 802,439 429,098 2,432,814 Expenses: Water Production Water Distribution Wastewater Collection Wastewater Treatment Utility Billing Non Departmental 2.23% 14 6,353,250 6,070,121 6,214,466 5,386,669 Total Expenses ty Fund Comparison Util i tures . I Expend Revenues vs - - . 7,000,000 '6,000,000 5,O~~,OOO 4,000,000 3,000,000 2,000,000 1.000,000 00-01 Projected 99-00 Revised 99-00 Budget 98-99 Actual 15 13 Expenditures . Rewnues ng ill i B Water I Residentia - 130/0 Lower water and' sewer rate by - . I: Proposa 15.000 Gallons Usase MinimumBiI~ Proposed 38.45 27.50 65.95 Water Sewer Current 39.15 32.50 Proposed 6.25 5.75 Base Water Base Sewer Current 6.95 6.75 e Tota $' 5.70 Monthly . $ 68.40 Annually * 71.65 Savings: 12.00 Total $ 1.70 Monthly $ 20.40 Annually 13.70' Savings: * Seasonal 16 Enterprise Funds e .~ . Syl.~an, Beach F~"nd . Airp.ortFund . La Porte Area Water Authority . Golf Course Fund e Enterprise Funds are used to account for the acquisition, operation and maintenance of governmental facilities and services which are entirely or predominantly self...supporting by user charges. 17 . . iti 0 n Defin tu res Enterprise Funds Revenues & Expendi ....-- Percent Change Projected 2000-2001 EstImated 1999-2000 Budget 1999-2000 Actual 1998-99 Revenues: e '12.36% -97.99% 2,.t78,JOO 20;000 18~,()OO 2,1:33,610 1,018,297 200,919 938,44() 996,295 1 ~1.1.46% 0.00% 213,473 1,748,364- 1.165,942 147,808 6,580 9h~rg~for Se{\1~e$ Othe~ Financing. Sources Interest Miscellaneous -24.18% 2,387,100 3,352,826 3,148,208 '3,068,694 Total Revenue Expenses: 7.71% 20.03% 187,215 20,975 e 100.00% 100.23% -0.88% - 376,516 * 189,210 1 1 166,781 16,341 35,000 652,693 1.146,073 173,816 17,475 148,845 18,719 Sylvan Beach' Pavilion Airport Operating Airport Improvement - 687,453 1.199,715 - 700,232 1.115,992 La Porte Area Water Authority Golf Course 33.46% 2,773,916 2,016,894 2,078,459 1,983,788 Total Expenses 18 *lPAWA expenditures include a reimbursement to member cities of $ 537.000 Enterprise Funds Comparison Expend itu res - . Revenues vs e' e 3,500,000: . - 3;000;000 2,500;000' 2,000,000 1,500,000 1,000,000 500,000 00-01 Projected 99-00 Estimated 98-99 Actual 97-98 Actual 19 ~ Expenditures . Revenues e e Airport Fund Comparison Revenues vs. Expenditures - - - - - - - - ."; \' 97-98 98-99 99-00 00-01 Actual Actual Estimated Projected . Revenues IDI Expenditures - - 21 250,000 200,000 150,000 100,000 50,000 - - La Porte Area Water Authority Comparison Revenues vs. Expenditures - -. -..... 2,900,000 , , .1 ;800,000 " ': *Rebate 1:600,000 1,400,000 1,200,000 1.000,000 800,000 600,000 400,000 200,000 97-98 98-99 99-00 00-01 Actual Actual Estimated Projected . Revenues IS] Expenditures 22 Golf Course Fund Comparison Expenditu res Revenues vs e e . - 1,400,000 1.200,000 1,000,000 800,000 600,000 400,000 200,000 00-01 Projected 99-00 Estimated 98-99 Actual 97-98 Actual 23 [] Expenditures . Revenues nternal Service Funds I e e , . . Motor Pool .. . - . Employee Health Services Fund ."".". - - . . .'. . . . . . .. ... . Computer Fund Internal Service Funds are used to account for the financing of goods or services provided by one department to other departments of the City on a cost reimbursement basis. Fund ition: Detin 24 e, e --.- Internal Service Funds Revenues & Expenditures - - . Revenues: 'Actual . , Budget estimated Projected Percent 1998-99 1999-2000 1999-2000 . 2000-2001 Change Charges~r .s~Nces 1,979, ~54 2,005,469 2,042,969 2,043,183 1.88% Employee Health SeNces 1,797,926 1,890,500 1,886,000 1,528,765 ';19.13% , . . . - - . Miscellaneous 27,991 30,000 - . 30,000 0.00% . , . ' Operating Transfers 512;280 - - - '0.00% Interest 216,833 266,406 261,515 254iOOO -4.66% ... Total Revenue 4,534,184 4,192,375 4,190,484 3,855,948 -8.02% Expenses: Motor Pool Fund 2,166,644 2,369,198 2,029,764 1,759,055 -25.75% Employee HealthSeNces Fun 1,405,128 1,455,250 1,305,000 1,450,000 -0.36% Computer Fund 509,410 367,707 357,323 278,442 -24.28% Total Expenses 4,081,182 4,192,155 3,692,087 3,487,497 -16.81% 25 e. e 26 Internal Service Funds Comparison Revenues vs. Expenditures - - - . . 5,009,000 - . - 4,500,000 ~,./ . . 4,000,000 - ./' f~~\~i~ n-_T1'f' ;. 3,500;000 3,000,000 2,500,000 2,000,000 ~jf~ 1,500,000 - 1,000,000 500,000 97-98 98-99 99-00 00-01 Actual Actual Estimated Projected . Revenues l5] Expenditures e, e Motor Pool Fund Comparison Revenues vs. Expend itu res - . . . . . 97-98 98-99 99-00 00-01 Actual Actual Estimated Projected . Revenues EJ Expenditures 27 2,500,000 2,000,000 1,500,000 1,000,000 500,000 e. e Employee Health Services Fund Comparison Revenues vs. Expenditures - - - 2,000,000 ~ ..........--.,..... 1,800,000 - .. , 1,600,000 1,40'0;000 I 1,200,000 1,000,000 800,000 600,000 400,000 200,000 97-98 98-99 99-00 0~1 Actual Actual Estimated Projected . Revenues o Expenditures 28 Impact of Decrease . Cost of Employee In Health Services $4 ~ F 1,800,000 -, EI 1,600,000 ...., II - '_l<1 1,400,000 ~~~~.'#f.~ ~,I.~\~.f\'l! 1,200,000 I 1,000,000 800,000 I~ 600,000 t'l 400,000 200,000 11 ...".,:...... 96-97 97-98 98-99 99-00 00-01 00-01 Approved Approved Approved Approved Requested Requested - - 29 '- Computer Fund Comparison Revenues vs. Expenditures - - - - ~ - - - - - ~~~l ~1 ~~~ 97-98 98-99 99-00 00-01 Actual Actual Estimated Projected . Revenues [!;J Expenditures e e. 30 .. 600,000 500,000 , - 400,000 300,000 200,000 100,000 'e e' 31 Special Revenue Funds '. . -. . . - 0" .: Hotel/Motel Occupancy Tax . Economic":Develo.pment . Section 48 Sales Tax . Tax Increment and Reinvestment . , Definition: Special Revenue Funds are used to account for specific revenues that are legally restricted to expenditures for particular purposes. 'e e. Special Revenue Funds Revenues & Expenditures - . Revenues: Acfua I Budget ~mated Projected .-Percent 1998-99 1999-2000 1999-2000 2000-2001 Change Charges, for SeNces 405,630 t,100,000 1,065,331 1,090,000 -0.91 % Administratiw Transfers - 100,000 . 100,000 100,000 0.00% Miscell~neo~s . . 1_5,~79 - - - 0.00% .. . Interest 101,861 146,995 126,211 123,400 -16.05% Total Revenue 523,470 1.346,995 1.291,542 1,313,400 -2.49% Expenses: Hotel/Motel Occupancy Tax 91,450 268,500 359,906 220,400 -17.91% Economic Dewlopment 88,172 200,000 238,185 650,000 225.00% Section 48 Sales Tax - 178,875 178,875 327,050 82.84% Tax Increment Reinwstment - 100,000 100,000 - -100.00% Total Expenses 179,622 747,375 876,966 1,197,450 60.22% 32 'e e. 33 Special Revenue Funds Comparison Revenues vs. Expenditures 1,400,000 1,,200,000 /' . 1.000,000 / /'" 800,000 /" 600,000 -- I 400,000 j 200;000 - I 97-98 98-99 99-00 00-01 Actual Actual Estimated Projected . Revenues 0 Expenditures 'e -' 34 THE END' on Department Administrati Department Summary by OivisiQn: ~.11;l~~1~i~ii~fiDii.~_}_~?!II1 'e 0.01% 14.26% ~1.53% 13.15% 19.47% 5.91% 1 ;197,416 1,259,417 1.232,634 1..333,907 - Department Summary 'by Expenditure Category: 553,277 274,914 213;225 90,997 2010494 505,979 246,124 212,400 95,496 172,635 553,204 240,596 216,536 80,424 168,657 772,970 195,365- 81,211 147,870 ;A~'~~~iili\1,III~tf~t~~:iJ.~:~WI~': e' 4.15% 9.34% 8.68% -7.88% 727,147 31,224 556,536 19,000 672,089 28,846 509,015 22,684 698,168 28,558 512,065 20,626 667,052 .38,663 470,658 21,043 35 5.91% 333,907 1 232,634 1 259,417 1 197,416 1 Public Works Department (General Fund Only) r-- e - 0.13% 4..00% 10.22% 0:00% 4~ 73% .380,854 2,130,971 1.571,171 . , 975,000 5,057,996 373,719 1,903,981 1,410,470 966,150 4,654,320 380,367 2,048,939 1,425,433 975,000 4,829,739 357.204 1,847,083 1,459,{$82 953,536 4,617.505 Departmen~SL#mmary by Division: 0-- . _" 'll{~I:~~~~!4~}I~~~t~ltll~ Department Summary by Expenditure Category: e' 4.79% 85% 67% 12% 11 1 44. 2,450,571 245,295 2.184,930 177,200 2,247,631 215,616 120,994 70,079 36 4.73% 5,057,996 4,654,320 4,829,739 4,617,505 2, 2,338,543 219,310 2,148,936 122,950 2,125,708 205,568 2,224,957 61,272 . MEETING HANDOUTS . . e August 12,2000 To: Members of City Council From: Nonnan Malone, Mayor Re: City Manager Evaluation During the past evaluation there were 70f9 Council Members who rated City Manager Bob Herrera. At this time the average over-all-rating was 3.61 which indicated an excellent satisfaction and high support of job performance. As of August 12, 2000 rating were presented by 9 of 9 Council Members with an over-all-average of 3 .19 which indicates a better than average for job performance. The Committee appointed to recommend procedures taken for the evaluation was Chaired by Mayor Pro-Temp, Jerry Clarke, Howard Ebow and Chuck Engelken are to be commended, I have had some very good comments about the professionalism expressed by this committee. During the August 14th Council Executive Session this Committee will make their final recommendation for Council Approval or recommendation. At this time comments and/or recommendation will be made by the full Council. The following are evaluation performance for each category: 1) Management Skills 3,25 Better than Average 2) Council Relations 2.96 Satisfactory and almost Better than Average 3) Personal Qualities 3.32 Better than Average 4) Community Relations 3.24 Better than Average Over-All-Average 3.19 Better Than Average . Petition to the City of La Porte to Renumber Forrest Street July 22, 2000 e We, the citizens of Forrest Street, request relief from the confusing street numbers. The street signs are numbered such that a person driving east on Forrest from Broadway, will see the 100 block, the 200 block, then another 100 block, and then another 200 block. This is extremely confusing to delivery drivers, service companies, and guests 9f the Forrest street residences. As there is also a Forest Street in Shoreacres, the confusion is compounded by both streets located in the same zip code. A solution to this problem requires new street numbers for the first two blocks of Forrest Street nearest Broadway. Currently there are no active residential structures on the two blocks in question The first block should be numbered from 1 to 49. The second block should be numbered 50 to 99. The remaining two blocks that currently have active residences will remain the same, with the third block address as 100 to 199, and the second block as 200 to 299. This change will not affect anyone curren~ living on Forrest S~ - ~ Signed: Address 01.20 ~frest 26) Fbt"rCSf '1.31 ~~<;;{-- ~J 2.. Y<"J(.fL<:1- p? ,W/tftST olu3 ~~ Jo {( r(,/VC4t:" /D '--I r-:~ / DC), . S/Ul.Est . ~~: y:::ffp ;:J / / ~ ~Re~5' /' -... , ~ fD ~ to Jt..lLeS t J 0& 1~~Le t; I 2- '1, '{_~ a...rz 0 .~t. Tf, ~ ej(.c.tn(, (JJ~ t~ l'f)- p) c.~~t loc.J.~ C>.ny ck- ~ hov.se ~ w"\~ss 'we s~ · ~ "to-s'\- ~f"'fS~~' I'~ ~ J'"O \Ish~s ~,. '^' ~'(t"Js'" s+. ~"" lft..P"d\:,. . -/(; Our Ie. J description..;s 23) FV..!E-+ ~ue J fUHhtr add1iJ:; (J)rrWslf)r1 -hJ f!; / mailerS. . . SIGN IN SHEET Please sign in. PRINT your name and address. If your wish to speak before Council please complete the form to the right. \