HomeMy WebLinkAbout2000-08-14 Regular Meeting and Special Called Workshop Meeting
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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.
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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.
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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.
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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
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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
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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
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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
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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
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RE!ST FOR CITY COUNCil AGENDA 11M
AGENDA DATE AUQust 14. 2000 REQUESTED BY: Cynthia Alexander. Director of Finance
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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
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ROBERT T. HERRERA, CITY MANAGER
cg.\O-oO
DATE
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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.
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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:
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A TrEST:
~dIIJIILA~
Martha Gillett, City Secretary
ox W. Askins, City Attorney
JUL-17-2000 MON 11:16 AM
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COUNTY OF HARRIS
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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
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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
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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
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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
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~ecmary
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Date
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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.....
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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
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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
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Project Manual
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ROOF REPLACEMENT: EMS BLDG. & POLICE BLDG.
CLP Project No. 99-2207
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. City of La Porte
. Planning Department
604 W. Fainnont Parkway
La Porte, Texas 77571
(281) 471-5020
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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.
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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
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~~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
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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:
~
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BY: Mark. Beck.endorf
(Authorized Person)
(Typed or D written)
Vi C'P. 'PTP.R.; rlp.n 1:
(Trtle)
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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
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PYRAMID
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WATERPROOFING INC.
STATEl\1ENT OF MATERIALS AND OTIIER CHARGES
INCORPORATED INTO THE PROJECT:
R CHARGES:
$ 43,000.00
$ 47,700.00
$ 90.700.00
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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. .
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.~X 16069 . HOUSTON, TEXAS 77222-6069
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A ROOFING & WATERPROOFING COMPANY
proposal 3 of 3
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OFF: (713) 699-4777 . FAX: (713) 697-8434
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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~
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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.
.
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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
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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
.
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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 $120,550.00 from
the City of La Porte utility Capital Improvement Fund (003) to fund
said contract.
section 2. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
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section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 14th day of August, 2000.
CITY OF LA PORTE
BY:~~~
N rman . Mal e
Mayor
ATTEST:
~(J., a, [{J1J$-
Mar ha A. Gillett
City Secretary
APPROVl'jD:
t2;;ttJ
Knox W. Askins
City Attorney
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.-
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.,
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
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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.
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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.
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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
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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
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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:
,-
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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.
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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;
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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
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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
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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
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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.
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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
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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.
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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,
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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
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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
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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.
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5.3 General
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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
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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
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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
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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
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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
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Richard C. Scott, P.E.
Deputy Director I City Engineer
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TYPICAL ASSIGNMENTS OF PROJECTS
Curve A
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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
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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
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. 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.
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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
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EXHIBIT "A"
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Due to the volume of this contract, a copy
is available for your review in the City
Secretary's Office
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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
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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
.
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1113A
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Section
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Cross
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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
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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
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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.
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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
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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
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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 .
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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
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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
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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
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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 ()
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ATTACHMENT A
PROJECT GOAL SUMMARY
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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):
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· 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
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Project Location Map
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ATTACHMENT B
PROJECT WORK PLAN
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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.
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ATTACHMENT C
PROJECT BUDGET
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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.
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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
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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 '
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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.,'
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Agreement / InteragencylInterlocal/ Category I -- Standard Form -- pg 3
Revised: November 24, 1997 -. Printed: July 25. 2000 .
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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
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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
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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
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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
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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 .
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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
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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 '
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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
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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 .
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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 '
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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.
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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.
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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
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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
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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.
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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
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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
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& 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;
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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
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PRINT your name and address.
If your wish to speak before Council please complete the form to the right.
\