HomeMy WebLinkAbout2001-12-10 Regular Meeting, Public Hearing, and Workshop Meeting
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MlNUTES OF THE REGULAR MEETING, PUBLIC HEARING
AND WORKSHOP MEETING OF LA PORTE CITY COUNCIL
DECEMBER 10,2001
1. CALL TO ORDER
The meeting was called to order by Mayor Norman Malone at 6:00 p.m.
Members of City Council Present: Councilpersons Guy Sutherland, Chuck Engelken,
Howard Ebow, Peter Griffiths, Alton Porter, James Warren, Charlie Young, Jerry Clarke,
and Norman Malone.
Members of Council Absent: None. Councilperson Ebow left meeting at 7:40 p.m.
therefore, he was unable to vote on Item 13.
Members of City Executive Staff and City Employees Present: City Manager Robert T.
Herrera, City Attorney Knox Askins, Assistant City Manager John Joerns, City Secretary
Martha Gillett, Finance Director Cynthia Alexander, Director of Administrative Services
Carol Buttler, Assistant City Secretary Sharon Harris, Public Works Director Steve
Gillett, Purchasing Manager Susan Kelley, Emergency Services Director Joe Sease,
Planning Director Doug Kneupper, Police Chief Richard Reff, City Planner Gwen
Goodwin, and Supervising Engineer Carlos Martinez.
Others Present: Dottie Clarke, Tim Clarke, Spero Pomonis, Dan Chappell, Mike Motet,
Dave Turnquist, Sib Carpenter, Jean Young, Nazar Momin, Colleen Hicks, Greg
Munchuratz and a number of citizens.
2. Reverend Dan Chappell of Fairmont Park Baptist Church delivered the invocation.
3. Council considered approving the minutes of the Regular Meeting on November 12,
2001.
Motion was made by Councilperson Clarke to aoorove the minutes of the Regular
Meeting on November 12. 2001 as presented. Second by Council person Warren. The
motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and
Malone.
Nays: None
Abstain: None
4. PROCLAMATIONS
Mayor Malone presented Tim Clarke with a Proclamation honoring him as an Eagle
Scout.
5. PETITIONS, REMONSTRANCES, COMMUNJCA TIONS, AND CITIZENS AND
T AXP AYERS WISHING TO ADDRESS COUNCIL.
The following citizens addressed City Council.
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City Council Minutes 12-10-01 - Page 2
Mr. Greg Raley of912 Wisconsin, South Houston, Texas 77587, addressed council
regarding Arizona Street construction at the school campus.
Dr. Bobbye L. Worsham of Second Baptist Church, 9025 Carlow Lane, La Porte, Texas
77571, addressed council in favor ofItem Number 10, paving and repair to Canada Road,
La Porte, Texas.
Mr. Nazar Momin of 6306 Hidden Crest Way, Sugar Land, Texas 77579, addressed
council regarding block #337 alley closing; he's in favor of closing.
Ms. Barbara Suber of 3902 Bonita, La Porte, Texas 77571, addressed council regarding
Bayport DEIS and Public Hearing.
617. Open Public Hearing -Mayor Malone opened the Public Hearing at 6:51 p.m.
Planning Director Doug Kneupper introduced City Planner Gwen Goodwin. Ms
Goodwin presented summary and recommendation of Special Conditional Use Permit
#SCU01-004 for Phase I of general office building.
Citizen Bill Athey of 102 Summer Winds spoke in favor of the Special Conditional Use
Permit #SCUO 1-004 for Phase I of general office building (32,006 sq. ft.) and detention
pond (26,000 sq. ft.) changing zoning classification to Planned Unit Development (PUD).
Staff recommended approval of the development.
Mayor Malone closed the Public Hearing at 6:59 p.m.
City Attorney read: ORDINANCE 1501- TT - AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE
COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF
LA PORTE, BY CHANGING THE ZONING CLASSIFICATION OF THAT CERTAIN
PARCEL OF LAND DESCRIBED AS FOLLOWS, TO WIT: 2.8 ACRES, BEING THE
EAST HALF OF TR 718, AND TR 719, AND ADJOINING STREET, OUT OF LA
PORTE, HARRIS COUNTY, TEXAS, TO PLANNED UNIT DEVELOPMENT, WITH
A SPECIAL CONDITIONAL USE PERMIT A IT ACHED FOR THE DEVELOPMENT
OF PHASE I OF FAIRWOOD OFFICE PARK, WHICH INCLUDES A 26,000 SQ. FT.
DETENTION AND LANDSCAPE AREA AND A 32,006 SQ. FT. BUILDING;
MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Ebow to approve Ordinance 1501-TT & SCU #01-
004 as presented bv Ms Goodwin. Second by Councilperson Engelken. The motion
carried.
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City Council Minutes 12-10-01- Page 3
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and
Malone.
Nays: None
Abstain: None
8. Council considered approval or other action regarding adopting an ordinance authorizing
Updated Service Credits and Increased Annuities for 2002.
Director of Administrative Services Carol Buttler presented summary and
recommendation and answered Council's questions.
City Attorney read: ORDINANCE 2001-1875-1 - AN ORDINANCE AUTHORIZING
AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL
RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR
SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO
PRESENTLY ARE IN THE EMPLOYEMENT OF THE CITY OF LA PORTE;
PROVIDING FOR INCREASED ANNUITIES FOR RETIREES OF THE CITY OF LA
PORTE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made bv Councilperson Engelken to approve Ordinance 2001-1875-1 as
presented by Mrs. Buttler. Second by Councilperson Ebow. The ~otion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and
Malone.
Nays: None
Abstain: None
9. Council considered approval or other action of an ordinance to vacate, abandon and close
the entire alley in Block 337, Town of La Porte; said ordinance to provide for dedication
of a 16' utility easement to facilitate existing utility service to the southernmost 100'
portion of the alley.
Planning Director Doug Kneupper presented summary and recommendation and
answered Council's questions.
City Attorney read: ORDINANCE 2001-2530 - AN ORDINANCE V ACA TING,
ABANDONING, AND CLOSING THE ALLEY IN BLOCK 337, TOWN OF LA
PORTE, HARRIS COUNTY, TEXAS; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made bv Councilperson Sutherland to approve Ordinance 2001-2530 as
presented by Mr. Kneupper. Second by Council person Griffiths. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Young, Clarke, and Malone.
Nays: None
Abstain: Warren
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City Council Minutes 12-10-01- Page 4
10. Council considered approval of an ordinance authorizing the City Manager to execute an
Agreement for Professional Services with Walsh / Freese & Nichols for design of Canada
Road Paving and Paving and Drainage Improvements and allocating $192,295 to fund
said agreement.
Planning Director Doug Kneupper presented summary and recommendation and
answered Council's questions.
City Attorney read: ORDINANCE 2001-2531 - AN ORDINANCE APPROVING AND
AUTHOlUZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND
W ALSHfFREESE-NICHOLS, TO PROVIDE PROFESSIONAL ENGINEERING
SERVICES FOR CANADA ROAD FROM SPENCER HIGHWAY TO F AIRMONT
PARKWAY; APPROPRIATING $192,295 TO FUND SAID CONTRACT; MAKlNG
VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING
AN EFFECTNE DATE HEREOF.
Motion was made bv Councilperson Engelken to approve Ordinance 2001-2531 as
presented bv Mr. Kneupper. Second by Councilperson Ebow. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and
Malone.
Nays: None
Abstain: None
11. Council considered approving or other action regarding an ordinance ratifying and
confirming the employment of Abrams Scott & Bickley, Attorneys at Law, to represent
the City of La Porte.
City Attorney Knox Askins presented summary and recommendation and answered
Council's questions.
City Attorney read: ORDINANCE 2001-2532 - AN ORDINANCE RATIFYING AND
CONFIRMING THE EMPLOYMENT OF ABRAMS SCOTT & BICKLEY,
ATTORNEYS AT LAW, TO REPRESENT THE CITY OF LA PORTE AS SPECIAL
COUNSEL ON MATTERS RELATING TO THE CONTRACT BETWEEN THE CITY
OF LA PORTE AND R.T.G. BUILDING COMPANY, ON THE CITY HALL
EXPANSION PROJECT; MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUJECT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTNE DATE HEREOF.
Motion was made by Councilperson Porter to approve Ordinance 2001-2532 as presented
by Mr. Askins. Second by Councilperson Engelken. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and
Malone.
Nays: None
Abstain: None
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City Council Minutes 12-10-01 - Page 5
12. Council considered approval ofa Sublease Agreement between Tri-Star Aviation Inc. and
Rick Wi lliams/Rickster Hangar for the operation of a restaurant on the La Porte
Municipal Airport.
Public Works Director Steve Gillett presented summary and recommendation and
answered Council's questions.
Motion was made by Councilperson Griffiths to approve the Sublease Agreement as
presented by Mr. Gillett. Second by Council person Engelken. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and
Malone.
Nays: None
13. Council considered requesting authorization for the City Manager to submit for a
Victims' Assistance Discretionary Grant for funding a Victims' Assistant Liaison.
Police Chief Richard Reffpresented summary and recommendation and answered
Council's questions.
Motion was made bv Councilperson Griffiths to approve the grant for funding a Victims'
Assistant Liaison as presented bv Chief Reff. Second by Councilperson Porter. The
motion c.arried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and
Malone.
Nays: None
14. Council considered a consent agenda as follows:
A. Award Bid #0844 - Water and Sewer Supplies to low bidders meeting specifications
- S. Kelley.
B. Award bid for plastic garbage bags to Jadcore, Inc. - S. Gillett.
C. Recommend that City Council award the bid for a % Ton Crew Cab truck to Philpott
Ford -], Sease.
Motion was made by Council person Clarke to approve the agenda and vote all items
together. Second by Councilperson Engelken. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and
Malone.
Nays: None
15. Workshop was called to order by Mayor Malone at 7:55 p.m.
The following items were discussed during the workshop session:
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City Council Minutes 12-10-01- Page 6
Agreement between the City of La Porte and RCC Consultants, Inc. to perform Phase I of
the communications project, including needs assessment, conceptual design and
preparation of budgetary cost estimates.
Greg Munchwrath, Vice President of RCC Consultants, provided Council with an
overview of Phase I project.
Close Workshop Meeting and reconvene Regular Meeting at 8:27 p.m.
16. Council considered approval or other action regarding an ordinance approving and
authorizing an agreement between the City of La Porte and RCC Consultants, Inc.
(previously tabled at 9/24/01 meeting).
Director of Emergency Services Joe Sease presented summary and made a
recommendation and answered Council's questions.
City Attorney read: ORDINANCE 2001-2516 - CONSIDER APPROVAL OR OTHER
ACTION REGARDING AN ORDINANCE APPROVING AND AUTHORIZING AN
AGREEMENT BETWEEN THE CITY OF LA PORTE AND RCC CONSULTANTS,
INC., TO PERFORM PHASE I OF THE COMMUNICATIONS PROJECT,
INCLUDING NEEDS ASSESSSMENT, CONCEPTUAL SYSTEM DESIGN, AND
PREPARATION OF BUDGETARY COST ESTIMATES (previously tabled at 9/24/01
. meeting).
Motion was made by Councilperson Young to approve Ordinance 2001-2516 as
presented by Mr. Sease. Second by Council person Griffiths. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and
Malone.
Nays: None
17. Council considered approval or other action regarding an Ordinance 2001-2529-A
amending ballot language of Proposition 3.
Knox Askins presented summary and made a recommendation and answered Council's
questions.
City Attorney read: ORDINANCE 2001-2529-A - AN ORDINANCE AMENDING AN
ORDINANCE ORDERING A BOND ELECTION, FIXING THE TIME, PLACE, AND
MANNER FOR HOLDING THE ELECTION, ESTABLISHING POLLING PLACES,
AND ORDERING OTHER MA TIERS RELATING THERETO.
Motion was made bv Councilperson Porter to approve Ordinance 200 1-2529-A as
presented by Mr. Sease. Second by Councilperson Griffiths. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and
Malone.
Nays: None
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City Council Minutes 12-10-01 - Page 7
18. 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,
DELffiERATION 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)
Council retired into executive session at 6:25 p.m.
Council returned to the table at 6:50 p.m., with no action taken.
19. ADJOURNMENT
There being no further business to come before Council, the Regular Meeting was duly
adjourned at 8:45 p.m.
Respectfully submitted,
...
'1!1Y!tdJ ,J(APiIl
City Secretary
Passed and approved on this 14th day of January 2002.
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RlEQU"T FOR CITY COUNCIL AGWDA ITEM
Agenda Date Req....ed: D~2001
R.equested By: Dou! Kneupp
Department: Plannin!
Appropriation
Source of Funds:
N/A
Account Number:
N/A
Report: _Resolution: _Ordinance: -L...
Amount Budgeted:
N/A
Exhibits:
Ordinance
SCUP #01-004
Document 1
Document 2
General Plan
Staff Report
Amount Requested:
N/A
Budgeted Item: YES
NO
SUMMARY & RECOMMENDATION
Mr. Louis Stranahan, on behalf, of Fairwood Development Ltd., discussed with Planning Department staff plans to build an office
park with small retail/shopping area on 8.26 acres, (buildings equal 132,000 sq. ft. and detention ponds equal 32,000 sq. ft.). The
project is located at the northwest corner of Underwood Road and Fainnont Parkway just southof Caniff Road. At City Council's
October 22, 2001 meeting, the proposed development was rezoned from the Neighborhood Conunercial (NC) to the Planned Unit
Development (PUD) zoning dis1rlct. Development within a PUD zone requires the approval of a General Plan along with a Special
Conditional Use Pennit (SCUP).
In November 2001, the applicant submitted a General Plan for a four-phased project to build an office park with a small
retail/shopping area. The applicant also submitted an application for a Special Conditional Use Permit (SCUP) for Phase I of the
development This phase consists of 2.8 acres with a parking lot, a two-story office building (32,006 sq. ft.), and detention pond
ft.... - 1!>,000 sq. ft). The applicant also developed a list of proposed uses for Phase I.
Alor6
o During review of this proposal, staff considered compatibility of uses and conditions. To ensure compatibility with surrounding uses,
Phase I is limited to general office building uses and other office activities - no warehousing, storage, installation, gambling, etc.
Document I lists these permitted uses.
At the November 29, 2001 Planning and Zoning Commission meeting, the Commission approved the General Plan. During the same
meeting, the Planning and Zoning Commission held a public hearing to receive testimony regarding the Special Conditional Use
Permit (SCUP) request Twenty-one notices of public hearing were mailed to neighboring property owners; however, no responses
were received. The Commission, by unanimous vote, forwarded a recommendation to Council to approve Special Conditional Use
Permit (SCUP) #SCUO 1-004 with the following conditions:
1. The permitted uses in Phase lare limited to those shown on Docwuent 1.
2. The developer shall use the covenants and res1rlctions similar to those listed in Document 2.
If approved, the next step for the applicant would be to submit, for the Commission's consideration, a Major Development Site Plan.
Action Required by Council:
1. Conduct public hearing.
2. Consider approval of Special Conditional Use Permit #SCUOI-004.
Approved for City Council Agenda
J~ T. MllVt~
Robert T. Herrera, City Manager
I 'l.,- <<.{ ..o(
Date
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ORNINANCE NO. 1501-TT
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE,
CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE
CITY OF LA PORTE, BY CHANGING THE ZONING CLASSIFICATION OF THAT CERTAIN
PARCEL OF LAND DESCRIBED AS FOLLOWS, TO-WIT: 2.8 ACRES, BEING THE EAST
HALF OF TR 718, AND TR 719, AND ADJOINING STREET, OUT OF LA PORTE OUTLOTS,
W.B. LAWRENCE SUBDIVISION, WILLIAM M JONES SURVEY, A-482, CITY OF LA PORTE,
HARRIS COUNTY, TEXAS, TO PLANNED UNIT DEVELOPMENT, WITH A SPECIAL
CONDITIONAL USE PERMIT ATTACHED FOR THE DEVELOPMENT OF PHASE I OF
FAIRWOOD OFFICE PARK, WHICH INCLUDES A 26,000 SQ. FT. DETENTION AND
LANDSCAPE AREA AND A 32,006 SQ. FT. BUILDING; MAKING CERTAIN FINDINGS OF
FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
"Section 1. The City Council of the City of La Porte hereby finds, determines and
declares that heretofore, to-wit, on the 29th day of November, 2001, at 6:00 p.m. a Public
Hearing was held before the Planning and Zoning Commission of the City of La Porte, Texas,
pursuant to due notice as required by the Open Meetings Law, Chapter 551, Texas Government
Code, to consider the question and the possible reclassification of the zoning classification of
the hereinafter described parcels of land. There is attached to this Ordinance as Exhibit "A",
and incorporated by reference herein and made a part hereof for all purposes, a copy of Notice
of Public Hearing, which the City Council of the City of La Porte hereby finds was properly
mailed to all owners of all properties located within two hundred feet (200') of the properties
under consideration.
"Section 2. The publisher's affidavit of publication of notice of said hearing [s attached
hereto as Exhibit "B", incorporated by reference herein and made a part hereof for all purposes.
"Section 3. Immediately following such public hearing on November 29,2001, the
Planning and Zoning Commission of the City of La Porte met in regular session to consider
changes in classification, which were the subject of such public hearing. The City Council of the
City of La Porte is in receipt of the written recommendations of the City of La Porte Planning and
ORDINANCE NO. 1501-"
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Zoning Commission, by letter dated November 30,2001, a true copy of which letter is attached
hereto as Exhibit "C", incorporated by reference herein and made a part hereof for all purposes.
"Section 4. Subsequent to receipt of the recommendation of the City of La Porte
Planning and Zoning Commission, the City Council of the City of La Porte called a public
hearing on the proposed classification changes and the recommendation of the Planning and
Zoning Commission on the 10th day of December, 2001, at 6:00 p.m., and pursuant to due
notice, to consider the recommendation of the Planning and Zoning Commission regarding the
possible reclassification of the zoning classification of the hereinafter described parcels of land.
There is attached to this Ordinance as Exhibit "0", incorporated by reference herein and made a
part hereof for all purposes, a copy of the notice of public hearing.
"Section 5. The publisher's affidavit of publication of notice of said hearing is attached
hereto as Exhibit "E", and incorporated by reference herein and made a part hereof for all
purposes.
"Section 6. The City Council of the City of La Porte hereby accepts the
recommendation of the City of La Porte Planning and Zoning Commission, and the zoning
classificatio':1 of the hereinafter described parcels of land, situated within the corporate limits of
the City of La Porte, is hereby changed in accordance therewith, and the zoning classification of
said parcels of land shall hereafter be "PUD -Planned Unit Development with a Special
Conditional Use Permit" for development of Phase I of Fairwood Office Park located at 9621
Fairmont Parkway, La Porte, Texas. The conditions of said Conditional Use Permit are as set
forth in the Motion and Recommendations of the Planning and Zoning Commission of the City of
La Porte, and shall be as set forth within the incorporated terms of the Special Conditional Use
Permit, a true copy of which is attached hereto as Exhibit "F". The description of said parcels of
land rezoned pursuant to sac Special Conditional Use Permit are as follows, to-wit:
ORDlNANCE NO. 1501-~
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2.8 Acres, Being a portion of the East Half of Tr. 718 and Tr. 719, and adjoining street,
out of La Porte Outlots, W.B. Lawrence Subdivision, William M. Jones Survey, A-482, City of La
Porte, Harris County, Texas.
"Section 7. The City Council of the City of La Porte hereby finds, determines, and
declares that all prerequisites of law have been satisfied and hereby determines and declares
that the amendments to the City of La Porte Zoning Map and Classification contained in this
Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives
.stated in the City of La Porte's Comprehensive Plan.
"Section 8. The City Council official 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 ~md 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 9. This Ordinance shall be in effect from and after its passage and approval.
Passed and approved this the 10th day of December, 2001.
CI~ PORTE
By: ~
- ORMAN MALO~
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THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City
of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the
La Porte Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 29th
day of November, 2001, in the Council Chambers of the City Hall, 604 West Fainnont Parkway,
La Porte, Texas. The purpose of this hearing is to consider a Special Conditional Use Pennit
Request #SCU 01-004, which has been requested for approximately 2.8 acres of land (phase I)
being east half of TR 718, TR 719, and adjoining street, out of La Porte Outl~ts, W. B. Lawrence
Subdivision, Volume 83, PG. 344, H.C.D.R. out of the William M. Jones Survey, A -482, City of La
Porte, Harris County, Texas. The property in question is located along Fainnont Parkway at
Underwood Road. The request, submitted by Mr. Louis Stranahan, on behalf of Summer Winds,
LLC., is seeking approval to develop office building at the subject property. Per Section 106 -637 of
the Code of Ordinances, a Special Conditional Use Penn it is required for the Development in a
Planned Unit Development (pUD). .
A meeting of the Planning and Zoning Commission will follow the public hearing for the purpose
of acting upon the public hearing items and to conduct other matters pertaining to the Commission.
Citizens wishing to address the Commission pro or con during the Public Hearing will be
required to sign in before the. meeting is convened.
CITY OF LA PORTE
Martha Gillett
City Secretary
This facility has disability accommodations available. Requests for accommodations or interpretive
services at meetings should be made 48 hours prior to the meeting. Please contact City Secretary's
office at (281) 471-5020 orTDD Line (281) 471-5030 for further infonnation.
EXH\BIT A
820 South 8th Street
La Porte, Texas 77571
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~t.:r;<. .. .;it".,:." A,482 €ity.of,'La.9lilrte ...; CUZehSI~'shlng
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;~'i;!~(.-. ..' ;~.6t~~:: ,,1.: Harris County, Texas:1ne"l' ~.:~u r...~~..,,? . ?mmis-
.Y"~ J.f1~rp.r _l!~f*~ec.:; property in question. is' 10. ~\l!\g.t! p'rq3~r ...ep~'~[Jng the
.~~'h!~Q-J:7~. 1:~t:f~:; 9p.g~: '..cated along.'. Fairmon~".ti~.~.qIIF).lde~.2f\~fri~.~be re-
b.Ofctl.rja~C?~~:, 9.f~;!n!l, . City,') P~~way :ft:1 Vn.~~~~p$:l..;,9'i'.'r~9.J8 ~!Jl!l~ .p~rore !he
. .:r.oyi~;.: R9ad. The "request: )iuB~"'!1l!'~~n~~~eonvened.
aF~ mitted by Mr. Louis Stt~~Cf1Z1ti. !10a-1I~0 I .
.J n~han,.~r.I.:;!1~~~'~;9.fr,$I;(IJ)~ ,:S:(}f~.P?8.,r.i" '!. .
.~ mer Winds. LLC., is seek.. . CI1YCF t:A PqRTE
., ing approval to. d,ElrP,IQP .9J-:a: ~. .~a~~~illein ..
r.l?P!1 }~ .: fj~e building at tli'~~2~je~t"~~~~d~ltYf5'iicr~~rY .
~h~;~,. . pr.~perty. Per sec,~cm.t~~~M..t~M~~W f. .
d!i,~'1j~37 of lhe-C9de of Oral~iq.q QO;:j:.', .IT.t.
'.."" . .. ;.;".~1 ~a"ces. .aM~p~~!al ;Gpf1~i..;;.~I~;:~?'~:. . f'C;ility .has
.'Go ers~ .tlonal Use'~PeriT\it: 'is~'re?-!t'cllsablh,ty,~ commodations
G~. .' . '. . .,. Ql ._e~ . ~.J< :..~~i~.ed f;or;.it1.ii. b:eplirim~'I'1'T~~~~~!i4t:!i~i~~~~f:J1t~ f?r ac'
mont. F.'arkwliY. La Porte, In~a Planned Unlt.Devel~.n~q"r:m\El<<!\~P'IjlSYSr ,.nterpre-
~~.r-:l"C:;.., C'If . Texas: TI1.~..p-ultioS.lf'~K~i~ ; op'ment (PUD). . tive ,services. at meetings
i ,-';:l'.; ": ;'\1. ".-;: ..... .. ,..;;.:! . hearing .is..Uo ,cofiside~:a I ;.. "u ~~. ~ ,..... ~OUI~"b!..'rnade.,'(8 hours
lor, ' . ~;;i. 7... .'.. .~"':. ':.; spic:iiir" C6~djfi~~l!i "iJis.; . i. I ~.~"'t.'.y S'l~a.2pii~~'~tb...l t"'i"'" meeting.
's, f'~j:..g;n.rJf..~q;p.ermit, ~il(iu~sv.,'''~~TtJ;:O:1~'l.,~t:.'. . A meeting of tbe ~1.e~~e.f~ta'01~a~ Secre-
:. :,:~::...~:~t!i'~ ;~.tP9!!1l ~Qtc;:!,r~hC!~1t9~!l~I'!M~.I.Planning and Zoning Co~.f. ,talYi!i \~ff!~~ratit(281)471-
I ::Gl;tHA-R~~i~i1~"V":jgl!.~.;;.t~d'tt~[t PPrP'[~XiW~~'!~.1 mission will follow the PUb;(ri!.Pf~~tpr:srr]QDlf' Line
.;ll:.'. . ., ... . 2.8 acres'of',amnptjl!"Slllj rlid hearing for. the p'ur-Rose (~Cl.1/471.~a30 fQr further
.;'1~..PO~TE . being east t'lalf..Qf(;.TIR.iJ:~iB1' of: acting"&~n'1hiiW6irc~~i\fdinih'tro'n~O().J. :"
.-L:~~t _ ", ., . TR ,.719,. and. ~adj~i;'lng.!Lhearing :i(e'M$'~~l;~l"iblfcb'nr ~S?~~!e '-e'r'l"~.. j $''': ~:
--_.............!.(~...a....~~";:1l$l~-Ci.....i . ..... .~... ~ . .\ .":1
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TheB
City of La Porte
County of Harris
State of Texas
Before me, the undersigned authority, on this date
came and appeared Karolyn Kellogg, a duly authorized
representative of The Bayshore Sun, a semi-weekly
newspaper published and generally distributed in the
City of La Porte, Harris County, Texas and who
after being duly sworn, swears the attached notice was
published in The Bayshore Sun dated II - II./- - ~ I
J/~~
Karolyn Kellogg
Authorized Representative
Sworn and subscribed before me this ~ tf' ,II day of /7 ~
~,/ 4-.~
Sandra E. Bumgarner
Notary Public
Harris County, Texas
,2001
.EXI1IBIT B
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City of La Po.rte
Established 1892
November 30, 2001
Honorable Mayor Norman Malone and City Council
City of La Porte
Dear Mayor Malone:
During a regular meeting on November 29, 2001, the La Porte Planning and
Zoning Commission approved a General Plan for Fairwood Office Park (8.2628
acres) located in a Planned Unit Development (PUD) zoning district. City
ordinance requires a Special Conditional Use Permit for all proposed
development in a PUD Zone.
In accordance with this requirement, the Planning and Zoning Commission held a
public hearing for a Special Conditional Use Permit #SCU01-004 for Phase I (2.8
acres) of the Fairwood Office Park. The Planning and Zoning Commission, by
unanimous vote, recommends that City Council consider approval of the Special
Conditional Use Permit #SCU01-004.
Respectfully subm itted,
~4?~
Planning and Zoning Commission, Chairperson
C: Robert T. Herrera, City Manager
John Joerns, Assistant City Manager
John Armstrong, Assistant City Attorney
Planning and Zoning Commission
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
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THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City
of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the
La Porte City Council will conduct a public hearing at 6:00 P.M. on the 10th day of!' December,
2001, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The
purpose of this hearing is to consider a Special Conditional Use Permit Request #SCU 01-004,
which has been requested for approximately 2.8 acres of land (phase I) being east half of TR 718,
TR 719, and adjoining street, out of La Porte Outlots, W. B. Lawrence Subdivision, Volume 83,
PG. 344, H.C.D.R. out of the William M. Jones Survey, A-482, City of La Porte, Harris County,
Texas. The property in question is located along Fairmont Parkway at Underwood Road. The
request, submitted by Mr. Louis Stranahan, on behalf of Summer Winds, LLC., is seeking approval
to develop office building at the subject property. Per Section, 1 06 -637 of the Code of Ordinances, a
Special Conditional Use Permit is required for the Development in a Planned Unit Development
(PUD).
A meeting of the City Council will follow the public hearing for the purpose of acting upon the
public hearing items and to conduct other matters pertaining to the Council.
,
Citizens wishing to address the Council pro or con during the Public Hearing will be
required to sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett
City Secretary
This facility has disability accommodations available. Requests for accommodations or interpretive
services at meetings should be made 48 hours prior to the meeting. Please contact City Secretary's
office at (281) 471-5020 or TOD Line (281) 471-5030 for further information.
dHI~1T D,
. . W',;
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820 South 8th Street
La Porte, Texas 77571
TheB
'Serving The Bayshore Area Since 1
City of La Porte
County of Harris
State of Texas
Before me, the undersigned authority, on this date
came and appeared Karolyn Kellogg, a duly authorized
representative of The Bayshore Sun, a semi-weekly
newspaper published and generally distributed in the
City of La Porte, Harris County, Texas and who
after being duly sworn, swears the attached notice was
published in The Bayshore Sun dated / / -,;2 5 -01
Karolyn Kellogg
Authorized Representative
Sworn and subscribed before .me this c:l r? -r.fl day of' )1 ~
~AL
Sandra E. Bumgarne~
Notary Public
Harris County, Texas
,2001
sma'IT
V
.rA
City of La Porte
Special Conditional Use Permit #SCU01-004
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This permit is issued to:
Louis Stranahan. Fairwood Development Ltd.
Owner or Agent
~
1811 Norfolk. Houston. TX
Address
For Development of:
Fairwood Office Park. Phase I
Development Name
9621 Fairmont Parkwav. La Porte. TX
Address
Legal Description:
2.8 acres. being the east half of TR 718. and TR 719. and
adioininll street. out of La Porte Outlots. W.e. Lawrence Subdivision.
William M. Jones Survey. A-482. City of La Porte. Harris Countv.
Texas.
Zoning:
Planned Unit Development
Use:
See attached Document 1 "Phase 1 Permitted Uses"
Permit Conditions:
1. The permitted uses in Phase I are limited to those shown in the attached Document 1
"Phase I Permitted Uses".
2. The Developer shall use the convenants and restrictions similar to those listed in the
attached Document 2 "Property Controls".
3. The Developer shall comply with all other applicable laws and ordinances of the City of La
Porte and the State of Texas.
Failure to begin construction within one (1) year after issuance or as scheduled under the terms of a
special conditiQnal use permit shall void the permit as approved, except upon an extension of time
granted after application to the Planning and Zoning Commission.
If construction is terminated after completion of any stage and there is ample evidence that further
development is not contemplated, the ordinance establishing such special conditional use permit may
be rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and
Zoning Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full
effect on the portion which is undeveloped.
'2,/3 -0/
Vlt~~--I4
City Secretary
EXHlatT F
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. Document 1
Phase I Permitted Uses
The uses proposed to be allowed in Phase I included the uses allowed
under the original Neighborhood Zoning Application plus the uses listed in
the table below,
PI
d U 't D
t Ph
I Add'f
I U
anne m eve opmen ase Ilona ses
Industry Industry Type Comments
SIC By Code
Code
473 Arrangements of Office use only. No warehousing or storage.
Transportation
481-489 Tele-Communications Office use only.
544 Food Stores Candy, nut and confectionery stores only.
546 Bakeries Limited to bakery items only.
549 . Misc. Food Stores Limited to coffee stores, dietetic, health,
spice/herb,tea, vitamin, and water stores only. (No
poultry or e22s.)
561-569 Apparel and Accessory Conditional use in zone
Stores
5713 Home I:'urnishings - No contractors/installers on site
Floor Coverin2
5714 Home Furnishings - No contractors/installers on site'
Drapery,.Curtain,
Upholstery
5719 Home Furnishings - No contractors/installers on site
Misc. Home
Furnishin2s
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Industry Sub- Type Comments
SIC By Code
Code
5719 Home Furnishings Misc. Home Furnishings (no contractors/installers)
on site
573 Radio, TV, Consumer Retail Services only.
Electronics,
Computers, Software
and Music Stores
5948 Misc. Shopping Goods No manufacturing on site. Conditional use in CR
Stores - Luggage & zone.
Leather store
5995 Retail Stores not No news and news stands; auction rooms awning
elsewhere c\assified- shops, fireworks, gravestones, hot tubs, ice dealers,
Optical Goods monuments, sales barns, tomb stones, whirlpool
baths.
5999 Misc. Retail Stores ALL.
WITH THE FOLLOWING EXCEPTIONS.. .NO
news & news stands, auction rooms, awning
shops, fireworks, grave stones, hot tubs, ice
dealers, monuments, sales barns, tomb stones,
whirlpool baths
602-608 Commercial Banks,
Savings Institutions,
Credit Unions, Foreign
Banking: and Branches
611-616 FederallFederall y
Sponsored Credit
Agencies, Person
Credit Institutions,
Business Credit
Institutions, Mortgage
bankers and Brokers.
621-639 Security and Limited to general business offices only. NO
Commodity Brokers, inspections stations
dealers, Exchanges,
and Services; Insurance
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Carriers.
731-738 Business Services General office use only.
7363 Personnel Supply General office use only.
Services
806-809 Hospital Limited to outpatient care only.
861-869 Membership
Oreanizations
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Document 2
Phase I Covenants and Restrictions
Zoning, CDI06:76, Section 106-659, Special regulations and procedures.
(a) Procedure for establishing or developing a planned unit development district
development. (4) A written description shall be submitted documenting the type
of property control that will be utilized to administer, control and maintain any
common open space or areas.
ADMINISTRATION:
The Developer's General Plan calls for a planned phase development of the Property. At
the conclusion of the general building construction and its supporting infrastructure
including but not limited to its utilities, parking areas landscaping, detention and
roadways for a specific phase, the lease occupant (Tenant) demised premises construction
shall commence. Each Tenant shall execute the Developer's Lease Agreement for it's
leased premises that will described in detail an architect's prepared space plan, approved
construction documents to be submitted thru the Building Permit process, and the legal
conditions that bind the parties. The Developer will provide the property management
services under the direction of a designated professional Property Manager with specific
responsibility to manage the improved properties described in the General Plan.
CONTROL: .
The legal control for the administration of each phase referred to in the General Plan shall
be contained in the Developer's Lease Agreement and shall be managed by the
Developer's Property Manager. A portion of the Rental Payment in the Lease allows for
the developer to charge each Tenant with specific building and common area
maintenance charges incurred during each annual accounting period. A portion of the
rent is collected monthly and a po~ion of the rent is billed annually to cover cost to
maintain any common open spac~ or areas.
ACfUAL OPERATING EXPENSES:
Actual operating expenses shall consist of all operating expenses, computed on the
accrual basis. These expenses would include but not be limited to; Buildings, the Land,
Paths, Sidewalks, Roadways, Landscaping, Signs, Detention Areas, Utility Services aJ?d'
Easements, Janitorial Services, which serve ~e buildings which may currently be in
existence and any such improvements which may be constructed to service any of the
foregoing in subsequent years as may be necessary or desirable in Landlord's discretion.
"
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SIGNAGE:
Signage will be as provided by the zoning ordinance. On site signage will be limited.
As each phase in the General Plan is completed, the administration and control.required
insuring that the property is maintained is a responsibility that is backed up by the
Developer's Lease Agreement and is enforceable in law. The Developer's Lease
. Agreement is assignable and/or may be transferred under specific conditions. However,
the responsibility for the administration, the controls and the charges in the rental rate
used for maintenance, and the maintenance itself for all common spaces or areas shall
survive any lease, sale, or other transfer of properties identified in the General Plan.
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. ,". ., : FAIRIVOOD. 01~FICr;: PhRK
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. ., AN OP.'ICE' PAIIK";u,i!':SHOPI'ING UEVELOI'E~rE'NT.
.:. 'n.l:ozn ^CIlESi3~9.9Z6 SQ. FT. I 0'1' LAND .
'. . .' '"TIl 2 IiF.STRIC1'ED' R.:SEIIVES: '. ",
. .': 'DEING ".OIlTrUNS.oF OU1'LO'rs 711J AND 710.....
..:. 01' 'rIIE lY. B.: ',^IYRENCE SUODlVISIUN .,:.
. VOLUME 83. PAt.:F.. 344.. H.C.Il.R. . ..
. ou'r OF. 'I'HE IJIIJJAId .11. JONES. SIJRVF.Y, .\":402'.
'!!SOR CONSULTING. ENGINEERS, iNC. CITY. OF LA P.UIITE; IIA)lrUS ~OUNTY. TElUS .'
ESOll CONSUL'rING IUIGINEEUS. INC. . . '. .
YAlIllTuOD IlF.YF.I.oPMEN1' L'rD, FlUNG DATE:.' NOYEMDER l~, 2001
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StafTReport
November 29, 2001
Fairwood Office Park
Special Conditional Use Permit #01-004
Request:
Requested By:
Requested For:
Present Zoning:
Requested Use:
Background:
Special Conditional Use Permit for
Fairwood Office Park - Phase I (2.8 acres)
Mr. Louis Stranahan, on behalf of, Summer Winds, L.L.C.
Phase I (2.8 acres) of the total development (8.2628 acres) being portions of
Outlots 718 and 719 of the W. B. Lawrence Subdivision, Volume 83, Page
344, H.C.D.R. out of the William M. Jones Survey, A-482, La Porte, Harris
County, Texas. The property, known as Fairwood Office Park, is located at
the northwest corner of Underwood Road and Fairmont Parkway.
Planned Unit Development (p.U.D.)
Office Building (See Exhibit A)
The proposed site for the Fairwood Office Park is located at the northwest
corner of Underwood Road and Fairmont Parkway just south of Caniff
Road. The site is near a low-density residential development, an apartment
complex, a mixture of commercial uses, and an Industrial Park across
Fairmont Parkway.
On September 20, 2001, the Planning and Zoning Commission considered
approval of the Rezone Request #ROI-005. The request asked for the
rezoning from Neighborhood Commercial (NC) to Planned Unit
Development (pUD). After taking comments and questions, the
Commission recommended approval to the City Council.
At the October 22, 2001 meeting, City Council passed and approved
Ordinance 1501-SS, which authorized the P.U.D. zoning of the property. In
addition, the applicant recognized our current NC zoning uses would satisfy
most of his contemplated uses; however, some uses would require GC
zomng.
The applicant submitted a General Plan for a four phased project to build an
office park with a small retaiVshopping area. (See the General Plan.) Upon
submittal of the General Plan, the applicant was also required to obtain a
Special Conditional Use Permit (SCUP) for Phase I (2.8 acres). In
accordance with the Zoning ordinance, this SCUP is being processed
simultaneously with the Fairwood Office Park General Plan.
Fairwood Park, Phase I
SCU01-o04
November 29, 2001
Page 2 of2
Analysis:
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Section 106-217 of the Code of Ordinances establishes the following criteria
for review of development projects within a PUD zoning district:
ct Compatibility of uses - Uses surrounding the property include an
apartment complex, a gas station, and a church. For Phase I, this SCUP
is limited to general office building uses and other office activities - no
warehousing, storage, installation, gambling, etc. See Exhibit A for a list
of approved uses.
o Conditions - Applicant is limited to developing the property with the
uses agreed upon in Exhibit A. There are no additional conditions for
the applicant to meet to obtain this SCUP.
Recommendation: Staff recommends approval of the Special Conditional Use Permit for Phase
I (covering 2.8 acres) with the following conditions:
1. The permitted uses in Phase I are limited to those shown on Exhibit A.
2. The developer shall use the covenants and restrictions listed in Exhibit B.
Options available to the Commission are as follows:
G) Approve the SCUP as filed.
CD Approve the SCUP with specific conditions either recommended by staff
or amended by the Commission.
o Disapprove the SCUP.
If approved, a recommendation from the Commission on this SCUP will be
forwarded to City Council for Final consideration.
If approved by Council, the applicant shall be authorized to submit a Minor
Site Plan for Phase 1. For subseqlient development, the applicant must
request a Special Conditional Use Permit for each phase of development (ll,
ill, and IV).
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date IIoqn_: D"'"1~OOI
Requested By: Carol Buttle~
Department: Administrative Services
AIJPropriation
Source of Funds: Various
Account Number:
Report:
Resolution:
Ordinance: X
Amount Budgeted:
Exhibits:
Ordinance
Amount Requested:
Exhibits:
TMRS SUPIJortine: Documentation
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
The Texas Municipal Retirement System Act (TMRS) enables member cities to adopt Updated Service
Credits and Increased Annuities, providing cities the opportunity to upgrade retirement benefits for
active employees and for retirees who currently receive a monthly annuity from TMRS.
By adopting Updated Service Credits at 100% for the year 2002, Council allows a member's retirement
benefit to be recalculated based on the member's average monthly salary for the three (3) year period
ending December 31, 2000. The member's retirement benefit is "updated" to reflect higher wages that
were earned for those three (3) years.
By including Increased Annuities, Council allows an increase for monthly annuities paid to City of
La Porte retirees. The increased calculation is based on a maximum of 70% of the change in the
Consumer Price Index, less any previously granted increases.
This ordinance becomes effective January I, 2002, and is non-repeating (in effect only for the
year 2002). Any future updates require adoption of a new ordinance prior to December 31 st of each
year. Adopting this ordinance will increase the City's contributions by approximately $32,000 for 2002,
affecting current employees and retirees, (approximately 414).
StafTRecommendation
Approve an ordinance authorizing Updated Service Credits and Increased Annuities for 2002.
Action Reauired bv Council:
Adopt an ordinance authorizing Updated Service Credits and Increased Annuities for 2002.
Approved for Citv Council Aeenda
D~~;;
e ORDINANCE NO. ~()O_<i'}5"';:';
AN ORDINANCE AMENDING ORDINANCE 1875, AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER
THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN
SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO
PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY OF LA PORTE; PROVIDING FOR INCREASED
ANNUITIES FOR RETIREES OF THE CITY OF THE CITY OF LA PORTE; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1 AI Jthori:n~tion of I Jpdated Service r.redit~
(a) On the terms and conditions set out in Sections 853.401 through 853.403 of Subtitle G
of Title 8, V.T.C.A., Government Code, as amended (hereinafter referred to as the ''TMRS Act"),
each member of the Texas Municipal Retirement System (hereinafter referred to as the "System")
who has current service credit or prior service credit in the System in force and effect on the 1 st
day of January of the calendar year preceding such allowance, by reason of service in the
employment of the City, an~ on such date has at least 36 months of credited service with the
System, shall be and is hereby allowed "Updated Service Credit" (as that term is defined in
subsection (d) of Section 853.402 of said title) in an amount that is ~ 'of the "base Updated
Service Credit" of the member (calculated as provided in subsection (c) of Section 853.402 of said
title). The Updated Service Credit hereby allowed shall replace any Updated Service Credit, prior
service credit, special prior service credit, or antecedent service credit previously authorized for
part of the same service.
(b) On the terms and conditions set out in Section 853.601 of said title, any member of the
System who is eligible for Updated Service Credits on the basis of service with this City, and who
has unforfeited credit for prior service and/or current service with another participating municipality
or municipalities by reason of previous service, and was a contributing member on the 1 st day of
January of the calendar year preceding such allowance, shall be credited with Updated Service
Credits pursuant to, calculated in accordance with, and subject to adjustment as set forth in said
853.601.
(c) In accordance with the provisions of subsection (d) of Section 853.401 of said title, the
deposits required to be made to the System by employees of the several participating departments
on account of current service shall be calculated from and after the date aforesaid on the full
amount of such person's earnings as an employee of the City.
Section? Increase in Retirement Annuities
(a) On terms and conditions set out in Section 854.203 of Subtitle G of Title 8, V.T.C.A.,
Government Code, as amended, the City hereby elects to allow and to provide for payment of the
increases below stated in monthly benefits payable by the System to retired employees and to
beneficiaries of deceased employees of this City under current service annuities and prior service
annuities arising from service by such employees to this City. An annuity increased under this
Section replaces any annuity or increased annuity previously granted to the same person.
(b) The amount of annuity increase under this Section is computed as the sum of the prior
and current service annuities on the effective date of retirement of the person on whose service
the annuities are based, multiplied by ZO%. of the percentage change in Consumer Price Index for
All Urban Consumers, from December of the year immediately preceding the effective date of the
person's retirement to the December that is 13 months before the effective date of this ordinance.
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ORDINANCE NO.
PAGE 2
.'
(c) An increase in an annuity that was reduced because of an option selection is reducible
in the same proportion and in the same manner that the original annuity was reduced.
(d) If a computation hereunder does not result in an. increase in the amount of an annuity,
the amount of the annuity will not be changed hereby. .
(e) The amount by which an increase under this Section exceeds all previously granted
increases to an annuitant is an obligation of this City and of its account in the municipality
accumulation fund of the System.
Section 3 The City Council finds, determines, recites and declares that a sufficient written
notice of the date, hour, place and subject of this meeting of the City Council was posted at a place
convenient to the public at the City Hall of the City for the time required by law preceding this
meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that
this meeting has been open to the public as required by law at all times during which this
ordinance and the subject matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and confirms such written notice and the
contents and posting thereof.
Section 4 Subject to approval by the Board of Trustees of Texas Municipal Retirement
System, the updated service credits and increases in retirement annuities granted hereby shall be
and become effective on the 1 st day of January 2002.
PASSED AND APPROVED, this the 101h day of December, 2001.
ATTEST:
Lfr;~/tLql
Martha Gillett
City Secretary
CITY OF LA PORTE
B~~~
N rman L. Malone, Mayor
Knox W. Askins
City Attorney
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UPDATED SERVICE CREDIT AND ANNUITY INCREASE STUDY
EXPLANATION OF PLANS
TMRS member cities have the opportunity to annually adopt Updated Service Credit and Annuity Increases,
improving retirement benefits for both active employees and retirees who are currently receiving a monthly
retirement benefit from the System.
Section I
If the City adopts 100% Updated Service Credit effective January 1, 2002, a member's updated service credit
will be calculated based on the member's average monthly salary for the three- ear eriod 1998 1999 and
~OOo., assuming the member had always earned that average salary an made contributions to the System,
matched by the City on the basis of the three-year average salary, and had earned 3% annual interest. In
other .words, a member's retirement benefits are "updated" based on the wages earned in recent years
(granted a credit if the updated service credit calculation is greater than the actual amount from all sources in
the member's account). In addition, if the City has increased the employee deposit rate and/or the City's
matching ratio, the new Updated Service Credit will reflect those changes. If the City adopts Updated Service
Credit of less than 100%, the percentage adopted will be used in calculating the member's credit.
The "Proposed Plans" on the Updated Service Credit and Annuity Increase Study (Section I) are prepared as
follows: .
1. The first plan includes Updated Service Credit, along with the Senate Bill 505 provisions if
the City has not previously adopted these provisions. If your City has adopted the Annually
Repeating Updated Service Credit and Annuity Increases, this plan indicates the separate
cost of the update.
2. If your City has a matching ratio other than 2 to 1, or an employee deposit rate other than
7%, additional proposed plans will be shown with a higher matching ratio or a higher
employee deposit rate, as well as Updated Service Credit. These plans will also include the
optional provisions of Senate Bill 505 if the City has not previously adopted these provisions.
3. If your City requested any specific plans, these plans will also be shown.
Section II
The City also has the option to adopt increases in the monthly annuities being paid to retirees. Most cities
adopt annuity increases each year along with the Updated Service Credit. The increase that can be granted to
retirees is calculated based on a maximum of 70% of the change in the Consumer Price Index (CPI-U), less
any previously granted increases. The change in the CPI is measured from the December preceding the
individual's actual retirement date throuah December 2000. Proposed Plans "A" through "C" (Section II)
iildicate the cost of the various levels of annuity increases. The rate shown under one of these proposed plans
must be added to the rate of a Proposed Plan in Section I to yield the City's total contribution rate.
The City can adopt Updated Service Credit and Annuity Increases by adoption of an ordinance each year, or
by adopting the annually repeating provision whereby the City is not required to adopt an ordinance each year.
By adopting Updated Service Credit and Annuity Increases regularly, the City will be providing a retirement
program that keeps benefits in line with increases in employees' salaries, in addition to protecting retirees'
monthly retirement annuities for the effects of inflation.
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REQUEST FOR ClIn COUNCIL AGENDA liTEM
Appropriation
Agenda Date Requested: December 10. 2001
Requested By: Boa. "-o"~
Department: IPlannin2
Source of Funds:
N/A
Account Number:
N/A
Amount Budgeted: N/A
Report: _Resolution: _Ordinance:...x..
Amount Requested:
Exhibits:
1. Ordinance
2. AreaMap
Budgeted Item: _YES ...x..NO
SUMMARY & RECOMMlENDATION
Mr. Nazar Momin (owner of Lots 1-12 and 19-32, Block 337, Town of La Porte) has submitted an application to the
City to vacate, abandon and close the entire alley in Block 337, Town of La Porte. The purpose of his request is to
consolidate his property to create a contiguous tract of land to facilitate future development Mr. Momin has procured
Letters of Consent from the additional property owners of the block; Angelo Cucco (Lots 13-16) and EBC, Inc. (Lots
17 & 18).
In reviewing the closing request, Staff has detennined that existing water, electricity, gas, telephone and cable facilities
located within the alley must be either maintained in place, relocated and/or abandoned The applicant has coordinated
with each of the City's fmnchised utility companies (i.e. Reliant Energy, Southwestern Bell & Time-Warner
Communications) for the relocation of existing electrical, telephone and cable facilities from the nortbermnost 300' of
the alley while maintaining current utility service to the remaining property owners by retaining a 16' utility easement
along the southernmost 100' of the alley. The City's Public Works Department has detennined that the City's existing
waterline can be cut, plugged and abandoned from the northenunost 300' of the alley without affecting additional
services north of the block.
In accordance with Ordinance No. 98-2225, Staff has arranged for an independent appraisal to be conducted for the
rights-of-way in question. As a result, the fair marl<et value of the property has been assessed at $1.65 per square foot.
The City has received compensation from the applicant for the entire alley (6,400 sq. ft.) in the amount of $7,920 (75%
of fair market value per City ordinance).
Recommendation:
Staff recommends closing, vacating, and abandoning the entire alley in Block 337, Town of La Porte retaining a 16'
utility easement for the southernmost 100' portion of the alley to be closed
Action ReClluired bv Coulllcil:
Consider approval of an ordinance to vacate, abandon and close the entire alley in Block 337, Town of La Porte; said
ordinance to provide for dedication of a 16' utility easement to :filcilitate existing utility service to the southernmost
100' portion of the alley.
Approved foD' City Council Aeenda
~~~ U~
Robert 1', l8lerrera, City Manager
\'l-4-o(
Date
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Exhibit No.1
ORDINANCE
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ORDINANCE NO, 2001- a 5'3 D
AN ORDINANCE VACATING, ABANDONING, AND CLOSING THE ALLEY IN
BLOCK 337, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF,
WHEREAS, the City Council of the City of La Porte has been requested by record
owners of all of the property abutting the hereinafter described alley in Block 337, Town of La
Porte, Harris County, Texas, to vacate, abandon, and permanently close the alley in Block 337,
Town of La Porte, Harris County, Texas; and
WHEREAS, the City Council of the City of La Porte has determined and does hereby
find, determine, and declare that the hereinafter described alley in Block 337, Town of La Porte,
Harris County, Texas is not suitable, needed, or beneficial to the public as an alley, and the
closing of the hereinafter described alley in Block 337, Town of La Porte, Harris County, Texas,
is for the protection of the public and for the public interest and benefit, and that the hereinafter
described alley in Block 337, Town of La Porte, Harris County, Texas, should be vacated,
abandoned, and permanently closed.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
Under and by virtue of the power granted to the City of La Porte under its
Home Rule Charter and Chapter 253, Section 253.001, Texas Local Government Code, the
hereinafter described alley in Block 337, Town of La Porte, Harris County, Texas, all shown on
the plat attached hereto as Exhibit "A", incorporated by reference herein and made a part hereof
for all purposes, are hereby permanently vacated, abandoned, and closed by the City of La Porte,
to-wit:
Being the entire alley in Block 337, Town of La Porte, Harris County, Texas
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Section 2,
The City Council officially finds, determines, recites, and declares that a
sufficient written notice of the date, hour, place, and subject of this meeting of the City Council
was posted at a place convenient to the public at the City Hall of the City for the time required by
law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas
Government Code; and that this meeting has been open to the public as required by law at all
times during which this ordinance and the sl,lbj ect matter thereof has been discussed, considered
and formally acted upon. The City Council further ratifies, approves, and confirms such written
notice and the contents of the posting thereof
Section 3,
In conjunction with the vacation, abandonment and closing of said alley,
the City hereby retains a sixteen (16') foot wide utility easement lying within and situated
between lots 13 through 16 and lots 17 through 20, Block 337, Town of La Porte. This
ordinance shall be effective from and after its passage and approval, and it is so ordered.
. PASSED AND APPROVED, this 10TH day ofDecen1ber 2001.
FLAPORTE
ATTEST:
. -ff!fJ11:/I6.j at lit itl/ '.
Martha A. Gillett, City Secretary
APti?~ud
Knox W. Askins, City Attorney
2
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EXHIBIT "A"
TO ORDINANCE # 2001-2530
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Exhibit No.2
AREA MAP
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JREQU,T FOR CITY COUNCIL AGIDA ITEM
Appropriation
Agenda Date Requested: December 10, 2001
Requ...... By: Doug ,,-"ppe4/
Department: Planning . 0
Source of Funds: Fund 015
Account Number: 015-9892-766-1100
Amount Budgeted: $192,959
Report: _R.esolution: _Ordinance: ~
Amount Requested: $192,295
Exhibits: Ordinance
Agreement for Professional Services
Budgeted Item: YES
.
Summary and Recommendation
The FY 98-99 Budget provided $235,000 for realignment of the Spencer Highway I Canada
Road intersection. Expenditures related to this project have been for land acquisition (adjacent
to Texaco) and preliminary engineering services, leaving a balance of $192,959 available. The
current course of action is to prepare construction drawings for the entire roadway from Fairmont
Parkway to Spencer Highway and then construct the entire roadway.
Staff has negotiated with the engineering firm Walsh I Freese & Nichols for an engineering
services agreement to design the entire project. An Agreement for Professional Services and
Scope of Work is attached. Phase 1 of their services will include surveying, right-of-way
mapping, geotechnical investigation, drainage impact analysis, traffic control and traffic signal
modification, and roadway I bridge design. Phase 2 of their services includes assistance with
bidding, and construction administration. The fee associated with Phase I is $192,295 and the
fee associated with Phase 2 is $26,305. These engineering services will be based on actual time
and materials expended with a total for Phase I and Phase 2 not-to-exceed $218,600. The design
of the project up to bidding phase will be completed within 120 days after authorization to
proceed.
Funding for Phase 1 of this professional services agreement is available in Fund 015-General
Capital Improvement Fund. Additional funding of approximately $27,000 for Phase 2 of the
engineering services will need to be allocated in the future when full funding for the construction
is authorized.
Construction of this roadway from Fairmont Parkway to Spencer Highway is estimated to cost
$2.2 million, which does not include right-of-way acquisition and possible pipeline adjustments.
Staff recommends hiring the engineering firm Walsh I Freese & Nichols to provide surveying,
geotechnical and final design services for Canada Road based on the attached Agreement.
Action Required by Council:
Consider approval of an ordinance authorizing the City Manager to execute an Agreement for
Professional Services with Walsh I Freese & Nichols for design of Canada Road Paving and
Drainage Improvements and allocating $192,295 to fund said agreement.
Council A enda
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.Date I
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ORDINANCE NO. 2001- J, 5 ar
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT
BETWEEN THE CITY OF LA PORTE AND WALSH/FREESE-NICHOLS,
TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR
CANADA ROAD FROM SPENCER HIGHWAY TO FAlRMONT
PARKWAY; APPROPRIATING $192,295.00 TO FUND SAID
CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA
PORTE:
Sectiolll 1. The City Council hereby approves and authorizes the
contract, agreement, or other undert!1king described in the title of this
ordinance, in substantially the form as shown in the document which is
attached hereto and incorporated herein by this reference. The City
Manager is hereby authorized to execute such document and all related
documents on behalf of the City of La Porte. The City Secretary is hereby
authorized to attest to all such signatures and to affix the seal of the City
to all such documents. The City Council appropriates the sum not to
exceed $192,295.00 from General Capital Improvement Fund 015 to
fund said con tract.
Section 2. The City Council officially finds, determines, recites,
and declares that a sufficient written notice of the date, hour, place and
subject of this meeting of the City Council was posted at a place
convenient to the public at the City Hall of the City for the time required
by law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been
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ORDINANCE NO. 2001- ~S31
.
,
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.
Sectiollll. 3. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
PASSED AND APPROVED, this 10th day of December, 2001.
CITY OF LA PORTE
By: ~~
Mayor
ATIEST:
~1J4i/t;, Ac/m
M tha GIllett
City Secretary
Al%;~d
Knox W. Askins
City Attorney
AG&MENT FOR PROFESSIONAL SERtCES
ST ATE OF TEXAS ~
COUNTY OF HARRIS ~
This AGREEMENT is entered into by the City of La Porte, hereinafter called "OWNER" and Walsh/Freese and
Nichols, Inc., hereinafter called "WFN". In consideration of the AGREEMENTS herein, the parties agree as
follows:
I. EMPLOYMENT OF WFN: In accordance with the terms of this AGREEMENT: OWNER agrees to
employ WFN; WFN agrees to perform professional services in' connection with the Project; OWNER
agrees to pay to WFN compensation. The Project is described as follows: Canada Road Paving and
Drainage Improvements from Spencer Highway t<? Fairmont Parkway.
II. SCOPE OF SERVICES: WFN shall renper professional services in connection with Project as set
forth in Attachment SC - Scope of Services and Responsibilities of OWNER which is attached to and
made a part ofthis AGREEMENT.
ill. COMPENSATION: OWNER agrees to pay WFN for all professional services rendered under this
AGREEMENT in accordance with Attachment CO - Compensation which is attached hereto and made a
part of this AGREEMENT. WFN shall perform professional services as outlined in the "Scope of
Services" based on Hourly Rate with a Maximum Fee. At this time, based on our understanding of
scope of work, the total fee shall not exceed $218,600 (Design Phase and Additional Services at
$192,295 and Construction Phase and Additional Services at $26,305). Detail concerning the fee are
included in Attachment CO.
N. TERMS AND CONDITIONS OF AGREEMENT: The Terms and Conditions of Agreement as set
forth as Attachment TC shall govern the relationship between the OWNER and WFN.
Nothing under this AGREEMENT shall be construed to give any rights or benefits in this AGREEMENT to
anyone other than OWNER and WFN, and all duties and responsibilities undertaken pursuant to this
AGREEMENT will be for the sole and exclusive benefit of OWNER and WFN and not for the benefit of any
other party.
This AGREEMENT constitutes the entire AGREEMENT between OWNER and WFN and supersedes all prior
written or oral understandings.
This contract is execlited in two counterparts. .
IN TESTIMONY HEREOF, they have executed this AGREEMENT, thj~ day of{);c J
2001.
ArrEST:
CITY OF LA PORTE
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B~T,~
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W ALSH/FREESE AND NICHOLS, INC.
By ~....I'/_~
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SCOPE OF SERVICES AND RESPONSmILITIES OF OWNER
ARTICLE I
BASIC AND DESIGNATED ADDITIONAL SERVICES: WFN shall render the following
professional services in connection with the development of the Project:
A. PRELIM:INARY AND DESIGN PHASE
a. BASIC SERVICES:
1. Attend preliminary conference with the OWNER to establish requirements for the
Project and review available data.
2. Prepare construction plans and details for pavement improvements for the Project. The
roadway geometric will be in accordance with option II of the Preliminary Engineering
Study prepared by Walsh/Freese and Nichols, Inc., dated June 2001. Pavement will be
concrete, 45'. 0" (bc-bc) within the existing 60'- wide right-of-way section, and 2-25'-
0" (bc-bc) divided within the proposed 100'. wide right-of-way section.
3. Prepare drawings showing the existing topography within the limits of the Project.
4. Prepare construction plans and details for a bridge/multi-box culvert structure (as
required per Hydraulic Impact Analysis) at the HCFCD ditch BI09-00-00.
. 5. Prepare construction plans and details for the roadway and outfall storm sewer systems
to discharge into the existing HCFCD ditch B 1 09-00-00.
6. Prepare plans for pavement marking and roadway signage.
7. Design sidewalks on both sides of the roadway for the northern segment of the Project
(within limits of residential development).
8. Conduct coordinations with pipeline and utility companies which are to be affected by
this Project. Cost associated with possible utility adjustments/protection not included
in the estimated construction cost of the project.
9. Submit plans to Harris County for approval of pavement tie-ins at Spencer Highway
and Fairmont Parkway, and to HCFCD for crossing of ditch B 109.00-00.
10.. Prepare detailed specifications and Contract Documents for the construction authorized
by the OWNER.
11. Prepare detailed cost estimates of authorized construction. WFN shall not be required
to guarantee the accuracy of these estimates.
12. Conduct periodical meetings with the OWNER to report project progress and resolve
design issues.
13. Furnish to the OWNER"five (5) copies of approved Plans, Specifications and Contract
Documents and one set of reproducible plans and specifications and electronic files of
plans. Additional sets of documents can be provided as an additional service.
b. ADDITIONAL SERVICES:
1. Conduct the necessary topographical and boundary surveys within the Project limits for
the purpose of design and preparation of metes & bounds descriptions for the parcels of
land to be acquired by the City for the section of the Project which does not have
existing right-<?f-way (surveying subconsultant.'s proposal attached). All activities
T: LAP2\Scope of Sc:rviccI.doc
SC-l
WFN .A?19
OWNER
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related to the appraisal, legal documents, negotiations to acquIre the parcels not
included in the scope of this project.
2. Conduct geotechnical investigation for the purpose of design of the project (see
subconsultant's proposal attached).
3. Prepare traffic control plans for the pavement tie-in and signal modifications at
Spencer Highway and pavement tie-in at Fairmont Parkway (Additional Services).
4. Prepare construction plans and details and coordinate with Harris County to modify
the current signal at Spencer Highway to meet the proposed roadway geometric at the
intersection (Additional Services). It is assumed that City, through Harris County,
furnish in electronic format the existing design plans.
5. Conduct Hydraulic Impact Analysis as it pertains to ditch BI09-00-00 and prepare a
report documenting the findings and make recommendation on drainage mitigation, if
any, which might be required. (Additional Services)
Our analysis and report excludes preparation of a Conditional Letter of Map Revision
(CLOMR) for the FEMA. If City determines that it is needed, a separate Scope and
Fee proposal will be submitted.
If mitigation in the form of on-site or off-site detention is required, a supplemental fee
proposal will be submitted to the City for approval and authorization prior to
performing any design work.
6. Design Phase reimbursable expense as required (Additional Expense).
B. CONSTRUCTION PHASE
Upon completion of the design services and approval of "Final" drawings and specifications
by OWNER, upon authorization by OWNER, WFN will proceed with the performance of
services in this phase as follows:
a. BIDDING SERVICES:
1. Assist OWNER in securing bids. Provide a copy of the notice to bidders for OWNER
to use in notifying construction news publications and publishing appropriate legal
notice. The cost for publications shall be paid by OWNER.
2. Assist the OWNER in maintaining information on entities that have been issued a set
of bid documents. Distribute information on plan holders to interested contractors and
vendors on request.
3. Assist the OWNER by responding to questions and interpreting bid documents.
Prepare and issue addenda to the bid documents to plan holders if necessary.
4. Assist the OWNER in conducting a pre-bid conference (if required) for the construction
projects and coordinate responses with OWNER. Response to the pre-bid conference
T LAP21Scopc or Services.doc
SC-2
WFN ~~
OWNER_
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will be in the form of addenda issued after the conference. Attend the tour of the
project site after the pre-bid conference (if required).
5. Assist the OWNER in the opening, tabulating, and analyzing the bids received.
Recommend award of contracts or other actions as appropriate to be taken by OWNER.
6. Assist the OWNER in the preparation of Construction Contract Documents for
construction contract. Provide five (5) sets of Construction Contract Documents
which include information from selected contractor's bid documents, legal documents,
and addenda bound in the documents for execution by the OWNER and construction
contractor. Distribute two (2) copies of these documents to the contractor with a
notice of award that includes directions for the execution of these documents by the
construction contractor. Pro viae the OWNER two (2) copies of these documents for
use during construction. One (1) copy of these documents will be used by WFN during
construction. Additional sets of documents can be provided as an additional service.
7. Furnish contractor copies of the drawings and specifications for construction pursuant
to the General Conditions of the Construction Contract.
b. CONSTRUCTION SERVICES:
Upon completion of the bid or negotiation phase services, upon authorization by OWNER,
WFN will proceed with the performance of construction phase services as described below.
WFN will endeavor to protect OWNER in providing these services. However, it is
understood that WFN does not guarantee the Contractor's performance, nor is WFN
responsible for supervision of the Contractor's operation and employees. WFN shall not be
responsible for the means, methods, techniques, sequences or procedures of construction
selected by the Contractor, or any safety precautions and programs relating in any way to
the condition of the premises, the work of the Contractor or any Subcontractor. WFN shall
not be responsible for the acts or omissions of any person (except its own employees or
agents) at the Project site or otherwise performing any of the work of the Project.
These services are based on the use of WFN standard General Conditions for construction
pr.ojects. Modifications to these services required by use of other general conditions or
contract administration procedures is an additional service. If general conditions other than
WFN standards are used, the OWNER agrees to include provisions in the construction
contract documents that will require the construction contractor to include WFN and their
subconsultants on this project to be listed as an additional insured on contractor's insurance
policies.
1. Assist OWNER in conducting pre-construction conference(s) with the Contractor(s),
review construction schedules prepared by the Contractor(s) pursuant to the
requirements of the construction contract, and prepare a form for the purpose of
monthly pay estimates of the Project from information provided by the Construction
Contractor.
2. Establish communication procedures with the OWNER and contractor.
3. Establish and maintain a project documentation system consistent with the
requirements of the construction contract documents. Monitor the processing of
T: LAP2\Scopc of Services.doc
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WFN ~.#
OWNER
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contractor's submittals and provide for filing and retrieval of project documentation.
Review contractor's submittals, including, requests for information, modification
requests, shop drawings, schedules, and other submittals in accordance with the
requirements of the construction contract documents for the projects. Monitor the
progress of the contractor in sending and processing submittals to see that
docun:tentation is being processed in accordance with schedules.
4. Based on WFN's observations as an experienced and qualified design professional and
review of the Payment Requests and supporting documentation submitted by
Contractor, determine the amount that WFN recommends Contractor be paid on
monthly and final estimates, pursuant to the General Conditions of the Construction
Contract.
5. Make periodic visits to the site (as distinguished from the continuous services of a
Resident Project Representative) to observe the progress and the quality of work and to
attempt to determine in general if the work is proceeding in accordance with the
Construction Contract Documents. In this effort WFN will endeavor to project the
OWNER against defects and deficiencies in the work of Contractors and will report any
observed deficiencies to OWNER. WFN, however, cannot guarantee the performance
of the Contractor, nor be responsible for the actual supervision of construction
operations or for the safety measures that the contractor takes or should take.
6. Notify the contractor of non-conforming work observed on site visits. Review quality
related documents provided by the Contractor such as test reports, equipment
installation reports or other documentation required by the Construction contract
documents.
7. Coordinate the work of testing laboratories and inspection bureaus required for the
testing or inspection of materials, witnessed tests, factory testing, etc. for quality
control of the Project. The cost of such quality control shall be paid by OWNER and is
not included'in the services to be performed by WFN.
8. Interpret the drawings and specifications for OWNER and Contractor(s).
. Investigations, analyses, and studies requested by the Contractor(s) and approved by
OWNER, for substitutions of equipment and/or materials or deviations from the
drawings and specifications is an additional service.
9. Establish procedures for administering constructive changes to the construction
contracts. Process contract modifications and negotiate with the contractor on behalf of
the OWNER to.determine the cost and time impacts of these changes. Prepare change
order documentation for approved changes for execution by the OWNER.
Documentation of field orders, where cost to OWNER is not impacted, will also be
prepared. Investigations, analyses, studies or design for substitutions of equipment or
materials, corrections of defective or deficient work of the contractor or other
deviations from the construction contract documents requested by the contractor and
approved by the OWNER are an additional service. Substitutions of materials or
equipment or design modifications requested by the OWNER are an additional service.
10. Prepare documentation for contract modifications required to implement modifications
in the design of the project. Receive and evaluate notices of contractor claims and
T: LAP2\Scopc or Scrvic".cIoc
SC-4
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OWNER
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make recommendations to the OWNER on the merit and value of the claim on the basis
of information submitted by the contractor or available in project documentation.
Endeavor to negotiate a settlement value with the Contractor on behalf of the OWNER
if appropriate. Providing these services to review or evaluate construction contractor(s)
claim(s), supported by causes not within the control ofWFN are an additional service.
11. Assist in the transfer of and acceptance by the construction contractor of any OWNER
furnished equipment or materials.
12. Conduct, in company with OWNER's representative, a final review of the Project for
conformance with the design concept of the Project and general compliance with the
Construction Contract Documents. Prepare a list of deficiencies to be corrected by the
contractor before recommendation of final payment. Assist the City in obtaining legal
releases, permits, warranties, spare parts, and keys from the contractor. Review and
comment on the certificate of completion and the recommendation for final payment to
the Contractor(s). Visiting the site to review completed work in excess of two trips are
an additional service.
13. Revise the construction drawings in accordance with the information furnished by
construction Contractor(s) reflecting changes in the Project made during construction.
Two (2) sets of prints of "Record. Drawings" shall be provided by WFN to OWNER. If
additional surveying or inspection is necessary in order to produce accurate and
complete As-Built drawings, then such services by the WFN will be at the Per Diem
Rate attached.
c. ADDITIONAL SERVICES:
1. Assist the OWNER in pre-qualification of all prospective bidders and issue a list of
eligible bidders prior to bid.
2. Construction Phase reimbursable expense as required. (Additional Expense).
ARTICLE II
ADDITIONAL SERVICES: Additional Services to be performed by WFN, if authorized by
OWNER, which are not included in the above described basic and additional services, are
described as follows:
A. Field layouts or the furnishing of construction line and grade surveys.
B. GIS mapping services or assistance with these services.
C. Providing services to investigate existing conditions or facilities, or to make measured
drawings thereof, or to verify the accuracy of drawings or other information furnished by
OWNER.
D. Providing renderings, model and mock-ups requested by the OWNER.
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E. Making revisions to drawings, specifications or other documents when such revisions are
1) consistent with approvals or instructions previously given by OWNER or 2) due to
other causes not solely within the control ofWFN.
F. Providing consultation concerning the replacement of any Work damaged by fire or other
cause during the construction, and providing services as may be required in connection
with the replacement of such Work.
G. Investigations involving consideration of operation, maintenance and overhead expenses,
and the preparation of rate schedules, earnings and expense statements, feasibility studies,
appraisals, evaluations, assessment schedules, and material audits or inventories required
for certification of force account construction performed by OWNER.
H. Providing shop, mill, field or laboratory inspection of materials and equipment. Observe
factory tests of equipment at any site remote to the project or observing tests required as a
result of equipment failing the initial test.
1. Preparing data and reports for assistance to OWNER in preparation for hearings before
regulatory agencies, courts, arbitration panels or any mediator, giving testimony,
personally or by deposition, and preparations therefore before any regulatory agency,
court, arbitration panel or mediator.
J. Furnishing the services of a Resident Project Representative to act as OWNER's on-site
representative during the Construction Phase. The Resident Project Representative will
act as directed by WFN in order to provide more extensive representation at the Project
site during the Construction Phase. Through more extensive on-site observations of the
work in progress and field checks of materials and equipment by the Resident Project
Representative and assistants, WFN shall endeavor to provide further protection for
OWNER against defects and deficiencies in the work. Furnishing the services of a
Resident Project Representative is subject to the provisions of Article IC.
If OWNER provides personnel to support the activities of the Resident Project.
Representative who is WFN or WFN's agent or employee, the duties, Responsibilities
,and limitations of authority of such personnel will be set forth in an Attachment
attached to and made a part of this AGREEMENT before the services of such
personnel are begun. It is understood and agreed that such personnel will work under
the direction of and be responsible to the Resident Project Representative. OWNER
agrees that whenever WFN informs him in writing that any such personnel provided by
the OWNER are, in his opinion, incompetent, unfaithful or disorderly, such personnel
shall be replaced.
K. Assisting OWNER in claims disputes with Contractor(s).
1. Performing investigations, studies and analyses of substitutions of equipment and/or
materials or deviations from the drawings and specifications.
M. Assisting OWNER in the defense or prosecution of litigation in connection with or in
addition to those services contemplated by this AGREEMENT. Such services, if any,
shall be furnished by WFN on a fee basis negotiated by the respective parties outside of
and in addition to this AGREEMENT.
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N. Providing environmental support services including the design and implementation of
ecological baseline studies, environmental monitoring, impact assessment and analyses,
permitting assistance, and other assistance required to address environmental issues.
O. Performing investigations, studies, and analysis of work proposed by construction
contractors to correct defective work.
P. Design, contract modifications, studies or analysis required to comply with local, State,
Federal or other regulatory agencies that become effective after the date of this
agreement.
Q. Services required to resolve bid protests or to rebid the projects for any reason.
R. Any services required as a result of default of the contractor(s) or the failure, for any
reason, of the contractor(s) to complete the work within the contract time.
S. Providing services after the completion of the construction phase not specifically listed in
Article 1.
T. Providing basic or additional services on an accelerated time schedule. The scope of this
service include cost for overtime wages of employees and consultants, inefficiencies in
work sequence and plotting or reproduction costs directly attributable to an accelerated
time schedule directed by the OWNER. .
U. Providing services made necessary because of unforseen, concealed, or differing site
conditions or due to the presence of hazardous substances in any form.
V. Providing services to review or evaluate construction contractor(s) claim(s), provided
said claims are supported by causes not within the control ofWFN.
W. Providing value engineering studies or reviews of cost savings proposed by construction
contractors after bids have been submitted.
X. Preparing statements for invoicing or other documentation for billing other than for the
standard invoice for services attached to this professional services agreement.
AA. Provide follow-up professional services during Contractor's warranty period.
ARTICLE III
TIME OF COMPLETION: WFN is authorized' to commence work on the Project upon
execution of this AGREEMENT and agrees to complete the services called for in Article IA
(preliminary & .Design Phases) so as to deliver completed Plans, Specifications, and Estimates of
Cost for all authorized construction of the project, within (180) calendar days thereafter. Review
periods by City, acquiring approvals and permits have not been accounted for. WFN will proceed
with the performance of the services called for in Article ill and IC (bid and construction phases)
of this agreement until completion of the Project.
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IF WFN's services are delayed or suspended in whole or in part by OWNER, or if WFN's services
are extended by the Contractor's actions or in actions for more than 90 days through no fault of
WFN, WFN shall be entitled to equitable adjustment of rates and amounts of compensation.
ARTICLE IV
RESPONSIBILITIES OF OWNER: OWNER shall perform the following in a timely manner
so as not to delay the services ofWFN:
A. Designate a person to act as OWNER's representative with respect to the services to be
rendered under this AGREEMENT. Such person shall have contract authority to transmit
instructions, receive information, interpret and define OWNER's policies and decisions
with respect to WFN's services for the Project.
B. Provide all criteria and fu]] information as to OWNER's requirements for the Project,
including design objectives and constraints, space, capacity and performance
requirements, flexibility and expandability, and any budgetary limitations; and furnish
copies of all design and construction standards which OWNER wiIl require to be
included in the drawings and specifications.
C. Assist WFN by placing at WFN's disposal all available information pertinent to the
Project including previous reports and any other data relative to design or construction of
the Project.
D. Arrange for access to and make all provisions for WFN to enter upon public and private
property as required for WFN to perform services under this AGREEMENT.
E. Examine a]] studies, reports, sketches, drawings, specifications, proposals and other
documents presented by WFN, obtain advice of an attorney, insurance counselor and
other consultants as OWNER deems appropriate for such examination and render in
writing decisions pertaining thereto within a reasonable time so as not to delay the
services ofWFN.
F. ,Provide such accounting, independent cost estimating and insurance counseling services
as may be required for the Project, such legal services as OWNER may require or WFN
may reasonably request with regard to legal issues pertaining to the Project including any
that may be raised by Contractor(s), such auditing service as OWNER may require to
ascertain how or for what purpose any Contractor has used the moneys paid under the
construction contract, and such inspection services as OWNER may require to ascertain
that Contractor(s) are complying with any law, rule, regulation, ordinance, code or order
applicable to their furnishing and performing the work.
G. OWNER shall determine, prior to receipt of construction bid, if WFN IS to furnish
Resident Project Representative service so the Bidders can be informed.
H. If OWNER designates a person to serve in the capacity of Resident Project
Representative who is not WFN or WFN's agent or employee, the duties, responsibilities
and limitations of authority of such Resident Project Representative(s) will be set forth in
an Attachment attached to and made a part of this AGREEMENT before the Construction
Phase of the Project begins. Said attachment shall also set forth appropriate
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modifications of the Construction Phase services as defined in Attachment SC, Article
IC, together with such adjustment of compensation as appropriate.
I. Attend the pre-bid conference, bid opening, preconstruction conferences, construction
progress and other job related meetings and substantial completion inspections and final
payment inspections.
J. Give prompt written notice to WFN whenever OWNER observes or otherwise becomes
aware of any development that affects the scope or timing of WFN's services, or any
defect or nonconformance of the work of any Contractor.
K. Furnish, or direct WFN to provide, Additional Services as stipulated in Attachment SC,
Article II of this AGREEMENT or other services as required.
L. Bear all costs incident to compliance with the requirements of this Article N.
ARTICLE V
DESIGNATED REPRESENTATIVES: WFN and OWNER designate the following
representatives:
Owner's Designated Representative - (Douglas Kneupper, P. E., 604 West Fairmont Parkway,
La Port, Texas 77572, (281) 471-5020)
WFN's Project Manager - (Mehran Bavarian, P.E., 2010 E. Broadway, Pearland, Texas 77581,
(281) 485-2404)
WFN's Accounting Representative - (Judy Blair, 2010 E. Broadway, Pearland, Texas 77581,
(281) 485-2404)
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ATTACHMENT CO
COMPENSATION
A. Not to Exceed: The total fees for the services rendered in the Preliminary, Design, Bid, and
Construction phases of Project as defined in Attachment SC shall be computed on the basis of the
Schedule of Charges (see Exhibit "A") but shall not exceed the following:
I. Preliminary and Design Phase (upon authorization by OWNER)
a. Basic Services: (Items A.I through A.13)
b. Additional Services:
- Topographical and Boundary Survey (Subconsultant plus 10%) (Item A.b.l)
- Geotechnical Investigation (Subconsultant plus 10%) (Item A.b.2)
- Traffic Control Plans; Signal modification plans (cost not-to-exceed)
(Items A.b.3 & 4)
- Hydraulic Impact Analysis and Report (cost not-to-exceed) (Item A.b.6)
(Excludes CLOMR)
- Design Phase reimbursable expense (cost plus 10%) (Item A.b.6)
Subtotal
2. Construction Phase (upon authorization by OWNER)
a. Bidding (Items B.a,1 through B.a.7)
b. Construction (Items B.b.1 through B.b.13)
c. Additional Services:
- Assistance in bidders pre-qualification (cost not-to-exceed) (Item B.c.1)
- Construction Phase reimbursable expense (cost plus 10%) (Item B.c.2)
Subtotal
Total fee not-to-exceed
$133,475
$ 29,590
$ 3,135
$ 13,515
$ 11,260
$ 1.320
$ 192,295
$ 2,500
$ 20,270
$ 1,995
$ 1.540
$ 26,305
$218,600
If WFN sees the Scope of Services changing so that additional services are needed other than those
listed in Scope of Services, WFN will notify OWNER for OWNER'S approval before proceeding.
Additional services shall be computed based on the Schedule of Charges. Statements for services
shall not be submitted more frequently than monthly.
B. Schedule of Charees: (See Exhibit '~" )
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A
C.NTUAY OF SEA_ICE
EXHillIT "A"
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WALSH/FREESE. NICHOLS
SCHEDULE OF CHARGES
POSITION
PRINCIPAL OF FIRM
SENIOR CONSULT ANT
OFFICE MANAGER
SENIOR PROJECT MANAGER
PROFESSIONAL ENGINEER/PROJECT MANAGER
DESIGN ENGINEER
SR. CADn DESIGNER
CADD OPERATOR
RESIDENT CONSTRUCTION INSPECTOR
CONTRACT/OPERATIONS ANALYST
WORD PROCESSING/SECRETARIAL
The ranges and individual salaries will be adjusted annually.
EXPENSES
Plottine:
Bond
Color
Vellum'
Mylar
$ 2.00 per plot
$ 3.50 per plot
$ 4.00 per plot
$10.00 per plot
Printine:
B luelines/B lacklines
Offset and Xerox Copies
Binding
Tape Binding
Computer and Cadd
PC Cad Stations $ 10.00 per hour
PC Stations $ 8.00 per hour
MIN
165
105
125
110
85
75
45
40
60
65
50
MAX
215
105
125
125
95
85
55
45
65
65
55
$0.08 per square foot
$0.07 per side copy
$2.00 per book
$1.75 per book
OTHER DIRECT EXPENSES
Other direct expenses are reimbursed at actual cost times multiplier of 1.10. They include outside printing and
reproduction expense, communication expense, travel, transportation and subsistence away from Pearland and other
miscellaneous expenses directly related to the work, including costs of laboratory analysis, tests, and other work
required to be done by independent persons other than staff members.
T:OFF9999\FN2002SchcdulcoR::hargcs. wpd
Walsh/Freese and Nichols, Inc. . Engineers .. Environmental Scientists . Architects
2010 East Broadway . Pearland, Texas . 77581-5502
281-485-2404 . Fax 281-485-4322 . www.freese.com
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AIT ACHMENT TC
8-20-96
TERMS AND CONDITIONS OF AGREEMENT
1. DEFINITIONS: The term Owner as used herein refers to the City of La Porte. Texas. The term WFN as used herein refers '
to Walsh! Freese and Nichols, Inc., its employees and agents; also its subcontractors and their employees and agents. As
used herein, Services refers to the professional services performed by Walsh! Freese and Nichols pursuant to the
AGREEMENT.
2. CHANGES: Owner, without invalidating the AGREEMENT, may order changes within the general scope of the WORK
required by the AGREEMENT by altering, adding to and/or deducting from the WORK to be performed. If any change
under this clause causes an increase or decrease in WFN's cost of, or the time required for, the performance of any part of the
Services under the AGREEMENT, an equitable adjustment will be made by mutual agreement and the AGREEMENT
modified in writing accordingly.
3. TERMINATION: The obligation to provide services under this AGREEMENT may be terminated by either party upon ten
days' written notice. In the event of termination, WFN will be paid for all services rendered and reimbursable expenses
incurred to the date of termination and, in addition, all reimbursable expenses directly attributable to termination.
4. INFORMATION FURNISHED BY OWNER: Owner will assist WFN by placing at WFN's disposal all available
information pertinent to the Project including previous reports and any other data relative to design or construction of the
Project. WFN shall have no liability for defects or negligence in the Services attributable to WFN's reliance upon or use of
data, design criteria, drawings, specifications or other information furnished by Owner. WFN shall disclose to Owner, prior
to use thereof, defects or omissions in the data, design criteria, drawings, specifications or other information furnished by
Owner to WFN that WFN may reasonably discover in its review and inspection thereof.
5. INSURANCE: WFN shall provide to Owner certificates of insurance which shall contain the following minimum coverage
(AU limits in thousands):
Commercial General Liability
General Aggregate $2,000
Workers' Compensation
Each Accident $500
Automobile Liability (Any Auto)
CSL $1,000
Professional Liability
$3,000 Annual Aggregate
7. SUBCONTRACTS: If, for any reason, at any time during the progress of providing Services, Owner determines that any
subcontractor for WFN is incpmpetent or undesirable, Owner will notify WFN accordingly and WFN shall take immediate
steps for cancellation of such subcontract. Subletting by subcontractors shall be subject to the same regulations. Nothing
contained in the AGREEMENT shall create any contractual relation between any subcontractor and Owner.
8. OWNERSHIP OF DOCUMENTS: All drawings, reports data and other project information developed in the execution
of the Services provided under this AGREEMENT shall be the property of the Owner upon payment of WFN's fees for
services. WFN may retain copies for record purposes. Owner agrees such documents are not intended or represented to be
suitable for reuse by Owner or others. Any reuse by Owner or by those who obtained said documents from Owner without
written verification or adaptation by WFN will be at Owner's sole risk and without liability or legal exposure to WFN. Any
such verification or adaptation will entitle WFN to further reasonable compensation. WFN may reuse all drawings, report
data and other project information in the execution of the Services provided under this AGREEMENT in WFN's other
activities. Any reuse by WFN will be at WFN's sole risk and without liability or legal exposure to Owner, and WFN shall
indemnify and hold hannless Owner from all claims, damages, losses and expenses including attorneys' fees arising out of
or resulting therefrom
9. POLLUTANTS AND HAZARDOUS WASTES: It is understood and agreed that WFN has neither created nor
contributed to the creation or existence of any hazardous, radioactive, toxic, irritant, pollutant, or otherwise dangerous
substance or condition at the site, if any, and its compensation hereunder is in no way commensurate with the potential risk
of injury or loss that may be caused by exposures to such substances or conditions. The parties agree that in performing the
Services required by this AGREEMENT, WFN does not take possession or control of the subject site, but acts as an invitee
in performing the services, and is not therefore responsible for the existence of any pollutant present on or migrating from
the site. Further, WFN shall have no responsibility for any pollutant during clean-up, transportation, storage or disposal
activities.
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Neither OWNER nor WFN shall assign, sublet 'or transfer any rights under or interest in (including, but without limitation,
moneys that may become due or moneys that are due) this AGREEMENT without the written consent of the other, except to
the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by
law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or
discharge the assignor from any duty or responsibility under this AGREEMENT. Nothing contained in this paragraph shall
prevent WFN from employing such independent associates and consultants as WFN may deem appropriate to assist in the
perfonnance of services hereunder.
15. PURCHASE ORDERS: Ifa Purchase Order is used to authorize WFN's Services, only the term conditions/instruction
typed on the face of the Purchase Order shall apply to this AGREEMENT. Should there be any conflict between the
Purchase Order and the tenns of this AGREEMENT, then this AGREEMENT shall prevail and shall be determinative of
the conflict.
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WALSH SURVE~G, INC.
PROFESSIONAL LAND SURVEYORS
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WILLIAM C. WALSH, P.E., R.P.L.S.
President
2006 Broadway, P.O. Box 760
PEARLAND, TEXAS 77588-0760
281/485-3991 FAX 281/485-3998
November 30, 2001
Mr. Mehran Bavarian, P.E.
Walsh/Freese-Nichols, Inc.
2010 East Broadway
Pearland, Texas 77581
Re: Canada Road, LaPorte, Texas
Dear Mr. Bavarian,
This letter is our proposal to provide surveying services to facilitate your design of
Canada Road from Fairmont Parkway to Spencer Highway in the City of LaPorte, Texas.
The route is approximately 5,000 L.F. long and will include 'H' Street (approx. 800 L.F.).
Based on our discussion and a visit to the site we understand the scope of services to
be as follows:
Phase One: Topographic Survey
1. Establish a minimum of four (4) temporary benchmarks (TBM's) along the route
based on current City of laPorte vertical control.
2. Establish a control line for the entire length of the project. This line will be
monumented for future use by the contractor during the construction phase.
3. Locate all planimetric features within the existing right-of-way. This will include, but
not be limited to all pavement, power poles, fire hydrants, meters, valves, culverts,
fences, signs, manholes, etc.
4. Establish elevations at the 100-foot stations that will extend from right-of-way to right-
of-way plus 25-feet on each side. For the portion of the project where the H.C.F.C.D.
ditch is adjacent to Canada Street the cross-sections will extend to the east side of
the ditch right-of-way.
5. Establish the rim elevation and flowline elevations of all sanitary sewer and storm
sewer manholes within the right-of-way.
6. Provide Walsh/Freese-Nichols, Inc. with the electronic data files of all of the survey
information gathered.
The cost to provide the outlined services will not exceed $15,000.00. Actual invoicing will
be based on the hourly rates in effect for the year that the project is authorized. The
survey can be completed within twenty (20) working days following written authorization
to proceed.
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Phase Two: Right-af-way Survey
The right-of-way survey will extend from Fairmont Parkway northerly to the north line of
the existing City of LaPorte 33.5 acre Park site and will also include one (1) additional
tract located south of the Texaco tract identified as the "Verkin Tracf'.
1. Research the Harris County Deed Records and obtain copies of current ownership
and easement deeds for the tracts along this portion of the project.
2. Recover existing property comer monuments.
3. Calculate the area of the individual tracts to be acquired to achieve the design right-
of-way width.
4. Set SIB-inch iron rods marking the new right-of-way lines where they intersect the
individual property lines.
5. Prepare a metes and bounds description for each of the tracts to be acquired.
6. Prepare a 1" = 100' map showing the proposed tracts to be acquired for right-of-way
widening.
7. Prepare individual maps showing the proposed right-of-way to be acquired from each
landowner.
8. Provide you with four (4) copies of the maps and descriptions and the digital drawing
on floppy disk.
The cost to provide the outlined services will not exceed $11,900.00. Actual invoicing will
be based on the hourly rates in affect for the year that this portion of the project is
authorized in. The drawings and descriptions can be provided within twenty (20) working
days after Walsh/Freese-Nichols, Inc. provides the proposed right-of-way alignment.
Mr. Bavarian, we appreciate this opportunity to be of service. Please call me if you have
any questions. We understand that the receipt of signed Subcontract Agreement Form
will serve as our authorization to proceed on both phases of this project.
1~rs truly, D, ~ 1
~ Wilson, R.P.L.S.
ice President
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January, 2001
SCHEDULE OF HOURLY RATES
Principal of Firm...... ......... ......... ............... ......... ... ............ .$100.00
Registered Professional Land Surveyor......... ... ... ... ... ... ... ...... $ 75.00
Survey Technician... ... ... ... ... ... ... ... ...... ... ... ... ... ... ... ... ... ... ....$ 55.00
CAD Operator............................................................... ...$ 50.00
Clerical........................................................................ ...$ 35.00
2-Man Survey Crew*...................................................... ...$ 85.00
3-Man Survey Crew*,................................... .,................ ...$ 95.00
4-Man Survey Crew*............... ......... ............ ......... ............ $11 0.00
GPS Crew and Equipment................................. ..Quoted as Needed
MISCELLANEOUS CHARGES
Transportation by Company Vehicle......... ......... ............... ..$O.36/mile
Delivery by Commercial Carrier... ... ... ... ...... ... ... ... ... ... ... Cost plus 10%
Non-Labor Expenses (toll phone calls, tolls, etc.)......... .....Cost plus 10%
Reproduction of Drawings......... ............... Prevailing Commercial Rates
*Survey Crew Rates include normal survey equipment and supplies. Charges are from
"portal to portalD. Abnormal use of stakes and wooden laths will be invoiced at cost plus
10%.
TO!u.y-wong ~Engineer'InC.
November 13,2001
TWEI Proposal No: POl-534
Mr. Mehran Bavarian, P.E.
WalshlFreese and Nichols
2010 East Broadway
Pearland, Texas 77581-5502
PROPOSAL FOR GEOTECHNICAL STUDY
4500 FT CANADA ROAD
CITY OF LA PORTE, TEXAS
Dear Mr. Bavarian:
We appreciate the opportunity to submit our proposal to conduct a geotechnical study for the
referenced project. The project consists of construction of a 4500 ft long Canada Road in the City of La
Porte, Texas. The existing bridge may be replaced by a box culvert or a new bridge, About 1/3 of the
existing roadway is currently paved with asphalt. The current plan calls for a new 4 lane (either divided
or undivided) concrete roadway. New storm sewers will be installed along the roadway. You provided
project details in our telephone conversation on November 12, 2001.
Scope of Services
Our scope of services covered in this proposal will consist of field exploration, laboratory testing
and the preparation of a geotechnical engineering report.
Field Exploration. We propose to drill a total of two (2) 10-ft deep soil borings along the
proposed roadway and one (1) 60-ft deep boring at the bridge location to evaluate the subsurface
conditions. A total of 80 vertical feet drilling is included. We will transport representative portions of the
recovered samples to our soil mechanics laboratory for testing. We will backfill the open boreholes with
the cuttings after obtaining water level readings, about 24 hours after completion.
Laboratorv Testine. We will perform soil mechanics laboratory tests to measure physical and
engineering properties of selected representative soil samples. The testing will generally include
measurement of the shear strength, total unit weight, in situ moisture content and plasticity characteristics
of the soils. All laboratory tests will be performed in accordance with appropriate ASTM standards. We
will keep the samples for 30 days after the final report is presented. We will discard the samples after that
time, unless instructed otherwise.
Eneineerine Report. We will prepare an engineering report that will present our findings and
provide you with geotechnical design recommendations including:
10710 S. Sam Houston Pkwy W., Suite 100, Houston, TX 77031 (713) 722-7064 Fax (713) 722-0319
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Mr. Mehran Bavarian
TWEI Proposal No.: POl-534
November 13,2001
2
· Subsurface stratigraphy and groundwater conditions
· Site preparation and fill requirements
· Bridge foundation design
.. Foundation settlement estimates
G Storm sewer bedding and backfill criteria
o Retention criteria and groundwater control
G Box culvert excavation and lateral earth pressures, if required
o Pavement subgrade preparation
o Pavement design
Bud2et
Our lump sum cost for the above described services is $2,850 and will not be exceeded without
your prior written authorization. The cost for the geotechnical study assumes that ingress and egress to
the site are provided by others.
Schedule
We can mobilize our field crew within two to three days after authorization. We can complete
the field work in one to two days and issue our geotechnical report within about seven to ten working
days after the field work. We can furnish you with verbal preliminary information upon completion of
the field work and laboratory testing.
Acceptance of Proposal
If you accept our proposal, please sign below and return one copy to us. The general terms and
conditions are presented in Exhibit A.
--
-
Mr. Mehran Bavarian
TWEI Proposal No.: POl-534
November 13,2001
3
Closine: Remarks
Again, we would like to express our appreciation for the opportunity to submit this proposal and
look forward to serving you on this project.
Attachment: Exhibit A
DOW:be
Accepted by:
Name:
Date:
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EXHIBIT A
TERMS FOR GEOTECHNICAL ENGINEERING SERVICES
THE AGREEMENT
This AGREEMENT is made by and between TOLUNA Y -WONG ENGINEERS, INC., hereinafter referred to as GEOTECHNICAL
ENGINEER, and the CLIENT of the attached PROPOSAL. This AGREEMENT between the parties consists of these TERMS, the
attached PROPOSAL and any exhibits or attachments noted in the PROPOSAL will constitute the entire AGREEMENT. Any
changes to this AGREEMENT must be mutually agreed to in writing.
STANDARD OF CARE
The CLIENT recognizes that subsurface conditions vary from those observed at locations where borings, surveys, or explorations are
made, and that site conditions may change with time. Data, interpretations, and recommendations by the GEOTECHNICAL
ENGINEER will be based solely on information available to the GEOTECHNICAL ENGINEER. The GEOTECHNICAL
ENGINEER is responsible for those data, interpretations, and recommendations, but will not be responsible for other parties'
interpretations or use of the information developed.
Services performed by the GEOTECHNICAL ENGINEER under this AGREEMENT are expected by the CLIENT to be conducted in
a manner consistent with the level of care and skill ordinarily exercised by members of the engineering profession practicing
contemporaneously under similar conditions in the locality of the project. No other warranty, expressed or implied, is made.
SITE ACCESS AND SITE CONDITIONS
CLIENT will grant or obtain free access to the site for all equipment and personnel necessary for the GEOTECHNICAL ENGINEER
to perform the work set forth in this AGREEMENT. The CLIENT will notify any and all possessors ofthe project site that CLIENT
has granted GEOTECHNICAL ENGINEER free access to the site. The GEOTECHNICAL ENGINEER will take reasonable
precautions to minimize damage to the site, but it is understood by CLIENT that, in the normal course of work, some damage may
occur and the correction of such damage is not part of this AGREEMENT unless so specified in the PROPOSAL.
SAMPLE DISPOSAL
The GEOTECHNICAL ENGINEER will dispose of all soil and rock samples 30 days after submission of report covering those
samples. Further storage or transfer of samples can be made at Client's expense upon CLIENT'S prior written request All hazardous
materials will be returned to CLIENT for disposal, unless other arrangements have been made by CLIENT.
CONSTRUCTION MONITORING
If the GEOTECHNICAL ENGINEER is retained by the CLIENT to provide a site representative for the purpose of monitoring
specific portions of the construction work as set forth in the PROPOSAL then this phrase applies. For the specified assignment, the
GEOTECHNICAL ENGINEER will report observations and professional opinions to the CLIENT. No action of the
GEOTECHNICAL ENGINEER or GEOTECHNICAL ENGINEER's site representative can be construed as altering my
AGREEMENT between the CLIENT and others. The GEOTECHNICAL ENGINEER will report any observed work to the CLIENT
which, in the GEOTECHNICAL ENGINEER's professional opinion, does not conform with plans and specifications. The
GEOTECHNICAL ENGINEER has no right to reject or stop work of any agent of the CLIENT. Such rights are reserved solely for
the CLIENT. Furthermore, the GEOTECHNICAL ENGINEER's presence on site does not in any way guarantee the completion or
qual.ity of the performance of the work of any party retained by the CLIENT to provide construction related services.
The GEOTECHNICAL ENGINEER will not be responsible for and will not have control or charge of specific means, methods,
techniques, sequences or procedures of construction selected by any agent or AGREEMENT ofthe CLIENT, or safety precautions
and programs inc"ident thereto.
BILLING AND PAYMENT
CLIENT will pay GEOTECHNICAL ENGINEER the lump sum amount indicated in the PROPOSAL or, ifno lump sum amount is
indicated, in accordance with the Schedule of Fees, as shown in the PROPOSAL and its attachments. Invoices will be submitted to
CLIENT by GEOTECHNICAL ENGINEER, and will be due and payable upon presentation. If CLIENT objects to all or any portion
of any invoice, CLIENT will so notify GEOTECHNICAL ENGINEER in writing within fourteen (14) calendar days of the invoice
date, identify the cause of disagreement, any pay when due that portion of the invoice not in dispute. The parties will immediately
make every effort to settle the disputed portion of the invoice. In the absence of written notification described above, the balance as
stated on the invoice will be paid.
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Invoices are delinquent ifpayment has not been received within thirty (30) days from date of invoice. CLIENT will pay an additional
charge of 1-1/2 (1.5) percent per month (or the maximum percentage allowed by law, whichever is lower) on any delinquent amount,
excepting any portion ofthe invoiced amount in dispute and resolved in favor of CLIENT. Payment thereafter will ftrst be applied to '
accrued interest and then to the principal unpaid amount. All time spent and expenses incurred (including any attorney's fees) in
connection with collection of any delinquent amount will be paid by the CLIENT to GEOTECHNICAL ENGINEER per
GEOTECHNICAL ENGINEER's current fee schedule. In the event CLIENT fails to pay GEOTECHNICAL ENGINEER within
sixty (60) days after invoices are rendered, CLIENT agrees that GEOTECHNICAL ENGINEER will have the right to consider the
failure to pay the GEOTECHNICAL ENGINEER's invoice as a breach of this AGREEMENT.
TERMINATION
The AGREEMENT may be terminated by either party seven (7) days after written notice. In the event of termination,
GEOTECHNICAL ENGINEER will be paid for services performed prior to the date of termination.
INDEMNIFICATION
Except for the gross negligence or intentional misconduct of the GEOTECHNICAL ENGINEER, CLIENT will indemnify and hold
the GEOTECHNICAL ENGINEER hannless from any claim by or liability from a third party for injury or loss, arising out of the
GEOTECHNICAL ENGINEER's performance ofthe services described in this AGREEMENT. This indemnity shall not limit, restrict
or prevent CLIENT from asserting any claims for liability against the GEOTECHNICAL ENGINEER, under anyone or more theories
ofrecovery, including breach of contract, negligence, strict or statutory liability or any other cause ofaction
LIMITATION OF LIABILITY
The CLIENT will limit any and all liability or claim for damages, cost of defense; or expenses to be levied against
GEOTECHNICAL ENGINEER to a sum not to exceed $50,000, or the amount of his fee, whichever is greater, on account of
any design defect, error, omission, or professional negligence. The CLIENT agrees to notify any contractor who perform work
in connection with the study prepared by the GEOTECHNICAL ENGINEER of such limitation of liability and require a like
limitation on their part in favor of the GEOTECHNICAL ENGINEER. In the event the CLIENT fails to obtain a like
limitation of liability provision, the liability ofthe CLIENT and the GEOTECHNICAL ENGINEER to such contractor shall be
allocated between the CLIENT and the GEOTECHNICAL ENGINEER such that the aggregate liability of the
GEOTECHNICAL ENGINEER to all parties, inc:luding the CLIENT, shall not to exceed $50,000 or the amount of the
GEOTECHNICAL ENGINEER's fee, whichever is greater. The GEOTECHNICAL ENGINEER makes no warranties, either
expressed or implied, except as set forth above.
DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS
CLIENT warrants a reasonable effort to inform GEOTECHNICAL ENGlNEER of known or suspected hazardous materials on or near
the project site.
Hazardous materials may exist at a site where there is no reason to believe they could or should be present. GEOTECHNICAL
ENGINEER and CLIENT agree that the discovery of hazardous materials constitutes a changed condition mandating a renegotiation
of the scope of work or termination of services. GEOTECHNICAL ENGINEER and CLIENT also agree that the discovery of
hazardous materials may make it necessary for GEOTECHNICAL ENGINEER to take immediate measures to protect health and
safety. CLIENt agrees to compensate GEOTECHNICAL ENGINEER for any equipment decontamination or other costs incident to
the discovery of hazardous waste.
GEOTECHNICAL ENGINEER agrees to notify CLIENT whcn hazardous materials or suspected hazardous materials are
encountered. CLIENT agrees to make any disclosures required by law to the appropriate governing agencies. CLIENT also agrees to
hold GEOTECHNICAL ENGINEER harmless for any and all consequences of disclosure made by GEOTECHNICAL ENGINEER
which are required by governing law. In the event the project site is not owned by CLIENT, CLIENT recognizes that it is the
CLIENT's responsibility to inform the property owner ofthe discovery of hazardous materials or suspected hazardous materials.
Not withstanding any other provisions ofthe AGREEMENT, CLIENT waives any claim against GEOTECHNICAL ENGINEER, and
to the maximum extent permitted by law, agrees to defend, indemnify, and save GEOTECHNICAL ENGINEER hannless from any
claim, liability, and/or defense costs for injury or loss arising from GEOTECHNICAL ENGlNEER's discovery of hazardous materials
or suspected hazardous materials including any costs created by delay of the project and any costs associated with possible reduction
of the property's value. CLIENT will be responsible for ultimate disposal of any samples secured by the GEOTECHNICAL
ENGINEER whic~ are found to be contaminated.
GOVERNING LAW AND SURVIVAL
The law of the State of Texas will govern the validity of these TERMS, their interpretation and performance.
If any ofthe provisions contained in this AGREEMENT are held illegal, invalid, or unenforceable, the enforceability of the remaining
provisions will not be impaired. Limitations ofliability and indemnities will survive termination of the AGREEMENT for any cause.
Page 2 of2
WALSH SURVE~NG, INC.
PROFESSIONAL LAND SURVEYORS
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WILLIAM C. WALSH, P.E., R.P.L.S.
President
2006 Broadway, P.O. Box 760
PEARLAND, TEXAS 77588.0760
281/485-3991 FAX 281/485.3998
November 30,2001
Mr. Mehran Bavarian, P.E.
Walsh/Freese-Nichols, Inc.
2010 East Broadway
Pearland, Texas 77581
Re: Canada Road, LaPorte, Texas
Dear Mr. Bavarian,
This letter is our proposal to provide surveying services to facilitate your design of
Canada Road from Fairmont Parkway to Spencer Highway in the City of laPorte, Texas.
The route is approximately 5,000 L.F. long and will include 'H' Street (approx. 800 L.F.).
Based on our discussion and a visit to the site we understand the scope of services to
be as follows:
Phase One: Topographic Survey
1. Establish a minimum of four (4) temporary benchmarks (TBM's) along the route
based on current City of LaPorte vertical control.
2. Establish a control line for the entire length of the project. This line will be
monumented for future use by the contractor during the construction phase.
3. Locate all planimetric features within the existing right-of-way. This will include, but
not be limited to all pavement, power poles, fire hydrants, meters, valves, culverts,
fences, signs, manholes, etc.
4. Establish elevations at the 100-foot stations that will extend from right-of-way to right-
of-way plus 25-feet on each side. For the portion of the project where the H.C.F.e.D.
ditch is adjacent to Canada Street the cross-sections will extend to the east side of
the ditch right-of-way.
5. Establish the rim elevation and flowline elevations of all sanitary sewer and storm
sewer manholes within the right-of-way.
6. Provide. Walsh/Freese-Nichols, Inc. with the electronic data files of all of the survey
information gathered.
The cost to provide the outlined services will not exceed $15,000.00. Actual invoicing will
be based on the hourly rates in effect for the year that the project is authorized. The
survey can be completed within twenty (20) working days following written authorization
to proceed.
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Phase Two: Right-of-way Survey
The right-of-way survey will extend from Fairmont Parkway northerly to the north line of
the existing City of LaPorte 33.5 acre Park site and will also include one (1) additional
tract located south of the Texaco tract identified as the "Verkin Tract".
1. Research the Harris County Deed Records and obtain copies of current ownership
and easement deeds for the tracts along this portion of the project.
2. Recover existing property comer monuments.
3. Calculate the area of the individual tracts to be acquired to achieve the design right-
of-way width.
4. Set SIB-inch iron rods marking the new right-of-way lines where they intersect the
individual property lines.
5. Prepare a metes and bounds description for each of the tracts to be acquired.
6. Prepare a 1" = 100' map showing the proposed tracts to be acquired for right-of-way
widening.
7. Prepare individual maps showing the proposed right-of-way to be acquired from each
landowner.
8. Provide you with four (4) copies of the maps and descriptions and the digital drawing
on floppy disk.
The cost to provide the outlined services will not exceed $11,900.00. Actual invoicing will
be based on the hourly rates in affect for the year that this portion of the project is
authorized in. The drawings and descriptions can be provided within twenty (20) working
days after Walsh/Freese-Nichols, Inc. provides the proposed right-of-way alignment.
Mr. Bavarian, we appreciate this opportunity to be of service. Please call me if you have
any questions. We understand that the receipt of signed Subcontract Agreement Form
will serve as our authorization to proceed on both phases of this project.
1~rs truly, 0, uJ-1
~ Wilson, R.P.L.S.
ice President
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January, 2001
SCHEDULE OF HOURLY RATES
Principal of Firm............................................................... .$100.00
Registered Professional Land Surveyor...... ... ... ...... ...... ... ... ... $ 75.00
Survey Technician.............................................................$ 55.00
CAD Operator........................... ............ ...... ... ............... ... $ 50.00
Clerical.................. .............................. ...... ............... ...... $ 35.00
2-Man Survey Crew....................................................... ...$ 85.00
3-Man Survey Crew..................................... .,................ ...$ 95.00
4-Man Survey Crew....................................................... ...$110.00
GPS Crew and Equipment........................ .~....... ..Quoted as Needed
MISCELLANEOUS CHARGES
Transportation by Company Vehicle............ .................. .....$O.36/mile
Delivery by Commercial Carrier... .................. ............... Cost plus 10%
Non-Labor Expenses {toll phone calls, tolls, etc.)...... ........Cost plus 10%
Reproduction of Drawings........................ Prevailing Commercial Rates
.Survey Crew Rates include normal survey equipment and supplies. Charges are from
"portal to portal". Abnormal use of stakes and wooden laths will be invoiced at cost plus
10%.
TOl_ay-Wong ~Enginee".InC'
November 13,2001
TWEI Proposal No: POl-534
Mr. Mehran Bavarian, P.E.
Walsh/Freese and Nichols
2010 East Broadway
Pearland, Texas 77581-5502
PROPOSAL FOR GEOTECHNICAL STUDY
4500 FT CANADA ROAD
CITY OF LA PORTE, TEXAS
Dear Mr. Bavarian:
We appreciate the opportunity to submit our proposal to conduct a geotechnical study for the
referenced project. The project consists of construction of a 4500 ft long Canada Road in the City of La
Porte, Texas. The existing bridge may be replaced by a box culvert or a new bridge, About 1/3 of the
existing roadway is currently paved with asphalt. The current plan calls for a new 4 lane (either divided
or undivided) concrete roadway. New storm sewers will be installed along the roadway. You provided
project details in our telephone conversation on November 12, 2001.
Scope of Services
Our scope of services covered in this proposal will consist of field exploration, laboratory testing
and the preparation of a geotechnical engineering report.
Field Exploration. We propose to drill a total of two (2) 10-ft deep soil borings along the
proposed roadway and one (1) 60-ft deep boring at the bridge location to evaluate the subsurface
conditions. A total of 80 vertical feet drilling is included. We will transport representative portions of the
recovered samples to our soil mechanics laboratory for testing. We will backfill the open boreholes with
the cuttings after obtaining water level readings, about 24 hours after completion.
Laboratorv Testine:. We will perform soil mechanics laboratory tests to measure physical and
engineering properties of selected representative soil samples. The testing will generally include
measurement of the shear strength, total unit weight, in situ moisture content and plasticity characteristics
of the soils. All laboratory tests will be performed in accordance with appropriate ASTM standards. We
will keep the samples for 30 days after the final report is presented. We will discard the samples. after that
time, unless instructed otherwise.
Ene:ineerine: Report. We will prepare an engineering report that will present our findings and
provide you with geotechnical design recommendations including:
10710 S. Sam Houston Pkwy w., Suite 100. Houston, TX 77031 (713) 722-7064 Fax (713) 722-0319 .
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Mr. Mehran Bavarian
TWEI Proposal No.: POI-534
November 13,2001
2
· Subsurface stratigraphy and groundwater conditions
III Site preparation and fill requirements
(J Bridge foundation design
CIl Foundation settlement estimates
o Storm sevver bedding and backfill criteria
o Retention criteria and groundwater control
o Box culvert excavation and lateral earth pressures, if required
o Pavement sub grade preparation
o Pavement design
Budl!et
Our lump sum cost for the above described services is $2,850 and will not be exceeded without
your prior written authorization. The cost for the geotechnical study assumes that ingress and egress to
the site are provided by others.
Schedule
We can mobilize our field crew within two to three days after authorization. We can complete
the field work in one to two days and issue our geotechnical report within about seven to ten working
days after the field work. We can furnish you with verbal preliminary information upon completion of
the field work and laboratory testing.
Acceptance of Proposal
If you accept our proposal, ple.ase sign below and return one copy to us. The general terms and
conditions are presented in Exhibit A.
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Mr. Mehran Bavarian
TWEI Proposal No.: POI-534
November 13,2001
3
Closine: Remarks
Again, we would like to express our appreciation for the opportunity to submit this proposal and
look forward to serving you on this project.
Attachment: Exhibit A
DOW:be
Accepted by:
Name:
Date:
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EXHIBIT A
TERMS FOR GEOTECHNICAL ENGINEERING SERVICES
THE AGREEMENT
This AGREEMENT is made by and between TOLUNA Y - WONG ENGINEERS, INC., hereinafter referred to as GEOTECHNICAL
ENGINEER, and the CLIENT ofthe attached PROPOSAL. This AGREEMENT between the parties consists ofthese TERMS, the
attached PROPOSAL and any exhibits or attachments noted in the PROPOSAL will constitute the entire AGREEMENT. Any
changes to this AGREEMENT must be mutually agreed to in writing.
STANDARD OF CARE
The CLIENT recognizes that subsurface conditions vary from those observed at locations where borings, surveys, or explorations are
made, and that site conditions may change with time. Data, interpretations, and recommendations by the GEOTECHNICAL
ENGINEER will be based solely on information available to the GEOTECHNICAL ENGINEER. The GEOTECHNICAL
ENGINEER is responsible for those data, interpretations, and recommendations, but will not be responsible for other parties'
interpretations or use of the information developed.
Services performed by the GEOTECHNICAL ENGINEER under this AGREEMENT are expected by the CLIENT to be conducted in
a manner consistent with the level of care and skill ordinarily exercised by members of the engineering profession practicing
contemporaneously under similar conditions in the locality of the project. No other warranty, expressed or implied, is made.
SITE ACCESS AND SITE CONDITIONS
CLIENT will grant or obtain free access to the site for all equipment and personnel necessary for the GEOTECHNICAL ENGINEER
to perform the work set forth in this AGREEMENT. The CLIENT will notify any and all possessors ofthe project site that CLIENT
has granted GEOTECHNICAL ENGINEER free access to the site. The GEOTECHNICAL ENGINEER will take reasonable
precautions to minimize damage to the site, but it is understood by CLIENT that, in the normal course of work, some damage may
occur and the correction of such damage is not part of this AGREEMENT unless so specified in the PROPOSAL.
SAMPLE DISPOSAL
The GEOTECHNICAL ENGINEER will dispose of all soil and rock samples 30 days after submission of report covering those
samples. Further storage or transfer of samples can be made at Client's expense upon CLIENT'S prior written request. All hazardous
materials will be returned to CLIENT for disposal, unless other arrangements have been made by CLIENT.
CONSTRUCTION MONITORING
If the GEOTECHNICAL ENGINEER is retained by the CLIENT to provide a site representative for the purpose of monitoring
specific portions ofthe construction work as set forth in the PROPOSAL then this phrase applies. For the specified assignment, the
GEOTECHNICAL ENGINEER will report observations and professional opinions to the CLIENT. No action of the
GEOTECHNICAL ENGINEER or GEOTECHNICAL ENGfNEER's site representative can be construed as altering my
AGREEMENT between the CLIENT and others. The GEOTECHNICAL ENGINEER will report any observed work to the CLIENT
which, in the GEOTECHNICAL ENGINEER's professional' opinion, does not conform with plans and specifications. The
GEOTECHNICAL ENGINEER has no right to reject or stop work of any agent of the CLIENT. Such rights are reserved solely for
the CLrENT. Furthermore, the GEOTECHNICAL ENGINEER's presence on site does not in any way guarantee the completion or
quality of the performance of the work of any party retained by the CLIENT to provide construction related services.
The GEOTECHNICAL ENGINEER will not be responsible for and will not have control or charge of specific means, methods,
techniques, sequences or procedures of construction selected by any agent or AGREEMENT of the CLIENT, or safety precautions
and programs incident thereto.
BILLING AND PAYMENT
CLIENT will pay GEOTECHNICAL ENGINEER the lump sum amount indicated in the PROPOSAL or, ifno lump sum amount is
indicated, in accordance with the Schedule of Fees, as shown in the PROPOSAL and its attachments. Invoices will be submitted to
CLIENT by GEOTECHNICAL ENGINEER, and will be due and payable upon presentation. If CLIENT objects to all or any portion
of any invoice, CLIENT will so notify GEOTECHNICAL ENGINEER in writing within fourteen (14) calendar days of the invoice
date, identify the cause of disagreement, any pay when due that portion of the invoice not in dispute. The parties will immediately
make every effort to settle the disputed portion ofthe invoice. In the absence of written notification described above, the balance as
stated on the invoice will be paid. '
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Invoices are delinquent ifpayment has not been received within thirty (30) days from date ofinvoice, CLIENT will pay an additional
charge of 1-1/2 (1.5) percent per month (or the maximum percentage allowed by law, whichever is lower) on any delinquent amount,
excepting any portion of the invoiced amount in dispute and resolved in favor of CLIENT. Payment thereafter will first be applied to
accrued interest and then to the principal unpaid amount. All time spent and expenses incurred (including any attorney's fees) in
connection with collection of any delinquent amount will be paid by the CLIENT to GEOTECHNICAL ENGINEER per
GEOTECHNICAL ENGINEER's current fee schedule. In the event CLIENT fails to pay GEOTECHNICAL ENGINEER within
sixty (60) days after invoices are rendered, CLIENT agrees that GEOTECHNICAL ENGINEER will have the right to consider the
failure to pay the GEOTECHNICAL ENGINEER's invoice as a breach of this AGREEMENT.
TERMINATION
The AGREEMENT may be terminated by either party seven (7) days after written notice. In the event of termination,
GEOTECHNICAL ENGINEER will be paid for services performed prior to the date of termination.
INDEMNIFICATION
Except for the gross negligence or intentional misconduct of the GEOTECHNICAL ENGINEER, CLIENT will indemnify and hold
the GEOTECHNICAL ENGINEER harmless from any claim by or liability from a third party for injury or loss, arising out of the
GEOTECHNICAL ENGINEER's performance of the services described in this AGREEMENT. This indemnity shall not limit, restrict
or prevent CLIENT from asserting any claims for liability against the GEOTECHNICAL ENGINEER, under anyone or more theories
of recovery, including breach of contract, negligence, strict or statutory liability or any other cause of action
LIMITATION OF L.IABILITY
The CLIENT will limit any and all liability or claim for damages, cost of defense, or expenses to be levied against
GEOTECHNICAL ENGINEER to a sum not to exceed 550,000, or the amount of his fee, whichever is greater, on account of
any design defect, error, omission, or professional negligence. The CLIENT agrees to notify any contractor who perform work
in cODoection with the study prepared by the GEOTECHNICAL ENGINEER ofsuch limitation of liability and require a like
limitation on their part in favor of the GEOTECHNICAL ENGINEER. In the event the CLIENT fails to obtain a like
limitation of liability provision, the liability of the CLIENT and the GEOTECHNICAL ENGINEER to such contractor shall be
allocated between the CLIENT and the GEOTECHNICAL ENGINEER such that the aggregate liability of the
GEOTECHNICAL ENGINEER to all parties, including the CLIENT, shall not to exceed 550,000 or the amount of the
GEOTECHNICAL ENGINEER's fee, whichever is greater. The GEOTECHNICAL ENGINEER makes no warranties, either
expressed or implied, except as set forth above.
DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS
CLIENT warrants a reasonable effort to inform GEOTECHNICAL ENGINEER of known or suspected hazardous materials on or near
the project site.
Hazardous materials may exist at a site where there is no reason to believe they could or should be present. GEOTECHNICAL
ENGINEER and CLIENT agree that the discovery of hazardous materials constitutes a changed condition mandating a renegotiation
of the scope of work or termination of services. GEOTECHNICAL ENGINEER and CLIENT also agree that the discovery of
hazardous materials may make it necessary for GEOTECHNICAL ENGINEER to take immediate measures to protect health and
safety. CLIENT agrees to compensate GEOTECHNICAL ENGINEER for any equipment decontamination or other costs incident to
the discovery of hazardous waste.
GEOTECHNICAL ENGINEER agrees to notify CLIENT when hazardous materials or suspected hazardous materials are
encountered. CLlENT agrees to make any disclosures required by law to the appropriate governing agencies. CLIENT also agrees to
hold GEOTECHNICAL ENGINEER harmless for any and all consequences of disclosure made by GEOTECHNICAL ENGINEER
which are required by governing law. In the event the project site is not owned by CLIENT, CLIENT recognizes that it is the
CLIENT's responsibility to inform the property owner of the discovery of hazardous materials or suspected hazardous materials.
Not withstanding any other provisions ofthe AGREEMENT, CLlENT waives any claim against GEOTECHNICAL ENGINEER, and
to the maximum extent permitted by law, agrees to defend, indemnify, and save GEOTECHNICAL ENGINEER harmless from any
claim, liability, and/or defense costs for injury or loss arising from GEOTECHNICAL ENGINEER's discovery of hazardous materials
or suspected hazardous materials including any costs created by delay ofthe project and any costs associated with possible reduction
of the property's value. CLIENT will be responsible for ultimate disposal of any samples secured by the GEOTECHNICAL
ENGINEER which are found to be contaminated.
GOVERNING LAW AND SURVIVAL
The law of the State of Texas will govern the validity of these TERMS, their interpretation and performance.
If any ofthe provisions contained in this AGREEMENT are held illegal, invalid, or unenforceable, the enforceability of the remaining
provisions will not be impaired. Limitations of liability and indemnities will survive termination of the AGREEMENT for any cause.
Page 2 of2
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ORDINANCE NO. 2001- ~53~
AN ORDINANCE RATIFYING AND CONFIRMING THE EMPLOYMENT OF ABRAMS
SCOTT & BICKLEY, ATTORNEYS AT LAW, TO REPRESENT THE CITY OF LA
PORTE AS SPECIAL COUNSEL ON MATTERS RELATING TO THE CONTRACT
BETWEEN THE CITY OF LA PORTE AND R.T.G. BUILDING COMPANY, ON THE
CITY HALL EXPANSION PROJECT, MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance.
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.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 10th day of December, 2001,
By:
CITY OF LA PORTE
4ft~
Mayor
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ORDINANCE NO. 2001- ~5'3?-
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PASSED AND APPROVED, this 10th day of December, 2001.
ATTEST:
~1i1i/;d/ 4 d.4d
Mart a A. Gillett
City Secretary
Knox W. Askins
City Attorney
CITY OF LA PORTE
~~
By:
Mayor
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ASKINS & ARMSTRONG, P. C.
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P.O. BOX 1218
LA PORTE. TEXAS 77572-1218
KNOX W. ASKINS
.JOHN D. ARMSTRONG
TELEPHONE 281 471-1886
TELECOPIER 281 471-2047
CHARLES R. HUBER. .JR.
BOARO CERTIF'IEO . CIVIL TRIAL LAW
TEXAS BOARD QF' LEGAL SPECIALIZATION
CLARK T. ASKINS
December 4, 2001
Hon. Mayor & City Council
city of La Porte
City Hall
La Porte, Texas
Gentlemen:
R.T.G. Building Company, the first contractor on the City Hall
expansion project, defaulted, and its contract was terminated by
the City.
city Council subsequently re-Iet the contract to the second high
bidder, and the City is now involved in an arbitration proceeding
with the first contractor. The City has requested Barry Abrams and
Susan Bickley, of the Houston firm, Abrams, Scott & Bickley, to
represent it in the arbitration proceedings.
The attached ordinance ratifies
Abrams, Scott & Bickley, on this
and confirms the employment of
matter.
Y~ery trulY,. 1.
~7da;L~
Knox W. Askins
City Attorney
City of La Porte
KWA: sw
Attachment
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: December 10. 2001
Requested By: S. Gillett ~~
Department: Public Works
Appropriation
Source of Funds: N/A
Account Number: N/A
Report: X Resolution:
Ordinance:
Amount Budgeted: N/A
Exhibits:
Sublease A2reement
Amount Requested:
N/A
Exhibits:
Budgeted Item: N/A
Exhibits:
SUMMARY & RECOMMENDATION
The City of La Porte leases property to Tri-Star Aviation, Inc. at the La Porte Municipal Airport.
Tri-Star has requested that the City approve a Sublease Agreement between Tri-Star and Rick
Williams/Rickster Hangar to operate a restaurant in an existing hanger owned by Tri-Star. The
City Council considered the concept of a restaurant on the Airport at a workshop on September
24, 200 I, and approved a Beer and Wine Permit on October 22, 2001.
The Lease Agreement between the City of La Porte and Tri-Star Aviation, Inc. requires the
approval of the City to sublease. The Attached Sublease Agreement, if approved, will allow
Rickster Hangar to acquire a building permit to modify the existing structure to conform with
building and health codes, and permit the operation of a restaurant on leased property at the La
Porte Municipal Airport.
Action Required bv Council: Approve the Sublease Agreement between Tri-Star Aviation Inc.
and Rick Williams/Rickster Hangar for the operation of a restaurant on the La Porte Municipal
Airport.
Approved for City Council Aeenda
G~ T. U~
Robert T, Herrera, City Manager
It...y.O(
Date
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SUBLEASE AGREEMENT
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THE STATE OF TEXAS ~
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COUNTY OF HARRIS ~
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KNOW All MEN BY THESE PRESENTS:
This sublease Agreement entered into by and between Tri-Star Aviation Inc. of Harris
County, Texas, hereinafter called lessor, and Rick WilliamslRickster Han.gar, hereafter
called lessee (whether one or more)., whereas, the city of La porte leases the premises
and facilities.to Tri-Star Aviation, as identified in that Agreement and lease for Fixed
Base Operatio':1 dated January 1, 1985, and WHEREAS, Tri-Star Aviation desires to
lease a portion of that .facility .to Rick WilliamslRickster Hanger,
WITNESSETH:
Article I
lessor hereby leases, demises and lets unto lessee the following premises, a building
containing approximately 48.00 feet, in the city of la Porte, Texas, (hereinafter
sometimes called demised) at 1.0615 % W. main St. la Porte, Harris county, Texas, to
be used and occupied .for the pUfposeo.f operating a restaurant.
Article II
TERM OF lEASE. The term of this lease is for a,period of two 1-2tyears bej;Jinning
Jan.1st 2.0.02 and expiring twentyJour (24) months later.on.December.31,.2.oo.3,.however,
lessee may take possession of the premises on the execution date of this lease.
Article III
RENTAL. As rental for the use of the leased premises, lessee agrees to pay to lessor
rental to'be computed as follows:
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(a) A minimum guaranteed annual rental of $16,2.0.0..0.0 per year payable in monl'f1I~...
installments of $1,2.on..QOJar.1ir.s.t..soc.m.o.nths..and...$.t,.5DO..DD .for.remainder ..of..tbe.Jease
payable on the first day of each month in advance during the lease term. The first
month's rental installment shall be due and payable upon execution of this agreement,
Also in addition to any other rent, Tenant will pay, on or before the 10th day of each
month, percentage rent that is equal to 5% multiplied by tenant's gross sales in the
previous month that exceed $1,2000..00 after completion of first year.
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(b) In the event any rental installment shall become overdu~J a late chame of FIFTY
AND NOI1.o.o ($5.0..00) Dollars per day for each day the payment is late may be charged
by the lessor for the purpose of defraying the expense incident to handling such
payments.
(c) It is specially agreed and understood that ~essee's agreement to pay rent for the
leased premises shall in no way constitute the Lessor a partner in the enterprise of
business of Lessee, or make lessor in any way responsible for the operation and
liabilities of Lessee, or give lessor aoy control of the business or enterprise of Les.s_ee
conducted on such leased premises.
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(d) All rents as well as other sums due or to become due Lessor hereunder shall be
payable to Lessor, P.O. box 1788, La Porte Texas 77571, or at such other place as
lessor may from time to time designate by written notice to the Lessee.
Article IV
SECURITY DEPOSIT. Lessor herewith acknowledges receipt of lWELVE HUNDRED
AND NOnOO (1200.00) DOLLARS, which he is to retain as a security deposit for
Lessee's faithful performance of this le.as.e" .Les.sor is .not obligated to awly the .de..posU
on rents or other charges as in arrear~ or on damages for Lessee's failure to perform the
lease. However, Lessor may so ap.ply. the security at his .option, and his rjghUo
possession of the premises.for nonpayment of rent or for any other shall not in any event
be affected by reason of the.fact that he holds the security deposit. The security d.e"p.osit,
if not applied toward payment of arrearages or damages as herein provided, is to be
returned t~.l.essee wb.enJhis.lease is terminated..Jaf.ter.J..e.s.seebas.Jlacated...tbe
premises and delivered possession to Lessor.
If Lessor rlW..o.s..sesses the-PI.e.mi.s.e.sl>..ecau.5e.-aJ_tbe Lessee.:s...delauJt.oIl>r.e.acb...be.may
apply the djeposit on all damages suffered to the date of the repossession and may
retain the ~nder to appJy..on...s.uch.J:famage..s..as..rnay...b.e..suffere.d .thereafter..b.y, re~SOI]
of default or breach. Lessor shall not be obliged to keep the security as a separate fund,
but may mix it with his own.funds.
Article V
USE OF I;REMISES. The..premises. covere..d_b.y.JblsJ.ease... durillg.tbe~ontinuance..ofJhjs
lease, shall be used by Lessee as set out in paragraph (1) hereinabove and for no other
purpose without the consent of Lessor. The Lessee shall comply promptly with all
statutes, ordinances, lawful orders and regulations of every governmental authority
affecting ~e use by Lessee..ofJheJde.mi.sed.'premises._ao.d..s.haILp~.aILpe.rm.iUe.es .and
expenses Incurred thereby. Lessee may install all equipment necessary to operate '
Lessee'S t?usiness.
Article VI
DISPLAY OE.SIGNS. Les.s.e.e_ma,y...ere.ct..and..maintain-Signs..on the .premise.s.,..s.ubjecUo
the prior vCritten approval of lessor and the city of La Porte with respect to size, type,
shape an~ ..design, whicb..approwLsb.aUMlb.e--Ul1l:aas.aoably..wj1hheJd...aruts.ubjectalso
to compliance with and applicable legal requirements or regulations. Lessee shall pay
any fee, ta,x...or..o.ther charge at anytime imposed by..aoy...gowmmentaJ authority. on the
signs pro~ded for in this article.
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Article VII
CARE OF PREMISES. Lessee shall not perform any acts or carry on any
practices which may injure the building or be a nuisance or menace to the public and
shall keep the premises under lessee's control, including the sidewalks adjacent to the
premises, clean and free from rubbish and dirt at all times, and shall store all trash and
garbage within the lea~ed premises and arrange for the regular pick up of such trash
and lessee shall not use or permit the use of any portion of said premises as sleeping
apartments, lodging rooms, or for any unlawful purpose or purposes.
Article VIII
MAINTENANCE. Lessor shall keep the foundation, exterior structure and roof of
the leased premises in as good repair as it exits at the beginning of this lease. Lessor
shall not be called upon to make any other improvements or repairs of any kind upon
said premises, and said premises shall at all times be kept in good order, condition and
repair by lessee. The premises shall also be kept in a clean, sanitary and safe condition
in accordance with the laws of the State of Texas, and in accordance with all directions,
rules and regulations of the heath officer, fire marshal, building inspector or other
property officers of governmental agencies having jurisdiction. The Lessee shall replace
all broken windows and glass at lessee's cost and expense. Lessee shall maintain the
exterior yard and landscaping.
Article IX
COVENANT TO HOLD HARMLESS. Lessor shall be defended and held
harmless by lessee from any liability for damages to any person or any third party
property in or upon said premises resulting from the negligent acts or omissions of the
lessee. It is understood and believed that all property kept, stored or maintain in the
leased premises shall be so kept, stored, or maintained at risk of lessee only. Lessor
shall not suffer or give cause for the filling of any lien against the herein-leased
premises.
Article X
PUBIC LIABILITY INSURANCE. Lessee agree to obtain and maintain at its sole
cost and expense public liability insurance and property damage insurance to protect the
City of La porte, lessor and lessee against all loss or damage from the claims of all
persons who may be in or on the leased premises by the invitation, consent or
sufferance of lessee. Such public liability insurance shall have minimum bodily injury
limits of $100,000.00 for each person and $300,000.00 for each accident and property
damage limits of $50,000.00 for each accident with respect to any accident occurring on
the leased premises. The city of La Porte and Tri-Star Aviation shall be named as an
additional insured on said policy. Lessee shall furnish Lessor and the city of La Porte
certificate of all insurance coverage.
Article XI
ABUSE OF PLUMBING AND WALLS. The plumbing facilities shall not be used
for any other purpose than that for which they are constructed, and no foreign substance
of any kind shall be thrown herein, and the expense of any.breakage, stoppage, or
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damage resulting from the violation of this provision shall be borne by lessee, who shall,
or whose employees, agent, invitees, or licensees shall have caused it.
Article XII
ASSIGNMENT. Lessee agrees not to assign or in any way transfer this lease, or
any estate or interest herein, without the previous written consent of the lessor and the
city of La Porte, and not to sublet said premises or any part thereof or allow anyone to
come in with, through, or under it with like consent. Lessor, however, may assign,
hypothecate or otherwise transfer this lease or any interest thereon.
Article XIII
ACCESS TO PREMISES. Lessor or the city of La porte shall have the right to
enter upon leased premises at all reasonable hours with reasonable notice, except in
cases of emergency, for the purpose of inspecting the same.
Article XIV
UTILITIES The lessee agrees to promptly pay, before delinquency, all bills for
electricity, heat, water, gas, power and other utilities furnished to the leased premises.
Article XV
EMINENT DOMAIN. If the whole or any part of the premises hereby leased shall
be taken by any public authority under the power of eminent domain, then the terms of
this lease shall cease on the part so taken from the date the possession of that part shall
be required for any public purpose, and the rent shall be paid up to that day; and if such
portion of the demised premises is so taken as. to destroy the usefulness of the premises
for the purpose for which the premises were leased, then, for the period of the thirty(30)
days from that day, the lessee shall have the election either to terminate this lease and
declare the same null and void or to continue in the possession of the remainder of the
It under the term herein provided, except that the fixed monthly rent shall be reduced in
proportion to amount of the premises taken. All damages awarded for such taking shall
belong to and be awarded as compensation to the lessor for diminution in value of the
lessee's estate or to the fee of the premises herein'leased; provided, however, that the
lessor shall not be entitled to any portion of the award made to the lessee for loss of
business or depreciation to and cost of removal of stock and fixtures.
Article XVI
DAMAGE. In the case the leased premises shall be partially or totally destroyed
by fire o'r other casualty insurable under full standard extended coverage insurance as to
become partially or totally untenable, then the lessor may, if he so elects, rebuild and put
the same premises in good condition, or lessor may give written notice to lessee
terminating this lease effective as of the date of such damage or destruction. If lessor
elects to repair or rebuild said premises, lessor shall give the lessee notice thereof within
thirty (30) days after such damage or destruction of his intention so to do, and shall then
proceed with reasonable diligence to repair or rebuild the leased premises; and there
shall be proportionate abatement of lessee's rental payment to cover the period of time
and proportion of the premises, the use which is lost to lessee, until such repairs are
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Deficiency calculated as the discounted value of the rental payable under the terms of
this lease for the residue of the term hereof plus the cost and expenses provided for
above, less the discounted fair rental value of the premises for the residue of said term.
Lessor shall not have any obligation to re-Iet or attempt to re-Iet the demised premises,
or any portion thereof, or to collect rental after such re-Ietting. Any re-Ietting by lessor
shall not be constructed as an election on the part of the Lessor to terminate the lease
unless a wdttennoticeof.sucb. intentioojs_giv.enJo lessee.by.Jessor. ..Notwithstanding
any re-Ietting without termination, lessor may at any time thereafter elect to terminate
This lease for such previous default. If lessor exercises.hisr.i.ght to lock out lessee or
terminate the lease lessee may reinstate the lease by paying to lessor all past due rental
payments,~xpenses incurred due to.Jbe..d.e.f.a.uJt..pJu.s.B_reilJstatement fee..of...$2.50.QO.
This Reinstatement right shall be valid fifteen (15) days after the lockout or termination.
Article XIX
HOLDING OVER. In the event lessee remains in possession of the herein leased
premises ~rthe expiration. of .tI:1.eJeas.e...aod .without. the. exe.cuti.on..of..a .new..le.a.se..
lessee shall be deemed to be occupying said premises as a tenant from month to month,
subject to all the condition to a month to month tenangy~ and the lessee shall be
considered to be merely a lessee at the will of lessor. .
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WAIVER: One or more waivers of any covenant or condition by the lessor shall not be
construed as a waiver of a subsequent breach of the same covenant or condition~ and
the consent or approval by the lessor to or of any act by the lessee requiring the lessor's
consent o~IDval shall~Uo.b.eJ:memedJo..waiY.e._ou..ender..unoeces.sar:v Jhe.Jes.sots
consent or approval to or of any subsequent similar act by the lessee.
Article XX.l
NOTICE. Whenever, under this lease. a provisions made for notice of any kind, it shall
be deen1e~...suffu;jent notic.e..ao.d...senli.c.e..there.af if sLJch..ooticetto.JessesJs..In writing
addressed to lessee at the last known post office address of lessee or at the leased
premises and sent by registered mail with"'pos~99~.pr~"pai<1, and if such notice to lessor is
registered mail with postage prepaid. The address of:
Lessor:
T ri,:,Star A v.iation ..in.c.
10615 W. main St.
P.O. Box 1788
La Porte, TX. 77571
Lessee: Mr. Ricky Williams
10615 1f2. W. Main St.
La Porte, JX 77571
To which address, until changed as herein provided, all notices required shall be mailed.
It shall be the duty of both.partie$..,. ypon aoy cI1~(l...ged .9faddress, to n9ti.tY the oth~LP~.r1Y
of such change, giving in such notice its or their names and addresses and which notice
shalllikewjse..be given by.registered.mail
Article XXII
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rebuilt or completed. If the premise are damaged by fire or other casualty, and lessor
has not elected to terminate this lease, lessor shall notify lessee in writing within thirty
(30) days after the date of the damage caused by such casualty. If such estimate to
substantially complete such repair is for more than ninety (90) days from the date of
notification, lessee shall have the option, as his sole and exclusive remedy in such
event, to terminate this lease effective as of the date of destruction by giving written
notice to lessor, which notice lessee must give to lessor within fifteen (15) days after
lessee's receipt of lessor's notice of the estimated time of repair. Upon termination
lessee's obligations hereunder shall cease. If lessor's estimate is ninety (90) days or
less, lessee shall not have the right to terminate this lease.
Article XVII
BANKRUPTCY OR INSOLVENCY. In case of bankruptcy or insolvency on the part of
lessee or in case of any receiver being appointed to take charge of the property, or any
portion of the property, of lessee in or upon the premises hereby leased, then and in
such event the lessor may, at his option, declare this lease to be terminated or forfeited
by the lessee, and lessor shall be entitled in such event to the immediate possession of
such premises, and no receiver, trustee in bankruptcy, or assigns for the benefit of
creditors shall acquire, in any such case, any of the rights of the lessee hereunder, upon
termination, lessee's obligations hereunder shall cease.
Article XVIII
DEFAUL T/REMEDIES. Upon the occurrence of any event of default under this
lease, lessor shall have the option (without any obligation to do so ) to pursue anyone or
more the following remedies without any notice or demand whatsoever;
(a) Take such action and expend such amount as may be necessary to cure such
default, whereupon all amounts expended by lessor shall be due from lessee to lessor
immediately upon the expenditure thereof; arid
(ti) Terminate this lease and re-enter upon and take possession of the demised
premises, and eject therefrom all parties in possession thereof, with or without legal
process, using all necessary force for that purpose, and without being deemed guilty of
any trespass and without prejudice to lessor's other rights; and
(d) Alter locks and other security devices at the demised premises.
In the event that lessor acts under either (b) or (c) above, Lessor (as the agent of
and for the account of lessee if this lease is not terminated) may re-Iet the demised
premises, or any part thereof, upon such terms and conditions as landlord may deem
advisable, in which event the rents received on such re-Ietting shall be applied toward
lessor's costs and expenses incurred in connection therewith, including necessary
renovation and alteration of the demised premises, reasonable attorneys' fees, and any
real estate commissions actually paid, and thereafter toward payment of all sums due, or
to become due, or that would become due, to landlord thereunder, and if sufficient sum
shall not be thus realized to pay such sums and other charges, Tenant covenants and
agrees to pay lessor, upon demand, and deficiency. Such deficiency or part thereof may
be recovered from the lessee as such deficiency or part thereof is determined from time
to time, or Lessor may recover in one or more proceeding the anticipated amount of
such deficiency in an amount equal to then known deficiency plus the hen unknown
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NON-LIABILITY. Lessor shall not be responsible or liable to lease for any loss or
damage thpt may be occasioned. by Of througb the a.cts .or..o.mission of persons
occupying' the adjoining premises or for any loss or damage resulting to lessee or its
property f~JD ..burst,stopp.e.d...or leaking...w.ater,..QBS..DLS.e.w.e!,..DIlor..any.Dam.ag.e...orJass
of property within the leased premises from any cause what so ever to the extent Th
payment tl)eref.or.is madeJo .or...o.rLbe.baJLofJes.s.ee-pur.s.uanUo.any insuraoce..contr.act
which at the time of such loss permits waiver or subrogation rights prior to a loss
thereunder.
Article XXIII
CONSENT NOT .UNREAS.ONABL Y WITHHELD. .-Lessor.agrees the whenever
under this lease provision is made for lessee securing the written consent of lessor, such
written consent shall not be reasonably withheld.
Article XXIV
MISCELlANEOU.s_ . T.heJ.emedies~..w.aivers.aodJimjtati.onson liability.seU.ortb
in this agreement are exclusive and shall apply regardless of legal theory, negligence,
strict liability or breach of contract.
Article XXV
SUBORDINATION. Lessee accepts this lease Agreement subject and
subordinate to any recorded first or any other mortgage or deed of trust lien presently
existing or hereafter created upon the demised premises provided that so long as lessee
is not in default hereunder, lessee's rights hereunder shall not be disturbed by the
foreclosure or other exercise of any rights held by any such mortgagee.
Article XXVI
It is undersjo.odJbat .this..Sub.Je..a.se.Agreeme.ntJs...subje.ctioJbe ..terms..an.d..pr.o.Yisions.of
that Agreement and lease for fixed Base Operation between the city of La Porte and Tri-
Star Aviation, dated January .1. j.9B5. .
. Article XXVII
All improvj3JDe.O.tsJo..tbe...pr.emises..andlacilities,.b.o.tb .w.ilbin.!be ..b.uiJ.ding..and .to.a..djac.ent
parking and open space, shall be subject to the approval of the city of La Porte.
IN WITN E~.wH F R FOE,..tbe.Jessar...anct le~~Fl!e..bav.e Fl!Xe~lltFl!ct.1hisJease C'..nntr;:!~t..in
duplicate pn .this.!he 20~ day.of .5eQtember2001. ./
. c-:2-4.b ~ .
Dan H. Marrouf, Presiiient
Tri-Star Aviation Inc. ,
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c.v-t/4 /2~
Ricky Iiams
Lessee
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Agenda Da1ellequested: _~
Requested By: Aaron Cnrr .
Appropriation
Source of Funds:
VADG
Department: Po.jce
Account Number:
Report: x Resolution:
Ordinance:
Amount Budgeted:
Exhibits:
Amount Requested:
Budgeted Item: YES NO
Exhibits:
Exhibits:
SUMMARY & RECOMMENDATION
Authorize the City Manager to submit for a Victims' Assistance Discretionary Grant (V ADG) from the Office of
the Attorney General (OAG) to create a Victims' Assistant Liaison (VAL). The VAL will ensure victims of crime
in the City of La Porte receive assistance and support, and to educate the public about Victims' Assistance
Programs. This will be a civilian position that will be hired by the Police Department. This grant request is for the
amount of$66,666.00 for a 20-month period and does not require any matching funds.
In the event of loss or misuse of V ADG grant funds, the City will return the funds back to OAG in full. This grant
will not use any existing budgeted funds, as it is a new program.
It is anticipated that the creation of a VAL program will ensure the citizens of La Porte, who become victims of
crimes, receive the assistance they may need. This assistance maybe in the form of counseling, shelter, legal advise,
financial assistance and support in the criminal justice process. This position will be monitored for the 20-month
period of the grant and then a determination will be made to either reapply for the grant or cease the program.
Action R.equired bv Council: Request authorization for the City Manager to submit for a Victims' Assistance
Discretionary Grant for funding for a Victims' Assistant Liaison.
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enda
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NARRATIVE
Section 1: Problem Statement and Statistics
During 20011here have been 656 reported UCR Crimes in the City of La Porte. The problem is
to insure that victims of these crimes receive propm: help, refena1, management, and follow up to
best respond to their needs,
Section 2: Goal Statement
The goal of this grant will be to provide a dedicated and trained Victim's Assistance Liaison to
ensure victim's receive appropriate asSistance, case management, follow up, referrals and an in
depth program for victims who may require assistance.
Section 3: Tanret GroDD
A comprehensive victim assistance program that will provide assistance to victims of all types of
crimes that occur within the jurisdiction of the City of La Porte; Texas. The City of La Porte has
a popuIation in excess of35,OOO citizens. In 2000 the were 688 UCR Crimes reported in the City
and as of November 1,2001 there have been 656 reported UCR Crimes. Not all of these crimes
have reached the courts and some victims may not have received the :full benefit of Crime Victim
Assistance Programs. Citizens often do not avail themselves of these services without patient and
understanding follow up by a individual dedicated to managing an effective Victim's Assistance
Program. Training will be for the Victim Assistant Liaison, the Po~ and the Public.
Section 4: Project Activities
This program will provide a comprehensive system of services that is '\tictim centered", 1here
are eleven core components of this system and they include:
1. Orientation to the Jaw enforcement and investigative process.
2. Assistance to victims and witness who must testify,
3. Information about individual case status and outcome,
4. Referral and accompSlni1TteDt to crisis intervention and psychological first aid.
S. Accompaniment to emergency medical services in cases involving injury.
6. Provide information to crime victims about their constitutional and statutory rights,
and the availability of crime victims compensation.
7, Perscmal CODtact with the victims by telephone or in person within 24 to 48 hours
following the initial response to ensure victims assistance is has been, is being, and
is in progress,
8. Immediate referrals to community agencies that offer emergency SeMces to victims
as well as information about financial services.
9, Facilitate victims participation in the criminal justice process.
10. Facilitate property retum.
11, Education and training for Departmental personnel, the public and other local service
providers about the needs and rights of victims in the criminaljustice system.
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Section 5 Proiect Obiectives
Output Measures:
tl Documentation and tracking of the number of victims assisted.
. It is projected that 180 persons will be tracked during the first year.
It Documentation of the nature of assistance provided.
tl Follow up reports on the effectiveness of the program.
Outcome Measlll'eS:
II Follow up iDterviews on effectiveness ofassistaDce provided to victims of crimes.
IJ Critique of assistance provided as to effectiveness and value.
. Il Documentation of case files,
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Current Data:
This is a new grant therefore there are no statistical output/outcome measurements. There is no
current tracking program. or evaluation of the assistance that'victims receive, There is no follow
up of the effectiveness of the assistance provided and its value to the victims to provide feedback
to victim. services providers. The current computer system does not provide nor was it designed
with victim assistance tracking considerations. This grant will allow the Department to address
that issue in detail while assisting victims of crime,
Target Level:
WIth the funding of this grant aud the creation ofa dedicated Victims Assistance Liaison within
the Deparbnent it will taIget 80 cases in the grant fiscal year 2002 and 100 cases in the grant
fiscal year 2003.
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Project Summary
When crime strikes, its impact on victims and survivors is devastating and filr-reaching. For many
victims, the aftermath of crime can be as 1Iaumatic as the crime itself Physical trauma and
significant financial obligations often compound the resulting emotional tunnoil. Crime is
increasing in the United States and unfortunately the citizens of La Porte are not immune from
this problem, With the increase of crime there is an increase in victims of crime. We have become
very aware of the trauma ofvictimi7JItion.
As the first responders to most crimes, the police department serves a critical and primary role in
providing immediate intervention and assistance to victims of crime, Unlike most social service
agencies, the police department is open every day oftbe year, twenty-four hours a day. As such,
there is a tremendous responsibility on the part of Jaw enforcement to provide sensitive and
supportive victim services. When under trained Jaw enforcement personnel come iDto contact
with an emotional, distraught victim, the result usually is a combination of effects that decrease a
victim's confidence and willingness to participate in the criminal justice system.
An effective .victim service program utilizing a dedicated Victim Assistant Liaison '(VAL)
provided by a police department will allow Jaw enforcement officers to devote their time to the
primary Jaw enforcement responsibilities of investigating crime and arresting the perpetrators of
those crimes.. It is an unfortunate filet that in a large majority of crimes, no perpetrator is ever
apprehended. This means that the court-based programs will never come into contact with a large
number of the victims. Their only hope for assistance from the criminal justice system will be at
the police-based level. Police-based services provide essential assistance to victims of crime. This
proposal would expand the services available to crime victims to more fully meet the needs of
crime victims in the City of La Porte,
The VAL will filcilitate the use of the comprehensive system of services that are '\rictim-
centered". help victims navigate the criminal justice process, afford victims their legal rights, and
make their overall participation less iDtimidating and burdensome. The VAL program will
provide timely assistance for persons who cannot or will not access services available through
prosecution or social service programs. This program will provide assistance to victims of all
types of crime. The VAL will review all reports of crime over a 24 hour period and make follow
up contact with victims of these crimes, prioritizing crimes against persons. Tho V AI. will create
files on each case and based on hisIhcr interview with the victim; lcate the appropriate services
that are currently available in the Harris County Area. 'I'hc VAL will schedule and assist a victim
in reaching those services and conduct follow up interviews with the victim to ensure they
received the asSistance'they needed and obtain a critique of the services provided. The VAL will
provide a report to the Chief of Police Office regarding the "cases" helshe bas initiated and the
results of their efforts in assisting victims of crimes.
'I'hc VAL will also provide training to Officers and the public ICgarding the victims services that
are available to victims of crimes,
The primary goal is to ensure that victims of crimes in La Porte are provided the best victims
assistance possible to integrate with the Police Departments community policing concepts. Harris
County has a myriad of victims assistance services that will provide direct counseling, shelter,
finance, and legal adviso. The VAL will be the person charged with ensuring victims of crimes in
La. Porte receive the assistance needed through these services.
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Crime Victim Assistance Budget
BUDGET SUMMARY
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Victim Assistance Uaison 8 Month 12 Month Total
Personnel $24,279.00 $37,724.00 $62,003.00
Professional & Contractual 0 0 0
Travel and Training $500.00 $700.00 $1,200.00
Equipment $2,425.20 $37.80 $2,463.00
Supplies $500.00 $500.00 $1,000.00
Indirect Cost 0 0 0
Total $27,704.20 $38,961.80 $66,666.00
ESTIMATED PROGRAM INCOME
The project does not anticipate earning any program income.
PERSONNEL
Salaries for twenty months: $62,003.00
$62,003.00 X 100% of time = $62,003.00
Salary projects a estimated 5% increase in previous year salary.
This full-time employee wi! provide the following services: protect the rights of and provide services to the
victim and survivors of violent crimes and crimes that create hardships; to alleviate the psychologiCal and
emotional trauma Incurred as a result of the violent crime; to Intervene on the behalf of the victim; to meet
the public and to educate them regarding victim's rights and available resources; create positive Image and
reinforce the commitmnt of law enforcement In serving needs of the people; identify the Immediate and long-
term needs of crime victims; Intervene In non-crime related calls and allow police officers to return to service;
keep records and statistics of agencies violent crimes.
Benefits for 20 months: $15,307.00
PROFESSIONAL AND CONTRACTUAL SERVICES
The project does not anticipate using any professional or contractual services.
TRAVEL AND TRAINING
In-state travel and training cost $1,200.00
Costs will be used to send coordinator to training conferences within Texas that will teach skills related
to victim services. Costs will be expended using the City of La Porte travel policy, which Includes per diem
mileage and hotel accomodatlons If needed.
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. City of La Porte Police Depa~m.
Crime Victim Assistance Budget
EQUIPMENT
Total equipment: $2463.00
One city standard office PC with printer for coordinator: $1600.00
TelevislonNCR combo will be used for witness and victim videotaped interviews and educational tapes
for crime victims, $500,00
Rental of dlglt~1 pager for 20 months: $53.00
Chair and bookcase forthe victim assistance liaison office: $300.00
SUPPUES
This amount includes postage, copy paper, computer equipment, paper clips, pens, pencils, calendars
folders, binders and other basic supplies used in the admlnstrative function of this project. $1000.00
INDIRECT COSTS
this project will have no indirect costs.
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VICTIMS' ASSISTANCE DISCRETIONARY GRANT APPLICATION
COVER SHEET (FORM V ADG - 1)
1.
Legal Name of Agency/Organization Applying:
CITY OF LA PORTE
2.
Division or Unit within Applicant Organization to administer the project
POLICE
Official Applicant Organization Mailing Address:
CITY OF LA PORTE
604 W. FAIRMONT PARKWAY
. LA PORTE, TEXAS 77571
3.
4.
J<.hoose all purpose areas 1hat apply to the project
(:) Direct Victim Services
· Victim Services Traiiring
9 Victim Assistance Public Awareness
· Emergency Foods to Victims
Name, Address, Phone Number, Fax. Number, and e-mail address of Contact Person:
RICHARD E. REFF, POLICE CHIEF
915 SO~TH 8th STREET
LA PORTE, TEXAS 77571
5.
6.
Agency's State Payee Identification Number:
369-661-4
7. Is the Applicant Organization delinquent on any state or federal debt?
· Yes · (@ .
8. Requested Funds: $ 'Zl, 704. 2) First Fiscal Year (8 months - 1/1/02-8/3 1/02)
Requested Foods: $ 38,961.00 Second Fiscal Year (12 months - 9/1/02-8/31/03)
Total Requested Funds for Grant Period:'$ ffi,€E6.00 (20 month period)
9. Title of Project: VICTIMS ASSISTANCE LIAISON (VAL)
10. Application for: OFFICE OF THE ATTORNEY GENERAL VICTIMS' ASSISTANCE
DISCRETIONARY GRANT (V ADG) PROGRAM
11. Service.Area of the Project
CITY OF LA PORTE of HARRIS COUNTY, TEXAS
12. Grant Start Date: JANUARY 1, 2002
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
Appropriation
Requested. By:
Source of Funds:
Inventory Acct
Department:
Administrative Services
Account Number: 001-0000-120-0100
. Report:
Resolution:
Ordinance:
Amount Budgeted:
Exhibits:
Bid Tabulation
Amount Requested: $85,636.20
Budgeted Item@ NO
.Exhibits:
Bidder's List
SUMMARY & RECOMMENDATION
Advertised sealed bids #0844 for water and sewer supplies were opened and read on November 19, 2001. Bid
requests were mailed to seven (7) area suppliers with seven (7) returned -bids.
Low bid meeting specifications was submitted as follows:
ACT Pipe & Supply
Item #1- Service Material & Brass
$15,220.12
Power Seal
Item #2 - Clamps & Coupling
$ 8,801.89
$ 8,142.82
$ 8.550.87
$16,693.69
Hughes Supply
Item #3 - Adapters, PVC Fittings
Item #5 - Ductile Fittings, C.r. & Concrete
Total
Municipal Pipe
Item #4 - Gate Valves
Item #7 - Fire Hydrants
Total
$ 6,101.50
$ 7.595.00
$13,696.50
$31,224.00
U. S. Filter
tem #6 - Water Meters
Using estimated yearly quantities, the total cost would be $85,636.20. The cost is a three percent (3%) increase over
last year's pricing. The contract is for on~ (1) year with an additional one (1) year option period.
Staff' recommends award of water and sewer supplies to 10"Y. bidders meeting specifications in the amount of
$85,636.20. The items will be purchased for warehouse inventory throughout the year, and then distributed as
needed. Funds have been budgeted by the water and sewer divisions
Action Required by Council:
Award Bid #0844 - Water and Sewer Supplies in the amount of $85,636.20 as specified above.
Approved for City Council Ae:enda
~J~ T. ~
Robert T, Herrera, City Manager
\~.4~6\
Date
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BID TABULATION #844 - WATER & SEWER SUPPLIES
ACT PIPE & I AL POWER
DESCRIPTION QTY SUPPLY SUPPLY MDN PIPE TRIANGLE US FILTER SEAL
ITEM # 1A. SERVICE MATERIAL
1.314" x 1/8" Meter Gasket 1000 $0.09 $0.09 $0.08 $0.05 $0.10 No Bid No Bid
2. 1" x 1/8" Meter Gasket 100 $0.12 $0.12 $0.12 $0.09 $0.13 No Bid No Bid
3. 314" Meter Coupling w/gasket 365 $2.60 $2.74 $1.85 $1.65 $2.50 No Bid No Bid
4. 1"Meter Coupling w/gasket. 10 $4.00 $3.98 $2.25 $1.90 $3.85 No Bid No Bid
5. 314" Curb Slop comp/iron w/lockwing 65 $10.45 $10.46 $10.18 $17.00 $10.85 No Bid No Bid
6. 1" Curb Stop comp/lron wllockwin9 125 $18.80 $18.65 $21.05 $26.00 $19.50 No Bid No Bid
7.2" Curb Stop comp/iron w/lockwing 13 $61.30 $65.38 $65.98 $72.00 $68.25 No Bid No Bid
8.3/4" Curb Slop ironliron w/lockwing 15 $8.90 $8.86 $9.25 $16.00 $9.25 No Bid No Bid
9. 1" Curb Stop ironllron wllockwing 5 $15.70 $15.60 $20.02 $23.00 $16.25 No Bid No Bid
10. 314" Corporation cclcompression 14 $8.85 $8.78 $8.06 $10.00 $12.80 No Bid No Bid
11. 1" Corporation cc/campression 95 $13.40 $13.27 $12.16 $16.90 $13.00 No Bid No Bid
12. 2" Corporation cclco,pressoin 12 $57.00 $56.51 $47.85 $60.00 $57.10 No Bid No Bid
13.3/4' x 1" Tapping 9.Jshing cc thread 10 $3.27 $3.28 $5.35 $10.00 $4.35 No Bid No Bid
14.314".3 Part Union camp/comp 105 $4.74 $4.79 $4.65 $7.00 $4.95 No Bid No Bid
15. 1" - 3 Part Union comp/camp 100 $5.42 $5.48 $5.54 $8.50 $5.40 No Bid No Bid
16. 1" x 314" - 3 Part Unian camp/camp 30 $5.60 $5.56 $5.61 $8.00 $5.45 No Bid No Bid
17. 2" - 3 Part Union comp/camp 3 $22.37 $22.68 $19.05 $25.00 $23.35 No Bid No Bid
18.314" Male .Adaptor camp/iron 16 $3.95 $3.93 $3.50 $4.95 $4.05 No Bid No Bid
19. 1" Male Adaptor camp/iron 25 $4.60 $4.65 $4.46 $5.95 $4.80 No Bid No Bid
20. 2" Male Adaptor comp/iron 15 $17.15 $16.98 $15.06 $18.95 $17.50 No Bid No Bid
21.3/4" Female .Adaptar compliron 8 $4.17 $4.13 $3.75 $5.50 $4.35 No Bid No Bid
22. 1" Female .Adaptor campllron 11 $5.67 $5.62 $4.75 $6.97 $6.20 No Bid No Bid
23. 2" Female .Adaptor camp/iron 5 $17.90 $17.75 $16.95 $19.50 $18.30 No Bid No Bid
24. 314" Brass Gate Valve 2 $1.71 $2.85 $5.05 $3.50 $8.50 No Bid No Bid
25. 1" Brass Gate Valve 2 $2.24 $3.88 $7.85 $4.50 $12.00 No Bid No Bid
26. 1-1/2" Brass Gate Valve 2 $4.26 $7.68 $8.95 $8.00 $22.00 No Bid No Bid
27.2" Brass Gate Valve 5 $7.60 $9.78 $20.15 $11.00 $31.50 No Bid No Bid
28. 7" x 314" Meter Riser wllockwing 7 $23.75 $24.82 $24.93 $24.00 $24.00 No Bid No Bid
29. 9" x 314" Meter Riser w/lockwing 2 $24.00 $25.15 $25.24 $24.50 $24.75 No Bid No Bid
30.3/4" x 1" U-&anch w/lockwing 55 $32.42 $28.56 $29.45 $42.00 $33.75 No Bid No Bid
6-1/2" center
SUB - TOTAL ITEM #1A $11,190.01 $11,084.17 $10,892.32 $14,136.12 $11,708.25 No Bid No Bid
ITEM # 1B- BRASS FITTINGS & COUPLINGS
1.314" Brass Coupling 2 $0.92 $2.04 $1.95 $1.05 $1.80 No Bid No Bid
2.314" Brass 90 Degree Bi 3 $1.07 $2.28 $2.18 $1.10 $2.05 No Bid No Bid
3. 2" Brass 90 Degree 81 15 $5.29 $11.98 $11.45 $5.65 $10.70 No Bid No Bid
4. 3/4" x 314" &ass Tee iron/iron 2 $1.31 $2.88 $2.72 $1.50 $2.55 No Bid No Bid
5.314" &ass Bushing 65 $0.92 $1.98 $1.91 $0.95 $1.80 No Bid No Bid
6.314" x 1-1/4" &ass Bushing 50 $1.55 $3.36 $3.27 $1.70 $3.05 No Bid No Bid
7.1" x 2" &ass Bushing 3 $3.53 $5.98 $5.73 $3.50 $5.40 No Bid No Bid
8.1-1/2" x 2" Brass Bushing 4 $2.93 $5.98 $5.73 $3.00 $5.40 No Bid No Bid
9.314" x Close,Al1 Thread Nipple 7 $0.71 $0.73 $1.33 $0.85 $0.70 No Bid No Bid
10.314" x 2" B'ass Nipple 20 $0.89 $0.91 $1.68 $1.00 $0.83 No Bid No Bid
11.314" x 4" B'ass Nipple 12 $1.55 $1.58 $2.94 $1.75 $1.45 No Bid No Bid
12.3/4" x 6" &ass Nipple 4 $2.27 $2.32 $4.29 $2.50 $2.15 No Bid No Bid
13. 1" x Close JIll Thread Nipple 2 $1.05 $1.08 $1.97 $1.25 $0.98 No Bid No Bid
14. 1" x 2" 6rass Nipple 6 $1.28 $1.32 $2.43 $1.70 $1.20 No Bid No Bid
15. 1" x 4" Brass Nipple - 3 $2.25 $2.30. $4.25 $2.50 $2.10 No Bid No Bid
16. 1" x 6" Brass Nipple 6 $3.32 $3.38 .. $6.26 $3.75 $3.10 No Bid No Bid
17.1-1/2" x 4" &ass Nipple 4 $3.95 $4.05 $7.46 $4.50 $3.70 No Bid No Bid
18.1-112" x 6" &ass Nipple 4 $5.84 $5.98 $11.02 $6.50 $5.45 No Bid No Bid
19.2" x 2" Brass Nipple 4 $2.79 $3.20 $5.89 $3.50 $2.95 No Bid No Bid
20. 2" x 4' Brass Nipple 17 $4.80 $5.18 $9.60 $5.50 $4.75 No Bid No Bid
21. 2" x 6" Brass Nipple 36 $7.09 $7.58 $14.18 $8.00 $7.00 No Bid No Bid
22. 2" x 3/4" Reducer 5 $5.56 $16.48 $15.75 $6.50 $14.75 No Bid No Bid
23. 1" Brass Plug 5 $0.74 $2.28 $2.19 $1.25 $2.30 No Bid No Bid
24. 314" Brass Plua 5 $0.56 $1.44 $1.37 $0.75 $1.55 No Bid No Bid
SUB. TOTAL ITEM #1 B $754.99 $1,138.61 $1,547.28 $844.05 $1,038.36 No Bid No Bid
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HUGHES ACT PIPE & iiTUNICIPAL GOLDEN POW~
DESCRIPTION QTY SUPPLY SUPPLY MDN PIPE TRIANGLE US FILTER SEAL
ITEM #1C . SERVICE SADDLES
1.2" x 1" Tapping Saddle PVC 315 36 $13.85 $15.68 $14.65 $15.50 $15.15 No Bid $13.83
2.3"x 1" Tapping Saddle AC 315 5 $14.73 $17.08 $15.01 $15.75 $14.95 No Bid $15.20
3.4" x 314" Tapping Saddle AC 315 10 $14.90 $16.88 $16.06 $15.90 $15.30 No Bid $14.81
4.4" x 1" Tapping Saddle AC 315 10 $14.90 $16.88 $16.06 $15.90 $15.30 No Bid $14.81
5. 6" x 314" Tapping Saddle AC 315 1 $17.34 $18.95 $18.69 $18.00 $17.80 No Bid $16.80
6.6" x 1" Tapping Saddle AC 315 35 $17.71 $18.95 $18.69 $18.00 $17.80 No Bid $16.80
7.8" x 1" Tapping Saddle AC 315 22 $21.00 $23.52 $22.19 $21.40 $21.10 No Bid $20.00
8. 12" x1" Tapping Saddle AC 315 5 $26.01 $29.42 $28.03 $27.00 $26.70 No Bid $25.25
9. 6"x2' Tapping Saddle AC 315 5 $20.32 $23.52 $21.90 $21.08 $21.30 No Bid $19.75
10. 8" x2" Tapping Saddle AC 315 7 $24.46 $27.64 $26.37 $25.38 $25.10 No Bid $23.70
11.12" x 2" Tapping Saddle AC 315 5 $31.94 $37.94 $34.42 $34.00 $33.65 No Bid $31.00
12. 16" x 2" Taooina Saddle AC 315 2 $74.68 $81.17 $74,68 $75.50 $74.75 No Bid $0.00
SUB.TOTAL ITEM #1 C $2,681.37 $2,997.34 $2,840.37 $2,812.61 $2,764.60 No Bid $2,460.78
ITEM # 1 TOTAL '$14,626.37 $15,220.12 $15,279.97 $17,792.78 $15,511.21 No Bid - $2,460.78
ITEM # 2 A REDI CLAMPS
SMITH BLAIR 244 CR APPROVED EQUAL
1.314" x 3" Redl Clamp 6 $6.50 $8.82 $4.09 $10.65 $10.00 No Bid $7.70
2. 314" x 6" RedJ Clamp 3 $13.87 $17.58 $7.85 $21.60 $21.45 No Bid $15.36
3. 1" x 3" Redi Clamp 6 $6.94 $9.35 $4.40 $11.06 $10.70 No Bid $8.08
4. 1" x 6" Redi Clamp 5 $13.98 $18.58 $8.05 $22.00 $21.60 No Bid $16.20
5. 1-1/2" x 3" Redi Clamp 2 $7.16 $9.82 $4.86 $11.50 $11.25 No Bid $8.54
6. 1-1/2" x 6" Redi Clamp 1 $14.11 $19.29 $9.53 $22.50 $22.30 No Bid $17.04
SMITH BLAIR 245 OR APPROVED EQUAL
1. 2" x 3" Redi Clamp 1 $4.60 $4.18 $13.58 $4.25 $3.75 No Bid $3.52
2. 2" x 6' Redl Clamo 1 $7.11 $7.63 $25.39 $7.50 $6.79 No Bid $7.03
SUB-TOTAL ITEM # 2 A $232.29 $305.40 $172.96 $362.31 $351.89 No Bid $266.43
ITEM #2B - FULL CIRCLE CLAMPS
SMITH BLAIR 226 OR APPROVED EQUAL
1.2.35 - 2.63 x 7.5' 60 $22.49 $22.46 $25.73 $22.75 $22.50 No Bid $17.80
2.2.35 - 2.63 x 12" 25 $35.02 $37..18 $43.19 $40.40 $39.95 No Bid $29.96
3.3.46.3.70 x10" 1 $29.06 $44.76 $44.68 $38.70 $37.90 No Bid $30.26
4.3.73 - 4.00 x 12" 1 $39.04 $45.70 $49.77 $46.25 $45.75 No Bid $35.13
5. 3.96 - 4.25 x 7.5" '24 . $26.88 $29.85 $30.83 $28.70 $28.15 No Bid $21.19
6. 3.96 -4.25 x 12 10 $40.07 $46.90 $49.77 $49.30 $48.30 No Bid $37.55
7.4.45.4.73 x 7.5" 3 $26.33 $30.85 $30.83 $30.00 $29.70 No Bid $22.93
8.4.74 -5.14 x 7.5" 4 $29.86 $31.29 $30.83 $31.00 $30.45 No Bid $24.07
9.4.74 - 5.14 x 12" 3 $39.81 $48.95 $49.77 $50.50 $145.25 No Bid $37.55
10. 4.95.5.35 x 7.5" 10 $30.48 $31.28 $30.83 $31.40 $30.75 No Bid $24.07
11.4.95.5.35 x 12" 7 $39.81 $49.85 $49.77 $53.50 $52.50 No Bid $37.55
12. 6.56 - 6.96 x 7.5" 8 $30.26 $36.41 $37.89 $35.50 $35.15 No Bid $27.06
13.6.56 - 6.96 x 12" 2 $40.14 $58.52 $53.03 $57.00 $56.65 No Bid $43.26
14.6.84 - 7.24 x 7.5" 5 $31.94 $37.17 $37.89 $36.30 $35.95 No Bid $28.41
15. 6.84 - 7.24 x 12 , 2 $43.44 $59.41 $53.03 $58.00 $57.50 No Bid $43.26
16. 7.05 - 7.45 x 7.5 20 $32.61 $37.18 $37.89 $36.80 $36.10 No' Bid $28.41
17. 7.05 - 7.45 x12" 3 $43.44 $60.58 $53.03 $59.00 $58.45 . No Bid $43.26
18.7.45 - 7.85 x 7.5 3 $31.94 $38.64 $37.89 $37.80 $37.40 No Bid $28.41
19. 8.54 - 8.94 x 10" 1 $38.45 $67.94 $61.81 $56.70 $56.10 No Bid $38.16
20. 8.99 - 9.39 x 7.5" 3 $32.78 $43.58 $38.93 $43.40 $43.00 No Bid $30.95
21.8.99 - 9..39 x 12" 2 $43.52 $69.88 $62.34 $69.50 $68.80 No Bid $43.29
22. 9.27 - 9.67 x 7.5" - 10 $33.26 $44.26 $38.93 $43.90 $43.95 No Bid $31.04
23.9.27 - 9.67 x 10" 2 $38.65 $71.52 .. $61.81 $60.37 $59.10 No Bid $34.61
24. 9.27 - 9.67 x 12" 2 $44.54 $71.52 $62.34 $71.80 $70.35 No Bid $44.30
25. 13.40 - 13.80 x 15" 1 $72.41 $118.41 $138.51 $120.90 $119.75 No Bid $75.39
26. 14.37 - 15.13 x 15" 1 $63.36 $120.47 $92.56 $100.00 $99.10 No Bid $68:01
SUB-TOTAL ITEM #2 B $6,546.01 $7,639.52 $7,884.63 $7,667.79 $7,851.40 No Bid $5,691.71
ITEM # 2C - DRESSER COUPLINGS
SMITH BLAIR 411 OR APPROVED EQUAL
1.314" Dresser Coupling 13 $13.20 $12.68 $11.03 $11.75 $10.95 No Bid $14.29
2. 1" Dresser Coupling 13 $13.80 $13.06 $11.42 $12.00 $11.35 No Bid $14.78
3. 1- 1/4" Dresser Coupling 2 $14.08 $13.88 $11.96 $12.50 $11.85 No Bid $15.45
4.1- 1/2" Dresser coupling 7 $16.23 $16.48 $12.65 $14.50 $14.15 No Bid $18.50
5. 2" Dresser Couollno 30 $20.70 $23.85 $18.30 $16.30 $16.05 No Bid $20.94
SUB.TOTAL ITEM #2 C $1,113.77 $1,193.24 $953.32 $924.25 $894.15 No Bid $1,166.51
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HU"GHE5 ACT PIPE MUNICIPAL PCJWER
DESCRIPTION QTY SUPPLY &SUPPLY MDN PIPE TRIANGLE US FILTER SEAL
ITEM # 20 - Couplings
MAXlSTEP OR APPROVED EQUAL
1. 3" Coupling 4 $72.00 $74.97 $52.85 $49.00 $39.75 No Bid $39.64
2. 4" Coupling 4 $81.00 $63.26 $54.50 $53.00 $48.60 No Bid $47.36
3. 6" Coupling 6 $90.28 $89.22 $n.50 $76.00 $68.55 No Bid $67.05
4. 8" Coupling 6 $100.75 $106.37 $91.00 $95.00 $80.00 No Bid $75.35
5. 12" Coupllna 4 $165.85 $196.38 $139.85 $148.00 $118.95 No Bid $118.71
SUB TOTAL . ITEM #2 0 $2,421.58 $2,511.98 $1,999.80 $2,026.00 $1,720.50 No Bid $1,677.24
ITEM #2 TOTAL $10,313.65 $11,650.14 $11,010.71 $10,980.35 $10,817.94 No Bid $8,801.89
ITEM # 3A - RUBBER ADAPTORS
FERNCO OR APPROVED EQUAL
1. 4"PVC x 4" PIIC 42 $2.02 $2.18 $2.14 $3.00 $2.00 No Bid No Bid
2. 4" PIIC x 4" Clay 7 $2.17 $2.18 $2.14 $3.00 $2.00 No Bid No Bid
3. 4" PIle x 4" Concrete 32 $2.17 $2.18 $2.14 $3,00 $2.00 No Bid No Bid
4. 6" PIIC x 4" PIIC 2 $4.79 $5.18 $4.89 $5.50 $4.70 No Bid No Bid
5. 6" PIle x 6" PIIC 17 $4.40 $4.88 $4.50 $5.50 $4.30 No Bid No Bid
6. 6" PIIC x 6" Clay 8 $4.40 $4.88 $4.50 $5.50 $4.30 No Bid No Bid
7.6" PIIC x 6" Concrete 9 $4.51 $4.88 $4.50 $5.50 $4.40 No Bid No Bid
8. 8" PIIC x 8" PIIC 10 $6.63 $7.26 $6.92 $7.25 $6.65 No Bid No Bid
9. 8" PIIC x 8" Clay 8 $6.63 $7.26 $6.92 $7.25 $6.65 No Bid No Bid
10.8" PIIC x 8"Concrete 6 $6.63 $7.26 $6.92 $7.25 $6.65 No Bid No Bid
11.10" PIIC x 10" PIIC 2 $9.4.1 $9.78 $9.62 $11.00 $9.25 No Bid No Bid
12. 10' PIIC x 10" Concrete 2 $9.41 $9.78 $9.62 $11.00 $9.25 No Bid No Bid
13. 12" PIIC x 12" Clay 2 $10.98 $11.76 $11.23 $14.00 $10.75 No Bid No Bid
14. 12" PIIC x 12" Concrete 2 $10.98 $11.76 $11".23 $14.00 $10.75 No Bid No Bid
15. 15" PIIC x 15" Clay 2 $18.80 $21.28 $19.70 $22.00 $18.50 No Bid No Bid
SUB - TOTAL ITEM # 3 A $607.92 $655.82 $625.00 $759.00 $595.10 No Bid No Bid
ITEM #3B. " SEWER FllTINGS & SADDLES
1. 4" Coupling 77 $0.46 $0.52 $0.50 $0.85 $0.48 No Bid No Bid
2. 6" x 4" Reducer 13 $2.35 $2.52 $2.45 $3.50 $2.35 No Bid No Bid
3. 6' 45 Degree 81 6 $2.76 $3.09 $2.99 $4.00 $2.90 No Bid No Bid
4. 6" Cleanout w/plug 9 $7.30 $7,.98 $7.78 $3.00 $7.55 No Bid No Bid
5. 6" x 4" Gasketed Saddle Tee w/ss bands 13 $15.14 $16.92 $15.87 $8.00 $15.10 No Bid No Bid
6. 8" x 4' Gasketed Saddle Tee w/ss bands 12 $16.66 $18.48 $17.47 $8.00 $16.65 No Bid No Bid
7.10" x 4" Gasketed Saddle Tee w/ss bands 4 $19.17 $21.46 $20.09 $9.50 $19.15 No Bid No Bid
8. 12" x 4" Gasketed Saddle Tee w/ss bands 4 $20.12 $22.48 $21 :09 $16.00 $20.10 No Bid No Bid
9. Universal Saddle 40 $18.70 $17.98 $18.18 $23.00 $18.50 No Bid No Bid
11. 8" x 6" Gesketed Saddle Tee w/ss bands 2 $21.74 $24.29 $22.78 $12.00 $21.75 No Bid No Bid
12.6" x 6" CouDling 2 $1.69 $1.98 $1.89 $3.00 $1.80 No Bid No Bid
SUB. TOTAL#3 B $1,496.99 $1,552.38 $1,515.52 $1,413.95 $1,493.06 No Bid No Bid
ITEM #3C.- DWV FllTINGS & LUBES
1. 4" Coupling 121 $1.00 $0.91 $1.19 $1.75 $1.00. No Bid No Bid
2.4" 16 Degree 81 . 42 $2.78 $2.53 $3.30 $3.50 $2.80 No Bid No Bid
3. 4" 45 Degree 81 93 $1.76 $1.59 $2.08 $3.50 $1.75 No Bid No Bid
4. 4" 90 Degree 81 64 $2.20 $1.98 $2.62 $4.00 $2.20 No Bid No Bid
5. 4" Slip Cap 55 $2.68 $2.38 $3.20 $3.50 $3.85 No Bid No Bid
6. 4" x 4" x 4" Tee 98 $3.40 $3.06 $4.00 $9.00 $3.40 No Bid No Bid
7.4" Cleanout wi plug 126 $3.30 $2.76 $3.67 $5.00 $2.60 No Bid No Bid
8. 4" Plug only 22 $1.07 $0.98 $1.27 $1.00 $0.60 No Bid No Bid
9. PIIC Glue (qt can) 50 $3.98 $4.18 $5.08 $5.00 $3.40 No Bid No Bid .
10. PIIC Primer (qt-can) 48 $2.40 $3.58 $4.15 $4.00 $3.60 No Bid No Bid
11. pve Lubricant (qt can) - 28 $1.45 $1.58 $2.15 $4.00 $1.95 No Bid No Bid
12. Talcote f5 aallon can) 24 $19.50 $21.78 .. $16.85 $27.00 $17.45 No Bid No Bid
SUB" TOTAL ITEM # 3 C $2,284.98 $2,238.86 $2,619.87 $3,868.75 $2,244.10 No Bid No Bid
ITEM #30.- POL YETHELENElPLASnC MBX
1.3/4" CTS Service Tubing 200 PSI 1800 $0.11 0.12 $0.15 $0.15 $0.13 No Bid No Bid
2.1" CTS Service Tubing 200 PSI 3600 $0.18 0.19 50.22 $0.21 $0.19 No Bid No Bid
3. 2" ers Service Tubing 200 PSI 200 $0.60 0.71 $0.69 $0.75 $0.62 NaBld No Bid
4. Single Plastic Meter Box wi lid 150 $7.72 7.56 $7.25 $10.00 $7.65 No Bid No Bid
5. Dual Plastic Meter Box wi lid 110 $7.72 8.08 $7.25 $10.00 $7.65 No Bid No Bid
6. Single Plastic Lids only 135 $2.99 5.38 $3.53 $4.00 $2.95 No Bid No Bid
7. Commercial Jumbo Meter Box wi lid 24 515.67 18.46 $26.19 $20.00 $16.55 No Bid No Bid
SUB-TOTAL ITEM #3 0 53,752.93 4,234.14 $4,190.11 $4,796.00 $3,826.45 No Bid NaBld
ITEM # 3 TOTAL $8,142.82 8,681.20 $8,950.50 $10,837.70 $8,158.71 No Bid No Bid
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HUGHES ACT PIPE lIo. I MUI'fIl,.I,.AL GOLDEN POWER
DESCRIPTION Q1'Y SUPPLY SUPPLY MDN PIPE TRIANGLE US FILTER SEAL
ITEM #4.- GATE VALVES W/ACCESSORIES
1. 2" CI Screw type 9 $116.00 $108.00 $116.72 $115.50 $116.95 $127.62 Nci Bid
2. 4" MJ 6 $226.00 $214.00 $228.80 $202.00 $235.45 $240.00 No Bid
3. 6" MJ 13 $288.00 $284.00 $290.50 $240.00 $299.88 $315.00 No Bid
4. 8" MJ 2 $449.00 $416.00 $458.00 $365.00 $464.98 $500.00 No Bid
ITEM #4 TOTAL $7,042.00 $6,780.00 $7,115.78 $6,101.50 $7,293.65 $7,683.58 No Bid
ITEM 1# 5A. - DUCTILE FITTINGS W/ACC
1.4" 45 Degree 81 1 $50.55 $52.15 $57.80 $25.50 $60.40 No Bid No Bid
2. 4" 90 Degree 81 1 $51.49 $53.85 $58.95 $26.00 $61.40 No Bid No Bid
3. 6" x 7" Solid Sleeve 2 $61.16 $61.41 $67.00 $32.50 $75.25 No Bid No Bid
4. 6" x 12" Solid Sleeve 2 $68.11 $69.48 $75.31 $39.00 $81.75 No Bid No Bid
5. 8" x 7" Solid Sleeve 2 $84.36 $84.67 $92.88 $42.50 $102.50 No Bid No Bid
6.8" x 12" Solid Sleeve 1 $93.20 $94.56 $102.68 $55.00 $110.75 No Bid No Bid
7. 6" 90 Degree 81 4 $69.37 $69.85 $76.82 $41.00 $83.10 No Bid No Bid
8. 6: 45 Degree 81 4 $65.89 $67.39 $72.77 $59.00 $79.50 No Bid No Bid
9. 8" 90 Degree 81 4 $101.69 $97.82 $112.31 $51.00 $119.15 No Bid No Bid
10. 8" 45 Deoree 81 4 $96.04 $101.06 $106.27 $59.00 $120.85 No Bid No Bid
SUB, TOTAL # 5 A $1,954.46 $1,976.16 $2,162.49 $1,174.50 $2,361.95 No Bid No Bid
ITEM #5B CAST IRON FITINGS W/ACC
1.4" Cleanout Sloe 9 $24.21 $32.00 $29.80 $31.00 $26.00 No Bid No Bid
2. 18" x 24 " Valve Box 48 $13.00 $13.28 $14.40 $16.00 $12.50 No Bid No Bid
3. 24" x 36" Valve Box 19 $19.00 $19.88 $18.90 $18.00 $17.70 No Bid No Bid
4. Valve Box Lid only 7 $4.10 $4.85 $5.00 $4.00 $6.15 No Bid No Bid
5.23-1/2" Manhole Ring & Cover 28 $78.00 $84.00 $104.40 $125.00 $112.00 No Bid No Bid
6.23-1/2" Manhole Ring & Cover w/Cltv Logo 10 $115.00 $119.00 $104;40 $130.00 $112.00 No Bid No Bid
SUB -TOTAL # 5 B $4,565.59 $4,879.11 $5,320.70 $6,217.00 $5,469.35 No Bid No Bid
ITEM # 5C.- CONCRETE MISCELlAENOUS
1. 3" Concrete Riser 48 $12.00 $14.68 $11.00 $13.00 $8.85 No Bid No Bid
2. Concrete Double Meter Fbx Lid onlv 10 $14.75 $16.85 $16.50 $32.50 $10.35 No Bid No Bid
SUB, TOTAL #5 C $723.50 $873.14 $693.00 $949.00 $528.30 No Bid No Bid
ITEM # 5D. - MISCELLAENOUS
1. Hydralock 12 $100.00 $96.17 $90.85 $90.00 $175.00 No Bid No Bid
2. 314" x 4" - 1/2" T Bllt w/nuts (Corten) 20 $0.50 $0.58 $1.57 $1.00 $0.55 No Bid No Bid
3. 314" x 4" - 1/2" EYE -Bolls w/nuts 26 $1.10 $0.76 $1.65 $1.20 $0.75 No Bid No Bid
4. 5/8" AlL Thread Rods (10' ) 140 $0.46 $4.80 $5.90 $0.79 $6.85 No Bid No Bid
5. 518" nuts 36 $0.12 $0.12 $0:20 $0.20 $0.12 No Bid No Bid
SUB . TOTAL # 5 D $1,307.32 $1,861.72 $1,997.70 $1,249.00 $3,093.82 No Bid No Bid
ITEM #5 TOTAL $8,550.87 $9,590.13 $10,173.89 $9,589.50 $11,453.42 No Bid No Bid
ITEM #6A - WATER METERS
1. 518" x 314" ~NSUS SR II 152 No Bid No Bid No Bid No Bid No Bid $36.00 No Bid
2. 1" SR Meier 7 No Bid No Bid No Bid No Bid No Bid $95.00 No Bid
3. 1-1/2' SR Meier 4 No Bid No Bid No Bid No Bid No Bid $250.00 No Bid
4. 2" Turbine Meier 1 No Bid No Bid No Bid No Bid No Bid $420.00 No Bid
5. 2" CoumDound Melel 4 No Bid No Bid No Bid No Bid No Bid $1,000.00 No Bid
SUB-TOTAL ITEM #6A $11,557.00
ITEM # 6 B, WATER METERS
SENSUS SR II (TRIR..)
1. 5/8" x 314" 152 No Bid No Bid No Bid No Bid No Bid $86.00 No Bid
2. 1" SR Meter 6 No Bid No Bid No Bid No Bid No Bid $135.00 No Bid
3. 1-1/2" SR Meter 3 No Bid No Bid No Bid No Bid No Bid . $290.00 No Bid
4. 2" Turbo Meter - 1 No Bid No Bid No Bid No Bid No Bid $515.00 No Bid
5. 2" CoumDound Metel 4 No Bid No Bid n No Bid No Bid No Bid $1,100.00 No Bid
SUB,TOTAL ITEM #6B No Bid No Bid No Bid No Bid No Bid $19,667.00 No Bid
ITEM #6 TOTAL $31,224.00 No Bid
ITEM # 7 FIRE HYDRANTS
CENTURION 250 A- 423 W/AQUA GRIP A27
1. 3' Fire Hydrant 1 No Bid No Bid No Bid $n5.00 $805.00 $870.00 No Bid
2. 4' Fire Hydrant 4 No Bid No Bid No Bid $825.00 $845.00 $912.00 No Bid
3. 5' Fire Hydrant 2 No Bid No Bid ND Bid $860.00 $875.00 $953.00 No Bid
4. 6' Fire Hvdranl 2 No Bid No Bid No Bid $900.00 $900.00 $993.00 No Bid
TOTAL ITEM #1 $7,595.00 $7.735.00 $8,410.00 No Bid
GRAND TOTAL $48,675.71 $51,921.59 $52,530.85 $62,896.83 $60,969.93 $47,317.58 $11,262.67
. NOT ALL ITEMS MET SPECIFICATIONS
. . NOT ALL SECTIONS OF THE ITEM WERE BID
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BIDDER'S LIST
SEALED BID # 0844- WATER & SEWER SUPPLIES
ACT PIPE & SUPPLY, INC.
8921 FREY ROAD
HOUSTON, TX 77034
GOLDEN TRIANGLE PIPE
P.O. BOX 20137
BEAUMONT, TX 77720
HUGHES SUPPL V, INC.
7022 EAST HAVEN BLVD
HOUSTON, TX 77017
MDN ENTERPRISES
P.O. BOX 1148
NEW CANEY, TX 77357
MUNICIPAL PIPE
6825 WALLlSVILLE
HOUSTON, TX 77020
U.$.FIL TER DISTRIBUTION
4053 HOMESTEAD ROAD
HOUSTON TX, 77028
POWER SEAL
P.O.BOX 2014
WICHATA FALLS 76307-2014
CHAMBER OF COMMERCE
P.O.BOX 996
LA PORTf; TX, 77571
BAYSHORE SUN - PUBLISH DATES
NOVEMBER 4, 2001
NOVEMBER 11, 2001
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: December 10, 2001
Requested By: S. Gillett "f~
Department: Public Works
Appropriation
Source of Funds: Solid Waste
Account Number: 001-7072-532-2015
Report: XX Resolution:
Ordinance:
Amount Budgeted: $155,500
Exhibits:
Bid Tabulation and Bidders List
Amount Requested:
$67,735
Exhibits:
Budgeted Item: YES
Exhibits:
SUMMARY & RECOMMENDATION
Sealed bid #0845 - Garbage Bags were opened on November 19, 200 I. Bids were solicited for
155,000 pounds of plastic garbage bags for the semi-annual handout scheduled for February 4
through February 22, 2002. Bids were sent to nine vendors, with four returning bids. Low bid
was submitted by Jadcore, Inc. in the amount of $0.437 per pound, for a total cost of$67,735.
This represents a 12% decrease over the last purchase in May 2001. H-GAC's current price is
$0.4925 per pound, or $77,620.
Action Required bv Council: Award bid for plastic garbage bags to Jadcore, Inc. in the amount
of $0.437 per pound, for a total cost of $67,735.
Approved for City Council A!!enda
'~~L~
obert T, Herrera, City Manager
11.'L.f -0\
Date
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BID TABULATION
BID #0845 - GARBAGE BAGS
JADCORE, DYNA-PAK AMERICAN AM SAN LONE STAR
DESCRIPTION QTY INC. CORP POLY TEXAS PLASTICS
1) Garbage Bags 155,000 $0.437 $0.499 $0.4925 $0.515 $0.560
Sub- Total $67,735.000 $77,345.000 $76,337.500 $79,825.000 $86,800.000
2) Fee N/A N/A $1,283.380 N/A N/A
TOTAL $67,735.000 $77,345.000 $77,620.880 $79,825.000 $86,800.000
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BIDDER'S LIST
SEALED BID #0845 - PLASTIC GARBAGE BAGS
ARROW INDUSTRIES
PO BOX 810489
DALLAS TX 75381.
BEMIS COMPANY
PO BOX 905
TERRE HAUTE IN 47808-0905
BOGEL SALES
PO BOX 2523
PORT ARTHUR, TX 77643
DYNA-PAK CORPORATION
P.O. BOX 967
LAWRENCEBURG TN 38464
GULF COAST BAG & BAGGING CO
3~14 WESTHOLLOW PARKWAY
HOUSTON, TX 77082
JADCORE, INC.
300 N. FRUITRIDGE AVE
TERRE HAUTE, IN 47803
LONE STAR PLASTICS
12023 BROWNING LANE
DALLAS, TX 75230
NOW PACKAGING COMPANY
5602 COUNCIL GROVE COURT
HOUSTON, TX 77088
RESOURCEFUL BAG & TAG
6420 WEST 127TH STREET, SUITE 212
PALOS HEIGHTS, IL 60463-2248
CHAMBER OF COMMERCE
P.O. BOX 996
LA PORTE TX 77572-0996
BAYSHORE PUBLISH DATES:
.NOVEMBER 4, 2001
NOVEMBER 11, 2001 .
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REQUEST FOR CITY COUNCIL AGENDA lITEM
Agenda Date Requested: December 10. 2001
Requested By: J.L. Sease I#"
I
Department: Emereencv Services
Appropriation
Source of Funds: General Fund Budeet
Account Number: 001-5051-522-8050
Report: -X-Resolution: _Ordinance: _
Amount Budgeted: $27,800
Exhibits: Memo from Susan Kellv
Amount Requested: $27.772
Exhibits: Bid Tabulation and Bid List
Budgeted Item: X YES
NO
Exhibits:
SUMMARY & RECOMMENDATION
Funds are allocated in the current fiscal year budget to purchase a:y.. Ton pickup for use by the
Fire Suppression Division Volunteer Officers to use on a check out basis to respond to calls. We
currently are using an old Blazer for this purpose and we are requesting to expand the project by
purchasing this Pickup. This purchase will allow an additional vehicle with emergency
equipment to respond to calls.
Bids were mailed to five vendors with three returned bids. The low bid meeting specifications,
was submitted by Philpott Ford, in the amount of $27,772.
Action Required bv Council:
Recommend that City Council award the bid for a:y.. Ton Crew Cab truck to Philpott Ford in the
amount of $27,772.
Approved for City Council A!!enda
Q~T.~
Robert T, Herrera, City Manager
J1,oL.{'Ol
Date
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CITY OF LAPORTE
INTEROFFICE MEMORANDUM
PfJRCHfi,SrhrG DrVrr:rGr\r
To:
Joe S~ase, Director of Emergency Services
Susan Kelley, Purchasing Manager "J~
Sealed Bid #0834 - 3/4 Ton Crew Cab, Diesel Engine w/4 Wheel Drive
From:
Subj:
Date:
November 28, 2001
Advertised, sealed bids # 0834 - 3i4 Ton Crew Cab, Diesel Engine w/4 Wheel Drive were
opened and read on November 26, 2001. Bid requests were mail~d to five (5) vendors
with three (3) returned bids.
Philpott Ford submitted the low bid meeting specifications, in the amount of $27,772.
Please submit your recommendation with an agenda request form by the pres~ribed time
before the next regular council meeting. If there is a need to delay bringing this bid before
council, please notify me.
Attachment Bid Tabulation
Bidder's List
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BID TABULATION
BID # 0842 - 3/4 TON CREW CAB, DIESEL ENGINE W/4 WD
LAWRENCE
PHILPOTT LAWRENCE MARSHALL
DESCRIPTION QTY FORD MARSHALL ALTERNATIVE
3/4 Ton Crew Cab, Diesel Engine 1 $27,772.00 $28,299.00 $31,239.00
with 4 Wheel Drive
Total . $27,772.00 $28,299.00 $31,239.00
BIDDER'S LIST
SEALED BID #0842
3/4 TON CREW CAB, DIESEL, 4 WHEEL DRIVE
LA PORTE 'FORD
621 HWY 146 SOUTH
LA PORTE TX 77571
LAWRENCE MARSHALL CHEV
PO BOX 983
HEMPSTEAD TX 77445
LES MARKS CHEVROLET
PO BOX 1119
LA PORTE TX 77572-0119
McREE FORD
PO BOX 577
DICKINSON TX 77539
PHILPOTT FORD
PO BOX 876
PORT NECHES TX 77651
CHAMBER OF COMMERCE
PO BOX 996
LA PORTE TX 77572-0996
BAYSHORE SUN PUBLISH DATES:
NOVEMBER 11, 2001
NOVEMBER 18, 2001
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Requested By:
Source of Funds: Capital Improvement Funds
Department: Emen!:encv
Account Number: 015-9892-802-1100
Report:
Resolution:
Ordinance: ----K-
Amount Budgeted: $250,000.00
Exhibits: COpy of Ordinance
Amount Requested: $99.227.55
Exhibits: COpy of Consultant Services A2:reement
Budgeted Item: X YES
NO
Exhibits: COpy of Certificate of Liabilitv Insurance
SUMMARY & RECOMMENDATION
The City of La Porte has identified a need to upgrade the entire communication systems within the
City, Staff identified the areas where they knew the City needed to improve and a Request for
Qualifications was prepared and sent to potential firms to respond. Four firms responded to the
request and a firm with the best qualifications was identified. The firm selected was RCC
Consultants, Inc. RCC Consultants, Inc. was requested to submit a cost proposal to the City for Phase
I of the project, Staff is recommending that the Council approve an ordinance hiring RCC
Consultants, Inc. to do Phase I of the Communications Project in the amount of $99,227.55. Phase I
of the project is a Needs Assessment, Conceptual System Design, and preparation of budgetary cost
estimates,
Action Required bv Council:
Approve an ordinance authorizing the City Manager to enter into a contract with RCC
Consultants, Ine, to perform Phase I of the Communications Project, in an amount not to
exceed $99,227,55,
Approved for City Council Ae:enda
,~~r,~
Robert T. Herrera, City Manager
-'~. y. 0 \
Date
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ORDINANCE NO. 2001-~/~
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE
CITY OF LA PORTE AND RCC CONSULTANTS, INC., TO PERFORM PHASE I OF
THE COMMUNICATIONS PROJECT, INCLUDING NEEDS ASSESSMENT, CONCEPTUAL
SYSTEM DESIGN, AND PREPARATION OF BUDGETARY COST ESTIMATES,
APPROPRIATING NOT TO EXCEED $ 9 9 , 227 . 55, 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 not to exceed
$99,227.55 from the City of La Porte Capital Improvement Fund
Account No, 015-9892-802-1100 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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ORDINANCE NO. 2001- 'O--5'/lt
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 10th day of December, 2001.
CITY OF LA PORTE
BY'~
rman . Mal ,
Mayor
. ATTEST:
~ti a. ;/<1//
Mart a A. Gillett,
City Secretary
APPROVED:
Knox W, Askins,
City Attorney
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~cc
January 2, 2002
Mr. Joe Sease
Director of Emergency Services
City of LaPorte
604 W. Fairmont Parkway
LaPorte, Texas 77571
Re: Consultant Services Agreement - Communications System Review
Dear Mr. Sease:
Enclosed is a fully executed copy of the referenced Agreement, which RCC has taken the
liberty of dating as of to day's date.
All of us at RCC are glad that this important project is now to move forward.
Best wishes for a Happy and Healthy New Year.
SJm;erely,
~~
Vice President
Encl.
cc: Gregory A. Munchrath, P.E.
RCC Consultants~ Inc.
100 Woodbridge Center Drive 0 Suite 201 0 Woodbridge, New Jersey 07095-1125 0 tel (732) 404-24000 fax (732)-404-2556
i." .
oJ .J. ,J ---:.-.--&S'
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CONSUL T ANT SERVICES AGREEMENT
j ff\J ltt~ '{ '2.., 'J.o 0')..-
THIS AGREEMENT is made and entered into as of S€lf)t{~mBer --12061, by
and between City of LaPorte, Texas ("Client") and RCC Consultants, Inc., a Delaware
corporation with headquarters offices at 100 Woodbridge Center Drive - Suite 201,
Woodbridge, New Jersey 07095-1125 ("RCC").
w ! T N E ~ ~ E T H:
In consideration of the mutual promises herein contained, the parties hereto,
intending to be legally bound, agree as follows:
ARTICLE I - ScoDe of Work
RCC shall perform all Phase I services set forth in that certain proposal, dated
February 23,2001, a copy of which is annexed hereto as Appendix "A" and incorporated
herein by this reference (the "SOW"). The SOW shall not be modified except by written
agreement of the parties hereto. Anything herein to the contrary notwithstanding, if and
to the extent Client requests RCC to perform additional services not included in the
SOW, absent a further written agreement between the parties, Client shall compensate
RCC for the performance of such additional services on a time and materials basis in
accordance with RCC's hourly rate schedule then in effect and the provisions of Article II
hereof.
ARTICLE II - Fees and Expenses
As comp-ensation for the services performed under this Agreement, Client shall
pay RCG a fee in accordance with this Agreement and RCC's price proposal, dated June
5,2001, a copy of which is annexed hereto as Appendix "B" and incorporated herein by
this reference. This fee shall be based on actual time and materials used by RCC to
perform the work. The amount shown on Exhibit "B" shall not be exceeded without
written permission from Client. Client shall reimburse RCC for all costs incurred by
RCC for travel, lodging, meals, and other out-of-pocket expenses related to the services
performed under this Agreement, and for third-party products and services procured by
RCC on Client's behalf, at RCC's cost therefor, plus an administrative charge equal to
ten percent (10%) of such cost. Each month during the term hereof, RCC will submit to
Client an invoice for the services performed and expenses incurred during the previous
month. Client shall pay RCC the amount on each such invoice within thirty (30) days of
receipt and any amount not paid within such thirty-day period shall accrue interest at a
rate equal to the lesser of (i) one and one-half percent (1.5%) per month, or (ii) the
highest rate permitted by law.
ARTICLE III - Submission of Reports
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During the term of this Agreement, RCC shall provide to Client or its designee
such oral or written reports as the latter may reasonably require, and as are specified in
the SOW.
ARTICLE IV - Period of Performance
The performance of RCC's services hereunder shall commence as soon as
practicable after the execution and delivery of this Agreement by both parties and, subject
to the provisions of ARTICLE VII hereof, shall terminate upon delivery by RCC of
materials and reports specified in the .SOW, and payment to RCC by Client for all
services performed and expenses incurred in connection with this Agreement.
ARTICLE V - Independent Contractor
RCC's relationship with Client shall at all times be that of an independent
contractor. The method and manner in which RCC's services hereunder shall be
performed shall be determined by RCC, in its sole discretion, and Client will not exercise
control over RCC or its employees except insofar as may be reasonably necessary to
ensure performance and compliance with this Agreement. The employees, methods,
equipment and facilities used by RCC shall at all times be under its exclusive direction
and control. Nothing in this Agreement shall be construed to designate RCC, or any of its
employees, as employees or agents of Client.
ARTICLE VI - Notice
Any notice, request or other communication to either party by the other
concerning the terms and conditions of this Agreement shall be in writing and shall be
deemed given when actually received by the addressee, having been hand delivered or
sent postage prepaid, by certified or registered United States mail, return receipt
requested, addressed as follows:
If to RCC:
RCC Consultants, Inc.
100 Woodbridge Center Drive - Suite 201
Woodbridge, New Jersey 07095-1125
Attn: Michael W. Hunter
President and Chief Executive Officer
With a copy to:
RCC Consultants, Inc.
10700 North Freeway - Suite 610
Houston, Texas 77037-1146
Attn: Gregory A. Munchrath, P .E.
Vice President and General Manager -
Southwestern Region
If to Client:
City of LaPorte
604 W. Fairmont Parkway
- 2 -
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LaPorte, Texas 77571
Attn: Joe Sease
Director of Emergency Services
The person and the place to which notices are to be mailed to either party may
be changed from time to time by notice given in accordance with the provisions of this
ARTICLE VI.
ARTICLE VII - Termination
Either party may terminate this Agreement at any time with or without cause by
giving thirty (30) days written notice to the other party, in which event Client's sole
obligations shall be to compensate RCC for work actually performed and expenses
incurred up to the date of termination. In no event will any payment pursuant to this
ARTICLE VII exceed the compensation provided for in ARTICLE II.
ARTICLE VIII - Confidentiality
RCC shall not publish, copyright, or otherwise disclose or permit to be disclosed
or published, the results of any reports to Client concerning the work to be performed
pursuant to this Agreement, or any particulars thereof, including forms or other materials
developed exclusively for Client in connection with the performance by RCC of its
services hereunder during the period of this Agreement, without prior written approval of
Client. RCC, cognizant of the sensitive nature of much of the data supplied by Client,
agrees to protect the confidentiality of any information designated by Client to be
privileged or proprietary except to the extent that (i) such information enters the public
domain, (ii) is obtained by RCC from independent third parties not subject to any
confidentiality or similar agreement with Client, or (iii) disclosure of such information is
required by law, rule or regulation or the valid order of a court or administrative agency.
ARTICLE IX - Personnel
A. Notwithstanding the provisions of ARTICLE V hereof, RCC will assign
qualified professional personnel and other RCC support staff, as necessary, to complete
the services contemplated by this Agreement. In the event that the employment of any
such person should be terminated prior to the termination hereof, then in such event RCC
shall, at its discretion, assign such other persons, as necessary, to complete the services.
B. Client understands and agrees that RCC has a significant investment in the
recruitment, training, and deployment of its personnel and that, if such personnel are
hired directly by Client, then RCC will incur substantial direct costs to recruit, train, and
deploy new personnel of similar quality and experience and will suffer concomitant
disruption of its business interests. Therefore, in order to preserve and further the
positive business relationship between Client and'RCC, it is agreed that, during the term
hereof and for a period of one (1) year after the completion or earlier termination of this
Agreement: (1) If Client hires, or induces any other person, firm or entity to hire, an
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RCC employee, or any person that was an RCC employee within the preceding three-
month period, then Client will pay a release fee to RCC equivalent to the greater of: (a)
thirty percent (30%) of the annual compensation (including salary, bonus, and other
compensation such as sales commission and deferred compensation) that Client or such
other person, fIrm or entity has agreed to pay to such person; or (b) the actual costs
incurred by RCC in connection with the recruitment, training, and deployment of a new
RCC employee of substantially equal skills and experience. (2) Such release fee will be
billed by RCC to Client when the candidate formally accepts the position offered by
Client or such other person, fIrm, or entity and is due and payable upon receipt ofRCC's
InVOIce.
ARTICLE X - Indemnitv / Liabilitv
RCC will indemnify Client and hold it, and its officers, agents, representatives
and employees harmless from any and all claims, damages, costs, including attorney's
fees, and liabilities of any kind directly resulting from the willful misconduct of RCC or
its employees, representatives, or agents or the negligent performance of RCC's
obligations under this Agreement; except to the extent such claims, damages, costs and
liabilities result from the negligence or willful misconduct of Client or its employees,
representatives, or agents. In no event shall RCC be liable for lost profits, special,
incidental, consequential, or indirect damages suffered by Client. The parties agree that
in no event will RCC'S liability exceed the amount of compensation paid to RCC by
Client, or RCC's insurance coverage, whichever is less.
ARTICLE XI - Insurance
RCC shall take out and carry during the entire term of this Agreement, property
damage insurance and general public liability insurance with adequate limits to protect
both RCC and Client from liability. RCC shall insure the payment of compensation to its
employees in accordance with applicable Worker's Compensation Laws. RCC will
maintain adequate General Liability and Auto Liability insurance. RCC will provide
Client with a Certificate of Liability Insurance evidencing the insurance coverage
provided for herein.
ARTICLE XII - Taxes. Unemplovment Insurance and Related Items
RCC hereby accepts full and exclusive responsibility for the payment of any and
all contributions or taxes, or both, for any unemployment insurance, medical and old age
retirement benefIts, pensions, and annuities now or hereinafter imposed under any law of
the United States or any State, which are measured by the wages, salaries or other
remuneration paid to persons employed by RCC on the work covered by this Agreement
or in any way connected therewith; and RCC shall comply with all administrative
regulations and rulings thereunder with respect to any of the aforesaid matters; and RCC
shall reimburse Client for any of the aforesaid contributions or taxes, or both, or any part
thereof, if by law Client may be required to pay the same or any part thereof.
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ARTICLE XIII - General
A. Modifications - This Agreement or any part thereof may not be modified,
except by written agreement of the parties signed by the duly authorized representatives
of the parties.
B. No Waiver - No omission or delay by either party to this Agreement at any
time to enforce any right or remedy reserved to it, or to require performance of any of the
terms of this Agreement, shall be a waiver of any such right or remedy to which either
party is entitled, nor shall it in any way affect the right of either party to enforce such
provisions thereafter.
c. Applicable Law - This Agreement shall be governed by and construed in
accordance with the laws of the State of Texas.
D. Severability - If any provisions of this Agreement shall be held to be
invalid, illegal or unenforceable, the validity of all other provisions hereof shall in no way
be affected thereby.
E. Successors and Assigns - Neither party shall assign or transfer this
Agreement or any of its rights hereunder without the prior written consent of the other
party, which consent shall not be unreasonably withheld or delayed. Any request to
assign or transfer this Agreement shall be deemed to be granted if the recipient of such a
request has not acted upon such request within thirty (30) days of its receipt.
Notwithstanding the foregoing, RCC shall have the right, without the consent of Client,
to assign this Agreement and its rights and obligations hereunder to RCC's parents,
subsidiaries or affiliates or to any partnership in which RCC or any parent, subsidiary or
affiliate of RCC is a general partner, or to a successor of RCC by consolidation or merger
or to a purchaser of all, or substantially all, of RCC's assets. This Agreement shall inure
to the benefit of the parties and their respective permitted successors and assigns.
F. Force Majeure - In the event that performance by either party of any of its
obligations or undertakings under this Agreement shall be interrupted or delayed by any
occurrence not occasioned by the conduct of either party hereto, whether such occurrence
be an act of God such as lightning, earthquakes, floods or other like causes, the common
enemy, the result of war, riot, strike, lockout, civil commotion, sovereign conduct,
explosion, fire or the act or conduct of any person or persons not a party to or under the
direction or control of a party hereto, then such performance shall be excused for such
period of time as is reasonably necessary after such occurrence to remedy the effects
thereof.
G. Entire Agreement - This Agreement constitutes the entire Agreement
between the parties and supersedes all previous agreements and understandings relating
to the services to be performed under this Agreement. The terms and conditions
contained in any purchase order issued by Client, to the extent not in conflict with the
terms and conditions contained in this Agreement, are incorporated herein by this
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reference.
H. Counterparts - This Agreement may be signed in any number of
counterparts, each of which shall be deemed an original, but which together shall
constitute one and the same instrument.
I. Dispute Resolution - The parties will attempt in good faith to resolve any
controversy 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.
The disputing party shall give the other party written notice of the dispute. Within ten
(10) 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 will represent that party. The executive shall
meet at a mutually acceptable time and place within twenty (20) days of the date of the
disputing party's notice and thereafter as often they reasonably deem necessary to
exchange relevant information and to attempt to resolve the dispute.
If the controversy or claim has not been resolved within thirty (30) 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.
If the matter has not been resolved pursuant to the aforesaid mediation procedure within
sixty (60) 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.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be executed by their duly authorized representatives as of the date first written above.
ATTESTIWITNESS:
CITY OF LaPORTE, TEXAS
BY~~1
Name: 6/
Title: r JLy S ecr N:try
ByQM 1"': \..l~
Name: /!oAer-l-7i lIt!'f/e/Q
''ty-
Title: Cf . /nd/;1~i"
ATTESTIWITNESS:
RCC CONSULTANTS, INC.
By: ~- ~~~/~
,.
Name: ~"e,yAet2- W.#(/~
Title: .!'7/Z(iS"I.(?GN7/ c&c:J
f
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APPENDIX A
SECTION 1
Our Understanding
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SECTION 1
Our Understanding
1.1 Our Understandine of the Current Situation
The City of La Porte currently operates in the VHF (150 MHz) frequency band, with a
single repeated channel for Police and EMS, plus a single repeated channel for Fire.
Both Police and Fire have voting receiver sites to enhance portable radio coverage
throughout the city area. Both agencies also have the appropriate State Wide VHF radio
channels available to them. However, it has been RCC's experience that agencies of your
size are very constrained in their operations by having to do dispatch and coordinate
incidents all on the same channel.
There is also a simplex (non-repeated) channel used by all other city departments. Again,
this situation likely causes extreme radio channel congestion for the end users.
The City has a primary PBX operating at City Hall with Public Works, Police and Fire
having off premise extensions from this system into their own local telephone systems.
The other agencies also have their own direct lines into their systems. In addition, many
other city buildings have their own direct lines. We can only assume that this situation
may cause some confusion on the part of citizens trying to reach various departments
though the City Hall PBX, wherein it may be impossible to transfer the caller to the
appropriate person. .
The City operates two IBM AS-400 systems, combined with a number of Local Area
Network servers housed both in City Hall and in other facilities. All servers are
connected to the primary servers in City Hall via leased TI or ISDN channels.
1.2 Proiect Goals
As we understand, the primary goals of Phase I of the project is to perform a detailed
review of all communications systems, determine requirements for systems.
improvements and provide recommendations,. along with budgetary cost estimates, to
implement the improvements.
Phase II of the project will encompass developing detailed designs for approved
improvements, acquiring vendor proposals and selection/contract negotiations for the
new equipment and services.
The goal of Phase III will be to successfully implement the new systems, provide
acceptance testing and assure appropriate end user training prior to actual system cutover.
City of La Porte, TX
Proposal- 2/23/01
Section 1, Page 1
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SECTION 2
Our Approach
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SECTION 2
Our Approach
2.1 General Approach
Any successful consulting project is a result of three factors:
· A competent team of consultants, knowledgeable in the specific issues facing
the client
ED A proven methodology which provides discipline and focus to the consulting
team's efforts
l!t Strong communications between the client and project team regarding the
team's progress
Our proposed project team consists of full-time RCC personnel whose background and
prior experience include the skills necessary to successfully complete this project. The
team will be directed from our Houston office with particular emphasis on those key
individuals who have worked with Local Government and Public Safety Services
providers and have up to the minute experience in the communications issues facing the
City of La Porte. .
The methodology we propose is designed to provide the City of La Porte with an
unbiased assessment of specific radio and voice/data telecommunications needs and
provide recommendations for developing and implementing the selected technologies.
Our approach to a total project, which will support the City of La Porte through
implementation of the new and/or upgraded systems is divided into three phases. Each
phase is followed by a logical breakpoint, which allows management review and
approval before continuing with the next phase.
The three phases provide a comprehensive and structured means of:
· Phase I - Assessing the City of La Porte's telecommunications needs and
requirements and translating those needs into an implementation
strategy. This includes a Needs Assessment, Conceptual Alternatives,
Budgetary Cost Estimates, and a Final Report with recommendations.
· Phase II - Detailed system design, specification development, Requests for
Proposals, proposal solicitation, vendor evaluation, and contract
negotiation.
· Phase III - Implementation assistance for equipment installation, system testing,
performance evaluation, and final system acceptance.
City of La Porte, TX
Proposal- 2/23/01
Section 2, Page 1
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2.2 Proiect Worknlan
Phase I: Needs Assessment
~ Task 1 - Proiect Initiation and Team Orientation
· Defme City of La Porte's project team members and desired roles
· Review project scope, objectives, plans, and requirements with the project team
· Review our current understanding of the radio, telephone and data
communications operations and the nature of operating relationships among the
various service areas and agencies
· Prepare finalized Phase I plans, calendar, and milestones including:
Complete list of tasks, timetables,.deliverables, and meeting schedules
Schedule progress meetings for key milestones, in addition to regular contact
with the project team
.:. Deliverables include:
Project Team Organization Chart
Updated. Phase I project work plan
~ Task 2 - Understand Current System and Issues
· Assemble and review a listing of the communication equipment and networks
Description of existing two-way radio network, dispatch locations and tower
sites
Existing listing(s) of equipment and FCC licenses
Existing and/or planned data communications networks
Information, billing and maintenance' contracts on telephone systems
· Collect relevant forms, reports, statistical data, and existing documentation. This
data collection will assist RCC in understanding or verifying:
How major functions are performed
The flow of voice and data information through the city's various service
areas
User perceptions of the existing system's (voice, data, radio) effectiveness,
and opportunities for improvement
Maintenance problems/concerns relating to the existing systems
Traffic/call volume data will be requested during this task
City of La Porte, TX
Proposal- 2/23/01
Section 2, Page 2
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· Review capabilities of existing communications facilities, including:
Adequacy of existing facilities, and their ability to support future
communications requirements
Age and suitability of existing communication facilities, available space for
new equipment, and any construction necessary to develop these facilities
)> Task 3 - Interview Personnel
· Interview City of La Porte personnel to determine the specific operational needs
for new system's, both currently and projected through at least the next five years.
For purposes of this proposal, five group interviews have been included.
Additional interviews can be added, if deemed necessary by the city.
Typically, an interview session requires about one half of a day of professional
time (two hours interview time, two hours documentation). The anticipated
individuals/groups to be interviewed include:
)> City Manager & Assistant City Manager
)> Police Department
)> FirelEMS Department
)> Public Works Department
)> City IT Department
The interview sessions for radio user departments are generally preceded by a
questionnaire, which will be reviewed during the interview.
... Prepare typed interview summaries to be returned to each person or group
interviewed for review and approval. This helps ensure that our engineers clearly
understood the messages conveyed during the interviews and provides
interviewees an opportunity to make changes or additions if needed.
.:. Deliverable:
Interview Summaries
City of La Porte, TX
Proposal- 2/23/01
Section 2, Page 3
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~ Task 4 - Analyze Requirements and Needs
Analyze user requirements and needs, including:
· Radio coverage requirements for vehicular based mobile radios, portable radios
on street, & in buildings. Specific characteristics about how users use their
portable radios will be addressed. Portable radios generally operate with lower
transmitter power and less efficient antenna systems which necessitates a different
infrastructure configuration. These issues must be addressed to help ensure that
final system performance matches the users' expectations.
· Departmental interoperability needs
· Equipment requirements, including forecasted growth
.. System redundancy issues including backup equipment, system control links and
auxiliary power systems for critical components.
lID Telephone intercommunication needs among departments and requirements for
Voice Mail, Automated Attendant and Automatic Call Distribution
o Telephone access to city departments by citizens
o Current and forecasted requirements for both Local and Wide Area Networking
within and between various city departments.
.:. The deliverable for this task will be a section in the Needs Assessment Report
which summarizes the needs and requirements for the new system's.
~ Task 5 - Develop Conceptual Approaches and Budgetary Cost Estimates
Develop conceptual system approaches capable of meeting the city's radio and
voice/data needs and requirements. The conceptual alternatives will incorporate
redundancy and backup issues and will consider both public and private networks.
Consideration will be given to reusing city resources whenever possible.
· Develop conceptual system configurations, which can be utilized to Improve
overall communications in:
,.. Two- way radio communications
,.. Voice and data communications
G Deliverables include:
Conceptual System's Alternatives
Budgetary cost estimates for each system alternative
City of La Porte, TX
Proposal- 2/23/01
Section 2, Page 4
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> Task 6 - Preoare and Present Reoort
· Review findings' recommendations with the City of La Porte project team and
finalize conclusions. Provide documentation to support recommendations and
conclusions
· Prepare a draft of the final report identifying all of the work completed to date,
specific findings, system alternatives, implementation strategies for the short and
long-term, and budgetary estimates to acquire the approved technologies. The
report will include an implementation plan outlining the estimated time frames
required to implement system improvements.
· Present draft report for comments by the project team and modify, if appropriate.
.. Present final report to City of La Porte.
In many such projects, funding of system implementation often requires a City
Council approval. RCC has developed numerous presentations to public and private
officials, and if deemed appropriate, RCC will assist the City of La Porte project team
in development of a presentation to the City Council. Oral presentations by RCC to
the Council would be optional and we would quote costs based on the time and
number of trips required for presentations.
City of La Porte, TX
Proposal - 2/23/01
Section 2, Page 5
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Phase II: Detailed Desien. FCC Licensine:. RFPs. and Vendor{s) Selection
The focus of Phase IT is to refine the selected conceptual system approach, develop detailed
specifications and Request for Proposals (more than one may be required), evaluate vendor
responses and select the best system(s) for City of La Porte.
The detailed system design would be incorporated into each Request for Proposals. The RFP's
would be the basis upon which each proposal would be judged. Each vendor should be required
to respond to all sections of the RFP and include, where applicable, which features are optional
and at what cost. In addition, vendors should be required to submit the cost data separately to
enable the project team to evaluate technical responsiveness apart from costs. This approach
assures objectivity during the vendor evaluation.
The RFPs would address specific technical and procedural areas, as well as support areas such as
training and maintenance. These areas include:
Cl RFP Response Procedures
a System Functional and Operational Requirements
o System Design and Performance
G> Equipment Design and Performance
o Optional Equipment
(l) Maintenance Options and Local Support
o SystemN endor Information and Qualifications
CD Installation Requirements
ell Training Requirements
~ Task I - Project Initiation and Team Orientation
GD Review Phase II scope, objectives, plans, and requirements with the appropriate
team members
· Prepare detailed plans, calendar, and milestones including:
Completing list of tasks, timetables, deliverables, and meeting schedules.
Progress meetings proposed on an approximate monthly basis, in addition to
regular contact with City of La Porte personnel
.:. Deliverable consists of a Phase IT work plan
City of La Porte, TX
Proposal- 2/23/01
Section 2, Page 6
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}> Task 2 - Develop Detailed System Designs
· Develop detailed system designs including finalized system configurations,
system functionality, uptime, capacity, and response requirements, and hardware/
software lists for user equipment.
· Review detailed designs with the City of La Porte project team and modify if
necessary.
}> Task 3 - Assist in Preparation of FCC/F AA Licensing Documents. if reauired
CD Assist City of La Porte in the preparation of the frequency coordination request
and FCC Form 600, if needed. Assist City of La Porte with FAA filings should
new tower sites be required.
o All frequency coordination and FCC licensing fees would be paid by City of La
Porte.
}> Task 4 - Develop RFP's
.. Develop draft RFP's including:
Description of existing systems and services, project background, goals, and
objectives
Administrative requirements including response format, due date, place and
person to whom responses should be addressed, bidders' conference schedule,
and evaluation criteria (if desired)
Technical requirements including functional and administrative requirements,
site preparation, radio coverage, throughput capacity, implementation, system
testing and acceptance, back-up/recovery, product reliability, and performance
requirements
Business requirements including cost sheets for communications equipment,
discounts available, maintenance, training, upgrades and expansions,
fmancing proposal options, vendor information, and legal and insurance
requirements
· Review the draft RFPs with the City of La Porte project team and modify draft
accordingly if necessary
· Issue the RFPs to the qualified vendors and schedule a bidder's conference
approximately fifteen (15) days after the issuance of the "RFPs
e Assist City of La Porte in conducting the bidder's conferences and give the
vendors an opportunity to ask questions or clarify information in the RFPs
City of La Porte, TX
Proposal- 2/23/01
Section 2, Page 7
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· Allocate an appropriate amount of time for vendors to prepare responses,
depending on the scope of the project.
.:. Deliverables:
Approved RFPs
Bidder's conference documentation
)> Task 5 - Develop Prooosal Evaluation Criteria and Evaluate Responses
· Define evaluation criteria for:
Vendor qualification
System performance, expansion capabilities and versatility
System redundancy
Overall cost including initial purchase and support
Availability of maintenance support and spare parts locally
System Training
Organization and quality of proposal and oral presentation
· Review evaluation criteria with City of La Porte project team
· Utilize established evaluation criteria and review all vendor proposals
., Arrange off-site visits to view vendors' proposed systems in operation at other
customers' premises
· Attend oral presentations by vendors
<D Provide the City of La Porte team with written results of the evaluation process
and vendor recommendations
.:. Deliverables include:
An evaluation criteria for vendor proposals
Proposal clarification addenda
A written evaluation report
City of La Porte, TX
Proposal - 2/23/01
Section 2, Page 8
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}> Task 6 - Assist With Contract Negotiations
· Assist CitY of La Porte in the review of vendor contracts. Our assistance does not
include legal representation, but rather help in identifying clauses or statements
that are not in the company's best interest. The company's legal council should
also review all contract documents.
· Develop initial Acceptance Test Plans (ATPs). Our experience has shown that
acceptance testing procedures and requirements are more readily agreed to by
prospective vendors during the contract negotiation process. Stringent test
requirements may be more difficult to negotiate after the purchase contract is
signed.
City of La Porte, TX
Proposal- 2/23/01
Section 2, Page 9
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Phase III: Project Manaeement. Performance Evaluation. and Final System AcceDtance .
The focus of Phase III is to help ensure proper installation planning, adequate user training,
acceptance testing, and a coordinated cut-over to the new mobile data network.
The following paragraphs describe, in general, the major activities in Phase III.
)- Task 1 - Proiect Initiation and Team Orientation
<>> Review Phase III scope, objectives, plans, and requirements with the appropriate team
members
() Prepare detailed plans, calendar, and milestones including:
Complete list of tasks, timetables, deliverables, and meeting schedules
Progress meetings proposed on an approximate monthly basis, in addition to regular
contact with team members
.:. Deliverable consists of a Phase III workplan
)- Task 2 - Attend Vendor Design Review Meeting(s)
CD Attend vendor design review meeting(s) at City of La Porte to discuss and review the
successful vendor's final system design and implementation schedule.
~ Task 3 - Monitor Progress and Resolve Issues
CD Monitor vendors I compliance with the proposed implementation schedule
(9 Inspect the assembled systems at the appropriate staging areas
(Jl ConGluct "as needed" on-site inspections of installed equipment at the various locations
o Notify vendor of discrepancies, if they occur
(!) Coordinate the resolution of implementation problems, if they occur
G Prepare monthly project status reports, conduct on-site monthly project implementation
meetings, and monitor vendor's progress billing
.:. Deliverable:
Implementation progress reports
City of La Porte, TX
Proposal- 2/23/01
Section 2, Page 10
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)> Task 4 - Develop Final Acceptance Test Program and Assist the Team in Acceptance Testing
o Utilizing the initial A TP developed at the conclusion of contract negotiations, work with
City of La Porte's technical staff to develop final acceptance testing. procedures for the
new systems including:
Equipment delivery
Equipment installation (physical and electrical)
Functional operation including software
Radio coverage
System response times
Recovery from failure
30 day operation without a major failure
Q Work with City of La Porte's technical staff to monitor acceptance testing prior to system
acceptance.
.:. Deliverables include:
Acceptance Testing Plan
Acceptance Testing Results
)> Task 5 - Assist in the Training and Cut-over to the New Communication Systems
G) Assist the Team in developing a system cut-over plan, coordinate City of La Porte's
needs with the successful vendor to help ensure a smooth transition to the new system
CD Assist City of La Porte and the vendor in the development and scheduling of user training
.
Cij) Monitor system cut-over and first days of service for each involved system
.:. Deliverable is a cut-over plan
City of La Porte, TX
Proposal- 2/23/01
Section 2, Page 11
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2.3 Summary of Deliverables
Timely completion and delivery of the communication products and services required by
City of La Porte are dependent on realistic planning, monitoring of the project, timely
quality control, and identification of slippages in the work schedule. We have provided
for each of these by virtue of our approach and methodology. In achieving the objectives
of this project, City of La Porte will be provided with the following deliverables in:
~ Phase I
· A detailed work plan prepared at the beginning of the project
· Interview summaries
· Alternative system designs and Budgetary Cost Estimates
o A final Needs Assessment Report comprising the in-depth assessment of radio,
voice & data communications needs, findings, conclusions, budgetary costs, and
appropriate recommendations for system configurations
In the event that City of La Porte needs RCC's assistance in Phases IT and ITI, the
anticipated major deliverables from the projected follow-on phases of our work plan
include:
~ Phase IT
· A detailed work plan prepared at the beginning of Phase IT
· Monthly progress reports
· Detailed system designs
G Completed FCC/F AA licensing forms
o Approved Request for Proposal
· Documentation of bidder's conference
· Vendor evaluation of all proposals submitted
· Assistance with vendor contract negotiations
~ Phase ITI
· A detailed work plan prepared at the beginning of Phase III
· Monthly implementation progress reports
· Detailed installation schedule
· Acceptance Test Plans
· Documented A TP results
City of La Porte, TX
Proposal- 2/23/01
Section 2, Page 12
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2.4 Project Malllaeement and Control
RCC has developed project administration standards which we will use on this project.
Our standards set forth a uniform, documented method of administering projects. These
standards will provide the means to effectively monitor and control an important project
such as this one.
Included in the standards is a method for initiating and maintaining an indexed file of all
work papers, such as interview notes, memos, status reports, etc., complied and
catalogued during the life of the project. This indexed set of work papers would be
organized in the same phase/task/sub-task sequence as the detailed work plans. All
information will be available to any authorized City of La Porte staff.
To achieve effective project control, project team personnel will:
Ell Develop detailed work plans to the phase and task level
o Schedule and assign the work on a task-by-task basis
o Check interrelated tasks to give reasonable assurance that there are no
scheduling conflicts
· Estimate the time required to perform each task
.. Develop staff requirements
· Compare project progress against the original work plan's completion dates
· Report project status
In summary, effective control of this project will rest on three key elements:
· Detailed work plans and well documented working papers
· A strong team organization staffed with experienced consultants
· Frequent communications with City of La Porte personnel
City of La Porte, TX
Proposal- 2/23/01
Section 2, Page 13
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SECTION 3
Profile of RCC Consultants, Inc.
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SECTION 3
Profile of RCC Consultants, Inc.
3.1 Introduction to RCC Consultants. Inc.
RCC Consultants, Inc. (RCC) is an independent consulting firm specializing in providing
consulting services for public and private industry. We currently employ a staff of over 120
people, of which approximately 50 are degreed engineers. Our services include system
analysis, evaluation, planning, engineering design, development, project management, testing
and licensure ofIand mobile communications systems, Mobile Data Communication (MDC)
systems, Automatic Vehicle Location (A VL) systems, Computer Aided Dispatch (CAD) and
Records Management (RMS) systems, Enhanced 9-1-1 Systems, Geographic Information
Systems (GIS), Rural Addressing, PBX systems, and Wide and Local Area data networks, for
our clients in the following business categories:
CD Local Government
e Public Safety
o Emergency Medical Services
o Public Transit
o Industrial
o Utilities
CD Commercial
I) Cellular
o Transit
I) Radio Common Carrier
RCC is staffed by personriel with extensive practical experience in both the technical and
human engineering aspects of communications systems. Our expertise includes the design,
integration, and implementation of the following systems and sub-systems:
· 800-935 MHz trunking radio systems providing local, wide-area, statewide or
nationwide radio coverage
· Conventional two-way radio systems in all currently available frequency bands
· Mobile data systems (MDT)
· Automatic Vehicle Location systems (A VL)
· Computer Aided Dispatch (CAD)
· Records Management Systems (RMS)
City of La Porte, TX
Proposal- 2/23/01
Section 3, Page 1
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· Geographic Information Systems (GIS)
· Simulcast systems - for paging and land mobile radio systems
· E 9-1-1 systems, including MSAG database
· Design of Public Safety Dispatch centers
· Telephone PBX systems with Voice Mail & ACD
· Local and Wide Area Data Networks
lit Data transmission and carrier systems
€II Fiber optic transmission systems
· Public address and information systems
· Microwave radio networks
() Subscriber and/or private RF paging
o Mobile telephone ~ conventional and cellular
o Alarm and control systems
Cfl Supervisory Control and Data Acquisition (SCADA)
GI) Antenna site engineering and management
· Point to multi-point data systems in the 900 MHz band
· Radiating cable systems for tunnels and subsurface communications
In the 800 MHz Trunked Radio arena, we have been competitively awarded .over 60 projects.
Our staff has up to the minute experience, since we have several trunked radio projects
currently underway. Our radio system experience ranges from small systems to very large
systems such as our project with the Commonwealth of Pennsylvania which involves 88
counties and supports 15,000 radios. The City of Atlanta selected RCC to develop and
implement a new citywide trunked radio system to help support the 1996 summer Olympics
which were held in Atlanta. We recently completed the conceptual design for a system to
support all agencies in the State of Texas with almost 30,000 radios.
Our staff has developed and fully implemented Motorola, Com-Net Ericsson, and E.F.
Johnson radio systems. A summary listing of some of our projects has been provided in this
proposal.
City of La Porte, TX
Proposal- 2/23/01
Section 3, Page 2
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In the Mobile Data Systems (MDT) arena, RCC has more experience developing and !
implementing systems than any other consulting firm in the United States. RCC designed and
implemented the Bell South Wireless Data Network, currently operational in over 200 U.S.
cities with almost 2000 tower sites. .
In the CAD systems arena; we have assisted many cities and counties in the development and
implementation of CAD and Records Systems including:
o City of Austin, TX
CD City of Bellevue, WN
CD City of Edmond, OK
o City of Harlingen, TX
G) City of Humble, TX
Gl City of Kearney, NJ
GD City of Mesquite, TX
o City of Odessa, TX
· City of San Angelo, TX
· Dallas-Fort Worth Airport, IX
· Union Township, OH
· Collier County, FL
· Gaston County, NC
· Nassau County, NY
· Oswego County, NY
RCC staff members have designed and implemented PBX systems for a variety of clients,
including the City of College Station, the City of San Marcos, and the City of Arlington here
in Texas. Many of these systems supported remote nodes connected via fiber optic cable and
incorporated both V oiceMail systems and Automatic Call Distribution for large city
departments.
We have also designed a variety of both Local and Wide Area data networks, including a
SONET ring for the City of Los Angeles and a fiber cable network intended to interconnect
355 buildings for the City and County of San Francisco.
IncorPorated in January of 1983, RCC is a wholly-owned subsidiary ofT.T.I.L.L.C. We
maintain offices in the following locations:
· Woodbridge, NJ (Headquarters)
· Andover, MA (near Boston)
· Phoenix, AZ
· Richmond, VA
· Houston, TX (southern regional office)
· San Francisco, CA (western regional office)
· Costa Mesa, CA
· Tallahassee, FL
· Reno, NY
· Portland, OR
· Los Angeles, CA
· Sacramento, CA
· Dallas, TX
· Chicago, IL
· Damascus, MD (DC area)
· Odenton, MD
· St. Louis, MO
· Harrisburg, PA
· Indianapolis, IN
· London, England
City of La Porte, TX
Proposal- 2/23/01
Section 3, Page 3
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3.2 Computer Resources
RCC owns and operates numerous in-house computer systems. The hardware is categorized
as follows:
· Over 170 Windows based microcomputers. These computers are used for
engineering, word processing, financial analysis, terminal emulation and data
base management functions.
· 12 Sun Ultra work stations with 21ft SUN monitors. These work stations support
a variety of software applications, including our proprietary propagation (radio
coverage) analysis system and microwave path design. Each propagation analysis
system represents an investment of approximately $150,000. Our Houston office
has one of these systems.
· Miscellaneous equipment includes color inkjet plotters, image scanners, LaserJet
printers, etc.
RCC maintains a number of in-house databases to assist us in propagation (radio
coverage) analysis, radio tower searches, airport searches etc. These databases
include: ,3 arc second terrain data of the entire U.S., all FCC licensed radio towers in
the U.S., and location and layout of all U.S. airports.
3.3 Propaeation (Radio Coverae:e) Analvsis
When upgrading an existing radio or mobile data system or developing' a new system,
propagation (radio coverage) analysis becomes an essential part of the planning and
d~signing process. After evaluating several of the commercially available PC based
propagation modeling systems, RCC elected to develop its own in-house analysis, system
which provides superior performance and includes a number of popular propagation models
including Okumura, Okumura Adaptive, Walfish Ikigami, Carey, Bullington, Lee, and
Longley-Rice. Our system, known as Romulus, provides propagation (coverage) analysis,
frequency reuse (interference) analysis, simulcast system design, terrain path profiling, tower
searches, microwave path engineering, and more in a single integrated system.
The Romulus system provides an interactive mobile radio and microwave propagation and
terrain analysis tool that allows our staff to effectively analyze radio communication sites and
microwave paths. The system can overlay land-mobile coverage predictions on maps of
virtually any scale. In addition, it can display the vertical terrain cross-section between any
two points on the map. This feature helps analyze terrain problems, such as hills or valleys,
that will affect radio coverage.
City of La Porte, TX
Proposal- 2/23/01
Section 3, Page 4
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Romulus can produce coverage maps at various scales using U.S. Geological Survey
topographic maps or virtually any city or parish maps currently.used by the City of LaPorte.
Coverage maps displaying radio coverage are produced to allow design comparison of
various combinations of antenna sites.
.'
Romulus accommodates a large number of sites with ease; our engineers frequently provide
composite coverage plots covering over 250 repeater site locations.
Terrain and land-use, land-cover information greatly enhances the engineer's ability to select
sites which meet the performance requirements for the system. Terrain profiles can be
accomplished at the touch of a button, to help analyze problems that affect radio coverage.
Romulus represents the state of the art in radio systems engineering tools. In addition to
Romulus, RCC has developed a unique computer controlled signal strength measurement
system that has been designed for installation in standard passenger automobiles. The system
allows measurement of field radio signal levels at intervals varying from 14 to 1,000 or more
points per wavelength, depending on the radio frequency and vehicle speed.
. The system has a precision, laboratory-grade spectrum analyzer interfaced to a Global
Positioning System (GPS) receiver to provide highly accurate signal measurements and
location data. The GPS receiver is a satellite-aided navigation unit that continuously
monitors its position.
The spectrum analyzer measures incoming signals on a specific frequency and downloads
each sweep to a portable computer. When the computer records a signal measurement, it
prompts the GPS receiver for its current position and records both the signal level and
location information on disk. Stored signal level and location information are then retrieved,
plotted and analyzed. The field strength measurement system is completely automatic,
requiring human intervention only for initialization and termination of test runs. This system
helps us verify that our clients really get the radio coverage promised in Vendor proposals.
A brochure containing additional information about Romulus has been included with our
proposal.
3.4 Absence of Conflict of Interest
RCC is not affiliated with any vendor or manufacturer of radio communication equipment.
3.5 Eaual Emplovment Opportunity/Affirmative Action
RCC is an equal employment opportunity employer and does not discriminate against any
employee or applicant for employment because of age, race, creed, color, national origin,
ancestry, marital status, or sex.
City of La Porte, TX
Proposal- 2/23/01
Section 3, Page 5
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RCC takes affirmative action to ensure that applicants are recruited and employed and that
employees are treated during employment without regard to their age, race, creed, color,
national origin, ancestry, marital status, or sex.
RCC's Affirmative Action Plan and current Employee Profile are available upon request.
City of La Porte, TX
Proposal- 2/23/01
Section 3, Page 6
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SECTION 4
References
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Consultants, Inc.
Consulting Projects
Client:
City of College Station, Texas
Contact:
Ron Mayworm
Radio Systems Manager
City of College Station
1101 Texas Avenue
P.O. Box 9960
(409) 764-3406
Project Status:
Closed
Project Description:
System Wide Communications Study
RCC Consultants, Inc. was engaged by the City to perfonn a long-range study of all data, voice, and radio
communications systems. The study encompassed the entire range of City communications equipment, services and
facilities, including:
o Microwave telephone and radio network
o VHF mobile and hand-held radio
o Data communications local and wide area networks
o Maintenance procedures and practices
. Dispatch centers
. Cost analyses
. PBX and key systems
. Building premise distribution cabling systems
. 9-1-1 systems
. CAD systems
Recommendations accepted to date include the design and implementation of a new digital PBX with shared voice
mail and implementation of Ethernet local area networks utilizing intelligent networking hubs and the 10 Base- T
wiring standard, combined with installation of a citywide fiber optic network supporting both voice and data
communications. Video transmission over the same network has been designed and will be implemented at a later
date.
RCC also conducted a radio communication needs assessment, developed system designs, a budgetary cost estimate,
Request for Proposals for a new citywide 800 MHz trunked radio system, and assisted the City in evaluating vendor
proposals and selecting a vendor for the new radio system.
RCC Consultants, Inc.
Selected Projects
Rev. 5/3/00
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Consulting Projects
Client:
City of San Marcos, Texas
Contact:
Chief Larry Kendrick
Police Department
City of San Marcos
2300 IH-35 South
San Marcos, Texas 78666
(512) 753-2110
Project Status:
Complete
Project Description:
Design and Install 'City-wide Voice and Data
Telecommunications
The City initially selected RCC Consultants, Inc. to develop a Needs Assessment and Conceptual System Design
(including budgetary cost estimates) of telecommunications equipment to meet the current and future voice and data
communications needs of this rapidly growing city.
Following presentation of our report and findings to the City Council, RCC was retained to develop detailed designs,
prepare an RFP, evaluate proposals, recommend vendors and assist in contract negotiations. The system design
included a primary PBX with Voice Mail, Automated Attendant with IVR, and ACD at City Hall with four (4)
remote PBX sy.'itches connected to the primary PBX via a combination of City-owned copper and fiber cable. This
configuration supports "seamless" DID and intercom while providing dial network backup of DID traffic if a T-l
Channel is disabled. The four remote switches share the common voice mail software and automated attendant
software.
All facilities were cabled with an integrated Category 3 and Category 5 cable plan, which will support 100 MB
Ethernet LANs in City offices, with ipterface via intelligent hubs to the City hall mainframe.
RCC assisted in project management of the installation and supervision of acceptance testing of the systems and
voice/data cable networks.
RCC Consultants, Inc.
Selected Projects
4124/97
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~cc
Consultants, Inc.
Consulting Projects
Client:
City and County of San Francisco
San Francisco, California
Contact:
Denise Brady, Deputy Director Policy,
Planning, and Compliance Division
Department of Telecommunications
875 Stevenson Street, Fifth Floor
San Francisco, California 94103-0948
(415) 554-7011
Project Status:
Complete
Project Description:
Assessment of Existing Telecommunications Infrastructure
and Development of a City and County Telecommunications
Plan and Implementation Strategy
RCC 's services under this contract were identified in three (3) phases:
1. Internal Needs Assessment
2. Alternative Analysis
3. Implementation
RCC Consultants, Inc. was retained to develop a comprehensive understanding of the telecommunications
environment of the City and County from a technical, administrative, and cultural perspective. In Phase I, RCC
identified, cataloged and reviewed the existing City and County radio, telephone, data, and video networks,
diagrams, reports, and documentation to identify current and future telecommunications needs. This included
reviewing various infrastructure assets, rights of way, backbone network topology, contract agreements, and existing
telecommunications projects. Internal interviews were also conducted with key City personnel.
In Phase 2, RCC developed long term communications strategy alternatives to support the major
telecommunications network, applications, and telecommunications needs identified in Phase 1 of the project.
These alternatives support the present and projected requirements of the City and County of San Francisco. RCC
surveyed the telecommunications marketplace to identify current and emerging telecommunications technologies
(i.e. SONET, A TM, Dense Wavelength Division Multiplexing) and issues that may be.nefit or affect the City and
County of San Francisco.
The focus of Phase 3 was to develop a specific wide area and metropolitan telecommunications architecture and
strategy for all City and County wireline and wireless networks based on an identified and selected alternative
provided in Phase 2 of the project. The strategy plan included a technology strategy, operations and maintenance
strategy, detailed costlbenefit analysis, assessment of impact on current programs, and a migration and
implementation project plan.
RCC Consultants, Inc.
Selected Projects
Rev. 6129/00
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Consultants, Inc.
Consulting Projects
Client:
Los Angeles Police Department
Los Angeles, California
Contact:
Linda L. Bunker, Director of Systems
Program Manager
Emergency Command Control
Communications Systems
250 E. First Street, Room 1500
Los Angeles, California 90012
(213) 485-4453
Project Status:
Open: Commenced April 1995
Scheduled Completion: October 2001
Project Description:
Management and Technical Consulting for the
Implementation of Proposition M :!Funded
Projects
Projects Include:
· Upgraded Master Radio System (450-520 MHz simulcast)
. Upgraded Mobile Data Terminal System
· Engineering and construction of dual 9-1-1 dispatch centers
. Systems/facilities design integration
. Upgraded Computer Aided Dispatch
. E-911 system .
. Telco infrastructure
. LAN/WAN system
. Program management services
In 1992, the citizens of Los Angeles approved Proposition M, a revenue bond measure funded by a special tax, to
implement major upgrades to the Police Department's Emergency Command Control Communications System
(ECCCS). The revenue bond portion of this program is $235 Mil. .
RCC Consultants, Inc. was retained to advise and assist the City's Program Manager with both program
management, as well as technical aspects of the program. The overall program consists of some 13 separate major
procurements involving radio, MDT, CAD, Records, PSAP, Dispatch, and Facilities. Two separate dispatch
facilities will be engineered and constructed to withstand the largest seismic events anticipated in the region and will
be physically separated such that either facility can survive and take over the responsibilities of the other.
RCC Consultants, Inc.
Selected Projects
Rev. 6129100
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Los Angeles Police Department (cont'd)
Program Management consulting services include program and project planning and master scheduling, maintaining
the ECCCS Program Management Plan, Program Management Reviews, contract negotiation support, contractor
management and compliance monitoring, quality control and inspection services, contractor change claim
management, development of an ECCCS staffmg plan from startup through operations and maintenance, Risk
Management, and program documentation management.
Technical consulting services include development of contract technical specifications, evaluation of contractor
technical progress and compliance, management of acceptance testing, cutover, and implementation of such projects
as:
. Computer Aided Dispatch
o Handheld radio replacement
. Voice radio system infrastructure
. Data radio system upgrade
o ECCCS facilities and infrastructure site planning
. E-911
. LAN/W AN
. Telco infrastructure
. Systems/facilities design integration
RCC's services to the City also include:
· Review and evaluate the detailed technical, functional, and user's operational requirements for the
ECCCS system and subsystems;
o Review and evaluate all ECCCS program staff developed solicitation documents, including RFI's,
RFQ's, RFP's, and RFB's for the procurement of system segments and services;
o Assist the City in reviews and evaluations of proposals, quotes, and other responses received by the
ECCCS program;
· Assist the City in negotiation of contracts with selected vendors;
o Advise the City regarding various policy issues, which may impact the ECCCS program;
o Provide special written analyses, studies and reports as required by the Program Manager;
· Develop and formalize an ECCCS Risk Management Plan, including:
Remedies for unplanned system/subsystem performance;
Business consequences oflimited or unsuccessful system perfonnance;
Unforeseen significant cost growths and schedule slippages
· Monitor efforts and provide engineering and administrative insight during ECCCS enhancement
program fmal startup and operations implementation;
· Participate as requested in design reviews, project reviews, and City staff meetings pertaining to the
ECCCS Enhancement and Upgrade Program.
Finally, RCC will assist the City during program closeout activities, including validation of acceptance
documentation, system and subsystem design documents, technical operations and maintenance manuals, and as-
built documentation.
RCC Consultants, Inc.
Selected Projects
Rev. 6129100
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Consultants, Inc.
Consulting Projects
Client:
City of Austin, Texas, Radio Coalition
Contact:
Mike Simpson
Acting Wireless Technology Division Manager
City of Austin
Radio Communications Office
1006 Smith Road
Austin, Texas 78721
(512) 927-3209
Project Status:
Project Description:
Open
Development of a County-wide 800 MHz Trunked Radio
System Capable of Supporting a Coalition of Agencies
Residing Within the City of Austin and Travis County
RCC Consultants, Inc. was retained by the City of Austin and the Austin Radio Coalition to assist in the
development of a new County-wide 800 MHz trunked radio system capable of supporting the participating agencies.
The Coalition consists of approximately 40 agencies from both the Public Safety and non-Public Safety sectors,
including Capitol Metro, the Transit Authority, and Travis County. The project has been subdivided into three
phases, which include:
o Phase I - Needs Assessment, Conceptual System Design, and Budgetary Cost Estimates
o Phase IT - Detail system design, development of specifications for procurement, evaluation of vendor
proposals, and vendor selection
~ Phase III - Project Implementation, acceptance testing, and cutover to the new system
RCC Consultants and the Coalition of agencies completed a thorough Needs Assessment to identifY user
requirements for the new system. It is the intent of the Coalition to develop a single shared network that would be
capable of meeting the needs of all user agencies, which will collectively operate approximately 8,000 radios at
system startup. At the completion of the Needs Assessment process, RCC Consultants worked with Coalition
agencies to develop several conceptual solutions and budgetary cost estimates, which were presented to the Austin
City Council and Travis County Commissioner's Court for approval.
The City of Austin held a Bond Election in which approximately $40,000,000 was approved for development of the
new system. Total funding of the project is $65 million. RCC Consultants assisted the Coalition in developing
system specifications and releasing a Request for Proposals. RCC assisted the Austin Radio Coalition in the
evaluation of vendor proposals, fmal selection of a vendor to install the system, and provided contract negotiation
assistance.
RCC Consultants, Inc.
Selected Projects
Rev. 513/00
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Consultants, Inc.
Consulting Projects
Client:
City of San Antonio, TX
Contact:
Gary Moeller
Director of Information Services
Information Services Department
515 S. Frio
San Antonio, Texas 78207
(210) 207-7076
Project Status:
Open
Project Description:
County-Wide, Multi-Agency 800 MHz Trunked
Radio System
The City of San Antonio retained RCC to develop a new county-wide 800 MHz trunked radio system to replace
their existing lO-year old system. The new system will be capable of supporting approximately 6,000 radios,
belonging to approximately 24 Public Safety and Public Service agencies of both the City of San Antonio and Bexar
Cpunty. New c:lispatch centers for the San Antonio Police Department, the San Antonio Fire and EMS Department,
and the Bexar County Sheriffs Office are being completed as part of the project. The new system has been
configured to provide greater capacity and coverage than the existing trunked radio system.
The City of San Antonio chose RCC to conduct the initial (phase I) Needs Assessment, alternatives analysis,
development of conceptual design; and budgetary cost estimates, and then retained RCC in a Phase II project to
develop and issue specifications for a Request for Proposals, to evaluate proposals, and to assist in contract
negotiations. The Requests for Proposals process has been completed, RCC evaluated proposals, and the City has
awarded a $50 million contract to Ericsson, Inc. for a 9-site IMBE digital trunked radio system.
RCC has been retained to provide Phase III Project Management of System Implementation. To provide continuity
to this process, RCC has assigned a full-time on-site Project Manager who resides in San Antonio for the duration of
system installation, acceptance testing and cutover.
Rev. 9/9/99
RCC Consultants, Inc.
Selected Projects
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SECTION 5
Project Team Organization
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SECTION 5
Project Team Organization
5.1 Ore:anization Structure
We have assembled a team of consultants whose background and prior experience
include the skills necessary to complete this project. Throughout all phases of the
project, RCC staff will work closely with the City of La Porte to help ensure that the
work products meet the company's goals and objectives. We have assigned a project
manager who will be RCC's point of contact for all activities. Our Houston office will be
the focal point for the project.
The following personnel have been assigned to the project team:
Greflorv A. Munchrath. P.E.
Executive Soonsor
Mr. Munchrath, Vice President and General Manager of the RCC's Southern
Region, will be responsible for all contractual agreements and will have overall
responsibility for the successful completion of the project. He has over 20 years
of experience in the development and implementation of similar systems. Mr.
Munchrath is a Registered Professional Engineer in the State of Texas.
Mr. Munchrath has consulted with numerous cities and counties, including:
ll) City of Arlington, TX
o City of Austin, TX
o City of Brownsville, TX
CD City of College Station, TX
o City of Grand Prairie, TX
o City of Harlingen, TX
o City of Lubbock, TX
o City of McKinney, TX
. City of Mesquite, TX
. City of Midland, TX
. City of Odessa, TX
· City of San Angelo, TX
. City of San Antonio, TX
. City of Waco, TX
. City of Wichita Falls, TX
. Bexar County, TX
· Clark County, NY
· Collin County, TX
. Galveston County, TX
· Las Vegas Metropolitan Police Dept.
· Montgomery County, TX
· Nevada Power Company
. Travis County, TX
City of La Porte, TX
Section 5, Page 1
Proposal- 2/23/01
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S. Verdette Hall
Proiect Manafler
Mr. Hall will be the Project Manager and will participate in all facets of the day-
to-day work on the project He has over 30 years experience in
telecommunications and has designed PBX systems, outside cable plant (copper
& fiber), and building LAN systems. He has also been project manager on the
implementation of 800 MHz trunked radio systems, conventional VHF systems
and CAD/RMS systems.
Jim Baron, PE
RF Enflineer
Mr. Baron has over 20 years experience in all facets of two-way radio engineering
and system implementation. He has recently developed a new shared system for
Grapevine, Keller, Hurst & Bedford here in Texas. He was also the primary
engineer on the State of Texas design project. Mr. Baron will be the lead RF
engineer on the project.
Tim Driscoll
RF Engineer
Mr. Driscoll has over 15 years experience in designing and maintaining RF
systems. His previous experience includes employment with both Motorola and
Ericsson, so that he is familiar with all major radio system designs. He will assist
Mr. Baron in all RF related activities.
Peter Berrv
PBX & Cable SDecialist
Mr. Berry has almost 20 years experience in design and implementation of PBX
and data networks. He is a certified BICSI cable plant engineer for both inside
and outside cable plant design. Mr. Berry would assist Mr. Hall in all voice and
data communications areas oft~e project.
Mike Burnev
CAD & RMS SDecialist
Mr. Burney is Manager of RCC's Computer Aided Dispatch and Records
Management consulting practice. He has 16 years of experience in the
CAD/RMS field, and has worked with cities and counties throughout the U.S. on
the development and implementation of CAD, MDT, and A VL systems. Should
any requirement for CAD & RMS Systems become involved in this
5.2 RCC Staff
Additional support personnel will assist the project team members on an as-needed basis.
In particular, RCC has consultants available with additional expertise in dispatch center
design, wireless 9-1-1 caller ID and location (FCC Docket 94-102), CAD, Records
Management Systems, and Microwave networks.
City of La Porte, TX
Proposal- 2/23/01
Section 5, Page 2
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In summary, our staffing plan includes senior professionals with backgrounds directly
relevant to this project. They bring outstanding credentials in those areas required by the
City of LaPorte. Beyond this, they bring a consulting maturity that will help ensure a
smooth and effective working relationship with the company. In the event that any
member of the proposed project team is unable to complete the assignment, another
member of the RCC organization with similar qualifications will be quickly assigned to
the project.
5.3 Resumes
Resumes of the individuals assigned to the City of LaPorte project team are included on
the following pages.
City of La Porte, TX
Proposal - 2/23/01
Section 5, Page 3
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APPENDIX B
June 5, 2001
Ms. Martha Gillett
City Secretary
City of LaPorte
604 W. Fairmont Parkway
LaPorte, Texas 77571
Dear Ms. Gillett:
RCC Consultants, Inc. (RCC) is pleased to have been selected by the City of LaPorte as the firm
best qualified to provide consulting assistance for the City's communications project. The
purpose of this correspondence is to provide a cost proposal for the scope of work outline9 in our
proposal dated February 23,2001.
Our cost proposal is based upon our current understanding of the City's scope of work and needs
& requirements for the project. Our professional fees are based upon the amount of time and
level of skill required to successfully complete the proposed workplan. As requested in the
City's RFP, our proposed workplan was broken down into three phases as follows:
)>> Phase I: Needs Assessment, Conceptual System Design, and preparation of budgetary
cost estimates
)>> Phase II: Development of detail system designs, Request for Proposals to acquire the
recommended systems, evaluation of vendor proposals, and contract
negotiation assistance
)>> Phase III: Project implementation assistance and acceptance testing of the new systems
It is our understanding that the scope of work ~c1udes an assessment of the City's two-way radio
communications systems, the City,'s existing telephone systems and data networking facilities,
and the City's Public Safety dispatch facility for Police, Fire, and EMS. Our proposed project
team includes personnel who specialize in those various areas of expertise, including wireless
voice communications, wireless data communications, telecommunications, and Public Safety
Computer Aided Dispatch and Records Management systems. Our proposed project team
includes individuals highly skilled in those respective areas.
The level of consulting effort required by the City in Phases II and III will depend upon the
particular solutions selected at the end of Phase I of the project. For this reason, our cost
proposal addresses Phase I at this time. Once the various system solutions. have been selected at
the end of Phase I, RCC will provide a cost proposal to provide consulting assistance for Phases
II and m. The hourly rates shown on our cost proposal are valid for one (1) year, therefore,
professional fees for Phase II and III will likely be based upon the same hourly rates quoted for
Phase I.
Ms. Martha Gillett
City of LaPorte
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June 5,2001
Page Two
Our cost proposal represents a "not to exceed" amount unless the City elects to modify the scope
of work contained within the contract to be completed between the City and RCC. Our proposed
workplan envisions that the kickoff meeting and user interviews will occur during the same week
to minimize travel expenses. RCC will invoice the City on a monthly basis for the work
completed in the previous month. Invoices will include both professional fees and out-of-pocket
expenses for each month. We will utilize our corporate discounts whenever possible to help
minimize out-of-pocket expenses. We do not expense items such as overnight express mail,
telephone calls, and photocopying of documents.
A breakdown of our professional fees and expenses has been provided on the following page.
The City will notice that the breakdown includes two different managing consultants under the
Direct Engineering Expenses category. One managing consultant will address wireless voice
communications issues, the other will address wireless data communications issues.
Ms. Gillett, we are available to discuss our proposed workplan and cost proposal either by
telephone or in person as needed. I can be reached in our Houston office at 281-999-1441 for
further discussion. We were very pleased to have been selected by the City of LaPorte and look
forward to working with the City to help make this another one of its success stories.
Sincerely,
Gregory A. Munchrath, P .E.
Vice President & General Manager - Southwest Region
GAM:pmm
Attachment.
cc: Verdette Hall - RCC
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RCC CONSULTANTS, INC. TECHNICAL SERVICES CONTRACT
Radio I Mobile Data I P. Safety Dispatch I Telecom
City of LaPorte, TX
, I Phase I Needs Assessment. Conceptual Design, Budgetary Cost Estimates
.- L__._......___ ..--:-!:~._._.. ---~-~l ..._.,._
- -.-.----,
June 5, 2001 i '
I .
I.
.___u_.,.__ .J
Task#
Description
Hours
. ';~ . . 'f-
1 Project Initiation & Orientation
._. ----- ---'-- -.-.-:------~~r-
38
--.-.---- -;-:------- .-...:.. -..
_._~____ .~nd~rstand Current Systems & Issues
,. .' ,0
34
.-.- ...-..-- _._- ~--'---_....:....
3 Interview Personnel
, .
":
--.-.
'-- ....- --"--..--. .-.-----#-------:-~.~.-.-.- ---'7"..-....-------.--.--...--..-...---:----.-....-.-...-...... ;""---- ----____.._..,__ .__ _0"_ _ ._...~__ "0_.'._ ....__._.._...
90
........-._~
4 Analyze Requirements & Needs
----.-- '-"--.-' -~-~.~._.~..
-~--- ..". -----...:-~~-7-~~~i..;_.
40
5 Develop Conceptual Approaches & Budgetary Cost Estimates 152
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LaPorte Phase I Cost Proposal.xls
Page 1 of 2
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!-~~C-CO~~UL ;ANTS, ~'NC. TECHNICA~ SERVICES CONTRACT
Radio I Mobile Data I P. Safety Dispatch I Telecom
City of LaPorte, TX
Phase I Needs Assessment, Conceptual Design, Budgetary Cost Estimates
--"'-_.-Ju'iieS:-2001'i
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LaPorte Phase I Cost Proposal.xls
Page 2 of 2
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June 5, 2001
.. RCC CONSULTANTS, INC. TECHNICAL SERVICES CONTRACT
Radio I Mobile Data I P. Safety Dispatch I Telecom
City of LaPorte, TX
Phase I Needs Assessment, Conceptual Design, Budgetary Cost Estimates
" ,
. , . ..
Direct Engineering Expenses
Hours Rate Subtotal
Vice President & General Manaaer 30 $ 250.00 $ 7,500.00
Manaaina Consultant 120 $ 175.00 $ 21,000.00
Director $ $ ,. ,
116 200.00 23,200.00
Sr Consultant 136 $ 150.00 $ 20,400.00
Manaaina Consultant 112 $ 175.00 $ 19,600.00
Administrative Assistant 40 $ 50.00 $ 2,000.00
Total 554 $ 93,700.00 $ 93,700.00
"
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Travel and Per Diem Expenses
Rate Subtotal
" 4 Round Trip Airline Fares #1 @ $ 650.00 $ 2,600.00
2 Round Trip Airline Fares #2 @ $ 200.00 $ 400.00 '
9 Man Days oer Diem @ $ 125.00 $ 1,125.00
8 Davs Rental Vehicle @ $ 65.00 $ 520.00 .'
Miles@ $ 0.33
Total $ 4,645.00 $ 4,645.00
'. .'. .'.
: . '
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General and Administrative Fee 19% 1$ 882.55 $ 882.55
.. .,';.' . '. . , , . .
, Miscellaneous Expenses
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Total $ 99,227.55
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LaPorte Phase I Cost Proposal.xls
CORD",
p.rcrc~i"'.>>"."=m
."'"D"tTE'jMMic7,")" r
09/05./01
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONL Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.
COMPANIES AFFORDING COVERAGE
Herbert L.Jamison .
Co.. L.L.C.
100 Executive Drive
West Orange NJ 01052
(913) 731-0806
INSURED
RCC Consultants, Inc. and subsidiaries
100 Woodbridge Center Drive
Suite 201
Woodbridge, NJ 01095-1125
COMPANY
)\ Atlantic Mutual Ins. CO.
COMPANY
B Evanston Ins. Co'-
COMPANY
C
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'~~DMERA~. : . , . %:_;;,..,..".. .,W .. ~.,
~'''^''''.''''~'''''''' .. mm..~ >>:
THIS IS TO CERTIFY THA T THE POLICIES OF INSURANCE LISTED BELOWHA VEBEENISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICA TED,NOTWITHST ANDINGANYREOUIREMENT. TEFlMORCONDITIONOF ANYCONTRACTOROTHERDOCUMENTWITHRESPECTTO WHICHTHIS
CERTIFICA TE MA Y BE ISSUED OR MA Y PEFlT AIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. . '
POUCY EFFEcnVE POUCY EXPIRATION
DATE (MMlDDIYY) DATE (MMlDDIYY)
co
LlR
TYPE OF INSURANCE
POUCY NUMBER
UMITS
A GENERAL UABL/TY 486406921
COlAMERCIAL GENERAL LIABILITY
a.AIMS MADE W OCCUR
OWNER'S & CONTRACTOR'S PROT
A AUTOMOBD...EUABILITY 486406921
X ANY AUTO
ALL OWNED AUTOS
SOlEDI.A..ED AUTOS
HIRED AUTOS
NON.QWNED AUTOS
CARAGE UABIUTY
ANY AUTO
A EXCESS UABILJTY 486406921
X IAABREl...LA FORM
OTtER THAN UMBRElLA FORM
A WORKERS COMPENSATION AND. 400524537
EMPLDYERS' UABILITY
1ltE PROPRIETORl INCL
PARTNERSIEXECUTIVE
OFFICERS ARE: EXCL
OncER
B Uiscallaneous E . 0 AE804607
5/07/01
5/07/02
eENERAl AGGREGATE S 2.000.000
PRODUCTS.COMP/OP AGG S 1.000,000
PERSONAL & ADV INJURY S 1.000,000
EACH OCCURRENCE S 1,000,000
FIRE DAt.lAGE (Anyone lire) S 100,000
MED EXP (Any ane p...son) S 5,000
COMBINED S!NGL!= liMIT s
1.000.000
5/07/01
5/07/02
BOOll Y IN.AJRY
(Per persan)
s
BOOll Y INJURY
(Per accident)
s
PROPERTY DAMAGE
s
5/07/01
5/07102
AUTO ONl. Y . EA ACCIDENT S
OTHER THAN AUTO ONL Y: [~~1t'~~~?ft~~%~ftt:Jt~Jf~
EACH ACCIDENT
AGGREGATE
EACH OCCURRENCE
AGGREGAlE
S
$
S 5,000,000
S 5,000,000
S
S 500,000
S 500,000
S 500,000
5/07/01
5/07/02
5/07/01
5/01/02
$5,000,000 Each Claim
$5.000,000 Annuaf Aggregate
DESCRIPTION OF OPERATIONSlLOCATlONSIYEHICLESlSPECIAL ITEMS
Certificate Halder is Inoluded as additional Insured under
Seneral Liability If required by leaso or contract and subject to policy terms and conditions.
RE: Consultant Services Agreement for Communications Systems Review
City. of LaPorte
604 W. Fairmont. Parkway
LaPorte, Texas 77571
seph A. Z_arelll, ARM.. . .
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CERTIFICATE: 111/001/ 00321
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'.'~="~W._J=..w.^".'",,_'~'.~=WWW'~1Bi' _!li:.~*''''*'*=rI-''"''*''''~''~ '. $.'
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QUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Requested By:
Source of Funds:
Department:
Account Number:
Report:
Reso ution:
Ordinance:
x
Amount Budgeted:
Exhibits:
Ordinance 2001-2S29-A
Amount Requested:
Exhibits:
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
At the November 12 meeting, City Council approved Ordinance 2001-2529 ordering a bond election and
approving official ballot language for the election.
Since that meeting the bond attorney, Paul Martin of Akin, Gump, Strauss, Hauer, and Feld, LLP, has
suggested a minor change to the ballot language of Proposition 3.
The new ballot language will read: "The Issuance of $3,200,000 for Youth Baseball Complex Bonds and
Westside Park Improvement Bonds"
The word "Improvement" has been removed from the youth baseball complex language. This wording
could imply to the voters that the baseball complex already exists and only improvements will be made.
The word "Improvement" associated with the Westside Park was not an issue since it is existing real
estate that the City is improving.
Action Reauired hv Council:
Consider approval of Ordinance 2001-2529-A amending ballot language of Proposition 3.
Date/1~
.
.
ORDINANCE NO. 2001-2529-A
AN ORDINANCE AMENDING AN ORDINANCE ORDERING A BOND ELECTION, FIXING
THE TIME, PLACE, AND MANNER FOR HOLDING THE ELECTION, ESTABLISHING
POLLING PLACES, AND ORDERING OTHER MATTERS RELATING THERETO,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. Section 2 of Ordinance No. 2001-2529 passed and
approved by the City Council of the City of La Porte on November
12, 2001, is hereby amended, and shall hereafter read as follows,
to-wit:
"Section 2. The official ballots for said election shall be
prepared in accordance with the Texas Election Code, so as to
permit the electors to vote "For" or ""Against" the aforesaid
propositions, which shall be set forth substantially as follows:
PROPOSITION 1
THE ISSUANCE OF $7,700,000 POLICE DEPARTMENT HEADQUARTERS
AND EMERGENCY OPERATIONS CENTER BONDS.
PROPOSITION 2
THE ISSUANCE OF $3,500,000 WASTEWATER TREATMENT PLANT
IMPROVEMENT BONDS.
PROPOSITION 3
THE ISSUANCE OF $3,200,000 YOUTH BASEBALL COMPLEX BONDS
AND WESTSIDE PARK IMPROVEMENT BONDS.
PROPOSITION 4
THE ISSUANCE OF $1,900,000 FIRE STATION NO.2 RELOCATION
AND RENOVATION BONDS."
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.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this loth day of December, 2001.
CITY OF LA PORTE
By: ~~~..-
Mayor
ATTEST:
.~,A/'~
M rt a A. Gillett
city Secretary
APPROVED:
~tJ
Knox W. Askins
city Attorney
2