HomeMy WebLinkAbout2002-02-25 Regular Meeting and Workshop Meeting
MINUTES OF THE REGULAR MEETING
AND WORKSHOP OF LA PORTE CITY COUNCIL
FEBRUARY 25, 2002
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
Members of City Executive Staff and City Employees Present: Assistant City Attorney
John Armstrong, City Manager,Robert Herrera, Assistant City Manager John Joerns, City
Secretary Martha Gillett, Finance Director Cynthia Alexander, Director of Administrative
Services Carol Buttler, Parks and Recreation Director Stephen Barr, Assistant Parks and
Recreation Director James Eastep, Public Works Director Steve Gillett, Purchasing
Manager Susan Kelley, Emergency Services Director Joe Sease, Police Chief Richard
Reff, Administrative Assistant to the City Manager Crystal Scott.
Others Present: Alon Najer, Nick Barrera, Roy Myers, Dave Turnquist, Bill Scott,
Lawrence Maynard, Bill Manning, Richard Sandoval, Jay Sandridge, Beth Cone, Edward
Sehnert, Erin Ryan, Barbara Norvine, Jean Young, Colleen Hicks, Spero Pomonis and a
number of citizens.
2. Reverend Ron Burnett of Victory Tabernacle Church delivered the invocation.
3. Council considered approving the Minutes of the Regular Meeting of La Porte City
Council held on February 11,2002.
Motion was made by Councilperson Clarke to approve the minutes of the Regular
Meeting on February 1 L 2002 as presented. Second by Councilperson Warren. The
motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and
Malone.
Nays: None
Abstain: None
4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND
T AXP AYERS WISHING TO ADDRESS CITY COUNCIL
Bill Scott of 1802 Lomax School Road, La Porte, Texas, spoke in opposition of the Port
Expansion.
Delia Claus of 808 South 2nd, La Porte, Texas, was seeking assistance with the drug
situation in the La Porte area, the Municipal Court, West H Street's culverts, her bathtub
violation, and stressed that she )Vould like to be left alone.
City Council Minutes 2-25-02 - Page 2
Lawrence Maynard of 11403 N. Avenue L, La Porte, Texas, complained about 4-
wheelers in the Lomax area, his neighbor placing large amounts of trash in front of his
property, and trash being dumped on City property.
5. PRESENTATIONS
Mayor Malone presented Phoebe Conelly with a Proclamation honoring American Red
Cross Month.
6. Consider approval of an ordinapce authorizing the City Attorney to proceed with the sale
of Lot 8, Block 1445, to Mr. Carl Benjamin for the bid amount of$3,750.00.
The Director of Parks and Recreation Stephen Barr presented summary and
recommendation and answered Council's questions.
City Attorney read: ORDINANCE 2002-2540 - AN ORDINANCE APPROVING AND
AUTHORIZING THE SALE AND CONVEYANCE OF LOT 8, BLOCK 1445, TOWN
OF LA PORTE, HARRIS COUNTY, TEXAS, TO CARL H. BENJAMIN; MAKING
VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING
AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Griffiths to approve Ordinance 2002-2540 as
presented by Mr. Barr. Second by Councilperson Engelken. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and
Malone.
Nays: None
Abstain: None
7. Council considered approval or other action regarding cancellation of City Council
Meetings scheduled for March 11 and March 25, 2002 and calling a Special Called
Regular Meeting to be held on March 18, 2002.
Mayor Norman Malone presented approval or other action regarding cancellation of City
Council Meetings and answered Council's questions.
Motion was made by Councilperson Engelken to approve the rescheduling of City
Council Meetings as presented by Mayor Malone. Second by Councilperson Ebow. The
motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and
Malone.
Nays: None
Abstain: None
City Council Minutes 2-25-02 - Page 3
8. Workshop was called to order by Mayor Malone at 6:28 p.m.
The following items were discussed during the Workshop session:
Mr. Bob Duke presented Council with a signage presentation. Mayor Malone asked
Council to view the location of the sign coming from Baytown.
Councilperson Chuck Engelken provided Council with a letter from the Bayport
Expansion Opposition Committee. Mr. Engelken recommended City Council approve
the letter.
9. Close Workshop Meeting and reconvene Regular Meeting at 7:16 p.m.
10. Mayor Malone recommended approval of the Bayport Opposition Letter, as presented by
Councilperson Chuck Engelken.
Motion was made by Councilperson Clarke to approve the Bayport Opposition as
presented by Mr. Engelken. Second by Councilperson Warren. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and
Malone.
Nays: None
Abstain: None
11. Administrative Reports
Public Works Director Steve Gillett reported the water leak situation at Highway 146 and
Fairmont Parkway.
12. Council Comments
Councilpersons Sutherland, Engelken, Ebow, Griffiths, Porter, Warren, Young and
Clarke brought items to Council's attention.
13. 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, DELIDERATION
REGARDING REAL PROPERTY, DELIBERATION REGARDING PROSPECTIVE
GIFT OR DONATION, PERSONNEL MA TIERS, CONFERENCE WITH
EMPLOYEES DELIBERATION REGARDING SECURITY DEVICES, OR
EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN
AN INVESTIGATION)
Council retired into executive session at 7:45 p.m.
Council returned to the table at 7:52 p.m. with no action taken.
There was no action taken.
City Council Minutes 2-25-02 - Page 4
14. ADJOURNMENT
There being no further businesS' to come before Council, the Regular Meeting was duly
adjourned at 7:53 p.m.
Respectfully submitted,
L4YJ ruMOJ I!JLlit{
Ja~ha Gillett
. City Secretary
Passed and approved on this 18th day of March 2002.
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RE UEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Februa 25
,
Requested By: Stephen L. Barr .:)(<
Appropriation
urce of Funds: NI A
Department:
Account Number:
x
Amount Budgeted:
Exhibits:
Amount Requested:
Exhibits:
Location Map
Budgeted Item:
YES
NO
Exhibits:
SUMMARY & RECOMMENDATION
The City of La Porte recently advertised for sealed bids (#S007) for Lot 8, Block 1445, Town of La Porte,
Harris County, Texas; a surplus lot owned by the City. Bid requests were mailed to three (3) lot owners in
the area, with one (1) returned bid The single bid was opened and read on November 262001. Mr. Carl
Benjamin returned the only proposal with an offer of $3,725.00.
As you may recall, Mr. Carl Benjamin purchased Lots 25-32, Block 1445 for the purpose of building a
home. The property is adjacent to the Little Cedar Bayou Park, east of Broadway. Mr. Benjamin's
property is adjacent to the "P" Street right-of-way on which the parking area is located for the Little
Cedar Bayou Nature Trail. There are no paved streets that can serve as access to the Benjamin property.
This surplus lot is available due to the purchase of Lot 7 that will be used for access to the Benjamin
property. Lot 7 will be exchanged for land owned by Mr. Benjamin. Mr. Benjamin is purchasing the lot to
consolidate his holdings.
Action Reouired bv Council:
Consider approval of an ordinance authorizing the City Attorney to proceed with the sale of Lot 8, Block
1445, to Mr. Carl Benjamin for the bid amount of $3,750.00.
Approved for City Council Ae:enda
~(J~ T. ~./
Robert T. Herrera, City Manager
L' tl - c)'L.-
Date
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SPECIAL WARRANTY DEED
Date:
December 10, 2001
Grantor:
City of La Porte, a municipal corporation
604 West Fairmont Parkway, La Porte, TX 77571
Mailing Address:
Grantee:
Carl H. Benjamin
Mailing Address:
P.O. Box 582, La Porte, TX 77572-0582
Consideration: Ten and NO/100 Dollars ($10.00) cash and other good
and valuable considerations
Property (including any improvements) :
Lot 8, in Block 1445, of TOWN OF LA PORTE, a subdivision
in Harris County, Texas, according to the map or plat
thereof recorded in Volume 72, Page 4 of the Deed Records
of Harris County, Texas. SAVE AND EXCEPT that portion of
land conveyed to the State of Texas in instrument
recorded in Volume 1001, Page 638 of the Deed Records of
Harris County, Texas.
Reservations from and Exception to Conveyance and Warranty: This
conveyance is made subject to all and singular the restrictions,
conditions, oil, gas, and other mineral reservations, easements,
and covenants, if any, applicable to and enforceable against the
above described property as reflected by the records of the county
clerk of the aforesaid county.
Grantor for the consideration and subject to the reservations from
and exceptions to conveyance and warranty, grants, sells, and
conveys to Grantee the property, together with all and singular the
rights and appurtenances thereto in any wise belonging, to have and
hold it to Grantee, Grantee's heirs, executors, administrators,
successors, or assigns forever. Grantor binds Grantor and
Grantor's heirs, executors, administrators, and successors to
warrant and forever defend all and singular the property to Grantee
and Grantee's heirs, executors, administrators, successors, and
assigns against every person whomsoever lawfully claiming or to
claim the same or any part thereof, by, through and under Grantor,
but not otherwise, except as to the reservations from and
exceptions to conveyance and warranty.
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When the context requires, singular nouns and pronouns include the
plural.
By:
City of La Porte
CXJJ T, \-\~~,~--
Robert T. Herrera
City Manager
STATE OF TEXAS ~
~
COUNTY OF HARRIS ~ IA ../
rJ ,<,hI
This instrument was acknowledged before me on the~ day of
f.p,f>ru arV_, 200!L, by Robert T. Herrera, City Manager of the City
of La parte, a municipal corporation, on behalf of said city.
'-ill fllJ A f!L r!iJ jj-JJ/
Not ry Public
State of Texas
AFTER RECORDING RETURN TOa
PREPARED IN THE LAW OFFICE OFa
ASKINS & ARMSTRONG, P.C.
P.O. Box 1218
La Porte, TX 77572-1218
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Requested By:
Appropriation
Agenda Date Requested: Februa 25
rce of Funds:
nfa
Department:
Account Number:
GEN 824
Report: X
Resolution: Ordinance:
Amount Budgeted: $163,850
Exhibits:
BeautificationfSignage
Presentation
Amount Requested: nfa
Exhibits:
Budgeted Item:
YES X
NO
Exhibits:
SUMMARY & RECOMMENDATION
At the Council retreat last fall, Mr. Bob Duke of Duke Landscape Architecture + Planning presented
preliminary plans for beautification signage at four locations around the City of La Porte. Council had
suggestions and changes for Mr. Duke to implement in the preliminary plan to improve the design of the
beautification signage. Mr. Duke is here tonight to make a presentation that includes the changes
suggested by Council, and to answer any questions you may have.
Action Reauired bv Council:
Give direction on beautification/signage project for the City of La Porte.
Approved for City Council Aaenda
QLk T. \~
G. .~c -01..-
Date
Robert T. Herrera, City Manager
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DRAFT
02/21/02
11 :30 am
Mr. Kerry M. Stanley
U.S. Army Corps of Engineers
Galveston District
Regulatory Branch
P.O. Box 1229
Galveston, Texas 77553-1229
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January 10, 2002
Dear Mr. Stanley:
On behalf of the City of La Porte, please accept, record, and file this letter as the City of
La Porte's comments regarding the Draft Environmental Impact Statement (DEIS) for the
proposed Bayport Marine Terminal.
The City of La Porte appreciates the time and effort the U.S. Army Corps of Engineers
has given to study the permit application received from the Port of Houston. We
recognize that the review was complex and voluminous. We also believe that the Port of
Houston has made a genuine effort to understand some of the concerns raised by
residents of East Harris County and the communities they reside in.
Our City has participated with the work group developed by the Port Authority
(Community Advisory Group) and has attended several public hearings and scoping
meetings. The Port Authority continues to work in good faith with the Community
Advisory Group in addressing elements of the DEIS and other issues raised during this
process. However, it is the view of my Council and my community that concerns raised
in the August 1999 position paper have been heard but not acted upon or resolved.
Consequently, the City is opposed to the Bayport site, or any combination including
Bayport, because we firmly believe the DEIS reinforces our concerns that this site would
have substantial long term negative environmental impacts for our community.
We would hope that before you consider issuing a permit for this location, you will
follow all adopted procedures to insure the public's due process and interests are held at
the highest degree of accountability. In addition, we would request that all issues raised
during the scoping process, that may not have been analyzed in the current DEIS, be
looked at diligently and reported in the final EIS along with all comments received on the
circumstances we have no control over. We further believe that the applicant has a duty
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DRAFT
02/21/02
11 :30 am
and stewardship responsibilities to the community that is not yet evident in their permit
application.
The DEIS Executive Summary established two categories, non-environmental and
environmental, for comparison of alternate sites. In general, our review finds that the
proposed Bayport site ranked either favorably or equal to other sites in the non-
environmental categories of availability, operational effectiveness and site constraints.
However, within the environmental category, the Bayport site displayed many negative
environmental impacts that were more significant than alternate sites. We sincerely hope
that convenience, ease of construction and infrastructure costs for the PHA does not
prevail over real environmental impacts to adjacent and nearby homes and communities.
Another great concern is the comment on air quality. Except for the No Action
Alternative, the comments on Airshed Atmosphere Loading are the same for all
alternative sites. Especially disturbing in the statement that,
"2007 NOx and VOC emissions generated by terminal construction and operations
are included in the HGA ozone attainment plan. Therefore, the impact on the
region's plan to attain the ozone standard is a long term, less than significant
adverse impact."
In effect, this is saying that the increased emissions from Bayport can be spread out or
balanced over an eight county region while in reality the impacts will be a loading to be
borne by the adjacent communities. Please explain why other environmental impacts
were site specific while this impact was assumed to be spread out over a region?
In La Porte we remember the traffic problems which resulted when Barbours Cut was
being built. We remember the discussions and compromises by both sides, which
resulted in a grudging acceptance of Barbours Cut by its neighbors. Today, we continue
to live with those environmental impacts and lack of planning and public/community
involvement in the development of Barbours Cut.
Weare familiar with the much stricter environmental regulations that exist today and
trust that the Corps of Engineers will recognize that Bayport is not the appropriate site.
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11 :30 am
. Homes to the north side of the Channel will experience disruptive amounts of
noise. The DEIS notes that construction noise alone during the nighttime would
exceed 55 dBA (decibels, A-weighted sound level) at the nearest residences for
dredging, and the nighttime pile construction would exceed 55 dBA at the nearest
residences. Operation sound levels at the residences north of the Channel would
increase 16 to 22 dBA and exceed 65 Dba Ldn. Two of the alternate sites listed
would not increase noise pollution or disturb area residents.
DEIS Statement
. The DEIS states "emissions of NO x [Nitrogen Oxides (NO + N02) + the nitrate
radical (NO])], S02 (Sulfur Dioxides), and PMIO (Particulate Matter less than 10
microns in diameter) will be generated by construction equipment engines as well
as fugitive dust emissions. This is a short-term adverse impact.
Comment
~ The EIS lacks discussion of fine particulate matter that will be discharged.
Although this area currently is in compliance at 10 microns, a small
increase from the port may cause it to be non compliant.
DEIS Statement
. Fugitive dust PMIO emissions would be mitigated by use of dust control
measures. Emissions of NO x, S02 and PMIO will be generated both offsite and
onsite due to container and cruise terminal operations. These emissions represent
a long-term adverse impact.
Comment
~ The EPA is lowering the standard from 10.0 to 2.5, which mandates that
the EIS address this issue.
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DEIS Statement
. The impact on the Ozone Attainment Plan is stated as "2007 NOx and VOC
(Volatile Organic Compounds) emissions generated by terminal construction and
operations are included in the HGA (Houston-Galveston Non-attainment Area)
ozone attainment plan. Therefore, the impact on the region's plans to attain the
ozone standard is a long-term, less than significant adverse impact.
. Less than significant impact is represented by an increase in pollutant loading that
is incorporated into the HGA ozone attainment plan modeling and is not expected
to jeopardize the ability of the area to reach attainment by 2007.
. Significant impact is represented by an increase in pollutant loading tha(has not
been incorporated into the HGA ozone attainment plan modeling and may risk the
ability of the area to come into attainment.
. Emissions incorporated into the HGA ozone attainment plan modeling for the
terminal development in 2007 are:
. Vessels - 3 tons per day (tpd) of NO x and 0.076 tpd ofVOC;
. Non-road - 0.51 tpd of NO x and 0.26 tpd ofVOC;
. Construction - 0.07 tpd of NO x and 0.008 tpd ofVOC;
. Dredging - 0.24 tpd of NO x and 0.003 tpd ofVOC; and
. On-road - not identified specifically but accommodated for as
growth to the area.
. Emissions loading estimates past 2007 have not been evaluated.
Comment
~ What about impacts after 2007 (Less than 5 Years) when increased
operations and future expansions occur?
~ Vessels emissions - does the modeling include both trips to and from port
and while vessels are in port?
~ Emissions from railroad activity is not included (and currently not subject
to state regulations)
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DRAFT
02/21/02
11 :30 am
~ Emissions from on-road activity is not identified specifically but
accommodated for as growth to the area. Did the future growth include
estimates for Bayport construction and future expansions - for the 2007
SIP? After 20077 Again, currently commercial truck activity (and heavy
equipment) is federally regulated and falls outside the TNRCC's Pollution
Control Plan.
~ The less than significant impact definition avoids the true impact to the
communities adjacent to and near the Bayport site. It assumes it's not
significant because a number has been plugged into an attainment plan
that covers an eight county area. Airshed Impacts should be site specific
and not assumed to be less than significant because it was spread out or
balanced over an eight county area. There are alternative sites where the
Airshed Impacts would not affect such a large population.
~ The entire eight county region is being subjected to rules related to heavy
construction limitations, landscape and lawn mowing limitations and new
speed limits. Even though small in their total effect, we've all been asked
to share the load while this proposed activity is a point source and a real
impact borne by a few people, not fully projected for year 2007 and not
projected at all beyond 2007.
~ All of these concerns are amplified by the fact that the 2007 SIP Plan still
falls short of needed NOx reductions. Therefore, any increase in NOx is
unjustified and unreasonable.
· Harris County officials have recently indicated they may take
action on the proposed 55 mph speed limit. If this occurs and the
55 mph restriction is removed then the projected NOx 2007
shortfall would be even greater.
. Furthermore, five petitions filed with the 5th U.S. Circuit Court of
Appeals cite different flaws in the plan as reasons the court should
review and set aside the EPA's approval. The petition argues that
the 2007 SIP Plan did not account for the future growth of
emissions expected for entities like the Port of Houston. Please
advise what the petition claims was not accounted for.
. Homes to the north side of the channel will experience disruptive amounts of light
pollution. The DEIS states "Development of the Terminal complexes would
change the visual character at any of the terminal location alternatives from a low
level undeveloped area to a well-lighted, 24-hour transportation facility with high-
mast lighting."
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II :30 am
. The DEIS indicates the residential areas north of Bayport Terminal would not
experience an increase in nighttime ambient light due to the distance from the
light sources. However, operational lighting at Bayport could lead to nightglow
that would be visible by virtually all the residential areas adjacent to Bayport.
There are several alternative sites where there are no residential areas in the
vicinity of the site.
. The information on shoreline erosion at the Bayport Channel is documented in the
DEIS. It was noted that, on the average, each bank has been retreating at a rate of
4.3 feet per year. This would be expected to increase because of increased traffic.
. The DEIS summary states that there is no short-term or long-term impact relating
to shoreline erosion. We assume this is attributed to another statement that
"unprotected shoreline to be protected as part of the project construction."
. Please confirm that plans for shoreline protection were part of the application and
that they include protection of the private property at and around the northeast
comer of the channel entrance to Bayport.
. Delays will be caused at rail crossings and major thoroughfares due to increased
vehicular and rail traffic. The DEIS presents references to roadways that will
need to be improved upon but does little to discuss the actual additional traffic
and the burden it would place on area residents. No consideration has apparently
been given to conflicts with existing vehicular traffic. The only suggestions made
are the widening of Port Road from the project site to SH 146 and "proposed
interchange and ramp improvements in the vicinity of the Port Road and SH 146
interchange." The DEIS acknowledges that Red Bluff Road, Port Road, and SH
146 will need improvements in future years based on projected growth with or
without the Bayport Terminal. As for rail traffic, the DEIS is even more vague,
stating only that "The site is located so that trains from the site could easily be
consolidated with those from the Barbours Cut Terminal" and suggests "road/rail
grade separation at new rail crossings at SH 146."
. The EIS addressed the impact to the transportation system on an area basis but
does not address localized impacts. Local communities, which are already subject
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11 :30 am
to the worst environmental impacts, will thus realize immediate impact on their
surface transportation and this must be discussed.
. An overpass must be constructed where Fairmont Parkway, a major thoroughfare,
crosses the new inter port railway. This overpass and the highway modifications
at the entrance to the port must be in place by the date the port begins operation.
. The DEIS erroneously implies that the Fairmont Parkway grade separation is fully
funded by the TIP and PHA commitments. Harris County, also a party to this
improvement, only recently agreed to the funding arrangements. The TxDot
Agreements have yet to be signed.
. The distance between ships moving into position at the docks may be inadequate
to prevent collision and erosion.
. Ships entering the Bayport Terminal do not have to comply with the State air
emissions reduction efforts and will bring their emissions into close proximity to a
highly urbanized, residential area.
. The DEIS does not speak to reducing or mitigating the increased levels of
pollution from marine vessel coatings and materials, which will come from the
additional increase of foreign flagged vessels entering Galveston Bay. Use of
antifouling coatings to reduce the organic growth of marine life by foreign vessels
do not fall under and are immune to U.S. laws and regulations against the
deposition of trace amounts of anti-fouling coating products in the U.S. waters.
These coatings, designed deliberately to kill or slow marine growths on hulls, are
leaked into the surrounding environment.
Certain pollutants contained in these products have long been recognized as
destructive to natural reefs and entire ecosystems.
. The permit application continues to be silent on the impact of deepening the
channel from 45 feet to 50 feet even though the Bayport wharves are being
designed for a 56-foot depth. We believe it is better to understand the incremental
change from 45 feet to 50 feet today rather than hear the Port has decided to seek
a permit for a 50-foot channel within the next five years.
. A potential exists for conflicts between commercial vessels and recreational boats
in the reach of the Bayport Ship Channel between Bayport and the Houston Ship
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Channel due to the increase in both commercial vessels and recreational boats.
The DEIS does not develop any actions to mitigate this potential conflict except
to suggest that recreational boaters will voluntarily relocate to less congested
areas.
. The sailing distance from the Galveston sea buoy to the Bayport Terminal is
approximately 36 miles. Two alternative terminal locations, Pelican Island and
Shoal Point, have significantly less sailing distances. The DEIS indicates there
would be less risk of ship collisions and groundings associated with development
of the sites with shorter sailing distances.
. Sewage from the ships and the port must be handled in a manner whereby there is
no chance that it will enter Galveston Bay. A system approved by the TNRCC
should be in place by the time operations begin.
. The DEIS lacks discussion of current water quality for the portion of the bay that
would be affected by the construction of this project and subsequent increase in
shipping. It noted a few stations with data collected in 1997-1998 but the
majority is from Galveston Bay Estuary Program reports dated 1992 and 1994.
. The DEIS lacks reference to ongoing projects and water quality results from
current studies that address dioxin and bacteria, which could help, determine
whether or not the Bayport Ship Channel will be added to the state list of
impaired waters.
. The DEIS lacks discussion on the impact of dredging on water quality for the
short or long term. If dredging causes re-suspension of contaminants, the Channel
would be placed on a list that would require Total Maximum Daily Load studies.
. The DEIS lacks discussion on the potential impact of increased shipping activity
and storm water runoff on water quality.
. The DEIS lacks discussion on the effects of ballast water on the Galveston Bay
System.
8
REQt.AT FOR CITY COUNCIL AGA>A ITEM
Appropriation
Agenda Date Requested: February
Requested By: Doug Kneuppe
Source of Funds: Fund 041
Account Number: 041-9892-832-1100
Department: Planning
Amount Budgeted: $830,000
Report: _Resolution: _Ordinance:--X-
Amount Requested: $761,000
Exhibits: Ordinance, Change Order #1
Letter of Recommendation and
Bid Tabulation from Randall-Porterfield
PIC-Qualified Bidder List
Budgeted Item: YES
.
Summary and Recommendation
The FY 01-02 Budget provides $830,000 for design and construction of Fire Station #4. The January
1999 Bond Election provided $750,000 and the current budget added $80,000. Subtracting existing
funding commitments for architectuml and other design related services leaves approximately $761,000
available for construction. The new station is a little over 7,000 s.f., and will be 3 bays wide with dorm
areas for the full-time firefighters. The station will be located at the comer of S. Broadway and McCabe
Road.
Construction plans were prepared by the architectural firm Randall-Porterfield. City staff pnqualified 13
general contractors before the bidding process was initiated. The project was advertised and bids were
opened on January 14, 2002 (see attached bid tabulation). The low bidder is Construction Masters, Inc.
with a base bid amount of $720,000.00 and $32,300 for the emergency generator. The generator should,
if possible, be included with this project. The bid amount for the generator is clearly high, so the architect
and staff have negotiated with Construction Masters to reduce the generator amount to $20,000. (The
average of all generator bids is $18,079). Additionally, in an attempt to keep bid amounts within budget,
the architect specified a medium-gmde metal roof that has a 10-12 year lifecycle before some leaking
would occur and replacement or repair of the roof would be necessary. Since there are funds available,
the architect recommends installing an upgraded metal roofing system with a 30-plus year life-cycle.
Construction Masters has indicated the upgraded roofing system will cost an additional $14,000. The
architect has verified that this amount is legitimate and fair.
The architect has verified the bid submitted by Construction Masters is responsive to the plans and
specifications. Staff recommends awarding this contract to Construction Masters for $720,000 plus
executing Change Order #1 for $34,000 ($20,000 fir generator, $14,000 for roof), and provide the
balance of the funds available, $7,000, as contingency.
Action Required by Council:
Consider, 1) approving an ordinance authorizing the City Manager to execute a construction contmct with
Construction Masters, Inc. for construction of Fire Station # 4 in the amount of $720,000, 2) authorizing
the City Manager to execute Change Order #1 in the amount of $34,000, and 3) providing $7,000 for
contingency for a total appropriation of$761,000 to fund said contract.
Approved for City Council A2enda
CK~ \, ~~
Robert T. Herrera, City Manager
2- - S "O'-U
Date
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ORDINANCE NO. 2002- 258~
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT AND
CHANGE ORDER NO.1, BETWEEN THE CITY OF LA PORTE AND
CONSTRUCTION MASTERS, INC., FOR CONSTRUCTION OF FIRE
STATION NO.4; APPROPRIATING $754,000.00 PLUS A
CONTINGENCY OF $7,000.00, TO FUND SAID CONTRACT AND
CHANGE ORDER NO.1; 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, 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 $754,000.00 from General Obligation Bond Fund 041, plus a
contingency of $7,000.00, to fund said contract with change order.
Section 2. The City Council officially finds, determines, recites,
and declares that a sufficient written notice of the date, hour, place and
subject of this meeting of the City Council was posted at a place
convenient to the public at the City Hall of the City for the time required
by law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been
.
e
ORDINANCE NO. 2002-
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 11th day of February, 2002.
By:
CITY OF LA PORTE
~~/
No an L. alon,
Mayor
ATTEST:
~e~~
City Secretary
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2000 Edition - Electronic Format
AlA Document G701- 2000
Change Order
PROJECT:
(Nam~ and addr~ss)
La Porte Fire Station #4
2900 S. Broadway
La Porte, Texas 77572
TO CONTRACTOR:
(Name and address)
Construction Masters
PO Box 1587
Pearland,Texas 77588
CHANGE ORDER NUMBER:!
DATE: 11 February 2002
ARCHITECT'S PROJECT NUMBER:_
001207 -055
CONTRACT DATE: 11 February 2002
CONTRACT FOR:
New Construction
Fire Station #4 for the City of La Porte
THE CONTRACT IS CHANGED AS FOLLOr ' . .' .'., '. '7/" .'. .
(fncM" wh= "ppHab!.. wy OM","'''' "mo=' "1'" " ,9, '.. "." '\ .
See attached';':::,~,~.~;~"i~~';~,,;.:;~;::,1S::... ,:, '~''''~'''' '" .
The original (Contract ~um) (Cuara~teed Mal,.. . \.'.'~'~~'..'.." ..,....'...\::. 'oJ. .'....,."...;.)" ;.~.."r..".'~..~.:".,(j;;~,-;~:;.:r ....~.~..:.:/.~;.:))(..~ ...'.'....'.::..~.';;.'.';:, '
The net change by preViOusly authorlZed Cha :~;;: ,~h.~' ;:'!'; ~;.~ ;;~~' ' . ",..",~,,::'i;~ ",f:i"~
The (Contracl Sum) ( ,', " "',,,", ':., )"",' , ,",': . :~:;\', '.' ,
The (~onlract Sum) (~lfaranleed Maximum '.;:'.....'..,'.':.;.'.;~(y.. .';' .,,:. '..... ,.:,-.,!.p.;;'/,.<t-.''';' .'...':.'.......'..,. r';;.,.'-:~~.'~.';:,','.:.'.~', . '..,' " '
thiS Change Order ill the amounl of $ 34. ": ::~;1f,,:' ,\,;~.> ~':'~"..)..~'~.~.,', .'
The new (Contract Sum) (Cuaranteed . ,;:.,\,,:<:1:.. . ;;I~,.'" "~"~'''):<~''; ~"I:" :'.' '.
754.000.00 .. '.': '... . 'i~.;'\ . ~", '<1. -')//c, '.:
The Conlract Time will be (iRcreased) (decrea1' . ',.~::i,;,:;l~i~ir
The date o~ Substantial Complelion as o.f the d1; :.' : '; ::~F',:: , '. ."
NOTE: ThiS Change Order does not illclUd~' ':.".c~N'!'; :r~"'\-' "'I}ffi~';'~'" ',' .'
. " .' "" -~ _ '. _.,r.'\. ~ ' ,.1:: ).i,. ~
Gu~ranteed MaxlI~um Pr~ce :vhlCh have b~e ,,~'; " '>':c;;';'~"';~~' " , ,';:f,:~':1!~i" '.
which t~e cost ~r ~rme are ill dispute ~ descnbl: ,': .' ;"'. ,:~~}~~:l;l~, ':'~' ,;~'" c~f~;?~.i~f1\~.'. .'
Not valid until 51 ned b the Architect Co,; ;lo(',.:;:i~;t.t't4'~~~e.tt'..' > ,"Z';;i;j,,>:'t....'
:" ,r.-":-,...,r..;o.~~:, ~~~p , '7 ',,"':"J.r'"""". .....;<,:~....,.,,~7"~~Tt'~.~~-t~:;"'-.~..t'
Randall-Porterfield
Architects, Inc
Construction Masters
City of La Porte
JiIi1n.m'J
(Signature)
(Signature)
OWN ER (Typed name).
Michael Porterfield
BY BY
J-'S/.(Jl.
DATE
toN'~A UCJ/ LJlV PJ1.sr~.f
BY
2-/-02
DATE
DATE
i1:) 2000 The American Institute ot Architects. Reproduction ot the material herem or substantial quotation
of its provisions without written permission of the AlA violates the copyright laws of the United States and
will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright
laws and will subject the violator to legal prosecution. This document was electronically produced with
permission of the AlA and can be reproduced in accordance with your license without violation until the
date of expiration as noted below. expiration as noted below. User Document: g70l chg or l.aia -- 1/31/2002.
AlA License Number 1007489. which expires on 10/2/2002.
OWNER [!]
ARCHITECT [!]
CONTRACTOR [j
FlUDD
OTHER D
AUTHENTICA TlON OF THIS
ELECTRON/CALL Y DRAFTED AlA
DOCUMENT MAYBE MADE BY USING
AlA DOCUMENT 0401.
';;.;.:.;;:;'
~.~
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@ 2000 AIA@
AlA DOCUMENT G701-2000
CHANGE ORDER
The American Institute of.
Architects
1735 New York Avenue, N.W.
Washington. D.C. 20006-5292
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Change Order No. 1 Attachment
1. Acceptance of Alternate with revised cost from $32,300 for emergency
generator to a price of ...................................................................... ..$20,000.00
2. Upgrade metal roof from a 10-12 year life cycle to a metal roofing system
with a 30-plus year life cycle........................................ ........................ .$14,000.00
Total
$34,000.00
FEB-04-02 MON 01:00 PM R~LL-PORTERFIELD
FAX NO. 28~6 6920
P. 02
. -~
~
-
RANDALL-PORTERFIELD
ARC 11 I TEe T S, INC.
_ 1_ I-'~ r_'_I_I_'__
Febru~ry 4, 2002
Mr. Doug Kneupper
Planning Director
City of La Porte
604 West Fairmont Parkway
La Porte, Texas 77572-1115
Re: Fire Station No.4 for tho City of La Porte
Dear Mr. Kneupper;
On Monday, January 14, 2002 at 2:00 pm competitive sealed bids were received at the Cit}' of L<l Porte
for the Proposed New Fire Station No.4. Twelve geneml contractors submilled sealed bids with
accompanying bid bonds.
Based on an analysis of the submitted bids, Construction Masters of Houston, Inc. is the apparent low
bidder.
After negotiations on the emergency generator alternate. Construction Masters have revised their cost
from $32,300 to $20,000. The metal roofing system in the base bid for this job was budget driven. After
further review of the budget, we recommend to upgrade the metal roof from a 10- 12 year life cycle to a
metal roofing system with a 30-yoar plus life cycle.
It is lherefore recommencled the City of La Porte enter into a formal agreement as outlined in the contract
documents with Construction Masters of Houston, Inc. for the sum of seven hundred twenly thousand
dollElrs and zero cents ($720,000.00).
We arc also recommending that tho City of La Porte, once tho contract is approved, sign Change Order
No.1 with U,e acceptance of the allernate for the emergency generator In the amount of $20,000.00 and
upgrade the melal roofing system in the amount of $14,000. Change Order No.1 would Increase tl1e
bU$c bid to seven hundred and fifty four thousand dollars ($754~OOO).
We believe that Construction Masters Is best qualified to successfully execute the requirements of this
contract, and therefore represent tho best for tM City.
Sincerely,
~
S{)5 l:M 270 NorLll
. Le:1g.uc City, TX 77513
H,\j,'tI\\WI'llrLu l'h"S..lion .4\rrrol\\"'OI,d.Uol,LllLut.,tut
281-332-6680
FllX: 281-316-6920
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BIDDER TABULATION SHEET
NEW FIRE STATION #4
CITY OF LA PORTE
Bid Opening DatefTime: January 14, 2002 @ 2:00 pm
ALTERNATE
CONTRACT
BID BOND BASE BID Add power
CONTRACTOR TIME
generator
Construction Yes 300 days $720,000 $32,300
Masters
The Trevino Yes 210 days $750,000 $13,000
Group
Warwick Yes Omitted $750,000 $15,000
Construction
A-Tec Eng. & Yes 220 days $762,023 $17,100
Cont., Inc
Clear Lake Yes 225 days $769,000 $14,000
Construction
Stephens Yes 200 days $773,900 $13,950
Construction
Commodore Yes 240 days $777,000 $19,000
Construction
Frost Yes 210 days $783,000 $14,300
Constructors
Horizon Yes 210 days $798,900 $20,000
Construction
Patak Yes 300 days $849,400 $21,000
Construction
Gaskey Yes 210 days $860,000 $22,300
Construction
Hull & Hull Yes 271 days $881,586 $15,000
Commodore Construction
55 Lyerly, Ste. 100
Houston, TX 77022
Fax: 713-694-0714
Hull & Hull Construction
2223 Kelley
Houston, TX 77026
Fax: 713-699-2581
Clear Lake Construction
1909 Marvin Circle
Seabrook, TX 77586
Fax: 281-474-3844
Trimble & Stephens
4701 Gulf Freeway, F-1
La Marque, TX 77568
Fax: 409-941-9711
DT Construction
PO Box 534
Humble, TX 77347-0534
Fax: 281-540-0174
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Pre-Qualified Bidder List
Fire Station No.4
CLP Project No. 2000-2201
Frost Constructors
8810 Will Clayton Pkwy Ste. C
Humble, TX 77338
Fax: 281-446-0552
Gaskey Construction
11422 Craighead
Houston, TX 77025
Fax: 713-349-0090
Construction Masters
PO Box 1587
Pearland,TX 77588
Fax: 281-485-4702
Horizon Constructors
PO Box 35758
Houston, TX 77235
Fax: 713-721-8667
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A-Tec Engineers & Contractors
103 South Friendswood Dr.
Friendswood,TX 77546
Fax: 281-482-7575
The Trevino Group
1'616 W. 22nd S1.
Houston, TX 77008
Fax: 713-863-8522
Patak Construction
1927 Hwy. 146
Kemah, TX 77565
Fax: 281-334-9814
Warwick Construction
1100 Nasa Rd. One, Ste. 100
Houston, TX 77058
Fax: 281-957-0029
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1997 Edition -Electronic Format
AlA Document A 101-1997
Standard Form of Agreement Between Owner and Contractor
where the basis of payment is a STIPULATED SUM
AGREEMENT made as of the Twelfth day of February in the year of Two Thousand-Two
(In words, indicate day, month and year)
BETWEEN the Owner:
(Name, address and other information)
City of La Porte
PO Box 1115
604 West Fairmont Parkway
La Porte. Texas 77572-1115
and the Contractor:
(Name, address and other information)
Construction Masters of Houston. Inc
PO Box 1587
3908 3rd Street
Pearland. Texas 77588
The Project is:
(Name and location)
Construction of a New Fire Station #4
2900 South Broadway
La Porte. Texas 77572
The Architect is:
(Name, address and other information)
Randall-Porterfield Architects. Inc
565 FM 270 North
League City. Texas 77573
The Owner and Contractor agree as follows.
ARTICLE 1 THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, Conditions of the Contract (General.
Supplementary and other Conditions), Drawings. Specifications. Addenda issued prior to
execution of this Agreement. other documents listed in this Agreement and Modifications
issued after execution of this Agreement; these form the Contract. and are as fully a part of the
Contract as if attached to this Agreement or repeated herein. The Contract represents the
entire and integrated agreement between the parties hereto and supersedes prior negotiations.
representations or agreements, either written or oral. An enumeration of the Contract
Documents. other than Modifications, appears in Article 8.
THIS DOCUMENT HAS IMPORTANT LEGAL
CONSEOUENCES. CONSULTATION WITH
AN ATTORNEY IS ENCOURAGED WITH
RESPECT TO ITS COMPLETION OR
MODIFICA TION. AUTHENTlCA TlON OF
THIS ELECTRON/CALLY DRAFTED AlA
DOCUMENT MA Y BE MADE BY USING AlA
DOCUMENT 0401.
AlA Document A201-1997, General
Conditions of the Contract for
Construction, is adopted in this document
by reference. Do not use with other
general conditions unless this document is
modified.
This document has been approved and
endorsed by The Associated General
Contradors of America.
-
.....-..
....1 ....
.... ...... ,,-
-
01997 AIAiII
AlA DOCUMENT A101-1997
OWNER-CONTRACTOR AGREEMENT
ARTICLE 2 THE WORK OF THIS CONTRACT
The Contractor shall fully execute the Work described in the Contract Documents, except to The American Institute of Architects
the extent specifically indicated in the Contract Documents to be the responsibility of others. 1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
-
(f) 1915. 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, (f) 1997 by The Amencan Institute ot
Architects. Reproduction of the material herein or substantial quotation of its provisions without written
permission of the AlA violates the copyright laws of the United States and will subject the violator to legal
prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator
to legal prosecution. This document was electronically produced with permission of the AlA and can be
reproduced in accordance with your license without violation until the date of expiration as noted below.
User Document: a10l owner-contr.aia -- 2/25/2002. AlA License Number 1007489, which expires on
10/2/2002.
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3.1 The date of commencement of the Work shall be the date of this Agreement unless a
different date is stated below or provision is made for the date to be fIXed in a notice to proceed
issued by the Owner.
(Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date wilJ
be fixed in a notice to proceed.)
Date to be specified in written "Notice to Proceed"
If, prior to the commencement of the Work, the Owner requires time to file mortgages,
mechanic's liens and other security interests, the Owner's time requirement shall be as follows:
THIS DOCUMENT HAS IMPORTANT LEGAL
CONSEQUENCES. CONSULTATION WITH
AN ATTORNEY IS ENCOURAGED WITH
. . ., RESPECT TO ITS COMPLETION OR
3.3 The Contractor shall achIeve SubstantIal Completion of the entIre Work not later than MODIFICATION. AUTHENTICATION OF
days from the date of commencement, or as follows: THIS ELECTRONIC ALL Y DRAFTED AlA
(Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of DOCUMENT MAYBE MADE BY USING AlA
commencement. Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial DOCUMENT 0401
Completion of certain portions of the Work.) .
Three hundred days from date specified in written "Notice to Proceed"
3.2
The Contract Time shall be measured from the date of commencement.
AlA Document A201-1997, General
Conditions of the Contrad for
, subject to adjustments of this Contract Time as provided in the Contract Documents. Construdion is adopted in this document
(Insert provis~ons, if any, for -liquidated damages relating to failure to complete on time or for bonus payments for by reference: Do not use with othe~
early completion of the Work.) general conditions urJess this document is
Owner shall deduct from the final payment a sum equal to $500/day per calendar day modified.
for each and every calendar day work beyond date of substantial completion.
ARTICLE 4 CONTRACT SUM
4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the
Contractor's performance of the Contract. The Contract Sum shall be Seven Hundred
Twenty Thousand Dollars ($ 720.000.00 ), subject to additions and deductions as provided
in the Contract Documents.
4.2 The Contract Sum is based upon the following alternates, if any, which are described
in the Contract Documents and are hereby accepted by the Owner:
(State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the
Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount
foreach and the date when that amount expires)
4.3 Unit prices, if any, are as follows:
ARTICLE 5 PAYMENTS
5.1 PROGRESS PAYMENTS
5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor
and Certificates for Payment issued by the Architect, the Owner shall make progress payments
on account of the Contract Sum to the Contractor as provided below and elsewhere in the
Contract Documents.
5.1.2 The period covered by each Application for Payment shall be one calendar month
ending on the last day of the month, or as follows:
5.1.3 Provided that an Application for Payment is received by the Architect not later than
the firstday of a month, the Owner shall make payment to the Contractor not later than the
~ day of the same month. If an Application for Payment is received by the Architect after
~ 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, ~ 1997 by The Amencan Institute ot
Architects. Reproduction of the material herein or substantial quotation of its provisions without written
permission of the AlA violates the copyright laws of the United States and will subject the violator to legal
prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator
to legal prosecution. This document was electronically produced with permission of the AlA and can be
reproduced in accordance with your license without violation until the date of expiration as noted below.
User Document: a10l owner-contr.aia -- 2/15/2002. AlA License Number 1007489, which expires on
10/2/2002.
This document has been approved and
endorsed by The Associated General
Contradors of America.
01997 AIAGll
AlA DOCUMENT A10l-1997
OWNER-CONTRACTOR AGREEMENT
The American Institute of Architects
1735 New York Avenue, NW.
Washington, D.C. 20006-5292
2
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the application date fIXed above, payment shall be made by the Owner not later than days after
the Architect receives the Application for Payment.
5.1.4 Each Application for Payment shall be based on the most recent schedule of values
submitted by the Contractor in accordance with the Contract Documents. The schedule of
values shall allocate the entire Contract Sum among the various portions of the Work. The
schedule of values shall be prepared in such form and supported by such data to substantiate its
accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall
be used as a basis for reviewing the Contractor's Applications for Payment.
THIS DOCUMENT HAS IMPORTANT LEGAL
5.1.5 Applications for Payment shall indicate the percentage of completion of each portion CONSEOUENCES. CONSULTATION WITH
of the Work as of the end of the period covered by the Application for Payment. AN ATTORNEY IS ENCOURAGED WITH
RESPECT TO ITS COMPLETION OR
5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress MODIFICATION. AUTHENTICATION OF
payment shall be computed as follows: THIS ELECTRON/CALL Y DRAFTED AlA
DOCUMENT~YBE~DEBYU~NGAlA
.1 Take that portion of the Contract Sum properly allocable to completed Work as DOCUMENT 0401.
determined by multiplying the percentage completion of each portion of the Work by AlA Do t A201-1997 G I
the share of the Contract Sum allocated to that portion of the Work in the schedule of Conditi~U;~~ the Contra~t f~~era
values, less retainage of. five percent ( Q %). Pendi~g ~al determinatio~ of cost to Construction, is adopted in this document
the ?wn:r of changes m the Work, amounts not m dispute shall be mcluded as by reference. Do not use with.other
proVIded m Subparagraph 7.3.8 of AlA Document A20l-1997. general conditions unless this document is
modified.
.2 Add that portion of the Contract Sum properly allocable to materials and equipment
delivered and suitably stored at the site for subsequent incorporation in the completed
construction (or, if approved in advance by the Owner, suitably stored off the site at a
location agreed upon in writing), less retainage of five percent (Q%);
.3 Subtract the aggregate of previous payments made by the Owner; and
.4 Subtract amounts, if any, for which the Architect has withheld or nullified a
Certificate for Payment as provided in Paragraph 9.5 of AlA Document A20l-1997.
5.1.7 The progress payment amount determined in accordance with Subparagraph 5.1.6
shall be further modified under the following circumstances:
.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total
payments to the full amount of the Contract Sum, less such amounts as the Architect
shall determine for incomplete Work, retainage applicable to such work and unsettled
claims; and
(Subparagraph 9.805 of AlA Document A201-1.9.97 requires release of applicable retainage upon Substantial.
Completion of Work with consent of surety, ifany.)
.2 Add, if final completion of the Work is thereafter materially delayed through no fault
of the Contractor, any additional amounts payable in accordance with Subparagraph
9.10.3 of AlA Document A20l-1997.
5.1.8 Reduction or limitation ofretainage, if any, shall be as follows:
(If it is intended, prior to Substantial. Completion of the entire Work, to reduce or limit the retainage resulting fi-om
the percentages inserted in Clauses 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract
Documents, insert here provisions for such reduction or limitation.)
This document has been approved and
endorsed by The Associated General
Contractors of America.
~.'!!!!!!!!l "
.... I-Ir
.... . - .....
I.... ...
-
C1997 AIAtl
AlA DOCUMENT A10l-1997
OWNER-CONTRACTOR AGREEMENT
5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance The American Institute of Architects
payments to suppliers for materials or equipment which have not been delivered and stored at 1735 New York Avenue, N.W.
the site. Washington, D.C. 20006-5292
e 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, e 1997 by The Amencan Institute ot
Architects. Reproduction of the material herein or substantial quotation of its provisions without written
permission of the AlA violates the copyright laws of the United States and will subject the violator to legal
prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator
to legal prosecution. This document was electronically produced with permission of the AlA and can be
reproduced in accordance with your license without violation until the date of expiration as noted below.
User Document: al01 owner-contr.aia -- 2/15/2002. AlA License Number 1007489, which expires on
10/2/2002.
3
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5.2 FINAL PAYMENT
5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be
made by the Owner to the Contractor when:
.1 the Contractor has fully performed the Contract except for the Contractor's
responsibility to correct Work as provided in Subparagraph U.2.2 of AIA Document
A201-1997, and to satisfy other requirements, if any, which extend beyond final
payment; and
.2 a fmal Certificate for Payment has been issued by the Architect.
THIS DOCUMENT HAS IMPORTANT LEGAL
CONSEOUENCES. CONSULTATION WITH
5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after AN ATTORNEY IS ENCOURAGED WITH
the issuance of the Architect's fmal Certificate for Payment or as follows: RESPECT TO ITS COMPLETION OR
, MODIFICA TION. AUTHENTICATION OF
THIS ELECTRON/CALLY DRAFTED AlA
DOCUMENT MAYBE MADE BY USING AlA
DOCUMENT 0407.
ARTICLE 6 TERMINATION OR SUSPENSION'
6.1 The Contract may be terminated by the Owner or the Contractor as provided in
Article 14 of AlA Document A20l-1997.
6.2 The Work may be suspended by the Owner as provided in Article 14 of AlA Document
A20l-1997.
ARTICLE 7 MISCELLANEOUS PROVISIONS
7.1 Where reference is made in this Agreement to a provision of AlA Document A20l-1997
or another Contract Document, the reference refers to that provision as amended or
supplemented by other provisions of the Contract Documents.
7.2 Payments due and unpaid under the Contract shall bear interest from the date
payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing
from time to time at the place where the Project is located.
(Insert rate of interest agreed upon, if any.)
Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and
other regulations at the Owners and Contractors prindpal places of business, the location of the Project and elsewhere
may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications,
and also regarding requirements such as written disdosures or waivers.)
7.3 The Owner's representative is:
(Name, address and other infonnation)
Douglas Kneupper. PE
Planning Director
7.4 The Contractor's representative is:
(Name, address and other information)
Bob Campbell
President
7.5 Neither the Owner's nor the Contractor's representative shall be changed without ten
days written notice to the other party.
7.6
Other provisions:
ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS
8.1 The Contract Documents, except for Modifications issued after execution of this
Agreement, are enumerated as follows:
e 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, e 1997 by The Amencan Institute ot
Architects. Reproduction of the material herein or substantial quotation of its provisions without written
permission of the AlA violates the copyright laws of the United States and will subject the violator to legal
prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator
to legal prosecution. This document was electronically produced with permission of the AlA and can be
reproduced in accordance with your license without violation until the date of expiration as noted below.
User Document: al01 owner-contr.aia -- 2/15/2002. AlA License Number 1007489, which expires on
10/2/2002.
AlA Document A207-7997, General
Conditions of the Contract for
Construction, is adopted in this document
by reference. Do not use with other
general conditions unless this document is
modified.
This document has been approved and
endorsed by The Associated General
Contractors of America.
-
.....-..
..... .....
-.........-
-
Cl1997 AIA~
AlA DOCUMENT A 101-1997
OWNER-CONTRACTOR AGREEMENT
The American Institute of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
4
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8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement
Between Owner and Contractor, AlA Document A10l-l997.
8.1.2 The General Conditions are the 1997 edition of the General Conditions of the
Contract for Construction, AlA Document A20l-l997.
8.1.3 The Supplementary and other Conditions of the Contract are those contained in the
Project Manual dated November 20. 2001 , and are as follows:
00800
Supplementary Conditions
13
THIS DOCUMENT HAS IMPORTANT LEGAL
CONSEOUENCES. CONSULTATION WITH
AN ATTORNEY IS ENCOURAGED WITH
RESPECT TO ITS COMPLETION OR
MODIFICATION. AUTHENTICATION OF
THIS ELECTRONICALLY DRAFTED AlA
DOCUMENT MAYBE MADE BY USING AlA
DOCUMENT 0401.
Document
Title
Pages
8.1.4 The Specifications are those contained in the Project Manual dated as in
Subparagraph 8.1.3, and are as follows:
(Either list the Spedfications here or refer to an exhibit attached to this Agreement.)
Section
AlA Document A201-1997, General
Conditions of the Contract for
Construction, ;s adopted in this document
by reference. Do not use with other
. . general conditions unless this document is
8.1.5 The Drawmgs are as follows, and are dated November 20. 2001 unless a dIfferent modified. .
date is shown below:
(Either list the Drawings here or refer to an exhibit attached to this Agreement.)
Title
Pages
See attached Exhibit "A"
Number
Title
Date
This document has been approved and
endorsed by The Associated General
Contractors of America.
See attached Exhibit "B"
8.1.6 The Addenda, if any, are as follows:
Number
Date
Pages
One
Two
January 9. 2002
January 11. 2002
2
1
Portions of Addenda relating to bidding requirements are not part of the Contract Documents
unless the bidding requirements are also enumerated in this Article 8.
~..J:-r:~
WN E R (Signature)
8.1.7 Other documents, if any, forming part of the Contract Documents are as follows:
(List here any additional documents that are intended to form part of the Contract Documents. AlA Document M01-
1997 provides that bidding requirements such as advertisement or invitation to bid Instructions to Bidders, sample
forms and the Contractors bid are not part of the Contract Documents unless enumerated in this Agreement. They _
should be listed here only ifjntended to be part of the Contract Documents.) -
This Agreement is entered into as of the day and year first written above and is executed in at .......
least three original copies, of which one is to be delivered to the Contractor, one to the "':,:......1'.:-
Architect for use in the administration of the Contract, and the remainder to the Owner. ~
~~ ~H'^,AO
L? AlA DOCUMENT A101-1997
CONTRACTO (Signature) WNER-CONTRACTOR AGREEMENT
The American Institute of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
1<t'~-r "I. Ht..fllt:..~. C.t"PI fYl..trJ.,44"E-R..
. (Printed name and title) .
e 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, CO 1997 by The Amencan Institute ot
Architects. Reproduction of the material herein or substantial quotation of its provisions without written
permission of the AlA violates the copyright laws of the United States and will subject the violator to legal
prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator
to legal prosecution. This document was electronically produced with permission of the AlA and can be
reproduced in accordance with your license without violation until the date of expiration as noted below.
User Document: a101 owner-contr.aia -- 2/15/2002. AlA License Number 1007489, which expires on
10/2/2002.
5
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001207-055
e
Exhibit "A"
TABLE OF CONTENTS
Page 1
BIDDING DOCUMENTS
CONTRACT FORMS
Document
00001
00030
00120
00220
00230
- Bid Form
- Advertisement for Bids
- Instructions to Bidders
- Geotechnical Report
Property Survey
Pag-es
2
1
5
32
1
00500 - Contract Forms, Documents
AlA: Al0l, A310, A312, A401, G701,
G702, G703, G704, G706, G706A
G707
CONTRACT DOCUMENTS
1
DIVISION 1
GENERAL
REQUIREMENTS
CONDITIONS OF THE CONTRACT
00700 - ALA General Conditions
ALA A201
00800 - Supplementary Conditions
00830 - Wage Scale
00831 - State Sales Tax Exemption
SPECIFICATIONS
Section
01010 - Summary of Work
01011 - General Stipulations
01070 - Abbreviations and Standards
01200 - Project Meetings
01400 - Contractor Duties for Quality Control
01410 - Testing Lab Services (ALLOWANCE)
01500 - Temporary Facilities
01503 - Insurance and Bonds
01630 - Substitutions
01710 - Cleaning
01711 - Contract Closeout
1
44
14
6
1
Pag-es
1
2
4
1
2
2
2
2
1
1
2
e Exhibit "A" e
Page 2 001207-055
DIVISION 2 02102 - Site Preparation 1
SITE WORK 02200 - Earthwork 2
02210 - Grading, Rough and Finish 1
02220 - Building Excavation 2
02221 - Trenching, Backfill & Compacting 1
02241 - Soil Stabilization, Lime 2
02281 - Termite Treatment 1
02430 - Storm Drainage System 2
02510 - Concrete Curbs, Walks and Paving 2
02513 - Asphalt Paving 3
02580 - Road and Parking Appurtenance 1
02834 - Wood Fencing 2
02900 - Landscaping (ALLOWANCE) 2
02920 Prepared Soil (ALLOWANCE) 1
02930 - Lawns (ALLOWANCE) 2
DIVISION 3 03100 - Formwork 3
CONCRETE 03200 - Reinforcement 2
03310 - Concrete Materials 3
03345 - Finishes 2
03369 - Fill, Toppings and Grout 2
03370 - Curing and Treatment 3
DIVISION 4 04101 - Mortar and Accessories 3
MASONRY 04210 - Brick Masonry 3
04220 - Concrete Masonry Units 3
DIVISION 5 05301 - Permanent Metal Forms 1
METALS 05400 - Cold Formed Metal Framing 2
05500 - Metal Fabrications 2
DIVISION 6 06100 - Rough Carpentry 2
WOOD 06400 - Architectural Woodwork 4
DIVISION 7 07170 - Dampproofing 2
THERMAL AND 07191 - Wall Flashing 2
MOISTURE 07270 - Fire Safing, Miscellaneous Seals 2
PROTECTION 07410 - Metal Ceiling Soffit 3
07621 - Roofing Sheet Metal 3
07900 - Sealants 2
DIVISION 8 08100 - Hollow Metal Doors and Frames 3
DOORS AND 08213 - Plastic Laminate Wood Doors 2
WINDOWS 08362 - Steel Sectional Overhead Doors 2
08526 - Aluminum Windows 2
08710 - Finish Hardware (ALLOWANCE) 2
08730 - Door Thresholds and Seals 1
001207-055
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Exhibit "A"
08800 - Glass and Glazing
Page 3
2
DIVISION 9 09250 - Gypsum Wallboard 3
FINISHES 09310 - Ceramic Tile 5
09511 - Acoustic Ceilings 2
09660 - Resilient Tile Flooring 2
09680 - Carpeting 4
09900 - Painting 3
DIVISION 10 10001 - Miscellaneous Specialties 1
SPECIALITIES 10161 - Plastic Laminate Toilet Compartments 3
10200 - Aluminum Louvers 2
10350 Aluminum Flagpoles 2
10800 - Washroom Accessories 2
DIVISION 11 11452 - Kitchen Appliances (ALLOWANCE) 2
EQUIPMENT
DIVISION 12 Not Used
FURNISHINGS
DIVISIONS 13 13122 - Pre-fabricated Metal Buildings 8
SPECIAL
CONSTRUCTION
DIVISION 14 Not Used
CONVEYING
SYSTEMS
DIVISION 15 15010 - Basic Mechanical Requirements 5
PLUMBING 15060 - Pipes and Pipe Fittings 4
AND 15100 - Valves and Strainers 2
MECHANICAL 15130 - Gages and Gage Connections 1
15170 - Motors 2
15241 - Noise and Vibration Isolation 6
15320 - Fire Sprinkler System (ALTERNATE) 10
15400 - Plumbing 8
15488 - Natural Gas Piping 2
15650 - Air Cooled condensing Units 2
15832 - Air Distribution Devices and Dampers 5
15850 Fan Coil Units 2
15870 - Fans 2
15890 - Ductwork 3
15910 - Ductwork Accessories 3
15950 - Air Conditioning Controls 2
15990 - Testing and Balancing 3
Page 4
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DIVISION 16
ELECTRICAL
Exhibit "A"
e
001207-055
16010 - Basic Electrical Requirements
16110 - Raceway Systems
16120 - Electrical Wiring
16140 - Wiring Devices
6
7
6
3
16231 - Emergency Generator and Transfer Switch 14
(ALTERNATE)
16300 - Service Provisions 2
16440 - Disconnect Switches 2
16450 - Grounding 2
16470 - Panelboards 3
16475 - OvercurrentProtective Devices 3
16490 - Switches 2
16501 - Lamps 1
16502 Ballasts and Accessories 1
16510 - Lighting Fixtures 3
16721 - Fire Alarm System 9
END OF TABLE OF CONTENTS
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C'
;::;:
~
M-E-P ENGINEER
PAaARD I!NGINI!BIUNG ASSOCIATES
3535BRIARPARIC,SUITB210
HOustON, Tz. 17042
713.2711-0386 fax 71l1-27I-93O!I
M-E-P ENGINEERlNG
20. EP-O SlTB PLAN- PLUMBING
21. M-l MECHANICAL PLAN
22. M-2 MECHANICAL SCHEDULE
23. E-l UGlITlNG PLAN
24. B-2 POWER PLAN
25. B-3 ELEClRICAL PANELS
26. P-2 PLUMBING PLAN
27. P-3 PLUMBING SCHEDULES &. RISERS
ARCHITECI'S S'IRUCTURAL ENGINEERS
RANDALL - POll11!RFIIlLD AllamBCl'S,lNC. AJ.A. CON1J. JllMPI!R, 0AllDNI!Il, 4; ASSoaATBS
S6SFJoI.270NORTII STRUC'ltlRAL EI<<l1NIlIlllS
LBAGUEClTY. '11lXAS 17573 394!1IIKAX1'ON
(281) 33Z-6680 (281) 31~ fax HOUSTON, '11lXAS
, (713) 710-3345 (713) 710-3712 fax
INDEX TO DRAWINGS
ARCHITECTURAL STRUCfURAL ENGINEERING
-
1. A-O TITI...E SHEET 16. SO.O GENERAL NOTES
2. SlTBSURVEY 17. S1.1 FOUNDATION PLAN
3. A-I SlTB LAYOUT PLAN 18. S2.1 FOUNDATION DErAILS
4. A-2 SlTB PAVING &. GRADING PLAN 19. S2.2 FOUNDATION DErAILS
S. A-3 SlTBDErAILS
6. A-4 FLOOR PLAN
7. A-S REFLECl'ED CEn.ING PLAN
8. A-6 INTERIOR ELEVATIONS
9. A-7 EXTERIORm.EV ATIONS
10. A-8 WAIL SECrIONS
11. A-9 WAIL SECrIONS
12. A-lO WALL SECl'IONS
13. A-l1 DOOR, WINDOW &. ROOM FINISH SCHEDULE
14. A-12 BUILDING DErAILS
15. A-13 BUILDING DErAILS
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THE AMERICAN INSTITUTE OF ARCHITECTS
Band No: 54-126762
AlA Document A312
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Construction Masters of Houston, Inc.
P.O. Box 1587
3908 3rd Street
Pea.rland, Texas 77588
OWNER (Name and Address):
City of La Porte
P.O. Box 1115
604 West Fainoont Parkway
La Porte, Texas 77572-1115
CONSTRUCTION CONTRACT
Date: February 12, 2002
Amount: ($720 000.00***) Seven Hundred Twenty 'lhousand and 00/00***
Description (Na~e and location): Construction of a New Fire Station #4
2900 South Broadway, La Porte, Texas 77572
SURETY (Name and Principal Place of Business):
United Fire &, Casuatly Canpany
P.O. Box 73909
118 Second Avenue S.E.
Cedar Rapids, Iowa 52407-3909
BOND
Date (Not earlier than Construction Contract Date): February 20, 2002
Amount: ($720,000.00***) Seven Hundred 'IWenty Thousand and 00/00***
Modifications to this Bond: ~one
o See Page 3
CONTRACTOR AS PRINCIPAL
Company:
Construction
(Corporate Seal)
of Houston,
SURETY
Company:
United Fire
eal)
Signature:
Name and Title: ~D8E. rc1. QAmP~ed-
"PReSt DENr
(An~' additional signatures appear on page 3)
(FOR INFORMA nON ONL V-Name, Address and Telephone) .
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
other party):
AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. . AlA ~
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE.. N.W.. WASHINGTON. D.C. 20006
THIRD PRINTING. MARCH 1987
WARNING: Unllc;ensed photocopying violates U.S. trademark laws and Is subject to legal prosecution.
A312.1984 1
e
1 The Contractor and the Surety, jointly and severally,
bind themselves, their heirs, executors, administrators,
successors and assigns to the Owner for the performance
of the Construction Contract, which is incorporated herein
by reference.
2 If the Contractor performs the Construction Contract,
the Surety and the Contractor shall have no obligation
under this Bond, except to participate in conferences as
provided in Subparagraph 3.1.
3 If there is no Owner Default, the Surety's obligation
under this Bond shall arise after:
3.1 The Owner has notified the Contractor and the
Surety at its address described in Paragraph 10 below
that the Owner is considering declaring a Contractor
Default and has requested and attempted to arrange a
conference with the Contractor and the Surety to be
held not later than fifteen days after receipt of such
notice to discuss methods of performing the Construc-
tion Contract. If the Owner, the Contractor and the
Surety agree, the Contractor shall be allowed a reason-
able time to perform the Construction Contract, but
such an agreement shall not waive the Owner's right, if
any, subsequently to declare a Contractor Default; and
3.2 The Owner has declared a Contractor Default and
formally terminated the Contractor's right to complete
the contract. Such Contractor Default shall not be de-
clared earlier than twenty days after the Contractor and
the Surety have received notice as provided in Sub-
paragraph 3.1; and
3.3 The Owner has agreed to pay the Balance of the
Contract Price to the Surety in accordance with the
terms of the Construction Contract or to a contractor
selected to perform the Construction Contract in accor-
dance with the terms of the contract with the Owner.
4 When the Owner has satisfied the conditions of Para-
graph 3, the Surety shall promptly and at the Surety's ex-
pense take one of the following actions:
4.1 Arrange for the Contractor, with consent of the
Owner, to perform and complete the Construction
Contract; or
4.2 Undertake to perform and complete the Construc-
tion Contract itself, through its agents or through inde.
pendent contractors; or
4.3 Obtain bids or negotiated proposals from
qualified contractors acceptable to the Owner for a
contract for performance and completion of the Con-
struction Contract, arrange for a contract to be pre-
pared for execution by the Owner and the contractor
selected with the Owner's concurrence, to be secured
with performance and payment bonds executed by a
qualified surety equivalent to the bonds issued on the
Construction Contract, and pay to the Owner the
amount of damages as described in Paragraph 6 in ex-
cess of the Balance of the Contract Price incurred by the
Owner resulting from the Contractor's default; or
4.4 Waive its right to perform and complete, arrange
for completion, or obtain a new contractor and with
reasonable promptness under the circumstances:
.1 After investigation, determine the amount for
e
which it may "be 'Iiahle to the Owner and, as
soon as practicable after the amount is deter-
mined, tender payment therefor to the
Owner; or
.2 Deny liability in whole or in part and notify the
Owner citing reasons therefor.
5 If the Surety does not proceed as provided in Paragraph
4 with reasonable promptness, the Surety shall be deemed
to be in default on this Bond fifteen days after receipt of an
additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under
this Bond, and the Owner shall be entitled to enforce any
remedy available to the Owner. If the Surety proceeds as
provided in Subparagraph 4.4, and the Owner refuses the
payment tendered or the Surety has denied liability, in
whole or in part, without further notice the Owner shall be
entitled to enforce any remedy available to the Owner.
6 After the Owner has terminated the Contractor's right
to complete the Construction Contract, and if the Surety
elects to act under Subparagraph 4.1, 4.2, or 4.3 above,
then the responsibilities of the Surety to the Owner shall
not be greater than those of the Contractor under the
Construction Contract, and the responsibilities of the
Owner to the Surety shall not be greater than those of the
Owner under the Construction Contract. To the limit of the
amount of this Bond, but subject to commitment by the
Owner of the Balance of the Contract Price to mitigation of
costs and damages on the Construction Contract, the Sure-
ty is obligated without duplication for:
6.1 The responsibilities of the Contractor for correc-
tion of defective work and completion of the Construc-
tion Contract;
6.2 Additional legal, design professional and delay
costs resulting from the Contractor's Default, and re-
sulting from the actions or failure to act of the Surety
under Paragraph 4; and
6.3 liquidated damages, or if no liquidated damages
are specified in the Construction Contract, actual dam-
ages caused by delayed performance or non-perfor-
mance of the Contractor.
7 The Surety shall not be liable to the Owner or others for
obligations of the Contractor that are unrelated to the Con-
struction Contract, and the Balance of the Contract Price
shall not be reduced or set off on account of anv such
unrelated obligations. No right of action shall acc~ue on
this Bond to any person or entity other than the Owner or
its heirs. executors, administrators or successors.
8 The Surety hereby waives notice of any change, includ-
ing changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obliga-
tions.
9 Any proceeding, legal or equitable, under this Bond
may be instituted in any court of competent jurisdiction in
the location in which the work or part of the work is located
and shall be instituted within two years after Contractor
Default or within two years after the Contractor ceased
working or within two years after the Surety refuses or fails
to perform its obligations under this Bond, whichever oc-
curs first. If the provisions of this Paragraph are void or
prohibited by law, the minimum period of limitation avail-
AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 198-1 ED. . AlA ,~
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE.. NW.. WASHINGTO~. D.C. 20006
THIRD PRINTING' MARCH 1987
WARNING: Unlicensed photocopying violates U.S. trademark laws and Is sublect to legal prosecution.
A312.1984 2
e
able to sureties as a defense in the jurisdiction of the suit
shall be applicable.
10 Notice to the Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the sig-
nature page.
11 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, any provision in this
Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions con-
forming to such statutory or other legal requirement shall
be deemed incorporated herein. The intent is that this
Bond shall be construed as a statutory bond and not as a
common law bond.
12 DEFINITIONS
12.1 Balance of the Contract Price: The total amount
payable by the Owner to the Contractor under the
Construction Contract after all proper adjustments
have been made; including allowance to the Con-
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
e
tractor of any amounts received or to be received by
the Owner in settlement of insurance or other claims
for damages to which the Contractor is entitled, re-
duced by all valid and proper payments made to or on
behalf of the Contractor under the Construction Con-
tract.
12.2 Construction Contr(!.ct: The agreement between
the Owner and the Contractor identified on the sig-
nature page, including all Contract Documents and
changes thereto.
12.3 Contractor Default: Failure of the Contra<;tor,
which has neither been remedied nor waived, to per-
form or otherwise to comply with the terms of the
Construction Contract.
12.4 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the Con-
tractor as required by the Construction Contract or to
perform and complete or comply with the other terms
thereof.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACfOR AS PRINCIPAL
Company:
(Corporate Seal)
/?'./ ~"p
Signature: K ~
Name and Title:
Address:
em
SURETY
Company:
(Corporate Seal)
Signature:
Name and Title:
Address:
CAUTION: You should sign an original AlA document which has this caution printed in red.
An original assures that changes will nol be obscured as may occur when documents are reproduced.
AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. . AlA @
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. N.W., WASHINGTON. D.C. 20006
THIRD PRINTING. MARCH 1987
WARNING: Unlicensed photocopying violates U.S. trademar1l laws and is subject to legal prosecution.
A312-1984 3
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IMPORTANT NOTICE
TO OBTAIN INFORMATION OR MAKE A COMPLAINT:
You may call United Fire & Casualty' Company's toll-free telephone number for
information or to make a complaint at:
800-343-9130
You may also write to United Fire & Casualty Company at:
United Fire & Casualty Company
Attn: Bond Department
P.O. Box 73909
Cedar Rapids, IA 52407-3909
-or street address-
United Fire & Casualty Company
Attn: Bond Department
118 2nd Avenue SE
Cedar Rapids, IA 52401
You may contact the Texas Department of Insurance to obtain information on
co:r:npanies, coverages, rights or complaints at:
800-252-3439
You may write the Texas Department of Insurance at:
P.O. Box 149104
Austin, 'IX 78714-9104
AITACH TIllS NOTICE TO YOUR BOND. This notice is for information only
and does not become a part or a condition of the attached document and is
given -to comply with Section 2253.48, Government Code, and Section 53.202,
Property Code, effective September 1, 2001.
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THE AMERICAN INSTITUTE OF ARCHITECTS
Bond No: 54-126762
AlA Document A312
Payment Bond
Any singular reference to Contractor, Sur.ety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
cOnstruction Masters of Houston, Inc.
P.O. Box 1587
3908 3rd street
Pearland, Texas 77588
OWNER (Name and" Address):
City of Ia Porte
P.O. Box 1115
604 West Fairmont Parkway
Ia Porte, Texas 77572-1115
CONSTRUCTION CONTRACT
Date: February 12, 2002
Amount: ($720,000.00***) Seven Hundred Twenty Thousand and no/OO***
Description (Name and Location): Construction of a New Fire Station #4
2900 South Broadway, Ia Porte, Texas' 77572
BOND
Date (Not earlier than Construction Contract Date): February 20, 2002
Amount: ($720,000.00***) Seven Hundred ~t;y Thousand and 00/00***
Modifications to this Bond: ~None
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
Construction ~~ Houston, Inc.
C' & ~~<!C
...gnature:
Name and Title: ROBE~T::r. A/1)fMLl..
PAeS/l>ENT
(Any additional signatures appear on page 6)
SURETY (Name and Principal Place of Business):
United Fire & Casualty Canpany
P.O. Box 73909
118 Second Avenue S.E.
Cedar Rapids, Iowa 52407-3909
o See Page 6
(FOR INFORMA TlON ONL Y-Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
other party):
AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. . AlA ~
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AYE.. N.W.. WASHI:'IGTON. D.C. 20006
THIRD PRINTING. MARCH 1987
A312.1984 4
e
1 The Contractor and the Surety. jointly and severally,
bind themselves, their heirs, executors, administrators,
successors and assigns to the Owner to pay for labor,
materials and equipment furnished for use in the perfor-
mance of the Construction Contract, which is incorpo-
rated herein by reference.
2 With respect to the Owner, this obligation shall be
null and void if the Contractor:
2.1 Promptly makes payment. directly or indirectly,
for all sums due Claimants, and
2.2 Defends, indemnifies and holds harmless the
Owner from claims. demands, liens or suits by any
.person or entity whose claim, demand, lien or suit is
for the payment for labor, materials or equipment fur-
nished for use in the performance of the Construction
Contract, provided the Owner has promptly notified
the Contractor and the Surety (at the address
described in Paragraph 12) of any claims, demands,
liens or suits and tendered defense of such claims,
demands, liens or. suits to the Contractor and the
Surety, and provided there is no Owner Default.
3 With respect to Claimants, this obligation shall be
null and void if the Contractor promptly makes pay-
ment, directly or indirectly. for all sums due.
4 The Surety shall have no obligation to Claimants
under this Bond until:
4.1 Claimants who are employed by or have a direct
contract with the Contractor have given notice to the
Surety (at the address described in Paragraph 12) and
sent a copy, or notice thereof, to the Owner, stating
that a claim is being made under this Bond and, with
substantial accuracy. the amount of the claim.
4.2 Claimants who do not have a direct contract
with the Contractor:
.1 Have furnished written notice to the Con-
tractor and sent a copy. or notice thereof, to
the Owner, within 90 days after having last
performed labor or last furnished materials or
equipment included in the claim stating, with
substantial accuracy, the amount of the claim
and the name of the party to whom the
materials were furnished or supplied or for
whom the labor was done or performed; and
.2 Have either received a rejection in whole or
in part from the Contractor, or not received
within 30 days of furnishing the above no-
tice any communication from the Contractor
by which the Contractor has indicated the
claim will be paid directly or indirectly; and
.3 Not having been paid within the above 30
days, have sent a written notice to the Surety
(at the address described in Paragraph 12) and
sent a copy, or notice thereof, to the Owner,
stating that a claim is being made under this
Bond and enclosing a copy of the previous
. written notice furnished to the Contractor.
5 If a notice required by Paragraph 4 is given by the
Owner to the Contractor or to the Surety, that is suffi-
cient compliance.
e
6 When the Claimant has satisfied the conditions or
Paragraph 4, the Surety shall promptly and at the
Surety's expense take the following actions:
6.1 Send an answer to the Claimant, with a copy to
the Owner, within 45 days after receipt of the claim,
stating the amounts that are undisputed and the basis
for challenging any amounts that are disputed.
6.2 Payor arrange for payment of any undisputed
amounts.
1 The Surety's total obligation shall not exceed the
amount of this Bond, and the amount of this Bond shall be
credited for any payments made in good faith by the Surety.
8 Amounts owed by the Owner to the Contractor under
the Construction Contract shall be used for the perfor-
mance of the Construction Contract and to satisfy claims.
if any, under any Construction Performance Bond. By
the Contractor furnishing and the Owner accepting this
Bond, they agree that all funds earned by the Contractor
in the performance of the Construction Contract are
dedicated to satisfy obligations of the Contractor and
the Surety under this Bond, subject to the Owner's prior-
ity to use the funds for the completion of the work.
9 The Surety shall not be liable to the Owner, Claimants
or others for obligations of the Contractor that are unrelat-
ed to the Construction Contract. The Owner shall not be
liable for payment of any costs or expenses of any Claim-
ant under this Bond, and shall have under this Bond no obli-
gations to make payments to, give notices on behalf of, or
otherwise have obligations to Claimants under this Bond.
10 The Surety hereby waives notice of any change,
including changes of time, to the Construction Contract
or to related subcontracts, purchase orders and other
obligations.
11 No suit or action shall be commenced by a Claimant
under this Bond other than in a court of competent juris-
diction in the location in which the work or part of the
work is located or after the expiration of one year from the
date (1) on which the Claimant gave the notice required by
Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last
labor or service was performed by anyone or the last mate-
rials or equipment were furnished by anyone under the Con-
struction Contract, whichever of (1) or (2) first occurs. If the
provisions of this Paragraph are void or prohibited by law,
the minimum period of limitation available to sureties as a
defense in the jurisdiction of the suit shall be applicable.
12 Notice to the Surety, the OWner or the Contractor
shall be mailed or delivered to the address shown on the
signature page. Actual receipt of notice by Surety, the
Owner or the Contractor, however accomplished, shall
be sufficient compliance as of the date received at the
address shown on the signature page.
13 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, any provision in this
Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions con-
forming to such statutory or other legal requirement shall
be deemed incorporated herein. The intent is that this
AlA DOCUMENT A312 . PERFOR."t"'NCE BOND ^ND P^YMENT BOND. DECEMBER 1984 ED.' ^'^!
THE ^MERIC^N INSTITUTE OF ^RCHITECTS, 1735 NEW YORK ^VE.. N.w.. W^SHINGTON, D.C. 20006
THIRD PRINTING' M^RCH 1987
A312-1984 5
e
Bond shall be construed as a statutory bond and not as a
common law bond.
14 Upon request by any person or entity appearing to be a
potential beneficiary of this Bond, the Contractor shall
promptly furnish a copy of this Bond or shall permit a copy
to be made.
15 DEFINITIONS
15.1 Claimant: An individual or entity having a direct
contract with the Contractor or with a subcontractor of
the Contractor to furnish labor, materials or equip-
ment for use in the performance of the Contract. The
intent of this Bond shall be to include without limita-
tion in the terms "labor, materials or equipment" that
part of water, gas, power, light, heat, oil, gasoline,
telephone service or rental equipment used in the
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
e
Construction Contract, architectural and engineering
services required for performance of the work of the
Contractor and the Contractor's subcontractors, and
all other items for which a mechanic's lien may be
asserted in the jurisdiction where the labor, materials
or equipment were furnished.
15.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig-
nature page, including all Contract Documents and
changes thereto.
15.3 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the Con-
tractor as required by the Construction Contract or to
perform and complete or comply with the other terms
thereof.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL
Company:
(Corporate Seal)
Signalu,., /~,L/
Name and Titre:
Address:
SURETY
Company:
(Corporate Seal)
Signature:
Name and Title:
Address:
AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. . AlA ~
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE.. N.W., WASHINGTON, D.C. 20006
THIRD PRINTING. MARCH 1987
A312.1984 6
e
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IMPORTANT NOTICE
TO OBTAIN INFORMATION OR MAKE A COMPLAINT:
You may call United Fire & casualty" Company's toll-free telephone number for
information or to make a complaint at:
800-343-9130
You may also write to United Fire & Casualty Company at:
United Fire & Casualty Company
Attn: Bond Department
P.O. Box 73909
Cedar Rapids, IA 52407-3909
-or street address-
United Fire & Casualty Company
Attn: Bond Department
118 2nd Avenue SE
Cedar Rapids, IA 52401
You may contact the Texas Department of Insurance to obtain information on
companies, coverages, rights or complaints at:
800-252-3439
You may write the Texas Department of Insurance at:
P.O. Box 149104
Austin,TX 78714-9104
AITACH TIllS NOTICE TO YOUR BOND. This notice is for information only
and does not become a part or a condition of the attached document and is
given to comply with Section 2253.48, Govermnent Code, and Section 53.202,
Property Code, effective September. I, 2001.
2-26-2002 10, 20AM
FROM v I CT~NSlJRANCE 281 485 6933
e
P.l
ACORD.
CERTIFICATE OF LIABILITY INSURANC~Ni~~ 1
1HS CERl'KATE IS ISSUED AS A MATTER OF ORMATION
OM.Y AI) CONFERS NO RIGHTS UPON THE CERTIFIcATE
tKl.DER. TtIS CERTflCATE DOES NOT AMENDr.bTEND OR
ALTER DE COVERAGE AFFORDED BY TIff POIl.:/ES mow.
~TE~
02/26/02
PRCDUCEIl
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Victozy II1Iunncl. Aqtncj, Inc.
P.O. lox 1890 I .
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Purlllld ~ 77588-1890
Jhoae:281-.85-7 00 ,..:281-.85-6933
INSURERS AFFORDING coveRAGE
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tlSUlERA: Y:H-LiDcoln General Inc. :Co.
-I: JUIBt&q I__ranee C
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COl1Jb~on Jluterl
P,O. Soli 1587 . '
harland; 1ft "US-1587
COVERAGl!S
tISUlER ~
taIlER It
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1ltE PCUClI!s OF INSURAHCI! lISnD 8!lOW HAVE BeEN ISSUl!:D TO THe INSUReD NNteD AIIOVE FeR THE POUCV PeIUOO INDICATED. NOlWITHSTANDINO
ANY RE<ll.lReMENT. T!IUi OR CONIllTlClN OF N4Y CONTRACT OR OTIER IlOCUloll!I>fT wmf RESPI!CT TO WHCH THIS C2RT1FICATE aMY iii! ISSUED OR
/lAY PERTAIN. Tl1I! ;~.i AI'I'OROEo BY THe PClICleS D1!SCRlIIED HEREIN IS S\.8JIECT TO AU. THE n=_. ElCCt.USIONS AND CONDITIONS Of SUCH
POI.JCIU.AGclREOATE SSHOWNaMYHAlII!llE~R~IlUCfDBYPAlDClAIMS. ': .
1i'T'R' TVI'l!(I~ I'OLJCY ..- 1lA~ ... LIMa
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GL 5 NC: B~&nIt.t:1 Addi1:ion.~ Inall.,..d ~r wri1:1:en contraot _qqi_tB;
B~UIIc.t: W.i_~ ot Subro<Jation p-r written coJlt:raot: ~~ntB
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CERTFlCATE HOI..DER .. I N I ADOIrlDNAL INSU~.D;......ER IDTER: CJlNCCLLAnON
, LlUlOR-l &>IDUUl.....OFnc_D___.._ELLm_~_TIOIO
- Dl.11!_...........1OO fNSURliIlMJ.__ TO 1IAIt.' .JL OEYSWIIITTeN
c.l t:y o~ Ii- Port. ItOTIClI TO ... CIiIUIOICATe -.oM _YO TNIi LIi7l".1IU1" ~TD GO 10-'-
604 .. l'ajjzmon1: Parlc_y _NO_nON 011 LlMLnvOF""" __ THE lHMER.".AaI!HT.DII
P. O. Bo~ 1115 ; ll9tlaeNTATMs. -
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'--' CI ACORD CiORPORA nON "88
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2000 Edition - Electronic Format
AlA Document G701- 2000
Change Order
PROJECT:
(Name and address)
La Porte Fire Station #4
2900 S. Broadwav
La Porte. Texas 77572
TO CONTRACTOR:
(Name and address)
Construction Masters
PO Box 1587
Pearland. Texas 77588
CHANGE ORDER NUMBER:!
DATE: 11 February 2002
ARCHITECT'S PROJECT NUMBER:_
001207 -055
CONTRACT DATE: 11 February 2002
CONTRACT FOR:
New Construction
Fire Station #4 for the City of La Porte
THE CONTRACT IS CHANGED AS FOLLOWS:
(Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives.)
See attached.
The origin;U (Contract Sum) (Cl:IlH'aftteea Ma:x:im.l:Iffi Priee) was $ 720.000.00
The net change by previously authorized Change Orders $ 0.00
The (Contract Sum) (Cl:IlH'aateea MaIDnil:lffi Prke) prior to this Change Order was $ 720.000.00
The (Contract Sum) (ClIlH'aateea MaIDnil:lffi Price) will be (increased) (aeCfe85ea) (l:IBchanged) by
this Change Order in the amount of $ 34.000.00
The new (Contract Sum) (Cl:l8raateea MlOOffil:lffi-Pflee) including this Change Order will be $
754.000.00
The Contract Time will be (inere85ea) (tlecre85etl) (unchanged) by ( ) days.
The date of Substantial Completion as of the date of this Change Order therefore is
NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or
Guaranteed Maximum Price which have been authorized by Construction Change Directive for
which the cost or time are in dispute as described in Subparagraph 7.3.8 of AlA Document A20l.
Not valid until sismed bv the Architect, Contractor and Owner.
Randall-Porterfield
Architects. Inc
Construction Masters
City of La Porte
OWNER (Typed name)
Q~T.~
(Signature)
:}1;]f~)
(Signature)
Michael Porterfield
BY BY
~
DATE
taN~At./cr//)N ~IKWS 1<ooa"'T --r: ~t.f2~
BY
t.. / -02
DATE
'3-11-- 0 L
DATE
10 2000 The Amencan Institute ot Architects. Reproduction ot the matenal herein or substantial quotation
of its provisions without written permission of the AlA violates the copyright laws of the United States and
will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright
laws and will subject the violator to legal prosecution. This document was electronically produced with
permission of the AlA and can be reproduced in accordance with your license without violation until the
date of expiration as noted below. expiration as noted below. User Document: g701 chg or l.aia .. 1131/2002.
AlA License Number 1007489, which expires on 10/2/2002.
OWNER [i]
ARCHITECT [i]
CONTRACTOR ~
FIELD D
OTHER 0
AUTHENTICATION OF THIS
ELECTRON/CAll Y DRAFTED AlA
DOCUMENT MAY BE MADE BY USING
AlA DOCUMENT 0401.
.......... "
....~ ...
-........ .......
-
@ 2000 AIA~
AlA DOCUMENT G701-2ooo
CHANGE ORDER
The American Institute of
Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
e
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Change Order No. 1 Attachment
1. Acceptance of Alternate with revised cost from $32,300 for emergency
generator to a price of ....................................................................... .$20,000.00
2. Upgrade metal roof from a 10-12 year life cycle to a metal roofing system
with a 30-plus year life cycle.. ............................ .................................. .$14,000.00
Total
$34,000.00
i ~i-
•
~'VF.TLANDS/HABITAT
DRAFT
o2i21io2
11:30 am
• Wetlands in the Galveston Bay watershed provide treatment of storm water runoff
and buffer floods to reduce storm surges and additionally serve as habitat for
wildlife and commercially valuable species.
The DEIS describes 2.5 acres of wetlands under the jurisdiction of the Corps that
will be destroyed and require mitigation and 103.5 acres of non jurisdictional
wetlands. The DEIS lacks adequate discussion on the impact of losing these
wetlands.
• The DEIS lacks adequate discussion on the value of wetlands, specific mitigation
requirements, or the location of mitigation.
BAYFRONT DEVELOPMENT/RECREATION
The permit is silent in addressing the impact that Bayport development will have
on future recreation and bayfront developments in La Porte. In 1993, the City
adopted a Bayfront Master Plan. The primary aims of this study are to stimulate
economic development within the City, to diversify the City's economic base
through the stimulation of its tourist industry, and to create a more desirable
physical environment through the enhancement of its waterfront assets. A copy
of this report was given to the Port of Houston Authority consultants. They
indicated that it was good we had plans for waterfront development and that they
would study what impact the Bayport development would have on our vision and
respond to us. No response has been afforded to us. The Corps should look at all
plans which were adopted before Bayport was conceived to determine how the
proposed development will hinder growth, redevelopment, and the ability for
beautification and visual enhancement of the waterfront as well as of the
waterfront district itself.
Approximately 2 %Z years ago we issued a position paper on the expansion. For the
purpose of record keeping, we are resubmitting it to you as it was written and delivered
to your agency on August 17,1999 at a scoping meeting held in Pasadena, Texas.
9
• DRAFT
02/21 /02
11:30 am
j~'E BE~IEhE THAT OUR ORIGINAL. CONCERNS REIITAIN
i~ALID AND REQUEST' ~'I~E CORPS RE5~O_ND TO
THESE OBSER VA TION.S' A.~S ~I'F_ L ~:
1) The development will bring about changes in our community which are disruptive
and more than just a nuisance. Homes on the north side of the Channel to
Bayport will experience noise, air pollution, lighting, and shoreline erosion
problems. These issues, if not addressed, will cause the property owners' land
values to be lowered, and their ability to sell their homes would be very difficult
without taking a loss. If the Port Authority cannot correct these real estate
concerns, then consideration from the Port Authority should be given to buy out
the homes at fair market value, which abut the development.
2) The proposed development will bring with it major rail and vehicle transportation
issues which will impact the City of La Porte and will affect neighboring
communities. The proposed development will cause delays at rail crossings of
major thoroughfares such as Fairmont Parkway, Shoreacres Boulevard, and Red
Bluff Drive. Consideration from the Port of Houston must be given to working
with local jurisdictions to resolve traffic concerns. In addition, the Port Authority
should petition the State of Texas Highway Department to insure that State
Highway 146 and State Highway 225 roadways are designed and constructed in
advance to provide for the growth of the area and this development. It is
recommended the Port Authority approach the State Highway Department to
create a specialized truck lane on State Highway 146 to isolate the truck traffic to
and from port facilities. The Port Authority should actively take a lead role in
insuring rail crossings have overpasses and should also seek ways to fund these
overpasses and their construction before the proposed development occurs.
3) The proposed development will add significant air pollution issues that cannot be
ignored. The Bayport facility will generate additional air pollution from its use of
diesel trucks, diesel ships, diesel cranes, and diesel vehicles that will operate at
this location. The Port Authority should study the impact of this air pollution to
the surrounding communities and to Harris County. Consideration should be
given to using equipment that uses a cleaner burning fuel alternative. In addition,
consideration should be given to the placement of air monitoring devices along
the site boundaries to measure the air quality leaving the site. East Harris County
is under orders of the EPA that our region must reduce nitrogen oxides (Nox)
emissions by as much as 85 percent to come into compliance with the national
ozone standard by the year 2007. Adding this facility at this location contradicts
any state goal adopted to reduce Nox emissions in our region.
10
• •
DRAFT
o2i21 io2
11:30 am
4) The Port of Houston should require a complete Environmental Impact Study be
performed by the Army Corps of Engineers and require the Corps of Engineers to
seek input from all communities and agencies which adjoin or may play some role
in protecting the waters of Galveston Bay as a nationally important estuary. The
Port Authority should also engage a consultant to study the existing shipping
traffic patterns that enter and use the Bayport Channel and apply this usage to
their traffic models. Furthermore, it is recommended that the same consultant
study the water area of the Bayport Channel as it relates to the use of water
recreational activities such as sailing, fishing, and shrimping.
5) The proposed development may bring about detrimental marine changes whose
impact must be understood. The operation of a facility of this type will cause
additional erosion to the north boundary of the Bayport Channel. Measures must
be in place to protect and eliminate the continual loss of shoreline to ship activity
visiting and leaving the development. As larger ships come into play, the Port of
Houston should attempt to understand the impact to Galveston Bay marine
ecosystem if the channel is ever dredged to a depth of 50 feet. The Port Authority
should require the Army Corps of Engineers to look at this depth as well as the
45-foot depth, which is proposed, to better understand the incremental change that
may occur, if any.
If you should require any additional information, please let me know.
Sincerely,
Mayor Norman L. Malone
Peter Griffiths, Councilman At-Large A
Alton Porter, Councilman At-Large B
Chuck Engelken, Councilman District 2
James Warren, Councilman District 4
Jerry Clark, Councilman District 6
cc: Robert T. Herrera, City Manager
Knox W. Askins, City Attorney
Guy Sutherland, Councilman District 1
Howard Ebow, Councilman District 3
Charlie Young, Councilman District 5
11
•
/~
~,
•
City of La Porte
Established 1892
~'EX A5
January 10, 2002
Certified Mail
7000 1670 0002 2104 0259
Mr. Kerry M. Stanley
U.S. Army Corps of Engineers
Galveston District
Regulatory Branch
P.O. Box 1229
Galveston, Texas 77553-1229
Dear Mr. Stanley:
On behalf of the City of La Porte, please accept, record, and file this letter as the City of
La Porte's comments regarding the Draft Environmental Impact Statement (DEIS) for the
proposed Bayport Marine Terminal.
The City of La Porte appreciates the time and effort the U.S. Army Corps of Engineers
has given to study the permit application received from the Port of Houston. We
recognize that the review was complex and voluminous. We also believe that the Port of
Houston has made a genuine effort to understand some of the concerns raised by
residents of East Harris County and the communities they reside in.
Our City has participated with the work group developed by the Port Authority
(Community Advisory Group) and has attended several public hearings and scoping
meetings. The Port Authority continues to work in good faith with the Community
Advisory Group in addressing elements of the DEIS and other issues raised during this
process. However, it is the view of the Council, who represent the community, that
concerns raised in the August 1999 position paper have been heard but not acted upon or
resolved. Consequently, the City is opposed to the Bayport site, or any combination
including Bayport, because we firmly believe the DEIS reinforces our concerns that this
site would have substantial long term negative environmental impacts for our community.
We would hope that before you consider issuing a permit for this location, you will
follow all adopted procedures to insure the public's due process and interests are held at
the highest degree of accountability. In addition, we would request that all issues raised
during the scoping process, that may not have been analyzed in the current DEIS, be
looked at diligently and reported in the final EIS along with all comments received on the
circumstances we have no control over. We further believe that the applicant has a duty
P.O. Box 1115 • La Porte, Texas 77572-1115 (281) X71-5020
•
and stewardship responsibilities to the community that is not yet evident in their permit
application.
The DEIS Executive Summary established two categories, non-environmental and
environmental, for comparison of alternate sites. In general, our review finds that the
proposed Bayport site ranked either favorably or equal to other sites in the non-
environmental categories of availability, operational effectiveness and site constraints.
However, within the environmental category, the Bayport site displayed many negative
environmental impacts that were more significant than alternate sites. We sincerely hope
that convenience, ease of construction and infrastructure costs for the PHA does not
prevail over real environmental impacts to adjacent and nearby homes and communities.
Another great concern is the comment on air quality. Except for the No Action
Alternative, the comments on Airshed Atmosphere Loading aze the same for all
alternative sites. Especially disturbing is the statement that,
"2007 NOX and VOC emissions generated by terminal construction and operations
aze included in the HGA ozone attainment plan. Therefore, the impact on the
region's plan to attain the ozone standard is a long term, less than significant
adverse impact."
In effect, this is saying that the increased emissions from Bayport can be spread out or
balanced over an eight county region while in reality the impacts will be a loading to be
borne by the adjacent communities. Please explain why other environmental impacts
were site specific while this impact was assumed to be spread out over a region?
In La Porte we remember the traffic problems which resulted when Bazbours Cut was
being built. We remember the discussions and compromises by both sides, which
resulted in a grudging acceptance of Bazbours Cut by its neighbors. Today, we continue
to live with those environmental impacts and lack of planning and public/community
involvement in the development of Bazbours Cut.
We aze familiaz with the much stricter environmental regulations that exist today and
trust that the Corps of Engineers will recognize that Bayport is not the appropriate site.
2
•
C~
ADDITIONAL CONCERNS WE REQUEST BE
ADDRESSED BY YOUR AGENCYARE
LISTED BELOW
NOISE POLLUTION
• Homes to the north side of the Channel will experience disruptive amounts of
noise. The DEIS notes that construction noise .alone during the nighttime would
exceed 55 dBA (decibels, A-weighted sound level) at the nearest residences for
dredging, and the nighttime pile construction would exceed 55 dBA at the nearest
residences. Operation sound levels at the residences north of the Channel would
increase 16 to 22 dBA and exceed 65 Dba Ldn. Two of the alternate sites listed
would not increase noise pollution or disturb area residents.
AIR POLLUTION
DEIS Statement
• The DEIS states "emissions of NOX [Nitrogen Oxides (NO + NOZ) + the nitrate
radical (N03)], S02 (Sulfur Dioxides), and PMIO (Particulate Matter less than 10
microns in diameter) will be generated by construction equipment engines as well
as fugitive dust emissions. This is a short term adverse impact.
Comment
- The EIS lacks discussion of fine particulate matter that will be discharged.
Although this area currently is in compliance at 10 microns, a small
increase from the port may cause it to be non compliant.
DEIS Statement
• Fugitive dust PMio emissions would be mitigated by use of dust control
measures. Emissions of NOX, S02 and PMio will be generated both offsite and
onsite due to container and cruise terminal operations. These emissions represent
a long-term adverse impact.
Comment
- The EPA is lowering the standard from 10.0 to 2.5, which mandates that
the EIS address this issue.
3
•
•
DEIS Statement
The impact on the Ozone Attainment Plan is stated as "2007 NOX and VOC
(Volatile Organic Compounds) emissions generated by terminal construction and
operations are included in the HGA (Houston-Galveston Non-attainment Area)
ozone attainment plan. Therefore, the impact on the region's plans to attain the
ozone standazd is a long-term, less than significant adverse impact.
• Less than significant impact is represented by an increase in pollutant loading that
is incorporated into the HGA ozone attainment plan modeling and is not expected
to jeopardize the ability of the area to reach attainment by 2007.
• Significant impact is represented by an increase in pollutant loading that has not
been incorporated into the HGA ozone attainment plan modeling and may risk the
ability of the azea to come into attainment.
• Emissions incorporated into the HGA ozone attainment plan modeling for the
terminal development in 2007 are:
^ Vessels - 3 tons per day (tpd) of NOX and 0.076 tpd of VOC;
^ Non-road - 0.51 tpd of NOX and 0.26 tpd of VOC;
^ Construction - 0.07 tpd of NOX and 0.008 tpd of VOC;
^ Dredging - 0.24 tpd of NOX and 0.003 tpd of VOC; and
^ On-road -not identified specifically but accommodated for as
growth to the area.
• Emissions loading estimates past 2007 have not been evaluated.
Comment
- What about impacts after 2007 (Less than 5 Years) when increased
operations and future expansions occur?
- Vessels emissions -does the modeling include both trips to and from port
and while vessels are in port?
- Emissions from railroad activity is not included (and currently not subject
to state regulations)
4
•
- Emissions from on-road activity is not identified specifically but
accommodated for as growth to the area. Did the future growth include
estimates for Bayport construction and future expansions -for the 2007
State Implementation Plan? After 2007? Again, currently commercial
truck activity (and heavy equipment) is federally regulated and falls
outside the TNRCC's Pollution Control Plan.
- The less than significant impact definition avoids the true impact to the
communities adjacent to and near the Bayport site. It assumes it's. not
significant because a number has been plugged into an attainment plan
that covers an eight county area. Airshed Impacts should be site specific
and not assumed to be less than significant because it was spread out or
balanced over an eight county area. There are alternative sites where the
Airshed Impacts would not affect such a large population.
- The entire eight county region is being subjected to rules related to heavy
construction limitations, landscape and lawn mowing limitations and new
speed limits. Even though small in their total effect, we've all been asked
to share the load while this proposed activity is a point source and a real
impact borne by a few people, not fully projected for year 2007 and not
projected at all beyond 2007.
- All of these concerns are amplified by the fact that the 2007 State
Implementation Plan still falls short of needed NOX reductions. Therefore,
any increase in NOX is unjustified and unreasonable.
^ Hams County officials have recently indicated they may take
action on the proposed 55 mph speed limit. If this occurs and the
55 mph restriction is removed then the projected NOX 2007
shortfall would be even greater.
^ Furthermore, five petitions filed with the Ss' U.S. Circuit Court of
Appeals cite different flaws in the plan as reasons the court should
review and set aside the EPA's approval. The petition argues that
the 2007 SIP Plan did not account for the future growth of
emissions expected for entities like the Port of Houston. Please
advise what the petition claims was not accounted for.
LIGHT POLLUTION
• Homes to the north side of the channel will experience disruptive amounts of light
pollution. The DEIS states "Development of the Terminal complexes would
change the visual character at any of the terminal location alternatives from a low
level undeveloped area to swell-lighted, 24-hour transportation facility with high-
mast lighting."
5
•
• The DEIS indicates the residential areas north of Bayport Terminal would not
experience an increase in nighttime ambient light due to the distance from the
light sources. However, operational lighting at Bayport could lead to nightglow
that would be visible by virtually all the residential areas adjacent to Bayport.
There are several alternative sites where there are no residential areas in the
vicinity of the site.
EROSION
• The information on shoreline erosion at the Bayport Channel is documerned in the
DEIS. It was noted that, on the average, each bank has been retreating at a rate of
4.3 feet per year. This would be expected to increase because of increased traffic.
• The DEIS summary states that there is no short term or long-term impact relating
to shoreline erosion. We assume this is attributed to another statement that
"unprotected shoreline to be protected as part of the project construction."
• Please confirm that plans for shoreline protection were part of the application and
that they include protection of the private property at and around the northeast
corner of the channel entrance to Bayport.
TRANSPORTATION ISSUES
• Delays will be caused at rail crossings and major thoroughfares due to increased
vehicular and rail traffic. The DEIS preserns references to roadways that will
need to be improved upon but does little to discuss the actual additional traffic
and the burden it would place on area residents. No consideration has apparently
been given to conflicts with existing vehicular traffic. The only suggestions made
are the widening of Port Road from the project site to SH 146 and "proposed
interchange and ramp improvements in the vicinity of the Port Road and SH 146
interchange." The DEIS acknowledges that Red BluffRoad, Port Road, and SH
146 will need improvements in future years based on projected growth with or
without the Bayport Terminal. As for rail traffic, the DEIS is even more vague,
stating only that "The site is located so that trains from the site could easily be
consolidated with those from the Barbours Cut Terminal" and suggests "road/rail
grade separation at new rail crossings at SH 146."
• The DEIS addressed the impact to the transportation system on an area basis but
does not address localized impacts. Local communities, which are already subject
6
•
to the worst environmental impacts, will thus realize immediate impact on their
surface transportation and this must be discussed.
• An overpass must be constructed where Fairmont Parkway, a major thoroughfare,
crosses the new irner port railway. This overpass and the highway modifications
at the entrance to the port must be in place by the date the port begins operation.
• The DEIS erroneously implies that the Fairmont Parkway grade separation is fully
funded by the Transportation Implementation Plan and Port of Houston Authority
commitments. Harris County, also a party to this improvement, only recently
agreed to the funding arrangements. The Texas Departmern of Transportation
Agreements have yet to be signed.
SHIPPING
• The distance between ships moving into position at the docks may be inadequate
to prevent collision and erosion.
• Ships entering the Bayport Terminal do not have to comply with the State air
emissions reduction efforts and will bring their emissions into close proximity to a
highly urbanized, residernial area.
• The DEIS does not speak to reducing or mitigating the increased levels of
pollution from marine vessel coatings and materials, which will come from the
additional increase of foreign flagged vessels entering Galveston Bay. Use of
antifouling coatings to reduce the organic growth of marine life by foreign vessels
do not fall under and are immune to U. S. laws and regulations against the
deposition of trace amounts of anti-fouling coating products in the U.S. waters.
These coatings, designed deliberately to kill or slow marine growths on hulls, are
leaked into the surrounding environment.
Certain pollutants contained in these products have long been recognized as
destructive to natural reefs and entire ecosystems.
• The permit application continues to be silent on the impact of deepening the
channel from 45 feet to 50 feet even though the Bayport wharves are being
designed fora 56-foot depth. We believe it is better to understand the incremental
change from 45 feet to 50 feet today rather than hear the Port has decided to seek
a permit fora 50-foot channel within the next five years.
7
~ i
• A potential exists for conflicts between commercial vessels and recreational boats
between Bayport and the Houston Ship Channel. The DEIS does not develop any
actions to mitigate this potential conflict except to suggest that recreational
boaters will voluntarily relocate to less congested areas.
• The sailing distance from the Galveston sea buoy to the Bayport Terminal is
approximately 36 miles. Two alternative terminal locations, Pelican Island and
Shoal Point, have significantly less sailing distances. The DEIS indicates there
would be less risk of ship collisions and groundings associated with development
of the sites with shorter sailing distances.
SEWAGE
• Sewage from the ships and the port must be handled in a manner whereby there is
no chance that it will enter Galveston Bay. A system approved by the TNRCC
should be in place by the time operations begin.
WATER QUALITY
• The DEIS lacks discussion of current water quality for the portion of the bay that
would be affected by the construction of this project and subsequent increase in
shipping. It noted a few stations with data collected in 1997-1998 but the
majority is from Galveston Bay Estuary Program reports dated 1992 and 1994.
• The DEIS lacks reference to ongoing projects and water quality results from
current studies that address dioxin and bacteria, which could help, determine
whether or not the Bayport Ship Channel will be added to the state list of
impaired waters.
• The DEIS lacks discussion on the impact of dredging on water quality for the
short or long term. If dredging causes re-suspension of contaminants, the Channel
would be placed on a list that would require Total Maximum Daily Load studies.
• The DEIS lacks discussion on the potential impact of increased shipping activity
and storm water runoff on water quality.
• The DEIS lacks discussion on the effects of ballast water on the Galveston Bay
System.
8
WETLANDS/HABTTAT
• Wetlands in the Galveston Bay watershed provide treatment of storm water runoff
and buffer floods to reduce storm surges and additionally serve as habitat for
wildlife and commercially valuable species.
• The DEI5 describes 2.5 acres of wetlands under the jurisdiction of the Corps that
will be destroyed and require mitigation and 103.5 acres of non jurisdictional
wetlands. The DEIS lacks adequate discussion on the impact of losing these
wetlands.
• The DEIS lacks adequate discussion on the value of wetlands, specific mitigation
requirements, or the location of mitigation.
BAYFRONT DEVELOPMENT/RECREATION
• The permit is silent in addressing the impact that Bayport development will have
on future recreation and bayfront developments in LaPorte. In 1993, the City
adopted a Bayfront Master Plan. The primary aims of this study are to stunulate
economic development within the City, to diversify the City's economic base
through the stimulation of its tourist industry, and to create a more desirable
physical environment through the enhancement of its waterfront assets. A copy
of this report was given to the Port of Houston Authority consultants. They
indicated that it was good we had plans for waterfront development and that they
would study what impact the Bayport development would have on our vision and
respond to us. No response has been afforded to us. The Corps should look at all
plans which were adopted before Bayport was conceived to determine how the
proposed development will hinder growth, redevelopment, and the ability for
beautification and visual enhancement of the waterfront as well as of the
waterfront district itself.
Approximately 2 '/s years ago we issued a position paper on the expansion. For the
purpose of record keeping, we are resubmitting it to you as it was written and delivered
to your agency on August 17,1999 at a scoping meeting held in Pasadena, Texas.
9
i
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WE BELIEVE THAT OUR ORIGINAL CONCERNS REMAIN
VALID AND REQUEST THE CORPS RESPOND TO
THESE OBSERVATIONS AS WELL
1) The development will bring about changes in ow community which aze disruptive
and more than just a nuisance. Homes on the north side of the Channel to
Bayport will experience noise, air pollution, lighting, and shoreline erosion
problems. These issues, if not addressed, will cause the property owners' land
values to be lowered, and their ability to sell their homes would be very difficult
without taking a loss. ffthe Port Authority cannot correct these real estate
concerns, then consideration from the Port Authority should be given to buy out
the homes at fair mazket value, which abut the development.
2) The proposed development will bring with. it major rail and vehicle transportation
issues which will impact the City of La Porte and will affect neighboring
communities. The proposed development will cause delays at rail crossings of
major thoroughfazes such as Fairmont Pazkway, Shoreacres Boulevard, and Red
B1uffDrive. Consideration from the Port of Houston must be given to working
with local jurisdictions to resolve traffic concerns. In addition, the Port Authority
should petition the State of Texas Highway Department to inswe that State
Highway 146 and State Highway 225 roadways aze designed and constructed in
advance to provide for the growth of the area and this development. It is
recommended the Port Authority approach the State Highway Department to
create a specialized truck lane on State Highway 146 to isolate the truck traffic to
and from port facilities. The Port Authority should actively take a lead role in
insuring rail crossings have overpasses and should also seek ways to fund these
overpasses and their construction before the proposed development occurs.
3) The proposed development will add significant air pollution issues that cannot be
ignored. The Bayport facility will generate additional air pollution from its use of
diesel trucks, diesel ships, diesel cranes, and diesel vehicles that will operate at
this location. The Port Authority should study the impact of this air pollution to
the surrounding communities and to Harris County. Consideration should be
given to using equipment that uses a cleaner burning fuel alternative. In addition,
consideration should be given to the placement of air monitoring devices along
the site boundazies to measwe the air quality leaving the site. East Harris County
is under orders of the EPA that ow region must reduce nitrogen oxides (Nox)
emissions by as much as 85 percent to come into compliance with the national
ozone standazd by the yeaz 2007. Adding this facility at this location contradicts
any state goal adopted to reduce Nox emissions in our region.
10
4) The Port of Houston should require a complete Environmental Impact Study be
performed by the Army Corps of Engineers and require the Corps of Engineers to
seek input from all communities and agencies which adjoin or may play some role
in protecting the waters of Galveston Bay as a nationally important estuary. The
Port Authority should also engage a consultant to study the existing shipping
traffic patterns that enter and use the Bayport Channel and apply this usage to
their traffic models. Furthermore, it is recommended that the same consultant
study the water area of the Bayport Channel as it relates to the use of water
recreational activities such as sailing, fishing, and shrimping.
5) The proposed development may bring about detrimental marine changes whose
impact must be understood. The operation of a facility of this type will cause
additional erosion to the north boundary of the Bayport Channel. Measures must
be in place to protect and eliminate the continual loss of shoreline to ship activity
visiting and leaving the development. As larger ships come into play, the Port of
Houston should attempt to understand the unpact to Galveston Bay marine
ecosystem if the channel is ever dredged to a depth~of 50 feet. The Port Authority
should require the Army Corps of Engineers to look at this depth as well as the
45-foot depth, which is proposed, to better understand the incremental change that
may occur, if any.
If you should require any additional information, please let me know.
;~y,
f
Norman L. one Peter ' fit^hs, Councilman At-Large A
Alton P~ort~ e~rj, Councilman At-Lazge B Guy
C~:~. ~-
Chuck Engelken, J .Councilman District 2 How
"~.-.sue. ~j. ~'~~EL•L~G,-..~
~J~ines Warren, Councilman District 4
~ y !` J
Je ~~ arke, uncilrn'an District 6
cc: Rob rt T. Herrera, City Manager
Knox W. Askins, City Attorney
District 1
~~ ~ c,J
Ebow, Councilman istrict 3
~`2xc-P G`~w-1
Chazlie Yo , Counc' an District 5
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REQlsT FOR CITY COUNCIL AJtNDA ITEM
Apda Dale Requested: --nfd'::"1J: 11,1002
Requested By: Carnl B~
Department: A.dp'iuilltrati.ve S~"';cel
Aoorooriation
Source of Funds:
CIP Fund
Account Number: 015-9892-781-1100
Report:
Resolution:
Ordinance:
x
Amount Budgeted: 350,000.00
Exhibits:
Ordinance No. 2002-
Amount Requested: 67.500.00
Exhibits: BEACON Interlocal Collaborative Ae:reement & Forms
Budgeted Item: YES NO
Narrative Overview ofPrQject
Exhibits:
SUMMARY & RECOMMENDATION
In September of 2001, on behalf of the La Porte community, La Porte Independent School District (LPISD) was awarded a
$525,000.00 grant from the Texas Telecommunications Infrastructure Fund (TIF) for a community network to be known as
BEACON @.ayshore ~quitable Access rommunity Qn-line ~etwork). $25,000.00 has been received for funding the
consultant to facilitate the planning phase and assist with required documentation. $500,00.00 will be available upon TIP's
approval of the community's proposed plan.
City staff has been attending various meetings with Jim Schul, LPISD Executive Director for Technology, and members of
local organizations to plan details for the BEACON program. The intent of the program is to provide as much
computer I Internet access to information for our community as possible, especially, for our underserved populations/areas.
Some locations (known as public access points) will be desirable for 24-hour access opportunities. This grant is not specific
to LPISD. It is for the entire community.
The public was asked to complete a written survey for the BEACON committee to detennine and prioritize the community's
actual computer I Internet access needs. Surveys were sent home with LPISD students and were included in employee
paychecks. Approximately 2,000 surveys were received.
Mr. Schul is asking the City not only to support the BEACON concept, but also to be an active participant Staff has
reviewed and selected the following City facilities as public access points for kiosks and I or personal computers: City Hall,
Recreation Fitness Center, Golf Course, Jennie Riley, Brookglen, Evelyn Kennedy, and Fainnont Parle Civic Centers.
One requirement of the grant is a minimum 10% match of local funds to show a good faith commitment by the community.
As one of the key participants and the project's fiscal agent, LPISD is committing $102,000.00 towards the project. The
BEACON organization is requesting that the City, as another key participant, commit in-kind resources totaling a value of
$67,500.00 as a local match towards this project. Once the grant is awarded, computer equipment (including wiring, etc.)
purchased to operate the City's wide area networking (WAN) system, during the term of the grant, may be credited as an
in-kind match. Also, the City will be requested to assign a representative to serve on the BEACON Governing Board.
In addition to project management funding, this grant will fund major high-speed equipment (wireless components,
installation I configuration, testing, public computers, kiosks, etc.), which will allow the City an extremely high-speed
connection to the Internet, as well as, allow the City to proceed with its technology plan.
The revised deadline for submitting the grant .equest is by February 15, 2002.
Action Reauired bv Council:
Adopt an Ordinance authorizing the City Manager to execute the BEACON Interlocal Collaborative Agreement and
all related documents, committing in-kind resources valued at $67,500.00, to obtain TIF grant funding.
;;/8/o~
Date f (
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ORDINANCE NO. 2002-ill.9/
AN ORDINANCE APPROVING AND AUTHORIZING AN INTERLOCAL
COLLABORATIVE AGREEMENT AMONG THE CITY OF LA PORTE; LA PORTE
INDEPENDENT SCHOOL DISTRICT; CITY OF SHOREACRES; CITY OF MORGAN'S
POINT; BAYSHORE CHAMBER OF COMMERCE; NEIGHBORHOOD CENTERS, INC.;
SAN JACINTO COLLEGE DISTRICT; AND HARRIS COUNTY PUBUC HEALTH AND
ENVIRONMENTAL SERVICES (LA PORTE HEALTH CLINIq, TO ESTABliSH THE
BAYSHORE EQUITABLE ACCESS COMMUNITY ON-LINE NETWORK (BEACON);
APPROPRIATING NOT TO EXCEED $67,500.00, 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:
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. The City Council hereby appropriates the sum not to exceed $67,500.00, from
Capital Improvements Project Account No. 015-9892-781-1100, to fund said contract for facilities that
are owned by the City and will benefit from these funds.
Section 2. The City Council officially finds, determines, recites, and declares that a sufficient
written notice of the date, hour, place and subject of this meeting of the City Council was posted at a
place convenient to the public at the City Hall of the City for the time required by law preceding this
meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this
meeting has been open to the public as required by law at all times during which this ordinance and the
subject matter thereof has been discussed, considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice and the contents and posting thereof
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Section 3. This Ordinance shall be effective from and after its passage and approval, and it is
so ordered.
PASSED AND APPROVED, this 11th day of February 2002.
CITY OF LA PORTE
By: ~~~?
orman L. Malone
Mayor
ATTEST:
.J/uJAM~ 'IJl
Martha A Gillett
City Secretary
APPROVED: /
~aI~
KnoxW. Askins
City Attorney
2-
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INTERLOCAL COLLABORATIVE AGREEMENT
< Bayshore Equitable Access Community On-line Network>
STATE OF TEXAS, County of Harris
.
This Agreement is entered into by and between La Porte Independent School District, City
of La Porte, City of Shoreacres, City of Morgan's Point, Bayshore Chamber of Commerce,
Neighborhood Centers, Inc., San Jacinto College District, and Harris County Public Health
and Environmental Services (La Porte Health Clinic) hereinafter referred to as Bayshore
Equitable Access Community On-line Network (BEACON).
WITNESSETH
WHEREAS, the BEACON organization wishes to file a grant application with the
Telecommunications Infrastructure Fund Board, State of Texas, for funding in the amount
of $500,000 for Community Network 2 Implementation Grant, and
. WHEREAS, the BEACON organization has agreed to contribute the total of $169,500 in
matching funds/in-kind contributions if the said application is approved; and
WHEREAS, the source of funds would notnormally be used for this purpose; and
WHEREAS, the BEACON organization believes it to be in their best interests to join in the
application to develop a project; and
WHEREAS, the BEACON organization agrees to accept the responsibility to adhere to all
pertinent federal, state, and local laws and TIF regulations; and
WHEREAS, this agreement certifies that the objectives of the grant application submitted
to the Telecommunications Infrastructure Fund Board have been reviewed and that it is
mutually agreed to cooperate to whatever extent is necessary in carrying out the work plan
described in the application; and
WHEREAS, this agreement certifies that it is understood by all of the participating entities
that it is the responsibility of the members of the collaborative to determine how to
disburse funds among the members, resolve grievances, and subcontract with other
organizations and individuals as needed.
NOW THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
ARTICLE I. PURPOSE
The purpose of this Agreement is to allow the BEACON organization to file an application
fOT a Community Network 2 Implementation Plan with the Telecommunications
Infrastructure Fund Board.
ARTICLE II. TERM
The term of this Agreement shall commence upon the execution of this Agreement and
end April 30, 2003.
TIF Form/Collaborative Agreement (October 2000 rev.)
Page 1 of 3
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ARTICLE III. CONSIDERATION
As consideration for this agreement, the BEACON organization agrees to contribute a
total of $169,500 in local funds for the enhancement of the project in the amounts as
follows:
La Porte Independent School District
City of La Porte (value of in-kind)
City of Shoreacres
City of Morgan's Point
La Porte-Bayshore Chamber of Commerce
Neighborhood Centers, Inc.
San Jacinto College District
Harris County Public Health and Environmental Services
(La Porte Health Clinic)
TOTAL
$102,000
$ 67,500
$ 0
$ 0
$ 0
$ 0
$ 0
$ 0
$169,500
ARTICLE IV. ALLOCATION OF FUNDS
4.01 The specific allocation of TIF funds is to La Porte Independent School District, who
will then distribute funds as appropriate among the members. By signing this Agreement,
all the participating entities certify that each member will be held responsible for assuring
that the financial records and project are managed according to TIF guidelines.
4.02 In the event of the mismanagement of funds at the member organization level, this
Agreement assures that each organization is responsible for managing its funds and
project according to TIF guidelines. Organizations following TIF guidelines will not be held
accountable if a member or members within the Collaborative do not follow TIF guidelines.
ARTICLE V. AMENDMENTS
This agreement may be amended by the mutual agreement of the parties hereto in writing
to be attached to and incorporated into this agreement.
ARTICLE VI. LEGAL CONSTRUCTION
In case anyone or more of the provisions contained in this agreement shall be held to be
invalid, illegal, or unenforceable in any respect such invalidity, illegality, or unenforceability
shall not affect any other provision thereof, and this agreement shall be construed as if
such invalid, illegal, or unenforceable provision had never been contained herein.
ARTICLE VII. ENTIRE AGREEMENT
This agreement supersedes any and all other agreements, either oral or in writing,
between the parties hereto with respect to the subject matter hereof, and no other
agreement, statement, or promise relating to the subject matter of this agreement that is
not contained herein shall be valid or binding.
EXECUTED IN DUPLICATE ORIGINALS, EACH OF WHICH SHALL HAVE THE FULL
FORCE AND EFFECT OF AN ORIGINAL, ON THIS THE 13th DAY OF February, 2002.
Each member of the collaborative effort understands the agreement and agrees to be
bound by its terms.
TIF Form/Collaborative Agreement (October 2000 rev.)
Page 2 of ]
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MEMBER ORGANIZATION
Neiohborhood Centers Inc.
-~
Sign ure of Authorized Representative
h Angela Blanchard, President and CEO
r dU {fVprinted name of Representative
MEMBER ORGANIZATION
GJ~ T. \.\~
C~l~ df La P{)r+~
'"l.' I 1.. -o"t....
Signature of Authorized Representative
Robert TI Herr-ercr
Printed name of Representative
MEMBER ORGANIZATION
Ci ~ 0 f S hc:r v--€. CI. c.. ('- e S
Signature of Authoriz~~Representative
~ 1-. {C;~tr'
Printed name _ofa Representative
N (,v1 () (<... 1::::- ut 1M t//' S" 0...,
M(~ORG~~!.N_._ 0 !
~ ~~ Ci-\:~ ot 1M000t}C<.II\'s -\1;iv'rr
Signature of Authorized Representative
1C~5S~I\ Q\Pfl~b<>L
Printed name of Representative
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MEMBER ORGANIZATION
jjo.rTt ~ COl){,A'f Pu bl;c N'ut+~ anal fn\J:rMmeA\~J Seru;c-e...
Signature of A~thorized Representative
~1.~
Printed name of Representative
M I c...ho..e.A 1-. '3 r o...n nOt")
MEMBER ORGANIZATION
3CLr1 J LL(!;; n.J-v ('A) l~e D isiYj cJ
Signature of Authorized Representative
Printed name of Representative
Dr. Jecm'es 1-+01"+011
ature of Authorized Representative
Printed name of Representative
MEMBER ORGANIZATI~ 1 ,/} ~
~ ~ ct~~rci/~~-;f
u
Signat re ~d Representative
rin name of R~ive
~tfN ~ ;),fvtfYe,e; ((t>. })I/ SUfI.
e
MEMBER ORGANIZATION
r of Commerce
Signature of Aut orized Representative
Colleen Hicks
Printed name of Representative
MEMBER ORGANIZATION
Signature of Authorized Representative
Printed name of Representative
MEMBER ORGANIZATION
Signature of Authorized Representative
Printed name of Representative
MEMBER ORGANIZATION
Signature of Authorized Representative
Printed name of Representative
MEMBER ORGANIZATION
e
MEMBER ORGANIZATION
Signature of Authorized Representative
Printed name of Representative
MEMBER ORGANIZATION
Signature of Authorized Representative
Printed name of Representative
MEMBER ORGANIZATION
Signature of Authorized Representative
Printed name of Representative
MEMBER ORGANIZATION
Signature of Authorized Representative
Printed name of Representative
MEMBER ORGANIZATION
TIF Form/Collaborative Agreement (October 2000 rev.)
Page 3 of 3
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MEMBER ORGANIZATION
Neiqhborhood Centers Inc.
~Mm~
Sign ure of Authorized Representative
h. Angela Blanchard, President and CEO
t'U?i {5Vprinted name of Representative
MEMBER ORGANIZATION
c?w T. \\~
Signature of Authorized Representative
Printed name of Representative
MEMBER ORGANIZATION
Signature of Authorized Representative
Printed name of Representative
MEMBER ORGANIZATION
Signature of Authorized Representative
Printed name of Representative
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FORM 1A: PARTNER COVER PAGE
(one for each member of the Community Network)
Name of Organization: _City of La Porte
Type of Entity: _Municipal Government
TIF-Eligible Entity: Yes D No [gl
Contact: _Carol Buttler
Mailing Address: _604 West Fairmont Parkway
La Porte, TX 77571
Telephone Number: L281_)_ 471-5020_ Fax Number: L281_) _470-7650
E-Mail Address(required):_carol@ci.la-porte.tx.us
Name of County: _Harris
State Senator: _Mike Jackson
State Rep.: _John Davis
Briefly describe your organization's role in the Community Network. Include role in project
leadership (representation on governing board, committees, etc.). Indicate in-kind
contributions such as personnel time and public access terminals your organization is
committing to the project. As a key participant, the City of La Porte intends to assiqn a
representative to the qoverninq board. The City intends to provide public terminals
(personal computers and I or kiosks) at City Hall, the municipal qolfcourse, and civic I
recreational centers. City staff intends to be involved not onlv durinq the entire
implementation phase of this proiect, but also after the qrant fundinq term ends. City staff
alreadv has been active participants as part of the qeneral planninq phase. The City of
La Porte believes this proiect will be an excitinq Qualify-of-Iife amenity for our community.
Will equipment purchased using TIF funds be located on your site? Yes [gl No D
Will your site provide public access to the Community Network? Yes [gl No D
Local Funds Commitment for Project by Partner
$
67,500.00_
Q~ T. \-\~
Signature of Authorized Representative
((OW1- t. He-rrUo.
Printed Name
~-ta-o'd--
Date
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Individual Site Property List
Community Network 2
Name of Entity:
City of La Porte
TIF Eligible: Yes D No ~
Physical Address:
City Hall, Building, 604 W. Fairmont Parkway
La Porte
State:
Texas
Zip:
77571
City :
Typed of printed name of Authorized Representative:
Robert T. Herrera
Signature of Authorized Representative: Q~ T, \4.~
Date of Signature:
""2.... I <.. - () '<-
ItemJDescription Cost
Wireless Point-to-Point connections $50,000 (Local Funds)
Wiring and cables $5,000 (Local Funds)
Use additional sheet(s) ifnecessary
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Individual Site Property List
Community Network 2
Name of Entity:
City of La Porte
TIF Eligible: Yes 0 No ~
Physical Address:
La Porte
State:
Texas
Zip:
77571
City :
Typed of printed name of Authorized Representative: Robert T. Herrera
Signature of Authorized Representative: Q~ \- ~
Date of Signature:
-:1.. \'L-u'L
Item/Description Cost
Router $3,5001
Ethernet Switch $4,0001
Multi Sector Radio (3600) $40,0001
Virtual Private Network (VPN)
Firewalls $7,5001
Outdoor Enclosure at Water Tower $5,0001
10 Public Access Points $13,3331
10 Public Access Points (VPN) $10,0001
Computers $22,8001
Kiosks $15,0001
1
TIF Funds
Use additional sheet(s) if necessary
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FORM 12: INDIVIDUAL SITE BUDGET SUMMARY
APPLICANT NAME: CITY OF LA PORTE
BUDGET SCHEDULE TIF Funds Local Funds Total
A. Personnel $0.00
B. Contractual Services 99,500.00 12,500.00 112,000.00
C. Travel 0.00
D. Supplies and Materials 15,000.00 15,000.00
E. Equipment 121,133.00 55,000.00 176,133.00
TOTAL DIRECT EXPENSES $235,633.00 $67,500.00 $303,133.00
TIF Form/lndv Budget Summary (October 2000 rev.)
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BEACON
A group of professionals in the La Porte area have formed to pursue a method of
provisioning broadband network services to the local community. The need for this level
of service, not being offered by commercial providers, has been identified. A number of
years ago La Porte ISD created a fiber optic based network. Members of La Porte ISD are
now assisting this planning group to gain broadband access.
Two different levels of service have been identified as needed. The first is basic
broadband with little security and medium bandwidth to match DSL or cable modem
capabilities. The second is to provide a very secure connection and high bandwidth.
The basic concept of transmission delivery being considered is wireless. With the need to
match two different service levels, both point-to-multipoint and point-to-point delivery
have been investigated. A centrally located water tower, owned by the city is being
considered for a geographical center of the network.
I. Technology
A number of delivery technologies were investigated for BEACON with wireless quickly
gaining the highest level of support based on fast deployment, meeting bandwidth needs,
lowest cost of migration/growth and meeting service requirements.
Internet Link
A link to a high speed Internet service will be necessary, potentially to La Porte ISD
where 10 Mbps connection is possible. A router/firewall will be required to offer
connectivity to users of this new service. A point-to-point direct wireless link may be the
best approach with possible speed up to 100 Mp/s, which would be shared between all
BEACON users.
Point-to-Point Wireless
Some of the potential BEACON members have been identified as requiring a high level
of security and guaranteed network speed. For these members a point-to-point direct
connection may be the best solution.
At the heart of the network a switch offering VLAN capability would connect the various
member sites into a cohesive network private from any public offering. An added benefit
would be the capability of handling voice traffic in addition to data via VoIP (or
dedicated T -1) paths. The technology being considered is license-free full duplex 802.11 b
spread spectrum at 2.4 GHz and requiring line-of-sight to the water tower.
Point-to-Multipoint Wireless
A group of needs to be served by BEACON include what might be termed "a public
network" where security is less of a concern as is dedicated bandwidth. To make a public
offering possible it is necessary to also keep the cost of access low also.
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A wireless solution that may best serve these public users would consist of a central
antenna system and individual antennas at each users location. To make use ofthe
unlicensed frequencies available, line-of-sight to approximately 8 km is required. Each
end user would have an outside antenna pointed at the water tower. The expected
bandwidth would be burstable to 25 Mbps for data networking only. Security would be
limited though this could be expanded through the use of virtual private networking with
VPN firewalls highly recommended at the center of the network and at each end site.
II. Site Survey
During the initially planning stages of the BEACON project where the wireless option
was discussed, a site survey became a necessity. A site survey was conducted by the
Consultant and the BEACON leadership team. Using simple optical means, two possible
tower site locations from each identified user location was checked. The survey
suggested the city owned water tower was the best location over a light tower at the high
school.
III.System Management and Security
System management of each connected user is an absolute necessity where each
connection must be authenticated, bandwidth secured, and security established all based
on a management table of values. It is assumed a central router/switcher will have each
transceiver connected individually to a dedicated port using VLAN and VPN services.
Future management capability should include bandwidth throttling. Even with point-to-
point links, it is highly recommended that VPN be installed by end users to secure traffic
traveling over this network such as where a point-to-point user connects and utilizes the
point to multipoint system.
IV. Acquisition and Installation
It is anticipated an RFP will be developed that describes the entire system to be created,
demands of the project, system installation and set up, management requirements and
handoffto operational staff
V. Ongoing Operations
BEACON expects to establish a set of operational requirements, which may result in day-
to-day operations being transferred to a responsible entity.
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City of La Porte
Established 1892
February 11, 2002
Mr. Jim Schul
Executive Director of Technology
LPISD
301 E. Fairmont Parkway
La Porte, Texas 77571
RE: BEACON ffiayshore Equitable Access Community Online Network)
Dear Jim:
Please consider this letter as the City of La Porte's commitment to the proposed BEACON project to
satisfy Texas Telecommunications Infrastructure Fund (TIP) Board requirements for the grant
request. BEACON would address not only a general need in our community for Internet type
information access, but also would assist the City in achieving the goal to implement citizen access to
e-government services.
The City believes BEACON supports an element of the City's Mission Statement "to grow
progressively with the community." BEACON can provide the capability for our public to access
health, education and employment opportunities, as well as, information of general interest.
The City of La Porte is willing to contribute in-kind resources not to exceed a total value of
$67,500.00 towards the BEACON.
The City appreciates your tireless efforts to acquire grant funding for technology that can benefit the
entire community.
Sincerely,
CX~T \~
Robert T. Herrera
City Manager
c Mayor and City Council
John Joems, Assistant City Manager
Carol Buttler, Director of Administrative Services
P.O. Box 1115 · La Porte, Texas 77572-1115 · (281) 471-5020
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CITY OF LA PORTE
November 20,2001
TO:
FROM:
SUBJECT:
Mayor and City Council ~ ~
Robert T. Herrera, City Manager !
BEACON Community Network Grant Program
(Rayshore Equitable Access Community On-line Network)
In September of this year, La Porte Independent School District was awarded a $525,000.00 grant from the Texas
Telecommunications Infrastructure Fund (TIP) for a community network to be known as BEACON. $25,000.00 is
for the planning phase and $500,00.00 will be available upon approval of the community's network plan.
City staff has been attending various meetings with Jim Schul, LPISD Executive Director for Technology to discuss
the BEACON Grant. The intent of the program is to provide as much computer / Internet access to information for
our community as possible, especially, for our underserved populations/areas. Some locations (known as public
access points) will be desirable for 24-hour access opportunities. This grant is not specific to LPISD. It is for the
entire community.
Mr. Schul is asking the City not only to support the grant program's concept, but also to be an active participant.
Also, Mr. Schul would like the City to seriously consider being a participant with TexasOnline
(www.texasonline.com). which has the capability to help the City provide services through eGovemment (electronic
government).
Unfortunately, TIP has accelerated the deadlines for submitting proposed implementation plans. Mr. Schul has
established the deadlines below.
October - December 2001
December 17, 2001
Planning Meetings
All information required for the grant gathered and submitted to the consultant
(survey responses, community commitments for access points, etc.).
Submit Community Network Plan to TIP.
February 1, 2002
Staff is in the process of gathering additional information and recommending selected City facilities as public access
points for a kiosk and / or personal computer. I have included attachments to update you on this project.
Also over the next couple of weeks, the public will be asked to complete a written survey for the BEACON
committee to determine and prioritize the community's actual computer / Internet access needs. The survey will be
sent to you this week under separate cover. As I receive progress reports on this grant program, I will inform you.
c John Joerns
Carol Buttler
Attachments (3)
1. Minutes from the kick-off meeting - September 26,2001.
2. Excerpts from PowerPoint Presentations - public meetings.
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: 2-11-02
Requested By: Sh9ron H9rris yJ#.,
Appropriation
Source of Funds:
Department: City Se<:retllry'li Offi<:e
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Exhibits:
Ordinance 1000-1-K
Amount Requested:
Exhibits:
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
Ordinance 1000-1-K, if approved would allow a new applicant to sell beer and/or wine at a proposed restaurant at
10003 Spencer Hwy. The City has processed the new application and it meets Code of Ordinances regulation on
past due taxes and was approved by the Police and Planning Department.
Ordinance 1000-1 will be amended by adding the following:
STREET ADDRESS OF PROPERTY: 10003 Spencer Hwy., La Porte, Harris County, Texas 77571.
LEGAL DESCRIPTION OF PROPERTY: TR 8C, BLK 2(020*1-A-6) of the W. J. Payne Survey, Town of La
Porte, Harris County, TX
PROPERTY OWNER: Zelda Ann Wright, Cezaw's Windmill, L.L.C.
NAME OF APPLICANT: Zelda Ann Wright
ADDRESS OF APPLICANT: 1218 E. Pasadena Blvd., Deer Park, Harris County, Texas 77536
TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: Windmill Restaurant
Action Required bv Council: Consider approval of Ordinance 1 000-I-K to allow the issuance of a new
alcohol permit.
Approved for Citv Council Aeenda
Q~\. ~
Robert T. Herrera, City Manager
'1...- ,- Q'L
Date
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ORDINANCE NO. 1000-1-K
AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, AMENDING CHAPTER 6,
SECTION 6-78 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY
ADDING AN AREA AT A RESTAURANT WHERE WINE AND/OR BEER FOR
CONSUMPTION ON THE PREMISES MAY BE SOLD; FURTHER PROVIDING A
SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of La Porte has, in Chapter 6 of the Code of Ordinances of
the City of La Porte, regulated the location, closing hours, and sale of wine and/or beer
on premises in accord with provisions of Texas Codes Annotated, Alcoholic Beverage
Code, Chapter 105, Section 105.05 and Section 105.06; and in accord with the
provisions of Texas Codes Annotated, Alcoholic Beverage Code, Chapter 109,
Subchapter C, Section 109.31 et seq; and
WHEREAS, the Code of Ordinances of the City of La Porte expressly limits the
locations at which wine and/or beer may be sold in the City, and further expressly
identifies the names of establishments and permit holders authorized to sell wine and/or
beer under the terms of said Code; and
WHEREAS, a new applicant desires to sell wine and/or beer at a location not
previously permitted in the Chapter 6 of the Code of Ordinances of the City of La Porte;
and
WHEREAS, the City has, pursuant to the terms of said Code, made its
investigation to ascertain whether said new applicant has qualified for a beer and/or
wine permit from the City; and
WHEREAS, the City has determined that the new applicant qualifies for a beer
and/or wine permit from the City;
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Ordinance No. 1000-1-K
Page 2
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF LA PORTE:
Section 1. Chapter 6, Section 6-78 of the Code of Ordinances of the City of La Porte is
hereby amended by granting a new permit for the operation of a restaurant, as defined
in said Code, at the following location, which permit shall be personal to the applicant,
and non-transferable, and shall be further conditioned that the permittee shall comply
with the provisions of the Texas Alcoholic Beverage Code, and all other applicable
federal, state, and local laws and ordinances, including other provisions of this
ordinance and the Code of Ordinances of the City of La Porte;
STREET ADDRESS OF PROPERTY: 10003 Spencer Hwy., La Porte, Harris
County, Texas 77571
LEGAL DESCRIPTION OF PROPERTY: TR 8C, BLK 2 (020*1A-6) of the W. J.
Payne survey, Town of La Porte, Harris County, TX
PROPERTY OWNER: Zelda Ann Wright, Cezaw's Windmill, L.L.C.
NAME OF APPLICANT: Zelda Ann Wright
ADDRESS OF APPLICANT: 1218 E. Pasadena Blvd., Deer Park, Harris County,
Texas 77536
TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: Windmill
Restaurant
Section 2. It is the intent of the City Council of the City of La Porte that this
Ordinance merely permit the sale of wine and/or beer during the hours set by the
general laws of the State of Texas by retailers selling wine and/or beer for consumption
on premises at the locations established in Section 1 of this Ordinance. This Ordinance
is not an attempt to create zoning or other land use rights in property owners at said
location, such that the provisions of Chapter 106 of the Code of Ordinances of the City
of La Porte, the City of La Porte Zoning Ordinance, together with all amendments
thereto (as such provisions impose standards on premises or businesses within the City
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Ordinance NO.1 000-1-K
Page 3
of La Porte, regardless of whether such business or premises are required to have a
license or permit under the Texas Alcoholic Beverage Code) govern and supersede the
provisions of this Ordinance, in the event of a conflict between this Ordinance and the
provisions of the Zoning Ordinance and amendments thereto. This application for wine
and/or beer for consumption on premises shall be subject to the provisions of:
a. The Texas Alcoholic Beverage Code;
b. Chapter 6 of the Code of Ordinances of the City of La Porte;
c. This Ordinance insofar as this Ordinance does not conflict with the provisions
of the Texas Alcoholic Beverage Code; and
d. The Zoning Ordinance of the City of La Porte, and all amendments thereto,
as such provision apply to all businesses within the City of La Porte,
regardless of whether or not such businesses are required to obtain a license
or permit under the provisions of the Texas Alcoholic Beverage Code.
Section 3. If any section, sentence, phrase, clause, or any part of any section,
sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid,
such invalidity shall not affect the remaining portions of this ordinance, and it is hereby
declared to be the intention of this City Council to have passed each section, sentence,
phrase or clause, or part thereof, irrespective of the fact that any other section,
sentence, phrase or clause, or part thereof, may be declared invalid.
Section 4. The City Council officially finds, determines, recites and declares
that a sufficient written notice of the date, hour, place and subject of this meeting of the
City Council is 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 Chapter 551, Tx.
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Ordinance No. 1000-1-K
Page 4
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Gov't 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 5. This Ordinance shall be effective from the date of its passage and
approval, and it is so ordered.
PASSED AND APPROVED this the III/--k.-dayof V ~ 2002.
CITY OF LA PORTE
~~~
ATTEST:
~~1P-
City Secretary
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REQUEST FOR CITY COUNCIL AGENDA ITEM
02/11/02
Agenda Date Requested:
Appropriation
Requested By:
Source of Funds:
Department:
Pvlic~
Account Number: 5256
Report:
Resolution:
Ordinance:
Amount Budgeted:
Exhibits:
Job Description
Amount Requested:
$'t7 777
,
Exhibits:
Salary Study / Recommendation
Budgeted Item: YES
NOxxx
Exhibits:
Breakdown of Reqpe!lted Funds
SUMMARY & RECOMMENDATION
Due to recent legislation that dealt with the preservation of evidence and property, the Chief of Police is requesting
the creation of a new civilian position within the Police Department. That position will the PROPERTY
CUSTODIAN and will be in the cm Division under the direct supervision of the cm Lieutenant. This position
will be responsible with the preservation of evidence, control of chain of custody, logging and inventory of property
in the property room, filing the appropriate court documents to make final disposition of evidence, the control of
narcotic evidence and its destruction and responding to records requests. This is a fulltime position in which the
Custodian will be the same as a Custodian of Records. This individual will be subject to subpoena and testifying in
court regarding evidentiary matters and chain of custody.
This is a new position that was not funded under the regular budget process. Considering the impact of the recent
legislation, it is necessary to create this position and fund it a soon as possible to meet the requirements of this
legislation. Our property room in which evidence is stored is overcrowded and overflowing. It will require a
fulltime person to track and submit the appropriate disposition court orders to remove any property in the property
room that is no longer required, needs to be destroyed, or submitted to auction.
The Chief is requesting $37,777 to fund this new position for the remainder of this budget year.
Action Required bv Council:
Approval for the creation and necessary funding of a new position, Property Custodian.
Approved for Citv Council A2enda
G~t\. ~
Robert T. Herrera, City Manager
J.. - S -. 0 'L
Date
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City of La Porte
Administrative Services Department
Human Resources Division
Interoffice Memorandum
February 1, 2002
To:
Carol Buttler, Director of Administrative Services
Richard Reff, Chief of Police
From:
Lorie Doughty, Human Resources Manager
Subject:
Property Custodian Position
Human Resources has completed a survey of neighboring cities for the proposed Property
Custodian position and I have listed the information below.
Proposed City of La Porte Property Custodian
Definition - To be responsible for the intake and disposal of all evidence/property seized and
confiscated, in the custody of the Police Department.
Essential Job Functions -
Receives, records, stores, preserves and maintains chain-of-custody of all evidence
needed in the prosecution of cases and all other property in the Property Room.
Researches reports to determine status of cases and owners of property, attempts to
locate owner, ~tilizing computer system available, sends certified letters, prepares court
orders and property releases necessary for the disposal of property.
Gathers, classifies, stores and prepares abandoned property for City Auction, donation,
destruction or departmental use. Coordinates destruction or disposal of abandoned and
seized property. Updates log book and computer systems to reflect disposal.
Coordinates with detectives, patrol and other agencies on evidence being controlled.
Assist Records & ID officers with public inquiries, handling open records request, and
dealing with the public as needed. .
_. :~., Ability to testify in court to the proper chain-of-custody of property, and will be required to
follow all state mandated laws for property control and property/evidence retention
issues.
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Proposed Range for position -
The recommendation from Chief Reff and Human Resources is a range of 018 in the current
grade list.
Annual minimum - $30,842.
Annual maximum - $46,263.
Current positions in the 018 range are Assistant Fire Marshal, Building Maintenance Technician
Supervisor, City Marshal, Inspector I, Park Maintenance Supervisor and RFC Coordinator. With
the level of responsibility, consequences of decisions and judgement required for the Property
Custodian this range would be comparable to the above listed positions.
Survey of surrounding Cities -
City
Title
Description of Position
(less, equal or more responsibility)
Annual Ranges
City of Missouri City Criminalist Minimum: $40,844.
(more responsibility) Maximum: $57.999.
City of Baytown Property Room Custodian Minimum: $22,188.
(equal responsibility) Maximum: $30,024.
City of Pasadena Property Room Officer Minimum: $39,500.
(equal responsibility) Maximum: $52,163.
City of Sugarland Identification Technician Minimum: $34,466.
(equal responsibility) Maximum: $46.529.
City of League City Evidence/Property Manager Minimum: $28,300.
I (equal responsibility) Maximum: $39,620.
City of Pearland No Position
City of Friendswood No Position
(in process of creating job description)
City of Deer Park
No Position
(filled by 10 Officers on a ro~ting basis, not a permanent position)
~: i: .1
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Projective Salary for Property Custodian
02/12/02-09/30/02
".
Base Salary
21.86 X 1320 hours =
Benefits
TMRS 11.51% =
Fica & Medicare 7.65%=
Insurance
Medical 212.12 X 16.5 pp
Life 2.40 X 16.50 pp
Workers Comp 3.33% =
Cleaning Allowance 9.25 X 16.5pp =
28,855.00
3,321.23
2,207.40
2,212.00
39.60
960.87
180.00
TOTAL 37,776.10
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Februarv 11 2002
Requested By: Steve Gillett ~~
Department: Public Works
Appropriation
Source of Funds: Vehicle Maintenance
Account Number: 02470745349095
Report: XX Resolution: _Ordinance: _
Amount Budgeted: $18.369.28
Exhibits: Bid Recap Sealed Bids #0846
Amount Requested: $18.369.28
Budgeted Item: X YES
NO
Exhibits:
Exhibits:
SUMMARY & RECOMMENDATION
Advertised, sealed bids #0846 - Oils, Fluids, and Lubricants were opened and read on January
21,2002. Bid requests were mailed to fifteen (15) vendors with six (6) returning bids and one (1)
No Bid.
Most responsive bidder submitting bids on all items was Houston-Pasadena Apache Oil Co.
Jones Oil, the only other bidder submitting all items, bid unit prices substantially lower than their
current pricing. Jones is the current vendor, and has a history of frequent price increases after
award of contract.
Staff recommends award of bid for the annual supply of Oils, Fluids, and Lubricants to Houston-
Pasadena Apache Oil Co., lowest responsive bidder. Using estimated yearly quantities. the
annual cost of this contract would be $18,369.28. This represents an increase of 15 percent
(15%) over the last year's bid. Funds for this contract are budgeted in the Vehicle Maintenance
Fund Inventory Account for FY 2001/2002.
Action Required bv Council:
Award bid to Houston-Pasadena Apache Oil Co. as recommended by Staff.
Aooroved for Citv Council A!!enda
~~\~ ~
Robert T. Herrera, City Manager
'}. ""1- c "L..-
Date
BID TABULA TION
OILS, FLUIDS, AND LUBRICANTS
BID # 0846
H&W
PETROLEUM J.A.M. BG TRUMAN
(ALTERNATIVE) I DISTRIBUTING I DISTRIBUTORS I ARNOLD CO
HOUSTON-
PASADENA H & W
APACHE OIL! PETROLEUM
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No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
$3.89
$3.49
$280.00
$3.36
$11,701.00
$3.56
$3.50
$264.00
$3.70
$11,558.00
$2.91
$2.77
$256.00
$3.24
$9,521.00
$3.75
$2.95
$232.14
$2.95
$10,409.28
JONES OIL
$3.11
$3.04
$244.31
$3.06
$9.994.62
QTY
1000
1500
2
600
UNIT
Gal
Gal
Drum
Gal
DESCRIPTION
SECTION I
1. Bulk Hydraulic Oil
2. Bulk Motor Oil
3. Bulk Gear Oil
4. Bulk Transmission Fluid
TOTAL -SECTION
No Bid
No Bid
No Bid
No Bid
No Bid
N'OBid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
$1.44
$3.90
$1.16
$1.52
$1.82
No Bid
$2.575.00
$1.2525
. $3.28
$1.07
$1.17
$1.32
$2.0725
$2,523.38
$1.2525
$3.28
$1.07
$1.17
$1.32
$2.0725
$2,523.38
$0.99
$5.36
$0.84
$0.99
$1.64
$2.18
l2.653.Oii
$1.13
$3.48
$1.062
$1.12
$1.62
$2.130
$2,474.20
800
200
350
120
30
150
at
Gal
Tube
at
Tub
lOt
SECTION II
1. Motor Oil
2. Antifreeze
3. Chassis Grease - Tube
4. Transmission Fluid
5. Wheel Bearing Grease
6. Mercon V Trans Fluid
TOTAL - SECTION
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No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
$4.65
No Bid
$5.45
No Bid
No Bid
No Bid
$12.60
$4,m:5ii
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
$3.24
$1.05
$3.49
$1.61
$1.24
$2.86
No Bid
$1.24
$7.49
$7.49
$4.346.3ii
$3.24
$1.05
$3.49
$1.61
$1.24
$2.86
No Bid
$1.24
$7.49
$7.49
$4,346.30
$5.50
$1.12
$2.99
$1.15
$0.58
$1.94
$31.67
$7.10
$3.37
$4.39
$5.307.iiO
$3.41
$1.26
$1.18
$1.68
$0.58
$1.37
$21.27
$9.75
$2.86
$4.47
$3,!i'92.1'ii
$16,460.92
150
250
120
30
75
700
50
50
100
30
Bag
Gal
Can
Can
Can
Can
Can
Cont
Can
Can
II
SECTION III
1. Oil dry
2. Windshield Washer
3. Penetrating Oil
4. Carburetor Cleaner
5. Power Steering Fluid
6. Brake Parts Cleaner
7. Freon - R12
8. Hand Cleaner
9. R134 Freon
10. Fuel System Cleaner
TOTAL - SECTION
No Bid
$4,332.50
$i4,276.00
$18,427.68
Information represents pricing only, and other factors
mayor may not be considered during the evaluation process.
Ti6,390.68
Ti8.369.28
GRAND TOTAL
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BIDDER'S LIST
SEALED BID #0846
OILS, FLUIDS AND LUBRICANTS
AMLAC INDUSTRIAL SUPPLY, INC
13620 HEMPSTEAD HWY
HOUSTON, TX 77040
APACHE OIL COMPANY
P.O. BOX 177
PASADENA, TX 77501
BG DISTRIBUTORS OF HOUSTON
5906 DWYER
HUMBLE, TX 77396
DAP DISTRIBUTING
5020 EAST ROAD
BAYTOWN,-TX 77521
H & W PETROLEUM COMPANY
9617 WALLlSVILLE RD
HOUSTON, TX 77013
JONES OIL
4828 N. SHEPHERD RD
HOUSTON, TX 77018
LADY PEGASUS INC
P.O. BOX 590026
HOUSTON TX 77259-0026
O'REILLY AUTO SUPPLY
1010 S. BROADWAY
LA PORTE, TX 77571
O'ROURKE PETROLEUM PRODUCTS
223 McCARTY DR.
HOUSTON, TX 77029
SPECIALTY ENVIRONMENTAL SERVICE
5750 CAMPBELL RD
HOUSTON, TX 77041
SAVOY TRADING CO, INC.
SUITE A
1138l MEADOWGLEN LANE
HOUSTON, TX 77082
SUN COAST RESOURCES INC
6922 CAVALCADE
HOUSTON, TX 77028
ATIN: KATHY LEHNE
TRUMAN ARNOLD CO.
3513 S.W. H.K
DODGEN LOOP SUITE #200
TEMPLES, TX 76502
3-L INC.
P.O. BOX 30100
HOUSTON, TX 77249
A TIN: ANDY LEACH
BA YSHORE SUN PUBLISH DATES:
DECEMBER 23, 2001
DECEMBER 30, 2001
CHAMBER OF COMMERCE
PO. BOX 996
LA PORTE, TX 77572-0996