Loading...
HomeMy WebLinkAbout2006-03-13 Regular Meeting and Public Hearing MINUTES OF REGULAR MEETING AND PUBLIC HEARING OF THE LA PORTE CITY COUNCIL March 13, 2006 1. CALL TO ORDER The meeting was called to order by Mayor Alton Porter at 6:31 p.m. Members of City Council Present: Mayor Alton Porter, Council members Tommy Moser, Mike Mosteit, Barry Beasley, Chuck Engelken and Peter Griffiths. Members of Council Absent: Councilmember Ebow, Councilmember Clausen and Councilmember Rigby. Members of City Executive Staff and City Employees Present: Assistant City Manager John Joerns, Assistant City Attorney Clark Askins, Public Works Director Steve Gillett, Fire Chief Mike Boaze, EMS Chief Ray Nolen, City Secretary Martha Gillett, Assistant to City Manager Crystal Scott, Assistant Fire Chief John Dunham, Assistant Police Chief Aaron, Assistant Finance Director Michael Dolby and Purchasing Manager Susan Kelley. Others Present: Pastor Noel Perez, Sue Gale Mock Kooken, Gary Bass, Mary Proudy, Greg Collins, Russell Schoppe, Maribel Flores, Brenda Cantu, Lonna Green, Marcus Aquino, Jack T. Carson, Mr. Shoppe, Tim Bird and other citizens. 2. Pastor Noel Perez of Glory Ministries Church of La Porte delivered the Invocation. 3. Mayor Porter led the Pledge of Allegiance. 4. PRESENTATIONS / PROCLAMATIONS There were no presentations or proclamations presented at the meeting. 5. Consent Agenda A. Consider approving Minutes of the Regular Meeting and Workshop Meeting of City Council held on February 27,2006. B. Council to consider approval or other action regarding awarding a bid to Southwestern Fence Company dba Alamo Fence Company in the amount of $39,984 to replace the fence at Sylvan Beach Depot, as low bidder meeting specifications for this project, if funding from contingency is approved. Motion was made by Council member Griffiths to approve the consent agenda as presented. Second by Council member Engelken. Motion carried. Ayes: Mosteit, Moser, Engelken, Beasley, Griffiths and Mayor Porter. Nays: None Abstain: None 6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL ON ANY ITEM POSTED ON THE AGENDA. 7. Discuss recommendation for approval by Planning & Zoning to approve Special Conditional Use Permit #SCU 06-00 I for proposed development of office/medical clinic to be located in the 2900 Block of South Broadway. City Council Regular Meeting and Public Hearing -March 13, 2006 Page 2 Open Public Hearing - Mayor Porter opened the Public Hearing at 6:35 p.m. Review by Staff - Director of Planning and Community Development Wayne Sabo provided an overview. Public Input - None Recommendation of Planning and Zoning - Unanimously, the Planning and Zoning Commission recommended City Council consider approval of Special Conditional Use Permit #SCU 06-001 for proposed development of office/medical clinic to be located in the 2900 Block of South Broadway The Public Hearing was closed at 6:40 p.m. 8. Council to consider approval or other action regarding Ordinance 1501-Z4 & SCU 06-001 Assistant City Attorney Clark Askins read: ORDINANCE 1501-Z4- AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY GRANTING A SPECIAL CONDITIONAL USE PERMIT #SCU06-001 FOR THAT CERTAIN PARCEL OF LAND DESCRIBED AS FOLLOWS, TO-WIT: 2.45 ACRES, TR 5B AND TR 5J (020*E, Pt. TR 5B), W.P. HARRIS, ABSTRACT 30, LA PORTE, HARRIS COUNTY, TEXAS, FOR THE PURPOSE OF DEVELOPING DOCTOR'S OFFICE/MEDICAL CLINIC ALONG SOUTH BROADWAY; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Council member Beasley to approve Ordinance 150 l-Z4 & SCU 06-001 as presented by Mr. Sabo. Second by Council member Griffiths. The motion carried. Ayes: Mosteit, Engelken, Moser, Beasley, Griffiths and Mayor Porter. Nays: None Abstain: None 9. Council to consider approval or other action regarding a resolution authorizing the sale of$5.8 million in Certificates of Obligation and the $6.1 General Obligation Bonds; approve and authorize the first and second publication of Notice ofIntent to Issue. Assistant Finance Director Michael Dolby presented summary and recommendation and answered Council's questions. Ryan Oheara (RBC Dain) stated that he had spoke with Andrews Kurth LP regarding the difference in the amount posted on agenda for CO's and the amount stated on the notice of intent. Mr. Oheara also stated Andrews Kurth LLP spoke with Attorney General's office and the Attorney General stated the amount on the POS and the amount published in the notice of intent will supersede the amount posted as an agenda caption. Council requested Andrews Kurth LLP to provide written confirmation of the conversation with the Attorney General's office. Confirmation received (See attached Exhibit A). Assistant City Attorney Clark Askins read: RESOLUTION 2006-06 - RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION IN A PRINCIPAL AMOUNT NOT TO EXCEED $6,100,000 MILLION FOR THE ACQUISITION, CONSTRUCTION AND IMPROVEMENT OF CERTAIN PUBLIC WORKS; AUTHORIZING DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT RELATING TO SUCH CERTIFICATES; AND AUTHORIZING CERTAIN OTHER MATTERS RELATING THERETO. City Council Regular Meeting and Public Hearing -March 13, 2006 Page 3 Motion was made by Council member Griffiths to approve Resolution 2006-06 as presented by Mr. Dolby. Second by Council member Beasley. The motion carried Ayes: Mosteit, Moser, Beasley, Engelken, Griffiths and Mayor Porter. Nays: None Abstain: None 10. Council to consider approval or other action regarding an ordinance amending Fiscal Year 2005-06 Budget for $50,000 for the purchase of Laser Fiche document imaging software from City Council Reserve for Special Projects. Increase capital projects budget by $23,460.00 for fence at Sylvan Beach and playground equipment at Spenwick. Also increase HotellMotel budget by $133,850 for signature & tree beautification and increase the general fund, utility, utility capital improvement Sylvan Beach, motor pool, general capital improvement, technology fund, hotel motel, and grant funds for $1,037,063 for encumbrances (approved on October 24,2005). Assistant City Manager Cynthia Alexander presented summary and recommendation and answered Council's questions. Assistant City Attorney Clark Askins read: ORDINANCE 2762-1- AN ORDINANCE AMENDING THE FISCAL YEAR 2005-06 ADOPTED BUDGET OF THE CITY OF LA PORTE; PROVIDING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Council member Engelken to approve the Ordinance 2762-1 as presented by Ms. Alexander Second by Council member Griffiths . The motion carried Ayes: Mosteit, Moser, Beasley, Griffiths, Engelken and Mayor Porter. Nays: None Abstain: None 11. Council to consider approval or other action regarding an ordinance approving a sales tax election to be held May 13,2006. City Attorney Clark Askins presented summary and recommendation and answered Council's questions. Assistant City Attorney Clark Askins read: ORDINANCE 2875-AN ORDINANCE CALLING A SPECIAL ELECTION IN THE CITY OF LA PORTE, TO PERMIT VOTING FOR OR AGAINST THE PROPOSITION: "THE ADOPTION OF A LOCAL SALES USE TAX IN THE CITY OF LA PORTE AT THE RATE OF ONE- FOURTH OF ONE PERCENT TO PROVIDE REVENUE FOR MAINTENANCE AND REPAIR OF MUNICIPAL STREETS"; DESIGNATING VOTING PRECINCTS AND POLLING PLACES; PROVIDING FOR THE USE OF VOTING MACHINES; PROVIDING FOR METHOD AND DATES OF EARLY VOTING; PROVIDING FOR AN EARLY VOTING BALLOTT BOARD; PROVIDING FOR RETURN AND CANVASS OF VOTES OF SAID ELECTION; PROVIDING FOR NOTICE; PROVIDING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Council member Engelken to approve the Ordinance 2875- as presented by Mr. Askins. Second by Council member Griffiths. The motion carried Ayes: Mosteit, Moser, Engelken, Griffiths, Beasley and Mayor Porter. Nays: None Abstain: None 12. Council to consider approval or other action regarding an ordinance approving an agreement between the City and the Bay Area Houston Convention & Visitors Bureau. City Council Regular Meeting and Public Hearing -March 13, 2006 Page 4 Assistant to the City Manager Crystal Scott presented summary and recommendation and answered Council's questions. Assistant City Attorney Clark Askins read: ORDINANCE 2876- AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND BAY AREA CONVENTION AND VISITORS BUREAU; 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 Council member Griffiths to approve the Ordinance 2876- as presented by Ms. Scott. Second by Council member Mosteit. The motion carried Ayes: Mosteit, Moser, Engelken, Griffiths, Beasley and Mayor Porter. Nays: None Abstain: None 13. Council to consider approval or other action approving and authorizing an agreement with Municipal Code Corporation Electronic Records Scanning Services and Laserfiche Software. City Secretary Martha Gillett presented summary and recommendation and answered Council's questions. Motion was made by Council member Engelken to approve the agreement as presented by Ms.Gillett. Second by Council member Griffiths. The motion carried Ayes: Mosteit, Moser, Engelken, Griffiths, Beasley and Mayor Porter. Nays: None Abstain: None 14. Council to consider approval or other action regarding an ordinance authorizing the City Manager to execute a contract in the amount of$263,020 to construct monument entrance signs for La Porte, as low bidder meeting specifications for this project, if available funds can be found. Parks & Recreation Director Stephen Barr presented summary and recommendation and answered Council's questions. Assistant City Attorney Clark Askins read: ORDINANCE 2877-AN ORDINANCE AUTHORIZING AND APPROVING A CONTRACTUAL AGREEMENT BETWEEN THE CITY OF LA PORTE AND PATEK CONSTRUCTION, INC. TO CONSTRUCT, MONUMENT SIGNS AND OTHER RELATED COMPONENTS ACCORDING TO SPECIFICATIONS AT VARIOUS SITES IN THE CITY AS DESIGNATED BY SAID SPECIFICATIONS; APPROPRIATING $ .00 TO FUND SAID AGREEMENT; 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 Council member Griffiths to approve Ordinance 2877- as presented by Mr. Barr. Second by Council member Engelken. The motion carried Ayes: Mosteit, Engelken, Griffiths, Beasley and Mayor Porter. Nays: Moser Abstain: None 15. Council to consider approval or other action authorizing the City Manager to enter into a contract for ISO work services with Michael Pietch, P.E. in the amount of $20,400.00. Assistant Fire Chief John Dunham presented summary and recommendation and answered Council's questions. City Council Regular Meeting and Public Hearing -March 13, 2006 Page 5 Motion was made by Council member Beasley to approve the contract as presented by Mr. Dunham Second by Council member Moser. The motion carried Ayes: Mosteit, Moser, Engelken, Griffiths, Beasley and Mayor Porter. Nays: None Abstain: None 16. Council to consider approval or other action awarding of Texas Buy Board bid to May Recreation Equipment Company for play and park service equipment for PeterGilliam Park, Spenwick Park, and Park Zone 5 Park according to the bid documents attached, and according to Council determination and funding approval. Director of Parks & Recreation Stephen Barr presented summary and recommendation and answered Council's questions. Motion was made by Council member Moser to table a bid as presented by Mr.Barr. Second by Council member Beasley. The motion carried Ayes: Mosteit, Moser, Griffiths, Beasley and Mayor Porter. Nays: Engelken Abstain: None 17. Council to consider approval or other action authorizing payment in the amount of $25,029.60 as required by agreement with TxDOT to complete the Sens Road - SH 225 beautification project. Parks & Recreation Director Stephen Barr presented summary and recommendation and answered Council's questions. Motion was made by Council member Beasley to approve the payment as presented by Mr.Barr Second by Council member Griffiths. The motion carried Ayes: Mosteit, Moser, Engelken, Griffiths, Beasley and Mayor Porter. Nays: None Abstain: None 18. Administrative Reports Assistant City Manager John Joerns reminded council oftheNational League of Cities, March 11 -15,2006 in Washington DC, Pre-Budget Retreat at the Armand Bayou Nature Center on April 8, 2006, City Offices will be closed for the Spring Holiday on April 14, 2006, the San Jacinto Day Re-Enactment and the Battle of San Jacinto Triathlon on April 22, 2006, the Norman Malone Memorial Golf Tournament benefiting Education Foundation on April 26, 2006 at Bayforest Golf Couse and Sylvan Beach Day on April 29, 2006. 19. Council Comments Moser, Beasley, Griffiths, Engelken, Mosteit and Mayor Porter had comments. 20. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, 551-087, TEXAS GOVERNMENT CODE (CONSULTATION WITH ATTORNEY, DELIBERATION REGARDING REAL PROPERTY, DELIBERATION REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS, DELIBERATION REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION, DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS) City Council Regular Meeting and Public Hearing -March 13, 2006 Page 6 551-087 -(ECONOMIC DEVELOPMENT) - MEET WITH THE CITY MANAGER AND CITY ATTORNEY TO DISCUSS ECONOMIC DEVELOPMENT ON PROJECT HOT. Council retired to Executive Session at 7:57 p.m. 21. There was no action taken during Executive Session Council returned to the table at 8: 11 p.m. 22. There being no further business to come before Council, the Regular Meeting was duly adjourned at 8: 12 p.m. ~.;,ctfully Su~ ~~,~, TRMC, CMC City Secretary Passed and approved on this 27th day of March 2006 C~\t-~7~ Mayor Alton E.Porter Message Page 1 of 1 E~h',b',f A Gillett, Martha From: Fischer, Tanya [TanyaFischer@andrewskurth.com] Sent: Wednesday, March 15,200612:59 PM To: Dolby, Michael Cc: Alexander, Cynthia; Gillett, Martha; Joerns, John; O'Hara, Ryan (RBC Dain); Witte, Rick Subject: RE: City of La Porte 2006 Cas/Resolution re Notice of Intent Mr. Dolby: We understand City Council (the "Council") expressed concern that the agenda language for the March 13, 2006 Council meeting reflected a Notice of Intent to issue certificates of obligation (the "Certificates") in the amount of $5,800,000 and the resolution Council adopted approving the Notice of Intent stated that the Certificates would be issued in an amount of $6,100,000. This is to confirm that based on our review of the law and our discussion with the office of the Texas Attorney General it is our view that the agenda language provided legally sufficient notice under the Texas Open Meetings Act, Texas Government Code Chapter 511. Please contact us if you have additional questions on this matter. Tanya Fischer Andrews Kurth LLP 600 Travis, Suite 4200 Houston, TX 77002 713.220.3915 (phone) Treasury Circular 230 Disclosure - To comply with requirements imposed by the Internal Revenue Service, we inform you that any tax advice contained in this written communication (including any attachment) is not intended or written to be used, and cannot be used, by any person for the purpose of avoiding tax penalties that may be imposed on the person. If this written communication contains any tax advice that is used or referred to in connection with the promoting, marketing or recommending of any transaction( s) or matter( s), this written communication should be construed as written to support the promoting, marketing or recommending of the transaction(s) or matter(s) addressed by this written communication, and the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. No limitation has been imposed by Andrews Kurth LLP on disclosure of the tax treatment or tax structure of the transaction(s) or matter(s). Treasury Circular 230 Disclosure - To comply with requirements imposed by the Internal Revenue Service, we inform you that any tax advice contained in this written communication (including any attachment) is not intended or written to be used, and cannot be used, by any person for the purpose of avoiding tax penalties that may be imposed on the person. If this written communication contains any tax advice that is used or referred to in connection with the promoting, marketing or recommending of any transaction(s) or matter(s), this written communication should be construed as written to support the promoting, marketing or recommending of the transaction(s) or matter(s) addressed by this written communication, and the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. No limitation has been imposed by Andrews Kurth LLP on disclosure of the tax treatment or tax structure of the transaction(s) or matter(s). 3/15/2006 Message Pag.c I 01':2 Gillett, Martha From: Dolby, Michael Sent: Wednesday, March 15,20069:14 AM To: Alexander, Cynthia; Joerns, John; Gillett, Martha Subject: FW: La Porte 2006 COs/Resolution re Notice of Intent.DOC fyi -----Original Message----- From: Fischer, Tanya [mailto:TanyaFischer@andrewskurth,com] Sent: Tuesday, March 14, 20067: 13 PM To: Dolby, Michael Subject: RE: La Porte 2006 COs/Resolution re Notice of Intent.DOC Michael: Ryan gave us the update from the meeting. We will draft a response to you in the next couple of Let me know if you have any questions. Tanya From: Dolby, Michael [mailto:DolbyM@cLla-porte.tx.us] Sent: Tuesday, March 14, 2006 11:55 AM To: Fischer, Tanya Cc: Alexander, Cynthia; Gillett, Martha; Joerns, John Subject: RE: La Porte 2006 COs/Resolution re Notice of Intent. DOC Ms Fischer, Last night during our council meeting, Ryan Oheara (RBC Dain) stated that he had spoke with your firm regarding the difference in the amount posted on our agenda for CO's and the amount stated on the notice of intent. He told our council that your firm had spoke with the AG's Office and the AG told your firm Hlat the arnount stated on the POS and the amount published in the notice of intent will supersede the amOllllt we posted as ,-HI agenda caption. Our council wanted your firm to provide us (City of La Porte) With a written cOllflrrnalicwI U] :luur conversation with the AG's office. Thank you Michael G. Dolby, CPA Assistant Director of Finance City of La Porte (281) 470-5036 -----Original Message----- From: Fischer, Tanya [mailto:TanyaFischer@andrewskurth.com] Sent: Thursday, March 09, 2006 7:05 PM To: Chris.Orms@Rbcdain.com; Dolby, Michael Cc: Witte, Rick; Hernandez, James; Collie, Robert; O'Hara, Ryan (RBC Dain); Miller, Shannon M, Subject: La Porte 2006 COs/Resolution re Notice of Intent.DOC <<La Porte 20056 COs/Resolution re Notice of Intent.DOC>> Michael and Chris: Attached is the draft Resolution for the Notice of Intent to Issue CO's for Monday's meeting, Please review and let us know if this accurately reflects the transaction. We have drafted the Notice for a maximum amount of issuance of 3/15/2006 Message Page 2 0 r :2 $6.1 million. The projects you listed for the COs came to $5.8 million but we wanted to give you some room just in case the project amounts increase or there were addrtlcd'di :SSW1 n k I would like this amount revised. Also, please eOllfirm that the prower clesc:riptlonS 11'1 tile IJullet: arc, UJr:"c: Let us know of any changes you need. We look forward to worklrlg with you all 011 trllS lranS;ll:11 Tanya Fischer Andrews Kurth LLP 600 Travis, Suite 4200 Houston, TX 77002 713.220.3915 (phone) Treasury Circular 230 Disclosure - To comply with requirements imposcd hy the IlltCltldl Revenue Service, we inform you that any tax advice contained in this writtcll comlllllll1cltlC1Il (including any attachment) is not intended or written to be used, and cannot be uscd. by dllY person for the purpose of avoiding tax penalties that may be imposed on the person. If th i s Wli t tcn communication contains any tax advice that is used or referred to in connection with thc promoting, marketing or recommending of any transaction(s) or matter(s). this \\Tittl'll communication should be construed as written to support thc pruIllOtllll!. 111dikl'IIII.~": recommending of the transaction(s) or mallel(s) addlessl'd b) tht~ \\ l'llll'll ((II1llllllllil ,llk,I,..I: '.1 ii', taxpayer should seek advice based on the taxpayer's particuLlr l.iIClIlllSl:11ll'l'S fr()l1l :111 Illlkl)l'llCklll tax advisor. No limitation has been imposcd bv .\mllc\\ s K:II'll, I I 1'1111 dISliu"lill' (11;1 ( :,!\ treatment or tax structure of thc trdllsdct lUll!,,) ()j 11LI!I:I! .! Treasury Circular 230 Disclosure - To comply with requirements imposed by the Jntcrnal Re\ellUl' Service, we inform you that any tax advice contained in this written communication (including IlIl\ attachment) is not intended or written to be used, and cannot be used, by any person for the purpose ()I avoiding tax penalties that may be imposed on the person. If this written cOlllmUlli(:ltIUIl \,',111!.111:1::: tax advice that is used or refened to in connection with the promoting. marketing or n.TolllI11l'lldlllg ,>I any transaction(s) or matter(s), this written communication should he cOllstrul'd as \\Tlttell to SUpP()rt till' promoting, marketing or recommending of the transaction(s) or Illdtter(sl addressed hv thiS W1'1tll'Il communication, and the taxpayer should seek advice based 011 the ldxpdycr\ partllLll:lIl!tdlllhl:tllll'~ from an independent tax advisor. No limitation has been imposed by Andrews Kurth LLP Oil disclosure of the tax treatment or tax structure of the transaction(s) or matter(s). 3/15/2006 B f1h; bci A REQUEST FOR CITY COUNCIL AGENDA ITEM Source of Funds: N/A Agenda Date Requested: March 27 2 Requested By: C nthia B. Alexander Department: Finance Account Number: N/A Report: Resolution: Ordinance: X Amount Budgeted: N/A Exhibits: Amount Requested: N/A Exhibits: Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION The City Council adopted the Fiscal Year 2005-06 Budget on August 22,2005. The Summary of funds, which is shown below, represents the amendments which council previously approved to the FY-2005-06 Budget. (*denotes funds with current changes) Original Budget Previously Proposed Amended Budget Amended Budget General Fund $25,987,077 $26,256,553 $26,756,553* Grant Fund 2,793,931 2,846,382* 2,886,382* Hotel/Motel Occupancy Tax 334,280 472,143 472,143 Community Investment 190,000 190,000 190,000 La Porte Development Corporation 740,060 740,060 740,060 Tax Increment Reinvestment zone 36,000 36,000 36,000 Utility \ 6,774,071 6,811,224 6,811,224 Sylvan Beach 208,683 216,881 216,881 Airport 241,443 241,443 241,443 La Porte Area Water Authority 1,693,956 1,693,956 1,693,956 Golf Course 1,240,740 1,241,835 1,241,835 Motor Pool 1,661,304 2,455,900 2,455,900 Insurance Fund 4,017,103 4,017,103 4,017,103 Technology fund 956,611 958,068 958,068 General Capital Improvement 433,500 459,485 459,485 Utility Capital Improvement 715,000 732,950 732,950 Sewer Rehabilitation Capital Improvement 330,000 330,000 330,000 Infrastructure Fund 705,000 705,000 705,000 1998 General Obligation Bond Fund 1,207,639 1,207,639 1,207,639 2000 General Obligation Bond Fund 1,160,000 1,160,000 1,660,000* 2002 General Obligation Bond Fund 732,789 732,789 732,789 2004 Certificate of Obligation Bond Fund 10,000 10,000 10,000 2005 General Obligation Bond Fund 7,700,000 7,700,000 7,700,000 2005 Certificate of Obligation Bond Fund 1,800,000 1,800,000 1,800,000 General Debt Service 2,190,671 2,190,671 2,190,671 Utility Debt Service 381,712 381,712 381,712 La Porte Area Water Authority Debt Service 771,719 771,719 771,719 Total of All Funds $ 65,013,289 $ 66,359,513 $ 67,399,513 lof2 Action Required bv Council: Adopt Ordinance Amending Fiscal Year 2005-06 Budget for $500,000 for construction of Fire Station 3. Additional funding is to be taken from fund balance. Also amend grant fund by $ 40,000 for community development block grant. Approved for City Council A!!enda ~. 3.- ,;)J --u& Date 20f2 ORDINANCE NO. 2762-J AN ORDINANCE AMENDING THE FISCAL YEAR 2005-06 ADOPTED BUDGET OF THE CITY OF LA PORTE; PROVIDING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Consistent with Chapter 102, Section 102.010 of the Local Government Code, the Budget adopted by the City Council of the City of La Porte on the 22nd day of August, 2005, in Ordinance No. 2005-2836, is hereby amended. The Budget as amended is attached to this Ordinance as Exhibit "A", and is incorporated by reference herein as if set forth herein verbatim. 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 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. 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 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, Ordinance No. 2762-J Page 2 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 9. This Ordinance shall be effective upon its passage and approval. The City Secretary shall cause the budget as amended to be filed with the County Clerk of Harris County, Texas, and copies of the amended budget to be readily available to City Departments, as well as the general public. PASSED AND APPROVED this th~~day of '1YlaL~ ,2006. CITY OF LA PORTE '"'" ~._.. (~, (l . \~-t- By: ~ 'L-/ \~~------- ALTON E. PORTER, MAYOR ATTEST: Lf!d()~~ . Ma ha Gillett ,City Secretary APPROVED: ~fY City Attorney c REQUEST FOR CITY COUNCIL AGENDA ITEM Ag.nda Date Request.... Ma"'~27. ~ Requested By: Way~ Department: Plannine I Budeet Source of Funds: Account Number: Report: Resolution: Ordinance: Amount Budgeted: Exhibits: Letter from Harris County Dated 10-26-05 with Agreement Amendment and Purchase Order attached Exhibits: Amount Requested: Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION Harris County Community and Economic Development Department originally allocated $56,475.00 in Community Development Block Grant Funds for the City of La Porte in connection with the Northside Neighborhood North Second Street Project. Subsequently, our Agreement with Harris County has been amended to include an additional $40,000.00 to adequately cover construction related costs (see letter from Harris County dated 10-26-05). The total amount allocated for this project is now $96,475.00 The Fiscal Year 2005-2006 Budget includes $56,475.00 in Grant Fund 032 for this Community Development Block Grant Project and should be increased by $40,000.00 to account for the additional funding received. i-uJ 13.~ Approved for Citv Council Ae:enda ~J- d~-{Jb Date HARiUSCQUNTY,TEXAS COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT October 26, 2005 8410 Lantern Point Drive Houston, Texas 77054 Tel (713) 578-2000 RE eEl VE q" --.5 '5 Fax (713) 578-2190 OCT 31 2005 \~ CtTY SECRETARY'S OFFICE David B. Turkel Director Alton E. Porter, Mayor City of La Porte 604 W. Fairmont Parkway La Porte, TX 77571 Dear Mr. Porter: Re: Project Name:, City of La Porte - Northside Neighborhood North Second Street Project ...-.. Project No.: CD2004-019 Enclosed please fInd the Amendment to Agreement between Harris County and the City of La Porte adding $40,000.00 of Program Year (PY) 2004 Community Development Block Grant funds to the project referenced-above. The Amendment increases the construction line item to adequately cover costs for items described in the scope of services. The total allocated funds for this project is $96,475.00. Please have City Council review, sign, and return the above- mentioned agreement to our office by November 1,'2005 for placement on the Commissioners Court Agenda. If you have any questions or comments, you may contact Mr. Joseph L. Thompson, Project Monitor, at (713) 578-2000. David B. Turkel Director DBT/daI/erw/jhJjlt Enclosures . J:\gmshare\QA\jt\cdbg04\City of Laporte 04 o 19\transamagr.l 0.25.05.doc mRSTAMENDMENT TO AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF LA PORTE FOR THE NORTHSIDE NEIGHBORHOOD SECOND STREET PROJECT WHEREAS, HARRIS COUNTY, a body corporate and politic under the laws of the State of Texas, hereinafter referred to as "County," and the City of La Porte, a body corporate and politic under the laws of the State of Texas, hereinafter referred to as "Subrecipient," entered into an Agreement on May 8, 2005 to administer a Community Development Block Grant (CDBG) Program Year (PY) 2004, B-2004-UC-48-0002; CD 2004-019 for a project known as the Northside Neighborhood North Second Street Project, in the amount of $56,475.00 (the "Agreement"); and WHEREAS, County and Subrecipient now desire to amend said Agreement to add $40,000.00 in PY 2004 CDBG funds to the Budget. The total amount of CDBG funds allocated to this Project is $96,475.00, for construction and related activities. NOW, THEREFORE, County and Subrecipient mutually agree as follows: 1. Exhibit B, "Budget," which currently reads as follows: Exhibit B BUDGET CITY OF LAPORTE NORTHSIDE NEIGHBORHOOD NORTH SECOND STREET PROJECT Maximum Amount to be Paid Under this Agreement It is expressly agreed and understood that the total amount to be paid by Grantee under this Agreement shall not exceed Fifty Six Thousand Four Hundred Seventy Five and 00/1 00 Dollars ($56,475.00). PROJECT SUMMARY I>:ESCIUllTION Project Costs I. City of La Porte - Northside $55,910.25 Neighborhood North Second Street II. RCPill Allocation (Inspection $564,75 & Engineering Administration) 0.00 $55,910.25 0.00 $564.75 Z:\Community & Economic Development Department\Public Improvements\Northside Neighborhood N. 2nd St AMD - 05 GEN 1932\05 GEN 19327 1st AMD La Porte for Northside Neighborhood Second Street Proj.rtf Page 1 of 6 j I. City of La Porte - Northside Neighborhood North Second Street Construction Contingency PROJECT DETAIL CEDD LEVERAGE TOTAL (CDBG) '\ $50,262.75 $5,647.50 0.00 $50,262.75 0.00 $5,647.50 0.00 $0.00 $ 0.00 $55,910.25 Inspection & Testing 0.00 Subtotal $55,910.25 ll. HCPID Allocation Inspection & Engineering Administration PY CDBG 2004: $56,475.00 is hereby amended to read as follows: CITY OF LAPORTE NORTHSIDE NEIGHBORHOOD NORTH SECOND STREET PROJECT Maximum Amount to be Paid Under this Agreement It is expressly agreed and understood that the total amount to be paid by Grantee under this Agreement shall not exceed Ninety Six Thousand Four Hundred Seventy Five and 00/1 00 Dollars ($96,475.00). PROJECT SUMMARY Project Costs I. City of La Porte - Northside Neighborhood North Second Street Pro' ect II. RCPill Allocation (Inspection & Engineering Administration) $95,910.00 $0.00 $95,910.00 $565.00 $0.00 $565.00 PY CDBG 2004: 596,475.00 Z:\Community & Economic Development Department\Public Improvements\Northside Neighborhood N. 2nd St AMD - 05 GEN 1932\05 GEN 1932 _ 1st AMD La Porte for Northside Neighborhood Second Street Proj.rtf Page 2 of 6 iProJedCosts PROJECT DETAIL tEDD (CDnG)L$VERAGE TOTAL I. City of La Porte - Northside Neighborhood North Second Street Pro. ect Construction Contingency (@ 5% of construction) Inspection & Testing Subtotal $0.00 $95,910.00 $0.00 $0.00 $0.00 $95,910.00 ll. HCPID Allocation Inspection & Engineering Adrrrinistration Subtotal Z:\Community & Economic Development Department\Public Improvements\Northside Neighborhood N. 2nd St AMD - 05 GEN 1932\05 GEN 1932 - 1st AMD La Porte for Northside Neighborhood Second Street Proj.rtf Page 3 of 6 ORDER THE STATE OF TEXAS S S COUNTY OF HARRlS S The Commissioners Court of Harris County, Texas, convened at a meeting of said Court at the Harris County Administration Building in the City of Houston, Texas, on the day of ,2005, with the following members present, to wit: Robert Eckels EI Franco Lee Sylvia R. Garcia Steve Radack Jerry Eversole County Judge Commissioner, Precinct No. 1 Commissioner, Precinct No.2 Commissioner, Precinct No.3 Commissioner, Precinct No.4 and the following members absent, to-wit: a quorum, when among other business, the following was transacted: , constituting ORDER AUTHORIZING EXECUTION OF FIRST AMENDMENT TO AGREEMENT . BETWEEN HARRIS COUNTY AND THE CITY OF LA PORTE FOR THE NORTHSIDE NEIGHBORHOOD SECOND STREET PROJECT Commissioner introduced an order and made a motion that the same be adopted. Commissioner seconded the motion for adoption of the order. The motion, carrying with it the adoption of the order, prevailed by the following vote: Yes No Abstain Judge Eckels 0 0 0 Comm. Lee 0 0 0 Comm. Garcia 0 0 0 Comm. Rada6k 0 0 0 Comm. Eversole 0 0 0 RECITALS: WHEREAS, HARRIS COUNTY, a body corporate and politic under the laws of the State of Texas, hereinafter referred to as "CoUnty," and the City of La Porte, a body corporate and politic under the laws of the State of Texas, hereinafter referred to as "Subrecipient," entered into an Agreement on May 8, 2005 to administer a Community Development Block Grant (CDBG) Program Year (PY) 2004, B-2004-UC-48-0002; CD 2004-019 for a project known as the Northside Neighborhood North Second Street Project in the amount of $56,475.00 (the "Agreement"); and Z:\Community & Economic Development Depar1ment\Public Improvernents\Northside Neighborhood N. 2nd St. AMD - 05 GEN 1932\05 GEN 1932 - 1st AMD La Porte for Northside Neighborhood Second Street Proj.rtf Page 5 of 6 WHEREAS, County and Subrecipient now desire to amend this Agreement to add $40,000.00 in PY 2004 CDBG funds to the Budget. The total amount of CDBG funds allocated to this Project is $96,475.00 for construction and related activities. NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF HARRIS COUNTY, TEXAS THAT: Section 1: The recitals set forth in this order are true and correct. Section -2: The First Amendment to the Agreement is approved and the County Judge of Harris County or his designee is authorized to execute a First Amendment to the Agreement between Harris County and the City of La Porte for the Northside Neighborhood North Second Street Project. The First Amendment to the Agreement is attached hereto and made a part hereof for all purposes. Z:\Community & Economic Development Department\Public Improvements\Northside Neighborhood N. 2nd St. AMD - 05 GEN 1932\05 GEN 1932 - 1st AMD La Porte for Northside Neighborhood Second StreetProj.rtf Page 60f6 II. All other conditions of said Agreement shall remain in full force and effect as originally written. IN WITNESS WHEREOF, the Parties have executed this Amended Agreement as of the day of ,2005. Approved: CITY OF LA PORTE BY.~~Y~ ALTON E. PORTER Mayor Attest:~~aoiL DEBRA FEAZELLE City Manager HARRIS COUNTY By: ROBERT ECKELS coun~2ge Atteil ~ l~ DAVID TURKEL, Director Harris County Community and Economic Development Department Approved as to Form: MIKE STAFFORD . County .Attorney .. fl n- ~U~ By:. CHELBOATES Assistant County Attorney AUDITOR'S CERTIFICATION I hereby certify that funds are available in the amount of $95,910.00 for construction related activities and $565.00 for PID inspection and engineering administration to pay the obligation of Harris County under this Agreement. Barbara J. Schott County Auditor Z:\Community & Economic Development Department\Public Improvements\Northside Neighborhood N. 2nd St AMD - 05 GEN 1932\05 GEN 1932 - 1st AMD La Porte for Northside Neighborhood Second Street Proj.rtf Page 4 of 6 V E N D o R' PURCHASE ORDER NO. P093008 REQUEST NO. PURCHASE OR~{!'VED ORGANIZATION NAME & ECONOMIC-DEVELOPMENT - 289 'DATE CONTRACT PWD, DATE CONTRACT & BOND APPR, , ' TERMS OF PAYMENT FEB 2 7 2006 PLANNING DEPT. S H I P COMMUNITY & ECONOMIC DEVELOPMEN~ 8410 LANTERN POINT DR I HOUSTON, TX 77054 L L HARRIS COUNTY AUDITOR c/o ACCOUNTS PAYABLE 1001 PRESTON, SUITE 800 HOUSTON, TEXAS 77002 (713) 755-6573 All vendors doing business with Harris County should provide the Taxpayer IdentifICation Number or Social Security Number as applicable. Failure to provide this information may result in a delay in payment and/or back-up withholding as required by the Internal Revenue Service . CITY OF LAPORTE }\TTN WAYNE SABO 604 W FAIRMONT PKWY LA PORTE, TX 77571 0001 1. 00 EA 0002 1. 00 EA T o TRAN, CHRISTINE T (713) 578-20730 ****************************** ********* ADDENDUM *********** ****************************** AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF LA PORTE FOR THE EXTENSION AND PAVING OF THE NORTHSIDE NEIGHBORHOOD SECOND STREET LOCATED IN PRECINCT TWO ALL IN ACCORDANCE WITH AGREEMENT WHICH IS HERE REFERRED TO AND MADE A PART HEREOF AS IF ATTACHED. APPROVED ON COMMISSIONERS COURT 3/8/05. ADDENDUM R202911 DATED 2/20/06 TO INCREASE PO TO ADEQUATELY COVER CONSTRUCTION COSTS FOR THE PAVEMENT AND EXTENSION OF NORTH SECOND STREET TO THE NORTH "E" STREET RIGHT OF WAY IN THE CITY. PO DOES NOT INCLUDES $565 TO BE PAYABLE TO HCPID FOR THE ADMINISTRATION AND INSPECTION OF THE PROJECT ALL IN ACCORDANCE WITH AGREEMENT WHICH IS HERE REFERRED TO AND MADE A PART HEREOF AS IF ***CONTINUED** NOT VALID, UNLESS APPROVED BY THE HARRIS COUNTY PURCHASING AGENT. OFFEROR MAY BE REQUIRED TO ENTER A BUSINESS ASSOCIATE AGREEMENT PURSUANT TO HIPAA. FOR QUESTIONS CONCERNING THIS PURCHASE ORDER CONTACT: ISSUANCE OF THIS PURCHASE ORDER IS CERTIFICATION BY THE HARRIS COUNTY AUDITOR THAT FUNDS, IN THE AMOUNT OF THE PURCHASE ORDER TOTAL, ARE AVAILABLE. ADDITIONAL TERMS AND CONDITIONS ON REVERSE COUN1Y AUDITOR'S FORM 3501 (REV. 03/99) ORIGINAL 55,910.25 55,910.25 39,999.75 39,999.75 PURCHASE ORDER TOTAL ~ Q/2tMJ~ JACK McCOWN. HARRIS COUNTY PURCHASING AGENT ORGANIZATION NAME HOUSING & ECONOMIC DEVELOPMENT - 289 VENDOR NO. DATE CONTRACT AWO. DATE CONTRACT & BOND APPR. PURCHASE ORDER V E N o o R CITY OF LAPORTE hTTN WAYNE SABO 604 W FAIRMONT PKWY LA PORTE, TX 77571 S COMMUNITY & ECONOMIC DEVELOPMEN~ H 8410 LANTERN POINT DR I I HOUSTON, TX 77054 L P L T o TRAN, CHRISTINE T (713) 578-2073 0 PURCHASE ORDER NO. HARRIS COUNTY AUDITOR c/o ACCOUNTS PAYABLE 1001 PRESTON, SUITE 800 HOUSTON, TEXAS 77002 (713) 755-6573 All vendors doing business wHh Harris County should provide the Taxpayer Identification Number or Social Security Number as applicable. Failure to provide this information may resull in a delay in payment and/or back-up wHhholding as required by the Internal Revenue Service. ATTACHED. APPROVED ON COMMISSIONERS COURT 12/6/05. NOT VALID, UNLESS APPROVED BY THE HARRIS COUNTY PURCHASING AGENT. OFFEROR MAY BE REQUIRED TO ENTER A BUSINESS ASSOCIATE AGREEMENT PURSUANT TO HIPM FOR QUESTIONS CONCERNING THIS PURCHASE ORDER CONTACT: I fl SUSAN HUTCHINS ~J (713) 755-4663 ORIGINAL ISSUANCE OF THIS PURCHASE ORDER IS CERTIFICATION BY THE HARRIS COUNTY AUDITOR THAT FUNDS, IN THE AMOUNT OF THE PURCHASE ORDER TOTAL, ARE AVAILABLE. ADDITIONAL TERMS AND CONDITIONS ON REVERSE COUNTY AUDITOR'S FORM 3501 (REV. 03/99) PURCHASE ORDER TOTAL ~ 95,910.00 ~~ JACK McCOVVN, HARRIS COUNTY PURCHASING AGENT o REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: March 27 .2006 Appropriation Requested By: Michael Dolby. Asst Director of Finance ource of Funds: N/A Department: FINANCE Account Number: N/A Report: Resolution: XX Ordinance: Amount Budgeted: Exhibits: Resolution 2006- Amount Requested: N/A Exhibits: Budgeted Item: Exhibits: SUMMARY & RECOMMENDATION The City of La Porte intends to issue Certificates of Obligation Bonds for the following projects: TIRZ Infrastructure Various Water Sewer Projects $650,000 $350,000 While preliminary work has not begun on this project, it is not desirable for us to issue debt at this time. However, because we are moving forward with an agreement from the TIRZ; we would like to begin the design phase of this project. Therefore, we recommend the City Council approve a resolution that allows the City to reimburse itself from future bond proceeds for expenditures that are made prior to the issuance of the debt. This is a position that we have taken on several other projects in the past as recommended by bond counsel and required by federal law. The attached resolutions give us the option to reimburse ourselves from future bond proceeds for certain costs associated with the above-mentioned project. Action Required by Council: Approve resolutions declaring intention to reimburse certain expenditures with borrowing proceeds. Approved for City Council A2enda , 1-~~-D~ Da1e RESOLUTION NO. 2006- b 7 RESOLUTION DECLARING INTENTION TO REIMBURSE CERTAIN EXPENDITURES WITH BORROWING PROCEEDS WHEREAS, the City of La Porte, Texas (the "Issuer") desires to pay expenditures in connection with the design, planning, acquisition, construction, equipping, and/or renovating the project or facilities described as TIRZ infrastructure trunk sewer main, lift station, and related facilities between Highway 146 and Broadway, and various additional water and sewer improvements within the City. WHEREAS, Article 717k-6, Vernon's Texas Civil Statutes, as amended ("Article 717k-6"), permits the Issuer to use the proceeds of obligations to reimburse the Issuer for costs attributable to the Project paid or incurred before the date of issuance of such obligations; and WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent with the objectives of the Issuer's programs and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 of the Treasury Regulations, to reimburse itself for such payments at such time as it issues obligations to finance the Project. NOW, THERFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS THAT: Section 1. This Resolution declares the intent of the Issuer to reimburse the expenditures for the Project with the proceed of obligations. The Issuer presently intends to reimburse the expenditure by incurring obligations issued under Texas law, the interest on which is excludable from gross income under Section 103 of the Internal Revenue Code of 1986, as amended. Section 2. The Issuer reasonably expects to incur debt, in one or more series of obligations, in an aggregate maximum principal amount now expected to be equal to $1,000,000 for the purpose of paying the costs of the Project. Section 3. The Issuer intends to reimburse the expenditures hereunder not later than 18 months after the date of the original expenditure is paid or the date the Project is placed in service or abandoned, but in no event more than three years after the original expenditure is paid unless the Project is a construction project for which the Issuer and a licensed architect or engineer have certified that at least five years are necessary to complete the Project in which event the maximum reimbursement period is five years after the date of the original expenditure. Section 4. The Issuer intends that this Resolution satisfy the official intent requirement set forth in Section 1.150-2 of the Treasury Regulations and evidences its intentions under Article 717k-6. Section 5. This resolution shall be liberally construed to evidence the intent of the Issuer to comply with state law and federal income tax law in the issuance of tax-exempt obligations for the Project. PASSED AND APPROVED this the 27th day of March 2006.. CITY OF LA POR~S ~L.\.~ Alton Porter, Mayor ATTEST APPROVED: vU~~ ~~4 City Secretary City Attorney REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 3-2~. Reff . Bude:et Requested By: Richard F: Source of Funds: Department: City Coundl Account Number: Report: Resolution: XX Ordinance: Amount Budgeted: Exhibits: Resolution for Triathlon 4-22-06 C<lf~-;t ~/u'~'~ Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION A Resolution recognizing the First Battle of San Jacinto Triathlon to be held the morning of April 22, 2006 in conjunction with the ceremonies at the San Jacinto Monument. The triathlon will be held within the City limits, also encompassing parts of Baytown and Deer Park and will require street closure requests that must be submitted and approved by TX Dot. Action Required by Council: Approve resolution to participate in triathlon and seek necessary street closures. Approved for City Council A2enda ~ 3--;J<':2-0b Date RESOLUTION NO. 2006- 0 i A RESOLUTION AUTHORIZING THE BATTLE OF SAN JACINTO TRIATHLON AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH TEXAS DEPARTMENT OF TRANSPORT A TION FOR THE TEMPORARY CLOSURE OF STATE RIGHTS-OF-WAY; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the Texas Department of Transportation requires the City of La Porte to enter into an agreement for the temporary closure of State rights-of-way for closure of various streets for the purpose of the Battle of San Jacinto Triathlon. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. That the Battle of San Jacinto Triathlon is an event that serves a public purpose. This event is open to the public and will also attract visitors from outside the city limits of La Porte. Section 2. That the City of La Porte will fulfill all necessary requirements established by 43 TAC, Section 22.12 which establishes the rules and procedures for the temporary closure of a segment of the State highway system. Section 3. That the City Manager be designated to coordinate the event activities. Passed by the City Council this 27th day of March, 2006. CITY?f LA PORTE\0 ~,~~~ \~ Alton E. Porter Mayor ATTEST: ~ 0YltltfJL ~ Martha A. Gillett City Secretary . APPROVED:. J 0 O~2,~ Cr ya4/ --roD{( CoPy O~ ~~. +0 ~ Oot ~ or\01tJA I (orJracf fa M '0\.1~-tJd. /Jl'G>Y U) II ('liLt (f\) Of ~8)Ajll CorrHad ~ OU ( o?P(LE . f1( Knox W. Askins City Attorney REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: March 27. 2006 Requested By: W9yne.J S9ho Department: PI~llllillg Appropriation Source of Funds: Fund 41 Account Number: 041-9892-831-1100 Report: Resolution: Ordinance: x Amount Budgeted: $1 t 110,000 Amount Requested: $1,609,758 Exhibits: Ordinance Budgeted Item: YES Exhibits: Bid Tabulation Exhibits PrQject Budget / (jnlJJ,-+tJ~'OyJ rYl (? /Iv 1{) / f SUMMARY & RECOMMENDATION Sealed bids were received from pre-qualified contractors on January 10, 2006, for the construction of Fire Station No.3. Twenty contractors pre-qualified under the terms of Section 2-106 of the City's Code of Ordinances. Six bidders attended the mandatory Pre-bid Conference, and five turned in bids. A bid tabulation is attached. The base bid and Alternate No. 2(add) and Alternate No. 3(add) were selected. Low base bid was submitted by Hull & Hull, Inc. for $1,462,402. Hull & Hull is the contractor who just completed the construction for Fire Station #2. A five percent (5%) contingency of $68,475 is also recommended along with the acceptance of Change Order #1 reducing the amount of the base bid by $112,894. Change Order #1 is a direct result of the value engineering as proposed by Hull & Hull, Inc and their sub-contractors. Change Order # 1 has been coordinated with the Fire Department and the Planning Department and will not degrade the quality of the final product. Recap: Amount Budgeted: Bid Amount: Contingency Project Shortfall Subtotal: Ancillary Project Costs: Project Shortfall Subtotal: Value Engineering Reduction: Total Project Shortfall: $1,110,000 $1,462,402 $ 68,475 - $ 420,877 $ 191,775 - $ 612,652 $ 112,894 -$ 499,758 The project has come in over budget (see breakdown attached as exhibit 3). The construction cost of $1,417,983 plus the ancillary project costs of $191,775 equals a total project cost of $1,609,758 which is $499,758 over the budgeted amount. (t,tv ~ D'r :tvV (.... ( l~ 0 Action Required by Council: Approve Ordinance authorizing the City Manager to execute a contract with Hull & Hull, Inc. for the construction of Fire Station No.3 for a net cost of $1 ,462,402 with a five percent (5%) contingency of $68,475 and to initiate a deduct Change Order #1($112,894) for a total construction cost of$I,417,983 and to authorize the City Manager to increase the budgeted amount to $1,609,758. Approved for City Council Ae:enda 3-;)2-0(0 Date FIRE STATION # 3 PROJECT BUDGET 3/17/2006 2000 GO BOND $ 1,110,000.00 DESIGN/REIMBURSABLES $ 88,000.00 LEGAL $ 2,000.00 GEOTECHNICAL $ 2,475.00 MATERIAL TESTING $ 15,000.00 PRE-QUALIFICATION AD $ 500.00 LEGAL AD $ 800.00 PERMIT FEES $ 20,000.00 SPECIAL INSPECTIONS $ 5,000.00 GENERATOR with TRANSFER SWITCH $ 20,000.00 CONSTRUCTION $ 1,462,402.00 CHANGE ORDER # 1 $ (112,894.50) CONSTRUCTION 5% CONTINGENCY $ 68,475.00 ANTENNA $ 6,000.00 COMMUNICATIONS $ 12,000.00 FURNITURE $ 10,000.00 APPLIANCES $ 10,000.00 PROJECT COST (includes ancillary costs) $ 1,609,757.50 ADDITIONAL FUNDS NEEDED $ 499,757.50 FIRE STATION # 3 ANCILLARY COSTS 3/9/2006 2000 GO BOND $1,110,000 DESIGN/REIMBURSABLES $ 88,000.00 LEGAL $ 2,000.00 GEOTECHNICAL $ 2,475.00 MATERIAL TESTING $ 15,000.00 PRE-QUALIFICATION AD $ 500.00 LEGAL AD $ 800.00 PERMIT FEES $ 20,000.00 SPECIAL INSPECTIONS $ 5,000.00 GENERATOR with TRANSFER SWITCH $ 20,000.00 ANTENNA $ 6,000.00 COMMUNICATIONS $ 12,000.00 FURNITURE $ 10,000.00 APPLIANCES $ 10,000.00 ANCILLARY PROJECT COST $ 191,775.00 Sabo, Wayne From: McPhail, Reagan Sent: Monday, February 06, 2006 11: 16 AM To: Sabo, Wayne Cc: Dunham, Champ Subject: Fire Station 3 - Cost of construction W.,FYI Fire Station # 3 - 2002 Bonds 2001 Construction Estimate - $ 800,000 2002 - 10.1 % increase in labor/materials $ 880,800 2003 -15.2% increase in labor/materials $ 1,014,681 2004 - 20% increase in labor/materials $ 1,217,617 2005 - 23.24% increase in labor/materials $ 1,500,592 Jan 2006 - base bid was $1,363,000 Pag~ 1 of 1 c;vv}. t0 IV 8 \\. J-.- ~S ~ c.JT ys " .~ (>fY ~ ~ Construction increase percentages are as publicized by AGC Houston A copy of the AGC report shall be forwarded onto you for review. Reagan 2/8/2006 FEe 0 8 20n5 2006 labor & Materials - Cost Survey Results The following are results to the annual survey regarding labor and materials cost increases in commercial construction. AGC makes no representations that this is a "scientific" study. The results are based on a survey of a representative sample of member companies for each CSI division. If you have any questions, please contact Tamara Hancock at 713-843-3700. 2005 RESULTS 2005 LABOR COSTS: PTQjected cost inaease 6.9% 2005 MATERIAL COSTS: Proiected cost increase 11.9% Actual Increase 7.04% Variance 0.14% MORE than projected* Actual Increase 16.2%++ Variance 4.3% MORE than projected** 2006 PROJECTIONS 2006 LABOR COSTS: 2006 MATERIAL COSTS: Projected Average increase: Projected Average increase: 5.8%" 9.55% ** ++According to the Bureau of Labor Statistics (BLS), the A verage Producer Price Index for Construction Materials & Components for 2005 renects an increase of 10.2% over the 2004 average. .. Seasonally adjusted construction employment in the U.S. slipped by 9, 000 in December, according to the Bureau of Labor Statistics (BLS). It was the first monthly drop in nearly two years. Over the past 12 months, industry employment swelled by 246, 000 or 3.5%, more than double the 1.5% growth rate for total nonfarm payroll employment. Employment in all five BLS construction categories grew: residential specialty trade contractors, 5.4%, residential building, 4.5%; heavy and civil engineering, 4.2%; nonresidential building, 2.4%; and nonresidential specialty trade contractors, 1.5%. Seasonally adjusted BV8fll{/11 hourly BBmings in construction rose to $19.69 in December, a gain of 2. 1 % over the course of the year and 18% more than the average for all private-sector production or nonsupervisory employees. .... According to Ken Simonson, AGCA Chief Economist, the price increases and shortages for resins, particularly those for construction plastics such as polyvinyl chloride (PVC) pipe are attributable in part to shortfalls in natuml gas output from producing platforms in the Gulf of Mexico destroyed by Hurricanes Rita and Katrina. According to the Minerals Management Service of the Interior Department, 18% of the natural gas production and 26% of the oil production from the Gulf were still shut in as of January ". While the U.S. can buy oil and petroleum products elsewhere, there is almost no way to make up the loss of natural gas. In addition, a survey conducted by PinnacleOne, one of the nation~ leading construction consulting firms, shows that the average price increase in construction project bidding (mainly due to materials cost increases as a result costs of oil and steel) in 2005 was 13.2% - more than four times the rate of innation. AGe Houston I 3825 Dacoma Street I Hous1Dn. Texas 17092 I Tel (713) 843-3700 I Fax (713) 843-3177 I www.agchouston.org 2006 Labor & Materials - Cost Survey Results Average projected 2006 cost increases in Houston per division: CSI Division labor Cost Proiections Material Cost Proiections 02000 Site Work 4.75% 13.75% 03000 Concrete 4.0% 5.0% 04000 Masonry 3.33% 6.33% 05000 Metals 7.33% 10.33% 06000 Wood & Plastics 0% 0% 07000 Thermal/Moisture 9.0% 10.0% 08000 Doors & Windows 5.0% 9.5% 09000 Finishes 4.0% 7.4% 10000 Specialties 6.67% 12.83% 11000 Equipment No Response No Response 12000 Furnishings No Response No Response 13000 Special Construction 4.0% 4.5% 14000 Conveying Systems No response No response 15000 Mechanical 4.88% 10.11% 16000 Electrical 7.43% 9.38% PROJECTED 2006 AVERAGE 5.80% 9.55% Craft Shortages Projected The most often reported Craft Shortages continue to relate the need for more *skI1/ed~ "experienced" or .qus/llfed" workers across many crafts. Many respondents were also concerned about the need for more supervisors/suptHintendenfs and journeymen. Specific Trades most often reported were Iabon;ns. plumbers, electrfclans. and masons. Materials Shortages & COST Increases Projected Shortages and sharp price increases were most prevalent for concrete, metals, PVC pipe, insulation, and steel. PinnacleOne, one of the nation's leading construction consulting firms, predicts the following for 2006: "Full impact of the hurricanes will hit the industry by mid year. In the early part of 2006, there will be minimum escalation to construction costs while the cleanup in Louisiana, Mississippi, Texas and Florida is taking place. However, by mid year, once reconstruction starts, look for costs to rise rapidly as the demand for materials and labor will dramatically escalate. Increases could be as much as 10 percent to 15 percent across the country, and it may take as long as 18 months to 24 months before supply and demand for these resources level off. AGe Houston I 3825 Dacoma Street I Houston. Texas 77092 I Tel (713) 843-3700 I Fax (713) 843-3777 I www.~uston.org Historical Data labor and Materials Costs Projected & Actual - 1998-2006 LABOR COSTS YEAR PROJECTED 1998 10.2% 1999 4.2% 2000 5.4% 2001 7.0% 2002 5.1% 2003 4.1% 2004 6.6% 2005 6.9% 2006 5.8% MATERIALS COSTS YEAR PROJECTED 1998 7.3% 1999 4.3% 2000 4.1% 2001 7.3% 2002 4.8% 2003 4.3% 2004 9.1% 2005 11.9% 2006 9.55% ACTUAL 8.4% 5.7% 7.7% 6.5% 5.7% 7.6% 6.3% 7.04% ACTUAL 5.9% 7.5% 7.2% 4.7% 4.4% 7.6% 13.7% 16.2% Labor Costs - Projected & Actual 12 10 G) I/) 8 Ir!I Projected C'II f u 6 . Actual ..: 4 ..,e. 2 0 (X) m 0 0 N C') '<T 10 co m m 0 0 0 0 0 0 m m 0 0 0 0 0 0 0 .- .- N N N N N N N Materials Costs - Projected & Actual 20 IilI Projected . Actual Q) 15 III IV ~ 10 c ';;ft 5 o ~ m 0 ~ N M v m ID m moo 0 0 0 0 0 m moo 0 0 0 0 0 ~ ~ N N N N N N N AGe Houston J 3825 Decoma Street I Houston. Texas 77092 J Tel (713) 843-3700 J Fax (713) 843-3717 J www.agchouston.org ORDINANCE NO. 2006- ~g 1<[ AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND HULL & HULL, INC. FOR THE CONSTRUCTION OF FIRE STATION NO.3, APPROPRIATING $1,462,402.00 PLUS A CONTINGENCY OF $68,475.00, 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, a copy of which is on file in the office of the City Secretary. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. City Council appropriates the sum of $1,462,402.00 plus a contingency of$68,475.00, from Fund 041, Project No. 831, to fund said contract. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. 2 PASSED AND APPROVED, THISJrf-DA Y OF--1vIdA~ , 2006. CITY OF LA PORTE . B'~ (Y~-t-- y. .Uh-' 0~ \~ Alton E. Porter, Mayor ATTEST: ~~ J4jjJj)j Martha Gillett, City Secretary ~Ef;: 1/1/. ~ I f Knox W. Askins, City Attorney ~ ~ -r ~. AS-~/f cITY /tTTOf?YC-Y LA PORTE FIRE STATION NO.3 RHA PROJECT NO. 0553 10 JANUARY 2006 3Dllnternational x x $1,364,867 186 $53,806 $90,961 $1,370 $30,147 A- T ec x x $1,494,085 325 $61,204 $89,500 $2,802 $26,952 Camarata & Perry x x $1,410,000 185 $57,641 $97,880 $2,400 $29,940 Hull & Hull x x $1,363,139 330 $46,911 $96,646 $2,617 $29,735 L & M Contractors x x $1,544,563 240 $45,383 $85,000 $0 $27,000 RAY + HOLLINGTON ARCHITECTS 'AIX Document A101" -1997 Standard Form of Agreement Between Owner and Contractor where.the basis of payment is a STIPULATED SUM AGREEMENT made as of the inthe year of 2006 (In words, indicate day, month and year) 27 March BETWEEN the Owner: (Name, address and other information) City of La Porte 604 W. Fairmont Pkwy La Porte, Texas 77571 Telephone Number: 281~471.5020 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. and the Contractor: (Name, address and other information) AlA Document A201-1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditionSlJnless this document is modified. Hun & HuH, Inc. 2223 Kelley Street Houston, Texas 77026 Telephone Number: 713.699-2577 Fax Number: 7l3~699-2581 This document has been approved and endorsed by The Associated General Contractors of America. The Project is: (Name and location) City of La Porte Texas Fire Station NO.3 2400 Sens Road La Porte, Texas 17571 RHA Project No. 0553 The Architect is: (Name, address and other information) Ray + Hollington Architects, Inc. 4916 Main Street Suite 100 Houston, Texas 17002 Telephone Number: 713-524-6131 Fax Number: 713-630-1005 The Owner and Contractor agree as follows. AlA Document A101â„¢ -1997. Copyright @ 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967,1974,1977,1980,1987,1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA</!) Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA</!) Document, or any portion of it, may result in severe civil and criminal penalties, and will be 1 prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AlA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. - - .. 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. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION ~ 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 will be fixed in a notice to proceed.) The commencement date will be fixed in a notice to proceed. If, prior to the commencement of the Work, the Owner requireslimeto file mortgages, mechanic's liens and other security interests, the Owner's time requirement shall be as follows; Three Hundred Thirty Calendar Days ~ 3.2 The Contract Time shall be measured from the date of commencement. ~3.3 The Contractor shall achieve Substantial Completion of the entire later than 330 days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial Completion of certain portions of the Work.) , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, ifany,for liquidated damages relating tofai/ure to complete on time or for bonus payments for early completion of the Work')i\ \ . . The contractor and the contractor's surety shall be liable for alld shall pay the Owner the sums heremafter stIpulated as liquidated damages for each calendar dy of delay afterthedate establish~ for subst~tial comp~etion in the Contracti .. Documents until the work is substantially complete. From the compensatIon otherwIse to be paId, the OwnermaYret~mthe sum of $1,000.00, for each calendar day thatthework remains uncompleted, which sum is agreed upon as the proper measure of liquidated damages that the OWTler.wiUsustain per day upon the failure of the contractor to substantially complete the work in the time stipulated, and thissumiSl10t to be construed in any sense as a penalty. ARTICLE 4 CONTRACT SUM ~ 4.1 The Owner shall pay the Contractor the Contract Sum in current fundsfor the Con!ractQr\~rformance of the Contract. The Contract Sum shall be One Million Four Hundred Sixty Two Thousand Four Hundreu'TwO Dollars ($ 1,462,402.00 ), subject to additions and deductions as provided in the Contract Documents. AlA Document A10P"'-1997. Copyright @1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1980, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA'" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AlA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. 2 -- ~ 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 for ~ach and the date when that amount expires) Alternate No.2 - Roofing: Add $96,646.00 Alternate No.3 - Drywall: Add $2,617.00 ~ 4.3 Unit prices, are as follows: ARTICLE 5 PAYMENTS ~i5.1PROGRESSPAYMENTS 55.ttBased upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on accollntbfthe Contract Sum to the Contractor as proVided be1owandeh;ewhere in the Contract Documents. ~ 5.1.2 Thep~riod covered by ead1Application for Payment shall be one calendar month ending on the last day of the month, or as follows: S5.t3 Provided that an Application for Payment is received by the Architect not later than the First day of a month, the. ()wnershalLmake payment to the Contractor not later than the Twenty Fifth day of the same month;!! anp.pplication for Payment is received by the Architect after the application date fixed above, payment shall be madebythe>OwIler not later than thirty (30) days after the Architect receives the Application for Payment. ~5.1.4 Each Application for Payment shall be based on most recent schedule of values submitted?y theqontractor in accordance with the Contract Documellts, The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The scheduleofyallles shall be prepared in such form and supported bysuchdatato substantiate its accuracy as the Architect mayre9uire. This schedule, unless objected to by the Architect,$haUbe used as a basis for reviewing the Contractor's Applications for Payment. ~5.1.5Applications fo[Payment shall indicate the percentage of period covered by the Application for Payment. portion of the Work as of the end of the AlA Document A101â„¢ -1997. Copyright @ 1915, 1918, 1925, 1937, 1951,1958,1961,1963,1967,1974,1977,1980,1987,1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA~ Document is protected by U.S. Copyright law and International Treaties. Unauthorized reproduction or distribution of this AIA~ Document, or any portion of it, may result in severe civil and criminal penalties, and will be 3 prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AlA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. - - .. ~ 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Five percent percent ( 5.00 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.8 of AlA Document A20l-1997; .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 completedconsttuction (or, if approved in advance by the Owner, suitably stored off the site at a location upon in writing), less retainage of percent ( 5.00 %); .3 Subtract the aggregate of previous payments Il1ade by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AlA Document A201-l997. ~ 5.1.7 The progress payment amount determined in accordance with Section 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 unsettlegclaims; and (Section 9.8.5 ojAlA Document A201-1997requires release of applicable retainage upon Substantial Completion o/Work with consento/suiety, if any.) .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 Section 9.10.3 of AlA DocumentA201-1997. ~ 5.1.8 Reduction or limitation of retainage, 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 from the percentages inserted in Sections 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.) ~ 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. ~ 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 Section 12.2.2 of AlA Document A20 1-1997, and to satisfy other requirenlt,;nts, if any, which extend beyond finaL payment; and .2 a final Certificate for Payment has been issued by the Architect. ~ 5.2.2 The Owner's final payment to the Contractor shall be made no later than .30 days after the issuance of the Architect's final Certificate for Payment, or as follows: No Later than 30 days after the issuance of the Architects final Certificate of payment AlA Document A101â„¢ -1997. Copyright @ 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1980, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA@ Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA@ Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AlA Contract Documents, e-mail The American Institute of Architects' legai counsel, copyright@aia.org. 4 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 A201- 1997. ~6.2The Work may be suspended by the Owner as provided in Article 14 of AlA Document A20 1-1997. ARTICLE7 MISCELLANEOUS PROVISIONS 57.1 Where reference is made in this Agreement to a provision of AlA Document 1\201-1997 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisiol180f 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 inthe absence thereof, at the legal rate prevailing from time to time.at the place where the Project is located. (Insert rateo/interest agreed upon, if any.) (Usury laws pnd requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and (ltherregulations..a(the Owner's and Contractor's principal 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 tt:gatdingi't:(juirementssuch as written disclosures or waivers.) ~ 7.3 The Owner's representative is: (Name, address and other information) Wayne Sabo I Reagan McPhail 604 W. Fairmont Pkwy La Porte, Texas 77571 281-471-9650 S 7.4 The Contractor's representative is: (Name, address and other information) William C. Hull 2223 Kelley Street Houston, Texas 77026 Telephone Number: 713-699-2577 Fax Number: 713-699-2581 Mobile Number: 713-545-5060 wchull@saniac.net ~ 7.5 Neither the Owner's nor the Contractor's represelltativeshall be changed without ten days written notice to the other Party. s. 7.6 Other provisions: AlA Document A101â„¢ -.1997. Copyright @ 1915,1918,1925,1937,1951,1958,1961,1963,1967, 1914, 1977, 1980, 1987, 1991 and 1997 by The Amencan Institute of Architects. All rights reserved. WARNING: This AlAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reprodu~tion or distribution of this AlAe Document, or any portion of It, may result in severe civil and criminal penalties, and will be 5 prosecuted. to the m~xlmum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copynght Violations of AlA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. ".-. -. ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS ~ 8.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: ~8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and Contractor, AlA Document AlOl-1997. 18.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract forC()nstruction, AlA Document A20 1-1997. ~ 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated and are as follows Document Title Supplementary Conditions Pages 19 00800 f 8.1.4 The Specifications are those contained in the ProjectManuaLdated as in Section 8.1.3, and are as follows: (Either list the Specifications here or refer to an exhibitattachedto this Agreement.) Section Title Pages Title of Specification exhibit: Exbibit;\, Table of Contents, Divisions 0 thru 16 ~ 8.1.5 The Drawings are as follows, and are dated (Either list the Drawings here or refer to an exhibit attached to this Agreement.) unless a different date is shown below: Number Title Title of Drawings exhibit: ExhibitB, Drawing Index Date f8.1.6 The Addenda, if any, are as follows: Number 1 2 3 Date Oll05/06 01/06/06 01/09/06 Pages 1 with attachments 3 with attachments 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. AlA Document A10pM -1997. Copyright @ 1915,1918,1925, 1937, 1951,1958, 1961, 1963, 1967, 1974, 1977, 1980, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA'" Document, or any portion of it, may result in severe civil and criminal penalties, and will be 6 prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AlA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. ~ 8.1.7 Other documents, if any, forrlling 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 A201-1997 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) Wage Rates, 4 pages This Agreernent isentetedintOas of the day and year first written above and is executed in at least three original copies, of which one is to be delivered lathe Contractor, one to the Architect for use in the adrllinistration of the Contract, and the remainder to the Owner. o~lt:!trjh:fiL ~rA.. e>. f1eAz.et I~ C'~"f~f)((?("~ (Printed name and title) I William C. Hull, President/CEO (Printed name and title) .. ~tlUlf)l0t~ CAUTION: You should sign an original AlA Contract Document, on which this text appears in RED. An original assures that changes will not be obscured. AlA Document A101â„¢ -1997. Copyright @ 1915,1918,1925, 1937, 1951,1958, 1961,1963,1967,1974,1977,1980,1987,1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA@ Document is protected by U.S. Copyright law and International Treaties. 7 Unauthorized reproduction or distribution of this AIA@ Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AlA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. EXHIBIT "A" TABLE OF CONTENTS La Porte Fire Station Number 3 La Porte, TX RHA 0553 TB- 1 Page~ Pivision Section Title CONTRACT REQUIREMENTS DIVISION 0 - DOCUMENTS 00020 REQUEST FOR COMPETITIVE SEALED PROPOSALS 00100 INSTRUCTIONS TO BIDDERS 00220 GEOTECHNICAL DATA 00500 AGREEMENT FORMS 00610 PERFORMANCE BONDS 00620 PAYMENT BONDS 00700 GENERAL CONDITIONS 00800 SUPPLEMENTARY CONDITIONS CITY OF LA PORTE PREVAILING WAGE RATE DETERMINATIONS 1 1 29 1 3 3 1 19 4 SPECIFICATION REQUIREMENTS DIVISION 1 - GENERAL REQUIREMENTS 01010 01025 01230 01250 :>1290 31310 :>1320 )1330 )1400 )1410 )1420 )1500 )1565 )1566 )1567 )1568 )1569 )1600 11700 11731 )1740 11770 SUMMARY OF WORK MEASUREMENT AND PAYMENT ALTERNATES CONTRACT MODIFICATION PROCEDURES PAYMENT PROCEDURES PROJECT MANAGEMENT AND COORDINATION CONSTRUCTION PROGRESS DOCUMENTATION SUBMITTAL PROCEDURES QUALITY REQUIREMENTS TESTING LABORATORY SERVICES REFERENCES TEMPORARY FACILITIES AND CONTROLS NPDES REQUIREMENTS SOURCE CONTROLS FOR EROSION AND SEDIMENTATION FILTER FABRIC FENCE REINFORCED FABRIC FILTER BARRIER ST ABIL\ZED CONSTRUCTION EXIT PRODUCT REQUIREMENTS EXECUTION REQUIREMENTS CUTTING AND PATCHING WARRANTIES CLOSEOUT PROCEDURES 5 2 2 2 4 5 6 8 1 2 14 6 2 3 3 3 3 6 5 4 3 5 La Porte Fire StaUon Number 3 La Porte, TX RHA 0553 TABLE OF CONTENTS T8.2 01781 01782 01820 PROJECT RECORD DOCUMENTS OPERATION AND MAINTENANCE DATA DEMONSTRATION AND TRAINING 3 5 4 DIVISION 2 - SITE WORK 02230 SITE CLEARING 02240 DEWATERING 02244 LIME STABILIZATION 02260 EXCAVATION SUPPORT AND PROTECTION 02300 EARTHWORK 02361 TERMITE CONTROL 02466 DRILLED PIERS 02600 SITE UTILITY PIPING 02741 HOT-MIX ASPHALT PAVING 02751 CEMENT CONCRETE PAVEMENT 02764 PAVEMENT JOINT SEALANTS 02810 IRRIGATION SYSTEMS 02821 FENCES AND GATES 02920 LAWNS AND GRASSES 02930 EXTERIOR PLANTS 4 3 2 4 10 4 7 5 6 11 4 14 2 7 8 DIVISION 3 - CONCRETE- 03300 CAST IN PLACE CONCRETE 13 DIVISION 4 - MASONRY 04810 UNIT MASONRY ASSEMBLIES 17 DIVISION 5 - METALS 05500 METAL FABRICATIONS ~o DIVISION 6 - WOOD AND PLASTICS 06100 ROUGH CARPENTRY 06403 PLASTIC LAMINATE ARCHITECTURAL WOODWORK DIVISION 7 - THERMAL AND MOISTURE PROTECTION 07160 BITUMINOUS DAMPPROOFING 07190 VAPOR RETARDER 07210 BUILDING INSULATION 07223 ROOF INSULATION 07412 METAL WALL AND SOFFIT PANELS 0755\ MODIFIED BITUMINOUS SHEEl ROOFING 07610 METAL ROOFING 07620 SHEET METAL FLASHING AND TRIM 07650 FLEXIBLE FLASHING 07710 MANUFACTURED ROOF SPECIALITIES 07720 ROOF ACCESSORIES 07920 JOINT SEALANTS 6 6 2 2 2 3 ~2 5 8 3 2 7 8 3 ,..~ La Porte Fire Station Number 3 La Porte, TX RHA 0553 TABLE OF CONTENTS TS. 3 DIVISION 8 - DOORS AND WINDOWS 08110 STEEL DOORS AND FRAMES 08212 PLASTIC FACED DOORS 08311 ACCESS DOORS AND FRAMES 08361 SECTIONAL OVERHEAD DOORS 08411 ALUMINUM-FRAMED ENTRANCES AND STOREFRONTS 08520 ALUMINUM WINDOWS 08711 DOOR HARDWARE 08810 GLAZING 4 3 2 7 10 5 9 4 DIVISION 9 - FINISHES 09205 FURRING AND LATHING 09220 PORTLAND CEMENT PLASTER 09260 GYPSUM BOARD 09310 CERAMIC TILE 09512 ACOUSTICAL TILE CEILING 09660 RESILIENT TILE FLOORING 09678 RESILIENT WALL BASE AND ACCESSORIES 09912 PAINTING 3 3 5 9 3 3 3 5 DIVISION 10- SPECIALTIES 10160 METAL TOILET COMPARTMENTS 10200 LOUVERS AND VENTS 10522 FIRE EXTINGUISHERS, CABINETS AND ACCESSORIES 10801 TOILET ACCESSORIES 3 6 1 3 DIVISION 11 - EQUIPMENT 11451 RESIDENTIAL APPLIANCES 4 DIVISION 12 - FURNISHINGS 12491 HORIZONTAL LOUVER BLINDS DIVISION 13 - SPECIAL CONSTRUCTION NOT INCLUDED 5 DIVISION 14 - CONVEYING SYSTEMS NOT INCLUDED DIVISION 15 - MECHANICAL La Porte Fire Station Number 3 La Porte, TX RHA 0553 TABLE OF CONTENTS TB-4 15010 BASIC MATERIALS AND METHODS 15011 SUBMITTALS 15012 OPERATION AND MAINTENANCE MANUALS 15030 TESTING 15140 SUPPORTS AND ANCHORS 15190 MECHANICAL IDENTIFICATION 15242 VIBRATION ISOLATION 15260 PIPING INSULATION 15290 DUCTWORK INSULATION 15412 DOMESTIC WATER AND SANITARY DRAIN PIPING 15430 PLUMBING SPECIALTIES 15440 PLUMBING FIXTURES 15450 PLUMBING EQUIPMENT 15530 REFRIGERANT PIPING 15540 AIR COOLED CONDENSING UNITS 15550 DX AIR HANDLING UNITS 15860 FANS 15881 AIR DISTIBUTION EQUIPMENT 15885 AIR FILTERS 15890 DUCTWORK 15910 DUCTWORK ACCESSORIES 15951 CONTROLS 15990 TESTING, ADJUSTING, AND BALANCING 6 3 1 3 4 3 3 4 5 5 4 3 2 2 2 2 1 1 1 3 4 2 5 DIVISION 16 - ELECTRICAL 16010 BASIC MATERIALS AND METHODS 5 16011 SUBMITTALS 3 16012 OPERATION AND MAINTENANCE MANUALS 1 16053 ELECTRICAL SYSTEMS COORDINATION STUDY 2 16110 RACEWAYS 4 16120 WIRE, CABLE AND RELATED MATERIALS 3 16140 WIRING DEVICES 3 16180 EQUIPMENT WIRING SYSTEM 2 16190 SUPPORTING DEVICES 2 16195 ELECTRICAL IDENTIFICATION 1 16231 ELECTRICAL EMERGENCY-STANDBY POWER SYSTEMS GERERATOR SET (S) 9 16250 TRANSIENT VOLTAGE SURGE SUPPRESSION (TVSS) 4 16400 SERVICE AND DISTIBUTION 2 16413 AUTOMATIC TRANSFER SWITCHES 6 16420 ELECTRICAL SERVICE ENTRANCE '\ 16425 SWITCHBOARDS 3 16450 GROUNDING 2 16461 DRY TYPE TRANSFORMERS 3 16470 PANELBOARDS 4 16475 FUSES 2 16480 MOTORS AND STARTERS 3 16490 SAFETY AND DISCONNECT SWITCH 2 La Porte Fire Station Number 3 La Porte, TX RHA 0553 TABLE OF CONTENTS TB-5 16510 LIGHTING FIXTURES 16670 LIGHTNING PROTECTION SYSTEM 16740 TELEPHONE/DATA RACEWAY SYSTEM 16930 MISCELLANEOUS ELECTRICAL CONTROLS AND WIRING 5 2 1 3 SHEET COVER AOOO AOOI A002 CIVIL CI C2 C3 C4 C5 C6 C7 ARCHITECTURAL AlOO Al50 A200 A210 A220 A230 A250 A251 A300 A301 A310 A311 A312 A350 A351 A352 A400 A500 A600 A700 A701 A702 EXHIBIT "B" DRAWING INDEX TITLE INDEX CODE INFORMATION SUMMARY PARTITION TYPES & ASSEMBLIES SURVEY PAVING AND DRAINAGE PLAN UTILITY PLAN DETENTION PLAN DRAINAGE AREA MAP POLLUTION PREVENTION PLAN CIVIL DETAILS POLLUTION PREVENTION PLAN DETAILS SITE PLAN SITE PLAN DETAILS FLOOR PLAN & MEZZANINE PLAN REFLECTED CEILING PLAN & HIGH CEILING PLAN FINISH PLAN & MEZZANINE FINISH PLAN ENLARGED PLAN PLAN DETAILS PLAN DETAILS BUILDING ELEVATIONS BUILDING ELEVATIONS BUILDING SECTIONS BUILDING SECTIONS BUILDING SECTIONS SECTION DETAILS SECTION DETAILS SECTION DETAILS ROOF PLAN DOOR / WINDOW FRAMES & SCHEDULES LADDER SECTION & DETAILS INTERIOR ELEVATIONS INTERIOR ELEVATIONS MILL WORK SECTIONS SHEET STRUCTURAL Sl.l S2.1 S3.1 S3.2 S4.1 S4.2 S5.1 MECHANICAL MO.O Ml.O M1.1 M1.2 M1.3 M2.0 M3.0 ELECTRICAL EO.O El.O ELI E1.2 E2.1 E2.2 E3.0 E4.0 FIRE ALARM FAO.O FALl FA1.2 PLUMBING PO.O Pl.O P1.1 P1.2 P3.0 TITLE GENERAL NOTES ROOF FRAMING PLAN AND FOUNDATION PLAN FOUNDATION DETAILS FOUNDATION DETAILS TYP. STEEL DETAILS TYP. STEEL DETAILS MEZZANINE FRAMING PLAN AND TYP. DETAILS LEGENDS AND SPECIFICATIONS SITE PLAN MECHANICAL FLOOR PLAN MEZZANINE PLAN SANITARY PLAN SCHEDULES DETAILS LEGENDS AND SPECIFICATIONS SITE PLAN FIRST FLOOR LIGHTING PLAN MEZZANINE LIGHTING PLAN POWER PLAN MEZZANINE POWER PLAN ELECTRICAL RISER DIAGRAM DETAILS LEGENDS AND SPECIFICATIONS MECHANICAL FLOOR PLAN MEZZANINE PLAN LEGENDS AND SPECIFICATIONS SITE PLAN FIRST FLOOR SANITARY PLAN FIRST FLOOR WATER PLAN DETAILS AND SCHEDULES -+~i ~-f~f11 ~{)P(oJ (a 3/)7 JO~ REQUEST FOR CITY COUNCIL AGENDA ITEM. I Agenda Date Requested: March 27, 2006 (Tabled, March 13, 2(06) Requested By: Stephen L. Barr Appropriation Department: P Acc't Number: 015-9892-889-1100 032-0000-371-0105 Report: ...K.-Resolution: _Ordinance:_ Amount Budgeted: $79,000 Exhibits: Letters re: Texas Buy Board Prices Amount Requested: $57,950 Exhibits: Plavm-ound Report, Julv 8. 2000 Exhibits: 1- Memo to City Council, March 21, 2006 Bud eted Item: YES X NO X () e-uJ tv\-PO SUMMARY & RECOMMENDATION The attached Playground Standards Report that was approved by City Council in 2000, shows needs of $30-80k for annual playground replacement for parks in our system, and shows a schedule based on need for all of the parks in our park system We have been budgeting $27,000 annually for equipment, which includes approximately $18,000 for equipment, and $10,000 for fall material, concrete work, and a picnic shelter structure. The estimated cost for this year is approximately $28,000 due to cost increases in materials and equipment. This year during the budget process City Council authorized park playground and park service equipment purchases for the Park to Standards project at Pete Gilliam Park, Yz the park equipment for the recently acquired Spenwick Park, and in addition, Council has requested that we accelerate the purchase of equipment for a prq:>osed park in Park Zone 5. The City is using pricing through the Texas Buy Board, a method of purchasing where the competitive bids are obtained and approved through the State of Texas. The attached letters from May Recreation Equipment Company give the pricing for the total as well as individual costs for each item contemplated. The Miracle Equipment specified is the same equipment that we have used in our parks for the past several years. It is connnercial quality and is serviceable and durable. Spenwick Park: Council chose to fund Yz of the normal $27,000 ($14,000 was set aside) from its discretionary funds, for park equipment for Spenwick Park in the current year, with the rest to follow at a later date. The cost of Spenwick Park equipment exceeds the funds set aside for the project by $5,600. Adding this funding would allow the purchase of the standard equipment for this park and then, as planned, complete the concrete work, and shelter, in FY 06-07. Council may choose to include this equipment at this time by funding the difference, or a portion of the amount of the cost overrun can be deducted from the total bid, and we would purchase the modular play structure and border timbers only. Park Zone S park: This proposed park was not included in the FY 05-06 budget; however, funds in the amount of $38,261 are available iJ]. Park Zone 5 for park development that is earmarked for this purpose. The City is currently negotiating a SPARK Park with the LPISD at property the District owns at the intersection of "0" Street and Sens Road, and is purchasing the equipment in advance of an anticipated agreement with the District to service the needs of citizens in Park Zone 5. To provide for a standard park for this zone, staff proposes to purchase the standard equipment, along with other enhancements (ie. baseball backstop), the standard concrete work and picnic shelter, fall material, etc. In addition, at this park we would look at a connector sidewalk to the Spencer Landing subdivision along "0" Street, as well as a walking trail in the proposed park At this time we are gathering prices for sidewalk and trail; we currently do not know the footprint of the proposed school on this property so we don't know how much available space we will have for the park or exactly where it will be located When those things have been determined, staff will present to Council for consideration. Pete Gilliam Park: Council approved this CIP project in the FY05-06 budget based on the above mentioned Playground Standard Report. Another option that may be considered by Council is to defer the parks to standard improvements at Pete Gilliam Park in this fiscal year and pick it up in the following year. Council could also choose to delete it from the replacement list altogether. The savings in either case could then be applied to enhance the equipment for the proposed Zone 5 Park. This option would allow some additional equipment and infrastructure improvements for this proposed park over and above the standard park improvement package. Both Pete Gilliam Park and the proposed Park Zone 5 park are in Council District 4. If this option is exercised, the purchase of play equipment in this package would be reduced by $17,716; to approximately $39,234 (the original price includes a 10% discount for purchases of $50,000 or more). This figure will have to be confinned by the vendor, May Recreation Equipment Company. Staff reconnnends acceptance of the Texas Buy Board pricing from May Recreation Equipment Company in an amount to be determined by Council (up to $57,950) for play and park service equipment for Pete Gilliam Park, Spenwick Park, and Park Zone 5 Park according to the bid documents attached, if additional funding is approved Action Reauired bv Council: Consider award of Texas Buy Board bid to May Recreation Equipment Company for play and park service equipment for Pete Gilliam Park, Spenwick Park, and Park Zone 5 Park according to the bid documents attached, and according to Council detennination and funding approval. 3 ~~d -O(p Date Parks and Recreation Department Playground Standards Report July 8, 2000 Stephen L. Barr, Director 2 1. Historical Overview The Parks and Recreation Department is continuing to grow as the City of La Porte grows. In the past year we have added three parks to the parks inventory; Seabreeze Park, Dwire St. Park, and Pine Bluff Park. In the FY 1999-2000 Capital Improvement Budget, for the first time, we asked for a capital budget item to upgrade the play equipment and park service equipment at Tom Brown Park. The reasoning behind the request is that park service and play equipment life expectancy is in the 15-20 year range. With seventeen park areas and one undeveloped park site now in our inventory, it makes sense to have a standard replacement schedule of one park per year. That way, as a long-range strategy, we will have replaced our park service and play equipment at each park at about the time the equipment wears out. 2. Standardized Park Service and Playground Equipment It is safe to say that all parks have a need for some type of play equipment for young children, even if just to occupy their time while big brother or sister is playing soccer or baseball. In addition, there is a need at each park for park service equipment for picnics, barbecues, a place to sit and watch kids play and to collect the trash generated by these activities. Our goal, with the exception of Pine Bluff Park (due to its small size) is to provide equipment at each park in a standard configuration. Our standard - configuration includes the following minimum components (larger parks would increase the number of units provided): . One play apparatus as a modular component multi-level system made up of a minimum combination of twenty: modules, decks, transfer platforms, enclosures, bridges, and other equipment; connected so as to form a single structure. . One swing set with minimum 2 swing seats. . Two picnic tables on concrete slabs . One above-ground barbeque pit on concrete slab . Two park benches on concrete slabs . Two trash receptacles This configuration will provide a basic level of traditional park service for each of our park facilities. 3. Implementation As I mentioned above, the Parks and Recreation Department began the park service and playground standardization process this fiscal year with Tom Brown Park. The 3 equipment for Tom Brown is in the process of installation. We have several parks that have old wooden play structures that are nearing the end of their life expectancy. Both Creekmont and Lomax wooden play structures were removed last year and we still have wooden play structures at Little Cedar Bayou Park, Northwest Park, and 14th St. Park. We are considering the following priority list for future park service and play equipment upgrades (Northside Park is also in an interim status; there is additional work to be done to meet the standard at this park): 1. Creekmont Park FY 2000-2001 2. Lomax Park FY 2001-2002 3. Little Cedar Bayou Park FY 2002-2003 4. 14th St. Park FY 2003-2004 5. Northwest Park FY 2004-2005 6. Pete Gilliam Park FY 2005-2006 7. Pfeiffer Park FY 2006-2007 8. Ohio St. Park FY 2007-2008 9. Brookglen Park FY 2008-2009 10. Sylvan Beach Park FY 2009-2010 11. Dwire St. Park FY 2010-2011 12. Fairmont Park FY 2011-2012 13. Glen Meadows Park FY 2012-2013 14. Central Park FY 2013-2014 15. Northside Park FY 2014-2015 16. Seabreeze Park FY 2015-2016 17. Tom Brown Park FY 2016-2017 The proposed replacement schedule above would be adjusted for unexpected park service or playground needs, and as new parks are added to the inventory. Costs for this program will vary based on the size of the park and the number of units required. Staff estimates the cost will vary from $30,000 to $80,000 for each park installation. Of course there are other variables such as inflation and possible future changes in design requirements that may add to the cost of future installations. The intent is to provide a systematic and pragmatic approach for service provision that meets the recreation needs of the citizens of La Porte FROM MAY RECREATION From: 9038323402 Page: 1/1 Date: 12/8/20057:0725 AM PHONE NO. : 903 832 3402 Dec. 08 2005 07:4?~~ Pi - May Recreation Equipment Company 0: City of LaPorte Attention: Bert Clark (Via Fax: (281) 470-1361) ... - -- - - - -~"..- .a'.. . - -- ....... .. -~ - FROM: David May Miracle Recreation Equipment Company RE: Texas Buy Board Pricing DATE: December 8, 1005 ..............................-.......................................... PRICE: $57,950.00 This is your Texas Buy Board price plus an additional! 0% discount for volume over $50,000.00. This price includes the following: Ouantity Description 3 Modular Play Systems as Specified. 150 l' x 6' Timber BOrders with Stakes. 2 4-Seat Swings as Specified. 6 Standard Grills, Model #1104. 3 8' PVC Tables, Modyl #tI 18. 2 6' pye Benches, Ingr:ound, Model #1267. Freight to LaPorte, Texas is included. . ^~..-... #2 :Bent Tree Court Texarkana, Texas 75503 Phone: (903) 838-8871 Fax: (903) 832-3402 Toll Free: (800) 964-6301 12900 Walden Road. #624 Montgomery, Texa.<; 77356 Phone: (409) 582.1693 This fax was received by GFI F AXmaker fax server at the City of La Porte. FROM MAY RECREATION From, 9038323402 Page: 1/1 Date: 2/10/2006 7:28:17 AM PHONE NO. : 903 832 3402 Feb. 10 2005 08:05AM Pi May Recreation Equipment Company TO: FROM: RE; DATE: City of LaPorte Parks Department Attention: Steven Barr, Director (Via Fax: (281) 470-1361) David May Miracle Recreation Equipment Company Price per Park for Texas Buy Board Pricing Dated December 8, 2005 F ebrnary 10, 2006 ..........M........~....................................................a A. B. C. D. E. F. Modular Playstructure. each 50 Border Timbers 4-Seat Swing, each Standard Grill # 11 04, each 8" PVC Table #1118, each 6" PVC Bench #1267, each $14,336.00 $3,140.00 $920.00 $150.00 $600.00 $340.00 These prices include freight charge to LaPorte, Texas, but no installation or safety sutface. #2. Bent Tree CoUrt rexarkana, Texas 75503 Phone: (903) 838.8871 Fax: (903) 832-3402 Toll Frea: (800) 964--6301 This fax was received by GFI FAXmaker fax server at the City of La Porte It -.J ~ 'CXI '1J I(f):r: CXlea -.JOa ofTlz I {JI _ ",> I L TOP VIEW SCALE: 1"= 5' -0" (2)CHINNING BARS W!POSTS 718-843 ;;;i :::c -.J~ -,,0 CXI> ,r CXlr -";p. {JIo o (T1 I.l'l :::c ~ ';p j1- ~ \ CJ. tSl \~ 6J,~ ~ WIRE MESH PANEL 718-816-1 WIRE MESH PANEL 718-816-1 wOl "', 90 0:::" lDOl 5~ ~'" 0:::- ~\ <( f' ~% ~~ ~-;.. '?~ ~ .'P~ j(l ~1- \ <' ~l1 IJ'<::) ~ Z 01 o Il'J -wi (f)C)an ZolJ':) W-co 0.0:::1 (filII co ::) - Vl " BUBBLE PANEL 718-875 SPIDFR Cl ~M8E~ 718-908 TRANSFER POINT W!OPN HNDRL 718-965-359 PAGE 3 OF 5 wan 9, ....lea (f)N -I" ::::>1 ",co a- ~" Wi of' -0 ...Jm UJ1 lco ...J_ f' 559148 City of La Porte Interoffice Memorandum From: Stephen L. Barr, Director of Par March 21, 2006 To: Mayor and City Council Through: John Joems, Assistant City Meeting Summary, Possible Park Zone 5 Park Yesterday afternoon Mayor Porter, Councilman Moser, and I met with representatives of the Spencer Landing Homeowner's Association regarding the upcoming play equipment purchase for a proposed Park Zone 5 Park. The following is a summary of the discussions th!took place. Items Discussed ~~ ~ . Discussion of possible joint venture SPARK parllon roperty owned by the LPISD at the intersection of Sens Road and "0" Street. - IX . Further discussion of possible joint venture with SLHOA to install play equipment on property owned by SLHOA, equipment to be maintained by the City of La Porte. . No decision reached on above possibilities, pending further information from LPISD and City of La Porte (see below). · Discussed possible temporary parking at LPISD SPARK park, will not be considered due to high cost. . Discussed repair of existing sidewalk along portion of "0" Street, and extension to proposed SPARK park. . Discussed possible culvert sizing and possible retention of water along "0" Street ditches if SPARK park is chosen. · Discussed possible dirt work; topographic survey of property to determine what, if any work would be needed for the SPARK park. · Discussed higher cost of play equipment from last year's purchase of similar equipment. · Proposal to go ahead and submit the purchase of play equipment to City Council for consideration, to be placed at either of the above locations after a decision is made. · Discussed deferring purchase and installation of play equipment at Pete Gilliam Park until survey of usage or additional information can be evaluated or, the possibility of using funds earmarked for Pete Gilliam Park in this fiscal year, for improvements to SPARK park project (these funds would not be available for use in the property owned by SLHOA). This information to be presented to City Council for consideration as a part of the playground purchase item. On Monday, March 27th. Information Requested · SLHOA would like to see the site overlay showing available space for the proposed SPARK park as soon as it is available from LPISD. Page1of2 · SLHOA would like the City to get an estimate of the cost of dirt work for the Detention area at Spencer Landing, to channelize the bottom, and to add and shape fill to place the proposed play equipment. · SLHOA would like to know the right-of-way width of "0" Street. · If the SPARK park is chosen, SLHOA would like protection (i.e. right of first refusal) should LPISD choose to sell their property and not build a school on the site. · SLHOA would like information on accessibility of SPARK park for parents during school hours. I will be working with staff to provide information to Mr. Wise of the SLHOA as it becomes available. Page2of2 1",,- 1'- REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested Requested By: Martha Appropriation Source of Funds: Department: Account Number: Report: X Resolution: Ordinance: Amount Budgeted: Amount Requested: Exhibits: Attachment A Budgeted Item: YES NO Exhibits: Coding Filet Sheet SUMMARY & RECOMMENDATION Friday, March 17,2006, I received a phone call from the City of Shoreacres advising Harris County did not have equipment available for them to use in the upcoming school district election. Harris County advised Shoreacres the City of La Porte would be tabulating their election results. The school district has separate contracts with both Shoreacres and Morgan's Point. A meeting was held between all entities and a conference call was made to Harris County. It was determined we could code each entity separately and all tabulation could be completed at the City of La Porte Central Counting Station. Since Shoreacreas and Morgan's Point are cancelling their General Elections, and we already have a contract with the school district there is no need for contractual changes. We will bill the school district for their portion as outlined in our existing contract. Due to the lack of equipment, staff recommends the City of La Porte tabulate all election results for La Porte Independent School District including boundaries of Shore acres and Morgan's Point. Upon the completion of this election, staff recommends meeting with all entities to determine future needs. Action Reauired bv Council: Provide staff approval to expand election duties to include Morgan's PointlShoreacres/La Porte Independent School District Joint Election for May 13, 2006 and discuss possible joint elections with all three cities in the future.. _ -1-- c~(;) - 0 G, Date Delivery - Election Fact Sheet (Full) Entity Name: City of La Porte Election Date: Mav 13. 2006 Election Title: City of La Porte and La Porte Independent School District Joint General Election City of La Porte Special Sales Tax Election_ Contact: Martha A. Gillett Ph:281-470-5019 email: gillettm(a2laoortetx.g:ov Fax.: 281-470-5009 Address: 604 W. Fairmont Pkwv. City: La Porte Zip 77571 Emergency Contact: Martha A. Gillett Phone _281-507-8723 cell_ Delivery - Early Voting by Personal Appearance Equipment Total number oflocations: 3 Total number of Mobile Sets: Should all equipment be delivered to one location? Yes / No If Yes, what location? NO If NO how many delivery locations (including mobile sets): 3 REQUESTED Delivery Date & Time: Flexible - please call to schedule Delivery - Election Day Equipment Should all equipment be delivered to one location? No If Yes, what location? NO If NO how many delivery locations :No 5 locations REQUESTED Delivery Date & Time: Flexible - please call Support Will you be requesting On Site Election Day Support? - YES Will you be requesting Election Night Tally Support? YES Delivery - Logic & Accuracy Tests L & A delivery date and time: Flexible please call @ a.m. / p.m. Date and time of first L & A: flexible please call @ a.m. / p.m. Is L & A Support being requested? YES NOTE: Dates & Times for delivery & support are not final until confirmation has been received from tbe Election Tecbnology Center. Delivery - Mail and Sample Ballots Mail Ballots English/Spanish Ballots needed EngIish/Vietnamese Ballots needed IS Sample Ballots English/Spanish Sample Ballots Needed English/Vietnamese Sample Ballots Needed 12 ETC Delivery and Support, Contact Debbie Worcester or Bryan Schouten 281-447-2973 Elections Department, Contact Pam Krischke 713-755- 5792 Mail and Sample Ballots, Contact Carl Stonecipher. 713-755-5792 Return to Harris County Elections Department no later than March 14,2006. # of JBe's # of eSlates' #ofDAU~s' , 2 2 2 District 8 - LPISD Onl Below is a sample of how to list your Election Day locations and equipment allocations. EI D P II' PI I fi f ecbon ay 0 Inl?; ace n orma Ion " - .....-.".. .'......', ,,' ','Precinct, ,. ".... .,"--', -, ..'. ,'.....Eie~tio~I>ay PoJlli.g ~citioD ,c", -..;.,.. .... ,_"'_ -.- ...., .. _' .... .... ...... n_...... '_,_ ._..'__,_'_' #ofeSiattlS ..# ofDAU~1i NameINo;'. .< SiJJ.gIeMeDtb~I'DistriCt.. . # of JBe's . "",'> .... '.,,' ,>",., '-, .... - .. Baker Sixth Grade Campus (Entry Area) Districts 1,2,3 District 1, 2 and 3 and 6 6000 West Main (W .Main@Underwood) and 6 2 3 1 La Porte, Texas 77571 La Porte High School Student Center 301 E. Fairmont Parkway Districts 4 & 5 District 4 and 5 2 2 1 La Porte, Texas 77571 College Park Elementary (Foyer) 4315 Luella District 7 District 7 2 1 1 Deer Park, Texas 77536 Shoreacres City Hall 601 Shoreacres Blvd. District 8 District 8 2 1 1 Shoreacres, Texas 77571 Morgan's Point City Hall 1415 East Main Street District 9 District 9 2 1 1 Morgan's Point, Texas 77571 Below is a sample of how to list your Contest Names and candidates or issues. Also please indicate whether At-Large or Single Member District Contest. Ballot Language '" ...'." 'ji . ". <:,T.. f~ " Singl.~/..... ,'... .... ,'. '", ii'....,'..'..,:)(.,.:,,:,:; '. ","'y.>>>>>"'" I,.'.'i;;j~ '.' ':"':~~~~~~i ... . ,':'.;', 'ir,...'.":" \..L, ::> .'. Member" f .'V>>.>' ...'....:.....,...yx .'.':'.' ;:""':.-"u" :,::\. "i .. District 'N~irielNJ)i:. : ,,' .. Contest Name (Race Title)~ Mayor Yes 1, 2, 3, 4, Baker Sixth 5, & 6 Grade Campus and La Porte High School Student Center Candidate Ballot Position 17 Alton E. Porter 7 7 Contest Name (Race Title)7 Councilmember, District 2 No 2 Baker Sixth Grade Campus Candidate Ballot Position 17 Chuck Engelken Jr. Contest Name (Race Title)7 CouDcilmember, District 3 No 3 Baker Sixth Grade Return to Harris County Elections Department no later than March 14, 2006. Campus Candidate Ballot Position 17 Howard R. Ebow 7 Contest Name (Race Title)7 Trustee, Position 3 Yes 1,2,3,4, College Park 5, 6, 7 8 & Elementary, 9 Baker Sixth Grade Campus, La Porte High School Student Center, Morgan's Point City Hall and Shoreacres City Hall Candidate Ballot Position 17 Paula Bridges Yes 1,2,3,4, 5, College Park 6, 7, 8 & 9 Elementary, Baker Sixth Grade Campus, La Porte High School Student Center, Morgan's Point City Hall and Shoreacres City Hall Candidate Ballot Position 27 Craig Hulcy Yes 1,2,3,4,5, College Park 6, 7" 8 & 9 Elementary, Baker Sixth Grade Campus, La Porte High School Student Center, Morgan's Point City Hall and Shoreacres City Hall Candidate Ballot Position 3 Michael Joe Thannisch Yes 1,2,3,4,5, College Park 6, 7" 8 & 9 Elementary, Baker Sixth Grade Campus, La Porte High School Student Center, Morgan's Point City Hall and Shoreacres City Hall Return to Harris County Elections Department no later than March 14,2006. Contest Name (Race Title) Trustee, Position 4 Yes 1,2,3,4, College Park 5,6, 7, 8 & Elementary, 9 Baker Sixth Grade Campus, La Porte High School Student Center, Morgan's Point City Hall and Shoreacres City Hall Candidate Ballot Position 1 Gene Horn Yes 1,2,3,4, College Park 5,6, 7, 8 & Elementary, 9 Baker Sixth Grade Campus, La Porte High School Student Center, Morgan's Point City Hall and Shoreacres City Hall Contest Name (Race Title) Trustee, Position 5 Yes College Park Elementary, Baker Sixth Grade Campus, La Porte High School Student Center, Morgan's Point City Hall and Shoreacres City Hall Candidate Ballot Position 1 Edward Matuszak Yes 1,2,3, College Park 4,5,6,7, Elementary, 8,&9 Baker Sixth Grade Campus, La Porte High School Student Center, Morgan's Point City Hall and Shoreacres City Hall Return to Harris County Elections Department no later than March 14, 2006. Contest Name (Race Title)~ Proposition 1 Adoption of a Yes 1,2,3,4,5 & Baker Sixth Local Sales and Use Tax in the 6 Grade City of La Porte at the rate of Campus and one-fourth of one percent to La Porte provide revenue for High School maintenance and repair of Student municipal streets Center. Ballot Position 17 For Ballot Position 27 Aeainst If your entity is interested in on-site eSlate training please email Pam Kriscbke at pkriscbke@hcco.hctx.net with the proposed location. Please note the minimum number of attendees is 20. Maximum number of attendees is 40 and classes are subject to inspection of the proposed site. Entities may want to join together at one site to meet the minimum and maximum requirements for an on-site training class. Return to HalTis County Elections Department no later than March 14, 2006. ,- fi- REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: March 27. 2006 Appropriation Requested By: Susan Kelley, Purchasing Manager Source of Funds: Crystal Scott, Asst. to the City Manager Account Number: Department: Administration Amount Budgeted: Report: Resolution: Ordinance: Amount Requested: Powerpoint Presentation Budgeted Item: Exhibits: Exhibits: SUMMARY & RECOMMENDATION Siemens Building Technology made a presentation to City Council at the February 13 meeting. City Council requested some additional information on the presentation. Siemens is making another presentation to City Council to clarify some concerns of City Council. The City has been exploring ways to cut energy costs and comply with SB 5. This bill requires political subdivisions to do 3 things. (1) Undertake all cost effective energy efficiency projects on existing facilities that will result in a reduction in the use of electricity. (2) Establish a goal to reduce their electrical consumption by 5% a year for 5 years; and (3) Annually report to State Energy Conservation Office (SECO) on results and the progress oftheir efforts. Siemens Building Technologies, Inc. can assist with compliance of this bill. In addition to helping the City comply with SB 5, Siemens can assist the City in other areas of energy efficiency. Staff has been exploring with Siemens funding options for energy efficiency and other capital projects using Performance Solutions and possible contracting on HV AC maintenance. This program would save the City money in energy costs, offer special funding options to pay for the upgrades, and help staff with HV AC issues. Action Required bv Council: Receive report from Siemens Building Technologies, Inc.. 3-.~-V~ Date City of La Porte Interoffice Memorandum To: Debra Brooks FeazeUe, City Manager From: Crystal Scott, Assistant to the City Manager Date: March 21, 2006 Subject: Energy Conservation Proposal Since the City Council meeting on February 13 Susan Kelley and I have met with Chad Nobles on Councilman Clausen's concerns about performance contracting. Chad has provided Susan and I with the names of several references that are currently doing business with Siemens. City of Bellaire The City of Bellaire does not have a performance contract with Siemens. Their City tabled this agreement because they were about to hold a bond election. The Facility Manager for Bellaire will propose performance contracting to the Council again in the near future. Bellaire does have a preventative maintenance contract with Siemens. Siemens basically provides routine maintenance on their equipment. Bellaire has been able to replace a few of their worst equipment through their ClP program. Bellaire can not afford to enter into a comprehensive contract with Siemens due to a great number of their equipment being old. City of Bedford The City of Bedford has done some extensive work with Siemens through Performance Contracting. Using Performance Contracting, the City of Bedford has been able to replace lots of water fixtures to the more efficient type, retrofitted signals from standard to LED, replaced ballasts and light bulbs, and install an energy management system in City Hall that controls the City facilities. The next phase for Bedford is the replacement of 41 AlC units to new high efficient units with 10 year warranties. Bedford has met the requirements ofSB 5. The State Energy Conservation Office (SECO) has informed Bedford they will not be required to report next year because they have reduced their electrical consumption by 10%. Bedford currently has a comprehensive contract with Siemens for their law enforcement center. Since entering into a comprehensive contract with Siemens, Bedford has reduced their service calls to the law enforcement center by 80%. They will be going out for bid soon and hope to have a comprehensive contract with Siemens for all their facilities. Bedford has made all these accomplishments in 1 year. Other entities such City of DeSoto, Collin County, and City ofConroe have a performance contract with Siemens. University of Texas at Arlington has an energy management contract with Siemens. Enclosures DBF:cns Scott, Crystal From: Sent: To: Subject: Scott, Crystal Monday, February 27,20069:26 AM Feazelle, Debra; Joerns, John; Alexander, Cynthia; Kelley, Susan FW: Conroe: city to get $7 million+ in energy-related improvements - including 11,000 water meters - that will not cost it a dime Crystal N. Scott Assistant to the City Manager City of La Porte 604 West Fairmont Parkway La Porte, Texas 77571 (281) 470-5014 (office) (281) 842-1259 (fax) -----Original Message----- From: Lewis F. McLain, Jr. [mailto:news@citybase.net] Sent: Monday, February 27, 2006 6:49 AM To: Scott, Crystal Subject: Conroe: city to get $7 million+ in energy-related improvements - including 11,000 water meters - that will not cost it a dime Con roe signs contract with Siemens By: Howard Roden, Conroe Courier staff 02/24/2006 The city of Conroe will receive more than $7 million in energy-related improvements including the installation of more than 11,000 state-of-the-art water meters - that won't cost it a dime. And that's guaranteed. The City Council entered into a performance based contract with Siemens Building Technologies Thursday that should result in annual energy-related savings for the city between $750,000-$850,000 over a 15-year period. However, if the savings don't materialize, Siemens has contractually agreed to make up any shortfalls, so the city is off the hook for repaying the cost of the improvements, according to company representative Chad Nobles of Houston. The city, in fact, is forecast to net at least $360,000 by the end of those 15 years. "And that's a worse-case scenario," Nobles said. The contract is a result of a full energy audit approved by the City Council in November and conducted by Siemens. The purpose of the audit was to help find ways to reduce facility operating costs and help reach the state-mandated requirement that municipalities and counties achieve a 25-percent reduction in overall energy usage. Siemens implement the improvements over the next 12 months. While more than $2.5 million will be spent on water and wastewater plant upgrades, approximately $3.8 million will go to the installation of water meters equipped with radio transmitters. That bit of technology will allow a single city employee, driving in a truck with the appropriate equipment, to read all the meters within the city in less than two days, Nobles said. "Right now it takes five employees about a month to accomplish the same thing," he said. Nobles said a reduction in the public works staff could be achieved through attrition. 1 Mayor Pro-Team Duke Coon hailed the project, saying it would save the city a "tremendous amount of money." He did not foresee a problem with installing or operating the high-tech water meters. "They (Siemens) have had a great deal of success with a number of cities in North Texas," Coon said. Councilman Pat George said the performance-based contract with Siemens was a "win-win" situation that allowed Conroe to upgrade its facilities and "recoup our money from it." Other improvements Siemens will implement include a retrofit of interior lighting in all buildings' and replacement and upgrades to heating and air conditioning in the Conroe Tower, Recreation Center and the Firearms Training Center. The company also will retrofit all of the downtown street lighting from 400 watts to 200 watts. The light level would still be three times what is required, Nobles. Siemens will conduct a yearly audit to confirm the fiscal savings to the city, he said. Contract: The council approved a contract for election services with the Montgomery County Elections office for the city's May 13 general election. Bids: The council approved a $197,983 contract with Diamond Commercial Construction, Inc., for the construction of a records storage building. Diamond will construct a 3,000 square- foot metal building. The council also approved a $54,000 contract with North Water District Laboratory Services to provide testing for the city's Industrial Pretreatment Program and other water quality assessments required by the Environmental Protection Agency and the Texas Commission on Environmental Quality. 2 Scott, Crystal From: Sent: To: Subject: Scott, Crystal Monday, March 20,20069:38 AM Feazelle, Debra; Joerns, John; Alexander, Cynthia; Kelley, Susan FW: Bedford: energy work may bring extra $191,000 price tag Crystal N. Scott Assistant to the City Manager City of La Porte 604 West Fairmont Parkway La Porte, Texas 77571 (281) 470-5014 (office) (281) 842-1259 (fax) -----Original Message----- From: Lewis F. McLain, Jr. [mailto:news@citybase.net] Sent: Sunday, March 19, 2006 11:04 AM To: Scott, Crystal Subject: Bedford: energy work may bring extra $191,000 price tag on Sun, Mar. 19, 2006 Energy work may bring extra $191,000 price tag Fort Worth Star Telegraph By JESSICA DELE6N Star-Telegram Staff WriterThe city may need to amend its budget by $191,000 for additions to an energy-conservation program that includes the replacement of 42 air conditioning units. At Tuesday's meeting, the City Council heard a report that updated the city's contract with Siemens Building Technologies, which is performing energy conservation and improvement measures. By February, Siemens had completed all tasks -- such as retrofitting lights at city facilities -- except heating, ventilation and air conditioning. Under the proposal, the city could replace 42 of its 110 HVAC units that are failing or are past their useful life. But Councilman Charles Orean said he was not convinced it was necessary, saying that some units had not completed their 10-year lifespan and should not be replaced yet. The council could vote on amending the budget at a future meeting. Filing raises questions Also at the meeting, resident Charles Doverspike questioned why City Councilman Jim Griffin has not turned in his resignation after filing to run for mayor in the May election. But city attorney Stan Lowry said that Griffin's filing for mayor serves as his resignation and that Griffin can still vote as a councilman. He said the practice is common among elected officials. "The key is they are still in that seat until someone else is duly elected and sworn into that position," Lowry said in an interview Thursday. In other action, the council awarded the McDonalds at Harwood and Texas 121 the Bedford Beautification Commission's Overall Appearance certificate of recognition. 1 City of DeSoto 211 E. Pleasant Run Road DeSoto, TX 75115 Needs: Aging infrastructure and the resulting equipment maintenance costs provided opportunities to implement measures for energy and conservation, based both on HV AC efficiency improvements as well as demand reduction. Also included in the scope was a renegotiation of contract electric rates. Siemens provided turnkey engineering and construction (design-build), and performance assurance services as well as operations support. Conservation opportunities Implemented: · Thermal Energy Storage · Lighting Upgrades · Installation ofVFDs The benefits included: · Improved comfort · Single source accountability · Improved life cycle of central plant · Turnkey design/construction, M&V · Contracting method: Guaranteed Energy Savings · Contract Amount: $2.08M · Current Status: Completion Summer '04 · Guaranteed Annual Savings: $347,693 · Term: 10 Years As a courtesy to our customers, we ask that you please contact the Siemens Representative for this project prior to contacting the customer. Thank you. Siemens' Project Representative: Barry Whaley (972) 550-8488 Lynda Humble (972) 230-9612 Customer Contact: 2 3 4 5 6 RFQ RFP issued Project Scope Defined . Detailed Study Preliminary Approval Partner Selected Final Approval 7 ];!h:ain!i!1( Youl 8 12 .4 Special Supplement CUUIlT)' Environmental Reporter November 26, 2001 'Performance Contracting' - A Ready Solution By CHUCK HALL SIEMENS BUILDING TECHNOLOGIES It not only can be done, it is being done. And, most important, many are predicting it will become the key to sustainability for every county gov- ernment in the United States. The concept of Performance Con- tracting, or "PC," has lain dormant among most counties for decades pri- marily because its methodology and application were misunderstood. Per- formance contracting provides public entities with a means ofleveraging the equity that is locked up in their assets to make energy and other infrastruc- ture improvements, all without tap- ping cash or raising funds. In most public infrastructure improvement cases where there was no capital avail- able, PC was the sole means of getting the job done. In other public and private sectors, the PC has proven itself as the primary delivery agent in freeing up hidden capital to fund much needed efficiency and service improvements for aging county facilities. Here are a few se- crets on how to steer your county into a veritable gold mine of accessible, risk-free funding for those sorely needed improvements. In these times of shrinking bud- gets and mounting constituent scru- tiny, county officials have a more difficult task than ever in meeting the challenges of sustain ability. Butthere are a few 'pioneers' just beginning to wake up to an old and often over- looked solution to infrastructure im- provement that breaks the vicious cycle of budget constraints. These visionaries are benefiting their re- spective county constituents immea- surably by discovering innovative ways to finance projects without af- fecting existing budgets. Anyone who is concerned about their county's quality of services to constituents is well aware of the chal- lenges in preserving and maintaining their buildings. Courthouses, recre- ational, law enforcement and other public service facilities have relent- less needs to be kept in top physical and aesthetic condition. Unfortu- nately, in most cases, it is a frustrating and often neglected discipline that adds to the nation's mounting statis- tics of deferred maintenance. Equally important, everyone in- volved with county government un- derstands that aging infrastructures - facility HV AC and lighting sys- tems, street lighting and water and sewage systems, etc.- all pose sig- nificant opportunities for conserva- tion and savings, ifthe capital is avail- able to fund the improvements. So why isn't every county in America working on a PC? The rea- sons are due largely to a basic misun- derstanding of how PC is structured and applied. PC structure Not designed as a "quick-fix" scheme, PC was originally created as a solution exclusively for energy effi- ciency initiatives for those public enti- ties that found it difficult or impossible to fund such projects otherwise. However, since its origin, the PC has evolved and been reshaped to in- clude energy and operational efficien- cies that reduce the costs associated with operating a public entity. This is a critical distinction of which some county officials are still not aware. The first PC was authorized by the Ohio State Legislature in the 1980s when the state created its landmark House Bill 264. Since then, virtually every state has followed suit to enable public entities such as counties, K -12 schools and other state agencies to negotiate a resolution for their own issues of asset waste. Most recently, this issue has become known as "sustainability,"which by today' s stan- dards translates into continuous infra- structure renewal. Redefining the PC Essentially, performance con- tracting has emerged as a key deliv- ery agent for sustainability. By its latest definition, PC is a contract that guarantees performance for not only public entities, but also for industry, healthcare and higher education as well. The PC provides operational equipmentupgrades and replacements by an energy services company with- out upfront cash expenditures. The PC is self-funding, in that the im- proved efficiencies and resulting sav- ings pay for the project throughout the contract's term. Therefore, under a PC, a county would simply redirect funds from sav- ings to meet proj ect payments as they come due. The service provider handles the financing and assumes all of the risk; if the guaranteed savings fall short, the provider makes up the difference. As a simple way of redefining the PC in terms that relate to sustainability, I use the acronym PRP, which stands for procurement (of services), resto- ration (of facilities and infrastruc- ture) and partnering (with a reliable service provider). As a means of procurement, the PC is a methodology of financing a capital improvement project out of a county's operating budget. The pro- curement aspect, in its simplest terms, means that the PC must fmd ways to reduce energy and operational waste, recommend ways to effect the sav- ings, then finance or "procure" the funds necessary to pay for the im- provement measures using the future savings as collateral. This aspect is accomplished through the Request for Qualifications (RFQ) or the Request for Proposal (RFP) process. The procurement as- pect frees the county from the finan- cial risk and from the burden ofhaving to go to the taxpayers for more money. The three most important aspects of a performance contract are: pro- curement, restoration and partnering. As a means of restoration, PC is a county's mechanism for exciting, new facility and technology infrastructure modernization and upgrades. Cer- tainly, energy-related projects are in- cluded, such as building automation and control for "smart buildings," energy conservation and energy cost reduction. But it can and often does include other operational cost reduc- tion, structural and productivity im- provements, fire alarm/life safety and security systems, utility cost manage- ment and water management, and even construction of new power plants. The extent to which your county chooses to use a PC can be governed by both need and imagina- tion. (See sidebar: "The Many Facets ofToday's Pc.") As a means of partnering, PC establishes a relationship with a reli- able and competent service provider that is based on mutual accountabil- ity. The relationship provides the county with single-source responsi- bilities for the procurement, restora- tion and completion of the project, which can be of significant value to the county participants. When formed properly, the rela- tionship allows the county officials to focus on what they do best: pay atten- tion to the constituents while the sup- plier tends to the myriad details. For therelationshiptoworkitsmagic, both parties must commit to defining the county's business obj ectives and must remain fixed on achieving them. Cure for the 'vicious c~c1e' The concept of PC may sound too good to be true, which may be another reason why it hasn't caught fire among county officials in the past Those same officials were caught up in the vicious cycle of county government wherein revenues diminished while costs con- tinued to escalate. In addition, routine maintenance and other facility-care disciplines were being deferred at alarming rates in an effort to make up for the shortfall in operating budgets. Statistics show local governments in the United States spent more than $11 billion last year on energy to run their office buildings, public spaces and street lighting. Nearly 30 percent, or $3.4 billion, is wasted unnecessar- ilyin the operationofinefficientequip- men!. In most cases, energy expenses in public buildings are second only to salaries. Bysimplyimplementing stra- tegic energy conservation measures and maintenance programs, and by tracking energy consumption, coun- ties can significantly reduce opera- tional costs and utility bills. There is yet another threat loom- ing for county officials that affects operating budgets significantly and where a PC can serve as a valuable tool: electric utility deregulation. As a relatively large utilities consumer, a county government in- curs large bills for operating bud- gets and fleets. Therefore, the pro- curement of energy itself can be a major cost-saving component of a PC when left to competent, unbi- ased experts. Energy procurement, more than any other discipline, needs to be care- fully and continually managed for each type of utility resource, whether it's electricity, natural gas, fuel oil or steam. Certainly, one of the riskiest and most terrifying aspects of the emerg- ing, deregulated energy markets in- volves what the average county offi- cial doesn't know. There is a bur- geoning, new industry ofknowledge that demands constant attention to details. The county officials with whom I have come into contact have neither the time nor the knowledge to compete effectively in this arena. For them, a worthwhile PC would achieve utility cost savings that are higher than the market returns for similar organizations that have no utility re- source management, or URM func- tion, in place. In essence, a URM component of the PC provides the critical sup- ply-side competency that compli- ments the PC's demand-side initia- t4les. It's a one-two punch that gives the county considerable clout in the new, competitive energy procure- ment marketplace. Conclusion PC can be the key to sustainability for every county in the United States. The benefits are many. It can allow much-needed capital improvements to be made within the existing bud- gets while freeing uptime and money, which can be better spent on con- stituents. Performance of the PC is guaranteed, which ensures account- ability of the results. Your budgets are controlled via reduced expendi- tures. Y our county will be better able to accommodate facility changes with less time spent trying to find funding sources. Best of all, your county taxpayers won't be bothered by new taxes and can enjoy higher levels of comfort, safety and aesthet- ics right along with energy and re- source conservation. (Charles "Chuck" Hall is a se- nior manager for Performance Con- tracting in North America for Si- emens Building Technologies. The company is headquartered in Buf- falo Grove. Ill.. a Chicago suburb. He may be reached for questions at (847) 941-5772.) I The Many Facets of To day's PC I Today's performance contract for connty government can cover considerable gronnd in terms of improvements for yonr connty's facilities. The extent to which your county chooses to use a PC can be governed by both need and imagination. Here are a number of examples of services and improvements that could be included in your county's performance contract: . administrative services . capital improvements . compliance aud regulatory requirements . computers and computer networks . electrical systems . energy consulting and URVI services . energy control and management systems . energy recovery systems . fire alarmlIife safety systems . HV AC equipment . insulation . inventory control and reduction . lighting equipment and retrofits . mechanical contracts and services . repairs and maintenance . security systems . service agreements . voice, data and video communications systems . waste disposal and management . water conservation and treatment, and . windows and doors. - -------.-----.--"---.-- ') ru 0 (j c--!10AJ'1a Lpu j)J 1 /D f ORDINANCE NO. 2006-JkJ3. A AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDED EMPLOYMENT AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE CITY MANAGER OF THE CITY OF LA PORTE, MAlCING 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 an amended Employment Agreement with Debra Brooks Feazelle as City Manager of the City of La Porte, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The Mayor is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this ____ day of ATTEST: Martha A. Gillett city Secretary APPROVED: L1fI-r Ilat~ Cr. Ask1.ns City Attorney By: CITY OF LA PORTE , 2006. Alton E. Porter, Mayor 2 NO f+(TiOA/ TJ4tEt.( 3/ ~ 1 j(){;, EMPLOYMENT AGREEMENT This Agreement, made and entered into , 2006, by and between the City of La Porte, State of Texas, a municipal corporation, hereinafter called "Employer" as party of the first part, and Debra Brooks Feazelle, hereinafter called "Employee" as party of the second part, both of whom understand as follows: WITNESSETH: Whereas, Employer desires to employ the services of said Debra Brooks Feazelle as provided by La Porte City Charter; and' WHEREAS, it is the desire of the Governing Board, hereinafter called "Council", to provide certain benefits, establish certain conditions of employment, and to set working conditions of said Employee; and WHEREAS, it is the desire of council to: (1) secure and retain the services of Employee and to provide inducement for her to remain in such employment; (2) to make possible full work productivity by assuring Employee's moral and peace of mind with respect to future security; (3) to act as a deterrent against malfeasance or dishonesty for personal gain on the part of Employee; and (4) to provide a just means for terminating Employee's services at such time as she may be unable to fully discharge her duties due to age or disability or when Employer may otherwise desire to terminate her employ; and WHEREAS, Debra Brooks Feazelle desires to accept employment as City Manager of said City. NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1. Duties Employer hereby agrees to employ said Debra Brooks Feazelle as City Manager of said Employer to perform the functions and duties specified in said La Porte City Charter and to perform other legally permissible and proper duties and functions as the Council shall from time to time assign. Section 2. Term A. Employee agrees to remain in the exclusive employ of Employer until , _, and neither to accept other employment nor to become employed by any other employer until said termination date, unless said termination date is affected as hereinafter provided. The term "employed" shall not be construed to include occasional teaching, writing, consulting or military reserve service performed on Employee's time off. B. In the event written notice is not given by either party to this Agreement to the other ninety (90) days prior to the termination date as herein proved, this Agreement shall be extended on the same terms and on conditions as herein provided, all for an additional period of one (1) year. Said Agreement shall continue thereafter for one (1) year periods unless either party hereto gives ninety (90) days' written notice to the other party that the party does not wish to extend this Agreement for an additional one (1) year term. Section 3. Termination and Severance Pay A. Pursuant to the provisions of Section 3.01(b) of the Home Rule Charter of the City of La Porte, the City Manager may be appointed and removed at the will and pleasure of the City Council by a vote of the majority of the entire City Council. In the event Employee is terminated by the Council before expiration of the aforesaid term of employment and during such time that Employee is willing and able to perform her duties under this Agreement, then and in that event Employer agrees to pay Employment as severance pay and liquidated damages, eight (8) weeks' salary and benefits, payable in installments over Employer's normal pay periods. In the event Employee secures other employment during such eight (8) week period, the amount of such salary payments shall be reduced by the amount of salary payment received by Employee from such new employment. In the event Employee is terminated by Council for cause, as defined in the current edition of the City of La Porte Employee Policies Handbook, Employer shall have no obligation to pay the severance pay and liquidated damages designated in this paragraph. However, Employee shall be compensated for any accrued sick leave, holiday, and other accrued benefits. B. In the event Employer at any time during the term of this Agreement reduces the salary or other financial benefits of Employee in a greater percentage than an applicable across-the-board reduction for all employees of Employer, or the Employee resigns following a suggestion whether formal or informal, by the Council that she resign, then, in that event Employee may, at her option, be deemed to be "terminated" at the date of such reduction or such refusal to comply within the meaning and context of the herein severance pay provision. C. In the event Employee voluntarily resigns her position with Employer before expiration of the aforesaid term of his employment, then Employee shall give Employer thirty (30) days notice in advance, unless the parties otherwise agree. Section 4. Disability If Employee is permanently disabled or is otherwise unable to perform her duties because of sickness, accident, injury, mental incapacity or health for a period of four successive weeks beyond any accrued sick leave, or for twenty (20) working days over a thirty (30) working day period, Employer shall have the option to terminate this Agreement subject to the severance pay requirements of Section 3, paragraph A. However, Employee shall be compensated for any accrued sick leave, vacation, holidays, and other accrued benefits. 2 Section 5. Salary Employer agrees to pay Employee for his services rendered pursuant hereto an annual base salary of $ , payable in installments at the same time as other employees of the Employer are paid. In addition, Employer agrees to increase said base salary and/or other benefits of Employee in such amounts and to such extent as the Council may determine that it is desirable to do so on the basis of an annual salary review of said Employee made at the same time as similar consideration is given other employees generally. Section 6. Performance Evaluation A. The Council shall review and evaluate the performance of the Employee at least once annually. Said review and evaluation shall be in accordance with specific criteria developed jointly by Employer and Employee. Said criteria may be added to or deleted from as the Council may from time to time determine. Further, the Mayor shall provide the Employee with a summary written statement of the findings of the Council and provide an adequate opportunity for the Employee to discuss her evaluation with the Council. B. Annually, the Council and Employee shall define such goals and Performance Objectives which they determine necessary for the proper operation of the City and the attainment of the Council's policy objectives and shall further establish a relative priority among those goals and objectives, said goals and objectives to be reduced to writing. They shall generally be attainable within the time limitations as specified and the annual operating and capital budgets and appropriations provided. C. In effecting the provisions of this Section, the Council and Employee mutually agree to abide by the provisions of applicable law. Section 7. Hours of Work It is recognized that Employees must devote a great deal of time outside the normal office hours to business of the Employer, and to that end Employee will be allowed to take compensatory time off as appropriate. Section 8. Automobile Employer shall pay Employee an automobile allowance to the Employee in the amount of $475.00 per month. The Employee shall be responsible for paying for liability, property damage and comprehensive insurance on the automobile. Section 9. Disability, Health and Life Insurance A. Employer agrees to provide Employee, Employer-paid insurance, such as life, health medical, hospitalization, and the like, and to pay the premiums thereon, equal to that which is provided for all other employees of Employer. 3 B. Employee agrees to submit once per calendar year to a complete executive physical examination by a qualified physician selected by the Employer. Employer shall receive a copy of all medical reports related to said examination. C. Employer agrees to purchase and to pay the required premiums on term life insurance policies equal in amount to two times the annual gross salary of Employee, with the beneficiary named by Employee. Section 10. Professional Development A. Employer hereby agrees to budget for and to pay the travel and subsistence expenses of Employee for professional and official travel, meetings and occasions adequate to continue the professional development of Employee and to adequately pursue necessary official and other functions for Employer, including but not limited to the Annual Conference of the Texas City Management Association, the Texas Municipal League and such other national, regional, state and local governmental groups and committees thereof which Employee serves as a member. B. Employer agrees to budget and to pay for the professional dues and subscriptions of Employee necessary for her continuation and full participation in national, regional, state and local associations and organizations necessary and desirable of her continued professional participation, growth and advancement, and for the good of the Employer. Section 11. General Expenses Employer recognizes that certain expenses that are strictly job-affiliated are incurred by Employee, and Employer hereby agrees to reimburse or to pay said expenses and the Finance Director is hereby authorized to disburse such monies upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits upon approval of Mayor. Section 12. Indemnification Employer shall defend, save harmless and indemnify Employee against any tort, professional, liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee's duties as City Manager. Section 13. Bonding Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. 4 Section 14. Other Terms and Conditions of Employment A. The Council, in consultation with the Employee, shall affix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City Charter or any other law. B. Subject to the express provisions of this Agreement, all provisions of the City Charter and adopted regulations and rules of the Employer relating to vacation and sick leave, retirement and pension system contributions, holidays and other fringe benefits and working conditions as they now exist or hereafter may be amended, also shall apply to Employee as they would to other employees of Employer. C. Employee shall be entitled to receive four (4) weeks' vacation and shall be entitled to sick leave benefits as accorded department heads, including the provisions, subject to Section 3, paragraph A, of this Agreement, governing accrual and payment thereof on termination of employment. D. Upon execution of this contract and approval of same by Council, Employee shall be entitled to receive a one-time signing bonus in the amount of $ payable with the regular paycheck following its approval by Council. E. Employer shall not at any time during the terms of this Agreement reduce the salary, compensation or other financial benefits of Employee, except to the degree of such a reduction across-the-board for all employees of the Employer. F. The terms and provisions of the current edition of the City of La Porte Employee Policies Handbook shall be fully applicable to the Agreement, except to the extent of any conflict, in which case the terms and provisions of this Agreement shall prevail. In the event of a conflict between the provisions of the Home Rule Charter of the City of La Porte and this Agreement, the Charter provisions shall prevail. Section 15. General Provisions A. The text herein shall constitute the entire Agreement between the parties. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and the executors of Employee. C. This Agreement shall become effective commencing March 10,2006. D. If any provision or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of the Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. 5 IN WITNESS WHEREOF, the City of La Porte has caused this Agreement to be signed and executed in its behalf by its Mayor and duly attested by its City Secretary and the Employee has signed and executed this Agreement, both in duplicate, the day and year first above written. City of La Porte, Texas By: Alton E. Porter, Mayor "EMPLOYER" Debra Brooks Feazelle, City Manager "EMPLOYEE" ATTEST: Martha A. Gillett, City Secretary [Seal] APPROVED AS TO FORM: Clark T. Askins, Assistant City Attorney This Contract/Agreement was discussed and approved in an open and regular scheduled City Council Meeting, , 2006. 6