HomeMy WebLinkAbout2007-12-17 Special Called Regular Meeting of La Porte City Council
5
A
MINUTES OF SPECIAL CALLED REGULAR MEETING OF THE
LA PORTE CITY COUNCIL
December 17, 2007
1. CALL TO ORDER
The meeting was called to order by Mayor Porter at 6:00 p.m.
Members of City Council Present: Mayor Pro Tem Rigby, Council members Tommy Moser,
Mike Clausen, Georgia Malone, Mike Mosteit, Chuck Engelken, Howard Ebow, Barry Beasley
and Mayor Porter.
Members of Council Absent: None
Members of City Executive Staff and City Employees Present: Assistant City Attorney Clark
Askins, City Manager Ron Bottoms, Planning Director Wayne Sabo, Interim Finance Director
Michael Dolby, City Secretary Martha Gillett, Director of Public Works Steve Gillett, GIS
Manager Brian Sterling, Assistant Fire Chief John Dunham, Emergency Management
Coordinator Jeff Suggs, Assistant Chief of Police Aaron Corrales, Lieutenant Ron Parker, and
Tax Manager Kathy Powell, Fire Chief Mike Boaze and a number of other employees.
Others Present: Shar Lynch, David Janda, John Handy of Houston Chronicle, Hugh Landrum,
Adam Yanelli of Bayshore Sun, Dan Chappell of the Ministerial Alliance and other citizens.
2. Dan Chappell of the Ministerial Alliance delivered the Invocation.
3. Mayor Porter led the Pledge of Allegiance.
4. PRESENTATIONS / PROCLAMATIONS
There were not any presentations or proclamations.
5. Consent Agenda
A. Consider approving Minutes of the Special Called Regular Meeting and Workshop
Meeting of La Porte City Council held on December 3, 2007.
B. Council to consider approval or other action of an Ordinance authorizing the Planning
Director to execute a pipeline permit as requested by HSC Pipeline Partnership, L.P.
for installation of an 8" and a 6" LPG Pipeline (Ord. 3048)
C. Council to consider approval or other action of an Ordinance authorizing the Planning
Director to execute a pipeline permit as requested by HSC Pipeline Partnership, L.P.
for installation of a 12" and an 8" Natural Gas Liquids Pipeline (Ord. 3049)
D. Council to consider approval or other action of an Ordinance authorizing the Planning
Director to execute a pipeline permit as requested by South Texas NGL Pipelines,
L.L.C. for installation of a 6" Natural Gas Liquids Pipeline (Ord. 3050)
City Council Special Called Regular Meeting, - December 17 2007
Page 2
E. Council to consider approval or other action of an Ordinance authorizing an agreement
between the City and Bayway Homes to construct a home at 211 N. 1st Street (Ord.
3051).
F. Council to consider approval or other action of an Ordinance authorizing an agreement
between the City and Bayway Homes to construct a home at 207 N. 2nd Street (Ord.
3052).
G. Council to consider approval or other action of an Ordinance authorizing an agreement
between the City and Bayway Homes to construct a home at 216 N. 2nd Street (Ord.
3053).
H. Council to consider approval or other action authorizing the City Manager to execute a
Contract with Barnier Building Systems Inc. for replacement of the Public Works
Facility roof in the amount of $78, 076.00 execute Change Order #1 in the amount of
$11,485.00 and authorize a contingency amount of $4,478.00.
I. Council to consider awarding bid # 08007 or other action for replacement vehicles.
Items 1, 2,3 to Caldwell Country Cheverolet $141, 878.00. Items 4 & 6 to Tommie
Vaughn $ 81,033.00. Items 7, 9,10, &12 to Philpott Ford $ 73, 330.00. Items 5 & 11 to
Planet Ford $56, 577.00.
J. Council to consider awarding bid # 08008 or other action for demolition of buildings in
the amount of $4,885.00.
K. Council to consider approval or other action authorizing an ordinance vacating,
abandoning, and closing North 14th Street and North 15th Street between the West
Polk and West Adams Streets (Ord. 3054).
Motion was made by Council member Enqelken to approve consent aqenda as presented.
Second by Council member Beasley. The motion carried.
Ayes: Mayor Porter, Mayor Pro Tem Rigby, Moser, Ebow, Clausen, Mosteit, Beasley, Engelken
and Malone
Nays: None
Abstain: Ebow abstained on item A.
Absent: None
6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS
WISHING TO ADDRESS COUNCIL ON ANY ITEM POSTED ON THE AGENDA.
There was no one wishing to address City Council.
7. Council to consider approval or other action authoring Lincoln National as the Long Term
Disability Insurance Carrier.
City Council Special Called Regular Meeting, - December 17 2007
Page 3
Interim Finance Director Michael Dolby presented summary and recommendation and
answered Council's questions.
Motion was made by Council member Ebow to approve Lincoln National as the Lona Term
Disability Insurance Carrier presented by Mr. Dolby. Second by Council member Malone. The
motion carried.
Ayes: Mayor Porter, Rigby, Mosteit, Moser, Clausen, Ebow, Beasley, Malone and
Engelken
Nays: None
Abstain: None
Absent: None
City Manager Ron Bottoms informed Council staff would be bringing back policy changes on
this matter for approval at a future council meeting.
8. Council to consider approval or other action of an ordinance authoring the City Manager to
execute an agreement and lease for Fixed Base Operations at the La Porte Municipal Airport
between the City of La Porte and La Porte Flight Line L.L.C.
Public Works Director, Steve Gillett presented summary and recommendation and answered
Council's questions.
Assistant City Attorney Clark Askins read: ORDINANCE 3055- AN ORDINANCE APPROVING
AND AUTHORIZING AN AGREEMENT AND LEASE FOR FIXED BASE OPERATIONS AT
CITY OF LA PORTE MUNICIPAL AIRPORT BETWEEN THE CITY OF LA PORTE AND LA
PORTE FLIGHT LINE, L.L.C. 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 Councilmember Beasley to approve Ordinance 3055 as presented by
Mr. Gillett. Second by Councilmember Moser. The motion carried.
Ayes: Mayor Porter, Rigby, Mosteit, Moser, Clausen, Engelken, Ebow, Beasley, and Malone
Nays: None
Abstain: None
Absent: None
9. Council to consider approval or other action of an ordinance approving Industrial District
Agreements
City Manager Ron Bottoms presented summary and recommendation and answered
Council's questions.
Assistant City Attorney Clark Askins read: ORDINANCES 2007-IDA 51 THROUGH 2007-IDA
107 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH (NAME ON CONTRACT),
(CORPORATIONS TYPE) FOR THE TERM COMMENCING JANUARY 1, 2008 AND
City Council Special Called Regular Meeting, - December 17 2007
Page 4
ENDING DECEMBER 31,2019 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 Councilmember Riqby to approve Ordinances 2007-IDA 51 throuqh
2007-IDA-118 as presented by Mr. Bottoms. Second by Councilmember Malone. The motion
carried.
Ayes; Mayor Porter, Rigby, Mosteit, Moser, Clausen, Engelken, Ebow, Beasley, and Malone
Nays: None
Abstain: Engelken on Item IDA-95
Absent: None
10. Council to consider approval or other action of an ordinance directing the Planning Department
to prepare a service plan that provides for the extension of municipal services to certain areas
proposed to be annexed to the City of La Porte located within the Battleground Industrial
District.
This item was pulled and no action was needed.
11. Council to consider approval or other action of an ordinance to extend the City Limit
boundaries.
City Manager Ron Bottoms presented summary and recommendation and answered Council's
questions.
Assistant City Attorney Clark Askins read: ORDINANCE 3057- AN ORDINANCE EXTENDING
THE CORPORATE LIMITS OF THE CITY OF LA PORTE, TEXAS, TO EMBRACE AND
INCLUDE TERRITORIES WITHIN CERTAIN BOUNDARIES LOCATED WITHIN THE
BATTLEGROUND INDUSTRIAL DISTRICT AND THE BAYPORT INDUSTRIAL DISTRICT;
ANNEXING TO THE CITY OF LA PORTE, TEXAS, TERRITORY WITHIN SUCH
BOUNDARIES; APPROVING A SERVICE PLAN FOR SUCH TERRITORIES; MAKING
FINDINGS AND OTHER PROVISIONS RELATED TO THE SUBJECT; CONTAINING A
REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion made by Councilmember Riqby to approve the Ordinance as presented. Second by
Councilmember Malone. Motion carried unanimously.
Ayes: Mayor Porter, Rigby, Mosteit, Moser, Clausen, Engelken, Ebow, Beasley, and Malone
Nays: None
Abstain: None
Absent: None
12. Administrative Reports
City Manager Ron Bottoms provided Council with the following Administrative Reports:
City Council Special Called Regular Meeting, - December 17 2007
Page 5
Houston Gulf Coast Building and Construction Trades Council Christmas Party - Hobby
Airport Hilton - Thursday, December 20, 2007 - 10:00 a.m. - 2:00 p.m.
City Hall Christmas Luncheon/ Grinch Christmas - Friday, December 21, 2007
Closing City Hall from 11 :30 a.m. until 1 :30 p.m.
Christmas Holiday Observed December 24 -25, 2007
New Year's Holiday Observed January 1,2008.
13. Council Comments-Ebow, Engelken, Mosteit, Clausen, Rigby, Moser, Beasley, Malone and
Porter.
14. 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).
A.
551.087 - Deliberation Regarding
Economic Development
Negotiations
Meet with City Attorney and City Manager
to Discuss Industrial District Agreement
Negotiations
There was no need to conduct an Executive Session.
IS-
m'."
Considerations and possible action on items considered in executive session.
There was no action taken.
!y
/1('"
There being no further business to come before Council, the Regular Meeting was duly
adjourned at 6:37 p.m.
~~
Martha Gillett, TRMC, CMC
City Secretary
Passed and approved on this 14th day of January, 20~
~K~
Mayor Alton E. Porter
B
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Source of Funds:
N/A
Account Number:
N/A
Amount Budgeted: N/A
Report: _Resolution: _Ordinance: .lL
Amount Requested: N/A
Attachments:
1. Ordinance
2. Area Map
Budgeted Item: _YES .....x-NO
SUMMARY & RECOMMENDATION
The City has received an application from Fred Westergren, Kim Phillips and Jamey Willis to vacate,
abandon and close that portion of the alley in Block 723, between Lots 11 through 20 and 21 through 30,
Town of La Porte. The applicants desire to close the subject alley in order to create two individual
economic units of land to facilitate future development.
Each of the City's franchised utility companies (i.e. Centerpoint Energy, AT&T & Comcast) has reviewed
the request and expressed no objection to the closing. Additionally, Staff's review of the closing indicated
no objections.
In accordance with Section 62.35 of the Code of Ordinances, Staff has ordered an independent appraisal of
the alley in question. As a result, the fair market value has been appraised at $1.00 per square foot. The
City has received payment from both applicants in the amount of $3,108 (75% of Fair Market Value as per
the ordinance) for the closing a total of 4,144 square feet of the alley in Block 723, Town of La Porte.
Recommendation:
Staff recommends vacating, abandoning, and closing the portion of the alley in Block 723, Town of La
Porte situated between Lots] 1 through 20 and 21 through 30 as requested by the applicants.
Action Required of Council:
prove an ordinance vacating, abandoning, and closing that portion of the alley in Block 723, Town of La
Po e situated between Lots] 1 through 20 and 21 through 30.
1
ATTACHMENT NO.1
Ordinance
ORDINANCE NO. 20~ !DSr
AN ORDINANCE V ACA TING, ABANDONING AND CLOSING A PORTION OF
THE ALLEY IN BLOCK 723, TOWN OF LA PORTE, HARRIS COUNTY,
TEXAS FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the City Council of the City of La Porte has been requested by the
record owners of all of the property abutting the hereinafter described portion of the alley
in Block 723, Town of La Porte, Harris County, Texas; to vacate, abandon, and
permanently close the hereinafter described portion of the alley in Block 723, Town of La
Porte, Harris County, Texas; and,
WHEREAS, the City Council of the City of La Porte has determined and does
hereby find, determine, and declare that the hereinafter described portion of the alley in
Block 723, Town of La Porte, Harris County, Texas, is not suitable, needed, or beneficial
to the public as a public road, street, or alley, and the closing of hereinafter described
portion of the alley in Block 723, Town of La Porte, Harris County, Texas, is for the
protection of the public and for the public interest and benefit, and that the hereinafter
described portion of the alley in Block 723, Town of La Porte, Harris County, Texas,
should be vacated, abandoned, and permanently closed.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. Under and by virtue of the power granted to the City of La Porte
under its home rule charter and Chapter 253, Section 253.001, Texas Local Government
Code, the hereinafter described portion of the alley in Block 723, Town of La Porte,
Harris County, Texas, is hereby permanently vacated, abandoned, and closed by the City
of La Porte, to wit:
That portion of the alley in Block 723, Town of La Porte, Harris County, Texas
lying within and situated between Lots 11 through 20 and Lots 21 through 30
containing a total of four thousand one hundred forty-four (4,144) square feet and
generally illustrated on Exhibit "A" attached hereto and made part of herein;
2
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 I LjII- DAY of;:JirNWU y 2008.
CITY OF LA PORTE
~Lry~
By:
Alton Porter, Mayor
ATTEST: ~
GfY1~ {ill
Martha Gillett, City Secretary
AP~
r~
Clark T. Askins, City Attorney
~u~
16
717
l-
t/)
:I:
l-
e&)
....
z
l-
t/)
:I:
l-
e&)
....
t/)
25
724
PROP. CLOSING of
ALLEY in BLOCK 723
52
.1 3
754
m~m
l-
t/)
:I:
I-
'''It
....
t/)
719
W MAIN ST
722
755
N
W+E
s
SAC~2007-05
N
W+E
S
16 7 9
I-
U)
J:
I-
U)
-
z
W MAIN ST
I-
U)
J:
I-
U)
-
U)
2
2
3
I-
U)
:J:::
I-
"11:1'
-
t/)
7
SAC-2007- 5
ATTACllMBNT NO.2
Area Niap
SAC-2007 -05
c
REQUEST FOR CITY COUNCIL AGENDA ITEM
ApprOf)fiation
Sylvan Beach Fishing Pier
Rq>air Escrow Fund
Agenda Date Requested: Janu
Requested By
Department:
Parks & Recreation
Acc't Number:
Report: _Resolution: _Ordinance: -L
Amount Budgeted:
NfA
Exhibits:
Second Amendment to Lease Agreement Amount Requested:
N/A
Exhibits:
Marine, Inc. Cost Estimate
Bud eted Item:
YES
NO
Exhibits:
SUMMARY & RECOMMENDATION
When the City of La PortelHarris Coooty rebuilt and reopened the pier in 1995, an Escrow Food was set
up using the revenues from the pier, to repair or replace the pier in the event it was damaged or destroyed again.
The Escrow Fund was originally set at $60,000, plus annual ~t ofIiving increases. It was increased to
$150,000 pl11S c.o.L. in the First Amendment to Lease Agreement in 1999 after the lighting and electrical
system was installed.
The Sylvan Beach Fishing Pier was damaged by high tides during a storm in late 2006. The 2006 storm
caused damage that was repaired in the amooot of $105,580. Fooding for the Escrow Food comes from pier use
revenues shared by both Harris Coooty and the City of La Porte. After discussion with Harris COlmty, the
decision was made to forego distrIbution of the 2006 revenues and to place the funds in the Escrow to offset
the anticipated cost of storm damage repair. So, net revenue generated in 2006 ($52,000) was added to the
escrow amOlmt of $184,000 making the Escrow Flmd total approximately $230,000. Since the $105K in
repairs was relatively major in relation to the amooot available for pier replacement, it was evident that the
Escrow Food was ooderfunded.
Staff obtained a replacement cost estimate from llfarine, Inc. for the pier at +1- $450,000. Harris
County has agreed that the Escrow Food amooot needs to be increased to provide adequate funding for
replacement in the future, should a storm or other disaster require it to be replaced.
Staff recommends approval of the Second Amendment to Lease Agreement between the City of La
Porte and Harris Coooty to accomplish the Escrow Food increase. The City/Coooty share of pier revenues
generally come in at about $60,000 per year. So, fully funding the Escrow Fund at the increased amount will
take approximately five years, provided there are no additional repairs needed over that time period.
~!~
ORDINAc~CE NO. 2008- 30:5'1
AN ORDINANCE APPROVING AND AUTHORIZING A SECOND AMENDMENT TO
LEASE AGREEMENT BETWEEN THE CITY OF LA PORTE AND HARRIS COUNTY
FOR SYLVAN BEACH FISHING PIER, ACCORDING TO THE TERMS OF THE
AGREEl\'IENT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING
AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes the contract, agreement, or
other undertaking described in the title of this ordinance, 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 ofthe 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 thereofhas been discussed, considered and formally acted upon. The City Council
further ratifies, approves, and confirms such written notice and the contents and posting thereof
Page 1 of2
Section 3. This Ordinance shall be effective from and after its passage and approval, and it is
so ordered.
PASSED AL~D APPROVED, this 14TH day of Jfu~UARY, 2008.
CITY OF LA PORTE
(\ ~i \0
~t-). \ ~.~
By:
Alton E. Porter,
Mayor
ATTEST:
Lfr!tZtlltlLeX/t W
Martha Gillett,
City Secretary
APPROVED AS TO FORM:
~7 M~~
ark T. Askins,
Assistant City Attorney
Page 2 of2
Exhibit #1
Second Amendment to Lease Agreement
City of La Porte Harris County
Sylvan Beach Fishing Pier
SECOND AMENDMENT TO LEASE AGREEMENT
THE STATE OF TEXAS S
S
COUNTY OF HARRIS S
THIS SECOND AMENDMENT TO LEASE AGREEMENT, made and entered into
pursuant to TEX. GOy'T CODE ANN. 9791.001 et. seq. (Vernon 2004) (the Interlocal Cooperation
Act), by and between HARRIS COUNTY, a body corporate and politic under the laws of the
State of Texas, hereinafter sometimes called "the County," and the CITY OF LA PORTE, a
municipal corporation under the laws of the State of Texas, hereinafter sometimes called "the
City";
WIT N E SSE T H:
WHEREAS, on or about April 12, 1994, the County and the City entered into a Lease
Agreement for the construction, operation and maintenance of the fishing pier at the Sylvan
Beach Park, hereinafter called "Lease Agreement"; and
WHEREAS, pursuant to the Lease Agreement, the City maintains an escrow account that
is to be used to pay for the repairs to and restoration of the pier in the event of damage to or
destruction of the pier; and
WHEREAS, the County and the City intended for the balance in the escrow account to be
maintained in an amount that would produce buying power equivalent to $60,000.00 in the year
1993; and
WHEREAS, after it became apparent that the cost of replacing the pier would exceed the
equivalent of $60,000.00 in the year 1993, the County and the City, on or about October 6, 1998,
entered into an Amendment to Lease Agreement for the purpose of increasing the balance in the
escrow account to an amount that would produce buying power equivalent to $150,000.00 in the
year 1998, and requiring the purchase of insurance by the City to cover any deficiency in such
account; and
WHEREAS, it has become apparent that the cost of replacing the pier would exceed the
buying power equivalent to $150,000.00 in the year 1998; and
WHEREAS, the County and the City desire to increase the balance in the escrow account
to an amount that produces buying power equivalent to $450,000.00 in the year 2007;
NOW, THEREFORE, the County and the City, in consideration of the mutual covenants
and agreements herein contained, do mutually agree as follows:
I
The portion of Paragraph IV of the Lease Agreement, as amended, which reads as
follows:
"(a) (1) For the period commencing on April 1, 1994 and ending on
August 31, 1998, City will establish an escrow account, into which City shall
deposit two thirds (2/3) of all gross receipts from patrons using the pier. The
purposes of this escrow account is to establish a self-insured fund for the future
repairs to the pier, or for restoration of the pier in event of damage or destruction
to the pier, either from natural or other causes, which repairs and restoration the
City shall perform. City will continue to deposit, into the escrow account, two
thirds (2/3) of all gross receipts from patrons using the pier, until the escrow
account reaches a balance in an amount that produces buying power equivalent to
$60,000.00 in the year 1993, said balance being hereinafter called 'the $60,000.00
equivalent'. During the term of this agreement, the $60,000.00 equivalent, as
used herein, shall mean an amount that would produce buying power equivalent to
$60,000.00 based on the change, if any, in the Houston, Texas, Average
Consumer Price Index - All Urban Customers ("CPI-U"). The calculation of the
increase, if any, is set forth in subparagraph (f) below. In the event the balance in
the escrow account falls below the $60,000.00 equivalent, the City shall promptly
commence depositing two-thirds (2/3) of all gross receipts into said escrow
account so as to increase the balance to the $60,000.00 equivalent. After the
escrow account reaches a balance of the $60,000.00 equivalent, the City shall pay
to County one-third (1/3) of the gross receipts, as hereinafter defined. On or
before the tenth (loth) day of January, April, July, and October, during the term of
this Agreement, the City shall compute and pay to the County, without demand, at
the Office of the County Treasurer, the County's one-third (1/3) portion of the
4ross receipts which are not required to be deposited by City into the escrow
account, covering the immediately preceding three month period. City shall
accompany each payment with a sworn statement, certifying as true and correct,
the amount of gross receipts collected pursuant to this Agreement for the
immediately preceding three month period.
(a) (2) For the period commencing September 1, 1998 and ending
March 31, 2026, City will establish an escrow account, into which City shall
deposit two thirds (2/3) of all gross receipts from patrons using the pier. The
purposes of this escrow account is to establish a self-insured fund for the future
repairs to the pier, or for restoration of the pier in event of damage or destruction
to the pier, either from natural or other causes, which repairs and restoration the
City shall perform. City will continue to deposit, into the escrow account, two
thirds (2/3) of all gross receipts from patrons using the pier, until the escrow
account reaches a balance in an amount that produces buying power equivalent to
$150,000.00 in the year 1998, said balance being hereinafter called 'the
$150,000.00 equivalent'. During the term of this agreement, the $150,000.00
equivalent, as used herein, shall mean an amount that would produce buying
power equivalent to $150,000.00 bases on the change, if any, in the Houston,
Texas, Average Consumer Price Index - All Urban Customers ("CPI-U"). The
calculation of the increase, if any, is set forth in subparagraph (f) below. In the
event the balance in the escrow account falls below the $150,000.00 equivalent,
the City shall promptly commence depositing two-thirds (2/3) of all gross receipts
into said escrow account so as to increase the balance to the $150,000.00
equivalent. After the escrow account reaches a balance of the $150,000.00
equivalent, the City shall pay to County one-third (1/3) of the gross receipts, as
hereinafter defined. On or before the tenth (1oth) day or January, April, July, and
October, during the term of this Agreement, the City shall compute and pay to the
County, without demand, at the Office of the County Treasurer, the County's one-
third (1/3) portion of the gross receipts which are not required to be deposited by
City into the escrow account, covering the immediately preceding three month
period. City shall accompany each payment with a sworn statement, certifying as
true and correct, the amount of gross receipts collected pursuant to this Agreement
for the immediately preceding three month period."
2
is hereby amended to read as follows:
"(a) (1) For the period commencing on April 1, 1994 and ending on
August 31, 1998, City will establish an escrow accoll...'lt, into which City shall
deposit two thirds (2/3) of all gross receipts from patrons using the pier. The
purpose of this escrow account is to establish a self-insured fund for the future
repairs to or restoration of the pier in event of damage or destruction to the pier,
either from natural or other causes, which repairs and restoration the City shall
perform. City will continue to deposit, into the escrow account, two thirds (2/3)
of all gross receipts from patrons using the pier, until the escrow account reaches a
balance in an amount that produces buying power equivalent to $60,000.00 in the
year 1993, said balance being hereinafter called "the $60,000.00 equivalent."
During the term of this agreement, the $60,000.00 equivalent, as used herein,
means an amount that produces buying power equivalent to $60,000.00 based on
the change, if any, in the Houston, Texas, Average Consumer Price Index - All
Vrban Customers ("CPI-V"). The calculation of the increase, if any, is set forth in
subparagraph (f) below. In the event the balance in the escrow account falls
below the $60,000.00 equivalent, the City shall promptly commence depositing
two thirds (2/3) of all gross receipts into said escrow account so as to increase the
balance to the $60,000.00 equivalent. After the escrow account reaches a balance
of the $60,000.00 equivalent, the City shall pay to County one third (1/3) of the
gross receipts, as hereinafter defined. On or before the tenth (10th) day of January,
April, July, and October during the term of this Agreement, the City shall
compute and pay to the County, without demand, at the Office of the County
Treasurer, the County's one-third (113) portion of the gross receipts that is not
required to be deposited by City into the escrow account, covering the
immediately preceding three-month period. City shall accompany each payment
with a sworn statement, certifying as true and correct, the amount of gross receipts
collected pursuant to this Agreement for the immediately preceding three-month
period.
(a) (2) For the period commencing September 1, 1998 and ending
December 31, 2007, City will establish an escrow account, into which City shall
deposit two thirds (2/3) of all gross receipts from patrons using the pier. The
purpose of this escrow account is to establish a self-insured fund for the fuhlre
repairs to or restoration of the pier in event of damage or destruction to the pier,
either from natural or other causes, which repairs and restoration the City shall
perform. City will continue to deposit, into the escrow account, two thirds (2/3)
of all gross receipts from patrons using the pier, until the escrow account reaches a
balance in an amount that produces buying power equivalent to $150,000.00 in
the year 1998, said balance being hereinafter called "the $150,000.00 equivalent."
During the term of this agreement, the $150,000.00 equivalent, as used herein,
means an amount that produces buying power equivalent to $150,000.00 based on
the change, if any, in the Houston, Texas, Average Consumer Price Index - All
Urban Customers ("CPI-V"). The calculation of the increase, if any, is set forth in
subparagraph (f) below. In the event the balance in the escrow account falls
below the $150,000.00 equivalent, the City shall promptly commence depositing
two-thirds (2/3) of all gross receipts into said escrow account so as to increase the
balance to the $150,000.00 equivalent. After the escrow account reaches a
balance of the $150,000.00 equivalent, the City shall pay to County one third (1/3)
of the gross receipts, as hereinafter defined. On or before the tenth (loth) day of
January, April, July, and October during the term of this Agreement, the City shall
compute and pay to the County, without demand, at the Office of the County
Treasurer, the County's one-third (1/3) portion of the gross receipts that is not
3
required to be deposited by City into the escrow account, covering the
immediately preceding three-month period. City shall accompany each payment
with a sworn statement, certifying as true and correct, the amount of gross receipts
collected pursuant to this Agreement for the immediately preceding three-month
period.
(a) (3) For the period commencing January 1, 2008 and ending
March 31, 2026, City will establish an escrow account, into which City shall
deposit two thirds (2/3) of all gross receipts from patrons using the pier. The
purposes of this escrow account is to establish a self-insured fund for the future
repairs to or restoration of the pier in event of damage or destruction to the pier,
either from natural or other causes, which repairs and restoration the City shall
perform. City will continue to deposit, into the escrow account, two thirds (2/3)
of all gross receipts from patrons using the pier, until the escrow account reaches a
balance in an amount that produces buying power equivalent to $450,000.00 in
the year 2007, said balance being hereinafter called 'the $450,000.00 equivalent'.
During the term of this agreement, the $450,000,00 equivalent, as used herein,
means an amount that produces buying power equivalent to $450,000.00 based on
the change, if any, in the Houston, Texas, Average Consumer Price Index - All
Urban Customers ("CPI-U"). The calculation of the increase, if any, is set forth in
subparagraph (f) below. In the event the balance in the escrow account falls
below the $450,000.00 equivalent, the City shall promptly commence depositing
two thirds (2/3) of all gross receipts into said escrow account so as to increase the
balance to the $450,000.00 equivalent. After the escrow account reaches a
balance of the $450,000.00 equivalent, the City shall pay to County one third (1/3)
of the gross receipts, as hereinafter defined. On or before the tenth (10th) day of
January, April, July, and October during the term of this Agreement, the City shall
compute and pay to the County, without demand, at the Office of the County
Treasurer, the County's one-third (1/3) portion of the gross receipts that is not
required to be deposited by City into the escrow account, covering the
immediately preceding three-month period. City shall accompany each payment
with a sworn statement, certifying as true and correct, the amount of gross receipts
collected pursuant to this Agreement for the immediately preceding three-month
period."
II
The portion of Subparagraph (f) of Paragraph IV of the Lease Agreement, as amended,
which provides as follows:
"(f) (1) On each of the first four anniversary dates of this
agreement, the $60,000.00 equivalent will be adjusted by multiplying $60,000.00
by a fraction, the numerator of which is the CPI-U for the immediately preceding
calendar year, and the denominator of which is the CPI-U for the year 1993. The
resulting number shall be the $60,000.00 equivalent for the year commencing on
said anniversary dates. In the event the Consumer Price Index is discontinued, the
Consumer Price Index shall thereafter mean such index of prices published by the
U.S. Government as most nearly approximates the Consumer Price Index now
published.
(f) (2) On the 5th through and including the 31 st anniversary dates
of this agreement, the $150,000.00 equivalent will be adjusted by multiplying
$150,000.00 by a fraction, the numerator of which is the CPI-U for the
immediately preceding calendar year, and the denominator of which is the CPI-U
,1
-t
for the year 1998. The resulting number shall be the $150,000.00 equivalent for
the year commencing on said anniversary dates. In the event the Consumer Price
Index is discontinued, the Consumer Price Index shall thereafter mean such index
of prices published by the U.S. Government as most nearly approximates the
Consumer Price Index now published."
is hereby amended to read as follows:
"(f) (1) On each of the first four anniversary dates of this
agreement, the $60,000.00 equivalent will be adjusted by multiplying $60,000.00
by a fraction, the numerator of which is the CPI-U for the immediately preceding
calendar year, and the denominator of which is the CPI-U for the year 1993. The
resulting number shall be the $60,000.00 equivalent for the year commencing on
said anniversary dates. In the event the Consumer Price Index is discontinued, the
Consumer Price Index shall thereafter mean such index of prices published by the
U.S. Government as most nearly approximates the Consumer Price Index now
published.
(f) (2) On the 5th through and induding the 13th anniversary dates
of this agreement, the $150,000,00 equivalent will be adjusted by multiplying
$150,000.00 by a fraction, the numerator of which is the CPI-U for the
immediately preceding calendar year, and the denominator of which is the CPI-U
for the year 1998. The resulting number shall be the $150,000.00 equivalent for
the year commencing on said anniversary dates. In the event the Consumer Price
Index is discontinued, the Consumer Price Index shall thereafter mean such index
of prices published by the U.S. Government as most nearly approximates the
Consumer Price Index now published.
(f) (3) On the 14th through and including the 31 st anniversary dates
of this agreement, the $450,000.00 equivalent will be adjusted by multiplying
$450,000.00 by a fraction, the numerator of which is the CPI-U for the
immediately preceding calendar year, and the denominator of which is the CPI-U
for the year 2007. The resulting number shall be the $450,000.00 equivalent for
the year commencing on said anniversary dates. In the event the Consumer Price
Index is discontinued, the Consumer Price Index shall thereafter mean such index
of prices published by the U.S. Government as most nearly approximates the
Consumer Price Index now published."
III
The portion of Paragraph XIII of the Lease Agreement, as amended, which reads as
follows:
"F or the period commencing on April 1, 1994 and ending on August 31,
1998, in which the balance of funds in the escrow account is an amount less than
the $60,000.00 equivalent, the City shall also maintain fire and extended coverage
insurance in an amount sufficient to cover the cost of materials and labor to
rebuild the pier in the event of damage or destruction of same, either from natural
or other causes. For the period commencing September 1, 1998 and ending
March 31, 2026, in which the balance of funds in the escrow account is an amount
less than the $150,000,00 equivalent, the City shall also maintain fire and
extended coverage insurance in an amount sufficient to provide, when added to
the balance in the escrow account, a total of the $150,000,00 equivalent, for the
5
cost of materials and labor to rebuild the pier in the event of damage or
destruction of same, either from natural or other causes."
is hereby amended to read as follows:
"F or the period commencing on April 1, 1994 and ending on August 31,
1998, in which the balance of funds in the escrow account is an amount less than
the $60,000.00 equivalent, the City shall also maintain fire and extended coverage
insurance in an amount sufficient to cover the cost of materials and labor to
rebuild the pier in the event of damage or destruction of same, either from natural
or other causes. For the period commencing September 1, 1998 and ending
December 31, 2007, in which the balance of funds in the escrow account is an
amount less than the $150,000.00 equivalent, the City shall also maintain fire and
extended coverage insurance in an amount sufficient to provide, when added to
the balance in the escrow account, a total of the $150,000.00 equivalent, for the
cost of materials and labor to rebuild the pier in the event of damage or
destruction of same, either from natural or other causes. For the period
commencing January 1, 2008 and ending March 31, 2026, in which the balance of
funds in the escrow account is an amount less than the $450,000.00 equivalent,
the City shall also maintain fire and extended coverage insurance in an amount
sufficient to provide, when added to the balance in the escrow account, a total of
the $450,000.00 equivalent, for the cost of materials and labor to rebuild the pier
in the event of damage or destruction of same, either from natural or other
causes. "
IV
All other terms and provision of the Lease Agreement, as amended, remain in full force
and effect as originally written.
EXECUTED this I t.fJI- day of ;]1rVoJ ~ 200(.
APPROVED AS TO FORM:
MIKE STAFFORD
~;~ .
WILLIAM R. BRUYERE
Senior Assistant County Attorney
I/LAPORTE2 07RPD0252
HARRIS COUNTY
~.....
By
ED EMMETT, County Judge
CITY OF LA PORTE
(\. .~
V-L~ 0., \ lr~/
TON E. PORTER, Mayor
ATTEST:
vm~
MARTHA 01 LETT, ity Secretary
cf
~TE~
-v.':~(2)q,rE S~ 0, Illt.".l!'il C.itY Manager
, ' /', Ii Ilf Af~/,n()lS
$ (J:'/f/V' 1..:>0 t C/.J .;
APPROVED AS TO FORM:
K
6
THE STATE OF TEXAS ~
COUNTY OF HARRIS ~
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 2007, with the following members present, to-wit:
Ed Emmett
El 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:
constituting a quorum, when among other business, the following was transacted:
ORDER AUTHORIZING EXECUTION OF SECOND AMENDMENT
TO LEASE AGREEMENT BETWEEN HARRIS COUNTY AND THE
CITY OF LA PORTE TO INCREASE THE SYLVAN BEACH PARK
PUBLIC FISHING PIER ESCROW ACCOUNT BALANCE
Commissioner
motion that the same be adopted.
motion for adoption of the order.
prevailed by the following vote:
introduced an order and made a
Commissioner seconded the
The motion, carrying with it the adoption of the order,
Yes No Abstain
Judge Emmett 0 0 0
Comm. Lee 0 0 n
LJ
Comm. Garcia 0 0 0
Comm. Radack 0 0 0
Comm. Eversole 0 0 0
The County Judge thereupon announced that the motion had duly and lawfully carried
and that the order had been duly and lawfully adopted. The order thus adopted follows:
WHEREAS, on or about April 12, 1994, Harris County ("County") and the City of La
Porte ("City") entered into a Lease Agreement for the construction, operation and maintenance of
the fishing pier at the Sylvan Beach Park, hereinafter called "Lease Agreement"; and
WHEREAS, pursuant to the Lease Agreement, the City maintains an escrow account that
is to be used to pay for the repairs to and restoration of the pier in the event of damage or
destruction to the pier; and
WHEREAS, the County and the City intended for the balance in the escrow account to be
maintained in an amount that would produce buying power equivalent to $60,000.00 in the year
1993; and
WHEREAS, after it became apparent that the cost of replacing the pier would exceed the
equivalent of $60,000.00 in the year 1993, the County and the City, on or about October 6, 1998,
entered into an Amendment to Lease Agreement for the purpose of increasing the balance in the
escrow account to an amount that would produce buying power equivalent to $150,000.00 in the
year 1998, and requiring the purchase of insurance by the City to cover any deficiency in such
account; and
WHEREAS, it has become apparent that the cost of replacing the pier would exceed the
buying power equivalent to $150,000.00 in the year 1998; and
WHEREAS, the County and the City desire to increase the balance in the escrow account
to an amount that produces buying power equivalent to $450,000.00 in the year 2007;
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: County Judge Ed Emmett is hereby authorized to execute for and on
behalf of Harris County, a Second Amendment to Lease Agreement by and between Harris
County and the City of La Porte to increase the Sylvan Beach Park public fishing pier escrow
account balance, said Agreement being incorporated herein by reference for all purposes as
though fully set forth word for word.
2
Exhibit #2
Cost Estimate for Pier Replacement
Marine, Inc.
"
FRQrf :
/~
c/
From unknown Page 2/2 Date: 6/20/20079:18:53 AM
F8X NO. : Jun. 20 2007 09:17AM P2
. if L~
MARINE, INC. ,. -
GENERAL CONTRACTOR ~ ;~ ' J 1Y
~~~ I},
402 BAY AVENUE S. - KEMAH, TEXAS 77565 - PHONE (281) 334~1655 - FAX (281) 334-5306 (. I.
June 20, 2007
Steven Barr
Parks & Recreation Department
City of La Porte
Per your request:
Cost estimate to rebuild the existing
fishing pier at Sylvan Beach
$ 262.00 Per Ft.
Add $36.00 per foot to use stainless steel fasteners.
There could be additional cost In debris removal.
Marine, Inc. Cost Estimate for Pier Replacement, Sylvan Beach Pier
June 20, 2007
Cost per foot for pier rebuild
Stainless steel fasteners, per foot
Total estimated cost per linear foot
$262
$36
$298
Length in feet, of Sylvan Beach
Fishing Pier, including T -head
1,150 ft.
Estimated cost, materials and labor,
to replace Sylvan Beach Fishing
Pier
$342,700
Estimate to remove existing pier,
pilings, per Jim Flanagan, Marine,
Inc.; incidental costs.
$100,000
Total Cost, including removal of old
pier and debris
$442,700
D
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Januarv 14.2008
Requested By: Steve Gillett ~~
Department: Public Works
Budl!et
Source of Funds:
UTL934
Account Number: 003-9890-934-1100
Report: X Resolution:
Ordinance:
Amount Budgeted: $350,000
Exhibits: Agreement for Professional Services - Survey
Amount Requested: $ 45,750
Exhibits: Al!reement for Professional Services - Enl!ineering
Budl!eted Item: YES
Exhibits
SUMMARY & RECOMMENDATION
The City of La Porte has selected the firm of LJA Engineering & Surveying, Inc. to survey and
design the rerouting of the water services in the Spenwick area from the rear to the front of the
properties. This will be Phase II of the project to eliminate the deteriorating cast iron pipe from
the rear of the properties in the Spenwick area. Phase I ofthe project to install waterlines in the
front of properties in Spenwick was completed in fiscal year 2006-07.
The Engineering firm designed Phase I of the Spenwick water system upgrade. Additionally, the
firm has experience with rerouting private service lines for public agencies. The agreement with
the Engineer is as follows:
Survey/locate house services $34,000
Preliminary/design Phase 6,350
Bidding Phase 1,700
Construction Phase 3.700
Total Services $45,750
TOTAL SURVEY & ENGINEERING
$45.750
~
bfb
Dat
WA Engineering & Surveying, Inc.
lA
11821 East Freeway
Suite 400
Houston, Texas 77029
Phone 713.450.1300
Fax 713.450.1385
www.ljaengineering.com
December 10, 2007
Mr. Don Pennell
Assistant Director of Public Works
City of La Porte
P.O. Box 1115
La Porte, Texas 77572-1115
Re: Assignment #1 for Engineering Services
City of La Porte
Field Locating Meter & House Connection
Waterline Service Relocation
Spenwick Subdivision
LJA Project E 170-004
Dear Mr. Pennell:
LJA Engineering & Surveying Inc. is pleased to submit this assignment letter to provide engineering
services (field locating proposed water meter and house service connection) for the City of La Porte.
The City desires to relocate existing water services (meter and service line) from the rear of the lots
(old existing waterlines to be abandoned) to front of lots adjoining newly constructed waterlines
within Spenwick Subdivision. Spenwick Subdivision is defined as the area bounded by Spencer
Highway (north), Underwood Road (east), Carlow Lane (south), and Canada Road (west).
Except for the Scope of Services, Basis of Compensation, and Schedule of Work set forth below,
the rights, duties, and obligations of LJA Engineering & Surveying and the City of La Porte shall be
as provided in the attached general services agreement which agreement is otherwise incorporated
herein and made a part of this assignment letter. Acceptance by the City of this assignment letter
shall constitute an amendment to said general services agreement.
The Scope of Services, Basis of Compensation, and Schedule of Work are outlined in the following
paragraphs:
SCOPE OF SERVICES
The scope of services is defined as follows:
BASIC SERVICES
Door Hangers
a.
Develop the appropriate information in English and Spanish for a door
hanger to be placed on resident's door with identification of extent of the
project and soliciting their input as to the location of the proposed meter and
location of the house connection. Indicate to the property owner that the City
will bear all costs associated with the change in service.
Mr. Don Pennell
City of La Porte
December 10, 2007
Page 2
b. Provide door hanger presentation and wording to the city for review and
comment.
c. Finalize and print door hangers.
d. Distribute door hangers within the identified Spenwick Subdivision project
limits.
Homeowner Contact
a. Contact, by site visit, each homeowner to discuss location of the proposed
meter and house connection.
b. Upon consensus with property owner locate (within one to two feet) by GPS
coordinates (utilizing a Garmin Model 76CSX unit to become City property
upon project completion) the proposed meter location and house
connection.
c. Generate a sketch of each property showing meter and house connection.
d. The sketches and data can be reviewed by the City before provision to the
Engineer for incorporation into project documents for the Contractor to
perform.
e. Provide the field information to the Engineer to incorporate data into the
proposed construction project.
EXTRA SERVICES
None
COMPENSATION
LJA Engineering and Surveying Inc. propose the compensation for basic and extra services be
based upon lump sum fee as follows:
BASIC SERVICES
Total Basic Services Cost
$ 34,000.00
EXTRA SERVICES
Total Extra Services Estimated Cost
None
Mr. Don Pennell
City of La Porte
December 10, 2007
Page 3
SCHEDULE
LJA Engineering and Surveying Inc. is prepared to begin work as soon as authorized and proceed
with the work in conjunction with the City's schedule. The work is anticipated to be complete within
sixty calendar days.
LJA Engineering and Surveying Inc. appreciate the opportunity to prepare this assignment letter for
the City. Should you have any questions, please advise.
Very truly yours,
~ ~ 4..'t~
Charles W. Beere, P.E.
Senior Project Manager
eneral Services Contract
ACCEPTED:
~D(l e)01/ Dn\~
TITLE: (' ;~ \/ ~I A ~ AG r1~,
11tH) ~oDi
By:
DATE:
LJA Engineering & Surveying, Inc.
IA
11821 East Freeway
Suite 400
Houston, Texas 77029
Phone 713.450.1300
Fax 713.450.1385
www.ljaengineering.com
December 10, 2007
Mr. Don Pennell
Assistant Director of Public Works
City of La Porte
P.O. Box 1115
La Porte, Texas 77572-1115
Re: Assignment #2 for Engineering Services
City of La Porte
Construction Documents & Exhibits
Waterline Service Relocation
Spenwick Subdivision
LJA Project E 170-005
Dear Mr. Pennell:
LJA Engineering & Surveying Inc. is pleased to submit this assignment letter to provide engineering
services to the City of La Porte. The City desires to relocate existing water services (meter and
service line) from the rear of the lots (old existing waterlines to be abandoned) to front of lots
adjoining newly constructed waterlines within Spenwick Subdivision. Spenwick Subdivision is
defined as the area bounded by Spencer Highway (north), Underwood Road (east), Carlow Lane
(south), and Canada Road (west).
Except for the Scope of Services, Basis of Compensation, and Schedule of Work set forth below,
the rights, duties, and obligations of LJA Engineering & Surveying and the City of La Porte shall be
as provided in the attached general services agreement which agreement is otherwise incorporated
herein and made a part of this assignment letter. Acceptance by the City of this assignment letter
shall constitute an amendment to said general services agreement.
The Scope of Services, Basis of Compensation, and Schedule of Work are outlined in the following
paragraphs:
SCOPE OF SERVICES
The scope of services can be divided into Preliminary and Design Phase, Bidding Phase, and
Construction Phases. The scope of each phase and/or services is defined as follows:
BASIC SERVICES
Preliminary/Design Phase
a. Prepare bid documents, contract documents, technical specifications and
exhibits. Provide two complete sets to the city for review and comment.
b. Prepare and deliver to the city detailed final estimate of probable construction
Mr. Don Pennell
City of La Porte
December 10, 2007
Page 2
cost, bid documents, contract documents, technical specifications and
exhibits for final approval.
c. Assist the City, on a limited basis, with preparation of door hanger wording.
City is to be primary contact for property owner's meter service locations, and
service location between meter and house.
Bidding Phase
a. Assist the City in the pre-qualification of contractors. The pre-qualification
investigation is limited to the investigation of the Contractor's statement of
equipment and experience.
b. Assist the City in obtaining bids. Supply ten sets of Plans and Specifications
for the Contract and Construction sets.
c. Assist in the tabulation and analysis of bids, and furnish recommendations
on the award of the construction contract.
Construction Phase
a. Attend and assist the City in the preconstruction conference.
b. Make periodic visits (only upon request by City), as distinguished from the
continuous services of a resident project representative, to the
construction site. The purpose of the visits is to familiarize generally with the
progress of the work, to determine in general the progress and quality of the
work, and to determine if the work is proceeding in accordance with the
contact documents.
c. Consult with and advise the City during construction. Engineer will issue all
instructions to the contractor requested by the City and prepare, sign and
issue routine change orders for City approval.
d. Review shop, laboratory and mill test of material and equipment and promptly
report to City any deficiencies noted.
e. Review shop and working drawings, furnished by contractors, for compliance
with design concepts and specifications and with the information given by the
contract documents.
f. Generate monthly and final estimates for payments to the contractor based
upon information supplied by the City.
g. Participate in company with the City's representative in a final inspection of
the project.
Mr. Don Pennell
City of La Porte
December 10, 2007
Page 3
EXTRA SERVICES
None
COMPENSATION
LJA Engineering and Surveying Inc. proposes the compensation for the preliminary and design,
bidding, and construction phases be based upon lump sum fee as follows:
BASIC SERVICES
PreliminarylDesign Phase
Bidding Phase
Construction Phase
$ 6,350.00
1,700.00
3,700.00
Total Basic Services Cost
$ 11,750.00
EXTRA SERVICES
Total Extra Services Estimated Cost
None
SCHEDULE
LJA Engineering and Surveying Inc. is prepared to begin work as soon as authorized and proceed
with the work in conjunction with the City's schedule. The preliminary and design phases can be
undertaken concurrently. A draft of the proposed project will be provided to City staff for review
comment within 30 calendar days of receipt of the field locations for water meters and house
connections and the final project can be provided within 30 days of receipt of review comments.
LJA Engineering and Surveying Inc. appreciates the opportunity to prepare this assignment letter for
the City. Should you have any questions, please advise.
Very truly yours,
~~~.~
Charles W. Beere, P.E.
Senior Project Manager
Mr. Don Pennell
City of La Porte
December 10, 2007
Page 4
Attachment:
ral Services Contract
ACCEPTED:
By: ~ D n pO,) OY11~
TITLE: L'I~ d (L1A NA f7f7L
DATE -4k1 ~O() t
AGREEMENT
BETWEEN
OWNER AND ENGINEER
FOR
PROFESSIONAL SERVICES
The State of Texas <
Know All Men by These Presents:
County of Harris <
THIS IS AN AGREEMENT MADE AS OF the ))JJ1-.day oC)~,.Ju.<<.r Y in the year of
J 0 D<{ by and between the City of La Porte (hereinafter called OWNER) and LJA
Engineering & Surveying, Inc. (hereinafter called Consulting ENGINEER). OWNER intends to
retain the services of an ENGINEER for services that may be required by the OWNER within the
jurisdiction of the City, including, but not limited to, public works as found necessary
(hereinafter called the Project).
OWNER AND ENGINEER in consideration of their mutual covenants herein agree in respect of
the performance of professional engineering services by ENGINEER and the payment for those
services by OWNER, as set forth below.
ENGINEER shall serve as OWNER's professional engineering representative in those phases of
the Project as assigned by OWNER and accepted by ENGINEER, and will give consultation and
advice to owner during the performance of his services.
The OWNER, jointly and severally, and the ENGINEER, jointly and severally, bind themselves
to faithfully and fully execute and perform all of the duties and obligations hereof respectively as
OWNER and ENGINEER.
The authorized representative of the ENGINEER in all matters pertaining to this Contract
Document shall be as designated by an Officer of LJA Engineering & Surveying, Inc. The
authorized representative for the OWNER shall be as designated by the City Council.
-1-
SECTION 1 - BASIC SERVICES OF ENGINEER
1.1 General
1.1.1 ENGINEER shall perform professional services as hereinafter stated which include
normal civil, structural, mechanical, electrical engineering services and other Engineering
disciplines as appropriate and normal architectural services incidental thereto.
1.1.2 Advise OWNER of need for services of subcontractors for performance of special
services, as required from time to time during the Project; he shall detail these needs and present
proposals thereon to the OWNER for approval.
1.2 Preliminary Phase- after written authorization to proceed, ENGINEER shall:
1.2.1 Consult with OWNER to determine his requirements for the Project and review available
data.
1.2.2 Attend preliminary conference with the OWNER and other interested parties regarding
the Project.
1.2.3 Prepare a preliminary engineering study and report on the Project in sufficient detail to
indicate generally the problems involved and the alternate solutions available to the OWNER, to
include preliminary layouts, and engineer's estimate of probable construction cost for the Project,
and to set forth clearly the ENGINEER's recommendations.
1.2.4 Review reports of previous engineering studies made for the OWNER pertaining to this
Project, collect other relevant data including existing facilities. ENGINEER shall analyze such
data and OWNER's needs and shall generate alternative plans to physically satisfy the OWNER's
needs. Detailed cost analysis shall be made of each alternative and benefits analyzed and
-2-
quantified where practical. A report of these studies and the ENGINEER's recommendations
thereon shall be prepared. The ENGINEER will furnish sufficient copies of the report, present,
and review it in person with the OWNER.
1.3 Design Phase- after written authorization to proceed with the design phase, ENGINEER
shall:
1.3.1 On the basis of the accepted preliminary documents prepare for incorporation in the
contract documents, final drawings to show the character and scope of the work to be performed
by contractors on the Project and specifications.
1.3.2 Establish the scope of any soil and foundation investigations or any special surveys and
tests which, in the opinion ofthe ENGINEER, may be required for design; arrange for such work
to be done for the OWNER's account.
1.3.3 Furnish to the OWNER, where required by the circumstances of the assignment, the
engineering data necessary for applications for routine permits by local, state, and federal
authorities (as distinguished from detailed applications and supporting documents for
government grants-in-aid, or for planning advances).
1.3.4 Prepare detailed specifications and contract drawings, in pencil or ink on paper or plastic
film, for construction authorized by the OWNER.
1.3.5 Prepare detailed cost estimates of authorized construction. The ENGINEER shall not be
required to guarantee the accuracy of these estimates.
1.3.6 Furnish to the OWNER all necessary copies of approved plans, specifications, notices to
bidders, and proposal forms. All sets of plans in excess of agreed number are to be paid for
separately.
-3-
1.4 Bid and Negotiation Phase- after written authorization to proceed with the Bid and
Negotiation Phase, ENGINEER shall:
1.4.1 Assist the OWNER in the advertisements of the project for bids.
1.4.2 Respond to questions regarding the project during the bidding process. If required, issue
addendums to clarify any questions regarding the project.
1.4.3 Conduct a Pre-bid Conference between the ENGINEER, prospective bidders, suppliers,
etc., to make certain that the scope of the work is fully understood.
1.4.4 Assist the OWNER in the opening of bids for construction of the project. Tabulate and
evaluate bids, and prepare a recommendation letter for OWNER action.
1.4.5 Prepare final contract documents for execution by the Contractor and the OWNER.
1.5 Construction Phase- after written authorization to proceed with the Construction Phase,
ENGINEER shall:
1.5.1 Consult with and advise OWNER as to the acceptability of subcontractors and other
persons and organizations proposed by the prime Contractor( s) [hereinafter called "Contractor( s)]
for those portions of the work as to which such acceptability is required by the contract
documents.
1.5.2 Consult with and advise OWNER as to the acceptability of substitute materials and
equipment proposed by Contractor(s) when substitution is permitted by the contract documents.
1.5.3 Consult with and advise OWNER and act as his representative as provided in the
-4-
Standard General Conditions of the Construction Contract, the extent and limitations of the
duties, responsibilities and authority of ENGINEER as assigned in said Standard General
Conditions shall not be modified without ENGINEER's written consent; all of OWNER's
instructions to Contractor(s) will be issued through ENGINEER who will have authority to act
on behalf of 0 WNER to the extent provided in said Standard General Conditions except as
otherwise provided in writing.
1.5.4 Make periodic visits as required by the OWNER to the site to observe, as an experienced
and qualified design professional, the progress and quality of the executed work and to determine
in general if the work is proceeding in accordance with the contract documents; he shall not be
required to make exhaustive or continuous on site inspections to check the quality or quantity of
work; periodic visits shall be a maximum of two (2) per month, additional site visits will be
considered as Additional Services per Section 2; he shall not be responsible for the means,
methods, techniques, sequences or procedures of construction selected by Contractor(s) or the
safety precautions and programs incidental to the work of Contractor( s). His efforts will be
directed toward ascertaining and determining for OWNER that the completed Project will
conform to the Contract Documents, but he shall not be responsible for the failure of
Contractor(s) to perform the construction work in accordance with the contract documents.
During such visits and on the basis of his onsite observations he shall keep OWNER informed of
the progress of the work, shall endeavor to guard OWNER against defects and deficiencies in the
work ofContractor(s) and may disapprove or reject work as failing to conform to the contract
documents. ENGINEER shall attend all District meetings as required during the construction
phase.
1.5.5 Review and approve shop drawings (as that term is defined in the Standard General
Conditions) and samples, the results of tests and inspections and other data which any Contractor
is required to submit, but only for conformance with the design concept of the Project and
compliance with the information given in the contract documents; determine the acceptability of
substitute materials and equipment proposed by Contractor(s); and receive and review (for
-5-
general content as required by the specifications) maintenance and operating instructions,
schedules, guarantees, bonds, and certificates of inspection which are to be assembled by
Contractor(s) in accordance with the contract documents.
1.5.6 Issue all instruction of OWNER to Contractor(s); prepare routine change orders as
required; he may, as OWNER's representative, require special inspection or testing of the work;
he shall act as interpreter of the requirements of the contract documents and judge of the
performance thereunder by the parties thereto and shall make decisions on all claims of OWNER
and Contractor(s) relating to the execution and progress of the work and all other matters and
questions related thereto; but ENGINEER shall not be liable for the results of any such
interpretations or decisions rendered by him in accordance with accepted engineering practices,
procedures, and design criteria.
1.5.7 Based on his onsite observations as an experienced and qualified design professional and
on his review of Contractor( s) applications for payment and the accompanying data and
schedules, determine the amounts owing to Contractor(s) and approve in writing payments to
Contractor(s) in such amounts; such approvals of payment will constitute a representation to
OWNER, based on such observation and review, that the work has progressed to the point
indicated and that, to the best of his knowledge, information and belief, the quality of the work is
in accordance with the contract documents (subject to the evaluation of the work as a functioning
Project upon substantial completion, to the results of any subsequent tests called for in the
contract documents, and to any qualifications stated in his approval), but by approving an
application for payment ENGINEER will not be deemed to have represented that he has made
any examination to determine how or for what purposes any Contractor has used the moneys paid
on account of the contract price, or that title to any of the Contractor(s) work, materials or
equipment has passed to OWNER free and clear of any lien, claims, security interests or
encumbrances.
1.5.8 Provide, from the field prints maintained by the ENGINEER's Resident Project
-6-
Representative and information supplied to ENGINEER from Contractor, one set of record
drawings. These shall be reproducibles and shall be delivered within three months of completion
of last construction contract.
1.5.9 Conduct an inspection to determine if the Project is substantially complete and final
inspection to determine if the Project has been completed in accordance with the contract
documents and if each Contractor(s) has fulfilled all of his obligations thereunder so that
ENGINEER may approve, in writing, final payment to each Contractor.
1.5.10 Services after completion of the construction phase, such as inspections during any
guaranteed period and reporting observed discrepancies under guarantees called for in any
contract for the Project.
1.5.11 ENGINEER shall act as the OWNER's agent in obtaining necessary routine approvals and
routine permits from all governmental authorities having jurisdiction over the Project and such
approvals and consents from others as may be necessary for completion of the Project. Routine
permits include items such as highway or road crossings but do not include items requiring
services in addition to design, such as Waste Discharge Permit, Corps of Engineers Permit,
Environmental Impact Statements, et cetera.
SECTION 2 - ADDITIONAL SERVICES OF ENGINEER
2.1 General. If authorized in writing in separate instrument, by OWNER, ENGINEER shall
furnish or obtain from others, additional services of the following types which are not considered
normal or customary basic services; these will be additionally paid for by OWNER as indicated
in Section 5.
2.1.1 Services resulting from significant changes in general scope of the Project or its design
-7-
including, but not limited to, changes in size, complexity, OWNER's schedule, or character of
construction; and revising previously accepted studies, reports, design documents or contract
documents when such revisions are due to causes beyond ENGINEER's control.
2.1.2 Provide master plans, planning, studies, reports, as-built/record drawings, renderings or
models and/or other services for OWNER's use.
2.1.3 Preparing documents for alternate bids requested by OWNER for work that is not
executed or documents for out-of-sequence work.
2.1.4 Investigations involving detailed consideration of operations, maintenance, and overhead
expenses; and the preparation of rate schedules, earnings and expense statements, feasibility
studies, appraisals, and valuations; detailed quantity surveys of material, equipment and labor;
and audits or inventories required in connection with construction performance by OWNER.
2.1.5 Furnishing the services of special consultants for other than the normal civil, structural,
mechanical and electrical engineering and normal architectural design incidental thereto such as
consultants for interior design, selection of furniture and furnishings, communications,
(excluding instrumenting incidental to Project), acoustics, kitchens, and landscaping.
2.1.6 Services resulting from the involvement of more separate prime contract for construction
or for equipment than are contemplated.
2.1.7 Services in connection with change orders to reflect changes in the work which increase
the contract price if the resulting change in compensation for basic services is not commensurate
with the additional services rendered, and services resulting from significant delays; changes or
price increases occurring as a direct or indirect result of material, equipment or energy shortages.
Deductive change orders shall not diminish the compensation.
-8-
2.1.8 Services during out-of-town travel required of ENGINEER other than visits to the Project
site as required by Section 1 or the state agencies to solicit permits.
2.1.9 Additional or extended services during construction made necessary by (1) work damaged
by fire or other cause during construction, (2) a significant amount of defective or neglected work
of any Contractor, (3) prolongation of the contract time of any prime Contractor by more than
sixty days, (4) acceleration of the work schedule involving services beyond normal working
hours, and (5) default by any Contractor. The cost for these services will be negotiated should
the need arise.
2.1.10 Preparing to serve or serving as a consultant or witness for OWNER in any litigation.
2.1.11 Additional services in connection with the Project, including services normally furnished
by OWNER and services not otherwise provided for in this Agreement.
2.1.12 Services as right-of-way agent for the OWNER.
2.1.13 Services furnished by others on a subcontract basis to the ENGINEER; subject to prior
approval of the OWNER.
2.1.13.1 The services of a Registered Public Surveyor for property, boundary, easement,
right-of-way, topographic, control points, and utility surveys and property descriptions.
2.1.13.2 Materials testing services, in one or more subcontractors.
2.1.13.3 Professional interpretations of the material testing results.
2.1.14 Title search services.
-9-
2.2 Resident services during construction.
2.2.1 If requested by OWNER or recommended by ENGINEER and agreed to in writing by the
OWNER, a Resident Project Representative and assistants will be furnished and will act as
directed by ENGINEER in order to provide more extensive representation at the Project site
during the construction phase. OWNER will pay for such services as indicated in paragraph
5.1.4.4.
2.2.2 Through more extensive onsite observations of the work in progress and field check of
materials and equipment by the Resident Project Representative (if furnished) and assistants,
ENGINEER shall endeavor to provide further protection for OWNER against defects and
deficiencies in the work, but the furnishing of such Resident Project Representation will not
make ENGINEER responsible for construction means, methods, techniques, sequences or
procedures or for safety precautions or programs, or for Contractor(s) failure to perform the
construction work in accordance with the contract documents.
2.2.3 The Resident ENGINEER and any assistants shall be subject to approval by the OWNER
and subject to an interview with OWNER's representative for determination of qualifications.
The OWNER shall have the right to order removal of an ENGINEER representative from the
work for stated cause provided one week's notice is given.
SECTION 3 - OWNER'S RESPONSIBILITIES
3.1 Provide full information as to his requirements for the Project.
3.2 Assist ENGINEER by placing at his disposal all available information pertinent to the
Project including previous reports and any other data relative to design and construction of the
-10-
Project. ENGINEER may rely on the accuracy and veracity of said information reports and data
supplied by OWNER without independently verifying same.
3.3 Guarantee access to and make all provisions for ENGINEER to enter upon public and
private property as required for ENGINEER to perform his services.
3.4 Examine all studies, reports, sketches, drawings, specifications, proposals and other
documents presented by ENGINEER, obtain advice of an attorney, insurance counselor and other
consultants as he deems appropriate for such examination and render in writing decisions
pertaining thereto within a reasonable time so as not to delay the services of ENGINEER.
3.5 Provide such legal, accounting, independent cost estimating and insurance counseling
services as may be required for the Project, and such auditing service as OWNER may require to
ascertain how or for what purpose any Contractor has used the moneys paid to him under the
construction contract and render in writing decisions pertaining thereto within a reasonable time
so as not to delay the services of ENGINEER.
3.6 Designate in writing a person to act as OWNER's representative with respect to the work
to be performed under this Agreement. Such person shall have complete authority to transmit
instructions, receive information, interpret and define OWNER's policies and decisions with
respect to materials, equipment, elements and systems pertinent to ENGINEER's services.
3.7 Furnish, or direct ENGINEER to provide, necessary additional services as stipulated in
Section 2 of this Agreement or other services as required.
3.8 Bear all costs incident to compliance with the requirements of this Section.
-11-
SECTION 4 - PERIOD OF SERVICE
4.1 The provisions of 4.2 through 4.8, inclusive, and the various rates of compensation for
ENGINEER's services provided for elsewhere in this Agreement have been agreed to in
anticipation of the orderly and continuous progress of the Project through completion of the
construction phase. ENGINEER's obligation to render services hereunder will extend for a
period that may reasonably be required for the design, award of contracts and construction of the
Project including extra work and required extensions thereto.
4.2 The services called for in the preliminary phase will be completed and the report
submitted within a reasonable time following the authorization to proceed with that phase of
servIces.
4.3 After acceptance by OWNER of the preliminary documents and revised opinion of
probable Project cost, indicating any specific modifications of changes in scope desired by
OWNER, and upon written authorization from OWNER, ENGINEER shall proceed with the
performance of the service called for in the design phase, so as to deliver contract documents and
a revised opinion of probable Project cost for all authorized work on the Project within a
reasonable time after the authorization to proceed with that phase of services.
4.4 ENGINEER's services under the preliminary phase and design phase shall each be
considered complete when OWNER has accepted the submissions for the phases.
4.5 After acceptance by OWNER of the contract documents and ENGINEER's most recent
opinion of probable Project cost and upon written authorization to proceed, ENGINEER shall
proceed with performance of the services called for in the construction phase. The design phase
shall terminate and the services to be rendered thereunder shall be considered complete upon
commencement of the construction phase or upon cessation of negotiations with Contractor(s).
-12-
4.6 The construction phase will commence with the advertisement ofthe Project or any part
thereof, and will terminate upon written approval by ENGINEER of final payment on the last
prime contract to be completed. Construction phase services may be rendered at different times
in respect of separate prime contracts if the Project involves more than one prime contract.
4.7 In the event that the work of the Project is to be performed under more than one prime
contract, OWNER and ENGINEER shall, prior to commencement of the design phase, develop a
schedule for performance of ENGINEER's services during the design and construction phases in
order to sequence and coordinate properly such services as applicable to the work under such
separate contracts. This schedule is to be prepared whether or not the work under such contracts
is to proceed concurrently.
4.8 If OWNER has requested significant modifications or changes in the scope of the Project,
the time of performance of ENGINEER's services shall be adjusted appropriately.
4.9 If OWNER fails to give prompt written authorization to proceed with any phase of
services after completion of the immediately preceding phase, or if the construction phase has not
commenced within sixty calendar days after completion of the design phase, ENGINEER may,
after giving seven days notice to OWNER, suspend services under this Agreement.
4.10 If ENGINEER's services for design or during construction of the Project are delayed or
suspended in whole or in part by OWNER for more than three months for reasons beyond
ENGINEER's control, ENGINEER shall on written demand to OWNER (but without termination
of this Agreement) be paid as provided in Section 5 for services delayed or suspended. If such
delay or suspension extends for more than one year for reasons beyond ENGINEER's control, or
if ENGINEER for any reason is required to render services more than one year after substantial
completion, the various rates of compensation provided for elsewhere in this Agreement shall be
subject to renegotiation.
-13-
4.11 TERMINATION/SUSPENSION: Either party may terminate this Agreement upon thirty
(30) days written notice to the other party. The OWNER shall pay ENGINEER for all Services
actually rendered prior to termination. Copies of all completed or partially completed designs,
drawings, specifications, reports or any other document prepared by ENGINEER pursuant to this
Agreement shall be delivered to the OWNER within fourteen (14) days of the effective date of
termination, at no additional cost to the OWNER. In the event either party defaults in its
obligations under this Agreement (including the OWNER's obligation to make the payments
required hereunder), the non-defaulting party may suspend performance under this Agreement
after seven (7) days written notice stating its intention to suspend performance under this
Agreement if sure of such default is not commenced and diligently continued.
SECTION 5 - PAYMENTS TO ENGINEER
5.1 Compensation for all services by the ENGINEER shall be in accordance with one of the
methods outlined below and specifically noted in each written assignment detailed in accordance
with this agreement.
5.1.1 Percentage of Construction
5.1.1.1 In this method of arriving at the ENGINEER's compensation, the fee shall be based on a
mutually agreed fee percentage of the construction cost or ENGINEER's estimate of probable
construction cost. The fee is obtained by multiplying the fee percentage by the construction cost.
5.1.1.2 For project( s) that involve a greater degree of complexity, utilities coordination and
design consideration, such as work within existing treatment facilities, the percentage shall also
be multiplied by an adjustment factor as mutually agreed by the OWNER and ENGINEER.
-14-
5.1.1.3 When the entire Project is awarded on the basis of multiple contracts, fee percentage for
the additional effort for entire Project may be adjusted. Both parties recognize that it may be
advantageous to divide the Project into two or more parts for bidding construction.
5.1.2 Salary cost times a multiplier plus direct non-salary expenses.
5.1.2.1 In this method of arriving at the ENGINEER's compensation, the salaries to be used shall
be the current hourly salary of the individual(s) engaged in performing the service for the
OWNER.
5.1.2.2 The total compensation under this method shall be the product of the salary cost in
performing the service for the OWNER times 2.50 multiplier.
5.1.2.3 Direct non-salary expenses such as travel, subsistence, materials purchased, tests
required, and special miscellaneous needs shall be invoiced at cost times a multiplier of 1.10.
5.1.2.4 ENGINEER's direct labor costs and the factor applied in determining compensation
payable to ENGINEER will be reviewed by OWNER and ENGINEER annually. If approved by
OWNER the labor costs and/or factor shall be adjusted.
5.1.3 Lump Sum Charge
5.1.3.1 This method of arriving at the ENGINEER's compensation may be used where it is
possible to define with reasonable accuracy the scope of the work to be performed.
5.1.3.2 The lump sum is determined by applying an appropriate percentage of the estimated
construction cost of the Project; this approach is justified only on design type Project of
conventional characteristics.
-15-
5.1.4 Additional Services. OWNER shall pay ENGINEER for additional services rendered
under Section 2 as follows:
5.1.4.1 General. For additional services rendered under paragraphs 2.1.1 through 2.1.14,
inclusive (except services covered by paragraph 2.1.5 and services as a consultant of witness
under paragraph 2.1.10, on the basis of salary) cost times a factor of 2.5 for services rendered by
principal and employees assigned to the Project.
5.1.4.2 Special Consultants. For services and reimbursable expenses of special consultants and
subcontractors (surveyors, testing labs) employed by ENGINEER pursuant to paragraph 2.1.5 or
2.1.14, the amount billed to ENGINEER therefore times a factor of 1.10.
5.1.4.3 Serving as a witness. For the services of the principal and employees as consultants or
witnesses in any litigation, hearing or proceeding in accordance with paragraph 2.1.10, at the rate
of $750 per day or any portion thereof (but compensation for time spent in preparing to appear in
any such litigation, hearing or proceeding will be on the basis provided in paragraph 5.1.4.1).
5.1.4.4 Resident project services. For resident services during construction furnished under
paragraph 2.2.1, on the basis of salary costs times a factor of 2.5 for services rendered by
principals and employees assigned to field offices in connection with Resident Project
Representation.
5.1.5 Reimbursable Expenses. In addition to payments provided for in paragraph 5.1.4,
OWNER shall pay ENGINEER the actual costs of all reimbursable expenses incurred in
connection with all additional services except those services provided in 5.1.4.4.
5.1.6 As used in this paragraph 5.1, the terms "construction cost", "salary costs" and
"reimbursable expenses" will have the meanings assigned to them in paragraphs 5.3.1, 5.3.2, and
5.3.3.
-16-
5.2 Times of Payment.
5.2.1 ENGINEER shall submit monthly statements for basic and additional services rendered
and for reimbursable expenses incurred. When compensation is on the basis of a lump sum or
percentage of construction cost, the statements will be based upon ENGINEER's estimate ofthe
proportion of the total services actually completed at the time of billing. Otherwise, these
monthly statements will be based upon ENGINEER's salary cost times a factor. OWNER shall
make prompt monthly payments in response to ENGINEER's monthly statements.
5.2.2 Where compensation for basic services is on the basis of a lump sum or percentage of
construction cost, OWNER shall, upon conclusion of each phase of basic services, pay such
additional amount, if any, as may be necessary to bring total compensation paid on account of
such phase to the following percentages of total compensation for all phases of basic services.
Of the total fees due, the percentages to be paid under the various phases of work are as follows:
preliminary phase 30%, design phase 53%, bid and negotiation phase 2% and construction phase
15%. The OWNER shall approve invoices on a monthly basis for work performed under the
basic service fee and also for special services rendered. The OWNER will promptly pay monthly
invoices as submitted by the ENGINEER in accordance with this Agreement.
5.3 General
5.3.1 The construction cost of the entire Project (herein referred to as "construction cost")
means the total cost of the entire Project to OWNER, but it will not include ENGINEER's
compensation and expenses, the cost of land, rights-of-way, or compensation for or damages to
properties unless this Agreement so specifies, nor will it include OWNER's legal, accounting,
insurance counseling or auditing services, or interest and financing charges incurred in
connection with the Project. When construction cost is used as a basis for payment, it will be
based on one of the following sources with precedence in the order listed:
-17-
5.3.1.1 For completed construction, the total cost of all work performed (excluding work by
OWNER) as designed or specified by ENGINEER; the total cost shall include all added change
order costs. No deduction from ENGINEER's fee shall be made for deductive change orders.
5.3.1.2 For work not constructed, the lowest bona fide bid received from a qualified bidder for
such work; or if the work is not bid, the ENGINEER's final estimate of probable cost shall be
used as basis for payment.
5.3.1.3 For work for which no such bid or proposal is received, ENGINEER's most recent
opinion of probable project cost. Labor furnished by OWNER for the Project will be included in
the construction cost at current market rates including a reasonable allowance for overhead and
profit. Materials and equipment furnished by OWNER will be included at current market prices
except used materials and equipment will be included as if purchased new for the Project. No
deduction is to be made from ENGINEER's compensation on account of any penalty, liquidated
damages, or other amounts withheld from payments to Contractor(s).
5.3.2 The "salary costs" used as a basis for payment mean the salaries and wages paid to all
personnel engaged directly on the Project, including, but not limited to, engineers, architects,
survey men, designers, draftsmen, specification writers, estimators, other technical personnel,
stenographers, typists and clerks; plus the cost of customary and statutory benefits including, but
not limited to, social security contributions, unemployment, excise and payroll taxes, workmen's
compensation, health and retirement benefits, sick leave, vacation and holiday pay applicable
thereto. For the purposes of this agreement the amount of customary and statutory benefits of all
other personnel will be considered equal to 40% of salaries and wages.
5.3.3 Reimbursable expenses mean the actual expenses incurred directly or indirectly in
connection with services provided under 5.1.4 (excluding 5.1.4.4) ofthe Project for:
transportation and subsistence incidental thereto; obtaining bids or proposals from Contractor(s);
-18-
toll telephone and similar related items in addition to those required under Section 1; computer
time including an appropriate charge for previously established programs; and, if authorized in
advance by OWNER, overtime work requiring higher than regular rates.
5.3.4 If OWNER fails to make payment for monthly invoices due ENGINEER for services and
expenses within 30 days after receipt of ENGINEER's bill; therefore, the amounts due
ENGINEER shall include a charge at the rate of 1.5 percent per month from said 30th day, and in
addition ENGINEER may, after giving 7 days' written notice to OWNER, suspend services under
this Agreement until he has been paid in full all amounts due him for services and expenses,
except where detailed in paragraph 5.2.1. If contract is terminated by reason of nonpayment of
fees as set out in this paragraph, a lump sum payment will be made for all salary costs times a
factor of2.5 and all direct expenses times a factor of 1.10. This stipulation is applicable to
payments due ENGINEER during the Project period.
5.3.5 Included in the basic fee are the following miscellaneous expenses such as but not limited
to telephone, reproduction, printing, et cetera, that are related to performance of basic services.
SECTION 6 - GENERAL CONSIDERATIONS
6.1 Re-use of documents. All documents including drawings and specifications furnished by
ENGINEER pursuant to this Agreement are instruments of his services in respect of the Project.
They are not intended or represented to be suitable for re-use by OWNER or others on extensions
of the Project or on any other Project. Any re-use without specific written verification or
adaptation by ENGINEER will be at OWNER's sole risk and without liability or legal exposure
to ENGINEER, and OWNER shall indemnify and hold harmless ENGINEER for all claims,
damages, losses and expenses including attorney's fee arising out of or resulting there from. Any
such verification or adaptation will entitle ENGINEER to further compensation at rates to be
agreed upon by OWNER and ENGINEER.
-19-
6.2 Estimate of Cost.
6.2.1 Since ENGINEER has no control over the cost of labor, materials or equipment, or over
the Contractor(s) methods of determining prices, or over competitive bidding or market
conditions, his opinions of probable Project cost or construction cost provided for herein are to
be made on the basis of his experience and qualifications and represent his best judgment as a
design professional familiar with the construction industry, but ENGINEER cannot and does not
guarantee that proposals, bids or the construction cost will not vary from opinions of probable
cost prepared by him. Ifprior to the bidding or negotiating phase, OWNER wishes greater
assurance as to the construction cost, he shall employ an independent cost estimator as provided
in paragraph 3.6.
6.3 Arbitration.
6.3.1 All claims, counter claims, disputes and other matters in question between the parties
hereto arising out of or relating to this Agreement or the breach thereof will be decided by
arbitration in accordance with the construction industry arbitration rules of the American
Arbitration Association then obtaining, subject to the limitations stated in paragraphs 6.3.3 and
6.3.4 below. This Agreement so to arbitrate and any other Agreement or consent to arbitrate
entered into in accordance therewith as provided below, will be specifically enforceable under
the prevailing law of any court having jurisdiction.
6.3.2 Notice of demand for arbitration must be filed in writing with the other parties to this
Agreement and with the American Arbitration Association. The demand must be made within a
reasonable time after the claim, dispute or other matter in question has arisen. In no event may
the demand for the arbitration be made after the time when institution of legal or equitable
proceedings based on such claim, dispute, or other matter in question would be barred by the
applicable statute of limitations.
-20-
6.3.3 All demands for arbitration and all answering statements thereto which include any
monetary claim must contain a statement that the total sum or value in controversy as alleged by
the party making such demand or answering statement is not more than $200,000 (exclusive of
interest and costs). The arbitrators will not have jurisdiction, power, or authority to consider, or
make findings (except in denial of their own jurisdiction) concerning any claim, counter claim
dispute, or other matter in question where the amount in controversy thereof is more than
$200,000 (exclusive of interest and costs) or to render a monetary award in response thereto
against any party which totals more than $200,000 (exclusive of interest and costs).
6.3.4 No arbitration arising out of, or relating to, this Agreement may include by consolidation,
jointer, or in any other manner, any additional party not a party to this Agreement.
6.3.5 By written consent signed by all the parties to this Agreement and containing a specific
reference hereto, the limitations and restrictions contained in paragraphs 6.3.3 and 6.3.4 may be
waived in whole or in part as to any claim, counter claim, dispute, or other matter specifically
described in such consent. No consent to arbitration in respect of a specifically described claim,
counter claim, dispute, or other matter in question will constitute consent to arbitrate any other
claim, counter claim, dispute or other matter in question which is not specifically described in
such consent or in which the sum or value in controversy exceeds $200,000 (exclusive of interest
and costs) or which is with any party not specifically described therein.
6.3.6 The award rendered by the arbitration will be final, no subject to appeal and judgment
may be entered upon it in any court having jurisdiction thereof.
6.4 Successors and assigns. OWNER and ENGINEER each binds himself and his partners,
successors, executors, administrators, and assigns to the other party of the Agreement and to the
partners, successors, executors, administrators, and assigns of such other party in respect to all
covenants of this Agreement; except as above, neither OWNER nor ENGINEER shall assign,
-21-
sublet, or transfer his interest in this Agreement without the written consent of the other.
Nothing herein shall be construed as creating any personal liability on the part of any officer or
agent of any public body that may be a party hereto, nor shall it be construed as giving any rights
or benefits hereunder to anyone other than OWNER or ENGINEER.
SECTION 7 - SPECIAL PROVISIONS
7.1 OWNER and ENGINEER agree that this Agreement is subject to the following special
provisions which together with the provisions hereof and the exhibits and schedules hereto
represent the entire Agreement between OWNER and ENGINEER: they may only be altered,
amended or repealed by a duly executed written instrument.
7.1.1 The OWNER shall have right of approval and removal of Resident Project
Representative.
7.1.2 The OWNER shall receive written copies of all correspondence from the ENGINEER
related to the Project including daily construction progress reports.
7.1.3 ENGINEER shall have final responsibility for maintaining and preparing accurate record
drawings of all construction; said record drawings will be based on information supplied by
Contractor. Record drawings will be submitted to the OWNER (originals or sepias) within three
months after completion of construction contracts.
7.1.4 Both parties recognize that it may be advantageous to divide the Proj ect into two or more
parts for bidding and construction.
7.1.5 The Engineer agrees to carry out and perform the services herein agreed to in a
professional and competent manner exercising usual degree of care and judgment of an ordinarily
-22-
prudent Engineer in the same or similar circumstances and conditions.
7.1.6 Insurance: ENGINEER shall procure and maintain throughout the term of this
Agreement standard insurance policies with their respective minimum coverage amounts as
follows:
7.1.6.1 Commercial General Liability (CGL)
General Aggregate: $1,000,000.00
Products & Completed Operations: $1,000,000.00
Personal & Advertising Injury: $1,000,000.00
Per Occurrence: $500,000.00
7.1.6.2 Automobile Liability
Combined Single Limits: $1,000,000.00
a. Coverage for "Any Auto."
7.1.6.3 Workers' Compensation Insurance
Statutory Limits
Employer's Liability $500,000.00
7.1.6.4 Errors & Omissions (E & 0)
Limit: $500,000.00
7.1.7 ENGINEER shall indemnify and hold harmless OWNER from loss, cost, expense, or
liability that the OWNER may incur or suffer as a result of any infringement incurred by a
decision made by the ENGINEER ofthe patent or copyright laws of the United States or other
country for which the OWNER is held liable.
ENGINEER shall protect, indemnify and save the OWNER harmless from and against all claims,
-23-
losses, damages, and causes of action, suits and liability of any kind and character including all
expenses oflitigation, court costs and reasonable attorney's fees on account of injuries or
damages to any person or property in any way arising out or relating to the work under this
agreement caused by or resulting from the intentional, willful, or negligent acts or omissions by
ENGINEER, anyone directly or indirectly employed by ENGINEER or anyone for whose acts
ENGINEER may be liable.
-24-
7.1.8 It is hereby declared to be the intent of the maker hereof to create and covenant each
separate provision hereof independently in its operative effect of all other provisions, and the fact
that any article, section, paragraph, sentence, clause, word or part of this instrument shall be
declared invalid or unconstitutional by final judgment of any court of competent jurisdiction shall
in no event effect any other article, section, paragraph, sentence, clause, word, or part of this
instrument, and it is hereby declared to be the intent of the maker hereof to have created and
covenanted each article, section, paragraph, sentence, clause, word, or part thereof irrespective of
the fact that any other article, section, paragraph, sentence, clause, word or part thereof may be
thus declared invalid or unconstitutional.
IN WITNESS WHEREOF the parties hereto have made and executed this Agreement as of the
year first above written.
ENGINEER:
LJA ENGINEERING & SURVEYING, INC.
\ Ron Bottoms
City Manager
Byf4! tit ~
John S. CargIll
Vice President
By:
ATTEST:
BY~~
Martha Gillette
City Secretary
By:
arrell Morrison,
Vice President
APPROVED AS TO FORM:
By:
a~-r ~ ~r-
Knox Askins /
City Attorney
(Seal)
-25-
E
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: January 14,2008
Requested By: Michael Dolby cf)---
Department: Finance
Report:
Ordinance:
xx
Resolution:
Exhibits: Ordinance 2007-3024-D
Exhibits: Excerpt from FY 2008 Adopted Budget
& Amended Budget (Exhibit A & B)
Source of Funds: N/A
Appropriation
Account Number: N/A
Amount Budgeted: N/A
Amount Requested: N/A
Budgeted Item: YES
NO
Exhibits: Explanations / Backup for Amendment
SUMMARY & RECOMMENDATION
The City Council adopted the Fiscal Year 2007-08 Budget on August 27, 2007.
The Summary of Funds, which is shown below, represents the amendments which council previously approved to
the FY 2007-08 Budget. (*denotes funds with current changes)
General Fund
Grant Fund
Street Maintenance Sales Tax Fund
Community Investment
Hotel/Motel Occupancy Tax
La Porte Development Corporation
Tax Increment Reinvestment Zone
Utility
Sylvan Beach
Airport
La Porte Area Water Authority
Golf Course
Motor Pool
Insurance Fund
Technology Fund
General Capital Improvement
Utility Capital Improvement
Sewer Rehabilitation Capital Improvement
2000 General Obligation Bond Fund
2005 Certificate of Obligation Bond Fund
2006 General Obligation Bond Fund
2007 Certificate of Obligation Bond Fund
Transportation & Other Infrastructure Fund
General Debt Service
Utility Debt Service
La Porte Area Water Authority Debt Service
Total of All Funds
Previously
Original Budget Amended Budget
$ 30,010,812
1,036,356
1,004,178
233,120
556,540
971,565
1,600,185
8,038,354
274,158
23,396
1,717,760
1,304,138
1,529,323
4,881,080
1,211,065
955,000
935,000
350,000
54,465
60,000
49,478
305,261
200,000
3,477,278
479,105
758,531
$ 62,016,148
$ 30,043,016
1,053,296
1,004,178
233,120
556,540
971,565
1,600,185
8,038,354
274,158
23,396
1,717,760
1,304,138
1,756,727
4,881,080
1,221,865
971,538
935,000
350,000
54,465
60,000
49,478
305,261
200,000
3,477,278
479,105
758,531
$ 62,320,034
Proposed
Amended Budget
$ 30,044,216 *
1,068,648 *
1,004,178
233,120
556,540
971,565
1,600,185
8,038,354
274,158
23,396
1,717,760
1,304,138
1,756,727
4,881,080
1,221,865 *
991,538 *
935,000
350,000
54,465
60,000
49,478
305,261
200,000
3,477,278
479,105
758,531
$ 62,356,586
Action ReQuired bv Council:
Adopt Ordinance Amending Fiscal Year 2007-08 Budget for:
A. $1,200 in the General Fund for a donation received from Shell Pipeline. The donation will be used for a
taser and taser cartridges in the Police Department Support Services Division.
B. $15,352 in the Grant Fund for the purchase of spring animals for various park zones and roof repair for the
Little Cedar Bayou Concession (Park Zone 9). The funds will come from the Park Zone Reserve
Accounts.
C. $20,000 in the General CIP Fund for the third phase of the Pond to Park project based on the agreement
between the City and the Fairmont Park East Homeowner's Association.
Date
'/1 /08
ORDINANCE NO. 2007-3024-0
AN ORDINANCE APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY OF LA PORTE,
TEXAS, FOR THE PERIOD OF OCTOBER 1,2007 THROUGH SEPTEMBER 30, 2008; FINDING THAT
ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND
PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the Charter of the City of La Porte, Texas, and the Statutes of the State of Texas, require that
an annual budget be prepared and presented to the City Council of the City of La Porte, Texas, prior to the
beginning of the fiscal year of said City, and that a public hearing be held prior to the adoption of said
Budget; and
WHEREAS, the Budget for the fiscal year October 1,2007, through September 30,2008, has heretofore
been presented to the City Council and due deliberation had thereon, was filed in the office of the City
Secretary on July 23,2007, and a public hearing scheduled for August 27,2007 was duly advertised and
held.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
SECTION 1: That the Budget for the City of La Porte, Texas, now before the said City Council for
consideration, a complete copy of which is on file with the City Secretary and a summary of which is
attached hereto by reference as Exhibit "A", is hereby amended as reflected on the amended budget
summary document, attached hereto by reference as Exhibit "B", as the Budget for the said City of La
Porte, Texas, for the period of October 1,2007, through September 30,2008.
SECTION 2: Be it FURTHER ORDAINED, that the said City Council finds that all things requisite and
necessary to the adoption of said Budget have been performed as required by charter or statute.
SECTION 3: 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 4: This Ordinance shall be in effect from and after its passage and approval.
PASSED AND APPROVED this the 11'day of J/MJ/ul.ry , 0( oD f
~OFLA__~,TEXAS
~.~~
Alton Porter, Mayor
ATTEST: .
L/f11~M
Martha Gillett, City Secretary
APP~
t r~
Clark Askins, Assistant City Attorney
EXHIBIT A
(ORIGINAL BUDGET)
City of La Porte
Consolidated Summary of All Funds
FY 07-08 FY 07-08
Revenues Expenses
Governmental Fund Types:
General Fund 30,010,812 30,010,812
Grant Fund 1,036,356 1,036,356
Street Maintenance Sales Tax 726,535 1,004,178
Community Investment 217,358 233,120
Hotel/Motel Occupancy Tax 530,020 556,540
Section 4B Sales Tax 1,871,847 971,565
Tax Increment Reinvestment 1,621,438 1,600,185
Total Governmental Types 36,014,366 35,412,756
Enterprise:
Utility 7,863,720 8,038,354
Sylvan Beach 250,280 274,158
Airport 55,906 23,396
La Porte Area Water Authority 1,295,846 1,717,760
Golf Course 1,121,404 1,304,138
Total Enterprise 10,587,156 11,357,806
Internal Service
Motor Pool 2,028,711 1,529,323
Insurance Fund 4,883,865 4,881,080
Technology Fund 1,158,764 1,211,065
Total Internal Service 8,071,340 7,621,468
Capital Improvement:
General 66,900 955,000
Utility 600,000 935,000
Sewer Rehabilitation 317,800 350,000
1998 GO Bond Fund 14,100
2000 GO Bond Fund 1,100 54,465
2002 GO Bond Fund 1,500
2004 C/O Bond Fund 13,100
2005 C/O Bond Fund 2,800 60,000
2005 GO Bond Fund 2,300
2006 C/O Bond Fund 10,000
2006 GO Bond Fund 5,000 49,478
2007 C/O Bond Fund 178,000 305,261
Other Infrastructure 51,700 200,000
Total Capital Improvement 1,264,300 2,909,204
Debt Service:
General 3,320,122 3,477,278
Utility 511,950 479,105
La Porte Area Water Authority 758,531 758,531
Total Debt Service 4,590,603 4,714,914
Total All Funds 60,527,764 62,016,148
EXHIBIT B
(AMENDED BUDGET)
City of La Porte
Consolidated Summary of All Funds
FY 07-08 FY 07-08
Revenues Expenses
Governmental Fund Types:
General Fund 30,012,012 30,044,216
Grant Fund 1,036,356 1,068,648
Street Maintenance Sales Tax 726,535 1,004,178
Community Investment 217,358 233,120
Hotel/Motel Occupancy Tax 530,020 556,540
Section 4B Sales Tax 1,871,847 971,565
Tax Increment Reinvestment 1,621,438 1,600,185
Total Governmental Types 36,015,566 35,478,452
Enterprise:
Utility 7,863,720 8,038,354
Sylvan Beach 250,280 274,158
Airport 55,906 23,396
La Porte Area Water Authority 1,295,846 1,717,760
Golf Course 1,121,404 1,304,138
Total Enterprise 10,587,156 11,357,806
Internal Service
Motor Pool 2,028,711 1,756,727
Insurance Fund 4,883,865 4,881,080
Technology Fund 1,158,764 1,221,865
Total Internal Service 8,071,340 7,859,672
Capital Improvement:
General 103,438 991,538
Utility 600,000 935,000
Sewer Rehabilitation 317,800 350,000
1998 GO Bond Fund 14,100
2000 GO Bond Fund 1,100 54,465
2002 GO Bond Fund 1,500
2004 C/O Bond Fund 13,100
2005 C/O Bond Fund 2,800 60,000
2005 GO Bond Fund 2,300
2006 C/O Bond Fund 10,000
2006 GO Bond Fund 5,000 49,478
2007 C/O Bond Fund 178,000 305,261
Other Infrastructure 51,700 200,000
Total Capital Improvement 1,300,838 2,945,742
Debt Service:
General 3,320,122 3,477,278
Utility 511,950 479,105
La Porte Area Water Authority 758,531 758,531
Total Debt Service 4,590,603 4,714,914
Total All Funds 60,565,502 62,356,586
It
e
Agenda Date Requested: Au
Requested By:
ITY COUNCIL AGENDA ITEM
AODrooriation
Source orFands:
Department:
Account Number:
Exhibits:
Letter fi'om EFPHOA
Amount Budgeted:
Amout Requested:
NJA
Exhibits:
A2I'eement
Budgeted Item: YES
NO
Exhibits:
SUMMARY & RECOMMENDATION
As you may recall, the City of La Porte has negotiated a participation agreement with the
Fainnont Park East Homeowner's Association to construct a combination park and detention basin
facility on approximately eight acres of City owned land, located in the Fairmont Park East subdivision
on Driftwood. The construction will take place in three phases, with the FPEHOA contributing $35,000
toward the first phase, and $20,000 for each of the second and third phases, for a total contribution of
$75,000 or approximately 47% of the estimated cost of the enhanced park itqJrovcmcnts. The total cost of
the project, including the dcteIition basin improvements, the basic park itqJrovements, and the enhanced
park features. is $296,000. The proposed changes in the detention pond capabilities will be
completed in Phase I of the project; Phases n & ill address the park component of the project.
The agreement caDs for the City to fund the project in phases, although the project cannot begin
until the silting present in the Ranis County Flood Control District ditch has been removed. County
officials have indicated that this project is a high priority. The phases will be constructed as funds become
available. The FPEHOA will contribute their share prior to the bid process for each phase.
Staffrecommends approval of the attached ordinance that will result in a ncwpark for the City of
La Porte in an area of the city that serves a substantial nwnber of residents.
Action Reaulred bv Council:
Consider approval of the attached Ordinance authorizing the City Manager to execute an agre~t
between the City of La Porte and the Fairmont Park East Homeowner's Association, Ine. to construct
a combination park and detention basin facility on City owned land
Aooroved for City Council Mencla
~~!.~
J? ,-/ /.t; - iJ S-
Date
!
,
I
I
~
I
!
.
e
ORDINANCE NO. 2005- (fi. g 3'1
AN ORDINANCE AUTHORIZING AND APPROVING AN AGREEMENT B);'J.'wJ!iEN
THE CITY OF LA PORTE AND THE FAIRMONT PUK EAST HOMEWONER'S
ASSOCIATION, INC. REGARDING CONSTRUCTION AND DEVELOPMENT OF A
COl\lBINATION PARK AND DETENTION BASIN FACILITY; MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE cm OF LA PORTE:
Section 1. The City Council hereby approves and authorizes the contract,
agreement, or other undertaking described in the title of this ordinance, in
substantially the form as shown in the document which is attached hereto and
incorporated herein by this reference. The City Manager is hereby authorized to
execute such document and all related documents on behalf of the City of La
Porte. The City Secretary is hereby authorized to attest to all such signatures and
to a1flX the seal of the City to ah 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 HaIl 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 22ND day of AUGUST 2005.
CITY OF LA PORTE
~t,y~
By:
Alton E. Porter,
Mayor of La Porte
ATTEST:
APPROVED:
~ r.M-
~ ~ ,rY A77''f .
" T.rrr.
e
e
AGREEMENT
THE STATE OF TEXAS ~
COUNTY OF HARRIS ~
CITY OF LA PORTE ~
This Agreement is made and entered into by and between City of La Porte, a body
cotporate and politic under the laws of the State of Texas, hereinafter called "City," and the
Fairmont Park East Homeowner's Association, Incorporated, a non-profit corporation chartered
under the laws of the State of Texas, hereinafter called "FPEHOA It;
RECITALS:
1. It is to the mutual benefit of City and FPBHOA to construct and develop a
combination park and detention basin facility, on land owned by City as a joint venture designated
herein, including parking facilities, storm sewer connections, park service equipment and related
appurtenances, hereinafter called the "Project."
2. The Project will include construction, relocations and/or improvements involving
earthmoving, a retaining wall, pond establishment and other basic improvements designed to
provide stormwat'er storage and park shaping, hereinafter sometimes called the "Phase I Park &
Basin Improvements". It is recognized that the retaining wall and associated earthwork is an
enhancement, but is included in Phase I Parlc&'Basin Improvements for cost efficiency. That part
of the Project that includes a parking lot, sidewalks. and park service equipment shall sometimes
be called the "Phase n Basic Park Provision". That part of the Project that includes waterfall and
other enhanced appurtenances shall sometimes be called "Phase ill Park Enhancements".
3. The FPEHOA is willing to contnbute $35,000 toward costs of Phase I Park & Basin
Improvements, provided that City will contdbute the remaining costs to construct the Phase I
Park & pasin Improvements. The FPBHOA is willing to contnbute $20,000 toward costs of the
Phase n Basic Park Provision, provided that City will contnbute the remaining costs to construct
the Phase n Basic Park Provision. The FPBHOA is willing to contnbute $20,000 toward costs of
the Phase ill Park Enhancements, provided that City will contribute the remaining costs to
construct the Phase ill Park Enhancements. The administration of design and construction of the
Project will be considered the purview of the City. City has caused the design of all phases of the
Project to be completed. All costs attnbutable to the cost of the Phase I Park & Basin
Improvements, including costs of engineering, construction and construction support services will
sometimes be called the "Phase I Park Improvement Costs." All costs attributable to the cost of the
Phase II Basic Park Provision, including engineering, construction and construction support
services will sometimes be called the " Phase n Basic Park Provision Costs." All costs
attrIbutable to the cost of the Phase ill Park Enhancements, including engineering, construction
Agreement - City of La Porte aud FPEHOA, Page 1 of 7
e
e
and construction support services will sometimes be called the " Phase ill Park Enhancement
Costs".
4. NOW, THEREFORE, for and in consideration of the mutual covenants, agreements and
benefits to the parties herein named, it is agreed as follows:
TERMS:
I. After execution of this Agreement and within thirty (30) days after notification by City
that the Project is ready to bid, the FPEHOA shall transmit to City its check made payable to City
in the amount of Thirty Five Thousand Dollars ($35,000) for its share of the Phase I Park & Basin
Improvement Costs so that the Project can be let for construction bids.
2. The City shall administer the construction bid process by advertising and receiving bids on
a "lowest bid meeting specifications" basis, for construction of Phase I Park & Basin Improvements
for the Project in the manner similar to that of other City projects, and according to State law.
3. Upon receipt and tabulation of the bids for the Project, City will determine the responsible
low bidder meeting specifications for the construction of Phase I Park & Basin Improvements for
the Project.
4. In the event the contracted Phase I Park & Basin Improvement Costs are greater than the
amount budgeted by City, including the FPEHOA share, City shall have the following options:
a City may elect to pay the additional costs of the Phase I Park & Basin
Improvement Costs of the Project, or, the FPEHOA may elect to pay the
additional costs, or a combination of CitylFPEHOA funding for additional
costs for Phase I.
b. City may reject all bids and elect not to proceed with the letting of the
contract and terminate this agreement as provided below.
c. City may reject all bids and re-advertise for bids for construction of the
Project in accordance with the approved drawings and specifications in the
same manner as before and under the same conditions.
d. City may negotiate a reduced Scope of Work to be agreed upon by both
parties prior to re-bid or acceptance of alternate bids for this phase of the
Project.
5. Within thirty (30) days after the bid opening, City shall award the contract to the
responsible bidder who submits the lowest bid meeting specifications, in accordance with the usual
and customary procedures of the City and according to State law. It is expressly agreed and
understood that City reserves the right to reject all bids. In such event, the City, in its discretion,
may either re-advertise for bids pursuant to the same understanding with regard to rejection of bids
or terminate this agreement as hereinafter provided. The City's determination of the responsible
Agreement - City of La Porte and FPEHOA, Page 2 of 7
e
e
bidder who submits the lowest bid meeting specitications for the Project shall be tinal and
conclusive.
6. Upon completion and acceptance of Phase I Park & Basin Improvements by the City, and
contingent upon available budgeted funding by City for the construction of Phase IT Basic Park
Provision, and as provided by Section 3 of this Agreement, and within thirty (30) days of
notification by City, FPEHOA shall transmit to City its check made payable to City in the amount
of Twenty Thousand Dollars ($20,000) for its share of the Phase IT Basic Park Provision Costs so
that the Phase II Basic Park Provision can be let for construction bids.
7. The City shall administer the construction bid process by advertising and receiving bids on
a "lowest bid meeting specifications" basis, for construction of Phase II Basic Park Provision for
the Project in the manner similar to that of other like City projects and according to State law.
8. Upon receipt and tabulation of the bids for the Project, City will determine the lowest bid
meeting specifications by responsible bidder for the construction of Phase II Basic Park Provision
for the Project.
9. In the event the contracted Phase II Basic Park Provision Costs are greater than the amount
budgeted by City, including the FPEHOA share, City shall have the following options:
a. City may elect to pay the additional costs of the Phase II Basic Park
Provision Costs of the Project, or, the FPEHOA may elect to pay the
additional costs, or a combination of City/FPEHOA funding for additional
costs for Phase n.
b. City may reject all bids and elect not to proceed with the letting of the
contract and terminate this agreement as provided below.
c. City may reject all bids and re-advertise for bids for construction of the
Project in accordance with the approved drawings and specifications in the
same manner as before and under the same conditions.
d City may negotiate a reduced Scope of Work to be agreed upon by both
parties prior to re-bid or acceptance of alternate bids for this phase of the
Project.
10. Within thirty (30) days after the bid opening, City shall award the contract to the
responsible bidder who submits the lowest bid meeting specifications, in accordance with the usual
and customary procedures of the City and according to State law. It is expressly agreed and
understood that City reserves the right to reject all bids. In such event, City, in its discretion, may
either re-advertise for bids pursuant to the same understanding with regard to rejection of bids or
terminate this agreement as hereinafter provided. The City's determination of the responsible bidder
who submits the lowest bid meeting specifications for the Project shall be final and conclusive.
11. Upon completion and acceptance of Phase II Basic Park Provision by the City, and
Agreement - City of La Porte aad FPEHOA, Page J of7
e
e
contingent upon available budgeted. funding by City for the construction of Phase ill Park
Enhancement, and as provided. by Section 3 of this Agreement, and within thirty (30) days of
notification by City, the FPEHOA shall transmit to City its check made payable to City in the
amount of Twenty Thousand Dollars ($20,000) for its share of the Phase ill Park Enhancement
Costs so that the Phase ill Park Enhancements can be let for construction bids.
12. The City shall administer the construction bid process by advertising and receiving bids on
a "lowest bid meeting specifications" basis, for construction of Phase ill Park Enhancements for the
Project in the manner similar to that of other like City projects, and according to State law.
13. Upon receipt and tabulation of the bids for the Project, City will determine the lowest bid
meeting specifications by a responsible bidder, for the construction of Phase ill Park Enhancements
for the Project.
14. In the event the contracted. Phase ill Park Enhancement Costs are greater than the amount
budgeted. by City, including the FPEHOA share, City shall have the following options:
a City may elect to pay the additional costs of the Phase ill Park Enhancement
Costs of the Project, or, the FPEHOA may elect to pay the additional costs, or
a combination of CitylFPBHOA funding for additional costs for Phase ill.
b. City may reject all bids and elect not to proceed with the letting of the
contract and terminate this agreement as provided. below.
c. City may reject all bids and re-advertise for bids for construction of the
Project in accordance with the approved. drawings and specifications in the
same manner as before and under the same conditions.
d. City may negotiate a reduced Scope of Work to be agreed upon by both
parties prior to re-bid or acceptance of alternate bids for this phase of the
Project.
1 S. Within thirty (30) days after the bid opening, City shall award the contract to the
responsible bidder who submits the lowest bid meeting specifications, in accordance with the usual
and customary procedures of the City, and according to State law. It is expressly agreed and
understood that City reserves the right to reject all bids. In such event, the City, in its discretion,
may either re-advertise for bids pursuant to the same understanding with regard to rejection of bids
or terminate this agreement as hereinafter provided.. The City's determination of the responsible
bidder who submits the lowest and best bid for the Project shall be final and conclusive.
16. City shall be responsible for administering the construction contract for all phases of the
Project. FPBHOA shall not interfere with the work in progress; any issue that is of concern to the
FPBHOA will be addressed to City. City and FPEHOA shall approve plans for all three phases of
the Project, prior to letting bids for Phase I Park & Basin Improvements for the Project.
17. Payments by the FPBHOA to City hereunder shall not be used by City for any purpose
Agreement - City of La Porte and FPEHOA, Page 4 of?
e
e
other than the Project. Bach cost or expense included within the Project shall be paid entirely from
funds controlled by the City.
18. City acknowledges and agrees that the EFPHOA's sole obligation under this Agreement
during the construction of the Project is to contnoute funding for the costs of the Project to the
extent stated in this Agreement, and the FPEHOA has not assumed any responsibility for the
actual construction of the Project or the performance of the: work other than the contribution of
funds as provided herein. The FPEHOA shall not be responsible for the maintenance or condition
of the Project facilities during construction of the Project or thereafter.
19. City may make such changes and amendments to the drawings and specifications within
the general scope of the approved Project, as City deems necessary or desirable during
construction of the Project.
20. Either the FPEHOA or City may terminate this Agreement, without cause, at any time
prior to the letting of the Contract for construction of the Project, by written notice to the other
party. After termination, neither party shall have any further obligations hereunder, except as
follows: City shall return to the FPEHOA any unspent funds which the FPEHOA has paid to City
hereunder prior to such termination, together with the interest earned on such funds.
21. Unless this Agreement is amended and additional funds are thereby made available, it is
expressly understood and agreed that the FPEHOA has available the maximum sum of $75,000 to
satisfy its obligations under this Agreement.
22. Unless this Agreement is amended and additional funds are thereby made available, it is
expressly understood and agreed that City's obligation is limited to the estimated construction
costs listed in Exhibit A and incorporated in this Agreement, to satisfy its obligations under this
Agreement.
23. The FPEHOA and its authorized representatives shall have the right to review and audit all
books, records, vouchers and documents of whatever nature related to City's perfonnance under this
Agreement during the period of performance of this agreement and for three (3) years thereafter or
for so long as there exists any dispute or litigation arising from this agreement.
24. No party hereto shall make, in whole or in part, any assignment of this agreement or any
obligation hereunder without the prior written consent of the other parties hereto.
25. All notices required or permitted hereunder shall be in writing and shall be deemed
delivered when actually received or, if earlier, on the third day following deposit in a United States
Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt
requested) addressed to the respective other party at the address prescnOed hereinbelow or at such
other address as the other party may have theretofore prescribed by notice to the sending party.
Agreement- City of La Porte and FPEBOA, Page 5 of7
e
e
Address for notice shall be as follows:
CITY
City of La Porte
604 W. Fairmont Parkway
La Porte, Texas 77571
Attn: City Manager
c: Stephen L. Barr, Director of Parks & Recreation Department
FPEHOA:
Fairmont Park East Homeowners Association, Inc.
C/O A VR Management Consultants
12929 Gulf Freeway, Suite 320
Houston, TX 77034
Attn.: Cathy Winfield
26. This instrument contains the entire agreement between the parties relating to the rights
herein granted and the obligations herein assumed Any modifications concerning this instrument
shall be of no force and effect excepting a subsequent modification in writing, approved by the
governing bodies and signed by all parties hereto.
Agreemeat- City of La Porte and FPEBOA, Page 6 of7
e
e
INTBSTlMONY OF- WHICHrthis. agreement, .in duplicate counterparts, eaeh having equal force
and effect of an original, has been executed on behalf of the partieS hereto as-foJJows, to-wit:
a It has on the day of . 2005, been executed on behalf of
the Fairmant Park Bast Homeowners Association, Inc. by its President, pursuant
to a certified approval by the Board of said Association authorizing such
execution. &' ~
It has on the day of 2005, been executed on
behalf of City by e City Manag and attested by its City Secretary,
pursuant to Ordinance of City Council of the City of La Porte authorizing
such execution.
b.
APPROVED AS TO FORM:
FAIRMONT PARK EAST HOMEOWNERS
ASSOCIATION, INC.
. ~
,~.
eRerord, HOA --
~
.
ATTEST:
Cathy Winfield, ement
Consultants, Inc.
~if ~~.
. ent, FPEB
ATTEST:
~f'dt1Jj
Martha Gillett, City Secretary
CITY OF LA PORTE
c&-~m~?lffi-
Debra B. FeazeJJe, City Manager
APPROVED AS TO FORM:
Agreement - City of La Porte and FPEHOA, Page 7 of 7
e
e.
FAIRMONT PARK EAST HOMEOWNERS ASSOCIATION, INC.
% A VR Manag~ment Consultants, Inc.
12929 Gulf Freeway, Suite 320
Houston, TX 77034
'(281) 4,81-8062 F~x (281) 481-8099
August 3, 2005,
(D) IE ~ re ~ ~J ~
Ull[ AlII 0 2IYb l~"~
S & Rrc", 1"""'111 l"EPT
PARK Co ..r..\I.\).... '.
City of La Porte
Parks and Recreation Department.
Attn: Stephen Barr
1322 South Broadway
La Porte, TX 77571
Re: Fairmont-Park East Homeowners Association, Inc.
Dear Mr. Barr,
This letter should inform you and the City of La Porte that the Board of Directors for the
Fairmont Park East Homeowners Association has accepted.the Construction Agreement
presented to them for the park in the subd~vision.
Sincerely,
FAIRMONTPARK EAST HOMEOWNERS ASSOCIATION, INC.
::;B~~ ,r;. ~J-
President
. .
F
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: .January 14,2008
Requested BY'~ . (',.lIett
Department: Public Works
Appropriation
GEN953
Source of Fundlil' TTTT ,Q,,2
Account Number: 003-9890-952-1100
Report: X Resolution:
Ordinance:
Amount Budgeted:
$260,000
Exhibits: Engineering Agreement
Amount Requested: $78,710
Exhibits:
Budgeted Item: YES
Exhibits:
SUMMARY & RECOMMENDATION
The City of La Porte has selected the firm of Claunch and Miller, Inc. to design the replacement of Lift
Station No.6, located on South 8th and Little Cedar Bayou, and the rehabilitation of Lift Station No. 38,
located on Sunrise. The replacement of Lift Station #6 is planned to accommodate the additional flows
from the recently completed South La Porte Trunk Sewer, and is designed to convey wastewater flows
from the new developments currently underway around the City's golf course and for future development
in this area and south of McCabe Road. A total of $60,000 is budgeted for the design. The rehabilitation
of Lift Station # 38 is a continuation of the city's ongoing plan to rehabilitate existing lift stations. A total
of $200,000 is budgeted for design and construction.
Claunch & Miller has performed professional engineering services for the rehabilitation of four (4)
previous lift station projects. The Agreement with the Engineer is as follows:
Design Engineering Phase -
Construction Phase -
Total
LS 6 Replacement
LS 6 Replacement
$56,105
ili@
$56,105
Design Engineering Phase
Construction Phase-
Total
TOTAL ENGINEERING
LS 38 Rehab
$18,685
3,920
$22,605
$78.710
Construction Phase costs for LS 6 replacement are $10,880. These costs will be authorized when ongoing
development requires the construction of this Project.
1
Date
~
CLAUNCH & MILLER, INC.
Engineering Consultants
EXHIBIT "A"
January 4,2007
Mr. Steve Gillett
Director of Public Works
City of La Porte
2963 23rd Street
La Porte, Texas 77571
Re: Proposal for Engineering and Construction Phase Services
For Wastewater Lift Stations #6 and #38 Rehabilitation
Dear Mr. Gillett:
Claunch & Miller, Inc. (CMI) is pleased to submit this proposal for performing engineering and
construction phase services for the above referenced project. The proposal is based on our
understanding of the project provided in the Manning Preliminary Evaluation, data and
conversations with the City Engineer and our site visit on November 20,2007. The tasks include
engineering design services and construction phase services for the rehabilitation of Lift Station
No.6 and Lift Station No. 38. For your convenience this proposal consists of General Overview,
Scope of Services, and Schedule.
GENERAL OVERVIEW
Based on information and data provided by the previously developed Manning investigation,
conversations with the City and our field visit, Lift Station No. 38(L.S.#38) receives flow from
the Bay Colony Subdivision. We understand that there are approximately 157 existing
equivalent connections, an average daily flow of approximately 54,950 gpd and a peak flow of
approximately 153 gpm. Ultimate build-out of the service area will provide approximately 192
equivalent connections, an average daily flow of approximately 67,200 gpd, and a peak flow of
approximately 187 gpm.
This lift station is currently a single wet well type station with above ground suction lift pumps.
The City desires to rehabilitate the existing lift station by removing the existing mechanical
equipment and installing new submersible pumps and associated mechanical equipment. The
electrical controls and control panel will be replaced. The wet well top will be replaced and
modified with sealed hatches. Our assumption is that the rehabilitation can be performed. If
during the design phase we uncover factors that determine that complete reconstruction of the lift
station is required, then a proposal will be provided for the services associated with the change in
project scope.
Page 1 of7
4635 Southwest Freeway, Suite 1000 · Houston, Texas 77027-7169 · 713-622-9264 · Fax 713-622-9265
Wet well walls will be blasted and cleaned during the construction phase of the project and
allowance will be made in the bid documents for grouting of the walls to the extent necessary
prior to applying the final wall coating.
The control panel and electrical service will require replacement as well as all controls and
electrical components. Scada and remote alarm or information controls are not a part of this
contract.
From preliminary information supplied in the Manning report, it appears that there will be
sufficient depth to allow for acceptable pump cycle time and operation and at the same time
maintain adequate water levels over the submersible pump volutes. Run times and pump level
settings will be determined with the selection of the pumps during the design phase
Lift station #6 is located on South 8th Street at West L. Street and is currently a wet well/dry well
type station with suction lift pumps. The service area for this station has been expanded with
new development along S.H. 146 to the south of McCabe Road. Based on or preliminary
projections and existing lot counts, the station will serve approximately 1780 equivalent
connections with an average daily flow of 532,800 GPD and a peak flow of 1650 gpm.
Due to the increased flow to the station it is anticipated that the wet well will require replacement
to increase the diameter to 10-12 feet with a depth of at least 20 feet. The existing wet well and
dry well will be demolished to below grade and backfilled. Submersible pumps will be installed
in the new station and the electrical control panel and electrical service and components will be
replaced.
Access to each station will be provided by newly constructed concrete driveways to the lift
stations. Additional site work and paving will be required for access to the stations and to
improve site drainage and maintenance requirements. Each site will be provided with security
fencing as required.
The City has budgeted $200,000 for the construction cost and engineering for the rehabilitation
of lift station # 38. This budget appears adequate based on our previous experience with similar
projects and will be evaluated and updated as the project progresses.
It is our understanding that the replacement of station # 6 will be funded from proceeds provided
by a Tax Increment Reinvestment Zone within the southern portion of the service area.
Based on our preliminary estimate the cost of the station should be approximately $555,000.
This estimate will be updated during the preliminary phase of the project design.
It is assumed that the new wet well will be constructed on the existing site and connection will be
made to the existing force main at this location. The existing wet well will be converted to a
manhole for connection to the new wet well. No cost has been included for surveying or
engineering for off site lines in the event that the site ofthe lift station will be relocated.
This proposal addresses the engineering services that CMI will provide the City of La Porte
during the Design and Construction Phases. CMI will utilize an electrical subconsultant for the
Page 2 of7
electrical components and control system designs. Since it is anticipated that all work will be
confined to the existing station on lift station #38, no surveyor geotechnical work is included for
this site.
The proposal provides cost for geotechnical and survey services for lift station #6 since a new
wet well will be constructed on this site.
SCOPE OF SERVICES
I. DESIGN ENGINEERING PHASE
A. Perform field reconnaissance and partial survey of the site and immediate vicinity to
obtain information on surface features and any other information that would impact
construction. A detailed topographic survey will be performed for the LS #6 site. A
geotechnical evaluation will be performed at LS #6.
B. Research and gather existing relevant data on the project such as existing utility
information.
C. Obtain estimated population and land use data for the project area from the City.
D. Obtain estimated flow information data for the proposed development from the City.
E. Determine the service area for the lift station and anticipated flow rates in coordination
with the City.
F. Coordinate with the City of La Porte and apprise the City ofCMI's findings and analysis,
and obtain input from the City.
G. Prepare project specifications, drawings, bid documents and construction drawings based
on the anticipated improvements.
H. The lift station rehabilitation design shall include the site plan, demolition, bypass
pumping, mechanical and piping details, structural details, site work, and electrical/control
systems. No SCADA is part of this project nor are any remote alarm or information
processes. CMI will endeavor to apprise the City of La Porte of the anticipated construction
cost as the project progresses.
I. Prepare final cost estimate for the proj ect.
J. Complete coordination with other governmental entities or utility agencies in regard to the
project. Assist the City in obtaining and/or securing approvals required by all governmental
authorities with jurisdiction over the design and/or the operation of the project and all public
and private utilities including pipeline transmission companies affected by this project. This
assistance will involve the usual expected coordination and approval process. When the
Page 3 of7
process involves work beyond the expected, such as special submittals, designs, appearances
at special meetings, coordination of utility/pipeline excavation efforts, permitting
applications, etc., such work would be considered under the Additional Services portion of
this proposal
K. Coordinate with the City of La Porte during the final design process and provide draft
documents for the City to review and comment upon. Incorporate appropriate comments with
the final bid documents.
L. Coordinate with Texas Commission on Environmental Quality (TCEQ) during the design
phase. Furnish necessary documentation to TCEQ for their review and approval.
M. Incorporate appropriate comments into the final bid documents.
N. Furnish five (5) sets of construction documents to the City.
II. CONSTRUCTION PHASE SERVICES
This phase will be entered into after the acceptance of the Design Phase documents by the
City of La Porte.
Bid Phase Services
A. Assist the City in obtaining bids for the project. The City of La Porte will advertise the
project and will absorb all related advertising costs. CMI will coordinate with the City
and will assist in developing the wording of the advertisement.
B. Dispense construction documents from CM!' s office to potential bidders.
C. During the bidding process, provide information to and answer questions from potential
bidders concerning the Project's construction documents and prepare addendums as
necessary.
D. No pre-bid conference is included in this scope.
E. Evaluate the bids and the qualifications of the apparent low bidders and advise the City
as to the acceptability of the apparent low bidder.
Construction Administrative Services
A. Act as the City's Project Representative during the construction phase.
B. Review and respond accordingly to all submittals as required by the contract
specifications.
C. Prepare change orders necessitated by field conditions.
Page 4 of7
D. Review the contractor's pay estimates, evaluate the completion of work, and make
payment recommendations to the City.
E. Visit the site at various stages of construction to observe the progress and quality of
executed work and to determine in general if such work is proceeding in accordance
with the Contract Documents. Full time site representation is not included as part of the
Construction Administration tasks.
F. Claunch & Miller, Inc. (CMI) will not be responsible for the means, methods,
techniques, sequences or procedures of construction selected by the Contractor(s).
CMI's effort will be directed toward providing a greater degree of confidence for the
City of La Porte that the completed work of Contractor(s) will conform to the Contract
Documents, but CMI will not be responsible for the failure of Contractor(s) to perform
the work in accordance with the Contract Documents. During site visits and on the basis
of on-site observations CMI shall keep the City informed of the progress of the work,
shall endeavor to guard the City against defects and deficiencies in such work and may
disapprove or reject work failing to conform to the Contract Documents.
G. Conduct a final inspection of the Project and make a recommendation for Final Payment
on the Project.
III. ADDITIONAL SERVICES
Additional services are those services that are beyond the services provided for in the scope
portion of this proposal. The following are items which are included but not limited as
items to be considered additional services. These items will only be provided when
authorized by the City.
A. Surveying (boundary, topographical and any other survey where a licensed survey is
required).
B. Right-of-way research, deed research, and abstracting.
C. Site Easement and Right of Way Acquisition work such as: preparation of metes and
bounds; verification of ownership of property; preparation and submitttal of title
report or title commitment; initial contact with property owner(s) to gain right-of-
way entry in order to conduct field surveys and geotechnical testing.
D. Geotechnical Investigations
E. Environmental Site Assessment
F. Traffic Control Planning and Design
G. Storm Water Pollution Prevention Plan (SWPPP)
Page 5 of7
H. Printing of Final Plans, Specifications, and Reports beyond those copies to be
provided to the client as noted in the scope of services. Cost of plans and
specifications ,and bid documents for use by potential bidders will be charged to the
potential bidder and not to the City.
I. Extra Construction Phase Services in the event the project extends beyond its
designated contract period. (If required)
J. Other miscellaneous tasks that the City of La Porte desires CMI to perform.
K. Assist the City as an expert witness or factual witness in any legal proceedings or
litigation arising from the development, permitting or construction of the Project.
L. Assist the City in making arrangements for the work to proceed in the event that the
construction contractor is declared in default for any reason.
M. Prepare supporting data and other services in connection with change orders in the
event the scope of services is changed or modified.
N. Services and costs associated with any special efforts or studies involving this
project such as State Revolving Fund applications, reports, trips to Austin, or
associated work.
O. Assist the City in securing any special licenses or permits (USACOE, etc.) which
may be required for the completion of the project, it being understood by the parties
of this agreement that the fees for said special licenses and permits will be paid by
the City.
P. Provide any other services related to the project not otherwise indicated in the Scope
of Services and not customarily furnished in accordance with generally accepted
engineering practices.
Q. Re-packaging of bid documents to provide multi-bid packages and/or rebidding the
project.
R. The provision of the construction site representation and associated supervision and
administration and associated costs.
S. Preparing the bid document so that it can be bid in two packages with two contracts.
T. Conducting and attending a pre bid conference.
Page 6 of7
IV. FEE
The fee is separated into lift station #6 and 38 per your request. Any Additional Services
requested by the City will be invoiced and paid for at the direct cost plus 10% and CMI labor
costs at raw labor cost times a factor of 3.05. Such tasks and costs will only be performed upon
authorization from the City.
LIFT STATION #6
Design Phase Services:
Electrical Design:
Geotechnical Subconsultant:
Surveying Subconsultant:
Bid Phase:
Construction Administration:
Electrical Construction Phase:
The lump sum cost of:
The cost plus 10% cost of:
The cost plus 10% cost of:
The cost plus 10% cost of:
The lump sum cost of:
The lump sum cost of:
The cost plus 10% cost of:
$ 45,200.00
$ 6,615.00
$ 2,640.00
$ 1,650.00
$ 1,850.00
$ 7,410.00
$ 1,620.00
Subtotal of Lift Station #6 Engineering Services: $66,985.00
LIFT STATION #38
Design Phase Services:
Electrical Design:
Bid Phase Services:
Construction Administration services:
Electrical Construction Phase:
The lump sum cost of:
The cost plus 10% cost of:
The lump sum cost of:
The lump sum cost of:
The cost plus 10% cost of:
$16,300.00
$ 2,385.00
$ 670.00
$ 2670.00
$ 580.00
Subtotal of Lift Station #38 Engineering Services: $22,605.00
Total Fees associated with the above described scope of work is: $89,590.00
Claunch & Miller, Inc. appreciates the opportunity to submit this proposal and we look forward
to working with the City of La Porte on this very important project. Our project manager for this
project will be John Peterson, P.E. and he can be reached at the number below if you have
questions or need further information.
Sincerely,
CLAUNCH & MILLER, INe.
~+6~L ~
Christopher E. Claunch, P.E.
President
Page 7 of7
AGREEMENT FOR SERVICES
This Agreement entered into as of the 22JJ-- day of n' A.D., by and between
Claunch & Miller, Inc. hereinafter referred to as the "Consultant", and the City of La Porte, Texas,
hereinafter referred to as the "Client".
WITNESSETH
WHEREAS, the Client has requested various services of the Consultant with respect to
engineering design and construction administration services associated with the construction of
the proposed Lift Station #6 and #38 Rehabilitation (hereinafter referred to as the Project).
NOW, THEREFORE, Client and Consultant hereby agrees as follows:
1. Engagement of Consultant - Consultant hereby agrees to perform the services
required under the scope of services related to the Project, and to provide Client with copies of the
information, opinions, design calculations and contract documents made the basis of the scope of
the services, which is set out in Attachment "A" and made a part of this contract. Consultant
agrees to initiate services upon receipt of an executed copy of this Agreement.
2. Availability of Information - Client agrees to provide Consultant with all available
information pertinent to the Project. Client will also provide copies of reports, drawings, and other
data, and will, at Consultant's request, provide written authorization to review Client's files
relative to the Project which may be in possession of third parties. Consultant agrees to return all
original documents to Client upon completion of the Project, but reserves the right to make and
keep reproducible copies of all such material.
3. Access to Facilities - Client will provide access for the Consultant to enter the property
and facilities of Client, as necessary for Consultant to perform services as required under the
Project.
4. Instruments of Service - All documents prepared in accordance with this contract
including exhibits, field notes, laboratory data, original drawings, and specifications are the
property of the Client. The Consultant is given the right to use any of this data in connection with
future engineering projects. The Consultant may retain copies or reproducibles of any information
prepared for this Project.
5. Determination of Fees - The fees for the scope of services as stated in Attachment "A"
provided by Consultant under this agreement will be based on a Not-To-Exceed Amount of
$89,590 for design and construction administration.
6. Payment and Fee Schedule - The Consultant will submit a monthly invoice for services
rendered. The invoice will be based upon the Consultant's estimate of the proportion of the total
services actually completed at the time of the invoice for design and construction administration.
Services will be invoiced using the following fee schedule:
Design Engineering Phase: $74,790
Construction Phase Services: $14,800
Total Project: $89,590
7. Terms of Payment - Payment of fees as determined under Paragraph 5 herein above
shall be due and payable by Client within thirty (30) days following receipt of Consultant's monthly
InVOIce.
8. Additional Services - Additional services beyond those described in the Scope of
Services will be invoiced on the basis of direct labor cost times a factor of 3.05 and direct cost plus
10%.
9. Termination - The Client may terminate this contract at any time by giving seven (7)
days' notice in writing to the Consultant. In that case, all finished or unfinished documents and
other materials produced under this contract, shall become the Client's property. If the contract is
terminated by the Client in accordance with this provision, Consultant shall be paid for all services
performed to the date of termination. Consultant may terminate this contract upon seven days'
written notice in the event of substantial failure by the Client to perform in accordance with the
terms hereof through no fault of the Consultant.
10. Governing Law - This Agreement shall be deemed to have been made under, and shall
be construed and interpreted in accordance with the laws of the State of Texas. The venue of any
suit for enforcement or construction of this contract shall be in Harris County, Texas.
11. Dispute Resolution - The parties will attempt in good faith to resolve any controversy or
claim arising out of or relating to this agreement promptly by negotiation between senior
executives of the parties who have authority to settle the controversy.
The disputing party shall give the other party written notice of the dispute. Within ten days
after receipt of said notice, the receiving party shall submit to the other a written response. The
notice and response shall include (a) a statement of each party's position and a summary of the
evidence and arguments supporting its position, and (b) the name and title of the executive who
will represent that party. The executive shall meet at a mutually acceptable time and place within
twenty days of the date of the disputing party's notice and thereafter as often as they reasonably
deem necessary to exchange relevant information and to attempt to resolve the dispute.
If the controversy or claim has not been resolved within thirty days of the meeting of the
senior executives, the parties shall endeavor to settle the dispute by mediation under the
Construction Industry Mediation Rules of the American Arbitration Association.
If the matter has not been resolved pursuant to the aforesaid mediation procedure within
ninety days of the commencement of such procedure, (which period may be extended by mutual
agreement), or if either party will not participate in such procedure, the controversy shall be settled
by arbitration in accordance with American Arbitration Association Construction Industry
Arbitration Rules by a sole arbitrator. The arbitration shall be governed by the United States
Arbitration Act, 9 U.S.C & 1-16, and judgment upon award rendered by the Arbitrator may be
entered by any court having jurisdiction thereof. The place of arbitration shall be Harris County.
The arbitrator is not empowered to award damages in excess of actual damages, including punitive
damages.
ENTERED INTO AND AGREED by the parties hereto as the day and year first
written.
ATTEST:
CLAUNCH & MILLER, INC.
Consultant
./r--Y'
a~
CITY OF LA PORTE, TEXAS
Client
BY: )/'~
STEVE ~LETT
Dire of Public Warks
PORTE, TEXAS
~
BY:
RON BOTTOMS
City Manager
ATTEST:
CITY OF LA PORTE, TEXAS
Client
0f1~{ljtlrJJttl)
CITY SECRETARY
~~~
BY:
CITY ATTORNEY
G
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
Janua 14 2006
Appropriation
Requested By: S. Gillett .f. ~tI"tt
Source of Funds:
UTL933
Department: P
Account Number: 003-9890-933-1100
Report: X Resolution:
Ordinance:
Amount Budgeted: $500,000
Amount Requested: $145,838
Exhibits:
Professional Services Agreement
Budgeted Item:
Yes
Exhibits:
Exhibits
SUMMARY & RECOMMENDATION
The City, in February 2006, retained Van De Wiele Engineering, to perform Preliminary Engineering Services for
the installation of a new 12 inch water line and the extension of a gravity sanitary sewer trunk sewer along Sens road
from North D Street to North P Street. Phase I improvements are those that are necessary to relocate existing
utilities outside the Sens Road Widening Project. This work was completed, with an estimated construction cost for
Phase I of the Project of $1.7 Million. Final design has been delayed due to the delay by the County in obtaining
ROWand completing final design for the roadway and drainage of Sens Road.
Recently the County restarted the Project, and ROW acquisition and final design is moving forward. The City needs
to complete final design of its utility relocation project in advance of the fmal design of roadway and drainage
improvements by the county. Van De Wiele Engineering has provided a proposal to complete final design of Phase
I Improvements
The cost for the proposed services is as follows:
Final Design and Bidding
Survey
Geotechnical
Direct and Misc. Expenses
Total
$100,938
15,628
21,772
7.500
$145,838
~/~ ~fJ
vanDeWiele.
Engineering .
Incorporated ..
2925 Briarpark, Suite 275
Houston, TX 77042-3720
713/782-0042 Fax 713/782-5337
November 21, 2007
(Revised November 29,2007)
Mr. Steve Gillett
Director of Public Works
City of La Porte
2963 North nrd. Street
La Porte, Texas 77571
Re: Proposal for Professional Engineering Services
Sanitary Sewer and Water Line Improvements
VEl Project No. 20009-802-1-UTL
Dear Mr. Gillett:
Van De Wiele Engineering, Inc. (VEl) is pleased to submit this proposal to provide
professional engineering services for the preparation of bidding documents for the
construction of underground utility lines along Sens Road, North L Street, and
North H Street. The proposed underground utility lines comprise 36- through 10-
inch diameter gravity sanitary sewers, 4-inch sanitary force mains, and 12-inch
diameter water main. Other work includes abandonment of existing 4-inch
sanitary force mains, abandonment of sanitary lift stations, and modifications to
existing sanitary lift stations. The proposed underground utility lines along Sens
Road, as described herein, are to be constructed prior to the reconstruction and
widening of the existing Sens Road, which is proposed by the Harris County
Public Infrastructure Department - Engineering Division (HCPID-ED) under
separate contracts. This proposal includes and discusses the Project Background,
Schedule of Utilities, Scope of Services, Compensation and Project Schedule.
PROJECT BACKGROUND
In June 2006 VEl issued a PER entitled "Utilities Investigation" to the City of La
Porte which investigated the feasibility of, and costs associated with extending a
gravity sanitary trunk sewer along Sens Road; installing gravity sanitary sewer
laterals along the intersecting streets; redirecting the discharge from existing lift
stations by way of new force mains; and removing existing lift stations from
service. In October 2006 VEl issued Addendum No.1 to that PER. It presented
revised cost estimates associated with placing the recommended sanitary trunk
~nDeWiele
Engineering
Incorporated
Mr. Steve Gillett
November 21, 2007
(Revised November 29,2007)
Page 2 of6
sewers within the project's streets' rights-of-way (in lieu of dedicated utility
easements). This proposal is based upon the Phase I Improvements recommended
in the PER as supplemented by Addendum No.1.
This proposal assumes the re-use of portions of the above-mentioned, HCPID-ED,
Sens Road reconstruction and widening projects. Specifically: "Sens Road from
300-fi. north ofSvencer Highwav to 300 ft. north of North H Street", currently
being designed by Binkley & Barfield Consulting Engineers, Inc. (BBI); and "Sens
Road from 300 ft. north of North H Street to 300 ft. north of North P Street",
currently being designed by VEL It has been determined that the work of this
proposal will require changes to those projects' designs.
SCHEDULE OF UTILITIES
A. VEl proposes to prepare contract documents to construct the following sanitary
sewer system improvements:
1. 1,900 linear feet of 36-inch diameter gravity sewer along Sens Road from
North D Street to North H Street;
2. 1,850 linear feet of 30-inch diameter gravity sewer along Sens Road from
North H Street to North L Street;
3. 100 linear feet of 24-inch diameter gravity sewer along North L Street from
Sens Road west to Lift Station No. 18;
4. 500 linear feet of 12-inch diameter gravity sewer along North L Street from
Sens Road east to Lift Station No. 42;
5. 800 linear feet of 10-inch diameter gravity sewer along Sens Road from
North L Street to Plainbrook Road;
6. 1,500 linear feet of 4-inch diameter force main along North H Street from
Lift Station No. 20 east to manhole 284A;
7. Modifications to Lift Station No. 20 to accommodate the change in system
head resulting from the proposed 4-inch force main in Item 6;
8. Abandonment of 450 linear feet of 4-inch diameter force main along North
H Street between Lift Station No. 20 and manhole 207;
~nDeWiele
Engineering
Incorporated
Mr. Steve Gillett
November 21,2007
(Revised November 29,2007)
Page 3 of6
9. 750 linear feet of 4-inch diameter force main along North L Street from
Lift Station No. 17 east to manhole 274;
10. Modifications to Lift Station No. 17 to accommodate the change in system
head resulting from the proposed 4-inch force main in Item 8;
11. Abandonment of 1,800 linear feet of existing 4-inch diameter force main
along North L Street between Lift Station No. 17 and manhole 195;
12. Abandonment of 650 linear feet of existing 4-inch diameter force main
along North L Street between Lift Station No. 18 and manhole 274;
13. Abandonment of Lift Station No. 18; and
14. Abandonment of Lift Station No. 42.
B. VEl proposes to prepare contract documents to construct the following water
distribution system improvements:
1. 4,440 linear feet of 12-inch diameter water main along Sens Road from 640
feet south of North H Street to North P Street; and
2. Grid interconnects, stub-outs for future system extensions, and service
transfers.
C. VEl does not propose to prepare contract documents for the work
recommended in the PER and Addendum 1 as "Phase 2"; nor do we propose to
prepare contract documents for the work in the PER and Addendum 1 as "Final
Phase". VEl does not propose to prepare contract documents to construct the
pavement reconstruction and widening work along Sens Road proposed by
HCPID-ED. Roadways and other facilities within the project area disturbed by
the work of this proposal will be replaced in-kind to a condition as good or
better than that before construction.
SCOPE OF SERVICES
VEl proposes to perform the following services:
A. Merge the previously-obtained topographic survey data along Sens Road from
the VEl and BBI projects being prepared for HCPID-ED. Verify the this data
and supplement it with current topographic survey data along Sens Road,
~nDeWiele
Engineering
Incorporated
Mr. Steve Gillett
November 21,2007
(Revised November 29,2007)
Page 4 of6
North H Street and North L Street within the areas of proposed improvements
(see Schedule of Utilities) that were not previously surveyed, or that were
surveyed prior to 2007.
B. Perform a geotechnical investigation ofthe soil and groundwater
characteristics, obtain and test representative samples and present the findings
and recommendations in a report for use during design and by the contractor.
C. Prepare construction plans, specifications, bidding documents and engineer's
construction cost estimate for the proposed gravity sanitary trunk sewer,
sanitary force-main, and waterline improvements, and lift station modifications
for use by the City of La Porte to obtain public bids. The work will comply
with applicable City of La Porte, state and federal requirements;
D. Coordinate with adjacent projects and meet with City and other agencies as
necessary to obtain design approvals and construction permits;
E. Furnish up to twenty copies of the contract documents prepared under the
direct supervision of, and sealed by a Professional Engineer licensed in the
State of Texas; and
F. Assist the City of La Porte with bidding the project including attendance at the
pre-bid conference, issuing addenda, preparing a tabulation of received bids,
and making a recommendation to the City of La Porte on the award of
construction contract.
COMPENSA TION
Compensation for the professional engineering and bidding services described
herein will be a lump sum fee of$100,938.00 (see enclosed Exhibit A - Fee
Calculation Table). This amount represents approximately 65 percent of the total
value of the Basic Services for a project ofthis type. The Preliminary Engineering
Services accounted for approximately 20 percent, and Construction Phase Services
will account for 15 percent. The fee will be billed on a percent complete basis at
the 75%, 90% and 100% design, and bidding services milestones.
Compensation for the professional surveying services described herein will be a
lump sum fee of$15,628.00, including our 8% management mark up (see enclosed
proposal from Total Surveyors, Inc.). This fee will be paid on a percent complete
basis.
Mr. Steve Gillett
November 21,2007
(Revised November 29, 2007)
Page 5 of6
Compensation for professional geotechnical services will be a lump sum fee of
$21,772.00, including our 8% management mark up (see enclosed proposal from
Geotest Engineers, Inc.). This fee will be paid on a percent complete basis.
Direct expenses are estimated at $7,500.00 based on reproduction of20 sets of
contract documents, mileage, tolls, deliveries, fees, etc. for the work of this
proposal.
Fee Summary Table
Phase I Sanitary Sewer and Water System Improvements and
Redesign of HCPID-ED Sens Road Projects
Service Consultant Fee Mark Total
Up
Final Design and Bid for Phase I VEl $100,938 NA $100,938
Sanitary & Water Improvements
Survey Phase I Sanitary & Water Total $14,470 8% $15,628
Improvements Surveyors
Geotechnical for Phase I Sanitary Geotest $20,159 8% $21,772
& Water Improvements Engineering
Expenses for Phase I Sanitary & n1a $6,818 10% $7,500
Water Improvements
Total: $145,838
VEl will be pleased to perform the Construction Phase Services related to this
project. If requested, VEl will submit a proposal to the City of La Porte at the
completion of Final Design Services. For planning purposes, we recommend the
City of La Porte budget $25,000.00 for these services.
PROJECT SCHEDULE
The work will commence upon receipt of the City of La Porte's acceptance of this
proposal and written authorization to proceed. Surveying and geotechnical
services will proceed immediately, and will be completed within 90 days. We will
submit a 75% design submittal and a 90% design submittall during the subsequent
60 days. Assuming two weeks for the City's final review, final bid documents will
be issued 30 days thereafter. VEl therefore recommends a schedule of 180
calendar days to complete the services described herein.
~nDeWiele
Engineering
Incorporated
1 Defined as bid-ready contract documents without the engineer's signed seal.
Mr. Steve Gillett
November 21,2007
(Revised November 29, 2007)
Page 6 of6
Please indicate your acceptance of this proposal by executing the original and
returning it for our files. Weare available to initiate the work of this assignment
upon receipt of your written authorization to proceed.
Van De Wiele Engineering, Inc. appreciates this opportunity to once again provide
professional engineering services to the City of La Porte. We have been looking
forward to working with you again. Please contact me if you have any questions
regarding this proposal, or if you need any additional information.
Sn~~
Daniel P. Simeone, P .E.
Senior Project Engineer
Municipal Projects
Enclosures
\802-1\Proposal Final Design Svcs.doc
Signature
tON 130 tt!J m 5
Type or Print Name
(/Iy AIA/!J;/l1lx
Title
~ I'-i/-d
Dat
~nDeWiele
Engineering
Incorporated
7
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: January 14,2008
Department: Plannine:
Source of Funds: CIP 003-Utility Oversizing
Participation & CIP 015-StreetlDrainage
Participation
Account Numbers:
003-9890-725-1100 & 015-9892-945-1100
Amount Budgeted:
003 = $25,000 & 015 = $100,000
Amount Reqnested:
003 = $22,000 & 015 =; $38,000
Budgeted Item: ~YES ~O
Requested By: Wayne J. Sabo
Report: ~Resolution: _Ordinance: _
Attachments:
1. Infrastructure Extension Agreement
2. AreaMap
SUMMARY & RECOMMENDATION
Sam Ghandi, developer of Candlewood Suites in Block 1135, La Porte, has received approval from
the City for the construction of a four-story, Ill-unit hotel (see Attachment No.2 - Area Map).
As part of his project, Mr. Ghandi is required to provide the roadway, storm and sanitary sewer
extension that are needed for his development.
In reviewing plans for the hotel and its required infrastructure, Staff cited the need to widen the
proposed pavement of South 13th Street from 40' wide to 48'wide, enlarge the proposed storm
sewer system from 24" diameter to 36"/48" diameter, and to extend the proposed sanitary sewer an
additional 360 linear feet to accommodate future commercial growth and development in the area
Section 8.00 of Ordinance No. 1444, "Reimbzrrsement for Oversizing", allows the City to negotiate
a contract with the developer for infrastructure larger than is normally required to serve his
development.
The Infrastructure Extension Agreement (IEA) drafted for execution with Mr. Ghandi is included
as Attachment 1 of this packet. In this agreement, the City's participation in oversizing the project
is 18% of the total project cost. The preliminary cost estimate for the project is $328,865.25.
Based on this figure, the developer's share of the project would be $269,828.25 and the City's
participation would be $59,037. The agreement also states that the City's participation in the
project shall not exceed an amount greater than $60,000.
Recommendation:
Staff recommends approval of an agreement between the City and Sam Ghandi for construction
and oversizing of said infrastructure improvements to serve Candlewood Suites in Block 1135, La
Porte.
'on Re uired ofCouncll:
Aut orize the City Manager to execute an Infrastructure Extension Agreement between the City
and am GhandilCandlewood Suites for pavement, stonn and sanitary sewer improvements (with
City articipation in oversizing) to serve the area of Block 1135, La Porte.
I
Ron Bottoms, City Manager
Attachment No.1
I.E.A.
INFRASTRUCTURE EXTENSION AGREEMENT
(With City Participation)
THE STATE OF TEXAS:
COUNTY OF HARRIS:
This agreement, made this
14dL day oKf/110 t}..lJrI I
, 20af, by and between the
City of La Porte, herein called "City", acting through its City Manager and Sailesh "Sam" Ghandi, an
individual, of Galveston, County of Galveston, and State of Texas, hereinafter called "Owner".
WITNESSETH
1. All references to "Infrastructure Extensions" hereunder shall, for the purposes of this agreement,
refer to the extension of Concrete Paving (7" thick), Storm Sewer Lines and Sanitary Sewer
Lines along South 13tb Street between West "K" & West "L" Streets to serve the
Candlewood Suites development located at 1250 South 13th Street per plans & specifications
prepared by Carnes Engineering, Inc., Job No. 6010, Dated November 2007 (Re: CLP
Project No. 2007-8219).
2. Owner is the owner of certain property in the City of La Porte, Harris County, Texas, identified as:
Bome Porte Subdivision, Commercial Reserve "B", Lots 1 thru 32, Block 1135, and
abandoned 16' public alley, Town of La Porte, 2.44 Acres out ofthe Johnson Bunter Survey,
A-35, La Porte, Barris County, Texas. City's utilitymain(s) presently do not extend to Owner's
said property. Owner has requested the aforementioned infrastructure extensions to serve Owner's
said property.
3. City hereby agrees to the construction and installation of the aforementioned infrastructure
extensions to said property commencing at the nearest existing utility main(s) of sufficient size
and capacity. Thence along/through City rights-of-way and/or easements to and through said
Owner's property. Provided, however, that should City not possess all necessary rights-of-way
and/or easements to cOluplete said infrastructure extensions, Owner shall be solely responsible for
obtaining said additional rights-of-way and/or easements at no cost to City.
4. Owner agrees to pay all costs related to the construction and installation of said infrastructure
extensions including necessary appurtenances in conformance with City's standards and
specifications for said infrastructure extensions. Owner further agrees to pay all engineering fees
for survey, design, contract documents, bidding, construction staking, and preparation of Record
Drawings upon completion of construction of infrastructure extensions.
5. City's participation in infrastructure extensions shall be limited to the following:
1
. Over -sizing of Storm Sewer system along S. 13th Street (from 24" to 36" & 48")
(See Exhibit #1 - Storm Sewer)
· Additiona1360 L.F. of 12" Sanitary Sewer Main
(See Exhibit #2 - Sanitary SewelJ
. Increased width ofS. 13th Street concrete pavement (7" thick) from 40' to 48'
(See Exhibit #3 - Road Extension)
6. Upon completion of construction and City's acceptance of infrastructure extensions, Owner's
Engineer shall submit to City a statement of the final construction cost, pills copies of all invoices
from the project for City's review. City's participation in the cost of the infrastructure extensions
shall be equal to and not exceed eighteen percent (18%) of the final construction cost of the
project or $60,000, whichever is less. This percentage is based on preliminary cost estimates of
both Owner's and City's participation in the infrastructure extensions project by Owner's
Engineer.
7. Subject to the provisions of this agreement, City hereby agrees to the construction and installation
of said utility main(s) according to the plans and specifications to be prepared by the Owner's
engineer and approved by the City. Upon completion and approval of plans and specifications,
Owner will solicit no less than three (3) competitive quotes for construction of the project When
received, quotes shall be tabulated by the Owner's engineer and a copy of said tabulation shall be
provided to City. City shall approve Owner's selection of a contractor based on the competitive
quotes and City shall authorize construction of said utility main(s). It is agreed and understood
that the Owner shall pay for any unforeseen costs or cost overruns in the project that result from
circumstances beyond the control of the City.
8. It is agreed and understood that the Owner shall be responsible for maintenance of said utility
main(s) until final acceptance of the construction and installation of said utility main(s) by City, at
which time maintenance responsibilities of said utility main( s) shall be transferred to City.
9. City agrees to accept the value of the extension(s) as a pro rata portion of the prevailing square
footage and/or front footage connection charge for water and/or sanitary sewer service against said
property belonging to Owner. Owner shall be responsible for all other customary charges.
10. Upon execution of this agreement and compliance with terms herein, Owner agrees to begin
construction thereof as soon as the same may be let for contract as herein provided. City shall
require the contractor under such contract to diligently pursue the construction of the project to
completion.
ll. In the event that other owners of property abutting the line(s) extended by Owner under this
contract, as shown on the illustrations attached hereto as Exhibits "1,2 & 3" and incorporated by
2
reference herein, shall utilize the extended line(s) constructed under this agreement, by making
connection thereto under a permit from Gty within a period of ten (10) years from and after the
date City has accepted the construction of said facilities by the contractor, City agrees to collect
from said property owners, its prevailing square footage and/or front footage connection fees from
said property owners and to reimburse Owner the amount collected from such property owners,
until Owner has be reimbursed a maximum total of the costs related to the construction and
installation of said lines paid by Owner under the terms of this agreement, less amount of City
participation, and less Owner's own connection fees.
COST OF INFRASTRUCTURE EXTENSIONS $
(Final Construction & Installation Costs Supplied by Engineer)
LESS CITY'S PARTICIPATION $
LESS OWNER'S CONNECTION FEE(S) $
EQUALS $
(Maximum Amount Reimbursable to Owner)
Note: Figures entered above are based on statement of final construction costs from Owner'8 Engineer.
IN WITNESS WHEREOF, the Parties to these presents ecuted this agreement in several
counterparts, each of which shall be deemed an origin<ll. in the ye and y first mentioned above.
(Seal)
Ci-tj MA1<Jff:J!i!/
ATTEST:
f!/ &IXA.-, /:/tttl
(City Secretary of La Porte)
BY:
TITLE:
(Sea
OWNER:
~
I
BY:
APPROVED AS TO FORM:
~ -r rf*~
City Attorney
ADDRESS:
~'1rD S~-t\LL
((~I \,~~
Note: If"Owner" is a corporation, Secretary of Corporation should attest.
3
EXHIBIT #1
STORM SEWER
EXHIBIT #2
SANITARY SEWER
EXHIBIT #3
ROAD EXTENSION
Attachment No.2
Area Map
t- ',J=l,J,",.,,',
[:~l;. ~I
~- ..~I
II Bit(
I,....if',,~\'-,. L, '!,.,4lt,"~,..~,'
( '. ""
" t IF
I :"-,'''1''''
. "'-
:".1 .e.....h..
:. ~:",,,,_"I...,,-..;..
~'''''''::Jf'5~a
~~ir
.( " ~", A.
JM.l.J _:~ ':".&.-.._
8
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: Januarv 14. 2008
Requested By: Wayne J. sM
/
Source of Funds:
NA
Account Number:
NA
Department: Plannin2
Amount Budgeted: NA
Report: _Resolution: _Ordinance:_ X
Exhibits: Ordinance
SUMMARY
The Flooding and Drainage Committee, at their December 3,2007, meeting directed Staff to create an ordinance to
establish a violation and a fine for persons driving during a storm and flood conditions in such a manner that causes
water to enter structures by wakes being created by excessive speeds. Staff researched various cities and found a
suitable example from the City of Neptune Beach, Florida.
Upon review of the sample ordinance, the Committee modified the content to a less lenient version by eliminating
the chances of a third offense with an escalating fine structure and recommended that the fines be reviewed to make
the punishment commensurate with the act. The Committee, at the January 7, 2008, meeting recommended the
ordinance be forwarded to City Council for consideration.
In coordination with the City Attorney's office, the attached ordinance:
. Defines flooded streets as any instance where both the curb and crown of a road, street or other improved
right-of-way (ROW) are under water from ROW line to ROW line or where any road, street, alley,
easement, right-of-way, or other pathway, regardless of whether equipped with curbs and gutters or
otherwise improved, is in such condition due to inundation of water that it potentially increases possibility of
damage by flooding to surrounding property or premises."
. Establishes that traversing a flooded street (given the above definition) with an automobile, truck, boat or
other vehicle or vessel at such a speed as to create a wake therein that causes damage or increased flooding
to a property or premises adjoining such flooded Street or Streets as unlawful (except under rescue
conditions or when protecting public safety).
. Establishes the violation as a class C misdemeanor and upon conviction, a fine not exceeding $500.
. Amends Appendix B "Fines" to add the new fine for the violation.
It is further recommended that the offense be made a criminal rather than a civil offense for ease of enforcement
and prosecution. The method of enforcement will be coordinated by the Police Department.
A public hearing is not required.
Action Required by Council: Approve an ordinance amending Chapter 70 "Traflic and VehIcles" of the Code of
. ances and Appendix B "Fines" establishing rules for traversing flooded streets with vehicles.
Ron Bottoms, City Manager
\
ORDINANCE NO. 2008 !!;(h 0
AN ORDINANCE AMENDING CHAPTER 70 "TRAFFIC AND VEHICLES" OF THE
CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AMENDING SECTION
70-1 "DEFINITIONS", AMENDING SECTION 70-2 "COMPLIANCE WITH
CHAPTER", ADDING SECTION 70-76 "TRAVERSING FLOODED STREET WITH
VEHICLE", ADDING SECTION 70-77 "PENALTIES FOR VIOLATION OF
ARTICLE", AND AMENDING APPENDIX-B "FINES"; PROVIDING A PENALTY
OF $500 FOR EACH OFFENSE; PROVIDING A SEVERABLITY CLAUSE;
CONTAINING AN OPEN MEETINGS CLAUSE; PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE
DATE HEREOF;
WHEREAS, the City of La Porte, Texas (herein, the "City"), being
a horne-rule city having authority to utilize police power
regulation for the health, safety and general welfare of the
citizens of the City; and,
WHEREAS, the City Council is de~ply concerned about recent
occurrences of flooding of st~eets and~djoining residential and
commercial structures;
WHEREAS, the City Council finds that the operation
on flooded streets at unreasonable speeds creates
result in damage or increased flooding to
improvements and other property located along and
flooded street; and,
of vehicles
wakes that
structural
adj acent to
WHEREAS, the City Council finds that establishing a policy to
restrict the operation of vehicles on flooded streets at speeds
that cause wakes will protect property and will reduce the
likelihood of a breach to the peace. caused by the creation of
wake disturbances and resulting property damage; and
WHEREAS, the laws of the State of Texas, including those found
in Chapter 51 of the Texas Local Government Code, and the City
Charter provide the City authority to adopt ordinances for the
good government, peace, order, and welfare of the municipality;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE,
TEXAS:
Section 1. The foregoing recitals are hereby found to be true
and correct and are hereby adopted by the City Council and made
a part hereof for all purposes as findings of fact.
Section 2. That the Code of Ordinances of the City of La Porte,
Texas is hereby amended by amending Section 70-1 "Definitions",
of Article 1 "In General", Chapter 70 "Traffic and Vehicles" of
the Code of Ordinances, to add the following definition to be
included in said section in proper alphabetical sequence:
"Flooded Street means any instance where both the curb and
the crown of a road, street, or other improved right-of-way are
under water from right-of-way line to right-of-way line, or
where any road, street, alley, easement, right-of-way, or other
pathway, regardless of whether equipped with curbs and gutters
or otherwise improved, is in such condition due to inundation of
water that it potentially increases possibility of damage by
flooding to surrounding property or premises."
Section 3. That the Code of Ordinances of the City of La Porte,
Texas is hereby amended by amending Section 70-2 "Compliance
with chapter", of Article I. "In General", Chapter 70 "Traffic
and Vehicles" of the Code of Ordinances, which said Section
shall read as follows:
"Sec. 70-2. Compliance with chapter.
It is unlawful and, unless otherwise declared in this chapter
with respect to particular offenses, it is a misdemeanor for any
person to do any act forbidden or fail to perform any act
required in this chapter. Neither allegation nor evidence of a
culpable mental state is required for the proof of an offense
defined in this chapter, during the prosecution of such offenses
in any criminal proceeding."
Section 4. That the Code of Ordinances of the City of La Porte,
Texas is hereby amended by adding new Section 70-76 "Traversing
Flooded Street with Vehicle", of Article III. "Operation of
Vehicles", Division 1 "Generally", Chapter 70 "Traffic and
Vehicles" of the Code of Ordinances, which said Section shall
read as follows:
"Sec. 70-76. Traversing Flooded Street with Vehicle.
(a) It shall be unlawful for any person to traverse a flooded
street in an automobile, truck, boat, or other vehicle or vessel
at such speed as to create a wake therein that causes damage or
increased flooding to the property or premises adjoining such
flooded street or streets.
(b) It is an affirmative
section that the person was
protecting the public order
defense to
performing a
and safety."
prosecution under this
rescue operation or was
Section 5. That the Code of Ordinances of the City of La Porte,
Texas is hereby amended by adding new Section 70-77 "Penalties
for violation of article", of Article I. "In General", Chapter
70 "Traffic and Vehicles" of the Code of Ordinances, which said
Section shall read as follows:
"Sec. 70-77. Penalties for violation of article.
(a) A person who violates any provision of this article shall
be guilty of a class C misdemeanor and upon conviction shall be
fined an amount not exceeding $500.00.
(b) A person who violates subsection 70-75 (e) shall be fined
an amount not exceeding $50.00 upon the first conviction and an
amount not exceeding $100.00 upon the second and each subsequent
conviction.
a. The municipal court shall dismiss a charge against a person
and/or parent for a first offense under subsection 70-75 (e),
upon receiving proof that:
i. The defendant
operating or riding
subsection 70-75(e);
acquired a helmet for the person who was
the motor assisted scooter in violation of
and
ii. The defendant acquired the helmet on or before the tenth
day after receiving the citation of the violation.
b. If the charge against a person is dismissed under
subsection 70-76 (b) a., a later conviction for a violation of
subsection 70-75 (e) shall be considered a second or subsequent
conviction for purposes of subsection 70-76(b)."
Section 6. That the Code of Ordinances of the City of La Porte,
Texas is hereby amended by adding new Sections 70-78--70-95
"Reserved", of Article III. "Operation of Vehicles", Division 1
"Generally" Chapter 70 "Traffic and Vehicles" of the Code of
Ordinances, which said Section shall read as follows:
"Sees. 70-78--70-95. Reserved."
Section 7. That the Code of Ordinances of the City of La Porte,
Texas is hereby amended by adding Article III. "Operation of
Vehicles", Division 1 "Generally", Section 70-76 "Traversing
Flooded Street with Vehicle" to Appendix-B "Fines", Chapter 70
"Traffic and Vehicles", which as amended shall read as follows:
"Article III. Operation of Vehicles
Division 1. "Generally"
(a) Fine for violation of S 70-76 (a) ....
$500"
Section 8. Open Meetings. 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 subj ect matter thereof has been
discussed, considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice and
the contents and posting thereof.
Section 9. Severabili ty. Should any section or part of this
ordinance be held unconstitutional, illegal, or invalid, or the
application to any person or circumstance for any reasons
thereof ineffective or inapplicable, such unconsti tutionali ty,
illegality, invalidity, or ineffectiveness of such section or
part shall in no way affect, impair or invalidate the remaining
portions thereof; but as to such remaining portion or portions,
the same shall be and remain in full force and effect and to
this end the provisions of this ordinance are declared to be
severable.
Section 10. Effective Date. This Ordinance shall be effective
fourteen (14) days after its passage and approval. The City
Secretary shall give notice of the passage of this ordinance by
causing the caption hereof to be published in the official
newspaper of the City of La Porte at least twice within ten (10)
days after the passage of this ordinance, in accordance with the
provisions of Chapter 52, Texas Local Government Code, and the
City of La Porte Charter.
PASSED AND APPROVED on the I LfJI-
day of JIl'~IAOf~ 2008.
By:
9~
Alton E. Porter
Mayor
ATTEST:
vf7lkti~ f)./Jv!1/
Martha A. Gillett
City Secretary
APPROVED:
ttul.r;f~
CIark T. Asklns
Assistant City Attorney
9
REQUEST FOR CITY COUNCIL AGENDA ITEM
Requested By:
January 14.2008
W.Sr ~
Bud2et
Agenda Date Requested:
Source of Funds:
Department:
Planning
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Exhibits:
Ordinance #200J-2623-A
Amount Requested:
Exhibits:
Administrative Fee Justification
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
At the December 3, 2007 meeting, City Council held a workshop to discuss possible changes to weed height
regulations and mowing fees. Staff incorporated the requested changes in the attached ordinance.
The new ordinance identifies violations/public nuisances by "lot" and "acreage". Lot violations occur when weeds
are over six inches (6") and acreage violations occur when weeds are over twelve inches (12") in height. Currently,
violations occur when weeds are more than eighteen inches (18") in height.
While the "setback or buffer strip" distance remains at 150' of any residence or place of business within the city,
additional language has been added to address "acreage". The new language reauires the entire acreage to be
mowed (in lieu iust a buffer strip) whenever multiple developments abut the acreage in violation.
Also, the ordinance amends Appendix A, "Fees" to identify charges for abatement. New charges include the
contractor cost plus a $200 administrative fee. A copy of the administrative fee justification has been attached for
your reference.
Action Reauired bv Council:
rove an ordinance reducing the height requirement on weed violations and increasing mowing charges
iated with abatement of such violations.
oc!6
e
ORDINANCE NO. 2003-2623-A
AN ORDINANCE AMENDING CHAPTER 34 "ENVIRONMENT" OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE IV.
"UNSANITARY, UNSIGHTLY CONDITIONS ON PRIVATE PREMISES," SECTION 34-126
"DEFINITIONS", SECTION 34-127 "ENFORCEMENT OF ARTICLE", SECTION 34-128
"PROHIBITED CONDITIONS DESIGNATED", SECTION 34-132 "ABATEMENT BY CITY
GENERALLY", AND AMENDING APPENDIX A "FEES," CHAPTER 34
"ENVIRONMENT," ARTICLE IV. (A) "ABATEMENT CHARGES," (B) "REMOVAL OF
LIEN FILED ON PROPERTY," AND (C) "OWNER CONTRACTING ABATEMENT WITH
CITY"; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY
CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING
THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE
DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED
IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1: That Chapter 34, "Environment," Article IV. "Unsanitary, Unsightly Conditions
on Private Premises," Section 34-126 "Definitions," of the Code of Ordinances, La Porte, Texas,
is hereby amended by adding definition for term "acreage" and amending the existing definitions
for the terms "lot or parcel of real estate" and "weeds", to be included in said section in proper
alphabetical sequence, and which definitions shall read as follows:
"Acreage means a tract of land that is in excess of three-quarters of an acre (32,670 sq. ft.) in
land area."
"Lot means a tract of land that is less than three-quarters of an acre (32,670 sq. ft.) in land area,
and includes, in addition to the ground within its boundaries, all ground lying and being adjacent
to and extending beyond the property line of such lot or parcel of real estate to the curb line of
adjacent streets, where a curbline has been established, and 14 feet beyond the property line
where no curbline has been established on adjacent streets; and, in all cases, to the center of all
adjacent alleys."
"Weeds means all rank and uncultivated vegetable growth or matter which has grown to more
than six inches (6") on lots and twelve inches (12") on acreage or which, regardless of height, is
liable to become an unwholesome or decaying mass or a breeding place for mosquitoes or
vermin. "
Ordinance # 2003-2623-A
Page 2
Section 2: That Chapter 34, "Environment," Article IV. "Unsanitary, Unsightly Conditions
on Private Premises," Section 34-127 "Enforcement of article", of the Code of Ordinances, La
Porte, Texas, is hereby amended to read as follows:
"Sec. 34-127. Enforcement of article.
The terms and conditions of this article shall be enforced by the director of planning or
his duly designated agents. It is unlawful and, unless otherwise declared in this chapter with
respect to particular offenses, it is a misdemeanor for any person to do any act forbidden or fail
to perform any act required in this article. Neither allegation nor evidence of a culpable mental
state is required for the proof of an offense defined in this chapter, during the prosecution of such
offenses in any criminal proceeding."
Section 3: That Chapter 34, "Environment," Article IV. "Unsanitary, Unsightly Conditions
on Private Premises," Section 34-128 "Prohibited Conditions Designated", of the Code of
Ordinances, La Porte, Texas, is hereby amended to read as follows:
"Sec. 34-128. Prohibited Conditions Designated.
The following specific acts and conditions are declared to constitute a public nuisance and are
hereby prohibited and made unlawful:
(1) Weeds, brush, rubbish and all other objectionable, unsightly and insanitary matter of
whatever nature, covering or partly covering the surface of any portion of a lot, where
the lot is located within 150 feet of the property line of a residence or place of
business.
(2) Weeds, brush, rubbish and all other objectionable, unsightly and insanitary matter of
whatever nature, covering or partly covering the surface of acreage, on that portion of
the acreage situated within 150 feet of the property line of any residence or place of
business. However, in any case where the acreage is abutted by a residence or place
of business on more than one side of the acreage, the owner of the acreage shall be
responsible for maintaining the surface of every portion of the acreage as required by
this article, regardless of the size of the acreage.
(3) Any lot or parcel of real estate situated within the city which has the surface thereof
filled or partly filled with holes, or is in such condition that the lot or parcel holds or
is liable to hold stagnant water therein, or, from any other cause, is in such condition
as to be liable to cause disease, or produce, harbor or spread disease germs of any
nature or tend to render the surrounding atmosphere unhealthy, unwholesome or
obnoxious."
2
Ordinance # 2003-2623-A
Page 3
Section 4: That Chapter 34, "Environment," Article IV. "Unsanitary, Unsightly Conditions
on Private Premises," Section 34-132 "Abatement by City - Generally," of the Code of
Ordinances, La Porte, Texas, is hereby amended to read as follows:
"Sec. 34-132. Abatement by City - Generally.
( a) In the event of the failure, refusal or neglect of the owner of any premises or property
to comply with a notice given him pursuant to this article, it shall be the duty of the
director of planning or his duly designated agents to cause the weeds, brush, rubbish
or other insanitary matter or condition constituting a nuisance to be promptly and
summarily abated, in a reasonable and prudent manner at the expense of the city. The
director of planning or his duly designated agents shall carefully determine the cost of
such work done and shall charge such costs against the owner of such premises. Cost
shall be based upon the charges in amounts established by the city and listed in
Appendix A of this code.
(b) The city shall have the right to award any quantity of work authorized under this
section to a general contractor whose bid shall be accepted by the city council as the
lowest and best secured bid for doing the work mentioned in this section during a
stipulated time not to exceed one year."
Section 5: That Appendix A, "Fees," Chapter 34 "Environment," Article IV. "Unsanitary,
Unsightly Conditions on Private Premises," of the Code of Ordinances, La Porte, Texas, is
hereby amended to read as follows:
"(a) Abatement Charges
(1) Per Lot
(2) Per Acre
(3) Minimum Bill on Property
Contractor Charge + $200 Administrative Fee
Contractor Charge + $200 Administrative Fee
Contractor Charge + $200 Administrative Fee
(b) Removal of Lien filed on Property
$75.00 + Attorney Costs
(c) Owner Contracting Abatement with City
(1) Per Lot Contractor Charge + $200 Administrative Fee
(2) Per Acre Contractor Charge + $200 Administrative Fee"
Section 6: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are
hereby repealed; provided, however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
3
Ordinance # 2003-2623-A
Page 4
Section 7: Should any section or part of this ordinance be held unconstitutional, illegal, or
invalid, or the application to any person or circumstance for any reasons thereof ineffective or
inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or
part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such
remaining portion or portions, the same shall be and remain in full force and effect and to this
end the provisions of this ordinance are declared to be severable.
Section 7. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any
provision of this ordinance as codified in the Code of Ordinances herein, shall be deemed guilty
of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO
THOUSAND DOLLARS ($2000.00).
Section 8. 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 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 9. This Ordinance shall be effective fourteen (14) days after its passage and approval.
The City Secretary shall give notice of the passage of this ordinance by causing the caption
hereof to be published in the official newspaper of the City of La Porte at least twice within ten
(10) days after the passage of this ordinance, in accordance with the provisions of Chapter 52,
Texas Local Government Code, and the City of La Porte Charter.
PASSED AND APPROVED this the } 1{JI- day of crMJ ~ 'Y , 2008.
CITY ~ ~A PORTE 0
By: ~~~.I~
Mayor
e:m~ rJd
City Secretary
APPRO~
~r~
City Attorney
4
ADMINISTRATIVE FEE - MOWING/CLEAN-UP
( 12/26/07)
Utilized $30/hour: Includes costs associatedfor employee hourly pay & benefits
Field identification
-Notes & photo as needed
~ hour
$ 15.00
Create violation paperwork
~ hour
$ 15.00
Computer case entry by office
- issue notification -OR-
- issue work order for contractor
~ hour
$ 15.00
For notifications, re-inspect + issue
work order for non-compliance
1 hour
$ 30.00
Field confirmation on contractor
work order completion
~ hour
$ 15.00
Update/close code enf case in
computer & file accordingly
~ hour
$ 15.00
Process paperwork for contractor
payment & forward to Accounting
~ hour
$ 15.00
Provide billing info to Acctg. Dept.
~ hour
$ 15.00
Acctg. bills owner
~ hour
$ 15.00
Acctg. pays contractor
~ hour
$ 15.00
Acctg. processes payment
~ hour
$ 15.00
Acctg. monitors payments; additional
billing/files liens as needed
~ hour
$ 15.00
$190.00
ADMINISTRATIVE FEE - $200.00
S:\City Planning Share\04-INSPECTIONS DIVlSION\ALL OTHER STUFF\Code Enforcement\Correspondence\Adminstrative Fee
Documentation.doc
10
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: .January 14,2008
Requested By: Steve Gillett )eJt$#
Department: Public Works
Bud!!et
Source of Funds: 049
Account Number: 049-9892-938-1100
Report: X Resolution:
Ordinance:
Amount Budgeted: $6,094,040.00
Exhibits: Engineer's Recommendation
Amount Requested: $5.929.290
Exhibits: Bid tabulation
Rlldveted Item: YF.S
Exhibits Cost-Reduction Proposal
SUMMARY & RECOMMENDATION
Preliminary Engineering Report (PER) for Phase II of the Wastewater Treatment Plant (WWTP)
expansion was completed by PBs&J Engineering in July 2005. The PER recommended
expansion of the aeration train at the WWTP to 5.5 MGD. In October 2006 Council approved
PBS&J Engineering to design the expansion of the aeration train capacity. Design was completed
in September 2007.
To build the expansion, requests for prequalification statements were sent to 17 (seventeen)
potential contractors and was publicly advertised. 6 (six) contractors submitted qualification
statements and 5 (five) contractors met prequalification criteria. Sealed bids were received from
3 (three) of the 5 (five) prequalified contractors and opened November 7, 2007 with CSA
Construction being the low bid at $ 6,148,000.00
CSA Construction through PBS&J Engineering has proposed changes to the design through a
request for Change Order #1 for a reduction of costs totaling $329,500 bringing the estimated
cost of construction to $5,818,500. A contingency amount of$110,790 (1.9%) is also
recommended.
Action Required bv Council: Authorize the City Manager to execute a contract with CSA
Const 'on Inc. for $6,148,000 and approve change order # 1 submitted by CSA Construction
In or $3 9,500, for a total revised contract of$5,818,500. Additionally, authorize a $110,790
nstructi n contingency, for a total authorization of $5,929,290.
Council A enda
,A~9
DatE
An employee-owned company
January 7, 2008
Mr. Steve Gillett; Public Works Director
City of La Porte
604 West Fairmont Parkway
La Porte, Texas 77571
Re: Little Cedar Bayou WWTP Expansion
CLP Bid No. 07026
Recommendation of Award
Dear Mr. Gillett:
On November i\ 2007, City of La Porte received bids for the Little Cedar Bayou
WWTP Expansion project. Enclosed is a bid tabulation of all bids received. Our
review of the bid proposal received indicates CSA Construction, Inc. is the low,
responsible, and qualified bidder for this project.
PBS&J recommends that City of La Porte, Texas award the contract to CSA
Construction, Inc. for the amount of$5,818,500.00. This amount includes base bid
amount of $6, 148,000.00 less deductive items for the amount of$329,500.00. Attached
is a copy of deductive items.
Should you have any questions or require additional information please feel free to call
us.
Yours Sincerely;
if /0k~
Bahman (Nick) Kaboudvand, P.E.
Senior Engineer
W / Attachments
1250 Wood Branch Park Drive. Suite 300. Houston, Texas 77079. Telephone 281.493.5100. Fax 281.493.1047. www.pbsj.com
Project Name: City of La Porte Little Cedar Bayou WWTP Expansion
CLP Bid No.: 07026
Project No.: 441774.00
Bid Opening Date/Place: 2PM Nov. 72007, City of La Port~ Texas
Deduction Alternatives Additions
Company Base Bid Chlorination De- Electrical LS No.1 VFD
System Chlorination Building
CSA Construction, Inc. $6,148,000.00 $ (100,000.00) - $ - $ 27,000.00
LEM Construction Co., Inc. $6,393,600.00 $ (60,000.00' $ (60,000.00) $ (15,000.00) $ 29,000.00
Allco. Inc. $6,797,700.00 $ 160,000.00 - - $ 25,200.00
CSA Construction, Inc. / General Contractors
~f1
713 I 686-8868
713 I 686-8889 Fox
2314 McAllister Road, Houston. Texas 77092
January 4, 2008
Mr. Bahman Kaboudvand, P.E.
PBS & J
1250 Wood Branch Drive, Suite 300
Houston, Texas 77079
Re: City of La Porte, Texas
Little Cedar Bayou WWTP Expansion
Dear Mr. Kaboudvand:
The following are several cost saving options for you to consider:
1. Provide Chlorination and Dechlorination Systems utilizing Superior equipment
manufactured by Chemical Injection Technologies, Inc.
Deduct $100,000
2. Revise the area oftbe proposed asphalt paving to approximately 1280 sy and delete four
light poles and associated ductbanks. See attacbed sketch for paving areas.
Deduct $82,700
3. Change slab elevation oftbe Chlorine Contact Basin from EL. 4.33 to EL 8.0 and
increase basin length from 20' to 30'.
Deduct $12,100
4. Delete the concrete mow strip at the chain link fence.
Deduct $ 8,000
5. Delete the painting oftbe existing traveling bridge crane and associated structural steel.
Deduct $ 47,000
6. Delete the lift station wet well coatings.
Deduct $ 44,000
~~
Page 2
7. Change the check valves from oil cushion to lever and weight.
Deduct $ 13 ,200
8. Change the exposed portion of the 36" ML line from ductile iron pipe to steel pipe with
polyurethane lining.
Deduct $ 22,500
Please contact me to discuss any of these options in further detail.
Sincerely,
SECTION 00600
PERFORMANCE BOND
LITTLE CEDAR BAYOU WWTP EXPANSION
CLP BID No. 07026
BOND No. 46BCSEW951 4
STATE OF TEXAS
COUNTY OF HARRIS
KNOW ALL MEN BY THESE PRESENTS: That CSA CONSTRUCTION, INC. of
the City of HOUSTON County of HARRIS , and State of TEXAS , as
principal, and HARTFORD FIRE INSURANCE COMPANY authorized under the laws of the State of
Texas to act as surety on bonds fOf principals, are held and firmly bound unto
The City of La Porte (Owner), in the penal sum of
dollars ($5,818,500.00 ) for the payment whereof,. the said Principal and Surety bind
themselves, and their heirs, administrators, executors, successors and assigns,
jointly and severally, by these presents:
WHEREAS, the Principal has I3ntered into a certain. written con~ract with
the Owner, dated the '"-3/ day ofua1lu4r:f2008, to which contract IS hereby
referred to and made apart hereof as fully ao6 to the same extent as if copied at
length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH,
that if the said Principal shall faithfully perform said Contract and shall in all
respects duly and faithfully obserya and perform all and singular the covenants,
conditions and agreements in and by said contract agreed and covenanted by
the Principal to be observed and performed, and according to the true iritent and
meaning of said Contract and the Plans and Specifications hereto annexed, then
this obligation shall be void; otherwise to remain in full force and effect;
"PROVIOED, HOWEVER, that this bond is executed pursuant to the
provisions of Vernon's Texas Codes Annotated. Texas Government Code.
Chapter 2253, as amended and all liabilities on this bond shall be determined in
accordance with the provisions of said Article to the same extent as if it were
copied at length herein."
Surety, for value received, stipulates and agrees that no change,
extension Of time, alteration or addition to the terms of the Contract, or to the
work performed thereunder, or the plans, specifications, or drawings
accompanying the same, shall in any way affect its obligation on this bOnd, and it
does hereby waive notice of any such change, extension of time, alteration Of
addition to the terms of the contract, or to the work to be performed thereunder.
441774 1 07H015
00600-1
IN WITNESS WHER~OF, the said Principal and Surety have signed and
sealed this instrument this g day of ~q '7#'1""-;,2008.
. /
By:
HARTFORD FIRE INSURANCE COMPANY
Surety
By:
iJuL fa lLL-------,
/
Title:
Title:
VICKIE BYus, Ano NEY-IN-F ACT
Address:
2314 McAllister Road
Address:
690 ASYLUM AVE.
Houston, Texas 77092
HARTFORD, CT 061 1 5
The name and address of the Resident Agent of Surety is:
BOWEN, MICLETTE & BRITT, INC.
1 1 1 1 N. Loop WEST, #400,
HOUSTON, TEXAS 77008
441774/07H015
00600-2
SECTION 00600
PAYMENT BOND
LITTLE CEDAR BAYOU WWTP EXPANSION
CLP BID No. 07026
BOND NO. 46BCSEW9514
STATE OF TEXAS
COUNTY OF HARRIS
KNOW ALL MEN BY THESE PRESENTS: That CSA CONSTRUCTION, INC. of the
City of HOUSTON County of HARRIS , and State of TEXAS , as
principal, and HARTFORD FIRE INSURANCE COMPANY authorized under the laws of the State of Texas
to act as surety on bonds for principals, are held and firmly bound unto The City of La
Porte (Owner), in the penal sum OfFIVEMILLlON,EIGHTHUNDREDEIGHTEENTHOUSAND,FIVEHUNDRED&O0/100 . dollars
($5,818,500.00) for the payment whereof, the said Principal and Surety bind themselves,
and their heirs, administrators, executors, successors and assigns, jointly and severally,
by these presents:
WHEREAS, the Principal has ~ntered into a certain written contract with the
Owner, dated the -:3 / day of J~ 11 u ~ rvt , 2008, to which contract is hereby
referred to and made apart hereof as fully and tI the same extent as if copied at length
herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if
the said Principal shall pay all claimants supplying labor and material to him or a
subcontractor in the prosecution of the work provided for in said contract, then, this
obligation shall be void; otherwise to remain in full force and effect;
"PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions
of Vernon's Texas Codes Annotated. Texas Government Code. Chapter 2253, as
amended and all liabilities on this bond shall be determined in accordance With the
provisions of said Article to the same extent as if it were copied at length herein."
Surety, for value received, stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the Contract, or to the work performed
thereunder, or the plans, specifications, or drawings accompanying the same, shall in
such change extension of time, alteration or addition to the terms of the contract, or to
the work to be performed thereunder.
441774/07H015
00600-1
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed
this instrument this .J I day of \. J~,1 If t1 "1 ' 2008.
CSA Construction,
Principal
HARTFORD FIRE INSURANCE COMPANY
Surety
By:
By:
~
Title:
Title:
Address:
2314 McAllister Road
Address:
690 ASYLUM AVE.
Houston, Texas 77092
HARTFORD, CT 061 1 5
The name and address of the Resident Agent of Surety is:
BOWEN, MICLETTE & BRITT, INC.
1 1 1 1 N. Loop WEST, #400,
HOUSTON, TEXAS 77008
441774/07H015
00600-2
Direct Inquiries/Claims to:
POWER .OF ATTORNEY P.o.B~~~F~;1~~~VENUE
HARTFORD, CONNECTICUT 06115
call: 888-266-3488 or fax: 860-757-5835
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 46-504809, 46-505579 & 61-613558
~ Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut
CK:J Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana
CK:J Hartford Accident and Indemnity Company, a corporation duly organized under the laws.ofthe State of Connecticut
c::J Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut
D Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana
o Hartford Insurance Company of Illinois, a corporation duly organized under the laws oCthe State of Illinois
o Hartford Insurance Company of the Midwest, a corporation duly organized under the laws oCthe State of Indiana
o Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida
having their home office in Hartford, Connecticut, (hereinafter col1ectively referred to as the "Companies") do hereby make, constitute and appoint,
up to the amount of unlimited:
David G. Miclette, Sam F. Bowen, Edward G. Britt, Jr., Kristi Lovett, Barry K. McCord,
Vickie Byus, Kristy Knapp, Ashley Britt, Robert C. Davis, David T. Miclette
of
Houston, TX
their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as
delineated above by ~, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the
nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies
have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affIXed, duly attested by its Assistant
Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are
and will be bound by any mechanically applied signatures applied to this Power of Attomey.
{} wv-J 7~
Paul A. Bergenholtz, Assistant Secretary
David T. Akers, Assistant Vice President
STATE OF CONNECTICUT}
55. Hartford
COUNTY OF HARTFORD
On this 4th day of August, 2004, before me personally came David T. Akers, to me known, who being by me duly swom, did depose and
say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the
corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the
said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed
his name thereto by like authority.
Scolt E.Paseka
Notary Public
CERTIFICATE My Commission Expires October 31, 2007
I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct
copy of the Power of Attorney execut~d by said Companies, which is still in full force effective as of J ~ rl U ~,. :3 / 2 tJ CJ t'"'
Signed and sealed at the City of Hartford. 7) 0
..o~rg
ff~l
Gary W. Stumper, Assistant Vice President
POA 2004
IMPORTANT NOTICE.
To obtain information or make a complaint:
You may contact your agent.
You may call Hartford Insurance Group at the
toll free telephone number for information or to
make a complaint at:
1-800-392-7805
You may also write to The Hartford:
The Hartford
Hartford Financial Products
2 Park Avenue, 5th Floor
New York, New York 10016
1-212-277 -0400
You may contact the Texas Department of
Insurance to obtain information on companies,
coverages, rights or complaints at:
1-800-252-3439
You may write the Texas Department of
Insurance
P.O. Box 149104
Austin, TX 78714-9104
Fax Number (512) 475-1771
Web: http://www.tdi.state.tx.us
E-mail: ConsumerProtection@tdi.state.tx.us
PREMIUM OR CLAIMS DISPUTES: Should
you have a dispute concerning your
premium or about a claim you should
contact the agent first. If the dispute is not
resolved, you may contact the Texas
Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY:
This notice is for your information only and
does not become a part or condition of the
attached document.
F-4275-1, .fTX4275-1
HR 42 H006 00 0807
AVISO IMPORT ANTE
Para obtener informacion 0 para someter una
queja.
Puede comunicarse con su agente.
Usted puede lIamar al numero de telefono
gratis de The Hartford Insurance Group para
indormacion 0 para someter una queja al
1-800-392-7805
Usted tambien puede escribir a The Hartford.
The Hartford
Hartford Financial Products
2 Park Avenue, 5th Floor
New York, New York 10016
1-212-277-0400
Puede comunicarse con el Departamento de
Seguros de Texas para obtener informacion
acerca de compafiias, coberturas, derechos 0
quejas al:
1-800-252-3439
Puede escribir al Departamento de Seguros de
Texas
P.O. Box 149104
Austin, TX 78714-9104
Fax Number (512) 475-1771
Web: http://www.tdi.state.tx.us
E-mail: ConsumerProtection@tdi.state.tx.us
DISPUT AS SOBRE PRIMAS 0 RECLAMOS:
Si tiene una disputa concerniente a su
prima 0 a un reclamo, debe comunicarse
con su agente primero. Si no se resuelve la
disputa, puede entonces comunicarse con
el departamento (TDI).
UNA ESTE AVISO A SU POLlZA: Este aviso
es solo para proposito de informacion y no
se convierte en parte 0 condicion del
documento adjunto.
SECTION 00500
AGREEMENT
CLP BID No. 07026
THIS AGREEMENT, made this ~ day OfJ
between the CITY OF LA PORTE, hereinafter called
through its CITY MANAGER and CSA Construction Inc.
A corporation in County of Harris, and State of Texas, hereinafter called
"Contractor" .
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by the OWNER,
the CONTRACTOR hereby agrees with the OWNER to commence and
complete the construction described as follows:
LITTLE CEDAR BAYOU WWTP
EXPANSION
CLP BID No. 07026
hereinafter called the project, for the Total Price of Five Million, Eight Hundred
Eighteen Thousand, Five Hundred Dollars and Zero Cents ($ 5,818,500.00) and
all extra work in connection therewith, under the terms as stated in the General
and Supplementary Conditions of the Contract; and
Further, that the CONTRACTOR agrees, at his (its or their) own proper
cost and expense, to furnish all the materials, supplies, machinery, equipment,
tools, superintendence, labor, insurance, and other accessories and services
necessary to complete the said project in accordance with:
A. The terms and conditions stated in the Proposal and in the General
Conditions, and Supplementary Conditions of this Contract; Scope
of Work
B. The plans, which include all maps, plats, blue prints, and other
drawings and printed or written explanatory matter thereof; and
C. The Specifications and other contract documents therefore, as
prepared by the City of La Porte, all of which are made a part
hereof and collectively evidence and constitute the contract.
441774/07H015
00500-1
Article 3.
CONTRACT TIME
The Work will be substantially completed within the time stipulated in
Section 00300 Bid Proposal from the date when the Contract Time commences
to run as provided in Paragraph 2.03 of the General Conditions, and completed
and ready for final payment in accordance with Paragraph 14.07 of the General
Conditions within 476 calendar days from the date when the Contract Time
commences to run.
Liquidated Damages. OWNER and CONTRACTOR recognize that time is
of the essence of this Agreement and that OWNER will suffer financial loss if the
Work is not completed within the times specified in the paragraph above, plus
any extensions thereof allowed in accordance with Article 12 of the General
Conditions.
They also recognize the delays, expense, and difficulties involved in
proving in a legal or arbitration proceeding the actual loss suffered by OWNER if
the Work is not completed on time. Accordingly, instead of requiring any such
proof, OWNER and CONTRACTOR agree that as liquidated damages for delay
(but not as a penalty), CONTRACTOR shall pay OWNER One Hundred Fifty
Dollars ($150.00) for each day that expires after the time specified in the
paragraph above for Substantial Completion until the Work is substantially
complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse,
or fail to complete the remaining Work within the Contract Time or any proper
extension thereof granted by OWNER, CONTRACTOR shall pay OWNER Fifty
Dollars ($50.00) for each day that expires after time specified in the above
paragraph for completion and readiness for final payment.
441774/07H015
00500-2
IN WITNESS WHEREOF, the parties to these present have executed this
contract, each of which shall be deemed an original, in the year and day first
above mentioned.
CITY OF LA PORTE
Name of Owner
SEAL
By:
JohA JOCrFlS ~"f\ I3c ~ S
-k:;lterW:rl City Manager
Title
Attest:
By: ~L)hI11"~iY\) tr
Martha Gillett I
City Secretary
Title
By:
SEAL
/g/L
f Authorized Person
Rich Austin
Richard M. Mayfield, Secretary
President
Title of Authorized Person
Witness
2314 McAllister Rd.
Houston, TX 77092
713-686-8868
Address and Zip Code
Approved as to Form: ~ f ~
City Attorney
441774/07H015 00500-3
A CORD"A CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYVY)
1/22/2008
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Bowen, Miclette & Britt, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1111 North Loop West ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Suite 400
Houston TX 77008 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURERA:Westchester Fire Insurance Com 21121
CSA Construction, Inc. INSURERB: Fireman I s Fund Insurance Comn 21873
2314 McAllister Road
Houston TX 77092 INSURER c:
INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE
TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR r..~~~ POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
IT"
~NERAL LIABILITY EACH OCCURRENCE $
DAMAGE 1?E RENTED
COMMERCIAL GENERAL LIABILITY PREMISES Ea occurence) $
f-- :=J. CLAIMS MADE D OCCUR
MED EXP (Anyone person) $
f--
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $
n POLICY n ~~?T II LOC
~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $
ANY AUTO (Ea accident)
-
- ALL OWNED AUTOS BODILY INJURY
(Per person) $
- SCHEDULED AUTOS
- HIRED AUTOS BODILY INJURY
(Per accident) $
NON-OWNED AUTOS
-
- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
~ ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
A EXCESS/UMBRELLA LIABILITY G22012708002 4/1/2007 4/1/2008 EACH OCCURRENCE $10.000 000
iJ OCCUR D CLAIMS MADE AGGREGATE $10.000 000
$
~ DEDUCTIBLE $
X RETENTION no 000 $
WORKERS COMPENSATION AND I T~'<?'~T ~Jg;, I IOJ~-
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $
If yes, describe under E.L. DISEASE - POLICY LIMIT $
SPECIAL PROVISIONS below
B OTHER MXI07707068 4/1/2007 4/1/2008 $15,000,000. Any One
Builders Risk Location Limit
*Construction Block $250,000./ Transit/Temp
Policy Location
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
*Construction Block Policy Includes Scheduled Equipment-$2,335,412.;Rented/Leased Equipment-$600,000 Per Item
~EF: Little Cedar Bayou WWTP Expansion - CLP Bid no. 07026
~dditional Insured & Waiver of Subrogation re Umbrella Liability in favor City of La Porte (owner) as required by
~ritten contract.
City of LaPorte
2963 N. 23rd St.
La Porte TX 77571
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER
WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE
CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO
SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON
THE INSURER, ITS AGENTS OR REPRESENTATIVES.
CERTIFICATE HOLDER
AUTHORIZED REPRESENTATIVE
ACORD 25 (2001/08)
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
r I
ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYVY)
01/18/08
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Artex Risk Solutions, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
2 Pierce Place HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Itasca, IL 60143
Sheryl Haas 630-285-4187 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Old Republic Insurance Co. 24147
CSA Construction, Inc. INSURER B:
2314 Me Allister Rd INSURER C:
Houston, TX 77092 INSURER D:
INSURER E:
Client#. 51095
CRASHEAU
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICA TED. NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
l~iW ~~~[ TYPE OF INSURANCE POLICY NUMBER PJ>1-~~~ri~f~8~~\E p~~~J,~~~~~N LIMITS
A GENERAL LIABILITY MWZY54780 04/01/07 04/01/08 EACH OCCURRENCE $1.000.000
- DAMAGE TO RENTED
X COMMERCIAL GENERAL LIABILITY $100,000
I CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $5 000
PERSONAL & ADV INJURY $1.000.000
-
- GENERAL AGGREGATE $2.000 000
GEN'L AGGREriiE LIMIT APPlS PER: PRODUCTS - COMP/OP AGG $2.000 000
I X PRO-
POLICY JECT LOC
A AUTOMOBILE LIABILITY MWTB19812 04/01/07 04/01/08 COMBINED SINGLE LIMIT
- $1,000,000
~ ANY AUTO (Ea accident)
- ALL OWNED AUTOS BODILY INJURY
$
SCHEDULED AUTOS (Per person)
-
~ HIRED AUTOS BODILY INJURY
$
~ NON-OWNED AUTOS (Per accident)
- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY- EA ACCIDENl $
~ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $
~ OCCUR 0 CLAIMS MADE AGGREGATE $
$
==i DEDUCTIBLE $
RETENTION $ $
A WORKERS COMPENSATION AND MWC115117 04/01/07 04/01/08 X T T~gJi~J,~<: I IOJ~-
EMPLOYERS' LIABILITY $1,000,000
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $1,000,000
If yes, describe under $1,000,000
SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
RE: Little Cedar Bayou WWTP Expansion, LaPorte, Texas, CLP Bid No. 07026,
PBS&J P.N. 441774 /I City of LaPorte and PBS&J are included as
additional insureds. Waiver of subrogation applies in favor of City of
LaPorte.
CERTIFICATE HOLDER
CANCELLATION
City of LaPorte
2963 N. 23rd St.
La Porte, TX 77571
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ---3D- DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
/~
ACORD 25 (2001/08) 1 of 2
#S335092/M296596
MAP
@ ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-5 (2001/08)
2 of 2
#S335092/M296596
12
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
January 14.2008
Bud!!et
Source of Funds: 033 & 049
03370715318029
Account Number: 04998929381100
600,000
Amount Budgeted: 6,000,000
15,000
Amount Requested: 35,000
Requested By: Steve Gillett
Department: Public Works
Report: X Resolution:
Ordinance:
Exhibits: Professional Services Proposal
Exhibits:
Budl!eted Item: YES
Exhibits
SUMMARY & RECOMMENDATION
Quality control assurances within the design specifications for the Wastewater Treatment Plant expansion and Old
Orchard Street replacement require various tests for moisture, density, stabilization, concrete slump and strength,
etc.
The firm of Professional Services Industries (PSI) has submitted a proposal to provide construction materials testing
for the Wastewater Treatment Plant for $38,123.00. We anticipate the actual costs for these services during
construction of the Wastewater Treatment Plant Expansion to be approximately $35,000. In addition, costs for
construction material testing during the Old Orchard Street replacement are anticipated to be approximately
$15,000.
PSI Inc. has provided this type of professional services for many La Porte projects in the past and provided excellent
services. Additionally they have an office in La Porte and provide an excellent response time for the City and
Contractor.
Action Required bv Council: Authorize the expenditure with PSI Inc. for professional services
c s 1ion materials engineering and testing for $50,000.00
D{A~
PROFESSIONAL SERVICE INDUSTRIES, INC.
1413 West BarboulS Cut Boulevard * La Porte * TX 77571 * 281-471-2900
Schedule of Services & Fees
Effective January 2007 - Valid through December 2007
<<COMPANY>>
PSI Proposal No.: <<PROPOSAL_NO>>
<<Date>>
Page 3 of 9
CONSTRUCTION MATERIALS ESTIMATE
Little Cedar Bayou WWTP Expansion
City of La Porte
La Porte, Texas
Description of Services
Quantity I Unit Fee ~
Total
80 38.00 hour 3,040.00
80 6.00 hour 480.00
80 5.50 hour 440.00
4 135.00 each 540.00
4 45.00 each 180.00
40 45.00 each 1,800.00
Subtotal $6,480.00
38.00 hour 0.00
6.00 hour 0.00
11.00 each 0.00
15.00 each 0.00
Subtotal $0.00
ection
160 38.00 hour 6,080.00
160 6.00 hour 960.00
80 13.00 each 1,040.00
Subtotal $8,080.00
ection (Slab On Grade, Elevated Slabs, Paving)
240 35.00 hour 8,400.00
28 35.00 hour 980.00
268 6.00 hour 1,608.00
160 13.00 each 2,080.00
Subtotal $13,068.00
0.00
0.00
Subtotal $0.00
l~~;l
~..". .
<<COMPANY,.
PSI Proposal No.: <<PROPOSAL_NO"
<<Date>>
Page 4 of 9
PROFESSIONAL SERVICE INDUSTRIES, INC.
1413 West Barbours Cut Boulevard * La Porte * TX 77571 * 281-471-2900
Schedule of Services & Fees
Effective January 2007 - Valid through December 2007
40
12
3
52
40
6
46
40
40
6
6
4
68.00 hour 2,720.00
68.00 hour 816.00
45.00 da 135.00
6.00 hour 312.00
Subtotal $3,983.00
38.00 hour 1 520.00
35.00 hour 210.00
6.00 hour 276.00
15.00 each 600.00
Subtotal $2,606.00
75.00 hour
75.00 hour
6.00 hour
105.00 hour
Subtotal
3,000.00
450.00
36.00
420.00
$3,906.00
Notes:
Estimated Total Cost:
$38,123.00
* Changes in the project scope, inclement weather, and/or contractor methods may cause the actual
fees for this project to differ from the above amount
* The above estimate Is based on an 8-hour work day without overtime.
lrA~;l
~~..
13 .
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested January 14,2008
Requested By: Susan Kelle .xi
ADDfoDriation
Source of Funds:
Department:
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Amount Requested:
Exhibits: Ordinance #2004-2736 -A
Budgeted Item: YES NO
Exhibits:
Exhibits:
SUMMARY & RECOMMENDATION
DlU'ing the 2007 Legislative Session the Legislature amended Section 252.002 of the Texas Local Government Code
to increase the dollar value threshold for requiring that municipal contracts be subject to competitive sealed bids or
proposals, from $25,000 to $50,000. At the City level, Section 5.02 of the City Charter requires that city contracts
comply with Chapter 252 of the Local Government Code, for all contracts in excess of $5000. Furthelmore, Section
5.02 of the Charter allows City Council by ordinance to increase the dollar value threshold for city contracts to
match periodic increases in state law. An ordinance was subsequently passed for this purpose, and was codified in
Chapter 2 of the Code of Ordinances, as Section 2-82.
Section 2-82 of the Code of Ordinances was worded to formally adopt the provisions of Chapter 252 of the Local
Government Code and allow Chapter 252 to supersede the City Charter. By doing so it also has the
effect of automatically adjusting the dollar value threshold for city contracts to match any increases incorporated
into state law, without City Council action, by providing that "The city council hereby elects to have the provisions
ofV.T.C.A., Local Government Code Sec. 252.001 et seq., 'Purchasing and Contracting Authority of Municipalities'
supersede the provisions of the City Charter that relate to the notice of contracts, advertisement of notice,
requirements for the taking of sealed bids based on specifications for public improvements or purchases, the manner
of publicly opening bids or reading them aloud or the manner of letting contracts that are in conflict with V.T.CA,
Local Government Code Sec. 252.001 et seq."
~
The authority for Section 2-82 of the Code of Ordinances is twofold: 1) Local Government Code Section 252.002,
which provides that a municipality may elect to have Chapter 252 controi over charter provisions governing bidding
of public contracts; and 2) Chalter Section 5.02, which provides that "Before the city may enter into a contract that
requires an expenditure of more than five thousand dollars ($5000), the city must comply with the procedure
prescribed by V.T.C.A. Local Government Code Sec. 252.001 et seq. for competitive sealed bidding or competitive
sealed proposals..." and that "Council by ordinance may increase the five thousand dollar ($5000) limitation herein
provided to confOlm to subsequent increases authorized by state law" .
As such, since Section 2-82 of the Code of Ordinances is self-executing, it is not necessary for the City Council to
take action to increase the dollar value threshold for city contracts to $50,000, to agree with the recent amendment
made to Chapter 252 of the Local Government Code.
However, Charter Section 5.02 also provides that "Council may by ordinance confer upon the city manager general
authority to contract for expenditures without futther approval of council for budgeted items not exceeding five
thousand dollars ($5000.00). All contracts for expenditures involving more than five thousand dollars ($5000.00)
must be expressly approved by council in advance". Whereas the dollar value threshold for city contracts to be
competitively bid is automatically adjusted to agree with changes in state law, this is not the case with city manager
purchasing authority. Instead, an ordinance must be passed each time an increase is desired. Past City Councils have
periodically adjusted city manager purchasing authority, from $5000, to the present amount of $25,000, by passage
of ordinances codified as Section 2-81, in Chapter 2 of the Code of Ordinances. The authority for these periodic
increases is based on Charter Section 5.02, which as noted above, provides that "Council by ordinance may increase
the five thousand dollar ($5000.00) limitation herein provided to conform to subsequent increases authorized by
state law."
While state law does not place a dollar limit on a city manager's authority to contract for budgeted items without
approval from city council (as apposed to public contracts without competitive bidding), it is apparent that Section
5.02 of the Charter was written to synchronize the current dollar amount threshold for competitively bidding
contracts as established by state law, with the dollar limit on the purchasing authority of the city manager for
budgeted items without prior approval from the city council. As a result, the City has as a matter of practice kept the
amount of the city manager's purchasing authority of budgeted items without prior approval from council, consistent
with the amount set by state law for requiring competitive bidding on public contracts. .
Therefore, with the recent increase in the dollar amount threshold for the competitive bidding of public contracts to
$50,000, you are asked to consider passage of an ordinance amending Section 2-81 of the Code of Ordinances by
increasing the purchasing authority of the city manager for budgeted items without prior approval from council,
from $25,000 to $50,000.
ance Increasing the city manager's purchasing authority for budgeted Items with prior
om $25,000 to $50,000.
I
Da
ORDINANCE NO. 2004-2736-A
AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES
OF THE CITY OF LA PORTE BY AMENDING CHAPTER 2,
"ADMINISTRATION", ARTICLE III. "FINANCE", DIVISION 2. "PURCHASES
AND CONTRACTS", SECTION 2-81 "AUTHORITY OF CITY MANAGER TO
CONTRACT FOR EXPENDITURES; LIMITS", BY INCREASING THE CITY
MANAGER'S EXPENDITURE LIMIT FROM $25,000 TO $50,000;
CONTAINING 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, TEXAS,
THAT:
Section 1. That Chapter 2, "Administration", Article IlL, "Finance", Division 2.
"Purchases and Contracts", Section 2-81 "Authority of City Manager to Contract for
Expenditures; Limits" is hereby amended anq shall read as follows:
"Sec. 2-81. Authority of city manager tp co~tract forexpenditures; limits.
Pursuant to the provisions of Ch~l.rtersection 5.02 regarding purchase procedure,
the city council hereby confers upon the city manager general authority to contract for
expenditures, without further approval of the city council, for budgeted items not
exceeding $50,000. All contracts for expenditures involving more than $50,000.00 must
be expressly approved by the city council."
Section 2. 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, it is hereby declared to be the
intention of the City of Council to have passed each section, sentence, phrase, or clause, or
part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part
thereof, may be declared invalid.
Section 3. 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 4. This Ordinance shall be effective from and after its passage and approval, and it is
so ordered.
PASSED AND APPROVED TIllS TIIE! Lf'%-A y,oF Vl#Jlijf
CITY OF LA PORT
(\.. ~
By: ~~,\~
2008.
Alton E. Porter, Mayor
ATTEST:
BY:~
MARTHA GILLETT,
City Secretary
APPR~ .
By: r !l~
CLARK T. ASKINS,
Assistant City Attorney
14
A
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: Janu
Requested By
e of Funds:
Department:
Parks & Recreation
Acc't Nmnber:
Report: -LResolution: _Ordinance: _
Amount Budgeted:
N/A
Exhibits:
PowerPoint Presentation
Amount Requested:
N/A
Exhibits:
Bud eted Item:
YES
NO
Exhibits:
SUMMARY & RECOMMENDATION
Receive staff report on status of Wests ide park property design and implementation
Action Reauired by Council:
Receive report and comment.
~est Side par\{
update
JanuarY 14, 2008
'IV estside vark propertY design
\
\
\
West Side Park Update
" "n
!4. H.T.
This original conceptual design was prepared by Randall-Porterfield at the time we
purchased the property back in 1999. It proposed some great ideas about how the land
could be used for recreation purposes, incorporating the old pecan orchard into the
park as a feature, as well as other important ideas.
2
West Side Park Update
Actual Design for Park
A survey was conducted to determine the actual location of the pecan trees that were
on the property, then the lake and other features were designed to allow us to keep as
many ofthe existing trees as possible. The design uses nearly all of the ideas in the
original concept. When it's completed, the park will be a tremendous asset to our
community.
3
West Side Park
Design
Features
Park features
· Large Picnic Pavilion for reserved
family reunions, doubles as
venue for local shows, church
functions, Battle of the Bands,
etc.
· 6+ acre lake creates vista, water
activities such as remote boats,
fishing
· Polishing pond with marsh grasses,
scenic view
· Bicycle pedestrian trail through park
with bridge and vista over lake
· 3 additional individual picnic areas in
park among pecan trees
· Play equipment, restrooms and other
amenities
· Elevated berms for kite flying,
sunbathing, etc.
4
west s\de parK update
Adiacent propertY to tbe SO\lth of the
rk
-------~-------
~--- \
~ I
______ i r--..
. ~ I -----
___ ___ ____ "'--J
1.6 acre \aKe
to be
donated to
the C\tV
\
--- \ ----------------,../..--
__- i
\
\
\
\
\
This is the propertY just south of the park site, on l'atrroOnt parkWay. This~S pri""'ant
land that the deVeloper V\ans to tufll intO a self-conta"'ed reta'\ cente< wit restaur . s,
a hote\' office space and retail space. \1\corporating the lake Ulto the prove<fy 's a w,1\-
win situati01\ for hoth the de"e\oper and the City.
..~----
West Side Park Update
Entire Project Layout
\~,: \~,
~."T
___K~
(
@(!i:';
The park lake will extend into the adjacent property and provide an additional amenity
for the development. The developer is in the process of purchasing detention credits
by use of our lake. That means that he will not have to build separate detention
facilities for his property and will be able to take advantage of more available space to
develop. We have experienced some delay in the project as the developer is working
to solidify his investment funding. He is working hard to try to provide a unified
development of all 50 surrounding acres for the project.
6
West Side Park Update
Pavilion Design for Park,
Picnic Shelters to have similar design
ill?
\\~
I / I;
1(;
( II
III
NOIn'lI ELEV;\TIO'\J
~:)
. ...
"""""....."..".,.
~ll'Ic.UA.
This design is similar to the Cynthia Woods Mitchell Pavilion in the Woodlands. It
has worked well for them for a number of years. The pavilion will be multi-purpose. It
will have picnic tables under it that can be moved for other events, much as the
Seabreeze Pavilion is used. This will be a huge addition to our park system for the
west side of La Porte. We don't have anything like it now on the west side of town.
For special events, we can utilize our portable stage to provide a platform for shows,
and other special events and activities for the Parks & Recreation Department. Patrons
of the park will be able to walk over and get lunch at one of the restaurants, and
patrons of the retail space will be able to walk across the park for shows, or just a
relaxing "walk through the park".
7
West Side Park
Estimated Timeline
ee an Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dee
2008
· Design Development 80% complete
and Construction Documents
35% complete to date
· Target date for completion of
construction documents,
March 30th
· Estimated Construction bid process
complete, 60 days May 30th
· Estimated completion of construction
180 days, November 30th
· Park Dedication, December 2008
Timeline information from Mr. Randall, January 7th. Construction bid process and
completion of construction are estimates. Several variables may affect the completion
of the project including weather, logistics, etc.
8
B
REOUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: 01/14/08
Requested By: Wayne J. saM
(
Appropriation
Source of Funds:
Account Number:
Department:
Plan nine:
Amount Budgeted:
Report: ---X- Resolution: Ordinance:
Amount Requested:
Exhibits: Area map
Budgeted Item:
SUMMARY & RECOMMENDATION
As Council is aware, the City is considering annexation of certain tracts not subject to the IDA renewal process. For
Identification purposes for this report, Staff will refer to these tracts as the "Heller Tracts." Given the interpretation that the
subject tracts qualify for the exception to inclusion in an annexation plan, under LGC 43.052(h)(l), since there are fewer than
100 separate tracts of land on which one or more residential dwellings are located on each tract, the process is somewhat
modified.
Going forward under this exception, the procedures for annexations of properties not subject to an annexation plan, are unique
to the LGC 43.052(h)(l) exception, the City must 30 days before the first of two public hearings, give written notice of its
intent to annex the area to:
I) each property owner in the area proposed for annexation as indicated by the appraisal records furnished by the
appraisal district for each county in which the area is located;
2) each public entity, as defined by Section 43.053, or private entity that provides services in the area proposed for
annexation; and
3) each railroad company that serves the municipality and is on the municipality's tax roll if the company's right-of-
way is in the area proposed for annexation. (See LGC 43.062 (b).)
Once this is accomplished, the city can conduct the required two public hearings.
Depending on when the notices are sent out after Council direction, Staff could then set for a future Ccouncil meeting an
agenda item calling for and establishing dates for the 2 hearings (timed so that the first hearing is at least 30 days after the day
notices are sent out under LGC 43.062(b).
The service plan, which Council directed the Planning Department to prepare on 12-17-07, as required by LGC 43.065, is in
the process of being dexeloped. Per LGC 43.065 the requirements of service plans for properties required to be in annexation
plans also apply to properties that come under the exceptions and the service plan must be made available for inspection at the
two public hearings.
to send written notification in accordance with Local Government Code 43.062(1), in anticipation of conducting
gs required under the procedures for annexations of properties not subject to an annexation plan.
( It} /ae
Da~