HomeMy WebLinkAbout2009-04-27 Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council
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MINUTES OF A REGULAR MEETING, PUBLIC HEARING AND WORKSHOP
OF THE LA PORTE CITY COUNCIL
APRIL 27,2009
1. Call to order
The meeting was called to order by Mayor Porter at 6:02 p.m.
Members of City Council Present: Mayor Alton Porter, Mayor Pro-Tern Mike Clausen,
Council members Tommy Moser, Mike Mosteit, Georgia Malone, Louis Rigby, Chuck
Engelken, John Black, and Howard Ebow.
Members of Council Absent: None
Members of City Executive Staff and City Employees Present:
City Manager's Office: Ron Bottoms, John Joerns, Melisa Lanclos
City Secretary's Office: Martha Gillett; Robin Eldridge; Bonnie Garrison
Court: Judge Mitrano
Public Works: Steve Gillett
Parks and Recreation: Stephen Barr.
Planning: Tim Tietjens, Rodney Slaton, Masood Malik, Isaac Rodriguez, Brian Sterling.
Police Department: Ken Adcox
Human Resources: Heather Weger
Fire Department: Mike Boaze and Donald Ladd
Fire Marshal's Office: Cliff Meekins
Purchasing: Susan Kelley
Emergency Management: Jeff Suggs
EMS: Ray Nolen
Finance: Michael Dolby
Others Present: Adam Yanelli of Bayshore Sun, Dottie Kaminski, Katherine Aguilar,
Vernon Johnson, Margaret Compton, Mark Follis, Nick Barrera, Sharon Maty, David
Janda, Earl Garrison, Richard Warren, June Morris, Allen Durham, Randa Spence, Ted
Cortez, William Gontaruk, Pete Trevino, Matt Lyle, Daryl Leonard, Autis Smith, Cindy
Longren, Deborah Green, James Green, Lael & Linda Garcia, Dan and Cheryl Yoder, Roy
and Norma litis, Don Hill, Orville Burgess and Susie Burgess, and a number of other
citizens.
2. Don Hill of Interchurch Council gave the invocation.
3. Mayor Porter led the Pledge of Allegiance
4. Presentations/ Proclamations
Mayor Porter with a consensus of Council allowed the Strawberry Festival to provide
an overview of the Festival. Vernon Johnson was in attendance and provided the
Minutes of Regular Meeting, Public Hearing and Workshop of the La Porte City Council held on April 27, 2009
Page 2
overview.
5. Consent Agenda - Any item may be removed by a Councilperson for discussion
A. Council to consider approving minutes of the Budget Retreat of the La Porte City
Council held on April 4, 2009 and the Regular Meeting, Public Hearing and
Workshop Meeting held on April 13, 2009 - M. Gillett
B. Council to consider approval or other action regarding an ordinance vacating,
abandoning, and closing the alley of Block 331 (Ord. 3134) - T. Tietjens
C. Council to consider approval or other action regarding an ordinance authorizing
the Planning Director to execute a Pipeline Permit as requested by Shell Chemical
LP for installation of a 12" Dry Gas Pipeline within the City of La Porte (Ord. 3135)
- T. Tietjens
D. Council to consider approval or other action regarding a resolution authorizing the
City Manager to sign a grant and other documents for "Click it or Ticket" campaign
- (Res. 2009-05) - K. Adcox
E. Council to consider approval or other action regarding an ordinance adopting a
water conservation and drought contingency plan for the City of La Porte - (Ord.
3136) - S. Gillett
F. Council to consider approval or other action regarding an ordinance approving and
authorizing amendments to the water conservation and drought contingency plan
of the La Porte Area Authority as adopted by the La Porte Area Water Authority -
(Ord. 3137) - S. Gillett
G. Council to consider approval or other action authorizing the City Manager to
execute a contract with Follis Construction Inc. to replace the siding on the Public
Works and Tire Shop buildings, in the amount of $93,500.00 - S. Gillett
H. Council to consider approval or other action regarding an ordinance adopting an
Identity Theft Prevention Program for the City of La Porte with an effective date of
May 1, 2009 - (Ord. 3138) - M. Dolby
Item C was pulled for discussion.
Motion was made by Councilmember Black to approve the consent aqenda with the
chanqes stated by Councilmember Moser and Finance Director Michael Dolby.
Councilmember Moser asked that wording be added to the ordinance that will reflect
controlling the elevation with fill dirt after the work is completed (on item #C). Finance
Director Michael Dolby noted paragraph 2a needs be changed to add and read "as well as
all other covered accounts" (on item #H). Councilmember Moser seconded the motion.
Motion carried.
Minutes of Regular Meeting, Public Hearing and Workshop of the La Porte City Council held on April 27, 2009
Page 3
Ayes: Mosteit, Moser, Ebow, Rigby, Clausen, Malone, Engelken, Black, and Porter
Nays: None
Abstain: None
Absent: None
6. Petitions, Remonstrance's, Communications, Citizens and Tax Payers wishing to address
Council - (Limited to five minutes)
Pete Trevino spoke on behalf of Sharon Martinez, concerning the alley closing on 15th
Street. He noted that our city ordinance doesn't allow for a partial closing of an alley. Ms.
Martinez plans on developing her property, and by closing the entire alley, they believe
would impact her property value. Ms. Martinez opposes this closing.
Kathryn Aguilar, 3119 Fondren - Noted that she disagreed with the fact that she was not
allowed to finish speaking at the previous Council Meeting. She accused the Bayshore
Sun of demonstrating a clear biased position. Noted concerns with the five points
developer, and discussed drainage issues.
James Green, 3703 Pine Trail - Noted concerns with the drainage in Shady Oaks.
Audis Smith, 2601 S. Broadway - Noted concerns with drainage in Pelican Bay. Provided
pictures to Council.
Cindy Longren, 1414 S. Shady Lane - Noted concerns with drainage.
Randa Spence, 3126 Fondren - Noted concerns with drainage. Provided pictures to
Council.
William Gontaruk, 423 Dwire - Noted concerns with drainage.
June Morris, 427 Dwire - Noted concerns with drainage. Provided pictures to Council.
Margaret Compton, 10901 Dogwood - Did not wish to speak, but noted on the form her
concerns with drainage. Provided pictures for Council.
Linda Garcia, 416 N. Shady Lane - Noted concerns with drainage.
Danny Yoder, 515 S. Shady Lane - Noted that a culvert was replaced and has resulted in
the road becoming higher, and someone placed limbs and other debris in efforts to
alleviate further erosion; this created a dam and caused drainage issues. He asked
whether this was the Ports' responsibility or the City's.
7. Public Hearing - Council to consider recommendation of Planning and Zoning Commission
to a Chapter 106 of the Code of Ordinances by changing the zoning classification from
Business Industrial to Planned Unit Development for a 13.54 Acre tract of property located
at 1400 North 10th Street, in La Porte - (Ord. 3139) - T. Tietjens
Minutes of Regular Meeting, Public Hearing and Workshop of the La Porte City Council held on April 27, 2009
Page 4
Open Public Hearing- Mayor Porter opened the Public Hearing at 6:55 p.m.
Planning Director Tim Tietjens presented summary and overview.
Public Comments: There were no public comments.
Mayor Porter closed the Public Hearing and reconvened Regular Meeting at 7:00 p.m.
Recommendation of the Planning and Zoning Commission - recommended Council to
approve the Ordinance amending Chapter 106 of the Code of Ordinances by changing the
zoning classification from Business Industrial to Planned Unit Development for a 13.54
Acre tract of property located at 1400 North 10th Street, in La Porte - (Ord. 3139)
8. Council to consider approval or other action regarding Ordinance 3139.
Assistant City Attorney Clark Askins read Ordinance 3139, AN ORDINANACE AMENDING
THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE
COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA
PORTE, BY CHANGING THE ZONING CLASSIFICATION FROM BUSINESS
INDUSTRIAL TO PLANNED UNIT DEVELOPMENT FOR A 13.54 ACRE TRACT OF
PROPERTY LOCATED AT 1400 NORTH 10TH STREET, HEREIN DESCRIBED; MAKING
CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF;
Motion was made by Councilmember Ebow to approve Ordinance 3139 as presented by
Mr. Tietiens. Councilmember Malone seconded the motion. Motion carried.
Ayes: Mosteit, Moser, Ebow, Rigby, Clausen, Malone, Engelken, Black, and Porter
Nays: None
Abstain: None
Absent: None
9. Council to consider approval or other action regarding an ordinance vacating, abandoning,
and closing the entire S. 15th Street Right-of-Way, between blocks 753 and 754, Town of
La Porte and the southernmost 300' of alley in Block 754, Town of La Porte (Ord. 3140)
- T. Tietjens
Planning Director Tim Tietjens presented summary and recommendation and answered
Councils' questions.
Assistant City Attorney Clark Askins read Ordinance 3140, AN ORDINANCE VACATING,
ABANDONING AND CLOSING A PORTION OF THE SOUTH 15TH STREET RIGHT-OF-
WAY AND A PORTION OF THE ALLEY IN BLOCK 754, TOWN OF LA PORTE, HARRIS
COUNTY, TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Minutes of Regular Meeting, Public Hearing and Workshop of the La Porte City Council held on April 27, 2009
Page 5
Motion was made by Councilmember Black to approve Ordinance 3140 as resented by Mr.
Tietiens. Councilmember Mosteit seconded the motion. Motion failed.
Ayes: Clausen, Mosteit, Black and Mayor Porter
Nays: Malone, Ebow, Engelken, Moser and Rigby
Abstain: None
Absent: None
10. Council to consider approval or other action authorizing the City Manager to execute a
contract with Muni- Services, LLC for periodic evaluation and report on tax remittances of
La Porte hotel/motel tax - M. Dolby
Finance Director Michael Dolby presented summary and recommendation and answered
Councils' questions.
Motion was made by Councilmember Clausen to approve the contract as presented by Mr.
Dolby. Councilmember Ebow seconded the motion. Motion carried.
Ayes: Mosteit, Moser, Clausen, Engelken, Rigby, Black, Ebow and Porter
Nays: Malone
Abstain: None
Absent: None
11. Council to consider approval or other action regarding a Joint Election Agreement for
participation by the City of La Porte, La Porte Independent School District and San Jacinto
College District - M. Gillett
City Secretary Martha Gillett presented summary and recommendation and answered
Councils' questions.
Motion was made by Councilmember Moser to approve the aoreement as presented by
Ms. Gillett. Councilmember Malone seconded the motion. Motion carried
Ayes: Mosteit, Moser, Clausen, Engelken, Rigby, Black, Malone, Ebow and Porter
Nays: None
Abstain: None
Absent: None
12. Mayor Porter closed Regular Meeting and opened Workshop Meeting at 7:25 p.m.
A. Discuss Northside Resident Officer Program - K. Adcox
Council directed staff to move forward with the program.
B. Fire Department Update - Fire, EMS, and Fire Marshall's Office
Minutes of Regular Meeting, Public Hearing and Workshop of the La Porte City Council held on April 27, 2009
Page 6
Fire Chief Mike Boaze provided an overview to council on the Fire, EMS, and Fire
Marshal's Offices. EMS Chief Ray Nolen, Assistant Fire Chief Donald Ladd and
Fire Marshall Cliff Meekins were also present and provided Council with an
overview of their divisions.
13. Mayor Porter closed the Workshop Meeting and reconvened the Regular Meeting at 8:06
p.m.
14. Receive report from the La Porte Development Corporation Board - C. Engelken
Committee member Mr. Engelken provided that there was no new news to report, there
hasn't been meeting of the La Porte Development Corporation Board since the last Council
meeting.
15. City Manager Ron Bottoms provided Administrative Reports for the following:
Legislative Update
Sylvan Beach Shoreline Protection & Restoration Project begins April 27, 2009
Early Voting - April 27, 2009 - May 5,2009
Election Day - May 9,2009
City Council Meeting - May 11, 2009 - 6:00 p.m.
Special Called City Council Meeting - May 18, 2008 - 6:00 p.m.
Memorial Day Holiday - May 25, 2009
16. Council Comments - Rigby, Moser, Malone, Ebow, Engelken, Mosteit, Clausen and Mayor
A. Matters appearing on agenda
B. Recognition of community members, city employees, and upcoming events
C. Inquiry of staff requiring a statement of specific factual information for a recitation
of existing policy
17. 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. 551.072 (Deliberation regarding purchase,
Meet with City Manager and
Minutes of Regular Meeting, Public Hearing and Workshop of the La Porte City Council held on April 27, 2009
Page 7
exchange, lease or value of real property)
City Attorney to discuss Block
1032 and 1149, Town of La
Porte
B. 551.072 {Deliberation regarding purchase,
Meet with City Manager and City
Attorney to discuss Fire
Department property
C. 551.074 (Personnel Matter)
Deliberate the evaluation and
duties of Municipal Court Judge
Denise Mitrano
Council retired to Executive Session at 8:20 p.m.
Council returned to the table at 8:54 p.m. with no action taken in Executive Session.
Council reconvened the Regular Meeting at 8:55 p.m.
18. Considerations and possible action on items considered in Executive Session.
Mayor Porter noted there was no action taken in Executive Session.
A. Item was discussed and staff was provided with direction.
B. Item was discussed and staff was provided with direction.
C. Judge Mitrano received her annual evaluation from Council.
19. Adjournment
There was no action taken in the Regular Meeting on Executive Session.
Being no further business, the meeting was duly adjourned at 8:56 p.m.
Respectfully submitted,
~tL J1u1)
Martha Gillett, TRMC, CMC
City Secretary
Passed and approved on this Q't-y of May 2009.
Mayor Alton E. Porter
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Apnronriation
Agenda Date Requested: May 11,2009
Source of Funds: N/A
Requested By: Tim Tietjens
Account Number: N/A
Department: Planlline.
Amount Budgeted: N/A
Report: _Resolution: _Ordinance: 2L
Amount Requested: N/A
Exhibits:
1. Ordinancc
2. Arca M~lp
Budgeted Item: _YES -X-NO
SUMMARY & RECOMMENDATION
Development of the Town Plaza project at Five Points requires the City to close the San Jacinto
Avenue Right-of-Way between E. Main and E. "A" Streets.
Harris County Public Infrastructure Depmtment maintains the one-way pOltion of the San Jacinto
Avenue roadway between E. Main and E. "A" Streets and has agreed to the abandonment of this
section of roadway and to remove it from its road log.
Additionally, Staff has solicited and received comments from each of the City's franchised utility
companies regarding the proposed closing. AT&T and Comcast have each issued letters of no
objection while Centerpoint Energy maintains an existing streetlight and streetlight circuit, for
which the City has paid the company to remove from the right-or-way. The City's Public Works
Department has also reviewed the proposed closing and inteq)oses no objection.
Action RCQ uircd of Council:
Approve an ordinance vacating, abandoning, and closing the San Jacinto Avenue Right-of-Way
) ween E. Main and E. "A" Streets to facilitate development oftbe City's Town Plaza prqject.
, Council A Tcnda
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ORDINANCE NO. 2009- ,511/
AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE
SAN JACINTO AVENUE RIGHT-OF-WAY, 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 POlte has been requested by the record
owners of all of the property abutting the hereinafter described portion of the San J acinto Avenue
Right-of-Way, Town Of La Porte, Han-is County, Texas, to vacate, abandon, and permanently
close that portion of San Jacinto Avenue Right-of-Way, Town of La Porte, Harris County, Texas;
and
WHEREAS, the City Council of the City of La POlte has determined and does hereby
find, detem1ine, and declare that the hereinafter described portion of San Jacinto Avenue Right-
of-Way, Town Of La Porte, Han-is 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 San
Jacinto Avenue Right-of-Way, 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
San Jacinto Avenue Right-of-Way, 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 POIie under its
home rule chmiel' mld Chapter 253, Section 253.001, Texas Local Government Code, the
hereinafter described pOliion of San Jacinto Avenue Right-of-Way, City Of La Porte, Harris
County, Texas, is hereby permanently vacated, abandoned, and closed by the City of La Porte, to
wit:
2
That portion of the right-of-way of San Jacinto Avenue (100' wide), in the Town of La
Porte, Harris County, Texas, lying within and situated between Blocks 198 and 199, Town
of La Porte, Harris County, Texas, as generally illustrated on Exhibit" A" attached hereto
and made part hereof and being further described as follows:
BEGINNING at the intersection of the easterly right-of-way line of San Jacinto Avenue
(100' wide) and the northerly right-of-way line of East "A" Street (60' wide);
THENCE in a southwesterly direction along the projected northerly right-of-way line of
East "A" Street to its intersection with the easterly line of Block 199, Town of La Porte;
THENCE in a northwesterly direction along the easterly line of Block 199, Town of La
Porte, to its intersection with the east right-of-way line of South Broadway (100' wide);
THENCE in a northerly direction along the projected east right-of-way line of South
Broadway to its intersection with a point marking the southerly right-of-way line of East
Main Street (100' wide) and the easterly right-of-way line of San Jacinto Avenue (100'
wide);
THENCE in a southeasterly direction along the easterly right-of-way line of San Jacinto
Avenue (100' wide) to its intersection with the northerly line of East "'A" Street (60' wide)
and the Point of Beginning.
SUBJECT TO: As a condition of passage and approval of this ordinance, the City of La
Porte hereby saves and excepts a ten foot (10') wide storm sewer easement centered on an
existing thirty inch (30") storm sewer located within the area of the San Jacinto Avenue
closing as described above.
Section 2.
The City Council officially tInds, 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 fonnally 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 fro111 and after its passage and approval,
and it is so ordered.
PASSED AND APPROVED THIS iJ!!'.DA Y OF ~ 2009.
By:
A TrEST:
L:f4tttMd- /41$
Martha GIllett, CIty Secretary
APPROVED:
Knox W. Askins, City Attorney
CITY OF LA PORTE
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: May 11, 2009
Requested By: Michael Dolbv. CPA Y
Department: Finance
Report:
Resolution:
Ordinance:
xx
Exhibits: Ordinance
Exhibits: Excerpt from FY 2009 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 I Backup for Amendment
SUMMARY & RECOMMENDATION
The City Council adopted the Fiscal Year 2008-09 Budget on August 25,2008.
The Summary of Funds, which is shown below, represents the amendments which council previously approved to
the FY 2008-09 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
1998 General Obligation Bond Fund
2000 General Obligation Bond Fund
2002 General Obligation Bond Fund
2004 Certificate of Obligation Bond Fund
2005 Certificate of Obligation Bond Fund
2005 General Obligation Bond Fund
2006 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 Pone Area \Vater Authority Debt Service
Total of All Funds
Previously
Original Budget Amended Budget
S 36,382,175
1,923,528
700,000
386,575
463,749
4,339,685
1,435,775
8,689,854
217.690
23,4ii3
1,005,288
1,324,826
2,640,159
4,575,547
1,255,818
111177~355
o
350,000
590.195
149,1 09
1,990
861,883
341,678
73.824
2,212,267
18,021
1,640.317
o
3,345~ 768
463,850
750,069
$ 87,340,478
$ 36,729,007
7,520,181
738,695
388,525
503,749
4,469,935
1,435,775
9,169,909
217,690
23,483
1,005,288
1,343,101
3,018,85 I
4,578,049
1,333,448
11,181,965
o
350,000
590,195
149,109
1,990
861,883
341,678
73,824
2212,267
18,021
1,640,317
o
3.345,768
463,850
750,069
$ 94,456,622
Proposed
Amended Budget
$ 37,836,738 '"
7,534,850 '"
738,695
888,525 *
511,249 '"
4,469,935
1,435,775
9,199,827 *
217,690
23,483
1 ,005,288
1,381,614 '"
3,018,851
4,854,761 *
1,333,448
11,181,965
o
350,000
590, I 95
149,109
1,990
861,883
341,678
73,824
2,212,267
18,021
1,640,317
o
3,345,768
463,850
750,069
$ 96,431,665
Action ReQuired bv Council:
Adopt Ordinance Amending Fiscal Year 2008-09 Budget for:
A. $900,000 in the General Fund and $500,000 in the Community Investment Fund for the purchase of the
Happy Harbor property. (Total of S 1.4 million - approved at the March 23rd Council Meeting)
B. $9,802 in the Grant Fund for a donation from the )IRA Foundation.
C. $2,000 in the Grant Fund for a grant award from Keep Texas Beautiful for the Re-Plant Texas program.
D. $2,317 in the Grant Fund for a grant award from the Texas Department of Agriculture for the Texans
~ Feedinp Texans: Home-Delivered Meal Grant Program.
- A.. i. ~1~in the Insurance Fund to transfer insurance monies received for various properties for Hurricane
Ike Recovery. Additionally, amend the various funds listed below for the insurance recovery.
a. Charles Walker - $40,055 (Fund 001)
b. Evelyn Kennedy Civic Center - $62,953 (Fund 001)
c. Gun Range - $550 (Fund 032)
d. Golf Course - $29,455 (Fund 028)
e. Storage Tank - $225 (Fund 002)
f. Water Tower - $606 (Fund 002)
g. Blower Room - $476 (Fund 002)
h. Cart Storage - $739 (Fund 028)
1. Clubhouse - $8,319 (Fund 028)
J. Lomax Park - $8,122 (Fund 001)
k. Lab - $11,879 (Fund 002)
1. Maintenance Room. $370 (Fund 002)
m. Municipal Court - $2,437 (Fund 001)
n. Pool Bath House - $14,854 (Fund 001)
o. Public Works - $6,248 (Fund DOl)
p. Northwest Park - $300 (Fund 001)
q. Little Cedar Bayou Park/Concession, Bathhouse & Equipment Bldg - $12,062 (Fund 001)
r. Brookglen Bathhouse - $9,649 (Fund 001)
s. Pump Station. $1,227 (Fund 002)
t. San Jacinto Pool- $650 (Fund 001)
u. Fairmont Park - $4,967 (Fund 001)
v. Field/Court Lighting - $1,295 (Fund 001)
w. Fire Training Facility - $6,253 (Fund DOl)
x. Various Lift Stations (lA, 7, 8,10,11,12, 19,22,24,26,27,30,34,38) - $14,056 (Fund 002)
y. Water Production - $1,079 (Fund 002)
z. Equipment Shelter - $9,295 (Fund 001)
aa. Sylvan Beach Railroad Bldg. - $28,591 (Fund 001)
$7,500 in the Hotel/Motel Fund for a contract with Muni Services LLC to conduct Hotel/Motel audits.
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ORDINANCE NO. !3/1Z
AN ORDINANCE APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY OF LA PORTE,
TEXAS, FOR THE PERIOD OF OCTOBER 1,2008 THROUGH SEPTEMBER 30, 2009; 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 1,2008, through September 30,2009, has heretofore
been presented to the City Council and due deliberation had thereon, was filed in the office of the City
Secretary on July 25, 2008, and a public hearing scheduled for August 25, 2008 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 1,2008, through September 30,2009.
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 tIlis th.#-day of c.rn"1- ,2009.
CITY OF L~.PORT~XAS
,/f:?
ATTEST:
vmd(;/kAtz1
Martha Gillett, City Secretary
APPROV~:
1:/&~ r !~
Clark Askins, Assistant City Attorney
EXHIBIT A
(ORIGINAL BUDGET)
City of La Porte
Consolidated Summary of All .Funds
FY 08-09 FY 08-09
Revenues Expenses
Governmental Fund Types:
General Fund 33,724,383 36,382,175
Grant Fund 1,923,528 1,923,528
Street Maintenance Sales Tax 786,440 700,000
Community Investment 264,701 386,575
HotellMotel Occupancy Tax 583,575 463,749
Section 4B Sales Tax 1,647,506 4,339,685
Tax Increment Reinvestment 1,519,774 1,435,775
Total Governmental Types 40,449,907 45,631,487
Enterprise:
Utility 8,369,944 8,689,854
Sylvan Beach 207,601 217,690
Airport 52,995 23,483
La Porte Area Water Authority 1,226,202 1,005,288
Golf Course 1,202,679 1,324,826
Total Enterprise 11,059,421 11,261,141
Internal Service
Motor Pool 2,107,688 2,640,159
Insurance Fund 3,945,027 4,575,547
Technology Fund 948,623 1,255,818
Total Intemal Service 7,001,338 8,471,524
Capital Improvement:
General 10,684,213 11,177,355
Utility 192,000
Sewer Rehabilitation 304,927 350,000
1998 GO Bond Fund 7,000 590,195
2000 GO Bond Fund 149,109
2002 GO Bond Fund 1,990
2004 C/O Bond Fund 861,883
2005 C/O Bond Fund 1,400 341,678
2005 GO Bond Fund 73,824
2006 CIO Bond Fund 5,000 2,212,267
2006 GO Bond Fund 2,500 18,021
2007 CIO Bond Fund 10.000 1,640,317
Other Inftastrucmre 17.282
Total Capitallmprovement 11,224,322 17 ,416,639
Debt Service:
General 3,276,016 3,345,768
Utility 104,705 463,850
La Porte Area Water Authority 750,069 750.069
Total Debt SeTYiee 4,130,790 4,559,687
Total All Funds 73,865,778 87.340.478
EXHIBIT B
(AMENDED BUDGET)
City of La Porte
Consolidated Summary of All Funds
FY 08-09 FY 08-09
Revenues Expenses
Governmental Fund Types:
General Fund 33,932.114 37.836.738
Grant Fund 1,213,350 1,534.850
Street Maintenance Sales Tax 786,440 738,695
Community Investment 264,701 888,525
HOIdIMote1Occupancy Tax 583,515 5 Il,249
Section 4B Sales Tax 1,647,506 4,469,935
Tax Increment Reinvestment 1,519,774 1,435,775
T ota! Governmental Types 45,947,460 53,415,767
Enterprise:
Utility 8,416,061 9,199,821
Sylvan Beach 207,601 217,690
Airport 52,995 23,483
La Porte Area Water Authority 1,226,202 1,005,288
Golf Course 1,241,192 1,381,614
Total Enterprise 11,144,057 11,827,902
Internal Service
Motor Pool 2,110,144 3,018,851
Insurance Fund 4,188,192 4,854,161
Technology Fund 973,623 1,333,448
Total Internal Service 7,271,959 9,207,060
Capital Improvement:
General 10,684,213 11.181,965
Utility 655,850
Sewer Rehabilitation 304,927 350.000
1998 GO Bond Fund 7,000 590, 195
2000 GO Bond Fund 149,109
2002 GO Bond Fund 1,990
2004 C/O Bond Fund 861.883
2005 C/O Bond Fund 1,400 341,678
2005 GO Bond Fund 73,824
2006 C/O Bond Fund 5,000 2,212,267
2006 GO Bond Fund 2,500 18,021
2007 CIO Bond Fund 10,000 1,640,317
CXherln~tructure 17.282
Total Capitallmprovement 11,688,172 17,421,249
Debt Service:
General 3,276,016 3,345,768
Utility I 04,705 463,850
La Porte Area Water Authority 750,069 750,069
Total Debt Service 4.130,790 4,559,687
Total All Funds 80,182.438 96,431,665
MinutesofReguIar Meeting and Workshop Meeting held on March 23, 2009
Page 6
17. Considerations and possible action on items considered in executive session.
18. Consider approval or other action regarding an ordinance authorizing earnest money for
purchase of the former Happy Harbor Nursing home property at 1106 Bayshore Drive (Ord.
3130) - R. Bottoms
City Manager Ron Bottoms presented summary and recommendation and answered
Council's questions.
Assistant City Attorney Clark Askins read Ordinance 3130, AN ORDINANCE
APPROVING AND AUTHORIZING AN EAR,"ffiST MONEY CONTRACT FOR
PURCHASE BY THE CITY OF LA PORTE FROM THE ALDERSGA TE TRUST, OF
THE FORMER HAPPY HARBOR NURSING HOME PROPERTY AT 1106 BA YSHORE
DRIVE IN THE CITY OF LA PORTE, HARRIS COUNTY, TEXAS, APPROPRIATING
$1,400,000.00, TO FUND SAID CONTRACT, MAKING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT, FlNDIND COMPLIANCE WITH THE
OPEN MEETINGS LAW, PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Engelken to approve Ordinance 3130 as presented by
Mr. Bottoms. Councilmember Ebow seconded the motion. Motion carried.
Ayes: Mosteit, Moser, Clausen, Engelken, Rigby, Black, Malone, Ebow, and Poner
Nays: None
Abstain: None
Absent: None
19. There being no further business, the meeting was duly adjourned at 8:33 p.m.
Respectfully submitted,
Martha Gillett, TRMC, CMC
City Secretary
Passed and approved on this ~ day of April 2009.
Mayor Alton E. Porter
A
Wolny, Shelley
From:
Sent:
To:
Cc:
Subject:
Bedford, Michelle
Tuesday, April 21, 2009 10:52 AM
Collins, Gay; Wolny, Shelley
Deardorff, Steve
Account Set Up
Hi, we received another donation from the NRA Foundation for specific items we requested. In the amount of
$9,802.00. We have to purchase the items we requested, and we will send over back up. Can we put this into general
fund and then do a bJa to 03252535212017 and create project 53NRA?
~~
~/Iia ~
.4/1,~~1)~
ef1-f42-3190
efl-470- 1590 (1uJ
~~.tJt'9
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f3
-
Keep Texa~,~
B:t~alt~IiV1ilt
"
Re-Plant Texas Grant
MEMO
.'~'!..;
..
To: Scott Bradley
From: Anne Cunic, Program Director
Date: 4/21/2009
Congratulations again! Enclosed is the grant award of $2000 to City of LaPorte for the Re-Plant Texas program, supporting the
Little Cedar Bayou Park replanting project. KTB was able to offer this grant thanks to the generous support of Half Price Books'
(HPB).
Just a reminder of the requirements:
April 22, 2009
May 15, 2009
December 15, 2009
Grant funding will be distributed
Progress report must be received by KTB
Final report must be received by KTB
Reoortina
Should include:
. How the funds were spent
. Number of people involved and trees planted
. Copy of receipts for the items purchased.
. Photos of any tree planting events would be appreciated
· Press Release announcing activities and recognizing sponsors.
If your plans have changed, you are not able to meet the timelines or will not be able to do the project please contact me as soon
as possible, email: anne(Q)ktb.orq, phone: 512.961.5262
Congratulations again!
Anne
~
TEXAS DEPARTMENT OF AGRICULTURE
TODD STAPLES
COMMISSIONER
RECEIVED
March 30, 2009
Mr. Ron Bottoms
City Manager
City of La Porte
604 W. Fairmont Parkway
La Porte, Texas 77571
APR 03 2009
CITY MANAGER'S
OFFICE
RE: First Quarterly Report - Application No. HDM-09-246
Dear Mr. Bottoms:
As a recipient of funds from the Texas Department of Agriculture's (1DA) Texans Feeding Texans:
Home-Delivered Meal Grant Program (HDM). you are required to provide IDA with quarterly
expenditure reports during the grant year. The first quarterly report is due Monday, June 1,2009. The
required report form is enclosed. Organizations that serve meals in multiple counties must submit separate
reports for each county.
While the IDA grant you received is based in part on the number oflocally funded meals you served last
year, it is not a reimbursement for those meals. Please be aware, the term of your 2009 grant agreement is
February 1,2009 through January 31,2010 and expenditures listed on this quarterly report should have
been incurred from February 1,2009 - April 30,2009. Do not report all expenditures, only those related
to IDA grant funds. It is the organization's responsibility to retain itemized records showing your
expenditures. Expenditures reported as a per-meal rate are not acceptable.
Please keep in mind that the purpose of this grant money is to supplement and extend existing services
related directly to the delivery of meals to "Homebound Elderly persons and Homebound persons with a
Disability" (Title 4, Part 1, Chapter 1, ~ 1.960). In addition to expenditure information, we would like
each organization to report how they utilized their HDM funds. Please elaborate on the listed categories
as necessary.
If you have any questions regarding the quarterly report, please contact me by phone or email at
512-936-2450 or grants@tda.state.tx.us.
~~
Grants Coordinator
Enclosure
cc: Ms. Debra Dunham. Program Coordinator
P.O. Box 12847 Auson, Texas 78711 (512) 463-7476 Fax: (888) 223-8861
For the Hearing Impaired: (800) 735-2989 (TTY)
,
D
HDM-09-246
TEXAS DEPARTMENT OF AGRICULTURE
TEXANS FEEDING TEXANS: HOME-DELIVERED MEAL GRANT PROGRAM
QUARTERLY GRANT REPORT
Name of grantee: City of La Porte
County in which meals are provided: Harris County
The Texans Feeding Texans; Home-Delivered Meal Grant for City of La Porte in Harris County was used
as follows: (Please check all categories that apply.)
D Increase Meals Served
D Maintain level of service with increased fuel and food costs
D Update facilities with minor equipment (less than $5,000 items)
o Retain employees
D Other (please explain):
Grantees must demonstrate that TDA grant funds were used to directly supplement or extend existing
meal sefYices to homebound persons that are elderly and/or have a disability. Please itemize each type
of expenditure category and the amount of TDA grant funds used in each expenditure category. Funds
expended should never total more than your TDA grant amount.
Total grant amount $2.316.56
Expenditure Budgeted Feb.1 - April 30 May 1 - July 31 Aug. 1- Oct 31 Nov. 1 - Jan. 31
Category Amount Amount Amount Amount Amount
Personnel I
Food/Meals $2,316.56
Equipment
Building
Occupancy
Transportation
Supplies
Other
!
I TOTAL $2,316.56 I
If requested by Grantor, Grantee must be able to produce proof of payment (stamped paid invoices or
receipts) of a1l a/fowable expenditures.
Signature:
Date:
By signing on the line above, I certify that the information entered on this form is true and correct to the
best of my knowledge.
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Texas Municipal Leagu.~
Intergovernmental RislfPOo/
Joint Self Insurance Fund
1827 Rutherford Lane First Floor
Austin, TX 78754 (512) 491.2300
Frost National Bank
Parkdale
Number
30-911140
59
04/14/09 05145478
~Lf0800151126/
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Amount
PaY*ONE HUNDRED FORTY TWO THOUSAND EIGHT HUNDRED SIXTY*****
*SEVEN DOLLARS & 23/100*****"'*****************************$142867.23*
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2 g Ii g gO 3 ~ 8ul
PAYEE THIS IS YOUR RECORD OF CLAIM PAYMENT PLEASE DETACH
CLAIM NUMBER
9999997
AMOUNT
CODE
L302
PAYMENT FOR
FOR THE PERIOD
TML/0800151126/
LAPORTE
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30
09/13/08 09/13/08
142867.23
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: April 27, 2009
ADProoriation
Requested by: Michael G. Dolb
Source of Funds: 037-6046-51o...S004
Department: Finance
Account Number:
N/A
Report: -X.......Resolution: _Ordinance:_
Amount Budgeted:
N/A
Exhibits: Hotel Motel A reement
Amount Requested: $7,500
Exhibits:
Budgeted items: YES
~ NO
Exhibits:
SUMMARY & RECOMMENDATION
The City has greatly benefited from the growth of Hotels and Motels over the last two years. We
currently have approximately (12) twelve hotels with more under construction. Based upon
their reports submitted to the state, the accounting staff monitors the State Comptroller's web site
for hotel motel tax collections to insure that we receive our fair share of hotel taxes.
Unfortunately, we feel that some hotels are not paying their fair share of hotel tax because ofthe
way they report their guest as being long term instead of reporting them as short term. Long
term guests at a hotel do not have to pay hotel tax after the 30th consecutive day of their stay, yet
many hotels exempt them from their first day. Our consultants will be able to audit their internal
records and detect any improprieties.
Muni Services, LLC currently assist us \vith monitoring our sales taxes and the City has a long
term relationship with this firm. Muni Services LLC is a TML business partner and the HOT
(Hotel Motel) program is provided to thirty plus cities within the state. The cost of this service
will be $500 per hotel along ",ith travel cost of $500 annually. We are requesting $7,500 for this
year to cover any cost over- run associated with a new hotel coming on line during this
contractual year.
Action ReQuired bv Council:
Recommend council approve the City Manager to enter into a contract with Muni Services LLC.
Anoroved for Citv Council A2:enda
ROD Bottoms, City Manager
Date
r
E
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
Bude:et
Requested By: Steve Gillett
Source of Funds: GEN530
Department: Public Works
Account Number: 001-7070-530-5007
Report:
Resolution:
Ordinance x
Amount Budgeted $17,000
Exhibits: Ordinance
Amount Requested: $ 16,896.40
Exhibits: Interlocal Ae:reement
Budgeted Item: yes
Exhibits
SUMMARY & RECOMMENDATION
As part of the Texas Commission of Environmental Quality storm water general permit operators
of Municipal Separate Storm Sewer System (MS4) are required to provide minimum control
measures to eliminate illicit discharges into their storm sewer system. One of those measures is
to provide public education and outreach.
HalTis County along with other partners such as City of Houston, City of Seabrook, City of
Webster has developed a program for publie outreach. The City of La Porte can participate in the
outreach program to meet some of the control measures eliminating the need for additional
staffing, consultant or contractor to administer public outreach and education.
Staff recommends enteting into an Interlocal Agreement with Harris County to administer the
outreach program.
Action ReQuired bv Council: Approve ordinance and authorize lnterlocal agreement with
is County
~lr,~
Date
ORDINANCE NO. 2009-~/1~
AN ORDINANCE APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT
BETWEEN THE CITY OF LA PORTE AND HARRIS COUNTY, FOR ADMINISTRATION
AND IMPLEMENTATION OF A REGIONAL WATERSHED PROTECTION EDUCATION
PROGRAM, APPROPRIATING $16,896.40, TO FUND SAID CONTRACT, MAKING
VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW, PROVIDING AN EFFECTIVE DATE
HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, a copy of which is on file in the office
of the City Secretary. The Mayor is hereby authorized to execute
such document and all related documents on behalf of the City of La
Porte. The City Secretary is hereby authorized to attest to all
such signatures and to affix the seal of the City to all such
documents. City Council appropriates the sum of $16,896.40 from
Fund 00;'.7/7/)-5]lJ--;&&7, to fund said contract.
Section 2. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the pUblic as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this ~ day of ~
CI~F/LA ~
~~~- ~
~;~ n E. Porter I Mayor \,
I 2009.
By:
ATTEST:
CftJa$~ t1 ~dJI
Martha A. Gillett
City Secretary
APPROVED:
Cl(~i~ ~
City Attorney
2
HARRIS COUNTY
PUBLIC INFRASTRUCTURE DEPARTMENT
10555 Northwest Frwy., Suite 220
Houston, Texas 77092
W ~ U' )'-' (I.,;,., .'.~.' I. 316-4877
Iii !
APR ~ 4'-"9 ! II ;
~v, i.~)f
By _.:~-==~d
April 20, 2009
City of La Porte
Mayor Alton Porter
2963 North 23rd St
La Porte, TX 77571
RE: Transmittal of Agreement between Harris County and the City of La Porte for administration
and implementation of a regional watershed protection education program
Dear Mayor Porter:
Commissioners Court authorized negotiations with the City of La Porte on February 10, 2009, to
enter into an interlocal agreement to provide the city with administration and implementation of a
regional watershed protection education program. Subsequently, the county Attorney prepared and
approved an acceptable agreement in accordance with the terms of our negotiations. We are
enclosing 2-originals of that agreement for your review and further processing. Both originals need
to be signed and returned to our office so that we may have the agreement placed on
Commissioners Court agenda for approval. Once the agreement has been approved by Court, we
will forward you a fully executed original agreement for your files, and request a check be
forwarded to us for services in accordance with the agreement.
Should you have any questions or comments regarding the agreement, please contact Veronica
Celis at 713-290-3080.
Sin rely,
~ ~ WIC9
ohn BIO~;?P.E.
Director, Planning & Operations
JB:vc
Attachments: 2-original agreements
cc: Dimetra Hamilton
Jesse Rodolfo
Veronica Celis
I
INTERLOCAL AGREEMENT
THE STATE OF TEXAS 9
9
COUNTY OF HARRIS 9
THIS INTERLOCAL AGREEMENT, hereinafter referred to as "Interlocal Agreement", is
made, entered into, and executed pursuant to the Interlocal Cooperation Act (TEX.
GOVT CODE ANN., ch. 791) by and between Harris County, a body corporate and
politic under the laws of the State of Texas, hereinafter referred to as the "County" and
the City of La Porte, a municipal corporation and a home-rule city of the State of Texas
principally situated in Harris County, Texas and acting by and through its governing
body, the City Council, hereinafter referred to as "City",
WITNESSETH THAT:
WHEREAS, the United States Environmental Protection Agency ("EPA") has
promulgated regulations requiring operators of discharges from certain municipal
separate storm sewer systems (MS4's) to obtain National Pollutant Discharge
Elimination System ("NPDES") permits for storm water discharges to waters of the
United States; and
WHEREAS, pursuant to Part III (A)(1) of General Permit No. TXR040000 of the Texas
Pollutant Discharge Elimination System, subject MS4s are required to implement a
public education and outreach program on storm water impacts.
WHEREAS, the County and the City are responsible under the regulations and permits
applicable to each for public education programs; and
WHEREAS, the City and the County desire that the County administer, in accordance
with this Interlocal Agreement, a regional public education services related to storm
water quality and other related issues that impact the water quality of our local
watersheds in regard to, but not limited to dissemination of information regarding
(a) prevention of litter, (b) proper management of pesticides, herbicides, and fertilizers,
(c) public reporting of illicit discharges, (d) proper management of used oil and
household hazardous wastes, and (e) proper construction methods, hereinafter called
the "Program".
NOW THEREFORE, for and in consideration of the mutual covenants, agreements and
benefits to the Parties herein named, the County and the City agree to the following:
I.
On or before the 60th day after execution of this Agreement, the City shall submit
payment in the amount of J16.896.40 to the County.
II.
Within 90 days of the effective date of this agreement, Harris County will provide
information, in electronic format, related to major outfalls previously located by Harris
County within the City's jurisdiction. The County shall not be responsible for the
completeness or accuracy of the information.
III ,
The County will administer the Program, which may include tasks such as:
. Development and production of public service announcements (PSAs) for
use on local, cable and municipal access channels.
. Development and production of color and black-and-white newspaper
advertisements in the Houston Chronicle and local newspapers, including
ethnic-based news publications.
. Development and production of full color newspaper inserts focusing on
key regional issues related to watershed protection and storm water
quality.
. Password-protected, web-based access to electronic versions of program
related brochures, flyers, direct mail postcards, booklets, newspaper
advertisements, newspaper inserts, public service announcements
(PSAs), etc. that will contain the regional campaign logo. Participating
cities are allowed to place their logo(s) alongside the regional campaign
logo prior to reproduction of materials.
. Strategically placed billboards throughout the Houston-Galveston region
that will include regional based messaging as it relates to watershed
protection and storm water quality. All billboards will bear the regional
campaign logo and website domain.
. Phase II "hot button" on the front page of the regional website with links to
all participating Phase II City homepage(s) or page of their choice.
· Press release distribution service via pre-existing regional media and
stakeholder listservs. Program participants may send their pre-existing
databases to Harris County for upload into the regional distribution lists.
. Monthly stakeholder group meetings
. Annual Phase II Public Education Forum
. Other related regional based public education activities.
Harris County will provide the City with a written summary of all regional public
education campaign activities provided under this agreement within 30 days of any
request by the City. If the City chooses to use this information to demonstrate permit
compliance in their annual report to the Texas Commission on Environmental Quality or
for any other purpose, it will be the City's responsibility to determine appropriateness of
that usage.
IV.
The County may use funds provided by the City under Section I of this agreement to
pay costs of the Program. At the end of this Agreement, the County shall deliver to the
City an accounting of all funds expended under this Interlocal Agreement. If the funds
provided by the City are in excess of the costs of the Program, the County shall refund
the amount of the excess to the City.
V.
All notices and communications to the City under this Interlocal Agreement, except as
otherwise specifically provided, shall be in writing and either mailed by certified mail,
return receipt requested, postage prepaid, or delivered to the following address or such
other address as the City may designate by notice:
City of La Porte
Rodney Slaton, P.E., CFM
604 W. Fairmont
La Porte, TX 77571
All notices and communications to the County under this Interlocal Agreement, except
as otherwise specifically provided, shall be in writing and either mailed by certified mail,
return receipt requested, postage prepaid, or delivered to the following address, or such
other address as the County may designate by notice:
Harris County
c/o Harris County Public Infrastructure Department
Office of Communications & Public Affairs
9800 Northwest Freeway, Ste 305
Houston, Texas 77092
Attention:
Dimetra K. Hamilton, MPA
Director of Communications
.
. ,
t"
,
'. .
r)
t
o
VI.
This Agreement shall remain in effect for a term of one year beginning upon the latter of
either the execution of this Interlocal Agreement by the County or the City, provided that
either party may terminate this Agreement upon thirty days written notice to the other
Party,
IN TESTIMONY OF WHICH, this Interlocal Agreement has been executed as follows:
a. It has been executed on behalf of the County on the _ day of JUN 0 9 200~
2009, by the County Judge of Harris County, Texas, pursuant to an Order of the
Commissioners' Court of Harris County, Texas authorizing such execution; and
It has been executed on behalf of the City on the J/'!!:-aay of --In ~ '
2009, by its Mayor, and attested by its City Secretary, pursuant to a rdmance
of the City Council of the City of La Porte authorizing such execution and
countersigned by the City Controller
b.
(-..)
\...-
APPROVED AS TO FORM:
VINCE RYAN
Harris County Altom~~ //1
B~~~~
Don C. Whitley
Assistant County Attorney
HARRIS COUNTY
By ce~ ~
ED EMMETT, County Judge
ATTEST:
~14J1jj
City Secretary
CITY OF LA PORTE
~~on~~ ~
,.' . '\ "
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to ~ ~,>>/ ~
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COUNTY OF HARRIS ~
STATE OF TEXAS ~
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 JYN 0 9 .2009 ' with the following members
present, to-WIt: ~
Ed Emmett
EI Franco Lee
Sylvia 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 AN INTERLOCAL AGREEMENT BETWEEN
HARRIS COUNTY AND THE CITY OF LA PORTE FOR ADMINISTRATION AND
IMPLEMENTATION OF A REGIONAL WATERSHED PROTECTION EDUCATIONAL
PROGRAM
Commissioner ~~ ~n order and made
a motion that the same be adopted. Commissioner:'
seconded the motion for adoption of the order. The motion, carrying with it the adoption
of the order, prevailed by the following vote:
Judge Emmett
Comm. Lee
Comm. Garcia
Comm. Radack
Yes
!
No
o
o
o
o
Abstain
o
o
o
o
The County Judge thereupon announced that the motion had duly and lawfully
carried and that the order had been duly and law-fully adopted. The order thus adopted
follows:
IT IS ORDERED that the County Judge is authorized to execute for and on behalf of
Harris County an Interlocal Agreement between Harris County and the City of La Porte
for administration and implementation of a regional watershed protection educational
program, said Interlocal Agreement being attached hereto and incorporated herein by
reference for all purposes as though fully set forth verbatim he~iRented to CommissioAe(S COurt
JUN. 0 92009
APPROVE
Recorded VoL- Page
HARRIS Cq~NTY
Public Infrastructure Department
Architecture & Engineering Division
o
9800 Northwest Freeway, Ste. 305
Houston, Texas 77092
(713) 290-3000
(--"
, )
July 6, 2009
fD) ~ ~ [E 0 \TI ~ IM1
lIJU AUG 1 0 2009 W
City of La Porte
Mayor Alton Porter
604 W. Fairmont Parkway
La Porte, TX 77571
By_
_:::::=---::::.=----
Subject:
Transmittal of Agreement between Harris County and the City of La
Porte for administration and implementation of a regional watershed
protection education program
Dear Mayor Porter:
Attached please find one fully executed agreement between Harris County and the City
of La Porte. In accordance with the agreement, please forward a check made payable
(-) to Harris County in the amount of $16,896.40, by September 6,2009.
Should you have any questions or comments, feel free to contact Veronica Celis at
(713) 290-3080.
RG:vc
Attachments - 1-original agreement
cc: Central File
F
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Mav 11. 2009
Budl!et
Requested By: .Tp.ff SlIgg!l
Source of Funds:
Depal'tment:
OIiM
Account Number: 00160545104055
Report:
Resolution:
Ordinance:
x
Amount Budgeted: 24750.00
Exhibits: WebEOC Intcrlocal Agreemcnt
Amount Requested:
2205 00
Exhibits: Ordinance
Budgeted Item: YES X NO
Exhibits
SUMMARY & RECOMMENDATION
Pursuant to the authority granted by the Interlocal Cooperation Act (Chapter 791 of the Texas Govemment Code), The
City of La Porte would like to join with the Cities of Pasadena, Deer Park and Baytown in sharing the costs of annual
software support for WebEOC.
WebEOC is a documentation, tracking and resource tool used throughout the region for incidents and disasters. This
web based program allows the free flow of information amongst the region and expedites communications between
the cities and the County, The full cost of a stand alone license for WebEOC is lOOk of which Pasadena has
purchased with a grant. Allowing the other Cities to partner with Pasadena on this project will aid in the
preparations' and recovery efforts among the regional cities before, during and after a disaster.
La POlte will be a secondary redundant backup should Pasadena have IT related issues.
Each party to this agreement shall be provided with a copy of each proposed annual maintenance agreement no later
than 30 days before executed by the City of Pasadena.
C sider approval ofthe Ordinance for the lnterlocal Agreement
5 iluj
Date
ORDINANCE NO. 2009-_~/41
AN ORDINANCE APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT BY
AND BETWEEN THE CITY OF LA PORTE, THE CITY OF BAYTOWN, AND THE CITY
OF PASADENA, TEXAS, FOR SHARING THE COSTS OF ANNUAL SOFTWARE
SUPPORT OF WEBEOC, HAlCING VARIOUS FINDINGS AND PROVISIONS RELATING
TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, a copy of which is on file in the office
of the City Secretary. The City Manager is hereby authorized to
execute such document and all related documents on behalf of the
City of La Porte.
The City Secretary is hereby authorized to
attest to all such signatures and to affix the seal of the City to
all such documents.
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 11th day of May, 2009.
ATTEST:
LJ!l~iJI.~
Mart a K. Gillet
City Secretary
APPROVED:
~7rf~/~
Clark T. Askins
Assistant City Attorney
By:
2
,.-- A0
Mayor
/f"./ J -77 -.
Cl;., u . I -- . / C' ,- ~7 r
~ ,.-'. /-1'-1
INTERLOCAL AGREEMENT (ILA) BY AND BETWEEN THE CITIES OF .
PASADENA, BAYTOWN, DEER PARK, AND LA PORTE FOR SHARING THE COSTS
OF ANNUAL SOFTWARE SUPPORT OF WEBEOC
This AGREEMENT is entered into by and between the City of Pasadena, Texas ("Pasadena")
and the Cities of Baytown, Texas ("Baytown", Deer Park, Texas ("Deer Park"), and La Porte,
Texas ("La Porte").
WITNESSETH
WHEREAS, the City of Pasadena procured WebEOC software and hardware components
utilizing federal Homeland Security Grant Program funds; and,
WHEREAS, the Cities of Baytown, Deer Park, and La Porte meet federal guidelines for
participation in the Homeland Security Grant Program; and,
WHEREAS, information sharing between Pasadena, Baytown, Deer Park, and La Porte, during
times of crisis is in the best interest of the respective communities for response and recovery
efforts; and,
WHEREAS, the City of Pasadena has agreed to make the WEBEOC components available to the
Cities of Baytown, Deer Park, and La Porte, through internet access; and,
WHEREAS, the Cities of Baytown, Deer Park, and La Porte, will benefit from utilization of the
WebEOC system; and,
WHEREAS, the parties agree that the respective rights, duties, and obligations, regarding this
joint project are as specified in this Interlocal Agreement;
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth below,
the parties agree as follows:
AGREEMENT
A. The City of Pasadena will maintain the WebEOC hardware and software In an
operational condition to the extent controllable by the City of Pasadena.
B. The City of Pasadena will install, or allow to be installed, the latest patches and releases
of the WebEOC software, as they are released by the software manufacturer.
C. The City of La Porte will install and maintain the second server package of the WebEOC
software for redundancy, and will activate the second server system when notified that
the primary server in Pasadena is out of service.
D. The Cities of Pasadena, Baytown, Deer Park, and La Porte, will each assign appropriate
personnel to be trained in the access of and proper use of the WebEOC system.
E. The Cities of Pasadena, Baytown, Deer Park, and La Porte, will share equally in the cost
of each annual maintenance agreement, as invoiced by WebEOC (ESi Acquisitions, Inc.),
which in 2009 is $8820 total ($2,205.00 per City). Costs in addition thereof required for
the operation of the WebEOC system will also be shared by the parties.
F. This agreement automatically renews annually unless terminated by any party without
cause by giving thirty (30) days written notice.
IN WITNESS HEREOF, each party intending to be bound as of the date of the last signatory
hereto executes this Agreement by their duly authorized representatives.
CITY OF PASADENA:
MaYOr~
Em~~~inator
Emergency Management Coordinator
CITY OF DEER PARK:
CITY OF LA PORTE:
M~~
~~dft~- //1
~ /
/ ~
~
G
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Mav 11. 2009
Bude:et
Requested By: nonald r ,arlrl
Source of Funds: 036
Department:
Fire
Account Number: 03660615658031
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Exhibits: Ordinance
Amount Requested: $41,50000
Exhibits: Ernest Monev Contract
Budgeted Item: YES NO x
Exhibits
SUMMARY & RECOMMENDATION
The attached ordinance is to approve and authorize an Ernest Money Contract for the purchase of property by the
City of La Porte from J W 0 Campbell, located at 125 South 3rd Street, La Porte, Harris County, Texas, as a site for
Fire Station 1.
A budget amendment will be accomplished in the future.
~ ~ ()
Date
ORDDlANCB NO. 2009-jI1)
AN ORDINANCB APPROVIHG AND AUTBORIZIHG AN B.UlTBST KOBBY CONTRACT
FOR PURCHASB BY THB CITY 01' LA PORTB I'ROK J W 0 CAMPBBLL, 01' THB
PROPBRTY AT 125 SOUTH 3RD STRBBT, LA PORTB, HARRIS COUNTY, TBXAS,
AS A SITB I'OR I'IRB STATIOH NO.1, APPROPRIATING $42,500.00, TO I'lJHD
SAID CONTRACT, IlAEDlG VARIOUS I':IHDINGS AND PROVISIONS RBLATING TO
TBB SUBJBCT, I'INDDlG COIIPL:IAHCB WITH THB OPO IIBBTINGS LAW,
PROVIDING AN BI'I'BCT:IVB DATB RBRBOI'.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, a copy of which is on file in the office
of the City Secretary. The City Manager is hereby authorized to
execute such document and all related documents on behalf of the
City of La Porte.
The City Secretary is hereby authorized to
attest to all such signatures and to affix the seal of the City to
all such documents.
City Council appropriates the sum of
$42,500.00 from Fund No. 36, Account No. 036-6061-565-8031, to fund
said contract.
Section 2. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 11th day of May, 2009.
ATTEST:
t!lf$~ I/. vW/
Ma ha A. G11lett
City Secretary
APPR~V ~
Knox W. Ask ns
City Attorney
By:
2
-
~~
TEXAS ASSOCIATION OF REALTORS"
UNIMPROVED PROPERTY COMMERCIAL CONTRACT
USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REAL TOR~ IS NOT AUTHORIZED.
or.... As.oclallon 01 REALTORSGIl, Inc. 1999
1. PARTIES: J W 0 Campbell
(Seller) agrees to sell and convey to Ci tv of 'La. Porte,
a municipal corporation (Buyer) and Buyer agrees to buy from Seller the Property described below.
2. PROPERTY:
A. The property sold by this contract is called the "Property." The Property is that real property situated in the City
of 'La Porte, Harris C~~~TD~~ 125 South 3rd Street, 'La Porte,
Texas 77571 (address) that is legally described as follows: (Identify exhibit jf described by attachment.)
Lot 16 and the South 15 feet of Lot 15,
Block 39, Town of 'La Porte, Harris County,
Texas.
B. The Property is sold together with:
(1) all rights, privileges, and appurtenances pertaining to the Property, including Seller's right, title, and interest in any
minerals, utilities, adjacent streets, alleys, strips, gores, and rights-of-way;
(2) Seller's interest in all leases, rents, and security deposits for all or part of the Property; and
(3) Seller's interest in all licenses and permits related to the Property.
(Describe any exceptions, reservations, or restrictions in Paragraph 11 or an 'tddendum.)
3. SALES PRICE:
A. At or before closing, Buyer will pay the following sales price for the Property:
(1) Cash portion payable by Buyer at closing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 4 2 , 50 0 . 00
(2) Sum of all financing described in Paragraph 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $
(3) Sales price (sum of 3A(1) and 3A(2}) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 42 , 500 . 00
B. Adiustment to Sales Price: (Check (1) or (2) only.)
t9 (1) The sales price will not be adjus:ed based on a survey.
o (2) The sales price will be adjusted based on the latest survey obtained under Paragraph 6B.
(a) The sales price is calculated on the basis of $
o (i) square foot of 0 total area 0 net area.
o (Ii) acre of 0 total area 0 net area.
per:
(b) "Total area" means all land area within the perimeter boundaries of the Property. "Net area" means total area less any
area of the Property within:
o (i) public roadways;
o (ii) rights-of-way and easements other than those that directly provide utility services to the Property; and
o (iii)
( "
?
Initialed for Identification by Buyer _._and Seller _,_
TAR, P.O. Box 2246, Austin, TX 78768-2246
Page 1 of 9
(TAR-1802) 11-5-99
4_
COmmercial Unimproved Contract Concerning
125 South 3rd Street, La Porte, Texas
(c) If the sales priR~ is adjusted by more than 10% of the stated sales price, either party may terminate this contract by
providing wdtien,notice to the other party within _ days after the terminating party receives the survey. If neither
party terminates this contract or if the variance is 10% or less, the adjustment to the sales price will be made to the
cash portion of the sales price payable by Buyer.
4. FINANCING: Buyer will finance the portion of the sales price under Paragraph 3B as follows: (Check all that apply.)
a A. Third Party Financina: A third party note(s) in the total amount of $
. This contract:
a (1) is not contingent upon Buyer obtaining third party financing.
a (2) is contingent upon Buyer obtaining third party financing in accordance with the attached Financing Addendum.
a B. Assumotion: In accordance with the attached Financing Addendum, Buyer will assume the unpaid principal balance of the first
lien promissory note, which balance at closing will be $
a c. Seller Financina: The delivery of a promissory note and deed of trust from Buyer to Seller under the terms of the attached
Financing Addendum in the amount of $
5. EARNEST MONEY: Not later than 3 days after the effective date, Buyer must deposit $ 2, 500 . 00 as earnest money
with American Title Company (escrow agent) at
5003 r'nlll'>(Y~ Park, Deer Pnrk, 'T'PXn!:; 77.'136 (escrow agent's address).
If Buyer fails to timely deposit the earnest money, Seller may terminate this contract by providing written notice to Buyer before
Buyer deposits the earnest money. Buyer may instruct the escrow agent to deposi~ the earnest money in an interest-bearing
account at a federally insured financial institution and to credit any interest to Buyer.
6. TITLE POLICY AND SURVEY:
A. Title Policv:
(1) Seller, at Seller's expense, will furnish Buyer an Owner's Policy of Title Insurance (the title policy) issued'by
A mpr i r.rl n 'T'i +-1 p r'nmprl ny (the title company) in the amount of the sales price, dated at or after
c1osmg, insuring Buyer against loss under the title policy, subject only to:
(a) those title exceptions permitted by this contract or as may be approved by Buyer in writing; and
(b) the standard printed exceptions contained in the promulgated form of title policy unless this: contract provides
otherwise.
'-
(2) The standard printed exception as to area boundaries: (Check (a) or (b) only.)
a (a) will not be deleted from the title policy.
a (b) will be deleted from the title policy at the expense of a Buyer a Seller.
(3) Buyer may object to any restrictive covenants on the Property within the time required under Paragraph 6C.
(4) Within 2Q... days after the effective date, Seller will fumish Buyer a commitment for title insurance (the commitment)
including legible copies of recorded documents evidencing title exceptions. Seller authorizes the title company to deliver
the commitment and related documents to Buyer at Buyer's address.
B. Survey:
(1) Within ~ days after the effective date: (Check all that apply.)
~ (a) Buyer will obtain a survey of the Property at Buyer's expense and deliver a copy of the survey to Seller.
a (b) Seller, at Seller's expense, will fumish Buyer a survey of the Property dated after the effective date.
a (c) Seller will deliver a true and correct copy of Seller's existing survey of the Property dated
Seller, at Seller's expense: .
a (i) will have the existing survey recertified on a date not earlier than
a (ii) will not have the existing survey recertified.
(TAR-1802) 11-5-99
Initialed for Identification by Buyer _, _ and Seller _, _
TAR, P.O. Box 2246. Austin, TX 78768-2246
Page 2 of ~
.-
Commercial Unimproved Contract Concerning
125 South 3rd Street, La Porte, Texas
'r.'
(2) The survey required under Paragraph 6B(1) must be made by a Registered Professional land Surveyor acceptable to the
title company. The survey must:
(a) identify the Property by metes and bounds or platted lot description;
(b) show that the survey was made and staked on the ground with corners permanently marked;
(c) set forth the dimensions and total area of the Property;
(d) show the location of all improvements, highways, streets, roads, railroads, rivers, creeks or other waterways, fences,
easements, and rights-of-way on the Property with all easements and rights-of-way referenced to their recording
information;
(e) show any discrepancies or conflicts in boundaries, any visible encroachments, and any portion of the Property lying
within the 1 OO-year flood plain as shown on the current Federal Emergency Management Agency map; and
(f) contain the surveyor's certificate that the survey is true and correct.
C. Buver's Obiections to the Commitment and Survev:
(1) Within ~ days after Buyer receives ali of the items required in Paragraphs SA and 6B (the commitment, copies of the
documents evidencing the title exceptions, and survey), Buyer may object in writing to matters disclosed in the items if:
(a) the matters disclosed constitute a defect or encumbrance to title other than those permitted by this contract or liens
that Seller will satisfy at closing or Buyer will assume at closing; or
(b) the items show that any part of the Property lies in a100-year flood plain.
(2) Seller may, but is not obligated to, cure Buyer's timely objections within 20 days after Seller receives the objections. The
closing date will be extended as necessary to cure the objections. If Seller fails to cure the objections by the time
required, Buyer may terminate this contract by providing written notice to Seller within 5 days after the time by which
Seller must cure the objections. If Buyer terminates, the earnest money, less the independent consideration paid for
Buyer's right to terminate under Paragraph 7B(3), will be refunded to Buyer.
(3) Buyer's failure to timely object or terminate under this Paragraph 6C is a waiver of Buyer's right to object except that
Buyer will not waive the requirements, in Schedule C of the commitment. '
7. PROPERTY CONDITION: (Check A or B only.)
~ A. ,'Present Condition: (Check (1) or (2) only.)
0.(1) Buyer accepts the Property in its present "as-is" condition.
tiO(2) Buyer accepts the Property in its present condition except that Si3l1er, at Seller's expense, will complete the following
before closing: non P.
a:: B. Feasibility Period and Richt to Terminate:
(1) Deliverv of Prooertv Information: Within 1 5 days after the effective date, Seller will deliver to Buyer the following
items to the extent that the items are in Seller's possession or are readily available to Seller. Any item not delivered is
deemed not to be in Seller's possession or readily available to SeUer. The items Seller will deliver are:
(a) copies of all current leases pertaining to the Property, including any modifications, supplements, or amendments to
the leases;
(b) copies of all notes and deeds of trust against the Property that Buyer will assume or that Seller will not pay in full on
or before closing;
(c) copies of all previous environmental assessments, studies, or analyses made on or relating to the Property;
(d) property tax statements for the Property for the previous 2 calendar years; and
(e)
(2) Insoections. Studies. or Assessments:
(a) Within 45 days after the efiective date, Buyer, at Buyer's expense, may complete or cause to be completed
inspections, studies, or assessments of the Property. Inspections, studies, or assessments may include, but are not
limited to:
(I) physical property inspections;
(Ii) economic feasibility studies;
(Iii) environmental assessments; and
(iv) engineering studies.
(TAR-1802) 11-5-99
Initialed for Identification by Buyer _, _ and Seller _,_
TAR, P.O. Box 2246, Austin, TX 78768-2246
Page 3 of f
....
Commercial Unimproved Contract Concerning
125 South 3rd street, La Porte, Texas
(b) In connection with Buyer's inspections, stu(jies, and assessments, Buyer must:
(i) employ only trained and qualified inspe-c:tors and assessors;
(ii) notify Seller, in advance, of when the inspectors or assessors will be on the Property;
(iii) abide by any reasonable entry rules or requirements that Seller may require;
(iv) not interfere with existing operations or occupants of the Property; and
(v) restore the Property to its original condition if altered due to inspections, studies, or assessments that Buyer
completes or causes to be completed.
(c) Except for those matters that arise from the negligence of Seller or Seller's agents, Buyer is responsible for any
claim, liability, encumbrance, cause of action, and expense resulting from Buyer's inspections, studies, or
assessments, including any property damage or personal injury. Buyer will indemnify, hold harmless, and defend
Seller and Seller's agents against any claim involving a matter for which Buyer is responsible under this paragraph.
(3) Rioht to Terminate: Buyer may terminate this contract for any reason within 30 days after the effective date by
providing Seller with written notice of termination. If Buyer terminates, the earnest money will be refunded to Buyer less
$ 1 00 . 0 Othat Seller will retain as independent consideration for Buyer's right to terminate under this paragraph. The
independent consideration is to be credited to the sales price only upon closing of the sale. Buyer has tendered the
independent consideration to Seller upon payment of the full amount specified in Paragraph 5 to the escrow agent. If
Buyer does not terminate within the time required, Buyer accepts the Property in its present condition.
(4) Return of Prooertv Information: If this contract terminates for any reason, Buyer will, not later than 10 days after the
termination date: (a) return to Seller all those items described in Paragraph 7B(1) that Seller delivered to Buyer and all
copies that Buyer made of those items; and (b) deliver copies of all inspection and assessment reports (excluding
economic feasibility studies) related to the Property that Buyer completed or caused to be completed. This Paragraph
7B(4) survives termination.
(5) Contracts Affectino Ooerations: After Buyer's right to terminate under 7B(3) expires, Seller rnay not enter into, amend, or
terminate any other contract that affects the operations of the Property without Buyer's prior written approval.
8. BROKERS:
A. -1ihe brokers to this sale are:
Other Broker
Other Broker represents Buyer.
License No.
_Usting Broker License No.
listing Broker:
Cl represents Seller.
:Q acts as an intermediary between Seller and Buyer.
B. Fees: (Check (1) or (2) only.)
o (1) Seller will pay Listing Broker the fee specified by separate written commission agreement between Listing Broker and
Seller. Listing Broker will pay Other Broker the fee specified in the Agreement Between Brokers found below the parties'
signatures to this contract.
D (2) At closing, Seller will pay:
Listing Broker a total cash fee of:
D _ % of the sales price.
D
Other Broker a total cash fee of:
D _ % of the sales price.
D
The cash fees will be paid in
brokers from the Seller's proceeds at closing.
County, Texas. Seller authorizes escrow agent to pay the
NOTICE: Chapter 62, Texas Property Code, authorizes a broker to secure an earned commission with a lien against the
Property.
C. The parties may not amend this Paragraph 8 without the written consent of the brokers affected by the amendment.
9. CLOSING:
A. The closing of the sale will be on or before 60 days from effective date or within 7 days after
objections to title have been cured, whichever date is later (the closing date). If either party fails to close by the closing date,
the non-defaulting party may exercise the remedies in Paragraph 15.
(TAR-1802) 11-5-99
Initialed for Identification by Buyer _,_and Seller _'_
TAR, P.O. Box 2246, Austin, TX 78768-2246
Page 4 of 9
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Commercial Unimproved Contract Concerning
125 South 3td Street, La Porte, Texas
{:1'~~~;1~'
B. At closing, Seller will deliver, at Seller's expense, a ~ general Q special warranty deed. lil:1'6'J8eed must include a vendor's
lien if any part of the sales price is financed. The deed must convey good and indefeasible tille to the Property and show no
exceptions other than those permitted under Paragraph 6 or other provisions of this contract. Seller must convey the Property
at closing:
(1) with no liens, assessments, or other security interests against the Property which will not be satisfied out of the sales price
unless securing loans Buyer assumes;
(2) without any assumed loans in default; and
(3) with no persons in possession of any part of the Property as lessees, tenants at sufferance, or trespassers except tenants
under the written leases assigned to Buyer under this contract.
C. At closing, Seller, at Seller's expense, will also deliver:
(1) tax statements showing no delinquent taxes on the Property;
(2) an assignment of all leases to or on the Property; .
(3) to the extent assignable, an assignment to Buyer of any licenses and permits related to the Property;
(4) evidence that the person executing this contract is legally capable and authorized to bind Seller; and
(5) any notices, statements, certificates, or other documents required by this contract or law necessary to convey the
Property, all of which must be completed by Seller as necessary.
D. At closing, Buyer will:
(1) pay the sales price in good funds acceptable to the escrow agent;
(2) deliver evidence that the person executing this contract is legally capable and authorized to bind Buyer; and
(3) execute and deliver any notices, statements, certificates, or other documents required by this contract or law necessary to
close the sale.
E. Unless the parties agree otherwise, the closing documents Will be as found in the basic forms in the current ,edition of the State
Bar of Texas Real Estate Forms Manual without any additional clauses.
10. POSSESSION: Seller will deliver possession of the Property to Buyer on clos ing
in its present or required repaired condition, ordinary wear and tear excepted. Until closin!i~Seller will operate
theFProperty in the same manner as on the effective date. Any possession by Buyer before closing or by Seller'after closing that is
not authorized by a separate written lease agreement is a landlord-tenant at sufferance relationship between the::parties.
11. SPECIAL PROVISIONS: (Identify exhibit if special provisions are contained in an attachment.)
".
(TAR-1802) 11-5-99
Initialed for Identification by Buyer _,_and Seller _,_
TAR, P.O. Box 2246, Austin, TX 78768-2246
Page 5 of 9
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Commercial Unimproved Contract Concerning
125 South 3rd Street, La Porte, Texas
12. SALES EXPENSES:
A. Seller's Expenses: Seller will pay for the following in cash at or before closing:
(1) releases of existing liens, other than those liens assumed by Buyer, including prepayment penalties and recording fees;
(2) release of Seller's loan liability, ii applicable;
(3) tax statements or certificates;
(4) preparation of the deed;'
(5) one-half of any escrow fee;
(6) costs to record any documents to cure title objections that Seller must cure; and
(7) other expenses that Seller will pay LInder other provisions of this contract.
B. Buver's Expenses: Buyer will pay for the following in cash at or before closing:
(1) all loan fees or expenses (for example, application fees, origination fees, discount fees, appraisal fees, assumption fees,
recording fees, tax service fees, mortgagee title policy expenses, credit report fees, document preparation fees, interest
expense that Buyer's lender requires Buyer to pay at closing, and other fees required by Buyer's lender);
(2) preparation of any deed of trust;
(3) recording fees for the deed and any deed of trust;
(4) premiums for flood insurance as may be required by Buyer's lender;
(5) one-half of any escrow fee;
(6) copy and delivery fees for delivery of the title commitment and related documents; and
(7) other expenses that Buyer will pay under other provisions of this contract.
13. PRORATIONS, ROLLBACK TAXES, RENT, AND DEPOSITS:
A. Prorations: .
(1) Interest on any assumed loan, taxes, rents, and any expense reimbursements from tenants will be prorated through the
closing date.
(2) If the amount of ad valorem taxes lor the year in which the sale closes is not available on the closing. date, taxes will be
prorated on the basis of taxes assessed in the previous year. If the taxes for the year in which the sale closes vary from
the amount prorated at closing, the parties will adjust the prorations when the tax statements for the year in which the sale
closes become available. This Paragraph 13A(2) survives closing.
f3) If Buyer assumes a loan or is taking the Property subject to an existing lien, Seller will transfer all reserve deposits held by
the ler)der for the payment of taxes, insurance premiums, and other charges to Buyer at closing and Buyer will reimburse
such amounts to Seller by an appropriate adjustment at closing.
B. :Rollback Taxes:
(J) If Seller changes the use of the Property before closing or if a denial of a special valuation on the Property claimed by
Seller results in the assessment of additional taxes, penalties, or interest (assessments) for periOds before closing, the
assessments will be the obligation of 0 Seller 0 Buyer. This Paragraph 13B(1) survives closing.
(2) If this sale or Buyer's use of the Property after closing results in additional assessments for periods before closing, the
assessments will be the obligation of 0 Seller CI Buyer. This Paragraph 13B(2) survives closing.
C. Rent and Securitv Deposits: At closing, Seller wiil tender to Buyer all security deposits and the following advance payments
received by Seller for periods after closing: prepaid expenses, advance rental payments, and other advance payments paid by
tenants. Rents prorated to one party but received by the other party wi!: be remitted by the recipient to the party to whom it was
prorated within 5 days after the rent is received. This Paragraph 13C survives closing.
14. CONDEMNATION: If before closing, condemnation proceedings are commenced against any part of the Property, Buyer may:
A. terminate this contract by providing written notice to Seller within 15 days after Buyer is advised of the condemnation
proceedings and the earnest money, less the independent consideration paid for Buyer's right to terminate under Paragraph
7B(3), will be refunded to Buyer; or .
B. appear and defend in the condemnation proceedings and any award will, at Buyer's election, belong to:
(1) Seller and the sales price will be reduced by the same amount; or
(2) Buyer and the sales price will not be reduced.
15. DEFAULT:
A. If Buyer fails to comply with this contract, Buyer is in default and Seller may:
(1) enforce specific performance, or seek other relief as may be provided by law, or both; or
. (2) terminate this contract and receive the earnest money as liquidated damages, thereby releasing the parties from this
contract.
(TAR-1802) 11-5-99
Initialed for Identification by Buyer _. _and Seller _'_
TAR, P.O. Box 2246, Austin, TX 78768-2246
Page 6 of 9
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Commercial Unimproved Contract Concerning
125 South 3rd, La Porte, Texas
B. If, withouq~!Jlt, Seller is unable within the time allowed to deliver the commitment, Buyer may:
(1) terminate this contract and receive the earnost money, less the independent consideration paid for Buyer's
terminate under Paragraph 7B(3), as the sole remedy; or
(2) extend the time for performance up to 15 days and the closing will be extended as necessary.
,~T"t/:,i ,,:~
right to
C. Except as provided in Paragraph 158, if Seller fails to comply with this contract, Seller is in default and Buyer may:
(1) enforce specific performance, or seek such other relief as may be provided by law, or both; or
(2) terminate this contract and receive the earnest money, less the independent consideration paid for Buyer's
terminate under Paragraph 7B(3), as liquidated damages, thereby releasing the parties from this contract.
16. ATTORNEY'S FEES: If Buyer, Seller, any broker, or any escrow agent is a prevailing party in any legal proceeding brought under
or with relation to this contract or this transaction, such party is entitled to recover from the non-prevailing parties all costs of such
proceeding and reasonable attorney's fees. This Paragraph 16 survives closing.
right to
17. ESCROW:
A. At closing, the earnest money must be applied first to any cash down payment, then to Buyer's closing costs, and any excess
will be refunded to Buyer.
B. If both parties make written demand for the eamest money, escrow agent may require payment of unpaid expenses incurred
, on behalf of the parties and a written release of liability of escrow agent from all parties.
C. If one party makes written demand for the earnest money, escrow agent will give notice of the demand by providing to the
other party a copy of the demand. If escrow agent does not receive written objection to the demand from the other party within
30 days after the date escrow agent sent the demand to the, other party, escrow agent may disburse the earnest money to the
party making demand, reduced by the amount of unpaid expenses incurred on behalf of the party receiving the earnest money
and escrow agent may pay the same to the creditors.
D. Escrow agent will deduct the independent consideration paid for Buyer's right to terminate under Paragraph 78(3) before
;disbursing any earnest money to Buyer anCl will pay the independent consideration to Seller.
E.lf escrow agent complies with this Paragraph 17, each party hereby releases escrow agent from all claims related to the
,disbursal-of the earnest money.
F. .Notices under this Paragraph 17 must be sent by certified mail, return receipt requested. Notices to escrow'agent are effective
.upon receipt by escrow agent.
'.
18. MA1fERIAL FACTS:
A. To the best of Seller's knowledge and belief: (Check (1) or (2) only.)
o (1) Seller is not aware of any material defects to the Property except as stated in the attached Property Condition Statement.
o (2) Seller is not aware of any of the following, except as described otherwise in this contract:
(a) any material physical defects to the Property;
(b) any pending or threatened litigation, condemnation, or assessment affecting the Property;
(c) any environmental hazards or conditions that affect the Property; .
(d) whether the Property is or has ever been used for the storage or disposal of hazardous materials or toxic waste, a
dump site or landfill, or any underground tanks or containers;
(e) whether radon, asbestos insulation or fireproofing, urea-formaldehyde foam insulation, lead-based paint, or other
pollutants or contaminants of any nature now exist or have ever existed on the Property;
(f) whether wetlands, as defined by federal or state law or regulation, are on the Property; and
(g) whether threatened or endangered species or their habitat are on the Property.
(Describe any exceptions to (a)-{g) in Paragraph 11 or an addendum.)
B. Each written lease Seller is to furnish to Buyer under this contract mus.! be in full force and effect according to its terms without
amendment or modification that is not disclosed to Buyer in writing. Seller must disclose, in writing, to Buyer if any of the
following exist at the time Seller provides the leases to Buyer or subsequently occur before closing:
(1) any modifications, amendments, or default by landlord or tenant under the leases;
(2) any failure by Seller to comply with Seller's obligations under the leases;
(3) any circumstances under the lease that entitle the tenant to ter.minate the lease or seek any offsets or damages;
(4) any non-occupancy of the leased premises by a tenant;
(T AR-1802) 11-5-99
Initialed for Identification by Buyer _. _and Seller _,_
TAR, P.O. Box 2246, Austin, TX 78768-2246
Page 7 of !
'""'"
Commercial Unimproved Contract Concerning
125 South 3rd Street, La Porte, Texas
,(5) any advance sums paid by a tenant under the lease;
(6) any concessions, bonuses, free rents, rebates, brokerage commissions, or other matters that affect any lease; and
(7) any amounts payable under the leases that have been assigned or encumbered, except as security for loan(s) assumed
or taken subject to under this contract.
19. NOTICES: All notices between the parties under this contract must be in writirlg and are effective when hand-delivered, mailed by
certified mail return receipt requested, or sent by facsimile transmission 10:
20.
8u~r~ Knox W. Askins
P .0. Box 1 ~ 1 tl
La portet TX 77512-1218
Phone 281. 471. 8 8 6 '
Fax ~ tll . 4 / I . ~ U 4 /
email knoxaskins@comcast.net
FEDERAL TAX REQUIREMENT: If Seller is a "foreign person" as defined by applicable law, or if Seller fails to deliver at closing
an affidavit that Seller is not a foreign person, then Buyer will withhold from the sales proceeds at closing any amount sufficient to
comply with applicable tax law and deliver the amount withheld to the Internal Revenue Service (IRS), together with appropriate tax
forms. IRS regulations require filing written reports if cash in excess of specified amounts is received in the transaction.
Seller at
J W 0 Campbell
535 Ba~shore 9'~Vf
La Pore, TX 7
<6 J '1.-- <2(" /e. ~1/
Phone
Fax
21. DISPUTE RESOLUTION: The parties agree 10 negotiate in good faith in an effort to resolve any dispute related to this contract
that may arise. If the dispute cannot be resolved by negotiation, the parties will submit the dispute to mediation before resorting to
arbitration or litigation and will equally share the costs of a mutually acceptable mediator.
22. AGREEMENT OF THE PARTIES:
A. This contract is binding on the parties, their heirs, executors, representatives, successors, and permitted assigns.
B. This contract is to be construed in accordance with the laws of the State of Texas.
C. This contract contains the entire agreement of the parties and may not be changed except by written agreement.
D. If -this contract is executed in a number of identical counterparts, each counterpart is an original and: all counterparts,
collectively; constitute one agreement.
E. Buyer 0 may 0 may not assign this contract. If Buyer assigns this contract, Buyer will be relieved of any future liability
under this contract only if the assignee assumes, in writing, all obligations and liability of Buyer under this contract.
".
F. Addenda which are part of this contract are: (Check all that apply.)
[J (1) Property Description Exhibit identified in Paragraph 2;
o (2) Financing Addendum;
o (3) Commercial Property Condition Slatement;
o (4) Notice to Purchaser of Real Property in a Water District;
o (5) Addendum for Coastal Area Property;
o (6) Addendum for Property Located Seaward of the Gulf Intracoastal Waterway; and
o (7)
23. TIME: Time is of the essence in this contract. The parties require strict compliance with the times for performance. If the last day
to perform under a provision of this contract falls on a Saturday, Sunday, or legal holiday, the time for performance is extended
until the next day which is not a Saturday, Sunday, or legal holiday.
24. EFFECTIVE DATE: The effective date of this contract for the purpose of performance of all obligations is the date the escrow
agent receipts this contract after all parties execute this contract.
25. ADDITIONAL NOTICES:
A. Buyer should have an abstract covering the Property examined by an attorney of Buyer's selection, or Buyer should be
furnished with or obtain a title policy.
B. If the Property is situated in a utility or other statutorily created district providing water, sewer, drainage, or flood control
facilities and services, Chapter 49, Texas Water Code, requires Seller to deliver and Buyer to sign the statutory notice relating
to the tax rate, bonded indebtedness, or standby fees of the district before final execution of this contract.
(T AA-1802) 11-5-99
Initialed for Identification by Buyer _. _ and Seller _'_
TAR, P.O. Box 2246, Austin, TX 78768-2246
Page 8 of 9
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Commercial Unimproved Contract Concerning
- 125 South 3rd Street, La Porte, Texas
-._- ... -.- ----'-'-
C. If the Property adjoins or shares a common boundary with the tidally influenced submerged lands 01 the state, 933.135 01 the
Texas Natural Resources Code requires a notice regarding coastal area property to be included as part 01 this contract.
D. II the Property is located seaward 01 the Gull Intracoaslal Waterway, 961.025, Texas Natural Resources Code, requires a
notice regarding the seaward location 01 the Property to be included as part of this contract.
E. II the Property is located outside the limits of a municipality, the Property may now or later be included in the extra-territorial
Jurisdiction (ET J) 01 a munlclpalily and may now or later be subject to annexation by the municipality. Each municipality
maintains a map that depicts its boundaries and ETJ. To determine lIthe Property Is located within a municipality's ETJ. Buyer
should contact all municipalities locale9 In the general proxlmily 01 the Property for furttler information.
F. Brokers are not quall/ied to perform property inspections, surveys, engineering studies, environmental assessments. or
inspections to determine compliance with zoning, governmental regulations. or laws. Buyer should seek experts to perform
such services. Selection 01 inspectors and repairmen is the responsibility 01 Buyer and not the brokers.
26. CONTRACT AS OFFER: The execution o/this contract by the first party constitutes an offer to buy or sell the Property. Unless
the other party accepts by 5:00 p.m., in the time zone in which the Property is located, on
the offer will lapse and become null and void.
This Is a legally binding contract. READ IT CAREFULLY. The brokers and agents make no representation or recommendation
as to the legal sufficiency, legal effect, or tax consequences of this document or transaction. CONSULT your attorney
BEFORE signing.
Buyer's
Attorney
Seller's
Attorney
Buyer
~~,
S~ler J TtoJ--er-ca be 1
Buyer
Seller
AGREEMENT BElWEEN BROj<ERS
Listing Broker agrees to pay (Other Broker)
a ree of $ or _ % of the sales price when the Listing Broker's fee is received. Escrow agent is
authorized and directed to pay Other Broker from Listing Broker's fee at closing. This Agreement Between Brokers supersedes any
prior oilers and agreements for compensation between brokers.
Other Broker
license No.
listing Broker
License No.
By:
By:
Other Broker's Address
listing Broker's Address
Phone
Fax
Phone
Fax
ESCROW RECEIPT
Escrow agent acknowledges receipt of:
o A. the contract on this day
o B. earnest money in the amount of $
in Ihe form of
(effective date);
on this day
Address:
Escrow Agent
By:
Fax
Phone
(TAR-1802) 11-5.99
TAR, P.O. Box 2246, Austin, TX 78768-2246.
Page 9 (
7
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: Mav 11. 2009
Source of Funds: N/A
Requested By: Alton Porter
Account Number: N/A
Department: Mavor's Office
Amount Budgeted: N/A
Report: _Resolution: _Ordinance: l
Amount Requested:
Exhibits:
1. Ordinance
2. Area Map
Budgeted Item: _YES ....LNO
SUMMARY & RECOMMENDATION
The City has received an application from Mr. Ted Cortez to vacate, abandon and close the S. 15th
Street Right-of-Way between Blocks 753 & 754, Town of La Porte and the southernmost 300' of
the alley in Block 754. The applicant desires to close the subject rights-of-way to facilitate
expansion of his business, Durco, Ltd., at 225 S. 16th Street.
Current City guidelines discourage 'partial' right-of-way closings. Accordingly, Staff advised the
applicant of the need to obtain consent from the sole adjacent owner within the block (Lots 29-32,
Block 754). The applicant has contacted the owner on several occasions to obtain consent and to
purchase the property. The adjacent owner has subsequently refused to participate or to provide
consent. Therefore, Staff requests Council's consideration of a partial alley closing in this specific
case.
City Staff and its franchised utility companies (i.e. Centerpoint Energy, AT&T & Comcast) have
each reviewed the applicant's request and have expressed no objection to closing of the subject
right-of-way and alley.
In accordance with Section 62.35 of the City's Code of Ordinances, an independent appraisal has
been conducted of the S. 15th Street Right-of-Way (2,400 sq. ft.) and the southernmost 300' of the
alley in Block 754 (4,800 sq. ft.). Fair market value has subsequently been assessed at $0.90 per
square foot for which the City has received payment in the amount of$19,440 (75% of Fair Market
Value per the ordinance). Upon approval of the subject closings by Council, Mr. Cortez will replat
his entire properties to include the closed rights-of-way.
Action Required of Council:
nSl er approval of an ordinance to vacate, abandon, and close the S. 15th Street Right-of-Way
betwe Blocks 753 & 754, La Porte, and the southernmost 300' of the alley in Block 754,
La Po e.
ager
~~ ~'1
Date
ORDINANCE NO. 2009- ~ } '-f L)
AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF
THE SOUTH 15TH STREET RIGHT -OF -WAY AND A PORTION OF THE
ALLEY IN BLOCK 754, 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 owner of all of the property abutting the hereinafter described portions of the
South 15th Street Right-of-Way and the alley in Block 754, Town Of La Porte, Harris
County, Texas, to vacate, abandon, and permanently close the hereinafter described
portions of the South 15th Street Right-of-Way and the alley in Block 754, 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 portions of South 15th
Street Right-of-Way and the alley in Block 754, Town Of La Porte, Harris County,
Texas, are not suitable, needed, or beneficial to the public as a public road, street, or
alley, and the closing ofthe hereinafter described portions of the South 15th Street Right-
of-Way and the alley in Block 754, 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 portions of South 15th Street Right-of-Way and the alley in Block 754, 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 portions of South 15th Street Right-of- Way and the alley
in Block 754, Town Of La Porte, Harris County, Texas, are hereby permanently vacated,
abandoned, and closed by the City of La Porte, to wit:
$W..8t/ /
2
TRACT ONE:
That portion of the South 15th Street Right-of-Way (60' wide) lying within and
situated between Blocks 753 and 754, Town of La Porte, as generally illustrated on
Exhibit "A" attached herein and made part hereof, containing a total of twenty four
thousand (24,000) square feet.
TRACT TWO:
That portion of the alley in Block 754, Town of La Porte, lying within and situated
between Lots 5 through 16 and Lots 17 through 28, as generally illustrated on
Exhibit "A" attached herein and made part hereof, containing a total of four
thousand eight hundred (4,800) square feet.
Section 2. The City Council officially finds, determines, recites, and declares
that a sufficient written notice of the date, hour, place, and subject of this meeting of the
City Council was posted at a place convenient to the public at the City Hall of the City
for the time required by law preceding this meeting, as required by the Open Meetings
Law, Chapter 551, Texas Government Code; and that this meeting has been open to the
public as required by law at all times during which this ordinance and the subject matter
thereof has been discussed, considered, and formally acted upon. The City Council
further ratifies, approves, and confirms such written notice and the contents and posting
thereof.
Section 3. This Ordinance shall be effective from and after its passage and approval,
and it is so ordered.
3
PASSED AND APPROVED THIS JK DAY OF '-1YJr 2009.
CITY OF LA PORTE
By:
ATTEST:
cmatNl ~$
Martha Gillett, City Secretary
AP;:ZU ~
Knox W. Askins, City Attorney
I
I
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7 J
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I I SAC-2008-08
EXHIBIT "A" TO
ORD. NO. 2009-
725
2
752
S. 15th ST. R-O-W CLOSING
(60' x 400' = 24,000 SQ. FT.)
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8
REQUEST FOR CITY COUNCIL AGENDA ITEM
S. Gillett
Agenda Date Requested:
Appropriation
Requested B
Source ofFnnds: Fund 015
Department: Public Works
Account Number: 015-9892-967-1100
Report: X Resolution: Ordinance:
Amount Budgeted:
$991,000
Exhibits: Engineer's Recommendation and Bid Tabulation Amount Requested: $991,000
Exhibits: PSI Proposal for Testinl!
Budgeted Item:
YES
Exhibits: Original and Additional Street List
SUMMARY & RECOMMENDATION
On September 22, 2008, the City Council approved an agreement with Cobb Fendley & Associates to
provide professional engineering services to provide design, bidding and construction phase services for
the overlay of various streets within the City. A total of four (4) contractors prequalified for the Project in
accordance with the City's Prequalification Ordinance. A total of two (2) bids were received on May 4,
2009. See attached bid tabulation. Low bid was submitted by Angel Brothers Enterprises, LTD, Inc. in
the amountof$799,318.75.
Professional Services Industries, Inc.(PSI) has also submitted a proposal to perform testing services for
the Project. Attached is an estimate of services required for the Project, totaling $32,131.00.
Recommend authorizing $35,000.
The Contract for overlay is based on a per ton rate. Should additional funds be available after completion
of the proposed list, it is requested that the council authorize additional funding up to the budget limit to
overlay additional streets. A proposed list of additional streets is attached.
Budget
Contract Overlay
Material Testing
Total
Less Total Available Funds
$ 799,318.75
35.000.00
Total Available for Additional Overlay
$834,318.75
991.000.00
$156,681.25
Ron Bottoms, City Manager
Date
dll CobbFendley
May 4, 2009
Mr. Steve Gillett
Director of Public Works
City of La Porte
604 West Fairmont Parkway
La Porte, Texas 77571
VIA E.MAIL
ORIGINAL BY MAIL
Re: Contract Award Recommendation
2009 Multiple Street Overlay
Sealed Bid #09018
CFA No. 0812..Q14-01-03
Dear Steve:
The bids for the subject project have been reviewed for completeness and accuracy. Please
find the bid tabulations that have been prepared and attached to this letter.
Angel Brothers Ent., Ltd. turned in the low bid of$799,318.75 and is also a reputable contractor
in the area and registered through the City's pre-qualification process. Therefore, CobbFendley
is recommending that the contract for the subject project be awarded to Angel Brothers.
If you have any questions or require additional information, Please contact me at (713) 462-
3242.
Sincerely,
cc: Harian Hartoon, Angel Brothers Ent.. Ltd.
File
D;\CF A\2008\ 12014spencer_ va!ley\ENG\Bld Phase\Asphalt Overla,'\Bfd recommendation.doc
13430 Northwest Freeway. Suite 1100 I HOLJston, Texas 77040 I 713.462.3242 I fax 713.462.3262 j vm,v,cobfen,com
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PROFESSIONAL SERVICE INDUSTRIES, INC.
1413 Wast Barbours Cut. La Porte. TX 77571 . Phone 281/471-2900' Fax 281/471-2956
CONSTRUCTION MATERIALS ESTIMATE
Asphalt Overlay Project
City of La Porte
La Porte, Texas
Oeserl lion of Services
Total
Field Inspection of Asphalt (Asphaltic Concrete Materials to be sampled once a day)
Senior Engineering Technician 192 36,00 hour 6,912.00
Vehicle Charge 192 7.50. hour 1,440.00
Molding Specimens (3 Specimens) 24 f 60.00 Set 1,440.00
Density (3 Spe~imens) 24 ! 60.00 Set 1,440.00
Stability (3 Spec!mens) 24 70.0~_ _~et 1,680.00
Theoretical SpecifIC Gravity 24 70.00 each 1,680.00
Extraction & GraEation __._".___'_ 1--_. 24 140.00 each _.__~~~..90
Asphalt Coring (Density and Thickness Verification) ~~3 100.00 each 11,300.00
Nuclear Density Gauge Testing . 192 7.00 i each 1,344.00
Subtotal
$30,596.00
Engineering
.Engineering Repo!f Review .__I~~.OO hour 1,020.00
Engineering Report Site Visit 2 . 85.00 hour 170.00
Vehicle Charge 2 7.50 hour 15.00
Professional Engineer Certification 3 L 110.00 hour 330.00
Subtotal
$1,535.00
Estimated Total Cost:
$32,131.00
Notes:
. Changelilln the project &cope,lnclement weather, and/or contractor methods may cause the actual
fees fOT this project to diffllT from the above amount,
. The above esttmate is based on an B-hour work day without overtIme.
2008-2009 OVERLAY PROGRAM
STREET NAME LIMITS OF PAVING LINEAR FEET WIDTH
1. S. Idaho E. Main to Park 3,280 24
2. S. Nugent E. Main to Park 2,780 22
3. Andricks Underwood to Carlow 2,570 20
4. Montgomery Underwood to Ridgefield 2,115 20
5. Catlett Underwood to Andricks 1,325 20
6. Belfast Underwood to Clarksville 1,830 20
7. Crandall Catlett to Carlow 675 20
8. Bois D'Arc Robinson Rd. to Santa Anna 2,165 22
9. Houston Robinson Rd. to Highway 225 3,155 22
10. Santa Anna Houston to Bois D' Arc 1,170 22
11. S. 7th W. Main to Fairmont 4,435 20
12. Roscoe S. Blackwell to S. Lobit 400 22
13. S. Lobit Roscoe to Park 790 20
14. Roscoe S. Carroll to S. Nugent 800 22
15. S. Carroll Park to Roscoe 790 20
16. S. Nugent Park to Roscoe 790 22
17. N 11th W. Main to Barbour's Cut 2,660 20
18. S 11 th We. Main to W. C 1,390 20
19. S. Virginia E. Main to Park 3,630 24
20. Oakhurst Broadway to dead end 775 24
21. Crescent View Broadway to dead end 845 20
22. E. G San Jacinto to Broadway 1,475 24
23. W. H Broadway to S. 8th 2,405 22
24. W. Adams Broadway to 146 2,940 24
25. Flintlock Battle View to west end 485 24
26. Battle View N. D to dead end 625 24
27. Monument Santa Anna to Houston 1 ,450 22
28. San Jacinto Robinson to Santa Anna 2,170 22
29. N 1st Main to Tyler 1,305 22
30. W. Tyler N. Broadway to SH 146 2,965 20
31. Deaf Smith Robinson Rd. to Santa Anna 2,165 22
TOTAL LINEAR FEET 56,355
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A
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: 05-11-09
Requested By: Kel1ith Ad('oy (2rt() ~/t.4 tf!;'% 7
Budl!et
Source of Funds:
Department: Police
Account Numbet':
Report:
Resolntion:
Ordinance:
Amount Budgeted:
Exhibits:
Proposed Rate Spreadshect
Amount Requcsted:
Exhibits:
CUlTent Al!reemcut with L.P.I.S.D.
Budgctcd Item: YES NO
Exhibits
SUMMARY & RECOMMENDATION
The existing School Resource Officer (SRO) Memorandum of Agreement between the City of La Porte
and the La Patte Independent School District expires at the end of this school year. The current three
year agreement provides for fOllr (4) La POlte Police Officers to work full-time during the school year at
the La POlte High School (two officers), La Porte Junior High School, and Lomax Junior High School.
Additionally, the current agreement provides for one (1) La Patte Police Officer to work half-time as a
DARE Officer at the School District's Baker 61h Grade Campus. The School District would like to
continue the SRO Program for an additional three years and has requested to increase their LIse of the
assigned DARE officer from half time to full time and to add an additional officer to work full-time as an
SRO for their DeWalt Campus. With these increases, the City would provide a total of six (6) full-time
officers to the School District as opposed to four and a half (4,5) officers,
As with the previous agreement, the School District wiII fully reimburse the City for the salary and
benefits associated with these six (6) officers during 18 I work days that school is in session. Th tS
constitutes 70% of each officer's annual salary and benefits. The City would have full use of these
officers during the remaining 79 work days of the year, representing the remaining 30% of the involved
officer's salary and benefits. The City would of course reserve the option of pulling these officers away
from their school assignment at anytime during the year should the need arise, i.e. weather emergencies.
The Police Depmtl11ent is recommending the approval ofthis request from the School District due to the
substantial benefits the program provides to the La POlte community. Due to the Police Depmtments
limited resources, however, the Police Depaltment is requesting that City Council consider allowing the
police department to hire an additional officer to replace the officer assigned to the new DeWalt SRO
position. Since the School District will be reimbursing the city for 70% of the De Walt SRO's salary and
benefits, which is estimated at the rate of a mid-range La Patte Police Officer, the estimated cost to the
City for the salary and benefits associated with the hiring of a new replacement officer is only $16,203.
There would also be an estimated one time cost of $3,403 required for uniforms and equipment needed to
fully outfit the new officer.
The addition of this officer would require an Amendment to Ordinance 1285-R, increasing tile Police
Department's authorized strength fi'om 57 to 58 Patrol Officers. Since the school year begins prior to the
2010 Fiscal Year, there should be sufficient funding in salary savings from the current (2009) fiscal year
for vacant positions within the Police Depaltment to cover the shott period oftime.
Action Required bv Council:
Request Council to give its blessing to the School District's new request and the subsequent increase of
one officer to the Police Departments authorized strength. UpOIl Council's approval, a new agreement
will be drawn up for presentation by the LPISD Superintendent to the School Board before being
e nted to Council for final approval. An amendment to Ordinance 1285-R, increasing the Police
ep l'tment's authorized strength from 57 to 58 will also be presented to Council at the same time as the
new gre ent.
Date
La Porte Police Department
DARE FULL-TIME & DEWALT
LPISD Officers for School Year
Year 1
Blakemore Persails Novosad
Larkey
Stanley TBD
LPISD #1 LPISD #2 LPISD #3 LPISD #4 DARE DEWAL T
Waaes 42643.60 42643.60 38140.32 40254.40 42643.60 36026.24
FICA 3262.24 3262.24 2917.73 3079.46 3262.24 2756.01
Health 6451.99 6451.99 6451.99 6451.99 6451.99 6451.99
Life 55.19 55.19 55.19 55.19 55.19 55.19
TMRS 6558.59 6558.59 5865.98 6191.13 6558.59 5540.84
Work/Comp 729.21 729.21 652.20 688.35 729.21 616.05
59700.80 59700.80 54083.41 56720.51 59700.80 51446.30
Total Year 1
$ 341 J352.61
I 2 YEAR COST I
$ 682,705.23
COSTS FOR SCHOOL YEAR 08-09
$ 213,310.85
AGREEMENT
STATE OF TEXAS {
{
COUNTY OF HARRIS {
WHEREAS, this Agreement is made and entered into by and between the LA PORTE
INDEPENDENT SCHOOL DISTRICT, hereinafter called "DISTRICT", and the CITY OF LA
PORTE, a Texas Municipal Corporatio~ hereinafter called "CITY".
y.; I T N ESE T H:
WHEREAS, DISTRICT desires to have the Chief of Police of the City of La Porte,
hereinafter called "CHIEF", authorize and direct five (5) of CITY's patrol officers, hereinafter called
"PATROL' OFFICERS", to devot~ those officers' working time to the District Schools, during the
normal school year, including teacher work days; and
WHEREAS, DIS1RICT is willing to pay the CITY an agreed amount equal to the cost'to
the CITY for supplying law enforcement services, including salary and any additional expens~ the
CITY may incur in providing these services, so as to enable.the PATROL OFFICERS assigned by
the CIDEF to provide those services;
NOW TIIEREFORE, in consideration of the mutual covenants, agreements, and benefits to
both parties, it is AGREED as follows:
1.
The CITY agrees to authorize the CHIEF to assign PATROL OFFlCERS to provide law
enforcement services to La Porte Schools. As used herein, the phrase "working time" means the
. usual or normal hours that the PATROL OFFICER is required to work in any calendar month and
does not include any extra overtime work. The time the PATROL OFFICERS are on duty within
the area of the schools, the time the PATROL OFFICERS are in court in connection with cases
arising out of events occurring within the area, the time the J? A TROL OFFICERS spend in
preparing reports and docwnents pertaining to events occurring in the area, the time the PATROL
OFFlCERS spend transporting persons arrested in the area to jail, the ~e the PATROL
OFFICERS spend investigating crimes or possible crimes committed in the area, and the time spent
in any and all activities related to.performing law enforcement services for the DISTRICT shall be
deemed working time. The items listed above are explanatory and the meaning for "working time"
is not limited to said list.
ll.
The DISTRICT agrees to pay to the CITY the sum of $207,078.08 (HBase Arnowt") for
assignment offive (5) PATROL OFFICERS to the DISTRICT, for the first school year included in
this agreement. 'The Base Amount is based on four (4) officers working eight (8) hours each day,
for 181 days in the school year, and one (1) D.A.R.E. PAJROL OfFICER working 724 hours in
the school year, and shall serve as compensation for the wor19ng time of said PATROL
OFFICERS. The Base Amount shall remain consistent for the first year, except as otherwise
provided under this agreement, but said Base Amount shall increase to the sU1i1 of $21 0,128.24 for
school year two, and further increase to the sum of $213,310.85 for school year three; of this
agreement. Said increases of the Base Amount shall include and incorporate the PATROL
OFFICERS' structured pay raises for school year two and three under this agreement, as indicated
in the salary schedule of payment attached as Exhibit A to the agreement and incorporated by
reference for all purposes.
The DISTRICT further agrees that the Base Amount, and/or the increases to Base Amount
for school years two and three as specified in the preceding paragraph and on Exhibit A to this
agreement, may be increased by a factor equal to any Consumer Price fudex - Urban (CPI-U)
increases, for each year thereafter, using January 2006, as a base. The CITY shall notifY the
DISTRICT of any increases at least thirty (30) days pnor to the effective date of the proposed
increase.
The CITY agrees to provide to the DISTRICT an invoice, at the beginning of each semester,
setting forth the costs for providing the law enforcement services to the DISTRICT. The
DISTRICT agrees to reimburse the CITY the cost as set forth in the invoice withiti thirty (30) days
of the date of such invoices. If the DISTRICT; for any reason disputes any items in any invoices
submitted by the CITY, the DISTRICT shall promptly notifY the CITY of the dispute and request
clarification and/or remedial action. The decision of the CITY regarding all disputes involving the
cost for providing PATROL OFFICERS shall be final. Payment shall be made to the City of La
Porte, Attention: Finance Director, 604 West Fairmont Parlcway, La Porte, Texas 77571. Invoices
sent by the CITY shall be addressed to La Porte Independent School District: Attention: David
Drake, Business Office, 301 East Fairmont Parkway, La Porte, Texas 77571. Either party hereto
may change its address for the purposes of this agreement by giving written notice of such change
in the manner provided for in this agreement
ill.
The term of this agreement shall be for each school year, as determined by the DISTRICT,
commencing August 7,2006, for the 2006-2007 school year, and ending on the final day of school
in the year 2009, and shall include an option to extend this agreement for an additional two (2)
years, with the same terms and conditions, upon the express written approval of the CITY and the
DISTRICT. It is expressly understood and agreed that the period or tenn of this agreement may be
terminated with or without notice by the CITY at any time after the DISTRICT has defaulted on
8!ly payment of any obligation hereunder. Payments hereunder shall be pro.rated to effective date
of cancellation.
Any notice permitted or required to be given in this paragraph to the DISTRICT shall be
given by registered or certified United States mail, postage prepaid, return receipt requested, and
addressed to the DISTRICT at 301 East Fairmont Parkway, laPorte, Texas 77571.
Any notice permitted or required to be given in this paragraph to the CITY shall be given by
registered or certified United States mail, postage prepaid, return receipt requested, and addressed
to the CITY, Attention: City Manager, at 604 West Fairmont Parkway, La Porte, Texas 77571.
IV.
It is expressly understood and agreed that any PATROL OFFICERS assigned to work at the
DISTRICT shall be subject to the exclusive control and supervision of the CHIEF and to the same
extent as all other PATROL OFFICERS, and shall have no duty or obligation to the DISTRICT
other than those duties or obligations which the PATROL OFFICERS would have to the public .
generally, to enforce state laws and CITY ordinances, specifically, PATROL OFFICERS shall not
be required to enforce DiSTRICT rules and regulations. The CIDEF shall set the working times
(hours and days) for the P AmOL OFFICERS after consulting with a designated agent of the
DISTRICT. '
V.
It is expressly agreed and understood between the DISTRICT and the CITY, that i~ in the'
opinion of the CHIEF, it is necessary to use the PATROL OFFICERS assigned to carry out this
agreement for other duties due to an emergency, or other reasons as determined solely by the
CHIEF, that the CHIEF may temporarily suspend the assignment of PATROL OFFICERS to
comply with this agreement. It is, however understood by both the CITY and the DISTRICf that
the DISTRICT will be credited on a pro-rata basis for charges hereunder if an officer is temporarily
assigned to other duties at the direction of the CHIEF. '
VI.
Both parties .t;llutually agree that the CITY is an independent contractor, and shall have
exclusive control of performance herelUlder, and that employees of the CITY are in no way to be
considered employees of the DISTRICT.
VII.
Should any litigation be commenced between the parties hereto concerning this agreement,
or the rights and duties of either party in relation thereto, the party prevailing in such litigation shall
be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for its
attorney's fees in such litigation. Nothing in this paragraph shall be construed so as to limit or
waive the sovereign immunity of either the CITY of the DISTRICT.
VIII.
This agreement shall be construed under and in accordance with the laws of the State of
Texas, and all obligations of the parties hereunder shall be performed in Harris County, Texas.
IX.
If anyone or more of the provisions contained in this agreement shall for any reason be held
to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability
shall not affect any other provision thereof and this agreement shall be construed as if such invalid,
illegal, or unenforceable provision had never been contained herein. .
x.
This agreement constitutes the sole and only agreement of the parties hereto and supersedes
any prior Wlderstanding of written or oral agreements between the parties respecting the subject
matter within.
XI.
No amendment, modification, or alteration of the terms hereof shan be binding unless
submitted in writing, dated subsequent to the date hereof, and duly executed by both parties. .
xn.
Neither party to this agreement may assign their rights, duties, or interests without first
obtaining the written consent of the other party. Consent to one assignment shall not be deemed to
be consent to any subsequent assignment. An assignment without the written agreement of both
parties, or an assignment by operation of law, shall be voi~, and shall, at the option of either party,
terminate this agreement.
IN WITNESS WHEREOF, the undersigned DISTRICT and CITY hereto execute this
agreement effective on this 14th day of August, 2006.
By:
CITY pF LA PORTE
i~JyW m# /-~ L
Debra FeazeI1e .
City Manager
ATTEST:
By: l1J! ff/:Ih~ t!I.z4dtj
Mrirtba A. Gillett
City Secretary
APPROVED:
By: ~T'~4
City Attorney
By:
By:
.1~^^t /;),~
President
Board of Trustees Kathy Green
La Porte Police Department
LPISD Officers for School ~ Year
DARE Officer 1 Semester
Year 1
Blakemore Persails
O~ ~ 0 1
Novosad
Larkey
Stanley
LPlSD #1 LPlSD #2 LPlSD #3 LPlSD #4 DARE
WaQes 35678.72 35678.72 30494.88 31711.20 17158.08
FICA 2729.42 2729.42 2332.86 2425.91 1312.59
Health 4849.03 4849.03 4849.03 4849.03 2483.57
Life 25.47 25.47 25.47 25.47 25.47
TMRS 4620.39 4620.39 3949.09 4106.60 2221.97
Work/Comp 781.36 781.36 667.84 694.48 375.76
48684.40 48684.40 42319.16 43812.68 23577.44
Total Year 1
$ 207,078.08
Year2
OI~Oq;
LPlSD #1 LPlSD #2 LPlSD #3 LPISD #4 DARE
WaQes 35678.72 35678.72 31711.20 32985.44 17151.56
FICA 2729.42 2729.42 2425.91 2523.39 1312.09
Health 4849.03 4849.03 . 4849.03 4849.03 2483.57
Life 25.47 25.47 25.47 25.47 25.47
TMRS 4620.39 4620.39 4106.60 4271.61 2221.13
Work/Comp 781.36 781.36 694.48 722.38 375.62
48684.40 48684.40 43812.68 45377.32 23569.44
Total Year 2
210,.128.24
Year 3 .
o~"""oj
LPISD #1 LPISD #2 LPISD #3 Lj:tISD #4 DARE
WaQes 35678.72 35678.72 32985.44 34303.12 17151.56
FICA 2729..42 2729.42 2523.39 2624.19 1312.09
Healtll 4849.03 4849.03 4849.03 4849.03 2483.57
Life 25.47 25.4 7 25.47 25.47 25.47
TMRS 4620.39 4620.39 4271.61 4442.25 2221.13
Work/Camp 781.36 781 .36 722.38 751.24 375.62
48684.40 48684.40 45377.32 46995.30 23569.44
Total Year 3
$ 213,310.85
3 YEAR TOTAL
$630,517.17
12
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Mav 11, 2009
Budl!et
Requested By: Ron Bottoms
Source of Funds:
LPEDC Fund 038
Department:
Administration
Account Number:
Report:
Resolution:
Ordinance:
Amount Budgeted: $2,700,000
Exhibits:
Bid Tabulation
Amount Requested" $? lilt) "'/l
Budgeted Item:~N~ '
Exhibits:
Low bid submittal
Exhibits
SUMMARY & RECOMMENDATION
On April 22, 2009 purchasing opened bids on the Town Plaza project. Attached is the bid summary that indicates
that CF Jordan is the low bidder at $2,019,000. Through our architect we requested that CF Jordan suggest
opportunities for value engineering. In reviewing the contractor's suggestions staff is recommending a $29,480 bid
reduction to $1,989,520, plus a $50,000 contingency for a new total of $2,039,520. Initial project estimates placed
the cost of the project at $1.5 to $2.0 Million. We received a total of nine (9) bids and feel very comfortable that this
bid is reflective of the current costs. The proposed construction time frame is 180 days.
The LPEDC budgeted $2.7 Million for this project, with an additional $50,000 contingency for capital projects. The
revised total budget for the plaza, which includes constmction, land acquisition, professional services and the tank
removal is $$2,981,520, or $231,520 over the budgeted amount - including the contingency. Included in the $2.7
Million that was budgeted is for the purchase of the Texas Parks (Uld Wildlife property for $450,000, which at some
point will come back to the LPEDC. The LPEDC will need to amend their budget to reflect the increase of
$231,520. The project should be complete by Christmas.
Action Required bv Council:
Recommend approval of awarding the Town Plaza constmction bid to CF Jordan for $1,989,520,
includil 50,000 contingency, for a total cost of $2,039,520 and approving a budget amendment of
$23 , 20 for the Town Plaza project.
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.E
April 14, 2009
CITY OF LA PORTE FIVE POINTS PLAZA
ADDENDUM NO.2
t~fP>Y
Total amounts bid for TOTAL BASE BID AMOUNT include all costs, commissions, overhead, permits,
and payments required and necessary for the complete work as specified.
INVe acknowledge receipt of the addenda listed below and the total bid price has been adjusted
accordingly.
Addendum # 1, Addendum # 1 - Part 2,
1.
2.
Addendum # 2 and Addendum # 3
In submitting the Bid, IIWe, do so with the understanding that all Contract Documents, Drawings,
Specifications and Addenda are completely understood and that there is no doubt as to the intent and
scope of the work to be accomplished.
If INVe are notified of the acceptance of this BID, IIW e will:
(a) Furnish Payment and Performance Bonds in accordance with approved forms, to be paid by
me/us for the proper completion of the work as specified and in the time allotted, the said bonds
to be issued for one hundred percent (100%) of the amount of the total contract sums. Said
Bonds shall conform to the laws of Texas.
(b) Furnish a contractual schedule satisfactory to owner immediately after written notice to proceed.
The undersigned acknowledges that the Contract entered into by and between the City and the Bidder
will be a "separated contract" under Sections 151.056(b) and 151.011(a) of the Texas Tax Code and
Com ptroller's Rule 3 T AC, Section 291, and the undersigned subm its the following amounts for use as
the separated contract amounts for use in the Contract if the undersigned is the successful Bidder:
$ 7{)~ OOb
____... ... _.lh~J:ic;~ 9th~QQ1,.E[Qfll,J0ill~iCllsJ10t In-Place and all other chErges:~____~~___ _.~$ I, 3/~ " () ~ f)
.
$ 2./ ~J 9" of)t)
.
The Price of In-place Materials to be incorporated into the Project:
1) TOTAL: (Must Aaree with TOTAL BID PRICE):
_ \ol\
~\ 11.1
~
ADDENDUM 2
BID PROPOSAL
Bidder's Initialss..lli.
April 14, 2009
CITY OF LA PORTE FIVE POINTS PLAZA
ADDENDUM NO.2
BID PROPOSAL
To: City of La Porte
2963 N. 23rd Street
La Porte, TX 77571
GENTLEMEN:
THE UNDERSIGNED BIDDER, having examined the plans, specifications, and other proposed Contract
Documents, and all Addenda thereto and being acquainted with the fully understanding:
(a) the extent and character of the work covered by this proposal;
(b) the location, arrangement, and specified requirements for the proposed work;
(c) the location, character, and condition of existing facilities, pavements, walks, driveways, gutters,
trees, and utilities, which may affect or be affected by the proposed work;
(d) the natural and extent of the work to be made, and the type, character and general condition of
materials to be excavated;
(e) the difficulties and hazards to the work which might be caused by bad weather;
(f) local conditions relative to labor, transportation, hauling an rail delivery facilities;
(g) all other factors and conditions affecting or which may be affected by the work.
WE HEREBY PROPOSE to furnish all required materials, supplies, equipment, tools, and to perform all
necessary labor and supervision; and to construct, install, erect, equip, and complete all work stipulated
in, required by, and in accordance with the contract documents and the plans, specifications, and other
documents referred to therein (as altered, amended, or modified by all addenda thereto) for and in
consideration of the following prices:
ADDENDUM 2
BID PROPOSAL
Bidder's Initials Jf\\{
April 14, 2009
CITY OF LA PORTE FIVE POINTS PLAZA
ADDENDUM NO.2
The undersigned also acknowledges that prior to execution of the Contract he will furnish "separated
contract" amounts for any Alternatives or Unit Prices accepted by the Owner.
It is agreed that, in the event the undersigned fails to enter into such contract and furnish such bonds
within the time and in the manner required, the bidder will forfeit to owner, as liquidated damages, t
bidder's bond, as provided in the specifications.
TIME OF COMPLETION
The Contractor shall begin work within ten (10) days after date of written authorization by the Owner's
RepresentaJjve. The work to be performed under this contract shall be substantially completed in
I ~ 0 calendar days plus any extended days allowed by the Owner's
Representative in accordance with the Specifications. For each calendar day that the work is not
substantially complete after the expiration of the time as calculated [ten (10) days from written
authorization plus Consecutive Calendar Days plus Extended Days] the sum of Five Hundred and 00/100
Dollars ($500.00) per calendar day will be deducted or to become due the Contractor, not as a penalty,
but as LIQUIDATED DAMAGES and added expense for supervision.
Having successfully examining the GENERAL CONDITIONS and the SUPPLEMENTARY CONDITIONS
and SPECIAL CONDITIONS, the Plans, the Specifications and Addenda thereto, as URS Corporation,
the Architect on this project, as well as the premises and all conditions affecting the Work, the
undersigned proposes to furnish all labor, materials and equipment necessary to achieve final completion
of the Work in accordance with the Contract Documents for the following sums:
As a supplement to the Lump Sum pricing the City of La Porte requests the following items priced as they
are units and sums that are part of your bid. These items will be used to evaluate the costs associated
with the lump sum pricinq and to qain an understandinq of your lump sum price.
Item Unit Unit cost Quantity Total
Lump Sum 5 2. ~ e E:f!:)~ II-- 1 5;Z.ooCJ
Bonds and Insurance .
Lump Sum ;)..0 1000,. ft 1 dO: 000
Mobilization
Excavation CY /) ~ 00 SBS- i4,u'zS"
if'
Concrete Textured N/A N/A N/A N/A
6 inch CY 3 r;o ro S-5~ 1.b~L os-a
~ch 1 O-inch - there is not CY '8~O co 30 1JJ, 3co -
Any 8-inch on the project N/A N/A N/A N/A
Select Fill Material CY I q ()() ~63 /11011
;2'0. 00 .31l0 biOOO
Stabilizing Sand CY
Street Curbing 7)00 755 d- J '2J.p f::
LF './
'5 00 Ba,;<() 0
Structural Steel Tons :2. 00.- :2~
, :5 ~ . iJ!.!? ,
Aluminum Cladding SF 1070 3 ~ i;1.~CJ
Plumbing 4" LF 48 CO 180 li74D
2" LF 'ZS- OD go '2,000
1" LF 31 (}t; 20 '1Lfo
Electrical Pricing LF '1. "!3 /1 tp~ /09ol./-o
,
13J30r
ADDENDUM 2
BID PROPOSAL
Bidder's Initials.Jf1l
April 14, 2009
CITY OF LA PORTE FIVE POINTS PLAZA
ADDENDUM NO.2
The undersigned also acknowledges that prior to execution of the Contract he will furnish "separated
contract" amounts for any Alternatives or Unit Prices accepted by the Owner.
It is agreed that, in the event the undersigned fails to enter into such contract and furnish such bonds
within the time and in the manner required, the bidder will forfeit to owner, as liquidated damages, t
bidder's bond, as provided in the specifications.
TIM E OF COM PLETION
The Contractor shall begin work within ten (10) days after date of written authorization by the Owner's
Representative. The work to be performed under this contract shall be substantially completed in
calendar days plus any extended days allowed by the Owner's
Representative in accordance with the Specifications. For each calendar day that the work is not
substantially complete after the expiration of the time as calculated [ten (10) days from written
authorization plus Consecutive Calendar Days plus Extended Days] the sum of Five Hundred and 00/100
Dollars ($500.00) per calendar day will be deducted or to become due the Contractor, not as a penalty,
but as LIQUIDATED DAMAGES and added expense for supervision.
Having successfully examining the GENERAL CONDITIONS and the SUPPLEMENTARY CONDITIONS
and SPECIAL CONDITIONS, the Plans, the Specifications and Addenda thereto, as URS Corporation,
the Architect on this project, as well as the premises and all conditions affecting the Work, the
undersigned proposes to furnish all labor, materials and equipment necessary to achieve final completion
of the Work in accordance with the Contract Documents for the following sums:
As a supplement to the Lump Sum pricing the City of La Porte requests the following items priced as they
are units and sums that are part of your bid. These items will be used to evaluate the costs associated
with the lump sum pricinq and to qain an understandinq of your lump sum price.
Item Unit Unit cost Quantity Total
N/A
1
1
tJ f) t1
Bonds and Insurance
Lump Sum
Mobilization
Lump Sum
~o
SJ5
Concrete Textured N/A N/A N/A
-----o-in-ch----------CY-------6-5/J-.!J!J2- - SJ' ~
() .9 '3 ~
NIA N/A
0/
Excavation
CY
~ch 1 O-inch - there is not
Any 8-inch on the project
CY
Select Fill Material
CY
Stabilizing Sand CY
Street Curbing LF
Structural Steel Tons
Aluminum Cladding SF
Plumbing 4"LF
2" LF
It.
1" LF
Electrical Pricing LF
4DDENDUM 2
BID PROPOSAL
Bidder's Initials..Jf1L
ADDENDUM NO.2
CITY OF LA PORTE FIVE POINTS PLAZA
Pole Lights 34
Lighting - Type P1 number
Up Lights 18
Lighting - Type U1 number
Down Lights
Lighting - Type D1 number
Tree Small ~
Lighting - Type D2 Li hts #
Neon Lighting LF I. .
Irrigation System 5, ~() 4,133
LF
;LB. ~ 65
Mulch CY
Perimeter Fence LF ~ 5'0
25
Metal Benches #
10
Trash receptacles #
1
Drinking Fountain #
1
Rectangular Fountain 1
Oblong fountain 1
1
Audio system
1
Wifi system Lump sum
2
IP cameras #
Pipe Bollards--- --- n_~___ --# - - 24
-~-_._- .-..--.
Tree Grates 10
#
Lightpole removal 3
#
Welcome Bench Concrete /5:
Broadway Gate ~ 1
()() .
Pavilion 75 ~f}O . !;P 1
1
South Gate ~O 1). Q.!- 1
1
April 14, 2009
ADDENDUM 2
BID PROPOSAL
Bidder's Initials.Jft\.,
April 14, 2009
CITY OF LA PORTE FIVE POINTS PLAZA
ADDENDUM NO.2
INVe agree and understand that Owner reserves the right to accept or reject any or all bids.
Company Name: C.F. Jordan, L.P
By:80g f~Jk:vv\ JavF. Nelson
Vice President
Title:
Address: 9801 Westheimer, Suite 320, Houston, TX 77042
Date: April 17 2009
Notary Seal:
,,\'\~V~:JI',
,:.":~~(.~"
f\~/~
\~;;oi,\\$$
j'/I,UU\\\\
JAMIE PATRICE HUFF
Notary Public, State of Texas
My Commission Expires
May 02, 2012
Date:
My Commission Expires: May 2,2012
ADDENDUM 2
BID PROPOSAL
Bidder's Initials .JfN
() Vl
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\
Safeco Insurance Co. of America
BID BOND
The American Institute of Architects,
A./.A. Document No. A-310 February, 1970 Edition
KNOW ALL MEN BY THESE PRESENTS,
That we, C.F. Jordan. LP as Principal, hereinafter called the Principal, and Safeco Insurance Co. of
America, a corporation duly organized under the laws of the State of Wash in at on, with its Home Office in
the City of Seattle, in the said State, as Surety, hereinafter called the Surety, are held and firmly bound unto
City of La Porte. Texas. 604 West Fairmont Parkway. La Porte. Texas 77571 as obligee, hereinafter
called the Obligee, in the sum of five percent of bid amount Dollars ($5% of bid amount), for the payment
of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for Five Points Town Plaza Proiect. 101 Broadwav.
La Porte. Texas 77571.
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter
into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as
may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful
performance of such Contract and for the prompt payment of labor and material furnished in the
prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond
or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between
the amount specified in said bid and such larger amount for which the Obligee may in good faith contract
with another party to perform the work covered by said bid, then this obligation shall be null and void,
otherwise to remain in force and effect.
Signed and-sealed this 17th -dayofADril-kD.~009.
C.F. Jordan, f ~I
~
V.?
(SEAL)
(Title)
Safeco Insurance Co. of America
~
'-'
(Witness)
Figure: 28 TAC ~1.601(a)(3)
1 IMPORTANT NOTICE
To obtain information or make a complaint:
2 You may contact Home Office Surety at
(206) 473-3799.
AVISO IMPORTANTE
Para obtener informacion 0 para someter una
queja:
Usted puede contactar a servicio de la oficina
principal de Safeco Surety al: 206-473-3799.
3 You may call (company)'s toll-free telephone Usted puede lIamar al numero de telefono
number for information or to make a complaint gratis de (company)'s para informacion 0 para
at: someter una queja al:
(800) 472-5357 Surety Option #7
4 You may also write to Safeco
Insurance Company at:
Safeco Plaza
Seattle, WA 98185-0001
5 You may contact the Texas Department of
Insurance to obtain information on companies,
coverages, rights or complaints at:
(800) 252-3439
6 You may write the Texas Department of
Insurance:
P.O. Box 149104
___ Austin,.TX 7:8114=91D4.
Fax: (512) 475-1771
Web: http://www.tdLstate.tx.us
E-mail: ConsumerProtection@tdi.state.tx.us
7 PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your
premium or about a claim you should contact the
(agent) (company) (agent or the company)
first. If the dispute is not resolved, you may
contact the Texas Department of Insurance.
8 ATTACH THIS NOTICE TO YOUR POLICY:
This notice is for information only and does not
become a part or condition of the attached
document.
(800) 472-5357 Surety Opci6n De #7
Usted tambien puede escribir a Safeco
Insurance Company:
Safeco Plaza
Seattle, WA 98185-0001
Puede comunicarse con el Departamento de
Seguros de Texas para obtener informacion
acerca de companias, coberturas, derechos 0
quejas al:
(800) 252-3439
Puede escribir al Departamento de Seguros de
Texas:
P.O. Box 149104
_ _ _Austin, JX i'87J4:-~lPA. .. _ _ __ __
Fax: (512) 475-1771
Web: http://www.tdLstate.tx.us
E-mail: ConsumerProtection@tdi.state.tx.us
DISPUTAS SOBRE PRIMAS 0 RECLAMOS:
Si tiene una disputa concerniente a su prima 0
a un reclamo, debe comunicarse con el
(agente) (Ia compania) (agente 0 la compania)
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.
~ Libert\-'
\Plt lVlutuaL
POWER
OF ATTORNEY
Sa1eco Insurance Compan y 01 AmeriClii
Generallnsuranoe Company of AmeriClii
1001 4th Avenue
Sui1e 1700
Seattle, WA 98154
No.
3219
KNOW ALL BY lHESE PRESENTS:
That SAFE CO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a
Washingten ca-poration, does each hereby appoint
...."*"-lC"'-,..,.x-*<<-,......x,x...<<..'*"'''.GEORGIANNE MilLIKEN; JOHN M. RINDTj EI Paso. Texas.........."""'''......H-lC.....--...'..BH''.'''....
its true md lawful attomey(s}-In-fact, with full authority to execute en its behalf fidelity and surety bonds a- underta<ings and olher
documents of a slmlla- character Issued in the course of Its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF
AMERICA have each executed and attested these presents
this
21 st
March
2009
day of
'Pt. P'l'11
.
\M~JL'
Dexter R. LeQQ, Secretary T1molhv A Mlkolalewskl, VIce Prealdent
CERTIACATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
md of GENERAL INSURANCE COMPANY OF AMERICA:
"Miele V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and my Assistmt Vice
President appointed for that purpose by the officer in cha-ge of surety cperatiorls, shall each have authority to appoint individuals as
attomeys-In-fact or under other appropriate titles with authority to execute on behalf of the company fidelity md surety bonds and
other documents 01 similar chanacter issued by the compmy in the course of Its business.. On my instrument making a- evidendng
such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority a- on a'ly bond or
underta<ing of the company, the seal. a- a facsimile thereof, may be impressed or affixed or in any other manner reprodUCed;
provided, however, that the seal shall not be necessary to the validity of any such instrument or underta<ing."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
a'ld of GENERAL INSURANCE COMPANY OF AMERlCAadc.pted July 28, 1970.
"On eny.certificate executed by the Secretary or an assistmt secreta-y of theClXTlpany l>6t1ilJg out,
(I) The provisions at Artlde V, Section 13 of the By-Lavvs, and
(if) A copy of the power-of-al1cmey ~pointment, executed pursuant thereto, and
(iii) Certifying that said power-at-attomey ~pointment is In full force and effect,
the signature at the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, Dexter R. Legg Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY
OF AMERICA, do hereby certify 111 at the foregoing extracts of the By-Laws and at a Resolution of the Boa-d of Directa-s of these
corporations, md of a Power 01 Attomey issued pursuant thereto, ae true a1d corred, and tha1 both the 8y-LawlS, the Resolution and the
Power at Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto &et my hand and affixed the facsimile &eal of said corporation
this
17th
day of
April
2009
1M. ~'l'11
Dexter R. Legg, Seaetary
5-0974105 3109
WEB PDF
EJCDC
SUGGESTED FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR FOR
CONSTRUCTION CONTRACT(STIPULA TED PRICE)
THIS AGREEMENT is by and between
Citv of LaPorte
(Owners) and
C.F. Jordan, L.P.
(Contractor).
Owner and Contractor, in consideration of the mutual covenants set forth herein, agree as follows:
ARTICLE 1 - WORK
1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally
described as follows:
Five Points Plaza is located at East Main Street, South Broadway, and East A Street. San Jacinto Street will
abandoned by the City
Construction of all paving, landscaping improvements, hardscape, furniture, trash receptacles, all lighting, irrigation
system, and architectural features,( Pavilion, Broadway Gate, South Gate and the welcome concrete bench) for Five
Points Plaza. Work at Five Points Plaza will also consist of new street curbs, street markings, storm sewer work, water
lines, electrical power main feed and branches, wifi system, audio system, and IP cameras.
ARTICLE 2 - THE PROJECT
2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described
as follows:
Construction Plans for Five Points Plaza a park for the City of LaPorte Texas
ARTICLE 3 - ENGINEER
1.0lThe Project has been designed by:
URS Corporation
9801 Westheimer, 101
Houston, Texas 77042
(Engineer), who is to act as Owner's representative, assume all duties and responsibilities, and have the rights and authority
assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the
Contract Documents.
ARTICLE 4 - CONTRACT TIMES
4.01 Time is of the Essence
Contract Duration is 180 Calendar Days.
EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price)
Copyright 8 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00520-1
A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated
in the Contract Documents are of the essence of the Contract.
4.02 Dates for Substantial Completion and Final Payment
A. The Work will be substantially completed on or before
and completed and ready for final payment in Paragraph 14.07
December 4, 2009
of the General Conditions on or before J anuarv 4, 2009.
4.03 Liquidated Damages
A. Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will suffer [mancialloss
if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in
accordance with Article 12 of the General Conditions. The parties 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 $500.00 for each day that expires after the time specified in Paragraph 4.02 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 $ 500.00 for each day that expires after the time specified in Paragraph 4.02 for completion and
readiness for [mal payment until the Work is completed and ready for final payment.
ARTICLE 5 - CONTRACT PRICE
5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents a amount in
current funds equal to the sum of the amounts determined pursuant to Paragraphs 5.0I.A, 5.0I.B, and 5.01.C below:
A. For all Work other than Unit Price Work, a Lump Sum of:
($ 1.989.520.00
(numerals)
One Million Nine Hundred Eighty Nine Thousand Five Hundred Twenty Dollars and nolI OO's
(words)
All specific cash allowances are included in the above price and have been computed in accordance with paragraph
11.02 of the General Conditions.
B. For all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of
Unit Price Work times the estimated quantity of that item as indicated in this paragraph 5.0I.B:
EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price)
Copyright 8 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00520-2
As provided in Paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations
of actual quantities and classifications are to be made by Engineer as provided in Paragraph 9.07 of the General Conditions.
Unit prices have been computed as provided in Paragraph 11.03 of the General Conditions.
ARTICLE 6 - PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions.
Applications for Payment will be processed by Engineer as provided in the General Conditions.
6.02 Progress Payments; Retainage
A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for
Payment on or about the 30th day of each month during performance of the Work as provided in Paragraphs 6.02.A.l
and 6.02.A.2 below. All such payments will be measured by the schedule of values established as provided in Paragraph
2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the
event there is no schedule of values, as provided in the General Requirements:
EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price)
Copyright 8 2002 National Society of Professional Engineers for EJCOC. All rights reserved.
00520-3
1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated
below but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine
or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the
General Conditions:
a. 95% oercent of Work completed (with the balance being retainage). lfthe Work has been 50 percent
completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to
Owner and Engineer, Owner, on recommendation of Engineer, may determine that as long as the character
and progress of the Work remain satisfactory to them, there will be no additional retainage; and
b. 95% percent of cost of materials and equipment not incorporated in the Work (with the balance being
retainage).
2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to
95% percent of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph
l4.02.B.5 of the General Conditions and less 2- percent of Engineer's estimate of the value of Work to be completed or
corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial
Completion.
6.03 Final Payment
A. Upon [mal completion and acceptance of the Work in accordance with Paragraph 14.07 of the General Conditions,
Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07.
ARTICLE 7 - INTEREST
7.01All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate of
0% percent per annum.
ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS
8.01 In order to induce Owner to enter into this Agreement Contractor makes the following representations:
A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the
Bidding Documents.
B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions
that may affect cost, progress, and performance of the Work.
C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost,
progress, and performance of the Work.
D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to
the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to
the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in
Paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at
the Site which has been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions.
E. Contractor has obtained and carefully studied (or assumes responsibility for doing so) all examinations, investigations,
explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous
to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods,
techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods,
techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions
and programs incident thereto.
I::JCDC C-52U Suggested i'orm of Agreement Between Owner and Contractor for ConstructIon Contract (StIpulated Price)
Copyright B 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00520-4
F. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are
necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other
terms and conditions of the Contract Documents.
G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the
Work as indicated in the Contract Documents.
H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to
the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations,
explorations, tests, studies, and data with the Contract Documents.
I. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has
discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.
J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for
performance and furnishing of the Work.
ARTICLE 9 - CONTRACT DOCUMENTS
9.01 Contents
A. The Contract Documents consist of the following:
1. This Agreement (pages -1- to --L..inc1usive).
2. Performance bond (pages
, inclusive).
to 4
3. Payment bond (pages -L to 2
, inclusive).
4. Other bonds (pages
te _, incllisive).
a. _(pages _to _, inclusi'/e).
b. _(pages _to _, inclusive).
e. _(pages _to _, inclusive).
5. General Conditions (pages.....!.... to 41 , inclusive).
6. Supplementary Conditions (pages 1
to 8 , inclusive).
7. Specifications as listed in the table of contents of the Project Manual:
8. Drawings consisting of the Drawings listed on attached sheet index:
9. Addenda (numbers 1 to 3 . inclusive).
10. Exhibits to this Agreement (enumerated as follows):
a. Contractor's Bid, including unit prices (pages -L to 10
, inclusive).
b. List of Drawings
c. Specifications
EJCUC C-52U Suggested I<orm of Agreement Between Owner and Contractor for ConstructIOn Contract (StIpulated Price)
Copyright 8 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00520-5
d. Contractor's Standard Form Subcontract
11. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not
attached hereto:
a. Notice to Proceed (pages _ to _, inclusive).
b. Work Change Directives.
c. Change Order(s).
d. Performance and Payment Bonds.
B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above).
C. There are no Contract Documents other than those listed above in this Article 9.
D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the
General Conditions.
ARTICLE 10 - MISCELLANEOUS
1O.oJ Terms
A. Terms used m this Agreement will have the meanmgs stated in the General Conditions and the Supplementary
Conditions.
10.02 Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto
without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become
due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction
may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment
will release or discharge the assignor from any duty or responsibility under the Contract Documents.
10.03 Successors and Assigns
A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party
hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations
contained in the Contract Documents.
10.04 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be
deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree
that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable
provision that comes as close as possible to expressing the intention of the stricken provision.
10.05 Other Provisions
IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in duplicate. One counterpart each has been
delivered to Owner and Contractor. All portions of the Contract Documents have been signed or identified by Owner and
Contractor or on their behalf.
EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price)
Copyright 8 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00520-6
This Agreement will be effective on Mav 11. 2009
(which is the Effective Date of the Agreement).
OWNERS:
CONTRACTOR:
City of LaPorte, Texas
C.F. Jordan, L.P.
By:
By:
Title:
~f~
Title: Vice President
Jay F. Nelson
Attest:
Jamie Huff
Title:
Title:
----Wi!- w. (a I (mOM Ptl(k~f
La f atJi ~ ~-r1Sl)
I
Address for giving notices:
9801 Westheimer, Suite 320
Houston, TX 77042
PH: 832-615-1270 FAX: 832-615-1271
License No.:
-tl~ r tfL
/lJ"Slrr. c IrY tfrry.
l w nere apphcaole)
Agent for service or process:
~
"....;.':c.":" ... - . ~'~';':';"c:i1'l
.,.;~~ JAMIE PATRICE tW:;
.;'.<i i Notary Publi~. ~tate ot Texl!Is .
.'\:~~I My CommIssion Expires .
":,~\\\,, May 02, 2012
':'.-""" -~ "~.~bt,:;;~.~.
EJCBC C S!B SU66'-.3kd FUIII) vf )..61 "'''"u....ul 8",ln ",,",AI 8nll"'. "lid C"u..l. "",LVI fVI CVIl03l. u...l:vn Cvull"''''( {Sl:pulQ.l",d FI:"-"'}
Copyright 8 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00520-7
CITY of LA PORTE FIVE POINTS TOWN PLAZA
LIST OF CONTRACT DOCUMENTS - SPECIFICATIONS
I Division Section Title
PROCUREMENT AND CONTRACTING DOCUMENTS GROUP
DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS (OWNER PROVIDED)
005200 CONTRACT AGREEMENT Addendum No.1
006000 BID PROPOSAL FORMS Addendum No.2
007000 GENERAL CONDITIONS
008000 SUPPLEMENRARY CONDITIONS Addendum No.1
SPECIFICATIONS GROUP
General Requirements Subgroup
DIVISION 01 - GENERAL REQUIREMENTS
01 1000 SUMMARY
01 3100 PROJECT MANAGEMENT AND COORDINATION
01 3200 CONSTRUCTION PROGRESS DOCUMENTATION
01 3300 SUBMITTAL PROCEDURES
014000 QUALITY REQUIREMENTS
01 5000 TEMPORARY FACILITIES AND CONTROLS
016000 PRODUCT REQUIREMENTS
01 7300 EXECUTION
01 7700 CLOSEOUT PROCEDURES
01 7839 PROJECT RECORD DOCUMENTS
Facility Construction Subgroup
DIVISION 02 - EXISTING CONDITIONS
020100 GEOTECHNICAL INVESTIGATION
02 2000 TRENCHING, EXCAVATION, AND BACKFILL
024119 SELECTIVE STRUCTURE DEMOLITION
Addendum No. 1
DIVISION 03 - CONCRETE
03 3000 CAST -IN-PLACE CONCRETE
DIVISION 04 - MASONRY
04 2000 UNIT MASONRY
042300 GLASS UNIT MASONRY
DIVISION 05 - METALS
05 4000 COLD-FORMED METAL FRAMING
Page 1 of2
CITY of LA PORTE FIVE POINTS TOWN PLAZA
LIST OF CONTRACT DOCUMENTS - SPECIFICATIONS
I Division Section Title
057300 DECORATIVE METAL RAILINGS
051200 STRUCTURAL STEEL
DIVISION 06 - WOOD, PLASTICS, AND COMPOSITES
061053 MISCELLANEOUS ROUGH CARPENTRY
DIVISION 07 - THERMAL AND MOISTURE PROTECTION
071416 COLD FLUID-APPLIED WATERPROOFING
07 4243 COMPOSITE WALL PANELS
07 5423 THERMOPLASTIC POL YOLEFIN (TPO) ROOFING
07 6200 SHEET METAL FLASHING AND TRIM
077100 ROOF SPECIALTIES
DIVISION 08 - OPENINGS
08 1113 HOLLOW METAL DOORS AND FRAMES
DIVISION 09 - FINISHES
09 2400 PORTLAND CEMENT PLASTERING
099600 HIGH-PERFORMANCE COATINGS
Facility Services Subgroup
DIVISION 22 - PLUMBING
22 1113 FACILITY WATER DISTRIBUTION PIPING
DIVISION 26 - ELECTRICAL
260100 BASIC ELECTRICAL
260200 TRANSIENT VOLTAGE SURGE SUPPRESSORS
Addendum No.2
DIVISION 27 - COMMUNICATIONS
270100 GENERAL COMMUNICATIONS
Addendum No. 1
Site and Infrastructure Subgroup
DIVISION 31- EARTHWORK
311000 SITE CLEARING
31 2000 EARTH MOVING
31 6329 DRILLED CONCRETE PIERS AND SHAFTS
Addendum No.2
DIVISION 32 - EXTERIOR IMPROVEMENTS
321316 DECORATIVE CONCRETE PAVING
32 1373 CONCRETE PAVING JOINT SEALANTS
328400 PLANTING IRRIGATION
32 9200 TURF AND GRASSES
32 9300 PLANTS
Addendum No.2
Addendum No.1 - Dated: April 2, 2009
Addendum No.1 - Part 2 - Dated: April 8, 2009
Addendum No.2 - Dated: April 14, 2009
Addendum No.3 - Dated: April 15, 2009
Page 2 of2
CITY OF LA PORTE Five Points Town Plaza
List of Contract Drawings - Plans
Sheet Number Description Issue Date Addendum Revision
COVER COVER/INDEX OF DRAWINGS 04-14-09 2
ARCH ITECTU RAL N/A
A2-01 SOUTH GATE PLANS 03-17-09 N/A
A2-11 PAVILION FLOOR PLAN 03-17-09 N/A
A2-21 BROADWAY GATE PLAN 04-14-09 2
A2-31 WELCOME BENCH DETAIL 04-14-09 2
A2-32 FENCE DETAILS 04-14-09 2
A3-01 SOUTH GATE ELEVATIONS AND SECTIONS 03-17-09 N/A
A3-11 PAVILION ELEVATIONS 03-17-09 N/A
A3-21 BROADWAY GATE ELEVATIONS 04-14-09 2
A4-01 SOUTH GATE WALL SECTIONS AND DETAILS 04-14-09 2
A4-02 SOUTH GATE WALL SECTIONS AND DETAILS 03-17-09 N/A
A4-03 SOUTH GATE SECTIONS AND DETAILS 03-17-09 N/A
A4-11 PAVILION WALL SECTIONS AND DETAILS 04-14-09 2
A4-12 PAVILION WALL SECTIONS AND DETAILS 03-17-09 N/A
A4-21 BROADWAY GATE DETAILS 04-14-09 2
CIVIL
Cl-01 GENERAL NOTES 03-17-09 N/A
C2-01 SU RVEY 03-17-09 N/A
C3-01 GRADING AND STORM SEWER PLAN 04-14-09 2
C4-01 DRAINAGE PLAN 04-02-09 1
C4-02 DRAINAGE TABLE 03-17-09 N/A
C5-01 DRAINAGE DETAILS 03-17-09 N/A
C5-02 GENERAL DETAILS 03-17-09 N/A
C6-0 1 WATER SUPPLY PLAN 04-02-09 1
LANDSCAPE
L1-01 SITE DEVELOPMENT PLAN 03-17-09 N/A
L1-02 PLANTING PLAN 03-17-09 N/A
Ll-03 PAVING PLAN 03-17-09 N/A
L1-04 DETAILS SHEET 03-17-09 N/A
L1-05 DETAILS SHEET 03-17-09 N/A
L2-01 LANDSCAPE IRRIGATION PLAN 03-06-09 N/A
L2-02 LANDSCAPE IRRIGATION DETAILS 03-06-09 N/A
STRUCTURAL
Sl-00 STRUCTURAL GENERAL NOTES 03-17-09 N/A
Sl-01 SOUTH GATE STRUCTURAL PLAN 03-17-09 N/A
Sl-02 SOUTH GATE FRAMING PLAN 03-17-09 N/A
Sl-11 PAVILION FOUNDATION LAYOUT 03-17-09 N/A
Sl-12 PAVILION STRUCTURAL FRAMING PLAN 03-17-09 N/A
Sl-13 PAVILION STRUCTURAL SECTIONS 03-17-09 N/A
Sl-21 BROADWAY GATE STRUCTURAL 04-14-09 2
S2-01 SOUTH GATE FRAMING ELEVATION 03-17-09 N/A
S2-02 SOUTH GATE FRAMING ELEVATION 03-17-09 N/A
S3-01 STRUCTURAL DETAILS 03-17-09 N/A
ELECTRICAL
El-01 ELECTRICAL PLAN - CONDUIT/CIRCUIT LOCATIONS 04-14-09 2
Page 1 of 2
CITY OF LA PORTE Five Points Town Plaza
list of Contract Drawings - Plans
Sheet Number Description Issue Date Addendum Revision
E1-02 ELECTRICAL PLAN - CONDUIT/CIRCUIT LOCATIONS 03-23-09 N/A
E2-01 ELECTRICAL ONE-LINE DIAGRAM 03-23-09 N/A
E2-02 LIGHTING SCHEDULES 04-14-09 2
E2-03 ELECTRICAL PANEL SCHEDULES 04-14-09 2
E3-01 NEON LIGHTING LOCATION PLAN 04-14-09 2
E3-02 NEON & RECEPTACLE LOCATION PLAN 04-14-09 2
E3-03 NEON LIGHTING LOCATION PLAN 03-23-09 N/A
TRAFFIC
T-GN01 GENERAL NOTES 03-16-09 N/A
T-GN02 GENERAL NOTES 03-16-09 N/A
T-DM01 DEMOLITION PLAN 03-16-09 N/A
T-PP01 CURB LINE - PLAN AND PROFILE 03-16-09 N/A
T-PP02 CURB LINE - PLAN AND PROFILE 03-16-09 N/A
T-SPM1 SIGNING AND PAVEMENT MARKING 03-16-09 N/A
T-DET1 DETAILS 03-16-09 N/A
AUDIO/VISUAL
AV-01 AV INFRASTRUCTURE SITE PLAN 04-02-09 1
AV-02 AV PLAN SPEAKER COVERAGE 04-02-09 1
AV-03 AV PLAN ENLARGEMENTS 04-02-09 1
AV-04 AV PLAN DETAILS 04-02-09 1
AV-05 AV SIGNAL SCHEMATICS 04-02-09 1
ADDENDA'S
ADDENDUM NUMBER 1 04-02-09
ADDENDUM NUMBER 1- PART 2 04-08-09
ADDENDUM NUMBER 2 04-14-09
ADDENDUM NUMBER 3 04-15-09
Page 2 of 2
Bond #6459723
PAYMENT BOND
BID #09014
STATE OF TEXAS
COUNTY OF HARRIS
KNOW ALL MEN BY THESE PRESENTS: That C.F. Jordan, L.P. of the
City of EI Paso County of EI Paso , and State of Texas , as
principal, and Safeco Insurance Co. of America 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 of one million nine hundred eighty nine thousand five hundred twenty dollars
($1,989,520.00) 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 entered into a certain written contract with the
Owner, dated the 11th day of May , 2009, to which contract is hereby
referred to and made apart hereof as fully and 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 pay all claimants "supplying labor and material to him or a
subcontractor in the pros"e"cLJtion 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."
SUJ:ety.. 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 extensiono"f time, -aJieratipD or additibntcUhetermsofthe contract; orto
the work to be performed thereunder.
PAYMENT BOND
BID #09014
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed
this instrument this 14th day of Mav , 2009.
By:
C.F. Jordan, L.P.
Principal
JA\1 t ~~
~.f~~
CleD! We&t-nci1Y1t( sJt,'?Jlh
~+On,T~ 1"1bLtu
Safeco Insurance Co. of America
Surety
Title
By:
Title:
Address: P.O. Box 981021
EI Paso, Texas 79998-1021
Address:
The name C(fld address onhf::l ResiDent Agent of Surety is:
JDW Insurance
P.O. Box 981021
EI Paso, Texas 79998-1021
Bond #6459723
PERFORMANCE BOND
BID #09014
STATE OF TEXAS
COUNTY OF Harris
KNOW ALL MEN BY THESE PRESENTS: That C.F. Jordan, L.P. of the
City of EI Paso County of EI Paso, and State of Texas , as principal,
and Safeco Insurance Co. of America 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), inthe penal sum of one million nine hundred eighty nine thousand five hundred twenty dollars
($1,989,520.00) 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 entered into a certain written contract with the
Owner, dated the ~ day of May , 2009, to which contract is hereby referred to
and made apart hereof as fully and to the same extent as if copied at length herein.
NOW; THEREFORE, THE GONDITIONOFTHISOBLlGATION IS SUCH, that if
the said Principal shall faithfully perform said Contract and shall in all respects duly and
faithfully observe 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 intent 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;
"PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions
of Vernon's I exas (Jades Annotated. Texas Government CuLle. Gha~ter 2253, 0.::;
amended and all liabilities on this bond shall be determined in accordance with the
p rovislons of said Articletothe"'Same"extent 'asif itwere 'copied at length he rein;"
Surety, for value reoeived, 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 or addition to the terms of the contract, or to the
work to be performed thereunder.
PERFORMANCE BOND
BID #09014
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed
this instrument this 14th day of May, 2009.
C.F. Jordan, L.P.
Principal
JA\/ r N eLf;ON
Safeco Insurance Co. of America
Surety
~~e ~f ~ js,u\
.
Address: g~l ~\fe~tnt\ mer s+t.1flD Address:
BOUJstuY1. 'f't -11DLt.u
By:
Title:
P.O. Box 981021
EI Paso, Texas 79998-1021
The name and addressontJ~ Resident Agent of Surety is:
JDW Insurance
P.O. Box 981021
EI Paso, Texas 79998-1021
Figure: 28 TAC ~1.601(a)(3)
1 IMPORTANT NOTICE
To obtain information or make a complaint:
2 You may contact Home Office Surety at
(206) 473-3799.
AVISO IMPORTANTE
Para obtener informacion 0 para someter una
queja:
Usted puede contactar a servicio de la oficina
principal de Safeco Surety al: 206-473-3799.
3 You may call (company)'s toll-free telephone Usted puede lIamar al numero de telefono
number for information or to make a complaint gratis de (company)'s para informacion 0 para
at: someter una queja al:
(800) 472-5357 Surety Option #7
4 You may also write to Safeco
Insurance Company at:
Safeco Plaza
Seattle, WA 98185-0001
5 You may contact the Texas Department of
Insurance to obtain information on companies,
coverages, rights or complaints at:
(800) 252-3439
6 You may write the Texas Department of
Insurance:
P.O. Box 149104
Austin, TX 78714-9104
Fax: (512) 475-1771
Web: http://www.tdi.state.tx.us
E-mail: ConsumerProtection@tdi.state.tx.us
7 PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your
premium or about a claim you should contact the
(agent) (company) (agent or the company)
first. If the dispute is not resolved, you may
contact the Texas Department of Insurance.
8 ATTACH THIS NOTICE TO YOUR POLICY:
This notice is for information only and does not
become a part or condition of the attached
document.
(800) 472-5357 Surety Opci6n De #7
Usted tambien puede escribir a Safeco
Insurance Company:
Safeco Plaza
Seattle, WA 98185-0001
Puede comunicarse con el Departamento de
Seguros de Texas para obtener informacion
acerca de companias, coberturas, derechos 0
quejas al:
(800) 252-3439
Puede escribir al Departamento de Seguros de
Texas:
P.O. Box 149104
Austin, TX 78714-9104
Fa~ (512)475-1771
Web: http://www.tdi.state.tx.us
E-mail: ConsumerProtection@tdi.state.tx.us
DISPUTAS SOBRE PRIMAS 0 RECLAMOS:
Si tiene una disputa concerniente a su prima 0
a un reclamo, debe comunicarse con el
(agente) (Ia compania) (agente 0 la compania)
primero. 5i 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.
PRODUCIR .
AGD Risk seoo ees southwest I
Da 11 as TX 0ff1 ce
Cityplace Center East
2711 North Haskell Avenue
Sui te 800
Dallas TX 75204 USA
P80MZ. 214 989-0000
UCSVBIJ)
C. F. Jordan, LP
7700 C. F. Jordan Drive
El Paso TX 79912 USA
Inc.
DATE D YV)
OS/20/09
11115 CEmFlCATE IS ISSVED ASA MA1TER OF INFORMADON O"''LY
AND CONIERS NO RIGHTS UPON THE CER11F1CA TE HOLDER. nus
CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE
COVERAGE AWaRDED BY l1JE POUcn:s BELOW.
INSURERS AFFORDING COVERAGE
ACORD.
~ti~t~1Eiill-t~B~m~~?~rliifl@~I~~ti~~}{~~i~
rAX. 214 989-2530
1N5UUJlA:
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Travelers property cas Co of America
charter oak Fire Ins co
EVerest National Insurance Co
Allied world Assurance COmpany (us) Inc
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PSlTAIN.nm INSUItANCS AFFORDED Bynm POLICIES DESClU81lD HEREIN IS SUBJECT 10 ALL 1HE laUdS. EXCLUSIONS AND CONDITIONS OF SUCH POUCIES.
AaOREGATE LIMITS SHOWN MAY HAVE: BEEN REDUCED DY PAID Q.AIMS. UMfTS SHOWN AREAS REQUESTED
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aTY OF LA PORTE
ATTN: Mark Huber
604 west Fa i r8lOnt Parkway
La Porte TX 77571 USA
SIfOtll.IlltN'f Cf THEAIlClYIl D8SCIUIlI!D POUCII!S ac.",a!U.I!D IIEfOIII! TIlE ElCPSIVo'l1ON
DAn! 'IHIIUOF, TIE ISSUING COMPANYWIIL I!NDIlAVOIl TO MA/L
30 DAYS WRJn1IN to'Ol1C&TOTIlE CIlImFJCATEHOLl)D NAMllD 10 THIl LllFT.
Bur FAILtJIlII TO DO so SHALLIMP051l NO OILlGAlUlH ClIl. UABILITY
OF ANVICIND UPCNTIlE COJoG'ANV. m AOINI'S OUJIPIlESENrAnY&S.
AU11IOlI2I!D lIEPUSENTA11\IE
$1.000,000 -
$1,000,000 I
$1,000,000 iii
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B.L. DISEA5&I'OUCY LIMIT
IU.. DlSEASS-EA &IolI'tO\'6e
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Dl!SCJUPTImI OF OPEltATIONSILOCAnCll'CSlVElllC1EONS -'DDI!O BY I!HDOltSDCIIH1'lSPECJALPROVlSIONS
RE: Five points Town plaza, 101 BroadwaYt La Porte TXI joblO9014 ; where required by Wl"itten contract or
agref!lllent, the City of La Porte, and Eng1neer and 'the,r respec:'tive officers, direc1:ors partners employees
agents and consultants are an additional insured, on a primary basis, for general liabhi~, autOmobile 11abili1:y
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POWER
OF ATTORNEY
Sa1eco Insurance Company 01 America
General Insuranoe Company 01 America
1001 41h Avenue
Su ite 1700
Saattie, WA 98154
KNOW AU. BY THESE PRESENTS:
Thai SAFECO INSURMlCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a
Washington corporalion, does each hereby appoint
"""~",,,,'x**x'*""""-"*"""-GEORGIANNE MilLIKEN; JOHN M. RINDT; EI Paso, Texas.""--......-..-....***--*""......
No.
3219
its true and lawful attorney(s)-in-fact, with full authority to exeoute on its behaf fidelity and surely bonds or undertakings and other
documents of a similar character issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPMlY OF AMERICA and GENERAL INSURANCE COMPANY OF
AMERICA have each executed and attested these presents
this
21 st
March
2009
day of
~1lr P. Jt11
.
1Af'y~JL
Dexter R. Leilil. Secretary TImothy A. Mlkolilllewskl, Vice President
CERTIRCATE
Extract from the By-Laws of SAFECO INSURMlCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice
President appointed for that purpose by the officer in charge of surety operations, shal each have authority to appoint individuals as
attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and
other doouments of simila- character issued by the company in the course of its business.. On any instrument making or evidencing
such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on my bond or
undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced;
provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking."
Extract from a RescMion of the Board of Directors of SAFECO INSURMlCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On my.certificate exeouted by the Secretary or an assistant secretary of the Company setting out,
(I) The provisions of Artide V, Section 13 of the By-Laws, and
(ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and
(i1i) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, Dexter R. Legg Secretary of SAFECO INSURMlCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY
OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a ResolutiCfl of the Board of Directors of these
corporations, and of a Power of Attorney issued pursuan1there1o, ae lrue and oorrect, and tha1 bo1h the By-Laws, 1he Resolution and the
Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this
14th
day of
May
2009
~1lr P.Jt11
Dexter R. Legg, Seaetary
8-0974/08 3109
WEB PDF
AttachmeDt to ACORD Certificate for c. F. Jordan, lP
The tenDS, conditions and provisions noted below are hereby attaChed to the captioned certificate as additional description of the coverage
afforded by the jnsurcr(s). This al1aChmcnt docs not contain all terms. conditions, coverages or exclusions contained in the policy.
INSURER.
DlSUIlED
C. F. Jordan, LP
1700 C. F. Jordan Drive
El Paso TX 19912 USA
INSURER
INSURER
ADDmONAL POUCIES
INSURER
INSURER
If a policy below does not include limit information, refer to Ihc corresponding policy on Ihe ACORD
certificate form for policy limits.
l'OIJCY J'OUCY
lNSR 'lYPE 0. INSIlIWlCE POUCY NUMBER un:cnv& EXPl8A11Ol'I UMI1S
L'I'1t I'OUCY DE$CRIJ"lION DATE DATE
EXCESS LIABILITY
0 1ST00510002 05/01/09 05/0l/10 ~lJregate
IEXCESS LIABILITY SlOM XS 510,000,000
Eac:h
~C:CIlrrence SlO,ooo,OOO
DEScaJl'I1ON a1 Ol'IiRA'J'IClHS/I.OCATlONSlYEHlaJlSlEXCWSlONS ADD2D BY I!NIlORSDfIlNI'AL PROVISIONS
and excess liabilit;y. ~1ver of subrogation in favor or the ci~ of La Por'te and Engineer and their
respec'Cive officers, d, rectors , partners, employees, agents and consultants for all coverages certified.
Certificate No :
570034479982