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HomeMy WebLinkAbout06-11-1991 Meeting• • LA FORTE AREA WATER AUTHORITY MINUTES JUNE 11, 1991 1. The meeting was called to order at 6:22 P.M. by President Jerry Bramlett. MEMBERS PRESENT: President Jerry Bramlett, Secretary- Treasurer Al Fields, Member Bob Blackwell MEMBERS ABSENT: Vice President Mike Wadsworth OTHERS PRESENT: Mayor James Neal, City of Shoreacres; John Joerns, Assistant City Manager; Steve Gillett, Director of Public Works; Buddy Jacobs, Assistant Director of Public Works 2. The minutes from the March 12, 1991 regular meeting were read. Motion was made by Secretary Al Fields and seconded by Member Bob Blackwell to approve the minutes as presented. Motion was unanimous. 3. Catch-up payment to the City of Houston for $102,948.58 for the quarter January-March 1991 was discussed. The plant is substantially complete; start-up change orders can be expected; however, the projected cost is expected to be under budget. They are more than a year behind schedule in completion. Houston and the contractor are in negotiations regarding liquidated damages. Al Fields made motion to pay the invoice, seconded by Bob Blackwell. Motion was unanimous. 4. Final payment to Espey, Huston & Associates in the amount of $3,439.82 was discussed. Steve Gillett stated this amount will close out the contract administration portion of the contract. Approval was recommended since they have had the substantial completion inspection and have processed the final change order. Motion was made by Al Fields and seconded by Bob Blackwell to pay this invoice. Motion was unanimous. 5. Change Order #4 to Mercer Construction for a net increase in the contract amount of $39.662.00, subject to approval by the Water Development Board, was discussed by Steve Gillett and John Joerns. Steve Gillett went over each item of the change order and answered questions from the Board. This would finalize this contract. The increases were for a number of reasons: delay charges due to late completion of the Southeast Water Purification Plant; the requirement that • • LA PORTE AREA WATER AUTHORITY BOARD MEETING MINUTES PAGE 2 Mercer extend its insurance and warranties; extra work on the automatic alarm dialer; the need for customer access to the system; and additional flushing and disinfection when the plant was out of service. Motion was made by Bob Blackwell, seconded by Al Fields, and was unanimously approved to pay the Change Order #4, subject to approval by the Texas Water Development Board. 6. Final payment to Mercer Construction in the amount of $133,458 was discussed by Steve Gillett. He indicated the amount of Change Order #4 and retainage is included in this payment. A punch list was generated by the substantial completion inspection. Most of these items have been completed; some software problems continue, but will be covered under the warranty. The Texas Water Development Board is exptected to take some time to approve this invoice, which will allow time to get a final checklist completed, and for training. Steve Gillett stated staff recommended payment of this invoice subject to final inspection and approval by the Texas Water Development Board. Motion was made by Bob Blackwell and seconded by Al Fields for approval, and motion was unanimous. 7. The La Porte Area Water Authority Budget for FY91-92 was discussed. John Joerns went over each line item; Jeff Litchfield discussed the debt service items. 8. Motion was made by Al Fields and seconded by Bob Blackwell to approve the budget for FY91-92, subject to approval by the La Porte City Council. Motion was unanimous. 9. John Joerns gave the General Manager's report. The accounting policies and procedures statement was provided and discussed. The Board was advised concerning the Morgan's Point contract for sale of water, which was reviewed and approved by the bond attorney. 10. There being no further business, Member Bob Blackwell made motion to adjourn, seconded by Secretary Al Fields. Motion was unanimous and the meeting was adjourned at 6:50 P.M. Al Fields, Secretary-Treasurer • LA FORTE AREA WATER AUTHORITY BOARD MEETING MINUTES PAGE 3 PASSED AND APPROVED: ON TH I S DAY ~ G,T'd ~ ~ , 19 `i • ;~.;vv~~ ~~1 Jerr B tt, President yr ~s • ~.II1~111~E1E1® ~~EA\~EIE~ ~~I®~IL~~EY A~~ ~~IfA1~1~I~~E~' ~®I~IIII~AI~J1Y ~a~,.~, ,~,.d (A Stock Company) No29_-0.170_-1.0420-91-1 KNOW ALL MEN BY THESE PRESENTS: That we_ __________________RODNEY__ ETCHBERGER - ---------------------------------------------- ---- - as Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation duly incorporated under the laws of the State of Maryland, as Surety, are held and firmly bound unto _________________________ LA__ PORTE___AREA__WATER__ AUTHORITY_______-__________ ------------------------------------------------------------ Obligee, in the sum of $___5_00.0_._00--_---___ for the payment of which we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal was appointed to the board of La Porte Area Water Authority. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal _______________________________________________ ----------------------------------RO~N.EY__-ETCHB.ERG.ER----------------------------------------------------------------------- shall well and faithfully perform all the duties of his office, then this obligation to be void, otherwise to remain in full force and effect. IT IS UNDERSTOOD AND AGREED, and this bond is given and accepted on the condition that the Surety shall in no way be held liable for any loss, costs, damages or expenses of any kind caused by the failure of any Bank, Institution or Depository of any kind to pay, deliver over or properly account for any money, moneys, papers, securities or property of any kind placed on deposit therein or in its custody by or for said Principal in his capacity as aforesaid or in any other capacity. IT IS FURTHER UNDERSTOOD AND AGREED that the Surety may cancel this bond by giving thirty (30) days notice in writing to the Obligee. Such cancelation shall be effective only as to acts committed by the Principal after the expiration of said thirty (30) day period. The Surety shall, upon surrender of this bond and its release from all liability thereunder, refund the premium paid, less a pro rata part thereof for the time this bond shall have been in force. Signed, sealed and dated _____________ ---------------lIl/_-~~1-g1--------------------------------------------------- _~:,.~! k~~~C/~ ----------------- (SEAL) --------------------- G~~2~~ Principal ' ~i~~ UNITED STATES FIDELITY AND GUARANTY COMPANY ---------------------- -- -- ---------- - --'•~-t-'--~- - - Sherry Langnau _&ttnrne_y- In-Eae-t--------------------------------------------------- Merc.Off. 144 (5-54) ~ s ~' • CERTIFIED COPY • GENERAL POWER OF ATTORNEY No._____ 101258-------- --------------- Knoto all Men bg these Presents: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint Grady K. Strlm, Sherry L. Langnau and SuEllen Landriault of the City of LaPorte ,State of TeXaS its true and lawful attorneys in and for the State of T@XaS for the following purposes, to wit: To sign its name as surety tc, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatscever~Qi~aC34NdC anyone of the said Grady K. Strtan and the said Sherry L. Langnau and the said SuEllen Landriault may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice-President and Assistant Secretary, this 17th day of February , A. D. 19 89 UNITED STATES FIDELITY AND GUARANTY COMPANY. (Signed) By...... JOhn . A.. AndrXSZak, ... , . ..... . Yice-President. (SEAL) George R. Gainer (Signed) ................................... .. .......... Assistant Secretary. STATE OF MARYLAND. t BALTIMORE CITY, s ss. On this 17tt1 day of February , A. D. 1~9 ,before me personally came John A. AndZySZajC ,Vice-President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and (yep a R. Gan3ner ,Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said that they, the said John A. AndsySZak and (~p~e R. Ganjnpx were respectively the Vice-President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed b•; order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice-President and Assistant Secretary, respectively, of the Company. My commission expires the first day in 1uly, A. D. 19.90. (SEAL) (Signed) ......... MdrJdret M. Hurst ...... ... .... Notary Public. FS 3 (1-87) COPY OF RESOLUTION That Whereas, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power and authority to act for it and in its name in States other than Maryland, and in the Territories of the United States and in the Provinces and territories of Canada; Therefore, be it Resolved, that this Company do, and it hereby does, authorize and empower its President or either of its Vice- Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under .ts corporate seal, to appoint any person or persons as attorney or attorneys•in-fact, or agent or agents of said Company, in its name and as its act, to execute and deliver any and all contracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law allowed, and Also, in its name and as its attorney or attorneys•in•fact, or agent or agents to execute and guarantee the conditions of any and all bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law, municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces or territories of Canada, or by the rules, regulations, orders, customs, practice or discretion of any board, body, organization, office or officer, local, municipal or otherwise, be allowed, required or permitted to be executed, made, taken, given, tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons, corporation, body, office, interest, municipality or other association or organization whatsoever, in any and all capacities whatsoever, conditioned for the doing or not doing of anything or any conditions which may be provided for in any such bond, recognizance, obligation, stipulation, or undertaking, or anything in the nature of either of the same. [, JarreS M. Ca17011 , an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given by said Company to GZ'ady K. Stuart, Shealy L. Langnau and SuEllen Landriault of LaPorte, Texas ,authorizing and empowering them to sign bonds as therein set forth, which power of attorney has never been revoked and is still in full force and effect. And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the 25th day of November, 1981, at which meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct copy of said resolution, and the whole thereof as recorded in the minutes of said meeting. In Testimony Whereof, I hav 1~reunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY COMPANY on ~~ j~~ ( ate) ivL (~ Assistant Secretary. Y r ~ • .~.. OATH OF OFFICE I, RODNEY J. ETCHBERGER, DO SOLEMNLY SWEAR (OR AFFIRM), THAT I WILL FAITHFULLY AND IMPARTIALLY EXECUTE THE DUTIES IMPOSED UPON ME BY LAW AS A MEMBER OF THE LA PORTE AREA WATER AUTHORITY BOARD, AND I FURTHERMORE SOLEMNLY SWEAR (OR AFFIRM), THAT I HAVE NOT DIRECTLY OR INDIRECTLY PAID, OFFERED, OR PROMISED TO CONTRIBUTE ANY MONEY OR VALUABLE THING, OR PROMISED ANY PUBLIC OFFICE EMPLOYMENT, AS A REWARD TO SECURE MY APPOINTMENT. SO HELP ME GOD. ~o ~q/ S GNATURE DA SUBSCRIBED AND SWORN TO BEFORE ME, BY THE SAID RODNEY J. ETCHBERGER, THIS THE 9TH DAY OF OCTOBER, 1991, TO CERTIFY WHICH WITNESS MY HAND AND SEAL OF OFFICE. ~ .. _ ~-'~ ~'`~ - ~ ' i3RITAHPINERY NOTARY PUBLIC '~ !,r ~ * ~ "°•_ ~ '~} t Notary P~b6c STATE OF TEXAS My ~ ~ + fi l ..,,„,,,,,e' ~ .~~Op ~~,,..