HomeMy WebLinkAbout04-07-08 Special Called Regular Meeting of the La Porte Development Corporation Board of Directors minutes
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MINUTES OF THE SPECIAL CALLED REGULAR MEETING OF THE DEVELOPMENT CORPORATION
BOARD OF DIRECTORS
April 7, 2008
1. Call to order
President Pat Muston called the meeting to order at 5:00 p.m.
Members Present: Love, Muston, Clausen, Engelken and Matuszak.
Members/Officers Absent: Wise, Dolby, and Moser.
Staff Present: City Manager Ron Bottoms, City Secretary Martha Gillett, Assistant City Attorney Clark Askins,
and Economic Development Coordinator Gretchen Larson.
Others Present: Paul Chavez of Bay Area Houston and David Janda.
2, Consider approval of minutes of the Special Called Meeting of the La Porte Development Corporation Board of
Directors, held on February 25, 2008.
A motion was made by Board Member Love to approve the Minutes of February 25, 2008 of the Special Called
Regular Meeting of La Porte Development Corporation Board. The motion was seconded by Board Member
Engelken. The motion carried unanimously.
Ayes: Love, Muston, Clausen, Engelken, Matuszak
Nays: None
Abstain: None
Absent: Moser and Wise
3. Consider approval or other action to ratify earlier decision of La Porte Development Corporation to forward a
letter of support for Highway 146 Overpasses.
Economic Development Coordinator Gretchen Larson presented a letter of support for Highway 146
Overpasses.
A motion was made by Board Member Clausen to support the overpass project. The motion was seconded by
Board Member Engelken. The motion carried unanimously.
Ayes: Love, Muston, Clausen, Engelken and Matuszak
Nays: None
Abstain: None
Absent: Moser and Wise
4. Consider approval or other action to authorize the Economic Development Coordinator to proceed with joint City
of La Porte and LPEDC release of Request for Proposals (RFP) for the hiring of a firm to conduct a City-Wide
Economic Development Strategic Plan.
Economic Development Coordinator Gretchen Larson presented the Requests for Proposals and
recommendation to the board and answered questions.
A motion was made by Board Member Love to proceed with the Requests for Proposals. The motion was
seconded by Board Member Matuszak. The motion carried unanimously.
Page 2 - 4/7/08 Minutes
Ayes: Love, Muston, Clausen, Engelken and Matuszak
Nays: None
Abstain: None
Absent: Moser and Wise
5. Consider approval or other action related to the selection of North Star Destinations Strategies for the
completion of a Community Branding Campaign for the City of La Porte and authorize a budget amendment to
the La Porte Economic Development Corporation FY 2008 Budget in the amount of $85,000.
Economic Development Coordinator Gretchen Larson made the presentation and recommendation to the Board
and answered questions.
A motion was made by Board Member Matuszak to approve the selection of North Star Destinations Strategies
for the completion of a Community Branding Campaign for the City of La Porte and authorize a budget
amendment to the La Porte Economic Development Corporation FY 2008 Budget in the amount of $85,000 as
presented by Mrs. Larson. The motion was seconded by Board Member Love. The motion carried
unanimously.
Ayes: Love, Muston, Clausen, Engelken and Matuszak
Nays: None
Abstain: None
Absent: Moser and Wise
6. Consider approval or other action requesting a budget adjustment of $5,500 to the La Porte Development
Corporation Budget for Fiscal Year 2008 for marketing related brochures and for promotional items to be used
at events which market the City of La Porte.
Economic Development Coordinator Gretchen Larson made the presentation and recommendation to the
Board and answered questions.
A motion was made by Board Member Clausen to approve the budget adjustment of $5,500 to the La Porte
Development Corporation Budget for Fiscal Year 2008 for marketing related brochures and for promotional
items to be used at events which market the City of La Porte as requested by Mrs. Larson. The motion was
seconded by Board Member Engelken. The motion carried unanimously.
Ayes: Love, Muston, Clausen, Engelken and Matuszak
Nays: None
Abstain: None
Absent: Moser and Wise
7. Consider approval or other action requesting a budget adjustment of $2,500 to the La Porte Economic
Development Corporation Budget for Fiscal Year 2008 to cover additional expenses related to LPEDC and
other meetings and for participation in the ICSC Recon Retailers Conference in May and the IEDC, Brokering
Public-Private Partnership Meeting, in June.
Economic Development Coordinator Gretchen Larson made the presentation and recommendation to Board
and answered questions.
A motion was made by Board Member Engelken to approve the a budget adjustment of $2,500 to the La Porte
Economic Development Corporation Budget for Fiscal Year 2008 to cover additional expenses related to
LPEDC and other meetings and for participation in the ICSC Recon Retailers Conference in May and the
IEDC, Brokering Public-Private Partnership Meeting in June as requested by Mrs. Larson. The motion was
seconded by Board Member Matuszak. The motion carried unanimously.
Page 3 - 4/7/08 Minutes
Ayes: Love, Muston, Clausen, Engelken and Matuszak.
Nays: None
Abstain: None
Absent: Moser and Wise
8. Announcements/Administrative Reports
City Manager Ron Bottoms and Economic Development Coordinator Gretchen Larson presented
updates on current Projects Listing.
9. Board Comments
Board Members provided comments.
10. Adjournment
The meeting was duly adjourned at 6:55 p.m.
Respectfully submitted,
LfJ1~Ad
Martha Gillett,
City Secretary TRMC, CMC
La Porte Development Corporation Secretary
~assed and approved on thi~y of 111008.
PtirlJ1~
Pat Muto~', President
,~--
3
REQUEST FOR LPEDC BOARD AGENDA ITEM
Agenda Date Requested: 4/28/20~
:::::::n::': ::::::- -
Bude:et
Source of Funds:
Account Number:
Report: X Resolution:
Ordinance:
Amount Budgeted:
Exhibits:
Amount Requested:
SUMMARY & RECOMMENDA liON
At the meeting we will review the status of the website completion and answer any questions
you may have. The firm of Civica was recommended by the staff Selection Committee to the
City Manager who concurred with the staff recommendation. The price excluding the five year
maintenance and upgrade costs was $47,790 which was within the $50,000 bidding limit.
Staff recommended to the City Manager that we also add the five year maintenance and
upgrade options which would bring the total investment to approximately $70,230 over five
years. However, there is no need for action from the Board at this time related to this
additional expense as it can be accommodated in the regular budgeting process for the FY
2008-2009. We will be meeting with Civica representatives via telephone conference on
Wednesday to finalize the arrangements related to the agreement. Attached is a summary of
the services provided by Civica and a spreadsheet of the basic costs among the top three
firms interviewed and evaluated by the Selection Committee.
Action ReQuired by the Board:
No action is required at this time. This request is to update the LPEDC Board as to the firm
ec mmended to the City Manager to be hired to complete the refurbishment of the City
web ite and the associated costs.
f; ) ff;
Date
Executive Summary
Company Information and Project Overview
Pixelpushers Inc., dba Civica Software (Civica) is a California subchapter-S corporation which has
grown over the past decade to become one of the most successful and experienced local
government Website development companies in the US. As a company focused solely on
government, with installations in over 60 California agencies, we have developed a level of
professionalism that few vendors can match.
Civica proposes to partner with La Porte to design and implement an attractive, user-centric and
constituent-friendly Website that will meet or exceed your project goals. This site will incorporate
Civica's powerful content management system (CMS), assuring that its content is always current
because it can be easily maintained by existing staff with minimal training and no technical
expertise.
Your new Website will create a more personal interface with your audiences: your residents,
businesses and visitors, prospective residents and businesses, elected and appointed officials as
well as staff. This will enable management to enhance the level of service to the community.
Project Approach
Consultancy
Civica Software does not undertake a redesign of any of its client's Websites without a
comprehensive review of the existing site, a complete discussion of our findings as well as a wide-
ranging discussion of La Porte's goals and objectives. Our experience has shown that this
preparatory work is essential for us to understand both your immediate and long term desires. In
addition, in nearly all cases, the discussions undertaken in this phase reveal some important
elements of a "positioning" that were not obvious in the internal discussions associated with the
selection of a vendor.
While many see local governments as monolithic structures that all do the same thing, we know that
the more than 60 Civica Software clients each offered unique issues and challenges which had to be
understood before they could be resolved. Our track record speaks for itself as you will see in the list
of references we provide. We ask you to call any of them. We are proud of the results we have
delivered. The only way that level of success can be achieved is to know what, and with whom, the
client is seeking to communicate. We do that exceptionally well.
Website Design
Once the consultancy phase is completed, your new Website will be completely redesigned, making it
more graphically appealing, content rich, easy to navigate while clearly communicating the unique
image of La Porte. As importantly, the new Website will be easy for staff to manage, requiring no
technical skills. Updating will be dispersed throughout as many employees as you wish, enabling
each department to update its own portion of the site.
It will provide a unified La Porte theme though all departments. The City's branding will be
consistently displayed on every Web page, using Flash elements where appropriate. Yet, individual
departments will be able retain their personality.
Civica designers will interface closely with all departmental stakeholders throughout the entire
design phase to ensure not only that the new strong graphical direction reflects your unique
personality, but that it speaks directly to the various target audiences. All authorized stakeholders
Website Design and Implementation
Page 3 of 31
February 28. 2008
will be able to review every element of the site as it takes shape on a dedicated, password protected,
Web server.
Website Training
Civica Software's CMS is designed so that no technical skills are required to manage content on the
site. Training actually begins during the design phase as users become familiar with the system by
having access to the above referenced development site. As the site is being completed, a full user
training process occurs prior to "going live." On average, users require only about 30 minutes to have
full capability to post items to the site.
At the same time, a limited number of staff is given more extensive training to enable them to
administer the site. Civica will supply them with tools and training to enable staff to rebuild and
restructure the site without the need for a vendor interface. This will help then in order to adapt the
site to changing technologies and other future needs. This training also includes the ability to
completely add departments or pages, and to enable them to provide for future redesigning of the
site, or any elements within it, should that be required.
Development and Engineering
Civica brings a breadth of experience to government Website projects. Since users are not always
aware of departmental structures, the site architecture will ensure that all information can be found
quickly no matter how the user approaches it. We are expert at making all services, programs and
functions very quickly accessible through Civica's intuitive and powerful search engine, which is an
integral feature in all Civica CMS implementations.
The site will promote the services supplied and supported by La Porte, present and future, and
provide a stable upgradeable platform for all e-government and other internal resource initiatives,
both current and future. It can facilitate and integrate a wide range of online transactions including
third party software applications such as business license renewals, utility bill payments, business
license renewals and payments, permit payments.
It will include enhanced interactive features, including the ability to submit online forms for a variety
of purposes. The site will also act as a community portal providing seamless access to other non-City
information important to La Porte residents and businesses.
The Website will provide enhanced archival and search and retrieval functions and be accessible by
visitors using current versions of all commonly used browsers. It will comply with current accessibility
standard ADA priority 1 and the Federal E-Government Act of 2002. It will be accessible by all major
browsers using either dial up modems or broadband connections
La Porte will also have access to all source code upon completion.
Website Design and Implementation
Page 4 of 31
February 28, 2008
PRICE SCHEDULE
Civic Plus Civica Vision Internet
Desion/Consultino $11,000.00 $10,800.00 $13,385.00
Development $7,100.00 $6,000.00 $22,075.00
Real Estate Locator $2,500.00 Included TBD
Content $5,900.00 $1,500.00 $2,805.00
Go Live $5,400.00 $2,520.00
Software Licenses Included $27,390.00
Trainino (train the trainer) $2,500.00 $2,100.00 $5,125.00
One-Time Fee $34,400.00 $47,790.00 $45,910.00
Additional
Meet wlDept Directors $7,700.00 Included
Search & Replace $1,200.00 Included
Download of RFPs and Track $1,500.00 Included Additional
e-Notification Included Included $5,295.00
Form/Survey Tool Included Included $2,000.00
Link Librarv Included Included $3,760.00
Photo Gallerv Included Included $4,420.00
Total One-Time Fee $44,800.00 $47,790.00 $61,385.00
Monthly Fees
Hostina $200/mo $125.00 $200/mo
Routine Maintenance $240/mo - 3 hrs Included Estimate 50 hrs (/j!$105
Proorammino Maint & Uporades $650.00 $342.50 $85 to $135/hr
Annual Cost $13,890.00 $5,610.00 $5,250.00
Total Cost for 5 Years $100,360.00 $70,230.00 $82,385.00
1st Year Included True costs are undetermined
Option
Online Job Application $9,500.00 $5,000.00 Undetermined
Estimated Delivery 14 to 21 Weeks 17 to 18 Weeks 15 to 26 Weeks
4
REQUEST FOR LPEDC BOARD AGENDA ITEM
Bude;et
Requested By:
Source of Funds:
Department:
Account Number:
Report: X Resolution:
Ordinance:
Amount Budgeted:
Exhibits:
Amount Requested:
SUMMARY & RECOMMENDATION
At the meeting we will review the status of the Community Branding Campaign and provide
you with a timeline to track the process as well as the first status report from North Star staff.
We are also currently working on a flyer to inform the community and all of our stakeholders
of the initiative underway and will provide you with a copy of that as soon as it is ready.
Action Reauired by the Board:
No action is required at this time. This report is for information only to provide updates to the
LPEDC Board on the Community Branding Campaign.
~
5
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REQUEST FOR LPEDC BOARD AGENDA ITEM
Agenda Date Requested: 4/28/2008
Budg:et
Requested By: C.retchen T .arson
Source of Funds:
Department: City Mllllllg'ulEDC
Account Number:
Report: X Resolution:
Ordinance:
Amount Budgeted:
Exhibits:
Amount Requested:
SUMMARY & RECOMMENDATION
City staff met recently with two architectural firms, Knudson and Associates and URS
Corporation, regarding the proposed Town Square architectural renderings. After careful
review and evaluation the firm of URS Corporation was retained at a cost of $22,000. A copy
of the executed agreement is attached for your review.
Staff met with URS and asked that they provide the Board with two renderings from which to
choose a concept based upon an Old Town Texas and an Art Deco theme, copies of each of
the renderings are attached. A power point presentation of the renderings will also be
presented at the meeting. The Main Street Advisory Board has already been presented with
the concepts at their most recent meeting and the City Council was shown the renderings at
their Retreat Meeting on April 19.
We continue to work with the Developer and TPWD regarding the potential relocation of TPW
to their property at Sheldon Lake. Although the TPW Commission does not officially meet
until May 26, we have been informed by their staff that they may have an answer for us later
this week as to the "general" blessing by the Commission of the overall proposed plan. We
will update you on everything that has transpired since our last meeting on April 7 at the
meeting.
As a part of the agreement with URS, one of the two concepts will be more fully developed
after authorization to proceed is received from the Board.
Action Required by the Board:
Staff is requesting that the LPEDC Board provide us with guidance as to which architectural
render' cept URS should proceed with for the proposed Town Square Plan.
)//M
Date
AGREEMENT FOR PROFESSIONAL SERVICES
("Agreement")
This Agreement between City of La Porte ,("Clienf') and URS Corporation ("URS"), a Nevada
corporation; 9801 Westheimer. Houston. Texas ("URS"), is effective as of April 10. 2008 . The parties
agree as follows:
It is the expressed intent of the parties that this Agreement shall be made available to the subsidiaries and
affiliated companies of URS. For the purposes of this Agreement, as it applies to each Work Order, the
term "URS" shall mean either, URS Corporation, or the affiliated company identified in the Work Order.
The applicable Work Order shall clearly identify the legal name of the affiliate or subsidiary accepting the
Work Order.
ARTICLE I - Work Orders. The Scope of Services ("Services"), the Time Schedule and the Charges are
to be set forth in a written Work Order to this Agreement. The terms and conditions of this Agreement
shall apply to each Work Order, except to the extent expressly modified by the Work Order. Where
charges are "not to exceed" a specified sum, URS shall notify Client before such sum is exceeded and
shall not continue to provide the Services beyond such sum unless Client authorizes an increase in the
sum. If a "not to exceed" sum is broken down into budgets for specific tasks, the task budget may be
exceeded without Client authorization as long as the total sum is not exceeded. Changes in conditions,
including, without limitation, changes in laws or regulations occurring after the budget is established or
other circumstances beyond URS control shall be a basis for equitable adjustments in the budget and
schedule.
ARTICLE II - Payment. Unless otherwise stated in a Work Order, payment shall be on a time and
materials basis under the Schedule of Fees and Charges in effect when the Services are performed.
Client shall pay undisputed portions of each progress invoice within thirty (30) days of the date of the
invoice. If payment is not maintained on a thirty (30) day current basis, URS may suspend further
performance until payments are current. Client shall notify URS of any disputed amount within fifteen (15)
days from date of the invoice, give reasons for the objection, and promptly pay the undisputed amount.
Client shall pay an additional charge of one and one-half percent (1%%) per month or the maximum
percentage allowed by law, whichever is the lesser, for any past due amount. In the event of a legal action
for invoice amounts not paid, attorneys' fees, court costs, and other related expenses shall be paid to the
prevailing party.
ARTICLE III - Professional Responsibility. URS is obligated to comply with applicable standards of
professional care in the performance of the Services. Client recognizes that opinions relating to
environmental, geologic, and geotechnical conditions are based on limited data and that actual conditions
may vary from those encountered at the times and locations where the data are obtained, despite the use
of due professional care. URS is not responsible for designing or advising on or otherwise taking
measures to prevent or mitigate the effect of any act of terrorism or any action that may be taken in
controlling, preventing, suppressing or in any way relating to an act of terrorism.
ARTICLE IV - Responsibility for Others. URS shall be responsible to Client for URS Services and the
services of URS subcontractors. URS shall not be responsible for the acts or omissions of other parties
engaged by Client nor for their construction means, methods, techniques, sequences, or procedures, or
their health and safety precautions and programs.
ARTICLE V - Risk Allocation. The liability of URS, its employees, agents and subcontractors (referred to
collectively in this Article as "URS"), for Client's claims of loss, injury, death, damage, or expense,
including, without limitation, Client's claims of contribution and indemnification, express or implied, with
respect to third party claims relating to services rendered or obligations imposed under this Agreement,
including all Work Orders, shall not exceed in the aggregate:
PSA-1.DOC (Rev. 1) 30-AUG-04
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(1) The total sum of $250,000 for claims arising out of professional negligence, including
errors, omissions, or other professional acts, and including unintentional breach of contract; and any
actual or potential environmental pollution or contamination, including, without limitation, any actual or
threatened release of toxic, irritant, pollutant, or waste gases, liquids, or solid materials, or failure to detect
or properly evaluate the presence of such substances, except to the extent such release, threatened
release, or failure to detect or evaluate is caused by the willful misconduct of URS; or
(2) The total sum of $1,000,000 for claims arising out of negligence, breach of contract, or
other causes for which URS has any legal liability, other than as limited by (1) above.
ARTICLE VI - Insurance. URS agrees to maintain during the performance of the Services: (1) statutory
Workers' Compensation coverage; (2) Employer's Liability; (3) General Liability; and (4) Automobile
Liability insurance coverage each in the sum of $1,000,000.
ARTICLE VII - Consequential Damaaes. Neither Party shall be liable to the other for consequential
damages, including, without limitation, loss of use or loss of profits, incurred by one another or their
subsidiaries or successors, regardless of whether such damages are caused by breach of contract, willful
misconduct, negligent act or omission, or other wrongful act of either of them.
ARTICLE VIII - Client Responsibilitv. Client shall: (1) provide URS, in writing, all information relating to
Client's requirements for the project; (2) correctly identify to URS, the location of subsurface structures,
such as pipes, tanks, cables and utilities; (3) notify URS of any potential hazardous substances or other
health and safety hazard or condition known to Client existing on or near the project site; (4) give URS
prompt written notice of any suspected deficiency in the Services; and (5) with reasonable promptness,
provide required approvals and decisions. In the event that URS is requested by Client or is required by
subpoena to produce documents or give testimony in any action or proceeding to which Client is a party
and URS is not a party, Client shall pay URS for any time and expenses required in connection therewith,
including reasonable attorney's fees.
Client shall reimburse URS for all taxes, duties and levies such as Sales, Use, Value Added Taxes, Deemed
Profits Taxes, and other similar taxes which are added to or deducted from the value of URS Services. For
the purpose of this Article such taxes shall not include taxes imposed on URS net income, and employer or
employee payroll taxes levied by any United States taxing authority, or the taxing authorities of the countries
or any agency or subdivision thereof in which URS subsidiaries, affiliates, or divisions qrepermanently
domiciled:. It is agreed. and understood that these net income, employer or employee payroll taxes are
included in the unit prices or lump sum to be paid URS under the respective Work Order.
ARTICLE IX - Force Maieure. An event of "Force Majeure" occurs when an event beyond the control of the
Party claiming Force Majeure prevents such Party from fulfilling its obligations. An event of Force Majeure
includes, without limitation, acts of God (including floods, hurricanes and other adverse weather), war, riot,
civil disorder, acts of terrorism, disease, epidemic, strikes and labor disputes, actions or inactions of
government or other authorities, law enforcement actions, curfews, closure of transportation systems or other
unusual travel difficulties, or inability to provide a safe working environment for employees.
In the event of Force Majeure, the obligations of URS to perform the Services shall be suspended for the
duration of the event of Force Majeure. In such event, URS shall be equitably compensated for time
expended and expenses incurred during the event of Force Majeure and the schedule shall be extended
by a like number of days as the event of Force Majeure. If Services are suspended for thirty (30) days or
more, URS may, in its sole discretion, upon 5 days prior written notice, terminate this Agreement or the
affected Work Order, or both. In the case of such termination, in addition to the compensation and time
extension set forth above, URS shall be compensated for all reasonable termination expenses.
ARTICLE X - Riaht of Entrv. Client grants to URS, and, if the project site is not owned by Client,
warrants that permission has been granted for, a right of entry from time to time by URS, its employees,
agents and subcontractors, upon the project site for the purpose of providing the Services. Client
recognizes that the use of investigative equipment and practices may unavoidably alter the existing site
conditions and affect the environment in the area being studied, despite the use of reasonable care.
PSA-1.DOC (Rev. 1) 30-AUG-04
-2-
ARTICLE XI - Documents. Provided that URS has been paid for the Services, Client shall have the right
to use the documents, maps, photographs, drawings and specifications resulting from URS efforts on the
project. Reuse of any such materials by Client on any extension of this project or any other project without
the written authorization of URS shall be at Client's sole risk. URS shall have the right to retain copies of
all such materials. URS retains the right of ownership with respect to any patentable concepts or
copyrightable materials arising from its Services.
ARTICLE XII - Termination. Client may terminate all or any portion of the Services for convenience, at its
option, by sending a written Notice to URS. Either party can terminate this Agreement or a Work Order for
cause if the other commits a material, uncured breach of this Agreement or becomes insolvent.
Termination for cause shall be effective twenty (20) days after receipt of a Notice of Termination, unless a
later date is specified in the Notice. The Notice of Termination for cause shall contain specific reasons for
termination and both parties shall cooperate in good faith to cure the causes for termination stated in the
Notice. Termination shall not be effective if reasonable action to cure the breach has been taken before
the effective date of the termination. Client shall pay URS upon invoice for Services performed and
charges incurred prior to termination, plus reasonable termination charges. In the event of termination for
cause, the parties shall have their remedies at law as to any other rights and obligations between them,
subject to the other terms and conditions of this Agreement.
ARTICLE XIII - No Third Party RiQhts. This Agreement shall not create any rights or benefits to parties
other than Client and URS. No third party shall have the right to rely on URS opinions rendered in
connection with the Services without the written consent of URS and the third party's agreement to be
bound to the same conditions and limitations as Client.
ARTICLE XIV - AssiQnments. Neither party to this Agreement shall assign its duties and obligations
hereunder without the prior written consent of the other party.
ARTICLE XV - Hazardous Substances. All nonhazardous samples and by-products from sampling
processes in connection with the Services shall be disposed of by URS in accordance with applicable law;
provided, however, that any and all such materials, including wastes, that cannot be introduced back into
the environment under existing law without additional treatment, and all hazardous wastes, radioactive
wastes, or hazardous substances ("Hazardous Substances") related to the Services, shall be packaged in
accordance with the applicable law by URS and turned over to Client for appropriate disposal. URS shall
not arrange or otherwise dispose of Hazardous Substances under this Agreement. -- URS, at Client's
request, may assist Client in identifying appropriate alternatives for off-site treatment, storage or disposal
of the Hazardous Substances, but URS shall not make any independent determination relating to the
selection of a treatment, storage, or disposal facility nor subcontract such activities through transporters or
others. Client shall sign all necessary manifests for the disposal of Hazardous Substances. If Client
requires: (1) URS agents or employees to sign such manifests; or (2) URS to hire, for Client, the
Hazardous Substances transportation, treatment, or disposal contractor, then for these two purposes,
URS shall be considered to act as Client's agent so that URS will not be considered to be a generator,
transporter, or disposer of such substances or considered to be the arranger for disposal of Hazardous
Substances, and Client shall indemnify URS against any claim or loss resulting from such signing.
ARTICLE XVI - Venue. In the event of any dispute between the parties to this Agreement, the venue for
the dispute resolution shall be any state or federal court in the United States having jurisdiction over the
parties. The foregoing notwithstanding, if the project is located outside the United States, the laws of the
State of California shall govern and in such event, any dispute under the Agreement not resolved amicably
shall be resolved under the binding rules of the American Arbitration Association.
ARTICLE XVII - InteQrated WritinQ and Enforceabilitv. This Agreement constitutes the final and
complete repository of the agreements between Client and URS relating to the Services and supersedes
all prior or contemporaneous communications, representations, or agreements, whether oral or written.
Modifications of this Agreement shall not be binding unless made in writing and signed by an Authorized
Representative of each party. The provisions of this Agreement shall be enforced to the fullest extent
permitted by law. If any provision of this Agreement is found to be invalid or unenforceable, the provision
shall be construed and applied in a way that comes as close as possible to expressing the intention of the
parties with regard to the provisions and that saves the validity and enforceability of the provision.
PSA-1.DOC (Rev. 1) 30-AUG-04
- 3 -
THE PARTIES ACKNOWLEDGE that there has been an opportunity to negotiate the terms and
cond"' n f this Agreement and agree to be bound accordingly.
Signature
Ron Bottoms. City Manaaer
City of La Porte
Typed Namemtle
Date of Signature
~~~
Bruce Brobera. P.E.. Vice President
URS Comoration
Typed Na:;r/7/ D 6
Date of Signature
PSA-1.DOC (Rev. 1) 30-AUG-Q4
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TIME AND MATERIALS WORK ORDER NO.
In accordance with the Agreement for Professional Services between City of La Porte ("Client"), and URS
Corporation ("URS"). a Nevada corporation, dated April 10. 2008 I this Work Order describes the
Services, Schedule, and Payment Conditions for URS Services on the Project known as:
5 Points Development
Client Authorized
Representative:
Address:
Ron Bottoms
604 West Fairmont Parkway, La Porte, Texas 77571
Telephone No.:
(281)471-5011
URS Authorized
Representative:
Address:
Bruce Broberg
9801 Westheimer, Suite 500 Houston, Texas 77042
Telephone No.: (713)914-6614
SERVICES. The Services shall be described in Attachment A to this Work Order.
PAYMENT. . Payment of $12.000 is due upon signature of this Work Order and will be applied against the
final invoice for this Work Order. URS charges shall be on a "time and materials" basis and shall be in
accordance with the URS Schedule of Fees and Charges in effect at the time the Services are performed.
Payment provisions and the URS current Schedule of Fees and Charges are attached to this Work Order as
Attachment ...A-.
TERMS AND CONDITIONS. The terms and conditions of the Agreement referenced above shall apply to
this Work Order, except as expressly modified herein.
of this Work Order is acknowledged by the following signatures of the
URS
Date of Signature
Signature
Bruce Brobero
URS Comoration
Typed Namefry(( 7 ( D -?
Date of Signature
Signature
Rol'I Bottoms, City Manaaer
City of La Porte
Typed NamefTitle
PSA-1.DOC (Rev. 1) 30-AUG-04
- 1 -
A+td.C}-WY~+ A
URS
April 9, 2008
Mr. Ron Bottoms
City Manager
City of La Porte
401 West Fairmont Parkway
La Porte, Texas 77571
Subject:
URS Proposal for expedited Five Points Development
Dear Mr. Bottoms
In our meeting on April 7, 2008 you indicated a strong sense of urgency with respect to this project. URS
is offering an expedited product that will move the project forward within a week.
We will commit to deliver two renderings of the subject area by Friday April 18th provided we have
written authorization to proceed by close of business Thursday Apri110, 2008. If authorization can be
given we are prepared to meet with you during the week of Apri121, 2008 to further discuss the project as
described below.
These "Five Points" renderings, in our opinion, will be sufficient for you to select a preferred theme so
that we can proceed to Phase II, the DVD fly through.
URS is proposing to utilize a program called "sketch up" to visualize the massing and traffic corridors at
various angles, however only one angle of each of the two concepts will be initially provided. Based on,
our conversations with you and your staff, we are proposing that the two concepts include one Texas
historical theme and one "modified" art deco theme with Sylvan Beach ties (as seen in Five Points project
renderings). If you desire to change this we will need to know by Friday April 11 , 2008.
With regards to traffic patterns, URS is making the assumption that San Jacinto Street in front of the Five
Points Project will be closed for the purpose of initial renderings and massing. Although there are many
traffic pattern options, URS will select one traffic pattern that, in our opinion, is least disruptive to the
public. This obviously is subject to change based on further discussions. Actual traffic impact analysis
with traffic counts will be addressed in a later phases when further direction from the City is received.
As discussed in our meeting, April 7th, URS is planning on illustrating a number of buildings in the
rendering which mayor may not reflect actual future development, but will be compatible with the Five
Points project.
In this phase, URS has not provided for analysis of any public infrastructure support services, such as
water, sewer, drainage, flood detention, or trash pickup.
We do believe that we have sufficient information from our April 7th meeting to proceed with two
conceptual renderings. This Phase I proposal includes time for two meetings with the City of La Porte
after delivery of the renderings to discuss themes, traffic patterns and infrastructure issues. These meeting
will include Project Manager (Bruce Broberg), Traffic Planner (Rich Squire) and City Planner/Architect
5 Points Development
(Dan Wardrop). The anticipated outcome of these meetings will be the selection of a single theme with a
preferred traffic concept that will be the basis for a Phase II fly through DVD. Currently DVD
turnaround is approximately two weeks after conclusion of Phase I and authorization to proceed with the
Phase II.
The Phase Irenderings and meetings as described above will be provided for the lump sum of $12,000,
followed by a Phase II fly through DVD for an additional $10,000.
We have performed some structural work for the City of La Porte in the past (LP LEPC) and have run our
standard PSA-l contract past City Attorney Mr. Clark Askins. The attached contract has the same terms
and conditions as the contract previously approved by Mr. Askins.
Should you have any question, please do not hesitate to call me at 713-914-6614 or Dan Wardrop at 713-
914-6590.
Sincerely
URS Corporation
~~i~
Bruce A. Broberg
Vice President
CC: Dan Wardrop
Attachment A
URS CORPORATION - HOUSTON, TEXAS
PAYMENT PROVISIONS & 2008 SCHEDULE OF FEES AND CHARGES
The following describes the basis for compensation for services performed during the calendar year 2008.
This Schedule of Fees and Charges may be adjusted annually on January I of each subsequent year to
reflect merit and economic salary increases, and changes in the expected level and mode of operations for
the new year. The new Schedule of Fees and Charges will apply to existing and new assignments from the
date this fee schedule is approved.
PERSONNEL CHARGES
OTHER PROJECT COSTS
The charge for all time required in the
performance of the Scope of Service, including
office, field and travel time, will be at the Hourly
Rates set forth below for the labor classifications
indicated.
Subcontracts Equipment Rental and Other Costs
The cost of services subcontracted by URS
Corporation to others and other costs incurred by
URS Corporation will be charged at cost plus
10%.
Billing Category (Be)
Loaded Rate ($/hr)
Principal Project Manager
Senior Consultant
Sr. PM
Sr. StaffEnglSciJDesigner
EnglSci IIIDesigner
Technician
StaffEnglSci Designer
Secretary
Project Administrator
Scientist
210
180
120
105
92
81
75
65
65
60
Communications
The cost of communications for office telephone,
facsimile, postage, and incidental copying costs
will be charged at a flat rate of3% oftotal gross
labor charges. Courier services and express
delivery will be charged at cost plus 10%.
Document Reproduction
No charges will be made for routine copying and
printing. Large copying and printing jobs will be
charged at $0.12/page for black and white and
$1.20/page for color.
Vehicle Rental
Field vehicles (pick-ups, vans, trucks, etc.) used
on project assignments will be charged at a flat
rate of$50.00/day or $200/week. Personal
vehicles usage will be based upon the U. S.
Government designated rate.
Overtime (hours worked in excess of eight [8]
hours per day) by exempt personnel will be
charged at the above straight time hourly rate.
Overtime by non-exempt personnel
(classifications identified with an asterisk"*")
will be charged at 1.5 times the above hourly
rate.
Specialized Equipment
The use of specialized URS Corporation
equipment will be the fixed rental rates set forth
in the Schedule of Specialized Equipment
Charges.
Special project accounting, reporting and
financial services, including submission of
invoice support documentation, will be charged
at the rate of a See/Clerk IV.
This fee schedule contains confidential
business information and is not to be
copied or distributed for any purpose
other than the use intended in this
contract or proposal
PAYMENT PROVISIONS
Payment provisions are as stated in the PSA-l
under Article II - Payments.
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