CITY COUNCIL REGULAR MEETING THURSDAY, JUNE 28, :30 P.M. CITY COUNCIL CHAMBER 2401 MARKET STREET BAYTOWN, TEXAS AGENDA

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1 CITY OF BAYTOWN NOTICE OF MEETING CITY COUNCIL REGULAR MEETING THURSDAY, JUNE 28, :30 P.M. CITY COUNCIL CHAMBER 2401 MARKET STREET BAYTOWN, TEXAS AGENDA CALL TO ORDER AND ANNOUNCEMENT OF QUORUM PLEDGE AND INVOCATION Council Member Council Member Terry Sain, District No. Four 1. MINUTES a. Consider Approving the Minutes of the City Council Special Meeting for June 7, City Clerk. Consider approving the City Council Special Meeting minutes from the June 7, 2012 meeting. 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Citizen Communication: Jerry Jones. Mr. Jerry Jones requests to address Council to present information supporting the need for an industrial noise control ordinance. b. Years of Service Awards - Human Resources. Recognize City of Baytown employees for their Years of Service (5, 10, 15 plus years). c. Employee and Team of the Month - Human Resources. Present the May 2012 Employee and Team of the Month.

2 d. Recognition: Baytown Public Works Department Receives the 2012 Texas Chapter Sustainability Practices Award. Recognize the City of Baytown Public Works Department as recipients of the 2012 Texas Chapter Sustainability Practices Award from the Texas Chapter American Public Work's Association for the LED Highway Lighting Project. e. Recognition: Waste Management Crew for Exceptional Customer Service. Recognize members of a Waste Management crew for the exceptional customer service provided to our community. 3. PROPOSED ORDINANCES a. Consider an Amendment to the Curbside Recycling Agreement and Residential Solid Waste Collection and Disposal Services Contract - Administration. Consider an ordinance authorizing an amendment to the Curbside Recycling Agreement and Residential Solid Waste Collection and Disposal Services Contract with Waste Management of Texas, Inc., to upgrade the recycling collections services and to extend the terms of the such contracts. b. Consider Authorizing an Advance Funding Agreement with the State through the Texas Department of Transportation for the Veterans Memorial Highway Sign Installation Project - Administration. Consider an ordinance authorizing an advance funding agreement with the State through the Texas Department of Transportation for the Veterans Memorial Highway Sign Installation Project. c. Consider the Amendment to the Municipal Maintenance Agreement with TxDOT for Additional Mowing and Litter Control Maintenance on Spur 330 and State Highway Administration. Consider an ordinance authorizing an amendment to the Municipal Maintenance Agreement with the Texas Department of Transportation for additional mowing and litter control maintenance on Spur 330 and State Highway 146. d. Consider Designating Portions of State Highway 146 in Chambers County Near Convenience Stores and Restaurants as No Parking Zones - Public Works. Consider an ordinance amending Chapter 94 "Traffic and Vehicles," Article IV "Specific Street Regulations," Section "Schedules enumerated" to amend Schedule VIII "Designation - No Parking Zones" to designate portions of State Highway 146 within the City in Chambers County as no parking zones. e. Consider Authorizing Contract for Design Services Regarding City Hall Council Chamber Renovation Project - Engineering. Consider an ordinance authorizing a professional service contract with Pierce Goodwin Alexander & Linville, Inc., for design services for City Hall Council Chamber Renovation Project.

3 f. Consider Calling City of Baytown November 6, 2012, General Election - City Clerk. Consider an ordinance calling for the City of Baytown General Election to be held on November 6, 2012, for the purpose of electing a mayor at large. 4. CONSENT All Consent Agenda items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. a. Ordinance: Consider Approving Budget Amendments to the FCPEMSD Budget Health and EMS. Consider an ordinance amending the Baytown Fire Control, Prevention, and Emergency Medical Services District's Fiscal Year budget in order to reprogram funds from Machinery and Equipment to Motor Vehicles for the purchase of a replacement vehicle for the EMS Coordinator. b. Ordinance: Consider Granting a Pipeline Easement and Pipeline Permit to Lone Star NGL Mont Belvieu LP -Engineering. Consider an ordinance granting a permit easement and a pipeline permit for the installation of a 20-inch pipeline to Lone Star NGL Mont Belvieu LP. c. Ordinance: Consider Amending the Truck Route Ordinance to Designate New Routes and to Clarify Existing Routes - Police. Consider an ordinance amending Chapter 94 Traffic and Vehicles, Article VI Regulation of Certain Vehicles, Division 2 Trucks, Section Designation of truck routes of the Code of Ordinances of the City of Baytown, Texas, to designate new routes and clarify existing routes. d. Ordinance: Consider Amending the Fees for Birth and Death Certificates - City Clerk. Consider an ordinance amending Chapter 2 "Administration," Article V "Finance," Division 2 "Administrative Fees and Charges," Section "Public information," Subsection (d) of the Code of Ordinances to update the fees concerning birth records, to address death records, and to add a $1.00 fee for preserving vital statistics records, training the local registrar, and ensuring the safety and security of vital statistics records.

4 5. EXECUTIVE SESSION a. Executive Session: Cause No , Keith Lowell, et al., v. City of Baytown, Texas, in the 215th Judicial Court of Harris County, Texas - Legal. Recess into and conduct an executive session pursuant to Texas Government Code, Section to seek the advice of the City's attorneys regarding Cause No , Keith Lowell, et al., v. City of Baytown, Texas, in the 215th Judicial Court of Harris County, Texas. b. Ordinance: Consider Authorizing a Release and Settlement Agreement Concerning Cause No , Keith Lowell, et al., v. City of Baytown, Texas, in the 215th Judicial Court of Harris County, Texas. Consider an ordinance authorizing a Release and Settlement Agreement concerning Cause No , Keith Lowell, et al., v. City of Baytown, Texas, in the 215th Judicial Court of Harris County, Texas. 6. MANAGER'S REPORT Notice is hereby given in accordance with Section of the Texas Government Code, the City Council of the City of Baytown may receive a report about items of community interest from City staff and/or a member of the City Council, but no action or possible action shall be taken or discussed concerning the subject of such report, except as provided by Section of the Texas Government Code. a rd and 4th of July Celebration - Parks and Recreation. Present the schedule and entertainment lineup for the rd and 4th of July Celebration. 7. ADJOURN PUBLIC NOTICE IS GIVEN THAT IN ADDITION TO ANY EXECUTIVE SESSION LISTED ABOVE, THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO EXECUTIVE SESSION AT ANY TIME AS AUTHORIZED BY THE TEXAS GOVERNMENT CODE SECTIONS TO DISCUSS ANY OF THE MATTERS LISTED ABOVE. THE CITY OF BAYTOWN IS COMMITTED TO COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT. REASONABLE ACCOMMODATIONS AND EQUAL ACCESS TO COMMUNICATIONS WILL BE PROVIDED UPON REQUEST. FOR ASSISTANCE PLEASE CALL , FAX , OR CONTACT VIA RELAY TEXAS AT 711 OR FOR TYY SERVICES. FOR MORE INFORMATION CONCERNING RELAY TEXAS, PLEASE VISIT: THE AGENDA AND SUPPORTING DOCUMENTATION IS LOCATED ON THE CITY WEBSITE ( UNDER CITY MEETINGS - AGENDAS AND PACKETS.

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6 AIR a. BAYTOWN CITY COUNCIL MEETING Meeting Date: 06/28/2012 Consider Approving the Minutes of the City Council Special Meeting for June 7, City Clerk. Prepared for: Leticia Brysch Department: City Clerk's Office Prepared by: Leticia Brysch, City Clerk's Office Information ITEM Consider approving the City Council Special Meeting minutes from the June 7, 2012 meeting. PREFACE Consider approving the City Council Special Meeting minutes from the June 7, 2012 meeting. RECOMMENDATION Staff recommeds approval. Fiscal Impact Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: Amount Needed: Fiscal Impact (Additional Information): There is no fiscal impact associated with this item. June 7, 2012 CC Special Minutes Attachments

7 D R A F T MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN June 7, 2012 The City Council of the City of Baytown, Texas met in a Special Meeting on Thursday, June 7, 2012, at 5:00 P.M., in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: Brandon Capetillo Robert Hoskins David McCartney Scott Sheley Terry Sain Stephen DonCarlos Robert D. Leiper Leticia Brysch Keith Dougherty Council Member Council Member Council Member Council Member Council Member Mayor City Manager City Clerk Sergeant at Arms Mayor DonCarlos convened the June 7, 2012, City Council Special Meeting with a quorum present at 5:46 P.M., all members were present with the exception of Council Member Mercedes Renteria III who was absent. 1. DISCUSSIONS a. Discuss Possible Charter Amendments Administration. City Manager Leiper presented the item and stated that this item is a continuation of the discussion that started at last week s Work Session regarding the Charter Review Committee s Final Report. Council agreed to discuss each of the 21 recommendations listed in the Charter Review Final Report in the order listed in the report. 1. Recommendation A Section 9 Relates to the type of annexation which is an action by City Council as oppose to a self initiated citizens request - Extending city limits by action of the city council: Mayor DonCarlos stated that he was a little concerned of requiring good faith efforts as it relates to annexations notifications to the public and how this would impact citizens, as it could be open to interpretation. As a point of clarification, City Manager Leiper stated that the notification requirements for annexations are listed in state law. Mayor DonCarlos stated that if the notification is stated in state law, then the charter should simply state that the city would follow state law at a minimum.

8 Mayor DonCarlos stated that he agrees with limiting the second reading timeline from 30 to 14 days to help with IDA processes, which tend to take place at the end of the calendar years. 2) Recommendation B Section 12 Term limits for the mayor and council members: Two terms of three years each Effective after the next election Current members grandfathered That a Council member and a Mayor could serve again after a term interval Council Member McCartney stated that he was not in support of setting term limits for members of council, particularly since there have not been many instances where a council member has served more than three consecutive years. Council Member Sheley stated that he supported the idea of term limits and believed that it allows new and fresh ideas to come to the table; however, he did not believe that it was necessary to have to wait out two terms before running for office again. City Manager Leiper clarified that the break in term was for one term and not two. Council Member Sain stated that he was not in agreement with term limits and felt that it was instead up to the voters to decide if someone should be re-elected or not. He stated that as far as he knew, neighboring cities do not have term limits and leave it to the people to decide their leadership. Mayor DonCarlos stated that he would support the change to add term limits, but with a limit of three year terms (9 years) and not two (6 years). He further stated that he was not committed either way. Council Member Capetillo stated that he supported doing the 12 years (4 terms) total limit of service and thought it was worth considering further. Council Member Hoskins stated that he firmly believes that term limits are set when voters go to the polls and should remain so. Mayor DonCarlos stated that the Council is split on this item. City Manager Leiper stated that at the June 14 th meeting the Council would take a formal vote on this item. Mayor DonCarlos stated that he did not have any issue in taking all of these items to the public for a formal vote. City Manager Leiper stated that the reason the ballot items were limited at the last election was because the items were very complicated and the decision was made not to overwhelm the voters. The items for this election are not very complicated and are mostly cleanup. City Manager Leiper further stated that the staff is in support of taking all the items to the voters in the upcoming November 2012 election. Council Member Capetillo asked whether or not there could be a blanket item to change a lot of the items that require cleanup and make it in line with state law. Mr. Mike Beard stated that the idea of blanket items was thoroughly discussed during the Charter 2

9 Committee meetings, and that the Committee was informed by the city attorneys that blanket items could not be considered, particularly if they were one subject that went across various sections throughout the Charter. City Manager Leiper stated that the report consolidated as many items as possible into one recommendation and could not consolidate any more. 3) Recommendation C Section 14 - Compensation for mayor and council members: Mayor: $1,000 per month Council: $ 500 per month Mayor DonCarlos stated that none of the members sitting on Council now ran for office to get paid for it. He further stated that he felt that this item could be something to consider for future council members, and it leaves the impression that this is a Council led item. However, this is an item that is mentioned at every Charter review and should be something that the voters should decide for the Council. Council Member Hoskins stated that he agreed that the voters should be allowed to vote on the item and could maybe place an effective date for the compensation to take place well after the current members are off of Council, such as 2018 or farther. Council Member Sheley stated that if a person is active in the role of Council Member the expenses do build up, and feels that certain districts would greatly benefit from this compensation to help lessen the financial burden on people who truly want to run for public office, but cannot afford time away from work. Mr. Mike Beard stated that the Committee worked really hard with the staff and discussed the items at great length in order to reach a consensus. If the data is reviewed from other cities, as well as, the census data from 2010, there are very few cities that do not offer their council members some type of compensation. The Committee felt that there are probably very good candidates that are self employed or have to take vacation time to be able to serve and can not afford to run for office. Further, the Committee felt that the compensation would help offset some of those expenses and serve as an incentive to have people become a part of the process and serve on Council. The Committee did not discuss what the Council would do or approve for placement on the ballot and instead focused on reviewing the Charter to give recommendations based on the best compiled data. He stated that the goal was to give Council the most updated and comprehensive information without the political or voter moods factored in. Council Member Capetillo stated that it was important to consider other people s livelihoods and situations and not just focus on themselves. He further stated that the recommended dollar amounts seem fair and the voters should be allowed to decide on this item. City Manager Leiper stated that staff had two points that required the Council s direction: 3

10 The first being whether Council s compensation should be set up by public vote only or should their raises be allowed at an administrative level depending on the yearly budget. The second item is whether to set up a provision in the Charter that would allow for the possibility for a Council Member not wanting to be compensated if they don t want to. Mayor DonCarlos stated that he was not in favor of allowing Council Members to forgo their compensation because it causes pressure on others to do the same and would be unfair. Mayor DonCarlos stated that Council was either going to be compensated as a whole or not and was not in favor of allowing certain members to forgo compensation. Council Member Sheley stated that Council needs to be in consensus on what is being placed on the ballot and should not lobby in favor of some items and not for others. Council Member Capetillo stated that the voter should and will be allowed to review the ballot and make their own decisions regardless of what Council s opinions are on the subjects up for vote. City Manager Leiper stated as a point of clarification regarding compensation that the November election approving compensation is set to take place in November, and the City s budget is approved in September, and unless Council directs the staff to place the monies for Council compensation in the budget, there will be no monies available for this item in the next budget year. Council directed staff to place the monies for Council compensation as a contingency item in the City s FY budget. 4) Recommendation D Section Fire department staffing: Delete this Charter section Inconsistent with purpose of a Charter These types of items should be left to the discretion of Council and the City Manager and not specified in the Charter Council Member McCartney stated that this item should be left alone and not included on the ballot for the November 2012 election. Mayor DonCarlos stated that he understood that a specific item such as staffing should not be in the Charter; however, he felt it should stay in the Charter as it was voted in by the majority of the public. He also stated that he felt it was important not to bring forth an item that would bring a negative response from certain groups that could then spill over to the other items and negatively impact the election as a whole. Lastly, the mayor stated that he felt that this item would ultimately not pass, even if it was brought to a public vote. Council Member Sain agreed that it should stay in place as it was an item that was brought forth in the form of a vote and that should be respected. He did understand that the staffing levels should be left to the City Manager; however, the four man staffing was voted in and should remain in place. Council Member Hoskins stated that he felt that this item should not be in the Charter for the following reasons: 4

11 1. The information that is currently stated in the Charter is incorrect. Under NFPA Standards their staffing should be five firefighters per truck and not four; this allows for two in the building, two outside of the building as backup and the driver which stays with the truck, and 2. Appropriate staffing should be left to the administrative staff to decide Council Member Sheley stated that even if you took this section out of the Charter the staffing levels would remain the same. Council Member McCartney stated that while the staffing levels would remain the same if this section is removed from the Charter, nothing precludes those levels to change through majority vote from Council and thus the eliminating the four man staffing on a fire truck. City Manager Leiper stated that if you remove it from the charter, the fire staffing would become a yearly budget decision just like it is in every other city. He further stated that he has no intention of changing the fire staffing numbers, but can t say that they wouldn t be changed by another city manager or if there is another severe economic downturn. Council Member Hoskins stated that the municipal budget and staffing levels would ultimately have to be approved by the Council and felt that this item should be taken back to the voters for them to decide on whether it stays in the Charter of not. Council Members Sain, McCartney and Capetillo reiterated that in their opinion this item should not be included on the ballot for the upcoming election. City Manager Leiper stated that he is keeping a list of items that he is intending to vote for as a group and individual ones that will require a separate vote. He further stated that he grouped items A and B as one resolution for a vote and items C and D as a separate item for another vote. Council Member Sain stated that the fire staffing item was the only item that was not unanimously voted on. Mr. Mike Beard stated that that the Committee unanimously felt that this item did not belong in the Charter; however, for many of the reasons stated by the Council, such as possible negative impacts on other amendments, the vote to place this item on the ballot at this time was not unanimous. 5) Recommendation E Section 31 - Independent audit: Reduce rigor of mid-year audit Consistent with outside Auditor s advice and accounting practices and is not required by state law Make audit process more efficient Complies with state law City Manager Leiper stated that this change would be more in line with what our current practices are, which consists of one full audit and a six month agreed upon procedures, which is a smaller targeted audit. He further stated that it would be impossible to conduct 5

12 two full blown audits every year, as we cannot work on preparing a budget and auditing a budget at the same time. After a brief discussion, the Mayor and Council agreed with this item being on the ballot. 6) Recommendation F Section 47 - Effective date of budget: certification: copies made available: Improve efficiency of budget process Recognize that part of Baytown is in Chambers County Make other state law compliance changes After a brief discussion, the Mayor and Council agreed with this item being on the ballot. 7) Recommendation G 52-Budget, Anticipated revenues compared with other years, Proposed expenditures: comparison with other years: Combine into one Section to make it more clean and understandable Improve the efficiency of budget process Maintain financial communication to everyone Comply with state law After a brief discussion, the Mayor and Council agreed with this item being on the ballot. 8) Recommendation H Section 55 - Contingent appropriations: Increase flexibility for expenditures from contingency funds Remove requirement that they be only for emergencies Improve accounting efficiency for such expenditures After a brief discussion, the Mayor and Council agreed with this item being on the ballot. 9) Recommendation I Section 57 - Power to incur indebtedness by issuing bonds and notes: Clarify city taking advantage of available and appropriate borrowing instruments Certificates of Obligations (CO) Revenue Bonds Unknown new and legal methods After a brief discussion, the Mayor and Council agreed with this item being on the ballot. 10) Recommendation J Section 59 Form and content of bond ordinance, Section 60 Title of bond ordinance: citation, Section 61 Form and content when two or more projects are combined, and Section 63 Public sale: 6

13 Out of compliance with state law and should be deleted After a brief discussion, the Mayor and Council agreed with this item being on the ballot. 11) Recommendation K - Transfer of appropriations: Clarify transfer of unencumbered balances between departments Remove the requirement they be made within the last three months of the budget year City Manager Leiper stated that this is another item that is cleaning up the Charter language in order to have it in line with our current practices. He further stated that every year this issue is noted in our financial audits because we transfer monies in the 13 month when we know what line items need the monies and not in the last three months of the year as identified in the Charter. After a brief discussion, the Mayor and Council agreed with this item being on the ballot. 12) Recommendation L Section 78 Borrowing in anticipation of property taxes, Section 79 Borrowing in anticipation of other revenues, and Section 80 Sale of notes, report of sale: These Sections are inconsistent with state law and should be modified accordingly Follows recommendation of tax advisors After a brief discussion, the Mayor and Council agreed with this item being on the ballot. 13) Recommendation M Section 82 - Property subject to tax; method of assessment: Portions are inconstant with state law Clarify that maximum tax rate of six-tenths (0.6) of one percent applies to M & O only. Delete references to the city being responsible for property assessment City Manager Leiper stated that this was an item that he wanted to clarify. This section was also a Charter amendment that was brought forth during the Proposition 13 era that capped the tax rate at.6%. The intent of the amendment was to cap the M&O (maintenance and operations) rate only. This change would clarify that this cap is for M&O, and leaves the cap put in place by the voters many years ago. After a brief discussion, the Mayor and Council agreed with this item being on the ballot. 14) Recommendation N Section 67(6) - powers and duties (assessment), Section 83 - Appointment; qualifications, Section 84 - Public hearings; notice to owner, Section 85 - Powers and duties, and Section 86 - Records; approval of rolls: 7

14 These stipulate that the City makes property assessments for tax purposes They need to be modified or deleted State law sets up HCAD and CCAD to do this After a brief discussion, the Mayor and Council agreed with this item being on the ballot. 15) Recommendation O Section 97 - Power of initiative: Clarify the definition of an initiative Authorize Council to determine if a public overture is an initiative or a referendum Disallow initiatives on some additional types of ordinances, such as granting franchises, fixing of utility rates and zoning Increase the required number of signatures to 51% of voters at the previous contested mayoral election or minimum of 700 Council Member McCartney stated that he felt that increasing the total amount of signatures required to be 51% of the voters in the last previously contested mayoral election or minimum of 700 signatures was too high. He also stated that this seems excessive since we are moving the elections to November; the voter turnout is typically higher, which would increase the number of signatures tremendously. He further stated that the number should be a more reasonable amount and not make it so cumbersome that the public cannot bring items forward. City Manager Leiper stated in response to a question from Mayor DonCarlos regarding the current signature requirement in the Charter that the required signatures for an initiative and referendum petition should remain 25% of the last votes casted in a contested mayoral election. Mayor DonCarlos stated what if Council simply picked a number of minimum signatures and cut the percentages, such as 750 or 1,000. Council Member McCartney also stated that by adding the requirement in the Charter that the signatures be personally witnessed by the person circulating the petitions is going to make it even more difficult to get signatures because people can t just leave them on bars or in businesses like it was before. City Clerk Leticia Brysch clarified this statement by stating that the requirement to have the petition circulator witness the signature has always been in place in the Charter; however, it is not very clear, hence the propose change would ensure that anyone reading the Charter can fully understand what their responsibilities are as it relates to the circulation of a petition and its related affidavit. Council Member Capetillo stated that 1,000 seemed attainable for initiative and referendum petitions. He also asked whether the petition signature could be done by a video or camera system; staff responded that the affidavit language will state that the personally witnesses the signatures to ensure that the circulators understand that they must witness the signature in person. 8

15 Council Member McCartney asked what was the time frame for submitting a petition. City Clerk Brysch stated that the timelines for submitting a petition was dictated by stated law and while they law does not state the exact time frames for the entire petition, it does state that a signature becomes invalid after so many days prior to the date the petition is filed. City Manager Leiper stated that those timelines had nothing to do with the submission deadlines to the city. Council agreed that the petition signatures required for an initiative and referendum petition will not be tied to any percentages of prior elections, but instead will be a blanket 1,000 signatures. 16) Recommendation P Section 98 - Power of referendum and Section 62 - Referendum on bond ordinances (Delete): Clarify the definition of a referendum, Authorize Council to determine if a public overture is an initiative or a referendum Increase the referendum time limit from 20 to 365 days after the target ordinance was passed Disallow bond sale and certain other ordinances from a referendum and deleting section 62 Increase required number signatures to 51% of voters at previous contested mayoral election or minimum of 700 Council agreed that the petition signatures required for an initiative and referendum petition will not be tied to any percentages of prior elections, but instead will be a blanket 1,000 signatures. City Manager Leiper stated that another key change to this item is the time limit to file a referendum would change from 20 days to 365 days to allow for the public to review the impact of an ordinance. Council Member McCartney felt that 365 was appropriate. Council Member Hoskins felt that one year was doable; however, he felt 45 to 90 days was more appropriate. Mr. Mike Beard stated that there was a lot of discussion about not having time limits on referendums at all; however, there are financial implications to having an open ended time frame and after a lot of discussion the committee agreed with one year. City Manager Leiper stated that the issue with having an open ended date when there are contracts involved. Many contracts have funding clauses, which could results in issues further down the road. He also stated that this section was clarified to ensure that certain items could not be subject to a referendum, such as bonds, that are not subject now, but was not clearly identified in the Charter. City Manager Leiper also stated that it is important to realize that if there is an item or ordinance that the public really does not agree on and it is passed that year, the public can go through the Council to make those changes. City Manager Leiper stated that referendums should not be the only way to 9

16 bring about change, but instead should be done through the Council. If there is an issue with an item, citizens can make that change through the ballot, through the election of their elected officials. City Manager Leiper stated that another key change in this section is that under State Law, elections are held at the next uniform election date; however, under the recommended changes, the Charter would state that the election would take place at the next Baytown regular municipal election. By making this change, we insure that (1) the elections are cost effective and (2) that the city can procure the necessary election equipment to handle the elections. Mr. Mike Beard also stated that the amendments to this section also clarified and allowed the Council to decide what is an initiative and/or referendum, which was an item of contention in the Red Light Camera lawsuit. Council Member Capetillo asked what was the shelf life of one signature and whatever that number is should be the starting point for a referendum petition timeline? City Manager Leiper stated that state law dictates the shelf life of a signature on a petition, and is somewhere between 140 to 180 days, but further stated that once a petition is certified by the city clerk s office, there were no timelines that would invalidate it. Council Member Capetillo asked whether a cancelled general election would invalidate the opportunity for an initiative or referendum petition election. City Manager Leiper clarified that even if the general election were to be cancelled, a special election could take place, as long as it was on the regular municipal election date. After further discussion, the Council agreed that 365 days seemed an appropriate number for a referendum. 17) Recommendation Q Section 99 - Form of petitions; committee of petitioners Strengthen the witnessing requirements on petition signatures for initiatives, referendums and recalls to lower the potential of fraudulent signatures Make other changes to comply with law After a brief discussion, the Mayor and Council agreed with this item being on the ballot. 18) Recommendation R Section Submission of electors and Section Recall election Require elections for initiative, referendum or recall be held on the next regularly scheduled municipal election date after the Council calls the election. Allowing the required time for DOJ preclearance. City Manager Leiper stated that this recommendation eliminated the special elections outside of the Baytown regular municipal election date; however, he did note that in 10

17 cases of vacancies on Council, we would follow state law and call a special election to fill a vacancy. After a brief discussion, the Mayor and Council agreed with this item being on the ballot. 19) Recommendation S Section Recall petition Require each individual circulated petition for recall have attached a list of the reason(s) why the recall is being requested City Manager Leiper stated that the main change for this item was to include the reason(s) for the recall on the petition. This is currently not a requirement. City Clerk Brysch clarified that this was an issue with the last recall where the reasons noted on the affidavit for the recall did not match what the citizens were being told, so this would help eliminate some of those issues. Also, it would make the petition in line with those in an initiative and referendum where the ordinance related to the petition is attached to each form that is being circulated. City Manager Leiper stated that in the last charter election, the signatures for a recall were changed to make the signature requirements 100% of the votes cast in the last election, so this item was not changed. Mr. Mike Beard, in response to a question from Council Member Capetillo, stated that, the Committee did not consider limiting the reasons for a recall due to the question of who would determine if the reasons were valid or not, and could lead to arbitrary decisions and could be seen as unfair and capricious. Council Member Sheley stated that he felt it was very important that this item be strengthened and clarified to ensure accuracy and accountability. The Mayor and Council agreed with this item being on the ballot. 20) Recommendation T Section Personal interest Clarify that city employees purchases of water, garbage and sewer services are not prohibited contracts between an employee and the city Also modifications are made to comply with state law After a brief discussion, the Mayor and Council agreed with this item being on the ballot. 21) Recommendation U Section Amending the Charter Require regular review of the Charter to respond to changes in state law, technology, culture, etc. Require Council to appoint a Charter Review Committee at least 18 months prior to each city wide election for mayor 11

18 Make administrative efficiency changes to the amendment process Public Survey gave this a 63% favorable vote Mayor DonCarlos stated that he liked the idea of having fresh group of people to work on the Charter Committee every time the Charter has to be reviewed, but wanted to take a look at it so that the Charter stays fresh. City Manager Leiper stated that the proposed amendment does not require that the Council call a Charter election. The Council can call an election within the designated timelines given to us by state law, which is every two years, but it is required that the Council appoint a Charter Review Committee 18 months prior to the mayoral election for them to see if anything needs to be changed or updated. City Manager Leiper also noted that it was staff s recommendation that the charter amendment review and election be on a three year schedule, in order to be in line with the mayor s election, even though per state law the charter can be amended every two years; this is done in order to reduce election cost and not be pressed for time between reviewing the charter and calling the election. Mr. Mike Beard stated that reviewing the Charter continuously will help clean up the Charter, as well as, respond to any legislative changes. Mr. Mike Beard stated in response to a question from Council Member Capetillo regarding how many items needed to be changed in the charter that, the Committee started with 121 items that needed to be changed and after a lot of deliberation decided on bringing forth the 21 items before them; however, there is still a lot of work to be done on the Charter City Manager Leiper stated that there are a number of items that there are a lot of sections in the Charter that are outdated and need to be removed, such as any reference to the City of Pelly, two year terms, etc. He further stated that charter amendment elections are restricted by state law to every two years, so it will take many years to completely clean up the Charter. The Mayor and Council agreed with this item being on the ballot. City Manager Leiper stated that he had 4 items that needed to come before the Council individually, each for a separate vote, and the remaining items will be grouped for the Council to vote on as one item. The individual items are the following: Item B Term Limits Item D Fire Department Staffing Item O Initiatives Item P Referendums Council Member McCartney asked why citizens wouldn t be allowed to change the zoning through an initiative/referendum petition. City Manager Leiper stated that staff 12

19 believed that it would not be appropriate for zoning to be included in the Charter. Council Member McCartney stated that he wanted to know if there was a legal requirement which precluded zoning from being the subject of a referendum or initiative. Council Member Capetillo stated that there is a process in place through the majority vote in Council of six or more in favor to zone an area, and that system seemed to be working well. Mayor DonCarlos stated that he was not in favor of zoning referendums and stated that you could not maintain a zoning system that way. Council Member Capetillo stated that allowing zoning to be subject to a referendum would impact the start dates of contracts, projects and development because there will be no security on the developers side that the zoning is not going to change until after the referendum deadline changes. City Manager Leiper stated that he would check on the state law requirements as it relates to zoning and referendums and what other cities allow zoning to be the subject of a referendum. Council Member Hoskins listed a number of questions from the staff recommendation document listed in Appendix 4 and they are: Q: Page Three, Item Six: should the information include squares? A: We could one day have squares, so we might want to keep it in the language Q: Page 5, Section 8 and 9: states that those annexed to the city must follow all rules, regulations and ordinances? How does this impact a situation such as the one we just had with the last unilateral annexation where we allowed people to not connect to city water and sewer when it was required by the charter? A: It doesn t impact them because Council can pass an ordinance to allow for certain exceptions. Q: Page 5, Section 9: finally acted upon for an annexation to be 14 days from the time of the first publication, is this enough? A: Fourteen is enough because state law limits us to a total number of days that we can work on an annexation, so by limiting the number it allows us to meet that more easily. Q: Item E, Section 12: Should we remove the information regarding the staggered three year term? A: Yes, it does need to be changed, but for this round of amendments it did not rise up to the level of criticality, but could be fixed in future charter amendment elections. 13

20 Q: Item 15: Regarding the election of a Mayor Pro Tem, this is not how we are doing it now? A: We have a rotation every six months, but it is done through an election that is done at Council. The next mayor or pro tem election will be at your June 14 th meeting. Q: Item on Page 8: There is language for he shall, when the position is currently being held by a female, can we not fix the gender? A: This item was corrected through a Charter amendment to the last section of the Charter, which is a catch all for the gender issue. To change the gender issue throughout the Charter, we would have to vote on each one individually to fix them and that would be a lot. Q: Page 9, Section 25: Stated that he did not believe that the City Manager should be able to call a special meeting of the Council. A: Council has the right to make that change; however, the City Manager does call special meetings for emergency situations and it can sometimes be difficult and time critical to be able to call special meetings that take place within the span of a few hours. Q: Page 11, Section 39: Related to the powers of the City Attorney, should it include information related to his overseeing the personnel in the legal department. A: This is included in the City Attorney s job description and doesn t necessarily need to be in the Charter. Q: Page 17, Section 74: Regarding the sending out for bid, by eliminating this section would this allow for favoritism. A: This section will not be changed at this time, but if this item was to be taken to the ballot, staff does recommend that the red lined sections be removed, as we now follow the state purchasing guidelines. Q: Page 30, Section 138: Relating to notifications on the city s website, should we clarify that we have a website? A: We left it open ended like that in case technology changes and the website is replace with another technology, we don t want to stay beholden to it because it is in the Charter. 2. ADJOURN With there being no further business to discuss, Mayor DonCarlos adjourned the June 7, 2012, City Council Regular Work Session at 7:14 P.M. Leticia Brysch, City Clerk City of Baytown 14

21 AIR a. BAYTOWN CITY COUNCIL MEETING Meeting Date: 06/28/2012 Citizen Communication: Jerry Jones. Prepared for: Leticia Brysch Prepared by: Jason Cozza, City Clerk's Office Department: City Clerk's Office Information ITEM Mr. Jerry Jones requests to address Council to present information supporting the need for an industrial noise control ordinance. PREFACE The City Clerk's office received a request to address Council from Mr. Jerry Jones on June 13, A letter notifying Mr. Jones of his placement on the agenda was sent via ground mail on June 21, Both documents are attached for your review. RECOMMENDATION Fiscal Impact Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: Amount Needed: Fiscal Impact (Additional Information): There is no fiscal impact associated with this item. Request to Address Council Letter to Appear Before Council Attachments

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24 AIR b. BAYTOWN CITY COUNCIL MEETING Meeting Date: 06/28/2012 Years of Service Awards - Human Resources. Prepared for: Carol Flynt Department: Human Resources Prepared by: Samantha Villalon, Human Resources Information ITEM Recognize City of Baytown employees for their Years of Service (5, 10, 15 plus years). PREFACE 5 YEARS: Clarence Franks, Wastewater Operator II-Wastewater Treatment, Public Works 25 YEARS: Daniel Woolcock, Patrol Officer, Police 35 YEARS: Jeanne "Camille" Borowiak, Foreman, Parks and Recreation RECOMMENDATION Fiscal Impact Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: Amount Needed: Fiscal Impact (Additional Information): There is no fiscal impact associated with this item. Daniel Woolcock Camille Borowiak Attachments

25 Daniel Woolcock 25 Years of Service Daniel was hired by the Baytown Police Department in May of He went on to receive his basic peace officer certification at the Harris County Sheriff s Department Police Academy, graduating number 1 in his class. Over the next 7 years he worked various patrol shifts answering calls for service and focusing on proactive methods to combat crime. As a Patrol Officer, he was selected by his supervisors to become a Field Training Officer, aiding and evaluating new Officers. In 1994, he transferred to the Detective Bureau where he worked as a criminal investigator, conducting follow up on criminal cases. While assigned to this bureau, Daniel also worked in several other specialty units; Special Operations, Harris County Organized Crime and Narcotic Task Force and the Problem Resolution Team. Daniel has also worked in the traffic unit, responsible for traffic enforcement and accident investigations. He is currently assigned to the Commercial Vehicle Unit where he ensures vehicles transporting various materials within the city abide by state and federal regulations. Daniel has received numerous letters of appreciation, awards and citations for his dedicated service, which includes a Twenty Five Year Honorable Conduct Medal. He has a Bachelor s Degree from Stephen F. Austin University in criminal justice and sociology. He is a certified in accident reconstruction and has an array of commercial vehicle certifications. Daniel currently holds a Master Peace Officer certificate, and has over 4900 hours of training with the Texas Commission on Law Enforcement.

26 Camille Borowiak (Ba-ro-v-ach) 35 Years of Service Camille Borowiak, graduated from Oil City High School in Oil City, Pennsylvania in She moved to Texas in 1972 and to Baytown in Camille joined the City of Baytown ranks as a Park Caretaker in April She was quickly promoted to an equipment operator mowing parks then to heavy equipment operator in 1978, where she operated a slope mower and spray truck for 11 years. During that time, Camille was responsible for scheduling the right of way mowing for the City. Camille was promoted to the Horticulturist foreman in January Camille s foremen duties have changed over the years. She has been in charge of routine maintenance of all parks, and currently oversees all the landscaping and horticultural needs including the operation of the Department s Tree Farm. Maintaining all the newly planted medians and is responsible for the mowing of all the city s 125 miles of right of ways and ditches. Camille is also responsible for the spray truck and the pesticide control along the roadsides and in parks. Camille graduated from Lee College with two Associates Degree s one in Horticulture and another in Management in Camille has been a Texas Nursery and Landscape Association member for 20 years and is a Master Nurseryman. Camille has been married to her husband Eddie for 39 years, and has one daughter Josie and one granddaughter Gabriella.

27 AIR c. BAYTOWN CITY COUNCIL MEETING Meeting Date: 06/28/2012 Employee and Team of the Month - Human Resources. Prepared for: Carol Flynt Prepared by: Samantha Villalon, Human Resources Department: Human Resources Information ITEM Present the May 2012 Employee and Team of the Month. PREFACE MAY EMPLOYEE OF THE MONTH - Corporal Heather Shedd MAY TEAM OF THE MONTH - Joel Willie, Emilio Garza, Jose Barbosa, Andrew Lopez, Mike Villalon, Lupe Montalvo, Jessie Parent, Abel Leal, Aaron Chance, Sherlon Reid, James Earl Williams, David Holland, Adrian Soto, Kelvin Chenevert and Lynette Watkins RECOMMENDATION Fiscal Impact Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: Amount Needed: Fiscal Impact (Additional Information): There is no fiscal impact associated with this item. Employee of the Month Team of the Month Attachments

28 Heather Shedd I am writing this recognition letter about an Officer that I believe goes above and beyond her duties as a Patrol Officer. Officer/Corporal Heather Shedd has been employed with the Baytown Police Department since 1998 and knowing her and becoming a co-worker and a friend since 2000, she has shown time and time again that she is an Outstanding Police Officer and is an extreme asset not only to her co-works but to the citizens of the City of Baytown. She is thorough in every case / call she is assigned to handle no matter the nature of the call. It could be an accident, a robbery, a well fare concern or even a citizen s assistance call. She is always positive in every call she has to handle and takes pride in how she handles her calls. On May 10, 2012 she was dispatched to a welfare concern. A family member advised they had not seen or heard from a relative in several days. Family members had gone to the residence of the missing man, but there was no answer at the door or by phone. Corporal Shedd had Baytown Dispatch check our local jail and the Harris County jail to make certain he was not there. She knocked but there was no answer and one of his vehicles was missing as well. She then asked for a key to the missing man s apartment and attempted to unlock the door, but it had been locked from the inside. Subsequently Corporal Shedd gained entry into the residence and located the missing man lying on the living room floor. The missing man, who has an amputated left leg, had fallen down and could not get himself back up or get to a telephone. Corporal Shedd advised he was breathing rapidly but was unresponsive. Baytown EMS and Fire arrived and transported him to the hospital. Corporal Shedd also contacted Baytown Animal Control to take custody of the two small dogs until he could pick them up when he was released from the hospital. Corporal Shedd, took this case very seriously and made more than one attempt to locate this missing man. I have no doubt in my mind, if she had not gained entry into the apartment, this man may not be alive today. Corporal Shedd has always shown Leadership, Competence, Teamwork, Service, Respect and most importantly the Integrity of being an outstanding Police Officer and this is why I nominate her for Employee of the Month.

29 CITY OF BAYTOWN TEAM RECOGNITION NOMINATION FORM OUTSTANDING ACHIEVEMENT DURING THE MONTH OF May Team Nominee Information Names: PW s Joel Willie, Emilio Garza, Jose Barbosa, Andrew Lopez, Mike Villalon, Lupe Montalvo, Jessie Parent, Abel Leal Joel Willie, Emilio Garza, Jose Barbosa, Andrew Lopez, Mike Villalon, Aaron Chance, Sherlon Reid, Earl Williams BPD David Holland Adrian Soto Kelvin Chenevert Lynette Watkins Job Titles: Division/Department(s): Public Works and Police Dept. Division Director(s): Darryl Fourte and Keith Dougherty Please check the Core Values below that apply to this nomination. x Leadership - X Competence - x Teamwork - Integrity - x Service - Respect - We show others the way. Know your job. Set, live and enforce high standards. Provide feedback and take initiative. Operate in the spirit of continuous improvement. We do the job right. Understand the facts, develop options and make recommendations. Demonstrate knowledge, discipline and efficiency in performing all aspects of our job. We work together. Support one another. Build a positive climate within the department and across the organization. Present a united front. We are responsible. Do the right thing. Be honest, truthful and consider the trust that the citizens have given us. Take responsibility for our actions. We listen and respond. Exceed expectations using customer-focused judgment. Deliver on promises. Develop customer-friendly solutions. We care. Communicate with courtesy. Treat others with fairness. Appreciate diversity. Value others by listening. Detail in the box below their accomplishments this month. The City of Baytown s Public Works Department became the first city in the state of Texas to convert from using high pressure sodium lights that required high energy usage, typically had a short life span coupled with high maintenance and installed LED highway lighting on its triangle highway system. The new LED lights are by far more energy efficient lights. The Public Works Department/Traffic Division installed 350 new LED lights on portions of Interstate 10, Highway 146 and Spur 330 traffic corridors through the City of Baytown. The $350,k project was completed in April of 2012 several weeks ahead of schedule. The Public Works Department is proud to lead the way in such an important cost-savings project. The LED light project vastly improves driver visibility and enhances motorist safety and reduced electricity rates by 65-80% in the highway areas where the LED s were installed.

30 This project was also awarded the APWA Texas Chapter Sustainability Practices Award To recognize individuals, teams or organizations that have made outstanding contributions to promote sustainability in public works. Sustainability is accomplished by the efficient delivery of infrastructure in an environmentally and socially responsible way that ensures the best choice in the long term. Nominator Information Name: Kevin Harvill Job Title: Assistant Director Department: Public Works Date: Phone Number: X 7180 Division: Submit this form to the Human Resources Department, attn: Samantha Villalon If you have questions about completing this form, please call Samantha at (281)

31 AIR d. BAYTOWN CITY COUNCIL MEETING Meeting Date: 06/28/2012 Recognition: Baytown Public Works Department Receives the 2012 Texas Chapter Sustainability Practices Award. Prepared for: Darryl Fourte Department: Public Works Prepared by: Leticia Brysch, City Clerk's Office Information ITEM Recognize the City of Baytown Public Works Department as recipients of the 2012 Texas Chapter Sustainability Practices Award from the Texas Chapter American Public Work's Association for the LED Highway Lighting Project. PREFACE The City of Baytown s Public Works Department has been awarded the Sustainability Practices award from the Texas Chapter of the American Public Work's Association for the LED Highway lighting project that was recently completed. The purpose of this award is to recognize individuals, teams or organizations that have made outstanding contributions to promote sustainability in Public Works. Sustainability is accomplished by the efficient delivery of infrastructure in an environmentally and socially responsible way that ensures the best choice in the long term. RECOMMENDATION Fiscal Impact Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: Amount Needed: Fiscal Impact (Additional Information): There is no fiscal impact associated with this item.

32 AIR e. BAYTOWN CITY COUNCIL MEETING Meeting Date: 06/28/2012 Recognition: Waste Management Crew for Exceptional Customer Service. Prepared for: Ron Bottoms Prepared by: Leticia Brysch, City Clerk's Office Department: City Management Information ITEM Recognize members of a Waste Management crew for the exceptional customer service provided to our community. PREFACE Mr. Dodson, an 83 years old Baytown resident submitted his gratitude to the Baytown Public Works Department for the support and help he received from a Waste Management crew (truck #309143) made up of Mr. Joel Haro, driver, Sergio Aldrete, crew member and a third individual that has since then moved out of state. Mr. Dodson rents a garage apartment and his tenant had recently moved out leaving a huge mess for him to deal with. He rallied the help of some friends that spent two days cleaning out the vacant apartment. Mr. Dodson purchase two new garbage cans and very heavy-duty garbage bags, in order to neatly stack the fifteen to twenty bags of debris by the curb for trash pickup. The following morning, Mr. Dodson woke to find that to his horror his meticulously-arranged bags and cans had been rummaged through and all the contents were scattered over his entire lawn, and his two new cans had been stolen. Unfortunately, it was obvious to Mr. Dodson that the scoundrel who did this was of the two-legged variety. Near tears, he began to gather the trash and put them back into bags. In doing so, he tripped twice and fell once, injuring his arm. Mr. Dodson then looked up to find that there was a Waste Management truck near his home and the driver asked if he could help Mr. Dodson with anything. Mr. Dodson explained what had happened, and the driver told him that he had to finish his route, but once he was done, he would come back to clean up the mess. Not believing that the driver would actually come back and help him, Mr. Dodson continued to clean up. To his amazement, the truck returned a few minutes later. The three workers climbed down, started grabbing stuff, and throwing it in the truck. They told Mr. Dodson not to worry and that they would take care of the mess, which they did. When they left Mr. Dodson's home, there were no signs of the strewn debris.

33 Mr. Dodson, as well as, the City of Baytown is very grateful to this crew for their great act of kindness and exhibiting the City of Baytown Core Values as one of our valued contractors. RECOMMENDATION Fiscal Impact Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: Amount Needed: Fiscal Impact (Additional Information): There is fiscal impact associated with this item.

34 AIR a. BAYTOWN CITY COUNCIL MEETING Meeting Date: 06/28/2012 Consider Amending the Curbside Recycling Agreement and Residential Solid Waste Collection and Disposal Services Contract - Administration. Prepared for: Robert D. Leiper Prepared by: Karen Horner, Legal Department: Legal Information ITEM Consider an ordinance authorizing an amendment to the Curbside Recycling Agreement and Residential Solid Waste Collection and Disposal Services Contract with Waste Management of Texas, Inc., to upgrade the recycling collections services and to extend the terms of the such contracts. PREFACE The proposed ordinance authorizes an amendment to the Curbside Recycling Agreement and Residential Solid Waste Collection and Disposal Services Contract with Waste Management of Texas, Inc., to upgrade the recycling collections services and to extend the terms of the such contracts. Generally, the amendment: extends the term of the agreements until September 30, 2017; provides for four additional one-year renewals; effective October 1, 2012, changes the base rates to a combined rate of $13.84, which rate is subject to both a annual CPI-U adjustment and a quarterly fuel adjustment; and adds definitions of the polycart and small polycart containers. Waste Management will provide the new recycling carts on or before July 15, The carts will remain the property of Waste Management and the City will be responsible for damages to the cart, except for normal wear and tear and damages caused by Waste Management. This item supports the City's vision of creating a community of which we can all be proud. RECOMMENDATION Staff recommends approval. Fiscal Impact

35 Fiscal Year: FY 2013 Acct Code: Sanitation Fund Source of Funds (Operating/Capital/Bonds): Operating Funds Budgeted Y/N: Amount Needed: $3,128,000. Fiscal Impact (Additional Information): The rate adjustment is effective October 1, The budget for expenditures related to this contract amendment will be included in the Sanitation Fund for Fiscal Attachments Ordinance - Waste Management Amendment Exhibit A - Waste Mangement Amendment

36 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN AMENDMENT TO THE CURBSIDE RECYCLING AGREEMENT AND RESIDENTIAL SOLID WASTE COLLECTION AND DISPOSAL SERVICES CONTRACT WITH WASTE MANAGEMENT OF TEXAS, INC.; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED THREE MILLION ONE HUNDRED TWENTY-EIGHT THOUSAND SIX HUNDRED FIFTEEN AND 04/100 DOLLARS ($3,128,615.04); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ************************************************************************************* BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the City Manager to execute and the City Clerk to attest to an Amendment to the Curbside Recycling Agreement and Residential Solid Waste Collection and Disposal Services Contract with Waste Management of Texas, Inc. A copy of the contract is attached hereto as Exhibit A and made a part hereof for all intents and purposes. Section 2: That the City Council of the City of Baytown authorizes payment to Waste Management of Texas, Inc., in an amount not to exceed THREE MILLION ONE HUNDRED TWENTY- EIGHT THOUSAND SIX HUNDRED FIFTEEN AND 04/100 DOLLARS ($3,128,615.04) in accordance with the contract authorized in Section 1 hereof. Section 3: That in addition to the amount specified in Section 2 hereof, the City Manager is hereby granted general authority to approve a decrease or an increase in costs by FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) or less, provided that the amount authorized in Section 2 hereof may not be increased by more than twenty-five percent (25%). Section 4: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 28 th day of June, ATTEST: STEPHEN H. DONCARLOS, Mayor LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney \\Cobfs01\legal\Karen\Files\City Council\Ordinances\2012\June 28\Amendment2RecyclingAgreement&SolidWasteDisposalContract.doc

37 Exhibit "A" AMENDMENT TO THE CURBSIDE RECYCLING AGREEMENT AND RESIDENTIAL SOLID WASTE COLLECTION AND DISPOSAL SERVICES CONTRACT This Amendment to the Curbside Recycling Agreement and Residential Solid Waste Collection and Disposal Services Contract is entered into as of the day of, 2012, by and between the CITY OF BAYTOWN, TEXAS, ( City ) and WASTE MANAGEMENT OF TEXAS, INC. ( Contractor ), a Texas corporation. WHEREAS, the City and Contractor have heretofore entered into a certain Curbside Recycling Agreement ( Recycle Contract ), which took effect on or about June 1, 2008, whereby Contractor was granted the exclusive right to provide collection, transportation and delivery of residential recyclable materials within the City to a licensed recycling center, as more particularly set forth in the Contract; and WHEREAS, the City and Contractor previously entered into a Residential Solid Waste Collection and Disposal Services Contract, which took effect or on about August 4, 2005, where Contractor was granted the exclusive right to provide collection and disposal of the City s residential solid waste ( Waste Contract ); and WHEREAS, the City and Contractor desire to upgrade the recycling collections services under the Recycle Contract, to extend the term of both the Recycling and Waste Contract, and make other modifications, as more particularly set forth below. NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and confessed, the parties hereto agree as follows: A. Modifications Applying to both the Recycle Contract and the Waste Contract: 1. The Term provisions in both Article III of the Recycle Contract and in Sections and of the Waste Contract are superseded and replaced with the following language: The term of the Contract shall be extended to September 30, The parties shall have the right to renew the Contract on the same terms and conditions subject to any allowable CPI and/or fuel adjustments, if any, permitted herein for up to four additional one-year consecutive terms if mutually agreed to by both parties in writing at least one hundred eighty (180) days before the expiration of the then current Contract term. 2. The Compensation language contained in Section 4.01 of the Waste Contract and the Compensation language contained in Section 5.02 and in the first sentence of Section 5.01 of the Recycle Contract is superseded and replaced by the following language: Base Rates. Contractor will charge a total of $13.84 per month for the waste collection and recycling services for each Residential Unit beginning on October 1, 2012 ( Commencement Date ), the date that Contractor expects to have delivered Recycling 1

38 Carts to all Residential Units. This $13.84 per month Base Rate shall remain in effect through September 30, Contractor shall tender an invoice to the City along with a report evidencing the work which was performed on a monthly basis, which invoice shall include the last full week of each month. The City shall pay Contractor for the services performed by check, ACH debit, or wire transfer within thirty days of its receipt of the invoice or the invoiced services, whichever is later. CPI Adjustment. Base Rates charged by Contractor for services will be adjusted by either party upon at least sixty (60) days advance written notice to the other party for changes in the CPI (as hereinafter defined) on an annual basis. Beginning on October 1, 2013, and continuing annually on each anniversary date of the Commencement Date of this Agreement, Base Rates for services shall be adjusted by either party upon sixty (60) days advance written notice to the other party by seventy-five percent (75%) of the percentage change in the Consumer Price Index, All Urban Consumers for the Houston- Galveston-Brazoria Area, Base Period = 100 (published by the United States Bureau of Labor Statistics, Consumer Price Index) (the C.P.I. ) during the twelve (12) month period that began sixty-four (64) days before the Commencement Date, and in subsequent years the twelve month period that begins sixty-four (64) days before the anniversary date. In the event the U.S. Department of Labor, Bureau of Labor Statistics ceases to publish the C.P.I., the parties hereto agree to substitute another equally authoritative measure of change in the purchasing power of the U.S. dollar as may be then available so as to carry out the intent of this provision. Fuel Adjustment. Every calendar quarter, the base rates shall be subject to a fuel adjustment if requested by the Contractor as follows: a one percent (1%) adjustment for every twenty cent ($0.20) increase/decrease in the price of diesel fuel above/below $3.80 per gallon (with a 1% surcharge beginning at $4.00 per gallon and a 2% surcharge at $4.20 per gallon, with a 1% decrease beginning at $3.60 per gallon, etc.); provided however, any increase/decrease shall not exceed five percent (5%) in any given City budget year. The diesel fuel price shall be as determined by reference to the Energy Information Administration of the US Department of Energy ( EIA/DOE ) s Weekly Retail On Highway Diesel Prices for the Gulf Coast. The EIA/DOE currently publishes these prices on its website at the following location: The determination of the average price of diesel fuel from the aforesaid website shall be made on the first Monday prior to the end of the quarter (or the first business day thereafter if such Monday is a Federal Holiday). B. Modifications Applying to the Recycle Contract Only 1. The following definitions are hereby added to the Recycle Contract: a. Polycart: A rubber-wheeled receptacle with a maximum capacity of gallons constructed of plastic, metal and/or fiberglass, designed for automated or semi-automated solid waste collection or recycling systems, and having a tight-fitting lid capable of preventing entrance into the container by small 2

39 animals. The weight of a Polycart and its contents shall not exceed 175 lbs. b. Small Polycart: A rubber-wheeled receptacle with a maximum capacity of gallons constructed of plastic, metal and/or fiberglass, designed for automated or semi-automated solid waste collection or recycling systems, and having a tight fitting lid capable of preventing entrance into the container by small animals. The weight of a Small Polycart and its contents shall not exceed 110 lbs. 2. The definition of the term Recycling Container in the Recycle Contract is hereby modified as follows: Recycling Container: A Polycart, a Small Polycart and/or a plastic receptacle, designed for the purpose of curbside collection of Recyclable Materials, with a capacity of approximately 18 gallons. Sections 4.7 and 4.8 of the Recycle Contract are hereby superseded and replaced with the following language: a. Contractor shall provide once per week collection of Recyclables placed in each Residential Unit s designated Recycling Container. Contractor shall not be required to collect Recyclable Materials if the Customer does not segregate the Recyclable Materials from the remainder of the Residential Waste. Each Residential Unit customer shall place its Recycling Container for collection in a location that is readily accessible to Contractor and its collection equipment, not to exceed three (3) feet from the curb or edge of the travel portion of the street, road or alley, and not to be located in a manner that will block a driveway or mailbox or otherwise inhibit proper servicing. The City shall aid Contractor in resolving problems of its Recycling Container location by the Customer; however, Contractor remains responsible for the resolution of all such problems. b. Contractor shall collect Recyclables on established collection days, as approved in writing by the City, with the following exceptions: Thanksgiving Day, Christmas Day, and New Year s Day. Collections not made on those days shall be deferred until the regular collection day. c. Contractor will provide each Residential Unit with one Polycart to use for recyclable materials on or before the Commencement Date, so long as this Amendment is signed by the City no later than July 15, Contractor will offer a Small Polycart to those Residential Unit customers who contact the City and request a Small Polycart, which request the City must then approve. The City will then provide Contractor, in writing, the address of the Residential Unit that is approved to use a Small Polycart, and the Contractor will deliver the Small Polycart to that Residential Unit. Contractor will provide the City with one hundred (100) Small Polycarts for use by those Residential Unit(s) that the City approves for use of a Small Polycart. d. The Polycarts and Small Polycarts furnished by the Contractor hereunder shall remain the property of Contractor. The Polycarts and Small Polycarts shall 3

40 remain at the location of the Residential Unit where delivered by Contractor. The Residential Unit customer shall be responsible for all loss or damage to the Polycarts and Small Polycarts, except for normal wear and tear or for loss or damage resulting from Contractor s handling of the Polycarts and Small Polycarts. Any Polycart or Small Polycart removed from a Residential Unit shall be deemed lost, and Contractor shall be entitled to compensation by the City therefor. The customer shall not overload (by weight or volume) a Recycling Container, the lid of a Polycart or Small Polycart must be able to close, and shall use the Recycling Container only for its proper and intended purpose. Additional Recycling Containers are available for residential customers at an additional charge to be paid by the customer. In the event a Polycart or Small Polycart should be lost or damaged, Contractor agrees to replace such lost or damaged Polycart or Small Polycart with a new Polycart or Small Polycart, at actual cost, which shall not to exceed $60.00 to the City. C. Modifications Applying to the Waste Contract Only 1. Section 6.01, the Indemnity provision, contained in the Waste Contract is hereby superseded and replaced by the Indemnity language in Section 6.03 of the Recycle Contract. 2. The following language is hereby added to the Waste Contract: The City and Contractor acknowledge that the City has the right to contract with any entity it chooses for the collection, handling, and/or disposal of brush, garbage, heavy trash, or yard waste ( Disaster Debris ) that is generated as a result of a Disaster, as defined in the City s Code of Ordinances, Part II, Chapter 22, Section The parties acknowledge that the collection of Disaster Debris falls outside the scope of this Contract, except that Contractor will collect Disaster Debris that a Residential Unit properly places in approved residential waste containers as defined in Section 86-1 of the Code of Ordinances, Baytown, Texas, and sets curbside to the extent that such Disaster Debris collection does not unreasonably impede, modify, or hinder Contractor s normal collection route times and staffing. The Termination Without Cause provision in Section of the Waste Contract is hereby deleted in its entirety to be consistent with the termination language in the Recycle Contract. A termination of one Contract shall be deemed to be a termination of the other. D. Unless otherwise defined or specified in this Amendment, terms used in this Amendment shall have the same meaning as provided in the Contract. The term Contract as used herein shall be deemed to mean Agreement as that term is used in the Curbside Recycling Agreement. The parties agree that the terms of this Amendment are in addition to the terms of the Contract. Nothing contained in this Amendment shall be deemed to amend or modify the Recycle Contract or the Waste Contract, except as expressly set forth in this Amendment. In the event of any conflict between the terms of the Contract and this Amendment, the terms of this Amendment shall control. 4

41 IN WITNESS WHEREOF, this Amendment has been executed as of the date first set forth above. CITY: CONTRACTOR: CITY OF BAYTOWN WASTE MANAGEMENT OF TEXAS, INC. By: By: Its: Its: \\Cobfs01\legal\Karen\Files\Contracts\Waste Management\baytown amend v Final.doc 5

42 AIR b. BAYTOWN CITY COUNCIL MEETING Meeting Date: 06/28/2012 Consider Authorizing an Advance Funding Agreement with the State through the Texas Department of Transportation for the Veterans Memorial H Prepared for: Robert D. Leiper Prepared by: Karen Horner, Legal Department: City Management Information ITEM Consider an ordinance authorizing an advance funding agreement with the State through the Texas Department of Transportation for the Veterans Memorial Highway Sign Installation Project. PREFACE The proposed ordinance authorizes an advance funding agreement with the State through the Texas Department of Transportation ("TxDOT") for the installation of two signs designating the Veterans Memorial Highway. The signs will be installed along Spur 300 from south of IH 10 to West of SH 146. Pursuant to the agreement, the City will participate in the project by contributing 100% of the cost of the improvements, which is estimated to be $4,388, including construction, engineering and contingencies. This estimated amount will be tendered to TxDOT prior to its receipt of construction bids. If additional monies are necessary for the installation of the signs, TxDOT will notify the City and the City is required to remit the additional funds. At the end of the project, if there are any funds that the City has paid in excess of the actual project costs, such funds will be applied to another advanced funding agreement This item supports the City's vision of creating a community of which we can all be proud. RECOMMENDATION Staff recommends approval. Fiscal Impact Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Operating Funds Budgeted Y/N:

43 Amount Needed: $4,388. Fiscal Impact (Additional Information): Ordinance - Advanced Funding Exhibit A - Advanced Funding Attachments

44 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN ADVANCE FUNDING AGREEMENT WITH THE STATE OF TEXAS THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE INSTALLATION OF TWO SIGNS DESIGNATING THE VETERANS MEMORIAL HIGHWAY; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED FOUR THOUSAND THREE HUNDRED EIGHTY-EIGHT AND NO/100 DOLLARS ($4,388.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ****************************************************************************** BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the City Manager to execute and the City Clerk to attest to an advance funding agreement with the State of Texas through the Texas Department of Transportation for the installation of two signs designating the Veterans Memorial Highway. A copy of said agreement is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. Section 2: That the City Council of the City of Baytown authorizes payment to the Texas Department of Transportation in an amount not to exceed FOUR THOUSAND THREE HUNDRED EIGHTY-EIGHT AND NO/100 DOLLARS ($4,388.00) in accordance with the contract authorized in Section 1 hereof. Section 3: That in addition to the amount specified in Section 2 hereof, the City Manager is hereby granted general authority to approve a decrease or an increase in costs by FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) or less, provided that the amount authorized in Section 2 hereof may not be increased by more than twenty-five percent (25%). Section 4: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 28 th day of June, ATTEST: STEPHEN H. DONCARLOS, Mayor LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney \\Cobfs01\legal\Karen\Files\City Council\Ordinances\2012\June 28\AdvancedFundingAgreement4Signs4VeteransMemorialHighway.doc

45 Exhibit "A"

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52 AIR c. BAYTOWN CITY COUNCIL MEETING Meeting Date: 06/28/2012 Consider the Amendment to the Municipal Maintenance Agreement with TxDOT for Additional Mowing and Litter Control Maintenance on Spur 330 a Prepared for: Robert D. Leiper Prepared by: Karen Horner, Legal Department: City Management Information ITEM Consider an ordinance authorizing an amendment to the Municipal Maintenance Agreement with the Texas Department of Transportation for additional mowing and litter control maintenance on Spur 330 and State Highway 146. PREFACE This proposed ordinance authorizes an amendment to the Municipal Maintenance Agreement with the Texas Department of Transportation ("TxDOT") for additional mowing and litter control maintenance on Spur 330 and State Highway 146. In consideration of the City's performing mowing and litter control services, TxDOT will reimburse the City for up to three mowing cycles per year (May, July and October) and up to twelve litter cycles per year (monthly). Reimbursement will be made based upon the average 2012 rates for mowing and litter cleanup in Harris County, which is $37.00/acre for mowing and $12.00/acre for litter control. The City will perform these services for a minimum of 5 years after that time the City can terminate the agreement without cause. TxDOT may terminate the agreement at any time without cause. This item supports the City's vision of creating a community of which we can be proud. RECOMMENDATION Staff recommends approval. Fiscal Impact Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N:

53 Amount Needed: Fiscal Impact (Additional Information): Proceeds from this amendment will be credited to the general fund. Attachments Ordinance - Amendment to Municipal Maintenance Agreement Exhibit A - Amendment to Municipal Maintenance Agreement

54 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE MUNICIPAL MAINTENANCE AGREEMENT WITH THE STATE OF TEXAS THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR ADDITIONAL MOWING AND LITTER CONTROL MAINTENANCE ON SPUR 330 AND STATE HIGHWAY 146; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ****************************************************************************** BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes the City Manager to execute an Amendment to the Municipal Maintenance Agreement with the State of Texas through the Texas Department of Transportation for additional mowing and litter control maintenance on Spur 330 and State Highway 146. A copy of said amendment is attached hereto as Exhibit A, and incorporated herein for all intents and purposes. Section 2: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 28 th day of June, ATTEST: STEPHEN H. DONCARLOS, Mayor LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney \\Cobfs01\legal\Karen\Files\City Council\Ordinances\2012\June 28\TxDOTMunicipalMaintenanceAmendment4AdditionalMowing&LitterControl.doc

55 Exhibit "A"

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58 AIR d. BAYTOWN CITY COUNCIL MEETING Meeting Date: 06/28/2012 Consider Designating Portions of SH 146 in Chambers County near Convenience Stores and Restaurants as No Parking Zones - Public Works. Prepared for: Darryl Fourte Prepared by: Karen Horner, Legal Department: Public Works Information ITEM Consider an ordinance amending Chapter 94 "Traffic and Vehicles," Article IV "Specific Street Regulations," Section "Schedules enumerated" to amend Schedule VIII "Designation - No Parking Zones" to designate portions of State Highway 146 within the City in Chambers County as no parking zones. PREFACE This proposed ordinance amends Chapter 94 "Traffic and Vehicles," Article IV "Specific Street Regulations," Section "Schedules enumerated" to amend Schedule VIII "Designation - No Parking Zones" to designate portions of State Highway 146 within the City in Chambers County as no parking zones. The City received concerns regarding the safety of drivers exiting convenient stores and restaurants along State Highway 146, where oversize trucks (18 wheelers) are parking on the shoulder of the highway. The vehicles are blocking the view of the drivers exiting these establishments and it was suggested that the City of Baytown seek establishing a No Parking Zone along the highway. The Texas Department of Transportation (TxDOT) and Chambers County have been contacted and were provided a site map of the locations in question. TxDOT has agreed with the request pending the City s ordinance approval and site visit of sign installation locations. Additionally, Chambers County stated that this is an "excellent policy to implement" and wishes to continue with future expansion. The Development Review Committee reviewed this request on May 30, 2012, and no opposition was stated. The Planning and Zoning Commission considered this request at its meeting on June 19th and recommended approval. RECOMMENDATION

59 Staff recommends approval. Fiscal Impact Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: Amount Needed: Fiscal Impact (Additional Information): There is no fiscal impact associated with this item. Ordinance - No Parking Exhibit A - No Parking Zones Attachments

60 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 94 TRAFFIC AND VEHICLES, ARTICLE IV SPECIFIC STREET REGULATIONS, SECTION SCHEDULES ENUMERATED, SCHEDULE III DESIGNATION NO PARKING ZONES TO DESIGNATE NO PARKING ZONES" ALONG PORTIONS OF STATE HIGHWAY 146 WITHIN THE CITY IN CHAMBERS COUNTY; REPEALING ORDINANCES INCONSISTENT HEREWITH; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO/100 DOLLARS ($200.00) FOR EACH VIOLATION; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. ********************************************************************************* BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That Chapter 94 Traffic and Vehicles, Article IV Specific Street Regulations, Section Schedules enumerated, Schedule III Designation No Parking Zones of the Code of Ordinances, City of Baytown, Texas, is hereby amended to designate the following as no parking zones: 1. Near 7010 N. Hwy. 146 #100 Subway, 7010 N. Hwy. 146 # 130 Exxon Food Mart, 7010 N. Hwy. 146 # 140 Tamale Ranch Northeast property corner of 7010 N. Hwy 146 to Southeast property corner of 7010 N. Hwy Near 7630A N. Hwy. 146 Dillon Donuts 135 north of the right-of-way line of Sterling Dr. on the east side of N. Hwy 146 to 60 south of the northwest corner of 5 TR 66-0, Wm Bloodgood 3. Near 7930 N. Hwy. 146 Shipley Donuts Southwest corner of Reserve B Country Meadows No. 5 to 128 south of the right-of-way line of Country Squire Blvd on the east side of N. Hwy N. Hwy. 146 Taco Bell / KFC 46 north of Old Needlepoint right-ofway line on the east side of N. Hwy 146 to 50 south of the right-of-way line of Pine Meadows Blvd on the east side of N. Hwy 146

61 N. Hwy. 146 Chevron 100 south of the right-of-way line of El Chaco Dr. on the west side of N. Hwy 146 to 85 south of the northeast property corner of 7105 N. Hwy N. Hwy. 146 Sam s Express 174 south of the right-of-way line of Gloria Dr. on the west side of Hwy 146 to 77 north of 8305 N. Hwy 146 property line N. Hwy. 146 Raceway 228 south of the south property line of 8829 N. Hwy 146 on the west side of N. Hwy 146 to 40 south of the south property line of 8835 N. Hwy 146 on the west side of N. Hwy N. Hwy. 146 Baytown Seafood 8841 N. Hwy 146 Sonic 40 south of the south property line of 8835 N. Hwy 146 on the west side of N. Hwy 146 to South property line of I-10 E. Such zones are depicted in Exhibit A, which is attached hereto and incorporated herein for all intents and purposes. Section 2: The Director of Public Works is authorized and directed to cause the placement of the proper signs to be posted at the above-described locations. Section 3: It shall be unlawful for a driver of a vehicle to disobey the instructions of the signs placed in accordance with the provisions of this ordinance, unless at the time otherwise directed by a police officer. Section 4: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. 2

62 Section 5: If any provisions, section, exception, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end all provisions of this ordinance are declared to be severable. Section 6: Any person who shall violate any provision of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than ONE AND NO/100 DOLLAR ($1.00) nor more than TWO HUNDRED AND NO/100 DOLLARS ($200.00). Section 7: This ordinance shall take effect from and after ten (10) days from its passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the official newspaper of the City of Baytown at least twice within ten (10) days after passage of this ordinance. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 28 th day of June, ATTEST: STEPHEN H. DONCARLOS, Mayor LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney \\Cobfs01\legal\Karen\Files\City Council\Ordinances\2012\June 28\NoParkingZonesAlongSH146NChambersCounty.doc 3

63 INTERSTATE 10 D ER IH 10 HY IH 10 HY IH 10 HY Exhibit "A" FE E 0 HY IH 1 IH 10 HY FEEDER IH 10 HY IHER ED 1 0 HY FE E ED E F R _ ^ _ ^! (! (! (! ( " _ ^ BIR C WHH IT E P IN C IR E LN N SH 146 H WY DR N SH T S CT LN HS LE C X FO ST EA G T PE LIC ST E R ST DR LN GO LD OW L N LN SWA D LN KB IR E ST ST DR LD E AK ER P T CH S R PAT BR IA BL AC TO N ST S IE IE W KF D E BLV ST A LL MN F FO RE OO HU NT AR V CE D BR CO UN Q UIR TRY S AU TU U CT N CT H RD FIN C LN WIN DR YO N MA R ST STE R LIN G GE OR DR T GE S T UR D CO OO D STE R " LIN G DR! ( M AP LO NE WIL L PIN E OA K R AK D OW O R OW D DR HO LL LO NG ST FO RE LO ST LE SW EE LN " LN T GUM LN CE S A WA LL EH U R ST LN IRO N LE AF PIN C AL ER O T _ ^ Legend SCALE 1" = 600 ST " " ST ST OC K AWA TON K BA NN ST HO PI OOK CH IN DR HA C O DR " NO RA SO NO CR LA S DS D R ME S D LN EL C WO O SO WOO U BAYO _ ^ (! ST "! ( _ ^ " T Prop. No Parking Sign Convenience Store Restaurant Chambers Parcels CityLimits Note: Proposed No Parking Signs will be installed approx. 250 ft from Convenience Stores and Restaurants driveways. N AN L IB O BE AV OO D CIT RU DR EL RE DW R DR F ST C A NE AL DE LN E RRY C KC H LBNL A NL EA R SU GA GR EE O RN CL E K HAW B LA C LA NE VD S BL DR E C IR Y RU ST BU SH AW TH T A NA LA NT AR C W LPNO PU L CA N LO TE H EH IP LIT TL N UM L D PL SA N D OW T NA C UR RC Y JA CA R SA LM O LN DR A EY PE UE OT TE R C IR PIN E R OW D L SH W LY NN DR BU C BL DR H OL L S IN G R C RGODS KSSSIN SOCOO KR OB LY NN W OO D DR K EY E LA CL E WO OD BR O W RT COU LO E W IL WH IT W C IR L! ( L EA F O OD AY NS W RD IT TL E SO UT H CIR CL E DR " N ST T UT S K ER N MO C ME A PIN E RAV E " " GR EE IR LN ER F " E LN _ ^ MO R IA D R N CE L GL OR! ( ST SP RU " IR PAL M C OL D T RD P O IN LE N EE D PIN E EV ER SY CA " SILV 146 H WY SH 14 6 "

64 AIR e. BAYTOWN CITY COUNCIL MEETING Meeting Date: 06/28/2012 Consider Authorizing Contract for Design Services Regarding City Hall Council Chamber Renovation Project - Engineering. Prepared for: Jose Pastrana Prepared by: Linda Newsted, Engineering Department: Engineering Information ITEM Consider an ordinance authorizing a professional service contract with Pierce Goodwin Alexander & Linville, Inc., for design services for City Hall Council Chamber Renovation Project. PREFACE This proposed ordinance authorizes a professional services contract with Pierce Goodwin Alexander & Linville, Inc., for design of the City Hall Council Chambers Renovation Project, in an amount not to exceed $65,650. This project includes 2,389 square feet of renovations to the council chamber of the existing City Hall. The renovation includes: (1) a new raised dais, (2) new seats for council members, and (3) a fixed desk seating below the dias for staff members, as well as, accommodations for new monitors and existing microphones. The walls behind dias will be reconfigured to increase the amount of usable space in the Council Chamber and will incorporate: (1) a new design, (2) new carpet, (3) base, (4) paint, (5) fabric panels and (5) ceiling tiles to the extent the budget will allow. This item supports the City's vision of creating a community of which we all can be proud. RECOMMENDATION Staff recommends approval. Fiscal Year: Acct Code: Fiscal Impact PBSF0750

65 Source of Funds (Operating/Capital/Bonds): CIPF Funds Budgeted Y/N: Y Amount Needed: $65,650. Fiscal Impact (Additional Information): Ordinance - PGAL Exhibit A - PGAL Agreement Attachments

66 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A PROFESSIONAL SERVICES AGREEMENT WITH PIERCE GOODWIN ALEXANDER & LINVILLE, INC., FOR PROFESSIONAL SERVICES ASSOCIATED WITH THE CITY HALL COUNCIL CHAMBER RENOVATION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED SIXTY-FIVE THOUSAND SIX HUNDRED FIFTY AND NO/100 DOLLARS ($65,650.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ************************************************************************************* BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the City Manager to execute and the City Clerk to attest to a Professional Services Agreement with Pierce Goodwin Alexander & Linville, Inc., for professional services associated with the City Hall Council Chamber Renovation Project. A copy of the agreement is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. Section 2: That the City Council of the City of Baytown authorizes payment to Pierce Goodwin Alexander & Linville, Inc., in an amount not to exceed SIXTY-FIVE THOUSAND SIX HUNDRED FIFTY AND NO/100 DOLLARS ($65,650.00) for professional services in accordance with the agreement authorized in Section 1 hereinabove. Section 3: That the City Manager is hereby granted general authority to approve a decrease or an increase in costs by FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) or less, provided that the amount authorized in Section 2 hereof may not be increased by more than twenty-five percent (25%). Section 4: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 28 th day of June, ATTEST: STEPHEN H. DONCARLOS, Mayor LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney \\Cobfs01\legal\Karen\Files\City Council\Ordinances\2012\June 28\PGALAgreementforCityHallCouncilChamberProject.doc

67 Exhibit "A" STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONSULTANT FOR PROFESSIONAL SERVICES THIS AGREEMENT effective as of the day of June, 2012 ( Effective Date ), Between The City of Baytown ( OWNER ) and Pierce Goodwin Alexander & Linville, Inc. ( CONSULTANT ). OWNER intends to engage CONSULTANT to perform architectural services related to the final design services for the Council Chamber Renovation Project (the Project ) for and on behalf of the OWNER. Such services shall include, but not be limited to, the following: Schematic Design; Design Development; Construction Documents; Bid/Permit; and Construction Administration. The Project consists of approximately 2,389 square feet of renovation to the Council Chamber of the existing City Hall building. The renovation will include a new raised council dais including 11 seats for councilmembers and fixed desk seating below the dais for staff members. The raised portion of the dais will be made accessible according to ADA and TAS requirements by the installation of a new ramp. The new dais and seating below will include accommodations for new monitors and the existing microphones. The walls behind the existing council dais will be reconfigured in order to take advantage of the additional space behind the council dais, and increase the amount of usable space within the council chamber. A feature wall of stone or marble will be incorporated into the new design of the dais. Wall treatment in the form of wood wainscot, gypsum board pilasters and fabric panels may be incorporated into the north and south walls, to the extent that the overall budget will allow. New carpet, base, paint, fabric panels and ceiling tile will be provided to the extent that the overall budget will allow. A new podium will be provided, and will either be a manufactured piece of furniture or a custom podium, accommodating the A/V system requirements. New doors and interior aluminum storefront system will be installed at the entrance to the council chamber. The Project will consist of minimal HVAC work, with the exception of an existing fan coil unit serving the TV Control Room which may need to be replaced. The electrical work required will be coordinated with the A/V and telecommunications requirements, power, data and A/V for the dais and desks, floor boxes for the podium and specification of any new light fixtures required to provide a high quality broadcast. Some decorative lighting such as wall sconces may be considered for the north and south walls. Lighting design will be provided for the entire space, which will include a final site visit to aim the light fixtures and set dimming levels and scenes for the dimming system. The plumbing work will be limited to the relocation of fire sprinkler system heads within the council chamber as required to accommodate any wall or ceiling elements that are altered. The Project will be consistent with the design concept, which has been developed by the CONSULTANT. OWNER and CONSULTANT in consideration of their mutual covenants as set forth herein agree as follows: Standard Form of Agreement Between Owner and Consultant for Professional Services Page 1 of 12

68 TABLE OF CONTENTS Page ARTICLE 1 - SERVICES OF CONSULTANT Scope... 3 ARTICLE 2 - OWNER S RESPONSIBILITIES General... 3 ARTICLE 3 - TIMES FOR RENDERING SERVICES General Suspension... 3 ARTICLE 4 - PAYMENTS TO CONSULTANT Methods of Payment for Services and Reimbursable Expenses of Consultant Other Provisions Concerning Payments... 3 ARTICLE 5 - OPINIONS OF COST Opinions of Probable Construction Cost Designing to Construction Cost Limit Opinions of Total Project Costs... 4 ARTICLE 6 - GENERAL CONSIDERATIONS Standards of Performance Authorized Project Representatives Design without Construction Phase Services Use of Documents Insurance Termination Controlling Law Successors, Assigns, and Beneficiaries Dispute Resolution Hazardous Environmental Condition Allocation of Risks Notices Survival Severability Waiver Headings... 8 ARTICLE 7 - DEFINITIONS Defined Terms... 8 ARTICLE 8 - EXHIBITS AND SPECIAL PROVISIONS Exhibits Included Total Agreement Standard Form of Agreement Between Owner and Consultant for Professional Services Page 2 of 12

69 ARTICLE 1 - SERVICES OF CONSULTANT 1.01 Scope A. CONSULTANT shall provide the Basic and Additional Services set forth herein and in Exhibit A. B. Upon issuance of a notice to proceed by the OWNER, CONSULTANT is authorized to begin Basic Services as set forth in Exhibit A. C. (Not Used). ARTICLE 2 - OWNER S RESPONSIBILITIES 2.01 General A. OWNER shall have the responsibilities set forth herein and in Exhibit B. ARTICLE 3 - TIMES FOR RENDERING SERVICES 3.01 General A. (Modified) CONSULTANT s services and compensation under this Agreement have been agreed to for the design of the Project together with other services specified in Exhibit A. CONSULTANT s obligation to render services hereunder will be for whatever period necessary for the final completion of said services. B. (Not Used). C. (Modified) For purposes of this Agreement the term day means a calendar day of 24 hours Suspension A. (Not used). B. (Modified) If CONSULTANT s services are delayed or suspended in whole or in part by OWNER, CONSULTANT may be entitled to equitable adjustment of rates and amounts of compensation provided for elsewhere in this Agreement to reflect, reasonable costs incurred by CONSULTANT in connection with such delay or suspension and reactivation and the fact that the time for performance under this Agreement has been revised, unless such delay or suspension is caused in whole or in part by the CONSULTANT, its officers, agents, or employees. If CONSULTANT causes or contributes to the delay or suspension, CONSULTANT shall have no right to seek additional compensation. ARTICLE 4 - PAYMENTS TO CONSULTANT 4.01 Methods of Payment for Services and Reimbursable Expenses of CONSULTANT A. For Basic Services. OWNER shall pay CONSULTANT for Basic Services performed or furnished under Exhibit A, Part 1, as set forth in Exhibit C. B. For Additional Services. OWNER shall pay CONSULTANT for Additional Services performed or furnished under Exhibit A, Part 2, as set forth in Exhibit C. C. (Modified) For Reimbursable Expenses. In addition to payments provided for in paragraphs 4.01.A and 4.01.B, OWNER shall pay CONSULTANT for Reimbursable Expenses incurred by CONSULTANT and its Consultants as set forth in Exhibit C. However, all expenses associated with meals and lodging must be approved in writing by OWNER prior to CONSULTANT incurring any expense associated therewith; otherwise, the parties hereto agree and understand that OWNER shall not be liable and CONSULTANT shall not make a claim against OWNER for any such expenses Other Provisions Concerning Payments A. Preparation of Invoices. Invoices will be prepared in accordance with OWNER s standard processing practices and will be submitted to OWNER monthly via mail or by CONSULTANT, unless otherwise agreed. CONSULTANT shall supply detailed back-up information along with each invoice in order for the OWNER to effectively evaluate the fees and charges. The amount billed in each invoice will be calculated as set forth in Exhibit C. B. (Modified) Payment of Invoices. Invoices are due and payable within 30 days after the receipt of the invoice and the necessary backup information. If OWNER fails to make any payment due CONSULTANT for services and expenses within 30 days after receipt of CONSULTANT s invoice and the required backup documentation therefor, the amounts due CONSULTANT will accrue interest at the rate set forth in Section of the Texas Government Code after the 30th day. CONSULTANT may after giving seven days written notice to OWNER suspend services under this Agreement until CONSULTANT has been paid in full all amounts due for services, expenses, and other related charges. However, it is expressly understood and agreed that CONSULTANT will not charge any interest or penalty as set forth herein on any portion of an invoice that is disputed and/or withheld in accordance with paragraph 4.02 and that Standard Form of Agreement Between Owner and Architect for Professional Services Page 3 of 12

70 CONSULTANT will not suspend services under the agreement on account of a disputed invoice or on account of monies withheld. All payments will be credited first to principal and then to interest. C. Disputed Invoices. In the event of a disputed or contested invoice, only that portion so contested may be withheld from payment, and the undisputed portion will be paid. D. Payments Upon Termination. In the event of any termination under section 6.06, CONSULTANT will be entitled to invoice OWNER and will be paid in accordance with Exhibit C for all services performed or furnished and all Reimbursable Expenses incurred through the effective date of termination provided all instruments of service have been tendered to the OWNER. 2. (Not Used) E. (Modified) Records of CONSULTANT s Costs. Records of CONSULTANT s costs pertinent to CONSULTANT s compensation under this Agreement shall be kept in accordance with generally accepted accounting practices. Copies of such records will be made available to OWNER upon request at no cost to OWNER. F. Legislative Actions. In the event of legislative actions after the Effective Date of the Agreement by any level of government that impose taxes, fees, or costs on CONSULTANT s services or other costs in connection with this Project or compensation therefor, such new taxes, fees, or costs shall be invoiced to and paid by OWNER as a Reimbursable Expense to which a Factor of 1.0 shall be applied. Should such taxes, fees, or costs be imposed, they shall be in addition to CONSULTANT s estimated total compensation. G. (Added) Indebtedness. If CONSULTANT, at any time during the term of this agreement, incurs a debt, as the word is defined in section of the Code of Ordinances of the City of Baytown, it shall immediately notify the OWNER s Director of Finance in writing. If the OWNER s Director of Finance becomes aware that the CONSULTANT has incurred a debt, the OWNER s Director of Finance shall immediately notify the CONSULTANT in writing. If the CONSULTANT does not pay the debt within 30 days of either such notification, the OWNER s Director of Finance may deduct funds in an amount equal to the debt from any payments owed to the CONSULTANT under this Agreement, and the CONSULTANT waives any recourse therefor. ARTICLE 5 - OPINIONS OF COST 5.01 Opinions of Probable Construction Cost A. CONSULTANT s opinions of probable Construction Cost provided for herein are to be made on the basis of CONSULTANT s experience and qualifications and represent CONSULTANT s best judgment as an experienced and qualified professional generally familiar with the industry. However, since CONSULTANT has no control over the cost of labor, materials, equipment, or services furnished by others, or over the Contractor s methods of determining prices, or over competitive bidding or market conditions, CONSULTANT cannot and does not guarantee that proposals, bids, or actual Construction Cost will not vary from opinions of probable Construction Cost prepared by CONSULTANT. If OWNER wishes greater assurance as to probable Construction Cost, OWNER shall employ an independent cost estimator as provided in Exhibit B (Not Used) 5.03 Opinions of Total Project Costs A. (Not used). ARTICLE 6 - GENERAL CONSIDERATIONS 6.01 Standards of Performance A. (Modified) The standard of care for all services to be performed or furnished under this Agreement will be the care and skill ordinarily used by members of the applicable disciplines, including, but not limited to, architects and professional engineers, practicing under similar circumstances at the same time and in the same locality. B. (Modified) All professionals performing services under this Agreement shall be responsible for the technical accuracy of their services and documents resulting therefrom, and OWNER shall not be responsible for discovering deficiencies therein. CONSULTANT shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in OWNER-furnished information upon which CONSULTANT is authorized to rely as provided in Section 6.01.E. C. CONSULTANT shall perform or furnish professional architectural, engineering and related services in all phases of the Project to which this Agreement applies. Such professionals shall be appropriately licensed and/or registered to practice in the State of Texas. CONSULTANT Standard Form of Agreement Between Owner and Architect for Professional Services Page 4 of 12

71 shall serve as OWNER s prime professional for the Project. CONSULTANT shall employ such professionals as CONSULTANT deems necessary to assist in the performance or furnishing of the services. CONSULTANT shall not be required to employ any professional unacceptable to CONSULTANT. D. CONSULTANT and OWNER shall comply with applicable Laws or Regulations and OWNER-mandated standards. This Agreement is based on these requirements as of its Effective Date. Changes to these requirements after the Effective Date of this Agreement may be the basis for modifications to OWNER s responsibilities or to CONSULTANT s scope of services, times of performance, or compensation. E. (Modified) OWNER shall be responsible for, and CONSULTANT may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by OWNER to CONSULTANT pursuant to this Agreement, unless expressly stated or communicated otherwise by OWNER. CONSULTANT may use such requirements, reports, data, and information in performing or furnishing services under this Agreement. F. OWNER shall make decisions and carry out its other responsibilities in a timely manner and shall bear all costs incident thereto so as not to delay the services of CONSULTANT. G. Prior to the commencement of the Construction Phase, OWNER shall notify CONSULTANT of any variations from the language indicated in Exhibit E, Notice of Acceptability of Work, or of any other notice or certification that CONSULTANT will be requested to provide to OWNER or third parties in connection with the Project. OWNER and CONSULTANT shall reach agreement on the terms of any such requested notice or certification, and OWNER shall authorize such Additional Services as are necessary to enable CONSULTANT to provide the notices or certifications requested. H. (Modified) CONSULTANT shall not be required to sign any documents, no matter by whom requested, that would result in CONSULTANT s having to certify, guarantee or warrant the existence of conditions whose existence CONSULTANT cannot ascertain; provided, that CONSULTANT has exercised due diligence and was not otherwise required to certify, guarantee or warrant the existence of such conditions. I. During the Construction Phase, CONSULTANT shall not supervise, direct, or have control over Contractor s work, nor shall CONSULTANT have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected by Contractor, for safety precautions and programs incident to the Contractor s work in progress, nor for any failure of Contractor to comply with Laws and Regulations applicable to Contractor s furnishing and performing the Work. J. (Modified) CONSULTANT neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor s failure to furnish and perform the Work in accordance with the Contract Documents. However, nothing contained in this paragraph shall be construed so as to absolve CONSULTANT from liability for any such failure about which CONSULTANT knew or should have known existed in the exercise of CONSULTANT s services under this Agreement. K. (Modified) CONSULTANT shall not be responsible for the acts or omissions of any Contractor(s), subcontractor or supplier, or of any of the Contractor s agents or employees or any other persons (except CONSULTANT s own employees and its consultants for which it is legally liable) at the Site or otherwise furnishing or performing any of the Contractor s work; or for any decision made on interpretations or clarifications of the Contract Documents given by OWNER without consultation and advice of CONSULTANT. L. (Modified) The General Conditions for any construction contract documents prepared hereunder are to be the Standard Form of Agreement between Owner and Contractor and as approved by OWNER in writing Authorized Project Representatives A. Contemporaneous with the execution of this Agreement, CONSULTANT and OWNER shall designate specific individuals to act as CONSULTANT s and OWNER s representatives with respect to the services to be performed or furnished by CONSULTANT and responsibilities of OWNER under this Agreement. Such individuals shall have authority to transmit instructions, receive information, and render decisions relative to the Project on behalf of each respective party (Not Used) 6.04 Use of Documents A. (Modified) Upon execution of this Agreement, the CONSULTANT grants to the OWNER an ownership interest in the Instruments of Service. The CONSULTANT shall obtain similar interests from its consultants consistent with this Agreement. Within seven days of any termination or expiration of this Agreement, the CONSULTANT shall be required to tender to OWNER all Instruments of Service; Standard Form of Agreement Between Owner and Architect for Professional Services Page 5 of 12

72 provided OWNER has paid all monies, excluding any disputed amount, due and owing to CONSULTANT in accordance with this Agreement. With such ownership interest, it is expressly understood by the parties hereto that the OWNER may use the Instruments of Service for any purposes which the OWNER sees fit, including, but not limited to, subsequent construction, reconstruction, alteration, and/or repairs of the Project. As a condition to the OWNER s use of the Instruments of Service, the OWNER hereby expressly agrees to remove the CONSULTANT s name and all references to the CONSULTANT, and its consultants from the Documents. The OWNER hereby releases any and all claims which the OWNER could make arising out of or in connection with any reuse of the documents by the OWNER. This release of claims for the matters covered in this Paragraph 6.04.A shall be for the benefit of the CONSULTANT, its officers, and employees and subconsultants, as well as their successors and assigns. B. (Modified) Copies of OWNER-furnished data that may be relied upon by CONSULTANT are limited to the printed copies that are delivered to CONSULTANT pursuant to Exhibit B unless otherwise expressly stated or communicated by OWNER. Files in electronic media format of text, data, graphics, or of other types that are furnished by OWNER to CONSULTANT are only for convenience of CONSULTANT. Any conclusion or information obtained or derived from such electronic files will be at the user s sole risk. C. Copies of Documents that may be relied upon by OWNER are limited to the printed copies (also known as hard copies) that are signed or sealed by the appropriate professional. Files in electronic media format of text, data, graphics, or of other types that are furnished by CONSULTANT to OWNER are only for convenience of OWNER. Any conclusion or information obtained or derived from such electronic files will be at the user s sole risk. D. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data s creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. The party delivering the electronic files will correct any errors detected within the 60-day acceptance period. CONSULTANT shall not be responsible to maintain documents stored in electronic media format after acceptance by OWNER. E. When transferring documents in electronic media format, CONSULTANT makes no representations as to longterm compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by CONSULTANT at the beginning of this Project. F. (Modified) Any use of the Documents on any extension of the Project or on any other project shall be at OWNER s sole risk and OWNER hereby releases CONSULTANT from any liability associated solely with the reuse of the Documents. G. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. H. Any verification or adaptation of the Documents for extensions of the Project or for any other project will entitle CONSULTANT to further compensation at rates to be agreed upon by OWNER and CONSULTANT Insurance A. CONSULTANT shall procure and maintain insurance as set forth in Exhibit G, Insurance. B. Not used. C. Not used. D. Not used. E. Not used. F. At any time, OWNER may request that CONSULTANT, at OWNER s sole expense, provide additional insurance coverage, increased limits, or revised deductibles that are more protective than those specified in Exhibit G. If so requested by OWNER, with the concurrence of CONSULTANT, and if commercially available, CONSULTANT shall obtain and shall require its Consultants to obtain such additional insurance coverage, different limits, or revised deductibles for such periods of time as requested by OWNER, and Exhibit G will be supplemented to incorporate these requirements Termination A. (Modified) The obligations hereunder may be terminated: 1. For cause, a. (Modified) By either party upon 30 days written notice in the event of failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party; or Standard Form of Agreement Between Owner and Architect for Professional Services Page 6 of 12

73 b. By CONSULTANT upon seven days written notice if CONSULTANT is being requested by OWNER to furnish or perform services contrary to CONSULTANT s responsibility as a licensed professional. c. Notwithstanding the foregoing, this Agreement will not terminate as a result of such substantial failure if the party receiving such notice begins, within seven days of receipt of such notice, to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt thereof; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 30 day period, and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same then the cure period provided for herein shall extend up to, but in no case more than 60 days after the date of receipt of the notice. 2. For convenience by OWNER effective upon the receipt of notice by CONSULTANT. B. Not used Controlling Law A. This Agreement is to be governed by the law of the state in which the Project is located Successors, Assigns, and Beneficiaries A. OWNER and CONSULTANT each is hereby bound and the partners, successors, executors, administrators and legal representatives of OWNER and CONSULTANT (and to the extent permitted by paragraph 6.08.B the assigns of OWNER and CONSULTANT) are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of this Agreement. B. Neither OWNER nor CONSULTANT may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may become due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. 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 this Agreement. C. Unless expressly provided otherwise in this Agreement: 1. Nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by OWNER or CONSULTANT to any Contractor, Contractor s subcontractor, supplier, other individual or entity, or to any surety for or employee of any of them. 2. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of OWNER and CONSULTANT and not for the benefit of any other party. The OWNER agrees that the substance of the provisions of this paragraph 6.08.C shall appear in the Contract Documents Not Used Hazardous Environmental Condition A. OWNER represents to CONSULTANT that to the best of its knowledge a Hazardous Environmental Condition does not exist. B. (Modified) OWNER has disclosed to the best of its knowledge and belief to CONSULTANT the existence of all Asbestos, PCB s, Petroleum, Hazardous Waste, or Radioactive Material located at or near the Site, including type, quantity and location. C. (Modified) If a Hazardous Environmental Condition is encountered or alleged, CONSULTANT shall have the obligation to notify OWNER on or before the next business day of the same. D. It is acknowledged by both parties that CONSULTANT s scope of services does not include any services related to a Hazardous Environmental Condition. In the event CONSULTANT or any other party encounters a Hazardous Environmental Condition, CONSULTANT may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Project affected thereby until OWNER: (i) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, abate, remediate, or remove the Hazardous Environmental Condition; and (ii) warrants that the Site is in full compliance with applicable Laws and Regulations. E. OWNER acknowledges that CONSULTANT is performing professional services for OWNER and that CONSULTANT is not and shall not be required to become an arranger, operator, generator, or transporter of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCLA), which are or may be encountered at or near Standard Form of Agreement Between Owner and Architect for Professional Services Page 7 of 12

74 the Site in connection with CONSULTANT s activities under this Agreement. F. If CONSULTANT s services under this Agreement cannot be performed because of a Hazardous Environmental Condition, the existence of the condition shall justify CONSULTANT's terminating this Agreement for cause on 30 days notice Allocation of Risks A. (Modified) Indemnification. See Exhibit K Notices A. (Modified) Any notice required under this Agreement will be in writing, addressed to the appropriate party at its address on the signature page and given personally, or by registered or certified mail postage prepaid, or by a commercial courier service. Additionally, notices may be given via facsimile or by electronic mail if such notice is also given personally, or by registered or certified mail or by a commercial courier service. All notices shall be effective upon the date of receipt Survival A. (Modified) All express representations, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason Severability A. Any provision or part of the Agreement held to be void or unenforceable under any Laws or Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONSULTANT, who agree that the Agreement 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 Waiver A. Non-enforcement of any provision by either party shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement Headings A. The headings used in this Agreement are for general reference only and do not have special significance. ARTICLE 7 - DEFINITIONS 7.01 Defined Terms A. Wherever used in this Agreement (including the Exhibits hereto) and printed with initial or all capital letters, the terms listed below have the meanings indicated, which are applicable to both the singular and plural thereof: 1. Addenda--Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Documents. 2. Additional Services--The services to be performed for or furnished to OWNER by CONSULTANT in accordance with Exhibit A, Part 2 of this Agreement. 3. Agreement--This Standard Form of Agreement between OWNER and CONSULTANT for Professional Services, including those Exhibits listed in Article 8 hereof. 4. Application for Payment--The form acceptable to CONSULTANT which is to be used by Contractor in requesting progress or final payments for the completion of its Work and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 5. Asbestos--Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 6. Basic Services--The services to be performed for or furnished to OWNER by CONSULTANT in accordance with Exhibit A, Part 1, of this Agreement. 7. Bid--The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 8. Bidding Documents--The advertisement or invitation to Bid, instructions to bidders, the Bid form and attachments, the Bid bond, if any, the proposed Contract Documents, and all Addenda, if any. 9. Change Order--A document recommended by CONSULTANT, which is signed by Contractor and OWNER to authorize an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Standard Form of Agreement Between Owner and Architect for Professional Services Page 8 of 12

75 Contract Times, issued on or after the Effective Date of the Construction Agreement. 10. Construction Agreement--The written instrument which is evidence of the agreement, contained in the Contract Documents, between OWNER and Contractor covering the Work. 11. Construction Contract--The entire and integrated written agreement between the OWNER and Contractor concerning the Work. 12. Construction Cost--The cost to OWNER of those portions of the entire Project designed or specified by CONSULTANT. Construction Cost does not include costs of services of CONSULTANT or other design professionals and consultants, cost of land, rights-of-way, or compensation for damages to properties, or OWNER s costs for legal, accounting, insurance counseling or auditing services, or interest and financing charges incurred in connection with the Project, or the cost of other services to be provided by others to OWNER pursuant to Exhibit B of this Agreement. Construction Cost is one of the items comprising Total Project Costs. 13. (Modified) Contract Documents--Documents that establish the rights and obligations of the parties engaged in construction and include the Construction Agreement between OWNER and Contractor and all documents referenced therein, Addenda (which pertain to the Contract Documents), Contractor s Bid (including documentation accompanying the Bid and any post-bid documentation submitted prior to the notice of award) when attached as an exhibit to the Construction Agreement, the notice to proceed, the bonds, appropriate certifications, insurance documents the General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the Construction Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders, and professional s written interpretations and clarifications issued on or after the Effective Date of the Construction Agreement. Approved Shop Drawings and the reports and drawings of subsurface and physical conditions are not Contract Documents. 14. Contract Price--The moneys payable by OWNER to Contractor for completion of the Work in accordance with the Contract Documents and as stated in the Construction Agreement. 15. Contract Times--The numbers of days or the dates stated in the Construction Agreement to: (i) achieve Final Completion, and (ii) complete the Work so that it is ready for final payment as evidenced by CONSULTANT s written recommendation of final payment. 16. Contractor--An individual or entity with whom OWNER enters into a Construction Agreement. 17. Correction Period--The time after Final Completion during which Contractor must correct, at no cost to OWNER, any Defective Work, normally one year after the date of Final Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee or specific provision of the Contract Documents. 18. Defective--An adjective which, when modifying the word Work, refers to Work that is unsatisfactory, faulty, or deficient, in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to CONSULTANT s recommendation of final payment. 19. Documents--Data, reports, Drawings, Specifications, Record Drawings, and other deliverables, whether in printed or electronic media format, provided or furnished in appropriate phases by CONSULTANT to OWNER pursuant to this Agreement. 20. Drawings--That part of the Contract Documents prepared or approved by CONSULTANT which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings are not Drawings as so defined. 21. Effective Date of the Construction Agreement-- The date indicated in the Construction Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Construction Agreement is signed and delivered by the last of the two parties to sign and deliver. 22. Effective Date of the Agreement--The date indicated in this Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 23. Consultants--Individuals or entities having a contract with CONSULTANT to furnish services with respect to this Project as CONSULTANT s independent professional associates, consultants, subcontractors, or vendors. The term CONSULTANT includes its Consultants. Standard Form of Agreement Between Owner and Architect for Professional Services Page 9 of 12

76 24. Field Order--A written order issued by CONSULTANT which directs minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 25. Final Completion shall mean that all work has been completed, all final punch list items have been inspected and satisfactorily completed, all payments to subcontractors have been made, all documentation and warranties have been submitted, all closeout documents have been executed and approved by the OWNER, and the Project has been finally accepted by the OWNER. 26. General Conditions-That part of the Contract Documents which sets forth terms, conditions, and procedures that govern the Work to be performed or furnished by Contractor with respect to the Project. 27. Hazardous Environmental Condition--The presence at the Site of Asbestos, PCB s, Petroleum, Hazardous Waste, or Radioactive Materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 28. Hazardous Waste--The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 29. Laws and Regulations; Laws or Regulations-- Any and all applicable laws, rules, regulations, ordinances, codes, standards, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 30. PCB s--polychlorinated biphenyls. 31. Petroleum--Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-hazardous Waste and crude oils. 32. Radioactive Materials--Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 33. Record Drawings--The Drawings as issued for construction on which the CONSULTANT, upon completion of the Work, has shown changes due to Addenda or Change Orders and other information which CONSULTANT considers significant based on record documents furnished by Contractor to CONSULTANT and which were annotated by Contractor to show changes made during construction. 34. Reimbursable Expenses--The expenses incurred directly by CONSULTANT in connection with the performing or furnishing of Basic and Additional Services for the Project for which OWNER shall pay CONSULTANT as indicated in Exhibit C. 35. Resident Project Representative--The authorized representative of CONSULTANT, if any, assigned to assist CONSULTANT at the Site during the Construction Phase. The Resident Project Representative will be CONSULTANT s agent or employee and under CONSULTANT s supervision. As used herein, the term Resident Project Representative includes any assistants of Resident Project Representative agreed to by OWNER. The duties and responsibilities of the Resident Project Representative are as set forth in Exhibit D. 36. Samples--Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 37. Shop Drawings--All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to CONSULTANT to illustrate some portion of the Work. 38. Site--Lands or areas indicated in the Contract Documents as being furnished by OWNER upon which the Work is to be performed, rights-of-way and easements for access thereto, and such other lands furnished by OWNER which are designated for use of Contractor. 39. Specifications--That part of the Contract Documents consisting of written technical descriptions of materials, equipment, systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto. 40. Substantial Completion--The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of CONSULTANT, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms substantially complete and substantially completed as Standard Form of Agreement Between Owner and Architect for Professional Services Page 10 of 12

77 applied to all or part of the Work refer to Substantial Completion thereof. 41. Supplementary Conditions--That part of the Contract Documents which amends or supplements the General Conditions. 42. (Modified) Total Project Costs--The sum of the Construction Cost, allowances for contingencies, the total costs of services of CONSULTANT or other design professionals and consultants, cost of land, rights-of-way, compensation for damages to properties, OWNER s costs for legal, accounting, insurance counseling or auditing services, interest and financing charges incurred in connection with the Project, and the cost of other services to be provided by others to OWNER pursuant to Exhibit B of this Agreement. 43. Work--The entire completed construction or the various separately identifiable parts thereof required to be provided under the Contract Documents with respect to this Project. Work includes and is the result of performing or furnishing labor, services, and documentation necessary to produce such construction and furnishing, installing, and incorporating all materials and all equipment into such construction, all as required by the Contract Documents. 44. Work Change Directive--A written directive to Contractor issued on or after the Effective Date of the Construction Agreement and signed by OWNER upon recommendation of the CONSULTANT, ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 45. Written Amendment--A written amendment of the Contract Documents signed by OWNER and Contractor on or after the Effective Date of the Construction Agreement and normally dealing with the non-architectural or non-technical rather than strictly construction-related aspects of the Contract Documents. ARTICLE 8 - EXHIBITS AND SPECIAL PROVISIONS 8.01 Exhibits Included A. Exhibit A, CONSULTANT s Services, consisting of seven (7) pages. B. Exhibit B, OWNER s Responsibilities, consisting of two (2) pages. C. Exhibit C, Payments to CONSULTANT for Services and Reimbursable Expenses, consisting of two (2) pages. D. Exhibit D, Duties, Responsibilities and Limitations of Authority of Resident Project Representative, is not used. E. Exhibit E, Notice of Acceptability of Work, is not used. F. Exhibit F, Construction Cost Limit, is not used. G. Exhibit G, Insurance, consisting of two (2) pages. H. Exhibit H, Dispute Resolution, is not used. I. Exhibit I, Allocation of Risks, is not used. J. Exhibit J, Special Provisions is not used. K. (Added) Exhibit K, Indemnification consisting of two (2) pages Total Agreement A. This Agreement (consisting of pages 1 to 12 inclusive, together with the Exhibits identified above) constitutes the entire agreement between OWNER and CONSULTANT and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument. This Agreement along with the exhibits shall be read and construed as the same Agreement. Standard Form of Agreement Between Owner and Architect for Professional Services Page 11 of 12

78 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page 1. OWNER: CITY OF BAYTOWN CONSULTANT: PIERCE GOODWIN ALEXANDER & LINVILLE, INC. ROBERT D. LEIPER Printed Name: Title: City Manager Title: Date Signed: Address for giving notices: Date Signed: Address for giving notices: P.O. BOX BRIAR PARK, STE. 200 BAYTOWN, TEXAS HOUSTON, TEXAS Designated Representative (paragraph 6.02.A): Designated Representative (paragraph 6.02.A): JOSE A. PASTRANA, P.E. Title: Director of Engineering Title: Phone Number: (281) Phone Number: Facsimile Number: (281) Facsimile Number: Address: Address: Standard Form of Agreement Between Owner and Architect for Professional Services Page 12 of 12

79 This is EXHIBIT A, consisting of 7 pages, referred to in and part of the Agreement between OWNER and CONSULTANT for Professional Services dated. Initial: OWNER CONSULTANT CONSULTANT s Services Article 1 of the Agreement is amended and supplemented to include the following agreement of the parties. CONSULTANT shall provide Basic and Additional Services as set forth below. PART 1 -- BASIC SERVICES (Modified) A1.01 Schematic Design/Programming Phase A. CONSULTANT shall: 1. Consult with OWNER to define and clarify OWNER s requirements for the Project and available data. 2. Advise OWNER as to the necessity of OWNER s providing data or services of the types described in Exhibit B which are not part of CONSULTANT s Basic Services, and assist OWNER in obtaining such data and services. 3. Consult with OWNER s consultants to coordinate the scope of the Project. 4. (Modified) Identify, consult with, analyze requirements of, and obtain the approval of governmental authorities having jurisdiction to approve the portions of the Project designed or specified by CONSULTANT, including but not limited to, requirement of the Texas Accessibility Standards of the Architectural Barriers Act. 5. Identify and evaluate potential solutions available to OWNER; and, after consultations with OWNER, recommend to OWNER those solutions which in CONSULTANT s judgment meet OWNER s requirements for the Project. 6. (Modified) Attend meetings with OWNER and OWNER S consultants, designated boards, commissions, and/or city council to receive input into OWNER S requirements for the Project and evaluate potential solutions available to OWNER. 7. (Modified) Prepare a preliminary report (the Report ) which will, as appropriate, contain schematic layouts illustrating the scale and relationship of the components, sketches, schedule of events, preliminary site plans, building plans, sections and elevations, and conceptual design criteria with appropriate exhibits to indicate the agreed-to requirements, considerations involved, and those alternate solutions available to OWNER which CONSULTANT recommends. Preliminary selections of major building systems and construction materials shall be noted on the drawings or otherwise described in writing in the Report. This Report will be accompanied by CONSULTANT s opinion of Total Project Costs for each solution which is so recommended for the Project with each component separately itemized, including the following, which will be separately itemized: opinion of probable Construction Cost, allowances for contingencies and for the estimated total costs of design, professional, and related services provided by CONSULTANT and, on the basis of information furnished by OWNER, allowances for other items and services included within the definition of Total Project Costs. 8. Furnish three (3) review copies of the Report to OWNER within twenty-one (21) days of authorization to begin services and review it with OWNER. Page 1 of 7 pages (Exhibit A Architect s Services)

80 9. Revise the Report in response to OWNER s and other parties comments, as appropriate, and furnish five (5) final copies of the revised Report and one copy in pdf format on compact disk to the OWNER within ten (10) days after completion of reviewing it with OWNER. B. (Modified) CONSULTANT s services under the Schematic Design/Programming Phase will be considered complete on the date when the final copies of the revised Report have been delivered to and accepted by OWNER. A1.02 Design Development Phase A. Upon written authorization from OWNER, CONSULTANT shall: 1. (Modified) On the basis of the above acceptance, direction, and authorization, prepare final Drawings indicating the scope, relationships, forms size and appearance of the Project by means of plans, sections and elevations, construction details and specifications together with the extent and character of the Work to be performed and furnished by Contractor, including the quality levels for major materials and Project systems. Specifications will be prepared, where appropriate, in conformance with the 16-division format of the Construction Specifications Institute or other format agreed to in writing by OWNER and CONSULTANT. 2. Provide technical criteria, written descriptions, and design data for OWNER s use in filing applications for permits from or approvals of governmental authorities having jurisdiction to review or approve the final design of the Project and assist OWNER in consultations with appropriate authorities. 3. Advise OWNER of any adjustments to the Project schedule and the opinion of probable Construction Cost and any adjustments to Total Project Costs known to CONSULTANT, itemized as provided in A1.01.A Perform or provide the following additional final Design Phase tasks or deliverables: a. CONSULTANT will employ design consultants such as mechanical, electrical and plumbing, and other required consultants to complete the balance of the work. b. CONSULTANT will prepare construction documents required for permitting und construction. The completed construction documents will be submitted to governmental agencies for purposes of obtaining all appropriate permits. c. CONSULTANT S services shall include all architectural and MEP design services necessary for the Project. 5. Make appropriate recommendations to the OWNER to adjust the Project size, quality or budget if at any time the CONSULTANT s estimate of the probable Construction Cost or Total Project Costs exceed the OWNER s budget. 6. Provide three full-size sets of documents for the OWNER s review and comment within twenty-one (21) days of authorization to begin services and review it with OWNER; 7. Revise the documents in response to OWNER s and other parties comments, as appropriate, and furnish five (5) final copies of the revised documents and a copy of the same in pdf format on compact disks to the OWNER within ten (10) days after completion of reviewing it with OWNER B. (Modified) CONSULTANT s services under the Design Development Phase will be considered complete on the date when the final copies of the revised documents have been delivered to and accepted by OWNER. A1.025 Construction Document Phase A. After acceptance by OWNER of the deliverables in the Design Development Phase and the revised opinion of probable Construction Cost as determined in the Design Development Phase, but subject to any OWNER- Page 2 of 7 pages (Exhibit A Architect s Services)

81 directed modifications or changes in the scope, extent, character, or design requirements of or for the Project, and upon written authorization from OWNER, CONSULTANT shall: 1. Prepare and furnish three (3) copies of the Bidding Documents, which shall include Drawings and Specifications that establish in detail the quality levels of materials and project systems required for construction in pdf format on compact disks, for review and approval by OWNER, its legal counsel, and other advisors, as appropriate, and assist OWNER in the preparation of other related documents. Bidding Documents shall reflect multiple phases of the construction, but CONSULTANT will design the entire project at the same time. 2. Update the opinion of probable Construction Cost and project schedule at 50% completion and 95% completion of Construction Documents 3. Submit 2 final copies of the Bidding Documents and a revised opinion of probable Construction Cost to OWNER within forty-two (42) days after authorization to proceed with this phase. 4. (Added) Prepare additional line items in the Bid Tabulations, assuming the project documentation, including plans and specifications, were originally prepared to reflect these items, as reasonably requested by OWNER, so long as this/these request(s) is made prior to the preparation of the final bid documents. B. (Modified) CONSULTANT s services under the Construction Document Phase will be considered complete on the date when the submittals required by paragraph A1.03.A.6 have been delivered to and accepted by OWNER. A1.03 Bidding or Negotiating Phase A. After acceptance by OWNER of the Bidding Documents and the most recent opinion of probable Construction Cost as determined in the Design Development Phase, and upon written authorization by OWNER to proceed, CONSULTANT shall: 1. Assist OWNER in advertising for and obtaining bids or negotiating proposals for the Work and, where applicable, provide 15 sets of plans and specifications and an electronic copy in pdf format on compact disk. 2. Answer questions and issue Addenda as appropriate to clarify, correct, or change the Bidding Documents. 3. Perform or provide the following additional Bidding or Negotiating Phase tasks or deliverables: a. Develop a list of potential contractors, and b. Provide reference letter for bid award. 4. Consult with OWNER as to the acceptability of subcontractors, suppliers, and other individuals and entities proposed by Contractor for those portions of the Work as to which such acceptability is required by the Bidding Documents. 5. (Modified) Attend the Mandatory Pre-Bid Conference and the Bid opening, prepare Bid tabulation sheets, assemble contract documents, assist OWNER in both evaluating Bids or proposals and awarding contracts for the Work. 5. (Added) Assist in connection with Bid protests, rebidding, or re-negotiating contracts for construction, materials, equipment, or services. B. (Modified) The Bidding or Negotiating Phase will be considered complete upon commencement of the Construction Phase. A1.04 Construction Phase Page 3 of 7 pages (Exhibit A Architect s Services)

82 A. Upon successful completion of the Bidding and Negotiating Phase, and upon written authorization from OWNER, CONSULTANT shall: 1. General Administration of Construction Contract. Consult with OWNER and act as OWNER s representative as provided in the General Conditions. The extent and limitations of the duties, responsibilities and authority of CONSULTANT as assigned in said General Conditions shall not be modified, except as CONSULTANT may otherwise agree in writing. All of OWNER s instructions to Contractor will be issued through CONSULTANT, who shall have authority to act on behalf of OWNER in dealings with Contractor to the extent provided in this Agreement and said General Conditions except as otherwise provided in writing. CONSULTANT shall attend on-site progress meetings as requested by OWNER and maintain meeting minutes, on-site progress photos and site conditions, as appropriate. CONSULTANT shall make required submittals or assist the OWNER in making required submittals as requested by the OWNER to governmental agencies having jurisdiction over the Project, including, but not limited to, the preparation of a TDLR application and response. 2. (Modified) Construction and Materials Testing. Assist the OWNER in obtaining construction material testing, including concrete inspections, concrete test cylinders, reinforcing steel inspection, as appropriate, and perform an engineering report review as necessary for the Project. 3. Pre-Construction Conference. Participate in a Pre-Construction Conference prior to commencement of Work at the Site. 4. Baselines and Benchmarks. As appropriate, establish baselines controls and temporary benchmarks for locating the Work which in CONSULTANT s judgment are necessary to enable Contractor to proceed. 5. Visits to Site and Observation of Construction. In connection with observations of Contractor s work in progress while it is in progress: a. (Modified) Make visits to the Site at intervals appropriate to the various stages of construction, appropriate to verify Contractor s payment requests, and as CONSULTANT and/or OWNER deems necessary, in order to observe as an experienced and qualified design professional the progress and quality of the Work. Such visits and observations by CONSULTANT, and the Resident Project Representative, if any, are not intended to be exhaustive or to extend to every aspect of Contractor s work in progress or to involve detailed inspections of Contractor s work in progress beyond the responsibilities specifically assigned to CONSULTANT in this Agreement and the Contract Documents, but rather are to be limited to spot checking, selective sampling, and similar methods of general observation of the Work based on CONSULTANT s exercise of professional judgment as assisted by the Resident Project Representative, if any. Based on information obtained during such visits and such observations, CONSULTANT will determine if Contractor s work is proceeding in accordance with the Contract Documents, and CONSULTANT shall keep OWNER informed of the progress of the Work. b. (Modified) The purpose of CONSULTANT s visits to, and representation by the Resident Project Representative, if any, at the Site, will be to enable CONSULTANT to better carry out the duties and responsibilities assigned to and undertaken by CONSULTANT during the Construction Phase, and, in addition, by the exercise of CONSULTANT s efforts as an experienced and qualified design professional, to provide for OWNER a greater degree of confidence that the completed Work will substantially conform to the Contract Documents and that the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents has been implemented and preserved by Contractor. CONSULTANT shall not, during such visits or as a result of such observations of Contractor s work in progress, supervise, direct, or have control over Contractor s work, nor shall CONSULTANT have authority over or responsibility for the means, methods, techniques, Page 4 of 7 pages (Exhibit A Architect s Services)

83 sequences, or procedures of construction selected by Contractor, for safety precautions and programs incident to Contractor s work, or for any failure of Contractor to comply with Laws and Regulations applicable to Contractor s furnishing and performing the Work. Accordingly, CONSULTANT neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor s failure to furnish and perform its work in accordance with the Contract Documents. 6. (Modified) Defective Work. Recommend to OWNER that Contractor s work be disapproved and rejected while it is in progress if, on the basis of such observations, CONSULTANT believes that such work will not produce a completed Project that substantially conforms to the Contract Documents or that it will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. 7. Clarifications and Interpretations; Field Orders. Issue necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of Contractor s work. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents. CONSULTANT may issue Field Orders authorizing minor variations from the requirements of the Contract Documents. 8. Change Orders and Work Change Directives. Recommend Change Orders and Work Change Directives to OWNER, as appropriate, and prepare Change Orders and Work Change Directives as required. 9. Shop Drawings and Samples. Review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. CONSULTANT shall log and track all of contractor s submittals and expedite reviews as may be required by OWNER. Such reviews and approvals or other action will not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions and programs incident thereto. CONSULTANT has an obligation to meet any Contractor s submittal schedule that has earlier been acceptable to CONSULTANT. 10. Substitutes and or-equal. Evaluate and determine the acceptability of substitute or or-equal materials and equipment proposed by Contractor, but subject to the provisions of paragraph A2.01 of this Exhibit A. 11. Inspections and Tests. Require such special inspections or tests of Contractor s work as deemed reasonably necessary, and receive and review all certificates of inspections, tests, and approvals required by Laws and Regulations or the Contract Documents. CONSULTANT s review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Contract Documents. CONSULTANT shall be entitled to rely on the results of such tests. 12. (Modified) Disagreements between OWNER and Contractor. Render formal written decisions on all claims of OWNER and Contractor relating to the acceptability of Contractor s work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of Contractor s work. In rendering such decisions, CONSULTANT shall be fair and not show partiality to OWNER or Contractor. 13. Applications for Payment. Based on CONSULTANT s observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation: Page 5 of 7 pages (Exhibit A Architect s Services)

84 a. Determine the amounts that CONSULTANT recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute CONSULTANT s representation to OWNER, based on such observations and review, that, to the best of CONSULTANT s knowledge, information and belief, Contractor s work has progressed to the point indicated, the quality of such work is substantially in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor s being entitled to such payment appear to have been fulfilled in so far as it is CONSULTANT s responsibility to observe Contractor s work. In the case of unit price work, CONSULTANT s recommendations of payment will include final determinations of quantities and classifications of Contractor s work (subject to any subsequent adjustments allowed by the Contract Documents). The responsibilities of CONSULTANT contained in paragraph A1.04.A.5.a are expressly subject to the limitations set forth in paragraph A1.04.A.5.b and other express or general limitations in this Agreement and elsewhere. b. By recommending any payment, CONSULTANT shall not thereby be deemed to have represented that observations made by CONSULTANT to check the quality or quantity of Contractor s work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor s work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to CONSULTANT in this Agreement and the Contract Documents. Neither CONSULTANT s review of Contractor s work for the purposes of recommending payments nor CONSULTANT s recommendation of any payment including final payment will impose on CONSULTANT responsibility to supervise, direct, or control Contractor s work in progress or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor s compliance with Laws and Regulations applicable to Contractor s furnishing and performing the Work. It will also not impose responsibility on CONSULTANT to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any portion of the work in progress, materials, or equipment has passed to OWNER free and clear of any liens, claims, security interests, or encumbrances, or that there may not be other matters at issue between OWNER and Contractor that might affect the amount that should be paid. 14. Other Services. a. Provide assistance in connection with the testing and adjusting of Project equipment or systems. b. Assist OWNER in training OWNER s staff to operate and maintain Project, equipment, and systems. c. Assist OWNER in developing procedures for control of the operation and maintenance of, and record keeping for Project equipment and systems. d. Together with OWNER, visit the Project to observe any apparent defects in the Work, assist OWNER in consultations and discussions with Contractor concerning correction of any such defects, and make recommendations as to replacement or correction of Defective Work, if present. 15. Contractor s Completion Documents. a. (Modified) Receive and review maintenance and operating instructions, schedules, and guarantees as prepared by the Contractor in accordance with the Contract Documents. Consultant will compile this information as provided by Contractor, and deliver three (3) copies of the same to OWNER. Page 6 of 7 pages (Exhibit A Architect s Services)

85 b. (Modified) Receive bonds, certificates, or other evidence of insurance not previously submitted and required by the Contract Documents, certificates of inspection, tests and approvals, Shop Drawings, Samples and other data approved as provided under paragraph A1.04.A.9, and the annotated record documents which are to be assembled by Contractor in accordance with the Contract Documents to obtain final payment. The extent of such CONSULTANT s review will be limited as provided in paragraph A1.04.A.9. c. Transmit these documents to OWNER within thirty days of receipt of documents from Contractor. d. (Added) Prepare and furnish to OWNER Record Drawings electronically in a format approved by the OWNER and on mylar showing appropriate record information based on Project annotated record documents received from Contractor. 16. Inspection. Promptly after notice from Contractor that Contractor considers the entire Work ready for its intended use, in company with OWNER and Contractor, conduct an inspection to determine if the Work is finally complete. CONSULTANT shall prepare punch-lists as necessary for the Work to achieve final completion. 17. (Modified) Final Notice of Acceptability of the Work. Conduct a final inspection to determine if the completed Work of Contractor is acceptable so that CONSULTANT may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, CONSULTANT shall also provide a notice in the form attached hereto as Exhibit E (the Notice of Acceptability of Work ) that to the best of CONSULTANT s knowledge, information and belief and upon the exercise of CONSULTANT S due diligence, the Work is acceptable and is in compliance with the Contract Documents. B. Duration of Construction Phase. The Construction Phase will commence with the execution of the first Construction Agreement for the Project or any part thereof and will terminate upon final payment to Contractors. C. Limitation of Responsibilities. CONSULTANT shall not be responsible for the acts or omissions of any Contractor, or of any of its subcontractors, suppliers, or of any other individual or entity performing or furnishing any of the Work. CONSULTANT shall not be responsible for failure of any Contractor to perform or furnish the Work in accordance with the Contract Documents. PART 2 -- ADDITIONAL SERVICES A2.01 Additional Services Requiring OWNER s Authorization in Advance A. Not included Page 7 of 7 pages (Exhibit A Architect s Services)

86 This is EXHIBIT B, consisting of 2 pages, referred to in and part of the Agreement between OWNER and CONSULTANT for Professional Services dated. Initial: OWNER CONSULTANT OWNER s Responsibilities Article 2 of the Agreement is amended and supplemented to include the following agreement of the parties. B2.01 In addition to other responsibilities of OWNER as set forth in this Agreement, OWNER shall: A. Provide CONSULTANT with all criteria and full information as to OWNER s requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility, and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which OWNER will require to be included in the Drawings and Specifications; and furnish copies of OWNER s standard forms, conditions, and related documents for CONSULTANT to include in the Bidding Documents, when applicable. B. Furnish to CONSULTANT any other available information pertinent to the Project including reports and data relative to previous designs, or investigation at or adjacent to the Site. Nothing contained in this Exhibit or in this Agreement shall be construed to require the OWNER to provide such records in any certain format. The format in which the existing data and documentation will be provided shall be at the sole discretion of the OWNER. C. (Modified) Following CONSULTANT s assessment of initially available Project information and data and upon CONSULTANT s written request, furnish or otherwise make available such additional available Project related information and data as is reasonably required to enable CONSULTANT to complete its Basic and Additional Services. 1. (Not Used). 2. (Not Used). 3. (Not Used). 4. (Not Used). 5. (Not Used). 6. (Not Used). D. (Not Used). E. (Modified) Authorize CONSULTANT to provide Additional Services as set forth in Part 2 of Exhibit A of the Agreement as the OWNER determines is necessary. F. (Modified) Arrange for access to and make all provisions for CONSULTANT to enter upon public property as required for CONSULTANT to perform services under the Agreement. G. Examine all alternate solutions, studies, reports, sketches, Drawings, Specifications, proposals, and other documents presented by CONSULTANT (including obtaining advice of an attorney, insurance counselor, and other advisors or consultants as OWNER deems appropriate with respect to such examination) and render in writing timely decisions pertaining thereto. Page 1 of 2 pages (Exhibit B - OWNER s Responsibilities)

87 H. (Not Used). I. (Not Used). J. Advise CONSULTANT of the identity and scope of services of any independent consultants employed by OWNER to perform or furnish services in regard to the Project, including, but not limited to, cost estimating, project peer review, value architectural, and constructability review. K. Furnish to CONSULTANT data as to OWNER s anticipated costs for services to be provided by others for OWNER so that CONSULTANT may make the necessary calculations to develop and periodically adjust CONSULTANT s opinion of Total Project Costs. L. (Modified) If OWNER designates a construction manager or an individual or entity other than, or in addition to, CONSULTANT to represent OWNER at the Site, define and set forth the duties, responsibilities, and limitations of authority of such other party and the relation thereof to the duties, responsibilities, and authority of CONSULTANT. M. Attend the pre-bid conference, bid opening, pre-construction conferences, construction progress and other job related meetings, and final payment inspections. N. Provide copies of daily observation reports prepared by OWNER s on-site representative to CONSULTANT during construction phase. Page 2 of 2 pages (Exhibit B - OWNER s Responsibilities)

88 Payments to CONSULTANT for Services and Reimbursable Expenses This is EXHIBIT C, consisting of 2 pages, referred to in and part of the Agreement between OWNER and CONSULTANT for Professional Services dated. Initial: OWNER CONSULTANT Article 4 of the Agreement is amended and supplemented to include the following agreement of the parties: ARTICLE 4 -- PAYMENTS TO THE CONSULTANT C4.01 For Basic Services Having A Determined Scope Cost not to Exceed Method of Payment A. OWNER shall pay CONSULTANT for Basic Services set forth in Exhibit A as follows: 1. (Modified) A cost not to exceed amount of $43,835.00, based upon the rate schedule, which is attached as Appendix 1 of Exhibit C and incorporated herein for all intents and purposes. This amount does not include those CONSULTANT S consultant s charges as provided below in this article 4, Subparagraph C4.05, if any, and will be distributed at the completion of each phase in the following amount: 1. Schematic Design... $ 6, Design Development... $ 8, Construction Document... $ 17, Bidding/Negotiating... $ 2, Construction Phase... $ 8, (Modified) CONSULTANT may with the consent of OWNER alter the distribution of compensation between individual phases noted herein to be consistent with services actually rendered, but shall not exceed the total cost not to exceed amount unless approved in writing by the OWNER. 3. The cost not to exceed includes compensation for CONSULTANT s services and services of its Consultants (with the exception of those outlined in paragraph C4.05), if any. Appropriate amounts have been incorporated in the cost not to exceed to account for labor, overhead and profit. 4. Not Used. 5. The portion of the amount billed for CONSULTANT s services will be based upon total services actually completed during the billing period, which shall be a calendar month. Invoices shall be tendered no more often than once a month for all of the services performed during the applicable month. C4.02 For Basic Services Having An Undetermined Scope -- Direct Labor Costs Times a Factor Method of Payment A. (Not Used). C4.03 For Additional Services A. OWNER shall pay CONSULTANT for Additional Services as follows: 1. General. For services of CONSULTANT s employees engaged directly on the Project pursuant to paragraph Part 1 of Exhibit A of the Agreement, except for services as a consultant, an amount based upon the actual hours worked and the rate schedule, which is attached as Appendix 1 of Exhibit C and incorporated herein for all intents and purposes plus Reimbursable Expenses. Additional Services shall not exceed $0.00 without the prior written consent of the Owner. 2. (Not Used). Page 1 of 2 pages (Exhibit C - Basic Services With Determined Scope -- Cost not to exceed Method)

89 C4.04 For Reimbursable Expenses A. (Modified) When not included in compensation for Basic Services under paragraph C4.01, OWNER shall pay CONSULTANT for Reimbursable Expenses at the rate set forth in Appendix 2 of this Exhibit C. Before the OWNER shall be liable for any reimbursable expenses, the CONSULTANT must obtain prior written approval of the OWNER of any expense that exceeds $ for which the CONSULTANT seeks reimbursement. Reimbursable Expenses shall not exceed a total of $5, B. (Modified) Reimbursable Expenses include the following categories: mileage, parking tolls, long distance, reproduction of Drawings, Specifications, Bidding Documents, and similar Project-related items in addition to those required under Exhibit A, and, if authorized in advance by OWNER. C. The amounts payable to CONSULTANT for Reimbursable Expenses will be the Project-related internal expenses actually incurred or allocated by CONSULTANT, plus all invoiced external Reimbursable Expenses allocable to the Project, the latter multiplied by a Factor of Travel, meals, mileage, rental cars, and like expenses are not subject to the 1.10 Factor. D. Not Used. E. (Added) The OWNER must approve all travel expenses before the same are incurred. If such approval is not obtained, the OWNER shall not be liable for such travel expenses. C4.05 For CONSULTANT s Consultant s Charges 5. Construction Phase... $ Lighting Design 1. Schematic Design... $ Design Development... $ 1, Construction Document... $ 2, Bidding/Negotiating... $ Construction Phase... $ 1, Acoustical Design 1. Schematic Design... $ 1, Design Development... $ 1, Construction Document... $ 2, Bidding/Negotiating... $ Construction Phase... $ C4.06 Direct Labor Costs A. (Not Used). B. (Not Used) Rate Schedule A. (Not used) B. (Not used). C4.08 Other Provisions Concerning Payment A. Progress Payments. The portion of the amounts billed for CONSULTANT s services which are identified in paragraphs C4.01 and C4.03, will be based on the Rate Schedule for the cumulative hours charged to the Project during the billing period by all of CONSULTANT s employees, plus Reimbursable Expenses and CONSULTANT s Consultant s charges, if any. A. (Modified) Whenever compensation to CONSULTANT herein is stated to include charges of CONSULTANT S Consultants, those charges shall be the amounts billed by CONSULTANT S Consultants to CONSULTANT times a Factor of The consultant charges shall not exceed the amounts specified, which include the factor, for each of the following services, unless approved in writing by the OWNER: MEP 1. Schematic Design... $ Design Development... $ Construction Document... $ 1, Bidding/Negotiating... $ Page 2 of 2 pages (Exhibit C - All Other Services/Charges -- Cost not to Exceed Method of Payment)

90 APPENDIX 1 OF EXHIBIT C RATE SCHEDULE Employee Classification Maximum Hourly Rate Director $ Principal $ Project Manager $ Senior Project Architect, Designer, Engineer $ Project Architect, Designer, Engineer $ Architect, Designer, Engineer $ Assistant Architect, Designer, Engineer $ Intern/Space Planner $ Junior Designer/Assistant Space Planner $85.00 Construction Administration $ Construction Inspector $ Senior Administration $ Administration $80.00 Page 1 of 1 pages (Appendix 1 to Exhibit C Rate Schedule)

91 APPENDIX 2 OF EXHIBIT C REIMBURSEMENT OF COSTS Reproduction and Deliveries: Cost plus 10% Mileage: IRS Rate Page 1 of 1 pages (Appendix 2 to Exhibit C Reimbursement of Costs)

92 This is EXHIBIT G, consisting of 2 pages, referred to in and part of the Agreement between OWNER and CONSULTANT for Professional Services dated. Initial: OWNER CONSULTANT Insurance Paragraph 6.05 of the Agreement is amended and supplemented to include the following agreement of the parties. G6.05 Insurance Throughout the term of this Agreement, the CONSULTANT at its own expense shall purchase, maintain and keep in force and effect insurance against claims for injuries to or death of persons or damages to property which may arise out of or result from the CONSULTANT's operations and/or performance of the work under this Agreement, whether such operations and/or performance be by the CONSULTANT, its agents, representatives, volunteers, employees or subcontractors or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. The CONSULTANT s insurance coverage shall be primary insurance with respect to the OWNER, its officers, agents and employees. Any insurance or self-insurance maintained by the OWNER, its officials, agents and employees shall be considered in excess of the CONSULTANT s insurance and shall not contribute to it. Further, the CONSULTANT shall include all subcontractors as additional insureds under its commercial general liability policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. The following is a list of standard insurance policies along with their respective minimum coverage amounts required in this contract: Commercial General Liability (CGL) General Aggregate: $1,000,000 Products & Completed Operations: $1,000,000 Personal & Advertising Injury: $1,000,000 Per Occurrence: $500,000 a. Coverage shall be at least as broad as ISO CG b. No coverage shall be excluded from standard policy without notification of individual exclusions being attached for review and acceptance. Business Automobile Policy (BAP) Combined Single Limits: $1,000,000 a. Coverage for Any Auto. Workers Compensation Insurance Statutory Limits Employer s Liability $500,000 Waiver of Subrogation required Errors & Omissions (E&O) Limit: $1,000,000 Page 1 of 2 Pages (Exhibit G - Insurance)

93 a. For all architects, and/or design companies. b. Claims-made form is acceptable. c. Coverage will be in force for three (3) years after project is completed. Upon execution of this contract, CONSULTANT shall file with the OWNER valid Certificates of Insurance and endorsements acceptable to the OWNER. Such Certificates shall contain a provision that coverage afforded under the policies will not be canceled, suspended, voided, or reduced until at least thirty (30) days' prior written notice has been given to the OWNER via certified mail, return receipt requested. The CONSULTANT shall also file with the OWNER valid Certificates of Insurance covering all subcontractors. The following are general requirements applicable to all policies: a. AM Best Rating of B+:VII or better. b. Insurance carriers licensed and admitted to do business in State of Texas will be accepted. c. Liability policies will be on occurrence form. E & O can be on claims-made form. d. OWNER, its officers, agents and employees are to be added as Additional Insured to the commercial general liability and business automobile policies. e. Upon request of and without cost to OWNER, certified copies of all insurance policies and/or certificates of insurance shall be furnished to OWNER s representative. Certificates of insurance showing evidence of insurance coverage shall be provided to OWNER s representative prior to execution of this agreement. f. Upon request of and without cost to OWNER, loss runs (claims listing) of any and/or all insurance coverage shall be furnished to OWNER s representative. Page 2 of 2 pages (Exhibit G - Insurance)

94 This is EXHIBIT K, consisting of 2 pages, referred to in and part of the Agreement between OWNER and CONSULTANT for Professional Services dated. Initial: OWNER CONSULTANT CONSULTANT AGREES TO AND SHALL INDEMNIFY AND HOLD HARMLESS AND DEFEND OWNER, ITS OFFICERS, AGENTS, AND EMPLOYEES (HEREAFTER REFERRED TO AS OWNER ) FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY TO OR DEATH OF ANY PERSON, FOR DAMAGE TO ANY PROPERTY OR FOR ANY BREACH OF CONTRACT TO THE EXTENT ARISING OUT OF OR IN CONNECTION WITH AN ACT OF NEGLIGENCE, INTENTIONAL TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A SUBCONTRACTOR OR SUPPLIER COMMITTED BY THE CONSULTANT OR THE CONSULTANT'S AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH THE CONSULTANT EXERCISES CONTROL (COLLECTIVELY CONSULTANT S PARTIES). IT IS THE EXPRESSED INTENTION OF THE PARTIES HERETO, BOTH CONSULTANT AND OWNER, THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY CONSULTANT TO INDEMNIFY AND PROTECT OWNER FROM THE CONSEQUENCES OF CONSULTANT S PARTIES OWN WILLFUL MISCONDUCT, JOINT OR SOLE NEGLIGENCE AS WELL AS THE CONSULTANT S PARTIES INTENTIONAL TORTS, INTELLECTUAL PROPERTY INFRINGEMENTS, AND FAILURES TO MAKE PAYMENTS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. SUCH INDEMNITY SHALL NOT APPLY, HOWEVER, TO LIABILITY ARISING FROM THE PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE OF PERSONS THAT IS CAUSED BY OR RESULTS FROM THE Page 1 of 2 Pages (Exhibit K - Indemnification)

95 NEGLIGENCE OF ANY PERSON OTHER THAN THE CONSULTANT S PARTIES. IN THE EVENT THAT ANY ACTION OR PROCEEDING IS BROUGHT AGAINST THE OWNER FROM WHICH THE OWNER IS INDEMNIFIED, CONSULTANT FURTHER AGREES AND COVENANTS TO DEFEND THE ACTION OR PROCEEDING BY LEGAL COUNSEL ACCEPTABLE TO THE OWNER. THE INDEMNITY PROVIDED HEREINABOVE SHALL SURVIVE THE TERMINATION AND/OR EXPIRATION OF THIS AGREEMENT. By this Agreement, the OWNER does not consent to litigation or suit, and the OWNER hereby expressly revokes any consent to litigation that it may have granted by the terms of this Contract or any other contract or agreement, any charter, or applicable state law. Nothing herein shall be construed so as to limit or waive OWNER S sovereign immunity. CONSULTANT assumes full responsibility for its work performed hereunder and hereby releases, relinquishes and discharges OWNER, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character for any injury to or death of any person and/or any loss of or damage to any property that is caused by or alleged to be caused by, arising out of, or in connection with CONSULTANT's work to be performed hereunder. This release shall apply with respect to CONSULTANT s work regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance. The protections afforded to OWNER in this Exhibit K shall control and supersede any apportionment of liability or release of liability contained elsewhere in the Contract Documents. Furthermore, the provisions contained in this Exhibit K shall survive the termination and/or expiration of this Agreement. Page 2 of 2 Pages (Exhibit K - Indemnification)

96 AIR f. BAYTOWN CITY COUNCIL MEETING Meeting Date: 06/28/2012 Consider Calling City of Baytown November 6, 2012 Municipal Election - City Clerk. Prepared for: Leticia Brysch Prepared by: Leticia Brysch, City Clerk's Office Department: City Clerk's Office Information ITEM Consider an ordinance calling for the City of Baytown General Election to be held on November 6, 2012, for the purpose of electing a mayor at large. PREFACE This ordinance calls for the City of Baytown Municipal Election to be held on November 6, 2012, for the purpose of electing a mayor at large. This is the first City of Baytown General Election, which will be held on the November uniform election date instead of the May uniform election date; a change that resulted from Senate Bill 100 passed in the last Texas Legislative Session. Because the general election is in November, the City must contract with both Harris and Chambers Counties for election services; thus, many of the details regarding the election have not been finalized at this time. However, below is a list of important dates that we do have regarding the upcoming election that we feel will be helpful to the public: The first day to file for a place on the ballot is on July 21, 2012; however, since this day falls on a Saturday, the first day to file will be the following Monday, July 23, 2012, during regular office hours, with the City Clerk (the Mayor's designee). The last day to file for a place on the ballot is Monday, August 20, The candidate drawing for positions on the ballot will take place on Tuesday, August 21, 2012, at 10:00 a.m. in City Hall. The last day to for a candidate to withdrawal his/her name to be omitted from the ballot is on August 31, 2012, during regular office hours. Early voting by personal appearance will take place from Monday, October 22nd through Friday, November 2nd, 2012 (dates and times may vary between Harris and Chambers County). Notice of branch early voting schedule will be posted as soon as that information is received from the respective counties. Please note that the candidate packet for this election is now available in the City Clerk's Office for pickup (in CD format), as well as, on the City's website where it can be downloaded

97 by individual forms or as an entire packet at: Please note that the Council is scheduled to call the City's Special Election regarding the proposed Charter Amendments at the first meeting in August. This item supports the City's vision for government transparency and for a community of which we can all be proud. RECOMMENDATION Staff recommends approval. Fiscal Impact Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Operating Funds Budgeted Y/N: Y Amount Needed: 35,000 Fiscal Impact (Additional Information): The total amount due for this election will depend on the number of entities joining in the joint election contract with Harris County and Chambers County. The $35,000 is an estimate cost based on based citywide joint elections held with the counties. Ordinance - Calling Municipal Election Attachments

98 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ORDERING THE MUNICIPAL ELECTION TO BE HELD ON THE 6 TH DAY OF NOVEMBER, 2012, FOR THE PURPOSE OF ELECTING A MAYOR OF THE CITY OF BAYTOWN; DESIGNATING THE PLACES AND MANNER OF HOLDING SAID ELECTION; PRESCRIBING THE HOURS; ESTABLISHING THE CENTRAL COUNTING STATION; PROVIDING FOR AN EARLY VOTING BALLOT BOARD FOR EARLY BALLOTS; PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ****************************************************************************** WHEREAS, pursuant to Article II, Section 12 of the Charter of the City of Baytown, Texas, Ordinance No. 9488, Resolution No. 2159, the Texas Election Code and the Order of the Court in Campos, et al. v. City of Baytown, et al., providing for the manner of election and the term of office of the members of the City Council of the City of Baytown, the City Council herein calls its municipal election to be held on the 6 th day of November, 2012; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the regular municipal election of the City of Baytown, as prescribed in Article II, Section 12 of the Charter of the City of Baytown, Resolution No. 2159, and Sections and of the Texas Election Code, shall be held between the hours of seven o'clock (7:00) a.m. and seven o'clock (7:00) p.m. on the 6 th day of November, 2012, in the City of Baytown, Texas, for the purpose of electing the Mayor of the City of Baytown, at large. Section 2: That the Mayor for the City shall be elected at large by majority vote. Section 3: That the qualifications of the Mayor shall be as follows: OFFICE Mayor QUALIFICATIONS shall be a citizen of the United States of America; shall be a qualified voter of the State of Texas; shall have resided for at least six months next preceding the election within the corporate limits of the City of Baytown; and shall meet such other requirements as set forth in Chapter 141 of the Texas Election Code. Section 4: That any eligible and qualified person may have his/her name printed upon the official ballot as an independent candidate for the office of Mayor by filing a sworn application with the Mayor of the City of Baytown or his designee the City Clerk no later than August 20, The form of the sworn application for the candidates for the office of Mayor shall be as set forth by Section of the Texas Election Code.

99 Section 5: That the form of the ballot for said election shall be substantially as follows: FOR MAYOR OFFICIAL BALLOT Section 6: That any person eligible for the office of Mayor who has filed his/her own sworn application in accordance with the provisions of this ordinance shall have his/her name printed on the official ballot. On or before August 31, 2012, any such person may cause his/her name to be withdrawn by filing, in writing, with the Mayor, a request to that effect over his/her own signature, duly attested to by a Notary Public. No names so withdrawn shall be printed on the ballot. Section 7: That should a runoff election be necessary, the runoff election, pursuant to Sections and of the Texas Election Code, shall be held between the hours of seven o'clock (7:00) a.m. and seven o'clock (7:00) p.m. on the 15 th day of December, 2012, in the City of Baytown, Texas. Section 8: That the election called in Section 1 hereof shall be held as a joint election with Harris County and Chambers County pursuant to the joint election agreements to be entered into with each county. Section 9: That the City shall use the polling places along with election officials for the municipal election ordered in Section 1 hereof as designated by Harris County and Chambers County. Section 10: Direct recording electronic (DRE) equipment shall be used for voting at the designated election precincts, and electronic counting devices and equipment shall be used for counting the ballots at the election. Section 11: Each qualified voter who desires to cast an early vote shall be entitled to an official ballot and the right to cast such ballot in accordance with the provisions of the Texas Election Code. Early voting will be conducted by the Early Voting Clerks at the places designated by Harris and Chambers Counties. Direct recording electronic (DRE) equipment shall be used for early voting by personal appearance. Early voting by personal appearance shall commence on October 22, 2012, and end on November 2, 2012, in accordance with the schedules adopted by Harris and Chambers Counties. Paper ballots shall be used for early voting by mail in Harris County and Opti Scan mail ballots shall be used for early voting by mail in Chambers County. Applications for ballots to be voted by mail should be mailed to either: Stan Stanart Harris County Clerk P.O. Box 1525 Houston, TX based upon the county of residence of the qualified voter. Heather Hawthorne Chambers County Clerk P.O. Box 728 Anahuac, Texas

100 Section 12: The Central Counting Stations to receive and tabulate voted ballots shall be at the locations designated by Harris and Chambers Counties. Section 13: That the general municipal election shall be held in accordance with, and shall be governed by, the election laws of the State of Texas. In the municipal election, the Mayor and the City Clerk of the City of Baytown shall do and perform each act as required to be done and performed respectively by the County Judge and the County Clerk of the Commissioners' Court. The notice of this election shall be given by posting a substantial copy of this election ordinance at City Hall and at three other places in the City, not later than the 21 st day prior to the date set for the election; and a substantial copy of this election ordinance also shall be published once in a newspaper of general circulation published in the City, the date of the first publication to be not more than 30 days and not less than 10 days prior to the date set for the election. Notice of the Election shall also be provided to the Chambers County Clerk and the Harris County Clerk not later than the 60 th day before the date of the election ordered herein. Section 14: The City Clerk is further authorized to give or cause to be given notices required for the election, and to take such other and further action as is required to conduct the election in compliance with the Texas Election Code. Section 15: In all matters relating to the ordering, giving notice, and holding the election, the City shall comply with the applicable parts of the Texas Election Code, including particularly Chapter 272 of the Texas Election Code pertaining to bilingual requirements, and the Federal Voting Rights Act of 1965, as amended. Section 16: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown, Texas. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown on this the 28 th day of June, ATTEST: STEPHEN H. DONCARLOS, Mayor LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney \\Cobfs01\legal\Karen\Files\City Council\Ordinances\2012\June 28\CallingMunicipalElection.doc 3

101 AIR a. BAYTOWN CITY COUNCIL MEETING Meeting Date: 06/28/2012 Ordinance: Consider Approving Budget Amendments to the FCPEMSD Budget Health and EMS. Prepared for: Mike Lester Department: Health and EMS Prepared by: Leticia Brysch, City Clerk's Office Information ITEM Consider an ordinance amending the Baytown Fire Control, Prevention, and Emergency Medical Services District's Fiscal Year budget in order to reprogram funds from Machinery and Equipment to Motor Vehicles for the purchase of a replacement vehicle for the EMS Coordinator. PREFACE This proposed ordinance amends the Baytown Fire Control, Prevention, and Emergency Medical Services District's Fiscal Year budget in order to reprogram funds from Machinery and Equipment to Motor Vehicles for the purchase of a replacement vehicle for the EMS Coordinator. After receiving negative feedback regarding the service of the previously approved oxygen generating system, the EMS Division researched the product and its quality of service with current users in our surrounding communities. The EMS Division found that there are several components of the previously approved system that requires periodic servicing, rebuilding or replacement, which could significantly increase its maintenance and operating cost. Furthermore, in speaking with other departments using the previously approved system, they were unhappy with the technical service availability in the area, and stated that they were having trouble finding companies that could complete the required service in a timely and cost effective manner. In one instance, a provider had the company come and pick up the equipment for a refund. Further research found that a different system, will enable cost saving by using the current oxygen delivery system and can be used with an oxygen generating system if needed at a later date. This proposed ordinance approves amendments to the Baytown Fire Control, Prevention, and EMS District's Fiscal Year budget in order to eliminate the purchase of the previously approved oxygen generating system worth $75,000 and using those monies to

102 purchase Hypress HPE o-CL2-B Cylinder Fill / Booster Enclosure at a cost of $25,000. This resolution further approves the purchase of the following capital items with the remaining monies: 1. Stryker Power Cot Pro XT 6500 Hydraulic Stretcher, $15,000: This stretcher will replace a stretcher purchased in 2009 and allow for a reserve hydraulic stretcher during maintenance or malfunction Chevy Tahoe to replace EMS Coordinator 2005 Expedition,$35,000:This purchase is budgeted for 2012/2013 FCPEMSD Budget. It will allow the replacement of EMS Coordinators 2005 Ford Expedition (108,000 miles) a few months earlier. This will allow for additional replacement of two Stryker Power cot units (as described in #1 above) currently having increasing maintenance / repair issues in the capitol item purchases proposed in the next budget year. The FCPEMSD approved this amendment at its June 19, 2012 regular meeting. This item supports the City's vision of providing great public safety. RECOMMENDATION Staff recommends approval. Fiscal Impact Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: Amount Needed: Fiscal Impact (Additional Information): There is no fiscal impact to the city as these funds are part of the FCPEMSD budget. Attachments Ordinance - FCPEMSD Budget Amendment Exhibit A - FCPEMSD Budget Amendment

103 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING A BUDGET AMENDMENT TO THE FISCAL YEAR BUDGET SUBMITTED BY THE BOARD OF DIRECTORS OF THE BAYTOWN FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ****************************************************************************** WHEREAS, on the 19th day of July, 2011, after considering the proposed budget together with the testimony and information received at the public hearings, the Baytown Fire Control, Prevention and Emergency Medical Services District (the District ) adopted its budget; and WHEREAS, on the 25 th day of August, 2011, the City Council, after holding a public hearing to consider the budget adopted by the Board of Directors of the District (the Board ), approved the District s fiscal year budget; and WHEREAS, on the 19 th day of June, 2012, the Board approved an amendment to the District s fiscal year budget in order to reprogram THIRTY-FIVE THOUSAND AND NO/100 DOLLARS ($35,000.00) from Machinery and Equipment to Motor Vehicles for the purchase of a replacement vehicle for the EMS Coordinator. WHEREAS, pursuant to Section (f) of the Texas Local Government Code together with the procedures enacted by the Board for adopting a budget, the City Council must approve the amendment in order for the same to be in effect; and WHEREAS, the City Council of the City of Baytown, after considering the submitted budget amendment believes that the amendment approved by the Board is consistent with the interest of the residents of the District; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That all matters and facts set forth in the recitals hereinabove are found to be true and are approved by the City Council of the City of Baytown, Texas. Section 2: That the City Council of the City of Baytown, Texas hereby approves the amendment to the fiscal year budget of the Board of the Baytown Fire Control, Prevention, and Emergency Medical Services District, which amendment is attached hereto as Exhibit A and is incorporated herein for all intents and purposes for the District s fiscal year. Section 3: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown.

104 INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 28 th day of June, ATTEST: STEPHEN H. DONCARLOS, Mayor LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney \\Cobfs01\legal\Karen\Files\City Council\Ordinances\2012\June 28\ApprovingAmendment2FCPEMSD Budget.doc 2

105 EXHIBIT "A" BUDGET APPROPRIATION TRANSFER FISCAL YEAR 10/1/11 thru 9/30/12 DATE 6/19/12 Period 9 FUND DIVISION 207 FCPEMSD Special District EMS CONTROL NUMBER Include in End of Year Budget Amendment TRANSFER FROM: Transfers Out - Journal Entry CURRENT ADJUSTED ACCOUNT ACCOUNT AVAILABLE BUDGET TRANSFER BUDGET NUMBER NAME BALANCE AMOUNT AMOUNT AMOUNT Machinery & Equipment $ 99, $ 100, $ (35,000.00) $ 65, TRANSFER TO: Motor Vehicles $ (2,350.00) $ 150, $ 35, $ 185, EXPLANATION: The Special District EMS budget will reprogram $35,000 from Machinery & Equipment to Motor Vehicles to purchase a replacement vehicle for the EMS Coordinator. TO BE EXCUTED UPON FCPEMSD BOARD APPROVAL: Requested By: Date Director of Finance Date Audited By: Date City Manager/Deputy City Manager/Assistant City Manager Date (If applicable) Entered By: Date

106 AIR b. BAYTOWN CITY COUNCIL MEETING Meeting Date: 06/28/2012 Ordinance: Consider Granting a Pipeline Easement and a Pipeline Permit to Lone Star NGL Mont Belvieu LP -Engineering. Prepared for: Jose Pastrana Prepared by: Linda Newsted, Engineering Department: Engineering Information ITEM Consider an ordinance granting a permit easement and a pipeline permit for the installation of a 20-inch pipeline to Lone Star NGL Mont Belvieu LP. PREFACE This proposed ordinance grants a pipeline easement and a pipeline permit for Lone Star NGL Mont Belvieu LP, to install a 20-inch pipeline. The easement to be granted is shown on the attached map. The easement to be conveyed is 30 feet wide. A map showing the centerline of the pipeline where the easement is proposed is attached. If approved, the City will receive $14,448, which exceeds the value indicated on the attached appraisal. The new pipeline will cross the following streets in Baytown: Bayway Drive Wooster Street John A Street Ashby Street North Street State Highway 330 West Baker Road W. Cedar Bayou Lynchburg Road John Martin Road Garth Road Hunt Road Independence Blvd Sharon Lane IH 10 South Palm Drive

107 Crosby Cedar Bayou Road Harvest Lane East Wallisville Road This pipeline will transport natural gas liquids, with a maximum operating pressure of 1440 PSIG. The line will be tested to a minimum 1800 PSIG, and have a minimum yield strength of 60,000 PSI. The carrier pipe has an outside diameter of 20-inches and a wall thickness of inches. The pipeline will be API 5L x60 ERW pipe with a fusion bond epoxy coating. The proposed pipeline is an intrastate pipeline regulated by intrastate rules/regulations. Staff recommends a bond amount of $5,000,000. This item supports the City of Baytown's Infrastructure Maintenance and Improvement vision by improving the level of services and infrastructure. RECOMMENDATION Staff recommends approval. Fiscal Impact Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: Amount Needed: Fiscal Impact (Additional Information): Proceeds from the easement will be credited to the general fund. Attachments Map Ordinance - Lone Star Pipeline Easement & Permit Exhibit A - Easement Exhibit A - Legal Descriptions Exhibit B - Lone Star Permit Exhibit A - Indemnity Agreement Appraisal Reports

108 CITY OF BAYTOWN 4 Lone Star Easements McLEAN RD. LONE STAR HA CO PARCEL I 30' EASEMENT LONE STAR HA CO PARCEL II EASEMENT CRESTMONT ST LOU HAZEL ST LILLIAN ST VAE ISE ST DR. LELAND DR. SHIRLEY ST HEM LORRAINE DR SAGE LOCK GAYLA LN. ST. CRAIGMONT BLVD. LARCH CIR WILLOWVIEW LINDA LN LARCH DR PONDEROSA DR. DR HEM LOCK DEBORAH LN CAROUSEL CIR 3,236,387.9, 13,854, ,236,354.75, 13,854, ,236,274.26, 13,853, VILLAGE LN. SOM T COBBLESTONE CARRIAGE COACHMAN DR INTERLAC PECAN GROVE DRIVE PEPPER MILL AVE PARSEY AVE. 3,236,236.57, 13,851, ,236,227.48, 13,851, SURREY LN. COACHLIGHT LN LANTERN LN CINNAMON LN OLD OAKS DRIVE RIPPLECREEK DR LN 3,236,333.87, 13,849, ,236,340.51, 13,849, LN HOMEWOOD LN SCOTT WOOD DR. MAPLE DR SANDPIPER DR. SANDPIPER CIRCLE SHELLDRAKE WAY FAWNDALE WAY RIPPLE CREEK CIRCLE QUAIL HOLLOW WOODSTONE DR. BURNING TREE ST. ANDREWS JOHN MARTIN RD SANDLEWOOD CIRCLE CIRCLE HEATHERWOOD DR QUAIL HOLLOW DR QUAIL- WOOD µ Legend MEADOWOOD CIRCLE MEADOWOOD DR DRIFTWOOD DR DEERWOOD CIRCLE STONEHEDGE DR DR DR DR CONNALLY RD. 4 Lone Star Easements RailRoads City Limits CITY LIMITS CITY W CEDAR BAYOU-LYNCHBURG RD LONE STAR HA-063CO 30' EASEMENT LIMITED ANNEXATION LONE STAR HA-066CO 30' EASEMENT BUSH RD. TALLOW COVE DR. OAKWOOD COURT DR REFLECTION CIR.(PVT.) ESTATE DR. DR IVY COVE DR. PINEWOOD COURT DR MAJESTIC LA NOBLE CT. MANOR DRI W. BAKE IRO

109 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING AN EASEMENT AND A PIPELINE PERMIT TO LONE STAR NGL MONT BELVIEU LP TO INSTALL ONE NEW 20-INCH PIPELINE; ESTABLISHING THE AMOUNT OF THE BOND; AUTHORIZING AND DIRECTING THE DIRECTOR OF ENGINEERING TO ISSUE THE PERMIT THEREFOR; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ****************************************************************************** WHEREAS, Lone Star NGL Mont Belvieu LP has submitted a pipeline application to install one new 20-inch pipeline in the City limits and its extraterritorial jurisdiction (hereinafter referred to as the Pipeline ); and WHEREAS, the Director of Engineering, based upon the assessment of the Director of Planning and Development Services, the Fire Chief, the Director of Public Works/Utilities, and the Emergency Management and Preparedness Coordinator as to compliance with Article V of Chapter 34 of the Code of Ordinances of the City of Baytown, Texas, and based upon his examination of the application and plans for the Pipeline, has issued a report to the City Council recommending granting a permit for the Pipeline; and WHEREAS, the City Council has received such report and has determined that, based upon the representations of Lone Star NGL Mont Belvieu LP, the application meets all applicable provisions of Article V of Chapter 34 of the Code of Ordinances of the City of Baytown, Texas, as well as all federal and state regulations; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That contingent upon receipt of FOURTEEN THOUSAND FOUR HUNDRED FORTY-EIGHT AND NO/100 DOLLARS ($14,448.00) the City Council of the City of Baytown, Texas, hereby grants an easement to Lone Star NGL Mont Belvieu LP. A copy of said easement is attached hereto, marked Exhibit A and made a part hereof for all intents and purposes. Section 2: That, subject to the grant of the easement authorized in Section 1 hereof and to the receipt of the bond specified in Section 3 hereof, the City Council of the City of Baytown hereby grants the pipeline permit, which is attached hereto as Exhibit B and incorporated herein for all intents and purposes, to Lone Star NGL Mont Belvieu LP for the new pipeline described therein and authorizes and directs the Director of Engineering to execute such permit. Section 3: That, subject to the grant of the easement authorized in Section 1 hereof and to the receipt of the bond specified in Section 4 hereof, the City Council of the City of

110 Baytown hereby authorizes and directs the City Manager and the City Clerk to execute and attest to an indemnity agreement with Lone Star NGL Mont Belvieu LP corresponding to the pipeline. Section 4: That the City Council of the City of Baytown hereby establishes FIVE MILLION AND NO/100 DOLLARS ($5,000,000.00) as the amount of the bond or other form of security satisfactory to the City, which shall be tendered prior to any construction, repair, adjustment, relocation or replacement of the pipeline pursuant to Section of the Code of Ordinances, Baytown, Texas. Section 5: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown this the 28 th day of June, ATTEST: STEPHEN H. DONCARLOS, Mayor LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney \\Cobfs01\legal\Karen\Files\City Council\Ordinances\2012\June 28\NewPipelinePermit4LoneStarNGLMontBelvieuLP20Inch.doc 2

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