HomeMy WebLinkAboutPACKET JUL 19 1983 CONSENT AGENDil,
JULY 19, 1983
* Approve Minutes.
a. A resolution authorizing withdrawal of certain securities pledgee
as collateral for city deposits.
b. A resolution authorizinq Karl Nollenberger to sign checks erat•,r
against city bank accounts.
July 15, 1983
Council Letter 16.
Honorable Mayor and
Members of City Council
Subject: Withdrawal of Securities
The Texas Commerce Bank -- Beaumont has requested release of $1,160,000
in securities pledged as collateral for city deposits.
The withdrawal would leave $36,500,000 in other securities as collateral
-- an amount more than sufficient to maintain the required dollar-for-
dollar match of securities to deposits.
As of July 12, the deposits totaled $23,366,164.94.
Karl Nollenberger
City Manager
July 15, 1983
Council Letter 15.
Honorable Mayor and
Members of City Council
Subject: Signature Authorization
The resolution attached to this Council letter would authorize Karl
Nollenberger to sign checks drawn against City bank accounts. This
is necessitated due to the recent appointment as city manager.
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Karl Nollenberger
City Manager
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A G E N D A
REGULAR SESSION OF THE CITY COUNCIL
JULY 19, 1983
CITY COUNCIL CHAMBERS
* Invocation.
* Pledge of Allegiance.
* Roll Call .
* Proclamations.
* Consent Agenda.
1. a. Public hearing on zoning changes recommended for Section I of the
Pine Street/Magnolia Rezoning Study.
b. An ordinance effecting zoning changes recommended for Section I of
the Pine Street/Magnolia Rezoning Study.
2. An ordinance abandoning a 20-foot wide alley in Block 85, Pinecrest
Addition.
3. An ordinance abandoning a 12-foot alley in Block 24, Jarrette Addition,
and a 6-foot utility easement in Lot 1, Calder Courts Addition.
4. A resolution authorizing a contract for technical services with CRH
Associates in development of the new landfill on Lafin Drive as may be
necessary to insure compliance with state permit requirements .
5. A resolution authorizing employment of consulting engineers for design
and construction supervision of the new landfill .
6. An ordinance calling an election for August 13 on repeal of an ordinance
changing the name of Fourth Street to M. L. King Drive.
7. A resolution authorizing purchase of a tractor-loader for the water
reclamation plant.
8. A resolution authorizing the purchase of a submersible sewage grinder
pump system.
f
Council Agenda
July 19, 1983
Page 2
9. A resolution appointing Texas Commerce Bank as Placement Agent for
the $1,700,000 in Certificate of Obligation to be issued for the
new landfill .
10. A resolution authorizing change order No. 2 to the contract with
D & H Construction Co. for water system improvements, accepting the
work performed under the contract and authorizing final payment.
11. A resolution authorizing the purchase of a parcel of right-of-way
for the Spur 380 Extension.
12. A resolution ratifying the execution of a SBA Park Development and
Rehabilitation Grant Agreement.
13. A resolution authorizing change order Nos. 5 and 6 to the contract
with Erwin Nash Construction Co. for construction of the service
center.
Other business.
Hear citizens.
Adjourn.
t
July 15, 1983
Council Letter 1.
Honorable Mayor and
Members of City Council
Subject: Pine Street/Magnolia Rezoning Study, Section I
An ordinance being prepared for Tuesday' s meeting would effect the zoning
changes recommended as a result of Section I of the Planning Department's
Pine Street/Magnolia rezoning study. Because a quorum of the Council was
not present for Monday's scheduled joint public hearing, it will be neces-
sary to conduct a separate public hearing before the ordinance is considered
for action.
These matters will be listed on the agenda as Item 1-a. the public hearing,
and Item 1-b. the ordinance.
The study covered an area bounded generally by Grand Avenu e (including lots
on both sides of the street) , Elm, Delaware and Brakes Bayou.
The recommendations are for changes from the present R-3 (Modified Two Family
& Multiple Dwelling) , to RS (Single Family Residential ) , RM-M (Multifamily
Medium Density) , and RM-H (Multifamily High Deniity) , according to the specific
character of subsections of the study area.
The Planning Commission voted 5-0 to endorse the staff recommendations.
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Karl Nollenberger
City Manager
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TO: City Council
FROM: Planning Department
SUBJECT: Summary of Planning Commission action on Pine Street/
Magnolia Rezoning Study, Section I ; July 11, 1983.
GENERAL INFORMATION
The Pine Street/Magnolia Rezoning Study encompasses all properties
from Pine Street east to Brakes Bayou and beginning at Delaware
south to Elm. Existing zoning is R-3, the original classifica-
tion from 1955. There have been only one or two zone changes in
the area in the 27 years that have followed. Pine Street is the
only north/south residential. collector. Delaware is the only east/
west arterial street. All others are generally standard to sub-
standard pavement widths. Existing utilities are generally ade-
quate for residential uses. Most streets are local residential
` having a 60-foot right-of-way and 16 , 18 , 20 or 30-foot pavements.
The comprehensive plan designates the area in the study as a
Conservation and Revitalization Area.
Surrounding Zoning and Land Use north - R-3, mixed single family
and retail
east - Brakes Bayou
south - LI, single family and
commercial
west - GC-MD, single family
and commercial
Comprehensive Plan Conservation and Revitalization
PLANNING STAFF RECOMMENDATION
The staff recommended the following:
Area 1, currently zoned R-3 , proposed for RS;
Area 2 , currently zoned R-3, proposed for RM-M; and
Area 3, currently zoned R-3, proposed for RM-H.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommended approval of the request as proposed
by staff by a vote of 5 to 0 .
PUBLIC NOTIFICATION AND RESPONSE
Notices mailed to property owners inside study area 434
Responses in favor of request 21
Responses opposed to request 6
Notices mailed to property owners within 200 ' 146
Responses in favor of rPRuest 0
Responses opposed to request
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July 15, 1983
Council Letter 2.
Honorable Mayor and
Members of City Council
Subject: Abandonment of Alley in Pinecrest
The abandonment of a 20-foot-wide undeveloped alley in Block 85 of Pinecrest
Addition is being sought by the property owner, Si-d Segura , in order to per-
mit erection of a fence.
Block 85 is located on the west side of Magnolia Avenue between F i 1 1 more and
Pierce. the alley parallels Miagnolia Avenue, as shown on the attached map.
The Planninq Commission hlondav voted 4-0 to endorse a recommendation of the
Planninq Department that the request be granted subject to retention of a
general utility easement on the abandoned right-of-way for maintenance of a
six-inch sanitary sewer line and a two-inch natural gas service line in the
aIIe.v .
lne request has been reviewed ane approved by all public utilities companies,
subject to retention of the easement. '
It is recommended that the alley be abandoned and the easement retained on the
dbandoned right-of-way.
Karl Nollenberger
City Manager
A of
TO: City Council
FROM: Planning Department
SUBJECT: Summary of Planning Commission action on File 407-OB;
July 11, 1983 .
GENERAL INFORMATION
Applicant Sid Segura
Requested Action alley abandonment
Purpose of Request applicant and property owners
will fence in alley area
Property Description Block 85, Pinecrest Addition
EXISTING UTILITIES
- 6-inch sanitary sewer
- 2-inch Entex gas line
ANALYSIS
E ll City departments and public utilities have submitted their
espective approval.
PLANNING STAFF RECOMMENDATION
The staff recommended approval of the abandonment of the alley as
a right-of-way subject to retention of the entire width as a
general utility easement.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommended approval of the abandonment
subject to retention of the entire width as a general utility ease-
ment by a vote of 4 to 0.
��,- r •_ �, , FILE 407-OB. RLQUEST TO ABANDON A 20-
1 f + •� . ' _� FOOT ALLEY IN BLOCK 85; PINECREST
ADDITION. ,
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July 15, 1983
Council Letter 3.
Honorable Mayor and
Members of City Council
Subject: Request for Abandonment of Alley and Utility Easement
The City is being asked to abandon a 12-foot-wide undeveloped alley and a
six-foot-wide utility easement in the block on the west side of 18th Street
south of the intersection of Calder and Phelan.
The request was made by Gilson Viator, the property owner, who wishes to
fence in an auto repair shop on the property.
At its meeting Monday, the Planning Commission voted 4-0 to endorse a Plan-
ning Department recommendation that the request be granted subject to re-
tention of a general utility easement on the alley right-of-way for maintenance
of a telephone service line, the only utility line in the alley.
The request has been reviewed by all the utility companies subject to retention
of the easement. There are no utilities in the existing six-foot-wide easement,
which would be abandoned outright.
The north-south alley and the east-west easement are shown on the attached map.
It is recommended that the alley and the easement be abandoned subject to re-
tention of the easement on the alley right-of-way.
Karl Nollenberger
City Manager
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TO: City Council
FROM: Planning Department
SUBJECT: Summary of Planning Commission action on File 403-OB;
July 11, 1983.
GENERAL INFORMATION
Applicant Gilson Viator
Requested Action abandonment of a 12-foot alley
in Block 24 , Jarrette Addition,
and a 6-foot utility easement
in Lot 1, Clader Court Addition
Purpose of Request enclose property
Property Description Block 24 , Jarrette Addition;
Lot 1, Calder Court Addition
EXISTING UTILITIES
LA Southwestern Bell utility line is located in the alley.
ANALYSIS
Based on the existing Southwestern Bell service line, a general
utility easement is necessary to provide service for the utility.
PLANNING STAFF RECOMMENDATION
The staff recommended approval of the request to abandon the 6-foot
easement in Lot 1, Calder Court. The staff also recommended that
the 12-foot alley be abandoned subject to the entire area being
retained as a general utility easement.
PLANNING COMMISSION RECOMMENDATION
F Planning Commission recommended approval of the request to
don the 6-foot easement in Lot 1, Calder Court, and the 12-foot
y in Block 24 , Jarrette Addition, subject to retention of the
y as a general utility easement by a vote of 4 to 0.
FILE 403-OB. ABANDONMENT OF {
A 12 ALLEY IN BLOCK 24 , JAR- k '
RETTE ADDN. & A 6 ' EASEMENT
IN LOT 1, CALDER COURTS ADDN.
: 5 4 3 2 /_ APPLICANT: GILSON J. VIATOR.
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July 15, 1983
Council Letter 4•
Honorable Mayor and
Members of City Council
Subject: Technical Services Contract
This resolution would authorize employment of CRH Associates, consulting
engineers, for professional services in development of the new landfill
on Lafin Drive.
The services of this firm were used in preparation of the city's appli-
cation for a state permit for the landfill .
The contract now proposed would permit their consulting services to be
used, as necessary, to insure compliance with the permit requirements.
The contract would be for a period through July 11, 1984. The work would
be performed under an hourly rate charge which woul& be negotiated as a
part of the contract discussion.
It is recommended that a resolution be adopted authorizing the City Manager
to execute the contract with CRH Associates on a per hour basis not to ex-
ceed $20,000.
Karl Nollenberger
City Manager
July 15, 1983
Council Letter 5.
Honorable Mayor and
Members of City Council
Subject: Engineering Services for Landfill
Proposals have been entertained by the Director of Transportation for pro-
viding consulting engineering services for design and construction of the
new landfill on Lafin Drive.
The services would include preparation of plans and bid documents and
supervision of construction of roads, levees, ditches fences monitor
wells and holding ponds. The engineering services for these site prep-
aration contracts requires expertise which differ from other phases of
the landfill development.
The three consulting firms who responded are listed below in order of
preference as ranked by the Director of Transportation after reviewing
the proposals:
1. Deevy & Shannon/Freese and Nichols .
2. C.R.H. Associates
3. Schaumburg & Polk
It is recommended that the Council select the Deevy & Shannon firm to perform
the work as described. At a subsequent meeting, a proposed contract will be
presented for your approval .
Karl Nollenberger
City Manager
July 15, 1983
Council Letter _ -
Honorable Mayor and
Members of City Council
Subject: Fourth Street Name Change Election
Petitions against changing the name of Fourth Street were certified as
sufficient by the City Clerk on July 12 after validation of 4,234 signatures
-- the equivalent of 25 per cent of the votes cast in the last City General
Election.
Under initiative and referendum provisions of the City Charter, the Council
must -- within 30 days of the certification date -- either act on the ordi-
nance or call an election to be held within 90 days of the certification
date.
An ordinance calling an election for August 13 has Oeen placed on the agenda
for consideration Tuesday.
Karl Nollenberger
City Manager
July 15, 1983
Council Letter __Z_,_
Honorable Mayor and
Members of City Council
Subject: Purchase of Tractor-Loader
This recommendation for the purchase of a tractor-loader for the water
reclamation plant was on the agenda for last Tuesday's meeting, but action
was postponed for further explanation of the bids and specifications. The
bids that were received were as follows:
Oil City Tractor $15,774.00
Hyco Equipment Co. 14,619.00
Universal Tractor 13,791.00
Equipment Headquarters 15,950.00*
International Harvester 13,349.00*
* Out of Specifications
The bid recommended for acceptance was a $13,791 bid of Universal Tractor and
Equipment Co. of Beaumont on furnishing a Kubota tractor -- the lowest bid
meeting the specifications.
The $13,349 apparent low bid, submitted by International Harvester, failed
to meet the specifications because it was on a tractor with an adjustable
axle. The specifications called for a solid, heavy duty axle, for durability.
Adjustable axles are primarily for farm applications such as plowing and mow-
ing in which it is desirable to adjust the width of the track according to the
spacing of rows or for stability. In industrial applications, solid axles are
less likely to break and require less maintenance, particularly when the tractor
is being used with a front loader.
The tractor proposed to be purchased would replace an old model tractor used
in removal of dried sludge from the plant's dewatering unit. The use involves
loading the sludge onto trucks or transporting it to another location on the
plant site for windrowing.
For this application a solid axle was specified as offering a substantial savings
in maintenance costs which would justify the $442 difference in purchase price.
The other out-of-specifications bid -- from Equipment Headquarters -- was on a
47 N.P. tractor. The specifications called for 50 H.P.
i
i
Council Letter
Subject: Purchase of Tractor-Loader - Page 2
The purchase would be financed from the Fleet Replacement Fund. The need
for the tractor-loader was carefully reviewed and it was determined that
the purchase could not be postponed without adversely affecting the water
reclamation plant's operation. If the council desires to waive the specifi-
cations and award the bid to International Harvester, it should consider
the legal implications of that action. It is generally not allowed to waive-
any specifications which would have allowed additional competition in the
bidding process.
It is recommended that the bid of Universal Tractor and Equipment Co. be
accepted.
Karl Nollenberger
City Manager
d.
July 15, 1983
Council Letter 8.
Honorable Mayor and
Members of City Council
Subject: A resolution authorizing the purchase of a Sewage Grinder Pump
System for a Water Utilities Project
Three (3) bids were received July 6, 1983 for furnishing a sewage grinder
pump for use in providing sanitary sewer service to the Betz Laboratories
plant which is located on the north side of College Street west of Municipal
Airport. The pump will be installed on an easement to be granted by Betz
outside of the plant east of the plant enclosure. This would be approxi-
mately 4000' west of Keith Road on the north side of the railroad track.
Sewer service will be provided through a converted four-inch water line
which formerly served the Mobil Chemical installation west of the Betz
plant. A new 16-inch water main was constructed to the site from a 24-inch
trunkline at Todd and College. Mobil Chemical has switched over to the
16-inch water line and has released the smaller line to the city for sewer
purposes.
Bids Received
Automatic Pump $4,978 Met specifications
Cron Chemical 6,211 Did not meet specifications
Triangle Pump 3,695 Did not meet specifications
The low bid of Triangle Pump failed to meet specifications relating to pumping
capability, R.P.M. of the motor, motor size and grinder operation.
SPECIFICATIONS TRIANGLE PUMP
120 gallons per minute 115 gallons per minute
Motor 5 H.P. 7-112 H.P.
1750 revolutions per minute 3500 revolutions per minute
2 stage grinder with single stage, no reversible
reversible cutters cutters
A larger motor requires more energy to operate and is more prone to operational
difficulties when revolutions per minute increase.
It is recommended that the bid of Automatic Pump & Equipment Co. be accepted.
Ka,- N'��� � �
Karl Nollenberger
City Manager
July 15, 1983
Council Letter 9.
Honorable Mayor and
Members of City Council
Subject: A resolution appointing Texas Commerce Bank as Placement Agent
for the $1,700,000 Certificate of Obligation Bond Issue for
the new landfill .
As you know, Council authorized the issuance of Certificates of obligation
on 6-21-83 intended to cover the cost of opening the new landfill site on
Lafin Road.
We have proceeded to enter into discussions with Texas Commerce Bank for
a private placement of this issue with institutional investors. Such a
Procedure enables us to save most of the issuance costs associated with a
Public offering and does not require that the securities be rated.
The adoption of this Resolution effectively accomplishes the employment of
Texas Commerce as placement agent, establishes a 2% fee for their professional
services and sets an interest rate on the coupons of. approximately 8-1/2%.
The exact rate is being calculated by the bank and will be furnished to you
before Council meeting. The actual interest rate for sale of the bonds will
be determined by the market factors in place on the date of sale via disc
or premiums in the bonds sold. ounts
The urgency in the matter is mandated by the fact that interest rates are
again rising and we have determined that it will be in our best interest to
set a rate as soon as possible. As a for instance, a 112`'1. rise in interest
rates would cost some $52,250 over the life of the issue.
The bonds to be issued will be dated August 1, and will be issued as level debt
with an approximate yearly cost of $265,000 for ten years debt will be
covered by tipping fees generated at the new landfill .
An ordinance authorizing the sale of these certificates will be on the July 26
agenda.
It is recommended that this resolution be approved.
Karl Nollenberger
City Manager
July 15, 1983
Council Letter 11.
Honorable Mayor and
Members of City Council
Subject: Water System Improvements Contract
A contract for water line extensions and fire hydrants has been completed
by D & H Construction Co. at a cost of $82,285.98. The total includes
$13,524.84 added to the contract by two change orders.
The amount of the original contract was $68,761.14. Change Order No. 1 added
$9,357.87 for construction of a water main extension along Lafin Drive from
the LNVA Canal crossing to the water reclamation plant. This line was added
to the contract rather than being handled as a separate project because of
the low unit price in the contract.
Change Order No. 2, to be recommended for approval Tuesday, would add another
$4,166.97 for additional work and for adjustment of estimated quantities of
materials to reflect the quantities actually used in completion of the work.
One addition under this change order would be for crossing Sabine Pass
Avenue with an open cut for a six-inch main extension when it was determined
to be impossible to bore the line under the street without striking other
Utility lines. The extra cost of the open cut crossing was $2,850. One
other addition, in the amount of $232.50, was for lengthening fire hydrant
connections along Cardinal Drive after the highway department required the
extension along that street to be laid six- to-12 inches deeper than anti-
cipated. The $4,166.97 change order includes $3,082.50'for these two additions
and $1 ,084.47 for the net increase for materials after the adjustment to as-
built quantities.
The work performed under the contract has been inspected and found to be
ready for acceptance as completed. The final payment to the contractor,
including the retainage for satisfactory completion would be $6,967.98.
It is recommended that Change Order No. 2 be approved and that the work
be accepted as completed.
Karl Nollenberger
City Manager
July 15 , 19E?
Council Letter 10.
Honorable Mayor and
Members of Citv Council
Subject: Land Acquisition for Spur 380 Right-of-way
The state has asked that a tract of land on the southwest corner of
Railroad Avenue and Van Buren be taken out of the usual sequence of
right-of-way acquisition for the Spur 380 Extension project in order
to forestall construction on the property.
The 33.646-square-foot tract would be acquired from First Continental
Realty Co. for $126,272, the value established by an appraisal furnished
to the city by the state.
Continental has obtained a building permit for a 5150,000 office building
planned for construction on the tract.
The land will be needed for Phase II of the Extension, the section from
the Irving Underpass to Colleqe Street.
All right-of-way needed for Phase I has either been purchased or referred
for condemnation. This is the section from Lamar University to Irving.
The state has not yet furnished the city with the field notes for Phase
II right of way, but six parcels have been acquired fox this section, out
of sequence, in hardship cases. This tract would be the seventh.
Of the 49 parcels needed for Phase I , 46 have been purchased and three
are in eminent domain proceedings.
The city is purchasing the right-of-way for the new multilane thoroughfare
as agent for the state.
It is recommended that authorization be given for the purchase of this
tract.
Karl Nollenberqer
City Manager
ti
APPRAISAL SUMMARY
PROJECT Spur 380 - Lamar Freeway
ACCOUNT TRACT 80
OWNER First Continental Realty Company, Inc.
APPRAISER Values Furnished by the Texas Highway Department
ESTIMATED VALUE OF WHOLE
ESTIMATED VALUE OF PART TAKEN $126.272.00
ESTIMATED AMOUNT OF DAMAGE TO REMAINDER
ESTIMATED TOTAL COMPENSATION FOR TAKING $126,272.00
COMMENTS:
RECOMMEND APPROVAL OF THE ABOVE VALUES FOR NEGOTIATION AND PURCHASE.
i ector of Urban Transportation
DATE 7-14-83
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July 15, 1983
Council Letter 14.
Honorable Mayor and
Members of City Council
Subject: Ratification of the Execution of an SBA Park Development amd
Rehabilitation Grant Agreement.
The city's application for a $95,000 grant from the Small Business Admin-
istration for tree planting on city parks was reduced by the state to
$75,000, necessitating a Council resolution to authorize execution of
an agreement for the lower figure.
Karl Nollenberger
City Manager
July 15, 1983
Council Letter 11.
Honorable Mayor and
Members of City Council
Subject: Water System Improvements Contract
A contract for water line extensions and fire hydrants has been completed
by D & H Construction Co. at a cost of $82,285.98. The total includes
$13,524.84 added to the contract by two change orders.
The amount of the original contract was $68,761.14. Change Order No. 1 added
$9,357.87 for construction of a water main extension along Lafin Drive from
the LNVA Canal crossing to the water reclamation plant. This line was added
to the contract rather than being handled as a separate project because of
the low unit price in the contract.
Change Order No. 2, to be recommended for approval Tuesday, would add another
$4,166.97 for additional work and for adjustment of estimated quantities of
materials to reflect the quantities actually used in completion of the work.
One addition under this change order would be for crossing Sabine Pass
Avenue with an open cut for a six-inch main extension when it was determined
to be impossible to bore the line under the street without striking other
utility lines. The extra cost of the open cut crossing was $2,850. One
other addition, in the amount of $232.50, was for lengthening fire hydrant
connections along Cardinal Drive after the highway department required the
extension along that street to be laid six- to-12 inches deeper than anti-
cipated. The $4,166.97 change order includes $3,082.50'for these two additions
and $1 ,084.47 for the net increase for materials after the adjustment to as-
built quantities.
The work performed under the contract has been inspected and found to be
ready for acceptance as completed. The final payment to the contractor,
including the retainage for satisfactory completdon would be $6,967.98.
It is recommended that Change Order No. 2 be approved and that the work
be accepted as completed.
Karl Nollenberger
City Manager
D
July 18, 1483
Council Memo No. 6
Honorable Mayor and
Members of City Council
Subject: Minority Business Utilization Commitment for City Construction
Contracts
The City Attorney's staff, in conjunction with Councilmembers, has been
working on the Minority Business Utilization Commitment for city con-
struction contractions, estimated to exceed $50,000 for the past few
months. It is believed that the statement of policy is now in its com-
pleted form, after being reviewed by all Councilmembers and appropriate
persons. A copy of the final draft is attached to this memorandum for
your review. If you have any additional comments, please contact myself
or Kenneth Wall immediately on the content of the policy.
A question which needs to be addressed at this point relates to the pro-
cess of disseminating this information. The statement will be included
in each set of plans and specifications which the City puts out for con-
tracts over $50,000. In order to maintain some flexibility for changing
wording, it would be easiest if that be done by direction of the City
Manager as opposed to formal adoption of the policy by the City Council .
However, it is important that the City Council be seen as the body which
is endorsing this policy and directing its utilization for construction
contracts. That could be done by the Mayor presenting it to the press,
along with any interested Councilmembers, by a specific Councilmember
presenting it to the press, by listing it on the Council Agenda for
press notice, or any other method which the City Councilmembers may
desire. I would appreciate hearing back from you concerning your feel-
ings as how to go about disseminating this information in as positive
a manner conceivable for the City.
Karl Nollenberger
City Manager
cc: Kenneth Wall , City Attorney
Joe Ternus, Urban Transportation Director
Attach.
0
7-15-83
MINORITY BUSINESS UTILIZATION COMMITMENT
CITY CONSTRUCTION CONTRACTS ESTIMATED TO EXCEED $ 50, 000
"As part of this project, the contractor shall strive to
obtain a goal of not less than 10 percent of the contract amount
for participation by bona fide minority business enterprises.
To justify a failure to meet this goal, the contractor must show
that every feasible attempt has been made to comply , and that
sufficient, qualified , and competitive bona fide local minority
business enterprises are unavailable for the project.
The lowest bidder agrees to provide, within six (6 ) days
of notification by the City that it is the apparent lowest
bidder, a list of specific minority businesses it anticipates
utilizing, the purpose for which each minority business
enterprise will be utilized, and the dollar amount to be
I
expended for each minority business enterprise or a detailed
statement of the bidder' s attempt to meet the goal along with
evidence satisfactory to the City that sufficient, qualified
and competitive bona fide local minority business enterprises
are unavailable for the project. If the low bidder fails to
comply with this provision, the City shall request the same
certification from the next lowest bidder. If awarded the
contract, the bidder further agrees to furnish a report
containing the same information regarding minority business
utilization at 40% completion of the project. Minority business
enterprises may be employed as subcontractors, vendors or
suppliers, or other project resources.
If it appears during the course of this project that less
than 10 percent cf the contract funds , or such lesser amount as
has been provided in the bidder' s proposal made as required in
the preceding paragraph and has been approved by awarding the
bid , will be expended to such enterprises, this contract may be
suspended or terminated or the City may exercise any other
remedies which it may have as a result of breach of the
contract; provided, however, that this provision shall not apply
if the contractor can demonstrate to the City' s satisfaction
that ( i ) the expenditure shortfall is not the fault of the
contractor, or ( ii ) the contractor will make up the shortfall
during the balance of the contract period.
A list of local minority business enterprises is maintained
in the Department of Urban Transportation. The list shall be
available to all persons desiring such information. The list
shall not be considered the sole source for' identification of
potential minority business enterprises.
The term 'minority business enterprise' means a business in
which ( a) at least 51 percent is owned by minority group members
or, in the case of a corporation, at least 51 percent of the
stock is owned by minority group members; and (b ) the management
and daily business operations are controlled by one or more such
individuals . For the purposes of the preceding sentence,
minority group members include Blacks, Hispanics , Asian
Americans, American Indians, Alaskan Native, and Women. "
July 15, 1983
Council Memo No. 2
Honorable Mayor and
Members of City Council
Subject: Small Business Administration Grant Application for Tree Planting
At the June 28 City Council meeting, the City Council approved a grant
application to the Small Business Administration for funds made available
through the Emergency Jobs Act for the planting of trees in certain city
parks. The application was for $95,000 for planting of trees on Babe
Zaharias, Sprott, McLean, Cottonwood, Central , Carroll , Pine Street,
Roberts, and Rogers Parks. No matching funds were required for this grant
application.
We have been notified that the city has received a $75,000ugrant in response
to our application. The grant will b
and available for tree planting to begin soon thereafter.
Karl Nollenberger
City Manager