Loading...
HomeMy WebLinkAbout07/29/08 REGULARREGULAR MEETING -July 29, 2008 I. INVOCATION, PLEDGE & ROLL CALL Councilmember Williamson gave the invocation followed with the pledge to the flag. The City Council of the City of Port Arthur met in Regular Session on Tuesday, July 29, 2008 at 5:53 p.m. in the City Council Chamber, City Hall, with the following members present: Mayor Deloris "Bobbie" Prince; Mayor Pro Tem Jack Chatman, Jr.; Councilmembers Elizabeth "Liz" Segler, Morris Albright, III, John Beard, Jr.,, Robert ~~Bob" Williamson, Dwana Kay Wise, and Thomas J. ~~Tom" Henderson; City Manager Steve Fitzgibbons, Acting Assistant City Secretary Sherri Bellard, City Attorney Mark T. Sokolow and Sergeant At Arms Police Chief Mark Blanton. Councilmember Martin Flood was absent frorri the meeting. II. PROCLAMATIONS & MINUTES Proclamations -None Minutes February 12, 2008 Special Meeting (City Council) Upon the motion of Councilmember HE~nderson, seconded by Councilmember Williamson and carried over the dissenting votes of Mayor Pro Tem Chatman and Councilmember Beard, the City Council approved the above-mentioned minutes. February 12, 2008 Regular Meeting (City Council) Upon the motion of Councilmember Williamson, seconded by Councilmember Albright and carried over the dissenting votes of Mayor Pro Tem Chatman and Councilmember Beard, the City Council approved the above-mentioned minutes. March 11, 2008 Special Meeting (City Council) Upon the motion of Councilmember Albright, seconded by Councilmember Williamson and carried over the dissenting votes of Mayor Pro Tem Chatman and Councilmember Beard, the City Council approved the above-rr~entioned minutes. March 11, 2008 Regular Meeting (City Council) Upon the motion of Councilmember Henderson, seconded by Councilmember Albright and carried over the dissenting votes of Mayor Pro Tem Chatman and Councilmember Beard, the City Council approved the above-mentioned minutes. March 25, 2008 Special Meeting (Port Arthur Non-Profit Corporation) Upon the motion of Councilmember HE~nderson, seconded by Councilmember Williamson and carried over the dissenting votes of Mayor Pro Tem Chatman and Councilmember Beard, the City Council approved the above-mentioned minutes. April 8, 2008 Special Meeting (City Council) Upon the motion of Councilmember Hender>on, seconded by Councilmember Albright and carried over the dissenting votes of Mayor Pro Tem Chatman and Councilmember Beard, the City Council approved the above-mentioned minutes. ]uly 15, 2008 Regular Meeting (City Council) Upon the motion of Councilmember Henderson, seconded by Councilmember Albright and carried over the dissenting votes of Ma}~or Pro Tem Chatman and Councilmember Beard, the City Council approved the above-mentioned minutes. III. PETITIONS & COMMUNICATIONS A. Sneakers -None B. Presentations (1) Mickey Moshier, Insurance Consultant, Regarding Health, Dental & Life Renewal for 11/1/08 Plan Year Mr. Mickey Moshier, 2520 Edgemont Lane, Nederland, Texas, appeared before the City Council to discuss the renewal of the employee benefit plan. Human Resources Director and Assistant City Manager Harvey Robinson appeared before the City Council to address employee k~enefit inquiries. C. Correspondence -None V. UNFINISHED BUSINESS -None VI. CONSENT AGENDA Upon the motion of Councilmember William:>on, seconded by Councilmember Albright and carried unanimously, the following Consent Agenda items were adopted ~nrith the exception of Item's A, B, C, D and Proposed Rresolution No. 14805: Resolutions -Consent (1) P. R. No. 14733 - A Resolution Authorizing The City Manager To Execute An Interlocal Agreement Between The City Of Port Arthur And City Of Port Neches, As To Accept A Frequency Reconfiguration Agreement With Nextel Of Texas, Inc. Proposed Resolution No. 14733 was adopted (becoming Resolution No. 08-302. (2) P. R. No. 14739 - A Resolution Authorizing The City Manager To Execute An Interlocal Cooperation Agreement Between The City Of Port Arthur And Texas Parks And Wildlife Department For The Extension Of The Distribution System At Sea Rim State Park Proposed Resolution No. 14739 was adopted becoming Resolution No. 08-303. (4) P. R. No. 14815 - A Resolution Awarding A Contract To K 'T Construction, LLC In The Amount Of $10,250.00, And Authorizing The Execution Of A Contract For The Demolition Of Four (4) Dangerous Residential Properties (Group A), To Be Charged To Account No. 303-1603- 591.59-00, Project No. CIP614 (EDC Funds) Proposed Resolution No. 14815 was adopted becoming Resolution No. 08-304. (5) P. R. No. 14816 - A Resolution Awarding A Contract To K-'T Construction, LLC In The Amount Of $10,800.00, And Authorizing The Execution Of A Contract For The City Council Minutes Regular Meeting -June 29, 2008 2 Demolition Of Five (5) Dangerous Residential Properties (Group B), To Be Charged To Account No. 303-1603- 591.59-00, Project No. CIP614 (EDC Funds) Proposed Resolution No. 14816 was adopted becoming Resolution No. 08-305. (6) P. R. No. 14817 - A Resolution Awarding A Contract To K-T Construction, LLC In The Amount Of $15,650.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group C), To Be Charged To Account No. 303-1603- 591.59-00, Project No. CIP614 (EDC Funds) Proposed Resolution No. 14817 was adopted becoming Resolution No. 08-306. (7) P. R. No. 14818 - A Resolution Awarding A Contract To Lark Group, Inc. In The Amount Of $18,700.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group D), To Be Charged To Account No. 303-1603- 591.59-00, Project No. CIP614 (EDC Funds) Proposed Resolution No. 14818 was adopted becoming Resolution No. 08-307. (8) P. R. No. 14819 - A Resolution Awarding A Contract To Lark Group, Inc. In The Amount Of $18,000.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group E), To Be Charged To Account No. 303-1603- 591.59-00, Project No. CIP614 (EDC Funds) Proposed Resolution No. 14819 was adopted (becoming Resolution No. 08-308. (9) P. R. No. 14820 - A Resolution Awarding A Contract To K=T Construction, LLC In The Amount Of $16,900.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group A-t), To Be Charged To Account No. 303-1603- 591.59-00, Project No. CIP614 (EDC Funds) Proposed Resolution No. 14820 was adopted becoming Resolution No. 08-309. (10) P. R. No. 14821 - A Resolution Awarding A Contract To Lark Group, Inc. In The Amount Of $19,000.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group B-t), To Be Charged To Account No. 303-1603- 591.59-00, Project No. CIP614 (EDC Funds) Proposed Resolution No. 14821 was adopted becoming Resolution No. 08-310. (11) P. R. No. 14822 - A Resolution Awarding A Contract To Lark Group, Inc. In The Amount Of $21,600.00, And Authorizing The Execution Of A Contract For The Demolition Of Six (6) Dangerous Residential Properties (Group C-t), To Be Charged To Account No. 303-1603- 591.59-00, Project No. CIP614 (EDC Funds) Proposed Resolution No. 14822 was adopted becoming Resolution No. 08-311. City Council Minutes Regular Meeting -June 29, 2008 3 (12) P. R. No. 14823 - A Resolution Awarding A Contract To Lark Group, Inc. In The Amount Of $23,000.00, And Authorizing The Execution Of A Contract For The Demolition Of Six (6) Dangerous Residential Properties (Group D-t), To Be Charged To Account No. 303-1603- 591.59-00, Project No. CIP614 (EDC Funds) Proposed Resolution No. 14823 was adopted becoming Resolution No. 08-312. (13) P. R. No. 14828 - A Resolution Authorizing A Contract With Haynes-Eaglin-Waters To Implement The Revitalization Plan For Redevelopment Of The Westside Proposed Resolution No. 14828 was adopted becoming Resolution No. 08-313. (14) P. R. No. 14830 - A Resolution Awarding A Contract To Lark Group, Inc. In The Amount Of $17,400.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group A), To Be Charged To Account No. 106-1425- 571.59-00, Project No. RITA01 (TDHCA Funds) Proposed Resolution No. 14830 was adopted becoming Resolution No. 08-314. (15) P. R. No. 14831 - A Resolution Awarding A Contract To Lark Group, Inc. In The Amount Of $12,600.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group 6), To Be Charged To Account No. 106-1425- 571.59-00, Project No. RITA01 (TDHCA Funds) Proposed Resolution No. 14831 was adopted becoming Resolution No. 08-315. (16) P. R. No. 14832 - A Resolution Awarding A Contract To Lark Group, Inc. In The Amount Of $13,400.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group C), To Be Charged To Account No. 106-1425- 571.59-00, Project No. RITA01 (TDHCA Funds) Proposed Resolution No. 14832 was adopted becoming Resolution No. 08-316. (17) P. R. No. 14833 - A Resolution Awarding A Contract To Lark Group, Inc. In The Amount Of $13,900.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group D), To Be Charged To Account No. 106-1425- 571.59-00, Project No. RITA01 (TDHCA Funds) Proposed Resolution No. 14833 was adopted becoming Resolution No. 08-317. (18) P. R. No. 14834 - A Resolution Awarding A Contract To Lark Group, Inc. In The Amount Of $13,200.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group E), To Be Charged To Account No. 106-1425- 571.59-00, Project No. RITA01 (TDHCA Funds) Proposed Resolution No. 14834 was adopted becoming Resolution No. 08-318. City Council Minutes Regular Meeting -June 29, 2008 4 (19) P. R. No. 14835 - A Resolution Awarding A Contract To Lark Group, Inc. In The Amount Of $13,800.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group F), To Be Charged To Account No. 106-1425- 571.59-00, Project No. RITA01 (TDHCA Funds) Proposed Resolution No. 14835 was adopted becoming Resolution No. 08-319. (20) P. R. No. 14836 - A Resolution Awarding A Contract To Apache Waste, LP In The Amount Of $13,500.00, And Authorizing The Execution Of A Contract For The Demolition Of Four (4) Dangerous Residential Properties (Group G), To Be Charged To Account No. 106-1425- 571.59-00, Project No. RITA01 (TDHCA Funds) Proposed Resolution No. 14836 was adopted becoming Resolution No. 08-320. (21) P. R. No. 14837 - A Resolution Awarding A Contract To K-'T Construction, LLC In The Amount Of $13,800.00, And Authorizing The Execution Of A Contract For The Demolition Of Four (4) Dangerous Residential Properties (Group A-t), To Be Charged To Account No. 106-1425- 571.59-00, Project No. RITA01 (TDHCA Funds) Proposed Resolution No. 14837 was adopted becoming Resolution No. 08-321. (22) P. R. No. 14838 - A Resolution Awarding A Contract To K-'T Construction, LLC In The Amount Of $18,100.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group B-t), To Be Charged To Account No. 106-1425- 571.59-00, Project No. RITA01 (TDHCA Funds) Proposed Resolution No. 14838 was adopted becoming Resolution No. 08-322. (23) P. R. No. 14839 - A Resolution Awarding A Contract To K-'T Construction, LLC In The Amount Of $22,250.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group C-t), To Be Charged To Account No. 106-1425- 571.59-00, Project No. RITA01 (TDHCA Funds) Proposed Resolution No. 14839 was adopted becoming Resolution No. 08-323. (24) P. R. No. 14840 - A Resolution Awarding A Contract To K=T Construction, LLC In The Amount Of $23,150.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group D-t), To Be Charged To Account No. 106-1425- 571.59-00, Project No. RITA01 (TDHCA Funds) Proposed Resolution No. 14840 was adopted becoming Resolution No. 08-324. (25) P. R. No. 14847 - A Resolution Approving The FY 2008-09 Contract Between The City Of Port Arthur And The Department Of State Health Services For The CPS- Bioterrorism Preparedness Program In The Amount Of $64,613 Proposed Resolution No. 14847 was adopted bbecoming Resolution No. 08-325. City Council Minutes Regular Meeting -June 29, 2008 5 (26) P. R. No. 14848 - A Resolution To Approve An Agreement Between The City Of Port Arthur And Nurse-Family Partnership, A Colorado Non-Profit Corporation, In An Amount Not To Exceed $32,770 For The First Year, And Creating A Community Advisory Board Proposed Resolution No. 14848 was adopted becoming Resolution No. 08-326. (27) P. R. No. 14849 - A Resolution Approving An Agreement Between The Texas Health And Human Services Commission And The City Of Port Arthur For The Texas Nurse-Family Partnership Program In The Amount Of $535,486 Proposed Resolution No. 14849 was adopted becoming Resolution No. 08-327. (28) P. R. No. 14850 - A Resolution Authorizing First Southwest Company To Provide Professional Services Related To The City Of Port Arthur's Other Post Employment Benefit Liability In An Amount Not T'o Exceed $21,000 Proposed Resolution No. 14850 was adopted becoming Resolution No. 08-328. (29) P. R. No. 14853 - A Resolution Authorizing The 2nd Additional Year Renewal Of The Contract Between The City Of Port Arthur And 7. M. Kaufman Of Port Arthur, Texas For Soils And Hauling Of Materials On A Unit Cost Basis Proposed Resolution No. 14853 was adopted becoming Resolution No. 08-329. (30) P. R. No. 14854 - A Resolution Rescinding A Contract Award To Starco Solutions, LLC, In The Amount Of $5,534.10 For The Demolition Of Four (4) Dangerous Residential Properties (Group A); And Awarding Said Contract To K-T Construction, LLC In The Amount Of $8,350.00, And Authorizing The Execution Of The Contract, To Be Charged To Account No. 105-1431-552.59-00, Project No. C32120 Proposed Resolution No. 14854 was adopted becoming Resolution No. 08-330. (31) P. R. No. 14856 - A Resolution As It Pertains To Canceling A Letter Of Credit As It Pertains To Starship Nederland, L.P. Proposed Resolution No. 14856 was adopted becoming Resolution No. 08-331. (32) P. R. No. 14858 - A Resolution Approving The Payment Ta Premier Election Solutions In The Amount Of $99,759.43 For The May 10, 2008 General Election And The )une 21, 2008 Runoff Election, Account No. 001-1013-513.51-00 Proposed Resolution No. 14858 was adopted becoming Resolution No. 08-332. VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT Consent A. Consideration And Approval Of Awarding A Quote To Exce/ 5creenprinting, Port Arthur, TX In The Amount Of $11,200 (Bioterrorism Public Health Preparedness Discretionary Funding Program) For 2,800 T-Shirts For The Multi- City Council Minutes Regular Meeting -June 29, 2008 6 ]urisdictional Pediatric Medical Special Needs Project (Health Department) The Mayor introduced the above-mentioned Item. The motion was made by Councilmember Albright and seconded by Counci'~Imember Segler that Item A be adopted. Health Department Director Yoshi Alexander appeared before the City Council to address inquiries related to the above-mentioned item. Item A was approved. B. Consideration And Approval Of Awarding A Quote To McKesson Medica/-Surgica/ Minnesota Supp/y, Inc., Go/den Va//ey, MN In The Amount Of $33,127.71 (Bioterrorism Public Health Preparedness Discretionary Funding Program) For The Purchase And Delivery Of Seven (7') Medical Special Needs Supplies Caches For The Multi- ]urisdictional Medical Special Needs Project (Health Department) The Mayor introduced the above-mentioned Item. The motion was made by Councilmember Henderson and seconded by Councilmember Albright that Item B be adopted. Health Department Director Yoshi Alexander appeared before the City Council to address inquiries related to the above-mentioned item. Item B was approved. C. Consideration And Approval Of The Purchase And Delivery Of 55,312 Identification Vests To Care P/an So/utions, Topeka, KA (Sole Source Vendor) In The Amount Of $367,554 (Bioterrorism Public Health Preparedness Discretionary Funding Program) For The Multi- ]urisdictional Medical Special Needs Project (Health Department) The Mayor introduced the above-mentioned Item. The motion was made by Councilmember Henderson and seconded by Councilmember Albright that Item C be adopted. Health Department Director Yoshi AlexandE~r appeared before the City Co~~incil to address inquires related to the above-mentioned item. Item C was approved. D. Consideration And Approval To Reject A Bid Received From U, S. Bronco Services, Inc;, Faire/d, OH For A Meter Replacement Program For The Utility Operations Department And Authorization To Rebid The Mayor introduced the above-mentioned Item. Upon the motion of Councilmember Williamson, seconded by Councilmember Henderson and unanimously carried, Item D was approved. City Council Minutes Regular Meeting -June 29, 2008 7 Resolution -Consent (3) P. R. No. 14805 - A Resolution Approving The Award Of Contracts For The Demolition And Reconstruction Of Six (6) Houses To Thomas Sheppard, Stonewater, Inc., in The Amount Of $440,499.86, Account Number 106-1425-571- 59-00/ RITA02 The motion was made by Mayor Pro Tem Chatman and seconded by Councili~nember Beard to adopt Proposed Resolution No. 14805. The City Attorney discussed additional language to be included in the contracts for demolition. Upon the motion of Councilmember Albright, seconded by Councilmember Wise and unanimously carried, Proposed Resolution 14805 was tabled. Proposed Resolution No. 14805 was tabled. A. Resolutions (1) P. R. No. 14829 - A Resolution Appointing, Reappointing And/Or Removing A Director Or Directors To The City Of Port Arthur Section 4A Economic Development Corporation Board Of Directors (Requested By Councilmembers Henderson, Albright And Wise) The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Albright and seconded by Councilmember Wise that Proposed Resolution No. 14829 be adopted. City Councilmembers nominated the following citizens to the EDC Board of Directors: District 3 Councilmember Albright District 5 Councilmember Beard Position 7 Councilmember Wise Position 8 Councilmember Henderson Roosevelt Petry, ]r. Richard Wycoff Kerry Thomas Keith Daws Proposed Resolution No. 14829 was adopted with the above-mentioned appointments, becoming Resolution No. 08-333. Voting Yes: Mayor Prince; Councilmembers Chatman, Segler, Albright, Flood,, Beard, Williamson and Henderson. Voting No: None. The caption of Resolution No. 08-333 reads as follows: RESOLUTION NO. 08-333 A RESOLUTION APPOINTING, REAPPOINTING AND/OR REMOVING A DIRECTOR OR DIRECTORS TO THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION BOARD OF DIRECTORS City Council Minutes Regular Meeting -June 29, 2008 8 (REQUESTED BY COUNCILMEMBERS HENDERSON, ALBRIGHT AND WISE) (2) P. R. No. 14843 - A Resolution Approving The Termination Of A Lease With The Catholic Diocese Of Beaumont The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Albright, seconded by Mayor Pro Tem Chati~nan and unanimously carried, Proposed Resolution No. 14843 was adopted becoming Rf~solution No. 08-334. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, ~4lbright, Beard, Williamson, Wise and Henderson. Voting No: None. The caption of Resolution No. 08-334 reads as follows: RESOLUTION NO. 08-334 A RESOLUTION APPROVING THE TERMINATION OF A LEASE WITH THE CATHOLIC DIOCESE OF BEAUMONT (3) P. R. No. 14846 - A Resolution As It Pertains To Service Plans For Industrial Districts Areas And For Points Of Delivery Of Electricity By Entergy To Industrial Customers In The City's ET] The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Beard, seconded by Councilmember Williamson and unanimously carried, Proposed Resolution No. 14846 was adopted becoming RE~solution No. 08-335. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, ~4lbright, Beard, Williamson, Wise and Henderson. Voting No: None. The caption of Resolution No. 08-335 reads as follows: RESOLUTION NO. 08-335 A RESOLUTION AS IT PERTAINS TO SERVICE PLANS FOR INDUSTRIAL DISTRICTS AREAS AND FOR POINTS OF DELIVERY OF ELECTRICITY BY ENTERGY TO INDUSTRIAL CUSTOMERS IN THE CITY'S ET] (4) P. R. No. 14851 - A Resolution As It Pertains To The Renovations At The Second Floor Of The Health Department And The Construction Of The Administration/Lab Building For The Wastewater Plant The Mayor introduced the above-mentioned Proposed Resolution. City Attorney Sokolow read into the record amendments as shown in Exhibit ~~A" of the attached minutes of meeting. City Council Minutes Regular Meeting -June 29, 2008 9 Upon the motion by Councilmember Williamson, seconded by Councilmember BE~ard and unanimously carried, Proposed Resolution No. 14851 was adopted becoming Resolution No. 08-336. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, ~4lbright, Beard, Williamson, Wise and Henderson. Voting No: None. The caption of Resolution No. 08-336 reads as follows: RESOLUTION NO. 08-336 A RESOLUTION AS IT PERTAINS TO THE ENOVATIONS AT THE SECOND FLOOR OF THE HEALTH DEPARTMENT AND THE CONSTRUCTION OF THE ADMINISTRATION/LAB BUILDING FOR THE WASTEWATER PLANT (5) P. R. No. 14852 - A Resolution As It Pertains To Stone Creek Apartments Ltd. And Oakmont Properties, Inc. The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Henderson, seconded by Councilmember Williamson and unanimously carried, Proposed Resolution No. 14852 was adopted becoming Resolution No. 08-337. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, ~~Ibright, Beard, Williamson, Wise and Henderson. Voting No: None. The caption of Resolution No. 08-337 reads as follows: RESOLUTION NO. 08-337 A RESOLUTION AS IT CREEK APARTMENTS PROPERTIES, INC. PERTAINS TO STONE LTD. AND OAKMONT (6) P. R. No. 14855 - A Resolution Authorizing ADesign-Build Agreement With The Trevino Group, Inc., Subchapter .S Corporation For The New Fire Station At 4448 9th Avenue The Mayor introduced the above-mentioned Proposed Resolution. City Attorney Sokolow read into the record arnendments as shown in Exhibit ~~B" of the attached minutes of meeting. The motion was made by Councilmember Williamson and seconded by Councilmember Beard that Proposed Resolution No. 14855 as updated by the City Attorney. Proposed Resolution No. 14855 was adopted becoming Resolution No. 08-338. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, ~4lbright, Beard, Williamson, Wise and Henderson. Voting No: None. City Council Minutes Regular Meeting -June 29, 2008 10 The caption of Resolution No. 08-338 reads as follows: RESOLUTION NO. 08-338 A RESOLUTION AUTHORIZING A DESIGN- BUILD AGREEMENT WITH THE TREVINO GROUP, INC., SUBCHAPTER S CORPORATION FOR THE NEW FIRE STATION AT 4448 9TH AVENUE B. Ordinances (1) P. O. No. 5895 - An Ordinance Authorizing Special Warranty Deeds For Property To Beaumont Habitat Far Humanity The City Manager introduced the above-mentioned Proposed Ordinance. Upon the motion of Mayor Pro Tem Chatman, seconded by Councilmember Williamson and unanimously carried, Proposed Ordinance No. 5895 was adopted becoming Ordinance No. 08-75. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, i~lbright, Beard, Williamson, Wise and Henderson. Voting No: None. The caption of Ordinance No. 08-75 reads as follows: ORDINANCE NO. 08-75 AN ORDINANCE AUTHORIZING SPECIAL WARRANTY DEEDS FOR PROPERTY TO BEAUMONT HABITAT FOR HUMANITY (2) P. O. No. 5902 - An Ordinance Dedicating Three (3) Twenty Feet (20') Wide Parcels Of Land Off The North Side Of Blocks One (1), Two (2), And Three (3) Of W. H. Schmyser Addition Number Three For Public Use As Street Right-Of- Way, Said Twenty Feet (20') Wide Parcels Of And Being Contiguous To The Existing South Right-Of-Way Line Of Rev. Dr. Ransom Howard Street In Port Arthur, Texas The City Manager introduced the above-mentioned Proposed. Upon the motion of Councilmember Williamson, seconded by Councilmember Albright and unanimously carried, Proposed Ordinance No. 5902 was adopted b~°coming Ordinance No. 08-76. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Beard, Williamson, Wise and Henderson. Voting No: None. The caption of Ordinance No. 08-76 reads as follows: RESOLUTION NO. 08-76 AN ORDINANCE DEDICATING THREE (3) TWENTY FEET (20') WIDE PARCELS OF LAND OFF THE NORTH SIDE OF BLOCKS ONE (1), City Council Minutes Regular Meeting -June 29, 2008 it TWO (2), AND THREE (3) OF W. H. SCHMYSER ADDITION NUMBER THREE FOR PUBLIC USE AS STREET RIGHT-OF-WAY, SAID TWENTY FEET (20') WIDE PARCELS OF AND BEING CONTIGUOUS TO THE EXISTING SOUTH RIGHT-OF-WAY LINE OF REV. DR. RANSOM HOWARD STREET IN PORT ARTHUR, TEXAS (3) P. O. No. 5909 - An Ordinance Amending Ordinance No. 08- 71 As To The Sale Of Surplus City Fleet Vehicles And Heavy Equipment For The City Of Port Arthur At A Public Online Auction The City Manager introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Albright, seconded by Councilmember Williamson and unanimously carried, Proposed Ordinance No. 5909 was adopted becoming Ordinance No. 08-77. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, i~lbright, Beard, Williamson, Wise and Henderson. Voting No: None. The caption of Ordinance No. 08-77 reads as follows: ORDINANCE NO. 08-77 AN ORDINANCE AMENDING ORDINANCE NO. 08-71 AS TO THE SALE OF SURPLUS CITY FLEET VEHICLES AND HEAVY EQUIPMENT FOR THE CITY OF PORT ARTHUR AT A PUBLIC ONLINE AUCTION (4) P. O. No. 5911 - An Ordinance Authorizing The Execution Of A New Developer Participation Contract With LAR Properties, L. C. (Requested By The City Manager) The City Manager introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Williamson, seconded by Mayor Pro Tem Chatman and unanimously carried, Proposed Ordinance No. 5911 was adopted becoming Ordinance No. 08-78. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, ~~Ibright, Beard, Williamson, Wise and Henderson. Voting No: None. The caption of Ordinance No. 08-78 reads as follows: ORDINANCE NO. 08-78 AN ORDINANCE AUTHORIZING THE EXECUTION OF A NEW DEVELOPER PARTICIPATION CONTRACT WITH LAR PROPERTIES, L. C. (REQUESTED BY THE CITY MANAGER) (5) P. O. No. 5912 - An Ordinance As It Pertains To Transferring Land To The City Of Port Arthur Section 4A City Council Minutes Regular Meeting -June 29, 2008 12 Economic Development Corporation With An Incentive Agreement For The Expansion Of 7BS Packing The City Manager introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Williamson, seconded by Councilmember Albright and unanimously carried, Proposed Ordinance No. 5912 was removed from the agenda. Proposed Ordinance No. 5912 was removed. (6) P. O. No. 5913 - An Ordinance As It Pertains To The Legal Description On The Approximately 18 Acres Of Land In The Vicinity Of Lake Arthur Drive The City Manager introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Williamson, seconded by Mayor Pro Tem (:hatman and unanimously carried, Proposed Ordinance No. 5913 was adopted becoming Ordinance No. 08-79. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, i~lbright, Beard, Williamson, Wise and Henderson. Voting No: None. The caption of Ordinance No. 08-79 reads as follows: ORDINANCE NO. 08-79 AN ORDINANCE AS IT PERTAINS TO THE LEGAL DESCRIPTION ON THE APPROXIMATELY 18 ACRES OF LAND IN THE VICINITY OF LAKE ARTHUR DRIVE C. * Reports And Recommendations Report on City Budget City Manager Steve Fitzgibbons and Finance Director Rebecca Underhill presented the above-mentioned report. The City Council recessed their meeting at 7:15 p.m. and reconvened their meeting at 7:25 p.m. with the following members present: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Beard, Williamson, Wise, and Henderson; City Manager Fitzgibbons, Acting Assistant City Secretary Bellard, City Attorney Sokolow and Sergeant At Arms Police Chief Blanton. IV. PUBLIC HEARINGS - 7:00 PM To Consider Proposed Assessments For The Cost Of Extending The Sewer Line Along 9t" Avenue From 67t" Street To 60t" Street, Which The City Council Deems To Be Necessary And In Public Interest Mayor Prince opened the above-mentioned Public Hearing at 7:25 p.m. Utility Operations Director Kelly Eldridge appeared before the City Council to give an overview of the proposed sewer line extension. City Council Minutes Regular Meeting -June 29, 2008 13 The Mayor requested to hear from anyone present in the audience who wished to speak regarding the above-mentioned sewer line extension. The following citizens appeared before the City Council in favor of the proposed sewer line extension: Mr. lack Leggett United Board of Missions Port Arthur, Texas 6650 Ninth Avenue Mr. Billy Doornbos 1148 Helena Nederland, Tex~~s Upon the motion of Mayor Pro Tem Chatman, seconded by Councilmember Williamson and carried unanimously, the City Council closed the Public Hearing at 7:50 p.m. VIII. REPORTS OF BOARDS & COMMITTEES -None IX. FUTURE AGENDA ITEMS OR REQUESTED REPORTS Mayor Prince: Requested receiving information concerning issues related to Kansas City Railroad. Councilmember Beard: (1) Report on city housing guidelines as it pertains to ~~green" certification. (2) Report on underground infrastructure guidelines for new development projects. (3) Report on additional manpower to assist in the proposed water anti sewer extension projects on 60th Street. Councilmember Albright: Requested an Executive Session item regarding industrial tax abatement agreements. Councilmember Henderson: Requested consideration in adding a city council agenda item for apen discussion. Councilmember Williamson: (1) Requested a report regarding the repairs of the Civic Center sign. (2) Requested a report on the water saturation problem at the Super Car Wash on 4101 Gulfway Drive. (3) Requested a report on commercial and residential trash container replacement policies. (4) Requested a report on trash located on the corner of 15th Street and 8th Avenue. (5) Requested a report on lighting outages at various city parks. XI. ADJOURNMENT OF MEETING Upon the motion by Councilmember Williamson, seconded by Mayor Pro Tem C;hatman and carried unanimously, the City Council adjourned their meeting at 8:05 p.m. City Council Minutes Regular Meeting -June 29, 2008 14 An audio-tape of this meeting is on file in the office of the City Secretary and is made a part of the official minutes of this meeting. MAYOR DELORIS "BOBBIE" PRINCE ATTEST: ACTING ASSISTANT CITY SECRETARY SHERRI BELLARD END OF REGULAR MEETING HELD ]ULY 29, 2008. APPROVED: City Council Minutes Regular Meeting -June 29, 2008 15 EXHIBIT "A" TO P. R. NO. 14851 i=XHIBfT "A" Minutes of Meedn<a - )ul~ 29, 2008 RCS 08'.-336 (PR 14851) 1. The LaBiche bill for $10,733.75 that was paid on or about November 6, 2007 for two new air handler: at the Health Department is approved. Mr. LaBiche will be paid for' the outstanding invoices of March 12, 2008 for $2,703.75, April 18, 2008 for $937.50, June 14, 2008 for $337.45, and July 8, 2008 for $627.08 for additional services and will be continued to be paid for additional services on an hourly basis until a new general contractor is selected. After a new general contractor is selected, Mr. LaBiche will then be paid on his outstanding phased contract amount for construction administration if the project is completed by the new general contractor within ninety (90) days of his retention. Otherwise, he will be paid on an hourly basis. 2. Southeast Service Company will make the repairs to the HVAC as quoted in the July 24, 2008 proposal for $990 and in the May 15, 2008 proposal for $4,500, as per the November 21, 2006 contract with the City. 3. If SureTec immediately signs the tender and reservation of rights agreement, dated July 29, 2008, in a form to be approved by the City Attorney, then the City will use SeTex Construction Corp, per said tender agreement. 4. If SureTec does not immediately sign the tender agreement, then the City will do the following: a) The City retains Texas Fire at $14,200 as to complete the fire alarm system and does not object and would request Suretec to pay the perfected claim of $13, 800 with the work to be completed by August 15, 2008. b) The City will immediately go out f'or bids a;~ to complete the renovation of the second floor of the Health Department. 5. The City Attorney shall file suit against Pick Two for the damages that the City has incurred. 6. The City will continue to negotiate with SureTec ass to resolve their disputes. z.pr14851_exhibit_updated ,_ r EXHIBIT "B" Minutes of Meeting -July 29, 2008 RES 08-338 (PR 14855) `~r~~ ® rat . =- Document A141 - 2004 Exhibit B Determination of the Cost of the Work for the following PROJECT: (Name and location or address) Port Arthur Fire Station 4448 9th Avenue Port Arthur, Texas 77642 THE OWNER: (Nanfe and address) Ciry of Port Arthur P.O. Box 1089 Port Arthur, Texas 77641-1089 TNEDESlGN-BUILDER: (Nanfe and address) The Trevino Group, Inc., Subchapter S Corporation 1616 W. 22nd Street Houston, TX 77008 ADDITIONS AND DELETIONS: The author of this; document has added information needed for its completion. The i~uthor may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original ,41A text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Consultation with an attorney is also encouraged with respect to professional licensing requirements in the jurisdiction where the Project is located. Init. AIA Document A141 T~" - 2004 Exhibit B. Copyright ®2004 by The American Institute of Architects..All rights reserved. WARNING: Thl~~ AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible vender the law. This document was produced by / AIA software at 09:15:10 on 07/07/2008 under Order No.1000358297 1 which expires on 5/30/2009, and is not for resale. User Notes: - (3592873763) ARTICLE 6.1 CONTROL ESTIMATE § 6.1.1 Where the Contract Sum is the Cost of the Work, plus the Design-Builder's Fee without a Guaranteed Maximum Price pursuant to Section 4.3 of the Agreement, the Design-Builder shall prepare and submit to the Owner prior to the Design-Builder's first Application for Payment, in writing, a Control Estimate. The Control Estimate shall include the estimated Cost of the Work plus the Design-Builder's Fee. The Control Estimate shall be used to monitor actual costs. § B.1.2 The Control Estimate shall include: .1 the documents enumerated in Article 8 of the Agreement, including all Addenda thereto and the Terms and Conditions of the Contract; .2 a statement of the estimated Cost of the Work showing separately the connpensation for design services, construction costs organized by trade categories or systems and the Design-Builder's Fee; and .3 contingencies for further development of design and construction. § B.1,3 The Design-Builder shall meet with the Owner to review the Control Estimate. Irt the event that the Owner discovers any inconsistencies or inaccuracies in the information presented, it shaII promptly notify the Desi€;n- Builder, who shall make appropriate adjustments to the Control Estimate. When the Conitrol Estimate is acceptable to the Owner, the Owner shall acknowledge its acceptance in writing. The Owner's acceptance of the Control Estimate does not imply that the Control Estimate constitutes a Guaranteed Maximum Price. § B.1.4 The Design-Builder shall develop and implement a detailed system of cast control that will provide the Owner with timely information as to the anticipated total Cast of the Work. The cost control system shall compare the Control Estimate with the actual cost for activities in progress and estimates for uncompleted tasks and proposed changes. This information shall be reported to the Owner; in writing, no later than the Design-Builder's first Application for Payment and shall be revised monthly or at outer intervals as mutually agreed. ARTICLE B.2 COSTS TO BE REIMBURSED § B.2.1 COST OF THE WORK The term Cost of the Work shall mean costs necessarily incurred by the Design-Builder in the proper performance of the Work. Such costs shall be at rates not higher than the standard paid at the place of the Project except with prior consent of the Owner. The Cost of the Work shall include only the items set forth in this Article B.2. § B.2.2 LABOR COSTS § B.2.2.1 Wages of construction workers directly employed by the Design-Builder to perform the construction of the Work at the site or, with the Owner's approval, at off-site lacations. § B.2.2.2 Wages or salaries of the Design-Builder's supervisory and administrative personnel when stationecl at the site with the Owner's approval. § 6.2.2.3 Wages and salaries of the Design-Builder's supervisory or administrative personnel engaged at factories, workshops or on the road, in expediting the production or transportation of materials or equipment required for the Work, but only for that portion of their time required for the Work. § 6.2.2.4 Costs paid or incurred by the Design-Builder for taxes, insurance, contributions, assessments and benefits required bylaw or collective bargaining agreements and, for personnel not covered by such agreements, cu~~tomary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided such co;~ts are based on wages and salaries included in the Cost of the Work under Sections B.2.2.1 tlu•ough B.2.2.3. § 6.2.3 CONTRACT COSTS § B.2.3.1 Payments made by the Design-Builder to Contractors in accordance with the requirements of their contracts. § B.2.4 COSTS OF MATERIALS AND EQUIPMENT INCORPORATED IN THE COMPLETED CONSTRUCTION § 8.2.4.1 Costs, including transportation and storage, of materials and equipment incorporated or to be incorporated in the completed construction. Init. AIA Document A141 TM - 2004 Exhibit B. Copyright ®2004 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or:iny portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible cinder the law. This document was produced by / AIA software at 09:15:10 on 07/07/2008 under Order No.1000358297_i which expires on 5/30/2009, and is not for resale. User Notes: (3592873763) § B.2.4.2 Costs of materials described in the preceding Section B.2.4.1 in excess of those actually installed to allow for reasonable waste and spoilage. Unused excess materials, if any, shall become the Owner's property at the completion of the Work or, at.the Owner's option, shall be sold by the Design-Builder. A.ny amounts realized from such sales shall be credited to the Owner as a deduction from the Cost of the Work. § B.2.5 COSTS OF OTHER MATERIALS AND EQUIPMENT, TEMPORARY FACILITIES AND RELATED ITEMS § 6.2.5.1 Costs, including transportation and storage, installation, maintenance, dismantling and removal of materials, supplies, temporary facilities, machinery, equipment, and hand tools not customarily owned by construction workers, that are provided by the Design-Builder at the site and fully consumed in the performance of the Work; and cost (less salvage value) of such items if not fully consumed, whether soldl to others or retained by the Design-Builder. The basis for the cost of items previously used by the Design-Builder shall mean the fair market value. § 6.2.5.2 Rental chazges for temporary facilities, machinery, equipment, and hand tools not customarily owned by construction workers that aze provided by the Design-Builder at the site, whether rented i'rom the Design-Builder or others, and costs of transportation, installation, minor repairs and replacements, dismantling and removal thereof. Rates and quantities of equipment rented shall be subject to the Owner's prior approval. § B.2.5.3 Costs of removal of debris from the site § B.2.5.4 Cost of document reproductions, facsimile transmissions and long-distance telephone calls, postage and parcel delivery charges, telephone service at the site and reasonable petty cash expenses of the site office. § 8.2.5.5 That portion of the reasonable expenses of the Design-Builder's personnel incurred while traveling in discharge of duties connected with the Work. § 8.2.5.6 Costs of materials and equipment suitably stored off the site at a mutually acceptable location, if approved in advance by the Owner. § 6.2.6 DESIGN AND OTHER CONSULTING SERVICES § B.2.6.1 Compensation, including fees and reimbursable expenses, paid by the Design-Builder for design anti other consulting services required by the Design-Build Documents . § 6.2.7 MISCELLANEOUS COSTS § 8.2.7.1 That portion of insurance and bond premiums that can be directly attributed to dhis Design-Build Contract. § 6.2.7.2 Sales, use or similaz taxes imposed by a governmental authority that are related to the Work. § 8.2.7.3 Fees and assessments for the building permit and for other permits, licenses and inspections for which the Design-Builder is required by the Design-Build Documents to pay. § B.2.7.4 Fees of laboratories for tests required by the Design-Build Documents, except those related to defective or non-conforming Work for which reimbursement is excluded by Section A.13.5.3 of Exhibit A, Terms and Conditions, or other provisions of the Design-Build Documents, and which do not fall within the scope of Section A.13.5.3. § 8.2.7.5 Royalties and license fees paid for the use of a particular design, process or prociuct required by the Design- Build Documents; the cost of defending suits or claims for infringement of patent rights ;arising from such requirement of the Design-Build Documents; and payments made in accordance with legal judgments against the Design-Builder resulting from such suits or claims and payments of settlements made with the Owner's consent. However, such costs of legal defenses, judgments .and settlements. shall not be included.n the. calculation of the Design-Builder's Fee or subject to the Guazanteed Maximum Price. If such royalties, fees and costs aze excltded by the last sentence of Section A.3.16.1 of Exhibit A, Terms and Conditions, or other provisions of the Design-Build Documents, then they shall not be included in the Cost of the Work. § 6.2.7.6 Data processing costs related to the Work. Init. AIA Document A141TM - 2004 Exhibit B. Copyright ®2004 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 3 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This dodum~ant was produced by / AIA software at 09:15:10 on 07/07/2008 under Order No.1000358297_1 which expires on 5/30/2009, and is not for resale. User Notes: (3592873763) § 6.2.7.7 Deposits lost for causes other than the Design-Builder's negligence or failure to fulfill a specific responsibility to the Owner as set forth in the Design-Build Documents. § 6.2.7.8 Legal, mediation and arbitration costs, including attorneys' fees, other than those arising from disputes between the Owner and Design-Builder, reasonably incurred by the Design-Builder in the performance of the; Work and with the Owner's prior written approval, which approval shall not be unreasonably withheld. § B.2.7.9 Expenses incurred in accordance with the Design-Builder's standard personnel policy for relocation and temporary living allowances of personnel required for the Work, if approved by the Owner. § 6.2.8 OTHER COSTS AND EMERGENCIES § B.2.8.1 Other costs incurred in the performance of the Work if and to the extent approve;d in advance in writing by the Owner. § 8.2.8.2 Costs due to emergencies incurred in taking action to prevent threatened damagt;, injury or loss in case of an emergency affecting the safety of persons and property, as provided in Section A.10.6 of Exhibit A, Terms and Conditions. § B.2.8.3 Cost of repairing or correcting damaged or non-conforming Work executed by the Design-Builder, Contractors, Subcontractors or suppliers, provided that such damaged or non-conforming; Work was not caused by negligence or failure to fulfill a specific responsibility of the Design-Builder and only to the extent that the cost of repair or correction is not recoverable by the Design-Builder from insurance, sureties, Contractors, Subcontractors or suppliers. ARTICLE B.3 COSTS NOT TO BE REIMBURSED § B.3.1 The Cost of the Work shall not include: § 6.3.1.1 Salaries and other compensation of the Design-Builder's personnel stationed at 'the Design-Builder' s principal office or offices other than the site office, except as specifically provided in Sections B.2.2.2 and B.2.2.3. § B.3.1.2 Expenses of the Design-Builder's principal office and offices other than the; site office. § B.3.1.3 Overhead and general expenses, except as maybe expressly included in Article B.2 of this Exhibit. § B.3.1.4 The Design-Builder's capital expenses, including interest on the Design-Builder's capital employed for the Work. § B.3.1.5 Rental costs of machinery and equipment, except as specifically provided in Section B.2.5.2. § 6.3.1.6 Except as provided in Section B.2.8.3 of this Agreement, costs due to the negligence or failure of the Design-Builder to fulfill a specific responsibility of the Design-Builder, Contractors, Subcontractors and suppliers or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. § B.3.1.7 Any cost not specifically and expressly described in Article B.2, Costs to be Reimbursed. § B.3.1.8 Costs, other than costs included in Change Orders approved by the Owner, that would cause the Guaranteed 1Vlaximum Price, if any, to be exceeded. ARTICLE B.4 DISCOUNTS, REBATES AND REFUNDS § 6.4.1 Cash discounts obtained on payments made by the Design-Builder shall accrue to the Owner if (1) before making the payment, the. Design-Builder included them in an Application for Payment andseceived payment from the Owner, or (2) the Owner has deposited funds with the Design-Builder with which to make payments; otherwise, cash discounts shall accrue to the Design-Builder. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Design-Builder shall make provisions so that they can be secured. AIA Document A141 TM - 2004 Exhibit B. Copyright ®2004 by The American Institute of Architects. All rights reserved. WARNING: Thi:> AIA® Document is Irtlt. protected by U.S. Copyright Law and InteFnational Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by / AIA software at 09:15:10 on 07/07/2008 under Order No.1000358297_1 which expires on 5/30/2009, and is not for resale. User Notes: (3592873763) § 6.4.2 Amounts that accrue to the Owner in accordance with the provisions of Section B.4.1 shall be credited to the Owner as a deduction from the Cost of Work. ARTICLE 6.5 CONTRACTS AND OTHER AGREEMENTS OTHER THAN FOR DESIGN PRDFESSIONALS HIRED EiY THE DESIGN-BUILDER § B.5.1 Those portions of the Work that the Design-Builder does not customarily perform. with the Design-Bt;iilder's own personnel shall be performed by others under contracts or by other appropriate agref:ments with the Des:ign- Builder. The Owner may designate specific persons or entities from whom the Design-Builder shall obtain bids. The Design-Builder shall obtain bids from Contractors and from suppliers of materials or equipment fabricated especially for the Work and shall deliver such bids to the Owner.. The Owner shall then determine which bid'. will be accepted. The Design-Builder shall not be required to contract with anyone to whom the Design-Builder has reasonable objection. § B.5.2 Contracts or other agreements shall conform to the applicable payment provisions of this Design-Build Contract, and shall not be awarded on the basis of cost plus a fee without the Owner's prior consent. ARTICLE B.6 ACCOUNTING RECORDS § 6.6.1 The Design-Builder or any affiliated person or entity which performs a portion of the Work shall keelr fall and detailed accounts and exercise such controls as may be necessary for proper financial management under this Agreement, and the accounting and control systems shall be satisfactory to the Owner. Tl'ne Owner and the Owner's accountants shall be afforded access to, and shall be permitted to audit and copy, the Design-Builder's records, books, correspondence, instructions, receipts, contracts, purchase orders, vouchers, memoranda and other data relating to this Agreement, and the Design-Builder shall preserve these for a period of three years after final payment, or for such longer period as may be required bylaw. § 6.6.2 When the Design-Builder believes that all the Work required by the Agreement hlas been fully performed, the Design-Builder shall deliver to the Owner's accountant a final accounting of the; Cost of the Work. § B.6.3 The Owner's accountants will review and report in writing on the Design-Builder's final accounting within 21 days after delivery of the final accounting. Based upon such Cost of the Work as the Owner's accountants report to be substantiated by the Design-Builder's final accounting, and provided the other conditions of Section A.9.10 of the Agreement have been met, the Owner will, within seven days after receipt of the written report of the Owner's accountants, notify the Design-Builder in writing of the Owner's intention to make final ;payment or to withhold final payment. § B.6.4 If the Owner's accountants report the Cost of the Work as substantiated by the Design-Builder's final accounting to be less than claimed by the Design-Builder, the Design-Builder shall be entitled to initiate resolution of the dispute pursuant to Article 6 of the Agreement and Article A.4 of Exhibit A, Terms and Conditions, fcr the disputed amount. If the Design-Builder fails to so initiate resolution of the. dispute within the period of time required by Section A.4.1.2 of Exhibit A, Terms and Conditions, the substantiated amount reported by the Owner's accountants shall become binding on the Design-Builder. Pending a final resolution pursuant to Article 6 of t:he Agreement and Article A.4 of Exhibit A, Terms and Conditions, the Owner shall pay the Design-Builder the amount, if any, determined by the Owner's accountant to be due the Design-Builder. § 6.6.5 If, subsequent to final payment and at the Owner's request, the Design-Builder incurs costs in connection with the correction of defective or non-conforming work as described in Article B.2, Costs to be Reimbursed, and not excluded by Article B.3, Costs Not to be Reimbursed, the Owner shall reimburse the Design-Builder such costs and the Design-Builder's Fee applicable thereto on the same basis as if such costs had been incurred prior to final payment, but not in excess of the Guazanteed Maximum Price, if any. If the Design-Builder has participated in savings as provided in Section 4.4.3.1 of the Agreement, the amount of such savings shall be recalculated and appropriate credit given to the Owner in determining the net amount to be paid by the Owner to the Design-I3uilder. Init. AIA Document A141 TM - 2004 Exhibit B. Copyright m 2004 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 5 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by / AIA software at 09:15:10 on 07/07/2008 under Order No.1000358297_i which expires on 5/30/2009, and is not for resale. User Notes: (3592873763)