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1997 03 13 CC MinutesMIA MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN March 13, 1997 The City Council of the City of Baytown, Texas, met in regular session on March 13, 1997, at 6:30 p.m., in the John Tucker Lecture Hall, Lee College, with the following in attendance: Eva Benavides Council Member David Byford Council Member Manuel Escontrias Council Member Stephen DonCarlos Council Member Rolland J. Pruett Council Member Pete C. Alfaro Mayor Bobby Rountree City Manager Ignacio Ramirez City Attorney Eileen P. Hall City Clerk Absent: E. Frank Hinds, Jr. Council Member The meeting was opened with a quorum present, and Council Member Pruett offered the invocation, after which the following business was conducted: Consider Approval of the Minutes for the Regular Session Held on February 27, 1997 Council Member Benavides moved to approve the minutes for the regular session held on February 27, 1997. Council Member DonCarlos seconded the motion. The vote follows: Ayes: Council Members Benavides, Byford, Escontrias, DonCarlos, and Pruett Mayor Alfaro Nays: None 970313 -2 Minutes of the Regular Session - March 13, 1997 Consider Proposed Ordinance No. 970313 -1, Setting the Time, Date, and Place for a Public Hearing on the Need to Continue the Curfew Ordinance. The City Council passed a curfew ordinance for minors in 1994 which by state law must be reviewed every three years. City Council is required to conduct a public hearing on the need to continue the curfew and to review the ordinance's effect on the community and on the problems the ordinance was intended to remedy. Council Member Escontrias moved to adopt the ordinance. Council Member Benavides seconded the motion. The vote follows: Ayes: Council Members Benavides, Byford, Escontrias, DonCarlos, and Pruett Mayor Alfaro Nays: None ORDINANCE NO. 7918 AN ORDINANCE SETTING A DATE, TIME, AND PLACE FOR THE PUBLIC HEARING ON THE EFFECTIVENESS OF SECTION 17 -24 CODE OF ORDINANCES "CURFEW HOURS FOR MINORS;" AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SUCH PUBLIC HEARING; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 970313 -2, Setting the Time, Date and Place for a Public Hearing on Regulated Cable Rates and Equipment Submitted by TCI Cablevision of Texas, Inc. on FCC Forms 1240, "Updating Maximum Permitted Rates for Regulated Cable Services," 1215 "A La Carte Channel Offerings," and 1205 "Determining Regulated Equipment and Installation Costs" Pursuant to the cable rate regulations adopted, the City Council must hold at least one public hearing at which interested persons may express their views and record objections concerning the adjustment of regulated cable rates and related equipment and services. The review period for the annual rate adjustments submitted is ninety days from the date the cable operator filed its request with the City. Prior to the expiration of the review period, the City Council may decide whether to approve the rate increase. However, if within the ninety -day review period, the City Council is unable to make a final determination concerning the requested rate adjustment, TCI may put the adjusted rates into effect subject to subsequent refund if the City Council later issues a decision disapproving any portion of the increase. 970313 -3 Minutes of the Regular Session - March 13, 1997 Council Member Pruett moved to adopt the ordinance. Council Member Escontrias seconded the motion. The vote follows: Ayes: Council Members Benavides, Byford, Escontrias, DonCarlos, and Pruett Mayor Alfaro Nays: None ORDINANCE NO. 7919 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN SETTING A DATE, TIME, AND PLACE FOR A PUBLIC HEARING ON FCC FORMS 1240 "UPDATING MAXIMUM PERMITTED RATES FOR REGULATED CABLE SERVICES," 1215 "A LA CARTE CHANNEL OFFERINGS," AND 1205 "DETERMINING REGULATED EQUIPMENT AND INSTALLATION COSTS" SUBMITTED BY TCI CABLEVISION OF TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 970313 -3, Revising Chapter 29 "Taxicabs" of the Code of Ordinances by Revising the Standards with which Taxicab Companies must Comply The amendment (i) deletes the prohibition against cruising; (ii) does not require the time of trip origination to be recorded in a taxi company's manifest; (iii) reduces the application fee charged should a taxicab company desire to obtain permits for more than ten vehicles; (iv) allows wait time to be charged for extreme traffic conditions; (v) reduces the number of vehicle inspections required from two to one; (vi) requires insurance to remain in effect throughout the permit term rather than specifying that the policy must run for the term of the permit; (vii) allows taxicab companies to post the name of the company on a taxicab's light on the roof so long as the name can be seen from the rear; (viii) increases the number of hours a taxicab driver may operate a taxicab within a twenty -four hour period from ten to twelve; (ix) expands the meaning of being "properly dispatched" so as to include requests for services not originated through the company's dispatch system so long as the taxicab company is notified prior to performing transportation services; (x) deletes the requirement that terminals must be maintained within the City but provides that a toll free number must be maintained for the citizens; (xi) requires fares to be posted; (xii) alters the fares which may be charged by the taxicab companies; and (xiii) authorizes a one -time trip fee for transportation services requested between the hours of 8:00 p.m. and 970313 -4 Minutes of the Regular Session - March 13, 1997 6:00 a.m. These proposed changes should align the City's ordinance with those of surrounding cities so as to allow more taxicab companies to provide transportation services to the citizens of the City of Baytown and to increase the efficiency and effectiveness of the same. AND Consider Approval of the Proposed Senior /Disabled Citizens Taxi Program Agreement The Community Development Advisory Committee and the City Council voted to include funding for this program in the 96 -97 CDBG Action Plan and Budget. This is the twenty -third year that the City Council has allocated CDBG funds for this program. The program provides income - eligible seniors and disabled citizens with eight free -fare or half -fare rides each month. Approximately 650 citizens utilize this program each month. The proposed contract requires each cab company to respond to a request for service within 25 minutes at least 85% of the time. Also, there will be no smoking allowed in cabs operated under this program while they are occupied by participants of this program. Program participants would have the option of choosing which of the contracted cab companies they wish to utilize. Funds will come from CDBG. Council Member Byford moved to adopt the ordinance and approve the agreement. 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The planning work should be complete before October 1. The cost is $24,750 from 1991 bonds. Council Member Escontrias moved to adopt the ordinance. Council Member Pruett seconded the motion. The vote follows: Ayes: Council Members Benavides, Byford, Escontrias, DonCarlos, and Pruett Mayor Alfaro Nays: None ORDINANCE NO. 7921 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH THE SWA GROUP FOR THE DEVELOPMENT OF A MASTER PLAN FOR THE BAYTOWN NATURE CENTER; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWENTY -FOUR THOUSAND SEVEN HUNDRED FIFTY AND NO1100 DOLLARS ($24,750.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 970313 -5, Approving Change Order No. 20 to the Municipal Service Center Construction Contract and Authorizing Final Payment to Durotech, Inc. This ordinance approves a change order for $16,539 for additional work required for pier casing, revision of pier depth, and general conditions for a delay period, and it authorizes final payment to Durotech, Inc., in the amount of $5,000. Council Member Pruett moved to adopt the ordinance. Council Member DonCarlos seconded the motion. The vote follows: Ayes: Council Members Benavides, Byford, Escontrias, DonCarlos, and Pruett Mayor Alfaro Nays: None 970313 -7 Minutes of the Regular Session - March 13, 1997 ORDINANCE NO. 7922 AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 20 WITH DUROTECH, INC., FOR PIER CASING, REVISION OF THE PIER DEPTH, AND AN ADDITIONAL PERIOD OF TIME TO COMPLETE THE PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SIXTEEN THOUSAND FIVE HUNDRED THIRTY -NINE AND NO /100 DOLLARS ($16,539.00); AUTHORIZING FINAL PAYMENT OF THE SUM OF FIVE THOUSAND AND N0 1100 DOLLARS ($5,000.00) TO DUROTECH, INC., FOR CONSTRUCTION OF THE MUNICIPAL SERVICE CENTER; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 970313 -6, Authorizing Expenditure of Local Law Enforcement Block Grant Funds The ordinance authorizes the expenditure of LLEBG funds in the amount of $88,527 and matching funds in the amount of $9,836. The conditions of the grant require creating an advisory board and holding a public hearing on the expenditure of funds. The Advisory Board is charged with reviewing the application and making non - binding recommendations. Two citizens representing the Lakewood area and the Craig mont/Decke r Terrace /Ponderosa areas spoke at the required public hearing on February 17, 1997. The citizens and the Board emphasized traffic enforcement. Council Member Escontrias moved to adopt the ordinance. Council Member Byford seconded the motion. In response to inquiry from Council, the City Manager said that the City would form a reserve group of volunteers that would be supervised by the Police Department. The vote follows: Ayes: Council Members Benavides, Byford, Escontrias, DonCarlos, and Pruett Mayor Alfaro Nays: None 970313 -8 Minutes of the Regular Session - March 13, 1997 ORDINANCE NO. 7923 AN ORDINANCE AUTHORIZING EXPENDITURE OF GRANT FUNDS AND CASH MATCH IN THE TOTAL AMOUNT OF NINETY -EIGHT THOUSAND THREE HUNDRED SIXTY -THREE AND NO1100 DOLLARS ($98,363.00) FROM THE U. S. DEPARTMENT OF JUSTICE AS RECOMMENDED BY THE ADVISORY BOARD; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 970313 -7, Repealing Chapter 2 "Administration," Article II "Boards and Commissions," Division 10 "Baytown Area Youth Commission" of the Code of Ordinances The merger of the Baytown Area Youth Commission and Communities in Schools (CIS) will strengthen the ability to generate funding and will avoid duplicated services. The most important benefit would be the united effort to achieve the mission of both organizations to work in a collaborative way to ensure that students stay in school and become responsible and productive members of the community. Eight members of the Baytown Area Youth Commission also serve on the Board of Directors of CIS. The Long -Range Planning Commission recommended this merger. Council Member Benavides moved to adopt the ordinance. Council Member Pruett seconded the motion. In response to inquiry from Council, the City Manager said that the City would still be involved and would receive reports from the Board. The Mayor asked for a quarterly status report. The vote follows: Ayes: Council Members Benavides, Byford, Escontrias, DonCarlos, and Pruett Mayor Alfaro Nays: None ORDINANCE NO. 7924 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING CHAPTER 2 "ADMINISTRATION," ARTICLE II "BOARDS AND COMMISSIONS," DIVISION 10 "BAYTOWN AREA YOUTH COMMISSION" OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, IN ITS ENTIRETY; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 970313 -9 Minutes of the Regular Session - March 13, 1997 Consider Approval of Plans and Specifications for Lynchburg -Cedar Bayou 18 -Inch Sanitary Sewer Repair Project and Authorize Advertisement for Bids In January an 18 -inch sanitary sewer line under the Lynchburg -Cedar Bayou bridge failed. This repair project reroutes the gravity sewer line from the manhole east of the bridge to the lift station. Approximately 450 linear feet of new 18 -inch PVC sewer line will be installed in the street and school (park) right - of -way on the south side of Lynchburg -Cedar Bayou Road and extend under the Harris County Flood Control ditch to the existing 18 -inch sewer line at the lift station. This rerouting abandons the existing sewer line under the bridge and locates the sewer line in a more desirable area for maintenance. Estimated construction time is 45 days. The estimated cost of $70,000 will come from Texas Water Development Board Emergency Funds. Council Member Byford moved to approve the plans and specifications and authorize advertisement for bids. Council Member Escontrias seconded the motion. The vote follows: Ayes: Council Members Benavides, Byford, Escontrias, DonCarlos, and Pruett Mayor Alfaro Nays: None Consider Approval of Plans and Specifications for the Garth Road 21 -Inch Sanitary Sewer Rerouting Project and Authorize Advertisement for Bids Council will consider this item at a future meeting. Consider Approval of Plans and Specifications for Central Heights Waterline Relocation and Central Heights Service Line Relocation and Authorize Advertisement for Bids The relocation includes 1,600 feet of cast iron waterlines from the backyard easements to the front street rights -of -way. New 6 -inch PVC waterlines and fire hydrants will be installed on Texoma and Superior Streets. A licensed plumber will relocate the service lines from the backyards to the new 6- inch line in front of the homes. This project is part of an ongoing program to replace deteriorated and undersized waterlines throughout the city and will be funded by a Community Development Block Grant. The estimated cost is $76,000. 970313 -10 Minutes of the Regular Session - March 13, 1997 Council Member Pruett moved to approve the plans and specifications and to authorize advertisement for bids. Council Member Benavides seconded the motion. The vote follows: Ayes: Council Members Benavides, Byford, Escontrias, DonCarlos, and Pruett Mayor Alfaro Nays: None Consider Approval of Plans and Specifications to Repair 220 -Feet of 10 -Inch Concrete Sewer Pipe Located at Intersection of Kilgore Road and James Street and Authorize Advertisement for Bids The City will utilize the annual Sanitary Sewer Rehabilitation Cured -in- Place and Fold and Form Pipe Contract for this repair. Therefore, no action by Council is required. Consent Agenda: Council considered the consent agenda items "a" through "d." a. Proposed Ordinance No. 970313 -8, authorizes an interlocal agreement for a Cooperative Auction. The City of Baytown, City of Seabrook, Goose Creek School District, Barber's Hill School District, and Lee College have scheduled a cooperative auction on April 12, 1997. The City of Baytown is the host for the auction and we will be advertising for all entities and will be making payments to each entity for its share of proceeds after completion of the auction. We recommend approval. b. Proposed Ordinance No. 970313 -9, authorizes the purchase of radio equipment for the Fire Department from H -GAC in the amount of $15,403.93. The radio equipment is new and replacement equipment for the Fire Department. We recommend approval. 970313 -11 Minutes of the Regular Session - March 13, 1997 C. Proposed Ordinance No. 970313 -10, awards the bid for the removal and replacement of the Police Garage roof repair to Hodco, Inc., in the amount of $11,636.86. Invitations to Bid were mailed to six suppliers and we received four bids. We recommend approval. d. Proposed Ordinance No. 970313 -11, awards the bid for a Patch Truck to H.D. Industries, Inc., in the amount of $76,387.29. Invitations to Bid were mailed to six suppliers and we received one bid. We recommend approval. Council Member Benavides moved to adopt the consent agenda items "a" through "d." Council Member Pruett seconded the motion. The vote follows: Ayes: Council Members Benavides, Byford, Escontrias, DonCarlos, and Pruett Mayor Alfaro Nays: None ORDINANCE NO. 7926 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL AGREEMENT WITH THE CITY OF SEABROOK, GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT, LEE COLLEGE DISTRICT AND BARBERS HILL INDEPENDENT SCHOOL DISTRICT FOR A COOPERATIVE AUCTION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 970313 -12 Minutes of the Regular Session - March 13, 1997 ORDINANCE NO. 7926 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FIFTEEN THOUSAND FOUR HUNDRED THREE AND 931100 DOLLARS ($15,403.93) TO HOUSTON - GALVESTON AREA COUNCIL FOR THE PURCHASE OF RADIO EQUIPMENT FOR THE CITY OF BAYTOWN FIRE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 7927 AN ORDINANCE ACCEPTING THE BID OF HODCO, INC., FOR THE REMOVAL AND REPLACEMENT OF THE GARAGE ROOF AT THE BAYTOWN POLICE DEPARTMENT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ELEVEN THOUSAND SIX HUNDRED THIRTY -SIX AND 861100 DOLLARS ($11,636.86); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 7928 AN ORDINANCE ACCEPTING THE BID OF H. D. INDUSTRIES, INC., FOR THE PURCHASE OF A PATCH TRUCK AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SEVENTY -SIX THOUSAND THREE HUNDRED EIGHTY -SEVEN AND 291100 DOLLARS ($76,387.29); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. For bid tabulation, see Attachments "A" and "B." 970313 -13 Minutes of the Regular Session - March 13, 1997 Consider Appointment to Baytown Area Community Long -Range Planning Commission Council Member Escontrias moved to appoint Ray White to the Baytown Area Community Long -Range Planning Commission. Council Member Benavides seconded the motion. The vote follows: Ayes: Council Members Benavides, Byford, Escontrias, DonCarlos, and Pruett Mayor Alfaro Nays: None Consider Appointment to Community Development Advisory Committee Council will make this appointment at a future meeting. Consider Appointments to Urban Rehabilitation Standards Review Board Council Member Pruett moved to appoint William Gidley, W. A. McElhannon, and William J. Reineke to the Urban Rehabilitation Standards Review Board. Council Member Benavides seconded the motion.. The vote follows: Ayes: Council Members Benavides, Byford, Escontrias, DonCarlos, and Pruett Mayor Alfaro Nays: None City Manager's Report Trip to Austin House Bill 1802 The City Manager made a trip to Austin at the invitation of TML. House Bill 1802 requires a $1.00 assessment on all residential water bills every month which the City would remit to the State. About twelve percent of that would go to TNRCC for administration and the rest to various other programs. They are looking at the State of Texas water plan. Municipal utility districts and water districts talked about problems with the aquifers and how the pumping of ground water in the northern part of the state affected the southern part of the state, how an overall plan was needed for the state, and how this program was a program 970313 -14 Minutes of the Regular Session - March 13, 1997 of brush removal, how cedar trees used such a large amount of water on an annual basis that they are considering removing a large number of cedar trees in certain areas. We are not opposed to developing a water plan, but the City should not be the collection agency for the state. Adjourn As there was no further business to be transacted, the meeting was adjourned. gileen P. Ha I, City Clerk minutes1031397rgr CITY OF BAYfOWN BID TABULATION TITLE: REMOVAL & REPALCEMENT OF GARAGE ROOF AT POLICE DEPARTMENT BID #: 9702 -37 DATE: MARCH 4,1997 2:00 P.M. Page 1 `. HODCO, INC. CHATHAM CONST. CO. REMBRANOT ENT., INC. ITEM QUANTITY UNIT DESRIPTION UNIT PRICE EXT. PRICE UNIT PRICE EXT. PRICE UNIT PRICE EXT. PRICE 1 1 LOT Removal 8 Replacement of $ 17,636.86 $11,636.86 $ 13,288.00 $ 13,286.00 $ 14,149.00 $ 14,149.00 Garage Roof at Police Dept. Insulation $1.00 / sf. $.60 /sf. $1.75 / sf. Special Conditions: 1 mono-vent was included in lieu of 2 round vents Cos[ to completely replace insulation is $1,260.00 CONTRACTOR LOCATION Highlands, TX Baytown, TX Dlcklnson, TX Page 1 `. CITY OF BAYTOWN BID TABULATION TITLE: REMOVAL 8 REPALCEMEN7 OF GARAGE ROOF AT POLICE DEPARTMENT BID #: 9702 -37 DATE: MARCH 4.1997 2:00 P.M. Page 2 i HODGES CONT., INC. ITEM QUANTITY UNIT DESRIPTION UNIT PRICE EXT. PRICE UNIT PRICE EXT. PRICE UNIT PRICE EXT. PRICE 1 1 LOT Removal &Replacement of $ 17,365.00 $17,365.00 Garage Roof at Police Dept. Insulation NIA Special Conditions: CONTRACTOR LOCATION Highlands, TX Page 2 i is L a F A u d TITLE PATCH TRUCK slD tt: 9702 -38 DATE: MARCH 4, 7997 2:00 P.M. CITY OF BAYTOWN BID TABULATION H.D..INDUSTRIES, INC. (1) H.D. INDUSTRIES, INC. {2) ITEM QUANTITY UNIT DESCRIPTION UNIT PRICE EXT. PRICE UNIT PRICE EXT. PRICE UNIT PRICE EXT. PRICE 1997 GMC TRUCK 1998 FORD F800 1 1 EACH Patch Truck $ 75,710.00 b 74,077.29 OPTIONAL EQUIPMENT i 1 EACH Sand Spreader $ 2,100.00 $ 2,100.00 2 1 EACH Electdc 220 Volt Heaters $ 500.00 S 500.00 3 1 EACH Verticle Exhaust Pipe $ 210.00 $ 210.00 4 1 EACH Arrow board mounted on rear instead of air operated $ (400.00) S (400.00) GRAND TOTALS with $ 78,020.00 $ 76,387.29 options 1 & 3 SUPPLY POINT: Jacksonville, Texas Jacksonville, Texas