City Council Special Meeting
Special MeetingPort Lavaca, TX · November 22, 2021
Minutes
Port Lavaca, TX CITY COUNCIL SPECIAL MEETING November 22, 2021
CITY COUNCIL SPECIAL MEETING
Monday, November 22, 2021 at 5:30 PM
Council Chambers at City Hall, 202 n. Virginia Street, Port Lavaca, Texas 77979
MINUTES
STATE OF TEXAS §
COUNTY OF CALHOUN §
CITY OF PORT LAVACA §
On this the 22nd day of November, 2021, the City Council of the City of Port Lavaca, Texas,
convened in a special meeting at 5:30 p.m. at the regular meeting place in Council Chambers at City Hall,
202 North Virginia Street, Port Lavaca, Texas, with the following members in attendance:
I. ROLL CALL
Jack Whitlow Mayor
Jerry Smith Councilman, District 1
Tim Dent Councilman, District 2
Allen Tippit Councilman, District 3
Rosie G. Padron Councilwoman, District 4, Mayor Pro Tem
Jim Ward Councilman, District 5
Ken Barr Councilman, District 6
And with the following absent:
None
Constituting a quorum for the transaction of business, at which time the following business was
transacted:
II. CALL TO ORDER
• Mayor Whitlow called the meeting to order at 5:37 P.M. and presided.
III. COMMENTS FROM THE PUBLIC
• Mayor Whitlow asked for comments from the public and there were none.
IV. ACTION ITEMS – (Council will consider/discuss the following items and take any action
deemed necessary)
1. Consider award of the TPWL National Recreational Trails Grant project. Presenter is Jody
Weaver
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Port Lavaca, TX CITY COUNCIL SPECIAL MEETING November 22, 2021
Interim City Manager Weaver advised Council that the City of Port Lavaca was awarded a $200,000
Recreational Trails Grant in 2019. She said after a year waiting on the environmental study and another
year for Texas Parks and Wildlife (TPWL) to make upgrades to their online portal system, staff received
the grant contract this past summer. Staff contracted with Urban Engineering to prepare the construction
bid documents for this project along with other improvements as part of the second Phase of the Bayfront
Peninsula Park Walking Trail & Park Improvements.
A total of 4 Bids were received on November 16 and they are as follows:
Total Base Bid + Calendar Days
Bidders: Alternate No. 1 to Complete
1. K-C Lease Service, Inc.
DBA MatagordaConstruction & Materials $542,666.00 68
2. Sylva Construction, LLC $618,107.19 160
3. Staff Concrete Construction $629,847.90 90
4. Lester Contracting, Inc. $687,848.00 180
Weaver said the Alternate bid is to include pavement improvements from the new raised walkway
to the Veterans Memorial. This would be similar to the improvements made in Phase 1. Staff is
proposing a raised walkway across the entrance road as a traffic calming feature. With the
completion of this project there will be an exact 1.0-mile lighted walking trail loop around the
Park and approximately 0.5-mile bike loop in the park.
The Low Bidder is K-C Lease Service, Inc. DBA MatagordaConstruction & Materials:
Amount for Base Bid $426,173.00
Amount for Alternate 1 $116,493.00
Total Sum for Base plus Alternate 1 $542,666.00
FINANCIAL IMPLICATIONS: There is a total of $500,766.00 included in the 2021-2022
Capital Improvement budget for this construction project (this includes the $200,000.00 grant
funds).
An award of the Base Bid and the Paving Improvements Alternate would require additional
funds of $41,900.00. The Auditors have completed the Fiscal Year End (FYE) 2020 Audit and are
in the process of writing the report for presentation to Council on December 13. The Audit reveals
a gain of $200,780.00 in our reserves balance from that we had assumed when preparing the FYE
2022 budget.
Weaver said the Community's response to the improvements completed as part of Phase 1 has been
extremely positive. The park is being well used for fishing, walking/jogging and other family
outings. This project will provide a safe place for bikers to ride as wellas provide a full 1.0-mile
loop for walking and jogging. It contributes towards completion of Action Item 4 of the 2016
Comprehensive Plan - "to complete the improvements at Bayfront Park".
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Port Lavaca, TX CITY COUNCIL SPECIAL MEETING November 22, 2021
Recommendation by Matt Glaze, Project Engineer, of Urban Engineering is for the contract for the
aforementioned project be awarded to K-C Lease Service, Inc. DBA Matagorda Construction &
Materials and the Parks Board and staff concur.
Motion made by Councilman District 5 Ward
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
LAVACA, TEXAS:
THAT, in accordance with recommendation of the Recreation and Parks Board and staff, Council
hereby awards the Texas Parks and Wildlife (TPWL) National Recreational Trails Grant project to K-
C Lease Service, Inc. DBA Matagorda Construction & Materials in the sum of $542,666.00 with
68 calendar days to complete the project, after Receipt of Notice to Proceed.
After further discussion and without a second, Councilman Ward withdrew his motion.
Motion made by Councilman District 3 Tippit
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
LAVACA, TEXAS:
THAT, in accordance with recommendation of the Recreation and Parks Board and staff, Council
hereby awards the Texas Parks and Wildlife (TPWL) National Recreational Trails Grant project to K-
C Lease Service, Inc. DBA Matagorda Construction & Materials in the sum of $542,666.00 with
68 calendar days to complete the project, after Receipt of Notice to Proceed.
BE IT ALSO RESOLVED that the required additional funds, in the amount of $41,900.00 from
the Reserves Balance, are also authorized to be used for this project.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute all instruments
necessary to effect such agreement.
Seconded by Councilman District 5 Ward.
Voting Yea:
Councilman District 1 Smith, Councilman District 2 Dent, Councilman District 3 Tippit, Councilwoman
District 4 (Mayor Pro Tem) Padron, Councilman District 5 Ward, Councilman District 6 Barr
2. Consider approval of Additive Change Order to the Renovation of the Southern Pacific
Depot. Presenter is Jody Weaver
Interim City Manager Weaver advised Council that a contract was awarded on September 10 to Barefoot
Construction to renovate the Southern Pacific Railroad Depot for a cost of $189,820.00 which was only
$755.00 below what was budgeted. Weaver said the progress to date includes demolition and
reconstruction of the exterior deck/platform, leveling up of the east end of the structure, installation of
the soffit under the east end roof structure, and repair of the damaged area of the main roof and associated
trusses and the Asbestos contractor has also completed the removal of the asbestos siding.
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Port Lavaca, TX CITY COUNCIL SPECIAL MEETING November 22, 2021
In making the repairs to the damaged area of the roof, more deteriorated lumber was encountered than
had been estimated. The construction contract includes unit prices for any additional quantity of
plywood and lumber, which Mark voluntarily reduced from the dollar amount bid, when he realized that
he had misunderstood the bid item and the price he bid was much higher than it should have been. The
additional board foot of lumber and square footage of plywood required to complete this roof repair at
the unit prices amounted to an additional $19,564.00.
Mr. Barefoot identified that a portion of the exterior beam supporting the main building on the north
side was severely deteriorated and discovered that the wooden piers supporting the beams under the
main portion of the building were sitting only a few inches below the natural grade and were in many
instances deteriorated. We worked with Lynn Engineering and provided a plan to install new CMU
piers, replace the north beam, level the structure up and tie it into the new concrete piers being
constructed under the new open deck area, to provide lateral support. This Change Order 1, which also
includes a repair to correct the sagging of two window headers and additional trim to better match the
1908 photo, amounted to $20,038.00. Due to the need to continue with these improvements before being
able to move forward with the remainder of the project, and it being less than $25,000, Weaver approved
this Change Order No. 1.
When the siding was removed from the north side of the west end of the building, it was realized that
termites had been active in some of the wood foundation and wall studs in this area. Again, working
with Lynn Engineering, Mr. Barefoot has submitted a proposed Change Order to make foundation
repairs and level up the west end of the building and replace the rotten wall studs as well as replace the
wood flooring. Removal of the wood flooring is necessary to make the foundation repairs and several
soft spots in the flooring have been discovered. The cost for this Change Order 2 is $17,425.00. Apart
from this contract, staff is getting proposals for termite treatment of the site.
For Council's consideration, Weaver asked Mr. Barefoot to provide a price to extend the exterior
deck/platform along the north side of the building to just past the sliding doors to recreate the deck
(minus the stairs) as it was in the 1908 photograph. This would involve a 10' x 21' addition to the deck.
He is proposing to do that at the prorated cost of the deck that was bid and is currently in the contract.
This would be $42.86/sf
FINANCIAL IMPLICATIONS:
To date the project has cost $38,847.00 more than was budgeted. This includes the $19,564.00
additional cost due to actual lumber quantities and the above described $20,038.00 Change Order 1.
Understand that there could possibly still be additional cost due to actual lumber quantities, but at this
time we believe we have identified all of the significant issues with the structure.
To fund both the needed foundation improvements on the west end of the building and the deck
extension would be another $27,283.00 on this contract. This would bring the total cost to $66,130 over
what was budgeted. As mentioned in the Memo regarding the award of the Texas Parks and Wildlife
(TPWL) Bayfront project, the FYE 2020 Audit has shown that there is in reality $200,780.00 more in
General Fund Reserves than we had assumed when preparing this year's budget. Assuming approval of
the TPWL grant project award, there still remains $158,880.00 of this amount. After funding this
additional $66,130.00, there would remain $92,750.00 of this amount of additional General Fund
Reserves above what was assumed for the Fiscal Year End (FYE) 2022 budget.
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Port Lavaca, TX CITY COUNCIL SPECIAL MEETING November 22, 2021
Staff recommends that Council approve Change Order No. 2 in a total amount of $46,847.00, to be funded
with General Fund Reserves. This Change Order reflects $17,425.00 for the west end structural repairs,
$9,858.00 for the additional deck area and $19,564.00 for the additional as-built quantities to date.
Motion made by Councilman District 5 Ward
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
LAVACA, TEXAS:
THAT, in accordance with recommendation of staff, Council hereby approves Change Order No.
2 from Barefoot Construction, for the Renovation of the Southern Pacific Depot, in the total amount of
$46,847.00, to be funded with General Fund Reserves.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute all instruments
necessary to effect such agreement.
Seconded by Councilman District 6 Barr.
Voting Yea:
Councilman District 1 Smith, Councilman District 2 Dent, Councilman District 3 Tippit, Councilwoman
District 4 (Mayor Pro Tem) Padron, Councilman District 5 Ward, Councilman District 6 Barr
3. Receive Presentation of final report from AECOM on the City’s Water Supply Feasibility
Study. Presenter is Wayne Shaffer
Public Works Director Shaffer introduced Susan Spore, a representative of AECOM and she made a
presentation of a final report on the City’s Water Supply Feasibility Study.
No action needed and none taken.
4. Receive Presentation of final report from AECOM on the City’s Lynn’s Bayou Wastewater
Treatment Plant (WWTP) expansion. Presenter is Wayne Shaffer
Public Works Director Shaffer introduced Ron Cass, a representative of AECOM and he made a
presentation of a final report on the City’s Lynn’s Bayou Wastewater Treatment Plant (WWTP)
expansion.
No action needed and none taken.
5. Consider approval of two (2) AECOM Task Orders. Presenter is Wayne Shaffer
Public Works Director Shaffer advised Council of the following task orders for a sum of $562,046.00:
• Task Order No. 3 regarding “next step” activity regarding the City’s Water Supply.
• Task Order No. 4 to prepare construction documents for immediate needs at the City’s Lynn’s
Bayou Wastewater Treatment Plant (WWTP).
Mayor announced that this agenda item would be passed.
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Port Lavaca, TX CITY COUNCIL SPECIAL MEETING November 22, 2021
V. ADJOURN SPECIAL MEETING
Mayor asked for motion to adjourn.
Motion made by Councilman District 5 Ward, Seconded by Councilman District 6 Barr
Voting Yea:
Councilman District 1 Smith, Councilman District 2 Dent, Councilman District 3 Tippit, Councilwoman
District 4 (Mayor Pro Tem) Padron, Councilman District 5 Ward, Councilman District 6 Barr
Special Meeting adjourned at 7:23 p.m.
These minutes were approved on December 13, 2021.
Jack Whitlow, Mayor
Mandy Grant, City Secretary
Page 6 of 6
Agenda
CITY COUNCIL SPECIAL MEETING
Monday, November 22, 2021 at 5:30 PM
Council Chambers at City Hall, 202 n. Virginia Street, Port Lavaca, Texas 77979
PUBLIC NOTICE OF MEETING
The following item will be addressed at this or any other meeting of the city council upon the request
of the mayor, any member(s) of council and/or the city attorney:
Announcement by the mayor that council will retire into closed session for consultation with
city attorney on matters in which the duty of the attorney to the city council under the Texas
disciplinary rules of professional conduct of the state bar of Texas clearly conflicts with the
open meetings act (title 5, chapter 551, section 551.071(2) of the Texas government code).
(All matters listed under the consent agenda item are routine by the city council and will be enacted
by one motion. There will not be separate discussion of these items. If discussion is desired, that
item will be removed from the consent agenda and will be considered separately.)
AGENDA
Council will consider/discuss the following items and take any action deemed necessary.
COVID-19 MEETING PROCEDURE
Public notice is hereby given that the City Council of the City of Port Lavaca, Texas, will conduct a special
meeting on Monday, November 22, 2021 beginning at 5:30 p.m. at the regular meeting place in Council
Chambers at City Hall, 202 North Virginia Street, Port Lavaca, Texas to consider the following items of
business:
Due to COVID-19 concerns, social distancing guidelines will be encouraged for in-person attendance.
The meeting will also be available via the video conferencing application “ZOOM”.
Join Zoom Meeting:
https://us02web.zoom.us/j/87572078429?pwd=OU5qRnFtSllZcG9jd3NqTGwySGd1dz09
Meeting ID: 875 7207 8429
Passcode: 572270
One Tap Mobile
+13462487799,,87572078429#,,,,*572270# US (Houston)
+1 346 248 7799 US (Houston)
I. ROLL CALL
II. CALL TO ORDER
III. COMMENTS FROM THE PUBLIC - Comments will be limited to three (3) Minutes
per individual unless permission to speak longer is received in advance
Port Lavaca, TX CITY COUNCIL SPECIAL MEETING November 22, 2021
IV. ACTION ITEMS - Council will consider/discuss the following items and take any action
deemed necessary
1. Consider award of the TPWL National Recreational Trails Grant project. Presenter is Jody
Weaver
2. Consider approval of Additive Change Order to the Renovation of the Southern Pacific
Depot. Presenter is Jody Weaver
3. Receive Presentation of final report from AECOM on the City’s Water Supply Feasibility
Study. Presenter is Wayne Shaffer
4. Receive Presentation of final report from AECOM on the City’s Lynn’s Bayou Wastewater
Treatment Plant (WWTP) expansion. Presenter is Wayne Shaffer
5. Consider approval of two (2) AECOM Task Orders. Presenter is Wayne Shaffer
Task Order No. 3 regarding “next step” activity regarding the City’s Water Supply.
Task Order No. 4 to prepare construction documents for immediate needs at the City’s Lynn’s
Bayou Wastewater Treatment Plant (WWTP).
V. ADJOURN SPECIAL MEETING
VI. CERTIFICATION OF POSTING NOTICE
This is to Certify that the above foregoing notice of a Special Meeting of the City Council of the
City of Port Lavaca, Texas, to be held Monday, November 22, 2021 beginning at 5:30 p.m., was
posted at City Hall, easily accessible to the Public, as of 5:00 p.m., Thursday, November 18, 2021.
/s/ Mandy Grant, City Secretary
ADA NOTICE
The Port Lavaca City Hall and Council Chambers are wheelchair accessible. Access to the building is
available at the primary north entrance facing Mahan Street. Special parking spaces are located in the
Mahan Street parking area. In compliance with the Americans with Disabilities Act, the City of Port
Lavaca will provide for reasonable accommodations for persons attending meetings. To better serve you,
requests should be received 24 hours prior to the meetings. Please contact City Secretary Mandy Grant
at (361) 552-9793 Ext. 230 for assistance.
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