Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
1974-10-23 Regular Meeting
• • MINUTES - REGULAR MEETING OF THE LA PORTE CITY COMMISSION, LA PORTE, TEXAS OCTOBER 23, 1974 7:00 P.M. MEMBERS OF THE COMMISSION PRESENT: Mayor E. A. Thomas, Commissioners C. D. Christensen, I. J. Kibodeaux, A. Uel Price, and C. D. Boyle. MEMBERS OF THE COMMISSION ABSENT: None. OTHER CITY OFFICIALS PRESENT: Larry L. Broussard, Director of Finance; Margie Goyen, City Clerk; Knox Askins, City Attorney; Larry Morton, Acting Public Works Director; H. F. Freeman, Chief of Police. OTHERS PRESENT: A. J. Busch, Jr., Consulting Engineer of Busch, Hutchison & Associates; Planning and Zoning Commission Members: Walter Roberson, Chairman; Wm. S. Love, Jr., Secretary; Lois Compton, J. H. Smith. PRESIDING: Mayor Thomas + + + 1. CALL TO ORDER - Mayor Thomas called the meeting to order. 2. INVOCATION - The invocation was given by Commissioner Price. • • • • Regular Meeting 10-23-74 - Continued 2 3. JOINT PUBLIC HEARING WITH PLANNING AND ZONING COMMISSION- REZONING LOTS 9, 10, AND 11, BLOCK 72, TOWN OF LA PORTE - FROM RESIDENTIAL TO COMMERCIAL (FRANK BOYLE, JR.). Mayor Thomas called the Joint Public Hearing with the Planning and Zoning Commission to order to consider the rezoning of Lots 9, 10, and 11, Block 72, Town of La Porte, from Residential to Commercial. It was ascertained within 200 feet of for rezoning were ~ a public notice of official newspaper October 3, 1974. that notices to all property owners the property under consideration nailed on October 2, 1974, and that this hearing was published in the of the City of La Porte on Mayor Thomas asked if there was anyone present desiring to speak in favor of the rezoning. There being none, asked if there was anyone present desiring to speak in opposition to the rezoning. There being none, declared the hearing closed. • Since there were two hearings on othere pieces of property to be considered for rezoning, it was the consensus of opinion to hold the hearings on the other properties before the Planning and Zoning Commission recessed to make their recommendation and the City Commission would vote on the property separately after the recommendation was presented. 4. JOINT PUBLIC HEARING WITH PLANNING AND ZONING COMMISSION REZONING - 8.9957-ACRES - ABSTRACT 5 - E. BRINSON SURVEY - HARRIS COUNTY, TEXAS - FROM RESIDENTIAL TO COMMERCIAL (MATT H. BENTON). Mayor Thomas called the Joint Public Hearing with the Planning and Zoning Commission to order to consider the request from Mr. Matt H. Benton to rezone 8.9957 acres, Abstract 5, E. Brinson Survey, from Residential to Commercial. It was ascertained that notices to all property owners within 200 feet of the property under consideration for rezoning were mailed on October 2, 1974, and that a public notice of this hearing was published in the official newspaper of the City on October 3, 1974. • • • Regular Meeting 10/23/74 - Continued 3 4. REZONING 8.9957 ACRES - ABSTRACT 5 - E. BRINSON SURVEY - CONTINUED - Mayor Thomas asked if there was anyone present desiring to speak in opposition to-the rezoning. There being none, asked if there was anyone desiring to speak in favor of the rezoning. Mr. Walter Roberson, Chairman of the Planning and Zoning Commission was recognized and stated that this property was located north of the drainage canal and on the south side of the highway. One-half of the property is zoned commercial and the other one-half is zoned residential. Future plans are to zone the property from the drainage canal north, to commercial. There being no one else desiring to speak, the hearing was declared closed. 5. JOINT PUBLIC HEARING WITH PLANNING AND ZONING COMMISSION - REZONING THE WEST 1/2 OF BLOCK 1135, BLOCK 1136, BLOCK 1137, EAST 1 2 OF BLOCK 1138, EAST 1/2 OF BLOCK 1143, BLOCK 1144, BLOCK 1145, BLOCK 1171, BLOCK 1172, BLOCK i 1173, EAST 1/2 OF BLOCK 1174, EAST 1/2 OF BLOCK 1179, BLOCK 1180, BLOCK 1181, AND WEST 1 2 OF BLOCK 1182, TOWN OF LA PORTE - FROM RESIDENTIAL TO COMMERCIAL WITH SPECIAL USE PERMITS FOR LIGHT INDUSTRY - Mayor Thomas called the Joint Public Hearing with the Planning and Zoning Commission to order to consider the rezoning of the above described properties from Residential to Commercial with Special Use Permits for Light Industry. It was ascertained that notices to all property owners and all property owners within 200 feet of the property under consideration for rezoning were mailed on October 2, 1974, and that a public notice of this hearing was published in the official newspaper of the City on October 3, 1974. Mayor Thomas asked if there was anyone desiring to speak in favor of the rezoning? Mr. Walter Roberson was recognized and stated this property was part of the property south of Fairmont Parkway that was to have been re-classified and was inadvertently left out of the legal notice. Therefore, an additional hearing was required. • • Regular Meeting 10/23/74 - Continued 4 5. REZONING - CONTINUED - Mayor Thomas asked if there was anyone present desiring to speak in opposition to the rezoning? There being none, declared the hearing closed. The meeting of the City Commission recessed while the Planning and Zoning Commission met on the requests for rezoning. Mayor Thomas called the meeting to order and the recommendation from the Planning and Zoning Commission to approve the rezoning of Lots 9, 10, and 11, Block 72 from Residential to Commercial was read. Motion by Commissioner Price, seconded by Commissioner Kibodeaux to approve the rezoning of Lots 9, 10, and 11, Block 72, from Residential to Commercial. Motion carried by the following vote: AYES: Commissioners Christensen, Kibodeaux, Price, and Boyle. • NAYS: None. ~(A) ORDINANCE NO. 780-W REZONING LOTS 9, 10, 11, BLOCK 72, TOWN OF LA PORTE - After the ordinance was read in full, motion by Commissioner Price, seconded by Commissioner Kibodeaux to adopt Ordinance No. 780-W as read. Motion carried by the following vote: AYES: Commissioners Christensen, Kibodeaux, Price, and Boyle. NAYS: None. CAPTION: AN ORDINANCE AMENDING ORDINANCE NO. 780, THE CITY OF LA PORTE ZONING ORDINANCE, BY CHANGING THE CLASSIFICATION OF THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED; AND PROVIDING AN EFFECTIVE DATE HEREOF. + + + The recommendation from the Planning and Zoning Commission to approve the rezoning of 8.9957 Acres, E. Brinson Survey, Abstract 5, Harris County, Texas, was read. l k ~ Regular Meeting 10/23/74 - Continued REZONING - CONTINUED - Motion by Commissioner Kibodeaux, seconded by Commissioner Price to approve the rezoning of 8.9957 Acres, E. Brinson Survey, Abstract 5, Harris County, Texas, from Residential to Commercial. Motion carried by the following vote: AYES: Commissioners Christensen, Kibodeaux, Price, and Boyle. NAYS: None. • (B) ORDINANCE NO. 780-X REZONING 8.9957 ACRES, E. BRINSON SURVEY, ABSTRACT 5, HARRIS COUNTY, TEXAS - After the ordinance was read in full, motion by Commissioner Christensen, seconded by Commissioner Price to adopt Ordinance No. 780-X as read. Motion carried by the following vote: AYES: Commissioners Christensen, Kibodeaux, Price, and Boyle. NAYS: None. CAPTION: AN ORDINANCE AMENDING ORDINANCE N0. 780, THE CITY OF LA PORTE ZONING ORDINANCE, BY CHANGING THE CLASSIFICATION OF THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED; AND PROVIDING AN EFFECTIVE DATE HEREOF. + + + 5 The recommendation from the Planning and Zoning Commission to approve the rezoning of the West 1/2 of Block 1135, Block 1136, Block 1137, East 1/2 of Block 1138, East 1/2 of Block 1143, Block 1144, Block 1145, Block 1171, Block 1172, Block 1173, East 1/2 of Block 1174, East 1/2 of Block 1179, Block 1180, Block 1181 and West 1/2 of Block 1182, Town of La Porte, from Residential to Commercial with Special Use Permits for Light Industry. • Motion by Commissioner Price, seconded by Commissioner Christensen to approve the rezoning of the above stated property from Residential to Commercial with Special Use Permits for Light Industry. ~ ~ • Regular Meeting 10/23/74 - Continued 6 REZONING - CONTINUED - Motion carried by the following vote: AYES: Commissioners Christensen, Kibodeaux, Price, and Boyle. NAYS: None. (C) ORDINANCE N0. 789-Y REZONING THE WEST 1/2 OF BLOCK 1134, BLOCK 1136, BLOCK 1137, EAST 1 2 OF BLOCK 1138, EAST 1/2 OF BLOCK 1143, BLOCK 1144, BLOCK 1145, BLOCK 1171, BLOCK 1172, BLOCK 1173, EAST 1/2 OF BLOCK 1174, ~AS'1' 1/ l Ur' BLUCK 117 y , BLOCK 118 0 , BLOCK 1181, AND WEST 1/2 OF BLOCK 1182, TOWN OF LA PORTE FROM RESIDENTIAL TO COMMERCIAL WITH SPECIAL USE PERMITS FOR LIGHT INDUSTRY. After the ordinance was read in full, motion by Commissioner Price, seconded by Commissioner Christensen to adopt Ordinance No. 780-Y as read. Motion carried by the following vote: • AYES: Commissioners Christensen, Kibodeaux, Price, and Boyle. NAYS: None. CAPTION: AN ORDINANCE AMENDING ORDINANCE NO. 780, THE CITY OF LA PORTE ZONING ORDINANCE, BY CHANGING THE CLASSIFICATION OF THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED; AND PROVIDING AN EFFECTIVE DATE HEREOF . + + + 6. APPROVAL OF MINUTES - REGULAR MEETING OCTOBER 7, 1974 - Motion by Commissioner Kibodeaux, seconded by Commissioner Christensen to approve the minutes of the regular meeting of October 7, 1974, as presented. Motion carried by the following vote: AYES: Commissioners Christensen, Kibodeaux, Price, and Boyle. NAYS: None. + + + • • • Regular Meeting 10/23/74 - Continued 7 7. APPROVAL OF ACCOUNTS PAYABLE - Motion by Commissioner Price, seconded by Commissioner Kibodeaux to approve the accounts payable with the following corrections: Texas Crushed Stone Co. $ 910.53 ADD: Ernies 375.00 Lake Roofing 1,995.00 A copy of the Accounts Payable is attached and made a part of these minutes. It was determined that the check for Lake Roofing would be held until written approval was received from both Mr. Dan Kennedy and Mr. Larry Morton, stating that the Library Roof had been satisfactorily completed. Motion carried by the following vote: • AYES: Commissioners Christensen, Kibodeaux, Price, and Boyle. NAYS: None. + + + 8. VISITORS WISHING TO ADDRESS THE COMMISSION - Mayor Thomas asked if the meeting had been posted according to law? The City Clerk affirmed. Mayor Thomas welcomed all visitors and expressed his appreciation for their presence and invited them back at any time. + + + 9. RATIFY AWARDING BID FOR TRENCHING MACHINE WITH TRAILER TO UNDERGROUND EQUIPMENT AND SUPPLY IN THE AMOUNT OF 4,674.36 - Motion by Commissioner Kibodeaux, seconded by Commissioner Price to ratify awarding the bid for a Trenching Machine with Trailer to Underground Equipment and Supply in the amount of $4,674.36. Motion carried by the following vote: • AYES: Commissioners Christensen, Kibodeaux, Price, and Boyle. NAYS: None. + + + • • • Regular Meeting 10/23/74 - Continued 10. ORDINANCE NO. 915-D - AN ORDINANCE GRANTING A PERMIT UNDER SECTION 18-A-3 OF ORDINANCE NO. 915, "PIPELINE TRANSPORTATION", BEING CHAPTER 18-A OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS; AND APPROVING THE APPLICATION OF GULF OIL CORPORATION DATED SEPTEMBER 6, 1974 TO CONSTRUCT AN EIGHT-INCH ETHYLENE PIPELINE; AND PROVIDING AN EFFECTIVE DATE HEREOF. After the ordinance was read in full, motion by Commissioner Price, seconded by Commissioner Christensen to adopt Ordinance No. 915-D as read. Motion carried by the following vote: AYES: Commissioners Christensen, Kibodeaux, Price, and Boyle. NAYS: None. CAPTION: AN ORDINANCE GRANTING A PERMIT UNDER SECTION 18-A-3 OF ORDINANCE N0. 915, "PIPELINE TRANSPORTATION", BEING CHAPTER 18-A OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS; AND APPROVING THE APPLICATION OF GULF OIL CORPORATION DATED SEPTEMBER 26, 1974, TO CONSTRUCT AN EIGHT-INCH ETHYLENE PIPELINE; AND PROVIDING • AN EFFECTIVE DATE HEREOF. + + + 11. CONSIDER ORDINANCE N0. 1006 - AN ORDINANCE MAKING AN APPOINTMENT TO THE UNEXPIRED TERM OF E. W. FELSCHER, JR., ON THE CITY OF LA PORTE HOUSING AUTHORITY; AND PROVIDING AN EFFECTIVE DATE HEREOF. After a brief discussion regarding Mr. Alfred R. Pena being appointed to fill the vacancy on the Housing Authority, the ordinance was read in full. Motion by Commissioner Christensen, seconded by Commissioner Price to adopt Ordinance No. 1006 as read. Motion carried by the following vote: AYES: Commissioners Christensen, Kibodeaux, Price, and Boyle. NAYS: None. CAPTION: AN ORDINANCE MAKING AN APPOINTMENT TO THE UNEXPIRED TERM OF E. W. FELSCHER, JR., ON THE CITY OF LA PORTE HOUSING AUTHORITY: AND PROVIDING AN EFFECTIVE DATE HEREOF. • + + + • Regular Meeting 10/23/74 - Continued 9 12. CONSIDER ORDINANCE N0. 1007 - AN ORDINANCE ORDERING PORTION OF STREET IN CRESCENT SHORES BETWEEN BLOCK 1 AND BLOCK 2 NEVER TO BE OPENED - After the ordinance was read in full, motion by Commissioner Christensen, seconded by Commissioner Price to adopt Ordinance No. 1007 as read. Motion carried by the following vote: AYES: Commissioners Christensen, Kibodeaux, Price, and Boyle. NAYS: None. CAPTION: AN ORDINANCE DECLARING THE. POLICY OF THE CITY OF LA PORTE CONCERNING A PORTION OF CRESCENT DRIVE, IN CRESCENT SHORES SUBDIVISION IN THE CITY OF LA PORTE; AND PROVIDING AN EFFECTIVE DATE HEREOF. + + + 13. APPROVE PAYMENT TO UNDERGROUND EQUIPMENT AND SUPPLY IN THE AMOUNT OF 4,674.36 FOR A TRENCHINr MA~HTNF. WITH TRAILER - Motion by Commissioner Christensen, seconded by Commissioner Price to approve payment to Underground Equipment in the amount of $4,674.36 for a Trenching Machine with Trailer. Motion carried by the following vote: AYES: Commissioners Christensen, Kibodeaux, Price, and Boyle. NAYS: None. + + + 14. DISCUSS ENGINEERING CONTRACTS - SOUTHERN PACIFIC RAILROAD ON OVERPASS AT SPENCER HIGHWAY - Mayor Thomas stated that the Engineering Contracts from Turner, Collie & Braden had been received. Copies had been sent to the City Attorney and Engineer for their approval and Southern Pacific Transportation Company for their approval. A copy of Turner, Collie & Braden's letter and a copy of Southern Pacific Transportation Co., letter, requesting corrections to the contracts are attached and made a part of these minutes. • • • Regular Meeting 10/23/74 - Continued 14. DISCUSS ENGINEERING CONTRACTS - (CONTINUED) There is an engineering services contract and a separate boring contract. Mr. Askins stated that the contract for engineering services was a standard contract and was acceptable with the Engineer and himself. However, under the terms of the settlement, this is one of the items that will be paid for in full by the Railroad. • Turner, Collie & Braden will submit their invoices to the City. We will turn them over to the Railroad and they in turn will pay Turner, Collie & Braden direct. This is in accord with the Judgment. The Attorney was of the opinion that written approval should be received from the Railroad, for our files, on each stage. 10 A meeting was held between Turner, Collie & Braden and Southern Pacific, at which time, some of clauses were changed. There was no representative from the City present. Mr. Askins stated that he was in a position to recommend to the Commission to authorize the Mayor and City Clerk to execute the contracts on behalf of the City. The necessary changes will be made before the contracts are executed and returned. A cover letter will be prepared by the Attorney giving Turner, Collie & Braden formal notice that the money for this project will come from Southern Pacific and the City of La Porte will have no monetary obligation. The City will pay for Mr. Busch's Engineering Services and initialing Turner, Collie & Braden's invoices before sending them to Southern Pacific for payment. It was determined that some preliminary work has already begun for the project. Upon the recommendation of the City Attorney and the Engineer, motion by Commissioner Christensen, seconded by Commissioner Price to authorize the City Attorney to prepare the necessary letters and authorize the Mayor and City Clerk to execute the contracts after the necessary corrections had been made. Motion carried by the following vote: • • • • Regular Meeting 10/23/74 - Continued 14. DISCUSS ENGINEERING CONTRACTS - CONTINUED 11 AYES: Commissioners Christensen, Kibodeaux, Price, and Boyle. NAYS: None. + + + • 15. CONSIDER TRANSFERRING BUDGET FUNDS FOR SEWER CLEANING MACHINE TO WATER METER FUND - After a brief discussion, motion by Commissioner Price, seconded by Commissioner Christensen to transfer $6,200 from the Water-Sewer 002-775-920, Sewer Cleaning Machine, to a Water Meter Fund. Anew Capital Improvement Number will be assigned. Motion carried by the following vote: AYES: Commissioners Christensen, Kibodeaux, Price, and Boyle. NAYS: None. + + + 16. RECESS FOR EXECUTIVE SESSION - Motion by Commissioner Price, seconded by Commissioner Christensen that the meeting recess for an executive session to discuss legal matters. Motion carried by the following vote: AYES: Commissioners Christensen, Kibodeaux, Price, and Boyle. NAYS: None. The meeting recessed at 7:55 P.M. 17. MEETING RECONVENED - The regular meeting reconvened at 8:22 P.M. + + + C7 • • • Regular Meeting 10/23/74 - Continued 12 18. CORRESPONDENCE - (A) LA PORTE INDEPENDENT SCHOOL DISTRICT - Mayor Thomas read a letter from the La Porte Independent School District requesting that the City remove all property used for recreational baseball from the high school campus after the close of the 1975 schedule. A copy of said letter is attached and made a part of these minutes. Commissioner Christensen requested the Engineer to continue with plans for new recreational facilities. (B) FILTER-MEDIA CO. - Mayor Thomas read a letter from Filter Me is requesting extension of water mains and fireplugs at several intersections near their company. A copy of said letter is attached and made a part of these minutes. (C) FRANK G. MULLER - Mayor Thomas read a letter from Mr. Frank G. Muller requesting the City to exercise restraint and prevent boat races scheduled to be held at the Marina, Sunday, October 27, 1974. • After some discussion, motion by Commissioner Price, seconded by Commissioner Christensen to authorize the City Attorney to send a letter to Mr. Frank G. Muller suggesting that he might seek legal counsel, but that the City was of the opinion that they had no authority due to the fact the event was on navigable waters. Motion carried by the following vote: AYES: Commissioners Christensen, Kibodeaux, Price, and Boyle. NAYS: None. (D) VISTA BAYWOOD APARTMENT MANAGER - Mayor Thomas read a letter from the manager of Vista Baywood Apart- ments stating that she was most anxious to co-operate with the City in regard to the problems existing with adjoining property owners. A copy of said letter and notice to tenants is attached and made a part of these minutes. (E) JOLENE WICKEL, SECRETARY - LA PORTE ELEMENTARY PTA Mayor Thomas read a letter from the Secretary of the La Porte Elementary PTA regarding the Halloween Carnival and requesting policemen for traffic control and patrol. It was determined that the City would honor the request as had been done in the past. A copy of said letter is • attached and made part of these minutes. • • • Regular Meeting 10/23/74 - Continued 13 18. CORRESPONDENCE - Continued (F) BENATE SUBCOMMITTEE ON CONSUMER AFFAIRS - Mayor Thomas read a letter from Mr. Ron Clover, Chairman of the Senate Subcommittee on Consumer Affairs, thanking Mayor Thomas for attending the hearing held in Houston October 4, 1974, on public utility regulations. A copy of said letter is attached and made a part of these minutes. Mayor Thomas reiterated some of the events of the hearing to the Commission. + + + 19. DISCUSSION OF DEPARTMENT PROJECTS - (A) Mr. A. J. Busch, informed the Commission that he ad received a letter from the Texas Water Quality Board and they had approved the grant application form 92-500., Step 1, EPA for the sewer plant. • + + + 20. ADJOURNMENT - Motion by Commissioner Kibodeaux, seconded by Commissioner Price that the meeting adjourn. Motion carried by the following vote: AYES: Commissioners Christensen, Kibodeaux, Price, and Boyle. NAYS: None. The meeting adjourned at 8:50 P.M. argie oyen, C ty Clerk Passed and approved this 4th day of November, 1974. C/c./ . • E. A. Thomas, Mayor • • • SCHEDULE OF ACCOUNTS PAYABLE Submitted for approval at the October 23rd,1974, Meeting, City Council, 7:00 P. M. CREDITOR Admiral Linen Service American Telephone ~ Telegraph Co. B. $ F. Maintenance Service A. G, Bailey Co. Bay Plumbing Supply Co. Bayshore Municipal Utility District Baytown Communications, Inc. Big Three Industries, Inc. Bobbie's Cafe Browning-Ferris Industries Brown ~ Root, Inc. Busch, Hutchison ~ Associates, Inc. ,A~orris Covin F, Associates Dixie Chemical Co. ~elman's House of Uniforms Fire Fox Corporation Golden Triangle Auto Clinic Gulf Oil Corporation Gulf States Asphalt Co. DESCRIPTION __AMOUNT Cleaning $ 225.53 Service 98.95 Service Parts Supplies Service Service Service Prisoner Meals Service TYPE "D" HMAC Service 70.00 103.70 192.26 49.11 39.00 4.96 75.25 45.00 10,916.47 1,765.60 Service Supplies Uniforms Supplies Service Gasoline Supplies 25.00 497.40 810.45 296.00 63.64 724.00 396.00 Houston Lighting ~, Power Co. Service 12.08 Houston National Bank Service 48,25 Houston Natural Gas Corp. Service 12.83 Houston Welding Supply Co. Service 9.00 Hunter Chemicals, Inc. Supplies 46.35 Hyco Equipment, Inc. Part ~ 90.53 Ineeda Linen Service Laundry 75.90 Knapp Chevrolet Part 51.51 Lansdowne-Moody Co.,Inc. Parts 11.30 Mc Kenzie Equipment Co.,Inc. Service 132.85 Jay Marks Chevrolet Parts 68.76 ank Glass Minimax Supplies 78.01 ore Paper Co. Supplies -:75.77 Municipal Finance Officers Assoc. Subcriptions 30.00 Municipal ~ Utility Division Rockwell International Compound Water Meter 752.45 Pfeiffer-Gambrell, Inc. Service 15.00 Pitney-Bowes Rental 30.00 Thomas B. Preston Service 650.00 •han Co. Supplies 254.34 Sa-So, Inc. Signs 61.65 Sears Roebuck ~, Co. Vac. Cleaner ~ Cabinet 73.94 Shell Oil Co. Gasoline 15.61 Art Simon's Modus Operandi, Ltd. Supplies 41.60 K. T. Snyder Co. Supplies 45.00 Jack Sollock Chrysler-Plymouth Service 182.73 Southwestern Be11 Telephone Co. Service 1,191.40 Southwest Meter F, Supply Co. Supplies 26.03 Stephens-Baker Insurance Insurance 949.09 Standard Coffee Service Co. S>>T~r~t i ec 66.06 • Page 2 Accounts Payable October 23, 1974 CREDITOR DESCRIPTION AMOUNT ~ 9/0.5'3 Texas Crushed Stone Co. Supplies $ -853-~32, Texas Dept. of Public Safety Supplies 30.00 Walker's Sand Co. Sand 90.00 Nlest Chemical Products, Inc. Service 40.90 Worthington Ice Maker Rentals Rental 40.00 Xerox Rental 231.68 ADD: Ernie's Gulf Coast Water School 375.00 Lake Roofing 1,995.50 • • • Lake Roofing , i.i~ ~ O r t i~ y L .t~:.::d t f) `~ 1 Ph. 471 - 591b did proPncal for The La Forte I,ibrc.ry. Acording to ori~in~l ~pecifice.tionq thin ro©f bad elovon (11) patchc., ~t1-.~cw uy:~ r~.n ai•~::~ of ca~rar Gr13 half of tho roof s~~hi~tch rroulcl be aone t=rich ~. ~u.~.ra.nte:e, then .tie ~~:ou1.d hc.ve a h~:lf of ~1 ne4v roof anti a. half of ~. oic~ roof. I,~y cu~estic~n ie to ~pua off all e~i~ting rock on com~let® roof, porgy'. r~~.ir co~.dition area, and main. roof. Thio ~iveJ uo a bcZ~C3 Wizeet .Vitl~out di.iturbi:~g anf ,ravel ~,Ytlard or flawhing. A11 bliet~trs in rcof to 'aa cut out and laid clo~~n flat. Entire ro©f 9 porch, ©ct. , to have our (4) nly, fi:~tcen (15) pound felt.y solid mop and antirc~: roaf. a.re~. to be serv2~ced mopped and rr~,lumirnzra coating applied or .Hopped 4..nd rock ~.pPlied. All Y°:orlrnian:~hip and. m~sterial gudre.nteed for tti~tenty (20) year. IIoY~ry Gcntiemen9 a lot of pcoplQ are not avrare of the amount of elect-r.~ici~Ly ti~irt i~ owed to a,ir condition a building of this type. ~,~rith u flat roaf ~~ith rock and. ~..:~p'n.nlt draF~~ a tremcndou~ amount oi' heat. ','i ith aluminum cr~a.ting you have from 50;a to b5 heat, rc~flecti©n per square yard y ~rhitch catty the umuunt of electricity u: ed;. ^otra.l price a: specified abovQ X1,995.50. Thank you, ~.~ C~ • .• ~ i ' Ems., ~ ~ U~ f7 r r ~ r - ;jam,; ~~ o v ~ 7 H CA U1 H ~ ! N i ~ . o ~ o ~ m w i ~ o o ~ m ~ ~ ~ ~ ~ ~ x r o o N ~ ~ ~ 'i' ,~ -r b ~' (D W '3 c+ N + i ~ N O 2 ~ ~ w y O w e w c~ ~ w ~ ~ v ~ ~ v, ~ ~ ~ v ,.3 m "' v ,. t~ c c ~ '~ t ~'' x ~ '`J ~ ~, ~ .ra ~ ,, ~• , , ,; ~ w to m ~ t.~ NI ''S ' ~ _ . ~ 1 ~ ' i ~ ~ C '~ ` ct ~ cr w ~ ~ ~ O z d ~ ~ a' o ~ ~ ~ ~ ,~ ~. , ,.. ~ ~ ~ +~ m ~ ~ - 1 ~~ ~ ~ t ~I N N G 1I (p Ul O ~ ~ P~ ~ ~ I v , ! w- .. ~ ~, ~,• -o tt,F i5I N -- ? 'd o ~ m x J' ~d , N. ~3 i ; O O Z d cat ' t7i rq -1 ~ ~ ~ t7 ~'~ _ ~ H ~' N b V v ~ ~ _. __ i _ ! .p V V'1 ~"~ O -~ O W O O~ ' ~ ~ V r ~"d V cry N ~P O .P tW O W G~ O O~ Y ~ i ~ 1 O ,Vnn 1 ~"';7 9 ~~ , ~ 0 1 { I ~ O ~ V N i 10'> O W ~ V Ct ~ v O v ~ . H ~ w A C ' Z ~~ C7 ~~ m~ ~O N = C m rNZ m ~, , v m D (rl ~ •. ~=C m m 'p D ~ ~ z. m ' °~Z z~-i 'zC D N ~ _U ~ O C m ~ m wr "~ • g~ 1 1 i ~~•/~ t r I 1, ti 1I 1' u • ~. _i li .v.../ ~ ~ PHONE ( 7131 471.5020 • P. O. BoX 1 1 15 • October 31, 1974 Mr. James A. Johnson, P. E. Project Manager Turner, Collie & Braden, Inc. P.O. Box 13089 Houston, Texas 77019 LA PORTS, TEXAS 77571 CERTIFIED MAIL #343988 RETURN RECEIPT REQUESTED Re: Proposal for Engineering Services Grade Separation - Spencer Highway at Southern Pacific Railroad Job No. 1677-011 Dear Mr. Johnson: We enclose herewith multiple executed copies of your Proposal and Agreement for Engineering Services for this project. The changes requested by Mr. J. F. Lynch, District Engineer, Southern Pacific Transportation Company, in his letter of October 17, 1974, to Mr. Knox Askins, our City Attorney, a copy of which letter was furnished to you, have been made on the Agreement. This was authorized by you in a letter from your Mr. T. P. Willis, P. E., Group Vice President- Chief Engineer, to the City of La Porte, dated October 22, 1974. These agreements were approved by the City Commission of the City of La Porte at its regular meeting of October 23, 1974, and are delivered to you with the understanding that any and all payments to your firm under this Agreement are to be made directly to you by Southern Pacific Transportation Company, and that the City of La Porte incurs no monetary obligation to your firm under this Agreement. Yours very truly/,. f' /~ ~)" v E. A. 'THOMAS, Mayor EAT/f h Enc 1. • cc - Mr. J. F. Lynch, District Engineer Southern Pacific Transportation Company P.O. Box 1319 Houston, Texas 77001 _,. ~ T • Mr. James A. Johnson, P. E. - 2 October 31, 1974 cc - City Commissioners City of La Porte P.O. Box 1115 La Porte, Texas 77571 Mr. A. J. Busch, Jr. Butch, Hutchison & Associates, Inc. 1107 Fleetwood Drive Baytown, Texas 77520 Mr. Knox W. Askins City Attorney City of La Porte P.O. Box 1218 La Porte, Texas 77571 • .. _... - ...,........,.»,..,..-.~..,..~.. _.~.~r•..: ~... 4~.~.,... _ .. , ._~..~.~,~,._~. -.-.gym ~:~,,,,,~«,.,~,.-„-...~._~,._....~...-..,,,..., .._ m .........._...,,.~._......~.,..., ,.....r,..~._.... .._.,... y • • TURNER, COLLIE & BRADEN, INC. CONSULTING ENGINEERS September 25, 1974 The Honorable Mayor and City Commission City of La Porte P. O. Box 1115 La Porte, Texas 77571 Re: Proposal for Engineering Services Grade Separation -Spencer Highway at Southern Pacific Railroad Job No. 1677-011 Gentlemen: In response to the discussions which have taken place between the City of La Porte and the Southern Pacific Transportation Company regarding the construction of a grade separation to elevate Spencer Highway above the tracks of the Southern Pacific Transportation Company, we are pleased to submit this Proposal for engineering services. We understand that the City of La Porte and Southern Pacific are both eager for the design and construction of this facility to proceed expeditiously as soon as an agreement is reached concerning the facility to be built and the conditions under which it is to be constructed. In order to enable us to begin work on this assignment as soon as possible, we are submitting this Proposal for your consideration and approval. An interim authorization commencing the field surveys was forwarded to you earlier. SCOPE OF SERVICES The basic engineering services to be performed under this authorization consist of providing the design phase services described in Section II. B. of the attached Agreement for Engineering Services. The facility to be designed is described in the attached Design Summary, including Drawings PC-9 and PC-10, which is the facility agreed upon and approved by both the City of La Porte and Southern Pacific during the discussions which were preliminary to the agreement to construct this facility. We under- stand that the Design Summary is included in the articles of settlement between the City of L~. Porte and the Southern Pacific Transportation Company. The special services to be performed under this authorization consist of providing the required field surveys for design and the land surveys and • r • J • The Honorable Mayor & City Commission City of La Porte C September 25, 1974 Page 2 office work required for acquisition of the right-of-way necessary to construct the proposed facility. The special services also include per- forming asoils and foundation investigation. We propose that this work be performed by McClelland Engineers, Inc. Attached please find a proposal from this firm for the investigation required on their project. BASIS OF COMPENSATION For our compensation for performing the basic engineering services described above, we propose that we be compensated in accordance with Section VI. B. of the attached Agreement. The facility described in the Design Summary is a grade crossing elimination which is Classification "A" work according to the 1972 General Engineering Services Manual of the Consulting Engineers Council of Texas and the Texas Society of Pro- fessional Engineers. For our compensation for performing the field surveys for design and land surveys described above, we propose that we be compensated on a reimbursable basis in accordance with Sections VI. D. 1, and VI. D, 9., respectively, of the attached Agreement. We pro- pose that the fee for the design phase be 85 percent of the total fee for the basic services and that payment for the services be on a monthly basis in accordance with Section VI. B, of the Agreement. We propose that until basic design services are complete and bids received, that the monthly billings be based on an estimated construction cost, including 15 percent contingencies, developed in the conceptual study, of $1, 250, 000 as shown in the "Preliminary Cost Estimates" attached to the Design Summary. Design Summary In consideration of the information developed during the investigation made for Southern Pacific to develop the attached Design Summary, we propose that $5000 of the fee paid by Southern Pacific for those services be credited toward the fee for the basic engineering services proposed herein in accordance with Section VI. A, of the Agreement. Using the basis of compensation for the basic engineering services aes- cribecl above and the current estimated construction cost including " contingencies of $1, 250,'000, yields a suggested percentage fee of 7. 35 percent. Using 85 percent of this for the basic design services yields V + • • • • The Honorable Mayor & City Commission September 25, 1974 City of La Porte Page 3 a percentage fee for this portion of the work of 7. 35% x 0.85 or 6. 248 percent. Applying this to the estimated construction cost yields a fee for the basic design services of $1, 250, 000 x 6. 248% or $78, 100. Ap- plying the credit given for the conceptual study yields a net fee for the basic design services of $73, 100. The estimated maximum charges for the field surveys for design and the land surveys is $15, 900. The estimated maximum charges for the soils and foundation investigation to be performed by McClelland Engineers, Inc. is $3500 as shown on the attached proposal. We propose that they bill you directly. SCHEDULE OF WORK Our firm is prepared to begin work on this project immediately upon your authorization to proceed. We anticipate having the plans and specifications ready for your review within 180 days after your authorization to proceed. • Within 30 days after receipt of your comments on our design, we will deliver the final design drawings, technical specifications and contract documents. ACCEPTANCE AND AUTHORIZATION Your authorization of our services for this assignment should be made in accordance with Section III, of the attached Agreement. This Proposal is written to include those items of information specified in Section III. If the scope of services, basis of compensation and schedule of work are satisfac- tory, we will consider your acceptance in the space provided below, as well as the attachment of the action of the City Commission under which the assignment was authorized as our authorization to proceed. Yours very truly, TURNER, COLLIE & BRADEN, INC. ~. .• i~~If '~ L~~ T. ~'. Willis, P. E. TPW:JAJ:jal Group Vice President-Chief Engineer Attachment s ACCEPTED: CITY OF LA PORT By: ~~.% City Commission Motion: Date: ~G~!,~~-[~~CGEJ ~~ /lf'7sG Dated: ~~~or~ ~~ ~lr'7,~~ s , ~~ . • ''AGREEMENT FOR ENGINEERING SERVICES MADE AND ENTERED INTO by and between the CITY OF LA PORTS, TEXAS, hereinafter called the "Owner, " and TURNER, COLLIE & BRADEN, INC. , hereinafter called the "Engineer. " R F (':TT A T .~ Owner intends to construct a grade separation to elevate Spencer Highway over the tracks of the Southern Pacific Transportation Company. Such improve- ments are hereinafter referred to as the "Project. " CONTRACTUAL UNDERTAKINGS SECTION I EMPLOYMENT OF ENGINEER • The Owner agrees to employ the Engineer and the Engineer agrees to per- . form professional engineering services in connection with the Project as stated in the Sections to follow, and for having rendered such services, the Owner agrees to pay to the Engineer compensation as stated in the Sections to follow. SECTION II CHARACTER AND EXTENT OF SERVICES The Engineer shall render the following professional services necessary for the development of the Project: A. Preliminary Phase 1. Attend preliminary conference with the Owner regarding the Project. 2. Perform preliminary engineering services in connection with Project in sufficient detail to indicate clearly the problems in- volved and the alternate solutions available to the Owner, to include preliminary layouts, sketches and cost estimates for the Project, and to set forth clearly the Engineer's recommenua- tions. If called for by the scope of the assign~.nent, prepare d . preliminary engineering report. The Design Summary and ac- companying drawings issued at the conclusion of the conceptual study will constitute the preliminary engineering report. -1- ` __ :, • • B. Design Phase 1. Establish the scope, and advise the Owner, of any soil and founda- tion investigations or any special surveys or special testing which, in the opinion of the Engineer, may be required for the proper execution of the Project; and arrange with the Owner for the conduct of such investigations and tests. (The performance of these investi- gations and tests is not a part of the Engineer's basic services, and compensation therefor is not included in the Basic Charge; it may be performed by the Engineer, by agreement with the Owner, in which case compensation shall be determined by the applicable portions of Section VI D, ) 2. Furnish to the Owner, where required by the circumstances of the assignment, the engineering data necessary for applications for routine permits by local and state authorities (as distinguished from detailed applications and supporting documents for government grants-in-aid, or to meet the requirements of special programs of the federal government). 3. Perform field surveys to collect information which, in the opinion of the Engineer, is required in the design of the Project. (Not included in Basic Charge for the Design Phase. ) • 4. Prepare detailed specifications and contract drawings, in pencil on paper for construction authorized by the Owner. These designs shall in all respects combine the application of sound engineering principles with a high degree of .economy, and shall be submitted to the applicable state and federal agencies for approval. 5. Prepare detailed cost estimates and proposals of authorized con- struction, which shall include summaries of bid items and quantities which will be based, wherever practical, on the unit price system of bidding. The Engineer shall not be required to guarantee the accuracy of these estimates. 6. Furnish to the Owner all necessary copies of approved plans, specifications, notices to bidders, and proposals. All sets of plans in excess of 10 are to be paid for separately. C. Construction Phase 1. Assist the Owner in the advertisement of the Project for bids. 2. Assist the Owner in the opening and cabullt~on of bids for construction . of the Project, ar_d recommend to the Owner as to the proper action on all proposals received. 3. Assist in the preparation of formal Contract Documents for the contracts. -2- ~• ~ • 4. Make periodic visits to the site (as distinguished from the con- tinuoixs services of a resident Project Representative described in Subparagraph 6 below) to observe the progress and quality of the executed work and to determine in general if the work is pro- ceeding in accordance with the Contract Documents. In perform- ing this service, the Engineer will not be required to make ex- haus~ive or continuous on-site inspections to check the quality or quantity of the work or material; he will not be responsible for the techniques and sequences of construction or the safety pre- cautions incident thereto, and he will not be responsible or liable in any degree for the contractors' failure to perform the construc- tion work in accordance with the Contract Documents. During visits to the construction site, and on the basis of the Engineer's on-site observations as an experienced and qualified design profes- sional, he will keep the Owner informed of the extent of the progress of the work, and advise the Owner of material and substantial defects and deficiencies in the work of contractors which are discovered by the Engineer or otherwise brought to the Engineer's attention in the course of construction, and may, on behalf of the Owner, exercise whatever rights the Owner may have to disapprove work and mater- ials as failing to conform to the Contract Documents. 5. Consult and advise with the Owner; issue all instructions to the • contractor requested by the Owner; and prepare routine change orders as required. 6. If specially authorized by the Owner in writing, furnish the services _ of resident Project Representatives, and other field personnel, for continuous on-the-site observation of construction and for the performance of required construction layout surveys. (This service is not a part of the Engineer's basic services, and compensation shall be determined under Section VI D [~]). The authority and duties of such resident L,,. _..~,.... Project Representatives are limited to examining the material fur- nished and observing the work done, and to reporting their findings ~' to the Engineer. The Engineer will use the usual degree of care, and prudent judgment in the selection of competent Project Representatives, and the Engineer will use its best efforts to see that the Project Representatives are on the job to perform their required duties. It is agreed, however, that the Engineer does not underwrite, guarantee or insure the work done by the contractors, and, since it is the contractors' responsibility to perform the work in accordance with the Contract Documents, the Engineer is not responsible or liable for the contractors' failure to do so, and, so long as Engineer has exercised the usual degree of care and prudent judgment in sc~~~ting Project Representatives and has used its best efforts to • see that they are on the job to perform the work, failure by any Project Representatives or other personnel engaged in on-the-site observation to discover defects or deficiencies in the work of the -3- ~, • contractors shall never relieve the contractors for liability therefor or subject the Engineer to any liability for any such defect or deficiencies. 7. Check and approve samples, catalog data, .schedules, shop drawings, laboratory, shop and mill tests of materials and equipment and other-: data which the contractor is required to submit, only for con- formance with the design concept of the Project and compliance with the information given by the Contract Documents; and assemble written guarantees which are required by the Contract Documents. 8. Prepare monthly and final estimates for payments to contractors, and furnish to the Owner any necessary certifications as to pay- ments to contractors and suppliers. 9. Conduct, in company with the Owner, a final inspection of the Project for conformance with the design concept of the Project and compliance with the Contract Documents, and approve in writing final payment to the contractors. 10. Revise contract drawings, with the assistance of the resident Project Representative, to provide record drawings of the completed Project. The Engineer will use his best efforts and will exercise the usual • degree of care in preparing these drawings; he shall not be required to guarantee the accuracy of the record drawings. Furnish a set of prints of these record drawings to the Owner. SECTION: III AUTHORIZATION OF SERVICES No professional services of any nature shall be undertaken by the Engineer under this Agreement until he .has received written authorization from the_ Owner, in which the following elements are specified: 1. The nature of the particular assignment. 2. The scope of the services to be performed. 3. The exact basis of payment for the services to be performed (as provided in Section VI). 4. A citation of the action of the City Council under which the as sign- ment was authorized and the appropriation was made. 5. Any credit provisions to which the Owner is entitled. 6. The time allowed the Engineer for the performance of the services. -4- 4 • SECTION IV PERIOD OF SERVICE • This Agreement shall be effective upon execution by the Owner and the Engineer, and shall remain in force until terminated under the provisions hereinafter provided in Section X. SECTION V COORDINATION WITH THE OWNER The Engineer shall hold periodic conferences with the Owner, or its representatives, to the end that the Project, as perfected, shall have full benefit of the Owner's experience and knowledge of existing needs and facili- ties, and be consistent with its current policies and construction standards. To implement this coordination, the Owner shall make available to the Engineer for use in planning the Project, all existing plans, maps, field notes, statistics, computations and other data in his possession relative to existing facilities and to the Project. SECTION VI THE ENGINEER'S COMPENSATION AND LIABILITY For and in consideration of the services to be rendered by the Engineer, the Owner shall pay, azd the Engineer shall receive the compensation hereinafter • set forth, for the Preliminary, Design, and Construction Phases of the work and "Construction cost" is defined as the total cost to the Owner for the execu- tion of the work authorized at one time and handled in each separate phase of engineering services, excluding fees or other cost for engineering and legal services, the cost of land, rights-of-way, legal and administrative expenses; but including the direct cost to the Owner of all construction contracts, items of construction, including labor, materials and equipment required for the completed work (including extras) and the total value at site of project of all labor, materials and equipment purchased or furnished directly by the Owner for the Project. for Special Assignments and Services not included in these phases. All remit- tances by Owner of such compensation shall either be mailed or delivered to Engineer's office in Houston, Harris County, Texas. Where the compensation is based on a percentage of construction cost, the charge for each separate phase shall be based on the "construction cost" of all work authorized by the Owner at one time, and handled by the Engineer in accordance with this Agreement. In the event that proposals for construction of any of the work authorized in the Design Phase are received within 90 days after submission of completed Contract Drawings and specifications to the Owner by the Engineer, the charge for the corresponding services in the Design Phase and the charge for the corresponding services in the Preliminary Phase shall be adjusted to the "construction cost" as reflected by the lowest acceptable proposal, or lowest -5- bona fide bid, if no contract is awarded. Where no proposals or bona fide • bids are received, the Engineer's estimates prepared as a part of the De- sign Phase shall be the basis for final payment for these two phases. No reduction shall be made from the percentage charge on account of penalties or liquidated damages or other sums withheld from contractor's payments . A. Preliminary Phase Payment to the Engineer for services in the Preliminary Phase shall be a lump sum of $8500, payable upon submission to the Owner of the required report, sketches,, and estimates, and upon his accep- tance, which shall be within 30 days after submission. The Desi n Summary and accompanying drawings as submitted and approved at the conclusion of the conceptual study will constitute the preliminary engineering report. B. Design Phase Payment for services in the Design Phase shall be made to the Engineer in a sum equal to a percentage of the "construction cost" of the work authorized by the Owner in this Phase of the Project, as determined by multiplying the Basic Charge in percent (defined by • Enclosure A, which is attached hereto and made a part hereof) by the factor 0. 85. The classification of the construction work is Classification"A" for the purpose of applying the alternate Basic Charge and is that given in Section 3 of the current General Engineering Services Manual of the Consulting Engineers Council of Texas and the Texas Society of Professional Engineers (which Section 3 is here adopted by reference as part of this A.greement). Partial payments for services in the Design Phase shall be made monthly, based on the Engineer's estimate of the "construction cost" of the work. Payments will be made in proportion to that part of the services in the Design Phase which has been accomplished as evidenced by monthly statements submitted by the Engineer to the Owner. Each partial payment for services in the Design Phase shall be reduced by 20 percent as a credit against prior payments made to the Engineer for services in the Preliminary Phase. The maximum total amount of such credits shall be $5000. Final payment for services authorized in the Design Phase shall be due upon the completion of these services. C. Construction Phase • Payment for services in the Construction Phase shall be made to the Engineer in a sum equal to a percentage of the "construction cost" of the work authorized by the Owner in this Phase of the Project, as -6- determined by multiplying the Basic Charge in percent (defined by Enclosure A, which is attached hereto and made a part hereof) by the factor.. 0. 15. The classification of the construction work is Classification "A" for the purpose of applying the alternate Basic Charge and is that given in Section" 3 of the current General Engineering Services Manual of the Consulting Engineers Council of Texas and the Texas Society of Pro- fessional Engineers (which Section 3 is here adopted by reference as part of this Agreement). This sum will be paid in monthly installments in proportion to the construction work completed, on the basis of the Engineer's estimates prepared for monthly payments to contractors, plus the actual value of all materials and equipment purchased or furnished directly by the Owner for the Project. Upon completion of all work authorized in the Construction Phase, the Engineer will be paid the remainder of the charge for this Phase. D. Special A.ssi~nments and Services Not Included in Above Percentage Charges The charges above described in the Preliminary, Design and Construction • Phases shall provide compensation to the Engineer for all services called for under this Agreement to be performed by him, or under his direction, except the services set forth below. These excluded services and Special Assign- ments,. and the compensation to be paid by the Owner to the Engineer for their performance, as required, are as follows: Service Basis of Compensation 1. Field surveys to collect Salary cost times a multiplier of 1.85. information required for Reimbursement for direct non-labor design. (Design Phase only.) expense and subcontract expense at invoice cost plus a 10 percent service charge. 2. Studies, tests, and process Salary cost times a multiplier of 2. 2. determination to establish Reimbursement for direct non-labor basis of design for water expense plus a 10 percent service and waste treatment charge. facilities. 3. Small design assignments Salary cost times a multiplier of 2. 2. (estimated construction F~ei:nbursPment for direct non-labor • cost less than $I00, 000}. expense plus a 10 percent service charge. -7- • 4. Special investigative assign- Salary cost times a multiplier of 2. 2. menu; assistance to the Reimbursement for direct non-labor Owner in developing standards. expense plus a 10 percent service charge. 5. Prep~.ration of applications Salary cost times a multiplier of 2. 2. and supporting documents Reimbursement for direct non-labor for government grants or expense at invoice cost plus a 10 to meet the requirements of percent service charge. special programs of the federal government. Prep- aration of environmental statements and assistance to Owner in preparing for, ~ , and attending public hearings. 6. Services of a resident Project Salary cost times a multiplier of 1.85. Representative, and other Reimbursement for direct non-labor field personnel as required, expense and subcontract expense at for on-the-site observation invoice cost plus a 10 percent service of construction and for con- • t ti l charge. s ruc on ayout surveys. 7. Preparation of operating Salary cost times a multiplier of 2. 2. instructions and manuals Reimbursement for direct non-labor for facilities, and training expense at invoice cost plus a 10 of personnel and assistance percent service charge. in operation of facilities. 8. Soil and foundation investi- gations, including test borings, soil tests and analyses of test results. (a) Furnished by the Owner, or (b) By Engineer at salary cost times a multiplier of 2. 2 and reimburse- ment for direct non-labor expense and subcontract expense at invoice cost plus a 10 percent service. charge. 9. Land surveys, and estab- Salary cost times a multiplier of 2. 0. lishment of boundaries and Reimbursement for direct non-labor monuments. expense and subcontract expense at invoice cost plus a 10 percent service chap ge. • 10. Preparation of property or easement descriptions. Salary cost times a multiplier of 2.2. Reimbursement for direct non-labor expense plus a 10 percent service charge. -8- • 11. Preparation of any special Salary cost times a multiplier of 2, 2. reports required for market- Reimbursement for direct non-labor ing of bonds, expense plus a 10 percent service charge. 12. Appearances before regula- Salary cost times a multiplier of 2. 2. tort' 'agencies. Reimbursement for direct non-labor expense plus a 10 percent service charge. 13. Assistance to the Owner as an expert witness in any litigations with third parties, arising from the development or construc- tion of the Project. $300 per diem for each day, or part thereof, in which Engineer's presence is required by Owner. 14. Special investigations in- volving detailed considera- tion of operation, mainten- ance and overhead expenses; preparation of rate schedules, • earnings and expense state- ments, special feasibility studies, appraisals, valua- tions, and material audits or inventories required for certification of force account construction performed by the Owner. 15. Detailed mill, shop and/or laboratory inspection of materials or equipment. 16. Extra travel required of the Engineer and authorized by the Owner from Houston to points other than Harris County in connection with the Project. • 17. Additional copies of reports and specifications (over 10) and additional blue print cop- ies of drawings (over 10). Salary cost times a multiplier of 2. 2. Reimbursement for direct non-labor expense plus a 10 percent service charge. (a) Furnished directly by the Owner, or (b) By Engineer at salary cost times a multiplier of 2. 2 and reimbursement for direct non-labor expense and subcontract expense at invoice cost plus a 10 percent service charge. Cost of travel and living expenses plus a 10 percent service charge. Salary cost times a multiplier of 2. 0. Reimbursement for direct non-labor expense and subcontract expense at invoice cost plus a 10 percent service charge. -9- Payments to the Engineer for authorized services not in the percentage charges will be made monthly, by the Owner, upon presentation of monthly statements by the Engineer of such services. "Salary cost" is defined as the cost of salaries. of engineers, draftsmen, stenographers, surveymen, clerks, laborers, etc. , for time directly chargeable to the Project, plus social security contributions, unemployment excise and payroll taxes, employment compensa- tion insurance, :retirement benefits, medical and insurance benefits, sick leave, vacation, and holiday pay applicable thereto. For the purpose of this Agreement, the salary cost of the Engineer's Principals is established as $14. 50 per hour. Should the Owner fail to make payment to the Engineer of the sum named in any partial or final statement when payment is past due for more than thirty days, then the Owner shall pay to the Engineer, in addition to the sum shown as due by such statement, interest thereon at the rate of eight percent per annum from the date due, as provided herein, until fully paid, which shall fully liquidate any injury to the Engineer arising from such delay in payment, but the right is expressly reserved to the Engineer in event payments are not promptly made as provided herein, at any time thereafter to treat the Agree- ment as terminated by the Owner and recover compensation as provided by Section X of this Agreement. omission or breach of warranty in the preparation of designs awings, the y~esignation or selection of materials and equi rr e selection and super- ~"__~ .vision of Project Representatives er personnel, or the performance of any other services u o this Agreement, shall in no event exceed the amount o o al compensation received by the Engineer for services rendered SECTION VII REVISION TO DRAWINGS AND SPECIFICATIONS The Engineer will make, without expense to the Owner, such revisions of the preliminary drawings as may be required to meet the needs of the Owner, but after a definite plan has been approved by the Owner, if a decision is subse- quently made by the Owner which, for its proper execution, involves extra services and expenses for changes in, or addition to the drawings, specifications or other documents, or if the Engineer is put to labor or expense by delays imposed on him from causes not within his control, such as by (but not limited to) the re- advertisement of bids or by the delinquency or insolvency of contractors, the Engineer shall be compensated for such extra services and expense, which services and expense shall not be considered as covered by the percentage fee stipulated in this Agreement. Compensation for such extra services shall be at salary cost times a multiplier of 2. 2, and reimbursement for direct non-labor expense and subcontract expense at invoice cost plus a 10 percent service charge. • -10- .. • +~ SECTTON VIII • OWNERSHIP OF DOCUMENTS Original documents, plans, designs and survey notes developed in con- nection with services performed hereunder belong to, and remain the property of the Owner, in consideration of which it is mutually agreed that the Owner will use them solely in connection with the Project, save with the express con- sent of the Engineer. The Engineer may retain reproducible copies of such documents. SECTION IX ARBITRATION UNDER TEXAS GENERAL ARBITRATION ACT A. Any controversy hereafter arising between Owner and Engineer in con- nection with this Agreement and any liability or claimed liability created hereunder or incident hereto or pertaining to the enforcement of any pro- vision, condition or covenant contained herein shall be submitted to arbitration under the terms of the Texas General Arbitration Act. Either party may invoke this provision for arbitration by giving the other party notice in writing demanding that such controversy be submitted to arbitra- tion, which notice shall also contain the appointment of an arbitrator by the demanding party. The party receiving such notice of arbitration must, • within five (5) days after receiving same, mail to the demanding party a notice of appointment of a second arbitrator. Such two arbitrators shall meet forthwith and agree in writing upon a third arbitrator, and shall immediately give the parties written notice of the third arbitrator's appointment. , B. If the party upon whom the demand for arbitration is served fails to give the demanding party the required notice of the appointment of the second arbitrator within the required five days, the demanding party may apply to the court under Article 226, Revised Statutes of 1925, to appoint the second arbitrator. If the first two arbitrators fail to agree upon a third arbitrator within ten days from the date the se°cond arbitrator was appointed, either party may apply to the court, under such Article 226, for the appointment of the third arbitrator. C. The proceedings of the arbitrators, the award made by the arbitrators and the endorsement of such award shall be governed by the Texas General Arbitration Act, Articles 224 through 238-6, inclusive, Revised Statutes of 1925, as amended. D. This entire Section IX providing for arbitration shall survive the termination of this Agreement under any of its provisions, a.nd any controversy between • Owner and Engineer existing when the Agreement terminates shall continue to be subject to arbitration hereunder. -11- • '" SECTION X • TERMINATION Either party to this Agreement may terminate the Agreement by giving to the other thirty days' notice in writing. Upon delivery of such notice by the Owner to the Engineer, and upon expiration of the thirty-day period, the Engineer shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders or contracts are chargeable to. this Agreement. As soon as practicable after receipt of notice of termination, the Engineer shall submit a statement, showing in detail the services per- formed under this Agreement to the date of termination. The Owner shall then pay the Engineer promptly that proportion of the prescribed charges which the services actually performed under this Agreement bear to the total services called for under this Agreement, less such payments on account of the charges as have been previously made. Copies of all com- pleted or partially completed designs, plans and specifications prepared under this Agreement, shall be delivered to the Owner when and if this Agree- ment is terminated, but subject to the restrictions, as to their use, as set forth in Section VIII. SECTION XI ADDRESS OF NOTICES AND COMMUNICATIONS • All notices and communications under this A reement to be mailed r g o delivered to Engineer shall be to the following address: Turner, Collie & Braden, Inc. 3203 West Alabama P. O. Box 13089 Houston, Texas 77019 All notices and communications under this Agreement to be mailed or delivered to the Owner shall be to the following address; City of La Porte P. O. Box 1115 La Porte, Texas 77571 SECTION XII SECTION CAPTIONS Each Section under the contractual undertakings has been supplied with a caption to serve only as a guide to the contents. The caption does not control the meaning of any Section. ~r in any way ueiermine ii.~ interpretation or • application. -12- • • • • ~J ' SECTION XIII SUCCESSORS AND A.5SIGNMENTS The Owner and the Engineer each binds himself and his successors, executors, administrators and assigns to the other party of this Agreement and to the succes- sors, executors, administrators and assigns of such other party, in respect to all covenants of this Agreement. Except as above, neither the Owner nor the Engineer shall assign, sublet or transfer his interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party thereto. EXECUTED in 12 counterparts (each of which is an original) on behalf of Engineer by its President or Vice President shown below, and on behalf of Owner by its ~ ~ (thereunto duly authorized) this~~ day of ~~ „~ 1974. Attest: CITY OF LA PORTE 0 Margie oven, City Clerk Attest: ~~~ ~~ nd ay J. Crawford, Jr. , P E. G o p Vice President-Administration E. A. Thomas, Mayor TURNER, COLLIE & BRADEN, INC. ..~ ~`~-~ T. P. Willis, P. E. Group Vice President-Chief Engineer -13- • • i CERTIFICATE OF COUNSEL Pursuant to the terms of Article 224, Revised Statutes of 1925, we hereby certify that the Provision in the foregoing contract for arbitration of controversies was concluded upon the advice of counsel to both parties. Counsel for Owner ~1~ '~ •-_____ /, Liu tt ~1., (_ '. Counsel for Engineer -14- a w O ~ .ti ~ J U Z W O N ~ v, C> a~ K y C ~? ~ w O F.,i w ^C y ~D G~ O C C G " W a+ cry y an p `~ Q a ~ -~ a~ o' ~ L Cp O q" bD ~ C.. U ~ ~ ^C7 ro ~ ~ a- ~ ~' i d> i-. y ~ ~ O ~ ~ C O .~ ~ • ~ C G v ?; • W C j ~J L O i O .~ •~ w e =° ~ ro L p .c7 C. ~' • w `~ .L~ O ~ ~ j _ A ~ ..y O ` ~' ~ 3 ~ ' -~ 'n ~ •U .. O ~ O _D C/) (/~ ~ aA rn _ /~ X •C c 5+ C: :i . ~ O w.. C O 5~D V ~n ~ ~ CJ c~ W ~ an L ~ ir'. ~ 'J , ~ .+ L . U C; ~ U ~ ~~ = ro ~. O rl ' L •~ ~ ~+ C y U ..~ O O ~ ~,. •C A •~ ~s i ,"C ~ v n ~ J L ~ U% U . .. .:J ~ -o ~ ~ ~ o ~ ~ ~ C a~ Q ~ ~ L L C: !] .~ ~ ~ ~ ~ •~ ~ ~ y ~ ~ C ~ C w ~ ~ ~ O O s J •~ ~ w O ~ ~ • j ^ ~i ~ LI -~ ~ ~ . ~ ~ ~ U L ~ z • ~~~~ ~ m ° U Q' m J U J: 0 .. N N J J 0 0 4. N Z O J .~ N O H N O U Z 7 U n ~•" ~ ~ ~ Z O V 1N3~213d-3J2it/H~ ~ISbB • Mc~leliand engineers, inc. / geotechnicat consultants 6100 Hillcroft, Houston, Texas 77036, Tef 713/772-3701, Telex 762-447 September 1$, 1974 P174-310 Turner, Collie & Brad$n, Inc. P. 0. Box 13089 Tiouaton, Texas 77019 Attention: Mr. G. L. Cubbissson 2~.,anager Structural Department Soil and Eound~ition Inve~sti~ation _Grada Separ€~tion .~ S~ncar kit?;hs~a~var S.R.R.R. Track l,a Farte~ 'Texas Gentlemen: In response to Mr. G. L. CubbiEOn's request on September 11, 1974, we are pleased to submit this proposal for conduetina a soil and foundation • invest3.gation for the subject project, The purposes of this study are (a) to determine soil conditions at the site, (b) to deve~.op re.commendationa for design and construction a:~ xoundstions for bents and abutiaents of the proposed bridne, (c) to provide recorrnendations for design of the approach emhankzaents, and (d} to investigate one or two po.*.ential sources of borrow material for the em'~ankmgntf~. A sketch of the proposed grade separation ie shown on the attatched I~.nclosure Na. 1. We propose to drill five urdisturhed-sample borinae et thin a~.te located as shown on Enclosure I~To. 1. b'orins~E 1 and 3 will be drilled Co 30-ft depth, Boring 2 will be carried to 50-ft depth, and ?3orinas 4 and 5 will be ten~inated at 25-ft depth. In additioa, tae f±sve allowed for as many as eight shallow aut;ar borinns (LO to 15 ft deep) to investigate borrow sources. A truck-~±ounted dtil3inQ ri.g, a roster trucl~ and a three-man crew will be furni:~)ied to accomplish the field work. tlndif3turbed samples of foundation soils will be taken continuously to la-ft depth in each boring and at naxirnum death i.ntPrvs.ls of 5 ft thereafter. A 3-in. thin-walled tube r~amnier will be used to sample cohesive sails in general accordance with ASTM D 1587-67; granular soils encountered will be srtmpled with a 2-in. split-barrel sampler in accordance with provisions of AST.M D 1586-67. Sas~plea will be removed from the semoling devices in the field and will ba examined and classified by a soil technician. Representative portions of all samples obtPined will be preserved suitably for tra;,sn~~rtation to our laboratory. Observations will be made in the compl~.::d borehol_ to estimate the level of groundwater. • • 2 In our laboratory a testin$ program will be undertaken to determine pertinent physical pxapextiea of the foundation soil~c; the numbers and Cypeg o£' tests cannot be ascertained until soil conditions are known. Foilowin$comgletion o€ the laboratory testin$ program, we will bc$in our analyses related to design of foundations and other asgects of this study. All field and laboratory data will be included in a brief engineering report that will be prepared to give our rECO~uendations and conclusions. Our char~zes for en$ineerin$ and report services will be in accordance with enclosed Schedule 111-40 {June '?4); this schedule also fives general terms and conditions pertinent to our services. We wish to call yaux attention to the limitation of our professional liability provided by Parng;raph 2.6 of Schedule 11I-4G and to the provision to remove thus limitation if you prefer. Laboratory soil tests will be performed in accordance with Schedule 111-42~ (June '74) a.nd field services will be provided in accordance with Schedule 111-43.i (June '74). We estimate that combined field, laboratory and engineering charges will be in the order of $3GOU to $3SGG. We feel that wa can begin the field investigation within about ttoo weeks Pram the time of your auttaoriration; afield time of about three to four days will be required to accomplish the boring program. The • laboratory testin$ will be stt~.rted as assn ae practicable After ca~pletion of the fl.eid pork and should require approrjxnately two to three weeks to complQte. As soon as latoratory reault® become available, we can begin our analysis af. data and can submit interiM information an any aspect of the study; our final roT~ort on the project c~Ti11 require two to three months after casnpletiQn of the laboratory phase. We appreciates the opportunity eo submit this proposal. Please call us if you have any questions. 'Very truly yours, JWJ/trn Encle. I~cCLELLA.til) L~NGIt~EERS, I1~3C. John W. John ton, P.E. Project k~.anager [1 • r • • W .J Z W i n- E N G I N E E R S J d ~ 9 o -~ ~ ~ ~ ~( lJ" D d ~ ~" Gi. uc vti ~ ~ _ ZZ L .~ ~ ~ ~d ~ , d .n ~ o ,n ~ ~~ c ~~ ~ p ~ ~ +O 0 p ~~- i ~< J .? .~ d ~ ~ C~ Et~CIoSuRE 10.9 r~ ~licGL~LL~S~D ~~'~~I~:.~~5, II`~G., f~~€~g~:ra~nic~! ~~n ~!~lte.~n~S Schedule Ili-40, June '74 STF~NDARD FEES ~'?('JD GENT=RAL COf~!DITfOi~!S FOR ENGINEERING AIJi~ TECf-INIC;~L. SERVICES Professioc~rai Services anti F=eea 1.1. Engineering analysis, consuitatir~n rss~d rel~r,?rt prs•eparatiar~. Eees for otar professional services are based an the tir~ie of professir~r7_~I, tt:chnicai and clerical personnr~l directly charged to the project. The fee is computed as 2.33 times salary Cnst fcr the charpeab'~ time. Salary cost includes base payroll plus 28 percent for employee benefits, p~=yrall taxes, and payroll insurance. A schedule of hourly rates for engineering and technical personnel by classification is available upon request. 1.2. i~eimbursat~'e cxpense.~. Expenses ether than salary costs that are directly attributable to performance of our professional services are bili~;d as foila4,~s: a} for report reproduction by our graphics department, charges ea,uivalent to commercial rates for similar commercial services; schedule available on request b~ for transportation in our company automobiles, X0.20 per mile c) for all other expenses, including but not limited to computer use, authorized travel, sample shipment, subcontracts, consulting fees, long distanr:e communications, outside reproduction, and mailing expense, cost plus 10 portent. • • 2. General Conciitiorrs 2.1. EnE~oiccs. Irn•~oices ~^~ill be submitted once a month for services performed during the prior month. Payment will bra due v~,~ithin 30 days after receipt of invoice. 2.2. R}3r;ords. All parlin2nt recorc~fs rt?,:~ttiC? to ser~,jices performed hereunder shall be retained for two years after completion of the ~~or`r,. The Cii-:-nt shall i-~ave access to tl,e r~>cards at all reasonable times during said period for audit l~}urp;,sti~s. 2.8. Sar~pt~as. Aft samples of scii and rr~r`i-; dvii# >`w di;curdad 0~:? days after submission of our report urile ss the Client adVIStS US Jh~`r'i~`tiSe. i,!r";C;n r')!.i>'St, 4^.'c; :`:iii dei`'er ti1:: SamplE=s in accordance with Cllent'S instructions, ctrargas colie;ct, or ~°,~i;i s:r7re thar,~r for an a ;reed ch<rge. 2.4. ~trght-csf-entry. Unless otherwise agreed. Clir:nf .~~ill furnish right-of-entry on the land for us to make the planned borings, s~_rruey", and explorations. V~`e will ta„e reasontxble precautions to minimize damage to the land cause) by o~!r eq!,ipmvnt, b~_?t ~-~}e hay:~~~ not included in our #ee the cast of restoration or damage evhich may result from our operations. If Clie3nt desires us to restore the land to its former condifiion, we will accomplish this and add tl~e cast to cur fee. 2.5. Insurance grid fnt4emni±y. VVe va-±!! carry the follo~°ring liability insurance: Workmen's Compensation and Employers' Liability, Corr;prehensive General Uat~i!ity, and Comprehensive Automobile Liability, and we will furnish certificates of insurance nn request. Within the limits and exclusions of such insurance, we agree to indemnify and s_~ve Client iia.rmiess from all losses, claims, demands, causes of action, and suits arising out of our willful cr negligent acts or these of our ofi'icers, agents, employees, subcontractors, or subcontractor's employees, in p~:;rfarrning at the v/orksite the services undertaken hereunder, in furnishing and using equipment and materials at the ~.frori<site, o~ :r~'ravelling to and from the worlsite. If Client's contract or purchase order plaaa greater rosponr'~' qty upon us r,r requires further insurance coverage, we, if specifically directed by ~ .!lent, will take out addiiional ins! rrance (if procurable) at Client's expense. it is understood that we do not indemnify Client far damage arisir7g out of Client's use of our data, advice, recommendations anti reports. it is expressly understood that our indemnity commitments under this contract shall not exceed the amour-rt and extent of coverage of our insurance. • Schedule ill-40, June '74 • 2. General Gonditions (GOntinucd) 2.6. t~`arranty and Limstatic~n cf Liability. a) The only v.~arranty or guarantee made by McClelland Engineers, Inc. in connection with its services performed hereunder is that we will use that degree of care and skill ordinarily exercised under similar conditions by reputable members of our profession practicing in the same or similar locality. Pao other warranty, express or imp(i~~d, is made or intended by our proposal for consulting sen~ices or by our furnishing oral or written reports of the findings made. b) For any damage on account of any error, omission or other professional negligence, our liability will be limited to a sum not to exceed $50,000 or our fee, whichever is greater. In the event that Client does not v/ish to limit our professional liability to this surn, we agree to waive this limitation upon receiving Client's 4vritte~ ~ request, and Client agrees to pay an additional consideration of 4 percent of our total fee or $200, whichever is greater. 3. Related Ser~~ices Additional services that are frequently required for support of our professional activities are normally provided by one of the technical divisions of McClelland Engineers, Inc. Applicable charges are given in one or more of the follovring schedules: 111-42 Laboratory Soil Testing Fees 1 i 1-43 Field Charges for Foundation Investigations 111-44 Rates for Construction Inspection and Consuitarion . ~ i IIAcCLELIAND ENGINEERS, INC., Geotechnical Consultants Schedule 111-42a (June 74) LABORATORY SOIL TESTING FEES HOUSTON LABORATORY Item Unit No. Price Strength and Compressibility Tests (T) Unconfined compression,,,,, $ 12.00 (2) Triaxial compression (a) unconsolidated-undrained (Q), per specimen . 17,00 (b) unconsolidated-undrained (Q), multiple-stage, with Mohr's diagram. 40.00 (c) consolidated-undrained (Qc), per specimen, 55.00 (d) consolidated-undrained (Qc), multiple-stage, with Mohr's diagram . . . . . . . . . . 100.00 (3) Stress-strain curve, to accompany ltems (1) or (2), per stage 13.00 (4)~ Mohr's diagram to accompany Items (2a) or (2c) . 6.00 (5) Miniature vane shear 6.00 (b) Consolidation, not including specific gravity test . .100.00 (7) Swe I I i ng test . 45.00 (8) Preparation of remolded or compacted specimen (for Items 1, 2, 5, 6 or 7) (a) remolded 6.00 (b) compacted 12.00 Note: (Items 1, 2, 6 and 7 include determination of natural water content and density, ) Id i ent fication Tests (9) Hand penetrometer or torvane test . 1.00 (10) Water content and visual classification ~ 2.00 ~ (11) Visual classification only,,,, ~ 1.00 (12) Plastic and liquid limits . 17,00 (13) Mechanical analysis (a) hydrometer tests, including sieve . 55,00 (b) sieve analysis, through No. 200 screen. 17.00 (c) percent passing No. 200 sieve 9.00 (14) Organic content . . ~. 6.00 Earthwork and Base Material Tests (15) Optimum moisture, ,-, ~ ~ 75.00 (16) California Bearing Ratio (CBR), per specimen . 65.00 (17) Sample preparation: base material binder, or lime-soil mixture . 15.00 Other Physical Tests (18) Density of undisturbed sample . 7, 00 (19) Maximum and minimum densities 50.00 (20) Specific gravity . ~ 28.00 (21) Unit prices for other common tests available on request. Special tests performed on hourly. . • basis at 2.9 times salary cost as defined on Schedule 11 1-40, Remarks: ~ ~ • McCLELLAND ENGINEERS, INC., Geotechnical Consultants Schedule 111-43.1 (June 74) FIELD CHARGES FOR FOUNDATION INVESTIGATIONS 1,0, Transportation of crew and equipment l , 1 , Truck mounted rig, water truck, and 3-man crew 1.2. Marsh buggy rig, water buggy, and crew 1.21. Trucking and permit charges for equipment transportation . , 1,22. Three-man crew, and pickup truck . 2.0. Drilling and sampling 2, 1, Soil borings, with 3-in, thin-walled tube sampler in clay and 2-in. split-barrel sampler in sand, 0 to 100-ft depth 2.11, Intermittent samples (5-ft intervals) . 2.12. Continuous samples (2-ft intervals) 2.2. Wash borings, nominal 4-in, dia,, 0 to 100 ft , , 2,3. Undisturbed sample in wash boring , 2,4. Machine auger boring, with disturbed samples, 0 to 20 ft 2, 5. Rock coring, NX 2.51, Setting casing through overburden, as required 2.52. Continuous coring, 0 to 100-ft depth . 2.53. Replacement of coring bits and casing consumed or lost while drilling . 3.0. Other charges 3. 1 . Per diem expense allowance for exploration crews (This charge is waived on assignments within 100 m i I es of base point) , ~ , 3.2. Standby of crew and equipment, including moving time in excess of one-half hour per boring . 3.3. Rental of tractors or other equipment as required to gain access, and surveying required to establish boring locations and elevations . 3.4. Marsh buggy operations 3.41 , Surcharge for use of marsh buggy dri I I rig and water buggy 3,42. Installation and rental of Terra tires, if required , Notes: 1) Rates presented here are typical minimum charges. For work of unusual scope or work performed under unusually difficult conditions, appropriate adjustments of these rates will be negotiated in advance. 2) Prices will be furnished on request for items not covered above. 3) For general terms and conditions applicable to all services, and for fees related to professional services, see: Schedule 111-40, Standard Fees and General Conditions for Engineering and Technical Services Schedule 111-42, Laboratory Soil Testing Fees $1.25/mi Cost + 10 $1.00/mi $5.75/ft 58.25/ft $3.25/ft $12.50/ea 54.50/ft $3.25/ft $15.00/ft Cost + 10% $15.00/man-day $50.00/hr Cost + 10% $120.00/day Cost + 10% y f ~ D1•;S7C~1~SUi%'~?~11;Y • ` Spencer Higlic.'ay Grade Scl~~aration Ovcr Southern Pacific 1'ransportatiorz Cor~~pany Railroad Track Job Ire. Jb77--O 1G JuJ.y 24, 1974 ., 1. Name of Project. Spencer Highway Grade Separation at S.P,R.R. Track. 2. _Location of Pro-iect. On Spencer llighcaay at its crossing caith the Southern iPacific Transportation Company railroad track on the west edge of the ~~ City of La Porte, Texas . 3.General Description. The project consist of, (a) an overpass carrying Spencer High~•.ay over the railroad track on existing roadway centerline with earth embankment approaches, (b} looped service roads on each side of. the main roadway providing access to abutting properties and to carry traffic duping overpass and embanlr~ent construction (c) drainage facilities, and (d} relocation of utilities. Additional right-of-;aay of approximately 1C~0 foot maximum width ;",ill be required partially on each side of the existing highway right-of-way. The length of- the praject, including pavement transitions to the existing roadc,~ays at each end is approximately 2200 feet, 4. Design Criteria • a. Design Speed. 40 M.P.H. . b.•~ Overpass Desi n Standard. American Association of State Highway Officials (AASl10) Standard Specifications for Highway Bridges, eleventh edition, 1973. _ c. Overpass Design Live Load. AASHO H2O-44 d. Geometric Desi_Rn Standard. AASHO Policy on Geometric Design for Rural ~- Highways, ei_glzth printing, 1972 and the current Operations and Procedures °~~ Manual, Highway Design Division, Texas Highway Department. i t e. Vertical Clearance, Minimum vertical clearance from top of railroad- rail to bottom of overpass beams ?.2 feet 6 inches. • f. Storm Drainage. 5-year frequency design conforming to BarrisCounty Flood Control requirements for undeveloped areas c•~est of the railroad track,-and for intermediate developed areas of railroad. track. S. General Features ~ ' • a. 33oad~TaSS, Dual 22-foot width concrete pavement for through traffic with naxi.mum grade of 6 percent. Service roads of 12-foot width on each side of main lanes. The service roads will cross over the railroad track during construction of the overpass and overpass embankments and the crossings will be removed upon cornpl_etion of the main roadways. b. Overpass. Prestressed concrete beams with Cast--'in-place concrete deck supported on drilled shafts and underrean,ed footings, unless determined othercaise in soils investigation. Tentative design features are: overpass width. 51 feet; 3 spans 72'-40'-72'-154 feet; and Type "C" prestressed concrete beams. ° • Page 1 of 2 c. Embaril:ment. Fiaximum hei. ht a ro.-.i.r~~<it ~ - • g PP ~ ely 28.5 feet. Slopes vary from 1 vertical on 3 horizontal to 1 vertical on ?_ horizontal and are surfaced frith asphalt mulch seeding, block sodding and concrete slope • paving. as indicated on Dracaing PC-,9, ~- d. Storm Drainane. Outlets of area drainage will not be altered, ~. existing raad;aay ditches will be filled and drainage will be carried in neca open ditches. One reinforced concrete box culvert will be extended.. . e. Transmission Towers. Two Houston Lighting and Power Company (HL&P) transmission towers are located within the nec•~ right-of-way and one tower is located in the embankment slope. Heightening or possible relocation of one. or both towers and extent of raising lines crossing the new elevated roado:a}= caill be determined by IiL&P. From. limited investigation, no probleri is apparent with FAA requirements on clearance ' for the La Porte airport. f. Underground Pipe Lines. Overpass bents Have been located to miss the pipe lines as determined from recent pavement widening plan for Spencer >:Iighway as prepared by the Harris County Engineer Offce~Bents will be shifted if necessary, after field surveys are completed. Pipe line encasements k=ill be extended as required. g. Preliminary Drawings. (1) Plan and Profi?_e Drawings. No. PC-9 - ' (2) Sections, Drawing No. PC-10 • 6. Criteria For Layout and Cost Estimate From Client a. Dual 22-foot roadways without median on existing roadcaay centerline. • b. Frontage roads, each side, 12-foot width. c. Additional right-of-way required each-side of roadway. d. Bridge Gridth S1 feet with no median. ' •. e. Expenses not incJ_uded in cost estimate: . .~ (1) Extension of pipe .line encasements. (2) Relocation of Southwestern dell's buried cable and pole lines. (3) Relocation of HL&P distribution lines. .(4) Relocation of gas line. , - (S) Relocation of caater hive. • _ ~ o ~_ _. • Pagel of 2 v . ,, { ~ .• ~ • • .~ ~ sa ' U - ~ ~ 1J Vi O 00000 O 00 O Oc/l vl .•O uy N V OOO CC~I O 00 O ON vl O v` O O O Q\ N n N~ to O M u'1 O v 1 v ^ ^ ^ ^ ^ ^ ^ .. ^ ^ ti~ aL c!1 ~' N .-~ e0 ~ ^ O rl ro M ~ l0 t\ M r-a N c/1 ~ ~i' N o0 O .L: u ~ N N ••-1 r1 r-1 ,-~ N ~. ~ ~ _ e^1 ri ~ ~- t/)- .t1 . . N O a O O O u1 O O • M r1 C`"1 r-1 r{ U° eV U u 0 0 x 00000 0 00 0 0 0 0 0 0 0 0 0 0 O O O M M ~ 0 0 0 u1~'001~0 O N~ ~ t~ ~• ~ N N M 00 u') e ~ <n- 0 0 O O O O •~ol c'') r-t rl tn- tn• N- vV °U °U 00 0 0 0 00 0 0 0 O Ul N O cV O r` O M M r-~ ul c!'1 ~ r4 O N M I r--i r-+ cn~ - u~• N M n, V} x U ~II 7a H 7a pq b 1•+ O ~ ~ O •~ , ~ V] ~ Rai W O H •~ ~ iJ ~'r ~ td H 7.+a ~ t~ O >~ O A.. O •-~ N fir, V Q n O O cd O H ~ t~ rn ~+ v: m O t` r-+ W L U N 1-1 rl • ^ ~ + !•+ Cd rl ~ ~-. '>' C.7 J-~ N U < O ~ :~ i 2 r ~-I - <s a ~ r-+ -- ~ cn .a ti o .goo v ~' OD N ~'] 1--H •~ SJ W ~ H S•+ ~ N R+ sa u 7; N •~ }.~ U 4a ~ t7 •~ H. O U v a N O • r 0 .o • N u'1 tn• ~~ 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O O O O O O O 0 0 0 0 0 O O O N O O O O O O 00 ~- ~• co fn ~ M o N o O 0 ~n ^ ~r1 ., c`'1 ~O ri ~• .i' 00 ~ Gl M r-1 7~ ~O l0 N ~ ~ ~ N r-d O N M r-1 r-~ ~ O. O O • oleo - •. MOIOD . rh v>• cn- CJ CJ °U ~~~ O O O O O U Cn O ' O O O O O w O ~ r-1 M rl ~ rl c`'1 ~y ~• O O O N ~'1 M • O O r-1 . ~- cn- ' cn ^ ^ ^ ~ cn cn O O cn cn ~00N~O - a co r+ ' f-i a a >a a a s a fn ~ ~ o O a m a `~ ~ ~ i ~ co co • ~ 'u aJ n) N ~ ~ U t/J td U o ro ~ ° • KS ~ U o ~ o ~ ~ G~' ~ ~ ~ +-, +~ a cU c7 cn cn cn ~ V ai u b ~ ~ N a ~ i' ~ ' ° ~ ° ao ~ A o o i ro ^ ~ , , rn rn ' H ~ ro rz7 •rl ? r-f v +., d G v) C C ) P-f a N ro nr a ~o ~ 7-f a s cd .C c: ro ~ ^ o ~, .u ~ u ;~ o ~ o o •~+ •~ o . . w ~ a .u as v as .u .n f in ~s a ~ ro Ti ~ C '-+ Q; ~ U J- ~ {; •r-1 ,n N ^c1 ro N vY ~ !ll cd O ~ . ^ ~ m v w ra :1 p. v ~~ us c: ~;o c: ~ ,., >•+ •~~ ~ us v a sa s+ Y+ fi s+ o u r: o c~ cd N o M ~, H tJ v . u u ~v ro c7 •-i oo ro ~ o c c~ ao t: ~d ~ ~ .a a 7a .L: va u G G :~ [; v] L: O O Cd N f: ••-1 r--1 '~ •r1 1J 7: O •rl y cU C: 1 • •.a 'r •[~ ~ • U E+ ~ ~ ~ N U U (~ bq N • "U ••-1 ?+ cd •.~ N l+ T1 N r- }f aJ N 4a ~ U •f+ .~ H + C 7 ~ f-- ?~ C: ~ ~ v a] cJ U t~ ••~ C~ ~~ N [LI O •.-I u R1 u d tp ~ . cU . .C: ,f: cU id •• 1 N Qf ~ }~ •.-1 cd u ~~ N ~ F+ vl O G N ~• C; U U , .: S+ 1~+ (n 'C7 O ~1+ U •rf ~ E: [,' r~ 11 iJ •rl AJ •rl ! rl F~ n7 c: G o 't1 ai u s ~ n, ••~ o .--f s.+ •. ~ •~+ ~ .r: u q +-~ [ 1J w ,!, •.-f •~~ (i of 41 (: O 2f N t i '[1 .-+ •.-~ O u 00 a~ (:1) N n C: u cs O ~+ c) L' (: t t N u c ~ 1 r` w r• ~ r~. c i c i C~ -) W fn ~} t-f c~ ; N r•: a~ a~ ;~ v~ m a 1 r O •~ ~-+ . n c F )~ `J E? .. _ . c> > t-f r.: is i 1 + 4r ~ ~L 7 r C•• r r'+ l-f r+l -, c71 "~~ r-~, rr) ni ~..'i .~-f ] _ ! L ~Ir,,,./ ®~lIJ N~I~ V/ 1~ ii li I~iiT,.t~~/ ~ fY ~~ 913 Franklin Ave., P. O. Box 1319, Houston, Texas 77001 Telephone (713) 222-1121 October 17 1974 J. F. LVNCN 31~7_~. DI/TIIICT [NOIN/// D4r. Knox Askins City Attorney City of La Porte P. 0. Box 1115 La Porte, Texas 77571 Re: La Porte, Texas - Proposed overpass of Spencer Road over Southern Pacific track Dear Mr. Askins: Please refer to Turner, Collie and Bradents letter of October 2, 1974 to Mayor Thomas and City Commission and their Proposal for Engineering Services dated September 25, 1974 cover- ing above project. Proposal for Engineering Services of September 25 has been reviewed and the following corrections and/or deletions should be made: 1) Second sentence in Section II, Article C, Item 6, should be changed to read: Section VI DL]b ). 2) The last paragraph of Section VI, Page 10, reading as follows should be deleted from proposal: "The Owner agrees that the Engineerts liability for the negligence, error, omission or breach of warranty in the preparation of designs and drawings, the designation or selection of materials and equipment, the selection and supervision of Project Representatives and other personnel, or the performance of any other services pursuant to this Agreement, shall in no event exceed the amount of the total compensation received by the Engineer for services rendered under this agreement." As soon as above changes have been made in agreement, we have no ob~ectlon to the City of La Porte executing same. • Svc • • • Please advise if ,we may be of further assistance to you in progressing this matter. Very truly yours, SOUTHERN PACIFIC TRANSPORTATION coazPANY 1`'t._-- J~-. F. ynch District Engineer ce: ASr; James A; Johnson Project h4anager Turner, Collie & Braden, Inc; P, o, Box 13089 Houston, Texas 77019 • ,. r j • • TURNER, COLLIE &BRADEN, INC. CONSULTING ENGINEERS October 22, 1974 The Honorable Mayor and City Commission City of La Porte P. O. Box 1115 La Porte, Texas 77571 Re: Proposal for Engineering Services Grade Separation -Spencer Highway at Southern Pacific Railroad Job No. 1677-011 Gentlemen: Reference is made to our Proposal of September 25, 1974, and the letter • of October 17, 1974, from Southern Pacific Transportation Company to your City Attorney concerning their comments on this proposal. P]eaHe he advisee} th~.l; c~ttr fi.rr7i haH no oh,jec~l oi~ }c~ the rorrrrlir~ns ~,nc}/r-r clc~1c~tlc~ne prupo-~ed ley SUUtherrc 1.'ict~1J'lcs tincl that coi•.rectlocis to t}te cu~~lriict.d can be made by strikeovers and initialed by both parties to the contract. Our firm appreciates this opportunity to be of service to the City of La Porte. Very truly yours, TURNER, COLLIE &BRADEN, INC. i~~~ r T. IP. Willis, P. E. Group Vice President-Chief Engineer TPW:JAJ:jal cc: Mr. John Lowery Southern Pacific Transportation Company •. .. ~ ~ •.'t. PR ifif Df6NT h,.~. i La Porte 9naependent School District RALPH B. PEARCE, Sup~~IM~nd~nf LA PORT E, TEXAS October 11, 1974 City of La Porte 124 South 2nd Street Ia. Porte, TX 77571 Gentlemen: ... V/CIL-PRiCiiIiDENT The Board of Trustees of the La Porte Independent School District requests the City of La Porte and/or the La Porte Bayshore Neighborhood Centers Association to remove all the poles, fixtures, fences, and backstops used for recrea- tional baseball from the high school campus (south of G Street), irrunediately after the close of the 1975 schedule. The district regrets the necessity of the request, but need for the space has developed. If any of the tax title property owned by the district would be useful for recreational purposes, the Board of Trustees will consider making it available. Sincerely, ~ ~ P~.~ Ralph B. Pearce Superintendent of Schools Itlil' : ~ c cc: La Porte Bayshore Neighborhood Center Association • • • • .. FEMCO F/LTER A/DS P O BOX 19156 HOUSTON TEXAS 77024 713 t NA 2-1520 PLANTS IN HOUSTON AND NEW ORLEANS October 15, 1974 C] City of La Porte La Porte, Texas Attention: Mayor E. A. Thomas and City Commissioners Gentlemen: The insurance rates on the Filter-Media Company plant at 201 N. 18th St. are very high because there is no fireplug nearby. Fireplugs are located at each intersection with Main Street, but do not extend west of the N. 16th St. and Main St. intersection. It is requested that a two block extension of the existing water main be laid and a fireplug be installed at the intersection of N. 18th St. and Main St. There are several other property owners nearby who would benefit from such an extension. It would also be comforting to know that a fireplug is close by if ever needed. It is also requested that fireplugs be installed along N. 19th St. at each corner whenever a water main is run to and from the Southern Pacific classification yard located North of Main St. It is also necessary that satisfactory drainage be provided around the S.P. classification yard. I would appreciate your including the above in the plans for the area. Very truly yours, FILTER-MEDIA COMPANY r~J ~~~ I~~~~ Ned V. Scott, Jr. President • NVS/pr cc: Mr. Knox Askins, P. 0. Box 1218 La Porte, Texas Mr. Larry Martin City of La Porte La Porte, Texas City Attorney • • • -. ~~ Mr. Fran G. Muller P. O. Box 9 La Porte, Texas 7571 Dear Mr. Muller: K N O X W . i1:~ tt i i'~ , , J . l~ . ATTORNEY AT LAW 122 S. BROADWAY P. O. BOX 1218 LA PO RTE, TEXAS 77571 713 471-1886 October 24, 1974 The City Commission of the City of La Porte discussed your letter of October 19, 1974, at its regular meeting of October 23, 1974, and has asked me to reply to you. First, on the matter of the zoning ordinance, it would appear • that the marina operation was a pre-existing, and therefore non- conforming use, upon the date of its annexation to the City of La Porte. It is my view as City Attorney that the City of La Porte would not have the legal power to exercise prior restraint of such an activity. It is our understanding that a United States Coast Guard permit must be obtained by the promoters in advance, before holding an event such as this on navigable waters. Since the events, if any, would have its origin on the waters, it is our view that the exercise of any police power would be up to the United States Government, acting through the Coast Guard. With multiple boats participating in such an event, it was the view of our Chief of Police that, should an attempt be made to file disturbing the peace charges in our La Porte Municipal Court, there would be great difficulty in identifying and charging the particular boat, among many, causing the noise. Therefore, it was his view that the chances for successful prosecution would be small. • Mr. Frank G. Muller La Porte, Texas • L~ i Page 2 10-24-74 I might suggest that if you desire to seek legal means of exer- cising a prior restraint on this, and future such activities, that you might consult with your own personal attorney about the possibility of a civil injunction suit, either in the State or Federal courts. Yours ry tr %, nox W. Askins City Attorney, KWA:jm cc: Hon. Mayor and City Commissioners ~~ City of La Porte P. O. Box 1115 La Porte, Texas 77571 ' uly, ~K'r/ City of La Porte • • • Mayor E. A. Thomas City Hall La Porte, Texas 77571 Dear Sirs Vista Baywood Apartments 777 R Street La Porte, Texas 775SE5 In reading the article in the Bayshore Sun we became aware of the complaints against us. Mr. Lyons had come in to tell us of his situation, and we thought it .had been thoroughly discussed. Since not hear- ing further we assumed tie matter cleared. ~~~e are most anxious to co-operate in any way we can to clear up this matter. Enclosed is a notice we have posted informing our tenants that this is private property and they are trespassing when they are on property surrounding ours. Anything further that we can do to alleviate this matter we shall be glad to do. Yo~xrs truly, Charleene S ark, Manager Vista Baywood Apartments NOTICE! NOTICE! NOTICE! NOTICE! NOTICE! TO VISTA BAYW04D TENANTS: WE ARE SURROUNDED BY PRIVATELY OWNED PROPERTY. WE HAVE FIAD MANY COMPLAINTS FROM OWNERS OF THE PRIVATELY OWNED PROPERTY OF TRESPASSERS. IF THIS CONTINUES THOSE DOING THE TRESPASSING WILL BE SUBJECT TO EVICTION. THIS INCLUDES CHILDREN OF THE TENANTS. J VISTA BAYWOOD APARTMENTS CHARLEENE STARK MANAGER • ~~ e; ~ T l ~ i. ~ , ` ,~, r ,,: . ~ ~ .,. ~ ~' >~ ~. 315 South Fourth Street La Porte, Texas 77571 October 1$, 197. La Porte City Council La Porte City Hall La Porte, Texas 7?571 Gentlemen: • ~'.~~~s+ai+e.-°.ura.,ItWYC ti~7~7lJl~iiXl~.I.(J~i La Porte Elementary School The Halloween Carnival has been scheduled for 5:00 - 9:00 PM, October 31, 1971. Your approval is requested for the use of a public ad- dress system along with the other above-normal noise which usually occurs. In addition, we would like to request the closing of Avenue "C" alongside.-of the Junior High football field. Policemen to direct traffic and patrol the grounds would be greatly appreciated. Thank you for your assistance. Sincerely yours, /" _ ~ Jdlene Wickel, Secretary La Porte Elementary PTA ~. SENATOR RON GLOWER, CH AIRMAN SENATOR LLOYD DOGGETT, VICE CHAIRMAN SENATOR BETTY ANDUJAR SENATOR BILL METER SENATOR WALTER MENGDEN • Mayor E.A. "Buck" Thomas City of La Porte P.O. Box 1115 La Porte, Texas 77571 Dear Mayor Thomas: October 8, 1974 MICHAEL R. THOMASSON CHIEF OF STAFF JAMES R. CRAIG COUNSEL On behalf of the Senate Subcommittee on Consumer Affairs I would like to thank you for taking time to come to Houston and testify on October 4th at our hearing on public utility regulation. This is a subject of great interest to all of the citizens of Texas and I believe our meeting provided a great deal of good information that can be used by the next legislature to determine what steps it must take to attempt to solve many of the problems that now exist in this area. Your participation in this hearing will make it possible for the legislature to be better informed on this issue, and perhaps more significantly, the specific recommendations you made will give guidelines to this committee as it considers submitting legislation in January. This committee has not decided what course it will take, and it is not necessarily true that further regulation is in all respects the solution to the problem; however, we do believe that something must be done to clean up the kinds of conflicts in statutes and case law that have hampered regulation by the cities of Texas for so many years. Thank you very much for your assistance. I am sure that in the coming months you will be hearing more of the activities of this committee, and if you have any further input we would be pleased to hear from you again. ~ ^A S lower RC/bf • SUSCO~I~ITT~E Off! COIr:SU~R AFFAIRS AUSTI~f, TE)CAS 78711 C