HomeMy WebLinkAbout1984-07-18 Regular Meeting (2)
• •
• MINUTES
OF THE
REGULAR MEETING OF THE LA PORTE CITY COUNCIL
JULY 18, 1984
1. The meeting was called to order by Mayor Cline at 7:00 P.M.
Members of City Council Present: Mayor Virginia Cline,
Councilpersons B. Don Skelton, Linda Westergren, Norman
Malone, John Longley, Ed Matuszak, Kevin Graves, Deotis Gay
Members of City Council Absent: Councilperson Lindsay Pfeiffer
Members of City Staff Present: Director of Administrative
Services Bob Herrera, City Attorney Knox Askins, City Secre-
tary Cherie Black, Fire Chief Joe Sease, Assistant Fire Chief
John Dunham, Police Lieutenant Robert Hall, Director of Public
Works Jerry Hodge, Director of Community Services John Joerns,
Purchasing Agent Jackson Ray, Chief Finance Office Debbie Cole
Others Present: Kathy Hutton and daughter; Nell Lange; member
• of the La Porte Area Emergency Ambulance Corps; Larry Richardson,
HDR; Carlos Smith; Arlene Arends, Bayshore Sun-Broadcaster;
Linnea Schlobohm, Baytown Sun; 3 citizens
2. The invocation was given by Councilperson Deotis Gay.
3. Council considered approving the minutes of the regular meeting
held June 20, 1984.
Motion was made by Councilperson Skelton to approve the minutes
as presented. Second by Councilperson Malone. The motion car-
ried, 8 ayes and 0 nays.
Ayes: Councilpersons Skelton, Westergren, Malone, Longley,
Matuszak, Graves, Gay and Mayor Cline
Nays: None
4. Council considered approving the minutes of the special called
meeting held July 11, 1984.
Motion was made by Councilperson Longley to approve the minutes
as presented. Second by Councilperson Skelton. The motion
carried, 6 ayes, 0 nays, 1 abstain.
Ayes: Councilpersons Skelton, Westergren, Longley, Graves,
• Gay and Mayor Cline
Nays: None
Abstain: Councilperson Malone (was not present at July 11 meeting)
Councilperson Matuszak was away from the Council table.
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• •
Minutes, Regular Meeting, La Porte City Council
July 18, 1984, Page 2
5. Mayor Cline read a proclamation declaring July 20 as POW-MIA
Recognition Day.
6. Mayor Cline presented a plaque to Kathy Hutton, Finance
Department, for being named Employee of the Quarter, and
commended Kathy 'for her service to the City.
7. Council considered approving a contract with HDR for sanitary
landfill design and permit application.
Larry Richardson of HDR was present to answer questions.
Councilperson Skelton congratulated Mr. Richardson on his
recent promotion.
Motion was made
with HDR for sa
Second by Counc
0 nays.
•
rove the contract
t application.
Ayes: Councilpersons Skelton, Westergren, Malone, Longley,
Matuszak, Graves, Gay and Mayor Cline
Nays: None
8. Council considered hiring the firm of Lloyd, Gosselink and
Ryan to represent the City for the sanitary landfill permit
application.
The City Attorney reported that this firm is expert in the
field of landfill permit applications. Such application are
highly technical, and the City Attorney feels the firm will
do an excellent job for the City.
Motion was made by Councilperson Westergren to hire the law
firm of Llo d, Gosselink and Ryan to represent the Cit for
the sanitary landfill permit application.. Second y Council-
person Malone. The motion carried, 8 ayes and 0 nays.
Ayes: Councilpersons Skelton, Westergren, Malone, Longley,
Matuszak, Graves, Gay and Mayor Cline
Nays: None
9. Council considered change of street names in Brookglen Section III.
City Attorney Askins read: ORDINANCE 1408 - AN ORDINANCE
• CHANGING THE NAMES OF CERTAIN STREETS WITHIN BROOKGLEN SUB-
DIVISION, SECTION III; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
There were no questions from Council regarding the contract.
•
• Minutes, Regular Meeting, La Porte City Council
July 18, 1984, Page 3
Motion was made by Councilperson Matuszak to adopt Ordinance
1408 as read by the City Attorney. Second by Councilperson
Westergren. The motion carried, 8 ayes and 0 nays.
Ayes: Councilpersons Skelton, Westergren, Malone, Longley,
Matuszak, Graves, Gay and Mayor Cline
Nays: None
10. Council considered accepting bids for street paving and drainage
improvements.
John Joerns presented the bid tabulations to Council. They
will be attached to the minutes. Several paving material
options for residential and commercial streets had been con-
sidered for the project. Mr. Joerns detailed each of them
for Council.
After questioning from Council regarding prices, materials,
areas to be paved, engineering fees, addition funds needed,
etc., motion was made by Councilperson Matuszak to accept
Alternate I and II. Second by Councilperson Graves.
• After further discussion and questions, Mr. Herrera asked that
before the vote was taken, that the motion include the transfer
of whatever funds are necessary from the General Fund contingency
fund.
Motion was made by Councilperson Westergren to amend the motion, &
to accept the second recommendation for $398,152.04. Second
by Councilperson Skelton. The amendment was defeated, 2 ayes,
3 nays, 3 abstain.
Ayes: Councilpersons Skelton, Westergren
Nays: Councilpersons Matuszak, Graves, ai~d.Mayor Cline
Abstain: Councilpersons M~lo.ne, Longley, Gay
The vote on the main motion was then taken; to accept Alternate
I and II for $473,760. The motion carried, 4 ayes, 3~nays,
1 abstain.
Ayes: Councilpersons Longley, Matuszak, Graves and Mayor Cline
Nays: Councilpersons Skelton, Westergren, Gay
Abstain: Councilperson Malone
11. Council considered approving a resolution for the termination
of Step I of EPA Grant, Lomax planning area.
• City Attorney Askins read: RESOLUTION 84-6 - A RESOLUTION
REQESTING TERMINATION OF STEP I EPA GRANT NO. C-481176-01-3;~
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING
AN EFFECTIVE DATE HEREOF.
I
•
•
Minutes, Regular Meeting, La Porte City Council
• July 18, 1984, Page 4
Motion was made by Councilperson Gay to adopt Resolution 84-6
as read by the City Attorney. Second by Councilperson Matuszak.
The motion carried, 8 ayes and 0 nays.
Ayes: Councilpersons Skelton, Westergren, Malone, Longley,
Matuszak, Graves, Gay and Mayor Cline
Nays: None
At this point it was pointed out by Councilperson Westergren
that the transfer of funds was not in the motion to award the
bid for street paving and drainage.
Councilperson Matuszak then made the motion to transfer funds
from the General Fund Contingenc Fund to the Public Works
Street Improvement Fund in the amount of 40,500 for the
street paving and drainage project. Second by Councilperson
Graves. The motion carried, 7 ayes and 0 nays.
Ayes: Councilpersons Skelton, Westergren, Longley, Matuszak,
Graves, Gay and Mayor Cline
Nays: None
• Councilperson Malone was away from the Council table.
12. Council considered awarding a bid for fire apparatus.
Motion was made by Councilperson Skelton to award the bid
for fire apparatus to Sutphen Corporation in the amount of
$133,561. Second by Councilperson Matuszak. The motion car-
ried, 7 ayes and 0 nays.
Ayes: Councilpersons Skelton, Westergren, Longley, Matuszak,
Graves, Gay and Mayor Cline
Nays: None
Councilperson Malone was away from the Council table.
13. Council considered approving an agreement with Harris County
for fire protection in unincorporated areas.
Motion was made by Councilperson Westergren to approve the
agreement with Harris County for fire protection in unincorporated
areas. Second by Councilperson Gay. The motion carried, 7 ayes,
0 nays.
Ayes: Councilpersons Skelton, Westergren, Longley, Matuszak,
Graves, Gay and Mayor Cline
• Nays: None
Councilperson Malone was away from the Council table.
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• Minutes, Regular Meeting, La Porte City Council
July 18, 1984, Page 5
14. Council considered a resolution for authorizing a lease-purchase
agreement funding for La Porte Area Ambulance Corps.
Mr. Herrera stated the ambulances had been authorized on June
13 and were scheduled for delivery in late July or early- to
mid-August. The total cost is estimated to be $85,000. Staff
recommends a lease-purchase agreement whereby the City of
La Porte will borrow from a bank on a promissory note with a
three year pay out and an interest rate of 8.6$. The City
will then lease the equipment to the La Porte Area Ambulance
Corps at a monthly fee of $2,600 for 36 months.
City Attorney Askins read: RESOLUTION 84-7 - A RESOLUTION
AUTHORIZING THE CITY OF LA PORTE TO BORROW THE SUM OF EIGHTY-
F1VE THOUSAND AND NO/100 DOLLARS ($85,000), FOR THE PURCHASE
OF THREE AMBULANCES, WHICH PROMISSORY NOTE SHALL BE ISSUED
UNDER THE AUTHORITY OF THE TEXAS PUBLIC PROPERTY FINANCE ACT,
AND SHALL BE SECURED BY THE FULL FAITH AND CREDIT OF THE CITY
OF LA PORTE.
Motion was made by Councilperson Westergren to adopt Resolution
84-7 as read by the City Attorney. Second by Councilperson
• Skelton. The motion carried, 8 ayes and 0 nays.
Ayes: Councilpersons Skelton, Westergren, Malone, Longley,
Matuszak, Graves, Gay and Mayor Cline
Nays: None
15. Council considered approving a contract with Carlos Smith for
engineering services for the restoration of the Carter Trust
property.
Mayor Cline inquired if anyone had received word regarding the
purchase of this property. Mr. Hodge reported they have asked
for a letter but it has not been received as yet. He had been
in telephone contact with FEMA, and was informed that under
their guidelines they are not allowed to fund any purchase of
any rights-of-way and/or property or lands.
Councilperson Matuszak inquired if we had received a request
from the Carter Trust to restore the property. .City Attorney
Askins reviewed the events leading up to the present action, and
stated it will be carried on the City of La Porte books as
"hurricane damage" in order that the City can attempt to recover
75$ of the cost from FEMA. After the figures are complete and
the bid is let, a formal settlement agreement and release will
be drawn up between the City of La Porte and the owner.
•
•
•
Minutes, Regular Meeting, La Porte City Council
July 18, 1984, Page 6
Mr. Matuszak asked if the Carter Trust had formally requested
in writing, for the City to restore the property. The City
Attorney replied that although it had not been explicitly re-
quested, there had been quite a good bit of exchange of corres-
pondence between the City and Carter Trust attorneys that could
legally be regarded as a formal request.
Councilperson Matuszak asked if the contract should have the
City of La Porte called "owner" since they are not the owners.
Mr. Askins replied that normally the contracting party or the
paying party is called the owner in contracts of this type.
Councilperson Matuszak asked why there was a difference in
engineering fees in this project and the street paving project.
It was explained that charges are done on a curve - the lower
the cost, the higher the fee.
Councilperson Skelton asked if we could get the City to where
we would not be obligated for any liability after the work is
done and the release is signed if at some time in the future
the property is sold. City Attorney Askins said that we will
get a full and final release covering every type of claim and
be binding on the owner and his asignees. The next stage of
the work will be for the City Engineer to certify to the City
and to the Carter Trust the plans and specs. At that point
we will sign a release before them.
Mayor Cline questioned whether or not a price had been set on
the purchase of the land. Mr. Hodge replied that he thougk~t
it was around $300,000.
Motion was made by Councilperson Gay to~approve the contract
with Carlos Smith for en ineering services for the restoration
of the Carter Trust property. Second by Councilperson Wester-
gren. The motion carried, 7 ayes, 0 nays and 1 abstain.
•
Ayes: Skelton, Westergren, Longley, Matuszak, Graves, Gay
and Mayor Cline
Nays: None
Abstain: Councilperson Malone
16. Council considered awarding an annual contract for street
materials.
Purchasing Agent Jackson Ray stated that the recommendations
are all low bid meeting specs, and asked for a contingency
contract to the second low bidder.
Mr. Gay inquired where the funds were budgeted, and was in-
formed they are budgeted in the streets or maintenance depart-
ments .
Minutes, Regular Meeting, La Porte City Council
July 18, 1984, Page 7
Motion was made by Councilperson Skelton to accept staff's
recommendation and award the bid for street materials to
Parker Brothers for hot mix and~.black base and to Radcliff
Material for hot mix-cold laid asphalt, and award a con-
tingency contract to Radcliff Material for hot mix and
black base should Parker be unable to perform during the
life of the contract. Second by Councilperson Graves. The
motion carried, 8 ayes and 0 nays.
Ayes: Councilpersons Skelton, Westergren, Malone, Longley,
Matuszak, Graves, Gay and Mayor Cline
Nays: None
17. Council considered a resolution appointing a chairman of the
Sesquicentennial Committee.
Mayor Cline reported that all the necessary information was
not ready to act on at this time and requested this item be
postponed.
Motion was made by Councilperson Westergren to table this item.
Second by Councilperson Malone. The motion carried, 8 ayes and
• 0 nays .
Ayes: Councilpersons Skelton, Westergren, Malone, Longley,
Matuszak, Graves, Gay and Mayor Cline
Nays: None
18. Administrative Reports
Mr. Herrera reported that the City of Paris, Texas, visited
our computer site, and that the City of Friendswood would be
here July 19. The City of Ft. Walton, Florida will visit
possibly August 15 or 16, and the City of Ft. Walton would
like their City Manager to meet with our City Manager.
19. Council Action
Westergren: Asked, in regard to the Lakeland Group, if the
City had heard anything from the Subsidence District in regard
to the pumping of water. Mr. Herrera replied that we have not
heard anything back from them. Asked if we contacted them
and asked for comments. Mr. Herrera replied he has conferred
with Jack Owen for their response.
Longley: Mayor, I would like to defer my comments to you.
Matuszak: Did we learn anything about the signal lights on
• Farrington and Spencer? Understood that the County h~d ap-
proved that light - the funding of it. Asked Mr. Herrera to
check on it.
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• •
• Minutes, Regular Meeting, La Porte City Council
July 18, 1984, Page 8
He has been named as the small cities' representative to the
Natural Resources Advisory Committee for Houston-Galveston
Area Council. Will be studying all the various effects of
pollution on our natural resources. The major sources of
pollution, as he understands it, are the ship channel and
Lake Houston. It will be an exciting committee and he will
keep Council informed on everything.
Mayor Cline: Congratulations on your appointment. Did you
get this from serving on the TXTX for us?
Gam: Is glad to be at the meeting. Would like to acknowledge
our sister city of Shoreacres who is visiting tonight. Hopes
they will come back again.
Mayor Cline: Reminded Council of the meeting of the La Porte
Area Water Authority on Thursday night.
Skelton: And, tomorrow night is the meeting of the Harris
County Mayor and Council, also.
• Mayor Cline: Announced she had an unpleasant chore to do. She
then read.a letter of resignation from John Longley, Council-
person representing District 2. Mr. Longley is moving from
this area.
The Mayor offered her regrets that Mr. Longley has tendered
his resignation and stated we hate to see Mr. Longley leave.
Longley.: Think you. I really hate to leave. The letter cannot
come close to the emotions I truly feel. It was extremely dif-
ficult for me and certainly a hard decision I had to make, and
it was not made lightly and it is~something I'll have to live
with. I do appreciate everyone.
Mayor Cline: John, you've done an excellent job and you
served on our IDB, you were here at the onset of that Board, and
seen some of the things that came and worked hard to get them.
And you have helped a great deal with the progress of the City,
and we're all going to miss you very much.
Skelton: John, I would like to echo that, also, for all the
many contributions you've made to the City of La Porte. I
thank you.
Matuszak: And I'd like to second that, also. I know we'll
all miss you. John gave us quite a bit of history here. I
• believe you're the only one in this town that's ever had a
tied election.
I
•
• Minutes, Regular Meeting, La Porte City Council
July 18, 1984, Page 9
Malone: John knows how I feel. I've enjoyed working with
you, John. I've never worked with a "landslider" before.
I've enjoyed attending meetings with you and just being up
here with you in association. Although we like you, we don't
like the person who's taking you away.
Gam: I have enjoyed, too, working with you for the number of
years we have had together. We have had some beautiful times
on Council and various other meetings, and I'm also going to
miss you.
Westergren: John, it's difficult to lose you because you have
added considerably to this group as a governing body, and I
wish it weren't true, but unfortunately, it is, and we will
sincerely miss you, and thank you for the time you've given
in this period of time.
Graves: I guess I'll have to echo it, also. I was prepared
for a roast. Since I don't, have anything nice to say--no,
really, it's been good working with you. I'll never forget
the truck ordinance.
• Mayor Cline: We do want you to come back and visit us every
chance you get, John.
20. There was no executive session.
21. There being no further business to come before the Council, the
meeting wad duly adjourned at 8:38 P.M.
Respectfully submitted:
Cherie Black
City Secretary
Passed & Approved this the
1st day of Augu t, 1984
X ~~a~~
~v
Virginia Cline, Mayor
•
•
Office of the MAYOR
•
_ ``~+ pF L A p0+~~
CITY OF y~ LA PORTE
~~.. ~~
,.f....
~ouiit~•
~= Thnoughau~ aurc na~i.an'e h.i~t~ony ocur. c.irti.zeru, who
.aenved ~.n eomba~ nod oney gave ~he,vc .P.ived 6u~ have
endured eap~,i.v.cty by a ha~vsh and cnuee enemy; and
CJ
WH~R~AS, numenoua 7exana were pn.iaanerra o~ wan an .P.i~~ed ae m.i~sa.cng
.cn ae~,%an du~u,ng ~h.e ma~,n ean~.P.i.e.~ tin wh~.ch the United Sated hab
~augh~; and
WH~R~AS, .cn. ~ue~.i,2~ing ~he.in duly as eiti.zenb, they have defended
Ameni.ca.n .cdeaQa wh.%ee under the abba.eute con~ico.e a~ the enemy; and
WH~R~AS, a,2e Amen~,eanis dhau,ed neeagnize the apeei.ae debt we awe ~o
our be.P,eow c.,i.#,i.zena, wha, ~.n the act a~ aenv.ing au~c na~,i.an, ne.P.inqu.i.ahed
~h.e,ilr. bneedam ~faa~ we m.igh~ en~ay ~h.e b.eedd~.ng o4 peace and .?.i.behty; and
WII~R~AS, ~hene are .a~c,P,e denv~,eemen and eiv.c,Zi.avu; b~,e,ee m.i,bd.cng, a~
whom 2, 490 are d~,c,P,e unaccounted ion ad a nedu,P.t ab the V~.e~n.am wan; and
WffFR~AS, Ju~ey 20, ] 984, hoe been deatigna teal ae a day ~o honor a~P,e
bonmen pni~sonelra o~ wan, and ~ha.ae d~,%Q2 m-idb.i.ng, and ~a remember ~lie.i~r.
~ami,Q,i,e~, neeat%veb anal ~jri.end,~, and a.Ze wha e~,c,P~e endure the pa.Ln and
b.c,#,te~cnee~ o ~ wan and a ~ an unFznawn ~a~e.
NOW, Tfl~R~1:OR~, I, VIRGINIA CLINE, MAYOR o~ the C.c.~y a~ La Pante,
Texas, da hereby pnaceaim Ju~ey 20, 1984, .cn accordance w.cth Cangneba.c.onae
action, a~
POW-MIA RECOGNITION UAy
.c,n. ~h.e C.cty a~ La Pa~rte, ad a day ded,i.ea~ed ~a a,P,e farmer p+ri~anen.3 a~
war, ~a ~ha~e eenv.i.eemen and eiv.c.P.ia.rus d~,c,P,e uvutceaunted far, and ~a
~he.i~r, gam.c,Q,iea, and urge a.Ze e.c~.izen~ ~o ~a.in .in hanani.ng Rhode wha made
the uncommon .aacni~~.eea o~ be.ing heed cap~,ive .in wan, and ~a honor ab we.P,e
~h.eur..eoved ane,~ wha have aeaa eu~gened va~ia.n~ey and pa~,ien~ey.
IN WITNESS WiI~R~OF, I have hereun~a ae~ my hand and eaubed ~di.e Sea,e
og the C.cty a~ La Pane ~a be a~~~.xed hene~o, the 1 Soh day o~ Ju,ey,
1984.
.cng.cnc,a ne, ayan
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CITY
(7131 471.5020
TO: BERT CLARK, COMMITTEE CHAIRMAN
FROM: NELL LANGE, SENIOR ACCOUNTANT~I~
RE: EMPLOYEE OF THE QUARTER
DATE: JUNE 8, 1984
•
LA
P. O. BoX 1 1 15
LA FORTE, TExws 77571
I am proud to submit to the board a nomination for this award. The
employee that I recommend to you has shown much initiative, as well
as handling matters in an efficient manner. Not only does this person
perform the normal tasks required for the classification, but volun-
teers to help others. She has also worked many consecutive hours of
overtime to aid in our conversion process.
This employee has spent many long hours maintaining accurate detailed
• records for federal reporting resultant of Hurricane Alicia. Without
these detailed records the City could have lost several hundred thousands
in federal aid. We have already received compliments from FEMA on her
labors. The total funds to be received from FEMA should approach $600,000.
Even when this person was in the painful process of Appendicitus, she
continued to work diligently, completing her responsibilities in Accounting
and then to the emergency room she went!
This employee is presently working on Accounts Receivable and Cash Receipts
which are two new software packages being put on the computer.
This employee has worked for the City since April 1975, working her way
up from cashier in the Customer Service Department to her present position
of Accountant I in the Finance Department. She has been going to school
at night during her eight years of employment to obtain an Associates
Degree in Accounting and plans on finishing this work in the near future.
We consider this employee a valuable asset to the Finance Department.
Please consider Kathy Hutton, an eight year employee, for the honor of
EMPLOYEE OF THE QUARTER.
Thank you for your time.
--- ~
~ 1r]
L ~~ ~ ~ Y :J `~J 'L ;~ II
k I~ U ~~
FORTE
CI I Y ~G;~t'~ OFFICE
Su,te 125
700 H~Ilcrest Roed
Ilas. TX 75230-2096
~214~ 9B0-0001
:~r~.~ ~ :-, ..•
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G• fin'Ln;•
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S~ •c:n~e=
Alexandria
Atlanta
Austin
Charlotte
Chicago
Dallas
enver
uston
inneapolis
Norfolk
Omaha
Pensacola
Phoenix
Santa Barbara
Seattle
•
•
Henningson, Durham ~. Richardson
May 16, 1984
Mr. Jerry Hodge
Director of Public Works
City of La Porte
P. 0. Box 1115
La Porte, Texas 77571
Re: Scope of Services
Sanitary Landfill Design and Permit Application
Dear Mr. Hodge:
In response to your request of May 9, 1984, HDR Techserv, Inc.
(HDR) is pleased to submit this scope of engineering services in
connection with the design and permit application preparation for
a sanitary landfill to serve the cities of La Porte and Seabrook.
The suggested Scope of Services is presented herein as Exhibit B.
The estimated cost for the service as outlined in Exhibit B is
Fifty Thousand and No/100 Dollars ($50,000.00).
It is proposed that this work be conducted under an amendment to
our existing Agreement with the City of La Porte dated September
7, 1983. As in that contract, we would suggest that compensation
be on a per diem basis. Although $50,000.00 is an estimated total
fee and not a maximum fee, HDR will not exceed the $50,000.00
total fee without written authorization from the City. _-_
The following amendments to the Agreement of September 7, 1983 are
suggested:
Exhibit A - Scope of Services shall be amended to include
the items listed in Exhibit B - Additional
Services and Tasks.
Section 3 - Time of Performance shall be amended to reflect
that HDR will prepare the draft permit
application within sixty (60) days of receipt of
all required information to be provided by
others (geotechnical firm report, aerial
photographs, topographic maps, property legal
description, etc.). The remainder of the
project schedule is controlled by the Texas
Department of Health.
May 16, 1984
Page 2
Section 4 - Com ensation shall be amended to include
50,000.00 as the estimated cost for services
outlined in Exhibit B. Compensation shall be
completed as outlined in Section 4 of the
September 7, 1983 Agreement.
We appreciate the opportunity to present this additional Scope of
Services and we look forward to our continued working relationship
with the city of La Porte.
Also, per your request, transmitted herewith are several copies of
an estimated project schedule based on HDR's experience in similar
projects. If you have any questions or comments on any of the
submitted information, please do not hesitate to contact us.
Respectfully submitted,
HDR TECHSERV, INC.
William R. Hindman, P.E.
• Assistant Vice-President
~~ ~, P~.
Larr Richardson, P.E.
Project Manager
/tcw
Enclosure
cc:~ Mr. Jack Owen, City Manager, City of La Porte
•
1~~C~1'~1~1~
S 'oZ~-g
• EXHIBIT B
ADDITIONAL SERVICES AND TASKS
•
The following Scope of Services presents those tasks which HDR anticipates will
be required in the preparation of a Texas Department of Health (TDH) landfill
permit application for the Bay Area Boulevard site in La Porte, Texas. The
result of this effort shall be a a technically complete document which shall
satisfy TDH regulatory requirements.
Task 3100 Obtain Basic Site Information
Assist in acquiring, on behalf of the City, accurate topographic and
aerial maps of the proposed landfill site. Cost of these maps shall
be borne by the City separate from this agreement. Obtain from the
City a legal description of the property and plot plan of the site
showing the boundary survey, acreage, zoning classisification(s),
date, north arrow, and all drainage features.
Task 3200 Coordinate Geotechnical Exploration and Evaluation
Coordinate with the Geotechnical Engineer in the development of the
program for the sub-surf ace investigation.
Review sub-surf ace information with Geotechnical Engineers as a basis
• for the site design.
Task 3300 Site Design and Preliminary Application Preparation
The following is a detailed description of the tasks HDR anticipates
accomplishing during permit application preparation:
General Location Map
Prepare map showing location of site on a County highway map.
Topographic Map
Prepare map showing:
a. Location of site
b. One mile radius
c. Distance to landing strips and airports
d. Access roads
Land Use Map
Prepare a map showing surrounding land use.
Aerial Photo
• Prepared by others, supplement as required.
•
Exhibit B
Page 2
a.
b.
• d.
Pr
Contour Map
Base topographic map by others, supplement as required showing
existing site topography:
a. Property boundary
b. Delineation of existing drainage areas
Sectorized Fill Layout
Prepare drawing showing:
a. Fill sequence
b. All-weather roadways
c. Location of drainage structures
Site Development Details
Prepare drawings showing details of:
All-weather roadway construction
Drainage features, culverts, ditches
Monitoring wells (water and gas)
Methane control
pical Fill Cross-Sections
epare cross-sectional drawings showing:
a. Existing grade _ ,
b. Final grade
c. Limits of excavation
Ground and Surf ace Water Protection Facilities
Develop design and show alignment and cross-section of all required
drainage facilities.
L andf i 11 Completion P 1 an
Prepare drawing showing final contours.
Legal Description
Legal description of the site furnished by City, supplement as
required.
• Soils Report
Coordinate the preparation of soil investigation report (to be
prepared by Geotechnical Engineers).
r •
Exhibit B
Page 3
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Site Operation Plan
Prepare written plan to provide guidance to site management and
operating personnel in sufficient detail to enable them to conduct
operations in a manner consistent with the landfill design.
Design Data
Develop design data as required by TDH regulations, including land
use and access issues.
Engineering Considerations
In conjunction with the site design, address all engineering
considerations as required by TDH; e.g. site life calculation, soil
balance calculation, provisions for special waste, wet weather
operations, ground and surface water protection, etc.
Task 3400 Review Application with Texas Department of Health
Submit draft permit application to the TDH.
• Meet with TDH as required to answer questions and clarify the permit
application.
Prepare required revisions to permit application and make it
satisfactory and "technically complete" to TDH.
Print sufficient copies of the "technically complete" permit
application and submit to TDH.
HDR will assist and provide engineering testimony during the TDH
public hearing. -
•
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• •
•
ORDINANCE NO. 1408
•
AN ORDINANCE CHANGING THE NAMES OF CERTAIN STREETS WITHIN
BROOKGLEN SUBDIVISION, SECTION III; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The names of the following streets within
Brookglen Subdivision, Section III, recorded in Volume 199,
Page 141, Harris County Map Records, are changed to the following
new street names, to-wit:
WEST OF SOMERTON DRIVE
Present Street Name
New Street Name
Barry Oaks Lane
Shady Tree Lane
Wood Drift Lane
EAST OF BROOKWOOD DRIVE
Present Street Name
Barry Oaks Lane
Shady Tree Lane
Wood Drift Drive
Barry Oaks Court
Shady Tree Court
Wood Drift Court
New Street Name
Hedgestone Court
Kensington Court
Huntersfield Lane
Section 2. The City Council officially finds, determines,
recites and declares that a sufficient written notice of the
• date, hour, place and subject of this meeting of the City
Council was posted at a place convenient to the public at the
City Hall of the City for the time required by law preceding
this meeting, as required by the Open Meetings Law, Article
6252-17, Texas Revised Civil Statutes Annotated; and that this
meeting has been open to the public as required by law at all
•
times during which this ordinance and the subject matter thereof
has been discussed, considered and formally acted upon. The
City Council further ratifies, approves and confirms such
written notice and the contents and posting thereof.
• •
u
Ordinance No. 1408 Page 2.
Section 3. This Ordinance shall take effect and be in
force from and after its passage and approval.
PASSED AND APPROVED this the 18th day of July, 1984.
U
CITY OF LA PORTE
By:
Vir 'n1.a Cline, Mayor
~~~
ATTEST:
City Secretary
•
APPROVED:
C.J r
City A torney
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CITY OF LA PORTS
INTEROFFICE MEMORANDUM
C~
T0: Jff Owen - City Manager DATE: July 11, 1984
FROM: J ~ Joerns - Director of Community Development
SUBJECT: B d Tabulation: City of La Porte - Street Paving and
D ainage Program
HCS~ 1711-84 CLP #84-4401
Attached is a tabulation of the bids received at the bid
opening conducted on July 10, 1984. The apparent low bidder for
four alternates of the proposal was McKey Construction and "
Equipment Inc. of La Porte.
The Engineers are currently checking all of the bids for
any irregularities. Due to the size of complexity of the
proposal, the Engineers and staff recommendation will not be
completed until next week. It is anticipated that the staff
recommendation will be to award an appropriate combustion of the
bid alternates to McKey Construction and Equipment Inc.
lb
G~
Job No. 1711-u4
BASE BID SECTION I b II
ALTERNATE BID I b SECTION II•
ALTERNATE BID II b SECTION II
ALTERNATE BID I b II b
CITY OF LA PORTE 2 Course Surface Treatment 2 Course Surface Treatment 1~ Asphaltic Concrete Paving SECTION II
STREET PAVING AND DRAINAGE 6" Crushed Limestone Base 8"•Calcium Sulfate Base 6" Crushed Limestone Base 1~ Asphaltic Concrete paving
6" Lime Stabalized Subgrade 6" Lime Stabalized Subgrade 6~~ Lime Stabalized Subgrade 8" Calcium Sulfate Base '
rnUTnerTnR .. ,~~ .. __ ..
McKey Construction $435,666, 84 $363,283..24 $448,242.40 $411,107.00
and Equipment
B, W. F. General $533,889.31 $488,891.61 $545,187,22 $501,259.62
Contractors, Inc.
C,
Ike Hall, Inc. $641,244,31 No Bid $631,719.54 No Bid
Brown b Root, Inc. $532,959.12 No Bid $557,751.42 No Bid
Hubco, Inc. $646,952,64 $590,225.64 $450,467,99 $439,892,79 ~ ,
~• ,
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RESOLUTION NO. 84-6
A RESOLUTION REQUESTING TERMINATION OF STEP I EPA GRANT NO.
C-481176-01-3; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the City of La Porte was awarded Step I EPA Grant
No. C-481176-O1-3 increase due to the consolidation of the City
of Lomax with the City of La Porte; and
WHEREAS, the City of La Porte was awarded the grant amendment
on June 3, 1981; and
WHEREAS, the grant agreement was amended on February 17,
• 1983, for the purposes of performing a sewer system evaluation
survey for the Lomax Planning Area; and
WHEREAS, the City of La Porte has completed ninety-one
percent (91$) of the grant commitments; and
WHEREAS, a draft copy of the environmental assessment
amendment and a draft copy of a facility plan amendment has been
prepared and submitted;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of La Porte:
Section 1. The City Council of the City of La Porte hereby
requests termination of the Lomax Planning Grant, being Step I,
EPA Grant No. C-481176-01-3, at its current stage of completion,
and the City Council of the City of La Porte further requests
• that the Environmental Protection Agency consider the Reimbursement
Request No. 10 to be complete and final, and, further, that all
commitments and obligations of the City of La Porte under said
EPA Grant be considered as fulfilled and completed, and that
the City of La Porte have no further obligation thereunder.
Section 2. The City Council officially finds, determines,
recites and declares that a sufficient written notice of the
• date, hour, place and subject of this meeting of the City Council
was posted at a place convenient to the public~at the City Hall
•
Resolution No. 84-6, Page 2.
of the City for the time required by law preceding this meeting,
as required by the Open Meetings Law, Article 6252-17, Texas
Revised Civil Statutes Annotated; and that this meeting has been
open to the public as required by law at all times during which
this ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the
contents and posting thereof.
• Section 3. This Resolution shall take effect and be in
force from and after its passage and approval.
PASSED AND APPROVED this the 18th day of July, 1984.
CITY OF LA PORTE
By
Vir nia Cline, Mayor
ATTEST:
City Secretary
•
APPROVED:
~~
City Attorney
•
• 4
•
~' ~
•
~~ ~
TO: CITY MANAGER FROM: DATE:.
. ., J.L. Sease .July 3, 1984
REQUEST FOR CITY COUNCIL•AGENDA ITEM 2. % Report
1. Agenda Date Requested: July 11, 1984 Resolution
~ __ Ordinance
3. Project Summary:
Discuss awarding bids for 1500 GPM fire apparatus
~. Action Required:
Council award bid to recommended bidder
5.. Alternative:
Council award bid to an alternate bidder or vender or.reject all bids
6.~ Recommendation
Award bid to Sutphen Corporation for~the amount of $133,561.00
•
7.' Exhibits:
None
8. Availability of Funds: General Fund Water/Wastewater
Capital Improvmt. General Revenue Sharing _
X Other
Account Number:
Funds Available: Yes ~/ No
~f~~___.,~ fl
Re sted By
• ~ nrr• ~I. =u ~ v~- ire ~y vvunc it Hgenaa
n A~'
Manager Date
•
•
CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
•
T0: Jack Owen
FROM: J.L. Sease
SUBJECT : Bids on 1500 GPM Fire Apparatus
•
DATE:
July 3, 1984
Bids were received and opened on June 25, 1984 from six (6) vendors. The bids
were carefully examined and a determination was made to recommend that Sutphen Corp.
be awarded the bid for the amount of $133,561.00.
Sutphen Corporation met or in many cases exceeded the bid specifications.
Four vendors submitted lower bids but were rejected for the following reasons.
r"r
PETER PIRSCH & SONS INC. $124,796.00
This bidder did not submit as required a detailed proposal as to how they would
meet our specifications. The bid was very vague as to what was being proposed.
•
S & L SEAGRAVES SALES INC. $129,135.00
This bidder did not meet specifications on the pump, cab size, lighting, tank
overflow. Also this bidder was awarded our last fire apparatus bid and defaulted
due to bankruptcy proceedings.
EMERGENCY ONE INC. $129,726.00
This bidder did not meet the specifications on cab and chassis design in numerous
ways. Proposed a fiberglass tank instead of steel as required. Tank overflow too
small.
u
PIERCE MFG. INC. $131,960.00
This bidder did not meet the specifications for pump, aluminum tread plate not
standard, tank of lighter guage than specified, tank overflow too small, generator
not as large as specified and cab not constructed of steel as specified.
y o~
•
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July 3, 1984
INTER-OFFICE MEMORANDUM
T0: Jack gwen
SUBJECT: Bids on 1500 GPM Fire Apparatus
Pg, 2
The bid specifications as submiited to the bidders were fair and all bidders
could have complied completely, had they desired to do so.
~J,Lo Sease
•
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n
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.~
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~- ?~
:TEM: Sealed Bid ~~0042
pierce American Emergency Sutphen Peter S & L
~
:500 GPM Triple•Comb. Mfg. Inc. La France One, Inc. Corporatio Pirsch ~ Seagrave
Inc.
:ustom Pumper Apparatus Claude Sons Co.
Wright
Appleton, Houston, Gala, Amlin, enosha, Austin
_ Wisc.
Tx.
Florida Ohio ,
Wisconsin Tx
.
1. 1500 GPM-Triple Combination $131,960.00 $138,898.0 $129,726.00 $133,56 1.0 $124,769.00 $129,135.
~umper Apparatus
?. Estimated Delivery Time 24$ays300 365 Days 180 Days 30$a-s365 365
in Days
3. State Terms of Warranty
a. Engine/Transmission
b. Body, Chassis & Pump
c. Booster Tank
. Bid Bond
. Miscellaneous
Bid Rejected - ....nas~
Incomplete
Bid
Bid Rejected - Alternate
Aluminum Cab
Pump
.Rejected - Substitution
Low Bid Meeting Specs.
210 - 240
'ro-Rated Pro-Rated Pro-Rated Pro-Rated Pro-Rat
d
e ro-Rated
1 Year 1 Year 1 Year 1 Year 1 Y
ear 1 Year
10 Years 1 Year 5 Year 15 Years 10 Years 1 Year
O.K. O.K. O.K. O.K. O. K. O.K.
~ o ~( ~ ~
A 3577.
for Loose
..
• •
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CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
TO : Jack Owen DATE • July 3, 1984
FROM: J.L. Sease
SUBJECT: County Contract For Fire Protection In Unincorporated Areas
•
Attached is a copy of the contract for fire protection in unincorporated areas of
the county. The area we would be designated to protect is Zone 34, our Industrial
District north of Highway 225.
This is the same contract we have had with Harris County for years. I recommend
that the City agree to it.
~~_ t~
.L. Sease
•
•
1
i 1
?~6:jaa (Agreement #Ic
THE STATE OF TEXAS §
CUUNTl' OF HARRIS §
2-29-84 •
A G R E E M E N T
14,626
THIS AGREEMENT, made and entered into•by and between HARRIS COUNTY, a body
•
W I T N E S S E T H:
WHEREAS, Harris County desires to provide fire fighting and fire protec-
corporate and politic under the laws of the State of Texas, hereinafter sometimes
called "County," acting herein by and through its County Judge duly authorized to
so act by an Order of the Harris County Commissioners Court, and the City of
La Porte a municipal corporation duly organized and existing
under the laws of the State of Texas, hereinafter sometimes called "City,"
acting herein by and through its Mayor duly authorized to so act by an Ordinance
duly passed by the City.
tion services to certain unincorporated areas of Harris County hereinafter desiy-
nated to preserve the property of the County and to preserve and protect the public
health of the citizens of the Ceunty; and
WHEREAS, 'the City is .willing to furnish fire fightir~ and fire protection
services to said unincorporated areas of Harris County for the considerations
hereinafter pravideci;
NOW,~THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That in consideration
U
I.
Durirg the term of this agreement; the City agrees to furnish fire
•"
of the mutual covenants., agreements and benefits to both parties, it is AGREID
as follows:
fighting and fire department protection services to the unincorporated areas
adjoini:~ the corporate limits of this City desi~~natec~ by zone numt7ar 34
on the official fire protection zone map of Harris County, to which reference
is here made. •
II.
Harris County agrees to pay the sum of S 5,860 to the City for
fire fighting and fire protection services to the unincorporated area of Harris
County pursuant to Paragraph I of this agreement. The County agrees said sum
J
•
is to be paid to the City within thirty (30) days after the execution of this
contract.
III.
The term of this agreement shall be one (1) year beginning January 1,
1984, and ending December 31, 1984.
IV.
~~ It is hereby agreed and understood that the fire fighting and fire pro-
tection services to be furnished by the City under this agreement shall include,
but not be limited to, the following: Answering all calls for help and assistance
in extir~uishiny fires in the area designated in Paragraph I of this agreement;
furnishing fire fighting personnel, equipment and supplies to fight all fires
within the said area; and answering all calls and furnishing fire figh`ir~ per-
• sonnel, equipment and supplies to protect persons and property within the said
area which are endangered by fires in adjacent areas; provided that the above
described personnel; equipment and supplies are not otherwise erx3aged in fire
fighting within the City.
V.
The City shall observe and comply with all Federal, State, County and
•
VII.
under
It is further agreed that in the performance of all obligations under-
City laws, rules, ordinances and regulations in any manner affecting the conduct
of the services herein provided and performance of all obligations undertaken by
this agreement.
VI. '
It is expressly understood that the County has the maximum sum of
$ 5,860 specifically allocated to fully discharge its obligations
under this agreement and 'it is.expressly understood that in no event shall the
County be obligated to pay this City more than the sum of $ 5,860
the terms and provisions of the agreement.
taken by this agreement, the City has the right to supervise, manage, control and
• direct the performance of fire fighting and fire protection services; the County
shall look to the City for results .only and the County shall have no right at any
-2-
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C~
time to direct or supervise the City or its agents or employees in the performance
of such services or as to the manner, means or method in which the services are
perfonned.
VIII.
The City will agrees to deliver to the Fire Marshal of Harris County a
certified copy of the Ordinance authorizing the City to enter this Agreement within
five (5) days after the execution of this Agreement.
IX.
The City agrees to furnish the Fire Marshal of Harris County, not later
than the fifth (5th) day of each month, a monthly report listing the total number
of runs made into the unincorporated areas of Harris County designated in paragraph
• I of this ayreernent for the previous month and such other information relating
to fire fighting and fire prevention services of the City as may be requested
by the Fire Marshal of Harris County. Said report shall be made on the form
provided by the Harris County Fire Marshal and shall be signed and certified by
an officer of the City.
Executed this day of day of
ATTEST:
Secretary
1984.
CITY OF La Porte
By -
Mayor
HARRIS OOUNTY
By
JON LINDSAY, County Judge
APPROVED AS TO FORM:
• MIKE DRISCOLL
County Attorney
Assistant County Attorney
I her~:by certify that funds are
available in the arnount of $
to pay the obligation of Harris County
under and within the foregoing contract.
•
J. F. FLACK, County Auditor
Harris County, Texas
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3
CITY COUNCIL_AGENDA_.ITEMS
T0: CITY MANAGER FROM: Robert T. Herrera DATE: 7/13/84
Jack Owen
REQUEST FOR CITY COUNCIL AGENDA ITEM
1.
• 2. Agenda Date Requested: City_Council_Meeting_- July_18,,,_1.g84
_XX~ REPORT; ,____ RESOLUTION; r____ ORDINANCE
3. PROJECT SUMMARY: City Council authorized the purchase of three
new ambulances for the La Porte Area Emergency Corporation.
Those vehicles are scheduled for arrival in late July 1984 and
early August 1984, therefore arrangements for their funding is
needed. Total monies needed is approximately $85,000.00.
Bid price on vehicles: $69,636.00
Radio equipment as per contract: 4,636.00
Debt service to retire one of the units:_10, 0 00-
TOTAL $84,875.00
4. RECOMMENDATION: Staff recommends the purchase of these units be
accomplished through a lease-purchase agreement. Two bids were
received from the area banks with First City being low bid.
Staff recommends going with First City bank to borrow the
requested funds in the form of a promissory note.
5. EXHIBITS: - Promissory Note
- Resolution No. 84-7
• 6. AVAILABILITY OF FUNDS:
7.
__.____ General Fund _~ Water/Wastewater
__ _ Capital Improvement __ General Revenue Sharing
X~ Other
ACCOUNT NUMBER: ___________,__ FUNDS AVAILABLE: _._YES yN0
REQUESTED BY:
ITY COUNCIL AGENDA
CIII`~Y MANAGER
~~
DATE
~~ A
•
•
JOHN D. ARMSTRONG, J.D.
ASSOCIATE
• ~~
KNOX W. ASKINS, J. D., P. C.
ATTORNEY AT LAW
702 W. FAIRMONT PARKWAY
P. O. BOX 1218
LA PORTE, TEXAS 77571-1218
July 18, 1984
TELEPHONE
713 471-1886
First City Bank of La Porte
P. O. Box 1457
La Porte, Texas 77571
Gentlemen:
I have examined the attached Resolution and Promissory Note of the
City of La Porte, passed and approved on July 18, 1984, pursuant to
the provision of the Texas Public Property Finance Act, Article
2368a.2, Revised Civil Statutes, and it is my opinion that such
Promissory Note is a valid and binding obligation of the City of
La Porte.
Yours very truly,
C%~/. '
Knox W. Askins '
City Attorney
City of La Porte
•
•
KWA:kr
cc: Honorable Mayor
and City Council
CITY OF LA PORTE
P. O. Box 1115
La Porte, Texas 77571
K ~-
• •
•
RESOLUTION NO. 84- 7
A RESOLUTION AUTHORIZING THE CITY OF LA PORTE TO BORROW THE SUM OF
EIGHTY-FIVE THOUSAND AND NO/100 DOLLARS ($85,000.00), FOR THE PURCHASE
OF THREE AMBULANCES, WHICH PROMISSORY NOTE SHALL BE ISSUED UNDER THE
AUTHORITY OF THE TEXAS PUBLIC PROPERTY FINANCE ACT, AND SHALL BE
SECURED BY THE FULL FAITH AND CREDIT OF THE CITY OF LA PORTE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. That the City Council of the City of La Porte deems
it necessary, useful and appropriate to one or more of its purposes
to purchase three ambulances, for a price of EIGHTY-FIVE THOUSAND
AND NO/100 DOLLARS ($85,000.00), and to finance the purchase and
• acquisition of same under the provisions of the Texas Public Property
Finance Act, Article 2368a.2, Revised Civil Statutes.
Section 2. That the Mayor be authorized to issue a Promissory
Note of the City (a true and correct copy of which is attached hereto
as Exhibit "A", incorporated by reference herein, made a part hereof
for all purposes), dated July 18, 1984, in the principal sum of
EIGHTY-FIVE THOUSAND AND NO/100 DOLLARS ($85,000.00), to bear interest
at the rate of eight and six-tenths percent (8.6$) per annum until
maturity, providing for ten percent (10$) per annum interest on
matured unpaid principal and interest from date of maturity until
paid, and ten percent (10$) attorney's fees if placed in the hands
of an attorney for collection, such note to be due and payable in 36
• monthly installments as provided therein; and that said note be sold
by the City of La Porte to First City Bank of La Porte, Texas, at
not less than par value. When such note has been duly executed by
the Mayor, and attested by the City Secretary, and delivered to said
Bank, with a certified copy of this Resolution, such indebtedness
thereby evidenced shall be fully binding upon the City; and
• BE IT FURTHER RESOLVED that .the City of La Porte hereby appro-
priates and sets aside sufficient sums to amortize the principal and
interest on said Promissory Note, as the same becomes due and payable,
~~
Resolution No. 84-'~, Page 2
n
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and that said Promissory Note shall be secured by the full faith and
credit of the City of La Porte.
BE IT FURTHER RESOLVED, the City Council of the City of La Porte
officially finds, determines, recites and declares that a sufficient
written notice of the date, hour, place and subject of this meeting
of the City Council of the City of La Porte was posted at a place
convenient to the public at the City Hall, City of La Porte, La Porte,
Texas, for the time required by law preceding this meeting, as required
• by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes
Annotated; and that this meeting has been open to the public as
required by law at all times during which this resolution and the
subject matter thereof has been discussed, considered and formally
acted upon. The City Council of the City of La Porte further ratifies,
approves and confirms such written notice and the contents and posting
thereof.
AND IT IS SO ORDERED.
PASSED AND APPROVED this the 18th day of July, 1984.
CITY OF LA PORTE
By:
Virginia Cline, Mayor
ATTEST:
City Secretary
• APPROVED:
Lam(/ ,
City Attorney
K ~F
•
Resolution No. 84-.7, Page 3.
THE STATE OF TEXAS §
§
COUNTY OF HARRIS §
I hereby certify that the above and foregoing is a true and
correct copy of a Resolution, passed and approved by the City Council
of the City of La Porte, at its regular meeting held on the 18th day
of July, 1984, at which meeting a majority of the City Council was
present and voted in favor of the passage of said Resolution, and
• notice of which meeting was properly posted according to law, prior
to the date of such meeting, as Resolution appears on record in the
minutes of said meeting, to certify which witness my hand and seal
of office this 18th day of July, 1984.
City Secretary
(SEAL)
•
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CITY OF LA PORTE
La Porte, Texas
PROMISSORY NOTE
$85,000.00 La Porte, Harris County, Texas July 18, 1984
For value received, the CITY OF LA PORTE, a municipal corporation,
Harris County, Texas, does hereby promise to pay to the order of
FIRST CITY BANK OF LA PORTE, at its banking offices in the City of
• La Porte, Harris County, Texas, not to execeed the sum of EIGHTY-FIVE
THOUSAND AND NO/100 DOLLARS ($85,000.00), in legal and lawful money
of the United States of America, with interest thereon from date
hereof until maturity at the rate of eight and six-tenths percent
(8.6~) per annum; the interest payable with principal; matured unpaid
principal and interest shall bear interest at the rate of ten percent
(10$) per annum from date of maturity until paid.
This note is due and payable as follows, to-wit:
In 36 equal monthly installments of TWO THOUSAND
SIX HUNDRED FORTY-SEVEN DOLLARS AND NINETY-THREE
CENTS ($2,647.93) each, including interest at the
rate of eight and six-tenths percent (8.6~) per
annum on the unpaid balance of principal, the
first of such monthly installments to be due and
payable on or before September 1, 1984, and a like
installment being due and payable on the lst day
• of each succeeding calendar month, until the full
principal balance, and all interest due thereon,
shall have been fully and finally paid.
In the event default is made in the prompt payment of this note
when due or declared due, and the same is placed in the hands of an
attorney for collection, or suit is brought on same, or the same is
collected through Bankruptcy or other judicial proceedings, then the
• makers agree and promise to pay ten percent (10~) additional on the
amount of principal and interest then owing, as attorney's fees.
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Each maker, surety and endorser of this note expressly waives
all notices, demands for payment, presentations for payment, notices
of intention to accelerate the maturity, protest and notice of protest,
as to this note, and as to each, every and all installments hereof.
This Promissory Note is issued under the authority of the Texas
Public Property Finance Act, Article 2368a.2, Revised Civil Statutes
of Texas. The proceeds of this note represent funds advanced by
First City Bank of La Porte, at the special instance and request of
the City of La Porte, a municipal corporation, to finance the purchase
• by the City of La Porte of three ambulances.
Payment hereof is secured by funds and taxes available to the
City of La Porte for its public purposes, and this Promissory Note is
further secured by the full faith and credit of the City of La Porte,
a municipal corporation. A certified copy of the Resolution author-
izing the borrowing of the sum of EIGHTY-FIVE THOUSAND AND NO/100
DOLLARS ($85,000.00), in the issuance of this Promissory Note, is
hereto attched.
CITY OF LA PORTE
By:
Virginia Cline, Mayor
• ATTEST:
City Secretary
APPROVED:
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• City Attorney
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H. CARLOS SMITH
ENGINEERS AND SURVEYORS, INC.
718 S. Broadway
P.O. Box M
La Porte, Texas 77571
(71 31 471-4226
October 10, 1983
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* a fee equal to 7.5% of the Construction Cost of the Project.
Additional or non-customary services will be charged on the basis
of our per diem rates, copy of which are attached hereto. Resident
services during construction will be charged on the basis of our per
diem rates, copy of which are attached hereto. We will bill you monthly
for services and reimbursable expenses. The above financial arrange-
ments are on the basis of prompt payment of our bills and the orderly
and continuous progress of the Project through construction.
We would expect to start our services promptly after receipt of
months.
If there are protracted delays for reasons beyond our control,
if construction is not started within the customary period of time
after completion of our final drawings and specifications, or if
construction is not completed by January 1, 1985 we would
expect to renegotiate with you the basis for our compensation in
order to take into consideration changes in price indices and pay scales
applicable to the period when services are in fact being rendered.
It is necessary that you advise us in writing at an early date
if you have budgetary limitations for the overall Project'Cost of
Construction Cost. We will endeavor to work within those limitations.
If you request we will submit to you periodically during the design
phase of our services our opinions as to the probability of completing
your acceptance of this proposal, and to complete our services within
2
City of La Porte .
604 West Fairmont Parkway
La Porte, Texas 77571
Gentlemen:
We propose to render professional engineering services in connect-
ion with Site Rehabilitation and Restoration of Mattie K. Carter Trust
Tract of Land at North 23rd Street and West "C" Street. our Job No. 1675-83.
(hereinafter called the "Project"). You are expected to furnish us with
full information as to your requirements including any special or extra-
ordinary considerations for the Project or special services needed, and
also to make available pertinent existing data.
- Our services will consist of preparing a Preliminary Design; Final
Design documents,. assistance during Bidding or Negotiating and Construct-
ion Administration, and such supplementary services as you may request.
You will pay us for our services:
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construction within your budget and, where appropriate, request an
adjustment i~ the budget or a revision in the scope or quality of the
Project. We do not guarantee that our opinions will not differ
materially from negotiated prices of bids. If you wish formal
estimates, a~ independent cost estimator should be employed.
Services are to be rendered in the customary phases which,
together with the general understandings applicable to our relation-"
ship with you, are set forth in the printed General Provisions which
are attached to and made a part of this proposal. Your particular
responsibilities are also set forth in the General Provisions.
This Proposal and the General Provisions attached represent
the entire understanding between you and us in respect of the Project
and may only be modified in writing signed by both of us. If it
satisfactorily sets forth your understanding of the arrangement
between us, ~•e would appreciate your signing the enclosed copy of
this letter in the space provided below and returning it to us.
This proposal will be open for acceptance until July 20, 1984 ,
unless changed by us in writing.
City of La Porte Very truly yours,
604 West Fairmont Parkway
La Porte, Texas 77571
Accepted this day of
19
By
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H. Carlos Smith, Engineers &
Surveyors, Inc.
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GENERAL PkUV]S]()NS
Attatched to and made a part of LETTER AG1ZI:1:M1sN7' drited October 10
_, 19_83 , between City of La Pori c:, '1'exr~t; (Owner) and u r___,a__ri.,~
Smith ~F.nginPara ~, S,,rTpr rg' IAC.- (Engin~•c~r) in respect of the project (Proj ect)
described therein.
SECTION 1-BASIC SERVICES OF ENGINEER
1.1. GENERAL
• 1.1.1. ENGINEER shall perform professional services as hereinafter stated which
include customary civil, structural, mechanical and electrical engineering
services and customary architectural services incidental thereto.
1.2. PRELIMINARY DESIGN PHASE
After written authorization to proceed with the Preliminary Design Phase, ENGINEER
shall:
1.2. In consultation with OWNER determine the extent of the Project.
1.2.2. Prepare preliminary design documents consisting of final design criteria,
preliminary drawings and outline specification.
1.2.3. Based on the information contained in the preliminary design documents,
submit a revised opinion of probable Project Cost.
1.2.4. Furnish five copies of the above preliminary-design documents and
present and review them in person with the OWNER. The duties and responsibilities
of ENGINEER during the Preliminary Design Phase are amended and supplemented
as indicated in paragraph 3 of Exhibit A "Further Description of Basic Engineering
Services and Related Matters".
1.3. FINAL DESIGN PHASE
After written authorization to proceed with the Final Design Phase; ENGINEER
shall:
1.3.1. On the basis of the accepted preliminary design documents prepare'
for in corporation in the Contract Documents final drawings to show the character
• and extent of the Project (hereinafter called "Drawings") and Specifications.
1.3.2. Furnish to OWNER such documents and design data as may be required
for, and assist in the preparation of, the required documents so that OWNER
may apply for approvals of such governmental authorities as have jurisdiction
over design criteria applicable to the Project, and assist in obtaining such
approvals by participating in submissions to and negotiations with appropriate
authorities.
1.3.3. Advise OWNER of any adjustments to the latest opinion of probable Project
Cost caused by changes in extent or design requirements of the Project or
Construction Cost and furnish a revised opinion of probable Project Cost based
on the Drawings and Spec if ications.
• 1.3.4. Prepare for review and approval by OWNER, his legal counsel and other
advisors contract agreement forms, general conditions and supplementary conditions,
and (where appropriate) bid forms, invitations to bid and instructions to
bidders, and assist in the preparation of other related documents.
1.3.5. Furnish five copies'of the above documents and present and review
them in person with OWNER. The duties and responsibilities of ENGINEER during
the Final Design Phase are amended and supplemented as indicated in paragraph
4 of Exhibit A "Further Description of Basic Engineering Services and Related
Matters".
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1.4. BIDDING OR 1:EGOTIAT]NG P}}ASE.
After written authorization to proceed with the Bidding or Negotiating Phase,
ENGINEER shall:
1.4.1. Assist OWNER in obtaining bids or negotiating proposals for each seperate
prime contract for construction, materials, equipment and services.
1.4.2. Consult with and advise OWNER as to the acceptability of subcontractors
and other persons and organizations proposed by the prime contractor(s) (herein-
after called "Contractor(s)") for those portions of the work as to which such
acceptability is required by the bidding documents.
1.4.3. Consult with the advise OWidER as to the acceptability of substitute
• materials and equipment proposed by Contractor(s) when substitution prior
to the award of contracts is allowed by the bidding documents.
1.4.4. Assist OWNER in evaluating bids or proposals and in assembling and
awarding contracts. The duties and responsibilities of ENGINEER during the
Bidding or Negotiating Phase are amended and supplemented as indicated in
paragraph 5 of Exhibit A "Further Description of Basic Engineering Services
and Related Matters".
1. 5. CONSTRUCTION PHASE.
During the Construction Phase ENGINEER shall:
1.5.1. Consult with and advise OWNER and act as his representative as provided
in Articles 1 through 17, inclusive, of the Standard General Conditions of
the Construction Contract, No. 1910-8 (1978 edition). The extent and limitations
of the duties, responsibilities and"authority of ENGINEER as assigned in said
Standard General Conditions shall not be modified, except to the extent provided
in paragraph 6 of Exhibit A "Further Description of Basic Engineering Service
and Related Matters" and except as ENGINEER may otherwise agree in writing.
All of OWNER"s instructions to Contractor(s) will be issued through ENGINEER
who will have authority to act on behalf of OWNER to the extent provided in
said Standard General Conditions except as otherwise provided in writing.
1.5.2. Make visits to the site at intervals appropriate to the various stages
of construction to observe as an:experienced and qualif ied design professional
the progress and quality of the executed work of Contractor(s).and to determine
• ~ in general if such work is proceeding in accordance with the Contract Documents.
ENGINEER shall not be required to make exhaustive or continuous on-site inspections
to check the quality or quantity of such work. ENGINEER shall not be responsible
for the means, methods, techniques, sequences or procedures of construction
selected by Contractor(s).or procedures of construction selected by Contractor(s)
or the safety precautions and programs incident to the work of Contractor(s).
ENGINEER's efforts will be directed toward providing a greater degree of confidence
for OWNER that the completed work of Contractor(s) will conform to the Contract
Documents, but ENGINEER shall not be responsible for the failure of Contractor(s)
to perform the construction work in accordance with the Contract Documents.
During such visits and on the basis of his~on-site observatio{~s ENGINEER shall
keep OWNER informed of the progress of the work, shall endeavor to guard OWNER
• against defects and deficiencies in such work. and may disapprove or reject
work failing to conform to the Contract Documents.
1.5.3. Review and approve (or take other appropiate action in respect of)
Shop Drawings (as that term is defined in the aforesaid Standard General Conditions)
and samples, the results of tests and inspections and other data which each
Contractor is required to submit, but only for conformance with the design
concept of the Project and compliance with the information given in the Contract
Documents (but such review and approval of other action shall not extend to
means, methods, sequences, techniques or procedures of construction or to
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safety precautions and programs incident thereto); determine the acceptability
of substitute materials and equipment proposed by Contractor(s); and receive
and review (for general content as required by Specifications) maintenance
and operating instructions, schedules, guarantees bonds and certificates
of inspection which are to be assembled by Contractor(s) in accordance with
the Contract Documents.
1.5.4. Issue all instructions of OWNER to Contractor(s); issue necessary
interpretations and clarifications of the Contract Documents and in
connection therewith prepare change orders as required; have authority, as
OWNER's representative, to require special inspection or testing of the work;
act as initial interpreter of the requirements of the Contract Documents and
• judge of the acceptability of the work there-under and make decisions on all
claims of OWNER and Contractor(s) relating to the acceptability of the work
of the interpretation of the requirements of the Contract Documents pertaining
to the execution and progress of the work; but ENGINEER shall not be liable
' for the results of any such interpretations or decisions rendered by him in
good faith. •
1.5.5. Based on ENGINEER's on-site observations as an experienced and qualified
design professional and on review of applications for payment and the accompanying
data and schedules, determine the amounts owing to Contractor(s) and recommend
in writing payments to Contractor(s) in such amounts; such recommendations
• of payment will constitute a representation to OWNER, based on such observations
and review, that the.work has progressed to the point indicated, that, to
the best of ENGINEER's knowledge, information and belief, the quality of such
work is in accordance with. the Contract Documents (subject to an evaluation
of such work as a functioning Project upon Substantial Completion, to the
results of any subsequent tests called for in the Contract Documents, and
to any qualifications stated in his recommendation), and that, payment of the
amount recommended is due Contractor(s); but by'recommending any payment ENGINEER
will not thereby be deemed to have represented that continuous or exhaustive
examinations have been made by ENGINEER to check the quality or quantity of
the work or to review the means, methods, sequences, techniques or procedures
of construction or safety precautions or programs incident thereto or that
ENGINEER has made an examination to ascertain how or for what purposes any
Contractor has used~the moneys paid on account of the Contract Price, or that
• title to any of the work, materials or equipment has passed to OWNER free
and clear of any lien, claims, security interests or encumbrances, or that
the Contractor(s) have completed their work exactly in accordance with the
Contract Documents.
1.5.6. Conduct an inspection to determine if the Project is substantially
' complete and a final inspection to determine if the work has been completed
in accordance with the Contract Documents and if each Contractor has fulfilled
all of his obligations thereunder so that ENGINEER may recommend, in writing,
final payment to each Contractor and may give written notice to OWNER and
the Contractor(s) that the work is acceptable (subject to any conditions therein
exxpressed), but any such recommendation and notice shall be subject to th.e
limitations expressed in paragraph 1.5.5.
• 1.5.7. ENGINEER shall not be responsible for the acts or omissions of any
Contractor, or subcontractor, or any of the Contractor(s) or subcontractors'
agents or employees or any other persons (except ENGINEER's own employees
and agents) at the site or otherwise performing any of the Contractor(s) work;
however, nothing contained in paragraphs 1.5.1. thru 1.5_7., inclusive, shall
be construed to release ENGINEER from liability for failure to perform properly
duties undertaken by ENGINEER in the Contract Documents.
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SECt1UJi 2 -ADDITIO::AL SERVICES OF ENGINEER
2.1. Normal and customary engineering services do not include services in
respect of the following categories of work which are usually referred to
as Additional Services. If OWNER wishes ENGINEER to perform any Additional
Services,he shall so instruct ENGINEER in writing, and ENGINEER will be paid
therefor as provided in the Letter Agreement, Additional Services include:
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* Preparation of applications and supporting documents for governmental financial
support of the Project; and preparation or review of environmental studies
• and related services.
* Services to make measured drawings of or to investigate existing conditions
or facilities.
* Services resulting from significant changes in the extent of the Project
or major changes in documentation previously accepted by OWNER where changes
are due to causes beyond ENGINEER's control.
* Providing renderings or models.
*Preparing documents for alternate bids requested by OWNER for work which
is not executed or for out-of-sequence work.
* Detailed consideration of operations, maintenance and overhead expenses;
and the preparation of rate schedules, earnings and expense statements, cash
flow and economic evaluations, feasibility studies, appraisals and valuations.
* Furnishing the services of special consultants.
* Services resulting .from the award of more than one prime contract for construction;
materials, equipment or services for the Project, or from the construction
contract containing cost-plus or incentive-savings provisions for Contractor's
basic compensation, or from arranging for performance by persons other than
the principal prime contractors or from administering OWNER's contracts for
such services.
*Services in connection with field surveys for design purposes and engineering
surveys and staking out the work of Contractor(s)..
• *Services in connection with change orders to reflect changes requested by
OWNER, evaluating substitutions proposed by Contractor(s) after award, and
services resulting from material, equipment or energy shortages.
* Services during out-of-town travel other than visits to the site.
* Preparing for OWNER, on request, a set of reproducible record prints based
on data furnished by Contractor(s).
* Additional or extended services during construction made necessary by (1)
work damaged by fire or other cause during construction, (2) a significant
amount of defective or neglected work of Contractor(s), (3) prolongation of
contract time, (4) Contractor(s) overtime work, and (5) Contractor(s) defaults.
• * Preparation of operating and maintenace manuals; extensive assistance in
utilization or startup; and training OWNER's personnel.
* Services after completion of the Construction Phase.
* Preparing to serve or s~iai.ng'as a consultant or witness in any legal or
ad;ainistrative proceeding or public hearing.
* Providing services normally furnished by OWNER.
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2.2. If the parties agree, ENGINEER shall provide resident Project represen-
tation under ENGINEER's supervision which will be paid for by OWNER as indicated
in Exhibit A "Further Description of Basic Engineering Services and Related
Matters:' and which will be intended to assist ENGINEER in observing performance
of Contractor(s) work, but will not involve ENGINEER in the construction means,
methods, techniques, sequences or procedures or safety precautions or programs
nor provide to OWNER any guarantee by ENGINEER of the accuracy, quality or
timeliness of Contractor(s) performance. ~ '
SECTION 3 - OWNER'S RESPONSIBILITIES
3:1. OWNER shall provide all criteria and full information as to OWNER's
' requirements for the Project; designate a person to act with authority on
OWNER's behalf in respect of all aspects of the Project; examine and respond
promptly to ENGINEER's submissions; and give prompt written notice to ENGINEER
whenever he observes or otherwise becomes aware of any defect in the work.
3. 2. OWNER shall also do the following and pay all costs incident thereto:
* Furnish to ENGINEER core borings, probings and subsurface explorations,.
hydrographic surveys, laboratory tests and inspections of samples, materials
and equipment and similar data; appropriate professional interpretations of
' all of the foregoing; environmental assessment and impact statements; property.,
boundary, easement, right-of-way, topographic and utility surveys; property
descriptions; zoning and deed restrictions; all of which ENGINEER may rely
upon in performing his services. -
* Guarantee access to and make all provisions for ENGINEER to enter upon
public and private property.
* Provide such legal, accounting, independent cost estimating and insurance
counseling services as may be required for the Project, any auditing service
required in respect of Contractor(s) applications for payment, and, any inspection
services to determine if Contractor(s) are performing the work legally.
~ Provide field control surveys and fix ref erence points and base lines.
* Furnish approvals and permits .from all governmental authorities having
• jurisdiction over the P roj ect.
3.3. OWNER shall pay all costs incident to obtaining bids or proposals from
Contractor(s).
SECTION 4 - MEANING OF TERMS
4.1. As used herein the term "this Agreement" refers to the Letter Agreement
to which these General Provisions are attatched and to these General Provisions
and Exhibit A "Further Description of Basic Engineering Services and Related
Matters", as if they were part of one and the same document.
• 4.2. The construction cost of the entire Project (herein referred to as "Const-
ruction Cost") means the total cost of the entire Project to OWNER, but it
will not include ENGINEER'S compensation and expenses, the cost of land, rights-
of-way, or compensation for or~•damages'to, properties unless this Agreement
so specifies, nor will it include OWNER's legal, accounting, insurance counseling
or auditing services, or interest and financing charges incurred in connection
with the Project. When Construction Cost is used as a basis for payment it
will be based on one of the following sources with precedence in, the order
listed for work designed or specified by ENGINEER:
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4.2.1. For completed construction work the total cost of all
work performed as designed or specified by ENGINEER.
4.2.2. For work designed or specified but not constructed, the
lowest bona fide bid received from a qualified bidder for such
work; or, if the work is not bid, the lowest bona fide negotiated
proposal for such work.
4.2.3. For work designed or specified but not constructed upon
which no such bid or proposal is received, the most recent estimate
of Construction Cost, or, if none is available, ENGINEER's most
recent opinion of probable Construction Cost.
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Labor furnished by OWNER for the Project will be included in the Construction
Cost at current market rates including a reasonable allowance for overhead
and profit. Materials and equipment furnished by OWNER will be included at
current market prices. No deduction is to be made from ENGINEER's compensation
on account of any penalty, liquidated damages, or other amounts withheld from
payments to Contractor(s).
4.3. The per-diem rates used as a basis for payment mean the salaries and wages
paid to all personnel engaged directly on the Project, including, but not
limited to, engineers, architects, surveymen, designers, draftsmen, specification
writers, estimators, other tiachnical personnel, stenographer, typists and
clerks; including the cost of customary and statutory benefits including,
but not limited to_, social security contributions, unemployment, excise and
payroll taxes, worlanen~',s compensations, health and retirement benefits, sick -
leave, vacation and holiday pay applicable thereto. Per diem rate schedule
as follows:
- PER DIEM RATES:
Engineer of Principal $75.00/hr.
Registered Surveyor $60.00/hr.
Engineer Assistant. $45.00/hr.
Draftsman $25.00/hr.
Inspector, (Full Time) - ~ $45.00/hr.
Computation & Computer Time $35.00/hr.
Clerk-Typist $17.50/hr.
Survey Field Party:
2 Men $55.00/hr.
3 Men $65.00/hr.
4 Men $80.00/hr.
E. D. M. $60.00/hr.
Title & Record Search $45.00/hr.
Mileage From and Return to La Porte $0.30/Mile
(OUTSIDE HARRIS COUNTY)
Plus expenses Outside of Harris County for Overnight or Extended Trips.
Per Diem Rates include all taxes, insurance and overhead.
4.4. Reimbursable Expenses mean the actual expenses incurred directly or
indirectly in connection with the Project for; transportation and subsistence
incidental thereto; obtaining bids or proposals from Contractor(s); furnishings
and maintaining field office facilities; subsistence and transportation of
Resident Project Representatives and their assistants; toll telephone calls
and telegrams; reproduction of Reports, Drawings, Specifications, and similar
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Project-related iter,s in addition to those required under Section 1; oxi~urises
of photographic production techniques; and, if authorized in advancr by OWNER,
overtime work requiring higher than regular rates: W}~ere compensation for
Basic Services is on the basis of Direct Labor Costs or Payroll Costs times
a factor, Reimbursable Expenses shall include the amount billed to ENGINEER
by special consultants employed by ENGINEER (other than as an authorized Add-
itional Service under Section 2) for such consultants services and Reimbursable
Expenses times a factor of 10 Y, and shall also include expenses incurred
for computer time and other highly specialized equipment, including~an appropriate
charge for previously established programs and expenses of photographic production
techniques times a factor of 10 y,.
• SECTION 5 - MISCELLANEOUS
5:1. REUSE OF DOCUMENTS
All documents including Drawings and Specifications prepared by ENGINEER pursuant.
to this Agreement are instruments of service Yn respect of the Project. They
are not intended or represented to be suitable for reuse by OWNER or others
on extensions of the Project or on any .other project. Any reuse without written
verification or adaptation by ENGINEER for the specific purposes intended
will be at OWNER's sole risk and without liability or legal exposure to ENGINEER;
and OWNER shall indentify and hold harmless ENGINEER from all claims, damages,
losses and expenses including attorneys' fees arising out of or resulting
therefrom. Any such verification or adaptation will. entitle ENGINEER to further
compensation at rates fo be agreed upon by OWNER and ENGINEER.
5.2. OPINIONS OF COST
Since ENGINEER has no control over the cost of labor, materials, equipment .
or services furnished by others, or over the Contractor(s) methods of determining
prices, or over competitve bidding or market conditions, his opinions of probable
Project Cost and Construction Cost provided for herein are to be made on the
basis of his experince and qualifications and represent his best judgment
as and experienced and qualified professional engineer, familiar with the
construction industry; but ENGINEER cannot and does not guarantee that proposals,
bids or actual Project or Construction Cost will not vary from opinions of
• probable cost prepared by him. If prior to the Bidding or Negotiating Phase
OWNER wishes greater assurance as to Project or Construction Cost he shall
employ an independent cost estimator as provided in paragraph 3.2. Engineering
services to modify the Contract Documents to bring the Construction Cost within
any limitation established by OWNER will be cons idered~ Additional Services
and paid for as such by OWNER.
5.3. LATE PAYMENT
If OWNER fails to make any payment due ENGINEER for services and expenses
within sixty days after receipt of ENGINEER's bill therefor, the amounts due
ENGINEER shall include a charge at the rate of lx per month from said sixtieth
day, and in addition, ENGINEER may, after giving seven days' written notice
• to OWNER, suspend services under this Agreement until he has been paid in
full all amounts due him for services and expenses.
5.4. TERMINATION
The obligation to provide further services under this Agreement may be terminated
by either party upon seven days' written notice in the event of substantial
failure by the other party to perform in accordance with the terms hereof
through no fault of the terminating party. In the event of any termination,
ENGINEER will be paid for all services rendered to the date of termination,
all Reimbursable Expenses and termination expenses.
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S.S. SUCCESSORS AND ASSIGNS
5.5.1. OWNER and ENGINEER each binds himself and his partners, successors,
executors, administrators, assigns and legal representatives to the other
party of this Agreement and to the partners, successors, executors, administrators,
assigns, and legal representatives of such other party, in respect to all
covenants, agreements and obligations of this Agreement.
5.5.2. Neither OWNER no.r ENGINEER shall assign, sublet or transfer any rights
under or interest in (including, but without limitation, moneys that may become
due or moneys that are due) this Agreement without the written consent of
the other, except as stated in paragraph 5.5.1. and except to the extent that
• the effect of this limitation may be restricted by law. Unless 'specifically
stated to the contrary in any written consent to an assignment, no assignment
will release or discharge the assignor from any duty or responsibility under
this Agreement. Nothing contained in this paragraph shall prevent ENGINEER
from employing such independent consultants, associates and subcontractors
as he may deem appropriate to assist him in the performance of services hereunder.
5.5.3. Nothing herein shall be construed to give any rights or benefits hereunder
to anyone other than OWNER and ENGINEER.
5.6. ARBITRATION.
5.6.1. All claims, counterclaims, disputes and other. matters in question
between the parties hereto arising out of or relating to this Agreement or
the breach thereof will be decided by arbitration in accordance with the Construction
Industry Arbitration Rules of the American Arbitration Association then obtaining,
subject to the limitations and restrictions stated in paragraphs 5.6.3. and
5.6.4. below. This agreement so to arbitrate and any other agreement or consent
to arbitrate entered into in accordance herewith. as.provided in this paragraph
5.6. will be spec if ically enforceable under the px evailing arbitration law
of any court having jurisdiction.
5.6.2. Notice of demand for arbitration must be filed in writing with the
other parties to this Agreement and with the American Arbitration Association.
The demand must be made within a reasonable time after the claim, dispute
or other matter in question has arisen. In no event may the demand for arbitration
be made after institution of legal or equitable proceedings based on such
• claim, dispute or other matter in question would be barred by the applicable
statute of limitations.
5.6.3. All demands for arbitration and all answering statements thereto which
include any monetary claim must contain~a statement that the total sum or
value in controversy as alleged by the party making such demand or answering
statement is not more than $200,000 (exclusive of interest and costs). The
arbitrators will not have jurisdiction, power or authority to consider, or
make findings (except in denial of their own jurisdiction) concerning any
claim, counterclaim, dispute or other matter in question where the amount
in controversy thereof is more than $200,000 (exclusive of interest and costs)
or to rend er a monetary award in response thereto against any party which
totals more than $200,000 (exclusive of interest and costs).
• 5.6.4. No arbitration arising out of, or relating to, this Agreement may
include, by consolidation, joinder or in any other manner, any person or entity
who is not a party to this Agreement.
5.6.5. By written consent signed by all the parties to this Agreement and
containing a specific reference hereto, the limitations and restrictions contained
in paragraphs 5.6.3. and 5.6.4, may be waived in whole or in part as to any
claim, counterclaim, dispute or other matter specifically described in such
consent. No consent to arbitration in respect of a specifically described
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claim, counterclaim, dispute or other matter in question will constitute consent
to arbitrate any other claim, counterclaim, dispute or other matter in question
which is not specifically described in such consent or in which the sum or
value in controversy exceeds $200,000 (exclusive of interest and costs) or
which is with any party not specifically described therein.
5.6.6. The award rendered by the arbitrators will be final, not subject to
appeal and judgement may be entered upon it in any court having jurisdiction
thereof.
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EXHIBIT A to GENERAL PROVISIONS attached to
LETTER AGREEMENT BETWEEN OWNER AND ENGINEER
FOR PROFESSIONAL SERVICES, dated
October 10 , 19 83
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FURTHER DESCRIPTION OF BASIC ENGINEERING SERVICES AND RELATED MATTERS
1. This is an exhibit attached to and made a part of the General Provisions
attached to Letter Agreement dated October 10 ,
19 83 , between City of La Porte (OWNER) and H. Carlos
Smith, Engineers & Surveyors, Inc. (ENGINEER) providing for
professional engineering services. The Basic Services of ENGINEER as described
in Section 1 of the said General Provisions are amended or supplemented as indi-:
cat'ed below and the time periods for the performance of certain services as indi-
cated in said General Provisions are stipulated as indicated below.
2. STUDY AND REPORT PHASE: Not applicable
3. PRELIMINARY DESIGN PHASE:
The Preliminary Design Phase Services will be completed and ENGINEER's document-
ation and opinion of costs submitted within 45 calendar days following written
authorization from OWNER to ENGINEER to proceed with that phase of services,
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providing for lost time, due to inclement weather.
4. FINAL DESIGN PHASE:
The Final Design Phase Services will be completed and Contract Documents and
ENGINEER's opinion of costs submitted within 15 cal ender days following written
authorization from OWNER to ENGINEER to proceed with that phase of services.
5. BIDDING OR NEGOTIATING PHASE: No Amendments
6. CONSTRUCTION PHASE: Def in it ion: Shop Drawings - All drawings, diagrams,
illustrations, brochures, schedules and other data which are prepared by
• CONTRACTOR, a Subcontractor, manufacturer, supplier or distributor and which
illustrate the equipment, material or some portion of the Work.
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" Page 12 of 13'
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T0: ~ CITY MANAGER FROM: DATE:.:.
Jerry Hodge•:•:~ ~ ~ July 2, 198+
REQUEST FOR CITY COUNCIL~AGENDA ITII~! 2. X Report
1. Agenda Date Requested: ~ ~~ - g _ Resolution
• ~ Ordinances
3. Project Summary:
Annual contract to purchase asphalt based materials.
k. Action Required:
Approve recommendations to accept low bid and execute contract.
5.. Alternative:
Buy on the spot market.
6. ~ Recommendation
Accept bid.
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7.' Exhibits:
Attached.
8. Availability of Funds: General Fund Water/Wastewater
• ~ Capital Improvmt. General Revenue Sharing
Other
Account Number: Funds Ava~able: X Yes No
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Agenda
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FROM:
• SUBJECT:
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INTER-OFFICE MEMORANDUM
JUNE 20, 1984
L. Morris - Street Superintendent
J. Hodge - Director of Pub Wo s
J. Ray - Purchasing Age
Sealed Bid ~~0045 - Hot ix, Black Base, and Hot Mix-Cold Lay
Advertised sealed bids 4~0 45 for the City of La Porte's annual asphalt
based materials contract were opened and read in City Council Chambers
June 18, 1984 at 4 p.m. Bid invitations were mailed to three area
plant operators with only Radcliff Material Inc. and Parker Bros., Inc.
returning bid packages.
Low bid meeting specifications in Section I. A. for Hot Mix was submitted'~~
by Radcliff Material in the amount of $26.25 per ton delivered. This price'•
is approximately lOX higher than the price currently being paid by the City
of La Porte.
Low bid in Section I.B. for Hot Mix was submitted by Parker Bros., Inc. in
the amount of $22.30 per ton picked up. This price also reflects a 10% in-
crease over the price currently being paid by the City of La Porte.
Low bid in Section II. A. and B. for black base was submitted by Parker
Brothers, Inc. in the amount of $23.35 per ton delivered and $19.35 per
ton picked up. Prices on both delivered and picked up material indicate
a 2X increase over the price currently being paid by the City of La Porte.
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Sole bidder in Section III A. and B. for Hot Mix-Cold Laid Asphalt was Radcliff
Material. Radcliff was also the sole bidder of this product in 1983 and seems
to be the only plant operator in the immediate area running this particular
mix. Delivered pricing was listed at $27.85 per ton and picked up pricing at
$24.95 per ton. These prices reflect a 4X decrease over prices currently being
paid for this material.
I hereby recommend awarding
Parker Brothers on the basis
recommend awarding the annual
Material an.the.basis of sol
ta:Radcliff .Material.: for Hot
to perform duri:~g the life of
I~trust this recommendation
JR/mb
cc: B. Herrera
ann a ontract for Hot Mix and Black Base to
to b meeting specifications. I also
ontr for Hot Mix-Cold Laid Asphalt to Radcliff
:our and the award of a contingency contract
lack Base should Parker Brothers be unable
~e o ract.~
. meet'~with your approval.
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CITY h9Gf~'S OFFICE
ITEM: SEALED BID l~0045
Hpt Mix (Mod D), Asphalt .~ Radcliff Parker APAC, Prices Prices
Stabilized Base (Black Base), and ~Matl. Inc. Brothers Texas Under 1983- Under 1983-
Hot Mix-Cold Laid Asphalt 1984 1984 Con-
1• A. Hot Mix Asphaltic Concrete
• Pavement (Mod D) - Delivered
B. Hot Mix - Picked Up
2• A. Asphalt Stabilized Base
(Black Base) - Delivered
B. Picked Up
Contract tangency
031-06-84 Contract
30-06-84 032-06-8~
029-06-84 033-06-8~
26.25/ton $26.30/ton INo Bid ~$23 95/ton ~$23.95/tc
.95/ton $22.30/ton INo Bid ~20 00/ton ~20:75/to
25.25/ton ~$23.35/ton INo Bid $22 95/ton
• $23.45/t
$21.95/ton I $19.35/ton ~ No Bid I $19 00/ton , $20.25/tc
3. A. Hot Mix-Cold Laid Asphaltic
$27.85/ton No Bid No Bid $28.95/ton N/A
Concrete Pavement - Delivered
B. Picked Up
$24.95/ton No Bid No Bid $26.00/ton N/A
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CITY ®F ~A ~®RTE
PHONE (713) 471.5020 • P. O. BOX 1115 • LA PORTE. TEXAS 77571
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July 18, 1984
Mayor and City Council
Citizens of District 2 and
Citizens of La Porte
My personal circumstances have dictated that I make a move
from La Porte. Therefore, it is with a heavy heart that I
tender my resignation from office as Councilman of District 2
effective July 19, 1984.
I regret this is necessary because I feel a great responsi-
• bility to the people of District 2 and the city of La Porte.
however, the City Charter is very clear on~residency require-
ments.
Perhaps I have made some mistakes during my term in office,
however I have watched this city make tremendous progress
and I feel I have contributed to this growth.
I will continue to support La Porte's future growth and progress
in any way possible and I thank my fellow Council Members, the
City Staff and the fine citizens of La Porte for the support
they have given me the past three and one-half years.
Sincerely,
~_.1t ...r 9~ C ~R
~ John D. ---C///"""aJ~rr L gley
Councilman, District 2
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