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Home My WebLink About1984-07-18 Regular Meeting of La Porte City Council- i AGENDA REGULAR MEETING OF THE LA PORTE CITY COUNCIL, TO BE HELD ON JULY 18, 1984, IN THE COUNCIL CHAMBERS OF THE CITY HALL, 604 WEST FAIRMONT PARKWAY, LA PORTE, TEXAS, BEGINNING AT 7;00 P.M. Next Ord. No. 1408 Next Res. No. 84-6 1. CALL TO ORDER 2. INVOCATION BY COUNCILPERSON DEOTIS GAY A~l- (0 3. CONSIDER APPROVING MINUTES OF THE REGULAR MEETING HELD JUNE 20, 1984 Motion by Second by VOTE: FOR AGAINST ABSTAIN Skelton Westergren Malone Longley Matuszak Graves Pfeiffer Gay Cline Motion carried Defeated Tabled B /-a. 4. CONSIDER APPROVING MINUTES OF SPECIAL CALLED MEETING HELD JULY 11, 1984 Motion by Second by VOTE: FOR AGAINST ABSTAIN Skelton Westergren Malone Longley Matuszak Graves Pfeiffer Gay Cline Motion carried Defeated Tabled ~'~ 5. PROCLAMATION - POW-MIA RECOGNITION DAY / 6. EMPLOYEE OF THE QUARTER PRESENTATION a~-~ ~P~o~.~~ 8 ~~ A ! ~ ~ - ~ 7. CONSIDER CONTRACT WITH HDR FOR SANITARY LANDFILL DESIGN AND PERMIT APPLICATION - J. Hodge Motion by Second by VOTE: FOR AGAINST ABSTAIN Skelton Westergren Malone Longley Matuszak Graves _ Pfeiffer Gay Cline Motion carried Defeated Tabled 8. CONSIDER HIRING OF THE FIRM OF LLOYD, GOSSELINK & RYAN, P.C., ATTORNEYS AT LAW, TO REPRESENT THE CITY FOR SANITARY LANDFILL PERMIT APPLICATION - K. Askins Motion by Second by VOTE: FOR AGAINST ABSTAIN Skelton Westergren Malone Long 1 ey . Matuszak Graves Pfeiffer Gay Cline Motion carried Defeated Tabled F / _ ~ 9. CONSIDER CHANGE OF STREET NAMES IN BROOKGLEN SECTION III - (Ord. No. 1408) - J. Joerns Motion by Second by VOTE: FOR ~ AGAINST ABSTAIN Skelton Westergren Malone Longley -~ Matuszak Graves Pfeiffer Gay Cline Motion carried Defeated Tabled !~ G/- dZ. 10. CONSIDER ACCEPTING BIDS FOR STREET PAVING AND DRAINAGE IMPROVEMENTS - J. Joerns Motion by Second by VOTE: FOR AGAINST ABSTAIN Skelton Westergren Malone Longley Matuszak Graves Pfeiffer Gay Cline Motion carried Defeated Tabled ~[ 11. CONSIDER APPROVING A RESOLUTION FOR THE TERMINATION OF STEP I OF EPA GRANT, LOMAX PLANNING AREA - (Res. No. 84-6) - - J. Joerns Motion by Second by VOTE: FOR AGAINST ABSTAIN Skelton Westergren Malone Longley Matuszak Graves Pfeiffer Gay Cline Motion carried Defeated Tabled Z/-~~ 12. CONSIDER AWARDING BID FOR FIRE APPARATUS - J. Sease Motion by Second by VOTE: FOR AGAINST ABSTAIN Skelton Westergren Malone Longley Matuszak Graves Pfeiffer Gay Cline Motion carried Defeated Tabled •~ ~~ ~~- ~ 13. CONSIDER APPROVING AGREEMENT WITH HARRIS COUNTY FOR FIRE PROTECTION IN UNINCORPORATED AREAS - J. Sease Motion by Second by VOTE: FOR AGAINST ABSTAIN Skelton Westergren Malone Longley Matuszak Graves Pfeiffer Gay Cline Motion carried Defeated Tabled ~I'" 7 14. CONSIDER RESOLUTION AUTHORIZING LEASE PURCHASE AGREEMENT FUNDING FOR LA PORTE AREA AMBULANCE CORP. - (Res. No. 84-7) - B. Herrera Motion by Second by VOTE: FOR AGAINST ABSTAIN Skelton Westergren Malone Longley Matuszak Graves Pfeiffer Gay Cline Motion carried Defeated Tabled ~,1-/,Z 15•. .CONSIDER APPROVING CONTRACT WITH CARLOS SMITH FOR ENGINEERING SERVICES FOR RESTORATION OF CARTER TRUST PROPERTY - J. Joerns Motion by Second by VOTE: FOR AGAINST ABSTAIN Skelton Westergren Malone Longley Matuszak Graves Pfeiffer Gay Cline rlotion carried Defeated Tabled ~, • ~7 M 1- 3 16. CONSIDER AWARDING ANNUAL CONTRACT FOR STREET MATERIALS J. Hodge/J. Ray Motion by Second by VOTE: FOR AGAINST ABSTAIN Skelton Westergren Malone Longley Matuszak Graves _ Pfeiffer Gay Cline Motion carried Defeated Tabled 17. CONSIDER RESOLUTION APPOINTMENT OF CHAIRMAN OF SESQUICENTENNIAL COMMITTEE - (Res. No. 84-8) - V. Cline Motion by Second by VOTE: FOR AGAINST ABSTAIN Skelton Westergren Malone Longley Matuszak Graves Pfeiffer Gay Cline Motion carried Defeated Tabled 18. ADMINISTRATIVE REPORTS 1~. COUNCIL ACTION Skelton: Westergren: Malone: Longley: ~. 19. COUNCIL ACTION (Continued) Matuszak: Graves: Pfeiffer: Cline: ~~ 20. EXECUTIVE SESSION - V.A.T.S. - ARTICLE 6252-17, SECTION 2(E), (F), (G) - (LEGAL, LAND ACQUISITION AND PERSONNEL) Time out: Time in: 21. ADJOURNMENT Time: C 1 ~C • 1 M MINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL JUNE 20, 1984 C 1. The meeting was called to order by Mayor Cline at 7:00 P.M. Members of City Council Present: Mayor Virginia Cline, Councilpersons Deotis Gay, B. Don Skelton, Linda Westergren, Norman Malone, John Longley, Kevin Graves, Lindsay Pfeiffer Members of City Council Absent: Ed Matuszak Members of City Staff Present: City Manager Jack Owen, City Attorney Knox Askins, City Secretary Cherie Black, Director of Community Development John Joerns ~~ Others Present: Neil Bishop and Cecil Allen, Turner Collie & Braden; Mr. and Mrs. Snipes, Cadillac Cab Co.; Arlene Arends, Bayshore Sun-Broadcaster; Linnea Schlobohm, Baytown Sun; one citizen 2. The invocation was given by Councilperson Malone. 3. 4. Council considered approving the minutes of the regular meeting held June 6, 1984. Motion was made by Council erson Skelton to approve the minutes of the June 6 meeting as presented Second by Councilperson Pfeiffer. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Gay, Skelton, Westergren, Malone, Longley, Graves, Pfeiffer and Mayor Cline Nays: None Council considered approving the minutes of the special called meeting held June 13, 1984. Motion was made by Councilperson Malone to approve the minutes of the special called meeting held June 13 as presented. Second by Councilperson Longley. The motion carried, 7 ayes, 0 nays, 1 abstain. Ayes: Councilpersons Gay, Skelton, Westergren, Malone, Longley, Pfeiffer and Mayor Cline Nays: None Abstain: Councilperson Graves (was not present at 6-13 meeting) ~~ ~~ • M • 1 ~~~ C Minutes, Regular Meeting, La Porte City Council June 20, 1984, Page 2 Councilperson Matuszak arrived at the Council table at 7:05 P.M. 5. Council considered approving a taxicab permit for Mrs. Jo Ann Snipes, Cadillac Cab Company. Mrs. Snipes was present and answered questions from Council. Motion was made taxicab permit person Matuszak ayes and 0 nays. il- Ayes: Councilpersons Gay, Skelton, Westergren, Malone, Longley, Matuszak, Graves, Pfeiffer and Mayor Cline Nays: None 6. Council considered approving a contract with Turner Collie & Braden for wastewater system improvements. It was noted by the City Manager that the suggested change C had been made to the wording in the contract, i.e., on page 2, the word "indicate" was changed to "identify." Motion was made by Councilperson Westergren to ap rove the contract with Turner Collie & Braden for wastewater s stem improvements. Second by Councilperson Graves. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Gay, Skelton, Westergren, Malone, Longley, Matuszak, Graves, Pfeiffer and Mayor Cline Nays: None 7. Council considered authorizing going out for bids for restora- tion of Carter Trust property. Motion was made by Councilperson Matuszak to table this item until such time as we are apprised whether or not FEMA will subsidize purchase of the property. Second by Councilperson Graves. After lengthy discussion on the pros and cons of whether to buy the property with or without FEMA participation, bid specifi- cations, property value, etc., the vote was taken and the motion was defeated, 8 nays and 1 aye. Ayes: Councilperson Matuszak Nays: Councilpersons Gay, Skelton, Westergren, Malone, Longley, Graves, Pfeiffer and Mayor Cline . 1..........~... r~t__ rr___ A~ C ' "` ~,.,,__ ` Minutes, Regular Meeting, La Porte City Council June 20, 1984, Page 3 Motion was made by Councilperson Graves to authorize staff to go out for bids for the restoration of the Carter Trust property, restoration contingent upon FEMA's reply regardin whether or not the will articipate in purchase of the property. Second by Councilperson Malone. The motion car- ried, 9 ayes and 0 nays. Ayes: Councilpersons Gay, Skelton, Westergren, Malone, Longley, Matuszak, Graves, Pfeiffer and Mayor Cline Nays: None 8. Council considered authorizing payroll deductions for dental program. Motion was made by Councilperson Westergren to approve authorizing payroll deductions for the dental program. Second by Councilperson Malone. The motion carried, 8 ayes 1 nay. c Ayes: Councilpersons Gay, Westergren, Malone, Longley, Matuszak, Graves, Pfeiffer and Mayor Cline Nays: Councilperson Skelton 9. Council considered appointing a member to the Industrial Development Corporation. ~• Motion_was made by Councilperson Pfeiffer to appoint J M "Mike" Jackson to the Industrial Development Corporation. Second by Councilperson Malone. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Gay, Skelton, Westergren, Malone, Longley, Matuszak, Graves, Pfeiffer and Mayor Cline Nays: None 10. Council considered cancelling the regular meeting scheduled for July 4, due to the holiday. Motion was made by Councilperson Westergren to cancel the meeting scheduled for July 4. Second by Councilperson Skelton. The motion carried, 8 ayes and 1 nay. Ayes: Councilpersons Gay, Skelton, Westergren, Malone, Longley, Graves, Pfeiffer and Mayor Cline Nays: Councilperson Matuszak ~}3 ~1 • ' ~-, C Minutes, Regular Meeting, La Porte City Council June 20, 1984, Page 4 11. Administrative Reports Mr. Owen reported the auction had generated sales of $41,606, and that La Porte's~portion of that totaled $21,366.50. 12. Council Action Skelton: Appreciates the notification that the letter had been sent to the engineer regarding the sidewalk on "G" Street between Broadway and San Jacinto. Reported that the trash bins had been moved. Westergren: Announced the 4th of July festivities to be held at Sylvan Beach from 9:00 A.M. until 9:00 P.M. Malone: Commented on the proposed trip to the Houston Lighting & Power facility in Rosenberg. He has made the tour and it was very interesting. Mayor Cline polled Council and four would be able to go during C the week of July 9-13th. The City Secretary will make the reservations. Longley: Would like for the City Manager to be thinking about what to do with the land in Fairmont Park where the old sewer plant was located. Owen: Part of it will need to be retained as a lift station. Staff will soon be compiling a list of all small parcels of land owned by the City to bring to Council to see what they would like to do with the land. Matuszak: Mr. Longley is talking about restoration of ground. If you dug up that ground you'd find a sewer plant turned upside-down in it. We're not going to restore our own land even though it's quite beneficial. We can bury debris on that particular land on a commercial strip that borders on Fairmont Parkway. However, when you talk about next to the Public Works where it's ash and not concrete, it's a different story. Thanks to Jack for requesting to Houston Lighting & Power the lights on either end of Drif twood. He's sure the folks will appreciate that. How long does a request like that usually take? ~~ .~ • ~- C Minutes, Regular Meeting, La Porte City Council June 20, 1984, Page 5 The Mayor replied that it usually takes three or four months. Graves: In regards to our recent auction - I hope we don't have any surprises coming up next week like tractors and brush hogs. Has gotten a couple of complaints on the Southern Pacific crossing at 225; it's getting bad again. Appreciates B. Don Skelton picking up the ball on the side- walk on "G" Street. He had requested something be done a long time ago, but had dropped the ball somewhere along the line . His street is "bleeding up" badly and it is ruining his carpet from being tracked into the house. Can something be done; can we look into hot mix overlay rather than the two- course? It has had to have something done to it every year. Pfeiffer: Would like to get the paper to publicize the "Solicitation Ordinance." In the last two weeks he has had 3 or 4 people come to his house selling something, who haven't C ~ gone through the proper procedures. The intent of the ordi- nance is to give people peace of mind; he thinks the public should be reminded again that we do have an ordinance,. and if they have someone come up they need to inform them of the ordinance, and also to let someone with the City know. Cline: Has received a letter from the 9-1-1 Emergency Net- work executive director. Their board has elected to hold their monthly meetings in surrounding cities that are partici- pating in the 9-1-1 program. These meetings are held the first Thursday of the month at 10:00 A.M. Would Council like to host a meeting? It was agreed that La Porte would host a. meeting. The City Secretary will send the form back to the 9-1-1 board to inform them what date we would like to host. She has received a lot of phone calls about water bills. She read a letter from Mr. and Mrs. Perry protesting the high rates. The letter mentioned that there was a rumor that there would be a meeting at the old MUD office between the City and Brookglen residents. Was Mr. Owen aware of such a meeting? Mr. Owen replied he was not aware of a meeting, although Bob Herrera has talked of sending a letter to the residents out there to explain how their previous payments were set up and what they covered, and the City of La Porte structure. AS •1 . ~ - • .C ~'' r C Minutes, Regular Meeting, La Porte City Council June 20, 1984, Page 6 Mr. Malone commented that he had gotten two separate water bills for the same amount in the same month, and that Mr. Post had called him and said he had gotten two bills for his mobile home park the same month for the same amount. Apparently there is an error somewhere and some people are being double billed. Mr. Owen will look into the matter. Mr. Skelton reminded Council that Thursday night is Harr-is County Mayors' and Councils' meeting at Monument Inn. 13. There was no executive session. 14. There being no further business to come before the Council, the meeting was duly adjourned at 8:08 P.M. Respectfully submitted: Cherie Black, City Secretary C Passed & Approved this the 18~h day of July, 1984 Virginia Cline, Mayor n U C MINUTES OF THE • SPECIAL CALLED MEETING OF LA PORTE CITY COUNCIL JULY 11, 1984 ~~ -~ 1. The meeting was called to order by Mayor Cline at 7:20 P.M. Members of City Council Present: Mayor Virginia Cline, Councilpersons Deotis Gay, B. Don Skelton, Linda Westergren, John Longley, Ed Matuszak, Lindsay Pfeiffer Members of City Council Absent: Councilpersons Norman Malone, Kevin Graves Members of City Staff Present: City Manager Jack Owen, City Attorney Knox Askins, City Secretary Cherie Black, Director of Administrative Services Bob Herrera, Director of Parks and Recreation Stanley Sherwood, Director of Public Works Jerry Hodge, Assistant Fire Chief John Dunham Others Present: Arlene Arends, Bayshore Sun-Broadcaster; Linnea Schlobohm, Baytown Sun; representative from Pasadena Citizen; 7 interested persons 2. Council considered adopting an ordinance suspending the schedule of rates of Houston Lighting & Power Company. Mr. Jim 6Vyatt, District Manager for HL&P was present and answered questions from Council regarding the ordinance. City Attorney Askins read: ORDINANCE 1407 - AN ORDINANCE RECITING THE CIRCUMSTANCES OF THE HOUSTON LIGHTING & POWER COMPANY (HL&P) STATEMENT OF INTENT TO CHANGE ELECTRIC RATES; '"""'"" '"`SUSPENDING THE SCHEDULE OF RATES OF HL&P FOR A PERIOD OF - ._~~ _.NINETY (90) DAYS FROM THE EFFECTIVE DATE THEREOF; AND PRO- VIDING AN EFFECTIVE DATE FOR THIS ORDINANCE. Motion was made by Councilperson Skelton to adopt Ordinance No. 1407 as read by the City Attorney. Second by Council- person Longley. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Gay, Skelton, Westergren, Longley, Matuszak, Pfeiffer and Mayor Cline Nays: None 3. There being no further business to come before the Council, the special called meeting was duly adjourned at 7:35 P.M. Respectfully submitted: ~~ Cherie Black, City Secretary 1 • ~~ • ~'' A C Minutes, Special Called Meeting, La Porte City Council July 11, 1984, Page 2 Passed & Approved this the 18th day of July, 1984 Virginia Cline, Mayor C ,~ • • r ~ =-- • ., Henningaon, Durham ~ Richardson Suite 125 1 c^70'J HwCrest Road Daces. TX 7523D-209E ~214~ 980-0001 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. a~-~. ~ ...., .. G c "ire^•~•r; ~~~•~~-- Section 3 - Time of Performance shall be amended to reflect ~~° ~E"' = ~ that HDR will prepare the draft permit _ '-~r~`~ ~ application within sixty (60) days of receipt of all required information to be provided by Alexandria others (geotechnical firm report, aerial Atlanta ustin photographs, topographic maps, property legal harlotte description, etc.). The remainder of the hi=Bso project schedule is controlled by the Texas Da"as Department of Health. Denver Houston Minneapolis Norfolk Omaha Pensacola Phoenix I Santa Barbara ~ Seattle ,~ • '~ • ~~• n U 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:v Mr. Jack Owen, City Manager, City of La Porte °~ 5~.~.--' ....~l...s ', { ~[ • ~ • ~' ~ • 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-surface 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. ~~ ` .. • • rte. • Exhibit B Page 2 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: a. All-weather roadway construction b. Drainage features, culverts, ditches c. Monitoring wells (water and gas) d. Methane control Typical Fill Cross-Sections Prepare cross-sectional drawings showing: • a. Existing grade _ b. Final grade c. Limits of excavation Ground and Surface Water Protection Facilities Develop design and show alignment and cross-section of all required drainage facilities. Landfill Completion Plan 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). ~~ • ~ • f~ • Exhibit B Page 3 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. .~ -- ~' S • ~~ J • .~ .~ ~ Q~ ~ X ..~ ~ ~ ~ C~ + ~ ,a; V ~~ O y 0 ~ .~.r ~ V = J •~ ~ y- Q ~ ~ 0. J ~_ >, U L `~ .~ 0 z v a a~ N ao Q ~ ~ a 0 .~ v c ~. .. u a, p 0 z ~r ~O o+ a a~ N ao ~• • ~ • ~_ ' a0+ i C r.+ QD C ~ C = C = 3 QD 'p ^ 'p ~+ in to ~ .O C .y C ~ ~ p C p O C C C ~ C C ~ ~' C ~ - ~, y ~, oc = O y C ~ c .a noo o ~ ~ c a ~. cc ~. v •> a C7 v a a~ V eo v a Q `~- ~ ro ~ ~ a ~ > •~ o z ' ~ b ~ ~ ~ ~ ~o E v 0 in a+ pCp '~` C ~' p ii 4J ` p a0 •v ~ C p cn to ~ d ~ ~ ~ ~~ .3 y ii ~ !Q v C V dS h .D C to = N X C C '^ ~, •O C ~ 0 W CO ~d0 m U ~ A ~ ~ m ~ p•c Q ~ C •~ F- G' c ~" '~ v O C O ~ '~ '~-°' ~ ~ yN ~ d ~ O ev t%i ~ a . ~ o a` ... v u ,y O Z ~6 ~~ • n v o, ~ 0 ~_ '° i i • •~ ORDINANCE NO. • 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 Barry Oaks Court Shady Tree Court Wood Drift Court New Street Name Hedgestone Court Shady Tree Lane Kensington Court Wood Drift Drive 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. • Ordinance No. , 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. CITY OF LA PORTE By: Virginia Cline, Mayor • ATTEST: City Secretary APPROVED: C.J ` City A torney C,J F~ 1 `r • MEMORANDUM July 13, 1984 TO: Mayor and City Council FROM: City Secretary SUBJECT: Agenda item 11 - Resolution for the Termination o~f Step I EPA Grant, Lomax Planning Area A copy of the resolution will be at your place at the Council table at Wednesday's meeting. Cherie Black N~ C N ~ 'd ~ ~ a ~ o0 .a N a1 c d ~ H L~ Oq VS H N H 4l ~y •n u +~ a~ ~-. t0 N H H O W +-~ ~ ~ N C~ H U .-1 '-1 ~ H '1'-. V VI .a ~ ~ ~ iJ L u ~ O N ;b ,d ~ H W H r1 O t/~ ~ -~ W W ~ [~ U tt1 r1 .- . O C+1 .~-1 w ¢ U a a ar - - H H ~ O N O > O ~ H ~O N H ~a~~ w a~ ~ ~ ~ d ~ . a~ ~ w s+ o ~d u u v H O N N H O d •~ O N ~7 N ~ E U ~ ~ N u1 ~ O~ q t~ H U a .n N n O~ ~ n ~ ~ a0 ^'a u1 ~O a.i 'd a~ N 1~ I~ 1~. ~? W r-i ~ ~ d °D ~ .~ ~ O n a~ . ~ ~ c~1 ~n ir1 Q. O ~ W ~ ~ ~1 ~O ul ~t H _ _ ~ ~:o d H H N a~ b O O }+ H ~ ~ ,00 .E-1 1J Ul p U «S ct1 O W N W ~ ~ H H ~ ~ ~ Cl t0 N H U W '~ c0 r-1 r--I ~t ~ ~ Q W O ~O N ~O ~O H S-i (n p P4 O' cd CYl ~ ~ Cn iJ ~ 00 ~ N W V] N 00 b b N ~ N rl n w .r{. .,~ w .. °' ~ ~ °a °ra ~ z ~ .~ ~ ~ ~ ° ~ w o v a • • z z - H U _ C. N 00 ~O N i ~ ~ ~ vw~+ H @ td 00 H ~ Oq ,a cd O ~A O N V] H O H b t~ N t ~ ~ 1 ~ td W O ~O 01 ~ O~ N V] C/1 b JJ l0 00 ~t Ul V1 y ~ ~O 00 N 01 01 A N 'O H U] Ul u'y c+1 .-~ N ~O . ~ ~ ~ Nl C'~1 ~t c+1 ~t ~ f j ~7 vl ~O ~/1 ~O W O U a ~' ~' ~ ~ ~ V1 U ~ __ pq N ~O ~O W d ~ z O . H u ~ ~ i r A w q Fa ~'' ~ ~ U 1a H O U W O . H ~ ~ O U W U .--I ~.ri z ~ w ~ ~ x ° a i 3 ~ + 3 u ~j r+ --+ ¢ O U G O ~G N ~ pa U ~'.. cd Oq U H W x . w z~w aH~ o~+H --~ U VI CJ CITY OF LA PORTE INTEROFFICE MEMORANDUM T0: J Owen - City Manager DATE: July 11, 1984 FROM: ~ Joerns - Director of Community Development SUBJECT: B d Tabulation: City of La Porte - Street Paving and D ainage Program HCS~ 1711-84 CLP X84-4401 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 MEMORANDUM July 13, 1984 TO: Mayor and City Council FROM: City Secretary SUBJECT: Agenda item 11 - Resolution for the Termination of Step I EPA Grant, Lomax Planning Area A copy of the resolution will be at your place at the Council table at Wednesday's meeting. Cherie Black ,• ' • T0: CITY MANAGER FROM: DATE:, . J.L. Sease .July 3, 1984 REQUEST FOR CITY COUNCIL~AGENDA ITEM 2. X ~ Report 1. Agenda Date Requested: July 11, 1984 Resolution Ordinance 3. Project Summary: Discuss awarding bids for 1500 GPM fire apparatus 4. Action Required: Council award bid to recommended bidder 5 .. Alt~ernat ive 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 t~ No Re sted By . 9. 1V1 ~,~qy VVUIICII Hgenaa ~~ y~~~- Manager Date • CITY OF LA PORTE INTER-OFFICE MEMORANDUM T0: Jack Owen FROM: J.L. Sease SUBJECT : Bids on 1500 GPM Fire Apparatus • DATE : Juiy 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. 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. 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. i • • July 3, 1984 zNTER-OFFICE MEMORANDUM T0: Jack Owen SUBJECT: Bids on 1500 GPM Fire Apparatus Pg. 2 The bid specifications as submitted to the bidders were fair and all bidders could have complied completely, had they desired to do so. A ~.L. Sease ITEM: Sealed Bid 40042 pierce • American Emergency Sut~n Peter S & L 1500 GPM Triple Comb. Mfg. Inc. La France One, Inc. Corporatio Pirsch & Seagrave~Inc. Custom Pumper Apparatus Claude Sons Co. Wright Appleton, Houston, cala, Amlin, enosha, Austin, _ Wisc. Tx. Florida Ohio Wisconsin Tx. 1. 1500 GPM-Triple Combination. $131,960.00 $138,898.0 $129,726.00 $133,561.0 $124,769.00 $129,135. Pumper Apparatus I 2. Estimated Delivery Time 24~avs300 q~,5 na~~ tstn ,,,,..,, 30~_-_365 ,.,_ _ 210 - 240. in Davs 3. State Terms of Warrant a. Engine/Transmission b. Body, Chassis & Pum c. Booster Tank 4. Bid Bond 5. Miscellaneous racxage Bid Rejected - Incomplete Bid ~ Bid Rejected - Alternate Aluminum Cab Pump Bid Rejected - Substitution K Low Bid Meetin Specs. ro-Rated Pro-Rated Pro-Rated Pro-Rated Pro-Rated ro-Rat d e 1 Year 1 Year 1 Year 1 Year 1 Year 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 35 7. for Loose • CITY OF LA PORTE INTER-OFFICE MEMORANDUM T0: Jack Owen FROM: J.L. Sease u DATE : July 3, 1984 SUBJECT: County Contract Eor 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. .L. Sease • CITY COUNCIL_AGEADA ITEMS T0: CITY MANAGER FROM: Robert T. Herrera DATE: 7/13/84 Jack Owen REQUEST FOR CITY COUNCIL AGENDA ITEM 1. Agenda Date Requested: City_Council_Meeting_=July 18, 1984 2. _XX__ REPORT; ~ RESOLUTION; ___ ORDINANCE 3. PROJECT SUMNARY: 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:~0 0 0 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 ~NO REQUESTED BY: ITY COUNCIL AGENDA C~/t7Y MANAGER _~- ~3 ~ ~~ DATE • • KNOX W. ASKINS, J. D., P. C. ATTORNEY AT LAW 702 W. FAIRMONT PARKWAY P. O. BOX 1218 JOHN D. ARMSTRONG, J.D. LA PO RTE, TEXAS 77571-1218 TELEPHONE ASSOCIATE 713 471-1886 July 18, 1984 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, ~N ' 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 .. ,. ~~ , T0: FROM: SUBJECT: ann a ontract for Hot Mix and Black Base to ~~~~BVED • INTER-OFFICE MEMORANDUM JUNE 20, 1984 L. Morris - Street Superintendent J. Hodge - Director of Pub Wo s J. Ray - Purchasing Age Sealed Bid 4'0045 - Hot ix, Black Base, .and Hot Mix-Cold Lay Advertised sealed bids 440 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 lOX 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 2~ increase over the price currently being paid by the City of La Porte. 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 1 Parker Brothers on the basis recommend awarding the annu Material an.the.basis of .sol ta:~tadcliff .Material.'. for Hot to perform during the life of I trust this recommendation JR/mb c.c : B . Herrera 7-~o-g~F- CITY MGR'S OFFICE to b meeting spec if ications. I also ontr for Hot Mix-Cold Laid Asphalt to Radcliff sour and the award of~a contingency contract ack Base should Parker Brothers be unable :h. o ract. L1 meet ••iaith your approval. r f ITEM: SEALED BID 40045 Hat Mix (Mod D), Asphalt ~ Radcliff Parker APAC, Stabilized Base (Black Base), and 'Natl. Inc. Brothers Texas Hot Mix-Cold Laid Asphalt 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 3. A. Hot Mix-Cold Laid Asphaltic Concrete Pavement - Delivered B. Picked Up 26.25/ton $26.30/ton ~No Bid 2.95/ton $22.30/ton ~No Bid 25.25/ton $23.35/ton ~No Bid $21.95/ton $19.35/ton ~No Bid $27.85/ton~ No Bid ~No Bid $24.95/ton~ No Bid ~No Bid Prices Prices Under 1983- Under 1983- 1984 1984 Con- Contract tangency 031-06-84 Contract 30-06-84 032-06-8~ 029-06-84 033-06-8~ 23.95/ton 23.95/tc 20.00/ton 20.75/to~ $22.95/ton ~$23.45/t~ $19.00/ton $20.25/tc $28.95/ton ~ N/A $26.00/ton N/A • 'r • EMPLOYEE OF THE QUARTER - KATHY HUTTON Kathy Hutton has been an employee of the City since April 1975, and has worked her way from cashier in the Customer Service Department to her present position of Accountant I in the Finance Department. Kathy has attended school at night during her 8 years of employment to obtain an Associates Degree in Accounting, and plans to finish this work in the near future. Kathy performs her normal tasks and volunteers to help others. She spent many hours maintaining accurate detailed records for federal reporting to FEMA in order for the City to receive federal funds for damage incurred by Hurricane Alicia. FEMA has complimented Kathy on her labors, and it is estimated that the City would have lost several hundred thousands of dollars without these detailed records. Kathy has worked above and beyond the call of duty. Recently, she suffered an attack of appendicitis, but continued to work diligently to complete her responsibility in the Finance Department before going to the emergency room. She was admitted and underwent surgery. Kathy has been a valued employee and we look forward to her association with the City for many years to come. I .. -- T0: _ CITY MANAGER FROM: DAT~:..•July 2, 198+ •• •• Jerry Hodge.: :~ REQUEST FOR CITY COUNCIL'AGENDA ITEM 2. X Report 1. Agenda Date Requested: ~ ~~ - g _ Resolution T • Ordinance 3. Project Summary: Annual contract to purchase asphalt based materials. 4. Action Required: Approve recommendations to accept low bid and execute contract. 5 .. Alternative Buy on the spot market. 6.~ Recommendation Accept bid. 7. ~ Exhibi:tsr Attached. 8. Availability of Funds: General Fund Water/Wastewater Capital Improvmt. General Revenue Sharing Other Account Number: Funds Avai~able: X Yes No - -~ 9. Ci naaer „e+e • • ~0 i i i '6~ ,~. L '~ > ~ ~~w- mop - ~~~~~ - ,~. r~~ ~ ~~` ~ ~ , ~~~ ~ ~~ ,~,. ,~, -~ • • ~. ~~ ~~ ~/ ~~/ The Lakeland Group 1500 Dairy Ashford -Suite 250 Houston, Texas 77077 713/556-llll July 2, 1984 Mr. Jack Owens City of LaPorte P.O.Box 1115 LaPorte, Texas 77571 RE: Bayou Forest Subdivision 110.7 Acres, W.P.Harris Survey, Abstract 30 Harris County, Texas Water Supply Request Dear Mr. Owens: As we have discussed, it is our desire to secure water from the City of LaPorte to service our project at the SEC of new Hwy 146 and McCabe Road. The Bayshore Municipal Utiiity District (BAYMUD) has been unwilling to issue a commitment to provide water due to the limitations of their existing system and related permits. During our recent meeting in your office, and more recently at a workshop session with BAYMUD, they have expressed the intention of sending a letter of request to you. They have also expressed uncertainty relative to which entity would actually be purchasing the water--Lakeland Group, BAYMUD, or the Property Owners Association for the tract. Since this is unclear and can be determined at a later date, we are writing to request the City's approval for the sale of water for this purpose subject to negotiations to resolve such open issues. BAYMUD has expressed deep reservations relative to their ability to issue a commitment if they are to rely on LaPorte for their source of additional water. Their primary stated concern relates to one state- ment made by you in our recent meeting. Specifically, that water may not be available if other needs develop within the City Limits. You did not clarify if this meant water could be cut off from future develop- ment, from existing users, or only in an emergency. In addition, even though you made it clear that LaPorte had the capacity to serve our entire project, they have expressed concern that the Subsidence District will cut your well permits, thus causing the inability of BAYMUD to service our tract. Mr. Jack Owens • • City of LaPorte July 2, 1984 Page Two Based on our current information, the 12" water line along our north property line would be sufficient to service our needs for the project. I have attached a summary of the anticipated requirements based on the preliminary land plan which is also attached. We propose to install one meter to be read by your employees for the billing. You would not have any maintenance responsibility within the project and would not be involved~i.n the reading of individual meters or the related billing. It has been suggested that a ground storage facility be constructed on our site. This would benefit our project now and could serve as an entry point in the future for surface water source. It would be our intention to construct/pay for those improvements that are required and directly related to our tract. Again, based on current information and the projected 4-7 year build out schedule, no improvements appear!. to be required for some time. Regarding surface water; if we enter into a contract to buy water from LaPorte, we would commit to purchase water from the Water Authority, if practical, or to continue to buy from the City, if not. We therefore request that you present our request to the City to first determine if they will provide the water. Secondly, as we discussed, since this will be a bulk purchase, would they consider a rate that reflects that and the reduced effort on your part relative to maintenance of the system. Once this is determined, we can then resolve the issues on which entity will buy the water and what th.e conditions of the contract will be. I want to thank you for your cooperation and the consideration shown to me in our meetings. Should there be any questions, please contact Mr. Wally Grabbe or myself at the number;:above. I understand that you intend to place this on the agenda for the 7/11/84 Council meeting. If there are any additional copies or exhibits you require, please advise. Very truly yours, THE D GROUP ~ .~ Kentner P. Shell encl: WATER DEMAND PROJECTION BAYOU FOREST SUBDIVISION Single Family Lots 387 @ 455GPD Reserves: L~ A MF/Comet 7.7 Ac. 25 Units/Ac. 250GPD/Unit B Comm; 11.4 " ZO " " C MF S.2 " 25 " " D MF 5.5 " 25 " " 176,085 GPD 48,125 28,500 32,500 34,375 Total 319,585 GPD ~ p•=~ ~~ ~~~~ ~~ i ~~ ~~ ~ ~~ /~ b1~ 'p aa~ ~~ a~6~ ~~ ~ ' i~ ~~~ec ile ~ s ~ .~ . • .,~-••• ". ~ ~ :~, ~ _ r• ~ ~a o -------- -- - - ~ ~i ~1 ` s , • s • -~L s e V , -_ , ' • • .~ - _ ~ \ ~ : .~.~~. .l _: ~ . , x e ~/ • R r ' ' , L w J ~ ~ • , j\ R ~ ~ ~ ~ t 8 O ~o~ r~ ~ \ R ~ LL l • i s s s ~ • • • e ~~ ~~ • ~ ~~ ~ ~ ~ ~ ~ ~ = 1 ~ ,_ • 0 , ~ •• ~• • , ~_ ~ ~ \ ~ ~. J C "~ ~ 7 °° • ~. /. \. `;~ .,./.I ~ a ~ ~ ~!~ ~! - , ~ L ~,',~'~ T ~- _ a rM~~ ' ~ _~, ~, ~_~.~.~ ~r IW~1 W O N~Y1 i~ iM I~01~ RO IIMYI ~13~'ou c~orest~ cSu~~vision~ ~~~ ~~ 70 ,00 ,•:, NORTM MMEw: It~YAV .. L11M 1000 OA-i AoMaO - OINK 200 ~" Norton, To~u 77077 0 00 700 MO 7if/OMtttt • AGENDA WORKSHOP MEETING FOLLOWED BY A SPECIAL CALLED MEETING OF THE LA PORTE CITY COUNCIL, TO BE HELD IN THE COUNCIL CHAMBERS OF THE CITY HALL, 604 WEST FAIRMONT PARKWAY, LA PORTE, TEXAS, ' BEGINNING AT 6:00 P.M. 1. CALL TO ORDER 2. PROCLAMATION - SENIOR CITIZENS BOWLING MONTH 3. ALFRED GARCIA - REGARDING WATER AND STREETS DISCUSS CHANGE OF STREET NAMES IN BROOKGLEN SECTION III - ~A~-~ . J. Joerns ~~~.- DISCUSS BIDS FOR STREET PAVING AND DRAINAGE IMPROVEMENTS - J. Joerns C j (6.J DISCUSS TERMINATION OF STEP I OF EPA GRANT, LOA_~X PLANNING ~~../~ AREA - J . Joerns ~~- ~ 7. DISCUSS THE ENCROACHMENT OF "WEST O" WEST OF POWELL ROAD (S. 16th) - J. Joerns ~(=L~ 8. DISCUSS AWARDING BID FOR FIRE APPARATUS - J. Sease ~t_~.C, DISCUSS APPROVING AGREEMENT WITH HARRIS COUNTY FOR FIRE PROTECTION IN UNINCORPORATED AREAS - J. Sease G ~_L~ 10. DISCUSS REQUEST OF LAKELAND GROUP FOR WATER SERVICE - J. Owen ~~,11. DISCUSS AMENDMENT TO SCOPE OF SERVICES BY HDR FOR SANITARY ~( ~./ LANDFILL DESIGN AND PERMIT APPLICATION - J. Owen 12. EXECUTIVE SESSION - V.A.T.S. - ARTICLE 6252-17, SECTION 2(E), (F), (G)'~- (LEGAL, LAND ACQUISITION AND PERSONNEL) 13. ADJOURNMENT SPECIAL CALLED MEETING 1. CALL TO ORDER ~f! ~ 2. CONSIDER ADOPTING ORDINANCE SUSPENDING SCHEDULE OF. RATES OF HOUSTON LIGHTING & POWER COMPANY - (Ord. 1407) - K. Askins 3. ADJOURNMENT -~- ~ !~ e ~ ~ i + bi 'Ury, z F n ~ • ~~ O F TF P + ~ ~, + ~, OFFIGE OF~ THE MAY013 /~ / ~' ~ D Q CITY OF PASADENA ~- s o~' TExAS ~~e ~~ ~~~~ Op PA`~P ~' s JOSxxY IsssT_T_ MAYO R June ll a 3.984 inclosed beret.*3.th is a draft resalur.fon which we believe will start the grocers which we discussed at Wednesday's meeting with reprs~sentatives of C.I.W. A. This process is summarized. below: 1} Cities adapt resolution. expressing interest in developing study to determine cos*_s associated with obtaining long range surface water supply. 2} C.3:.W,:~f,. , using of {.r,.terest, pror_esds to prepare study desl.gn, scope and crest estimate, 3} Mayors' of cities meet to discuss study design and allocat:i.on of cosCs far study. 4}~ Resolutions are considered by interested cities to authorize study and pay proportionate shore of study cost. If there is insuffic:Ient interest to proceed, ' ~ then. unified efforts to achieve water independence are suspended. Should you have any questions concerning this process, please ,call Mayer Ralph. Lowe or •mpself. The attached Resolution is merely an expression o.f interest and does not bind or obligate our cities i.n any way. Johnny Isbell /cl at t.aclimeat s r_ INTER-0FF'ICE CORRESPONDENCE ~Q; P+lAYOR JOHNNY ISBELL ~DII'~: _ ED _WHEELER. CITY ATTORNEY Subject:A RESOLUTION REQUESTING THAT THE COASTAL INDUSTRIAL WATER AUTHORITY P.REPA~2E A SCOPE AND SURFACE irdATER SUPPLY STUDY FOR SOUTHEAST HARRIS COUNTY AND PORTIONS OF GALVESTON COUNTY L. D. File 529 Date: JUNE 7 , 19 8 4 Attached hereto is formal resolution that we told the various cities we would prepare for their use at the June 6, 1984 meeting. ~~ ED WHEELER " CITY ATTORNEY EW:mlp Enc. ~ y ~ • i A RESOLUTION REQUESTING THAT THE COASTAL INDUSTRIAL WATER AUTHORITY PREPARE A SCOPE AND COST SURFACE WATER SUPPLY STUDY FOR SOUTHEAST HARRIS COUNTY AND PORTIONS OF GALVESTON COUNTY. WHEREAS, the City desires to investigate a perman- ent solution for its future water needs; and, WHEREAS, a preliminary study must be made to deter- mine the viability of each city's pa.rticipation.in an area- wide plan; and, WHEREAS, representatives of the Coastal Industrial Water Authority will request permission from their board of trustees to prepare a scope and cost surface water supply study for Southeast Harris County and portions of Galveston County, if area Cities show interest; NOW THEREFORE; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF (Name of City) •Texas requests that CIWA prepare a scope and cost surface water supply study for South- east Harris County and portions of Galveston County. PASSED, APPROVED AND ADOPTED THIS THE day of A.D., 1984. (Signature of Piayor) (Typed Name of I~layor) MAYOR OF THE CITY OF (Name of City) Texas ATTEST: APPROVED: (Signature of City Secretary) (Signature of City Attorney) (Typed Name of City Secretary) (Typed Name of City Attorney) CITY SECRETARY CITY ATTORNEY CITY OF (Name of City) ~ CITY OF (Name of City) Texas Texas ~• i • _. A RESOLUTION REQUESTING THAT THE COASTAL INDUSTRIAL WATER PkIITHORITY PREPARE A SCOPE AND COST SURFACE WATER SUPPLY STUDY FOR SOUTHEAST HARRIS COUNTY AND PORTIONS OF GALVESTON COUNTY. WHEREAS, the City desires to investigate a perman- ent solution for its future water needs; and, WHEREAS, a preliminary study must be made to deter- mine the viability of each city's participation in an area- wide plan; and, WHEREAS, representatives of the Coastal Industrial Water Authority will request permission from their board of trustees to prepare a scope and cost surface water supply study for Southeast Harris County and portions of Galveston County, if area Cities show interest; NOW THEREFORE; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF requests that CIWA prepare a scope and cost surface water supply study for South- east Harris County and portions of Galveston County. PASSED, APPROVED AND ADOPTED THIS THE day of A.D., 1984. MAYOR ATTEST: CITY SECRETARY OF THE CITY OF APPROVED: CITY ATTORNEY CITY OF CITY OF • H. CARLOS SMITH ENGINEERS AND SURVEYORS INC. 718 S. Broadway P.O. Box M F La Porte, Texas 77571 (71 31 471-4226 October 10, 1983 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 Rhhabilitation 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-.Negatia.ting: and Construct- ion Administration~,~and such supplementary services as you may request. You will pay us for our services: * a f ee 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 your acceptance of this proposal and to complete our services within 2 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 • construction within your budget and, where appropriate, request an adjustment in 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, an 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, we 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 604 West Fairmont Parkway La Porte, Texas 77571 Accepted this day of 19 Very truly yours,. ~~ ~~~~ H. Carlos Smith, engineers & Surveyors, Inc. By • GENERAL PROVISIONS Attatched to and made a part of LETTER AGREEMENT dated October 10 _, 19_83 between City of La Porte, Texas (Owner) and u_ c„-i„~ Smith} F.nginPPrc ~ S,urveTorsTtaa.- (Engineer) in respect of the prof ect (Project) 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 sfiaTl 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 spec if ication. 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 OWNEit. 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 Spec if ications. 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". Page 3 of 13 1.4. BIDDING OR P7EGOT~ING PHASE. • 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 OWNER 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 qualified 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 mean s, 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 d~f fined 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 Page 4 of 13 safety precautions and grams incident thereto); dete~ne 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 th'e.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~con.tinuous 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 e.xpressed), but any such recommendation and notice shall be subject to the 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.T. 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. Page 5 of 13 SECTION 2 ADDITIONAL~RVICES 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: *. 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 Iiy•~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 Contractior(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~rang'as a consultant or witness in any legal or administrative proceeding or public hearing. ~ Providing services normally furnished by OWNER. Page 6 of 13 2.2. If the parties a~e, ENGINEER shall provide res~nt 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 inspectd.on services to determine if Contractor(s) are performing the work legally. * Provide field control surveys and fix reference points and base lines. ~ Furnish approvals and permits .from all governmental authorities having jurisdiction over the Project. 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 fog 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: Page 7 of 13 4.2.1. For ~pleted construction work the •al 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 sped ified 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. '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, suryeymen, designers, draftsmen, specification writers, estimators, other technical 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, worl~en~as 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 Registered Surveyor Engineer Assistant_ Draftsman Inspector, (Full Time) Computation & Computer Time Clerk-Typist Survey Field Party: 2 Men 3 Men 4 Men E. D. M. Title & Record Seareh Mileage From and Return to La Porte (OUTSIDE HARRIS COUNTY) $60.00/hr. $45.00/hr. $25.00/hr. $45.00/hr. $35.00/hr. $17.50/hr. $55.00/hr. $65.00/hr. $80.00/hr. $60.00/hr. $45.00/hr. $0.30/Mile 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 _ _ Page .8 of 13 project-related items addition to those required un~ Section 1; expenses of photographic production techniques; and, if authorized in advance by OWNER, overtime work requiring higher than regular rates: Where 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 %, 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 %. SECTION S - MISCELLANEOUS 5:1. REUSE OF DOCUMENTS All documents including Drawings and Specifications prepared by ENGINEER pursuant.: to this Agreement are instruments of service d.n 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 spec if is 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_conditioris:, his opinions of probable Project Cost and Construction Cost provided for herein are to be made on the basis of his experince and qualif ications 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 considered• 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 1% 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. Page 9 of 13 5.5. SUCCESSORS AND ASS~S • 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 benef its hereunder to anyone other than OWNER and ENGINEER. 5.6. ARBITRATION, 5.6.1. All claims, counterclaims, disputes and other, matters in 4uestion 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.piovided in this paragraph 5.6. will be specifically enforceable under the prevailing 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 render 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 anti 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 Page 10 of 13 claim, counterclaim, di~ite or other matter in questio~ill 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 . Page 11 of 13 EXHIBIT A to GENERAL PROVISIONS attached to LETTER AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES, dated October 10 ~ 19 83 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-: cared below and the time periods for the performance of certain services as indi- cated in said General Provisions are stipulated as indicated below. n 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, 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 calendar days following written authorization from OWNER to ENGINEER to proceed with that phase of services. S. BIDDING OR NEGOTIATING PHASE: 'No Amendments 6. CONSTRUCTION PHASE: Definition: 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. Page 12 of 13