HomeMy WebLinkAbout1985-06-10 Regular Meeting~ ~
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MINUTES
OF THE
REGULAR MEETING OF LA PORTE CITY COUNCIL
JUNE 10, 1985
1. The meeting was called to~order by Mayor Malone at 6:00 P.M.
Members of City Council Present: Mayor Norman Malone,
Councilpersons Delbert Walker, Ed Matuszak, Betty Waters, B.
Don Skelton, Linda Westergren
Members of City Council Absent: Councilpersons John Lloyd,
Lindsay Pfeiffer, Deotis Gay
Members of City Staff Present: City Manager Jack Owen, City
Attorney Knox Askins, City Secretary Cherie Black, Assistant
City Manager Richard Hare, Police Chief Herb Freeman,
• Purchasing Agent Jackson Ray, Director of Community
Development John Joerns, City Engineer Bob Speake, Director of
Public Works Jerry Hodge
Others Present: Members of the Safety Committee; John Paul
Zemanek; Assistant City Attorney John Armstrong; Planning and
Zoning Commission Chairman Andy Wilson; former Planning and
Zoning Commission Chairman Doug Latimer; Pam Smith, Bayshore
Sun; Linnea Schlobohm, Baytown Sun; 8 citizens
2. The invocation was given by City Attorney Knox Askins.
3. Council considered approving the minutes of the public hearing
and regular meeting held May 13, 1985.
Motion was made by Councilperson Waters to approve the minutes
of the public hearing and regular meeting held May 13. 1985,
as presented. Second by Councilperson Matuszak. The motion
carried, 6 ayes and 0 nays.
Ayes: Councilpersons Walker, Matuszak, Waters, Skelton,
Westergren and Mayor Malone
Nays: None
4. Council considered approving the minutes of the special called
meeting held May 20, 1985.
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Minutes, Regular Meeting, La Porte City Council
June 10, 1985, Page 2
Motion was made by Councilperson Skelton to approve the
minutes of the special called meeting held May 20. 1985,E as
resented. Second by Councilperson L,Iaters. The motion
carried, 6 ayes and 0 nays.
Ayes: Councilpersons Walker, Matuszak, Waters, Skelton,
Westergren and Mayor Malone
Nays: None
5. The Mayor presented proclamations for Safety in the Workplace
Week and Pause for the Pledge Day.
6. John Paul Zemanek, Executive Director of the La Porte-Bayshore
Chamber of Commerce, presented the Mayor with a Resolution
from the Chamber supporting the upcoming bond election.
• 7. Council considered an ordinance exempting La Porte Independent
School District from water and sewer fees.
The City Attorney read: ORDINANCE 1443 - AN ORDINANCE
EXEMPTING THE LA PORTS IAIDEPENDENT SCHOOL DISTRICT FROM WATER
AND SEWER FEES UNDER ORDINANCE N0. 759-E, FOR THE CONSTRUCTION
OF LOMAX JUNIOR HIGH SCHOOL; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
Motion was made ~ Councilperson Westergren to adopt Ordinance
1443 as read by the C~y_A~tornev. Second by Councilperson
Matuszak. The motion carried, 6 ayes and 0 nays.
Ayes: Councilpersons Walker, Matuszak, Waters, Skelton,
Westergren and Mayor Malone
Nays: None
8. Council considered adopting the Development Ordinance.
Motion was made by Councilperson Matuszak to adopt the
Development Ordinance. Second by Councilperson Walker.
After discussion of various aspects of the ordinance,
Councilperson Skelton amended the motion to read "adopt the
Development Ordinances subiect to approval by Council of the
Public Improvements Criteria Manual (PICM)". Second by
• Councilperson Westergren.
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Minutes, Regular Meeting, La Porte City Council
June 10, 19$5, Page 3 .
After explanation by staff as to what the PICM consisted of
and how it would be used, and discussion of park land, the
City Attorney then recommended that the ordinance be passed on
the original motion, since the PICM would have to be approved
by Council at any rate.Councilperson Westergren then
withdrew her second and Councilperson Skelton withdrew his
motion.
After further discussion, motion was made by Councilperson
Westergren to table this ordinance until the next rneetin~.
Second by Councilperson Skelton. The motion failed, two ayes
and 4 nays.
Ayes: Councilpersons Westergren and Skelton
Nays: Councilpersons Walker, Matuszak, Waters and Mayor
Malone
• The City Attorney read: ORDINANCE 1444 - AN ORDINANCE
PROVIDING RULES AND REGULATIONS GOVERNING THE PLATTING OR
REPLATTING OF LAND INTO SUBDIVISIOIdS IN THE CITY OF LA PORTS
AND WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF LA
PORTS; RETAIIdING THE RIGHT AND POWER OF THE CITY OF LA PORTS
TO EXCLUDE LAND IN INDUSTRIAL DISTRICTS FROM THE TERMS,
CONDITIONS, AND AFFECTS OF THIS ORDINANCE, AND REQUIRING PLATS
AND REPEATS TO CONFORM TO SUCH RULES AND REGULATIONS IN ORDER
TO PROCURE THE APPROVAL OF THE CITY PLANNING AND ZONING
COMMISSION OF THE CITY OF LA PORTS; FURTHER PROVIDING THAT
EVERY PERSON, FIRM, ASSOCIATION, OR CORPORATION OWNING ANY
TRACT OF LAND WITHIN THE CITY LIMITS OF THE CITY OF LA PORTS
. WHO MAY HEREAFTER ENGAGE IT] DEVELOPMENT AS DEFINED IN SAID
ORDINANCE OF ANY TRACT OF LAND OF ANY ADDITION TO SAID CITY
SHALL DEVELOP SAID LAND ONLY ACCORDING TO THE PROVISIONS OF
THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; R-E PEALING
CITY OF LA PORTS ORDINANCE N0. 705, TdGETHER WITH AMENDMENT TO
SAID CITY OF LA PORTS ORDINANCE N0. 705-A THROUGH 705=K,
INCLUSIVE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED
X200.00, WITH EACH DAY ANY VIOLATION OF THIS ORDINANCE SHALL
CONTINUE CONSTITUTING A SEPARATE VIOLATION; PROVIDING AN
EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN
MEETINGS LALd.
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Minutes, Regular Meeting, La Porte City Council
June 10, 1985, Page 4
The vote was taken on Councilperson Matuszak's original motion
to adopt the Development Ordinance (Ord. 1444). The motion
carried, 5 ayes and 1 nay.
Ayes: Councilpersons Walker, Matuszak, Waters, Skelton and
Mayor Malone
Nays: Councilperson Westergren
9. Council considered adopting an ordinance appointing a chairman
of the Planning and Zoning Commission.
The City Attorney read: ORDINANCE 1445 - AN ORDINANCE
APPOINTING A CHAIRMAN OF THE CITY OF LA PORTS PLANNING AND
ZONING COMMISSION FOR THE TERM EXPIRING APRIL 30, 987
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Motion was made ~ Councilperson S elton to adopt Ordinance
144tas read by the City_Attornev. Second by Councilperson
Westergren. The motion carried, 6 ayes and 0 nays.
Ayes: Councilpersons Walker, Matuszak, Waters, Skelton,
Westergren and Mayor Malone
Nays: None
10. Council considered awarding a bid for bank sand. This item
had been tabled from the meeting of May 20 at the request of
Councilperson Lloyd. The City Secretary stated she had been
in contact with Mr. Lloyd and he was willing to put the item
back on the agenda at this time, even though he would not be
able to be present at the meeting.
Motion was made ~ Councilperson Westergren to award the bid
for bank sand to R.S.H. Trucking Co., Inc., in the amount of
~4_4~_per cubic vard,~ and award a continency supply agreement
to Baytown Sand and Clay in the amount of $4 50 per cubic
ard. Second by Councilperson Skelton. The motion carried, 6
ayes and 0 nays.
Ayes: Councilpersons Walker, Matuszak, Waters, Skelton,
Westergren and Mayor Malone
Nays: None
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Minutes, Regular Meeting, La Porte City Council
June 10, 1985, Page 5
11. Council considered appointing members to Boards and
Commissions.
Mayor Malone recommended taking this item into executive
session, and it was so moved by Councilperson Westergren and
seconded by Councilperson Matuszak.
12. Council considered a resolution for a reimbursement commitment
to Exxon Pipeline airport project.
The City Manager explained that this work is required in
conjunction with Airport improvements that we are presently
taking bids on, and is in conjunction with an FAA grant that
we have received for airport improvements. The pipelines need
to be lowered in order for roads and taxiways to be built.
Exxon wants commitment from Council that they will be
• reimbursed for lowering the pipelines. This would be
reimbursable from the FAA grant on a 90-10 basis.
Motion was made by Councilperson Matuszak to approve the
resolution for a reimbursement commitment to Exxon Pipeline.
Second by Councilperson Skelton.
The City Attorney read: RESOLUTION 85-8 - A RESOLUTION
APPROVING AN AGREEMENT WITH EXXON PIPELINE COMPANY TO LOWER
ITS PIPELINES TO ACCOMMODATE CONSTRUCTION OF THREE TAXI LANES
AND ONE ACCESS ROAD AT THE CITY OF LA PORTE MUNICIPAL AIRPORT,
AND APPROPRIATING THE NECESSARY FUNDS FOR SUCH PROJECT; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
The motion carried, 6 ayes and 0 nays.
Ayes: Councilpersons Walker, Matuszak, Waters, Skelton,
Westergren and Mayor Malone
Nays: None
13. Council considered awarding a contract for construction of
Police and Fire Station parking lots.
Motion was made by Councilperson Matuszak to award the bid for
the construction of Police and Fire Station parking lots to
• $51,00 .40. Second by Councilperson Westergren. The motion
carried, 6 ayes and 0 nays.
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Minutes, Regular Meeting, La Porte City Council
June 10, 1985, Page 6
Ayes: Councilpersons Walker, Matuszak, Waters, Skelton,
Westergren and Mayor Malone
Nays: None
14. Council considered approving a contract with Turner Collie &
Braden for professional services on the EPA/City Step III
sanitary sewer rehabilitation project.
Director of Community Development John Joerns briefly
explained the contract, which had been previously discussed at
a workshop several weeks ago.
Motion was made by COU cilperso~ Matuszak to approve the
contract with Turner Collie &_Braden for professional services
on the EPA/City Step III sanitarv sewer r,e~iabilitation
ro'ect. Second by Councilperson Westergren. The motion
• carried, 6 ayes and 0 nays.
Ayes: Councilpersons Walker, Matuszak, Waters, Skelton,
Westergren and Mayor Malone
Nays: None
15. Council considered setting a date for a public hearing for
rezoning lots 161 and 162, block 10, section 2 of Spenwick
place from residential to commercial.
Councilperson Waters recommended July 8 as the date for this
public hearing. '
16. Administrative Reports
The City Manager reminded everyone that Saturday is the day to
vote on the bonds. .
The Mayor then read a proclamation for Emancipation Week,
which was accepted by Councilperson Waters, Chief Freeman, and
Travis Parker.
17. Council Action: Councilpersons Matuszak, Skelton, Westergren
and Mayor Malone brought items to Council's attention.
City Manager Owen requested an executive session on a legal
• matter, and Mayor Malone requested an executive session on
personnel.
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Minutes, Regular hieeting, La Porte City Council
June 10, 1985, Page 7
18. Council adjourned into executive session at 7:08 P.M. and
returned to the Council table at ?:52 P.M.
Motion was made by Councilperson Walker to anuoint Vivi
Covington, Lawrence Farias, Jeannie Zemanek,~ Gladys Roth and
Jack Humphrey to the La Porte Zoning Board of Adjustment, and
appoint Cecil Knight and Dr. Deborah Bernay as a ternates.
Second by Councilperson Skelton. The motion carried, 6 ayes
and 0 nays.
Ayes:
Nays:
Motion
Walker
• Fields
to the
Wester
Councilpersons Walker, Matuszak, Waters, Skelton,
Westergren and Mayor Malone
None
_was made by_Counciloerson Skelton to appoint Delbert.
Richard Browder, Robert Daniels, Fred Westergren, A~
1 Carlos Smithy Bryan Moore, Tom Handy and Tom Barrett
Fire Code Review Committee. Second by Councilperson
gren.~ The motion carried', 6 ayes and 0 nays.
Ayes: Councilpersons Udalker, Matuszak, Waters, Skelton,
Westergren and Mayor Malone
Nays: None
19. There being no further business to come before the Council,
the meeting was duly adjourned at 7:56 P.M.
Respectfully Submitted:
Cherie Black, City Secretary
Passed & Approved this
24th day of yJu/ne, 1985
Norman Malone, Mayor
Office of the
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MAYOR
~+ pF L ~ p0+I1
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CITY OF s~ ~~ LA PORTE
~C UlonFzpP.a.ce acc,%den~ each yeah. hi,ee abau~ 1 1, 000
Amehi.can~s and ~.n1 ulce an addcti.ona.~ 2.1 m,c,?.P,i.on wanhehd; and
UIHRREAS, ~h.eae accidents ca.a~ AmeJri.cana about $31 b.i.2,P.i.an annuaX,ey;
and
G1HFR>:AS, emp.~o yew and emp~o yee6 .c.n the pub.P..i.c anal pni.va#e a ecto~rb
mua~ recognize the need ~o aa~egucvcd the wonhi.ng p.ea.ce ~o ~ha~ we may
en1 o y a prsoductive and hea~P,thy env.ih.onment; and
G1~I~R1:AS, ~h.e Amers,i.can Soci.e~y a~ Satiety ~ng.inee~, e~s~a.b.2,i~shed .cw.
1911, .c,d an argan~,za~.ion ded~.ca~ed ~a the reduction os wonFzp.Cace acai.den~s
and dea~hb ~hnaugh the ~ca,cni.ng and deve2apment o~ h.igh~2y ~sfzi.~2ed pro-
bead.iana.P~s .cn. ba~ety and hea,Zth management; and
U1HFR~AS, the Saci,e~y ha,a nea~y 20, 000 membena .in .the United Sated
and mane khan 50 caun~ii,i,ea, wha w,ce2 be ca.P.iing a~,tenti.an ~o the deni,au,d-
ne~~ and magnctu.de a~ ~h,i.d prab.2em ~lvr.ough aprycaphi.ate activ.ct,%e~s; and
WHEREAS, ~hi,d endeavors .c,d wanthy o~ aun buppant and coapera~,i,an .da
ghat we may rseduce the ~a.P,~ a~ wanFzp2ace .inju~ried and dea~h~s;
NOW, THEREFORE, I, NORMAN MALONE, MAYOR ob ~h.e City ab La Pajrte, da
heh.eby prsoa2ai.m June 16 ~lvcaugh 22, 1985, ~o be
SAFETY IN THE WORKPLACE WEEK
.cn La Pafrte, and urge the citizew5 os ~hi~s City ~0 1o.in ~Gte membe~r.6 0~
the AmeJri,can Saci.ety a~ Sa~e~y Eng.cneend -cn. ~hevr. attelnp~d ~a ~c.mpnove ours
babe~y and hea.Zth.
IN WITNESS WHEREOF, I have heh.eunta .aet
my hand and caused the Seat a{~ the C.cty
05 La Vance ~a be asb.cxed herse~a, ~h.i~
.the 1 Ooh. day a 5 June, 19 8 5.
Orman A one, cyan
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o ~~e of the MAYOR
~,~ of t ~ p°~r
~~: ;~
CITY OF ~y LA PORTE
Sti~y.~J'te::: s `1 ~~~
rn~~a~ma~x~n
'~ June l4 tid ob~enved ae F.e.ag Day aeno.a~ the
Un.i~ed S~a~ed; and
(UHEREAS, F~2ag Day tid a day ob epec~.a.L necogn~.~~,on bon our
b.2ag and bon aun p.2edge ab a.~.Legtianee ~o ~.~; and
UlHEREAS, be~~~,ng ae~.de a ~pee~.a.2 ~~,me a~ wh~.ch a.E.Z Amen.icand
can ,~o~.n ~oge~hen ~a abb~.nm ~he,i.n be.2~.eb ~,n the bneedam nepne-
d ended b y aun b.eag wad begun ~,n 19 s 0 ~.n Ba.L~.Lmone, Man y.eand; and
GIHEREAS, a na~~,ana.Z Pauee ban the P.2edge ceremony .id head
each yeah, w.i~h mane khan 800 c~.~~.eb pan~~,c~,pa~~.ng; and
GlHEREAS, ~.~ tid be.2~ ~a be b~.~~~,ng and proper ban the C~,~y
ab La Pone ~o become a pang ob ~h~.~ eenemany ~a honan aun b.~ag;
NOG1, THEREFORE, I, NORMAN MAL.ONE, MAYOR ab the C.i~y ab
La Pane, da hereby pnae.~a~.m June 14, 1985, ~o be
PAUSE FOR THE PLEDGE OF ALLEGIANCE DAy
~,n ~h e C~.~y o b La Pone, and ung a e.i~~,z end ~o paua a a~ 6': 0 0 P . M .
an ~ha~ day and ~a~,n w~,~h ~hou~sandb ob o~hen Amen~,can~ ~.n
nepea~~.ng the pledge ob a.~.~eg~.anee ~o our b.eag.
IN WITNESS UlHEREOF, I have hereby bed my hand and eauaed
the Sea.L ob the C~.zy ~o be abb.i.xed hene~o, ~h~.b the 10~h day
ob June, 1985.
anman a one, cyan
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~lI~~Q of the MAYOR
'~+ ~~ `A PO+
~,~: . A'
CITY OF y ,! LA PORTS
~~~..
x~~~ama~i~n
~r*: The C.cty o s La Pante ded.vicea ~o pne~s env a ~h.e pni,de,
ach~,evement and ~.ntegnity a~ B.2acf~ liehi~age ~.n aun cammun,ity; and
GiHEREAS, cct,%zevi.b o~ the B.Qa.cf~ Community p.P,ccy an .important no.Ce ~.n
xla.e wee~cvice avrd deve2apment a~ the C.cty; and
UIHEREAS, we wau.ed recognize and commend the ach~.evemen~ ob ~11e B2acFz
Community a b La Porte; and
Ulf1EREAS, .inasmuch as June 19 .cd ~irad~itiona.22y the day ceeeb~,%ng
Emanci,pa~,i.an, which event enab.2ed the B2acfz Cammun.ity ~a can~ribu~e
~h.e.vc .c.deab and .~hi,2P,~ ~o the bettehment a~ a2.2 peap~2e; and
GIHEREAS, ~l~.e La Pante Community C.i,vtic C.2ub .c~ ~s paws oni.ng the annua.2
Jun2teen~h. Ce,~ebncLti.on on June 19-23, 1985;
NOUJ, TNEREEDRE, I, NORMAN MALONE, MAyCR a5 the C.cty o~ La Pante, da
helr.eby pnacQa.im ~h.e weef~ a~ June 11 ~lvcaugh 23, 1985, as
"EMANCIPATION WEEK"
.in the C.cty ab La Porte, and urge aP,e aiti,zena ~a pwc~,icipa~e .in the
~ee~,i.v.ct%e,6 p.2anned dc,vring ~ha~ weeFz.
IN WITNESS WNEREOE, I have heJceun~o eel my hand and carr.bed ~dce Sege
a ~ the C.cty ~o b e a~ b.ixed hene~a, ~hib l 0~h day o b June, 19 8 5 .
Narr.man A one, a yafr.
C~
ORDINANCE NO.
1443
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AN ORDINANCE EXEMPTING THE LA PORTS INDEPENDENT SCHOOL DISTRICT
FROM WATER AND SEWER FEES UNDER ORDINANCE NO. 759-E, FOR THE
CONSTRUCTION OF LOMAX JUNIOR HIGH SCHOOL; AND PROVIDING AN~EFFEC-
TIVE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTS:
Section 1. The La Porte Independent School District, a
governmental unit, is hereby exempted from the payment of water
and sewer fees to the City of La Porte, under Ordinance No. 759,
as am ended in connection with its construction of the Lomax
Junior High School.
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 alt 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 Ordinance shall he effective upon its pass-
age and approval.
PASSED AND APPROVED this 10th day of June, 1985.
CITY OF LA PORTS
By
Norman Malone, P4ayor
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Ordinance No. 144 3 Page 2.
ATTEST:
City Secretary
APPROVED:
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ty Attorney
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ORDINANCE NO. 1445
AN ORDINANCE APPOINTING A CHAIRMAN OF THE CITY OF LA PORTS
PLANNING AND ZONING COMMISSION FOR THE TERM EXPIRING APRIL 30,
1987
BE IT ORDAINED BY THE CITY COUNCIL OE THE CITY OF LA PORTS:
Section 1. The City Council of the City of La Porte
hereby appoint ANDREW MEREDITH WILSON as the Chairman of the
City of La Porte Planning and Zoning Commission, for the term
beginning June 10, 1985, and ending on April 30, 1987, or until
his successor shall have been appointed and qualified.
Section 3. All ordinances or parts of ordinances in con-
flict herewith are hereby repealed to the extent of such con-
flict only.
Section 4. 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 hereof.
Section 5. This ordinance shall be effective from and
after its passage and approval.
PASSED AND APPROVED, this the 10th day of June, 1985.
CITY OF LA PORTS
Fay
Norman Malone, Mayor
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Ordinance No. 1445 Page 2.
ATTEST:
City Secretary
APPROVED:
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City Attorney
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6 • • •
T0: CITY MANAGER FROM: DATA:.~.
.. .. Jerry Hodge 5/7/.85
REQUEST FOR CITY COUNCIL'AGENDA ITEM 2. x Report
1. Agenda Date Requested: a "~'? ' 8 ~ _ Resolution
Ordinance
3. Project Summary:
Sealed bid for supply of bank sand.
~+. Action Required:
Award bid and one (1) year agreement to low bidder, R.S.H. Trucking Co., Inc.,
for $4.45 per cubic yard, and award contingency supply agreement to second
low bidder, Baytown Sand and Clay, in the amount of $4.50 per cubic yard.
5 .. Alt•ernat ive
Buy on spot market.
6. Recommendati~gn
Award bid and one (1) year agreement to low bidder, R.S.H. Trucking Co., Inc.
for $4.45 per cubic yard, and award contingency supply agreement to second
low bidder, Baytown Sand and Clay, in the amount of $4.50 per cubic yard.
7. Exhibits:
Attached
8. Availability of Funds: x General Fund x Water/Wastewater
X Capital Improvmt. General Revenue Sharing
Other
Account Number: Various Funds Available: S Yes Nb
Jerry L. Hodge, Director of Public Works
Requested By '-
Counc
Date
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INTER-OFFICE MEMORANDUM
APRIL 30, 1985
T0: R. Hare - Director of Administrative Services
J. Hodge - Director of Public Works
S. Sherwood - Director of Parks and Recreation
FROM: J. Ray - Purchasing gen
SUBJECT: Sealed Bid 40094: Sup y Agreement for Bank Sand
Advertised, sealed bid 40094 for the supply of bank sand to various City
departments was opened and read in City Council Chambers April 29, 1985 at
4 p.m. Sealed bids were mailed to seventeen area sand suppliers and trucking
companies with the following five returning bids; (1) R.S.H. Trucking Co., Inc.,
(2) Chuck Jardina Sand, (3) K. M. Rumsey Trucking, (4) Baytown Sand & Clay,
and (5) Anahuac Towing & Shell Co., Inc.
Bidders were asked to submit delivered pricing for bank sand conforming to
Texas Highway Dept. Specification 44131, Type A, Select Borrow, Bank Sand. Sand
will be ordered on an as needed basis by City personnel for backfilling purposes
in full truckload quantities with 24-hour response time required. The City of
La Porte currently pays $4.75 per cubic yard and purchases bank sand on a hand
to mouth basis.
Low bid was submitted by R.S.H. Trucking Co., Inc. in the amount of $4.45
per cubic yard, a response time of 2 hours after receipt of order, and payment
terms of Net 30 days. R.S.H. Trucking indicates they own twelve (12) trucks
and have demonstrated the capacity to service the City of La Porte. I recommend
that the City of La Porte award a one-year supply agreement for bank sand to
R.S.H. Trucking Co., Inc. on the basis of lowest, most responsible and responsive
bidder. I also recommend the City of La Porte sign a contingency supply agree-
ment with second low bidder Baytown Sand and Clay Co. in the amount of $4.50 per
cubic yard should low bidder be unable to perform during the term of the contract.
I trust this recommendation will meet with your approval.
Attachment: Tabulation Sealed Bid 4E0094
cc: S. Gillett - Asst. Director of Public Works
L. Maxey - Asst. Director of Public Works
B. Clark - Parks Superintendent
JR/mb
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SEALED BID ~~0094: Supply
Agreement for Bank Sand
1. Bank Sand - Price per Yard
Full 16 Yard Truckloads
e
rms
•
R.S.H. Chuck K.M. Baytown Anahuac
Trucking Co. Jardina Rumsey Sand & Towing &
Inc. Sand Trucking Clay Shell Co.
**
4.45. cu~yd .6.00 cu yd 4.60 cu 4.50 cu yd 5.75 cu
Net 30 Days Net 45 Days None Shown Net 30 Days Net on
Receipt
2 hours 1 day max. 1 day max. 1-4 hrs. As Needed
** Denotes Low Bid
MEMORANDUM
T0: MAYOR AND COUNCIL
FROM: CITY SECRETARY
SUBJECT: WRECKER COMMITTEE
C~
J
It has been brought to my attention that the wrecker
committee, composed of one police officer, one wrecker service
owner and one Councilperson, needs an additional member due to the
resignation of Kevin Graves from Council.
The other two members of the committee are Lt. Bobby Powell of
the Police Dept., and Tim DeWalt, wrecker service owner.
Cherie Black
City Secretary
2-YEAR TERMS
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PLANNING AND ZONING COMMISSION
Term expires:
(' .
Chairman : L a t ' r '~ ~~3 ~`~'_ '~/~°/p
102 t let t ~~~~J'~ /~°~~
47 740 - ome y~y ~~~ ~,
1-1061 - wo o~
Members:
Dist. 1: R. J. Blackwell 4/30/86
1602 Lomax School Road
471-2635 - home
Dist. 2: Bruce Hammack 4/30/85
5409 Sugar Creek
471-5561 - home
471-5747 - work
Dist. 3: Janet Graves 4/30/85
10443 Collingswood
471-1930 - home
Dist. 4: Lola Phillips 4/30/86
432 North Fifth
471-2301 - home
Dist. 5: Charles D. Boyle 4/30/86
P.O.Box 24
471-2122 - work
471-1119 - home
Dist. 6: Karl Johnston 4/30/86
2503 Crescent Drive
471-4166 - home
471-2911 - work
• •
2-YEAR TERMS
BOARD OF ADJUSTMENT
Term expires:
Chairman: Sidney Grant 4/30/85
1907 East Lomax Drive
P.O. Box 835
Deer Park
471-2375 - home
Pos. 1: Vivian Covington 4/30/85
11601 Avenue L
471-6979 (unlisted)
Pos. 2: Ronnie Rowell 4/30/85
9939 Rustic Rock
471-8991 - home
Pos. 3: Linda Mains (Sec.) 4/30/85
808 North 12th
471-7353 - home
471-4580 - work
Pos. 4: Lawrence Farias 4/30/85
1215 Park
P.O. Box 39
471-1638 - home
Alt. 1: Robert Swanagan 4/30/85
100 Park
471-7655 - home
383-2411, X5153 - work
Alt. 2: Charlie Young 4/30/85
214 Reynolds
471-3427 - home
• •
LA PORTS ELECTRICAL BOARD
Walter Gernand
P.O. Box 597
Seabrook, TX 77586
474-4151
Knox Askins
702 W. Fairmont Parkway
471-1886
David Paulissen
821 S. Second
471-5020 - work
471-6973 - home
Lindsay Pfeiffer
602 S. Nugent
P.O. Box 1116
471-4222 - work
Gene Pfeiffer
P.O. Box 778
Baytown, TX 77520
471-3082
C. E. Brown
115 South 8th
471-4350
Terms expire April 30, 1986
•
COMPREHENSIVE PLAN STEERING COMMITTEE
ED MATUSZAK
10415 COLLINGSWOOD
471-1988
954-2600, X2615
B. DON SKELTON
709 S. LOBIT
471-4377
LINDSAY PFEIFFER
602 S. NUGENT
471-6650
471-4222
DOUG LATIMER
10203 CATLETT
471-2740
471-1061
JANET GRAVES
10443 COLLINGSWOOD
471-1930
JOHN LOYD
9746 WILLMONT
471-6865
471-0943
CHARLIE YOUNG
214 REYNOLDS
471-3427
o
LA PORTE AREA WATER AUTHORITY
Albert Fields
c/o Bayshore National Bank
P. 0. Box 998
471-4400 - work
471-8626 - home
Richard Matthews
2015 Crescent Shores
470-0351 - home
Jerry Bramlett - President
918 South Kansas
471-2844 - home
Jack Owen, City Manager
805 South Iowa
470-8633 - home
Cary Burnley
3207 Somerton
479-8538
ADVISORY DIRECTOR:
Neil Bishop
Turner Collie & Braden, Inc.
P. 0. Box 13089
Houston, TX 77019
780-4100 - work
ALSO SEND AGENDA T0:
Jerry Hodge
John Armstrong
•
Weldon Randall
504 South First
471-4870
Term expires 9/30/86
Keith Trainer
501 S. Blackwell
471-6586
Term expires 9/30/87
Jim Longnecker
233 San Jacinto
471-2721
Term expires 9/30/85
•
CIVIL SERVICE COMMISSION
Acting Director of Civil Service: Doug de la Morena
• •
AIRPORT ADVISORY COMMITTEE
Cliff Hyde, Jr., Chairman
10415 Rustic Gate
471-0265 - work
471-4838 - home
H. L. "Johnny" Hartsoe
P.0. Box 207
471-4627 - work
471-5256 - home
Terms expire April 30, 1985
s •
REDISTRICTING COMMITTEE - 1985
District 1 - William Bowers (White)
9206 Spencer Highway
479-1037
District 2 - Terry Robbins (White)
5409 Beaver Creek
471-0469
District 3 - Andy Wilson (White)
3870 Pecan Circle
P.O. Box 1443
471-8699
WORK - 337-2516
At Large A - Lawrence Farias (Brown)
1215 Park
P.O. Box 39
471-1638
At Large B - Hurdis Dean Rhodes (Black)
9902 Cardinal
471-7209
Mayor - Jesus Vega (Brown)
9749 Rustic Rock
(Unlisted number)
District 4 - Lola Phillips (Black)
432 North Fifth
471-2301
District 5 - Robert Swanagan (Black)
100 Park
471-7655 (home)
383-2411, X 5153 (work)
District 6 - Jack Gresham (White)
829 South Fourth
471-1474
Alternates: Terry Fletcher (White) Vivian Covington (White)
Best Maintenance 11601 Avenue L
318 North 16th 479-6552 (work)
471-6342
•
LA PORTE INDUSTRIAL DEVELOPMENT CORPORATION
Virginia Cline, President
328 South Blackwell
471-0837
W. R. Springall, Vice President
2713 Crescent View
471-1456
E. W. "Buddy" Felscher, Secretary/Treasurer
P.0. Box 359
470-8139
B. Don Skelton
709 S. Lobit
471-4377
Robert A. White
403 South Fourth
471-3355
John D. "Jack" Lawler
Box 100
1400 North 10th
471-0129
•
•
2-YEAR TERMS
HEALTH FACILITIES DEVELOPMENT CORPORATION
Virginia Cline, President 9/86
328 South Blackwell
471-0837
W. R. Springall, Vice President g/86
2713 Crescent View
471-1456
E. W. "Buddy" Felscher, Secretary/Treasurer 9/86
P.0. Box 359
470-8139
B. Don Skelton 9/86
709 S. Lobit
471-4377
Robert A. White 9/86
403 South Fourth
471-3355
John D. "Jack" Lawler 9/86
Box 100
1400 North 10th
471-0129
ALL MEMBERS STARTED OFFICE 9/84
~ ~
;~
LA PORTS FIREMEN~S PENSION BOARD
Andy Smith
P.0. Box 993
Jack Oliphant
101 Garfield
471-0559
Tom Simons
P.0. Box 790
471-4605
Jerry Hill
209 Valley Brook
471-2339
Frank Eader
10451 Collingswood
471-5004
Betty T: Waters
2202 26th Street
471-1907
Clint Hurt
1002 Wren
471-1198
Virginia Cline
328 S. Blackwell
471-0837
Term Expires
1/87
1/86
1/86
1/87
1/86
1/87
1/86
1/87
OFFICE OF TF-IE F I FiE MAF,SHAL
CITY OF LA FORTE '
I IVTER-OFFICE t"ICMORAIVDUI~'I
TO: Jack Owen-City Manager
DATE: May 13, 1985
FROM: Paul R. Hickenbottom
5UE~JECT: Fire Code Review Committee
The 1983 addition of the City of La Porte Fire Code-Article 36 Division 1 requires
that a nine (9) member Fire Code Review Committee be appointed by the members of the
Council and Mayor.
At the present time we are four (4) members short of having a full committee. The
districts which need to have a committee member appointed are as follows:
District 1
District 2
District 4
District 6
The following Fire Code Committee members have agreed to continue to serve in the
districts:
Mr. Al Fields--District 3
Mr. Carlos Smith--District 5
Mr. Morris Rose--At Large A
Mr. Tom Iiandy-- At Large B
Mr. Robert Byers-- Representing the Mayor
I respectfully request that you present this information to the Council so in hopes
that a full committee can be appointed.
~~''/~ ,
Paul R. Hickenbottom
Fire Marshal
RE~E9VED
a-~~~-~~
,C.ITY MGR'S OFFICE
•
Products" (Reid Method) ASTM D323-55.
** Note: See individual articles for additional definitions.
ARTICLE 36: FIRE CODE REVIEW COMMITTEE
DIVISION 1: GENERAL
SEC. 36.1 Fire Code Review Board Established; Composition;
Appointment; Term; Meetings; Duties of Board; Quorum Constituted;
There is hereby established a Fire Code Review Board which
shall consist of nine (9) voting members and three (3) ex-officio
members.
The voting members of the Fire Code Review Board shall be
appointed as follows:
(1) The councilpersons representing the following districts,
1, 2, 3, 4, 5 and 6, shall each appoint one (1) member. Said
members shall reside in that respective councilperson's district.
(2) The councilpersons representing the following districts,
At Large - Position A and At Large - Position B, shall each appoint
one (1) member. Said members shall reside in La Porte
(3) The f4ayor shall appoint one (1) member. Said member shall
reside in La Porte.
The three (3) ex-officio non-voting members shall be:
(1•) The Fire Chief, or his duly authorized Fire Department
representative.
(2) The Fire Marshal, or his duly authorized Fire Prevention
Bureau representative.
(3) The Chief Building Official, or his duly authorized Code
Enforcement representative.
The chairman and vice-chairman of this board shall be elected
by the voting members of the board and shall be voting members only.
The Fire Marshal shall be the Secretary to the Fire Code Review
Board. it shall be his duty to post notices of meetings, keep
minutes and all correspondence of the Board, or any other duties as
may be assigned by the Board.
The term of office for the Fire Code Review Board shall be
two (2) years in length or until a successor is appointed and
qualified.
A quorum of the Fire Code Review Board shall be required to
hold any meetings. A quorum shall be five (5) voting members present.
The Chairman shall request replacement for any member who has
missed three (3) consecutive posted meetings without being excused.
Whenever any position~on the Board shall become vacant by
reason of death, resignation or removal, the Chairman will notify
the Mayor of the City of La Porte and appointments shall be made
from the proper district for the unexpired term of the member bein5
replaced.
Regular meetings of the Board shall be held on the second
Thursday of each month to consider variances as required. All
other meetings shall be called by the Chairman as deemed necessary.
The duties of the Fire Code Review Board shall be to consider
variances, to interpret the provisions of the fire code, to recom-
mend changes in the fire code, to hear appeals from decisions of
the Fire Chief or Fire Marshal. The Fire Code Review Board shall
submit an annual report to City Council of actions taken by the
Board during the preceding year, together with any recommendations
to amend the City of La Porte Fire Code.
(498)
TO: CITY MANAGER FROM: DATE:.
PUBLIC.WORKS... June 4, 1985
REQUEST FOR CITY COUNCIL'AGENDA ITEM
1. Agenda Date Requested: June 10, 1985
2• x Report
Resolution
Ordinance
3. Project Summary;
Exxon Pipeline Company would like a satisfactory reimbursement commitment from the
City of La Porte for an estimated $47,026.00. This is the estimated cost of lowering
the pipelines to accommodate the proposed construction at the airport.
4. Action Required:
Council to approve said reimbursement commitment.
5.. Alternative:
Not to accept the grant that will allow the construction.
6. Recommendati•gn Approve reimbursement commitment to Exxon in the sum of $47,026.00.
This cost is eligible for reimbursement from the grant already approved by the FAA.
Provide front end funding which will be 90$ reimbursable .by the government (FAA)
7. Exhibits:
8. Availability of Funds: General Fund Water/Wastewater
X Capital Improvmt. General Revenue Sharing
Other
Account Number: 025-700-707-899
Funds Availat~,le : i R Yes Nb
9.
age
Counc
~~~~
Date
~. ( • • ~ ,
EON PIPELINE COMPANY
POST OFFICE BOX 1215 • LA PORTS, TEXAS 77571-1215
SOUTHEAST TEXAS DIVISION
October 24, 1984.
Proposed Construction
Webster to Baytown R/w 6
La Porte Municipal Airport
Dir. Jerry L. Hodge ,
Director of Public Works
City of La Porte
P.O. Box 1115
La Porte, Texas 77571_
Dear Mr. Hodge:
Exxon Pipeline Company has reviewed the City of La Porte's pro-
posal to construct three (3) taxilanes and one (1) access road
across our pipeline easement at the La Porte Airport. ~~e offer
no objection to the proposed construction provided:
1. We receive a satisfactory reimbursement commitment
whereby the City of La Porte agrees to reimburse
Exxon Pipeline Company for 100$ of the cost to
lower our pipelines to accommodate the construction.
Estimated cost is $47,026.00.
2. The width of each proposed taxiway crossing our pipe-
line easement is reduced from the proposed width of
fifty Beet (50') to forty feet (40') in order to min-
imize the amount of pavement over our pipeline ease-
ment.
We ask that you redesign the taxiways as requested above and
contact me at 656-1676 to discuss the reimbursement commitment.
fiery truly yours,
~~(
S. L. Honea
SLH:rld
-,
E7f~ON F'iPCLINE COMPANY
P. O. Box 1215
La Porte, Texas 77571
August 14, 1984
Mr. Larry Gaines
Turner Collie & Braden, Inc.
P. O. Box 13089
Houston, Texas 7721g`
Dear Mr. Gaines:
•
1 ' t ~~' 9 ~~ ~~~~
P
;: AUG 1 f 19~~~
1.~-~ ~~~.~ ~~-~~.JiJS ION
Proposed Construction
Webster-Baytown R/W 6
La Porte Municipal Airport
Attached for your review is a detailed cost estimate for $47,026 which
represents Exxon Pipeline Company's estimated cost to adjust four (4)
pipelines to accommodate proposed improvements at the City of La Porte
Municipal Airport.
We will contact the City of La Porte, Texas, to discuss a reimburse-
ment agreement.
Very truly yours,
_.,
~. ~ - ~~~_
S. L. Honea
SLH:sp
cc: Mr. C. R. Clark
P~-e:YA(2-B~IFRONI ~ EON PIPELINE COMPANY ~~ FILE CODE NO.:
ESTIMATE OF EXPENDITURES CHARGEABLE TO OTHER
• ~! (APE'S CHARGEABLE TO ACCOUNT 19.2) .~
)ATE 08-14-84 LOCATION OF WORK TO BE PERFORMED Wpb ter-B Wn AFE NO.
~OMPLFTE DESCRIPTION OF WORK TO BE PERFORMED 6 REASON
Weld collars on #4-8" and lower #4-8", #6-8"& #1-10" approximately 2-1/2 feet
for approximately 400 feet (to provide 4 feet cover) across proposed apron and
parking lot at La Porte Airport. Dismantle dead #1-3" across same area. (Tots:
to strip out approximately 800 feet).
:XPENSESREIMBURSABLEBY. C1ty Of La Porte
This estimate good for 90 days.
•COMPANY LABOR
)ESCRIPTION
Foreman 10 days @ $130/day
4 Pipeliners 10 days @ $100/day, each
2 Welders with helpers 10 days @ $225/day, each
.~
AMOUNT I TOTAL
1300
4000
4500
980
)ESCRIPTION
DESCRIPTION
PERSONAL EXPENSES OF COMPANY EMPLOYEES
COMPANY VEHICLE AND EQUIPMENT EXPENSE
1 Gang Truck 10 days @ $4.65/hour
2 Welding trucks 10 days @ $12.65/hour, each
372
2024
239'
ESCRIPTION
~1 PIPE (INCLUDING FRIEGHT)
MATERIALS
~1 OTHER (INCLUDING FREIGHT) SUBTOTAL lel
40 - 10" Acetylene weld wraps @ $66/each
24 gallons Bitsumastic coating @ $15/gallon
2640
360
SUBTOTAL (b1 I I 3 ~ ~ ~
•
~.
EXXON PIPELINE COMPANY
412-B~1 BACK ESTIMATE OF EXPENDITURES CHARGEABLE TO OTHERS
.~
CONTRACT LABOR AND EQUIPMENT
AMOUNT
TOTAL
~IPTION
rawler Hoe with Operator 10 days @ $500/day
Ozer/Sideboom Combination w/Operator 6 days @ $500/day
urvey Crew 2 days @ $400/day 5000
3000
800
- + 8800
CONTRACT HAULING
a~vnoN
.C.C. Hauling
1200
1200
MISCELLANEOUS ITEMS
HT OF WAY EXPENSES
>PERTY DAMAGE EXPENSE
DROLL BURDEN ANO WELFARE EXPENSE ( 5 5 % OF COMPANY LABOR) $ 9 8 0 0 5 3 9 0 5, 3 9 0
SUB-TOTAL 3 0, 5 8 6
b11NISTRATIVE OVERHEAD 2 3 % OF ~ SUB-TOTAL ^ COMPANY LABOR $ 3 0, 5 8 6
VpLING AND PROCESSING: 11) % OF PIPE (INCLUDING FREIGHTI lal
121 % OF OTHER MATERIALS (INCLUDING FREIGHT) Ibl
131 % OF CONTRACTS
161 % OF OTHEP. DIRECT EXPENSE
K COMPENSATION FEE (1) % OF COMPANY LABOR
121 % OF MATERIALS. CONTRACTS
AND OTHER DIRECT EXPENSE 7, 0 3 5
SU8-TOTAL 3 7 , 6 21
NTINGENCY 1 2 5 % OF SU8-TOTAL) $ 3 7, 6 21 9, 4 0 5
iAL ESTIMATED EXPENDITURES
iS SALVAGE CREDIT
:SCRIPTION)
iAL ESTIMATED EXPENDITURES ILESS SALVAGE VALUE)
.PARED BY: ~T l O O% REIMBURSABLE ^ S 4 7, O 2 6
T0: FROM: Date: June 4, 1985
City Manager John Joerns
REQUEST FOR CITY COUNCIL AGE~~DA ITEM 2. X Report
Resolution
1. Agenda Date Requested: June 10. 1985 Ordinance
3. Project summary: Award contract for construction of the City of La Porte's
Police and Fire Station parking lots.
4. Action Requires: Council's approval of low bid of $51,003.40 by Shirley
• Construction Co., Inc.
5. Alternative: Disapproval of low bidder.
6. Recommendation: It is recommended that Council award the contract to
Shirley Construction Co., Inc. based on his low bid of
$51,003.40.
~. Exhibits: Bid Tabulation Sheet.
s.Availability of Funds: General Fund Water/Wastewater
~_Capital Improvmt. General Revenue Sharing
Other
Account Number: 502-50?-7n9 & Funds Available: ~_Yes No
600-600-700 '
Account Balance: $52,763 (502-502-702)
$14,724 (600-600-7
- P.equested By
!Approaed for Ci
ouncil Agenda
c; t
anager
~-~ ~S
Date
•~ • •
BID TABULATIONS
CITY OF LA PORTE PROJECT NUMBER 84-5002
POLICE & FIRE STATION PARKING LOTS
COMPANY
3 -------------- -----
4.
5.
6.
7 ------------------------
.8.
9 • -----------------------
10.
11.
12.
------------------------
13 ------------- -----
14.
15 __ --------------
16 ------- ----------
17 • ------------------
18 --- --------------
19 ---------------------
2 0 ----------------------
21 -------------------
22 ------------------------
:23 ------------------ --
l24. - _~~_~_
' BID NUMBER Of DAYS
~5~ o~°_¢o ~5
T0:
City Manager
FROM:
REQUEST FOR CITY COUNCIL AGENDA ITEM
1. Agenda Date Requested: June 10, 1985
Date:_,~~mP ~~ ~qR~
2. X Report
Resolution
Ordinance
3.
4.
Project Summary: Approve contract for professional services with Turner Collie
& Braden for preparation of contract documents, plans & specifications for work
remaining on the City's original EPA/City Step III Sanitary Sewer Rehabilitation
Project. Ref: Council Workshop of April 24, 1985. Verbal approval by Texas .
Department of Water Resources has been given - written approval is expected
this week. However, the professional services agreement will not be grant eligit
Action Required: Approval of contract for professional services.
5. Alternative: No practical alternatives. The City must complete its Grant
Requirements and see that the scope of the rehabilitation contract is completed.
Cost recovery for much of the rehabilitation work is dependent on subsequent
legal action.
6. Recommendation: Approve the contract with Turner Collie & Braden for
professional services. The estimated expenditures are:
Preliminary E~ Design Phase 23,000
Project Representative 76,000
Construction Administration 17,000
Technical Support 13,000
Misc. Non-labor 1,000
124,000
~. Fachibits: Proposed Professional Services Agreement (attached)
s,Availability of Funds: General Fund Water/Wastetrater
Capital Improvmt. General Revenue Sharing
X Other
Account Number: 019-800 seri a Funds Available: _~Yes No
1979 Bond Fund - Account 19 i~~
John Joerns
9./~~prov~d for City Council Agenda
City Manager
ested
~- ~- ~~~
Date
I~
•
H. P. McALISTER
SENIOR VICE PRESIDENT
TurnerCollie c~Braden Inc.
May 15, 1985
Mr. Jack Owen, City Manager
City of La Porte
P.O. Box 1115
La Porte, Texas 77571
PO BOX 13089
HOUSTON, TEXAS 77219
5757 WOODWAY
713 780-4100
TELEX 774185 TCB HOU
Attention: Mr. John Joerns
Director of Community Development
Re: Engineering Services to Complete Items Remaining
from Original EPA/City Sewer System Project
Dear Mr. Owen:
Pursuant to the Agreement for Engineering Services between
the City of La Porte and Turner Collie & Braden Inc. dated
July 11, 1983, specifically Section III, Authorization for
Services; this letter represents our proposal to provide
engineering services necessary for the preparation of contract
documents, plans, and specifications for cleaning, TV inspec-
tion, line replacements, manhole rehabilitation, and point
repairs for portions of the City of La Porte Sanitary Sewer
System. The portions of the system on which work will be per-
formed are those portions which, to the best of our knowledge,
are remaining from the original EPA/City sanitary sewer
rehabilitation project.
Scope of Services
Preliminary and Design
1. Gather information from the original construction
contract, rebid construction contract, Catlett proj-
ect, Naylor project, and the City of La Porte about
project history. Attempt to determine specific
areas of difficulty and specific areas of work
previously performed and those still remaining.
2. Prepare a contract package, plans, and technical
specifications appropriate for bidding under EPA
guidelines to complete items remaining from the
original EPA/City project.
~~~~~~~1~f~
CI Y GR'S OFFI E
CONSULTING ENGINEERS • TEXAS AUSTIN/DALLAS/EL PA50/HOUSTON/PORT ARTHUR C~itf ION v
TurnerCollie~Braden Inc.
May 15, 1985
Mr. Jack Owen, City Manager
City of La Porte
Page Two
•
3. Assist the City in bidding, tabulating the bids,
and selecting the successful bidder with whom to
contract for performing the work.
Construction Phase
1. Provide a resident project representative to be
present during construction of the contracted items.
Project representative shall assist the City staff
in recording results of work and provide onsite
consultation to the staff.
2. Provide engineering analysis and support to project
representative and City staff during Construction
Phase of the project.
Compensation
Compensation for work performed on this assignment shall be
on a reimbursable basis as explained in Section VI D. of
the Agreement for Engineering Services between the City of
La Porte and Turner Collie & Braden Inc.
Suggested budgets for the project are as follows:
Preliminary and Design Phase
Construction Phase
a. Project Representative (Incl. Mileage)
b. Construction Administration (Incl. Tech.
Chief, Unit Admin., and Clerical)
c. Technical Support (Engineering Support
of Field Activities, 6 Hrs./Week Average)
d. Miscellaneous Nonlabor
TOTAL
$ 23,000
70,000
17,000
13,000
1,000
$124,000
• •
TurnerCollie~Braclen Inc.
May 15, 1985
Mr. Jack Owen, City Manager
City of La Porte
Page Three
This estimate is based on an anticipated project construction
phase duration of 31 weeks. Should construction be longer
than expected, a supplemental request for additional authori-
zation will be submitted.
If the above scope of work, compensation, and schedule are
acceptable to the City of La Porte, please sign in the space
provided below and return one copy for our files. Turner
Collie & Braden Inc. will consider the signed letter as our
authorization to proceed with the work.
Thank you for this opportunity to be of service to the City of
La Porte.
Very truly yours,
0/~~
H. P. McAlister, P.E.
Senior Vice President
HPM/FSM/ts
ACCEPTED: CITY OF LA PORTE
By:
Date:
Title:
' • •
~~ MICNAEI B. NUNN
it ~ .51 f~1(1K VIC[ 1'KI 511 )1 Ni
Turner Collie~~Braden InC. ~ BOX 13089
HOUSTON, TEXAS 77019
5757 WOODWAY
713 780.4100
TELE% 774185 TCB HOU
July 1, 1983
City of LaPorte
P. O. Box 1115
LaPorte, Texas 77571
Attention: Mr. Jack Owen
Re: General Consulting Services
Gentlemen:
Pursuant to the Agreement for Engineering Services between the
City of LaPorte and Turner Col ie & Braden Inc., specifically
Section III, Authorization of Services, this letter represents
our proposal to provide General Engineering Consulting Services
to the City.
The purpose of the General Engineering Consulting Services
arrangement is to provide a vehicle whereby the City Manager
and staff may obtain engineering assistance on small projects,
conferences, assistance to the attorneys in legal matters and
other miscellaneous matters that arise from time to time in the
course of conducting City business. The project is intended to
be ongoing and will be utilized only when support is requested
on matters other than specifically authorized projects which
are in progress.
Since this project is on an "on call" or "as required" basis,
we suggest an initial budget of $20,000 be established. Charges
to this ongoing project will be on a reimbursable basis as
described in Section VI D of the Agreement for Engineering
Services referenced above.
If the above scope and compensation are acceptable, please sign
in the space provided below and return one copy to us. Turner
Collie & Braden Inc. will consider the City's acceptance as
our authorization to provide the general consulting support.
Thank you for this opportunity to be of service to the City
of LaPorte.
1
Very tY?uly yours, ACCEPTE CITY OF LAPORTE
By : ~ .z ~.4~
M' hael B. Hunn P.E. Title: ~f
Senior Vice President
~.
MBH/JRA/csc
Date : ~-- / - X-~
_'
CONSUli1NG ENGINEERS • TEXAS AUSTIN;DALLAS:EI PASO~HOUSIUN PORT ARTHUR COLORADO DENVER:GR~nD Il'^C11U'~
.' •
AGREEMENT FOR ENGINEERING SERVICES
•
MADE AND ENTERED INTO by and between the City of La Porte, Texas,
hereinafter called the "City," and Turner Collie & Braden Inc.,
hereinafter called the "Engineer."
RECITALS
City intends to inspect, plan, design, construct, and maintain vari-
ous City facilities. Such improvements are hereinafter referred to
as the "Project."
CONTRACTUAL UNDERTAKINGS
SECTION I _.
EMPLOYMENT OF ENGINEER
The City agrees to employ the Engineer and the Engineer agrees
to perform professional engineering services in connection with the
Project as stated in the Sections to follow, and for having rendered
such services, the City agrees to pay to the Engineer compensation
as stated in the Sections to follow.
SECTION II
CHARACTER AND EXTENT OF SERVICES
The Engineer shall render the following professional services
necessary for the development of the Project:
A. Preliminary Phase
~.
~1. Attend preliminary conference with the City regarding
the Project.
2. Perform preliminary engineering services in connection
with Project in sufficient detail to indicate clearly the
problems involved and the alternate solutions available to
the City, to include preliminary layouts, sketches, and cost
estimates for the Project, and to set forth clearly the
Engineer's recommendations. If called for by the scope
of the assignment, prepare a preliminary engineering report.
-1-
•
•
3. When a written report is prepared, furnish the City
10 copies of the preliminary report, including preliminary
layouts, sketches, and cost estimates.
B. Design Phase
1. Establish the scope and advise the City of any soil and
foundation investigations or any special surveys or special
testing which, in the opinion of the Engineer, may be
required for the proper execution of the Project; and arrange
with the City for the conduct of such investigations and
tests. (The performance of these investigations and tests
is not a part of the Engineer's basic services, and compen-
sation therefor is not included in the Basic Charge; it may
be performed by the Engineer, by agreement with the City,
in which case compensation shall be determined by the
applicable portions of Section VI D.)
2. Furnish to the City, where required by the circumstances
of the assignment, the engineering data necessary for appli-
cations for routine permits by local and state authorities
(as distinguished from detailed applications and supporting
documents for government grants-in-aid, or to meet the
requirements of special programs of the federal government.)
3. Perform field surveys to collect information which, in
;the opinion of the Engineer, is required for the design of
e
the Project. (Not included in Basic Charge for the Design
Phase.)
4. Prepare detailed specifications and contract drawings,
in pen on mylar, for construction authorized by the City.
These designs shall be submitted to the applicable state
and federal agencies for approval.
5. .Prepare detailed cost estimates and proposals of
authorized construction, which shall include summaries of
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•
bid items and quantities which will be based, wherever
practical, on the unit price system of bidding. The Engi-
neer shall not be required to guarantee the accuracy of
these estimates.
6. Furnish to the City all necessary copies of approved
plans, specifications, notices to bidders, and proposals.
All sets. of plans in excess of 10 are to be paid for sepa-
• rately, as specified in Section VI D.17.
C. Construction Phase
1. Assist the City in the advertisement of the Project for
bids.
2. Assist the City in the opening and tabulation of bids
for construction of the Project, and recommend to the City
as to the proper action on all proposals received.
3. Assist in the preparation of formal Contract Documents
for the contracts.
4. Make periodic visits to the site (as distinguished from
the continuous services of a resident Project Representative
described in subparagraph 6. below) to observe the progress
and quality of the executed work and to determine in general
if the work is proceeding in accordance with the Contract
Documents. In performing this service, the Engineer will
not be required to make exhaustive or continuous on-site
~_
e
inspections to check the quality or quantity of the work or
material; he will not be responsible for the techniques and
sequences of construction or the safety precautions incident
thereto, and he will not be responsible or liable in any
degree for the contractors' failure.to perform the construc-
tion work in accordance with the Contract Documents. During
visits to the construction site, and on the basis of the
Engineer's on-site observations, he will keep the City
informed of the extent of the progress of the work, and
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advise the City of material and substantial defects and
deficiencies in the work of contractors which are discovered
by the Engineer or otherwise brought to the Engineer's
attention in the course of construction.
5. Consult and advise with the City; issue all instruc-
tions to the contractor requested by the City; and prepare
routine change orders as required.
6. If specially authorized by the City in writing, furnish
the services of resident Project Representatives and other
field personnel for continuous on-the-site observation of
construction and for the performance of required construc-
tion layout surveys. (This service is not a part of the
Engineer's basic services, and compensation shall be deter-
mined under Section VI D.2.) The authority and duties of
such resident Project Representatives are limited to examin-
ing the material furnished and observing the work done, and
to reporting their findings to the Engineer. The Engineer
will use the usual degree of care and prudent judgment in
the selection of competent Project Representatives, and the
Engineer will use its best efforts to see that the Project
Representatives are on the job to perform their required
duties. It is agreed, however, that the Engineer does not
underwrite, guarantee, or ensure the work done by the con-
tractors, and, since it is the contractors' responsibility
to perform the work in accordance with the Contract Docu-
ments, the Engineer is not responsible or liable for the
contractors' failure to do so, and,~failure by any Project
Representatives or other personnel engaged in on-the-site
observation to discover defects or deficiencies in the work
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of the contractors shall never relieve the contractors for
liability therefor or subject the Engineer to any liability
for any such defect or deficiencies.
7. Check and review samples, catalog data, schedules, shop
drawings, laboratory, shop and. mill tests of materials and
equipment and other data which the contractor is required to
submit, only for conformance with the design concept of the
Project and compliance with the information given by the
Contract Documents; and assemble written guarantees which
are required by the Contract Documents.
8. Prepare monthly and final estimates for payments to
contractors, and furnish to the City any necessary certifi-
cations as to payments to contractors and suppliers.
9. Conduct, in company with the City, a final inspection
of the Project for conformance with the design concept of
the Project and compliance with the Contract Documents, and
approve in writing final payment to the contractors.
10. Revise contract drawings, with the assistance of the
Contractor, to provide record drawings of the completed
Project. The Engineer will use his best efforts and will
exercise the usual degree of care in preparing these draw-
ings; he shall not be required to guarantee the accuracy of
tthe record drawings. Furnish a set of prints of these
record drawings to the City.
SECTION III
AUTHORIZATION OF SERVICES
No professional services of any nature shall be undertaken by
the Engineer under this Agreement until he has received written
authorization from the City, in which the following elements are
specified:
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1. The nature of the particular assignment.
2. The scope of the services to be performed.
3. The exact basis of payment for the services to be performed
(as provided in Section VI).
4. A citation of the action of the City Council under which
the assignment was authorized and the appropriation was made.
5. Any credit provisions to which the City is entitled.
6.• The time allowed the Engineer for the performance of the
services.
SECTION IV
PERIOD OF SERVICE
This Agreement shall be effective upon execution by the City and
the Engineer, and shall remain in force until terminated under the
provisions hereinafter provided in Section IX.
SECTION V
COORDINATION WITH THE OWNER
The Engineer shall hold periodic conferences with the City or
its representatives to the end that the Project, as perfected, shall
have full benefit of the City's experience and knowledge of existing
needs and facilities, and be consistent with its current policies
and construction standards. To implement this coordination, the City
shall make available to the Engineer for use in planning the Project,
all existing plans, maps, field notes, statistics, computations, and
~.
other data in his possession relative to existing facilities and to
the Project.
SECTION VI
THE ENGINEER'S COMPENSATION AND LIABILITY
For and in consideration of the services to be rendered by the
.Engineer, the City shall pay, and the Engineer shall receive the
r
compensation hereinafter set forth, for the Preliminary, Design, and
Construction phases of the work and for Special Assignments and
Services not included in these phases. All remittances by City of
such compensation shall either be mailed or delivered to Engineer's
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office in Houston, Harris County, Texas. Where the compensation is
based on a percentage of construction cost, the charge for each
separate phase shall be based on the "construction cost" of all work
authorized by the City at one time, and handled by the Engineer in
accordance with this Agreement.
"Construction cost" is defined as the total cost to the City for
the execution of the work authorized at one time and handled in each
separate phase of engineering services, excluding fees or other cost
for engineering and legal services, the cost of land, rights-of-way,
legal and administrative expenses; but including the direct cost to
the City of all construction contracts, items of construction,
including labor, materials, and equipment required for the completed
work (including extras), and the. total value at site of project of
all labor, materials, and equipment purchased or furnished directly
by the City for the Project.
In the event that proposals for construction of any of the work
authorized in the Design Phase are received within 90 days after
submission of completed Contract Drawings and specifications to the
City by the Engineer, the charge for the corresponding services in
,;
the Design Phase and the charge for the corresponding services in
the Preliminary Phase shall be adjusted to. the "construction cost"
as reflected by the lowest acceptable proposal, or lowest bona fide
bid, if contract is not awarded. Where no proposals or bona fide
bids are•received within 90 days after submission of completed
Contract Drawings and specifications, the Engineer's estimates shall
be the basis for final payment for these two phases. No reduction
shall be made from the percentage charge on account of penalties or
liquidated damages or other sums withheld from contractor's payments.
A. Preliminary Phase
Payment for services in the Preliminary Phase shall be made
to the Engineer in a sum equal to a percentage of the "construc-
tion cost" of the work authorized by the City in this Phase of
the Project, as determined by multiplying the Basic Charge in
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percent (defined by Enclosure A, which is attached hereto and
made a part hereof) by the factor 0.25.
The classification of the construction work (Curve "A" or
"B") for the purpose of applying the alternate Basic Charge is
that given in Section 3 of the current General Engineering
Services Manual of the Consulting Engineers Council of Texas
and the Texas Society of Professional Engineers (which Section 3
is here adopted by reference as part of this Agreement).
Partial payments for services in the Preliminary Phase
shall be made monthly, based on the Engineer's estimate of the
"construction cost" of the work. Payments will be made in pro-
portion to that part of the services in the Preliminary Phase
which has been accomplished, as evidenced by monthly statements
submitted by the Engineer to the City. Final payment for ser-
vices in the Preliminary Phase shall be payable upon submission
to the City of the required report, sketches, and estimates,
and upon his acceptance, which shall be within 90 days after
submission.
B. Design Phase
Payment for services in the Design Phase shall be made to
the Engineer in a sum equal to a percentage of the "construction
cost" of the work authorized by the City in this Phase of the
Project, as determined by multiplying the Basic Charge in per-
cent (defined by Enclosure A, which is attached hereto and made
a part hereof) by the factor of 0.60.
The classification of the construction work (Curve "A" or
"e") for the purpose of applying the alternate Basic Charge is
that given in Section 3 of the current General Engineering
Services Manual of the Consulting Engineers Council of Texas and
the Texas Society of Professional Engineers (which Section 3 is
here adopted by reference as part of this Agreement).
Partial payments for services in the Design Phase shall
be made monthly, based on the Engineer's estimate of the
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"construction cost" of the work.
U
Payments will be made in pro-
portion to that part of the services in the Design Phase which
has been accomplished, as evidenced by monthly statements sub-
mitted by the Engineer to the City. Final payment for services
authorized in the Design Phase shall be due upon the completion
of these services.
C. Construction Phase
Payment for services in the Construction Phase shall be made
to the Engineer in a sum equal to a percentage of the "construc-
tion cost" of the work authorized by the City in this Phase of
the Project, as determined by multiplying the Basic Charge in
percent .(defined by Enclosure A, which is attached hereto and
made a part hereof) by the factor 0.15.
The classification of the construction work (Curve "A" or
"B") for the purpose of applying the alternate Basic Charge
is that given in Section 3 of the current General Engineering
Services Manual of the Consulting Engineers Council of Texas
and the Texas Society of Professional Engineers (which Section 3
is here adopted by reference as part bf this Agreement).
This sum will be paid in monthly installments in proportion
to the construction work completed, on the basis of the Engi-
neer's estimates prepared for monthly payments to contractors,
plug the actual value of all materials and equipment purchased
or furnished directly by the City for the Project. Upon comple-
tion of all work authorized in the Construction Phase, the Engi-
veer will be paid the remainder of the charge for this Phase.
D. Special Assignments and Services not Included in Above
Percentage Charges
The charges above described in the Preliminary, Design, and
.`_,--~-
Construction phases shall provide compensation to the Engineer
for all services called for under this Agreement to be performed
by him, or under his direction, except the services set forth
below. These excluded services and Special Assignments, and the
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compensation to be paid by the City to the Engineer for their
performance, as required, are as follows:
Service
1. Field surveys to
collect information
required for design
(Design Phase only).
(These field parties
are. furnished by
SURVCON INC., a
subsidiary company.)
Basis of Compensation
Salary cost times a multi-
plier of 2.00. Reimbursement
for direct nonlabor expense
and subcontract expense at
invoice cost plus a 10 percent
service charge.
2. Studies, tests, and
process determination
to establish basis of
design for water and
waste treatment
facilities.
3. -~ Small design assign-
ments (estimated
construction cost
less than 5100,000).
Salary cost times a multi-
plier of 2.25. Reimbursement
for direct nonlabor expense
plus a 10 percent service
charge.
Salary cost times a multi-
plier of 2.25. Reimbursement
for direct nonlabor expense
plus a 10 percent service
charge.
4. Special investigative Salary cost times a multi-
assignments; assistance plier of 2.25. Reimbursement
to the City in develop- for direct nonlabor expense
ing standards. plus a 10 percent service
charge.
5. Preparation of applica-
tions and supporting
documents for govern-
ment grants or to meet
the requirements of
special programs of the
federal government.
Preparation of environ-
mental statements and
assistance to City in
;- preparing for and
• attending public
hearings.
Salary cost times a multi-
plier of Z.25. Reimbursement
for direct nonlabor expense
at invoice cost plus a 10
percent service charge.
6. Services of a resident
Project Representative,
and other field person-
nel as required, for
on-the-site observation
and for construction
layout surveys.
7. Preparation of operat-
ing instructions and
manuals for facilities,
and training of person-
nel and assistance in
operation of facilities.
Salary cost times a multi-
plier of 2.00. Reimbursement
for direct nonlabor expense
and subcontract expense at
invoice cost plus a 10 percent
service charge.
Salary cost times a multi-
plier of 2.25. Reimbursement
for direct nonlabor expense
at invoice cost plus a 10
percept service charge.
-10=~
•
Service
8. Soil and foundation
investigations, includ-
ing test borings, soil
tests, and analyses of
test results.
9. Land surveys and estab-
lishment of boundaries
and monuments.
10. Preparation of
property or easement
descriptions.
•
Basis of Compensation
(a) Furnished by the Owner, or
(b) By Engineer at salary cost
times a multiplier of 2.25
and reimbursement for
direct nonlabor expense
and subcontract expense
at invoice cost plus a
10 percent service charge.
Salary cost times a multi-
plier of 2.0. Reimbursement
for direct nonlabor expense
and subcontract expense at
invoice cost plus a 10 percent
service charge.
Salary cost times a multi-
plier of 2.25. Reimbursement
for direct nonlabor expense
plus a 10 percent service
charge.
11. Preparation of any Salary cost times a multi-
special reports plier of 2.25. Reimbursement
required for marketing for direct nonlabor expense
of bonds. plus a 10 percent service
charge.
12. Appearances before
regulatory agencies.
Salary cost times a multi-
plier o~f 2.25. Reimbursement
for direct nonlabor expense
plus a 10 percent service
charge.
13. Assistance to the City
as an expert witness in
any litigations with
third parties, arising
from the development or
construction of Project.
14. Special investigations
~~- involving detailed
consideration of opera-
tion, maintenance, and
overhead expenses;
preparation of rate
schedules, earnings and
expense statements,
special feasibility
studies, appraisals,
valuations, and material
audits or inventories
required for certifica-
tion of force account
construction performed
by the City.
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5375 per diem for each day,
or part thereof, in which
Engineer's presence is
required by City.
Salary cost times a multi-
plier of 2.25. Reimbursement
for direct nonlabor expense
plus a 10 percent service
charge.
•
Service
15. Detailed mill, shop,
and/or laboratory
inspection of mate-
rials or equipment.
16. Direct nonlabor
expense, including
transportation, tele-
graph, and telephone
toll charges, etc.,
and travel and subsist-
ence for the Engineer's
officers and staff, all
as required for the
proper execution of the
.work.
17. Additional copies of
reports and specifica-
tions (over 10) and
additional blueprint
copies of drawings
(over 10).
•
Basis of Compensation
(a) Furnished directly by the
City, or
(b) By Engineer at salary cost
times a multiplier of 2.25
and reimbursement for
direct nonlabor expense
and subcontract expense
at invoice cost plus a
10 percent service charge.
Actual invoice cost plus a
10 percent service charge.
Travel by vehicles owned or
leased by the Engineer shall
be at 35 cents per mile.
Salary cost times a multi-
plier of 2.25. Reimbursement
for direct nonlabor expense
and subcontract expense at
invoice cost plus a 10 per-
cent service charge.
Payments to the Engineer for authorized services not in the
percentage charges will be made monthly, by the City, upon
presentation of monthly statements by the Engineer of such
services. "Salary Cost" is defined as the cost of salaries
(total hours worked times the employees rate of pay on an
hourly basis) of the Engineer's employees for time directly
changeable to the Project, plus 27 percent for social security
contributions, unemployment, excise and payroll taxes, employ-
ment compensation insurance, retirement benefits, incentive
pay, medical and insurance benefits, sick leave, vacation, and
holiday pay applicable thereto. The "Salary Cost" for the
services of the Engineer's officers shall be at their regular
"Salary Cost," as defined above, not to exceed 540.00 per hour.
In addition, an overtime premium for draftsmen and technician
classifications will be charged for which the Engineer's tech-
nical staff works in excess of 40 hours. The overtime premium
shall be one-half the employee's Salary Cost times 2.25. The
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overtime premium will be charged only because of the City's
requirements and upon its specific authorization.
Should the City fail to make payment to the Engineer of the
sum named in any partial or final statement when payment is past
due for more than 30 days, then the City shall pay to the Engi-
neer, in addition to the sum shown as due by such statement,
interest thereon at the rate of 12 percent per annum from the
date due, as provided herein, until fully paid, which shall
fully liquidate any injury to the Engineer arising from such
delay in payment, but the right is expressly reserved to the
Engineer in event payments are not promptly made as provided
herein, at any time thereafter to treat the Agreement as
terminated by the City and recover compensation as provided by
Section IX of this Agreement.
The City agrees that the Engineer's liability for the negli-
Bence, error, omission, or breach of warranty in the preparation
of designs and drawings, the designation or selection of mate-
rials and equipment,~the selection and supervision of Project
Representatives and other personnel, or the performance of any
other services pursuant to this Agreement, shall in no event
exceed the amount of the total compensation received by the
Engineer for services rendered under this Agreement.
SECTION VII
REVISION TO DRAWINGS AND SPECIFICATIONS
The Engineer will make, without expense to the City, such revi-
sions of the preliminary drawings as may be required to meet the
needs of the City, but after a definite plan has been approved by the
City, if a decision is subsequently made by the City which, for its
proper execution, involves extra services and expenses for changes
in, or addition to the drawings, specifications, or other documents, -
or if the Engineer is put to labor or expense~by delays imposed on
him from causes not within his control, such as by (but not limited
to) the readvertisement of bids or by°the delinquency or insolvency
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of contractors, the Engineer shall be compensated for such extra ser-
vices and expense, which services and expense shall not be considered
as covered by the percentage fee stipulated in this Agreement.
Compensation for such extra services shall be at salary cost times a
multiplier of 2.25, and reimbursement for direct nonlabor expense and
subcontract expense at invoice cost plus a 10 percent service charge.
SECTION VIII
OWNERSHIP OF DOCUMENTS
Original documents, plans, designs, and survey notes developed
in connection with services performed hereunder belong to, and remain
the property of the City, in consideration of which it is mutually
agreed that the City will use them solely in connection with the
Project, save with the express consent of the Engineer. The Engineer
may retain reproducible copies of such documents.
SECTION IX
TERMINATION
Either party to this~Agreement may terminate the Agreement by
giving to the other 30 days' notice in writing. Upon delivery of
such notice by the City to the Engineer, and upon expiration of the
30-day period, the Engineer shall discontinue all services in connec-
tion with the performance of this Agreement and shall proceed to
cancel promptly all existing orders and contracts insofar as such
orders or-contracts are chargeable to this Agreement. As soon as
practicable after receipt of notice of termination, the Engineer
shall submit a statement, showing in detail the services performed
under this Agreement to the date of termination. The City shall then
pay the Engineer promptly that proportion of the prescribed charges
which the services called for under this Agreement, less such pay-
ments on account of the charges as have been previously made. Copies -
of all completed or partially completed designs, plans, and specifi-
cations prepared under this Agreement shall be. delivered to the City
when and if this Agreement is terminated, but subject to the restric-
tions, as to their use, as set forth in Section VIII.
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•
SECTION X
ADDRESS OF NOTICES AND COMMUNICATIONS
•
All notices and communications under this Agreement to be mailed
or delivered to Engineer shall be to the following address:
Turner Collie & Braden Inc.
P.O. Box 13089
Houston, Texas 77219
Attention: Mr. Michael B. Hunn
All notices and communications under this Agreement to be mailed
or delivered to the City shall be to the following address:
City of La Porte
P.O. Box 1115
La Porte, Texas 77551
Attention: Mr. Jack Owen
SECTION XI ..
SECTION CAPTIONS
Each Section under the contractual undertakings has been supplied
with a caption to serve only as a guide to the contents. The caption
does not control the meaning of any Section or in any way determine
its interpretation or application.
SECTION XII
SUCCESSORS AND ASSIGNMENTS
The City and the Engineer each binds himself and his successors,
executors, administrators, and assigns to the other party of this
Agreement and to the successors, executors, administrators, and
assigns of such other party, in respect to all covenants of this
Agreement. Except as above, neither the City nor the Engineer shall
assign, sublet, or transfer his interest in this Agreement without
the written consent of the other. Nothing herein shall be construed
as creating any personal liability on the part of any officer or
agent of any public body which may be a~party thereto.
SECTION XIII
INSPECTIONS AND AUDIT
The City shall have the right to perform, or cause to be per-
formed, audits of the books and records of the Engineer and inspec-
tions of all places where work is undertaken in connection with this
Agreement, provided that the Engineer shall not be required to keep
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such books and records longer than two (2) years after the termina-
tion of this Agreement.
EXECUTED IN 2 counterparts (each of which is an original) on
behalf of Engineer by its Senior Vice President shown below, and on
behalf of City by its Ma~,~,. _ _ ( thereunto duly
authorized) this 11th day of ~ , 1983.
TURNER COLLIE & BRADEN INC.
Michael B. Hunn,
Senior Vice Presi ent
ATTEST:
~ ~~ /
~' L. A. Bou a' d
Assistant Se~~etary
i
CITY OF LA PORTE
Vir nia Clin
Ma r
ATTEST:
r
~~
Cherie Black
Assistant City Secretary
-16-
• •
,~
ENCLOSURE A
ALLOCATION OF BASIC SERVICE COMPENSATION. The Basic
Service Compensation in percent covers all three phases of service for
a project to be designed for construction.The following allocation of the
Basic Service Compensation generally applies:
Preliminary and Design Phase ...... 85 percent
Construction Phase ............... 15 percent
Total Basic Service Compensation 100 percent
A definite allocation between the Preliminary Phase and the Design
Phase cannot be rigorously established, since the Preliminary services
required vary considerably from project to project. As a general rule,
however, the Preliminary Phase constitutes from 10 to 40 percent of the
total Basic Service Compensation. .
For each separate phase, the compensation percentage is applicable
to the construction cost of the work handled in that phase. The con-
struction cost amount may vary from one phase to the next, depending
upon the work authorized by the Client. Similarly, the compensation
percentage from the curves is normally applicable to each construction
contract for which separate designs and contract documents are to be
prepared, or where different fields of construction are involved.
. • •
~-..... ..::l1 ::~ :Ii 7i .i...i 1.-V :7: f:i3~ ~7 vl.j3
APPLICABILITY. Normally used for projects to be designed for con-
struction where there is a reasonable relationship between construction
cost and the engineering cost of design. The Basic Charge in percent
covers those services described in Section II as the Basic Services.
The Special Services for a project to be designed for construction are
usually furnished directly by the Client, or by the Consulting Engineer,
on the basis of salary cost times a multiplier. For the Special Services,
the multiplier varies from 3.0 to 2.0. Direct non-labor costs for Special
Services are reimbursed at invoice cost plus a nominal surcharge for
handling.
USE OF CURVES. The curves of median compensation which follow
are a plot of the compensation for Basic Services in percent versus the
construction cost of the work authorized at one time by the Client. They
represent median compensation; the appropriate compensation for any
given assignment may vary above or below these curves, depending upon
the relative complexity and various other factors.** It is emphasized
that the curves should ogly be used to compare historical composite
experience with compensation determined by detailed cost analysis for
any specific assignment. The curves should not be used to fix or deter-
mine such compensation.
Curves A and B, page 15, are the current version of those prepared by
the American Society of Civil Engineers for general engineering works,
and reflect the composite experience and judgment of Consulting Engi-
neers throughout the United States, as indicated by responses to a de-
tailed questionnaire. ~ •
Curve C, page 17, applies to project types which experience has demon-
strated require relatively higher engineering cost per construction dollar.
Alterations and changes to existing structures and facilities necessitate
substantially more engineering services than new work. Basic compen-
sation for alteration work should be increased by at least one-third
above the median compensation illustrated by the curves.
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•~• • •
'; ~ Curve A is intended to apply to assignments of which the following are
typical examples:
Water, wastewater and industrial waste treatment plants
Low cost, or complicated, waterfront and marine terminal facilities
Complicated dams and hydro-power installations
Small bridges and bridges which are complicated by involved geo-
metrics and unsymmetrical features, or which require location
- and/or alternate design studies
Grade aossing eliminations
Urban streets and f reeways, including related drainage facilities
Water distribution lines under 16-inch diameter
Sanitary sewage collection lines under 24-inch diameter
Pumping stations
Air pressure runnels
Swimming pools
Foundations
Curve B is intended to apply to less complicated assignments of which
the following are examples:
Large intercepting and relief sewers
Storm sewers and drains
Sanitary sewage collection lines 24-inch diameter and over
Water distribution lines 16-inch diameter and over
Simple bridges and other structures of straightforward or conven-
tionaldesign ,
Dams of average complexity
Airport paving and grading
Irrigation works, except pumping plants
Railways
Levees and flood walls, conventional
Sewer and water tunnels (free air) '
Earthwork and dredging
Highways and rural roads, except !ow-cost rural roads
High-cost wharf f acilities of conventional design
Retaining walls and bulkheads, conventional
Roads and streets
• •
MEMORANDUM
CITY OF LA PORTE
T0: Mayor Malone and Councilpersons
FROM: Planning and Zoning Commission
SUBJECT: Request of Mr. & Mrs. Arlie Brantley to Rezone Lots 161
and 162, Block 10, Section 2 of Spenwick Place from
Residential to Commercial
DATE: May 23, 19$5
Mr. and Mrs. Arlie Brantley met with the Planning and Zoning
Commission in Public Hearing on May 2, 1985, and requested that
the above referenced property be rezoned from Residential to
Commercial. They presently have a business located on the
property (Judge's Outboards), and would like for the zoning
classification to conform with the present use.
The Planning and Zoning Commission respectfully requests that City
Council set a date for a public hearing to consider the Brantley's
request.
Respectfully submitted:
Doug Latimer, Chairman
Planning & Zoning Commission
DL/eb
Enc.
• .. •
~•.
~~
d./ .5'~ / 4 ~5
.,
. ..~
L.APORTE, TEXAS..
CITY SE'CR~~'TARY OF LAPORTE', TEXAS,
ARLIE W BRANTLEY AND ,4IFE, A JANIE BRA'VTLEY own LOT 162 and
LOT 161, BLOCK I0, SECTION 2 of SPLNWICK PLACE and request that
this property be Rzoned COHiP~RCIAL.
This property has been commercial since before we purchased
it in I956 and there has been a common building operating as a
business (JUDGES OUTBOARD) for the past 2I years. Presently, it
is used as rental property to retail sales businesses and plans
are to continue on this basis. We also have paid taxes rated as
commercial property since year of purchase.
C
We, therefore, submit this request toRZONL LOT 161 and LOT162'
as commercial, that being the classification prior to annexation
of LAPORTE on Jan I, 19~+••
Attachments of proof of ownership and a map are enclosed.
Also enclosed is a check for $I00.00 for application fee.
r
/ /.
--
ANTE W B.ttANTLEY ` ~ ~
,~~,/f
~JANIE/$RANTLEY
- .2..