HomeMy WebLinkAbout1992-02-24 Regular Meeting• i
MINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL
FEBRUARY 24, 1992
1. The meeting was called to order by Mayor Malone at 6:00 P.M.
Members of City Council Present: Mayor Norman Malone,
Councilpersons Guy Sutherland, Mike Cooper, Bob Thrower, Bob
McLaughlin, Alton Porter (arrived at 6:12 P.M.), Deotis Gay,
B. Don Skelton, Jerry Clarke
Members of City Council Absent: None
Members of City Staff Present: City Manager Bob Herrera, City
Attorney Knox Askins, City Secretary Cherie Black, Assistant
City Manager John Joerns, Planning Director Chuck Harrington,
Police Chief Bobby Powell, Director of Public Works Steve
Gillett, Finance Director Jeff Litchfield, Finance Officer
Linda Stubbs, Human Resources/Purchasing Manager Louis Rigby,
Municipal Court Judge J. B. Williamson
Others Present: Five citizens
2. The invocation was given by Councilperson Clarke.
3. Council considered approving the minutes of the regular
meeting held February 10, 1992.
Motion was made by Councilperson Skelton to approve the
February 10 minutes as presented. Second by Councilperson
Thrower. The motion carried, 8 ayes and 0 nays (Councilperson
Porter had not yet arrived).
Ayes: Councilpersons Sutherland, Cooper, Thrower,
McLaughlin, Gay, Skelton, Clarke and Mayor Malone
Nays: None
4. A proclamation for Vietnam Veterans Day was to have been
presented. Since there was no one present to receive the
proclamation, the Mayor announced that the Vietnam Memorial
will be on display at Forest Park East in League City from
March 20 through March 22.
5. Ms. Lisa Honeycutt addressed Council regarding the newly
installed wheelchair ramps and curbing on Main Street. She
is very pleased with it, and expressed hopes that each budget
year more could be added.
6. Presentation of the 1991 Comprehensive Annual Financial Report
was delayed until representatives of the auditing firm
arrived.
•
•
Minutes, Regular Meeting, La Porte City Council
February 24, 1992, Page 2
7. Council considered an ordinance authorizing the City Manager
to execute an agreement with H. Carlos Smith Engineers and
Surveyors, Inc., for professional engineering services for
replacement of pavement on East H.
Motion was made by Councilperson Gay to award the professional
engineering services agreement to H. Carlos Smith Engineers
and Surveyors, Inc., by adopting Ordinance 1809. Second by
Councilperson Skelton. The motion carried, 9 ayes and 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Thrower,
McLaughlin, Porter, Gay, Skelton, Clarke and Mayor
Malone
Nays: None
8. Council considered an ordinance authorizing the City Manager
to execute an agreement with Manning Engineering for
professional engineering services for rehabilitation of
Hillridge bridge.
The City Attorney read: ORDINANCE 1813 - AN ORDINANCE
APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA
PORTE AND MANNING ENGINEERING CORPORATION, FOR PROFESSIONAL
SERVICES FOR THE REHABILITATION OF HILLRIDGE BRIDGE; MAKING
VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING
AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Cooper to adopt Ordinance
1813 as read by the City Attorney. Second by Councilperson
Thrower. The motion carried, 9 ayes and 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Thrower,
McLaughlin, Porter, Gay, Skelton, Clarke and Mayor
Malone
Nays: None
9. Council considered an ordinance closing the alley between Lots
1 through 7 and 8 through 14, in Block One of Sylvan Beach
First Subdivision.
The City Attorney read: ORDINANCE 1814 - AN ORDINANCE
VACATING, ABANDONING AND CLOSING THE ALLEY IN BLOCK 1, SYLVAN
BEACH, FIRST SUBDIVISION, IN THE JOHNSON HUNTER SURVEY, A-35,
LA PORTE, HARRIS COUNTY, TEXAS; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Skelton to adopt Ordinance
1814 as read by the City Attorney. Second by Councilperson
Gay. The motion carried, 9 ayes and 0 nays.
Minutes, Regular Meeting, La Porte City Council
February 24, 1992, Page 3
Ayes: Councilpersons Sutherland, Cooper, Thrower,
McLaughlin, Porter, Gay, Skelton, Clarke and Mayor
Malone
Nays: None
At this time, Finance Director Jeff Litchfield was called upon
to present item 6, the 1991 CAFR report. Jeff reviewed the
document, then introduced Chuck Yaple and Chris Breaux, Null
& Associates, the City's auditors. Mr. Yaple spoke on behalf
of the firm to compliment the City's standing.
10. Council considered a resolution authorizing participation in
H-GAC D.A.R.E. grant program.
The City Attorney read: RESOLUTION 92-03 - A RESOLUTION BY
THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, AUTHORIZING
THE SUBMISSION OF A GRANT REQUEST TO THE GOVERNOR'S CRIMINAL
JUSTICE DIVISION FOR FUNDING TO THE CITY OF LA PORTE, TEXAS,
FOR A PROGRAM KNOWN AS JUVENILE JUSTICE & DELINQUENCY
PREVENTION ACT
Motion was made by Councilperson Cooper to adopt Resolution
92-03 as read by the City Attorney. Second by Councilperson
Thrower. The motion carried, 9 ayes and 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Thrower,
McLaughlin, Porter, Gay, Skelton, Clarke and Mayor
Malone
Nays: None
11. Council considered a resolution authorizing submission of
application for third year grant for Computer Aided Dispatch
(CAD) Program.
The City Attorney read: RESOLUTION 92-04 - A RESOLUTION BY
THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, AUTHORIZING
THE SUBMISSION OF A GRANT REQUEST TO THE GOVERNOR'S CRIMINAL
JUSTICE DIVISION FOR FUNDING TO THE CITY OF LA PORTE, TEXAS,
FOR A PROGRAM KNOWN AS INFORMATION SYSTEMS/COMPUTER AIDED
DISPATCH
Motion was made by Councilperson Skelton to adopt Resolution
92-04 as read by the City Attorney. Second by Councilperson
Clarke. The motion carried, 9 ayes and 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Thrower,
McLaughlin, Porter, Gay, Skelton, Clarke and Mayor
Malone
Nays: None
Minutes, Regular Meeting, La Porte City Council
February 24, 1992, Page 4
12. Administrative Reports
A. City Manager Bob Herrera introduced Charles "Chuck"
Harrington, the City's new Planning Director.
B. Municipal Court Judge J. B. Williamson presented a report
to Council regarding different programs which are being
utilized in Municipal Court, most of which are programs
dealing with juvenile offenders.
C. The City Manager reminded Council of the executive
session items to be addressed.
13. Council Action
Councilpersons Sutherland, Cooper, Thrower, McLaughlin,
Porter, Gay, Skelton, Clarke and Mayor Malone brought items
to Council's attention.
14. Council adjourned into executive session at 7:06 P.M. to
address the following: (A) V.A.T.S. - Article 6252-17,
Section 2(E) - (Legal) - Meet with Counsel regarding Houston
Chemical Services, Inc./Southern Ionics, Inc.; (B) V.A.T.S. -
Article 6252-17, Section 2(G) - (Personnel) - Evaluation of
Municipal Court Judge; (C) V.A.T.S. - Article 6252-17, Section
2(G) - (Personnel) - Discuss Council/Staff informational
items. Council returned to the table at 8:24 P.M. No action
was taken on executive session items.
15. There being no further business to come before the Council,
the meeting adjourned at 8:26 P.M.
Respectfully bmitted:
U
Cherie Black, City Secretary
Passed & Approved, this the 2~rd
da of March, 1992 /'
/~G~i~~~
Norman L. Malone, Mayor
Office. of the Mayor
r
~~
~p~~~,~ : More than 58,000 men and women lost their lives on
the battlefields of Vretnarn defending the ideals on which
the United States of 19merica was founded; and
WHEREAS, in 1982 our nation built a monument to the lives lost, the
survivors, and the unresolved feelings toward the war itself,• and
WHEREAS, many people will never have the chance to visit the monument
in Washington, D.C., to begin to resolve their own personal feelings; and
WHEREAS, Forest Park East Cemetery is bring to League City, on Friday,
March 20 t/trough Sunday, March 22, 1992, a 240 foot replica of the Vietnam Veterans
Memorial that will allow our citizens to experience tl:e intense human emotion associated with
the monument.
NOW, THEREFORE, I, NORMAN L. MALONE, MAYOR of the City
of La Porte, do hereby proclaim Saturday, March 21, 1992, as
VIETNAM VETERANS DAY
in the City of La Porte, and encourage all citizens to visit the Vietnam Memorial while it is
being displayed in League City.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
Seal of the City to be affrxed hereto, this the 24th day of February, 1992.
CITY OF LA PORTE
Norman L. Malone, Mayor
;~~ ~ G /
I ~ ~ ~~
REST FOR CITY COUNCIL AGEND~TEM
Agenda Date Requested: February 24, 1992
Requested By:
XXX
S. Gillett Department:
Report Resolution _
Exhibits: Proposal from H. Carlos Smith Engineers and Surveyors, Inc.
Proposed Budget
Memo of January 27, 1992
Plat of Proposed Improvements
SUMMARY & RECOMMENDATION
The City of La Porte's 1991-92 Budget allocates ,$175,000 for the
replacement of the concrete pavement on East H Street. An additional
$20,000 is available from funds remaining from the joint venture with
Harris County Precinct 2 for contract overlay, for a total of~$195,000 to
design and construct the Project.
H. Carlos Smith Engineers And Surveyors, Inc. has submitted a proposal to
provide the necessary professional engineering and surveying services for
the Project, including paving, storm sewers and sanitary sewer lines. The
proposed design budget is as follows.
Preliminary Engineering Phase $ 5,200
Design Phase 6,400
Construction Phase 2,400
Total Engineering 1$ 4,000
It is recommended that the City Council authorize the City Manager to
execute an agreement with H. Carlos Smith Engineers and Surveyors, Inc. to
provide professional engineering services for the design of improvements to
East H Street for an amount not to exceed $14,000.
Action Required by Council: Authorize the City Manager to execute an
agreement with H. Carlos Smith Engineers and Surveyors, Inc. to provide
professional engineering services for an amount not to exceed $14,000.
Availability of Funds:
xxxx General Fund
Capital Improvement
xxxx Other (Utility CIP Fund)
Account Number:
Water/Wastewater
General Revenue Sharing
Funds Available: xx YES NO
Approve or City Counci Agen a
Robert T. Herrera DATE
City Manager
Public Works
Ordinance
ORDINANCE NO. 1809
•
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY
OF LA PORTE AND H. CARLOS SMITH ENGINEERS & SURVEYORS, INC., FOR THE
EAST "H" STREET PROJECT; MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT; 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 City Council hereby approves and authorizes the
contract, agreement or other undertaking described in the title of
this ordinance, in substantially the form as shown in the document
which is attached hereto and incorporated herein by this reference.
The City Manager is hereby authorized to execute such document and
all related documents on behalf of the City of La Porte. The City
Secretary is hereby authorized to attest to all such signatures and
to affix the seal of the City to all such documents.
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.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 24th day of February, 1992.
CITY OF LA PORTE
BY
Norman L. Malone, Mayor
ATTEST:
Cherie Black
City Secretary
APP 0 ED: /, > "
~N ,
Knox W. Askins
City Attorney
• •
H. CARLOS SMITH
ENGINEERS AND SURVEYORS. INC.
423 N. HWY. 146 P.O. BOX 529 (713) 471-4226
lA PORTE, TEXAS 77572-0529
January 31, 1992
City of La Porte .
P. 0. Box 1115
La Porte, Texas 77572-1115
Attn: Mr. Steve Gillette
Director of Public Works
Re: Engineering Proposal
East H Street Improvements
Dear Steve:
Forwarded herewith is our proposal to provide the necessary
professional engineering and surveying services for the proposed
re-construction of the improvements to the East H Street
Paving, storm drains and sanitary sewer lines in the general area
between San Jacinto Avenue and Park Street as we previously
discussed.
We trust this proposal will meet with your approval. We wish
to think you for allowing our firm the opportunity to provide you
with this proposal to meet your engineering and surveying needs.
We are looking forward to working with you on this project should
our firm be selected.
Very truly yours,
H. Car s it Engineers & Surveyors, Inc.
/~~
H. Carlos Smith, P.E.
President
HCS/kr
Enclosure
• •
H. CARLOS SMITH
ENGINEERS AND SURVEYORS, INC.
423 N. HWY. 146 P.O. BOX 529 (713) 471-4226
LA PORTE. TEXAS 77572-0529
3anuary 31, 1992
City of La Porte
P. 0. Box 1115
La Porte, Texas 77572-1115
Attn: Mr. Bob Herrera
City Manager
Re: East H Street Improvements
Dear Mr. Herrera:
We propose to render professional engineering services in
connection with the East H Street Improvements. You are
expected to furnish us with full information as to your
requirements including any special or extraordinary consideration
for the Project or special services needed, and also to make
available pertinent existing data.
Our proposal is more fully described as follows:
I. SCOPE OF WORK
The scope of work involves the Preliminary Engineering
Phase, Design Phase and the Construction Phase for the
replacement and re-routing of approximately 1,050 feet of
sanitary sewer line, including service lines and all
appurtenances there-to; the removal and replacement of
approximately 3,000 square yards of reinforced concrete pavement
with curbs; the lime stabilization of approximately 3,500 square
yards of subgrade; the removal and replacement of approximately
13 storm water inlets; the investigation and repair of
approximately 1,100 linear feet of storm sewer line of various
sizes; the removal and replacement of approximately 250 square
yards of asphalt transitions and including the final grading and
clean up of the construction area.
The scope of work will consist of the preliminary
engineering phase including consultations with the Owner, or his
representatives, to determine the extent of the project, prepare
preliminary design criteria, preliminary drawings and outline
specifications, and a preliminary cost estimate, and outlining
recommendations of the Engineer; complete design including
preparation of plans and specification for the construction of
the improvements, the identification of any public utilities
interfering with the proposed improvements and the notification
of these utility companies; the identification of all agencies
requiring plan review and approvals and assistance to the City in
obtaining permits and plan approvals from these agencies.
Assist the City in advertising, receiving and analyzing bids
from contractors for the construction of the Project, awarding of
contract, preparation of contract documents and perform contract
administration during construction.
Page 1 of lA
• •
TT. SCOPE OF SERVICES
ENGINEERING AND DESIGN:
Project Manager for this project will be Mr. H. Carlos
Smith, P.E., assisted by Mr. James F. Beck, R.P.S. Schedule of
work is detailed below. Consultations with City staff,
regulatory agencies and utility companies will be on going as the
project progresses.
The Engineer will not proceed from one phase to the next
phase without written approval and authorization to proceed from
the City of La Porte.
The purpose of the Preliminary Phase is to define the
overall concept and refine the scope of work of the project to be
incorporated in the Design Phase. Major questions of design and
utility interference will be resolved with an "end product" to be
clearly defined.
Work to be perf orrned in the preliminary phase will include:
1. Establish design criteria from the City's
Comprehensive Plan and recommend any changes or additions.
2. Make recommendations as to alignment and grade to
avoid interference with existing and future improvements.
Evaluate advantages and disadvantages of alternate construction
and prepare preliminary cost estimates.
3. Establish and recommend the scope of any soil and
foundation investigations, which in the opinion of the Engineer
may be required; upon written authorization by the City, the
engineer shall arrange for such work to be done by a sub-
contractor approved by the City.
4. Conduct additional field surveys, necessary to
assist with alignment and grade determination, including
topographic information with existing grades, and information
necessary to verify public and franchise utilities and related
structures within or crossing the proposed alignment and to
determine their interference with the Project.
5. Determine and define all regulatory agency
requirements such as Harris County Flood Control District, and
assemble applicable codes and standards.
6. Identify any potential problems, present alternate
resolutions for each problem, and recommend, with reasoning for
recommendation, problem solutions.
7. Outline design criteria and standards and methods
used.
Page 2 of 19
• •
8. Finalize scope of work, schedule and proposed budget
for the Design Phase, including breakdown of all other services
required to complete the Design Phase.
9. Prepare Preliminary Plan and Preliminary Cost
Estimate and furnish 5 copies of preliminary documents to City
for approval prior to starting the Design Phase.
All items will be coordinated with the City staff and assist
City in discussions with adjacent property owners. Conduct two
progress meetings with owner.
Upon completion of Preliminary Engineering Phase, and upon
written approval of the Preliminary Engineering Report by the
City, the Engineer shall proceed with Design Phase. Work to be
performed in the Design Phase shall include the following:
1. Conduct field surveys necessary to complete the
design of the project.
2. Collect available plats, easement descriptions and
right-of-way for the project area.
3. Establish design standards and methods and detail
areas requiring special design considerations. Evaluate
alternate construction standards and alternate pipe materials.
4. Assist the City in obtaining approvals of all
regulatory agencies such as Harris County Flood Control District,
Texas State Health Department and Harris County. Preliminary
plans approved by the City shall be submitted to regulatory
agencies for approval and/or permitting.
5. Notify franchise utilities of any conflicts with
proposed improvements and arrange for any necessary relocations.
6. Prepare preliminary construction drawings and
specifications for review by the City, and prepare estimate of
construction cost.
7. After review of preliminary construction drawings
and specifications, complete final construction drawings and
specifications and prepare contract documents.
8. Submit final contract documents to the City for
final review.
Page 3 of 19
• •
9. Conduct two progress meetings with the owner.
10. Upon final approval by the City, furnish Owner with
five copies of final contract documents, and final detailed
construction cost estimate. Furnish Owner 10 copies of final
contract documents and detailed construction drawings for bidding
process. Additional copies for bidding purposes will be
furnished at reproduction cost.
Upon completion of the Design Phase and upon written
approval of the City, the Engineer shall proceed with the
Construction Phase. Work to be performed under the Construction
Phase shall include the following:
1. Assist the City in Pre-qualifications of Contractors.
2. Assist the City in advertising for bids for the Project
and notifying prospective Contractors of the scope of the
Project.
3. Conduct pre-bid conferences.
4. Assist the City in receiving, opening and analyzing
bids.
5. Make recommendation to the City for award of the
contract to the lowest qualified Contractor.
6. Notify Contractor of award of bid and prepare Contract
Documents with approval of City Attorney.
7. Conduct Pre-Construction conferences.
8. Re-establish alignment and bench marks for horizontal
and vertical control for use by the Contractor. Furnish City and
Contractor with information.
9. Perform contract administration during construction.
10. Provide mylars of record drawings to City of La Porte,
upon completion of construction. Information to be obtained from
Contractors record prints.
Page 4 of 19
• •
III. SCHEDULE
The Engineer is ready, willing and able to start work
immediately upon receipt of a signed contract with the City on
this project. Anticipated schedule of completion of each phase
is as outlined below, based on working days.
A. Preliminary Engineering Phase
1. Field Surveys 3 days
2. Preparation of Preliminary
design, plan, and documents 10 days
ESTIMATED TIME 13 days
B. Final Design Phase
1. Final Field Surveys
2. Preparation of Preliminary
Contract Documents, etc.
3. Preparation of Final
Contract Documents
ESTIMATED TIME
C. Construction Phase
1. Contract Administration
ESTIMATED TIME
TOTAL ESTIMATED TIME
1 day
20 days
4 days
25 days
10 days
10 days
48 days
IV. COMPENSATION
A. Preliminary Engineering Phase:
Engineering fee based on per diem rates and man hours
expended on the project estimated at $ 5,200.00 .
B. Design Phase:
Engineering fee based on per diem rates and man hours
expended on the project estimated at $ 6,400.00 .
Page 5 of 19
C. Construct Phase:
Engineering fee based on per diem rates and man hours
expended on the project estimated at $ 2,400.00 .
Total engineering fee based on per diem rates shall not
exceed $14,000.00 .
Fee includes only those Services named in the scope
of services. Copy of per diem rates attached hereto as
Exhibit "B".
D. Special Services:
Special Services as outlined in the T.S.P.E. Manual we
would perform at our per diem rates. Copy of Per Diem Rates
attached hereto as Exhibit B. These special services are limited
to the items on the enclosed list of special services from the
T.S.P.E. Manual, "General Engineering Services", under Section V
Special Services, Exhibit A.
Field surveys to collect information required for both
preliminary and design phases shall be performed at our per diem
rates. These services are included in the fee under Section IV-A
through C above for this project.
Soil and foundation investigations including field and
laboratory testing and related engineering analysis and
recommendations would be contracted for at our cost plus 10% for
handling or may be furnished by the City.
E. Travel:
Travel expenses will not be charged for within the
limits of Harris County. Travel outside the County is computed
at the rate of 30 cents per mile.
F. Terms:
Invoices will be submitted monthly based on per diem
rates with net payment due within 14 days of invoice. Late
payments will incur a late charge of one and one-half (1 1/2)
percent per month from the original invoice date. Invoice to
include a summary of man hours expended on the project.
G. Conditions:
If project is significantly changed in scope as
outlined, fee will be adjusted by mutual agreement between
Engineer and Owner.
Page 6 of 19
•
V. SPECIAL SERVICES:
1. Services of a resident Project Representative, and other
field personnel as required, for on-the-site observation of
construction.
2. Land surveys, and establishment of boundaries and
monuments, and related office computations and drafting.
3. Preparation of property or easement descriptions.
4. Preparation of any special reports required for
marketing of bonds.
5. Appearances before regulatory agencies, other than
required for routine permitting.
6. Assistance to the Owner as an expert witness in any
litigation with third parties, arising from the development of
construction of the Project, including preparation of engineering
data and reports.
7. Detailed mill, shop and/or laboratory inspection of
materials or equipment.
8. Revision of contract drawings after a definite plan has
been approved by the owner and re-drawing of plans to show work
as actually constructed.
9. Services after issuance of Certificate of Completion.
10. Services to investigate existing conditions or
facilities or to make measured drawings thereof, or to verify
accuracy of drawings or other information furnished by Client.
11. Preparation of "As-Built" drawings.
12. Any other special or miscellaneous assignments
specifically authorized by Owner.
Page 7 of 19
•
January 1, 1992
PER D = EM RATE S
Engineer or Principal
Registered Surveyor
Engineer Assistant
Draftsman
Inspector, (Full Time)
Computation and Computer Time
Clerical
Survey Field Party
2 Men
3 Men
Each additional Man/Crew
$80.00/hour
$65.00/hour
$45.00/hour
$30.00/hour
$50.00/hour
$45.00/hour
$20.00/hour
$50.00/hour
$70.00/hour
$15.00/hour
E. D. M. $60.00/hour
Title and Record Search $45.40/hour
Mileage from and return to La Porte
(Outside of Harris County) $0.30/Mile
Plus Expenses Outside of Harris County for Overnight
or Extended Trips ~~
Per Diem Rates include all taxes, insurance and overhead; except
for state sales tax.
Page 8 of 19
• •
We would expect to start our services promptly after receipt of
your acceptance of this proposal and to complete our services in
accordance with Section III, Schedule.
If there are protracted delays for reasons beyond our control, 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.
We would need to know your total budgetary limitations for this
project.
We will endeavor to work within these limitations and will submit
to you, periodically, through each phase of our services our
opinions of estimated construction costs and where appropriate
recommend an adjustment in the budget or a revision in the extent
or quality of the Project. We do not guarantee that our opinions
will not differ materially from negotiated prices or bids. If
you wish greater assurance as to probable Construction Costs or
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
relationship with you, are set forth in the printed General
Provisions thereto which are attached to and made a part of this
proposal. Your particular responsibilities are also set forth in
the General Provisions.
This proposal, the Exhibits and the General Provisions consisting
of 19 pages, 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 February 15, 1992, unless changed by us
in writing.
Very truly yours,
H. Carlos Smith, Engineers & Surveyors, Inc.
C
/ ~ I
~ ~
H. Carlos Smith, P.E.
President
Accepted this day of 19
City of La Porte
By:
Bob Herrera, City Manager
HCS/kr
Page 9 of 19
•
GENERAL PROVISIONS:
Attached to and made a part of LETTER AGREEMENT dated February
18, 1989, between City of La Porte, Texas (Owner) and H. Carlos
Smith, Engineers & Surveyors, Inc., (Engineer) in respect of the
project (Project) described therein.
SECTION I - 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 ENGINEERING PHASE
After written authorization to proceed with the Preliminary
Design Phase, ENGINEER shall:
1.2.1. 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 specifications.
1.2.3. Based on the information contained in the preliminary
design documents, submit a revised opinion of probable Project
Cost.
1.2.4. Furnish five copies of the above preliminary design
documents and present and review them in person with the OWNER.
The duties and responsibilities of ENGINEER during the
Preliminary Engineering Phase are amended and supplemented as
indicated in the Scope of Services.
1.3. DESIGN PHASE
After written authorization to proceed with the Design Phase
ENGINEER shall:
1.3.1. On the basis of the accepted preliminary design documents
prepare for incorporation in the Contract Documents, final
drawings to show the character and scope of the work to be
performed by Contractors on the Project (hereinafter called
"Drawings"), and Specifications.
Page 10 of 19
•
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 the 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 Specifications.
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 Design Phase are amended
and supplemented as indicated in the Scope of Services.
1.4. CONSTRUCTION PHASE
During the Construction Phase the ENGINEER shall:
1.4.1. 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 (1983 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 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.
Page 11 of 19
• •
1.4.2. 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 means,
methods, techniques, sequences 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 observations 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.
1.4.3. Review and approve (or take other appropriate action in
respect of) Shop Drawings (as that term is defined in the
aforesaid Standard General Conditions) and samples, the results
of tests and inspections and other data which each Contractor is
required to submit, but only for conformance with the design
concept of the Project and compliance with the information given
in the contract Documents (but such review and approval of other
action shall not extend to means, methods, sequences, techniques
or procedures of construction or to safety precautions and
programs incident thereto); determine the acceptability of
substitute material and equipment proposed by Contractor(s); and
receive and review (for general content as required by
Specifications) maintenance and operating instruction, schedules,
guarantees bonds and certificates of inspection which are to be
assembled by Contractor(s) in accordance with the Contract
Documents.
1.4.4. 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, 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 of decisions
rendered by him in good faith.
Page 12 of 19
1.4.5. Based on E•INEER's on-site observati• as an
experienced and qualified design professional and on review of
applications for payment and the accompanying data and schedules,
determine the amounts owing to Contractor(s) and recommend in
writing payments to Contractor(s) in such amounts; such
recommendations of payment will constitute a representation to
OWNER, based on such observations and review, that the work .has
progressed to the point indicated, that, to the best of
ENGINEER's knowledge, information and belief, the quality of such
work is in accordance with the Contract Documents (subject to an
evaluation of such work as a functioning Project upon Substantial
Completion, too the results of any subsequent tests called for in
the Contract Documents, and to any qualifications stated in his
recommendation), and that payment of the amount recommended is
due Contractor(s); but by recommending any payment ENGINEER will
not thereby be deemed to have represented that continuous or
exhaustive examinations have been made by ENGINEER to check the
quality or quantity of the work or to review the means, methods,
sequences, techniques or procedures of construction or safety
precautions or programs incident thereto or that ENGINEER has
made an examination to ascertain how or for what purposes any
Contractor has used the monies 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.
1.4.6. 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 expressed), but any such recommendation and
notice shall be subject to the limitations expressed in
paragraph 1.5.5.
1.4.7. ENGINEER shall not be responsible for the acts or
omissions of any Contractor, or subcontractor, of any of the
Contractor(s) or subcontractors' agents or employees or any other
persons (except ENGINEER'S own employees and agents) at the site
or otherwise performing any of the Contractor(s) work; however,
nothing contained in paragraphs 1.5.1. through 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 13 of 19
SECTION II - SPECIAL SERVICES OF ENGINEER •
2.1. Normal and customary engineering services do not include
services in respect of the following categories of work which are
usually referred to as Additional or Special Services. If OWNER
wishes ENGINEER to perform any Special Services, he shall so
instruct ENGINEER in writing, and ENGINEER will be paid therefor
as provided in the Letter of Agreement.
SECTION III - 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, probing 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 services required in respect of
Contractor(s) applications for payment, and any inspection
services to determine if Contractor(s) are performing the work
legally.
Provide field control surveys and fix 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 Contractors},
Page 14 of 19
SECTION IV - MEANING OF TERMS
•
4.1. As used herein the term "this Agreement" refers to the
Letter Agreement to which these General Provisions are attached
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 "Construction Cost") means the total cost of the
entire Project to OWNER, but it will not include ENGINEER'S
compensation and expenses, the cost of land, rights-of-way, or
compensation for or damages to, properties unless this Agreement
so specifies, nor will it include OWNER'S legal, accounting,
insurance counseling or auditing services, or interest and
financing charges incurred in connection with the project. When
Construction Cost is used as a basis for payment it will be based
on one of the following sources with precedence in the order
listed for work designed or specified by ENGINEER.
4.2.1. For completed construction work the total cost of alI
work performed as designed or specified by ENGINEER.
4.2.2. For work designed or specified but not constructed, the
lowest bona fide bid received from a qualified bidder for such
work; or, if the work is not bid, the lowest bona fide negotiated
proposal for such work.
4.2.3. For work designed or specified but not constructed upon
which no such bid or proposal is received, the most recent
estimate of Construction Cost, or, if none is available,
ENGINEER'S most recent opinion of probable Construction Cost.
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,
surveyors, 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, workmen's compensations,
health and retirement benefits, sick leave, vacation and holiday
pay applicable thereto.
Page 15 of 19
4.4. The Payroll Costs used as a basis for p• ent mean salaries
and wages (basic and incentive) paid to all personnel engaged
directly on the Project, including, but not limited to,
engineers, architects, surveyors, designers, draftsmen,
specifications writers, estimators, other technical personnel,
stenographers, typists and clerks.
Additional employees may be added or employees may be terminated
during the term of this contract.
4.5. 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 Project-related items in addition to
those required under 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
Additional 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 V - MISCELLANEOUS
5.1. REUSE OF DOCUMENTS
All documents including Drawings and Specifications prepared by
ENGINEER pursuant to this Agreement are instruments of service in
respect of the Project. They are not intended or represented to
be suitable for reuse by OWNER or others on extensions of the
Project of or any other project. any reuse without written
verification of adaptation by ENGINEER for the specific purposes
intended will be at OWNER's sole risk and without liability or
legal exposure to ENGINEER; and OWNER shall identify and hold
harmless ENGINEER from all claims, damages, losses and expenses
including attorney's fees arising out of or resulting therefrom.
Any such verification or adaptation will entitle ENGINEER to
further compensation at rates to be agreed upon by OWNER and
ENGINEER.
Page 16 of 19
•
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 competitive
bidding or market conditions, his opinions of probable Project
Cost and Construction Cost provided for herein are to be made on
the basis of his experience and qualifications and represent his
best judgement as an experienced and qualified professional
engineer, familiar with the construction industry; but ENGINEER
cannot and does not guarantee that proposals, bids or actual
Project of Construction Cost will not vary from opinions of
probable cost prepared by him. If prior to the Bidding of
Negotiating Phase OWNER wishes greater assurance as to Project of
Construction Cost he shall employ an independent cost estimator
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 thirty days after receipt of ENGINEER'S bill
therefor, the amounts due ENGINEER shall include a charge at the
rate of 1 1/2% per month from said thirtieth 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 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.
5.5. SIICCESSORS AND ASSIGNS
5.5.1. OWNER and ENGINEER each binds himself and his partners,
successors, executors, administrators, assigns and legal
representatives to the other party of this Agreement and to the
partners, successors, executors, administrators, assigns, and
legal representatives of such other party, in respect to all
covenants, agreements and obligations of the Agreement.
Page 17 of 19
5.5.2. Neither O~R nor ENGINEER shall assi~n, sublet or
transfer any rights under or interest in (including, but without
limitation, monies that may become due or monies 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 deed appropriate to assist him in the performance of services
hereunder.
5.5.3. Nothing herein shall be construed to give any rights or
benefits hereunder to anyone other than OWNER and ENGINEER.
5.6. ARBITRATION
5.6.1. All claims, counterclaims, disputes and other matters in
question between the parties hereto arising out of or relating to
this Agreement or the breach thereof will be decided by
arbitration in accordance with the Construction Industry
Arbitration Rules of the American Arbitration Association then
obtaining, subject to the limitations and restrictions stated in
paragraphs 5.6.3. and 5.6.4. below. This agreement so to
arbitrate and any other agreement or consent to arbitrate entered
into in accordance herewith as provided in this paragraph 5.6.
will be 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.
Page 18 of 19
5.6.3. All demand 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 that $200,000
(exclusive of interest and costs) or to render a monetary award
in response thereto against any party which totals more the
$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 any other
manner, any person or entity who is not a party to this
Agreement.
5.6.5. By written consent signed by all the parties to the
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 claim, counterclaim, dispute or other
matter in question will constitute consent to arbitrate any other
claim, counterclaim, dispute or other matter in question which is
not specifically described in such consent or in which the sum or
value in controversy exceeds $200,000 (exclusive of interest and
costs) 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 19 of 19
~ ~
PROPOSED BUDGET
EAST H STREET RECONSTRUCTION
PROPOSED FUNDING
UTILITY CIP FUND (003) - RECONSTRUCTION OF H ST. 5i7~,000
GENERAL FT.:ND OPERATING (001) - REMAINING CROM
CONTRACT OVERLAY - JOINT DENTURE HARRIS COUNTY ?0,000
TOTAL A~~.~ILABLE BUDGET $19,000
PROPOSED EYPENDITURES
ENGINEERING AND COtiSTRUCTION ADMINISTRATION 5 1,000
RECCtiSTRGCTION OF STREET, STORM AND SANITARY
SE~MER LIZES ON EAST H STREET 175,000
CONTINGE\TCY 6, 000
TOTAL PROPOSED E:~PENDITURES Si35,000
CIT`1 OE LA PORTE
INTER OFFICE MEMORANDQM
January 27, 1992
TO: Robert
ERONI: ~ e
•
T. Herrera, City Manager
Gillett, Director of Public Works
SLBJE Proposed Street Improvements
East H Street Between S. Virginia and S. Utah
The 1991-92 Budget allocated 517,000 for replacement of the
concrete pavement on East H Street. The replacement is necessary
due to damages from sewer repair, construction of the East La Porte
Relief Sewer and deteriorating storm sewers.The budgeted amount
included street replacement and storm sewer rehabilitation.
A routine T.V. inspection of the existing sanitary sewer revealed
advanced decay of the pipe material. Additionally, the line is
located under the paved street section and is undersized. In fact,
the existing 8" line carries sewer from two intersecting 8" lines.
It is recommended that the existing 8" sanitary sewer located under
this street be enlarged and relocated adjacent to the pavement.
H. Carlos Smith Engineers and Surveyors, Inc. was asked to examine
the proposed proje~~t and develop a prcposal to desigr. the necessary
improvements. A preliminary estimate from tre Engineer is
extremely close to the budgeted amcunt. The Engineer has propcsed
a design and construction administration budget of S'_4,000.
Additional funds are available from the Street Division's operating
budget. A total of $90,000 was budgeted for contract overlay.
Through an interlocal agreement with Harris County, 570,000 was
approved by Council for the overlay program. A total of $20,000
remains, which could be used to fund the engineering of the East
H Street Project. The proposed budget is attached for your review.
A formal proposal from the Engineer, with alI phases of the work
identified with cost, will be available soon. I will forward it
for further. review as it becomes available. If you have any
questions, please advise.
Attachments
xc: John Joerns, Assistant City Manager
Orville Burgess, Street Superintendent
~~ ~~ t ,, ~~ ~ ~,c,
le"RCP .h' UT I VE ~'
~ 1j~ - ~ f
- ~ 2, ,~ ~.
r ~ I ~ ~ p4 0 \
,a ~~ x ~ ~ ~ ~ rti 2A ~` ~ 0 P + ~~ ~~0~
-x-p ~ -I-p-~='Y -x-- -- o ~ L,f oQ ~~
C~ ~
' ~, T x ~ A ...~
I ,~ ~ ~ ~ ~ ~
18"RCP ~J KANSAS ~opAVE ~ \ ~~ ~
------ .~--^-`-•-~-._1..-.~...1 i ~ of
~~ ~ a I ~'~ \ ~~
o- ~13-
o ~~~ ~ --
~ - ~ ,;
~' ~
~ _ ~~
101 ~I I
l ~ I I ~ -x- I t`
1 \o~' ~ 4
.. Q
. ~ IOWA AV E
-, ~~~ '~
II ~ 1 a ~ ~
h ^ t ~P•
-~ E., ~ ~ ~
~cP ~- ~ ~'
,, {, ~~ .ti ? _ ~y~ ti
• ~ ~ ~~ ~•~
(( 18 RC '7 G? ~ .
\~• I
( ~ • ~ ~ ~ `\ ~~/ dud ~l~'
"RCP ~ VIRGINIA AVE ~,~ .._ ~ "~ ""~
_- _ - - _ `'' r~
~ I Imo` II I -~... ~d_~,~..~.~._ ~ ~
U (~'~)
-- ~ a n I 1 cc
l ~ ~ lD J N -X____ U ~ I I ~ U~ I
J ~ J" '~-N b m a
m m \ - u) 1 P
~ ~ ~~ ti -
1; ~ II ~ i
--x----- .. --~---~- I
- ----- -
-----
,.
I-.
!, I I' ' m ~ ~} ~ ~ /
v'
I I; m M /~ ~ i ' r
i .... _._. __ _ N N `
~ ~. ._... ___.._ I I ~
_... _. ..-.- .._ - N
?4"RCPT SAN JACINTO v p ti
~ ~ -__.. P
---- -'--- -----
rte- ._ --------~
... -pj--
----
o - _---
' 00 a
i
~ 18~'H(~P 1. ___..-~ f n r io = \ ~
II U
~~ .._.._ Cp ~'~~,~ ~ ~ ~ ~ ~~)
`, i a a~ ~ ~. .5 Z ~~
•
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
Requested By: John
Report
XX Ordinance
Administration
Exhibits: Ordinance 1813
Technical Services Proposal from Manning Engineering Corporation for
Hillridge Bridge Rehabilitation, dated February 11, 1992
SUMMARY & RECOMMENDATION
This years General Fund CIP budget includes $130,000 for the rehabilitation of Hillridge
Bridge. This budget number was derived from an earlier preliminary investigation
conducted by Bill Manning. Because of his familiarity with the project, I asked him to
submit a proposal that would include the professional engineering services necessary to
prepare a final recommendation, plans and specifications, and provide support through
the bidding and construction phase.
Mr. Manning has prepared a proposal to offer these services for the lump sum fee of
$9,250.00. The budgeted salary for the City Engineer's position (vacant) is recommended
as a source of funds. If approved the necessary funds will be transferred to 001-900-
900-507 professional services.
You may note that the proposal is not very lengthy and does not include the usual
verbiage for services related to preliminary investigations, laboratory fees, etc. This is
because the investigative work has already been completed and serves as the beginning
point for the services offered here.
Action Required by Council:
Approve Ordinance 1813 authorizing execution of a professional services agreement for
the Hillridge Bridge Rehabilitation with Manning Engineering Corporation in the amount
of $9,250. Approve the budgeted salary for the City Engineer's position as the source
of funds.
Availability of Funds:
XX General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
Other (None required)
Account Number: 001-900-900-507 Funds Available: XX YES NO
Approved for City Council Agenda
VC~Z' b~-~ i..- l ~ - ~Z
February 24, 1992
Department:
Manager
Robert T. Herrera DATE
City Manager
•
•
ORDINANCE N0. 1813
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY
OF LA PORTE AND MANNING ENGINEERING CORPORATION, FOR PROFESSIONAL
SERVICES FOR THE REHABILITATION OF HILLRIDGE BRIDGE; MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; 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 City Council hereby approves and authorizes the
contract, agreement or other undertaking described in the title of
this ordinance, in substantially the form as shown in the document
which is attached hereto and incorporated herein by this reference.
The City Manager is hereby authorized to execute such document and
all related documents on behalf of the City of La Porte. The City
Secretary is hereby authorized to attest to all such signatures and
to affix the seal of the City to all such documents.
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.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 24th day of February, 1992.
CITY OF LA PORTE
ATTEST:
Cherie Black
City Secretary
AP VED:
~Gjv~
Knox W. Askins
City Attorney
BY
Norman L. Malone, Mayor
• •
February 11, 1992
1425 26TH STREET
LA PORTE, TEXAS 77571
713 / 471-7590
CITY OF LA PORTE
P.O. Box 115
La Porte, Texas 77572-1115
ATTN: John Joerns
Assistant City Manager
RE: Technical Services Proposal/Agreement
City of La Porte
Hillridge Bridge Rehabilitation
La Porte, Texas
Dear Mr. Joerns,
This letter is Manning Engineering Corporation's Technical
Services Proposal and if approved by signature it shall become our
Technical Services Agreement.
Manning Engineering Corporation agrees to perform the various
services as outlined in Attachment A, Scope of Services, and in
consideration for those services the City of La Porte shall pay
Manning Engineering Corporation according to Attachment B, Payment
Schedule. Work authorized outside of the initial Scope of Services
shall be paid on a negotiated basis.
This constitutes the proposal. If acceptable, please sign as
indicated below and return one copy for my file.
You s,~truly, ~--'
~~~ ~~~
William T. Manning, .E., R.S
President
SIGNATURE:
NAME:
TITLE:
Date
:dr
Attachments
ATTACHMENT A
CITY OF LA FORTE
HILLRIDGE BRIDGE REHABILITATION
BCOPE OF WORK
I. PRELIMINARY PHASE
A. REVIEW CITY FILES AND EVALUATE THE THREE ALTERNATIVES
UNDER CONSIDERATION FOR THE REHABILITATION/REPLACEMENT
OF THE BRIDGE.
B. PREPARE A SUMMARY REPORT WITH RECOMMENDATION FOR STAFF
SELECTION OF ALTERNATIVE.
II. DE8IGN PHABE
A. PREPARE PLANS AND SPECIFICATIONS FOR THE SELECTED
ALTERNATIVE.
B. SUBMIT TO CITY STAFF FOR REVIEW AND APPROVAL TO BID.
III. BIDDING PHASE
A. SUPPORT CITY STAFF IN THE PREPARATION OF BID DOCUMENTS.
B. ATTEND PRE-BID CONFERENCE, BID OPENING, AND PREPARE A BID
TABULATION AND RECOMMENDATION.
IV. CONSTRUCTION PHASE
A. ATTEND PRE-CONSTRUCTION MEETING.
B. REVIEW CONTRACTOR TECHNICAL SUBMITTALS AND PAY ESTIMATES.
C. PROVIDE PERIODIC AND FINAL INSPECTION.
ATTACHMENT B
CITY OF LA FORTE
HILLRIDGE BRIDGE REHABILITATION
PAYMENT SCHEDULE
ITEM
I. PRELIMINARY PHASE
A. REVIEW AND EVALUATE
B. SUMMARY REPORT
II. DESIGN PHASE
A. PLANS AND SPECIFICATIONS
B. REVISIONS
ZII. BIDDING PHASE
A. BID DOCUMENTS
B. PRE-BID, BID, RECOMMENDATION
IV. CONSTRUCTION PHASE
A. PRE-CONSTRUCTION
B. SUBMITTAL REVIEW AND ADMINISTRATION
C. INSPECTION
SUB-TOTAL
FEE AMOUNT
$ 500
500
1 000
$5,800
NO CHARGE
SUB-TOTAL 5 800
$ 100
600
SUB-TOTAL 700
$ 250
$ 300
1 200
SUB-TOTAL 1 750
TOTAL 9 250
BASIS: NET 15 DAYS
RE OEST FOR CITY COIINCIL AGENDA ITEM
!'
Agenda Date Request
Requested By: J.
Report
Exhibits: Ordinance 1"814
Application for
Map of location
_ Department: Administration
Resolution X Ordinance
Alley closing
SUMMARY & RECOMMENDATION
Mr. Bruce Angel has made application with the City to close, vacate
and abandon the alley between Lots 1 through 7 and 8 through 14,
Block One, Sylvan Beach First Subdivision. The City Secretary has
contacted all franchised utility companies and City departments
requesting review and comment. All comments have been received.
There were no objections to the proposed closing if the owner would
agree to accept the existing water and sewer lines for private
ownership and maintenance.
The Harris County Appraisal District appraised value of the
property is $1.25 per square foot. The total fair market value for
this closing is $10,500, which per the ordinance, is derived in
the following manner:
5600 sq. ft. x $1.25 per sq. ft. x 1.5 = $10,500
The ordinance closing, vacating and abondoning the alley has been
prepared and the applicant has been notified of the following
provisions which need to be met prior to delivering a certified
copy of the ordinance.
Property owners accepting ownership and maintenance of the
existing water and sanitary sewer utilities located within the
alley. (Included in Ordinance.)
Property owners' agreement that any further development or
subdivision of the property is subject to owners granting
additional utility easements to the City and utility
extensions to serve the subdivided lots and/or tracts.
(Included in Ordinance.)
A check in the amount of $10,500 from the property owners has been
received.
Action Required by Council: Staff recommends the closing, vacating
and abandoning of the alley between Lots 1 through 7 and 8 through
14, Block One, Sylvan Beach First Subdivision by passing Ordinance
1814. The motion should state that the provisions noted above must
be met prior to delivering a certified copy of the ordinance.
Availability of Funds:
General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
Other
Account Number: N/A Funds Available: YES NO
A r ved t Council A ends
~~
ober Herrera DATE
City anager
C,
J
ORDINANCE NO. 1814
•
AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ALLEY IN BLOCK
1, SYLVAN BEACH, FIRST SUBDIVISION, IN THE JOHNSON HUNTER SURVEY, A-
35, LA PORTE, HARRIS COUNTY, TEXAS; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the City Council of the City of La Porte has been
requested by record owner of all of the property abutting the
hereinafter described alley in Block 1, Sylvan Beach, First
Subdivision, in the Johnson Hunter Survey, A-35, La Porte, Harris
County, Texas, to vacate, abandon, and permanently close the alley
in Block 1, Sylvan Beach, First Subdivision, in the Johnson Hunter
Survey, A-35; and
WHEREAS, the City Council of the City of La Porte has
determined and does hereby find, determine and declare that the
hereinafter described alley in Block 1, Sylvan Beach, First
Subdivision, in the Johnson Hunter Survey, A-35, La Porte, Harris
County, Texas, is not suitable, needed, or beneficial to the public
as a public road, street and alley, and that the closing of the
hereinafter described alley in Block 1, Sylvan Beach, First
Subdivision, in the Johnson Hunter Survey, A-35, La Porte, Harris
County, Texas, is for the protection of the public and for the
public interest and benefit, and that the hereinafter described said
alley in Block 1, Sylvan Beach, First Subdivision, in the Johnson
Hunter Survey, A-35, La Porte, Harris County, Texas, should be
vacated, abandoned, and permanently closed.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. Under and by virtue of the power granted to the
City of La Porte under its Home Rule Charter and Chapter 13, Title
28, Article 1175, of the Revised Civil Statutes of the State of
Texas, 1925, the hereinafter described alley in Block 1, Sylvan
Beach, First Subdivision, in the Johnson Hunter Survey, A-35, La
Porte, Harris County, Texas, is hereby permanently vacated,
abandoned and closed by the City of La Porte, to-wit:
Being the alley in Block 1, Sylvan Beach, First Subdivision, in
the Johnson Hunter Survey, A-35,La Porte, Harris County, Texas.
This alley closing is contingent upon property owners accepting
ownership and maintenance of the existing utilities (water and
ORDINANCE NO. 1814 Page 2
sanitary sewer) located within the alley. The point of ownership is
to commence on the owner's side of the water meter and at the
connection to the sanitary sewer manhole, continuing through the
property to the point of termination. This alley closing is also
contingent upon owner's agreement that any further development or
subdivision of the property is subject to owners granting additional
utility easements to the City and utility extensions to serve the
subdivided lots and/or tracts.
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.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this
day of
1992.
CITY OF LA PORTE
ATTEST:
Cherie Black -
City Secretary
APPR VED:
X~ ~y • +
Rnox W. Askins
City Attorney
BY
Norman L. Malone, Mayor
CITY OF LA PO RTE
APPLICATION FOR THE CLOSING OF STREETS AND ALLEYS
Setc - 33
D a t e December 18, 1991
I, the undersigned owner Bruce C. Angel of
(or option holder, etc)
the following described real property located within the City of La
Porte, Texas, hereby request and make application under the terms of
Ordinance Number 1.550 for the vacating, abandoning and closing of the
following Streets and/or Alleys:
LEGAL DESCRIPTION OF STRE~T~ AND/OR ALLEYS
Street(s)
Alley(s) Alley between lots 1~7 Block one and 814 Block one of Sylvan Beach
First Sub-Division
No, of Square Feet: 5600 sq. ft.
SEASON FOR REQUEST
Plan to build a home on the property
Plot Plan Attached xx Proof of Ownership
Submitted herewith is an application fee of $100.00.
.,~-~ ~ ~,
Signature of Applicant's
P. 0. Box 1398. La Porte, Tx 77572
Address
~71'~) 471-2761
Telephone Number
APPRAISAL INFORMATION C ~looo ~ ~~ ZS ~ ~' S~ r ~~' S°°
HCAD Prime Rate ~ I.ZS per square foot.
Adjacent Property EiCAD Prime Rate $ ~•ZS per square foot.
Concurrence of Revenue Controll Z z
nature)
Fee to be collected by City: ~ ~O.~O
CA TIO
Recommended action to City Council
City Council Action Date
Ordinance No. dated
_- ~ „ ~
YP -'
' ~ 2.7
'+ ' „ ~
P' r
34 2 :~;12.
• - r, .
~ ' P5
.32 • •'
;` 26
31 .5
',; 21
0 • - rt.:
Yep :,• 5; ~
_ '~ 7 •`.
w,
~.~
~.} .
Y~
,; k .. i I
! ~j.'~ 1
.. ~ r., t
• P9 . - ~ ~ ~ • 1.
(~
PBj. ,~'•• a
'. ' ' ! ..
< ~'• +.'~
.•t ~ ~ p
Z ~.; , 5 ~ •
\. i ~'k~, ~ c .,i
j4. !
~ >. •
,;
-.5k. .
23,1 ~ ~ Hj ; ~
~~' l , ~ ~ .
.-,
ro .1.~ ~
•9
r ~
r ti:. 4a y 8 .
.~ Y
I i I '- ~ f v ~ I / l,/
i~ ' . -
i - ~ ~v
•. 6 :; O
` 2.4 'r` `4 . 2.4
11 r- :.
' 12.5
~i ~ ,.f ~;` ~ ~ Q~ : ~i2.2 ~ Rip
• 1 t r a 9r ~. - ,~ ~81i •
• 12.2 ~ '~" ~ ~ ~~ A
~, ~ ~ 13:: 49 ~ ~~ ~ 9 ~ ~
~ x,~}. O t2,3 ~ I ~ /
q w u+x.,. K 18 P~ +' . t '
~. ,v. ~ ,t. ~ "a t ~~ r~ % 10.3 ~ + ,
B f5. t A k A.~ a O I i 4 F 5 '~. •/ / .
IF '
App. 5 h c y~/y .S\ A (~
:'~.s ?I' 4r '~lA • ..v •~~,~ y..~ ~~•,I ~ i. ~1 12.6 ter (~. + ~~~~~ ..
+ ~F. • ~ ~y t 171. r'J 1'.' +~v 'w
•: ~~` ,~ >i ,5~i r ~~i P \ R~A~} : i ' 4•RCP i r ; ~ \~ ~ ,.
~ .~.., Ye . r;r ~ d , ~ _ C .
.y C I i T :} -~..
r
!` ~~_ c r,.. / a* ,12 a ..
h { r ~ Z} ~~ ~ f ~ .4} /~ 37 ~ S
5 .:"fir iT, R*'~s' t. ~.. ;~~ r .•.~ :; :. .
l'~ ' d"'1.5 ~ of 'nr} ~ Z~. l ! _ Y 1 i r ... ; ~~~~ ~GALI/ESTO .
.._ si ~ ~ ~ M. ~.. 1
>.
\ .Q ..}. i~ .j,:
Y' .. ~. '~'er ' , ,
Y ~ , (l)\ rK` .r 13 Pi-efwset~ 'A//er_:C-osi•ng.. 5
1 11 2 \ ~
r 13 { .8 1e~ ~ t iY ~ ti ~ ~ -
..
..
1, ~ S ~ „~ 15 ~ •~ k ,, ~ \~~ ~~ '' ~ ~ ~~
1:. .1~ \ ~ 4 1. ,
,. ~ A
~',) \ ~ k~. ~ r~ r~ ~.. .; ~ ' ..: ~9 /. / ~"5 '~ ~ ~ .. ~ I it ~ ~''
• •
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: February 16, 1992_
Requested By: Bobby L. Powell Department: Police
Exhibits:
Report __ X _ Resolution
SUMMARY & RECOMMENDATION
Ordinance
The Police Department is presently assembling the third year
Grant package through HGAC for a Computer System. We are asking for
a Resolution from Council to participate in the grant for the year
1992-93.
SF-FO1 provides for funding to develop Criminal Justice automation.
We are only requesting personnel cost for this year which will be
on a 60-40 basis, with the city paying 40~ of the cost.
Before the Grant can be turned in for review, we must forward a
resolution from Council to participate in the grant.
The MIS Committee has established a priority list for funding
certain computer improvements. This system was one of those
improvements and the availability of funds would take a large
burden off the budget.
The cost for the year 1992-93 are listed:
CJD CITY
Personnel $20,430 $13,622
Indirect 912
Subtotal $21,342 513,622
Total Grant Request
Action Required by Council:
Approve Resolution as submitted
ALTERNATIVE:
Rewrite Resolution for approval
Availability of Funds:
$34,964
X General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
Other (None required)
Account Number:
Funds Available: YES NO
***Funds will be requested in Fiscal Budget Year 1993.
Approved for City Council Agenda
Robert T. Herrera DATE
City Manager
•
RESOLUTION
9a - a.~
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
LA PORTS, TEXAS, AUTHORIZING THE SUBMISSION OF A GRANT
REQUEST TO THE GOVERNOR'S CRIMINAL JUSTICE DIVISION FOR
FUNDING TO THE C I TY OF LA PORTS , TEXAS , FOR A PROGRAM
KNOWN AS JUVENILE JUSTICE & DELIN UENCY PREVENTION ACT
WHEREAS, THE CITY COUNCIL OF THE CITY OF La Porte, Texas, have
the moral obligation to the citizens and taxpayers of the City of
La Porte, Texas, to ensure a drug free living, working and learning
environment in the most efficient and coordinated way possible; and
WHEREAS, the Council is aware that there are limited funds
available to operate drug abuse and awareness education programs;
and
WHEREAS, the Council feels that the Drug Abuse Resistance and
Educational Program that's established in the La Porte Independent
School District is a viable, workable and desirable way to further
our gaol of a drug-free community and will enhance the DARE PROGRAM
now in place in the City of La Porte, Texas, for all children and
adults alike; and
WHEREAS, the Council believes that an expansion of the DARE
program to grades K-4 will only enhance and improve the
effectiveness of the DARE Program; and
WHEREAS, the opportunity exists to fund an expansion of the
DARE Program in our community through the Office of the Governor of
the State of Texas, Criminal Justice Division;
NOW, THEREFORE BE IT RESOLVED, by the Council of the City of
La Porte, Texas, that the city submit a grant request to the Office
of the Governor of Texas, Criminal Justice Division, to assist in
the funding for the expansion of the DARE program.
PASSED AND APPROVED, this
day of
,1992.
County of
Texas
Mayor
ATTEST:
City Secretary
I, Cherie Black, City Secretary for the City of La Porte, do hereby
certify this to be a true and exact copy of the City of
La Porte Resolution No. adopted by La Porte City Council,
(date) ,
CONSIDER RESOLUTION AUTHORIZING PARTICIPATION IN H-GAC D.A.R.E.
GRANT PROGRAM (Res. 92-03) - B. L. Powell
Motion by
Second by
VOTE: FOR AGAINST ABSTAIN
Sutherland
Cooper
Thrower
McLaughlin
Porter
Gay
Skelton
Clarke
Malone
Motion carried Defeated Tabled
•
i~
REQUEST_ FOR C I TY _ COUNC I L _ AGENDA__I TEM
Agenda Date Requested: _February 16, 1992_
Requested By: __Bobby__L,____Powel_1___.___ Department: __Pol.ice_____
__ _ Report ______ X ______. Resolution ______.._____________ Ordinance
Exhibits:
SUMMARY__& RECOMMENDATION
The Police Department is presently assembling the third year
Grant package through HGAC for a Computer System. We are asking for
a Resolution from Council to participate in the grant for the year
1992-93.
SF-FO1 provides for funding to develop Criminal Justice automation.
We are only requesting personnel cost for this year which will be
on a 60-40 basis, with the city paying 40~ of the cost.
Before the Grant can be turned in for review, we must forward a
resolution from Council to participate in the grant.
The MIS Committee has established a priority list for funding
certain computer improvements. This system was one of those
improvements and the availability of funds would take a large
burden off the budget.
The cost for the year 1992-93 are listed:
CJD CITY
Personnel $20,430 $13,622
Indirect 912
Subtotal 521,342 $13,622
Total Grant Request
Action Required by Council:
Approve Resolution as submitted
ALTERNATIVE:
Rewrite Resolution for approval
Availability of Funds:
$34,964
___X __ General Fund__.__ Water/Wastewater
___ Capital Improvement _ General Revenue Sharing
____ Other (None required)
Account Number: - __, __ Funds Available: YES NO
***Funds will be requested in Fiscal Budget Year 1993.
App.roved__for__City__Counci_1_Agenda
Robert T. Herrera DATE
City Manager
•
RESOLUTION
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
LA PORTS, TEXAS, AUTHORIZING THE SUBMISSION OF A GRANT
REQUEST TO THE GOVERNOR'S CRIMINAL JUSTICE DIVISION FOR
FUNDING TO THE C I TY OF LA PORTS , TEXAS , FOR A PROGRAM
KNOWN AS INFORMATION SYSTEMS/COMPUTER AIDED DISPATCH
WHEREAS, THE CITY COUNCIL OF THE CITY OF La Porte, Texas, have
the moral obligation to the citizens and taxpayers of the City of
La Porte, Texas, to ensure that the criminal justice system
operates in the most efficient and coordinated way possible; and
WHEREAS, the Council is aware that there are limited special
services available to or provided to the victims of all crimes; and
WHEREAS, the Council feels that the addition of the program
known as Information Systems/Computer Aided Dispatch will
materially enhance the administration of justice in the City of
La Porte, Texas, for all crime victims; and
WHEREAS, the opportunity exists to fund vital parts of this
program through the Office of the Governor of the State of Texas,
Criminal Justice Division;
NOW, THEREFORE BE IT RESOLVED, by the Council of the City of
La Porte, Texas, that the city submit a grant request to the Office
of the Governor of Texas, Criminal Justice Division, to assist in
the funding of the program of Information Systems/ Computer Aided
Dispatch.
PASSED AND APPROVED, this
day of
,1992.
County of
Texas
Mayor
ATTEST:
City Secretary
I, Cherie Black, City Secretary for the City of La Porte, do hereby
certify this to be a true and exact copy of the City of
La Porte Resolution No. adopted by La Porte City Council,
(date) __ ,