HomeMy WebLinkAbout117 S. HWY 146_21-0741___________117 S. HWY146
DEMO
PERMIT 21-741
PREPARED 5/ 13/ 21, 17: 39: 54 BUI LDI NG REFUND TRANSACTION REPORT PAGE i
CITY OF LA PORTE GMBA BATCH NUMBER 22058
PROGRAM BP740L
------------------------------------------------------------------------------------------------------------------------------------
APPL NBR FEE DESCRI PTI ON REFUND NAME/ ADDRESS AMOUNT
____________________________________________________________________________________________________________________________________
21 00000741 BOND - CONTRACTOR J T B SERVICES 500.00
9026 LAMBRI GHT RD
HOUSTON
HOUSTON TX 77075
BATCH TOTAL 500.00
PREPARED 5/ 121 21, 16: 52: 35 I NSPECTI ON TICKET PAGE 26
CITY OF LA PORTE INSPECTOR: INSPECTOR DATE 5/13/21
------------------------------------------------------------------------------------------------
ADDRESS 117 S HWf 146 SUBDI V:
CONTRACTOR J. T. B. SERVICES, INC. PHONE (713) 941-4141
OVNN ER SMTMB I I I PHONE
PARCEL 140-274-001-0001
APPL NUMBER: 21-00000741 DEMOLI TI ON. COMMERCI AL
PERMIT: DEMO 00 BLDG PERMI T- DEMOLI TI ON
REQUESTED I NSP DESCRI PTI ON
TYP/SO COMPLETED RESULT RESULTS/COMMENTS
------------ ------------------------------------------------------------------------------
DEMO 01 5/511113/ 21 IN DEMOLI TI ON, BLDG TI ME: 08: 00
��,� /((/_����__ BRYAN @ 713. 941. 4141
0'v DEMO FINAL
\\ 5/12/2021, 10:29:02 AM LAPOJLD
-------------------------------------- COMMENTS AND NOTES--------------------------------_-___-
va. -V\r!)I 0-f� fir(,
Prepared 5/ 13121, IS: 03: 47 Application Inquiry-(BPN2001001) Page 1
Program HTDFTAL Screen detail for Program BP BPN2001, Receipts
User ID LAPOVFL Application 21- 0000074 1
-----------------------------------------------------'-----------'------------------------------------------------------------------
Property Information
Address: 117 S HWf 146 CLP
LA PORTE, TX 77571
Location ID: 4258
Owner name: SMTMB III
HCAD Number: 140-274-001-0001
Alternate Search Method:
Zoning: MS MAIN STREET DI STRI CT
Subdi vi si on:
Property Map
117 S HVN 146 LA PORTE,TX 77571 .00 .00 X 1402740010001 4258
Appl i cation Information
Type of Vbr k:
Application status:
St at us Dat e:
Appl i cat i on t ype:
Appl i cat i on dal e:
Val uat i on:
Square footage:
Public bui I di ng:
Reviewed by:
Pi n number:
Entered by:
DEMO OLD VJMATABURGER BUI LDI NG
COMPLETE - NO CO NEEDED
5/13/2021
DEMOLI TI ON, COMMERCI AL
41 121 2021
0
0
NO
VT VI CKI E TSCHAPPATT
257237
LAPOJ L D
Contractor Inf or mat on
Contractor Name: J.T. B. SERVICES, INC.
Contractor Number: 1553
Type: BUI LDI NG CONTRACTOR
St at us: ACTIVE
Contract or Requi r event s Doc Number Exp Dat e
-------------------------------------------------------
CERTI FI CATE OF INSURANCE ECP203304010 91 26/ 2021
STATE LICENSE NUMBER N/A 9/26/2021
Outstanding Inspections
I nsp Schedule
Conf i r met i on Per mi t
Pmr/
Type I D Dat a
Number
Descri pt i on
Seq 1A n Max
--------------- ----------------
No outstanding inspections exist
------------
---------------
--- ----- -----
Vbrk Descri pt i on
Code Descr i pt i on
------ -------------------------
Quant i t y
--------
CO 1 of or met i on
CO Issue
Str/seq Date Status Description
------- ---------- --- --- --------------------
Recei pt del a Recei pt t i me Nu mbar
Cashi or
Payment type
Received Paid With credit
Comment s
41 28/ 21 0071977
LAPOLLR
- CK
575. 00 .00
Total
575. 00 .00
Remmai ni ng Check number
00 23048
00
Prepared 5/ 13/ 21, 15: 03: 47 Application Inquiry-(BPN2001001) Page 2
Program HTDFTAL Screen detail for Program: BP BPN2001, Receipts
User ID LAPOVFL Application 21-00000741
------------------------------------------------------------------------------------------------------------------------'_ --__--____
Recei pt date Recei pt t i me Nu nD a Cashier Pay mmant t ype Received Paid with credit Renai ni ng Check nunDer
Comment s
( Continued)
City of La Porte
604 W Fairmont Pkwy
La Porte, Tx 77571
Inspection Request Line: 281-470-5130
****BUILDING PERMIT****
------------------------------------------ r-------------------------------'
Application Number . . . . .
21-00000741 Date 4/28/21
Property Address . . . . . .
117 S HWY 146
HCAD Number:
140-274-001-0001
Alternate Search Method:
Application type description
DEMOLITION, COMMERCIAL
Subdivision Name . . . . . .
Property Use . . . . . . . .
REAL COMMERCIAL
Property Zoning . . . . . . .
MAIN STREET DISTRICT
Application valuation . . . .
0
--------------------------------------------------------------------------
Type of Work
DEMO OLD WHATABURGER BUILDING
Owner
------------------------
SMTMB III
9219 KATY FWY STE 291
HOUSTON TX 77024
--- Structure Intormation 000 000 DEMO
Contractor
------------------------
J.T.B. SERVICES, INC.
9026 LAMBRIGHT
HOUSTON TX 77075
(713) 941-4141
OF WATERBURGER BLDG
--------------------------------------------------------------------------
Permit . . . . . . BLDG PERMIT -DEMOLITION
Additional desc . .
Permit pin number . 671040
Permit Fee . . . . 75.00 Plan Check Fee .0(
Issue Date . . . . 4/28/21 Valuation . . . . i
Expiration Date . . 6/27/21
Qty Unit Charge Per Extensioi
BASE FEE 75.O1
---------------------------------------------------------------------- ---
Special Notes and Comments
4/27/2021, 11:33:02 AM LAPOVFL
DEMO PERMIT NOTES
1.'CONTRACTOR/HOMEOWNER IS RESPONSIBLE
FOR UTILITY DISCONNECTS: DEMO SHALL
INCLUDE BUILDING AND SLAB (UNLESS
OTHERWISE AUTHORIZED BY CITY).
2. CONTRACTOR/HOMEOWNER IS RESPONSIBLE
FOR DISPOSAL OF ALL DEMOLITION
DEBRIS/MATERIALS.
3. WATER AND SANITARY SEWER LINES SHALL
BE CAPPED AT GROUND LEVEL.
4. ADD FILL AND GRADE PROPERTY AT WORK
LOCATION AND OTHER DAMAGED AREAS TO
ENDURE PROPER SITE DRAINAGE (REAR TO
City of La Porte
604 W Fairmont Pkwy
La Porte, Tx 77571
Inspection Request Line: 281-470-5130
****BUILDING PERMIT****
--------------------------------------------------------------------------
Page 2
Application Number . . . . . 21-00000741 Date 4/28/21
--------------------------------------------------------------------------
Special Notes and Comments
STREET FRONTAGE).
5. UPON DEMO COMPLETION, PROPERTY MUST
BE MOWABLE AND LEVEL AS TO NOT POOL WATE
6. CONTRACTOR/HOMEOWNER IS RESPONSIBLE
FOR COMPLYING WITH ALL RULES AND
REGULATIONS REGARDING ASBESTOS.
7. UPON COMPLETION, CALL 281-470-5130
FOR FINAL INSPECTION
8. CASH BOND IS REFUNDABLE UPON CITY
APPROVAL OF FINAL INSPECTION.
--------------------------------------------------------------------------
Fee summary Charged Paid Credited Due
---------------------------------------------------------
Permit Fee Total 75.00 75.00 .00 .00
Plan Check Total .00 .00 .00 .00
Grand Total 75.00 75.00 .00 .00
------------ - ---------'Y--------------------
� � o�4.2g-a►
(SI CONTRACTOR OR AUTHORIZED AGENT) DATE
(APPROVED BY BUILDING OFFICIAL OR AUTHORIZED AGENT) DATE
FQVEDL .
Cityof La Porte Planning & Development Department Phone:281.47 `O73
604W.Fairmont Pkwy. P P Dv-
La Porte,TX77571 DEMOLITION PERMIT APPLICATION
Fax:281.470.5005
�PovW:1JpOTCeiR.gov
1. PROJECT INFORMATION: DATE OF SUBMITTAL Oy /Z' UZ(
.50444 A /y6
PROTECT ADDRESS Of eKlsting): �- ---yy-����--- - //7 tann�� ' �-j' ��� QQ
HCAD PARCEL NO(s)13-digit Tax ID:____________________PROPERTY LEGAL DESCRIPTION: KC5oj/y cI x&&YY\c STTCAI C/yg/A(fF
DESCRIBE WORK: Demolish old Whataburger & Parking lot I f
INTERIOR DEMO ONLY? ORESIDENTIAL-TYPE a COMMERCIAL-TYPE:ReStarau
2. PROPERTY OWNER CONTACT INFORMATION:
OWNER'S NAME: Fox & Graham PHONE:281-855-1300
MAILING ADDRESS:8582 Katy Freeway Houston TX 77024
E-MAIL kyle@foxgraham.com
3. CONTRACTOR:
CONTRACTOR COMPANY: J.T.B. Services Inc
PHONE 1: 713-941-4141 ' PHONE 2:
E-MAIL: bnbulgier@jtbservices.com FAX#.713-941-9660
MAILING ADDRESS: 9026 Lambright Rd Houston TX 77075
CONTACT PERSON'S NAME: Brian Bulgier PHONE: 713-703-7238
4. APPLICATION CHECKLIST&SUPPORTING DOCUMENTATION(Check applicable boxes):
II� COMPLETE ITEMS 1 THRU 4 OF PERMIT APPLICATION
•SUBMfT ASBESTOS SURVEY(as of 1/1/2002,S.B.509 requires municipalities to verify an asbestos survey has been conducted)
NOTES TO APPLICANT:
1. CASH BOND IS REQUIRED FOR DEMOLITION OF BUILDING.CASH BOND DOES NOT APPLY FOR.INTERIOR DEMOLITION ONLY.
2. CONTRACTOR MUST BE REGISTERED WITH THE CITY.TO REGISTER WITH THE CITY,SUBMIT CURRENT CERTIFICATE OF INSURANCE
WITH THE CITY OF LA PORTE AND CITY'S ADDRESS AS A CERTIFICATE HOLDER. ,
3. NOT A VAUD PERMIT UNTIL OWNER/CONTRACTOR IS NOTIFIED OF APPROVAL AND ALL APPLICABLE FEES
ARE PAID IN FULL
APPLICANT PRINTED NAME: Brian Bulgier AUTHORIZED SIGNATURE: '�/
(FOR STAFF USE ONLY) ' , yT/ ISA 7�
FLOOD ZONE: !DLy'tr/{s USE ZONE(ZONING DISTRICT): • •�L
FEES: ®$75.00
$150(CE)—COMPLETE ALL WORK&PASS FINAL INSPECTION WITHIN 10 DAYS OF PERMIT
CASH BOND: ®$250(HOMEOWNER) ® ISSUANCE$500(CONTRACTOR)
ASBESTOS SURVEY RECEIVED? ®YES ®NO ®N/A
SPECIAL CONDmoNS:
OWNER/CONTRACTOR IS RESPONSIBLE FOR UTILITY DISCONNECTS; DEMO SHALL INCLUDE BUILDING OTHER STRUCTURES,AND SLAB. .
IF PRIMARY STRUCTURE IS REMOVED,ALL STRUCTURES MUST BE REMOVED.(Unless otherwise authorized by Oty)'
OWNER/CONTRACTOR IS RESPONSIBLE FOR DISPOSAL OF ALL DEMOLITION DEBRIS/MATERIALS WATER AND SANITARY SEWER LINES SHALL BE CAPPED ATGROUNDLEVE
ADD FILL&GRADE PROPERTY AT WORK LOCATION&OTHER DAMAGED AREAS TO ENSURE PROPER SITE DRAINAGE(rear to t t frontage):UPON DEMO COMPLETION
PROPERTY MUST BE MOWABLE&LEVEL AS TO NOT POOL WATER;OWNER/CONTRACTOR IS RESPONSIBLE FOR COMPLYING WITH ALL RULES & REGULATIONS
REGARDING ASBESTOS: UPON COMPLETION, CALL 281.470.SI30 FOR FINAL INSPECTION (rash bond Is refundable upon Ory approval o/Real Inspection).
APPROV DATE: Y-f-x PERMIT U:
?Wmb'in3 Pe.rm't-
�cyc Sewec c4,scor,nec+
?lb3
CITY
DEMO PERMIT NOTES COPY
1. CONTRACTOR IS RESPONSIBLE FOR UTILITY DISCONNECTS: DEMO SHALL INCLUDE BUILDING
AND SLAB (UNLESS OTHERWISE AUTHORIZED BY CITY).
2. CONTRACTOR IS RESPONSIBLE FOR DISPOSAL OF ALL DEMOLITION DEBRIS/MATERIALS.
3. WATER AND SANITARY SEWER LINES SHALL BE CAPPED AT GROUND LEVEL.
4. ADD FILL AND GRADE PROPERTY AT WORK LOCATION AND OTHER DAMAGED AREAS TO
ENDURE PROPER SITE DRAINAGE (REAR TO STREET FRONTAGE).
5. UPON DEMO COMPLETION, PROPERTY MUST BE MOWABLE AND LEVEL AS TO NOT POOL
WATER
6. CONTRACTOR 15 RESPONSIBLE FOR COMPLYING WITH ALL RULES AND REGULATIONS
REGARDING ASBESTOS.
7. UPON COMPLETION, CALL 281-470-5130 FOR FINAL INSPECTION
8. CASH BOND IS REFUNDABLE UPON CITY APPROVAL OF FINAL INSPECTION.
_____J E (A0 L. ► T 1 0 rJ
PERMIT#• 2 1 -aL4 I
COMMERCIAL
PLAN REVIEW COVER SHEET
ADDRESS:
OWNER'S NAME: Fax + GfLAOAin
PROJECT TYPE: J-%E ryA 0 j-, -r l o n/ 14EW—. - DPP4 -
HCAD#: 14 0. 1-+4 . 0 n t. o 0 o I
FLOOD ZONE:` X" USE ZONE: M S D
Y/N SUB /DATE RETURNED
-d�FBJC'H—^
ASBESTOS SURVEY RECEIVED
TAS (ADA) PROOF OF SUBMITTAL
FILL DIRT APPL/PERMIT
CLEARING PERMIT NEEDED?
FLOOD PERMIT NEEDED?
W/S FEES APPLICABLE?:
(Applicable on Demo, Addn, or Remodel)
(Applicable to Comm. Or Ind.)
(If yes, figure fees. If no, use w/s form to
explain why they are not.)
TAP FEES APPLICABLE
100% MASONRY/GLASS
STORM WATER QUALITY PERMIT
TAXES UP TO DATE?:
DATE OF REVIEW: 04. IS.?, I INSPECTOR:
ITEMS NEEDED FOR ISSUANCE OF PERMIT:
(D- AS&GSTOS .S%llwEy
®— OwIJE"le Docv/ne^'-fS
OWNER OR CONTRACTOR NOTIFICATION
DATE TIME NAME OF PERSON CONTACTED
04.(`•Zt l2'.SI P-IK&NAIA�)Kylcptux9ral,aA.cor-
0Y. i {r. Z 1 ('. ao P.n CGA�v GAo►+) B", 4JI GIFA — �N�v� lei'o) }6rervwss.cor
OY. Iy.Zl tiwA.J SJI.y.E!L - -41&4'/1. 4tyl-gvdirl..v Ano..T
R6stmArrrAt.S Le(,& vap 61, 1164 A424STOi JO&OCI w Le#L(,Te Ajaej-rol CUAJHy
6 V. 1 9.2 t IPGO416 To DfN I xdN( - /OtYl4J .
OVA to. 21 6MA'6 FAon, CLMS Rit G.FAO -q%sq A-ry
04.90-LI n. -?:S/,F.n
S:\CPSh=\INSPECTION DIVISIOMInspedions)COML PLAN REVIEW COVER SHEETAm R". August 15, 2018
INSPECTION SERVICES
BUILDING PERMIT CHECKLIST
(COMMERCIAL)
Job Address:
Owner Name: Flood Zone:
Type of Work: New Remodel Addition
Date Received in Inspections: Application #
Legal Description:
Zoning:
Allowable Use? Y OR N
Street/Alley Closing Action? Ord. #s:
Complete and accurate construction drawings (all phases) are one of the most important steps in
completing your project. They will be used to cost out the job, get estimates from any
subcontractors, show details in legal documents, and to obtain necessary permits.
FORMAT
Furnish two sets of construction documents including the following items:
• CD/USB
Yes
or
No
• Survey of Property
(SBC 104.2.5) Yes
or
No
• Certified Site Plan to Scale indicating:
(Dev Ordinance 1444)Yes
or
No
(If required by Planning Department)
(Appendix E)
• North Arrow
(Dev Ordinance 1444)Yes
or
No
(Appendix E)
• All existing & proposed construction
(Dev Ordinance 1444) Yes
or
No
(Appendix E)
• All required building setback lines
(Dev Ordinance 1444) Yes
or
No
(Appendix E)
• Utility Easements/Alleys, Streets
(show if applicable)
(Dev Ordinance 1444)) Yes
or
No
(Appendix E)
• Distance for proposed structure to property
lines (Dev Ordinance 1444) Yes
or
No
(Appendix E)
Inspections Division Building Permit Checklist Page 2
• TIRZ Zone?
• 100% Masonry/Glass
• Storm Water Quality Permit
• Zoning Permit
• Asbestos Survey (if applicable)
• Energy Code Analysis (if applicable)
• TAS (ADA) Proof of Submittal
F101 Resolution applicable
• F216-00-00 Resolution applicable
• Utility Verification Needed (CDR)
• Address Request Needed (CDR)
• Culvert Request Needed (CDR)
• Harris County Driveway/ Culvert
permit received?
• Harris County Health Dept. (Restaurants)
approved "Plans Review Information Report"
received from Harris County?
• Fill Dirt Permit (it applicable)
• Clearing Permit (if applicable)
• Flood Plain Development Permit
(if building is in "AE" or "VE" flood zone)
• Water & Sewer Fees Applicable
• Completed Petition to Tie on to
Existing Water/Sewer Mains
• Sample Well Proposed?
• Current Certificate of Insurance
• Construction Drawings with Engineer's
Seal (if applicable)
Foundation Plans
•:• Structural Framing Plan
•:• Exterior Elevation Plan
Electrical Drawings
Plumbing Drawings
•:• Mechanical Drawings
Drainage Plan
Slab Elevation (if applicable)
Yes
or
No
Yes
or
No
Yes
or
No
(City Ord 106-142)
Yes
or
No
(State Law)
Yes
or
No
(State Law)
Yes
or
No
(State Law)
Yes
or
No
(CLP Resolution)
Yes
or
No
(CLP Resolution)
Yes
or
No
(City Ord 106-141)
Yes
or
No
(City Ord 106-141)
Yes
or
No
(City Ord 106-141)
Yes
or
No
Yes or No
Yes
or
No
(City Ord 1444-A)
Yes
or
No
(City Ord 1501-R5)
Yes
or
No
(City Ord 194-63)
Yes
or
No
(Ord 759-F)
Yes
or
No
(Ord 759-F)
Yes
or
No
(City Ord 74-121(c)
Yes
or
No
(City Ord 82-35)
Yes
or
No
(State Law)
Yes
or
No
(State Law)
Yes
or
No
(State Law)
Yes
or
No.
(State Law)
Yes
or
No
(State Law)
Yes
or
No
(State Law)
Yes
or
No
(State Law)
Yes
or
No
(State Law)
Yes
or
No
(State Law)
Yes
or
No
SACPShmc\INSPECr10N DIVISION\Inspections\Bldg P Checklist Coml.docAug2018
Limited Asbestos
Inspection Report
Former Whataburger
17 South 9th Street
La Porte, Harris County, Texas 77571
November 29, 2017
PEI Project No.: 201711073
Prepared for:
Fox & Graham
8582 Katy Freeway, Suite 240
Houston, Texas 77024
Prepared by:
CITY"
COPY
LGEIVtu
APR 12 2021
!I
BY:
Phase Engineering, Inc.
5524 Cornish Street
Houston, Texas 77007
111PHASE ENGINEERING, INC.
_'a ENVIRONMENTAL CONSULTANTSEE;
Phase I and Phase 11 ESAs • Asbestos • Mold • Lead • Stormwater Compliance • Wetlands • PCAs • NEPA
Fox & Graham
c/o Christy Nayes Bowen
8582 Katy Freeway, Suite 240
Houston, Texas 77024
Phone: 281-855-1300 x 4 Email: christy@foxgraham.com
RE: 201711073
COPY
ECEIVE-D
t
APR 12 2021
BY:
Dear Ms. Christy Nayes Bowen:
Phase Engineering, Inc. (Texas Department of State Health Services [TDSHS) license #10-0224) has
conducted an asbestos inspection for renovation purposes of the building materials in the Former
Whataburger building located at 17 South 9th Street, La Porte, Harris County, Texas 77571.
PROJECT SUMMARY
Site Elements
Comments
Subject Property Address
17 South 9th Street, La Porte, Harris County, Texas 77571
Location Contact
Maggie Simmons, 281-470-6173 (Owner's Representative)
Date of Inspection
November 22, 2017
Building Plans / Prior
Not provided.
Inspection Reports
Known Areas Not Available
None
for Access
Inspector Name(s)
Hector Hernandez
Inspector License #
TDSHS Asbestos Inspector License 602485
Company License #
TDSHS Asbestos Consultant Firm #10-0224
Number of Samples Collected
18
Number of Samples Analyzed
18
Number of samples
None (0)
containing or assumed to
contain more than 1%
asbestos via Polarized Light
Microscopy (PLM)
Number of samples
None (0)
containing or assumed to
contain more than 1 %
asbestos that were analyzed
by Point Counting
Number of samples
Not Applicable
containing asbestos but less
than 1% via Point Count
analysis
Phase Engineering, Inc. 201711073 1
CITY
ropy
PROJECT SUMMARY
Site Elements
Comments
Number of samples
containing more than 1%
asbestos
None (0)
Laboratory Conducting Analysis and Method: Micro Analytical Services. (TDSHS License Number
30-0304), Methods - Polarized Light Microscopy with Dispersion Staining EPA Test Method 600/
M4-82-020; (40CFR Part 763 Appendix E to Subpart E) & EPA 600/R-93/116.
Under EPA 600/R-93/116; Interim 40CFR Part 763 Appendix E to Subpart E it it not necessary to separate
layers for point counting in the individual components are proportioned equally.
The potential Asbestos Containing Building Material (ACBM) samples collected, their descriptions, and
their locations are summarized in the following table. ACBMs that tested positive over 1% for asbestos are
shaded in yellow. Material that tested positive over 1% for asbestos via PLM, but tested to be 1% or less
via Point Count analysis are shaded in blue.
Sample Summary Table
Sample
Friable/Percent
Number
Type I Condition
Bldg. I Location
Asbestos
Wall Material - White non -fibrous
South Portion of Main
No / None Detected
texture + white non -fibrous joint
Lobby
1-1-WM-1
compound with beige paper + white
fibrous gypsum with brown paper /
Good
Wall Material - White non -fibrous
Break Room
No / None Detected
texture + white non -fibrous joint
2-1-WM-2
compound with beige paper +white
fibrous gypsum with brown paper /
Good
Wall Material - While non -fibrous
North Portion of Main
No / None Detected
texture with tan paint + white
Lobby
3-1-WM-3
non -fibrous joint compound with beige
paper + white fibrous gypsum with
brown paper / Good
Ceiling Tile - Beige fibrous ceiling tile
Main Lobby
Yes / None Detected
4-2-CT-1
with white paint / Good
Ceiling Tile - Beige fibrous ceiling tile
North Portion of Main
Yes / None Detected
5-2-CT-2
with white paint / Good
Lobby
Ceiling Tile - Beige fibrous ceiling tile
Break Room
Yes / None Detected
6-2-CT-3
with white paint / Good
Ceiling Tile - White non -fibrous wall
Break Room
Yes / None Detected
7-3-CT-1
cover + white fibrous gypsum with
brown paper / Good
Phase Engineering, Inc. 201711073
ECEIVEU It
APR 22 2021
BY:
Ceiling Tile - White non -fibrous wall
Bathroom
Yes / None Detected
8-3-CT-2
cover + while fibrous gypsum with
brown paper / Good
Ceiling Tile - White non -fibrous wall
Break Room
Yes / None Detected
9-3-CT-3
cover + white fibrous gypsum with
brown paper / Good
10-4-M 1
Wall Mastic - Beige fibrous wall panel +
Main Lobby / Carpet
No / None Detected
beige non-fibrous,maslic / Good
Tiles
Wall Mastic - Beige fibrous wall panel +
Main Lobby / Carpet
No / None Detected
11-4-M 2
beige non -fibrous mastic / Good
Tiles
Wall Mastic - Beige fibrous wall panel +
Main Lobby / Carpet
No / None Detected
12A-M-3
beige non -fibrous mastic / Good
Tiles
Insulation - Brown fibrous insulation /
Main Lobby
Yes / None Detected
13-5-I-1
Good
14-5-1-2
Insulation - Brown fibrous insulation /
Main Lobby
Yes / None Detected
Good
Insulation - Brown fibrous insulation /
Break Room
Yes / None Detected
15-5-1-3
Good
Cove Base - Grey non -fibrous cove
Secured Access
No / None Detected
16-6-CB-1
base + beige non -fibrous mastic / Good
Entry
Cove Base - Grey non -fibrous cove
Secured Access
No / None Detected
17-6-CB-2
base + beige non -fibrous mastic / Good
Entry
Cove Base - Grey non -fibrous cove
Secured Access
No / None Detected
18-6-CB-3
base + beige non -fibrous mastic / Good
Entry
The inspection performed by Phase Engineering, Inc. was a suspect asbestos containing building materials
(ACBMs) inspection for renovation purposes of the building materials in the Former Whataburger building
located at 17 South 91h Street, La Porte, Harris County, Texas 77571 following the Texas Asbestos Health
Protection Rules (TAHPR) and the National Emission Standards for Hazardous Air Pollutants (Title 40
CFR, Part 61) for any elderior samples required. Tills inspection is not intended to comply with AHERA
40 CFR 763.
Site Specific Details:
Site Specific Details
Item Description
The inspector was provided no historical documentation of original construction or renovations of the
building- No previous asbestos inspection reports or abatement reports were provided to the inspector.
The sampling protocol followed for this inspection was intended for renovation purposes of the building
materials in the Former Whalaburger building located at 17 South 9th Street, La Porte, Harris
County, Texas 77571.
The units consisted of brick tile flooring, sheetrock walls, wall panels and acoustical ceiling tiles.
The first -floor flooring type of brick tile flooring appears to be installed onto concrete.
Any other suspect material found during renovation that was not sampled during this inspection is to be
considered ACBM until tested.
Phase Engineering, Inc. 201711073
LCEIVEU
APR 12 k21
BY:
CITY
PY
Site Specific Details
Item Description
The mirrors within the units inspected appeared to be hung to the sheetrock walls. During the course of
renovation, any suspect material observed behind mirrors (black mastic) or behind any observed
ceramic tile is to be considered ACBM until tested.
No roof materials were sampled as part of this inspection.
Areas behind walls and above ceilings were observed for suspect ACBMs where possible. Phase
Engineering, Inc. does not warrant that all suspect ACBMs above ceilings, under flooring, and behind
walls have been identified.
The specific square footage of each homogeneous suspect ACBM area is not included as a part of this
limited asbestos inspection.
Although Phase Engineering, Inc. uses trained and licensed inspectors in attempting to locate and identify
materials potentially containing asbestos, Phase Engineering, Inc. does not warrant that all materials
containing asbestos have been identified. It is possible that there are materials containing asbestos that
were not found because they were not visible or accessible to the inspector, or for various other reasons,
were not sampled. Moreover, it is possible that the actual quantities of materials will differ from the
quantities of materials estimated during this survey.
Samples taken are categorized as either friable or non -friable. The term friable refers to the ease with
which the material can be crumbled or made to produce dust using hand pressure alone. For example,
ceiling tiles are generally considered friable, while floor tiles are generally considered non -friable. Sheet
rock wall materials are considered friable when damaged and non -friable when intact. The condition of the
materials sampled is also categorized as good, damaged or significantly damaged.
A construction material is considered to be an ACBM if it is composed of more than 1% asbestiform
components.
Findings:
No suspect ACBMs analyzed were found to contain more than 1% asbestos in the Former Whataburger
building located at 17 South 9th Street, La Porte, Harris County, Texas 77571.
ECEiVED
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Phase Engineering, Inc. 201711073 4
Recommendations:
If the building is to be demolished or renovated it is recommended that any ACBMs or assumed ACBMs
that will be disturbed be removed by a licensed abatement contractor and if applicable, a licensed asbestos
consultant.
The TDSHS Demolition/Renovation Notification form combines the requirements of the National Emission
Standards for Hazardous Air Pollutants, 40 CFR, Subpart M (NESHAP) and the Texas Asbestos Health
Protection Rules (TAHPR). Both of these regulations require that written notification be submitted before
beginning renovation projects that include the disturbance of any asbestos -containing material in a facility.
A notification form is required before the demolition of a building or facility, even when no asbestos is
present. This form must be used to fulfill either of these requirements. Please call either 512-834-6610 or
1-800-572-5548 (within Texas), or your local regional office for assistance in completing this form.
If any ACBM is left in place the TDSHS may require an asbestos Management Plamin accordance with
the TAHPR, section 295.34 (h). In the event that maintenance and repair are necessary, it is required by
OSHA that anyone in contact with the disruption of these ACBMs be notified through an onsite, up-to-date
asbestos Management Plan.
During renovation or demolition activities, care should be exercised in dealing with all construction
materials even those shown to be non -asbestos containing (this would include materials technically
considered as non -asbestos containing because they are below the one percent limit). If these
non -asbestos materials are to be disturbed work practices should be used that will limit exposure to dust
and debris. Contractors performing this work should conform to OSHA regulations outlined in 29 CFR
1926.55 (exposure limits can be found in 29 CFR 1910.1000 Table Z-3).
The Texas Asbestos Health Protection Rules (TAHPR) dated March 2003, §295.34 (c) (1) stale 'During the
construction of or renovation in a public building, a person appropriatelylicensed in accordance with these
rules, Texas -registered architect or Texas -licensed professional engineer may compile the information
from material safety data sheets (MSDS) of all products used in the construction of the building and,
finding no asbestos in any of those products, prepare a signed written certification that he has reviewed
the MSDSs for all products used in the construction and that none of those products contain ACBM and:
therefore, the building material do not contain asbestos. This certification, together with copies of the
MSDSs and copies of any previous asbestos surveys, may be used as an asbestos survey'.
Further TAHPR §295.34 (i) states that 'A person may not install building materials or replacement parts as
stated in subsection 0) of this section; in a public building unless:
(1) the person obtains a required MSDS showing that the materials or replacement parts contain 1.0% or
less of asbestos; or
(2) the materials or replacement parts, according to the MSDS, contain more than 1.0% asbestos but there
is no alternative material or part as demonstrated by the building owner or contractor.'
In the event of future renovation and or demolition, further sampling may be required of suspect asbestos
containing materials prior to these activities to satisfy the Environmental Protection Agency (EPA),
Occupational Safety and Health Administration (OSHA), and Texas Department of State Health Services
Phase Engineering, Inc. 201711073
5
W
APR 12 2021
(TDSHS) rules and regulations at that time. If suspect asbestos containing building materials (not note ��
during this inspection) should be found during any renovation or demolition, these materials should be
sampled for asbestos and handled appropriately following all local, state and federal rules and regulations
at that time.
N improper renovation or demolition occurs the building owner is subject to a $10,000 a day fine,
enforced by the Texas Department of State Health Services (TDSHS).
Thank you for the opportunity to work with you on your environmental needs. If you have any questions,
feel free to contact us at (832)-485-2236 or 1-800-419-8881.
Sincerely,
Hector Hernandez
Asbestos Inspector
TDSHS License #602485
1 ,
I •�r
Scott Lindsay
Asbestos Consultant
TDSHS License #105828
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APPENDIX I
LABORATORY RESULTS
ECEIVED
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CITY
As
COPY
Wiero 4nafytica(Services, Ine. 11301 Richmond AVc.Ste. K I00B#Houston*Tz77082*Phonc(281)4974500+Fu(281)4974517
N V LAP Lab No. 200618-0
TDS14S License No. 30-0304
PLM BULK ASBESTOS ANALYSIS REPORT
CLIENT: Phase Engineering, Inc.
MAS JOB NO.: 13656-00
PROJECT: 17 South 19" St. La Porte, Tx REPORT DATE: November 27, 2017
IDENTIFICATION: Asbestos, Bulk Sample Analysis, Quantization by Visual Area Estimation
TEST METHOD: Polarized Light Microscopy with Dispersion Staining
EPA Test Method 600/M4-82-020; (40CFR Pan 763 Appendix E to Subpart E) &
EPA 600/R-93/116
STATEMENT OF LABORATORY ACCREDITATION
These samples were analyzed at Micro Analytical Services, Inc. in the Asbestos Laboratory at 11301 Richmond Ave. Suite
K 100B, Houston, Texas, 77082. The Laboratory holds accreditation from the National Institute of Standards and
Technology under the National Voluntary Laboratory Accreditation Program (NVLAP). This laboratory is also licensed
and authorized to perform as an Asbestos Laboratory in the State -of Texas within the purview -of Texas Civil Statutes,
Article 4477-3a, as amended, so long as this license is not suspended or revoked and is renewed according to the rules
adopted by the Texas Board of Health.
The samples were analyzed in general accordance with the procedures outlined in the Method for the Determination of
Asbestos in Bulk Building Materials, EPA/600/M4-82-020; (40CFR Part 763 Appendix E to Subpart E) & EPA 600/R-
93/116or the U.S. Environmental Protection Agency method, under AHERA, for the analysis of asbestos in building
materials by polarized light microscopy. The results of each bulk sample relate only to the material tested and the results
shall not be used to claim product endorsement by NVLAP or any agency of the U.S. Government.
Specific questions concerning bulk sample results shall be directed to the Asbestos Bulk Laboratory at Micro Analytical
Services, Inc.
Analyst: Tony T: Dang
Approved Signatory:
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"As
WicroAnafytica[Services, Inc. 11301Richmond Ave. Ste. KI00B4HoustoWexas77082*Phone(281)497-0500#Fav(281)497-4517
Polarized Light Microscopy Analysis
Phase Engineering, Inc. MAS Project #: 13656-00
5524 Cornish St. Date Received: 11/27/2017
Houston, Texas 77007 Date Analyzed: 11/27/2017
Project Name: 17 South 19d' La Porte, Tx
Field ID/ Layer # Sample Description Asbestos Asbestos Non -Asbestos
Lab ID Detected? Constituents Constituents
(Yes/No) (%) (%)
1-1-WM-1 I White non -fibrous texture No 100%Other
MAS406783
1-1-WM-I 2 White non -fibrous joint No 70% Cellulose
MAS406783 compound with beige paper 30% Other
1-1-WM-1 3 White fibrous gypsum with No '70% Cellulose
MAS406783 brown paper 30% Gypsum
2-1-WM-2 I White non -fibrous texture No 100% Other
2-1-WM-2 2 White non -fibrous joint No 70% Cellulose
MAS406784 compound with beige paper 30% Other
2-1-WM-2 3 White fibrous gypsum with No 70% Cellulose
MAS406784 brown paper 30% Gypsum
3-1-WM-3 I White non -fibrous texture No 100%Other
`fV.'!kyj
tan
White non -fibrous joint
with
No
3-1-WM-3 3 White fibrous gypsum with No
70%
_MAS406785
brown paper 130%
Gypsum
4-2-CT-1 1
Beige fibrous ceiling tile No
10% fibrous Glass
MAS406786
with white paint
40% Cellulose
30% Perlite
20% Other
5-2-CT-2 I
Beige fibrous ceiling tile No
10% fibrous Glass
MAS406787
with white paint
40% Cellulose
30% Perlite
20% Other
6-2-CT-3 I Beige fibrous ceiling tile No 10% fibrous G
MAS406788 with white paint 40% Cellulose
30% Perlite
20% Other
Samples have been analyzed by the EPA Interim Method 600/M4.82-020(40CFR Pan 763 Appendix E to Subpart E) S EPA 600/R-93/116. The test results herein relate
only to the sample submitted and analyzed. This report may only be reproduced in full with the approval of the Bulk Asbestos Laboratory of Micro Analytical Services
(MAS). The above percentages are visual estimates of area percent. MAS is not responsible for any ermn resulting from improper or incorrect sampling or shipping
procedures. These samples will be retained for a period of 30 days. Accreditation by NVLAP in no way constitutes or implies product certification, approval, or
endorsement by NIST. Some materials, especially Boor tiles, contain asbestos fibers too thin to be detected by this method.
NVLAP Lab Code: 200618 TDSHS License: 30-0341
Analyzed by: Tony Dang Approved NVLAP Signatory: Tony Dang E C E I VE t )
Page Iof3
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BY:
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As
COpY
WicroAnaiticaCServices, Inc. t#Texas77082NPhone(281)497-0500*Fax(28p4974517
Phase Engineering, Inc.
5524 Cornish St.
Houston, Texas 77007
Field ID/ Layer #
Lab ID
Polarized Light Microscopy Analysis
Name: 17 South 19tb La
Sample Description Asbestos
Detected?
MAS Project #: 13656-00
Date Received: 11/27/2017
Date Analyzed: 11/27/2017
Tx
Asbestos Non -Asbestos
Constituents Constituents
(Yes/No) (%) (%)
7-3-CT-1 1 White non -fibrous wall cover No 100% Vinyl
MAS406789
7-3-CT-1 2 White fibrous gypsum with No 70% Cellulose
MAS406789 brown paper 30% Gypsum
cover No 100%
MAS406790
8-3-CT-2 2 White fibrous gypsum with No 70% Cellulose
MAS406790 brown paper 30% Gypsum
9-3-CT-3 1 White non -fibrous wall cover No 100% Vinyl
MAS406791
9-3-CT-3 2
White fibrous gypsum with
No
70% Cellulose
MAS406791
brown paper
30% Gypsum
10-4-M-1 1
Beige fibrous wall panel
No
40% fibrous Glass
MAS406792
60% Other
10-4-M-1 2
Beige non -fibrous mastic
No
100% Mastic
MAS406792
114-M-2 1
Beige fibrous wall panel
No
40% fibrous Glass
MAS406793
60% Other
11-4-M-2 2 Beige non -fibrous mastic No 100% Mastic
MAS406793
12-4-M-3 I Beige fibrous wall panel No 40% fibrous Glass
MAS406794 60% Other
12-4-M-3 2 Beige non -fibrous mastic No 100% Mastic
MAS406794
13-5-1-1 1 Brown fibrous insulation No 100% Cellulose
MAS406795
14-5-1-2 1 Brown fibrous insulation No 100% Cellulose
MAS406795
Samples have been analyzed by the EPA Interim Method 600/M4-82-020(40CFR Pan 763 Appendix E to Subpart E) @ EPA 600/R-93/116. The test results herein relate
only to the sample submitted and analyzed. This report may only be reproduced in full with the approval of the Bulk Asbestos Laboratory of Micro Analytical Services
(MAS). The above percentages are visual estimates of area percent. MAS is not responsible for arty errors resulting from improper or incorrect sampling or shipping
procedures. These samples will be retained for a period of 30 days. Accreditation by NVLAP in no way constitutes or implies product certification, approval, or
endorsement by MIST. Some materials, especially floor tiles, contain asbestos fibers too thin to be detected by this method.
NVLAP Lab Code: 200618 TDSHS License: 30-0341
Analyzed by: Tony Dang Approved NVLAPSignatory: Tony Dang
Page 2 of 3
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Copy
91licroAnalyticalServices, Inc. 11301RichmodAve.Se.KIOOBHlouston*Texas77082*Phone(281)497-4500#Fnx(281)4974517
Phase Engineering, Inc.
5524 Cornish St.
Houston, Texas 77007
Polarized Light Microscopy Analysis
Name: 17 South 19th La Porte, Tx
MAS Project #: 13656-00
Date Received: 11/27/2017
Date Analyzed: 11/27/2017
Field ID/ Layer # Sample Description Asbestos Asbestos Non-Asbest(
Lab ID Detected? Constituents Constituents
(Yes/NO) (%) (%)
15-5-1-3 1 Brown fibrous insulation No 100% Cellulose
MAS406796
16-6-CB-I 1 Grey non -fibrous cove base No 100% Vinyl
MAS406797
16-6-CB-1 2 Beige non -fibrous mastic No 100% Mastic
MAS406797
17-6-CB-2 I Grey non -fibrous cove base No 100% Vinyl
Z M-Y[Q.111I:?
17-6-CB-2 2 Beige non -fibrous mastic No 100% Mastic
MAS406798
18-6-CB-3 I Grey non -fibrous cove base No 100% Vinyl
MAS406799
18-6-CB-3 2 Beige non -fibrous mastic No 100% Mastic
MAS406799'
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1
BY:
Samples have been analyzed by the EPA Interim Method 600/M4-82-020(40CFR Pat 763 Appendix E to Subpan E) & EPA 600/R-93/116. The test results herein min
only to the sample submitted and analyzed. This report may only be reproduced in full with the approval of the Bulk Asbestos Laboratory of Micro Analytical Services
(MAS). The above percentages ore visual estimates of area percent. MAS is not responsible for any errors resulting from improper or incorrect sampling or shipping
procedures. These samples will be retained for a period of30 days. Accreditation by NVLAP in no way constitutes or implies product certification, approval, or
endorsement by NIST. Some materials, especially Boor tiles, contain asbestos fibers too thin to be detected by this method.
NVLAP Lab Code: 200618 TDSI IS License: 3M341
Analyzed by: Tony Dang Approved NVLAP Signatory: Tony Dang
Page 3 of 3
W icro
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` COPY
SG'7V'CeS, 171C. 11301 Ridl,' dAve Suite K1003.HuusIw-Texu 77092•Phone(181) 4974500•Fu(281)497-4517
As Bulk Sample Chain of Custody
Company: Phase Enoineerine, Inc.
Contact: I G
Project Name: CJ f3
Address: 5524 Cornish Street
Bill to: Mr. lames Dismukes
I
Pro'ect 4:
City: Houston
Email:
State/Zip: Texas 77007 I
I
PO 4:
I Phone: (713)476-9544
_ Fax: (113)476-9797
Date Collected: 1 Z Z - 17 I
MAS Project y
A � ! V
f Lo
Turnaround time (circle): Emergency I -day 2-diy 3-day 4-day d-day (gyp �l C�CaIs 4 t �/ /fib t-1 3
1
j Field ID
Lab ID
Sample Desoii tion
I Sam le Location `r
Comments
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Relinquished by:vyl�. ;-:
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Time:
I Time:
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APR 12 2M'A FI°I
_
Relinquished by: Date:
Received by: Date:
Page—nf
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APPENDIX II
LICENSES AND CERTIFICATIONS
ECEIVED
APR 12 2021
s�
BY: _-.-.-
Phase Engineering, Inc.201711073
TEXAS DEPARTMENT OF STATE HEALTH SERVICES
PHASE, ENGINEERING INC
is certified to perform as a
Asbestos Consultant Agency,
Mahe, State of Texas within the purview of Texas Occupations Code, chapter. 1954,-so long as this license is not
suspended -or revoked and is renewed according to the' rules adopted by the Texas'Board of Health.
License Number: 100224
Control Number: 96851
CU �L=
n M
a M
N
N m
Q
KIRK COLE, INTERIM
COMMISSIONER OF HEALTH
VOID IF ALTERED NON -TRANSFERABLE
Expiration Date: 12/26/2017
(Void After Expiration Date)
0
1
'I� Health Services
Asbestos Inspector
J
HECTOR HERNANDEZ _
License No. 602485
Control No. 98405 ^-
Expiration Date: 9/1712018 f
Texas Department of
State Health Services
w
Asbestos Individual Consultant
SCOTT A LINDSAY
License No. 105828 '
Control No. 97269
Expiration Date: 1012412019
i7
^
II
_
N !'
N `M
O
O ��
s
TEXAS DEPARTMENT OF STATE HEALTH SERVICES
MICRO ANALYTICAL SERVICES INC
s certified to perform as a
Asbestos Laboratory
PCM, PLM
in the State of Texas within the purview of Texas Occupations Code, chapter 1954, so long as this license is not
suspended or revoked and is renewed according to the niles.adopted by the Texas Board of Health.
KIRK COLE, INTERIM
COMMISSIONER OF HEALTH
License Number: 300341 Expiration Date: 1/25/2018
Control Number: 96091 (Void After Expiration Date)
VOID IF ALTERED NON -TRANSFERABLE
CITY
COPY
APPENDIX III
LETTER OF ENGAGEMENT
i LULAVED
APR 12 2021
BY.
Phase Engineering, Inc. 201711073
- - - . . . - , . . . . . . . , . . . . .. .
CITY
COPY
Phase Engineering, Inc.
Environmental Consultants November 9, 2017
Fox & Graham
Christy Nayes Bowen
6582 Katy Freeway, Suite 240
Houston, TX 77024
Phone: (281) 855.1300 Ext. 4 Fax: (281) 5204209 Email: christy0txoraham.com
We are pleased to make the following proposal for Professional Environmental Services:
Current Use: Former Whataburger - Approximatety 0.574•Acres
Address/ Property Location: 17 S. 9th Street
City La Porte County: Harris State: TX Z1p: 77571
Perform an asbestos inspection to identify suspect building materials that contain asbestos by a Texas
Department of State Health Services licensed Inspector for renovation purposes. Exterior and roof materials will
not be sampled as part of this Inspection, unless requested by the client. The client Is responsible for
coordinating a roofer to secure the roof after the asbestos Inspection is completed, If applicable. By signing this
agreement you agree that Phase Engineering, Inc. is not liable for any damage to these areas inspected. A
minimum of three samples, of each suspect asbestos containing homogeneous building material will be taken, to
satisfy the Texas Deparbnent of State Health Services requirements for renovation of asbestos building
materiels. A minimum of one sample only may be required for exterior suspect asbestos containing materiels
sampled, If applicable. The samples will then be taken to the lab and analyzed for asbestos. Samples that are
over one percent asbestos and under 5 percent asbestos can be point counted at the laboratory to confirm the
percentage of asbestos In the building material. This analysis Is more expensive than the traditional analysis
(Polarized Light Microscopy) and is used when asbestos Is near the one percent detection amounts.
Transmission Electron Microscopy (TEM) Is considered one of the most accurate methods for laboratory analysis
for suspect asbestos containing building materials, however, this method Is more costly and currently it is only
recommended under federal regulations. Although Phase Engineering, Inc. uses trained and licensed inspectors
In attempli g to locate and Identify materials potentially containing asbestos; Phase Engineering, Inc. does not
warrant that all materials containing asbestos will be identified. It is possible that there are materials containing
asbestos that were not found because they were not visible or accessible to the inspector, or for various other
reasons, were not sampled.
• Includes: Electronic version in PDF with findings, opinions and conclusions. Originals ® $125.00 each.
• Delivery: Verbal as soon as results are delivered from the laboratory. Final Report —Approximately 10-12
working days from receipt of laboratory results.
• Terms: Invoice will be provided after inspection for payment. Payme4due prior to release of laboratory
results. Please send a check to the address below or pay with a credit card via PayPal. Add 5% processing
fee plus $25.00 handling fee to your total at www.PayPal.com and use Pavmen OPhase ineertnasaM as
the 'To* email address.
Insurance coverage: $2,000,000 Professional and General Liability.
If the above terms and attached Agreement for Professional Environmental Consulting Services (General Terms
8 Conditions) are acceptable, please sign and fax (eFax 281-200-0060) or small
(i)romsalstaohaseengineedna.comt a copy of this letter to serve as a letter of engagement and notification to
proceed. The following information is needed to complete by scheduled delivery date:
1. Access to all areas to be sampled and Contact Name & Telephone Number and Current Owner Name.
2. Floor plans sent to our office prior to Inspection. Inspection will be conducted after receipt of work plan and
drawings.
5524 C~ Street Hmaton, Twos T7007 (713) 476-9e44 Fox (713) 47"707'
ECENL
APR 12 2021
BY:�---
CITY
CU?Y
Phase Engineering, Inc.
Environmental Consultants
November 9, 2017
3. If project is a complete demolltion these items may not be required If not
available. If floor plans are not
provided a $50.00 drawing fee may apply.
4. Entity for which the report and invoice will be addressed and delivery instructions. If no written information is
provided to Phase engineering, Inc. regarding these items, the reports will be issued, billed and delivered to
above.
Thank you for the opportunity to work with you on your environmental needs.
If you have any questions, please
call me at (713) 476.9844 or 1-800-419-8881.
Melanie E and P.G.
Principal
Accepted By:
Date: I I — t 3 — ("7
Print Name: 1il n .
ECEIVEU r
APR 12 2021
BY:_� --
5524 Cornish Strum Hourion, Ta 77007 (713) 476-98H FU (713) 476-9707
cily
AGREEMENT FOR PROFESSIONAL ENVIRONMENTAL CONSULTING SERVICES COP
Section 1 — General Terms and Conditions
1.1 Definitions
"Agreement' means this Agreement for Professional Environmental Consulting Services.
"J'a y' (or collectively, "Parties') mews PEI and Client, unless expressly stated otherwise in this Agreement.
"PEI" means Phase Engineering, Inc.
"Engagement Letier" the instrument delivered by PEI to the Parties
"Services" has the meaning set forth in Section 1.2 below.
Any capitalized terms not otherwise defined in this Agreement have the meanings given to them under the Engagement Letter.
1.2 Services
The professional environmental consulting services to be provided by PEI for the Client arc set forth in the Engagement Letter, and such services,
including subsequent services, changed, altered or additional services are hereinafter called the "Services
".
1.3 Standard of Cam
PEI shall perform the services under this agreement with that degree of care, skill and diligence generally accepted as typical of the industry in the
performance of such services as contemplated by the Agreement at the time and location such services are rendered. PEI shall employ only
competent staff and sub -contractors who will be under the supervision of a senior member of PEI's staff.
1.4 Rights of Entry, Site Information and Utilities
The Client shall provide right of entry for PEI and its subcontractors to carry out the Services, unless specified otherwise in the Engagement Letter.
The Client warrants that it has furnished to PEI all information known to, or in possession or control of, the Client relating to the past and existing
conditions of the site, including but not limited to soil and geologic data, contaminants, wastes, petroleum products, controlled substances, hazardous
materials, and subsurface utilities. The Client shall extend use and reliance of this inforration to PEI, unless stated otherwise and to the extent
permitted by law. Such information shall be and remain confidential as between the Client and PEI and PEI shall not disclose same to any third party
unless required by law.
1.5 Safety
1.5.1 PEI maintains a General Health and Safety Plan, a copy of which will be provided to the Client on written request and will fall under Section
1.8 Subsequent Changes of this Agreement unless this service is included in the Engagement Letter.
1.5.2 PEI shall take every precaution reasonable in the circumstances for the protection of the workers providing any of the Services. When
required and prior to my field work being carried out, PEI shall provide the Client with a comprehensive site -specific safety plan for
,providing the Services. Such request must be made in writing by die Client prior to commencement of the Services by PEI and will fall under
Section 1.9 Subsequent Changes of this Agreement unless included in the Engagement Letter.
1.6 Investigations and Reports
1.6.1 Findings: The findings of my investigation undertaken as pan of the Services will be based upon information generated as a result of the
specific scope of the Services as described in the Engagement Letter.
1.6.2 Restoration: The Client accepts that in the nomhal course of the Services some damage to existing ground or other surface finishes may
occur, the restoration of which shall be the responsibility of the client or as specified in the Engagement Letter.
1.6.3 Investigations: The parties acknowledge and accept that unique risks exist whenever engineering or related disciplines are applied to identify
environmental conditions and even a comprehensive sampling and testing program may fail to detect certain conditions. Because of the
inherent uncertainties in environmental evaluations, changed or unanticipated conditions may occur or become known subsequent to PEI's
investigation that could affect conclusions, recommendations, total Project cost and/or execution. Changes in conditions are subject to
amendments to the Scope of Services.
1.6.4 Confidentiality and Reliance: Any Final Report or draft reports and the information contained therein shall be treated as confidential and
unless otherwise agreed to by PEI and the Client, the information, sampling data, analysis, findings, conclusions and recommendations (if
my), may be used and relied upon only by the Client, its officers. directors and employees and professional advisors in the performmce of
their obligations for or on behalf of the Client. Any such use and reliance shall be subject to the limitations set forth in this agreement. In
addition, the Client may submit my repon to a regulatory authority or lender for the purpose of obtaining financing on a property.
1.6.5 Third Party Reliance: This Agreement and the Services provided are for Consultant and Client's sole benefit and exclusive use with no third
parry beneficiaries intended. Reliance upon the Services and my work product is limited to Client, and is not intended for third parties. In
the event PEI agrees, in its sole and absolute disaetion, to make the Report available to a third party not mentioned in Pamgmph 1.6.4, the
Third Party shall be required to obtain the original Clients release, sign PEI's standard Authorized User Agreement (AUA) and pay PEI a fee
of not less than $350.00. Any such use shall be subject to the temps, conditions and limitations set forth in this Agreement, the Report and the
AUA.
1.7 Ownership of Records/Reports:,
All documents or records created or prepared by PEI in the performance of the Services are considered PEI's professional work product and shall
remain the copyright property of PEI, subject to any reasonable disclosure request from the Client as may be necessary and for which reasonable
reimbursement for copies is provided.
1.8 Disposal and Samples
1.8.1 Disposal of all wastes generated from the subject property shall be the responsibility of the Client.
1.8.2 PEI shall be responsible for appropriate disposal of sample material and sample residuals after 30 days following submission of the Final
Report unless the Client specifically requests otherwise.
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1.9 Subsequent Chang"
With the consent of PEI, the Client may in Writing at any time after the execution of this Agreement or the commencement of the Services delete,
extend, increase, vary or otherwise alter the Services. The Parties further agree that such changes shall alter the Services, schedule and/or the costs.
Any such changes shall be made in writing with reference to this Agreement, and accepted in writing by both Parties.
1.10 Delays
Neither Party shall be liable or penalized for delays or failure to perform its Services if the same is caused directly or indirectly by circumstances
beyond a Party's reasonable control. The Client shall not hold PEI responsible for damages or delays in performance caused by the Client, acts of
God, acts mid/or omissions of governmental authorities and regulatory agencies or other events which arc beyond the reasonable control of the
Parties.
11 Payment
I.I I.I The PEI shall invoice the Client in accordance with the provisions set forth in the Engagement Letter. Except as stated in the Engagement
Letter, the Client shall pay to PEI at its corporate office each invoice within 30 days of the date of the invoice without holdback. Interest at a
rate of 1.5% per month or the maximum rate allowed by law, tdtichever is lower, may be charged on all overdue amounts.
1.11.2 In the event of a disputed billing, only the disputed portion will be withheld from payment, and the undisputed portion will be paid. The
Client shall exercise reasonableness in disputing any bill or portion thereof No interest will accrue on any disputed portion of the billing until
mutually resolved.
1.11.3 If the Client fails to make payment of any sum due hereunder within a reasonable time period, Client acknowledges and agrees that the
subject Invoice will be rcfcrrcd to legal collections, and any amount in aggregate less than Ten Thousand Dollars U.S. ($10,000) will be
referred to small claims court in Harris County, Texas.
1.12 Suspension or Termination
The Client may at any time by notice in writing to PEI, suspend or terminate the Services or any portion thereof at any stage of the Project. Upon
receipt of such written notice by the Client, PEI shall perform no further Services other than those reasonably necessary to close out its Services. In
such an event, PEI shall invoice the Client for the portion of the Services completed and shall be entitled to payment in accordance with Section 1.9.
Once the Services we completed the Client assumes the risk of Frustration of Purpose.
1.13 Insurance
1.13.1 PEI agrees to carry and maintain the following minimum insurance coverages for the term of this Agreement:
Worker's Compensation Insurance: Statutory requirement amounts
Commercial General Liability: S1,000,000 per occurrence
Automobile Liability Insurance: S 1,000.000 per occurrence for both owned and non -owned vehicles
Professional Liability and Contractors Professional Insurance: SI,000,000 per occurrence
1.13.2 PEI's current Certificate of Insurance is provided with the Engagement Letter. If the Client requests to be a named as a certificate holder,
this request must be made in writing to PEI prior to commencement of the Services.
1.13.3 PEI will renew the Professional Liability Insurance at or above the minimum coverage for period of two (2) years after completion of the
Services.
1.13.4 If the Client requests that PEI increase the amount of insurance coverage or obtain other special insurance for the Project, PEI shall
4ndeavor forthwith to obtain such increased or special insurance Vt the Client's expense.
1.13.5 Each ofPEI and Client waive all claims, losses, damages and rights of recovery against the other to extent of the limits of coverage under
any commercial general liability or property insurance policy actually obtained by a Party to this Agreement (or, in the case of PEI, to the
extent obtained or required to be obtained by PEI under this Agreement). In addition, each Party shall exercise commercially reasonable
efforts to cause to waive subrogation under its commercial general liability and property insurance policies and provide any necessary
endorsements thereto.
1.14 Indemnity/Statute of Limitations.
EACH OF PEI AND CLIENT SHALL INDEMNIFY AND HOLD HARMLESS THE OTHER AND THEIR RESPECTIVE AGENTS,
EMPLOYEES, SUCCESSORS AND ASSIGNS FROM AND AGAINST LEGAL LIABILITY FOR CLAIMS, LOSSES, DAMAGES, AND
EXPENSES TO THE EXTENT SUCH CLAIMS, LOSSES, DAMAGES, OR EXPENSES ARE LEGALLY DETERMINED TO BE
CAUSED BY THEIR NEGLIGENT ACTS, ERRORS, OR OMISSIONS. IN THE EVENT SUCH CLAIMS, LOSSES, DAMAGES, OR
EXPENSES ARE LEGALLY DETERMINED TO BE CAUSED BY THE JOINT OR CONCURRENT NEGLIGENCE OF PEI AND
CLIENT, THE PARTIES SHALL BEAR LIABILITY IN PROPORTION TO ITS OWN NEGLIGENCE UNDER COMPARATIVE
FAULT PRINCIPLES. NEITHER PARTY SHALL HAVE A DUTY TO DEFEND THE OTHER PARTY, AND NO DUTY TO DEFEND
IS HEREBY CREATED BY THIS INDEMNITY PROVISION AND SUCH DUTY IS EXPLICITLY WAIVED UNDER THIS
AGREEMENT. CAUSES OF ACTION ARISING OUT OF PEPS SERVICES OR THIS AGREEMENT, REGARDLESS OF CAUSE OR
THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY OR OTHER RECOVERY, SHALL BE DEEMED TO
HAVE ACCRUED AND THE APPLICABLE STATUTE OF LIMITATIONS SHALL COMMENCE TO RUN NO LATER THAN THE
DATE OF PEI'S SUBSTANTIAL COMPLETION OF SERVICES ON THE PROJECT.
1.15 Limitation of Liability.
1.15.1 Notwithstanding any other provisions contained herein, it is understood and agreed that PEI's liability to the Client for all claims arising out
of this Agreement, or in any way relating to the Services, will be limited to direct damages and/or to the specific perforrnpnce of any Services
not meeting the Standard of Care set forth herein and such liability will, in the aggregate, not exceed the sum of the coverages shown on PEI's
Certificate of Insurance in effect at the time of the claim.
1.15.2 No claim may be brought against PEI more than Two (2) years after the Scrvic" were completed under this Agreement, or as negotiated
between PEI and the Client.
ECEIVE))
APR 12 2021
t
BY: __
CITY
1.15.3. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY P>BI�(A S
DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES) TO CLIENT AND THIRD PARTIES GRANTED RELIANCE IS LIMITED
TO THE GREATER OF $50,000 OR PEPS FEE FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES
(INCLUDING ATTORNEYAND EXPERT FEES) ARISING OUT OF PEI'S SERVICES OR THIS AGREEMENT. THIS LIMrSATION
SHALL APPLY REGARDLESS OF AVAILABLE PROFESSIONAL LIABILITY INSURANCE COVERAGE, CAUSE OR THE
THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY, OR OTHER RECOVERY; PROVIDED, HOWEVER, THAT
THIS LIMITATION SHALL NOT APPLY TO THE EXTENT OF ANY AVAILABLE COVERAGE UNDER PEPS COMMERCIAL
GENERAL LIABILITY POLICY.
1.16 Consequential Damages.
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS
OF PROFITS OR REVENUE, LOSS OF USE OR OPPORTUNITY, LOSS OF GOOD WILL, COST OF SUBSTITUTE FACILITIES,
GOODS, OR SERVICES, COST OF CAPITAL, OR FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR
EXEMPLARY DAMAGES.
1.17 Regulatory Reporting Requirements
Client recognizes that hazardous substances or contaminates may be discovered at the subject property in the course of provision of the Services by
PEI under conditions that may be reportable to Federal or State environmental regulatory agencies. The "duty to report" is ultimately the
responsibility of the landowner unless the condition represents an acute threat to human health or the environment. PEI will notify the Client of any
such reportable condition. The Client will notify the Landowner, or under mutual agreement authorize PEI to perform such notification to the
landowner.
Section 2 — MISCELLANEOUS PROVISIONS
2.1 Notices:
All notices under this Agreement shall be in writing. It shall be sufficient in all respects if the Notice is delivered by hand, sent by any electronic
means, including email or facsimile transmission, with confirmation ("Transmission') during normal business hours, or sent by registered mail,
postage prepaid, addressed to the Parties shown on the Engagement Letter or to such other address as either Party shall designate by written notice to
the other Parry. Any notice so given shall be deemed to have been given and to have been received on the day of delivery, if so delivered, on the third
Business Day (excluding each day during which there exists any interruption of postal services due to strike, lockout or other cause) following the
mailing thereof, if so mailed, and on the day that notice was sent by Transmission, provided such day is a Business Day (a Business Day being any
day of the week save and except for Saturday and Sunday) and if not, on the first Business Day thereafter.
2.2 Entire Agreement, Modifications, Headings, Severability:
The Parties acknowledge that this Agreement and the Engagement Letter constitutes the entire agreement between them and supersedes all prior
representations, warranties, agreements, and understandings, oral or written, between the Parties with respect to its subject matter. Unless stated
otherwise in this Agreement, this Agreement may not be modified except in writing signed by both Parties. The headings to this Agreement are for
convenience and reference purposes only and shall not constitute a part of the Agreement. If any element of this Agreement is later held to violate
the law or a regulation, it shall be deemed void, and all remaining provisions shall continue in force.
2.3 Effect:
This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns provided that it may
not be assigned by either Party without the consent of the other, which consent shall not be unreasonably withheld.
2.4 Survival:
All representations and obligations (including without limitation the mutual obligations of indemnification) shall survive the termination of this
Agreement and expire five (5) years from the date of completion of Services.
2.5 Waiver of Rights:
Any waiver of, or consent to depart from, the requirements of any provision of this Agreement shall be effective only if made in writing and signed
by the Party granting such waiver or consent, and is valid only in the specific instance and for the specific purpose for which it has been granted. No
failure on the part of any Party to exercise, and no delay in exercising, any right under this Agreement shall operate as a waiver of such right. No
single or partial exercise of any such right shall preclude any other or further exercise of such right or the exercise of any other tight.
2.6 Applicable Law:
This Agreement shall be governed by, and interpreted and enforced in accordance with, the laws in the State of Texas and the laws of The United
States of America, as applicable.
2.7 Dispute Resolution:
Excepting Section 1.11 for the purpose of this Agreement, any disagreement arising between the Parties to this Agreement with reference to the
interpretation of this Agreement or any matter arising hereunder and upon which the Parties cannot agree shall be referred to mediation. Reference to
mediation shall be to a single mediator and in accordance with the laws of mediation in the State of Texas. The costs of the mediator shall be shared
equally by the Parties on an interim basis as may be necessary provided however that the mediator shall have the discretion to award costs of the
proceeding, including costs of the mediator. The venue for such mediation is agreed to be Hams County, Texas
2.8 Contract Documents:
The Contract Documents consist of the documents listed. If there is a conflict with the Contract Documents, the conflicting terms will be governed in
the order of priority set forth as follows: 1. Agreement 2. Engagement Letter
EC a
i
APR 12 20Ks
BY:
4/1612021 Print Details
HARRIS COUNTY APPRAISAL DISTRICT Tax Year: 2021
REAL PROPERTY ACCOUNT INFORMATION
1402740010001 BPrint
Owner and Property Information
Owner Name & SMTMB III
Legal Description:
RES A BILK 1
Mailing Address: 9219 KATY FWY STE 291
MAIN STREET CROSSING
HOUSTON TX 77024-1588
Property Address:
117 HIGHWAY 146 S
LA PORTE TX 77571
State Class
Land Use
Building
Total
Land
Building
Net
Neighborhood
Market Area
Map
Key
Code
Code
Class
Units
Area
Area
Rentable
Facet
Mapil'h
Area
F1 -- Real,
8001 -- Land
E
0
31,250
2,520
0
9700.04
351 -- ISO
6253A
540X
Commercial
Neighborhood
SF
20 - East of
Section 1
Bay Area
Blvd
Value Status Information
Value Status
Notice Date
Shared CAD
Noticed
04/02/2021
No
Exemptions and Jurisdictions
Exemption Type
Districts
Jurisdictions
Exemption Value
ARB Status
2020 Rate
2021 Rate
None
020
LA PORTE ISO
Not Certified
1.269700
040
HARRIS COUNTY
Not Certified
0.391160
041
HARRIS CO FLOOD CNTRL
Not CertlFled
0.031420
042
PORT OF HOUSTON AUTHY
Not Certified
0.009910
043
HARRIS CO HOSP DIST
Not Certified
0.166710
044
HARRIS CO EDUC DEPT
Not Certified
0.004993
047
SAN ]AC[NTO COM COLD
Not Certified
0.169358
071
CITY OF LAPORTE
Not CertlFled
0.710000
Texas law prohibits us from displaying residential photographs, sketches, Floor plans, or Information Indicating the
age of a property owner on our website. You can Inspect this Information or get a copy at HCAD's Information
center at 13013 NW Freeway.
Valuations
Value as of January 1, 2020
Value as of January 1, 2021
Market
Appraised
marketl
Appraised
Land
250,000
Land
250,0001
Improvement
228,246
Improvement
228,420
Total
478,246
478,246
Total
478,4201
478.420
Land
Market Value Land
Site
Unit
Size
Site
Appr
Appr
Total
Unit
AdI
Line
Description
Code
Type
Units
Factor
Factor
O/R
O/R
Adj
Price
Unit
Value
Factor
Reason
Price
1
8001--Land Neighborhood
4325
SF
31,250
1.00
1 1.00
1 1.00
1 --
1.00 1
8.00
8.00
250,000.00
Section 1
Building
Building
Year Built
Type
I Style
Quality
Impr Sq Ft
Building Details
2
1988
Fast Food
Fast Food Restaurant
Good
2,520
Displayed
https:llpublic.head.org/records/Print.asp?crypt=%94%AD%AE%A9°/ur4%8F%B5%CF°/,8C%7Chf°/,8Fb%B8%A7%BB%B8eb%5Eh%5C%9l Xd%8OYz... 1 /2
4/16/2021
Print Details
Building Details (2)
Building Data
Element
Detail
Cooling Type
Central / Forced
Functional Utility
Avg/Normal
Heating Type
Hot Air
Partition Type
Normal
Physical Condition
Avg/Normal
Plumbing Type
Adequate
Sprinkler Type
None
Exterior Wall
Brick / Stone
Economic
Obsolescence
Moderate
Market Index
Adjustment
111% Market Index
Adjustment
Element
Units
Wall Height
10
Interior Finish
Percent
100
Building Areas
Description
Area
CNPY ROOF W/ SLAB -C
625
BASE AREA PRI
2,520
CNPY ROOF W/ SLAB -C
290
CNPY ROOF W/ SLAB -C
150
Extra Features
Line
Description IQuality
Condition
Units
Year Built
3
CANOPY ROOF AND SLAB
Average
Average
625.00
1988
4
CANOPY ROOF AND SLAB
Average
Average
290.00
1988
5
CANOPY ROOF AND SLAB
Average
Average
150.00
1988
6
Paving - Heavy Concrete
Average
Average
18,400.00
1988
https://public.hcad.orglrewrdslPdnt.asp?crypt=%94%AD%AE%A9%C4%8F%B5%CF%8C%7Chf°/,BFb%B8%A7%8B%B8eb%5Eh%5C%91 Xd%80Yz... 2/2
ArcGIS Web AppBuilder
4/16/2021, 11:59:35 AM 1:1.128
0 0.01 0.01 0.03 mi
0 HCAD Facet Finder Grid HCAD Parcels - City Limit i y y �-17=, . I . , I
HCAD Facet Finder ID
r Base Map Layer - City Limits
O City of La Porte Addressing
0HCAD Asset Map: BLOCK label
HCAD Asset Map: Lot Numbers label (pre 2019)
HCAD Asset Map: ROW LINES
HCAD Asset Map: Lot Number (2020 or later)
0 0.01 0.03
Houston -Galveston Area Council (H-GAC)
0.05 km
Ctv of La Pont TX. For inbroational ourooses only. Not a eoal document. 2020 Aerial macaw sole orooerty of H-GAC. Restrictions Aooly. N"e "all con,
ArcGIS Web AppBuilder
4/16/2021, 12:00:23 PM 1:1,128
0 0.01 0.01 0.03 mi
HCAD Facet Finder Grid Land Use Layer - Zoning i rT I, , I ,II
HCAD Facet Finder ID General Commercial 0 0.01 0.03 0.05 km
a
r . Base Map Layer -City Limits Main Street District
City of La Porte Addressing Main Street District Overlay
HCAD Asset Map: Lot Numbers label (pre 2019) Hammn.Grvastan Aree cwncm IH-GAq
HCAD Asset Map: BLOCK label HCAD Asset Map: ROW LINES
= HCAD Parcels - City Limit HCAD Asset Map: Lot Number (2020 or later)
ON of La Pone. T%. For Informatbnal mrooses only. Not a legal document. 2020 Asdal Im mn, sob omoertv 0 H-GAC. R.tbns Aouly. v .ht ac.cam
ArcGIS Web AppBuilder
4/16/2021, 12:01:22 PM 1:2,257
0 0.01 0.03 0.06 mi
0 HCAD Facet Finder Grid
HCAD Facet Finder ID
Ir.4 Base Map Layer - City Limits
® City of La Porte Addressing
0HCAD Asset Map: BLOCK label
HCAD Parcels - City Limit
Flood Layer - Floodzones
100 Year Floodplain
500 Year Floodplain
HCAD Asset Map: ROW name
� HCAD Asset Map: ROW LINES
0 0.03 0.05 0.1 km
Houston-GaNestun Area Council (H-GAC)
HCAD Asset Map: Lot Number (2020 or later)
ON of La Porte. TX. For informational DumDaes only. Not a leml dl wrmnt. 2020 Aenal Imam, sole wr ery of H-GAC. RestncWns ADDN. a .h-oac.c
National Flood Hazard Layer FIRMette f- EEMA Legend
1 :b,000
0 250 500 1,000 1,500 2,000
SEE FIS REKK FOR DETAILED LEGEND AND INDEX MAP MR FIRM PANEL LAYOUT
Without Base Flood Elevation (BFE)
_:;ne A I. A99
SPECIAL FLOOD With BFE or Depth zone AE. Ao. AH. vs. AP
HAZARD AREAS Regulatory Floodway
0.2%Annual Chance Flood Hazartl, Area
of 1%annual chance flood with average
depth less than one foot or with drainag,
areas of less than one square mile —:e:
®®Future Conditions 1% Annual
Chance Flood Hazard zone
Area with Reduced Flood Risk due to
OTHER AREAS OF Levee, See Notes, zn- x
FLOOD HAZARD Area with Flood Risk due to Leveezo,e D
RESCREEN Area of Minimal Flood Hazard zonex
Q Effective LOMRs
OTHER AREAS Area of Undetermined Flood Hazard zoo,
GENERAL ---- Channel, Culvert, or Storm Sewer
STRUCTURES 111 111 1 Levee. Dike, or Floodwall
9 m1 Cross Sections with 1%Annual Chance
the Water Surface Elevation
F— — — Coastal Tramsect
--sp--- Base Flood Elevation Line (BFE)
Limit of Study
Jurisdiction Boundary
— --- Coastal Transea Baseline
OTHER _ Profile Basellne
FEATURES Hydrographlc Feature
Digital Data Available ,
No Digital Data Available
MAP PANELS Q Unmapped
O The pin displayed on the map is an approximate
point selected by the user and does not represe
an authoritative property location.
This map complies with FEMA's standards for the use of
digital flood maps If It Is not void as described below.
The basemap shown complies with FEMA's basemap
accuracy standards
The flood hazard information Is derived directly tram the
authoritative NFHL web services provided by FEMA. This map
was exported on 4:'16,'2021 at 1:05 PM and does not
reflect changes or amendments subsequent to this date and
time. The NFHL and effective Information may change or
become superseded by new data over time.
This map Image Is void If the one or more of the following map
elements do not appear: basemap Imagery, flood zone labels,
legend scale bar, map creation date, community identifiers,
FIRM panel number, and FIRM effective date. Map Images for
unmapped and unmodernized areas cannot be used for
regulatory purposes.
Acosta, Alfonso
From: Acosta, Alfonso
Sent: Friday, April 16, 2021 12:51 PM
To: kyle@foxgraham.com; bnbulgier@jtbservices.com
Cc: Glass, Richard; Pocock, Haley, Tarver, Curtis; Fitch, Dennis
Subject: 117 South Highway 146 - Demolition Permit Application #21-741
Good afternoon,
Thank you for the recent submittal of the Demolition Permit Application and Limited Asbestos Inspection Report.
In order to continue with the review process, please provide the following information and submit to
permits[a)laportetx.eov at your earliest convenience.
1. Need property ownership documentation —Harris County Appraisal District information on the application
does not match information on application
2. Submit an Asbestos Survey —The Limited Asbestos Inspections Report is not sufficient
Should you have any questions, please let us know.
Best regards,
Alfonso Acosta, TSBPE #1-386tl Deputy Building Official
Planning & Development Department
604 W. Fairmont Parkway I ]a Porte, Texas 77571
281-470-5o66
Acosta, Alfonso
From: Acosta, Alfonso
Sent: Monday, April 19, 2021 9:09 AM
To: Kyle Fox
Cc: Brian Bulgier, Glass, Richard; Pocock, Haley, Tarver, Curtis; Fitch, Dennis
Subject: RE: 117 South Highway 146 - Demolition Permit Application #21-741
Kyle,
Please also call out the corrections on the PDF.
Thank you.
Best regards,
Alfonso
From: Acosta, Alfonso
Sent: Monday, April 19, 20219:08 AM
To: Kyle Fox
Cc: Brian Bulgier; Glass, Richard; Pocock, Haley; Tarver, Curtis; Fitch, Dennis
Subject: RE: 117 South Highway 146 - Demolition Permit Application #21-741
Good morning Kyle,
Thank -you for the update.
Please send a PDF of the corrected report.
Best regards,
Alfonso
From: Kyle Fox fmailto:kvleCdfoxgraham.comj
Sent: Sunday, April 18, 20219:30 PM
To: Acosta, Alfonso
Cc: Brian Bulgier; Glass, Richard; Pocock, Haley; Tarver, Curtis; Fitch, Dennis
Subject: Re: 117 South Highway 146 - Demolition Permit Application #21-741
Alfonso,
Please see the attached link to the corrected report:
https:Hanp.00enguire.domllinkslukAUoW pOtU3HEG7005DaIF9yWd8gu 1 PsC W 8sr3uWzb5NSGcImUnOS W S
wDBs30X32gaXJrglNo V RGYPxAGz W 5JKLUHcs8CQNXSby4lnlfG 880%253 D
1
I am also attaching the deeds, but will send a separate email to the permits office as well.
Best,
Kyle
Kyle B. Fox, CCIM
Fox & Graham
8582 Katy Freeway, Suite 240
Houston, TX 77024
0 281-855-1300 x2
F 281-520-4209
C 281-7324814
E kvleAfoxaraham.com
On Apr 16, 2021, at 3:58 PM, Acosta, Alfonso <AcostaA(i�laportetx.¢ov> wrote:
Good afternoon Kyle,
Thank you for your inquiry, additional_ information and timely response.
Yes, please email a recorded deed to permits(o)laportetx.aov so as to be properly logged in the system.
Please reference the property address and Permit #21-741 in the subject line.
A complete asbestos survey will need to be submitted.
Best regards,
Alfonso
From: Kyle Fox lmailto:kvle@foxaraham.comj
Sent: Friday, April 16, 2021 1:42 PM
To: Acosta, Alfonso
Cc: Brian Bulgier; Glass, Richard; Pocock, Haley; Tarver, Curtis; Fitch, Dennis
Subject: Re: 117 South Highway 146 - Demolition Permit Application #21-741
Alfonso,
HCAD records attached with correct ownership, SMTMB III, referenced. Although the plat has
been recorded, I have attached an unsigned plat if that helps find the recorded plat if that helps
attached below. Also, please look into us using the Limited Asbestos Inspection Report as we
have used this type of report for all of our developments across Texas with no issue thus far. Let
me know if you need additional information (ie recorded deed) and I will send over.
Best,
Kyle
<image001.jpg>
Kyle B. Fox, CCIM
Fox & Graham
8582 Katy Freeway, Suite 240
Houston, TX 77024
O 281-855-1300 x2
F 281-520-4209
C 281-732-4814
E kyle(cDfoxgraham.com
On Apr 16, 2021, at 12:51 PM, Acosta, Alfonso <AcostaA()Iaportetx.gov>
wrote:
Good afternoon,
Thank you for the recent submittal of the Demolition Permit Application and Limited
Asbestos Inspection Report.
In order to continue with the review process, please provide the following information
and submit to permits@laportetx.Rov at your earliest convenience.
1. Need property ownership documentation — Harris County Appraisal District
information,on the application does not match information on application
2. Submit an Asbestos Survey —The Limited Asbestos Inspections Report is not
sufficient
Should you have any questions, please let us know.
Best regards,
Alfonso Acosta, TSBPE #I-38611 Deputy Building Official
Planning & Development Department
604 W. Fairmont Parkway I La Porte, Texas 77571
281-470-5o66
3
Acosta, Alfonso
From: DSHS Asbestos Help <AsbestosHelp@dshs.texas.gov>
Sent: Tuesday, April 20, 2021 9:29 AM
To: Acosta, Alfonso
Cc: Glass, Richard; Pocock, Haley
Subject: RE: 117 W Main Street La Porte, Texas 77571
Mr. Acosta,
A survey for renovation is not comprehensive to be used for demolition. This survey can
be used in combination with a follow up survey to address and sample areas that were
not included in the survey you attached.
Thank you,
Jennifer Murphy, Environmental Programs Specialist
Department of State Health Services
Environmental Hazards Branch - PSQA
dshs.texas.gov
512-960-6434
G.-TE}I;AS
Ser*es I Ilea"serrioes
From: Acosta, Alfonso <AcostaA@laportetx.gov>
Sent: Monday, April 19, 2021 10:41 AM
To: DSHS Asbestos Help <AsbestosHelp@dshs.texas.gov>
___--- Cc: Glass,.Richard <GlassR@laportetx,gov>;_Pocock, Haley-<pocockh@laportetxgpv>
- - - ---- ..
Subject: 117 W Main Street La Porte, Texas 77571
WARNING: This email is from outside the HHS system. Do not click on links or attachments unless you expect
them from the sender and know the content is safe.
Good morning Ms. Murphy,
When you have a moment, can you please provide information on the following?
Our office received a Limited Asbestos Inspection Report a few days ago dated November 29, 2017. The purpose of the
Limited Asbestos Inspection report indicates it was for "renovation purposes".
The 2017 Limited Asbestos Inspection Report is now being submitted for the purposes of demolishing the same building.
Our office is requesting a complete asbestos survey be completed on the building prior to demolition.
Can please clarify if a Limited Asbestos Inspection Report conducted for "renovation purposes" can now be used to
demolish a structure?
Please see the attached report for your reference.
Any assistance you can provide would be greatly appreciated.
Thank you and have a great day.
Best regards,
Alfonso Acosta, TSBPE #I-386il Deputy Building Official
Planning & Development Department
604 W. Fairmont Parkway I La Porte, Texas 77971
281-470-5o66
3
Acosta, Alfonso
From: Acosta, Alfonso
Sent: Tuesday, April 20, 2021 9:51 AM
To: Kyle Fox; Brian Bulgier
Cc: Glass, Richard; Pocock, Haley; Tarver, Curtis; Fitch, Dennis; Matt White; Pocock, Haley;
Michel, Malik
Subject: RE: 117 South Highway 146 - Demolition Permit Application #21-741
Tracking: Recipient
Kyle Fox
Brian Bulgier
Glass, Richard
Pocock Haley
Tarver, Curtis
Fitch, Dennis
Matt White
Pocock Haley
Michel, Malik,
Good morning Kyle and Brian,
Read
Read: 4/20/2021 9:51 AM
Thank you both for your calls earlier this morning and the revised information submitted yesterday.
The revised Limited Asbestos Inspection Report cannot be accepted for the proposed demolition.
Please submit a complete asbestos survey for the proposed demolition to permitsCdlaportetx.aov at your earliest
convenience in order to continue with the review of the Demolition Permit.
Best regards,
Alfonso
From: Kyle Fox Imailto:kyle@foxgraham.com]
Sent: Monday, April 19, 20219:38 AM
To: Acosta, Alfonso
Cc: Brian Bulgier; Glass, Richard; Pocock, Haley; Tarver, Curtis; Fitch, Dennis; Matt White
Subject: Re: 117 South Highway 146 - Demolition Permit Application #21-741
Alfonso,
PDF attached with report summary at the beginning. Please see PG 5 (Recommendations). If you have any
further questions, Matt with Phase Engineering is cc'd into this email.
Matt White
Building Services
5524 Cornish Street • Houston, Texas 77007
1
Direct 832 485 2241• Mobile 832-316-0795
Mattw(a)Phase Engineerina.com
Best,
Kyle
Kyle B. Fox, CCIM
Fox & Graham
8582 Katy Freeway, Suite 240
Houston, TX 77024
0 281-855-1300 x2
F 281-520-4209
C 281-732-4814
E kyle(&foxgraham.com
On Apr 19, 2021, at 9:09 AM, Acosta, Alfonso <AcostaAPIaportetx.gov> wrote:
Kyle,
Please also call out the corrections on the PDF.
Thank you.
Best regards,
Alfonso
From: Acosta, Alfonso
Sent: Monday, April 19, 2021 9:08 AM
To: Kyle Fox
Cc: Brian Bulgier; Glass, Richard; Pocock, Haley; Urver, Curtis; Fitch, Dennis
Subject: RE: 117 South Highway 146 - Demolition Permit Application #21-741
Good morning Kyle,
Thank you for the update.
Please send a PDF of the corrected report.
Best regards,
Alfonso
N
From: Kyle Fox [mailto:kyle@foxeraham.coml
Sent: Sunday, April 18, 2021 9:30 PM
To: Acosta, Alfonso
Cc: Brian Bulgier; Glass, Richard; Pocock, Haley; Tarver, Curtis; Fitch, Dennis
Subject: Re: 117 South Highway 146 - Demolition Permit Application #21-741
Alfonso,
Please see the attached link to the corrected report:
M
I am also attaching the deeds, but will send a separate email to the permits office as well.
Best,
Kyle
<image001.jpg>
Kyle B. Fox, CCIM
Fox & Graham
8582 Katy Freeway, Suite 240
Houston, TX 77024
O 281-855-1300 x2
F 281-520-4209
C 281-732-4814
E kvle(Womrahani.cdm
On Apr 16, 2021, at 3:58 PM, Acosta, Alfonso <AcostaA ,laportetx.gov> wrote:
Good afternoon Kyle,
Thank you for your inquiry, additional information and timely response.
Yes, please email a recorded deed to permits@Iaportetx.gov so as to be properly logged
in the system. Please reference the property address and Permit #21-741 in the subject
line.
A complete asbestos survey will need to be submitted.
Best regards,
Alfonso
From: Kyle Fox lmailto:kvleCdfoxaraham.coml
Sent: Friday, April 16, 20211:42 PM
3
To: Acosta, Alfonso
Cc: Brian Bulgier; Glass, Richard; Pocock, Haley; Tarver, Curtis; Fitch, Dennis
Subject: Re: 117 South Highway 146 - Demolition Permit Application #21-741
Alfonso,
HCAD records attached with correct ownership, SMTMB III,
referenced. Although the plat has been recorded, I have attached an unsigned plat
if that helps find the recorded plat if that helps attached below. Also, please look
into us using the Limited Asbestos Inspection Report as we have used this type of
report for all of our developments across Texas with no issue thus far. Let me
know if you need additional information (ie recorded deed) and I will send over.
Best,
Kyle
<image001.jpg>
Kyle B. Fox, CCIM
Fox 8 Graham
8582 Katy Freeway, Suite 240
Houston, TX 77024
O 281-855-1300 x2
F 281-520-4209
C 281-732-4814
E kvle(cDfoxgraham.com
On Apr 16, 2021, at 12:51 PM, Acosta, Alfonso
<AcostaA(@lauortetx.gov> wrote:
Good afternoon,
Thank you for the recent submittal of the Demolition Permit Application
and Limited Asbestos Inspection Report.
In order to continue with the review process, please provide the
following information and submit to permits@laportetx.aov at your
earliest convenience.
1. Need property ownership documentation — Harris County
Appraisal District information on the application does not
match information on application
2. Submit an Asbestos Survey —The Limited Asbestos Inspections
Report is not sufficient
Should you have any'questions, please let us know.
Best regards,
Alfonso Acosta, TSBPE #I-386il Deputy Building Official
Planning & Development Department
604 W. Fairmont Parkway I la Porte, Texas 77571
281-470-5o66
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RP-2018-192279 ECEIVEL
CITY05/03/2018 ER $28.00
COPY APR 19 2021�
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT BEFORE IT IS FILED FOR RECORD IN
THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR
DRIVER'S LICENSE NUMBER.
THE STATE OF TEXAS
KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF HARRIS
THAT JAY R. YIN AND SUNG K. KIM (collectively hereinafter "Grantor ), for and
In consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and
valuable consideration to Grantor in hand paid by SMTMB III, a Texas joint venture
("Grantee"), whose mailing address is 9219 Katy Fwy. #291, Houston, Texas 77024, the receipt
and sufficiency of which consideration is hereby acknowledged and confessed, subject to all of
the matters set forth or referred to herein, has GRANTED, SOLD, AND CONVEYED, and by
these presents does GRANT, SELL, AND CONVEY, unto Grantee all of the real property
located in Houston, Harris County, Texas and described in Exhibit A attached hereto (the
"Land"), together with: (i) all easements, rights, privileges and appurtenances relating thereto,
and any abutting strips or gores; (ii) Sellers right, title and interest, if any, in and to any land
lying In the bed of any street, road or avenue, open or proposed, in front of or adjoining the Land
to the center line thereof, (III) all water rights appurtenant to the Land; and (iv) all appurtenant
easements for parking, ingress and egress and utilities (hereinafter collectively referred to as the
"Appurtenances'). The Land and the Appurtenances arc collectively referred to herein as the
'T top&
This General Warranty -Deed is made by Grantor and accepted by Grantee subject to all
the things or matters set forth on Exhibit B attached hereto and made a part hereof for all
purposes.
-- TO HAVE -AND -TO -HOLD the Property, together with -all -and singular the -rights and
appurtenances thereto in any wise belonging unto Grantee and Grantee's heirs, executors,
administrators, successors and assigns, forever; and, Grantor does hereby bind Grantor and
Grantor's heirs, successors and assigns to WARRANT and FOREVER DEFEND all and
singular the Property unto Grantee and Grantee's successors and assigns, against every person
whomsoever lawfully claiming or to claim the same, or any part thereof.
Ad valorem taxes for the year 2018 have been prorated between Grantor and Grantee
through the date hereof and Grantee expressly assumes the payment of such taxes for such year.
[Signature Page Follows]
Recorded by
Fidelity National Title
GF EAl-1 I g (i,)1 to 33
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EXECUTED effective as of the 2nd day of May, 2018.
GRANTOR:
JAY R. YIM
STATE OF TEXAS
COUNTY OF HARRIS
ECEIVED
APR 19 2021
BY:
This instrument was acknowledged before me on this the 6d~ A/ day of May, 2018, by
!ay R. Yim.
CUOTUARY
RDES R GRAU
IC.STAvsue, ar�Te or re7tAs
OMMISSION EXPIRES
RCH 14,2021
qOq�C/,/yy,/yJIJ�
. STATE OF -TEXAS - - - . .
COUNTY OF HARRIS
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Notary Pub c in qdd for
State of Texas
SUNG K, KIM
§
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This instrument was acknowledged before me on this the day of May, 2018, by
Sung K. Kim.
KONWOTARYFUILI
URDES R ORAU Notary ? I6bli�dtn and for
129a60at•1 State of Texas
O STATEOP TEXAS
COMMISj1ON EXPIRE[ARCH 14, 2021
CITY
COPY
ECEIVED
APR 19 2021
BY:
Lots Seven (7) and Eight (8), in Block Forty-five (45) of Town of La Porte, a subdivision in
Hams County, Texas, according to the map or plate thereof recorded in Volume 58, Page 460 of
the Deed records of Harris County, Texas.
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CITY
COPY
Exhibit B
Permitted Exceptions
ECEIVED
APR 19 2021
BY:
1. Interest in and to all coal, lignite, oil, gas and other minerals, and all rights incident
thereto, contained in instrument in Volume 1114, Page 152 of the Deed Records of the
Official Records of Harris County, Texas.
2. Interest in and to all coal, lignite, oil, gas and other minerals, and all rights incident
thereto, contained in instrument in Volume 1224, Page 162 of the Deed Records of the
Official Records of Harris County, Texas.
3. Interest in and to all coal, lignite, oil, gas and other minerals, and all rights incident
thereto, contained in instrument in Volume 1226, Page 163 of the Deed Records of the
Official Records of Harris County, Texas.
4. interest in and to all coal, lignite, oil, gas and other minerals, and all rights incident
thereto, contained in instrument in Volume 1485, Page 735 of the Deed Records of the
Official Records of Harris County, Texas.
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APR 19 2021
BY:
RP-2018-192279
$ Pagan 5
05/03/2018 08:50 AM
0-Filed 6 e-Recorded in the
Official Public Records of
HARASS COUNTY
STAN STANART
COUNTY CLERK
Fees $28.00
RECORDERS"MEMORANDUM
This instrument was received and recorded electronically
and any blackouts, additions or changes were present
at the time the instrument was filed and recorded.
Any provision herein which restricts the sale, rental, or
use of the described real property because of color or
race is invalid and unenforceable under federal law.
THE STATE OF TEAS
COUNTY OF HARRIS
I hereby certify that this instrument was FILED in
File Number Sequence on the date and at the time sta=ped
hereon by ma; and was duly RECORDED in the Official
Public Records of Real Property of Harris County, Tezan.
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Name:
Phone number:
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Yes. .No
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Site Plan #
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S:\City Planning Share\ALPHA-1\01-INSPECTIONS DIVISION\Inspections\Received Log Over The Counter New
Limited Asbestos ECEiVED
Inspection Report APR 19 2021
BY:
Former Whataburger
17 South 9th Street CITY,
La Porte, Harris County, Texas 77571 COPY
November 29, 2017
PEI Project No.: 201711073
Prepared for:
Fox & Graham
8582 Katy Freeway, Suite 240
Houston, Texas 77024
Prepared by:
Phase Engineering, Inc.
5524 Cornish Street
Houston, Texas 77007
"I PHASE. ENGINEERING, II\IC. ENV IRoNM-EN'TAL CONS ULTANTS__M■l
P,.hdse 1`0nd Phase 11 ESAs:i Asbestos y Moldy Lead • Stonnwatei"complicfjce.i,wetlarids � PCAs •'NEPA
Fox & Graham
c/o Christy Nayes Bowen
8582 Katy Freeway, Suite 240
Houston, Texas 77024 0
Phone: 281-855-1300 x 4 Email: christy@foxgraham.com
V
RE:201711073
Dear Ms. Christy Nayes Bowen:
11E-q1i9kTI t
Fri
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APR
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CITY
COPY
Phase Engineering, Inc. (Texas Department of State Health Services [TDSHS] license #10-0224) has
conducted an asbestos inspection for demolition purposes of the building materials in the Former
Whataburger building located at 17 South 9th Street, La Porte, Harris County, Texas 77571.
PROJECT SUMMARY
Site Elements
Comments
Subject Property Address
17 South 9th Street, La Porte, Harris County, Texas 77571
Location Contact
Maggie Simmons, 281-470-6173 (Owner's Representative)
Date of Inspection
November 22, 2017
Building Plans / Prior
Not provided.
Inspection Reports
Known Areas Not Available
None
for Access
Inspector Name(s)
Hector Hernandez
Inspector License #
TDSHS Asbestos Inspector License 602485
Company License #
TDSHS Asbestos Consultant Firm #10-0224
Number of Samples Collected
18
Number of Samples Analyzed
18
Number of samples
None (0)
containing or assumed to
contain more than 1 %
asbestos via Polarized Light
Microscopy (PLM)
Number of samples
None (0)
containing or assumed to
contain more than 1 %
asbestos that were analyzed
by Paint Counting
Number of samples
Not Applicable
containing asbestos but less
than 1 % via Point Count
analysis
Phase Engineering, Inc. 201711073 1
PROJECT
Site Elements
Number of samples None (0)
containing more than 1%
asbestos
ECEIVED ° e
21
Laboratory Conducting Analysis and Method: Micro Analytical Services. (TDSHS License Number
30-0304), Methods - Polarized Light Microscopy with Dispersion Staining EPA Test Method 600/
M4-82-020; (40CFR Part 763 Appendix E to Subpart E) & EPA 600/R-93/116.
Under EPA 600/R-93/116; Interim 40CFR Part 763 Appendix E to Subpart E it it not necessary to separate
layers for point counting in the individual components are proportioned equally.
The potential Asbestos Containing Building Material (ACBM) samples collected, their descriptions, and
their locations are summarized in the following table. ACBMs that tested positive over 1% for asbestos are
shaded in yellow. Material that tested positive over 1% for asbestos via PLM, but tested to be 1% or less
via Point Count analysis are shaded in blue.
Sample Summary Table
Sample
Friable/Percent
Number
Type / Condition
Bldg. / Location
Asbestos
Wall Material - White non -fibrous
South Portion of Main
No / None Detected
texture + white non -fibrous joint
Lobby
1-1-WM-1
compound with beige paper + white
fibrous gypsum with brown paper /
Good
Wall Material - White non -fibrous
Break Room
No / None Detected
texture +white non -fibrous joint
2-1-WM-2
compound with beige paper + white
fibrous gypsum with brown paper I
Good
Wall Material - White non -fibrous
North Portion of Main
No / None Detected
texture with tan paint + white
Lobby
3-1-WM-3
non -fibrous joint compound with beige
paper + white fibrous gypsum with
brown paper / Good
Ceiling Tile - Beige fibrous ceiling tile
Main Lobby
Yes / None Detected
4-2-CT-1
with white paint / Good
Ceiling Tile - Beige fibrous ceiling tile
North Portion of Main
Yes / None Detected
5-2-CT-2
with white paint / Good
Lobby
Ceiling Tile - Beige fibrous ceiling tile
Break Room
Yes I None Detected
6-2-CT-3
with white paint / Good
Ceiling Tile -White non -fibrous wall
Break Room
Yes / None Detected
7-3-CT-1
cover + white fibrous gypsum with
brown paper / Good
Phase Engineering, Inc. 201711073 2
ECEIVED
2021
Ceiling Tile - White non -fibrous wall
Bathr COPY
Yes / Non acted
8-3-CT-2
cover + white fibrous gypsum with
V j� i
brown paper / Good
Ceiling Tile - White non -fibrous wall
Break Room
Yes / None Detected
9-3-CT-3
cover + white fibrous gypsum with
brown paper / Good
Wall Mastic - Beige fibrous wall panel +
Main Lobby I Carpet
No / None Detected
10-4-M-1
beige non -fibrous mastic / Good
Tiles
Wall Mastic - Beige fibrous wall panel +
Main Lobby / Carpet
No / None Detected
11-4-M-2
beige non -fibrous mastic / Good
Tiles
Wall Mastic - Beige fibrous wall panel +
Main Lobby / Carpet
No / None Detected
12-4-M-3
beige non -fibrous mastic / Good
Tiles
Insulation - Brown fibrous insulation /
Main Lobby
Yes / None Detected
13-5-1-1
Good
Insulation - Brown fibrous insulation /
Main Lobby
Yes / None Detected
14-5-1-2
Good
Insulation - Brown fibrous insulation /
Break Room
Yes / None Detected
15-5-1-3
Good
Cove Base - Grey non -fibrous cove
Secured Access
No / None Detected
16-6-CB-1
base + beige non -fibrous mastic / Good
Entry
Cove Base - Grey non -fibrous cove
Secured Access
No / None Detected
17-6-CB-2
base + beige non -fibrous mastic / Good
Entry
Cove Base - Grey non -fibrous cove
Secured Access
No I None Detected
18-6-CB-3
base + beige non -fibrous mastic / Good
Entry
The inspection performed by Phase Engineering, Inc. was a suspect asbestos containing building materials
(ACBMs) inspection for demolition purposes of the building materials in the Former Whataburger building
located at 17 South 9th Street, La Porte, Hams County, Texas 77571 following the Texas Asbestos Health
Protection Rules (TAHPR) and the National Emission Standards for Hazardous Air Pollutants (Title 40
CFR, Part 61) for any exterior samples required. This inspection is not intended to comply with AHERA
40 CFR 763.
Site Specific Details:
»
Site Specific Details
Item Description
The inspector was provided no historical documentation of original construction or renovations of the
building. No previous asbestos inspection reports or abatement reports were provided to the inspector.
The sampling protocol followed for this inspection was intended for renovation purposes of the building
materials in the Former Whataburger building located at 17 South 9th Street, La Porte, Harris
County, Texas 77571.
The units consisted of brick tile flooring, sheetrock walls, wall panels and acoustical ceiling tiles.
The first -floor flooring type of brick tile flooring appears to be installed onto concrete.
Any other suspect material found during renovation that was not sampled during this inspection is to be
considered ACBM until tested.
Phase Engineering, Inc.201711073 3
ECEIVED
Site Specific Details
Item -Description By•
The mirrors within the units inspected appeared to be hung to the sheetrock walls. During the course o
renovation, any suspect material observed behind mirrors (black mastic) or behind any observed
ceramic file is to be considered ACBM until tested.
Roof materials were metal sheeting.
Areas behind walls and above ceilings were observed for suspect ACBMs where possible. Phase
Engineering, Inc. does not warrant that all suspect ACBMs above ceilings, under flooring, and behind
walls have been identified.
The specific square footage of each homogeneous suspect ACBM area is not included as a part of this
limited asbestos inspection.
Although Phase Engineering, Inc. uses trained and licensed inspectors in attempting to locate and identify
materials potentially containing asbestos, Phase Engineering, Inc. does not warrant that all materials
containing asbestos have been identified. It is possible that there are materials containing asbestos that
were not found because they were not visible or accessible to the inspector, or for various other reasons,
were not sampled. Moreover, it is possible that the actual quantities of materials will differ from the
quantities of materials estimated during this survey.
Samples taken are categorized as either friable or non -friable. The term friable refers to the ease with
which the material can be crumbled or made to produce dust using hand pressure alone. For example,
ceiling tiles are generally considered friable, while floor files are generally considered non -friable. Sheet
rock wall materials are considered friable when damaged and non -friable when intact. The condition of the
materials sampled is also categorized as good, damaged or significantly damaged.
A construction material is considered to be an ACBM if it is composed of more than 1% asbestiform
components.
Findings: -
No suspect ACBMs analyzed were found to contain more than 1% asbestos in the Former Whataburger
building located at 17 South 9th Street, La Porte, Harris County, Texas 77571.
021
D
Phase Engineering, Inc.201711073 4
ECEIVED I
Recommendations:
�I I r I I APR 19 1021 L'I
COPY By:
If the building is to be demolished or renovated it is recommended that any ACBMs or assumed ACB— M—s—
that will be disturbed be removed by a licensed abatement contractor and if applicable, a licensed asbestos
consultant.
The TDSHS Demolition/Renovation Notification form combines the requirements of the National Emission
Standards for Hazardous Air Pollutants, 40 CFR, Subpart M (NESHAP) and the Texas Asbestos Health
Protection Rules (TAHPR). Both of these regulations require that written notification be submitted before
beginning renovation projects that include the disturbance of any asbestos -containing material in a facility.
A notification form is required before the demolition of a building or facility, even when no asbestos is
present. This form must be used to fulfill either of these requirements. Please call either 512-834-6610 or
1-800-572-5548 (within Texas), or your local regional office for assistance in completing this form.
If any ACBM is left in place the TDSHS may require an asbestos Management Plan in accordance with
the TAHPR, section 295.34 (h). In the event that maintenance and repair are necessary, it is required by
OSHA that anyone in contact with the disruption of these ACBMs be notified through an onsite, up-to-date
asbestos Management Plan.
During renovation or demolition activities, care should be exercised in dealing with all construction
materials even those shown to be non -asbestos containing (this would include materials technically
considered as non -asbestos containing because they are below the one percent limit). If these
non -asbestos materials are to be disturbed work practices should be used that will limit exposure to dust
and debris. Contractors performing this work should conform to OSHA regulations outlined in 29 CFR
1926.55 (exposure limits can be found in 29 CFR 1910.1000 Table Z-3).
The Texas Asbestos Health Protection Rules (TAHPR) dated March 2003, §295.34 (c) (1) state "During the
construction of or renovation in a public building, a person appropriately licensed in accordance with these
rules, Texas registered _architect or Texas -licensed. professional engineer, may compile the information_ _
from material safety data sheets (MSDS) of all products used in the construction of the building and,
finding no asbestos in any of those products, prepare a signed written certification that he has reviewed
the MSDSs for all products used in the construction and that none of those products contain ACBM and:
therefore, the building material do not contain asbestos. This certification, together with copies of the
MSDSs and copies of any previous asbestos surveys, may be used as an asbestos survey".
Further TAHPR §295.34 (i) states that "A person may not install building materials or replacement parts as
stated in subsection 0) of this section, in a public building unless:
(1) the person obtains a required MSDS showing that the materials or replacement parts contain 1.0% or
less of asbestos; or
1
(2) the materials or replacement parts, according to the MSDS, contain more than 1.0% asbestos but there
is no alternative material or part as demonstrated by the building owner or contractor."
In the event of future renovation and or demolition, further sampling may be required of suspect asbestos
containing materials prior to these activities to satisfy the Environmental Protection Agency (EPA),
Occupational Safety and Health Administration (OSHA), and Texas Department of State Health Services
Phase Engineering, Inc. 201711073 5
GRY ECEIVED
(TDSHS) rules and regulations at that time. If suspect asbestos c rru��cc�� matey[a(*119 2Q2�during this inspection) should be found during any renovation or dlifi6 mateyhould be
sampled for asbestos and handled appropriately fallowing all local, state and federal rules attdlatiens
at that time.
If improper renovation or demolition occurs the building owner is subject to a $10,000 a day fine,
enforced by the Texas Department of State Health Services (TDSHS).
Thank you for the opportunity to work with you on your environmental needs. If you have any questions,
feel free to contact us at (832)-485-2236 or 1-800-419-8881.
Sincerely,
Hector Hernandez
Asbestos Inspector
TDSHS License #602485
Scott Lindsay
Asbestos Consultant
TDSHS License #105828
Phase Engineering, Inc. 201711073
CITY ECEIVED
Copy APR 19 2021
BY:
APPENDIX I
LABORATORY RESULTS
i
Phase Engineering, Inc. 201711073
CITY ECEIVED
Copy APR 19 2021
BY:
MieroAnalytiea[Serviees, Inc. 11301 Richmond Ave. Ste. KIGOB eHouston+Tx 77082#Phone(281)4974500*Fax(281)1974517
NVLAP Lab No. 200618-0
TDSHS License No. 30-0304
PLM BULK ASBESTOS ANALYSIS REPORT
CLIENT: Phase Engineering, Inc.
HAS JOB NO.: 13656-00
PROJECT: 17 South 19" St. La Porte, Tx REPORT DATE: November 27, 2017
IDENTIFICATION: Asbestos, Bulk Sample Analysis, Quantitation by Visual Area Estimation
TEST METHOD: Polarized Light Microscopy with Dispersion Staining
EPA Test Method 600/M4-82-020; (40CFR Part 763 Appendix E to Subpart E) &
EPA 600/R-93/116
STATEMENT OF LABORATORY ACCREDITATION
These samples were analyzed at Micro Analytical Services, Inc. in the Asbestos Laboratory at 11301 Richmond Ave. Suite
K 10013, Houston, Texas, 77082. The Laboratory holds accreditation from the National Institute of Standards and
Technology under the National Voluntary Laboratory Accreditation Program (NVLAP). This laboratory is also licensed
and authorized to perform as an Asbestos Laboratory in the State of Texas within the purview of Texas Civil Statutes,
Article 4477-3a, as amended, so long as this license is not suspended or revoked and is renewed according to the rules
- -adopted by the Texas Board of Health.
The samples were analyzed in general accordance with the procedures outlined in the Method for the Determination of
Asbestos in Bulk Building Materials, EPA/600/M4-82-020; (40CFR Part 763 Appendix E to Subpart E) & EPA 600/11-
93/1 16or the U.S. Environmental Protection Agency method, under AHERA, for the. analysis of asbestos in building
materials by polarized light microscopy. The results of each bulk sample relate only to the material tested and the results
shall not be used to claim product endorsement by NVLAP or any agency of the U.S. Government.
Specific questions concerning bulk sample results shall be directed to the Asbestos Bulk Laboratory at Micro Analytical
Services, Inc.
Analyst: Tony T.,Dang
Approved Signatory: ��
CI ECEfVEU
- C TY APR 19 1021
0F'Y BY:
%ieroAnalytiealSeruiees, Inc. 11301Richmond Ave. Ste. KIOOB4Houstonr'Texas77082#Phone(281)497-4500*Fax(281)497-0517
Polarized Light Microscopy Analysis
Phase Engineering, Inc. MAS Project #: 13656-00
5524 Cornish St. Date Received: 11/27/2017
Houston, Texas 77007 Date Analyzed: 11/27/2017
Project Name: 17 South I9lh La Porte, Tx
Field ID/ Layer # Sample Description Asbestos Asbestos Non -Asbestos
Lab fD Detected? Constituents Constituents
1-1-WM-1 I
White non -fibrous texture
No
100% Other
MAS406783
1-1-WM-1 2
White non -fibrous joint
No
70% Cellulose
MAS406783
compound with beige paper
30% Other
1-1-WM-1 3
White fibrous gypsum with
No
70% Cellulose
MAS406783
brown paper
30% Gypsum
2-1-WM-2 I
White non -fibrous texture
No
100% Other
MAS406784
2-1-WM-2
2
White non -fibrous joint
No
70% Cellulose
MAS406784
compound with beige paper
30% Other
2-1-WM-2
3
White fibrous gypsum with
No
70% Cellulose
MAS406784
brown paper
30% Gypsum
3-1-WM-3
I
White non -fibrous texture
No
100% Other
MAS406785
with tan paint
3-1-WM-3
2
White non -fibrous joint
No
70% Cellulose
MAS406785
compound with beige paper
30% Other
3-1-WN1-3
3
White fibrous gypsum with
No
70%Cellulose
4-2-CT-1 1
Beige fibrous ceiling tile No
10% fibrous Glass
MAS406786
with white paint
40% Cellulose
30% Perlite
20% Other
5-2-CT-2 I
Beige fibrous ceiling tile No
10% fibrous Glass
MAS406787
with white paint
40% Cellulose
30% Perlite
20% Other
6-2-CT-3 I Beige fibrous ceiling tile No 10% fibrous Glass
MAS406788 with white paint 40% Cellulose
30% Perlite
20% Other
Samples have been analyzed by the EPA Interim Method 600/M4-82-020(40CFR Pan 763 Appendix E to Subpart E) & EPA 600/R-93/116. The test results herein relate
only to the sample submitted and analyzed. This report may only be reproduced in full with the approval of the Bulk Asbestos Laboratory of Micro Analytical Services
(MAS). The above percentages are visual estimates of area percent. MAS is not responsible for any errors resulting from improper or incorrect sampling or shipping
procedures. These samples will be retained for a period of 30 days. Accreditation by NVLAP in no way constitutes or implies product certification, approval, or
endorsement by NIST. Some materials, especially four tiles, contain asbestos fibers too thin to be detected by this method.
NVLAP Lab Code: 200618 TDSHS License: 30-0341
Analyzed by: Tony Dang Approved NVLAP Signatory: Tony Dang
Pagel of3
CITY ECEIVED
PY APR 19 2021
BY:
9Kiero Analytiea(Serviees, Inc. 11301 Richmond Ave. Ste. K100B*FIoustoa*Tcxas 77082*Phonc(281) 497-4500+Fax(281) 497-0517
Polarized Light Microscopy Analysis
Phase Engineering, Inc.
MAS Project #:
13656-00
5524 Cornish St.
Date Received:
11/27/2017
Houston, Texas 77007
Date Analyzed:
1 1/27/2017
Project. Name: 17 South 19'h La Porte, Tx
Field ID/
Layer #
Sample Description
Asbestos
Asbestos Non -Asbestos
Lab ID
Detected?
Constituents Constituents
(Yes/No)
(6/0) (a/o)
7-3-CT-1
1
White non -fibrous wall cover
No
100% Vinyl
MAS406789
7-3-CT-1
2
White fibrous gypsum with
No
70% Cellulose
MAS406789
brown paper
30% Gypsum
8-3-CT-2
1
White non -fibrous wall cover
No
100% Vinyl
MAS406790
8-3-CT-2
2
White fibrous gypsum with
No
70% Cellulose
MAS406790
brown paper
30% Gypsum
9-3-CT-3
I
White non -fibrous wall cover
No
100% Vinyl
MAS406791
9-3-CT-3
2
White fibrous gypsum with
No
70% Cellulose
MAS406791
brown paper.
30% Gypsum
10-4-M-1 I
Beige fibrous wall panel
No
40% fibrous Glass
MAS406792
60% Other
10,4-M-1_ ._ _ _ 2
Beige.non-fibrous mastic
_ No
100%-Mastic
MAS406792
1 1-4-M-2 1
Beige fibrous wall panel
No
40% fibrous Glass
MAS406793
60% Other
114-M-2 2
Beige nofi-fibrous mastic
No
100% Mastic
MAS406793
Beige fibrous wall panel No 40% fibrous Glass
MAS406794 60% Other
12-4-M-3 2 Beige non -fibrous mastic No 100% Mastic
MAS406794
13-5-1-1 1 Brown fibrous insulation No 100% Cellulose
MAS406795
14-5-I-2 1 Brown fibrous insulation No 100%
MAS406795
Samples have been analyzed by the EPA Interim Method 600/M4-82-020(40CFR Part 763 Appendix E to Subpart E) & EPA 600111-931116. The tut results herein relate
only to the sample submitted and analyzed. This report may only be reproduced in full with the approval of the Bulk Asbestos Laboratory of Micro Analytical Services
(MAS). The above percentages arc visual estimates of area percent. MAS is not responsible for any errors resulting from improper or incorrect sampling or shipping
procedures. These samples will be retained for a period of 30 days. Accreditation by NVLAP in no way constitutes or implies product certification, approval, or
endorsement by NIST. Some materials, especially Boor tile, contain asbestos fibers too thin to be detected by this method.
NVLAP Lab Code: 200618 TDSFIS License: 30-0341
Analyzed by: Tony Dang Approved NVLAP Signatory: Tony Dang
Page 2 of 3
ECEIVED '
CITY APR 19 2021
9 s OP " BY:
%ieroAnafytiea[Serviees, Inc. 11301Richmond Ave. Ste. KIOOB4Houston*Tcxas77082#Phone(281)497-0500*Fax(281)497A517
Polarized Light Microscopy Analysis
Phase Engineering, Inc. MAS Project #: 13656-00
5524 Cornish St. Date Received: 11/27/2017
Houston, Texas 77007 Date Analyzed: 1 1/27/2017
Project Name: 17 South 19`h La Porte, Tx
Field ID/ Layer #
Sample Description
Asbestos Asbestos
Non -Asbestos
Lab ID
Detected? Constituents
Constituents
(Yes/No) (%)
(%)
15-5-1-3 1
Brown fibrous insulation
No
100% Cellulose
MAS406796
16-6-CB-I 1
Grey non -fibrous cove base
No
100% Vinyl
MAS406797
16-6-CB-1 2
Beige non -fibrous mastic
No
100% Mastic
MAS406797
17-6-CB-2 1
Grey non -fibrous cove base
No
100% Vinyl
MAS406798
Beige non -fibrous mastic No 100% Mastic
MAS406798
18-6-CB-3 l Grey non -fibrous cove base No 100% Vinyl
MAS406799
18-6-CB-3 2 Beige non -fibrous mastic No 100% Mastic
MAS406799
Samples have been analyzed by the EPA Interim Method 600/M4-82-020(40CFR Part 763 Appendix E to Subpart E) & EPA 600/R-93/116. The tut results herein relate
only to the sample submitted and analyzed. This report may only be reproduced in full with the approval of the Bulk Asbestos Laboratory of Micro Analytical Services
(MAS). The above percentages are visual estimates of area percent. MAS is not responsible for any errors resulting from improper or incorrect sampling or shipping
procedure. These samples will be retained for a period of 30 days. Accreditation by NVLAP in no way constitutes or implies product certification, approval, or
endorsement by NIST. Some materials, especially floor tiles, contain asbestos fibers too thin to be detected by this method.
NVLAP Lab Code: 200618 TDSHS License: 30-0341
Analyzed by: Tony Dang Approved NVLAP Signatory: Tony Dang
Page 3 of 3
Micro
CITY ECEIVEU ,I
COPY APR 19 2021�
- r
Services, I11e. 11301 Richmonl Ave. Suite K 10U3•Houmori:Texn 770d2•Phone (26I) 497-4300-Fu (28)) 497-0i 17
Asbestos Bulk Sample Chain of Custody
1 Com an : Phase En ineetin -, Inc.
Contact:
Ii ; G
Project Name: p f7.
Address: 5524 Cornish Street
Bill to: Mr.
James Dismukes
'
r
Pro'ect M.
City: Houston
Email:
State/Zi :Texas 77007
1
PO R:
Phone: (713)476-9844
�I
Fax: 713)476-9797
-Date Collected:
_ Z Z - 17 1
MAS Project r:
Turn around time (circle): Emergency ] -day 2-day
%A
3-day 4-day 5-day ,Mp,C GIS 4 "' 1, t7 3
f
-LQ, 1 �7
i Field m
Lab ID
Sam le Des
i tion
Sample Location.
Comments I
=2—
�� 1
rafts •T
t '
r^.•.cn:-.'ad by:
i
Relinquished
Received by:
-z3-1Tiro
'Time:_
I
I� - " Pam`" of M.4S"" FIUI
CITY
COPY
APPENDIX II
ECEIVED
APR 19 2021
BY: -
LICENSES AND CERTIFICATIONS
t
Phase Engineering, Inc. 201711073
TEXAS DEPARTMENT OFSTATE.HE
_ AL;TH SERVICES
.r 4 -PHASE ENGINEERING INC
a:
is certified to perfom as.a
Asbestos Consultant Agency.
in the State of Texas within the purview of Texas Occupations Code, chapter-1954, -so long as this license is not
a szispended or revoked and is renewed according to'the rules adopted by the Texan Board_ofHealth:.
' KIRK COLE, INTERIM
COMMISSIONER OF HEALTH
License Number: 100224 Expiration Date: 12/26/2017
Control Number: 96851 (Void After Expiration Date)
VOID, IF ALTERED NON -TRANSFERABLE
r
T_____ ram_._--c.___._A r Jr+x� c__
■ r--� x �� r■ F+ r r �+ r■ r■■ r✓ r■ r
Health Services
Asbestos Inspector
HECTOR HERNANDEZ
License No. 602485
Control No. 98405
...
fpom"-_
Expiration Date: 9/17/2018
n n�
m
^� m
0
o
I
Y •
Texas Department of
E State Health Services
Asbestos Individual Consultant
SCOTT A LINDSAY
License No.105828
Control No. 97269
Expiration Date:10/24/2019
<
N M
Q
G
TEXAS DEPARTMENT OF STATE HEALTH SERVICES_
MICRO ANALYTICAL SERVICES INC
is certified to_perform as a
Asbestos Laboratory'
:PCM,-PLM
in the Slate of Texas -within [he purview of Texas, Occupations Code, -chapter 1934, so long as this-license"isI not
- ; suspended or revoked, and is renewed according to the -rules adopted by th'e Texas Board of Health.
- KIRK DOLE, INTERIM
0
'COMMISSIONER OF HEALTH-
`-
-License Number: 300341 _ ! Expiration Date: ,1/25/2018 .
-Control Number: 96091 (Void After Expiration -Date)
n
n
VOID IF ALTERED NON -TRANSFERABLE.
M
N
f .o
m
CITY
COPY
APPENDIX III
LETTER OF ENGAGEMENT
T
j ECEIVED
APR 19 2021
BY:
Phase Engineering, Inc. 201711073
a
CITY ECEIVED
Copy APR 19 2021
Phase Engineering, Inc. BY:
Environmental Consultants November 9, 2017
Fox & Graham
Christy Nayes Bowen
8582 Katy Freeway, Suite 240
Houston, TX 77024
Phone: (281) 855-1300 Ext. 4 Fax: (281) 520-4209 Email: chrisly@foxaraham.com
We are pleased to make the following proposal for Professional Environmental Services:
Current Use: Fortner Whataburger- Approximately 0.574•Acres
Address/ Property Location: 17 S. gth Street
City: La Porte County: Hams State: TX Zlp: 77571
Perform an asbestos inspection to identify suspect building materials that contain asbestos by a Texas
Department of State Health Services licensed Inspector for renovation purposes. Exterior and roof materials will
not be sampled as part of this inspection, unless requested by the client. The client is responsible for
coordinating a roofer to secure the roof after the asbestos inspection is completed, If applicable. By signing this
agreement you agree that Phase Engineering, Inc. is not liable for any damage to these areas inspected. A
minimum of three samples, of each suspect asbestos containing homogeneous building material will be taken, to
satisfy the Texas Department of State Health Services requirements for renovation of asbestos building
materials. A minimum of one sample only may be required for exterior suspect asbestos containing materials
sampled, If applicable. The samples will then be taken to the lab and analyzed for asbestos. Samples that are
over one percent asbestos and under 5 percent asbestos can be point counted at the laboratory to confirm the
percentage of asbestos in the building material. This analysis is more expensive than the traditional analysis
(Polarized Light Microscopy) and is used when asbestos is near the one percent detection amounts.
Transmission Electron Microscopy (TEM) is considered one of the most accurate methods for laboratory analysis
for suspect asbestos containing building materials, however, this method is more costly and currently It is only
recommended under federal regulations. Although Phase Engineering, Inc. uses trained and licensed inspectors
in attempting to locale and identify materials potentially containing asbestos; Phase Engineering, Inc. does not
warrant that all materials containing asbestos will be identified. It is possible that there are materials containing
asbestos that were not found because they were not visible or accessible to the inspector, or for various other
reasons, were not sampled.
• Includes: Electronic version in PDF with findings, opinions and conclusions. Originals @ $125.00 each.
• Delivery: Verbal as soon as results are delivered from the laboratory. Final Report — Approximately 10-12
working days from receipt of laboratory results.
• Terms: Invoice will be provided after inspection for payment. Paymenidue prior to release of laboratory
results. Please send a check to the address below or pay with a credit card via PayPal. Add 5% processing
fee plus $25.00 handling fee to your total at www.PayPal.com and use Payment PhaseEngineerina com as
the "To" email address.
• Insurance coverage: $2,000,000 Professional and General Liability.
If the above terms and attached Agreement for Professional Environmental Consulting Services (General Terms
& Conditions) are acceptable, please sign and fax (eFax 281-200-0060) or email
(pr000selsCdlohaseenoineerinc coml a copy of this letter to serve as a letter of engagement and notification to
proceed. The following information is needed to complete by scheduled delivery date:
1. Access to all areas to be sampled and Contact Name & Telephone Number and Current Owner Name.
2. Floor plans sent to our office prior to Inspection, Inspection will be conducted after receipt of work plan and
drawings.
5524 CorrtiSh Street Houston, Texas 77007 (713) 478-9844 Fax (713) 478-9797'
ECEIVED
CITY
APR 19 2021
COY
Phase Engineering, Inc.
Rv
Environmental Consultants
November 9, 2017
3. If project is a complete demolition these items may not be required if not available.
If floor plans are not
provided a $50.00 drawing fee may apply.
4. Entity for which the report and invoice will be addressed and delivery Instructions.
If no written information Is
provided to Phase engineering, Inc. regarding these items, the reports will be issued, billed and delivered to
above.
Thank you for the opportunity to work with you on your environmental needs. If you have
any questions, please
call me at (713) 476.9844 or 1-800-419-8881.
Melanie
Principal
Acceptet
Print Nat
Date:
6524 Condsh Street Houston, Texas 77007 (713) 476-9844 Fax (713) 47&9797
-13_(
CITY ECEIVED
AGREEMENT FOR PROFESSIONAL ENVIRONMENTAtGC�J
11 li' YERVICES APR 19 2021
Section 1 — General Terms and Conditions
1.1 Definitions BY'
"Agreement" means this Agreement for Professional Environmental Consulting Services.
"lam" (or collectively, "Parties") means PEI and Client, unless expressly stated otherwise in this Agreement.
"PEI" means Phase Engineering, Inc.
"Engagement Letter" the instrument delivered by PEI to the Parties
"Services" has the meaning set forth in Section 1.2 below.
Any capitalized terms not otherwise defined in this Agreement have the meanings given to them under the Engagement Letter.
1.2 Services
The professional environmental consulting services to be provided by PEI for the Client are set forth in the Engagement Letter, and such services,
including subsequent services, changed, altered or additional services are hereinafter called the "Services".
1.3 Standard of Care
PEI shall perform the services under this agreement with that degree of care, skill and diligence generally accepted as typical of the industry in the
performance of such services as contemplated by the Agreement at the time and location such services are rendered. PEI shall employ only
competent staff and subcontractors who will be under the supervision of a senior member of PEI's staff.
IA Rights of Entry, Site Information and Utilities
The Client shall provide right of entry for PEI and its subcontractors to carry out the Services, unless specified otherwise in the Engagement Letter.
The Client warrants that it bas furnished to PEI all information known to, or in possession or control of, the Client relating to the past and existing
conditions of the site, including but not limited to soil and geologic data, contaminants, wastes, petroleum products, controlled substances, hazardous
materials, and subsurface utilities. The Client shall extend use and reliance of this information to PEI, unless stated otherwise and to the extent
permitted by law. Such information shall be and remain confidential as between the Client and PEI and PEI shall not disclose same to any third party
unless required by law.
1.5 Safety
1.5.1 PEI maintains a General Health and Safety Plan, a copy of which will be provided to the Client on written request and will fall under Section
1.8 Subsequent Changes of this Agreement unless this service is included in the Engagement Letter.
1.5.2 PEI shall take every precaution reasonable in the circumstances for the protection of the workers providing any of the Services. When
required and prior to any field work being carried out, PEI shall provide the Client with a comprehensive site -specific safety plan for
providing the Services. Such request most be made in writing by the Client prior to commencement of the Services by PEI and will fall under
Section 1.9 Subsequent Changes of this Agreement unless included in the Engagement Letter.
1.6 Investigations and Reports
1.6.1 Findings: The findings of any investigation undertaken as part of the Services will be based upon information generated as a result of the
specific scope of the Services as described in the Engagement Letter.
1.6.2 Restoration: The Client accepts that in the normal course of the Services some damage to existing ground or other surface finishes may
occur, the restoration of which shall be the responsibility of the client or as specified in the Engagement Letter.
1.6.3 Investigations: The parties acknowledge and accept that unique risks exist whenever engineering or related disciplines are applied to identify
environmental conditions and even a comprehensive sampling and testing program may fail to detect certain conditions. Because of the
inherent uncertainties in environmental evaluations, changed or unanticipated conditions may occur or become known subsequent to PEI's
investigation that could affect conclusions, recommendations, total Project cost and/or execution. Changes in conditions are subject to
amendments to the Scope of Services.
1.6.4 Confidentiality and Reliance: Any Final Report or draft reports and the information contained therein shall be treated as confidential and,
unless otherwise agreed to by PEI and the Client, the information, sampling data, analysis, findings, conclusions and recommendations (if
any), may be used and relied upon only by the Client, its officers, directors and employees and professional advisors in the performance of
their obligations for or on behalf of the Client. Any such use and reliance shall be subject to the limitations set forth in this agreement. In
addition, the Client may submit any report to a regulatory authority or lender for the purpose of obtaining financing on a property.
1.6.5 Third Party Reliance: This Agreement and the Services provided are for Consultant and Client's sole benefit and exclusive use with no third
parry beneficiaries intended. Reliance upon the Services and any work product is limited to Client, and is not intended for third parties. In
the event PEI agrees, in its sole and absolute discretion, to make the Report available to a third party not mentioned in Pamgmph 1.6.4, the
Third Party shall be required to obtain the original Clients release, sign PEI's standard Authorized User Agreement (AUA) and pay PEI a fee
of not less than $350.00. Any such use shall be subject to the terms, conditions and limitations set forth in this Agreement, the Report and the
ALA.
1.7 Ownership of Records/Reports:
All documents or records created or prepared by PEI in the performance of the Services are considered PEI's professional work product and shall
remain the copyright property of PEI, subject to any reasonable disclosure request from the Client as may be necessary and for which reasonable
reimbursement for copies is provided.
1.8 Disposal and Samples
1.8.1 Disposal of all wastes generated from the subject property shall be the responsibility of the Client.
1.8.2 PEI shall be responsible for appropriate disposal of sample material and sample residuals after 30 days following submission of the Final
Report unless the Client specifically requests otherwise.
�s ECEIVED
CITY APR 19 2021
1.9 Subsequent Changes Y
With the consent of PEI, the Client may in writing at any time after the execution of this Agreement Qre commmcemeent Qv -
With ieesdak�e,—
extend, increase, vary or otherwise alter the Services. The Parties further agree that such changes shall alter the Services, schedule and/or the costs.
Any such changes shall be made in writing with reference to this Agreement, and accepted in writing by both Parties.
1.10 Delays
Neither Party shall be liable or penalized for delays or failure to perform its Services if the same is caused directly or indirectly by circumstances
beyond a Parry's reasonable control. The Client shall not hold PEI responsible for damages or delays in performance caused by the Client, acts of
God, acts and/or omissions of governmental authorities and regulatory agencies or other events which are beyond the reasonable control of the
Parties.
1.11 Payment
1.11.1 The PEI shall invoice the Client in accordance with the provisions set forth in the Engagement Letter. Except as stated in the Engagement
Letter, the Client shall pay to PEI at its corporate office each invoice within 30 days of the date of the invoice without holdback. Interest at a
rate of 1.5% per month or the maximum rate allowed by law, whichever is lower, may be charged on all overdue amounts.
1.11.2 In the event of a disputed billing, only the disputed portion will be withheld from payment, and the undisputed portion will be paid. The
Client shall exercise reasonableness in disputing any bill or portion thereof. No interest will accrue on any disputed portion of the billing until
mutually resolved.
1.11.3 If the Client fails to make payment of any sum due hereunder within a reasonable time period, Client acknowledges and agrees that the
subject Invoice will be referred to legal collections, and any amount in aggregate less than Ten Thousand Dollars U.S. ($10,000) will be
referred to small claims court in Hams County, Texas.
1.12 Suspension or Termination
The Client may at any time by notice in writing to PEI, suspend or terminate the Services or any portion thereof at any stage of the Project. Upon
receipt of such written notice by the Client, PEI shall perform no further Services other than those reasonably necessary to close out its Services. In
such an event, PEI shall invoice the Client for the portion of the Services completed and shall be entitled to payment in accordance with Section 1.9.
Once the Services are completed the Client assumes the risk of Frustration of Purpose.
1.13 Insurance
1.13.1 PEI agrees to carry and maintain the following minimum insurance coverages for the term of this Agreement:
Worker's Compensation Insurance: Statutory requirement amounts
Commercial General Liability: $1,000,000 per occurrence
Automobile Liability Insurance: $1,000,000 per occurrence for both owned and non -awned vehicles
Professional Liabilityand Contractors Professional Insurance: $1,000,000 per occurrence
1.13.2 PEI's current Certificate of Insurance is provided with the Engagement Letter. If the Client requests to be a named as a certificate holder,
this request must be made in writing to PEI prior to commencement of the Services.
1.13.3 PEI will renew the Professional Liability Insurance at or above the minimum coverage for period of two (2) years after completion of the
Services.
1.13.4 If the Client requests that PEI increase the amount of insurance coverage or obtain other special insurance for the Project, PEI shall
endeavor forthwith to obtain such increased or special insurance at the Client's expense.
1.13.5 Each of PEI and Client waive all claims, losses, damages and rights of recovery against the other to extent of the limits of coverage under
any commercial general liability or property insurance policy actually obtained by a Party to this Agreement (or, in the case of PEI, to the
extent obtained or required to be obtained by PEI under this Agreement). In addition, each Party shall exercise commercially reasonable
efforts to cause to waive subrogation under its commercial general liability and property insurance policies and provide any necessary
endorsements thereto.
1.14 indemnity/Statute of Limitations.
EACH OF PEI AND CLIENT SHALL INDEMNIFY AND HOLD HARMLESS THE OTHER AND THEIR RESPECTIVE AGENTS,
EMPLOYEES, SUCCESSORS AND ASSIGNS FROM AND AGAINST LEGAL LIABILITY FOR CLAIMS, LOSSES, DAMAGES, AND
EXPENSES TO THE EXTENT SUCH CLAIMS, LOSSES, DAMAGES, OR EXPENSES ARE LEGALLY DETERMINED TO BE
CAUSED BY THEIR NEGLIGENT ACTS, ERRORS, OR OMISSIONS. IN THE EVENT SUCH CLAIMS, LOSSES, DAMAGES, OR
EXPENSES ARE LEGALLY DETERMINED TO BE CAUSED BY THE JOINT OR CONCURRENT NEGLIGENCE OF PEI AND
CLIENT, THE PARTIES SHALL BEAR LIABILITY IN PROPORTION TO ITS OWN NEGLIGENCE UNDER COMPARATIVE
FAULT PRINCIPLES. NEITHER PARTY SHALL HAVE A DUTY TO DEFEND THE OTHER PARTY, AND NO DUTY TO DEFEND
IS HEREBY CREATED BY THIS INDEMNITY PROVISION AND SUCH DUTY IS EXPLICITLY WAIVED UNDER THIS
AGREEMENT. CAUSES OF ACTION ARISING OUT OF PEPS SERVICES OR THIS AGREEMENT, REGARDLESS OF CAUSE OR
THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY OR OTHER RECOVERY, SHALL BE DEEMED TO
HAVE ACCRUED AND THE APPLICABLE STATUTE OF LIMITATIONS SHALL COMMENCE TO RUN NO LATER THAN THE
DATE OF PEPS SUBSTANTIAL, COMPLETION OF SERVICES ON THE PROJECT.
1.15 Limitation of Liability.
1.15.1 Notwithstanding any other provisions contained herein, it is understood and agreed that PEI's liability to the Client for all claims arising out
of this Agreement, or in any way relating to the Services, will be limited to direct damages and/or to the specific performance of any Services
not meeting the Standard of Care set forth herein and such liability will, in the aggregate, not exceed the stem of the coverages shown on PEI's
Certificate of Insurance in effect at the time of the claim
1.15.2 No claim may be brought against PEI more than Two (2) years after the Services were completed under this Agreement, or as negotiated
between PEI and the Client.
CITY ECEIVED
qA//'�"+��__ Lug APR 19 2021
1.15.3. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTA0GRAYEE LIABI.I F PEI (AND ITS
DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES) TO CLIENT AND THIRD PARTIES GRANTED RES)MCE IS LIMITED
TO THE GREATER OF $50,000 OR PEPS FEE FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, T1RTXPENftS—
(INCLUDING ATTORNEYAND EXPERT FEES) ARISING OUT OF PEPS SERVICES OR THIS AGREEMENT. THIS LIMITATION
SHALL APPLY REGARDLESS OF AVAILABLE PROFESSIONAL LIABILITY INSURANCE COVERAGE, CAUSE OR THE
THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY, OR OTHER RECOVERY; PROVIDED, HOWEVER, THAT
THIS LIMITATION SHALL NOT APPLY TO THE EXTENT OF ANY AVAILABLE COVERAGE UNDER PEI'S COMMERCIAL
GENERAL LIABILITY POLICY.
1.16 Consequential Damages.
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS
OF PROFITS OR REVENUE, LOSS OF USE OR OPPORTUNITY, LOSS OF GOOD WILL, COST OF SUBSTITUTE FACILITIES,
GOODS, OR SERVICES, COST OF CAPITAL, OR FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR
EXEMPLARY DAMAGES.
1.17 Regulatory Reporting Requirements
Client recognizes that hazardous substances or contaminates may be discovered at the subject property in the course of provision of the Services by
PEI under conditions that may be reportable to Federal or State environmental regulatory agencies. The "duty to report" is ultimately the
responsibility of the landowner unless the condition represents an acute threat to human health or the environment. PEI will notify the Client of any
such reportable condition. The Client will notify the Landowner, or under mutual agreement, authorize PEI to perform such notification to the
landowner.
Section 2 — MISCELLANEOUS PROVISIONS
2.1 Notices:
All notices under this Agreement shall be in writing. It shall be sufficient in all respects if the Notice is delivered by hand, seat by any electronic
means, including email or facsimile transmission, with confirmation ("Transmission during normal business hours, or sent by registered mail,
postage prepaid, addressed to the Parties shown on the Engagement Letter or to such other address as either Party shall designate by written notice to
the other Party. Any notice so given shall be deemed to have been given and to have been received on the day of delivery, if so delivered, on the third
Business Day (excluding each day during which there exists any interruption of postal services due to strike, lockout or other cause) following the
mailing thereof, if so mailed, and on the day that notice was sent by Transmission, provided such day is a Business Day (a Business Day being any
day of the week save and except for Saturday and Sunday) and if not, on the first Business Day thereafter.
2.2 Entire Agreement, Modifications, Headings, Severability:
The Parties acknowledge that this Agreement and the Engagement Letter constitutes the entire agreement between them and supersedes all prior
representations, warranties, agreements, and understandings, oral or written, between the Parties with respect to its subject matter. Unless stated
otherwise in this Agreement, this Agreement may not be modified except in writing signed by both Parties. The headings to this Agreement are for
convenience and reference purposes only and shall not constitute a part of the Agreement. If any element of this Agreement is later held to violate
the law or a regulation, it shall be deemed void, and all remaining provisions shall continue in force.
2.3 Effect:
This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns provided that it may
not be assigned by either Party without the consent of the other, which consent shall not be unreasonably withheld.
2.4 Survival:
All representations and obligations (including without limitation the mutual obligations of indemnification) shall survive the termination of this
Agreement and expire five (5) years from the date of completion of Services.
2.5 Waiver of Rights:
Any waiver of, or consent to depart from, the requirements of any provision of this Agreement shall be effective only if made in writing and signed
by the Party granting such waiver or consent, and is valid only in the specific instance and for the specific purpose for which it has been granted. No
failure on the part of any Party to exercise, and no delay in exercising, any right under this Agreement shall operate as a waiver of such right. No
single or partial exercise of any such right shall preclude any other or further exercise of such right or the exercise of any other right.
2.6 Applicable Law:
This Agreement shall be governed by, and interpreted and enforced in accordance with, the laws in the State of Texas and the laws of The United
States of America, as applicable.
2.7 Dispute Resolution:
Excepting Section 1.11 for the purpose of this Agreement, any disagreement arising between the Parties to this Agreement with reference to the
interpretation of this Agreement or any matter arising hereunder and upon which the Parties cannot agree shall be referred to mediation. Reference to
mediation shall be to a single mediator and in accordance with the laws of mediation in the State of Texas. The costs of the mediator shall be shared
equally by the Parties on an interim basis as may be necessary provided however that the mediator shall have the discretion to award costs of the
proceeding, including costs of the mediator. The venue for such mediation is agreed to be Hams County, Texas
2.8 Contract Documents:
The Contract Documents consist of the documents listed. If there is a conflict with the Contract Documents, the conflicting terms will be governed in
the order of priority set forth as follows: I. Agreement 2. Engagement Letter
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S:\City Planning Share\ALPHA-1\01-INSPECTIONS DIVISION\Inspections\Received Log Over The Counter New
Limited Asbestos Inspection
Former Whataburger
117 Highway 146 South
La Porte, Harris County, Texas 77571
April 23, 2021
PEI Project No.: 202104113
Prepared for:
Fox & Graham
8582 Katy Freeway, Suite 240
Houston, Texas 77024
Prepared by:
Phase Engineering, Inc.
5524 Cornish Street
Houston, Texas 77007
Re 91VED
APR 2 7 2021
BY: -
CITY
CONY
„'IPHASE ENGINEERING,INC.
ENVIRONMENTAL CONSULTANTS■■
Phase I and Phase 11 ESAs • Asbestos • Mold • Lead • Stormwater Compliance • Wetlands • PCAs • NEPA
ECEIVt►v
Fox &Graham CITY 2 7 2021
Go Kyle Fox APR
8582 Katy Freeway, Suite 240 COPY
Houston, Texas 77024
Phone: 281-7324814 Email: kyle@foxgraham.com
RE: 202104113
Dear Mr. Kyle Fox:
Phase Engineering, Inc. (Texas Department of State Health Services [TDSHS) license #10-0224) has
conducted an asbestos inspection for demolition purposes of the building materials in the Former
Whataburger building located at 117 Highway 146 South, La Porte, Harris County, Texas 77571.
PROJECT SUMMARY
'Slte Elements .
Commen4s
Subject Property Address
117 Highway 146 South, La Porte, Harris County, Texas 77571
Location Contact
Kyle Fox, 281-7324814 (Owner's Rep.)
Date of Inspection
April 22, 2021
Building Plans / Prior
Prior PEI inspection 201711073 (attached)
Inspection Reports
Known Areas Not Available
None
for Access
Inspector Name(s)
Matt White
Inspector License #
TDSHS Asbestos Consultant License 105849
Company License #
TDSHS Asbestos Consultant Firm #10-0224
Number of Samples Collected
5
Number of Samples Analyzed
5
Number of samples
0
containing or assumed to
contain more than 1 %
asbestos via Polarized Light
Microscopy (PLM)
Number of samples
0
containing or assumed to
contain more than 1 %
asbestos that were analyzed
by Point Counting
Number of samples
0
containing asbestos but less
than 1% via Point Count
analysis
Number of samples
0
containing more than 1%
asbestos
Laboratory Conducting Analysis and Method: Micro Analytical Services. (TDSHS License Number
30-0304), Methods - Polarized Light Microscopy with Dispersion Staining EPA Test Method 600/
M4-82-020; (40CFR Part 763 Appendix E to Subpart E) & EPA 600/R-93/116.
Phase Engineering, Inc.202104113 1
Under EPA 600/R-93/116; Interim 40CFR Part 763 Appendix E to
layers for point counting in the individual components are proporti
2021 I
i to separate L�
BY: - -
The potential Asbestos Containing Building Material (ACBM) samples collected, their descriptions, and
their locations are summarized in the following table. ACBMs that tested positive over 1 % for asbestos are
shaded in yellow. Material that tested positive over 1 % for asbestos via PLM, but tested to be 1 % or less
via Point Count analysis are shaded in blue.
Sample
Number
Sample Description
Unit / Location
Percent Asbestos
01
Roof mastic
Exterior TPO roof
None
02
Roofing materials
Exterior TPO roof
None
03
Exterior caulking
Exterior surfaces
None
04
Concrete
Exterior
None
05
Wall plaster
Exterior building surfaces
None
See lab results. sample photographs, sample location maps, licenses and certifications and
scope of work in the appendices of this report.
Site Specific Details:
The inspection performed by Phase Engineering, Inc. was a suspect asbestos containing building materials
(ACBMs) inspection for demolition purposes of the building materials in the Former Whataburger
building located at 117 Highway 146 South, La Porte, Harris County, Texas 77571 following the Texas
Asbestos Health Protection Rules (TAHPR) and the National Emission Standards for Hazardous Air
Pollutants (Title 40 CFR, Part 61) for any exterior samples required. This inspection is not intended to
comply with AHERA 40 CFR 763.
Site Specific Details
Item Description
The inspector was provided no historical documentation of original construction or renovations of the
building. No previous asbestos inspection reports or abatement reports were provided to the inspector.
The sampling protocol followed for this inspection was intended for demolition purposes of the building
materials in the Former Whataburger building located at 117 Highway 146 South, La Porte, Harris
County, Texas 77571.
Inspection is in conjunction with the previous asbestos report PEI project 201711073 that was for
renovation of the interior.
The exterior of the building consisted of roof mastic, roofing materials, caulking, concrete and plaster
walls.
Any other suspect material found during renovation that was not sampled during this inspection is to be
considered ACBM until tested.
Roof materials were sampled as part of this inspection.
Areas behind walls and above ceilings were observed for suspect ACBMs where possible. Phase
Engineering, Inc. does not warrant that all suspect ACBMs above ceilings, under flooring, and behind
walls have been identified.
The specific square footage of each homogeneous suspect ACBM area is not included as a part of this
limited asbestos inspection.
Phase Engineering, Inc. 202104113
E/� pCDt9i v c Lik`
Although Phase Engineering, Inc. uses trained and licensed in pting to to a alltl itle�5tit 2021 r
materials potentially containing asbestos, Phase Engineering s t warrant t a all materials
containing asbestos have been identified. It is possible that there are materials containinAY&P- fnc that
were not found because they were not visible or accessible to the inspector, or for various other reasons,
were not sampled. Moreover, it is possible that the actual quantities of materials will differ from the
quantities of materials estimated during this survey.
Samples taken are categorized as either friable or non -friable. The tens friable refers to the ease with
which the material can be crumbled or made to produce dust using hand pressure alone. For example,
ceiling tiles are generally considered friable, while floor tiles are generally considered non -friable. Sheet
rock wall materials are considered friable when damaged and non -friable when intact. The condition of the
materials sampled is also categorized as good, damaged or significantly damaged.
A construction material is considered to be an ACBM if it is composed of more than 1% asbestiform
components.
Findings:
The results found during the asbestos inspection indicate that the following suspect ACBM(s) contain more
than 1% asbestos. The material found to be an ACBM is summarized in the following table:
Friable /
Asbestos % and
Type of Material
Approximate Location of ACBM
Non -Friable
Type_
- Condition
None
No other suspect ACBMs analyzed were found to contain more than 1% asbestos in the Former
Whataburger building located at 117 Highway 146 South, La Porte, Harris County, Texas 77571.
Recommendations:
If the buildings are to be demolished or renovated it is recommended that any other ACBMs or assumed
ACBMs that will be disturbed be removed by a licensed abatement contractor and if applicable, a licensed
asbestos consultant. The TDSHS Demolition/Renovation Notification form combines the requirements
of the National Emission Standards for Hazardous Air Pollutants, 40 CFR, Subpart M (NESHAP) and
the Texas Asbestos Health Protection Rules (TAHPR). Both of these regulations require that written
notification be submitted before beginning renovation projects that include the disturbance of any
asbestos -containing material in a facility. A notification form is required before the demolition of a building
or facility, even when no asbestos is present. This form must be used to fulfill either of these requirements.
Please call either 512-834-6610 or 1-800-572-5548 (within Texas), or your local regional office for
assistance in completing this form.
If any ACBM is left in place the TDSHS may require an asbestos Management Plan in accordance
with the TAHPR, section 295.34 (h). In the event that maintenance and repair are necessary, it is
required by OSHA that anyone in contact with the disruption of these ACBMs be notified through an
on -site, up-to-date asbestos Management Plan. This Management Plan should be developed to include
emergency procedures for handling leaks, breaks, fire, etc. to ensure minimal release of asbestos fibers
into the air. This plan should also ensure that when asbestos fibers are released, either accidentally or
intentionally, proper control and cleanup procedures are implemented.
Phase Engineering, Inc. 202104113 3
CITY I CVt_i`v L:
1 2021 I
During renovation or demolition activities, care should be ci in alinJ
g with II construction III
materials even those shown to be non -asbestos containing (this would include materiWl tact aicaUy-----
considered as non -asbestos containing because they are below the one percent limit). If these
non -asbestos materials are to be disturbed work practices should be used that will limit exposure to dust
and debris. Contractors performing this work should conform to OSHA regulations outlined in 29 CFR
1926.55 (exposure limits can be found in 29 CFR 1910.1000 Table Z-3).
The Texas Asbestos Health Protection Rules (TAHPR) dated March 2003, §295.34 (c) (1) state "During the
construction of or renovation in a public building, a person appropriately licensed in accordance with these
rules, Texas -registered architect or Texas -licensed professional engineer may compile the information
from material safety data sheets (MSDS) of all products used in the construction of the building and,
finding no asbestos in any of those products, prepare a signed written certification that he has reviewed
the MSDSs for all products used in the construction and that none of those products contain ACBM and:
therefore, the building material do not contain asbestos. This certification, together with copies of the
MSDSs and copies of any previous asbestos surveys, may be used as an asbestos survey."
Further TAHPR §295.34 (i) states that "A person may not install building materials or replacement parts as
stated in subsection 6) of this section, in a public building unless: (1) the person obtains a required MSDS
showing that the materials or replacement parts contain 1.0% or less of asbestos; or (2) the materials or
replacement parts, according to the MSDS, contain more than 1.0% asbestos but there is no alternative
material or part as demonstrated by the building owner or contractor." In the event of future renovation
and or demolition, further sampling may be required of suspect asbestos containing materials prior to
these activities to satisfy the Environmental Protection Agency (EPA), Occupational Safety and Health
Administration (OSHA), and Texas Department of State Health Services (TDSHS) rules and regulations
at that time. If suspect asbestos containing building materials (not noted during this inspection) should be
found during any renovation or demolition, these materials should be sampled for asbestos and handled
appropriately following all local, state and federal rules and regulations at that time.
If improper renovation or demolition occurs the owner is subject to a $10,000 a day fine, enforced by the
Texas Department of State Health Services (TDSHS).
Thank you for the opportunity to work with you on your environmental needs. If you have any questions,
feel free to contact us at (832)-485-2241 or 1-800-419-8881.
Sincerely,
v
Matt White
Asbestos Consultant
TDSHS License #105849
Phase Engineering, Inc. 202104113
CITY
COPY
APPENDIX I
ECEIVED
APR 2 7 2021
BY:
PHOTOGRAPHIC DOCUMENTATION
Phase Engineering, Inc. 202104113
CITY EGEIVED
1. Building view
2. Roof TPO
PY ii
APR 21 2021
BY:
Phase Engineering, Inc. 202104113
3. Roof mastic
4. Roofing materials
ECEIVED
APR 2 7 2021
BY:
CITY
COPY
Phase Engineering, Inc.202104113
5. Lxlcrior ceulklny
6. Exterior concrete
iECEIVED
l APR 2 7 2021
BY:
CITY
COPY
Phase Engineering, Inc.202104113
7. Exteri:
m
ECEIVED
APR 2 7 2021
BY:
CITY
COPY
Phase Engineering, Inc. 202104113
APPENDIX II
LABORATORY RESULTS
ECEIVED
APR 2 7 2021
BY:
CITY
COPY
C.�
Phase Engineering, Inc. 202104113
' CITY ECEIVED
Copy APR 17 2021
9w BY:
ytiea[Serviees, Inc. 11301 KichnttndI Avc. Suitc KI00B#Hmtun#Tcsm 770820honc (281)4974500#1:ae(281) 4974317
Asbestos Bulk Sample Chain of!Custody
Coma
Phase Engineering, Inc.
Contact:
Project Name:
Addres
: 5524 Cornish Street
Bill to: Mr:.
James Dismukes
S.Hwc
j :
Project #:
City:
ouston
Email:
I I
i0,--111
State/Zip:
Texas 77007
MattW ll�aseEn
ineerin .com
PO #:
Phone:
713 476-9844
1 1
Fax: 7
3 476-9797
Date Collected:
> 1 11
MAS Project #: b
%p
CITY ECEIVED
(� COPY APR 2 7 2021
AIL S BY:
Wicro 4 nalytieal Serviees, Inc. 11301 Richmond Ave. Ste.K 100B*Houston#Tx 77082#Phone(281)1974500+Fax(281)1974517
NVLAP Lab Code: 200618-0
TDSHS License No. 30-0341
PLM BULK ASBESTOS ANALYSIS REPORT
CLIENT: Phase Engineering, Inc.
MAS JOB NO.: 16066-00
PROJECT: 117 S. Hwy 146 La Porte REPORT DATE: April 23, 2021
IDENTIFICATION: Asbestos, Bulk Sample Analysis, Quantitation by Visual Area Estimation
TEST METHOD: Polarized Light Microscopy with Dispersion Staining
EPA Test Method 600/M4-82-020; (40CFR Part 763 Appendix E to Subpart E) &
EPA 600/R-93/116
STATEMENT OF LABORATORY ACCREDITATION
These samples were analyzed at Micro Analytical Services, Inc. in the Asbestos Laboratory at 11301 Richmond Ave. Suite
K 100B, Houston, Texas, 77082. The Laboratory holds accreditation from the National Institute of Standards and
Technology under the National Voluntary Laboratory Accreditation Program (NVLAP). This laboratory is also licensed
and authorized to perform as an Asbestos Laboratory in the State of Texas within the purview of Texas Civil Statutes,
Article 4477-3a, as amended, so long as this license is not suspended or revoked and is renewed according to the rules
adopted by the Texas Board of Health.
The samples were analyzed in general accordance with the procedures outlined in the Method for the Determination of
Asbestos in Bulk Building Materials, EPA/600/M4-82-020; (40CFR Part 763 Appendix E to Subpart E) & EPA 600/R-
93/116 or the U.S. Environmental Protection Agency method, under AHERA, for the analysis of asbestos in building
materials by polarized light microscopy. The results of each bulk sample relate only to the material tested as submitted
to the laboratory and the results shall not bye used to claim product endorsement by NVLAP or any agency of the U.S.
Government.
Specific questions concerning bulk sample results shall be directed to the Asbestos Bulk Laboratory at Micro Analytical
Services, Inc.
Analyst: Tony T. Dang
Approved Signatory:~
CITY ECEIVED
Copy APR 2 7 2021
AIL ,S BY: __
911ier0Ana1ytiea(ServieeS, Inc. 11301 Richmond Ave. Ste, Kl00B+Houston#Texas 77082#Phone(281)497-4500+Fox(281)497-4517
Phase Engineering, Inc.
5524 Cornish St.
Houston, Texas 77007
Polarized Light Microscopy Analysis
Proiect Name: 117 S. Hwv 146 La Porte
MAS Project #: 16066-00
Date Received: 04/22/2021
Date Analyzed: 04/23/2021
Field ID/ Layer # Sample Description Asbestos Asbestos Non -Asbestos
Lab ID Detected? Constituents Constituents
(Yes/No) (%) N
01B I White fibrous roofing material No 20% Synthetic
MAS487089 80% Other
01B 2
Clear yellow non -fibrous No
100% Mastic
MAS487089
mastic
01B 3
Black fibrous paper No
100% Cellulose
MAS487089
01B 4
Yellow non -fibrous foam No
100% Foam
MAS487089
02B 1
White fibrous roofing material No
100% Other
MAS487090
02B 2
Black fibrous roofing mastic No
20% Cellulose
MAS487090
80% Mastic
03B 1
Black non -fibrous caulking No
100% Other
MAS487091
03B 2
White non -fibrous foam No
100% Foam
MAS487091
04B I
Grey non -fibrous concrete No
80% Aggregate
MAS487092
20% Other
05B 1
Beige non -fibrous plaster No
70% Aggregate
MAS487093
30% Other
Samples have been analyzed by the EPA Interim Method 600/M4-82-020(40CFR Part 763 Appendix E to Subpart E) & EPA 600/R-93/116.
The test results herein relate
only to the sample submitted and analyzed. This report may only be reproduced in full with the approval of the Bulk Asbestos Laboratory of Micro Analytical Services
(MAS). The above percentages are visual
estimates of area percent. MAS is not responsible for any mom resulting from improper or incorrect sampling or shipping
procedures. These samples will be retained for a period of 30 days. Accreditation by NVLAP in no way constitutes or implies product certification,
approval, or
endorsement by NIST. Some materials, especially floor tiles, contain asbestos fibers too thin to be detected by this method.
NVLAP Lab Code: 200618 TDSHS
License: 30-0341
Analyzed by: Tony Dang
Approved NVLAP Signatory: Tony Dang
Page I of 1
CITY
COPY
APPENDIX III
LICENSES AND CERTIFICATIONS
iiECEIVED
APR 2 7 2021
BY:
Phase Engineering, Inc. 202104113
CITY ECEIVED
opy
j APR 2 7 2021
Texas Department of State Health Services
PHASE ENGINEERING INC
-is cezzs�ged to perform as an
Asbestos Consultant Agency
is the State of Texas and is hereby -governed by the tights, privileges aad responsibilities set forth in Texas
Occupations Code, L3aprer1954aod Tide 1? TexasAdmm trative Code, Chapter295re12tingto Texas
Asbestos Health protectioq as long as thishcease is not suspended or revoked
�! ✓ =- ® �- �c m _ . _�� Sit � � YCWWY
License Number-100224 ( '
S �• j` Re
t F ,
e •.
Control Namber. 97247 S�, ', �t sd it
a%,`.,VOID IF tS�.TERED NON-'�1.'RAeYSE
's 1 ' n7a0
1212612021
Afe-,Fxpimdon Date
SEE BACK
Texas
MICRO
CITY
COPY
tm nt of State Health Services
V !YTICAL SERVICES INC
is cm Tied to petfonn as an
Asb � stos Laboratory
10CM. PLM
in the State ofTemr and is herebygov
Occupations Code, Chapter 1954 and
Asbestos Health Protecdi
Con Number 96421
VOID IF AL
ECEIVED _.
APR 2 7 2021
BY: --
d by the tight privileges and nuponsrbdides set forth in Terns
17 Tens AdministradveCods Chapter295reh>oTexas
s long as this G'cense is not suspended or revoked.
Dace 0112512022
SEE BACK
CITY
COPY
* Please contact this office Immediately If any Information on this license is
Incorrect.
* No license or registration may be sold, assigned, or transferred. Any certificates
which have been altered may be revoked.
Llc # 300341
MICRO ANALYTICAL SERVICES INC
11301 RICHMOND AVE STE K100B
HOUSTON TX 77082
* If you have any questions or desire additional Information concerning the application
process or this license, please contact the Environmental and Sanitation Business
Filing and Verification Unit at (512) 834-6600. In order to serve you better, DSHS
would like you to complete the short online survey
https://www.surveymonkey.com/r/RLUsurvey. The Information you provide will assist
DSHS In its efforts to continually Improve and become more responsive to the needs
of Its customers. Thank you In advance.
ECEIVED
APR 21 2021
BY:
CITY
COPY
L-1*:, I Texas Department of
State Health Services
Asbestos Individual Consultant
MATTHEW T WHITE
Llar Ho. 105849
Control Ho. 97813
Expiration Dab: 274Doc-2022
r ,
I
0
ECEIVED
APR 21 2021
BY:
CITY
COPY
APPENDIX IV
LETTER OF ENGAGEMENT
ECEIVED
APR 2 7 2021
BY:
Phase Engineering, Inc. 202104113
;LI
AGREEMENT FOR PROFESSIONAL ENVIRONMENTAL (p°per°,�.'dPQS��RVICESAPR 2 7 20
` [,hi
Section 1— General Terms and Conditions BY;
1.1 Definitions --'
"Agreement" means this Agreement for Professional Environmental Consulting Services.
"1arff" (or collectively, `Parties') means PEI and Client, unless expressly stated otherwise in this Agreement.
"PEI" means Phase Engineering, Inc.
"Engagement Letter' the instrument delivered by PEI to the Parties
"Services" has the meaning set forth in Section 1.2 below.
Any capitalized terms not otherwise defined in this Agreement have the meanings given to them under the Engagement Letter.
1.2 Services
The professional environmental consulting services to be provided by PEI for the Client are set forth in the Engagement Letter, and such services,
including subsequent services, changed, altered or additional services are hereinafter called the "Services".
1.3 Standard of Care
PEI shall perform the services under this agreement with that degree of care, skill and diligence generally accepted as typical of the industry in the
performance of such services as contemplated by the Agreement at the time and location such services are rendered. PEI shall employ only
competent staff and sub -contractors who will be under the supervision of a senior member of PEI's staff.
1A Rights of Entry, Site Information and Utilities
The Client shall provide right of entry for PEI and its subcontractors to carry out the Services, unless specified otherwise in the Engagement Letter.
The Client warrants that it has furnished to PEI all information known to, or in possession or control of the Client relating to the past and existing
conditions of the site, including but not limited to soil and geologic data, contaminants, wastes, petroleum products, controlled substances, hazardous
materials, and subsurface utilities. The Client shall extend use and reliance of this information to PEI, unless stated otherwise and to the extent
permitted by law. Such information shall be and remain confidential as between the Client and PEI and PEI shall not disclose same to any third parry
unless required by law.
1.5 Safety
1.5.1 PEI maintains a General Health and Safety Plan, a copy of which will be provided to the Client on written request and will fall under Section
1.8 Subsequent Changes of this Agreement unless this service is included in the Engagement Letter.
1.52 PEI shall take every precaution reasonable in the circumstances for the protection of the workers providing any of the Services. when
required and prior to any field work being carried out, PEI shall provide the Client with a comprehensive site -specific safety plan for
providing the Services. Such request must be made in writing by the Client prior to commencement of the Services by PEI and will fall under
Section 1.9 Subsequent Changes of this Agreement unless included in the Engagement Letter.
1.6 Investigations and Reports
1.6.1 Findings: The findings of any investigation undertaken as part of the Services will be based upon information generated as a result of the
specific scope of the Services as described in the Engagement Letter.
1.6.2 Restoration: The Client accepts that in the normal course of the Services some damage to existing ground or other surface finishes may
occur, the restoration of which shall be the responsibility of the client or as specified in the Engagement Letter.
1.6.3 Investigations: The parties acknowledge and accept that unique risks exist whenever engineering or related disciplines are applied to identify
environmental conditions and even a comprehensive sampling and testing program may fail to detect certain conditions. Because of the
inherent uncertainties in environmental evaluations, changed or unanticipated conditions may occur or become known subsequent to PEI's
investigation that could affect conclusions, recommendations, total Project cost and/or execution. Changes in conditions are subject to
amendments to the Scope of Services.
1.6.4 Confidentiality and Reliance: Any Final Report or draft reports and the information contained therein shall be treated as confidential and,
unless otherwise agreed to by PEI and the Client, the information, sampling data, analysis, findings, conclusions and recommendations (if
any), may be used and relied upon only by the Client, its officers, directors and employees and professional advisors in the performance of
their obligations for or on behalf of the Client. Any such use and reliance shall be subject to the limitations set forth in this agreement rn
addition, the Client may submit any report to a regulatory authority or lender for the purpose of obtaining financing on a property.
1.6.5 Third Party Reliance: This Agreement and the Services provided are for Consultant and Client's sole benefit and exclusive use with no third
parry beneficiaries intended. Reliance upon the Services and any work product is limited to Client, and is not intended for third parties. In
the event PEI agrees, in its sole and absolute discretion, to make the Report available to a third party not mentioned in Paragraph 1.6.4, the
Third Parry shall be required to obtain the original Clients release, sign PEI's standard Authorized User Agreement (AUA) and pay PEI a fee
of not less than $350.00. Any such use shall be subject to the terms, conditions and limitations set forth in this Agreement, the Report and the
AUA.
1.7 Ownership of Records/Reports:
All documents or records created or prepared by PEI in the performance of the Services are considered PEI's professional work product and shall
remain the copyright property of PEI, subject to any reasonable disclosure request from the Client as may be necessary and for which reasonable
reimbursement for copies is provided.
1.8 Disposal and Samples
1.8.1 Disposal of all wastes generated from the subject property shall be the responsibility of the Client.
1.8.2 PEI shall be responsible for appropriate disposal of sample material and sample residuals after 30 days following submission of the Final
Report unless the Client specifically requests otherwise.
CITY ECEIVEU
COPY APR 2 7 1021
1.9 Subsequent Changes BY:
With the consent of PEI, the Client may in writing at any time after the execution of this Agreement or the commencement of a ernces e e e, --
extend, increase, vary or otherwise alter the Services. The Parties further agree that such changes shall alter the Services, schedule and/or the costs.
Any such changes shall be made in writing with reference to this Agreement, and accepted in writing by both Parties.
1.10 Delays
Neither. Party shall be liable or penalized for delays or failure to perform its Services if the same is caused directly or indirectly by circumstances
beyond a Party's reasonable control. The Client shall not hold PEI responsible for damages or delays in performance caused by the Client, acts of
God, acts and/or omissions of govemmental authorities and regulatory agencies or other events which are beyond the reasonable control of the
Parties.
1.11 Payment
1.11.1 The PEI shall invoice the Client in accordance with the provisions set forth in the Engagement Letter. Except as stated in the Engagement
Letter, the Client shall pay to PEI at its corporate office each invoice within 30 days of the date of the invoice without holdback. Interest at a
rate of 1.5%per month or the maximum rate allowed by law, whichever is lower, may be charged on all overdue amounts.
1.11.2 In the event of a disputed billing, only the disputed portion will be withheld from payment, and the undisputed portion will be paid. The
Client shall exercise reasonableness in disputing any bill or portion thereof. No interest will accrue on any disputed portion of the billing until
mutually resolved.
1.11.3 If the Client fails to make payment of any sum due hereunder within a reasonable time period, Client acknowledges and agrees that the
subject Invoice will be referred to legal collections, and any amount in aggregate less than Ten Thousand Dollars U.S. ($10,000) will be
referred to small claims court in Harris County, Texas.
1.12 Suspension or Termination
The Client may at any time by notice in writing to PEI, suspend or terminate the Services or any portion thereof at any stage of the Project. Upon
receipt of such written notice by the Client, PEI shall perform no further Services other than those reasonably necessary to close out its Services. In
such an event, PEI shall invoice the Client for the portion of the Services completed and shall be entitled to payment in accordance with Section 1.9.
Once the Services are completed the Client assumes the risk of Frustration of Purpose.
1.13 Insurance 1
1.13.1 PEI agrees to carry and maintain the following minimum insurance coverages for the term of this Agreement
Worker's Compensation Insurance: Statutory requirement amounts
Commercial General Liability: $1,000,000 per occurrence
Automobile Liability Insurance: $1,000,000 per occurrence for both owned and non -owned vehicles
Professional Liability and Contractors Professional Insurance: $1,000,000 per occurrence
I.13.2 PEI's current Certificate of Insurance is provided with the Engagement Letter. If the Client requests to be a named as a certificate holder,
this request most be made in writing to PEI prior to commencement of the Services.
1.13.3 PEI will renew the Professional Liability Insurance at or above the minimum coverage for period of two (2) years after completion of the
Services.
1.13.4 If the Client requests that PEI increase the amount of insurance coverage or obtain other special insurance for the Project, PEI shall
endeavor forthwith to obtain such increased or special insurance at the Client's expense.
1.13.5 Each of PEI and Client waive all claims, losses, damages and rights of recovery against the other to extent of the limits of coverage under
any commercial general liability or property insurance policy actually obtained by a Party to this Agreement (or, in the case of PEI, to the
extent obtained or required to be obtained by PEI under this Agreement). In addition, each Party shall exercise commercially reasonable
efforts to cause to waive subrogation under its commercial general liability and property insurance policies and provide any necessary
endorsements thereto.
1.14 Indemnity/Statute of Limitations.
EACH OF PEI AND CLIENT SHALL INDEMNIFY AND HOLD HARMLESS THE OTHER AND THEIR RESPECTIVE AGENTS,
EMPLOYEES, SUCCESSORS AND ASSIGNS FROM AND AGAINST LEGAL LIABILITY FOR CLAIMS, LOSSES, DAMAGES, AND
EXPENSES TO THE EXTENT SUCH CLAIMS, LOSSES, DAMAGES, OR EXPENSES ARE LEGALLY DETERMINED TO BE
CAUSED BY THEIR NEGLIGENT ACTS, ERRORS, OR OMISSIONS. IN THE EVENT SUCH CLAIMS, LOSSES, DAMAGES, OR
EXPENSES ARE LEGALLY DETERMINED TO BE CAUSED BY THE JOINT OR CONCURRENT NEGLIGENCE OF PEI AND
CLIENT, THEPARTIESSHALL BEAR LIABILITY IN PROPORTION TO ITS OWN NEGLIGENCE UNDER COMPARATIVE
FAULT PRINCIPLES. NEITHER PARTY SHALL HAVE A DUTY TO DEFEND THE OTHER PARTY, AND NO DUTY TO DEFEND
IS HEREBY CREATED BY THIS INDEMNITY PROVISION AND SUCH DUTY IS EXPLICITLY WAIVED UNDER THIS
AGREEMENT. CAUSES OF ACTION ARISING OUT OF PEPS SERVICES OR THIS AGREEMENT, REGARDLESS OF CAUSE OR
THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY OR OTHER RECOVERY, SHALL BE DEEMED TO
HAVE ACCRUED AND THE APPLICABLE STATUTE OF LIMITATIONS SHALL COMMENCE TO RUN NO LATER THAN THE
DATE OF PEPS SUBSTANTIAL COMPLETION OF SERVICES ON THE PROJECT.
1.15 Limitation of Liability.
1.15.1 Notwithstanding any other provisions contained herein, it is understood and agreed that PEI's liability to the Client for all claims arising out
of this Agreement, or in any cony relating to the Services, will be limited to direct damages and/or to the specific performance of any Services
not meeting the Standard of Care set forth herein and such liability will, in the aggregate, not exceed the sum of the coverages shown on PEI's
Certificate of Insurance in effect at the time of the claim.
1.15.2 No claim may be brought against PEI more than Two (2) years after the Services were completed under this Agreement, or as negotiated
between PEI and the Client
CITY I ECEIVED s
COPY APR 2 7 2021
1,15.3. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABLL F PEI (AND ITS
DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES) TO CLIENT AND THIRD PARTIES GRANTED RE7�Q�`pPCE IS LDVUTED
TO THE GREATER OF $50,000 OR PEPS FEE FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSES, 6R EXTLpm F's
(INCLUDING ATTORNEYAND EXPERT FEES) ARISING OUT OF PEPS SERVICES OR THIS AGREEMENT. THIS LDIgATION
SHALL APPLY REGARDLESS OF AVAILABLE PROFESSIONAL LIABILITY INSURANCE COVERAGE, CAUSE OR THE
THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY, OR OTHER RECOVERY; PROVIDED, HOWEVER, THAT
THIS LIMITATION SHALL NOT APPLY TO THE EXTENT OF ANY AVAILABLE COVERAGE UNDER PEPS COMMERCIAL
GENERAL LIABILITY POLICY.
1.16 Consequential Damages.
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, NEITHER PARTY SHALL BE LIABLE TO TIM OTHER FOR LOSS
OF PROFITS OR REVENUE, LOSS OF USE OR OPPORTUNITY, LOSS OF GOOD WILL, COST OF SUBSTITUTE FACILITIES,
GOODS, OR SERVICES, COST OF CAPITAL, OR FOR ANY SPECIAL, CONSEQUENTIAL, 1NDH2ECT, PUNITIVE, OR
EXEMPLARY DAMAGES.
1.17 Regulatory Reporting Requirements
Client recognizes that hazardous substances or contaminates may be discovered at the subject property in the course of provision of the Services by
PEI under conditions that may be reportable to Federal or State environmental regulatory agencies. The "duty to report" is ultimately the
responsibility of the landowner unless the condition represents an acute threat to human health or the environment. PEI will notify the Client of any
such reportable condition. The Client will notify the Landowner, or under mutual agreement, authorize PEI to perform such notification to the
landowner.
Section 2—MISCELLANEOUS PROVISIONS
2.1 Notices:
All notices under this Agreement shall be in writing. It shall be sufficient in all respects if the Notice is delivered by hand, sent by any electronic
means, including email or facsimile transmission, with confirmation ("Transmission") during normal business hours, or sent by registered mail,
postage prepaid, addressed to the Parties shown on the Engagement Letter or to such other address as either Party shall designate by written notice to
the other Party. Any notice so given shall be deemed to have been given and to have been received on the day of delivery, if so delivered, on the third
Business Day (excluding each day during which there exists any interruption of postal services due to strike, lockout or other cause) following the
mailing thereof; if so mailed, and on the day that notice was sent by Transmission, provided such day is a Business Day (a Business Day being any
day of the week save and except for Saturday and Sunday) and if not, on the first Business Day thereafter.
2.2 Entire Agreement, Modifications, Headings, Severability:
The Parties acknowledge that this Agreement and the Engagement Letter constitutes the entire agreement between them and supersedes all prior
representations, warranties, agreements, and understandings, oral or written, between the Parties with respect to its subject matter. Unless stated
otherwise in this Agreement, this Agreement may not be modified except in writing signed by both Parties. The headings to this Agreement are for
convenience and reference purposes only and shall not constitute a part of the Agreement If any element of this Agreement is later held to violate
the law or a regulation, it shall be deemed void, and all remaining provisions shall continue in force.
2.3 Effect:
This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns provided that it may
not be assigned by either Party without the consent of the other, which consent shall not be unreasonably withheld.
2.4 Survival:
All representations and obligations (including without limitation the mutual obligations of indemnification) shall survive the termination of this
Agreement and expire five (5) years from the date of completion of Services.
2.5 Waiver of Rights:
Any waiver of, or consent to depart from, the requirements of any provision of this Agreement shall be effective only if made in writing and signed
by the Party granting such waiver or consent, and is valid only in the specific instance and for the specific purpose for which it has been granted. No
failure on the part of any Party to exercise, and no delay in exercising, any right under this Agreement shall operate as a waiver of such right. No
single or partial exercise of any such right shall preclude any other or further exercise of such right or the exercise of any other right.
2.6 Applicable Law:
This Agreement shall be governed by, and interpreted and enforced in accordance with, the laws in the State of Texas and the laws of The United
States of America, as applicable.
2.7 Dispute Resolution:
Excepting Section 1.11 for the purpose of this Agreement, any disagreement arising between the Parties to this Agreement with reference to the
interpretation of this Agreement or any matter arising hereunder and upon which the Parties cannot agree shall be referred to mediation. Reference to
mediation shall be to a single mediator and in accordance with the laws of mediation in the State of Texas. The costs of the mediator shall be shared
equally by the Parties on an interim basis as may be necessary provided however that the mediator shall have the discretion to award costs of the
proceeding, including costs of the mediator. The venue for such mediation is agreed to be Harris County, Texas
2.8 Contract Documents:
The Contract Documents consist of the documents listed. If there is a conflict with the Contract Documents, the conflicting terms will be governed in
the order of priority set forth as follows: 1. Agreement 2. Engagement Letter
Received Log
Over -the -Counter
Date:
Name:
Phone number:
Address or HCAD#
New
Submittal:
Yes No
Resubmittal
or Revisions:
Yes No
Permit # or
Site Plan #
Disposition
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