The URL can be used to link to this page

Home My WebLink About2004-03-22 Regular Meeting, Public Hearing and Workshop Meeting Minutes MINUTES OF REGULAR MEETING, PUBLIC HEARING AND WORKSHOP MEETING OF THE LA PORTE CITY COUNCIL March 22, 2004 1. CALL TO ORDER The meeting was called to order by Mayor Pro Tern Peter Griffiths at 6:00 p.m. Members of City Council Present: Councilmembers Chuck Engelken, Howard Ebow, Charlie Young, Barry Beasley, Mike Mosteit, Mayor Pro Tern Peter Griffiths and Bruce Meismer Members of Council Absent: Mayor Norman L. Malone Members of City Executive Staff and City Emplovees Present: City Manager Debra Feazelle, Assistant City Manager John Joerns, Assistant City Manager Cynthia Alexander, Assistant City Attorney John Armstrong, Interim Planning Director Nick Finan, City Secretary Martha Gillett, Public Works Director Steve Gillett, Parks and Recreation Director Stephen Barr, Purchasing Manager Susan Kelley, Assistant Fire Chief John Dunham, Assistant City Secretary Sharon Harris, Assistant Finance Director Michael Dolby, Assistant Police Chief Aaron Corrales, Director of Emergency Services Joe Sease, Purchasing Manager Susan Kelley, Warehouse Coordinator Johnny Ryan, Human Resources Specialist Nicole Hatter, Engineering Technician Supervisor Brian Sterling, Judge Denise Mitrano, Human Resources Manager Sherri Davis-Sampson and Assistant to the City Manager Crystal Scott Others Present: Spero Pomonis, Colleen Hicks, Charlie Doug Boyle, Reverend Mary Currie, Fran Strong, Steve Valerius, Dean Snider, Kay Snider, Neal Welch, Jack Oliphant, Sib Carpenter, Tommy Moser, Dottie Kaminski, Bernard Legrand, Tim Bird, Leon Waters, Betty Waters, Hiba Haroon, Myra Gunnini, David Baker, Keith Gray, Roy Myers, Judge Denise Mitrano, Tommy Moser, Kim and Brooke Meismer, La Sadra Hillmon, Sally Legrand, Mona Montgomery, Edgar Montgomery, Peggy Antone, Bruce Compton, Rosa Johnson, Stephanie Moore, Dean Wyman, Heather Dugue, Cara Gray, Amy Lowry, Brittany Headspeth, Heather Meismer, Mallary Zwiercan, Christie Cooksley, Holly McKinley, Ashley Kelly, Sharlene Anchick, Courtney Syzdek, Lelene Everett, Lindsay Duff, Katie Self, Jana Wells, Renee Bartlett, Lawrence McNeal, Abby Stanley and a number of other citizens and students 2. Reverend Mary Currie of Saint James Presbyterian delivered the invocation. 3. Mayor Pro Tern Griffiths led the Pledge of Allegiance. 4. PRESENT A TIONS/PROCLAMA TIONS A. Mayor Pro Tern Griffiths presented Ryan Murray with a Proclamation honoring him for winning the American Bicycle Association's BMX (Bicycle Motor Cross) Grand Nationals in Tulsa, Oklahoma. B. Mayor Pro Tern Griffiths presented Purchasing Manager Susan Kelley with a Proclamation honoring March 2004 as the "Purchasing Month in the City of La Porte". Purchasing Staff members Ginger Shaw and Johnny Ryan were present to receive the award as well. C. Mayor Pro Tern Griffiths presented Municipal Court Judge Denise Mitrano with a Certification of Appreciation for serving seven years of devoted and invaluable service rendered to the City of La Porte. D. Mayor Pro Tern Griffiths presented the Competitive Cheer Squad from La Porte High School with a Proclamation honoring their 151 place in the Contest of Champions National Competition in Orlando, Florida. E. Mayor Pro Tern Griffiths presented a Proclamation honoring the La Porte Youth Advisory Council. F. Mayor Pro Tern Griffiths presented a Proclamation from Congressman Tom Delay honoring the City of La Porte for receiving the "Best Managed Smallest Cities" award. City Council Regular Meeting, Public Hearing and Workshop Meeting - March 22, 2004 - Page 2 G. Assistant Finance Director Michael Dolby presented the 2003 Comprehensive Annual Financial Report. In addition, Christopher Breaux of Null /Lairson Audit Firm provided Council with an overview of the Firm's comments and findings. 5. CONSENT AGENDA A. Council to consider awarding bid to Alliance Wireless Technologies in the amount of$58,119.00 as recommended by Staff. B. Council to consider awarding Standard Security Life Insurance Company for Stop-Loss coverage. C. Council to consider approval of Minutes of the Regular Meeting of the La Porte City Council for March 8, 2004. Motion was made bv Councilmember Mosteit to approve the Consent Agenda as presented. Second by Councilmember Ebow. The motion carried. Ayes: Engelken, Beasley, Griffiths, Mosteit, Young, Ebow and Meismer Nays: None Abstain: None 6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL ON ANY ITEM POSTED ON THE AGENDA Bill Fennell- 5210 Glen Park, La Porte, Texas 77571 - Mr. Fennell reminded City Council he addressed this matter at the January 12,2004 City Council Meeting. He informed Council the fence next to the Glen Meadows Subdivision is still leaning and about to fall down. He reminded Council that a previous staff member had sent the Association a letter stating the City was partially responsible for the fence. In addition, he noted a staff member also was looking at the fence two years ago and informed them at the time not to worry about the fence because it would be repaired. Mr. Fennell wants the fence to be fixed soon and is deeply concerned about the situation. Dean Snider - 202 Bay Colony Dr. - La Porte, Texas 77571 - Mr. Snider addressed Council, informing them he was speaking on behalf of the Old 146 Committee at the request of their leader Mrs. Fran Strong. He noted the Committee opposes the convenience store project located on Wharton Weems. 7. Open Public Hearing - Mayor Pro Tern Griffiths opened the Public Hearing at 6:40 p.m. Council to consider disapproval or other action of the zone change request #R04-00 1. Council to consider overruling or other action of the Commission's recommendation and approve #R04-00 1 Interim Planning Director Nick Finan presented summary and recommendation and answered Council's questions. Public Input - Peggy Antone advised City Council she opposed the project. Planning and Zoning Commission recommends not approving the project. The Public Hearing was closed at 6:52 P.M. 8. Council to consider disapproval or other action of the zone change request #R04-00 1. Council to consider overruling or other action of the Commission's recommendation and approve #R04-00 1. City Council Regular Meeting, Public Hearing and Workshop Meeting - March 22, 2004 - Page 3 Interim Planning Director Nick Finan presented summary and recommendation and answered Council's questions. Assistant City Attorney John Armstrong read: ORDINANCE 1501-JJJ - AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY CHANGING THE ZONING CLASSIFICATION FROM PLANNED UNIT DEVELOPMENT TO GENERAL COMMERCIAL REQUESTED BY MR. JAMES ELMORE ON BEHALF OF THE OWNER OF THIS THREE ACRE TRACT LOCATED AT THE SOUTHEAST CORNER OF WHARTON WEEMS BOULEVARD AND STATE HIGHWAY 146 HEREIN DESCRIBED; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilmember Beasley to not approve Ordinance 1501-JJJ as recommended by the Planning and Zoning Commission. Second by Councilmember Young. The motion carried. Ayes: Engelken, Beasley, Griffiths, Mosteit, Young, Ebow and Meismer Nays: None Abstain: None 9. Council to consider adopting/approving a resolution opposing any School Finance or Tax System Reforms that would negatively affect City Revenues and Economic Development. Assistant Finance Director Michael Dolby presented summary and recommendation and answered Council's questions. Assistant City Attorney John Armstrong read: RESOLUTION 2004-08 - A RESOLUTION OF THE CITY OF LA PORTE, TEXAS, OPPOSING ANY SCHOOL FINANCE OR TAX SYSTEM REFORMS THAT WOULD NEGATIVELY AFFECT CITY REVENUES AND ECONOMIC DEVELOPMENT EFFORTS. Motion was made by Councilmember Meismer to approve Resolution 2004-08 as presented by Mr. Dolby. Second by Councilmember Engelken. The motion carried. Ayes: Mosteit, Ebow, Beasley, Griffiths, Engelken, Young and Meismer Nays: None Abstain: None 10. Council to consider approval or other action of an ordinance authorizing the City Manager to execute a Letter Agreement with Center Point Energy in the amount of $56,500.00 for the relocation of overhead electrical facilities on Canada Road. Public Works Director Steve Gillett presented summary and recommendation and answered Council's questions. Assistant City Attorney John Armstrong read: ORDINANCE 2004-2710 - AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND CENTERPOINT ENERGY, TO PROVIDE RELOCATION OF OVERHEAD ELECTRICAL FACILITIES FOR THE CANADA ROAD PROJECT; APPROPRIATING THE SUM NOT TO EXCEED $56,500.00, TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilmember Meismer to approve Ordinance 2004-2710 as presented by Mr. Gillett. Second by Councilmember Mosteit. The motion carried. City Council Regular Meeting, Public Hearing and Workshop Meeting - March 22, 2004 - Page 4 Ayes: Mosteit, Ebow, Beasley, Griffiths, Young and Meismer Nays: None Abstain: Engelken 11. Council to instruct the Assistant Director of Finance to amend the 2003-04 Adopted Budget for the Community Investment Fund (036) and General Fund (00 I) by $300,000 and appropriate funding (036) for purchase of said property. Assistant Director of Finance Michael Dolby presented summary and recommendation and answered Council's questions. Motion was made by Councilmember Engelken to apl'rove amending the 2003-04 Adopted Budget as presented by Mr. Dolby. Second by Councilmember Beasley. The motion carried. Ayes: Mosteit, Ebow, Beasley, Griffiths, Engelken, Young and Meismer Nays: None Abstain: None 12. Council to consider approval or other action of Ordinance 2004-2711 approving acquisition of bay front property, which will enable the City to pursue economic development/redevelopment opportunities associated with the Bay Front Area and Galveston Bay in accordance with the City's formal planning documents. Assistant City Manager John Joerns presented summary and recommendation and answered Council's questions. Assistant City Attorney John Armstrong read: ORDINANCE 2004-2711 - AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND NEIGHBORHOOD CENTERS, INC., FOR THE PURCHASE OF A 3.6856 ACRE TRACT OF LAND; APPROPRIATING THE SUM NOT TO EXCEED $550,000.00, TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilmember Ebow to approve Ordinance 2004-2711 as presented by Mr. Joerns. Second by Councilmember Engelken. The motion carried. Ayes: Mosteit, Ebow, Beasley, Griffiths, Engelken, Young and Meismer Nays: None Abstain: None 13. Council to consider approval or other action regarding an ordinance approving an addendum to Ordinance 2002-2593 authorizing an agreement between the City of La Porte and the La Porte-Bayshore Chamber of Commerce. City Manager Debra Feazelle presented summary and recommendation and answered Council's questions. Assistant City Attorney John Armstrong read: ORDINANCE 2002-2593-A - AN ORDINANCE AMENDING SECTION II, SUBPARAGRAPH 3, OF AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE LA PORTE-BA YSHORE CHAMBER OF COMMERCE, DATED OCTOBER 1, 2002; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETING LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilmember Beasley to approve Ordinance 2002-2593-A as presented by Mrs. Feazelle. Second by Councilmember Meismer. The motion carried. City Council Regular Meeting, Public Hearing and Workshop Meeting - March 22, 2004 - Page 5 Ayes: Mosteit, Ebow, Beasley, Griffiths, Engelken, Young and Meismer Nays: None Abstain: None 14. The Regular Meeting closed and the Workshop Meeting opened at 7:12 p.m. Engineering Technician Supervisor Brian Sterling provided Staff and Council with a report regarding recent concerns from area residents regarding insufficient street lighting along specific roadways in town. Council directed staff to move forward. The Workshop closed and the Regular Meeting reconvened at 7:22 p.m. 15. Audit Committee Chairman Chuck Engelken provided Staff and Council with a report. Chairman Engelken informed City Council that the item on Proposition 13 and City Council travel had been tabled due to Councilmembers wanting to attend the meeting and not being present. He also noted there was not enough time to discuss all three items in such a short time prior to the City Council Meeting. He further noted the committee received a report from staff and the City's Auditing firm. He noted they made some suggestions on reportable conditions and encouraged City Council to read the report. He advised Council due to the change in the accounting world today, the audit reflected changes not suggested in previous years. 16. ADMINISTRATIVE REPORTS City Manager Debra Feazelle reminded Council and Staff of the Texas Municipal League 14 Spring Meeting on Thursday, April 1, 2004, at the Hilton Houston Westchase and Towers at 6:30 p.m.; Meet the Candidates on Monday, April 5, 2004, at City Hall Council Chambers at 6:30 p.m.; Planning Department's Public Outreach Meeting on Wednesday, April 7, 2004, at 5:30 p.m.; a Reception honoring International Consular Corps of Houston on Monday, April 19, 2004, at San Jacinto Monument from 6:30 p.m. until 8:30 p.m.; and Introduction of Human Resources Manager Sherri Davis-Sampson. She noted the upcoming Sylvan Beach Festival to be held April 24, 2004. In addition, she reminded Council of the Planning Outreach meeting to be held on April 6, 2004. 17. COUNCIL COMMENTS Councilmembers Engelken, Griffiths, Beasley, Ebow, Meismer, Young and Mosteit had comments. 18. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, 551.086, TEXAS GOVERNMENT CODE, (CONSULTATION WITH ATTORNEY, DELIBERATION REGARDING REAL PROPERTY, DELIBERATION REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS, DELIBERATION REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION, DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS. 551.071 - (Pending Litigation) - Meeting with City Manager and City Attorney to discuss pending litigation. 551.074 - (Personnel Matter) - City Manager Evaluation 551.087 - (Economic Development) - Meet with City Manager and City Attorney to discuss Economic Development matter. Council retired to Executive Session at 7:38 p.m. and the Regular Meeting reconvened at 10:35 p.m. City Council Regular Meeting, Public Hearing and Workshop Meeting - March 22, 2004 - Page 6 There was no action taken during Executive Session. 19. CONSIDERATIONS AND POSSIBLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE SESSION 20. There being no further business to come before Council, the Regular Meeting was duly adjourned at 10:36 p.m. Respectfully submitted, . Wta.AlK ~YlaJJu.v cpJ Martha Gillett City Secretary Passed and approved on this 12th day of April 2004. ~ Norman Malone, Mayor F REQUEST FOR CITY COUNCIL AGENDA ITEM Requested By: S. Gillett Appropriation Agenda Date Requested: A Source of Funds: General Fund elP Department: Public Works Account Number: 015-9892-860-1100 Report: Resolution: Ordinance: xx Amount Budgeted: $100,000 Exhibits: Ordinance Amount Requested: $65,872 Exhibits: En2ineer's Recommendation Budgeted Item: YES Exhibits: Bid Tahulation SUMMARY & RECOMMENDATION The Public Works Department has outgrown the original vehicle and equipment storage facilities at Public Works. An additional equipment storage shed was budgeted in the 2003-2004 General Fund CIP. Claunch and Miller has designed the proposed improvements, and sealed bids were received on March 22, 2004 from two (2) contractors. Low bid was submitted by L & M Contractors in the amount of $65,872. A total of $1 00,000 was budgeted for this Project. Low bidder was checked by the Engineer for past work experience, safety experience and references. L & M Contractors is recommended by the Engineer for bid award in the amount of $65,872. A contingency of $3,294 is also recommended. Action Required bv Council: Approve an ordinance authorizing the City Manager to execute a contract with L & M Contractors in the amount of $65,872, with a contingency of $3,294. 4~-of Date ORDINANCE NO. 2004-.2'/lJU AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND L &: M CONTRACTORS, FOR THE CONSTRUCTION OF AN EQUIPMENT STORAGE SHED, APPROPRIATING $ 6 5, 872 .00 PLUS A CONTINGENCY OF $3,294.00, TO FUND SAID CONTRACT, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, a copy of which is on file in the office of the city Secretary. The city Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. city Council appropriates the sum of $65,872.00 plus a contingency of $3,294.00, from Fund 015 to fund said contract. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the pUblic at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 12th day of April, 2004. CITY OF LA PORTE ~ Mayor ATTEST: V1ut,~ nL \.JftUu'LLV ~} Martha A. Gillett City Secretary 11 APPROVED: / ~tJa~ Knox W. Askins City Attorney 2 ~ CLAUNCH & MILLER, INC. Engineering Consultants April 2, 2004 City of La Porte P. O. Box 1115 La Porte, Texas 77572-1115 Attention: Mr. Steve Gillett Director of Public Works Re: Public Work's Metal Building City of La Porte CMI Job No. 03-093 Dear Mr. Gillett: On March 22,2004, two (2) bids were received on the above referenced project. The following is a summary of the bids and our evaluation of the bidder to be considered for this project. Bid Tabulation Sheet - Two (2) construction firms participated in the bidding process. The bids for the total project are as follows: Lowest Bidder Second Lowest Bidder Contractor L &M Contractors, Inc. Stone Building Systems, Inc. Total Bid $65,872.00 $98,700.00 A copy of the bid tabulation is attached for you to review. Each bid was checked for mathematical errors and/or bid irregularities. No errors were found in any of the bids. Review of Lowest Bidder - L & M Contractors, Inc. The lowest Bidder was L & M Contractors, Inc. L & M Contractors, Inc. is a newly formed company with no previous job record. This project will be the first project that will be preformed by L & M Contractors, Inc. L & M Contractors, Inc. did provided resumes of the current officers of the company along with three letters of recommendations from clientele from their previous place of employment. The officers have many years of experience building more detailed and complex structures than the building that will be erected. 4635 Southwest Freeway, Suite 1000 · Houston, Texas 77027-7169 · 713-622-9264 · Fax 713-622-9265 Another issue that has risen concerns the lack of available steel on the market. L & M Contractors, Inc. attached a letter to their bid documents notifying the City that it will need additional time to have the building fabricated from the supplier. Due to current steel supply problems, it will take 14 weeks for the supplier to fabricate the metal building and L & M Contractors, Inc. will erect the structure in two weeks. Thus, L & M Contractors, Inc. will need sixteen weeks to finish this project, while the contract documents state that the project should be completed in 90 days. References - There were no references for L & M Contractors, Inc. since they are a newly formed company. However, various companies composed letters of recommendations for the officers. The companies were impressed with the work habits of L & M Contractors, Inc. had shown and would use them again in the future. All references were satisfied with the quality of work. Statement of Qualifications - There were no statement of qualifications for L & M Contractors, Inc. However, the officer's resumes listed work experience on buildings such as O'Reilly's Auto Parts Store, Jack in the Box Restraints, Red Lobster Restaurants, and over 35 years in the construction business. L & M Contractors, Inc. appears to be a young firm operated by individuals with the capabilities of performing the specified work in a satisfactory manner. The steel supple problems are being experienced industry wide at this time. It is our recommendation that the contract be awarded with an amendment to the contract time to provide an additional four to six weeks to allow for delays in delivery. As long as L & M Contractors, Inc. is able to be bonded, we are willing to recommend that they be give the opportunity to perform this contract. For these reasons, we recommend that the City of La Porte award the Total Bid of the Public Work's Metal Building to L & M Contractors, Inc. for the amount of$65,872.00, with an extension of the contract time to 135 days. Sincerely, CLAUNCH & MILLER, INe. d'Y~ Bid Date: 3/22/04 City of La Porte Public Work's Metal Building LOW BIDDER Item Unit Total Unit Total No. Description Unit Quan. Price Amount Price Amount L + M Contractors, Inc. Stone Buildina Systems, Inc. Base Bid Galvanized pre-engineered metal building, including all necessary equipment, materials, construction 1 of footinas and columns, connecctions, the buildina's erection, surface restoration and rearadina L.S. 1 $65,872.00 $65,872.00 $98,700.00 $98,700.00 _Mathematical Error Corrected by Engineer Total Base Bid: $65.872.00 $98,700.00 r.MI .Ioh No O~-09~ Page 1 of . SPEClf1CA.1'lONS p..ND coN'fRP'ct DOCm&N'fS FOR 1lJBI.1C woRR'S N\E1'AL BDlLDWG Cl1'Y oV LA yOR1'E, 1'EXA-S ;;.t:.~');" ;' .,:...,r:.............,;-- -,;~'" I' "? ..... -i\ .~.;1.sJtJ! ~ * ! ~_?' \, 1z: .~ ~ * ; " ',l>.. ~, {,- 'J ~..~ ......... _.~...-.. . -'''1. l hARPS p:'.;;-.:i \;.~U~c..K ~ t'...~_.....'" ....<""'.......~ ~I. ~... 53225 i 0': ~ ~ .pO.. j!;,.. (:.t:i .. fjJ iJf ill ~~.:;;;G!_~x..~...J' :-'':::-.!~ ,ill . ....;::. l...... r.," ~ 1lh. t!"r.. ..........O'~'t;'"<.ol"..~ ..~.;)to...l\\ "".- ~~~-~ CLP.m1C11 & M'LLER, ll'lC. ~</ 4635 5011nrvmsT ~^"{, SurrE 1000 . 110\15T01<, TEW 77027 (1\3) 622-9264 MARCH 2004 cl\'1l JOB ~O. 03..093 '0'\' SPECIFICATIONS AND CONTRACT DOCUMENTS for PUBLIC WORK'S METAL BUILDING In CITY OF LA PORTE, TEXAS MARCH, 2004 CM! JOB NO. 03-093 CLAUNCH & MILLER, INe. 4635 SOUTHWEST FREEWAY. SUITE 1000 HOUSTON, TEXAS 77027 (713) 622-9264 City of La Porte Public Work's Metal Building T ABLE OF CONTENTS NO. OF PAGES BIDDING REQUIREMENTS Notice to Bidders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Instructions to Bidders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Bid Proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Bid Bond .......................................................................... 2 CONTRACT FORMS Performance Bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Payment Bond ...................................................................... 3 Form of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 CONDITIONS OF THE CONTRACT General Conditions of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Attachment No.1 to General Conditions - Worker's Compensation Insurance ....................4 Attachment No.2 to General Conditions Agreement for Final Payment and Contractor's Sworn Release. . . . . . . . . . . . . . . . . . . . . . . . . . 6 Attachment No.3 - Wage Rates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Supplementary Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 TECHNICAL SPECIFICATIONS 01025 01035 01040 01050 01090 01300 01310 01410 01500 01535 01563 01564 01566 01570 01630 01700 01710 eMf Job No. 03-093 Measurement and Payment ............................................. 3 Change Order Procedures .............................................. 5 Coordination and Meetings ............................................. 4 Field Surveying ...................................................... 2 Reference Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Submittals .......................................................... 8 Construction Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Testing Laboratory Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Temporary Facilities and Controls. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Tree and Plant Protection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Control of Ground Water and Surface Water ............................... 8 Waste Material Disposal ...............................................2 Source Controls for Erosion and Sedimentation ............................. 4 Traffic Control and Regulation .......................................... 5 Product Options and Substitutions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Contract Closeout. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Cleaning. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 TC-l City of La Porte Public Work's Metal Building TECHNICAL SPECIFICATIONS (CONTINUED) 01720 Project Record Documents .............................................2 03100 Concrete F onnwork . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13 03300 Cast-in-place Concrete. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 32 05120 Structural Steel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 05300 Metal Decking ....................................................... 5 APPENDIX Geotechnical Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 rMT .Tnh Nn 03-093 TC-2 City of La Porte Public Work's Metal Building NOTICE TO BIDDERS Project: Public Work's Metal Building Owner: City of La Porte 604 W. Fairmont Parkway La Porte, Texas 77571 Engineer: Claunch & Miller, Inc. 4635 Southwest Freeway, Suite 1000 Houston, Texas 77027 Attention: Harry B. Walker, P.E. Telephone: (713) 622-9264 The Owner will receive bids until 2:00 p.m. on Monday, March 22,2004 at the office of the City Secretary, City Hall, 604 W. Fairmont Parkway, La Porte, Texas, 77571. Bids received after that time will not be accepted. Bids must be sealed and marked "Bid # 04019 Public Works Metal Building". ----.. Bids will be opened publicly and read aloud in the City Council Chambers, City Hall, at 604 W. Fairmont Parkway, La Porte, Texas, 77571 at 2:00 p.m. on Monday, March 22,2004. Copies of the bidding documents may be obtained at the offices of Claunch & Miller, Inc. upon a NON-REFUNDABLE payment of Thirty-Five Dollars ($35.00). Payment will be made to Claunch & Miller, Inc. If bidding documents are to be mailed, then a $4.00 postage and handling fee will be added. Plans can be examined at the City Engineer's office, at the City of La Porte Director of Public Works Office and F. W. Dodge and Associated General Contractors plan rooms. Bid security in the amount of 5 percent of the greatest amount bid must accompany each bid in accordance with the Instructions to Bidders. The Owner reserves the right to reject any and all bids in accordance with the Instructions to Bidders. rMl.lnh Nn. fJ3-093 NTB-l City of La Porte Public Work's Metal Building INSTRUCTIONS TO BIDDERS CITY OF LA PORTE PUBLIC WORK'S METAL BUILDING 1.0 INVITATION 1.1 The Work. Bids are invited on a construction contract for providing all labor, material, and equipment and performing all work required for a pre-engineered metal building for the Public Works Department in La Porte, Texas. The work consists of providing all material for the pre-engineered building, its erection on site, including construction of the foundation and site regrading. The bids will be based on unit prices for the bid items in the bid form. 1.2 The Owner. City of La Porte 604 W. Fairmont Parkway La Porte, Texas 77571 1.3 The Engineer Claunch & Miller, Inc. 4635 Southwest Freeway, Suite 1000 Houston, Texas 77027 Attention: Mr. Harry B. Walker, P.E. Telephone: (713) 622-9264 2.0 Bid Period (a) Bidding Documents (1) Bidding documents consist of all documents available during the bidding period including the instruction to bidders, contract forms, conditions of the contract, specifications, plans and addenda. (2) To obtain bidding documents, a NON-REFUNDABLE payment is required for each set in the amount of Thirty-Five Dollars ($35.00) at the office of the Engineer. (3) Bidding documents may be examined by appointment at the office of the Engineer. eMf Job No. 03-093 IB-l eMf Job No. 03-093 City of La Porte Public Work's Metal Building (4) Drawings and specifications may also be examined at: Office of the Director of Public Works 604 W. Fairmont Parkway La Porte, Texas 77571 Associated General Contractors Houston, Texas F.W. Dodge Corporation Houston, Texas (b) Conditions of Work - Bidder shall carefully examine the bidding documents and the site to determine the actual conditions under which work will be done. Data in the bidding documents pertaining to existing conditions is for convenience only and does not supplant obtaining firsthand information at the site. Bidders shall inspect the site and thoroughly familiarize themselves with the specifications and plans. Failure to do so will not relieve a successful bidder of his obligation to perform the work in accordance with contractual requirements. Submission of a bid constitutes acceptance by the bidder of existing site conditions as part of the requirements of this work. It is understood that bid prices shall include the furnishing of all superintendence, labor, materials, machinery, equipment, tools, transportation, services and other means of construction, including parts, incidentals, and appurtenances, as necessary to complete the work in accordance with the specifications and plans. (c) Subsurface Information - Any information provided in regard to subsurface data, test borings, etc., is to be considered approximate. Soil reports, if any, that the Engineer has obtained for this project will be provided to the bidders for their use. The interpretation of soil information, results of soil borings, etc., is in no way guaranteed. (d) Where equipment or materials are specified by a trade or brand name, it is not the intention of the Owner to discriminate against an equal product of another manufacturer but rather to set a definite standard of quality and/or performance and to establish an equal basis for the evaluation of bids. Where the words "equivalent" or "equal to" are used, they shall be understood to mean that the thing referred to shall be, in the opinion or judgment of the Engineer, the equivalent of or equal to the product or item specified by name. Unless otherwise specified, all materials shall be the best of their respective kinds and shall be, in all cases, fully equivalent to approved samples. Notwithstanding that the words "equivalent", "equal to" or other such expressions may be used in the specifications in connection with a material, manufactured article or process, the material, article or process specifically designated shall be used unless a substitute shall be approved in writing by the Engineer. The Engineer has the right to require the use of such specifically designated materials, articles or processes. IB-2 eMf Job No. 03-093 City of La Porte Public Work's Metal Building (e) Ouestions - Submit questions about bidding documents to the Engineer. Inquiries are permitted until one week prior to bid opening. Necessary replies will be issued to bidders of record as addenda, which become a part of the bidding documents. Bidders should contact the Engineer not less than 72 hours before bid opening to secure any addenda that may affect bidding. (f) Qualifications of Bidders - The Low Bidder will be asked to submit a statement of the qualifications of the Bidder to properly execute the work. Include in the statement of qualifications a list of ten (10) references minimum. The references shall consist of projects of similar nature, cost of the project, owner's name, engineer or prime contact and his telephone number. (g) Right of Reiection - The owner reserves the right to reject the bid of any bidder if evidence or investigation indicates that the bidder is not properly qualified, in the opinion of the Owner, to complete the work satisfactorily or in the opinion of the Owner, it is in the City's best interest that the bid be rejected. Upon consideration of the proposals the City plans to award a Contract, however the City reserves the right to reject any and all bids, to waive any and all formalities and technicalities, and to accept any bid which it deems advantageous to the City. Each bidder agrees to waive any claim it has or may have against the Owner, the Engineer, and their respective employees, arising out of or in connection with the administration, evaluation or recommendation of any bid. The successful bidder will be required to furnish a performance bond and payment bond in an amount of 100% of the total contract price. (h) Reiection of Irregular or Improper Bid - Any bid which contains any omission, alteration, erasure, addition or change of any nature, or which does not include prices for each and every bid item (excluding optional items) may, at the option of Owner, be deemed irregular. In order for any such bid to be considered, any alteration, erasure or other change must be initialed by the bidder prior to submission of the bid. In addition, any bid in which the prices are obviously unbalanced or which fails in any manner to conform to the bidding procedures as set forth may be considered irregular. Any bid proposal which is deemed irregular may be rejected and returned to the bidder without being considered. Further, any proposal containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. IB-3 City of La Porte Public Work's Metal Building (i) City's Right to Require Additional Information - The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (1) The experience record of the bidder showing completed jobs of a nature similar to the one covered by the proposed Contract and all work in progress with bond amounts and percentage completed; (2) An equipment schedule. (3) Financial statement. 3.0 SUBMITTAL (a) Receipt of Bids - Sealed bids will be received until the hour of2:00 p.m. at the office of the City Secretary, City Hall, La Porte, Texas. Bids will be opened publicly and read aloud in the City Council Chambers at 2:00 p.m. All interested parties are invited to attend. (b) Bid Form (1) Submit bid in duplicate and other required data in an opaque, sealed envelope. If submitted by mail, enclose bid envelope in another envelope addressed for mailing. Plainly identify the sealed envelope with the following information: a. Bid # 04019 b. Project: City of La Porte - Public Works Metal Building c. Do not open before 2:00 p.m. d. Bidder: (2) Submit bid on the bid form provided. Fill in all blanks; failure to comply may be cause for rejection. If no amount is to be included, insert zeros (-0-) in the spaces. No segregated bids or assignments will be considered. (3) Do not alter the bid form with written memoranda or qualifications. Any explanation, alteration, or other statement proposed by the bidder must be written separately, signed independently, and included in the bid envelope prior to bid opening. Alternatives developed by the bidder will only be considered by the owner after bid award and not be a part of the bid or play a part in determining the low bidder. eMf Job No. 03-093 18-4 I ,. i- l, I-- I I', I. ^. .' l~ (; ( 17..'r IS t (1 .,) [....1 I.. J ~ U ~:"., ('.").. I- . ~ 'r~~ 'l ~ ~:;:" . -",.," ;'<:... 11 ~ City of La Porte Public Work's Metal Building BID FOR UNIT PRICE CONTRACT -, La Porte, Texas Date: Bid No: eM! Job No.: m(Jr e J, 2- -z... ) "LD 0 4- 04014 Public Wo~k's Metal Building 03-093 Proposals of 1-. 't (l1 {:;;" frCJc Icr~ , ;C-n t:--- , (hereinafter c~ed "Bidder~')* a corporation, organized and existing under the laws of the State of '7e XCI ..s . * a-paWJen:bip or Bfl in.:m ~daal doing business as . To the City of La Porte (hereinafter called "Owner"). Gentlemen: The Bidder, in complianc~ with your invitation for b~ds for the ,Public Work's Metal Building, having exaniined the contract docUments with related documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials arid supplies, and to construct the project in accordance with the contract doctiments;.Within the time set forth, and at the price stated below. This price is to cover all expenses.incurred in performing the,work required under the contract documents, of which this proposal is a part. ?' ,; . ~ Bidder hereby agrees to com:mence work under this contract on the date specified in the "Notice to Proceed" bfthe Owner and to fully complete the proj~ct within 90 consecutive calendar days thereafter as stipulated . in the specifications. Bidper further agrees to pay as liquidated damages, the sum of $250.00 ror each consecutive calendar day thereafter. II::; e' e /l i itJc J, t7 d j. (? j-f~ J- II The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, fin:n or corporation; that he has carefully examined the form of the contract, invitation to Bidders, speciflcati()llS and the plans therein referred to, and has" carefully examined locations, conditions and classes of materials of the proposed work; and agrees that he will provide all the necessary labor, machinery, tools, apparatus and other items incidental to construction, and will do all the work and furnish all the materials called for in the contract and specifications in the manner prescribed therein and according to the requirements of the Engineer as therein set forth. It is understood that the following quantities of work to be done at unit prices are approximate only,. and are intended principally to serve as a guide in evaluating bids. It is :further agreed that the quantities of work to be done at the unit prices and materials to be furnished may be increased or diminished as may be considered necessary, in the opinion of the Engineer, to complete the work fully as planned and contemplated, and that all quantities of work, whether increased or decreased are to be perfoimed at the unit prices set forth below except as provided'fbr ill the speCifications. * Strike out corporation, partnership, or individual as applicable. eMJ Job No. 03-093 , BP-I City of La Porte Public Work's Metal Building (4) Sign in longhand below the typed name of the person authorized to bind the bidder to a contract. When the bidder is a corporation, the bid must be signed with the legal name of the corporation followed by the name of the state of incorporation and the legal signature of a person authorized to bind the corporation to a contract. (c) Alternatives - Bidder shall bid Alternatives separately. (d) Bid Security (1) Include with the bid a cashier's check, certified check, or a bid bond for 5 percent of the base bid amount. Make checks payable to the City of La Porte, Texas. Bid bonds must be executed by the bidder and a surety company which meet requirements of the conditions of the contract. (2) The successful bidder's security will be retained until he has signed the agreement, furnished the required performance and payment bonds, and submitted any other required contract forms. The bid security will be forfeited to the City by the successful bidder as damages for default if the bidder fails to execute and deliver a contract and bonds as required. (3) The City reserves the right to retain the security of the next two lowest bidders until the successful bidder enters into the contract or until 90 days after bid opening has passed. All other bid securities will be returned within 15 days of bid opening. (e) Modification or Withdrawal . Bids may be modified or withdrawn by a written request duly executed and delivered to the person who holds the bid at any time prior to the opening of Bids. Bids may not be withdrawn or modified after bid opening time unless the award of the contract has been delayed more than 60 days. (f) ~ualification Information - As stated in the previous section. (g) Trench Safety System - Contractor shall submit with his bid a certified statement of his safety record over the past five (5) years. 4.0 CONTRACT REQUIREMENTS (a) Award of Contract - Unless all bids are rejected, the Owner will award the Contract as promptly as possible, consistent with the time required for a thorough analysis of the bids submitted. However, the Owner reserves the right to delay award for sixty (60) days after receipt of bids. If no award is made within sixty (60) days after receipt of bids, a bidder may withdraw his bid without prejudice to himself by submitting a written request for its withdrawal to the person who holds the bid. The Contract will be awarded on the basis of all factors that are available to be judged by the Owner and deemed by the Owner to be of the greatest advantage to it, considering eM! Job No. 03-093 IB-5 eM! Job No. 03-093 City of La Porte Public Work's Metal Building the type of work involved, the length of duration thereof, the elements of the bid, history and performance of bidders in previous jobs and other factors as shall be determined by the Owner. The Owner reserves the right to reject any or all bids and to waive bid irregularities as the interest of the Owner may require. (b) Performance and Payment Bonds - The bidder must be capable of executing satisfactory performance bond and payment bond for 100 percent of the contract sum in accordance with the conditions of the contract. (c) Preconstruction Conference - A preconstruction conference will be held with the successful bidder prior to construction at a time and place designated by the Engineer. The contractor shall provide his anticipated construction schedules either prior or at the time of the preconstruction conference. (d) Affidavits of Bills Paid - The City of La Porte reserves the right, prior to final acceptance of this project, to require the Contractor to execute an affidavit certifying that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending of which the Contractor has been notified. IB-6 l l , ~ \ ( l I ? t [ [ r: li r: l\ ~7 ~ ~ ,;1 " \: '":, {. City olLa Porte Public Work's Meta/Building It is further agreed !bat lump sum prices may be increased to cover additional work ordered by the Engineer, but not shown on':the plans or required by the specifications, in. accordance with the provisions of the General ConditioD.s. Similarly, they may be decreased to covet deletion of work so ordered. Bidder acknowledges receipt of the following adden~a and has considered same in making this proposal: Alo n e. " i" ;~ Enclosed with thi~ :proposal is a cashier's chec~ 'c~rtified che~k, o~~ the amount of , . Dollars ($ ) being 5% of the greatest amount bid, as which it is agreed shall be collected and retained by. the OWNER as liquidated damages in the event the proppsal is accept~d by the OWNER and the undersigned fails to execute the necessary contract docmnents and the.required bonds (if any) with'the OWNER within ten (10) days after the date of receipt of written notification of acceptance of said proposal; otherwise said check or bond shall be returned to the ~ , undersigned. '.* .-(' . . // The unit prices shall be :quI compensation for all required supervision, labor, products, tools, equipment; plant, transportati~n, services, and incidentals; erection, application or installation of an item of the Work; and Contractor' s ~;verhead and profit. BIDDER undersfunds anti agrees that the contract to be executed shall include this Proposal as an amc~~. L J d- m Wj,":tr--aC I tJr S I X::c- Bidder Type or Print: (If Bidder is a CorPoration) Bidder's I 1..L Name: 6. d- rr1 Ctlh- V r '() c./ () r S I ;z::: c Bidder's /2 J Address: 5'30 > I 171"(1 '(1 d;'(/ -Q .,j J ~11, Ie T;c; 7 ~ 5'/ I Attest: Secretary Name of I ./1/7 Person Signing: i-. ~ c~/ / /! Cldr-e I OfficeHeld: \ Pre 7 ~ J en-t phOlre; 2~/ 604- b536 BP-2 (Corporate Seal) eMf Job No. 03-093 CITY OF.LA PORTE, TEXAS Public Work's MetaLBuilding BASE BID FoRM ITEM EST. NO. QUAN. BASE BID ITEMS 1. DESCRIPTION AND UNIT PRICE IN WORDS 1.8. Galvanized pre-engineered metal building, including aU necessary . equipment, materials, construction of footings and columns, connections, the building's erection; surfacerestoraHon l1;1d regrading, complete in place, the ;' ~ F.- t1z i f II J.) :?evPY/ ~ ~() ./ I XJ rJ. I ve d k-7A E,\CJ fJ n lit ndtt>. Dollars and /' I Cen~ $ ... TOTAL BASE BID ITEMS eMf Job No. O}-093 , ti; /1 (,i;-l t~(i\'> 'J.,d tE:'Jhf ~dr,",d ~NI1?> fY No. - Dollars and Cents \ \. .~ UNIT PRICES $ 6;;: S 7'2, 00 I TOTAL AMOUNT $ 6'5, ?;72,trO " , , BP-3 " March 22, 2004 City of La Porte 604 W. Fairmont Pkwy La Porte, TX 77571 RE: Metal Building Public Works Department Please note, our proposal is based on using a building provided by Whirlwind Manufacturing. This building is to be fabricated according to standard prefabricated metal building specifications. The roof and wall sheets are to be Whirlwind's standard colors and shapes. . Roof, 26 gauge galvalume . Walls, 26 gauge, Monarch Profile, Siliconized Polyster Paint, 30 Year limited Color Warranty According to Whirlwind, the delivery date is 14 weeks from date of order, due to the problems of steel delivery to them. This time could shorten if steel availability improves. Based on this information, total project time is 16 weeks. This includes the 14 weeks for delivery of building and 2 weeks for erection of building. This timeframe is still contingent on Whirlwind's delivery date and may change due to steel availability. Sincerely, Lacy Moore President 530 S. BROADWAY. LA PORTE, TX . 77571 PHONE: 281-604-0536 . FAX: 281-604-0537 WWW.LMCONTRACTORS.COM BID BOND KNOW ALL MEN BY THESE PRESENTS, that we L & M Contractors. Inc. as principal, hereinafter called the Principal, and SURETEC INSURANCE COMPANY, 5000 Plaza on the Lake, Suite 290, Austin, TX 78746, as Surety, hereinafter called the Surety, are held and firmly bound unto City of LaPorte as Obligee, hereinafter called the Obligee, in the sum of Five Percent (5%) of Amount Bid---- (5% A.B.---) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the principal has submitted a bid for 50 x 150 Metal BuildinQ. End Walls Only. No Slab. Only Drilled Piers. Bid #04019. NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into such Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety thai financing has been firmly committed to cover the entire cost of the project. SIGNED, sealed and dated this 22nd day of March, 2004. L & M Contractors. Inc. (Principal) HOUSTOUN,WOODARD,EASON,GENTLE9 rOMFORDE, AND ANDERSON, INC. <ibs ImjlmlrW'F},<\!!iance \ 716 'forktt'wn, Suite 200 }iouston, Tex:as 71056.4114 TDI Lil;l!:nse #1381 FEIN #760362043 BOND NO.: 4343881 City of La Porte Public Work's Metal Building PERFORMANCE BOND STATE OF TEXAS COUNTY OF HARRIS U'\ !)4L~ KNOW ALL MEN BY THESE PRESENTS: That ~Ne. M CONTRACT~ of the City of . LaPORTE . County of HARRIS~ and State of Texas, as Principal, and SURETEC INSURANCE COHPANY authorized under the laws of the State of Texas to act as Surety on bonds for principals, are held and fmnly bound unto the City of La Porte, Texas (Owner), a municipal corporation of Harris County, Texas, as Obligee, in the penal sum of. SIXTY-FI~E THOUSAND, EIGHT HU~RED SEVENT!-_T}]~ A~ NO/lOa., for the payment whereof the said Principal and - / I - Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents. the I~ WHEREAS, the Principal has entered into a certain written contract with the Owner, dated -- day of ....J ~ .204 for the Public Work's Metal Building which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall faithfully perform said Contract and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void, otherwise to remain in full force and effect. eMl JOB NO. 03-093 PERB-l City of La Porte Public Work's Metal Building PROVIDED, HOWEVER, that this bond is executed pursuant to the provIsIons of Tex.Rev.Civ.Stat.Ann. Art. 5160 (Vernon's), as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute to the same extent as if it were copied at length herein. PROVIDED FURTHER that if any legal action be filed upon this Bond, venue shall lie in Harris County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms.ofthe Contract, or to the work performed thereWlder, or the Plans, Specifications, or drawings accompanying the same, or any assignment of the Contract as may be provided for in the instructions to bidders, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, assignment thereof, or to the work to be performed thereWlder. IT IS FURTHER PROVIDED herein that pursuant to this undertaking, the Principal hereof and the Surety shall both be bOWld for such period of warranty as shall be expressed and set out in the General Conditions of Agreement, under the terms and conditions thereof and for an additional period of one (1) year as is provided for in Tex.Rev.Civ.Stat.Ann. Art. 5160, as amended. eMl JOB NO. 03-093 PERB-2 City of La Porte Public Work's Metal Building I $~ this, the ~ IN WIlNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument ,-r- day of :J~ .200</ LJ\ L & M CONTRACT~ INC. Principal SURETEC INSURANCE Cm1P ANY Surety BY:~ Title:~~efie Address: 530 S. BROADWAY Address 5000 PLAZA ON THE LAKE, #290 LAPORTE, TX 77571 AUSTIN, TEL~S 73746 The name and address of the Resident (Registered) Agent of Surety is: INSURANCE ALLIANCE - 1776 YORKTOWN, STE 200, HOUSTON, TX 77056 /5_1- This Bond having been reviewed, is accepted by the City of La Porte, Texas (Owner) on this, the _ day of J~ .2012/ cJ1L~())~ ATTEST: -Mcifor, C~7 of La ~o~exas Gt'.fy /V~ LfYliltt~~ . ;/lLl{J City Secretary ~iq\:lSTGvl'j. WOODARD, EASON, GENTLE, l~Mfgf.U)rAl AND ANDERSON, INC. ~H t"luRnce Alliance l"tft V~ Suite 200 ~ Tu.. 77056-4114 1iM ~jI;!$~ -'".1 ~ ""70031'\2043 PERB- 3 eM! JOB NO. 03-093 BOND NO.: 4343Bol City of La Porte Public Work's Metal Building PAYMENT BOND STATE OF TEXAS COUNTY OF HARRlS KNOW ALL MEN BY THESE PRESENTS: ~'" That L & M CONTRACT~ INC Qf the City of. LaPORTE, , County of ~~IS and State of Texas, as Principal, and SURETEC INSU~~NCE CO~WANY authorized under the laws of the State of Texas to act as Surety on bonds for principals, are held and firmly bound unto the City of La Porte, Texas (Owner), in the penal sum of SIXTY-FIVE THOU~~ND, EIGHT HUNDP:ED SEVENTY-TWO -xNn NO/IOO-- ' ($ 65, 872.00-- ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: /sr the WHEREAS, the Principal has entered into a certain written contract with the Owner, dated day of .:T ~ ,20.!21, for the Public Work's Metal Building which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said Contract, then this obligation shall be null and void, otherwise to remain in full force and effect. eM! JOB NO. 03-093 P A YB-l City of La Porte Public Work's Metal Building PROVIDED, HOWEVER, that this bond is executed pursuant to the proVIsIons of Tex.Rev.Civ.Stat.Ann. .Art. 5160 (Vernon's), as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute to the same extent as if it were copied at length herein. PROVIDED FURTHER that if any legal action be filed upon this Bond, venue shall lie in Harris Coun~,StateofTexas. Sure~, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work performed thereunder, or the Plans, Specifications, or drawings accompanying the same, or any assignment of the Contract as may be provided for in the instructions to bidders, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Sure~ have signed and sealed this instrument {71.:r~ 'f this, the _ day of ,20.[L. vt- L & H CONTRACT~ INC. SURETEC INSURAN:CE CmIF ANY Principal Title:~ BY:~ Address: 530 S. BROADWAY Address 5000 PLAZA ON THE LAKE, #290 LAPORTE, TX 77571 AUSTIN, TE~~S 78746 The name and address of the Resident (Registered) Agent of Surety is: INSU~~NCE ALLIANCE - 1776 YORKTO~~, STE 200, HOUSTON, TEL~S 77056 eM! JOB NO. 03-093 HOUSTOUN, WOODARD, EASON, GENTLE, TOMFORDE, AND ANDERSON, INC. dba II .~..u <mce Alliance 1776 Yorktown, Suite 200 o ~ouston, Texas 17056-4114 ') ml LIcense #1381 FEIN #76036204~ P A YB-_ City of La Porte Public Work's Metal Building This Bond having been reviewed, is accepted by the City of La Porte, Texas (Owner) on this, the I SV ~ CA day of ;J ,20!....J.. ATIEST: ~J/I/ City Secre eM! JOB NO. 03-093 ~~~?k~ C,-Iy A1.~~ PA YB-3 ~~ ,",,""''''lIIII1IiiU:~ SureTec POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint C. W. Adams, Harlan J. Berger, Sue Kohler, Andrew J. Janda, Cheryl R. Colson, Donald E. Woodard, Jr., Sharon Cavanaugh, Leland L. Rauch, Michael Cole, Jacquelyn Kingsbury, JoAnn Parker of Houston, Texas its true and lawful Attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars ($5,000,000) and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confIrming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint anyone or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20th of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 11 th day of June, A.D. 2002. SURETEC INSURANCE COMPANY Corporate Seal By ~ Presidertt State of Texas County of Harris ss: On this 11th day of June A.D. 2002 before me personally came John Knox, Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affIxed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. ~ DONNA U.IBANeZ 2 U --' -.,Pu_._oI"'_ Notary Seal 1Iyc.._.....llIp/1n onna~ane;, Notary 'c JUNE II, 20011 My commission expires June 11,2006 I, Michael P. Whisenant, Vice President and Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affL'<ed the seal of said Company at Houston, Texas this _ day of 20_, _~ A.D. ~1~~~~~~~~ /-: "~ w!w :'1l ~~\ " j~ ~"".l. /"1" .........;;....... "" _......./ tJkW G? ~ Corporate Seal Michael P. Whisenant, Vice President, Assistant Secretary SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at 1-866-732-0099 You may also write to the Surety at: SureTec Insurance Company 5000 Plaza on the Lake, Suite 290 Austin, TX 78746 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Important Notice Regarding Terrorism Risk Insurance Act of 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (the "Act"), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: SureTec Insurance Company, U. S. Specialty Insurance Company, and any other company that is added to SureTec Insurance Company for which surety business is underwritten by SureTec Insurance Company ("Issuing Sureties"). The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 102(1) of the Act is Zero Dollars ($0.00). The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. The actual coverage provided by your bond for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, exclusions, penalties, limits, other provisions of your bond and the underlying contract, any endorsements to the bond and generally applicable rules of law. This Important Notice Regarding Terrorism Insurance Risk Act of 2002 is for informational purposes only and does not create coverage nor become a part or condition of the attached document. ------------------- -----------------------------------------------------------------------..------------------------------- Exclusion of Liability for Mold, Mycotoxins, and Fungi The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergins, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor the remediation thereof, nor the consequences of their occurrence, existence, or appearance. R.ev. 11 112003 City of La Porte Public Work's Metal Building FORM OF AGREEMENT STATE OF TEXAS COUNTY OF HARRIS (Sf ~ THIS AGREEMENT, made and entered into this, the _ day of ~ A.D. 2004, by and between the City of La Porte, Texas, of the County of Harris and State of Texas, duly incorporated and existing under and by virtue of the Constitution and the laws of the State of Texas, acting by and through the undersigned Mayor as attested to by the City Secretary of the City of La Porte, Texas, thereunto duly authorized so to do, hereinafter referred to as "OWNER", and 1.. d 111 tV., fy~ L fo r 5 ~ ::II? L , a corporation duly authorized to do business and existing under the laws of the State of Texas, acting by and through a duly authorized officer thereof as attested to by the Secretary of said corporation of the City of t ~ ~ f- -e.. ,County of l-i~y Y" > , State of Texas, hereinafter referred to as "CONTRACTOR". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER, and under the conditions expressed in the bond(s) bearing even date herewith (if any), the CONTRACTOR hereby agrees with the OWNER to commence and complete the construction of certain improvements described as follows: PUBLIC WORK'S METAL BUILDING and all necessary work of every kind or nature, including all extra work in connection therewith necessary to complete said improvements, under the terms as stated in the contract documents, including the General Conditions of Agreement, and, at its own proper cost and expense, to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance CMT .lOR NO 03-093 City of La Porte Public Work's Metal Building with the General and Special Conditions of Agreement, plans and other drawings and printed or written explanatory matter thereof, and the Specifications and addenda therefor, as prepared by Claunch & Miller, Inc., hereinafter called "ENGINEER", each of which has been identified by the CONTRACTOR and the ENGINEER, together with CONTRACTOR'S written Proposal, the General Conditions of Agreement and the Performance and Payment Bonds hereto attached, all of which are made a part hereof and collectively evidence and constitute the entire Contract. The CONTRACTOR hereby agrees to commence work within ten (10) days after the date written notice to do so shall have been given to it and to substantially complete the same within the time specified in the contract documents, subject to such extensions of time as shall be specified in the General and Special Conditions or shall have been specifically agreed to in writing by the parties hereto, which writing shall be attached to this Contract as a part hereof. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the Contract in accordance with the Proposal submitted therefor, which forms a part of this Contract, subject to additions and deductions as provided in the contract documents, and to make payment on account thereof as provided therein. eM! JOB NO. 03-093 AGREEMENT -2 City of La Porte Public Work '$ Metal Building IN WITNESS WHEREOF, the Mayor of the City of La Porte, Texas, as attested to by the City Secretary of the City of La Porte, Texas, hereunto, has executed this Agreement in the year and date first above written, under the authority granted to them under the provisions of Ordinance No. . an Ordinance duly enacted by the City Council of the City of~~as~ j3c:lk[L~ City Manager, City of La Porte, Texas ATTEST: vI71 afihl # jJj)f City Secretary IN WITNESS WHEREOF, the undersigned officers of the corporation, whose names are hereinafter set out, do certify and attest that they have executed this Agreement in their capacities as herein stated, for and on behalf of said corporation, and that they have authority to do so under specific authorization granted to them under the terms of the Charter, By-laws and resolutions of said corporation. /-, \-} J7? CO h fr"dc tdv 3 . :Tn '- . ~C~RPORATION (CONTRACTOR) -f; r- ~: j.pl/I t Office Held ATTEST: ~'-< Yt&~//~/L ~l'etflry Wi TWE.:S:S eMf JOB NO. 03-093 From: 713-966-1700 To: Sue Page: 1/2 Date: 3/25/2004 8:34:24 AM ACORD.. CERTIFICATE OF LIABILITY INSURANCE OP 10 L9 DATE (MMlODlVYVYl MOORE-4 03/25/04 PROOUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONL. Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE zn$urance Alliance HOLOER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1776 Yorktown, #200 ALTER THE COVERAGE AFFORDEO BY THE POLICIES BELOW. Houston ~ '77056 phone: 713-966-1776 Fax:713-966-1700 INSURERS AFFORDING COVERAGE NAIC# INSUReD INSURER A: Transcontinental Insurance Co t.j\ INSURER 6: valley Forge Insurance company L&M contract~;$ Inc. INSURER C Continental casualty c011t)afll{ P.O. Box 151 INSURER D. La Porte TX 77572 - INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BeEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TI[~ 'M'E OF INSURANCE POLICY NUMBeR DAre iMMIODIVYI DATE MMlDOIYYl LIMITS GENEAAl. LIABll.nY EACH OCCURRENCE $1,000,000 - A X ~ COMMERCIAL GENERAL LIABILITY C172035259 10/01/0S 10/01/04 ='~~~"- 'vr<C,"'CLJ $ 50,000 ~ CLAIMS MADE ~ OCCUR PREMISES (Ea occurence) - MED EY,P \My one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000 ,000 -- GENERAL AGGREGATE $2,000,000 - GENt AGGREGATE LIMIT .APPliES PER PRODUCTS - COMPIOP AGG $2,000,000 'I !xl PRO- n ' POLICY X JECT LOC AlJrOMOBILE UABlLnY COMBINED SINGLE LIMIT - $1,000,000 B ~ ANY NJTO C1072035262 10/01/03 10/01/04 (Ea accldont) -~ AlL OWNED AUTOS BODILY Ir-lJURY - $ SCHEDUlED AUTOS (por person) - ~ HIRED AUTOS 60DIL Y INJURY {Per accldentl $ ~ NON.OWNED AUTOS PROPERTY D.AMAGE $ (Per aCCident) GARAGE I.IAB1LnY AUTO ONL Y - EA ACCIDENT $ =1 ANY AUTO OTHER TfWJ EA ACC $ AUTO ONLY AGG $ EXCESS/UMBRELLA L.lABtl.lT'l EACH OCCURRENCE $1,000,000 C ~ OCCUR D CLAIMS MADE CUP109849J.099 10/01/03 10/01/04 AGGREGATE $1,000,000 $ -- ~ DEDUCTiBlE $ X RETENTION $10,000 $ WORKeRS COMPENSATION AND X ITO'R\tiWfs I IVER c EMPLOYERS' LIAlllLITY WC172035276 10/01/03 10/01/04 $1,000,000 ANY PROPRIETORIPARTNERIEXECUTIVE EL EACH ACCIDENT OFFICERIMEMBER EXCLUDED? E.l DISEASE - EA EMPLOYEE $1,000,000 If yes, r:Jescrit>e under $1,000,000 SPECIAL PROVISIONS below El DISEASE - POLICY LIMIT OTHER DESCRIPTION OF OPERATIONS /I.OCATlONS / VEHICLES/ eXCLUSIONS ADDeD BY ENDORSEMENT / SPECIAl PRO\l1S10NS Additional Insured {except WC) & Waiver of subrogation in favor of City of Laporte, as required by written don tract city of Laporte 604 W.Fairmont Pkwy Laporte TX 775712 CANCELLATION C:ITY -11 SHOULD ANY OF THE A80VE OESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THERE01', THE ISSUING INSURER WILL ENOEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO 1'HE ceRTIFICATE HOLDER NAMED TO THE LEFT, BlJr FAILURE TO 00 SO SHALL IMPOSE NO OBLIGATION OR LlABlLfIY 01' ANY KINO UPON THE INSURER, ITS AGENTS OR REPR SENTATIVES. A I DR ESENTATI CERTIFICATE HOLDER ACORD 25 (2001/08) @ACO This fax was sent with GFI FAXmaker fax server. For more information, visit: http://www.gfi.com City of La Porte Public Work's Metal Building Document 00700 GENERAL CONDITIONS OF AGREEMENT TABLE OF CONTENTS Title Page ARTICLE 1 - DEFINITIONS AND INTERPRETATIONS. ... .... . . . ....... . . " ..... . .. .......... 1 1.01 Owner, Contractor and Engineer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1.02 Contract Documents ........................................................... 1 1.03 Subcontractor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 1.04 Written Notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1.05 Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.06 Extra Work .................................................................. 2 1.07 Working Day. ....... ., ., . . . ... . . . . . ..... . .... . . ........ ... .. .. .......... .....2 1.08 Calender Day. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.09 Substantially Completed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.10 Interpretation of Words and Phrases .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.11 Referenced Standards .......................................................... 3 1.12 Special Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE 2 - RIGHTS AND RESPONSIBILITIES OF THE OWNER .............................. 3 2.01 Adequacy of Design ........................................................... 3 2.02 Right of Entry ................................................................ 3 2.03 Ownership of Drawings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2.04 Changes and Alterations ........................................................ 3 2.05 Damages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 3 - RIGHTS AND RESPONSIBILITIES OF THE ENGINEER. . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3.01 Owner-Engineer Relationship. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3.02 Keeping of Plans and Specifications Accessible. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3.03 Preliminary Approval .......................................................... 5 3.04 Inspection by Engineer ......................................................... 5 3.05 Determination of Questions and Disputes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3.06 Objections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3.07 Recommendation of Payment .................................................... 6 ARTICLE 4 - RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR. . . . . . . . . . . . . . . . . . . . . . . . 7 4.01 Independent Contractor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4.02 Contractor's Understanding. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4.03 Laws and Ordinances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4.04 Assignment and Subletting ...................................................... 8 4.05 Performance and Payment Bonds ................................................. 8 4.06 Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4.07 Certificate ofInsurance .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 10 4.08 Permits and Fees ............................................................. 10 eMf JOB NO. 03-093 City of La Porte Public Work's Metal Building 4.09 Texas State Sales Tax ......................................................... 11 4.10 Contractor's Duty and Superintendence ........................................... 11 4.11 Character of Workers ......................................................... 11 4.12 Labor, Equipment, Materials, Construction Plant and Buildings. . . . . . . . . . . . . . . . . . . . . . . . 11 4.13 Sanitation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4.14 Cleaning and Maintenance ..................................................... 12 4.15 Performance of Work ......................................................... 12 4.16 Right of Owner to Modify Methods and Equipment. .................................12 4.17 Layout of Work .............................................................. 12 4.18 Shop Drawings .............................................................. 12 4.19 Engineer-Contractor Relationship; Observations .................................... 13 4.20 Observation and Testing ....................................................... 14 4.21 Defects and Their Remedies .................................................... 14 4.22 Liability for Proper Performance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 15 4.23 Protection Against Accident To Employees and the Public ............................ 15 4.24 PROTECTION OF Adjoining Property.... . . . .. .. . . " . .. . . . . .. ... . .. . . .. . . ... ... . 16 4.25 Protection against Claims of Subcontractors, Laborers, Materialmen and Furnishers of Machinery and Supplies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 16 4.26 Protection Against Royalties or Patented Invention .................................. 17 4.27 Indemnification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 4.28 Losses From Natural Causes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 18 4.29 Guarantee . "'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 ARTICLE 5 - PROSECUTION AND PROGRESS...... . . .. . . . . . . . . ... . . . . ..... .., .... ... . . . . . 18 5.01 Time and Order of Completion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 5.02 Extension of Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 19 5.03 Hindrances and Delays ........................................................ 19 5.04 Liquidated Damages for Delay. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 ARTICLE 6 - MEASUREMENT AND PAYMENT ............................................ 20 6.01 Discrepancies and Omissions ................................................... 20 6.02 Quantities and Measurements ............ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 6.03 Estimated Quantities .......................................................... 20 6.04 Price of Work ............................................................... 21 6.05 Payments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 6.06 Partial Payments ............................................................. 21 6.07 Use of Completed Portions ..................................................... 22 6.08 Final Completion and Acceptance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 6.09 Final Paym,ent ............................................................... 22 6.10 Correction of Work Before Final Payment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 6.11 Correction of Work After Final Payment .......................................... 23 6.12 Payments Withheld. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 6.13 Delayed Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 rMr .JOB NO. 03-093 City of La Porte Public Work's Metal BuildinK GENERAL CONDITIONS OF AGREEMENT l.DEFINITIONS AND INTERPRETATION 1.01 OWNER, CONTRACTOR AND ENGINEER. The OWNER, the CONTRACTOR and the ENGINEER are those persons or organizations identified as such in the Agreement. The term ENGINEER means a person authorized to act as a representative of the entity designated by the OWNER to provide engineering or other professional services required in connection with the preparation and performance of this Contract. 1.02 CONTRACT DOCUMENTS. The contract documents shall consist of all of the documents contained, assembled and bound including, whether or not labeled as such, Contractor's Proposal, signed Agreement, Performance and Payment Bonds (if required), Special Bonds (when required), General Conditions of Agreement, Special Conditions of Agreement, Insurance Certificate, Technical Specifications, Plans and all modifications thereof incorporated in any of the documents before the execution of the Agreement, and any other document, whether or not labeled, which shall become a part of the set of documents bound together with the General Conditions of Agreement. The contract documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflicts between any of the contract documents shall be resolved first by reference to these General Conditions of Agreement; and in the event the General Conditions of Agreement do not address such conflict, then the designated ENGINEER shall resolve any conflict by a written interpretation, copies of which shall be forwarded to all parties to the Contract, and the original shall be attached to and shall become a part of these General Conditions of Agreement and thus a part of the contract documents. 1.03 SUBCONTRACTOR. The term " subcontractor" , as employed herein, includes only those having a direct contract with the CONTRACTOR for performance of work on the project contemplated by these contract documents. OWNER shall have no responsibility to any subcontractor employed by CONTRACTOR for performance of work on the project contemplated by these contract documents, and any such subcontractor shall look exclusively to CONTRACTOR for any payments due subcontractor. 1.04 WRITTEN NOTICE. Written Notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by Certified Mail, Return Receipt Requested, to the last known business address or registered office of such individual, firm or corporation. 1.05 WORK. Unless otherwise stipulated, the CONTRACTOR shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, services, insurance, and all water, light, power, fuel, transportation and all other facilities or services of any nature whatsoever necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new, and both workmanship and materials shall be of good quality. The CONTRACTOR shall, if required by the ENGINEER as representative of the OWNER, furnish satisfactory evidence as to the kind and quality ofmaterials. Materials or work described in words which so applied have well-known, technical or trade meaning shall be held to refer to such recognized standards. All work shall be done and all materials shall be furnished in strict conformity with the contract documents. eM! JOB NO. 03-093 GC-I City of La Porte Public Work's Metal Building 1.06 EXTRA WORK. The term "Extra Work", as used in this Contract, shall be understood to mean and include all work that may be required by the ENGINEER as representative of the OWNER, to be done by the CONTRACTOR to accomplish any change, alteration or addition to the work shown upon the plans or reasonably implied by the specifications, and which shall, prior to the commencement of such work, be authorized in writing by the ENGINEER. 1.07 WORKING DAY. A "working day" is defined as any day not including Saturdays, Sundays or any legal holidays, in which weather or other conditions not under the control of the CONTRACTOR, will permit construction of the principal units of the work for a period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m. 1.08 CALENDAR DA Y. A "calendar day" is any day of the week or month, no days being excepted. 1.09 SUBST ANTIALL Y COMPLETED. The term "substantially completed", as used in this Contract, means that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but shall require minor miscellaneous work and adjustment. 1.10 INTERPRETATION OF WORDS AND PHRASES. Whenever the words "directed", "permitted", "designated", "required", "considered necessary", "prescribed" or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the ENGINEER as the OWNER's representative is intended. Similarly, the words "approved", "acceptable", "satisfactory" or words of like import shall mean that no exception is taken, but does not relieve CONTRACTOR of responsibility for performance of project requirements. Whenever in the Specifications or drawings accompanying this Agreement, the terms of description of various qualities relative to finish, workmanship or other qualities of similar kind which cannot, from their nature, be specifically and clearly described and specified, but are necessarily described in general terms, the fulfillment of which must depend on individual judgment, then, in all such cases, any question of the fullfillment of said Specifications shall be decided by the ENGINEER as the OWNER's representative, and said work shall be done in accordance with his interpretations of the meaning of the words, terms or clauses defining the character of the work. 1.11 REFERENCED STANDARDS. No provision of any referenced standard specification, or manual shall be effective to change the duties and responsibilities of the Owner, Engineer, Contractor, or their consultants, employees, or representatives from those set forth in the Contract Documents, nor shall it be effective to assign to the Engineer or its consultants, employees, or representatives any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibilities contrary to provisions of the Contract Docwnents. 1.12 SPECIAL CONDITIONS. In the event Special Conditions are contained herein as part of the contract documents and said Special Conditions conflict with any of the General Conditions contained in this Contract, then in such event the Special Conditions shall control. CMI JOB NO. 03-093 GC-2 City of La Porte Public Work's Metal Building 2.. RIGHTS AND RESPONSffiILITIES OF THE OWNER 2.01 ADEQUACY OF DESIGN. It is understood that the OWNER believes it has employed competent engineers and/or designers. It is, therefore, agreed that the OWNER shall be responsible for the adequacy of the design, sufficiency of the contract documents, the safety of the structure and the practicability of the operations of the completed project, provided that the CONTRACTOR has complied with the requirements of the said contract documents, all approved modifications thereof and additions and alterations thereto approved in writing by the OWNER. The burden of proof of such compliance shall be upon the CONTRACTOR to show that he has complied with the requirements of the contract documents and approved modifications thereof and all approved additions and alterations, thereto, as the same shall have been interpreted by the ENGINEER. 2.02 RIGHT OF ENTRY. The OWNER reserves the right to enter the property or location on which the work herein contracted for is to be constructed or installed, for itself or such agent or agents as it may select, for the purpose of inspecting the work, or for the purpose of constructing or installing such collateral work as the OWNER may desire. The OWNER shall have the right to make inspections at all reasonable times, and the CONTRACTOR shall have no cause to complain if his work shall be delayed by reason of such inspection, construction or installation of collateral work. ,2.03 OWNERSIDP OF DRAWINGS. All drawings, specifications and copies thereoffumished by the ENGINEER shall not be reused on other work and, with the exception of the sets forming the part of the signed contract documents, are to be returned to the ENGINEER on request at the completion of the work. Any models are the property of the OWNER. 2.04 CHANGES AND ALTERATIONS. The CONTRACTOR further agrees that the OWNER may make such changes and alterations as the OWNER may see fit, in the line, grade, form, dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of construction, without affecting the validity of this Contract and the accompanying Performance and Payment Bonds. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages or anticipated profits on the work that may be dispensed with. If the amount of work is increased and the work can fairly be classified under the specifications, such increase shall be paid for according to the quantity actually done and at the unit price, if any, established for such work under this Contract, except as hereinafter provided for unit price items under Article 6 hereof; otherwise, such additional work shall be paid for as provided under Article7 hereof for Extra Work. In case the OWNER shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the OWNER shall compensate the CONTRACTOR for any material or labor so used and for any actual loss occasioned by such change due to actual expenses incurred in preparation for the work as originally planned. 2.05 DAMAGES. In the event the CONTRACTOR is damaged in the course of the completion of the work by the act, negligence, omission, mistake or default of the OWNER or of the ENGINEER or of any other CONTRACTOR employed by the OWNER upon the work, thereby causing loss to the CONTRACTOR, the OWNER agrees that he will reimburse the CONTRACTOR for such loss. In the event the OWNER is damaged in the course of the work by the act, negligence, omission, mistake or default of the CONTRACTOR, or should the CONTRACTOR unreasonably delay the progress of the work being done by others on the job so as to cause eM! JOB NO. 03-093 GC-3 City of La Porte Public Work's Metal Building loss for which the OWNER becomes liable, then the CONTRACTOR shall reimburse the OWNER for such loss. 3. RIGHTS AND RESPONSIBILITIES OF THE ENGINEER 3.01 OWNER-ENGINEER RELATIONSHIP. The ENGINEER shall serve as the OWNER'S representative during construction. The duties, responsibilities and limitations on the authority of the ENGINEER as the OWNER's representative during construction are set forth in the contract documents; and the ENGINEER shall not have authority to extend the OWNER's liability or to bind the OWNER for any additional liability of any nature whatsoever without the written consent of the OWNER. The ENGINEER shall advise the OWNER as to the progress of the work, and any instructions by the OWNER to the CONTRACTOR shall be issued through the ENGINEER. , It is the intent of this Agreement that there shall be no delay in the execution of the work; therefore, written decisions or directions rendered by the ENGINEER as the OWNER's representative shall be promptly carried out, and any claim arising therefrom shall be adjusted as hereinafter provided. Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the ENGINEER shall review all work included herein and shall have the authority to issue written stop work orders whenever such stoppage may be necessary to insure the proper execution of this Contract. 3.02 KEEPING-OF PLANS AND SPECIFICATIONS ACCESSIBLE. The ENGINEER shall furnish the CONTRACTOR with an adequate and reasonable number of copies of all Plans and Specifications without expense to the CONTRAC:TOR, and the CONTRACTOR shall keep one copy of the same constantly accessible on the job site, with the latest revisions noted thereon. The CONTRACTOR shall be responsible for preserving the Plans and Specifications for reference and review by the OWNER or the ENGINEER. 3.03 PRELIMINARY APPROVAL. The ENGINEER shall not have the power to waive the obligations imposed under this Contract for the furnishing by the CONTRACTOR of good material, and for performing good work as herein described, and in full accordance with the Plans and Specifications, without alteration, deletion or change. No failure or omission of the ENGINEER to discover, object to or condemn any defective work or material shall release the CONTRACTOR from the obligation to fully and properly perform the Contract, including without limitation, the obligation to at once tear out, remove and properly replace any defective work or material at any time prior to final acceptance, upon discovery of such defective work or material; provided, however, that the ENGINEER shall, upon request of the CONTRACTOR, inspect and accept or reject any material furnished, and in the event the material has been once accepted by the ENGINEER, such acceptance shall be binding on the OWNER, unless it can be clearly shown that such material furnished does not meet the specifications for this work. Any questioned work may be ordered taken up or removed for re-examination by the ENGINEER prior to final acceptance, and if found not to be in accordance with the specifications for said work, all expense of removing, re-examination and replacement shall be borne by the CONTRACTOR; otherwise the expense thus incurred shall be allowed as Extra Work and shall be paid for by the OWNER, provided that where inspection or approval is specifically required by the Specifications prior to performance of certain work, should the CONTRACTOR proceed with such work without requesting prior inspection or approval, he shall bear all expense of taking up, removing and replacing this work if so directed by the ENGINEER. eMf JOB NO. 03-093 GC-4 City of La Porte Public Work's Metal Building 3.04 INSPECTION BY ENGINEER. The ENGINEER shall make periodic visits to the site to observe the progress and quality. of the executed work and to determine if such work generally meets the essential performance and design features and the technical, functional and/or engineering requirements of the contract documents, and is in all otl1er respects being performed in compliance with the contract documents. However, the ENGINEER shall not be responsible for making any detailed, exhaustive, comprehensive or continuous on-site inspections to check the quality and/or quantity of the work, nor shall the ENGINEER be in any way responsible, directly or indirectly, for the construction means, methods, techniques, sequences, quality, procedures, programs, safety precautions or lack of same incident to the work being performed or any part thereof. The ENGINEER shall use reasonable care to prevent deviation from the intent and substance of the contract documents by the CONTRACTOR in the performance of the work and any part thereof and, on the basis of such on-site observations, will keep the OWNER informed of the progress of the work and will endeavor to guard the OWNER against defects and deficiencies in the work of the CONTRACTOR. Notwithstanding any other provision of this Agreement or any other contract document, the ENGINEER shall not be in any way responsible or liable for any acts, errors, omissions or negligence of the CONTRACTOR, any subcontractors' agents, servants or employees or any other person, firm or corporation performing or attempting to perform any of the work. 3.05 DETERMINATION OF QUESTIONS AND DISPUTES. In order to prevent delays and disputes and to discourage litigation, it is agreed that the ENGINEER shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under this Contract. The ENGINEER shall determine all questions in relation to said work and the construction thereof, as well as all claims, disputes and other matters in question between the CONTRACTOR and the OWNER relating to the execution or progress of the work or the interpretation of the contract documents. In the event the ENGINEER shall become aware of or shall receive information that there is a dispute or a possible dispute as to the reasonable interpretation of the terms and conditions of the contract documents, or any other dispute, claim or question, the ENGINEER shall, within a reasonable time, provide a written interpretation of the contract documents or a written decision on all claims of the parties hereto and on all questions arising relative to the execution of the work, copies of which shall be delivered to all parties to the Contract, and the original thereof shall become a part of the contract documents and shall be binding and final as to all parties to the Contract. 3.06 OBJECTIONS. In the event the ENGINEER renders any decision which, in the opinion of either the OWNER or the CONTRACTOR, is not in accordance with the meaning and intent of this Contract, either party may, within thirty (30) days of receipt of such decision, file its written objection to the decision with the ENGINEER; and the ENGINEER shall, upon receipt of such written objection and within twenty (20) days thereafter, review the same and render a written affirmation or modification of the original interpretation, which shall become a part of the contract documents. Either party who shall remain aggrieved after the ENGINEER has rendered his affirmation or modification of his previous decision, shall have the right, within a period not to exceed sixty (60) days after the ENGINEER has filed his affirmation or modification of the decision with the Owner, to file suit in the District Court having jurisdiction, seeking a declaratory judgment or other relief to determine the intent of the contract documents. If any aggrieved party shall fail to file such a petition with the District Court within the time specified, the decision of the ENGINEER shall become final and binding and non-appealable. rMI.lOB NO 03-093 GC-5 City of La Porte Public Work's Metal Building 3.07 RECOMMENDATION OF PAYMENT. The ENGINEER shall review the CONTRACTOR's application for payment and supporting documents, shall determine the amount owed to the CONTRACTOR and shall provide written recommendation to the OWNER for payment to the CONTRACTOR in such amount. Such recommendation of payment to CONTRACTOR shall constitute a representation to the OWNER of the ENGINEER's judgment. that the work has progressed to the point indicated, to the best of his knowledge, information and belief; however, such recommendation of an application for payment to CONTRACTOR shall not be deemed to be a representation by the ENGINEER that any examination has been made to determine how Dr for what purpose CONTRACTOR has used the monies paid on account of the contract price. As a condition offinal payment, the CONTRACTOR shall execute an Agreement for Final Payment and CONTRACTOR's Sworn Release, in a form as included herein and made a part of these contract documents, being its agreement to accept the amount recommended by the ENGINEER as full payment for the work that has been completed as set out in the CONTRACTOR's application for payment and supporting data. 4. RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR 4.01 INDEPENDENT CONTRACTOR. CONTRACTOR is, and shall remain, an independent CONTRACTOR, solely responsible for the manner and method of completing the work under this Contract, with full and exclusive power and authority to direct, supervise and control his own employees and to determine the means, method and manner of performing such work, so long as such methods do not adversely affect the completed improvements or any other property abutting or adjoining the work area, the OWNER and ENGINEER being interested only in the result obtained and conformity of such completed improvements to the Plans, Specifications and Contract. The fact that the OWNER or ENGINEER as the OWNER's representative shall have the right to observe CONTRACTOR's work during his performance and to carry out the other prerogatives which are expressly reserved to and vested in the OWNER and the ENGINEER hereunder, is not intended to and shall not at any time change or affect the status ofthe CONTRACTOR as an independent CONTRACTOR with respect to either the OWNER or the ENGINEER as the OWNER's representative or to the CONTRACTOR's own employees or to any other person, firm or corporation. 4.02 CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the CONTRACTOR has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which in any way affect the work under this Contract. It is further understood that the CONTRACTOR has satisfied himself as to the terms, meaning and intent of all of the contract documents and understands the meanings of all parts of such documents or other factors affecting the work, which were not previously understood. No verbal agreement or conversation with any officer, agent or employee of the OWNER or the ENGINEER, either before or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained. 4.03 LAWS AND ORDINANCES. The CONTRACTOR shall at all times observe and comply with all federal, state or local laws, ordinances and regulations, regardless of whether the same are adopted before or after the execution of this Contract, which in any manner affect the Contract or the work, and shall indemnify, save and hold harmless the OWNER and the ENGINEER against any claim arising out of the violation of any such laws, ordinances and regulations, whether by the CONTRACTOR or his employees. If the CONTRACTOR observes eMf JOB NO. 03-093 GC~n City of La Porte Public Work's Metal Building that the Plans and Specifications are at variance with federal or state laws or the ordinances or regulations of the OWNER, he shall promptly notify the ENGINEER in writing, and any necessary changes shall be made as provided in the Contract for changes in the work. If the CONTRACTOR performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the ENGINEER, he shall bear all costs arising therefrom. The OWNER is a municipal corporation of the State of Texas, and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the OWNER may enter into contracts, shall be controlling and shall be considered as part of this Contract to the same effect as though embodied herein. The Code of Ordinances of the OWNER and other applicable regulations of the OWNER shall be deemed to be embodied in this Contract. 4.04 ASSIGNMENT AND SUBLETTING. The CONTRACTOR further agrees that he will retain personal control and will give his personal attention to the fulfillment of this Contract and that he will not assign, by power of attorney or otherwise, or sublet said Contract without the written consent of the ENGINEER, and that no part or feature of the work will be sublet to anyone objectionable to the ENGINEER or the OWNER. In addition, the OWNER reserves the right to disapprove the subletting of this Contract or any portion hereof on any basis whatsoever. The CONTRACTOR further agrees that the subletting of any portion or feature of the work or materials required in the performance of this Contract shall not relieve the CONTRACTOR from his obligations to the OWNER, as provided for by this Agreement. Under no conditions shall the CONTRACTOR sublet more than fifty percent of the work under this Contract. 4.05 PERFORMANCE AND PAYMENT BONDS. The CONTRACTOR shall execute separate Performance and Payment Bonds, each in the sum of one hundred percent (100%) of the total contract price, which shall be increased at any time to cover any change orders, additives or add-ons, in accordance with the provisions of Chapter 2253 of the Texas Government Code. All required bonds shall be submitted on forms supplied by the OWNER for this purpose, guaranteeing the faithful performance of the work and fulfillment of any guarantees required, and further guaranteeing payment to all persons supplying labor and materials or furnishing him any equipment in the execution of the Contract. It is agreed that the Contract shall not be in effect until such Performance and Payment Bonds are furnished and approved by the OWNER. Each such bond shall be executed by a corporate surety or corporate sureties duly authorized to do business in the State of Texas. The cost of the premium for the Performance and Payment Bonds shall be included in the CONTRACTOR's Proposal. 4.06 INSURANCE. The CONTRACTOR, at his own expense, shall procure, maintain and keep in force throughout the life of this Contract, and for one additional year, insurance as hereinafter specified. Such insurance shall be carried with an insurance company licensed to transact business in the State of Texas and shall cover all operations in connection with this Contract, whether performed by the CONTRACTOR or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. CMI JOB NO. 03-093 GC-7 City of La Porte Public Work's Metal Building No policy shall be written on a "claims made" form. The OWNER and the ENGINEER, their agents and employees, shall be named as an additional insured on CONTRACTOR'S Commercial General Liability, Automobile Liability and excess or Umbrella Liability policies. OWNER may waive the additional insured requirement under the Commercial General Liability policy if an OWNER's and CONTRACTOR's Protective Liability policy with general aggregate limits of $2,000,000.00, with $1,000,000.00 per occurrence limit, is provided. The contractual liability coverage in the Commercial General Liability policy shall not be excluded. The following insurance coverages will be carried and certified. (1) Worker's Compensation and Insurance Coverage. Attachment No.1 to these General Conditions contains statutory requirements for Worker's Compensation Insurance. The Employer's Liability Insurance shall have limits as follows: Bodily injury by accident: Each accident. Bodily injury by disease: Policy limit. Bodily injury by disease: Each employee. $500,000 $500,000 $500,000 It shall also be endorsed to waive the carrier's right of subrogation against the OWNER. (2) Commercial General Liability Insurance, which shall have the following limits: General aggregate limit: Products-Completed Operations aggregate limit: Personal and Advertising Injury limit: Each Occurrence limit: Fire Damage limit: Medical Expense limit: $2,000,000. $2,000,000. $1,000,000. $1,000,000. $ 50,000. $ 5,000. It shall be endorsed to waive the carrier's right of subrogation against the OWNER. It shall also be endorsed to specify that the above limits apply separately to each location. (3) Automobile Liability Insurance, which shall have the following limits: Bodily injury per person: Bodily injury per accident: Property damage: $250,000. $500,000. $250,000. eMf JOB NO. 03-093 GC-8 City of La Porte Public Work's Metal Building Or a policy providing combined single limits of $750,000. It shall be endorsed to waive the carrier's right of subrogation against the OWNER. (4) OWNER, at its own discretion, may require and umbrella or excess limits liability policy. In the event the CONTRACTOR shall fail to provide insurance as herein required, or be subject to claim, demand or litigation growing out of or arising from a claim not contemplated herein, such failure on the part of the CONTRACTOR shall not serve to release or in any way discharge or shift the liability of the CONTRACTOR to the ENGINEER or OWNER; BUT THE CONTRACTOR DOES HEREIN AGREE TO INDEMNIFY AND HOLD THE ENGINEER AND OWNER HARMLESS FROM ANY AND ALL CLAIMS GROWING OUT OF OR ARISING BY REASON OF ANY OF THE CIRCUMSTANCES HEREIN ENUMERATED, OR ANY OTHER CLAIMS OR DEMANDS MADE BY ANY PERSON, GROWING OUT OF OR ARISING BY REASON OF THE WORK PERFORMED BY THE CONTRACTOR. 4.07 CERTIFICATE OF INSURANCE. Before work on this Contract is commenced, and within ten (10) days after notification of award of contract, the CONTRACTOR and each subcontractor shall submit to the OWNER for approval, certificates of insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company, setting forth: (1) The name and address of the insured; (2) The location of the operations to which the insurance applies; (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificates. (5) A statement that the insurance of the type afforded by the policy applies to all of the operations of whatever character, which are undertaken by the insured during the performance of this Contract, provided such operations are required in the performance of the Contract; (6) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the policy, stating when, not less than thirty (30) days thereafter, cancellation of such policy shall be effective, with a copy of such letter of intent to the OWNER. (7) Waiver of Subrogation in favor of the Owner eMf JOB NO. 03-093 GC-9 City ojLa Porte Public Work's Metal Building 4.08 PERMITS AND FEES. Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for all construction permits, licenses, and inspections necessary for proper execution and completion of the Work and which are legally required at the time bids are received. 4.09 TEXAS STATE SALES TAX. Materials incorporated into this project are exempt from State Sales Tax according to provisions of the Texas Tax Code, Chapter 151, Subsection H. The Contractor must obtain a limited sales, excise and use tax permit or exemption certificate which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 4.10 CONTRACTOR'S DUTY AND SUPERINTENDENCE. The CONTRACTOR shall give adequate attention to the faithful prosecution and completion of this Contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to the ENGINEER as the OWNER'S representative. The superintendent shall represent the CONTRACTOR in his absence and shall act as the employee or agent of the CONTRACTOR, and all directions given to him shall be binding as if given to the CONTRACTOR. Adequate supervision by competent and reasonable representatives of the CONTRACTOR is essential to the proper performance of the work, and lack of such supervision shall be grounds for suspending operations of the CONTRACTOR. The work, from its commencement to completion, shall be under the exclusive charge and control of the CONTRACTOR, and all risk in connection therewith shall be borne by the CONTRACTOR. Neither the OWNER nor the ENGINEER as the OWNER's representative will be responsible for the acts or omissions of the CONTRACTOR, its subcontractors or any of its agents or employees, or any other persons performing any of the work. 4.11 CHARACTER OF WORKERS. The CONTRACTOR agrees to employ only orderly and competent workers, skillful in the performance of the type of work required under this Contract, to do the work, and agrees that whenever the ENGINEER shall inform him in writing that any worker or workers on the work are, in his opinion, incompetent, unfaithful or disorderly, or in the ENGINEER's opinion, are not using their best efforts for the progress of the work, such worker or workers shall be discharged from the work and shall not again be employed on the work without the ENGINEER's written consent. 4.12 LABOR, EQUIPMENT, MATERIALS, CONSTRUCTION PLANT AND BUILDINGS. The CONTRACTOR shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this Contract where it is not otherwise specifically provided that the OWNER shall furnish same; and further, the CONTRACTOR shall be responsible for the care, preservation, conservation and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, all means of construction and any and all parts of the work, whether the CONTRACTOR has been paid, partially paid or not paid for such work, until the entire work is completed and accepted. eMf JOB NO. 03-093 GC-IQ City of La Porte Public Work's Metal Building Temporary buildings or structures for the use of the Contractor will be permitted only at such places as the ENGINEER shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the ENGINEER. Any temporary structures of any nature constructed or erected by the CONTRACTOR shall be the sole responsibility of the CONTRACTOR as to the proper erection or construction thereof; and the CONTRACTOR agrees to indemnify and hold the ENGINEER or OWNER harmless from any claims of any nature whatsoever brought against either of them for damages allegedly sustained by anyone by reason of the erection, construction or maintenance of CONTRACTOR's buildings. 4.13 SANIT A TION. Necessary sanitary conveniences for the use oflaborers on the work site, properly secluded from public observation, shall be constructed and maintained by the CONTRACTOR in such manner and at such points as shall be approved by the ENGINEER, and their use shall be strictly enforced. Any structures of any nature constructed or erected by the CONTRACTOR for the purposes herein set out, shall be the sole responsibility of the CONTRACTOR as to the proper erection or construction thereof, and the CONTRACTOR agrees to indemnify and hold the ENGINEER or OWNER harmless from any claims of any nature whatsoever brought against either of them for damages allegedly sustained by anyone by reason of the erection, construction or maintenance of CONTRACTOR's buildings. 4.14 CLEANING AND MAINTENANCE. The CONTRACTOR shall at all times keep and maintain the premises free from accumulation of debris caused by the work, and at the completion of the work, he shall removal all such debris and also his tools, scaffolding and surplus materials and shall leave the work broom-clean or its equivalent. The work shall be left in good order and condition. In case of dispute, the OWNER may remove the debris and charge the cost to the CONTRACTOR. 4.15 PERFORMANCE OF WORK. It is further agreed that it is the intent of this Contract that all work must be done and all material must be furnished in accordance with the generally accepted practice for such materials furnished or work completed. 4.16 RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT. If at any time the methods or equipment used by the CONTRACTOR are found to be inadequate to secure rate of progress required under this Contract, the OWNER or the ENGINEER as the OWNER'S representative may order the CONTRACTOR in writing to improve their efficiency, and the CONTRACTOR shall comply with such order. Ifat any time the working force of the CONTRACTOR is inadequate for securing the progress herein specified, the CONTRACTOR shall, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 4.17 LA YOUT OF WORK. Except as specifically provided herein, the CONTRACTOR shall be responsible for laying out work and shall accomplish this work in a manner acceptable to the ENGINEER. '::MI JOB NO. 03-093 GC-ll City of La Porte Public Work's Metal Building 4.18 SHOPDRA WINGS. The CONTRACTORshallsubmitto the ENGINEER, with such promptness as to cause no delay in his own work or in that of any other contractor, checked copies, in the number indicated in the technical specifications, of all shop and/or setting drawings and schedules required for the work of the various trades. CONTRACTOR will check and approve shop drawings for compliance with requirements of Contract and will so certify by stamp on each drawing prior to submittal to ENGINEER. Any drawings submitted without CONTRACTOR's stamp of approval will not be considered and will be returned to him for proper submission. The ENGINEER shall pass upon them with reasonable promptness, indicating desired correction. The CONTRACTOR shall make any corrections required by the ENGINEER, file with him two (2) corrected copies and furnish such other copies as may be needed. The ENGINEER's approval of such drawings or schedules shall not relieve the CONTRACTOR from responsibility for deviations from drawings or specifications, unless he has, in writing, called the ENGINEER's attention to such deviations at the time of the submission, and the ENGINEER has acknowledged such deviations in writing, nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. It shall be the CONTRACTOR's responsibility to fully and completely review all shop drawings to ascertain their effect on his ability to perform the required contract work in accordance with the Plans and Specifications and within the contract time. Such review by the ENGINEER shall be for the sole purpose of determining the sufficiency of said drawings or schedules to result in finished improvements in conformity with the Plans and Specifications, and shall not relieve the CONTRACTOR of his duty as an independent CONTRACTOR as previously set forth, it being expressly understood and agreed that the ENGINEER does not assume any duty to pass upon the propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby, in relation to the safety of either person or property during CONTRACTOR's performance hereunder, and any action taken by the ENGINEER shall not relieve the CONTRACTOR of his responsibility and liability, as set out in the contract documents. 4.19 ENGINEER-CONTRACTOR RELATIONSHIP; OBSERVATIONS. It is agreed by the CONTRACTOR that the ENGINEER, as the OWNER's representative, shall be and is hereby authorized to appoint such subordinate ENGINEERS, supervisors or observers as the said ENGINEER may from time to time deem proper to observe the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefor. The CONTRACTOR shall furnish all reasonable aid and assistance required by the subordinate ENGINEERS, supervisors or observers for the proper observation and examination of the work. The CONTRACTOR shall regard and obey the directions and instructions of any subordinate ENGINEERS, supervisors or observers so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying Plans and Specifications, provided, however, should the CONTRACTOR object to any orders by any subordinate ENGINEER, supervisor or observer, the CONTRACTOR may, within six (6) days, make written appeal to the ENGINEER for his decision. eMf JOB NO. 03-093 GC-12 City of La Porte Public Work's Metal Building 4.20 OBSERVATION AND TESTING. The OWNER or the ENGINEER as the OWNER's representative shall have the right at all reasonable times to observe and test the work. The CONTRACTOR shall make all necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever work is in preparation or progress. The CONTRACTOR shall ascertain the scope of any observation which may be contemplated by the OWNER or the ENGINEER and shall give ample notice as to the time each part of the work will be ready for such observation. The OWNER or the ENGINEER may reject any work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors, and regardless of whether the ENGINEER has previously accepted the work through oversight or otherwise. If any work is covered without approval or consent of the OWNER, it must, if requested by the OWNER or the ENGINEER, be uncovered for examination, at the sole expense of the CONTRACTOR. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for the OWNER or the ENGINEER to make observations of such work or require testing of said work, then in such event, the OWNER or the ENGINEER may require the CONTRACTOR to furnish the OWNER or the ENGINEER with certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any work which is required to be inspected, tested or approved is covered up without written approval or consent of the OWNER or the ENGINEER, it must, if requested by the OWNER or the ENGINEER, be uncovered for observation and testing, at the sole expense of the CONTRACTOR. The cost of all such inspections, tests and approvals shall be borne by the CONTRACTOR unless otherwise provided herein. Any work which fails to meet the requirements of such tests, inspections or approval, and any work which meets the requirements of any such tests or approval but does not meet the requirements of the contract documents shall be considered defective. Such defective work shall be corrected at the CONTRACTOR'S expense. Neither observations by the OWNER or by the ENGINEER, nor inspections, tests or approvals made by the OWNER, the ENGINEER or other persons authorized under this Agreement to make such inspections, tests or approvals, shall relieve the CONTRACTOR from his obligation to perform the work in accordance with the requirements of the contract documents. 4.21 DEFECTS AND THEIR REMEDIES. It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the ENGINEER as unsuitable or not in conformity with the Plans and Specifications, the CONTRACTOR shall, after receipt of written notice thereof from the ENGINEER, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this Contract. It is further agreed that any such remedial action contemplated herein shall be at CONTRACTOR's expense. eM! JOB NO. 03-093 GC- I3 City of La Porte Public Work's Metal Building 4.22 LIABILITY FOR PROPER PERFORMANCE. Engineering construction drawings and specifications, as well as any additional instructions and information concerning the work to be performed, passing from or through the ENGINEER, shall not be interpreted as requiring or allowing the CONTRACTOR to deviate from the Plans and Specifications contained as a part of the contract documents, the intent of such drawings, specifications and any other such instructions being to define with particularity the agreement of the parties as to work the CONTRACTOR is to perform. CONTRACTOR shall be fully and completely liable and contractually bound, at his own expense, for design, construction, installation and use or non-use of all items and methods instant to the performance of the Contract, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, similar items or devices used by him during construction, and work performed either directly or incident to construction, and for all loss, damage or injury incident thereto, either to person or property, whether such damage be suffered by the ENGINEER, the OWNER or any other person not a party to this Contract. Any review of work in progress or any visit or observation during construction, or any clarification of Plans and Specifications by the ENGINEER or OWNER, or any agent, employee or representative of either of them, whether through personal observation on the project site or by means of approval of shop drawings for construction or construction processes, or by other means or methods, is agreed by the CONTRACTOR to be for the purpose of observing the extent and nature of work completed or being performed, as measured against the drawings and specifications which are part of the Contract, or for the purpose of enabling the CONTRACTOR to more fully understand the Plans and Specifications so that the completed construction work will conform thereto, and shall in no way relieve the CONTRACTOR from full and complete responsibility for proper performance of his work on the project, including, without limitation, the propriety of means and methods of the CONTRACTOR in performing said Contract, and the adequacy of any designs, plans or other facilities for accomplishing such performance. Any action by the ENGINEER or the OWNER in visiting or observing during construction, or any clarification of Plans and Specifications shall not constitute a waiver of CONTRACTOR'S liability for damages as herein set out. Deviation by the CONTRACTOR from Plans and Specifications, whether called to the CONTRACTOR's attention or not, shall in no way relieve CONTRACTOR from his responsibility to complete all work in accordance with said Plans and Specifications, and further shall not relieve CONTRACTOR of his liability for loss, damage or injury as herein set out. 4.23 PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC. The CONTRACTOR shall take out and procure a policy or policies of Worker's Compensation Insurance with an insurance company licensed to transact business in the State ofT exas, which policy shall comply with the Worker's Compensation laws of the State of Texas. The CONTRACTOR shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of the Associated General CONTRACTORS of America, except where incompatible with federal, state or municipal laws or regulations. The CONTRACTOR shall provide such machinery guards, safe walkways, ladders, bridges, gangplanks and other safety devices. All accidents or injuries to CONTRACTOR's employees working on the job site must be immediately reported to the ENGINEER. CMI JOB NO. 03-093 GC-14 City of La Porte Public Work's Metal Building The safety precautions actually taken and their adequacy shall be the sole responsibility of the CONTRACTOR, in his sole discretion as an independent CONTRACTOR. Inclusion of this paragraph in the Agreement, as well as any notice which may be given by the OWNER or the ENGINEER as the OWNER's representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the CONTRACTOR of his duty and shall not be construed as any assumption of duty to supervise safety precautions by either the CONTRACTOR or any of his subcontractors. 4.24 PROTECTION OF ADJOINING PROPERTY. The CONTRACTOR shall employ proper means to protect the adjacent or adjoining property or properties in any way encountered, which might be injured or seriously affected by any process of construction to be undertaken under this Agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjoining property. THE CONTRACTOR AGREES TO INDEMNIFY, SA VE AND HOLD THE OWNER AND ENGINEER AGAINST ANY CLAIM OR CLAIMS FOR DAMAGES DUE TO ANY INJURY TO ANY ADJACENT OR ADJOINING PROPERTY, ARISING OR GROWING OUT OF THE PERFORMANCE OF THE CONTRACT. 4.25 PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES. THE CONTRACTOR AGREES THAT HE WILL INDEMNIFY, SAVE AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ALL CLAIMS GROWING OUT OF THE LAWFUL DEMANDS OF SUBCONTRACTORS, LABORERS, WORKERS, MECHANICS, MATERIALMEN AND FURNISHERS OF MACHINERY AND PARTS THEREOF, EQUIPMENT, POWER TOOLS AND ALL SUPPLIES, INCLUDING COMMISSARY, INCURRED IN THE FURTHERANCE OF THE PERFORMANCE OF TIDS CONTRACT. When so desired by the OWNER, the CONTRACTOR shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the CONTRACTOR fails to do so, then the OWNER may, at the option of the OWNER, either pay directly any unpaid bills of which the OWNER has written notice, or withhold from the CONTRACTOR's unpaid compensation a sum of money deemed reasonably sufficient to liquidate any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payments to the CONTRACTOR shall be resumed in full, in accordance with the terms of this Contract. Any and all communications between any parties under this paragraph shall be in writing. eM/JOB NO. 03-093 GC-15 City of La Porte Public Work's Metal Building 4.26 PROTECTION AGAINST ROYAL TIES OR PATENTED INVENTION. The CONTRACTOR shall pay all royalties and license fees and shall provide for the use of any design, device, material or process covered by letters patent or copyright, by suitable legal agreement with the patentee or OWNER thereof. THE CONTRACTOR SHALL DEFEND ALL SUITS OR CLAIMS FOR INFRINGEMENT OF ANY PATENT ORCOPflUGHTANDSHALLINDEMNllY,SAVEANDHOLDTHEO~RANDTHEENG~ER HARMLESS FROM ANY LOSS ON ACCOUNT THEREOF, EXCEPT THAT THE OWNER SHALL DEFEND ALL SUCH SUITS AND CLAIMS AND SHALL BE RESPONSmLE FOR ALL SUCH LOSS WHEN A PARTICULAR DESIGN, DEVICE, MATERIAL OR PROCESS OR THE PRODUCT OF A PARTICULAR MANUFACTURER OR MANUFACTURERS IS SPECIFIED OR REQUIRED BY THE O~R; PROVIDED, HOWEVER, IF CHOICE OF AL TERNA TE DESIGN, DEVICE, MATERIAL OR PROCESS IS ALLOWED TO THE CONTRACTOR, THEN THE CONTRACTOR SHALL INDEMNllY, SAVE AND HOLD THE OWNER HARMLESS FROM ANY LOSS ON ACCOUNT THEREOF. In addition, if the material or process specified or required by the OWNER is an infringement, the CONTRACTOR shall be responsible for such loss unless he promptly advises the OWNER of such infringement. 4.27 INDEMNIFICATION. The CONTRACTOR shall be solely responsible for the safety of himself, his employees and all other persons, as well as for the protection of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. THE CONTRACTOR AGREES TO INDEMNIFY AND HOLD THE ENGINEER AND THE OWNER HARMLESS FROM ANY CLAIMS OR DEMANDS OF ANY NATURE WHATSOEVER MADE BY ANY EMPLOYEE, EMPLOYEES, AGENTS OR SUBCONTRACTORS OF CONTRACTOR, OR BY ANY UNION, TRADE ASSOCIATION, WORKER'S ASSOCIATION OR OTHER GROUPS, ASSOCIATIONS OR INDIVIDUALS, ALLEGEDL YREPRESENTING EMPLOYEES OF THE CONTRACTOR, IN ANY DISPUTE BETWEEN THE CONTRACTOR AND IDS EMPLOYEES, DIRECTLY OR INDIRECTLY INVOLVING, GROWING OUT OF OR ARISING FROM CLAIMS BY SUCH EMPLOYEES FOR WAGES, SALARY, WORKING CONDITIONS OR ANY OTHER COMPLAINT OR CLAIM WIDCH MAY BE MADE. THE CONTRACTOR, IDS SURETIES AND INSURANCE CARRIERS SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE OWNER AND THE ENG~ER AND THEIR RESPECTIVE OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ALL DAMAGES, CLAIMS, LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS OF ANY CHARACTER WHATSOEVER, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES, AND SHALL BE REQUIRED TO PAY ANY JUDGMENT THEREFOR, WITH COSTS, WHICH MAY BE OBTAINED AGAINST THE OWNER AND/OR THE ENGINEER OR ANY OF THEIR OFFICERS, AGENTS OR EMPLOYEES, ARISING OUT OF OR RESULTING FROM THE PERFORMANCE OF THE WORK1 PROVIDED THAT ANY SUCH DAMAGES, CLAIM, LOSS, DEMAND, SUIT, JUDGMENT, COST OR EXPENSE: (1) IS ATTRIBUTABLE TO BODILY INJURY, SICKNESS, DISEASE OR DEATH OR INJURY TO OR DESTRUCTION OF TANGIBLE PROPERTY, INCLUDING THE LOSS OF USE RESULTING THEREFROM; AND rMl.lOB NO. 03-093 GC-16 City of La Porte Public Work's Metal Building (2) IS CAUSED IN WHOLE OR IN PART BY ANY NEGLIGENT ACT OR OMISSION OF THE CONTRACTOR, ANY SUBCONTRACTOR, THEIR AGENTS OR EMPLOYEES OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY ONE OF THEM OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE, REGARDLESS OF WHETHER OR NOT IT IS CAUSED IN PART BY A PARTY INDEMNIFIED HEREUNDER. The obligation of the CONTRACTOR under this Agreement shall not extend to the liability of the ENGINEER, his agents or employees, arising out of the preparation or approval of maps, drawings, reports, surveys, designs or specifications, or the giving of or the failure to give directions or instructions by the ENGINEER, his agents or employees, provided such giving or failure to give is the primary cause of the injury or damage. 4.28 LOSSES FROM NATURAL CAUSES. All loss or damage to the CONTRACTOR arising out of the nature of the work to be done or from any unforeseen circumstances in the prosecution of the same, or from the action of the elements, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the CONTRACTOR at his own cost and expense. 4.29 GUARANTEE. The CONTRACTOR shall furnish the OWNER with a written guarantee on all workmanship and materials provided by him for the project. The written guarantee shall be made out to the OWNER and in a form satisfactory to the OWNER'S legal counsel, guaranteeing all the work under the Contract to be free from faulty material in every particular and free from improper workmanship; and against unusual damage from proper and usual use; and agreeing to replace or to re-execute without cost to the OWNER such work as may be found to be improper or imperfect, and to make good all damages caused to other work or material, due to such defective work or due to its required replacement or re-execution. This guarantee shall be made to cover a period of one year from the date of acceptance of work under the Contract, as evidenced by the OWNER'S Certificate of Acceptance, of the work. Neither the Certificate of Acceptance, final payment, nor any provision in the Contract Documents shall relieve the CONTRACTOR of the responsibility for neglect or faulty material or workmanship during the period covered by the guarantee. The one year period of any guarantee clauses will not limit the OWNER'S other rights under common law to have defects remedied when discovered after one year. 5. PROSECUTION AND PROGRESS 5.01 TIME AND ORDER OF COMPLETION. It is the meaning and intent of this Contract, unless otherwise herein specifically provided, that the CONTRACTOR shall be allowed to prosecute his work at such times and seasons, in such order of precedence, and in such manner as shall be most conducive to economy of construction; provided, however, that the order and the time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this Contract, the Plans and Specifications, and within the time of completion designated in the Proposal; provided, also, that when the OWNER is having other work done, either by contract or by his own force, the ENGINEER may direct the time and manner of constructing the work done under this Contract, so that conflict will be avoided and the construction of the various works being done for the OWNER shall be harmonized. eMf JOB NO. 03-093 GC-17 City of La Porte Public Work's Metal Building The CONTRACTOR shall submit, at such times as may reasonably be requested by the ENGINEER, schedules which shall show the order in which the CONTRACTOR proposes to carry on the work, with dates on which the CONTRACTOR will start the several parts of the work, and estimated dates of completion of the several parts. 5.02 EXTENSION OF TIME. The CONTRACTOR agrees that he has submitted his Proposal in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions as hereinafter set forth and that he shall not be entitled to, nor will he request, an extension of time on this Contract, except when completion of the work has been delayed by any act or neglect of the OWNER, the ENGINEER, or any employee of either, by other CONTRACTORS employed by the OWNER, by changes ordered in the work, by strikes, lockouts, fires and unusual delays by common carriers, by unavoidable cause or causes beyond the CONTRACTOR'S control, or by any cause which the ENGINEER shall decide justifies the delay. The CONTRACTOR shall give the ENGINEER prompt notice, in writing, of the cause of such delay; and within ten (10) days after receipt ofa written request for an extension of time shall from the CONTRACTOR, supported by all requested documentation, the ENGINEER shall submit such written request, together with his written recommendation, to the OWNER Council for consideration, and the OWNER Council shall grant an extension of time for completing the work, sufficient to compensate for the delay. 5.03 HINDRANCES AND DELAYS. In executing the Contract Agreement, the CONTRACTOR agrees that in undertaking to complete the work within the time herein fixed, he has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays in securing material or workmen or otherwise. No claim shall be made by the CONTRACTOR for damages resulting from hindrances or delays from any cause during the progress of any portion of the work embraced in this Contract, except where the work is stopped by order of the OWNER, or the ENGINEER as the OWNER's representative for the OWNER's convenience, in which event such expense as in the judgement of the ENGINEER is caused by such stoppage of said work shall be paid by the OWNER to the CONTRACTOR. 5.04 LIQUIDATED DAMAGES FORDELA Y. It is understood and agreed that time is of the essence in this Contract, and that the CONTRACTOR will commence said work on the date specified and will complete said work within the time specified in the Proposal. It is expressly understood and agreed, by and between the CONTRACTOR and the OWNER, that the time for the completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The CONTRACTOR further agrees that a breach of this Contract as to completion on time will cause damage to the OWNER and that such damages cannot be accurately measured or that ascertainment will be difficult. Therefore, the parties agree that for each and every calendar day the work or any portion thereof shall remain uncompleted after the expiration of the time limit set in the Contract or as extended by the OWNER Council, the CONTRACTOR shall pay, as minimum liquidated damages, and not as a penalty, the amount set out in the proposal. eMf JOB NO. 03-093 GC.18 City of La Porte Public Work's Metal Building However, the foregoing agreement as to liquidated damages constitutes only an agreement by the OWNER and the CONTRACTOR as to the minimum amount of damages which the OWNER will sustain in any event by reason of the CONTRACTOR'S failure to complete the work within the specified time. Should the OWNER suffer damage over and above the minimum amount specified, by reason of the CONTRACTOR'S failure to begin the work when ordered, carry it forward uninterruptedly after beginning, or complete it within the specified time in strict accordance with the Plans and Specifications, the OWNER may recover such additional amount. The OWNER shall have the right to deduct and withhold the amount of any and all such damages whether it be the minimum amount stipulated above or otherwise, from any monied owing by it to said CONTRACTOR or the OWNER may recover such amount from the CONTRACTOR and the sureties of his bond; all of such remedies shall be cumulative and the OWNER shall not be required to elect anyone nor be deemed to have made an election by proceeding to enforce anyone remedy. 6. MEASUREMENT AND PAYMENT 6.01 DISCREPANCIES AND OMISSIONS. It is agreed that it is the intent of this Contract that all work described in the Proposal, the Plans and Specifications and other contract documents, is to be done for the prices quoted by the CONTRACTOR and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by the ENGINEER. If the CONTRACTOR finds any discrepancies or omissions in these Plans, Specifications or contract documents, he should notify the ENGINEER and obtain a clarification before the bids are received, and if no such request is received by the ENGINEER prior to the opening of bids, then it shall be considered that the CONTRACTOR fully understands the work to be included and has provided sufficient sums in his Proposal to complete the work in accordance with these Plans and Specifications. It is further understood that any request for clarification must be submitted no later than five (5) days prior to the opening of bids. 6.02 QUANTITIES AND MEASUREMENTS. No extra or customary measurements of any kind will be allowed, but the actual measured and/or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. 6.03 ESTIMATED QUANTITIES. This Agreement, including the Specifications, Plans and estimate, is intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and material to be furnished under this Contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing the proposals offered for the work. It is understood and agreed that the actual amount of work to be done and the materials to be furnished under this Contract may differ somewhat from the estimates and that the items listed or estimated quantities stated shall not give rise to a claim by the CONTRACTOR against the OWNER for compensation, unless the work shall have actually been authorized, and performed and material supplied. eM! JOB NO. 03-093 CTr.- 1 Q City of La Porte Public Work's Metal Building Where payment is based on the unit price method, the CONTRACTOR agrees that he will make no claim for damages, anticipated profits or otherwise, on account of any differences which may be found between the quantities of work actually done and the material actually furnished under this Contract and the estimated quantities contemplated and contained in the Proposal. 6.04 PRICE OF WORK. In consideration of the furnishing of all the necessary labor, equipment and material and the completion of all work by the CONTRACTOR, and upon the completion of all work and the delivery of all materials embraced in this Contract in full conformity with the specifications and stipulations herein contained, the OWNER agrees to pay to the CONTRACTOR the prices set forth in the Proposal attached hereto, which is made a part of this Contract, for the material actually used and services actually performed; however, the OWNER does not assume any obligation to pay for any services or material not actually authorized and used. The CONTRACTOR hereby agrees to receive such prices as payment in full for furnishing all materials and all labor required for the aforesaid work, and for all expenses incurred by him, and for full performance of the work and the whole thereof in the manner and according to this Agreement, the attached Plans and Specifications and contract documents, and the requirements of the ENGINEER. 6.05 PAYMENTS. No payments made or certificates given shall be considered as conclusive evidence of the performance of the Contract, either in whole or in part, nor shall any certificate or payment be considered as acceptance of defective work. CONTRACTOR shall, at any time requested during the progress of the work, furnish the OWNER or the ENGINEER with a verifying certificate showing the CONTRACTOR's total outstanding indebtedness in connection with the work. Before final payment is made, the CONTRACTOR shall satisfy the OWNER, by affidavit or otherwise, that there are no outstanding liens against OWNER's premises by reason of any work under the Contract. Acceptance by CONTRACTOR of final payment of the contract price shall constitute a waiver of claims against OWNER which have not theretofore been timely filed as provided in this Contract. 6.06 PARTIAL PAYMENTS. On or before the tenth day of each month, the CONTRACTOR shall prepare and submit to the ENGINEER, for approval or modification, an application for partial payment, being a statement showing as completely as practicable, the total value of the work done by the CONTRACTOR up to and including the last day of the preceding month. The ENGINEER shall then review such statement and application for partial payment and the progress of the work made by the CONTRACTOR and, if found to be in order, shall prepare a certificate for partial payment and shall deliver his certification for payment to the OWNER and the CONTRACTOR. No payment shall be made for materials on hand, unless specifically provided for in the Special Conditions to this Agreement. The CONTRACTOR shall then, prior to payment by the OWNER, certify and attest to the certification that he is in accord with the certification and agrees to accept the amounts set out therein and the total set out therein for the work and for the prices contained in the certification. If the CONTRACTOR does not agree or desires to protest the ENGINEER's certification, the same shall not be certified by the ENGINEER to the OWNER for payment until such dispute has been resolved, and the CONTRACTOR agrees that any claim by the CONTRACTOR for additional compensation, of any nature whatsoever, not contained in the ENGINEER's certification, shall be waived, and further contracts and agrees, upon acceptance of the CONTRACTOR's payment, that this shall constitute full and final payment for work performed by the CONTRACTOR contained in the CONTRACTOR's statement which shall be attached to the ENGINEER's certification. eM/JOB NO. 03-093 GC-2C City of La Porte Public Work's Metal Building The OWNER shall then pay the CONTRACTOR, within thirty (30) days of receipt of the ENGINEER's recommendation for payment, the total amount of the ENGINEER's Certificate of Partial Payment, less ten percent (10%) of the amount thereof, up to and including the first four hundred thousand ($400,000) dollars and five percent (5%) on the amount thereafter. Such amount shall be retained until final payment, and further less all previous payments and all further sums that may be retained by the OWNER under the terms of this Agreement. It is understood, however, thatin case the whole work be near to completion, as certified by the ENGINEER, and some unexpected or unusual delay occurs, through no neglect or fault on the part of the CONTRACTOR, the OWNER may, upon written recommendation of the ENGINEER, pay a reasonable and equitable proportion of the retained percentage to the CONTRACTOR, or the CONTRACTOR, at the OWNER's option, may be relieved of the obligation to fully complete the work, and thereupon, the CONTRACTOR shall receive, at the OWNER's option, payment of the balance due him under the Contract, subject only to the conditions set forth under "6.09 FINAL PAYMENT." The OWNER, at its option and in accordance with State law, may reduce retainage to less than ten percent. 6.07 USE OF COMPLETED PORTIONS. The OWNER shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding that the time for completing the entire work or such portions may not have expired; but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the contract documents. If such prior use increases the cost of or delays the work, the CONTRACTOR shall be entitled to such extra compensation or extension of time, or both, as may be determined in accordance with the provisions of this Agreement. The CONTRACTOR shall notify the ENGINEER, by letter executed by a duly qualified officer of CONTRACTOR, that in CONTRACTOR's opinion, the Contract is "substantially completed". When so notifying the ENGINEER, the CONTRACTOR shall furnish to the ENGINEER, in writing, a detailed list of unfinished work. The ENGINEER will review the CONTRACTOR's list of unfinished work and will add thereto such items as the CONTRACTOR failed to include. The substantial completion of the structure or facility shall not excuse the CONTRACTOR from performing all of the work undertaken, whether of a minor or major nature, and thereby completing the structure or facility in accordance with the contract documents. 6.08 FINAL COMPLETION AND ACCEPTANCE. Within ten (10) days after the CONTRACTOR has given the ENGINEER written notice that the work has been completed, the ENGINEER and the OWNER shall inspect the work; and within said time, if the work be found to be completed in accordance with the contract documents, the ENGINEER shall issue to the OWNER and the CONTRACTOR his Certificate of Completion. Thereupon, it shall be the duty of the OWNER, within ten (10) days, to issue a Certificate of Acceptance of the work to the CONTRACTOR or to advise the CONTRACTOR in writing of the reason for non-acceptance. eMf JOB NO. 03-093 GC-21 City of La Porte Public Work's Metal Building 6.09 FINAL PAYMENT. Upon the issuance of the CERTIFICATE of Completion and OWNER's Certificate of Acceptance, the ENGINEER shall proceed to make final measurements and prepare a final statement of the value of all work performed and materials furnished under the terms of the Agreement and shall present the same to the CONTRACTOR for acceptance. The CONTRACTOR, if he finds such statement to be in order, including all work upon which a claim for payment may be made, shall note his acceptance thereon; and by accepting the same, the CONTRACTOR agrees to release any and all claims of any nature whatsoever against the OWNER or the ENGINEER, growing out of or by reason of the performance of the Contract, the construction of the work, for Extra Work, or for any other reason whatsoever, either growing out of the Contract and the documents attached thereto or otherwise. In addition, the CONTRACTOR shall execute a full and final release in a form provided by the OWNER, a copy of which titled "Attachment No.2 to General Conditions" is attached to these contract documents and made a part hereof, which shall be presented to the OWNER with the ENGINEER's fmal statement and any Change Orders or additions or deletions therefrom, duly attested by the CONTRACTOR, requesting payment. The OWNER shall pay to the CONTRACTOR, on or after the 30th day and before the 35th day after the date of the Certificate of Completion, the balance due the CONTRACTOR under the terms of the Agreement, provided the CONTRACTOR has duly executed and returned all documents requiring execution or approval as herein provided, or as may be provided by the OWNER, and that he has fully performed his contractual obligations under the terms of this Contract. Neither the Certificate of Acceptance nor the final payment nor any provision in the contract documents shall relieve the CONTRACTOR of the obligation for fulfillment of any warranty which may be required by law or by the contract documents. 6.10 CORRECTION OF WORK BEFORE FINAL PAYMENT. The CONTRACTOR shall promptly remove from OWNER's premises all materials deemed unsuitable by the ENGINEER on account of failure to conform to the Contract, whether actually incorporated in the work or not, and CONTRACTOR shall, at his own expense, promptly replace such unsuitable materials with other materials conforming to the requirements of the Contract. The CONTRACTOR shall also bear the expense of restoring all work of other Contractors damaged by any such removal or replacement. If CONTRACTORS does not remove and replace any such unsuitable work within a reasonable time after receipt of a written notice from the OWNER or the ENGINEER, the OWNER may remove and replace it at CONTRACTOR's expense. 6.11 CORRECTION OF WORK AFTER FINAL PAYMENT. Neither the fmal payment nor certificate nor any provision in this Contract shall relieve the CONTRACTOR of responsibility for faulty materials or workmanship, and he shall remedy any defect due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of substantial completion. The OWNER or the ENGINEER shall give notice of observed defects with reasonable promptness. 6.12 PAYMENTS WITHHELD. The OWNER may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate or withhold partial or full payment to such extent as may be necessary to protect himself from loss on account of: eMf JOB NO. 03-093 GC-22 City of La Porte Public Work's Metal Building (1) Defective work not remedied; (2) Claims filed or reasonable evidence indicating probable filing of claims; (3) Failure of the CONTRACTOR to make payments properly to subcontractors or for material or labor; (4) Damage to another CONTRACTOR; (5) Reasonable doubt that the work can be completed for the unpaid balance of the contract amount; (6) Reasonable indication that the work will not be completed within the contract time. (7) Failure on the part of the CONTRACTOR to execute any and all documents, releases or other documents presented to the CONTRACTOR for execution, as provided for herein or otherwise. When the above grounds are removed or the CONTRACTOR provides a Surety Bond satisfactory to the OWNER, which will protect the OWNER in the amount withheld, payment may be made for the amounts withheld because of them. However, the OWNER shall have the discretion of withholding or making payment in the event any of items (1) through (7) shall be applicable to the work or progress thereof. 6.13 DELAYED PAYMENTS. Should the OWNER fail to make paymentto the CONTRACTOR of the sum named in any partial or final statement, when payment is due, after the same has been recommended for payment by both the ENGINEER and the CONTRACTOR, and the CONTRACTOR has met all other conditions stipulated herein or in the contract documents entitling the CONTRACTOR to payment, then the OWNER shall pay to the CONTRACTOR, in addition to the sum shown as due by such statement, interest thereon at the rate of six percent (6%) per annum from date due, as provided under "6.06 PARTIAL PAYMENTS" and "6.09 FINAL PAYMENT', until fully paid, which shall fully liquidate any injury to the CONTRACTOR growing out of such delay in payment; but the right is expressly reserved to the CONTRACTOR, in the event payments be not promptly made as provided under "6.06 PARTIAL PAYMENTS", to at any time thereafter treat the Contract as abandoned by the OWNER and to recover compensation as provided under "8. ABANDONMENT OF CONTRACT", unless such payments are withheld in accordance with the provisions of "6.12 PAYMENTS WITHHELD". 7. EXTRA WORK AND CLAIMS 7.01 CHANGE ORDERS. Without invalidating this Agreement, the OWNER may, at any time or from time to time, order additions, deletions or revisions to the work; such changes will be authorized by Change Order to be prepared by the ENGINEER for execution by the OWNER and the CONTRACTOR. The Change Order shall set forth the basis for any change in contract price, as hereinafter set forth for Extra Work, and any change in contract time which may result from the change. CMTJOB NO 03-093 GC-23 City oJLa Porte Public Work's Metal Building In the event the CONTRACTOR shall refuse to approve a Change Order which has been prepared by the ENGINEER, the ENGINEER may instruct the CONTRACTOR, in writing, to proceed with the work as set forth in the Change Order, and the CONTRACTOR may make a claim against the OWNER for Extra Work involved therein. However, the CONTRACTOR shall only be entitled to payment upon the execution of the final certification and release in a form as provided for herein, and CONTRACTOR shall approve such certification before the OWNER shall be obligated to make payment. 7.02 MINOR CHANGES. The ENGINEER may authorize minor changes in the work not inconsistent with the overall intent of the contract documents and not involving an increase in contract price. If the CONTRACTOR believes that any minor changes or alteration authorized by the ENGINEER involves Extra Work or entitles him to an increase in the contract price, the CONTRACTOR shall make written request to the ENGINEER for a written Field Order. In such case, the CONTRACTOR, by copy of his communication to the ENGINEER or otherwise in writing, shall advise the OWNER of his request to the ENGINEER for a written Field Order and that the work involved may result in an increase in the contract price. Any request by the CONTRACTOR for a change in contract price shall be made prior to beginning the work covered by the proposed change. 7.03 EXTRA WORK. It is agreed that the CONTRACTOR shall perform all Extra Work under the direction of the ENGINEER when presented with a written work order signed by the ENGINEER, subject, however, to the right of the CONTRACTOR to require written confirmation of such Extra Work order by the OWNER. It is agreed that the basis of compensation to the CONTRACTOR for work either added or deleted by a Change Order, or for which a claim for Extra Work is made, shall be determined by one or more of the following methods: Method (A) -- By agreed unit prices; or Method (B)-- By agreed lump sum; or Method (C)-- Ifneither Method (A) nor Method (B) be agreed upon before the Extra Work is commenced, then the CONTRACTOR shall be paid the "actual field cost" of the work, plus fifteen percent (15%). In the event said Extra Work is performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the reasonable cost to the CONTRACTOR of all workers, such as foremen, timekeepers, mechanics and laborers, and materials, supplies, trucks, rentals of machinery and equipment, for the time actually employed or used on such Extra Work, plus actual transportation charges necessarily incurred together with all power, fuel, lubricants, water and similar operating expenses, plus all necessary incidental expenses incurred directly on account of such Extra Work, including Social Security, Old Age Benefits and other payroll taxes. A rateable proportion of premiums on Performance and Payment Bonds and Maintenance Bonds, Public Liability and Property Damage and Worker's Compensation, and all other insurance as may be required by law or ordinance, or directed by the OWNER, or by them agreed to when such costs are actually CMI JOB NO. 03-093 GC-24 City of La Porte Public Work's Metal Building increased due to the Extra Work. "Actual field cost" may be decreased by any amount which is solely attributable to delays or additional costs caused by the Contractor, such as, but not limited to, Contractor's failure to pursue the work continuously. The ENGINEER may direct the form in which accounts of the "actual field cost" shall be kept and the records of these accounts shall be made available to the ENGINEER. The ENGINEER or OWNER may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise these matters shall be determined by the CONTRACTOR. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using one hundred percent (100%), unless otherwise specified, of the latest schedule of Equipment Ownership Expense adopted by the Associated General Contractors of America where practicable, and the terms and prices for the use of machinery and equipment shall be incorporated in the written Extra Work Order. The fifteen percent (15%) of the "actual field cost" to be paid to the CONTRACTOR, shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the "actual field cost" as herein defined, save that where the CONTRACTOR's camp or field office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for Extra Work of any kind will be allowed unless ordered in writing by the ENGINEER. In case any orders or instructions, either oral or written, appear to the CONTRACTOR to involve Extra Work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the ENGINEER for written order authorizing such Extra Work. Should a difference of opinion arise as to what does or does not constitute Extra Work, or as to the payment therefor, and the ENGINEER insists upon its performance, the CONTRACTOR shall proceed with the work after making written request for written order and shall keep an accurate account of the "actual field cost" thereof, as provided under Method (C). The CONTRACTOR shall then have the right to submit his claim directly to the OWNER by proper certification and attestation, on forms provided by the OWNER. If the OWNER shall fail to payor guarantee to pay said amount claimed within thirty (30) days of the date of submission, the CONTRACTOR shall have the right to file suit in the District Court of Harris County, for declaratory judgment or other relief, to determine his rights to such claim, and ifhe shall fail to file suit within sixty (60) days after the date of presentment to the OWNER, the CONTRACTOR shall lose and forfeit his right to make such claim for Extra Work at any later date, and all claims held by the CONTRACTOR shall be deemed forfeited and forever barred if the CONTRACTOR shall accept final payment without having first filed suit in the District Court. 7.04 TIME OF FILING CLAIMS. It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the CONTRACTOR shall be in writing and filed with the ENGINEER within thirty (30) days after the ENGINEER has given any directions, order or instruction to which the CONTRACTOR desires to take exception. The ENGINEER shall reply within thirty (30) days to such written exceptions by the CONTRACTOR and render his final decision in writing. In case the CONTRACTOR should desire to appeal from the ENGINEER's decision, the CONTRACTOR may request a meeting between representatives of the OWNER and the CONTRACTOR for the purposes of appealing the ENGINEER's decision directly to the OWNER, such meeting to occur within ten (10) days after the date of the delivery to the CONTRACTOR of the ENGINEER's final decision. If the CONTRACTOR shall still be aggrieved after a meeting with the OWNER and/or his representative, the CONTRACTOR shall have sixty (60) days after the date of the delivery to the CONTRACTOR of the ENGINEER's final decision, to appeal the same to the District Court of Harris County, Texas, by filing suit for CMl JOR NO 03-093 GC-25 City of La Porte Public Work's Metal Building declaratory judgment or other appropriate relief. In the event the CONTRACTOR shall fail, for any reason, to file suit, and shall accept final payment for all work completed, the OWNER shall be released of any and all liability, and the action by the CONTRACTOR in accepting final payment shall constitute a final bar and satisfaction of all claims held by the CONTRACTOR against the OWNER. 8. ABANDONMENT OF CONTRACT 8.01 ABANDONMENT BY CONTRACTOR. In case the CONTRACTOR should abandon and fail or refuse to resume work within ten (10) days after written notification from the OWNER or the ENGINEER, or if the CONTRACTOR fails to comply with the orders of the ENGINEER when such orders are consistent with the contract documents, then and in that case, where Performance and Payment Bonds exist, the sureties on these bonds shall be notified in writing and directed to complete the work, and a copy of said notice shall be delivered to the CONTRACTOR. After receiving said notice of abandonment, the CONTRACTOR shall not remove from the work any machinery, equipment, tools, or supplies then on the job, but the same, together with any materials and equipment under contract for the work, may be held for use on the work by the OWNER or the surety on the Performance Bond, or another Contractor in completion of the work; and the CONTRACTOR shall not receive any rental or credit therefor, it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. Where there is no Performance Bond or in case the surety should fail to commence compliance with the notice for completion herein above provided for within ten (10) days after the service of such notice, then the OWNER may provide for completion of the work in either of the following elective manners: (a) The OWNER may thereupon employ such force of workers and use such machinery, equipment, tools, materials and supplies as the OWNER may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said CONTRACTOR, and expense so charged shall be deducted and paid by the OWNER out of such monies as may be due or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this Contract if the same had been completed by the CONTRACTOR, then said CONTRACTOR shall receive the difference. In case such expense is greater than the sum which would have been payable under this Contract if the same had been completed by such CONTRACTOR, then the CONTRACTOR and/or his surety shall pay the amount of such excess to the OWNER; or (b) The OWNER, under sealed bids, under the times and procedures provided for by law, may let the contract for completion of the work under substantially the same terms and conditions which are provided in this Contract. In case of any increase in cost to the OWNER under the new contract, as compared to what would have been the cost under this Contract, such increase shall be charged to the CONTRACTOR, and the surety shall be and remain bound therefor. However, should the cost to complete any such new contract prove to be less than what would have been the cost to complete under this Contract, the CONTRACTOR and/or his surety shall be credited therewith. CM/JOB NO. 03-093 GC-26 City of La Porte Public Work'$ Metal Building When the work shall have been substantially completed, the CONTRACTOR and his surety shall be so notified and Certificates of Completion and Acceptance, as hereinabove provided, shall be issued. A complete itemized statement of the contract accounts, certified by the ENGINEER as being correct, shall then be prepared and delivered to the CONTRACTOR and his surety, whereupon the CONTRACTOR and/or his surety shall pay the balance due as reflected by said statement, within fifteen (15) days after the date of such Certificate of Completion. The OWNER, prior to incurring an obligation to make payment hereunder, shall have such statement of completion attested to by the CONTRACTOR as accurate, and upon payment of the sum stated therein, the OWNER shall be entitled to full and final release of any claims or demands by the CONTRACTOR. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the OWNER had the work been completed by the CONTRACTOR under the terms of this Contract, or when the CONTRACTOR and/or his surety shall pay the balance shown to be due by them to the OWNER, then all machinery, equipment, tools or supplies left on the site of the work shall be turned over to the CONTRACTOR and/or his surety. Should the cost to complete the work exceed the contract price, and the CONTRACTOR and/or his surety fail to pay the amount due the OWNER within the time designated above, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials, shall be mailed to the CONTRACTOR and his surety at the respective addresses designated in the Contract, provided, however, that actual written notice given in any manner will satisfy this condition. After mailing or other giving of such notice, such property shall be held at the risk of the CONTRACTOR and his surety, subject only to the duty of the OWNER to exercise ordinary care to protect such property. After fifteen (15) days from the date of such notice, the OWNER may sell such property, equipment, tools, materials or supplies, and apply the net sum derived from such sale to the credit of the CONTRACTOR and his surety. Such sale may be made at either public or private sale, with or without notice, as the OWNER may elect. The OWNER shall release any machinery, equipment, tools, materials or supplies, which remain on the work, and belong to persons other than the CONTRACTOR or his surety, to their proper owners. The books on all operations provided herein shall be open to the CONTRACTOR and his surety. 8.02 ABANDONMENT BY OWNER. In case the OWNER shall fail to comply with the terms of this Contract and should fail or refuse to comply with said terms within ten (10) days after written notification by the CONTRACTOR, then the CONTRACTOR may suspend or wholly abandon the work, and may remove therefrom all machinery, tools and equipment, and all materials on the site of the work that have not been included in payments to the CONTRACTOR and have not been wrought into the work. And thereupon, the ENGINEER shall make an estimate of the total amount earned by the CONTRACTOR, which estimate shall include the value of all work actually completed by said CONTRACTOR (at the prices stated in the attached Proposal where unit prices are used), the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this Contract, and a reasonable sum to cover the cost of any provisions made by the CONTRACTOR to carry the whole work to completion and which cannot be utilized. The ENGINEER shall then make a final statement of the balance due the CONTRACTOR by deducting from the above estimate all previous payments by the OWNER and all other sums that may be retained by the OWNER under the terms of this Agreement, and shall present the same to the CONTRACTOR for the CONTRACTOR's approval; and upon the CONTRACTOR's approving the same as being true, correct and accurate, and upon payment of said sum, the CONTRACTOR shall release the OWNER of any and all liability growing out of or by reason of said Contract, and then the same shall be presented to the OWNER, who shall pay to the CONTRACTOR, on or before eMl JOB NO. 03-093 GC-27 City of La Porte Public Work's Metal Building thirty (30) days after the date of notification by the CONTRACTOR of the balance shown by said fmal statement as due the CONTRACTOR under the terms of this Agreement. 9. ARBITRATION 9.01 Any party to this Contract, upon the written agreement and acquiescence of all other parties, may submit any question or dispute under the terms and provisions of the contract documents, to arbitration under such procedure and agreements as the parties shall make in writing prior to arbitration. The results of arbitration shall be binding and shall constitute an amendment to the contract documents when accepted in writing by the parties to the Contract. eMf JOB NO. 03-093 GC-28 City of La Porte Public Work's Metal Building ATTACHMENT NO.1 TO GENERAL CONDITIONS WORKERS' COMPENSATION INSURANCE COVERAGE A. DEFINITIONS: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self- insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83 or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in 406.096) - includes persons or entities performing or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements ofT exas Labor Code, Section 401.011 (44) for employees of the contractor providing services on the project for the duration of the project. C. The Contractor must provide a certificate of coverage to the Owner prior to being awarded the contract. eM! JOB NO. 03-093 00700-AI City of La Porte Public Work's Metal Building D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any changes that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Worker's Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. CMI JOB NO. 03-093 00700-A2 City ojLa Porte Public Work's Metal Building NOTICE REQUIRED WORKER'S COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by worker's compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identify of their employer or status as an employee." "Call the Texas Worker's Compensation Commission at (512) 440-3789 to receive information on the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all of its employees providing services on the project, for the duration of the project; 2. provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project: eMf JOB NO. 03-093 00700-A3 City of La Porte Public Work's Metal Building 3. provide the contractor, prior to the end of the coverage period, a new certificate of coverage, showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4. obtain from each other person with whom it contracts, and provide to the contractor: a. a certificate of coverage, prior to the other person beginning work on the project; and b. a new certificate of coverage shown extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 5. retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6. notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7. contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing servIces. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage agreements will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contractor void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. CMI JOB NO. 03-093 00700-A4 City of La Porte Public Work's Metal Building ATTACHMENT NO.2 TO GENERAL CONDITIONS AGREEMENT FORFmAL PAYMENT AND CONTRACTOR'S SWORN RELEASE In order to insure that the rights, obligations and responsibilities of all parties to the original contract document are fully protected, which contract document was signed and executed on the day of 20_ by . , referred to therein as CONTRACTOR and hereinafter referred to as CONTRACTOR, and the OWNER on the day of .20 . and further in consideration for the final payment of all sums due and claimed by the CONTRACTOR against the OWNER, the CONTRACTOR makes the following representations to the OWNER, either individually if a proprietorship, jointly by all partners if a partnership, or if a corporation, by action of the president and secretary of said corporation, as duly authorized by appropriate action of the stockholders and/or board of directors of said corporation, their signatures hereon constituting a representation under oath by said individuals that they have the power and authority to execute this Agreement for and on behalf of the said corporation: I. The CONTRACTOR has received (number) payments pursuant to (number) of CONTRACTOR Payment Estimates, copies of which are attached hereto and marked Exhibit "A", presented to the OWNER and paid during the progress of the job referred to in the Contract between the parties; and in this regard, the undersigned CONTRACTOR represents to the OWNER that it does not claim nor intend to claim at any future date, any additional sums of money of any nature whatsoever under and by virtue of the payment estimates previously submitted to the ENGINEER for approval, or any other sums of money of any nature whatsoever for materials furnished and used in the job or for work done, and hereby releases and discharges the OWNER from any liabilities of any nature whatsoever, for any claims of any nature made by the CONTRACTOR at some future date, CMI J6JBN{jJ08-~f}93 00700-B I City of La Porte Public Work's Metal Building or by its successors or assigns. II. The undersigned CONTRACTOR further represents to the OWNER that the Final Payment Estimate, reflecting all associated Change Orders, if any, submitted by the CONTRACTOR to the OWNER, whether or not modified, corrected or changed in some way by deletions or other modifications by the ENGINEER, the CONTRACTOR or the OWNER, a copy of which is attached hereto and marked Exhibit "B", is true, correct and accurate; and it is further agreed and stipulated by the undersigned CONTRACTOR that upon the receipt of final payment in the amount as set out on the Final Payment Estimate, the CONTRACTOR, by execution of this instrument of release, does, therefore, release and forever discharge the OWNER of and from all manner of debts, demands, obligations, suits, liabilities and causes of action of any nature whatsoever under and by virtue of the terms and provisions of the Contract hereinbefore referred to, and any change or modification thereof, or in any manner growing out of or arising from or by virtue of the work, labor and services performed by the CONTRACTOR. III. CONTRACTOR, in addition to the provisions set out in the contract document, agrees to indemnify and hold the OWNER harmless from any and all causes of action, claims, demands or suits made by any person or other entity against the OWNER, by reason of the work performed by such CONTRACTOR, and agrees to defend or to cause the same to be defended at the CONTRACTOR's sole expense and obligation, whenever such actions may be brought, and further to pay all costs incurred by the OWNER in the defense thereof, including administrative costs and attorney's fees, and further to pay any judgments or settlements which may be entered into or agreed to against or for the benefit of the OWNER. It is, however, specifically agreed that the OWNER shall not enter into any settlement agreements without the acquiescence and agreement of the CONTRACTOR. eMf J6lBNlfJ08J)f}93 00700-B2 City of La Porte Public Work's Metal Building IV. The CONTRACTOR, acting by and through the person or persons whose names are subscribed hereto, does solemnly swear and affirm that all bills and claims have been paid to all materialmen, suppliers, laborers, subcontractors, or other entities performing services or supplying materials, and that the OWNER shall not be subject to any bills, claims, demands, litigation or suits in connection therewith. V. It is further specifically understood and agreed that this Agreement for Final Payment and Contractor's Sworn Release shall constitute a part of the original Contract of the parties heretofore previously referred to, and it is also specifically understood and agreed that this Agreement shall not act as a modification, waiver or renunciation by the OWNER of any of its rights or remedies as set out in the contract itself, but this Agreement for Final Payment and Contractor's Sworn Release shall constitute a supplement thereto for the additional protection of the OWNER. VI. This Agreement for Final Payment and Contractor's Sworn Release shall be considered to be continuing and binding upon the parties hereto and shall not terminate upon receipt and acceptance by the CONTRACTOR of final payment, but shall be deemed continuing so long as any actions, claims or other demands contemplated herein against the OWNER, may lawfully be brought under applicable statutes of limitations, and shall in addition be deemed to be continuing for such additional period of time as shall be necessary to compensate and repay to the OWNER, all costs or damages incurred by it by reason of such claims. SIGNED and EXECUTED this, the _ day of ,20_. CONTRACTOR Signature Print Name: eMf J61BNifJO/Wf}!J3 00700-B3 City of La Porte Public Work's Metal Building [If CONTRACTOR is a proprietorship, OWNER must sign; if a partnership, each partner must sign; if a corporation, the following language should be used.] SIGNED and EXECUTED this, the day of , 20_, by , a Texas corporation, under authority granted to the undersigned by said corporation as contained in the Charter, By-Laws or Minutes of a meeting of said corporation regularly called and held. CONTRACTOR By: President ATTEST: Corporate Secretary (Corporate Seal) eMf J61BNiiJOD-~093 00700-B4 City of La Porte Public Work's Metal Building [This form is for use by either a proprietorship or a partnership. In the event CONTRACTOR is a partnership or a joint proprietorship, additional signature lines should be added for each individual.] AFFIDAVIT STATE OF TEXAS COUNTY OF HARRIS BEFORE ME, the undersigned authority, on this day personally appeared the person or persons whose name(s) are subscribed to the above and foregoing Agreement for Final Payment and Contractor's Sworn Release, who each, after being by me duly sworn, on their oaths deposed and said: I(W e) am( are) the person(s) who signed and executed the above and foregoing Agreement for Final Payment and Contractor's Sworn Release, and I(we) have read the facts and statements as therein set out and the representations as made therein, and I( we) state that the above and foregoing are true and correct. CONTRACTOR - Affiant SWORN TO AND SUBSCRIBED TO before me this, the day of .20_. Notary Public, State of Texas My Commission Expires: eMf J6JBN<<JO/J-J)og 3 00700-B5 City of La Porte Public Work's Metal Building [This form is for use in the event CONTRACTOR is a corporation.] AFFIDAVIT STATE OF TEXAS COUNTY OF HARRIS BEFORE ME, the undersigned authority, on this day personally appeared the persons who signed and executed the above and foregoing Agreement for Final Payment and Contractor's Sworn Release, whose names are set out above, who each, after being by me duly sworn, on their oaths deposed and said: We each are the persons whose names are subscribed above, and hold respectively the offices in the corporation as set out above, and each state under oath that we have the authority to execute this Agreement for Final Payment and Contractor's Sworn Release for and on behalf of said corporation, pursuant to authority granted to us in the Charter of said corporation, the By-Laws of said corporation and/or the Minutes of said corporation; and the facts, statements and representations as set out in the instrument to which this Affidavit is attached, are true and correct. SWORN TO AND SUBSCRIBED TO before me this, day of ,20 Notary Public, State of Texas My Commission Expires: rMT JfiJR1'Nf){)~l)OIJ3 00700-Rli City oJLa Porte Public Work's Metal Building ATTACHMENT 3 WAGE RATES eM! JOB NO. 03-093 W Al~ Document Retneval yage 1 GENERAL DECISION TX020048 03/01/2002 TX48 Date: March 1, 2002 General Deci&ion Number TX020048 Superseded General Decision No. TX010048 State: TEXAS Construction Type: HIGHWAY County(ies) : BRAZORIA FORT BEND GALVESTON HARDIN HARRIS JEFFERSON LIBERTY MONTGOMERY ORANGE WALLER HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building structures in rest area projects, and railroad construction; bascule, suspension & spandrel arch bridges; bridges designed for commercial navigation; bridges involving marine construction; other major bridges) Modification Number o Publication Date 03/0112002 COUNTY(ies) : BRAZORIA FORT BEND GALVESTON HARDIN HARRIS JEFFERSON LIBERTY MONTGOMERY ORANGE WALLER SUTX2045A 03/26/1998 ASPHALT RAKER ASPHALT SHOVELER BATCHING PLANT WEIGHER CARPENTER CONCRETE FINISHER-PAVING CONCRETE FINISHER-STRUCTURES CONCRETE RUBBER ELECTRICIAN FLAGGER FORM BUILDER (STRUCTURES) FORM LINER-PAVING & CURB FORSETTER (PAVING/CURB) FORM SETTER-STRUCTURES LABORER-COMMON LABORER-UTILITY LINEPERSON MANHOLE BUILDER (Brick) MECHANIC OILER SERVICER PAINTER-STRUCTURES PILEDRIVER Rates 8.28 7.45 11.11 10.35 9.87 9.86 9.00 16.15 6.66 9.96 9.03 8.86 9.05 7.45 8.53 7.50 8.49 11.38 9.56 9.51 14.00 10.96 Fringes W Al:::> Document 1<.etneval PIPE LAYER ASPHALT DISTRIBUTOR ~ PAVING MACHINE BROOM OR SWEEPER OPERATOR BULLDOZER CONCRETE CURING MACHINE CONCRETE FINISHING MACHINE CONCRETE JOINT SEALER CONCRETE PAVING FLOAT CONCRETE PAVING SAW CONCRETE PAVING SPREADER SLIPFORM MACHINE OPERATOR CRANE, CLAMSHELL, BACKHOE, DERRICK, D'LINE, SHOVEL CRUSHER/SCREENING PLANT FOUNDATION DRILL OPERATOR, CRAWLER MOUNTED FOUNDATION DRILL OPERATOR TRU~lt MOUNTED FRONT END LOADER MILLING MACHINE OPERATOR MIXER MOTOR GRADER (FINE GRADE) MOTOR GRADER PAVEMENT MARKING MACHINE ROLLER, STEEL WHEEL PLANT MIX PAVEMENTS ROLLER, STEEL WHEEL OTHER FLATWHEEL OR TAMPING ROLLER, PNEUMATIC, SELF PROPELLED SCRAPER- TRACTOR-CRAWLER TYPE TRACTOR-PNEUMATIC TRAVELING MIXER TRENCHING MACHINE-LIGHT TRENCHING MACHINE-HEAVY WAGON-DRILL, BORING MACHINE REINFORCING STEEL SETTER (PLAVING) REINFORCING STEEL SETTER STRUCTURES STEEL WORKER-STRUCTURAL SIGN ERECTOR SPREADER BOX OPERATOR WORK ZONE BARRICADE SIGN INSTALLER TRUCK DRIVER-SINGLE AXLE LIGHT TRUCK DRIVER-SINGLE AXLE HEAVY TRUCK DRIVER-TANDEM AXLE SEMI TRAILER TRUCK DRIVER-LOWBOY/FLOAT WELDER rage,t, 8.49 9.47 1~.~. 8.01 9.9-1 8.80 11. 79 10.50 9.30 10.01 9.32 9.20 11. 35 11.00 12.59 1.2-.13. 9.29 10.43 7.94 11.11 10.67 7.45 9.25 7.61 7.96 8.69 10.12 8.99 9.35 10.50 13 .56 10.15 12.50 12.47 10.35 10.06 9.08 7.45 7.45 8.15 8.76 8.00 11.29 10.43 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Unlisted classifications needed for work not included within the scope of the classifications listed may be added after W Al~ Document KetneVal rage j award only as provided in the labor standards contract clauses (29 CFR 5.5 (a) (l)(v)) . In the listing above, the 'SU' designation means that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. W. washington, D. C. 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: :z>.t'lmini~t"ri'lt"ivp Rp'Ir1P.w Board eMf JOB NO 03-093 City of La Porte Public Work's Metal Building SUPPLEMENTARY CONDITIONS City of La Porte Public Work's Metal Building SUPPLEMENTARY CONDITIONS 1. General - The Provisions of this Section of the Specifications shall govern in the event of any conflict between them and the "General Conditions of Agreement." 2. Owner - The word" OWNER" in the Specifications shall be understood as referring to the City of La Porte, Texas. 3. Engineer - The word "ENGINEER" in these Specifications shall be understood as referring to Claunch & Miller, Inc., Engineering Consultants, 4635 Southwest Freeway, Suite 1000, Houston, Texas 77027. 4. Scope of Work - This contract shall include all of the items of work listed in the proposal and shown on the plans. The work to be performed shall consist of the provision and construction of a pre-engineered metal building The Owner reserves the right to, either before or after the award of the Contract, omit any of the items or to increase or decrease the quantity of any of the items listed in the Proposal in order that the contract may be performed within the limits of the Owner's available funds. 5. PERFORMANCE AND PAYMENT BOND Add to Article 2.01(b): The Performance Bond executed and provided by the Contractor shall be in the form of the MacGregor Act Performance Bond, Civil Statues of Texas, Article 5160, as amended. The Payment Bond executed and provided by the Contractor shall be in the form of the Statutory Paymen1 Bond Pursuant to Article 5160 of the Revised Civil Statues of Texas, as amended. The surety company issuing payment and performance bonds must ( a) be authorized to do business in the State of Texas as evidenced by licensing through the State Board of Insurance; (b) be authorized to issue payment and performance bonds in the amount required for the contract as indicated by the records of the State Board ofInsurance; (c) have a rating of at least "A" in the current Best's Key Rating Guide. The person executing a payment and performance bond must be licensed as a Texas Local Recording Agen1 through the State Board ofInsurance as required by the laws of the State of Texas. This person must hold an appointment from the surety company to execute payment and performance bonds and bind such surety, and such appointment must be recorded in the office of the State Board of Insurance. 6. Construction Staking - All construction staking shall be performed by the Contractor. A Registered Professional Land Surveyor shall be employed by the Contractor to perform the construction staking. The Engineer shall furnish baseline stationing and vertical control benchmarks for use by the Contractor. Sucb alignment and stationing and vertical control benchmarks are furnished by the Owner in the projec1 eMf JOB NO. 03-093 SC-I City of La Porte Public Work's Metal Building Contractor's responsibility. Contractor shall verify accuracy of horizontal and vertical control furnished by the Owner. Contractor shall notify Owner in writing, prior to commencing any work, of any discrepancies or inaccuracies found in the controls. No claim will be entertained for or on account of any alleged inaccuracies, or for alterations subsequently rendered necessary on account of such alleged inaccuracies, unless Owner has been notified in writing prior to commencing any work. 7. Copies of Plans and Specifications Furnished - The Engineer shall furnish to the Contractor, without charge, a maximum of five (5) sets of plans and specifications for the project. Additional sets may be obtained by the Contractor at the cost as indicated in the notice to bidders. 8. Materials and Workmanship - No material which has been used by the Contractor for any temporary purpose whatever is to be incorporated in the permanent structure without written consent of the Engineer. Where materials or equipment are specified by a trade or brand name, it is not the intention of the Owner to discriminate against an equal product of another manufacturer, but rather to set a definite standard of quality and/or performance, and to establish an equal basis for the evaluation of bids. Where the words "equivalent", or "equal to" are used, they shall be understood to mean that the thing, referred to shall be the equivalent of, or equal to the product or item specified by name, in the opinion or judgement of the Engineer. Unless otherwise specified, all materials shall be the best of their respective kinds and shall be in accordance, in all cases, fully equal to approved samples. Notwithstanding that the words "equivalent" or "equal to" or other such expressions may be used in the specifications in connection with a material, manufactured article or process, the material, article or process specifically designated shall be used, unless a substitute shall be approved in writing by the Engineer, and the Engineer shall have the right to require the use of such specifically designated material, article or process. 9. Liquidated Damages for Delays - It is understood and agreed between the parties hereto that time is of the essence of this contract, and that for each calendar day of delay beyond the completion date of this contract (after due allowance for such extension of time as is provided herein) the Contractor shall pay to the Owner as liquidated damages for each day of such delay the sum of$250. 00, it being understood between the parties and the Owner may withhold from the Contractor's compensation such sums as liquidated damages. 10. Insurance - This insurance policy amount will supercede the amount in the General Conditions. Contractor shall obtain insurance as detailed. Each policy obtained by the Contractor for work with this contract, with exception of the Worker's Compensation policy, shall name the City of La Porte as an additional insured. The coverage and amounts designated are minimum requirements and do not establish limits of the contractor's liability. Additional coverage may be provided at the Contractor's option and expense. Insurance must include: General Liability: Commercial General Liability General Aggregate Personal Injury Each Occurrence $1,000,000.00 $1,000,000.00 $1,000,000.00 rMl.TnR NO nUJ9? S<:-2 City of La Porte Public Work's Metal Building Automobile Liabilitv: Combined Single Limit $1,000,000.00 Excess Liability: Umbrella Each Occurrence Each Aggregate $1,000,000.00 $1,000,000.00 11. Soils Borings - Soils borings have been taken within the project site. Soils report made by QC Laboratories, Inc. is attached to these special conditions as a convenience to the contractor. Owner and Engineer accept no responsibility for the accuracy of the soils report. The Contractor shall make such additional borings as he deems necessary and reliance on information from the QC Laboratories, Inc. report shall be at his own risk. Information contained within the soils report may only be representative of the soils and groundwater at the location of the bores on the day the bores were taken and may not be indicative of soil and ground water conditions on other portions of the project. 12. Permits. Contractor is responsible to obtain all necessary permits to accomplish the Work described within these documents. It is the Contractor's responsibility to coordinate with the City in order to determine all requirements and to meet such requirements. 13. Time of Completion. The work shall commence promptly after written notice to commence work shall have been given by Engineer and to be completed within 90 calendar days after the date of written notice to commence work. 14. Delayed Completion. Failure of the Contractor to complete the work within the contract time, including any extensions granted shall entitle the Owner to deduct from the money due to the Contractor an amount equal to $250.00 for each calendar day of delay in completion of the work, not as a penalty, but as liquidated damages and added expense for supervision. 15. Warranty - Neither the fmal payment nor certificate nor any provision in this Contract shall relieve the Contractor of responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of final acceptance. 16. Taxes and Insurance. In addition to the general obligations and responsibilities for insurance and protection set out in the General Conditions of Agreement of these Specifications, the Contractor shall comply with the following provisions: A. The Contractor acknowledges that he has qualified and will make all payments under the terms of the Unemployment Compensation Law of the State in which the work is performed. CMI JOB NO. 03-093 SC-3 City of La Porte Public Work's Metal Building B. The Contractor, and all subcontractors employed on the work, shall carry insurance of minimum limits as stated in the General Conditions of Agreement. C. The Contractor, before starting work for the City, must furnish to the City Certificates ofInsurance or other acceptable evidences from a reputable insurance company or companies (such companies to be acceptable to the City) licensed to write insurance in the State of Texas, showing that the Contractor is covered by the insurance as stated in the General Conditions of Agreement. D. The certificates of insurance furnished to the City shall contain a provision that coverage under such policies shall not be canceled or materially changed until at least 30 days prior written notice have been given to the City. E. In the event the policy or policies are not renewed, 30 days prior written notice shall be given to the City. F. All accidents or injuries to Contractor's employees working on the job site must be immediately reported to the Engineer (professional). G. The certificates to the above insurance policies shall be filed with the City Secretary within ten (10) days after notification of award of contract. H. The Contractor shall also comply with all Federal, State, and Local laws and ordinances relating to Social Security, Unemployment Insurance, Pensions, etc., and shall pay all taxes, levies or assessments for which he may be liable. 17. Guarantees - Guarantee work, including equipment installed, to be free from defects due to faulty workmanship or materials for period of one year from date of issue of Certificate of Acceptance. Upon notice from Owner, repair defects in all construction which develop during specified period at no cost to Owner. Neither fmal acceptance nor fmal payment nor any provision in Contract Documents relieves Contractor of above guarantee. Notice of observed defects will be given with reasonable promptness. Failure to repair or replace defect upon notice entitles Owner to repair or replace same and recover reasonable cost thereof from Contractor and/or his Surety. 18. Wage Rates and Subcontractors. The current wage rates as shown on the attached sheets (Attachment 3) shall apply. It's mandatory that the contractor and any subcontractor under him pay not less than the said specified rates to all laborers, workmen and mechanics employed by him in the execution of this contract, as specified in the Tex. Rev. Civ. Stat. Ann. art. 5159a. Contractor and all subcontractors shall pay the following rates as a minimum for this Contract (See Attached Wage Rates). The Contractor and each subcontractor shall keep, or cause to be kept, an accurate record showing the names and occupations of alllaborers, workmen and mechanics employed by him, in connection with this contract, and showing also the actual per diem wages paid to each of such workers, which record shall be open at all reasonable hours to the inspection of the City of La Porte, its officers and agents. eMf JOB NO. 03-093 sr-4 City of La Porte Public Work's Metal Building The Contractor shall pay, as a penalty, sixty dollars ($60.00) to the Owner for each calendar day, or portion thereof, for each laborer, workman or mechanic, who is paid less than the stipulated rate for any work done under this Contract. The Contractor shall submit to the Owner documentation of compliance with the above items, on a periodic as requested basis. 19. Progress Schedule - Within 15 days after execution of Contract and prior to Pre-Construction Conference, whichever is earlier, submit, in acceptable form, anticipated progress schedule covering work to be performed. Schedule shall be updated periodically to reflect changes. 20. Upon completion of each facility, the Contractor shall furnish Owner with two sets of direct prints, marked with red pencil, to show as-built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: 1. Horizontal and vertical locations of work. 2. Changes in equipment and dimensions due to substitutions. 3. "Nameplate" data on all installed equipment. 4. Deletions, additions, and changes to scope of work. 5. Any other changes made. Record drawings are to be submitted with Contractor's Notice of Completion and are a condition of the Contractor's Notice of Completion. 21. Preservation of Trees and Shrubs. Trees and shrubs within the right-of-way shall not be removed or disturbed unless stated otherwise on the plans. Where tree roots must be cut follow the repair method described in the "Technical Specifications". 22. Any areas of grass which are disturbed or dug up during the construction shall be replaced with St. Augustine sod or grass which matches the grass removed or as stated on plans. 23. When construction occurs in City right-of-ways, alleys and easements on residential yard areas, care shall be taken to minimize construction damage to yard areas. Contractor shall return all areas to a condition equal or better than prior to construction. 24. Subsurface Exploration - It is not represented that PLANS show all existing storm sewer, sanitary sewer, water, gas, telephone, petroleum or petroleum related pipelines and electrical facilities and other underground structures. It is the Contractor's responsibility to determine the depth, location and their existence which may conflict with the proposed construction by referring to available records, consulting appropriate municipal departments and utility owners and by making necessary exploration and excavations. All investigative work will be done and all repairs required after completion of investigative work shall be performed by the Contractor at no additional cost to the project. rM1JnR NO m-n9~ SC-5 City of La Porte Public Wark '$ Metal Building Whenever existing utilities, not indicated on PLANS, present obstructions to grade and alignment of pipe, immediately notify Professional and Owner, who without delay, will determine whenever existing utilities are to be relocated, or grade and alignment of proposed pipe changed. When necessary to move services, poles, guy wires, pipelines, or other obstructions, the Contractor shall contact and coordinate and make arrangements with owners of said utilities. Owner will not be liable for damages on account of delays due to changes or adjustments made by owners of privately owned utilities and faulty workmanship by owners of privately owned utilities which hinder progress of work regardless of work authorized by Owner or other entities. It is the Contractor's responsibility to relocate or adjust existing water and sprinkler lines less than 2 inch diameter and sanitary sewer service lines less than 8 inch diameter as an incidental cost to the project. 25. In the event a utility including but not limited to gas, electric, telephone, petroleum or petroleum related pipelines is exposed due to excavation, the appropriate company shall be contacted by the Contractor. The Contractor shall make a concerted effort to the Professional's satisfaction to avoid any conflict with the utility. The Contractor shall provide all the necessary documentation for performing such efforts. The documentation shall be either telephone conversation memo's, letters, meeting's on site and oth er coordination efforts utilized to identify the unknown utility or pipeline. The Professional will review all the documentation provided by the Contractor. In the event, the Professional determines that the Contractor had made a concerted effort to avoid the conflict and in spite of his effort, the conflict cannot be avoided without the utility being relocated, those relocation costs will be borne by the Owner (The Contractor is still responsible for contacting and coordinating with the utility or the pipeline company). The Owner will not be responsible for damages on account of delays due to the coordination efforts by the Contractor and to the relocation efforts by the utility or pipeline or product company. 26. Utility Services for Construction - Contractor will provide all utilities necessary for construction at no additional cost to Owner. Contractor shall obtain a fire hydrant water meter from the City. Contractor shall not use resident's water. It is expressly understood and agreed that the Owner assumes no responsibility for any loss resulting to the Contractor from any loss of pressure or failure of the water system, however, in the event of failure that can be attributed to the Owner, the Owner does agree to make repairs and restore service as expeditiously as possible. 27. Interruption of Utility Services - Operate no valve or other control on existing systems. Exercise care in performing work so as not to interrupt service. Locate and uncover existing utilities ahead of heavy excavation equipment. At house connections, either lift trenching machine over lines or cut and reconnect with minimum interruption of service. In the event there is a need for interruption of water service, the Contractor shall contact the City in writing so that the City forces can operate the appropriate valves. The Contractor shall provide a minimum of72 hours notice to property owners whose service will be interrupted. 28. Resident and Property Owner Notification. Once the work begins it shall be constructed and completed in the shortest time possible to minimize inconvenience to property owners. Contractor shall assure that all affected property owners are notified between 72 hours and 2 weeks before work begins on their street/alley/easement. The Contractor shall provide property owners the minimum following information; work to be performed, starting and ending dates, and name and number of City official to be contacted for CMI JOB NO. 03-093 SC-6 City of La Porte Public Work's Metal Building questions. Written notices shall be approved by Engineer prior to distribution. 29. Traffic During Construction. When construction begins on a street, the Contractor shall maintain traffic on the streets at all times. Contractor shall also make necessary provisions to allow ambulance, police, fire and other emergency vehicles access to the street. During construction, the Contractor shall allow resident traffic access to the street with proper guidance, direction, flagmen and traffic control and only at such times that damage will not occur to the new construction or to the vehicles. 30. Closing Streets to Traffic. The Contractor shall maintain traffic on the project streets throughout construction. In the event a Contractor must close a street to all traffic, he shall obtain prior permission from the Public Works Department and he shall provide a minimum of 48 hours notice in writing to the following; the Engineer, City's Public Works Department, City's Fire Department, and City's Police Department. 31. Warning Signs and Barricades. When any street or any section of a street is closed, the Contractor shall furnish and maintain adequate barricades, warning and directing signs, red flags and lights at the end of each street and at all intersections along the street within the limits of the work. All expenses incurred for the above requirements shall be borne by the Contractor. All warning signs and barricades shall be in conformance with the Texas Manual of Uniform Traffic Control Devices latest edition. 32. Barricading Excavation Areas. All excavation areas shall be barricaded at all times to prevent motorists from inadvertently driving into bore pits, open cuts, and trenches. All excavation must also be cordoned off with 4-foot high orange polyethylene fence with mesh size 2.5" by 0.80", Tenax Beacon or approved equal, installed as per manufacturer's recommendations and acceptable to the City of La Porte. The fence shall be supported with enough intermediate support to avoid excessive sagging. Adequate barricades with flashing yellow lights shall also be provided to protect pedestrian traffic and vehicular traffic. No excavations shall be left open overnight. All excavations which cannot be back filled overnight for the installation of manholes, sanitary sewers, and utilities shall be covered with anchored steel sheeting, in paved areas, and 3/4" plywood, wood planking or some other material approved by the City in non-paved areas. The steel sheeting shall be of sufficient thickness to support H-20 loading, truck or lane, that produces maximum stress. The excavation area must be well protected with traffic barricades equipped with flashing yellow lights. It is the Contractor's responsibility to insure the safety of the public, himself, his employees and all other persons. Provisions listed here are minimum measures and in no way relieves the Contractor of his responsibility or changes or alters other requirements within these contract documents. The Contractor is hereby made aware that the work is being conducted in an area consisting of a high amount of pedestrian and vehicular traffic. The possibility of vandalism to his barricades, sheeting, tape, other protective devices and equipment does exist. The Contractor is responsible for maintaining all traffic barricades, sheeting, tape and other protective devices during construction hours and non-construction hours such as weekends, holidays, nights and inclement weather periods. Upon notification of the need for eM! JOB NO. 03-093 SC-7 City of La Porte Public Work's Metal Building maintenance of the barricaded areas, either by the Contractor's own personnel, the City or its representatives, the Contractor shall promptly take the required corrective measures. 33. Replacement of Damage. If any damage is done to existing asphalt or concrete roads or appurtenances, by equipment, tires, metal tracks or other construction practices, damage shall be saw cut, removed and replaced with materials equal to or superior to the existing material. Damage shall include but not limited to scrapes and tread marks. 34. Damage to pavement, curbs, driveways, sidewalks or any other structure caused by the Contractor during construction shall be repaired at the Contractor's expense. 35. Construction Sequence. It is important to the City that this project be accomplished in the most expedient manner possible. The Contractor shall schedule his work such that each section will be substantially complete prior to moving his construction operation to another section. More than one section can be under construction at one time, only if each section has continuous, active, and uninterrupted construction operation. The nature of this project is such that there are different sections along the project alignment where construction may occur. The Contractor shall not leave one construction section to begin work on another site unless: · The work on the section, in the City's opinion, is complete to the point where the Contractor can move to the next section. · The Contractor will maintain an active on-going construction effort on each section to a completion point which the City feels is adequate; and the City concurs that an active on-going construction effort is being maintained. · The Contractor has adequate forces to work multiple sections to the City's satisfaction; and the City concurs with the Contractor that adequate forces are available. 36. Alternate Designs - If alternate design features are proposed for convenience of Contractor, submit design calculations and detail drawings covering proposed changes and related modifications of Contract PLANS to Professional for review. Make drawings same size as Contract PLANS and of comparable quality. Make payment of charges resulting from modifications, including engineering charges for checking such designs. 37. Cleanup. Remove from site of work, and from public and private property, temporary structures, rubbish and waste materials including excess excavated materials. Dispose of surplus earth as directed or as specified. Contractor is to be aware that the cleanup procedure will be strictly enforced by the City. There will be no extra pay for complying to said item. Complete cleanup of a site shall be mandatory before the Contractor can begin work on another site. Multiple sites can be worked on simultaneously, however, complete cleanup must be conducted before a work crew leaves one site to work on another site. eMf JOB NO. 03-093 SC-8 City of La Porte Public Work's Metal Building 38. Some manholes or structures may have been paved over or otherwise covered up, may not be existing, may not be correctly shown in the plans, or may be shown as a c1eanout or vice versa. The cost to field locate and open the manhole or the structures shall be incidental to the work specified. The Contractor shall verify all the above prior to construction. The City will make a concerted effort to provide layout maps of the existing utilities, but the City does not guarantee the accuracy of such information. The information provided will in no way relieve the Contractor of his responsibility of verification prior to construction. 39. Incidental Construction Items. All items called out on the construction drawings or within the specifications which are not itemized in the bid proposal section of these documents shall be considered incidental to the cost of the project. 40. All testing equipment shall be calibrated at maximum twelve month intervals and after any repairs or adjustments by devices of accuracy traceable to either National Bureau of Standards or accepted values of natural physical constants. The Contractor shall provide a written certification to the Engineer on the calibration. 41. The Contractor shall carry out his operations in strict accordance with all applicable Occupational Safety and Health Administration (OSHA) standards. Special attention is drawn to those safety requirements involving work on all elevated platforms and entry into a confined space. It shall be the Contractor's responsibility to familiarize himself with OSHA standards and regulations pertaining to all aspects of the work. All work shall be done in accordance with OSHA, Safety and Health Regulations of the United States Government for Construction, State of Texas laws and regulations and City ordinances. 42. Contractor shall be aware that groundwater is present in the construction sites. Seepage into excavation may occur. This seepage should be collected in sumps and pumped out. This type of de-watering is considered incidental to the cost of the improvement. 43. The Contractor shall monitor all excavations and retaining structures on a continuous basis by experienced personnel who can make evaluations as to the appropriateness of the retention system used. 44. The Contractor shall comply with the new Texas Worker's Compensation Commission Rule, 28 T AC~ 11 0.11 0 relating to Reporting Requirements for Building or Construction Projects for Governmental Entities. 45. Trench Safety - Contractor shall be aware that conditions may exist whereby solid sheeting and shoring may be more appropriate than trench boxes. The Contractor shall provide an excavation safety system as approved by OSHA 29 CFR Part 1926 (amended October 31, 1989) indicating the use of sheeting, shoring, bracing, under pinning, etc., to be utilized where conditions warrant such system. This system shall be provided in addition to other excavation systems the Contractor selects as per section 01526 "Trench Safety System". eMl JOB NO. 03-093 SC-9 City of La Porte Public Work's Metal Building 46. All claims for extension of time shall be made in writing to the Owner no more than ten days after the occurrence of the delay or after the cause of the delay has become apparent; otherwise they shall be waived. In the case of the continuing cause of delay, only one claim is necessary. Any request for an extension of time shall be accompanied by a revised construction schedule which, if approved by the Owner, shall become the Contractor's construction schedule. When the Contract is on a calendar day basis, no extension of time shall be allowed for adverse weather conditions reasonably anticipatable from historical weather data, and such weather conditions shall not be deemed a casualty beyond the Contractor's control. Should the Contractor request a weather extension for extreme and unusual weather, the Contractor shall submit data adequate to support his claim, compiled from U.S. Weather Bureau information, unless otherwise specified. 47. Dust Control - The Contractor shall take necessary measures to control dust on the site and minimize blowing dust. The Contractor shall water the site as necessary and when requested by the City to control blowing dust. The site shall be watered to the City's satisfaction. 48. Where reference within these documents and plans is made to the Professional Engineer, such Professional Engineer shall be Registered or Licensed in the State of Texas. 49. The Contractor shall be aware that utilities and pipelines (including but not limited to telephone, gas, petrochemical or petroleum product lines, cable, and electric) are present in the easements and in the right- of-way. The possibility of encountering these lines during excavation is very high. The Contractor shall coordinate with all the pertinent utility companies and schedule his work in such a manner that delays and interruptions of service do not occur. The Contractor will provide adequate protection as necessary to the utility company's satisfaction and include costs in the related bid items to work around the pertinent utilities and to complete the work. 50. The Contractor shall provide a minimum of 72 hours notice in writing regarding any testing on the water lines to the City and the Engineer. The Contractor shall document the results of the testing and provide it to the Engineer at the end of the project. 51. The Contractor is responsible for locating the existing water lines, including valves prior to construction. The Contractor shall provide 72 hours notice in writing to the City for assistance in operating the valves in the system. 52. The locations of the fire hydrants are approximate. The Contractor shall field verify the locations with the Owner's representative and the Engineer prior to installation. In the event the Contractor fails to obtain concurrence with the Owner's representative and the Engineer regarding the locations, The Contractor shall relocate the said fire hydrants to the locations determined by the Owner at no cost to the project. 53 The City has the right to add or delete water line replacement areas and fire hydrant installation on existing lines at no additional cost to the project. eM! JOB NO. 03-093 SC-lO City of La Porte Public Work's Metal Building 54. The Contractor shall remove and replace fence sections as necessary to accomplish the construction at no additional cost to the Project. In the event of damage to fences or other improvements, structures, plants, landscaping, etc. due to Contractor's performance of work, the Contractor will replace them with equal or better product, to City's satisfaction, all at no additional cost to the Project. 55. Decisions of Disputes: ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work in respect to the changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than 30 days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within 90 days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within 30 days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within 30 days after receipt of the opposing party's submitt8.l, if any, in accordance with this paragraph. The Engineer's rendering of a formal decision shall be a condition precedent to further dispute resolution actions. 56. Mediation: Any Claim arising out of or related to the Contract may, by mutual agreement between the parties, and after initial decision by the ENGINEER, be subject to mediation. By mutual agreement, the parties may endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to the Contract and with the American Arbitration Association. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 57. Arbitration: Any Claim arising out of or related to the Contract shall, after initial decision by ENGINEER, be subject to arbitration. Claims not resolved by mediation shall be decided by arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The demand for arbitration shall be filed in writing with the other party to the Contract and with the American Arbitration Association, and a copy shall be filed with the ENGINEER. A demand for arbitration shall be made within 30 days after the ENGINEER's decision, or within 14 days after the final mediation proceedings, if both parties mutually agree to mediation. eM! JOB NO. 03-093 SC-ll City of La Porte Public Work's Metal Building 58. Limitation on Consolidation or Joinder: No arbitration arising out of or relating to the Contract shall include, by consolidation or joinder or in any other manner, the ENGINEER, the ENGINEER's employees or consultants, except by written consent containing specific reference to the Agreement and signed by the ENGINEER, OWNER, CONTRACTOR or any other person or entity sought to be joined. No arbitration shall include, by consolidation or joinder or any other manner, parties other than the OWNER, CONTRACTOR and other persons substantially involved in a common question of fact or law whose presence is required if complete relief is to be accorded in arbitration. No person or entity other than the OWNER, CONTRACTOR, shall be included as an original third party or additional third party to an arbitration whose interest or responsibility is insubstantial. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of a Claim not described therein or with a person or entity not described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof. 59. Claims and Timely Assertion of Claims: The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded. 60. Judgment on Final Award: The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. rUJ.l()R NO 03-()93 SC-12 City of La Porte Public Work's Metal Building TECHNICAL SPECIFICATIONS eM! JOB NO. 03-093 City of La Porte Public Work's Metal Building MEASUREMENT AND PAYMENT SECTION 01025 MEASUREMENT AND PAYMENT PART 1 GENERAL 1.01 SECTION INCLUDES A Procedures for measurement and payment plus conditions for nonconformance assessment and nonpayment for rejected products. 1.02 AUTHORITY A Measurement methods delineated in Specification sections are intended to complement the criteria of this section. In the event of conflict, the requirements of the Specification section shall govern. B Measurements and quantities submitted by the Contractor will be verified by the Engineer. C Contractor shall provide necessary equipment, workers, and survey personnel as required by Engineer to verify quantities. 1.03 UNIT QUANTITIES SPECIFIED A Quantity and measurement estimates stated in the Agreement are for contract purposes only. Quantities and measurements supplied or placed in the Work and verified by Engineer shall determine payment as stated in the General Conditions. B If the actual Work requires greater or lesser quantities than those quantities indicated in the Bid Form, provide the required quantities at the unit prices contracted, except as otherwise stated in the General Conditions. 1.04 MEASUREMENT OF QUANTITIES A Measurement by Weight: Reinforcing steel, rolled or formed steel or other metal shapes will be measured by CRSI or AISC Manual of Steel Construction weights. Welded assemblies will be measured by CRSI or AISC Manual of Steel Construction or scale weights. B Measurement by Volume: 1 Stockpiles: Measured by cubic dimension using mean length, width, and height or thickness. 2 Excavation and Embankment Materials: Measured by cubic dimension using the average end area method. eM! Job No. 03-093 01 02"i-1 City of La Porte Public Work's Metal Building MEASUREMENT AND PAYMENT C Measurement by Area: Measured by square dimension using mean length and width or radius. D Linear Measurement: Measured by linear dimension, at the item centerline or mean chord. E Stipulated Price Measurement: By unit designated in the agreement. F Other: Items measured by weight, volume, area, or lineal means or combination, as appropriate, as a completed item or unit of the Work. 1.05 PAYMENT A Payment Includes: Full compensation for all required supervision, labor, products, tools, equipment, plant, transportation, services, and incidentals; and erection, application or installation of an item of the Work; and Contractor's overhead and profit. B Total compensation for required Unit Price Work shall be included in Unit Price bid in Bid schedule. Claims for payment as Unit Price Work, but not specifically covered in the list of unit prices contained in Bid Schedule, will not be accepted. C No payment will be made for stored materials to be incorporated under items covered in unit prices. Such materials must be stored on the job site or at a location approved by the Engineer. D Progress payments will be based on the Engineer's observations and evaluations of quantities incorporated in the Work multiplied by the unit price. E Final payment for Work governed by unit prices will be made on the basis of the actual measurements and quantities determined by Engineer multiplied by the unit price for Work which is incorporated in or made necessary by the Work. 1.06 NONCONFORMANCE ASSESSMENT A Remove and replace the Work, or portions of the Work, not conforming to the Contract Documents. B If, in the opinion of Engineer, it is not practical to remove and replace the Work, the Engineer will direct one of the following remedies: 1 The nonconforming Work will remain as is, but the unit price will be adjusted to a lower price at the discretion of Engineer. 2 The nonconforming Work will be modified as authorized by the Engineer, and the unit price will be adjusted to a lower price at the discretion of Engineer, if the modified work is deemed to be less suitable than originally specified. CM! Job No. 03-093 01025-2 City of La Porte Public Work's Metal Building MEASUREMENT AND PAYMENT C Specification sections may modify these options or may identify a specific formula or percentage price reduction. D The authority of Engineer to assess the nonconforming work and identify payment adjustment is final. 1.07 NONPAYMENT FOR REJECTED PRODUCTS A Payment will not be made for any of the following: 1 Products wasted or disposed of in a manner that is not acceptable to Engineer. 2 Products determined as nonconforming before or after placement. 3 Products not completely unloaded from transporting vehicle. 4 Products placed beyond the lines and levels of the required Work. 5 Products remaining on hand after completion of the Work, unless specified otherwise. 6 Loading, hauling, and disposing of rejected products. PART2 PART2 PRODUCTS - NOT USED PART3 PART3 EXECUTION - NOT USED END OF SECTION CMI Job No. 03-093 01025-3 City of La Porte Public Work's Metal Building CHANGE ORDER PROCEDURES SECTION 01035 CHANGE ORDER PROCEDURES PART 1 GENERAL 1.01 SECTION INCLUDES A Procedures for processing Change Orders, including: 1 Assignment of a responsible individual for approval and communication of changes in the Work; 2 Documentation of change in Contract Price and Contract Time; 3 Change procedures, using proposals and construction contract modifications, work change directive, stipulated price change order, unit price change order, time and materials change order; 4 Execution of Change Orders; 5 Correlation of Contractor submittals. 1.02 REFERENCES A Rental Rate Blue Book for Construction Equipment (Data Quest Blue Book). Rental Rate is defined as the full unadjusted base rental rate for the appropriate item of construction equipment. 1.03 RESPONSIBLE INDIVIDUAL A Contractor shall provide a letter indicating the name and address of the individual authorized to execute change documents, and who shall also be responsible for informing others in Contractor's employ and Subcontractors of changes to the Work. The information shall be provided at the Preconstruction Conference. 1.04 DOCUMENTATION OF CHANGE IN CONTRACT PRICE AND CONTRACT TIME A Contractor shall maintain detailed records of changes in the Work. Provide full information required for identification and evaluation of proposed changes, and to substantiate costs of changes in the Work. B Contractor shall document each proposal for a change in cost or time with sufficient data to allow evaluation of the proposal. CMI Job No. 03-093 01035-1 City of La Porte Public Work's Metal Building CHANGE ORDER PROCEDURES C Proposals shall include, as a minimum, the following information as applicable: 1 Quantities of items in the original Bid Schedule with additions, reductions, deletions, and substitutions. 2 When Work items were not included in the Bid Schedule, Contractor shall provide unit prices for the new items, with supporting information as required by the Engineer. 3 Justification for any change in Contract Time. 4 Additional data upon request. D F or changes in the Work performed on a time-and-material basis, the following additional information may be required: 1 Quantities and description of products and equipment. 2 Taxes, insurance and bonds. 3 Overhead and profit. 4 Dates and times work was performed, and by whom. 5 Time records and certified copies of applicable payrolls. 6 Invoices and receipts for products, rented equipment, and subcontracts, similarly documented. E Rented equipment will be paid to the Contractor by actual invoice cost for the duration of time required to complete the extra work. If the extra work comprises only a portion of the rental invoice where the equipment would otherwise be on the site, the Contractor shall compute the hourly equipment rate by dividing the actual monthly invoice by 176. (One day equals 8 hours and one week equals 40 hours.) Operating costs shall not exceed the estimated operating costs given for the item of equipment in the Blue Book. F For changes in the work performed on a time-and-materials basis using Contractor- owned equipment, compute rates with the Blue Book as follows: 1 Multiply the appropriate Rental Rate by an adjustment factor of70 percent plus the full rate shown for operating costs. The Rental Rate utilized shall be the lowest cost combination of hourly, daily, weekly or monthly rates. Use 150 percent of the Rental Rate for double shifts (one extra shift per day) and 200 percent of the Rental Rate for more than two shifts per day. No other rate adjustments shall apply. 2 Standby rates shall be 50 percent of the appropriate Rental Rate shown in the Blue Book. Operating costs will not be allowed. CMf Job No. 03-093 01035-2 City oILa Porte Public Work's Metal Building. CHANGE ORDER PROCEDURES 1.05 CHANGE PROCEDURES A Changes to Contract Price or Contract Time can only be made by issuance of a Change Order. Issuance of a Work Change Directive or written acceptance by the Engineer of changes will be formalized into Change Orders. All changes will be in accordance with the requirements of the General Conditions. B The Engineer will advise of minor changes in the Work not involving an adjustment to Contract Price or Contract Time as authorized by the General Conditions by issuing supplemental instructions. C Contractor may request clarification of Drawings, Specifications or Contract Documents or other information. Response by the Engineer to a Request for Information does not authorize the Contractor to perform tasks outside the scope of the Work. All changes must be authorized as described in this section. 1.06 PROPOSALS AND CONTRACT MODIFICATIONS A The Engineer may issue a Request for Proposal, which includes a detailed description of a proposed change with supplementary or revised Drawings and Specifications. The Engineer may also request a proposal in the response to a Request for Information. Contractor will prepare and submit its Proposal within 7 days or as specified in the request. B The Contractor may propose an unsolicited change by submitting a Proposal to the Engineer describing the proposed change and its full effect on the Work, with a statement describing the reason for the change and the effect on the Contract Price and Contract Time including full documentation. 1.07 WORK CHANGE DIRECTIVE A Engineer may issue a signed Work Change Directive instructing the Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. B The document will describe changes in the Work and will designate a method of determining any change in Contract Price or Contract Time. C Contractor shall proceed promptly to execute the changes in the Work in accordance with the Work Change Directive. 1.08 STIPULATED PRICE CHANGE ORDER A A stipulated price Change Order will be based on an accepted Proposal including the Contractor's lump sum price quotation. CMf Job No. 03-093 01035-3 City of La Porte Public Work's Metal Building CHANGE ORDER PROCEDURES 1.09 UNIT PRICE CHANGE ORDER A Where Unit Prices for the affected items of Work are included in the Bid Schedule, the unit price Change Order will be based on unit prices as originally bid, subject to provisions of the General Conditions. B Where unit prices of Work are not pre-determined in the Bid Schedule, Work Change Directive or accepted Proposal will specify the unit prices to be used. 1.10 TIME-AND-MATERlAL CHANGE ORDER A Contractor shall provide an itemized account and supporting data after completion of change, within time limits indicated for claims in the General Conditions. B Engineer will determine the change allowable in Contract Price and Contract Time as provided in the General Conditions. C Contractor shall maintain detailed records of work done on time-and-material basis as specified in paragraph 1.04, Documentation of Change in Contract Price and Contract Time. D Contractor shall provide full information required for evaluation of changes, and shall substantiate costs for changes in the Work. 1.11 EXECUTION OF CHANGE DOCUMENTATION A Engineer will issue Change Orders, Work Change Directives, or accepted Proposals for signatures of parties as described in the General Conditions. 1.12 CORRELATION OF CONTRACTOR SUBMITTALS A F or Stipulated Price Contracts, Contractor shall promptly revise Schedule of V alues and Application for Payment forms to record each authorized Change Order as a separate line item and adjust the Contract Price. B For Unit Price Contracts, the next monthly estimate of work after acceptance of a Change Order will be revised to include any new items not previously included and the appropriate unit rates. C Contractor shall promptly revise progress schedules to reflect any change in Contract Time, and shall revise schedules to adjust time for other items of work affected by the change, and resubmit for review. D Contractor shall promptly enter changes to the on-site and record copies of the Drawings, Specifications or Contract Documents as required in Section 01720 - Project Record Documents. ' CM! Job No. 03-093 01035-4 City of La Porte Public Work's Metal Building CHANGE ORDER PROCEDURES PART2 PRODUCTS - NOT USED PART 3 EXECUTION - NOTUSED END OF SECTION eMf Job No. 03-093 01035-5 City of La Yorte Public Work's Metal Building COORDINATION AND MEETINGS SECTION 01040 COORDINATION AND MEETINGS PART 1 GENERAL 1.01 SECTION INCLUDES A Section includes general coordination including preconstruction conference, site mobilization conference, and progress meetings. 1.02 RELATED DOCUMENTS A Coordination is required throughout the documents. Refer to all of the Contract Documents and coordinate as necessary. 1.03 ENGINEER AND REPRESENTATIVES A The Engineer may act directly or through designated representatives as defined in the General Conditions and as identified by name at the preconstruction conference. 1.04 CONTRACTOR COORDINATION A Coordinate scheduling, submittals, and Work of the various Specifications sections to assure efficient and orderly sequence of installation of interdependent construction elements. B Coordinate completion and clean up of Work for Substantial Completion and for portions of Work designated for Owner's partial occupancy. C Coordinate access to site for correction of nonconforming Work to minimize disruption of Owner's activities where Owner is in partial occupancy. 1.05 PRECONSTRUCTION CONFERENCE A Engineer will schedule a preconstruction conference. B Attendance Required: Engineer's representatives, Consultants, Contractor, and major Subcontractors. C Agenda: 1 Distribution of Contract Documents 2 Designation of personnel representing the parties in Contract, and the Consultant. 3 Review of insurance eM! Job No. 03-093 01040-1 City of La Porte Public Work's Metal Building COORDINATION AND MEETINGS 4 Discussion of formats proposed by the Contractor for schedule of values, and construction schedule 5 Procedures and processing of shop drawings and other submittals, substitutions, pay estimates or applications for payment, Requests for Information, Request for Proposal, Change Orders, and Contract closeout 6 Scheduling of the Work and coordination with other contractors 7 Review of Subcontractors 8 Appropriate agenda items listed for Site Mobilization Conference, paragraph 1.06 C, when preconstruction conference and site mobilization conference are combined 9 Procedures for testing 10 Procedures for maintaining record documents 11 Owner's requirements 12 Construction Schedule 13 Storm Water Pollution Prevention Plan 14 Submittals and NPDES Requirements 1.06 SITE MOBILIZATION CrnFERENCE A When required by the Contract Documents, Engineer will schedule a conference at the Project site prior to Contractor occupancy. B Attendance Required: Engineer representatives, Consultants, Contractor's Superintendent, and major Subcontractors. C Agenda: 1 Use of premises by Owner and Contractor 2 Safety and first aid procedures 3 Construction controls provided by Owner 4 Temporary utilities 5 Survey and layout 6 Security and housekeeping procedures eMf Job No. 03-093 01040-2 City of La Porte Public Work's Metal Building COORDINATION AND MEETINGS 1.07 PROGRESS MEETINGS A Project meetings shall be held at Project field office or other location as designated by the Engineer. Meeting shall be held at monthly intervals, or more frequent intervals if directed by Engineer. B Attendance Required: Job superintendent, major Subcontractors and suppliers, Engineer representatives, and Consultants as appropriate to agenda topics for each meeting. C Engineer or his representative will make arrangements for meetings, and recording minutes. D Engineer or his representative will prepare the agenda and preside at meetings. E Contractor shall provide required information and be prepared to discuss each agenda item. F Agenda: 1 Review minutes of previous meetings 2 Review of Work progress schedule submittal, and pay estimates, payroll and compliance submittals 3 Field observations, problems, and decisions 4 Identification of problems which impede planned progress 5 Review of submittals schedule and status of submittals 6 Review of Request for Information and Request for Proposal status 7 Change order status 8 Review of off-site fabrication and delivery schedules 9 Maintenance of progress schedule 10 Corrective measures to regain projected schedules 11 Planned progress during succeeding work period 12 Coordination of projected progress 13 Maintenance of quality and work standards 14 Effect of proposed changes on progress schedule and coordination 15 CMf Job No. 03-093 Other items relating to Work 01040- 3 City ojLa Porte Public Work's Metal Building COORDINATION AND MEETINGS PART2 PRODUCTS - NOT USED PART3 EXECUTION - NOT USED END OF SECTION eMf Job No. 03-093 01040-4 City of La Porte Public Work's Metal Building FIELD SURVEYING SECTION 01050 FIELD SURVEYING PART 1 GENERAL 1.01 QUALITY CONTROL A Conform to State of Texas laws for surveys requiring licensed surveyors. Employ a land surveyor acceptable to Engineer, if required. 1.02 SUBMITTALS A Submit to Engineer the name, address, and telephone number of Surveyor before starting survey work. B Submit documentation verifying accuracy of survey work on request. C Submit information under provisions of Section 01300 - Submittals. 1.03 PROJECT RECORD DOCUMENTS A Maintain a complete and accurate log of control and survey work as it progresses. B Submit Record Documents under provisions of Section 01720 - Project Record Documents. 1.04 EXAMINATION A Verify locations of survey control points prior to starting Work. B Notify Engineer immediately of any discrepancies discovered. 1.05 SURVEY REFERENCE POINTS A Control datum for survey is that established by Owner-provided survey and indicated on Drawings. B Locate and protect survey control points, including property comers, prior to starting site work; preserve permanent reference points during construction. C Notify Engineer 48 hours in advance of need for relocation of reference points due to changes in grades or other reasons. D Report promptly to Engineer the loss or destruction of any reference point. CM! Job No. 03-093 01050-1 City of La Porte Public Work's Metal Building FIELD SURVEYING E Contractor shall reimburse Owner for cost of reestablishment of permanent reference points disturbed by Contractor's operations. 1.06 SURVEY REQUIREMENTS A Utilize recognized engineering survey practices. B Establish a minimum of two permanent bench marks on site, referenced to established control points. Record locations, with horizontal and vertical data, on Project Record Documents. C Establish elevations, lines and levels to provide quantities required for measurement and payment and to provide appropriate controls for the Work. Locate and layout by instrumentation and similar appropriate means: 1 Site improvements including pavements; stakes for grading; fill and topsoil placement; utility locations, slopes, and invert elevations. 2 Grid or axis for structures. D Verify periodically layouts by same means. PART 2 PRODUCTS - NOT USED PART 3 EXECUTION - NOTUSED END OF SECTION CM! Job No. 03-093 01050-2 City of La Porte Public Work's Metal Building REFERENCE STANDARDS SECTION 01090 REFERENCE STANDARDS PART 1 GENERAL 1.01 SECTION INCLUDES A Section includes general quality assurance as related to Reference Standards and a list of references. 1.02 QUALITY ASSURANCE A For Products or workmanship specified by association, trade, or Federal Standards, comply with requirements of the standard, except when more rigid requirements are specified or are required by applicable codes. B Conform to reference standard by date of issue current on the date as stated in the General Conditions. C Request clarification from Engineer before proceeding should specified reference standards conflict with Contract Documents. 1.03 SCHEDULE OF REFERENCES AASHTO American Association of State Highway and Transportation Officials 444 North Capitol Street, N.W Washington, DC 20001 ACI American Concrete Institute P.O. Box 19150 Redford Station Detroit, MI48219-0150 AGC Associated General Contractors of America 1957 E Street, N.W. Washington, DC 20006 AI Asphalt Institute Asphalt Institute Building College Park, MD 20740 AITC American Institute of Timber Construction 333 W. Hampden Avenue Englewood, CO 80110 CMf Job No. 03-093 01090-1 City of La Porte Public Work's Metal Building AISC AISI ASME ANSI APA API AREA ASTM AWPA AWS AWWA CLFMI CM! Job No. 03-093 REFERENCE STANDARDS American Institute of Steel Construction 400 North Michigan Avenue, Eighth Floor Chicago, IL 60611 American Iron and Steel Institute 1000 16th Street, N. W. Washington, DC 20036 American Society of Mechanical Engineers 345 East 47th Street New York, NY 10017 American National Standards Institute 1430 Broadway New York, NY 10018 American Plywood Association Box 11700 Tacoma, W A 98411 American Petroleum Institute 1220 L Street, N.W. Washington, DC 20005 American Railway Engineering Association 50 F Street, N.W. Washington, DC 20001 American Society for Testing and Materials 1916 Race Street Philadelphia, PA 19103 American W ood- Preservers' Association 7735 Old Georgetown Road Bethesda, MD 20014 American Welding Society P.O. Box 35104 Miami, FL 33135 American Water Works Association 6666 West Quincy A venue Denver, CO 80235 Chain Link Fence Manufactures Institute 01090-2 City of La Porte Public Work's Metal Building CRD CRSI EJMA FS ICEA IEEE MIL NACE NEMA NFPA OSHA CMI Job No. 03-093 REFERENCE STANDARDS 1101 Connecticut Avenue, N.W. Washington, DC 20036 U.S.A. Corps. Of Engineers Concrete Reinforcing Steel Institute 933 Plum Grove Road Schaumburg, IL 60173-4758 Expansion Joint Manufacturers Association 707 Westchester A venue White Plains, NY 10604 Federal Standardization Documents General Services Administration, Specifications Unit (WFSIS) 7th and D Streets, S.W. Washington, DC 20406 Insulated Cable Engineer Association P.O. Box 440 S. Yarmouth, MA 02664 Institute of Electrical and Electronics Engineers 445 Hoes Lane P.O. Box 1331 Piscataway, NJ 0855-1331 Military Specifications General Services Administration, Specifications Unit (WFSIS) 7th and D Streets, S.W. Washington, DC 20406 National Association of Corrosion Engineers P.O. Box 986 Katy, TX 77450 National Electrical Manufacturers' Association 210 1 L Street, N. W., Suite 300 Washington, DC 20037 National Fire Protection Association Batterymarch Park, P.O. Box 9101 Quincy, MA 02269-9101 Occupational Safety Health Administration 01090-3 City of La Porte Public Work's Metal Building REFERENCE STANDARDS U.S. Department of Labor, Government Printing Office Washington, DC 20402 PCA Portland Cement Association 5420 Old Orchard Road Skokie,IL6oo77-1083 PCI Prestressed Concrete Institute 201 North Wacker Drive Chicago, IL 60606 SDI Steel Deck Institute Box 9506 Canton, OR 44711 SSPC Steel Structures Painting Council 4400 Fifth Avenue Pittsburgh, P A 15213 TAC Texas Administrative Code TNRCC Texas Natural Resource Conservation Commission P.O. Box 13087 Austin, TX 78711-3087 TxDOT Texas Department of Transportation 11 th and Brazos Austin, TX 78701-2483 UL Underwriters' Laboratories, Inc. 333 Pfmgston Road Northbrook, IL 60062 UNI-BELL UNI-BELL Pipe Association 2655 Villa Creek Drive, Suite 155 Dallas, TX 75234 PART 2 PART2 PRODUCTS - NOTUSED PART 3 PART3 EXECUTION - NOTUSED END OF SECTION eM! Job No. 03-093 01090-4 City of La Porte Public Work's Metal Building SUBMITTALS SECTION 01300 SUBMITTALS PART 1 GENERAL 1.01 SECTION INCLUDES A Submittal procedures for: 1 Schedule of Values 2 Construction Schedules 3 Shop Drawings, Product Data, and Samples 4 Operations and Maintenance Data 5 Manufacturer's Certificates 6 Construction Photographs , 7 Project Record Documents 8 Design Mixes 1.02 SUBMITTAL PROCEDURES A Scheduling and Handling rUT .!nh Nfl 03-09~ 1 Schedule submittals well in advance of the need for the material or equipment for construction. Allow time to make delivery of material or equipment after submittal is approved. 2 Develop a submittal schedule that allows sufficient time for initial review, correction, resubmission and fmal review of all submittals. The Engineer will review and return submittals to the Contractor as expeditiously as possible but the amount oftime required for review will vary depending on the complexity and quantity of data submitted. In no case will a submittal schedule be acceptable which allows less than 30 days for initial review by the Engineer. This time for review shall in no way be justification for delays or additional compensation to the Contractor. 3 The Engineer's review of submittals covers only general conformity to the Drawings, Specifications and dimensions which affect the layout. The Contractor is responsible for quantity determination. No quantities will be verified by the Engineer. The Contractor is responsible for any errors, omissions or deviations from the Contract requirements; review of submittals 01300-1 City olLa Porte Public Work's Metal Building SUBMITTALS in no way relieves the Contractor from his obligation to furnish required items according to the Drawings and Specifications. 4 Submit 5 copies of documents unless otherwise specified in the following paragraphs or in the Specifications. 5 Revise and resubmit submittals as required. Identify all changes made since previous submittal. 6 The Contractor shall assume the risk for material or equipment which is fabricated or delivered prior to approval. No material or equipment shall be incorporated into the Work or included in periodic progress payments until approval has been obtained in the specified manner. B Transmittal Form and Numbering 1 Transmit each submittal to the Engineer with a transmittal form. 2 Sequentially number each transmittal form beginning with the number 1. Resubmittals shall use the original number with an alphabetic suffix (i.e., 2A for first resubmittal of Submittal 2 or 15C for third resubmittal of Submittal 15). Each submittal shall only contain one type of work, material, or equipment. Mixed submittals will not be accepted. 3 Identify variations from requirements of Contract Documents and identify product or system limitations. 4 For submittal numbering of videotapes, see paragraph 1.10 Video. C Contractor's Certification 1 Each submittal shall contain a statement or stamp signed by the Contractor, certifying that the items have been reviewed in detail and are correct and in accordance with Contract Documents, except as noted by any requested vanance. 1.03 SCHEDULE OF VALUES A Submit a Schedule of Values at least 10 days prior to the first Application for Payment. A Schedule of Values shall be provided for each of the items indicated as Lump Sum (LS) in the Bid Schedule for which the Contractor requests to receive progress payments. B Schedule of Values shall be typewritten on 8-112" x 11 ", plain bond, white paper. Use the Table of Contents of this Project Manual as a format for listing costs of Work by Section. CMI Job No. 03-093 01300-2 City oJ La Porte Public Work's Metal Building SUBMITTALS C Round off figures for each listed item to the nearest $100.00 except for the value of one item, if necessary, to make the total price for all items listed in the Schedule of Values equal to the applicable lump sum amount in the Bid Schedule. D For Unit Price Contracts, items should include a proportional share of Contractor's overhead and profit, such that the total of all items listed in the Schedule of Values equals the Contract amount. For Stipulated Price Contracts, mobilization, bonds, and insurance may be listed as separate items in the Schedule of Values. E F or lump sum equipment items where submittal of operations and maintenance data and testing are required, include a separate item for equipment operation and maintenance data submittal valued at 5 percent of the lump sum amount and a separate item for testing and adjusting valued at 5 percent of the lump sum amount. F Revise the Schedule of Values and resubmit for items affected by Contract Modifications, Change Orders, and Work Change Directives. Submit revised Schedule of Values 10 days prior to the first Application for Payment after the changes are approved by the Engineer. 1.04 CONSTRUCTION SCHEDULES A Submit Construction Schedules for the Work in accordance with the requirements of this Section. The Construction Schedule Submittal shall be a bar chart, either computer generated, or prepared manually and a narrative report. B During the Pre-construction Meeting, as noted in Section 01040 - Coordination and Meetings, the Contractor shall provide a sample of the format to be used for the Construction Schedule Submittal. The format is subject to approval by the Engineer. Review of the submittal will be provided within 7 days of the submittal of the sample. C Within 7 days of the receipt of approval of the Contractor's format, or 14 days of the Notice to Proceed, whichever is later, the Contractor shall submit a proposed Construction Schedule for review. The Construction Schedule Submittal shall meet the following requirements: 1 The schedule shall usually include a total of at least 20 but not more than 50 activities. Fewer activities may be accepted, if approved by the Engineer. 2 For projects with work at different physical locations, each location should be indicated separately within the schedule. 3 For projects with multiple crafts or significant subcontractor components, these elements should be indicated separately within the schedule. 4 For projects with multiple types of tasks within the scope, these types of work should be indicated separately within the schedule. eM! Job No. 03-093 01300-3 City olLa Porte Public Work's Metal Building SUBMITTALS 5 For projects with significant major equipment items or materials worth over 30 percent of the Total Contract Price, the schedule shall indicate dates when these items are to be purchased, when they are to be delivered, and when installed. 6 For projects where operating plants are involved, each period of work which will require the shut down of any process or operation shall be identified in the Schedule and must be agreed to by the Engineer prior to starting work in the area. D The Contractor must receive approval of the Engineer for the Schedule and billing estimate prior to the first monthly Application for Payment. No payment will be made until these are accepted. E Upon written request from the Engineer, the Contractor shall revise and submit for approval all or any part of the Construction Schedule to reflect changed conditions in the Work or deviations made from the original plan and schedule. F The Contractor's Construction Schedule shall thereafter be updated with the Actual Start and Actual Finish Dates, Percent Complete, and Remaining Duration of each Activity and submitted monthly. The date to be used in updating the monthly Construction Schedule shall be the same Date as is used in the monthly Application for Payment. This monthly update of the schedule shall be required before the monthly Application for Payment will be processed for payment. G The narrative Schedule Report shall include a description of changes made to the Construction Schedule; Activities Added to the Schedule; Activities Deleted from the Schedule; any other changes made to the Schedule other than the addition of Actual Start Dates and Actual Finish Dates and Remaining Durations. 1.05 SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES A Shop Drawings 1 Submit shop drawings for review as required by the Specifications. 2 Contractor's Certification, as described in paragraph 1.02C, shall be placed on each drawing. 3 The drawings shall accurately and distinctly present the following: a. Field and erection dimensions clearly identified as such b. Arrangement and section views c. Relation to adjacent materials or structure including complete information for making connections between work under this Contract and work under other contracts CMf Job No. 03-093 01100-4 City of La l'orte Public Work's Metal Building SUBMITTALS d. Kinds of materials and finishes e. Parts list and descriptions g. Assembly drawings of equipment components and accessories showing their respective positions and relationships to the complete equipment package Where necessary for clarity, identify details by reference to drawing sheet and detail numbers, schedule or room numbers as shown on the Contract Drawings. f. 4 Drawings shall be to scale, and shall be a true representation of the specific equipment or item to be furnished. B Product Data I Submit product data for review as required in Specification sections. 2 Contractor's Certification, as described in paragraph 1.02C, shall be placed on each data item submitted. 3 Mark each copy to identify applicable products, models, options to be used in this Project. Supplement manufacturers' standard data to provide information unique to this Project, where required by the Specifications. 4 F or products specified only by reference standard, give manufacturers, trade name, model or catalog designation and applicable reference standard. 5 For products proposed as alternates to "approved" products, as described in Section 01630 - Product Options and Substitutions, provide all information required to demonstrate the proposed products meet the level of quality and performance criteria of the "approved product". C Samples I Submit samples for review as required by the Specifications. 2 Contractor's Certification, as described in paragraph 1.02C, shall be placed on each sample or a firmly attached sheet of paper. 3 Submit the number of samples specified in Specifications; one of which will be retained by the Engineer. 4 Reviewed samples which may be used in the Work are identified in Specifications. CMI Job No. 03-093 01300-5 City of La Porte Public Work's Metal Building SUBMITTALS 1.06 OPERATIONS AND MAINTENANCE DATA A When specified in Specification sections, submit manufacturers' printed instructions for delivery, storage, assembly, installation, start-up, operation, adjusting, finishing, and maintenance. B Contractor's Certification, as described in paragraph I.02C, shall be placed on front page of each document. C Identify conflicts between manufacturers' instructions and Contract Documents. 1.07 MANUFACTURER'S CERTIFICATES A When specified in Specification sections, submit manufacturers' certificate of compliance for review by Engineer. B Contractor's Certification, as described in paragraph I.02C, shall be placed on front page of the certificate. C Submit supporting reference data, affidavits, and certifications as appropriate. D Certificates may be recent or previous test results on material or product, but must be acceptable to Engineer. 1.08 CONSTRUCTION PHOTOGRAPHS A Prints: Prepare 2 prints of each view and submit I print directly to the Engineer within 7 days of taking photographs. One print shall be retained by the Contractor and made available at all times for reference. B Negatives: With each submittal, include photographic negatives, in protective envelopes, identify by Project name, Contractor, and date photographs were taken. C PRECONSTRUCTION PHOTOGRAPHS I Prior to the commencement of any construction, take 35mm color photographs of the entire route of the project. 2 Photographs: Two prints; color, matte finish; 3 x 5 - inch size, mounted on 8-1/2 x II-inch soft card stock, with left edge binding margin for three hole punch, or in plastic pockets in three-ring notebook. 3 The photographs shall show: a. Date photographs were taken b. Location of the photograph, house number and street name. This information may be shown on a chalkboard in the photograph or by a label on the mountings. CMf Job No. 03-093 01300-6 City of La Porte Public Work's Metal Building SUBMITTALS 4 Photographs should show the condition of the following: a. Esplanades and boulevards b. Yards (near side and far side of street) c. Housewalk, sidewalk and driveway. d. Curb e. Area between walk and curb (1). Particular features (yard light, shrubs, fences, trees, etc.) (2). Trees, shrubs and grass D POST CONSTRUCTION PHOTOGRAPHS 1 On completion of construction, provide photographs of any public or private property which has been repaired or restored and any damage which is the subject of complaints. 2 Submit in same quantity and format as the preconstruction photographs. 1.09 PROJECT RECORD DOCUMENTS A Maintain one record copy of documents at the site in accordance with conditions. B Store Record Documents and samples in field office if a field office is required by Contract Documents, or in a secure location. Provide files, racks, and secure storage for Record Documents and samples. C Label each document "PROJECT RECORD" in neat, large, printed letters. D Maintain Record Documents in a clean, dry, and legible condition. Do not use Record Documents for construction purposes. E Keep Record Documents and Samples available for inspection by Engineer. F RECORDING 1 Record information concurrently with construction progress. Do not conceal any work until required information is recorded. 2 Contract Drawings and Shop Drawings: Legibly mark each item to record all actual construction, or "as built" conditions, including: a. Measured horizontal locations and elevations of underground utilities and appurtenances, referenced to permanent surface improvements. CMf Job No. 03-093 01300-7 City of La Porte Public Work's Metal Building SUBMITTALS b. Elevations of underground utilities referenced to benchmark utilized for project. c. Field changes of dimension and detail. d. Changes made by modifications. e. Details not on original contract drawings. f. References to related shop drawings and Modifications. G Record information with a red pen or pencil on a set of blue line opaque drawings, provided by Engineer. 1.10 DESIGN MIXES A When specified in Specifications, submit design mixes for review. B Contractor's Certification as described in paragraph 1.02C, shall be placed on front page of each design mix. C Mark each design mix to identify proportions, gradations, and additives for each class and type of design mix submitted. Include applicable test results on samples for each mIX. D Maintain a copy of approved design mixes at mixing plant. PART 2 PRODUCTS - NOT USED PART 3 EXECUTION - NOT USED END OF SECTION CMI Job No. 03-093 01 iOO-R City oJ La f'orte Public Work's Metal Building CONSTRUCTION SCHEDULE SECTION 01310 CONSTRUCTION SCHEDULE PART 1 GENERAL 1.01 DESCRIPTION A Furnish projected construction schedule for entire work. B Revise monthly. 1.02 FORM OF SCHEDULE A Prepare by bar chart method. B Arrange by chronological order by beginning of each item of work. 1.03 CONTENT OF SCHEDULES A Include complete sequence of construction by activity: 1 Shop drawings, product data and samples: Submittal dates and dates reviewed copies will be required. 2 Decision dates. 3 Product procurement and delivery dates. 4 Dates for beginning, and completion of each element of construction. B Show projected percentage of completion for each item of work as of first day of each month. C Furnish subschedules to define critical portions of entire schedule. D Show anticipated payment to complete work. 1.04 UPDATING A Show all changes occurring since previous month's submission of updated schedule. B Indicate progress of each activity. C Show completion dates. D If in opinion of the Owner, Contractor falls behind in scheduled progress, Contractor shall take steps required to regain lost progress without additional cost to Owner, and likewise revise schedule accordingly. eMf Job No. 03-093 01310-1 City of La Porte Public Work's Metal Building CONSTRUCTION SCHEDULE 1.05 SUBMITTALS A Submit initial schedules within fifteen days after execution of Contract or at the time of the Pre-Construction conference. B Engineer will review schedules and return review copy within ten days after receipt. C If required, resubmit within seven days after return of review copy. D Submit periodically updated schedules accurately depicting progress to first day of each month. E Submit number of copies required by Contractor plus four copies to be retained by Engineer. 1.06 DISTRIBUTION A Distribute copies of reviewed schedules to: 1 Engineer. 2 Job-site file. 3 Subcontractors. 4 City representative. PART 2 PRODUCTS - NOT USED PART 3 EXECUTION - NOT USED END OF SECTION CMf Job No. 03-093 01310-2 City a/La Porte Public Work's Metal Building TESTING LABORATORY SERVICES SECTION 01410 TESTING LABORATORY SERVICES PART I-GENERAL 1.01 DESCRIPTION OF WORK A. The owner will furnish testing required by this Section. The Contractor shall cooperate with the independent testing laboratories (ITL) described herein to facilitate testing services. The ITL shall furnish all testing specified in this section. Separate testing shall be subject to the Engineer's approvaL B. Testing shall be for compliance with the specification requirements of the Contract Documents. Testing lab personnel will perform such other specialized technical services as may be required by the Engineer. C. Employment of the laboratory shall in no way relieve Contractor's obligations to perform the Work of the Contract. 1.02 RELATED WORK.: A. Specification Sections: All Sections applying to or affecting Work of this Section. 1.03 CONTRACTOR DUTIES: A. Secure and deliver to the ITL, without cost, preliminary representative samples of the materials he proposed to use and which are required to be tested. B. Furnish such casual labor and all facilities which are necessary to obtain and handle samples at the project and to facilitate the specified inspections. C. Assure the ITL access to the structural steel during fabrication so that the required shop inspections and tests can be made. D. Cooperate with ITL personnel in the securing of samples, for testing purposes, of material used. E. Advise the ITL and the Architect at least 72 hours in advance of operations to allow for completion of tests and for the assignment of personnel. F. Provide and maintain, for the sole use of the ITL, adequate facilities for safe storage and proper curing of such test specimens which must remain on the project site prior to testing. Concrete specimens should cure 24 hours as specified under ASTM C-31. CM! Job No. 03-093 01410-1 City of La Porte Public Work's Metal Building TESTING LABORATORY SERVICES G. Pay the ITL for such tests or inspections as are performed exclusively for the contractor's convenience, for such retests as may be occasioned by initial nonconformance of the materials with the Contract Documents and for cylinders and testing of concrete when early strength concrete is desired for form removal. H. The Contractor shall retain the services of Testing Laboratory other than ITL to prepare mix designs for each type of concrete on the Project. The mix designs and the cylinder tests of each type of concrete will be submitted to the ITL and the Structural Engineer for review and approval prior to commencement of the Project. 1.04 REQUIREMENTS INCLUDED: A. Inspections and tests required to establish compliance with the Contract Documents, as provided for in the Contract Documents, shall be made by a prequalified, independent testing laboratory (ITL) approved by the Engineer. The cost of the services of such agency will be paid by the Owner. B. When the initial tests indicate noncompliance with the contract documents, any subsequent retesting, occasioned by noncompliance shall be performed by the same agency and the cost thereof shall be borne by the Contractor. Any costs incurred by the Architect and Engineers due to such noncompliance shall be paid by the Contractor. C. Representative of the testing agency shall have access to the Work at all times. The contractor shall provide facilities for such access in order that the agency may properly perform its function. D. Special Inspection: 1. If after the commencement of the Work, the Architect determines that any part of the Work requires special inspection, testing or approval, he will instruct the Contractor to order such special inspection, testing or approval, and the Contractor shall give notice in accordance with paragraph 1.03E above. If such special inspection or testing reveals a failure of the work to comply with the requirements of the work, the laws, ordinances, rules, regulations, or orders of any public authority having jurisdiction; the Contractor shall bear all costs thereof, including Structural Engineer's and Architect's additional services made necessary by such failure. 2. Inspection or testing performed exclusively for the contractor's convenience shall be sole responsibility of the Contractor. 3. Periodic tests will be carried out by the ITL. Criteria for acceptance of concrete mixes and strengths shall be as established in the technical specifications. eMf Job No. 03-093 01410-2 City of La Porte Public Work's Metal Building TESTING LABORATORY SERVICES E. If the Architect wishes to observe the inspection, tests or approvals, he may do so at the source of supply. F. Neither the observations and directives of the Architect, nor inspections, tests, or approvals by persons other than the Architect shall relieve the Contractor from his obligations to perform the work in accordance with the Contract Documents. 1.05 QUALIFICATIONS OF LABORATORY: A. The independent testing laboratory selected shall meet the basic requirements of ASTM E-329, "Standard Recommended Practice for Inspection and Testing Agencies for Concrete, Steel, and Bituminous Materials in Construction", and must submit to the Architect a current copy of an established Quality Assurance Manual meeting criteria of the American National Standards Institute (ANSI) N45.2 (1971) assuring that tests or inspections performed will be in accordance with established and accepted procedures and criteria. The ITL must also submit to the Architect, an established Calibration Manual (Metrology) complying with ANSI N45.2 (1971) criteria; an inventory list of acceptable, documented reference standards; and records or personnel qualifications pertaining to all on-site personnel. Equipment and staff referred to herein, shall be maintained exclusively for service on the subject project, except with the prior written approval of the Engineer. B. As a minimum, all ITL on-site supervisory personnel shall be a graduate of an accredited high school; have a minimum of five years documented experience in a like supervisory capacity in laboratory testing; and be qualified and certified in the fields of testing required for the Project, as well as metrology, as set forth in appropriate Quality Assurance and Calibration Manuals. C. Job site Technicians shall be experienced in the work they are performing and all testing personnel shall be satisfactory to the Engineer. D. All testing machines and measuring devices which require calibration shall be calibrated initially and at intervals not exceeding six months (except as authorized in writing); using reference standards readily traceable to the National Bureau of Standards or other standards specifically approved in writing; to accuracy limits and criteria approved by the Engineer. E. All calibration shall be performed by or under the direct supervision on the lIL manager, using in-house Qualified or Certified Metrology Personnel; in strict accordance with established Quality Assurance Procedures. CM! Job No. 03-093 01410-3 City of La Porte Public Work's Metal Building TESTING LABORATORY SERVICES F. All required calibration equipment and reference standards shall be the property of the Home Office of the ITL and shall be verified for accuracy and traceability prior to subsequent to calibration service period. Should any calibration equipment experience damage in transit, or for any reason fail to conform to specified accuracy requirements during verification of accuracy checks subsequent to on-site testing, any and all such equipment shall be repaired or replaced, as necessary so as to comply with effective Quality Assurance requirements and all affected on-site equipment shall be recalibrated immediately. G. In the event on-site testing apparatus fails to reflect compliance with acceptable limits of accuracy during any calibration period, such equipment shall be repaired or replaced; such nonconformance of equipment shall be brought to the immediate attention of the Architect, in writing; and the resolution of such nonconformances, if any, will be resolved on a case-by-case basis. H. Any deviation from established and accepted Quality Assurance criteria must be authorized and approved in writing by the Architect. 1.06 AUTHORITIES AND DUTIES OF THE ITL: A. The ITL is not authorized to revoke, alter, relax, enlarge or release any requirement of the specifications, nor to approve or accept any portion of the Work. When it appears that the material furnished or work performed by the Contractor fails to fulfill specification requirements, the ITL shall promptly direct the attention of the Owner, Architect and the Contractor to such deficiencies. B. Copies of all laboratory tests and inspection reports shall be issued promptly and directly to the Owner, Architect, the Structural Engineer, the Contractor and to such other persons as may be specified by the Structural Engineer. Test reports shall be indicated by notation (*) alongside all tests that fall be low norms with an explanation as to why the failure. The Contractor shall use these reported at his own risk. 1.07 PAYMENT FOR TESTING: A. Initial Services: The Owner will pay for initial testing services. B. Retesting: When initial tests indicate noncompliance with the Contract Documents, all subsequent retesting occasioned by the noncompliance shall be performed by the same testing agency and the costs thereof will be deducted by the Owner from the Contract Sum. CMf Job No. 03-093 01410-4 City of La Porte Public Work '$ Metal Building TESTING LABORATORY SERVICES C. Code Compliance Testing: Inspections required by codes or ordinances, or by a plan approval authority, and which are made by a legally constituted authority, shall be the responsibility of and shall be paid for by the Contractor, unless otherwise provided in the Contract Documents. D. Contractor's Convenience Testing: Inspecting and testing shall be performed exclusively for the Contractor's convenience shall be the sole responsibility of the Contractor. E. Inspection by Owner's Personnel: From time to time, personnel in the employ of the Owner may inspect the work where the work is in progress, but shall have no authority to direct the Contractor or request changes in the work except through the Engineer. F. Revising the Schedule: When changes of construction schedule are necessary during construction, the contractor shall coordinate such changes of schedule with the testing laboratory as required. G. Adherence to Schedule: When the testing laboratory is ready to do testing according to the established schedule, but is prevented from testing or taking specimens due to incompleteness of the work, all extra charges for testing attributable to the delay may be back-charged to the Contractor and shall not be borne by the Owner. H. Alternative Inspection Procedure: The Engineer shall have the right to require alternative inspection procedure other than as specified when, in the Architect's judgment, other inspections are required to demonstrate compliance with the Contract requirements. Costs of such alternative inspections will be borne by the Owner if products are found to comply; otherwise, costs shall be borne by the Contractor. I. Testing and Inspection Requirements: 1. Unless otherwise noted herein, all testing and inspection shall be of sufficient thoroughness to establish that materials and methods conform to the requirements and intent of the Contract Documents and to all applicable codes, ordinances and regulations. 2. Additional requirements for tests, inspections and certification to be provided by the Contractor will be found within the appropriate specification sections. 1.08 EARTHWORK AND BACKFILLING: A. General: ITL shall perform inspection and testing of earthwork in accordance with this section and as required to certify that materials and installation are in compliance with Contract Documents and the following: 1. Earthwork and backfilling for building and utilities. CMI Job No. 03-093 01410-5 City of La Porte Public Work's Metal Building TESTING LABORATORY SERVICES B. Samples: Secure 60 lbs. of each type of fill material for ITL to perform compaction testing in laboratory. C. Backfilling and Compaction: 1. Before placement, type and quality of fill material shall be selected and tested for compliance with requirements of Soils Report. 2. Compaction Testing: Prior to placement of fill, perform one compaction test of each type of fill material in accordance with ASTM D698. D. Density Testing: 1. Perform density testing of in-place fill in accordance with ASTM D2922, D293 7, D3464, D2167 or D3017. 2. General Fill Areas Below Footing Bearing: One density test per lift per 2,500 sq. ft., if required by not less than three tests at each footing location. 3. Trench Excavations for Foundations: One density test per lift at 50 feet on center maximum, but not less than three tests. 4. Under Paved Areas and Building Slab: In each compacted fill layer, one field density test required for every 2500 sq. ft., but not less than three tests. 5. Foundation Wall Backfill: One field density test per lift at 50 feet on center, but not less than two tests per lift in anyone area. E. Retesting: Test failures shall be retested at Contractor's expense. ITL Reports: Shall be complete as specified elsewhere in this section and include the following information: 1. Exact location and elevation of test. 2. Type of backfill. 3. Reference compaction curve. 4. Type of compaction equipment used. 5. When compaction was performed. 6. Moisture content, dry density, percent of maximum dry density. CM! Job No. 03-093 01410-6 City of La Porte Public Work's Metal Building TESTING LABORATORY SERVICES 7 . Weather conditions, number of passes required by compaction equipment. 8. Statement certifying that materials and installation comply with Soils Report, Contract Documents and applicable specification sections. 1.09 CAISSONS: A. Perform all tests and inspections, as specified herein, evaluate test results and state compliance of installed work with contract documents. 1. Review the Contractor's proposed caisson installation methods, sequences, procedures and equipment including deep well dewatering systems. 2. On a full-time basis visually inspect the installation of each caisson including visual inspection of the bottom of each caisson. 3. Verify the specified bearing capacity of each caisson with the following tests. Caissons Bearing on Rock: a. The bottom elevation of every rock caisson shall be established by pre-coring at each caisson location. Pre-coring shall be extended to a depth sufficient to ensure that solid (unweathered) rock is present for a minimum of 8'-0" below the bearing level of the caisson. b. Prepare continuous core logs describing seams and joints. Take undisturbed rock core samples from selected caisson bottoms. Conduct compression test for each sample and report results and core logs to Engineer. c. The maximum acceptable accumulated thickness of seams within this 8 foot depth shall be: Distance Below Rock Socket Total Accumulated Seams 0- IR 0-2R o - 3R (8'-0" maximum) 1 inch 1/4 inch 1/2 inch R is equal to the radius of the rock socket. d. The seam criteria above may be doubled if the rock socket extends 3R into the rock. CMf Job No. 03-093 01410-7 City of La Porte Public Work's Metal Building TESTING LABORATORY SERVICES Caissons Bearing on Hardpan: Conduct tests as follows: a. Take undisturbed samples, suitable for the tests required, from the elevation at the bottom of the caisson. b. Conduct the following tests on each sample, and report results and elevations to the Architect. (1) Unconfined Compression Test (ASTM D 2166). (2) Moisture Content (ASTM D 2216). (3) Density. 4. Provide direction to Contractor as to specific fmal bearing elevation at each caisson location and/or necessity for additional shaft excavation. 5. Visually inspect and test samples of water being pumped from caisson as to solids content. B. Concrete Placement: 1. Submit a "Drilling Log" for each drilled pier to Owner, Structural Engineer, and Contractor giving the following information. Contractor's surveyor shall provide items marked with an asterisk (*) to the ITL for inclusion in the log. a. Design shaft diameter. b. Actual shaft diameters. * c. Design elevation at bottom and top. * d. Actual elevation at bottom and top. * e. Design location of centerlines at top. * f. Actual location of centerline at top. * g. Variation of shaft from plumb. * h. Elevation at bottom and top of any casing left in place. * CMf Job No. 03-093 01410-8 City of La Porte Public Work's Metal Building TESTING LABORATORY SERVICES 1. Dates of excavation, inspection, testing and concrete placement. J. Volume of concrete placed. k. Any unusual conditions encountered. 1.10 CONCRETE: A. Procedure Reference Standards: 1. Sampling: ASTM C-172 2. Slump Test: ASTM C-143 3. Air Content: ASTM C-231 4. Cylinder Specimens: ASTM C-31 (6" x 12" heavy steel molds) 5. Compression Tests: ASTM C-39 6. Unit Weight Test: ASTM C-138 7. Obtaining and Testing Drilled Cores and Sawed Beams of Concrete: ASTM C-42 B. Concrete Tests and Inspections: 1. Secure samples of concrete materials proposed for use in ample quantities to perform all testing required. Review and approve mix designs submitted by the General Contractor. 2. In addition to work specified herein, inspect and test all concrete materials and concrete in accord with the requirements of Chapter 17 using ultimate strength type concrete and of paragraph 1602 of Chapter 16 of ACI 301 "Specifications for Structural Concrete for Buildings". 3. Check the batch weights of concrete and coarse and fme aggregates. 4. Check quantity and type of admixture for compliance with design requirements and secure Engineer's written approval for the use of any admixture in any concrete exposed to view in the building and weather. 5. Check surface and absorption water content of the aggregates and the amount of water added to each batch. CMI Job No. 03-093 01410-9 City of La Porte Public Work's Metal Building TESTING LABORATORY SERVICES 6. Check the scales at intervals necessary to ensure accurate weighing of materials used in concrete work. 7. Check cement being used for compliance with mix designs and mill test reports. If more than one brand, the mix design of each type. 8. Perform sieve analysis in accord with ASTM C-136 to assure that gradation of aggregate entering the mix conform to design requirements. 9. Sample and test all concrete placed at the job site in accord with ASTM C-l72. For concrete strengths of 6000 psi or less, samples shall consist of three cylinders; one for 7 -day testing and two for 28-day testing. F or concrete strengths greater than 6000 psi, samples shall consist of five cylinders; one for 7-day testing, two for 28-day testing, one for 56-day testing and one for 90-day testing. a. Take samples from first two placements of each class or type of concrete regardless of amount placed. b. Take at least one sample of each class or type of concrete from each placing operation each day in accord with ASTM C-3l, Section 7.3e. c. Take at least one sample from each 75 cubic yards placed in continuous placements. d. Sample shall be prepared at the Project site and taken at the point of deposition of the concrete. e. Obtain cement mill test reports for each test cylinder and indicate the mill test on compression test reports. f. Perform slump tests at same frequency as sampling, and more often as necessary to control consistency of concrete in accord with ASTM C-l43. g. Take air content test in accord with ASTM C-23l at least once a day. h. Verify that concrete is discharged from mixers before mix begins to set and within limit of 1-1/2 hours maximum from time of mixing except for drilled pIers. 1. The concrete temperature is not at time of deposition to exceed 85 degrees F or be below 50 degrees F. J. The test cylinders shall be in the field no longer than 24 hours. CM! Job No. 03-093 01410-10 City oJ La ~orte Public Work's Metal Building TESTING LABORATORY SERVICES k. Initial field Curing: Cover the cylinder immediately with a plastic cap or beg sufficiently to seal from free moisture and place the molds in a lime saturated bath within 30 minutes of sampling per ASTM C-31. L Strip cylinders between 24-48 hours from the time of casing. m. Cylinder Delivery: Cylinders shall be picked up within 2 to 6 days following casting, provided "set" has occurred and been verified by the resident inspector. The resident inspector shall check cast cylinders daily and mark the caps of only those cylinders which are ready to be transported. The technician picking up cylinders shall pick up only the cylinders whose caps have been marked for transport. Cylinders shall be transported vertically in cushioned carrying racks directly to the laboratory and/or end preparation facility. Cylinders shall be kept moist during transportation. n. Laboratory Curing (also applies to end preparation facility): Cylinders shall be cured in saturated lime water at 73.4 +/ - 3 degrees F immediately upon arrival and for at least 28 days from the date of casting. Cylinders may be alternately cured in a thermostatically controlled fog room maintained at 95-100% R.H. and 73.4 +/- 3 degrees F. after 28 days from casting date. Lime baths will be thermostatically controlled for temperature maintenance. Fog room shall be continuously monitored for compliance with humidity and temperature conditions. If any cylinders exhibit surface drying while in the moist room, all subsequent test cylinders shall be maintained only in a lime saturated bath until the time of testing. No further curing of these cylinders in the moist will be permitted. o. End Preparation: All compressive strength test specimens shall have their ends ground and polished prior to testing. 10. For concrete strengths greater than 6000 psi perform batch plant inspections as follows: a. Provide continuous batch plant supervision using a qualified batch plant inspector. All details of the batching sequence shall be recorded. These details include, but are not limited to the following. b. Verify and record that drums on mIxing trucks are reversed, to remove and wash water or residual material prior to loading. eM! Job No. 03-093 01410-11 City of La Porte Public Work's Metal Building TESTING LABORATORY SERVICES c. Verify and record that specified ingredients by amount and type are utilized. Record scale weights and admixture quantities for each batch. Batch plant inspector shall send with each ready mix truck, a concrete batch ticket showing the mix design, batch weights, and the actual proportions batched at the plant. This concrete ticket shall be signed by the batch plant inspector. d. The inspector shall receive cement samples and certificates for each load of cement delivered to the batch plant. The inspector shall verify the silo in which the cement is placed upon delivery and verify that this silo is being used for concrete batching. e. Verify and record results of all moisture content tests performed on the fine aggregate. Minimum testing required will be at least once for every 50 cubic yards produced. 11. Drilling and testing of cores, in accord with ASTM C-42, may be required by the Architect in the event 28-day compression tests fall below those specified. Contractor shall pay for all drilling and testing of cores so taken. If core tests fall 10 percent below specified strength, the work in question shall be removed and replaced by the Contractor at no additional cost to the Owner. 12. Installation and location of reinforcing steel shall be observed by ITL prior to placing concrete. C. If reinforcing steel is purchased direct from a United States mill, manufacturer's approved test sheets will suffice. If steel is from dealer's stock, perform tension and bending tests on three separate samples for each size of bar in every 5 tons of each type of steel as specified in the appropriate ASTM Specification. Contractor shall furnish all material for testing and pay for all such tests. Steel supplier shall furnish mill certificate reports. Tie-back cables shall be tested same as reinforcing steel. D. Mix Design: 1. Check Contractor mix design and maintain control of concrete mix designs in accordance with the Design and Control of Concrete Mixtures engineering bulletin published by the Portland Cement Association for each specified strength shown. CMf Job No. 03-093 01410-12 City of La Porte Public Work's Metal Building TESTING LABORATORY SERVICES 2. The Contractor shall immediately notify the ITL and the Engineer if, at any time during construction the concrete resulting from the approved mix design proves to be unsatisfactory for any reason, such as, too much water, lack of sufficient plasticity to prevent segregation, honeycomb, or other defects; or insufficient strength. The Contractor shall modify the design, subject to approval, until a satisfactory concrete is obtained. E. If, in the opinion of the Engineer based on cylinder strengths below specification requirements or visual defects, concrete of poor quality or workmanship has been placed, additional tests shall be made as directed by the Engineer and at the expense of the Contractor. Tests may be compression test on core cylinders ASTM C-42 and load tests as outlined in ACI-318, Section 202, or as directed. F. Criteria for acceptance of strength tests to be in accordance with ASTM C-94, which is partly explained as follows: 1. Average of all tests representing each class to be equal or greater than the specified strength. . 2. Average of any five consecutive tests shall be equal or greater than the specified strength. 3. Not more than one test in ten shall be less than 90% of the specified strength. 4. When two or more cylinders are broken at the same time representing a set, the figure used is to be the average strength of the set. 1.11 FORMWORK INSPECTION: A. Description of Work: Provide all labor, materials, equipment, apparatus and services necessary to perform formwork inspection. Without restricting the generality of the foregoing, formwork inspection shall include the following: 1. Check evaluation of formwork for all slabs, floors and ramped surfaces. 2. Check and monitor camber as floors are formed, as they are poured and after they are stripped. 3. Verify location of edge forms for all floors and monitor the plumbness of the structure as it is erected. 4. Verify location of items located in cast-in-place concrete for attaching precast concrete panels. CMf Job No. 03-093 01410-13 City of La Porte Public Work's Metal Building TESTING LABORATORY SERVICES B. Rejections: 1. Notify the Contractor of any deviations from dimensions, locations, elevations, or camber shown on Contract Documents prior to pouring concrete so that proper adjustments in the formwork can be made. 2. Notify the Engineer of any deviations in line or grade which were not correctly adjusted by the Contractor prior to pouring concrete. C. Reports: Submit written notice of uncorrected deviations to the following: one (1) copy to the Architect's home office, one (1) copy to the Structural Engineer, one (1) copy to the Architect's Field Representative, one (1) copy to the Structural Engineer's Field Representative, one (1) copy to the Owner, and two (2) copies to the Contractor. 1.12 REINFORCING INSPECTION: A. Description of Work: Provide all labor, materials, equipment, apparatus and services necessary to perform reinforcing inspection. Without restricting the generality of the foregoing, reinforcing inspection shall include the following: 1. Check number, size, spacing and location of all reinforcing steel, using the Contract Documents, prior to pouring concrete. Verify that all bars are properly supported and tied in place. 2. Verify grade of steel. 3. Check location of all reinforcing with respect to formwork to assure proper clearance and concrete cover. 4. Check splices and embedment lengths as required. B. Rejections: Notify the Contractor of any discrepancies or deviations from the Contract Documents so that correction can be made prior to pouring concrete. A handwritten memo shall be left with the Contractor listing additions or corrections in the Work. C. Reports: Submit written report of required corrections to the following: two (2) copies to the Engineer, one (1) copy to the Owner, and two (2) copies to the Contractor. 1.13 MORTAR: A. Procedure Reference Standards: 1. Quicklime for Structural Purposes: ASTM C-5 eMf Job No. 03-093 01410-14 City of La Porte Public Work 's Metal Building TESTING LABORATORY SERVICES 2. Masonry Cement: ASTM C-91 3. Aggregate for Masonry Mortar: ASTM C-144 4. Portland Cement: ASTM C-150 5. Hydrated Lime for Masonry Purposes: ASTM C-207 6. Mortar for Unit Masonry: ASTM C-270 7. Packaged, Dry, Combined Materials for Mortar and Concrete: ASTM C-387 8. Grout for Reinforced and Nonreinforced Masonry: ASTM C-476 1.14 STRUCTURAL STEEL WORK: A. Secure samples of structural steel (that is not identified by mill shipping statements and certified mill reports of heat and melt numbers) in sample quantities to perform structural tests on 5 percent of all such unidentified steel. Contractor shall furnish all such material for testing and pay for all such tests. B. Shop Inspection and Testing: The ITL certify all welders and conduct shop inspections and tests as required during the fabrication of structural steel. Reports shall include shop welder's certifications, types and locations of all defects found during inspection, and the measurers required and performed to correct such defects, statements of final approval of all welding of shop connections, and other shop fabrication data and information pertinent to the safe and proper welding of shop connections. C. The ITL will certify all welders and conduct field inspection and tests as required during inspections, and the measures required and performed to correct such defects, high strength bolted connection procedures, statements offinal approval of all welding and bolting of field connections, and other field erection data and information pertinent to the safe and proper welding and bolting of field connections. 1. In addition: 100 percent of all field spliced girders shall be tested. 2. Defects resulting in rejection of complete welds shall be brought to the attention of the Architect immediately. D. For welded studs, visual inspection shall indicate complete fusion and weld flush or fillet for a minimum of 90 percent of the circumference. There will be no indication of lack of fusion or undercut weld. In addition to visual inspection, six members per floor shall be selected at random on which five studs shall be hammered toward the center of the member as per stud manufacturer's recommendations. If more than one stud fails, CM! Job No. 03-093 01410-15 City of La Porte Public Work's Metal Building TESTING LABORATORY SERVICES all the studs on the member shall be hammered and all that fail shall be replaced. For each beam with any defective studs, an additional beam shall be tested. E. A total of 50 bolts shall be tested at random with a calibrated torque wrench. The procedure shall consist of loosening and retightening a minimum of two bolts per connection. The procedures shall be such as to establish that when the nut is retorqued to its original position, the tension is at least equal to that required. If any bolt is found to have lower than specified tension, all the bolts at that joint shall be tested. F. Verify that the metal deck is attached to the structural steel in accord with manufacturer's recommendation. 1.15 NON-SHRINK GROUT: Test in accordance with CRD - C621-81 (Corps of Engineers, Specification for Nonshrink Grout) except achieve minimum 7 and 28-day compressive strength as shown on Structural Drawings. 1.16 WATERPROOFING: Waterproofing of various types specified shall be observed for proper installation in accordance with specified requirements. 1.17 FLOOR LEVEL MONITORING: Floor level readings shall be taken on all floors at the following locations 3 days after floor placement and 2 months after floor placement: 1. Perimeter Locations: 12 locations. 2. Core Locations: 6 locations. 3. Floor Beams: 8 locations. END OF SECTION CMI Job No. 03-093 01410-16 City of La Porte Public Work's Metal Building TEMPORARY FACILITIES AND CONTROLS SECTION 01500 TEMPORARY FACILITIES AND CONTROLS PART 1 GENERAL 1.01 SECTION INCLUDES A Temporary facilities and the necessary controls for the project including utilities, telephone, sanitary facilities, field office, storage sheds and building, safety requirements, first aid equipment, fire protection, security measures, protection of the Work and property, access roads and parking, environmental controls, disposal of trash, debris, and excavated material, pest and rodent control, water runoff and erosion control. 1.02 CONTRACTOR'S RESPONSIBILITY A The facilities and controls specified in this section are considered minimum for the Project. The Contractor may provide additional facilities and controls for the proper execution of the Work and to meet Contractor's responsibilities for protection of persons and property. B Comply with applicable requirements specified in other sections of the Specifications. 1 Maintain and operate temporary facilities and systems to assure continuous service. 2 Modify and extend systems as Work progress requires. 3 Completely remove temporary materials and equipment when their use is no longer required. 4 Restore existing facilities used for temporary services to specified or to original condition. 1.03 TEMPORARY UTILITIES A Obtaining Temporary Service. I Make arrangements with utility service companies for temporary services. 2 Abide by rules and regulations of the utility service companies or authorities having jurisdiction. 3 Be responsible for utility service costs until the Work is substantially complete. Included are fuel, power, light, heat, and other utility services necessary for execution, completion, testing, and initial operation of the Work. CM! Job No. 03-093 01500-1 City of La Porte Public Work's Metal Building TEMPORARY FACILITIKS AND CONTROLS B Water 1 Provide water required for and in connection with Work to be performed and for specified tests of piping, equipment, devices, or for other use as required for proper completion of the Work. 2 For water to be drawn from public fire hydrants, obtain special permit or license from the proper City officials. A deposit based on rates established by latest ordinance will be required. Install backflow preventor on fire hydrant supply. 3 Provide and maintain an adequate supply of potable water for domestic consumption by Contractor personnel. C Electricity and Lighting. 1 Provide electric power service as required for the Work, including testing of Work. Provide power for lighting, operation of the Contractor's equipment, or for any other use by Contractor. 2 Electric power service includes temporary power service or generator to maintain plant operations during any scheduled shutdown. 3 Minimum lighting level shall be 5 foot-candles for open areas; 10-foot-candles for stairs and shops. D Temporary Heat and Ventilation 1 Provide temporary heat as necessary for protection or completion of the Work. 2 Provide temporary heat and ventilation to assure safe working conditions; maintain enclosed areas at a minimum of 500F. E Telephone 1 Provide emergency telephone service at the Contractor's field office, or by mobile telephone, for use by Contractor personnel and others performing work or furnishing services at the site. F Sanitary Facilities 1 Provide and maintain sanitary facilities for persons on the job site; comply with the regulations of State and local departments of health. 2 Enforce the use of sanitary facilities by construction personnel at the job site. Such facilities shall be enclosed. Pit-type toilets will not be permitted. No discharge will be allowed from these facilities. Collect and store sewage and waste so as not to cause a nuisance or health problem; have sewage and waste hauled off-site and properly disposed in accordance with local regulations. 01500-2 CMf Job No. 03-093 City of La Porte Public Work's Metal Building TEMPORARY FACILITIES AND CONTROLS 3 Locate toilets near the Work site and secluded from view insofar as possible. Keep toilets clean and supplied throughout the course of the Work. 1.04 FIELD OFFICE A Provision of a field office is not required. If the Contractor chooses to provide one, locate it in a place approved by the Engineer. 1.05 STORAGE OF MATERIALS A Provide adequately ventilated, watertight storage facilities with floor above ground level for materials and equipment susceptible to weather damage. B Storage of materials not susceptible to weather damage may be on blocks off the ground. C Store materials in a neat and orderly manner. Place materials and equipment to permit easy access for identification, inspection and inventory. 1.06 SAFETY REQUIREMENTS A Submit and follow a safety program. Include in the safety program documented response to trench safety requirements as specified in Section 01526 - Trench Safety System. B Conduct operations in strict accord with applicable Federal, State and local safety codes and statutes and with good construction practice. The Contractor is fully responsible and obligated to establish and maintain procedures for safety of all work, personnel and equipment involved in the Project. C Observe and comply with Texas Occupational Safety Act (Art. 5182a, V.C.S.) and with all safety and health standards promulgated by Secretary of Labor under Section 107 of Contract Work Hours and Standards Act, published in 29 CFR Part 1926 and adopted by Secretary of Labor as occupational safety and health standards under the Williams-Steiger Occupational Safety and Health Act of 1970, and to any other legislation enacted for safety and health of Contractor employees. Such safety and health standards apply to subcontractors and their employees as well as to the Contractor and its employees. D Observance of and compliance with the regulations shall be solely and without qualification the responsibility of the Contractor without reliance or superintendence of or direction by the Engineer or the Engineer's representative. Immediately advise the Engineer of investigation or inspection by Federal Safety and Health inspectors of the Contractor or subcontractor's work or place of work on the job site under this Contract, and after such investigation or inspectio~ advise the Engineer of the results. Submit one copy of accident reports to Engineer within 10 days of occurrence. CMf Job No. 03-093 01500-1 City of La Porte Public Work's Metal Building TEMPORARY FACILITIES AND CONTROLS E Protect areas occupied by workmen using the best available devices for detection of lethal and combustible gases. Test such devices frequently to assure their functional capability. Constantly observe infiltration of liquids into the Work area for visual or odor evidences of contamination, immediate take appropriate steps to seal off entry of contaminated liquids to the Work area. F Safety measures, including but not limited to safety personnel, first-aid equipment, ventilating equipment and safety equipment, in the specifications and shown on the Drawings are obligations of the Contractor. G Maintain required coordination with the local Police and Fire Departments during the entire period covered by the Contract. 1.07 FIRST AID EQUIPMENT A Provide a first aid kit throughout the construction period. List telephone numbers for physicians, hospitals, and ambulance services in each first aid kit. B Have at least one person thoroughly trained in first aid procedures present on the site whenever Work is in progress. 1.08 FIRE PROTECTION A Fire Protection Standards. 1 Conform to specified fire protection and prevention requirements as well as those which may be established by Federal, State, or local governmental agenCIes. 2 Comply with all applicable provisions ofNFP A Standard No. 241, Safeguarding Building Construction and Demolition Operations. 3 Provide portable fire extinguishers, rated not less than 2A or 5B in accordance with NFP A Standard No. 10, Portable Fire Extinguishers, for each temporary building, and for every 3000 square feet of floor area of facilities under construction. 4 Locate portable fire extinguishers within 50 feet maximum from any point in the Project area. B Fire Prevention and Safety Measures. 1 Prohibit smoking in hazardous areas. Post suitable warning signs in areas which are continuously or intermittently hazardous. 2 Use metal safety containers for storage and handling of flammable and combustible liquids. 3 CM! Job No. 03-093 Do not store flammable or combustible liquids in or near stairways or exits. 01500-4 City olLa Porte Public Work's Metal Building TEMPORARY FACILITIES AND CONTROLS 4 Maintain clear exits from all points within a structure. 1.09 SECURITY MEASURES A Protect all Work materials, equipment, and property from loss, theft, damage, and vandalism. Contractor's duty to protect property includes Owner's property. B If existing fencing or barriers are breached or removed for purposes of construction. Provide and maintain temporary security fencing equal to existing. 1.10 PROTECTION OF PUBLIC UTILITIES A. Prevent damage to existing public utilities during construction. These utilities are shown on the Drawings at their approximate locations. Pre-locate, by whatever means may be required (metal detection equipment, probes, excavation, survey), all underground utilities before excavating in area. All investigative work will be done and all repairs required after investigation will be accomplished by Contractor. Contractor is responsible for damages caused by failure to locate and preserve these underground utilities. Give owners of these utilities at least 48 hours notice before commencing Work in area, for locating utilities during construction and allow adequate time for making adjustments or relocation of the utilities when they conflict with proposed Work. Any temporary relocation of utilities if necessary to accommodate construction will not be paid for separately. Bypassing of sanitary waste to storm drainage facilities is not allowed. Utility service lines are not shown on Drawings. Anticipate that such service lines exist and repair them if damaged due to any construction activity. No separate payment will be made for this repair work. B. Prior to abandonment of utility, make appropriate arrangements with City and owner of utility to terminate service, remove meters, transformers, and poles as may be required by site conditions. C. When excavating near pipelines and prior to start of excavation, request a representative of p~peline company to come to construction site( s) to meet representatives of Contractor to discuss actual procedures that will be used. Request pipeline company's representative to probe and locate the pipelines in at least three locations: one at each side of proposed excavation and one at centerline of proposed utility. Representative of pipeline company must be present to observe activities of Contractor at all times when excavation is being conducted within 15 feet of pipeline company's pipeline. 1.11 PROTECTION OF THE WORK AND PROPERTY A Preventive Actions. 1 Take precautions, provide programs, and take actions necessary to protect the Work and public and private property from damage. CMf Job No. 03-093 01500-5 City of La Porte Public Work's Metal Building TEMPORARY FACILITIES AND CONTROLS 2 Take action to prevent damage, injury or loss, including, but not limited to, the following: a. Store apparatus, materials, supplies, and equipment in an orderly, safe manner that will not unduly interfere with progress of the Work or the Work of any other contractor, any utility service company, or the Owner's operations. b. Provide suitable storage for materials which are subject to damage by exposure to weather, theft, breakage, or otherwise. c. Place upon the Work or any part thereof only such loads as are consistent with the safety of that portion of the Work. d. Frequently clean up refuse, rubbish, scrap materials, and debris caused by construction operations, keeping the Project site safe and orderly. e. Provide safe barricades and guard rails to protect pedestrian and vehicular traffic around openings, for scaffolding, for temporary stairs and ramps, around excavations, elevated walkways, and other hazardous areas. 3 Obtain written consent from proper parties before entering or occupying with workers, tools, materials or equipment, privately-owned land except on easements provided for construction. 4 Assume full responsibility for the preservation of public and private property on or adjacent to the site. If any direct or indirect damage is done by or on account of any act, omission, neglect, or misconduct in execution of the Work by the Contractor, it shall be restored by the Contractor to a condition equal to or better than that existing before the damage was done. B Barricades and Warning Signals. 1. Where work is performed on or adjacent to any roadway, right-of-way, or public place; furnish and erect barricades, fences, lights, warning signs, and danger signals; provide watchmen; and take other precautionary measures for the protection of persons or property and protection of the Work. Barricades shall be painted to be visible at night. From sunset to sunrise, furnish and maintain at least one light at each barricade. Erect sufficient barricades to keep vehicles from being driven and pedestrians from walking on or into Work under construction. Furnish watchmen in sufficient numbers to protect the Work. Responsibility of maintenance of barricades, signs, lights and for providing watchmen shall continue until the Project is accepted by the City. Conform to Section 01570 - Traffic Control and Regulation. C Tree and Plant Protection. Conform to requirements of Section 01535 - Tree and Plant Protection. CM! Job No. 03-093 01500-6 City of La Porte Public Work's Metal Building TEMPORARY FACILITIES AND CONTROLS D Protection of Existing Structures 1 Underground Structures: a. Underground structures are defined to include, but not be limited to, sewer, water, gas, and other piping, and manholes, chambers, electrical and signal conduits, tunnels, and other existing subsurface installations located within or adjacent to the limits of the Work. b. Known underground structures, including water, sewer, electric, and telephone services are shown on the Drawings in accordance with the best information available, but is not guaranteed to be correct or complete. c. Explore ahead of trenching and excavation work and uncover obstructing underground structures sufficiently to determine their location, to prevent damage to them and to prevent interruption of utility services. Restore to original condition damages to underground structure at no additional cost to the Owner. d. Necessary changes in location of the Work may be made by the Engineer to avoid unanticipated underground structures. e. If permanent relocation of an underground structure or other subsurface installations is required and not otherwise provided for in the Contract Documents, the Engineer will direct Contractor in writing to perform the Work, which shall be paid for under the provisions for changes in the Contract Price as described in General Conditions. 2 Surface Structures: a. Surface structures are defmed as existing buildings, structures and other constructed installations above the ground surface. Included with such structures are their foundations or any extension below the surface. Surface structures include, but are not limited to buildings, tanks, walls, bridges, roads, dams, channels, open drainage, piping, poles, wires, posts, signs, markers, curbs, walks, guard cables, fencing, and other facilities that are visible above the ground surface. 3 Protection of Underground and Surface Structures: a. Support in place and protect from direct or indirect injury to underground and surface structures located within or adjacent to the limits of the Work. Install such supports carefully and as required by the party owning or controlling such structure. Before installing structure supports, Contractor shall satisfy the Engineer that the methods and procedures to be used have been approved by the owner of the structure. CMf Job No. 03-093 01500-7 City of La Porte Public Work's Metal Building TEMPORARY FACILITIES AND CONTROLS b. Avoid moving or in any way changing the property of public utilities or private service corporations without prior written consent of a responsible official of that service or public utility. Representatives of these utilities reserve the right to enter within the limits of this project for the purpose of maintaining their properties, or of making such changes or repairs to their property that may be considered necessary by performance of this Contract. c. Notify the owners and/or operators of utilities and pipelines of the nature of construction operations to be performed and the date or dates on which those operations will be performed. When construction operations are required in the immediate vicinity of existing structures, pipelines, or utilities, give a minimum of 5 working days advance notice. Probe and flag the location of underground utilities prior to commencement of excavation. Keep flags in place until construction operation reach and uncover the utility. d. Assume risks attending the presence or proximity of underground and surface structures within or adjacent to the limits to the Work including but not limited to damage and expense for direct or indirect injury caused by the Work to any structure. Immediately repair damage caused, to the satisfaction of the owner of the damaged structure. E Protection of Installed Products. 1 Provide protection of installed products to prevent damage from subsequent operations. Remove protection facilities when no longer needed, prior to completion of Work. 2 Control traffic to prevent damage to equipment, materials, and surfaces. 1.12 ROADS AND PARKING A Prevent interference with traffic and Owner operations on existing roads. B Designate temporary parking areas to accommodate construction personnel. When site space is not adequate, provide additional off-site parking. Locate as approved by Engineer. C Minimize use by construction traffic of existing streets and driveways. D Do not allow heavy vehicles or construction equipment in existing parking areas. CMf Job No. 03-093 01500-8 City of La Porte Public Work's Metal Building TEMPORARY FACILITIES AND CONTROLS 1.13 ENVIRONMENTAL CONTROLS A Provide and maintain methods, equipment, and temporary construction as necessary for controls over environmental conditions at the construction site and adjacent areas. B Comply with statutes, regulations, and ordinances which relate to the proposed Work for the prevention of environmental pollution and preservation of natural resources, including but not limited to the National Environmental Policy Act of 1969, PL 91-190, Executive Order 11514. C Recognize and adhere to the environmental requirements of the Project. Disturbed areas shall be strictly limited to boundaries established by the Contract Documents. Particularly avoid pollution of "on-site" streams, sewers, wells, or other water sources. The City recognizes that the project area has considerable natural value and that construction of projects should be completed with a minimum of impact to the surrounding environment. Attention is directed to this concept. Adopt construction procedures that do not cause unnecessary excavation and filling of the terrain, indiscriminate destruction of vegetation, air or stream pollution, nor the harassment or destruction of wildlife. D Burning of rubbish, debris or waste materials is not permitted. 1.14 POLLUTION CONTROL A Provide methods, means, and facilities required to prevent contamination of soil, water or atmosphere by discharge of noxious substances from construction operations. B Provide equipment and personnel to perform emergency measures required to contain any spillage, and to remove contaminated soils or liquids. Excavate and dispose of any contaminated earth off-site, and replace with suitable compacted fill and topsoil. C Take special measures to prevent harmful substances from entering public waters. Prevent disposal of wastes, effluents, chemicals, or other such substances adjacent to streams, or in sanitary or storm sewers. D Provide systems for control of atmospheric pollutants. 1 Prevent toxic concentrations of chemicals. 2 Prevent harmful dispersal of pollutants into the atmosphere. E Use equipment during construction that conforms to current Federal, State, and local laws and regulations. CMIJobNo.03-093 01500-9 City of La Porte Public Work's Metal Building TEMPORARY FACILITIES AND CONTROLS 1.15 PEST AND RODENT CONTROL A Provide rodent and pest control as necessary to prevent infestation of construction or storage areas. B Employ methods and use materials which will not adversely affect conditions at the site or on adjoining properties. 1.16 NOISE CONTROL A Provide vehicles, equipment, and construction activities that minimize noise to the greatest degree practicable. Noise levels shall conform to the latest OSHA standards and City Ordinances and in no case will noise levels be permitted which create a nuisance in the surrounding neighborhoods. B Conduct construction operations during daylight hours except as approved by Engineer. 1.17 DUST CONTROL A Control objectionable dust caused by operation of vehicles and equipment. Apply water or use other methods, subject to approval of the Engineer, which will control the amount of dust generated. 1.18 WATER RUNOFF AND EROSION CONTROL A Provide methods to control surface water, runoff, subsurface water, and water pumped from excavations and structures to prevent damage to the Work, the site, or adjoining properties. B Control fill, grading and ditching to direct water away from excavations, pits, and other construction areas; and to direct drainage to proper runoff courses so as to prevent any erosion, sedimentation or damage. C Provide, operate, and maintain equipment and facilities of adequate size to control surface water. D Dispose of drainage water in a manner to prevent flooding, erosion, or other damage to any portion of the site or to adjoining areas and in conformance with environmental requirements. E Retain existing drainage patterns external to the construction site by constructing temporary earth berms, sedimentation basins, retaining areas, and temporary ground cover as needed to control conditions. CMf Job No. 03-093 01500-10 City of La Porte Public Work's Metal Building TEMPORARY FACILITIES AND CONTROLS F Plan and execute construction and earth work by methods to control surface drainage from cuts and fills, and from borrow and waste disposal areas, to prevent erosion and sedimentation. 1 Keep to a minimum the area of bare soil exposed at one time. 2 Provide temporary control measures, such as berms, dikes, and drains. G Construct fills and waste areas by selective placement to eliminate surface silts or clays which will erode. H Inspect earthwork periodically to detect any evidence of the start of erosion. Apply corrective measures as required to control erosion. PART2 PRODUCTS - NOT USED PART3 EXECUTION - NOT USED END OF SECTION CMI Job No. 03-093 01500-11 City of La Porte Public Work's Metal Building TREE AND PLANT PROTECTION SECTION 01535 TREE AND PLANT PROTECTION PART 1 GENERAL 1.01 SECTION INCLUDES A Tree and plant protection. 1.02 PROJECT CONDITIONS A Preserve and protect existing trees and plants to remain from foliage, branch, trunk, or root damage that could result from construction operations. B Prevent following types of damage: 1 Compaction of root zone by foot or vehicular traffic, or material storage. 2 Trunk damage from equipment operations, material storage, or from nailing or bolting. 3 Trunk and branch damage caused by ropes or guy wires. 4 Root poisoning from spilled solvents, gasoline, paint, and other no~ious materials. 5 Branch damage due to improper pruning or trimming. 6 Damage from lack of water due to: a. Cutting or altering natural water migration patterns near root zones. b. Failure to provide adequate watering. 7 Damage from alteration of soil pH factor ca~sed by depositing lime, concrete, plaster, or other base materials near roots. 8 Cutting of roots larger than 1-1/2 inches in diameter. 1.03 DAMAGE ASSESSMENT A When trees other than those designated for removal are destroyed or badly damaged as a result of construction operations, remove and replace with same size, species, and variety up to and including 8 inches in trunk diameter. Tree larger than 8 inches in diameter shall be replaced with an 8-inch diameter tree of the same species and variety and total contract amount will be reduced by an amount determined from the CMf Job No. 03-093 01535-1 City OJ La Porte Public Work's Metal Building TREE AND PLANT PROTECTION following International Shade Tree Conference formula: 0.7854 x D2 x $10.00 where D is diameter in inches of tree or shrub trunk measured 12 inches above grade. PART2 PRODUCTS 2.01 MATERIALS A Asphalt paint: Emulsified asphalt or other adhesive, elastic, antiseptic coating formulated for horticultural use on cut or injured plant tissue, free from kerosene and coal creosote. B Burlap: Suitable for use as tree wrapping. C Fertilizer: Liquid containing 20 percent nitrogen, 10 percent phosphorus, and 5 percent potash. D All necessary tree replacements shall be as approved by Engineer. PART 3 EXECUTION 3.01 PROTECTION AND MAINTENANCE OF EXISTING TREES AND SHRUBS A Except for trees and shrubs shown on Drawings to be removed, all trees and shrubs within the project area are to remain and be protected from damage. B F or trees to be removed, as designated on the Drawings, perform the following: 1 Stake right-of-way limits and identify any tree of diameter greater than 4 inches which is to be removed. Mark trees prior to felling with an X in orange paint, clearly visible, on the trunk, and at eye level. 2 After marking trees give a minimum of 48-hours notice in writing to the Engineer of intent to begin felling operations. 3 Trees whose trunks are only partially in the right-of-way shall be protected and preserved as described below. C For trees or shrubs to remain, perform the following: 1 Trim trees and shrubs only as necessary. a. Trees and shrubs requiring pruning for construction should also be pruned for balance as well as to maintain proper form and branching habit. b. Cut limbs at branch collar. No stubs should remain on trees. Branch cuts should not gouge outer layer of tree structure or trunk. 2 Use extreme care to prevent excessive damage to root systems. CMI Job No. 03-093 01535-2 City of La Porte Public Work's Metal Building TREE AND PLANT PROTECTION a. Roots in construction areas will be cut smoothly with a trencher before excavation begins. Do not allow ripping of roots with a backhoe or other equipment. Temporarily cover exposed roots with wet burlap to prevent roots from drying out. b. c. Cover exposed roots with soil as soon as possible. 3 Prevent damage or compaction of root zone (area below dripline) by construction activities. a. Do not allow scarring of trunks or limbs by equipment or other means. b. Do not store construction materials, vehicles, or excavated material under dripline of trees. c. Do not pour liquid materials under dripline. 4 Water and fertilize trees and shrubs that will remain to maintain their health during construction period. a. Supplemental watering of landscaping during construction should be done once every 7 days in cold months and once every 4 days in hotter months. b. This watering shall consist of saturating soils at least 6 to 8 inches beneath surface. 5 Water areas currently being served by private sprinkler systems while systems are temporarily taken out of service to maintain health of existing landscapes. 6 At option of the Contractor and with the Engineer's permission, trees and shrubs to remain may be temporarily transplanted and returned to original positions under supervision of professional horticulturist. 3.02 PROTECTION A Protection of Trees or Shrubs in Open Area: 1 Install steel drive-in fence posts in protective circle, approximately 8 feet on center, not closer than 4 feet to trunk of trees or stems of shrubs. 2 Drive steel drive-in fence posts 3 feet minimum into ground, leaving 5 feet minimum above ground. 3 Mount steel hog-wire on fence posts. CMf Job No. 03-093 01535-3 City of La Porte Public Work's Metal BuildinK TREE AND PLANT PROTECTION 4 For trees or shrubs in paved areas, mount concrete-filled steel pipe 2-1/2 inches in diameter minimum in rubber auto tires filled with concrete (movable posts). B Timber Wrap Protection for Trees in Close Proximity of Moving or Mechanical Equipment and Construction Work: 1 Wrap trunk with layer of burlap. 2 Install 2 x 4's or 2 x 6's (5-foot to 6-foot lengths) vertically, spaced 3 inches to 5 inches apart around circumference of tree trunk. 3 Tie in place with 12 to 9 gage steel wire. 3.03 MAINTENANCE OF NEWLY PLANTED TREES A Water trees during dry periods. B The Contractor guarantees that trees planted for this Project shall remain alive and healthy at least until the end of a one-year warranty period. 1 Within four weeks of notice from Owner, Contractor shall replace, at his expense, any dead trees or any trees that in the opinion of Owner, have become unhealthy or unsightly or have lost their natural shape as a result of additional growth, improper pruning or maintenance, or weather conditions. 2 When tree must be replaced, the guarantee period for that tree shall begin on date of replacement of tree, subject to the Owner's inspection, for no less than one year. 3 Straighten leaning trees and bear entire cost. 4 Dispose of trees rejected at any time by Engineer at Contractor's expense. END OF SECTION CMI Job No. 03-093 01535-4 City of La Porte Public Work's Metal Building CONTROL OF GROUND WATER AND SURFACE WATER SECTION 01563 CONTROL OF GROUND WATER AND SURFACE WATER PART 1 GENERAL 1.01 SECTION INCLUDES A Dewatering, depressurizing, draining, and maintaining trench and structure excavations and foundation beds in dry and stable condition. B Protecting work against surface runoff and rising flood waters. C Disposing of removed water. 1.02 METHOD OF PAYMENT A No separate payment will be made for control of ground water and surface water except for well point systems. Include the cost to control ground water and surface water in unit price for work requiring such controls. Well point systems, if required to control ground water, will be measured by the linear foot. 1.03 DEFINITIONS A Ground water control includes both dewatering and depressurization of water-bearing soil layers. 1 Dewatering includes lowering the water table and intercepting seepage which would otherwise emerge from slopes or bottoms of excavations and disposing of removed water. The intent of dewatering is to increase stability of excavated slopes; prevent dislocation of material from slopes or bottoms of excavations; reduce lateral loads on sheeting and bracing; improve excavating and hauling characteristics of excavated material; prevent failure or heaving of the bottom of excavations; and to provide suitable conditions for placement of backfill materials and construction of structures and other installations. 2 Depressurization includes reduction in piezometric pressure within strata not controlled by dewatering alone, as required to prevent failure or heaving of excavation bottom. B Excavation drainage includes keeping excavations free of surface and seepage water. C Surface drainage includes use of temporary drainage ditches and dikes and installation of temporary culverts and swnp pwnps with discharge lines as required to protect the Work from any source of surface water. CM! Job No. 03-093 01563-1 City of La Porte Public Work's Metal Building CONTROL OF GROUND WATER AND SURFACE WATER D Equipment and instrumentation for monitoring and control of the ground water control system includes piezometers and monitoring wells, and devices, such as flow meters, for observing and recording flow rates. 1.04 PERFORMANCE REQUIREtvIENTS A Conduct subsurface investigations to identify groundwater conditions and to provide parameters for design, installation, and operation of groundwater control systems. B Design a ground water control system, compatible with requirements of Federal Regulations 29 CFR Part 1926 and Section 01526 - Trench Safety Systems, to produce the following results: 1 Effectively reduce the hydrostatic pressure affecting excavations. 2 Develop a substantially dry and stable subgrade for subsequent construction operations. 3 Preclude damage to adjacent properties, buildings, structures, utilities, installed facilities, and other work. 4 Prevent the loss of fines, seepage, boils, quick condition, or softening of the foundation strata. 5 Maintain stability of sides and bottom of excavations. C Ground water control systems may include singl~stage or multiple-stage well point systems, eductor and ejector-type systems, deep wells, or combinations of these equipment types. D Provide drainage of seepage water and surface water, as well as water from any other source entering the excavation. Excavation drainage may include placement of drainage materials, such as crushed stone and filter fabric, together with sump pumpmg. E Provide ditches, berms, pumps and other methods necessary to divert and drain surface water from excavation and other work areas. F Locate ground water control and drainage systems so as not to interfere with utilities, construction operations, adjacent properties, or adjacent water wells. G Assume sole responsibility for ground water control systems and for any loss or damage resulting from partial or complete failure of protective measures and any settlement or resultant damage caused by the ground water control operations. Modify ground water control systems or operations if they cause or threaten to cause damage to new construction, existing site improvements, adjacent property, or adjacent water wells, or affect potentially contaminated areas. Repair damage caused CMf Job No. 03-093 01563-2 City of La Porte Public Work's Metal Building CONTROL OF GROUND WATER AND SURFACE WATER by ground water control systems or resulting from failure of the system to protect property as required. H Provide an adequate number of piezometers installed at the proper locations and depths as required to provide meaningful observations of the conditions affecting the excavation, adjacent structures, and water wells. I Provide environmental monitoring wells installed at the proper locations and depths as required to provide adequate observations of hydrostatic conditions and possible contaminant transport from contamination sources into the work area or into the ground water control system. J Decommission piezometers and monitoring wells installed during design phase studies and left for Contractors monitoring and use. 1.05 SUBMITTALS A Submittals shall conform to requirements of Section 01300 - Submittals. B Submit a Ground Water and Surface Water Control Plan for review by the Engineer prior to start of any field work. The Plan shall be signed by a Professional Engineer registered in the State of Texas. Submit a plan to include the following: CMI Job No. 03-093 1 Results of subsurface investigation and description of the extent and characteristics of water bearing layers subject to ground water control. 2 Names of equipment suppliers and installation subcontractors. 3 A description of proposed ground water control systems indicating arrangement, location, depth and capacities of system components, installation details and criteria, and operation and maintenance procedures. 4 A description of proposed monitoring and control system indicating depths and locations of piezometers and monitoring wells, monitoring installation details and criteria, type of equipment and instrumentation with pertinent data and characteristics. 5 A description of proposed filters including types, sizes, capacities and manufacturer's application recommendations. 6 Design calculations demonstrating adequacy of proposed systems for intended applications. Define potential area of influence of ground water control operation near contaminated areas. 7 Operating requirements, including piezometric control elevations for dewatering and depressurization. 01563-3 City of La Porte Public Work's Metal Building CONTROL OF GROUND WATER AND SURFACE WATER 8 Excavation drainage methods including typical drainage layers, sump pump application and other necessary means. 9 Surface water control and drainage installations. 10 Proposed methods and locations for disposing of removed water. C Submit the following records upon completed initial installation: 1 Installation and development reports for well points, eductors, and deep wells. 2 Installation reports and baseline readings for piezometers and monitoring wells. 3 Baseline analytical test data of water from monitoring wells. 4 Initial flow rates. D Submit the following records on a weekly basis during operations: 1 Records of flow rates and piezometric elevations obtained during monitoring of dewatering and depressurization. Refer to Paragraph 3.02, Requirements for Eductor, Well Points, or Deep Wells. 2 Maintenance records for ground water control installations, piezometers, and monitoring wells. E Submit the following records at end of work. Decommissioning (abandonment) reports for monitoring wells and piezometers installed by other during the design phase and left for Contractor's monitoring and use. 1.06 ENVIRONMENTAL REQUIREMENTS A Comply with requirements of agencies having jurisdiction. B Comply with Texas Natural Resource Conservation Commission regulations and Texas Water Well Drillers Association for development, drilling, and abandonment of wells used in dewatering system. C Obtain permit from EP A under the National Pollutant Discharge Elimination System (NPDES), for storm water discharge from construction sites. Refer to Section 01565 NPDES Permit Requirements. D Obtain all necessary permits from agencies with control over the use of groundwater and matters affecting well installation, water discharge, and use of existing storm drains and natural water sources. Because the review and permitting process may be lengthy, take early action to pursue and submit for the required approvals. CMf Job No. 03-093 01563-4 City of La Porte Public Work's Metal Building CONTROL OF GROUND WATER AND SURFACE WATER E Monitor ground water discharge for contamination while performing pumping in the vicinity of potentially contaminated sites. PART2 PRODUCTS 2.01 EQUIPMENT AND MATERIALS A Equipment and materials are at the option of Contractor as necessary to achieve desired results for dewatering. Selected equipment and materials are subject to review of the Engineer through submittals required in Paragraph 1.05, Submittals. B Eductors, well points, or deep wells, where used, must be furnished, installed and operated by an experienced contractor regularly engaged in ground water control system design, installation, and operation. C All equipment must be in good repair and operating order. D Sufficient standby equipment and materials shall be kept available to ensure continuous operation, where required. PART 3 EXECUTION 3.01 GROUND WATER CONTROL A Perform a subsurface investigation by borings as necessary to identify water bearing layers, piezometric pressures, and soil parameters for design and installation of ground water control systems. Perform pump tests, if necessary to determine the drawdown characteristics of the waterbearing layers. The results shall be presented in the Ground Water and Surface Water Control Plan (See Paragraph 1.05B.l). B Provide labor, material, equipment, techniques and methods to lower, control and handle ground water in a manner compatible with construction methods and site conditions. Monitor effectiveness of the installed system and its effect on adjacent property . C Install, operate, and maintain ground water control systems in accordance with the Ground Water and Surface Water Control Plan. Notify Engineer in writing of any changes made to accommodate field conditions and changes to the Work. Provide revised drawings and calculations with such notification. D Provide for continuous system operation, including nights, weekends, and holidays. Arrange for appropriate backup if electrical power is primary energy source for dewatering system. E Monitor operations to verify that the system lowers ground water piezometric levels at a rate required to maintain a dry excavation resulting in a stable subgrade for prosecution of subsequent operations. CM! Job No. 03-093 01563-5 City of La Porte Public Work's Metal Building CONTROL OF GROUND WATER AND SURFACE WATER F Where hydrostatic pressures in confined water bearing layers exist below excavation, depressurize those zones to eliminate risk of uplift or other instability of excavation or installed works. Allowable piezometric elevations shall be defmed in the Ground Water and Surface Water Control Plan. G Maintain water level below sub grade elevation. Do not allow levels to rise until foundation concrete has achieved design strength. H During backfilling, dewatering may be reduced to maintain water level a minimum of 5 feet below prevailing level of backfill. However, do not allow that water level to result in uplift pressures in excess of 80 percent of downward pressure produced by weight of structure or backfill in place. Do not allow water levels to rise into cement stabilized sand until at least 48 hour after placement. I Provide a uniform diameter for each pipe drain run constructed for dewatering. Remove pipe drain when it has served its purpose. If removal of pipe is impractical, provide grout connections at 50-foot intervals and fill pipe with cement-bentonite grout or cement-sand grout when pipe is removed from service. J Extent of construction ground water control for structures with a permanent perforated underground drainage system may be reduced, such as for units designed to withstand hydrostatic uplift pressure. Provide a means of draining the affected portion of underground system, including standby equipment. Maintain drainage system during operations and remove it when no longer required. K Remove system upon completion of construction or when dewatering and control of surface or ground water is no longer required. L Compact backfill to not less than 95 percent of the maximum dry density in accordance with ASTM D698. 3.02 REQUIREMENTS FOREDUCTOR, WELL POINTS, OR DEEP WELLS A For aboveground piping in ground water control system, include a 12-inch minimum length of clear, transparent piping between every eductor well or well point and discharge header so that discharge from each installation can be visually monitored. B Install sufficient piezometers or monitoring wells to show that all trench or shaft excavations in water bearing materials are predrained prior to excavation. Provide separate piezometers for monitoring of dewatering and for monitoring of depressurization. Install piezometers and monitoring wells for tunneling as appropriate for Contractor's selected method of work. C Install piezometers or monitoring wells not less than one week in advance of beginning the associated excavation. D Dewatering may be omitted for portions of underdrains or other excavations, but only where auger borings and piezometers or monitoring wells show that soil is predrained CM! Job No. 03-093 01563-6 City of La Porte Public Work's Metal Building CONTROL OF GROUND WATER AND SURFACE WATER by an existing system such that the criteria of the ground water control plan are satisfied. E Replace installations that produce noticeable amounts of sediments after development. F Provide additional ground water control installations, or change the methods, in the event that the installations according to the ground water control plan does not provide satisfactory results based on the performance criteria defined by the plan and by the specification. Submit a revised plan according to Paragraph 1.05B. 3.03 EXCAVATION DRAINAGE A Contractor may use excavation drainage methods if necessary to achieve well drained conditions. The excavation drainage may consist of a layer of crushed stone and filter fabric, and sump pumping in combination with sufficient wells for ground water control to maintain stable excavation and backfill conditions. 3.04 MAINTENANCE AND OBSERVATION A Conduct daily maintenance and observation of piezometers or monitoring wells while the ground water control installations or excavation drainage are operating in an area. Keep system in good condition B Replace damaged and destroyed piezometers or monitoring wells with new piezometers or wells as necessary to meet observation schedule. C Cut off piezometers or monitoring wells in excavation areas where piping is exposed, only as necessary to perform obselVation as excavation proceeds. Continue to maintain and make observations, as specified. D Remove and grout piezometers inside or outside the excavation area when ground water control operations are complete. Remove and grout monitoring wells when directed by the Engineer. 3.05 MONITORING AND RECORDING A Monitor and record average flow rate of operation for each deep well, or for each wellpoint or eductor header used in dewatering system. Also monitor and record water level and ground water recovery. These records shall be obtained daily until steady conditions are achieved, and twice weekly thereafter. B Observe and record elevation of water level daily as long as ground water control system is in operation, and weekly thereafter until the Work is completed or piezometers or wells are removed, except when Engineer determines that more frequent monitoring and recording are required. Comply with Engineer's direction for increased monitoring and recording and take measures as necessary to ensure effective dewatering for intended purpose. CMf Job No. 03-093 01563-7 City of La Porte Public Work's Metal Building CONTROL OF GROUND WATER AND SURFACE WATER 3.06 SURFACE WATER CONTROL A Intercept surface water and divert it away from excavations through use of dikes, ditches, curb walls, pipes, sumps or other approved means. The requirement includes temporary works required to protect adjoining properties from surface drainage caused by construction operations. B Divert surface water and seepage water into sumps and pump it into drainage channels or storm drains, when approved by agencies having jurisdiction. Provide settling basins when required by such agencies. END OF SECTION CMI Job No. 03-093 015tl1-R City of La Porte Public Work's Metal Building WASTE MATERIAL DISPOSAL SECTION 01564 WASTE MATERIAL DISPOSAL PART 1 GENERAL 1.01 SECTION INCLUDES A Disposal of waste material and salvageable material. 1.02 UNIT PRICES A No separate payment will be made for waste material disposal under this Section. Include payment in unit price for related sections. 1.03 SUBMITTALS A Submittals shall conform to requirements of Section 01300 - Submittals. B Obtain and submit disposal permits for proposed disposal sites if required by local ordinances. C Submit a copy of written permission from property owner, along with description of property, prior to disposal of excess material adjacent to the Project. Submit a written and signed release from property owner upon completion of disposal work. PART2 PRODUCTS - NOT USED PART3 EXECUTION 3.01 SALVAGEABLE MATERIAL A Excavated material: When indicated on Drawings, load, haul, and deposit excavated material at a location or locations shown on Drawings outside the limits of Project. B Base, surface, and bedding material: Deliver shell, gravel, bituminous, or other base and surfacing material designated for salvage to the location designated by the Engineer. C Pipe culvert: Deliver culverts designated for salvage to Owner's storage area. D Other salvageable materials: Conform to requirements of individual Specification Sections. E Coordinate delivery of salvageable material with Engineer. CMf Job No. 03-093 01564-1 City of La Porte Public Work's Metal Building WASTE MATERIAL DISPOSAL 3.02 EXCESS MATERIAL A Vegetation, rubble, broken concrete, debris, asphaltic concrete pavement, excess soil, and other materials not designated for salvage, shall become the property of Contractor and shall be removed from the job site and legally disposed of. B Excess soil may be deposited on private property adjacent to the Project when written permission is obtained from property owner. See Paragraph 1.03 C above. C Verify the flood plain status of any proposed disposal site. Do not dispose of excavated materials in an area designated as within the lOa-year Flood Hazard Area. D Waste materials shall be removed from the site on a daily basis, such that the site is maintained in a neat and orderly condition. END OF SECTION CMf Job No. 03-093 01564-2 City of La Porte Public Work's Metal Building SOURCE CONTROLS FOR EROSION AND SEDIMENTATION SECTION 01566 SOURCE CONTROLS FOR EROSION AND SEDIMENTATION PART 1 GENERAL 1.01 SECTION INCLUDES A Description of erosion and sediment control and other control-related practices which shall be utilized during construction activities. 1.02 UNIT PRICES A Unless indicated in the bid proposal as a pay item, no separate payment will be made for work performed under this Section. Include cost of work performed under this Section in pay items of which this work is a component. PART2 PRODUCTS - NOT USED PART3 EXECUTION 3.01 PREPARATION AND INSTALLATION A No clearing and grubbing or rough cutting shall be permitted until erosion and sediment control systems are in place, other than site work specifically directed by the engineer to allow soil testing and surveying. B Equipment and vehicles shall be prohibited by the Contractor from maneuvering on areas outside of dedicated rights-of-way and easements for construction. Damage caused by construction traffic to erosion and sediment control systems shall be repaired immediately by the Contractor. C The Contractor shall be responsible for collecting, storing, hauling, and disposing of spoil, silt, and waste materials as specified in this or other Specifications and in compliance with applicable federal, state, and local rules and regulations. D Contractor shall conduct all construction operations under this Contract in conformance with the erosion control practices described in the Drawings and this Specification. E The Contractor shall install, maintain, and inspect erosion and sediment control measures and practices as specified in the Drawings and in this or other Specifications. 3.02 TOPSOIL PLACEMENT FOR EROSION AND SEDIMENT CONTROL SYSTEMS eMf Job No. 03-093 01566-1 City of La Porte Public Work's Metal Building SUUKCECONTROLSFOR EROSION AND SEDIMENTATION A When topsoil is specified as a component of another Specification, the Contractor shall conduct erosion control practices described in this Specification during topsoil placement operations. 1 When placing topsoil, maintain erosion and sediment control systems, such as swales, grade stabilization structures, berms, dikes, silt fences, and sediment basins. 2 Maintain grades which have been previously established on areas to receive topsoil. 3 After the areas to receive topsoil have been brought to grade, and immediately prior to dumping and spreading the topsoil, loosen the subgrade by discing or by scarifying to a depth of at least 2 inches to permit bonding of the topsoil to the subsoil. 3.03 DUST CONTROL A Implement dust control methods to control dust creation and movement on construction sites and roads and to prevent airborne sediment from reaching receiving streams or storm water conveyance systems, to reduce on-site and off-site damage, to prevent health hazards, and to improve traffic safety. B Control blowing dust by using one or more of the following methods: 1 Mulches bound with chemical binders. 2 Temporary vegetative cover. 3 Tillage to roughen surface and bring clods to the surface. 4 Irrigation by water sprinkling. 5 Barriers using solid board fences, burlap fences, crate walls, bales of hay, or similar materials. C Implement dust control methods immediately whenever dust can be observed blowing on the project site. 3.04 KEEPING STREETS CLEAN A Keep streets clean of construction debris and mud carried by construction vehicles and equipment. If necessary to keep the streets clean, install stabilized construction exits at construction, staging, storage, and disposal areas. A vehicle/equipment wash area (stabilized with coarse aggregate) may be installed adjacent to the stabilized construction exit, as needed. Release wash water into a drainage swale or inlet protected by erosion and sediment control measures. Construction exit and wash areas are specified in Section 01569 - Stabilized Construction Exit. eM! Job No. 03-093 01566-2 City of La Porte Public Work's Metal Building SOURCE CONTROLS FUR EROSION AND SEDIMENTATION B In lieu of or in addition to stabilized construction exits, shovel or sweep the pavement to the extent necessary to keep the street clean. Waterhosing or sweeping of debris and mud off of the street into adjacent areas is not allowed. 3.05 EQUIPMENT MAINTENANCE AND REPAIR A Confine maintenance and repair of construction machinery and equipment to areas specifically designated for that purpose. Locate such areas so that oils, gasoline, grease, solvents, and other potential pollutants cannot be washed directly into receiving streams or storm water conveyance systems. Provide these areas with adequate waste disposal receptacles for liquid as well as solid waste. Clean and inspect maintenance areas daily. B On a construction site where designated equipment maintenance areas are not feasible, take precautions during each individual repair or maintenance operation to prevent potential pollutants from washing into streams or conveyance systems. Provide temporary waste disposal receptacles. 3.06 WASTE COLLECTION AND DISPOSAL A Contractor shall formulate and implement a plan for the collection and disposal of waste materials on the construction site. In plan, designate locations for trash and waste receptacles and establish a collection schedule. Methods for ultimate disposal of waste shall be specified and carried out in accordance with applicable local, state, and federal health and safety regulations. Make special provisions for the collection and disposal of liquid wastes and toxic or hazardous materials. B Keep receptacles and waste collection areas neat and orderly to the extent possible. Waste shall not be allowed to overflow its container or accumulate from day-to-day. Locate trash collection points where they will least likely be affected by concentrated storm water runoff. 3.07 WASHING AREAS A Vehicles such as concrete delivery trucks or dump trucks and other construction equipment shall not be washed at locations where the runoff will flow directly into a watercourse or storm water conveyance system. Designate special areas for washing vehicles. Locate these areas where the wash water will spread out and evaporate or infiltrate directly into the ground, or where the runoff can be collected in a temporary holding or seepage basin. Beneath wash areas construct a gravel or rock base to minimize mud production. 3.08 STORAGE OF CONSTRUCTION MATERIALS AND CHEMICALS A Isolate sites where chemicals, cements, solvents, paints, or other potential water pollutants are stored in areas where they will not cause runoff pollution. CMf Job No. 03-093 01566-3 City of La Porte Public Work's Metal Building SOURCE CONTROLS FOR EROSION AND SEDIMENTATION B Store toxic chemicals and materials, such as pesticides, paints, and acids in accordance with manufacturers' guidelines. Protect groundwater resources from leaching by placing a plastic mat, packed clay, tar paper, or other impervious materials on any areas where toxic liquids are to be opened and stored. 3.09 DEMOLITION AREAS A Demolition activities which create large amounts of dust with significant concentrations of heavy metals or other toxic pollutants shall use dust control techniques to limit transport of airborne pollutants. However, water or slurry used to control dust contaminated with heavy metals or toxic pollutants shall be retained on the site and shall not be allowed to run directly into watercourses or storm water conveyance systems. Methods of ultimate disposal of these materials shall be carried out in accordance with applicable local, state, and federal health and safety regulations. 3.10 SANITARY FACILITIES A Provide the construction sites with adequate portable toilets for workers in accordance with Section 01500 - Temporary Facilities and Controls, and applicable health regulations. 3.11 PESTICIDES A Use and store pesticides during construction in accordance with manufacturers' guidelines and with local, state, and federal regulations. Avoid overuse of pesticides which could produce contaminated runoff. Take great care to prevent accidental spillage. Never wash pesticide containers in or near flowing streams or storm water conveyance systems. END OF SECTION CM! Job No. 03-093 01566-4 City of La Porte Public Work's Metal Building TRAFFIC CONTROL AND REGULATION SECTION 01570 TRAFFIC CONTROL AND REGULATION PART 1 GENERAL 1.01 SECTION INCLUDES A Requirements for signs, signals, control devices, flares, lights and traffic signals, as well as construction parking control, designated haul routes and bridging of trenches and excavations. B Requirement for and qualifications of flaggers. 1.02 SUBMITTALS A A traffic control plan responsive to the Texas Manual on Uniform Traffic Control Devices (TMUTCD) and sealed by a Registered Professional Engineer is incorporated into the Drawings. If the Contractor proposes to implement traffic control different than the plan provided, he shall submit a traffic control plan in conformance with the TMUTCD for approval of the Engineer. B For the traffic control plan, submit schedules of values within 30 days following the Notice to Proceed. Refer to Section 01300 - Submittals. C Make submittals in accordance with Section 01300 - Submittals. 1.03 UNIT PRICES A. No separate payment for work performed as described under this section. The cost for performing the work shall be incidental to the project as a whole. 1.04 FLAGGERS A Unless otherwise specified, use only flaggers who are off-duty, regularly employed, uniformed peace officers. B Flaggers are required at the following locations: 1 Where multi-lane vehicular traffic must be diverted into single-lane vehicular traffic. 2 Where vehicular traffic must change lanes abruptly. 3 Where construction equipment either enters or crosses vehicular traffic lanes and walks. CM! Job No. 03-093 01 ~70-1 City olLa Porte Public Work's Metal Building TRAFFIC CONTROL AND REGULATION 4 Where construction equipment may intermittently encroach on vehicular traffic lanes and unprotected walks and crosswalks. 5 Where construction activities might affect public safety and convenience. 6 Where traffic regulation is needed due to rerouting of vehicular traffic around the work site. C The use of Flaggers is for the purpose of assisting in the regulation of traffic flow and movement, and does not in any way relieve the contractor of full responsibility for taking such other steps and provide such other Flaggers or personnel as the Contractor may deem necessary to protect the work and the public, and does not in any way relieve the Contractor of his responsibility for any damage for which he would otherwise be liable. Flaggers shall be used and maintained at such points for such periods of time as may be required to provide for the public safety and convenience of travel. PART 2 PRODUCTS 2.01 SIGNS, SIGNALS, AND DEVICES A Comply with Texas State Manual on Uniform Traffic Control Devices. B Traffic Cones and Drums, Flares and Lights: As approved by local jurisdictions. PART 3 EXECUTION 3.01 PUBLIC ROADS A Abide by laws and regulations of governing authorities when using public roads. If the Contractor's work requires that public roads be temporarily impeded or closed, approvals shall be obtained from governing authorities and permits paid for before starting any work. Coordinate activities with the Engineer. B Contractor shall maintain at all times a 10-foot-wide all-weather lane adjacent to work areas which shall be kept free of construction equipment and debris and shall be for the use of emergency vehicles, or as otherwise provided in the traffic control plan. C Contractor shall not obstruct the normal flow of traffic from 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. on designated major arterials or as directed by the Engineer. D Contractor shall maintain local driveway access to residential and commercial properties adjacent to work areas at all times. E Cleanliness of Surrounding Streets: eMf Job No. 03-093 01570-2 City of La Porte Public Work's Metal Building TRAFFIC CONTROL AND REGULATION 1 Keep streets used for entering or leaving the job area free of excavated material, debris, and any foreign material resulting from construction operations. F Control vehicular parking to prevent interference with public traffic and parking, and access by emergency vehicles. G Monitor parking of construction personnel's vehicles in existing facilities. Maintain vehicular access to and through parking areas. H Prevent parking on or adjacent to access roads or in non-designated areas. 3.02 CONSTRUCTION PARKING CONTROL A. Control vehicular parking to prevent interference with public traffic and parking, access by emergency vehicles, and City's operations. B. Monitor parking of construction personnel's vehicles in existing facilities. Maintain vehicular access to and through parking areas. C. Prevent parking on or adjacent to access roads or in non-designated areas. 3.03 FLARES AND LIGHTS A Provide flares and lights during hours of low visibility to delineate traffic lanes and to guide traffic. 3.04 HAUL ROUTES A Utilize haul routes designated by authorities or shown on the Drawings for construction traffic. B Confme construction traffic to designated haul routes. C Provide traffic control at critical areas of haul routes to regulate traffic and minimize interference with public traffic. 3.05 TRAFFIC SIGNS AND SIGNALS A Install traffic control devices at approaches to the site and on site, at crossroads, detours, parking areas, and elsewhere as needed to direct construction and affected public traffic. B Relocate traffic signs and control devices as Work progresses to maintain effective traffic control. CMI Job No. 03-093 01570-3 City of La Porte Public Work's Metal Building TRAFFIC CONTROL AND REGULATION 3.06 BRIDGING TRENCHES AND EXCAVATIONS A Whenever necessary, bridge trenches and excavation to permit an unobstructed flow of traffic. B Secure bridging against displacement by using adjustable cleats, angles, bolts or other devices whenever bridge is installed: 1 On an existing bus route; 2 When more than five percent of daily traffic is comprised of commercial or truck traffic; 3 When more than two separate plates are used for the bridge; or 4 When bridge is to be used for more than five consecutive days. C Install bridging to operate with minimum noise. D Adequately shore the trench or excavation to support bridge and traffic. E Extend steel plates used for bridging a minimum of one foot beyond edges of trench or excavation. Use temporary paving materials (premix) to featheredges of plates to minimize wheel impact on secured bridging. F Use steel plates of sufficient thickness to support H-20 loading, truck or lane, that produces maximum stress. 3.07 REMOVAL A Remove equipment and devices when no longer required. B Repair damage caused by installation. C Remove post settings to a depth of 2 feet. 3.08 MAINTENANCE OF EQUIPMENT AND MATERIAL A. Designate individual to be responsible for maintenance of traffic handling around construction area. This individual must be accessible at all times to immediately correct any deficiencies in equipment and materials used to handle traffic, such as missing, damaged, or obscured signs, drums, barricades, or pavement markings. Give name, address and telephone number of designated individual to the City. B. Make daily inspections of signs, barricades, drums, lamps and temporary pavement markings to verify that these are visible, and in good working order, and in conformance with TxDOT or any other entity. When not in conformance CM! Job No. 03-093 01570-4 City of La Porte Public Work's Metal Building TRAFFIC CONTROL AND REGULATION immediately bring equipment and materials into conformance by replacement, repair, cleaning, relocation, andlor realignment. C. Keep all equipment and materials, especially signs and pavement markings, clean and free of dust, dirt, grime, oil, mud or debris. D. Engineer will decide if damaged or vandalized signs, drums, and barricades can be reused. END OF SECTION CMI Job No. 03-093 01570-5 City of La Porte Public Work's Metal Building PRODUCT OPTIONS AND SUBSTITUTIONS SECTION 01630 PRODUCT OPTIONS AND SUBSTITUTIONS PART 1 GENERAL 1.01 SECTION INCLUDES A Options for making product or process selections B Procedures for proposing equivalent construction products or processes, including preapproved, and approved products or processes 1.02 DEFINITIONS A Product: Means, materials, equipment, or systems incorporated into the Project. Product does not include machinery and equipment used for production, fabrication, conveying, and erection of the Work. Products may also include existing materials or components designated for re-use. B Process: Any proprietary system or method for installing system components resulting in an integral, functioning part of the Work. For this Section, the word Product includes Processes. 1.03 SELECTION OPTIONS A Preapproved Products: Construction products of certain manufacturers or suppliers are designated in the Specifications as "preapproved." Products of other manufacturers or suppliers will not be acceptable for this Project and will not be considered under the submittal process for approving alternate products. B Approved Products: Construction products or processes of certain manufacturers or suppliers designated in the Specifications followed by the words "or approved equal." Approval of alternate products or processes not listed in the Specifications may be obtained through provisions for product options and substitutions in Document 00700 - General Conditions, and by following the submittal procedures specified in Section 01300 - Submittals. The procedure for approval of alternate products is not applicable to preapproved products. C Product Compatibility: To the maximum extent possible, provide products that are of the same type or function from a single manufacturer, make, or source. Where more than one choice is available as a Contractor's option, select a product which is compatible with other products already selected, specified, or in use by the Owner. 1.04 CONTRACTOR'S RESPONSIBILITY A The Contractor's responsibility related to product options and substitutions is defined in the General Conditions. CMIJobNo.03-093 01630-1 City olLa Porte Public Work's Metal Building PRODUCT OPTIONS AND SUBSTITUTIONS B Furnish information the Engineer deems necessary to judge equivalency of the alternate product. C Pay for laboratory testing, as well as any other review or examination costs, needed to establish the equivalency between products in order to obtain information upon which the Engineer can base a decision. D If the Engineer determines that an alternate product is not equal to that named in the Specifications, the Contractor shall furnish one of the specified products. 1.05 ENGINEER'S REVIEW A Alternate products or processes may be used only if approved in writing by the Engineer. The Engineer's determination regarding acceptance of a proposed alternate product is final. B Alternate products will be accepted if the product is judged by the Engineer to be equivalent to the specified product or to offer substantial benefit to the Owner. C The Owner retains the right to accept any product or process deemed advantageous to the Owner, and similarly, to reject any product or process deemed not beneficial to the Owner. 1.06 SUBSTITUTION PROCEDURE A Collect and assemble technical information applicable to the proposed product to aid in determining equivalency as related to the approved product specified. B Submit a written request for a construction product to be considered as an alternate product. C Submit the product information after the effective date of the Agreement and within the time period allowed for substitution submittals given in the General Conditions. After the submittal period has expired, requests for alternate products will be considered only when a specified product becomes unavailable because of conditions beyond the Contractor's control. D Submit 5 copies of each request for alternate product approval. Include the following information: 1 Complete data substantiating compliance of proposed substitution with Contract Documents 2 For products: a. Product identification, including manufacturer's name and address b. Manufacturer's literature with product description, performance and test data, and reference standards CM! Job No. 03-093 01630-2 City of La Porte Public Work's Metal Building PRODUCT OPTIONS AND SUBSTITUTIONS c. Samples, as applicable d. Name and address of similar projects on which product was used and date of installation. Include the name of the Owner, Archi- tect/Engineer, and installing contractor. 3 For construction methods: a. Detailed description of proposed method b. Drawings illustrating methods 4 Itemized comparison of proposed substitution with product or method specified 5 Data relating to changes in construction schedule 6 Relation to separate contracts, if any 7 Accurate cost data on proposed substitution in comparison with product or method specified. 8 Other information requested by the Engineer. E Approved alternate products will be subject to the same review process as the specified product would have been for shop drawings, product data, and samples. PART2 PRODUCTS - NOT USED PART 3 EX E CUT ION - NOT USED END OF SECTION CMI Job No. 03-093 01630-3 City of La Porte Public Work's Metal Bui/dinK CONTRACT CLOSEOUT SECTION 01700 CONTRACT CLOSEOUT PART 1 GENERAL 1.01 SECTION INCLUDES A Closeout procedures including final submittals such as operation and maintenance data, warranties, and spare parts and maintenance materials. 1.02 CLOSEOUT PROCEDURES A Comply with Document 00700 - General Conditions regarding Final Completion and Final Payment when Work is complete and ready for Engineer's final inspection. B Provide Project Record Documents in accordance with Section 01720. C Complete or correct items on punch list, with no new items added. Any new items will be addressed during warranty period. D The Owner will occupy portions of the Work as specified in other Sections. 1.03 FINAL CLEANING A Execute final cleaning prior to final inspection. B Clean debris from drainage systems. C Clean site; sweep paved areas, rake clean landscaped surfaces. D Remove waste and surplus materials, rubbish, and temporary construction facilities from the site following the final test of utilities and completion of the work. 1.04 OPERATION AND MAINTENANCE DATA A Submit operations and maintenance data as noted in Section 01300 - Submittals. 1.05 WARRANTIES A Provide one original of each warranty from Subcontractors, suppliers, and manufacturers. B Provide Table of Contents and assemble warranties in 3-ring/D binder with durable plastic cover. C Submit warranties prior to final Application for Payment. CM! Job No. 03-093 01700-1 City of La Porte Public Work '$ Metal Building CONTRACT CLOSEOUT D Warranties shall commence in accordance with the requirements in General Conditions. PART 2 PRODUCTS - NOT USED PART 3 EXECUTION - NOTUSED END OF SECTION CMf Job No. 03-093 01700-2 City olLa Porte Public Work's Metal Building CLEANING SECTION 01710 CLEANING PART 1 GENERAL 1.01 SECTION INCLUDES A Executing cleaning, during progress of work daily, and at completion of work. B Maintaining premises and public properties (including storage yards) free from accumulations of waste, debris and rubbish caused by operations. C At completion of work, remove waste materials, rubbish, tools, equipment, machinery and surplus materials: 1 Clean all sight-exposed surfaces. 2 Leave project clean and ready for occupancy or use. 1.02 UNIT PRICES A All items within this section shall be considered incidental to the cost of the project. PART 2 PRODUCTS 2.01 MATERIALS A Use cleaning materials recommended by manufacturer of surface to be cleaned. B Use cleaning materials only on surfaces recommended by cleaning material manufacturer. C See each specification section for specific products if applicable. PART 3 EXECUTION 3.01 DURING CONSTRUCTION A Execute cleaning to ensure that building, grounds and public properties are maintained free from accumulations of waste materials and rubbish. B Wet down dry materials and rubbish to lay dust and prevent blowing dust. C At daily intervals during progress of work, clean site and public properties. D Dispose of waste materials, debris, and rubbish. E Provide on-site containers for collection of waste materials, debris and rubbish. CMIJobNo.03-093 01710-1 City of La Porte Public Work's Metal Buildin[{ CLEANING F Remove waste material, debris, and rubbish from site. G Legally dispose of debris at public or private dumping areas off Owner's property. H Handle materials in a controlled manner with as few handlings as possible. 3.02 SAFETY REQUIREMENTS A Hazards Control: 1 Store volatile wastes in covered metal containers. 2 Remove containers from premises daily. 3 Prevent accumulation of wastes which create hazardous conditions. 4 Provide adequate ventilation during use of volatile or noxious substances. B Conduct cleaning and disposal operations to comply with local ordinances and anti-pollution laws: 1 Do not burn or bury rubbish and waste materials on project site. 2 Do not dispose of volatile wastes such as mineral spirits, oil, or paint thinner in storm or sanitary drains. 3 Do not dispose of wastes into stream or waterways. 4 Cleanup after haul trucks. END OF SECTION CM! Job No. 03-093 01710-2 City olLa Porte Public Work's Metal Building PROJECT RECORD DOCUMENTS SECTION 01720 PROJECT RECORD DOCUMENTS PART 1 GENERAL 1.01 SECTION INCLUDES A Maintenance and Submittal of Record Documents and Samples. 1.02 MAINTENANCE OF DOCUMENTS AND SAMPLES A Maintain one record copy of documents at the site. B Store Record Documents and samples in field office if a field office is required by Contract Documents, or in a secure location. Provide files, racks, and secure storage for Record Documents and samples. C Label each document "PROJECT RECORD" in neat, large, printed letters. D Maintain Record Documents in a clean, dry, and legible condition. Do not use Record Documents for construction purposes. E Keep Record Documents and Samples available for inspection by Engineer. 1.03 RECORDING A Record information concurrently with construction progress. Do not conceal any work until required information is recorded. B Contract Drawings and Shop Drawings: Legibly mark each item to record all actual construction, or "as built" conditions, including: 1 Measured horizontal locations and elevations of underground utilities and appurtenances, referenced to permanent surface improvements. 2 Elevations of underground utilities referenced to bench mark utilized for project. 3 Field changes of dimension and detail. 4 Changes made by modifications. 5 Details not on original contract drawings. 6 References to related shop drawings and Modifications. CM! Job No. 03-093 01720-1 City of La Porte Public Work's Metal Building PROJECT RECORD DOCUMENTS C Record information with a red pen or pencil on a set of blue line opaque drawings, provided by Engineer. 1.04 SUBMITTALS A At contract closeout, deliver Project Record Documents to Engineer. PART 2 PRODUCTS - NOT USED PART 3 EXECUTION - NOT USED END OF SECTION CMI Job No. 03-093 01720-2 City of La Porte Public Work's Metal Building CONCRETE FORMWORK SECTION 03100 CONCRETE FORMWORK PART 1 - GENERAL 1.01 RELATED DOCUMENTS: The Conditions of the Contract and applicable requirements of Division 1 govern this Section. 1.02 DESCRIPTION OF WORK: A. Work Included: 1. Provide formwork for cast-in-place and precast concrete. 2. Install items supplied by other trades where the items must be placed as forms are erected. Locate these items from information supplied by the trades requiring them. B. Work of Other Sections: 1. Concrete Curbs, Walks and Paving C. Applicability to Other Sections: Some requirements within this Section apply to the work of other Sections. The actual performance of the work stays within the Section where it occurs, but subject to the requirements of this Section, to the extent applicable. 1.03 QUALITY ASSURANCE A. Standards: Except as modified hereinafter, comply with applicable provisions and recommendations of ACI-347, "Guide to Formwork for Concrete" and ACI-301, Chapter 4, "Specification for Structural Concrete for Buildings." B. Definitions: 1. Exposed Concrete: Concrete exposed-to-view on interior and/or exterior including concrete which will receive finish materials, such as paint and wallcovering, applied directly to its surface. Not included is exposed concrete in mechanical and utility rooms. 2. Concealed Concrete: Concrete covered by structure or with finish material other than that applied directly to its surface. Included is exposed concrete in mechanical and utility rooms. CMf Job No. 03-093 03100-1 City of La Porte Public Work's Metal Building CONCRETEFO~ORK 3. Architectural Concrete: Same as "exposed concrete" except special care is taken to achieve uniform shape, surface, texture and color. Architectural concrete is not to be covered with any other finish. C. Tolerances for Exposed Concrete: 1. General: Following is a list of the maximum permissible deviations from established lines, grades and dimensions for all exposed concrete. a. Variations in the level of elevated concrete as floors and beams are to be measured before removal of supporting shores. The Contractor is responsible for adjusting the formwork to compensate for deflections of formwork including the deflections of the structure supporting the formwork. 2. Variation from Plumb: a. In the lines and surfaces of columns, piers, walls and risers: In 10 ft. (3 m) In any story of20 ft.(6 m) max. In 40 ft. (12 m) or more - 1/4 in. (6 mm) - 3/8 in. (9 mm) - 3/4 in. (19 mm) b. For exposed comer columns control-joint grooves and other conspicuous lines: In any bay or story of 20 ft. ( 6 m) max. In any 40 ft. (12 m) or more - 1/4 in. (6 mm) - 1/2 in. (12 mm) 3. Variation from the Level or from the Grades Shown: a. In floors, ceiling, beam soffits, joints and in treads: In any 10 ft. (3.048 m) In any bay or 20 ft. (6.1 m) max. In 40 ft. (12.2 m) or more - 1/4 in. (6 mm) - 3/8 in. (9 mm) - 3/4 in. (19 mm) b. For exposed lintels, joists, sills, parapets, horizontal grooves and other conspicuous lines: In any bay or 20 ft. (6.1 m) max. In 40 ft. (12.2 m) or more - 1/4 in. (6 rom) - 1/2 in. (12 mm) CM! Job No. 03-093 03100-2 City oILa Porte Public Work's Metal Building CONCRETE FORMWORK 4. Variation of the Linear Building Lines from Established Position in Plan and Related Position of Columns, Walls and Partitions: In any bay or 20 ft. (6.1 m) max. In 40 ft. (12.2 m) or more - 1/2 in. (12 mm) - 1 in. (25 mm) 5. Variation in the Sizes and Locations of Sleeves, Floor Openings and Wall Openings: - 1/4 in. (6 rom) 6. Variation in Cross-Sectional Dimensions of Columns, Beams, Joists and in the Thickness of Slabs and Walls: Minus Plus - 1/4 in. ( 6 mm) - 1/2 in. (12 mm) 7. Variation in Steps: a. In a flight of stairs: Rise Tread - 1/8 in. (3 mm) 1/4 in. (6 mm) b. In consecutive steps: Rise Tread - 1/16 in. (1 mm) - 1/8 in. (3 mm) D. Tolerances for Concealed Concrete: Concealed concrete shall meet the following requirements: 1. Sufficiently accurate to accommodate the details of abutting work. 2. Measurably accurate so that the maximum deviation is not over 3/8 in. in 8 ft. (9.5 rom in 2.44 m). 3. Measurably accurate so that the total maximum deviation is not over 1 in. in 40 ft. (25.4 rom in 12.2 m) or more. rMT.lnh Nn m-()<H 03100-3 City of La Porte Public Work's Metal Building CONCRETE FORMWORK E. Mock-Up or Sample Panels: Provide formwork for mock-up or sample panels as required by the Architect for cast-in-place and precast concrete work specified. Construct forms using facing materials required to provide required finishes and textures. Do not proceed with structure formwork until sample units and forms have been accepted by the Architect. 1.04 SUBMITTALS: A. Manufacturer's Data: Submit manufacturer's product data and installation instructions for proprietary materials including form coatings, manufactured form systems, ties and accessories. Submit written certification by the form coating manufacturer that the form coating will not adversely affect the concrete surfaces as hereinafter specified. B. Shop Drawings: 1. Submit shop drawings for fabrication and erection of formwork. Show the general construction of forms including jointing, special formed joints or reveals, temporary openings, location and pattern of form tie placement, and other items which affect the exposed concrete visually. Include details of inserts and anchorages. Indicate sequence of removal of forms and shoring, and for placement and removal of reshoring. Engage a professional engineer licensed in the state in which the Work is to be done to design forms and shoring, with shop drawings bearing his seal. 2. The Contractor shall be solely responsible for the structural adequacy of the forms, ties, shoring and bracing. Any requirements given herein are minimum for appearance purposes only, not to be considered as structural design. PART 2 - PRODUCTS 2.01 FORM MATERIALS: A. Forms for Exposed Finish Concrete: 1. Unless otherwise indicated, construct formwork for exposed concrete surfaces with plywood, metal, metal-framed plywood-faced or other panel type materials acceptable to the Architect, providing continuous, straight, as-cast surfaces. Furnish in largest practicable sizes to minimize number of joints and to conform to joint system shown. Provide form material with sufficient thickness to withstand pressure of placed concrete without bow or deflection beyond allowable tolerances. rMT .Jnh Nn_ 03-093 03100-4 City of La Porte Public Work's Metal Building CONCRETE FORMWORK 2. Use overlaid plywood complying with U.S. Product Standard PS-I, "B-B High Density Overlaid Concrete form," Class I. 3. Use plywood complying with U.S. Product Standards PS-I, "B-B (Concrete Form) Plywood" Class I, Exterior Grade or better mill-oiled and edge-sealed, with each piece bearing the legible trademark of an approved inspection agency. 4. Required Form Features: a. True shape and edges. b. Sharp, undamaged comers and edges. c. Uniformly sm.?oth, clean surfaces without checks or knots. d. Free of damage, holes, bumps, warps and bends. e. Hard, waterproof surface. f. Single-unit forms without lapped joints for columns, beams and joists. 5. Prohibited Forms: a. Segmented units for joists. b. Boards. c. Plywood without high density overlay. d. Earth forms. B. Forms for Unexposed Finish Concrete: Form concrete surfaces which will be unexposed in the finished structure with plywood, lumber, metal, or other acceptable material. Provide lumber that is dressed on at least 2 edges and 1 side for tight fit. C. Forms for Textured Finish Concrete: For textured finish concrete surfaces, provide size, arrangement, and configuration as shown or as required to meet Architect's control sample. Provide solid backing and form supports to ensure stability of textured form liners. D. Cylindrical Columns and Supports: CMf Job No. 03-093 03100-5 City ojLa Porte Public Work '$ Metal Building CONCRETE FORMWORK 1. Form round-section members with paper or fiber tubes, constructed of laminated piles using water-resistant type adhesive with wax-impregnated exterior for weather and moisture protection. 2. Provide units with sufficient wall thickness to resist loads imposed by uncured concrete without deformation. 3. Provide units having "seamless" interior to minimize spiral gaps or seams. 4. Provide manufacturer's standard plastic-lined-interior units. 5. Form round-section members of not less than 12 ga. (2.6 mm) galvanized steel sheets. Butt section together, with bolted or keyed and welded joints. Finish interior joints or forms smooth so there is no visible seam on finished concrete surfaces. E. Pan Forms: 1. Provide forms for concrete pan-type construction complete with covers and end enclosures to form a true, clean, smooth concrete surface. Design units for easy removal without damaging placed concrete. Block adjoining pan units if required to avoid lateral deflection of formwork during concrete placement and consolidation. Provide standard or tapered end forms, as shown on drawings. 2. Factory-fabricate pan form units to required SIzes and shapes, of the following: a. Steel: 16 ga.(1.5 mm) minimum, free of dents, irregularities, sag and rust. b. Glass-Fiber Reinforced Plastic: Molded under pressure with matched dies, 0.11 in.(2.8 mm) minimum wall thickness. F. Form Ties: 1. Provide factory-fabricated, adjustable-length, removable or snap-off metal form ties, designed to prevent deflection, and to prevent spalling concrete surfaces upon removal. 2. Unless otherwise shown, provide ties so that portion remaining within concrete after removal of exterior parts is at least 1-1/2 in. (38.1 mm) from the outer concrete surface. Unless otherwise indicated, provide form ties which will leave a hole not larger than 1 in. (25.4 mm) diameter in the concrete surface. eM! Job No. 03-093 03100-6 City of La Porte Public Work's Metal Building CONCRETEFO~ORK 3. Form ties fabricated on the project site and wire ties are acceptable. 4. Provide 300 series stainless steel form ties for planned exposed tie hole locations, where shown, and for exposed or concealed architectural concrete. When used, break-back point shall be in 1 in. (25.4 mm) from outer concrete surface. G. Form Coatings: Provide commercial formulation form-coating compounds that will not bond with, stain, nor adversely affect concrete surfaces, and will not impair subsequent treatment of concrete surfaces requiring bond or adhesion, nor impede the wetting of surfaces to be cured with water or curing compounds. H. Inserts: 1. Provide metal inserts for anchorage of materials or equipment to concrete construction, not supplied by other trades and as required for the work. 2. Provide adjustable wedge inserts of malleable cast iron, complete with bolts, nuts and washers; minimum 3/4 in. (19 mm) bolt size unless otherwise indicated. 3. Provide threaded inserts of malleable cast iron, furnished complete with full-depth bolts; minimum 3/4 in. (19 mm) bolt size unless otherwise indicated. 4. Provide sheet metal reglets formed of the same type and gage as flashing metal to be build into the reglets, unless otherwise indicated. Where elastic sheet flashing or bituminous membranes are terminated in reglets, provide reglets of not less than 26 ga. (0.48 mm) stainless steel sheet. Fill reglet or cover face opening to prevent intrusion of concrete or debris. I. Chamfer Strips: 3/4 in. x 3/4 in. (19 mm x 19 mm) virgin vinyl with 1/2 in. (12 mm) radius. Provide with 1/2 in. (12 mm) nailing leg at comer. Strip shall be continuous at all exposed concrete columns, beams, walls and floor edges. 2.02 DESIGN OF FORMWORK: A. Design, erect, support, brace and maintain formwork so that it will safely support vertical and lateral loads that might be applied, until such loads can be supported by the concrete structure. Carry vertical and lateral loads to ground by formwork system and in-place construction that has attained adequate strength for that purpose. CMI Job No. 03-093 03100-7 City of La Porte Public Work's Metal Building CONCRETE FORMWORK B. Design forms and falsework to include assumed values of live load, dead load, weight of moving equipment operated on formwork, ambient temperature, foundation pressures, stresses, lateral stability, and other factors pertinent to safety of structure during construction. C. Design formwork to be readily removable without impact, shock or damage to concrete surfaces and adjacent materials. D. Provide formwork sufficiently tight to prevent leakage of cement paste during concrete placement. Solidly butt joints and provide backup material at joints as required to prevent leakage and fins. E. Design formwork assemblies to take into account the placing rate, temperature, vibrating and retarding admixtures so all portions of the assembly withstand the concrete pressures without deformation beyond 1/360 of spans. PART 3 - EXECUTION 3.01 INSPECTION: Examine substrates and adjoining construction, and conditions under which the Work is to be installed. Do not proceed with the Work until unsatisfactory conditions detrimental to the proper and timely completion of the work have been corrected. 3.02 FORM CONSTRUCTION: A. General: CMf Job No. 03-093 1. Construct forms complying with ACI 347, to the sizes, shapes, lines and dimensions shown, and.as required to obtain accurate alignment, location, grades, level and plumb work in fInished structures. Provide for openings, offsets, sinkages, keyways, recesses, moldings, rustications, reglets, chamfers, blocking, screeds, bulkheads, anchorages and insets, and other features required. Use selected materials to obtain required fmishes. 2. Provide camber in formwork as required for anticipated deflections of formwork system and in-place construction due to weight and pressures during concrete placement and construction loads. 3. Fabricate forms for easy removal without hammering or prying against concrete surfaces. Provide crush plates or wrecking plates where stripping may damage cast concrete surfaces. Provide top forms for inclined surfaces where the slope is too steep to place concrete with bottom forms only. Kerf wood inserts for forming keyways, reglets, recesses, and the like, to prevent swelling and assure ease of removal. 03100-8 City of La Porte Public Work's Metal Building CONCRETE FORMWORK 4. Provide temporary openings where interior area of formwork is inaccessible for cleanout, for inspection before concrete placement, and for placement of concrete. Brace temporary closures and set tightly to forms to prevent loss of concrete mortar. Locate temporary openings on forms in as inconspicuous location as possible, consistent with project requirements. 5. Form intersecting planes to provide true, clean-out comers, with edge grain of plywood not exposed as form for concrete. 6. Before concrete placement, check the lines and levels of erected formwork. Make corrections and adjustments to ensure proper size and location of concrete members and stability of forming systems. 7. During concrete placement, check formwork and related supports to ensure that forms are not displaced and that completed work will be within specified tolerances. 8. Engage a licensed surveyor to verify that the work is within specified allowable tolerances. The surveyor shall report in writing to the Architect, with copy to the Contractor, certifying the work as acceptable or indicating deviations from allowable tolerances. B. Falsework: 1. Erect, support, brace and maintain falsework to safely support vertical, lateral and asymmetrical loads applied until such loads can be supported by in-place concrete structures. 2. Provide shores and struts with positive means of adjustment capable of taking up formwork settlement during concrete placing operations, using wedges or jacks or a combination thereof. Provide trussed supports when adequate foundations for shores and struts cannot be secured. 3. Support form facing materials by structural members spaced sufficiently close to prevent deflection. Fit forms placed in successive units for continuous surfaces to accurately align, free from irregularities and within allowable tolerances. 4. Carefully inspect falsework and formwork during and after concrete placement operations to determine excessive deflection or signs of failure. Make necessary adjustments to produce work of required dimensions. rMlJnh Nn m-n93 03100-9 City oJLa Porte Public Work's Metal Building CONCRETE FORMWORK C. Provisions for Other Trades: Provide openings in concrete formwork to accommodate work of other trades. Size and location of openings, recesses and chases are the responsibility of the trade requiring such items. Accurately place and securely support items to be built into forms. D. Cleaning and Tightening: Thoroughly clean forms and adjacent surfaces to receive concrete. Remove chips, wood, sawdust, dirt or other debris just before concrete is to be placed. Retighten forms immediately after concrete placement as required to eliminate mortar leaks. 3.03 FORMS FOR EXPOSED CONCRETE: A. General: 1. Drill forms to suit ties used and to prevent leakage of concrete mortar around tie holes. Do not splinter forms by driving ties through improperly prepared holes. 2. Do not use metal cover plates for patching holes or defects in forms. 3. Provide sharp, clean comers at intersecting planes, without visible edges or offsets. Back joints with extra studs or girts to maintain true, square intersections. 4. Use extra studs, walers and bracing to prevent bowing of forms between studs. 5. Assemble forms so they may be readily removed without damage to exposed concrete surfaces. 6. Form molding shapes, recesses and projections with smooth-finish materials, and install in forms with sealed joints to prevent displacement. B. Comer Treatment: 1. Form exposed comers of beams and columns to produce square, smooth, solid, unbroken lines, except as otherwise indicated. 2. Form chamfers with 3/4 in. x 3/4 in. (19 mm x 19 mm) strips, unless otherwise indicated, accurately formed and surfaced to produce uniformly straight lines and tight edge joints. Extend terminal edges to required limit and miter chamfer at changes in direction. 3. Non-exposed comers may be formed either square or chamfered. rMT Joh No. 03-093 03100-10 City of La Porte Public Work's Metal Building CONCRETEFO~ORK C. Joint Locations: 1. Utilize largest available form units for minimum joint spacing of 8 ft. x 4 ft. (2 m x 1 m). 2. Arrange joints in a symmetrical pattern so center of the surface involved is either a joint or the center of a form unit. Use form units of matching size where possible. 3. Arrange forms with continuous support at every joint to keep from offsetting during the placing operation. 4. Exposed construction joints not shown shall be made and located to least impair the strength of the structure. 5. Where a construction joint is to occur, thoroughly clean the surface of the concrete and removal all laitance. In addition, vertical joints shall be thoroughly wetted and slushed with a coat of neat cement grout immediately before placement of new concrete. A delay until the concrete is no longer plastic in columns or walls (minimum of2 hours) must occur before concrete is placed in the beams or slabs to be supported. 6. At horizontal construction joints, provide 1-1/2 in. (38 mm) continuous blocking at top of first casting. Remove blocking and rebrace forming member tightly against first casting to form a leakproof joint for second placement. 7. There shall be no horizontal construction joints in concrete beams. Construction joints shall be made in the middle third of spans with vertical bulkheads. When a beam intersects a girder at this point, the joints in the girders shall be offset a distance equal to twice the width of the beam. The location of construction joints shall be approved by the Architect. Provide additional reinforcing at construction joints as directed by the Architect. 8. Construction joints in floors shall be located near the middle of the spans of slabs or beams. 3.04 FORMS FOR ARCHITECTURAL CONCRETE: Comply with recommendations of ACI 303 "Guide to Cast-in-place Architectural Concrete Practice." Tolerances shall be the same as for "exposed concrete." CM! Job No. 03-093 03100-11 City of La Porte Public Work's Metal Building CONCRETEFO~ORK 3.05 SHORES AND SUPPORTS: A. Comply with ACI 347 for shoring and reshoring in multistory construction, and as herein specified. B. Extend shoring from ground to roof for structures 4 stories or less, unless otherwise permitted. C. Extend shoring at least 3 floors under floor or roof being placed for structures over 4 stories. Shore floor directly under floor or roof being placed, so that loads from construction above will transfer directly to these shores. Space out shoring in stories below this level in such a manner that no floor or member will be excessively loaded or will induce tensile stress in concrete members where no reinforcing steel is provided. Extend shores beyond minimum if required to ensure the proper distribution of loads throughout the structure. D. Remove shores and reshore in a planned sequence to avoid damage to partially cured concrete. Locate and provide adequate reshoring to safely support the work without excessive stress or deflection and without increasing cracking or propensity for cracking in the concrete. E. Keep reshores in place a minimum of 15 days after placing upper tier, and longer if required, until the concrete has attained its required 28-day strength and heavy loads due to construction operations have been removed. 3.06 PREPARATION OF FORM SURFACES: A. All surfaces of forms and embedded materials shall be cleaned of any accumulated mortar or grout from previous concreting and of all other foreign material before concrete is placed in them. B. Unless otherwise specified or approved, surfaces of forms shall be treated as follows: 1. Before placement of either the reinforcing steel or the concrete, the surfaces of the forms shall be covered with specified coating material. Steel forms shall be free of rust. 2. High density overlay plywood shall receive mill oil of 100 or higher viscosity, in accordance with AP A recommendations. 3. Excess form coating material shall not be allowed to stand in puddles in the forms nor shall such coating be allowed to come in contact with hardened concrete against which fresh concrete is to be placed. eM! Job No. 03-093 03100-12 City of La Porte Public Work's Metal Building CONCRETE FORMWORK 3.07 INSTALLATION OF EMBEDDED ITEMS: A. General: Set and build into the work anchorage devices and other embedded items required for other work that is attached to, or supported by concrete. Use setting drawings, diagrams, instructions, and directions provided by suppliers of the items to be attached thereto. B. Edge Forms and Screeds Strips for Slabs: Set edge forms or bulkheads and intermediate screed strips for slabs to obtain required elevations and contours in the fInished slab surface. Provide and secure units to support types of screeds required. 3.08 REMOVAL OF FORMS: General: A. Formwork not supporting concrete, such as sides of beams, walls, columns, and similar parts of the work, may be removed after cumulatively curing at not less than 50 degrees F. (10 degrees C.) for 24-hours after placing concrete, provided concrete is sufficiently hard to not be damaged by form removal operations, and provided that curing and protection operations are maintained. B. Formwork supporting weight of concrete, such as beam soffits, joists, slabs and other structural elements may not be removed in less than 14-days, and not until concrete has attained design minimum 28-day compressive strength. Determine potential compressive strength of in-place concrete by testing fIeld-cured specimens representative of the concrete location or members, as specifIed under Independent Testing Laboratory. C. Form facing material may be removed 4-days after placement, only if shores and other vertical supports have been arranged to permit removal of form facing material without loosening or disturbing shores and supports. 3.09 RE-USE OF FORMS: A. Clean and repair surfaces of forms to be re-used in the work. Split, frayed, delaminated or otherwise damaged form facing material will not be acceptable. Apply new form coating compound material to concrete contact surfaces as specifIed for new formwork. B. When forms are extended for successive concrete placement, thoroughly clean surfaces, remove fIns and laitance, and tighten forms to close all joints. Align and secure joints to avoid offsets. Do not use "patched" forms for exposed concrete surfaces, except as acceptable to the Architect. END OF SECTION CMI Job No. 03-093 03100-13 City of La Porte Public Work's Metal Building CAST-IN-PLACECONCRETE SECTION 03300 CAST-IN-PLACE CONCRETE PART 1 - GENERAL 1.01 RELATED DOCUMENTS: The Conditions of the Contract and applicable requirements of Division 1 govern this Section. 1.02 DESCRIPTION OF WORK: A. Work Included: This Section covers concrete materials, accessories, mixing, placing, finishing, curing and protection, and manufacture of concrete roof pavers. B. Work of Other Sections: 1. Concrete Curbs, Walks, Paving, Slurry Walls, Caissons, and Drilled Piers. 2. Independent Testing Laboratory. C. Applicability to Other Sections: Some requirements given within this Section apply to the Work of other sections. The actual performance of the Work stays within the section it occurs, but subject to the requirements of this Section to the extent applicable. 1.03 QUALITY ASSURANCE: A. Codes and Standards: 1. Comply with the proVISIons of the following codes, specifications, and standards, except where more st:ririgent requirements are shown or specified. a. ACI 301 "Specifications for Structural Concrete for Buildings." b. ACI 311 "Recommended Practice for Concrete Inspection." c. ACI 318 "Building Code Requirements for Reinforced Concrete." d. ACI 347 "Guide to Formwork for Concrete." e. ACI 304 "Guide for Measuring, Mixing, Transporting and Placing Concrete. " f. Concrete Reinforcing Steel Institute, "Manual of Standard Practice". CM! Job No. 03-093 03300-1 City of La Porte Public Work's Metal Building CAST-IN~LACECONCRETE 2. Comply with Building Code requirements which are more stringent than the above. B. Workmanship: The Contractor is responsible for correction of concrete work which does not conform to the specified requirements, including strength, tolerances and finishes. Correct deficient concrete as directed by the Architect. 1.04 SUBMITTALS: A. Concrete Mix Designs: 1. All mix designs shall be proportioned in accordance with Section 5.3, "Proportioning on the Basis of Field Experience and/or Trial Mixtures" of ACI 318-89. The proposed mix designs shall be accompanied by complete standard deviation analysis or trial mixture test data. Submit mix designs on each class of concrete for review. 2. These mix designs shall be prepared in accordance with 211.1 for normal weight concrete and report to the Architect the following data: a. Complete identification of aggregate source of supply. b. Tests of aggregates for compliance with specified requirements. c. Scale weight of each aggregate. d. Absorbed water in each aggregate. e. Brand, type and composition of cement. f. Brand, type and amount of each admixture. g. Water content. h. Proportions of each material per cu. yd. (per cu. m) 1. Gross weight and yield per cu. yd. (per cu. m) of proposed mix. J. Measured initial and final slump. k. Measured air content. 1. Compressive strength developed at 7 days and 28 days, from trial mixture test data or from standard deviation analysis of previous test results. CMf Job No. 03-093 03300-2 City oJ La Forte Public Work's Metal Building CAST-IN-PLACE CONCRETE 3. Submit written reports to the Architect for each proposed mix of each type of concrete on the Mix Design Submittal Form at least 15 days prior to start of work. Do not begin concrete production until mixes have been reviewed by the Architect. B. Laboratory Trial Batches: 1. Prepare test specimens in accordance with ASTM C192 and conduct strength test in accordance with ASTM C39, as specified in ACI 301. 2. Establish a curve showing relationship between water-cement ratio (or cement content) and compressive strength, with at least 3 points representing batches which produce strengths above and below that required. Use not less than 3 specimens tested at 28-days or an earlier age, when acceptable to the Architect, to establish each point on the curve. If trial batches are used, the mix design shall be prepared by an independent testing laboratory and shall achieve an average compressive strength 1200 psi higher than the specified strength. This over-design shall be increased to 1400 psi when concrete strengths over 5000 are used. C. Adjustment to Concrete Mixes: Mix design adjustments may be requested by the Contractor when characteristics of materials, job conditions, weather, test results, or other circumstances warrant; at no additional cost to the Owner and as accepted by the Architect. Laboratory tests data for revised mix designs and strength results must be submitted to and accepted by the Architect before using in the Work. D. Admixtures: 1. Use air-entraining admixture in exterior concrete, unless otherwise indicated. Add air-entraining admixture to concrete at the manufacturer's prescribed rate to result in having air content (at the point of placement) within the following limits: a. Concrete structures and slabs exposed to freezing and thawing or subjected to hydraulic pressure: (1) 4% for maximum 2 in. (50.8 rom) aggregate. (2) 6% for maximum 3/4 in. (19.05 rom) aggregate. (3) 7% for maximum 1/2 in. (12.7 rom) aggregate. b. Interior Slabs, subjected to vehicular traffic, shall have a maximum air content of 3%. rUT .Tnh Nn. 03-093 03300-3 City of La Porte Public Work's Metal Building CAST -IN-PLACE CONCRETE 2. All concrete must contain the specified water-reducing admixture or the specified high-range water-reducing admixture (superplasticizer). 3. All concrete slabs placed at air temperatures below 50 degrees F shall contain the specified non-corrosive, non-chloride accelerator. All concrete required to be air entrained shall contain an approved air entraining admixture. 4. All pumped concrete, concrete for industrial slabs, synthetic fiber concrete, architectural concrete, concrete required to be watertight or concrete with a water/cement ratio below 0.50 shall contain the specified high-range water- reducing admixture (superplasticizer). E. Slump: 1. All concrete containing the high-range water-reducing admixture (superplasticizer) shall have a maximum slump of9" unless otherwise approved by the architect. 2. The concrete shall arrive at the job site at a slump of 2" to 3", (3" to 4" for concrete receiving a "shake-on" hardener or lightweight concrete), be verified, then the high-range water-reducing admixture added to increase the slump to the approved level. 3. All other concrete shall have a maximum slump of 4". F. Water/Cement Ratio: All concrete subject to freezing and thawing shall have a maximum water/cement ratio of 0.50 (4000 psi at 28 days or more). All concrete subjected to deicers and/or required to be watertight shall have a maximum water/cement ratio of 0.45 (4500 psi at 28 days or more). All reinforced concrete subjected to brackish water, salt spray or deicers shall have a maximum water/cement ratio of 0.40 (5000 psi at 28 days or more). G. Manufacturer's Data: 1. Submit manufacturer's product data, specifications with application and installation instructions for proprietary materials and items, including admixtures, bonding agents, waterstops, joint systems, curing compounds, and dry shake finish materials. 2. Submit and secure approval of the Architect for the following data, information and procedures: a. Cement: Source of supply, physical and chemical characteristics, transportation and intermediate terminaling and storage procedures from mill to project and site storage procedures. CMf Job No. 03-093 03300-4 City of La Porte Public Work's Metal Building CAST-IN-PLACE CONCRETE b. Aggregate: Physical and chemical properties, procurement, processing and storage facilitIes. c. Mixing Water: Source and chemical analysis. d. Equipment: Description and handling capacities for concrete placement to include buckets, chutes, pump and tremies. Concrete consolidation equipment technical data. e. Concrete: (1) Hatching and mixing equipment and procedures. (2) Transport equipment and description of techniques. (3) Curing procedures. (4) Mix designs for each type of concrete including trial batch results, ingredients, physical properties. (5) Hot and Cold Weather Concreting precautions and procedures. H. Samples: Submit samples of materials as specified and as otherwise may be requested by the Architect, including names, sources and descriptions as required. 1. Laboratory Test Reports: Submit laboratory test reports for concrete materials and mix design test results. J. Placement Schedule: Prepare a placement schedule and submit to Architect for review prior to start of concrete placement. K. Delivery Tickets: Furnish copies of delivery tickets for each load of concrete delivered to the site. Provide items of information as specified hereinafter. 1.05 PRODUCT HANDLING: Comply with ACI 301, chapter 2, paragraph 2.5, and ACI 304. PART 2 - PRODUCTS 2.01 CONCRETE MATERIALS: A. Portland Cement: 1. ASTM C150, as follows: CMI Job No. 03-093 03300-5 City of La Porte Public Work's Metal Building CAST -IN-PLACE CONCRETE a. Provide Type I cement, except as otherwise indicated. Type III cement may be used in lieu of Type I at Contractor's option, when approved by the Architect. b. Provide Type III cement for High-Early Strength concrete where shown. c. Provide white cement where shown. 2. Use only one brand of cement for each required type throughout the project, unless otherwise accepted by the Architect. B. Normal Weight Aggregates: 1. General: a. Provide aggregates complying with ASTM C33, from selected sources with acceptable limits of contaminants to meet requirements herein described. b. Do not use aggregates containing soluble salts or other substances such as iron sulphides, pyrite, marcasite or ochre which can cause stains on exposed concrete surfaces. c. The total chloride content in the coarse and fine aggregates shall not exceed 0.05 lbs./cu.yd. for concrete subjected to deicers, brackish water, salt spray in service. Air content maximum in other concrete shall be as approved by the Engineer. 2. Fine Aggregate: a. Clean, sharp, natural sand free from loam, clay, lumps or other deleterious substances. b. Fine aggregates shall contain no greater than 0.1 % by weight of chlorides and no greater than 0.4% by weight of sulphates. 3. Coarse Aggregate: a. Clean, uncoated, processed aggregate containing no clay, mud, loam, or foreign matter, as follows: (1) Crushed stone, processed from natural rock or stone. (2) Washed gravel, either natural or crushed. Use of pit or bank run gravel is not permitted. CM! Job No. 03-093 03300-6 City of La Porte Public Work's Metal Building CAST -IN-PLACE CONCRETE (3) Blast-furnace slag, crushed and processed from air cooled, iron blast-furnace slag weighing not less than 70 lbs.lcu. ft. (1 121.3 kg/cu. m) in the dry, compacted state when determined in compliance with ASTM C29. b. Coarse aggregate shall not be larger than one-fifth of the narrowest dimension between sides of forms, one-third of the depth of slabs, nor three-fourths of the minimum clear spacing between individual reinforcing bars or bundles of bars. c. Coarse aggregate shall be 3/4 in. (19 mm) maximum size and 3/8 in. (9.5 mm) minimum size. d. Coarse aggregate shall contain no greater than 0.025% by weight of chlorides and no greater than 145% by weight of sulphate unless otherwise approved by the Engineer. C. Lightweight Aggregates: ASTM C330. D. Supply of Aggregates: Provide aggregates from one source of supply to ensure uniformity in color, size and shape. E. Water: Clean, fresh, potable. 2.02 CONCRETE ADMIXTURES: A. General: Provide admixtures produced by established reputable manufacturer's and use in compliance with the manufacturer's printed directions. Do not use admixtures which have not been incorporated and tested in accepted mixes, unless otherwise authorized in writing by the Architect. B. Air-Entraining Admixtures: ASTM C260. C. Water-Reducing Admixture: The admixture shall conform to ASTM C494, Type A and not contain more chloride ions than are present in municipal drinking water. Provide one of the following: 1. Eucon WR-75 or WR-89; The Euclid Chemical Co. 2. Pozzolith 200N; Master Builders 3. Plastocrete 160; Sika Chemical Corp. eMf Job No. 03-093 01100-7 City of La Porte Public Work's Metal Building CAST-IN-PLACE CONCRETE D. Water-Reducing, Retarding Admixture: The admixture shall conform to ASTM C494, Type D and not contain more chloride ions than are present in municipal drinking water. Provide one of the following: 1. Eucon Retarder-75; The Euclid Chemical Co. 2. Pozzolith 100XR; Master Builders 3. Plastiment; Sika Chemical Corp. E. High Range Water-Reducing Admixture (Superplasticizer): The admixture shall conform to ASTM C494, Type F or G, and not contain more chloride ions than are present in municipal drinking water. Provide one of the following: 1. Eucon 37; The Euclid Chemical Co. 2. Sikament 300; Sika Chemical Corp. 3. Rheobuild 1000; Master Builders F. Non-Corrosive, Non-Chloride Accelerator: The admixture shall conform to ASTM C494, Type C or E, and not contain more chloride ions than are present in municipal drinking water. The admixture manufacturer must have long-term non-corrosive test data from an independent testing laboratory (of at least a year's duration) using an acceptable accelerated corrosion test method such as that using electrical potential measures. Provide one of the following: 1. Accelguard 90; The Euclid Chemical Co. G. Fly Ash: ASTM C618. Fly ash is not allowed in concrete supporting vehicular traffic. H. Prohibited Admixtures: Calcium chloride, thiocyanates or admixtures containing more than 0.05% chloride ions are not permitted. No admixture shall cause an increase in shrinkage when tested in accordance with ASTM C494 and ASTM C157. 1. Certification: Written conformance to the above mentioned requirements and the chloride ion content of the admixture will be required from the admixture manufacturer prior to mix design review by the Engineer. eM! Job No. 03-093 01'100.R City of La Porte Public Work's Metal Building CAST -IN-PLACE CONCRETE 2.03 RELATED MATERIALS: Waterstops. A. Use extruded flat, dumbbell or centerbulb type PVC waterstops complying with CRD C 572 at construction joints and other joints where no movement is expected, unless otherwise shown. Web thickness shall not be less than 3/16 in. (4.8 mm) for units up to 5 in. (0.13 m) wide, and not less than 3/8 in. (9.52 mm) for widths 5 in. (0.13 m) and over. B. Cross sections shall be dense, homogenous and free from porosity and other imperfections. Waterstops shall have a 1900 psi (1.34 kg/sq. m) tensile strength and a minimum elongation of 200%. Provide shapes and sizes for each condition. 2.04 VAPOR BARRIER: Provide vapor barrier cover over prepared base material where shown. Use only materials which are resistant to decay when tested in accordance with ASTM EI54, as follows: A. Polyethylene sheet not less than 6 mils (0.15 mm) thick. B. Water resistant barrier paper consisting of heavy Kraft paper, laminated together with glass fiber reinforcement and overcoated with black polyethylene on each side. 2.05 BONDING AND REPAIR MATERIALS: A. Bonding Agent: Polyvinyl acetate or acrylic base. 1. Provide Polyvinyl Acetate (interior only) as manufactured by one of the following: a. Euco- Weld; The Euclid Chemical Co. b. Weld-Crete; Larssen Products Corp. 2. Provide Acrylic or Styrene Butadiene as manufactured by one of the following: a. SBR Latex or Flex-Con; The Euclid Chemical Co. b. Daraweld C; W. R. Grace c. Sonocrete; Sonnebom-Chemrex l'.MI.lnh Nn 03-093 03300-9 City of La Porte Public Work's Metal Building CAST-IN-PLACE CONCRETE B. Epoxy Adhesive: ASTM C88l, two component material suitable for use. 1. Provide as manufactured by one of the following: a. Euco Epoxy No. 452MV or No. 620; The Euclid Chemical Co. b. Sikadure 32 Hi-Mod; Sika Chemical Corp. C. Polymer Patching Mortar: Free flowing, polymer modified cemen1itious mortar. 1. Provide for Horizontal Repairs as manufactured by one of the following: a. Euco Thin Coat, Concrete Coat; The Euclid Chemical Co. b. Sikatop 121 or 122; Sika Chemical Corp. 2. Provide for Vertical and Overhead Repairs as manufactured by one of the following: a. Verticoat; The Euclid Chemical Co. b. Sikatop 123; Sika Chemical Corp. D. Underlayment Compound: Free-flowing, self-leveling, pumpable cementitious base compound. 1. Provide as manufactured by one of the following: a. Flo- Top; The Euclid Chemical Co. 2. The compound shall exhibit the following properties: Compressive Strength (ASTM C 1 09) - 3600 PSI @ 7 days 5000 PSI @ 28 days 700 PSI @ 7 days 1000 PSI @ 28 days Bond Strength (ASTM C1042) E. Repair Topping: Self-leveling, polymer modified high strength topping. The topping shall exhibit the following properties: Chaplin Abrasion Test - 0.20 mm (0.0079") maximum @ 28 days (British Standard 8204) 1. Provide as manufactured by one of the following: eM! Job No. 03-093 03300-10 City ojLa Porte Public Work's Metal Building CAST -IN-PLACE CONCRETE a. Thin Top SL; The Euclid Chemical Co. 2.06 FLOOR FINISH MATERIALS: A. Non-Oxidizing Metallic Floor Hardener: The specified non-oxidizing metallic floor hardener shall be formulated, processed and packaged under stringent quality control at the manufacturer's owned and controlled factory. The hardener shall be a mixture of specially processed non-rusting aggregate, selected Portland cement and necessary plasticizing agents. Provide hardener as manufactured by one of the following: 1. Diamond-Plate; The Euclid Chemical Co. B. Aggregate for Non-Slip Finish: 1. Provide fused aluminum oxide grits, or crushed emery, as abrasive aggregate for non-slip finish, with emery aggregate containing not less than 40% aluminum oxide and not less than 25% ferric oxide. Use material that is factory-graded, packaged, rust-proof and non-glazing and is unaffected by freezing, moisture and cleaning materials. 2. Provide aluminum oxide abrasive grits as manufactured by one of the following: a. Non-Slip Aggregate; The Euclid Chemical Co. b. Griptex; L & M Construction Chemicals. c. A-H Alox; Anti-Hydro Waterproofing Co. d. Frictex; Sonnebom-Contech. e. Toxgrip; Toch Div.-Carboline. C. Epoxy Joint Filler: 1. The epoxy joint filler shall be a two (2) component, 100% solids compound, with a minimum shore D hardness of 50. 2. Provide joint filler as manufactured by one of the following: a. Euco 700; The Euclid Chemical Co. b. Sikadur 51 SL; Sika Chemical Corp. CMI Job No. 03-093 03300-11 City of La Porte Public Work's Metal Building CAST-IN-PLACE CONCRETE 2.07 CONCRETE CURING MATERIALS: A. Moisture-Retaining Cover: Provide one of the following, complying with ASTM C171: 1. Waterproof paper. 2. Polyethylene film. 3. White burlap-polyethylene sheet. B. Sealer/Dustproofer (VOC Compliant): 1. The compound shall be a water-based acrylic sealer and shall not yellow under ultra violet light after 500 hours of test in accordance with ASTM C4587. 2. Provide as manufactured by one of the following: a. Floor Seal VOX; The Euclid Chemical Co. C. Curing and Sealing Compound: 1. The compound shall be a clear styrene acrylate type, 30% solids content minimum, and have test data from an independent testing laboratory indicating a maximum moisture loss of 0.030 grams per sq. em. when applied at a coverage rate of 300 sq. ft. per gallon. Manufacturer's certification required. Sodium silicate compounds are not permitted. 2. Provide compound as manufactured by one of the following: a. Super Rez Seal; The Euclid Chemical Co. b. Masterkure 30; Master Builders OR C. Clear Curing and Sealing Compound (VOC compliant): 1. The compound shall have 30% solids content minimum, and will not yellow under ultra violet light after 500 hours of test in accordance with ASTM C4587 and will have test data from an independent testing laboratory indicating a maximum moisture loss of 0.039 grams per sq. cm. when applied at a coverage rate of 300 sq.ft. per gallon. 2. Provide compound as manufactured by one of the following: CMI Job No. 03-093 03300-12 City of La Porte Public Work's Metal Building CAST-IN-PLACE CONCRETE a. Super Diamond Clear VOX; The Euclid Chemical Co. 2.08 NON-SHRINK GROUT: A. The non-shrink grout shall be a factory pre-mixed grout and shall conform to ASTM Cll07, "Standard Specification for Packaged Dry, Hydraulic-Cement Grout (Non- shrink)." In addition, the grout manufacturer shall furnish test data from an independent laboratory indicating that the grout when placed at a fluid consistency shall achieve 95% bearing under a 4' x 4' base plate. 1. Provide as manufactured by one of the following: a. Euco NS; The Euclid Chemical Co. b. Masterflow 713; Master Builders B. Where high fluidity and/or increased placing time is required use high flow grout. In addition, the grout manufacturer shall furnish test data from an independent laboratory indicating that the grout when placed at a fluid consistency shall achieve 95% bearing under an 18" x 36" base plate. 1. Provide as manufactured by one of the following: a. Euco Hi-Flow Grout; The Euclid Chemical Co. b. Masterflow 928; Master Builders 2.09 PRE-CONCRETE CONFERENCE: A. At least 35 days prior to start of the concrete construction schedule, the Contractor shall conduct a meeting to review the proposed mix designs and to discuss the required methods and procedures to achieve the required concrete construction. CMI Job No. 03-093 03300-13 City of La Porte Public Work's Metal Building CAST-IN-PLACE CONCRETE B. The Contractor shall require responsible representatives of every party who is concerned with the concrete work to attend the conference, including but not limited to the following: 1. Contractor's superintendent. 2. Laboratory responsible for the concrete design mix. 3. Laboratory responsible for field quality control. 4. Concrete subcontractor. 5. Ready-mix concrete producer. 6. Admixture manufacturer(s). 7. Concrete pumping contractor. C. Minutes of the meeting shall be recorded, typed and printed by the contractor and distributed by him to all parties concerned within 5 days of the meeting. One copy of the minutes shall also be transmitted to the following for information purposes: 1. Owner's representative. 2. Resident Engineer. 3. Consultant Engineer. D. The minutes shall include a statement by the admixture manufacturer(s) indicating that the proposed mix design and placing techniques can produce the concrete quality required by these specifications. E. The Consultant Engineer will be present at the conference. The Contractor shall notify the Consultant Engineer at least 10 days prior to the scheduled date of the conference. rMl.loh No. 03-093 03300-14 City oILa Porte Public Work's Metal Building CAST-IN-PLACE CONCRETE PART 3 - EXECUTION 3.01 CONCRETE MIXING: A. General: Concrete shall be mixed at batch plants, complying with the requirements of ACI 304, with sufficient capacity to produce concrete of the qualities specified in quantities required to meet the construction schedule. All plant facilities are subject to independent testing laboratory inspection and acceptance of the Architect. B. Ready-Mix Concrete: 1. Comply with the requirements of ASTM C94, and as herein specified, provided the quantity and rate of delivery will permit unrestricted progress of the work in accordance with the placement schedule. During hot weather, or under conditions contributing to rapid setting of concrete, a shorter mixing time than specified in ASTM C94 may be required, as specified below. Proposed changes in mixing procedures, other than herein specified, must be accepted by the Architect before implementation. 2. Plant Equipment and Facilities: Conform to National Ready-Mix Concrete Association "Checklist for Certification of Ready-Mix Concrete Production Facilities. " 3. Modifications to ASTM C94 are as follows: a. Quality of Concrete: Provide concrete materials, proportions, and properties as herein specified, in lieu of ASTM Section 4. b. Tolerances in Slump: Provide slump of not more than the values as herein specified in lieu of ASTM Section 6.1. Comply with other criteria of ASTM Section 6. c. Mixing and Delivery: Delete the references for allowing additional water to be added to the batch for material with insufficient slump. Addition of water to the batch will not be permitted as specified in ASTM Section 11.7. In addition to the requirements of ASTM Section 11.7, when the air temperature is between 85 degrees F. (29.4 degrees C.) and 90 degrees F. (32.2 degrees C.), reduce the mixing and delivery time to 60 minutes. When a truck mixer is used for the complete mixing of the concrete, begin the mixing operation within 30 minutes after the cement has been intermingled with the aggregates. d. Certification: Furnish delivery tickets with each load of concrete delivered to the site. In addition to the requirements of ASTM Section 16.1 provide the following information on delivery tickets: eM! Job No. 03-093 03300-15 City o/La Porte Public Work's Metal Building CAST-IN-PLACE CONCRETE (1) Type and brand of cement. (2) Cement content per cu. yd., of concrete. (3) Maximum size of aggregate. (4) Total water content expressed as water/cement ratio. e. Strength: Delete ASTM Section 17; comply with concrete testing requirements as herein specified. 4. Maintain equipment in proper operating condition, with drums cleaned before charging each batch. Schedule rates of delivery in order to prevent delay of placing the concrete after mixing, or holding dry-mixed materials too long in the mixer before the addition of water and admixtures. 3.02 INSPECTION: Examine substrates and adjoining construction, and conditions under which work is to be installed. Do not proceed with the work until unsatisfactory conditions detrimental to the proper and timely completion of the work have been corrected. 3.03 PREPARATION: A. General: 1. Thoroughly wet wood forms immediately before placing concrete, as required where form coatings are not used. 2. Soil at bottom of foundation systems are subject to testing for soil bearing value by the testing laboratory, as directed by the Architect. Place concrete immediately after approval of foundation excavations. 3. Coordinate the installation of joint materials and moisture barriers with placement of forms and reinforcing steel. B. Vapor Barrier: Provide 2 layers of specified material, lapping joints 6 in. (0.15 m) minimum. Seal joints using manufacturer's recommended tape. Stagger laps of each layer. Note area to receive 3 in. of approved damp compactible fill before placing new concrete. 3.04 CONCRETE PLACEMENT: A. General: Place concrete in compliance with the practice and recommendations of ACI 304, and as herein specified. eMf Job No. 03-093 03300-1ti City of La Porte Public Work's Metal Building CAST -IN-PLACE CONCRETE 1. Deposit concrete continuously or in layers of such thickness that no concrete will be placed on concrete which has hardened sufficiently to cause the fonnation of seams or plane of weakness within the section. Ifa section cannot be placed continuously, provide construction joints as herein specified. Deposit concrete as nearly as practicable to its final location to avoid segregation due to rehandling or flowing. Do not subject concrete to any procedure which will cause segregation. 2. Screed concrete which is to receive other construction to the proper level to avoid excessive skimming or grouting. 3; Do not use concrete which becomes non-plastic and unworkable, or does not meet the required quality control limits, or which has been contaminated by foreign materials. Do not use retempered concrete. Remove rejected concrete from the project site and dispose of in an acceptable location. 4. Redosage: Redosage with the specified high-range water-reducing admixture (superplasticizer) may be done with the prior approval of the Structural Engineer regarding dosage and time periods. B. Placement Schedule: Place concrete in confonnance with the placement schedule to ensure an even distribution of loads throughout the entire structure. C. Concrete Conveying: 1. Handle concrete from the point of delivery to transfer the concrete by conveying equipment to the locations of fmal deposit as rapidly as practicable by methods which will prevent segregation and loss of concrete mix materials. Comply with ASTM C94. 2. Provide mechanical equipment for conveying concrete to ensure a continuous flow of concrete at the delivery end. Provide runways for wheeled concrete conveying equipment from the concrete delivery point to the locations of final deposit. Keep interior surfaces of conveying equipment, including chutes, free of hardened concrete, debris, water, snow, ice and other deleterious materials. CMI Job No. 03-093 03300-17 City of La Porte Public Work's Metal Building CAST -IN-PLACE CONCRETE D. Placing Concrete into Forms: 1. Deposit concrete in forms in horizontal layers not deeper than 24 in. (0.61 m) and in a manner to avoid inclined construction joints. Where placement consists of several layers, place each layer while preceding layer is still plastic to avoid cold joints. 2. Deposit concrete as nearly as practicable to its final location to avoid segregation due to rehandling or flowing. 3. Remove temporary spreaders in forms when concrete placing has reached the elevation of such spreaders. 4. Do not use vibrators to transport concrete inside forms. Insert and withdraw vibrators vertically at uniformly spaced locations not farther than the visible effectiveness of the machine. Place vibrators to rapidly penetrate the layer of concrete and at least 6 in (0.15 m) into the preceding layer, except do not insert vibrators into lower layers of concrete that have begun to set. At each insertion, limit the duration of vibration to the time necessary to consolidate the concrete and complete embedment of reinforcement and other embedded items without causing segregation of the mix. 5. Do not place concrete in supporting elements until the concrete previously placed in columns and walls is no longer plastic. 6. All foundation footings shall be poured monolithic, unless approved by the Architect. E. Consolidation: 1. Comply with the requirements of ACI 309. Immediately after placing, compact each layer of concrete by internal concrete vibrators supplemented by hand- spading, rodding or tamping. Do not use vibrators to transport concrete inside forms. Maintain internal vibrators during all phases of operation at a frequency of not less than 8,000 vibrations per minute. Vibration of reinforcing will not be permitted. Form vibration may be used if the equipment and procedure is approved by the Architect. 2. Limit duration of vibration to the time necessary to produce satisfactory consolidation without causing segregation of aggregates. eMf Job No. 03-093 01-:;00-1 R City of La Porte Public Work's Metal Building CAST-IN-PLACECONCRETE 3. Spacing between insertions of that vibrator to be used to consolidate the mix shall not exceed twice the radius of action as shown in table 5.1.5 of ACI 309. Under no circumstances shall the points of insertion during the consolidation phase be more than 18 in. (0.46 m) apart. F. Placing Concrete Slabs: 1. Deposit and consolidate the concrete slabs in a continuous operation, within the limits of construction joints, until the placing of a panel or section is completed. 2. Consolidate concrete during placing operations using mechanical vibrating equipment, so that concrete is thoroughly worked around reinforcement and other embedded items and into corners. 3. Bring slab surfaces to the correct level with a straightedge and strike off. Use highway straightedge, bull floats or darbies to smooth the surface, leaving it free of humps or hollows. Do not sprinkle water on the plastic surface. Do not disturb the slab surfaces prior to beginning fInishing operations. G. Bonding: 1. Roughen surfaces of set concrete at all joints, except where bonding is obtained by the use of concrete bonding agent, and clean surfaces of laitance, coatings, loose particles, and foreign matter. Roughen surfaces in a manner to expose bonded aggregate uniformly and to not leave laitance, loose particles of aggregate, or damaged concrete at the surface. 2. Prepare for bonding of fresh concrete to new concrete that has set but is not fully cured, as follows: a. At joints between footings and walls or columns, and between walls or columns and beams or slabs they support, and elsewhere unless otherwise specifIed herein, dampen, but do not saturate, the roughened and cleaned surface of set concrete immediately before placing fresh concrete. b. At joints in exposed work, at vertical joints in walls, at joints in girders, beams, supported slabs and other structural members, and at joints designed to restrict water, apply to the roughened and cleaned surface of set concrete either the specifIed non-rewettable latex bonding agent or epoxy adhesive. (1) Apply latex bonding agent in accordance with printed instructions of manufacturer. CMI Job No. 03-093 03300-19 City o/La Porte Public Work's Metal Building CAST-IN-PLACE CONCRETE (2) Apply epoxy adhesive in strict accordance with the directions of the manufacturer. 3. Prepare for bonding of fresh concrete to fully-cured hardened concrete or existing concrete by using an epoxy-resin bonding agent as follows: a. Handle and store epoxy-resin adhesive binder in compliance with the manufacturer's printed instructions, including safety precautions. b. Mix the epoxy-resin adhesive binder in the proportions recommended by the manufacturer, carefully following directions for safety of personnel. c. Before depositing fresh concrete, thoroughly roughen and clean hardened concrete surfaces and coat with epoxy-resin grout not less than 1/16 in. (1.6 mm) thick. Place fresh concrete while the epoxy-resin material is still tacky, without removing the in-place grout coat, and as directed by the epoxy-resin manufacturer. H. Cold Weather Placing: 1. Protect concrete work from physical damage or reduced strength which could be caused by frost, freezing actions, or low temperatures, in compliance with the requirements of ACI 306 and as herein specified. 2. When the air temperature has fallen to or is expected to fall below 40 degrees F. (4.44 degrees C.), provide adequate means to maintain the temperature in the area where concrete is being placed at either 70 degrees F. (21.11 degrees C.) for 3 days or 50 degrees F. (10 degrees C.) for 5 days after placing. Provide temporary housings or coverings including tarpaulins or plastic film. Keep protections in place and intact at least 24 hours after artificial heat is discontinued. A void dryout of concrete due to overheating, and avoid thermal shock due to sudden cooling or heating. 3. When air temperature has fallen to or is expected to fall below 40 degrees F. (4.44 degrees C.), uniformly heat water and aggregates before mixing as required to obtain a concrete mixture temperature of not less than 50 degrees F. (10 degrees C.) and not more than 80 degrees F. (26.67 degrees C.) at point of placement. 4. Do not use frozen materials containing ice or snow. Do not place concrete on frozen sub grade or on subgrade containing frozen materials. Ascertain that forms, reinforcing steel, and adjacent concrete surfaces are entirely free of frost, snow and ice before placing concrete. CMf Job No. 03-093 03300-20 City of La Forte Public Work's Metal Building CAST-IN~LACECONCRETE 5. Only the specified non-corrosive non-chloride accelerator shall be used. Calcium chloride, thiocyanates or admixtures containing more than 0.05% chloride ions are not permitted. I. Hot Weather Placing: 1. In addition to the procedures below, comply with "Hot Weather Concreting", ACI305. 2. No concrete placement shall take place in conditions where the ambient outside air temperature exceeds 96 degrees F. (35.6 degrees C.) or wind velocity exceeds 6.2 mph (lOkmlh) unless additional precautions are taken to protect the concrete during mixing, placement, finishing, and curing as outlined here and/or as approved by the Architect. 3. When hot weather conditions require, the following precautions shall be taken: a. Dampen sub grade and forms. b. Dampen aggregates slightly if they are dry and absOlptive. c. Erect wind breaks to reduce the wind's velocity over concrete flat work. d. Erect sunshades or plan concrete placement on overcast days or in the latter part of the day to reduce the surface temperature of concrete work. e. Protect concrete with temporary wet coverings during any significant delay between placement and finishing concrete work. f. The total time between commencement of concrete placement and the start of concrete curing process shall be minimized. g. Exposed concrete surfaces shall be moistened by a light fog spray after the completion of the finishing operations. Before the start of curing operations no spraying may be used until after the final steel troweling or until the surface is uniformly hardened past the "thumbprint hard" stage, with no free water at the surface. h. Evaporation Retarder: When high temperatures, low humidity and dry winds create conditions suitable for plastic cracking, the evaporation retarder "Eucobar" by The Euclid Chemical Co. or "Confilm" by Master Builders may be required to be applied by spray one or more times during the finishing operation. CMI Job No. 03-093 03300-21 City oJ La Porte Public Work's Metal Building CAST -IN-PLACE CONCRETE 4. Materials used in making concrete under hot weather conditions shall be kept as cool as possible by shading or evaporative cooling. To lower the temperature of the concrete mix equal volumes of ice may be used to substitute for portions of the mixing water, as recommended by the ACI and approved by the Architect. 5. When hot weather conditions exist all concrete shall be placed within 45 minutes of the time of the beginning of mixing. 6. When hot weather conditions exist it may be found worthwhile to restrict concrete placement to late afternoon or evening to comply with Hot Weather Concreting requirements. 7. Wooden forms shall be sprayed with water while still in place and shall be loosened as soon as possible as not to damage the concrete and prevent curing water from flowing over the exposed surfaces. 8. When high temperatures and/or placing conditions dictate, the engineer may require the use of the water-reducing retarding admixture (Type D) in lieu of the water-reducing admixture (Type A). 3.05 JOINTS: A. Construction Joints: 1. Locate and install construction joints, which are not shown, so as not to impair strength and appearance of the structure, as acceptable to the Architect. Locate construction joints, if required but not shown, as follows: a. In walls, at not more than 60 ft. (18.3 m) in any horizontal direction; at top of footings; at top of slabs on ground; at top and bottom of door and window openings or as required to conform to architectural details as directed by the Architect; and at the underside of the deepest beam or girder framing into wall. b. In columns or piers, at the top of footing; at the top of slabs on ground; and at the underside of the deepest beam or girder framing into the column or pier. c. Slabs on ground shall be placed in a "strip cast" pattern with construction joints located on column centers. Maximum joint spacing shall be 36 times the slab thickness unless otherwise noted on the drawings. Conform to slab placement diagrams or pattern layout for placement, where shown. eM! Job No. 03-093 03300-22 City oJ La Yorte Public Work's Metal Building CAST-IN~LACECONCRETE 2. Provide keyways at least 1- 1/2 in. (38.1 rom) deep in construction joints in walls, slabs, and between walls and footings. 3. Place construction joints perpendicular to the main reinforcement. Continue reinforcement across construction joints. B. Waterstops: Provide waterstops in construction joints as shown. Install waterstops to form a continuous diaphragm in each joint. Make provisions to support and protect waterstops during the progress of the work. Fabricate field joints in waterstops in accordance with manufacturer's printed instructions. Protect waterstop material from damage where it protrudes from any joints. C. Isolation joints in Slabs on Ground: Provide isolation joints in slabs on ground at all points of contact between slabs on ground and vertical surfaces, such as column pedestals, and elsewhere as indicated. D. Contraction (Control) Joints in Slabs on Ground: 1. The maximum joint spacing shall be 36 times the slab thickness unless otherwise noted on the drawings. Reinforcement shall not extend across construction joints and the joint detail shall be as noted on the drawings. 2. The Soff-Cut saw shall be used immediately after final finishing and to a depth of 1 dJ " . A conventional saw shall be used as soon as possible without dislodging aggregate and to a depth of 1/4 slab thickness. 3.06 FINISH OF FORMED SURFACES: A. Rough Form Finish: 1. Provide as-cast rough form finish to formed concrete surfaces that are to be concealed in the finish work or by other construction, unless otherwise indicated. The concrete surface to be plastered shall be turned over to the plastering contractor cleaned of all dust, loose particles, parting and similar compounds and other foreign matter. Dressed (smooth) lumber, metal and plywood forms shall not be used. 2. Standard rough form finish shall be the concrete surface having the texture imparted by the form facing material used, with tie holes and defective areas repaired and patched and all fins and other projections exceeding 1/4 in. (6.35 rom) in height rubbed down or chipped off. B. Smooth Form Finish:e eMf Job No. 03-093 03300-23 City olLa Porte Public Work's Metal Building CAST-IN-PLACE CONCRETE 1. Provide as-cast smooth form fInish for formed concrete surfaces that are to be exposed-to-view, or that are to be covered with a coating material applied directly to the concrete, or a covering material bonded to the concrete such as waterproofIng, dampproofIng, painting, or other similar system. 2. Provide smooth form fInish by selecting form material to impart a smooth, hard, uniform texture and arranging the tie holes orderly and symmetrical with a minimum of seams. Repair and patch defective areas with all fins or other projections completely removed and smooth. C. Smooth Rubbed Finish: 1. Provide smooth rubbed finish to scheduled concrete surfaces which have received form finish treatment, not later than the day after form removal. 2. Moisten concrete surfaces and rub with carborundum brick or other abrasive until a uniform color and texture is produced. Do not apply cement grout other than that created by the rubbing process. D. Grout Cleaned Finish: 1. Provide grout cleaned finish to scheduled concrete surfaces which have received smooth form fmish treatment. 2. Combine one part Portland cement, 1.5 parts fine sand, the specified bonding admixture and water at a 50:50 ratio and mix to achieve the consistency of thick paint. Blend standard Portland cement and white Portland cement, amounts determined by trial patches, so that the final color of dry grout will closely match adjacent concrete surfaces. 3. Thoroughly wet the concrete surface and apply grout uniformly by brushing or spraying immediately to the wetted surfaces. Scrub with cork float or stone to coat surface and fill surface holes. Remove excess grout by scraping, followed by rubbing with clean burlap and remove any visible grout film. Keep grout damp during setting period by means of fog spray at least 36 hours after fInal rubbing. Complete any area in the same day it is started, with the limits of any area being natural breaks in the fInished surface. CM! Job No. 03-093 03300-24 City of La Porte Public Work's Metal Building CAST-IN-PLACE CONCRETE E. Related Unformed Surfaces: At tops of wall, horizontal offsets, and similar unformed surfaces occurring adjacent to formed surfaces, strike off smooth and finish with textured matching the adjacent formed surfaces. Continue the fmal surface treatment of formed surfaces uniformly across the adjacent unformed surface, unless otherwise shown. 3.07 MONOLITIDC SLAB FINISHES: A. Scratch Finish: 1. Apply scratch finish to monolithic slab surfaces that are to receive concrete floor topping or mortar setting beds for tile, Portland cement terrazzo, and other bonded applied cementitious finish flooring material, and as otherwise shown. 2. After placing slabs, plane the surface to achieve an FF15/Fd3 tolerance. Slope surfaces uniformly to drains where required. After leveling, roughen the surface before the fInal set with stiff brushes, brooms or rakes. B. Float Finish: 1. Apply float finish to monolithic slab surfaces that are to receive trowel finish and other finishes as hereinafter specified, and slab surfaces which are to be covered with membrane or elastic waterproofmg, membrane or elastic roofIng, or sand bed terrazzo, and as otherwise shown. 2. After placing concrete slabs, do not work the surface further until ready for floating. Begin floating when the surface water has disappeared or when the concrete has stiffened sufficiently to permit the operation of power-driven float, or both. Consolidate the surface with power-driven floats, or by hand-floating if area is small or inaccessible to power units. Check lOft. (3 m) when tested with a lOft. (3 m) straightedge placed on the surface at not less than 2 different angles. Cut down high spots and fill low spots. Uniformly slope surfaces to drains. Immediately after leveling, refloat the surface to a uniform, smooth, granular texture. Slab shall achieve an FF20/Fd 7 tolerance. C. Trowel Finish: 1. Apply trowel finish to monolithic slab surfaces that are to be exposed to view, unless otherwise shown, and slab surfaces that are to be covered with resilient flooring, paint, or other thin-film finish coating system. 2. After floating, begin the first trowel finish operation using a power-driven troweL Begin final troweling when the surface produces a ringing sound as the trowel is moved over the surface. CMI Job No. 03-093 03300-25 City of La Porte Public Work's Metal Building CAST-IN-PLACECONCRETE 3. Consolidate the concrete surface by the final hand troweling operation, free of trowel marks, uniform in texture and appearance and achieve a FF25/FL20 (FL17 for elevated slabs) tolerance. Grind smooth surface defects which would telegraph through applied floor covering system. D. Non-Slip Broom Finish: 1. Apply non-slip broom finish to exterior concrete platforms, steps, and ramps and elsewhere as shown. 2. Immediately after trowel finishing, slightly roughen the concrete surface by brooming in the direction perpendicular to the main traffic route. Use fiber- bristle broom unless otherwise directed. Coordinate the required final finish with the Architect before application. E. Non-Oxidizing Metallic Floor Hardener: 1. All slabs, in the loading dock area and other areas so noted on the plans, shall receive an application of the non-oxidizing, metallic floor hardener applied at the rate of 1.5 lbs.lsq.ft. The hardener shall be applied in strict accordance with the directions of the manufacturer. 2. Field service shall be provided, upon 5 days notice, by the manufacturer of the hardener to assist the Contractor in obtaining the maximum benefits of the product under the prevailing jobsite conditions. In addition, the representative shall attend the pre-installation conference with the Engineer and the Contractor not later than 10 days prior to the beginning of the installation of the hardener. The Contractor shall furnish an agenda to all attendees 10 days prior to the meeting. Detailed requirements for the hardener including the concrete mix design, equipment, placing and finishing techniques and curing methods shall be discussed and agreed upon. 3. Curing in accordance with sample panel. F. Non-Slip Aggregate Finish: 1. Apply non-slip aggregate finish to concrete stair treads, platforms, ramps, and elsewhere as shown. 2. After completion of float finishing, and before starting trowel finish, uniformly spread 25 lbs. (11.34 kg) of dampened non-slip aggregate per 100 sq. ft. (9.3 sq. m) of surface. CMf Job No. 03-093 03300-26 City of La Porte Public Work's Metal Building CAST-IN-PLACE CONCRETE Tamp aggregate flush with the surface using a steel trowel, but do not force the non-slip aggregate particles below the surface. After broadcasting and tamping, apply trowel finishing as herein specified. 3. After curing, lightly work the surface with a steel wire brush, or an abrasive stone, and water to expose the non-slip aggregate. F. Exposed Aggregate Slab Finish: 1. Apply exposed aggregate finish to slab, stairs, and other areas as shown on the drawings or in schedules. 2. Immediately following the first floating operation, apply special aggregate by broadcasting over the floor area and tamping to embed the aggregate. Apply the aggregate at the required rate to match the Architect's sample. 3. After the concrete has taken its initial set, expose the surface aggregates using a water fog-spray and fiber-bristle brooms to remove the surface matrix. Expose the coarse aggregate approximately 1/8 in. (3.2 mm) or more to match the Architect's sample, but not so deep as to displace the bond of the aggregate to the matrix. 4. The use of surface retarders may be permitted if application methods are accepted in writing by the Architect. 5. After the concrete has taken its final set, apply a weak acid wash to clean the exposed aggregate surfaces. Thoroughly neutralize and flush the acid wash from the finish surfaces. Protect all other adjacent construction and finishes from damage due to the acid wash; repair or replace damaged or defaced work as directed by the Architect. Curing procedures shall be as used on the approved sample. 3.08 CONCRETE CURING AND PROTECTION: A. General: 1. Protect freshly placed concrete from premature drying and excessive cold or hot temperature, and maintain without drying at a relatively constant temperature for the period of time necessary for hydration of the cement and proper hardening of the concrete. 2. Start initial curing as soon as free moisture has disappeared from the concrete surface after placing and finishing. Keep continuously moist for not less thane72 hours. CM! Job No. 03-093 03300-27 City of La Porte Public Work's Metal Building CAST-IN-PLACE CONCRETE 3. Begin final curing procedures immediately following initial curing and before the concrete has dried. Continue final curing for at least 7 days and in accordance with ACI 301 procedures. Avoid rapid drying at the end of the fmal curing period. 4. F or formed surfaces exposed to sun, maintain the forms wet. After form removal, continue final curing for at least 7 days or as recommended by ACI 301. B. Curing Methods: 1. Perform curing of concrete by moisture retaining cover curing, membrane curing, or by combinations thereof, as herein specified: For curing, use only water that is free of impurities which could etch or discolor exposed, natural concrete surfaces. 2. Provide moisture-cover curing as follows: Cover the concrete surfaces with the specified moisture-retaining cover for curing concrete, placed in the widest practicable width with sides and ends lapped at least 3 in. (76.2 mm) and sealed by waterproofmg tape or adhesive. Immediately repair any holes or tears during the curing period using cover material and waterproof tape. 3. Provide liquid membrane curing as follows: a. Apply the specified curing and sealing compound for all exposed interior slabs and troweled slabs receiving mastic applied adhesives or "shake-on" hardeners. Exterior slabs, sidewalks, curbs, and architectural concrete not receiving a penetrating sealer, shall be cured with the specified clear, non- yellowing curing and sealing compound. b. Do not use membrane curing compounds on surface which are to be covered with a coating material applied directly to the concrete or with a covering material bonded to the concrete, such as other concrete, liquid floor hardener, waterproofing, dampproofing, membrane roofing, flooring, painting, and other coatings and finish materials, unless otherwise acceptable to the Architect. CMf Job No. 03-093 03300-28 City of La Porte Public Work's Metal Building CAST -IN-PLACE CONCRETE C. Curing Unformed Surfaces: 1. Initially cure unformed surfaces, such as slabs, floor topping, and other flat surfaces by moist curing, or by use of the specified curing compound. 2. Final cure unformed surfaces, unless otherwise indicated, by any of the methods specified above, as applicable. D. Temperature of Concrete During Curing: 1. When the atmospheric temperature is 40 degrees F. (4.44 degrees C.) and below, maintain the concrete surface temperature between 50 and 70 degrees F. ( 10 and 21 degrees C.) continuously throughout the curing period. When necessary, make arrangements before concrete placing for heating, covering, insulation or housing as required to maintain the specified temperature and moisture conditions continuously for the concrete curing period. Provide cold weather protections complying with the requirements of ACI 306. 2. When the atmospheric temperature is 94 degrees F. (34.44 degrees C.) and above, or during other climatic conditions which will cause too rapid drying of the concrete, make arrangements before the start of concrete placing for the installation of wind breaks or shading, and for fog spraying, wet sprinkling, or moisture-retaining covering. Protect the concrete continuously for the concrete curing period. Provide hot weather protections complying with the requirements of ACI 305. 3. Maintain concrete temperature as uniformly as possible, and protect from rapid atmospheric temperature changes. A void temperature changes in concrete which exceed 5 degrees in anyone hour and 50 degrees in any 24-hour period. E. Protection from Mechanical Injury: During the curing period, protect concrete from damaging mechanical disturbances including load stresses, heavy shock, excessive vibration, and from damage caused by rain or flowing water. Protect finished concrete surfaces from damage by subsequent construction operations. 3.09 MISCELLANEOUS CONCRETE ITEMS: A. Steel Pan Stairs: Provide concrete fill for steel pan stair treads and landings and associated items. Cast-in safety inserts and accessories as shown. Screed, tamp, and finish concrete surfaces as scheduled. CMf Job No. 03-093 03300-29 City of La Porte Public Work's Metal Building CAST -IN-PLACE CONCRETE B. Filling-In: Fill-in holes and openings left in concrete structures for the passage of work by other trades, unless otherwise shown or directed, after the work of other trades is in place. Mix, place and cure concrete as herein specified, to blend with in-place construction. Provide all other miscellaneous concrete filling shown or required to complete the work. C. Curbs: Provide monolithic finish to interior curbs by stripping forms while concrete is still green and steel-troweling surfaces to a hard, dense finish with comers, intersections, and terminations slightly rounded. D. Equipment Bases and Foundations: Provide machine and equipment bases and foundations, as shown. Set anchor bolts for machines and equipment with a template at correct elevations, complying with certified diagrams or templates of the manufacturer furnishing the machines and equipment. E. Non-Shrink Grout: Use the specified non-shrink, non-metallic grout for all column base plates placed at a fluid consistency, shall achieve 95% bearing under a 4'axM'abase plate. The high flow grout shall be used for all equipment bases and base plates larger than 10 sq.ft. In addition, when high temperatures and/or placing conditions dictate, the Engineer may require the use of the high flow grout. 3.10 CONCRETE SURFACE REPAIRS: A. Patching Defective Areas: 1. Repair and patch defective areas with cement mortar immediately after removal of forms, but only when directed by the Architect. Use an approved epoxy- based mortar for structural repairs, where directed by Architect. 2. Cut out honeycomb, rock pockets, voids over 1/4 in. (6.35 mm) in any dimension, down to solid concrete but, in no case, to a depth of less than 1 in. (25.4 mm). Make edges of cuts perpendicular to the concrete surface. Before placing the cement mortar, thoroughly clean, dampen with water, and brush- coat the area to be patched with neat cement grout. The specified polymer patching mortar may be used when acceptable to the Architect. 3. For exposed-to-view surfaces, blend white Portland cement to standard Portland cement so that, when dry, the patching mortar will match the color of the surrounding concrete. Provide test areas at inconspicuous location to verify mixture and color match before proceeding with the patching. Compact mortar in place and strike off slightly higher than the surrounding surface. CMf Job No. 03-093 03300-30 City of La Porte Public Work's Metal Building CAST-IN-PLACECONCRETE 4. Fill holes extending through concrete by means of plunger-type gun or other suitable device from the least exposed face, using a flush stop held at the exposed face to ensure complete filling. B. Repair of Formed Surfaces: 1. Repair exposed-to-view formed concrete surfaces, where possible, that contain defects which adversely affect the appearance of the finish. Remove and replace the concrete having defective surfaces if the defects cannot be repaired to the satisfaction of the Architect. Surface defects, as such, include color and texture irregularities, cracks, spalls, air bubbles, honeycomb, rock pockets; fins and other projections on the surface; and stains and other discolorations that cannot be removed by cleaning. 2. Flush out form tie holes, fill with dry pack mortar, or precast cement cone plugs secured in place with bonding agent. 3. Repair concealed formed concrete surfaces, where possible, that contain defects that adversely affect the durability of the concrete. If defects cannot be repaired, remove and replace the concrete having defective surfaces. Surface defects, as such, include cracks in excess of 0.01 in. (0.25 rom) wide, cracks of any width and other surface deficiencies which penetrate to the reinforcement or completely through non-reinforced sections, honeycomb, rock pockets, and spalls except minor breakage at comer. C. Repair of Unformed Surfaces: 1. Test unformed surfaces, such as monolithic slabs, for smoothness and to verify surface plane to the tolerances specified for each surface and finish. Correct low and high areas as herein specified. 2. Test unformed surfaces sloped to drain for trueness of slope, in addition to smoothness, using a template having the required slope. Correct high and low areas as herein specified. 3. Repair finished unformed surfaces that contain defects which adversely affect the durability of the concrete. Surface defects, as such, include crazing, cracks in excess of 0.01 in. (0.25 rom) wide or which penetrate to the reinforcement or completely through non-reinforced sections regardless of width, spalling, popouts, honeycomb, rock pockets, and other objectionable conditions. 4. Correct high areas in unformed surfaces by grinding, after the concrete has cured sufficiently so that repairs can be made without damage to adjacent areas. CM! Job No. 03-093 03300-31 City olLa Porte Public Work's Metal Building CAST-m~LACECONCRETE 5. Correct low areas in unformed surfaces during, or immediately after completion of surface finishing operations by cutting out the low area and replacing with fresh concrete. The specified underlayment or repair topping shall be used. 6. Repair defective areas, except random cracks and single holes not exceeding 1 in. (25.4 mm) diameter, by cutting out and replacing with fresh concrete. Remove defective areas to sound concrete with clean, square cuts, and expose reinforcing steel with at least 3/4 in. (19.05 mm) clearance all round. Dampen concrete surfaces in contact with patching concrete and brush with a neat cement grout coating, or use concrete bonding agent. Place patching concrete before grout takes its initial set. Mix patching concrete of the same materials to provide concrete of the same type or class as the original adjacent concrete. Place, compact and finish as required to blend with adjacent finished concrete. Cure in the same manner as adjacent concrete. 7. Repair isolated random cracks and single holes not over 1 in. (25.4 mm) in diameter by the dry-pack method. Groove the top of cracks, and cut out holes to sound concrete and clean off dust, dirt and loose particles. Dampen cleaned concrete surfaces and brush with a neat cement grout coating. Place dry-pack before the cement grout takes its initial set. Mix dry-pack, consisting of one part Portland cement to 2-1/2 parts fine aggregate passing a No. 16 mesh sieve, using only enough water as required for handling and placing. Compact concrete mixture in place and finish to match adjacent concrete. Keep patched areas continuously moist for not less than 72 hours. 8. All structural repairs shall be made with prior approval of the Engineer, as to method and procedure, using the specified epoxy adhesive and/or epoxy mortar. Where epoxy injection procedures must be used, an approved low viscosity epoxy made by the manufacturers previously specified shall be used. 9. Leveling of floors for subsequent finishes shall be achieved by use of the specified underlayment material. 10. All exposed floors shall be leveled, where required, with the specified self- leveling repair topping. 11. Repair methods not specified above may be used, subject to acceptance of Architect. D. Epoxy Joint Filler: All contraction or construction joints in areas receiving a metallic or mineral aggregate hardener shall be filled with the specified epoxy joint filler. The epoxy joint filler shall be mixed and installed in strict accordance with the directions of the manufacturer. The joints shall not be filled sooner than 90 days after slab placement. END OF SECTION CMf Job No. 03-093 03300-32 C:Uy OJ La Yorte Public Work's Metal Building STRUCTURAL STEEL SECTION 05120 STRUCTURAL STEEL PART 1- GENERAL 1.01 DESCRIPTION OF WORK: A. Structural steel required for this Work is indicated on the drawings and includes, but is not necessarily limited to, the following: 1. Beams, girders, bracings, elevator divider beams and weldments. 2. Columns, posts, struts and hangers. 3. Base plates, bearing plates and grillages. 4. Furnishing anchor bolts and wall plates. 5. Seat angles for concrete slabs. 6. Steel support brackets for concrete slabs. 7. Metal deck support members. 8. Shear connectors welded through metal deck to supporting structural steel. 9. Shop painting and field touch-up. 10. Bracing, guying and surveying of erected steel. 11. Protection of work of this Section. 12. Shop drawings and samples. B. Related work described elsewhere: 1. Testing Laboratory Services - Section 01410. 2. Steel decking, metal decking - Section 05310. 3. Setting embedded items in concrete - Section 03100. 4. Grouting under setting plates with non-shrink grout - Section 03300. 1.02 SUBMIrr ALS: A. Mill Test Reports: 1. Submit certified copies of mill test reports for all steel furnished. Include name and location of mills and shops and analysis of chemical and physical properties of all steel. Comply with all parts of ASTM's specified. 2. In addition to the normal information, all mill orders shall include ASTM Specifications description, marking, and invoicing requirements. The mill shall be instructed to include the following markings: mill order number, heat number, size, type and grade of material, and appropriate color coding. See Article 2.04 herein for color code. Such markings may be of any of the means permitted by ASTM A6. eMf Job No. 03-093 05120-1 City of La Porte Public Work's Metal Building STRUCTURAL STEEL B. Manufacturer's certification of filler metal for welding. C. Records: Maintain records of welding procedures, welders employed, date of qualification and identification symbol or mark. Certified copies of records shall be available to the Architect or Owner. D. When requested, furnish duplicate copies of order sheets and material and shipping bills. E. Testing by the Fabricator: 1. Results of all tests by the Fabricator shall be submitted to the Architect. 2. Testing laboratory retained by the Fabricator must meet with the approval of the Architect. F. Shop Drawings: 1. Submit detailed drawings showing grade of steel, identification marks of members, dimension, size, weight, orientation, camber, and location of each member, setting elevation for base plates and bearing plates, location types, sizes and extent of welds, welding sequences; identify and show all connections. 2. Submit erection drawings and index sheets at same time as shop details. The use of design drawings as erection drawings will not be allowed. 3. Show and identify as such any temporary members and connections which may be required for erection. 4. Submit for Engineer's approval structural calculations for building prepared by a registered professional engineer, for those connections not designed and detailed on structural drawings, and for connections being proposed as alternates to connections detailed on structural drawings. 5. Submit for review proposed erection procedure, including loads, details of erection equipment, and temporary bracing. 6. The details shall be prepared in such a way as to avoid having steel, connections, bracing, etc., interfere with architectural details. 7. Shop Paint: Submit manufacturer's literature and certification that shop paint meets performance standards specified herein. 1.03 CODES AND STANDARDS: A. Except as modified by requirements specified herein, and/or details on drawings, work included in this Section shall conform to applicable provisions of the following codes and standards: CMI Job No. 03-093 05120-2 City of La Porte Public Work's Metal Building STRUCTURAL STEEL 1. Structural steel work shall strictly conform to all applicable requirements of the STANDARD BUILDING CODE Building Code, 1994 edition. 2. The American Institute of Steel Construction Specification for Structural Steel Buildings Allowable Stress Design and Plastic Design, June 1, 1989. 3. The American Institute of Steel Construction Code of Standard Practice for Steel Buildings and Bridges adopted effective September 1, 1986. 4. The Research Council Specification for Structural Joints Using ASTM A325 or A490 Bolts. 5. The Research Council Specification for Structural Joints using ASTM A307 Unfinished Bolts. 6. The American Welding Society Structural Welding code, including all supplements, addenda, and Special Rulings applicable to building construction. 7. Steel Structures Painting Council, Volume 2 Systems and Specifications. 8. American Society of Testing Materials Specifications referred to for particular materials or tests specified herein. B. Where requirements indicated on the drawings or specified herein differ from the requirements of governmental authorities having jurisdiction, the one having more stringent requirements shall govern. C. All work of this Section shall conform to all applicable Federal, State and local laws and regulations. 1.04 FIELD MEASUREMENTS AND TEMPLATES: A. Contractor shall secure field measurements required for proper, adequate fabrication, and installation of work covered by this Section. Exact measurements are Contractor's responsibility. B. Furnish templates for exact location of items to be embedded in concrete and masonry, with setting instructions required for installation of embedded items. 1.05 PROVISION FOR OTHER WORK: A. General: Work under this Section includes required cutting, punching, drilling, tapping, welding for attachment of other work coming in contact with structural steel work where indicated, and/or required for proper subsequent installation of work of other trades, or where directions for same are given prior to or with approval of Shop Drawings. Include furnishing of templates for accurate location of items to be set under other Sections, and/or Contracts. eMf Job No. 03-093 05120-3 City of La Porte Public Work's Metal Building STRUCTURAL STEEL B. Holes in Structural Steel Members: Wherever noted on drawings or where directed, Contractor shall provide holes in structural steel members for support of other materials, for passage of pipes or for reasons necessary to construction. Structural steel members shall not have holes unless detailed or approved by Architect. Holes shall be reinforced as required by Architect. 1.06 STORAGE OF MATERIALS: Steel materials, either plain or fabricated, shall be stored above ground on platforms, pallets, skids, or other supports. Material shall be kept free from dirt, grease, and other foreign matter and shall be protected from corrosion. 1.07 QUALIFICATION OF WELDERS: Before assigning any welder to work covered by this Section of the Specifications, the Contractor shall provide the Engineer with the names of welders to be employed on the work, together with certification that each of these welders has passed qualification tests using procedures covered in the American Welding Society Standard B3.0, Part II. If required, by the Engineer, the Contractor shall submit identifying stenciled test coupons made by any operator whose workmanship is subject to question. The Contractor shall require any welder to retake the test when, in the opinion of the Engineer, the work of the welder creates a reasonable doubt as to the proficiency of the welder. Tests, when required, shall be conducted at no additional expense to the Owner. The Architect may require coupons to be cut from any location in any joint for testing. All sections of welds found defective shall be chipped or cut out to base metal and properly re-welded before proceeding with the work. Should any 2 coupons cut from the work of any welder show strengths, under tests, less than that of the base metal, it will be considered evidence of negligence or incompetence and such welder shall be permanently removed from the work. When coupons are removed from any part of a structure, the members cut shall be repaired, at no additional cost to the Owner, in a neat and workmanlike manner with joints of proper type to develop the full strength of the member and joints, with peening as necessary or directed to relieve residual stress. 1.08 TESTING AND INSPECTION: A. Testing and inspection of structural steel work not specified herein to be performed by the Fabricator will be performed by a testing agency retained and paid for by the Owner in accordance with requirements of the Building Code. Provide the Owner's testing agency with the following: 1. A complete set of approved shop and erection drawings. 2. Cutting lists, order sheets, material bills, shipping bills and mill test reports. 3. Information as to the shipment of material to the shop. 4. Representative sample pieces as requested by the testing agency. eMf Job No. 03-093 05120-4 City ojLa Porte Public Work's Metal Building STRUCTURAL STEEL 5. Full and ample means and assistance for testing all material. 6. Proper facilities, including scaffolding, temporary work platforms, etc., for inspection of the work in the shop and field. B. Each person installing connections shall be assigned an identifying symbol or mark and all shop and field connections shall be so identified so that the Owner's Inspector can refer to the person making the connection. C. Cost of Tests: Cost of tests shall be paid for by Owner, except that when additional tests are required due to failure of material. Costs of such additional tests shall be paid for by contract at no additional cost to the Project. Furnish free of charge any necessary materials, access to or handling of materials required to perform materials tests. D. Testing by Owner's Testing Agency shall include, but is not limited to, the following: 1. All high strength bolts shall be continuously visually inspected. At least 10 percent of high-strength bolted connections shall be tested at random for bolt tightness using procedure described in the AISC "Specification For Structural Joints Using ASTM A325 or A490 Bolts" by Research Council on Riveted and Bolted Joints. 2. All shop and field welded connections shall be continuously visually inspected. In addition field and shop testing using ultrasonic and/or magnetic particle method shall be done as specified in general notes on Structural Drawings. E. Ultrasonic Shop Welding Inspection: 1. Material in the locations designated on the structural drawings shall be tested at the shop for lamination by ultrasonic means prior to fabrication, in accordance with ASTM A435. 2. Detection of Laminations: Rejectable defects discovered by ultrasonic means are defined as follows: a. Using suitable calibrated ultrasonic equipment, flaw indications must result in 100 percent loss of back reflection over the entire area of the defect. The maximum permissible area of such flaw indication shall be 3 sq. in. (with a maximum permissible length of 4 inches). b. Should such flaws be detected, they may be repaired by welding, subject to the Engineer's approval. 3. The testing laboratory test reports shall include types and locations of all defects found during inspection, and the measures required and performed to correct such defects, statements of final approval of all welded shop connections, and other shop fabrication data and information pertinent to eMf Job No. 03-093 05120-5 City of La Porte Public Work's Metal Building STRUCTURAL STEEL the safe and proper welding of shop connections. F. Ultrasonic Field Test Procedures: 1. Ultrasonic testing shall be performed according to A WS D 1.1 by a specially trained, qualified technician, who shall operate the equipment, examine the welds and maintain a record of all welds examined, defects found and disposition of each defect. All defective welds shall be repaired and all costs including retesting of defective welds shall be borne by the Contractor. 2. The ultrasonic instrumentation shall be calibrated by the technician to evaluate the quality of the welds in accordance with A WS D 1.1. 3. When ultrasonic indications arising from the weld root can be interpreted as either a weld defect or the backing strip, the backing strip shall be removed at the expense of the Contractor and the weld retested. If no root defect is indicated on this retest and no significant amount of the base and weld metal has been removed, no further repair or welding will be required. If a defect is indicated, it shall be repaired and retested as specified. G. Testing by the Fabricator: 1. When mill reports identifying heat or melt numbers and analysis are not available, tension and bend tests of the materials may be required to be performed by the Contractor's Testing Laboratory. 2. Test specimens shall be taken by the Fabricator under the direction of the Owner's Testing Laboratory and shall be machined by the Contractor's Testing Laboratory to dimensions as required by the related applicable standard ASTM Specifications. PART 2 - PRODUCTS 2.01 GENERAL: All material shall be new and of the best commercial quality. All material shall meet the requirements of ultrasonic testing in accordance with Section 1.09E, for members required to be so tested on structural drawings. Stock items shall be made by manufacturers specializing in particular articles, subject to approval by Architect. 2.02 STRUCTURAL STEEL MATERIALS: A. Plates and Rolled Shapes: Refer to structural drawings for designation of types of steel. Steel shall conform to ASTM A572, Grade 50, unless shown otherwise on drawings to be of ASTM A36 type. CMf Job No. 03-093 05120-6 City of La Porte Public Work '$ Metal Building STRUCTURAL STEEL B. The steel for ASTM A6 Groups 4 and 5 rolled shapes to which a full penetration weld is made shall be supplied with Charpy V-Notch testing in accordance with ASTM A6, Supplementary Requirement S5. The impact test shall meet a minimum average value of 20 ft.-1bs. absorbed energy at +70 F and shall be conducted in accordance with ASTM A673 with the following exceptions: 1. The center longitudinal axis of the specimens shall be located as near as practical to midway between the inner flange surface and the center of the flange thickness at the intersection with the web mid-thickness. 2. Tests shall be conducted by the producer on material selected from a location representing the top of each ingot or part of an ingot used to produce the product represented by these tests. C. For plates exceeding 2 inch thick used for built-up members to which a full penetration weld is made, the steel shall be supplied with Charpy V -Notch testing in accordance with ASTM A6, Supplementary Requirement S5. The impact test shall be conducted by the producer in accordance with ASTM A673, Frequency P, and shall meet a minimum average value of 20 ft.-Ibs. absorbed energy at +70 F. D. Cold Formed Steel Pipe: ASTM A500 Grade B, Fy = 42 ksi. E. Cold Formed Steel Tubing: ASTM A500 Grade B, Fy = 46 ksi. F. Bolts and Nuts - General: Bolts and nuts shall be the American National coarse-thread series. G. Unfinished Bolts and Nuts, Anchors and Fastening: ASTM Standard A307. H. High-Strength Bolts and Nuts: Conform to Specifications for Structural Joints, using ASTM A325 or A490 Bolts. 1. Shear Stud Connectors: Conforming to A WS D 1.1 Shear Connectors (indicated as "SC" on the drawings) shall develop a design value of 11.5 KIPS per connector with a minimum safety factor of 1.67. Substitution with shear connectors having a design shear capacity other than given above will be acceptable, provided total horizontal shear capacity in a span of a beam or girder is unaltered. The arrangement and spacing of shear connectors shall be subject to the Engineer's approval. CMI Job No. 03-093 05120-7 City of La Porte Public Work's Metal Building STRUCTURAL STEEL J. Washers: Round washers, other than those in contact with high-strength bolt heads and nuts, shall conform to American Standard B 27.2, Type B. Beveled washers shall be square, smooth, and sloped so that contact surface of bolt head and nut are parallel. The diameter of hole of square-beveled washer shall be 1/16" greater than the bolt size for bolts larger than 1". Washers in contact with high-strength bolt heads and nuts shall be hardened washers in accordance with Specifications for Structural Joints using ASTM A325 or A490 bolts. Washers shall be installed on nut side of bolt for torquing as required. K. Filler Metal for Welding: Arc-welding electrodes shall conform to requirements of A WS D 1.1. Electrodes shall be as recommended by their manufacturers to suit the position or other conditions of actual use. 1. Shielded Metal Arc-Welding: Use E70 series. 2. Submerged Arc-Welding: Use F7 series. 2.03 MISCELLANEOUS ITEMS: A. Miscellaneous structural steel items and their related components, which are required to complete work of this Section, shall be furnished and installed in accordance with intent of drawings and specifications. Such items include, but are not limited to, built-in items, leveling plates, anchors, bearing plates, base plates, reinforcing angles, straps, brackets, hangers, etc. Built-in items shall be supplied in ample time for incorporation in work. B. Paint for Shop Coat Primer (and for field touch-up painting): Provide "10-99", made by Tnemec or approved equal, meeting the following criteria: 1. Abrasion - Method: Fed. Test Method Std. No. 141, method 619 s, CS-17 Wheel, 1,000 g. load Requirement: Not more than 190 mg. loss after 1,000 cycles. 2. Elongation - Method: ASTM D522-60 Conical Mandrel. Coating applied to sandblasted steel panels and cured 30 days at 77 F. Requirement: Passes 1/8" mandrel with no less than 35% elongation. 3. Light and Water Resistance - Method: ASTM D822-60 (Weatherometer). Requirement: No cracking, flaking, blistering or under film rusting in 5,000 hours. 4. Salt Spray (Fog) - Method: ASTM B117-73. Requirement: No blistering, cracking, softening or delamination of film. No rust creepage at scribe and no rusting at edges after 500 hours. 5. Applicable Standards - Meet performance requirements of Fed. Spec. TT-P-86D, Types I and II. CMI Job No. 03-093 05120-8 City of La Porte Public Work's Metal Building STRUCTURAL STEEL C. Coating for Milled Surfaces: Use magnofilms by Magnus Chemical Co., Varcroft 1711, Blue Lacquer, by Varcroft Paint Co., or M-2658, Blue Lacquer by U.S. Steel Corp. 2.04 COLOR CODING: Steel types shall be color coded in accordance with ASTM A6; all steel shall be coded as follows: Tvpe of Steel Color Code A-36 A-572, Grade 50 A-S88 White Green and Yellow Blue and Yellow 2.05 FABRICATION: A. General: Structural steel work shall conform with applicable requirements of herein referenced "Codes and Standards". Workmanship shall be best standard practice of trades and shall be performed by mechanics skilled in type of work required. Structural material shall be fabricated and assembled in the shop to the greatest extent possible. Shearing, flame cutting, and chipping shall be done carefully and accurately. Sole plates of beams and girders shall have full contact with the flanges. Stiffeners shall be fitted neatly between the flanges of girders, and, where tight fits are required to transmit bearing, the ends of stiffeners shall be milled or ground to secure an even bearing against the flanges. Splice plates and fillers under stiffeners shall fit within 1/8" of the flanges. Assembled pieces shall be taken apart, if necessary, for the removal of burrs and shavings produced by the reaming operation. Parts not completely bolted in the shop shall be secured by temporary bolts, insofar as practicable, to prevent damage in shipment and handling. All exposed members shall be straight, true, shall fit closely together, and be free from bends, twists or open joints. B. Mill column and compression truss members and bearing stiffeners to give full bearing over the cross section. Plane contact surfaces of grillages and bearing plates. It is not necessary to plane bottom surfaces of plates or grillages on grout beds. C. CONNECTIONS: 1. Most of the details of connections in main frame are shown on the drawings and design rules for certain details are given. Whether shown on drawings or not, the fabricator shall design all required connections to resist safely shear, axial load, and moment given on drawings or to satisfy design rules given on the drawings in accordance with the current CMIJobNo.03-093 05120-9 City of La Porte Public Work's Metal Building STRUCTURAL STEEL requirements of AISC specifications, including eccentricities. 2. Where moment connections are indicated on drawings, but moment values are not given, the connections shall be designed for full moment capacities of members. Connections of beams with no reaction or axial loads or design rules given on drawings shall be made to conform to AISC specifications for design, fabrication and erection of structural steel for buildings - Part 2. Composite beam reactions shall be modified in accordance with notes on structural drawings. 3. Connections for beams at columns will have symmetrical connections unless it can be shown by calculations that one sided or eccentric type connections will be adequate. 4. Single shear plate type connections, designed in accordance with latest AISC publications, may be permitted as an alternate at beam to beam connections resisting shear only. 5. All bolted connections shall be made with high-strength bolts, unless shown otherwise. Slip-critical connections will be required at lateraIload resisting moment and braced frames. Unfinished bolts shall not be used except where indicated. Surface of joints for welded or high-strength bolted connections shall comply with the cleanliness requirements of all joint surfaces and contact surfaces within slip-critical connections. 6. Unless otherwise shown on drawings, grade of connection material shall be same as that of connecting member, unless it can be shown by calculations that lower grade steel is adequate. 7. Where specific details are shown on drawings, the alternate details proposed by the fabricator, shall be approved only at the discretion of the Engineer. 8. Unless shown otherwise on drawings, the splices in columns or beams shall be made with full penetration welds to develop full capacity of member and their locations shall be subject to Engineer's approval. 9. Unless otherwise shown on drawings, welds in built-up members shall be continuous and shall be designed to transfer all stresses caused by forces on members framing into the built-up members. D. Holes: Holes shall be cut, drilled, or punched at right angles to the surface of the metal and shall not be made or enlarged by burning. Holes in base or bearing plate shall be drilled. Holes shall be provided in members to permit connecting the work of other trades. Holes shall be clean-cut without tom or ragged edges. Outside burrs resulting from drilling or reaming operations shall be removed with a tool making 1/16" bevel. E. Bolting, except high-strength bolting: Bolts shall be driven accurately into the holes without damaging the thread. Bolt heads shall be protected from damage during driving. Bolt heads and nuts shall rest squarely against the metal. Where bolts are to be used on beveled surfaces having slopes greater than 1 to 20 with a CMf Job No. 03-093 05120-10 City of La l'orte Public Work's Metal Building STRUCTURAL STEEL plane normal to the bolt axis, beveled washers shall be provided to give full bearing to the head or nut. Bolt threads shall be upset to prevent the nuts from backing off. F. UnfInished Bolts: UnfInished bolts shall be of the length that will extend entirely through but no more than 1/4" beyond the nuts. Bolt heads and nuts shall be drawn tight against the work with a suitable wrench not less than 15" long. Bolt heads shall be tapped with a hammer while the nut is being tightened. After having been fInally tightened, bolt threads shall be upset to prevent the nuts from backing off. G. High Strength Bolting: Assemble joints in accordance with "SpecifIcations for Assembly of Structural Joints Using High Strength Steel Bolts", as approved by Research Council on Riveted and Bolted Structural Joints of the Engineering Foundation. Tighten bolts with impact wrenches to a torque not less than recommended for size of bolt. Contact surfaces of joints shall be free of paint, lacquer or other friction reducing coatings. H. Welded Connections: 1. Do not begin structural welding until joint elements are bolted or tacked in intimate contact and adjusted to dimensions shown, with allowance for any weld shrinkage that is expected. Weld heavy sections and those having a high degree of restraint with low hydrogen type electrodes. No members are to be spliced without prior review. 2. Weld in accordance with A WS D 1.1. 3. Perform intermittent welding, continuous welding, and straightening of built-up sections to minimize internal stresses. Built-up sections assembled by welding shall be free of warpage. Each axis shall have true alignment. 4. Welds not specifIed shall be continuous fIllet welds. Use minimum fIllet in accordance with A WS. 5. Clean surfaces to be welded of paint, grease, loose scale, and foreign matter. Clean welds each time electrode is changed or a new pass started. Chip clean burned or flame cut edges before depositing welds. 6. Same electrode may be used with various thicknesses of plates, but change current used and number of passes made proportionately. 7. After being deposited, welds shall be brushed with wire brushes. Welds shall exhibit uniform section, smoothness of welded metal, feather edges without undercuts or overlays, and freedom from porosity and clinkers. Visual inspection at edges and ends of fIllets and butt joint welds shall indicate good fusion with penetration into base metal. CM! Job No. 03-093 05120-11 City of La Porte Public Work's Metal Building STRUCTURAL STEEL 8. During assembling and welding, hold component parts of built-up member with clamps or other means to keep parts straight and in close contact. Take precautions to minimize "lockup" stresses and distortion due to heat. Do not weld in a wind unless wind protection is in operation. Cut out and replace welds found defective. 9. The maximum space between pieces or members to be butt welded shall not exceed 1/4 in. (6.35 mm). Bevel pieces or members up to 3/8 in. (9.5 mm) thickness to form single or double "Vee" before being welded. Bevel pieces over 3/8 in. (9.5 mm) thickness to form a double "Vee" whenever possible. Lay and size fillet welds as shown. Measure only effective portion of fillet welds. Maximum space between pieces or member to be fillet welded shall not exceed 1/16 in. (1.6 mm). 10. For ASTM Group 4 and 5 rolled shapes and built-up shapes of material 2 inches or thicker to which full penetration welds are made, the following shall be done: a. Weld access holes shall conform to the requirements in Fig. C-J1.2 of the Commentary of the Specification for Structural Steel Buildings - Allowable Stress Design and Plastic Design of the AISC. b. Thermally cut free edges shall be free of gouges greater than 3/16 inch. Gouges greater than 3/16 inch deep and sharp notches shall be removed by grinding or repaired by welding. All reentrant comers shall be shaped to a smooth transition. The steel must be preheated to not less than 150 F prior to thermal cutting. c. All thermally cut surfaces, including beam copes and weld access holes shall be ground to bright metal and inspected by either magnetic particle or dye penetrant methods. d. The process consumables for all weld metal, tack welds, root pass and subsequent passes, deposited in a joint shall be compatible to assure notch tough composite weld metal. e. A preheat before welding equal to or greater than the following table must be used: Thickness. t Minimum Preheat Temperature t < 3/4" 3/4" ? t < 1-1/2" 1-1/2" ? t < 2" 2" ?t Ambient 750F 1500F 3500F f. Weld tabs and backing shall be removed and the surfaces ground smooth. CMl Job No. 03-093 05120-12 City oJ La rorte Public Work's Metal Building STRUCTURAL STEEL 11. Weld using stringer passes only (no weaving), and proper sequencing when welding into "z" (through thickness) direction of members. Slag thoroughly and wire brush each pass before proceeding to the next pass. Peening after slagging is recommended for all passes except root pass and last pass for full penetration groove welds, partial penetration groove welds and large fillet welds to eliminate cracking or rejection by U.T. PART 3 -EXECUTION 3.01 ERECTION: A. Responsibility: The Contractor shall accept full responsibility for the design, strength, safety, and adequacy of all temporary bracing and all methods of handling and erection and sequencing of erection of work of this Section. B. During construction, the erected structural steel with steel deck welded in place shall not proceed any further than 8 floors above completely poured concrete slab. The welding and bolting of lateral load resisting frame shall be completed 4 floors below the erected steel. The stability of the frame during erection is the Contractor's responsibility. Vertical and/or horizontal temporary bracing may be required to diaphragm lateral forces to the lateral force resisting structural elements. Any deviation from this recommended procedure is subject to review and approval. C. Temporary Erection Facilities: Provide all temporary braces, guys, connections, supports, flooring, planking, work platforms, scaffolding and other facilities necessary for the safe and proper erection of the work of this Section, and for the safe support and bracing of erection equipment. As erection progresses, the work shall be securely connected to safely resist all dead loads, wind loads, construction live loads, and erection forces. Temporary bracing shall be introduced wherever necessary to safely resist all loads to which the structure may be subjected, including loads of erection equipment and its operation. Such bracing shall be left in place as long as may be required until, as a minimum, after the permanent structure is capable of resisting all imposed loads. A licensed Professional Engineer paid by the Contractor shall design and supervise the use of each of the above temporary facilities, as well as the removal of temporary bracing. D. Set base plates and bearing plates level to correct elevations and support temporarily on steel wedges, shims, leveling devices, or as shown on drawings, until corresponding supported member has been positioned, plumbed and anchor-bolted. Installation of embedded base plates into the concrete is specified in Section 03100, Concrete Formwork. Do not do any grouting of column base CMI Job No. 03-093 05120-13 City of La Porte Public Work's Metal Building STRUCTURAL STEEL plates until beams, girders, trusses, etc., are permanently anchored to column. E. Unload, handle, and erect the work of this Section to avoid bend, twists or other distortions. Erect and install in accordance with the contract documents and the approved shop drawings and conforming to all specified tolerances. Erect plumb and true to the lines and levels of the contract drawings. F. Align, level and adjust all members accurately prior to final fastening. Bearing surfaces and surfaces that will be in permanent contact shall be cleaned prior to fmal assembly of members. G. Fasten compression member splices only after abutting surfaces have been brought completely into contact. Clean all bearing surfaces prior to fmal assembly of members. H. Oxygen cutting in the field shall be done only with prior written permission of the Architect. I. Bolted Field Connections: 1. Standard bolts shall be of a length that will extend not less than 1/4" beyond the nuts. Enter bolts into holes without damaging the threads. 2. Correct poor matching of holes by drilling the hole to the next larger size and using a corresponding larger size bolt. Obtain written approval of Architect before proceeding with corrective work. 3. For high-strength bolts, use specified pre-calibrated bolts or bolts with direct tension indicators or turn-of-nut method to insure proper tensioning of the bolt. Install bolts in accordance with manufacturer's instructions, engaging both the bolt and the nut and driven until the torque control groove of the bolt shears off, or until the indicator element crushes, or until the nut has been turned past the snug tight condition in accordance with AISC requirements for turn-of-nut method for tensioning bolts. Tensioning of group of bolts shall be done first to snug tight condition and subsequently in proper sequence to obtain required tension. J. Field Welding: 1. All welding operations and the welds shall conform to the applicable provisions of the A WS Code. 2. Each welder working on the project shall be assigned an identification symbol or mark. Each welder shall mark or stamp his identification symbol at each completed weldment. 3. Allow for weld shrinkage so that welded connected members will be accurately aligned and level after completion of the welding work. eMf Job No. 03-093 05120-14 City of La Porte Public Work's Metal Building STRUCTURAL STEEL K. Shear Connectors: Weld shear connectors to supports through decking units in accordance with manufacturer's instructions. Do not weld shear connectors through 2 layers (lapped ends) of decking units. Weld only on clean dry deck surfaces. Space and align shear connectors as shown on drawings. L. Erection Tolerances: Dimensional tolerances as stated by the AISC Code of Standard Practice Par. 6.4 and Frame tolerances as stated by AISC Code of Standard Practice Par. 7.11, shall be considered the minimum acceptable standard for structural framing members except that at elevator shafts, the cumulative tolerances of all columns and beams around the shafts shall not exceed one inch toward the shaft. On shop drawings submitted for approval for Architectural metal work, exposed structural framing members or framing members designed to receive exposed Architectural metal work, the Architect may indicate closer tolerances, which shall be acceptable and binding upon the Contractor. M. Survey: Make an accurate survey of actual column locations immediately upon the completion of every third tier of steel and promptly submit same to the Architect. Survey shall include tier below. Should column locations vary beyond the allowable tolerances, take necessary corrective measures and modify details or procedures as required and approved by the Architect. N. Corrective Work: Members or assemblages of work of this Section having fabrication errors, or which exceed permissible tolerances, or which have errors or deformations preventing proper assembly and fitting of parts, shall be reported immediately to Architect. Such members or assemblages shall be corrected, if permitted by Architect, or shall be replaced. Contractor shall submit drawings showing the errors and obtain approval prior to performing any corrective work. All costs, fees and charges for work performed by the Architect shall also be paid for by the Contractor. 3.02 FINISHING AND PAINTING: A. General: 1. All steel, painted and unpainted iron materials furnished under this Section shall be thoroughly cleaned of rust, scale, grease. 2. All structural steel not to receive galvanized coating or spray-on fireproofing, shall be given one shop coat of an approved rust inhibitive metal primer. This will be required generally at elevator separator beams, any supplementary steel required for stone and glass support and any architecturally exposed steel. Cleaning method for painted steel shall conform to SP-3-63 Power Tool Cleaning. After installation, damaged portions of shop coat shall be touched up in field with same primer. eMf Job No. 03-093 05120-15 City of La Porte Public Work's Metal Building STRUCTURAL STEEL 3. Paint shall be applied at the rate of 350 sq. ft.lgallon to give a dry film thickness of2.5 mils. 4. No material shall be loaded for shipment until shop coat is fully dry. 5. No painting shall be done in the field in wet or freezing weather unless material is protected from dampness or cold. Painting to be done with brushes, entire surface to be covered smoothly, thoroughly, with paint worked into all joints. 6. Work arriving at site which does not conform to item 1 to 4 above shall be cleaned and given an additional coat of paint before being erected, except finish work which will be exposed to view shall be returned to shop for recleaning and repainting. 7. All steel exposed to weather which is not galvanized must be coated with fiberglass for protection against rusting. B. Surfaces in Contact with Aluminum: Steel surfaces in contact with aluminum shall receive an additional coat of paint consisting of 2 Ibs. of aluminum paste pigment (ASTM Spec. D962-49 Type II, Class B) per gallon of varnish meeting Fed. Spec. TT-V-81bs., Type II or equivalent. C. Field Touch Up Painting: After erection, clean exposed surfaces of field connections, unpainted areas adjacent to field connections and damaged areas in shop coat to the same standards as required for the shop coat and paint with the same primer and to the same thickness as used in the shop coat. D. Galvanizing: 1. Fabricated ferrous metal work, where specifically shown on structural drawings, shall be galvanized by hot-dip process, conforming to ASTM AI23, ASTM A153 (Table 1), and ASTM A386 (Table 1) as applicable. Required hot-dip galvanizing shall be done after fabrication, in largest sections possible. Minimum weight of galvanized coating shall be 2 oz. per sq. ft. of surface. 2. Punched holes in material 3/4" thick or more which is to be galvanized shall be reamed by at least 1/16 inch of metal removed from the periphery of the hole after punching. 3. All edges of tightly contacting surfaces of assemblies which are to be galvanized after assembly shall be completely sealed by welding. A vent hole at least 3/8 inch in diameter shall be provided into the lapped area between the seal welds. The steel member shall be pre-heated to 300 F after acid pickling and before the zinc dip to remove hydrogen. 4. Welding flux residues must be removed by mechanical means (such as wire needle gun or sand blasting) before galvanizing. CMf Job No. 03-093 05120-16 City of La Porte Public Work's Metal Building STRUCTURAL STEEL 5. Free flow of cleaning solution and molten zinc shall be provided for in assemblies of hot-rolled shapes in accordance with recommendation of Section 10 of ASTM A385. 6. Some means other than paint must be used for marking material which is to be galvanized. 7. High strength steel (Fy = 50 ksi and larger) and items too large for available dip tanks shall be sprayed by approved methods, with molten zinc to coating thickness of .003" to .004". Weight of the zinc coating per sq. ft. of actual surface shall average not less than 2.0 oz., no individual specimen shall show less than 1.8 oz. 8. Welding to galvanized plates shall be avoided wherever possible. Where welding is required use 1/16" shim separator between plates to be welded, E7010 electrodes, and an intermittent weld using a 1/4" gap every 3 inches. 9. Shop galvanized metal work necessitating field soldering or welding which in any manner removed original galvanizing shall be restored by field cold galvanizing with "Ferraloy", "Tim Easy Fluid", "Galvaloy", or approved equal. Bolts, screws for attachment of galvanized items shall be galvanized, or of non-corrodible material. END OF SECTION CMf Job No. 03-093 05120-17 City of La Porte Public Work's Metal Building METAL DECKING SECTION 05300 METAL DECKING PART 1 - GENERAL 1.01 DESCRIPTION OF WORK.: A. Metal decking required for this work is indicated on the drawings and includes, but is not necessarily limited to, the following: 1. Metal decking, fluted type as shown on drawings. Metal decking, roof and well panels shall match profile and color of existing equipment sheds on site. 2. Flashing saddles, cover plates and closure members at all intersections. 3. Flashing and closure plates to prevent leakage of concrete around columns and other building construction which penetrate the deck. 4. Cutting and forming openings in deck as shown on the structural and/or architectural drawings, including reinforcing required to sustain the design load. 5. Cutting openings required in metal screeds around perimeter of the building for curtain wall connections. 6. Miscellaneous metal deck supports not shown or specified, but necessary for support of deck. 7. Touch up painting in the field of abraded and damaged surfaces and at welds using paint as specified herein. 8. Shoring when indicated on the drawings. B. Related Work Described Elsewhere: 1. Testing Laboratory Services - Section 01410. 2. Cast-in-place Concrete - Concrete Work, Section 03300. 3. Structural Steel- Section 05120. 1.02 SUBMITTALS: A. Submit shop drawings showing the following information: 1. Complete erection layouts showing pieces related to beams. 2. Marks, dimensions, gages and types of all pieces. 3. Method, size, and spacing of fastening metal deck and accessories. 4. Openings through metal deck shall be dimensioned as required. 5. Surface finishes. eMf Job No. 03-093 05300-1 City of La Porte Public Work'$ Metal Building METAL DECKING B. Submit structural calculations for design of metal deck, when gage is not shown on drawings, or when alternate deck type is proposed. C. Certifications: 1. Certified mill certificates for zinc coating shall be submitted by the Contractor. 1.03 REGULATIONS AND STANDARDS: A. Standard Specifications and Codes issued by professional organizations and governmental agencies are specified hereinafter by basic designations and only the latest editions and revisions thereto shall apply to the work of this Section. B. Applicable Standard Specifications and Codes: 1. Standard Building Code, 1994 edition. 2. "Specifications for the Design of Cold-Formed Steel Structural Members" issued by the American Iron and Steel Institute. 3. "Code for Welding in Building Construction" issued by the American Welding Society. 4. American Institute of Steel Construction "Specification for the Design, Fabrication and Erection of Structural Steel for Buildings". 5. American Institute of Steel Construction "Code of Standard Practice for Steel Buildings and Bridges". 6. American Society for Testing and Materials Specifications referred to for particular materials or tests specified herein. 7. All other agencies having jurisdiction. C. In case of any conflict between the referenced standards and these specifications, the one having more stringent requirements shall prevaiL D. Tests of Weight of Zinc Coating shall conform to ASTM 792. Test panels shall be not less than 2'-6" cut from fabricated deck units equivalent to those to be furnished. A sample of the zinc-coated accessories shall be tested by the same method. Contractor shall submit copies oftest reports. E. Coordination: Carry out the work of this Section in coordination and cooperation with contiguous work of other trades and/or subcontractor involved. F. Inspection in Mill, Shop and Field: The material to be furnished shall be subject to inspection and tests in the mill, shop and field by the Owner's inspectors, at no cost to the Contractor. However, inspection in the mill, shop or field will not relieve the Contractor of the responsibility to furnish satisfactory materials. eM! Job No. 03-093 05300-2 City of La Porte Public Work's Metal Building METAL DECKING 1.04 DELNERY, STORAGE AND HANDLING: A. Material shall be handled and stacked carefully in order to prevent deformation or damage. During unloading and hoisting, care shall be taken to prevent damage to ends and sides of individual units. B. Units stored prior to installation shall be protected and kept dry. Foreign materials on units shall be completely removed prior to erection. PART 2 - PRODUCTS 2.01 DECK MATERIALS: A. The metal decking, flashings, continuity plates, hanger tabs and accessories shall be formed from steel sheets conforming to ASTM A 792. The steel sheet shall have a metal protective coating of zinc conforming to ASTM AZ 55. 2.02 FABRICATION: A. Decking shall be fabricated in length to be continuous for 3 or more spans wherever possible, and to provide 2" minimum end bearing on the supporting members. B. Deck units shall be factory cut to the proper length. C. Each unit shall be labeled and marked indicating manufacturer, testing and inspection in agreement with the listing of Underwriters' Laboratories, or other approved nationally recognized testing laboratory. D. Metal deck flashing, edge forms and accessories shall be fabricated of sheet steel with a minimum thickness of 24 gage. 2.03 DESIGN AND FINISH: A. The AISI "Specification for the Design of Cold-Formed Steel Structural Members" shall govern the design of fluted floor and roof decking. CM! Job No. 03~093 05300-3 City oJLa Porte Public Work's Metal Building METAL DECKING PART 3 - EXECUTION 3.01 ERECTION: A. Erection of Metal Decking: 1. Decks shall be installed in accordance with the structural drawings and the approved shop drawings. Where a conflict exists between these two sets of drawings, the more stringent requirement governs. 2. Miscellaneous structural supports required for installation of decking, but not specifically shown such as column clips, shall be furnished and installed. 3. The metal units shall be placed in straight alignment for the entire length of run of the flutes and with closed registration of the flutes of one unit with those of adjacent units and with a minimum gap between the ends of abutting units. Side laps shall be properly engaged. B. Hanger tabs shall not be used for support of any equipment or material installed under this Section. C. Installation of deck shall follow closely the erection of concrete or structural steel support beams. Deck shall be erected by experienced erectors familiar with thin-gage metal deck. Precautions shall be taken during hoisting to prevent bending, buckling, or crimping of deck. Repair and/or replace damaged sections at no cost to Owner. D. Erector shall coordinate this work and cooperate with other trades. E. Field Cutting and Reinforcing: 1. All field cutting of metal decking shall be done by power shear, gas-torch or cold chisel to produce neatly formed openings without distorting the deck. 2. Openings shall not be cut in the metal deck unless shown on the approved shop drawings or unless written approval of the Architect thereto has been obtained. 3. Notching at columns, bevel cuts and other similar fabrication shall be done during erection. 4. All unframed deck openings larger than 4" shall be reinforced as per details on drawings. F. Stools, Screeds, Closures & Flashings: 1. Provide stools to support metal deck when design structural steel or concrete elevation does not meet bottom of deck. CM! Job No. 03-093 05300-4 City of La Porte Public Work's Metal Building METAL DECKING 2. Provide screed to retain structural concrete topping at all edges, i.e., at perimeter of building, shafts and stairs, and openings. 3.02 TOUCH-UP FIELD COATING: Feld cut edges of deck shall be touched-up immediately after cutting. Touch-up with specified coating. END OF SECTION CM! Job No. 03-093 05300-5 City of La Porte Public Work's Metal Building APPENDIX eMf JOB NO. 03-093 TABLE OF CONTENTS SUMMARY 1.0 INTRODUCTION......................................................................................... 1 1.1 Objectives........... .. . ........ . .. . ..... . ... .. .., .... ................. . .. . ... .. . . . ....... .... ..... 1 1.2 Scope of Work. . . . . . . . . . . . . . . . . . . . .. . .. . . . . . . . .. . . . . .. . .. . . . . .. . ........ . .. . . . . . . . .. . . . .. . . . . . .... 1 2.0 INVESTIGATION........................................................................................ 1 2.1 Field Exploration. . .. . .. . .. . ." .. . . . .. . .. . .. . . . .. ... . .. .. . .. . .. . .. .. . .. . . .. . .. ... . .. . . .. .. . . .. .... 1 2.2 Laboratory Tests. . ............... ... ...... ... .. . .. ...... ............. .,. ..... . '" ..... . . ... . ... . . 1 3.0 GENERAL SITE AND SUBSURFACE CONDITIONS...................................... ..... 2 4.0 WATER-LEVEL MEASUREMENTS................................................................ 2 5.0 CONCLUSIONS AND RECOMMENDATIONS................................................... 3 5.1 Expansive Clay....... ..... ....... .............. .............. ... ................................. 3 5.2 Underreamed Footings.......................................................................... 3 5.3 Post Tension Slab.. .............. ..................... ........ ................................... 4 5.4 Floor Slabs.. ...... .. .., ... .... ......... ...... ... ., ....... '" '" .. ... ...... ................ ..... .... 5 5.5 Construction Considerations Under Wet Condition........ ....... .... .... .... ..... ........... 7 5.6 Structural Fill and 5ubgrade Preparation................................................... .... 7 5.7 Site Drainage................................................................................... .... 8 5.8 Vegetation Control. . ...... .. . .. ." ... .... ... .. .......... ... .......... .. .. ... . ..... ... . '" .. ... . ... 8 6.0 BASIS FOR RECOMMENDATIONS................................................................ 8 7.0 INSPECTION DURING CONSTRUCTION........... ........ .............. .......... ....... ....... 9 8.0 A ITA CIlMENTS.. .. . . . .. . . . . .. . .. . . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. .. . . .. . . . . .. . .. . .. .. . . .. . .. .. .., 9 Plan of Borings........................................................ Plate No.1 Log of Borings B-1 and B-2......................................... Plate Nos. 2 and 3 Key to Soil Classification Terms and Symbols................... Plate No.4 LAIISIORATOft9IES, DooC. Claunch & Miller, Inc. QCL No.: 03G1146 December 12, 2003 Page 1 1.0 INTRODUCTION 1.1 Obiectives The project entails the Proposed Public Works Building for the City of LaPorte in LaPorte, Texas. A map of the project site with the approximate boring locations is shown on Plate No. 1. The objectives of this geotechnical engineering study are to: (a) Evaluate general soil and groundwater conditions at the site of the proposed project. (b) Perform Soil Mechanics laboratory tests on representative soil samples obtained from the subsurface. (c) Develop recommendations to guide, design and construct the foundations of the proposed project. 1.2 Scope of Work To evaluate the subsurface conditions, two (2) soil borings were made at the site. Penetrometer strength tests, water level readings and visual soil classifications were made during field operations. Geotechnical laboratory tests were performed on selected soil samples to determine the pertinent physical properties and strength of the soil to develop the foundation recommendations. 2.0 INVESTIGATION TECHNIQUES 2.1 Field Exploration The subsurface conditions at this site were explored by drilling and sampling of two-(2) soil borings on December 4,2003. The soil borings were drilled to a depth of 16 feet at the approximate locations shown on Plate No. 1. The locations of borings were selected based on the plan provided by the client. Samples were taken continuously to 16-feet depth and at 5-feet intervals thereafter. Undisturbed cohesive samples were obtained with a 2-inch thin-walled tube sampler in general accordance with ASTM Method D 1587. Non-cohesive samples if encountered were sampled using split spoon sampler in general accordance with ASTM Method D1586. Each sample was removed from the sampler in the field, examined and classified by an experienced technician. The shear strength of each cohesive sample was estimated using a hand penetrometer. 2.2 Laboratorv Tests In the laboratory each sample was inspected and classified by a qualified engineer. Laboratory tests were perfonned on selected soil samples to evaluate the physical properties and shear strength characteristics of the foundation soils. LABORATOIFlBIeS, INC. Claunch & Miller, Inc. QCLNo.: 03G1146 December 12, 2003 Page 3 5.0 CONCLUSIONS AND RECOMMENDATIONS The conclusions and recommendations contained in this report are based on conditions encountered in the borings made at this site, our field and laboratory test results of the soil samples, our past experience with geotechnical conditions similar to those at this site, and our engineering design analyses. In the event that any changes in the nature, design or location of the structure are made from those described, the conclusions and recommendations contained in this report shall not be considered valid until the changes are reviewed and the conclusions are verified in writing. 5.1 Expansive Clav The clay typical of this site is expansive and will undergo volume changes as the result of the increase or reduction of moisture during climatic changes. The Atterberg limit tests indicate that the clays encountered are of high plasticity, with Plasticity Indices (PI) in the order of 46 to 50 and would be described as having a high shrink/swell potential. It is our recommendations that the structure be supported on a foundation system comprised of drilled-and-under reamed footings or post-tension slab. The following options are available to support the proposed structure at this site. However, due to the expansive nature of the subsurface soils there is a potential for differential settlements. Hence we strongly recommend underreamed piers as the preferred type of foundation for this site. Shallow foundations if used, should require a uniform engineered fill of minimum 30 inches depth beneath the foundation slab. 5.2: Underreamed Piers The proposed structure can be supported on a foundation system comprised of underreamed piers bearing at a depth of lO-feet below existing grade. The footings may be sized for a net bearing pressure of 2,800 pounds per square foot for dead plus sustained live load. The bearing pressure contains a factor of safety of 2.5 and can be increased by 25 percent for total load conditions. Settlement of the footings at this site will primarily occur due to elastic deformation in the soil. Some time related volume changes can be anticipated due to recompression of the overconsolidated clay. A detailed settlement analysis was beyond the scope of this study. However, previous studies indicate that settlement should be less than one-inch provided that the footings are sized for the recommended bearing pressures and they are less than 85 inches in diameter. It is suggested that the potential differential settlement between any two columns be assumed as one-half inch. The cross section area of the reinforcing steel should not be less than 0.5 percent of the cross sectional area of the drilled pier shaft. The structural engineer should determine if additional reinforcing steel is required. During the drilling operation, groundwater was encountered at 11 feet depth below existing grade. Based on the groundwater level observation during our drilling operation, groundwater table may not interfere with the pier drilling however the depth of water table can vary during construction. If caving is experienced during pier drilling process the following measures may be considered to minimize caving failure: LABORATCRDlES, I~C. r- Claunch & Miller, Inc. QCLNo.: 03Gll46 December 12, 2003 Page 4 a) If caving is experienced at the bell portion of the piers, a smaller shaft-to-bell ratio of 2.0 to 2.5 or straight-sided shafts may be adapted. r. b) If caving is experienced along the shaft portion of the piers, steel casing or slurry method may be employed. c) The contractor should be prepared to pump the water out of the drilled piers and the concrete should be placed in a timely manner after drilling, to minimize the potential for caving of the calcareous clays. 5.3: Post Tension Slab As discussed earlier, due to the expansive nature of the subsurface soils there is a risk involved with regard to the potential differential settlements. Hence we strongly recommend underreamed piers as the preferred type of foundation for this site. Post tension slab foundations if used, should require a uniform engineered fill of minimum 30 inches depth beneath the foundation slab. A post tension slab can be utilized for supporting the proposed structure at this project. We recommend that the foundation be sized for the following design parameters: The bottom of the beam should be at least 24-inches below existing grade or IS-inches below compacted final grade. We recommend that the foundation be sized for the following design parameters: Allowable Bearing Capacity Dead Load Total (Dead + Live) : 1,250 psf : 1,600 psf Depth of Seasonal Moisture Change : 10 feet Slab Subgrade Coefficient Slab-on-Sand Bedding : 1.0 Slab-on-Polyethylene over Sand : 0.75 Edge Moisture Variation, em, feet Edge Lift Center Lift : 5.5 : 4.5 Differential Swell, Ym, inches Edge Lift Center Lift : 0.65 : 0.75 Effective Plasticity Index (PI) : 48 LABORATOR!ES, U\!lC. Claunch & Miller, Inc. QCLNo.: 0301146 December 12, 2003 Page 5 Thomthwaite Index (Im) : 20 Cation Exchange Activity (CEAc) :0.48 Cay Activity Ratio (Ac) : 0.56 Constant Suction Value (pF) : 3.2 Estimated Velocity of Moisture Flow (v) : 1.2 inch per month Potential Vertical Rise : 0.8 - 2.0 inch Grade beam proportioned in accordance with above bearing capacity values will have a factor of safety of 3.0 and 2.0 with respect to shearing failure for dead and total loading, respectively. Footing weight below final grade can be neglected in the detennination of design loading. Information was not available on whether fill will be used to raised site grade prior to grade construction. In the event fill is placed on the site, specifications should require a uniform thickness throughout the slab area and placement in accordance with our recommendations given in the "Structural Fill and Subgrade Preparation" section. Lack of proper consideration of these factors will result in additional stresses and inferior slab performance. A bedding layer of leveling sand, two-inches in thickness may be placed beneath the floor slab. A vapor barrier consisting of six-mil plastic sheeting should be placed over the sand cushion to prevent water migration through the concrete slab. The excavations for the grade beams should be clean and free of any loose materials prior to concrete placement. 5.4: Floor Slabs The following options are available as floor slab for the proposed structure at this site. a. Structural Slab Structural isolation is the only design approach that is virtually free of risk with regard to the active sub grade. Structural isolation involves structural support of the entire floor slab and any grade beams on a drilled pier foundation system. The floor slab is either cast on void forms or constructed of precast elements with a topping slab. A 6-in. void is maintained between the floor slab and the underlying soils. Drilled piers support the floor slab and grade beams. b. Slab on Compacted Select-Fill: As previously discussed, the clays at this site would be described as having a shrink/swell potential. Heaving may cause some distress to the lightly loaded floor slabs and thus it is recommended that some measures be taken to minimize the potential movements. Measures commonly employed in the Houston area consist of placement of a blanket of inactive fill beneath the floor slab and proper site preparation. LABORATORIES, m~c. (- Claunch & Miller, Inc. QCLNo.: 0301146 December 12,2003 Page 6 Placement of pavement adjacent to the structures is desirable because it will provide a barrier for movement of surface water beneath the building. Stabilization of the subsoils beneath the slab with hydrated lime will improve the effectiveness of the barrier. It is well known that heaving of expansive clays may take place without the presence of free water because capillary action or vapor pressure due to temperature gradients can cause an increase in moisture content of the subsoils beneath the floor slabs. Free water from rain, sprinkler system or leaking water faucet can contribute to moisture accumulation in the sub grade soils if positive drainage is not adequate at the project site. It should be noted that leaking utilities such as broken water lines or sewers can also be a direct source of free water to cause swelling. Because of the potential for variation of moisture content in the subsurface soil there is a certain level of risk involved in this type of foundation. We recommend that the concrete slab be placed on a minimum of thirty- (30) inches of non-active type select fill in order to minimize any possibility of vertical displacement. Construction on expansive soils, such as are typical of this site, involves some inherent risks. Only complete removal of the expansive clay below the depth of moisture change and replacement with inactive soil or structural suspension of the floor slab will prevent distress caused by the expansive clays. These extremes are rarely employed in this area and experience indicates that slabs supported on fill normally perform adequately. However, cutting and removing the expansive clays and replacing with select fill to the recommended fill thickness would be the recommended method to reduce the potential vertical rise to acceptable limits. It is our opinion that the risk of significant distress to the floor slab resulting from expansive clays will be low to moderate. However, it should be noted that some movements might occur due to long term moisture changes in the subsoils. There have been reports that some problems exist with the use of cardboard void forms. Those problems include total collapse of the cardboard cartons prior to the placement of the concrete and the creation of a channel for water to enter under the grade beams causing additional upward stress from expanding soils. Due to these possible problems, it is our opinion that the use of void forms should be at the discretion of the designing engineer. If void forms are used then 6-inch void forms may be placed beneath the lightly loaded grade beams spanning between the under reamed footings to minimize the potential for heaving soil to cause distress to the beams. Cardboard forms are available locally for this purpose. It is recommended that the sub grade and fill be prepared as follows: (1) The site should be stripped of topsoil and miscellaneous fill materials. The sub grade should be proof rolled to evidence any soft spots that should be excavated to firm soil. ,- (2) The sub grade should be scarified to a depth of 6 inches and moisture conditioned to above optimum. The soil should be compacted to a minimum of 95 percent of the maximum dry density as determined by the Standard Proctor Density Test (ASTM D698-91). (3) Select fill used to elevate the grade should be composed of clean sandy clay with a liquid limit less than 40 and a plasticity index (pn between 7 and 20. (4) The fill should be placed in 8-inch loose lifts and compacted to a minimum of 95 percent of the maximum dry density as determined by the Standard Proctor Density Test (ASTM D698-91). The moisture content should be within -1 to +3% of optimum. LABORATORIES, gNC. Claunch & Miller, hie. QCL No.: 03Gl146 December 12, 2003 Page 7 A bedding layer of leveling sand, two-inches in thickness, may be placed beneath the floor slab. A vapor barrier consisting of six-mil plastic sheeting should be placed over the sand cushion to prevent water migration through the concrete slab. The excavations for the grade beams should be clean and free of any loose materials prior to the concrete placement. 5.5 Construction Considerations Under Wet Condition: Considering the variability of soil conditions between the boring locations, our experience indicates that soil conditions at this site may vary between the borings from sandy silty clays to clayey sands and silty sands with low-plasticity to non-plastic. During wet weather conditions these soils have a tendency to get saturated and trap water in their pore spaces due to increase in moisture content above their plastic limit. This results in difficult ground conditions for construction . traffic and pumping action during compaction thus affecting the overall construction schedule and associated costs. Such type of ground conditions may require special approaches to mitigate the soil conditions and aid rapid construction. They include using drying agents such as fly ash and or using appropriate chemical stabilization methods. Removal of unstable soils (1 to 2-feet) and chemically stabilizing to a depth of 8-inches with hydrated lime, lime-fly ash mixture or Portland cement may be required. The approach suitable for the site depends on the specific ground conditions and other environmental factors associated. The estimated over excavation or chemical stabilization depend upon the workability of the surface soils under a wet weather condition. m order to expedite construction other remedial measures like placement of a layer of coarse aggregate could be recommended after assessing the field conditions. If such conditions are encountered, QC Laboratories, me. should be contacted to evaluate the actual site conditions and provide necessary recommendations. 5.6: Structural Fill And Sub2r&de Preparation hi general, site preparation should consist of removing any existing foundations, paved areas, grass, tree roots, and stripping organic topsoils. The exposed subgrade should be proof-rolled to detect local weak areas that should be excavated, processed, and recompacted in loose lifts of approximately eight-inch thick. Trees located within or for a distance of lO-feet outside the building pad limits, should be removed. Tree stumps including the root bulb with roots of size half inch diameter and larger should be grubbed and removed. Grubb holes should be backfilled using select fill soils in layers as discussed below. LABORATORIES, QNC. Claunch & Miller, Inc. QCLNo.: 0301146 December 12, 2003 Page 8 r Additional select, structural fill beneath floor slabs and pavement should consist of sandy clay with liquid limit less than 40 and plasticity index (PI) between 7 and 20. This fill should be placed in loose lifts of approximately eight-inches in thickness and compacted to a minimum of 95% standard proctor density (ASTM D 698.91) at moisture content within -1 to +3% of optimum. 5.7: Site Draina2e It is recommended that site drainage be well developed. Surface water should be directed away from the foundation soils by using a minimum slope of 5% within 10 feet of foundation. No ponding of surface water should be allowed near the structure. 5.8: Ve2etation Control We recommend trees not to be planted closer than half the canopy diameter of mature trees from the grade beams, typically a minimum of 20 feet. This will minimize possible foundation settlement caused by the tree root systems. 6.0 BASIS FOR RECOMMENDATIONS The recommendations provided are based in part on project information provided to us and they only apply to the specific project and site discussed in this report. If the project information in this report contains incorrect information or if additional information is available, you should convey the correct and or additional information to us and retain us to review our recommendations. We can then modify our recommendation if they are inappropriate for the proposed project. Regardless of the thoroughness of a geotechnical exploration, there is always a possibility that conditions between borings will be different from those at specific boring locations and that conditions will not be as anticipated by the designers or contractors. In addition, the construction process may itself alter soil conditions. Therefore, experienced geotechnical personnel should observe and document the construction procedures used and the conditions encountered. Unanticipated conditions and inadequate procedures should be reported to the design team along with the timely recommendations to solve the problems created. !-.. We recommend that the owner retain QC Laboratories, Inc. to review the final design documents and plans to verify that the recommendation contained in this report have been interpreted as intended based upon our familiarity with the project and the subsurface conditions. We will be happy to discuss our recommendations with you and would welcome the opportunity to provide the additional studies or services necessary to complete this project. We look forward to serving as your geotechnical engineer and construction materials consultant on the remainder of this project and future projects. LABORATORIES, n~c. Claunch & Miller, Inc. QCL No.: 03G1146 December 12, 2003 Page 9 7.0 INSPECTION DURING CONSTRUCTION The recommendations are based on the subsoils data in the field exploration and laboratory testing. Due to the geological deposition of the Pleistocene soils in the Gulf Coastal area, variances may occur between boring locations. Therefore, the footing excavations should be inspected under the supervision of a geotechnical engineer to confirm that the bearing soils are similar to those encountered in our field exploration and that the footing areas have been properly prepared. The geotechnical engineer should be immediately notified should any subsoil conditions be uncovered that will alter the conclusions and recommendations contained in this report. Further investigation and supplemental recommendations may be required if such a condition is encountered. Prior to placement of concrete, the footings should be inspected to monitor that: (1) The footing bears in the proper bearing strata at the depth recommended in this report. (2) The footing shaft is to the proper dimensions and reinforced steel is placed as shown on the structural drawings. (3) The footings are concentric with the shaft and the shaft has been drilled plumb within specified tolerances. (4) Excessive cutting, build up of cuttings, and any other soft compressible materials have been removed from the bottom of the excavations. Samples of the subgrade soil and structural fill material should be obtained prior to the compaction operations for laboratory moisture/density testing (Proctor tests). The tests will then provide a basis for evaluating the in-place density requirements during compaction operations. A qualified soil technician should perform sufficient in-place density tests during the filling operations to verify that proper levels of compaction are being attained. Placement of the concrete should be accomplished as soon as possible for each excavated pier to reduce changes in the moisture content or the state of stress of the foundation soils. Concrete should not be placed in the piers without the prior approval of the Engineer. No completed pier excavation should be left open overnight without placing concrete. 8.0 A TIACHMENTS: The following illustrations are attached and complete this report: Plate Plan of Borings 1 Log of Borings B-1 and B-2 2&3 Symbols and Terms Used on Boring Logs 4 LABORATORIES, ONe. . .... ,,' r. . ..' ~... ..... '.M..:.. " ~ .', .:..~ ,_. :;. " :'M, ~. '.. I' " . ~ ""'" 11>>P. IlOI' .. 'v f i-I:. f -- \ ~ [ 1 B-1r. . ~ , ", :-. 8 r !I ir- .1 r I I 'IE I " j. 0_0_0 ~ J r l 'J I . ~-. . I . i ~ 'I . llIGI1lNE _ B ~ j ~ i. fIIUI'C ,.... >....... 1 ......,.- -~ - -.... m'f" _ . ._.."'....~_~ It u.NE,_ ..... ........:-,~_n~"'-~~~ _ _ ~--- , P~AN Of BORINC15 PROPO~t7 PUl3l1C WORKS l3UIU?ING fOR Clf( Of l-APORff l-APORrt, -rt:XA5 GCl No.:O?cAI146 DAre: 12-4-2005 ~ APrROXIi\t\A1t 5O1l.. BORINCi L.OCA110N NOHO 5CPU QC LABORATORIES, INC. P~Aff No. I QC f- W f- W lL W ...J Z' W lL g 0 :t ~ ::E t > > W <f) W 0 ...J W 0 5 " ~ ~ .- Cl :!) en ~ ..J 1 o o .., a. :!) <<i ;! 20 :!) z a: o '" u. o ~ LOG OF BORING NO. B-1 LABORATORIES, INC. Geotechnical & Materials Engineers DESCRIPTION SURFACE ELEVATION: Fill: dark gray and gray clay type with pea gravel and base materials. MEDIUM STIFF to STIFF dark gray, gray and tan CLAY (CH). - with sand pockets between 2' to 4'. - with ferrous nodules between 4' to 10'. PROJECT: Public Works Building LOCATION: LaPorte, Texas PROJECT NO.: 03G1146 DATE: 12-4-03 COMPLETION DEPTH: 16.0 FT. UNDRAINED SHEAR STRENGTH. w ... Cl TSF ...: a: ... X J: ~~ ... ...: w ~w w- o HAND PENETROMETER <f) S! ...: <f)> ::>8 (/) . :! 0 <f)w WW 5~ :i ~ <- ...J_ ...J 3: lL ::; Q.(/) <~ A TORVANE ~ t:l( ::Ew ::; > f-g ~!. ...J~ 0 0 f- z~ < z ~ <3 z'" ~O 5 w. t.!2 . UNCONANED COMPRESSION (/)::l ;:: 00 > ::>0 0 < <f) a:z (/)&:0 :; ...J a: ~ Q. < W . UNCONSOLIDATED-UNDRAINED c ...J Q. Z Q. TRIAXIAL 0.5 1.0 1.5 2.0 2.5 7 o 85 32 70 22 48 o 30 29 o 84 30 69 23 46 . STIFF to VERY STIFF reddish-brown and tan SANDY CLAY (CL) with calcareous & ferrous nodules and sand seams & 24 Pockets. 103 19 29 16 13 0 . 16 WATER OBSERVATIONS: 'Sl-: FREE WATER ENCOUNTERED AT 11.0 FT. DURING DRilLING. ~: WATER DEPTH AT 7.0 FT., Bottom @ 16 feet Plate No.2 QC LOG OF BORING NO. B-2 LABORATORIES, INC. Geotechnical & Materials Engineers PROJECT: Public Works Building LOCATION: LaPorte, Texas PROJECT NO.: 03G1146 DATE: 12-4-03 COMPLETION DEPTH: 16.0 FT. UNDRAINED SHEAR STRENGTH, w ~ Cl TSF ~ !i 0: ~ =>.,. .,. x ~w o HAND PENETROMETER w ~ ",S1 t-= w "'> 3~ '"" Ii; _ ...... 0 "'w w g w w 5!z ~ :E ~ ~iiJ Z '"" -' ~'"" ::i <~ A TORVANE 0 :r: DESCRIPTION ~ !::~ ::Ew ::i > !Z~ ~8. ~ ::E <i!!Z 0 0 ~ z~ t: >- < z t; Q '" 5 w. &~ . UNCONFINED COMPRESSION > w '" => 0:0 ~O w 0 >- j20 0 :S ~ -' 0: ::i l1. wZ A UNCONSOLIDATED-UNDRAINED w 0 < ..J l1. Z l1. TRIAXIAL SURFACE ELEVATION: 0.5 1.0 1.5 2.0 2.5 0 Fill: gray and tan sandy clay type with base materials. 6 5 ~ ~ b Cl CJi '" < ..J I is .., l1. Cl ~ 20 Cl Z a: g "- o 9 STIFF dark gray, gray and tan CLAY (CH). - with sand pockets between 2' to 4'. 80 33 72 22 50 - with ferrous nodules between 4' to 10'. 34 33 31 o STIFF reddish-brown and tan SANDY CLAY (Cl). - with sand pockets between 10' to 15'. 97 25 43 18 25 18 - with sand layer between 15' to 16'. 19 Bottom @ 16 feet WATER OBSERVATIONS: ~: FREE WATER ENCOUNTERED AT 11.0 FT. DURING DRILLING. ~: WATER DEPTH AT 7.0 FT., Plate No.3 SOIL CLASSIFICATION CHART MAJOR DIVISIONS COARSE GRAINED SOILS MORE THAN 50% OF MATERIAL IS LARGER THAN NO. 200 SIEVE SIZE FINE GRAINED SOILS MORE THAN 50% OF MATERIAL IS SMALLER THAN NO. 200 SIEVE SIZE GRAVEL AND GRAVELLY SOILS MORE THAN 50% OF COARSE FRACTION RETAINED ON NO. 4 SIEVE SAND AND SANDY SOILS MORE THAN 50% OF COARSE FRACTION PASSING ON NO. 4 SIEVE SILTS AND CLAYS SILTS AND CLAYS CLEAN GRAVELS (LITTLE OR NO FINES) GRAVELS WITH FINES (APPRECIABLE AMOUNT OF FINES) CLEAN SANDS SYMBOLS GRAPH LETTER ......... ........ ......... rmmmr " ... ... . .... ,', .... ,',', ':.::::~. .:.:: :::>:: ~..:.:: :::':.::::~ (LITTLE OR NO FINES) :i};':~:/{/':;:/:{/ ':':::::.~...>:::.:.:..'>: SANDS WITH FINES (APPRECIABLE AMOUNT OF FINES) LIQUID LIMIT LESS THAN 50 LIQUID LIMIT GREATER THAN 50 HIGHLY ORGANIC SOILS ',' . "",. ',',' ',.. ", -. ,",. :::' /: ~.~ {::":::~:: :}::<::' '; ',; ,', ::: ',;. . ::: ',; '::':',,:: ::"::'.~.: ":':":,::' . ;..'..:. ....:. L..! L.! L!: \ 'I ,\ I, \' '/ ,", ~ ,", ,\1, ,\' GW GP GM GC SW SP SM SC ML CL OL MH CH OH PT NOTE: DUAL SYMBOLS ARE USED TO INDICATE BORDERLINE SOIL CLASSIFICATIONS TYPICAL DESCRIPTIONS WELL-GRADED GRAVELS, GRAVEL- SAND MIXTURES, LITTLE OR NO FINES POORLY-GRADED GRAVELS, GRAVEL - SAND MIXTURES, LITTLE OR NO FINES SILTY GRAVELS, GRAVEL - SAND - SILT MIXTURES CLAYEY GRAVELS, GRAVEL - SAND- CLAY MIXTURES WELL-GRADED SANDS, GRAVELLY SANDS, LITTLE OR NO FINES POORLY -GRADED SANDS, GRAVELLY SAND, LITTLE OR NO FINES SILTY SANDS, SAND - SILT MIXTURES CLAYEY SANDS, SAND - CLAY MIXTURES INORGANIC SILTS AND VERY FINE SANDS, ROCK FLOUR, SILTY OR CLAYEY FINE SANDS OR CLAYEY SILTS WITH SLIGHT PLASTICITY INORGANIC CLAYS OF LOW TO MEDIUM PLASTICITY, GRAVELLY CLAYS, SANDY CLAYS, SILTY CLAYS, LEAN CLAYS ORGANIC SILTS AND ORGANIC SILTY CLAYS OF LOW PLASTICITY INORGANIC SILTS, MICACEOUS OR DIATOMACEOUS FINE SAND OR SILTY SOILS INORGANIC CLAYS OF HIGH PLASTICITY ORGANIC CLAYS OF MEDIUM TO HIGH PLASTICITY, ORGANIC SilTS PEAT, HUMUS, SWAMP SOILS WITH HIGH ORGANIC CONTENTS Plate No.4 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: April 12. 2004 Requested By: NM:k Finan I/:j-. Department: Planning: / Source of Funds: NtA Account Number: NtA Report: _Resolution: _Ordinance: l Amount Budgeted: Nt A Amount Requested: Exhibits: 1. Ordinance Budgeted Item: _YES ...x..flO SUMMARY & RECOMMENDATION Ordinance No. 2003-2657 was previously approved by Council on September 8, 2003 to vacate, abandon, and close a portion of the West "If' Street Right-of-Way between Blocks 861 & 868, Town of La Porte. The ordinance was previously passed and approved by Council to facilitate a land swap between the City of La Porte and PPG allowing the City to obtain additional right-of-way necessary for the future extension of Bay Area Boulevard from Fairmont Parkway to Spencer Hwy. Inadvertent errors were made in the metes and bounds description of the original Ordinance (2003-2657), therefore, a new Ordinance (2003-2657-A) has been drafted and submitted to Council with the necessary corrections. Recommendation: Staff recommends implementing Ordinance No. 2003-2657-A Action Required of Council: Consider approval of revised Ordinance No. 2003-2657-A. Appro d for City Council Agenda 1. 1.04 Date ORDINANCE NO. 2003-2657-A AN ORDINANCE VACATING, ABANDONING AND CLOSING THE HEREINAFTER DESCRIBED PORTION OF mE WEST "H" STREET RIGHT-OF-WAY, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; FINDING COMPLIANCE WITH mE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte has been requested by the record owner of Block 861 and Block 868, Town of La Porte, Harris County, Texas, to vacate, abandon, and permanently close the hereinafter described portion of the West "H' Street Right-of-Way, Town of La Porte, Harris County, Texas, Town of La Porte, Harris County, Texas; and WHEREAS, the City Council of the City of La Porte has determined and does hereby find, determine, and declare that the hereinafter described portion of the West "H' Street Right- of-Way, Town of La Porte, Harris County, Texas, is not suitable, needed, or beneficial to the public as a public road, street, or alley, and the closing of hereinafter described portion ofthe West "H' Street Right-of-Way, Town of La Porte, Harris County, Texas, is for the protection of the public and for the public interest and benefit, and that the hereinafter described portion of the West "H' Street Right-of-Way, Town of La Porte, Harris County, Texas, should be vacated, abandoned, and permanently closed. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Under and by virtue of the power granted to the City of La Porte under its home rule charter and Chapter 253, Section 253.001, Texas Local Government Code, the hereinafter described portion of the West "H' Street Right-of-Way, Town of La Porte, Harris County, Texas, is hereby permanently vacated, abandoned, and closed by the City of La Porte, to wit: A portion of the West "H" St. Right-of-Way lying within and situated between Block 861, Town of La Porte, Harris County, Texas and Block 868, Town of La Porte, Harris County, Texas, said portion of the West "H" Street Right-of-Way containing 19,280 square feet and being further described as follows: Ordinance No. 2003-2657-A 2 COMMENCING at the southwest corner of Block 861, Town of La Porte, Harris County, Texas, said point being the northeast corner of the intersection of West "H" Street and South 16th Street; THENCE, in an easterly direction along the north right-of-way line of West "H" Street, a distance of 10' to the POINT OF BEGINNING; THENCE, continuing in an easterly direction along the north right-of-way line of West "H" Street, a distance of 256' to a point for corner at the southeast corner of Block 861, Town of La Porte, Harris County, Texas, said point being located on the west right-of- way line of South 15th Street; THENCE, in a southerly direction along a line projected between the east line of Block 861 and the east line of Block 868, to a point for corner at the northeast corner of Block 868, Town of La Porte, Harris County, Texas, said point being located on the west right-of-way of South 15th Street; THENCE, in a westerly direction along the West "H" Street Right-of-Way and the north line of Block 868, a distance of 226' to point for corner, said point being located 40' east of the northwest corner of Block 868; THENCE, in a northwesterly direction, across the West "H" Street Right-of-Way, a distance of 85.44' to POINT OF BEGINNING. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place, and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered, and formally acted upon. The City Council further ratifies, approves, and confirms such written notice and the contents and posting thereof Section 3. so ordered. This ordinance shall be effective from and after its passage and approval, and it is Ordinance No. 2003-2657-A 3 PASSED AND APPROVED THIS ~ DAY OF ~./ , 2004. CITY OF LA PORTE ~- . orman L. Malone, Mayor ATTEST: ~#i141- artha Gillett, City Secretary /7 APPRO~ tv Q~ Knox W. Askins, City Attorney REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 4/12/04 Appropriation Requested By: Sherri Sampson ,~y~ Source of Funds: Department: Human Re~qurce~ Account Number: Report: Resolution: Ordinance: X Amount Budgeted: Exhibits: Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION Consider appointing Sherri Sampson as a Staff member of the City of La Porte Chapter 172 Board of Trustees. Consider removing Al Freeman as a Staff member of the City of La Porte Chapter 172 Board of Trustees, as Mr. Freeman is no longer employed with the City of La Porte. Action Required bv Council: Approved for City Council Ae:enda ~it;MaJ:; 1. r.O'/ Date ORDINANCE NO. 03-2663.A AN ORDINANCE APPOINTING MEMBERS TO THE CITY OF LA PORTE CHAPTER 172 BOARD OF TRUSTEES IN ACCORDANCE WITH SECTION 172 OF THE LOCAL GOVT CODE; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby appoints the following named persons, all of whom are residents of the City of La Porte, and no more than three of whom are elected city officials or city employees, to serve as members of the City of La Porte Chapter 172 Board of Trustees, for the term beginning on the effective date hereof. The two positions filled by private citizens shall expire on September 30th of the year indicated, or until their successors shall have been duly appointed and qualified. City of La Porte Staff serving in the City Staff positions shall serve as long as employed by City. Citizen Position 1 Patricia Rothemel 2005 Citizen Position 2 Kimberlv Meismer 2006 Finance Representative Michael Dolbv Human Resources Representative Sherri Sampson City Attorney John D. Armstronq Section 2. If any section, sentence, phrase, clause or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reasons, be held invalid, such invalidity shall not affect the remaining portions of this ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. Section 3. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of such conflict only. ORDINANCE NO. 03-2663-A PAGE 2 Section 4. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 5. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this I ~ <;/1hay of /fpr'/ I ,2004. CITY OF LA PORTE ~- Peter Griffit~ Mayor Pro T em ATTEST: , V}tA/lnU!JletAAu1 ~ Martha A. Gillett City Secretary Requested By: ( IL AGENDA ITEM Agenda Date Requested: A ril12 2004 Appropriation Stephen L Barr Department: Acc't Number: Report: _Resolution: X Ordinance: Amount Budgeted: N/A Exhibits: Amount Requested: N/A Exhibits: Bud eted Item: YES NO X Exhibits: SUMMARY & RECOMMENDATION The attached Joint Resolution authorizes staffs from the City of La Porte and the City of Pasadena to expand their investigation into: 1) the possibility of a joint venture youth baseball complex, and 2) a connecting arterial roadway between GenoalRed Bluff in Pasadena, and the proposed Canada Road in La Porte (please refer to the report submitted to Council titled "Report on Potential Joint Venture PasadenalLa Porte Sports Complex and Connecting Arterial Roadway", dated March 4,2004.). Staff recommends that the City Council consider approval of the Joint Resolution. Action Required bv Council: Consider approval of a joint resolution by the City Council of Pasadena and the City Council of La Porte, authorizing further investigation of a joint venture between the cities for a Youth Sports Complex and for a connecting north-south roadway between Genoa-Red Bluff Road in Pasadena, and Canada Road (East Boulevard) in La Porte. 4.1.01 Date CITY OF PASADENA RESOLUTION NO. CITY OF LA PORTE RESOLUTION NO. 2004- A JOINT RESOLUTION BY THE CITY COUNCIL OF PASADENA AND THE CITY COUNCIL OF LA PORTE, AUTHORIZING FURTHER INVESTIGATION OF A JOINT VENTURE BETWEEN THE CITIES FOR A YOUTH SPORTS COMPLEX AND FOR A CONNECTING NORTH-SOUTH ROADWAY BETWEEN GENOA-RED BLUFF ROAD IN PASADENA, AND CANADA ROAD (EAST BOULEVARD) IN LA PORTE WHEREAS, the dtizens of the City of Pasadena and the citizens of La Porte have approved bond issues in both cities respectively, to address the present and future needs of their respective youth sports programs, and WHEREAS, the City Council of the City of Pasadena and the City Council of the City of La Porte have authorized their respective staffs to begin work on the implementation of the voter's wishes in that regard, and WHEREAS, there appears to be much mutual benefit in a proposal to combine the efforts of both cities in a joint venture project on property owned by the City of Pasadena and located in the City of La Porte through economies of scale and duplication of common facilities thereby generating a more beneficial use of taxpayer's money in both cities, and WHEREAS, the proposed connection between Genoa-Red Bluff Road in Pasadena and Canada Road (East Boulevard) in La Porte would offer an improved transportation corridor for the area including an additional emergency evacuation route for both Pasadena and La Porte residents; NOW THEREFORE, BE IT JOINTLY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASADENA AND THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: I. That staffs of each respective city further explore the legal, operational, and logistical ramifications of the proposed joint venture sports complex on property owned by the City of Pasadena, and the proposed arterial roadway connecting Genoa-Red Bluff in Pasadena with Canada Road (East Boulevard) in La Porte. If the proposals are deemed viable, then staffs are directed to prepare the necessary Interlocal Agreement(s) to accomplish the two projects herein described. PRESENTED AND PASSED on this the 12TH day of April 2004 by the City of La Porte, by a vote of _ yeas, and nays at a regular ~h' of La Porte, Texas. Norman L. Malone, Mayor, City of La Porte, Texas Page 1 of2 A.TTEST: , Date: Martha Gillett, City Secretary, City of La Porte APPROY,ED~.TO FORM:/, j. 04~ i;J ~~ ,Date: 1(-- ~~- 0 I Knox W. Askins, City Attorney, City of La Porte PRESENTED AND PASSED on this the 13th day of April 2004 by the City of Pasadena, by a vote of _ yeas, and nays at a regular meeting of the City Council of the City of Pasadena, Texas. John Manlove, Mayor, City of Pasadena, Texas ATTEST: , Date: Lynne Summers, City Secretary, City of Pasadena APPROVED AS TO FORM: , Date: Lee Clark, City Attorney, City of Pasadena Page 2 of 2 CITY OF PASADENA RESOLUTION NO. CITY OF LA PORTE RESOLUTION NO. 2004- A JOINT RESOLUTION BY THE CITY COUNCIL OF PASADENA AND THE CITY COUNCIL OF LA PORTE, AUTHORIZING FURTHER INVESTIGATION OF A JOINT VENTURE BETWEEN THE CInES FOR A YOUTH SPORTS COMPLEX AND FOR A CONNECTING NORTH-SOUTH ROADWAY BETWEEN GENOA-RED BLUFF ROAD IN PASADENA, AND CANADA ROAD (EAST BOULEVARD) IN LA PORTE WHEREAS, the citizens of the City of Pasadena and the citizens of La Porte have approved bond issues in both cities respectively, to address the present and future needs of their respective youth sports programs, and WHEREAS, the City Council of the City of Pasadena and the City Council of the City of La Porte have authorized their respective staffs to begin work on the implementation of the voter's wishes in that regard, and WHEREAS, there appears to be much mutual benefit in a proposal to combine the efforts of both cities in a joint venture project on property owned by the City of Pasadena and located in the City of La Porte through economies of scale and duplication of common facilities thereby generating a more beneficial use of taxpayer's money in both cities, and WHEREAS, the proposed connection between Genoa-Red Bluff Road in Pasadena and Canada Road (East Boulevard) in La Porte would offer an improved transportation corridor for the area including an additional emergency evacuation route for both Pasadena and La Porte residents; NOW THEREFORE, BE IT JOINTLY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASADENA AND THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: I. That staffs of each respective city further explore the legal, operational, and logistical ramifications of the proposed joint venture sports complex on property owned by the City of Pasadena, and the proposed arterial roadway connecting Genoa-Red Bluff in Pasadena with Canada Road (East Boulevard) in La Porte. If the proposals are deemed viable, then staffs are directed to prepare the necessary Interlocal Agreement(s) to accomplish the two projects herein described. PRESENTED AND PASSED on this the 12TH day of April 2004 by the City of La Porte, by a vote of _ yeas, and nays at a regular meeting of the Ci n iI f the' La Porte, Texas. - Norman L. Malone, Mayor, City of La Porte, Texas Page 1 of2 ATTEST: , Date: Martha Gillett, City Secretary, City of La Porte APP~ AS TO FORM: ~ d 1~CA-~~ tv a~ , Date: Knox W. Askins, City Attorney, City of La Porte 4'-s-~o;J ,/ PRESENTED AND PASSED on this the 13th day of April 2004 by the City of Pasadena, by a vote of _ yeas, and nays at a regular meeting of the City Council of the City of Pasadena, Texas. John Manlove, Mayor, City of Pasadena, Texas AlTEST: , Date: Lynne Summers, City Secretary, City of Pasadena APPROVED AS TO FORM: , Date: Lee Clark, City Attorney, City of Pasadena Page 2 of 2 REQUEST FOR CITY COUNCIL AGENDA ITEM Agonda Da', R'qu"',d, ~~4 Requested By: S. Gillett ~ Department: Public Works Appropriation Source of Funds: GEN 902 Account Number: N/A Report: Resolution: Ordinance: xx Amount Budgeted: $1,900,000 Exhibits: Ordinance Amount Requested: $197,493 Exhibits: Pipeline Adiustment Agreement Budgeted Item: YES Exhibits: Letter from ExxonMobil SUMMARY & RECOMMENDATION The upcoming construction of Canada Road and Utilities will require pipeline adjustments to accommodate proposed storm sewer and utility installations. ExxonMobil Pipeline Company and the City have previously agreed that the City of La Porte would be responsible for 50% of the cost. The total cost to adjust the three (3) pipelines was estimated at $385,201, or $192,600 as La Porte's share. The Agreement was never executed due to funding questions and the lack of right of way. The City has recently acquired all rights of way in the southern portion of the Project, and has identified funding sources, including participation by Harris County. ExxonMobil was requested to update the cost estimate and provide a new agreement (attached). The new estimate totals $394,986, with La Porte's share at $197,493. The City will be required to pay its share in advance. Once the adjustment is complete, the actual cost will be determined, and the difference will be paid/refunded. Although Harris County has agreed, in principal, to participate in the Project, there is no agreement at this time. Action Required bv Council: Approve ordinance authorizing the City Manager to execute a Reimbursement Agreement with ExxonMobil Pipeline Company for $197,493. Approved for City Council A2enda &~J-- -0.--- D ra: ea eIle, City Manager !+~ 1. O~ Date ORDINANCE NO. 2004- ;9-'1,3 AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND EXXONMOBIL PIPELINE COMPANY, TO PROVIDE PIPELINE ADJUSTMENTS FOR THE CANADA ROAD PROJECT, APPROPRIATING THE SUM NOT TO EXCEED $197, 493 . 00 , TO FUND SAID CONTRACT, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, a copy of which is on file in the office of the City Secretary. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. City Council appropriates the sum not to exceed $197,493.00 from City of La Porte Project No. GEN 902, to fund said contract. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the pUblic as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. ATTEST: PASSED AND APPROVED, this 12th day of April, 2004. 'dll MthtL #ltfll Mart A. Gillett City Secretary f D: ;1 . ~1/1;//\ ~~W~~ w. Askins Attorney CITY OF LA PORTE B~ orman :. Malo:e Mayor 2 REIMBURSEMENT AGREEMENT This Agreement made and entered into this _ day of , 2004, by and between ExxonMobil Pipeline Company ("EMPCo"), having a mailing address at P.O. Box 2220, Houston, Texas 77252-2220, and City of La Porte ("OWNER"), whose mailing address is P.O. Box 1115, La Porte, Texas 77572-1115: WITNESSETH WHEREAS, EMPCo owns and provides operational services for Can go to Strang Road four-inch diameter pipeline, Clear Lake to Bay town six-inch diameter pipeline and eight-inch diameter pipeline and Bay town to Pierce Junction eight-inch diameter pipeline in Harris County, Texas, said pipelines being a part of EMPCo's pipeline system; and WHEREAS, OWNER desires to improve Canada Road, H Street and the City Park which will encroach upon EMPCo's pipeline easement; and WHEREAS, OWNER has requested that EMPCo take protective action on the segment of the aforementioned pipelines to accommodate the installation of said Canada Road, H Street and the City Park; and WHEREAS, EMPCo has agreed to take such steps as are necessary to inspect, recondition, reroute, adjust and/or take other protective action on said pipelines; and WHEREAS, OWNER has agreed to reimburse EMPCo fifty percent for the actual costs and expenses incurred in the adjustment of said pipelines; NOW, THEREFORE, for and in consideration of the mutual covenants and agreements hereinafter set forth, it is hereby agreed by and between OWNER and EMPCo as follows: ADJUSTMENT OF PIPELINES: EMPCo shall reroute and lower three pipelines for the proposed Canada Street, displace the product out of the ten inch pipeline, flare the product on the four inch pipeline between valves on either side of the project and make tie ins. The work on the pipelines shall be done by EMPCo and/or its contractors in a workmanlike and expeditious manner in accordance with accepted industry practices and work schedules, and using diligence to complete said adjustment. PAYMENT: OWNER shall pay in advance to EMPCo the estimated cost for the adjustment of said pipelines as follows: Company Labor $ 10,296.00 Contract Services & Equipment $252,662.00 Materials & Equipment $ 23,264.00 Administrative Overhead $ 57,244.00 Contingency $ 51,520.00 Total 50% $394,986.00 $197,493.00 Should the actual cost be less than the estimated cost, the difference shall be refunded to OWNER upon project completion. Should the actual cost be greater than the estimated cost, OWNER shall remit the difference to EMPCo within ninety (90) days of the presentation of a statement showing actual costs and support materials. If, for any reason, OWNER terminates the subject project, OWNER shall be responsible to EMPCo for all costs incurred up to the time of cancellation, any and all materials procured by EMPCo up to that time shall remain the sole property of EMPCo. INGRESS AND EGRESS: OWNER hereby grants to EMPCo the right of ingress and egress across all lands owned, leased or controlled by OWNER as may be reasonable or necessary for EMPCo to adjust, inspect, cover, test, connect, operate and maintain the adjusted pipelines. Such ingress and egress shall be along routes as agreed by EMPCo and OWNER. OWNER, ITS SUCCESSOR OR ASSIGNS, SHALL HOLD EMPCo HARMLESS AND FREE FROM ANY AND ALL CLAIMS OF DAMAGES WHICH MAY OCCUR, ARISING OUT OF OWNER'S, ITS SUCCESSORS AND ASSIGNS NEGLIGENCE IN CONNECTION WITH THE DEVELOPMENT OF THE LAND OR IN PARTICULARLY WITH THIS PROJECT. FURTHER, EMPCo SHALL NOT BE LIABLE FOR ANY DAMAGES TO THE SURFACE OF THE LAND, PLANTS, GRASS, SHRUBBERY, TREES OR ANY OTHER IMPROVEMENTS RESULTING FROM THE WORK DEFINED HEREIN OR RELATING TO THE WORK DEFINED HEREIN, EXCEPT THAT EMPCo SHALL BE LIABLE FOR AND SHALL INDEMNIFY OWNER FROM AND AGAINST LIABILITIES, CLAIMS AND COSTS RESULTING EITHER FROM THE ACTIVITIES OF EMPCo EMPLOYEES, AGENTS AND/OR CONTRACTORS OR FROM SPILLAGE OR DISCHARGE OF PRODUCTS OR OTHER HAZARDOUS SUBSTANCE FROM THE PIPELINES. ENTIRETY OF AGREEMENT: This agreement constitutes the entire agreement between the parties hereto and no alterations of the terms and conditions of this Agreement shall be valid unless in writing and signed by both of the parties hereto. This agreement shall be binding upon and inure to the benefit of the parties hereto, their successors or assigns. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first written above. CITY OF LA PORT~ ~ By: AWttJ Cl Name:J>J)y-a 13 hazel/eJ Title: C-i) !:,y}"., ~er EXXONMOBIL PIPELINE COMPANY By: Name: Title: Date: Requested By: COUNCIL AGENDA ITEM Agenda Date Requested: A ril12 2004 Appropriation Source of Funds: Department: Planning Account Number: Report: Resolution: Ordinance: x Amount Budgeted: Exhibit 1: Ordinance Amount Requested: Exhibit 2: City Survey Budgeted Item: YES NO SUMMARY & RECOMMENDATION The City of La Porte's Flood Damage Prevention Ordinance 1533-A as passed in October 1996 met the minimum standards that the Federal Emergency Management Agency (FEMA) required for participation in the National Flood Insurance Policy (NFIP). Being minimum standards, there was no provision in the ordinance that accounted for any affect to the floodplain or the corresponding waterway that future floodplain development could have on potentially at-risk structures. The current ordinance states that structures be built to the base flood elevation. There is some confusion as to whether that means the existing base flood elevation or the ultimate base flood elevation. As such, the attached ordinance seeks to install a "freeboard" requirement and require that the finished floor elevation for residential habitable structures be elevated one foot above the base flood elevation as it was mapped in 1996. "Freeboard" in this case can be considered a factor of safety or buffer over and above the minimum existing base flood elevation. Installing a freeboard requirement and going above and beyond the minimum standards required by FEMA will allow the City of La Porte to claim credit under the Community Rating System (CRS) and allow for a greater discount in the flood insurance for area homeowners. Currently the City's CRS rating is an 8 which gives La Porte resident's a 10010 discount on their flood insurance. Instituting this 1 foot freeboard will lower the city to a 7 rating allowing homeowners to realize a 15% discount. Higher freeboard requirements of 1.5 feet or greater will likely result in greater discounts on resident's flood insurance premiums. A survey of 16 other Harris County area cities showed that 14 of the 16 did, in fact. have a freeboard requirement. La Porte did not. Per the Assistant City Attorney a public hearing is not required. Action Reauired bv Council: Consider an ordinance amending specific sections of Chapter 94 of the Code of Ordinances hereafter to be called Ordinance. Approved for City Council A2enda +~ -(JV Date EXHIBIT 1 ORDINANCE NO. 04-~ AN ORDINANCE AMENDING CHAPTER 94, FLOODS, DIVISION 3 STANDARDS, OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; BY AMENDING SECTION 94-87 SPECIFIC STANDARDS AND SECTION 94-89, STANDARDS FOR AREAS OF SHALLOW FLOODING, PROVIDING A NEW BASE FLOOD ELEVATION OF ONE FOOT ABOVE BASE FLOOD LEVEL; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED A SUM OF NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH VIOLATION; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the Legislature of the State of Texas has delegated the responsibility to local governmental units to adopt regulations designed to minimize flood losses, and WHEREAS, it is incumbent upon the City of La Porte to adopt regulations consistent with state law; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: SECTION 1. Section 94-87. Specific Standards of the Code of Ordinances is hereafter amended to read as follows: Sec. 94-87. Specific standards. In all areas of special flood hazards where base flood elevation data has been provided as set forth in section 94-38, subsection 94-62(8) or subsection 94-88(d), the following provisions are required: (1) Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated at least one foot above the base flood elevation. A registered professional engineer or land surveyor shall submit a certification to the floodplain administrator that the standard of this subsection as proposed in subsection 94-64(a)(1), is satisfied. (2) Nonresidential construction. New construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to or above the base flood level or, together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage Ordinance 04- :J.. 1/1 Page 2 of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer shall develop and review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specifiC elevation (in relation to mean sea level) to which such structures are flood proofed shall be maintained by the floodplain administrator. (3) Enclosures. New construction and substantial improvements, with fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting requirement must either be certified by a registered professional engineer or meet or exceed the following minimum criteria: a. A minimum of two openings which have a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. b. The bottom of all openings shall be no higher than one foot above grade. c. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (4) Manufactured homes. a. All manufactured homes shall be anchored to resist flotation, collapse, or lateral movement by providing over-the-top and frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind. Specific requirements shall be: 1. Over-the-top ties at each of the four comers of the manufactured home, with two additional ties per side at intermediate locations and manufactured homes less than 50 feet long requiring one additional tie per side; 2. Frame ties at each comer of the home with five additional ties per side at intermediate points and mobile homes less than 50 feet long requiring four additional ties per side; 3. All components of the anchoring system capable of carrying a force of 4,800 pounds; 4. Any additions to the manufactured home similarly anchored. 5. Alternate means of anchorage such as those presented in the September 1985 FEMA Manual "Manufactured Home Installation in Flood Hazard Area" may be used if approved by the floodplain administrator. Ordinance 04- c211L Page 3 b. For manufactured homes that are placed or substantially improved within Zones A1-30, AH, and AE on the community's FIRM on-sites: 1. Outside of a manufactured home park or subdivision; 2. In a new manufactured home park or subdivision; 3. In an expansion to an existing manufactured home park or subdivision; or 4. In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated at least one foot above the based flood elevation and be secure anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. c. For manufactured homes to be placed or substantially improved on- sites in an existing manufactured home park or subdivisions within Zones A 1-30, AH and AE on the city's FIRM that are not subject to the provisions of subsection 94-87(4) be elevated so that either: 1. The lowest floor of the manufactured home is at least least one foot above the base flood elevation; or 2. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (5) Recreational vehicles. For recreational vehicles placed on-sites within Zones A1-30, AH, and AE on the city's FIRM either: a. Be on the site for fewer than 180 consecutive days; b. Be fully licensed and ready for highway use; or c. Meet the permit requirements of section 94-64 (a) , and the elevation and anchoring requirements for "manufactured homes" in subsection 94-87(4). A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. Ordinance 04- 21 f 1 Page 4 SECTION 2. Section 94-89Standards for areas of shallow flooding of the Code of Ordinances of the City of La Porte is hereby amended to read as follows: Sec. 94-89. Standards for areas of shallow flooding. Located within the areas of special flood hazard established in 94-38 are areas designated as areas of shallow flooding. These areas have special flood hazards associated with base flood depths of one to three feet where a clearly defined channel does not exist and where the path of flooding is characterized by ponding or sheet flow; therefore, the following provisions apply: (1) All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated above the highest adjacent grade at least one foot above the depth number specified in feet on the city's FIRM (at least two feet if no depth number is specified). (2) All new construction and substantial improvements of nonresidential structures shall: a. Have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the city's FIRM (at least two feet if no depth number is specified); or b. Together with attendant utility and sanitary facilities be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. (3) A registered professional engineer shall submit a certification to the floodplain administrator that the standards of this section, as proposed in section 94-64(a)(1), are satisfied. (4) Require within Zones AH or AD adequate drainage paths around structures on slopes, to guide floodwaters around and away from proposed structures. SECTION 3. Section 94-91 Coastal high hazard areas of the Code of Ordinances of the City of La Porte is hereby amended to read as follows: Sec. 94-91. Coastal high hazard areas. Located within the areas of special flood hazard established in section 94-38 are areas designated as coastal high hazard areas (Zones V1-30, VE and for V.) These areas have special flood hazards associated with high velocity waters from tidal Ordinance 04- :L 711_ Page 5 surges and hurricane wave wash; therefore, in addition to meeting all provisions outlined in this article, the following provisions must also apply: (1) Obtain the elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures, and whether or not such structures contain a basement. The floodplain administrator shall maintain a record of all such information. (2) All new construction shall be located landward of the reach of mean high tide. (3) All new construction and substantial improvements shall be elevated on pilings and columns so that: a. The bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated at least one foot above the base flood level; b. The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Wind and water loading values shall each have a one percent chance of being equaled or exceeded in any given year (100-year mean recurrence interval); c. A registered professional engineer shall develop or review the structural design, specification and plans for the construction and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of subsections 94-91 (3)a and 94-91 (3)b. (4) Provide that all new construction and substantial improvement have the space below the lowest floor either free of obstruction or constructed with nonsupporting breakaway walls, open wood latticework, or insect screening intended to collapse and not cause displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purpose of this section, a breakaway wall shall have a design safe loading resistance of not less than ten and no more than 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of 20 pounds per square foot (either by design or when so required by local or state codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions: a. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and b. The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other Ordinance 04- .p-1 '-4 Page 6 structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). Maximum wind and water loading values to be used in this determination shall each have a one percent chance of being equaled or exceeded in any given year (100-year mean recurrence interval). (5) If breakaway walls are utilized, such enclosed space shall be useable solely for parking of vehicles, building access, or storage. Such space shall not be used for human habitation. (6) Prohibit the use of fill for structural support of buildings. (7) Prohibit manmade alteration of sand dunes and mangrove stands which would increase potential flood damage. (8) Manufactured homes. Manufactured homes placed or substantially improved within Zone V1-30, V and VE on the city's FIRM on sites: a. Outside of a manufactured home park or subdivision; b. In a new manufactured home park of subdivision; c. In an expansion to an existing manufactured home park or subdivision; or d. In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood, must meet the standards of subsections 94-91(1) through (7) and that manufactured homes placed or substantially improved on other sites in an existing manufactured home park or subdivision within Zones V1-30, V and VE on the city's FIRM meet the requirements of subsection 94-87(4). (9) Recreational vehicles. For recreational vehicles placed on sites within Zones V1-30, V, and VE on the city's FIRM either: a. Be on the site for fewer than 180 consecutive days; b. Be fully licensed and ready for highway use; or c. Meet the permit requirements of section 94-63 and subsections 94- 91(1) through (7). A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. SECTION 4. All rights or remedies of the City of La Porte, Texas, are expressly saved as to any and all violations of any Zoning Ordinance or amendments thereto, of said City of La Porte, that have accrued at the time of the effective date of this Ordinance; and Ordinance 04- :L 7 f ~_ Page 7 as to such accrued violation, the court shall have all the powers that existed prior to the effective date of this Ordinance; and as to such accrued violation, the court shall have all the powers that existed prior to the effective date of this Ordinance; and that all existing violations of previous zoning ordinances which would otherwise become non-conforming uses under this Ordinance but shall be considered as violations of this Ordinance in the same manner that they were violations of prior zoning ordinances of said City of La Porte. SECTION 5. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, it is hereby declared to be the intention of the City of Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. SECTION 6. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Ordinance 04- ;;"111_ Page 8 SECTION 7. Any person, as defined in Section 1.02(27) Texas Penal Code, who shall violate any provision of this Ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Two Thousand Dollars ($2,000.00). Each day a violation of this ordinance shall continue shall constitute a separate violation. SECTION 8. This Ordinance shall become effective fourteen (14) days after its passage and approval. The City Secretary shall give notice to the passage of the notice by causing the caption to be published in the official newspaper of the City of La Porte a1 least twice within ten (10) days after the passage of the Ord inance. PASSED AND APPROVED THIS THE 0- <1-~A y OF ~. 2004. CITY OF LA PORTE ~MaYOr ATTEST: ~ ' By:. CLU1{~ t1 ARTHA GILLETT, up City Secretary EXHIBIT 2 CITY REQUIRED FREEBOARD (FT) Houston 1 Pearland 1 Brookside Village 1 Friendswood 2 League City 1.5 Webster 1 Nassau Bay 2 Kemah 1.5 Seabrook 1 Shoreacres 1 Deer Park 0 La Porte 0 Pasadena 1 Baytown 1.5 Missouri City 1 l' above top of curb or l' above elevation in Sugarland front of house whichever is greater, reaardless of BFE REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Appropriation Requested By: Source of Funds: N/A Department: Planning Account Number: N/A Report: Resolution: Ordinance: x Amount Budgeted: N/A Exhibits: Ordinance Amount Requested: N/A Exhibits: Sales Contract Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION The City is participating in the HOME Program through Harris County in what has been referred to as the Northside Grant. The City was to construct two "model" homes to sell to qualified individuals. Nine other homes were to be constructed with the City assisting with down payments in the amounts of about $22,000 per applicant. The builder, Bayou Housing, would deal direct with the applicants on those nine. The City is about to close on the first two "model" homes. City Council is requested to authorize 1) the sale of the two homes; and 2) the City Manager as the City's representative to execute the closing documents. Both are identical except for the locations and selling price. This item is for the 1,988 sq. ft. home at 330 North 5th Street priced at $90,500. Action Required bv Council: Consider approval of an ordinance authorizing the sale of the home located at 330 N. 5th Street as part of the City's HOME Grant, and authorizing the City Manager as the City's representative to execute the closing documents. Approved for City Council Ae:enda De~~~ p~u~j~ -1--0 ~cX( Date ORDINANCE NO. 2004- 6L 7/:;' AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE (SELLER) AND ANNA MARIA LAKE (BUYER) FOR THE SALE OF A MODEL HOME LOCATED AT 330 N. 5TH STREET, ALSO DESCRIBED AS LOTS 1 & 2 OF BLOCK 80, LA PORTE, TX 77571, AS PART OF THE HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM FOR THE CITY OF LA PORTE, TEXAS; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. ORDINANCE NO. 2004- 27/:) PAGE 2 PASSED AND APPROVED, this /lLcULdayof /lprr I ,2004. CITY OF LA PORTE ~~ Peter Griffith~ Mayor Pro T em ATTEST: ~MJl{/ \ ~t4) '4Ji Martha A. Gillett City Secretary Q PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREe) ONE TO FOUR FAMILY RESIDENTIAL CONTRACT (RESALE) NOTICE: Not For Use For Condominium Transactions 01-06-03 EQUAL HOUSING OPPOIlTUNITY 1. PARTIES: CITY OF LA PORTE , TEXAS sell and convey to ~1\lN~ M~RT~ T,~KF.. rl c:; ngl p ',7nmrln Buyer agrees to buy from Seller the Property described below. 2. PROPERTY: A. LAND: Lot 1 and 2, inclusive ,Block~, Addition, City of La Porte , Harris County, Texas, known as 330 N. 5th Street , La Porte , Texas 77571 (address/zip code), or as described on attached exhibit. B. IMPROVEMENTS: The house, garage and all other fixtures and improvements attached to the above-described real property, including without limitation, the following permanently installed and built-in items, if any: all equipment and appliances, valances, screens, shutters, awnings, wall-to-wall carpeting, mirrors, ceiling fans, attic fans, mail boxes, television antennas and satellite dish system and equipment, heating and air-conditioning units, security and fire detection equipment, wiring, plumbing and lighting' fixtures, chandeliers, water softener system, kitchen equipment, garage door openers, cleaning equipment, shrubbery, landscaping, outdoor cooking equipment, and all other property owned by Seller and attached to the above described real property. C. ACCESSORIES: The following described related accessories, if any: window air conditioning units, stove, fireplace screens, curtains and rods, blinds, window shades, draperies and rods, controls for satellite dish system, controls for garage door openers, entry gate controls, door keys, mailbox keys, above ground pool, swimming pool equipment and maintenance accessories, and artificial fireplace logs. D. EXCLUSIONS: The following improvements and accessories will be retained by Seller and excluded: (Seller) agrees to (Buyer) and The land, improvements and accessories are collectively referred to as the "Property". 3. SALES PRICE: A. Cash portion of Sales Price payable by Buyer at closing.................. $ B. Sum of all financing described below (excluding any loan funding fee or mortgage insurance premium) .......................................... $ C. Sales Price (Sum of A and B) ..................................................... $ 500.00 90,'000.00 90,son nn 4. FINANCING: The portion of Sales Price not payable in cash will be paid as follows: (Check applicable boxes below) a A. THIRD PARTY FINANCING: One or more third party mortgage loans in the total amount of $ 90.000.00 . If the Property does not satisfy the lenders' underwriting requirements for the loan(s), this contract will terminate and the earnest money will be Jefunded to Buyer. (Check one box only) ~(1) This contract is subject to Buyer being approved for the financing described in the attached Third Party Financing Condition Addendum. 0(2) This contract is not subject to Buyer being approved for financing and does not involve FHA or VA financing. . o B. ASSUMPTION: The assumption of the unpaid principal balance of one or more promissory notes described in the attached TREC Loan Assumption Addendum. o C. SELLER FINANCING: A promissory note from Buyer to Seller of $ , bearing % interest per annum, secured by vendor's and deed of trust liens, and containing the terms and conditions described in the attached TREC Seller Financing Addendum. If an owner policy of title insurance is furnished, Buyer shall furnish Seller with a mortgagee policy of title insurance. 5. EARNEST MONEY: Upon execution of this contract by both parties, Buyer shall deposit $ '100 00 as earnest money with Fidelity Title Co. , as escrow agent, at (address). Buyer shall deposit additional earnest money of $ with escrow agent within days after the effective date of this contract. If Buyer fails to deposit the earnest money as required by this contract, Buyer will be in default. Initialed for identification byB.u~ and Seller 01 A TREC NO. 20-6 Contract Concerning 330 N. 5th Street. La Porte. TX 77S71 (Address of Property) Page Two 01-06-03 6. TITLE POLICY AND SURVEY: A. TITLE POLICY: Seller shall furnish to Buyer at OSeller's ~Buyer's expense an owner policy of title insurance (Title Policy) issued by , (Title Company) in the amount of the Sales Price, dated at or after closing, insuring Buyer against loss under the provisions of the Title Policy, subject to the promulgated exclusions (including existing building and zoning ordinances) and the following exceptions: (1) Restrictive covenants common to the platted subdivision in which the Property is located. (2) The standard printed exception for standby fees, taxes and assessments. (3) Liens created as part of the financing described in Paragraph 4. (4) Utility easements created by the dedication deed or plat of the subdivision in which the Property is located. (5) Reservations or exceptions otherwise permitted by this contract or as may be approved by Buyer in writing. (6) The standard printed exception as to marital rights. (7) The standard printed exception as to waters, tidelands, beaches, streams, and related matters. (8) The standard printed exception as to discrepancies, conflicts, shortages in area or boundary lines, encroachments or protrusions, or overlapping improvements. Buyer, at Buyer's expense, may have the exception amended to read, "shortages in area". ' B. COMMITMENT: Within 20 days after the Title Company receives a copy of this contract, Seller shall furnish to Buyer a commitment for title insurance (Commitment) and, at Buyer's expense, legible copies of restrictive covenants and documents evidencing exceptions in the Commitment (Exception Documents) other than the standard printed exceptions. Seller authorizes the Title Company to mail or hand deliver the Commitment and Exception Documents to Buyer at Buyer's address shown in Paragraph 21. If the Commitment and Exception Documents are not delivered to Buyer within the specified time, the time for delivery will be automatically extended up to 15 days or the Closing Date, whichever is earlier. C. SURVEY: The survey must be made by a registered professional land surveyor acceptable to the Title Company and any lender. (Check one box only) o (1) Within days after the effective date of this contract, Seller, at Seller's expense, shall furnish a new survey to Buyer. ~(2) Within J. \. days after the effective date of this contract, Buyer, at Buyer's expense, shall obtain a new survey. o (3) Within days after the effective date of this contract, Seller shall furnish Seller's existing survey of the Property to Buyer and the Title Company, along with Seller's affidavit acceptable to the Title Company for approval of the survey. If the survey is not approved by the Title Company or Buyer's lender, a new survey will be obtained at o Seller's 0 Buyer's expense no later than 3 days prior to the Closing Date. D. OBJECTIONS: Within ~ days after Buyer receives the Commitment, Exception Documents and the survey, Buyer may object in writing to defects, exceptions, or encumbrances to title: disclosed on the survey other than items 6A(1) through (7) above; disciosed in the Commitment other than items 6A(1) through (8) above; or which prohibit the following use or activity: . Buyer's failure to object within the time allowed will constitute a waiver of Buyer's right to object; except that the requirements in Schedule C of the Commitment are not waived. Seller shall cure the timely objections of Buyer or any third party lender within 15 days after Seller receives the objections and the Closing Date will be extended as necessary. If objections are not cured within such 15 day period, this contract will terminate and the earnest money will be refunded to Buyer unless Buyer waives the objections. E. TITLE NOTICES: (1) ABSTRACT OR TITLE POLICY: Broker advises Buyer to have an abstract of title covering the Property examined by an attorney of Buyer's selection, or Buyer should be furnished with or obtain a Title Policy. If a Title Policy is furnished, the Commitment should be promptly reviewed by an attorney of Buyer's choice due to the time limitations on Buyer's right to object. (2) MANDATORY OWNERS' ASSOCIATION MEMBERSHIP: The Property 0 is ~is not subject to mandatory membership in an owners' association. If the Property is subject to mandatory membership in an owners' association, Seller notifies Buyer under 95.012, Texas Property Code, that, as a purchaser of property in the residential community in Initialed for identification by Buye and Seller 01A TREC NO. 20-6 Contract Concerning 330 N. 5th Street , La Porte. TX 77571 Page Three 01-06-03 (Address of Property) which the Property is located, you are obligated to be a member of the owners' association. Restrictive covenants governing the use and occupancy of the Property and a dedicatory instrument governing the establishment, maintenance, and operation of this residential community have been or will be recorded in the Real Property Records of the county in which the Property is located. Copies of the restrictive covenants and dedicatory instrument may be obtained from the county clerk. You are obligated to pay assessments to the owners' association. The amount of the assessments is subject to change. Your failure to pay the assessments could result in, a lien on and the foreclosure of the Property. (3) STATUTORY TAX DISTRICTS: If the Property is situated in a utility or other statutorily created district providing water, sewer, drainage, or flood control facilities and services, Chapter 49, Texas Water Code requires Seller to deliver and Buyer to sign the statutory notice relating to the tax rate, bonded indebtedness, or standby fee of the district prior to final execution of this contract. (4) TIDE WATERS: If the Property abuts the tidally influenced waters of the state, 933.135, Texas Natural Resources Code, requires a notice regarding coastal area property to be included in the contract. An addendum containing the notice promulgated by TREC or required by the parties must be used. (5) ANNEXATION: If the Property is located outside the limits of a municipality, Seller notifies Buyer under 95.011, Texas Property Code, that the Property may now or later be included in the extraterritorial jurisdiction of a municipality and may now or later be subject to annexation by the municipality. Each municipality maintains a map that depicts its boundaries and extraterritorial jurisdiction. To determine if the Property is located within a municipality's extraterritorial jurisdiction or is likely to be located within a municipality's extraterritorial jurisdiction, contact all municipalities located in the general proximity of the Property for further information. 7. PROPERTY CONDITION: A. - INSPECTIONS, ACCESS AND UTILITIES: Buyer may have the Property inspected by inspectors selected by Buyer and licensed by TREC or otherwise permitted by law to make inspections. Seller shall permit Buyer and Buyer's agents access to the Property at reasonable times. Seller shall pay for turning on existing utilities for inspections. B. SELLER'S DISCLOSURE NOTICE PURSUANT TO 95.008, TEXAS PROPERTY CODE (Notice): (Check one box only) D (1) Buyer has received the Notice. D (2) Buyer has not received the Notice. Within days after the effective date of this contract, Seller shall deliver the Notice to Buyer. If Buyer does not receive the Notice, Buyer may terminate this contract at any time prior to the closing and the earnest money will be refunded to Buyer. If Seller delivers the Notice, Buyer may terminate this contract for any reason within 7 days after Buyer receives the Notice or prior ~ to the closing, whichever first occurs, and the earnest money will be refunded to Buyer. JoI' (3) The Texas Property Code does not require this Seller to furnish the Notice. C. SELLER'S DISCLOSURE OF LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS is reqUired by Federal law for a residential dwelling constructed prior to 1978. D. ACCEPTANCE OF PROPERTY CONDITION: Buyer accepts the Property in its present condition; provided Seller, at Seller's expense, shall complete the following specific repairs and treatments: E. LENDER REQUIRED REPAIRS AND TREATMENTS: Unless otherwise agreed in writing, neither party is obligated to pay for lender required repairs, which includes treatment for wood destroying insects. If the parties do not agree to pay for the lender required repairs or treatments, this contract will terminate and the earnest money will be refunded to Buyer. If the cost of lender required repairs and treatments exceeds 5% of the Sales Price, Buyer may terminate this contract and the earnest money will be refunded to Buyer. F. COMPLETION OF REPAIRS AND TREATMENTS: Unless otherwise agreed in writing, Seller shall complete all agreed repairs and treatments prior to the Closing Date. All required permits must be obtained, and repairs and treatments must be performed by persons who are licensed or otherwise authorized by law to provide such repairs or treatments. At Buyer's election, any transferable warranties received by Seller with respect to the repairs and treatments will be transferred to Buyer at Buyer's expense. If Seller fails to complete any agreed repairs and Initialed for identification by Buye and Seller 01A TREC NO. 20-6 Contract Concerning 330 N. 5th Street, La Porte, TX 77571 Page Four 01-06-03 (Address of Property) treatments prior to the Closing Date, Buyer may do so and receive reimbursement from Seller at closing. The Closing Date will be extended up to 15 days, if necessary, to complete repairs and treatments. G. ENVIRONMENTAL MATTERS: Buyer is advised that the presence of wetlands, toxic substances, including asbestos and wastes or other environmental hazards, or the presence of a threatened or endangered species or its habitat may affect Buyer's intended use of the Property. If Buyer is concerned about these matters, an addendum promulgated by TREC or required by the parties should be used. H. RESIDENTIAL SERVICE CONTRACTS: Buyer may purchase a residential service contract from a residential service company licensed by TREC. If Buyer purchases a residential service contract, Seller shall reimburse Buyer at closing for the cost of the residential service contract in an amount not exceeding $ . Buyer should review any residential service contract for the scope of coverage, exclusions and limitations. The purchase of a residential service contract is optional. Similar coverage may be purchased from various companies authorized to do business in Texas. 8. BROKERS' FEES: All obligations of the parties for payment of brokers' fees are contained in separate written agreements. 9. CLOSING: MAl ? I A. The closing of the sale will be on or before '..7 ~ , 20dLI, or within 7 days after objections to matters disclosed in the Commitment or by the survey have been cured, whichever date is later (Closing Date). If either party fails to close the sale by the Closing Date, the non-defaulting party may exercise the remedies contained in Paragraph 15. B. At closing: (1) Seller shall execute and deliver a general warranty deed conveying title to the Property to Buyer and showing no additional exceptions to those permitted in Paragraph 6 and furnish tax statements or certificates showing no delinquent taxes on the Property. (2) Buyer shail pay the Sales Price in good funds acceptable to the escrow agent. (3) Seller and Buyer shall execute and deliver any notices, statements, certificates, affidavits, releases, loan documents and other documents required of them by this contract, the Commitment or law necessary for the closing of the sale and the issuance of the Title Policy. C. Unless expressly prohibited by written agreement, Seller may continue to show the Property and receive, negotiate and accept back up offers. D. All covenants, representations and warranties in this contract survive c1o~ing. 10. POSSESSION: Seller shall deliver to BuyeLP6ssession of the Property: in its present or required condition, ordinary wear and tear excepted: ~ upon closing and funding 0 according to a temporary residential lease form promulgated by TREC or other written lease required by the parties. Any possession by Buyer prior to closing or by Seller after closing which is not authorized by a written lease will establish a tenancy at sufferance relationship between the parties. Consult your insurance agent prior to change of o~vnership or possession because insurance coverage may be limited or terminated. The absence of a written lease or appropriate insurance coverage may expose the parties to economic loss. 11. SPECIAL PROVISIONS: (Insert only factual statements and business details applicable to the sale. TREC rules prohibit licensees from adding factual statements or business details for which a contract addendum, lease or other form has been promulgated by TREC for mandatory use.) ***THE CITY OF LA PORTE MAKES NO REPRESENTATIONS OR WARRM~TY WHATSOEVER WHETHER EXPRESSED, IMPLIED OR STATUTORY WITH RESPECT TO THEPROPERTY. BUYER AGREES THAT BUYER IS NOT RELYING ON ANY WARRANTY OR REPRESENTATIONS OF CITY OR ANY AGENT, EMPLOYEE, REPRESENTATIVE, DIRECTOR OR OFFICER OF CITY. ***ALL WARRANTIES ARE THROUGH THE BUILDER: BAYOU HOUSING PARTNERS, INC. Initialed for identification by u and Seller 01A TREC NO. 20-6 Contract Concerning Page Five 01-06-03 330 N. 5th street, La Porte, TX (Address of Property) 12. SETTLEMENT AND OTHER EXPENSES: A. The following expenses must be paid at or prior to closing: (1) Expenses payable by Seller (Seller's Expenses): (a) Releases of existing liens, including prepayment penalties and recording fees; release of Seller's loan liability; tax statements or certificates; preparation of deed; one-half of escrow fee; and other expenses payable by Seller under this contract. (b) Seller shall also pay an amount not to exceed $ 0 to be applied in the following order: Buyer's Expenses which Buyer is prohibited from paying by FHA, VA, Texas Veteran's Housing Assistance Program or other governmental loan programs; Buyer's prepaid items~ other Buyer's expenses. (2) Expenses payable by Buyer (Buyer's Expenses): (a) Loan origination, discount, buy-down, and commitment fees (Loan Fees). (b) Appraisal fees; loan application fees; credit reports; preparation of loan documents; interest on the notes from date of disbursement to one month prior to dates of first monthly payments; recording fees; copies of easements and restrictions; mortgagee title policy with endorsements required by lender; loan-related inspection fees; photos, amortization schedules, one-half of escrow fee; all prepaid items, including required premiums for flood and hazard insurance, reserve deposits for insurance, ad valorem taxes and special governmental assessments; final compliance inspection; courier fee, repair inspection, underwriting fee and wire transfer, expenses incident to any loan, and other expenses payable by Buyer under this contract. B. Buyer shall pay Private Mortgage Insurance Premium (PMI), VA Loan Funding Fee, or FHA Mortgage Insurance Premium (MIP) as required by the lender. C. If any expense exceeds an amount expressly stated in this contract for such expense to be paid by a party, that party may terminate this contract unless the other party agrees to pay such excess. Buyer may not pay charges and fees expressly prohibited by FHA, VA, Texas Veteran's Housing Assistance Program or other governmental loan program regulations. 13. PRORATIONS: Taxes for the current year, interest, maintenance fees, assessments, dues and rents will be prorated through the Closing Date. If taxes for the current year vary from the amount prorated at closing, the parties shall adjust the prorations when tax statements for the current year are available. If taxes are not paid at or prior to closing, Buyer shall pay taxes for the current year. 14. CASUAL If' lOSS: If any part of the Property is damaged or destroyed by fire or other casualty after the effective date of this contract, Seller shall restore the Property to its previous condition as soon as reasonably possible, but in any event by the Closing Date. If Seller fails to do so due to factors beyond Seller's control, Buyer may (a) terminate this contract and the earnest money will be refunded to Buyer (b) extend the time for performance up to 15 days and the Closing Date will be extended as necessary or (c) accept the Property in its damaged condition with an assignment of insurance proceeds and receive credit from Seller at closing in the amount of the deductible under the insurance policy. Seller's obligations under this paragraph are independent of any obligations of Seller under Paragraph 7. 15. DEFAULT: If Buyer fails to comply with this contract, Buyer will be in default, and Seller may (a) enforce specific performance, seek such other relief as may be provided by law, or both, or (b) terminate this contract and receive the earnest money as liquidated damages, thereby releasing both parties from this contract. Iff due to factors beyond Seller's control, Seller fails within the time allowed to make any non-casualty repairs or deliver the Commitment, or survey, if required of Seller, Buyer may (a) extend the time for performance up to 15 days and the Closing Date will be extended as necessary or (b) terminate this contract as the sole remedy and receive the earnest money. If Seller fails to comply with this contract for any other reason, Seller will be in default and Buyer may (a) enforce specific performance, seek such other relief as may be provided by law, or both, or (b) terminate this contract and receive the earnest money, thereby releasing both parties from this contract. 16. MEDIATION: It is the policy of the State of Texas to encourage resolution of disputes through alternative dispute resolution procedures such as mediation. Any dispute between Seller and Buyer related to this contract which is not resolved through informal discussion Owill Owill not be submitted to a mutually acceptable mediation service or provider. The parties to the mediation shall bear the mediation costs equally. This paragraph does not preclude a party from seeking equitable relief from a court of competent jurisdiction. Initialed for identification by Buyer a nd Seller Of A TREC NO. 20-6 .... Contract Concerning 330 N. 5th Street, La Porte, TX (Address of Property) Page Six 01-06-03 17. ATTORNEY'S FEES: The prevailing party in any legal proceeding related to this contract is entitled to recover reasonable attorney's fees and all costs of such proceeding incurred by the prevailing party. 18. ESCROW: The escrow agent is not (a) a party to this contract and does not have liability for the performance or nonperformance of any party to this contract, (b) liable for interest on the earnest money and (c) liable for the loss of any earnest money caused by the failure of any financial institution in which the earnest money has been deposited unless the financial institution is acting as escrow agent. At closing, the earnest money must be applied first to any cash down payment, then to Buyer's Expenses and any excess refunded to Buyer. If both parties make written demand for the earnest money, escrow agent may require payment of unpaid expenses incurred on behalf of the parties and a written release of liability of escrow agent from all parties. If one party makes written demand for the earnest money, escrow agent shall give notice of the demand by providing to the other party a copy of the demand. If escrow agent does not receive written objection to the demand from the other party within 30 days after notice to the other party, escrow agent may disburse the earnest money to the party making demand reduced by the amount of unpaid expenses incurred on behalf of the party receiving the earnest money and escrow agent may pay the same to the creditors. If escrow agent complies with the provisions of this paragraph, each party hereby releases escrow agent from all adverse claims related to the disbursed of the earnest money. Escrow agent's notice to the other party will be effective when deposited in the U. S. Mail, postage prepaid, certified mail, return receipt requested, addressed to the other party at such party's address shown below. Notice of objection to the demand will be deemed effective upon receipt by escrow agent. 19. REPRESENTATIONS: Seller represents that as of the Closing Date (a) there will be no liens, assessments, or security interests against the Property which will not be satisfied out of the sales proceeds unless securing payment of any loans assumed by Buyer and (b) assumed loans will not be in default. If any representation of Seller in this contract is untrue on the Closing Date, Buyer may terminate this contract and the earnest money will be refunded to Buyer. 20. FEDERAL TAX REQUIREMENTS: If Seller is a "foreign person," as defined by applicable law, or if Seller fails to deliver an affidavit to Buyer that Seller is not a "foreign person/' then Buyer shall withhold from the sales proceeds an amount sufficient to comply with applicable tax law and deliver the same to the Internal Revenue Service together with appropriate tax forms. Internal Revenue Service regulations require filing written reports if currency in excess of specified amounts is received in the transaction.- 21. NOTICES: All notices from one party to the other must be in writing and are effective when mailed to, hand-delivered at, or transmitted by facsimile as follows: To Buyer at: To Seller at: ANNA MARIA LAKE cITY OF LA PORTE. TEXAS l.jZ-S- Mh H5+Ap+ AI 604 W. Fairmont Pkwy. Lafoth~. '11S7 / La Porte, TX 77571 Telephone:(Z!LJ Lj1 0 - '110 33 Telephone: ( 281) 4'71 C;O?O Facsimile:(ULJ 410- e,bjt-!'1 1~03-4D~~csimile:( 281) 842-1839 22. AGREEMENT OF PARTIES: This contract contains the entire agreement of the parties and cannot be changed except by their written agreement. Addenda which are a part of this contract are (check all applicable boxes): ~ Third Party Financing Condition Addendum o Addendum for Property Subject to Mandatory Membership in an Owners' Association o Seller Financing Addendum o Environmental Assessment, Threatened or Endangered Species and Wetlands Addendum and Seller ~ 01A TREC NO. 20-6 Initialed for identification by ~ k'-. Contract Concerning 330 N. 5th Stn"pt T,;=} Portp rpy 77571 (Address of Property) . Page Seven 01-06-03 o Loan Assumption Addendum o Buyer's Temporary Residential Lease o Seller's Temporary Residential Lease o Addendum for Sale of Other Property by Buyer o Addendum for Seller's Disclosure of Information on Lead-based Paint and Lead-based Paint Hazards as Required by Federal Law o Other (list): o Addendum for "Back-Up" Contract o Addendum for Coastal Area Property o Addendum for Property Located Seaward of the Gulf Intracoastal Waterway o Addendum for Release of Liability on Assumption of FHA, VA, or Conventional Loan Restoration of Seller's Entitlement for VA Guaranteed Loan 23. TERMINATION OPTION: This paragraph will be a part of this contract ONLY if both blankJi are filled in and Buyer has paid the Option Fee. Buyer has paid Seller $ U (Option Fee) for the unrestricted right to terminate this contract by giving notice of termination to Seller within 0 days after the effective date of this contract. If Buyer gives notice of termination within the time specified, the Option Fee will not be refunded, however, any earnest money will be refunded to Buyer. The Option Fee Owill Owill not be credited to the Sales Price at closing. For the purposes of this paragraph, time is of the essence; strict compliance with the time for performance stated herein is required. 24. CONSULT AN ATTORNEY: Real estate licensees cannot give legal advice. READ THIS CONTRACT CAREFULLY. If you do not understand the effect of this contract, consult an attorney BEFORE signing. Buyer's Attorney is: Telephone: (_) Seller's Attorney is: John D. Armstrong ASKINS & ARMSTRONG, P.C. P () Box l?lR. T.;> Porte, TX 77572 Telephone: ( 281) 471-1886 Facsimile: ( 281 ) 471-2047 Facsimile: (_) EXECUTED the 11 day of ~~ (BROKER: FILL IN THE DATE OF FINA ACCEPTANCE.) Onaa- L-: ~h Buyer Buyer I 20~ (EFFECTIVE DATE). s~!wJ~~ Seller The form of this contract has been approved by the Texas Real Estate Commission. TREC forms are intended for use only by trained real estate licensees. No representation is made as to the legal validity or adequacy of any provision in any specific transactions. It is not suitable for compiex transactions. Texas Real Estate Commission, P.O. Box 12188, Austin, TX 78711-2188, 1-800-250-8732 or (512) 459-6544 (http://www.trec.state.tx.us)TRECNO.20-6.This form replaces TREC NO. 20-5. Initialed for identification by Buyer and Seller M- 01A TREC NO. 20-6 Contract Concerning 330 N. 5th StrRPt T~ PnT~e T~ 77571 (Address of Property) . Page Eight 01-06-03 Receipt of $ COption Fee) in the form is acknowledged. Seller Date Listing Broker has agreed to pay Other Broker when Listing Broker's fee is received. Escrow Agent is authorized Listing Broker's fee at closing. BROKER INFORMATION FEE of the total sales price to pay Other Broker from Other Broker License No. License No. , Telephone represents 0 Buyer only as Buyer's agent o Seller as Listing Broker's subagent represents 0 Seller and Buyer as an intermediary o Seller only as Seller's agent Associate Telephone Listing Associate Telephone Broker's Address Listing Associate's Office Address Facsimile Facsimile Selling Associate Telephone Selling Associate's Office Address Facsimile RECEIPT Receipt of 0 Contract and 0 $ is acknowledged. Escrow Agent: Earnest Money in the form of Date: By: Address Telephone C_) City State Zip Facsimile: C_) 01 A TREe NO. 20-6 Aln-OH4 '0:21a", rram-IVuninatl,. .tual ZB1 ~BS iBT4 T-OS( P,002/~Oa F-4;O ~ ~J 02-09-2004 PR,OMUL.GAlCD tlV TH! TeXAS R~AL ~STAT! C~M:..nSStON (TRee) I .~ TH!RD PARTY PlNANCING CONDI~IqN ADDENDUM ! i il TO CONTRACT CONCERNING THE pitOPE~TY AT 330M. S~h s~%eet~ ~a Pc~~~, II~a. " (StrMt AGclrus !lnd elM' : Buyer S1'161l ~pply promptJ)I for all ftnanc:lng d~erlbed below and mike every reasonable effort to ootaln nnanc;;lng approvilJ '1I"Idualng but /'lot limIted to furnishing all information and doaJments required by lel'\~er tor approval. Flnanc:lng approval will be deemed to nave be~n obtlln'd when the lender datermln1il5 tha~ Bwer has letJafied all of lender's tlnllnt:hll rtlC/ulr-ements (those Items ntJi!ltlng to Buyer's 'liI.et:s,lnl:om~ and credit history). If Suyer, cannot o~taln financing ilIPproval, euver must gfve wrItten notlc;;e to S~lIer within _ day. a~el":,t~e _ffeCtlve aat. of thli contr'lld; and thIs contract will termln.tlJ ~nd the eirneet mon~ will be refunded to Buyer. If Buyer ctoe. not give .uch notice within the tlrn. aUowecl, thl. c:antl1lcr wll' no longer b. ....bject to Buyer being appraved. fOr the financing dacrllMd _law, ..or p...rpo.. of this CMnlg...P~ time.. of the ....en~; strict compliance ,with the tI...... 'or perfD.....nce tI.....in RattKIls reaulred. each no~ must b~ .leL/red by vendo~i and t:lt!led of trust liens, i!1 A.. CpNVEN'110NAL. FINANCING: , i ""'0 5 l!f (1) A f1l11t mortgage loan I., th. pl'lndpal 4mount or $ " ..1, co (exc:ludlng any flnangJdPMJ premium), clue In fulf In~ ~ L __yeer(&), w:th Interqt not to exceed -=.l.........- '*' per annum fer the first _ -L ?elr(') of the loan with Leal"! Fees (104,tl o"9Ina~10l1~ dl,cDunt,' buy~down, and Fowmltment fee,) not to eXe8ed -/ :>.- % of the lOll". . " lJ:I (2) A second mortgage loin In the principal amounfof$ Z.J,OOO (excluding any !'InAnced PMl.. preml~m)r d~ In full In -E1 ~ W ,year(I)$ with Interest not tel exceed ~ % per ann",m for tne first ~ _ " _yel!llr(s) or the r~n with Loan Fees (Io.~ :.ortgroatlon, dl~ou"t, bUY-down.,. and commrtment fees) not to exceed IJt A '. % Of the l<NIn. ! aft teXAS vmRANS' HOUSING ASSISTANce PROGRAM, LOAN: A Texas Veteran'~ HousIng Assistance PrOirtJm Lio..,J{ of $ for a pe~iod of at least yell"l It th. Inrltest ra~ e6tabllsnedby the Tl!)(lts Vet~rlnJi !.end 80elrd at the time Qf clc5ing. I Cle. FHA INSURED FINANCIN(;: A Section ! [FHA InJured loen of not len than $ I (ilxeludlng any fJneanced HiP), amcrtl:z:able monthly for not lea than years, with Inter.it not to exceed % per ~nnum for the flret ye.r(s) of the loan With lO'I'1Fee, (loan orlglnatlo/"l, discount, b~y~dow/"tf and commitment fe8:l) not to eXQiled ,% of the loan. M. required by HUO-fHA, If FHA 'Ialuatlon Is unknown, lilt is e;tprs5$lY agreet1 thl'Jt, notwfthstandlng ilrtY ot:"er "revlsion of this COfttraet, the purchaser (Suyer) sh.1I not I>> tJbllgated to wmplete the pUrchase Of the Prop6l'ty deKrlb$i he/em 0(' to Incur .ny pdtUllry by fOrfeit",.. 0( eamest mOi'Jey depDS/ts or othfitrwl. unless the pu.-dJ(I'" (Buy_r) I'Il1$ been !j(lItm in ilccordanc. wlrtf H/JD/FHA or VA requirements . written stacemdnt IssUlld by the Pede"'l 110US/tlQ C"m'ml$s;oner, CJep.rtment or Ve~tls Aff.in;, or. Diret:r cndorB.mfJnt Llfnctsr setting forth th~ .ppraised value of the Property of not lea thitn $_.... ",,-' The pUl'C"'ftr :(tftlY.") sh.J/ h.ve the prIVilege ana cptlor: of proc.flfiing wirll 'cc"~mmatJO('t of thd eon~ct ~~outrt!IQ.rd to Me ~mou"r Df ths .ppf1#lsed v.luatlon. i me appraISe(} ~BII.J't1on Is .rriVed.t to datermftra the maxfmum . mOftOiige the DePlI"tJ1re~t of Housing ilftd Urb.rr Dev~Mt will ;nsurw. HUO does not I warrant tna viflu. Or pt., *.:...condltiOrr of the PrOptJrtV. ~. 'P.... ufClM,ar (Suye,.) should S_66!y h!mseff/h.-salf rnfJt ~ p'fe .nd the condit/on of the P~pef' Me iJcceptable. . 11l1n1ileo rer loen . . I Third Party FinanCing Condition Addendum Concemlng Page Two 02-09-2004 330 N 5th stl:eet.. c.La......Porte. TAxas (Address of Property) (J D. VA GUARANTEED FINANCING: A VA guaranteed loan of not less than $ (excluding any flnanced Funding Fee), amortizable monthly fOf not less than years, with Interest not to exceed % per annum for the first year(s) of the loan with Loan Fees (loan origination, discount, buy-down, and commitment fees) not to exceed % of the loan. VA NOTICE TO BUYER: "It is expressly agreed thett, notwithstanding any other provIsIons of this contract, the Buyer shall not incur any penalty by forfeiture of earnest money or otherwise or be obligated to complete the purchase of the Property described herein, if the contract purchase price or cost exceeds the reasonable value of the Property established by the Dep"rtment of Veterans Affairs. The Buyer shall, however, have the privilege and option of proceeding with the consummation of thIs contract without regard to the amount of the reasonable value established by the Department of Veterans Affairs. " If Buyer elects to complete the purchase at an amount In excess of the reasonable value established by VA, Buyer shall pay such excess amount In cash from a source which Buyer agrees to disclose to the VA and which Buyer rep~esents will not be from borrowed funds except as approved by VA. If VA reasonable value of the Property Is less than the Sales Price, Seller may reduce the Sales Price to an amount equal to the VA reasonable value and the sale will be closed at the lower Sa les Price with proportIonate adjustments to the down payment and the loan amount. Buyer hereby authorIzes any lender to fumlsh to the Seller or Buyer or their representatives Information relating only to the status of financing approval of auyer. ~,,",-L\)J ~ I Buyer 6uyer Seller This form hilS been approved by the Texas Real Estate CommIssion for use with similarly approved or promulgated contract forms. SuCh apprOval relates to this form only. TREC forms are intended for use only by trained real estate licensees. No representation is mllde as to the legal validity or adequacy of any proviSion In any specific transactions. It is not suitable for complex transactions. Texas Real Estate Commission, P.O. Box 12188, Austin, TX 78711-2188, 1-800-250-8732 or (512) 459-6544 (http://www.trec::.!ltate.bt.us)TREeNo.40-1.This form replacfi TR.!;C NQ. 40-0. 01A ------- REQUEST FOR CITY COUNCIL AGENDA ITEM Department: Planning Appropriation , Agenda Date Requested: Requested By: Source of Funds: N/A Account Number: N/A Report: Resolution: Ordinance: x Amount Budgeted: N/A Exhibits: Ordinance Amount Requested: NI A Exhibits: Sales Contract Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION The City is participating in the HOME Program through Harris County in what has been referred to as the Northside Grant. The City was to construct two "model" homes to sell to qualified individuals. Nine other homes were to be constructed with the City assisting with down payments in the amounts of about $22,000 per applicant. The builder, Bayou Housing, would deal direct with the applicants on those nine. The City is about to close on the first two ''model'' homes. City Council is requested to authorize 1) the sale of the two homes; and 2) the City Manager as the City's representative to execute the closing documents. Both are identical except for the locations and selling price. This item is for the 1,485 sq. ft. home at 323 North 7th Street priced at $85,000. Action Required bv Council: Consider approval of an ordinance authorizing the sale of the home located at 323 N. 7th Street as part of the City's HOME Grant, and authorizing the City Manager as the City's representative to execute the closing documents. A ~ --&-01 Date ORDINANCE NO. 2004- ~ 1 f b AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE (SELLER) AND WILLIE E. COLLINS (BUYER) FOR THE SALE OF A MODEL HOME LOCATED AT 323 N. 7TH STREET, MORE SPECIFICALLY DESCRIBED AS LOTS 29 AND 30 OF BLOCK 77, LA PORTE, TX 77571, AS PART OF THE HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM FOR THE CITY OF LA PORTE, TEXAS; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. ORDINANCE NO. 2004- a 1/&> PASSED AND APPROVED, this Ii- U~ay of Af-i I CITY OF LA PORTE ~ : Peter Griffith~, Mayor ProTem ATTEST: ~1 ltAJICt1f ttft)UV artha A. Gillett City Secretary PAGE 2 ,2004. G:t PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREe) ONE TO FOUR FAMILY RESIDENTIAL CONTRACT (RESALE) NOTICE: Not For Use For Condominium Transactions 01-06-03 IQUAL HOU.'NO DPPOATVNfTT 1. PARTIES: sell and convey to Buyer agrees rom Seller the Property described below. (Seller) agrees to (Buyer) and 29 and 30 (address/zip code), or as described 0 ched exhibit. IMPROVEMENTS: The house, ar It-other fixt . ements attached to the ropertY, --mc uding without limitation, the following permanently installed and built-in items, if any: all equipment and appliances, valances, screens, shutters, . awnings, wall-to-wall carpeting, mirrors, ceiling fans, attic fans, mail boxes, television ~ antennas and satellite dish system and equipment, heating and air-conditioning units, /) security and fire detection equipment, wiring, plumbing and lighting fixtures, chandeliers, , ''\' water softener system, kitchen equipment, garage door openers, cleaning equipment, ~f-1;hrUbbery, landscaping, outdoor cooking equipment, and all other property owned by Seller and attached to the above described real property. C. ACCESSORIES: The following described related accessories, if any: window air conditioning units, stove, fireplace screens, curtains and rods, blinds, window shades, draperies and rods, controls for satellite dish system, controls for garage door openers, entry gate controls, door keys, mailbox keys, above ground pool, swimming pool equipment and maintenance accessories, and artificial fireplace logs. D. EXCLUSIONS: The following improvements and accessories will be retained by Seller and excluded: The land, improvements and accessories are collectively referred to as the "Property". 3. SALES PRICE: A. Cash portion of Sales Price payable by Buyer at closing.................. $ B. Sum of all financing described below (excluding any loan funding fee or mortgage insurance premium) .......................................... $ c. Sales Price (Sum of A and B) ..................................................... $ 500.00 84.500.00 85.000,00 4. FINANCING: The portion of Sales Price not payable in cash will be paid as follows: (Check applicable boxes below) . Ga A. THIRD PARTY FINANCING: One or more third party mortgage loans in the total amount of $ 8<1. <;00 00 . If the Property does not satisfy the lenders' underwriting requirements for the loan(s), this contract will terminate and the earnest money will be refunded to Buyer. (Check one box only) 0(1) This contract is subject to Buyer being approved for the financing described in the attached Third Party Financing Condition Addendum. 0(2) This contract is not subject to Buyer being approved for financing and does not involve FHA or VA financing. o B. ASSUMPTION: The assumption of the unpaid principal balance of one or more promissory notes described in the attached TREC Loan Assumption Addendum. o C. SELLER FINANCING: A promissory note from Buyer to Seller of $ , bearing % interest per annum, secured by vendor's and deed of trust liens, and containing the terms and conditions described in the attached TREC Seller Financing Addendum. If an owner policy of title insurance is furnished, Buyer shall furnish Seller with a mortgagee policy of title insurance. 5. EARNEST MONEY: Upon execution of this contract by both parties, Buyer shall deposit $ <;on nn as earnest money with Fi np 1 ; t-y 'T'; t-l p , as escrow agent, at (address). Buyer shall deposit additional earnest money of $ with escrow agent within days after the effective date of this contract. If Buyer fails to deposit the earnest money as required by this contract, Buyer will be in default. Initialed .for identification by BuyerJ' 01A TREC NO. 20-6 Contract Concerning 323 N. 7th St.. La P0rte. TX (Address of Property) Page Two 01-06-03 6. TITLE POLICY AND SURVEY: A. TITLE POLICY: Seller shall furnish to Buyer at OSeller1s OBuyer1s expense an owner policy of title insurance (Title Policy) issued by (Title Company) in the amount of the Sales Pricel dated at or after c10singl insuring Buyer against loss under the provisions of the Title PolicYI subject to the promulgated exclusions (including existing building and zoning ordinances) and the following exceptions: (1) Restrictive covenants common to the platted subdivision in which the Property is located. (2) The standard printed exception for standby feesl taxes and assessments. (3) Liens created as part of the financing described in Paragraph 4. (4) Utility easements created by the dedication deed or plat of the subdivision in which the Property is located. (5) Reservations or exceptions otherwise permitted by this contract or as may be approved by Buyer in writing. (6) The standard printed exception as to marital rights. (7) The standard printed exception as to watersl tidelandsl beachesl streams, and related matters. (8) The standard printed exception as to discrepancies, conflicts, shortages in area or boundary lines, encroachments or protrusions, or overlapping improvements. Buyer, at Buyers expense, may have the exception amended to readl "shortages in area". B. COMMITMENT: Within 20 days after the Title Company receives a copy of this contract, Seller shall furnish to Buyer a commitment for title insurance (Commitment) andl at Buyer's expense, legible copies of restrictive covenants and documents evidencing exceptions in the Commitment (Exception Documents) other than the standard printed exceptions. Seller authorizes the Title Company to mail or hand deliver the Commitment and Exception Documents to Buyer at Buyer's address shown in Paragraph 21. If the Commitment and Exception Documents are not delivered to Buyer within the specified time, the time for delivery will be automatically extended up to 15 days or the Closing Dater whichever is earlier. C. SURVEY: The survey must be made by a registered professional land surveyor acceptable to the Title Company and any lender. (Check one box only) o (1) Within days after the effective date of this contractr Sellerr at Seller1s expenser shall furnish a new survey to Buyer. o (2) Within days after the effective date of this contract, Buyer, at Buyer1s expense, shall obtain a new survey. o (3) Within days after the effective date of this contract, Seller shall furnish Seller's existing survey of the Property to Buyer and the Title Company, along with Seller's affidavit acceptable to the Title Company for approval of the survey. If the survey is not approved by the Title Company or Buyer's lenderl a new survey will be obtained at o Seller's 0 Buyer's expense no later than 3 days prior to the Closing Date. D. OBJECTIONS: Within _ days after Buyer receives the Commitment, Exception Documents and the surveYI Buyer may object in writing to defects, exceptions, or encumbrances to title: disclosed on the survey other than items 6A(1) through (7) above; disclosed in the Commitment other than items 6A(1) through (8) above; or which prohibit the following use or activity: . Buyer's failure to object within the time allowed will constitute a waiver of Buyer1s right to object; except that the requirements in Schedule C of the Commitment are not waived. Seller shall cure the timely objections of Buyer or any third party lender within 15 days after Seller receives the objections and the Closing Date will be extended as necessary. If objections are not cured within such 15 day period, this contract will terminate and the earnest money will be refunded to Buyer unless ~uyer waives the objections. E. TITLE NOTICES: (1) ABSTRACT OR TITLE POLICY: Broker advises Buyer to have an abstract of title covering the Property examined by an attorney of Buyer1s selection, or Buyer should be furnished with or obtain a Title Policy. If a Title Policy is furnished, the Commitment should be promptly reviewed by an attorney of Buyer1s choice due to the time limitations on Buyer1s right to object. (2) MANDATORY OWNERS' ASSOCIATION MEMBERSHIP: The Property 0 is 0 is not subject to mandatory membership in an owners' association. If the Property is subject to mandatory membership in an owners' association 1 Seller notifies Buyer under 95.0121 Texas Property Codel that, as a purchaser of property in the residential community in Initialed for identification by Buyer JiiJ, e. U and Seller M- 01A TREC NO. 20-6 Contract Concerning 323 N. 7th St., La Porte, TX Page Three 01-06-03 (Address of Property) which the Property is located, you are obligated to be a member of the owners' association. Restrictive covenants governing the use and occupancy of the Property and a dedicatory instrument governing the establishment, maintenance, and operation of this residential community have been or will be recorded in the Real Property Records of the county in which the Property is located. Copies of the restrictive covenants and dedicatory instrument may be obtained from the county clerk. You are obligated to pay assessments to the owners' association. The amount of the assessments is subject to change. Your failure to pay the assessments could result in a lien on and the foreclosure of the Property. (3) STATUTORY TAX DISTRICTS: If the Property is situated in a utility or other statutorily created district providing water, sewer, drainage, or flood control facilities and services, Chapter 49, Texas Water Code requires Seller to deliver and Buyer to sign the statutory notice relating to the tax rate, bonded indebtedness, or standby fee of the district prior to final execution of this contract. (4) TIDE WATERS: If the Property abuts the tidally influenced waters of the state, 933.135, Texas Natural Resources Code, requires a notice regarding coastal area property to be included in the contract. An addendum containing the notice promulgated by TREC or required by the parties must be used. (5) ANNEXATION: If the Property is located outside the limits of a municipality, Seller notifies Buyer under 95.011, Texas Property Code, that the Property may now or later be included in the extraterritorial jurisdiction of a municipality and may now or later be subject to annexation by the municipality. Each municipality maintains a map that depicts its boundaries and extraterritorial jurisdiction. To determine if the Property is located within a municipality's extraterritorial jurisdiction or is likely to be located within a municipality's extraterritorial jurisdiction, contact all municipalities located in the general proximity of the Property for further information. 7. PROPERTY CONDITION: A. INSPECTIONS, ACCESS AND UTILITIES: Buyer may have the Property inspected by inspectors selected by Buyer and licensed by TREC or otherwise permitted by law to make inspections. Seller shall permit Buyer and Buyer'S agents access to the Property at reasonable times. Seller shall pay for turning on existing utilities for inspections. B. SELLER'S DISCLOSURE NOTICE PURSUANT TO 95.008, TEXAS PROPERTY CODE (Notice): (Check one box only) D (1) Buyer has received the Notice. D (2) Buyer has not received the Notice. Within days after the effective date of this contract, Seller shall deliver the Notice to Buyer. If Buyer does not receive the Notice, Buyer may terminate this contract at any time prior to the closing and the earnest money will be refunded to Buyer. If Seller delivers the Notice, Buyer may terminate this contract for any reason within 7 days after Buyer receives the Notice or prior to the closing, whichever first occurs, and the earnest money will be refunded to Buyer. D (3) The Texas Property Code does not require this Seller to furnish the Notice. C. SELLER'S DISCLOSURE OF LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS is required by Federal law for a residential dwelling constructed prior to 1978. D. ACCEPTANCE OF PROPERTY CONDITION: Buyer accepts the Property in its present condition; provided Seller, at Seller's expense, shall complete the following specific repairs and treatments: E. LENDER REQUIRED REPAIRS AND TREATMENTS: Unless otherwise agreed in writing, neither party is obligated to pay for lender required repairs, which includes treatment for wood destroying insects. If the parties do not agree to pay for the lender required repairs or treatments, this contract wilt terminate and the earnest money will be refunded to Buyer. If the cost of lender required repairs and treatments exceeds 5% of the Sales Price, Buyer may terminate this contract and the earnest money will be refunded to Buyer. F. COMPLETION OF REPAIRS AND TREATMENTS: Unless otherwise agreed in writing, Seller shall complete all agreed repairs and treatments prior to the Closing Date. All required permits must be obtained, and repairs and treatments must be performed by persons who are licensed or otherwise authorized by law to provide such repairs or treatments. At Buyer's election, any transferable warranties received by Seller with respect to the repairs and treatments will be transferred to Buyer at Buyer's expense. If Seller fails to complete any agreed repairs and Initialed for identification by Buyer /W e.-L- and Seller h1'J....-r- 01 A TREC NO. 20-6 Contract Concerning 323 N. 7th St.. La Porte. TX Page Four 01-06-03 (Address of Property) treatments prior to the Closing Date, Buyer may do so and receive reimbursement from Seller at closing. The Closing Date will be extended up to 15 days, if necessary, to complete repairs and treatments. G. ENVIRONMENTAL MATTERS: Buyer is advised that the presence of wetlands, toxic substances, including asbestos and wastes or other environmental hazards, or the presence of a threatened or endangered species or its habitat may affect Buyer's intended use of the Property. If Buyer is concerned about these matters, an addendum promulgated by TREC or required by the parties should be used. H. RESIDENTIAL SERVICE CONTRACTS: Buyer may purchase a residential service contract from a residential service company licensed by TREC. If Buyer purchases a residential service contract, Seller shall reimburse Buyer at closing for the cost of the residential service contract in an amount not exceeding $ . Buyer should review any residential service contract for the scope of coverage, exclusions and limitations. The purchase of a residential service contract is optional. Similar coverage may be purchased from various companies authorized to do business in Texas. 8. BROKERS' FEES: All obligations of the parties for payment of brokers' fees are contained in separate written agreements. 9. CLOSING: t\ ~ ~ I A. The closing of the sale will be on or before ~ vIOf(}) 30 , 20~ or within 7 days after objections to matters disclosed in the Commitment or by the survey have been cured, whichever date is later (Closing Date). If either party fails to close the sale by the Closing Date, the non-defaulting party may exercise the remedies contained in Paragraph 15. B. At closing: (1) Seller shall execute and deliver a general warranty deed conveying title to the Property to Buyer and showing no additional exceptions to those permitted in Paragraph 6 and furnish tax statements or certificates showing no delinquent taxes on the Property. (2) Buyer shall pay the Sales Price in good funds acceptable to the escrow agent. (3) Seller and Buyer shall execute and deliver any notices, statements, certificates, affidavits, releases, loan documents and other documents required of them by this contract, the Commitment or law necessary for the closing of the sale and the issuance of the Title Policy. C. Unless expressly prohibited by written agreement, Seller may continue to show the Property and receive, negotiate and accept'back up offers. D. All covenants, representations and warranties in this contract survive closing. 10. POSSESSION: Seller shall deliver to Buyer possession of the PropertY. in its present or required condition, ordinary wear and tear excepted: 0 upon closing and funding 0 according to a temporary residential lease form promulgated by TREC or other written lease required by the parties. Any possession by Buyer prior to closing or by Seller after closing which is not authorized by a written lease will establish a tenancy at sufferance relationship between the parties. Consult your insurance agent prior to change of ownership or posseSSion because insurance coverage may be limited or terminated. The absence of a written lease or appropriate insurance coverage may expose the parties to economic loss. 11. SPECIAL PROVISIONS: (Insert only factual statements and business details applicable to the sale. TREC rules prohibit licensees from adding factual statements or business details for which a contract addendum, lease or other form has been promulgated by TREC for mandatory use.) ***THE CITY OF LA PORTE MAKES NO REPRESENTATIONS OR WARRANTY WHATSOEVER WHETHER EXPRESSED, IMPLIED OR STATUTORY WITH RESPECT TO THE PROPERTY. BUYER AGREES THAT BUYER IS NOT RELYING ON ANY WARRANTY OR REPRESENTATIONS OF CITY OR ANY AGENT, EMPLO mE, REPRESENTATIVE, DIRECTOR OR OFFICER OF CITY. ***ALL WARRANTIES ARE THROUGH THE BUILDER: BAYOU HOUSING PARTNERS, INC. Initialed for identification by Buyer//)J~. C and Seller ~+- 01A TREC NO. 20-6 Contract Concerning 323 No 7th St., La Porte, TX Page Five 01-06-03 (Address of Property) 12. SETTLEMENT AND OTHER EXPENSES: A. The following expenses must be paid at or prior to closing: (1) Expenses payable by Seller (Seller's Expenses): (a) Releases of existing liens, including prepayment penalties and recording fees; release of Seller's loan liability; tax statements or certificates; preparation of deed; one-half of escrow fee; and other expenses payable by Seller under this contract. (b) Seller shall also pay an amount not to exceed $ to be applied in the following order: Buyer's Expenses which Buyer is prohibited from paying by FHA, VA, Texas Veteran's Housing Assistance Program or other governmental loan programs; Buyer's prepaid items; other Buyer's expenses. (2) Expenses payable by Buyer (Buyer's Expenses): (a) Loan origination, discount, buy-down, and commitment fees (Loan Fees). (b) Appraisal fees; loan application fees; credit reports; preparation of loan documents; interest on the notes from date of disbursement to one month prior to dates of first monthly payments; recording fees; copies of easements and restrictions; mortgagee title policy with endorsements required by lender; loan-related inspection fees; photos, amortization schedules, one-half of escrow fee; all prepaid items, including required premiums for flood and hazard insurance, reserve deposits for insurance, ad valorem taxes and special governmental assessments; final compliance inspection; courier fee, repair inspection, underwriting fee and wire transfer, expenses incident to any loan, and other expenses payable by Buyer under this contract. B. Buyer shall pay Private Mortgage Insurance Premium (PM I), VA Loan Funding Fee, or FHA Mortgage Insurance Premium (MIP) as required by the lender. C. If any expense exceeds an amount expressly stated in this contract for such expense to be paid by a party, that party may terminate this contract unless the other party agrees to pay such excess. Buyer may not pay charges and fees expressly prohibited by FHA, VA, Texas Veteran's Housing Assistance Program or other governmental loan program regulations. 13. PRORATIONS: Taxes for the current year, interest, maintenance fees, assessments, dues and rents will be prorated through the Closing Date. If taxes for the current year vary from the amount prorated at closing, the parties shall adjust the prorations when tax statements for the current year are available. If taxes are not paid at or prior to closing, Buyer shall pay taxes for the current year. 14. CASUAL TV LOSS: If any part of the Property is damaged or destroyed by fire or other casualty after the effective date of this contract, Seller shall restore the Property to its previous condition as soon as reasonably possible, but in any event by the Closing Date. If Seller fails to do so due to factors beyond Seller's control, Buyer may (a) terminate this contract and the earnest money will be refunded to Buyer (b) extend the time for performance up to 15 days and the Closing Date will be extended as necessary or (c) accept the Property in its damaged condition with an assignment of insurance proceeds and receive credit from Seller at closing in the amount of the deductible under the insurance policy. Seller's obligations under this paragraph are independent of any obligations of Seller under Paragraph 7. 15. DEFAULT: If Buyer fails to comply with this contract, Buyer will be in default, and Seller may (a) enforce speCific performance, seek such other relief as may be provided by law, or both, or (b) terminate this contract and receive the earnest money as liquidated damages, thereby releasing both parties from this contract. If, due to factors beyond Seller's control, Seller fails within the time allowed to make any non-casualty repairs or deliver the Commitment, or survey, if required of Seller, Buyer may (a) extend the time for performance up to 15 days and the Closing Date will be extended as necessary or (b) terminate this contract as the sole remedy and receive the earnest money. If Seller fails to' comply with this contract for any other reason, Seller will be in default and Buyer may (a) enforce specific performance, seek such other relief as may be provided by law, or both, or (b) terminate this contract and receive the earnest money, thereby releasing both parties from this contract. 16. MEDIATION: It is the policy of the State of Texas to encourage resolution of disputes through alternative dispute resolution procedures such as mediation. Any dispute between Seller and Buyer related to this contract which is not resolved through informal discussion Owill Owill not be submitted to a mutually acceptable mediation service or provider. The parties to the mediation shall bear the mediation costs equally. This paragraph does not preclude a party from seeking equitable relief from a court of competent jurisdiction. Initialed for identification by Buyer/a) e: ~ and Seller J\..-i- 01A TREC NO. 20-6 ~ IJo Contract Concerning Page Six 01-06-03 171 N 7rh Sr . Tori Pnrh" 'T'X (Address of Property) 17. ATTORNEY'S FEES: The prevailing party in any legal proceeding related to this contract is entitled to recover reasonable attorney's fees and all costs of such proceeding incurred by the prevailing party. 18. ESCROW: The escrow agent is not (a) a party to this contract and does not have liability for the performance or nonperformance of any party to this contract, (b) liable for interest on the earnest money and (c) liable for the loss of any earnest money caused by the failure of any financial institution in which the earnest money has been deposited unless the financial institution is acting as escrow agent. At closing, the earnest money must be applied first to any cash down payment, then to Buyer's Expenses and any excess refunded to Buyer. If both parties make written demand for the earnest money, escrow agent may require payment of unpaid expenses incurred on behalf of the parties and a written release of liability of escrow agent from all parties. If one party makes written demand for the earnest money, escrow agent shall give notice of the demand by providing to the other party a copy of the demand. If escrow agent does not receive written objection to the demand from the other party within 30 days after notice to the other party, escrow agent may disburse the earnest money to, the party making demand reduced by the amount of unpaid expenses incurred on behalf of the party receiving the earnest money and escrow agent may pay the same to the creditors. If escrow agent complies with the provisions of this paragraph, each party hereby releases escrow agent from all adverse claims related to the disbursal of the earnest money. Escrow agent's notice to the other party will be effective when deposited in the U. S. Mail, postage prepaid, certified mail, return receipt requested, addressed to the other party at such party's address shown below. Notice of objection to the demand will be deemed effective upon receipt by escrow agent. 19. REPRESENTATIONS: Seller represents that as of the Closing Date (a) there will be no liens, assessments, or security interests against the Property which will not be satisfied out of the sales proceeds unless securing payment of any loans assumed by Buyer and (b) assumed loans will not be in default. If any representation of Seller in this contract is untrue on the Closing Date, Buyer may terminate this contract and the earnest money will be refunded to Buyer. 20. FEDERAL TAX REQUIREMENTS: If Seller is a "foreign person," as defined by applicable law, or if Seller fails to deliver an affidavit to Buyer that Seller is not a "foreign person," then Buyer shall withhold from the sales proceeds an amount sufficient to comply with applicable tax law and deliver the same to the Internal Revenue Service together with appropriate tax forms. Internal Revenue Service regulations require filing written reports if currency in excess of specified amounts is received in the transaction. 21. NOTICES: All notices from one party to the other must be in writing and are effective when mailed to, hand-delivered at, or. transmitted by facsimile as follows: To Buyer at: To Seller at: WILLIE E. COLLINS (,T'T'Y nF TJI, pn'R'T'F.. 'T'X '1 '1 ry :) 0 I-V+h 'K. ~+ fr ~ 18 604 W. Fairmont Pkwy. ffoushJY\ J IX. 77611 La Porte, TX 77571 Telephone:~) Jf1/ - :2 7 O~ Telephone:( 281 ) .171 <;n?n Facsimile:(_) Facsimile:(_) 22. AGREEMENT OF PARTIES: This contract contains the entire agreement of the parties and cannot be changed except by their written agreement. Addenda which are a part of this contract are (check all applicable boxes): o Third Party Financing Condition Addendum o Addendum for Property Subject to Mandatory Membership in an Owners' Association o Seller Financing Addendum o Environmental Assessment, Threatened or Endangered Species and Wetlands Addendum and Seller ~ 01A TREC NO. 20-6 [nitialed for identification by Buyer J'()/,.[. C. Contract Concerning 323 N. 7th St. , La Porte, TX (Address of Property) Page Seven 01-06-03 o Loan Assumption Addendum o Buyer1s Temporary Residential Lease o Seller's Temporary Residential Lease o Addendum for Sale of Other Property by Buyer o Addendum for "Back-Up" Contract o o o Addendum for Coastal Area Property Addendum for Property Located Seaward of the Gulf Intracoastal Waterway Addendum for Release of Liability on Assumption of FHA, VA, or Conventional Loan Restoration of Seller1s Entitlement for VA Guaranteed Loan o Addendum for Seller's Disclosure of Information on Lead-based Paint and Lead-based Paint Hazards as Required by Federal Law o Other (list): 23. TERMINATION OPTION: This paragraph will be a part of this contract ONLY if both blanks are filled in and Buyer has paid the Option Fee. Buyer has paid Seller $ (Option Fee) for the unrestricted right to terminate this contract by giving notice of termination to Seller within days after the effective date of this contract. If Buyer gives notice of termination within the time specified, the Option Fee will not be refunded, however, any earnest money will be refunded to Buyer. The Option Fee Owill Owill not be credited to the Sales Price at closing. For the purposes of this paragraph, time is of the essence; strict compliance with the time for performance stated herein is required. 24. CONSULT AN ATTORNEY: Real estate licensees cannot give legal advice. READ THIS CONTRACT CAREFULLY. If you do not understand the effect of this contract, consult an attorney BEFORE signing. Buyer'S Attorney is: Seller's Attorney is: John f). Armsrrnng P. o. Bnx 1:/1 R T.rI Port'",. 'T'Y 77572 Telephone: (_) Telephone: (281) 471-1886 Facsimile: (_) Facsimile: (--2lll) 471-2047 EXECUTED the day of (BROKER: FILL IN THE DATE OF FINAL ACCEPTANCE.) . 20_ (EFFECTIVE DATE). ';J)fI~ ,I. CIJ~~ Buyer ~~~ Buyer Seller The form of this contract has been approved by the Texas Real Estate Commission. TREC forms are intended for use only by trained real estate licensees. No representation is made as to the legal validity or adequacy of any provision in any speCific transactions. It is not suitable for complex transactions. Texas Real Estate Commission, P.O. Box 12188, Austin, TX 78711-2188, 1-800-250-8732 or (512) 459-6544 (http://www.trec.state.tx.us)TRECNO.20-6.This form replaces TREC NO. 20-5. Initialed for identification by Buyer.j()) e. 0 and Seller r/S1o,r 01A TREC NO. 20-6 Contract Concerning 123 N. 7th St., La Porte, TX 77571 (Address of Property) Page Eight 01-06-03 SELLER'S RECEIPT Receipt of $ (Option Fee) in the form of is acknowledged. Date Seller BROKER INFORMATION AND RATIFICATION OF FEE Listing Broker has agreed to pay Other Broker of the total sales price when Listing Broker's fee is received. Escrow Agent is authorized and directed to pay Other Broker from Listing Broker's fee at closing. Listing Broker Other Broker License No. Telephone License No. Telephone represents 0 Buyer only as Buyer's agent o Seller as Listing Broker's subagent represents 0 Seller and Buyer as an intermediary o Seller only as Seller's agent Associate Telephone Listing Associate Telephone Listing Associate's Office Address Facsimile Broker's Address Telephone Facsimile Selling Associate Selling Associate's Office Address Facsimile RECEIPT Receipt of 0 Contract and 0 $ is acknowledged. Escrow Agent: Earnest Money in the form of Date: By: Telephone ( Address Facsimile: ( City State Zip 01A TREe NO. 20-6 €t 10-29-01 PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC) IQUAL NOU..... DPPOIlT\JNITT THIRD PARTY FINANCING CONDITION ADDENDUM TO CONTRACT CONCERNING THE PROPERTY AT 323 N. 7th Sf- T.,=, Pnrt-I'>. 'T'X 77571 (Street Address and City) Buyer shall apply promptly for all financing described below and make every reasonable effort to obtain financing approval. Financing approval will be deemed to have been obtained when the lender determines that Buyer has satisfied all of lender's financial requirements (those items relating to Buyer's assets, income and credit history). If financing (including any financed PMI premium) approval is not obtained within _ days after the effective date, this contract will terminate and the earnest money will be refunded to Buyer. Each note must be secured by vendor's and deed of trust liens. CHECK APPLICABLE BOXES: [B" A. CONVENTIONAL FINANCING: ur (1) A first mortgage loan in the principal amount of $ (P5! 000 . (excluding any financed PMI premium), due in full in 30 year(s), with interest not to exceed UI"I-- % per annum for the first ~O year(s) of the loan with Loan Fees not to exceed 1, % of the loan. The loan will be IE( with 0 without PMI. o (2) A second mortgage loan in the principal amount of $ Zl,OOO (excluding any financed PMI premium), due in full in 10 year(s), with interest not to exceed 0 % per annum for the first I C) year(s) of the loan with Loan Fees not to exceed Z, % of the loan. The loan will be 0 with ~without PMI. o B. TEXAS VETERANS' HOUSING ASSISTANCE PROGRAM LOAN: A Texas Veteran's Housing Assistance Program Loan of $ for a period of at least years at the interest rate established by the Texas Veteran's Land Board at the time of closing. Dc. FHA INSURED FINANCING: A Section FHA insured loan of not less than $ (excluding any financed MIP), amortizable monthly for not less than years, with interest not to exceed % per annum for the first year(s) of the loan with Loan Fees not to exceed % of the loan. As required by HUD-FHA, if FHA valuation is unknown, "It is expressly agreed that,. notwithstanding any other provision of this contract, the purchaser (Buyer) shall not be obligated to complete the purchase of the Property described herein or to incur any penalty by forfeiture of earnest money deposits or otherwise unless the purchaser (Buyer) has been given in accordance with HUD/FHA or VA requirements a written statement issued by the Federal Housing Commissioner, Department of Veterans Affairs, or a Direct Endorsement Lender setting forth the appraised value of the Property of not less than $. . The purchaser (Buyer) shall have the privilege and option of proceeding with consummation of the contract without regard to the amount of the appraised valuation. The appraised valuation is arrived at to determine the maximum mortgage the Department of Housing and Urban Development will insure. HUD does not warrant the value or the condition of the Property. The purchaser (Buyer) should satisfy himself/herself that the price and the condition of the Property are acceptable. n If the FHA appraised value of the Property (excluding closing costs and MIP) is less than the Sales Price, Seller may reduce the Sales Price to an amount equal to the FHA appraised value (excluding closing costs and MIP) and the sale will be closed at the lower Sales Price with proportionate adjustments to the down payment and loan amount. Initialed for identification by Buyer / fJ} .e. C,. and Seller i(1+- -, 01A Third Party Financing Condition Addendum Concerning Page Two 10-29-01 323 N. 7th St., La Porte, TX 77571 (Address of Property) o D. VA GUARANTEED FINANCING: A VA guaranteed loan of not less than $ (excluding any financed Funding Fee), amortizable monthly for not less than years, with interest not to exceed % per annum for the first year(s) of the loan with Loan Fees not to exceed % of the loan. VA NOTICE TO BUYER: "It is expressly agreed that, notwithstanding any other provisions of this contract, the Buyer shall not incur any penalty by forfeiture of earnest money or otherwise or be obligated to complete the purchase of the Property described herein, if the contract purchase price or cost exceeds the reasonable value of the Property established by the Department of Veterans Affairs. The Buyer shall, however, have the priVilege and option of proceeding with the consummation of this contract without regard to the amount of the reasonable value established by the Department of Veterans Affairs. n If Buyer elects to complete the purchase at an amount in excess of the reasonable value established by VA, Buyer shall pay such excess amount in cash from a source which Buyer agrees to disclose to the VA and which Buyer represents will not be from borrowed funds except as approved by VA. If VA reasonable value of the Property is less than the Sales Price, Seller may reduce the Sales Price to an amount equal to the VA reasonable value and the sale will be closed at the lower Sales Price with proportionate adjustments to the down payment and the loan amount. J Jd!19JLJ~~ v' 20M, ~ tl~ ~~ Buyer Buyer Seller This form has been approved by the Texas Real Estate Commission for use with similarly approved or promulgated contract forms. Such approval relates to this form only. TREC forms are intended for use only by trained real estate licensees. No representation is made as to the legal validity or adequacy of any provision in any specific transactions. It is not suitable for complex transactions. Texas Real Estate Commission, P.O. Box 12188, Austin, TX 78711- 2188, 1-800-250-8732 or (512) 459-6544 (http://www.trec.state.tx.us) TREC No. 40-0. 01A - - r ----------- ---------- ,..-------------- A REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 4/12/04 Appropriation Requested By: Sherri Sampson 55~~ Source of Funds: Department: H'lIllan Re~Qun:e~ Account Number: Report: X Resolution: Ordinance: Amount Budgeted: Exhibits: Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION Consider reviewing current trends, cost components, historical perspectives and pending Request for Proposal process with the City of La Porte Employee Medical Fund. Action Required bv Council: ~ CITY OF LA PORTE APRIL 12, 2004 AGENDA COUNCIL WORKSHOP ~ General Trends in Health Plans for today . Medical Inflation (micro/macro) . High Deductible Health Plans . HRAs and FSAs ~ Historical Perspective of the La Porte Health Plan . 5 years with TML . Prior self-funded PPO plan . Cost per employee/retiree per month . Plan Design ~ Health Plan Costs Components . Fixed fees . Claims costs . Reinsurance costs ~ Request For Proposal Process . Timing . Services Requested . Review process . Best & Final Offer (SAFO) . Timeline The Welch Company Neal W. Welch Diana Romagnoli Rising Costs In Healthcare The Factors Driving Rising Costs in Health Care Fraud & Other 5% I Litigation & Risk Management 7% Increased Consumer Demand 15% Government Mandates & Regulation 15% Rising Provider Expenses 18% Source: Pricewaterhouse Coopers, April 2002 Drugs, Medical Devices & Other Medical Advances 22% The Welch Company ~ .. - = ~ = ~ ~ = .. u 11:1 ..c ~ ~~. ~ l:l. ~~ ) AN EXAMPLE OF A BASIC HRA-HDHP DESIGN TRADITIONAL PLAN 80120 CO-INSURANCE HRA PLAN 0= INSURANCE PAYS 80120 CO-INSURANCE 1:]= HRA INITIAL YEAR VALUE _EMPLOYEE PAYS BUT HRA ELIGIBLE FOR REIMBURSEMENT 0= EMPLOYEE PAYS WITHOUT REIMBURSEMENT 1 CO-PAYMENTS MAY BE COVERED UNDER THE HRA 2 UNREIMBURSED HRA ELIGIBLE EXPENSES MAY BE PAID FROM FUTURE HRA DEPOSITS 3 UNUSED HRA FUNDS MAY ROLL FORWARD TO COVER FUTURE ELIGIBLE EXPENSES 4 EMPLOYEES MAY REACH A ZERO DEDUCTIBLE LEVEL OF COVERAGE IF HRA VALUES ACCUMULATE The Welch Company City of La Porte Annual Healthcare Cost per Employee/Retiree $8,000 450 $7,000 400 350 $6,000 300 $5,000 250 $4,000 200 $3,000 150 $2,000 100 $1,000 50 o $0 1994-95 1995-96 1996-97 1997-98 1998-99 1999-00 2000-01 2001-02 2002-03 2003-04 _ Avg Covered Employees/Retirees -+- Cost per Employee per Year The Welch Company City of La Porte Year 1994-95 1995-96 1996-97 1997-98 1998-99 1999-00 2000-01 2001-02 2002-03 2003-04 Annual Paid Claims $824,822 $732,952 $1,076,988 $1,359,490 $1,067,621 $1,242,247 $2,136,159 $2,910,772 $2,382,140 $2,413,304 . A vg Covered EmployeesIRetirees 304 307 317 330 346 366 385 386 406 404 Cost per Employee per Year $2,713 $2,387 $3,397 $4,120 $3,066 $3,394 $5,548 $7,541 $5,867 $5,974 .2004 annualized with 11 mon; City of La Porte Annual Healthcare Cost per EmployeelRetiree $8,000 r 400 $7,000 $6,000 350 $5,000 300 250 $4,000 200 $3,000 150 $2,000 100 $1,000 50 $0 o 1994-95 1995-96 1996-97 1997-98 1998-99 1999-00 2000-01 2001-02 2002-03 2003-04 ....Avg Covered Employees/Retirees ___ Cost per Employee per Year The \\'elch ( "ompan) .--. City of La Porte Health Plan Summary Plan Design Summary Medical Deductible Individual ~,!:!1J!.wJ?.r_'!!2r.~L_____,_____,_,_,___, Coinsurance (Plan pays after deductible & co-pay) Office Visit Co-pay, all physicians Current Plan Network Non-Network $300 600 _____ $90q___'__I-' 1,800 ____ 80% of 50% of Network Allowable ____~~_~~9~____ ____~~_~~9~~____ $25 Deductible and coinsurance -------------------------------------------------------- ------------------ ------------------ Emergency Room Deductible and Deductible coinsurance and coinsurance Hospital Admission oi.it..oi:PoC-ket-MaximumTinadciiiionto-------- deductible) Individual Family Lifetime Maximum --- -----,----,--,-"..,.._..,.._,.._,..,..,-,-_..".._..,-,.._..- Prescription Drugs Deductible, Annual Generic Preferred (Formulary) Non-Formulary + Others * whichever is the greater amount Speciality Drugs HIPAA opt out HIPAA privacy requirements State Chapter 172 Designation ----------------- ------------------- Deductible and Deductible coinsurance and coinsurance $1,500 None $2,500 None $ 1,000,000 -. ............-.............- Retail Mail Order $50 $50 $10 $20 $25 or 20%* $50 or 20%* $40 or 20%* $80 or 20%* Pricing through pharmacy benefit rather than hospital or physician offices (1/1/03) Ability for governmental entities to exclude certain coverages from Self-funded health plan (1996) Requirements by all self-funded and insured health plans to follow Member health privacy standards (4/14/2004) State designation requiring a Board of Trustees to oversee plan actions; allows entity to take advantage of State designated plan mandate exclusions. The Welch COmpany City of La Porte Self-Funded Benefit Plan Illustration -- The Welch Companv o Surplus . Retention fiJ Reserves . Claims Contributions to Plan ) City of La Porte Money Cycle The Welch Company City of La Porte ReQuest for Proposal (RFP #04506) SERVICES REQUESTED > Health Plan Claims Administration > Utilization Review & Large Case Management > Preferred Provider Organization Network > Disease Management > Pharmacy Benefit Management (PBM) Services REVIEW PROCESS > Receive Proposals > Review Completeness of Proposal > Prepare Worksheets, Evaluate Questionnaires, Contact References, Indicate Finalists > Request Best and Final Offers Anticipated Timeline for RFP Process THE WELCH COMPANY Advertise and release RFP RFP due date Evaluate responses and provide initial report of findings. Select finalists. Request Best and Final Offers THE CITY OF LA PORTE Award of contract Vendor implementation meetings with City benefit staff and consultant Open enrollment Effective date The Welch COmpany March 12, 2004 April 12, 2004 April 26, 2004 May 1, 2004 June 1, 2004 July 2004 October - November 2004 January 1, 2005 B City of La Porte Established 1892 March 22, 2004 Dennis H. Steger 3201 Bayshore Dr. La Porte, Texas 77571 Dear Mr. Steger: I am in receipt of your application to serve on the La Porte Area Water Authority. Thank you for your interest to serve the citizens of La Porte. A discussion item will be placed on the April 12, 2004 City Council Meeting. Can you please be present at the meeting to be introduced to City Council and answer any questions they may have. If you are unable to attend that evening, please give me a call at 281-471- 5020 ext. 221. Once again, thank you for your interest. It is citizens like you that make our community a better place to live and work. Sincerely, :"-ff/ atil?tL q ~ Martha A. Gillett, TRMC City Secretary fmg c: Mayor Malone Debra Feazelle 604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 $-~ ~ CITY OF LA PORTE GII y ~tGtttlf\hr UrrlGt: MAR 1 8 2u APPLICATION FOR CITY BOARDS / COMMISSIONS - OTE: As an applicant for a City Board or Commission, your name, address and phone number may be available to the press and the public. You have the right to request the exclusion of certain information from press and public access. All other information will remain confidential. You will be contacted before any action is taken on your appointment. Incumbents whose terms expire are automatically considered for reappointment, upon request. A member who is absent for more than 25% of called meetings, for other than medical reasons, will be subject to removal by City Council. Final decisions on appointment and reappointment of members of Boards and Commissions rests with the City Council. APPLICANT MUST BE A CITIZEN OF THE UNITED STATES,; A RESIDENT OF THE CITY OF LA PORTE; AND A QUALIFIED VOTER IN THE CITY OF LA PORTE. MEMBERS OF THE PLANNING AND ZONING COMMISSION MUST ALSO BE RESIDENTS OF ONE OF THE CITY COUNCIL DISTRICTS FROM WHICH THEY ARE APPOINTED. Please type or print clearly DATE: 3-15-04 Name: steqer H. Last First Address: 3201 Bayshore Dr. Dennis MI Phone (H) ( 281) 4 7 0 - 2 7 0 5 (VV)(281) 426-2474 City: LaPorte, TxState/Zip Code: 77r;,71 Are you a registered voter in the La Porte City limits?: G> or N Did you vote in the last City election?: ..- G) or N ...lease indicate your preference by number. 1-2-3. etc. ADVISORY BOARDS AND COMMISSIONS Airport Advisory Board Fire Code Review Committee DECISION MAKING BOARDS AND COMMISSIONS Planning and Zoning Commission __ Zoning Board of Adjustment Civil Service Commission SEPARATE LEGAL ENTITIES X La Porte Area VV ater Authority NON-PROFIT CORPORATIONS La Porte Development Corporation Board La Porte Redevelopment Authority Tax Increment Reinvestment Zone Number One Southeast Texas Housing Finance Corporation Board OTHER I the undersigned am interested in serving on one of the above Boards I Commissions as indicated. Signature of Applicant March 15, 2004 Date Revised June 2002 BACKGROUND - INSTITUTION Jrray State Universit CITY AND STATE EDUCATION DATE LAST ATTENDED MAJOR Murr Professional Background: President of Channel Shipyard, Channel Shipyard of New Orleans, Lynchburq Shipyard,Steger D. Enterprises, Bywater Boat Works, Waqqaman Ship Anchoraqe and San Jacinto Barge Repair. Past Director of Bank (Chairman of the Executive Board) and Chairman of Shipyard Conference of America.. Community Activities / Hobbies: ViC8 Chairman of the International Committee of the Houston Livestock Show & Rodeo, Fishing, Sailing, Motor Cycling, Hunting, Golf and member of the Tejas Vaqueros. References: (include address and phone number) 1. Steve Valerius 2. Red Griffen 3. Jim Clepper 140 Hazel LaPorte, TX 77571 (2S1) 471-8979 9001-H Frey Road Houston, TX 77034 (713) 943-9300 8545 Katv Freeway, Suite 417 Houston. TX 77024 (713) 465-7400 Additional Pertinent Information: To serve the community in which I reside. Goals / Objectives: Attachments: YES X NO You are welcome to attach additional infonnation, such as, resumes, letters, certifications, etc. that further describe your professional and persona! .background. Please return this form and any attachments to: City of La Porte City Secretary's Office PO Box 1115 La Porte, Texas 77572-1115 Revised June 2002 Gillett, Martha -To: ,ubject: Feazelle, Debra RE: Boards and Comm. Application Great. Thanks -----Original Message----- From: Feazelle, Debra Sent: Monday, March 22, 2004 10:17 AM To: Gillett, Martha Subject: RE: Boards and Comm. Application Yes, this is per mayor. Lets put him on the april meeting. Ps Iin hasn't moved yet!. d -----Original Message----- From: Gillett, Martha Sent: Monday, March 22, 2004 10:04 AM To: Feazelle, Debra Subject: Boards and Comm. Application I received an application from Dennis Steger. Is this someone you have been meeting with? He is interested in the La Porte Area Water Authority. Thanks ~ 1 c City of La Porte Interoffice Memorandum To: Mayor and Coun ,/~ John Joerns, Ass's t City Manager From: Date: April 5, 2004 Subject: Texas Department of Housing and Community Affairs (TDHCA) Notice of Applications Update RE: Previous Materials Forwarded Background The City has been notified by TDHCA of three applicants for Housing Tax Credits: Ha, Co, Housing Authority Pro'ect Name Zonin Issue Fundin and Ownershi - Requires amendment to 1) Ba forest Ranch existin SCUP; Status - (1) Pro osed Requires zone change 2) Fair Mist R2 to R3; Status - (2) Pro osed 3) Alexander Rid e R3 zonin in lace No (not that we are aware of) (1) Withdrew request prior to March 29 Planning & Zoning Meeting. (2) At March 29 meeting, Planning & Zoning Commission recommended denial of R3 zoning, Scheduled for City Council consideration April 26. ... For two of the projects the current zoning (or SCUP) is not appropriate. ... Staff has also learned that Harris County Housing Authority plans to provide funding for both the Bayforest Ranch and Fair Mist projects and to become the owner ofthe projects. ... If this occurs without other agreements in place, then property will become tax exempt and City would not receive any tax revenue. This situation is amplified for tliH3ayforest project because it is located within the City's Tax Increment Reinvestment Zone. In this case the tax increment lost would include the City's $.71/100, LPISD $1.63/100 and Harris County $.39/1 00 for the remaining life of the TIRZ (23 years) or until/if sold to a private concern. ... I have written Harris County Housing Authority regarding this concern (letter attached). ,.."- c- ... We have also heard, but have yet to confirm, that new legislation (effective January 1) removes 50% of the local tax revenues for Housing Tax Credit Projects if the applicant partners with a non-profit. We will try to have that answer by the April 26 Council Meeting. ... TDHCA invites input at any time during the process. They have also established a Public Hearing for the Houston Region on April 21, 2004 at the Houston City Hall Annex Chambers (notice is attached). ... The staff receives requests from developers to support their tax credit applications. We also hear from other elected officials wanting to know if the City is supporting these projects. All responses to date have just dealt with notification of the zoning issues for the Bayforest and Fair Mist projects. ... If Council wishes we will construct a letter stating the Council's position for these projects and advise other officials that have contacted us. ... FYI: I have enclosed Frequently Asked Questions regarding the Housing Tax Credit Program, taken from the TDHCA website. Obviously these questions don't deal with the issue of a local Housing Authority also participating in financing and ownership. JJ/ml c: Debra B. Feazelle, City Manager Cynthia Alexander, Assistant City Manager Nick Finan, Interim Planning Director Dr. Molly Helmlinger, LPISD Superintendent Planning and Zoning Commission TIRZ # 1 Board City of La Porte Established 1892 b~: 1t20 (I {2 CZ CfJ NF March 31, 2004 David Turkel, Administrator Harris County Housing & Economic Development 1310 Prairie, Suite 550 Houston, TX 77002 Via Facsimile Regular Mail RE: Bayforest Ranch, Ltd. Fair Mist Apartments, Ltd. Dear Mr. Turkel, As these projects progressed through staff and Planning and Zoning Commission review, the City learned more about Harris County Housing Authority's proposed participation and ownership of these two projects. - Per our conversation yesterday, one area of concern expressed is the lost tax revenue if these projects are approved and Harris County becomes the owner. This concern is amplified for the proposed Bayforest Ranch, which is located within the City's Tax Increment Reinvestment Zone Number One. You indicated that Harris County has, on occasion, agreed to make payments in-lieu of taxes to compensate for lost tax revenues. If you would like to provide more information and assurances regarding the County's willingness to make in-lieu payments, I will gladly forward the material to City Council, Planning and Zoning Commission and the TIRZ Board. If you provide more information, please confirm the potential for in-lieu payments for each project and each taxing authority (City, LPISD and Harris County). Based on our conversation, it is my understanding the County would only compensate the City's lost tax revenue. Presently, the Fair Mist Apartments rezoning request is scheduled to be in front of City Council on April 26, 2004. The Bayforest Ranch project has recently withdrawn their request for consideration by the Planning and Zoning Commission. At this time we do not know if or when they will re-apply. ---""""-,.~,-,.,,." .- n/ml c: Debra B. Feazelle, City Manager Dr. Molly Helmlinger, LPISD Superintendent 604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 ~ TEXAS DEPARTMENT OF HOUSING AND CO....UNITY AffAIRS Texas Department of Housing and Community Affairs HTe Program, P.O. Box 13941, Austin, Texas 78711-3941 Phone: 512.475.3340 Fax: 512.475.0764 Housing Tax Credit Program Announcement of the 2004 Public Hearing Schedule for Comment on the 2004 Housing Tax Credit Applications The Texas Department of Housing and Community Affairs' (the "Department") programs were created to provide decent, safe and sanitary housing opportunities for low and very low income Texans. The Housing Tax Credit (HTC) Program assists in building affordable housing through the issuance of federal tax credits used to fund new construction and rehabilitation of multifamily residential Developments. The tax credits allow the Developments to be leased to qualified families at or below market rents. The following 13 public hearings are provided to gather public comment on the 2004 HTC Applications. The schedule of these meetings is provided below: - Waco. Rel!ion 8 Monday, April 12 10:00 a.m. Heart of Texas Council of Governments 300 Franklin Waco, TX 76701 (254) 756-7822 Austin. Ree:ion 7 Monday, April 12 3:00 p.m. TDHCA Board Room 507 Sabine, 4th Floor Austin, Texas 78701 (512) 475-3800 Lone:view. Ree:ion 4 Tuesday, April 13 10:00 am Longview Public Library 222 West Cotton Street Longview, TX 75601 (903) 237-1350 Dallas. Ree:ion 3 Tuesday, April 13 7:00 p.m. Dallas Public Library West Room 1515 Young Street Dallas, TX 75201 (214) 670-7846 ,"-" Wichita Falls. Re2ion 2 Wednesday, April 14 12:00 p.m Nortex Regional Planning Commission 4309 Jacksboro Hwy. Ste. 200 Wichita Falls, TX 76302 (940) 322-5281 Lubbock. Re2ion 1 Thursday, April 15 8:00 a.m. Mahon Public Library 1306 9th Street Lubbock, TX 7940 I (806) 775-2824 ,- San Antonio. Re2ion 9 Monday, April 19 3:00 p.m. City Council Chambers 114 W. Commerce San Antonio, TX 78205 (210) 207-7197 Harlin2en. Re2ion 11 Tuesday, April 20 9:00 a.m. Harlingen Public Library 410 76th Drive Harlingen, TX 78556 (956) 427-8841 Corpus Christi. Re2ion 10 Tuesday, April 20 7 :00 p.m Grant Middle School (Cafeteria) 4350 Aaron Corpus Christi, TX 78413 (361) 886-9008 Lufkin. Re2ion 5 Wednesday, April 21 9:00 a.m. City Council Chambers 300 East Shepherd (Entrance on 3rd Street) Lufkin, TX 75904 (936) 633-0244 Houston. Reeion 6 Wednesday, April 21 6:00 p.m. City Hall Annex Chambers 900 Bagby Public Level Houston, TX 77002 (713) 247-2939 El Paso. Reeion 13 Thursday, April 22 10:00 a.m. El Paso County Courthouse 500 E. San Antonio El Paso, TX 79901 (915) 546-2009 ,- San Aneelo. Reeion 12 Friday, April 23 12:00 p.m. City Council Chambers 72 West College Avenue San Angelo, TX 76902 (325) 657-4241 A detailed log of all 2004 Applications are posted to the Department's website at the following link: http://www.tdhca.state.tx.us Written comments are also encouraged. Such comments should be addressed to: Multi-Family Finance Division Texas Department of Housing and Community Affairs Post Office Box 13941 Austin, Texas 78711-3941 For additional information you may contact the Department's 2004 Application liaison, Jennifer Joyce, at 512.475.3995 or visit the program's web site at www.tdhca.state.tx.us. Individuals who require auxiliary aids or services for these meetings should contact Gina Esteves, ADA Responsible Employee, at 512.475.3943 or Relay Texas at 1.800.735.2989 at least two days before the meeting so that appropriate arrangements can be made. . LIHTC FAQs - ~ TEXAS OrPAlIHHNT Of MOUSING AND (O~WU"ITY AffAIWS Housing Tax Credits Archive Fair Housing Resources FAQs Income & Rent limits Program Documents Qualified Plan & Rules (PDF) 2005 QAP Working Group Tax Credit Consultants (PDF) Tax Credit Syndication (PDF) '0\" Ger Adobe.l Adobf Reader'! Free software to view PDF files ,- Page 1 of5 Home I Contact TDHCA I About TDHCA I Events I Press Room I Employment Housing Tax Credits --Quick Links-- Gc Frequently Asked Questions (FAQs) Search TDHCA ~ __ __ [Print this pag' Consumer Assistance Manufactured Housing PM & Compliance FAQs Regarding the Housing Tax Credit Application and Review Process . WHAT ARE LOW INCOME HOUSING TAX CREDITS? . WHAT MUST AN APPLICANT DO TO APPLY FOR TAX CREDITS? . WHAT EVALUATION CRITERIA IS USED TO REVIEW SUBMITTED APPLICATIONS? . HOW IS THE SCORING SYSTEM USED TO PRIORITIZE THE APPLICATIONS? . CAN THE PUBLIC COMMENT ON A PROPOSED TAX CREDIT DEVELOPMENT OR ON THE DEVELOPMENT OF THE QAP? . WHAT IS THE MINIMUM PERCENTAGE OF UNITS THAT MUST BE SET ASIDE FOR ELIGIBLE LOW INCOME TENANTS? . HOW ARE THE RENT LIMITS CALCULATED? . HOW DO TAX CREDITS BENEFIT THE PROJECT OWNER? . WHY ARE DEVELOPERS GIVEN AN INCENTIVE TO DEVELOP AFFORDABLE RENTAL HOUSING? . HOW DO TAX CREDIT DEVELOPMENTS COMPARE WITH NON-TAX CREDIT DEVELOPMENTS? . HOW DO "LOW INCOME/AFFORDABLE HOUSING" UNITS DIFFER FROM "HOUSING PROJECTS?" . WHO LIVES IN A TAX CREDIT DEVELOPMENT? . ARE EXISTING DEVELOPMENTS RENOVATED UNDER THE TAX CREDIT PROGRAM? . ARE TAX CREDIT PROPERTIES MONITORED? . IS THE TAX CREDIT PROGRAM WIDELY SUPPORTED? Question/ Answer Q. WHAT ARE LOW INCOME HOUSING TAX CREDITS? A. The federal tax credit program is a means of directing private capital toward the creation of affordable rental housing. Owners and investors in qualified affordable multifamily residential developments can use the tax credits as a dollar-for-dollar reduction of federal income tax liability. The value associated with the tax credits allows residences to be leased to qualified families at below market rate rents. The Texas Department of Housing and Community Affairs (TDHCA) is the only entity in the state of Texas with the authority to allocate tax credits under this program. To qualify for tax credits, the proposed development must involve new construction or undergo substantial rehabilitation of residential units (at least $6,OOO/unit). The credit amount a development may receive depends on the total amount of depreciable capital improvements and the funding sources available to finance the total development cost. Since 1987, the HTC Program has provided for the construction or renovation of over 96,000 units of affordable multifamily housing throughout Texas, and is generally recognized as the single most effective incentive for the development of new and affordable multifamily housing. (top of page) Q. WHAT MUST AN APPLICANT DO TO APPLY FOR TAX CREDITS? A. Developers apply for tax credits through an application process http://www.tdhca.state.tx.us/lihtc_faq.htm 3/29/2004 LIHTC FAQs Page 2 of5 administered by TDHCA. This process is fully described in the Qualified Allocation Plan and Rules (QAP) which governs the program's operation. The QAP is revised annually in a process that involves public input, Board approval and ultimately approval by the Governor. To be considered for an award of tax credits, an application must be submitted to TDHCA during the annual application acceptance period as published in the Texas Register. All applications must provide the required fee, application and supporting documentation as required by the QAP. The competition for tax credits is very high. In 2001, TDHCA received 162 applications seeking $91 million in tax credits. Only 66 (41%) of those applicants received an award from the $27 million in credits available for allocation in 2001 (an additional $5.5 million of 2002 credit authority was forward committed to 2001 applicants). (top of page) Q. WHAT EVALUATION CRITERIA IS USED TO REVIEW SUBMITTED APPLICATIONS? A. It is the goal of TDHCA to encourage diversity through broad geographic allocation of tax credits within the state, and to promote maximum utilization of the available tax credit amount. The criteria utilized to realize this goal includes a point based scoring system and an evaluation of the development's: ~- . cost and financial feasibility; . geographic location within the state as compared to other developments applying for tax credits; . impact on the concentration of existing tax credit developments and other affordable housing developments within specific markets and sub-markets; . site conditions; . development team experience; . consistency with the goal of awarding credits to as many different applicants as possible; . ability to serve a broad segment of the population; and . impact on the HTC Program's goals and objectives including, but not limited to, the project's inconsistency with local needs or its impact as part of a revitalization or preservation plan. Those applications which are deemed to have a high priority based on the review criteria, are subject to an underwriting review which evaluates the development's projected construction costs and financial feasibility. Applications which pass the underwriting process and are determined to have the highest priority will be presented to TDHCA's Board of Directors for consideration. (top of page) Q. HOW IS THE SCORING SYSTEM USED TO PRIORITIZE THE APPLICATIONS? A. The QAP defines a series of point based "Selection Criteria" items. To generate a "Selection Criteria" score, applicants request points for those criteria items for which their development is qualified. Examples of criteria for which points are awarded include: . the site is located in specific areas where the federal, state or local government is trying to encourage development; . involve the Preservation of existing affordable housing; . are located where there are fewer tax credit dollars already received by that city; . consistency with the local jurisdiction's affordable housing development plans; . a project whose design elements include: energy efficient construction, low density, fourplex and townhome style buildings, and renovation of historic structures; . the county's poverty and cost burden levels; http://www.tdhca.state.tx.us/lihtc_faq.htm 3/29/2004 LIHTC FAQs Page 3 of5 "--, . serving tenants at lower income levels; . providing a unit mix of tax credit and market rate units; . serving households with special needs such as: the elderly, persons with physical or mental disabilities, and the homeless; . providing supportive services for the residents; and . material participation in the project's development and ongoing operation by a Historically Underutilized Business. While it is a significant factor, an application's score is not the sole determining factor as to whether or not it will be recommended for an award of credits. However, the score serves as one of the primary criteria (as described in the previous section) used to assess how well an application fulfills the program's goals. (top of page) Q. CAN THE PUBLIC COMMENT ON A PROPOSED TAX CREDIT DEVELOPMENT OR ON THE DEVELOPMENT OF THE QAP? A. Prior to the award of the credits, TDHCA will hold at least three public hearings in metropolitan and rural areas across the state. The public is encouraged to attend one of these scheduled hearings or to submit written comments to the HTC Program. When submitting comments, the application under discussion should be clearly identified by name, address, and city. Including the five-digit TDHCA application identification number in the correspondence is also helpful. Based on the provided comment, an indication of the level of support or opposition for an application will be included in the recommendation documentation presented to TDHCA's Board of Directors. Public hearings are also held for the development of the QAP, which governs the administration of the HTC Program. The public is encouraged to attend or provide written comment. Written comment, on either a specific application or on the QAP, can be sent to: HTC Program, P.O. Box 13941, Austin, TX 78711- 3941 or transmitted via fax to (512) 476-0438 or (512) 475-0764 or bye-mail to bboston@tdhca.state.tx.us. (top of page) Q. WHAT IS THE MINIMUM PERCENTAGE OF UNITS THAT MUST BE SET ASIDE FOR ELIGIBLE LOW INCOME TENANTS? A. Each development must include a minimum percentage of units to be set aside for eligible low income tenants. The rent charged for these units is restricted according to federal guidelines which correspond to the household's income level. While rental rates are restricted, they are not subsidized (i.e., Section 8 housing) by the HTC Program. A low income housing development will be eligible to apply for tax credits if it meets either of the following criteria: a) Twenty percent (20%) or more of the residential units in the project are both rent restricted and occupied by individuals whose income is fifty percent (50%) or less of Area Median Family Income (AMFI); b) Forty percent (40%) or more of the residential units in the project are both rent restricted and occupied by individuals whose income is sixty percent (60%) or less of AMFI. Tax credits may only be claimed for the affordable units that have been set aside for participation under the program. Although a developer only needs to set aside a minimum of twenty percent (20%) of a project's units for qualified tenants, applicants will typically set aside between 60% and 100% of the units for scoring purposes and to claim a higher amount of tax credits. (top of page) http://www.tdhca.state.tx.us/lihtc~faq.htm 3/29/2004 LIHTC FAQs Page 4 of5 Q. HOW ARE THE RENT LIMITS CALCULATED? A. The rent limits for tax credit units are based on the household income level and the number of bedrooms in the unit. These rent and income limits are generated by the U.S. Department of Housing and Urban Development each year. HTC rent limits include an allowance for the cost of utilities (heat, lights, air conditioning, water, sewer, oil or gas). In projects where the owner pays all utilities, no adjustment in the HTC rent limits are needed to determine the maximum rent that can be charged for a tax credit unit. In projects where tenants pay all or a portion of their own utilities, the rent established for a tax credit unit must not exceed the applicable HTC rent limit for that unit. TDHCA can provide interested parties with specific rent limits for their area, or a complete set of income and rent limits can be found on the TDHCA web site. Households will be required by the property owner to periodically document their income level so that the owner may continue to claim the tax credits for their unit. (top of page) Q. HOW DO TAX CREDITS BENEFIT THE PROJECT OWNER? A. Under the federal income tax code, a credit is a dollar-for-dollar reduction in the tax liability or tax bill for the property owner or investor. It is important to note that only the owners of a tax credit property may utilize the benefits of the tax credits over time. A credit is subtracted after the amount of tax is calculated. In this form, a credit differs from a deduction or adjustment to income, which is then subtracted from income before the tax rate is applied and the amount of tax is calculated. (top of page) ,,,.,-. Q. WHY ARE DEVELOPERS GIVEN AN INCENTIVE TO DEVELOP AFFORDABLE RENTAL HOUSING? A. Many private developers and builders concentrate their efforts in larger metropolitan areas and target higher income individuals and families. However, demographic studies show that lower and moderate income individuals and families are the fastest growing segment of our population. As the population grows, so will the need for affordable housing. (top of page) Q. HOW DO TAX CREDIT DEVELOPMENTS COMPARE WITH NON-TAX CREDIT DEVELOPMENTS? A. Properties that receive tax credits must compete with nearby market developments for tenants. The properties are safe, secure, and well maintained. They have amenities similar to other apartment complexes, and may offer swimming pools, community centers and reception areas. Newer developments may include daytime childcare, evening GED classes, on-site medical care and credit counseling. (top of page) Q. HOW DO "LOW INCOME/AFFORDABLE HOUSING" UNITS DIFFER FROM "HOUSING PROJECTS?" A. Unlike most publicly-subsidized housing which is designed to assist the elderly, disabled, minimum wage workers or the unemployed, the housing tax credit program does not provide tenants with governmental rent subsidies. The program's benefit is in the provision of an affordable monthly rental rate. The program's rent and income levels vary from county to county. In Houston, for example, the maximum allowable rent (which includes a utility allowance) for a three bedroom tax credit apartment would be $912. To be eligible to reside in the tax credit unit, a family of four's annual income could not exceed $35,100 at the time they signed the lease. In Lubbock, the maximum allowable rent for a three-bedroom apartment would be $709 a month. A http://www.tdhca.state.tx.us/lihtc_faq.htm 3/2912004 LIHTC F AQs Page 5 of5 family of four's annual income could not exceed $27,300. Tenants must pay their rents in full, on time, every month. Thus, the tenants are most likely working Texans or retirees seeking an affordable place to live. (top of page) Q. WHO LIVES IN A TAX CREDIT DEVELOPMENT? A. Typically, tenants may include: school teachers; police officers; firefighters; mechanics; single parents who are balancing career and family while attending night school; city employees; sales clerks; and retirees. Affordable housing and low income units are completely different from housing projects. (top of page) Q. ARE EXISTING DEVELOPMENTS RENOVATED UNDER THE TAX CREDIT PROGRAM? A. Many of the apartments built during the boom years of the 1980's which were abandoned and boarded-up during the state's real estate bust, are today fully renovated and leased. Hundreds of sprawling apartment complexes that had for years been both eyesores and occasional drug refuges, now provide thousands of working Texans with quality, affordable housing, including the elderly and persons with disabilities. (top of page) Q. ARE TAX CREDIT PROPERTIES MONITORED? A.Tax credit benefits are lost if a project fails to meet state and federal standards every year for each of the 15 years of the compliance period. Properties are then monitored for an additional 15 years to maintain affordability. (top of page) Q. IS THE TAX CREDIT PROGRAM WIDELY SUPPORTED? A.The HTC Program was created in 1986 and approved again during the Bush and Clinton Administrations. In the U.S. Congress, the HTC program has received broad, bi-partisan support. The HTC Program has also received the endorsement of the National Governor's Association and both the Republican and Democrat Governor's Association. Two-thirds of Senate Republicans and House Democrats voiced support for the program to Congressional leadership. The HTC Program is an unprecedented model for promoting public/private partnerships. It mobilizes private and public resources; utilizes state authority with limited bureaucracy; and finances market-disciplined, privately owned, affordable rental apartments. Since this program is made possible through the mobilization of private and public resources at the state and local levels, there is no federal bureaucracy and limited federal intervention. (top of page) Home I Contact Us About TDHCA I Events I Press Room! Employment I TOP OF PAGE Privacy & security policy I Web accessibility policy I Link Policy http://www.tdhca.state.tx.us/lihtc_faq.htm 3/29/2004 ~ ltW Sylvia R. Garcia Commissioner Downtown Office 1001 Preston, Suite 950 Houston, TX 77002 Tel: 713.755.6220 Fax: 713.755.8810 Bayfown Annex 701 W. Boker Road, Suife 104 Bay/own, TX 77521 Tel: 281.427.7311 Fax: 281.837.1290 Cr-lake Annex 166\ ;caneer Lane, Suite 100, Houston, TX 77062 Tel: 281.488.4678 Fax: 281.286 7450 Eo;:! End Annex 1001 S. Sgl. Macario Garcia Dr., Suite 102 Houston, TX 77011 Tel: 713.924.3975 Fax: 713.924.3971 Jim Fonteno Annex 14350 Wallisville Rood Houston, TX 77049 Tel: 713.455.8104 Fax: 713.451.6714 ",- 1<., "':hapman Pasadena Annex 7330 Spencer Hwy Pasadena, TX 77505 Tel: 281.479.7770 Fax: 281.479.3075 February 24,2004 Ms. Edwina Carrington Executive Director Texas Department of Housing and Community Affairs 507 Sabine Street P.O. Box 13941 Austin, Texas 78700-3941 Re: Fair Mist Apmiments, Ltd. Canada Road @ Fairmant Parkway, LaPorte, Texas 77571 - TDHCA Application #04161 Dear Ms. Carrington: This letter confirms my support of the proposed Multi-family Affordable Housing Project, Fair Mist Apartments. Fair Mist will be located in my Precinct. This site will be on Canada Road at FaimlOnt Parkway in LaPorte, Texas. It will be a 100 unit multi-family rental affordable housing project and provide additional services for its residents. Thank you for your consideration of this application. If you have questions, please contact me or my staff. Sincerely, /Yk/t~. wA $;fvia R. Gdrc'a, Commissioner Harris Coun' Precinct Two SRG/hm