HomeMy WebLinkAbout2004-04-12 Regular Meeting and Workshop Meeting Minutes
MINUTES OF REGULAR MEETING AND WORKSHOP MEETING
OF THE LA PORTE CITY COUNCIL
April 12, 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, Bruce
Meismer, Barry Beasley, Mike Mosteit and Mayor Pro Tern Peter Griffiths
Members of Council Absent: Mayor Norman L. Malone
Members of City Executive Staff and City Employees Present: City Manager Debra Feazelle, Assistant City
Manager John Joerns, Assistant City Manager Cynthia Alexander, Assistant City Attorney Clark Askins,
Interim Planning Director Nick Finan, City Secretary Martha Gillett, Public Works Director Steve Gillett,
Parks and Recreation Director Stephen Barr, Purchasing Manager Susan Kelley, Fire Chief Mike Boaze,
Assistant Fire Chief John Dunham, Assistant Finance Director Michael Dolby, Human Resources Manager
Sherri Davis-Sampson, Assistant to the City Manager Crystal Scott, Victims Assistance Liaison Carol Scott,
Records Clerk Wendy Gottus, Mechanic George Molnar, Tax Customer Service Clerk Shannon Green, Special
Operations Officer Kelly Green, Lt. Carl Crisp, Paramedic Supervisor Ray Nolen and City Marshal Nelson
Thorpe
Others Present: Bill Scott, Steve Frick, Rod Rothermel, Pat Rothermel, Steve Goodman, Tommy Moser, Tim
Bird, Brian Larkey, Norman Reed, Barry Kahn, Trina Gaines, Vanessa Ward, Lynette Huran, Robert James,
Alexis Altom, Kim Thurman, Wanda Altom, Dennis Steger, Rick Williams, Sherrie Williams, Neil Welch,
Kathy Hutton, Jerome McKown, "Houston Chronicle's" Carol Christian and a number of other citizens and
students
2. Reverend Dan Chappell of Fairmont Park Baptist Church delivered the invocation.
3. Mayor Pro Tern Griffiths led the Pledge of Allegiance.
4. PRESENTATIONS/PROCLAMATIONS
A. Mayor Pro Tern Griffiths presented the National Youth Service Day Proclamation in honor of La Porte's
youth.
B. Mayor Pro Tern Griffiths presented the Harris County Department of Education Area I, La Porte Head
Start and other organizations with a proclamation in honor of "the Week of the Young Child".
C. Mayor Pro Tern Griffiths presented Chad Cox with a Certification of Appreciation in honor of receiving
Station One Fire Fighter of the Year Award.
D. Mayor Pro Tern Griffiths presented David Grose with a Certification of Appreciation in honor ofreceiying
Station Two Fire Fighter of the Year Award.
E. Mayor Pro Tern Griffiths presented Dan Azzano with a Certification of Appreciation in honor of receiving
Station Three Fire Fighter of the Y ear Award.
F. Mayor Pro Tern Griffiths presented George Molnar with a Certification of Appreciation in honor of
receiving Station Four Fire Fighter of the Year A ward.
G. Mayor Pro Tern Griffiths presented Danny Thurick with a Certification of Appreciation in honor of
receiving Officer of the Year Award.
City Council Regular Meeting and Workshop Meeting - April 12, 2004 - Page 2
H. Mayor Pro Tern Griffiths presented Hank Craddock with a Certification of Appreciation in honor of
receiving the Chiefs Award.
1. Mayor Pro Tern Griffiths presented Tim Malta with a Certification of Appreciation in honor of receiving
Paramedic of the Year A ward.
J. Mayor Pro Tern Griffiths presented Ronnie Thibodeaux with a Certification of Appreciation in honor of
receiving the Rookie of the Year A ward.
K. Mayor Pro Tern Griffiths presented Champ Dunham with a Certification of Appreciation in honor of
receiving the Career Firefighter of the Year Award.
1. Mayor Pro Tern Griffiths presented Tammy Kannar with a Certification of Appreciation in honor of
receiving the President's Award.
M. Mayor Pro Tern Griffiths presented La Porte Whataburger with a Certificate of Appreciation for their
promptness, willingness and sincerity during the Main Street fire.
5. CONSENT AGENDA
A. Council to consider approval of the City Council Regular Meeting and Pre-Budget Workshop Meeting
Minutes held on March 15,2004 and consider approval of Regular Meeting, Public Hearing and
Workshop Meeting Minutes held on March 22,2004.
B. Council to consider awarding a bid for air conditioninglheating maintenance and repair contract for
maintenance fees, hourly rate and cost, plus percentage for materials as presented by Purchasing Manager
Susan Kelley.
C. Council to consider awarding bid to Texas Southwest Aquatics, Inc. to provide filter system for Little
Cedar Bayou Wave Pool as provided in the bid documents as presented by Parks and Recreation Director
Stephen Barr.
D. Council to consider authorizing the City Manager to enter into an agreement between the City of La Porte
and Kevin O'Brien dba Gulf Coast Concessions and Catering for concession services at the Little Cedar
Bayou Wave Pool according to provisions of the proposal as presented by Parks and Recreation Director
Stephen Barr.
E. Council to consider awarding a bid for horizontal boring machine to McLaughlin Manufacturing in the
amount of$19,769.00 as presented by Public Works Director Steve Gillett.
F. Council to consider approval or other action regarding an ordinance authorizing the City Manager to
execute a contract with L&M Contractors in the amount of$65,872.00 with a contingency of$3294.00 as
presented by Public Works Director Steve Gillett.
G. Council to consider approval or other action regarding Ordinance 2003-2657-A vacating, abandoning and
closing the hereinafter described portion of the West "H" street right-of-way as presented by Interim
Planning Director Nick Finan.
H. Council to consider approval of $17,150.00 to Frazer, Inc. to retrofit existing ambulance box/patient
compartment on a new cab and chassis as presented by Paramedic Supervisor Ray Nolen.
City Council Regular Meeting and Workshop Meeting - April 12, 2004 - Page 3
I. Council to consider approval or other action regarding an ordinance appointing Human Resources
Manager Sherri Sampson as a member to the City of La Porte Chapter 172 Board of Trustees in
accordance with Section 172 of the Local Government Code.
Motion was made bv Councilmember Engelken to approve the Consent Agenda as presented.
Second by Councilmember Young. The motion carried.
Ayes: Engelken, Beasley, Griffiths, Meismer, Mosteit, Young and Ebow
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 Scott of 1802 Lomax School Road spoke on the City's Board of Adjustments "so called" finding of facts,
there are 24 numbered statements; Mr. Scott stated that 21 of the statements are false. Mr. Scott showed
photos of feedlot and the legal limit of animals. Mr. Scott will publicly expose more lies of violations and
deceptions. Mr. Scott questioned when Council will answer his questions.
7. Council to consider approval or other action regarding ajoint 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.
Parks and Recreation Director Stephen Barr presented summary and recommendation and answered Council's
questions.
Assistant City Attorney Clark Askins read: RESOLUTION 2004-09 - 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.
Motion was made bv Councilmember Engelken to approve Resolution 2004-09 as presented by Mr. Stephen
Barr. Second by Councilmember Beasley. The motion carried.
Ayes: Engelken, Beasley, Griffiths, Meismer, Mosteit, Young and Ebow
Nays: None
Abstain: None
8. Council to consider approval or other action regarding an ordinance authorizing the City Manger to execute a
reimbursement agreement with Exxon Mobil Pipeline Company for $197,493.00.
Public Works Director Steve Gillett presented summary and recommendation and answered Council's
questions.
Assistant City Attorney Clark Askins read: ORDINANCE 2004-2713 - 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.
City Council Regular Meeting and Workshop Meeting - April 12, 2004 - Page 4
Motion was made by Councilmember Young to approve Ordinance 2004-2713 as recommended by Mr. Steve
Gillett. Second by Councilmember Meismer. The motion carried.
Ayes: Engelken, Beasley, Griffiths, Mosteit, Young, Ebow and Meismer
Nays: None
Abstain: None
9. Council to consider approval or other action regarding an ordinance amending specific sections of Chapter 94
of the Code of Ordinances hereafter to be called ordinance.
Interim Planning Director Nick Finan presented summary and recommendation and answered Council's
questions.
Assistant City Attorney Clark Askins read: ORDINANCE 2004-2714 - 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
EVALUATION OF ONE FOOT ABOVE BASE FLOOD LEVEL; FINDING COMPLIANCE WITH THE
OPEN MEETING 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.
Motion was made by Councilmember Meismer for approval with amendment of Ordinance reading one feet.
noted by Mr. Finan. to approve Ordinance 2004-2714 as presented by Mr. Finan. 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 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.
Interim Planning Director Nick Finan presented summary and recommendation and answered Council's
questions.
Assistant City Attorney Clark Askins read: ORDINANCE 2004-2715 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 FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN
EFFECTIVE DATE HEREOF.
Motion was made bv Council member Engelken to approve Ordinance 2004-2715 as presented by Mr.
Finan. Second by Councilmember Beasley. The motion carried.
Ayes: Mosteit, Ebow, Beasley, Griffiths, Engelken, Young and Meismer
Nays: None
Abstain: None
City Council Regular Meeting and Workshop Meeting - April 12, 2004 - Page 5
11. Council to consider approval or other action regarding an ordinance authorizing the sale of the home located
at 323 N. ih Street as part of the City's HOME Grant, and authorizing the City Manager as the City's
representative to execute the closing document.
Interim Planning Director Nick Finan presented summary and recommendation and answered Council's
questions.
Assistant City Attorney Clark Askins read: ORDINANCE 2004-2716 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 LOT 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.
Motion was made by Councilmember Young to approve Ordinance 2004-2716 as presented by Mr. Finan.
Second by Councilmember Ebow. The motion carried.
Ayes: Mosteit, Ebow, Beasley, Griffiths, Engelken, Young and Meismer
Nays: None
Abstain: None
12. Council to consider approval or other action instructing the Assistant Director of Finance to amend the 2003-
04 Adopted Budget for the General Fund by $72,269.00.
Assistant Director of Finance Michael Dolby presented summary and recommendation and answered
Council's questions.
Mayor Pro Tern Griffiths requested a vote on this item.
Ayes: Mosteit, Ebow, Beasley, Griffiths, Engelken, Young and Meismer
Nays: None
Abstain: None
13. The Regular Meeting closed and the Workshop Meeting opened at 6:40 p.m.
A. Human Resources Manager Sherry Sampson gave direction on the City of La Porte's Medical Fund.
Mr. Neal Welch discussed the City of La Porte's Medical Fund. With so many concerned with health
care costs, Mr. Welch provided background information on contributing factors of medical inflation, with
general inflation as related to medical advances in medical care, increasing provider expenses, even with
the City being a self-funded environment with our health plan coverage. Some employers are providing
high-deductible health plans, coupled with health care reimbursement plans, the City will be looking at
these plans. The government passed legislation in 2003 with the City being able to consider one of these
plans, which are like a defined contribution versus a defined benefit program.
Councilmember Meismer questioned how we request RFPs for what types of plans the City would be
reviewing. Mr. Welch informed Mr. Meismer there are certain parameters which are reviewed, inform
the type of employees, how we are organized, retirement, etc.
B. Debra Feazelle provided Council with information on the application from Dennis Steger, recommended
by Mayor Norman Malone, to serve on the La Porte Area Water Authority. If there are no questions, this
item will return to Council at a later date.
City Council Regular Meeting and Workshop Meeting - April 12, 2004 - Page 6
C. John Joerns gave direction on the Texas Department of Housing and Community Affairs regarding
notifications for housing tax credit projects in La Porte. There have been three from the state, with two
more which are a little different. There are two separate programs; the first three projects are Bay Forest
Ranch, which is within our Tax Increment Reinvestment Zone; Fair Mist Apartments, proposed for future
Canada Road area, and Alexander Ridge near Spencer Highway and Sens Road. Tonight, House Bill 3546
will be discussed regarding taxation issues.
Bay Forest and Fair Mist include proposed funding and ownership by Harris County Housing Authority, if
that were to occur, and the projects progressed through the system, with Harris County being the owner,
they would be removed from the City's tax rolls.
One of the property's is in TIRZ, the combined tax increment ($2.73/per $100/evaluation) with the Bay
Forest Ranch project proposing 104 bedroom units and the estimated value being $8.5 million. For this
project, all things remaining consistent, with taxing structures remaining in place, that would amount to
over $5 million for the remaining 23 years life of the TIRZ. For the project on Canada Road, with the
City increment only, would amount to $60,350/per year.
House Bill 3546 establishes an appraisal process to be used by the Chief Appraiser, indicating the Chief
Appraiser will include the income approach in developing future appraised value of these projects. We
have been led to believe that will be a lower value than what would be land evaluation of buildings and
improvements and may lower the anticipated tax revenues generated from these types of projects.
Harris County and the Housing Authority are discussing a program where the Authority guarantees and
makes payments in lieu of taxes to make those entities whole again.
David Turkel, Administrator of Harris County Housing & Economic Development, provided information
of the Harris County Housing Authority and welcomed questions from Council and Staff, and encouraged
development of new properties.
Councilmember Meismer questioned that Mr. Turkel alluded to payments in lieu and that type of thing,
thinking one of our biggest concerns is, there is no doubt in the way this is proposed that we are going to
lose the ability to have the taxable value of those properties on the Tax Roll to some degree or ifnot in
whole. We are still going to have the responsibilities for providing services for those houses and facilities;
which will be very much an uphill battle. For someone to consider that if that's not a plan upfront, what is
that proposed shared entity, what is that going to be, what does that mean in dollars and cents. Nobody is
willing to sign a blank check and that's what we are being asked to do at this point.
Mr. Turkel responded that at this point all we are really asking Council to approve, in this case, are two
new affordable housing developments. Now, it is true that all across the country that tax credit housing
works and provides the most modem and up-to-date housing with all the amenities. The finest apartment
projects around can be at rates that are below market, simply because of the tax credits that the developers
receive from the Internal Revenue Service, allowing them to build the project for something less than
normal construction costs. Since the developers have to agree to long term rent controls, the cash flow of
the projects are restricted. This is the reason the appraisal districts are appraising them based on income
rather than reproduction costs, because ultimately all of these types of projects are only worth the amount
of money that they will bring in. If you have a rent control project, it will mean ifit were sold on the open
market with those controls in place, it would not bring the same amount as such a project would without
the controls.
Mr. Meismer stated that he understands that, but given that, if this property was developed in another
format without those, we quite possibly would not only see a higher tax base, but a substantially higher tax
base, so we are being asked to give up on the front end.
City Council Regular Meeting and Workshop Meeting - April!2, 2004 - Page 7
Mr. Turkel agreed there is no doubt that if you are able to attract the other type of development that is
what you would get, but they would suggest that land that is undevelopedoffers an opportunity to obtain
beautiful new properties with all the amenities and have undeveloped land bring in tax revenue. That is
also the concept of the idea of the TIRZ, to take undeveloped property and encourage development.
Councilmember Engelken questioned the other tax entities, such as, school districts, Harris County,
Hospital District, there are a number of other taxing agencies involved; does this apply to them, too?
Mr. Turkel responded that the same applies to all the other taxing agencies.
Steve Frick with Vescor Development Corporation stated they are the proposed owner/developer of
Alexander Ridge at Sens and Spencer Highway; are zoned multi-family, presently, will be paying full
taxes, and are proposing to have 180 units. The big issue with this development is they are funded with
tax exempt bonds issued by Harris County Housing Finance Authority, are required to have a Public
Hearing giving the citizens an opportunity to attend the meeting. Typically, there is opposition with these
properties and we want to clarify any misconception about this development.
Mr. Meismer questioned that initially you are not going after the same type of tax credits. Is there
anything that would stop a conversionary process? It is his understanding that some of these processes
involve high-density situations, such as this, that are brought in and then converted in to a similar-type
process and then later taken off the tax rolls.
Mr. Frick assured Mr. Meismer that they have no plans to do that, they are a for-profit entity.
Mr. Meismer questioned Mr. Frick ifhe was aware of that type of tax conversion activity. Mr. Frick stated
no.
Councilmember Ebow questioned along the lines of affordable housing, not Section 8, what are the plans
for the management of these properties? What types of standards will you be conveying to Spencer
Landing?
Mr. Frick agreed this was a very important question, the most important part of an affordable project is the
management. They use Alpha Barnes Real Estate Services out of Dallas, Vescor has 3 locations in the
Houston area which Alpha Barnes are managing. Vescor has the same criteria and guidelines that is
imposed on the other tax credit properties, credit checks, crime checks, ability to disqualify applicants. An
important item, they award a unit to a law enforcement officer in the area, with residents being aware of
their residence.
Mr. Griffiths questioned about sex offenders? Mr. Frick informed him there would be no felons approved
to be residents.
Mr. Meismer requested Mayor Pro Tern to note his question, in the minutes, ofMr. Frick not being aware
of tax conversion activity.
Tim Smith representing the developer of Fair Mist Apartments with the Harris County Housing Authority
asked if there were any questions. There were no questions.
Barry Kahn agreed that management is very important, in addition to credit checks, employment checks,
and prior resident status. Harris County will be part of this development, it is a for profit entity. The tax
credits are purchased by financial institutions, major banks, etc. The purchasers have significant penalties
if things go wrong. Regarding taxes, all real estate is basically valued on its income approach, whatever
the income. One of the purposes of the affordable housing project and tax credits is to provide housing
and housing assistance for people who are of moderate means, including teachers, public service
City Council Regular Meeting and Workshop Meeting - April 12, 2004 - Page 8
employees, etc. Affordable housing extends a tool to attract businesses to relocate and qualify employees for
affordable housing.
The Workshop closed and the Regular Meeting reconvened at 6:40 p.m.
14. ADMINISTRATIVE REPORTS
City Manager Feazelle reminded Council and Staff of the Chamber Luncheon (Partners in Education) on
Wednesday, April 14, 2004, at 11:45 p.m. at La Porte High School Student Center; the Reception honoring
International Consular Corps of Houston on Monday, April 19, 2004, at 6:30 p.m. until 8:30 p.m.; Sylvan
Beach Day and Parade on Saturday, Apri124, 2004, at 10:00 a.m.; San Jacinto Day Festival on Saturday, April
24, 2004, from 10:00 a.m. until 6:00 p.m.; and San Jacinto Re-Enactment on Saturday, April 24, 2004, at 3:00
p.m.
15. COUNCIL COMMENTS
Councilmembers Engelken, Griffiths, Beasley, Ebow, Meismer, Young and Mosteit had comments.
16. 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
Council retired to Executive Session at 7:46 p.m. and the Regular Meeting reconvened at 9: 15 p.m.
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 9: 16
p.m.
Respectfully submitted,
LfVl&th~
Martha Gillett
City Secretary
Passed and approved on this 26th day of April 2004.
~~
-"./~ ---- ....
Norman Malone, Mayor
c
REQUEST FOR CITY COUNCIL AGENDA ITEM
Requested By:
Aoorooriation
Source of Funds: General CIP Fund 015
Department:
Account Number:015-9892-876.11-00
Report:
Resolution:
Ordinance:
x
Amount Budgeted: $141,050.00
Exhibit 1:
Ordinance
Amount Requested: $37,749.00
Exhibit 2:
Contract Agreement with CivilTech
Budgeted Item: ~ NO
Exhibit 3:
Vicinity Map
Exhibit 4:
Preliminary Layout
SUMMARY & RECOMMENDATION
As part of the FY 2003-2004 Budget for Capital Improvement Projects, City Council approved $141,050.00 for the
Pond to Park - Phase I Construction! Additional Design. The Pond to Park Project consists primarily of the design
and conversion of the existing detention pond on Driftwood Drive to a park and recreation facility.
Surveying will be completed by City of La Porte personnel, design and engineering will be performed by CivilTech
Engineering, Inc. On April 7, 2004, the City received a revised proposal in-line with city expectations of design
phase services. The proposal was received in the amount of $37,749.00. The contract will be complete within 4-6
weeks once the contract is signed and the surveying data are delivered to the consultant.
Staff has reviewed the proposal submitted and determined proposal from CivilTech Engineering Inc. is within the
budgeted amount. CivilTech Engineering Inc. is well qualified to perform the work. Staff recommends that the City
Council authorize the City Manager to execute a contract with CivilTech Engineering Inc. for an amount not to
exceed $37,749.00 to facilitate design.
Action Reauired bv Council:
Consider approving a contract with CivilTech Engineering Inc. for an amount not to exceed $37,749.00 to facilitate
design.
Approved for City Council Aeenda
Debra Brooks Feazelle, City Manager
Date
ORDINANCE NO. 2004. ;)1 J 7
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT
BETWEEN THE CITY OF LA PORTE AND CIVILTECH ENGINEERING,
INC. FOR DESIGN PHASE SERVICES OF THE DRIFTWOOD DRIVE
POND TO PARK PROJECT; APPROPRIATING AN AMOUNT NOT TO
EXCEED $37,749.00 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, 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. City Council appropriates the sum of $37,749.00
from Capital Improvement 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
ORDINANCE NO. 2004- ~l , 1
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 April 26, 2004
CITY OF LA PORTE
~
Mayor
ATTEST:
1JlF!a, Jiudl
Mar ha Gillett,
City Secretary
CiVllT e~h
Engineering, Inc.
Civil Eng;neering
Water Resouroes
Transporlation
Structures
Economic Analysis
April 7, 2004
Mr. John Joems
Assistant City Manager
City of La Porte
604 West Fairmont Parkway
La Porte, Texas 77571
Re: Pond to Park Design-Revised Proposal
Dear Mr. Joems:
In accordance with my discussion with you on April 6, 2004, and at the meeting with Nick
Finan, Stephen Barr and Robert Cummings on February 18, 2004, CivilTech Engineering, Inc.,
is pleased to present this revised proposal to provide professional engineering services for the
above referenced project. This proposal may serve as a Letter Agreement between the City of La
Porte, hereinafter referred to as the "Client", and CivilTech Engineering, Inc., hereinafter
referred to as the "Consultant". A General Terms of Agreement is attached hereto as Exhibit A
and made part of this Agreement.
This Letter Agreement presents the background, scope of work, compensation, and schedule to
perform the outlined services.
Background
The Client wishes to convert an existing residential detention facility into a public park/detention
facility that allows use by the general public and preserves the existing detention capability of
the pond. The detention facility is located near the intersection of Fairmont Parkway and
Driftwood Road. A feasibility study was completed by CivilTech Engineering last year and a
final conceptual plan was submitted to the City of La Porte on March 28, 2003. The City is
interested in a design that generally follows the conceptual plan and allows the improvements to
be constructed in phases with basic features constructed first and enhancements constructed at a
later date (see attached Preliminary Opinion of Probable Construction Cost). However, the city
requested that engineering fees for the basic park package and the engineering fees for the
enhancements be listed as separate line items, if possible.
It is our recommendation that all construction activities and/or features that involve excavation,
fill and grading of the detention basin surface that will impact the detention capacity and the
park's ability to function as a detention facility must be included in the basic park package. This
~20029/contractslPands to Park Design ProposaI.do<:
H-'on 11821 Tellle Road. CvDreSS. Texas 77429 . Tel: 281.304-0200 . Fax: 281.304-0210
Mr. John Joems
April 7, 2004
Page 2 of6
includes the excavation of the pond area, the fill associated with the viewing platform, the
vertical wall and footing required to support the viewing platform, the grading of the remaining
basin area and the installation of the I8-inch culverts and 48-inch outfall structure. After final
grading, the surface must be stabilized by revegetation, either by sodding or hydro mulching. We
would also recommend that the 4-inch water line be installed at this time to avoid future
excavation of the revegetated surface. The pipe can be installed as part of the basic package, but
the wet connection to the exiting waterline can be done as part of a later construction phase.
Although the elevated viewing platform and associated retaining wall should be included in the
basic park package, the pave stones for the viewing platform surface can be easily added in a
later phase. During the interim, it is recommended that the surface be revegetated by sodding or
hydromulching. Please refer to the attached Exhibit C for a detailed listing of basic park design
features and enhanced park features to be included at a later date.
In addition, the City desires to investigate the cause of frequent flooding at several intersections
along Driftwood Drive along the western boundary of the project and to design improvements to
facilitate drainage into the proposed pond in order to alleviate the drainage problems. It is our
understanding that the City of La Porte will provide the landscaping plants and materials for the
landscaping needs of the park. In addition, it is our understanding that the City will identify a
landscape architect/water feature designer to aid in the design ofthe pond.
Scope of Work
Services to be provided by this firm would consist of the following:
1. Site Visits, Coordination and Meetings: Visit site and attend meetings with client,
governing agencies including the City of La Porte, Harris County Flood Control District,
Harris County and utility companies as needed for coordination during the design phase
and plan preparation.
2. Topographic Survey: It is our understanding that the City of La Porte will provide a
topographic survey of all existing surface features and top of ground elevations at 100
foot intervals of the detention basin site. In addition, they will provide top of curb and top
of pavement elevations for the section of Driftwood fronting the existing detention basin
and the section of Springwood Drive fronting the reserve to facilitate the drainage
analysis of Driftwood.
3. Geotechnical Investigation - Provide a geotechnical investigation of the site to determine
suitability of existing soil conditions for construction of the amenity pond. Provide
recommendations for an appropriate liner should existing soil conditions prove
inadequate to properly retain water for the pond.
4. Site Design: Provide plan view drawing(s) of the geometric layout for construction of the
park with site features located as required (inc1. 4-inch waterline). Provide full dimension
controls for the pond, viewing platform, retaining wall, trails, picnic area, parking lot
(inc1. striping), and other misc. improvements. Obtain all required approvals from the
City of La Porte, Harris County and Harris County Flood Control District, as required.
Mr. Jolm Joems
April 7, 2004
Page 3 016
5. Site Drainage - Provide plan view drawing(s) of required grading and drainage features
to facilitate sheet flow of site to proposed pond.
6. Detention: Provide terrain modeling of proposed surface of the park to determine the
available detention volume to ensure that planned improvements do not reduce existing
detention capacity or function of detention basin.
7. Driftwood Drainage AnalysisIDesign - Investigate reported drainage problems and
determine if drainage improvements can be constructed to relieve ponding and facilitate
draining to detention basin. Include capacity analysis of the existing outfall from the
detention basin to the Harris County Flood Control Channel.
8. Structural Design - Provide design and associated details for the retaining wall associated
with the proposed viewing platform and pond. Coordinate with manufacturer of structural
blocks used for construction of retaining wall.
9. Provide Storm Water Pollution Prevention Plan for sediment control during construction.
10. Provide project manual including all specifications (in CSI format) and bid documents
with line items for all work described in the construction documents. Provide an
engineering opinion of probable construction cost.
11. Secure approvals of City of La Porte, Harris County, Harris County Flood Control as
required.
It is our understanding that the City of La Porte will contract with a Landscape Architect on
landscaping, pond enhancements, waterfall design and site lighting layout, details and
specifications.
For purposes of clarity, the following is a list of services that are not considered part of the scope
of work:
A. Acquisition of permits.
B. Topographic surveys or boundary maps.
C. Environmental site assessments or wetlands determinations.
D. Landscaping plans or details.
E. Design of trench safety systems or traffic control plans.
F. Irrigation plans or specifications.
G. Major revisions to drawings necessitated by changes required by Client after substantial
completion of the plans.
Compensation
Compensation for the above-described scope of work will be based our Hourly Rate Schedule as
provided in Exhibit B and the man hour & fee estimate as provided in the attached Exhibit C.
Mr. John Joems
April 7, 2004
Page 4 of6
As requested, we added provisions for a drainage analysis of drainage problems/rectification on
Driftwood ($4,330). In addition, we have included a proposal from Geotech Engineering &
Testing for the soils investigation ($3,404).
The engineering fees for the design, plans and specifications for the design of the basic park
package totals $23,575. The engineering fees associated with the drainage analysis and
improvements on Driftwood total $4,330. The engineering fees associated with the
improvements above the base package including the design of the retaining wall, parking lot and
waterline totals $5,980. Taken altogether, the total fees, including the fees for the geotechnical
soils investigation, and an estimated $460 for expenses total $37,749 (see attached man hour and
fee spreadsheet for details). The work shall be done on an hourly basis and will not exceed this
amount without prior authorization from the Client. Invoices will be submitted monthly and will
be due upon receipt.
Schedule
We understand that time is of the essence on this project. We estimate that it will take
approximately four (4) to (6) weeks to complete the above-described work and produce the
design plans and specifications for the basic park package once we receive the completed
topographic survey from the City. Upon receipt of the executed letter agreement, we will
immediately authorize the geotechnical engineer to proceed.
We appreciate the opportunity to submit this proposal for your consideration and look forward to
working with you on this important project.
Respectively submitted,
CIVIL TECH ENGINEERING, INc.
ACCEPTED BY:
~d~ f)~
Michael D. Lacy, P.E.
Vice President
Type or Print Name
Tt:f:Joc-fro. k fYl tt -hpYl QIlc(Y
4.~~. 0</
Date
Mr. John Jooms
April 7, 2004
Page5of6
CivilTech
Engineering, Inc.
EXHIBIT "A"
GENERAL TERMS OF AGREEMENT
1. This document will serve as a Contract for the proposed professional services.
2. The proposal is valid for a period of 60 days, after which the Consultant reserves the right to
review and revise the estimated fee, time schedule, and other terms specified herein.
3. This Contract is not assignahle except with the prior written consent of the Consultant and no
assignment shall relieve the undersigned of any obligations under this Contract.
4. The undersigned agrees to pay the Consultant for work performed in accord with the terms of
this Contract, without regard to the success of the project.
5. Payment to the Consultant is expressly not conditioned upon the undersigned receiving any
payment from third parties who are not a party to this Contract, such as other property
owners, developers, or funding agencies.
6. The individual executing this Contract, if acting on behalf of a partnership, corporation, or
funding agency, represents that helshe bas the authority to do so.
7. Where public hearings/meetings are involved, a minimum of two weeks' notice to the
Consultant is required for proper preparation including appropriate graphics and other visual
aids.
8. The Client or Consultant may terminate this Agreement at any time by notice in writing. The
Client shall pay the Consultant the prescribed compensation for the services actually
performed under this Agreement, less such payments on account of the charges as have been
previously made.
9. Accounts rendered are due and payable upon receipt of invoice.
10. Interest is presumed to be applicable to all unpaid accounts beginning 30 days after you
receive the invoice, at an interest rate of 1.5 percent compounded monthly.
11. In the event that the client defaults in making payments pursuant to this contract, the client
shall be responsible for all of the Consultant's collection costs, including reasonable
attorney's fees.
Mr. John Joems
April 7, 1004
Page 60f6
CivilTech
Engineering, Inc.
EXHIBIT "B"
2004 STANDARD RATE SCHEDULE
Classification
Rate/Dr
Principal Officer.......... ........ .............. ............ ....... ................. .................. ......................... $225 .00
Principal Engineer................ ................ ........... ................................ .............. ................... $170.00
Principal Associate ... ....... .... ................. ............. ...... .............. ..... ... ................ ................... $150.00
Senior Project Manager................. .................................................................................... $140.00
Project Manager.. ...................... ........ ............................. ................. ........................ ......... $130.00
Senior Project Engineer .......... ................. ............ ................... ............... ........................... $120.00
Senior Associate............ ............. ............................ ............ ...................... ........................ $11 0.00
Project Engineer........................................ ....................................................................... $100.00
Associate......... ..................... .......... ...... .................................. ................... .... ................... $95.00
Assistant Engineer ..... ...... ....... ...... ...... ............... ......... ................... ................................... $85 .00
Principal Design Technician.............................. ............................................................... $11 0.00
Senior Design Technician .... ......... ....... ................................ ............................................. $95 .00
Design Technician............................. .......... ..................................................................... $75.00
CADD Operator......... ............ .................. ........................................................................ $65 .00
Administrative........................................... ....................................................................... $67.00
Clerical................................. ............. ....................... .............. .......................................... $56.00
1) Rates include compensation, benefits, overhead and fee.
2) Travel, reproductions, telephone, supplies and other direct project expenses at cost plus 10 percent.
3) For appearance at formal hearings or court testimony, the above rates are to be increased by 50
percent.
4) Fees are payable in U.S. Dollars without discount.
CITY OF LA PORTE
POND TO PARK DESIGN PHASE SERVICES
EXHIBIT C
BAS/C SERVICES MANHOUR AND FEE ESnMATE
TASK
NO.
DESCRIPTION
POND TO PARK BASIC DESIGN - DWGS & TASKS
ESTIMATE OF REQUIRED DRAWINGS FOR BASIC BID PACKAGE
PROJECT TITLE SHEET; VICINITY MAP; INDEX OF DRAWINGS
SITE PREPARATION 8. CONSTRUCTION NOTES
PlAN- DIMENSioNED CONTROL, uTn:'ny AND PAVING PLAN
PL.AN - GRADING & DRAINAGE . ....
DRII:TWOOD IMPROVEMENTS ~ PL.AN & PROFILE
CROSS:SECTioNS. ..
PA\I.EMENT, (;URB, &. DRIVEWAY DETAILS
STORM ~EWE.R& WATER LINE DETAILS
RETAINING WALL, FOOTING & DETAILS
'EXCAVATI()N;BEDDING & BACKFILL DETAILS
SWPPP PLAN
SWPPP & REVi:GET ATION DETAIL~
TOTAL NO. DWGS FOR BASIC BID PACKAGE
1
2
3
4
5
6
7
B
9
10
11
12
DESIGN/MANAGEMENT ACTIVITIES - BASIC PARK PACKAGE
13 COORDI~TIO~l:\ItEW ~EETING13 (3 Meetings TotaO
14' SltE:VlSIT~Ec:O!'lNASSAINCE (? TC)jaO. .....
15 SiTE DESIGNlGEOMETRlc;S()F ~~SI~. PARK LAYOUT
16 SITE DRAINAGElSHEE;TFLOW DE~IGN .....
17 TERJV.INlIAODELlNGNERIFICATION OF DETENTION CAPACITY
1B... QAlQC ...
19..... APPROVALS...... .
20 PROJECT MANUALF()R BASIC BID p....CI<AGe.W/SPEC'S
21 CAlCULATE QUANTITIES & PRODUCE BID DOCUMENTS
TOTAL DESIGNlMGMT HRSlFEES FOR BASIC BID PACKAGE
ESTIMATED
PLAN SHEET
REQUIREMENTS
QNTY
1
1
1
1
1
1
1
1
1
1
1
1
SCALE
NIA
N1A
1"=40'
1''=40'
1 ";2CliI1 ''=2'
1 "=20'11 ''=2'
VARIES
VARIES
VARIES
VARiES
1"=100'
VARIES
SHTS
NIA
NIA
N1A
N1A
NIA
N1A
N1A
N1A
NIA
22
23
24
DESIGN/MANAGEMENT ACTIVITIES - PHASED IMPROVEMENTS ABOVE BASE PACKAGE
N1A
N/A
N1A
1 MH 34.00
1 MH 40.00
1 MH 24.00
SUBTOTAL DESIGN MH'S
SITE DESIGNlGEOMETRICSOF PARKING LOT & WATERLINE 1
DRIFTWOoD DRAINAGE ANALYSIS 1
RETA.INiNGWAi..L STRUCTURAi.. DESIGN 1
TOTAL DESIGNlMGMTTASKS 12
TOTAL ESTIMATED MANHOURSIFEES
OTHER DIRECT COSTS:
GEOTECHNICAL
OTHER DIRECT COST TOTAL
$
$
3,404.00
3,404.00
server2:12002l220029.001P0nd to Park Design.ManhrsFee Est_Rev 4-7 -04.x1s
12
1
1
1
1
1
1
1
1
1
CIVILTECH ENGINEERING, INC.
CEI PROJECT NO. 220029.00
BASIS OF
MANHOUR
ESTIMATE
TOTAL TOTAL MANHOURS PER WORK TASK BY STAFF CLASSIFICATION TOTAL
MH'S PER PRINC SENIOR PROJ ASST SENR CADD ADMIN MH'S PER
UNIT OF ENGR ENGR ENGR ENGR TECH TECH WORK
WORK
QNTY
1
1
1
1
1
1
1
1
1
1
1
1
UNIT
SHTS
SHTS
SHTS
SHTS
SHTS
SHTS
SHTS
SHTS
SHTS
SHTS
SHTS
SHTS
SUBTOTAL DWG MHS
1
1
1
1
1
1
1
1
1
Page 1 of 1
$170.00 $150.00 $100.00
5.00
10.00
20.00
20.00
2B.00
1B.00
6.00
4.00
B.OO
4.00
4.00
4.00
MH
MH
MH
MH
MH
MH
MH
MH
MH
14.00
10.00
22.00
24.00
12.00
4.00
6.00
14.00
1B.00
0.00
0'-00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.60
0.00
0.00
o
2.00
0.00
0.00
2.00
0.00
2.00
0:00
0.00
0.00
8
6.00
2.00
4.00
4.00
2.00
2.00
2.0Cl
2.00
4.00
28
2.00
4.00
2.00
8
14
46
0.00
0.00
0.00
0.00
2.0Cl
0.00
0.00
0.00
0.00
0.00
0:00'
0.00
2
10
4.00
B.OO
4.00
16
$B5.00
0.00
2.00
2.00
2.00
4.0Cl
0.00
0.00
0.00
0.00
0.00
0.00
0.00
35
0.00
4.00
8.00
B.OO
10.00
0.00
2.00
4.00
6.00
42
6.00
4.00
10.00
10.00
0.00
0.00
2.00
8.00
8.00
48
$75.00
1.00
4.00
4.00
4.00
6.00
4.00
iClCl
2.ClO
4.00
2.00
1.00
1.00
34
$65.00 $67.00
0.00
2.00
6.00
6.00
B.DCl
6.00
2.00
0.00
2.00
O.OCl
1.00
1.00
4.00
2.00
8.00
8.00
8.00
B.OCl
2.00
2.00
2.06
2.0Cl
2.90
2.00
50
5.00 $
10.00 $
20:00 $
20.06 $
2B.ClO $
18:00 $
6.00 $
4.00 $
B.ClO $
4.00 $
4.00 $
4.00 $
o
131
10.00
10.00
B.OO
28
to.OO
10.00
10.00
30
0.00
0.00
0.00
0.00
0.00
0.00
0:00
0.00
0.00
o
B.OO
8.(lO
0.00
16
0.00
0.06
0.00
0.00
0.00
0.00
0.00
0.00
0:00
o
14.00 $
10.00 $
22.00 $
24.00 $
12.00 $
4.00 $
6.60 $
14.00 $
0.00 18:00$
o 124 $
0.00
0.00
0.00
o
o
34.00 $
40.00 $
24.00 $
98 $
353 1$
80
113 I 50 I 50 r 0
TOTAL DESIGN FEES: $
EXPENSES (Printing, mileage, etc.) $
TOTAL ADDITIONAL SERVICES FEES: $
TOTAL DESIGN PHASE FEES . , . . . . . .. $
01-Apr-04
TOTAL
COST PER
WORK
345.00
B20.00
1,510.00
1,510.00
2,330.00
1,310.00
450.00
300.00
620.00
309.00
290.00
290.00
$
10,075.00
1,750.00
1,040.00
2;250.00
2,590.00
1,300.00
640.00
670.00
1,380.00
1.B80.0Cl
13,500.00
3,390.00
4,330:00
2,590.00
10,310.00
33,885.00
33,885.00
460.00
3,404.00
37,749.00
t
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requ.ested April 26, 2004
Requested By: Mayor Malone/Mayor Pro fern
Appropriation
Source of Funds: nta
Department:
Mayor'i Office
Account Number: n/a
Report:
Resolution:
Ordinance:
x
Amount Budgeted: n/a
~
Amount Requested:
Exhibits:
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
This replacement is being made to the La Porte Area Water Authority due to the resignation of Al Fields.
Mr. Dennis Steger is being recommended and was introduced to City Council at the meeting held on April 12,
2004.
Action Required bv Council:
Consider approving Ordinance appointing Mr. Dennis Steger to Position 2 of the La Porte Area Water Authority.
Date
1- 02_/J ~o f
ORDINANCE NO. 2004-(;21/ g
AN ORDINANCE APPOINTING A MEMBER TO THE LA PORTE AREA WATER
AUTHORITY, FOR A TERM EXPIRING AUGUST 31, 2005, 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 of the city of La Porte hereby
appoints the following member to the La Porte Area Water Authority,
for term expiring August 31, 2005, or until his successor shall
have been duly appointed and qualified:
position 2
Dennis steger
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 26th day of April, 2004.
Malone, Mayor
ATTEST:
~r1dAajl r4'.uv
Mar ha A. Gillett, City Secretary
I
APP~: 7. / fI'
~)i,;?V: W40rAl-
Knox W. Askins, City Attorney
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: 04/26/04
rl~
Requested By: n ~orp., Chip.fRllilding Official
Appropriation
Source of Funds:
General Funds
Department:
Plllllllill~ Depllrtmellt
Account Number: 001-9092-524-6001
Report: X Resolution:
Ordinance:
X
Amount Budgeted: $ 56,662.75
Amount Requested:
Exhibits: Mailing List for Neighbor within 200' Radius
Budgeted Item: YES NO
Exhibits: Zoning Board of Adjustment Document
Exhibits: Map of Apartment Complex
Exhibits: One Exterior Shot and Where Available. One Interior Shot of Each Buildine:
Exhibits: Inspection Reports and Slide Presentation
Exhibits: Condemnation Ordinances
SUMMARY & RECOMMENDATION
City Council is asked to consider condemning and ordering the demolition of nine (9) substandard structures located
within the site known as 200 Garfield (Flamingo Bay Apartments a.k.a. Garfield Apartments). Subsequent to this
meeting, as required by the City's Code of Ordinances Article VIII; Section 82-475 and as amended by Ordinance
#04-2700, a notice was published in the Bayshore Sun. A certified letter containing the public notice was mailed to
the owner of the buildings in question.
The purpose of this public hearing is to receive property owner and citizen comments as to why each of the
structures should or should not be condemned and demolished. Following the close of the hearing, Council will be
asked to consider condemnation of the structures. The ordinances have been prepared so they correspond with the
apartment complex map included with this packet.
There are nine (9) structures located within the complex and a condemnation ordinance has been prepared for each
one. As the ordinances are all in a standardized form with only the building numbers changing, to reduce the
bulkiness of the agenda packet, we have attached only one complete ordinance. However, since the information
shown on the inspection reports vary from building to building, we have attached all of the reports.
The Dangerous Building Inspection Board (Chief Building Official, Fire Marshal and Fire Chief) unanimously
recommend all nine (9) of the substandard buildings be condemned and demolished.
Action Required bv Council:
1. Conduct Public Hearing
2. Consider passing ordinances condemning each of the nine (9) structures
3. Consider tabling any structure that may need additional consideration/review
4- d-(J ~o if
Date
UANUERUUS BUILDINGS. SPRING 2004
Mailing List to Neighbors
The following is a list of property owners/neighbors who are located within a 200' radius
of the site known as the Garfield Apartments, 200 Garfield. A public hearing notice for
this meeting was mailed to each individual.
In past years, many area residents have expressed concerns regarding the condition of the
buildings and site; however, only four individuals live within the standard radius utilized
for public hearing mail-outs.
1) Sylvester L. Klataska - 55 Garfield - La Porte, TX 77571-6471
2) Herbert C. & Minerva Lewis - 114 Garfield - La Porte, TX 77571-6458
3) Allen L. Wright -71 Garfield - La Porte, TX 77571-6471
4) Ranjitbhai P. Patel- 1601 S. Broadway St., #11- La Porte, TX 77571-6565
S:\CPShare\INSPECTION DIVISION\ALL OTHER STUFF\Code Enforcement\Dang Buildings\Neighbor's Mailing List 2004.doc
CITY OF LA PORTE, TEXAS
ZONING BOARD OF ADJUSTMENT
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
NCSOO-001
JANUARY 27, 2000
Upon conclusion of the public hearing of the above-referenced cause, held on January
27, 2000, at 7:00 p.m. at La Porte City Hall, 604 West Fairmont Parkway, during which
witnesses were called and testified, subsequent to being placed under oath, the Zoning
Board of Adjustment of the City of La Porte, Texas, meeting in duly called open session
at La Porte City Hall, makes the following findings of fact and conclusions of law:
FINDINGS OF FACT:
1. The applicant, Lakeside Center, Inc. ("Lakeside") was proposing to reopen the
Flamingo Bay Apartments, 200 Garfield ("Flamingo Bay"), located within the City of
La Porte, Harris County, Texas.
2. Notices of the public hearing held before the Zoning Board of Adjustment of the City
of La Porte, Texas ("the Board") were properly mailed and published, according to
law.
3. Flamingo Bay was built in the mid-1960's, and was occupied until July, 1997.
4. Flamingo Bay ceased to be occupied from July, 1997 until the date of the hearing, a
period close to 2 % years.
5. Lakeside established no evidence of intent in connection with the abandonment of
the property, including establishing no evidence of intent of abandonment prior to
Lakeside's acquisition of Flamingo Bay.
6. Flamingo Bay is Zoned R-3, Multi-family Residential, which is a zoning classification
apropos for apartments.
7. Flamingo Bay has 19 off-street parking spaces. The Zoning Ordinance requires
135. Flamingo Bay proposed to construct an additional 16 off-street parking spaces,
providing a total of 35 proposed off-street parking spaces, or 100 short of Zoning
Ordinance requirements.
8. Flamingo Bay consists of 9 separate buildings. 5 of these existing buildings
significantly encroach on front and/or side and/or rear yard setbacks required by the
Zoning Ordinance, to varying degree. Lakeside made no proposal to alleviate these
encroachments.
9. Flamingo Bay resides on 1.83 acres of land, and has 57 dwelling units, a ratio of 31
dwelling units per acre. The Zoning Ordinance requires a maximum ratio of 27
dwelling units per acre. Lakeside made no proposal to alleviate this excessive (per
Zoning Ordinance) density.
10. The Lakeside proposal, relative to landscaping, would have satisfied Zoning
Ordinance requirements.
11. Lakeside was, prior to purchasing Flamingo Bay in December, 1999, notified of the
non-conforming aspects of this project.
Zoning Board of Adjustment,
City of La Porte
Findings of Fact and Conclusions of Law
Page 2
02/22/00
12. Numerous problems occurred between nearby residents and former tenants of
Flamingo Bay in the past. Lakeside promised to rectify these problems with security
measures and a proposed neighborhood council.
13.Lakeside purchased Flamingo Bay out of $1,491,842.00 in HOME grant funds. A
budget exists in the amount of $800,000.00 for renovation and/or construction of the
project. Serious questions exist as to whether the budget is sufficient to alleviate
foundation and/or other structural problems, HVAC problems, drainage problems,
environmental problems, and other code compliance problems.
14. Overwhelming testimony from La Porte citizens and nearby residents of the property
opposed the project as proposed by Lakeside. The testimony came in oral and/or
written form.
15. The Flamingo Bay renovation is not consistent with the stated goals of the Zoning
Ordinance to eliminate non-conformity where existing.
16.Any conclusions of law which may be deemed findings of fact are adopted as part of
these findings.
CONCLUSIONS OF LAW
1. Clear evidence in the record shows that Flamingo Bay Apartments have been
abandoned for a period in excess of 180 consecutive calendar days prior to the
application of Lakeside for redevelopment. No substantial evidence of intent
regarding abandonment was put forward by the applicant, or could be reasonably
inferred from the testimony in front of the Board. The Board concludes that
Flamingo Bay Apartments have been abandoned as a matter of law, consistent with
Zoning Ordinance provisions relative to abandonment of non-conforming structures,
and non-conforming lots of record. The Board concludes that Applicant failed to
prove Applicant's intent relative to abandonment of the structures.
2. Section 1 06-262(h )(2) of the Code of Ordinances of the City of La Porte states:
". .. (The) use of the non-conforming structure, when abandoned, shall not resume..."
3. As a matter of Law, the use of Flamingo Bay Apartments, which are non-conforming
structures as defined under the terms of the Zoning Ordinance of the City of La
Porte, shall not resume.
4. Any findings of fact which may be deemed conclusions of law are adopted as part of
these conclusions.
PASSED AND APPROVED BY THE BOARD OF ADJUSTMENT, CITY OF LA
PORTE, TEXAS, FEBRUARY 24, 2000.
ZONING BOARD OF ADJUSTMENT, CITY OF LA PORTE, TEXAS
By:
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City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DATE: 4-1-04
SlREET ADDRESS: 200 GARFIELD ST. BLDG 1
OWNER:
200 GARFIELD LLP
AGENf:
JOE NEV ARRO
MAILING ADDRESS:
6126 ROBERTA PLACE. STOCKTON. CA 95212
LEGAL:
BLKI8' LOTS 1~& 11-16&ADJ 16' ALLEY: SYLVAN BEACH
OCCUPANCY TYPE: RESIDENTIAL (HI-DENSITY)
ZONING:
R-3
NON-CONFORMlNG ISSUES: SEE ZONING BOARD OF ADJUSTMENT DOCUMENT
F ACD..ITIES A V AD..ABLE: WATER YES
ELECI'RlCAL: YES
SEWER
GAS:
YES
YES
NO.OF DWELLING UNITS:
(5) UNITS
VACANT:
YES
OCCUPIED:
AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF
INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE
BUILDING LOCATED THEREON, IN THEIR OPINlON, IS IN FACT A DANGEROUS BUD..DING, FOR THE
FOLLOWING REASONS:
Sec. 82-473. Declaration of PubJic Nuisance and Hazard.
A. Dangerous or Substandard Buildings or Structures.
A building or structure shall be considered dangerous or substandard whenever it is
determined by the Board, that any or all of the foUowing is applicable:
L-I. A building that is vacant, and is not up to current building code standards. These vacant buildings
can be either open to trespass or boarded up;
_2. Whenever any portion thereofhas been damaged by fire, earthquake, wind, flood, or by any other
cause to such an extent that the structural strength or stability thereof is materially less than it was before such
catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure,
purpose or location;
L-3. Whenever any portion or member or appurtenance tIiereof is likely to filii, or to become detached
or dislodged, or to collapse and thereby injure persons or damage property;
4. Whenever the building or structure, or any portion thereot: because of (a) dilapidation,
deterioration, or decay; (b) fiwlty construction; (c) the removal, ~ovement or instability of any portion of the
ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its
foundation, or (e) any other cause, is likely to partially or completely collapse;
L-S. Whenever, for any reason, the building or structure, or any portion thereof: is manifestly unsafe for
the purpose of which it is being used;
Dangerous Buildings Inspection F 0IlD Bldg I
rage./.
L-6. Whenever the building or structure bas been so damaged by fire, wind, earthquake, or flood, or has
become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c)
enable persons to resort thereto for the purpose of committing unlawful acts;
L-7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of
inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or
sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in
such a condition that is likely to cause sickness or disease;
L-S. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration,
damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or
heating apparatus or other cause, is determined by the Board to be a fire hazard;
B. Dangerous or substandard electrical, plumbing, or mechanical installations.
A building or structure shall be considered dangerous or substandard whenever it is determined by
the Board, that any or all of the following is applicable:
L-l. Whenever any protective or safety device specified in The Electrical Code and of this title is not
provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally
intended;
L-Z. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or
decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use
constitutes a hazard to life, health, property or safety;
3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake,
flood or any other cause so as to constitute a potential hazard to life, health, property or safety;
_4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained
in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or
safety.
FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECITON:
OPTION #1:
(REPAIRABLE - RESIDENTIAL)
IN ACCORDANCE WITH THE 1994 EDmON OF THE STANDARD HOUSING CODE. AS ADOPTED AND
ENACTED BY THE CITY OF LA PORTE'S CODE OF ORDINANCES ARTICLE Vl SECITON 82-41 I AND
ORDINANCE #97-2198. USING THE CODE AS ITS GUIDE. IT IS THE OPINION OF THIS INSPECITON BOARD
THAT TInS BUILDING IS IN FACT DANGEROUS. BUT STIlL REPAIRABLE. ALL REQUIRED REPAIRS OR
ALTERATIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTE CODES AND
ORDINANCES. IF THE REPAIR OR ALTERATION ORDER IS NOT COMPLIED WITH WITHIN THE TIMETABLE
SET OUT IN ARTICLE vm. SECITON 82-478 OF THE CITY'S CODE OF ORDINANCES. IT IS THEN THE OPINION
OF TInS INSPECTION BOARD THAT TInS BUILDING BE DEMOLISHED.
X~ t W~uJ LJ-c,-(}~
BUILDING OffICIAL'S OffICE DATE
~_-./~~v
MARSHAL'S OffIcE ATE /
X It/#! l3iY tJ%~~f
FIRE CHIEFS OffICE DATE
Dangerous Building Inspection Fonn Bldg 1
A = Adequate
I. SlRUCTURAL
A. Foundation
l.SIab
2. Pier & Beam
a Footings
b. Sills
c. Joists
B. Walls
1. Exterior
2. Interior
Means of Egress
l. Doors
a Interior
b. Exterior
2. Porches, Steps,
Stairs
3. Windows
D. Roof
l. Rafters
2. Deck, Shingles
E. Ceilings
l. Joists
2. Ceiling
F. Floors
G. Other
II. MEHCANICAL SYSTEMS
A. Eledrica1
l. Service Entrance
& Panel
2. Wiring
3. Lights, Switches
4. Outlets
5. Other
Page 3
D = Deficient
BUll..DING EVALUATION CHECKLIST
NI A = Not Applicable
lL--
NIA.-
N/A
N/A
lL--
IL-
!lliK-
UNK.
UNK.
lL--
NlA.-
lL--
UNK.
lL--
UNK.
lL--
lL--
UNK.
!lliK-
UNK.
UNK.
UNK.
UNK.
UNK.
!lliK-
!lliK-
lL--
!lliK-
!mK.-
!lliK-
!lliK-
UNK.
COMMENT I EXPLANATION
SIGNS OF UNEVEN SETTLEMENT
SOME WAlL SEPARATION
VISIBLE nnm UPSTAIRS WINDOW. (3) UNITS HAVE
DRYWAlL MISSING
BOARDED UP: UNABLE TO INSPECT
BOARDED UP: UNABLE TO INSPECT
NO EXlERIOR PORCH/STAIRS. UNABLE TO INSPECT
IN1ERIOR
UP WINDOWS BUSTED OUT: DOWN WINDOWS BOARDED UP
HOLES IN DECKING OBSERVED
BOARDED UP: UNABLE TO INSPECT
FALLEN DRYWAlL OBSERVED THRU WINDOWS
BOARDED UP: UNABLE TO INSPECT
SOFFIT. F AClA ROT
MISSING INSIDE PANEL COVER. DAMAGED BOX. WIRING
NOT TO CODE
BOARDED UP: UNABLE TO INSPECT
BOARDED UP: UNABLE TO INSPECT
BOARDED UP: UNABLE TO INSPECT
BOARDED UP: UNABLE TO INSPECT
BOARDED UP: UNABLE TO INSPECT
BOARDED UP: UNABLE TO INSPECT
BOARDED UP: UNABLE TO INSPECT
BOARDED UP: UNABLE TO INSPECT
BOARDED UP: UNABLE TO INSPECT
BROKEN PIPES lEXIERIOR)
BOARDED UP: UNABLE TO INSPECT
BOARDED UP: UNABLE TO INSPECT
BOARDED UP: UNABLE TO INSPECT
BOARDED UP: UNABLE TO INSPECT
NOT VISIBLE
WEEDS
Comments:
SECURING OF BUILDING DONE BY CITY OF LA PORTE
B. Plumbing
l. Fixtures
a Sink
b. Lavatories
c. Water/Closets
d. Shower
e Water Heater
2. Water Piping
3. Drain, Waste
& Vent
4. Sewer/Septic tank
5. Gas System
CHeating & Ale
l. Heating
2. Air Conditioning
m. PROPERTY CONDmONS
1. Ai:J:I:.ssory Sttuctures NIA.-
2. Condition of Grounds lL--
3. Oth<<
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City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DATE: 4-1-04
STREET ADDRESS: 200 GARFIELD. BLDG 2
OWNER:
200 GARFIELD. lLP
AGENT:
JOE NEVARRO
MAILING ADDRESS:
6126 ROBERTA PLACE. STOCKTON. CA 95212
LEGAL:
BLKI8.LTS 1-6. & 11-16 &ADJl6' AlLEY. SYLVAN BEACH
OCCUPANCY TYPE: RESIDENTIAL lID-DENSlTYl
ZONING:
R-3
NON-CONFORMING ISSUES: SEE ZONING BOARD OF ADJUSTMENT DOCUMENT
FACILITIES AVAILABLE: WATER YES
ELECTRICAL: YES
SEWER
YES
GAS:
YES
NO.OF DWELLING UNITS:
(8) UNITS
VACANT:
YES
OCCUPIED:
AS REQUIRED IN THE ClTY'S CODE OF ORDINANCE. CHAPTER 82; ARTICLE vm. THE BOARD OF INSPECTION
MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED
THEREON, IN THEIR. OPINION, IS IN FACT A DANGEROUS BUUDING, FOR THE FOLLOWING REASONS:
Sec. 82-473. Declaration of Public Nuisance and Hazard.
A. Dangerous or Substandard Buildings or Structures.
A building or structure shall be cousidered dangerous or substandard whenever it is determined by
the Board, that any or all of the foUowing is applicable:
L-l. A building that is vacant, and is not up to current building code standards. These vacant buildings can be
either open to trespass or boarded up;
2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause
to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is
less than the minimum requirements of the building code for new buildings of similar structure, purpose or location;
L-3. Whenever any portion or member or appurtenance thereof is likely to fuil, or to become detached or
dislodged, or to collapse and thereby injure persons or damage property;
L- 4. Whenever the building or structure, or any portion thereof: because of (a) dilapidation, deterioration, or
decay; (b) fiwlty construction; (c) the removal, movement or instability of any portion of the ground necessary for the
purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is
likely to partially or completely collapse;
L-S. Whenever, for any reason, the building or structure, or any portion thereof: is manifestly unsafe for the
purpose of which it is being used;
"-'G.U.fj.....I.V_ .....u.u.~ '""""y-wv&&.A. ....A.~ .........6-
L-6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has
become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable
persons to resort thereto for the purpose of committing unlawful acts;
L-7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of
inadequate maintenance, dilapidation, decay, damage, faulty construction or anangement, inadequate light, air, or
sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a
condition that is likely to cause sickness or disease;
L-s. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration,
damage, inadequate exits, lack of sufficient fire-resistive construction, fuulty electric wiring, gas connections, or heating
apparatus or other cause, is determined by the Board to be a fire hazard;
B. Dangerons or substandard electrical, plumbing, or mechanical instaIlations.
A building or structure shall be considered dangerous or substandard whenever it is determined by
the Board, that any or all of the foUowing is applicable:
L-l. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided
or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originaUy intended;
L-2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b)
faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to
life, health, property or safety;
L-3. Whenever any instaUation or any portion thereof which is damaged by fire. wind, earthquake, flood or
any other cause so as to constitute a potential hazard to life, health, property or safety;
L- 4. Whenever any instaUation or any portion thereof was constructed, installed, altered or maintained in
violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or safety.
FINDINGS AND CONCLUSIONS OF nm BOARD OF INSPECTION:
SELECT OPTION #: OPTION #1:
(REF AIRABLE - RESIDENTIAL)
IN ACCORDANCE wrm mE 1994 EDmON OF mE STANDARD HOUSING CODE. AS ADOPTED AND ENACTED BY
mE CITY OF LA PORTE'S CODE OF ORDINANCES ARTICLE VI. SECTION 82-411 AND ORDINANCE #97-2198. USING
nm CODE AS ITS GUIDE. IT IS nm OPINION OF THIS INSPECTION BOARD THAT THIS BUILDING IS IN FACT
DANGEROUS. BUT sm REPAIRABLE. ALL REOUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN
ACCORDANCE WIllI ALL APPLICABLE CITY OF LA PORTE CODES AND ORDINANCES. IF mE REPAIR OR
ALTERATION ORDER IS NOT COMPLIED WITH WI'IHIN mE TIMETABLE SET OUT IN ARTICLE vm. SECTION 82-478
OF nm CITY'S CODE OF ORDINANCES. IT IS '!HEN mE OPINION OF THIS INSPECTION BOARD THAT THIS
BUILDING BE DEMOLISHED.
x~~ ~,W~ a'l-()~-()4-
BUILDING OFFICIAL'S OFFICE DATE
~.L&.~/ ~
/ .~ ~ .
. . /~ . "Pif-~. Xl'
MARSHAL'S OFFICE DATE
X 1dJ11' Pnoo;e ()~#N
FIRE S OFFICE A
Dangerous Building Inspection Farm Bldg 2
Page 3
BUll..DING EVALUATION CHECKLIST
NI A = Not Applicable
D = Deficient
A = Adequate
I. STRUCTURAL
COMMENT I EXPLANATION
A. Foundation
1. Slab
2. Pier & Beam
a Footings
b. Sills
c. Joists
SIGNS OF UNEVEN SETILEMENT
!L...-
HlA.-
N/A
N1A
B. Walls
1. Exterior
2. Interior
SOME WALL SEPARATION
DRYWALL DAMAGE VISIBLE THRU WINDOW UPSTAIRS
!L...-
IL--
C. Means of Egress
1. Doors
a Interior
~
~
MAJORllY OF APTS WERE BOARDED UP. UNABLE TO
INSPECT
MOST DOORS BOARDED UP
UNSAFE. RUSTED. AND/OR DAMAGED
BROKEN OUT AND/ORBOARDED UP
b.Exterior
2. Porches, Steps,
Stairs
3. Windows
!L...-
IL--
D. Roof
1. Rafters
2. Deck, Shingles
~
IL--
POOR ROOF CONDmON: MAJOR WAlERDAMAGE TO
CEILINGS UPSTAIRS
Eo Ceilings
1. Joists
2. Ceiling
UNK
IL--
MAJORIlY NOT VISIBLE
(Up) VISIBLE CEILING COLLAPSE IN ONE UNIT: (DOWN)
UNITS BOARDED UP
(Up) 1 OPEN UNIT FLOOR STABLE: 01HERS UNKNOWN
FACIA & SOFFIT ROT
F. FlOOR
~
G. Other
IL--
ll. MEHCANICAL SYSTEMS
A. Electrical
I. Service EntIance
& Panel
2. Wiring
3. Lights, Switches
4. Outlets
S. Other
IL--
~
MISSING INSIDE PANEL COVER WIRING NOT TO CODE
(l) OPEN UNIT HAD BROKEN SWITCH & OUTLET COVER
OTIIERS UNKNOWN
. .
UNK
~
B. Plumbing
1. Fixtures
a Sink
b. Lavatories
c. Water/Oosets
d. TublShower
e. Water Heater
2. Water Piping
3. Drain, Waste
& Vent
~
~
~
~
IL--
IL--
IL--
(l) OPEN UNIT - FIXTURES ADEOUATE: OTHERS UNKNOWN
. .
NOT VISIBLE
EXT. PIPES BROKEN
(l) UNIT - HOLE IN DRAIN PIPE UNDER SINK. OTHERS
UNKNOWN
BOARDED UP: UNABLE TO INSPECT
BOARDED UP: UNABLE TO INSPECT
4. Sewer
S. Gas System
B. Heating & AlC
1. Heating
2. Air Conditioning
m. PROPERTY CONDmONS
1. Accessory Structures NI A
2. Condition of Grounds IL-- WEEDS
3. Other .
CoIllJJleDtS: INTERIOR INSPECTION MADE ON OPEN UNIT UPSTAIRS (WEST APARTMENT) ON 3.1~4.
SECURING OF BUILDING DONE BY CLP
~
~
IL--
UNK
(l)UNITUPSTAIRS. WEST APT-WAlERDAMAGEFROMRooF
NOT VISIBLE
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City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DATE: 4-1-04
STREET ADDRESS: 200 GARFIElD. BLDG 2
OWNER:
200 nARFTF.I n. LLP
AGENT:
JOE NEVARRO
MAll..ING ADDRESS:
6126 ROBERTA PLACE. STOCKTON. CA 95212
LEGAL:
BLK 18. LTS 1-6 & 11-16. & ADJ 16' ALLEY. SYLVAN BEACH
OCCUPANCY TYPE: RESIDENTIAL (HI-DENSITY)
ZONING:
R-3
NON-CONFORMING ISSUES: SEE ZONING BOARD OF ADJUSTMENT DOCUMENT
F AClLlTlES A V AlLABLE: WATER YES
ELECTRiCAL: YES
SEWER
YES
GAS:
YES
NO.OF DWELLING UNITS:
(8) UNITS
VACANT:
YES
OCCUPIED:
AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VITI, THE BOARD OF INSPECTION
MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DEfERMINED THE BUILDING LOCATED
THEREON, IN THEm OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS:
Sec. 82-473. Declaration of Public Nuisance and Hazard.
A. Dangerous or Substandard Buildings or Structures.
A building or structure shall be considered dangerous or substandard whenever it is determined by
the Board, that any or all of the following is applicable:
L-l. A building that is vacant, and is not up to current building code standards. These vacant buildings can be
either open to trespass or boarded up;
_2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause
to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is
less than the minimum requirements of the building code for new buildings of similar structure, purpose or location;
L-3. Whenever any portion or member or appurtenance thereof is likely to fail. or to become detached or
dislodged, or to collapse and thereby injure persons or damage property;
L- 4. Whenever the building or structure, or any portion thereo~ because of (a) dilapidation, deterioration, or
decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the
purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is
likely to partially or completely collapse;
L-S. Whenever, for any reason, the building or structure, or any portion thereo~ is manifestly unsafe for the
purpose of which it is being used;
Dangerous Buildings Inspection Form Bldg 2
Page 2
L-6. Whenever the building or structure bas been so damaged by fire, wind, earthquake, or flood, or bas
become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable
persons to resort thereto for the purpose of committing unlawful acts;
L-7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of
inadequate maintenance, diIapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or
sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a
condition that is likely to cause sickness or disease;
L-S. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration,
damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or heating
apparatus or other cause, is determined by the Board to be a fire hazard;
B. Dangerous or substandard electrical, plumbing, or mechanical installations.
A building or structure shall be considered dangerous or substandard whenever it is determined by
the Board, that any or all of the foUowing is applicable:
L-l. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided
or is inoperative, defective, diIapidated, or deteriorated so as to threaten to fail or function as originally intended;
L-Z. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b)
fuulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to
life, health, property or safety;
L-3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or
any other cause so as to constitute a potential hazard to life, health, property or safety;
L- 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in
violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or safety.
FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION:
SELECT OPTION #: OPTION #1:
(REPAIRABLE - RESIDENTIAL)
IN ACCORDANCE WITH THE 1994 EDmON OF THE STANDARD HOUSING CODE. AS ADOPTED AND ENACTED BY
THE CITY OF LA PORTE'S CODE OF ORDINANCES ARTICLE VI. SECTION 82-411 AND ORDINANCE #97-2198. USING
THE CODE AS ITS GUIDE. IT IS THE OPINION OF THIS INSPECTION BOARD THAT THIS BUILDING IS IN FACT
DANGEROUS. BUT STILL REPAIRABLE. ALL REOUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN
ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTE CODES AND ORDINANCES. IF THE REPAIR OR
ALTERATION ORDER IS NOT COMPLIED WITH WITHIN THE TIMETABLE SET OUT IN ARTICLE VIII. SECTION 82-478
OF THE CITY'S CODE OF ORDINANCES. IT IS THEN THE OPINION OF THIS INSPECTION BOARD THAT THIS
BUILDING BE DEMOLISHED.
x~~ ~/W~ (J'-I-()~-O~
BUILDING OFFICIAL'S OFFICE DATE
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Dangerous Building Inspection Farm Bldg 2
Page 3
BUILDING EVALUATION CHECKLIST
A = Adequate D = Deficient
I. STRUCTURAL
A. Foundation
l.SJab IL-
2. Pier & Beam
a. Footings N/A
b. Sills N/A
c. Joists N/A
B. Walls
l. Exterior IL-
2. Interior I2--
C. Means of Egress
l. Doors
a. Interior ~
b. Exterior ~
2. Porches, Steps,
Stairs IL-
3. Windows I2--
D. Roof
1. Rafters N/A
2. Deck, Shingles I2--
E. Ceilings
l. Joists UNK
2. Ceiling I2--
F. Floors UNK
G. Other I2--
ll. MEHCANICAL SYSTEMS
A. Electrical
l. Service Entrance
& Panel I2--
2. Wiring UNK
3. Lights, Switches
4. Outlets
s. Other
UNK
~
B. Plumbing
1. Fixtures
a. Sink
b. Lavatories
c. Water/Oosets
d ThbIShower
e. Water Heater
2. Water Piping
3. Drain, Waste
& Vent
UNK
~
UNK
~
I2--
I2--
I2--
4. Sewer
S. Gas System
B. Heating & AlC
1. Heating
2. Air Conditioning
ill. PROPERTY CONDmONS
~
~
I2--
UNK
N/ A = Not Applicable
COMMENT / EXPLANATION
SIGNS OF UNEVEN SETILEMENT
SOME WALL SEPARATION
DRYWALL DAMAGE VISIBLE TIIRU WINDOW UPSTAIRS
MAJORITY OF APTS WERE BOARDED UP. UNABLE TO
INSPECT
MOST DOORS BOARDED UP
UNSAFE. RUSTED. AND/OR DAMAGED
BROKEN OUT AND/OR BOARDED UP
POOR ROOF CONDmON: MAJOR WATER DAMAGE TO
CEILINGS UPSTAIRS
MAJORITY NOT VISIBLE
(UP) VISIBLE CEILING COLLAPSE IN ONE UNIT: (])()WN)
UNITS BOARDED UP
(UP) 1 OPEN UNIT FLOOR STABLE: OlHERS UNKNOWN
FACIA & SOFFIT ROT
MISSING INSIDE PANEL COVER WIRING NOT TO CODE
(l) OPEN UNIT HAD BROKEN SWITCH & OUTI..ET COVER
OlHERS UNKNOWN
. .
m OPEN UNIT - FIXTURES ADEOUATE: OlHERS UNKNOWN
. .
NOT VISIBLE
EXT. PIPES BROKEN
(l) UNIT - HOLE IN DRAIN PIPE UNDER SINK. 0lHERS
UNKNOWN
BOARDED UP: UNABLE TO INSPECT
BOARDED UP: UNABLE TO INSPECT
mUNITUPSTAIRS. WEST APT-WATER DAMAGE FROM ROOF
NOT VISIBLE
l. Accessory S1Iuctures ~
2. Condition of Grounds L- WEEDS
3. Other "
Comments: INTERIOR INSPECTION MADE ON OPEN UNIT UPSTAIRS (WEST APARTMENT) ON 3-1644.
SECURING OF BUILDING DONE BY CLP
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City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DATE: 4-1-04
STREET ADDRESS: 200 GARFIELD ST. BLDG 3
OWNER:
200 GARFIELD. LLP
AGENT:
JOE NEVARRO
MAll..ING ADDRESS:
6126 ROBERTA. STOCKTON. CA 95212
LEGAL:
BLI( 18: LOTS 1~& 11-16 & ADJ. 16' ALLEY: SYLVAN BEACH
OCCUPANCY TYPE: RESIDENTIAL all-DENSITY)
ZONING:
R-3
NON-CONFORMlNG ISSUES: SEE ZONING BOARD OF ADJUSTMENT I>OCUMEm
FACll..ITlES AVAll..ABLE: WATER YES
ELECTRICAL: YES
SEWER
GAS:
YES
YES
NO.OF DWELLING UNITS:
(4) UNITS
VACANT:
YES
OCCUPIED:
AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF
INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE
BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUll..DING, FOR THE
FOLLOWING REASONS:
Sec. 82-473. Declaration of Public Nuisance and Hazard.
A. Dangerous or Substandard Buildings or Structures.
A building or structure shall be considered dangerous or substandard whenever it is
determined by the Board, that any or all of the following is applicable:
L-l.A building that is vacant, and is not up to current building code standards. These vacant buildings can be
either open to trespass or boarded up;
L-2.Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause
to such an extent that the structural strength or stability thereof is materially less than it was before such
catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure,
purpose or location;
L-3.Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or
dislodged, or to collapse and thereby injure persons or damage property;
_ 4.Whenever the building or structure, or any portion thereot: because of (a) dilapidation, deterioration, or
decay; (b) fimlty construction; (c) the removal, movement or instability of any portion of the ground necessary for
the purpose of supporting the building; (d) the deterioration, decay, or inadequacy ofits foundation, or (e) any
other cause, is likely to partially or completely collapse;
L-S.Whenever, for any reason, the building or structure, or any portion thereot: is manifestly unsafe for the
purpose of which it is being used;
Dangerous Buildings Inspection Form Bldg 3
Page 2
L-6.whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has
become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c)
enable persons to resort thereto for the purpose of committing unlawful acts;
L-7.Whenever a building or structure, used or intended to be used for dwelling purposes, because of
inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or
sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in
such a condition that is likely to cause sickness or disease;
L-S.Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration,
damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or
heating apparatus or other cause, is determined by the Board to be a fire hazard;
B. Dangerous or substandard elettrical, plumbing, or mechanical jnstaDations.
A building or structure shall be considered dangerous or substandard
whenever it is determined by the Board, that any or aU of the following is
applicable:
L-I.Whenever any protective or safety device specified in The Electrical Code and of this title is not
provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally
intended;
L-2.Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b)
faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a
hazard to life, health, property or safety;
L-3.Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake,
flood or any other cause so as to constitute a potential hazard to life, health, property or safety;
i- 4.Whenever any installation or any portion thereofwas constructed, installed, altered or maintained in
violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property
or safety.
FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION:
OPTION #1:
(REP AlRABLE - RESIDENTIAL)
IN ACCORDANCE WITH THE 1994 EDmON OF THE STANDARD HOUSING CODE. AS ADOPlED AND
ENACfED BY THE CITY OF LA PORTE'S CODE OF ORDINANCES ARTICLE VI. SECTION 82-411 AND
ORDINANCE #97-2198. USING THE CODE AS ITS GUIDE. IT IS THE OPINION OF TInS INSPECTION BOARD
THAT TInS BUllDING IS IN FACT DANGEROUS. BUT STILL REPAIRABLE. ALL REOUIRED REPAIRS OR
ALTERATIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTE CODES AND
ORDINANCES. IF THE REPAIR OR ALTERATION ORDER IS NOT COMPLIED WITH WITHIN THE TIMETABLE
SET OUT IN ARTICLE vm. SECTION 82-478 OF THE CITY'S CODE OF ORDINANCES. IT IS THEN THE OPINION
OF TInS INSPECTION BOARD THAT TInS BUILDING BE DEMOLISHED.
X~ ~ 1JJ~~') ~- CJ-09
BUllDING OFFICIAL'S OFFICE DATE
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C,. ~ DATE
X (J IYl./J3 fYOy
FIRE CHIEFS OFFICE
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Dangerous Building Inspection Form Bldg 3
A = Adequate
I. STRUcruRAL
A. Foundation
1. Slab
2. Pier & Beam
a Footings
b.Sills
c. Joists
B. Walls
1. Exterior
2. Interior
C. Means of Egress
1. Doors
a Interior
b. Exterior
Porches, Steps,
Stairs
3. Windows
D. Roof
1. Rafters
2. Deck, Shingles
E. Ceilings
1. Joists
2. Ceiling
F. Floors
G. Other
n. MEHCANICAL SYSTEMS
A. Electrical
1. Service EntIance
& Panel
Page 3
D = Deficient
BUll.DING EVALUATION CHECKLIST
L-
N/A
N/A
N!.A-
IL-
IL-
IL-
IL-
IL-
IL-
N!.A-
IL-
UNK
IL-
UNK
IL-
IL-
UNK
UNK
UNK
IL-
~
:!lliK.-
UNK
UNK
IL-
L-
IL-
~
~
IL-
~
N/A = Not Applicable
COMMENT / EXPLANATION
NO VISIBLE DEFICIENCIES
VISIBLE HOLES IN WALL
DRYWALL DAMAGE VISIBLE lHRU WlNDOW UPSTAIRS
MAJORITY OF APTS WERE BOARDED UP. UNABLE TO lNSP
UPSTAIRS (1) BROKEN OPEN
UNSAFE. RUSTED AND/OR DAMAGED
UP-WlNDOWS BUSTED OUT: DOWN-WlNDOWS BOARDED UP
POOR ROOF CONDmON: MAJOR WATER DAMAGE
TO CEll..lNG UPSTAIRS
MAJORITY UNKNOWN
UPSTAlRS-F ALLEN DRYWALL OBSERVED lHRU WINDOWS
DOWNTAIRS UNITS BOARDED UP
MAJORITY OF APTS BOARDED UP. UNABLE TO lNSP
SOFFIT. FACIA ROT
PANEL COVER MISSlNG. BREAKERS MISSlNG. LOOSE
WIRING: WIRING NOT TO CODE.
UNABLE TO lNSPECT
UNABLE TO lNSPECT
UNABLE TO lNSPECT
OUTLET COVERS BROKEN & MISSlNG,UPSTAIR-WEST APT
MAJORITY OF APTS BOARDED UP. UNABLE TO lNSP
MAJORITY OF APTS BOARDED UP. UNABLE TO lNSP
MAJORITY OF APTS BOARDED UP. UNABLE TO lNSP
MAJORITY OF APTS BOARDED UP. UNABLE TO lNSP
(l) UNIT lNSPECTED. WATER HEATER MISSlNG
NO VISIBLE DEFICIENCIES
(l) OPEN UNIT - BROKEN DRAm PIPE UNDER SINK
(l) OPEN UNIT UPSTAIRS: WATER DAMAGE FROM ROOF
NOT VISIBLE
WEEDS
Comments: lNTERlOR lNSPECTION MADE ON OPEN UNIT UPSTAIRS (WESn APT ON 3-16-04.
SECURlNG OF BUllDlNG DONE BY CITY OF LA PORTE
2. Wiring
3. Lights, Switches
4. Outlets
5. Other
B. Plnmbing
1. Fixtures
a Sink
b. Lavatories
c. Water/Closets
d. Shower
e WaterHeater
2. Water Piping
3. Drain, Waste
& Vent
4. Sewer
5. Gas System
Heating & AlC
1. Heating
2. Air Conditioning
m. PROPERTY CONDmONS
1. Arxessory Structures N!.A-
2. Condition of Grounds ~
3. Other
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City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DATE: 4-1-04
STREET ADDRESS: 200 GARFIELD ST. BLDG 3
OWNER:
200 GARFIELD. ILP
AGENT:
JOE NEVARRO
MAILING ADDRESS:
6126 ROBERTA. STOCKTON. CA 95212
LEGAL:
BLK 18: LOTS 1~ & 11-16 & ADJ 16' ALLEY: SYLVAN BEACH
OCCUPANCY TYPE: RESIDENTIAL CHI-DENSITY)
ZONING:
R-3
NON-CONFORMlNG ISSUES: SEE ZONING BOARD OF ADJUSTMENT DOCUMENT
SEWER
GAS:
YES
YES
NO.OF DWELLING UNITS:
(4) UNITS
VACANT:
YES
OCCUPIED:
AS REQUIRED IN lHE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE vm. lHE BOARD OF
INSPECTION MADE AN INSPECTION OF lHE AFOREMENTIONED PROPERTY, AND DETERMINED lHE
BUILDING LOCATED lHEREON,INlHEIROPlNION, IS IN FACT A DANGEROUS BUILDING, FOR lHE
FOLLOWING REASONS:
Sec. 82-473. Declaration of Public Nuisance and Hazard.
A. Dangerous or Substandard Buildinp or Structures.
A building or structure shall be considered dangerous or substandard whenever it is
determined by the Board, that any or all of the following is applicable:
L-l.A building that is vacant, and is not up to current building code standards. These vacant buildings can be
either open to trespass or boarded up;
L-2.Whenever any portion thereofhas been damaged by fire, earthquake, wind, flood, or by any other cause
to such an extent that the structural strength or stability thereof is materially less than it was before such
catastrophe and is less than the minimum requirements of the building code fur new buildings of similar structure,
purpose or location;
L-3.Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or
dislodged, or to collapse and thereby injure persons or damage property;
_ 4.whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or
decay; (b) fuulty construction; (c) the removal, movement or instability of any portion of the ground necessary fur
the purpose of supporting the building; (d) the deterioration, decay, or inadequacy ofits fuundation, or (e) any
other cause, is likely to partially or completely collapse;
L-S.Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the
purpose of which it is being used;
LIWlgcruws .ol.W~ Ul:)~UUll rUUll .Dj~ J
"-e--
L-6.Wbenever the building or structure has been so damaged by fire, wind, earthquake. or flood, or has
become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c)
enable persons to resort thereto for the purpose of committing unlawful acts;
L-7.Wbenever a building or structure, used or intended to be used for dwelling purposes, because of
inadequate maintenance. dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or
sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in
such a condition that is likely to cause sickness or disease;
L-S.Wbenever any building or structure, because of obsolescence, dilapidated condition, deterioration,
damage, inadequate exits, lack of sufficient fire-resistive construction, fiwIty electric wiring, gas connections, or
heating apparatus or other cause, is determined by the Board to be a fire hazard;
B. Dangerous or substandard electric:aI, plumbing. or mec:banic:al installations.
A building or structure shall be c:onsidered dangerous or substandard
whenever it is determined by the Board, that any or all of the following is
applic:able:
L-I.Wbenever any protective or safety device specified in The Electrical Code and of this title is not
provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally
intended;
L-2.Wbenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b)
faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a
hazard to life, health, property or safety;
L-3.Wbenever any instaIIation or any portion thereof which is damaged by fire, wind, earthquake,
flood or any other cause so as to constitute a potential hazard to life, health, property or safety;
L- 4.Wbenever any installation or any portion thereofwas constructed, installed, aItered or maintained in
violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property
or safety.
FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION:
OPTION #1:
(REPAIRABLE - RESIDENTIAL)
IN ACCORDANCE WITH THE 1994 EDmON OF THE STANDARD HOUSING CODE. AS ADOP1ED AND
ENACIED BY THE CITY OF LA PORTE'S CODE OF ORDINANCES ARTICLE VI. SECTION 82-411 AND
ORDINANCE #97-2198. USING THE CODE AS ITS GUIDE. IT IS THE OPINION OF TInS INSPECTION BOARD
THAT TInS Bun.DING IS IN FACT DANGEROUS. BUT STILL REPAIRABLE. ALL REOUIRED REPAIRS OR
ALTERATIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTE CODES AND
ORDINANCES. IF THE REPAIR OR ALTERATION ORDER IS NOT COMPLIED WITH WlTHIN THE TIMETABLE
SET OUT IN ARTICLE vm. SECTION 82-478 OF THE ClTY'S CODE OF ORDINANCES. IT IS THEN THE OPINION
OF TInS INSPECTION BOARD THAT TInS BUILDING BE DEMOLISHED.
X~~ ~ 7JJ~~ ~- '-tJ~
BUILDING OFFICIAL'S OFFICE DATE
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X (V! ((}. 03 cYoy
FIRE CHIEFS OFFICE
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DA
A = Adequate
I. SlRUC'I'URAL
A. Foundation
1. Slab
2. Pier & Beam
a Footings
b. Sills
c. Joists
B. Walls
1. Exterior
2. Interior
C. Means of Egress
1. Doors
a Interior
b. Exterior
Porches, Steps,
Stairs
3. Wmdows
D. Roof
1. Rafters
2. Deck, Shingles
E. Ceilings
1. Joists
2. Ceiling
F. Floors
G. Other
II. MEHCANICAL SYSTEMS
A. Electrical
1. Service En1I3nce
& Panel
2. Wiring
3. Lights, Switches
4. Outlets
5. Other
B. Plumbing
1. Fixtures
a Sink
b. Lavatories
c. WaterlClosets
d Shower
e WaterHeater
2. Water Piping
3. Drain, Waste
&VCDt
4. Sewer
S. Gas System
Heating & AlC
1. Heating
2. Air Conditioning
D = Deficient
BUILDING EVALUATION CHECKLIST
A--
~
N/A
N/A
IL--
IL--
IL--
IL--
IL--
IL--
N/A
IL--
UNK
IL--
UNK
IL--
IL--
UNK
UNK
UNK
IL--
llliK...-
~
UNK
UNK
IL--
A--
IL--
UNK
~
IL--
llliK...-
ill. PROPERTY CONDmONS
1. Accessory Structures N/ A
2. Condition of Grounds IL--
3. Other
N/ A = Not Applicable
COMMENT / EXPLANATION
NO VISffiLE DEFICIENCIES
VISffiLE HOLES IN WALL
DRYWALL DAMAGE VISffiLE THRU WINDOW UPSTAIRS
MAJORITY OF APTS WERE BOARDED UP. UNABLE TO INSP
UPSTAIRS (1) BROKEN OPEN
UNSAFE. RUSTED AND/OR DAMAGED
UP-WINDOWS BUSTED OUT: DOWN-WINDOWS BOARDED UP
POOR ROOF CONDmON: MAJOR WATER DAMAGE
TO nm ING UPSTAIRS
MAJORITY UNKNOWN
UPSTAIRS-FALLEN DRYWALL OBSERVED THRU WINDOWS
DOWNT AIRS UNITS BOARDED UP
MAJORITY OF APTS BOARDED UP. UNABLE TO INSP
SOFFIT. FACIA ROT
PANEL COVER MISSING. BREAKERS MISSING. LOOSE
WIRING: WIRING NOT TO CODE.
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
OU1LET COVERS BROKEN & MISSING, UPSTAIR-WEST APT
MAJORITY OF APTS BOARDED UP. UNABLE TO INSP
MAJORITY OF APTS BOARDED UP. UNABLE TO INSP
MAJORITY OF APTS BOARDED UP. UNABLE TO INSP
MAJORITY OF APTS BOARDED UP. UNABLE TO INSP
(1) UNIT INSPECTED. WATER HEATER MISSING
NO VISffiLE DEFICIENCIES
(1) OPEN UNIT - BROKEN DRAIN PIPE UNDER SINK
(1) OPEN UNIT UPSTAIRS: WATER DAMAGE FROM ROOF
NOT VISffiLE
WEEDS
Comments: INTERIOR INSPECTION MADE ON OPEN UNIT UPSTAIRS CWESTI APT ON 3-16-04.
SECURING OF BUILDING DONE BY CITY OF LA PORTE
S:'CPSbarellNsPECTION DMSJON\AI.L OTIlER STUFFICode Enforcemeat\DaDg Bui1dingsID B INSP FORMGARFIELD BLOO 3.d0<:02-2004 Rev.
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City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DATE: 4-1-04
STREET ADDRESS: 200 GARFIELD ST. BLDG 4
OWNER:
200 GARFIELD. LLP .
AGENT:
JOE NEVARRO
MAnJNG ADDRESS:
6126 ROBERTA PLACE. STOCKTON. CA 95212
LEGAL:
BLK 18: LOTS 1-6& 11-16 & ADJ. 16' ALLEY: SYLVAN BEACH
OCCUPANCY TYPE: RESIDENTIAL all-DENSITY)
ZONING:
R.3
NON-CONFORMING ISSUES: SEE ZONING BOARD OF ADJUSTMENT DOCUMENT
FACILITIES AVAILABLE: WATER YES
ELECTRICAL: YES
SEWER
GAS:
YES
YES
NO.OF DWELLING UNITS:
(6) UNITS
VACANT:
YES
OCCUPIED:
AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE vm, THE BOARD OF
INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE
BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE
FOLLOWING REASONS:
Sec. 82-473. Declaration of Public Nuisance and Hazard.
A. Dangerous or Substandard Buildings or Structures.
A buildin& or structure shall be considered dangerous or substandard whenever it is
determined by the Board, that any or all of the foUowing is applicable:
L-I.A building that is vacant, and is not up to current building code standards. These vacant buildings can be
either open to trespass or boarded up;
L-2.whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause
to such an extent that the structural strength or stability thereof is materially less than it was before such
catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure,
purpose or location;
L-3.Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or
dislodged, or to collapse and thereby injure persons or damage property;
L- 4.Whenever the building or structure, or any portion thereot: because of (a) dilapidation, deterioration, or
decay; (b) fiwlty construction; (c) the removal. movement or instability of any portion of the ground necessary for
the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any
other cause, is likely to partially or completely collapse;
L-S.Whenever, for any reason, the building or structure, or any portion thereot: is manifestly unsafe for the
purpose of which it is being used;
Dangerous Buildings Inspection Form Bldg 4
Page 2
L-6.whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has
become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c)
enable persons to resort thereto for the purpose of committing unlawful acts;
L-7.Whenever a building or structure, used or intended to be used for dwelling purposes, because of
inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or
sanitation fucilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in
such a condition that is likely to cause sickness or disease;
L-S.Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration,
damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or
heating apparatus or other cause, is determined by the Board to be a fire hazard;
B. Dana:erous or substandard electrical, plumbing, or mechanical installations.
A building or structure shall be considered dangerous or substandard
whenever it is determined by the Board, that any or all of the fonowing is
applicable:
L-I.Whenever any protective or safety device specified in The Electrical Code and of this title is not
provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally
intended;
L-2.Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b)
fiwlty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a
hazard to life, health, property or safety;
L-3.Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or
any other cause so as to constitute a potential hazard to life, health, property or safety;
L- 4.whenever any installation or any portion thereof was constructed, installed, altered or maintained in
violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or
safety.
FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION:
OPTION #1:
(REPAIRABLE - RESIDENTIAL)
IN ACCORDANCE wrrn THE 1994 EDmON OF THE STANDARD HOUSING CODE. AS ADOPTED AND
ENACTED BY THE CITY OF LA PORTE'S CODE OF ORDINANCES ARTICLE VI. SECTION 82-411 AND
ORDINANCE #97-2198. USING THE CODE AS ITS GUIDE. IT IS THE OPINION OF THIS INSPECTION BOARD
THAT THIS BUllDING IS IN FACT DANGEROUS. BUT STILL REPAIRABLE. ALL REQUIRED REPAIRS OR
ALTERATIONS SHALL BE DONE IN ACCORDANCE wrrn ALL APPLICABLE CITY OF LA PORTE CODES AND
ORDINANCES. IF THE REPAIR OR ALTERATION ORDER IS NOT COMPLIED wrrn wrrnIN THE TIMETABLE
SET OUT IN ARTICLE vm. SECTION 82-478 OF THE CITY'S CODE OF ORDINANCES. IT IS THEN THE OPINION
OF THIS INSPECTION BOARD THAT THIS BUllDING BE DEMOLISHED.
x~~, UJ~~ L/- '-O~
BUllDING OFFICIAL'S OFFICE DATE
~/~ d~
. MARSHAL ~ 0 . DAre
x IJ If/. ~O~5L
FIRE CHIEFS OFFI
ofc~/t1,t/
ATE' f
Dangerous Building Inspection F om Bldg 4
A = Adequate
L STRUCTURAL
A. Foundation
1. Slab
2. Pier & Beam
a Footings
b. Sills
c. Joists
B. Walls
1. Exterior
2. Interior
C. Means or Egress
1. Doors
a Interior
b. Exterior
2. Porches, Steps,
Stairs
3. Windows
D. Roof
1. Rafters
2. Deck, Shingles
E. Ceilings
1. Joists
2. Ceiling
F. Floors
G. Other
u. MEHCANICAL SYSTEMS
A. Electrical
1. Service Entnmce
& Panel
2. Wiring
3. Lights, Switches
4. Outlets
5. Other
B. Plombing
1. Fixtures
a. Sink
b. Lavatories
c. Water/Closets
d. Shower
e Water Heater
2. Water Piping
3. Drain, Waste
& Vent
4. Sewer
5. Gas System
C. Heating & AlC
1. Heating
2. Air Conditioning
ragej
D = Deficient
BUD.J)lNG EVALUATION CHECKLIST
!2-
HlL-
HlL-
HlL-
!2-
!.lliK.-
!.lliK.-
UNK
!2-
!2-
HlL-
UNK
UNK
!.lliK.-
!.lliK.-
!2-
!.lliK.-
~
~
!lli!L..-
UNK
!.lliK.-
!.lliK.-
!lli!L..-
!lli!L..-
!.lliK.-
UNK
!.lliK.-
!.lliK.-
~
UL PROPERTY CONDmONS
1. Accessory StmcIures HlL-
2. Condition of Grounds !2-
3. Other
Nt A = Not Applicable
COMMENT / EXPLANATION
SIGNS OF UNEVEN SETTI..EMENT
SOME WALL SEPARATION AND HOLES IN WALL
BOARDED UP: UNABLE TO INSPEcr
BOARDED UP: UNABLE TO INSPEcr
BOARDED UP: UNABLE TO INSPEcr
UNSAFE: RUSTED AND/OR DAMAGE PLUS MISSING
RAILS
UP WINDOWS BUSTED OUT: DOWN WINDOWS BOARDED UP
BOARDED UP: UNABLE TO INSPEcr
BOARDED UP: UNABLE TO INSPEcr
BOARDED UP: UNABLE TO INSPEcr
BOARDED UP: UNABLE TO INSPEcr
PANEL COVER MISSING: WIRING NOT TO CODE
BOARDED UP: UNABLE TO INSPEcr
BOARDED UP: UNABLE TO INSPEcr
BOARDED UP: UNABLE TO INSPEcr
BOARDED UP: UNABLE TO INSPEcr
BOARDED UP: UNABLE TO INSPEcr
BOARDED UP: UNABLE TO INSPEcr
BOARDED UP: UNABLE TO INSPEcr
BOARDED UP: UNABLE TO INSPEcr
BOARDED UP: UNABLE TO INSPEcr
BOARDED UP: UNABLE TO INSPEcr
BOARDED UP: UNABLE TO INSPEcr
BOARDED UP: UNABLE TO INSPEcr
BOARDED UP: UNABLE TO INSPEcr
NOT VISmLE
WEEDS
Comments:
SECURING OF BUTI..DING DONE BY CITY OF LA PORTE
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City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DATE: 4-1..()4
STREET ADDRESS: 200 GARFIELD ST BLDG 5
OWNER:
GARFIELD. LLP
AGENT'
JOE NEVARRO
MAILING ADDRESS:
6126 ROBERTA PLACE. STOCKTON. CA 95212
LEGAL:
BLK 18: LOTS 1~& 11-16& ADJ. 16' ALLEY: SYLVAN BEACH
OCCUPANCY lYPE: RESIDENTIAL an-DENSITY)
ZONING:
R-3
NON-CONFORMlNG ISSUES: SEE ZONING BOARD OF ADJUSTMENT DOCUMENT
FACILITIES AVAll..ABLE: WATER YES
ELECTRICAL: YES
SEWER
GAS:
YES
YES
NO.OF DWELLING UNITS:
(8) UNITS
VACANT:
YES
OCCUPIED:
AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VITI, THE BOARD OF
INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE
BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE
FOLLOWING REASONS:
Sec. 82-473. Declaration of Public Nuisance and Hazard.
A. Dangerous or Substandard Buildings or Structures.
A building or structure shall be considered dangerous or substandard whenever it is
determined by the Board, that any or all of the foUowing is applicable:
L-l.A building that is vacant, and is not up to current building code standards. These vacant buildings can be
either open to trespass or boarded up;
L-2.whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause
to such an extent that the structural strength or stability thereof is materially less than it was before such
catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure,
purpose or location;
L-3.Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or
dislodged, or to collapse and thereby injure persons or damage property;
_ 4.Whenever the building or structure, or any portion thereot: because of (a) dilapidation. deterioration. or
decay; (b) fiwlty constIuction; (c) the removal. movement or instability of any portion of the ground necessary for
the purpose of supporting the building; (d) the deterioration. decay, or inadequacy of its foundation. or (e) any
other cause, is likely to partially or completely collapse;
L-s .Whenever, for any reason. the building or structure, or any portion thereot: is manifestly unsafe for the
purpose of which it is being used;
Dangerous Buildings Inspection Form Bldg 5
t'agel.
~6.Whenever the building or structure bas been so damaged by fire, wind, earthquake, or flood, or bas
become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c)
enable persons to resort thereto for the purpose of committing unlawful acts;
~7.Whenever a building or structure, used or intended to be used for dwelling purposes, because of
inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or
sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in
such a condition that is likely to cause sickness or disease;
~8.Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration,
damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or
heating apparatus or other cause, is determined by the Board to be a fire hazard;
B. Dangerous or substandard electrical, plumbing, or mechanical installations.
A building or structure shall be considered dangerous or substandard
whenever it is determined by the Board, that any or all of the foUowing is
applicable:
~1.Whenever any protective or safety device specified in The Electrical Code and of this title is not
provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally
intended;
~2.Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b)
faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a
hazard to life, health, property or safety;
L--3.Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or
any other cause so as to constitute a potential hazard to life, health, property or safety;
L-- 4.Whenever any installation or any portion thereofwas constructed, installed, altered or maintained in
violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or
safety.
FINDINGS AND CONCLUSIONS OF 1BE BOARD OF INSPECTION:
OPTION #2:
(NOT REPAIRABLE - RESIDENTIAL)
IN ACCORDANCE WITH TIIE 1994 EDITION OF TIIE STANDARD HOUSING CODE. AS
ADOPTED AND ENACTED BY TIIE CITY OF LA PORTE'S CODE OF ORDINANCES ARTICLE
VI. SECTION 82-411 AND ORDINANCE #97-2198. USING TIIE CODE AS ITS GUIDE. IT IS TIIE
OPINION OF THIS INSPECTION BOARD THAT THIS BUILDING IS IN FACT DANGEROUS.
NOT REPAIRABLE. AND SHOULD BE DEMOLISHED. THIS BUILDING DOES NOT PROVIDE
TIIE BASIC MINIMUM HOUSING STANDARDS DEEMED ESSENTIAL FOR SAFE AND
HEALTHFUL LIVING FOR A RESIDENTIAL OCCUPANCY AND IS A THREAT TO PUBLIC
SAFETY. HEALTH AND TIIE GENERAL WELFARE OF THE CITIZENS OF LA PORTE
~z).m. ~l~
CHIEFS OFFICE
Dangerous Building Inspection Form Bldg 5
A = Adequate
I. STRUCTURAL
A. Foundation
1. Slab
2. Pier & Beam
a Footings
b. Sills
C.Joists
B. WaDs
1. Exterior
2. Interior
C. Means of Egress
1. Doors
a Interior
b. Exterior
2. Porches, Steps,
Stairs
3. Windows
D. Roof
1. Rafters
2. Deck, Shingles
E. Ceilings
1. Joists
2. Ceiling
F. Floors
G. Other
II. MEHCANICAL SYSTEMS
A. Electrical
. 1. Service Entrance
& Panel
2. Wiring
3. Lights, Switches
4. Outlets
5. Other
Page 3
D = Deficient
BUILDING EVALUATION CHECKLIST
L-
N/A
~
N/A
L-
L-
L-
L-
L-
L-
~
L-
L-
L-
L-
L-
L-
L-
L-
L-
L-
L-
L-
L-
L-
L-
L-
L-
L-
L-
L-
N/ A = Not Applicable
COMMENT /EXPLANATION
SOME UNEVEN SETILEMENT
MAJOR FIRE DAMAGE TO STRUCTURE VISffiLEON 11-17-03
MAJOR FIRE DAMAGE TO STRUCTURE VISffiLE ON 11-17-O3
FIRE DAMAGED: NOW BOARDED UP
FIRE DAMAGED: NOW BOARDED UP
UNSAFE: RUSTED AND FIRE DAMAGED
FIRE DAMAGED: NOW BOARDED UP
MAJOR FIRE DAMAGE TO ROOF ASSEMBLY
MAJOR FIRE DAMAGED: NOW BOARDED UP
MAJOR FIRE DAMAGED: NOW BOARDED UP
MAJOR FIRE DAMAGED: NOW BOARDED UP
FIRE DAMAGE AND SOFFIT. FACIA ROT
FIRE DAMAGED AND DEAD FRONT HAS OPENINGS
FIRE DAMAGED: NOW BOARDED UP
FIRE DAMAGED: NOW BOARDED UP
FIRE DAMAGED: NOW BOARDED UP
FIRE DAMAGED: NOW BOARDED UP
FIRE DAMAGED: NOW BOARDED UP
FIRE DAMAGED: NOW BOARDED UP
FIRE DAMAGED: NOW BOARDED UP
FIRE DAMAGED: NOW BOARDED UP
FIRE DAMAGE TO INTERIOR PIPING: EXTERIOR PIPES
BROKEN
FIRE DAMAGED: NOW BOARDED UP
FIRE DAMAGED: NOW BOARDED UP
FIRE DAMAGED: NOW BOARDED UP
FIRE DAMAGED: NOW BOARDED UP
FIRE DAMAGED' NOW BOARDED UP
DEBRIS AND DIRT PILES PLUS WEEDS
Comments:
LA PORTE
MAJOR FIRE DAMAGE - NOY. 15.2003. SECURING OF BUILDING DONE BY CITY OF
B. Plumbing
1. Fixtures
a Sink
b. Lavatories
c. Water/Closets
d TublShower
e Water Heater
2. Water Piping
3. Drain, Waste
& Yent
4. Sewer/Septic tank
5. Gas System
C. Heating & AlC
1. Heating
2. Air Conditioning
m. PROPERTY CONDmONS
1. AccessOry Structures ~
2. Condition of Grounds L-
3. Other
S:\CPSbareIlNSPECTION DIVISION\AlLOTIlER STUFF\Code EoforcemeallDang BuildingsID B INSP FORM GARFIELD BLDG S.doc02-2004 Rev.
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City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DATE: 4-1-04
STREET ADDRESS: 200 GARFIELD ST. BLDG 6
OWNER:
200 GARFIELD. LLP
AGENT:
JOE NEVARRO
MAILING ADDRESS:
6126 ROBERTA PLACE. STOCKTON CA 95212
LEGAL:
BLK 18: LOTS 1-6& 11-16 & ADJ. 16' ALLEY' SYLVAN BEACH
OCCUPANCY TYPE: RESIDENTIAL an-DENSITY)
ZONING:
R-3
NON-CONFORMING ISSUES: SEE ZONING BOARD OF ADJUSTMENT DOCUMENT
FACILITIES AVAILABLE: WATER YES
ELECTRICAL: YES
SEWER
YES
YES
GAS:
NO.OF DWELLING UNITS:
(8) UNITS
VACANT:
YES
OCCUPIED:
AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF
INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE
BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE
FOLLOWING REASONS:
Sec. 82-473. DecIaration of Public Nuisance and Hazard.
A. Dangerous or Substandard Buildings or Structures.
A building or structure shall be considered dangerous or substandard whenever it is
determined by tbe Board, that any or all of the following is applicable:
L-I.A building that is vacant, and is not up to current building code standards. These vacant buildings can be
either open to trespass or boarded up;
L-2.Whenever any portion thereofbas been damaged by fire, earthquake, wind, flood, or by any other cause
to such an extent that the structural strength or stability thereof is materially less than it was before such
catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure,
purpose or location;
L-3.Whenever any portion or member or appurtenance thereof is likely to fail. or to become detached or
dislodged, or to collapse and thereby injure persons or damage property;
L- 4.Whenever the building or structure, or any portion thereot: because of (a) dilapidation, deterioration, or
decay; (b) fiwlty construction; (c) the removal, movement or instability of any portion of the ground necessary for
the purpose of supporting the building; (d) the deterioration, decay, or inadequacy ofits foundation, or (e) any
other cause, is likely to partially or completely collapse;
L-S.Whenever, for any reason, the building or structure, or any portion thereot: is manifestly unsafe for the
purpose of which it is being used;
Dangerous Buildings Inspection FOIIll BIdg 6
Page 2
L-6.whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has
become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c)
enable persons to resort thereto for the purpose of committing unlawful acts;
L-7.Whenever a building or structure, used or intended to be used for dwelling purposes, because of
inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or
sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in
such a condition that is likely to cause sickness or disease;
L-S.Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration,
damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or
heating apparatus or other cause, is determined by the Board to be a fire hazard;
B. Dangerous or substandard electrical, plumbing, or mechanical installations.
A building or structure shall be considered dangerous or substandard
whenever it is determined by the Board, that any or all of the following is
applicable:
L-I.Whenever any protective or safety device specified in The Electrical Code and of this title is not
provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally
intended;
L-2.Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b)
faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a
hazard to life, health, property or safety;
L-3.Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or
any other cause so as to constitute a potential hazard to life, health, property or safety;
L- 4.Whenever any installation or any portion thereofwas constructed, installed, altered or maintained in
violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or
safety.
FINDINGS AND CONCLUSIONS OF lHE BOARD OF INSPECIlON:
OPTION #1:
(REPAIRABLE - RESIDENTIAL)
IN ACCORDANCE WITH THE 1994 EDITION OF THE STANDARD HOUSING CODE. AS
ADOPTED AND ENACTED BY THE CITY OF LA PORTE'S CODE OF ORDINANCES ARTICLE
VI. SECTION 82-411 AND ORDINANCE #97-2198. USING THE CODE AS ITS GUIDE. IT IS THE
OPINION OF THIS INSPECTION BOARD THAT THIS BUILDING IS IN FACT DANGEROUS.
BUT STILL REPAIRABLE. ALL REOUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN
ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTE CODES AND ORDINANCES. IF
THE REPAIR OR ALTERATION ORDER IS NOT COMPLIED WITH WITHIN THE TIMETABLE
SET OUT IN ARTICLE VIIl SECTION 82-478 OF THE CITY'S CODE OF ORDINANCES. IT IS
THEN THE OPINION OF THIS INSPECTION BOARD THAT THIS BUILDING BE DEMOLISHED
x~.9, l.J~~ 1/-6-<1'7'
BUll.D G OFFICIAL'S OFFICE DAlE
~/~ f'~~-dY
MARSfiAL's O. AlE
xJAJ.M. ~o-e~ 6LJ~/~'1
FIRE CHIEF'S OFFICE D~
Dangerous Building Inspection Form Bldg b
A = Adequate
I. STRUcruRAL
A. Foundation
1. Slab
2. Pier & Beam
a Footings
b. Sills
c. Joists
B. Walls
1. Exterior
2. Interior
C. Means of Egress
1. Doors
a Interior
b. Exterior
2. Porches, Steps,
Stairs
3. Windows
D. Roof
1. Rafters
2. Deck, Shingles
E. Ceilings
1. Joists
2. Ceiling
F. Floors
G. Other
n. MEHCANICAL SYSTEMS
A. Electrical
1. Service Entrance
& Panel
2. Wiring
3. Lights, Switches
4. Outlets
5. Other
Page 3
D = Deficient
BUlLDING EVALUATION CHECKLIST
XL--
~
~
NtA
XL--
UN!(
~
:!lli!L-
XL--
XL--
~
:!lli!L-
UN!(
~
UN!(
XL--
A--
IL-
UN!(
.L!WL-
~
UN!(
.L!WL-
UN!(
.L!WL-
XL--
.L!WL-
~
.L!WL-
UN!(
~
Nt A = Not Applicable
COMMENT t EXPLANATION
SOME UNEVEN SETlLEMENT
SOME WALL SEPARATION: HOLE IN BRICK WALL
BOARDED UP: UNABLE TO INSPECT
BOARDED UP: UNABLE TO INSPECT
BOARDED UP: UNABLE TO INSPECT
UNSAFE: RUSTED AND/OR DAMAGED
UP-WINDOWS BUSTED OUT. DOWN-WINDOWS BOARDED UP
BOARDED UP: UNABLE TO INSPECT
BOARDED UP: UNABLE TO INSPECT
BOARDED UP: UNABLE TO INSPECT
BOARDED UP: UNABLE TO INSPECT
FACIA AND SOFFIT ROT
PANEL OK
EXTERIOR CONDUIT HANGING: UNCONNECTED & LOOSE
WIRING
BOARDED UP: UNABLE TO INSPECT
BOARDED UP: UNABLE TO INSPECT
BOARDED UP: UNABLE TO INSPECT
BOARDED UP: UNABLE TO INSPECT
BOARDED UP: UNABLE TO INSPECT
BOARDED UP: UNABLE TO INSPECT
BOARDED UP: UNABLE TO INSPECT
EXTERIOR PIPES BROKEN
BOARDED UP: UNABLE TO INSPECT
BOARDED UP: UNABLE TO INSPECT
BOARDED UP: UNABLE TO INSPECT
BOARDED UP: UNABLE TO INSPECT
NOT VISffiLE
WEEDS
Comments:
SECURING OF BUILDING DONE BY CITY OF LA PORTE
B. Plumbing
1. Fixtures
a Sink
b. Lavatories
c. WateclClosets
d. TublShower
e WaterHeater
2. Water Piping
3. Drain, Waste
& Vent
4. Sewer
5. Gas System
C. Heating & AlC
1. Heating
2. Air Conditioning
m. PROPERTY CONDmONS
1. AccessoIy Stmctures ~
2. Condition of Grounds XL--
3. Other
S:\CPSbareIlNSPECTION DIVISIONIALL OTIIER STUFF\Code EnfcrcementlDang Buildings\D B INSP FORM GARFIELD BLOG 6.doc02-2004 Rev.
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City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DATE: 4-1-04
STREET ADDRESS: 200 GARFIELD ST. BLDG 7
OWNER:
200 GARFIELD. LLP
AGENT:
JOE NEVARRO
MAILING ADDRESS:
6126 ROBERTA PLACE. STOCKTON. CA 95212
LEGAL:
BLK 18: LOTS 1-6& 11-16&ADJ. 16' ALLEY' SYLVAN BEACH
OCCUPANCY TYPE: RESIDENTIAL CHI-DENSITY)
ZONING:
R-3
NON-CONFORMING ISSUES: SEE ZONING BOARD OF ADJUSTMENT DOCUMENT
FACILITIES AVAILABLE: WATER YES
SEWER
YES
YES
ELECTRICAL: YES
GAS:
NO.OF DWELLING UNITS:
(4) UNITS
VACANT:
YES
OCCUPIED:
AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF
INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE
BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE
FOLLOWING REASONS:
Sec. 82473. Declaration of Public Nuisance and Hazard.
A. Dangerous or Substandard Buildings or Structures.
A building or structure shall be considered dangerous or substandard whenever it is
determined by the Board, that any or all of the fonowing is applicable:
L-l. A building that is vacant, and is not up to current building code standards. These vacant buildings
can be either open to trespass or boarded up;
L-2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other
cause to such an extent that the structural strength or stability thereof is materially less than it was before such
catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure,
purpose or location;
L-3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached
or dislodged, or to collapse and thereby injure persons or damage property;
L- 4. Whenever the building or structure, or any portion thereof: because of (a) dilapidation,
deterioration, or decay; (b) fiwIty construction; (c) the removal, movement or instability of any portion of the
ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its
foundation, or (e) any other cause, is likely to partially or completely collapse;
L-S. Whenever, for any reason, the building or structure, or any portion thereof: is manifestly unsafe for
the purpose of which it is being used;
Dangerous Buildings Jnspection Form Bldg 7
Page 2
L-6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has
become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c)
enable persons to resort thereto for the purpose of committing unlawful acts;
L-7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of
inadequate maintenance., dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or
sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in
such a condition that is likely to canse sickness or disease;
L-S. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration,
damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or
heating apparatus or other cause, is determined by the Board to be a fire hazard;
B. Dangerous or substandard electrical, plumbing, or mechanical installations.
A building or structure shall be considered dangerous or substandard whenever it is determined by
the Board, that any or all ofthe following is applicable:
L-l. Whenever any protective or safety device specified in The Electrical Code and of this title is not
provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally
intended;
L-2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or
decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use
constitutes a hazard to life, health, property or safety;
L-3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake,
flood or any other cause so as to constitute a potential hazard to life, health, property or safety;
L- 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained
in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or
safety.
FINDINGS AND CONCLUSIONS OF TIlE BOARD OF INSPECTION:
OPTION #1:
(REPAIRABLE - RESIDENTIAL)
IN ACCORDANCE wrrn TIlE 1994 EDmON OF TIlE STANDARD HOUSING CODE. AS ADOP1ED AND
ENAClED BY TIlE CITY OF LA PORTE'S CODE OF ORDINANCES ARTICLE VI. SECTION 82-411 AND
ORDINANCE #97-2198. USING TIlE CODE AS ITS GUIDE. IT IS TIlE OPINION OF THIS INSPECTION BOARD
THAT THIS BUILDING IS IN FACT DANGEROUS. BUT STILL REPAIRABLE. ALL REQUIRED REPAIRS OR
ALTERATIONS SHALL BE DONE IN ACCORDANCE wrrn ALL APPLICABLE CITY OF LA PORTE CODES AND
ORDINANCES. IF TIlE REPAIR OR ALTERATION ORDER IS NOT COMPLIED wrrn wrrnIN TIlE TIMETABLE
SET OUT IN ARTICLE VIII. SECTION 82-478 OF TIlE CITY'S CODE OF ORDINANCES. IT IS THEN TIlE OPINION
OF THIS INSPECTION BOARD THAT THIS BUIIDING BE DEMOLISHED.
~tlI~ g W~U 4-(P-r#-
BUIIDING OFFICIAL'S OFFICE DATE
~- / ~ ~c-cy
MARSH,((:S OFFICE TE
X LJ, fit ~~~~ Ol( I Off 101.{
FIRE ClDEFS OFFICE DATE
Dangerous Building Inspection Form B1dg 7
A = Adequate
I. STRUCTIJRAL
A. Foundation
1. Slab
2. Pier & Beam
a Footings
b. Sills
c. Joists
B. Walls
1. Exterior
2. Interior
C. Means or Egress
1. Doors
a Interior
b.Exterior
2. Porches, Steps,
Stairs
3. Windows
D. Roof
1. Rafters
2. Deck, Shingles
E. Ceilings
1. Joists
2. Ceiling
F. Floo"
G. Other
II. MEHCANICAL SYSTEMS
A. Electrical
1. Service Entrance
& Panel
2. Wiring
3. Lights, Switches
4. Outlets
5. Other
B. Plumbing
1. Fixtures
a Sink
b. Lavatories
c. Water!Closets
d. Shower
e Water Heater
2. Water Piping
3. Drain, Waste
& Vent
4. Sewer
5. Gas System
C. Heating & AlC
1. Heating
2. Air Conditioning
Page 3
D = Deficient
BUILDING EVALUATION CHECKLIST
N/ A = Not Applicable
XL--
N/A
N/A
WA-
XL--
UN!(
UN!(
:!lliK.-
XL--
XL--
N/A
:!lliK.-
UN!(
UN!(
UN!(
XL--
XL--
UN!(
UN!(
UN!(
UN!(
UN!(
UN!(
UN!(
:!lliK.-
UN!(
UN!(
UN!(
:!lliK.-
UN!(
UN!(
m PROPERTY CONDITIONS
1. Accessory Structures N/A
2. Condition of Grounds XL--
3. Other
Comments:
COMMENT I EXPLANATION
SIGNS OF UNEVEN SE'ITLEMENT
SOME WALL SEPARATION & HOLES IN BRICK. WALL
BOARDED UP: UNABLE TO INSPECT
BOARDED UP: UNABLE TO INSPECT
BOARDED UP: UNABLE TO INSPECT
UNSAFE: RUSTED AND/ORDAMAGED
UP WINDOWS BUSTED OUT: DOWN WINDOWS BOARDED UP
BOARDED UP: UNABLE TO INSPECT
BOARDED UP: UNABLE TO INSPECT
BOARDED UP: UNABLE TO INSPECT
BOARDED UP: UNABLE TO INSPECT
SOFFIT. FACIA ROT
DEAD FRONT HAS OPENINGS
BOARDED UP: UNABLE TO INSPECT
BOARDED UP: UNABLE TO INSPECT
BOARDED UP: UNABLE TO INSPECT
BOARDED UP: UNABLE TO INSPECT
BOARDED UP: UNABLE TO INSPECT
BOARDED UP: UNABLE TO INSPECT
BOARDED UP: UNABLE TO INSPECT
BOARDED UP: UNABLE TO INSPECT
BOARDED UP: UNABLE TO INSPECT
BOARDED UP: UNABLE TO INSPECT
BOARDED UP: UNABLE TO INSPECT
BOARDED UP: UNABLE TO INSPECT
BOARDED UP: UNABLE TO INSPECT
NOT VISIBLE
WEEDS
SECURING OF BUILDING DONE BY CITY OF LA PORTE
S:\CPSbareIlNSPECTION DMSJON\ALL onmR STUFF\Code Enfon:emont\Dang Buildings\D B INSP FORM GARFIELD BLOO 7.doc02-2004 Rev.
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City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DATE: 4-1-04
STREET ADDRESS: 200 GARFIELD ST. BLDG 8
OWNER:
200 GARFIELD. LLP
AGENT:
JOE NEVARRO
MAILING ADDRESS:
6126 ROBERTA PLACE. STOCKTON. CA 95212
LEGAL:
BLK 18: LOTS 1~& 11-16 & ADJ. 16' ALLEY: SYLVAN BEACH
OCCUPANCY TYPE: RESIDENTIAL all-DENSITY)
ZONING:
R-3
NON-CONFORMING ISSUES: SEE ZONING BOARD OF ADJUSTMENT DOCUMENT
SEWER
GAS:
YES
YES
NO.OF DWELLING UNITS:
(4) UNITS
VACANT:
YES
OCCUPIED:
AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE vm, THE BOARD OF
INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE
BUILDING LOCATED THEREON, IN THEIR OPINlON, IS IN FACT A DANGEROUS BUILDING, FOR THE
FOLLOWING REASONS:
Sec. 82-473. Declaration of Public Nuisance and Hazard.
A. Dangerous or Substandard Buildings or Structures.
A building or structure shall be considered dangerous or substandard whenever it is
determined by the Board, that any or all of the foUowing is applicable:
L-l.A building that is vacant, and is not up to current building code standards. These vacant buildings can be
either open to trespass or boarded up;
L-2.Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause
to such an extent that the structural strength or stability thereof is materially less than it was before such
catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure,
purpose or location;
L-3.Whenever any portion or member or appurtenance thereof is likely to fuil, or to become detached or
dislodged, or to collapse and thereby injure persons or damage property;
L- 4.whenever the building or structure, or any portion thereot: because of (a) dilapidation, deterioration, or
decay; (b) fiwIty construction; (c) the removal, movement or instability of any portion of the ground necessary for
the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any
other cause, is likely to partially or completely collapse;
L-S.Whenever, for any reason, the building or structure, or any portion thereot: is manifestly unsafe for the
purpose of which it is being used;
Dangerous Buildings Inspection Form Bldg 8
Page 2
L-6.Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has
become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c)
enable persons to resort thereto for the purpose of committing unlawful acts;
L-7.Whenever a building or structure, used or intended to be used for dwelling purposes, because of
inadequate maintenance. dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or
sanitation facilities, or otherwise, is determined by the Board to be unsanitary, Unfit for human habitation or in
such a condition that is likely to cause sickness or disease;
L-S.Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration,
damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring. gas connections, or
heating apparatus or other cause, is determined by the Board to be a fire hazard;
B. Dangerous or substandard electrical, plumbing, or mechanical installations.
A building or structure shall be considered dangerous or substandard
whenever it is determined by the Board, that any or all of the following is
applicable:
L-l.Whenever any protective or safety device specified in The Electrical Code and of this title is not
provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally
intended;
L-2.Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b)
faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a
hazard to life, health, property or safety;
L-3.Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or
any other cause so as to constitute a potential hazard to life, health, property or safety;
L- 4.Whenever any installation or any portion thereofwas constructed, installed, altered or maintained in
violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or
safety.
FINDINGS AND CONCLUSIONS OF TIIE BOARD OF INSPECTION:
OPTION #1:
ffiEP AIRABLE - RESIDENTIAL)
IN ACCORDANCE WITH TIIE 1994 EDmON OF TIIE STANDARD HOUSING CODE. AS ADOPlED AND
ENACIED BY THE CITY OF LA PORTE'S CODE OF ORDINANCES ARTICLE VI SECTION 82-411 AND
ORDINANCE #97-2198. USING TIIE CODE AS ITS GUIDE. IT IS TIIE OPINION OF TInS INSPECTION BOARD
THAT TInS BUIlDING IS IN FACT DANGEROUS. BUT STILL REPAIRABLE. AIL REQUIRED REPAIRS OR
ALTERATIONS SHAlL BE DONE IN ACCORDANCE WITH AIL APPUCABLE CITY OF LA PORTE CODES AND
ORDINANCES. IF TIIE REPAIR OR ALTERATION ORDER IS NOT COMPLIED wrrn wrrnIN TIIE TIMETABLE
SET OUT IN ARTICLE VIII. SECTION 82-478 OF TIIE ClTY'S CODE OF ORDINANCES. IT IS TIIEN TIIE OPINION
OF TInS INSPECTION BOARD THAT TInS BUILDING BE DEMOLISHED.
x~ Jl bJ~~i) 1f-~-o~
BUILDING OFFICIAL'S OFFICE DATE
~//H:-~-~-&Y
MARSHAL'S OFFICE 7ATE
x_W. (Yt ~~y ()4!b(Pit7t{
FIRE CHIEFS OFFICE DATE
Dangerous Building Inspection Form Bldg 8
A = Adequate
1. SlRUCIURAL
A. Foundation
1. Slab
2. Pier & Beam
a Footings
b. Sills
c. Joists
B. Walls
1. Exterior
2. Interior
C. Means or Egress
1. Doors
a Interior
b. Exterior
2. Porches, Steps,
Stairs
Windows
D. Roof'
1. Rafters
2. Deck, Shingles
E. CeDings
1. Joists
2. Ceiling
F. Floors
G. Other
II. MEHCANICAL SYSTEMS
A. Electrical
1. Service Enttance
& Panel
2. Wiring
3. Lights, Switches
4. Outlets
5. Other
B. Plumbing
1. Fixtures
a Sink
b. Lavatories
c. Water/Closets
d Shower
e WaterHeater
2. Water Piping
3. Drain, Waste
& Vent
4. Sewer/Septic tank
5. Gas System
C. Beating & AlC
1. Heating
2. Air Conditioning
Page 3
D = Deficient
BUILDING EVALUATION CHECKLIST
N/A = Not Applicable
!L-
~
~
~
!L-
UNK
UNK
UNK
!L-
!L-
~
UNK
UNK
UNK
UNK
!L-
!L-
UNK
UNK
UNK
UNK
~
UNK
UNK
UNK
!L-
UNK
UNK
~
~
UNK
m. PROPERTY CONDmONS
1. Accessory Structures ~
2. Condition of Grounds !L-
3. Other
Comments:
COMMENT / EXPLANATION
SIGNS OF UNEVEN SE'ITLEMENT
SOME WALL SEPARATION AND HOLES IN WALL
BOARDED UP: UNABLE TO INSPECT
BOARDED UP: UNABLE TO INSPECT
BOARDED UP: UNABLE TO INSPECT
UNSAFE: RUSTED AND/OR DAMAGED
UP WINDOWS BUSTED OUT: DOWN WINDOWS BOARDED UP
BOARDED UP: UNABLE TO INSPECT
BOARDED UP: UNABLE TO INSPECT
BOARDED UP: UNABLE TO INSPECT
BOARDED UP: UNABLE TO INSPECT
SOFFIT & FACIA ROT
DEAD FRONT HAS OPENINGS & WIRES DISCONNECTED
BOARDED UP: UNABLE TO INSPECT
BOARDED UP: UNABLE TO INSPECT
BOARDED UP: UNABLE TO INSPECT
BOARDED UP: UNABLE TO INSPECT
BOARDED UP: UNABLE TO INSPECT
BOARDED UP: UNABLE TO INSPECT
BOARDED UP: UNABLE TO INSPECT
BOARDED UP: UNABLE TO INSPECT
BROKEN PIPES /EXTERIOR)
BOARDED UP: UNABLE TO INSPECT
BOARDED UP: UNABLE TO INSPECT
BOARDED UP: UNABLE TO INSPECT
BOARDED UP: UNABLE TO INSPECT
NOT VlSffiLE
WEEDS
SECURING OF BUILDING DONE BY CITY OF LA PORTE
S:'CPSbareIlNSPECTION DIVISION\AIL OTIIER STIJFFICode EDforcemeutlDang Buildinp\D B INSP FORM GARFIElD BIDG1l.doc02-2004 Rev.
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City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DATE: 4-1-04
STREET ADDRESS: 200 GARFIELD ST. BLDG 9
OWNER:
200 GARFIELD. UJ>
AGENT:
JOE NEVARRO
MAIT..ING ADDRESS:
6126 ROBERTA PLACE STOCKTON. CA 95212
LEGAL:
BLl( 18: LOTS 1.0& 11-16&ADJ. 16' ALLEY: SYLVAN BEACH
OCCUPANCY TYPE: RESIDENTIAL /HI-DENSITY)
ZONING:
R-3
NON-CONFORMlNG ISSUES: SEE ZONING BOARD OF ADJUSTMENT DOCUMENT
F ACILITlES AVAILABLE: WATER YES
SEWER
GAS:
YES
ELECTRICAL: YES
YES
NO.OF DWELLING UNITS:
(8) UNITS
VACANT:
YES
OCCUPIED:
AS REQUIRED IN TIlE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE vm. TIlE BOARD OF
INSPECTION MADE AN INSPECTION OF TIlE AFOREMENTIONED PROPERTY, AND DETERMINED TIlE
BUILDING LOCATED TIlEREON, IN TIlEIR OPINlON, IS IN FACT A DANGEROUS BUILDING, FOR TIlE
FOLLOWING REASONS:
Sec. 82-473. Declaration of Public Nuisance and Hazard.
A. Dangerous or Substandard Buildings or Structures.
A building or structure shall be considered dangerous or substandard whenever it is
determined by the Board, that any or all of the following is applicable:
L-l.A building that is vacant, and is not up to current building code standards. These vacant buildings can be
either open to trespass or boarded up;
L-2.Whenever any portion thereofhas been damaged by fire, earthquake, wind, flood, or by any other cause
to such an extent that the structural strength or S1ability thereof is materially less than it was before such
catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure,
purpose or location;
L-3.Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or
dislodged, or to collapse and thereby injure persons or damage property;
L- 4.Whenever the building or structure, or any portion thereot: because of (a) dilapidation, deterioration, or
decay; (b) fiwlty construction; (c) the removal, movement or instability of any portion of the ground necessaIy for
the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any
other cause, is likely to partially or completely collapse;
L-S. Whenever, for any reason, the building or structure, or any portion thereot: is manifestly unsafe for the
purpose ofwbich it is being used;
Dangerous Buildings Inspection Form Bldg 9
Page 2
L-6.whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or bas
become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c)
enable persons to resort thereto for the purpose of committing unlawful acts;
L-7.Whenever a building or structure, used or intended to be used for dwelling purposes, because of
inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or
sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in
such a condition that is likely to cause sickness or disease;
L-S.Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration,
damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or
heating apparatus or other cause, is determined by the Board to be a fire hazard;
B. Dangerous or substandard electrical, plumbing, or mechanical installations.
A building or structure shall be considered dangerous or substandard
whenever it is determined by the Board, that any or all of the following is
applicable:
L-l.Whenever any protective or safety device specified in The Electrical Code and of this title is not
provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to full or function as originally
intended;
L-2.Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b)
faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a
hazard to life, health, property or safety;
L-3.Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or
any other cause so as to constitute a potential hazard to life, health, property or safety;
L- 4.Whenever any installation or any portion thereof was constructed, installed, altered or maintained in
violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or
safety.
FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION:
OPTION #1:
(REPAIRABLE - RESIDENTIAL)
. IN ACCORDANCE WITH THE 1994 EDmON OF THE STANDARD HOUSING CODE. AS ADOPTED AND
ENAClED BY THE CITY OF LA PORTE'S CODE OF ORDINANCES ARTICLE Vi SECTION 82-411 AND
ORDINANCE #97-2198. USING THE CODE AS ITS GUIDE. IT IS THE OPINION OF TInS INSPECTION BOARD
THAT TInS BUllDING IS IN FACT DANGEROUS. BUT STILL REPAIRABLE. ALL REOUIRED REPAIRS OR
ALTERATIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTE CODES AND
ORDINANCES. IF THE REPAIR OR ALTERATION ORDER IS NOT COMPLIED WITH WITHIN THE TIMETABLE
SET OUT IN ARTICLE vm. SECTION 82-478 OF THE CITY'S CODE OF ORDINANCES. IT IS THEN THE OPINION
OF TInS INSPECTION BOARD THAT TInS BUllDING BE DEMOLISHED.
x~~~rlJ~t:J L/-~..()~
BUllDING OffICIAL'S OffICE DATE
~~~N~~
. HAL'" OFFICE m /
x 11).rn.117
FIRlf CHIEFS OffICE /'
() if / tJt? /!L(
DATE
Dangerous Building Inspection Form Bldg 9
A = Adequate
I. STRUCTURAL
A. Foundation
1. Slab
2. Pier & Beam
a Footings
b. Sills
c. Joists
B. Walls
1. Exterior
2. Interior
C Means of Egress
1. Doors
a Interior
b.Exterior
2. Porches, Steps,
Stairs
Windows
D. Roof
1. Rafters
2. Deck, Shingles
E. Ceilings
I. Joists
2. Ceiling
F. Floors
G. Other
II. MEHCANICAL SYSTEMS
A. Electrical
1. Service EntIance
& Panel
2. Wiring
3. Lights, Switches
4. Outlets
5. Other
B. Plumbing
1. Fixtures
a Sink.
b. Lavatories
c. Water/Closets
d Shower
e Water Heater
2. Water Piping
3. Drain, Waste
& Vent
4. SewerlSeptic tank
5. Gas System
C. Heating & AlC
1. Heating
2. Air Conditioning
m. PROPERTY CONDmONS
Page 3
D = Deficient
BUll..DING EVALUATION CHECKLIST
N/ A = Not Applicable
L-
~
~
~
L-
L-
L-
L-
L-
L-
~
UNK
L-
L-
L-
L-
L-
L-
L-
L-
L-
L-
L-
L-
L-
L-
L-
L-
L-
L-
UNK
1. Accessory Structures N/A
2. Condition of Grounds L-
3. Other
Comments:
COMMENT /EXPLANATION
SIGNS OF UNEVEN SETILEMENT
MAJOR aNTERIOR) FIRE DAMAGE TO 1ST FLOOR BASED ON
1-15-02 PHOTOS
MAJOR aNTERIOR) FIRE DAMAGE TO 1ST FLOOR BASED ON
1-5-02 PHOTOS
NONE IN 2ND FLOOR AREA
PREVIOUS FIRE DAMAGE TO OOWNSTAIR DOORS: (3) OF (4)
UPSTAIR DOORS BOARDED UP: (I) UPSTAIR DOOR BUSTED
UNSAFE: RUSTED AND/OR DAMAGED
UP'WINDOWS BUSTED OUT: DOWN'FIRE DAMAGED
VISUAL INSP ON 3-16-04 REVEALED LEAKING OF WATER
MAJOR (INTERIOR) FIRE DAMAGE BASED ON 1-15-02 PHOTOS
NO SHEETROCK ON 1ST OR 2ND FLOOR CEILING
FIRE DAMAGE OF BOlTOM FLOOR CEILING/2ND FLOOR
MEMBERS BASED ON 1-15-02 PHOTOS
SOFFIT & F AClA ROT
INSIDE PANEL COVER MISSING. BREAKERS MISSING.
& LOOSE WIRES
SOME FIRE DAMAGE
SOME FIRE DAMAGE
SOME FIRE DAMAGE
MAJOR FIRE DAMAGE DOWNSTRS BASED ON 1-15-02 PHOTOS
MAJOR FIRE DAMAGE DOWNSTRS BASED ON 1-15-02 PHOTOS
MAJOR FIRE DAMAGE DOWNSTRS BASED ON 1-15-02 PHOTOS
MAJOR FIRE DAMAGE DOWNSTRS BASED ON 1-15-02 PHOTOS
MAJOR FIRE DAMAGE DOWNSTRS BASED ON 1-15-02 PHOTOS
MAJOR FIRE DAMAGE DOWNSTRS BASED ON 1-15-02 PHOTOS
MAJOR FIRE DAMAGE DOWNSTRS BASED ON 1-15-02 PHOTOS
MAJOR FIRE DAMAGE DOWNSTRS BASED ON 1-15-02 PHOTOS
MAJOR FIRE DAMAGE DOWNSTRS BASED ON 1-15-02 PHOTOS
MAJOR FIRE DAMAGE DOWNSTRS BASED ON 1-15-02 PHOTOS
NOT VISffiLE
WEEDS
MAJOR FIRE DAMAGE 1-15-02: SECURING OF BUILDING DONE BY CITY OF LA PORTE
S:'CPSbareIlNSPECTlON DMSION\AlL OTHER STUFF\Code Eoforcemart\Dang Buildings\D B INSP FORM GARFIELD BLDG 9.cIoc02-2004 Rev.
ORDINANCE NO. 2004- f) '7 /1
AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON LOT (S) 1-6 &
11-16 & Adi. 16' Alley, BLOCK ~ ADDITION Sylvan Beach, HARRIS COUNTY,
TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S)
CONDEMNED; FINDING THAT Joe Nevarro for 200 Garfield. LLP IS THE RECORD
OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO
ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING SAID
OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN (10)
DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE
DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID
BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COpy OF
THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF
SAID BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID
OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE
DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW.
WHEREAS, the City Council of the City of La Porte, passed and approved
Section 82-472 of the Code of Ordinances as amended by Ordinance #04-2700 that
passed and approved on January 26, 2004, creating a Dangerous Building Inspection
Board to be composed of the Building Official, or his/her duly authorized representative,
the Fire Chief, or his/her duly authorized representative, and the Fire Marshal or his/her
duly authorized representative; and
WHEREAS, Section 82-474 (a) of said section, as amended by Ordinance #04-2700,
provides that:
Whenever it shall come to the attention of the Board or any member thereof, by
reason of the carrying out of the necessary duties of such member, or by reason of a
complaint of any citizen of the City or of the City Council, that a dangerous building
exists, the Board shall make a thorough inspection of such building; and
WHEREAS, Section 82-474 (e) of said section, as amended by Ordinance #04-2700,
provides that:
After the inspection provided for in this section has been made, with or without
the aid of an expert, the Board shall report its conclusion in writing to each of the
members of the City Council and to the City Attorney. Such report shall state the
circumstances and the condition of the building upon which such conclusion was based.
The report shall be filed in all cases no matter what conclusion is stated by the Board~ and
Ordinance #2004 - () '7 /1
Page 2
WHEREAS, it has heretofore come to the attention of the Board that the
building(s) located on Block 18. Lots 1-6 & 11-16 & Adi. 16' Alley; Sylvan Beach,
which is further described as 200 Garfield. Building #1. Harris County, Texas, has, for
the reason of neglect or misuse, been allowed to deteriorate into a condition of decay or
partial ruin or has become a public nuisance and hazard, as defined in Section 82-473 of
the Code of Ordinances of the City of La Porte, as amended by Ordinance #04-2700; and
WHEREAS, said Board has heretofore made and filed its written report, dated
April 1. 2004 finding said building to be in fact a dangerous building;
WHEREAS, City Council received such report, and ordered notice to the record
owner(s) of said property, Joe Nevarro for 200 Garfield. LLP, whose address is 6126
Roberta Place - Stockton. CA 95212, that a hearing as provided in Section 82-477 of said
Ordinance would be held at 604 W. Fairmont Parkway, at the Council Chambers, City
Hall, City of La Porte, Texas, at which time the Council would hear evidence for and
against the conclusions of the Board;
WHEREAS, the City Secretary has heretofore served notice of said hearing upon
said owner(s), by registered mail, return receipt requested, which return receipt indicated
that said owner(s) received said notice on April 12. 2004. a date more than ten (10) days
before the date set for said hearing;
WHEREAS, at said date, time, and place, City Council met in regular session to
conduct such public hearing, at which time evidence was presented both for and against
the conclusions of the Board;
Ordinance #2004 - ~ '11 q
Page 3
WHEREAS, City Council, after due deliberation, and within fifteen (15) days
after the termination of the hearing, is required to make its decision in writing and enter
its order; and
WHEREAS, City Council entered its order on April 27. 2004 a day which is
within fifteen (15) days after the termination of the hearing; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. This Ordinance contains the Findings of Fact, Conclusions of Law,
and orders of the City Council of the City of La Porte based upon the evidence presented
at said hearing.
Section 2. Based on the evidence presented at said hearing, the City Council
hereby adopts the attached report of the Dangerous Building Inspection Board, in full,
and incorporates such by reference herein as fully as though set out herein.
Section 3. The City Council hereby finds, determines and declares such
building to be a nuisance, and orders such building condemned.
Section 4. The City Council hereby finds, determines and declares that Mr.
Joe Nevarro for 200 Garfield. LLP, whose address is 6126 Roberta Place - Stockton. CA
95212 is the record owner(s) of the property on which this building is situated, and that as
such record owner(s), the said Joe Nevarro for 200 Garfield. LLP has been duly and
legally notified of those proceedings.
Section 5. The City Council hereby orders the said Joe Nevarro for 200
Garfield. LLP to entirely remove or tear down such building, and further orders the said
Joe Nevarro for 200 Garfield. LLP to commence such removal within ten (10) days from
the effective date of this Ordinance, and to complete such removal of demolition of such
building within a reasonable time.
Ordinance #2004 - .'+/]/7
Page 4
Section 6. The City Council hereby orders the Dangerous Building Inspection
Board of the City of La Porte to cause a notice of the dangerous, unsanitary condition of
the building to be affixed in one or more conspicuous places on the exterior of the
building, which notice or notices shall not be removed or defaced by any person, under
penalty oflaw.
Section 7. The City Council hereby orders the City Secretary to forward a
certified copy of this Ordinance, to the record owner(s) of said property, the said Joe
Nevarro for 200 Garfield. LLP, by registered mail, return receipt requested.
Section 8. Should the said Joe Nevarro for 200 Garfield. LLP, not comply
with the orders contained in this Ordinance relating to the removal or demolition of such
building within ten (10) days after hereof, then the Dangerous Building Inspection Board
of the City of La Porte shall enter upon the said premises with such assistance as it may
deem necessary, and cause the said building to be removed or demolished without delay,
and the expenses of such procedure shall be charged against the said Joe Nevarro for 200
Garfield. LLP, record owner(s) of said property, and shall thereupon become a valid and
enforceable personal obligation of said owner of such premises, and the said Board of
Inspection shall carefully compute the cost of such removal or demolition, which cost
shall be hereafter assessed against the land occupied by such building, and made lien
thereon.
Section 9. The City Council officially finds, determines, and 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
Drdinance #2004 - J 1 }7
Page 5
Section 10. This Ordinance shall take effect and be in force from and after its
passage and approval.
PASSED AND APPROVED this the 26th day of April, 2004.
~
Mayor
~
ATTEST:
c-f/ltfltu a #.u/I
City Secretary
STATE OF TEXAS )(
COUNTY OF HARRIS )(
CITY OF LA PORTE )(
NOTICE OF PUBLIC HEARING
In accordance with the provisions of City of La Porte Ordinance #97-2198; Article VIII; S. 82-477
and as amended by Ordinance #04-2700, notice is hereby given that the La Porte City Council will conduct
a Public Hearing at 6:00 P.M. On Monday the 26tb day of April, 2004, in the Council Chambers of the
City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider
condemnation of the following structures that have been found by the Dangerous Building Inspection
Board to be dangerous (substandard) and a public nuisance.
200 Garfield
[Nine (9) abandoned apartment buildings in High Density Residential (R-3) District)
Block 18; Lots 1-6 & 11-16 & Adj. 16' Alley; Sylvan Beach
Mr. Joe Nevarro % 200 Garfield, LLP - 6126 Roberta Place
Stockton, CA 95212
Mr. Scott Wizig % 4W Homes, LP, Texas LP
P. O. Box 741109 - Houston, Tx 77274-1109
Mr. Scott Wizig % 4W Homes, LP, Texas LP
P. O. Box 741109 - Houston, Tx 77274-1109
New Owner:
Lienholder:
Tax Roll & Deed:
Building # 1- (5) Units
Building # 2 - (8) Units
Building # 3 - (4) Units
Building # 4 - (6) Units
Building # 5 - (8) Units
Building # 6 - (8) Units
Building # 7 - (4) Units
Building # 8 - (4) Units
Building # 9 - (8) Units
Owners of the above listed structures are hereby required to appear before the City Council to
show why their buildings should not be declared a nuisance, condemned and ordered to be tom down.
Citizens wishing to speak at the public hearing, pro or con, will be required to sign in before the
meeting is convened.
Following the public hearing, a regular meeting of the City Council will be held to act upon the
public hearing and other matters to be brought before the Council.
THIS FACILITY HAS DISABILITY ACCOMMODATIONS AVAILABLE. REQUESTS FOR
ACCOMMODATIONS OR INTERPRETIVE SERVICES AT MEETINGS SHOULD BE MADE 48
HOURS PRIOR TO THIS MEETING. PLEASE CONTACT THE CITY SECRETARY'S OFFICE AT
281-471-5020 OR TDD LINE 281-471-5030, FOR FURTHER INFORMATON.
Martha A. Gillett, TRMC
City Secretary
Date Posted
ACTION OF CITY COUNCIL
On this, the 26th day of April, 2004, the City Secretary of the City of La
Porte, having received the above and foregoing report from the Dangerous Building
Inspection Board of the City of La Porte, the City Secretary of the City of La Porte is
hereby ordered to notify the owner in writing in accordance with the provisions of the
City's Code of Ordinances Article VIII, Section 82-478, as amended by Ordinance #04-
2700.
CITY OF LA PORTE
B9~
ATTEST:
L171att/Ja ~/II
City Secretary
CITY SECRETARY'S CERTIFICATE
I hereby certify that on the J']II- day of de!f/-'- ,Mb!/. I mailed a
notice to the above named owner, in connection with th above referenced property, saId
notice being in accordance with City's Code of Ordinances Article VIII, Section 82-478,
as amended by Ordinance #04-2700. A copy of said notice is attached hereto. Said
notice included a copy of the Dangerous Building Inspection Form attached hereto.
l-fY/MdJL #~
Martha Gillett
City Secretary
S:\CPShare\Code Enforcement\Action by City Council Form.doc
April 2004. Rev.
ORDINANCE NO. 2004- .~ '1 Ii
AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON LOT (S) 1-6 &
11-16 & Adj. 16' Alley, BLOCK ~ ADDITION Sylvan Beach, HARRIS COUNTY,
TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S)
CONDEMNED; FINDING THAT Joe Nevarro for 200 Garfield. LLP IS THE RECORD
OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO
ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING SAID
OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN (10)
DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE
DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID
BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COpy OF
THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF
SAID BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID
OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE
DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW.
WHEREAS, the City Council of the City of La Porte, passed and approved
Section 82-472 of the Code of Ordinances as amended by Ordinance #04-2700 that
passed and approved on January 26, 2004, creating a Dangerous Building Inspection
Board to be composed of the Building Official, or his/her duly authorized representative,
the Fire Chief, or his/her duly authorized representative, and the Fire Marshal or hislher
duly authorized representative; and
WHEREAS, Section 82-474 (a) of said section, as amended by Ordinance #04-2700,
provides that:
Whenever it shall come to the attention of the Board or any member thereof, by
reason of the carrying out of the necessary duties of such member, or by reason of a
complaint of any citizen of the City or of the City Council, that a dangerous building
exists, the Board shall make a thorough inspection of such building; and
WHEREAS, Section 82-474 (e) of said section, as amended by Ordinance #04-2700,
provides that:
After the inspection provided for in this section has been made, with or without
the aid of an expert, the Board shall report its conclusion in writing to each of the
members of the City Council and to the City Attorney. Such report shall state the
circumstances and the condition of the building upon which such conclusion was based.
The report shall be filed in all cases no matter what conclusion is stated by the Board; and
Ordinance #2004 - allD
Page 2
WHEREAS, it has heretofore come to the attention of the Board that the
building(s) located on Block 18. Lots 1-6 & 11-16 & Adi. 16' Alley: Sylvan Beach,
which is further described as 200 Garfield. Building #1. Harris County, Texas, has, for
the reason of neglect or misuse, been allowed to deteriorate into a condition of decay or
partial ruin or has become a public nuisance and hazard, as defined in Section 82-473 of
the Code of Ordinances of the City of La Porte, as amended by Ordinance #04-2700; and
WHEREAS, said Board has heretofore made and filed its written report, dated
April L 2004 finding said building to be in fact a dangerous building;
WHEREAS, City Council received such report, and ordered notice to the record
owner(s) of said property, Joe Nevarro for 200 Garfield. LLP, whose address is 6126
Roberta Place - Stockton. CA 95212, that a hearing as provided in Section 82-477 of said
Ordinance would be held at 604 W. Fairmont Parkway, at the Council Chambers, City
Hall, City of La Porte, Texas, at which time the Council would hear evidence for and
against the conclusions of the Board;
WHEREAS, the City Secretary has heretofore served notice of said hearing upon
said owner(s), by registered mail, return receipt requested, which return receipt indicated
that said owner(s) received said notice on April 12. 2004. a date more than ten (10) days
before the date set for said hearing;
WHEREAS, at said date, time, and place, City Council met in regular session to
conduct such public hearing, at which time evidence was presented both for and against
the conclusions of the Board;
Ordinance #2004 - {).,11B
Page 3
WHEREAS, City Council, after due deliberation, and within fifteen (15) days
after the termination of the hearing, is required to make its decision in writing and enter
its order; and
WHEREAS, City Council entered its order on April 27. 2004 a day which is
within fifteen (15) days after the termination of the hearing; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. This Ordinance contains the Findings of Fact, Conclusions of Law,
and orders of the City Council of the City of La Porte based upon the evidence presented
at said hearing.
Section 2. Based on the evidence presented at said hearing, the City Council
hereby adopts the attached report of the Dangerous Building Inspection Board, in full,
and incorporates such by reference herein as fully as though set out herein.
Section 3. The City Council hereby finds, determines and declares such
building to be a nuisance, and orders such building condemned.
Section 4. The City Council hereby finds, determines and declares that Mr.
Joe Nevarro for 200 Garfield. LLP, whose address is 6126 Roberta Place - Stockton. CA
95212 is the record owner(s) of the property on which this building is situated, and that as
such record owner(s), the said Joe Nevarro for 200 Garfield. LLP has been duly and
legally notified of those proceedings.
Section 5. The City Council hereby orders the said Joe Nevarro for 200
Garfield. LLP to entirely remove or tear down such building, and further orders the said
Joe Nevarro for 200 Garfield. LLP to commence such removal within ten (10) days from
the effective date of this Ordinance, and to complete such removal of demolition of such
building within a reasonable time.
Ordinance #2004 -~/18
Page 4
Section 6. The City Council hereby orders the Dangerous Building Inspection
Board of the City of La Porte to cause a notice of the dangerous, unsanitary condition of
the building to be affixed in one or more conspicuous places on the exterior of the
building, which notice or notices shall not be removed or defaced by any person, under
penalty of law.
Section 7. The City Council hereby orders the City Secretary to forward a
certified copy of this Ordinance, to the record owner(s) of said property, the said Joe
Nevarro for 200 Garfield. LLP, by registered mail, return receipt requested.
Section 8. Should the said Joe Nevarro for 200 Garfield. LLP, not comply
with the orders contained in this Ordinance relating to the removal or demolition of such
building within ten (10) days after hereof, then the Dangerous Building Inspection Board
of the City of La Porte shall enter upon the said premises with such assistance as it may
deem necessary, and cause the said building to be removed or demolished without delay,
and the expenses of such procedure shall be charged against the said Joe Nevarro for 200
Garfield. LLP, record owner(s) of said property, and shall thereupon become a valid and
enforceable personal obligation of said owner of such premises, and the said Board of
Inspection shall carefully compute the cost of such removal or demolition, which cost
shall be hereafter assessed against the land occupied by such building, and made lien
thereon.
Section 9. The City Council officially finds, determines, and 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 #2004 - a1181
Page 5
Section 10. This Ordinance shall take effect and be in force from and after its
passage and approval.
PASSED AND APPROVED this the 26th day of April, 2004.
~
Mayor
ATTEST:
~atilldu I!JJiI!
City Secretary
ACTION OF CITY COUNCIL
On this, the 26th day of April, 2004, the City Secretary of the City of La
Porte, having received the above and foregoing report from the Dangerous Building
Inspection Board of the City of La Porte, the City Secretary of the City of La Porte is
hereby ordered to notify the owner in writing in accordance with the provisions of the
City's Code of Ordinances Article VIII, Section 82-478, as amended by Ordinance #04-
2700.
CITY OF LA PORTE
~
A TIEST:
L1r;!lMI/d ,0fd4
City Secretary
CITY SECRETARY'S CERTIFICATE
I hereby certify that on the ;;1.111-- day of ~ .fJ ootf. I mailed a
notice to the above named owner, in connection with t e above referenced property, said
notice being in accordance with City's Code of Ordinances Article VIII, Section 82-478,
as amended by Ordinance #04-2700. A copy of said notice is attached hereto. Said
notice included a copy of the Dangerous Building Inspection Form attached hereto.
Lfrl dJ;t4 /fpt))
Martha Gillett
City Secretary
S:\CPShare\Code Enforcement\Action by City Council Form.doc April 2004. Rev.
City of La Porte
Interoffice Memorandum
To:
Mayor and City Council
Debra B. Feazelle, City Manager
From:
John Joerns, Assistant City Man e
cc:
Cynthia Alexander, Assistant City anager
Nick Finan, Interim Planning Director
Date:
April 21, 2004
Subject:
Request to Withdraw Council Agenda Item Relating to SCUP for Multi-Family
Development at Southeast Corner of McCabe Road and SH146
RE: Planning and Zoning Recommendation to Deny
Yesterday afternoon the City Secretary's office received a verbal request from the Burchfield
Companies to withdraw this item from the April 26 Council Agenda. The question of withdrawing an
item/recommendation from Planning and Zoning Commission was passed on to me.
After visiting with John Armstrong, the following points are prepared for Council's consideration:
o The applicant has the right to request a withdrawal. However, the City Council has the right to
act on Planning and Zoning Commission's recommendation to them.
o Public Hearing Notice has gone out, the Public has right to show up and be heard.
o It would be up to Council to:
o Accept applicant's request to withdraw (and to remand back to Planning and Zoning
Commission to further address issues).
o Act on the recommendation of Planning and Zoning Commission:
· To deny (simple majority)
· Or approve (overturn Planning and Zoning Commission recommendation to
deny, which takes super majority)
· Approval could include a list of conditions provided and/or added to by Council
If Council acts on Planning and Zoning Commission's recommendation to deny - it is 6 months before
they can re-apply.
~
w. G. Burchfield & Bro. #
Real Estate Brokerage and Related Services
April 26, 2004
City Council
City of La Porte
Re: Preserve at Taylor Bayou Development
Dear Council Members:
We have been working very hard with the La Porte planning and engineering staff
to bring them the information that they have requested in pursuit of our desire to bring a
park and a quality development to La Porte. Unfortunately, some of this information
must flow from public sources like the Corps of Engineers and the County of Harris -
whose time tables are beyond our control. We remain aggressively positive that the
information is forthcoming that will satisfy all of the various segments of the City of La
Porte. We would humbly request that our requests to the City be returned back to P & Z
such that we can obtain the requisite information to complete our applications in the
manner satisfactory to all concerned.
We thank you in advance for your consideration.
W. G. Burchfield & Bro.
Burchfield Development
Preserve at ~lor B
Cc: Debra Feazelle, City Manager
Cc: John Joerns, Assistant City Manager
Cc: Robert Cummings, Supervising Engineer
Cc: Wayne Sabo, City Planner
Cc: Nick Finan, Interim Planning Director
2123 W.Governors Circle, Ste. 400 Houston, Texas 77092 (713) 956-0555; Fax (713)956-0166
REQUEST FOR CITY COUNCIL AGENDA ITEM
Requested By: Nick Finan
Appropriation
Agenda Date Requested: April 26. 2004
Budgeted Items:
N/A
N/A
N/A
N/A
YES NO
Source of Funds:
Department: Plannin2
Account Number:
Report: x Resolution:
Ordinance: X
Amount Budgeted:
Exhibits:
Ordinance
Staff Report to P&Z
Area Map
Zoning Map
General Plan
Site Plan
Amount Requested:
SUMMARY & RECOMMENDATION
The Planning and Zoning Commission, during its March 29,2004, meeting, held a public hearing to receive citizen
comments regarding Special Conditional Use Permit Request #SCU04-003. The request, submitted by Mr. Robert
Burchfield, seeks approval of a General Plan and a Special Conditional Use Permit (SCUP). The General Plan is for
the entire :1:107 acre tract and the SCUP is for multi-family residential development consisting of 28.43 acres to be
known as the Preserve at Taylor Bayou, which is to be built in two phases. The property is located at the southeast
corner of SH 146 and McCabe Road.
Originally, the General Plan demonstrated that 77.5 acres out of 107 acres would need to be preserved in perpetuity
as a Conservation Easement based on a permit the applicant received from the US Army Corps of Engineers. The
remaining developable acreage showed 28.5 acres proposed as high-density residential in the PUD zone.
A detailed analysis of this project as originally presented was provided to the Planning and Zoning Commission.
Several years ago, the Commission and Council approved a General Plan and SCUP for this location. A I-year
extension was granted in year 2001, however, no construction occurred and the permit expired in 2002. In addition,
the applicant has failed to comply with several of the requests from previous P&Z meetings. Most notably, Corp's
approval of sewer line and lift station, finance letter, and commitment letter on the Preserve.
Recently the Commission and City Council adopted new multi-family development regulations. The regulations
established a 180-units maximum limit with a density of 14 units/acre. Based on the area calculations, the density
here comes out to be 14.70 units/acre with the number of units proposed for phases I and 2 as 198 and 220
respectively. Therefore, the total is 418 units, exceeding the amount allowed by the ordinance
The Planning and Zoning Commission, by 4-1 vote; (4 in favor, I opposed, and the chair abstained) recommended
disapproval of Special Conditional Use Permit #SCU04-003. City Council may overrule the Commission's
recommendation and approve the Special Conditional Use Permit request. This would be voting in favor of the
proposed ordinance and requires a minimum of seven affirmative votes (3/4 rule).
Action Reauired bv Council:
1. Conduct public hearing.
2. Consider taking action on recommendation for denial by P&Z for 28.43 acres ofland located at the southeast
corner of McCabe Road and SH. 146. The applicant, Mr. Robert Burchfield, seeks SCUP for multi-family
development in PUD zone.
{L
Debra B. FeazeUe, City Man
~~2J~ J~
Date
D II!, (Jllla net
r1ro1 AfPbJ f d
ORNINANCE NO. 1501-KJ(i...
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 GRANTING A SPECIAL CONDITIONAL USE PERMIT FOR THAT
CERTAIN PARCEL OF LAND DESCRIBED AS FOLLOWS, TO-WIT: 28.43 ACRES IN THE
1200 BLOCK OF McCABE ROAD, BEING TRS 8, 8A, 5F-1, 49A, & 9B, ABSTRACT 30, W. P.
HARRIS SURVEY, LA PORTE, HARRIS COUNTY, TEXAS, FOR THE PURPOSE OF
DEVELOPING A MULTI-FAMILY DEVELOPMENT IN A PLANNED UNIT DEVELOPMENT
(PUD) ZONE; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF;
WIIS
(//20/01
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 finds, determines and
declares that heretofore, to-wit, on the 29th day of March, 2004, at 6:00 p.m. a Public Hearing
was held before the Planning and Zoning Commission of the City of La Porte, Texas, pursuant
to due notice as required by the Open Meetings Law, Chapter 551, Texas Government Code, to
consider the question and the possible reclassification of the zoning classification of the
hereinafter described parcels of land. There is attached to this Ordinance as Exhibit "A", and
incorporated by reference herein and made a part hereof for all purposes, a copy of Notice of
Public Hearing, which the City Council of the City of La Porte hereby finds was properly mailed
to all owners of all properties located within two hundred feet (200') of the properties under
consideration.
"Section 2. The publisher's affidavit of publication of notice of said hearing is attached
hereto as Exhibit "B", incorporated by reference herein and made a part hereof for all purposes.
"Section 3. Immediately following such public hearing on March 29, 2004, the
Planning and Zoning Commission of the City of La Porte met in regular session to consider
changes in classification, which were the subject of such public hearing. The City Council of the
City of La Porte is in receipt of the written recommendations of the City of La Porte Planning and
Zoning Commission, by letter dated March 30, 2004, a true copy of which letter is attached
hereto as Exhibit "C", incorporated by reference herein and made a part hereof for all purposes.
ORDINANCE NO. lSOl-~
Page 2
"Section 4. Subsequent to receipt of the recommendation of the City of La Porte
Planning and Zoning Commission, the City Council of the City of La Porte called a public
hearing on the proposed classification changes and the recommendation of the Planning and
Zoning Commission on the 26th day of April, 2004, at 6:00 p.m., and pursuant to due notice, to
consider the recommendation of the Planning and Zoning Commission regarding the possible
reclassification of the zoning classification of the hereinafter described parcels of land. There is
attached to this Ordinance as Exhibit "0", incorporated by reference herein and made a part
hereof for all purposes, a copy of the notice of public hearing.
"Section 5. The publisher's affidavit of publication of notice of said hearing is attached
hereto as Exhibit "E", and incorporated by reference herein and made a part hereof for all
purposes.
"Section 6.
By an affirmative vote of at least three-fourths of the City Council of the
City of La Porte hereby rejects the recommendation of the City of La Porte Planning and Zoning
Commission, and approves a Special Conditional Use Permit. The conditions of the said Special
Conditional Use Permit are as set forth in the incorporated terms of the Special Conditional Use
Permit, a true copy of which is attached hereto as Exhibit "F". The description of said parcels of
land classified pursuant to said Special Conditional Use Permit are as follows, to-wit:
TRS. 8, 8A, 5F-1, 49A and 9B, 28.43 acres along McCabe Road and easterly right-of-way
line of State Highway 146, W. P. Harris Survey, Abstract 30, La Porte, Harris County, Texas.
"Section 7. The City Council of the City of La Porte hereby finds, determines, and
declares that all prerequisites of law have been satisfied and hereby determines and declares
that the amendments to the City of La Porte Zoning Map and Classification contained in this
Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives
stated in the City of La Porte's Comprehensive Plan.
ORDINANCE NO. 1501-(((
Page 3
"Section 8. The City Council official 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
Govemment 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 9. This Ordinance shall be in effect from and after its passage and approval.
Passed and approved this the
day of April, 2004.
CITY OF LA PORTE
By:
NORMAN MALONE, Mayor
ATTEST:
By:
MARTHA GILLETT, City Secretary
Of O/r7t1 flCG U);f5
f/ (}I !l-lfrbV t ti i./ Ilb I iJ r
THE STATE OF TEXAS )
COUNTY OF HARRIS )
CITY OF LA PORTE )
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City of La
Porte and the provisions of the Texas Local Government Code, notice is hereby given that the La
Porte Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 24th day
of March, 2004, in the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte,
Texas. The purpose of this hearing is to consider Special Conditional Use Permit #SCD04-003,
requested for property located south of McCabe Road and the easterly right-of-way line of State
Highway 146; being TRS 8, 8A, SF-I, 49A, & 9B of the W. P. Harris Survey, Abstract 30, La
Porte, Harris County, Texas. The applicant, Robert Burchfield, of Burchfield Development, L.P.,
seeks to develop a multi-family residential on approx. 28.43 acres in the Planned Unit Development
(PUD) zoning district. In accordance with Section 106-216 of the Code of Ordinances, a Special
Conditional Use Permit is required for development in the PUD zoning district.
A regular meeting of the Planning and Zoning Commission will follow the public hearing. The
Commission will act upon the public hearing items and conduct other matters.
Citizens wishing to address the Commission pro or con during the public hearing are required to
sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett
City Secretary
This facility has disability accommodations available. Requests for accommodations or interpretive services at
meetings should be made 48 hours prior to the meeting. Please contact the City Secretary's office at (281) 471-
5020 or TDD Line (281) 471-5030for further information.
{~XH'Brr A
THE STATE OF TEXAS
,~:;' ,:
COUN~.flRIS"-" -
1.--,,,,,,,,,'.
.- --"11
C!,l)'pF~LA \9~T~~~ !I
'I/w' ,~
NOTICE OF PUBLIC ('
HEARING.;'" ' i~
.. .
if .".
"~ ;.;
. ;~
In accordance with the '~
provisions of Section 1 06- j~
171 of the Code of Ordi. i~
nances of the City of La U
Porte and the provisions of l~
T I,.
the exas Local Govern- i,
ment Code, noti.ceisiere.!~
by given that the La rte l~
Planning and Zoning, m- l~
mission will conduct a'pub-I,
lie hearing at 6:00 P"~ on !t
the 24th day of M,arch,)~
200y~ the Council ;Ii
ChaTnQlilf~. of ity HaH, 604. i~
West Fai. t Parkway i~
La Po~, as. Th~f.l ~~
pose 6f thl hearin '. .-
consider... Po c~., I Cona;.
tlonal s, Permi
#SCU04. 03 . queste
for property ed sout
of McCabe Road and the
easterly right-at-way line of
State Highway 146; being
TRS 8, 8A. 5F-1, 4!iA, &
96 of the W. P. Harris Sur-
vey, Abstract 30, La. Rtl.2.r rte,
Harris County, Texas.~qhe
applicant, Robert Strch.
field, at BurChfield Divel.
opment, L.P., seeks to de-
velop a multi.family resi-
dential on approx. 28.43
acres in the Planned Unit '
Development (PUD) zon.
ing district. In accordance
with SectiO(l ..106-21~~'Of
the Code of9ri:linanc~
Special Conditional' else
Permit is required for de.
~elopment in the PUD_zQ,n; j
Ing district..-. --
~~."""""'i
s!
A regular m~,etin.. 9..' o. tt the ~
Planning and Zoning pom- ~
mission will foHow the' pub. ~
lic hearing. The Commis- ~
sian will act upon the pub- ~..
lie hearing items and con-
duct other matters. ~
i
~
S
1
~
~
l
,
I
~
~
This facility has disability ~.
accommodations availa-"
ble. Requests for accom. ~
modations or inte~pretive I'
.'
services at meetings'
should be made 48 hours 1
prior to the meeting. ~.
Please contact the City S
Secretarv's office at (281) "
Citizens wishing to ad.
dress the Commission pro
or con during the public
hearing are required to
sign in before the. meeting
is convened.
CITY OF LA PORTE
Martha Gillett
City Secretary
~trcct
; 77571
If-
~ Ba~slDre
'Serrillg The BayslLOre Area Since 1947'
er3igned authority, on this date
d ! ~arolyn Kellogg, 8 duly authorized
1E: Bayshore Sun, a semi-\Neekly
2d and generally distributed in the
:m s County, Texas 8nd who
orr:, swears the attached notice was
:ly:hore Sun dated 3 /0 ~ /0 ~
rolyn Kellogg
uthorizccl Represeht8tive
bee before me this / J- -(If day of (~
~~~ ~O~
Sandra E. Bumgarner
Notary Public
Harris County, Texas
281-471-123-1
'ax: 281-471-5763
;Sun
,2004-
')
?:XHIBIT 13
-II
City of La Porte
Established 1892
March 30,2004
Honorable Mayor Norman Malone and City Council
City of La Porte
Re: Special Conditional Use Permit #SCU04-003
Dear Mayor Malone:
The La Porte Planning and Zoning Commission, during a regular meeting on
March 29, 2004, held a public hearing to consider Special Conditional Use Permit
#SCU 04-003. The applicant, Mr. Robert Burchfield, seeks approval to allow a
multi-family development on approximately 28.43 acres of land located in the
1200 Block of McCabe Road. The property is zoned Planned Unit Development
(PUD).
After careful consideration, the Planning and Zoning Commission, by a 4-1 vote;
(4 in favor, 1 opposed, and the Chair abstained) recommended that City Council
consider disapproval of Special Conditional Use Permit #SCU04-003.
Respectfully submitted,
i~a:: uJduJ
Chairperson, Planning and Zoning Commission
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
THE STATE OF TEXAS )
COUNTY OF HARRIS )
CITY OF LAPORTE )
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City of La
Porte and the provisions of the Texas Local Government Code, notice is hereby given that the La
Porte City Council will conduct a public hearing at 6:00 P.M. on the 26th day of April, 2004, in the
Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose ofthis
hearing is to consider Special Conditional Use Permit #SCU04-003, requested for property located
in the 1200 block of McCabe Road and the easterly right-of-way line of State Highway 146; being
TRS 8, 8A, SF-I, 49A, & 9B of the W. P. Harris Survey, Abstract 30, La Porte, Harris County,
Texas. The applicant, Robert Burchfield, of Burchfield Development, L.P., seeks to develop a
multi-family residential on approx. 28.43 acres in the Planned Unit Development (PUD) zoning
district. In accordance with Section 106-216 of the Code of Ordinances, a Special Conditional Use
Permit is required for development in the PUD zoning district.
A regular meeting ofthe City Council will follow the public hearing. The Council will act upon the
public hearing items and conduct other matters.
Citizens wishing to address the Council pro or con during the public hearing are required to sign in
before the meeting is convened.
CITY OF LAPORTE
Martha Gillett
City Secretary
This facility has disability accommodations available. Requests for accommodations or interpretive services at
meetings should be made 48 hours prior to the meeting. Please contact the City Secretary's office at (281) 471-
5020 or TDD Line (281) 471-5030for further information.
~H~err 1)
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
18th 5- treet
fexas 77571
NOTICE OF PUBLIC
HEARING
~'.
Ba~S~Dre
In accordance with the
provlsi s of Section 106- e
111 of he Code of Ordi- '
naof the City of La
P o..rt.e~ d te prOV.iSiO ns of
the T a Local Govem-
ment 0 , notice is here-
by given hat traiPorte
CitY Co ' ill co uct a
public ~f'. nr at 6: P.M.
on the . ~ay of ' April,
2004, in the . Council
Chambers of City Hall, 604
West Fairmont Parkway, ::
La Porte, Texas, The pur- "
pose of this hearing is to b
consider Special Condi-
eil will act upon the public
hearing items and conduct , "
other matters, :) under::;igned authOrity, on this date
)eared ! :arolyn Kellogg, a duly authorized
Citizens wishing to ad- of The Bayshore Sun, a semi-weekly
dress the Council pro or bl' h d d . II d' t 'b t d' th
con during the publiC hear- IS e an genera Y IS rI U e In 8
ing are required, to ~ign in:e Harr s County Texas and 'Nho
before the meeting IS con- I . , ,
vened, Iy swon" swears the attached notice was
he Bay:hore Sun dated 04-10'7 / 0 1
CITY OF LA PORTE
Martha Gillett
City Secretary
This facility has disability
accommodations availa-
ble. Requests for accom-
modations or interpretive
services at meetings
should be. made 48 hours
prior to the meeting,
Please contact the City
Secretary's office at (281)
471-5020 or TDD Line
(281) 471-5030 for further
information, b 'b
scn ec
'Serving The Bayshore Area Since 1947'
arolyn Kellogg
Authorized Representative
before me this / 3 f!/ day of ~
.~~1. ~(f~
Scmdra E, Bumgarner
Notary Public
Harris County, TexCls
281-471-123-1
. 'ax: 281-471-5763
,~
I~Un
, 2004-
')
~'B1T ~
"Draft"
City of La Porte
Special Conditional Use Permit # SCU 04-003
This permit is issued to:
Robert Burchfield
Owner or Agent
2123 W. Governor's Circle #400 Houston. TX 77092
Address
For Development of:
Preserve at TaYlor Bayou (Multi-family development)
Development Name
1200 Block of McCabe Rd. em SH 146. La Porte. TX
Address
Legal Description:
28.43 acre tract out of 107 acre tract of land. W.P. Harris Survey
Abstract-30. La Porte. Harris County. Texas
Zoning:
Planned Unit Development (PUD)
Use:
Multi-family development
Permit Conditions:
1. The overall density of the project shall not exceed 14 dwelling units per acre.
2. The applicant must adhere to the terms and regulations provided for multi-family development
except for the following: units per acre, 180-unit limit, and 1000' spacing requirement.
3. The applicant/developer shall be responsible for the maintenance of the 77 .52 Conservation
Easement.
4. The public shall have access to the Conservation Area using trails that are constructed and
maintained by the applicant/developer.
5. Provide an irrigation system to ensure that all landscaping and screening is properly maintained by
the owner/developer.
6. If approved the design of the detention will be reviewed by staff to ensure consistency with
ordinances and the Taylor Bayou Watershed Plan
7. The developer shall contribute to traffic calming devices/tools (Le. right turn lane) to ensure that
traffic congestion does occur as a result of his project.
8. The applicant must secure a maintenance bond, according to the City's multi-family provisions, or
seek an approved alternate.
9. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte
and the State of Texas.
Failure to begin construction within 12 months after issuance or as scheduled under the terms of a special
conditional use permit shall void the permit as approved, except upon an extension of time granted after
application to the Planning and Zoning Commission.
If construction is terminated after completion of any stage and there is ample evidence that further development
is not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the
City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission ofthe
City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is
undeveloped.
Validation Date:
Director of Planning
City Secretary
~IBIT F
Staff Report
Preserve at Taylor Bayou
General Plan &
Special Conditional Use Permit #SCU 04-003
March 24, 2004
Reouest:
Reouested Bv:
Reouested For:
Present Zonine:
Reouested Use:
Back2round:
Approval of General Plan and Special Conditional Use Permit (SCUP) for 107:t acre
tract.
Mr. Robert Burchfield, Burchfield Development, L.P.
A 107-acre tract out of the W. P. Harris Survey, A-30, La Porte, Harris County,
Texas. This property is further described as being located in the 1200 Block of
McCabe Road.
Planned Unit Development (PUD) (28.43 Ac), Neighborhood Commercial (1.35 Ac)
and Single Family Residential (77.41 Ac)
Multi-Family Residential in PUD
Neighborhood Commercial and Nature Preserve
Note: Although the application is not clear and specific, the above information was
compiled based on the General Plan that was submitted.
The General Plan proposed the following:
Block 1 (PUD) 28.43 Ac
Phase I 198 units
Phase II 220 units
T ota! 418 units
Density 14.7 units! Ac
This property is located at the southeast corner of SH 146 and McCabe Road. It is
bounded on the east by Shady River Subdivision and on the south by Shoreacres.
Several years ago, the Commission and Council approved a General Plan and
Special Conditional Use Permit (SCUP) for this location. The previous SCUP only
provided for development of 16 acres and 100 unit Apartment Complex. In 2001, a
one year extension was granted; however, no construction occurred and the permit
expired in November 2002.
The applicant's current General Plan is dated 3/17/04 and the application for SCUP
was received on 3/01/04. Mr. Burchfield has made several presentations to the
Planning and Zoning Commission and City Council regarding his proposed
development. Those presentations have centered on 40o:t apartment units and a 77:l.
Ac nature preserve. The proposed development included a 4-acre detention
pond/water feature surrounded by jogging trails, and play areas.
Based on these earlier presentations the staff sent two letters to Mr. Burchfield
(attached).
PreseIVe at Taylor Bayou
March 24, 2004
Page 2 of5
In General:
Analvsis:
Development in a PUD zoning district requires that a General Plan (for the entire
proposed project) and a Special Conditional Use Permit (SCUP) be submitted and
processed simultaneously. Upon approval of the General Plan and SCUP the
applicant would be authorized to submit a Major Development Site Plan and/or a
preliminary plat. The Site Plan and/or plat will be reviewed and acted upon by the
Commission. Approval of the Major Development Site Plan and/or plat would
allow the applicant to submit building plans for review and then begin construction
of the project.
Section 106-659 of the Code of Ordinances establishes the following criteria
for review of development projects within a PUD zoning district:
. Uses - Review of the City's Land Use Plan indicates this 107-acre area was
envisioned as developing as low density residential with a small comer for
commercial uses. However, this proposed apartment development is not
considered to be low-density residential. The comer commercial (1.35 Ac) is
consistent with the City's Land Use Plan.
. Streets - The proposed development is located at the comer of SH 146 and
McCabe Road The developer is proposing two points of entrance/exit off
McCabe Road. In addition, TxDOT has a plan for the right turn lanes, which
would also lessen the potential for congestion along McCabe and SH 146. These
measures will also be beneficial as traffic congestion could be compounded with
the addition of other low and high-density residential developments just north of
this project.
Traffic Analysis: The applicant has submitted a traffic analysis study report.
The report takes into account full development of 418 apartments for a build-
out in 2007. Phase I is 198 apartments (2005); Phase II is 220 apartments
(2007). It also includes the Commercial Strip Center and Nature Preserve as
an estimate with no other detail of their nature.
The sampling was 11 hours (0700-1800 hours) on January 22, 2004, and
accounts for McCabe Rd. from the East and West, and Northbound SH 146
Mainlane. This sample is relatively light since it appears to have been
conducted only once. Most surveys take multiple days (at least two).
The study mentions the future TxDOT Highway 146 improvements, but
concludes no impact on the study or development.
The study gives a cursory mention of other developments but generalizes a
5% annual growth and takes that factor into the estimates for the survey. That
rate is average for the HGAC region although local estimates can be much
higher. The growth, according to the study, will not have a significant impact
on the development or the traffic flow in relation to level-of-service ratings
because of the limited access between McCabe Road and SH 146 now and in
the future.
With Level-Of-Service (LOS) A being the best, LOS D being acceptable and
LOS F being severely congested service, the study cites that the development,
Preserve at Taylor Bayou
March 24, 2004
Page 3 of5
given the parameters stated above, will rate no worse than LOS Band
concludes no adverse impact for this development.
. Topography - This area is relatively flat and stable and should not be an
obstacle to this type of development.
. Density - Staff utilized the Land Use Plan as a guide. With the designated land
use as Low Density Residential and applying a development ratio of 4.8 units
per acre (Section 106-333) to 107 acres, Mr. Burchfield feels the property could
yield approximately 514 single-family units. This current plan designates only
28 acres to be developed as multi-family residential. Applying a density of 14
units per acre, this yields 398 units. So, an additional 2 units as a density bonus
would need to be allowed for this project.
. Utilities - There are sufficient water distribution facilities along McCabe Road
to supply potable water and fire protection to this proposed project. Provisions
will have to be made to ensure that sufficient utility extensions can be made to
serve this development. Sanitary sewer service is not readily available to this
site. There is a sewer force main located along the south line of this property that
transports sewer to the Gulf Coast Waste Disposal Authority plant.
The City prepared a long-term sanitary sewer master plan for providing sewer
service to unserved areas of southeast La Porte. The master plan calls for the
elimination of a lift station #12 and new lift station to be constructed near the
comer of intersection of AI04 and McCabe Road. This master plan has been
provided to Mr. Burchfield's consultant (and to Arete's consultant).
Per the SCUP and Development Agreement and/or future approvals of the plats
and construction drawings will need to be in accordance with this plan or agreed
modifications.
. Drainage - This property lies within the Taylor Bayou Watershed. The City has
a master drainage plan for the Taylor Bayou Watershed that was performed by
the Civil Tech Last year. The plan calls for regional detention for this area.
Efforts should be made to work with the developer north of McCabe Road
towards the implementation of this master drainage plan. However, there are not
sufficient channel improvements to directly receive storm water runoff from this
project. The plan shows that storm water will be managed using a 4-acre
detention basin system. If approved the design of the detention will be reviewed
by staff to insure consistency with ordinances and the Taylor Bayou Watershed
Plan.
. Nature Preserve - The applicant is willing to dedicate approximately 77.5 ac
nature preserve to the City. While the issues are being worked towards
resolution, several questions remain. In order to determine whether a concept
of dedicating "The Preserve" to the City of La Porte is in line with the Parks
Master Plan 2002 or even desirable. the con cent needs to be nresented in more
Preserve at Taylor Bayou
March 24, 2004
Page 4 of 5
details, including the exact layout, trail materials used, other structures being
built (e.g. decks, benches etc., if any) and estimated yearly maintenance costs
to see if the acquisition is in line with the City's projected budget. The City
would also require a detailed, formal dedication instrument to review before
considering final acceptance of the concept.
The City only recently received some of this material and is beginning its review
of the guidelines for acceptance. There appears, at this point, to be no funding
for development or maintenance.
New Multi-Family Regulations - Recently the Commission and City Council
adopted new multi-family development regulations. The regulations established
new requirements for open space/recreation amenities, maintenance, spacing
requirements between multi-family developments, a 180 unit maximum, 14 units
per acre density, and ingress/egress. When developed in PUD zoning district, the
Commission may follow the regulations of the district or allow for some
flexibility and creativity. Therefore, strict adherence to the aforementioned
requirements is not required.
However, staff generally uses the applicable zoning district guidelines as the
basis for reviewing development requests.
In this case the project would not meet
· The density standard of 14 units/ Ac
· The total number of units, 180 units maximum.
· The spacing from another multi-family development (across McCabe
Road, SCUP #03-002 density yet to be determined)
Recommendation: Staff finds it difficult to recommend this SCUP #04-003 without reservations.
· The apartment (multi-family) standards would not be met. This is a significant
policy departure decision for Planning and Zoning Commission and City
Council.
· Although the General Plan may be administratively complete there are several
items from the previous letters that have not been addressed by the applicant.
· There are a number of issues relating to the conservation area that staff is just
now learning and is not fully comfortable with at this time.
· If the Commission is inclined to approve the SCUP request we suggest a very
thorough SCUP with conditions. A draft SCUP is attached as a beginning
point. The following conditions are included.
1. The nature preserve "conservation easement" ownership and responsibility
for its maintenance must be established.
2. The overall density of the project shall not exceed 14 dwelling units per
acre.
3. The public shall have access to the Conservation Area using trails that are
constructed and maintained by the applicant/developer.
Preserve at Taylor Bayou
March 24, 2004
Page 5 of5
4. Provide an irrigation system to ensure that all landscaping and screening is
properly maintained by the owner/developer.
5. The owner/applicant must construct a lift station and dedicate an easement
to the City at Taylor Bayou and McCabe for the City's future regional lift
station.
6. The developer shall contribute to traffic calming devices/tools (i.e. right
turn lane) to ensure that traffic congestion does not occur as a result of his
project.
7. The applicant must secure a maintenance bond, according to the City's
multi-family provisions, or seek an approved alternate.
Options available to the Commission are:
. Recommend to Council approval of this SCUP and the Draft SCUP #04-003.
. Recommend to Council approval of this SCUP with additional conditions.
. Recommend to Council denial of this SCUP.
. Continue the public hearing at the Commission's next regular meeting to allow
further study ofthis item. This results in tabling any action on this item.
~
= PROPOSED DEVELOPMENT
.~H1BIT '_
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Page 1 of]
Finan, Nick
From: Tim Smith [tim_h_smith@yahoo.com]
Sent: Monday, April 26, 2004 12:47 PM
To: finann@ci.la-porte.tx.us
Subject: City Council Meeting for 4-46-04
Mr. Finann,
G. Barron Rush, Jr. requests that the Fair Mist Apartments item on the City Council Meeting for April
26, 2004 be removed from the agenda. The developer is withdrawing his request for rezoning of the 18
acres on Canada Road and intends to resubmit a new development plan to planning and zoning. If you
need other information or written requests from us, let me know. Thank you for you time.
Sincerely,
Tim Smith
Development Coordinator
Barron Builder's and Management
Tim Smith
Tax Credit Consultant
281.363.8705
281.367.8414 (fax)
/
4/26/2004
REQUEST FOR CITY COUNCIL AGENDA ITEM
Requested By: Nick Finan
Agenda Date Requested: April 26. 2004
Appropriation
Source of Funds:
N/A
N/A
Department: Plannin2
Account Number:
Report:
Resolution:
Ordinance: ..A.-
Amount Budgeted:
N/A
Exhibits:
Ordinance
Staff Report to P & Z
Memo to P&Z
Area Map
Zoning Map
Site Plan
Amount Requested:
N/A
SUMMARY & RECOMMENDATION
The owner, Transport Realty Inc., requested a zone change of the subject tracts from Medium Density
Residential (R-2) to High Density Residential (R-3) for proposed multi-family development. The property in
question comprises approximately 18.34 acres of land located along Canada Road. The said property is just
south of an existing, non-conforming warehouse building at 3337 Canada Road. Currently, the property is
zoned Medium-Density Residential (R-2), where single-family, duplexes, and townhouses are permitted uses.
Multi-family or more than four dwelling units, however, are prohibited as per new multi-family regulations.
Fair Mist Apartments, Ltd. made an application for the Housing Tax Credits with the Texas Department of
Housing and Community Affairs for the proposed Fair Mist Apartments on Canada Road. The new
development will be built in two phases. First phase comprises 100 units of2-story multi-family apartments on
9 acres, whereas, senior housing is proposed as future development on the remainder of the tracts.
The applicant's zone change request #R04-002 was presented to the Planning and Zoning Commission on
March 29,2004. The Commission held a public hearing to receive citizen's comments on the matter. By a
unanimous vote (6-0), the Commission forwarded recommendation to City Council to disapprove zone change
request #R04-002. The detailed analysis and memo to P&Z outlining concerns are attached.
City Council may affirm the Commission's recommendation to disapprove the zone change request. This
would be voting against the proposed ordinance and requires only a simple majority. City Council may
overrule the Commission's recommendation and approve the zone change request. This would be voting in
favor of the proposed ordinance and requires a minimum of seven affirmative votes (3/4 rule).
Action ReQuired bv Council:
1. Conduct public hearing.
2. Consider taking action on recommendation for denial by P&Z for 18.34 acres ofland located in the 3300
block of Canada Road. The applicant, Transport Realty Inc., seeks to rezone the property from R-2 to R-3
for multi-family development.
Aooroved for City Council A2enda
4~;w -D+
Date
otO/()(j (l t! IJi 0 ;J DT
ORDINANCE NO. 1501-_ (Jit 55 'i/1o/tJY
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 MEDIUM
DENSITY RESIDENTIAL TO HIGH DENSITY RESIDENTIAL REQUESTED BY TRANSPORT
REALTY, INC., THE OWNER OF THIS EIGHTEEN ACRE TRACT LOCATED IN THE 3000
BLOCK OF CANADA ROAD HEREIN DESCRIBED; MAKING CERTAIN FINDINGS OF FACT
RELATED 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 of the City of La Porte hereby finds, determines
and declares that heretofore, to-wit, on the 29th day of March 2004, at 6:00 p.m. a Public
Hearing was held before the Planning and Zoning Commission of the City of La Porte,
Texas, pursuant to due notice as required by the Open Meetings Law, Chapter 551,
Texas Government Code, to consider the question and the possible reclassification of
the zoning classification of the hereinafter described parcels of land. There is attached
to this Ordinance as Exhibit "A", and incorporated by reference herein and made a part
hereof for all purposes, a copy of Notice of Public Hearing which the City Council of the
City of La Porte hereby finds was properly mailed to all owners of all properties located
within two hundred feet (200') of the properties under consideration.
"Section 2. The publisher's affidavit of publication of notice of said hearing is
attached hereto as Exhibit "B", incorporated by reference herein and made a part hereof
for all purposes.
"Section 3. Immediately following such public hearing on March 29,2004, the
Planning and Zoning Commission of the City of La Porte met in regular session to
consider changes in classification, which were the subject of such public hearing. The
City Council of the City of La Porte is in receipt of the written recommendations of the
City of La Porte Planning and Zoning Commission, by letter dated March 30, 2004, a
true copy of which letter is attached hereto as Exhibit "e", incorporated by reference
herein and made a part hereof for all purposes.
ORDINANCE NO. 1501-
Page 2
"Section 4. Subsequent to receipt of the recommendation of the City of La
Porte Planning and Zoning Commission, the City Council of the City of La Porte called a
public hearing on the proposed classification changes and the recommendation of the
Planning and Zoning Commission on the 26th day of April, 2004, at 6:00 p.m., and
pursuant to due notice, to consider the recommendation of the Planning and Zoning
Commission regarding the possible reclassification of the zoning classification of the
hereinafter described parcels of land. There is attached to this Ordinance as Exhibit "0",
incorporated by reference herein and made a part hereof for all purposes, a copy of the
notice of public hearing.
"Section 5. The publisher's affidavit of publication of notice of said hearing is
attached hereto as Exhibit "E", and incorporated by reference herein and made a part
hereof for all purposes.
"Section 6. By an affirmative vote of at least three-fourths of the City Council
of the City of La Porte hereby rejects the recommendation of the City of La Porte
Planning and Zoning Commission, and the zoning classification of the hereinafter
described parcels of land, situated within the corporate limits of the City of La Porte, is
hereby reclassified from Medium Density Residential (R-2) to High Density Residential
(R-3). The description of said parcels of land is as follows, to-wit:
"TRS 692C, 693B, 706, and 707 (18.3473 ac), W. M. Jones Survey, A-482 , La Porte,
Harris County, Texas".
"Section 7. The City Council of the City of La Porte hereby finds, determines,
and declares that all prerequisites of law have been satisfied and hereby determines and
declares that the amendments to the City of La Porte Zoning Map and Classification
contained in this Ordinance as amendments thereto are desirable and in furtherance of
the goals and objectives stated in the City of La Porte's Comprehensive Plan.
ORDINANCE NO. 15U1-
Page 3
"Section 8. 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 9. This Ordinance shall be in effect from and after its passage and
approval.
Passed and approved this the
day of April, 2004.
CITY OF LA PORTE
By:
NORMAN MALONE, Mayor
ATTEST:
By:
MARTHA GILL
OR-o;'Yltl nLf (JI'!)
II 01 fJl{ 55 L/jl It Itf
THE STATE OF TEXAS )
COUNTY OF HARRIS )
CITY OF LA PORTE )
NOTICE OF PUBLIC HEARING
In accordance with the provisions in Section 106-171 of the City of La Porte's Code of
Ordinances, notice is hereby given that the La Porte Planning and Zoning Commission
will conduct a public hearing at 6:00 P.M. on the 24th day of March, 2004, in the
Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The
purpose of this hearing is to consider Rezone Request #R04-002, for the property located
along Canada Road. The property is further described as TRS 692C, 693B, 706, and 707
containing 18.3473 acres ofland out of La Porte Outlots, W. B. Lawrence Subdivision,
Volume 83, Page 344 of the H.C.D.R., William Jones Survey, Abstract No. 482, La
Porte, Harris County, Texas. The applicant, Transport Realty, Inc., seeks to have the
property in question rezoned from Mid Density Residential (R-2) to High Density
Residential (R-3). The purpose of the zone change request is to allow multi-family
development (two-story apartments) at site.
A regular meeting of the Planning and Zoning Commission will follow the public hearing
for the purpose of acting upon the public hearing items and to conduct other matters
pertaining to the Commission.
Citizens wishing to address the Commission pro or con during the public hearing will be
required to sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett
City Secretary
This facility has disability accommodations available. Requests for accommodations or interpretive services at
meetings should be made 48 hours prior to the meeting. Please contact City Secretary's office at (281) 471-
5020 or TDD Line (281) 471-5030for further information.
EXHIBIT A.
in
2-
in
01 THE STATE OF TEXAS
Fi
Pi. COUNTY OF HARRIS
p\
c~ CITY OF LA PORTE
#1
101
RI NOTICE OF PUBLIC
th HEARING
6S
co
of In accordance with the
0, provisions in Section 106-
Sl 171 of the City of La
P~ Porte's Code of Ordinan-
W ces, notice is hereby given
stl that the La Porte Planning
HI and Zoning Commission
a, will conduct a public hear-
~~a~~i~\
change reQU:tA~l)ll'oWi
multi-family . development I
(t,wo-story .. apartments). atl
site,
~I\J
A regular meetingtlif1he
Planning and Zonin9'~-
mission will follow th~'p"b-;
lie hEwing for the piJrpose.
of acting upon the public
hearing · items and to con-
duct other matters pertain-
ing to the Commission.
, i
Citizens wishing to.. 'ad-
dressth.e Commission' pro
or con during the PW;llic
hearing will be required' to
sign in before the me~fing
is convened. "
CITY OF LA PORTE
Martha Gillett
City Secretary
This facility has disability
accommodations availa-
ble. Requests for accom-
modations or interpretive
services at meetings
should be made 48 hdurs
prior to the meetiJ'lg.
Please contact City Seere-
tary's office at (281) '471-
5020 or TOO Line (281)
471-5030 for further infor-
mation.
, treet
17571
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'Serving The Bayshore Area Since 1947'
I
!
i
inigned authority, on this date
II :arolyn Kellogg, a duly authorized
;:; Bayshore Sun, a semi-weekly
d and generally distributed in the
I
(r s County, Texas and 'Nho
"( '. swears the attached notice was
hore Sun dated 0'3 /0'/ / D 1-
Karolyn Kellogg /
Authorized Representative
~c before me this I J- "It-! day of ~e
,t~~, ;i<-Y0~~
Sandra E. Bumgarner
Notary Public
Harris County, Texas
281-471-123-1
'ax: 281-471-5763
i~
\;:J un
. 2004-
'~'Brr fl
-if I
City of La Porte
Established 1892
March 30,2004
Honorable Mayor Norman Malone and City Council
City of La Porte
Re: Rezone Request #R04-002
Dear Mayor Malone:
The La Porte Planning and Zoning Commission, during its March 29, 2004,
meeting, held a public hearing to consider Rezone Request #R04-002. The
applicant, Transport Realty Inc., seeks to rezone 18.3473 acres of land located in
the 3000 Block of Canada Road, further described as TRS 692C, 693B, 706, and
707, La Porte Outlots, Abstract No. 482, William Jones Survey, La Porte, Harris
County, Texas. The owner seeks to have the property rezoned from Mid-Density
Residential (R-2) to High-Density Residential (R-3). The purpose of rezoning is to
allow multi-family development at this site.
The Planning and Zoning Commission, by unanimous vote (6-0), has
recommended denial of Rezone Request #R04-002.
Respectfully submitted,
~~~
Chairperson, Planning and Zoning Commission
604 w. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
THE STATE OF TEXAS )
COUNTY OF HARRIS )
CITY OF LA PORTE )
NOTICE OF PUBLIC HEARING
In accordance with the provisions in Section 106-171 of the City of La Porte's Code
of Ordinances, notice is hereby given that the La Porte City Council will conduct a public
hearing at 6:00 P.M. on the 26th day of April, 2004, in the Council Chambers of the City
Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to
consider Rezone Request #R04-002, for the property located in the 3000 block of Canada
Road. The property is further described as TRS 692C, 693B, 706, and 707 containing
18.3473 acres ofland out of La Porte Outlots, W. B. Lawrence Subdivision, Volume 83,
Page 344 of the H.C.n.R., William Jones Survey, Abstract No. 482, La Porte, Harris
County, Texas. The applicant, Transport Realty, Inc., seeks to have the property in
question rezoned from Mid Density Residential (R-2) to High Density Residential (R-3).
The purpose of the zone change request is to allow multi-family development at site.
A regular meeting of the City Council will follow the public hearing for the purpose of
acting upon the public hearing items and to conduct other matters pertaining to the
Council.
Citizens wishing to address the Council pro or con during the public hearing will be
required to sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett
City Secretary
This facility has disability accommodations available. Requests for accommodations or interpretive services at
meetings should be made 48 hours prior to the meeting. Please contact City Secretary's office at (281) 471-
5020 or TDD Line (281) 471-5030 for further infonnation.
{fXHIBll 1J
In accordance with the e
provisions In Section 106- .
171 of the City of La
Porte's Code of Ordinan- ·
ces, notice is hereby given
that the La Porte City
Council will conduct a pub-
lic hearing at 6:00 P.M. on
the 26th day of April,
2004, In the. Council
Chambers of the City Hall,
604 West Fairmont Park- te
way, La Porte, Texas. The
purpose of this hearing Is I j.s
to consi er Rezone Re-
que # 04-. 02, for the
prop 10 ted in the
3000 b k of Canada
Road. e roperty is fur- ! under::;igned authority, on this date
ther de ri ed~TRS d I' I K II .
692C,69 7 ,a 707 eare ,\arolyn e ogg. a duly authorized
containing . 73. res of ThE: Bayshore Sun, a semi-I,veekly
of land 0' 0 La orte . .,..
Outlots, W. . Lawr nce J/lshed and genorally dlstnbuted In the
Subdivision, Volume 83, e, Harr s County. Texas and who
Page 344 of the H.C.D.R.,
William Jones Survey,Ab- y swon '. swears the attached notice was
stract No. 482, La Porte, 8 h S 4- L I L
Harris County, Texas. The 1e ay:. ore un dated 0 0 I () "
applicant, Transport Real-
ty, Inc.,'s",eksto have the
property in question rez-
oned from Mid Density
Residential (R-2) to High
Density Resldenti,al (R-3).
The purpose of the zone
change request is to allow
multi-family development
at site.
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
18th E- treet
Texas 77571
NOTICE OF PUBLIC
HEARING
A regular meeting of the
City Council will follow the
public hearing for the pur-
pose of acting upon the
public hearing items and to .
conduct other matters per- lscrlbec
taining to the Council.
Citizens wishing to ad-
dress the Council pro or
con during the public hear-
ing will be required to sign
in before the meeting is
convened.
CITY OF LA PORTE
Martha Gillett
City Secretary
This facility has disability
accommodations availa-
ble. Requests for accom-
modations or interpretive
services at meetings
281-471-123-l
'ax: 281-471-5763
~.
Ba~slDre
n
\~un
'Sen-ing The Bayshore Area Since 1947'
arolyn Kellogg
Authorizod Representative
before me this J;L -{H day of ~
.,l~~/?,A~3~
Sandra E. Bumgarner
Notary Public
Harris County, Texas
,2004-
r.........................;:..o"'........................................................-::.:.--..r...................../'...................'"1
~ ,,~"'v Pv~< SANDRA E. BUMGARNER ~
8 ii~ NOTARY PUBLIC, STATE OF TEXAS ~
* "'",;~~ MY COMMISSION EXPIRES ~
~ '1"'~OF'~+ APRIL 30, 2006 ~
&--....................................................................r.......................J:,~.....................r.....ii
IiXHlBIT E
StatTReport
March 24, 2004
Zone Change Request #R 04-002
Reauested by: Transport Realty, Inc.
Reauested for: TRS 692C, 693B, 706, & 707, W. B. Lawrence Subdivision.
Locations: 3300 Block of Canada Road
Present Zonim!: Medium-Density Residential, R-2 (Max. allowable density 8-10 DUI A)
Reauested Zonim!: High-Density Residential, R-3 (Max. allowable density 14 DUI A)
Baclmround: The subject tracts comprise approximately 18.3473 acres of land out of
William Jones Survey, La Porte, Harris County, Texas. The said property is
just south of an existing 65,800 sq. ft. dock high, tilt-up warehouse located at
3337 Canada Road. That facility has been used for trucking, warehousing,
and crating/assembly site since the mid 1980's or longer prior to annexation
and is a legal pre-existing, non-conformity. The property is adjoined by
vacant tracts to the south consisting of ::!:3 5 acres zoned R-2 and some NC,
bounded by H.C.F.C.D ditch to the east, Fairmont Parkway on the south and
proposed Canada Road on the west. The property to the west of Canada
Road and south of the H.C.F.C.D. ditch is 33 acres of undeveloped land for
the City of La Porte's proposed park.
The applicant seeks a rezone from Mid-Density Residential (R-2) to High-
Density Residential (R-3) for multi-family developments.
Analvsis:
In considering this request, Staff reviewed the following Comprehensive
Plan elements: Land Use, Thoroughfare System, Parks and Recreation,
Utility Infrastructure, and Residential Development. The specific issues
considered are as follows:
Land Use -- Review of the City's Land Use Plan shows the subject tract
developing as mid-to-high density residential. In addition, some commercial
uses are shown adjacent to Fairmont Parkway.
Currently, the adjacent properties are single-family residential (Pecan
Crossing Subdivision). The surrounding existing uses are primarily single-
family residential with manufactured housing, vacant property and the
City's parkland in the vicinity. The proposed rezone seems to be
compatible to these uses.
Conformance of a zoning request with the land use plan is one consideration
among several criteria to be considered in approving or denying a rezoning
application. Other criteria may include:
D
Zone Change #R 04-002
P & Z (3/24/04)
Page 2 on
. Character of the surrounding and adjacent areas;
. Existing use of nearby properties, and extent to which a land use
classification would be in harmony with such existing uses or the
anticipated use of the properties;
. Suitability of the property for the uses to which would be permissible,
considering density, access and circulation, adequacy of public facilities
and services, and other considerations;
. Extent to which the designated use of the property would harm the value
of adjacent land use classifications;
. Extent to which the proposed use designation would adversely affect the
capacity or safety of that portion of the road network influenced by the
use;
. Extent to which the proposed use designation would permit excessive air
pollution, water pollution, noise pollution, or other environmental harm
on adjacent land use designations; and,
. The gain, if any, to the public health, safety, and welfare due to the
existence of the land use designation.
Transportation - The tracts in question gain access along Canada Road
running north and south between Spencer Highway and Fairmont parkway.
Spencer Highway, a primary arterial with 100' ROW, can accommodate the
additional traffic generated by future residential development. Fairmont
Parkway, a controlled access highway with a 250' RO.W. can also
accommodate additional traffic.
The design of Canada Road is approximately 95% complete. All right-of-
way for the proposed road improvement has been acquired except for one
tract. Presently, the utilities to serve this general area are being designed and
the City has authorized pipeline adjustments and power lines relocation.
The bidding and construction of the road and utilities will not begin until the
above items are complete. In addition, an interlocal agreement with Harris
County is needed and debt is to be issued. It is estimated that it will be at
least 6-8 months to complete these matters.
Parks and Recreation - An accessible park and recreation facilities will be
the City's proposed park on 33 acres of land along Canada Road. It will
provide a diverse blend of parks, recreation and open space areas including
community and neighborhood park, natural open space areas, and linkages
to adequately accommodate the current and future needs of the residents and
visitors. In addition, future development plans should address pedestrian
connectivity to the park. The City's pedestrian plan identifies potential
greenbelt corridors, bicycle and pedestrian trails and routes to provide a safe
and secure connection between parks and neighborhoods.
Zone Change #R 04-002
P & Z (3/24/04)
Page 3 on
Conclusion:
Utilities - Currently, no public water and sanitary sewer are available for
the subject tracts. An existing 8" waterline stops at the adjoining property
located at 3337 Canada Road. While, the nearest sanitary sewer manhole is
at the southwest corner of mobile home park and Canada Road. The
infrastructure was not analyzed in detail to ensure that sufficient capacity
exists. However, utility extensions shall be required to handle the supply of
potable water, sanitary sewer, and fire protection for the proposed
development. Storm water drainage will be reviewed carefully with the
development plan submittal for proposed project.
Based on the above analysis, staff finds the requested change is compatible
with the zoning and uses of nearby properties. The property in question is
suitable for the requested change to R-3. The development within the subject
tracts will not negatively impact the surrounding properties and may not
harm the value of nearby properties. Furthermore, it will not have a
significant impact on the traffic conditions in the area.
It should be noted that staff has recommended to the broker representing
multiple owners that a Planned Unit Development (PUD) be considered in
order to master plan the tracts of land surrounding this site. A PUD would
present a more complete picture of how high density residential and
commercial activities would blend into the total picture and give more
flexibility in relation to the proposed City Park. In addition, a PUD would
also address the connectivity issues with trails leading to the park.
In reviewing this request the Commission should consider the following:
. There was no apparent error in assigning the present zoning
designation to the tracts in question.
. There have been no changes in the area that warrant a change to the
zoning designation.
. The applicant's requested zoning conforms with the present zoning
and nature of the surrounding properties.
. Furthermore, the requested change is compatible with the goals and
objectives of the City's Comprehensive Plan.
Actions available to the Commission are listed below:
. Recommend to Council approval of this rezoning request from R-2
to R-3.
. Recommend to Council denial of this rezoning request from R-2 to
R-3.
. Table this item for further consideration by the Commission.
City of La POlie
Es/uh1islwd 18.92
Memo
To: Members of the Planning and Zoning Com
From: Nicholas Finan, Interim Planning Director
CC: John Joems, Assistant City Manager
Wayne Sabo, City Planner
Masood Malik, Planning Coordinator
Date: March 26, 2004
Re: Canada Road Zone Change Request to Multi-Family
I apologize for the lateness of this, but since the Planning and Zoning Commission meeting of March 24
was canceled, I wanted to update you.
There was a staff meeting to discuss the agenda items. Unfortunately, in my absence, some of the
thoughts on the Canada Road zone change request from R-2 to R-3 for a multi-family development
were not totally incorporated into the analysis.
This is one that has some history:
In the past, the Planning and Zoning Commission has been reluctant to rezone property in this area,
including nonconforming uses. Due to the growth in single-family development in the area and the
Comprehensive Plan, this area over an extended period of time could become a strong single-family
area. The City has recently purchased land directly across the street for a park. The plans are not
finalized, but this park could be a passive park. The City has recently acquired the necessary right-of-
way to make Canada Road a four-lane divided roadway to improve traffic in this area. The broker
representing this property, as well as adjoining property, has been told previously that the 60 or so
acres should be presented as a Planned Unit Development (PUD), but that even then, apartments may
not be suitable.
Concerns:
Based on the Comprehensive Plan, if it is to be changed, an overall plan should be developed for the
area taking into account the pipeline easement, drainage system, existing single-family developments,
the proposed park, the nonconforming industrial enterprise, the widening of Canada Road, and the 40
to 60 acres of undeveloped property. A PUD with a specific land plan would be the better approach
than the incremental parcel-by-parcel change.
There is concem for an apartment (a minimum of 100 units and allowed up to 180 units that could have
an average of two to four residents) could impact a passive park negatively (it has not been determined
if the park will be passive or active, yet).
While Canada Road would handle the traffic after the improvements, the apartments generate two to
two and one-half times the traffic load as a typical single-family development.
If this zone change is approved, but this particular development does not get financing, then any type of
apartments could be constructed. Some staff does not feel this application should be approved.
Again, I apologize for the lateness of this memo.
8
3 4
N.T.S.
9
13
5 6 8
15
17
.
692 693 I:J
0
707 706
712 713
FAIRMONT PARKWAY
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lEGEND
TRS 692C, 6938, 706 & 707
LA PORTE OUTlOTS
R-l LOW DENSITY RESIDENTIAL
R-2 MEDIUM OENSITY RESIDENllAL
MH. MANUFACTURED HOUSING
_ NC NEIGHBORHOOD COMMERCIAL.
PROPERTY OUTLINE
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7i'H!)lf'll!.11
SURROUNDING Sill
DEVELOPMENT
PLAN
N
I
FAIR MIST
APARTMENTS
l Ai~dfl' f _ ! ~->C'Atl
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MINI8TRleR fNC
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REQUEST FOR CITY COUNCIL AGENDA ITEM
:=~:~::21f.
Appropriation
Report:
Resolution:
Ordinance:
x
Source of Funds: General CIP Fund 015
Main Street Assoctn
Account Number: 015-9892-709.11-00
015-9892-700.91-50
037-9898-822.11-00
Amount Budgeted: $50,000.00
$100,000.00
$60,000.00
Amount Requested: $48,636.26
$6,471.36
$4,551.59
Bud2eted Item: IYESI IN01
Exhibit 1:
Ordinance
Exhibit 2:
Bid Tabulations
Exhibit 3:
Bidders List
Exhibit 4:
List of Sidewalk Locations
Exhibit 5:
Map of Locations
Exhibit 6:
Map of HeadStart sidewalk
Exhibit 7:
Copy of proposed contract with Brooks Concrete
SUMMARY & RECOMMENDATION
As part of the FY 2003-2004 Budget for Capital Improvement Projects, City Council approved $50,000.00
for the Sidewalk Replacement Program. The 2004 La Porte City-Wide Sidewalk Improvement Project consists of
the removal of existing sidewalks and replacement being with sidewalks or wheelchair ramps (see list of sidewalk
locations). The HeadStart project consists of placement of storm sewers and sidewalks, and the Main Street project
consists of placement of sidewalk, and driveway construction. These two items are not reconstruction, but were
considered because of the request and necessity of sidewalks available. The HeadStart is for a sidewalk from the
Northside Center to the Library. The Main Street project is for a sidewalk from Main Street to Old City Hall on
South 2nd Street. There are funds available in the Main Street fund to cover the $4,551.59 for the Main Street
project. There are enough funds in the CIP contingency fund for the $6,471.36 for the HeadStart project. Public
Works will also install storm sewers on this project at an expense of $4,500.00.
Survey, design and engineering were performed on this project utilizing City of La Porte personnel. On
April 12, 2004, the City received competitive bids from 3 qualified contractors (see attached Bid Tabulation).
Brooks Concrete, Inc. of Pasadena, Texas submitted the low bid in the amount of $56,818.30. The contract will be
complete within 120 calendar days once the "Notice to Proceed" is issued.
Staff has reviewed the bids submitted and determined the low bid from Brooks Concrete, Inc. is within the
budgeted amount and that Brooks Concrete, Inc. is well qualified to perform the work. Staff recommends that the
City Council authorize the City Manager to execute a contract with Brooks Concrete, Inc. in the amount of
$59,659.21 which includes a 5% contingency.
Action Reauired bv Council:
Consider approving an ordinance authorizing the City Manager to execute a contract with Brooks Concrete, Inc. in
the amount of $59,659.21 which includes a 5% contingency.
Approved for City Council Al!enda
<{/:;:UJ -- D +
Date
EXHIBIT 1
ORDINANCE NO. 2004- J'l ?-1
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT
BETWEEN THE CITY OF LA PORTE AND BROOKS CONCRETE, INC.
FOR CONSTRUCTION OF THE 2004 CITY-WIDE SIDEWALK
IMPROVEMENT PROJECT; APPROPRIATING $59,659.21 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, 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
au thorized to attest to all such signatures and to affix the seal of the City
to all such documents. City Council appropriates the sum of $59,659.21
from Capital Improvement 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
ORDINANCE NO. 2004- d../J r
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 April 26, 2004
CITY OF LA POR~
B~ne, ·
Mayor
ATTEST:
'1l!tau:~ 4<<dL
M ha Gillett,
City Secretary
EXHIBIT 2
CITY OF LA PORTE
2004 CITY WIDE SIDEWALK IMPROVEMENT PROJECT
CLP PROJECT 2003-4401
BID OPENING: APRIL 12, 2004
BID TABULATION
~CONTRACTOR NAME
I BID BOND IDAYS TO COMPLETE I BASE BID IBASE BID PLUS ALTERNATES l
BROOKS CONCRETE, INC. ATTACHED 120 $ 46,320.25 $ 60,243.30
CHEROKEE CONCRETE COMPANY ATTACHED 120 $ 64 472.36 $ 87.848.48
IDEAL CONSTRUCTION SERVICES ATTACHED 120 $ 64400.00 $ 94,310.00
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LOCA:~ MAP
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PRESERVE AT T AYLOR BAYOU
GENERAL PLAN
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BEING A 101.19 ACRE: TRACT OF LAND OUT OF THE W.P. HARRIS
SURVEY, ABSTRACT NO. A-JO. HARRIS COUNl'Y. TEXAS
3 BLOCKS. 0 RESfR~
BlOCK 1 - 1 LOT. PLANNED UNIT OEVElOPr.tENT (PUO) - 28.4J ACRES
PHASf 1 Hilll UNITS
PHASE 2 220 UNITS
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illOCK 2 - 1 lOT, NEIGHBORHOOD COl.tIolERCIAL
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BLOCK J - 1 LOl, NAtuRE PR.(SERVE - 11.41 ACRES
_101.19 ACRES
tBlOC!< 1 W1U HAIlE 14.70 APARTMENT UNITS PER ACREI
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PETTY ac ASSOCIA lES
7066 lAKEVI(W HA""" OR. SUItE 1,9
IiOU$TOH, lX T7WS
(281) 3.(5-4+40
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SHORL\CRIllISUBDlVI8lOlI
YaI. L Pt- 10 a.c.w.J.
BUROlFIELD DE~T, LP
212J I'tfST GO..umOR'S ORCLE. SUITE .fOO
HOUSTON, TX n099
(713) $50-0555
IU.'I'OU f'OUSt. 1'!WIr. O)Q; - stC'11OM oMl
rum ec..t. No. 3MI05-t K.c.It.J.
CITY OF LA PORTe
2004 CITY WIDE SIDEWALK IMPROVEMENT PROJECT
CLP PROJECT 2003-4401
BID T ASUI.A TlON
BROOKS CONCRETE CHEROKEE CONCRETE IDEAl. CONSTRUCTION
COMPANY SERVICES
NO. ITEM UNIT QUANTITY UNIT AMOUNT TOTAl. PRICE UNIT AMOUNT TOTAL PRICE UNIT "MOUNT I TOT AI. PRICE
Move-in and start up including performance ood
1 peyment bonds for 100 percent (100%) of the LS 1 $ 2,500.00 $ 2,500.00 $ 30.00 $ 30.00 $ 3,500.00 $ 3,500.00
contract amount
concrete sidewelk placement: four inch.. thick,
2 poured with 3000 psi concrete (min). Complete in SY 865 $ 23.85 $ 20,630.25 $ 44.44 $ 38,440.60 $ 30.00 $ 25,950.00
lace
Removal and disposal of existing concrete sidewalk.
3 Excavated sidewelk to become property of Contractor SY 928 $ 11.25 $ 10,440.00 $ 10.89 $ 10,105.92 $ 12.50 $ 11,800.00
to be dlSllOSOd of in a I_I manner.
4 Concrete Type 'A' wheel chair ramps. in accordance EA 10 $ 400.00 $ 4,000.00 $ 441.50 $ 4,415.00 $ 800.00 $ 8,000.00
with deteils and completion place.
5 Concrete Type 'B' wheel chair ramps. In accordance EA 20 $ 350.00 $ 7,000.00 $ 448.40 $ 8,968.00 $ 750.00 $ 15,000.00
with deteils and completion place.
6 Adjustment of existing valve boxes. Complete in EA 7 $ 250.00 $ 1,750.00 $ 95.00 $ 665.00 $ 50.00 $ 350.00
place.
TOTAL BASE BID $ 46,320.25 $ 62,624.52 $ 84,400.00
ALTERNATE A
Concrete sidewelk placement: four inches thick,
A-l poured with 3000 psi concrete (min). Complete In SY 152 $ 23.85 $ 3,625.20 $ 49.85 $ 7,577.20 $ 30.00 $ 4,560.00
place
A-2 Remove and dispose of existing concrete. Removed SY 172 $ 11.25 $ 1 ,935.00 $ 11.11 $ 1,910.92 $ 12.50 $ 2,150.00
concrete to become property of contractor and to be
disposed of in a legai manner. Complete in place.
Conerete driveway placement: six inches thick,
A-4 poured with 3000 psi concrete (min). Compiete in SY 20 $ 30.15 $ 603.00 $ 44.44 $ 888.60 $ 150.00 $ 3,000.00
Olace.
TOTAL OF ALTERNATE 'A" $ 8,183.20 $ 10,376.92 $ 9,710.00
ALTERNATE B
Concrete sidewelk piacement: four inches thick,
B-1 poured with 3000 psi concrete (mln). Complete in SY 120 $ 23.85 $ 2,862.00 $ 44.44 $ 5,332.60 $ 30.00 $ 3,800.00
place
Concrete drivewey placement: six inches thick,
8-2 poured with 3000 psi concrete (min). Complete in SY 19 $ 30.15 $ 572.85 $ 55.60 $ 1,056.40 $ 150.00 $ 2,S!!O.00
place.
8-3 Remove and salvage existing brick pavers, Including LS 1 $ 300.00 $ 300.00 $ 395.00 $ 395.00 $ 3,000.00 $ 3,000.00
transporting to location designated by Owner.
8-4 Remove existing downspout drains, including bsckfill, EA 4 $ 150.00 $ 600.00 $ 220.00 $ 880.00 $ 500.00 $ 2,000.00
curb repair, and adjusting downspouts to final grade.
TOTAL OF ALTERNATE 'B' $ 4,334.85 $ 7,664.20 $ 11,450.00
SUPPLEMENTAL BID ITEMS
5-1 Extra bsnk sand (ordered by City). Complete in $ 22.00 $ 550.00 $ 12.00 $ 300.00 $ 875.00
place. CY 25 $ 35.00
S-2 Strip sodding as directed by City and in accordance $ 5.00 $ 250.00 $ 10.60 $ 530.00 $ 1,000.00
with Specification 00112. Complete in place. SY 50 $ 20.00
S-3 Sidewelk point repair including cement stabilized $ 35.00 $ 1,750.00 $ 60.00 $ 3,000.00 $ 5,000.00
sand and removal of soil. Complete in place. CY 50 $ 100.00
S-4 Cement-stabilized sand including compaction. $ 35.00 $ 875.00 $ 60.00 $ 1,500.00 $ 1,875.00
Compiete in place. CY 25 $ 75.00
TOTAL OF SUPPLEMENTAL $ 3,425.00 $ 5,330.00 $ 8,750.00
TOTAL BID (CALCULATED) $ 60,243.30 $ 85,995.64 $ 94,310.00
TOTAL BID (SUBMITTED) $ 60,243.30 $ 87,848.48 $ 94,310.00
EXHIBIT 3
CITY OF LA PORTE
2004 LA PORTE CITY-WIDE SIDEWALK
IMPROVEMENT PROJECT
CLP PROJECT #2003-4401
Advertising
The Bayshore Sun - April 4, 2004 and April 11, 2004
La Porte Bayshore
Chamber of Commerce
La Porte, TX 77571
Phone: 281-471-1123
Fax: 281-471-1710
Moore & Moore Contractors
P.O. Box 1517
La Porte, TX 77572-1517
Phone: 281-471-0145
Fax: 281-471-0601
Invitation to Bid Faxed
Follis Construction
111 N. Broadway
La Porte, TX 77571
Phone: 281-471-6881
Fax: 281-471-6038
FORCE Corp.
P.O. Box 1079
La Porte, TX 77572-0853
Phone: 281-470-0550
Fax: 281-471-9627
Contractors that Picked up Plans & Specifications
Brooks Concrete, Inc.
4018 Allen-Genoa
Pasadena, TX 77504
Phone: 713-947-8440
Fax: 713-947-8444
T and T Construction
204 Preston Road
Pasadena, TX 77503
Phone: 713-477-6660
Fax: 713-477-1465
Sunland Group
10497 Town & Country Suite 550
Houston, TX 77024
Phone: 713-467-8484
Fax: 713-467-3353
Ideal Construction.
P.O. Box 2915
Sugarland, TX 77487
Phone: 281-470-0531
Fax: 281-470-0539
Glover's Concrete Works
Cherokee Concrete Co
1514 W. Main St.
La Porte, TX 77571
Phone: 281-842-8590
Phone: 832-549-9662
E1(IlIBlrt "
2003-2004 City Wide Sidewalk Proiect
Proposed Sidewalk placement and removal limits shall be marked by the City of La Porte
SHADY RIVERS
LOCATION
IMPROVEMENT
L.F. PLACEMENT
3202 Silver Springs
sidewalk
15.5
1015 Oak Leaf
sidewalk (saw cut)
4.0
914 Hackberry
sidewalk
63.0
Subtotals
Removal
Placement
Saw-Cut
82.5 LF
82.5 LF
4.0LF
TOWN OF LA PORTE
LOCATION
IMPROVEMENT
L.F. PLACEMENT
312 N. 6th Street
Sidewalk
60.0
Subtotals
Removal
Placement
60.0 LF
60.0 LF
GLEN MEADOWS
LOCATION IMPROVEMENT L.F. PLACEMENT
5102 Valley View sidewalk (saw cut) 8.0
5230 Valley View sidewalk (saw cut) 4.0
5102 Crestway W.C.R.- B 46.5 rem.
42.5 place.
5034 Crestway (on Glen Meadows) sidewalk 12.0
5022 Crestway sidewalk (saw cut) 8.0
5125-5205 Crestway sidewalk placement only 75.5
no removal
E. Side Glen Meadows Dr. sidewalk placement only 51.0
Btwn. Crestway & Glen View no removal 9.9
W. Side Glen Meadows Dr. sidewalk placement only 81.0
Btwn. Crestway & Glen View sidewalk 9.9
Valley View @ Farrington SW W.C.R.-A 40.1 rem.
35.4 place.
Valley View @ Farrington NW W.C.R.-A 32.3 rem.
30.0 place.
Crestway @ Farrington SW W.C.R.-A 28.4 rem.
22.4 place.
Crestway @ Farrington NW W.C.R.-A 44.8 rem.
41.9 place.
Crestway @ Glen Meadows NE W.C.R-A 30.0 rem.
26.0 place.
Crestway @ Glen Meadows SE W.C.R-A 35.0 rem.
33.2 place.
Crestway @ Glen Meadows NW W.C.R-A 19.5 rem.
15.5 place.
Crestway @ Glen Meadows NE W.C.R-A 34.5 rem.
(2 G. V. Adj.) 30.5 place.
Valley View @Glen MeadowsSW W.C.R.-B 23.4 rem.
20.3 place.
Valley View @Glen MeadowsNW W.C.R.-B 23.3 rem.
20.2 place.
Valley View @Glen MeadowsSE W.C.R.-B 35.7 rem.
(G.v. Adj.) 32.6 place.
Valley View @Glen MeadowsNE W.C.R.-B
(come around power pole)
28.6 rem.
24.6 place.
Subtotals
Removal
Placement
W.C.R.
G. J-: Adj.
Saw-Cut
473.9 LF
636.4 LF
13 ea.
3 ea.
20LF
BROOKGLEN/COLLEGEVIEW
LOCATION IMPROVEMENT L.F. PLACEMENT
3231 Fern Rock sidewalk (saw cut) 8.0
8406 Collingsdale sidewalk (saw cut) 4.0
8418 Collingsdale sidewalk (saw cut) 4.0
8715 Beechaven sidewalk (saw cut) 4.0
8710-8714 Beechaven sidewalk 46.1
8702 Beechaven sidewalk (saw cut) 4.0
8615-8703 Bandridge sidewalk 8.8
8730 Collingsdale sidewalk (saw cut) 8.0
3123 Gladwyne sidewalk (g.v. adj.) (saw cut) 4.0
3303 Ashwyne Ct. sidewalk 5.8
3310 Gladwyne sidewalk 52.4
3331 Gladwyne sidewalk (saw cut) 4.0
3335 Gladwyne sidewalk 4.0
8835-8831 Oakhaven sidewalk (relocate w. meter) 4.0
(saw cut)
3723 Somerton sidewalk (saw cut) 4.0
3831 Somerton sidewalk (saw cut) 4.0
8511 Lazy Brook-3842 Fair Brook sidewalk
15.9
Subtotals
Removal
Placement
Saw Cut
G. J': Adj.
185 LF
185 LF
56LF
1 ea.
FAIRMONT PARK EAST
LOCATION IMPROVEMENT L.F. PLACEMENT
10906 Idlewood sidewalk 5.5
10908 Idlewood sidewalk 35.0
3809 Redbud sidewalk (saw cut) 4.0
10920 Birch sidewalk (saw cut) 4.0
00000 Rosewood sidewalk 12.5
Subtotal
Removal 61.0 LF
Placement 61.0 LF
Saw-Cut 8.0 LF
FAIRMONT PARK CENTRAL
LOCATION IMPROVEMENT L.F. PLACEMENT
10322 Antrim sidewalk (saw cut) 4.0
10338 Antrim sidewalk 41.0
10438 Antrim sidewalk 4.9
10306 Belfast sidewalk (saw cut) 4.0
10346 Belfast sidewalk (saw cut) 4.0
10314 Carlow sidewalk (saw cut) 8.0
10338 Carlow sidewalk 14.7
10350 Carlow sidewalk 47.3
10439 Carlow sidewalk 53.0
10322 Winding Trail sidewalk (saw cut) 4.0
10326 Winding Trail sidewalk 16.5
10306 Winding Trail sidewalk 15.4
10410 Belfast sidewalk 26.9
10418 Belfast sidewalk 19.2
10420 Belfast sidewalk 10.3
10424 Belfast sidewalk (saw cut) 4.0
3110 Oaken Ln. sidewalk (saw cut) 4.0
3214 Oaken Ln. sidewalk 7.0
3214 Oaken Ln. sidewalk (on Belfast) (saw cut) 4.0
3109 Old Hickory sidewalk (saw cut) 12.0
10439 Catlett sidewalk (on Oaken) 14.2
10439 Winding Trail sidewalk 6.0
10458 Winding Trail sidewalk (on Old Hickory) 10.0
10459 Winding Trail sidewalk (on Old Hickory) 8.0
(saw cut)
10407-10411 Collingswood sidewalk 10.1
10423 Collingswood sidewalk 10.9
10439 Quiet Hill sidewalk 13.3
10439-10443 Quiet Hill sidewalk 8.4
10458 Quiet Hill sidewalk (on Old Hickory) 4.0
(saw cut)
10439-10443 Rustic Gate sidewalk (saw cut) 4.0
10454 Rustic Gate sidewalk 7.3
10458 Rustic Gate sidewalk (on Old Hickory) 14.2
10315 Rustic Rock sidewalk (saw cut) 4.0
10327 Rustic Rock sidewalk (saw cut) 4.0
10431 Rustic Rock sidewalk (saw cut) 4.0
10438 Rustic Rock sidewalk (saw cut) 4.0
10458 Rustic Rock sidewalk (on Old Hickory) 14.7
10459 Rustic Rock sidewalk (on Old Hickory) 28.4
10307 Shell Rock sidewalk (saw cut) 4.0
10311 Shell Rock sidewalk (saw cut) 4.0
10327 Shell Rock sidewalk (saw cut) 8.0
10447 Shell Rock sidewalk (saw cut) 4.0
10447-10451 Shell Rock sidewalk (saw cut) 4.0
10451 Shell Rock sidewalk (saw cut) 4.0
10458 Shell Rock sidewalk 18.4
10422 Rocky Hollow sidewalk (saw cut) 8.0
10442 Rocky Hollow sidewalk (saw cut) 8.0
3113 Old Hickory sidewalk (saw cut) 4.0
Subtotals
Removal 558.9 LF
Placement 558.9 LF
Saw-Cut 104 LF
FAIRMONT PARK WEST
LOCATION IMPROVEMENT L.F. PLACEMENT
10002 Wilmont sidewalk 29.5
10006 Wilmont sidewalk 4.0
10110 Wilmont sidewalk 74.0
10002 Winding Trail sidewalk (on Dover Hill) 31.8
10115 Winding Trail sidewalk 11.9
10127 Winding Trail sidewalk (on Roseberry) 9.3
10026 Rocky Hollow sidewalk (saw cut) 4.0
10119 Rocky Hollow sidewalk 17.6
10010 Rustic Gate sidewalk 8.5
10 111 Charmont sidewalk 8.1
10119 Belfast sidewalk 20.8
10118 Belfast sidewalk 29.8
10106 Catlett sidewalk (saw cut) 4.0
3507 Roseberry sidewalk (saw cut) 8.0
Roseberry @ Catlett S.E. W.C.R.- B 40.0 rem.
16.0 place.
Roseberry @ Catlett S.W. W.C.R.-B 25.0 rem
Roseberry @ Catlett N.W. W.C.R.-B 22.2 rem.
Winding Trail & Dover Hill S.E. W.C.R.-B 22.8 rem.
Winding Trail & Dover Hill N.E. W.C.R.-B 24.5 rem.
Carlow @ Catlett N.W. W.C.R.- B 13.7
Carlow @ Catlett N.E. W.C.R.- B 13.4
Carlow @ Belfast N.W. W.C.R.- B 14.6
Carlow @ Belfast N.E. W.C.R.- B 13.8
Cedarmont @ Charmont N.E. W.C.R.- B (2 g.v. adj.) 34.6
Cedarmont @ Charmont N.W. W.C.R.-B 15.9
Cedarmont @ Charmont S.E. W.C.R.- B 18.5
Cedarmont @ Charmont S. W. W.C.R.- B 11.0
Subtotals
Removal 531.3 LF
Placement 277.3 LF
W.C.R. 13 ea.
G. Jt: Adj. 2ea.
CREEKMONT
LOCATION IMPROVEMENT L.F. PLACEMENT
Myrtlecreek @ CanyonSprings SW W.C.R.-A 31.5 rem.
19.0 place.
Myrtlecreek @ CanyonSprings NW W.C.R.-A 37.5 rem.
25.0 place.
Sugar Hill @ Canyon Springs W.C.R.-B 29.9 rem.
14.4 place.
Pine Creek @ Canyon Springs W.C.R.-B (g.v. adj.) 36.0 rem.
26.0 place.
Subtotals
Removal 134.9 LF
Placement 84.4 LF
W. C.R. 4 ea.
G. Jt: Adj. 1 ea.
EXHIBIT 5
EXHIBIT 6
FAIRMONT PARK
WEST
BROOKGLEN
~1.
Sl'<NCIll HI"''''IY
GLEN MEADOWS
FAIRMONT PARK
CENTRAL
FAIRMONT PARK
EAST
WIST llMIlOlJR'S CUT IUD.
BBB >>, = BBBB <>>
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CREEKMONT
SHADY RIVER
TOWN OF LA PORTE
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N.T.5
CITY OF
LA PORTE
604 w. FAIRMONT PI<MIY.
LA PORTE. TEXAS
PLANNING
DEPARTMENT
ENGINEERING
DIVISION
SURVEY OFFICE
o
DRA'M'l J.R.
CHECKED; B.S.
APPROVED: R.C.
REVISIONS
NO REVISION I ISSUE DATE
o ORIGINAL ISSUE 01/004
2004
CITYWIDE
SIDEWALK
IMPROVEMENT
LOCATIONS
2003-4401
01104 2 OF 5
N.T.S.
E1{IlIllIT 7
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S. BROADWAY
+ Il1'O." -!
SCALE: 1. '" 20'
GENERAl NOTES:
.... CONCRETE FOR SIDEWAlKS Sti.-'ll ATIAlN 3ODO PSI 028 DAYS.
2. DRIVEWAY CONCRETE SHAlL AnAIN 3000 PSI GI 28 DAYS.
3. OORRUGATEDPLASnC PIPE (CPP) SHALL BE ADS N-12 PRQlINK lJl.lRA OREauAl (BY CLP~.
4. BACKFlLl OF OPEN PITCH SHALL BE COMPACTED TOA 95 % DENSITY (BY CLP).
5. CITY Of LA pORTE PLA""'ING DEPARTMENT sHollli. BE COIfTACTED 48 HOURS PRIOR TO
COMMENCING II\ORK. (281....71-5020)
6. UTILITY LOCAlES SHALL BE THE RESPONSIBIl.lTY Of THE CONTRACTOR.
7. INLETS SHALL BE E-lNLfTS (BY CLP).
a. PIPE 6,\CKALL SHAl...l BE COMPAC11;,O OS 300 OR CEMENT SAND MIX 100 PSI <<I 48 HOURS (BY CLP)
9. SIDEWALK SUBGRAOE . GRASS SHALL BE REMOVED AND SUBGRADE PROOf ROlLED, PJN
SOFT SPOTS SHALL BE EXCAVATED AND REPLACED WTH SUITABLE MAl'ERlAL APPROVED
BY THe. CITY OF LA PORlE.
10. BARRICADES & SAFETY DEVICES AND All NECESSARY TRAFFIC CONTROl. SHAU. SE THE
RESPONSIBILITY OF THE CONTRACTOR.
11. SIDEWALK EXPANSION JOINTS SHALL BE PlACED AT THE EXISTING PAVEMENTS AND
OTHER\MSE SPACED ON 30' INlERVALS.
12. SIDEWALK CONS1RUCllON JOI.NTS ON 6' IN1'ERVALS.
13. SIDeWALK STEEL REINFORCEMENT SHAl..l BE .3 RE..sAR 0 18- CENlERS OR: #4 CD 2-4~ CENTERS.
14. STRIP SOD DISlURBED AREAS WITH ST. AUGUSTINE OR MATCH EXiSnNG GRASS SPECIES - FERTILIZER
TO 8E A '\3-'\3-13 M1X1URE.
15. SIDEWALKS TO BE CONSTRUCTED TO lHE AMERICAN DISABILITY ACT STANDARDS.
16. DRIVEWAY STEEL REINFORCEMENT SHALL BE tI-4 ell 18- ON CENTERS.
LOCA :::>.!' MAP
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TOTAL PROPOSED
4' CONC. SIDEWALK
BIG JOE'S
YOUTH CENTER
999S. l~ST
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CONSTRUcTION JOINT DETAIL
N.T.5.
r-
CITY OF
LA PORTE
.
604 w. FAIRMONT P~.
LA PORTE. TEXAS
PLANNING
DEPARTMENT
ENGINEERING
DIVISION
SURVEY OFFICE
0
DRA"""'l; JR J RJS
CHECKED: GRM
APPROVED GRM
REVISIONS
NO. I REVISION I ISSUE DATE
0 ORIGINAL I 11103
1 R ISlONI 12103
PROPOSED SIDEWALK
S. 1ST STREET
&: W. "W ST. TO
S. BROADWAY
ALTERNATE A
PROJECT: SliEET:
2ll!l3-<<O'
"..'" 30F 5
01/04
SCAl,t:
1" = 20'
SPEC!FICATi()NS AND CONTRAt~T DeJCUiJ!ENTS
FOR CONSTRUCTION OF
2004, LA PORTE SJDEWAl,K
IMPROVEMENT PROJEC'T
CITY OF LA POJ~;.l-~~, ~fr=XA.S
HARRIS COUNT"(, TEXAS
April 2004
elF' Project No. 2003-4"'; 01
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SPECIFICATIONS AND CONTRACT DOCUMENTS
FOR CONSTRUCTION OF
2004 LA PORTE SIDEWALK
IMPROVEMENT PROJECT
CITY OF LA PORTE, TEXAS
HARRIS COUNTY, TEXAS
April 2004
CLP Project No. 2003-4401
SPECIFICATIONS AND CONTRACT DOCUMENTS
FOR CONSTRUCTION OF
2004 LA PORTE SIDEWALK IMPROVEMENT PROJECT
FOR
CITY OF LA PORTE, TEXAS
IN
HARRIS COUNTY, TEXAS
TABLE OF CONTENTS
Paae No.
BIDDING REQUIREMENTS
Invitation to Bid... ......... ............... ........................... ...... ... ... ................. A-1
Scope of Work... ... ... ... ... .. . ... . . . . . . ... ... ... ... ... ... . .. .. . . .. ... ... '" .. . . .. .. . .. . ... ... .. . A-3
Instruction to Bidders......... .,. ... ... ... ... ... .., '" ... ...... ... ...... ... ... ... ... ... .., ... ... A-4
Sidewalk Locations...... ...... ... ...... ...... ... ... ... ... '" ... ... ... ... ... ... ...... ... ... ... ... A-8
Base Bid Proposal............ ... ... . . . . .. .. . ... . .. ... . .. ... ... .. . . .. .. . ... ... . . . ... '" . . . ... ... . BP-1
Statement of Materials and Other Charges. . . . . . .. . . . . .. . ... . . . ... .. . . .. ... .. . . .. ... .. . .. BP-2
Bid Form ................. ............... ..... .......... ........ .............. .......... ......... ......... ... ........... BP-3
Certification By Bidder .......... ..... .................. ...... .................. ........ .......... .... ........... BP-8
CONDITIONS OF THE CONTRACT
Standard Form of Agreement ...............:..... ..... ...... ........... ........................ ........... SF-1
Performance Bond............... . .. . .. ...".... ... ... ... '" ... .., ... ... . . . ... ... .. . .. . . . . '" . .. . . . . PP-1
Payment Bond.. . . .. .. . .. . .. . . . . .. . . .. . . ... .. . . . .. . .. . .. . .. . .. . .. . .. . .. . . . . . .. .. . . .. .. . . . . .. . .. . .. . PP-3
General Conditions of the Contract ...... ....... ........... .................... .............. ............00700-1
Special Conditions .... .............................................................. ............................. SC-1
Supplementary Condition to the Agreement... ... ... ... .., .. . ... ... ... ... ... ... ... '" . .. . SC-7
CONSTRUCTION SPECIFICATIONS
Summary of Work ................................ ................................................................ 01010-1
Submittals ................................................ ............................................................ 01300-1
Shop Drawings, Products Data and Samples ..................................................... 01340-1
Testing Laboratory Services ................................................................................ 01410-1
Field Project Representatives Services ..... ......................... ........ ......... ............... 01420-1
Temporary Facilities and Controls... ...... .................... ............... ..... ..... ........ ......... 01500-1
Cleaning and Adjusting.... ........ ......... ......... ......... .......... ............ ............... ...... ......01710-1
Project Record Documents .................................................................................. 01720-1
TECHNICAL SPECIFICATIONS
Removing Old Concrete... ..................... ............................................. ...00104-1
Concrete Sidewalk Replacement........................................................ ....00105-1
Concrete Construction for Structures... ....... ... ...... ...... ...... ... ... ...... ..:... ......00106-1
Undermined Sidewalk Point Repairs... ... ............... ... ...... ...... ......... ......... ..00107-1
Adjustment of Meter Boxes, Valve Boxes, and Manhole Rings and Covers......00108-1
Concrete Driveway Replacement......................................................... ...00109-1
Bank Sand ..................... ........................ ..................... ..................... ..00111-1
Sodding............ ......................................................... ..................... ...00112-1
Cement-Sand Backfill.................. ....................................................... ..00113-1
INVITATJOt,l TO BID
Sealed bids in duplicate addressed to Martha Gillett, City Secretary, will be received in the La Porte City
Hall City Secretary's Office, 604 west Fairmont Parkway, La Porte, Texas 77571, until 2:00 p.m., Monday
April 12, 2004 and then publicly opened and read for furnishing all supervision, knowledge, labor, material
and equipment and performing all work required for the construction of:
2004 LA PORTE CITY-WIDE
SIDEWALK IMPROVEMENT PROJECT
CLP PROJECT No. 2003-4401
The major portion of the project consists of removing and replacing of approximately 865 square yards of
concrete sidewalk and the removal and replacement of thirty wheelchair ramps. Removed concrete to
become the property of the contractor. All construction is to be substantially complete with 120 working
days.
The project is located in southeast Harris County in the City of La Porte. Harris County Key Map No. 539-
R, W, X, No. 578 C, D, and No. 580 P.
Drawings and specifications are viewable at the following locations:
AGC Plan Room
3825 Dacoma
Houston, Texas 77092
Telephone 713-843-3700
Fax: 713-843-3701
Dodge Plan Room
4101 Greenbriar, #320
Houston, Texas 77098
Telephone: 713-529-4895
Fax: 713-524-7639
Each bid must be accompanied by a cashier's check, certified check or bid bond from a surety company
licensed in the State of Texas for the sum of not less than five percent (5%) of the amount of the
maximum total bid as a guarantee that the successful bidder will enter into a Contract and execute the
Sondes) if required, within ten (10) days after the receipt of the Contract Documents. Cashier's check must
be made payable to the City of La Porte.
The City of Porte hereby notifies all bidders that in regard to any Agreement entered into pursuant to this
advertisement, minority business enterprises will be afforded equal opportunities to submit bids in response
to this invitation and will not be discriminated against on the grounds of color, sex, age, religion or national
origin in consideration for an award.
Plans, specifications, and bidding documents may be obtained from:
CITY OF LA PORTE
PLANNING DEPARTMENT
604 WEST FAIRMONT PARKWAY
LA PORTE, TEXAS 77571
There is no cost for these plans. Said documents may be examined without charge or obligation in the
A-1
Planning Department at City Hall.
There will be a pre-bid conference in the La Porte Council Chambers 604 West Fairmont Parkway, La
Porte, Texas 77571 at 2:00 p.m., Monday April 5, 2004. Attendance is not mandatory.
The Owner reserves the right to reject any or all bids and waive any or all irregularities in bidding. In case
of ambiguity or lack of clearness in stating the prices in the bid, the amount shown in words shall govern.
Discrepancies in the multiplication of units of work and unit price will be resolved in favor of unit prices.
Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be
resolved in favor of the correct sum. No bid may be withdrawn until the expiration of 60 days from the date
bids are open.
City of La Porte
Martha Gillett
City Secretary
A-2
SCOPE OF WORK
CLP Project No. 2003-4401
2004 La Porte Sidewalk Improvement Project
Project consists of the removal of approximately 2088 liner feet of four foot wide existing
sidewalks and replacement with approximately 865 sqaure yards of new four inch thick
sidewalk. The project also consists of two alternate containing one driveway
construction, approximately 109 linear feet of nine foot wide sidewalk and approximately
sixteen feet of six foot wide sidewalk. Thirty wheelchair ramps are to be removed and
replaced as part of the base bid. Sidewalks and wheelchair ramps shall meet the
minimum criteria as established by the American Disabilities Act. The project additionally
consists of gate valve adjustments (7) where needed also in the base bid. Removed
concrete shall become the property of the contractor, removed from the site, and
disposed of in a legal manner.
Performance and Payment Bonds shall be required for these projects.
A-3
INSTRUCTIONS TO BIDDERS
CLP Project No. 2003-4401
RECEIPT AND OPENING OF BIDS
The City of La Porte (herein called "Owner"), invites bids on the form attached hereto, all
blanks of which must be appropriately filled in. Bids will be received by the Owner at the office of
the City Secretary, until the time and date indicated within the INVITATION TO BID, and then at
said office publicly opened and read aloud. The envelopes containing the bids must be sealed
and addressed to Martha Gillett, City Secretary at 604 W. Fairmont Parkway, La Porte, Texas
77571.
The Owner may consider informal any bid not prepared and submitted in accordance with
the provisions hereof and may waive any informalities or reject any and all bids. Any bid may be
withdrawn prior to the above scheduled time for the opening of bids or authorized postponement
thereof. Any bid received after the time and date specified shall not be considered. No bidder may
withdraw a bid within sixty (60) days after the actual date of the opening thereof.
PREPARATION OF BID
Each bid must be submitted on the prescribed form. All blank spaces for bid prices must
be filled in, in ink or typewritten, in both words and figures, and must be fully completed and
executed when submitted.
Each bid must be submitted in duplicate in a sealed envelope bearing on the outside the
name of the bidder, his address, and the name of the project for which the bid is submitted. If
forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope,
address as specified in the bid form.
SUBCONTRACTS
The bidder is speCifically advised that any person, firm, or other party to whom it is
proposed to award a subcontract under this contract must be acceptable to the Owner. Bidders
may not subcontract more than fifty percent (50%) of the work.
TELEGRAPHIC MODIFICATION
Any bidder may modify his bid by telegraphic communication at any time prior to the
scheduled closing time for receipt of bids, provided such telegraphic communication is received
by the Owner prior to the closing time and, provided further, the Owner is satisfied that a written
confirmation of the telegraphic modification of the bidder was mailed prior to the closing time. The
telegraphic communication should not reveal the bid price but should provide the addition or
subtraction or other modification so that the final prices or terms will not be known by the Owner
until the sealed bid is opened. If written confirmation is not received within two (2) days from the
closing time, no consideration will be given to the telegraphic modification.
QUALIFICATIONS OF BIDDER
The Owner may make such investigations as he deems necessary to determine the
ability of the bidder to perform the work, and the bidder shall furnish to the Owner all such
information and data for this purpose as the Owner may request. The Owner reserves the right to
reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the
A-4
Owner that such bidder is properly qualified to carry out the obligations of the contract and to
complete the work contemplated therein. Conditional bids will not be accepted.
BID SECURITY
Each bid must be accompanied by a cashier's cheek, a certified check of the bidder, or a
bid bond prepared, duly executed by the bidder as principal and having as surety thereon a
surety company approved by the Owner, in the amount of five percent (5%) of the bid. Such
checks or bid bonds will be returned to all except the three (3) lowest bidders within three (3)
days after the opening of bids, and the remaining checks or bid bonds will be returned promptly
after the Owner and the accepted bidder have executed the contract, or, if no award has been
made within thirty (30) days after the date of the opening of bids, upon demand of the bidder at
any time thereafter, so long as he has not been notified of the acceptance of his bid.
LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT
The successful bidder, upon his failure or refusal to execute and deliver the contract and
bonds required within ten (10) days after he has received notice of the acceptance of his bid,
shall forfeit to the Owner, as liquidated damages for such failure or refusal, the security deposited
with his bid.
TIME OF COMPLETION AND LIQUIDATED DAMAGES
Time is of the essence in this project and the contractor must diligently pursue the
construction of the work so as to offer it for final acceptance by the Owner within the time limit
specified in the proposal. Liquidated damages of $500.00 per day shall be chargeable for each
day the work remains incomplete past the stated time limit.
CONDITIONS OF WORK
Each bidder must inform himself fully of the conditions relating to the construction of the
project and the employment of labor thereon. Failure to do so will not relieve a successful bidder
of his obligation to furnish all material and labor necessary to carry out the provisions of his
contract. Insofar as possible the contractor, in carrying out his work, must employ such methods
or means as will not cause any interruption of or interference with the work of any other
contractor.
ADDENDA AND INTERPRETATIONS
No interpretation of the meaning of the plans, specifications or other pre-bid documents
will be made to any bidder orally. Every request for such interpretation should be in writing
addressed to "City of La Porte, Attn: Planning Department, 604 West Fairmont Parkway, La
Porte, Texas n571" and to be given consideration must be received at least five (5) days prior
to the date fixed from the opening of bids. Any and all such interpretations or any supplemental
instructions will be in the form of written addenda to the specifications which, if issued, will be
mailed by certified mail with return receipt requested to all prospective bidders (at the respective
addresses furnished for such purposes), not later than three (3) days prior to the date fixed for the
opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not
relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall
become part of the contract documents.
CONTRACT SECURITY
The Contractor shall be required to furnish performance and payment bonds, executed
on the forms enclosed herein, each bond in an amount at least equal to one hundred percent
A-5
(100%) of the total contract price, as security for the faithful performance of the contract and for
the payment of all persons performing labor or furnishing materials and equipment on the project.
NOTICE OF SUPPLEMENTAL GENERAL CONDITIONS AND SPECIAL CONDITIONS
Attention is particularly called to those parts of the contract documents and specifications
which deal with the following:
a. Survey, Permits and Regulations
b. Protection of Work and Property
c. Time of Completion and Liquidated Damages
d. Subsurface Conditions Found Different
e. Insurance
f. Separate Contract
g. Subcontracting
h. Photographs of the Project
LAWS AND REGULATIONS
The bidder's attention is directed to the fact that all applicable State laws, municipal
ordinances, and the rules and regulations of all authorities having jurisdiction over construction of
the project shall apply to the contract throughout, and they will be deemed to be included in the
contract the same as though herein written out in full.
METHOD OF AWARD - LOWEST QUALIFIED BIDDERS
If at the time this contract is to be awarded, the lowest base bid submitted by a
responsible bidder does not exceed the amount of funds then estimated by the Owner as
available to finance the contract, the contract will be awarded on the base bid only. If such bid
exceeds such amount, the Owner may reject all bids.
The Owner further reserves the right to award the contract based on an adjusted base
bid, which shall consist of any combination of alternate bid items and the base bid items included
in the total bid.
CERTIFICATION BY BIDDER
The successful bidder will be furnished with a copy of City of La Porte Ordinance #98-
2217, prohibiting any expenditure for goods or services by the City of La Porte from any person,
firm, or corporation owing any delinquent indebtedness to the City.
The successful bidder will be required to certify that it is in compliance with the
requirements of said ordinance. If the bidder is not in compliance with Ordinance #98-2217, it will
assign to the City of La Porte, the amount of its delinquent indebtedness to the City of La Porte,
to be deducted by the City of La Porte from the amounts due.
Failure to remit this certification or non-compliance with said ordinance shall be just
cause for rejection or disqualification of bid.
OBLIGATION OF BIDDER
At the time of the opening of bids, each bidder will be presumed to have inspected the
site and to have read and to be thoroughly familiar with the plans and contract documents
(including all addenda). The failure or omission of any bidder to examine any form, instrument or
document shall in no way relieve any bidder from any obligation in respect to his bid.
A-6
SAFETY STANDARDS AND ACCIDENT PREVENTION
With respect to all work performed under this contract, the Contractor shall:
(1) Comply with the safety standards provisions of applicable laws, building and
construction codes and the "Manual of Accident Prevention in Construction" published by the
Associated General Contractors of America, and the requirements of the Occupational Safety and
Health Act of 1970 (Public Law 91-596).
(2) Exercise every precaution at all times for the prevention of accidents and the
protection of persons (including employees) and property.
(3) Maintain at his office or other well known place at the job site, all articles
necessary for giving first aid to the injured, and shall make standing arrangements for the
immediate removal to a hospital or a doctor's care of persons (including employees), who may be
injured on the job site. In no case shall employees be permitted to work at a job site before the
employer has made a standing arrangement for removal of injured persons to a hospital or a
doctor's care.
A-7
2003-2004 City Wide Sidewalk Proiect
Proposed Sidewalk placement and removal limits shall be marked by the City of La Porte
SHADY RIVERS
LOCATION
IMPROVEMENT
L.F. PLACEMENT
3202 Silver Springs
sidewalk:
15.5
10 15 Oak Leaf
sidewalk: (saw cut)
4.0
914 Hackberry
sidewalk:
63.0
Subtotals
Removal
Placement
Saw-Cut
82.5 LF
82.5 LF
4.0 LF
TOWN OF LA PORTE
LOCATION
IMPROVEMENT
L.F. PLACEMENT
312 N. 6th Street
Sidewalk:
60.0
Subtotals
Removal
Placement
60.0 LF
60.0 LF
GLEN MEADOWS
LOCATION
IMPROVEMENT
L.F. PLACEMENT
51 02 Valley View
sidewalk: ( saw cut)
8.0
5230 Valley View
sidewalk (saw cut)
4.0
5102 Crestview
W.C.R.- B
46.5 rem.
42.5 place.
5034 Crestview (on Glen Meadows) sidewalk
12.0
A-8
5022 Crestway sidewalk (saw cut) 8.0
5125-5205 Crestway sidewalk placement only 75.5
no removal
E. Side Glen Meadows Dr. sidewalk placement only 51.0
Btwn. Crestway & Glen View no removal 9.9
W. Side Glen Meadows Dr. sidewalk placement only 81.0
Btwn. Crestway & Glen View sidewalk 9.9
Valley View @ Farrington SW W.C.R.-A 40.1 rem.
35.4 place.
Valley View @ Farrington NW W.C.R.-A 32.3 rem.
30.0 place.
Crestway @ Farrington SW W.C.R.-A 28.4 rem.
22.4 place.
Crestway @ Farrington NW W.C.R.-A 44.8 rem.
41.9 place.
Crestway @ Glen Meadows NE W.C.R-A 30.0 rem.
26.0 place.
Crestway @ Glen Meadows SE W.C.R-A 35.0 rem.
33.2 place.
Crestway @ Glen Meadows NW W.C.R-A 19.5 rem.
15.5 place.
Crestway @ Glen Meadows NE W.C.R-A 34.5 rem.
(2 G.V. Adj.) 30.5 place.
Valley View @Glen MeadowsSW W.C.R.-B 23.4 rem.
20.3 place.
Valley View @Glen MeadowsNW W.C.R.-B 23.3 rem.
20.2 place.
Valley View @Glen MeadowsSE W.C.R.-B 35.7 rem.
(G.V. Adj.) 32.6 place.
A-9
Valley View @Glen MeadowsNE W.C.R.-B
(come around power pole)
28.6 rem.
24.6 place.
Su btotals
Removal
Placement
W.C.R.
G. ~ Adj.
Saw-Cut
473.9 LF
636.4 LF
13 ea.
3 ea.
20LF
BROOKGLEN/COLLEGEVIEW
LOCATION IMPROVEMENT L.F. PLACEMENT
3231 Fern Rock sidewalk (saw cut) 8.0
8406 Collingsdale sidewalk (saw cut) 4.0
8418 Collingsdale sidewalk (saw cut) 4.0
8715 Beechaven sidewalk (saw cut) 4.0
871 0-8714 Beechaven sidewalk 46.1
8702 Beechaven sidewalk (saw cut) 4.0
8615-8703 Bandridge sidewalk 8.8
8730 Collingsdale sidewalk (saw cut) 8.0
3123 Gladwyne sidewalk (g.v. adj.) (saw cut) 4.0
3303 Ashwyne Ct. sidewalk 5.8
3310 Gladwyne sidewalk 52.4
3331 Gladwyne sidewalk (saw cut) 4.0
3335 Gladwyne sidewalk 4.0
8835-8831 Oakhaven sidewalk (relocate w. meter) 4.0
(saw cut)
3723 Somerton sidewalk (saw cut) 4.0
3831 Somerton sidewalk (saw cut) 4.0
A-10
8511 Lazy Brook-3842 Fair Brook sidewalk
15.9
Subtotals
Removal
Placement
Saw Cut
G. JI: Adj.
185 LF
185 LF
56LF
1 ea.
FAIRMONT PARK EAST
LOCATION IMPROVEMENT L.F. PLACEMENT
10906 ldlewood sidewalk 5.5
10908 ldlewood sidewalk 35.0
3809 Redbud sidewalk (saw cut) 4.0
10920 Birch sidewalk (saw cut) 4.0
00000 Rosewood sidewalk 12.5
Subtotal
Removal 61.0 LF
Placement 61.0 LF
Saw-Cut 8.0 LF
F~ONTPARKCENTRAL
LOCATION IMPROVEMENT L.F. PLACEMENT
10322 Antrim sidewalk (saw cut) 4.0
10338 Antrim sidewalk 41.0
10438 Antrim sidewalk 4.9
10306 Belfast sidewalk (saw cut) 4.0
10346 Belfast sidewalk (saw cut) 4.0
10314 Carlow sidewalk (saw cut) 8.0
A-11
10338 Carlow sidewalk 14.7
10350 Carlow sidewalk 47.3
10439 Carlow sidewalk 53.0
10322 Winding Trail sidewalk (saw cut) 4.0
10326 Winding Trail sidewalk 16.5
10306 Winding Trail sidewalk 15.4
10410 Belfast sidewalk 26.9
10418 Belfast sidewalk 19.2
10420 Belfast sidewalk 10.3
10424 Belfast sidewalk (saw cut) 4.0
3110 Oaken Ln. sidewalk (saw cut) 4.0
3214 Oaken Ln. sidewalk 7.0
3214 Oaken Ln. sidewalk (on Belfast) (saw cut) 4.0
3109 Old Hickory sidewalk (saw cut) 12.0
10439 Catlett sidewalk (on Oaken) 14.2
10439 Winding Trail sidewalk 6.0
10458 Winding Trail sidewalk (on Old Hickory) 10.0
10459 Winding Trail sidewalk (on Old Hickory) 8.0
(saw cut)
10407-10411 Collingswood sidewalk 10.1
10423 Collingswood sidewalk 10.9
10439 Quiet Hill sidewalk 13.3
10439-10443 Quiet Hill sidewalk 8.4
A-12
10458 Quiet Hill sidewalk (on Old Hickory) 4.0
(saw cut)
10439-10443 Rustic Gate sidewalk (saw cut) 4.0
10454 Rustic Gate sidewalk 7.3
10458 Rustic Gate sidewalk (on Old Hickory) 14.2
10315 Rustic Rock sidewalk (saw cut) 4.0
10327 Rustic Rock sidewalk (saw cut) 4.0
10431 Rustic Rock sidewalk (saw cut) 4.0
10438 Rustic Rock sidewalk (saw cut) 4.0
10458 Rustic Rock sidewalk (on Old Hickory) 14.7
10459 Rustic Rock sidewalk (on Old Hickory) 28.4
10307 Shell Rock sidewalk (saw cut) 4.0
10311 Shell Rock sidewalk (saw cut) 4.0
10327 Shell Rock sidewalk (saw cut) 8.0
10447 Shell Rock sidewalk (saw cut) 4.0
10447-10451 Shell Rock sidewalk (saw cut) 4.0
10451 Shell Rock sidewalk (saw cut) 4.0
10458 Shell Rock sidewalk 18.4
10422 Rocky Hollow sidewalk (saw cut) 8.0
10442 Rocky Hollow sidewalk (saw cut) 8.0
3113 Old Hickory sidewalk (saw cut) 4.0
Subtotals
Removal 558.9 LF
Placement 558.9 LF
Saw-Cut 104 LF
A-13
FAIRMONT PARK WEST
LOCATION IMPROVEMENT L.F. PLACEMENT
10002 Wilmont sidewalk 29.5
10006 Wilmont sidewalk: 4.0
10110 Wilmont sidewalk 74.0
10002 Winding Trail sidewalk: (on Dover Hill) 31.8
10115 Winding Trail sidewalk 11.9
10127 Winding Trail sidewalk (on Roseberry) 9.3
10026 Rocky Hollow sidewalk (saw cut) 4.0
10119 Rocky Hollow sidewalk 17.6
10010 Rustic Gate sidewalk 8.5
10111 Charmont sidewalk 8.1
10 119 Belfast sidewalk 20.8
10118 Belfast sidewalk 29.8
10106 Catlett sidewalk (saw cut) 4.0
3507 Roseberry sidewalk (saw cut) 8.0
Roseberry @ Catlett S.E. W.C.R.- B 40.0 rem.
16.0 place.
Roseberry@ Catlett S.W. W.C.R.-B 25.0 rem
Roseberry @ Catlett N. W. W.C.R.-B 22.2 rem.
Winding Trail & Dover Hill S.B. W.C.R.-B 22.8 rem.
Winding Trail & Dover Hill N.E. W.C.R.-B 24.5 rem.
Carlow @ Catlett N.W. W.C.R.- B 13.7
A-14
Carlow @ Catlett N .E. W.C.R.- B 13.4
Carlow @ Belfast N.W. W.C.R.- B 14.6
Carlow @ Belfast N .E. W.C.R.- B 13.8
Cedarmont @ Charmont N.E. W.C.R.- B (2 g.V. adj.) 34.6
Cedarmont @ Charmont N.W. W.C.R.-B 15.9
Cedarmont @ Charmont S.E. W.C.R.- B 18.5
Cedarmont @ Charmont S.W. W.C.R.- B 11.0
Subtotals
Removal 531.3 LF
Placement 277.3 LF
W.C.R. 13 eo.
G. Jt: Adj. 2ea.
CREEKMONT
LOCATION
IMPROVEMENT
L.F. PLACEMENT
Myrtlecreek @ CanyonSprings SW W.C.R.-A
31.5 rem.
19.0 place.
Myrtlecreek @ CanyonSprings NW W.C.R.-A
37.5 rem.
25.0 place.
Sugar Hill @ Canyon Springs
W.C.R.-B
29.9 rem.
14.4 place.
Pine Creek @ Canyon Springs
W.C.R.-B (g.v. adj.)
36.0 rem.
26.0 place.
Subtotals
Removal
Placement
W.C.R.
G. Jt: Adj.
134.9 LF
84.4 LF
4 eo.
1 eo.
A-15
BASE BID PROPOSAL
Bidder understands that the Owner reserves the right to reject any or all bids and to
waive any informalities in the bidding.
The bidder agrees that this bid shall be good and may not be withdrawn for a period of
sixty (60) calendar days after the scheduled closing time for receiving bids.
Upon receipt of written notice of the acceptance of this bid, bidders will execute the
formal contract attached within ten (10) days and deliver a Surety Bond or Bonds as required by
the General Conditions.
TIAJO TlfI/.VJtJlVl TAite nVlfllJllels "xr~€r1l/
BY:
(SEAL)
(Si ature 0 J\uthorized Person)
.jGSS ~. t5~oo~
(Print Name 0 Authorized erson)
/It J ir!e/l/T
(Title)
lfOlg II/I~tf/ (7U/CJf(
(Business Address)
JJ4~lJhJV(1 n. 77sf)Y
(City) (State) (Zip Code)
7/J4'17-1l/l./tJ
(Telephone Number)
BP-1
STATEMENT OF MATERIALS AND OTHER CHARGES
ALL OTHER CHARGES:
TOTAL:
$
$
I/, 1tJO
.
'3S/M.i<S
'117 37/J. J.S'"
MATERIALS INCORPORATED INTO THE PROJECT: $
This total must agree with the total "Total Amount Bid" figure shown on the bid sheet.
For purposes of complying with the Texas Tax Code, the Contractor agrees that the charges for
any material incorporated into the project in excess of the estimated quantity provided for herein
will be no less than the invoice price for such material to the Contractor.
BP-2
BU) FORM
2004 La Porte Sidewalk Improvement Project
CLP Project No. 2003-4401
DATE:
'1-lil-O'l
Bid of fjlNJkJ (6NCLt,7e :kIVC. (hereinafter called "Bidder") an individual proprietorship. a corporation
organized and existing under laws of the State of Texas, a partnership, or individual consisting of
, for Construction of the 2004 La Porte Sidewalk Improvement Project I
for the City of La Porte, Harris County, Texas (hereinafter called "Owner.")
To: City of La Porte
604 West Fairmont Parkway
La Porte, Texas 77571
Attention: Martha Gillett, City Secretary
Gentlemen:
The undersigned bidder has carefully examined the Instructions to Bidders, this Proposal, the General
Conditions of Agreement, the Technical Specifications and related documents prepared by the City of La Porte
for the work herein above described and referred to in the Invitation to Bid, is familiar with all of the conditions
surrounding the construction of the proposed project, and has carefully examined the site of the work and
agrees to provide all necessary labor, superintendence, machinery, equipment, tools. materials, supplies,
services and other means of construction to complete all the work upon which he bids within the time set forth
herein, as called for in the Contract, the Specifications, and in the manner prescribed therein and according to
the requirements of the Engineer as therein set forth for the amounts below. These prices are to cover all
expenses incurred in performing the work required under the contract documents, of which this Bid Form is a
part.
Item Description of Item with Unit Bid Price Approx. Unit Total
No. in Written Words Unit Quantity Amount Price
1. Move-in and start up including performance and
payment bonds for 100 percent (100%) of the
contract amount
A::2~1fI1~~ .
f, (Ie
L.S. 1 $ J.SfJ):::' $ ;<S(JJ:::"
Per Lump Sum
SIDEWALK REPLACEMENT
2.
Concrete sidewalk placement: four inches thick,
poured with 3000 psi concrete (min). Complete
in place.
@ 1IbtlUTy 7/',lee ch//tJt/J
~i~Jr~ Fl ~Jl c-elV r.5
Per qua e Yard
SY 865
$73!!
$ ?-ObJO::E
BP-3
Item
No.
Description of Item with Unit Bid Price
in Written Words
Approx.
Unit Quantity
Unit
Amount
Total
Price
BP-4
Item
No.
Description of Item with Unit Bid Price
in Written Words
Approx.
Unit Quantity
Unit
Amount
Total
Price
BP-5
ft. ,,!"'
"," ,. ..',. .....".'... ,,'
, ,.~.
JIf,'
"':,..,~~".,
Item
No.
, Description of Item with Unit Bid Price
in Written Words - -. "
Approx.
Unit Quantity
" '
, 8-4. Remove existing downspout drains, including
backfill, ~rb repair, and adjusting downspout to
, final grade. , '
.. @ ()Nt-AtJtflJ,d fiFTy jd!.tJ "
'Unit
Amount
Total
Price ':..
.ot:
EA
4
,,-.,~p'"
$ ISo' \\ $ bt1J-;
Per Each
.'
" , 'oJ'
,SUPPLEMENTAL BID ITEMS
, '
. "
S-1. 'Extra bank~sand (ordered by ~ity). Complete in place.
@f~.",-rtJI~ dlJI/tAl
.'
CY 25
Per Ton
.'
8-2. . Strip Sodding 'as directed by city and in accordance
..~ ~ j;2,' 'Comple~ in place.
@ ,:" FUle '" /ltJt~ ,
5Y
50
" per Square Yard
5-3. Sidewalk point repair including cement stabilized
,sand and removal of soil. Complete in place
@ . .. ... -r/'fl.ry F.~~d,lklU
CY 50
Per Cubic Yard
,
, 5-4. Cement-stabilized sand including compaction.
,;. Comple~ in place ' "
@ .... tA,i. riff; tI~jf)/IoIlJ
CY 25 $
, Per Cubic Yard
TOTAL BASE BID $
TOTAL OF ALTERNATE "A- $
TOTAL OF ALTERNATE "B- $
"
" ,TOTALOF SUPPLEMENTAL ,$:'
TOTAl BA,~E BID PLUS ALL AI- TERNATES AND SUPPLEMENTAL $' ,
BP,.a
:;;.- ,
f
/' .'
'I,j
$ , J.,", $ SS/)=-
.';." ...
"
-' ' :;'.f/)~ .'
$ ~5 ,'$
$' 3~
$/7Sd~
...~.~~~
3';: ", $ 17J-~
LIb :) to':f-
~/bJ 3J..
'-I3jLJ!t.,
','31./JS:
, . · hO;/'. V]'-!,
The amounts set forth above are current estimates by Contractor of the amounts that will be determined during
the progress of the Work. The separated progress billings from Contractor to the Owner shall reflect the actual
amounts expended for the items enumerated in (2) and (3) above.
SUBSTITUTIONS:
If necessary, attach detailed explanation to proposal.
1.
(Add) (Deduct) $
2.
(Add) (Deduct) $
Bidder hereby agrees to commence work under this contract on a date to be specified in written "Notice to
Proceed" of the Owner and to fully complete the project within one hundred twenty (120) consecutive working
days thereafter stipulated in the specifications. Bidder further agrees to pay as liquidated damages, the sum of
$500.00 for each consecutive calendar day thereafter as provided for in Paragraph SC-6 of the Supplementary
Conditions of the Agreement.
It is agreed that the contract price may be increased or decreased to cover work added or deleted by order of
the Engineer, in accordance with the provisions of the General Conditions of Agreement.
The award may be made on the Base Bid alone or the Base Bid and any or all of the Items listed under
Alternates or Substitutions, if any.
The undersigned agrees that the amounts bid in this proposal will not be withdrawn or modified for sixty (60)
days following date of bid opening.
It is understood that the bid security accompanying this proposal shall be returned to the undersigned unless, in
case of the acceptance of this proposal the undersigned should fail to enter into a construction contract and
execute bonds as provided in the specifications. In the event the undersigned should fail to enter into a
construction contract and execute bonds as required within 10 working days after the Engineer has given
unsigned contracts to the Contractor, it is understood and agreed that the bid security shall be forfeited to the
Owner and shall be considered as payment for damages due to delay and other inconveniences suffered by the
Owner as a result of such failure on the part of the undersigned.
It is understood that the Owner reserves the right to reject any and all bids.
BP-7
In the event of Award of the Contract to the undersigned, the undersigned agrees to furnish Performance and
Payment Bonds as provided in the Specifications.
The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are
submitted as
correct and final Date
L;-/l-()~
Signed gflJO/r> W1fJClft Te Z1f/(.
<fomp~ny)
BY~ ~e2'
4rJJ1e) l/-/ftlU r;WMJ
hittltNt1 ( T'j. 77SI)l!
(Address)
? 13 tJ l/7-g l/ '10
(Telephone Number)
1til r &0 Mil,;";
Witness
SEAL (if Bidder is a Corporation)
Acknowledge receipt of Addenda Below:
Addendum No.
Date Received
--000--
BP-8
CITY OF LA PORTE
CERTIFICATION BY BIDDER
The undersigned bidder hereby certifies it has been furnished a copy of City of La Porte Ordinance #98-
2217 prohibiting any expenditure for goods or services by the City of La Porte from any person, firm, or
corporation owing any delinquent indebtedness to the City. The undersigned bidder further certifies that it
is in compliance with the requirements of said ordinance.
If undersigned bidder is not in compliance with Ordinance 98-2217, it hereby assigns to the City of La
Porte, the amount of its delinquent indebtedness to the City of La Porte, to be deducted by the City of La
Porte from the amounts due the undersigned.
Failure to remit this certification with the bid, or non-compliance with said ordinance shall be just cause for
rejection or disqualification of bid.
2Undersigned hereby certifies that tt is in compliance with Ordinance 98-2217.
or
_ The undersigned assigns to the City of La Porte, the amount of its delinquent indebtedness, to be
deducted by the City of La Porte from the amounts due the undersigned.
(Initial one of the above)
Printed Name:
Business Name:
Address:
Authorized Signature:
BP-9
STANDARD FORM OF AGREEMENT
CLP Project No. 2003-4401
THIS AGREEMENT, made this 26 day of April, 2004, by and between the
CITY OF LA PORTE, hereinafter called "Owner", acting herein through its CITY
MANAGER and Brooks Concrete, Inc. Strike out inapplicable terms: (a
corporation) (3 partnership) or (3n indi'Jidu.:lI) doing business as:
of Brooks concrete, Inc., County of Harris, and State of Texas, hereinafter called
"Contractor" .
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by the OWNER,
the CONTRACTOR hereby agrees with the OWNER to commence and
complete the construction described as follows:
2004 LA PORTE SIDEWALK IMPROVEMENT PROJECT
CLP PROJECT NO. 2003-4401
hereinafter called the project, for the Total Price of Fifty-Nine Thousand Six
Hundred Fifty-Nine Dollars And Twenty-One Cents ($59.659.21) and all extra
work in connection therewith, under the terms as stated in the General and
Supplementary Conditions of the Contract; and;
Further, that the CONTRACTOR agrees, at his (its or their) own proper
cost and expense, to furnish all the materials, supplies, machinery, equipment,
tools, superintendence, labor, insurance, and other accessories and services
necessary to complete the said project in accordance with:
A. The terms and conditions stated in the Proposal and in the General
Conditions, and Supplementary Conditions of this Contract; Scope of Work
B. The plans, which include all maps, plats, blue prints, and other
drawings and printed or written explanatory matter thereof; and
C. The Specifications and other contract documents therefore, as
prepared by the City of La Porte, all of which are made a part hereof and
collectively evidence and constitute the contract.
The CONTRACTOR hereby agrees to commence work under this contract
on or before a date to be specified in a written "Notice to Proceed" of the Owner
and to fully complete the project within 120 calendar days thereafter.
SF-1
The CONTRACTOR further agrees to pay, as liquidated damages, the
sum of J500 or each consecutive calendar day thereafter as hereinafter
provided in Paragraph SC-6 of the Supplementary Conditions.
IN WITNESS WHEREOF, the parties to these present have executed this
contract, each of which shall be deemed an original, in the year and day first
above mentioned.
City of La Porte
Name of Owner
SEAL
~~Q~L
Attest:
BY:~~
Martha Gillett
By:
Title: City Manager
Title: City Secretary
SEAL
#
~;()~ ?i~~Q~
Witness
By: -
Sig ture of Authorized Person
Aes/i-tN/
Title of Authorized Person
IJO/B Ii/few G-tAltJu fJaJtJJUVtl, l)- 77S-0l{
Address and Zip Code
SF-2
PERFORMANCE BOND
CLP Project No. 2003-4401
STATE OF TEXAS 9
COUNTY OF HARRIS 9
KNOW ALL MEN BY THESE PRESENTS: That of the
City of County of , and State of , as
principal, and 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 (Owner), in the penal sum of
dollars ($ ) 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:
WHEREAS, the Principal has entered into a certain written contract with the
Owner, dated the day of , 2004, to which contract is hereby
referred to and made apart 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;
"PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions
of Vernon's Texas Codes Annotated. Texas Government Code. Chapter 2253, as
amended and all liabilities on this bond shall be determined in accordance with
the provisions of said Article to the same extent as if it were copied at length
herein."
Surety, 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,
shall in any way 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 there under.
PP-1
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed
this instrument this day of . 2004.
Principal
Surety
By:
By:
Title:
Title:
Address:
Address:
The name and address of the Resident Agent of Surety is:
PP-2
THE AMERICAN INSTITUTE OF ARCHITECTS
.
AlA Document A311
Performance Bond
Bond No. 22703828
KNOW ALL MEN BY THESE PRESENTS: that
(Here Insert full name and address or legal title of Contractor)
BROOKS CONCRETE, INC., 4018 Allen Genoa, Pasadena, TX 77504
as Principal, hereinafter called Contractor, and,
WESTERN SURETY COMPANY - PO Box 5077 Sioux Falls, South Dakota 57117
as Surety, hereinafter called Surety, are held and firmly bound unto
CITY OF LA PORTE, 604 W. Fairmont Pkwy, La Porte, TX 77571
as Obligee, hereinafter called Owner, in the amount of
(Here insert full name and address or legal title of Owner)
=IFTY NINE THOUSAND SIX HUNDRED FIFTY NINE DOLLARS AND 21 CENTS Dollars ($), 59,659.21
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors
and assigns, jointly and severally, firmly by these presents.
WHEREAS,
Contractor has by written agreement dated J1 / t r f J..,.b
(Here insert full name, address and description of project)
20 tJ 'I ' entered into a contract with Owner for
CITY WIDE SIDEWALK REPLACEMENT
in accordance with Drawings and Specifications prepared by
(Here insert full name, and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
AlA DOCUMENT A311 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND' AlA 0 .
FEBRUARY 1970 ED . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., NW., WASHINGTON, D.C. 20006
1
PERFORMANCE BOND
NOW, THEREFORE THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and
faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force
and effect.
The Surety hereby waives notice of any alteration
or extension of lime made by the Owner.
Whenever Contractor shall be, and declared by
Owner to be in default under the Contract, the Owner
having performed Owner's obligations, thereunder, the
Surety may promptly remedy the default, or shall
promptly
1) Complete the Contract in accordance with its terms
and conditions, or
2) Obtain a bid or bids for completing the Contract in
accordance with its terms and conditions, and upon
de-termination by Surety of the lowest responsible
bidder, or, if the Owner elects, upon determination by
the Owner and the Surety jointiy of the lowest
responsible bidder, arrange for a contract between
such bidder and Owner, and make available as Work
progresses (even though there should be a default or
a succession of
Signed and sealed this
7- b 1 L...
#(W;.....J
defaults under the contract or contracts of completion
arranged under this paragraph) sufficient funds to pay
the cost of completion less the balance of the
contract price; but not exceeding, including other
costs and damages for which the Surety may be liable
hereunder, the amount set forth in the first paragraph
hereof. The term "balance of the contract price," as
used in this paragraph, shall mean the total amount
payable by Owner to Contractor under the Contract
and any amendments thereto, less the amount properly
paid by Owner to Contractor.
Any suit under this bond must be instituted before
the expiration of two (2) years from the date on which
final payment under the Contract falls due.
No right of action shall accrue on this bond to or for
the use of any person or corporation other than the
Owner named herein or the heirs, executors,
administrators or successors of the Owner.
day of
It/Ill-r
200lf
K CONCRETE, INC.
(Principal)
(Titla)
WESTERN SURETY COMPANY
f (Suraty) (SeGl)
\bEB~~~ ~~-Fact
AlA DOCUMENT A311 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND, AlA O.
FEBRUARY 1970 ED. THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., NW., WASHINGTON, D.C. 20006 2
PAYMENT BOND
ClP Project No. 2003-4401
STATE OF TEXAS 9
COUNTY OF HARRIS 9
KNOW ALL MEN BY THESE PRESENTS: That of the
City of County of , and State of , as
principal, and 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 (Owner), in the penal sum of
dollars <..$ ) 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:
WHEREAS, the Principal has entered into a certain written contract with the
Owner, dated the day of , 2004, to which contract is
hereby referred to and made apart 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 void; otherwise to remain in full force and effect;
"PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions
of Vernon's Texas Codes Annotated. Texas Government Code. Chapter 2253, as
amended and all liabilities on this bond shall be determined in accordance with
the provisions of said Article to the same extent as if it were copied at length
herein."
Surety, 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,
shall in such change extension of time, alteration or addition to the terms of the
contract, or to the work to be performed thereunder.
PP-3
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed
this instrument this day of , 2004.
Principal
Surety
By:
By:
Title:
Title:
Address:
Address:
The name and address of the Resident Agent of Surety is:
PP-4
THE AMERICAN INSTITUTE OF ARCHITECTS
.
AlA Document A311
Bond No. 22703828
Labor and Material Payment Bond
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT
KNOW ALL MEN BY THESE PRESENTS: that
(Here insert full name and address or legal title of Contractor)
BROOKS CONCRETE,INC., 4018 Allen Genoa, Pasadena, TX 77504
as Principal, hereinafter called Principal, and,
WESTERN SURETY COMPANY - PO Box 5077 Sioux Falls, South Dakota 57117
as Surety, hereinafter called Surety, are held and firmly bound unto
(Here insert full name and address or legal tiHe of Owner)
CITY OF LA PORTE, 604 W. Fairmont Pkwy, La Porte, TX 77571
as Obligee, hereinafter called Owner, for the use and benefit of claimants as here in below defined, in the
amount of FIFTY NINE THOUSAND SIX HUNDRED FIFTY NINE DOLLARS AND 21 CENTS
(Here insert a sum equal 10 alleasl on..halfoftbe conlracl price) Dollars ($) 59,659.21
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS,
Principal has by written agreement dated 111j{(J ).b
(Here insert full name, address and description of project)
20 d I.( , entered into a contract with Owner for
CITY WIDE SIDEWALK REPLACEMENT
in accordance with Drawings and Specifications prepared by
Here insert full name, and address or legal title of Archftect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
AlA DOCUMENT A311 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND' AlA. .
FEBRUARY 1970 ED. THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006
3
LABOR AND MATERIAL PAYMENT BOND
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants
as hereinafter defined, for all labor and material used or reasonably required for use In the performance of the
Contract, then this obligation shall be void: otherwise it shall remain in full force and effect, subject, however, to the fol-
lowing conditions:
1. A claimant Is defined as one having a direct
contract with the Principal or with a Subcontractor of
the Prin-cipal for tabor, material, or both, used or
reasonably required for use in the performance of the
Contract, labor and material being construed to
include that part of water, gas, power, light, heat, oil,
gasoline, tele- phone service or rental of equipment
directly applicable to the Contract.
2. The above named Principal and Surety hereby
jointly and severally agree with the Owner that every
claimant as herein defined, who has not been paid in
full before the expiration of a period of ninety (90)
days after the date on whi ch the last of such
claimant's work or iabor was done or performed, or
materials were furnished by such claimant, may sue on
this bond for the use of such claimant, prosecute the
suit to final judgment for such sum or sums as may be
justly due claimant, and have execution thereon. The
Owner shall not be liabie for the payment of any costs
or expenses of any such suit.
3. No suit or action shall be commenced hereunder by
any claimant:
a) Unless claimant, other than one haVing a direct
contract with the Principal. shall have given written
notice to any two of the following: the Principal, the
Owner, or the Surety above named, within ninety (90)
days after such claimant did or performed the last of
the work or labor, or furnished the last of the
materials for which said claim is made, stating with
substantial
Signed and sealed this
II/fl.;f
710
/;
(Witness)
'~~~
accuracy the amount claimed and the name of the
party to whom the materials were furnished, or for
whom the work or labor was done or performed. Such
notice shall be served by mailing the same by
registered mall or certified mall, postage prepaid, in
an envelope addressed to the Principal, Owner or
Surety, at any place where an office is regularly
maintained for the transaction of business, or served
in any manner in which legal process may be served in
the state in which the aforesaid project is located,
save that such service need not be made by a public
officer.
b) After the expiration of one (1) year following the
date on which Principal ceased Work on said
Contract, it being understood, however, that if any
limitation em-bodied in this bond is prohibited by any
law controlling the construction hereof such limitation
shall be deemed to be amended so as to be equal to
the minimum period of limitation permitted by such
law.
c) Other than in a state court of competent
jurisdiction in and for the county or other political
subdivision of the state in which the Project, or any
part thereof, is situated, or in the United States
District Court for the district in which the Project, or
any part thereof, is sit- uated, and not elsewhere.
4. The amount of this bond shall be reduced by and
to the extent of any payment or payments made in
good faith hereunder, inclusive of the payment by
Surety of mechanics' liens which may be filed of
record against said improvement, whether or not claim
for the amount of such lien be presented under and
against this bond
day of
20 ()Lf
(Seal)
WES ERN SURETY COMPANY
(Surety) ($,,81)
~ ~ ~~ f\
D~BI M~ (Tit~eY-ln-Fact
AlA DOCUMENT A311 PERFORMANCE BONO AND LABOR AND MATERIAL PAYMENT BONO' AlA. .
FEBRUARY 1970 ED . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W, WASHINGTON, D.C. 20006
4
POWER OF ATTORNEY
(Irrevocable) BOND No. SP- 22703828
Know All Men by These Presents: .. ..
That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving
officer if desired. That Western Surety Company, a corporation, does hereby make, constitute and appoint the following
authorized individuals:
in the City of THE COLONY , State of TEXAS ,with limited authority, its true and
lawful Attorney(s) in fact with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety,
the following described bond:
ONE BlOt PERFORMANCE~ AND/OR P.AYMENT BONO PROVIDING THE BOND PENALTY
DOES NO EXCeED ONE MILLION AND NO/lOa DOLLARS (**1 000 000.00).
**********************.****************************~***~*********.****
.*******************************.************************************.
*****.****************************************************************
**********************************************************************
The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this
Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company.
All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of
DECEMBER
31
2 006 , but until such time shall be irrevocable and in full force and effect.
MPANY further certifies that the following is a true and exact copy of Section 7 of the By-Laws of Western Surety Company, duly adopted and now
I bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company
ssistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice
cretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies, or undertakings in the
!1lte seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The
any such ;lPe corporate seal may be printed by facsimile."
t ",Xc',
e penal amount of the borici b:erein described may be increased if there is attached to this Power, written authority so authorizing in the form of an endorsement, letter or
"'" signed by the S '. ritin!! Officer, Underwriting Officer, President, Vice President, Assistant Vice President, Treasurer, Secretary or Assistant Secretary of Western
. '~ompl'!1Y specific ng Said increase.
~~j~SS:WHE~. ~ern Surety Company has caused these presents to be executed by its Executive Vice President with its corporate seal affixed this 2nd
"# 0 ~ ""'~-' ''>
d ''dt /-'f')' "~<I~;>$i'\'.)<""'<- .[~
ay" Y:'p;;#:'",""' , J~;~;i%~
t't$l'H\'W".%i
STATE o:F"SOVTH DAKOTA}
ss.
COUNTY OF MINNEHAHA
On this 2nd day of April , in the year 2001 . before me, a Notary Public, personally
appeared Stephen T. Pate, who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid offi r of WESTERN SURETY CaMP ANY and
acknowledged said instrument to be the voluntary act and deed of said corporation.
2001
WESTERN SURET~MPANY
By ~"~~:'i~
_._~.
"'~i'JI'.1' .'.~~'~~~/""'~I
~ NOTARY PUBLIC ~
~ SOUTH DAKOTA ~
My Commission Expires 11.30.2006
I, the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full
force and effect and IS irrevocable; and furthermore, that Section 7 of the By-Laws of the company as set forth in the Power of Attorney, is now in force.
Notary Public, South Dakota
*IMPORTANT: This date must be filled in before it is attached
to the bond and it must be the same date as the bond.
Form 749-4-2001
In testimony whereof, I have hereunto set my hand and the seal of Western Surety Company this' ---'--._ day of
WESTERN SURET~OMPANY
By ~ve~:Pres~
NOTICE: This border must be BLUE. If it is not BLUE, this is not a certified CODV. _
.~)
This doCument has important legal consequences; consultation with an attorney is encouraged with respect to its use or "
modification. This document should be adapted to the panicu1ar circumstances of the contemplated Project and the
ControUing Law.
STANDARD
GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
Prepared by
ENGINEERS JOINT CONTRACT DOCUMENTS COf\Bu.l"l"EE
and
A
Issued and Published Jointly By
_Natlonal'SOCiety 01
ProIessional Eng;neers
"""us,'''''' En,m.....1n ""'* I'1Ida
AKI
):
AMER.ICAN CONSULTING
ENGINEERS COUNCIL
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
. a practice division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
AMERICAN SOCIETY OF
CIVIL ENGINEERS
AMERICAN CONSULTING ENGINEERS COUNCn.
" AMERICAN SOCIETY OF CIVIL ENGINEERS
This document haJ been approVed and endorsed by
. Tho ~ Geocnl T Coattar:Ion of America
Construction Specifications Institute
~5:7
These General ConditioDs have been prepared for use with the Owner-Contractor Agreements (No. 1910-8-A-l or 1910-
8-A-2) tl996 Editions). Their provisions are iDtem:1atcd and a change in one may necessitate a change in the other.
Comments concerning their usage ~ contained in the EJCDC User's Guide (No. 1910-50). For guidance in the
preparation of Supple~ Conditions, see Guide to the Preparation of Supplementary Conditions (No. 1910-17)
(1996 Edition).
)
BJCDC No. 1910-8 (1996 Edition)
.... ."
'--'
~ytig)1t ~1996
1'l~~of~~
\41.1l y;in& sue<'> ~ 'I ~ 'lZ3\4
~~~~.
1015 \SIll sueet 1'l~ ., 'W~ J)C '1fi$!i
~~Ofcr<l\~
;45 BaS' 41tll sue<'> 1'l'" y...... N'l \00\1
00100 - '1
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TABLE OF CONTENTS
'~)
"
'.)
ARTICLE 1 - DBFINITlONS AND TERMINOLOGY
1.01 Defined Tunu
1.02 'J;erminology . .
ARTICLE 2 - PRELIMINARY MATTERS
2.01 Delivery of Bcmds ...,..
2.02. Copil!8 of DOQl17Jents ............................................
2.03 CommencemDlt of CQntract Tunu; Notice to Proceed
2.04 Starting 'the Work, .......
2.05 Bqore. Staning Construction
2.06 PnconstT1ldion Conference. .
2.07 Initial ACceptDncl!. of Sc1I.etbdes
ARTICLE 3 - CONTRACT DOCUMENTS: lNTENT, AMENDING, REUSB
3.01 !ntl!.1lt
3.02 Re/UI!.1lCe.Standards
3.03 Reporting and Ruollling Discrtpa1lciu
3.04 Amending and ~plementinr ConlTact Documents
3.05 Rms~ of Doalmenu .. .. .. .. .. .. .. .. .. .. .. .. . . .. .. . .. .. ..
ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL C9NDITIONS;
REFERENCE POINTS
A wzilDbility oj Lant:Is
Sub~wface. and Phyrical Condilions
Differing Submrface Dr P!'Yrical Conditions
,Untkrgrountl Facilities .. . . . . . . . . . . .
Rqerl!.1lCfl PDitItI .. .. II." II .. .. .. .. .. .. .. .. .. .. .. ..
4.06 HIiVlT'dous EnvUoniiJt!1lial Cimdition al Site
ARTICLE 5 - BONDS AND INSURANCE .. . . . . . . . . .
5.01 Puforman.ct, payment, and Other Bonds
5.02 Lice.nsed Sureties and.l1tSllTU1
5.03 Cmlficates ofl~e . ;,' . .
5.04 CONT.R.4CTOR', LiabiUty Insurance.
5.05 OWNER's LitJbility Insurance. ..' .
5.06 PropI!.TtJ Insrmzzice.
5.07 Waiver of Rights ..
5.08 Receipt and AppUcation of Insuraru:e. Proceeds
S .09. Accepttmce oj Bonds an4Insurance: Option 10 Rtp14ce
5.10 Partial Utiliuztion. Acbaowltdgmtnt of Property 1nsurer
ARTICLE 6 - CONTRACTOR'S RESPONSmILITIE.S
6.01 Supervision aM Superintendence. . .
6.02 . Labor; Wolting HOID'I, .........
6.03 ServiceJ, Materials, tmd Equipment . . ,
6.04
6.05
6.06
6.07
6.08
6.09
6.10
6.11
6.12
6.13
6.14
6.15
. . .
. .
,
. .
. . .
'.
.....................
4.01
4.02
4.03
4.04
4.05
.. \...~,"
. .. . .
. . .
Progr~ Schetlul.e ......... ~ . .
Substitutu and -Or-Equals. . . . . . .
Concmdng Subcontractors, SuppUUI, and Otherz . .
Patent Fees and Royalties
. ,
. , .
PeT'7llits ~ . . . . . . . .
),
Laws and RtgulatiD1/S
Taxu ...........
Use. of SUe and Other Areas
Record DDClDflentt . . .
Safety and Protection
Safety Representative
HrIuud Communication Prog1'fl11!S
. eo.
. . .
. .. .
.....
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'~
. 00700 - 6
.....00700-6
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6.16 Emergencies .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 23
6.17 Shop Drawings and Samples . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . . . . 00700 - 23 j !
6.18 Continuing the Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 24 I ';
6.19 CONTRACTOR's General Warranty and Guarantee. . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 2S
6.20 Ind.t!!III1Iijication. . . . . . . . t . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 25 I I
ARTICLE 7 - OTIIER. WORK ..............,...................... . . . . . . . . . . . .'. . 00700 - 26 i \
7.01' Related Wor1c at Site .'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 26 ' :
7.02 Coordination. . . . . . . . . . . . .. .. .. .. .. . .. . . . .. .. !' .. . .. .. .. .. .. .. . .. .. . .. . . . .. . . '. . . .. .. .. .. 00700 - 2.6 I
ARTICLE 8 - OWNER'S RESPONSmn.nms ........................................ 00700 - 26 .. :
8.01 Co17l1tlll1lication.r to Contractor .... .. .. . . . . . .. . .. .. .. . . .. . . .. . . .. . . .. .. .. .. . . .. .. . . .. .. .. ~ 00700 - 26
8.02 Replq.cement of ENGINEER . . .'. '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .:. . 00700 - 26
8.03 Furnish Dalfl ...................... .' . . . . . . . . . . . . . . . . . . . . . . . . . . .'. 00700 - 26 I ;
8.04 Pay Promptly 'H71J.en Du~ .... .. .' . . . . . .. . . . . . . . . .. '. . .. .. . . . . . . . . . .. .. . . . . . . . . .. . 00700 - 26
8.0S Lands. and Easements,' Reports and Tests. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; . . 00700 - 26
8.06 llUWan.ce. . . . .. . . .. . . . . .. . . .. . . . . . . .. . .. . .. . .. . . . . . . . . . . ... . . . . . . . . . . . . 007()() - 27 I.
8.07 Ouznge Orders ...:.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 27 1:
8.08 Inspeaions, Tests, and Approvals ....................................., 00700 - 27
8.09 Limitations 011 OWNER's Responsibilities ................................; 00700 - 27 I
8.10 Undisclosed Hazardous Environmental Condition ............................ 00700 - 27 \ j
8.11 Evidence of Firumcial Arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 27 :!
ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION. '.' . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 27.
9.01 OWNER'S Representative ... ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 27 \ \
9.02 Visit! to Sitt! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -. . . . . . . . . . . . . 00700 - 27 .!
.'
9.03 Project Representative .......................:. ::1. . . . . . . . . . . . . . . . . . . 00700 - 27
9.04 Clarifications and Interpretations ...................................... 00700 - 28 ';
9.0S Authorized Variations in Work ........................................ 00700 - 28 i 'j
9.06 Rejecting Defective Work . . . . . . . . . . . . . . . . . . . . . ~ . . . . . . . . . . . . . . . . . . . . . . 00700 - 28
9.07 Slwp Drawings, Orange Orders and Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 28
9.08 Del.erminations for Unit Price Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 28 ! I:,!
9.09 Decisions 011 Requirements of Contracl Documenu and Acceptability of Wor1c .. . . . . . . . . " 00700 - 28
9.10 Umitations on ENGINEER', NIthority and ResporWoilities ... . . . . . . . . . . . . . . . . . . . 00700 - 28
ARTICLE 10 - CHANGES IN THE WO~ CLAIMS ......................:............ 00700 - 29 :,
10.01 Authorized Ouzngu in the Wo11c .... . . . . . . . . . . . .'. . . . . . . . . . . . . . . . . . . . . . . 00700 - 29 I
10.02 UlJtZJllhorited Dlanges in eM Work ..................................... 00700 - 29
10.03 Exealtion of Oaange Orders ". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 29
lO.Q4. Not{fi.cation. to Surety I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 29
10.0S Oo:ims and DisprdU . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 30 f_
ARTICLE 11 - COST OF THE WORK.; CASH ALLOW ANCBS; UNIT PRICE WORK . . . . . . . . . . . . . . 00700 - 30
11.01 Con of the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 30
! ,
11.02 Cash Allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 32
11.03 Unit Pria Wort ................................................. 00100 - 32
ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGB OF CONTRACT TIMES .....:....... 00700 - 33
-12.01 OJQiI.ge 01 Contract Price ........................................... 00700 - 33
12.02 Oaan.ge of Contract Tr.mes . . . . . . . . . . . . . . . . . ~ . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 33
12.03 Delays Beyond CONTRAeroR', Control .................,................ 00700 -,33
12.04 Delays Wuhin CONTRAeroR', Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 34
12.05 Delays Beyond OWNER', and CON17t4CI'OR', Control . . . . . . . . ~ . . . . . . . . . . . . . . . 00700 - 34
12.06 Delay DtI1ntlgu . . . . . . ~ . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . 00700 - 34
ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF
Notice of Defects
. '
. I . . . . . . . I. . . . I I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
00700 - 34
00700 - 34
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00700 - 3S
00700 - 3S
00700 - 3S
~
DEFECTIVE WORK . . . . . . . ..' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13.01
13.02
13.03
13.04
13.05
13.06
Access to Wor1c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
T~str and InspectioILJ ...............................................
Uncoverin.g Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
O'WNER May Stop the WoTi' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Correction or Removal of Defective Work ..................................
00700 - 4
~/...,-,
\. .'\
Correction Period .......
Acceptance of Defective Work .
13.09 OWNER May Correct Defective Work. .
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION
14.01 Schedule oj Values . . . . . . . . . . . .
14.~ Progres, Payments. . . . . . . . . . .
14.03 CONIlUcrOR's Warrant)' of lit II!
14.04 Substantial Completion
14.05 Partial Utilization
14.06 Fmal Inspection
14.07 FmaI Paymmt
14.08 Fmal Completion Delaytd
14.09, WaiwrofOaims......
ARTICLE 15 - SUSPENSION OF WORK. AND TERMINATION
15.01 OWNER May Suspend WoTi . . . . . . . . .
IS.02 OWNER May Terminate for' Cause. . . . . .
IS.03 OWNER M1l'J Terminate For Convenience
15.04 CONTI<<C1'OR May Stop Work or Tenninare. ..'..
ARTICLE 16 - DISPurB RESOLUTION
1~.01 Methods and Procedures
ARTICLE 17 - MI~US . .
17.01 Giving Notice. . . . .
11.02 Computation of Tunu
17.03 Cumulative Remedies
17.04 Survival of ObUgano1U
17.05 ContrplUng Law
13.01
13.08
. . .
. . ,,:-. ,-
. It .. . .
.. .. . .. .
('
'..
..,/'
~
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00700 - S
. . . ..
:'
." . .
,.
. -. .
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I
! I
GENERAL CONDITIONS
ARTICLE 1 - DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms
A. Wherever used in the Contract Documents and
printed with initial or all capital letten, the terms listed
below will have the meanings iridicated which are applicable
to both the singular and plural thereof.
1. Addenda-Written or graphic instruments issued
prior to the opening of Bids which clarify, correct, or
change the Bidding Requirements or the Contract
Documents. .,.:,
2. Agreement-The written instrument which is
evidence of thCl agreement between OWNER and
CONTRACTOR covering the Work.
3. Application/or Payment-The form acceptable to
ENGINEER wbich is to be used by CONTRACTOR
during the course of the Work in requesting progress or
final payments and which is to be accompanied by such
supporting documentation as is required by the Contract'
Documents.
4. Asbestos-Any material that contains more than
one percent asbestos and is friable or is rclea!:lT\g asbestos
fibers into the air above current action levels established
by the' United States Occupational Safety and Health
,A. dminh:tra.tion.. .
S. Bid- Tbc offer or proposal of a bidder submitted
on the prescn'bed form setting forth the prices for the
Work to be performed..
6. Bidding Documents-The Bidding Rcquiremcnts
and . the proposed Contract DOcuments (mcluding all
Addenda issued. prior to receipt of Bids).
7. Bidding Requirements-The Advertisement or
Invitation to Bid, Instructions to Bidders, ~id security
form, if any, and the Bid form with any supplements.
"
8. Bonds-Performance and paymcm bonds and
other instruments of security.
9. Oumge Order-A docmnent recommended by
ENGINEER wbich is signe~ by CONTRACTOR and
OWNER. ind .authorizes an addition. deletion, or revision
. in the Work or an adjustment in the Contract Price or the
Contract Tunes, issued on or after the Effective Date of:
the Agreement. j i
. 10. Claim-A demand or assertion by OWNER or; "
CONTRACTOR seeking an adjustment of Contract Price! i
or Contract Times, or both, or other relief with. respect to
the terms of the Contract. A demand for money or I .
. services by a third party is not a Claim. , i
. ! I
11. Contract-The entire and integrated written
agreement between the" OWNER and CONTRACTOR I ,
conccming the Work. The' Contract supersedes prior! ,I
negotiations, representations, or agreements, whether '
written or oral ' :
. II
12. Contract Documents-The Contract Documents ;; I
establish the rights and obligations of the parties and, .
include the Agreement, Addenda (which pertain to the I \
CQntract Docruments). CONTRACTOR's Bid (including J.
documentation accompanying the Bid and any post Bid
documentation submitted prior to the Notice of Award)'; ;
when attached as an exhibit to the Agreement, the Notice : I,
to Proceed, the Bonds, these General Conditions, the ';
Supplementary Conditions, the Specifications and the '
Drawings as the same are more specifically identified in I ,I
the Agreement, tog~er with all Written Amendments, . :
Clangc Orders, Work Change Directives, Field Ordeal '
and ENGINEER's written interpretations and:
clarifications issued on or after the Effective Date of the ! .
AgrcerDent. Approved Shop Drawings and the reports
and drawings of subsurface and physical condi~ODS are :
not Contract Documents. Only printed or hard copies of . ,
the items listed in this paragraph are Contract Documents. ..'
Files in electronic media format of text, data, graphics,
and the like that may be furnished by OWNER. to ~
CONTRACTOR are not Contract Documents.
13. Contract Price-The moneys payable by OWNER.
to CONTRACTOR for completion of the Work in
accordaDce with the Contract DocuD'1~nts as stated in the
Agreement (subject to the provisions of paragraph 11.03
in the case of Unit Price Work).
14. Contract 7ime.r-Thc number of days or the dates
stated in the Agreement to: (i) achieve Substantial ~
Completion; and (Ii) complete the Work so that it is ready .
for final payment as evidenced by ENGINEER's writte~
recommendation of final payment.
15. CONI'RACTOR- The individual or entity with
whom OWNER has entered into the Agreement.
.00700 - 6
" "''-1",
, 1
16. Cost of the Work-See paragraph 11.01.A for
definition.
17 . Drawings-That part of the Contract Documents
. prepared or approved by ENGINEER which graphically
shows the scope, extent, and character of the Work to be
performed by CONTRACTOR. ' Shop Drawings and
other CONTRACTOR submittals are not Drawings as so
defined.
~.
~tI
rP-
18. Effective Dat~ 0/ the Agreement-The date
jndicated in the A.grcement on wbi~ it becomes effective~
but if no such date is indica~ 'it'meaDs the date on
which the Agreement is signed and delivered by the last
of the two parties to sign and deliver.
.19. ENGINEER-.The individual or entity named as
such in the ~!--
20. ENGINEER', Consultant-An individual or entity
having a contract with BNG~ to furnish services as
ENGlNEER.'s independent professional assoCiate or
consultant with respect to the Project aDd who is
identified as such in the Supplementary ConditioDS.
21. Field Onhr-A written order issued by ENGI-
NEER which requires minor Changes in the Work but
. which does not involw a change in the Contract Price or
the Contract T"LmCS. " .
22. GenDrzl Requirements-Sections of Division 1 of
~ Specifications. The General Requirements pertain to
all septions of the Specifications.
23. llJ1z.ardmu Environmental Condition-The
presence at the Site of Asbestos: PCB" Petroleum.
Hazardous Waste, or Radioactive Material. in such
quantities or circDmstaDccs that may present 'a substantial
dangCt' to penons or property exposed thereto in
connection with the Work.
24. Ha:zardmu Waste-The term Hazardous Waste
shall have tho m~"inl provided in Section 1004 of the
Sond Waste Disposal Act (42 use Section 6903) as
amCDdcd from. time to time.
j
2S. LawI tmd Regulations: Laws or Regulations-Any
and all applicable laws, rol.,., regulations,. ordinances,
codes, and orden of any and all govcnn:nental bodies,
ageQCies,.~, and courta having jurisdiction.
26. Lie1u-Clargel, security interests, or
encumbrances upon Project fl:mds, real property, or
personal property.
27. Milestone-A principal event specified in the
Contract Documents relating to an intermediate comple-
tion date or time prior to Substantial Completion of all the
Work.
28. Notice of Award-The written notice by OWNER
to the apparent successful bidder stating that upon timely
compliance by the apparent successful bidder with the '.
coDditioos precedent listed therein. OWNER will sign and
deliver the Agreement.
29. Notice .to Proceed-A written notice given by
OWNER to CONTRACfOR fixing the date on which the
Contract Tunes will comm~ to run and on which
CONTRAcroR shall.start to perform the Work under
the Contract Documents.
30. OWNER-The individual, entity, public body, or
alcltho~ with whom CONTRACTOR has entered into
the Agreement and for whom the Work is to be
perfo~ed.
31. Panial, UtiIization-Use by OWNER of a substan-
tiaDy completCd part of the Work for the purpose for
which it is intended (or a related purpose) prior to
Substantial Completion of all the Work.
32. PCBs-Polychlorinated biphenyls.
33. Petroleum-Petroleum. including crude oil or any
fraction thereof which is nquid at standard conditions of
temperature andpressurc (60 degrees Fabrcnbeit and 14.7
. pi::nmds per square inch absolute). such as oil, petroleum;'
fuel oil, on sludge, oil refuse, gasoline, mosene, and oil
mixed with other non-Hazardous Waste and crude oils.
34. ProJect-The total construction of which the
Work to be" performed under the Contract Documents
may be the whole, or a part as may be indicated
elsewhere in the Contract Documents.
35. ProJed Manual-The bound documentary
mformatjon prepared for bidding and constructing the
Work. A listing of the contents of the Project Manual,
which may bo bound in one or more volumes, is
r.nntaJDed in the table(s) of ~.
36. RodioactiveMatmal-Scmrcc. special nuclear, or
byproduct maIr:rial as defined by the Atomic Energy Act
of 1954 (42 USC Section 2011 et seq.) as amended from
time to time.
37. ResitJ!!lfl Project Repre3watil'e- The authorized
represemativc of ENGINEER. who may be assigned to the
Site or my part thereof.
00700 - 7
. 38. Sanq:>le.s-Physical examples of materials,
equipment, or workmanship that arc representative of
some portion of the Work and which establish the
standards by which such portion of the Work will be
judged.
39. Shop Drawings-All drawings, diagrams, illustra-
tions. schedules, and other data or information which are
specifically prepared or assembled by or fo~ CON-
TRACTOR and submitted by CONTRACTOR to
illus~te some portion of the Vfork.
40. Site-Lands or areas Indicated in the Contract
DOCuments as being furnished by OWNER upon which
the Work. is to be perfonned, including rlgbts-of-way and
easements for access thereto, and such other lands
furoished by OWNER which are designated for the use of
CONTRACTOR. .
41. Specificadons- That part of the Contract
Documents consisting of written technical descriptions of
materials, equipment, systems, standards, and
worlc:m.aI1Ship as applied to the Work and certain
a(fm;ni!:trative details applicable thereto.
42. Subcontractor-An individual or entity having a
direct contract with CONTRACTOR or with any other
Subcontractor for the performance.of a part of the Work
at the Site.
43. Substantial Completion-The time at which the
Work (or a specified part thereof) has progressed to the
point .where, in the opinion of ENGINEER. the Work (or
a . specified part thereof) is sufficiently complete, in
accordance with the Contract ~, so that the
Work (or a specified part thereof) can be utilized for the
purposes for which it is intended. The terms
"substantially complete" and "substantially completed" as
applied to all or part of the Work refer to Substantial
Completion thereof.
44. Supplementary ConditiOIfJ'- That part of the
COOttact DOCUIDCDts which amends or supplements these
General ConditioDS.
45. Supplier-A manufacturer. .fabricator, supplier,
distributor, materialman. or vendor having a direct
contract with CONTRACTOR or wiJh.any Subcontractor
to fumish materials or equipment to be incorporated in
the Work by CONTRACTOR or any Subcontractor. .
46. Underground Facilities-All underground
pipelineS, conduits, ducts, cables, wires, manholes,
vaults, tanks, tunnels, or other such facilities or
attachments, and any encasements containing such
facilities, including those that convey electricity, gases,
00700 - 8
I :
steam, liquid petroleum products, telephone or other
communications, cable television, water. wastewater J !
storm water. other liquids or chemicals, or traffic o~ I
other control systems. .
I .
47. Unit Price Work-Work to be paid for on thd i
basis of unit prices. . I .
48. Work-The entire completed construction or ~ !
various separately identifiable parts ther~f required to bel !
provided under the Contract Documents. Work includes.
and is the result of performing or providing all labor.1 !
services, and documeDtation necessary to produce such- .:
construction, and furnishing, installing, and incorporating
all materials and. equipment into such construction, all asll
required by the Contract Documents. ; I,
49. Work- Change Directive-A written statement to,
CONTRACTOR issued on or after the Effective Date ofl \
the Agreement and sigilcd by OWNER and recommended '
by ENGINEER ordering an addition, deletion, or revision
in the Work, or responding to differing or unforeseen! I
subsurface or physical conditions under which the Workl..,
is to be performed or to emergencies. A Work Change
Directive will not change the Contract Price or the: I
Contract.Tunes but is evideoce that the parties expect that! ':
the bliaIige ordered or documented by a Work Change. ,I.
D~w 'Will be incorporated in a subsequently issued.
Change Order following negotiations by the parties as to: \
its effect, if any, on ~ Contract Price or COl11ract' I,
Tunes. ... . '.. ..
, i
SO. Written .Amendment-A written statement!,
modifying the Contract Documents, signed by OWNER .'
and CONTRACTOR oh or after the Effective Date of the .
Agreement and nonnaUy dealing with the nonengincering ~ :
or ncmtcchnica1 rather than strictly construction-related'....
aspects of the Coniracr~OCUIf1ents.
i ~
1.02 Terminology
A. Intent of Certain T~ or Adjectives
1. Whenever in the Contract Documents the terms
- as allowed,. - as approved," or terms of like effect or
import are used, or the adjectives -reasonable, -,
-suitable,. · acceptable , .. .proper, - · satisfactory, · or '.
adjectives of like effect or import are used to descn"be an
action or determination of ENGINEER as to the Work., it \
is intended that such action or determination will be solely v
to evaluate, in general. the completed Work for
compliance with the requirements of and information in .
the Contract Documents and conformance with the design :
concept of the completed Project as a functioning whole
as shown or indicated in the Contract Documents (unless
there is a specific statement indicating otherwise). The :
~
use of any such term or adjective shall not be effective to
assign ~ ENGINEER any duty or authority to supervise
or direct the performance" of the Work; or any duty or
authority to undertake responsibility contrary to the
provisions of paragraph 9.10 or any other provision of the
Contract Documents.
B. Day
ARnCLE 2 - PRELIMINARY MATTERS
2.01 DeUver)' of Bonds
A. When CONTRACTOR delivers "the executed
Agreements to OWNER, CONTRACTOR shall also deliver
to OWNER such Bonds as CONTRAcroR may be required
to furnish. "
1. The word -day" shall constitute a calendar day
of 24 hours measured from midnight to the next midnight. 2.02 Copier u.f Doc:rmaerit.r "
.
C. Defective
1. The word -defective, .. when modifying the word
"'Work. .. refen to Work that is unsatiSfactory, faulty, or
deficient in that it docs not conform to the Contract
Documents or does not meet the requirements of any
inspection. reference standard, test, or approval referred
to in the Contract Documents, or has been damaged prior
to ENGINEER's recommendation of final payment
(unless responsibility for the protection thereof has been
asS1.1D1Cd by OWNER at Substantial Completion in accor-
dance with paragraph 14.04 or 14.05).
D. Furnish, Install, Perform, Provide
~.
.1. The word &i'urribh," when used in coDnCCtion
with services, materials, or equipmCnt. "shall mean to
supply and deliver said services,lD4lteria1s, or equipment.
to the Site (or sotne other specified location) ready for use
or installation and in usable or operable condition.
2. The word -install,. when used ~ connection
with services, materials, or equipm~ shall. mean to put
into use or place in final position said services, materials,
or equipment complete ~ ready for intended USe.
3. The words .perform" or -provide, · when used
in coDDCCtion with services, materials, or equipment.
shall mean to fumish and install said services, materials,
or equipme:nt complete and ready for intended use.
,
4. When.furnish," -install,. aperform," or &pro-
vide" is not used in coDDCCtion with services, materials,
or equipment in a context clearly i'eqUiring an obligation
of CONTRACTOR, &provide."is. implied.
B. Unless stated otherwise in the Contract Documenta,
words or phrases which have a well-known technical or
construction ~ or trade meaning are used in the
Contract DocumentJ in accordance with such recognized
mellni~g.
A. OWNER shall fumish to CONTRACTOR up to ten
copies of tbD Contract Documents. Additionai copies will De
fumishcd upon request at the cost of reproduction.
2.03 " Commt:ncemenr of Contract Times; Notice to Proceed
. . .....
A. The: Contract Times will commence to run on the
tbirtieth day after the Effective Date of the Agreement or, if
a Notice to Proceed is given. on the day indicated in the
Notice to Proceed. A Notice to Proceed may be given at any
time within 30 days after the Effective Date of the
Agteemcnt. In DO event will the Contract Times commei1ce
to run laIer than 1be sixtieth day after the day of Bid opening
or the Ibirtieth day after the Effective Date of the Agreement.,
whichever date is earlier. "
2.04 Starting the Woric .'. ."
.,. I ,.r;
A. CONTRACTOR. shall start to perform the Work on
the date when the Contract Tunes commence to run. No
Work shall be done at the Site prior to the date on which 1he
Contract Tunes commence to run.
2.05 Btifore Staiting Construction
A. CONTRACI'OR's Review of Contract Document::
Bcfore1JDdcrta1dng each part oftbe Work, CONTRACTOR
shall carefully study and compare the Contract Documents
and check and verify pertinent figures therein and all
applicable field. measurements. CONTRACTOR shall
promptly repDrt in writing to ENGINEER. any conflict. error,
ambiguity, or discrepancy which CONTRACTOR may
disCOYel' and shall obtabl a written interpretation or
clarification from ENGINEER before proc:ecdin.g with Ill)'
Wcxk affected thereby; hoWever. CON:fRACTOR shall Dot
be Hable to OWNER or ENGINEER. for failure to report any
conflict. mor, ambiguity, or discrepancy in the: Contract
DocUments unless CONTRACTOR knew or reasonably
should have known thereof.
B. Preliminary Schedules: WIthin ten days after the
Effective Dale of the Agreement (unless otherwise specified
00700 - 9
in the General Requirements), CONTRACTOR shall submit
to ENGINEER for its timely review:
1. a preliminary progress schedule indicating the
times (numbers of days or dates) for starting and
completing the various stages of the Work, including any
Milestones specified in the Contract" Documents;
2. a preliminary schedule of Shop Drawing and
Sample submittals which wi1llist each required submittal
and the times for submitting, reviewing, and processing
such submittal; and
3. a prelim;muy schedule of values ,for aU of the
Work which includes quantities and prices of items which
when added together equal the Contract P.rice and subdi-
vides the Work into component parts in sufficient detail
to serve as the basis' for progr~sl payments during
performance,of the Work. Such prices will include an
appropriate amount of overhead and profit applicable to
each item of Work.
C. Evidence of Insurance: Before any Work at the Site
is started, CONTRACTOR and OWNER shall each deliver
to the other, with, copies to each additional insured identified
in the Supplementary Conditions, certificates of insurance
(and other evidence of insurance which. either of them or any
additional insuted may reasonably request) which
CONTRACTOR and OWNER IeSpcctive1y are'required to
purchase and maintain in accordance with,~le S.
2.06 Preconstruction Conference
A. Within 20 days after the Contract Tunes start, to run,
but before any Work at the Site Is S~.I conference.
attended by CONTRACTOR, ENGINEER, and others as
appropria1c will be held to establish a working understanding
among the parties as to the Work and to discuss the schedules
referred to in paragraph 2.OS.B, procedures for handling
Shop Drawings and other submittals, processing Applications
for Payment, and ma;nta;nmg required records.
2.07 Initial Acceptance of Sdtedulu
A. Unless otherwise provided in the Contract Docu-
meDtJ, at least ten dqs before submission of the first
Application for Payment a conference attended by CON-
TRACl'OR. ENGINEBa. and others as appropriate wm be
held to review for acceptability to ENGINEER as provided
below the schedules submitted in accordance with paragraph
2.05 .B. CONTRACTOR shall have an additional ten days to
. make corrections and adjustments and to complete and
resubmit the schedules. No progress paymen1 shall be made
to CONTRACTOR until acceptable schedules are submitted
to- ENGINEER..
I '
1. The progress schedule will be acceptable to
ENGINEER if it provides an orderly progression ar"thel' i'
Work to completion within any specified Milestones and "I
the Contract Tunes~ Such acceptance will not impose on .'
ENGINEER responsibility for the progress schedule, for I "
sequencing, scheduling, or progress' of the Work DOr! i
interfere with or relieve CONTRACTOR from' .
CONTRACTOR's full responsibility therefor. I "
2. CONTRACfOR'sscheduleOfShopDrawingandl i
Sample submittals will be lceeptable to ENGINEER if it ,
. provides a workable arrangement for reviewing and) :
processing the required submittals. ',!
3. CONTRAClOR's schedule of values will bel I
. I
acceptable to ENGINEER as to fonn and substance if it i I
provides a reasonable allocation of the Contract Price to . .,
component parts of the Work. .
i I'
I ,
:. j
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE \ I'
: I
..
3.01
Intent
: I'
I I
I ,
I I
A. The Contract Documents are complementary; what,!
is called for by on~ is as binding u if oalled for by all.
! i
. ."' i I
B. It is the intent ofthc ~.Documcnts.to describe' .
a functionally complete Project (or part thereof) to be
constructed in 'accordance with the Contract Documents. i .
Any labor, documentation, services, materials. or equipment : . :
that may reasonably be inferred from the Contract Docu- ,.
ments or from prevailing custom or: trade usage as being
required to produce the .btteOOCd result will be provided ,
whether or not specifically called for at no additional cost to '"-
OWNER..
. ,
C. Clarifications and interpretations of the Contract i.:
Documents shall J>e issued by ENGINEER as provided in
Article 9.
3.02 Reference Standards
A. Slandtzrfb( . SpecijiCtllions, Codes, Laws, and;
RegulatiolU .
1. Reference to standards, specifications, manuals, i
or codes of any tecl1n;ca1 society. organization, or,.
association, or to Laws or Regulations. wbcthcr such
reference be specific or by implication, shaD mean the '
standard. specification. mllml111, code, or Laws or Regula- __
tions in effect at the time of opening of Bids (or on the -.'
Effective Date of the Agreement if there were DO Bids), '
00700 - 10
t
except as may be otherwise specifically stated in the
Contract Documents.
2. No provision of any such standard, specification,
manual or code, or any instruction of a Supplier shall be
effective to change the duties or responsibilities of
OWNER, CONTRACTOR, or ENGINEER, or arty of
their subcontractors, consultants, agents, or employees
from those set forth in the Contract Documents, nor shall
any such provision or instruction be effective to assign to
OWNER, ENGINEER, or my of ENGINEER's
Consultants, agents, or employees any duty or aUthority
to supervise or direct the performance of the; Work or any
duty or mthority to undertake responsibility inconsistent
with the provisions of the Contract Documents.
3.03 Reporting amI Resolving Discrepanciu
A. Reporting Discrepancies
~.:.
. . .
. .
1. If, during the performance of the Work,
CONTRACTOR discovers any coDflict, error, ambiguity,
or-discrepancy within the Contract Documents or between
the Contract Documents and atrJ provision of any Law or
Rcgulalion applicable to the performance of the Work or
of;my stabdald. sp=~catiollt'mAmJal or code. or of any
inst:rodion of faiy SUpplier, CONTRACTOR shall report
it to ~GINImR. in writing at O~. ' CONTRACTOR
shall not ~ with the Work affected thereby (except
in an cmergeucy as required by paragraph 6.1,6.A) until
an ~ent or supplement to the Contract Documents
has been issued by one of the methods indicated in
paragraph 3,,04; provided, however, that CONTRACTOR
shall not be liable to OWNER or ENG~ for fallutc
to report my ~ conflict. ~r, ambiguity, or dis-
crepancy unless CONTRACTOR knew or reasonably
should hue known thereof.
B. Resolving Discrepancies
1. 'Except as may be otherwise specifically stated in
the CcJn.tract Documents, the provisions of t,he Contract .
Dot!UQ)I'mU sbaJl take precedence in resolving any
conflict, error. ambiJUity. or discrepancy between the
provisions of the Contract Documents and:
.~ -. '
~ '.' the provisions of any standard, specification.
manual, code, or Instruction (whether or not specifi-
cally incorporated by reference in the Contract
I>oc:umeDD); or
~
."
b. the provisions of any Laws or Regulations
applicable to the performance of the Work (unless
such an interpretation of the provisions of the
Contract Documents would result in violation of such
Law or Regulation).
3.04 Amending and Supplt!menting Contract Documents
'A. The Contract Documents may be amended to provide
for additions, deletions, and revisions in. the Work or to
modify the terms and conditions thereof in one or more of the
following ways: (i) a Written Amendment; (h) a Change
Order; or (ill) a Work Change Directive.
B. The requirements of the Ccmttact DocUments may be
supplemented, and minor variations and ,devia~ons in the
Work may be authorized, by one or more of'the following
ways: (i) a Field Order; (ul ENGINEER's approval of a
Shop Dnwing or Sample; or (w) ENGINEER's written
interpretation or clarifICation. '
3.05 Reuse of Docummtl
A. CONTRACTOR and any Subcontractor or Supplier
or other individual or entity performing or furnishing any of
the Work under a direct or indircct contract with OWNER:
(i) shall not have or acquire any title to or ownership rights
in any of the Drawings, Specifications. or other documents
(or copies of any ~reof) prepared by or bearing the seal of
ENGINEER or' . ENGINEER's. Consultant. including
electronic media editions; and (ti) shall not reuse any of such
Drawings, Specifications, other documents. or ,copies thereof
on extensions of the Project or any other project without
wiittea consent of OWNER and ENGINEER and specific
written verification or adaption by : ENGINEER. This
prohibition win survive final payment.' completion. and
acceptance of the Work, or termination or completion of the
Contract. Nothing herein shall preclude CONTRACTOR
from retaining copies of the Contract Documents for record
purposes.
ARTICLE 4 - A. V A.D.ABn..ITY OF LANDS;
SUBSURFACE AND PHYSICAL CONDmONS;
REFERENCB POINTS
4.01 Availability of Lands
A.. OWNER shall famish the Site. OWNER sba1l notify
CONTRACTOR of'any encumbrances or restrictions not of
gc:nera1 :1qJp1ication but specifically related to use of the Site ",
with which CONTRACTOR mUst comply in performing the .
Work. :OWNER will obtain in I timely manner anti pay 'for '
easements for permanent structures or permanent changes in
existing facnities. If CONTRACTOR and OWNER are
uoable to agree on entitlement to or on the amount or extent,
if any" of any adjustment in the Contract Price or CODtract
T"lDlcs, or both, as a result of any delay in ,OWNER's
furnishing the Site, CONTRACTOR may make a Claim
therefor as provided in paragraph 10.05.
00700 - 11
B. Upon reasonable written request, OWNER shall
furnish CONTRACTOR with a current statement of record
legal title and legal description of the lands upon which the
Work is to be performed and OWNER's interest therein as
necessary for giving notice of or filing a mechanic's or
construction lien against such lands in accordance with
applicable Laws and Regulations.
C. CONTRACTOR shall provide for all additiona11ands
and access thereto that may be required for temporary
co~n facilities 'or storage of materials and equip~
4.02 Subsuiface and Physical Conditions
A. Reports and Drawings: The Supplementary
Conditions identify:
I;
4.03 Differing Subsurface or Plrysical Conditions :
, Ii
A. Notice: If CONTRACTOR believes that any subsur- J
face or physical condition at or contiguous to the Site that is
uncovered or revealed either: I i
!
1. is of such a nature as to establish that any
Iltecbnical data-on which CONTRACTOR is entitled tol "
rely as provided in paragraph 4.02 ',is materially: I
inaccurate; or ' , ' .', '
, I
2. is of such a nature as to require a c~ge in thell
Contract Documents; or ' .,
3. differs materially from that shown or indicated m\ I
the Contract Documents; or , ' ,:
.j , 4. is of an unusual nature, and differs materially: I
from conditions ordinarily encountered and. generallyl.!
recognized as inherent in work of the character provided
for in the Contract Documents; !
II
2. those drawings of physical conditions in or then CONTRACTOR shall, promptly after becoming aware' 4
relating to existing surface or subsurface stroctures at or thereof and before further disturbing the subsurface or
contiguous to the Site (except Underground Facilities) that physical conditions or performing any Work in connection! !,
'ENGINEER bas used in preparing the Contract therewith (except bnn emcr:gency as requiItd by paragraph',!
Documents. , . 6.16.A). notify OWNBlt. arid ENGINEER in writing about
. "such conditl.ou. CON11tACTOR. shin not further disturbi,
, ., 'B:' 'Limited Reliance Uy CONTRACl'OR on TechnicCzl : sUch condition or perform any Work in 'connection"th.ereWith\ I
Data A.uthorized: CONTRACTOR may rely upon 'the-' .' ~(except as aforesaid) until receipt of written order:tO .~-.so;-
general accuracy of the ..techn;~ data II contained in such
rep?rts -and drawings, but such reports and drawings are not '
Contract Documenh:. Such -technical data- is identified in
the SupplementaIy Conditions. Except for such re1iaDce on
such -teclmlcal data, - CONTRACTOR. may not rely upon or
make aily Claim against OWNER. ENGINEER. or any of
ENGINEER's Consultants with respect to: .
1.: 'those reports of explorations and tests of
subsurface conditions at or contiguous to the Site that
ENGINEER. has used in. preparing the Contract Docu-
ments; and
1. the completeness of such reports and drawings
for CONTRACTOR's purpoSes, including, but not
limited to, any aspects of the means, methods.
~, sequences, and procedures of construction to
be employed by CONTRACTOR, and safety precautions
and programs incident thereto; or
! I .' 2. other data, interpretations, opinionS. and
information cnfItllined in such reports or shown or
indicated in such drawings; or
3. any CONTRACTOR interpretation of or
conclusion drawn from any. -technical data-or any such
other data. interpretations, opinions, or information.
,
B. ENGINEER's Review: After receipt of written notice I :
as required by paragrapl14.03.A., ENGINEER will promptly.:!
review the pertinent condition. determine the necessity of
OWNER's obtaining lMitional exploration or tests with; i
respect thereto, and advise OWNER in writing (with a copy;
to CONTRACTOR) of ENGINEER's findings and'
conclusions.
C. Posfible Price and Timu AtIjustment.r
1. The Contract Price or the Contract 1lll1es, or'
both, will be equitably adjusted to the extent that the '
existence of such differing subsurface or physical
condition causes an increase or decrease in '
CONTRACTOR's cost of. or time required for, perfor-
mance of the Work; subject. however, to the following: .
a. such condition must meet any one or mOre of I
the categories described in paragraph 4.03.A; and c
b. with respect to Work that is paid for on a
Unit Price Basis, any adjustment in Contract Price !"
will be subject to the provisions of paragraphs 9.08
and 11.03.
00700 - 12
2. CONTRACTOR shall not be entitled to any
adjustment in the Contract Price or Contract runes if:
a. CONTRActOR knew of the existence of
such conditions at the time CONTRACTOR made a
final COlT1mittnent to OWNER in respect of Contract
Price and Contract Times by the'submission of a Bid
or becoming bound under a negotiated contract; or
b. the existence of such condition could
reuonably have been discovered or revealed as a
~t of any examination, hmstigation, -exploratiDn,
test, or study of the Site and contigUous areaS
required by the Bidding Rcquirements oc Contract
Docaments to be conducted by or for CON-
TRACTOR prior to CONTRACTOR!. making such
final commitment; or
. .' "1-:":.
c. CONTRACTOR failed to giVe the written
notice within the time and as required by .paragraph
4.03.A.
'3. If OWNER and CONTRAcro~ are unable to
agree on entitlement to or on the amount or extent. if any.
of any adjustment in the Contract Price or Contract
Times, or both, a Claim may. be made therefor as
provided in paragraph 10.0S. HoWever. OWNER,
E~G~ ~ ENOINBBR's .Consultants shall not be
liable to COllffRACTOR for any cbiJns. 'costs, losses. or
~(qJC1~.but not limited to all fees and charges
of ~, arcbitecb, attorneys, 8Dd other professionals
and a.ll court or arbitration or other dispute resolution
costs) oSQStained by CONTRACTOR on or in connection
with any other project or anticip~ proj~
I-
I
4.04 Underground Facilities
A. Shown or Indicated: The information and rJata shawn
or indicated in the Contract Documents with respect to
existing Underground Facilities at or contiguous to the Site
is bued on information and data fumished to OWNER or
ENGINEER by the owners of such Underground Faciliti~,
including o"WNER. or by others. Unless it is o1herwisc
expressly provided in the Supplementary Conditions:
1. OWNER and ENGlNEER: BliaIl not be
rcspomib1e for the accuracy or completeness of any such
information Or data; and
2. the cost of an of the following wUl be ~ludcd in
the Contract Price, and CONTRACTOR shall have run
responsibility for:
L reviewing and checking all such information
and data, .
b. locating aU Underground Facilities shown or
indicated in the Contract Documents,
c. coordination of the Work with the owners of
such Underground Facilities, including OWNER,
during construction, and
. d. the safety and protection of all such Under-
ground Facilities and repairing any damage thereto
resulting from the Work.
.
. ., B. . Not Shown. or IndiCtlted
1. If an Underground Facility is uncovered or
revealed at or contigucmi to the Site which was DOt shown
or indicated, or not shown or indicated with reasonable
aceuracy in. the Contract Documents, CONTRACTOR
sballi.promptly after becoming aware thereof and before :
further disturbing conditions affected thereby or
performing any Work in connection therewith (except in
an emergency as required by paragraph 6.16.A), identify
the owneF of such Underground Facility and give written
notice to that oWner and- to OWNER and ENGINEER.
ENGINEER will promptly review the Underground
Facility and determine the extent, if any, to which a
change is required in the Contract DoCuments to reflect
and document the consequences of the .existence or
. . .-.locatioJ\.of the Underground Facility. During such time"
, ':1 'CONTRACTOR shall be rcspoIIS1Dle for the safety amr :~.
." : P.rotc.PtiOD'.of such Underground Facility. _ : -::. f.. "",...:.;..
\ 2. If ENGINEER concludes that a change in the
Contract Documents is required, a Work Change
Directive or a Change Order will be issued to reflect and
document such consequences. An equitable adjustment
sbaIll>>e made in the Contract Price of Contract TJIDCS, or
both, to the extent that they are attributable to the
e~ or location of any Underground Facility that
was not shown or indicated or not shown or indicated
with reasonable accuracy in. the Contract DoCuments md
that CONTRACTOR did DOt know of and could not
reasonably have been expected to be aware of or to have
anticipated.. If OWNER and CONTRACTOR are unable
to agree on. entitlement to or on the amount or cxtcm, if
any, of my soch ad"j1I81mC:Dt in Contract Price or CcmIract
Timca, OWNER. or CONTRACTOR may make a Claim
therefor as provided in paragraph 10.0S.
4.05 Reference Points
A. OWNER shall provide engineering surveys to
establish reference points for. construction. which in
ENGINEER's judgment are Decessary to enable CON-
TRACTOR to proceed with the Work. CONTRACTOR
shan be responsible for laying out the Work, sbal1 protect and.
preserve the established reference points and property
00700.13
monuments, and shall make no changes or relocations
without the prior written approval of OWNER.
CONTRACTOR shall report to ENGINEER whenever any
reference point or property monument is lost or destroyed or
requires relocation because of necessary changes in grades or
locations, and shall be respoIlSlble for the accurate
replacement or relocation of such reference points or
property monuments by professionally qualified personnel.
4.06 Hazardous Environmental Condition at Site
A. Repom and Drawings: Reference is made to the
Supplementary. Conditions for the identification of those
reports and drawings relating to a Hazardous Environmental
Condition identified at the Site, if any, that have been utilized
by the ENGINEER in the preparation of the Contract
Documents.
B. Limited Reliance by CONI'RACI'OR on Technical
Data. Authorized: CONTRACTOR may rely upon the
general accuracy of the ..technical data.. contained in such
reports and drawings, but such reports and drawings arc not
Contract Doauncnb1. Such..tecbnical data" is identified ii1
the Supplementary Conditions. Except for such reliance on
such "ter.hnica1 data.. .. CONTRACTOR may DOt rely upon or
make any Claim against OWNER., ENGINEER. or any of
ENGINEER's Consultants with respect to:
--'. .
1. the comple~ss .of .such reports and drawings
for CONTRACT.O~'s. P':UPOSes, including, but not'
limited to, any aspects of the means, methods,
techniques, sequences.andproccdures of construction to
be eriwloyed by CONTRACTOR and safety precautions
and programs incident thereto; or
. .
I
2. other data, interpretations. opinions and
information contained in such reports or shown or
indicated in such drawings; or
3. any CONTRACTOR interpretation of or
conclusion drawn froDi any ..tcchnica1 data" or any such
other data. interpretations, opinions or information.
C. CONTRACTOR shall not be responsible for my
Hazardous E.nvironmcntal Condition uncovered or revealed
at the Site which was not shown or iDdicated in Drawings or
Specifications ot identified in the Contract Documents to be
within the scope of the Work. CONTRACTOR shall be
responsible for a Hazardous Enviro~ Condition created
with any materials brought to the Site by CO~CTOR,
Subcontractors, Suppliers, or anyone else for whom CON-
TRACTOR is responsible.
D. If CONTRACTOR encounters a Hazardous
Environmental Condition or if CONTRACTOR or anyone for
whom CONTRACTOR is responsible creates a Hazardous
Environmental Condition, CONTRACTOR shall immedi-
ately: (i) secure or otherwise isolate such condition; (il) stopl i
all Work in connection with such condition and in any area ' i
affected thereby (except in an emergency. as reqUired by
paragraph 6.16); and (iii) notify OWNER and ENGINEER!
(md promptly. thereafter confIrm such notice in writing).l.:
OWNER shall promptly consult with ENGINEER. concerning .'
the necessity for OWNER to retain. a qualified expert to\
evaluate such condition or take corrective action, if any. .
B. CONTRACTOR shall not be required to resume I
Work in comiection 'with such coildition or in any affected i
area until after OWNER has obtained any required permits \
related thereto and delivered to CONTRACTOR written
notice: (i) specifying that" such condition and any affected I
area is or has been rendered safe for the resumption of Work; '. \
or (ii) specifying any special conditions under which such
Work may be. resumed safely. If OWNER. and I '
CONTRACTOR cannot agree as to entitlement to or on the I. I
amount or cncnt,' if any, of any adjustment in Contract Price ' ,
or Contract Times, or both, as a result of such Work stop-,
page Dr such special conditions under which Work is agreed \ I
to be resumed by CONTRACTOR, either party may make a' '-,
Claim therefor as provided in paragraph 10.OS.
i I
F. If after receipt of such written. notice I i
"'
CONTRACTOR does not agree to resume such Work based
on a reasonable belief it is unsafe, or docs not agree to: ,
resume -sucJI. Work under such special conditions.' then I i
OWNER.,maY'J?rdcr the portion of the Work that ia in the ; l
area affected by such condition to ~ deleted from the Work. i
If OWNER and CONTRACTOR cannot agree as to! .
entitlement to or on the amount or. extent, if any, of an! ~:,
adjustment in Contract Price or Contract Tunes as a result of
deleting such portion of the Work, then either party may' I
make a aaim therefor as provided in paragraph 10.05.' !
OWNER may have such deleted portion of the Work "-
performed by OWNER's own forces or others in accordance i
with Article 7. : .
..
G. To the .fullest extent permitted by Laws and
RegulatioDS. OWNER shall indemnify and hold harmless'
CONTRACTOR, Subcontractors, ENGINEER.
ENGINEER's Consultants and the officers, directors,
partners, employees, agents, other consultants, and
subcontractors of each. ~ .any of them from and against all .
claims. costs, loss!:S, and -damages ("mcluding but not limited "
to all fees and charges of engineen, architects, attorneys. and .
other professionals and all court or arbitration or other ~
dispute resolution costs) arising out of or relating to a L
Hazardous Environmental Condition, provided that. such
Hazardous Envirocmcntal Condition: (i) was not shown or '
indicated in the Drawings or Specifications or identified in ._.
the ColltraCt Documents to be included within the scope of
the Work, and (n) was not created by CONTRACTOR or by.
anyone for whom CONTRACTOR is responsible. Nothing:
00700 - 14
.....
\
in this paragraph 4.06.E shall obligate OWNER to indemnify
any individual or entity from and against the consequences of
that in~vidual's or entity's own negligence.
H. To the fullest extent permitted by Laws and
Regulations, CONTRACTOR shaI1, indemnify and hold
harmless OWNER. ENGINEER, ENGINEER's Consultants,
and the officers, dh'eetors, partners, employees, agents, other
coosuitants, and iUbconIracton of each and any of them from
and againSt aD. claims, costs, losses, and damages (mcluding
but not limited to all fees and charges of engineers,
aICbi~, attorneys, and other prdf~ionals and all court or
arbitration or other dispute resolutiOn costs) arising out of or
relating to a Hazardous EnviromncDta1 Condition created 'by
CONTRACI'OR or by anyone for whom CONTRACTOR is
responsible. Nothing in this paragraph 4.06.P shall obligate
CONTRActoR to hldemnify any individual or entity from
and against the cOosequeuccs.of that individua1~s or entity's
own negligence.
1. The provisions of paragraphs 4.02, 4.03, and 4.04
are not ~ndcd to apply to a Hazardous Environmental
Condition uncovered or revealed at the Site.
ARTICLB 5 - BONDS AND INSURANCE
5.01 Pt:1fomia1u;e; Yciymenl; and Other Bonds
. .l~. . ". _:-' .."'" ...
A. CONTRACTOR shall furnish performance and
paymeDt Bonds, each in an amount at least equal to the
Conlract Price as security for the faithful performance and
payment" of all CONTRACTOR's, obligations under the
Contract Documents. These Bonds 'shaD. re'main in effect at
least until one year after the. da.tC when "final payment
becomes due, except as provided otherwise by Laws or
Regulations or by the Contract Documents. CONTRACTOR
shall also furnish such other Bonds as are required by the
Contract Documents.
B. All Bonds shall be in the form prescribed by the
Contract Documents except as provided otherwise by Laws
or ReguJIlrious. and shaD. be executed by such sureties as are
named in the current list of -Companies Holdb1g Certificates
of AutbDrity as Acceptab~':smeties on Federal Bonds and as
Acceptable Reinsuring Companies" as published in Circular
S70 (amfl!nried)'by the Financial Management SCl'Vice, Surety
Bond Branch. U.S. Department of the Treasury. AU Bonds
signed by an agent must be accompanied by a certified copy
of sucli agem's authority to act '.
t
. C. If the surety on any Bond furnished by CON-
TRACTOR is declared bankrupt or becomes insolvent or its
'~ght to do business is terminated in any state where any part
at ~ Prbject is located or it ceases to meet the requirements
t. .
;";';r .
~\~;'. .,-.-
":"~:~
~l;i;J:;
: ~_~k_~"
of paragraph S.Ol.B, CONTRACTOR shall within 20" days
thereafter substitute another Bond and surety, both of which
shall comply with the requirements of paragraphs S.01.B and
5.02.
5.02 Licensed Sureties and Insurers
A. All Bonds and insurance required by the Contract '.
Documents to be purchased and maintained by OWNER or
CONTRACTOR shall be obtained from surety ot insurance
c:ompanies that are duly licensed or "authorized in the
jurisdiction in which the Project is located to issue Bonds or
insurance policies for the limits and coverages so required.
Such surety and insurance companies slian also meet such
additional requirements aDd qualifications as may be provided
in the Supplementary Conditions.
,
S.03 . Ctrtificat.u PI 1nsuronc1!
A. CONTRACTOR shall deliver to oWNER, with
copies to each additional insured identified in the Supple-
mentary Conditions, certificates of insurance (and other
evidence of insurance requested by OWNER or any other
additional insurCd) which CONTRACToll is required to
purchase and l1l11iDtain. OWNER shall deliver to
CONTRACTOR, with copies to each additional insured
identified in the Supplementary CdfiditiQilS. certificates of
insurance (and other evidence of instttancc reqttested by
CONTRACf0R . or: any other additional insured.) which
OWNER is required.to.purchase and mllintllin.
5.04 CONTRACTOR's UabiUry Insurance
A. CONTRACTOR shall pUrchase and roau.t,jq such
liability and other insurance as is appropriate for the Work
being performed and as ~ provide protection ftom claims
set forth below which may arise out of or result from
CONTRACTOR's perfonnance of the Work and
CONTRACTOR.'. other obligations under the Contract
Documcms, whether it is to be performed, by
CONTRACTOR, any Subcontractor or Supplier, or by
anyone directly or iDdirectly employed by any of them to
perform any of the Wort, or by anyone for whose acts any
of them may be liable:
1. claims. Under workers' compensation, disability
beucfits, and other similar employee ~fit acts;
1. claims for damageS because of bodily injury,
occupational sickness or disease, or death of
CONTRACTOR's employees;
3. claims for damages because of bodily injury,
sickness or disease, or death of any person other than
CONTRACTOR's employees;
00700 - 15
4. claims for damages insured by reasonably
available personal injury liability coverage which are sus-
tained: (i) by any person as a result of an offense directly
or indirectly related. to the employment of such person by
CONTRACTOR, or (ii) by any other person for any
other reason;
5. claims for damages, other than to the Work
itself, because of injury to or destruction of tangible
property wherever located, includiDg loss of use resulting
therefrom: and
6. claims for damages because of bodily injury or
death of any person or property damage arising out of the
oWnership, maintenance or use of any motor vehicle.
B. The policies of insurance &0 required by this
paragraph 5.04 to be purchased and-maintained shall:
1. with respect to insurance ICquired by paragraphs
5.04.A.3 through 5.04.A.6 inclusive, include as
ac;tditional insureds (subject to any wstomary exclusion in
'respect of professiona1liability) OWNER, ENGINEER.,
ENGINEER's Consultants, and any other individuals or
entities identified in the Supplementary Conditions, all of
whom shall be ijsted as additional insureds, and ~ude
coverage for the respective officers, directors, partners,
eJ;Jiploye~, .' agents, and other consultants and
subcontractors'~bf each'i.nd"my of all such additional
insureds, and the inSurance.affordCd to these additional
insureds shall provide pr4nary coverage for all claims
covered thereby;
2. include at least the specific coverages and be
written for DOt less than the limits of liabiiity provided in
the Supplementary Conditions orl required by Laws or
Regulations, whichever is greater;
3. include completed operations insurance;
..
4. include coutractualliability insurance covering
CONTRACTOR's indempity obligations under para-
graphs 6'.07,6.11, and 6.20;
5. contain a provision or endorsement that the
coverage afforded will not be canceled, materially
changed or renewal refused until at least thirty days prior
written notice has been given to OWNER and
CONTRACTOR and to each other additional insured
identified in the Supplementary Conditions ~ whom a
certificate of insurance bas been issued. (and the
certificates of insurance furnished by the CONTRACTOR
pursuant to paragraph 5.03 will so provide);
6. remain in effect at least until final payment and
at all times thereafter when CONTRACTOR may be
correcting, removing, or replacing defective Work in
accordance with paragraph 13,07; and. I
7. with respect to completed operit;tions insurance,
and any insurance coverage written on a claims-madr: ;
basis, remain in effect for at least two'years after fino( !
payment (and CON'IRACTOR shall furnish OWNER ami" '
each other additional insured identified in the Stipplej "
mentary Conditions, to whom a .certificate of insurance; i
has been issued, evidence satisfactory .to. OWNER and.
any such additional insured of continuation of sucV
insurance at final payment and one year thereafter). I!
. !
5.05 OWNER's Liability Insurance
A. In addition to the insurance required to be P~oViJ :
by CONTRACTOR under. paragr~h 5.04,' OWNER, at \
OWNER's option,' may purchase and maintain at OWNER'[ .
expense OWNER's own liability insurance as will protecl1
OWNER against claims which may arise from operations I
under. the Contract DocumentS.
5,06
Property Insurance
I.i
A. Unless otherwise provided in the Supplementarj !
Conditions. OWNER shall purchase and IJ1a;ntl'l;n prope~ !
insurance }lPOn the Work at the Site in the amount of the ful{
replacement cost ther.eof (subject to such deductlble amoui&' .
as may:.be 'provided'"in the Supplementary Conditions o{ 'I
required by Laws'arutR.cgulations). This insurance shall: . !
. 1. include the interests of OWNER, CONTRAd .
TOR, Subcontractors, ENGINEER. ENGINEER'!,
CoJl$Ultants, and any other individuals or entities identi':
fied in the Supplementary Conditions, and the officers~ \
directors, partners, employees, agents, and' othe! !
consultants and subcontractors of each and any of them,"
each of whom is deemed to have an insurable interest anet
shall be listed as an addltional insured;
2. be written on a Builder's Risk -all-risk" or open
peril or special causes of loss policy form that shall a
least include insurance for physical loss or damage to thi
Work, tcmporaIY buildings, false work:, and materials and
equipment in transit, and shall insure against at least thr
foUo.wiDg.. perll.s or causes of loss: fire. lightning:
. extended, coverage, theft, vandalism and malicious-
mischief. earthquake, conapse, 'debris removal-
demolition occasioned tiy enforcement of Laws ani.
Regulations, water damage, and such other perils OL..
causes of loss as may be specifically required by the
Supplementary Conditions;
3. include expenses incurred in the repair or
replacement of any insured property (mcluding but no,
limited to fees and charges of engineers and architects);
00700.- 16
......
4. cover materials and equipment stored at the Site
or at another location that w~ agreed to in. writing by
OWNER prior to ~in.,g ~fPq~ted in. t;pc Work,
provided that such materla1s ~ equipment have been
inr-bJr;Jed in an Application for Payment recommended by
ENG~
S. allow for partial utilization of the Work by
oWNBtl;
.
6. include testing and startup; and
7. be mlltnhliPed in effeCt until final payment' is
made unless otherwise agreed to in writing by OWNER.
CONTRACTOR, and ENGINEER with 30 days written
notice to each other additional insured to whom a certifi-
cate of iDsuranco bas been issued.
. '..: . .
B. OWNERsball.purcbasc 8nd ~lltrb~ SQCh boiler and
~tu~hj:n~ insurance or additiooa11>>-operty insurance as may
be reqoired by the Supplementary Conditions or Laws and
Regulations. wbich will include the interests of OWNER.. .
CONT.RACIOR, Subcontractors, ENG1Nl!ER.
ENGINEBR.'s Consultants, and any other individuals or
entities ideotjijed in the Supplement1iltY Conditions, each of
whom is deemed to bave an insurable interest ~ shall be
listed as an insured or additiooal insured.
t
~~.
~:
C. All.the policies of insurincc.(~ the certificates .or.
other . evidence thereot) required.tg.: J?e .'.~ and
1J1l1inttllnM in accordance With paragraph S.06 will conta.ia a
provision or Codorsement $at the coverage afforded wID not
be canceled or materially changed or renewal refused until. at
least 30 dayi prior written notice has b~ given to OWNER
and CONTRACTOR and to each other additiOnal insured to
whom a certificate of insurance bas been issued and will
contain waiver provisions in accordance with paragraph 5:f11.
D. OWNER shall not be respcmsible for purchasing and
maintaining any property iDsunDcc . specified . in this
paragraph S.06 to protect the ~ of CONTRACTOR,
SubcoQ.trat:tDfI; or others in the Work to, the extent of any
d~lc amounts that arc id~ in the Supp1ementaIy
~. The risk of loss within such ~fi~ deductible
aDJ,0UDt will be boem by CONTRACTOR., Su1Jc?ontractors,
or ~ sqffcring any such loss, and if any ~f them wishes
P.roperty insurance coverage within the limits of such
amou:pts, each may purchase and mllintJltn it at the
~'I own expense.
".' l!. If CONTRACTOR requests in writing "that other
, ~iid msUflDCc be included in the property insurance
~ciea.,v.~ under paragraph 5.06, OWNBR.shall, if
~~ ~ such iDsurance, and the cost thereof will be
.~i:d 10 CONttACTOR by appropriate Clange .order or
..~#;tUt= A~ Prior to commencemCDt of the Work
at the Site, OWNER shall in writing advise CONTRACTOR
whether or not such other insurance has beel;l procured by
OWNER.
5.07 Waiver 01 Righfs
A. OWNER and C9NTRACTOR intend that all policies
purcbpcd in a~ with paragraph S.06..wiU px:otr:ct '.
OWNER, CONTRACTOR, Subcontractor.s, BNG~Ek,
ENGINEER's Ccmsultants, and. all. other individuals or
~ identified in the Supplementary Coriditions to ~
listed as iJIsuRda or addltional insl1red,s' (mul ~ oi'fic.era,
directors, partners, employees, agents, and other consultants
and subccmtractots of each and any of them) in such polici~s
and will provide primary coverage for aI110sscs and damages
caused by the perils or CJUSCS of loss covered thereby. AD
~ poJi~ shall contain pro~io~ to the eff~t that in the
event of p.yment of any loss oJ 4ama~ the ~ will
have no rights of recovery against any of the iIwqr~, Qr
adf;litional insureda thereundc.r. OWNER an4,CONTRAC-
TOR waive all rights against each other and their rCspectivc
officers, directors, partpcrs, employees, agents, ~ other.
consultants and mJ?contractoIl of each and. any of ~ for
aJllosses and dllm,,~s caused by, arising out of or resulting
Uom any of the peri1& or causes of loss ~d by' ~cl:1
p,olic~ Ql6 any other property insurance ;tpp~ to ~
Work; aud, in additiQP, wPivo .a1LJUcI1:r.iiJ;UI', '.1.
SubContTadors, RNGJNBER.. B)tGlNii&R.'s ~~ and
all other individuals or entitic:'S .\dcntified m. the SupplcJD.en-
tary Conditions to be 1istecl ~; ~~!Jf i$.wntio~ in.suRds
(and the officen, dircc:tors, partucrS,' employees, ~Dts. and
other consultants lpld subconttactors of eaCfi-a.nd aiiy of them)
under such policies for losses and damages so c~.' None
of tm: above waivers shall extend to the righu that iD.y puty
making such waiver may have to the proceeds of insurance
held by OWNER. as trustee or otherwise payable Under any
policy so iss1Ied.. .
B. OWNER. waives an rlgbts a~ CONTRACtOR.
Subcontradors. ENGINBBR, ENGlNEBR.'. Conmltants, and
the officers, ~, pat1Dcn, employees, agcDtS, ml ot1iei
consultants and su~actors of each and any of ~ fat:
1. ,loss due to )HJsiness interruption. loss of use, or
other ccmsequcntialloss extending beyond direct physical
~J.p~ or damage to OWNER's property or the Wo~.
caused tiy, arising out of. or resulting from fire or other
peril whether. or DOt iDs~d by OWNER; and
2. 10sI or damage to the completed Prbject or part
thereof caused by, arising out of, or resu1tiU& from fire or
other insured peril or cause of loss covered by any
property iDsurance maintained on the comp1ct;ed Project
or part thereof by oWNlm. during partial utilization
pursuaDt to paragraph 14.05. after Substantial Completion
00700 - 17
. i .
of such party by the Contract Documents, such party shall I. ;
notify the Dther party in writing of such failure to purchase .
prior. tD the stut Df the Work, Dr of such failure to maiittain i .
C. Any insurance policy maintained by OWNER cover- prior to any change in the required coverage. Without i .
ing any loss, damage or consequentia11asl referred to in prejudice to any other right or remedy, the other party may .'
paragraph S.07.B shall ~ proVisions to the effect that in elect to obtain equivalent Bonds or insurance to protect such I
the event of paym~ of any 'suc)1 lOSI, damage, or other party's interests at the expense of the party who was I i
consequential loss, the insurers will have no rights of.. ;:required to provide such coverage, and a~ge Order ~halll , :
rccove~"':!1gainst CO~CTOR..' Subcon~rs. ..be issued to adjust the Contract' Price accordingly., . _'. ; .
ENGnmaR, or ENGINEER I Consultants ~ the offICers, :J ~,~ . -;'" . .:"..',~ 'j i
ditectors, J?artners, employees, agents, and other consultants S.10 Partial Utilization. Acknowledgment of Pr'dperty.. i
and subcoDtractors of each and any of them. . Insurer
5.08 Receipt and Application of lnsilran~e Proceeds A. If OWNER finds it necessary to Occupy or use al !
portiDn or portions of the Work prior to Substantial .
Completion of all the Worle: as ptpvided ,in, .p~agraph 14.0.5 ,I
no such use or occupancy shall comme.DCC before the insurers I I
providing tb: property insurance pursuant to paragraph 5.06' ..1
have acknowledged DOticc thereof and in writing effected any,
changes in cov.erage necessitated thereby. 'I11.c insurers \ II
providing the pr~rty insurance shall consent by endorseJ..
metit on the policy or policies, but the property insurance
shall not be canceled or permitted. to lapse on accoup.t of any I
such partial use or occupancy. . :
'",
pursUant to paragraph 14.04, or after final payment
pursuant to paragraph 14.07.
. ..... A. AJ1y insured Iou under the policies of insurance
required by paragraph 5.06 will be adjusted with OWNER
and made payable to OWNER as fiduciary for th~ iDsurcds,
as their interests may appear, subject to the requirements of
any applicable mortgage clause and of paragraph S.OS.B.
oWNim. shall depOsit in a separate account any money 80
reCeived and shall distribute it in ~~e with such agree-
ment as the parties in interest may reach. If no other spccW
agreement is reached, the damaged Work shall be repaired or
replaced. the moneys so received applied on account thereof,
. and the Work and the cost thereof covered by an appropriate
. '.j ..~. ~e Order'or W~, Am.endnient. "1':; '. ,... ,"
~...,A" ..'." :".
. . .. o. .... ~
B. OWNEt as ~ s&an have power to adjust and
settle any loss with the iilsUtei's 't1ftl~U one of the parties in
interest shall object in writing within 15 days after the
occurrence of loss to OWNER's exercise of this power. If
~ objection be made, oWNER. u',fiduciuy Bhall make
settlement with the insurers in accordance with such
agreement as the parties in interest may reach. If DO such
agtcemeIit among the parties in interest is reached, OWNER
as fidbciary shall adjust and settle the loss with the insurers
and. if requifed in 'Yri~g by any party in interest, OWNER
as fiducluy Shall give ~ for the proper performance of
such duties.
5.09 ;4.cceptance of Bonds and Insurance; Option to
Replace
A. If either OWNER or COrqRACTOR has any
objection to the coverage afforded by or other provisions of
the Bonds or iDsutaiice required to be purchased and
mmntllm~ by the other party in accordance with ~e S on
the basis of non-confo:rmauce with the Contract DOCUIDCDls,
the objecting party shall so notify the other party in writing
WithiJi 10 cia)? after receipt of the certificates (or other
eVideJice,reqUesled) requited by paragraph 2.0S.C. OWNER.'
and CONTRACTOR shall each provide to the other such
additional information in respect of insurance provided as the
other may reasonably request. H either party does not
purchase or m~inm;n all of the Bonds and insurance required
ARTICLE 6 - CONTRACTOR~,S'REsPONSmILITIES
, ,
!_\
6.01 Supervision and Superintendence
A. CONTRACTOR shall supervise, inspect, and direct .
the Work compctent1y and efficiently, devoting such attention;
thereto and applying suCh skills and expertise as. may be;
necessary ,to perfo!Jl1 the Work in accordance with ~."
Contract Documenl$. CONTRACTOR shall be solely
responsible for the means. methods, techniques, sequences,:
. and procedures of coQStruction. but CONTRACTOR shall: ,
not be responsible for the negligence of OWNER or
ENGINEER. in the design or specification of a specific
means, ~thod. ~que, sequence, or procedure of.
construction which is shown or indicated in and expressly'
required by the ConIract DocumentB. CONTRACfOR shall
be l'CSpoDslDle to see that the completed Work complies
accurately with the Contract Documents.
B. At all times during the progress of the Work,!
CONTRActOR shall assign a competent resident superin-,
tendent thereto wh~ shall not be replaced without written
notice to OWNER and BNGINEER. except 1JDdeti
extraordinary circumStances. The II,lpCrintendent y.rill be'
CONTRACTOR'. representative at the Site and ~ have
authority to act on behalf of CONTRACTOR. All
communications given to or received from the superintendent
shall be binding on CONTRACTOR.
m7m _ 1Il
6.04 ~'Sdredule
~.::'
i&;~
~.". CTOR shall adhere to tbeprogrcss schedule
est . .' ~ with paragraph 1.07 as it may b= .
adjusted . DI!lC to time as provided below. '
.. ~.:~. .
1. CTOR shall submit to ENGINEER for
accep .. tJ:lc extent indicated in paragraph 1.07)
propos, . '. ents in the progress schedule that will
DOt ' ." ging the Contract. limes (or M"1lcstoncs).
Such a ~ -will conform generally to the progress
schedu14t -hi effect and additionally wm comply with
00700 - 19
6.01
,
. ". -.
6.03 sJiilti, MDt~riaU, and Equipment
'.;y.J:' ,
A. Un1~ss otherwise specified' in the General Re-
quirclIleDti!'~ON1"RACTOR shall provide and assuuic full
rcsponsibijffi3r';lll s~ces, materials, equi~ labor.
tmlSl^'J,~~j ~ eqWpmeDt and mlu~bml!l)'. tools.
appUances:-=-iuel. power. light. heat. telephone. water.
sauitmy taclfdies; temporary facilities. and all other facilities
'. _ and inciddUals necessary fot the performance. .testing.
I' ....~..~-u.P. .:,,- ,.w. . ~,.~qii~ftht; WOrL" .' "'1'"t. ',1 '.:
~. ...... , ~ .' .' ....-... ..
B. AlI~'miil equipmeut incorporated into the
Work sbaifJ[. specified or t if not specified. Shall be of'
good ~ ~. except u oIbmrisc puvlded In tho
Couttact fa.. eIltS. All warranties and guarantees
specificaUlt.ljl ~c4 ~ l7y the spCcifiCations shall expressly
IUD to the Itl\t of OWNER. If iequired by EN~INEER.
CO~. . ~ fumish satisfactory evidcncc:
fmcluding' ....... ofrequiIed tests) as to the source, kind.
'and quality . .'..... rials and equipmcm. All mat=ials and
equipment i1f'll1 '.be stored., applied, installed, ccmncctcd.
erected. ~~, used, clc:aucd, and conditioned in
~ i~Ui instmctioos of the applicable Supplier.
except 81 oi\l~ QLa)' be provided in the Contract Docu-
mcntI. "
.
any provisions of the General Requirements applicable
thereto, .
1. Proposed adjustments in the progress schedule
that wm change the Contract Times (or MUcstones) shall
~ submitted in accordance with, the requirements of.
Article 12. Such aQJUStments may only be made by a .
Change Order or Written AmepdmeJ1l in accordance with
. Article 11. .. . .'.'
6.05 ':: ~uf,stitutu and .Or-EquaU" "" :'
A. Whenever an item of material or equipment is
specified or descn"bed in the Contract Documents \Jy using
the name of a pmprletuy item or the name of a particular
Supplier, . the' specification or description is inteDded to
establish the type. function, appcaiaJice, and qUality required.
Unl~s the specification or description contains or is ronowed
by words :r:eadiDg that no J.ikr:, equivalent, or .or-equm. item
or DD substitution is ~rmitted, other items of material or
equipment or material or equipment of other suppnc~ may
be submitted to ENGINEER for review under the circum-
stances descn"bed belOw.
1. .Or-EquDl" Item.r: If in ENGINBER.'s sole
discretion an ite.pl of material or equipment proposed by
CONTRACTOR. is functionally e~. to that named and
lI\1.fficiCutly SinW.ar $0 that ilo ~ in rctated Worlc will
be required, it may be considered by'ENGINEER. as an
.Qr-cqnal- item. in which case review and approval of
the proposed item may. in ENGINEER's sole discretion,
be accomplished without compUance with some or all of
the requirements for approval of proposed substitute .
items. For the purposes of this. paragraph 6.0S.A.l, a
proposed item of material Dr equipment' will be
considered functionally equal to an item so named if:
a. in the . exercise of reasonable judgment
ENGINEBR. detemUnes that: (i) it is at least equal in
quality , durability, appearance. strength, and design
characteristics; fn') it wlll reliably perform at least
equally wd1 the function imposed by the design
ccmcept of the completed Project u a functioning
whole. and; .
b. CONTRACTOR certifies that: (i) there is no
increase in cost to the OWNER; and (n) it will
conform substantia11y, even with deviations, to the
detailed reqaimnents of the item' named in the
Contract Documents.
2. Submtute Ite11U
a. If in ENGINEER's sole discretion an item of
material or eqUipment proposed by CONTRACTOR
does not qualify as an .or-equal- item under
. 'I :
requ~ed by ~e. Contract ~ocuments, CONTRACTOR may I: ,
furnish or utilize a substitute means, method, technique, -l,
sequence, or procedure of constroc;tion approved by ENGI- i ~
NEER. CONTRACTOR shall submit sufficient information I
to allow ENGINEER. in ENGINEER's sole discretion, to !
dete~ that the substitute proposed is equivalent to that _
expressly called for by the Contract Documents. The proce- I' ,
dure for review by ENGINEER will ~ similar to that _
provi!ied in ~min:ph 6.0S.A.2. : -
;: .. I; :
C. Engineer's Eva1uotion: ENGINEER will be allowed I I
a re~nal?le time within which to evaluate each proposal or '.,
subini~ :made pursuant to paragraphs 6.0S.A .and 6.05.B. I \
ENGINEER. w~ be the sole judge of acceptability. No II
..or~" or ~~~tutc will be ordered, inStalled or uti~ed ' \
wtil ENGIN$~s review is complete, .which will.be
evidenced by eithcr a Change Order for a substitute or an ! i
approved Shop Drawing fur an "or equal." ENGINEER. will . I
d. - CONTRACTOR shall fIrst make written advise CONTRACTOR in writing. of any negative
application to ENGINEER. for review of a proposed determination. I 'I
substitute item 'of material or equipment that
CONTRACTOR seeks to furnish or use. The D. Spe~ Quarrmtee: OWNER may require CON- I
application shall certify that the proposed substitute TRAcroR to furnish at CONTRAcrOR's expense ,a special .
item will perform adequately the functions and performance guarantee or other surety with respect to any I '.
achieve the results called for by the general design, substitutc. : '
., be similar in substance to that "specified, and be suited .
'., .~: . to the-same use as that specified. The app1icanon - . E. ENG/NEEk.!s Cost ReimbursemUJl: -ENGINEER will '!
,.... :~;itilte the em.nt, if any, to Which the use.of~e . :-.Iecord time re~d by ENOINEmt and ~~~INE~'~ II
. proposed sul;stitute item will pre~e Consu1~ iq.~~ substi~tc p:oposcd Or sUbmitted by . .
CONTRACTOR's achievement of. Substantial CONTRAC1'Olt purWam to"paragrap~ 6.0S.A.2 and 6.0S.B i
Completion on time, whether or not use of the and in making changes in the Contract Documents (or in the i!
proposed substitute ~m in the,Work will require a provisions of any other direct contract with OWNER for --:
change in any of the Contract pocuments (or in the work on the Project) occasioned thereby. . Whether or not
provislons of any other direct cmitract wi~ OWNER. ENGINEER approv:es a Substitute i~ so proposed or ,
for work on the Project) to adapt the design to the submitted by COtITRACTOR, CONTRACTOR shall i j
proposed substitute item and whether or not reimburse OWNEa for the charges of ENGINEER and
incoqx>ration or use of the proposed substitute item ENGINEER's Consultants for evaluating each such proposed I:
in cqnnection with tl1e Work is subject to payment of substitute. ! .
anyn~e fee at royalty. All variations of the pr0-
posed substitUte item from that specified will be
idcntifie,d in the B.pP.1ication, and available
enginccripg. $ales, maintenance, repair, and
replacement services will be indicated. The
application will also contain an itCi11iZed estimate of 6.06
all costs or credits that will result directly or indi-
rectly from use of suCh substitute item, including A. CONTRACTOR shall not employ any Subcontractor,
costs. of redesign and claims of other contractors Supplier, or other individual or entity (including those
atie<:teci by ittY resulting change, all of which will be acceptab1~ to OWNER. as indicated in paragraph 6.06.B),
considCred by ENGINEER in evaluating the. proposed whether initially or as. a replacement. against whom OWNER.
substitute item. ENGINEER. may tequire CON-. may have reasonable objection. CONTRACTOR shall not be
TRACTOR to furnish additional data about the pro- required to employ any Subcontractor, Supplier, or other
posed substitute item. - individual or entity to furnish or perform any of rpe Work
against whom CON'fRA.,CTOR has reasonable objection.
paragraph 6.0S.A.l, it will be considered a proposed
substitute item.
b. CONTRACTOR shall submit sufficient
information as proVided below to allow ENGrnEER
to determine that -the item of material or equipment
proposed is cssennany equivalent to that named and
an acceptable. ~stit.ute therefor. Req1iests for
review of proposed -~stitute items of material or
equipment will not be" acCepted by ENGINEER from
anyone other than c;ONTIlACTOR.
c. The procedure for review by ENGINEER.
will be as set" forth in paragraph 6.0S.A.2.d, as
supplemented in the ~ ReqUirements and as_
.E~GINEER. may decide is appropriate under the
circuinstanccs.
B. Su1!stitrit~ CoMruc:tion Methods or Procedures: If a
specific J21~ans, method, technique, sequence, or procedure
of construction is shown or indicated in and expressly
I! .
F. CONrRAcrOR's Expense: CONTRAcrOR shall
proVide all data in support of my proposed substitute or
.or-equal" at CONTRACTOR's expense.
Concerning Subcontractors, Suppliers, and Others
B. If the Supplementary Conditions require the identity
of certain Subcontractors, Suppliers. or other individuals or
00700 - 20
entities to be submitted to OWNER in advance for accepta.nce or Supplier which specifically binds the Su~ontractor or
by OWNER. by a specified date prior to the Effective Date of Supplier to the applicable terms and conditions ot the
the Agreement; and if CON~CTOR has submitted a list Contract Documents for the benefit of OWNER '. and
thereof in accordance with the Supplementary Conditions, ENGINEER. Whenever any such agreement is with a
OWNBll's acceptance (either m writing or by failing to m.ake Subcontractor or Supplier who is listed as an additional
written objection thereto by the date indicated for acceptance insUred on the property insurance provided in puagraph
or objection in the Bidding Doc:wnents or the Contract 5.06, the agreement between the CONTRACTOa an4 the
Documents) of any such Subcontractor, Supplier, or other Subcontractor or Supplier will contaiD. provisions whereby
individual or entity so idl!l1tified may be revoked on the basis'. the SubcDntractor or Supplier w~s. all. rights against
of reasonable objection after due investigation. CON-.. OWNER, CONTRAcrOR,. .ENGINEER., ENGINEER's
TRACTOR shall submit an acceptable replacemei1t for the .:.~ Consultants, and aU other indiViduals or eDtities identified in
rejected Subcontractor,. Suppner, or other individual or the Supplementary Conditions to be listed IS insureds or
entity, and the Coiltract Price'will be adjusted by the differ- additional insureds (and the officers, directors, partnei:s,
encc in the cost occasioned by such replacement., and an employees, agents, ~ other consultants md.SUbcont:ractofs
appropriate Change Order will be .issued or Written of each and any of them) for all losses and damages caused
~cnt signed. No acceptance by OWNER. of any. such . by, arising out of, relating to, or resulting from ~ of the
. SulicOniraCuir " Supplier. or other individual or entity,' pciilS or Ca.U5es of loss covered by such poliCies and' any'
whether initially or as a replacement. shall constiblte a other property insurance applicable to the Work. If the
waiver of any right of OWNER or ENGINEER. to reject insurers on any such policies require separate waiver forms
defective Work. to be signed by any Subcontractor or Supplier, CONTRAC-
TOR will obtain the same.
C. CONTRACTOR shall be fully responsible to
OWNER and ENGINEER for aU acts and omissions of the 6.07 Patent Fees and Royalties
SubcOntractors, Suppliers, and other individuals or entities
performing or furJ1b:hing any of the Work just as A. CONTRACTOR shall pay all license fees and
CONTRACTOR is responsible for CONTRACTOR.' s own royalties and assume all costs incident to the use in the
acts and omissiDDS. Nothing in the Contract Documents shalL.. ~ormance of the Work or the incorporation in the Work of.
cR:att'ibi1he;~ti1 of any such Subcontractor, SUpplier: 6r'-:--= .aity lnvention, design.' process, product. Or dcvice'~hich is
other indiVidliil :01' entity my contractual rclatiODSbip between '.:' The SUbject of patent rights or copyrights held by. other!'".": If .,
OWNER or ENGINEBR and any such SubcoDtractor, a particular invention, design, process. product, or device is
Supplier or other individual or entity, nor shall it create any specified in the Contract Documents: for use in the
obligation ,on the part of OWNER or ~GINEER to pay or performance of the Work and if to the actual knowledge of
to see to the payment of any moneys due any such Subcon- OWNER. or ENGINEER its use is subject to patent rights or
tractor, Supplier, or other individual'pr entity except as may copyrights calling for the payment of my license fee or
otherwise be required by Laws and Regulations. royalty to others, the existence of such rights &hall be
disclosed by OWNER in the Contract Documents. To the
fullest extent permitted by Laws and Regula.tions,
CONTRACTOR shall indemnify and bold harmless
OWNER. ENGINEER.. ENGINEER's Consultants, and the
officers, directors, partners. employees or agents, and other
consultants of each and any of them from and against all
claims, costs, losses, and damages ("mcluding but not limited
to aU fees and charges of engineers, architects. attorneys, and
. other professionals and aU court or arbitration or other
dispute resolution costs) arising out of or relating to any
infringement of patent rights or copyrights incident to the use
in the performance of the Work or resulting from the
incoIporation in the Worll: of any invention. design, process,
product, or device not specified in the Contract Documents.
t
..~
D. CONTRACTOR shall be solely responsible for
scheduling and coordinating the Work of Subcontractors,
Suppliers, and other .individuals or entities petforming or
fumll1hirlg my of the Wad: under a direct or indirect contract
with CONTRACTOR.
E. CONTRACTOR shall require all Subcontractors,
Suppliers, and such other individuals or entities performing
or fumlFhing any of the Work to communicate with ENGI-
NEER. through CONTRACTOR.
F. The divisions and sections of the Specifications and
the identifications of any Drawings shall .not control
CONTRACTOR in dividing the Work among Subcontractors
or~liersor~~~W~to~perfo~byany
specific trade.
t.
G. All Work performed for CONTRACTOR by a
Subcontractor or Supplier will be pursuant to an appropriate
agreement between CONTRACTOR and the Subcontractor
6.08
Pmnits
A. Unless otherwise provided in the Supplementary
Conditions, CONTRACTOR shall obtain and pay for all
construction permitS and ncenses. OWNER shall assist
CONTRACTOR, when necessary, in obtaining such permits
00700 - 21
and licenses. CONTRACTOR shall pay all governmental
charges and inspection fees necessary for the prosecution of
the Work which are applicable at the time of opening of Bids,
or, if there are no .Bids,. on the Effective Date of the
Agreement. CONTRACTOR shall pay all charges of utility
owners for connections to the Work, and OWNER shall pay
all charges of such utility owners for capital costs related
thereto, such as plant investment fees.
6.09 LaWs and Regulations
'':,-
. A. CO~CTOR shall give all notices and comply
with all Laws and Regulations applicable to the performance
of the Work. Except where otherwise expressly required by
applicable Laws and Regulations, neither OWNER nor
ENGINEER shall be responsible for moDitoring
CONTRACTOR's ~mpD:ance with any Laws or Regulations.
. . TO.....:.,:
B. If CONTRACTOR performs any Work knowing or
having . reason to know that it is contrary to Laws or
Regulations, CONTRACTOR shall bear all claims, costs,
~sses, and damages ('mcluding but not limited to all fees and
char~s of engineers, architects, attorneys, and other
professionals and all court or arbitration or other dispute
resolution costs) arising out of or relating to such Work;
however,. it shall not be CONTRACTOR'. priDW"Y
responsibility to make certain that the Specifications and
oDrawbi$~ ,are b;1ooaccq~ with Laws and Regulations, but'
this shall not relieVe; CPNTRACTOR of CONTRACTOR's
obligations ~riP~~ .3.03.
.. . ...... . .IV '._..- .. .
C. Changes in Laws or Regulations not known at the
time of opening of Bids (Dr, on the Effective Date of the
Agreement if there were DO Bids) having an effect on the cost
or ti.me of performance of the Work may ~ the subject of an
adjustment in Contract Price or Contract lIDlCs. If OWNER
and CONTRACTOR are unable to agree on entitlcmc:nt to or
on the amount or extent, if any, of any suc1i adjustment. a
Claim may be made therefor as .provided in paragraph 10.05.
6.10 Ta:ces
.
A. CONTRACTOR shall pay all sales, consumer, use,
and other similar taxeS required to be paid by CONTRAC-
TOR in accordance with the Laws and ReguJ:.tjOI\S of the
.place of tJ?e Project which are applicable during the
performance"of the Work.
6.11 Use of Site and Other Ar~a.r
A. Limitation on .uSt of Site and Other Areas
1. CONTRACTOR shall confine constroction
equiPment. the storage of materials and equipment, and
the operations of workers to the Site and other areas
permitted by Laws and Regulations, and shall not
unreasonably encumber the Site and other areas with
constIUction equipment or other materials or. equipment. 'I I'
CONTRACTOR shall assume full responsibility for any" I
damage to my such land or area, or to the owner or
occupant thereof, or of any adjacent land or areas I
resulting from the performance of the Work. !, i
2. Should any claim be made by any such owner or 1.0
occupant b=ause of the performance of the Work, I i
l 1
CONTRACTOR shall promptly settle w~th. such other
party. by negotiation or otherwise resolve the claim. by
arbitlfiIion or other dispute resolution proceeding or at I i
law. . ',i
3. To the fullest e~nt permitted by Laws and I <
Regulations, CONTRACTOR shaII indemnify and hold i I
harm1es~ 9WNER, ENGINEER. ENGINEER's
Consultant,....and the officers, directors. pll$ers.. I
employees, agents, and other consultants of each and any i i
of them from and against all claims, costs, losses, and 1.1
damages (mcluding but not limited to all fces and charges
of engineers, architects, attorneys, and other professionals II
and all court or arbitration or other Jiispute resolution I '0 !
costs) arising out of or relating to any claim or action,
legal or equitable, brought by my such owner or occupant i: against OWNER. BNGINEEJ..t. or any other party i I
indeninified hereunder to the extent camed by or based. ' !
.' . ~pop ~ONTRACTOR's performance of the Work.. . I
~ r~'V: ;;'. ".j.: .".. ',,! I 1
B. :R.~pf.Debrls During Peifonnance of the Work:. J,!
DuriJig the progress of the Work CONTRACTOR shall keep ., ..
the Site and other areas free from accumulations of waste ,.
materials,'robbish, and other debris. Removal and disposal \.1
of such waste materials, rubbish, and other debris shall con-
form to applicable Laws and Regulations.
i '!
C. Cleaning: Prior to Substantial Completion of the
Work CONTRACTOR shall clean the Site and make it ready
for utilization by OWNER. At the completion of the Work ; i
CONTRACTOR shall remove from the Site all tools,
appliances, c:onstIU;ction equipment and machinery. and
surplus materials and shall restore to original condition all
property not designated for alteration by the Contract
Documents.
~
D. Loading Struc:tur~: CONTRACTOR shall not 10a4: .'
nor permit any part of any structure to be loaded in iny'
mariner' that will endanger the sttucture, nor shall 0
CONTRACTOR subject any part of the Work or adjacent
property to stresses or pressures that will endanger it.
6.12 Record Docum!1lts
A. CONTRACTOR shall maintain in a safe place at the
Site one record copy of aU Drawings, Specifications,
Addenda, Written Amendments, Change Orders, Work
00700 - 22
~
.~
Change Directives, Field Orders, and written interpretations
and clarifications in good order and annotated to show
changes made during construction. These record documentS
together with all approved Samples and a counterpart of all
approved Shop Drawings will be avaDable to ENGINEER for
reference. Upon completion of the Work. these record
documents, Samples, and Shop Drawings wm be delivered to
ENGINEER for OWNER.
6.13 Safety and Proter;fio,n
I .
.c
".
A. CONTRACTOR shan be 50iely responsible for
init~g, maintaining and supeivising all safetY precautions
and programs in ~P.dion with the Work. CONTRACTOR
shall take aU necessary precautions for the safety of, and
shall provide the nccessaIj' protection to preventi damage,
injury or loss to: . .". -
1. all persons on the Site or who may be affected
by the Work;
'2. all the Work and materials and equipment to be
incorporated therein, whether in storagc on or off the
Site; and
).
3. other property at the Site Or adjacent thereto,
including trees, shrubs, laV(l1s, walks, pavements,
roadways, struc~~ utilities, and Underground Facilities
not designated for reuioVai; "rcltil:ation, or replacement in
the course of construction.
)
B. CONTRACTOR shall comply with all applicable
Laws and Regulations relating to thc.. safety. of persons or
property, or to the protection of persons or property from
damage, iDjury, or loss; and shall erect and 1Jlll.intaiTt all
necessary safeguards for such safety and protection.
CONTRACTOR sbaU notify owners of adjacent property and
of Underground FacUitics and other utility owncn when
prosecution of the Work.may affect them, and shall cooperate
with them ii1 the protection, removal, relocation, and
replacement of their property. All damage, injury, or loss to
any property Rferred to in paragraph 6.13.A.2 or 6.13.A.3
caused, directly or indirectly, in whole or in part. by CON-
TRACTOR. any Subcontractor, Supplier, or any other
individual or entity dircct1y or indiIectly employed by my of
them to perform any of the Work, or anyone for whose acts
any of them may be liable, shall be remedied by
CONTRACTOR (except damage or loss attributable to the
fault of Drawings or Specifications or to the acts or
omissions of OWNER or ENGINEER or ENGINEER's C0n-
sultant, or anyone employed by any of them, or anyone for
whose acts any of them may be liable, and Dot attributable,
directly or indirectly, in whole or in part. to the fault or
negligence of CONTRACTOR or any Subcontractor,
Supplier, or other individual or entity directly or indirectly
employed by any of them). CONTRACTOR's duties and
responsibilities for safety and for protection of the Work shall
continue untD. such time as all the Wark is completed an.d
ENGINEER has issued a notice to OWNER: and
CONTRACl'OR in accordance with para~ph 14.07.B that
the Work is acceptable (except U . otherwise expressly
provided in connection with Substantial Completion).
6.14 Safl!lJ Representative
A. . CO~CTOR shall designa~. a qualified and
experienced safety representative at the 'Site whose dUlies and
respoDSlDiIities shall be the prevention of accidents and the
maintaining and supervising of safety precautions" and
programs.
6.15 Hazard Communication :Progranu .
A. CONTRACTOR shall be responsible for coordinating
. any exchange of material safety data sheets or other hazard
communication information required to be made available to
or exchanged ~cen or among employers at the Site in
accordance ~ Laws or Regulations.
6.16 Emugendu
A. In emergencies affecting the safety Dr protection of
persons Dr the Work or property at the Site or adjacent ;
thereto, CONTRACTOR is obligated to act to prevent
threatened damage', ittjui:y, or loss. CONTRAcrOR &ball..
give ENGINEER. prompt written notice if CONTRACTOR
believes that any significant changes ~ the Work or
variations from the Contract Documents have been caused
thereby or arc required as a result thereof~ If ENGINEER
determines that a change in the Contract Documents is
required because of the action taken by CONTRACTOR in
response to such an emergency, a Work Change Directive or
Change Order will be issued.
6.17 Shop Drawings and Samples
A. CONTRActOR shall submit Shop Drawings to
ENGINEER for review and approval in accordance with the
acceptable schedule of Shop Drawings and Sample
submittals. AU submittala will ~ identified as ENGINEER
may require and in the number of copies specified in the
General Requiretncnts. The data shown on the Shop
Drawings wm be complete with respect 10 quantities~ dimen-
sions, specified pcrfonnancc and design criteria, materials,
and similar data to show ENGINEER. the services, materlal:s,
and equipment CONTRACTOR proposes to provide IIDd to
enable ENGINEER. 10 review the information for the limited
purposes required by paragraph 6.17 .B.
B. CONTRACTOR shall also submit Samples to
ENGINEER for revieW and approval in accordance with the
acceptable schedule of Shop Drawings and Sample
00700 - 23
submittals. Each Sample will be identified clearly as to
material, Supplier, pertinent data such as catalog numbers,
and the use for which intended and otherwise as ENGINEER
may require to enable ENGINEER to review the submittal
for the limited purposes required by paragraph 6.17 .B. The
numbers of each Sample to be submitted will be as specified
in the Speci.ficatioDS~
C. Where a Shop Drawing or Sample is required by the
Contract Documents or- the schedule of Shop Drawings and
Sample submittals acceptable ic? ENGINEER as required by
paragraph 2.07, any related ~.W ork perforri1ed prior to
ENGINEER's rcyicw and approval of the pertinent submittal
will be at the sole expense and responsibility' of
CONTRACTOR.
.' D. Submittal Procedures
1. Before submitting each Shop Drawing or Sample,
CONTRACTOR shall have determined and verified:
a. all field measuremen~, qnllntiti~, dimen-
sions, specified performance criteria., installation
requirements, materials, catalog numbers, and
similar information with respect thereto;
b. all materials with respect to intended use,
fabrication, sl?ipping, hllnrtling. -storage.. .assembly,
, and installlltion pertaining ~6 'the performance of the
Work; . .
. :0.. f' ".. . .. .::.: '::' "i...:'". '-i. ..
c. all information relative to means, methods,
techniques, iequences, and procedures of construc-
tion and safety precautions and programs incident
thereto; and ',:'
d. CONTRACTOR shall also have reviewed
and coordinated each Shop Drawing or Sample with
other Shop Drawings and Samples and with the
requirements of the Work and the Contract Docu-
ments.
:."
2. Ellch submittal shall bear a stamp or specific
written jniUr..ation that CONTRACTOR has satisfied
CONTRACTOR's obligations under the Contract
Documcnt:s with respect to CONTRACTOR's;l"CMew and
approval of that submittal.
3. At the time of each submittal, CONTRACTOR
shall give ENGINEER specific written notice of such
variations, if any, that the Shop Drawing or. Sample
submitted may have from' the requirements of the
Contract Documents, such notice to be in a written com-
mUnication separate from the submittal; and, in addition,
.shall cause a specific notation to be made on each Shop
Drawing and Sample submitted to ENGINEER for review
and approval of each such variation., \ I'
'. I
E. ENGINEER's Review
1. ENGINEER will timely review and approve I !
Shop Drawings and Samples in accordance with the ' I
schedule of Shop Drawings and' Sample submittals \
acceptable to ENGINEER. ENGINEER's review and
. approval will be only to determine if"the items covered by 1,
the submittals will, after installation or incorporation in I
. the Work:, conform'to the: information given in the I i
Contract Documents and be compatible with the design , I
concept of the completed Project as a fUnctioning whole
as indicated by the Confract Documents. I I
, I
1,1
2. ENGINEER' ~ review !lJld approval will not .
extend to means, methods, techniques, sequences, or' ,
procedures of construction (except where a particular \ \
means, method, technique, sequence, or procedure of ·
construction is specifically and expressly called for by the
Contract Documents) or to safety precautions or programs \ I
incident thereto. The review and approval of a separate ,J
item as such Win not indicate approval of the as!lembly in
which the item functions. . \
3. ENGINEER's review and approval of Shop;
DrawingJ or Samples shall-not relieve CONTRACTOR I
from responsibility:. f~ my variation froni the require- I
mcnts oftbc Contract Documents unless CONTRACTOR -.
has in Writing call~d'BNGINEER's attention to each such
variation at the time of each submittal as required by i I
paragraph 6.17.D.3 and ENGINEER has given writte~ I,
approval of each such variation by specific written -
notation thereo! incorporated in or accomp~g the \
Shop Dnwing or Sample approval; nor will any approval .
by ENGINEER relieve CONTRACTOR .from.'
responsibility for complying with the requirements of !
paragraph 6.17.D.1. \
"
P. Rembmittal Procedure.s
1. CONTRACTOR shall make corrections required
by ENGINEER and shall return the required number of
corrected copies '. of Shop Drawings and submit as
required new Samples for review ~,approval. CON- :
TRACTOR shall direct specific attention in writing to '.
revisions other than the corrections called for by ENGI-
NEER on previous submittals.
6.18 Continuing the Work
A. CONTRACTOR shall carry on the Work and adhere I
to the progress schedule during all disputes or disagreements
with OWNER. No Work shall be delayed or postponed
pending resolution of any disputes or disagreements, except
00700 - 24
)
as permitted by paragraph 15.04 .or as OWNER and
CONTRACTOR may otherwise agree in writing.
6.19 CONI'RACI'OR'iGeneral Warranty and Guarantee
A. CONTRACTOR warrants and guarantees to
OWNER, ENGINEER. and ENGINEER'. CoDSoltants that
aU Work will be in accordance with the Contract Documents
and will not.be defectiVe. CONTRACTOR'. warranty and
guaranteQ.ht:reunder excludes dcfects:'cir damage Caused by:
1. abuse, modification, or improper Jna~~an~ or
operation by persous other than CONTRACTOR, Sub-
contractors. Suppliers, or ;my other individual or entity
for whom CONTRACTOR is responsible; or
00: ~ .; ..
2. nomial wear and tear under nonnal usage.
B. CONTRACTOR's ob1i~on to perform and
complete the Work in accordance with. the Contract
Documents shall be absolute. None of the following will
constitute an acceptance of Work that is not in accordance
with the Contract DocumeDta or a release of
CONTRAcToR's obligation to perform the Work in
accordance with the Contract DocuIneirts:
)
'. 1.. observations~. ENGINEER;-: ;-'
.. ..~. .. ..:...... . t
2. recom~datiOD by ENGINEER. or payment by
OWNER of any progress or final payment;
3. . the issuance of a certificate of Substantial
Completion by ENGINEER or 8ny PaYment related
thereto by OWNER; ·
4. use or occupancy of the Work or any part thereof
by OWNER;
S. any a.ccept.a1icc by OWNER or any failure to do
so;
6. any review and approval of a Shop Drawing or
Sample submittal or the issuance of a notice of acceptabn-
ity by ENGINEER;
7. any inspection, test, or approval by others; or
)
8. any correction of defective Work by <?WNER..
6.20 Indemnification
A. To the fullest extent permitted by Laws and Regula-
tiOlll, CONTRACTOll shall indemnify and hold harmless
OWNER. ENGINEER, ENGINEEll's Consultants, and the
officers, directors, partners, employees, agents, and olber
consultants and stJbcontracton of each and my of them from
and against all claims, costs, losses, and damages (including
but not limited to all fees and charges of engineers,
architects, attomeys, and other professionals and all coUrt or
arbitration or other disPute resolution costs) arising out of or
relating to the performance of the Work. provided tb.at any
such claim, cost, loss, or damage:
1. is attributable to bodily injury, sickness. disease.
,:>>r death. or to injury' to or destruction' of ~.gib~
',""PIo~ty (otla' than the Work itse1t), including the loss of
use rew1ting therefrom; and
2. is caused in whole or in part by any negligent act
or omission of CONTRACTOR. any ~ntractor, any
S\)pp1ier, or lID)' individual or entity directly or indirectly. 2
employed by any of them to perform any of the Work.or .
anyone for whose acts any of them may be liable,
regardless of whether or not caused in part by any
negligCDCC or omission of an individual or entity indem-
nified br:reImdcr or whether liability is imposed upon such
indemaificd party by Laws and Rcgalations regardless of
the negligence of any such individual or entity.
B.' .bi my and all claims against OWNER. or ENGINEER.
or any of their respective cOnsultants, agents, officers,
directors, partners. or employees by any employee (or the:
survivor or personal ICpreSentative of such employee), of .
CONTRACT01l. any Subpon~r, ap.y Supplier, or any
individual Or entity dircct1y or'iIidirCctly employed by any of
them 10 perform any 'Of the Work. or anyone for whose acts
any of them may be liable, the indemnifil2tion obligation
llDder paragraph 6.20.A shall DOt be limited in any way by
any limitation on the amount or type of damages,
compcosation, ~ benefits payable by or for CONTRACTOR
or any such Subcon~, Supplier, or other individual or
CD1ity UDder workers' compensation acts, disability benefit
acts, or other employee benefit acts.
C. . The indemnification obligations of CONTRACTOR:
undcr paragraph 6.20.A shall not extend to the liability of
ENGINEER. and ENGINEER's Consultants or to the
officen, ~n, partners, cmployees, agents, and other
CODSUltants and subcontractors of each and any of them
arising out of:
1. the preparation or approval of, or the failure to
prepare or approve, maps. Drawings, opinions, reports,
surveys, Change Orders, cksigDI, or Specifications; or
2. giving dircctions or instructions, Dr fallhtg to
give them, if that is the primary C~ of the injury or
damagc.
00700 - 25
ARTICLE 7 - OTHER WORK
"
7.01 Related Work at Site
A. OWNER may perfonn other work related to the
Project at the Site by OWNER's employees, or let other
direct contracts therefor, or have other work performed by
utility owners. If such other work is not noted in the Con-
tract Documents, then.:
1. written notice thereof w:ill ~. given to CON-
TRACTOR prior to starting any such other work; and
:. .,
2. if OWNER and CONTRACTOR arc unable to
agree on entitlement to or on the amount or extent, if any,
of any adjustment in the Contract Price or Contract Tunes
that should be allowed as a reSult of such "tbe{ work, a
Claim may be made therefor as provided in paragraph
10.0S.
B. CONTRACTOR shall afford each other contractor
who is a party to such a direct contract ;md each utUity OWDCr
(and OWNER, if OWNBR is perfoiming the other wOIt: with
OWNER's employees) proper and safe access to'the Site and
a reasonable opportunity fDr the intJ::od.uction and storage of
matcrials and equipment and the cxecution of such other
work and shall properly.coordinate the W~rk with theirs.
Unlesl& otherwise ~ ~ the Contrat;t;J).ocumcnts, CON-
TRACTOR shall d? all eutting'.. fitting, ~ ~atching .~f. the
....." : Work Chat may be required to properly comet; or otherwise
make ita several partS come together and PI:OP=rlY integrate
with such other waIt. CONTRACTOR shall DOt endanger
any work. of others by cutting, excavating, or otherwise
altering tb=ir work and will only cut or. alter their work with
the written consent of ENGINEER aDd the 'others whose
work will be affected. The duties and responsibilities of
CO~TRACTOR under this paragraph are for the benefit of
such utility owners and other contractors to the extent that
there are comparable provisions for the benefit of
CONTRACTOR in said direct .contracts between OWNER
and ~ utility owners and other contractors~
C. If the proper execution or results of any part of
CONTRACTOR'. Work depends upon work performed by .
others under this Article 7, COlfrRACTOR shall inspect
such other work and promptly report. to ENGINEER in
writing any delays, defects, or deficiencies in such other
work that render it unavailable or unsuitable for the proper
execution and results of CONTRACTOR's WaIt
CONTRACTOR's failure to so report will conStitute an
acceptance of such other work as fit ami proper for
integration with CONTRACTOR's Work except for latent
defects and deficiencies in such other work.
! I'
7.02 Coordination
A. If OWNER intends to contract with ~thers for the:! I
performance of other work on the Project at the Site, the: - ,
following will ~ ~t .fOrth in SU~lemcn~ Conditions: I:'
1. the indiVidual or entity who will have authority .
and responsibility for coordinaUon of the activities among '.
the various contractors will be i~entified; I !
. . '.' !
2. the specific matters to be covered by such
.. authority and responsibility will be itemized; and I !
. I
3. the extent of such authority arid responsibilities
will be provided. I \
B. Unless otherwise provided; in the Supplementary. I
Conditions, OWNER shall have sole authority and respon-\
sibility for such coordination. I
.i
. ARTICLB 8 - OWNER'S RESPONSmn.ITIES
I !
~I
I \
A. Except as ot1lcrwise provided in these General Condi- ..:
tions, OWNER' shall issue all communications to
CONTRACTOR throughBNGINEER:i . .~. . . ~ I I
. II
. ..... :.. .0 ; ~
8.02 Replacemmt oi ENGINEER .......
8.01
Commrmications to Contractor
I
A. In case of termination of the employment of ENGI- i
NEBR., OWNER shall appoint an engineer to whom '
CONTRACTOR makes DO reasonable objection, whose status i
under the Contract Documents shall be that of tbC fonner ;
ENGINEER. '
8.03 Furnish Data
A. OWNER. shall promptly furnish the data required of
OWNER under the Contract Docul1\ents.
8.04 Pay Promptly When DIU
A. OWNER shall ~ payments to CONTRACTOR
promptly when they Ire due u provided in paragraphs
14.02.C and 14.07 .C. .
8.0S Lands and Easements,' Reports and Tuts
A. OWNER's duties in respect of providing lands and
easements and providing. engineering surveys to establish
reference points arc set forth in paragraphs 4.01 and 4.05.
Paragraph 4.02 refers to OWNER'. identifying and making
avallable to CONTRACTOR. copies of reports of explorations
00700 - 26
A.. ENGINEBR. will make visits to 1he Site at intervals
appropriate to the mOIlS stages of construction as
ENGINEER deems necessary in order to observe as an
experienced and qualified design professional the progress
that has been made and the quality of the various aspects of
CONTRACTOR'I.exccuted Work. Based on information
obtained during sUCh visits and observational ENGINEER,
fQr the beDefit of OWNER.. will detenDiDe, in general: if the
A. The OWNER shaD Dot supervise. direct. or have Work is proce"di"l in accOIdaDce with the' Contract
control or authority OVCl, nor be n:spcmsible for, Documents. ENGINEER. willllOt be required to make
CONTRACTOR's meaJ;1l, methods, techniques, sequences, exbaustivc or r.nntitn'lOUS inspectious on the Site to check the
~',~., or'procedure. of constrUCtion, or the safety precautio':U'and . qaa1ity or quantity. of.the Work., ENGINEER'a efforts will
J . .,programs mcid~t t1u:lrcto, or for any failure .of GON-: be directed toward.proYidiDg for OWNER a.greater degree
. . " . TRACTOR to COQ1Ply with Laws and RCgu1atiOlifipp1iCable - of confidence that the completed" Work Wi1l cOnform
to the performance of tl'.l8 Work. OWNER. will DOt be generally to the Contract Documents. On the basil of such
responsible for CONTRACTOR's failure to perform the visits and observations, ENGINEER will keep' OWNER
Work. in aeeordance with the Contract Documeutx. informed of the: progress of the Work and will endeavor to
',. guard OWNER against defective Work.
I~
....
and tests of subsurface conditions and drawings of physical
conditions in or relating to existing surface or subsurface
strUctures it or contiguous to the Site that ha~ been utilized
by ENGINEER in preparing the Contract Documents.
8.06 Insurance
A. OWNER's responsibilities, if any, in respect to pur-
chasing and IPRi1'ltllining HabUity and. property insurance are
.:.~ ' set forth in Article S. .:..)' i r .
8.07 Orange Orden
A. OWNER is obligated to execute Change Orders as
indicated in paragraph 10.03.
,,, ...:.-.:".: ..
,. ::.-?.:.."
8.08
In.speCdolU, Turs, and Approvals
A. OWNER'. responsibility in respect to certain inspec-
tions, tests, and approvals is set forth in paragraph 13.03.B.
8.09 Limitatiolu on OWNER " Rupmuibilitla
8.10
UndUc10led HazanlolU EnvirOnmentJzl Condition
A. OWNER'. respobsibility in respect to an undisclosed
Hazardous Bnviro~ CotJdition is sct forth in paragraph
4.06.
8.11 Evidence of Furandal AmmgDnentr
A. If and to the emnt. oWNEil has agreed to fw:nish
CONTRACTOR reasonable evidence that fiDancial
arrangements have been made to satisfy OWNER's
obligations under the Contract Documents, OWNER's
responsibility in respeet thereof will be u set forth in the
Supplementary Conditions.
0)
ARTICLE 9 - ENGINEER'S STATUS DURING
CONSTRUCTION
9.01 OWNER'S Repruentative
A. ENGINEER will be OWNER'. representative during
the constr=tion period. The duties aDd ~nsjbmties and
the limitations of authority of ENGINEER Is OWNER's
representative c1m\2g 'construction lIe aet forth in the
Contract DocumeDta aud will DOt be changed without written
CODSCDt of OWNER and ENGINEER.
9.02 Vults to S'lle
B. ENGINEER's visits ~d observations are subject to
all the limitations on ENGINEER'. authority aDd
rtspODSl"bility set forth in paragraph 9.10, and particularly,
but wi1hout limitation, dming or as a result of ENGINEER's
visita or observations of CONTRACTOR'. Work
. ENGINEER will DOt supervise, direct. control, or have
authori1)r over or be responsible for CONTRACTOR's
meaDS, methodi, techniques, sequences, or procedures of
CODStroctioJl. or the safely precautioDs rmd programs incident
thereto, or for my failuro of CONTRACTOR to comply with
Laws aDd Regulations applicable to the performance of the
Work.
9.03 Project Repruentalive
A. If OWNER. and ENGINEER agree, ENGINEER will
furnish I Resident Project Rep~ntative to ~sist
ENGINEER in providing more extensive observation of the
Work. Tbc responsibilities and authority and limitations
thereon of any such. Resident Project Representative' and
assistants will be u provided in paragraph 9.10 and in the
Supplem~nt.llry Conditions. If OWNER. designates another
00700 - 27
\ '
I \
. ..J
A. ENGINEER may authorize minor variations in the A. ENGI~R will be the initial interpreter of the
Work from the rcquircmCnts at the Contract Documents requirements of the Contract Documents and judge of the I !
which do not involve an adjustment in the Contract Price or acceptability of the Work thereunder. Claims, disputes and I I
the Contract Times and ire compatible with the design oth~ matters relating to thc a.cce;ptabUi.t.y of the Work, the '
concept of the completed Project as a functioning whole as qUit1:ttitir!;S and classificatiooa of l,Jnh Price Work.' the
. ~~~M:tw. the . Conttact Documents. 'Ibese maY!~~'t .~inlei'pretation of the ,l'eqWremcnrs of the Contrac:t~aocutnents \
~p.~H,~~~"py, a Field' Order and will be bindin~ ~~.:..:,pertaining to. the performance of the Work,. ~,C~.. i,.
OWNER ~and also on CONTRACTOR, who shall perf6ni1 . s=1dDg Changes in the Contract Price or ContraCt Tiuies Will
the Work involved promptly. If OWNER. and CQNTRAC-: bc rcfcired initially to ENGINEER. in writing, in accordance \
TOR are unable to agree on entitlement to or on the amount with the provisions of paragraph 10.05, with a request for a
or extent. if any. of any adjustment in the Contract Price or formal decision.
Contract Times, or both, as a result of a F~d Order, a
Claim may be made therefor as provided in paragraph 10.05.
representative or agent to represent OWNER at the Site who
is not ENGINEER's Consultant, agent or employee, the
responsibilities and authority and limitations thereon of such
other individual or entity will be as provided in the Supple-
mentary Conditions.
9.04 Clarifications and Interpretations
A. ENGINEER will issue with rc;asonablc promptness
sUCh written clarifications or interpretations of the requirr-
mcmm of the Contract Documents as ENGINEER may detcr-'
mine necessary, which shall be col1$istcDt with the intent of
and'reasonably inferable from the Contract Docu.mcnts. Such
written clarifications and interpretations will.l>c binding on
OWNER and CONTRACTOR. If OWNER and CON-
TRACTOR arc unable to agree on entitlement to or on the
amount or extent. if any, of any adjustment in the Contract
.Price,or .Contract T1Illes, or both. that should be allowed as, ,
.I\'_ '. . . .
a result of a written clarification or interpretation, a Claim
may be made therefor as p~ovided in paragraph 10.0S.
9.05
Authorized Variations in Work
9.06
Rejecting Defective Work
A. ENGINEER will have authority to disapprove or
reject Wark which .ENGINEER believes to be defective, or
that ENGINEER bc1icvca will not produce a completed
Project that conforms to the Contract Documents or that will
prejudice the integrity of the design concept of the completed
Project as a functioning whole as indicated by the ~
Dtv'!lnnP-ntR, BNGINEER.~ also have authority to require
special inspection or testing of the Work as provided in
paragraph 13.04, whether ,or not the Work is fabricated.
installed, or completed.
9.07 Shop Drawings, Change Orders and ~ayminls
A. In connection with ENGINEER's authority as to Shop
Drawiiigs and Samples, see paragraph 6.17. '
B. In connection with ENGINEER's authority ~ to
Change Orders, see Articles 10,,11, and 12. .
C. In connection with ENGINEER's authority as to
Applications for Payment, see Article 14. .
i
I
i
'. i
9.08 Detenninations for Unit Price Work
, A. ENGINEER will determine ~ actu!ll quantities and
classifICations of Unit Price Work performed by
CONTRACTOR. ENGINEER will review'<With CON-
. TRACTOR the ENGINEER's ~ ~~tmiriatioDl on \ i
such matters before rendering a written decision'thereon (by . I
rccoJTImendation of an Application fot Payment or
otherwise). ENGINEER's written decision thereon will be \ !i..
final and binding (except as modified by ENGINEER. to
rctlect changed factual conditions or more accurate data) . I
,upon OWNER and CONTRACTOR, subject. to, ..ttho
provisions of paragraph 10.0S. ' . '. \ \
, \
9.09 t;>ecisions on Requirements of Contract Documents
and Acceptability of Work .
I
B. When functioning as in~rctcr and judge under this \
. paragraph 9.09, ENGINEER will not show partiality to
OWNER or CONTRACTOR and will not be liable in
connection with any intcrprctation or decision rendered in
good faith ~ such capacity. The r~cring of a decision by
ENGINEER ~ to this paragraph 9.09 with respect to
any such Claim. dispute. or other matter (except any which
have been waived. by the making or acceptance of ,final
payment as provided in paragraph 14.07) will be a condition
precedem to any exercise by OWNER.' or CONI:RACTOR of
. such rights or ~es as either may otherwise have unde:r
the Contract DoauneutI or by Laws or Regulations in respect
of any soch Claim, .dispute, or other matter.
9.10 Limitations on ENGINEER's Authority and R.espon-
&ibilitie.r
A. Neither ENGINEER's authority or responsibility
under this Article 9 or under any other provision of the
Contract Documents nor any decision made by ENGINEER
in good faith either to exercise or not exercise such authority
00700 - 28
,)
or responSibility or the undertaking, exercise, or performance
of any authority or responsibility by ENG~ shall create,
impose, or give rise to any duty in contract, tort, or
otherwise owed by ENGINEER to CONTRACTOR, any
Subcontractor, any Supplier, any other individu~ or entity.
or to any surety for or employee or agent of any of them.
Directive, a Claim may be made therefor as provided in
paragraph 10.OS. '
10.02
Unauthorized Changes in the Work
~ CONTRACTOR shall not be entitled to an increase '
in the Contract Price or an extension of the Contract Times .
B. ENGINEER will not supervise. direct, control. or with respect to any work performed that is not ~ by
have authority over or be responsible for CONTRACTOR's, ., . the Contract Documents as 'anu:Dded, modifiea, or
means, ~ethods, techniques, sequences, or ,~cedures of .-fupplemented as provided in paragtaP.!\.'3,04, except ~ the
, construction, or the safety precautions and pragIims incident : case of an emergency as provided in pitagraph 6.16 or hi the
thereto, or for my failure of CONTRACToR to comply with case of uncovering Work as provided in paragraph 13.04.B.
Laws and Regulations applicable to the perforinance of the
Work. ENGINEER will not be rcspDnsible for 10.03 Executio~ of Change Orders .
CONTRACTOR's failure to perform the Work in accordance:
, with the Contract Doc:aments.
. \. t... ,1,:.".1.
C. ENGINEER will DOt be responsible for the acts or
omissions of CONTRACTOR or of any Subcontractor, any
Supplier, or of any other individual or entity pe.LforoUng any
of the Work.
A~ OWNER and CONTRACfOR shall cxccute .
'a~ Change Orders recommp'.l')1ie,d by ENGINEER"(Or":'
Written Amendments) covering:
1. changes in the Work which are: (i) ordered by
, OWNER. pursuant to paragraph 10.01.A, (it) required
. because of aCceptance of defective Work under para_
graph 13.0B.A or . OWNER's correction of defective
Work.under paragraph 13.09, or (ill) agreed'to by the
parties;
D. ENGINEER's review of the final Application for
Payment and accompanying documentation and all mainte-
nance and operating instructions, schedules, guarantees,
Bonds, certificates of inspection, tests and approvals, and
... ..other, do~~ required to be dcliVe~d by pa~~pb, .ih."_'" ;~2. changes in the Contract Price or Cont:raptI7TW1~. "t
~' -14.07:'^~rmrYbetodeterminegcnera1lytbat'theircontcnt ' . "'whic;b arc agreed to by the pirtles; inclUding my
# . ..comp1iei:.wiili~'the requirements of, and in the' case.'oC', :;" .':Uiu1isputed sum or amount of time mr:Work' actlmlIy":.:1
certificates of inspections. tests, and approvals that the results performed in accordance with a Work Change Directive;
, certified indicate compliance with, die Contract Documents. and
E. The limitations upon authority and responsibility set
forth in this paragraph 9.10 shall also apply to ENGINEER's
Consultants, Resident Project Representative, and ~sistants.
ARTICLE 10 - CHANGES IN THE WORK.; CLAIMS
10.01 Aut/wrized CJumges in the Work
A. Without invalidating the Agreement and without
notice to any surety, OWNER. may, at any time or from time
to time, order additions, deletions, or revisions in the Work
by a Written Amendment, a Change Order, or a Work
Change Directive. Upon receipt of any such document,
CONTRACTOR shall promptly proceed with the Work
involved which will be performed under the applicable
conditions of the Contract Docwncnts (except as otherwise
specifically provided). .
)
B. If OWNER and CONTRACTOR are unable to agree
on entitlement to" or on the amount or extent, if any, of an
adjustment in the Ccmtnct Price or Contract Times. or both,
that should be allowed as a result of a Work Change
3. changes in the Contract Price or Contract Tnnes
wbich embody the substance of any written. decision
rcnder=d by ENGINEER pursuant to paragraPh 10.05;
provided that. in lieu of executing any such Change
Qrder, m appeal may be' taken from any such decision
in accordance with the provisions of the Contract
Documents and applicable Laws and Regulations, but
during any such appeal, CONTRACTOR shall carry on
the Work ~ adhere to the progress schedule as
provided in paragraph 6.18.A.
10.04 Notification to Surety
A. If notice of any change affecting the general scope
of the Work or the provisions of the Contract Documents
(including. but not limited to, Contract Price or Contract
Tunes) is required by the provisions of my Bond to be given
to a smety, the gil'ing of any such' notice will be
CONTRACTOR's responsibUity. The amount of each
applicable Bond will be adjusted to reflect the effect of my
such change.
00700 . 29
10.05 Claims and Disputes
A. J:l.ofi..c~:. ,W~!l AQ*e s~tin..J ~~.ge~ ~e of
.. ...... 10
each Claun, dispute, or other matter shall be delivered by the
claimant to ENGINEER and the other party to the Contract
promptly (but in DO event later than 30 ~ys) after the start of
the event giving rise thereto. Notice of the amount or extent
of the Claim. dispute, or other matter with supporting data
shall be delivered to the ENGINEER and the other party to
the Contract. within 60 days after the start of such event
(unless ENGINEER. allows additional time for claimant to
submit addilioDai or more accurate data. in support 'of soch
Claim. dispute. or other matter). A Claim for an adjustment
in Contract Price shall be prepared in accordance with the
provisions of paragraph 12.01.8. A Claim for an adjustment
in Contract Tunc shall 'be prepared in accordance with the
provisions of paragraph 12.02.B. Each Claim shall be
accompanied by claimant's written statement that 1he adjust-
ment claimed is the entire adjustment to which the claimant
believes it is entitled as a result of said event. 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).,
B. ENGINEER's Decision: ENGINEER will render
a formal decision in writing within 30 days after ~eipt of
the last submittal of the claimant or the last submittal of the
opp~sing p.~, Jf. any~ ENGINEER.'i written decision on
such ~,'diSPUtC. Or other matter will. be final and binding
UP.PD: Q~,~,(:ONTRACTOR unless: "
'I. an appeal from ENGINEER's decision is taken
within the time limits and in accordance with the dispUte
resolution procedures set forth in Article 16; or
"
'2. if no such dispute resoluiion. procedures have
been set forth in Article 16, a written notice ot'intention
to appeal from ENG~'s written decision is
delivered by OWNER. or CONTRAcrDR to the other,
and to ENGINEER. within 30 ~s after the date of such
deCision, and a formal proceeding is instituted by the
appealing party in a forum of competent jurisdiction
within 60 days after the date of such decision or within
60 days after Substantial Completion. whichever is latet
(unless otherwise agreed in writing by OWNER and
CO~CTOR). to exercise such rights or remedies as
the appe~ party may have with respect to such
Claim.; disput=, or other matter in accordance with
applicable Laws and Regulations.
C. If ENGINEER. does not render a formal decision in
writing within the time stated in paragraph 10.OS.B, a
decisj.on denying the Claim in its entirety shall be deemed to
have been issued 31 days after receipt of the last submittal of
!:be claimant or the last submittal of the opposing party, if
any.
I i
D. No Claim for an adjustment in Contract Price or
Contract Times (or Milestones) will be valid if not submitted
in accordance with this paragraph 10.05. i
ARTICLB 11 - COST OF THE WORK; CASH
ALLOWANCES; UNIT PRICE WORK
1\
I :'
I
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11.01 Cost of the Work .:::
, '.. ,: ;~. : Costs Included: The term Cost of the Work m.eanl :..
the sum of all costs necessarily incurred a:J;1d paid by CONJ. !
TRACTOR in the proper performance of the Work. When '
the value of any Work covered by a Change Order or whe~ Ii
a Claim for an adjustment in Contract Price is determined oIl
the basis of ,Cost of the Wark, the costs to be reimbursed to .'
CONTRACTOR willbe only those additional or incremenhiJ, '..
. costs required because of the change in the Work or becaus~ !
of the event giving rise to the Claim. Except as otherwise \
may be agreed to in writing by OWNER. such costs shan be ..
in amounts no higher than those prevailing in the locality o~ !
the Project, shill include only the fonowing items, and shan! -:
not.include any of the costs itemized in paragraph 11.01.B. .
1. Payroll costs for employees in the direct emplo~ J
of CONTRACTOR in the performance, of the W.ork '
" ;1J:Ddef ~ehedules of job classifications agreed upon b~ :
'OWNER. and CONTRACTOR. Such employees shall: '
'.: :~,Qlqlu,dC..wi'lhD!tt limitation superintendents. foremen, ~t,i
other personnel. employed full time at the Site. , Payron
costs for employees not employed full time on the World i
I .
shall be apportioned on the basis of their time spent oIi .1
the Work. Payroll costs shall include, but not be limited
to, salaries and wages plus the cost of fringe .benefits,!
which shall include social security contnbutions, 1JIlCm~ :
ployment, excise. and payroll taxes. workers".:
compensation, health and retirement benefits, bonuses..
sick leave, vacation and holiday pay applicable thereto.! ,
The expenses of performing Work outside of regular: '
waddng hours, on Saturday, Sunday. or legal holidays,
shall be mcluded in the above to the extent authorized by,
OWNER.
2. Cost of'all materials and equipment furnished,
and incorporated in the Work, including costs: 0':, .
transportation and storage thereof. and Suppliers. fieid.
, services required in connection therewith. All cash,
,discounts shall accme to CONTRACTOR unlessl
OWNER deposits funds with CONTRACTOR with'
which to make payments, in which case the cash
discounts shall accrue to OWNER. All trade discounts"
rebates and refunds and returns from sale of surplus:
materials and equipment shall accrue to OWNER., and
CONTRACTOR shall make provisions so that they maYI
be obtained. ;
00700 ~ 30
,
3~ Payments made by CONTRACTOR to
Subcontractors for Work performed by Subcontractors.
If required by OWNER, CONTRACTOR shall obtain
competitive bids from subcontractors acceptable to
OWNER. and CONTRACTOR and shall deliver such
bids to OWNER, who will then determine, with the
advice of ENGINEER, which bids, if any, will be
~table. If any subcontract provides that the .
"SUbcontractor is to be paid on the basis of Cost of the '.
W~i'k-plus a fcc, the Subcontractor's Cost oftbe Work ,:':
and fee shall be'determined in thc same manner as
CONTRACToR's Cost of the Work and fee as provided
in this paragraph 11.01.
4. Costs of special consultants (including but not
limited to engineers, architects, testing laboratories,
surveyors, attomCy~4~ \~'i:.d acco\mtaDta) employed for
services specifically related to the Worle.
s. Supplemental costs including the following:
a. The proportion of ncccssuy transportation,
travel, and subsistence expenses of
CONTRACTOR's employees incurred in discharg~
of duties connected with the Work.
)
b. . Cost. incluc:ling transporttition and maintc-
nanc.c, of 'an ':'matcrials, Supplies. equipment,
mlichinCIj:;'ippiiaiibeSrbffice, and temporaIy facili-
ties at the Site, and hand tools not owned by the
workers, which axe consumed in the performance of
the Work. and cost, less market v$Je, of such items
used but not consumed which remain the property of
CONTRACTOR. ".
c. Rentals of all construction equipment and
Jnllcl1inery, and the parts thereof whether rented '
from CONTRACTOR or otbcn in accordance with
rental agreements approved by OWNER witJl the
advice of ENGINEER, and the costs of
traDsportati~ loading, unloading, assembly,
dismantling, and removal thereof. All such costs
shall be in accordance with the terms of said rental
agreements. The rental of any such equipment, ma-
chinery, or parts shall cease when the use thereot"is
no longer necessary for the Work.
do Sales. consumer, use, and other similar
taxes related to the Work, and for which CON-
TRACTOR is liable, imposed by Laws Bnd Regu-
lations .
)
e. Deposits lost for causes other than negli-
gence of CONTRACTOR, any Subcontractor, or
anyone directly or indirectly employed by any of
them or for whose acts any of them may be liable,
00700 - 31
and royalty payments and fees for permits and
licenses.
f. Losses and damages (and r~lated expenses)
caused by damage to the Work, not compensated by
insurance or otherwise, sustained by
CONTRACTOR in connection with the perfor-
mance of the Work (except losses and damages
within the deductible amounts of property. insUrance
. established in accordance with paragraph.S.06;D).
prOVided such losses and damages have resulted
from causes other than the negligence of
CONTRACTOR. any Subcontractor, or anyone:
directly or indirectly employed by any of them or
for whose acts iny of them may be liable~ Such
l~scs. . shall include settlements made with' the
. wrincn eoDsent and approval of OWNER. No stich
losses, damages, and expeIJSes shall be included in
the Cost of the Work for the purpose of determining
CONTRACTOR's fee.
g. The cost of utilities, fuel, and sanitary
facilities at" the Site.
b. Minor expenses such as telegrams, long'
distance telephone callJ, telephone service at the
" . -Snc. expressage, and similar petty cash items in
coDDection With the Work.
, -:~. .:.~"/..:r.1;:"'.. ..~~..
i. When the Cost of the Work is used to
determine the value of a Change Order or of a
Claim, the cost of premiums for additional Bonds
and insurance rcqaircd because of the changes in the
Work or caused by the event giving rise to the
Claim.
j. When all the' Work is perfonncd on the
basis of cost-plus, the com of premiums for aU
Bonds and insurance CONTRACTOR is required by
the Contract Documentl to purchase and maintain.
B. Co~ Excludetl: 'Ibe term Cost of the Work shall
not include any of the fonowing items:
1. Payroll costs and other compensation of
CONTRACTOR's officeR, executives, principals (of
partnerships and sole proprietorships), general manag-
era, engineers, architects, estimators, attorneys, audi-
tors, accountants, purchasing and contracting agents,
. expediters, timekeepers, clerks, and other personnel
employed by CONTRACTOR, whether at the Site or in
CONTRACTOR's principal or branch office for general
adm;nistration of the Work and not specifically included
in the agreed 11pOIl schedule of job classifications
referred to in paragraph 11.01.A.I or specifically
covered by paragraph 11.01.A.4, all of which are to be
considered administrative costs covered by the
CONTRACTOR's fee.
'2. Expenses of CONTRACTOR's principal and
branch offices other than CONTRACTOR's office at the
Site.
3. Any part of CONTRACTOR's capital expenses,
including interest on CONTRACTOR's capital employed
for the Work and charges against CONTRACTOR for
delinquent payments. "
.,'
4. Costs due to the negligence of CONTRACTOR,
any Subcontractor, or anyone directly or indirectly
employed by any of them or for whose acts any of them
may be liable, including but not limited to, the
correction of defective Work, disposal of materials or
equipment wrongly suppUed;,', and making good any
damage to property.
s. Other overhead or general expense costs of any
kind and the costs of any item not specifically and
expressly included in paragraphs 11.01.A and 11.01.B.
C. CONTRACTOR's Fee: When all the Work is
perfonned on the basis of cost-plus, CONTRACTOR's fee
shall be dcicrmined as set forth i;n the Agreement. When the
- value of any Work coverec;l, by a ~~gc Ordcr or when a
Claim for an adjustment In Contract Price is determiD.ed on
the basis of Cost of the Work, CONTRACTOR's fee shall be
determined as Sel fort4 in pm~h.12:01.C.
D. DocumenJation: ~ the Cost of lhe Work for
any purpose is to be determined purSuant to paragraphs
11.01.A and 11.01.B, CONTRACTOR will establish and
[Illlintllb; records thereof in accordance with ~nerally
accepted accounting practices and submit in' a form
acceptable to ENGINEER an itemized cost breakdown
together with supporting data.
.11.02 Cash Allowances
......
A. It is understood that CONTRACTOR bas included
in the Contract Price all a110waDces so named in the Contract
Documents and. shall cause the Work so covered to be
performed for such sums as may be acceptable to;.Q~
and ENGINEER. CONTRACTOR agrees that:
1. the allowances include the cost to CONTRAC-
TOR (less any applicable trade discounts) of materials
and equipment required by the allowances to be
delivered at the Site, and all applicable taxes; and
2. CONTRACTOR's costs for 1DIloading and
handling on the Site, labor, installation costs, overhead,
profit, and other "expenses contemplated for the allow-
anees have been included in the Contract Price and. not
in the allowances, and no demand for additional paymd
on account of any of the foregoing will be valid. !
B. Prior to fmal payment, an appropriate Change Ord~
will be issued as recommended by ENGINEER to refle~ ,
actual amounts due CONTRACTOR on account of Work!.
covered by allowances, and the. Contract ~e shall b- ,.,
correspondingly adjusted., \ j
.. ,
11.03 Unit Price Work .
A. Where the ~~t Documents proyide that all Jl !.
part of the Work is to be Unit Price Work, initially the
Contract Price will be dcCmcd to include for all Unit priol i
Work an amount equal to the sum pf the unit price for ead. \
separately identified ..item of Uni~ Price Work times the
estimated quantity :of eacb. item as. indicated in the Agree. .
ment.. The estimated qll~ntiti~s of ~tems of Unit Price War, !
are not guaranteed. and arc solely for the. purpose of l
comparison of Bids and determining an initial Contract Price.
Determinations !>f the actual quantities and classificati~ns 0\ \
Unit Price Wt?rk performed by CONTRACTOR will bL)
made by ENGiNEER subject to the provisions of paragraph
9.08. I
B. Each. unit price will be deemed to include an. amount ~
considered by CO~CroR to be adequate to cover
CONTRACTOR's overlleatl 'and. profit for each separatclj
.de-.:=-d .. I
1 ~ item. . ..... :..Itro....'.. ~:.
c. OWNER or CONTRACTOR may make a Claim foj
an adjustment in the Contract Price in accordance wit:(.
. paragraph 10.05 if:
1. the quantity of any item of Unit price wor~
performed by CONTRACTOR differs materially and.-
significantly from the estimated quantity of such, item
indicated in the Agreement; and ;
2. then: is no corresponding adjustment with
resp~ any other item of Work; and
3. if CONTRACTOR believes that'
CONTRACTOR is entitled to an increase in Contract
Price as a ~t of having incurred, ad;~onal expense 01
OWNER believes that OWNER is entitled to a decrease'
in Contract Price and the parties arc 'unable to agree a~
to the amount of any such increase or decrease. I
00700 - 32
ARTICLE 12 - CHANGE OF CONTRACT PRICE;
, CHANGE OF CONTRAct TIMES
12.01 Chtmg, of Contract Price
A. The Contract Price may only be changed by a
Olange Order or by a .Written Amendment. Any Claim for
an adjustment in the COntract Price sbaIl be based on written
notice submitted by .dic party making the Claim to the
ENGINEER and the' other party to the Contract in accor-
dance with the provisions of paragraph 10.0S..
B. The value of any Work covered by a Change Order
or of any' Claim for an adjustment in the CQntracl Price will
be det:crmined as fonows: . .~::.~ .... ,.
1. where the Work involved is covered by unit
prices contained in the Contract })ot!tlfl1ent", by applica-
tion of sach unit prices to the quantities of the items
involved (subject to the provisions of paragraph 11.03);
or
,..
2. where the Work involved is not covered by unit
prices contained in the Contract DocomentI, by a
mutually agreed lump sum (~l!ic;:h. may include an
allowance for overhead and' profit .JlO~' necessarily in
accorclaDcc with.paragraph 12!()1..C..~); ~r . .
3. where the Work .inwlvcd is not covered by unit
prices ~ in the Contract Documents and agree-
ment to a lump sum is not ~ed 1JDdcr paragraph
12.01.B.2, 011 the basis of the >.Cost of the Work
(determined as provided in parag'raph 11.01) plus a
CONTRACfOR's fee for overhead and profit (deter-
mined as provided in paragraph 12.01.C).
C. cONI1<<CI'OR's Fee: The CONTRACTOR's fee
for overhead and profit shall be determined as follows:
1. a mutnally acceptabl~ fixed fee; or
2. if a fixed fee is DOt agreed upon. then a fee
based on the following pcrcentagcs of the various
portions of the Cost of the Work:
L for costs incurred under paragraphs
11.01.A.l and 1l.01.A.2, the CONTRACTOR's
fee shall be 1S percent; ,
)
b. for costs incurred under paragraph
11.01.A.3, the CONTRACTOR's fee shall be five
percent;
c. where one or more tiers of subcontracts are
011 the basis of Cost of the Work plus a fee and no
fIXed fee is agreed upon, the intent of paragraph
12.01.C.2.a is that the Subcontractor who actually
performs the Work. at whatever tier. will be 'paid
a fee of IS percent of the costs iIicurred by such
Subcontractor under paragraphs 1l.01.A.l md
. 11.01.A.2 and that any higher tier Subcontraetor
and CONTRACTOR will each be paid a fee of fIVe
p~ent of the amount paid to the next Jower tier
Subcoptractor; ,. .
;' .. ;~.
d. no fee shaD be payable on the basis of cos.ts
itemited under paragraphs 11.01.A.4. 11.01.A.S,
and 11.01.B;
e. . the amount of credit to be allowed by
CONTRACTOR to OWNE.R.for any change which
results in a net decrease in cost wm be the amoum
of the actual net dectease in' cost plus a deduction in
CONTRACtOR's fee by an amount equal to five
percent of such net decrease; and
f. when both additioDS and credits are in-
volved in any one change, the adjust;neDt in
CONTRACTOR's fee shall be computed on the
basis of the net change in accordance with para-
graphs 12.01.C.2.a through 12.01.C.2.e, inclu-
sive. ".: ~..J~\.."'I'::+ r,..
.... '. ".", ..
12.02 aumg~ of Contract Times
A. The Contract Junes (or Milestones) may only be
changed by a Change Order or by a Written AmendmCnt.
Any Claim for an adjustment in the Contract runes (or
Milcstooes) shan.be based on written notice submitted by the
party making thc claim to the ENGINEER. and the .other
party to the Contract in accordance with the provisions of
paragraph 10.OS.
B. Any adjustment of the Contract Tunes (or
Milestones) covered by a Change Order or of any Claim for
an adjustment in the Contract Tunes (or Milestones) will be
detb&whd in accordancc with the provisions of this
Ardcle 12.
12.03 Delays Beyond CONrRA crOR 's Control
A. Where CONTRACTOR' is prevented from
completing any part of the Work within the Contract Tunes
(or Milestones) due to delay beyond the control of
CONTRACTOR. the Contract rUnes (or Milestones) will be
extended in an amount equal to the time lost due to such
delay if a Claim is made therefor u provided in paragraph
12.02.A. Delays beyond the control of CONTRACTOR
shaD include, but not. be limited to, acts or neglect by
OWNER, acts or neglect of utility ownen or other
contractors performing other work as contemplated by
00700 - 33
Article 7, fires, floods, epidemics, abnormal weather
conditions, or acts of God.
12.04 Delayl Within CONTRAcrOR's Control
A. The Contract Times (or Milestones) will not be
extended due to delays within the control of
CONfRACTOR. Delays attributable to and within the
ccmtrol of a Subcontractor or Supplier shall be deemed to be
delays within the control of CONTRACTO~ . :
12.05 Delays Beyond OWNER's and CONTRACTOR's
Control
A. Where CONTRACTOR is prevented from complet-
ing any part of the Work within the Contract Times (or
. 'Milestones) due to delay beyond the control of both OWNER
. .:.~. ':"'llid CONTRACTOR, an extension of the Contract TIDid (or
Milestones) in an amount equal to the time lost due to such
delay shall be CONTRACTOR's sole and exclusive remedy
for such delay.
12.06 Delay Damages
A. In no event shall OWNER. or ENGINEER. be liable
to CONTRACTOR, any SubcoDl:ra.ctor, any Supplier, or any
other person or organization.; or to. any surety for or
. ... '. . .~~loyec or agent of any of them, for ~ges' ~s~g ~ut of
" ......... 'or resulting from.:' . . '. .' ., . '. "
.. ._ ",,0 :.. ....:"
1 ~ delays caused by or within the control of CON-
~CTOR; or
2. delays beyond the control of both OWNER and
CONTRACTOR including but 'not limited to tires,
floods, epidcuiics, abnormal weather conditioD;S, acts of
God. or acts or neglect by utility owners or other
contractors performing other work as contemplated by
Article 7. .
B. Nothing in this paragraph'12.06 bars a change in
Contract POco pursuant to this Article 12 to compensate
CONTRACTOR due to delay, interfcrcncc, or disruption
directly attributable to actions or inactions of OWNER. or
anyone for whom O~ is responsible.
ARTICLE 13 - TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR ACCEPTANCE OF
DBPECTlVB WORK
13.01 Notice of Defects
A. Prompt notice of all defective Work of which
OWNER or ENGINEER has actual knowledge will be given
to CONTRACTOR. All defective Work may be rejected"
corr~cted, or accepted as provided in this Article 13.
13.02 Access to Work
i
I
I
; i
I
i ,
A. OWNER, ENGINEER. ENGINEER's Consultants, I ,:
other representatives and personnel of OWNER, independent .'
testing laboratories, and governmental agencies with II
jurisdictional interests will have access to the Site and the ~ i
Work at reasonable times for their observation. inspecting, ':
and testing. CONTRACTOR shall provide them proper and \'
safe conditions for such access ..and advise them of i
CONTRACTOR's Site safety procedures.and programs so ,i
that they may comply ther~ith as applicable.
13.03 Tefts and Inspections
. .. A. CONTRACTOR shan give ENGINERR. timely \
notice of readiness of the Work: for all required inspections,
tests, or approvals and shall cooperate with inspection and '
testing'personnel to facilitate. required inspections or tests. I
, I
B. OWNER shall employ and pay for the services of an .
independent testing laboratory to perform. all inspec?o1l&,
tests, or approvals required by the Contract Documents \
except: ,
"1. for ~ectioris, ,tests, or !!P.P!'9.~s. covered bY'l
paragrapbs 13.03.C and 13.03.D below;" ,
. .".
2. that costs incurred in connection with tests or I
inspections ~nductcd pursuant to paragraph 13.04.B I
shall be paid as provided in said paragraph 13.04.B; and':
3. as otherwise specifically provided in.the Con-!
tract Docum~~. . !
C. If Laws or Regulations of any public body having!
jurisdiction require any Work (or part thereof) specifically to \
be inspected, tested. or approved by an employee or other' ;
representative of. such public body, CONTRACTOR shall,
assume full responsibility for arranging and obtaining such.
inspections, tests, or approvals. pay all costs in connection' :
therewith. and furnish ENGINEER the required certificates
of inspection or approval.
D. . CONTRACTOR shall be responsible for arranging
aIUi obtaining and shall pay all 'COsts in connection with any j
inspections, tests, or approvals required for OWNER's and:
ENGINEER's acceptance of materials or equipment to be
incorporated in the Work; or acceptance of materials, mix
designs, or equipment submitted for approval prior to'
CONTRACTOR's purchase thereof for incorporation in the'
Work. Such inspections. tests, or approvals shall be
performed by organizations acceptable to OWNER and:
~G~. '
00700 - 34
A. CONTRACTOR shall corrc:ct all.defective Work,
whether or DOt fabricated, ~~lcd, Dr compl~ted, or, if the
Work has been rejected by ENGINEER, remove it from the
Project and replace it with Work that is. not defective.
CONTRACTOR shall pay all Cairns, costs, losses, and
damages [mcluding but not limited to all fees and charges of
A.. If any Work is covered contraIy to the wri~ engineers, architects, attorneys, and other profession81s and
request of ENGn-mER, it must, if requested by ENGINEER, " all court or arbitration or 9ther dispute resolution costs)
bC'uDcQVered for ENGINEER's observation and replaced at......' .arising' out of or relating to such correction 'or removal'
CONTRACTOR.'s expense. . (mc1uding but not limited to all costs of repair or replacement
of work of others).
. B. If BNGINEER considers it necessary or advisable
chat covered Work be observed by ENGINEER or inspected 13.07 Co"ection Period
or tested by others, CONTRACl'OR. at ENGINEER's .'
request, shall uncover, expose, or otherwise make available A.. If Within one year after the date of Substantial
for observation, inspection. or testing u ENGINEER may Completion or such longer period Df time as. may be
re~, that portion of the Work in qaestion, furnishing all prescnbcd by Laws or Regulations or by the termI of any
necessary labor, material, and equipmeDt. If it is found that applicable special guarantee required by the Contract
. ... 'such Work is defective, CONTRAcroR shall plo/""~ :.::.Documents or by any specipc provision o(.the. qmtract
) ~ "'.Claims,"~, losses, ~ damages [mcluding but not liinited Documents. any Work is found to be defective," or if the
. to aU fees aDd c:1Jarm:s of r:ngineeIS, architects, attomeYs,.mi ~".. "repair of any damages to the land Or areas made aviilable!mr
other professionals and all court or arb~ation or oth~ CONTRACTOR's use by OWNER or penmtted by Laws and
dispute resolution costs) arising out of or relating to -such RegtJ1ations as contemplated in paragraph 6.11.A is found to
uncovering,. exposure. observation. inspection, and testing, be defective, CONTRACTOR shaI1 promptly, without cost
and of satisfactory replacement or rcCODStrUCtion (including to OWNER and in accordance with OWNER.' s written
but not limited to aU costs of repair or"replacement of work in$tructions: (il ~ such defective land or areas. or Oi)
of others); and OWNER shall be entitled to an appropriate correct such defective Work or, if the defective Work has
decrease in the Contract Price. If the parties arc unable ~ been rejected by OWNER, remove it from the Project md
agree as to the amount thereof, OWNER may make a Claim replace it with Work that is not defective, and (ih) satisfac-
therefor u prmided in paragraph 10.OS. If, however, such 1Dri1y correct or repair or remove and replace any damage to
Work is not found to be det:ective, CONTRACTOR shall ~ other Work. to the woIk of others or other land or areas
allowed an inCrease in the Contract Price or an extension of resulting tbcrcfrom. If CONTRAC'fOR does not promptly
the Contract 'lODeS (or Milestones), or both, directly attribat- comply with the terms of such instruCtioDS. or in an
able to such tJDCOVering, exposure. observation. inspection, emergency where delay would cause serious risk of loss or
testing, replacement, and reconstruction. If the parties are damage, OWNER may have the defective Work corrected or
unable to agree u to the amount or extent thereof, repaired or may have the rejected Work removed and
CONTRACTOR. may mala: a Claim therefor as provided in replaced, and all Claims, com, losses, and damages
paragraph 10.OS. fmc1uding but not limited to an fees and charges of
engineers, atchitccts, attorileyJ, and other profcSsicmals and
all court or arbitration or other dispute resolution costs)
arising out of or ie1ating to such correction or repair or such
removal and replacement (including but not limited to all
costs of repair or replacement of work of others) will be paid
by CONTRACTOR.
)
E. If any Work (or the work of others) that is to be
inspected, tested. PI approved is covered by CONTRACTOR
without written com:urrence of ENGINEER, it must, if
requested by ENGINEER, be uncovered for observation.
P. Uncovering Work as provided in paragraph I3.03.B
shall be at CONTRACTOR'. expense unless CON-
TRACTOR has given ENG~ timely notice of
" ." CONTRACTOR-. intention to Cover tho same and ENGI-
NEER bas not acted with reasonable piomptness in response
. :-10 such notice. . " ." \
13.04
Uncovering Work
13.OS
OWNER May Stop the Wort
)
A. If the Work is defective, or CONTRACTOR fails to
supply sufficient skilled workers or suitable materials Dr
equipment, or fails to perform the Work in such a way that
the completed Work will conform to the Contract
Documents, OWNER may Drder CONTRACTOR to stop the
Work, or any portion thereof, until the cause for such order
has been eliminated; however, this right of OWNER to stop
the Work shall not give rise to any duty on the part of
OWNER to exercise . this right for the benefit of
CONTRACTOR, any Subcontractor, any Supplier. any other
individual or entity, or any surety for, or employee or agent
Df any of them.
13.06 . Co"t!ction or Removal of Defective Work
B. In spc:cW circumstances where a particular item of
equipment is placed in Continuous service before Substantial
Completion of all the Work, the correction period for that
00700 . 35
connection with such corrective and remedial action, I
OWNER may exclude CONTRACTOR from: all or part of! i
the Site, take possession of all or part of the Work and. I
suspend CONTRACTOR's services related thereto,' take '
possession of CONTRACTOR's tools, ~ppliances, con-)
strocuon equipment and machinery at the Site, and incorpo-, ,
rate in the Work all materials and equipment stored at the
Site or for which OWNER has paid CONTRACTOR but!
which are stored elsewhere. CONTRACTOR shall allowf
OWNER, OWNER's representatives, agents and employees,'
OWNER's other contractors, and ENGIliEER andl
ENGINEER's Consultants access to the SitcJ: to enable
OWNER to exercise the rights and reIIl;Cdies under this '
paragraph. '
. / I
C. All Claims, costs, losses, and damages ("mcluding1, :
13.08 Acceptance of Defective Work but not limited to all fees and. charges of engineers,
. y " " '. , . . architects~ attorneys, and other professionals and all' court Dr \
A. If, instead of requiring correction or removal and arbitration or other dispute resolution costs) inCurred or i
replacement of defective Work, OWNER (and. prior to sustained by OWNER. in exercising the rights and remedies ",
ENGINEER's recommendation of final payment. under this paragraph 13.09 will be charged against CON-\
ENGINEER.) prefen to accept it, OWNER may do so. TRACTOR., and a o,lI"ge Order will be issued incorporating \
CONTRACTOR shall pay all Claims, costs, losses, and the necessary revisions in the Contract Documents with .)
damages (including but not limited to all fees and charges of respect to the Work; and OWNER shall be entitled t() an
engineers, architects, attorneys, and other professionals and appropriate decrease in the Contract Price. If the parties are 'I i
all court or arbitration or other dispute resolution costs) unable to agree as to the amount of the adjustment. OWNER ,,)
attributable to OWNER's evaluation of and determination to may make a Claim therefor as provided 'in paragraph 10.05.
, . ac,..l?CPl inJcb,.defective Work (such costs to ~ .~prov~',~:~. .S~ c~aims, cosmo losses and. damages ~Ul:inc~~e.bu:.~~tl :
. ENGINEER as to reasonableness) and the diminished value.. be 'limited.to all costs of repm. or replaccmem of work of i
.-;:,,pf:. th~::JVo.r~' to the. extent not otherwise pa.lci':}Qy,:"'~,,:,otb:c~, destroyed or damaged by correctionj',remov.a1.. :or~' ,
CONTRACTOR pursuant to this sentence. If any such replacement of CONTRACTOR's defective Work. ,
acceptance occurs prior to ENGINEER's recommP-nft::,rion 'Of ! I i
final payi;nent. a Change Order will be issued incorporating D. CONTRACTOR shall not be allowed' an extension!, i
the necessary revisions in the Contract Documenm with of the Contract Tunes (or Milestones) because of any delay
respect to the WorJc; and OWNER ~ be 'entitled to an in the performmce of the Work attributable to the exercise by!
appropriate decrease in thC Contract Price, reflecting the OWNER of OWNER's rights and remedies under this; oi
diminigl1ed value of Work so accepted. If the parties arc paragraph 13.09.
unable to agree as to the amount thereOf, OWNER may make
a Claim therefor as provided ii1 para~h 10.05. If the
acCeptance occurs after sucl1 recom1:"P-n"arion. an appropriate
amount will be paid by CONTRACTOR to OWNER.
item may start to run from an earlier date if so provided in
the Specifications or by Written Amendment.
C. Where defective Work (and damage to other Work
resulting therefrom) has been corrected or removed and
replaced under this paragraph 13.07, !he correction period
hereunder with. respect to such Work will be extended for an
additional period of one year after such correction or removal
and replacement has been satisfactorily completed.
.. .
',;,~:. D. CONTRACTOR's obligations under this paragrcg>h ~
.13.07 are in addition to any other obligation or warranty. .
The provisions of this paragraph 13.07 shall not be construed
as a substitute for or a waiver of the provisions of any
applicable statute of limitation or repose.
13.09 OWNER May Correct Defective Work
A. If CONTRACTOR fails within a reasonable time
after written noti~ ,from ENGINEER to correct defective
Work or 10 reuiovc"and i'ep1ace rejected Work'as required by
ENGINEER in accoi'dance with paragraph 13.06.A, or if
CONTRACTOR fails to perform the Work in accordance
with. the Contract Documents, or if CONTRACTOR. fans to
comply with any other provision of the ~ontract Documents,
OWNER may, after seven days written llDtice to
CON:TRACTOR, correct and remedy any such deficiency.
. B. In exercising the rights and remedies under this
paragraph, OWNER' shall proceed expeditiously. In
! .
I
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND":
COMPLETION
14.01 Schedule of Values
A. The schedule of values established as provided in'
para.grlph 2.07.A will serve as the basis for progress .
payments and will be incorporated into a fonn of Application I
for Payment acceptable to ENGINEER. Progress payments!
on account of Unit Price Work will be based on the number -
of units completed.
00700 - 36
14.02 Progress Payments ,
)
-"
A. Applications for Payments
1. At least 20 days before the date established for
each progress payment (but not more often than once a
month). CONTRACTOR shall submit to ENGINEER
for review an Applicalion for Payment' filled out and
signcdd by CONTRACTOR. Covering the Work
comple~ as of the date of the Application and-
accO'MPanicd by such supporting. documentation as is
required by the Contract DocumentS. If payment is
requested on the basis of materiJli and equipment not
incorporated 'in the Worle but. delivered and suitably
stored at the Site or at another location agreed to in
writing. ' the. Application for Payment shall also be
accompametJ: by a bill of sale. invoice. or other docu- .
mentation warranting that OWNER has received the
materials and equipment free and clear of all Liens and
evidence that the materials and equipment are covered
by appropriate property insor.mce or other arrangements
to protect OWNER.. interest therein. all of which must
be satisfactory to OWNER..
a. the Work has progressed to the point
indicated;
.:. ,.
b. the quality of the Work, is generally in
accordance with the Contract Documents (subject to
. an evaluation of the Work as a functioning whole
prior to or upon Substantial Completion. to the
results of any subsequent tests called for in the
Contract Documents, to a. final determination of
quantities and classificatiOD$:ior Unit Price Work
under paragraph 9.08; and to any 'other
qualifications stated in the recommend2tion); and
c. the . conditions precedent. to
CONTRACTOR.. being entitle~ to such payment
" . -appear to have been fulfilled in so far as it is
, " .17"ENG!NEER's responsibility to obs~e the Work. . . '.
3.. By recommending any stich payment ENGI-
NEER will not thereby be deemed to have represented
that: (i) inspections made to check the quality or the
quantity, of thC Work as it has been performed have been
.exhaustive, extended to every aspect of the: Work in
progress. or involved detailed inspections of the W~rk
2. ~egiJming with the second Application for beyond the responsibilities specifically asligncd to
Payment, each Application shaD include an affidavit of ENGINEER in the Contract Documents; pr (h) that
CONI'RACTOR stating that all previous progress . ~';o'.' .' ..there"may not be other matters or issuC$.betweeIi.the' "
payib~ilfj" ~ivcd on ~ of the Work have been ..' -parties that might entitle CONTRACTOR to be 'paid'
iqJpliCi:l;':'6Ji;~'~unt to discharge CONTRACTOR. I ' L" ~:':fr.:;:additi6Diilly by OWNER. or entitlc OWNER to'wit1ihola,:."r~'r
legitimate obligations asSociated with prior Applications payment to CONTRACTOR.
for PaYment.
").~)
""-
3. The amount of retainage with respect to pro-
gress payments wID be as stipulatCd in the Agreement.
B. Review of AppUcatloIU
1. ENGINEER will. within 10 days after receipt of
each API.JlicatiOl1 for Payment, either indicate in writing
a recommencllltion of payment and present the
Application to OWNER or retnm the: Application to
CONTRACTOR indicating- in writing ~GINEER.s
reasons for refusing to recommend payment. In the
latter case. CONTRAGT9R may make the necessag
corrections and resubmit the Application.
J
2. ENGINEER's recnmm~mon of any payment
requested in an Application for Payment will constitute
a representation by ENGINEER to OWNER.; based on
ENGINEER.s observations on the Site ofthe'c:xecuted
Work as an experienced and qualified design profession-
al and on ENGINEER's review of the Application for
Payment and the accompanying data and schedules. that
to. the best of ENGINEER's knowledge, information and
belief:
00700 - 37
4. Neither ENGINEER's review of
CONTRACTOR's Work for ~ purposes of recom-
mending payments nor ENGINEER's recommendation
of any payment. including final payment. wiJ'" impose
responsibility on ENGINEER. to supervise, dircct, or
control the WOIk or for the means. methods. tccImiques.
sequencca, or procedures of construction. or the safety
precautions and programs incident thereto, or for CON-
TRACTOR's failure to comply with' Laws and Regu-
lations applicable to CONTRACTOR's performance of
the Work. AdditiooaDy. said review or recommendation
will not impose responsibility on ENGINEER to make
any examination to uccrtain how or fur what purposes
CONTRACTOR has used the moneys paid on account of .
the Contract Price. or to determine that title to any of
the Work. materials. or equipment has passed to
~WNER free Bod clear of any liens.
S. ENGINEER may refuse to recommend the
whole or my part of any payment if. hi ENGINEER's
opinion. it would be incorrect to make the representa-
tions to OWNER referred to in paragraph 14.02.B.2.
ENGINEER may.also refuse to recommend any such
payment or. because of subsequently discovered
evidence or the results of subsequent inspections or tc~.
revise or revoke any such payment recommendation
previously made, to such extent as may be necessary in
ENGINEER's opinion to protect OWNER from loss
because:
a. the Work is defective, or completed Work
has been damaged, requiring correction or replace-
ment;
b. the cOntract Price has been reduced by
Written Amendment or Change Orders;
~..,
c. . OWNER has' been required to correct
defective Work or complete Work in accordance
with paragraph 13.09; or '.
d. ENGINEER baa actual knowledge of the
occurrence of any of lhe events enumerated in para-
graph 15.02.A. · .
c. Payment Becomes Due
I. Ten days after presentation of the Application
for Payment to OWNER with ENGINEER's rccom-
nlP-ndllt1on, the amount recommended will (subject to the
provisions of paragraph 14.02.0) become due, and when
due will be paid by O:wNER to CONTRActOR.
D~ ;Reduction in 'payment
. 1. owNER: may 1'efusc to make payment of the
full amount recommlmded by ENGINEER because:
. a. claims have been made against OWNER on
8ccount of CONTRAcroR's.performance or fur-
nishing of the Work; ;"
.
b. . Liens have been filed in connection with the
Work, excePt where CONTRACTOR has delivered
a specific Bond satisfactory to OWNER. to secure
the satisfaction and disc1iarge of such Liens;
c. there are otbet items entitling OWNER to
a set-off against the amo1Dlt recommended; or
"d. OWNER bas actual knowledge of the occur-
'i'CDCe of any of the events enumerated in paragraphs .:
. '14..02.B.5.a through 14.02.B.S.c or paragraph
15.02.A.
2. If OWNER. refuses to make payment of the full
amount recommended by ENGINEER. OWNER must
give CONTRACTOR immediate written notice (with a
copy to ENGINEER) stating the reasons for such action
and promptly pay CONTRACTOR any amount
. remaining after de~tion of the 'amount so withheld.
OWNER shall promptly pay CONTRACTOR the
amount so withheld, or any adjustment the~eto agreed to r ;
by OWNER and CONTRACTOR, when CONTRAC-I :
TOR corrects to OWNER's satisfaction the reasons for." :
such action.
. \ i
3. If it is subsequently detennined that OWNER's I :
refusal of payment was not justified, the amount ".
wron~ withheld shall be treated as an amount due as I :
deternuned by. paragraph 14.02.C.1.. !'
14.03
C;ONTRAcrOR's Warranty o/ntle
:. .0 .
A. CONTRACTOR warrants and guarantees that title
to all Work, materials, and equipment covered by any I I
Application for Payment, whether incorporated in the Project \ \
or DOt, will pass to OWNER no later than. the time of" i
paym.em free ~~. ~~ear of all Liens. .
14.04
.\ !
.(
Substantial Completion
A. When CONTRACTOR considers the entire Work \ .::
ready for its intended use CONTRACTOR shaD notify !
OWNER and ENGINEER in writing that the entire Work is . I
substantially complete (except for items specifically listed by I'
CONTRACTOR as incomplete) and request that ENGINEER !
issue a certificate, of Substantial Completion. Promptly . "
thereafter, OWNER., CONTRACTOR, and ENGIijEER
.shall make an-ijUpection of the Wor,k to determine the status '''j' .
'of completion. if ENGINEER does not conSider the Work i
substantially:;' -:"cbmplete, ENGINEER' will . notify',.:"
CONTRACTOR in writiD.g giving the reasons therefor. If:
ENGINEER considers the Work substantially complete. I
ENGINEER will prepare and deliver to OWNER a tentative
certificate of Substantial Completion which shall fIX the date
of Substantial ComPletion. There shall be attached to the \
certificate a tentative list of items to be coJD.pl~ted or ' !
corrected before mUu payment. OWNER shall have seven
days after receipt of the tentative certificate dUl.iI1g which to ! .
make written objection to ENGINEER as to any provisions :,
of the certificate or attached list. If. after considering such
. objections, ENGINEER concludes that the Work 'is not
substantially complete, ENGINEER. will within 14 days after
submission of the tentative certificate to OWNER notify
CONTRACTOR in wri1ing. stating the reasons therefor. If.
after consideration of OWNER's objections, ENGINEER ,
:coilsiden the Work substantially complete. ENGn~EEll'w'iU. .
within said 14 days execute and deliver to OWNER and
CONTRACTOR a definitive certificate of Substantial i.
Completion (with a revised tentative list of items to be
completed or corrected) refl~ting such changes from the
tentative certi6catc as ENGINEER be1ieves justified after
CQDSideration of any objections from OWNER. A1 the ti~.
of delivery of the tent.ativ~ certificate of Substantial Comple:'
tion ENGINEER will deliver to OWNER and CONTRAC-
TOR a written recommendation as to division of responsibili-
" I
00700 - 38
.,
..'
)
)
ties pending final. payment between OWNER and
CONTRACTOR with respect to security. operation, safety.
and protection of the Work, maintenance, heat. utilities.
insuranCe, and warranties and guarantees. Unless OWNER
and CONTRACTOR agree otherwise in writing and so
infoIm ENGlNEER in writing prior to ENGINEER's is~g
the definitive certificate of Substantial Completion,
ENGINEER'. aforesaid recommendation win be binding on
OWNER and CONTRACTOR until final payment.
,t.\ I. a
B. OWNER shall have the right to exclude
CONTRACTOR from the Site after the date of Substantial
Completion, but OwtffiR, shall allow CONTRACTOR
reasonable access to complete or correct items on the
tentative list.
.'
14.05 Pcutial Utilization '
A. Use by OWNER at OWNER's option of any
substantially completed part of the Work wbich has
specifica11y been identified in the Contract Documents, or
which' OWNER., ENGINBim. and CONTRACTOR agree
constitutes a separately functioning and U$ab1c: part of the
Work that can be used by OWNER. for its intended purpose
withOut .significant intcrferc:ncc with CONTRACTOR'.
perfo~ of the remainder of the Work, may be
accomplished ptipr t9. ~~~J3Dtial'CoJIWletiOn of all the Work
subject to the ~l1owing con9itiom.
l.. -. .""::"~..1:~"'.:'.~..'''''."
1. OWNER at any time may request CON-
TRACTOR in writiIig to permit OWNER to Use any
such part of the Work which. OWNER believes to be
ready for its intended use and substantially complete. If
CONTRACTOR agrees that such part of the Work is
substantially complete, CONTRACTOR will ~rtify to
OWNER. and ENGINEER that such part of the Work is
substantially complete and request ENGINEER. to iss1=
a certificate of Substantial Completion for that part of
tho Work. CONTRACTOR at anytime may notify
OWNER. and ENGINEER. in writing that
CONTRACTOR considers any such part of the Work
ready for its intended use and substantially complete and
request ENGINEER to issue a certificate of Substantial
Completion for that part of the Work. Within a
reascmable time after either such request, O~
CONTRACTOR, and BNGlNEElt shall make an
inspection of that part of the Wort to determine its status
of completion. If ENGINEER does not consider that
part of the Work to be substantially complete,
ENGINEER will notify OWNER and CONTRACTOR
in writing giving the reasons therefor. If ENGINEER
considers that part of the Work to be substantially
complete. the provisions of paragraph 14.04 will apply
with respect to certification of Substantial Completion of
that part of the Work and the division of respousibUity
in respect thereof and access thereto.
2. No occupancy or separate operation of p~ of
the Work may occur prior to compliance with the
requirements of paragraph S.10 regarding property
msurance.
14.06, FmalInSpeClion
., A.' Upon written notice from CONTRACTOR. that .the
. ~ntjre Work or an agreed portion ther'cof' ii compiele,
~9INEER will . promptly make a final inspection witIi
OWNER and ":CONTRACTOR and will notify CON-
TRACTOR. in writing of all particu1ara in which this
inspection reveals that the Work is incomplete or defective.
CONTRACTOR sbaJl mrmM'II~ly take such n:icasures as are
neces~ to' complete such Work or remedy such
deficiencies. .
. ..
14.07 Finizl Payment
A. AppliCDtionfur Payment
,
1. .AftcrCONTRACTOR has. in the opinion of
ENGINEER, satisfactorily completed all corrections
identified during the final inspection and has iiclivcred,
in accordance with the Contract Documents, all main-
tenance and operating instructions, schedules, guaran-
tees, Bondi;r:Cetti.ficites or other evi.ticnce of insurance, ..,
.certificates ~f ~clion, mlrted-up record documents
(as providecl"in paragral)}r6.12), and other documents,' !
C~NTRACTO~ may make application for final .
payment following the procedure for progress payments. .
2. . The f:inal Application for PayIn=t shall be
accompanied (except as previously delivered) by: (i) all
documentation called for in the Contract Documents,
including but not limited to the evidence of insurance
required by subparagraph 5.04.B.7; (Ii) consent of the
~, if any. to final payment; and (Ui) complete and
legally effective releases or waivers (satisfactory to
OWNER) of an Lien rights arising out of or Liens filed
in COnnectiOll with the Work.
3~ In lieu of the: releases or waivers of Liens
specified in paragraph 14.07.A.2 and as approved by
OWNER, CONTRACTOR may furDisb. rcceipta or
releases in full and an affidavit of CONTRACTOR that:
(i) the releases and rece:ipts include all labor, services,
. material, and equipment for which a Lien could be filed;
and (n) all payrolls, material and equipment bills, and
other indebtedness connected with the Work for which
OWNER or OWNER's property might in any way be
responsible have been paid or otherwise satisfied. If any
Subcontractor or Supplier faUs to furnish such a release
or receipt in full, ~ONTRACTOR may furnish a Bond
or other collateral satisfactory to OWNER to indemnify
OWNER against any Lien.
00700 - 39
B. Review of Application and Acceptance
r
I
1. If, on the basis of ENGINEER's observation of
the Work during construction and final inspection. and
ENGINEER's review of the final Application for
Payment and accompanying documentation a.s required
by the Contract Documents, ENGINEER is satisfied that
the Work has been completed and CONTRACTOR's
other obliptions under the Contract Documents have
been fulfilled. ENGINEER will, within ten days after
receipt of the final Appli~~~on for Payment. indicate in
writing ENGINEER's r~mmendation of payment and
present the Application fur Payment to OWNER for pay-,
ment. At the same time ENGINEER will also give
written notice to OWNER aDd CONTRACTOR that the
Work is acceptable subject to the provisions of
paragraph 14.09. Otherwise, ENGINEER. will return.
the Application for PaYP1ent' to. CONTRACTOR.,
indicating in writing the reasons for refusing to
recommend final payment, in which case CON-
TRACTOR shall make the necessary corrections and
resubmit the Application for Payment.
C. Payment Becomes Due
I
I .
1. Thirty days after the presentation to OWNER of
the Application for Payment and accompanying docu-
mentation, the amount reco~ded by ENGINEER
'will become due/and, w~'ifdtib~ ~ii1 be paid by OWN.
. '.
ER to CONTRACTOR.{,;~.,,:...~...o\.. .. ',.
.. I . :.....-.. -:~ r.........~ .,.....
1
14.08 Fmal Completion Delayed
A. . If, through no fault 'Of CONTRACTOR, final
completion of the Work is signific~tly delayed, and if
ENGINEER so confirms, OWNER Shan, upon 'receipt of
CONTRACTOR's final Application for Payment and
recommendation of ENGINEER., and without terminating the
A.greeme.nt, make payment of the balance due for that portion
of the Work fully completed and accepted. If the remaining
b"l:m~ to be held by OWNER for Work not fully completed
or corrected is less than the retainage stipulated. in the
Agreement,' and if Bonds have been furnished as required in
paragraph 5.01, the written consent of the surety to the
payment of the balance due for that portion of the Work fully
completed and accepted shaUbe submittet\ ',by CON-
TRACI'OR to ENGINEER. with the Application for such
payment. .Such paymcn1 shall be made under the terms and
conditions gOVerning final payment, except that it shall not
constitute a waiver of Claims.
.
I ,
I' .
t..
I
.
J
14.Q9 Waiver t1f Clai.ms
. A. The making and acceptance of final payment will
constitute:
.J
1. a waiver of all Claims by OWNER against
CONTRACTOR., except Claims arising from unsettl(
Liens, from defective Work appearing after finL
inspection pursuant to paragraph 14.06, from fallure to
comply with the Contract Documents or the terms of ~
special guarantees specified therein. or froll i
CONTRACTOR's continuing obligations under the
Contract Documents; and I
I
I
I
2. a waiv~J' .of all Claims. by CONTRACTOk.
against OWNER."other than those previously made in
writing which ar.e -still unsettled.. \
. \
ARTICLE IS - SUSPENSION OF WORK AND \
TERMINA nON . i:
. . ''!.~ jJ"}
\ ;
15.01 OWNER. May Suspetrd Work
. A. At any time and without cause, OWNER m~
suspend the Work or any portion thereoffor a period of nc
more than 90 consecutive days by notice in writing to CON~
TRACTOR and ENGINEER which will fix the date on which
Work will be resumed.. "CONTRACTOR shall resume tbl
Work on.the date so fixed" 'CONTRACTOR shall be allowd.
an adjustmeDt in the' ContraCt Price or an extension of the
Contract Times, or .1?0th, ~llY attributable to any Sue"
, suspension tr CON~(jroR~ make!; a Claiin therefor J.
provided ~ paragnw.l1..~.O,Q~,'7. :'...." \
15.02 OWNER May'1'eTminatefor Cause
A. The occurrence of any one or more of the following
events will justify termination for cause:
i
1. CON'fR.A.CTOR's persistent failure to perforrii
the Work in accordance with the Contract Documents
(mcluding, but not limited to, failure to supply sufficieri
skilled. workers or suitable materials or equipment d.,.
failure'to adhere to the progress schedule established
under paragraph 2.07 as adjusted from ~e to timi
pursuant to paragraph 6.04);
2. CONTRACTOR's disregard of Laws 0-
Rc~ations of any public body ~Y,ing jurisdiction.;
3. CONTRACTOR's disregaid of the authority of
ENGINEER; or .
4. CONTRACTOR's violation in any substantial
way of any provisions of the Contract Documents.
B. If one or more of the events identified in paragraph
15.m.A occur, OWNER may; after giving CONTRACTOr
(and the surety, if any) seven days written notice, terminatl
00700 - 40
the services of CONTRACTOR, exclude CONTRACTOR
~ from the Site, and take possession of the Work and of all
, CONTRACTOR's tools, appliances, construction equipment.
and mltt'11inery at the Site, and use the same to the. full extent
they could be used by CONTRACTOR (without liability to
CONTRACTOR for trespass or conversion), incorponte in
the Work all m~,mal~ and equipment stored at the Site or for
which OWNER,ha$. paid CONTRACTOR but which are
stored elsewhere, anii finish the Work ;is OWNER may deem
expedient. In' such.~ case, CONTRACTOR shall not' be
entitled to receive anY further ~ until the Work is
finished. If the unpaid balance of the Contract Price exceeds
all claims, costs, losses, and damages (mc1uding but not
limited to all fees and charges of engiDeeIl, architects,
attomeyl, and other PIt?fessicma1s and all court or arbitration
or other dispute resolution. costs) sustained.by OWNER
msmg oat of or relating \0 completing the Work. 'such exCess
will be paid to CONTRACTOR. If such claims, costs,
losses, and damages exceed such unpaid balance,
CONTRACTOR shall pay the difference to OWNER. Such
claims, costs, losses, and damages incurred by OWNER will
be reviewed by ENGINEER as to their reasonableness and-,
when so approved by ENGINEER, incorporated in a Change
Order. When exercising any rights or remedies under this
paragraph OWNER. shall not be required to obtain the lowest
price for the Work performed.
. .. . ., "l.L;..~ '..;; .~.'.
)' C. Where CO~CTO~'s, ~:~ces. have been so
_. terminated by OWNER, the terminatlOn.~Wi1l'l1ot- affect any
rights or remedies of OWNER against CQNTRACTOR then
existing or which may thereafter accIUe~ Any retention or
payment of moneys due CONTRACTOR by OWNER will
not release CONTRACTOR from 1iab~ty.
15.03 OWNER May Terminate For Cbnvt!1lience
A. Upon seven days written notice to CONTRACTOR
and ENGJNEE.R. OWNER UJZY, without cause and without
prejudice to any other right or remedy of OWNER. elect to
tenniDate the Contract. In such case, CONTRACTOR shall
be paid (witbout duplication of my items):
engineers, architects, attorneys, aDd other professionals
and all court or arbitration or other dispute resolution
costs) incurred in settlement of terminated contracts
wi~ Subcontractors, Suppliers, and others; and
4. for reasonable expenses directly attn"butable to
termination.
B. cOii'mACTOR shali' not be paid on account of loss
of anticipated; profits or revenue~ or other economic loss
arising out' of or resulting f'roin such t:ermiDation.
, "
15.04 CONTRAqoR May Stop Work or Terminate
A. If, ~gh no act or fault of CONTRACTOR, the
Work is suspended for more than 90 consecutive day. by
OWNER or under an order of court or.other public authority,
or ENGlNBER faits to act on any AppHcation for Payment
witbin 30 days after it Is submitted, or OWNER. fails for 30
days to pay CONTRACTOR any sum. finally determined to
be D, then CONTRACl'OR may, upon seven. days written
notice to OWNER. an4 ~GINBER., and provided OWNER
or ENGINEER do DOt remedy such suspension or faUure
within that time, terminate the: Contract and recover from
OWNER . payment on the iame terms as prOvided in
paragraph 15.03. In lieu of terminating tho Contract and
without prejudice to in)' ~ Jig\1t gr remedy t if ENGl-
NEP bas failed tD act on ,an ~#n for Payment within
30 days after it is sobDiitieci;.'brO'W'NliR has failed for 30
days to pay CONTRACTOR my sum fiDally determined to
be due, CONTRAcroR may, seven days after written notice
to OWNER. and ENGlNBBR, stop the Work until payment
is made of an IUCb amoonts due CONTRACTOR, including
interest thereon. ThD provisions of this paragraph 15.04 are
not intended to preclude CONTRACTOR from ,"~1nng a
Claim 1IJJder paragraph 10.OS for an adjustment in CoDtract
Price or Contract Tunes or otherwise for expenses or damage
directly al1ribl1tablo to CONTRACTOR's stopping the Work
as permitted by this paragraph. .
ARTICLB 16 - DISPUTE RESOLunON
1. for completed and acceptable Work executed in
accordance with the Contract DocumentS prior to the
effective date of termination, including fair and 16.01 Methods and Procedures
reasonable sums for overhead and profit on such Work;
'J
2. for expenses sustained prior to the effective date:
of termination in performing services BDd furnishing
labor, materials, or equipment as required by the
Contract Documents in connection with uncompleted
Work, plus fair and reasonable sums for overhead and
profit on such expenses;
3. for all claims, COSU, losses, and damages
("mc1uding but not limited to all fees and charges of
A. Dispute resolution methods and procedures, if any,
sball be as set forth in the Supplementary Conditions. If no
method and procedure has been set forth, and subject to the
provisions of paragraphs 9.09 md 10.05, OWNER and
CONTRACTOR may exercise such right! or remedies as
either may otherwise have under the Contract Documents or
by Laws or Regulations in respect of any dispute.
00700 - 41
ARTICLB 17 -MISCELLANEOUS
17.01 Giving Notice
A. Whenever any provision of the Contract Documents
requires the giving of written notice, 'it will be deemed to
have been validly given 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 registered or certified mail.. postage pr~aid, to the last
business address known to the giver of.the.notice.
17.02 Computation of Times
A. When any period of time is referred to in the
ContraCt Documents by days, it will be computed 19 exclude
the first and include the last day of such perio.d. If the last.
day of any such period falls on a Satmday or Sunday or on
a day made a legal holiday by the law of the applicable
jurisdiction. such day will be oznltted from the computation.
17.03 . , Cumulative Remedies
;,
A. ~ d:uties.iq1d obliptions Unposed by these General
Cotlditions and tH:e'iikhts and remedies avana~le hereunder
to the parties hereto arD in addition to, and are DOt to be
consQ:ued in any way as a limitation of. any, rights and
. ..~., .
remedies available to any or aU of them wliicb. arc otherwise
,;; ,.b:pposed or avai\able by Lal!8..m:,~~~,::-by spcdal
warranty or guarantee, or by other provisions of tho Contract
Documents, and the provisions of this paragraph wDl be as
effective Q if repeated specifically in the Contract
. Documents' in counection with each particular duty.
obligation. right. and remedy to which they apply.
17.04 Survival 0/ Obligations
A. All represent:ltlons, indp-mn1ficatiODJ, warranties.
anti guarantees made in, required by. or givCll in accordance
with the Contract Documents, as wen as all continuing
obligations indicated in the Contract Docwncnts, will survive
final payment, completion. and acceptance of the Wort or
termination or completion of the Agreement.
17 .OS Controlling Law
A. This Contract is to be governed by the law of tho
statD in which the Project is located.
00700 - 42
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SPECIAL CONDITIONS OF THE CONTRACT
These special conditions amend the general conditions of this project by addition or deletion of certain
provisions. The paragraph numbers for special conditions correspond with the affected paragraph numbers
of the general conditions. All other paragraphs of the general conditions remain unaltered. Work-related
specifications of a general nature can be found in these specifications.
SECTION 1.01 - DEFINED TERMS
Add the following new paragraph to Section 1.01:
Accompanying these specifications and forming an integral part thereof are the following drawings the 2004
La Porte Sidewalk Replacement Project
5.
Title
Cover Sheet
Project Locations
Standard Details
Proposed Sidewalk for the HeadStart from South 1st Street and West H Street to
Broadway
Proposed Sidewalk on East Side South 2nd Street and East Main Street to Old City
Hall
Sheet No.
1.
2.
3.
4.
The contractor is responsible for following where applicable the latest local and county standard
specifications and details with latest amendments, addenda and revised drawings.
SECTION 5.01 - PERFORMANCE AND PAYMENT BONDS
Add the following sentence to the third paragraph:
Also include in the proposal all premium costs for the Bonds.
SECTION 6.09 - LAWS AND REGULATIONS
Add the following paragraph:
CONTRACTOR shall comply with all Federal, State and local laws governing prevailing wage rates.
Prevailing wages in Harris County area are shown at the end of the Supplementary Conditions of the
Agreement.
SECTION 6.18 - CONTINUING THE WORK
Add the following paragraphs:
The order of completion shall up to the CONTRACTOR but shall be in a manner that is reasonable and
prudent and lends itself to timely and orderly completion of the project.
SECTION 6.11 - USE OF SITE AND OTHER AREAS
Contractor access shall be from and along the various streets of the City of La Porte. Under no
circumstances shall the contractor block or otherwise obstruct private driveway access to one or more private
residents. The Contractor shall be responsible for any damage or harmful effects to City roadways and
thoroughfares caused or as a result of sidewalk improvement operations.
SC-1
Add the following paragraph after the above sentence:
Owner is exempt from Texas sales and use taxes pursuant to Texas Tax Code ~151.309 as a political
subdivision of the State of Texas. Owner will not provide Contractor with a completed Texas Sales and Use
Tax Exemption Certification as evidence of the applicability of such exemption. Contractor and all
subcontractors to Contractor shall not be issued a Texas Sales and Use Tax Exemption Certification
SECTION 14.02 - PROGRESS PAYMENTS
Add the following sentence to the first paragraph:
The OWNER will pay for installed items at the contract unit price only as determined by the bid form.
Add the following paragraph:
Furthermore, should the progress of the work fall substantially behind the CONTRACTOR's approved
construction schedule, the value of the work not completed on schedule as determined from the
CONTRACTOR's approved schedule of values may be deducted from the moneys due on partial
payments until such time as the CONTRACTOR regains its construction schedule or provides
evidence that the delays are beyond his control.
SECTION 14.07 - FINAL PAYMENT
Add the following paragraph:
Final Payment shall not be made to the CONTRACTOR until the Owner has accepted the project in writing.
SC-2
SUPPLEMENTARY CONDITIONS OF THE AGREEMENT
SC-1 PRECEDENCE: These supplementary conditions of the Agreement are a supplement and
where in conflict, they take precedence over the "Standard General Conditions of the
Construction Contract" of this Specification.
SC-2 OWNER/ENGINEER: The word "OWNER" in these Specifications shall be understood as
referring to the City of La Porte, Texas. The word "ENGINEER" in these Specifications shall be
understood as referring to the City Engineer for the City of La Porte, Texas.
SC-3 SCOPE OF WORK: The work to be performed under this contract consists of furnishing all
materials, labor, supervision, tools, and equipment necessary to complete the work.
SC-4 TIME OF COMPLETION: The CONTRACTOR shall complete the work as provided in the
Contract Documents and within the time limitations described in the bid proposal, Sequence of
Work, unless otherwise stipulated to proceed. Calendar days shall be computed beginning and
inclusive of the first day of the Notice to Proceed. CONTRACTORS shall notify OWNER in writing
48 hours prior to start of construction. The time of completion shall include delivery time of all
equipment and materials required to complete the work in conformance with the Drawings and
Specifications.
SC-s LIQUIDATED DAMAGES FOR DELAY: 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 (after due allowance for such extension of time as provided herein) the
CONTRACTOR shall pay the OWNER as liquidated damages the sum of five hundred dollars
($500.00), it being understood between the parties hereto that such sum shall be treated not as a
penalty, but as liquidated damages for loss of revenue to the OWNER.
SC-6 GUARANTEE: The CONTRACTOR shall fumish 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, guaranteeing all of the work
under the Contract to be free from faulty materials in every particular, and free from faulty
workmanship, and against injury from proper and usual wear; and agreeing to replace or to re-
execute without cost to the OWNER such work as may be found to be imperfect or improper, and
to make good all damage caused to other required replacement or re-execution. The guarantee
shall be made to cover a period of one year from the date of Certificate of Substantial Completion
under this Contract. This guarantee must be furnished to the OWNER for approval, prior to
acceptance and final payment. Neither the final certificate nor payment nor any provision in the
Contract Documents shall relieve the CONTRACTOR of the responsibility for neglect or faulty
materials or workmanship during the period covered by the guarantee.
SC-7 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 by the OWNER.
SC-8 SANITARY FACILITIES: The CONTRACTOR shall maintain sanitary facilities at a location
satisfactory to the OWNER, for use by the employees of the CONTRACTORS. They shall be well
ventilated, but provide proper concealment, and shall be kept scrupulously clean at all times by
the CONTRACTOR. The facilities shall be removed and the site restored to its original condition
upon the completion of the work. All such facilities shall conform to the requirements of the state
and local health authorities, ordinance and law.
SC-3
SC-9 INCONVENIENCES TO THE PUBLIC: It is the declared and acknowledged intent of these
specifications that all work such as backfilling of excavations, removing forms, repairs to roads
and drives, and clean-up or other such operations shall follow as closely as practical to the laying
or installing operations, in such a manner that the public is not unnecessarily inconvenienced nor
a hazard to public safety created. Any specific limitation in the technical specifications referring to
the control of the "follow-up" operations, such as the minimum distance of unfilled trench allowed
behind the excavating operations, shall be strictly enforced. The OWNER or OWNER'S
representative will notify the CONTRACTOR if his forces and/or equipment are insufficient to
such a degree that the public is unnecessarily inconvenienced and/or a hazard to the public
safety is created. The CONTRACTOR, upon notification by the OWNER or OWNER'S
representative shall make necessary changes to his forces and/or equipment.
SC-10 PERMITS: Permits and licenses of a temporary nature necessary for the prosecution of
the work shall be secured and paid for by the CONTRACTOR. Easement, right-of-way and
instruments of a permanent nature shall be secured and paid for by the OWNER. CONTRACTOR
shall obtain all required permits from the City of La Porte and any other affected agency.
SC-11 CLEAN-UP: The CONTRACTOR shall at all times keep the site and structures or facilities
thereon free from accumulations of waste material, debris or rubbish caused by his employees or
work; at the completion of the work he shall remove from the site all his tools, surplus materials,
debris, and shall leave the site and his work "broom clean" or the equivalent, unless otherwise
noted on the drawings or specified by the OWNER. If directed, the CONTRACTOR shall
promptly clean up the site to the satisfaction of the OWNER at no additional cost to the OWNER.
SC-12 OPERATIONS AND BUSINESS OF THE OWNER: It is of great importance that the
OWNER'S operations meet with a minimum of interference resulting from the work requiring by
these Contract Documents. The CONTRACTOR shall, therefore, conduct his work in such a
manner as to permit these continued operations and so as not to interfere with the business of
the OWNER. The CONTRACTOR shall use the route of entry designated by the ENGINEER at
the pre-construction meeting and restrict all his vehicle and personnel to this route and to the site.
The blocking or hindering of traffic will not be permitted.
SC-13 SEPARATE CONTRACTS: The OWNER reserves the right to let other contracts in
connection with this work. The CONTRACTOR shall afford other contractors reasonable
opportunity for the introduction and storage of their materials and the execution of their work and
where required, shall properly connect and coordinate his work with theirs.
SC-14 RIGHTS OF VARIOUS INTERESTS: Wherever work being done by the OWNER'S forces
or by other contractors contiguous to work covered by this contractor, the respective rights or the
various interests involved shall be established by the OWNER or his resident inspector, to secure
the completion of the various portions of the work in general harmony. CONTRACTOR shall issue
work schedules in conflicting areas as requested by the OWNER or his resident inspector.
SC-15 STORAGE OF MATERIALS AND EQUIPMENT: Any material which has deteriorated,
become damaged or otherwise unfit for use, shall not be used in the work. Any material or
equipment must be stored at a location directed by the ENGINEER at the pre-construction
meeting. Upon completion of all work, or when directed by the OWNER, the CONTRACTOR shall
remove such storage facilities or equipment form the site.
SC-16 PUBLIC UTILITY OBSTRUCTIONS: Pipe lines and other existing underground structures
in the vicinity of the work are shown on the drawings according to the best information available
to the OWNER. The OWNER does not guarantee the accuracy of this information. The
CONTRACTOR shall make every effort to locate all underground utilities by prospecting in
advance of trench excavation. The cost of repair of existing utilities damaged by the
CONTRACTOR shall be borne by the CONTRACTOR, and shall be scheduled so as to cause the
least possible inconvenience to the public.
SC-4
Any delay or extra cost to the CONTRACTOR caused by pipe lines or other underground
structures or obstructions not shown on the plans or found in different locations than those
indicated, shall not constitute a claim for extra work, additional payments, or damages.
SC-17 SUBLETTING THE WORK: The CONTRACTOR shall perform with his own organization
and with the assistance of workmen under his immediate supervision, work not less than fifty
percent (50%) of the value of all work embraced in the Contract exclusive of items not commonly
found in contracts for similar work or which requires highly specialized knowledge, craftsmanship
and/or equipment not ordinarily available in the organizations of the contractor's performing work
of the character embraced in the Contract. No portion of the work covered by these
specifications and materials, shall be sublet without written permission from the OWNER. If the
CONTRACTOR sublets any part of the work to be done under this Contract, he will not under any
circumstances be relieved of his responsibility and obligations. All transactions of the OWNER will
be with the CONTRACTOR. Subcontractors will be considered only in the capacity of employees
and/or workers and shall be subject to the same requirements as to character, competency,
wages and hours. The OWNER will not recognize any subcontractor on the work. The
CONTRACTOR shall at all times, when the work is in operation, be represented either in person
or by a qualified superintendent or other designated representative. A complete list of
subcontractors must be submitted within ten (10) days after start-up.
SC-18 PROTECTION OF EXISTING FACILITIES: The CONTRACTOR shall use construction
equipment, labor, or techniques to insure that existing facilities such as but not limited to, existing
utilities are not damaged. A careful pre-construction inspection of existing facilities will be made
with the OWNER and the CONTRACTOR.
SC-19 PROTECTION OF TREES AND SHRUBS: Any trees, shrubs, plants, or ornamental
growth within the right-of-way, not directly interfering with the construction of the road bed,
sidewalks, driveways or sewer shall be protected from damage by the CONTRACTOR. Any tree,
shrub, plant or ornamental growth that interferes with the construction of the roadway, sewers,
sidewalks or driveways shall be relocated to a location satisfactory to the adjoining property
owner outside of the street right-of-way. Large trees not conducive to moving shall be removed
and disposed. .
SC-20 PROJECT SCHEDULING: CONTRACTOR shall coordinate all work with OWNER.
SC-21 WATER FOR CONSTRUCTION AND TESTING: CONTRACTOR may obtain water for
construction and testing from the City of La Porte. A construction meter will be provided at no
cost to the CONTRACTOR for the duration of construction. The CONTRACTOR shall be
required to pay for the water he uses.
SC-22 OPERATION OF EXISTING FACILITIES: The City of La Porte shall operate all existing
facilities (i.e., lift stations, valves, fire hydrants) during construction.
SC-23 OWNER'S PROPERTY INSURANCE: Owner shall not be required to provide any
additional property insurance coverage under this contract.
SC-24 REQUIRED CONTRACTOR INSURANCE: 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 OWNER and the ENGINEER 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 Liabilitv:
Commercial General Liability
SC-5
General Aggregate
Personal Injury
Each Occurrence
:!i1,UUU,UOO.OO
$1,000,000.00
$1,000,000.00
Automobile Liability:
Combined Single Limit
$1,000,000.00
Excess Liabilitv:
Umbrella
Each Occurrence
Each Aggregate
$1,000,000.00
$1,000,000.00
Worker's Compensation:
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 work on the project has been completed and accepted by the OWNER.
Persons providing services on the project - includes all persons or entities performing all
or part of the services the contractor has undertaken to perform on the project, 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 the 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 of Texas Labor Code, Section 401.011(44) for all 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.
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 OWNER showing that coverage has been extended.
E. The CONTRACTOR shall obtain from each person providing services on the project,
and provide the OWNER:
(1) a certificate of coverage, prior to that person beginning work on the project,
so the OWNER will have on file certificates of coverage showing coverage for all persons
providing services on the project; and
(2) no later than seven (7) 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.
SC-6
F. The CONTRACTOR shall retain all required certificates of coverage for the duration of
the Project and for one (1) year thereafter.
G. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal
delivery, within ten (10) days after the contractor knew or should have known, of any change that
materially affects the provisions of coverage of any persons 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 Workers' 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.
I. The CONTRACTOR shall contractually require each person with whom it contracts to
provide services on the Project, to:
(1) provide coverage, based on proper reporting of classification codes and
payroll amount 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;
(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 ends during the duration of the Project;
(4) obtain from each other person with whom it contracts, and provide the
CONTRACTOR:
(a) a certificate of coverage, prior to the other person beginning work on
the project; and
(b) a new certificate of coverage showing extension of coverage, prior to
the end of the coverage period, if the coverage period shown on the current certificate 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 (1) year thereafter;
(6) notify the OWNER in writing by certified mail or personal delivery, within ten
(10) days after the person knew or should have known, of any change that materially affects the
provisions 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 service.
J. By signing this contract, the CONTRACTOR is representing to the OWNER that all
employees of the CONTRACTOR who will provide services on the Project will be covered by
workers' compensation coverage for the duration of the Project, that the coverage 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 Regulations. Providing false or misleading information
SC-7
may subject the CONTRACTOR to administrative penalties, criminal penalties, or other civil
action.
K. The CONTRACTOR'S failure to comply with any of these provisions is a breach of
contract by the CONTRACTOR which entitles the OWNER to declare the Contract void if the
CONTRACTOR does not remedy the breach within ten (10) days after receipt of notice of breach
from the City.
The CONTRACTOR shall be responsible for insurance to cover equipment, tools, materials,
supplies, etc. used in the performance of work, owned or rented, the capital value of which is not
included in the cost of this Contract.
Insurance policies are to be written by companies authorized to do business under the laws of the
State of Texas and on forms approved by the Insurance Commission of the State of Texas. The
CONTRACTOR shall provide the OWNER a copy of all insurance policies.
All of the insurance required to be carried by the CONTRACTOR shall be by policies which shall
require on their face, or by endorsement, ten (10) days written notice to the OWNER before they
may be cancelled and within which ten day period the CONTRACTOR covenants that it will
provide other suitable policies in lieu of those about to be cancelled so as to maintain in effect the
coverage required under the provisions hereof. Failure or refusal of the CONTRACTOR to obtain
and keep in force the above required insurance coverage shall authorize the OWNER, at its
option, to terminate this contract at once.
The CONTRACTOR shall indemnify and save harmless the OWNER, its officers, employees, and
agents from all claims and liability due to the activities of itself, its agents, or employees
performed under this contract and which result from an error, omission, or negligent act of the
CONTRACTOR or of any person employed by the CONTRACTOR. The CONTRACTOR shall
indemnify and save harmless the OWNER from any and all expenses, including attorney fees,
which might be incurred by the OWNER in litigation or otherwise resisting said claims or liabilities
which might be imposed on the OWNER as a result of such activities by the CONTRACTOR, his
agents, or employees.
SC-25 QUALIFICATIONS FOR SURETIES ISSUING BONDS: As required by City of La Porte
Ordinance No. 1773, approved July 22, 1991, corporate sureties issuing payment and
performance bonds payable to the City of La Porte on public works projects shall meet all of the
following criteria:
a. The surety company must be authorized to do business in the State of Texas, which
authorization must be recorded in the files of the Texas State Board of Insurance;
b. The surety company must be an approved surety company listed in the current United
States Department of Treasury list of approved corporate sureties for payment and
performance bonds for federal jobs, including specifically the rules to underwriting
limitation;
c. The surety company must be authorized to issue payment and performance bonds in the
amount required for the Contract, which authorization must be recorded in the files of the
Texas State Board of Insurance;
d. The person executing the Payment and Performance Bonds must be a licensed Texas
local recording agent and such licensing must be recorded in the files of the Texas State
Board of Insurance; and
e. The person executing the Payment and Performance Bonds must be authorized by the
surety company to execute performance and payment bonds on behalf of the company in
SC-8
the amount required for the Contract and such authorization must be recorded in the files
of the State Board of Insurance.
f. Failure to meet the criteria for acceptability of surety company issuing Payment and
Performance Bonds will result in the disqualification of the bid.
g. The Payment and Performance Bonds shall remain in effect at least one year beyond
final acceptance of work under the Contract by the Owner.
SC-26 RETAINAGE: If the total Contract price is greater than $400,000.00, five percent (5%) of
the total contract price will be retained until final payment as described below. If the total Contract
price is less than $400,000.00, ten percent (10%) of the total contract price will be retained until
final payment as described below. On or before the tenth (10th) day of the month, the
CONTRACTOR shall prepare and submit to the ENGINEER for approval or modification 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; said statement shall also
include the value of all sound materials delivered on the site of the work that are to be fabricated
into the work.
For total Contract prices (Base Bid) greater than $400,000.00, the OWNER shall then pay the
CONTRACTOR on or before the fifteenth (15th) day ofthe following month of the following month
the amount of the approved statement, less five percent (5%) of the amount thereof, which shall
be retained until final payment, and further less all previous payments and all further sums that be
retained by the OWNER under the terms of the Agreement.
For total Contract prices (Base Bid) less than $400,000.00, the OWNER shall then pay the
CONTRACTOR on or before the fifteenth (15th) day of the following month of the following month
the amount of the approved statement, less ten percent (10%) of the amount thereof, which shall
be retained until final payment, and further less all previous payments and all further sums that be
retained by the OWNER under the terms of the Agreement.
It is understood, however, that in case the whole work be near to completion and some
unexpected and unusual delay occurs due to no fault of the CONTRACTOR, the OWNER may,
upon written recommendation of the ENGINEER, pay a reasonable and equitable portion 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 payment of the balance due him under the Contract subject to those conditions under the
General Conditions, Article 14, Payments to CONTRACTOR and completion.
SC-27 PREVAILING WAGES: The CONTRACTOR and his subcontractors shall expressly
comply with Article 5159A, Revised Civil Statutes of Texas, 1925, commonly known as, "The
Prevailing Wage Act" including the latest provisions. Not less than the minimum prevailing wage
for the Harris County area as attached at the end of the special conditions shall be paid for labor
which is employed by the CONTRACTOR and his subcontractors for execution of this contract.
The CONTRACTOR and his subcontractors shall keep accurate records of the names, wage
classifications, and hourly wages paid to each worker employed on this project. These records
shall be open to inspection by the OWNER.
SC-28 CONTRACT INTERPRETATION AND WORK ACCEPTABILITY: The Engineer will be
the final interpreter of the requirements of the contract documents and sole judge of the
acceptability of work thereunder.
SC-29 DISPUTE RESOLUTION. METHODS AND PROCEDURES: 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
SC-9
and furnishing of the Work in respect of 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 45 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 submittal, 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.
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 the American Mediation Association currently in effect. Request for mediation
shall be filed in writing with the other party to the Contract and with the American Mediation
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.
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.
Limitation on Consolidation or Joinder. No mediation 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 mediation 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 mediation. No person or entity other than the OWNER, CONTRACTOR shall be
included as an original third party or additional third party to an mediation whose interest or
responsibility is insubstantial. Consent to mediation involving an additional person or entity shall
not constitute consent to mediation 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.
SC-IO
Claims and Timely Assertion of Claims. The party filing a notice of demand for mediation
must assert in the demand all Claims then known to that party on which mediation is permitted to
be demanded.
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.
SC-II
PREVAILING WAGE RATE DE:'T'EAMINATION
BUILDING CONSTRUCTION TRADES
COUNTY NAME: HARRIS
D_ta PrInted: April 15, 1897
CLASSIFICATION -Rate Health Pension ' Vaoatlon . Total Wage
ASSESTOS WORKER $9.00 5Q.00 $0.00 $0.00 $9.00
CARPENTER . $18..23 $2.1& $1.17 $0.00 $19.56
CARPET'LAYERlFLOOAJNG INSTALLER $8.00 $0.00 $0.00 $0.00 $8.00
CONCRETE FINISHER S1 0.00 $O'.os $0.25 .~0.4 $1Q.34
DATA COMMUNICATlONtTEL.ECOM INSTALLER $11.99 $C.1! $0.00 $0.06 $12.23
DRYWALlINSTAU..ERICEllING INSTALLER $11.00 . .$(J.De $0.00 -$Q.DC $11.00
aECTRICIAN $13.27 $0.79 $0.27 SO.41 $14..75
ELEVATOR MEaiANIC $18.02 $3.85 $2019 S1.50 $2S.56
ARE PROOFING INSTALLER $11.00 $0.00 $0.00 $0.00 $11.00
GlAZJER $12.53 SO.79 $0.00 $0.72 $14.D4
HEAVY EQUIPMENT OPERATOR . $13.48 $0.14 \ . $0.16 $0.021 $13..79
INSUlATOR . $15.78 $3.06 ", $1.84 $1.OC WAS
IRON WORKER . '13.37 $0.00 $0.00 $Q.DC $13.31
'LABOREPJHELPER . $8.12 $0.321 $0.07 $O.D6 88.58
1.ATHEHlPLAsTERER $15.10 $2.12 $1.00 $0.00 $18.22
.LIGHT EQUIPMENT OPeRATOR- $1,1.46 $O.3C SO.~ $0.02 $12.13
MASON $14.55 $0.48 $0.24 $0.00 $15.27
. METAL BUILDING ASSEMBLER $10.00 $0.00 $0.00 ' SO.OO 51 0.00
MILLWRIGHT $15.91 . $1.63 $1.00 - $0.00 $18.54
PAINTERlWALL COVERING INSTAU.ER $11.63 $0.87- $0.43 $0.16 113.1 Cl
PIPEflTTER S1 8:.38 13.251 52.06 $0.00 $23.69
PLUMBER . &19.33 $2.40 11.45 ~ 10.$4 $23.72
ROOFER $1 0.00 $O.otl 10.00 $0:00 $10.00
SHEET METAL WORKER $14.56 . $1.19 $0.62 fO.14 - -~6.52I
SPRlNKL.ER FITTER "8.25 $3.4C $2.24 - so.oc S23.8S
TERRAZZO WORKER fa.OO _ $O.DC $O.OC $0.00 so..o<l ,
TlL.E SE:iTER S10.oo $O.OC ~.OO $0.00 "10.00
WA~PROOFER/CAUU<ER '11.521 ~~OC $0.00 $O.cc $110521
.
50.00 In the rats field kldIcatss'tnsufficient data was re.c:afvec1 to det8rmlne it pmaBlng wage rate for
this classification. Government Cede .111810, Section 2258.023, paragraph C states: -A contraetor
or subcontractor does not violate this section I. pubic body awarding I. contract does not determine
the prevaling wag. rates and speCify the rates In 1M contract as provided In Section 2258.022. ~
Praperty af Generel SaMe.. Commlabn
Based em 1191 SUrwy Raub
-.-... \a&.:..&'~ ~.-a.' ...""......
If.I auz
General Services Commission
1711 Salllacinto - P.O. Box 1~041
Awotin. Teus 78711-3047, '\
Web Site: www.gse.state.tLUS
CSI2>463-3035
.pertinent Information to All PubUc EntitIes UsIng Prevailing Wage Rate Detemiinations
- Produoed by the 'General ServIces CommissIon
1. The o;mtracUng entfly awardfng any cOntract for non-federally funded, public wodc.s"consbuctlon proJeCts
(regardless of size Dr doltar value) shall il1dude in bid specification documa~ts and contract documents a
prevai&ng wage rate determina60n of per dIem wages for the lowty in which the work is to be perfonned .
· for each craft or type of workman or mechanIc needed to exeCuta the contraot., The PrevalTlOg Wage Rat~
Determination is defined as (1) the PrevalRng Wage Rate Detannlnatlon Infonna~on sheet (document
, numbor WR 1001), (~ the Pre'lailing Wage Rate Determination for Bufldlng Construction Trades, and (3)
the Department of labor (DOL) Heavy Highway DoterminaUon. The DOL Heavy HIghway rates are to be
p~d to wo~ers e~gaged in sUa wort determined to be fIVe (5) feet beyond the builarng. extending to the
property boundary. . . , ..
r
, ~
2. It shall be the responslbIDly of the contracting entity to ensure that the General Contractor posts lhe
applicable Preva.Uing W~ge .RatS' OelenrilnaUon In a prominent. ~ accessfbre place. at "the work slte.
3. fl shall be the !,!"sponsibflily of the contracting enUty to ensure that nolless than lhe posted, sp~cified ratos
are paid to aU classlflcaUons of w~rianen, mechanics and laborers employed by the General Contra~or
andlor Subcontractors;.In the execution of their contract wIth the contracUng enUly, and to ensure that all
workers flllnlo one of the listed worker classifications for work of a sJmtlar character. For example, .
welders are to be paid the rate or pay (or the trade they are working for. .
. .
~. It shaD be the responsft,mty of the contracting entity to taka cognizance of Wage rate disputes andlor
rompl;dnts of aD violations of the provisions of Chapter,2258 Texas Government Code nlle 10.
;. It shalf be ~B responslbmly of the contracting entity to address the lssu.e Of fringe benefits in the bid .
specification documents and contract documents. The PrevalUng Wage .Rate ~etennlnatIons produced by
the ,General Services Commission include fringe benefits In the total wages. The bid specffication .
doeuments and contract documents need to specify whether l;he contracting enfity Is requiring that frin~e
benefits be paid.
It shaD be the rSSJ?aislbmty of the contracting entity to' address the Issue of the use of app~ces 8!ld
tf:ielr payment rate In the bId specification documents and contract doouments. ""e ~es spectiied'l1 the
Prevailing Wage Rate DetermInation produced by (he General Services Commlsslon ant Journeyman
rates. firstoricaRy, the apprentfce rate Is commensurate wfth the experience and skill of the workor. For
example. on GSC proJects, apprenUces.are paid at a rate of not more than SO% of the Joumeyman's wage_
Also on GSC p~lects, at no time shan a jou":,eyinan,supervise mO~B than Qn~ (11 apprentice. ..
Note: The tsnns Journoyman and apprentice ,apply to b,oth unton .and Independent workers, and are not
Intended to Imply that these positions are .unlon workers only. . . .
" .
Some PrevaJUng Wage Rate OelcnnlnaUons for SuBorns Consfructfon Trades may lncfacate $0.00 tn the
, rrotal Wage- column, rather than a dol(ar amo~nt. In such cases, The General ServiceS CommIssion did
not recetve sufficient survey data to tabulate a prevailing wage for this wOrker classification, In the
specm&d area. and can riot provide a prevailing wage ra[e for thIs classification. Where this oocurs, .
General Contractors and Subcontraclors shalf not be bound lo a prevaffing wage rate for the clas:llflcafion
in question. . . ' -
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M1O.O I.lMft III:NI
....--...
.....~.............~
General Services Commission
171 I Su l:u:into - P.O. BOle I~CW1
A=t1ft. Teus 71711-30-47
Web SIte: www.&SUta1C.U:.liS
(S12) 463-3035
\
, .
Prevailing Was.e Rate Oetermlna~on ~nformatlon
. 'The foRowlng Infonnation from Chapter 2258 Texas Government Code TItle 10 should be induded in your bid
specificaUon documents and contract documents:
2258.021. Duty of Governmental EntltytO Pay PrevaIling Wage Rates
. .
(a) ThEa stale or any pon~ subdivision of tt1e state shall pay a worker employed by It or on behalf of It
(1) not less than the general prevailing rata of per diem wages for work of a similar character In the
locality in which Ihe work Is performed; and. . .
(2) not less than the general prevaDtng rate of per diem wages for legal holiday and overtfme work.
(b) Subsectfon (a) do~ not apply to maintenance vlorl<. .
(c) A ,YOrker Is employed on a pubfic work for the purposes of this section If the worker Is employed by a
contractor or subcontractor In the execution of a contract (or the public work with the state. a pofitical
subd"rvfsfon of the state, or any officer or public body of the state or a political subdivision of the state.
2258.023. Prevailing Wage Rates to be Paid by Contractor and Subconmtctor; Penalty
.
(a) The contractor wfio is awarded a contract by II public body or a subcontrador of the contractor shaH
pa)' not less than the rates deteanined Under Section 2258.022 to a worket employed by it in the
execution of the contract. .
(b). A contractor or subcontra.ctorwho vioIa.tes this section shall pay to the state or a political subdMsfon of
the state on whose behalf the centrad is maeSe, $60 for each worker employed for ea.ch calendar day
or part of the'day that the wol1cer Is.palclless than the wage ~tes $dpulated In the contract. A public
body awarding a contract shaR specify this penaltY in the conlraCt.
Note: This penalty appUes ever- If the contractor or subcontractor and the worker come to an
agreement on the underpaid wages (~ Attomey General Opinion 0M-469).
(e) A conlractor or subcontractor does not violate this section if a pub60 body awarding a contract does not
. detennfne the prevailing wage rates and specify the rates In the contract as pravlde.d by Section'
2258~022. . .
(d) The pubIc body shall use any money collected under thfs section to offset the costs incurred in the
administration of this chapter. .. . '. '
(e) A munJcipaHty Is enffUed to coDed a pena.lty under this section only if Ihe municipality has a population
or mora than 1Q,OOO.
2258.051. Duty of Pub[fo I?ocly to Hear Complaints "and Withhold Payment
(a) A pu~ffc body awarding a contract, and an agent or officer of the pubnc bOdy, $hall: .'
(t) lake ~fzance of ~mplalnLs of aD violatIonS of this chapteF committed In tho e~QUtion of the
contract; and . '. .
(2.) withhold money forfeited or required to bo withheld undar Chfs Chapter from the payments to the
contractor under Che contract, e~pUhat ~e' public body.may not wfthhold money from oU,er
than the final payment without detecmlnation by the public body that 1here Is good caUSa to
bGlleve that the -contractor has violated this chapter.
WFl1ClOt 1oIudI1.'
4 _ooof_-""I_
.... __ ~",c....,.,
IAsbestos Worlcer WorKer who removes and dispcse3 of asbestcs ma.t~rials. \
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t;arpents.. Worker who ~uiJds wood stnJdures. or structureS of any material Whi~ has ~J
. \ I
repfaer.d wood. Include=. rough and. rtnish carpentry, hardware and rtim.
Carpel LayadFJooring '~ner Wort.er who fns~/ls carp&t andfor tlOor coverings. vinyf tiI~ J
1
Concrete Finisher Woli:ar who floats, trowels, and finfshC$ COr1Cre(8. I
O~a~~~e~~ml~M WorfcGr who installs dataJtelephone ana television t:abfe and assoclated \
equipment Bnd accessories.' ' , . ,
Drywall In::taIIer/Ceiling Installer Worker who InstaJts metal ~ramed walls and ceinngs, ~" coverings, caDan; -;-'
grids and ceil"ll1gs.' ~
EJectrldan . . . SkJlled craftsman who Install$ or repairs alec:lrical wfring and de\'iees. (~des
. rU'e alarm $}'Stems, and HV AC eJectrfcaI controls. I
\
Elevator Mechanic Ctaltsman skllIed In the Instanalion and maintenance of elevators..
Flee Proof"ng lnstAUBr Worlcer who sprayS or appDe$ fll'e proofrng materials.
Glazier Worker who Installs glass, .glazing and glass flaming. \
Hl5AVY equIpment Operator IncWd~ but not. limited to aU Cat tractors. all derrlek-poWered. ell power operated I
cran~, back hoe. back fDfer, power oper.a.led $hoV8~ wlncll buck, aJl trenchlng
. macl1Jnes.
Il$ufaior Worlcer who applies, sprays. or installs insulation.
Iron Worker SIdIIed ~hsman who erects stnJdUraI sta~1 framing and installs structural
. concmte Rebar.
.
laborerJHelper . Wocbr q~.aed for only unskilled or seml-skilled work. Ufting, canylng materials
. and loofG, hauling, digging, clean-up.
LalharlPlaslerei Worker who JnstaJIs melal framing and lath. Worker who applies plaster to lathing
. and imt."lII$ associate<! accessories.
jught equIpment Operator. Inc:fucfes but not limited to air compressors, truck crane c:1river, ftex plane, buncrmg
ele'lator, fonn grader, concrete mlxar (Jess' than 14 cf), conveyor.
Mason Craftsman who wocfcs with masonry prodUds, stone. brick, block, or aily material
substituting for those materials and ~rfes. . . .
1Meta! 8uitd"ang Assembler Wocbrwho assembfes pre-macfe metal buDdlngs.
MlwriQht Mec:hanfc speclaIlzfng In the installation or heavy machinery, conve~, .
.' . wrenc:hes, dock levefers, hydraufJc lifts and align pumps.
PaJntedWaR Covoring Installer Worker who prepares waR surfa~ and applies paJnterdlorwd coverings, ~
and bedd"ng.
P"~frtter TnW1ed'Wodcer who lnstaJIs piping systems. chilled water pfpfng and hot water
{boBe" pfplng, pneumatic tubing controls, chillers, .bolJen1. and 8SSOCfated
~1caJ equipmonL .
lPfumber SldIIed c:raft.sman who InstaJts domesrfc hot and cold water plpIng, waste piping,
storm system piping, waler closet;, sinks, urinals and 'related wort.
Roofer . Worker who installs rooflng materials, BItumen (asphalt and cold tal?, felts,
flashings, aft types roofing membranq and assocfated products.
Sheet Metal Worker Worker who InstaJIs sheet metal products. ~oor metal, flashings, JU1d' curbs,'
ductwork, mech&nk:al equipment. and USocAlted metals.
IsPrfnJder FlUlJr Worker who Installs fA sprlnktar systems and Bra prot~on equfpmen,l.
eitaz.to Waticet Craftsman who places and fmlshes Terrazzo.
Tile Settor Worker wflQ prepares wall and/or Roor surlaces and applies ceramic lI1ls to lhC$G
- surfaces. ' .'. .
WaterprooferlCaulkar Wor1cer who appRc:ss water proofing material to buJId"lng5. Products Includ, .
sealant, c.1ulk, sheet mombrane, Dquid membrat\e$. sprayed. I'tllfed, or brushed
on.
.
Worker Classiffcation Definition Sheet
_-.'\ \
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SUMMARY OF WORK
1.0 DESCRIPTION
a. The Work The major work consists of providing the necessary labor, materials, equipment,
supervision, knowledge, and management to construct approximately 1946 linear feet of four foot
wide/four inch thick concrete sidewalk and thirty wheelchair ramps.
b. The PrQject Site The project is located in the City of La Porte, Texas in southeast Harris County,
Texas. The City of La Porte may be reached by taking S.H. 225 east to S.H. 146. The project site is
located on Harris County Key Map No. 539-P, a, and R.
c. The Owner
City of La Porte
604 West Fairmont Parkway
La Porte, TX 77571
Telephone: 281-471-5020
d. The Engineer
City of La Porte
604 West Fairmont Parkway
La Porte, TX 77571
Attention: Robert Alden Cummings
Telephone: 281-471-5020
2.0 WORK SEQUENCE
Within 10 days from the date of the Notice to Proceed, the Contractor shall submit a construction
schedule to the Engineer for approval. The schedule shall be in the form of a Gantt Chart (bar chart) and
shall indicate the order in which the work is to be performed. The sequence and interdependence of all
major activities must be shown.
The schedule shall be drawn to a calendar time scale. The commencement and completion dates for
each activity shall be shown, as well as the duration in calendar days, for each activity. The schedule shall
show not only the activities for actual physical construction of the project, but also the activities such as
the Contractor's submittal of shop drawings and the Engineer's review and approval of the shop drawings.
Failure to include any element of work required to complete the project within the scheduled contract time
shall not release the Contractor from his obligation to complete the work in accordance with the contract
documents.
The Contractor shall update the construction schedule monthly to reflect the progress of the work. The
updated schedules shall be submitted to the Engineer for approval. Monthly partial payments will be
dependent upon submission of an updated construction schedule satisfactory to the Engineer.
If the actual progress of the work falls behind the Contractor's approved construction schedule, the Owner
may elect to deduct the value of work scheduled but not completed from progress payments due. The
value of the work will be determined from the Contractor's approved schedule of values. These deductions
will continue until the Contractor has taken steps to bring the progress of the project back in line with the
approved construction schedule.
01010-1
3.0 PROGRESS REPORTING
Monthly progress meetings shall be held on dates mutually agreed to by the Engineer and the Contractor.
These meetings may be held at the project site or the Engineer's office as determined by the Engineer.
Items to be discussed at this meeting include progress of the work, upcoming work items, status of
submittals, monthly pay estimates, etc.
3.1 USE OF PREMISES
Construction equipment and temporary storage of materials shall not be left overnight in the public right-
of-way so as to obstruct or hinder vehicular traffic.
--000--
01010-2
SUBMITTALS
1.0 PRIOR TO BEGINNING WORK
Submit the following items with the signed agreement form as a prerequisite to starting the work. Prepare
the number of copies which the Contractor requires for distribution plus three (3) copies to be distributed by
the Engineer. For structural shop drawings and calculations, provide one (1) extra copy for distribution by the
Engineer. The location of information conceming each submittal is referenced. Failure to make any required
submittal in acceptable form within the time frame specified may be grounds for withholding payment.
a. Performance Bond Bidding Documents, Contract Forms, Supplementary Conditions.
b. I abor and Material Payment Bond Bidding Documents, Contract Forms, Supplementary Conditions.
c. Certificate of Insurance General and Supplementary Conditions.
d. List of Subcontractors General and Supplementary Conditions.
e. Material and Equipment List Supplementary Conditions and specification sections.
f. ConstnJction Schedule General Conditions and as specified in the section on Construction Schedule.
2.0 DURING CONSTRUCTION
During the progress of the work make the following submittals in a timely manner to prevent any delay in the
work.
a. Work Schedules Submit progress schedules monthly as an evidence that the project will be ready for
occupancy by the date of substantial completion. Four (4) copies are required.
b. Shop Drawings, Product Data, and Samples Submit, in accordance with the section on Shop
Drawings, Product Data and Samples included in the contract documents and specifications (General
Requirements ).
c. Application for Payment Submit applications for partial payment as specified in the General and
Supplementary Conditions and within the time specified in the agreement.
d. Change Order Pro.posal A proposal for change order may be submitted to the Engineer whenever a
need arises. The request must be in writing and must include sufficient information to assess the need for a
change in the work, the contract time, or the contract sum.
3.0 PROJECT CLOSEOUT
With a written notice of completion submit the following items in the proper form as a condition. of final
acceptance of the work:
a. Project Record Documents Submit in accordance with the section on Project Record Documents
included in Division 1, General Requirements.
b. Guarantees, Warranties and Bonds As required in the General and Supplementary Conditions and
listed in various sections of the specifications.
--000--
01300-1
SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES
1.0 GENERAL
a. Submit shop drawings, product data, and samples required by specification sections.
b. Shop drawings, product data, and samples are not considered a part of contract documents.
c. Schedule submissions at least 15 days before reviewed submittals will be needed.
2.0 CONTRACTOR RESPONSIBILITIES
a. Review shop drawings, product data and samples prior to submission. Verify:
(1) Field measurements
(2) Field construction criteria
(3) Catalog numbers and other data
(4) Conformance with submission requirements
b. Coordinate each submittal with contract documents and work schedules to prevent any delay in the
work.
c. Contractor's responsibility for errors and omissions is not relieved by the Engineer's review of
submittals.
d. At time of submission, and in writing, notify the Engineer of submittal deviations from contract
documents. Contractor's responsibility for deviations from contract documents is not relieved by
the Engineer's review of submittals unless the Engineer gives written acceptance of specific
deviations.
e. Begin no work related to submittals until return of submittals with the Engineer's stamp and initials
or signature indicating review.
f. Distribute copies after the Engineer's review.
3.0 ENGINEER'S DUTIES
a. Review submittals with reasonable promptness to prevent any delay in the work. Review for
conformance with:
(1) Design concept of project
(2) Contract documents
b. Review of a separate item does not constitute review of an assembly in which the item functions.
c. Return to Contractor those submittals which do not meet the requirements and require correction
01340-1
and resubmission.
d. Affix stamp and initials or signature certifying review of submittal.
e. Return reviewed submittals to Contractor for distribution.
4.0 PREPARATION REQUIREMENTS
4.1 SHOP DRAWINGS
a. Preparation by a qualified detailer is required.
b. For Mechanical and Electrical work use the same sheet size as contract drawings.
c. Where necessary for clarity, identify details by reference to sheet and detail numbers on contract
drawings.
d. Include on the drawing all information required for submission or submit transmittal letter containing
required information.
e. Prepare the number of copies which the Contractor requires for distribution plus three (3) copies to
be distributed by the Engineer. For electrical and structural shop drawings, provide one (1) extra
copy for distribution by the Engineer.
4.2 PRODUCT DATA
a. Modify the manufacturer's standard schematic drawings to delete or supplement information as
applicable.
b. For manufacturer's catalog sheets, brochures, diagrams, schedules, performance charts,
illustrations, and other descriptive data:
(1) Clearly mark each copy to identify pertinent materials, products, or models.
(2) Show dimensions and clearances required.
(3) Show performance characteristics and capacities.
(4) Show wiring diagram and controls.
c. Include on the data all information required for submission or submit transmittal letter containing
required information.
d. Prepare the number of copies which the Contractor requires for distribution plus three (3) copies to
be retained by the Engineer. For electrical and structural product data, provide one (1) extra copy
for distribution by the Engineer.
4.3 SAMPLES
a. Submit office samples of sufficient size and quantity to clearly illustrate:
01340-2
(1) runctlonal characteristics of project or materials with integrally related parts and attachment
devices.
(2) Full range of color samples.
b. Erect field samples and mock-ups at the project site in an acceptable location. Construct each
sample complete, including work of all trades required in finished work.
c. Include in transmittal letter all information required for submission.
d. Prepare the number of samples specified.
5.0 SUBMISSION REQUIREMENTS
a. Accompany submittals with a transmittal letter in duplicate.
b. Include the following information for each submittal:
(1) Date and revision dates
(2) Project title and number
(3) The names of the
(a) Engineer
(b) Contractor
(c) Subcontractor
(d) Supplier
(e) Manufacturer
(4) Identification of project or material
(5) Relation to adjacent structure or materials
(6) Field dimensions clearly identified as such
(7) Specification section number
(8) Applicable standards, such as ASTM number or Federal Specification
(9) A blank space on each shop drawing, approximately 5" x 5", for the Engineer's stamp.
(10) Identification of deviations from contract documents
(11) Contractor's stamp, initialed or signed, certifying review of submittal, verification of field
measurements and compliance with contract documents.
01340-3
6.0 RESUBMISSION REQUIREMENTS
6.1 SHOP DRAWINGS
a. Revise initial drawings as required and resubmit as specified for initial submittal.
b. Indicate on drawings. any changes which have been made other than those requested by the
Engineer.
6.2 PRODUCT DATA AND SAMPLES
Submit new data and samples as required for initial submission.
7.0 DISTRIBUTION AFTER REVIEW
a. Distribute copies of shop drawings and product data which carry the Engineer's stamp to:
(1 ) Contractor's file
(2) Job site file
(3) Record document file
(4) Other prime contractors
(5) Subcontractors
(6) Supplier
(7) Fabricator
b. Distribute samples as directed. After review, samples may be used in construction.
--000--
01340-4
LABORATORY SERVICES
1.0 GENERAL
1.1 PAYMENT
a. The Owner will employ and pay for services of an independent testing laboratory to perform
specified testing.
1.2 RELATED WORK
a. General Conditions of the Contract for Con~truction Inspections and testing required by laws,
ordinances, rules and regulations, or orders of public authorities are the responsibility of the
Contractor.
b. Specification Sections Contained in the various specification sections are requirements for
certification of products, testing, adjusting and balancing of equipment, and other tests and
standards.
c. Division 2, Site Work Subsurface exploration.
1.3 WORK INCLUDED
Testing is required in accordance with standard City of La Porte Specifications.
2.0 TESTING LABORATORY
2.1 QUAUFICA TIONS
a. Standards
(1) Meet "Recommended Requirements for Independent Laboratory Qualification," latest
edition, published by American Council of Independent Laboratories.
(2) Meet basic requirements of ASTM E-329, "Standards of Recommended Practice for
Inspection and Testing Agencies for Concrete and Steel as Used in Construction."
(3) Submit copy of report of inspection of facilities made by Materials Reference Laboratory of
National Bureau of Standards during most recent tour of inspection, with memorandum of
remedies of any deficiencies reported by inspection.
2.2 DUTIES
a. Cooperate with the Engineer and Contractor and provide qualified personnel promptly on notice.
b. Perform specified inspections, sampling and testing of materials and methods of construction:
(1) Comply with specified standards, ASTM, other recognized authorities, and as specified.
(2) Ascertain compliance with requirements of the contract documents.
0141O~1
c. Promptly notify the Engineer and Contractor of irregularities or deficiencies of work which are
observed during performance of services.
d. Promptly prepare and distribute reports of inspections and tests as follows:
(1) Engineer: Two (2) copies
(2) Contractor: One (1) copy
e. Include the following information for each test as well as additional data specified in the applicable
section:
(1) Date of Test
(2) Location of Test
(3) Specified Standards
(4) Test Results
(5) Remarks
2.3 LIMITS OF AUTHORITY
The laboratory is not authorized to:
a. Release, revoke, alter, or enlarge on requirements of the contract documents.
b. Approve or accept any portion of the work.
c. Perform any duties of the Contractor.
3.0 CONTRACTOR'S RESPONSIBILITIES
a. Cooperate with laboratory personnel, provide access to the work, or to manufacturer's operations.
b. Provide to laboratory, preliminary representative samples of materials to be tested, in required
quantities.
c. Furnish labor and equipment:
(1) To provide access to the work to be tested.
(2) To obtain and handle samples at the site.
(3) To facilitate inspections and tests.
(4) For laboratory's exclusive use for storage and curing of test samples.
d. Notify the laboratory at least 48 hours in advance of operations to allow for his assignment of
personnel and scheduling of tests.
e. Arrange with the laboratory and pay for additional samples and tests required for the Contractor's
convenience.
--000--
01410-2
FIELD PROJECT REPRESENTATIVE SERVICES
1.0 GENERAL
1.1 SCOPE
This section summarizes the duties, responsibilities, and limitations of authority of the Field Project
Representative (FPR) in connection with his observation of the work.
1.2 AUTHORITY
a. The definition of the Engineer's duties provides authority for observation of the work.
b. The FPR's authority to require special inspection or testing in connection with rejected work is also
provided in the General Conditions. Furthermore, the provisions that, upon request by the
Contractor, the FPR observe and accept or reject any material furnished is also granted in the
General Conditions.
c. The provision for removing work for observation by the FPR is set forth in the General Conditions in
the paragraph concerning uncovering of work.
2.0 DEFINITIONS
a. ~ A representative of the Engineer or Owner will be assigned authority to observe the work.
b. Working Day FPRs are generally not required to work on Saturdays, Sundays, or legal holidays. If
the Contractor plans work on a Saturday or legal holiday, prior arrangements should be made for a
FPR not later than two (2) days prior to the Saturday or legal holiday.
c. Unobserved Work Any work performed on a Saturday, Sunday, or legal holiday without benefit of
an observation by FPR may require removal and replacement if so directed by the FPR. Removal
and replacement will be completed at no additional cost to the Owner.
3.0 DUTIES OF THE FIELD PROJECT REPRESENTATIVE
a. Assist the Contractor's superintendent in understanding the intent of the contract documents.
b. Conduct on-site observations of the work in progress as a basis for determining conformance of
work, materials, and equipment with the contract documents.
c. Consider and evaluate suggestions or recommendations which may be submitted by the Contractor
to the Engineer and report them with recommendations for the Engineer's final decision.
d. Be alert to the construction schedule and to conditions which may cause delay in completion, and
report same to the Engineer.
e. Maintain liaison with the Contractor and all Subcontractors on the project only through the
Contractor's superintendent.
f. Attend conferences held at the project site as directed by the Engineer. Report to the Engineer the
01420-1
results of such meetings.
g. Advise the Engineer in advance of the schedules of tests and observe that tests at the project site,
which are required by the contract documents, are actually conducted. Observe, record, and report
to the Engineer all details relative to the test procedure.
h. If inspectors representing local, state, or federal agencies having jurisdiction over the project visit
the site, accompany such inspectors during their trips through the project. Record and report to the
Engineer's office the results of these inspections.
i. Receive samples. which are required, to be furnished at the site; record date received, from whom,
and notify the Engineer of their readiness for examination; record Engineer's approval or rejection;
and maintain custody of approved samples.
j. Review applications for payment submitted by the Contractor and forward them with
recommendations to the Engineer for disposition.
k. After substantial completion, check each incomplete or defective item as it is corrected.
I. If a situation arises during construction which requires that work be rejected, report such situation
immediately to the Engineer.
m. The field project representative shall not:
(1) Authorize deviations from the contract documents.
(2) Personally conduct any tests.
(3) Enter into the area of responsibility of the Contractor's superintendent.
(4) Expedite the work for the Contractor.
(5) Advise on or issue directions relative to any aspect of construction means, methods,
techniques, sequences or procedures, or for safety precautions and programs in connection
with the work.
(6) Authorize or suggest that the Owner occupy the project, in whole or in part, prior to
substantial completion.
(7) Issue a recommendation for payment
--000--
01420-2
TEMPORARY FACILITIES AND CONTROLS
1.0 GENERAL
The facilities and controls specified in this section are considered minimum for the project After obtaining
approval, the Contractor can provide additional facilities and controls which he deems necessary for proper
execution of the work and to meet his responsibilities for protection of persons and property.
2.0 BUILDINGS
a. Field Office A temporary field office is not required.
b. Storage. Provide watertight storage facilities of suitable size with floor above ground level for all
materials susceptible to weather damage. Storage of other materials on blocks off the ground is
acceptable. Place materials to permit easy access for inspection and identification.
c. Other Buildings The location or building of structures or the erection of tents or other forms of
protection are allowed as approved.
3.0 UTILITIES
a. Job Tel~phone A telephone is not required.
b. Temporary Connp-ctions Arrange and secure all temporary connections for electricity, gas, and other
services needed to do the work. Water is available from the City of La Porte; contact Public Works
about connection and metering of water obtained from the La Porte public water system. The cost of
connection and use shall be paid by the Contractor.
4.0 SANITATION
Provide and maintain sanitary conveniences to satisfy requirements of local or state health authorities,
ordinances, and laws. Obtain approval for location, secluded from public view. Provide a self-contained,
above-ground, temporary toilet facility which is sealed and leak-proof.
5.0 ACCESS ROADS AND PARKING
Access and parking at the site is not limited by provisions other than those explained under USE OF
PREMISES under SUMMARY OF WORK
6.0 REMOVAL OF TEMPORARY FACILITIES AND CONTROLS
Prior to substantial completion, remove all temporary buildings, storage facilities, sanitary conveniences, and
signs. Disconnect all temporary utility connections. Clear the area of unnecessary safety items and
temporary controls. Remove or restore, as required, all temporary roads and parking areas. Clean up the
entire area as specified in the section on Cleaning and Adjusting.
--000--
01500-1
CLEANING AND ADJUSTING
1.0 GENERAL
1.1 RESPONSIBILITY
a. The Contractor is responsible for cleaning and adjusting the work. If the Contractor fails to clean
and adjust the work, the Owner may do so and charge the resulting costs to the Contractor. If the
Contractor fails to pay the resulting costs, then the Contractor agrees that Contractor's bonds may
be seized for compensation.
b. Detailed cleaning and adjusting requirements for specific trades or work are specified in sections
pertaining to that trade or work.
1.2 REQUIREMENTS OF REGULATORY AGENCIES
a. Fire Protection Store volatile waste in covered metal containers and remove from premises daily.
b. Pollution Control Conduct cleaning and disposal operations in compliance with local ordinances and
antipollution laws.
(1) Burning or burying of rubbish and materials on the project site is permitted, provided all local,
state, and federal regulations are complied with.
(2) Disposal of volatile fluid wastes and other chemical wastes in storm or sanitary sewer
systems or into streams or waterways is not permitted.
c. Safety Standards Maintain the project in accordance with safety and insurance standards.
2.0 PRODUCTS
Use only cleaning materials recommended by the manufacturer of the surface to be cleaned. Employ
cleaning materials as recommended by the cleaning material manufacturer.
3.0 EXECUTION
3.1 DURING CONSTRUCTION
a. Oversee cleaning and insure that the premises are maintained free from accumulations of waste
material and rubbish. Do not allow waste materials, rubbish, and debris to accumulate and become
unsightly or create a hazard. Provide containers and locate on site for collection of waste material,
rubbish and debris.
b. At reasonable intervals during progress of the work, collect and dispose of waste material, rubbish,
and debris. Handle waste in a controlled manner. Do not drop or throw materials from heights.
3.2 FINAL CLEANING AND ADJUSTING
a. Use experienced workmen or professional cleaners for final cleaning.
01710-1
b. Remove grease, dust, dirt, stains, paint, oil, labels, fingerprints, and other foreign materials from
interior and exterior surfaces. Repair, patch, and touch-up marred surfaces to match adjacent
finishes.
c. Broom clean paved surfaces; rake clean other surfaces of grounds.
d. If installed features of the work fail to operate or operate improperly, make the necessary
adjustments to permit and insure proper operation. Remove and repair or replace maladjusted items
if necessary for proper adjustment.
e. Remove all waste material and rubbish from the project area, as well as all tools, construction
equipment, machinery, surplus materials, and temporary facilities.
f. Immediately prior to acceptance or occupancy, conduct a final inspection of exposed interior and
exterior surfaces to verify that the work is properly cleaned. Maintain cleaning until the premises are
occupied by the Owner.
3.3 ADJACENT AREAS
To the Owner's satisfaction, clean or repair adjacent areas affected by the construction. Remove dust
and debris in the adjacent area. Repair, patch, and touch-up marred surfaces to match adjacent finishes.
--000--
01710-2
PROJECT RECORD DOCUMENTS
1.0 GENERAL
Prepare and maintain record documents for the project to accurately reflect the construction as built.
Documents must be submitted at work completion as a condition of final acceptance.
2.0 MAINTENANCE OF RECORD DOCUMENTS
a. Maintain at the job site, one (1) copy of:
(1 ) Contract drawings
(2) Complete set of specifications
(3) Addenda
(4) Reviewed shop drawings
(5) Change orders and field orders
(6) Other contract modifications
(7) Field test records
(8) Correspondence
b. Store record documents in an approved location apart from documents used for construction. Do
not use record documents for construction purposes. Provide files and racks for orderly storage.
Maintain documents in clean, dry, legible condition. Make documents available at all times for
inspection by the Engineer.
3.0 MARKING DEVICES
Mark all changes with red pencil.
4.0 RECORDING
a. Keep record documents current. Do not permanently conceal any work until required information
has been recorded.
b. Label each document "PROJECT RECORD" in two-inch (2'.') high printed letters. Legibly mark
contract drawings to record actual construction:
(1) Depths of various elements of foundation in relation to survey data.
(2) Horizontal and vertical location of underground and underslab utilities and appurtenances
referenced to permanent surface improvements.
(3) Location of internal utility and appurtenances referenced to permanent surface
01720-1
improvements.
(4) Field changes of dimension and detail.
(5) Changes made by change order or field order.
(6) Details not on original contract drawings.
c. Legibly mark specifications and addenda to record:
(1) Manufacturer, trade name, catalog number, and supplier of each product and item of
equipment actually installed.
(2) Changes made by change order or field order.
(3) Other matters not originally specified.
d. Legibly annotate the following shop drawings to record changes made after review:
(1) Manufacturer, trade name, catalog number, and supplier of each product and item of
equipment actually installed.
(2) Changes made by change order or field order.
(3) Other matters not originally specified.
5.0 SUBMITTAL
a. At project completion, deliver record documents to the Engineer. Place all letter-sized material in a
three (3) ring binder, neatly indexed. Bind contract drawings and shop drawings in rolls of
convenient size for ease of handling.
b. Accompany the submittal with a transmittal letter in duplicate,
containing:
(1) Date
(2) Project title and number
(3) Contractor's name and address
(4) Title number of each record document
(5) Certification that each document as submitted is complete and accurate.
(6) Signature of Contractor
--000--
01720-2
TECHNICAL SPECIFICATIONS
ITEM 00104
REMOVING OLD CONCRETE
104.1 Description. "Removing Old Concrete" shall consist of breaking up and satisfactorily
disposing of concrete pavement, driveways. sidewalks. combined curb and gutter. or curb and all
concrete structures.
104.2 Construction Methods. Existing concrete to be disposed of, consisting of pavement.
driveways. sidewalks. combined curb and gutter or curb. shall be broken up into pieces by air-
driven machinery or other suitable means. The use of explosives for breaking up old concrete will
not be permitted. unless authorized by the Engineer, and when so authorized. adequate
precautions shall be given to prevent damage to adjacent property. Reinforcing steel shall be cut
as necessary for satisfactory disposal.
Where only a portion of the existing concrete is to be removed, special care shall be exercised to
avoid damage to that portion of the concrete to remain in-place. The existing concrete shall be
cut to the neat lines shown on the plans or established by the Engineer and any existing concrete
beyond the neat lines so established which is damaged or destroyed by these operations shall be
replaced at the Contractor's ~ntire expense. Where sawcutting is required. it shall be incidental to
the removal of old concrete.
Where indicated on the plans, old concrete which is removed shall be loaded, hauled and
disposed of by the Contractor at locations to be obtained by him.
Work performed under this item shall be inaugurated at such time and prosecuted in such a
manner as to cause a minimum of inconvenience to traffic or owners of adjacent property.
104.3 Measurement. Existing concrete pavements with or without curbs, driveways, sidewalks,
median strips, and riprap. removed as prescribed above, will be measured by the square yard in
its original position. regardless of its thickness or the depth of covering.
Existing combined concrete curb and gutter and concrete curb. not on concrete pavement,
removed as prescribed above will be measured by the linear foot in its original position,
regardless of the dimensions of same. Monolithic concrete and/or doweled concrete curb will be
considered as part of the concrete pavement and will not be measured separately.
Removal of concrete structures shall be by the lump sum.
104.4 Payment. The work performed as prescribed by this item. measured as provided under
"Measuremenf' will be paid for at the unit price bid for "Removing. Old Concrete" (of the type
specified), which price shall be full compensation for breaking up the concrete. cutting reinforcing
steel when required, loading. hauling and disposing of the material and for all labor. tools,
equipment, manipulations and incidentals necessary to complete the work.
00104-1
TECHNICAL SPECIFICATIONS
ITEM 00105
CONCRETE SIDEWALK REPLACEMENT
1. DESCRIPTION
1.1 This section covers the furnishing of all equipment, superintendence, labor, and
materials necessary in construction of concrete sidewalks including wheelchair ramps in
accordance with the plans and specifications.
2. MATERIALS
2.1 Concrete shall conform with requirements specified in Technical Specification
00106 "Concrete Construction for Structures".
2.2 An approved type of commercial pre-molded expansion joint (3/4" thick) or
redwood (1" thick) shall be placed.
2.3 Reinforcing steel shall be #3 bars at 18" OIC each way or #4 @ 24" O.C. E.W.
2.4 Cushion sand shall be clean and well graded and free of clay and humus material.
3. CONSTRUCTION METHODS
3.1 Stripping: All grass and humus material shall be stripped and removed from the
area of the sidewalk.
3.2 Grading: After stripping and removing of grass, humus material, and tree roots,
any soft or otherwise unsuitable material within the sidewalk area shall be removed and replaced
with approved fill materials and compacted. The grade shall then be brought up to the bottom of the
proposed level of the sidewalk with a maximum of four inches (4") of bank sand fill.
3.3 Forms: The sidewalk shall be formed and braced with forms of wood or metal,
straight, free from warp and of a nominal depth of four inches (4") prior to pouring of concrete. The
forms shall be braced so that no horizontal or vertical displacement occurs during the concrete pour
or during the period for curing.
3.4 Expansion joints shall have a maximum spacing of thirty feet (30') between joints or
as shown on the plans and according to this specifications or as directed by the Owner's
Representative. Expansion joints shall be required where all sidewalks intersect with existing
driveways, existing roadway pavement, and at all saw cuts locations unless otherwise directed by
the Engineer. In locations where the new concrete is to tie to existing concrete, the old expansion
joint material shall be removed and replaced with new expansion joints.
3.5 During the placing of the concrete, the reinforcement shall be held in a position
parallel with the surface plane of the sidewalk as shown on the plans or as called for in the
specifications by the use of plastic chairs or other methods approved by the engineer.
3.6 The concrete surface shall have a rough, non-skid type finish. The concrete
surface shall be free of any graffiti or writings. It shall be the contractor's responsibility to protect the
freshly poured concrete and finish on the surface a sufficient length of time to allow the concrete to
set up. Any concrete with graffiti and/or writing shall not be accepted and shall be removed and
replaced by the contractor at no cost to the owner.
00105-1
3.7 The construction joint shall be edged in the surface of the concrete at every six
foot (6') intervals.
3.8 The outer edge and joints shall be troweled to give a smooth surface and rounded
to a 1/4 inch radii.
4. CURING
4.1 After the concrete has obtained a final set, the concrete surface shall be sprayed
with membrane curing compound to protect it against loss of moisture for a period of not less than
72 hours from the beginning of curing operations.
4.2 Failure to provide the proper curing or other failures to comply with curing
requirements shall be cause for immediate suspension of concreting operations.
5. CYLINDER OR BEAM TESTS
5.1 During work progress, the Owner, at his discretion, shall have cylinders or beam
tests performed as specified herein. The laboratory testing and services shall be provided by the
Owner. The Owner does hereby reserve the right to collect all cylinder samples himself, if desired,
and deliver same to the testing laboratory approved to perform the tests prior to the placement of
concrete. The tests will be performed to maintain a check on the compressive or flexural strength of
the concrete that is actually placed. The test shall be defined as the average of the breaking of
three cylinders or two beams as the case may be. Test beam or cylinder specimens shall be
required for each 167.5 cubic yards, or a portion thereof, placed each day. For smaller concrete
placements, the Owner's Representative may vary the test specimens to 25 cubic yard placements,
over a several day period. Cylinders or beam specimens shall be placed, covered and stored in
curing water tanks at temperatures between 70 degrees F. and 90 degrees F., until transported to
the testing laboratory. The test specimens shall be cured in accordance with THO Bulletin C-11.
6. PROTECTION OF SIDEWALK
6.1 The contractor shall erect and maintain the barricades required by the plans and/or
the specifications, or such other standard barricades and approved devices as will exclude public
traffic and traffic of his employees and agents from the newly placed sidewalk. All barricades shall
remain in place until such time as the concrete has cured sufficiently to a point where it is safe to be
used by the public and not be damaged by that use. Barricades shall not be removed until all form
materials, surplus wood and steel or any other surplus materials have been removed from the site
to provide for the safety of the public. All areas adjacent to sidewalks where forms were removed
shall be backfilled and graded prior to removal of the barricades.
7. CLEAN-UP
7.1 The contractor shall remove all rubbish and waste materials from the site. The
clean-up operation shall be kept up behind the construction at all times.
8. MEASUREMENT
8.1 The concrete sidewalk, complete in place, to the dimensions and limits detailed on
the plans and as described in these specifications will be measured by square yard of sidewalk
placed. Curb shall be incidental to the job and will not be measured. .
9. PAYMENT
00105-2
9.1 The payment for the concrete sidewalk measured as indicated in paragraph 8 will
be made at the contract unit bid price per square yard for concrete sidewalk, complete in place.
Payment will constitute full compensation for cost of furnishing all plant equipment,
superintendence, labor, and materials and performing all operations required for a completed
installation including stripping, grading, fill materials, furnishing and placing concrete and
reinforcing, clean-up, and all incidental operations required for a complete foundation.
9.2 Wheel chair ramps shall not be measured, but shall be paid for by lump sum at the
contract bid price per each type of concrete wheel chair ramps identified on the Plans (Types A, B).
Placement of sand cushion and concrete curb shall be considered incidental and no separate pay
item will be allowed.
00105-3
TECHNICAL SPECIFICATIONS
ITEM 00106
CONCRETE CONSTRUCTION FOR STRUCTURES
1.0 GENERAL
1.1 SCOPE
This section covers the work to be performed in the construction of storm sewer inlets, manholes and
miscellaneous concrete items.
1.2 RELATED WORK
a. Division 2. Site Work.
(1 ) Storm Sewers
(2) Concrete Drainage Structures
(3) Manholes
(4) Water Distribution Mains
2.0 PRODUCTS
2.1 MATERIALS
a. Cement.
(1) TYDe. ASTM C-150, Type I unless authorized to be Type III.
(2) Reauirements. ASTM Specifications for weight variations and length of storage. Use no
caked cement. Deliver in bags for site-mixed concrete. Use only one (1) brand of cement in
anyone (1) structure.
b. Water. Clean and free from injurious amount of oils, acids, alkalis, or other deleterious
substances.
c. Coarse Aaaregate. ASTM C-33. Unless otherwise specified, use standard size form No. 4 to 1 %..
inch (1%") and modify only in accordance with the following requirements. Not larger than 1/5 of
narrowest dimension between sides of forms, nor larger than % of the minimum clear spacing
between reinforcing bars.
d. Fine Aaareaate. ASTM C-33.
e. Air-Entrainina Admixtures. ASTM C-260.
00106-1
f. Reinforcino Steel.
(1) Bars. All bars except NO.3 bars shall meet ASTM A-615-72, new billet steel, grade 60,
manufactured by the open hearth process, unless otherwise shown or specified. When
placed in work, bars shall be free from dirt, scale, rust, paint, oil or other injurious materials.
No. 3 bars shall be grade 40 steel.
(2) Bars to be Field Bent.
Bars to be bent in the field must be grade 40.
(3) Welded Wire Fabric. Welded wire fabric is not allowed on this project
(4) Fumish manufacturer's certificates giving properties of steel and specimens, free of cost, for
testing when required.
g. Curing. Liquid membrane forming compounds for curing concrete shall be Type 2 white pigmented
conforming to ASTM Designation C-309.
2.2 STORAGE OF MATERIALS
a. Cement. Store off ground in a well ventilated weatherproof building.
b. AooreQate. Prevent admixture of foreign materials and aggregate, and preserve gradation.
c. Reinforcina Steel. Store in such manner that it is protected from mechanical injury and surface
deterioration caused by exposure to conditions producing rust.
2.3 CONCRETE
Use either ready-mixed concrete (ASTM C-94) or site-mixed concrete.
2.4 MEASUREMENT OF MATERIALS
a. Measure materials by weight.
b. Water may be measured by volume.
c. Cement may be measured by bag. One (1) bag weighs 94 pounds.
2.5 CLASSIFICATION AND PROPORTIONING
a. Prooortionina. Concrete materials will be proportioned on basis of maximum water-cement ratio
and minimum strength allowable with limits set on minimum cement content Cement content shall
be increased above minimum, without additional cost to Owner, if at any time the type, gradation,
or size of aggregate being supplied requires that extra cement be added to meet strength and
workability requirements.
00106-2
b. Classification.
Minimum Maximum
Compressive Water
Strength Content Minimum Consistency
(Pounds Per Per Bag Cement Range in
Square Inch) of Cement (Bags per Slump
Class Tvoe 7 -Dav 28-Dav (Gal.) Cubic Yard (/ nch )
A Structural 2000 3000 6.25 5.0 2 to 5
B Pipe Blocking
Fill 1500 8.00 4.0 3 to 5
(1) Include a maximum water, free water in aggregate minus absorption of aggregate based on
a 30 minute absorption period.
(2) Use minimum of 6.5 bags of cement per cubic yard of concrete if concrete is to be placed
under water.
c. Consistency. Use concrete with consistency that can be worked readily into corners and around
reinforcing steel without segregation of materials or having free water collect on surface.
Proportions will be changed if satisfactory mix is not being obtained.
d. Air Content. Approximately three percent (3%) is required, unless otherwise specified. Determine
in accordance with approved ASTM standard method.
e. Chanaes in Mixes. Engineer will make changes in proportions or materials, or both, necessary to
secure desired concrete properties, subject to above limitations. Should Contractor desire to make
changes in materials, gradation, or proportions of mixture, or use special concrete additives, obtain
prior approval.
2.6 QUALITY OF CONCRETE
a. Field Tests. Test cylinders or beams will be made in numbers required to maintain check on
strength of concrete. Provide and maintain curing facilities as required in ASTM C-31. Moisture
tests of aggregate will be made at sufficient intervals for accurate batching and proportioning.
b. Aoolicable Standards. ASTM Standards for sampling and testing.
c. Tests on Hiah-Earlv Strenath Cement Normal Portland cement seven-day (7) and 28-day tests
and minimum strengths required at three (3) to seven (7) days.
d. Failure to Meet Soecifications. Should seven-day (7) or three-day (3) test strengths, as applicable
for type of cement being used, fail to meet established strength standards, Owner may require
extended curing or resumed curing on these portions of structure represented by test specimens.
Should additional curing fail to give required strength, Owner may require, at Contractor's expense,
strengthening or replacement of portions of structure which fail to develop required strength. Use
ASTM C-42 for test cores.
00106-3
3.0 EXECUTION
3.1 MIXING CONDITIONS
a. General. Mix concrete in quantities required for immediate use, and place concrete within one (1)
hour after start of mixing, except as otherwise authorized. Clock-stamp delivery ticket of all
batches with time of mixing, at ready-mix plant. When adverse weather conditions affect quality of
concrete, work shall be postponed.
b. Cold Weather. Unless prior approval is obtained, do not mix concrete when air temperature is at or
below 40 degrees F (taken in shade away from artificial heat) and falling. Concrete may be mixed
when temperature is 35 degrees F and rising. If authorized for placement during cold weather,
place concrete in accordance with PCA "Design and Control of Concrete Mixtures." Protect
concrete from temperatures below 32 degrees F until it has cured for minimum of three days (3) at
70 degrees F or five days (5) at 50 degrees F. Remove and replace unsatisfactory concrete.
3.2 MIXING AND MIXING EQUIPMENT
a. Mixer. Use approved type and size, and do not load beyond manufacturer's rated capacity.
b. Mixing Time. Minimum of 1% minutes after materials are placed in mixer. Increasing mixing time ..
15 seconds for each % yard increase in mixer capacity over one (1) cubic yard size.
c. Batch Material Control. Maintain positive batch control, accurate to within one percent (1%).
d. Operation and Maintenance of Eauipment. Clean, maintain, and operate equipment such that it is
at all times capable of thoroughly mixing materials as required.
e. Hand Mixing. Only when approved by Engineer.
3.3 FORMS
a. General. Provide mortar-tight forms sufficient in strength to prevent bulging between supports.
Set and maintain forms to lines designated. Construct forms to permit removal without damage to
concrete. Forms may be given slight draft to permit ease of removal. Provide adequate clean-cut
openings and before placing concrete, remove extraneous matter from within forms.
b. Desian Loads for Forms and Falsework. Use fluid pressure of 150 pounds per cubic foot and live
load of 50 pounds per square foot on horizontal surfaces with maximum unit stresses of 125 percent
(125%) of allowable stresses used for design of structures.
c. Material.
(1) General Form Lumber. Use seasoned lumber of good quality, free from loose or unsound
knots, knot holes, twists, shakes, decay and other imperfections which would affect its
strength or impair finished surface of concrete. Use S4S lumber for facing or sheathing.
Use nominal two-inch (2") lumber as minimum thickness for forms for bottoms of caps, or %-
inch (%") form plywood backed adequately to prevent misalignment Provide lumber of
nominal one-inch (1") thickness or form plywood of approved thickness for general use and
back by sufficient number of studs and wales.
00106-4
(2) Linin!] - Rub-Finish Surfaces. Provide form surfaces or form lining surfaces free of
irregularities for exposed concrete faces which are to be given rubbed finish. Use plywood
for form lining made with waterproof adhesive of X-inch (X") minimum thickness, preferably
oiled at mill, and then re-oiled or lacquered on job before using. Facing may be constructed
of %-inch (%") plywood made with waterproof adhesive backed by adequate studs and
wales, and in which case, form lining will not be required. Provide rubbed finishes where
indicated on drawings.
(3) SDecial Form Lumber. Make molding for chamfer strips, or other uses, of redwood, cypress,
or pine of quality that will not split when nailed and which can be maintained to true line.
Use mill-cut molding dressed on all faces. Unless otherwise provided, fillet forms at sharp
comers and edges with triangular chamfer strips, %-inch (%") measured on sides.
d. Form Ties. Use metal form ties of approved type to hold forms in place. Do not use wire ties or
snap ties. Remove form ties to depth of at least %-inch (%") from surface of concrete. Form tie
holes shall be not larger than U -inch (']Is ") diameter. Do not bum off ties. Do not use pipe
spreaders. Remove spreaders which are separate from forms as concrete is being placed.
e. Wettin!] and Oilina Forms. Treat facing of forms with approved form oil before concrete is placed.
When so directed, treat both sides of face forms with oil. Apply oil before reinforcement is placed.
In general, wet surfaces for forms which will come in contact with concrete immediately before
concrete is placed.
f. Metal Forms. Applicable provisions of foregoing specifications for "Forms" apply equally to metal
forms. Countersink bolt and rivet heads on facing sides. Use only metal forms which present
smooth surface and line up properly. Keep metal free from rust, grease or other foreign material
that will tend to disfigure or discolor concrete. Metal pan forms shall be clean and in good
condition, free from dents and rust. Gage and condition of pans shall be such that they will support
without significant distortion, concrete and construction loads.
3.4 FALSEWORK
a. General. Provide rigid false work having no excessive settlement or deformation.
d. Desion Loads. Use 150 pounds per cubic foot for concrete, and live load of 50 pounds per square
foot of horizontal surface of form work with maximum unit stresses of 125 percent (125%) of
allowable stresses used for design of structures.
c. Materials. Use sound timber in false work centering. Use hardwood timber for wedges.
3.5 PLACING REINFORCEMENT
a. Placino. The reinforcing steel shall be accurately placed and adequately secured in position in the
forms. Maintain in place by approved chairs and spacers. No bar tie "pigtail" shall extend more
than ~ -inches past the outside face of the bar. All reinforcing steel shall be inspected and
approved by the Engineer before placing of concrete.
b. Bar SDacin!] and Cover. Minimum spacing center to center of parallel bars shall be 2% times
nominal diameter of bar but in no case shall clear distance between bars be less than 1% times
00106-5
maximum size of coarse aggregate. Where not otherwise shown on drawings, minimum cover
measured from surface of concrete to face of reinforcing bar shall be three-inches (3").
c. Bendino. Field bend steel only with prior approval of the Engineer. Bend reinforcing steel at
required shapes while steel is cold. Excessive irregularities in bending will be cause for rejection.
Detail bars in accordance with ACI-315-87. Bars to be field bent, must be grade 40. Under no
circumstances may bars be bent and then re-bent.
d. Solices. Splicing of bars except where shown will not be permitted without written approval.
Approved bar bending schedules or placing drawings constitute written approval. Splice bars with
lap of at least 36 times diameter of reinforcement. Stagger splices or else locate at points of low
tensile stress.
3.6 CONSTRUCTION JOINTS
a. General. Contact surface between plastic concrete and concrete that has attained initial set is a
"construction joint." "Monolithic" means manner of concrete placing which prevents construction
joints. Joints other than those indicated, are not permitted without written authorization. Where
authorized, make additional construction joints with details equivalent to those for joints in similar
locations.
b. Construction. Make surface of concrete previous placed rough with some aggregate particles
exposed. Remove loose materials, wash and scrub clean with stiff brooms, and keep wet several
hours prior to placing of plastic concrete. Immediately prior to placing of concrete on horizontal
surfaces, slush surface with coating of mortar. Where possible, apply mortar on previously placed
vertical surfaces by brushing and work mortar into irregularities of surface. Form keyways so as to
permit easy removal of forms without damaging concrete.
3.7 PLACING CONCRETE
a. General. Give advance notice to permit inspection of forms, reinforcing steel, preparations for
placing of concrete. Place no concrete prior to approval. Regulate concrete placing so as to
permit completion of finishing operations in daylight hours. However, if necessary to continue after
daylight hours, light site as directed. If rainfall occurs after placing operations are started, provide
covering to protect work.
b. Handlina and Transoortina. Arrange and use metal or metal lined chutes, troughs and pipes in
placing concrete so that ingredients of concrete will not be separated. Use concrete having
maximum slump of three-inches (3") if deposited by chutes and/or troughs. Discharge troughs and
chutes either vertically down inside of forms or into pocket outside of forms from which it can flow
through holes left in forms. Keep chutes, troughs and pipe clean and free from coatings of
hardened concrete. Use of chutes in excess of 35-foot (35') total length, by specific authorization
only.
c. Deoositino. limit free fall of concrete to four-feet (4'). Use tremies for placing concrete in walls,
and similar placement Do not deposit large quantities of concrete at one point in forms such that it
requires running or working it along forms. Do not jar forms after concrete has taken initial set, or
place any strain on projecting reinforcement or anchor bolts. Make tremies in sections, or provide
in several lengths, so that outlet may be adjusted to proper heights during placing operations.
Place concrete in continuous horizontal layers approximately 12-inch (12") thickness. Place each
00106-6
layer while layer below is still soft, and unless otherwise specified, let not more than one (1) hour
elapse between placing of successive layers in continuous placement.
d. Consolidation. Compact each layer of concrete with concrete spading implements and mechanical
vibrators of approved type. Use vibrators of type which operates by attachment to forms only when
immersion type vibrators cannot be used. Apply vibrators to concrete immediately after depositing,
and move through layer of concrete just placed and several inches into plastic layer below. Do not
penetrate or disturb layers previously placed which have partially set, and do not use vibrators to
aid flow of concrete laterally.
3.8 CURING
a. General. Curing shall be accomplished by preventing loss of moisture, rapid temperature change
and mechanical injury for a period of seven (7) curing days when normal Portland cement has
been used and for three (3) curing days when high-early-strength Portland cement has been used.
Curing shall be started as soon as free water has disappeared from the surface of the concrete
after placing and finishing.
b. Form-Finish. Formed surfaces not requiring rub-finished surfaces shall be cured by leaving forms
in place for the full curing period.
c. Rub-Finish. Formed surfaces requiring rub-finished surfaces shall be cured by leaving forms in
place for a minimum number of curing days as follows: Vertical surfaces - two (2) full curing days.
Underside of sidewalk - four (4) full curing days. After rub-finish operations are complete, formed
surfaces shall be cured by using moist cotton mats until normal curing period is complete.
d. Unformed Surfaces. Cure by membrane curing compound method.
(1) After concrete has received final finish and surplus water sheen has disappeared, seal
surface with a single uniform coating of approved curing compound applied at rate of
coverage recommended by manufacturer and as directed by Engineer, but not less than
one (1) gallon per 180 square feet of area. Provide satisfactory means and facilities to
properly control and check rate of application of compound.
(2) Thoroughly agitate compound during use and apply by means of approved mechanical
power pressure. sprayers, equipped with satisfactory atomizing nozzles, except that for
application on small miscellaneous items, hand powered spray equipment may be used.
For all spraying equipment, prevent loss of compound between nozzle and concrete surface
during spraying operations.
(3) Do not apply compound to a dry surface. If surface of concrete has become dry, thoroughly
moisten immediately previous to application. At locations where coating shows
discontinuities, pin holes or other defects, or if rain falls on newly coated surface before film
has dried sufficiently to resist damage, apply an additional coat of compound immediately,
at same rate of coverage specified herein.
00106-7
3.9 REMOVAL OF FORMS AND FALSEWORK
Forms may be removed after 24 hours or when the concrete has sufficiently set-up, whichever is greater.
The Contractor shall insure that no deformation of the proposed structural shapes occurs because of
early removal of forms. This may be accomplished by use of temporary bracing during the curing time. A
"Curing Day" is any calendar day on which temperature is above 50 degrees F for at least 19 hours.
Colder days may be counted if air temperature adjacent to concrete is maintained above 50 degrees F.
In continued cold weather, when artificial heat is not provided, removal of forms and false work may be
permitted at end of period of calendar days equal to twice the number of curing days stated as above.
3.10 DEFECTIVE WORK
Immediately repair any defective work discovered after forms have been removed. If surface of concrete
is bulged, uneven, or shows excess honeycombing or form marks, which cannot be repaired
satisfactorily, remove and replace entire section.
3.11 FINISHING
a. General. Immediately repair any defective work discovered after forms have been removed. If
surface of concrete is bulged, uneven, or shows excess honeycombing or form marks, which
cannot be repaired satisfactorily, remove and replace entire section.
b. Patching. Patch slight honeycomb, minor defects and form tie holes in concrete surfaces with
cement mortar mixed one (1) part cement to two (2) parts fine aggregate, unless otherwise
directed. Repair by cutting out unsatisfactory material and replacing it with new concrete, securely
keyed and bonded to old concrete and finish so as to make joints as inconspicuous as possible.
Use stiff mixture and thoroughly tamp into place. After patch has stiffened sufficiently to allow for
greatest portion of shrinkage, strike off mortar flush with surface.
c. Rub-Finish.
(1) Rub-Finish all exposed surfaces offormed concrete structures except as noted below. After
pointing has set sufficiently, wet surface with brush and give first surface rubbing with No. 16
carborundum stone or equal. Rub sufficiently to bring surface to paste, to remove form
marks and projections, and to produce smooth, dense surface. Add no cement to form
surface paste. Spread or brush materials, which has been ground to paste, uniformly over
surface and allow to take reset In general, do not rub chamfered corners in first surface
rubbing. In preparation for final acceptance, clean surfaces and give final finish rubbing with
No. 30 carborundum stone or equal. After rubbing, strip surface with brush and allow mortar
on surface to take reset; then wash surface with clean water. Leave structure with clean,
neat and uniform appearing finish.
d. Float-Finish. Concrete slabs shall receive a wood float finish.
--000--
00106-8
TECHNICAL SPECIFICA liONS
ITEM 00107
UNDERMINED SIDEWALK POINT REPAIRS
1. DESCRIPTION
1.1 This item shall govern all excavation and backfilling of areas under or around
existing sidewalks that have voids created by storm sewer lines, sanitary sewer lines, manholes, or
inlets that have cracks or openings allowing materials under the sidewalk to be washed and carried
away. It shall govern the fumishing of all equipment, supervision, labor, and materials to perform the
repairs as specified.
2. MATERIALS
2.1 Materials shall consist of cement stabilized sand as specified under the
specifications Item 00113.
3. CONSTRUCTION METHODS
3.1 The existing concrete sidewalk shall be removed in accordance with the
specification Item 00104, After the sidewalk is removed, the Owner's Representative may shall
inspect the site to determine the extent and cause for the voids. Based on the inspection, the
Owner's Representative may instruct the contractor to just add cement stabilized sand in the void
and compact it in an approved manner or he shall instruct the contractor as to the size, location,
and depth of any required excavation in order to allow the placement and compaction of the cement
stabilized sand. The size, location, depth, and estimated volume of excavation shall be agreed upon
by the Contractor and the Owner prior to proceeding with the repair. The normal width of any
excavation of material down along side of any pipe or manhole shall be maintained as near as
possible to a width of 12 inches. The maximum depth for the excavation shall not exceed 6 feet in
depth as measured from the top of the existing natural ground. All excavated material shall be
removed and disposed of as per the Owner's instructions.
3.2 If in the opinion of the Owner's Representative, more extensive repairs are
warranted; the Owner shall have the option of making the additional repairs with City personnel or
negotiating with the Contractor for the additional repairs. All additional work contemplated other
than that described under section 3.1 shall only be done by Change Order.
4. MEASUREMENT
4.1 Excavation and removal of existing soil materials, placement and compaction of
cement stabilized sand shall be measured in cubic yards based on the amount of agreed
excavation as specified in section 3.1.
5. PAYMENT
5.1 Excavation and removal of existing soil materials and compaction of cement
stabilized sand shall be paid for by the cubic yard.
00107-1
TECHNICAL SPECIFICATIONS
ITEM 00108
ADJUSTMENT OF METER BOXES. VALVE BOXES.
AND MANHOLE RINGS AND COVER
1. DESCRIPTION
1.1 This section shall govern the adjustment of meter boxes, valve boxes, manhole
rings and covers, etc. to the proposed finished grade of roadway paving, sidewalks, parking lots, or
other paved surfaces as indicated on the plans or, in the opinion of the Owner's Representative,
requiring an adjustment The work covered in this section consists of furnishing all plant equipment,
labor, materials, and performance of all operations for the required adjustments.
2. CONSTRUCTION METHODS
2.1 After the existing pavement is removed, the existing water meter box, valve box, or
manhole ring and cover shall be excavated around in a sufficient manner to allow for the required
adjustment in grade. The adjustment of water meter boxes and valve boxes shall be made without
adjustment in grade on the water line or service lines. If, in the opinion of the Owner's
Representative, an adjustment in the service line or system line is required, he may direct the
contractor to do so or the work may be performed by City of La Porte personnel. The adjustment of
manhole rings and covers shall be accomplished by removal or addition of materials necessary to
bring the top to grade and may be poured as an integral part of the proposed pavement.
3. MEASUREMENT
3.1 The adjustment of the water meter boxes, valve boxes, and manhole rings and
covers shall be measured by each.
4. PAYMENT
4.1 Payment for complete adjustment of water lines, water meter boxes, valve boxes, and
manhole rings and covers will be made at the unit bid price bid for the adjustment of gate valve
boxes.
00108-1
TECHNICAL SPECIFICATIONS
ITEM 00109
CONCRETE DRIVEWAY REPLACEMENT
1. DESCRIPTION
1.1 This section covers the furnishing of all material and construction of concrete
driveways in accordance with the drawings and these specifications.
2. MATERIALS
2.1 The concrete shall be 5 sacks per cubic yard meeting Item 00106, Structural
Concrete (3000 psi).
3. CONSTRUCTION METHOD
3.1 Stripping: All grass and humus material shall be stripped and removed from the
area of the driveways.
3.2 Grading: After stripping and removing of grass and humus material, any soft or
otherwise unsuitable material within the driveway area shall be removed and replaced. with
approved fill materials and compacted to a depth of four inches (4").
3.3 Forms: The driveways shall be formed and braced with suitable material prior to
pouring of concrete.
3.4 Concrete shall not be placed when the temperature is below 40 degrees F. and
falling, but may be placed when the temperature is 35 degrees F. and rising, the temperature shall
be taken in the shade and away from artificial heat.
3.5 Concrete shall not be placed before time of sunrise, and shall not be placed later
than will permit the finishing of the pavement during sufficient natural light.
3.6 Workers will not be permitted to walk in the concrete with earth or foreign material
on their boots or shoes. Repeated failure to clean their boots or shoes when walking in the concrete
shall be deemed sufficient cause for removing or replacing such workers.
3.7 Any concrete not placed as herein prescribed within thirty (30) minutes after
mixing, shall be rejected and disposed of as directed by the Owner's Representative.
3.8 Concrete shall be distributed to such a depth that when consolidated and finished,
the slab thickness required by plans will be obtained at all points and the surface shall not, at any
point, be below the established grade. Special care shall be exercised in placing and spading
concrete against forms at all joints to prevent the forming of honeycombs or voids.
4. FINISHING
4.1 Hand Finishing: The concrete shall be struck off with an approved strike-off screed
to such an elevation that when consolidated and finished the surface of the pavement shall conform
to the required section and grade. The strike template shall be moved forward with a combined
transverse and longitudinal motion in the direction the work is progressing, maintaining the template
in contact with the forms and maintaining a slight excess of material in front of the cutting edge. The
00109-1
4.2 After completion of a strike-off, consolidation, and transverse screeding, hand-
operated longitudinal float shall be operated to test and level the surface to the required grade.
Workers shall operate the float from approved bridge riding on the forms and spanning the
pavement. The longitudinal float shall be operated with short longitudinal strokes while being
passed from one side of the pavement to the other.
5. CURING
5.1 Immediately after finishing operations have been completed, the entire surface of
the newly laid concrete shall be covered and cured.
5.2 Failure to provide sufficient cover material of the type the contractor elects to use,
failure to maintain saturation in wet curing methods, lack of water to adequately take care of both
curing and other requirements, or other failure to comply with curing requirements shall be cause for
immediate suspension of concreting operations.
6. PROTECTION OF CONCRETE DRIVEWAYS
6.1 The contractor shall erect and maintain the barricades required by the plans and
such other standard barricades and approved devices as will exclude the use of the driveway for a
period of time as directed by the Owner's Representative.
7. OPENING DRIVEWAY TO OWNER
7.1 The driveway shall be closed to all traffic vehicles until the concrete is at least two
(2) days old. This period of closure to all traffic may be extended, if in the opinion of the Owner's
Representative, conditions make it advisable to provide an extension of the time of protection.
7.2 The Owner's Representative may require the opening of the driveway to traffIC prior
to the minimum time specified above under conditions of emergency which, in his opinion, require
such action in the interest of the pUblic or homeowner.
8. MEASUREMENT
8.1 Concrete driveways will be measured for payment by the square yard of surface
area of completed and accepted work.
9. PAYMENT
9.1 Concrete driveways will be measured as provided under "Measurement" and will be paid
for at the unit price bid per square yard of completed and accepted work, which price shall be full
compensation for excavation and fine grading the driveway, including furnishing and installing sand
cushion, all reinforcing steel, hauling and handling all concrete ingredients, mixing and placing
concrete, finishing, curing, cleaning, and sealing joints; and placing longitudinal, reinforcing steel
and all incidentals necessary to complete the work.
00109-2
TECHNICAL SPECIFICATIONS
ITEM 00111
BANK SAND
1. DESCRIPTION
1.1 The work covered by this section consists of furnishing all plant equipment, labor,
materials, and performance of all operations for placement of sand used as a cushion for
sidewalks, driveways and wheelchair ramps, as well as extra sand ordered by the Engineer.
2. MATERIALS
2.1 Sand: The sand shall be a river sand free from roots and other objectionable matter.
3. CONSTRUCTION METHODS
3.1 Sand shall be placed, as directed by the Owner, in not more than four (4) inch layers,
loose measured and compacted with mechanical tamps or other approved equipment.
4. MEASUREMENT
4.1 Sand ordered by the Engineer will be measured by the cubic yard based on delivery
haul tickets which shall be provided to the Owner's representative on the day of the delivery.
The sand tickets shall be subject to inspection and verification by determining the load
capacity of the delivery vehicle(s). Sand used as a cushion for sidewalks, driveways and
wheelchair ramps is considered incidental to the work, and will not be measured separately.
5. PAYMENT
5.1 Sand ordered by the Engineer will be paid by the unit price bid per cubic yard. Sand
used as a cushion for sidewalks, driveways and wheelchair ramps is considered incidental
to the work, and payment is included in the unit cost for each of these items.
00111-1
TECHNICAL SPECIFICATION
ITEM 00112
GENERAL SODDING
PART 1 - GENERAL
1.01 Description
A. Scope: Furnish plants, materials, labor, equipment and appliances, and perform all
operations in connection with the planting of sod within the areas designated on the
PLANS for the purpose of surface stabilization, channel stabilization and/or vegetation
buffer strips or in locations directed by the Engineer or his representative.
B. Related work as called for on PLANS as specified elsewhere in this or other
TECHNICAL SPECIFICATIONS.
1.02 Quality Assurance
The following documents, used as standards, are to be considered a part of these
specifications.
1. American Joint Committee on Horticultural Nomenclature, "Standardized Plant
Names," Second Edition, 1942.
2. American Association of Nurserymen, Inc. "American Standard for Nursery
Stock. "
PART 2 - PRODUCTS
2.01 Materials
A. Sod: Certified grade cultivated San Augustine or Bermuda grass sod; with strong,
fibrous root system; free from stones and burned or bare spots.
B. Topsoil: Fertile, agricultural soil typical of locality and capable of sustaining vigorous
plant growth; from well drained site that is free of flooding; free from admixture of subsoil,
slag or clay, stones, lumps, live plants and their roots, sticks and other extraneous
matter; pH value of minimum 5.4 and maximum 7.0. Use topsoil excavated from site only
if conforming to specified requirements.
C. Fertilizer: Commercial type conforming to FS 0-F-241, Type 1, Grade A recommended
for grass, with fifty percent of the elements derived from organic sources; of proportion
necessary to eliminate any deficiencies of topsoil as indicated in analysis.
D. Wooden Pegs: Of sufficient size and length to ensure satisfactory anchorage of sod on
slope in excess of 2:1.
E. Roll Lite Erosion Control Mulching Fabric as manufactured by Gulf States Paper
Corporation or equal. .
F. Water: Clean, fresh, and free of substances or matter which would inhibit vigorous
growth of grass.
PART 3 - EXECUTION
3.01 General
A. Provide erosion and sedimentation control systems at the locations shown on PLANS
or in locations directed by the Engineer or his designated representative. Such systems
shall be of the type indicated and shall be constructed in accordance with the
requirements shown on PLANS and set out in this Item.
00112-1
B. Inspect and repair or replace components of all erosion and sedimentation control
systems as specified for each type of system. Unless otherwise directed, maintain the
erosion and sedimentation control systems until the project is accepted by the Owner.
C. Remove and dispose of sediment deposits at the project spoil site. If a project spoil
site is not designated on PLANS, dispose of sediment offsite at location not in or adjacent
to stream or floodplain. Sediment to be placed at the project site should be spread,
compacted and stabilized in accordance with the Owner's directions. Sediment shall not
be allowed to flush into stream or drainage way.
D. Equipment and vehicles shall be prohibited by the Contractor from maneuvering on
areas outside of dedicated rights-of-way and easements for construction. Damages
caused by construction traffic to erosion and sedimentation control systems shall be
repaired immediately.
E. Contractor shall employ protective measures described in Item General Source
Controls to avoid damage to existing trees to be retained on the project site. Conduct all
construction operations under this Contract in conformance with the erosion control
practices described in that Item.
3.02 Preparation of Subgrade
A. Fine grade subgrade, eliminating uneven areas and low spots. Maintain lines, levels,
profiles, and contours. Make changes in grade gradual. Blend slopes into level areas.
B. Remove foreign materials, undesirable plants and their roots, stones, and debris. Do
not bury foreign material beneath areas to be sodded. Remove and replace subsoil which
has been contaminated with petroleum products.
C. Cultivate subsoil to a depth of 3 inches where topsoil is to be placed. Repeat
cultivation in areas where equipment, used for hauling and spreading topsoil, has
compacted subsoil.
3.03 Placing Topsoil
A. Spread topsoil to a depth of minimum 2 inches over entire area to be sodded.
B. Place topsoil during dry weather and on dry unfrozen subgrade.
C. Grade to eliminate rough and low areas, ensuring positive drainage. Maintain levels,
profiles, and contours of subgrade.
D. Remove stones, roots, grass, weeds, debris, and other foreign nonorganic material
while spreading.
3.04 Fertilizing
A. Apply fertilizer at rate recommended by manufacturer. Apply after fine grading and
prior to compaction. Mix thoroughly into upper 2 inches of topsoil.
B. Lightly water to aid the breakdown of fertilizer.
C. Apply fertilizer within 48 hours before laying sod.
3.05 Laying Sod
A. lay sod as soon as possible after delivery to prevent deterioration.
B. Full Sodding: Lay sod closely knit together with no open joints visible, and pieces not
overlapped. Stagger sod units to avoid continuous seams. Lay smooth and flush with
adjoining grass areas, paving, and top surfaces of curbs.
C. Strip Sodding: Lay sod in the following patters: 3-inch continuous sod strip, 12-inch
topsoil, 3-inch continuous sod strip. See dirt areas between sod strips.
D. On slopes 2:1 and steeper, lay sod perpendicular to slope and secure every row with
wooden pegs at maximum 2 feet on center. Drive pegs flush with soil portion of sod.
E. Prior to placing sod, on slopes 3:1 or flatter or where indicated, place Hold/Gro or
RolVLite or equal over topsoil. Securely anchor in place with posts sunk firmly into the
00112-2
ground at maximum 16 feet on center along pitch of slope and equal to width of wire
mesh horizontally across slopes.
F. Immediately water sodded areas after installation. Water in sufficient amounts to
saturate sod and upper 4 inches of soil.
G. After sod and soil has dried sufficiently to prevent damage, roll sodded areas to
ensure good bond between sod and soil and to remove minor depressions and
irregularities. Ensure rolling equipment weight not over 250 pounds or less than 150
pounds.
3.06 Maintenance
A. Begin maintenance of plant materials immediately after planting and continue
maintenance until issuance of Certificate of Acceptance of project.
B. Maintenance to include measures necessary to establish and maintain plants in a
vigorous and healthy growing condition, including the following.
1. When herbicides are used for weed control, apply in accordance with
manufacturer's instructions. Remedy damage resulting from use of herbicides.
2. Watering sufficient to saturate root system.
3. Disease and insect control.
3.07 Measurement and Payment
Measure by the square yard of area sodded. Payment for work under this Item will be
made at contract price for "Full Sodding," or "Strip Sodding", as indicated on
PROPOSAL, which price to be full compensation for all fertilizer, sod, equipment,
materials, and labor necessary for fertilizing and sodding.
00112-3
TECHNICAL SPECIFICATIONS
ITEM 00113
CEMENT -SAND BACKFILL
1.0 GENERAL
1.1 SCOPE
This section provides for the use of cement-sand as bedding material under storm sewer pipes; for
backfilling material around storm sewer pipes, manholes, inlets and drainage structures as required, and
for backfill of utilities in pavement sections.
1.2 RELATED WORK
a. Division 2. Site Work.
(1) Storm Sewers
(2) Sanitary Sewers
(3) Manholes
(4) Concrete Drainage Structures
1.3 PAYMENT
Material, placement and compaction of cement-sand backfill shall be paid for at the unit bid price for
this item.
2.0 PRODUCTS
2.1 MATERIALS
a. Sand. Use clean durable sand containing not more than the following:
(1 ) Deleterious materials.
(a) Clay lumps, ASTM C-142; less than 0.5 percent (0.5%)
(b) Lightweight pieces, ASTM C-123; less than five percent (5.0%)
(c) Organic impurities, ASTM C-40; shall not show a color darker than the standard color
(d) Other deleterious materials such as coal, shale, coated grains of soft f1akey particles;
less than two percent (2.0%)
(2) Plasticity index shall be four (4) or less when tested in accordance with ASTM 0-43 and
ASTM 0-424.
00113-1
TECHNICAL SPECIFICATIONS
ITEM 00113
CEMENT-SAND BACKFILL
1.0 GENERAL
1.1 SCOPE
This section provides for the use of cement-sand as bedding material under storm sewer pipes; for
backfilling material around storm sewer pipes, manholes, inlets and drainage structures as required, and
for backfill of utilities in pavement sections.
1.2 RELATED WORK
a. Division 2. Site Work.
(1) Storm Sewers
(2) Sanitary Sewers
(3) Manholes
(4) Concrete Drainage Structures
1.3 PAYMENT
Material, placement and compaction of cement-sand backfill shall be paid for at the unit bid price for
this item.
2.0 PRODUCTS
2.1 MATERIALS
a. Sand. Use clean durable sand containing not more than the following:
(1) Deleterious materials.
(a) Clay lumps, ASTM C-142; less than 0.5 percent (0.5%)
(b) lightweight pieces, ASTM C-123; less than fIVe percent (5.0%)
(c) Organic impurities, ASTM C-40; shall not show a color darker than the standard color
(d) Other deleterious materials such as coal, shale, coated grains of soft f1akey particles;
less than two percent (2.0%)
(2) Plasticity index shall be four (4) or less when tested in accordance with ASTM 0-43 and
ASTM 0-424.
00113-1
(3) Gradation Reauirements.
% Retained
% -inch sieve
%-inch sieve
1 Q-mesh sieve
2Q-mesh sieve
40-mesh sieve
60-mesh sieve
100-mesh sieve
200-mesh sieve
270-mesh sieve
0%
0% - 5%
5% - 35%
15% - 55%
35% - 85%
60% - 95%
80% - 97.5%
95% -100%
100%
(4) Color test ASTM C40-73. Color not darker than standard color.
b. Portland Cement. Furnish Portland cement to conform with ASTM C-150, Type J.
c. Water. Water shall be reasonably clean and free from injurious amounts of oil, acid, alkalies, salt,
organic matter, or other deleterious material.
2.2 PROPORTIONING AND MIXING
Mix proportions shall be designed to achieve unconfined compressive strength of 100 psi in 48 hours.
Add not less than 1% sacks of Portland cement to stabilize one (1) cubic yard of sand mixture. Add
required amount of water and mix thoroughly in an approved pug-mill type mixer. Stamp batch ticket with
the time of loading. Material not in place within three (3) hours after loading will be rejected.
2.3 TESTING
Upon request of the Engineer, the Contractor or his supplier will furnish samples of the sand and cement
for testing before and/or during project construction. Samples shall be submitted two (2) days prior to
stabilized sand being delivered to the project site. If the material source is changed during project
construction, new samples shall be submitted.
3.0 EXECUTION
3.1 BEDDING PROCEDURES
a. Place cement-sand in a trench or excavation prepared for sewer pipe to the depth shown on the
drawings.
b. After bedding material is in place, set pipes in position to grade.
c. Add additional cement-sand material around pipe, filling to at least six-inches (6") above pipe
crown. Place cement-sand material at optimum moisture content, and in layers not to exceed six-inches
(6") measured loose.
d. Compact with mechanical hand tamps to at least 95 percent (95%) of AASHTO Density, Test
Method T -99.
3.2 FOUNDATIONS
Use cement-sand for stabilizing below the foundation for pre-cast manholes, inlets or concrete structures.
Backfill outside the manhole to a minimum of six-inches (6') above the largest pipe crown. With "AA"
bedding, continue cement-sand backfill to within one-foot (1') of the finished pavement surface.
00113-2
3.3 BACKFILL PROCEDURES
a. Place cement-sand in sewer trenches as backfill for sewer lines under existing or future pavement.
Backfill to within one-foot (1') of the subgrade with the cement-sand. Use cement-sand material as
backfill material around manholes if the structure lies within two-feet (2') of the pavement.
b. Place cement-sand material at optimum moisture content in layers not to exceed 12-inches (12"),
measured loose.
c. Compact with mechanical hand tamps to at least 95 percent (95%) of prescribed AASHTO Density,
Test Method T-99.
3.4 PERFORMANCE
The sand-cement mixture shall produce a minimum unconfined compressive strength of 100 pounds per
square inch (100 psi) in 48 hours when compacted to 95 percent (95%) of ASTM 0-698 without additional
moisture control, cured (ASTM C-31 , Item 9), and tested in accordance with ASTM C-31.
--000--
00113-3
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: A~ '!f4
Requested By: Niehola!l Finan~
Department: PlaRRmg
Appropriation
Source of Funds: N/A
Account Number: N/A
Report: x Resolution:
Ordinance:
Amount Budgeted: Nt A
2 Maps
Amount Requested: }S/A.
Exhibits:
Exhibits:
Letter from Wayne Knox
Budgeted Item: YES NO
Exhibits:
Letter from Jack Howard & Larrv Allen
N/A
Exhibits:
I,etter from Nick Finan to .Iack Howard
SUMMARY & RECOMMENDATION
Mr. Jack Howard and Larry Allen would like to lease a portion of the unimproved portion of Lomax School Road
north of 'P' Street in exchange for services.
Larry Allen and Jack Howard live on land adjacent on the west side of the north section of Lomax School Road
ROW north of'P' Street. The section is unimproved at this time. There is a drainage swale along this ROW. Staff
does not feel it is appropriate to close the ROW at this time, but there are no immediate plans for the improvement
of the ROW, either. Mr. Howard has been utilizing the ROW for several years by placing a gate across the ROW to
connect to an existing fence with the property owner (Wayne Knox) to the west of the ROW. Recently, Mr. Howard
turned the gate into a fence. Mr. Knox questioned the use of the ROW by Mr. Howard. Mr. Howard maintains
horses on the property. He has maintained the ROW with mowings and horses feeding on the strip of property for
several years. The City has no agreement with either property owner (Jack Howard or Larry Allen). From time to
time easements are fenced in and the property owner is made aware that they either need to relocate the fence or pay
for the replacement if the city has to remove it to perform some work within the easement. This is a ROW, though.
There are no utilities within it currently. The drainage swale is small along the west side of the ROW. The adjacent
property owner questioned the use ofthe ROW. Since the City does own the ROWand Mr. Howard is utilizing it,
staff sees three options: Mr. Howard could purchase the ROW, lease the ROW for a fee, or agree to lease in
exchange for services. Staff would not like to see the ROW closed and sold at this time as stated above. Mr.
Howard and Mr. Allen would like to lease in exchange for services. Please see the attached letters for additional
background.
Action Required bv Council:
Consider authorizing staff and the city attorney to proceed with drafting an agreement for the lease of a portion of
unimproved Lomax School Road ROW north of 'P' Street.
+~2 [) J 1J~
Date
Wayne S. Knox
10431 North Avenue P
La Porte, TX 77571
e-.;; Pc ST't:.'/ ~/
C11 L. L L--;-r-
!)C"()
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January 16, 2004
JAN 2 0 Z003
Mr Nick Finan
City of LaPorte
PO Box 1115
LaPorte, TX 77572-1115
Mr Finan:
I would like to thank you for your assistance in the correction of the drainage problem
created by the installation of fill dirt on my neighbor's property. Under your direction,
the problem was corrected in less than a few weeks. I had been trying to get
something done with the City for over 8 months. I thank you and applaud your rapid
resolution.
However, I am asking once more for your assistance. The city owns the right of way or
road easement between my property and the property owned by my neighbor, Jack
Howard. This right of way or easement is located at the north end of Lomax School
Road and is the location along which the drainage ditch was constructed to alleviate
the previous drainage problem. Mr Howard has fenced off this easement for his own
use. I do not believe that the City's intent is to give away this easement/right of way
property. If that is the case, I do know that the proper legal resolution would be to split
the easement between the neighboring property owners. I am not requesting that this
property be given to me or my neighbor - I am simply requesting that my neighbor not
be allowed to fence off city property.
I appreciate your assistance and look forward to hearing from you. If you have any
questions, I can be reached at 281-471-5751.
REAr" ~\'r-n,' ",
t- ~ t,,. 4 ?
Ld t.,.,
Larry 1. Allen and Jack Howard
1419 Lomax School Road
LaPorte, Texas 77571
March 15, 2004
MAR 2 2 ~uU4
PLANNING DEPT.
City of LaPorte
604 West Fairmont Parkway
LaPorte, Texas 77571
Mayor and City Councilman:
We are writing this letter in response to a meeting, which was held March 11, 2004 with
Nicholas Finan, Interim Planning Director. Mr. Howard and I both discussed the issues
in regards to the right of way that extends North to South along our property line on
Lomax School Road.
After reviewing the options, we feel that it would be most beneficial to request that we as
the adjoining property owners maintain the property for the city (such as mowing and
keeping the grounds clean) in exchange for some limited use. We have maintained the
property for the last eleven years without any agreement.
/'
This property also has a creek running across it, which makes it very tempting for young
people to swim or fish. We have tried very hard and will continue to do so as no one
wants to see anyone injured while playing in an unguarded area.
Thank you,
L~/ ~tJLL-
fin: fi,'t<hollt"} r~AN
Jack Howard ~
J~tf; ~~ ...
JACK A HOWARD
281 471 15904
0Zr':28r'iZl4 00: SSpm P. 001
City of La Porte
Established 1892
, ')0
/ ,-
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,n ~~,;., J
February 1 R, 2004
Jack Howard
1419 Lomax School Rd.
La Porte, IX 77571
Dear Mr. Howard.
I am writing i.n response to a new gate being placed across the lU1improved rights-of-way of Lomax:
School Road, The gate prevents the City from access to the public right.of.way. Because there are no
utilities located within the right-of-way (ROW) nor are there any immediate plans to improve the
ROW, this may not be a problem.
However, if you desire to keep the fence and gate across this ROW, Staff would request that you make
a formal request of the City. You may do this in one of at least three ways: 1) Formally request the
ROW be closed. Typically, if the City sees no present or future needs, the City abandons and sells the
ROW at a price agreed upon to the adjacent property o'<\oner(s). This choice has some expense
associated with it as well as a review by the City for future need. f) You could approach the City to
lease the ROW for a fee to be agreed upon by~oth partie,s:,.,or 3)(y ou could request to maintain the
Ro.W in exchan~e for some limited usejOUr' current reco-rds show 110 such 'agreement is in' place' at"
this time. However, if one should exist, 1 would appreciate your assistance in locating it for us.
It is my lUlderstanding that you occupied use of this ROW for some time. You may feel it is not fair to
have to make a request. I will be happy to discuss this with you and explain in more detail the City
Staff s position.
T thank you for your time and expect to hear a reply within ten (10) working days from the date of this
letter.
Thank you for your consideration and assistance.
~~~relY I) /(.,'.,c--__
///1~ / __1' )
/ jA~ j~-..
~ic'hOjas Finan jl
Interim Planning II tor
, r-.,'--</_____,.
c: John .Toems, Assistant City Manager
Knox Askins, City Attorney
604 W. Fairmont Pkwy. · La Porte, Texas 77571 . (281) 471-502C
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CITY OF LA PORTE
,', "m '. MAYOR'S OFFICE ",' ." ,"
.---- ..,-.........-.,."..,.....::.:. >,,:,..., :,,--,'- -,--,.--.,-",",. ,-"--,,,,_,_,',"'-"-'-""--'--"'",,,,_',,".."
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INTEROFFICE ME MOl{AND'"
;.'. .'."'_;:>i
May 10,2004
FROM:
Debra B. Feazelle, City Manager
Peter E. Griffiths, Mayor Pro TemT~
TO:
SUBJECT:
Annual Evaluation
Congratulations on completing your first year of employment with the City of La Porte.
During the April 26, 2004 Executive Session Council finalized your annual review.
The council members presented and expressed a favorable response in regard to your position as
City Manager. Our regard for you and your dedication to the City of La Porte deserves the highest
praise. The many hours you spend working and the concern you have for our city does not go
unrecognized. Your high energy level, the ideas and attitude you bring to the table has been good
for the City. You have set the stage for some exciting new possibilities and incentives. Your
efforts in working with other governmental agencies are offto a great start.
As you are aware, during the Executive Session on April 26th, employee morale was discussed.
With that, the Council would like you to begin the implementation process of formal focus groups
(set dates, agenda's and personnel). The focus groups should allow non-managerial staff to share
ideas and suggestions for improvement of operations.
Further discussions regarding your goals and objectives and focus groups will be on the agenda for
the upcoming summer retreat.
Please sign the enclosed "Employment Contract" and attach and forward a copy of it and this letter
to the Human Resources Division. The Human Resources Division can take care of the paperwork
and coordination with the Finance Department with regards to you salary and car allowance
increases as outlined in the contract. The Finance Department will also need the information for the
2003-2004 budget.
Once again, we appreciate all you have accomplished during the first year and look forward to next
year's positive growth.
PG/mg
attachment
EMPLOYMENT AGREEMENT
This Agreement, made and entered into ,April 26, 2004 by and between the City of La
Porte, State of Texas, a municipal corporation, hereinafter called "Employer" as party of
the first part, and Debra Brooks Feazelle, hereinafter called "Employee" as party of the
second part, both of whom understand as follows:
WITNESSETH:
Whereas, Employer desires to employ the services of said Debra Brooks Feazelle as
provided by La Porte City Charter; and'
WHEREAS, it is the desire of the Governing Board, hereinafter called "Council", to
provide certain benefits, establish certain conditions of employment, and to set working
conditions of said Employee; and
WHEREAS, it is the desire of council to: (1) secure and retain the services of Employee
and to provide inducement for her to remain in such employment; (2) to make possible
full work productivity by assuring Employee's moral and peace of mind with respect to
future security; (3) to act as a deterrent against malfeasance or dishonesty for personal
gain on the part of Employee; and (4) to provide a just means for terminating
Employee's services at such time as she may be unable to fully discharge her duties
due to age or disability or when Employer may otherwise desire to terminate her
employ; and
WHEREAS, Debra Brooks Feazelle desires to accept employment as City Manager of
said City.
NOW THEREFORE, in consideration of the mutual covenants herein contained, the
parties agree as follows:
Section 1. Duties
Employer hereby agrees to employ said Debra Brooks Feazelle as City Manager of said
Employer to perform the functions and duties specified in said La Porte City Charter and
to perform other legally permissible and proper duties and functions as the Council shall
from time to time assign.
Section 2. Term
A. Employee agrees to remain in the exclusive employ of Employer until March 9,
2007, and neither to accept other employment nor to become employed by any
other employer until said termination date, unless said termination date is
affected as hereinafter provided. The term "employed" shall not be construed to
include occasional teaching, writing, consulting or military reserve service
performed on Employee's time off.
B. In the event written notice is not given by either party to this Agreement to the
other ninety (90) days prior to the termination date as herein proved, this
Agreement shall be extended on the same terms and on conditions as herein
provided, all for an additional period of one (1) year. Said Agreement shall
continue thereafter for one (1) year periods unless either party hereto gives
ninety (90) days' written notice to the other party that the party does not wish to
extend this Agreement for an additional one (1) year term.
Section 3. Termination and Severance Pay
A. Pursuant to the provisions of Section 3.01 (b) of the Home Rule Charter of the
City of La Porte, the City Manager may be appointed and removed at the will and
pleasure of the City Council by a vote of the majority of the entire City Council. In
the event Employee is terminated by the Council before expiration of the
aforesaid term of employment and during such time that Employee is willing and
able to perform her duties under this Agreement, then and in that event Employer
agrees to pay Employment as severance pay and liquidated damages, eight (8)
weeks' salary and benefits, payable in installments over Employer's normal pay
periods. In the event Employee secures other employment during such eight (8)
week period, the amount of such salary payments shall be reduced by the
amount of salary payment received by Employee from such new employment. In
the event Employee is terminated by Council for cause, as defined in the current
edition of the City of La Porte Personnel Policy Manual, Employer shall have no
obligation to pay the severance pay and liquidated damages designated in this
paragraph. However, Employee shall be compensated for any accrued sick
leave, holiday, and other accrued benefits.
B. In the event Employer at any time during the term of this Agreement reduces the
salary or other financial benefits of Employee in a greater percentage than an
applicable across-the-board reduction for all employees of Employer, or the
Employee resigns following a suggestion whether formal or informal, by the
Council that she resign, then, in that event Employee may, at his option, be
deemed to be "terminated" at the date of such reduction or such refusal to
comply within the meaning and context of the herein severance pay provision.
C. In the event Employee voluntarily resigns her position with Employer before
expiration of the aforesaid term of his employment, then Employee shall give
Employer thirty (30) days notice in advance, unless the parties otherwise agree.
Section 4. Disability
If Employee is permanently disabled or is otherwise unable to perform her duties
because of sickness, accident, injury, mental incapacity or health for a period of four
successive weeks beyond any accrued sick leave, or for twenty (20) working days over
a thirty (30) working day period, Employer shall have the option to terminate this
Agreement subject to the severance pay requirements of Section 3, paragraph A.
However, Employee shall be compensated for any accrued sick leave, vacation,
holidays, and other accrued benefits.
2
Section 5. Salary
Employer agrees to pay Employee for his services rendered pursuant hereto an annual
base salary of $114,125.00, payable in installments at the same time as other
employees of the Employer are paid. In addition, Employer agrees to increase said
base salary and/or other benefits of Employee in such amounts and to such extent as
the Council may determine that it is desirable to do so on the basis of an annual salary
review of said Employee made at the same time as similar consideration is given other
employees generally.
Section 6. Performance Evaluation
A. The Council shall review and evaluate the performance of the Employee at least
once annually. Said review and evaluation shall be in accordance with specific
criteria developed jointly by Employer and Employee. Said criteria may be added
to or deleted from as the Council may from time to time determine. Further, the
Mayor shall provide the Employee with a summary written statement of the
findings of the Council and provide an adequate opportunity for the Employee to
discuss her evaluation with the Council.
B. Annually, the Council and Employee shall define such goals and Performance
Objectives which they determine necessary for the proper operation of the City
and the attainment of the Council's policy objectives and shall further establish a
relative priority among those goals and objectives, said goals and objectives to
be reduced to writing. They shall generally be attainable within the time
limitations as specified and the annual operating and capital budgets and
appropriations provided.
C. In effecting the provisions of this Section, the Council and Employee mutually
agree to abide by the provisions of applicable law.
Section 7. Hours of Work
It is recognized that Employees must devote a great deal of time outside the normal
office hours to business of the Employer, and to that end Employee will be allowed to
take compensatory time off as appropriate.
Section 8. Automobile
Employer shall pay Employee an automobile allowance to the Employee in the amount
of $475.00 per month. The Employee shall be responsible for paying for liability,
property damage and comprehensive insurance on the automobile.
Section 9. Disability, Health and Life Insurance
A. Employer agrees to provide Employee, Employer-paid insurance, such as life,
health medical, hospitalization, and the like, and to pay the premiums thereon,
equal to that which is provided for all other employees of Employer.
3
B. Employee agrees to submit once per calendar year to a complete executive
physical examination by a qualified physician selected by the Employer.
Employer shall receive a copy of all medical reports related to said examination.
C. Employer agrees to purchase and to pay the required premiums on term life
insurance policies equal in amount to two times the annual gross salary of
Employee, with the beneficiary named by Employee.
Section 10. Professional Development
A. Employer hereby agrees to budget for and to pay the travel and subsistence
expenses of Employee for professional and official travel, meetings and
occasions adequate to continue the professional development of Employee and
to adequately pursue necessary official and other functions for Employer,
including but not limited to the Annual Conference of the Texas City Management
Association, the Texas Municipal League and such other national, regional, state
and local governmental groups and committees thereof which Employee serves
as a member.
B. Employer agrees to budget and to pay for the professional dues and
subscriptions of Employee necessary for her continuation and full participation in
national, regional, state and local associations and organizations necessary and
desirable of her continued professional participation, growth and advancement,
and for the good of the Employer.
Section 11. General Expenses
Employer recognizes that certain expenses that are strictly job-affiliated are incurred by
Employee, and Employer hereby agrees to reimburse or to pay said expenses and the
Finance Director is hereby authorized to disburse such monies upon receipt of duly
executed expense or petty cash vouchers, receipts, statements or personal affidavits
upon approval of Mayor.
Section 12. Indemnification
Employer shall defend, save harmless and indemnify Employee against any tort,
professional, liability claim or demand or other legal action, whether groundless or
otherwise, arising out of an alleged act or omission occurring in the performance of
Employee's duties as City Manager.
Section 13. Bonding
Employer shall bear the full cost of any fidelity or other bonds required of the Employee
under any law or ordinance.
4
Section 14. Other Terms and Conditions of Employment
A. The Council, in consultation with the Employee, shall affix any such other terms
and conditions of employment, as it may determine from time to time, relating to
the performance of Employee, provided such terms and conditions are not
inconsistent with or in conflict with the provisions of this Agreement, the City
Charter or any other law.
B. Subject to the express provisions of this Agreement, all provisions of the City
Charter and adopted regulations and rules of the Employer relating to vacation
and sick leave, retirement and pension system contributions, holidays and other
fringe benefits and working conditions as they now exist or hereafter may be
amended, also shall apply to Employee as they would to other employees of
Employer.
C. Employee shall be entitled to receive four (4) weeks' vacation and shall be
entitled to sick leave benefits as accorded department heads, including the
provisions, subject to Section 3, paragraph A, of this Agreement, governing
accrual and payment thereof on termination of employment.
D. Upon execution of this contract and approval of same by Council, Employee shall
be entitled to receive a one-time signing bonus in the amount of $8,250.00,
payable with the regular paycheck following its approval by Council.
E. Employer shall not at any time during the terms of this Agreement reduce the
salary, compensation or other financial benefits of Employee, except to the
degree of such a reduction across-the-board for all employees of the Employer.
F. The terms and provisions of the current edition of the City of La Porte Personnel
Policy Manual shall be fully applicable to the Agreement, except to the extent of
any conflict, in which case the terms and provisions of this Agreement shall
prevail. In the event of a conflict between the provisions of the Home Rule
Charter of the City of La Porte and this Agreement, the Charter provisions shall
prevail.
Section 15. General Provisions
A. The text herein shall constitute the entire Agreement between the parties.
B. This Agreement shall be binding upon and inure to the benefit of the heirs at law
and the executors of Employee.
C. This Agreement shall become effective commencing March 10, 2004.
D. If any provision or any portion thereof, contained in this Agreement is held
unconstitutional, invalid or unenforceable, the remainder of the Agreement, or
portion thereof, shall be deemed severable, shall not be affected and shall
remain in full force and effect.
5
IN WITNESS WHEREOF, the City of La Porte has caused this Agreement to be signed
and executed in its behalf by its Mayor and duly attested by its City Secretary and the
Employee has signed and executed this Agreement, both in duplicate, the day and year
first above written.
City of La Porte, Texas
~
By: r Griffiths. Mayor pro-Te~
"EMPLOYER"
Debra Brooks Feazelle, Cit
"EMPLOYEE"
ATTEST:
<-;!J)/l.uAtJ.:PlLi/)J
Mart. a iIIett, City Secretary
[Seal]
This Cont ctlAgreement was discussed and approved in an open and regular
scheduled City Council Meeting, ij- ~ ,(, , 2004.
6
Gillett, Martha
To:
Subject:
John Armstrong Oohn-a@swbell.net)
City Manager Contract
They want a contract updated to be voted at the next council meeting. The following items need to be changed and/or
incorporated.
A one time signing bonus of 7.5% - $8,250.
Increase care allowance to $475.00.
A 3.75% salary increase - $4,125
New Base Salary - $114,125
3 year contract with yearly review.
Increase vacation to 4 weeks - 20 days.
Let me know if you have any questions. Thanks
~
1
MEETING HANDOUTS
~----_..--..--- ...... ._-~--_.. -----------------
.-
,-
,-'
A.
April 15, 2004
To: Martha A. Gillett, City Secretary
Please place the Solicitor Ordinance on the Council Meeting for discussion at the next City
Council Meeting.
~
~~(~-
~WI1~vN
7h Q\~~W
jP ______
~~
--
-
ORDINANCE NO. 99-135""-;('
AN ORDINANCE AMENDING CHAPTER 22, ARTICLE V, "PEDDLERS, SOLICITORS
AND CANVASSERS", OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF A FINE
NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00) FOR EACH VIOLATION;
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.
Section 22-286, "Definitions", of the Code of
Ordinances of the City of La Porte is hereby amended, to add to
said Definitions the following:
"Charitable Solicitation or Solicitor means the
solicitation of money or property for the benefit of any
charitable, religious, patriotic, civic, fraternal or
social organization, or educational institution, or other
philanthropic or non-profit organization."
section 2. section 22-287, subparagraph (b), of the Code of
Ordinances of the City of La Porte is hereby amended, to hereafter
read as follows, to-wit:
"(b) No charitable solicitor or direct seller shall
utilize City or State rights-of-ways, including highways,
streets, alleys, or sidewalks, whether or not improved
and open to traffic, to conduct charitable solicitations
or direct sales. No charitable solicitor or direct
seller shall impede the free use of sidewalks and streets
by pedestrians and vehicles."
section 3. Section 22-287, subparagraph (e), of the Code of
Ordinances of the City of La Porte is hereby amended, to hereafter
read as follows, to-wit:
"(e) No charitable solicitor or direct seller shall
stand in a roadway for the purpose of soliciting a ride,
contribution, employment or business from the occupant of
any vehicle."
section 4. Section 22-287, subparagraph (h), of the Code of
-
Ordinances of the city of La Porte is hereby amended, to hereafter
read as follows, to-wit:
'1,\. I ~5 (p- A.
"(h) No persons shall engage in solicitation upon any
residential or business premises without a prior
invi tat ion from the occupant thereof, if such premises is
posted against such solicitation by means of a notice
prominently displayed, upon which is printed the legend:
"no solicitors" (or words of similar import). For
purposes of this subsection, such premises shall be
deemed to be posted against solicitation if there is
exhibited, on or near the main entrance to the premises,
a sign at least three inches by four inches in size which
bears the above legend in letters at least one-third-inch
in length."
section 5. Chapter 22, Article V, "PEDDLERS, SOLICITORS AND
CANVASSERS", of the Code of Ordinances of the City of La Porte is
hereby amended, by adding thereto a new Section 22-319, which shall
read as follows, to-wit:
"section 22-319. Charitable Solicitor Registration.
-
Charitable solicitors shall register with the City
Secretary, providing information as to dates and places
of planned charitable solicitation; name, address, and
telephone number of a contact person for the
organization; and such other information as may be
required by the city Secretary. No fee shall be charged
for charitable solicitation registration."
section 6. If any provision, section, subsection, sentence,
clause, or phrase of this ordinance, or the application of same to
any person or set of circumstances is for any reason held to be
unconstitutional, void or invalid, the validity of the remaining
portions of this ordinance or their application to other persons
or sets of circumstances shall not be affected thereby, it being
the intent of the city Council in adopting this ordinance that no
portion hereof or provision or regulation contained herein shall
become inoperative or fail by reason of any unconstitutionality,
voidness or invalidity of any other portion hereof, and all
provisions of this ordinance are declared to be severable for that
-
purpose.
2
",'l,I')SlrA
Section 7.
Any person who violates a provision of this
ordinance, upon conviction in the municipal court of the City of La
Porte, shall be subject to a fine not to exceed five hundred
dollars ($500.00) for each offense.
section 8.
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 9. This Ordinance shall be effective from and after
its passage and approval, and publication of its caption as
provided by law.
PASSED AND APPROVED, this ~ day of N()JElYI~e{ , 1999.
CITY OF LA PORTE
)1 '-~.1. ~
By: / '!~~t:~~~~~Z'"
Mayor
-
ATTEST:
vrn"u-t.a. !JilUJ/
~~ Gil ett
city Secretary .//
.~ //"
APPROVED. ~ /" / / .....
'O?P1/; ?ed~
Knox w. Askins
city Attorney
3
BUSINESSES
~ 22-286
~-
ARTICLE v: PEDDLERS, SOUCITORS AND CANVASSERS*
DMSION 1. GENERALLY
,,'-
Sec. 22.286. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context c1e~ly indicates a different meaning:
Canvasser or solicitor means any individual, whether a resident of the city or not, traveling
either by wagon, automobile, motor truck, foot or any other type of c~nveyance, from place to
place, from house to house, or from street to street, taking or attempting to take orders for sale
of goods, wares and merchandise, personal property of any nature whatsoever for future
delivery, or for services to be furnished or performed in the future, whether or not such
individual has, carries or exposes for sale a sample of the subject of such sale or whether he is
collecting advance payments on such sales or not, provided that such definition shall include
any person who, for himself, or for another person, firm or corporation, hires, leases, uses or
occupies any building, structure, tent, railroad boxcar, boat, hotel room, lodginghouse, trailer
truck, apartment, shop, or any other place within the' city for the sole purpose of exhibiting
samples and taking orders for future delivery.
Contributions means alms, food, clothing, money, property, financial assistance, or other
thiIig of value. A contribution shall also include a sale or offer to sell any book, card, magazine,
membership, merchandise, subscription, ticket or other thing in connection with which an
appeal is made for any charitable or religious purpose.
Direct seller means any individual who, for himself, or a partnership, association, or
corporation, sells goods or services, or takes sales orders for the later delivery of goods or
services, at any location other than the permanent business place or residence of such
individual, partnership, association, or corporation, and shall include, but not be limited to,
peddlers, solicitors, hawkers, and transient merchants. The sale of goods includes donations or
contributions, whether direct or indirect, required by the direct seller for the retention of goods
by a dcmor or prospective customer.
Goods means personal property of any kind, and shall include goods provided incidental to
services offered or sold. ,
Peddler means any person, whether a resident of the city or not, traveling by foot, wagon,
automotive vehicle, or any other type of conveyance, from house to house, or from street to
street, carrying, conveying or transporting goods, wares, merchandise, meats, fish, vegetables,
fruits, garden truck, farm products or provisions, offering and exposing such items for sale, or
making sales and delivering articles to purchasers, or who, without traveling from place to
place, shall sell or offer the same for sale from a wagon, automotive vehicle, railroad car, or
other vehicle or conveyance, and further provided that one who solicits orders and as a
*State law references-Authority to regulate, 'VoT.C.A, Local Government Code ~~
215.031, 215.075; employment of children, 'VoT.C.A, Labor Code ~ 51.001 et seq.
.-
CD22:21
~ 22-286
LA PORTE CODE
-
.,~
separate transaction makes deliveries to purchasers as a part of a scheme or design to evade
the provisions of this article shall be deemed a peddler, subjec~.to the provisions of this article.
The word "peddler" shall include the words "hawker" and "huckster."
Religious shall not mean and include the word "charitable," but shall be given its commonly
accepted definition.
Residential premises means a building or portion of a building used for residential purpose~.
including the real estate upon which any such building is located, provided that the
predominant use of the real estate is for residential purposes.
vendor means any person, :firm or corporation, whether as owner, agent cosignee or
employee, whether a resident of the city or not, who engages in a temporary business of selling
and delivering goods, wares and merchandise within the city, and who, in furtherance of such
pUrpose, hires, leases, uses or occupies any building~ structure, motor vehicle, tent, railroad
boxcar, or boat, public room in hotels, lodginghouses, apartments, shops, or any street, alley,
or other place within the city, for the exhibition and sale of such goods, wares and merchandise,
either privately or at public auction, provided that such definition shall.not be construed to
include any person, :firm or corporation who, wmle occupying such temporary location, does not
sell from stock, but exhibits samples only for the purpose of securing orders for future delivery
only. The person, firm or corporation so engaged shall not be relieved from complying with the
provisions of this article merely by reason of associating temporarily with any local dealer,
trader, merchant or auctioneer, or by conducting such transient business in connection with,
as a part of, or in the name of any local dealer, trader, merchant or auctioneer.
(Code 1970, ~ 17-1)
Cross reference-Defini.tions generally, ~ 1-2.
Sec. 22-287. Prohibited acts.
(a) No person engaged in solicitation shall misrepresent or make false, deceptive or
misleading statements concerning the quality, quantity or character of any goods offered for
sale, his identity or the identity of the organization he represents. A charitable organization,
except those persons registered under Vernon's Ann. Civ. St. art. 9023c, direct seller shall
specifically disclose, upon request, what portion of the sale price of goods being offered will
actually be used for the charitable purpose for which the organization is soliciting. Such
portion shall be expressed as a percentage of the sale price of the goods.
(b) No direct seller shall impede the free use of sidewalks and streets by pedestrians and
vehicles. Where sales are made from vehicles, all traffic and parking regulations shall be
observed.
(c) No direct seller shall make any loud noises or use any sound amplifying device to attract
customers if the noise produced is capable of being plainly heard outside a 50-foot radius of the
source.
(d) No direct seller shall allow rubbish or litter to accumulate in or around the area in
which he is conducting business.
CD22:22
BUSINESSES
~ 22-287
(e) No direct seller shall solicit or conduct business with persons in motor vehicles.
(t) No direct seller shall solicit or conduct his business in such a way as would restrict or
interfere with the ingress or egress of the abutting property owner or tenant, or create or
become a public nuisance, increase traffic congestion or delay or constitute a hazard to traffic,
life or property, or an obstruction to adequate access to fire, police or sanitation vehicles.
(g) No direct seller other than a person having a permanent business place shall solicit
without first complying with the laws of this state and all other relevant provisions of this
Code. Such other provisions include, but are not limited to:
(1) Health inspection;
(2) Compliance with building codes;
(3) Fire inspection;
(4) Restrictions on signs;
(5) Restrictions on sale of fireworks; and
(6) Inspection and testing of weighing and measuring devices.
(h) No persons shall engage in solicitation upon any residential premises without a prior
invitation from the occupant thereof, if such premises is posted against such solicitation by
means of a notice prominently displayed, upon which is printed the legend: "no solicitors" (or
words of similar import). For the purposes of this subsection, a dwelling house or apartment
or other place of residence shall be deemed to be posted against solicitation if there is
exhibited I on or near the main entrance to the premises or on or near the main door to any
residence located thereon, a sign at least three inches by-four inches in size which bears the
above legend in letters at least one-third-inch in length.
(i) No person shall engage in solicitation upon any premises or in any dwelling house,
apartment or other residence after having been asked by the owner or occupant thereof to .
leave such premises or residence.
(j) There shall be no solicitation upon any residential premises, other than upon prior
invitation of the occupant of any such premises, prior to 9:00 a.m. or after 30 minutes after
sunset of any day.
(k) Not more than two individuals shall engage in solicitation. upon any residential
premises at the same time for the same goods or services, or for religious or charitable
purposes. Each individual member of a group engaged in solicitation in violation of this
provision shall be deemed to have violated such provision.
m No person shall make more than one solicitation call at the same residential premises for
identical goods or services or for the same religious or charitable purposes within any
consecutive 30-day period, without receiving a prior invitation therefor from the occupancy of
any such premises: This subsection shall be construed to include representatives of any person
more than once during the 30-day period without a prior invitation as provided in this
subsection.
CD22:23
~ 22-287
LA PORTE CODE
(m) No person engaged in solicitation shall, at the time of initial contact with a prospective
customer or donor, fail to display a current license which s~~l identjfy th~ person and his
business and the purpose of the solicitation.
(n) No person engaged in solicitation shall misrepresent the purpose of his solicitation or
use any false, deceptive or misleading misrepresentation to induce a sale or misrepresent the
true status or mission of the person.
(Code 1970, ~ 17-2(a))
Sec. 22-288. Disclosure requirements.
(a) If any sale of goods is made by a direct seller, or any sales order for the later delivery of
goods is taken by the seller at a residential premises, the buyer shall have the right to cancel
the transaction if it involves the extension of credit or is a cash transaction of more than
$25.00, the seller shall give the buyer two copies of a typed or printed notice of that fact.
(b) If the direct seller takes a sales order at a residential premises for the later delivery of
goods, he shall, at the time the order is taken, provide the buyer with a written statement
containing the terms of the agreement; the amount paid in advance whether full, partial or no
advance payment is made; the name, address and telephone number of the seller; the delivery
or performance date; whether a guarantee or warranty is provided; and, if so, the terms of such
guarantee or warranty.
(Code 1970, ~ 17-2(b))
Sec. 22-289. Construction of article.
Nothing in this article shall be construed so as to include any person delivering newspapers,
fuel, dairy products or bakery goods to regular customers on established routes.
(Code 1970, ~ 17-3)
Sec. 22-290. Evidence of compliance witharticl~
It shall be the responsibility of each solicitor, peddler or canvasser to display or have
available upon his person evidence of compliance with any license, inspection, registration or
permit requirement provided for under the laws and administrative regulations of this state
and the provisions of the codes of the city. Any police officer or other authorized official of the
city shall have the right to request evidence of compliance with such provisions requiring any
license, inspection, registration or permit.
(Code 1970, ~ 17-4)
Sec. 22-291. Duty of police to enforce article provisions.
It shall be the duty of any police officer of the city to require any person seen peddling,
canvassing, vending or soliciting, and who is not known by such officer to be duly licensed, to
produce his license and to enforce the provisions of this article against any person found to be
violating this article.
(Code 1970, ~ 17-10)
CD22:24
-
BUSINESSES .
~ 22-311
Sees. 22-292-22-310. Reserved.
DMSION 2. DIRECT SELLERS LICENSE
Sec. 22-311. Application; contents.
Applicants for license under this article, whether a person, firm or corporation, shall file a
written sworn application signed by the applicant, if an individual, by all partners, if a
partnership, and by the president if a corporation, with the city secretary, showing:
(1) The na:me of the person having the management or supervision of the applicant's
business during the time that it is proposed that it will be carried on in the city; the
local address or addresses of such person while engaged in su~h business; the
permanent address of such person, the capacity in which such person will act (that is
whether as proprietor, agent or otherwise); the name and address of the person, firm
or corporation for whose account the business will be carried on, if any; ~d if a
corporation, under the laws of what state the business is incorporated.
(2) The fingerprints of the person having the management or supervision of the applicant's
business, as well as the fingerprints of the person canvassing, soliciting or peddling
within the city on behalf of the applicant, as well as three letters of recommendation
from reliable property owners in the county.
(3) The place, other than the permanent place of business of the applicant, where the
applicant within the six months next preceding the date of the application conducted
on a transient business, stating the nature thereof and giving the post office and street
address of any building or office in which such business was conducted.
(4) The place in the city where it is proposed to carry on the applicant's business, and the
length of time during which it is proposed that the business shall be conducted.
(5) A statement of the nature, character and quality of the goods, wares or merchandise to
be sold or offered for sale by the applicant in the city; the invoice value and quality of
such goods, wares and merchandise; whether the same are proposed to be sold from
stock in possession or from stock in possession and by sample; at auction, by direct sale
or by direct sale and by taking orders for future delivery; where 'the goods or property
proposed to be sold are manufactured or produced; and where such goods or products
are located at the time the application is filed.
(6) A brief statement of the nature and character of the advertising done or proposed to be
done in order to attract customers, and, if required by the city secretary, copies of all
such advertising whether by handbills, circulars, newspaper advertising or otherwise,
shall be attached to the application as exhibits thereto.
(7) Whether or not the person having the management or supervision of the applicant's
business has been convicted of a crime, misdemeanor or the violation of any municipal
ordinance, the nature of such offense and the punishment assessed therefor, as well as
whether or not the person doing the canvassing, peddling or solicitation on behalf of
CD22:25
BUSINESSES
~ 22-317
Sec. 22-314. Fees.
(a) A license fee per calendar year in an amount established by the city and listed in
appendix A of this Code, or any portion thereof, plus an amount per badge established by the
city and listed in appendix A of this Code; provided, however, that no fee shall be required of
charitable, nonprofit and religious organizations.
(b) No fee shall be required of one selling products of the farm or orchard actually produced
by the seller.
(Code 1970, ~ 17-8)
Sec. 22-315. Issuance; form of badge.
The city secretary shall issue to each applicant, upon approval of the application, one license
and a badge bearing the words "licensed peddler." The expiration date of the license and the
number of the license should appear on the badge in letters and figures plainly discernible.
Such badge shall be worn constantly by the licensee on front of his hat or outer garment in
such a way as to be conspicuous during such time as the licensee is engaged in peddling,
canvassing or soliciting.
(Code 1970, ~ 17-9)
Sec. 22-316. Revocation.
-
Permits and licenses issued under the provisions of this article may be revoked by the chief
of police of the city after notice of hearing, for any of the following causes:
(1) Fraud, misrepresentation or false statement con~ained in the application for .license.
(2) Fraud, misrepresentation or false statement made in the course of carrying on his
business -as a canvasser, solicitor, direct seller, peddler or vendor.
(3) Any violation of this article.
(4) Conviction of any crime or misdemeanor involving moral turpitude.
(5) Conducting the business of peddling, canvassing, soliciting, direct selling or vending in
such a manner as to constitute a breach of the peace or to constitute a menace to the
health, safety or general welfare of the public.
(6) Notice of the hearing for revocation of a license shall be given in writing, setting forth
specifically the grounds of complaint and the time and place of hearing. Such notice
shall be mailed, postage paid, to the licensee at his last known address at least five
days prior to the date set for hearing.
(Code 1970, ~ 17-11)
Sec. 22-317. Appeals of denials of application or revocations.
Any person aggrieved by the action of the chief of police or the city secretary in the denial
-- of an application for permit or license as provided in this article, or in the decision with
reference to the revocation of a license as provided in this article, shall have the right to appeal
CD22:27
~ 22-317
LA PORTE CODE
to the city council. Such appeal shall be taken by filing with the city council, within 14 days
after notice of the action complained of has been mailed to such person's last known address,
as a written statement setting forth fully the grounds for the appeal. The council shall set a
time and place for hearing on such appeal, and notice of such hearing shall be given to the
appellant in the same manner as provided in section 22-316 for notice of a hearing on
revocation. The decision and order of the council on such appeal shall be final and conclusive,
and shall be considered an exhaustion of the appellant's administrative remedies.
(Code 1970, ~ 17-12)
Sec. 22-318. Expiration.
All licenses issued under .the provisions of this article shall expire on December 31 in the
year when issued.
(Code 1970, ~ 17-13)
Secs. 22-319-22-350. Reserved.
ARTICLE VI. SECONDHAND METALS DEALERS, JUNK DEALERS AND SCRAP
METAL PROCESSORS.
DMSION 1. GENERALLY
Sec. 22-351. DermitioDs.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Junk dealer means anyone who engages in the business of buying, selling,. trading or
o~erwise dealing in new or used scrap materials, including ferrous and nonferrous metal,
brass, waste material, ete.
Minor means any person under. the age of 18 years.
Scrap metal processor means anyone who engages in the business of processing iron and
steel or nonferrous scrap for remelting purposes. .
^,.-.-
Secondhand metal dealer means an auto wrecker, a scrap metal processor or any other
person or organization purchasing, gathering, collecting, soliciting or traveling about from
place to place procuring regulated material; or any person operating, carrying on, conducting
or maintaining a scrap metal yard or other place where scrap metal or castoff regulated
material of any kind is gathered together or kept for shipment, sale or transfer.
.Cross references-Junked motor vehicles, ~ 34-166 et seq.; zoning, ch. 106.
State law reference-Secondhand metal dealers, Vernon's Ann. Civ. St. art. 9009.
CD22:28
ORDINANCE NO. 1356
AN ORDINANCE DEFINING, REGULATING AND LICENSING OF PEDDLERS,
SOLICITORS AND CANVASSORS; PROVIDING THAT ANY PERSON VIOLATING
THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MIS-
DEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT
MORE THAN TWO HUNDRED DOLLARS ($200.00); CONTAINING A REPEALING
CLAUSE; CONTAINING A SEVERABILITY CLAUSE; 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. Definitions.
-
(A) A CANVASSER or Solicitor is defined as any
individual, whether resident of the City of
La porte or not, traveling either by wagon,
automobile, motor truck, foot or any other
type of conveyance, from place to place,
from house to house, or from street to
street, taking or attempting to take orders
for sale of goods, wares and merchandise,
personal property of any nature whatsoever
for future delivery, or for services to be
furnished or performed in the future, whether
or not such individual has, carries, or
exposes for sale a sample of the subject of
such sale or whether he is collecting advance
payments on such sales or not, provided that
such definition shall include any person who,
for himself, or for another person, firm or
corporation, hires, leases, uses or occupies
any building, structure, tent, railroad box
car, boat, hotel room, lodging house, trailer
truck, apartment, shop, or any other place
within the City for the sole purpose of ex-
hibiting samples and taking orders for future
delivery.
(B) CONTRIBUTIONS shall mean and include the
word, alms, food, clothing, money, property,
financial assistance, or other thing of
value. A contribution as defined herein
shall also include a sale or offer to sell
any book, card, magazine, membership, mer-
chandise, subscription, ticket or other thing
in connection with which an appeal is made
for any charitable or religious purpose.
,-
(C) DIRECT SELLER means any individual who, for
him/herself, or a partnership, association,
or corporation, sells goods or services, or
takes sales orders for the later delivery of
goods or services, at any location other than
the permanent business place or residence of
said individual, partnership, association, or
corporation, and shall include, but not be
limited to, peddlers, solicitors, hawkers,
and transient merchants. The sale of goods
includes donations or contributions, whether
direct or indirect, required by the direct
seller for the retention of goods by a donor
or prospective customer.
Ordinance No. 1356
, Page 2.
(D) GOODS shall include personal property of
any kind, and shall include goods provided
incidental to services offered or sold.
(E) PERSON as used herein shall include the
singular and the plural and shall also
mean and include any person, firm or cor-
poration, association, club, co-partnership
or society, or any other organization.
(F) PEDDLER as used herein shall include any
person, whether a resident of the City of
La Porte or not, traveling by foot, wagon,
automotive vehicle, or any other type of
conveyance, from house to house, or from
street to street, carrying, conveying or
transporting goods, wares, merchandise,
meats, fish, vegetables, fruits, garden
truck, farm products or provisions,
offering and exposing the same for sale,
or making sales and delivering articles to
purchasers, or who, without traveling from
place to place, shall sell or offer the same
for sale from a wagon, automotive vehicle,
railroad car, or other vehicle or conveyance,
and further provided that one who solicits
orders and as a separate transaction makes
deliveries to purchasers as a part of a
scheme or design to evade the provisions of
this Ordinance shall be deemed a peddler
subject to the provisions of this Ordinance.
The word "Peddler" shall include the words
"hawker" and "huckster".
(G) RESIDENTIAL PREMISES shall mean a building
or portion of a building used for residential
purposes including the real estate upon which
any such building is located, provided that
the predominant use of the real estate is for
residential purposes.
(H) RELIGIOUS shall not mean and include the word
charitable as herein defined, but shall be
given its commonly accepted definition.
,-
(I) VENDOR is defined as any person, firm or
corporation, whether as owner, agent co-
signee or employee, whether a resident of
the City or not, who engages in a temporary
business of selling and delivering goods,
wares and merchandise within said City, and
who, in furtherance of such purpose, hires,
leases, uses or occupies any building, struc-
ture, motor vehicle, tent, railroad box car,
or boat, public room in hotels, lodging
houses, apartments, shops, or any street,
alley, or other pIce within the City, for
the exhibition and sale of such goods, wares
and merchandise, either privately or at public
auction provided that such definition shall
Ordinance No. 1356
, Page 3.
not be construed to include any person, firm,
or corporation who, while occupying such
temporary location, does not sell from stock,
but exhibits samples only for the purpose of
securing orders for future delivery only.
The person, firm, or corporations so engaged
shall not be relieved from complying with the
provisions of this ordinance merely by reason
of associating temporarily with any local
dealer, trader, merchant or auctioneer, or by
conducting such transient business in con-
nection with, as a part of, or in the name
of any local dealer, trader, merchant or
auctioneer.
--
section 2. Regulation of Direct Sellers.
(A) Generally Prohibited Practices
(1) No person engaged in solicitation shall
misrepresent or make false, deceptive or
misleading statements concerning the
quality, quantity or character of any
goods offered for sale, his/her identity
or the identity of the organization he/
she represents. A charitable organiza-
tion direct seller shall specifically
disclose, upon request, what portion of
the sale price of goods being offered
will actually be used for the charitable
purpose for which the organization is
soliciting. Said portion shall be
expressed as a percentage of the sale
price of the goods.
,"~-.
(2) No direct seller shall impede the free
use of sidewalks and streets by pedes-
trians and vehicles. Where sales are
made from vehicles, all traffic and
parking regulations shall be observed.
(3) No direct seller shall make any loud
noises or use any sound amplifying
devise to attract customers if the noise
produced is capable of being plainly
heard outside a fifty foot (50') radius
of the source.
(4) No direct seller shall allow rubbish
or litter to accumulate in or around
the area in which he/she is conducting
business.
"-
(5) No direct seller shall solicit or con-
duct business with person in motor
vehicles.
Ordinance No. 1356, Page 4.
(6) No direct seller shall solicit or con-
duct his business in such a way as would
restrict or interfere with the ingress
or egress of the abutting property owner
or tenant, or create or become a public
nuisance, increase traffic congestion
or delay, or constitute a hazard to
traffic, life or property, or an ob-
struction to adequate access to fire,
police or sanitation vehicles.
(7) No direct seller other than a person
having a permanent business place shall
solicit without first complying with
the laws of this State and all other
relevant provisions of the Code of
Ordinances of the City of La Porte.
Such other provisions include, but are
not limited to:
,-
(a) Health inspection;
(b) Compliance with building codes;
(c) Fire inspection;
(d) Restrictions on signs;
(e) Restrictions on sale of fireworks;
and
(f) Inspection and testing of weighing;
and measuring devices
(8) No persons shall engage in solicitation
upon any residential premises without a
prior invitation from the occupant there-
of, if such premises is posted against
such solicitation by means of a notice
prominently displayed, upon which is
printed the legend: "NO SOLICITORS"
(or words of similar import). For the
purposes of this paragraph, a dwelling
house or apartment or other place of
residence shall be deemed to be posted
against solicitation if there is ex-
hibited, on or near the main entrance
to the premises or on or near the
main door to any residence located
thereon, a sign at least 3" x 4" in
size which bears the above legend in
letters at least 1/3" in length.
(9) No person shall engage in solicitation
upon any premises or in any dwelling
house, apartment or other residence
after having been asked by the owner
or occupant thereof to leave such
premises or residence.
.,~
(10) There shall be no solicitation upon any
residential premies, other than upon
prior invitation of the occupant of any
such premises, prior to 9:00 A.M. or
after 30 minutes after sunset of any day.
Ordinance No.
1356
, Page 5.
(11) Not more than two individuals shall
engage in solicitation upon any resi-
dential premises at the same time for
the same goods or services, or for
religious or charitable purposes.
Each individual member of a group
engaged in solicitation in violation
of this provision shall be deemed to
have violated such provision.
(12) No person shall make more than one
solicitation call at the same resi-
dential premises for identical goods
or services or for the same religious
or charitable purposes within any
consecutive thirty {3D) day period,
without receiving a prior invitation
therefor from the occupancy of any such
premises. This provision shall be con-
strued to include representatives of
any person more than once during the
aforesaid period without a prior invi-
tation as herein provided.
-
(13) No person engaged in solicitation
shall, at the time of initial contact
with a prospective customer or donor,
fail to display a current license which
shall identify the person and hiS/her
business and the purpose of the so-
licitation.
(14) No person engaged in solicitation shall
misrepresent the purpose of his so-
licitation or use any false, deceptive
or misleading misrepresentation to
induce a sale or misrepresent the true
status or mission of the person.
(B) Disclosure Requirements.
(1) If any sale of goods is made by a
direct seller, or any sales order for
the later delivery of goods is taken by
the seller at a residential premises,
the buyer shall have the right to can-
cel said transaction if it involves the
extension of credit or is a cash trans-
action of more than twenty-five dollars
($25.00), the seller shall give the
buyer two copies of a typed or printed
notice of that fact.
-
(2) If the direct seller takes a sales
order at a residential premises for the
later delivery of goods, he/she shall,
at the time the order is taken, pro-
vide the buyer with a written statement
containing the terms of the agreement,
the amount paid in advance whether
Ordinance No. 1356
, Page 6.
-
full, partial or no advance payment is
made, the name, address and telephone
number of the seller, the delivery or
performance date and whether a guar-
antee or warranty is provided and, if
so, the terms thereof.
Section 3. Nothing herein shall be construed so as to
include any person delivering newspapers, fuel, dairy products
or bakery goods to regular customers on established routes.
Section 4. It shall be the responsibility of each so-
licitor, peddler or canvassor to display or have available, upon
his person, evidence of compliance with any license, inspection,
registration or permit requirement provided for under the laws
and administrative regulations of this State and the provisions
of the Codes of the City of La Porte.
Any police officer or
other authorized official of the City shall have the right to
request evidence of compliance with the above provisions requir-
ing any license, inspection, registration or permit.
Section 5. Application for License. Applicants for license
under this Ordinance, whether a person, firm or corporation
shall file a written sworn application signed by the applicant,
if an individual, by all partners, if a partnership, and by
the president if a corporation, with the City Secretary, showing:
-.
(A) The name or names of the person or persons
having the management or supervision of
applicant's business during the time that
it is proposed that it will be carried on
in the City of La PorteJ the local address
or addresses of such person or persons while
engaged in such businessJ the permanent
address or addresses of such person or
persons, the capacity in which such person
or persons will act (that is whether as
proprietor, agent or otherwise); the name
and address of the person, firm or corpor-
ation for whose account the business will
be carried on, if any; and if a corporation,
under the laws of what state the same is
incorporated.
Ordinance No. 1356
, Page 7.
(B) The fingerprints of the person or persons
having the management or supervision of
applicant's business, as well as the finger-
prints of the person or persons canvassing,
soliciting, or peddling within the City of
La Porte on behalf of the applicant, as
well as three (3) letters of recommendation
from reliable property owners in the County
of Harris.
(C) The place or places, other than the permanent
place of business of the applicant where
applicant within the six (6) months next
preceding the date of said application con-
ducted a transient business, stating the
nature thereof and giving the post office
and street address of any building or office
in which such business was conducted.
(D) The place or places in the City of La Porte
where it is proposed to carryon applicant's
business, and the length of time during which
it is proposed that said business shall be
conducted;
.-
(E) A statement of the nature, character and
quality of the goods, wares or merchandise
to be sold or offered for sale by applicant
in the City of La Porte, the invoice value
and quality of such goods, wares and merchan-
dise, whether the same are proposed to be
sold from stock in possession or from stock
in possession and by sample; at auction, by
direct sale or by direct sale and by taking
orders for future delivery; where the goods
or property proposed to be sold are manufac-
tured or produced and where such goods or
products are located at the time said appli-
cation is filed.
(F) A brief statement of the nature and character
of the advertising done or proposed to be
done in order to attract customers, and, if
required by the City Secretary, copies of all
said advertising whether by handbills, cir-
culars, newspaper advertising, or otherwise,
shall be attached to said application as
exhibits thereto;
(G) Whether or not the person or persons having
the management or supervision of the appli-
cant's business have been convicted of a
crime, misdemeanor or the violation of any
municipal ordinance, the nature of such
offense and the punishment assessed therefor,
as well as whether or not the person or
persons doing the canvassing, peddling, or
solicitation on behalf of the applicant have
Ordinance No. 1356
, Page 8.
been convicted of a crime, misdemeanor or
the violation of any municipal ordinance,
the nature of such offense, and the punish-
ment assessed therefor.
(H) Credentials from the person, firm or cor-
poration for which the applicant proposes
to do business, authorizing the applicant
to act as such representative;
(I) Such other reasonable information as to the
identity or character of the person or
persons having the management or super-
vision of applicant's business or the
method or plan of doing such business as
the City Secretary may deem proper to
fulfill the purpose of this Ordinance in
the protection of the public health, safety
and well being.
Section 6. Investigation and Issuance.
Upon receipt of
such application, the City Secretary shall cause such investi-
gation of such person's or persons' business responsibility
-
or moral character to be made as he deems necessary to the
protection of the public good. If, as a result of such investi-
gation, the applicant's character and business responsibility
are found to be unsatisfactory, the application shall be denied.
If, as a result of the investigation, the character and business
responsibility appear to be satisfactory, the City Secretary
shall so certify in writing, and a license shall be issued by
the City Secretary. The City Secretary shall keep a full record
in his/her office of all licenses issued.
Such license shall
contain the number of the license, the date the same is issued,
the nature of the business authorized to be carried on, the
amount of the license fee paid, the expiration date of said
license, the place where said business may be carried on under
said license, and the name or names of the person or persons
authorized to carryon the same.
,-
, P ag e 9.
Ordinance No. 1356
--
Section 7. Bond. Before any license, as provided by this
ordinance, shall be issued for engaging in a transient or
itinerant business as defined in this ordinance in the City of
La Porte, such applicant shall file with the City Secretary a
bond running to the City of La Porte in the sum of one thousand
dollars ($1,000.00), executed by the applicant, as principal,
and two sureties upon which service of process may be made
in the State of Texas; said bond to be approved by the City
Attorney, conditioned that the said applicant shall comply
fully with all of the provisions of the ordinances of the City
of La Porte and the statutes of the State of Texas, regulating
and concerning the sale of goods, wares and merchandise, and
will pay all judgments rendered against said applicant for any
violation of said ordinances or statutes, or any of them,
together with all judgments and costs that may be recovered
against him by any person or persons for damage growing out
of any misrepresentation or deception practiced on any person
transacting such business with such applicant, whether said
misrepresentations or deceptions were made or practiced by the
owners or by their servants, agents or employees, either at
the time of making the sale or through any advertisement of
any character whatsoever printed or circulated with reference
to the goods, wares and merchandise sold or any part thereof.
Action on the bond may be brought in the name of the City to
the use of the aggrieved person. Such bond must be approved
by the City Attorney, both as to form, and as to the responsi-
bility of the sureties thereon.
Ordinance No. 1356
, Page 10.
Section 8. Fees.
(1) A license fee of Sixty Dollars ($60.00) per
calendar year, or any portion thereof, plus
Two Dollars ($2.00) per badge~ provided,
however, no fee shall be required of
charitable, non-profit and religious
organizations.
(2) No fee shall be required of one selling
products of the farm or orchard actually
producted by the seller.
Section 9. License and Badges. The City Secretary shall
issue to each applicant, upon approval of application, one
license and a badge bearing the words "Licensed Peddler". The
expiration date of the license and the number of the license
should appear on the badge in letters and figures plainly
discernable. Such badge shall be worn constantly by the licensee
-
on front of his/her hat or outer garment in such a way as to
be conspicuous during such time as said licensee is engaged in
peddling, canvassing or soliciting.
Section 10. Duty of Police to Enforce.
It shall be the
duty of any police officer of the City of La Porte to require any
person seen peddling, canvassing, vending or soliciting, and
who is not known by such officer to be duly licensed, to produce
his license and to enforce the provisions of this Ordinance
against any person found to be violating the same.
Section 11. Revocation of License.
Permits and licenses
issued under the provisions of this Ordinance may be revoked by
the Chief of Police of the City of La Porte after notice of
hearing, for any of the following causes:
,-
(A) Fraud, misrepresentation or false statement
contained in the application for license;
Ordinance No.
1356
, Page 11.
(B) Fraud, misrepresentation or false statement
made in the course of carrying on his busi-
ness as a canvasser, solicitor, direct
seller, peddler or vendor;
(C) Any violation of this Ordinance;
(0) Conviction of any crime or misdemeanor in-
volving moral turpitude; or
(E) Conducting the business of peddling, can-
vassing, soliciting, direct selling, or
vending in such a manner as to constitute
a breach of the peace or to constitute a
menace to the health, safety, or general
welfare of the public.
(F) Notice of he hearing for revocation of a
license shall be given in writing, setting
forth specifically the grounds of complaint
and the time and place of hearing. Such
notice shall be mailed, postage paid, to
the licensee at his last known address at
least five (5) days prior to the date set
for hearing.
.....-.
Section 12. Appeal.
Any person aggrieved by the action
of the Chief of Police or the City Secretary in the denial of
an application for permit or license as provided in this Ordi-
nance, or in the decision with reference to the revocation of
a license as provided in this Ordinance, shall have the right
to appeal to the City Council of the City of La Porte.
Such
appeal shall be taken by filing with the City Council, within
fourteen (14) days after notice of the action complained of has
been mailed to such person's last known address, as written
statement setting forth fully the grounds for the appeal. The
Council shall set a time and place for hearing on such appeal
and notice of such hearing shall be given to the appellant in
the same manner as provided in Section 11 of this Ordinance for
notice of hearing on revocation. The decision and order of the
Council on such appeal shall be final and conclusive, and shall
<-
be considered an exhaustion of appellant's administrative reme-
dies.
Ordinance No. 1356
, Page 12.
Section 13. Expiration of License. All licenses issued
under the provisions of this Ordinance shall expire on the
31st day of December in the year when issued.
Section 14. 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 ot 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 15. All
conflict herewith are
conflict only.
ordinances or parts of ordinances in
hereby repealed to the extent of such
Section 16. Any person, as defined in Section 1.07(27},
Texas Penal Code, who shall violate any provision of the
ordinance, shall be deemed guilty of a misdemeanor and upon
conviction shall be punished by a fine not to exceed Two Hundred
Dollars ($200.00).
Section 17. The City Council officially finds, deter-
mines, 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 Ci ty Hall of the Ci ty for the time required by law
preceding this meeting, as required by the Open Meetings Law,
Ordinance No. 1356
, Page 13.
Article 6252-17, Texas Revised Civil Statutes Annotated; and
that this meeting has been open to the public as required by
law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally
acted upon. The City Council further ratifies, approves and
confirms such written notice and the contents and posting
thereof.
Section 18. This Ordinance shall be effective fourteen
(14) days after its passage and approval. The City Secretary
shall give notice of the passage of this ordinance by causing
the caption hereof to be published in the official newspaper
in the City of La Porte at least twice wi thin ten (10) days
after the passage of this ordinance.
~-
PASSED AND APPROVED this the ~~
day of
~n
1983.
CITY OF LA PORTE
By
ATTEST:
~4)
APPROVED:
--
6~d
City Attorney
J