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Home My WebLink About2005-03-19 Minutes of the Special Called and Pre-Budget Meeting of the La Porte City Council MINUTES OF SPECIAL CALLED AND PRE-BUDGET MEETING OF THE LA PORTE CITY COUNCIL March 19, 2005 1. CALL TO ORDER The meeting was called to order by Mayor Alton Porter at 8:37 am. Members of City Council Present: Councilmembers Chuck Engelken, Tommy Moser, Mike Clausen, Mike Mosteit, Louis Rigby and Peter Griffiths Members of Council Absent: Barry Beasley Members of City Executive Staff and City Employees Present: City Manager Debra Feazelle, Assistant City Manager John Joems, , Fire Chief Mike Boaze, Police Chief Richard Reff, Assistant City Secretary Sharon Harris, Public Works Director Steve Gillett, EMS Chief Ray Nolen, Planning and Community Development Director Wayne Sabo, Assistant Finance Director Michael Dolby, Parks and Recreation Director Stephen Barr, Human Resources Manager Sherri Sampson, Golf Course Manager Alex Osmond, and Assistant to City Manager Crystal Scott I tYMhlO- u.l~ tv' .f- .5he4'fAj w.,l "y. 2. Mayor Alton Porter delivered the invocation. 3. Mayor Alton Porter led the Pledge of Allegiance. 4. Council to receive a report from staff to discuss upcoming budget issues and provide staff with direction in compilation of FY05-06 City Budget The following items were discussed: City Manager - Debra Feazelle Long Range Financial Plan - General Fund Explained the General Fund modeling for costs. Received data projection for the next fiscal years. Long Range Financial Plan - Water/Sewer Fund Explained the Water/Sewer Fund modeling for costs. Received data projection for the next fiscal years. Assistant City Manager - Cynthia Alexander Provided an overview on Financial Polices/Updated Matrix City Manager - Debra Feazelle Provided an overview on Reserve for Insurance/City Council Future Projects. Discussed the CIP Bond Issue Referendum - Budget FY 2005-2006 Council Questions & Answers/City Council Direction Special Called Pre-Budget Workshop Meeting - March 19,2005 Page 2 Mayor Porter questioned the status of the Joint Venture Sports Complex and informed the Norman Malone Memorial Mayor's Golf Tournament benefiting The La Porte Education Foundation will be held on April 26, 2005. Councilman Rigby requested the proposal for cemetery proposal and sidewalk replacement be brought back to City Council. Councilman Mosteit requested staff to look at other alternative for the renovation of Lomax City Hall. Councilman Engelken requested communications for cable channel be brought back before Council and questioned how many Crossing Guards and Police Officers are at the schools. Councilman Moser requested Summer Youth Program and Communications for Police be brought back. Councilman Ebow requested Staff to obtain a safety study report from the Airport Advisory Committee; he would also like to see increased play and profit at the Golf Course in La Porte. Councilman Ebow also acknowledged Crystal Scott for work with Youth Advisory Summit and Kerron Clement, from La Porte for breaking the Wodd Record in Track. 5. Administrative Reports City Manager Debra Feazelle reminded Council and Staff the 12th Annual Barbeque Cook-off on Saturday, March 19,2005, the gates open at noon, with a live auction at 7:00 p.m.; LPISD Facilities Task Force Committee Meeting at La Porte High School Lecture Hall on Wednesday, March 23, 2005, at 6:00 p.m.; and Spring Holiday on Friday, March 25, 2005; First Lady Tour on Main Street, Texas Historic Commission on Wednesday, March 30, 2005, at 10:00 a.m.; the La Porte "Neighborhood" 2005 Gala on Thursday, April 14, 2005, at Sylvan Beach Pavilion at 6:00 p.m. 6. Council Comments Councilmembers Griffiths, Ebow, Engelken, Mosteit, Clausen, Rigby, Moser, and Mayor Porter had comments. 7. There was not an executive session. 8. There being no further business to come before Council, the Special Called Pre-Budget Workshop adjourned at 12:25 pm. Respectfully submitted, l:JA~ City Secretary Passed and approved on this 28th day of March 2005 I ~nEP rter c REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: March 28. 2005 Requested By: Sherri Sampson c ~ ADDroDriation Source of Funds: Employee Health Fund Department: Human RellQurcell Account Number: 014-6144-515-6012 Report: X Resolution: Ordinance: Amount Budgeted: $255.., 10fJ.OO Exhibit "A" March 4, Memorandum from The Welch Co ~eted He NO Exhibits: Ordinance Exhibit "R" March 16, Memorandum from the Welch Company Exhibit "C" Current Contract - 2004-2005 "D" StoD Loss ComDarison Worksheet Exhibit SUMMARY & RECOMMENDATION Each year Council is asked to approve the City's Stop Loss medical insurance contract, which is due to renew on April 1 , 2005. This insurance covers payment of all claims for an individual employee or dependent whose medical and prescription charges exceed $115,000.00 (deductible). The proposed contract includes an aggregate amount so that if all claims for all employees and dependents exceed at least $3.7 millionJhe insurance provider will cover 100% of all claims over that amount. On January 20, 2005, Requests for Proposals (RFP's) were mailed to twelve (12) providers of Stop Loss coverage. Three (3) RFP's were received. Standard Security Life msurance Company, the City's current provider, provided the most competitive bid, for similar terms and conditions as the current contract (Exhibit C). Staff Recommendation Staff recommends that Council authorize the City Mana!!er to execute the final policv contract for April!. 2005, throu!!h March 31.2006. Action Required bv Council: Authorize the City Manager to execute the final policy contract for April I, 2005, through March 31, 2006. Approved for City Council Agenda 3/~d/()5 Date The Welch Company March 4, 2005 To: Sherri Davis-Sampson Two Memorial City Plaza 820 Gessner, Suite 1470 Houston, Texas n024 T: 713.827.8755 F: 713.461.5788 www.thewelchco.com From: Neal W. Welch Angela M. Weston Subject: Stop-Loss Renewal and RFP #05501 On January 20,2005, twelve (12) Request for Proposal's (RFP) for Stop-Loss Insurance Coverage where sent out, the City received three (3) proposals back. I have included the attached spreadsheet with the results. The spreadsheet outlines the proposals for this year, as well as the current policy. At this point it would be premature to make a recommendation, we will still need to go back for a best and final offer (SAFO). The following are a few notes about the proposals and the market. The Proposals · Excellent renewal from incumbent vendor. · Next closest competitor was also very competitive with their quote. · Proposal from incumbent Health provider was not as competitive as we had hoped. The Market · Market-wide increase of approximately 18-25% are normal to keep up with medical inflation trend of 15% · Competition - fewer stop-loss insurance companies but greater concentration of risk capital. We will continue to work with the three contenders for the best opportunity for the City. Attachment Employee Benefits Consulting MEMORANDUM The Welch Company March 16, 2005 Two Memorial City Plaza 820 Gessner, Suite 1470 Houston, Texas 77024 T: 713.827.8755 F: 713.461.5788 www.lhewelchco.com To: Sherri Sampson From: Angela M. Weston Subject: Recommendation for Stop loss Coverage - City of laPorte, TX Dear Sherri, Based on the fact that there are large outstanding claims for the City of laPorte, we are recommending that you stay with the current Stop loss carrier American Stop loss. The proposal from American Stop loss was the most competitive one and based on the current claims that are incurring we are very fortunate not to have a large increase. Also given that the rate of Medical Inflation is about 12% we would like to recommend that you stay with the current deductible amount of $115,000. Please let me know if you have any questions regarding the renewal. Thank you, Angela Weston Account Executive The Welch Company Employee Benefits Consulting STANDARD SECURITY LIFE INSlJRANCE COMPANY OF NEW YORK (a New York Sfod[Life aDd Health Innrance Compuy) Home Office: 485 Madison Avenue New York, New York 10022 112-355-4141 POUCYNUMBER: BOSSL-2004-320 POUCYBOLDER: City of La Porte POLICY PERIOD: O41OlJ04 - 03131/05 EFFECTIVE DATE: 04101104 EXl'JRAnON DATE: 03/31/05 ANNIVERSARY DATE: 04101105, and on the same day each year after. PREMlUM DUE DATE: First day of the montll, and on the same day each month.. STATE OF DELIVERY: Texas This Policy is a legal confract. We issue it in consideration of (1) Your Application, (2) Your Disclosure StatP.l11l'Ut, and (3) Your payment of pl'p.minmR when due. This Policy, Your Application, Your Disclosure Statement, and a copy oftbe Plan form the entire agreement between Us. . In issuing this Policy, We have relied upon the infOIJDation (mcluding, without limitation, infoxmation in the Disclosure StatemeJrt, Your Application, and the Plan) provided to Us by: (1) You, (2) Your Administrator, and (3) Your agent or broker. We have also relied on this information being both cmnplete and accurate. If the information was incomplete or incorrect, We shall have the immP.diate right (1) to. modify the Policy to reflect the complete or COD'CCt informatiOD, or (2) to tP.nn1nAte tQe Policy upon written notice. We agree to D:.ake payments in accordance with.the provisions oftbis Policy. In this Policy, "Yonll and "Your" refer to the Policyholder, and "We", "Us", and "QmJ' refer to Standard ~ Life Insunmce Coinpany of New Yorlc. This Policy is issued and governed by the laws of the state of delivery as indicated above. Signed for Standard Secmity Life Jnsor.mce Company of New Yorlc as of the Effective Date. ~? Rachel Lipari President G--r~ David Kettig Secretary EXCESS LOSS INSURANCE POUCY Non-Participating SL-2001 1 (6101) TABLE OF CONTENTS SECTION l-SCBEDllLE OF EXCESS LOSS INSURANCE . SECTION 2-DEFlNITIONS SECTION 3 - AGGREGATE EX~ LOSS INSURANCE SECTION 4-SPECIFIC EXCESS LOSS INSURANCE SECTION 5-EXCLUSJONS AND LlMITATIONS SECTION 6- TERMINATION SECTION 7-PREMIUMS SECTION 8-YOUR DUTIES . SECTION '~ENERAL PROVISIONS SL-2001 2 3 5 8 9 10 12 13 14 15 (6101) SECTION I-SCHEDULE OF EXCESS WSS INSURANCE (hereinafter referred to as the "Schedule") POUCYHOLDER.: City of La Porte ADDRESS: 604 West FairmODt Pal"kway LaPorte, TX 77571 ADMINISTRATOR.: Tens M1IDiclpal League IEBP ADDRESS: 1821 Rndaerford Lane, S1dte 300 ADstiD, TX 78754 AIL AMOUNTS AND NUMBERS SHOWN IN TIllS SCHEDULE APPLY ONLY TO THE POllCY PERIOD JNEFFECl'. ANEW Sr.mmULE WllLBB ISSUED FOR EACHNEWPOUCY PERIOD. A. X AGGREGATE EXCESS LOSS INSURANCE: 1. BENEFITS COVERED: x... Medical Dental x.. Prescription DJUg Card 2. POLICYBASlSIBENEFIT PERIOD: _ Week:1yJncome Vision Eligible Expenses IncDrrcd frOm _10/01/03_ through 03/31105; and Eligible Expenses Paid ftom 04101104 through _ 0313lJOS If this Policv terminsdeA prior to the Ex,pimtion Date. no. A22reeate Excess Loss Ben.e:6.1s will be paV8ble and premimn paid will not be refundable. . 3. JNII'IAL AGGREGATE A'ITACBMENT POINT: $3.426.277.00 4. MINlMUM AGGREGATE A1TACBMENT POINT: $3.426.277.00 s. BENEFIT PERCENTAGE PAYABLE ~ ACCORDANCE WITH SECrION 3: 100% . . ~. MAXIMUM AGGREGATE BENEFIT (WHILE COVERED, AND WHILE THIS POLICY IS IN FORCE): . $1.000..000 7. AGGREGATE MONmLYFACTOR(S): Single: S313A2 Family: S940.25 Composite: . Covered UnitslenroDmcnt: Single: _143~Family:_256_ Composite: _399_ . SL-2001 3 (6101) 8. AGGREGA'l'E MONTHLY PREMIUM (PER EMPLOYEE): $4.81 9. AGGREGA'l'E LOSS LIMIT: $115.000 10. PAYMENT MODE: .....ODthly_ B. X SPECMCIJNDIVIDUAL EXCESS LOSS INSURANCE: 1. BENEFITS COVERED: Medical, RX 2. POLICYBASISlBENEFIT PERIOD: BligJ.Dle Expenses Jncmred ftom. 10/01/03 through 03/31105 ; and. _ Elig1~le Expenses Paid from 04/0V04 through 03/31/05 , Iftbis Policv terminAtes prior to the ~ Date. the Benefit Period will not extend past the date of t~inAtion. In addition. the deductt"ble per Covered Person will auolv as if the ~olicy were in force for the entire Policy Year. 3. . DEDUCTIBLE PER COVERED PERSON: S115.000 4. BENEJITl' PERCENTAGE PAYABLE IN EXCESS OF THE SPECIFIC DEDUCTIBLE: 100% 5. MAXIMUM SPECIFIC BENEFIT PAYABLE MINUS THE SPECIFIC DEDUCTIBLE (PER. LIFETIME PER COVERED PERSON), WHILE THIS POLICY IS IN FORCE: 5885.000 6. SPECIFIC MONTHLY PREMIUM RATE: Single: S17.22 Family: $40.99 Composite: Covered UnitBlenroUment: Single: _143_ Family: _256_ Composite: _399_ X OPTIONAL-RIDERS ELECI'ED: SL-2001-AFA-RDR- #1, SL-2001-RDR.:' #2 - . X - WAIVER OF ACTIVELY AT WORK ELECTED: 81.-2001 4 (6101) SECTION 2-DEFINl110NS ADMINISTRATOR means an mganization which has been :retained by You and approved by Us to. provide claim and adminiStrative services for Yon. AGGREGATE MONTHLY FACTOR means the amount applicable to each Covered Person as shown in the Schedule. . ANNUAL AGGREGATE ATIACIIMENT POINT which is deff'l7)1;ned at the end of the Policy Year and is an amount equal to the product of the Aggregate Monthly Factor times the number of Covered Units for each applicable mo~ during the Policy Year. The Annual Aggregate Attacbment Point is ~ in the ScbedWe and is descnDed in Section 3. This amount is that portion of the Eligible Expenses not covered by this Policy and entirely retained by Yon for the total Number of Covered Units in each Policy Y car. APPLICATION means the application for excess. ~ insurance submitted by Yon to Us in connection with the isswmce oftbis Policy. BENEFIT PERCENTAGE .PAYABLE meaDS the fi1ctor that determines tbeamount of the Maximum Benefit payable to Yon as shown in the Schedule. . Separate benefit percentages may apply to either the Aggregate Excess Loss orto the Specific Excess Loss. . BENEFIT PERIOD means the period of 1ime, as shown in the Schedule, during which a covered expense must be ~ and/or Paid to be eligible for reimbursement under tbis Policy. COVERED MONTH is det~;ne.d :from the Effective Date. Each new Covered Month will begin on the date which corresponds with.the Effective Date. If there is no such date in any applicable month, then the last date of that month will be used. COVERED PERSON means an eligible employee or eligible dependent(s) . COVERED UNIT includes an elig1"b1e employee, c1igible employees and their depCDd~ or such other dP.tinM individuals as specifically agreed upon between Yon ~ US. DJSCLOSURE STATEMENf means the disclosure s1at~e:nt submitted by You to Us in connection with .. .1heissuanceof~PoJicy. ELlc:rRT ."R EXPENSES means the reasonable and cOstomarY charges cowred by the Plan and incmred by a Covered Person while insmcd under the Plan foJ; medically necessary treatmmt, services and/or supplies prescribed by an atteJWing phYsician. ..EF.FECTJVE DATE means tlie date the coverage begins as stated in the Schedule. EXPERIMENTAL or INVESTIGATIVE means care, procedures, ~ent~ or technology that BIC not widely recognized and accepte4 as ~ safe and appropriate fur the iDjury or illness by the medical profession in the U.S., that are jn research or Investigative stage, or coIJdocted for research or similar - putpQSCS; or for which the patient has been asked to give, or has signed, a release or other document, jndjNlfiTlg that the treatment is Experimental or Investigative or other similar term. .In detenn;mng any of the crlteri8 stated above We will rely on recognized medical ~ such as. butnot limited to the American Medical AssociatioP, the Council of Technology Assistance Piogram ~ the SL-2001. 5 (6101) Council on Medical Special Services, the National Institute of Health, Medicare, the Food and Drug Adminis1ration; and other accepted medical authorities and SOUIOeS. lNCURRED means the date on which an Elig1bl~ Expense was rendered to a Covered Person. lNn'IAL AGGREGATE A'lTACHMENT POINT means the annual aggregate attachment point as calculated on 1he E:lIecti.ve Date based upon the number of Covered Units at that time mul1iplied by the correspOnding attanlnnent factors and multiplied by twelve. LATE ENROlLEE means any individual who makCs a written application for coverage under the Plan more than a specified number of days (as indicated in the Plan) after first becoming eligible for cqverage under the Plan. LOSS OR LOSSES mean amoUDts Paid, in accordance with the Policy BasislBenefit Period shown on the Schedule, by You or the Administrator on Your behalf for benefits under the Plan, in sett1fl1.lJ.eDt of claims fur benefits undet'the Plan; or in satisf8ction of jlldgJTlents for benefits under the Plan. LOSS OR LOSSES, HOWEVER, DOES NOT INCLUDE: 1. any payment which does not strictly comply with the provisions oftbe Plan; or 2 any payment for which. there is any other iDsumncc, reinsurance or plan established pmsuant to federal, state or local law or any other iOMmnity against Loss which would, except for the existence of this Policy, inderunjfy the InsIm:d; or ~. extra-contractua1 damages of any nature, compensatory damages, exemplarY and punitive damages or liabilities of any kind whatsoever, including but not limited to those resulting from. negligence, intentional wrongs, ~ bad mith or strict liability on the part ofY ou, Your AdministJ'ator or Your agent or broker; or 4. salari.cs paid to Your employees as well as Your claim and a":minim:mive expenses; or ~. litigation COE and expCnses. . MAXIMUM AGGREGATE BENEFIT means the amount stated in the Schedule. MAXIMUM SPECIFIC BENEFIT means the amount stated in the Schedule. MINlMUM AGGREGATE A1TACBMENT POINT means an amount equal to 95% of the product. of the Ini1ial Enrollment of the fiIsrCovered Month of the Policy mUltiplied by the oorresponding Aggregate . Monthly Factor multiplied by twelve. MON'PILY AGGREGATE ATTACHMENT POINT means an amount equal to the product of the total Number of Covc:red Units per Covered Month of a Policy Year multiplied by the cOITeSpOnding Aggregate Monthly Factor. . NUMBER OF COVERED UNITS means the totaI Covered Units existing in anyone CovelW Month and . will be detl'll'mmoo on a montbly basis in accordance with the de.6nil:ion ofCovcrcd Units; and the eligibility requirements of the PIan. . SL-2001 6 (6101) 'PAID (Payment) means that a claim has been adjudicated by the Administrator and the funds are actua1ly disbursed by the Plan prior to the end of the Benefit Period. Payment of a claim. must be unoonditional and directly made to a Covered Person or their health care provider(s). Payment will be deemed made on the date that both yau or your AdminisIIato.r directly tenders payment by mailing (or by other fOllD. of delivery) a draft or cbeck; and the account upon which the payment is drawn contains, and continues to contain, sufficient funds to permit the check or draft to be honored by the institution upon which it is dmwn. PLAN :meaDS the emp10ycc benefit plan You provide Your eligt"ble cm.ployees and their eligible depP.nr'l~. as defined in 'Ibis Policy, which bas been received and accepted by Us. Plan does not include life insurance, a.ccidental death and c.:IisrDembem1ent insurance, long and short-tenn disability insurance coverages, or fully insured major medical insurance coverages. POLICY YEAR. means the specified period oftime during which the coverage provided under this Policy is in effect, as stated in the Scbednle. SPECIFIC DEDUCl1BLE AMOUNT means the amount shown in the Schedule. SL-2001 7 (6101) SECTION 3 - AGGREGATE EXCESS LOSS INSURANCE If at the end of a Policy Year, Losses exceed the Annual Aggregate Attacl1mern Point or the Minimum " .Aggregate Attachment Point shown in the Schedule, We will pay Yon an amount equal to: 1. the amOunt by which Losses Paid during the Policy Yes exceed the applicable Annual Aggregate AUa~1nnent Point or the M"m;mum Attachment Point, whichever is ereater. multiplied by. 2. the Benefit Percentage Payable and shown in the Schedule, subject to 3. the Maximum. Aggregate Benefit as shown in the Schedule. Payment of Policy benefits is: 1. subject to all terms, conditions, limitations and" exclusions in this Policy, and 2. contingent upon Our receipt of satisfaetory proof of Loss (including, without limitation, an on-site audit), and Your request for reimbnrsemen.t. Losses Paid under this Section 3 during any Policy Year will be detennined according to the Policy BasislBenefit Period, and will BQ! include any amount paid or payable by Us to You for the applicable Policy Year for Specific Excess Loss Insurance according to the terms in Section 4 of this Policy. If this Policv tenninJItfN prior to the E.JqJimtion Date as shown in the Schedule no ~_ Excess Loss Benefits will be navab1e. SL-2001 8 (6101) \. \. -SECTION 4-SPECIFIC EXCESS LOSS INSURANCE If during the Policy Year, or any :fraction of a Policy Year. Losses fur any Covered Person exceed-the Specific Deducb"le Amount shown in the applicable Schedule, We will pay a benefit- for such Covered Pmooinanmoount~ro: - 1. the amount by which Losses Paid during the Policy Year exceed the Specific Deductible Amount as shown in the Schedule nm1tiplied by: - 2. the Benefit Percentage Payabl~ subject to 3. the Maximum Specific Benefit as shown in the Schedule. Payment of Policy benefits is: 1. subject to all terms. conditions,1imitations and exclusions in the Policy and 1he Plan, and 2. contingent upon our receipt of satis:fuctOIy proof of Loss and Your request for reimbursement, and 3. determined, for any Covered Person during the Policy Year, a~rding to the Policy Basis/Benefit Period. Payment will not include any amounts paid or payable by Us to You fur Aggregate Excess Loss Insurance according to the tcnns in Section 3 of this Policy. If 1Jris PolicY tr.rmma~ mOl' ro the Expiration Date. the Benefit Period will not extend past the date of - termination. In addition. the dedactible per Covered Person will mmly as if the PolicY were in force fur the entire Policv Year. SL-2001 9 (6101) SECDON 5-EXCLUSIONS AND LIMITATIONS Our liability llndf'r this Policy will not be increased if the Plan nrovides more liberal cxclusi~ SInd Hmitations provisions. . In addition to the exclusions and limitations provided under the Plan, this Policy will not cover any of the following (unless such exclusion or limitation is specificaDy waived by rider or endorsement): 1. Deductibles, co-payment amounts, or any other charges which are not payable under the terms of the Plan or charges which are payable by the Plan, ~ to You :from. any other source. 2. Charges for Experimental or Investigative services, treatments or supplieS; or drugs which have not been approved by the Food and Drog Admini!:ltration. 3. Any conditions for which benefits of any kind are paid or payable, by judgment or settlement, 1U1der any Workers Compensation or Occupational Law, even if the Covered Person:fiills to claim his or her rights to such benefits. 4. Claims for a Covered Person who, on the date that .coverage 1Dlder this Policy would otherwise begin, is an employee who is not actively at work at his or her normaljob or is a retired employee or dependent of an employee who is unable to perfmm the normal activities of a person of like age or sex. No benefits will be provided for any charges Incurred until the day after the date that such Covered Person if an employee returns to active work on a full-time basis or if a retired employee or eligible dependent of an employee is able to perform the nonn8l activities of a person oflike age and sex. . 5. Charges resoIting :from any extra or non-contractua1 damages or legal fees and expenses for thC defense thereof: or any fines or statutory penalties. 6. Any procedure or treatment to change pbysica1' cbamcteristics to those of the opposite sex, or any otbm- treafmeJrt or studies rc1atcd to a sex ch8nge or 1:rP.atment of sexual disorders. 7. Any services furnished by an institution which is primarily a rest home, a place. for the aged. a nursing home, a Convalescent home, a place for custodial care, or any other place of like character. 8. Services or expenses for charges Incurred as a result of suicide or attempted suicide, whether sane or insane; or;ntentional self-inflicted injury or illness. 9. Injury or illness which occurs due to a Covered Person's commission of: or attempt to commit a criminal act or while a Covered Person is engaged in an illegal activity. 10. Legal expenses of any kind or description, including legal expenses :related to or l'nctmed for the confinf':l'l1P.l1t of a Covered Person or any compulsory process to adopt, abstain from, or cease to continue a particolar mode oftrea1mcot. care or therapy. 11. Services done for cosmetic pmposes" mlless ped'OIDled to otmecI: functional disorders or congenital anomalies; or due to accidental iJ:Vury occmring while that iIidividual is a Covered Person. SL-2001 10 (6101) 12. Expenses for hearing aids. 13. Treatment for obesity and/or eating disorders. 14. Expenses for artificial insemination. invitro fertilization. gamete or zygote intrafallopian transfer. or reversal of voluntary sterilization. 15. Transplants of non-hUJl18l1, mechanical or artificial organs or tissue. 16. Expenses arising out ot: caused by, contributed to or in consequence of war, declared. or undeclared, civil war. hostilities, or invasion. 17. Expenses for any COBRA continuee or retiree whose continuation of coverage was not offered in a timely manner or according to COBRA regulations. 18. Expenses incurred as a resUlt of any lost savings or discounts offered by a facility or provider due to untimely payment of the bill by You or Your ArlministTator. 19. Expenses for which benefits are not payable under the Plan because of an exclusion for expenses incurred dUe to a pre-existing condition as defined in the Plan. SL-1001 11 (6101) SECl'ION 6- TERMJNATION This Policy and all Policy benefits will terminate upon the earliest of 1. on any premium due date, if the premium due on that date is not paid in full by the end of the Grace Period; 2. the premium due date following Our receipt of Your written notice to cancel or terminate this Policy; 3. on any premium due date We specify if We give You at least thirty-one days advance written notice to cancel or tenninate this Policy; 4. the end of the Policy Year as shown in the Schedule; 5. the date often:nination ofth.e Plan or the Policy; 6. the date that You suspend active business operations or become insolvent or a bankruptcy action is commenced (whether volummy or involuntary) or You are in liquidation or receivership; 7. the date that You do not pay claims or make funds available to pay claims as required by the Plan; or 8. the date on which Your employees are covered under another employee benefit plan or fully insured. medical program. In addition, this Policy shall antoJnanca1ly tenninate upon the cancellation of the agreem.e.nt between You and the Administrator, unless We have, prior to such cancellation, agreed in. writing to Your designation of a successor Administrntor. SL-2001 12 (6101) . SECTION 7-PREMIUMS PAYMENT OF PREMIUMS No coverage under this Policy shall be in effect until the first premium for the Policy is paid. For coverage to remain in effect, each. subsequent premium must be paid on or before its due date. You are responsible for paying premiumS when they become due. Premium due dates are determined :from the Effective Date. Each premium due date is the same day of each month corresponding with the Effective Date. If there is no such date in any applicable month, the last day of that month shall be used. GRACE PERIOD We will allow a tbirty..,.()ne day Grace Period for the payment of each premium due after the payment of the first premium. During this Grace Period, this coverage shall remain in effect. If any premium is not paid within this thirty-one day period, coverage under this Policy will automatically terminate without further notice. Such termination will be effective as of the premium due date immediately following the end oftbe last period for which the minimum monthly premium has been paid. PREMIUM RATE CHANGE We have the right to modify Aggregate Monthly Factor(s) or Specific Monthly Premium Rates on any of the following dates: 1. the effective date of any change in benefits or other amendment to the Plan; or 2. the date that You acquire or dispose of any subsidiary, affiliated company, corporate division or assets relating thereto; or 3. any Anniversary Date as shown on the cover page of this Policy; or 4. any premium due date, when there is a ten percent or more change in the number of Covered Persons during a Policy Period; or 5. at such .time as We determine that the last two months of claims in the preceding Policy Period vary by more than ten. percent from the average monthly paid claims for the prior ten months. SL-2001 13 (6/01). SECTION 8.,yOUR DUTIES You shall be responsible for the investigating, auditing,. calculating, and paying of all claims, and the defense of any legal action instituted against You. . You shall maintain and make available to Us, at all times, suchinfor:mation and records as We may reasonably require evidencing Your proof of payment of amounts which qualify for coverage under this Policy. . You shall maintain a record of any and all amounts paid in excess of payments required by the Plan. You shall prepare and submit to Us the following: 1. a monthly report of the total claims paid during the month, 2.a monthly report of the total number of Covered Units under the Plan during the month, 3. any other report as required by Us, and 4. any notice of claim as required under this Policy. You shall maintain records reasonably required by Us and shall furnish to Us upon Our request, all pertinent data with respect to Covered Persons. Yon shall immediately notifY us if You acquire or dispose of any subsidiary, a:ffiliated company, corporate division or assets relating thereto. You shall immediately notify Us of the date that You suspend active business operations or become insolvent or a bBnkmptcy action is commenced. (wbether voluntary or invohmtaIy) or You are in liquidation or receivership. You shall immediately notify Us if the Plan is amended or terminated. If You do not give Us notice of amendment of the Pl~ Our liability is limited to the lesser of the benefits payable: a) lIDder the Plan as revised; or b) as if the Plan had not been. amended. You may retain an Administrator as Your agent to perform .any or all of the duties listed in this Section. We are not liable under this Policy for any charges or expenses that may be incurred by Yon and/or Your Administrator for the performance of these duties. You and the Plan acknowledge that: . 1. The Administrator is not Our agent. 2. Payments by or notices from Us to th<:, Administrator are deemed received by You upon receipt by the Administrator. Payments from You to the Administrator are not deemed received by Us. We act only as a provider of excess loss insurance coverage to the Plan. We do not act as a fiduciary. We do not assume any duty to perform any of the functions or provide any of the reports required by the Employee Retirement Income Security Act of 1974 (ERISA), as amended. 3. We must approve a change in Administrator prior to its occurrence. SL-2001 14 (6/01) SECTION 9-GENERAL PROVISIONS. ENTIRE CONTRACT This Policy, Your Application, Your Disclosure Statement and a copy of the Plan constitute the entire contract between the parties. . No change in the Plan. made after the Effective Date, shall have any effect on benefits payable under this Policy, unless a copy of such change has been submitted to and approved in writing by one of Our officers or Our authorized representative. This Policy does not create any right or legal relationship whatsoever between Us and a Covered Person or beneficiaries under the Plan. We shall not have any responsibility or obligation under this Policy to directly reimburse any Covered Pers~ or provider of professional or medical services for any benefits which are provided under the terms of the Plan. Our only liability under this Policy is to You. Only one of Our officers may change this Policy. No change shall be valid unless the change is agreed to by Our President, Vice President or Secretary in writing. OTHER INSURANCE The insurance coverage provided by this Policy shall be excess over any other valid group health, excess insurance. or group ind.emni.ty coverage unless such other coverage is specifically issued to be in excess of the insurance provided by this Policy. NOTICE For the purpose of any notice required under this Policy, notice to the Administrator is notice to You, and conversely. notice to You is notice to the Administrator. EXAMINATION OF RECORDS Your books and reoords. and the books and records of all of Your agents and representatives pertaining to the Plan and/or insurance provided by this Policy shall be available to Us and Our representatives during Y our regular business hours for inspection and audit. AMENDMENTS TO THE PLAN Amendments to the Plan are not covered under this Policy unless We have approved the proposed change in writing; and You have agreed to pay any additional premimn or to accept a higher Aggregate Monthly Factor(s) as a result of the Plan change. CLERICAL ERROR Clerical error will not invalidate insurance otherwise in effect nor continue insurance validly tenninated. A clerical error does not include :intentional acts or the failure to comply with the Plan or this Policy. If an error is discovered, an equitable adjustment :in premium will be made. Jf a premium and/or factor(s) adjustment involves the return ofuneamed premium. the amount of the return will be limited to the p!emium for the twelve month period which precedes the date that We receive proof that such an adjustment should be made. SL-2001 15 (6/01) CONFORMITY wrrH STATE STATurES If any provision oftms Policy or its Effective Date conflicts with any applicable law, the provision will be deemed to conform with the minimum requirements of such law. ASSIGNMENT Your interest under tins Policy is not assignable and any attempt to assign Your interest shall be null and void. NON-PARTICIPATING You are not entitled to share in Our surplus earnings. NOTICE OF POTENTIAL CLAIM You shall give Us a written notice of any potential claim within thirty days of the date You become aware of the existence of facts which would reasonably suggest 1he possibility that expenses covered under the Plan will be Incurred for which benefits may be payable under this Policy, and is equivalent to or exceeds fifty percent of the Specific Deductible Amount. This notice shall include: 1. name of the Covered Person; 2. date of accident or onset of sickness; 3. nature of injury or sickness; and 4. estimated total cost of claim. Your failure to furnish written notice of a potential claim within thirty days shall not invalidate or reduce the claim if it was not reasonably possible to give such notice within such time; provided that written notice is furnished to Us as soon as reasonably possible. CLAIMS We shall have the sole authority to payor deny claims which exceed any Aggregate Attachment Point or Specific Deductible Amount. Claims shall be administered by Us or Our authorized representative. Claims must be submitted within thirty days after You have paid Eligible Expenses on behalf of any Covered Person. We are not obligated to reimburse a claim submitted after such period. However, We .will reimburse such claim in the event You show that timely submission was not possible, and You made the submission as soon as possible. In no event will We reimburse claims submitted more than one year after proof of the claim was otherwise due. All benefits will be paid to You as they become payable undertbis Policy. Any objection. notice of legal action. or complaint, which is received on a claim. processed by You or Your Administrator and on which it reasonably appears that benefits will be payable under this Policy, shall be brought to Our immediate attention. SL-2001 16 (6101) [CASH LOSS LIMIT When a claim has been submitted to Us which is in compliance with all other terms and conditions of this Policy and. provided that You have Paid to the providers of services or supplies to which the claim. relates all amounts equal to the Specific Deductible Amoun~ You may request in writing and We will consider advancing to You the remaining eligible unpaid balance of the claim.] LEGAL ACTION No legal action to recover any benefits may be brought until sixty days after the date that written claim for benefits has been. given to Us. No legal action may be brought more than three years after the Incurred date of the Loss for which benefits are claimed. RENEWAL At the end of a Policy Year, a subsequent Policy Year may be agreed to by You and Us. The Schedule in Section 1 will be amended to show the coverage and terms in effect during each subsequent Policy Year. SUBROGATION You shall pursue any and all valid claims against third parties arising out of any occurrence resulting in a Loss payment under the Plan in accordance with applicable law. You shall account for any amounts recovered. Should You firil to pursue any valid claims against third parties for good cause and We then become liable to make paymentto You under the terms and conditions of the Policy, then We shall be subrogated to all of Your rights to the proceeds of a third party settlement or satisfied judgment; but only to the extent that said settlement or judgment specifically allocates a portion thereof to Eligt.'ble Expenses Incurred by a Covered Person prior to the date of settlement or judgment You shall take such action, furnish such information and assistance, and execute such papers as We may require to facilitate enforcement of Our rights, and shall take no action prejudicing Our rights and interests under this Policy. Any amounts that We recover shall be used to pay Our expenses of collection; and reimbursement for any amount that We may have paid or become liable to pay. to You under the terms of this Policy. All reU1sinine amounts shall be paid to You. MEDICARE This Policy does not provide benefits for any Loss for which payment has been made or would have been made, if application has been made or eligibility maintained, under Part A or Part B of Medicare on behalf of a Covered Person. However, if a Covered Person is eligible for Medicare but has a right to be enrolled under the Plan, such exclusion shall not apply. REINSTATEMENT We may agree at Our sole option and without prejudice to bur rights under this Policy to reinstate coverage as of the effective date of cancellation, on receipt and approval of written application for reinstatement and any and all other material and/or information as We may request, including but not limited to all outstanding premiuins plus interest due from the effective date of reinstatement at a rate of not less than 1.5% per month compounded monthly. No insurance shall be reinstated until We confirm such reinstatement to You in writing and any premiums have been paid. SL-2001 17 (6101) LIABlLITY AND INDEMNIFICATION Except as specifically provided in any rider or endorsement, attached to and forming part of the Policy, We have no obligation to any third party. Our liability under this Policy is limited to reimbursing You for payments You make on behalf of Covered Persons for expenses covered under the Plan. You hold Us harmless for damages, of any kind, which are not caused by Our own acts or omissions. Weare not responsible for any liability You assume under any contract of agreement other than the Plan. SL-2001 18 . (6/01) The City of LaPorte, Texas Stop Loss Worksheet 2005 (Best and Final Offer) Covera e Basis 16112 18112 16112 16112 18112 24112 24112 24112 24112 1219 Benefits Covered MedicaVrx MedicallRx MedlcaVRx Med 1 Rx Med 1 Rx Med 1 Rx M~IRx M~IRx M~IRx Med 1 Rx Covera e Amount $1000000 $1 000000 $1000000 $1 000000 $1 000000 $1 000000 $1 000000 $1 000000 $1 000000 $1 000000 Deductible $115000 $115000 $120000 $125000 $130000 $115000 $115000 $120 000 $115000 Sin .'e. Rate $19.13 $20.52 $18.38 $17.39 $20.73 $23.31 $22.28 $18.91 Covera e Basis 16112 18/12 18112 18112 18112 24112 24112 24112 24112 1219 Benefits Covered Med 1 Rx Med 1 Rx Med 1 Rx Med 1 Rx Med 1 Rx Med 1 Rx Med 1 Rx MedlRx MedlRx Med 1 Rx Covera e Amount $1 000 000 $1 000 000 $1 000 000 $1 000000 $1 000000 $1 000 000 $1 000000 $1 000000 $1 000000 $1 000000 $5.34 $5.34 $5.34 $5.36 $5.37 $5.47 $5.24 $5.27 $5.29 $4.18 Sin Ie Factor $313.42 $369.82 $370.45 $371.32 $371.80 381.43 $382.68 $383.60 $384.60 NIA Famll Factor $940.25 $1 017.00 $1018.73 $1021.13 $1 048.94 $1 003.51 $1 005.91 $1 008.57 NJA A r ate Attach. Point $3411233 $3742193 $3748561 $3757 387 $3859713 $3 722 827 $3731 739 $3741583 $3723114 Total Estimated Premium $197,390 $218,332 $209,853 $198,257 $191,814 $220,931 $243,938 $235,227 $225,461 $219,916 ~ Single Family Composite Both Plans Combined 142 255 397 The Welch Company o REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: March 28. 2005 R<quested By: W"l'r-~!? Department: City C01lAdl Appropriation Source of Funds: General CIP Fund 015 Account Number: 015-9892-709-11.00 Report: Resolution: Ordinance: x Amount Budgeted: $50,000.00 Exhibit 1: Ordinance Amonnt Requested: $45;5]000 Exhibit 2: Bid Tabulation Budgeted Item: YES NO Exhibit 3: Bidders List Exhibit 4: List of Sidewalk Locations Exhibit 5: Map of Sidewalk Locations Exhibit 6: Copy of Contract with E. L. Harris ill Construction Inc. SUMMARY & RECOMMENDATION As part of the FY 2004-2005 Budget for Capital Improvement Projects, City Council approved $50,000.00 for the Sidewalk Replacement Program. The 2005 La Porte Sidewalk Improvement Project consists of the removal of existing sidewalks and replacement being with sidewalks or wheelchair ramps. Survey, design and engineering were performed on this project utilizing City of La Porte personnel. On March 14, 2005, the City received competitive bids from 3 qualified contractors (see attached Bid Tabulation). E.L. Harris III Construction Inc. ofFulshear, Texas submitted the low base bid in the amount of $43,342.65. The contract will be substantially complete within 120 working days once the "Notice to Proceed" is issued. Staff has reviewed the bids submitted and determined the low bid from E.L. Harris III Construction Inc. ofFulshear, Texas. is within the budgeted amount E. L. Harris III Construction Inc. is well qualified to perform the work. Staff recommends that the City Council authorize the City Manager to execute a contract with E. L. Harris III Construction Inc. in the amount of$45,510.00 which is the base bid plus a 5% contingency. A public hearing is not required. Action Required by Council: Consider approving an ordinance authorizing the City Manager to execute a contract with E.L. Harris III Construction Inc. in the amount of$45, 510 which includes a 5% contingency. Approved for City Council A2enda 3~ cJ:2 -05 Date EXHIBIT 1 ORDINANCE NO. 2005- ~ f 1'1 AN ORDINANCE APPROVING AND AUTHORIZING A. CONTRACT BETWEEN THE CITY OF LA PORTE AND E.L. HARRIS III CONSTRUCTION, INC. FOR CONSTRUCTION OF THE 2005 SIDEWALK REPLACEMENT PROJECT; APPROPRIATING $45,510.00 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 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 $45,510.00 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 su bject 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. 2005- J<61 ~ 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 MARCH 28, 2005 By: CITY OF LA PORTE .~C\('~ Alton Porter, Mayor ATTEST: ~~ Marth illett, City Secretary EXHIBIT 2 CITY OF LA PORTE 2005 SIDEWALK IMPROVEMENT PROJECT CLP PROJECT 2005-4501 BID OPENING: MARCH 14, 2005 BID TABULATION ICONTRACTOR NAME , BID BOND IDAYS TO COMPLETE I BASE BID IBASE BID PLUS ALTERNATES I BROOKS CONCRETE, INC. ATTACHED 120 $ 52,549.50 $ 55,124.50 E.L. HARRIS III CONSTRUCTION, INC ATTACHED 120 $ 43,342.65 $ 47,592.65 IDEAL CONSTRUCTION SERVICES ATTACHED 120 $ 56,431.74 $ 62,519.24 CITY OF LA PORTE 2005 SIDEWALK IMPROVEMENT PROJECT CLP PROJECT 2005-4501 BID OPENING: MARCH 14, 2005 BID TABULATION E.L. HARRIS III CONSTRUCTION BROOKS CONCRETE STATEWIDE TREE SERVICE INC. INC. NO. I ITEM UNIT QUANTITY UNIT AMOUNT I TOTAL PRICE UNIT AMOUNT I TOTAL PRICE UNIT AMOUNT I TOTAL PRICE voncrete sidewalk placement: four inches thick, 1 poured with 3000 psi concrete (min). Complete in SY 755 $ 29.25 $ 22,083.75 $ 38.50 $ 29,067.50 $ 27.81 $ 20,996.55 place Removal and disposal of eXisting concrete sidewalk. 2 Excavated sidewalk to become property of SY 849 $ 1.10 $ 933.90 $ 18.00 $ 15,282.00 $ 27.81 $ 23,610.69 Contractor to be disposed of in a legal manner. 3 Concrete Type "A" wheel chair ramps. In EA 16 $ 1,250.00 $ 20,000.00 $ 450.00 $ 7,200.00 $ 597.00 $ 9,552.00 accordance with details and completion place. 4 Adjustment of existing valve boxes. Complete in EA 3 $ 75.00 $ 225.00 $ 200.00 $ 600.00 $ 500.00 $ 1,500.00 place. 5 Adjustment of existing manholes and manhole EA 1 $ 100.00 $ 100.00 $ 400.00 $ 400.00 $ 772.50 $ 772.50 covers. Complete in place. TOTAL BASE BID $ 43,242.65 $ 52,149.50 $ 55,659.24 SUPPLEMENTAL BID ITEMS S-1 Extra bank sand (ordered by City). Complete in CY 25 $ 50.00 $ 1,250.00 $ 21.00 $ 525.00 $ 65.00 $ 1,625.00 place. S-2 Strip sodding as directed by City and in accordance SY 50 $ 10.00 $ 500.00 $ 6.00 $ 300.00 $ 4.25 $ 212.50 with Specification 00112. Complete in place. S-3 Extra cement stabilized sand (ordered by City). . CY 50 $ 50.00 $ 2,500.00 $ 35.00 $ 1,750.00 $ 85.00 $ 4,250.00 Complete in place. TOTAL OF SUPPLEMENTAL $ 4,250.00 $ 2,575.00 $ 6,087.50 TOTAL BID (CALCULATED) $ 47,492.65 $ 54,724.50 $ 61,746.74 TOTAL BID (SUBMITTED) $ 47,592.65 $ 55,124.50 $ 62,519.24 EXHIBIT 3 CITY OF LA PORTE 2005 LA PORTE CITY-WIDE SIDEWALK IMPROVEMENT PROJECT CLP PROJECT #2005-4501 Advertising The Bayshore Sun - February 27,2005 and March 6, 2005 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 HC Services P.O. Box 655 Fulshear, TX 77441 Phone: 281-346-0648 Fax: 281-346-0658 Statewide Tree Service 3508 PM 528 Friendswood, TX 77546 Phone: 281-482-5978 Fax: 281-540-5103 ITB Services, Inc 9026 Lambright Houston, TX 77075 Phone: 713-5393458 Fax: 713-941-9660 EXHIBIT 4 2005 Citv Wide Sidewalk Proiect GLEN MEADOWS LOCATION IMPROVEMENT L.F. PLACEMENT 4918 Glen Park sidewalk (no MH Adj.) 5.5 Subtotals Removal Placement 5.5 LF 5.5 LF BROOKGLEN/COLLEGEVIEW LOCATION IMPROVEMENT L.F. PLACEMENT 8510 Collings dale sidewalk (thru drwy) 22.1 3227 Somerton sidewalk (to bridge/saw cut) 51. 7 placement 16.5 removal Subtotals Removal Placement 38.6 LF 73.8 LF FAIRMONT PARK EAST LOCATION IMPROVEMENT L.F. PLACEMENT 10926 Graywood sidewalk 12.0 10931-10929 Graywood sidewalk 4.0 10938 Dogwood sidewalk 24.8 10901 Dogwood sidewalk 11.8 10900 Dogwood sidewalk (on Fleetwood) 5.1 10841 Dogwood sidewalk 4.5 A-8 10839 Dogwood sidewalk 16.2 10840 Dogwood sidewalk 9.7 10817 Dogwood sidewalk 9.8 10819 Linwood sidewalk 3.6 10823 Linwood sidewalk 3.9 10825 Linwood sidewalk 4.2 10832 Linwood sidewalk 3.0 10839 Linwood sidewalk 5.0 10844 Linwood sidewalk 16.2 10911-10913 Idlewood sidewalk 16.8 10913 Idlewood sidewalk 3.8 10921 Idlewood sidewalk 10.6 10849 Idlewood sidewalk 7.5 10847 Idlewood sidewalk 6.0 10848 Idlewood sidewalk 7.7 10844 Idlewood sidewalk 5.0 10839 Idlewood sidewalk 4.0 10835 Idlewood sidewalk 7.1 10835-10833 Idlewood sidewalk (not thru driveway) 5.4 10827 Idlewood sidewalk 5.1 10832 Idlewood sidewalk 8.5 10830 Idlewood sidewalk (thru ~ of driveway) 16.3 10825 Idlewood sidewalk 4.4 A-9 10832-10830 Mulberry sidewalk 25.5 10836 Mulberry sidewalk 6.4 10850 Mulberry sidewalk (s-cut) 26.2 10912 Mulberry sidewalk 5.2 10914-10916 Mulberry sidewalk 25.8 10918 Mulberry sidewalk 8.0 10824-10822 Collingswood sidewalk 18.7 10812-10810 Collingswood sidewalk 48.5 10806-10804 Collingswood sidewalk 5.6 10900 Collingswood sidewalk (tie to WCR) 31.3 10902 Collingswood sidewalk 4.9 10927 Collingswood sidewalk 8.3 10933 Collingswood sidewalk 7.0 10941 Collingswood sidewalk 22.8 10942 Collingswood sidewalk 13.2 10942 Collingswood sidewalk (on Driftwood) 7.1 10925-10927 Birch sidewalk 8.2 10826 Birch sidewalk 20.4 10818 Birch sidewalk 7.1 10818 Mesquite sidewalk 8.1 10912 Mesquite sidewalk 8.9 10930 Mesquite sidewalk 7.0 3803 Cottonwood sidewalk 4.2 A-10 3813 Cottonwood sidewalk 9.2 3854 Redbud West sidewalk 6.3 3843 Redbud West sidewalk (s-cut) 4.0 3810-3808 Redbud East sidewalk 13.0 Subtotal Removal Placement WCR "B" 602.9 LF 602.9 LF lEA FA~ONTPARKCENTRAL LOCATION IMPROVEMENT L.F. PLACEMENT 10322 Old Orchard sidewalk 6.4 10255 Old Orchard sidewalk (s-cut) 4.0 10226 Old Orchard sidewalk (s-cuts(2) 8.0 10302 Antrim WCR"B" & SIW (s-cut) 58.8 removal 40.3 placement 10443 Antrim sidewalk 13.7 10455 Antrim sidewalk (s-cut) 4.0 10434 Carlow sidewalk 5.6 10203-10215 Winding Trail sidewalk 73.0 10302 Winding Trail sidewalk 19.8 10302 Winding Trail WCR"B" & SIW (s-cuts(2) 31.0 removal 8.0 placement 10303 Winding Trail sidewalk (s-cut) 8.9 10319-10323 Winding Trail sidewalk 14.0 10327 Winding Trail sidewalk (s-cut) 4.0 A-11 10339-10343 Winding Trail sidewalk 87.0 10458 Winding Trail sidewalk (on Old Hickory) 10.5 10406-10404 Belfast sidewalk 28.2 10408-10412 Belfast sidewalk 84.2 10428 Belfast WCR"B" & SIW 14.9 removal 8.0 placement 10430 Belfast WCR"B" & SIW 19.8 removal 12.8 placement 10439 Belfast WCR"B" 21.1 removal 3214 Oaken sidewalk (s-cut) 4.0 3214 Oaken WCR"B"(2)&SIW&MH Adj.(fix curb) 24.4 removal 14.8 placement 3105 Old Hickory sidewalk (s-cut) 4.0 3109 Old Hickory sidewalk (s-cut) 4.0 3113 Old Hickory sidewalk (s-cut) 4.0 10442 Catlett sidewalk (s-cut) 14.7 10439 Catlett sidewalk (on Oaken) 20.0 10450 Shell Rock sidewalk (thru Driveway) 27.5 Subtotals Removal 619.5 LF Placement 533.4 LF WCR "B" 6EA MH ADJ. lEA A-12 FAIRMONT PARK WEST LOCATION IMPROVEMENT L.F. PLACEMENT 10022 Antrim WCR"B" 22.9 removal 1 0014 Antrim WCR"B" 13.6 removal 9918 Catlett sidewalk (resident to replace drwy) 108.6 10007 Catlett WCR"B" 13.6 removal 9902 Belfast WCR"B" 13.5 removal 1 0 1 07 Hil1ridge sidewalk 6.0 10102-10038 Quiet Hill sidewalk 27.9 10026-10022 Quiet Hill sidewalk 39.4 10113 Barmont sidewalk 45.2 10107 Oakmont WCR"B" 19.2 removal 9822 Rustic Gate sidewalk (s-cutldrwy) 18.9 9810 Rustic Gate sidewalk (s-cut) 4.0 9746 Oakmont sidewalk (on Cedarmont) 4.0 9802 Barmont WCR"B" & S/W 33.2 removal 18.2 placement 9803 Barmont WCR"B" & S/W & GV Adj. (2) 42.4 removal 24.1 placement 9731 Barmont sidewalk 4.9 9727 Charmont sidewalk 4.0 9735 Charmont sidewalk 4.0 10035 Rustic Gate sidewalk (s-cut) 4.0 A-13 10003 Rustic Gate sidewalk (s-cut) 4.0 10002 Rustic Gate WCR"B" & S/W 16.6 removal 7.3 placement 9831 Shell Rock sidewalk 10.0 10002-10006 Shell Rock sidewalk 13.0 10131 Shell Rock sidewalk (s-cut) 4.0 10135 Shell Rock WCR"B" & S/W & GV Adj. 35.1 removal 17.7 placement 10130 Shell Rock WCR"B" & S/W 31.6 removal 13.2 placement 3635-3703 Roseberry sidewalk 13.3 10130 Shell Rock sidewalk (on Roseberry) 41.4 9927 Rockyhollow sidewalk (s-cut) 4.0 10002 Doverhill sidewalk (s-cut) 4.0 10014-10018 Doverhill sidewalk (s-cut) 4.0 10011 Clairmont sidewalk (s-cut) 4.0 9731 Clairmont sidewalk (s-cut) 5.0 3827 Rosemont sidewalk (s-cut) 4.0 10123 Park sidewalk 5.7 10119 Roseberry sidewalk 5.5 10114 Roseberry sidewalk (s-cut) 4.0 3918 Willmont sidewalk (s-cut) 4.0 Subtotals Removal 642.5 LF Placement 481.3 LF W.C.R. "B" IOEA G. ~ Adj. lEA A-14 EXHIBIT 5 E~IlIBlrr 6 STANDARD FORM OF AGREEMENT CLP Project No. 2005-4501 THIS AGREEMENT, made this 28th day of March 2005, by and between the CITY OF LA PORTE, hereinafter called "Owner", acting herein through its CITY MANAGER and E.L. Harris III Construction Inc. (Name of Contracting Firm) Strike out inapplicable terms: (a corporation) (a partnership) or (an indivtdual) doing business as: E.L. Harris'" Construction Inc. of Fulshear, County of Fort Bend, 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: 2005 LA PORTE SIDEWALK IMPROVEMENT PROJECT CLP PROJECT NO. 2005-4501 hereinafter called the project, for the Total Price of Forty-Five Thousand Five Hundred Ten Dollars ($45,510.00) 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 knowledge, 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. SF-1 ----------~ SPECIFICATIONS AND CONTRACT DOCUMENTS FOR CONSTRUCTION OF 2005 LA PORTE SIDEWALK IMPROVEMENT PROJECT CITY OF LA PORTE, TEXAS HARRIS COUNTY, TEXAS -.....""", :-'~f:. OF '1".\\, ;' "'~.....".""~f:" " "... 1( .....,I.S\ t.. i1!*i' \.1- '.: \ l f...,..........;..,.~....... .\ .. ~ l HARRY BRIAN WALKER"l l-...t.............,... ".-.~. .............: o..~ ~-o\ 53225 icct l1b"'~ ~.o ~" ..~;..ttC!/ST~fCo;~... ~ .. Ns: ........ ...fd ., "..f9NAL ~ _-- ._~~~ V~S March 2005 CLP Project No. 2005-4501 SPECIFICATIONS AND CONTRACT DOCUMENTS FOR CONSTRUCTION OF 2005 LA PORTE SIDEWALK IMPROVEMENT PROJECT FOR CITY OF LA PORTE, TEXAS IN HARRIS COUNTY, TEXAS TABLE OF CONTENTS Paae No. BIDDING REQUIREMENTS I nvitation 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 ......... .......... ............... .......................... ....... ............................. 01 01 0-1 Submittals ... .................................... ..................................................................... 01300-1 Shop Drawings, Products Data and Samples .....................................................01340-1 Testing Laboratory Services ................................................................................ 01410-1 Field Project Representatives Services ..............................................................01420-1 Temporary F acUities 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 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 Concrete Pavement............................................. . .. ... .., . . . . . . ... ., . . . . '" .. . . .00360-1 Utility Backfill Materials...... ... ... .,. ... ... ... ... .., ... ... ... ... ... ... ...... ...... ... ... .......02229-1 INVITATLPN 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 March 14, 2005 and then publicly opened and read for furnishing all supervision, knowledge, labor, material and equipment and performing all work required for the construction of: 2005 LA PORTE CITY-WIDE SIDEWALK IMPROVEMENT PROJECT CLP PROJECT No. 2005-4501 The major portion of the project consists of removing and replacing of approximately 755 square yards of concrete sidewalk and the removal and replacement of 16 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. 579- A, B, C, No. 539 X, and No. 578 C and D. 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 or certified check 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 Bond(s) 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. Bid bonds will not be accepted. 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 March 7, 2005. 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. 2005-4501 2005 La Porte Sidewalk Improvement Project . Project consists of the removal of approximately 849 square yards of standard four foot wide existing sidewalks and replacement with approximately 755 sqaure yards of new four inch thick sidewalk. The project also consists of 16 wheelchair ramps which are to be constructed as part of the base bid. Sidewalks and wheelchair ramps shall meet the minimum criteria as established by the American Disabilities Act. Included in the project is the vertical adjustment of 3 water valve boxes and one manhole cover as part of 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. 2005-4501 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 West 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 check or a certified check of the bidder, in the amount of five percent (5%) of the bid. Such checks will be returned to all except the three (3) lowest bidders within three (3) days after the opening of bids, and the remaining checks 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. Bid bonds will not be accepted. 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, Altn: Planning Department, 604 West Fairmont Parkway, La Porte, Texas 77571" 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 (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. A-5 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. SAFETY STANDARDS AND ACCIDENT PREVENTION A-6 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 2005 City Wide Sidewalk Proiect GLEN MEADOWS LOCATION IMPROVEMENT L.F. PLACEMENT 4918 Glen Park sidewalk (no MH Adj.) 5.5 Subtotals Removal Placement 5.5 LF 5.5 LF BROOKGLEN/COLLEGEVIEW LOCATION IMPROVEMENT L.F. PLACEMENT 8510 Collingsdale sidewalk (thru drwy) 22.1 3227 Somerton sidewalk (to bridge/saw cut) 51.7 placement 16.5 removal Subtotals Removal Placement 38.6 LF 73.8 LF FAIRMONT PARK EAST LOCATION IMPROVEMENT L.F. PLACEMENT 10926 Graywood sidewalk 12.0 10931-10929 Graywood sidewalk 4.0 10938 Dogwood sidewalk 24.8 10901 Dogwood sidewalk 11.8 10900 Dogwood sidewalk (on Fleetwood) 5.1 10841 Dogwood sidewalk 4.5 A-a 10839 Dogwood sidewalk 16.2 10840 Dogwood sidewalk 9.7 10817 Dogwood sidewalk 9.8 10819 Linwood sidewalk 3.6 10823 Linwood sidewalk 3.9 10825 Linwood sidewalk 4.2 10832 Linwood sidewalk 3.0 10839 Linwood sidewalk 5.0 10844 Linwood sidewalk 16.2 10911-109131d1ewood sidewalk 16.8 10913 Id1ewood sidewalk 3.8 10921 Idlewood sidewalk 10.6 10849 Idlewood sidewalk 7.5 10847 Idlewood sidewalk 6.0 10848 Id1ewood sidewalk 7.7 10844 Idlewood sidewalk 5.0 108391dlewood sidewalk 4.0 10835 Id1ewood sidewalk 7.1 10835-108331d1ewood sidewalk (not thru driveway) 5.4 10827 Idlewood sidewalk 5.1 10832 Idlewood sidewalk 8.5 10830 Idlewood sidewalk (thru ~ of driveway) 16.3 10825 Id1ewood sidewalk 4.4 A-9 10832-10830 Mulberry sidewalk 25.5 10836 Mulberry sidewalk 6.4 10850 Mulberry sidewalk (s-cut) 26.2 10912 Mulberry sidewalk 5.2 10914-10916 Mulberry sidewalk 25.8 10918 Mulberry sidewalk 8.0 10824-10822 Collingswood sidewalk 18.7 10812-10810 Collingswood sidewalk 48.5 10806-10804 Collingswood sidewalk 5.6 10900 Collingswood sidewalk (tie to WCR) 31.3 10902 Collingswood sidewalk 4.9 10927 Collingswood sidewalk 8.3 10933 Collingswood sidewalk 7.0 10941 Collingswood sidewalk 22.8 10942 Collingswood sidewalk 13.2 10942 Collingswood sidewalk (on Driftwood) 7.1 10925-10927 Birch sidewalk 8.2 10826 Birch sidewalk 20.4 10818 Birch sidewalk 7.1 10818 Mesquite sidewalk 8.1 10912 Mesquite sidewalk 8.9 10930 Mesquite sidewalk 7.0 3803 Cottonwood sidewalk 4.2 A-10 3813 Cottonwood sidewalk 9.2 3854 Redbud West sidewalk 6.3 3843 Redbud West sidewalk (s-cut) 4.0 3810-3808 Redbud East sidewalk 13.0 Subtotal Removal Placement WCR "B" 602.9 LF 602.9 LF lEA FAIRMONT PARK CENTRAL LOCATION IMPROVEMENT L.F. PLACEMENT 10322 Old Orchard sidewalk 6.4 10255 Old Orchard sidewalk (s-cut) 4.0 10226 Old Orchard sidewalk (s-cuts(2) 8.0 10302 Antrim WCR"B" & 81W (s-cut) 58.8 removal 40.3 placement 10443 Antrim sidewalk 13.7 10455 Antrim sidewalk (s-cut) 4.0 10434 Carlow sidewalk 5.6 10203-10215 Winding Trail sidewalk 73.0 10302 Winding Trail sidewalk 19.8 10302 Winding Trail WCR"B" & 81W (s-cuts(2) 31.0 removal 8.0 placement 10303 Winding Trail sidewalk (s-cut) 8.9 10319-10323 Winding Trail sidewalk 14.0 10327 Winding Trail sidewalk (s-cut) 4.0 A-11 10339-10343 Winding Trail sidewalk 87.0 10458 Winding Trail sidewalk (on Old Hickory) 10.5 10406-10404 Belfast sidewalk 28.2 10408-10412 Belfast sidewalk 84.2 10428 Belfast WCR"B" & S/W 14.9 removal 8.0 placement 10430 Belfast WCR"B" & S/W 19.8 removal 12.8 placement 10439 Belfast WCR"B" 21.1 removal 3214 Oaken sidewalk (s-cut) 4.0 3214 Oaken WCR"B"(2)&S/W&MH Adj.(fix curb) 24.4 removal 14.8 placement 3105 Old Hickory sidewalk (s-cut) 4.0 3109 Old Hickory sidewalk (s-cut) 4.0 3113 Old Hickory sidewalk (s-cut) 4.0 10442 Catlett sidewalk (s-cut) 14.7 10439 Catlett sidewalk (on Oaken) 20.0 10450 Shell Rock sidewalk (thru Driveway) 27.5 Subtotals Removal 619.5 LF Placement 533.4 LF WCR "B" 6EA MH ADJ. lEA A-12 FAIRMONT PARK WEST LOCATION IMPROVEMENT L.F. PLACEMENT 10022 Antrim WCR"B" 22.9 removal 1 00 14 Antrim WCR"B" 13.6 removal 9918 Catlett sidewalk (resident to replace drwy) 108.6 10007 Catlett WCR"B" 13.6 removal 9902 Belfast WCR"B" 13.5 removal 1 0 1 07 Hillridge sidewalk 6.0 10102-10038 Quiet Hill sidewalk 27.9 10026-10022 Quiet Hill sidewalk 39.4 10113 Barmont sidewalk 45.2 10107 Oakmont WCR"B" 19.2 removal 9822 Rustic Gate sidewalk (s-cut/drwy) 18.9 9810 Rustic Gate sidewalk (s-cut) 4.0 9746 Oakmont sidewalk (on Cedarmont) 4.0 9802 Barmont WCR"B" & SIW 33.2 removal 18.2 placement 9803 Barmont WCR"B" & SIW & GV Adj. (2) 42.4 removal 24.1 placement 9731 Barmont sidewalk 4.9 9727 Charmont sidewalk 4.0 9735 Charmont sidewalk 4.0 10035 Rustic Gate sidewalk (s-cut) 4.0 A-13 10003 Rustic Gate sidewalk (s-cut) 4.0 10002 Rustic Gate WCR"B" & SIW 16.6 removal 7.3 placement 9831 Shell Rock sidewalk 10.0 10002-10006 Shell Rock sidewalk 13.0 10 131 Shell Rock sidewalk (s-cut) 4.0 10135 Shell Rock WCR"B" & SIW & GV Adj. 35.1 removal 17.7 placement 10130 Shell Rock WCR"B" & S/W 31.6 removal 13.2 placement 3635-3703 Roseberry sidewalk 13.3 10130 Shell Rock sidewalk (on Roseberry) 41.4 9927 Rockyhollow sidewalk (s-cut) 4.0 10002 Doverhill sidewalk (s-cut) 4.0 10014-10018 Doverhill sidewalk (s-cut) 4.0 10011 Clairmont sidewalk (s-cut) 4.0 9731 Clairmont sidewalk (s-cut) 5.0 3827 Rosemont sidewalk (s-cut) 4.0 10 123 Park sidewalk 5.7 10119 Roseberry sidewalk 5.5 10114 Roseberry sidewalk (s-cut) 4.0 3918 Willmont sidewalk (s-cut) 4.0 Subtotals Removal 642.5 LF Placement 481.3 LF W. C.R. "B" 10EA G. JI: Adj. 3EA A-14 BASE BID PROPOSAL BASE PROPOSAL: Bidder agrees to perform all of the work shown on the plans and further described in the specifications for the sum of Fortv three thousand three hundred forty two dollars and sixty five cents($43.342.65). (Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words will govern.) 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 schedules 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. The bid security attached in sum of Two Thousand One Hundred Sixty Seven Dollars and Thirteen cents ($2.167.13) is to become the property of the Owner in the event the contract and bond are not executed within the time above set forth, as liquidated damages for the delay and additional expense to the Owner cause thereby. By: ..........- E.L. Harris, III Vice President P.O. Box 655 Fulshear, Texas 77441 281-346-0648 STATEMENT OF MATERIALS AND OTHER CHARGES MATERIALS INCORPORATED INTO THE PROJECT: $19,037.06 $28,555.59 $ 47,592.65 ALL OTHER CHARGES: TOTAL: This total must agree with the total "Total Amount Bid" figure shown on the bid sheet. For purposed 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 of such material to the Contractor. ( ~ )~~~j . BID FORM 2005 La Porte Sidewalk Improvement Project CLP Project No. 2005-4501 Date: March 14.2005 Bid of E.L. Harris III Construction, Inc. (hereinafter called "Bidder") a corporation organized and existing under laws of the State of Texas for Construction of the 2005 La Porte Sidewalk Improvement Project, 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 Specification 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 knowledge, labor, superintendence, machinery, equipment, tools, mC!lterials, 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 Specification, 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 ~ ~..._..'_'_'_~_~'__'_____~__~ "..._.... _r _.__~. .. ..__.__,_...... .... .~__. - _ .___________ ___ - ._ --_.__._.____.__._._.' --. .. --'-_. ,_,,_',___,__'___".' ____._________._ ..__.._~. .... _. ,.__.___... __~ __ n__. ._m.._' _. _,~.__. Item No. Description of Item with Unit Bid Price in Written Words Approx. Unit Quantity Unit Price Total Amount 1 Concrete sidewalk placement: four inches thick, poured with 3000 psi concrete (min). Complete in place. "@ Twenty Nine Dollars and twenty five cents SY 755 $29.25 $22,083.75 Per Square Yard 2 Removal and disposal of existing concrete sidewalk. Excavated sidewalk to become property of Contractor to be disposed of in a legal manner. "@ One Dollars and ten cents Per Square Yard SY 849 $1.10 $933.90 Item Description of Item with Unit Bid Price Approx. Unit Total No. in Written Words Unit Quantity Price Amount 3 Concrete Type "B" wheelchair ramps. In accordance with details and complete in place. "@ One Thousand Two Hundred Fifty Dollars and no cents EA 16 $1,250.00 $20,000.00 Per Each 4 Adjustment of existing valve boxes. Complete in place. "@ Seventy Five Dollars and no cents EA 3 $75.00 $225.00 Per Each 5 Adjustment of existing manholes and manhole covers. Complete in place. "@ One Hundred Dollars and no cents EA 1 $100.00 $100.00 Per Each SUPPLEMENTAL BID ITEMS S-1 Extra bank sand (ordered by City). Complete in place "@ Fifty Dollars and no cents CY 25 $50.00 $1,250.00 PER CUBIC YARD S-2 Strip Sodding as directed by City and in accordance with Specification 00112. Complete in place. "@ Ten Dollars and no cents SY 50 $10.00 $500.00 Per Square Yard S03 Extra cement stabilized sand (orderedy by City). Complete in place. "@ Fifty Dollars and no cents CY 50 $50.00 $2,500.00 Per Cubic Yard Item No. Description of Item with Unit Bid Price in Written Words Approx. Unit Quantity Unit Price Total Amount TOTAL BASE BID TOTAL OF SUPPLEMENTALS TOTAL BASE BID PLUS SUPPLEMENTAL $43,342.65 $4,250.00 $47,592.65 I'W__~'~""'''~$''"'~'''''''.~.''''W'''''''''''""'~'-r-- 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 r~ject any and all bids. BP-6 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 the proposal have been carefully checked and are submitted as Correct and Final. Date: March 14. 2005 E.L. Harris III Construction. Inc. By //2~ c-~;7 ____/ . ,/-----~ E.t: Hams, III Vice President P.O. Box 655 Fulshear. Texas 77441 \\ \ \ . ~~0t~Vfr Witnes \ ... 281-346-0648 SEAL (if Bidder is a Corporation) Acknowledge receipt of Addenda Below: Addendum No. Date Received: CITY OF LA PORTE CERTIFICATION BY BIDDER The undersigned bidder hereby certifies it has been furnished a copy 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 requirement 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 the rejections or disqualification of bid. ~The undersigned hereby certifies that it is in compliance with Ordinance 98-2217. _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. Business Name: E.L. Harris III Construction. Inc. Address: P.O. Box 655 Fulshear, Texas 77441 Printed Names: 4--d---- ( 'E. _l. ~\\<l'\."~lP\ 1m=- Authorized Signature: STANDARD FORM OF AGREEMENT CLP Project No. 2005-4501 THIS AGREEMENT, made this 28th day of March 2005, by and between the CITY OF LA PORTE, hereinafter called "Owner", acting herein through its CITY MANAGER and E.L. Harris 11/ Construction Inc. (Name of Contracting Firm) Strike out inapplicable terms: (a corporation) (a p~rtnership) or (an individual) doing business as: E.L. Harris 11/ Construction Inc. of Fulshear, County of Fort Bend, 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: 2005 LA PORTE SIDEWALK IMPROVEMENT PROJECT CLP PROJECT NO. 2005-4501 hereinafter called the project, for the Total Price of Forty-Five Thousand Five Hundred Ten Dollars ($45,510.00) 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 knowledge, 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 indude 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. SF-1 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. The CONTRACTOR further agrees to pay, as liquidated damages, the sum of $500 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 I a Porte Name of Owner SEAL A I Allest: _ WJzw/JJxa~ B~~&.ad Debra Feazelle Martha Gillett By: Title: City Manager Title: City Secretary SEAL t..l- ~(l\ s'TIr ~ ,,~d-\ 011\-t-nc... A Name ing Firm Ignature of Authorized Person ~',~~ps.~~e~ Title of Authorized Person ~.Q .00)( b&"51 ~~ls~Q().r ,Tx 114~1 Address and Zip Code ' sz~~ ~l~ W~n - By: SF-2 PERFORMANCE BOND CLP Project No. 2005-4501 STATE OF TEXAS s Bond #4347107 COUNTY OF HARRIS 9 KNOW ALL MEN BY iHESE PRESENTS: That E.L. Harris III Construction, Inc. of the City of Fulshear County of Fort Bend ,and State of Texas , as principal, and SureTec Insurance Co. 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 Five Hundred Ten and nO/l00 dollars ($ 45,510.00 ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 28th day of March , 2005, 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." ~urety, for value received, st\?u\ates and agree~ that no change extension of tIme, alteration or addition to the terms of the Contract, or to the w~rk performed there~nder, or the pla~s, s~eci~cations,. or drawings accompanying the same, shallm any way affect Its ob~lgatlon 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 14th day of April , 2005 E.L. Harris III Construction, Inc. SureTec Insurance ComDanv Principal Surety By: ?~BY: ---!I:,-~~ ~G-S' ~~ Title: CIl- 11(2~ Title: C.A. McClure, Attorney in Fact Address: 7531 FM 359 Address: 952 Echo Lane, Ste. 450 Fulshear, TX 77441 Houston, TX 77024 The name and address of the Resident Agent of Surety is: C.A. McClure - Southern American Insurance Agency, Inc. 8203 Willow Place South, Ste. 500, Houston, TX 77070 PP-2 PAYMENT BOND CLP Project No. 2005-4501 STATE OF TEXAS Bond #4347107 ~ COUNTY OF HARRIS ~ KNOW ALL MEN BY THESE PRESENTS: That E.L. Harris III Construction, Inc. of the City of Flushear County of Fort Bend , and State of Texas . as principal, and SureTec Insurance Company 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 Forty Five Thousand Five Hundred Ten and no/l00 dollars ($ 45,510.00 ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS. the Principal has entered into a certain written contract with the Owner, dated the 28th day of March ,2005, 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 CONO\T\ON OF TH\S OBUGAT\ON \S 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 there~nder, 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 14th day of April r 2005. E.L. Harris III Construction, Inc. Principal SureTec Insurance COmDany Surety By: ~~BY; -11~ Loot,... f>r.c. ~~~~ Title: ~. 4, /l7ecA- Title: C.A. McClure, Attorney in Fact Address: 7531 FM 359 Fulshear, TX 77441 Address: 952 Echo Lane, Ste. 450 Houston, TX 77024 The name and address of the Resident Agent of Surety is: C.A. McClure - Southern American Insurance Agency, Inc. 8203 Willow Place South, Ste. 500, Houston, TX 77070 PP-4 . (~) SureTec POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint C. A. McClure, KeUy J. Brooks, Kenneth L. Meyer, William C. Kassab, Sheila Fink, Kimberly Gimbel of Houston, Texas its true and lawful Attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars ($5,000,000) and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint anyone or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20th of April, 1999.) In Witness Whereof, SURETEC INSURANCE CaMP ANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 11th day of June, A.D. 2002. Corporate Seal SURETEC INSURANCE COMPANY By J7(l ~r.: Preside.tt State of Texas County of Harris ss: On this II th day of June A.D. 2002 before me personally came John Knox, Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE CaMP ANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. ~ . DONNAU..8AAEz n2 U. ~ -'-'_tl__ Notary Seal .,eo..IoIIoa....... onna~anez~ Notary 'c .lUNI 11,100I My commission expires June 11, 2006 I, Michael P. Whisenant, Vice President and Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. In Michael P. Whisenant, Vice President, Assistant Secretary Corporate Seal SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099 You may also write to the Surety at: SureTec Insurance Company 5000 Plaza on the Lake, Suite 290 Austin, TX 78746 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 FaX#: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. -------------------------------------.._------------~....---------._----------------------------- Important Notice Regarding Terrorism Risk Insurance Act of 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (the "Act"), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: SureTec Insurance Company, U. S. Specialty Insurance Company, and any other company that is added to SureTec Insurance Company for which surety business is underwritten by SureTec Insurance Company ("Issuing Sureties"). The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 1 02( 1) of the Act is Zero Dollars ($0.00). The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. The actual coverage provided by your bond for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, exclusions, penalties, limits, other provisions of your bond and the underlying contract any endorsements to the bond and generally applicable rules of law. This Important Notice Regarding Terrorism Insurance Risk Act of 2002 is for informational purposes only and does not create coverage nor become a part or condition of the attached document. --------------------------------------------------------------------------------------...-----..---------- Exclusion of Liability for Mold, Mycotoxins, and Fungi The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergins, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor the remediation thereof, nor the consequences of their occurrence, existence, or appearance. Rev. 07.15.04 'ACORQM CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) 04/14/2005 PRODUCER (281)890-9294 FAX (281)890-2229 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Southern American Insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 8203 Willow Place South ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 500 Houston, TX 77070 INSURERS AFFORDING COVERAGE NAIC# INSURED E. L. Harrl sIll Construction Company, Inc. dba INSURER A: Bituminous Casualty Corp 0003 H&HCurb dba HC Services and MGL Investment INSURER B: Lexington Insurance P. O. Box 655 INSURER C Fulshear, TX 77441 INSURER D: Fax: 281-346-0658 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING - ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~~: I~R9;i TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE Pg~!fJ EXPIRATION LIMITS - GENERAL LIABILITY CLP3207599 03/12/2005 03/12/2006 EACH OCCURRENCE $ 1,000,000 rx- COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 100,000 I CLAIMS MADE [!] OCCUR MED EXP (Anyone person) $ 5,000 A PERSONAL & ADV INJURY $ 1,000,000 - GENERAL AGGREGATE 2,000,000 $ - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS. COMP/OP AGG $ 2,000,000 I .nPRO. n POLICY JECT LOC - AUTOMOBILE LIABILITY CAP3207600 03/12/2005 03/12/2006 COMBINED SINGLE LIMIT X $ ANY AUTO (Ea accident) 1,000,000 - ALL OWNED AUTOS BODILY INJURY - (Per person) $ SCHEDULED AUTOS .,- A - HIRED AUTOS BODILY INJURY - (Per accident) $ NON-OWNED AUTOS - r-- PROPERTY DAMAGE $ - (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ R ANY AUTO OTHER THAN EA ACC $ - AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ o OCCUR D CLAIMS MADE AGGREGATE $ - $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I WC STATU. I IOJ~- I TORYLlMITS I - EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E:L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E:L DISEASE. EA EMPLOYEE $ If yes, describe under SPECIAL PROVISIONS below E:L DISEASE. POLICY LIMIT $ - ~~THER. . EPIC5356460 07/09/2004 07/09/2005 $500,000 anyone person B ccupatlon Accldent $5,000,0000 anyone occurence Deductible $1,000 ~ESCRIPTION OF OPE~TIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDpRSEMENT / SPECIAL PROVISIONS - e: CLP ProJect No. 2005-4501 - 2005 LaPorte Sldewalk Improvement Project )ee attached addendum - ertificate subject Policy Terms, Conditions, Limitations and Exclusions to CERTIFICATE HOLDER CANCELLATION - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL City of LaPorte, Texas ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Planning Department BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY - 604 West Fairmont Parkway OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. LaPorte, TX77571 AUTHORIZED REPRESENTATIVE e. a. 111(;e~ Southern American Ins. Agcy./CQD - ACORD 25 (2001/08) @ACORDCORPORATION 1988 City of laPorte, Texas Certificate issued to City of laPorte, Texas 04/14/2005 Southern American Insurance Agency, Inc. 04/14/2005 Certificate holder, Owner, Engineer, Engineer's Consultants and any other individuals or entities identified in the Supplementary Conditions and the officers, directors, partners, employees, agents and other consultants and subcontractors of each and any of them each of whom is deemed to have an insurable interest shall be listed as an additional insured under General Liability, and Auto Liability and a waiver of subrogation is granted for General Liability and Auto Liability in accordance with written contracts. IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). .- DISCLAIMER - The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. - - - - - - - 1 - - - - - ACORD 25 (2001/08) ,- ..-) /-. 'Ibis 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 particular circumstances of the contemplated Project and the Controlling Law. .. . , , !) STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS CO~E and & Issued and Published .Jointly By fJ National'Society 01 Professional Engineers I'm,.=III,,2I EJlrJaarr hi 1'drB"l'rGfI;, AMERICAN CONSULTING ENGINEERS COUNCIL PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PR.OFESSIONAL ENGINEERS ): AMERICAN CONSULTING ENGINEERS COUNCIL " AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by . The Associated Gco:nl T Ccolracton of Amcrlca Construction Specifications Institute ~ 5"=. 6KE AMERICAN SOCIETY OF CIVIL, ENGINEERS Th~ General ConditioDs have been prepared ~r use with the Owncr-Contractor Agreements (No. 1910-8-A-l or 1910- 8-A-2) t1996 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC User's Guide (No. 1910-50). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. 1910-17) (1996 Edition). . ElCDe No. 1910-8 (1996 Edition) Copyright 01996 National Society of Professional Engineers 1420 King Street. Alexandria., VA 22314 AmeriCan Consulting Engineers Cmmcll . 1015 15th Street N.W., Washington. DC 20005 American Society of Civil Engineers 345 East 47th Street. New York, NY 10017 00700 - 2 I- i- I- I \- 1- \- I- I 1_. I i-, I '-- . ..... I l ~ , .,., - - TABLE OF CONTENTS """)' .' . -', ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 1.01 De,jiMdTerm.r 1.02 rerminology. . ARTICLE 2 - PRELIMINARY MAITERS 2.01 Delivery of Bonds .. 2.02 Copies oj Documents 2.03 Commencement of CQntract Tunes; Notice to Proceed 2.04 Starting the Wort, ... . . . . 2.05 Before Starting C~tnlction 2.06 Preconstnu:tion Corifuence . 2.07 Initial Acceptance of Schedules ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSB 3.01 Intent 3.02 Reference .Standards 3.03 Reporting and Resolving Discrepancies 3.04 Amending and ~plenumting Contracl Documents 3.05 Rsst! of - . . . . . . . . . . . . . . . . . . . . ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL C9NDmONS; REFERENCE POINTS A. vailDbility of Ltmc!s Subnoface and Phyrical Conditions Differing Submrface Dr p'hysical Conditions . .UndugrorDrd Facilities .. . . . . . . . . . . . Refert!1lCe Pow, . . _.. . . . . . . . . . . . . . 4.06 . JlIizardous EnwOI'ummial Cimtlition Dl Siu ARTICLE 5 - BONDS AND INSURANCE .. . . . . . . . . . 5.01 Performrmc~ PaymenJ.. and Other Bonds ... 5.02 Ucen.sed Sweda and.Innaen 5.03 Ce11ificata of bmcrance . ~ . . . 5.04 CONrRA.CI'OR', rkibmty Iimuance 5.05 OWNER's Liability Insurance 5.06 Property 1rrsIua1ice 5.07 Waiver of Rights .. 5.08 Receipt and Appfu:arion of Insurance Proceeds 5.09. Acctptance oj Bonds and Insurance; Option 10 Replace 5.10 Partial Utilization, Ac:I:nt1wletIgmD of PropertJ Insuru ARTICLB 6 - CONTRACTOR'S RESPONSIBILITIES 6.01 SupervUicm ani Superintendence. . . 6.02 . Labor; Worting HOIUI. ........ 6.03 Service3. Materials, and 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 . . . . . . . . .J :'..) 4.01 4.02 4.03 4.04 4.05 . i..~,.. . Progress Sc:hedIlle . . . . . . . . . .. .. . SulJstitutu and ftOr_Equals. . . . . . . . . . . . . Concerning SubcontrDcton, Supplier. and Othm . Patent Feu and Royaltiu . . . . . . Perm.it:s : . . . .. . . . . )" Laws and Regulations Taru .......... Use of Site turd Other Areal Record DOClC1l'lmtl . . . Safety tznd Protection Safety Repnsentattve HrJz.ard Co11U'lUl1fication Progranu . '.' . . . . . . . . . . . . . 00700 - 3 .. . . ....... .~ . 00700 - 6 . 00700 - 6 ....00700-8 ..00700-9 . '00700 - 9 00700 - 9 . 00700 - 9 ..00700-9 . 00700 - 9 00700 - 10 00700 - 10 00700 - 10 00700 - .10 00700 - 10 00700 - 11 :.00700 - 11 . 00700 - 11 . . .. . 00700 - 11 00700-11 00700 - 12 00700 - 12 00700 - 13 00700 - 13 007Qq - 14 00700 - 15 00700 - 15. 00700 - 15 00700 - 15 <mOO . 15 00700 - 16 00700.16 00700 - 11 00700 - 18 00700 . 18 00700. 18 00700. 18 00700. 18 00700. 19 00700 . 19 00700.19 00700 . 19 00700 . 20 00700.21 00700.21 00700 . 22 00700 - 22 00700 . 22 00700 - 22 00700 . 23 00700 - 23 00700 - 23 \... I 6.16 Emergencies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , , , . . , . . . . . . . 00700 - 23 6.17 S1wp 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 Indemnification. . . . . . . . .' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 2S i_- ARTICLE 7 - OTIIER. WORK ..................................... . . . . . . . . . . . .'. . 00700 - 26 i 7.01 . Related Work at Sit~ .'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 26 7.02 Coordination. . . . . . . . . . . . . . . . . . . . . . . . .' . . . . . . . . . . . . . . . . . . . '. . . . . . . 00700 - 26 1_ ARTICLE 8 - OWNER'S RESPONSIBILITIES ........................................ 00700 - 26 8.01 Conununications to Contractor .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '.' '. 00700 - 26 8.02 ReplacementofENGlNEER.. ....................................... .0..00700 -26 8.03 Furnish Data .................................................. ,'. 00700 - 26 1- 8.04 Pay Promptly lVhen Due .. . .' . . . . . . . . . . . . . . . '. . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 26 8.05 Lands. and Easements,' Reports and Tests. . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . : . . 00700 - 26 8.06 Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .". . . . . . . . . . . . . 0070Q - 27 f' 8.07 Dtange Orders .. . ; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 27 8.08 Inspections, Tests, and Approvals ....................................., 00700 - 27 8.09 Limitations on OWNER's Responsibilities ................................, 00700 - 27 ..... 8.10 Undisclosed Hazardous Environmental Condition ............................ 00700 - 27 8.11 Evidence of F'urancial Arrangements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 27 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION. '.' . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 27. 9.01 OWNER'S Rl!J'reserrtative ... ~ . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . 00700 - 27 --, 9.02 Visit! to Site. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . It 00700 - 27 9.03 Project Representative .......................:. .':'. . . . . . . . . . . . . . . . . . . 00700 - 27 9.04 Clarifications and Interpretations ...................................... 00700 - 28 9.05 Authorized Variations in Work ........................................ 00700 - 28 9.06 Rejecting De;{ective Work. . . . . . . . . . . . . . . . . . . . . ; . . . . . . . . . . . . . . . . . . . . . . 00700 - 28 9.07 Shop Dra.win.gs, Change Orden and Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 28 9.08 DeterminatioIU for lJrdt Price Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 28 9.09 Decisions on Retpdremen.rs of Contract DOClllnents and Acceptability of Work '. . . . . . . . . '. 00700 - 28 9.10 Limitations on ENGINEER's AlI1hority and ResponSibilities . . . . . . . . . . . . . . . . . . . . . . 00700 - 28 ARTICLE 10 - CHANGES IN THE WORK.; CLAIMS ......................:............ 00700 - 29 .... 10.01 Authorized Oumges in the Work .... . . . . . ~ . . . . . .'. . . . . . . . . . . . . . . . . . . . . . . 00700 - 29 10.02 Una1llhoriz.ed O1anges in the Work ..................................... 00700 - 29 10.03 Execution of OIange Orden ". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 29 ojo.. 10.04 Notification to Surety '..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 29 10.0S Claims and Disputes . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 30 ARTICLE 11 - COST OF THE WORK.; CASH ALLOWANCES; UNIT PRICE WORK. . . . . . . . . . . . . . . 00700 - 30 11.01 Cost of the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 30 11.02 Cash Allowan.cQ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 32 11.03 Unit Price Work .................................................. 00100 - 32 ARTICLE 12 - CHANGB OF CONTRACT PRICE; CHANGE OF CONTRACT TThmS .....:....... 00700 - 33 ~ '12.01 Change of Contract Price .............................. ~ . . . . . . . . . . . . 00700 - 33 12.02 OJange of Contract Times ....... . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 33 12.03 Delays Beyond CONTRACTOR's Control .................,................ 00700 -.33 _ 12.04 Delays Within CONTRACTOR's Control. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 34 12.05 Delays Beyond OWNER's and CON11U.croR's Control . . . . . . . . ~ . . . . . . . . . . . . . . . 00700 - 34 12.06 Delay Dmnagu . . . . . . ; . . . . . . . . . . . . . . . . . . . . . . . .". . . . . . . . . . . . . . . . . . . 00700 - 34 ~ ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK. . . . . . . '.' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 34 13.01 Notice of Defects ......... '.. . . . . . . . . . . . ; . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 34 13.02 Access to Work . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 34 ... 13.03 Tests and Inspections ............................................... 00700 - 34 13.04 Uncovering Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 35 13.05 OWNER May Stop the Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 3S - 13.06 COTTeaion or Removal of Defective Work ........... ~ . . . . . ... . . . . . . . . . . . . . . 00700 - 3S 00700 - 4 ~!....-~ 'if :"\ \ ' ., - : .t' .... \', -, ' 13.07 Correction Period ................................................! 00700 - 35 13.08 Acceptance of Defective Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 36 13.09 OWNER May Correct Defective Work. . . . . . . . . . . . . . . . ; . . . . . . . . . . . . . . . . . . . 00700 - 36 ARTICLE 14 . PAYMENTS TO CONTRACTOR AND COMPLETION . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 36 14.01 Schedule of Values . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 36 14.~ Progress Payments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . 00700 - 37 14.03 CONTRACTOR's Warranty ofntle ..................................... 00700 - 38 14.04 Substantia" Co1flJ1lerion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 38 14.05 Partial Uti1iz.ation ................................................ 00700 - 39 14.06 Fino.llnspection ..................................................... 00700 - 39 14.07 Final Paymetlt . . .. . . . . . . . . . . . .. . . . .. . . . .. . .. ~ . . . . . . . . . . . . . . . . . . . . . . '. . 00700 - 39 14.08 FrntZl Col1fJJletiollDelayed . . . . . . . . . . . . ......_ . . . . . . . .. . . . . . . . . . . . . . . . . . . . . 00700 - 40 14.09. WaivaofOaims......,................................................ 00700 - 40 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION ........................'.... 00700 - 40 15.01 OWNER May SusPend Work. . . . . . . . . . . . . . . . . . . . . . . . . . . :. . . . . . . . . . . . . . 00700 - 40 15.02 O'W.NER May Tt!17Ttinatt for' Cause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 40 15.03 OWNER May Terminate FaT Convenience . . . . . . ~ . . . . . . . . . . . . . . . . . ~ . . . . . .'. . 00700 - 41 15.04 CONI'RAeroR May Stop Work or Tenninaze . ; . .'. . . . . . . . . . . . . . . . . . . . . . . . . . . '00700,-.41 ARTICLE 16 - DISPUfE RESOLUTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 41 1~.01 Methods and Procedures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .'. . . . . . . . 00700 - 41 ARTICLE 17 - LfiSCEI..~OUS . . . . . . . . . . . . . . . . . . . . . . ". . . . . .. . . . . . . . . . . . . . . . . . . . 00700 - 42 17.01 Giving Noti.cl! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .,. . . . . . .. . . . . . . . . . . . . 00700 - 42 17.02 Co.-"~nn of Tunes . . . . . . . . . . . . . . . . . . . . . . . . . . '.'. . . . . . . . . . . . . . . . . . . 00700 - 42 U'.f"--' ., 17.03 Cronulative Rern.ediu ...... . . . . . . . . . . . . . . . .. ; . . . ~ '. .. .. . . .. . . . . . . _ . . . . . . 00700 - 42 17..04 Survival of ObligatioM .. . . . . . . . . . . . . . . . .. . . . . . . . . . .' .. . . .. . . . . . . . _ . . . . . 00700 - 42 17.0S Corrtrpllillg ~ ..........................,.......................... 00700 - 42 -./' :" 00700 . 5 1- GENERAL CONDITIONS j- i ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 1.01 Defined Tenns A. Wherever used in the Contract Documents and printed with initial or all capital letters, 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 CoIltriict Documents. .' .: . 2. Agreement-The written instrument which is evidence of the agreement between OWNER and CONTRACTOR covering the Work. 3. Applicationfor Payment-The form acceptable to ENGINEER which 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 releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. . 5 . Bid-The offer or proposal of a bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidding Documents-The Bidding Requirements and . the proposed Contract DOcuments (including 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 payment bonds and other instmments of security. 9. Change Order-A document recommended by ENGINEER which is signe~ by CONTRACTOR and OWNER. and authorizes an addition, deletion, or revision . in the Work or an adjustment in the Contract Price or the ,00700 - 6 Contract Times, issued on or after the Effective Date ofj"'" the Agreement. .! 10. Qaim-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-c . services by a' third party is not a Claim. . ! 11. Contract-The entire and integrated written agreement between the' OWNER and CONTRACTOR \- concerning the Work. The . Contract supersedes prior I negotiations, representations, or agreements, whether written or oral. \- 12. Contract Documents-The Contract Documents . establish the rights and obligations of the parties and ,_ include the Agreement, Addenda (which pertain to the I CQntract Dol;UIl1ents), CONTRACTOR's Bid (including._ documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award)'t' when attached as an exhibit to the Agreement, the Notice : to Proceed, the Bonds, these General Conditions, the - Supplememary Conditions, the Specifications and the _ Drawings as the same are more specifically identified in the Agreement, tog~ther with all Written Amendments, Change Orders, Work Change Directives, Freid OedeD,' and ENGlNEER.'s written interpretations and- clarifications issued on or after the Effective Date of the Agreenient.. Approved Shop Drawings and the reports and drawings of subsurface and physical condi~ons arc _. 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 accordaDcc with the Contract Docnmp.nts as stated. in the Agreement (subject to the provisions of paragraph 11.03 - in the case of Unit Price Work). 14. Contract Times-The number of days or the dates _ stated in the Agreement to: (i) achieve Substantial Completion; and ("ll) complete the Work so that it is ready . for final payment as evidenced by ENGINEER' s writte~ _ recommendation of final payment. 15. CONTRACTOR-The individual or entity with whom OWNER has entered into the Agreement. ...,....."'. . 'I . 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. .-. 18. Effective Date- of the Agreement-The date indicated in the Agreement on wbiell it bo-..comes effective. but if no such date is indicate~ '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 A~men~. 20. ENGINEER', Consultant-An individual or entity having a contract with ENoINi:!ER to furnish services as ENGlNEER.'s independent professional associate or consrdtmt with respect to the Project and who is ideotified as such in the Supplementary Conditions. 21. Field Ordu-A written order issued by ENGI- NEER which requires minor Changes in the Work but . which does not involve a change in the Contract Price or the Contract Tunes. . . ~~. 22. General Reqrdrernenn-Scctions of Division 1 of the Specifications. The General Requirements pertain to all s~tions of the Specifications. 23. l1trz.a.rdmu Environmental Condilion- The presence at the Site of Asbcstoi: PCBa. Petroleum, Hazardous Waste. or Radioactive Material. in such quantities or circumstances that mq present .a substantial danger to persons or property exposed thereto in connection with the Work. 24. Hazardous WtUte-1be term Hazardous Waste shall havo the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 use Section 69(3) as _~dcd from time to time. ) 2S. Laws and kgrdatioru; Lawr or Regulotions-Any and all applicable laws, rulC$. regulations.. ordinances, codes, and orden of any and an governmental bodies, agencies, .authoriti~. and courtI having jurisdiction. 26. Liens-Charges, security interests. or encumbrances upon Project ~ds, real property, or personal property. 21. 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 conditions precedent listed therein. OWNER wUl sign and deliver the Agreement. 29. Notice .10 Proceed--A written notice given by OWNER. to CONTRACTOR fixing the date on which the Contract Tmes wffi commence to run and on which CONTRACTOR shall.start to perform the Work under the Contract Documents. 30. OWNER-The individual. entity. public body. or al,lthority with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be perf~ed. 31. Partial., Utilization-Use by OWNER of a substan- tially completed part of the Work for the purpose for which it is intCnded (or a related purpose) prior to Substantial Completion of all the Work. 32. PCBs-Polycblorlna.ted biphenyls. 33. Pdroleum-Petro1eum, including erode oll or any fraction thereof which is liquid at standard conditions of tcmpera1Urc and pressure (OO degrees Fahrenheit and 14.7 . pbunds per square inch absolute), such as oil, petroleum.; fuel oR. on sludge, oil refuse, gasoline, mosene, md oil mixed with other non-Hazardous Waste and erode oils. 34. Project-The total construction of which the Work to be" performed UDder the Contract Documents may be the whole. or a part as may be indicated elsewhere in the Contract Documents. 35. ProjeCt Manual-The bound documentary information prepared for bidding and c:oustructing the Work. A listing of the conteDlJ of the Project Manual. which may be bound in one or more volumes, is contained in the tBblc(s) of c~ts. 36. Radioactive Material-Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 use Section 2011 et seq.) as amended from time to time. 31. klidprl Project Representative-The authorized representative of ENGINEER who may be assigned to the Site or my part thereof. 00700 - 1 - 38. Sa11q)les--Physical examples of materials, equipment, or workmanship that are 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 illustrate some portion of the V! ork. 40. Site-Lands or areas indicated in the Contract Documents as being furnished by OWNER upon which the Work is to be performed. including rights-of-way and easements for access thereto, and such other lands furnished by OWNER which are designated for the use of CONTRACTOR. . 41. Specifications-That part of the Contract Documents consisting of written technical descriptions of materials. equipment. systems, standards. and work:m.anShip as applied to the Work and certain administrative details applicable thereto. 42. Subcontractor-An individual or entity having a direct contract with CONTRACfOR 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 Eor a . specified part thereof) is sufficiently complete. in accordance with the Contract DocumC?~. 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 Conditiorrs- That part of the Co~ct Docmncnts which amends or supplements these General Conditions. 45. Supplier-A manufacturer~ .fabricator. supplier, distributor, materialman. or vendor having a direct contract with CONTRACTOR or with-any Subcontractor to furnish 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 attaclUnents, and any encasements containing such facilities, including those that convey electricity. gases. 00700 - 8 1-' steam, liquid petroleum products, telephone or other communications, cable television. water, wastewater;-' storm water. other liquids or chemicals, or traffic Q~ other control systems. I..... 47. Unit Price Work-Work to be paid for on th~ basis of unit prices. - I 1- 48. Work-The entire completed construction or the various separately identifiable parts ther~f required to IY.d provided under the Contract Documents. Work includes. and is the result of p~rforming or providing all labor .l- services. and documentation necessary to produce such _ construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as\- required by the Contract Documents. \ 49. Work Change Directive-A written statement toj- CON1RACTOR issued on or after the Effective Date ofl the Agreement and sigiled by OWNER and recommended - by ENGINEER ordering an addition. deletion. or revision in the W Crt, or responding to differing or unforeseenr" subsurface or physical conditions under which the W orki . is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the- Contract'Tunes but is evidence that the parties expect that the bliarlge ordered or documented by a Work Change ' Directive will be incorporated in a subsequently issued_. Change Order following negotiations by the parties as to its effect. if any. OD the Contract Price or ConlraCt lImes. ,.~ . -, '. . 50. Written Amendment-A written statement modifying the Cotltract Documents. signed by OWNER - and CONTRACTOR oh or after the Effective Date of the_ Agreement and nonnally w1ing with the nonengineering or nontechnical rather than strictly construction-related ~ aspects of the coniracr~OCUI1'1entS. 1.02 Tenninology A. Intent of Certain T~ or Adjectives 1. Whenever in the Contract Documents the terms "as allowed." "as approved. or or terms of like effect or- import are used, or the adjectives "reasonable. .. .. suitable." .. acceptable.... "proper." .. satisfactory." or . adjectives ofukc effect or import are used to descnbe an_ action or determination of ENGINEER. as to the Work, it is intended that such action or determination will be solely , 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 (Ullless- there is a specific statement indicating otherwise). The "-~ use of any such term or adjective shall not be effective to assign t~ ENGINEER any duty or authority to supervise or direct the performance" of the Wor~ 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 ARTICLE 2 - PRELIMINARY MATTERS 2.01 Delivery of Bonds A. When CONTRACTOR delivers "the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER Sllch Bonds as CONTRACTOR may be required to furnish. . 1. The word a day" shall constitute a calendar day of 24 hours measured from midnight to the next midnight. 2.02 Copier of Document: " C. De.fective 1. The word .defective,. when modifying the word "Work,. refers to Work that is unsatiSfactory, faulty, or deficient in that it does 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 reeomtnend:ttion of final payment (unless responsibility for the protection thereof has been assumed by OWNER. at Substantial Completion in accor- dance with. paragraph 14.04 or 14.05). D. Furnish, InstaU. Perform, Providl! - ~. .1. The word RfurnIsh. - when used in coDJ1eCti.on with services, materials. or equipment, . shall mean to supply and deliver said serviceS, mjlterials, or equipment . to the Site (or SOiDe other specified location) ready for use or installation and in usable or operable condition. 2. The word -install," when used ~ connection with services, Diaterials. or eqaipmen:t. shall mean to put into use or place in fioal position said services, materials, or equipment complete ~ ready for intended USe. 3. The words .perform" or .provide. " when used in connection with services, materials, or equipment. shall mean to famish and install said services, materials, or cquipm~t complete and ready for intended use. 4. When a~ - · install, II "perform. - or .pro-- vide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of CONTRACTOR, aprovide-"is.implied. ~ B. Unless stated otherwise in the Contract Documents. words or phrases which have a well-known tecbnical or construction ind~ or trade meBDing are used in the Contract Documents in accOrdance with such recognize~ m~g~ A. OWNER shall futnish to CONTRACTOR up to ten copies of the Contract Documents. Additionai copies will De furnished upon request at the cost of reproduction. 2.03 . Commencement of Contract Times; Notice to Proceed A. The Contract Tunes will commence to run on the thirtieth 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 Agreement. In no event will the Contract Tunes commciJ.ce to l'ID1later than the &ixtieth day after the day of Bid opening or the tbirtieth day after the Effective Date of t1m Agreement. whichever date is earlier. . 2.04 Startiltg the Wort ". ." . II" . .." A. CONTRACTOR shall start to perform. the Work on the date when the Contract TIlDes commence to run. No Work shall be done at the Site prior to the date on which the CoDlract TlJDes commence to run.. 2.0S Before Staiting Construction A. CON'IlMCI'OR', Review of Contract DDCll11te1Itl: Before undertaking each part of the Work, CONTRACTOR shall carefuJ1y study and compare the Contract Documents and check and verify pertinent figures therein ami all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any ccmfJict. error, ambiguity, or discrepancy which CONTRACTOR may discov=r and shall obtain a written interpretation or clarification from ENGINEER beforc= proceeding with any Wcxk affect,ed thereby; hoWever, CONl'RACTOR shall not be liable 10 OWNER. or ENGINEER for failure to report any conflict. error, ambiguity, or discrepancy in the Contract DocUments DDlcss CONTRACTOR knew or reasonably sbould bave known thereof. B. Preliminary Schedules: W'tthin ten days after the Effective Date 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 will list each required submittal and the times for submitting. reviewing, and processing such submittal; and 3. a preliminary schedule of values ,for aU of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdi- vides the Work into component parts in sufficient detail to serve as the basis' for progr~ss 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 InslUance: Before any Work at the Site is started. CONTRACTOR and OWNER shall each deliver to 1he 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 insured may reasonably request) which CONTRACTOR and OWNER respectively are'required to purchase and m:oinbin in accordance with.~le 5. 2.06 Preconstruction Conference A. Within 20 days after the Contract Tunes start. to run, but before any Work at the Site is s~arted, ,a conference, attended by CONTRACTOR, ENGINEER, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.05.B, procedures for handling Shop Drawings and other submittals. processing Applications for Payment, and maintaining required records. 2.07 Initial Acceptance of Schedules A. Unless otherwise provided in the Contract Docu- ments. at least ten dqs before submission of the first Application for Payment a conference attended by CON- TRACTOR. ENGINEER.. and others as appropriate will 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 payment shan be made to CONTRACTOR until acceptable schedules are submitted to- ENGINEER. 1- 1. The progress schedule will be acceptable. to ENGINEER if it provides an orderly progression af the 1'- Work to completion within any specif'lCd Milestones and . the Contract r1II1CS~ Such acceptance will not impose on ENGINEER responsibility for the progress schedule, for"" sequencing, scheduling, or progress' of the Work nor I interfere with or relieve CONTRACTOR from' CONTRACTOR's full responsibility therefor. 2. CONTRACTOR's schedule of Shop Drawing and Sample submittals will be acceptable to ENGINEER if it _ . provides a workable arrangement for reyiewing and processing the required submittals. 3. CONTRACTOR's schedule of values will be- acceptable to ENGrnEER as to form and substance if it provides a reasonable allocation ~f the Contract Price to ' component parts of the Wark. , . ..'. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING. REUSE 3.01 Intent A. The Contract Documents are complementary; what- is called for by one is as binding as if Galled far by all. ~ . ..~ B. It is the inI:ent of the O;mt:rac~. Documents, to describe a functionally complete Project (or part thereof) to be constructed in 'accordance with the Contract Documents.- Any labor. docmnentation. services. materials, or equipment that may reasonably be inferred froJn "the Contract Docu- ' ments or from prevailing custom or: trade usage as being- required to produce the .intended result will he provided whether or not specifically called for at no additional cost to .. O~ C. Clarifications and interpretations of the Contract . Documents shall J>e issued by ENGINEER. as provided in Article 9. - 3.02 Reference Standards A. Standar:dJl . Specifications, Codes, Laws, and Regulations . 1. Reference to standards. specifications. manuals, or codes of any technical society. organization. or association. or to Laws or Regulations. whether such... reference be specific or by implication, shall mean the standard, specification, manual. 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 no Bids)," 00700 - 10 -D.- \.- except as may be otherwise specifically stated in the Contract Documents. 1. 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 any 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 authorily to supervise or direct the performance of th!; Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity, or-disctepancy within the Contract Docaments or between the Ccmtract Documents and aIrJ provision of any Law or Regulation applicable to the performance of the Work or of any stalldard.. sp=~nMir-mt-manual or cock. or of ;my instruction of IIiy SUpplier. CONTRACTOR shall report it to ENG1N1mR. in Writing at atm. . CONTRACTOR sball DOt proc:eCd with the Work affected thereby (except ..' in an cmergeucy as required by paragraph 6..1.6.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3~04i provided, however, that CONTRACTOR sball not be liable to OWNER or ENGINEER for failute to report any ~ conflict, ~r, ambiguity, or dis- crepancy unless CONTRACTOR knew or reasonably should have known thereof. ~-' _~ 1!lF' .:._ B. Resolving Di~crepan.cies 1. 'Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract . Do~ shall take precedence in resolving any conflict. error, ambiguity. or discrepancy between the provisions of the Contract Documents and: .~ -. .. a.; '.- the provisions of any standard, specification. manual. code. or instruction (whether or not specifi- cally incorporated by reference in the Contract. Documents); or ~_. " .. b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless mch an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract pocumeitts . A. The Contract Documents may be amended to provide for additions, deletions, and revisions in. the W-ork or to modify the terms and conditions thereof in one or more of the fonowing ways: (i) a Written Amendment; (Ii) a Change Order; or (ill) a Work Change Directive. B. The requirements of the Contract DocUments may be supplemented, and minor variatioDS and .devia~oDS in the Work may be authorized, by one or more or'the fonowing. ways: (i) a Field Order; (ii) ENGINEER's approval of a Shop Drawing or Samplei or (m) ENGINEER's written interpretation or clarifICation. . 3.05 RelUte 0/ Documents A. CONTRACTOR and any Subcontractor or Supplier or other individual or entity performing or furnishing any of the Work under a direct or indirect 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 ("Ii) shall Dot reuse my of such Drawings, Specifications, other documents, or .copies thereof on ~xtensions of the Project or any other project without wii.ttcu. consent of OWNER and ENGINEER and specific written verification or adaption by :ENGINEER. This prohibition will smvive final paymciJ.t;. completion, and acceptance of the _Work, or terminalion or completion of the Contract. Nothing herein shaD preclude CONTRACTOR from retaining copies of the Contract Documents for record pUIposes. ARTICLE 4 - A V AJLABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDmONS; REFERENCB POINTS 4.01 Availability of Lands A. OWNER shall fumish the Site. OWNER shall notify CONTRACTOR of'any encumbrances or restrictions not of general :.pplicaticm. but specifically related to use of the Site with which CONTRACTOR mUst comply in peIfouniag the Work. .:OWNER. will obtain in a timely manner ani:! pay -for easements for permanent stru~s or permanent changes in existing facilities. If CONTRACTOR and OWNER are DDable to agree on entit1emeut to or on the amount or extent. if any. of any adjustment in the Contract Price or Contract T"JUles, or both, as a ~su1t 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 additional lands and access thereto that may be required for temporary co~tJ:?ction facilities .or storage of materials and equipmc~t. 4.02 Subsuifact! and Physical Conditions A. Reports and Drawings: Conditions identify: The Supplementary 1. : . those reports of explorations and tests of . I subsurface conditions at or contiguous to the Site that ENGINEER has used in preparing the Contract Docu- ments; and ~ I I 4.03 Differing Subsurface or Physical Conditions - A. Notice: If CONTRACTOR believes that any subsur- face or physical condition at or contiguous to the Site that is . ~ uncovered Of revealed either: 1. is of such a nature as to establish that any "-technical data" on which CONTRACTOR is entitled tc'" rely as provided in paragraph 4.02 55 materiallJ' inaccurate; or . ... 2. is of such a nature as to require a clllmge in !hr. Contract Documents; or . .." 3. differs materially from that shown or indicated. i:I the Contract Documents; or 4. is of an unusual nature, and differs materiaIl)":" from conditions ordinarily encountered and generall~ recognized as inherent in work of the character provided fot in the Contract Documents; ... then CONTRACTOR shall, promptly after becoming aware' thereof and before further disturbing the subsurface or physical conditions Of performing any Work in connectiol- therewith (except bran. emergency as required by paragrapI 6.16.A), notify OwNEit. arid ENGINEER in writing about such condition. CON1:'R:ACT0a. shan not further distur'f-Oo - 'B.. Limited Reliance by CONrRACI'OR on Technicfzl sUch condition or perform any Work in 'connection 'therewitl Datil A.uthorized: CONTRACTOR may rely upon'thc-' .. :(except as aforesaid.) until receipt of written order:to.dq-so:- general accuracy of the "technical data It contained in such .- repOrts .and drawings, but such reports and drawings are not . B. ENGINEER's Review: After receipt of written notic Coi1tract Documents. Such ~technica1 data" is identified in as required by paragraph 4.03.A. ENGINEER. will promptt.1 the SuWlementary Conditions. Except for such. reliance on review the pertinent condition, determine the necessity of such "tecbnica1 data," CONTRACTOR. may not rely upon or OWNER's obtaining a&ntional exploration or tests wit- make my Claim against OWNER, ENGINEER, or any of respect thereto, :Jnd advise OWNER in writing (with a cop, ENGINEER's Consultants with respect to:' to CONTRACTOR) of ENGINEER's findings and conclusions. -- 2. those drawings of physical conditions in or relating to existing surface or subsurface stroctures at or contiguous to the Site (except Underground Facilities) that .ENGINEER bas used in preparing the Contract Documents. . 1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, teclmiqu~s, sequences, and procedures of construction to be employed by CONTRACTOR, and safety precautions and programs incident thereto; or ! . .' 2. other data., interpretations, opiDionS.. and information contained 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. c. Possible Price and Times Adjustments -' 1. The Contract Price or the C~act Times, C both, will be equitably adjusted to the extent that tn_ existence of such differing subsurface or physical condition causes an increase or decrease r"' CONTRACTOR's cost of, or time required for, perfo~ manee of1he Work; subject, however. to the following: - a. such condition must meet any one or more ( the categories described in paragraph 4.03.A; and b. with respect to Work that is paid for on Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.01 and 11.03. 00700 - 12 -. J 2. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Contract limes if: cl. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract 'runes by the. submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a re~ of any examination, investigation. .exploration, test, or study of the Site and contigUous areaS required by the Bidding Requirements or Contract Documents to be conducted by or for CON- TRACfOR prior to CONTRACTOR's making such final commitment; or . I ..<.., !.. c. . CONTRACTOR failed to give the written notice within the time and as required by -paragraph 4.03.A. \ ...- ~ ) "3. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent. if any. of any adjustment in the Contract Price or Contract Tii:nes, or both.. a aaim may. .be made therefor as provided in paragraph 10.05. However, OWNER, m{G~ ~ EHOINERR.'s Consultants sbaIl not be liable to COJIfTRACI'OR. for an)' claiIps, -cosB, losses, or ~.;(qd.~i"Lbut not limited to an fc=s and charges of engineers, architects, attom=ys, and other professiooals . and an court or arlJitration or other displlle resolution costs) "sustained by CONTRACTOR on or in connection with any other project or anticipa~ proj~ '. . 4.04 Undergrrnmd Facilities A. Shown. or Indicated: 'Ibc information and cJata shown or indicated in 1he Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data famished to OWNER or ENGINEER by the owners of such Underground Facilities, including oWNER. or by others. Unless it is otherwise expressly provided in the Supplementary Co~tions: 1. OWNER and ENGINEER: sliall not be responsible for the accuracy or completeness of any such information Or data; and 2. the cost of all of tf1e following will be ~luded in the Contract Price, and CONTRACTOR shall have full responsibility for: , a. reviewing and checking aU such information and data., . b. locating all Underground Facilities shown or indicated in the Contract Documents, c. coordination of the Work wi~ 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 Indicated 1. If an Underground Facility is uncovered or revealed at or contiguouS to the Sit= which was not shown or indicated. or not shown or indicated with. reasonable accuracy in the Contract Documents, CONTRACTOR sha]J;_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 0WIlCF of such Underground Facility and give written notice to 1hat oWner and' to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the cxteIJt, if any, to which a change is required in. the Contract DoCuments to reflect and document the consequences of the -exutence or " ",-,location,.of the Underground Facility. During such time," " ::1 "CONTRACTOR. shan be responsible for the safety mer "": ..': p.ro~OB'"of such Undergroond FaCility. "~ .:~!.~;.... \ 2. If ENGINEER. concludes d1at 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 ad,iustment slWllle made in the Contract Price of Contract T"lIDes, or both, to the extent that they are attributable to the e~nce or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract DoCumcn1:s md that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR arc unable to agree on entitlement to or on the amotUll or extent, if any, of any such ad"j1IBtmCDt in Cootract Price or Contract Ames, OWNER. or CONTRACl'OR may make a Claim therefor as provided in paragraph 10.0S. 4.05 Refuence Points A. OWNER shall provide engineering BUI'VC}'S to establish reference points for. constrUction which in ENGINEER's judgment are necessary to enable CON- TRACTOR to proceed with the Work. CONTRACTOR shan be responsible for laying out the Work, sbaIl 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 responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition aJ Site A. Report: and Drawings: Reference is made to the Supplementary- Conditions for the identification of th.ose 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 CONTRACTOR 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 are not Contract Documents. Such ..technical data" is identified iD. the Supplementary Conditions. Except for such reliance on such ..technical data." CONTRACTOR may not rely upon or make any Claim against OWNER. ENGINEER or any of ENGmEER's Consultants with respect to: ---'. . -I. the complett;:ness .of . such reports and drawings for CONTRAcm:a:s, ~ses, including, but not- limited to, any aspects of the means, methods, techniques, sequences , and procedures of construction to be eri:Iployed by CONTRACTOR and safety precautions and programs incident thereto; or 2. other data, interpretatiOns, opJDlons and information contained in such reports or shawn or indicated in such drawings; or 3. any CONTRACTOR interpretation of or conclusion drawn froni my "technical data" or any such other dat;a. interpretations, opinions or infonnation. C. CONTRACTOR shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated 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 Environmental Condition created with any materials brought to the Site by CONTMCTOR, Subconuactors, 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 1. Environmen.tal Condition, CONTRACTOR shall immedi- ately: (i) secure or otherwise isolate such condition; eii) stopl- all Work in connection with such condition and in any area affected thereby (except in an emergency_ as required by paragraph 6.16); and (iil) notify OWNER and ENGINEER~- (and promptly- thereafter confIrm such notice in writing).) OWNER shall promptly consult with ENGINEER concerning . the necessity for OWNER to retain a qualified expert taL. evaluate such condition or take corrective action, if any. E. CONTRACTOR shall not be required to resume I Work in comiection-with such condition or in any affected..... 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~ 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 andJ.., CONTRACTOR cannot agree as to entitlement to or on the amount or extent" if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stop- I page or such. special conditions under which Work is agreer to be resumed by CONTRACTOR, either party may make a Claim therefor as provided in paragraph 10.05. ..' F. If after receipt of such written notice CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to; resume 'SUCli. Work uDder such special conditions.' theIl- OWNER.~Y-J?rder the portion of the Work that is in the area affected by such condition to be deleted from the Work. I If OWNER and CONTRACTOR cannot agree as tc.....' entitlement to or on the amount or, ex.tent, if any, of ill:: adjustment in Contract Price or Contract Tunes as a resnlt of deleting such portion of the Work, then either P.arty ma~ make a Claim therefor as provided in paragraph 10.05 OWNER may have such deleted portion of the Worl. . pcrlon:ned by OWNER's own forces or others in accordance : with Article 7. - G. To the .fullest extent permitted by Laws and Regulations, OWNER shall indemnify and hold harmles. CONTRACTOR, Subcontractors, ENGINEER ENGINEER's Consultants and the officers, directors, partners, employees. agentS, other consultants, anrJ... subcontractors of each ~c1'any of them from and against aJ claims, costs, losseS, and -damages Cmcluding but not limiteu to all fees and charges of engineers, architects, attorneys, an.rL other professionals and all court or arbitration or othe dispute resolution costs) arising out of or relating to - Hazardous Environmental Condition, provided that' such Hazardous Environmental Condition: (i) was not shown 0- indicated in the Drawings or Specifications or identified i the Contract Documents to be included within the scope of the Work, and (n) was not created by CONTRACTOR o~ b:- anyone for whom CONTRACTOR is responsible. Nothin 00700 - 14 If - ,. -,. .j) -'... \ 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 shall. indemnify and hold haonleslOWNER, ENGINEER., ENGINEER's Consultants, and the officers, directors, partners, employees, agents, other consuitants, and subcontractors of each and any of them from and againSt all claims, costs, losses, and damages (mcluding but not limited to all fees and charges of engineers. arcbitccts, attorneys, and other professiotlah and all court or arbitration or other dispute resolutiOn costs) arising out of or relating to a Hazardous Environmental Condition created -by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. NolhiDg in this paragraph 4.06.F shall obligate CONTRActoR to indemnify any individual or entity from and against the consequences-of that individual~s or entity's own negligence. I. The provisions of paragraphs 4.02, 4.03, and 4.04 are not iJ;ltended to apply to a Hazardous EnviroIUIlCDtal Condition uncovered or revealed at the Site. ARTICLE 5 - BONDS AND INSURANCE 5.01 p~; Ytiymen!i and Other Bonds . .a.......~...~ 0.. A. CONfRACTOR shall furnish performance and payment Bonds, each in m amount at least equal to the Contract Price as security for the faithful performance and payment- of all CONTRACTOR's. obligations under the Contract Docum.. These Bonds shall remain in effect at least until one year after the - datC when final payment becomes doe. except as provided otherwise by Laws or Regulations or by the Contract Documents. CONlRAC'IOR shall also famish such other Bonds as are required by the Contract Documents. B. AIl Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Rcp'atm, and shan ~ executed by such sureties as are named in tbc camut list of -Companies Holding Certificates of ~ as Acceptabls.:Sureties on Federal Bonds and as Acceptable Reinsuring Companies. as published in Circular S70 {amended).by the FiDancial Management Service, Surety Bond Branch. U.S. Department of the Treasury. AD Bonds signed by an agent must be accompanied by a certified copy of such ageot's authority to act. . . C. If the surety on any Bond furnished by CON- TRACTOR is declared bankrupt or becomes insolvent or its 'I:ight to do business is tctminated in any state where my part W!h~ Project is located or it ceases to meet the requirements "~\o'tU-- of paragraph 5.01.B, CONTRACTOR shall within 20-day: thereafter substitute another Bond and surety, both of whicl shaIl comply with the requirements of paragraphs 5.01.B ant 5.02. 5.02 Licensed Sureties and Insurers A. All Bonds and insurance required by the Contrac Documents to be purchased and maintained by OWNER OJ CONTRACTOR shall be obtained from surety ot insurance companies that are duly licensed or -authorized in the jurisdiction in which the Project is located to issue Bonds 01 insurance policies for the limits and coverages so required. Such surety and insurance companies sliaD. also meet sucl: additional requirements aDd qualifications as may be provideC in the Supplementary Conditions. J 5.03 . Certificates pI Insurance A. CONTRACTOR shall deliver to OWNER, witll copies to each additional insured identified in the Supple. mentary Conditions. certificates of insurance (and otbel evidence of insurance requested by OWNER or any othe1 additional insured) which CONlRACTOR. is required to purchase and. maintain. OWNER shall deliver to CONTRACTOR, with copies to each additional insured identified in the Supplcuicnt:aty Cdiiditions, e!ttifica.tes ol insurance (and other evidenee of insUrance requested ~ CONTRACTGR. or: any other additional insured) wbicb OWNER. is required.to. purchase and tnamb;n. 5..Q4 CONTRACTOR's Liability Insuranc~ A. CONTRACTOR shall purchase and maintain St1C~ liability and other insurance as is appropriate for the WorJi being performed and as ~ provide protection fi:om claim! set forth below which may arise oat of or result froII CONTRACTOR's performance of the Work ane CONTRACTOR's other obligations under the Contrad Dbcmnents. whether it is to be performed. b) CONTRACTOR, any Subcontractor or Supplier, or b) anyone directly or indirectly employed by any of them tc perform any of the Work, or by anyone for whose acts an) of them may be liable: 1. claims.-tinder workers' compensation, disabllil:J benefits, and other similar employee ~fit acts; 2. claims for damageS because of bodily injury occupational sickness or disease. or death 0: CONTRACTOR's employees; 3. claims for damages because of bodily injury sickness or disease. or death of any person other thaI CONTRACTOR's employees; 00700 - 15 4. claims for damages insured by reasonably available personal injury liability coverage which are sus- tained: (i) by 'aIly 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 far damages, other than to the Work itself, because or injury to or deslI'Uctian of tangible property wherever located, including 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 so required by this paragraph 5.04 to be: purchased anchnaint.ained shall: 1. with respect to insurance required by paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include as ~tiona1 insureds (subject to any customary exclusion in 'respect of professional liability) OWNER, ENGINEER. ENGINEER's Consultants, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be l~d as additional insureds, and ~lude coverage for the respective officers, directors, partners, eJ;IiplOyeCs, ,'igents, and other consultants and subcontractors':bf each 'and:'any of all such additional insureds, and the inSurance.affordCd to these additional insureds shall provide p~ coverage for all claims covered thereby; ; ( ( " .. 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions orl required by Laws or RegulatioIlB, whichever is greater; 3. include completed operations insurance; ,. 4. include contractual liability insurance covering CONTRACTOR's indemnity obligations under para- graphs 6'.07, 6.11, and 6.20; S. contain a provision or endorsement that the coverage afford.ed 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 ~o whom a certificate of insurance has 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 1- , correcting, removing, or replacing defective Work in accordance with. paragraph 13.07; and i- 7. with respect to completed oper<l;tians insurance, and any insurance coverage written an a claims-mam.... basis, remain in effect for at least two.years after fina payment (and CONTRACTOR shall furnish OWNER am! each other additional insured identified in the S~pplelo- mentary Conditions, to whom a .certificate of insurClIlCl has been issued, evidence satisfactory .to. OWNER and. any such additional insured of continuation of suet.,. insurance at final payment and one year thereafter). 5.05 OWNER's Liability Insurance ...'" A. In addition to the insurance required to be provide 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 wffi prote( OWNER against claims which may arise from operations under the Contract DocumentS. ....' 5.06 Properry Insurance A. Unless otherwise provided in the Supplemenl:a1- Conditions, OWNER shall purchase and D13il'ta1'l. proper insurance .upon the Work at 1he Site in the amount of the fult replacement cost thereof (subject to such deductJ.bleamoWii; as may:.be 'provided""in the Supplementary Conditions I required by Laws'and;R.egulations). This insurance shall: . 1. include the interests of OWNER. CONTRAI- TOR, Subcontractors, ENGINEER, ENGINEER, Consultants, and any other individuals or entities identi- fied in the Supplementary Conditions, and the officeI- directors, partners, employees, agents. and' otb consultants and subcontractors of each and any of them,' each of whom is deemed to have an insurable interest ami shall be listed as an addjtional insured; 2. be written on a Builder's Risk ''all-risk'' or open peril or special causes of loss policy form that shall- least include insurance for physica1loss or damage to 1 Work, temporary buildings, false work, and materials and equipment in transit, and shall insure against at least .a- foUow\p.g.. perils or causes of loss: fire, lightnb extended, coverage, theft, vandalism and ma1icioUl mischief; earthquake, collapse, 'debris remov.a.l demolition occasioned by enforcement of Laws I Regulations, water damage, and such other perils 0 causes of loss as may be specifically required by 1b Supplementary Conditions; 3. include expenses incurred in the repair c replacement of any insured property (mcluding but - limited to fees and charges of engineers and architec1 . 00700.- 16 -, 4. cover materials and equipment stored at the Site or at another location that w?S agreed to in writing by OWNER prior to ~in..,g i.w:o~J:~ted in. the Work, provided that such materials ~d equipment have been included in. an Application for Payment recommended by ENG~ER; 5. allow for partial utilization of the Work by OWNER; . 6. include testing and startup; and 7. be m~intained 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 insurance has been issued. -.; . '.: . B. OWNER. shallpurchase a'nd ';":Ii~t.:!i~ SQCh boiler and lJ1achinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will iDclude the interests of OWNEtl, . CONT;RAC1'OR, Subcontractors, ENGINnER, ENGINEER's Consultants, and any other individna1s or entities identifjM in the Supplementary Conditions, each of whom is deemed to have an insurable interest ~ shall be listed as an insured or additional insured. C. All. the policies of insur8nce.(~ the certificates .or. other . evidence thereof) required.~, J:?c .._~ and Jnllmt:.ined in accordance With paragraph 5.06 will contain a provision or Cndorsement ~at the coverage afforded wiD DOt be canceled ~r materlal1y changed or renewal refused until. at least 30 days prior written notice bas 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 5:07. D. OWNER shall DOt be responsible for purchasing and maintaining any property insurance. specified . in this paragraph 5.06 to protect the in~ercsts of CONTRACTOR, SubcoQtractorl, or others in the Work to. the extent of any ~b"ble amounts that are id;ntitied in the SupplementaIy C~. The risk of loss within such jd~tifi~ deductible aD)01DIt will be bome by CONTRACTOR, ~ctors, or othe~ sqffering any such loss, and if any ~f them wishes property insurance coverage within the limits of such lm!~, each may plll'Chase and mllinhlin it at the ~er'l own expense. '.' a~ If CONTRACTOR requests in writing 'that other -' . . ~~ bmur.mce be included in the property iDsurmce ) S. 'cies.-lf9ViQed ~ paragraph 5.06, OWNER.Bh~ if ~-:;'; f .. . . ., ~l" such msurance, and the cost thereof wiD be ~: . '. to CONTltACTOR by appropriate Change .Order or -~. ...~ Amendment. hior to commencement of the Work ...~ - . - . - at the Site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has bee.l;l procured by OWNER. 5.07 Waiver of Rights A- OWNER and CpNTRACTOR intend that all policies purcq!!Sed in accordanc~ with paragraph 5.06..wiU protect OWNER., CONTRACTOR, Subcontractors, SNG~Eit. ENGJNBER's Consultants, and. all other individuals or entilie$ identified in the Suppfementa,ry CQriditions to ~ listed as iDsureds or additional insJlred,s' (and th~ otnc.era, directors, partners, employees, agents, and other consultants and subcoDtraclors of each and any of them) in such polici~s and wm provide primary COverage for aU losses and damages caused by the perils or causes of loss covered thereby. AD such po~ shall contain provisions tc;J the eff~ct that in the c.vent of pmnent of any loss ~r ~ge the .~rs will ha.ve no rights of recovery against any of the ~~ ~r ~onal insureds thereunder. OWNER anel.CONTRAC- TOR waNe all rights against each other and their rCspective officera, directors, p~, employees. agents, an~ other. coma1tants ami ~actors of each and any of ~ for aJIlosses and damages caused by, arising out of or resulting !tom any of the perils or CllUSCS of loss ~ by' $Uch lie' --.I ther . J:__"",_ '"'-_ po ~ 114a,L UlJ 0 ~ JDS1]liIDCC app~ to ~ W~ _01 in additio .1._ ..II' ......1. . .;~- '.. ""'-At auu., ..P, \VH.J'i> .!Q\..p.......... ~~. ~t. SubContractors. ENGINEER.. ~~'s dcmSult;Qns; and all other individuals or c:otiti~ ld~rified ih the SuJ!lle~cn- tar)' Conditions to be listed, ~~!Jr a.ddl~ iD.sureds (and 1hc offia:n, directors, partnerS,' employees, a~. and other CODSUltants ;pm subconftaci:ors of eaCfi.p aiiy of them) under such policies for losses and damages so c~.' None of the above waives shall extend to tb.C dghtS that any party mating mch waiver may have to the proceeds of iusurancc held by OWNER. as trustee or otherwise payable Under any policy so issued. . B. OWNER. waives aU rights a~t CONTRACTOR, Subcontraclors, ENGINEER, ENGINEBR.'s Consultants. and the officers, ~rs, partners, employees, agents, and ot1ier consultants and subcontractors of each and any of ~m for: 1. loss due to Jmsiness interruption, Iou of use, or other cOaseqm:otialloss ~mg beyond direct physical ~1p~s or damage to OW'NElt's property or the Wotl\:. caused \7y, arising out of, or resulting from fire or other peril whether. or DOt ~d by OWNER; ~ 2. loss or damage to the completed Prbject or part thereof caused by, arlsiDg out of, or resulting from fire or other iDsured petit or cause of loss covered by any property iDsutance maintained on ~ comple~ Project or part thereof by OWNER. during partial utilization purswmt to paragraph 14.05, after Substmtial Completion 00700 -17 pursUant to para.graph 14.04, or after final payment pursuant to paragraph 14.07. C. Any insurance policy maintained by OWNER cover- ing any loss, damage or consequential loss referred to in paragraph 5.07 .B shall conWn proVisions to the effect that in the event of paymeqt of any 'sucJ1 loss, damage, or consequential loss, the insurers will have no rights of,. recovery .,.. against CONTRACTOR.,' Subcontrat;tors, ENGINEER: or ENGINEER's Consultants and the officers, directors, par1ncrS, employees, agents, and. other consultants and subcontractors of each and. any of them. . 5.08 Receipt and Application of Insilran~e Proceeds A. Any insured loss under the policies of insurance . required by paragraph 5.06 will be adjusted with OWNER. and made payable to OWNER as fiduciary for th!= irisurcds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph S.OS.B. OWNER &hall depOsit in a &eparatc account any money BO reCeived and shall distribuu= it m ~~c with. such agree- ment as the parties in. interest may reach. If no other special 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 coverCd by an appropriate ,'.1 '.~, Ch8n:~e Otde'r'orW~.AmemiJil(~nt. "::/~', ,p' ," ':............... .. ~ "' . 00 ;-0 ~ I i .' B. oWNER. as fid1,JCiary shall have power to adjust and settle any loss with the iilsUters 'tlfileta 0bC of the parli.c:s in interest shall object in writing within 15 days after the occurrence ofloss to OWNER's exercise of this power. If su~ objection be made, O~ as",fiduciaIy shall make settlement with the Pmu'ers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached., OWNER as fidUciary shall adjust and settle the loss with the insurers and, if requiJ:"ed in 'Yri~g by any party in interest, OWNER as fiduciary shall give bOnt;! for the proper performance of such duties. 5.09 ;4cceptance of Bonds and Insurance; Option to Replace A. If either OWNER or CONTRACTOR bas any objection to the coverage afforded by or other provisions of the Bonds or insurance required to be purchased and mamt:.;n!".d by the other party m accordance with ~e 5 on the basis' of non-conformance with the Contract D~, the objecting party shall so notify the other party m writing withiIi. 10 ~ after receipt of the certificates (or other eVidence reqUested) teqWtcd by paragraph 2.05. C. OWNER' and CONTRACTOR sbaIl each provide to th= other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or JTlllintl!;n all of the Bonds and insurance required 1-- i . i"" of such party by the Contract Documents, such. party shall 1_ notify the other party in writing of such failure to purchase . prior. to the start of the Work, Of of such failure to mam.tain i -. prior to any change in the required coverage. Without I prejudice to any other right or remedy, the other party may . eJect to obWn equivalent Bonds or insurance to protec~ such l_ ather party'; interests at the expense of the party who was i :;.r~quired to provide such coverage. and a Ch~ge Order .shall : .~ issued to adjust the Contract Price accordingly., ,~< , _ :J .,\ ";". . .:,' ~ ,I 5.10 Partial Utilization. A.cb&~ledgment of Pr~~~rty. Insurer A. If OWNER finds it necessary to ciccUpy or use a j- portion or portions of the Work prior to Substantial . Completion of all the Work as ptpvided .in, p.~agraph 14.0.5, I-' DO &uch use or occupancy shall commence before the insurers' providing the property insurance pursuant to paragraph 5.06 . have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers"- providing the p~rty iIlsurance shall consent by endorse- . meQt on the policy or policies, but the propeny insurance sba11 not be canceled or permitted. to lapse on accoupt of an.y- such partial use or occupancy. ... IJtTICLE 6 - CONTRACTOR:S. RESPONSmn..rTIES 6.01 Supenision and Superintendence _. A. CONTRACTOR shall supervise, inspect. and direct the Work competently and effIciently, devoting &UCb. atteIlticnt-r thereto and applying suCh skills and expertise as. may b, necessary. to perfo~ the Work in accordance with ~. Contract Docume~. coNTRACTOR shall be salet:x... responsible for the means, methods, techniques, sequences ,and procedures of co:qstIUction, but CONTRACTOR sha1. , not be responsible for the negligence of OWNER or ENGINEER in the design or specification of a specm-' means, ~tbod, tcc~que, sequence, or procedure c construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shaa. be responsible to see. that the completed Work complk accurately with the COntract Documents. B. At all times during the progress of the Wod CONTRACtOR shall assign a competent resident superitt- tcndent thereto wh~ shall not be replaced without writte.,!l notice to OWNER and ENGINEER except undt extraordinary circumstances. The SQ.pCrintendeut fo'Dl L CONTRACTORt! representative at the Site and ~all haVf authority to act on behalf of CONTRACTOR. r communications given to or received from the superlntende shall be binding on CONTRACTOR. - 00700 - 18 6.02 ~r yrorking Hours A. Cf-"~:".';' 'CTOR shall provide competent, suitably qualified )~el to survey, lay. oUt, and construct the Work as' @ired by the C~ct Docume~. CON- TRAC ~ . at all times In:!intllin good discip~ and. or~rM ~a~ . B. ~fl{~i. ~ othe~ ~~. fo~ the safe~ or protection. ~!soJ,1s or the Worle. or property. at .the Site or adjacent '" an\! except as o~erwise ~tated in the Contract' .'~ob: all Work at the Site &ball be pcIformed during re . ~: ~ hours, and CONTRACTOR will Dot permit ov ~ work or the perform~ce of Worle. on Saturday,' ~ or any l~gal ~liday without OWNER's written c . which will not be unreasonably . withheld) - .. - ..... lfVcn ., rwritten notice to ENGINEBR.' ......, ',",," l. . . .~ 6.03 siiiies, Materials, and Equipment '.i""~' , A. Unl~ otherwise specified in the General RJ:- quiremcm;I'~bNTRACTOR shaQ. provide and assume run responsib". .~r'all services, materials, equipmcnt.1abor, ~..".: ~ equipment and JrIl1rJtinery, tools, app1iances~, power. light. heat, tc1epbODC, water, sauitaIy facmB'cs; ~ facilities, and all other facilities .., . and incld~s DeCCSsary fot the performance, .testing, - J "'~'."'I . ~:.,.., 'i-~""':ofthc;WorL" .' ...'t~ '.",: sta.J:t-v.p, . '~"!"'f+".. :0: -- ...-.... ':. ...~I .. ~ ........... ... B. AlI"..# ~w -'aziiI equipment incmporatcd into the _ ", Work Moo ,:i ipecii\ed or, if not specified, Shall be of' good qualitf ~ ~, except as otherwise provided in the Contract E-'.' . All warranties and guarantees specificaD1.; , c4 ~ by the SpecifiCations shall expressly run to thr; '. of OWNER. If required by EN~INEER., CONTRA~ . ~hall furnish satisfactory evi~ce . (including' .i Of reqmred tests) as to. the source. kind, and qaaJity.. mall and equipment. All materials and equipment '4l11:be stored, applied. installed, connected, erected, ~ used, cleaned, and conditioned in accordancO i1vH.li instractioDS of the applicable Supplier, exr~t as otherWise Ulay be provided in the Contract Docu- '--r ~. ments. " - . J. 6.04 ~i'Sdiedult! ~.f. u.tt=. .- A..... _ CTOR shall adhere to the progress schedule estab. . _' ~ with paragraph 2.07 as it may be . adjusted . 1line to time as provided below. . I. ~l<ACTOR sbaII BUbmit10 EN~ for accepti1.f :,." " ~ extent indicated in paragraph 2.07) propos:. ~nts in the progress schedule that will DOt ~liimging the Contract TImes (or Milestones). Such '., . .wW conform generally to the progress scbedu1~. .~ effect and additionally wm comply wIth any provisions of the General Requirements applicabll thereto. . 2. Proposed adjustments in the progress schedull tbat will change the Contract Times (or Milestones) sbal ~ submitted in accordance with. the requirements 0: Article 12. Such ad"JUStments may only be made by i Change Order or WrittcD Amendment in accordance wit! , Article 12. . . . 6.0S '::';~~$litutes and .Or-Equals- -' - A. Whenever an item of material or equipment is specified or descnQe6 in the Contract Documents 1;>y using the name of a proprietary item or the name of a particu1ax Supplier, . the' specification or description is intended to establish the type, fondion. appearance, and qUaiity required. Unl~s the specification or description contains or is fonowed by words reading that no like, equivalent, or "or-eq.w" item or no substitution is pc::rmitted, other items of material or equipment or material or equipment of otber Supplie~ may be submitted to ENGINEER for review under the circum- staDccs descnDed belOw. 1. .Or-Equal" Ilf!ITU: If in ENGINEER's sole dbw...tiuu. an ~ of material or equipment proposed by CONTRACTOR is functioDally ~. to that named and ~ Sb:ni1ar $0 that i'iD ~ Tn related Work will be required, it mz;.y be comidcred by'ENGINEER as an .Qr-cqual" item, in which case review and approval of the l1I~di item may. in ENGINEER's sole discretion. be accomp1isbed without compl,iance with some or all of the requirements for approval of proposed substitute items. For the purposes of this. paragraph G.OS.A.I, a proposed item. of material or equipment' will be considered fanctiODally equal to an item so named if: a. in the . aercise of reasonable judgment ENGINEER. det~;'IP-!l that (i) it is at least equal ill quality, durability, appearance. strength. and dcsigD characterlstics; fu") it will reliably pcrfonn M lcas1 equally wc:l1 the function imposed by the desip concept of the completed Project as a functiouinJ whole. and; . b. CONTRACTOR. certifies that: (i) there is nc increase in cost to the OWNER; and (ii) it will conform substantially, evcm wIth deviations, to the ~tailed rcqoircmeuts of the item' named in the Contract Docummts. 2. Substitute Itenu a. If in ENGINEER's sole discretion an item 0: mteria1 Dr eqUipment proposed by CONTRACTOF does not qualify as an .or-cqual" item ande: 00700 -19 \ ....to €I. ,CONTRACTOR shall first make written application to ENGINEER for review of a proposed substitute item 'of material or equipment that CONTRACTOR s~ek:s to furnish or use. The' application shall certify that the proposed substitute item will perfon:n adequately the functions and achieve the results called for by the general design, be similar in substauce to that Specified. and be suited . to the,same use as that specified. The application - . E. ENGINEEk..'s Cost Reimbu.rsemmt: -ENGINEER will ..I., ~will;jtilte the i:XtCDt. if any, to which the use of ~e_ ._.I:eco~ titne r~d by ENOINEBR and ~~~INEaR,'~ pioposc!d substitute item will prejudiCe' Consultants iq. e.v~ substitute p~sed or sUbmitted by , CONTRACTOR's achievement ol Substantial CONTRAcr01t pursnam 1D''Paragrap~ 6.0S.A.2 and 6.05.B .... Completion on time. whether or not use of the and in making changes in the Contract Documents {or in the proposed subst:itute ~m in the . Work wiD 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 . provisions of any other direct coIitract wit!1 OWNER. ENGINEER appro,:es a Substitute i~ so proposed or- for work on the Ptoject) to adapt the design to the submitted by COtITRACTOR. CONTRACTOR shall proposed substitute item and whether or not reimburse OWNER. for the charges of ENGn-lEER and incoJPOration or use of the proposed substitute item ENGINEER's Consultants for evaluating each such proposed'" in c6.nnection with the Work is subject to pa,yment of substitute. any 'lic:~e fee at royalty. All variations of the pro- posed substibite item from that specified will be identitie.d in the application. and available enginee~g, SlaIes. maintenance, repair. and replacement services will be indicated. The application will also contain an iteinited estimate of 6.06 all costs or credits that will result directly or indi- rectly from use of such substitute item, including costs' of redesign and claims of other contractors affectet! by any resulting change. all of whic:h will be considered by ENGINEER in evaluating the' proposed substitute item. ENGINEER may require CON- TRACTOR to furnish additional data about the pro- posed sUbstitute item. paragraph 6.05.A.l. it will be considered a proposed substitute item. b. CONTRACTOR shall submit suffi~ient information as provided below to allow ENGINEER to determine that 'the item of material or equipment proposed is essentially eqUivalent to that named and an acceptable, ~l,l1?stitutC therefor. Requests for review of proposed 'su~stitute items of material or equipment will not re acCepted by ENGINEER from anyone other than ~ONTRACTOR. c. The procedure for 'review by ENGINEER will be as set' forth in paragraph 6.0S.A.2.d, as supplemeilted in the GeD?ral ReqUirements and as, .E~GINEER may decide is appropriate under the circuinstmces. , . . " .~ B. Su1?stitu'te CoizStnldioh Methods or Procedures: If a specific me;:ms, method. technique, sequence, or procedure of construction is shown or indicated in and expressly j- required by the Contract Documents. CONTRACTOR may I-'~ furnish or utilize a substitute means. method. teclmique, sequence. or procedure of constnl~on approved by ENGI- ; NEER. CONTRACTOR shall submit sufficient information \-' to allow ENGINEER, in ENGINEER's sole discretion. to ' determine that the substitute proposed is equivalent to that expressly called for by the Contract DocwneIW:. The proce- r- dure for review by ENGINEER will Pc similar to that I ptovi!ied in sqbPar~~il:ph 6.0S.A.2. ' ' ~ I- C. Engineer's Evaluation: ENGINEER. will be allowed a re~ona~le time within which to evaluate each proposal or subinitW 'made pursuant to para.graphs 6.0S.A and 6.05.B. :- ENGINEER w~n be the sole judge of acceptability. No ",or~!JUa!" or ~b~~tute will be ordered. inStalled or util~ed :until ENGI~~s review is complete, ,which will..be evidenced by either a Change Order for a substitute or an ,1"." approved Shop Drawing fOr an "or equal." ENGINEER will advise CONTRACTOR in writing, of any negative determinatiou. ....' D. Spe~iql Quarf11ltee: OWNER may require CON- TRACTOR to furnish at CONTRACTOR"s expense.a special ...... performance guarantee or other surety with respect to any substitute. F. CONrRA.crOR's Erpen.re: CONTRACTOR shall.... proVide all data in support of any proposed substitute or .or-equal- at CONTRACTOR's expense. Concerning Subcontractors, Suppliers. and Others A. CONTRACTOR shall not employ any Subcontractor. Supplier. or other individual or entity (JIH;luding those- acceptable to OWNER as indicated in paragraph 6.06.B). whether initially or as a replacement, against whom OWNER may have reasonable objection. CONTRACTOR shall not be- required to employ any Subcontractor. Supplier. or other individual or entity to furnish or perform any of ~e Wark against whom CONTR.A,CTOR has reasonable objection. _ B. If the Supplementary Conditions require the identity of certain Subcontractors. Suppliers. or other individuals or .... 00700 - 20 . . - ..~ ... ~ , _I. entities to be submitted to OWNER in advance for acceptance or Supplier which specifically binds the SubContrac.tor ~ by OWNER by a specified date prior to the Effective Date of Supplier to the applicable terms and conditions of' tlJ the Agreement; and if CON~CTOR has submitted a list Contract Documents for the lY-..nefit of OWNER.', aD thereof in accordance with the Supplementary Conditions, ENGINEER. Whenever any such agreement is with. OWNER's acceptance (either m writing or by failing to make Subcontractor or Supplier who is listed as an addition; written objection thereto by the date indicated for acceptance insUred on the property insurance provided in puagrap or objection in the Bidding Doc:umcnts or the Contract 5.06, the agreement between the CONTRACTOR and th Documents) of my &uch Subcontractor, Supplier, or other Subcontractor or Supplier will contain, provisions whereb individual or entity so identified may be revoked on the bask the Subcontractor or Supplier waives, all, rights again! of reasonable objection after due investigation. CON-., OWNER, CONTRACTOR., ENGINEER, ENGINEER' TRACTOR shall submit an acceptable replacemeid: for the ':'., Consultants. and all other indiViduals or entities identified i rejected Subcontractor" Supplier, or other individual or the Supplementary Conditions to be listed as insureds Q entity, and the Contract Price'will be adjusted by the differ- additional insureds (and the officers, directors. part1lers ence in the cost occasioned by such replacement, and an employees. agents, and other consultants and,subCl;)ntrac;tor appropriate Change Order will be ,issued or Written of each and any of them) for all losses and damages causel AmeJldment sigacd. No acceptance by OWNER of any such . by, arising out of, relating to, at rerolting from ~ of thl , SUDcouiraCtOr.' Supplier, or other individual or entity,' peiili or caUSes of loss covered by such policies and' an: whether initially or as a replacement, shall constitute a other property insurance applicable to the Work. If tht waiver of any right of OWNER or ENGINEER to reject insurers on any such policies require separate waiver form 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 fomisbing any of the Work just as A. CONTRACTOR shall pay all license fees ane CONTRACTOR is responsible for CONTRACTOR's own royalties and assume all costs incident to the use in the al?.t3 an4. ~DS. Nothing in the Contract Docwn~ts ~~., . " ~ of the W~k or the inco~ in the, Yfork ~j ~'for:the'bd:icfi1 of any such SubcontraCtor. SUpplier, or'~' 'any'invention, design, process. product, or devi~ which. i! other indiVid1iiJ:or entity aJXt contractl1a1 re1ati0DSbip between '.: 'lh.eSUbject of patent rights or copyrights held by. tJ1h.ers~."; U OWNER or ENGINEaR and any such Subcontractor. a particular invention, design, process. product, or device U 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 perfonnance of the Work and if to the actual knowledge 0: to see to the payment of any moneys due any such SubcOD:- OWNER or ENGINEER. its use is subject to patent rights OJ tractor, Supplier. or other individuaJ.'pr entity except as may copyrights calling . for the payment of any license fee 01 otherwise be required by Laws and Regulations. royalty to others, the existence of such rights shall ~ disclosed by OWNER in the Contract Documents. To thl fullest extent permitted by Laws and Regula.tions CONTRACTOR shall indemnify and hold harmles OWNER. ENGINEER, ENGINEER's Consultants, and th.1 officers, directors, partners, employees or agents, and otbc consultant! of each and any of them from and against al claims. costs, losses, and damages (mcluding but DOt limitel to an fees and charges of engineers. architects, attorneys, an . other professionals and all court or arbitration or othe dispute resolution costs) arising out of or relating to aII infringement of patent rights or copyrights incident to the us in the performance of the Work or resulting from tb incorporation in the Work of any inventlon, design, praces! product, or device not specified in the Contract Documexm D. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other .individuals or entities peFforming or fumishing iny of the Work under a direct or indirect contract with CONTRACTOR. E. CONTRACTOR shall require an Subcontractors, Suppliers. and such other individuals or entities performing or furnishing any ofthc Work to commUI1icate 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 Suppliers or delineating the Work to be performed by my specific trade. 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 Permit: A. Unless otherwise provided in the Supplementar Conditions, CONTRACTOR shall obtain and pay for a construction permitS and licenses. OWNER shall assi: CONTRACTOR, when ~ssary. in obtaining such perm! 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 aru; Regulaticms . A. CO~(::TOR 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 momtoring CONTRACTOR's cqmpli,ance with any Laws or Regulations. .. . 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, ~osses, and damages (mcluding but not limited to all fees and charges 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's primary responsibility to make certain that the Specifications and .Draw~ ,are b;l..accqrdan~ with Laws and ~guIations, but. . ~. - this shall not re1ieve:CPNTRACTOR of CONTRACTOR's obligations uh~r. iP~agr:JWh .3.03. _' . ..... ..w "._..- .. c. Changes in Laws or Regulations not known at the tiIne of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work may ~ the subject of an. adjustment in Contract Price or Contract TJJIles. If OWNER and CONTRACTOR are unable to agree on eDtitleme:nt to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as .provided in paragraph 10.05. 6.10 Taxe.f A. CONTRACTOR shall pay all sales, consumer. use, and other simD.ar taxeS required to be paid by CONTRAC- TOR in accordance with the Laws and Regulations of the 'place of ~ Project which are applicable during the performance.'of the Work. 6.11 Use of Site and Other Ar~as A. Limitation on Use 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 1- unreasonably encumber the Site and other areas with construction equipment or other materials or. equipmen.t. 1',.._ CONTRACTOR shall assume full responsibility for any . damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas 1_ resulting from the performance of the Work. ! 2. Should any claim be made by any such owner or occupant because of the perfo~ of the Work. 1- \ CONTRACTOR shall promptly settle wJth such other party. by negotiation or otherwise resolve the claim by arbi~~fioi:1 or oth~r dispute resolution proceeding or at I- l~. ' 3. T() the fullest e~nt permitted by Laws and !_ Regulations, CONTRACTOR shall indemnify and hold harml.es~ 9WNER, ENGINEER, ENGINEER's Consultant.....and the. officers, directors, paftners,. , .. employees, agents, and other consultants of each and any of them from and against all claims, costs, losses, and damages (mcluding but not limited to all fees and charges of engineers, architects, attorneys, and other professionals .!,.. and all court or arbitration or other ~spute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant ... against OWNER. ENGINE~ or any other party indeIIinificd hereunder to the extent caused by or based .. . ?PO!l ~ONTRACTOR's performance of the Work. . ;rq.v: ..;t. ..:;.: .".. . . I - I B. ,R:emov.al.,of .Debris During Performance oj t1u Work:. , DuriIig the proiress of the Work CONTRACTOR shall keep '. . the Site and other areas free from accumulations of waste ..... materials,.rubbish, and other debris. Removal and disposal of such waste materials, mbbish, and other debris shall con- form to applicable Laws and Regulations. , .... 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 - CONTRACTOR shall remove from the Site all tools, appliances. coDStru,ction equipment and machinery, and surplus materials and shall restore to original condition all _ property Dot designated for alteration by the Contract Documents. . D. Loading StructllTe~: CONi-RACTOR shall not 10a4:.- nor permit any part of any structlJre to be loaded in any' mariner that will endanger the structure, nor shall. CONTRACTOR subject any part of the Wor~ or adjacent - property to stresses or pressures that will endanger it. 6.12 Record Doacments - A. CONTRACTOR shall maintain in a safe place at the Site one record copy of all Drawings, Specifications._ Addenda, Written Amendments, Change Orders, Work 00700 - 22 " ~~ J Change Directiyes, 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 available to ENGINEER for reference. Upon completion of the Work. these record documents, Samples, and Shop Drawings will be delivered to ENGINEER for OWNER. 6.13 Safety and Proteo/io..n I -. : .' '. A. CONTRACTOR shaIl be soiely responsible for initiating. m:lin~ining and supeivising all safetY precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent'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 storage on or off the Site; and " -),. , . 3. other property at the Site Or adjacent thereto, including trees, .~s, lawns, willes, pavements, roadways, structui-es,1JtilitiCs, and Underground Facilities not desigDatcd for remoVai; "relOCation, or replacement in the course of construction. -; -) B. CONTRACTOR shaIl comply with all applicable La.ws and Regulations relating to the safety. of persons or property, or to the protection of perSons or property from damage, injury, or loss; and shall erect and ma.inhlin all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and other utility ownen when prosecution of the Work.may affcci them, and shall cooperate with them iD. the protection, removal, relocation, and replacement of their property. All damage, injury, or loss to any property referred 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 directly or indirectly employed by my of them. to perform my of the Work. or anyone for whose acts any of them may be liable, shaD 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 Con- sultant, or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not 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 sh.a1l continue untD. such time as all the Work is completed and . ENGINEER has issul!'d a notice to OWNER: and CONTRACTOR in accordance with paragr!1ph 14.07.B that the Work is acceptable (except as' otherwise expressly provided in connection with Subst2ntial Completion). 6.14 Safety Representative A. 'CO~CTOR shall desigrui~. a qualified and experienced safety representative at the 'Site whose duties and responsibilities shall be the prevention of accidents and the ma;nhlining and supervising of safety precautions. and programs. 6.15 Hazard Comnumicanon Programs' 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 be~een or among employers at the Site in accordance ~ Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or .adjacent : thereto, CONTRACTOR is obligated to act to prevem tbrCatcned damage', 'iiijui1, or loss. CONTRACroR shalL give ENGINEER. prompt written notice if CONTRACTOR believes that any significant changes ~ the Work at variations from the Contract Documents have been caused thereby or are 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. All submittals will ~ identified u ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings wm be complete with respect to quantities~ dimen- sions, specified performance and design criteria. materials, and similar data to show ENGINEER the services, matcrial~, and equipment CONTRACTOR proposes to provide !II1d to enable ENGINEER to review the information for the limited purposes required by paragraph 6.17.R. 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 submitta1&. 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 ta enable ENGINEER to review the submittal far the limited purposes required by paragraph 6.17.E. The numbers of each Sample to be submitted will be as specified in the Specifications~ C. Where a Shop Drawing or Sample is required by the Contract Documents or- the schedule of Shop Drawings and Sample submittals acceptable tl? ENGINEER as required by paragraph 2.07, any related~'Work perforriled prior to ENGINEER's reYiew 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 measurement:s, quantities, dimen- sions, specified performance criteria, installation requirements, materials, catalog numbers. and similar information with respect thereto; b. all materials witb. respect to intended use, fabrication, slfipping, hllndling. ,'storage,' 'assembly, , 'aI1.ll instaUatfnil pertaining ~6.the performance of the Work; . . . :.. I- '. . . .::.: '::. ~t..:"'.. ,.-:. . c. all information relative to means, methods, techniques, sequences, and procedures of construc- tion and safety precautions and programs incident thereto; and ',:' d. CONTRACTOR shall also have reviewed lmd 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. Bleh submittal shall bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with. respect to CONTRACTOR's~ew 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 I . Drawing and Sample submitted. to ENGINEER for review and approval of each such variation.. \ - E. ENGlNEER's Review 1. ENGINEER will timely review and approve! - Shop Drawings and Samples in accordance with the ' 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 J , the submittals will, after installation or incorporation in I " the W orIc, conform' to the information given in the 1- Contract Documents and be compatible with the design , concept of the completed Project as a functioning whole as indicated by the Contract Documents. \ - i 2. ENGINEER'~ review ~ 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 \- incident thereto. The review and approval of a separate ,_ item as such will not indicate approval of the as~em.bly in which the item functions. " \- I 3. ENGINEER's review and approval of Shop' Drawing$ or Samples shall- not ~lieve CONTRACTOR i- from responsibitity:. ~ my va:ria,tion froni the require- 1 menta of !he Co~ pocm.m;nts unless CONTRACTOR. ., has in Writing caIled":ttNGn-mElt's attention to each such variation at the time of each submittal as required by "- paragraph 6.17.D.3 and ENGINEER has given writte1.l approval of each such variation by specific written notation thereof incorporated in or accomp~g the "- Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR .from . responsibility for complying with the requirements of. paragraph. 6.17 .D .1. F. Resubmittal Procedures .'f 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 ~d, 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 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 CONTRACTOR's' General Warranty and Guarantee A. CONTRACTOR warrants and guarantees to OWNER, ENGINEER, and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not.be defective. CONTRA~TOR's warranty and guaran~,h~reDDdcr excludes defects: or damage caused by: 1. abuse, modification, or improper ~tenance or operation by persons other than CONTRACTOR, Sub- contractors, Suppliers, or any other individual or entity for whom CONTRACTOR is responsible; or -: . .; .. 2. nomial wear and tear 1lIlder normal 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 Comact DocumcIJts or a release of CONTRAcToR's obligation to perform the Work in accordance with the Contract DocumeiJts: : 1., observations ~ ENGINEER;-: :-0 .. ..;' . "';.-", . . 2. recomrnend:ltion by ENGINEER or payment by OWNER of any progIeSS ot final payment; 3. . the issuance of a certificate of Substantial Completion by ENGINEER or any paYment related thereto. by OWNER; · 40 use or oc:cupancy of the Work or any part thereof by OWNER; s. any a.ccept:.a1ice 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 acceptabil- ity by ENGINEER.; 7. any inspection, test, or approval by others; or 8. any correction of defective Work by <?WNER. 6.20 InrIemnqi.cati01l A. To the fullest extent permitted by Laws and Regula- tions, CONTRACTOR. shall indemnify and hold harmless OWNER, ENGINEER., ENGINEER's Consultants, and the officers, directors, partners, employees, agents, and othcr consultants and si1bcontra.ctors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to aU fees and charges of engineers, architects, attorneys, and other professionals and' an coUrt or arbitration or other disPute resolution costs) arising out of or relating to the performance of the Work, provided t1iat any such claim, cost, loss, or damage: 1. is attn'butable to bodily injury, sickness, disease, 9r death, or to injury' to or destruction' of ~gib1C? "/''';propeIty (other than the Work itself), including the loss of use resulting therefrom; and 2. is caused in whole or in part by any negligent act or omission of CONTRACTOR, any $ubc:oDtractor, any Supplier, or any individaaJ or entity direci1y or indirectly. ~ employed by any ofthcm 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 negligence or omission of an individual or entity indem- nified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such individual or entity. B.' .m: any and all claims against OWNER. or ENGINEER. or my of their respective coDsu1tants. agents, officers, directors, partners, or employees by any employee (or the survivor or personal repr=Cid:ative of such employee). of " CONTRA.CTOll, any ~r, a,q Supplier, dr any individual Or rioti1J dircQly or iridirect1y employed by any of them 10 P=form any of the: Work. or anyone for whose acts any of them. may be liable, the indemnification obligation under paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, ~~ ~ benefits payable by or for CONTRACTOR or any mch Subcontractor, Supplier, or other individual. or entity UDder workers' cOmpensation acts, disability benefit acts, or other employee benefit acts. C. 'The indemnification obligations of CONTRACTO~ under paragraph 6.20.A shall not extend to the liability of ENGINEER and ENGINEER's Consultants or to the officers, ~rs, partners, employees, agents, and other CODSUltauts and subcontractors of each and any of them arising oat of: 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Speciiications; or 2. giving directions or instructions, or fail.iDg to give them, if that is the primary cause of the injury or damage. 00700 - 2S ARTICLE 7 - OTHER WORK ~ 7.01 Related Wort' at Site A. OWNER may perform 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:illl?e', given to CON- TRACTOR prior to starting any such other work; and ., , ~. '. 2. if OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent. if any, of any adjustment in the Contract Price or Contract 'runes that should be allowed as a result of such PthCJ;' work, a Claim may be made therefor as provided in paragraph 10.05. ~ -. ~... D.. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER., if OWNER. is perfoiming the other work with OWNER's employees) proper and safe access to'the Site and a reasonable opportunity for the intr~duction and storage of materials and equipment and the execution of such other work and shall properly .eoordina.te the WC?rk with theirs. Un1esll otherwise provi~ ~ the Cootrac;t~~ments, CON- TRACTOR shaIl d~ all CUtting'.. fitting. ~ J?atching .,?f, the .' Work that may be reqaired to properly co~ Dr otherwise make itI several parts come togeth=r and PIPperly integrate with such other work. CONTRACTOR shall not endanger any work. of others by cutting. excavating. or otherwise altering their work and will only cut or . alter their work with the written consent of ENGINEER. and 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 suqh utility owners and other cont:ractors~ r-.~~.1 c. If the proper execution or rCSl.lim of any part of CONTRACTOR's Work depends upon work peIfonned. by . others under this Article 7. COliXRACTOR. shaD. 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 Work. CONTRACTOR's failure to so report will conStitute an acceptance of such other work as fit and proper for integration with CONTRACTOR'. Work except for latent defects and deficiencies in such other work. 00700 - 2~ )- 7.02 Coordination A. If OWNER intends to contract with others for thel- performance of other work on the Project at the Site. the following will be set forth in Suppleme~ Conditions: \_ 1. the individual or entity who will have authority - and responsibility for coordination of the activities among\ . the various contractors will be id,entified; - . .. 2. the spc=cific matters to be covered by such .. authority and responsibility willl:>e iteIf1ized; and \ - 3. the extent of such authority arid responsibilities \- B. Unless otherwise provide~ in the Supplementary Conditions. OWNER shall have sole authority and respon- \_ sibility for such coordination. will be provided. ARTICLE 8 - OWNER'S RESPONSmn..ITIES \- " 8.01 Communications to Contractor i-- I A. Except as otherwise provided in these General Condi- tions. OWNER' shall issue ;dl comm1micaUons to I CONTRACTOR ~ghBNGINEER:-i . .~, . . :;: - . .-. :.. .- ;. ~ 8.02 Replacemt!1It of ENGINEiR .- ,. . .. .i.- A.. In case of termination of the employment of ENGI- NEER. OWNER shall appoint an engineer to whom CONTRACTOR. makes no reasonable objection. whose status ... under the Contrilct Documents shall be that of tbC former ENGINEER.. 8.03 Furnish Data .. A. OWNER. shall promptly furnish the data required of OWNER under the Contract Documents. ...' 8.04 Pay Promptly When Due A.. OWNl;R shall ~ payments to CONTRACTOR - promptly when they Ire due as provided in paragraphs 14.02.C and 14.07.C. . - 8.05 Lands and Easements; Reports and Tests A. OWNER's duties in respect of providing lands and- casements and providing. engineering surveys to establish reference points arc set forth in paragraphs 4.01 and 4.05. Paragraph 4.02 refers to OWNER's identifying and making- available to CONTRACTOR copies of reports of explorations '1" i _1 ..." . .:"Ii -" and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface strUctures at or contiguous to the Site that ha~e been utilized by ENGINEER in preparing the Contract Documents. 8.06 Insurance A.. OWNER's responsibilities, if any, in respect to pur- chasing and m:dnt~ining liability and property insurance are set forth in Article S. ,'J i. . 8.07 Chtmg~ Orden ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 OWNER'S Representative A. ENGINEER. will be OWNER's representative during the construction. period. The duties and rc;spons~ilities and the limitations of authority of ENGINEER as OWNER's representative ~g .construction are set forth in the ConIract Docwneiits and will not be changed without written consent of OWNER and ENGINEER. A. OWNER is obligated to execute Change Orders as 9.02 Vi.rits to S"Jle indicated in paragraph 10.03. A. ENGINEER. will make visits to "the Site- at intervals appropriate to the various stages of constIUction as ENGINEER deems necessary in otder 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.executed Work. Based on information obtained during stiCh visit& and observations, ENGINEER, fQr the benefit of OWNE;R. will determine, in g~ if the A. The OWNER shall not supervise, direct., or bave Work is proceeding in accordance with the CcmI:ract control or a.u.thorlty over, nor be responsible" for, Documents. ENGINEER. will not be required to make CONTRACIOa's m~ methods, teclmiques, sequences, exhaustive or continuous iDsp=ctions on the Site to cbcck the ~',~., or'-procectares of constrUction, or the safety precmtioJ:ts'and . quality or quantity. of.the Work.: ENOlNEER.'& efforts will oJ . ..program. bP~ thento, or for ;my fai1ura.of ~ be directed toward.proYiding for OWNER a-greater c1cgree -. .: . TRACTOR to cmpp1y with Laws and Rrip:illtiiirii"i.ppliCab1e - of confidcoce that the completed" Work WiII cOnform to the performance of the Work. OWNER will not be generally to the Contract Documents. On the basis of such responsible for CONTRACTOR's failure to perform the visits and observations, ENGINEER. will keep. OWNER Work in acCordance with the Contract Documents. informed of t1m progress of the Work and will endeavor to .,. guard OWNER. against dcfectivc Work. " _:) *'.....:...;Co.:. .. .. ". :..-?':.'lo 8.08 - InspeCtions, Tests, and ~provaU A. OWNER's responsibility in respect to certain inspec- tions, tests, and approvals is set forth in paragraph 13.03.B. 8.09 Limitatioru 011 OWNER's Responsibilities 8.10 Undisclosed 1Ia:Qmloul EnvirOnmental Condilicm A. OWNER's respoiJsibiIity in respect to an undisclosed Hazardous En~t:ll CoDdition is set forth in paragraph 4.06. 8.11 Evidence of Furandal Arrangements A. H and to the cxteBt 'owNER. has agreed to fumish CONTRACTOR. n;asouable evidence that tinaDcial arrm~ts have been made to satisfy OWNER's obliplinn, under the Contract Docoments, OWNER's responsibility in respect thereof wm be as set forth in the Supplementary Comtidons. B. ENGINE.ER.'s visits ~d observations are subject to aU the limitations OD ENGINEER's authority and responsibility set forth in paragraph 9.10, and particDIarly, bat witho1Jt Iimita1ion, dmiDg or as a result of ENGINEER's visits or obscrvaticma of CONTRACTOR's Work . ENGINEER wm DOt supervise, direct, control, or have authority over or be IeSpODSlble for CONTRACTOR's means, mcthodi, tec1miqnes, sequences, or procedures of ccmstroctioD., or the safety precautioDs and programs incident thereto, or for any fai1me of CONTRACTOR. to comply with Laws and Regulations applicable to the pcrfuTmSlnt:e of the Work. 9.03 Project Representative A. If OWNER. and ENGINEER agree, ENGINEER will furnish a Resident Project Rep~entative to ~sist ENGINEER in providing more extensive observation of the Work. The responsibilities and authority and limitations thereon of any such. Resident Project Representative. and assistants will be as provided in paragraph 9.10 and in the Supplementary Conditiom. If OWNER designates anotheI 00700 - 27 A: ENGINEER may authorize minor variations in the A. ENG~ will be the initial interpreter of the Work from the requirements of the Contract Documents requirements of the Contract Doc:uments and judge of the ..... wbicb. do not involve an adjustment in the Contract Price or acceptability of the Work thereunder. Claims, disputes and the Contract Times and arc compaUole with the design oth~ matters relating to tl1e a~cqttiQiJit:y of the Work, the concept of the completed Project as a functioning whole as Q\'~~titi~ and. classificatioDS of Vnit Price Work,' the .... . i'P?i.~~~4:qy. tbe . Contract DocumeDls. These may:.;.~t ,~.inteIprctation of the ~ements of the Cont:raceDttCUb:1ents ~E1.P!t'!~~,.py, a Field' Order and 'will be binding ?n:.:..:.peJ;ta.ining to the performance of the Work., ~.Cl~. OWNER ~and also on CONTRACTOR. who shaI1 perf6nn' - seeking changCs in the Contract Price or ContraCt Times Will the Work involved promptly. If OWNER. and ~ONTRAC-: ~ rcfeired initially to ENGlNEER in writing, in accordance ... TOR'are unable to agree on entitlement to or on the amount with the provisions of paragraph 10.0S, 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 Fi~ld 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 CODBultant, 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 lnterpretation:r A. ENGINEER will issue with rc;asonable promptness sUCh written clarifications or interpretations of the re~- mehts of the Contract Documents as ENGINEER may deter-' mine. necessary, which &hall be conqistent with the intent of and'reasonably inferable from the Contract Docu,ments. Stich written clarifications and interpretations will. J:>e binding on OWNER and CONTRACTOR. If OWNER and CON- TRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract .Price, or .Q:l:Qtract Times, or both, that should be allowed as' . a result of'a. 'written: clarification or interpretation. a Claim may be made therefor as p~ovided in paragraph 10.OS. 9.05 Authorized Variations in Work ~, 9.06 Rejecting Defective Work A. ENGINEER will have authority to disapprove or reject Work which .ENGINEER believes to be defective, or that EN!JINEER believes will not produce a completed ~ect that confoIms to the Contract DocumcntB or tbat will prejudice the integrity of the' design concept of the completed Project as a functioning whole as indicated by the C~ Documents. ENGINEER..roD. also have authority to require special inspection or testing of the Work as provided in paragraph 13.04, whether Dr not the Work is fabricated, installed, or completed. 9.07 Shop Drqwings, Change Orders and I: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 as to Change Orders, see Articles 10,. 11, and 12. . 1- \- C. In connection with ENGINEER's 2;uthority as to Applications for Payment, see Article 14. j"'" i 9.08 Determinations for Unit Price Work . A. ENGINEER will determine the actu?1 quantities and \- classificatioDS of Unit Price Work performed by CONTRACTOR. ENGINEER. will review'.with CON- . TRACTOR the ENGINEER' s pre1im'Q~T)' ~~r:mbia.tiOIl9 on \'- such matters before rendering a written decision'thereon (by recommendation of an Application for Payment or otherwise). ENGINEER's written decision thereon will be \_ final and binding (except as modified by ENGINEER to reflect changed factual conditions or more accurate data) ;upon OWNER and CONTRACTOR, subject. to. "ttho provisions of paragraph 10.05. . r 9.09 pecisions on Requirements of Contract Documents and Acceptability of Work ' I- .... B. When functioning as ~rpreter 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 interpretation or decision rendered in - good faith ip. such capacity. The r~ndering of a decision by ENGJNEER pursu~ 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 precedeD1 to my exercise by OWNER.' or CONI:RACTOR of _ . such rights or ~es as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such Claim, .dispute, or other matter. 9.10 Limitations on ENGINEER's Authority and Respon- sibilities 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 A. 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 requir~d by have au~ority over or be responsible for CON:fRACTOR's. ,,'the Contract Documents as 'aItl'Cnded, modifietl, or means, ~ethods, techniques, sequences, or. p'!=~cedures of ,_~upplemented as provided in paragrapJ.r 3..04, except. ~ the . constIUction, or the safety precautions and programs incident : case of an emergency as provided in paragraph 6.16 or iD. the thereto, or for any 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 responsible for 10.03 Execution. o/Change Orders . CONTRACTOR's failme to perform. the Work in accordance . with. the Coi1lract Docaments. () or responSibility or the tmdertaking, exercise, or performance of: any authority or responsibility by ENG1NE~ shall create, impose, or give rise to any duty in contract. tort, or otherwise owed by ENGINEER 10 CONTRACTOR, my Subcontractor, any Supplier, any other individu~ or entity, or to any surety for or employee or agent of any of them. :'".: -' I h . III.::': C. ENGINEER will not be respODSlble for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier. or of any other individual or entity performing any of the Work. Directive, a Claim may be made therefor as provided in paragraph 10.0S. . 10.02 Unauthorized Changes in the Work _ A~ ,9WNER and CONTRACTOR shall execu~ . apptopnatc Change Orders recommended by ENGINEER 'Cor , . Written Amendments) covering: 1. changes in the Work which are: (i) ordered by OWNER pursuant to paragraph 10.01.A, (n) required . because of aCceptance of defective Work under para- graph 13.08.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, ccrt:ificates of inspection. tests and approvals, and . .rother, doctirIt~~!ipn required to be deliVered by p~;raph" ,i:_ .'" .. :2; changes in the Contract Price or Contra!:t,T!!Il~, - ~. . -14.07:A~'~~ ~ to detemlinc generaJly'~'thcir ~ _. '.' .." :..~~~ arc agreed to by the ~artics~. inclwmrg, 'my, ;J ..com.plies:-w1tli-:- the reqoircments of. and m the' case. of :,:; ,:UOOispu.ted sum or amount of time for, Work' actUaUy ',~ ce.rtificates of inspections, tests, and approvals that the results perfocned in accordance with a Work Omnge Directive; . certified mrn~ compliance with, tlie Contract Documents. and B. The limitations upon authority and responsibility set forth in this paragraph 9.10 shall also Spply to ENGINEER's Consultants, R.csidcnt: Project R.epresentative. and assistants. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 AJllhoriz.ed Changu 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 Am~dmenl, a Change Order, or a Worle Change Directive. Upon receipt of my such document, CONTRACTOR BhaU promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract DocamcDts (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 Contract 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 which embody the substance of any written- decision rendered by ENGINEER. pursuant to paragraPh 10.05; provided that, in liea 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 durlng any such appeal, CONTRACTOR shall cany on the Work ~ adhere to the progress schedu1e as provided in paragraph 6.18.A. 10.04 Notification to Surety A. If notice of my change affecting the general scope of the Work or the provisions of the Contract Documents fmclnding. but not limited. to. Contract Price or Contract Tunes) is required by the provisions of any Bond to be given to a surety, the giving of any such' notice will be CONTRACTOR's responsibility. The amount of each applicable Bond wiD be adjusted to reflect the effect of any such change. 00700 - 29 10.05 Claims and Disputes . . .~'. .l!.a!i..c~: .W~!l A<;,>~t;e s~tin~ ~~J~.e~~ AAture of each aaim, dispute, or other matter shall be delivered by the claimant to ENGINEER and the other party to the Contract promptly (but in no 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 ENG:lNEER allows additional time for claimant to submit additio~ or more accurate data in support .of such Claim, dispu.te, or other matter). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of paragraph 12.0l.B. A Claim for an adjustment in Contract Tune shall be prepared in accordance with the provisions of paragraph 12.02.B. Each Claim shall be accompanied by claimant's written statement that the 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 wii:hin 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing p.~. ~. any. ENGINEER's written decision on such cwm:: .mspute, or other matter will be final and binding UP.!JIl: Q~.~.'CONTRAcrOR unless: '. '1. an appeal from ENGINEER's decision is taken wit:1rln. the time limits and in accordance with the dispUte resolution procedures set forth in Article 16; or ,. . 2. if no such dispute resomtlon procedures have been set forth in Article 16, a written notice of intention to appeal from ENG~ER's written decision is delivered by OWNER or CONTRACTOR to the other. and to ENGINEER. within 30 days after the date of such dc6moD, and a formal proceeding is insti~ted by the appeaI~g party in a forum of competent jurisdiction within 60 days after the date of such decision or within . 60 da.ys after Substantial Completion, whichever is later (unless otherwise agreed in writing by OWNER and CO~CTOR). to exercise such rights or remedies as the appe!lling party may have with resr..ct to such Claim.; dispute, or other matter in accordance with applicable Laws and Regulations. C. If ENGINEER does not render a formal decision in writing within the t:iIn= stated in paragraph IO.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 the claimant or the last submittal of the opposing party, if any. .. 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. J.., ARTICLE 11 . COST OF THE WORK.; CASH AU..OW ANCES; UNIT PRICE WORK ... 11.01 Cost of the Work .... . :;~ . ... .. .: ':A.. . Costs Included: The term Cost of the Work mearu the sum of all costs necessarily incurred ~ paid by CON TRACTOR.in the proper performance of the Work. When the value of any Work covered by a Change Order or whef'" a Claim for an adjustment in Contract Price is determined OJ the basis of .Cost of the Work, the costs to be reimbursed to CONTRACTOR willbe only those additional or increm6ritaJ.. . costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise; maybe agreed to in writing by OWNER, such costs shiul be in amounts no higher than those prevailing in the locality d*" the Project, shall include only the following items, and sha1 not.include any of the costs itemized in paragraph 11.01.B. - 1. Payroll costs for employees in the direct emplo: of CONTRACTOR in the performance, of the ~ork , :'IJDde~ schedules of job classifications agreed upon bJ.. . ."OwNER and CONTRACTOR. Such employees shaJ '.: :~.~ 'Wi'lhDpt limitation superintendents, foremen, ~, other personnel employed full time at the Site. . Payroll costs for employees not employed fuR time on the Wor"""' shall be apportioned on the basis of their time spent 0 the Worlc. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits.o. which shall include social securitycontributiom, lJIlem ployment, excise, and payroll taxes, workers. compensation, health and retirement benefits, bonuse~ sick leave, vacation and holiday pay applicable theretc The expenses of performing Work outside of regul,-_ working hours, on Saturday, Sunday, or legal holidays, shall be Uicluded in the above to the extent authorized 11- OWNER. 2. Cost of'all materials and equipment farnishC51. ~ incorporated in the Work, including costs: ~ transportation and storage thereof. and Suppliers' fiela . services required in connection therewith. AU cas,l), . discounts shall. accrue to CONTRACTOR unle: OWNER deposits funds with CONTRACTOR wit... which to make payments, in which case the cash discounts sbaIl accrue to OWNER. All trade discountr rebates and refunds and returns from sale of surph materials and equipment shall accrue to OWNER, and CONTRACTOR shaIl make provisions so that they Il1r' 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 a~ptable. If any subcontract provides that the . "Slibconttactor is to be paid on the basis of Cost of the '. W6rk .plus a fee, the Subcontractor's Cost of the Work ~ci" fee shall be' determined in the 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 e~gineers, ~hitects, testing laboratories, surveyors, attoineyi~ ";tD.d accoUntants) employed for services specifically related to the Work. S. Supplemental costs including the following: a. The proportion of necessary transportation. travel, and subsistence expenses of CONTRACTOR's employees incurred in dis~ of duties connected with the Work. b. . Cost;, inc~g transportation and mainte- nan=, of 'an "'materials, Supplies, equipment, wh;nery;.-tppiiaiibes1~i3ffice, and temporary facili- ties at the Site, md hand tools not owned by the wotkcrs, which are consumed in the performance of the-Work, md cost, less market va,lue, of such items used but Dot consumed which remain the property of CONTRACTOR. '-. c. Rentals of all construction equipment and macl1in.ery, and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER witJl the advice of ENGINEER, and the costs of transportation, loading, unloading, assembly, dismmtling, and removal thereof. AU such costs &hall be in accordance with the terms of said rental agreements. The rental of any such equipment, ma- cbim:ry, or parts shall cease when the use thereot is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which CON- TRACTOR is liable, imposed by Laws and Regu- latioDS. 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 dedllCtlble amounts of property-insUrance . established in accordance with paragraph.S.06.D), pr.ovided 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~sscs. 'shaD include settlements made with' the - written t:oDsent and approval of OWNER. No sUch losses, damages, and expenses shall be included in the Cost of the Work for the purpose of detennining CONTRACTOR's fee. g. The cost of utilities, fuel, and. sanitary facilities at" the Site. . h. Minor expenses such as telegrams, long . distance telephone calls, telephone service at the " . -Slle, expressage, and similar petty cash items in cmiDed:ion With the Work. ,",:,,::~~./~.~; :.-. .~.... i. When the Cost of the Work is used to determine .the value of a Change Order or of a Cairn, the cost of premiums for additional Bonds and insurance reqaired because of the changes in the Work or caused by the event giving rise to the Claim. j. When all the' Work is performed on the basis of cost-plus, the costs of premiums for all Bonds and iDsorance CONTRACTOR is required by the Contract Documents to purchase and maintain. B. CoS!S Exdrufed: The term. Cost of the Work shall not include my of the following items: 1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnerships and sole proprietorships), general manag- era, engineers, architects, estimatora, attomeys, audi- tors, accountants, parchasing and contracting agents, . expedIters, timekeepers, clerks, and other personnel employed by CONTRACTOR, whether at the Site or in CONTRACTOR'a principal or branch office for general administration of the Work and DOt specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.0 I.A.1 or specifically covered by paragraph 11.01.A.4, all of which lU'e 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 Jue 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 IlUpplieli;,', 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.Ol.B. C. CONTRACTOR's Fee: When aU the Work is performed on the basis of cost-plus. CONTRACTOR's fee shall be deicnnined as set forth ip. the Agreement. When the 'value of any Work cover~,by a Q1.~ge Order or when a Claim for an adjustment in Contiaci Price is determiI1ed on the basis of Cost ~f the \Y~1s CQ~~OR's fee shall be detennined. as set fortq in paragraph 12.01.C. D. Documentation: ~r the Cost of the Work for any purpose is to be determined purSuant to paragraphs 11.01.A and 11.01.B, CONTRACTOR will establish and maintain records thereof in accordance with g~nerally accepted accounting practices and submit in' a form acceptable to ENGmEER an item.iz.ed cost breakdown together with. supporting data. '11.02 Cash Allowances A. It is understood that CONTRACTOR has included in the Contract Price an allowances so named in the Contract Documents and shall ca:usc 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 unloading and handling on the Site, labor, installation costs, overhead, profit, and other 'expenses contemplated for the allow- r- ances have been included in the Contract Price and not in the allowances, and no demand for additional paymeJ.... on account of any of the foregoing will be valid. ! B. PriQr to final 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 ~ce shall br- correspondingly adjusted. 1 11.03 Unit Price Work r- A. Where the Contract Documents proyide that all 0'.. part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Prio- Work an amount equal to the sum Qf the unit price for eacl separately identified "item of Uni~ Price Work times the estimated quantity :of each. item as, indicated in the Agreo- ment. The estimated quantities of ~tems of Unit Price Wor) are not guaranteed. and are solely for the. purpose 01 comparison of Bids and determining an initial Contract Price.... Determinations of the actual quantities and classifications 0 Unit. Price W~rk perfonned by CONTRACTOR will b made by ENGlNEER subject to the provisions of paragraph 9.08. ~ B. Each unit price will be deemed to include an amount' considered by CONTRACTOR to be adequate to cove;.. CONTRACTOR's Dverlieati and' profit for each separatel identified item. ".... :..,.~'., ~,. C. OWNER or CONTRACTOR. may make a Claim fc- an adjustment in the Contract Price in accordance wit , paragraph 10.05 if: - , 1. the quantity of any item of Unit Price WOI performed by CONTRACTOR differs materially ana' significantly from the estimated quantity of such, ite~ indicated in the Agreement; and - 00700 - 32 - ARTICLE 12 - CHANGE OF CONTRACT PRICE; rJ CHANGE OF CONTRAct TIMES '~r :) - - ' -"J 12.01 Change of Contract Price A. The Contract Price may only be changed by a Olange Order or by l!- .Written Amendment. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by . tlie party maldng the Claim to the ENGINEER and the' other party to the Contract in accor- dance with the provisions of paragraph 10.OS.. B. The value of any Work covered by a Change Order or of any' Claim for an adjustment in the Cr;>ntract Price will be determined as fonows: .;::.~ .... ~ 1. where the Work involved is covered by unit prices contained in the Contract Documents, by applica- tion of such 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 coDta.ined in the Contract Documents, by a mutually agreed lump sum (~f?h. may include an allowance for overhead and' profit .Dot. necessarily in accordance with.paragraph 12:()1..C..~); PI' .. 3. where the Work .involved is not covered by unit prices ~d in the Contract Documents and agree- ment to a lump sum is not re~ed under paragraph 12.01.B.2, on the basis of the,.Cost Qf the Work (determined as provided in paragIaph 11.01) plus a CONTRACTOR's fCe for overhead and profit (deter- mined as provided in paragraph 12.01.C). C. CONI'RACI'OR', Fee: The CONTRACl'OR's fee for overhead and profit shall be determined as follows: 1. a mutually acceptabl~ fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based aD the fonowing pcrccntages of the various porticms of the Cost of the Work: a. for costs incurred under paragraphs 1l.01.A.l and 1l.01.A.2, the CONTRACTOR's fee shall be is 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 arc on 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 11.01.A.l and .11.01.A.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee of five percent of the amount paid to the next ~ower tier ~~tor; . - _ . d. no fee shall be payable on the basis of costs itemized under paragraphs 1l.01.A.4, 11.01.A.5, and 11.01.B; e. . the amount of credit to be allowed by CONTRACl"OR to OWNER.for. any change which resalts in a net decrease in cost will be the amount of the actual net decrease in. cost pIllS a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and f. whCn both additions and credits are in- volved in any one change, the adjus~erit in CONTRACTOR's fee sbaU be computed on the basis of the net change in accordance with para- graphs 12.01.C.2.a ~gh 12.01.C.2.e, inclu- sive. -. ~ ~..J!+"~.t+ r.. .'''. '. ",,", 12.02 Chtmge of Contract 7ima A. The Contract T"1DlCS (or Milestones) may only be changed by a Chinge Order or by a Written AmendmCnt. Any Claim for an adjustment in the Contract Tunes (or Mi1cs1oDes) shall.be based on written DOtice submitted by the party JIInldng the claim to the ENGINEER. and the 'other party to the Contract in accordance with the provisions of paragraph 10.0S. B. Any adjustment of the Contract Times (or MilestDnes) covered by a Change Order or of any Claim for an adjumuem in the Contract Tnnes (or Milestones) will be de:t~dlduwd in ac:cordanco with the provisions of this Article 12. 12.03 Delays Beyond CONJ:RACTOR', Control A. Where CONTRACTOR' is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract TUnes (or Milestones) will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in paragraph 12.02.A. Delays beyond the control of CONTRACTOR shaD. inclodc, but not. b= limited. to, acts or neglect by OWNER, acts or neglect of utility owners or other ~ntractors performing other work as contemplated by 00700 - 33 Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God.. 12.04 Delays Within CONTRAcrOR's Control A. The Contract Times (or M~estones) will not be extended due to delays within the control of CONTRACTOR. Delays attributable to and within the control 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 . .:.L. ,:"'llid CONTRACTOR, an extension of the Contract f'mleS (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., my SubcoDl:ractor, any Supplier, or any other person or organization.; or to, any surety for or '.. .... '. . _e~layee or agent of any of them., for ~ges' ~~g ~ut tlf ".: "."'''.. 'or tesu1ting from.:' .. '. ,'.-. ,'. , . .. : ~ "...:... 1 ~ delays caused by or wi~ the control of CON- ~CTOR; or 2. delays beyond the control of both OWNER. and CONTRACTOR including but 'not limited to fires, floods, epideuiics, abnonnal 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 it. change in Contract Price pursuant to this Article 12 to compensate CONTRACTOR due to delay, interference, or disroption directly attributable to actions or inactions of OWNER or anyone for whom O~ is responsible. ARTICLE 13 - TESTS AND INSPECTIONS; CORRBCTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which OWNER or ENGINEER has actual knowledge will be given i- to CONTRACTOR. All defective Work may be rejected,,_ corr~cted, or accepted as provided in this Article 13. . i 13.02 Access to Work A. OWNER, ENGINEER, ENGINEER's Consultants l- ather representatives and personnel of OWNER, independen~ testing laboratories, and governmental agencies With'r jurisdictional interests will have access to the Site and the, Work at reasonable times for their observation, inspecting, and testing. CONTRACTOR shall provide them proper and i- safe conditions for such access ..anti a.d.vise them at CONTRACfOR's Site safety procedures.and programs so - that they may comply ther~with as applicable. j",., 13.03 Terts and Inspections A. CONTRACTOR shall give ENGINEER timely,l,... notice of readiness of the Work for all required inspections, tests, or approvals and shall coope.rate with inspection and . testing 'personnel to facilitate. required inspections or tests. ... B. OWNER shall employ and pay for the services of an - independent testing laboratory to perform all inspections, tests, or approva,ls required by the Contract Documents- except: ..1. for inspections, .tests, or !!-P.P~9va.!-a covered b,.... paragraphs i3.03.C and 13.03.0 below;" . .0. 2. that I:9sts incurred in ccmnection with tests o~ inspections conducted pursuant to paragraph 13.04.E shall be paid as provided in said paragraph 13.04.B; anc. 3. as otherwise specifically provided in .the Con'" tract Documents. . C. If Laws or Regulations of any public body havinJloL. jurisdiction require any Work (or part thereof) specifically 1:( be inspected, tested, or approved by an employee or othel representative of. such public body, CONTRACTOR shalL assume full responsibility for arranging and obtaining suel inspections, tests, or approvals. pay all costs in connectio:- therewith., and furnish ENGINEER the required certificates of inspection or approval. - D. ,CONTRACTOR shall be responsible for arranging and obtaining and shall pay all 'COSts in connection with an.... inspections, tests, or approvals required for O~'B an ENGINEER's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mb;.. designs, or equipment submitted for approval prior 1 CONTRACTOR's purchase thereof for incorporation in the' Work. Such inspections, tests, or approvals shall '= performed by organizations acceptable to OWNER ar . ENGINEER.. I 00700 - 34 . B. If ENGINEER considers it necessary or advisable !hat covered Work be observed by ENGINEER. or inspected 13.07 Correction Period or tested by others, CONTRACTOR. at ENGINEER's .' request, shaD uncover. expose. or otherwise make avmlable A. If Within one year after the date of Substantial for observation. iDspection, or testing as ENGINEER. may Completion or such longer period of time as' may be require. that portion of the Work in qaestion.. furnishing aU prl:Scribed by Laws or Regulations or by the terms of any necessary labor.l1':dP.ti:al, and equipment. If it is found that applicable special guarantee required by the Contract . ... 'such Work is dcfcctivc. CONTRACTOR shall pay':aU :,:;.Documcuts or by any ~ provision of;the. ~ _ ~..\ - :Chiims~ 9DSts, losses. -apd ~ges (mc~ding bat ~t ~d ~ D~. any Work is found ~ be defective; or if the J to all fees and charm:s of cngmeers, archi1ccts. attotDefs,.and .' ~ -rcpm of any damages to the land or areas:made aviibblc,for other professionals ami aU court or ~tration or othc?r CONTRACTOR's use by OWNER or peIIilitted. by Laws md dispute resolution costs) arising out of or relating to 'SUCh. R.egiJlatioos as contemplated in paragraph 6.11.A is found to uncovering,. exposure, observation, inspection. and testing. be defective. CONTRACTOR shall promptly, without cost and of satisfactory replacement orreconstroction (mcluding to OWNER and in accordance with OWNER's written but not limited to ail costs of repair or" replacement of work in$tructions: (i)' rqr.n, such defective land or areas. or (n") of othets); 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 !O been rejl=Cted by OWNER., remove it from the Project and agree as to the amount thereof, OWNER may make a Claim replace it with Work that is not defective. and (ill") satlsfac- therefor as pro~ded in paragraph 10.05. If, however, such torily correct or repair or teIllOW and replace any damage to Work is not foond to be dc(ective. CONTRACTOR shall be other Work, to the work of others or other land or areas allowed an inCrease in the Contract Price or an extension of resulting therefrom. If CONTRACTOR does not promptly the Contract Tunes (or Milestones). or both. directly attribot- comply with the terms of such instructions, or in an able to such uncovering, exposure. observation, inspection, emergency where delay woald causl: serious risk of loss or testing, replaceme:ut, and reconstruction. If the parties are damage, OWNER. may have the defective: Work corrected or unable to agree as to the amount or extent thereof, repaired or may haw b rejl:Cted Work removed and CONTRACTOll may make a Claim therefor as provided in replaced, and an Claims. costs, losses, and damages paragraph 10.OS. ,mcluding but not limited to all fees and charges of enp...ers, atchitccts. attori1eys, and other professionals and an court or arbitration or other dispIm: resolution costs) arising aut of or relating 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) wDl be paid by CONTRACTOR. ~ ./ ~.. -:. - ! , -) A. CONTRACTOR shall correct all.defective Work, whether or not fabricated., ~~cd. or 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 Claims. costs, losses, and damages [mcluding but not limited to all fees and charges of A. If any Work is covered cODlraIy to the wri~ engineers. architects, attorneys, and other professionats and request of ENGINEER, it must. if requested by ENG~ all court or arbitration or ~ther dispute resolution costs) bC'uDcPVered fo'r ENGINEER's observation and replaced at.....:. 'arising' out of or relating to such correction 'or removal' CONTRACTOll's expense. . (mcluding but not limited to all costs of repair or replacement of work of othen). E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by CONTRACTOR without written COIlCUIl'ence of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation. r. Uncovering Work as provided in paragraph 13.03.B shall be at CONTRACTOR's expense unless CON- TRACTOR has given ENG~ timely notice of , .. CONTRACTOR's intention to cover the same and ENGI- NEER. bas not acted with reasonable promptness in rcspPDSe .:-10 such notice. . . " \ 13.~ Uncovering Work '. 13.05 OWNER. May Stop 1M Work A. If the Wark is defective, or CONTRACfOR fails to supply sufficient skilled workers or suitable materials or equipment, or falls to perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order 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 tt) exercise .this right for the benefit of CONTRACTOR, any Subcontractor, any Supplier, any other individual Dr entity, or any surety for, or employee or agent of any of them. 13.06 'Correction or Removal o/Defective Work B. In special circumstances w~ a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that 00100 - 35 C. All Claims, costs, losses, and damages (mcluding 13.08 Acceptance of Defective Work " but nbt limited to all fees and, charges of engineers, . y." '. , architects; attorneys, and other professionals and air court or:'" A. If, instead of requiring correction or removal and arbitration or other dispute resolution costs) ineurred or 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 wUl be charged against CON-J... ENGINEER) prefers to accept it, OWNER inay do so. TRACTOR, and a Change Order will be issued incorporating CONTRACTOR shall pay aU Claims, costs, losses, and. the necessary r!Msions 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- 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 Caim therefor as provided'in paragraph 10.QS. '. ~l?ep.t: ~,defective Work (such costs to be ~ve(tby. ,Such claims, costI, losses and damages wiIl.inclU!ie but.nou... . ENGINEER as to reasonableness) and the riimini!:hed ViIlie:P: be 'limited.to all costs of repair, or replaCement of work' 01 .-::.9k;' tbe.::.Wort . to the. cxlenI: not otherwise paid:;J~y.:...~;,:~~ destroyed or damaged by correcticm;-'i.emovaJ. :01" ~ CONTRACTOR pursuant to this sentence. If any such replacement of CONTRACTOR's defective Work. . acceptance occurs prior to EN'GINEER's recomm.cndation of ~ . final payi;nent, a Change Order will be issued incorporating D. CONTRACTOR shall not be allowed. an extensior the necessary revisions in the Contract Documents with. of the Contract Tunes (or Milestones) because of any delay respect to the Wor~ and OWNER. ~ be 'entitled to an in the performance of the Work attn1mt.able to the exercise br"" appropriate decrease in the Contract Price, reflecting the OWNER of OWNER's rights and remedies under thi: riiminb:hed value of Work so accepted. If the parties are paragraph 13.09. unable to agree as to the amount thereOf, OWNER may make a Claim therefor as provided iD. paragraph 10.OS. If the acCeptance occurs after such ICCOI11l;IlCndanon. 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, the 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 sa.tisfactorily completed. ~;'. D. CONTRACTOR's obligations under this paragr~ph_ .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. ,. '00 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 to reuiove -and replace rejected. Wark'as required by ENGINEER. in accoroance with paragraph 13.06.A, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may. after seven days written notice to CON:TRACTOR, correct and remedy my such deficiency. . B. In exercising the rights and remedies under this paragraph, OWNER - shaD proceed expeditiously. In ;- connection with. such corrective and remedW action I ,- OWNER may exclude CONTRACTOR from all or part o~ the Site, take possession of all or part of the Work and' suspend CONTRACTOR's services related thereto,. take possession of CONTRACTOR's tools, ~ppliances, con-j- struction 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 butl- which are stored elsewhere. CONTRACTOR shall allow \ OWNER, OWNER's representatives, agents and employees, OWNER's other contractors, and ENGIliEER andl- ENGINEER's Consultants access to the Sire: to enable I OWNER to exercise the rights and b:m~dies under this I paragraph. ' .... i .... ARTICLE 14 - PAYMENTS TO CONTRACTOR ANL . COMPLETION -.{ 14.01 Schedule of Values .~., A. 'The Bchednle of values established as provided i: paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Applicatiolil.. for Payment acceptable to ENGINEER. Progress paytnent on account of Unit Price Work will be based on the number of UDits completed. ~': 00700 - 36 -I ~ -,' >.,,;:") . . - -- -, 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 Application for Payment . filled out and signcdd by CONTRACTOR Covering the Work complete~ as of the date of the Application and, accd'mpanied by such supporting. documentation as is required by the Contract Documents. If payment is requested on ,the basis of matcriJli and equipment not incorporated in the Work but. delivered and suitably stored at the Site or at another location agreed to in writingi ' the. Application for Payment shall also be accompanied: by a bUl 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 insurance or other arrangements to protect OWNER's interest therein. all ofwbich 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 classificatiOl1$;for Unit Price Work, under paragraph 9.08; and to any 'other qualifications stated in the recommendation); and c. the . conditions precedent. to CONTRACTOR's being entitle.d to such payment .. . ,appear to have been fulfilled in so far as it is . '. '\:';ENGINEER's responsibility to obse~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 perfonned have been .exhaustive, extended to every aspect of the Work in progress. or involved detailed inspections of the W~rk 2. ~Cg1nn"': with the second Application for beYOnd the responsibilities specifically assigned to Payment. each. Application sbaJl include an affidavit of ENGINEER in the Contract Documents; pr (ii) that CONTRACTOR stating that all pl'evicms progress .:;..... ..-thetc'.maynotbeother'mattersoriss11e,.between-thc" payib~' ~ivccJ on ~QWt of the Work have been ... -parties that might entitle CONTRACTOR to be 'paid . ~ca;':'6Ji;~~ to discharge CONrRA.Cl'OR's. C' ~:':i(.:.,;:ad'dititmBlly by OWNER or entitle OWNER. to'witl:ili.Old':4~.; legitimate ob1i8"tions asSociated with prior Applications payment to CONTRACTOR. for PaYment. 3. The amount of retainage with respect to pro- gress payments will be as stipulaid in the Agreement. B. Review of Applications 1. ENGINEER will. within 10 days after receipt of each APJ?lication for Payment, either indicate i,n writing a recommendation of payment and .present the Application to OWNER or return the Application to CONTRACTOR indicatinr in writing ~GINEER's reasons for refusing to recommend payment. In the latter case, CONTRAc;T9R may make the necessll!Y corrections and resubmit the Application. ) 2. ENGINEER's recnmmendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER; based on ENGINEER's observatioDS on tb" 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: 4. Neither ENGINEER's review of CONTRACTOR's Work for ~ innPoses of recom- mending payments nor ENGINEER's recommendation of any payment, including final payment. will impose responsibility on ENGINEER. to supervise, direct, or control the Work or for the means, methods, teclmiques, sequences. or procedures of constrocti~ 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. AdditionaDy. said review or recommendation will not impose responsibility on ENGINEER to make any examination to ascertain how or fur what purposes CONTRACTOR has used the IDODeyS 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 ind clear of any Liens. S. ENGINEER may refuse to recommend the whole or any part of any payment if, bi ENGINEER's opinion, it woa1d 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 te~, 00700 - 37 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 bas been damaged, requiring correction or replace- ment; b. the Contract Price has been reduced by Written .Amendment or Change Orders; ~:' ~ c. "OWNER has' lY-...en required to correct defective Work or complete Work. in accordance with. paragraph 13.09; or . d. ENGINEER has actual knowledge of the OCCUII'ence of any of the events enumerated in para- graph lS.02.A. J . c. Payment Becomes Due 1. Ten days after presentation of the Application for Payment to OWNER with. ENGINEER's recom- mendation, the ~ recommended wm (subject to the provisions of paragraph 14.02.0) become due, and when due will be paid by OWNER to CONTRActOR. D.. ;R.educticm in.Rcrymmt . 1. owNER; m&y .refuse to make payment of the full amount recomm~nded by ENGINEER becai1sc: . a. claims have been made against OWNER on account of CONTRACTOR's.performance or fur- nishing of the Work; ;' b. . Uens have been filed. in connection wi1h the Work, except wh~ CONTRACTOR has delivered a speCific Bond satisfactory to OWNER to secure the satisfaction and disch'arge of such Liens; c. there arc other items entitling OWNER to a set-off against the amount recommended; or "d. OWNER. bas actual knowledge of the 0CCUf- 'imcc of any of the events enumera1ed in paragraphs .: ""14~02.B.S.a through 14.02.B.5.c or paragraph IS.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 8lI)' amount remaining after de?uction of the "amount so withheld. 1-- OWNER shall promptly pay CONTRACTOR the amount so withheld, or any adjustment tD.e1;eto agreed to r by OWNER and CONTRACTO~ when CONTRAC-I- TOR corrects to OWNER's satisfaction the reasons for' such action. . 3. If it is subsequently determined' that OWNER's )- refusal of payment was not justified, the amount . wrongfully withheld shall be treated as an amount due as \_ determined by. paragraph 14.02.C.1.' 14.03 :~f?NTRAcrOR's Wan:anty of Title I \0000 \ A. CONTRACTOR warrants and guarantees that title to all Work, materials, and equipment covered by any I Application for Payment, whether incorporated in the Project ... or not, will pass to OWNER no later than. the time of paym~nt free ~~ 7~ear of all Uens. . '1 - 14.04 Substantial Completion A. When CONTRACTOR considers the entire Work L ready for its intended use CONTRACTOR shaD notify OWNER. and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by i CONTRACTOR as incomplete) and request that ENGINEER ""'" issue a certificate" of Substantial Completion. Promptly thereafter, O~ CONTRACTOR, and ENGIliEER "shall make an ipSpectioIl of the Wor,k to determine the status ';L 'of completion. if ENGINEER does not conSider the Work substanti:illY: ':'complete, ENGINEER will "notify" CONTRACTOR in writing giving the reasons therefor. If I ENGINEER considers the Work substantially complete...J... ENGINEER will prepare and deliver to OWNER. a tentati:ve certificate of Substantial Completion which shall fIX the date of Substantial ComPletion. There shall be attache4 to the..l.. certificate a tentative list of items to be COJIlpleted or corrected before iiMl payment. OWNER shall have seven days after receipt of the tentative certificate dm.~ wbich to .,i. make written objection to ENGINEER as to 2D;Y provisioDS 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 Writing, stating the reasons therefor. If, " after consideration of OWNER's objections, ENGINEER"'; ~cibsiders the Work substantially complete, ENGINEER'will within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial_ Completion (with a revised tentative list of items to ~ completed or corrected) refle,cting such changes from the tentative certificate as ENGINEER believes justified after CQosideration of any objections from OWNER. At the time,," of delivery of the tentativ~ certificate of Subst~al Comple~ tion ENGINEER. Will deliver to OWNER and CONTRAC- TOR a written recoIDII1c;ndation as to division ofresponsibili-'" 00700 . 38 ""' ~ l' "", ;....... 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 gu~antees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's is~g the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation. will be binding on OWNER and CONTRACTOR until final payment. ,..' .,: . B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWl:ffiR, shall allow CONTRACTOR reasDoable access to complete or correct items on the tentative list. 14.05 Partial Utilization . - , A. Use by OWNER at OWNER's option of any substantially completed part of the Work which has 5PecificalJy been identified in the Contract Documents, or which- OWNER.,. ENGINBER, and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intenI'ed pmpose withOut .significant intcrfereDce with CONTRACTOR.'s perfonnpnce of the remainder of the Work, may be accomplished pdpr ~ ~'CoJIWktiOn of all the Work subject to the ~nowing ~onS. - .-) ...., . .:.. ... .'al=:"":'J.~".'''.\.~.'.'''.' 1. OWNER at any time may request CON- TRACTOR in writDi.i to permit OWNER to use any such part of the Wark which. OWNER believes to be ready for its iDtendcd use and substantiaUy complete. If CONTRACTOR agrees that sucii part of the Work is substantially complete, CONTRACTOR will pertify to OWNER. and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any t:im= may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the WOIk 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 . I reasonable time after either such request, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of that part of the Wmk to determine its status of completion. If ENGINEER. docs 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 Completioo. of that part of the Work and the division of responsibility in respect thereof and access thereto. - . ) 00700 - 39 2. No occupan.cy or separate operation of p~ of the Work may occur prior to compliance with the requirements of paragraph 5.10 regarding property insurance. 14.06 F'rnallnSpection .. A.' Upon written notice from CONTRACTOR that the - 'en$'c Work or an agreed portion thereof" is compiete. ~9INEER will -promptly make a final inspection witli OWNER and-o:CONTRACTOR and will notify CON- TRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take snch measures as are necesf;ary to' complete such Work or remedy such deficiencies. 14.07 Finitl Payment A. Application for Payment , 1. . After. CONTRACTOR has, in the opinion of ENGINEER, satisfactorily completed all corrections identified during the final inspection and has iielivercd, in accordance with the Contract Documents, an main- tenance and operating iDstructi.ons. schedules. guaran- tees, l3?ndS#Crtifil#tcs or C?tber evidcnc:e of insurance 0 .certUir.;Jtes of inSPeCtion, marked-up record dOCPlPents (as provideciompa'ragriplr6.12), and other documeJ1ts, . CONTRACTOR may make application for final payment fonowhig the procedure for progress payments. 2. . The i;inal Application for Payment shall be accompanied (except as previously delivered) by; (i) all documcn1aIion called for in the Contract Documents, including but not limited to the evidence of insuram:e required by subparagraph 5.04.B.7; (ii) consent of the mriqr, if any, to final payment; and ("Iii) complete and legally effective releases or waivers (satisfactory to OWNER) of aU Lien rights arising out of or Liens filed in CODDCCtion 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 furnish receipts or releases in full and an affidavit of CONTRACTOR that; (i) the releases and receipts include all labor , services. . material, and equipment for which a Lien could be filed; and (U) 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 Subccmtractor or Supplier fails to furnish such a release or receipt in full, ~ONTRACTOR may fumish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. r ) ~ I I . 1 F..- I . J . .1 B. Review of Application and Acceptance 1. If, on the basis of ENGINEER's observation of thd Work during construction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Appli~~iion for Payment, indicate in writing ENGINEER's re~~endation 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 PayPient . 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 1. Thirty days after the p.resentation to OWNER of the Application for Payment and accompanying docu- mentation, the amount recomrpP-l"!rted by ENGINEER 'will become c:lt1e'and, wirg1\hi~; ~fii be p~ by OWN- ER to CONTRACTOR.,.:....:. ...." .' .. J . "'.Ji.';~ rA":';.;..t; ,,..0.'. 14.08 Fmal Completion Delayed A. . If, through no fault 'Of CONTRACTOR, final completion of the Work is signifi~tly delayed, and if ENGINEER. so confirms, OWNER Shall, upon'receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminllting the Agreement, make payment of the balance due for that portion of the Work, fully completed and accepted. If the remaining ba1mce 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 shall be submittect ';by CON- TRACTOR to ENGINEER with the Applica60n for such payment. .Such paymeni shall be made under the terms and conditions gOVerning final payment, except that it shall not constitute a waiver of Claims. 14.Q9 Waiver of Claims . A. The making and acceptance of final payment will constitute: j.. I 1. a waiver of all Claims by OWNER against CONTRACTOR, except Claims arising from unsettl~ .. Liens, from defective Work appearing after rmL inspection pursuant to paragraph 14.06, from fallure to comply with the Contract Documents or the terms of a.ri' special guarantees specified therein, or froi .. CONTRACTOR's continuing obligations under tfu. Contract Documents; and I I- I I 2. a waiv!;.r. of all Claims. by. CONTRACTOI against OWNER. ,other than those previously made in writing which ar.~ -still unsettled. 1_ ARTICLE 15 - SUSPENSION OF WORK AND (_ TERMINATION ' I . ..~.~ 1J-:. \- 15.01 OWNER. May Suspend Work .A. At any time and without cause, OWNER m~ suspend the Work or any portion thereof for a period of n~ more than 00 consecutive days by notice in writing to COl' TRACTOR and ENGINEER. which will fix the date on whiCh Work will be resumed. '.CONTRACTOR shall resume tl\.. Work on.the date Sll fixed" .CONTRACTOR shall be allowe an adjustmeDt in the' ContraCt Price or an extension of tL Contract Times, or .both, ~t1y attributable to any Sue" ~ suspension if coNti&:€ifuR.:'~akcl! a Claiin therefor (- provided ~ paragI'3;J?~o\!O;Q,~.'7 ~,...' 15.02 OWNER May'';I'erminatefor Cause .L A. The occurrence of anyone or more of tho foIlowiIt.~ events will justify termination for cause: J. 1. CO~CTOR'& persistent failure to perfer the Work in accordance with the Contract Document,\: (mcluding, but not limited to, failure to supply spfficieo* skilled workers or suitable materials or equipment ' failure .lo adhere to the progress schedule established under paragraph 2.07 as adjusted from ~me to tin;al pursuant to paragraph 6.04); 2. CONTRACTOR's disregard of Laws 0- - Regulations of any public body ~'Ying jurisdiction; . , . 3. CONTRACTOR's disregaid of the mthority ol ~G~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 paragrapl: 15.m.A occur, OWNER may; after giving CONTRACTQI (and the surety, if any) seven days written notice, termin: 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 machinery 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), incorporate in thb Work an materlals and equipment stored at the Site or for which OWNER.ha$ paid CONTRACTOR but which are stored elsewhere. ani:i finish the Work as OWNER may deem. expedient. In .suc~~case, CONTRA~TQR shall not.be entitled to receive anY further payme~ until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims. costs, losses, and damages (mcluding but not limited to all fees and charges of engineers, architects, attomeys, and other professionals and all court or arbitration or other dispute resoiution. costs) sustained .by OWNER arising out of or relating to completing the' Work, 'such excess will be paid to CONTRACTOR. If such claims, costs, losses, and damages exceed such unpaid balance. CONTRACfOR 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 ENGlNEER, incorporated in a Change Order. When exercising any rights or remedies under this paragraph owNER sball not be required to obtain. the lowest price for the Work performed. . ..::.: -:- 0".. ..~.... . . "l..u...~ " :, . - l C. Where CO~CTO~'s: ~e~ces have been so ~ '. terminated by OWNER, the tenniDa.tiOn.~1lOt.affect my rights or ~M;es of OWNER against CQNTRACTOR then existing or which may thcrcil.fter accru~ Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liabfi:ity. 15.03 OWNER. May Tuminate For Cbrrvenimce A. Upon seven days written notice to CONTRACTOR and ENGINEER. OWNER may. without cause md without prejudice to any other right or remedy of OWNER. elect to terminate the Contract. In such case. CONTRACTOR shall be paid (without duplication of any itelD5): engineers. architects. attorneys, and 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 attn1mtable to termination. B. cri}.JTRACTOR sbali'not be paid on account of loss of anticipate4 profits or revenue:. or other economic loss arising out.of or resulting from such termination. 15.04 CONIRAqOR May Stop Worlc or Terminate .A. If. ~gh no act or fault of CONTRACTOR. the Work is suspended for more than 90 comccutive days by OWNER or under an order of court Or"either public authority, or ENGINEER faits to act on any AppHca.tion for Payment within 30 days after it is submitted, or oWNER fans for 30 days to pay CONTRACTOR any sum finally determined to be du" 1hen CON'IRAcroR may, upon seven days written notice to OWNER. an4 ~GlNEER, and provided OWNER. or ENGINBER do not remedy such suspension or failure witbin that time, terminate the Contract 8Dd recover from OWNER payment on the Eame terms as prOvided in paragraph. 15.03. In lieu of term;nlltlng the Contract and withoot ..~.;- to' ~. ":...1.. r remcd: if ENGI- ~"'.I---- any -7T':r'"':~ g y, NEP has &i1ed to act on aD. ~~ for Payment within 30 ~ after it is ~-bt'"OWNE.R: has falled for 30 days to pay CONTRACTOR my sum finally dctcIIDied to be due. CONTRACTOR may t seven days after written notice to OWNER. and ENGINEER., stop the Work until payment is made of an such amounts due CONTRACfOR., including interest thermn. The provisions of this paragraph 15..04 are not intended to preclude CONTRACTOR from J1':l1mlg a Claim UIJder paragraph 10.OS for an adjustment in Contract Prlc~ or Contract 'runes or otberwis~ for expenses or damllgf! directly attributable to CONTRACTOR"s stopping the Work as permitted by this paragraph. . ARTIClB 16 - DISPUTE RESOLUTION 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 ProcetIuu rcascmable sums for overhead and profit on such Work; ') 2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor t materials. or equipment as required by the Contract Documents in connection with uncompleted Work. plus fair and reasonable sums for overhead and profit OIl such expenses; 3. for all claims, costs, losses, and damages (including but not limited to all fees and charges of A. Dispute resolution methods and procedures, if any, shaD be as set forth in the Supplementary Conditions. If no method and procedure has been set forth, and subject to the provisicms of paragraphs 9.09 md 10.05, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise bave under the Contract Documents or by Laws or Regulations in respect of any dispute. 00700 - 41 I- I ARTICLE 17 - MISCELLANEOUS I- I " 17.01 Giving Notice I r- I 1 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 de~vered at or sent by registered or certified mail.. postage prepaid, to the last business address known to the giver of.the.notice. ~. i _. , . .0:-.' 17.02 Computation of Times 1- A. When any period of time is referred to in the ContraCt Documents by days. it will be computed 1:9 exclude the first and include the last day of such periqd. If the last. day of any such period faIls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. " . ", . ~, I ~ 17.03 . , Cumulative Remedies .I... A. The 4.uties ;qul obligations imposed by these General Conditions an'd tlle'rlkhts and. remedies avaD.aQle hereunder to the parties hereto ate in addition to, and are DOt to be construed in. any way as a limitation of,; any, rights BDd remedies available to any or an of them wliic1i. are oiherwise' >;; ,.i:qJposed or avai\able by La~B..oI;.~~o~,::-by spedal wammty or guarantee, or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as. if repeated specifically in the Contract . Documents' in connection with each particular dnty. obligation. right. and remedy to wJrlch they apply. 17.04 Survival of Obligations . ".. .::1- ....:.... ...~t .:;.. - ... t:. . ,':'. ;,;''f=:''!o, .o;.:!. ... ... ... - A. An representations, indemnifications, wammtics, and guarantees made in, reqaired by, or given in accordance with the Contract Documents, as wen as all continuing obligations indicated in the Conttact Documcuts, will survive final paymeJit, completion. and acceptaDce of the Work or termination or completion of the Agreemcm. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in. which the Project is located. ~. \ 00700 - 42 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 2005 La Porte Sidewalk Replacement Project Sheet No. 1. 2. 3. Title Cover Sheet Project Locations Standard Details 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. SECTION 14.01 - SCHEDULE OF VALUES Add the following sentence to the last paragraph: The OWNER, the City of La Porte is a tax-exempt governmental entity, Tax 10 No. 74-6001552. Add the following paragraph after the above sentence: Owner is exempt from Texas sales and use taxes pursuant to Texas Tax Code S151.309 as a political SC-1 - flIP - ,.,. .,., ,,-.< (MIl .,., .,., .. 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 - - - ~. - - 'I/JI/IIi'" - ... ~ " ,;; ;!' . .J , ~ . .~ , t ...j -' ~UUl PREVAILING WAGE RATE DETEBMINATtON BUILDING CONSTRUCTION TRADES COUNTY NAME: HARRIS Data Prlnted: A~11115r 1991 CLASSIFICA nON . Rate Health Pension ' Vacation ' Total Wage ASaESTOS WORKER $9.00 50.00 $0.00 50.00 $9.00 CARPENTER . $1B.23 $2.15 $1.17 SO.OO $'19.56 CAAPET1.AYERlFLOORING INSTALLER $8.00 $0.00 SO.OO $0.00 $8.00 CONCRETE ANISHER $10.00 50'.05 $0.25 $0.04- $1 0.34 DATA COMMUNICATlONIfELECOM INSTALLER $11.99 $0.18 $0.00 $0.06 $12.23 DRYWALL INSTALlERICBUNG INSTALLER $1 1.00 , $0.00 $0.00 . $0.00 $11.00 ELECTRICIAN $13.2.7 $0.79 ' $0.27 50.41 $14.75 ElEVATOR MECHANIC $18.02 $3.85 $2.19 S1.50 $25.55 ARE PROOFING INSTALLER $11.00 $0.00 50.00 ~O.OO $11.00 GLAZlER $12.53 50.79 $0.00 $0.72 $14.04 HEAVY EQUIPMENT OPERATOR . $13.48 $0.14 I' $0.16 $0.02 $13.79 !NSUlATOR . $15.76 $3.06 ", 51.$4 $1.00 $21.48 IRON WORKER . $13.37 $0.00 $0.00 $0.00 $13.37 'LABoRER/HElPER . $8.12 $O.~ $0.07 $0.06 S8.Sa LATHERlPlASTERER $15.10 $2.1~ $1.00 SO.OO $18.22 .uGHT EQUIPMENT OPeRATOR' $1.1.46 $0.30 $O.~ $0.02 $12.13 MASON $14.55 ;0.48 $0.24 ;0.00 '15.27 . METAL BUILDING ASSEMBLER $1 0.00 $0.00 $0.00 . $0.00 $1 0.00 MILLWRIGHT $15.91 $1.63 $1.00 $0.00 $18.54 PAINTEPJ:'NALl COVERING INSTALLER $11.83 $0.87 . $0.43 $0.16 $13.10 P1PeFIlTER $18:.38 $3.25 $2.06 $0.00 $23.69 PLUMBER I $19.33 $2.40 $1."5 .$0.54 $23.72 ROOFER $1 0.00 $0.00 $0.00 ;0.00 $'10.00 SHEET METAL WORKER $1".56 . $1.19 $0.62 ;0.141 . .$18.5:2 SPRINKLER FITTER $18.25 $3.40 $2.24 $0.00 $23.89 TERRAZZO WORKER $0.00 . $0.00 $0.00 $0.00 So.oo TiLe S=1TER $10.00 $0.00 $0.00 $0.00 "'0.00 WA TERPROOFERlCA.UI...KEA 511..52 ~~DO $0.00 SO.OO $11".52 . 50.00 In Ule rats field indicates "Insufficient data was re.calved to determine it prwaJling wa;a ~e for this c!assif=Uon. Government Cede TJtJe 10, Section 2258.02.3, paragraph estates:. A contractor or eubcoRtractor does nat YIolats this section if a pubUc body awarding il contract does not determine the prsvalTmg wags rates and speCify the rates In the contract as provided in Section 2258.022. ~ Praperty cf GencraJ Semces Comm1s3lcn Bas.ecI on 1996 Surwy Rlsulls S'C-3 --- ~.&..:.L'~ J&.;,..L\,'.&. ......L:"oJ Gener2I Services Commission 1711 San !acinto - P.O. Box lJ047 Austin, Te::~ 7a711-3047. '\ Web Site: www.gsc..state.[.:(.us (S 12) 403-3035 .Pertinent lnformation to All PublIc E.ntItIes Usfng Prevailing Wage Rate Determinations - Produced by the General ServIces Commisslon . . 1. The O?ntracUng entJty awarding ar.y cOntract for non-federally funded. public wones-constructlon prole-cts (regardless of size or donar value) shall include in bid specification documants and contract documents a. prevailing wage rata determination of per dIem wages for the locaUty in which the work is lo be performed. . for each craft or type of workman or mechanIc needed to executa the contract. The PrevaIling Wage Rat~ Determination is defined as (1) the PrevalUng Wage Rate DetennlnatJon Informa~on sheet (document .. numbi!r WR1001), (2) the Pre\>ailing Wage Rate Determination for Building Construction Trades. and (3) tha Department of Labor (DOL) Heavy Highway Determination. The DOL Heavy Highway rates are to be p~d to wo~ers engaged in sUa work determined to be fIVe (5) fect beyond the building, extending to the property boundarY_ . . . .. 2. It shall be the responslbllHy of the contractlng entity to ensure that the General .Contractor posts the applicable Prevalling W~ge .Rata- Determination In a prominent. ~ accessJble place. at 'the work 5lte. 3. It shall be the r!3sponsibUity of the contracting entity to ensure that not lass .than the posted. sp~fied rates are paId to all classifications of workmen. mechanics and laborers employed by tha General Contractor and/or Subcontracto~.In the execution of their contract wIth the contracting enUty, and to ensure that atl workers fit Into one of the listed worker classifications for work of a slmUar character. For example, . welders are to be paId the rala of pay tor the trade they are working for. . . . 4. It shall be ttie responsibmty of the contracting entity to take cogn~ca of Wage rate disputes andfor romplcUnts of all violations of the provisIons of Chapter, 2258 Texas Government Code nUe 10. 5. It shalf be tf}e responslbmty of the contracUng entity to address the issue Of fringe benefits in the bid . specifIcation documents and contract. documents. The PrevaIfing Wage .Rate t?etennlnatIons produced ~y the ,General Services Commission include fririge benefits In the total wages. The bId specffication documents and contract docurnenti need to specify whether t.he c:onlracting enfity Is requiring that frin~e bene fils bEt paid. ). It shaD be the resp'onslbility of the contracting entity to' address the Issue of the use of apprer:tices ~d tl:ie(r payment rate In the bId specification documents and contract documents. The ra.~es speclfied .In the Prevalfing Wage Rate DeterrnlnaUon produced by the General Services Commlsslon are Journeyman rates.. fflStoricaRy, the apprentice rate Is commensurate with the experience and skiD of the workur. For example, on GSC projects. apprentices are paid at a rate of not more than 60% of the Journeyman's wage. Also on GSC 'pr~jacts, at no time shaU a joumeyinan_supervise rno~a than ona (1)apprentice. .. Note: The tenns Ioumoyman and apprentlce .apply to bpth unIon .and tndependent workers, and are not Intended to imply that these posItions are union workers only. . . . . Some Prevamng Wage Rate DeterminatIons for BuDding Construction Trades may Indicate $0.00 I~ the . ,'"Tol.aJ Wage- column, rather than a dollar amol;lnL In such eases, The General Services CommISSion dId not recefve sufficIent survey data lo tabulate a prevailing wage for this wOrker dassifieatlon. In the specified area.. and can not provide a prevaiUng wage rats for this classification. Where this occurs, . General Contractors and Subcontractors shalf not be bound Lo a prevaffing wage rate {or the classIfication in quesfion. . . WR1Or.G ~ 1:l3 . ........... S'c- q' . . _ ~ ...........w~ IqJ uuz - I 1- -< I I r - I - j - - ,":to- . .. ~: ..~ .,~ - General Services Commission 171 ( Sanladnto - P.O. Box 1~041 AU::lin. Tens 7111 r -3047 Web She: www.gsc:.statc.1J:.us (.S 12) 463-3035 \ Prevailing Wage Rate Determination InformatIon The followlng infonnation from Chapter 22SS Texas Government Code TItle 10 should be inc1uded in your bid specificaUon documents and contract documents: 225a~021. Duty of Governmental Entlty to Pay PrevaIlIng ,!,age Rates (a) The state or any polItJ~ subcfMsion of tf:\e state shaJl pay a worker employed by It or on behalf of it (1) not less than the genBraI prsvalfmg rate or per dIem wages for wor1c of a similar character In the locality in which ttle work Is performed; and. , (2) nst less than the general prevaIIlng tate of per diem wages for legal holiday and ovortime work. (b) Subsection (a) do~ not apply to maintenance WorX. . (c) A woCker Is employed on a pubac work for the purposes of this sectfon Ir the worker Is employed by a contractor or subcontractor in the execution of a contract for the pubfic work with the state. a poDtical subdMsion of the state. or any officer or public body of the slate or a pontical subdivision of the state. 2258.023. Prevailing Wage Rates to be Paid by Contractor and Subcon~ctor; Penalty (a) The contractor wno is awarded a conlract by a public: body or a subcontrador of the contractor shaU pa)' not lass than the rates determined under Section 2258.022 to a worker employed by it in the execution of the contract . (b). A contractor or subcontractor who vlCl(ates this section sha.1I pay to the state or a polltical subdMsion of the! stale on whose behalf the centrad is ma.de, $60 for each worker employed for each calendar day or part or the "day that the worker Is.pald less than the wage ~tes $Upulated In the contract. A public body awarding a contract shall specify this penaltY in the conlra.ct. Note: This penally appUes even if the contractor or subcontractor and the worker come to an agreement on the underpaid wages (se~ Attorney General Opinion DM-4S9). . , . (e) A conlractor or subcontractor does not violate this section if a public' body awarding a contract does n~t detennlna the pravamng wage rates and specify the rates In the contract as provlde.d by Section' 22sa~022. . . (d) The pubUc body shall use any money coRseted under this section to offset the costs incurred in the administration of thIs chapter. " . '. . (e) A munieipaRty (s entitled to coUect a penalty under this section only if the municipality has a populatiol1 of more than 1Q.OOO. 2258..051.. Duty of Publlo ~ody to Hear Complaints 'and WIthhold Payment (a) A public body awardtng a conlract. and an agent or officer of the public body. shall: . (i) take ~nlzance of ~mplaInt.sof an violations of this chapter: committed in tho execution of the contract; and ' .. . (2) withhold money forfeited or required. to be! Withheld under this Chapter from the payments to the contractor under the contract, exceptthat ~e' public body.may not withhold money from other than the fInal payment without determination by the public body that there is good caUS13 to belIeve that lhe 'contractor has viola.led this chapter. WRtOQI U&1dl IIIDI ....... ...~ --c....,... --...1-1 ......... sc-!; ... ......,~'tt~ IAsbestos Wocker Worker who removes and diSPOSl:3 of asbestos ma~lirial:;:. I - Worker who f;ll.litds wood struo.ures, or structureS of any material Whi~ has - . Carpenter' - rep/ac~ wood. Indude3 rough and. finish carpentry, hardware at'Id !rim. I Carpel Laycl1Aooring Insta.Ifar Worker who Ins~lts carpet and/or t1&'r coverings. vinyl ti1 ~ ...' <Ancrets F'lC1isher Woli:or who floats, trowels, and finishc~ corlCrota. - DOlta Commun1catlonITelecom lnstalter Woricar who installs dalallelephona and television cab/a ~ assoclated \ equipment and accessories. .J Dry.yaH InslaIler/Ceiling Installer Worksr who InstaHs metallrarood walls and cairmgs, dcyy.'aU coverings. c::ailing grids and cemngs. . . .. ~ I 8eacidan . . SldlIed craltsman who Instalrs or repairs electrical wiring a.nd de'tic:es. lnctudes -- rU'e al3Jrn systems, and HV AC electrical controls. . 8avator Mechanlo Craftsman sk1Iled In the InstallaUoti and' maintenance of elevators. II Ara ProofU'\g lnstaUer Wor1<er who sprayS or appR~ tire pl'OOflf1g materials. Gla:z:ier Worker who InseaRs gl2$3, .glazing and glass reaming. . U He:lVY EquIpment Operator Includes but not.limitad lo all Cat tritctors. all decrlck-powered. all power operated cranes, back hoe, back flUer, power operated shov91, v.inc.fl tNCk, aJf trenchIng ~ machines. Insulator Wocker who applies, spray~, or installs insufatjon. Iron Worker staRed craftsman who erects structural ste~1 framing and installs structural concrete Rebar. laborerJ'Helper . Worker qlpIdJed for only unsl<llled or seml-skilled work. Ufting. carryU1g materials . and tool:;. hauling, diggIng, clean-up. Lathe rlPlasterel Wort<:er who mstalls mela! framlng and lath.. Worker who applies plastbr to lathing . and in~'lfIs 2I.ssociated accessories. Ugt1t EquIpment Operator. Includes but not limited (0 air compressors, truck crane driver, flex plane, building ere\ra{or. form grader. conmte mixer (less- than 14 d), conveyor. Mason Craftsman who wotics with masonry products. stone, brick. block. or MY matarial substituting for those materials and ac;c~rfes. . . . Metal Buildiog Assembler Wodcerwho assembles pre-made metaf bundlngs. Millwright Mechanrc speclaJlzIng In th~ instaliation or heavy machinery, conve~. .' . wra~, dock levelem, hydraul1c lIfts and aflgn pumps~ PaInladWaR Covering Instaner Wod<or who prepares wall surfa~ and apptles paint udlor wan coverings, ~ S1lCf ~ng. P~frtter TraJOedwolker who JnstaIls pipIng systems. chilled water plpk1g and hot water (bolle" pfplng, pneumatIc tubing controls, chiIfers, .~Dars. and assoclatad ~ntcaJ equipmenL Plucnber Sldned craftsman who InstztJts domestic hot and cold wator plplna. wasta piping. .storm system piping. wafer closet$, sinks, urinals and "related work. Roofer . Worker who instatrs roofing materials, Bitumen (asphalt and cold tar), fefts, ftashing3, a/l types roofing membrane$ and associated pnxfuc:ts. Sheet Matal Worker Worker who Installs sheet metal product$. ~oor metal. flashings, .and curbs, ductwork. metha.nical equipment, and as=oc::ta:ted metals. Sprlnld6r Rtt'3t Work-e.r who InstaIls fn oprinkler $)'$tems and Rns prct~on aqulpmen.l. TeiTauo Worker ~ftsman wno plaCEis and fmlsne$ Terrazzo. TUe Setter Worker who prepares waif and/or {loor surlaee.s and atJplias ceramic lI1ss Ie lhasa surfaces. . . WatecprooferlCaulkar Worker who applies water proofing matenallo buildings. Products Include had sealant. e.1ulk, sheet mambrane, liquid membranes, sprayed, rolled, or UnJS on. . . Worker Classiflcation Definition Sheet - - ~,...,- " 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 755 linear feet of four foot wide/four inch thick concrete sidewalk and 16 wheelchair ramps. b. The Project 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. 579-A, S, C, No. 539 X, and No. 578 C and D. 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 concerning 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. Payment Bond Bidding Documents, Contract Forms, Supplementary Conditions. c. CertifiGate of Insurance General and Supplementary Conditions. d. I ist of Subcontractors General and Supplementary Conditions. e. Material and Equipment List Supplementary Conditions and specification sections. f. Construction 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 P~ment Submit applications for partial payment as specified in the General and Supplementary Conditions and within the time specified in the agreement. d. Change Order Proposal 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) Functional 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 Construction 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 QUALlFICA TrONS 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. ~k 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. 01410-1 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. E.ER.. 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. - 1. 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 Telephone A telephone is not required. b. Temporary Connections 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 watelWays 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 - 3.2 FINAL CLEANING AND ADJUSTING a. Use experienced workmen or professional cleaners for final cleaning. - 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 misadjusted 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 entire 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 "Measurement" 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 00360 "Concrete Pavement." 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 material. Cushion select fill shall be clean and well graded and free of clay and humus 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 select 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 (3D') 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 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. 00105-2 ,.. 9. PAYMENT 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 each at the contract bid price per each type of concrete wheel chair ramps identified on the Plans (Types A, B). Placement of select fill cushion and concrete curb shall be considered incidental and no separate pay item will be allowed. 00105-3 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 00360, Concrete Pavement (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. - 3A 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 .. concrete shall then be tamped with an approved tamping template to compact the concrete thoroughly, and eliminate surface voids, and the surface screeded to required section. 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 "Measuremenf' 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. n 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 Roll/Lite 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 SPECIFICATION ITEM 00360 CONCRETE PAVEMENT - 360.1 Description. This item shall consist of a pavement of Portland cement concrete, with reinforcement, as shown on the plans, with or without monolithic curbs, constructed as herein specified on the prepared subgrade or other base course in conformity with the thickness and typical cross sections shown on the drawings, and to the lines and grades established by the Engineer. 360.2 Materials. The cement shall be either Type I or Type III of a standard brand of Portland cement which shall conform to ASTM Designation C150. Type III cement shall be used when high early concrete is required. If the use of high early strength cement is not specified, and the Contractor desires to use it, he shall obtain written permission of the Engineer and shall assume all additional costs incurred by the use of such cement. - Flyash may be used with the cement. Cement plus f1yash shall be composed of Portland cement, of the type specified herein, and a maximum of 28 percent f1yash by absolute volume. It is recommended that the percent of f1yash by absolute volume be reduced to a maximum of 20 percent during cold weather concreting (average ambient temperature, over a 24 hour period after placement, less than 500F). Flyash shall be Class C conforming to the requirements of ASTM C618, "Specification for Flyash and Raw or Calcined Natural Pozzolan for use as a Mineral Admixture in Portland Cement Concrete". Flyash shall have a minimum CaO Content of 20 percent. Unless otherwise designated on the drawings, or herein, all bar reinforcement shall be deformed and shall conform to ASTM Designation A615, Grade 40, open hearth, basic oxygen or electric furnace new billet steel. Grade 60 may be used, provided it is furnished to the City of La Porte at the same price as Grade 40. The use of prefabricated deformed steel bar mats, conforming to ASTM A 184, is not permitted. With prior approval of the Engineer, admixtures meeting the requirements of ASTM Designation C494, titled "Chemical Admixtures for Concrete" and ASTM Designation C1017 titled "Chemical Admixtures for use in Producing Flowing Concrete", may be used. Aggregates shall conform to ASTM C33, "Specifications for Concrete Aggregates". Coarse aggregate shall consist of durable particles of gravel, crushed stone, or combinations thereof, free from frozen material or injurious amounts of salt, alkali, vegetable matter, or other objectionable material either free or as an adherent coating, and its quality shall be reasonably uniform throughout. It shall contain not more than 0.25 percent by weight of clay lumps, not more than 1.0 percent by weight of laminated and/or friable particles. It shall have a wear of not more than 35 percent when tested in accordance with ASTM method C131, the "Los Angeles Abrasion Test." When tested by ASTM method C136 and ASTM C117, it shall meet the following grading requirements: - 00360-1 TABLE I COARSE AGGREGATE GRADATION % Retained by Wt. Retained on 1-3/4" sieve 0% Retained on 1-112" sieve 0% to 5% Retained on 3/4" sieve 30% to 65% Retained on 3/8" sieve 70% to 90% Retained on No.4 sieve 95% to 100% The loss by decantation shall be a maximum of one percent. Fine aggregate shall consist of clean, hard, durable and uncoated particles of natural or manufactured sand or a combination thereof, with or without a mineral filler. It shall be free from frozen material, or injurious amounts of salt, alkali, vegetable matter or other objectionable material and it shall contain not more than 0.5 percent, by weight, of clay lumps. When subjected to the color test for organic impurities (ASTM method C40), the fine aggregate shall not show a color darker than the standard. Unless otherwise specified, fine aggregate shall meet the following grading requirements: TABLE II FINE AGGREGATE GRADATION Retained on 3/8" sieve 0% Retained on No. 4 sieve 0% to 5% Retained on No. 8 sieve 0% to 20% Retained on No. 16 sieve 15% to 50% Retained on No. 30 sieve 35% to 75% Retained on No. 50 sieve 65% to 90% Retained on No. 100 sieve 90% to 100% Retained on No. 200 sieve 97% to 100% Fine aggregate shall be subjected to the Sand Equivalent Test. The sand equivalent shall be not less than 80. Mineral filler shall consist of stone dust, clean crushed sand or other approved inert material. Mixing water for concrete shall conform to the requirements for water specified in ASTM C94, "Specification for Ready Mixed Concrete". Boards for expansion joint filler shall be 3/4-inch finished thickness Class A redwood. Joint sealant shall meet the requirements of ASTM 03405, titled "Standard Specifications for Joint Sealants, Hot Poured, for Concrete and Asphalt Pavement". Joint sealant for expansion joint shall be installed ~" below the top of pavement elevation. Load transmission devices for expansion joints shall be of 3/4-inch finished thickness class A redwood, an approved metal brace or device and 18-inch long steel dowel thru the center of the redwood on 12-inch centers. The dowels shall be 1-inch in diameter for pavement thicknesses up to and including 8-inches and 1-114-inch diameter for pavement thicknesses of 9-inches or more. All dowels shall be deformed on one end. Each approved metal brace or device shall be attached 00360-2 and shall hold the dowel firmly to the redwood board. On one side of the redwood, the dowel bar shall be completely capped or sheathed to prevent bonding to the concrete to provide for expansion. On the other side, it shall be fixed to the approved metal brace or device ensuring a position perpendicular to the redwood and parallel to the proposed slab to deter bending, bearing and shearing stresses. Tie bars are to be minimum S/8-inch diameter, Grade 40, steel and minimum 30-inches in length and spaced maximum 48-inchescenter to center. Metal devices for expansion and contraction joint assemblies, (such as welded wire bar chains, bar stakes, end marker channels, etc.) shall be as shown on the drawings or may be similar devices of equivalent or greater strength, approved by the Engineer, that will secure the joint assembly in correct position during the placing and finishing of concrete. The Contractor shall have an option of using a metal winged plate or a flat metal plate. All contraction and longitudinal joints that are not at the edge or end of a pour shall be saw cut. Metal or fiber strips placed in the uncured concrete will not be permitted. The joints shall be sawed as soon as sawing can be accomplished without damage to the pavement and as directed by the Engineer. Once sawing has commenced, it shall be continued until completed. The saw cut shall be made with one pass of the concrete saw. Sawing must be accomplished even in rain or cold weather. All sawing must be completed within twenty-four hours of placement. Should the sawing for any days placement fail to be completed within twenty-four hours, the following concrete placement shall be limited to the amount that was sawed on time. This limitation shall continue until the sawing crew demonstrates it can handle a larger volume of sawing. The sawed cut shall be a minimum 1/4 inch width and have a depth of one-fourth the thickness of the pavement. Joint sealant installation shall be 1/8" below the top of pavement grade. Unless otherwise specified, transverse sawed control joints shall be constructed at twenty-foot intervals measured along the longitudinal axis of the roadway, or as directed by the Engineer. 360.3 Proportioning of Concrete. Cement, aggregates, chemical admixtures and water shall be in accordance with the requirements of the Item 00421, "Structural Concrete", Class C-1. Unless otherwise permitted, the concrete mix design shall be proportioned to provide a slump of between 1 and 4 inches. A slump range of 1" to 3-1/2" shall be used for concrete laid with a slip form paver, while vibrated concrete shall have a slump range of 2" - 4", when tested in accordance with ASTM Method C143, "Slump Test". A slump test will be made for each sample of concrete obtained for the casting of test beams, or when slumps appear to be outside specification requirements. Pavement mix designs shall meet flexural requirements of at least five hundred (500) pounds per square inch, at seven (7) days, and at least six hundred (600) pounds per square inch, at twenty eight (28) days, using ASTM Method C78, "Flexural Test of Simple Beam with Third Point Loading". When high early strength cement is used, it shall reach at least 500 psi at seven days and 600 psi at twenty eight days. The concrete shall contain not less than five and one-half sacks of cement per cubic yard. Four test beams for a flexural strength value shall be taken from the concrete for each 150 cubic yards or less of pavement placed each day. The flexural strength value using the average of two beams shall be obtained at 7 days, using ASTM Method C78, and shall meet the strength requirements outlined above. The flexural strength value using the average of the second set of beams, shall be obtained at 28 days using ASTM Method C78. Additional beams may be as required due to concrete placing conditions, or for adequately determining the strength of concrete when the early opening of the pavement to traffic is dependent upon concrete strength 00360-3 tests. No extra compensation shall be allowed for materials and work involved in fulfilling these requirements. 360.4 Equipment. All equipment necessary for the construction of concrete pavement shall be on the job and shall have been approved by the Engineer as to condition, before the Contractor will be permitted to begin construction operations on which the equipment is to be used. A template, or other approved method, for checking the contour of the subgrade shall be provided and operated by the Contractor. The template shall rest upon the side forms and shall be of such strength and rigidity that under a test made by changing the support to the center, it shall not show a deflection of more than 1/2-inch. It shall be provided with accurately adjustable rods projecting downward to the subgrade at 1-foot intervals and these rods shall be adjusted to the required crosssection of the bottom of the slab, when the template is resting upon the side forms. Side forms shall be of metal of approved cross section. The preferred depth of the form shall be equal to the required edge thickness of the pavement. Forms with depths greater or less than the required edge thickness of the pavement will be permitted, provided the difference between the form depth and the edge thickness is not greater than 1- inch, and further provided that forms of a depth, less than the pavement edge are brought to the required edge thickness by securely attaching wood or metal strips. of approved section, to the bottom of the form, or by grouting under the form. Bottom flange of the form shall be the same size as the thickness of the pavement. Aluminum forms are not allowed. All forms must be approved by the Engineer. The length of form sections shall be not less than 10-feet and each section shall provide for staking in position with not less than 3 pins. Flexible or curved forms of wood or metal of proper radius shall be used for curves of 100-foot radius or less. Forms shall be ample strength and shall be provided with adequate devices for secure setting so that when in-place they will withstand without visible springing or settlement, the impact and vibration of the finishing machine. In no case shall the base width be less than 8-inches for a form 8-inches or more in height. The forms shall be free from warp, bends or kinks and shall be sufficiently true to provide a reasonable straight edge on the concrete and the top of each form section, when tested with a straight edge, shall conform to the requirements specified for the surface of. the completed pavement. Sufficient forms shall be provided for satisfactory prosecution of the work. All pavement shall be finished by machine, except as hereinafter provided. The transverse finishing machine shall be provided with two screeds and a tamp accurately adjusted to the crown of the pavement and shall be power driven and mounted in a substantial frame equipped to ride on the forms and shall be so designed and operated as to strikeoff and consolidate the concrete. The longitudinal finishing machine shall be provided with a longitudinal float not less than 10-feet in length, adjusted to a true plane, shall be power driven and shall be so designed and operated as to finish the pavement to the required grade. Finishing machine shall be maintained tight and in good operating condition accurately adjusted to the required crown or profile and free from deflection, wobble or vibration tending to affect the precision of finish. Machines failing to meet these requirements will be condemned by the Engineer and the Contractor shall remove this equipment from the jobsite and provide approved equipment. When hand finishing is permitted under this specification, the Contractor shall provide a strike template and tamping template, both of lumber, or equivalent metal section, and at least 2-feet longer than the width of the pavement. Both templates shall conform to the crown section of the pavement and the tamp, if of wood, shall have a steel face not less than 3/8-inches in thickness. He shall also provide a longitudinal float of an approved design. 00360-4 ",.. The Contractor shall furnish a canvas or canvas-rubber composition belt for finishing the pavement, not less than 6-inches nor more than 10- inches wide, and at least 2-feet longer than the width of the pavement. A burlap finish is also allowed. The Contractor shall furnish and maintain at least two standard 10-feet steel or aluminum straight-edges. The Contractor shall furnish a sufficient number of bridges equipped to ride on the forms and span the pavement for finishing operations and for the installation and finishing of joints and center strips. All necessary finishing and edging tools shall be furnished as may be required to complete the pavement in accordance with the drawings. 360.5 Slip Form Paver. In the event the Contractor is permitted to use a slip form paving machine, all equipment and techniques used must be first approved by the City Engineer prior to any such operations. In the event a slip form paver is disapproved, then the equipment specified elsewhere in this item shall be used. The approval process shall take place after bids are received. A Clary screed, as approved by the City Engineer, may be used in lieu of a mechanical bull float and oscillating screed, as long as the Contractor can show that it will not ride over the concrete. Hand vibrators are required at the jobsite, when pouring concrete. A hand vibrator shall be used around all load transfer devices. 360.6 Subgrade and Forms. The subgrade shall be excavated as required, all unstable or otherwise objectionable material removed, and all holes, ruts, and depressions filled with approved material, as per Item 205 "Subgrade". Rolling and sprinkling shall be performed when, and to the extent directed, and the roadbed shall be completed to or above the drawings of the typical sections shown on plans and the lines and grades established by the Engineer. Material excavated in the preparation of the subgrade shall be utilized in the construction of adjacent shoulders and slopes, and any additional material required for the completion of the sections shall be secured from sources indicated on plans or designated by the Engineer. Drainage of the roadbed shall be maintained at all times. The subgrade shall be finished to the exact section of the bottom of the pavement as shown on plans, and tested with the approved template operated and maintained by the Contractor. The subgrade shall be maintained in a smooth, compacted condition, in conformity with the required section and established grade until the pavement is placed, and shall be kept thoroughly wetted down sufficiently in advance of placing any pavement to insure its being in a firm and moist condition for at least 2 inches below the prepared surface. Sufficient subgrade shall always be prepared in advance to insure satisfactory prosecution of the work. No equipment or hauling shall be permitted on the prepared subgrade, except on special permission of the Engineer, which will be granted only in exceptional cases and only where a suitable protection in the form of two-ply timber mats or other approved material is provided. The subgrade under the forms shall be firm and cut true to grade so that each form section when placed will be firmly in contact for its whole length and base width, and exactly at the established grade. Any subgrade under the forms below established grade shall be corrected, using suitable material, placed, sprinkled and rolled as directed. Forms shall be staked with at least three pins for each ten-foot section. A pin shall be placed at each side of every joint. Form sections shall be tightly joined and keyed to prevent relative displacement. Forms shall be cleaned and oiled each time they are used. Forms shall be set for a sufficient distance in advance of the point where concrete is being placed to permit a finished and approved subgrade length of not less than 300 feet ahead of concrete placement, or as approved by the Engineers. Conformity of the grade and alignment of forms shall be checked immediately prior to placing concrete, and all necessary corrections made by 00360-5 the Contractor. Where any form has been disturbed or any subgrade becomes unstable, the form shall be reset and rechecked. In exceptional cases, the Engineer may require suitable stakes driven to the grade of the bottom of the forms to afford additional support. Sufficient stability of forms to support the equipment operated thereon and to withstand its vibration without springing or settlement shall be required. If forms settle over one-eighth (1/8) inch under finishing operation, paving operations shall be stopped and the forms shall be reset to line and grade. Forms shall remain in place for not less than 8 hours after the concrete has been placed. They shall be carefully removed in such a manner that little or no damage will be done to the edge of the pavement. Any damage resulting from this operation shall be immediately repaired. After the forms have been removed, the ends of all joints shall be cleaned, and any honeycombed areas pointed up with approved mortar. Immediately after pointing is complete, the form trench shall be filled with earth from the shoulders in such manner as to shed water from rainfall or curing away from the edge of the pavement. On completion of the required curing, the subgrade or shoulders adjacent to the pavement shall be placed in condition to maintain drainage. 360.7 Reinforcing Steel and Joint Assemblies. All reinforcing steel, tie bars and load transmission units used in accordance with plan provisions shall be accurately placed and secured in position in accordance with details shown on drawings. Reinforcing bars shall be securely wired together at all intersections and splices, and shall be accurately wired to each dowel and load transmission unit intersected. The tie bars shall be installed in required position by the method and device shown on drawings, or by approved method and device equivalent thereto. Bar coatings required by plans, and of material specified, shall be completed and the bars and coating shall be free of rust, dirt or other foreign matter at the time of installation in the concrete. Reinforced steel to be supported on bar chairs or other approved devices placed on maximum 36" centers each way. Where plans require an assembly of parts at pavement joints, the assembly shall be completed, placed at required location and elevation, and all parts rigidly secured in required position by the method and devices shown on plans, or by approved method and devices equivalent thereto. Dowel Bars shall be accurately installed in joint assemblies in accordance with drawings, each parallel to the pavement, and shall be rigidly secured in required position by such means (as shown on plans, or approved equivalent thereto) that will prevent their displacement during placing and finishing of the concrete. The assembled units comprising the load transmission devices shall be accurately installed in joint assemblies in accordance with plans, each unit vertical with its length perpendicular to the centerline of the pavement, and all units shall be rigidly secured in required position by such means (as shown on drawings, or approved equivalent thereof) that will prevent their displacement during placing and finishing of the concrete. Leader boards, joint filler and other material used for forming joints shall be accurately notched to receive each load transmission unit. All load transmission units shall be free of rust and clean when installed in the concrete. 360.8 Concrete Placing. No concrete shall be placed when the air temperature is at or below 350 F. The temperature of the concrete shall at no time fall below 600 F., or exceed 1000 F. When the concrete reaches a temperature of 850 F., retarders shall be introduced into the mixture and shall continue to be used until the concrete reaches a temperature of 950 F. After 950 F. and through 1000 F., a plasticizer shall be introduced into the mixture. After 950, ice may be used to control temperature, in lieu of a plasticizer. For concrete between temperatures of 850 F. through 950 F., the slump shall be as specified in Item 360. For concrete with temperatures greater than 950 F., slumps shall be as specified by the Engineer. 00360-6 .. The amount of retarder or plasticizer, introduced into the mixture, shall be in accordance with the manufacturer's recommendations. See part 360.2, Materials, for requirements of admixtures. No concrete shall be used if the concrete has developed initial set, or which is not in place within 1-1/2 hours after the initial water has been added. Pouring concrete during inclement weather, which would adversely effect the quality and/or finish of the concrete pavement does not relieve the contractor from his responsibility to provide a pavement that complies with the specification. 360.9 Joints. All transverse and longitudinal joints in the pavement shall be of the type or the alternate type shown on the drawings, shall be constructed at required locations, on required alignment in the reqUired relationship to tie bars and joint assemblies and in accordance with the details shown on the plans. Normally, the stoppage of the placement of concrete shall be scheduled to occur at proposed expansion joints, or at proposed longitudinal joints located between traffic lanes. If it becomes necessary to stop the placement of concrete at an unscheduled location due to unforeseen circumstances, the stoppage may occur at a proposed contraction joint, or at other locations with the approval of the Engineer. The following provisions shall govern for each type of joint at which the placing of concrete is stopped: When the placing of concrete is stopped at any expansion joint, the complete jointed assembly shall be installed and rigidly secured in required position as shown on plans. A bulkhead of sufficient cross sectional areas to prevent deflection, accurately notched to receive the load transmission units or dowels, as the case may be, and shaped accurately to the cross section of the pavement shall be provided and installed as a back-up for the joint filler and rigidly secured in required position to permit accurate finishing of the concrete up to the joint. After the concrete has been finished to the joint, formation of the joint seal space and finishing of the joint shall be executed as specified herein and in accordance with plan requirements. The back-up bulkhead shall remain in place until immediately prior to the time when concrete placing is resumed, when it shall then carefully be removed in such manner that no element of the joint assembly will be disturbed. The exposed portions of the joint assembly shall be free of adherent concrete, dirt or other material at the time placing of concrete is resumed. When placing of concrete is stopped at a longitudinal joint, all applicable provisions of Section 360.7 shall apply in addition to the following requirements: The face of the bulkhead at the joint shall be grooved or recessed as necessary to provide the required spaces for the top and bottom breaker strips as shown on plans. The bulkhead shall be either drilled or notched to receive the tie bars. Tie bars shall be secured in required position by use of adequate transverse bracing and vertical supports meeting the approval of the Engineer. When placing of concrete is stopped at a contraction joint, all applicable provisions of Section 360.7 shall apply, in addition to the following requirements: The face of the bulkhead adjoining the slab end shall be notched and grooved to fit the exposed half-screen of the joint assembly and shall be shaped to form the slab end at the center of joint as shown on plans. The half-width of joint seal-space may be formed by a strip of required section placed and removed in accordance with drawing requirements for construction of transverse contraction joints. The Contractor shall have available a bulkhead shaped to the section of the pavement, and of a section to form a key not less than 1 inch in depth and 2 inches in height at the center of depth of the pavement. This bulkhead must be drilled to permit the continuation of all longitudinal reinforcing steel through the construction joint, and shall be of sufficient section and strength to prevent deflection. 00360-7 Immediately upon the intended stoppage of the placing of concrete to a line, install the above described bulkhead at right angles to the centerline of the pavement perpendicular to the surfaces and at required elevation. Concrete shall be placed and finished to this bulkhead. Any concrete remaining on the subgrade ahead shall be removed and disposed of as directed. When placing of concrete is resumed before the concrete has set to the extent that the concrete will stand on removal of the bulkhead, the new concrete shall be rodded, and the key in the first concrete must be carefully preserved. An edge created by a construction joint of this type shall have a joint seal space and shall be sealed as required for construction joints. Transverse expansion joints shall be formed perpendicular to the centerline and surface of the pavement, and shall be constructed in accordance with the sequence of operations shown on drawings. After the transverse finishing machine and before the longitudinal finishing machine has passed over the joint, the contractor shall test the joint filler for correctness of position and make any required adjustment in position of the filler, and shall install the joint seal space form in accordance with plans. After removal at the joint seal form as required by plans, the joint seal space above the joint filler shall be thoroughly cleaned and the concrete faces of the joint seal space shall be left true to line and section throughout the entire length of the joint. On completion of curing of the pavement, the joint sealing filler of the type specified shall be placed in accordance with drawings. The faces of the joint seal space shall be clean and surface dry at the time joint sealing filler is placed. On completion of the joint seal, the pavement adjacent to the joint shall be left free of joint sealing material. 360.10 Finishing. All concrete pavement shall be tamped and finished mechanically with approved power driven machines, except as herein provided. Hand finishing will be permitted on the transition from a crowned section to a super-elevated section without crown on curves, and on straight-line super elevation sections less than 300-feet in length. Hand finishing will also be permitted on that portion of a widened pavement outside the normal pavement width, on sections where the pavement width is not uniform, or required monolithic widths are greater than that of available finishing machines. Machine finishing of pavement shall include the use of a power driven transverse strike-off, tamp and screed and a longitudinal float. The transverse finishing machine shall first be operated to compact and finish the pavement to the required section and grade, without surface voids. The machine shall be operated over each area as many times and at such intervals as directed. At least two trips will be required, and the last trip over a given area shall be a continuous run of not less than 40 feet. After completion of finishing with the transverse finishing machine, the longitudinal mechanical float shall be operated to smooth and finish the pavement to the required grade. The float shall be operated paralleled to the centerline of the pavement with a short, quick motion, and shall travel slowly across the pavement, maintaining contact with the surface at all points. If this result is not attained, additional concrete shall be placed if required, tamped and screeded, and the float shall operate over the same area until a satisfactory surface is produced. The advance along the length of the pavement between successive passes of the float across the surface shall be such that the float shall continuously lap its previous position by not less than one-fourth its length. After floating is complete, and the concrete still workable, the surface shall be tested for conformity with an approved 10-foot steel straightedge. The straight-edge shall be operated from the side of the pavement, placed paralleled to the pavement centerline and passes across the slab to reveal any high spots or depressions. The straightedge shall be advanced along the pavement in successive stages of not more than one-half its length. Any correction of the surface required shall be accomplished by adding concrete if required and by operating the longitudinal float over the area. The surface test with the straightedge shall then be repeated. 00360-8 -, After completion of the straight-edge testing, and just before the concrete becomes non-plastic, the surface shall be belted with an approved belt, operated with short transverse strokes and a rapid advance longitudinally. This operation shall produce a uniform surface of a gritty texture. About the time the concrete becomes hard, the edge of the slab shall be carefully finished with an edger of the radius required by the Engineer, and the pavement edge shall be left smooth and true to line. Hand finishing shall be resorted to only in those conditions provided for above, and upon specific authorization by the Engineer. When hand finishing is permitted, the concrete shall be struck off with an approved strike-off screed to such 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 a slight excess of material in front of the cutting edge. The concrete shall then be tamped with an approved tamping template to compact the concrete thoroughly, and eliminate surface voids, and the surface screeded to required section. After completion of a strike-off, consolidation, and transverse screeding, a hand-operated longitudinal float shall be operated to test and level the surface to the required grade. Workman shall operate the float from approved bridges riding on the forms and spanning the pavement. The longitudinal strokes while being passed from one side of the pavement to the other shall be continuous. If contact with the pavement is not made at all points, additional concrete shall be placed if required, tamped and screeded, and the float shall be used to produce a satisfactory surface. Care shall be exercised to keep the ends of the float from digging into the surface of the pavement. After a section has been smoothed so that the float maintains contact with the surface at all points in being passed from one side to the other, the bridges may be moved forward half the length of the float, and the operations repeated. Just before the concrete becomes non-plastic, texture shall be applied with tines, belts, or other methods approved by the Engineer. The texture shall be applied transversely. It is the intent that the average texture depth, resulting from the number of tests directed by the Engineer, be not less than 0.060-inch with a minimum texture depth of 0.050-inch for any test done in accordance with Test Method Tex-436- A. Should the texture depth fall below that intended, the finishing procedures shall be revised to produce the desired texture. After the concrete has been placed 12 hours or more, the Engineer will test the surface of the pavement with a ten-foot straight-edge placed parallel to the centerline. The straight edge shall be approved by the Engineer. The surface shall not vary from the straight edge by more than one-sixteenth (1116) inch per foot from the nearest point of contact, and in no case shall the maximum ordinate from a ten-foot straight-edge to the pavement be greater than one-eighth (118) inch. Any high spots causing a departure from the straightedge in excess of that specified shall be ground down by the Contractor to meet the surface test requirements, when required by the Engineer. 360.11 Curing. The Contractor shall provide for protection of freshly laid concrete against pitting and washing from rain, by having on the job at the time and place of pouring, sufficient canvas and/or waterproof covering material to protect at least 400 linear feet of pavement over the entire width of pavement surface being placed. See the Item 421, "Structural Concrete", for additional information. 360.12 Protection of Pavement. The Contractor shall erect and maintain the barricades required by the plans, and such other barricades and approved devices as will exclude public traffic and traffic of his employees and agents from the newly placed pavement for the periods of time hereinafter prescribed. Portions of the roadway, or crossings of the roadbed required to be maintained open for use by traffic, shall not be obstructed by the above required barricades. Crossings of the pavement required by plans, or by construction sequence, during the period 00360-9 prior to opening to traffic as herein specified, shall be provided with an adequate and substantial bridge, approved by the Engineer. New pavement sections shall be closed to all traffic, both PUBLIC and CONSTRUCTION, until the concrete has attained a minimum flexural strength of at least five hundred pounds per square inch (500 PSI) when tested in accordance with ASTM C78. Normally, the first test is conducted on the 7th day. If the Contractor or the City desires to open the new pavement section to traffic early, an additional set of test beams must be requested for an early test. If the early test indicates that the minimum flexural strength requirement has been met, and if all other requirements of this specification have been met, the pavement section can be opened to traffic. All early tests will be paid by the Contractor. Such opening of a new pavement section, to PUBLIC or CONSTRUCTION traffic, shall in no manner relieve the Contractor from his responsibility of the work. On those sections of pavement to be opened to PUBLIC traffic, the pavement shall be thoroughly cleaned, stable material shall be placed, graded, and compacted against the pavement edge or curb unless specified otherwise, joints shall be sealed and cured, and all required traffic control work shall be performed for the safety of the traffic. When high early strength concrete, as required by the drawings or as an option to Type I Cement is used, the pavement may be opened to all traffic after the concrete has attained a minimum flexural strength of 500 PSI, or as long thereafter as ordered by the Engineer, subject to the same provisions governing the opening of the pavement to all traffic as prescribed above. When the Contractor desires to move any equipment not licensed for operation on a public roadway, on or across any pavement opened to traffic, he shall protect the pavement from all damage by means of twoply timber mats of 2" stock, or runways of heavier material, laid on a layer of earth, all as approved by the Engineer. The Engineer may require the opening of pavement to traffic prior to the minimum strength specified above under conditions of emergency, which in his opinion, require such action in the interest of the public. In no case shall the Engineer order opening of the pavement to traffic within less than 72 hours after the last concrete in the sections is placed unless an approved high early strength concrete was used. The Contractor shall remove any curing mats, place earth against the pavement edges, and. perform other work involved in providing for the safety of traffic as required by the Engineer in ordering emergency opening. Orders for emergency opening of the pavement to traffic will be issued by the Engineer in writing. 360.13 Backfilling Behind Curbs and In Esplanades. The Contractor is required to backfill behind all curbs and within the esplanade, after completion of the paving operation. The backfill material shall be on-site material having the prior approval of the Engineer. No separate payment shall be made for backfilling behind curbs and in esplanades, but it shall be considered incidental to this item. 360.14 Deficient Pavement Thickness. It is the intent of this specification that the pavement be constructed in strict conformity with the thickness and typical sections shown on plans. Where any pavement is found not so constructed, the following rules relative to adjustment of payment for acceptable pavement and to replacement of faulty pavement shall govern. Prior to final acceptance, the pavement may be cored by City of La Porte. Locations of core tests may be selected by the Engineer. Regular testing shall occur at the rate of 1 core for every five hundred (500) square yards per lane of placed concrete pavement and at random locations. For the purpose of establishing an adjusted unit price for pavement, units to be considered separately are defined as 500 square yards of pavement in each traffic lane, starting at the end of 00360-10 - the pavement bearing the smaller station number. The last unit in each lane shall include 500 square yards plus the fractional part of 500 square yards remaining. Widening, acceleration and deceleration lanes shall be measured and adjusted using units of 500 square yards or fractions thereof. One core will be taken at locations selected by the Engineer or at random in each unit, and tested in accordance with ASTM Method C- 174. When measurement of the core from any unit is not deficient more than 0.2 inch from the plan thickness, full payment will be made. If measurement of any core from any unit is deficient more than 0.2 inch but not more than 0.50 inch from the drawing thickness two additional cores will be taken from the unit and the average of the three cores determined. The two additional cores will be taken such that the unit will be well represented. If the average thickness of the three cores is deficient more than 0.2 inch but not more than 0.50 inch from the plan thickness, an adjusted unit price as provided below, will be paid for in these areas represented by these cores. At the option of the Engineer, additional cores may be taken in the adjacent unit/units to determine if the deficiency of thickness continues across all lanes of pavement. If the deficiency if found to exist in one (1) or more adjacent units, adjusted unit prices as provided below will be paid for those adjacent units that are found to be deficient. Price Adjustments: Concrete Pavement Deficiency Deficiency of Thickness Proportional Part Contract Determined by Cores in Inches Price Allowed 0.00 to 0.20 100 Percent 0.21 to 0.30 80 Percent 0.31 to 0.40 72 Percent 0.41 to 0.50 68 Percent Over 0.50 50 or remove* *At the option of the Engineer Any area of pavement found deficient in thickness by more than 0.50 inch but not more than 0.70 inch shall be evaluated by the Engineer. If, in the judgement of the Engineer, the area of such deficiency should not be removed and replaced, there will be no payment for the area retained. If, in the judgement of the Engineer, the area of such deficiency warrants removal, the area shall be removed and replaced, at the Contractor's entire expense, with concrete of the thickness shown on the plans. Any area found deficient in thickness by more than 0.75 inch shall be removed and replaced, at the Contractor's entire expense, with concrete of the thickness shown on drawings. No additional payment, over the contract unit price will be made for any pavements of a thickness exceeding that required on drawings. Also, planing of concrete pavement shall not be allowed. 360.15 Defective Concrete. Any defective concrete discovered, after the forms have been removed, shall be removed immediately and replaced. If the surface of the concrete is bulged, uneven or shows excessive honeycombing or form marks, which in the opinion of the Engineer cannot be repaired satisfactorily, it shall be removed and replaced and no compensation will be allowed for the work or materials. 360.16 Quality Assurance. The Testing Laboratory's representative will sample concrete delivered to the site in accordance with ASTM Method C172 and will mold four beams for each 150 cubic yards. Each time a set of specimens is molded, the slump will be determined in accordance with ASTM Method C143 and the air content in accordance with ASTM Method C173 or C231. Two of the beams will be tested in accordance with ASTM Method C78 at 7 days and the remaining two at 28 days. Concrete cores, if required, shall be tested in accordance with ASTM Method C 174 (9 point procedure) and ASTM C39. 00360-11 360.17 Acceptance Requirements. For pavement concrete, concrete mixes shall be formulated to produce concrete that meets the minimum flexural strength as shown in this item. If the required strength is not secured with the minimum cement content specified, additional cement shall be used or other aggregate provided at the Contractor's expense. 360.18 Measurement. Concrete pavement shall be measured by the square yard of the specified thickness of completed and accepted pavement. This shall include all necessary concrete headers, as shown on the plans. Separate measurement and payment will not be made for concrete headers. 360.19 Payment. The work performed and the materials furnished as prescribed by this item and measured as provided under "Measurement" shall be paid for at the unit price bid for "Concrete Pavemenf', or "Concrete Pavement, High Strength", as required, or the adjusted unit price for pavement of deficient thickness as provided under "Penalty for Deficient Pavement Thickness", which price shall be full compensation for shaping and fine grading the roadbed, including furnishing and applying all water required; for furnishing, loading and unloading, storing, handling all concrete ingredients, including all freight and royalty involved; for mixing, placing, finishing and curing all concrete; for furnishing all materials for and placing longitudinal, warping, expansion, sawed control and contraction joints, and load transmission units, and joint filler material in proper position; for coating steel bars where required by plans, for furnishing and placing all reinforcing steel; and for all manipulations, labor, equipment, appliances, tools, traffic provisions and incidentals necessary to complete the work. 00360-12 - TECHNICAL SPECIFICATIONS ITEM 02229 UTILITY BACKFILL MATERIALS PART 1 GENERAL 1.01 SECTION INCLUDES A. Material Classifications B. Utility Backfill Materials 1. Concrete sand. 2. Gem sand. 3. Pea gravel. 4. Crushed stone. 5. Crushed concrete. 6. Bank run sand. 7. Select backfill. 8. Random backfill. C. Material handling and quality control requirements. 1.02 UNIT PRICES A. No payment will be made for backfill material unless specifically listed in Bid Form. Include payment in unit price for applicable utility installation. B. Measurement for backfill material, when included as a separate pay item, is on a cubic yard basis for material placed and compacted within theoretical trench width limits and thickness of material according to Drawing details. C. Measurement for backfill of authorized over-excavation shall be incidental to this project. 1.03 DEFINITIONS A. Backfill: Suitable material meeting specified quality requirements for the designated application as embedment or trench zone backfill. B. Embedment: Material placed under controlled conditions within the embedment zone extending vertically upward from top of foundation to an elevation 12 inches above top of pipe, and including pipe bedding, haunching and initial backfill. C. Trench Zone Backfill: Material meeting specified quality requirements and placed under controlled conditions in the trench zone from top of embedment zone to base course in paved areas or to the surface grading material in unpaved areas. D. Foundation: Either suitable soil of the trench bottom, or material placed as backfill of over-excavation for removal and replacement of unsuitable or otherwise unstable soils. E. Source: A source selected by the Contractor for supply of embedment or trench zone backfill material. A selected source may be the project excavation, off-site borrow pits, commercial borrow pits, or sand and aggregate production or manufacturing plants. 02229-1 1.04 SUBMITTALS A. Conform to requirements of Section 01300 - Submittals. B. Submit a description of source, material classification and product description, production method, and application of backfill materials. C. Submit test results for samples of off-site backfill materials to comply with Paragraph 3.03, Material Quality Control. D. Identify off-site sources for backfill materials at least 14 days ahead of intended use so that the Engineer may obtain samples for verification testing. E. Before stockpiling materials, submit a copy of temporary easement or approval from landowner for stockpiling backfill material on private property. 1.05 TESTS A. Perform tests of sources for backfill material in accordance with Paragraph 3.03A. B. Verification tests of backfill materials may be performed by the Owner in accordance with Section 01410 - Testing Laboratory Services and in accordance with Paragraph 3.03B. C. Random fill obtained from the Project excavation as source is exempt from prequalification requirements by Contractor but must be inspected for unacceptable materials based on ASTM D 2488. PART 2 PRODUCTS 2.01 MATERIAL CLASSIFICATIONS A. Materials for backfill shall be classified for the purpose of quality control in accordance with the Unified Soil Classification Symbols as defined in ASTM D 2487. Material use and application is defined in utility installation specifications and Drawings either by class, as described in Paragraph 2.01 B, or by product descriptions, as given in Paragraph 2.02. B. Class Designations Based on Laboratory Testing: 1. Class I: Well graded sands and gravels, gravel-sand mixtures, crushed well graded rock, little or no fines (GW, SW) a. Plasticity Index: Nonplastic b. Gradation: D60 1D10 - greater than 4 percent. Amount passing No. 200 Sieve - less than or equal to 5 percent 2. Class II: Poorly graded gravels and sands, silty sands and gravels, little to moderate fines (GM, GP, SP, SM) a. Plasticity Index: Nonplastic to 4 b. Gradation (GP, SP): Amount passing No. 200 Sieve - less than 5 percent c. Gradation (GM, SM): Amount passing No. 200 Sieve - between 12 percent and 50 percent 3. Class III: Clayey gravels and sands, poorly graded mixtures of sand, gravel, and clay (GC, SC) a. Plasticity Index: greater than 7 02229-2 - b. Gradation: Amount passing No. 200 Sieve - between 12 percent and 50 percent 4. Class IV: lean clays (Cl) a. Plasticity Index: greater than 7 b. Liquid Limit: less than 50 c. Gradation: Amount passing No. 200 Sieve - greater than 50 percent d. Inorganic 5. Use soils with dual class designation according to ASTM D 2487 according to the more restrictive class. 2.02 PRODUCT DESCRIPTIONS A. Soils classified as silt (Ml), silty clay (Cl - Ml with PI of 4 to 7), elastic silt (MH), organic clay and organic silt (Ol, OH), and organic matter (PT) are not acceptable as backfill materials. These soils may be used for site grading and restoration in unimproved areas as approved by Engineer. Soils classified as fat clay (CH) may be used as backfill materials where allowed by the applicable backfill installation specification. B. Provide backfill material that is free of stones greater than 6 inches, free of roots, waste, debris, trash, organic material, unstable material, non-soil matter, hydrocarbon or other contamination, conforming to the following limits for deleterious materials: 1. Clay lumps: less than 0.5 percent for Class I, and less than 2.0 percent for Class II, when tested in accordance with ASTM C 142. 2. Lightweight pieces: less than 5 percent when tested in accordance with ASTM C 123. 3. Organic impurities: No color darker than standard color when tested in accordance with ASTM C 40. C. Manufactured materials may be substituted for natural sailor rock products where indicated in the product specification, and approved by Engineer, provided that the physical property criteria are determined to be satisfactory by testing. D. Bank Run Sand: Durable bank run sand classified as SP, SW, or SM by the Unified Soil Classification System (ASTM D 2487) meeting the following requirements: 1. less than 15 percent passing the number 200 sieve when tested in accordance with ASTM C 136. The amount of clay lumps or balls not exceeding 2 percent. 2. Material passing the number 40 sieve shall meet the following requirements when tested in accordance with ASTM D 4318: - a. Liquid limit not exceeding 25. b. Plasticity index not exceeding 7. E. Concrete Sand: Natural sand, manufactured sand, or a combination of natural and manufactured sand conforming to the requirements of ASTM C 33 and graded within the following limits when tested in accordance with ASTM C 136: 02229-3 - Sieve Percent Passing 3/8" 100 NO.4 95 to 100 NO.8 80 to 100 No. 16 50 to 85 No. 30 25 to 60 No. 50 10 to 30 No. 100 2 to 10 F. Gem Sand: Sand conforming to the requirements of ASTM C 33 for course aggregates specified for number 8 size and graded within the following limits when tested in accordance with ASTM C 136: Sieve Percent Passino 3/8" 95 to 100 NO.4 60 to 80 NO.8 15 to 40 G. Pea Gravel: Durable particles composed of small, smooth, rounded stones or pebbles and graded within the following limits when tested in accordance with ASTM C 136: Sieve Percent Passino %" 100 3/8" 85 to 100 NO.4 10 to 30 No.8 o to 10 No. 16 Oto 5 H. Crushed Aggregates: All crushed aggregates consist of durable particles obtained from an approved source and meeting the following requirements: 1. All materials of one product delivered for the same construction activity from a single source. 2. Non-plastic fines 3. Los Angeles abrasion test wear not exceeding 40 percent when tested in accordance with ASTM C 131. 4. Gradations, as determined in accordance with TEX-110-E. Sieve Percent Passing by Weight for Pipe Embedment By Ranges of Nominal Pipes Sizes >15" 15" - 8" <8" 1" 95 - 100 100 - %" 60-90 90 - 100 100 %" 25 - 60 - 90 -100 3/8" - 20 - 55 40 - 70 NO.4 0-5 0-10 0-15 NO.8 - 0-5 0-5 02229-4 5. Crushed stone: Produced from oversize quarried aggregate, sized by crushing from a naturally occurring single source. Crushed gravel or uncrushed gravel are not acceptable material for utility embedment. 6. Crushed Concrete: Crushed concrete is an acceptable substitute for crushed stone as utility backfill. Gradation and quality control test requirements are the same as crushed stone. Provide crushed concrete produced from normal weight concrete of uniform quality; containing particles of aggregate and cement material, free from other substances such as asphalt, base course material, reinforcing steel fragments, soil, debris, or deteriorated concrete fragments. I. Select Backfill: Class III clayey gravel or sand or Class IV lean clay with a plasticity index between 7 and 20 or clayey soils treated with lime. J. Random Backfill: Any suitable soil or mixture of soils within Classes I, II, III and IV; or fat clay (CH) where allowed by the applicable backfill installation specification. K. Concrete Backfill: Conform to Class B concrete. PART 3 EXECUTION 3.01 SOURCES A. Use of material encountered in the trench excavations is acceptable, provided applicable specification requirements are satisfied. If excavation material is not acceptable, provide from other source. B. Obtain approval for each material source by the Engineer before delivery is started. If sources previously approved do not produce uniform and satisfactory products, furnish materials from other approved sources. All materials may be subjected to inspection or additional verification testing after delivery. Materials which do not meet the requirements of the specifications will be rejected. Do not use material which, after approval, has become unsuitable for use due to segregation, mixing with other materials, or by contamination. Once a material is approved by the Engineer, expense for sampling and testing required to change to a different material will be credited to the Owner through a change order. C. Bank run sand, select backfill, and random backfill, if available in the Project excavation, may be obtained by selective excavation and acceptance testing. Obtain additional quantities of these materials and other materials required to complete the work from off-site sources. D. The Owner does not represent or guarantee that any soil found in the excavation work will be suitable and acceptable as backfill material. 3.02 MATERIAL HANDLING A. When backfill material is obtained from either a commercial or non-commercial borrow pit, have that pit opened to expose the vertical faces of the various strata of acceptable material to be used. Excavate the material by vertical cuts extending through the exposed strata to achieve uniformity in the product. B. Establish temporary stockpile locations for practical material handling and control, and verification testing by the Engineer in advance of final placement. Obtain approval from landowner for storage of backfill material on adjacent private property. C. When stockpiling backfill material near the Project site, use appropriate covers to eliminate blowing of materials into adjacent areas and prevent runoff containing sediments from entering the drainage system. D. Place stockpiles in layers to avoid segregation of processed materials. Load material by making successive vertical cuts through entire depth of stockpile. 02229-5 3.03 MATERIAL QUALITY CONTROL A. Ensure that material selected, produced and delivered to the Project meets applicable specifications and is of sufficient uniform properties to allow practical construction and quality control. Responsibilities include: 1. Source or Supplier Qualification. Perform testing, or obtain representative tests by suppliers, for selection of material sources and products. Provide test results for a minimum of three samples for each source and material type. Tests samples of processed materials from current production representing material to be delivered. Tests shall verify that the materials meet specification requirements. Repeat qualification test procedures each time the source characteristic changes or there is a planned change in source location or supplier. Qualification tests shall include, as applicable: a. Gradation. Complete sieve analyses shall be reported regardless of the specified control sieves. The range of sieves shall be from the largest particle through the No. 200 sieve. b. Plasticity c. Los Angeles abrasion d. Clay lumps e. Light weight pieces f. Organic impurities 2. Production Testing. Establish a program to provide assurance that backfill materials delivered from the sources and placed in the Work meet applicable specification requirements. Report results to the Engineer. 3. Assist the Engineer in obtaining material samples for verification testing at the source or at the production plant. 4. Notify the Engineer in the field when non-conforming material is detected. B. Quality Control 1. The Engineer may sample and test backfill at: a. Sources including borrow pits, production plants and Contractor's designated off-site stockpiles. b. On-site stockpiles. c. Materials placed in the Work. 2. The Engineer may resample material at any stage of work or location if changes in characteristics are apparent. 3. The Engineer will notify Contractor at the Project site about non-conforming materials and will, as appropriate, resample materials to verify results. C. Tolerances The following tolerances apply to production quality control testing. 1. Embedment Material and Select Backfill: The Engineer may accept material provided that not more than one out of the most recent five consecutive tests are out of the specification limits for: a. Gradation: Not more than 5 percentage points on any individual sieve. b. Plasticity: Not more than 2 percentage points. 02229-6 - 2. Trench Zone Backfill Material: Except for select and random backfill, the Engineer may accept the material provided that not more than one out of the most recent three consecutive tests are out of the specification limits for: a. Gradation: Not more than 8 percentage points on any individual sieve. b. Plasticity: Not more than 5 percentage points. 3. Select and Random Backfill: No quantified tolerances. Remove non- conforming material identifiable by visual-manual procedure. 02229-7 E REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 3-28-05 mmCb Bude:et Requested By: Aimee Bird Source of Funds: Department: MUAkiplll CQurt Account Number: Report: Resolution: Ordinance: xx Amount Budgeted: Ordinance # 2005-2391-A Amount Requested: Exhibits: Exhibits: Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION Attached is Ordinance # 2005-2391-A, amending Ordinance # 00-2391, by repealing section 8, "Expiration and Administration of Fund" for the Technology Fee. The original ordinance contained an expiration date of collection of this fund. However, this was repealed by the Legislature on 9-1-2003. This will allow the court to continue to collect this fee upon convictions of misdemeanor offenses in the Municipal Court as a cost under SECT 46-6. Action Required bv Council: Consider approval of attached ordinance to repeal a section of ordinance calling for the 9-1-2005 expiration date for the technology fund for Municipal Court. A~~~&~ D ra FeazelleJ c'i"'f vYla.J\a.~~ s--~~-o~ Date - ORDINANCE NO. 200S-2391-A AN ORDINANCE AMENDING CITY OF LA PORTE ORDINANCE NO. 00-2391, ESTABLISHING A MUNICIPAL COURT TECHNOLOGY FUND AND PROVIDING FOR THE ASSESSMENT AND COLLECTION OF A MUNICIPAL COURT TECHNOLOGY FEE, BY REPEALING SECTION 8, nEXPIRATION AND ADMINISTRATION OF FUND", OF SAID ORDINANCE, 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. section 8, Expiration and Administration of Fund, of city of La Porte Ordinance No. 00-2391, which was passed and approved by City Council on March 27, 2000, is hereby repealed. Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 3. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, 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 4. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the city Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The city council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 5. This Ordinance shall be in effect from and after its passage and approval. PASSED AND APPROVED, this d.1JV- day of ~1hL~ , 2005. By: CIT../\ ~F LA PORTE .~~;p~ Alton E. Porter Mayor ;Ii~dfJ' Ma t a A. G~ lett City Secretary APPROVED: /LuA 7: ~~~ Clark T. Askins Assistant City Attorney 2 !f~-=.~~~:'~~_...~.- '::: ,-I ," MUNICIPAL COURT :1 ;~~<;' - i 46=6 ,-" ;, _; .(:;...., ~i ZOGr (4) Identification cards and systems; ru \ r ~~. ~-- (5) Electronic locking and surveillance equipment; (6) Bailiffs, police officers or contract security personnel during times when they are providing appropriate security services; (7) Signage; (8) Confiscated weapon inventory and tracking systems; or (9) Locks, chains or other security hardware. (e) Administration. The municipal court building fund created in this section shall be administrated by or under the direction of the city council. (Ord. No. 95-2070, ~~ 1-5, 10-9-95) State law reference-Authority to levy building security fee, Vernon's Ann. C.C.P. art. 102.017. Sec. 46-5. Bonds and minimum fines. (a) The city council adopts the schedule of bonds and minimum fines which are printed in appendix B of this Code. (b) The clerk of the municipal court is hereby authorized to have the schedule of minimum fines for traffic violations printed on the reverse side of the violator's copy of traffic citations, and to furnish such schedule to the city police department for its use. (c) The clerk of the municipal court is hereby authorized to accept, upon a plea of guilty or upon a plea of nolo contendere, the amount shown on the opposite of each of the offenses described in subsection (b) of this section, as a minimum fine therefor, without the necessity of the violator appearing in court. (Ord. No. 93-1890, ~~ 1-3, 2-22-93; Ord. No. 96-1890-A, ~ 1, 5-20-96) Sec. 46-6. Municipal court technology fund. (a) Establishment. (1) There is hereby created and established a municipal court technology fund, here-in- now known as the fund, pursuant to article 102.0172 of the Code of Criminal Procedure. (2) The fund may be maintained in an interest bearing account and may l?e maintained in the general revenue accbunt. (b) Establishment of amount of the fee and assessment and collection. (1) The fee shall be in the amount of $4.00. Supp.N o. 4 CD46:5 S 46-6 LA PORTE CODE (2) The fee shall be assessed and collected from the defendant upon conviction for a misdemeanor offense in the municipal court as a cost of court. A defendant is considered convicted if: a. A sentence is imposed on the person; b. The person is placed on community supervision, including deferred adjudication community supervision; or c. The court defers final disposition of the person's case. (3) The fee shall be collected on conviction for an offense committed after this section is adopted. (4) The clerk of the court shall collect the fee and pay the fee to the finance director ofthe city, who shall deposit the fee into the municipal court technology fund. (c) Designated use of the fund and administration. (1) The fund shall be used only to finance the purchase of technological enhancements for the municipal court of the city including: a. Computer systems; b. Computer networks; c. Computer hardware; d. Computer software; e. Imaging systems; f. Electronic kiosks; g. Electronic ticket writers; or h. Docket management systems. (2) The fund shall be administered by or under the direction of the city council of the city. (Ord. No. 2391, SS 1-3, 3-27-00) Editor's note-Section 8 of Ord. No. 00-2391 states: "In accordance with article 102.0172 of the Code of Criminal Procedure, this section and the assessment and collection of the municipal court technology fee expires September 1, 2005. The purpose of the use of any funds remaining in the Fund shall continue to be used and administered as required by this section and for that purpose this section remains in effect." Supp.N o. 4 CD46:6 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: March 2 2005 Appropriation Requested By: Wayne Sabo Source of Funds: N/A Department: Planninl! Account Number: N/A Report: _Resolution: _Ordinance:....K...- Amount Budgeted: N/A Exhibits: Amount Requested: N/A Ordinance p & Z Staff Report Aerial w/200'radius Map Zoning Map Budgeted Item: N/A SUMMARY & RECOMMENDATION The Planning and Zoning Commission, during their February 17, 2005, meeting, held a public hearing to receive citizen comments regarding Rezone Request #R05-002. This request is for the property located in the 3900 Block of Underwood Road adjacent to the Summer Winds Subdivision. The subject tracts comprise approximately 14.5 acres ofland, described as TRS 813 & N 300 ft. oflts. 698 & 699 (4.7047 ac.), TRS 698A, 699A & 814 (4.8700 ac.), and TR 698B & 699B & 815 (4.8900 ac.) La Porte Outlots, W.M. Jones Survey, Abstract 482, La Porte, Harris County, Texas. Currently, the adjacent properties are single-family residential. The applicant, Michael Fisco, is requesting a rezone from Low-Density Residential (R-I) and Medium density Residential (R-2) to Neighborhood Commercial (NC). The subject property has commercial establishments operating as pre-existing and non-conforming for several years. The purpose of rezone request is to bring some degree of non-conformity into a more-conforming use with the current ordinances. In addition, it would provide for better land use opportunities, some degree of conformity with the current ordinances, and protect neighboring residential uses by conforming the land use to neighborhood commercial development only. Being in the vicinity of several neighborhoods, the property in question is suitable for the requested change to NC. Staff recommendation was in support of the request. As required by Ordinance, seventy notices of public hearing were mailed to property owners within 200' of the site. The City received one response in favor and nine opposed. Four additional responses in opposition were received at the P&Z meeting. While the use of the property was not in question, neighboring residents objected the animals grazing on the property. With proper acreage, animals are permitted as an accessory use under the current zoning ofR-1 and R-2, and would be permitted under neighborhood commercial (NC). The Planning and Zoning Commission, by a vote (4-3) recommends to City Council denial of Rezone Request #R05-002. Action Required bv Council: I. Conduct public hearing. 2. Consider and take action on ordinance to rezone 14.5 acres ofland located in the 3900 block of Underwood Road from R-I and R-2 to NC as requested by the applicant, Michael Fisco. The Planning and Zoning Commission recommended denial. To overturn recommendation, it would require a % vote or 7 of9 members. Approved for City Council A2enda 3- ;;;(::( ~ 0 5 Date ORDINANCE NO. 1501-flHnH f) r 0 i Aa. rt~ II tA{ AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, I CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY CHANGING THE ZONING CLASSIFICATION FROM LOW DENSITY RESIDENTIAL AND MEDIUM DENSITY RESIDENTIAL TO NEIGHBORHOOD COMMERCIAL REQUESTED BY MR. MICHAEL FISCO, OF AAA FLEXIBLE PIPE CLEANING COMPANY LOCATED AT 3900 UNDERWOOD ROAD, ADJOINING THE SUMMER WINDS SUBDIVISION, 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 17th day of February 2005, 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 February 17, 2005, 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 February 28, 2005, 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. 1501-111111 H 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 28th day of March, 2005, 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. 8y 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 Low-Density Residential (R-1) and Medium Density Residential (R-2) to Neighborhood Commercial (NC). The description of said parcels of land is as follows, to-wit: "TRS 813 & N 300 ft. of Its. 698 & 699 (4.7047 ac.), TRS 698A, 699A & 814 (4.8700 ac.), and TR 6988 & 6998 & 815 (4.8900 ac.) La Porte Outlots, W.M. Jones Survey, Abstract 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 ORDINANCE NO. 1501- J.lH#H Page 3 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. "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 March, 20.?f' CITY OF LA PORTE rJ fL Oi PeA:ta a/ By: ALTON PORTER, Mayor ATTEST: By: MARTHA GILLETT, City Secretary ity Attorney 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, 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 17th day of February, 2005, in the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider rezone request #R05-002, submitted by Michael A. Fisco c/o La Porte Properties, LLC., for the property located at 3900 Underwood Road. The property is further described as TR 813 & N 300 ft. ofLTS. 698 & 699 (4.7047 ac.), TRS 698A, 699A & 814 (4.8700 ac.), and TRS 698B, 699B & 815 (4.8900 ac.), La Porte Outlots, according to the map thereof, recorded in Volume 83, Page 344 of the Deed Records of Harris County, being out of and a part of the W. M. Jones Survey, Abstract 482, La Porte, Harris County, Texas. The applicant seeks to have this property rezoned from Low- Density Residential (R-1), Medium Density Residential (R-2) to Neighborhood Commercial (NC). A regular meeting of the Planning and Zoning Commission will follow the public hearing to act 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 are required to sign in before the meeting is convened. CITY OF LA PORTE Martha Gillett City Secretary A quorum of City Council members may be present and participate in discussions during this meeting, however, no action will be taken by Council. 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 information. "._XHIBfl 1\ THE STATE OF TEXAS ;: . ::',,' -.' ~', " COUN-rf OFliARRIS CITY'()FLAPORTE r;,ei;;. B ar':;::,'/t'I":i:':':::::'\~:;:~}li;"::::;::;:'::I:i' ':"(:>'::)!:;(i)'::~"'\:::::':";l re" o ':- ':.. -:.:~:: .:: ..;., :: '; ': .:?: :}. :;".': ;::: '. ~:'\. ~ ,,:, ." "::'. "'. . .;.. ..:: .".... .~. ..... ..... :.': : .' . ':<.:d '. u:..' 'ServiJlg"Th~'B~J~~117}1.~~,;'fA:;~~'~l Since 1947' 281-471-1234 Fax: 281-471-5763 Sun ,,' Porte arris xas the undersigned authority, on this date peared Karolyn Kellogg, a duly authorized ive of The Bayshore Sun, a semi-weekly ~ublished and generally distributed in the .~~!;\,69,9~~:r:; Porte, Harris County, Texas an~ who after '.'~.~.").t.'~.'.'t'(l.p.;.'.'..?.."'th'....".'e;'".i."..,. sworn, swears the attached notlce was 'ulOg. J. ... I / r-- ':'J~}jii;;: n The Bayshore Sun dated iO I 30 Ou Q9;~t!Al \ .' , %~~\! #'- ....:.......o........rt.......'....e.........'....:..'..,....:...H....,.......a........m........s.......'.:.........::.....\ / in.1Jp', ~/' ........:,.h&~pli...r ~ . ." o : hSve :this\ ~~ii~Xfr?~d Iogg . Sworn and subscribed before me this l1-r!i 7-M~ , 2005. day of ~).~ Sandra E. Bumgarner Notary Public H~rris County, ~exas My Commission Expires April 30, 2006 J ~. J City of La Porte Established 1892 February 28,2005 Hon. Mayor Alton Porter and City Council City of La Porte Re: Rezone Request #R05-002 Dear Mayor Porter: The La Porte Planning and Zoning Commission, during its February 17, 2005, meeting, held a public hearing to consider Rezone Request #R05-002. The property, a.k.a. AAA Flexible Pipe Cleaning Co. Inc., is located at 3900 Underwood Road. It is further described as as TR 813 & N 300 ft. ofLTS. 698 & 699 (4.7047 ac.), TRS 698A, 699A & 814 (4.8700 ac.), and TRS 698B, 699B & 815 (4.8900 ac.), La Porte Outlots, according to the map thereof, recorded in Volume 83, Page 344 of the Deed Records of Harris County, being out of and a part of the W. M. Jones Survey, Abstract 482, La Porte, Harris County, Texas., The applicant seeks to have property rezoned from Low Density Residential (R-l) and Medium Density Residential (R-2) to Neighborhood Commercial (NC). The Planning and Zoning Commission, by a (4-3) vote, has recommended denial of Rezone Request #R05-002. 604 W. Fairmont Pkwy. · La Porte, Texas 77571 . (281) 471-5020 :2XHIBrr C 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, and the provisions of the Texas Local Government Code, notice is hereby given that the City Council will conduct a public hearing at 6:00 P.M. on the 28th day of March, 2005, in the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider rezone request #R05-002, submitted by Michael A. Fisco c/o La Porte Properties, LLC., for the property located at 3900 Underwood Road. The property is further described as TR 813 & N 300 ft. ofLTS. 698 & 699 (4.7047 ac.), TRS 698A, 699A & 814 (4.8700 ac.), and TRS 698B, 699B & 815 (4.8900 ac.), La Porte Outlots, according to the map thereof, recorded in Volume 83, Page 344 of the Deed Records of Harris County, being out of and a part of the W. M. Jones Survey, Abstract 482, La Porte, Harris County, Texas. The applicant seeks to have this property rezoned from Low-Density Residential (R-1), Medium Density Residential (R-2) to Neighborhood Commercial (NC). A regular meeting of the City Council will follow the public hearing to act 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 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 City Secretary's office at (281) 471-5020 or TDD Line (281) 47J-5030for fUrther information. ~~XHIBIl D THE STME Of__JB<AS '. COUNTY ~,E ,H,ARRIS f .,'".,,;,,/ , '! CITY OF U\'PORTE . .\: J,i; 3\:",,:" /\~: II ,,, .', 't J,V ~"'';'<~':' ':, S tred as 77571 281-471-1234 Fax: 281-471-5763 NOTICE OF PUBLIC ,HEARING wno the P:::""-= e tion106~171of.the City of La Porte's Code , of9rdi- minc6s, and fuEi provision:> of. the. ,Texas .... LOcal' Gave ernment .,' .Code.;::Ootice .' is hereby given that the City Counpil will conduct a pub- : .lich~in{Jpt!i;99'~J,I4...0~1 . ttle '. .~t,March, 2 , hei;,;COilOcil C C'II,604 West ay, La Uf- 'P. ..... , tlS.to consider" r uesl #R05-002, s .' by , Michael A.Fi?qo clo.Lli ' Porte ProPerties, LtC.; for thepropertyloQat~}at , the undersigned authority, on this date 3900"Unde,rwOO<f'Road.) appeared Karolyn Kellogg, a duly authorized . The property is fllrth,e,r ,de.,.. . . scribecla$TR8t:r~;;N ...' atl.ve of The Bayshore Sun, a se11u-weekly 300ft. ofLTS.69$&'6~:' published and generally distributed in the ~~~~r:~1'(~;rio6~t)~a porte, Harris County, Texas an<;l who after andTRS:698~,()Sl9B&\lY sworn, swears the attached notl.ce was 815,(4)890t).l:I<<,),~.~tteT~ in The Bayshore Sun dated 03//3 /oS- Outlots, . accordlngtoth.ej . . map thereof, re,C?rded If! " Volume~3.''page'344of i " L.$~...,~.*.'.~;..~...~..~.,:.;.'.~...:...~..~.;.J,.~~c::Jd-~ cant seeks to . have. thisf property.. 'reioned.!; ffpni' i low.;Deii'$itf r. R~~i<:t~ntial . (Ren, .MediumtD~risity I Residential (R~2) to, Neigh- i boihoodCommerci<l.1 {N9F~ subscribed before me this > ,I ' 200 5 . A fegulatrn~et- : jog of the City Cou.l'l9ifwill follow the public hearing to ~ act upon thepubli~ heare ' ing itemsandtoeonduct I other matters Pertaining to Bumgarner the Council. '. (.l1b 1 i c uu.......::Uf county, Texas . '':::'' /.. ',' \ :~... .. ";', ........ ..', . . 'SerVillgT~~~:Sillce 1947' Sun a Porte Harris Texas /1-rH day of ~.~~ My Commission Expires April 30, 2006 f ,atHIBll i ..J J.2J Staff Report February 17, 2005 Zone Change Request #R 05-002 Requested for: TRS 813 & N 300 ft. of Its. 698 & 699 (4.7047 ac.), TRS 698A, 699A & 814 (4.8700 ac.), and TR 698B & 699B & 815 (4.8900 ac.) La Porte Outlots, W.M. Jones Survey, Abstract 482, La Porte, Harris County, Texas. Locations: 3900 Underwood Road Present Zonine:: Low-Density Residential, R-l and Medium Density Residential, R-2 Requested Zonine:: Neighborhood Commercial, NC Back2:round: · The property in question is located along Underwood Road between Spencer Highway and Fairmont Parkway. · AAA Flexible Pipe Cleaning Company, Inc. has been in business since 1958. The company moved its headquarters from South Houston to La Porte in 1972. · The nature of their business is to clean, video inspect, and repair sewer lines for commercial, municipal, and residential clientele. · R.L. Utilities, Inc. is serving the utility construction community since 1983. It specializes in water and sewer underground utility construction, repair work, rehabilitation work, sliplining, and site work for municipalities as well as commercial properties. · The subject property has commercial establishments operating as pre-existing and non-conforming for several years. · The purpose of rezone request is to bring some degree of non- conformity into more-conforming with the current ordinances. Analvsis: The property described above is located on the west side of Underwood Road and is in the vicinity of Fairmont Park West, Summer Winds, and Spenwick Subdivisions, miscellaneous commercial retail, and Baker Junior School. Total area of the property is approx. 14.5 acres. An existing office building! Zone Change #R 05-002 February 17,2005 Page 2 of4 establishment site is approx. 4.89 acres (30% of the total area), while the rest of the tract (70%) is vacant and fenced all around. The site under consideration is currently zoned Low-Density Residential (R-l) and Medium Density Residential (R-2). The property is located along Underwood Road, which is a primary arterial for north and south running traffic from Fairmont Parkway enroute to S.H. 225. Currently, the facility is being operated under SIC Code# 7699 (Miscellaneous Repair Services), which is a permitted use in General Commercial (GC) zone. The operation at this site is considered to be pre-existing and non-conforming. Keeping in view the future development of adjoining tracts and due to the broader ranges of uses allowed in GC zones, the NC zone is, by comparison, not as attractive for business development. The area in which the subject tract is located is one that, based on the criteria established by the City's Comprehensive Plan, is suitable for the requested zone. Staff feels that it will provide for better land use opportunities, some degree of conformity with the current ordinances, and protect neighboring residential uses by conforming the land use to neighborhood commercial development. Conformance of a zoning request with the Land Use Plan is one consideration among several criteria to be considered for approving the zone change request. Other criteria may include: · Character of the surrounding and adjacent areas; · Suitability of the property for the uses permissible within the zoning designation; · Extent to which approval of the application would detrimentally affect of substantially harm the value of nearby properties; · Extent to which the proposed use designation would adversely affect the carrying capacity of existing infrastructure; and, · The gain, if any, to the public health, safety, and welfare of the City. Land Use -- A zoning change from Low-Density Residential (R-l) and Medium Density Residential (R-2) to Neighborhood Commercial (NC) would be compatible with the surrounding area. Neighborhood Commercial zones are designed to provide services and goods only for the surrounding neighborhoods and are not intended to draw customers from the entire community. The zones Zone Change #R 05-002 February 17,2005 Page 3 of4 Conclusion: Recommendations are intended to be small in size, located in close proximity to residential developments and situated so that they are not in direct competition with areas of General Commercial development. Some of the other uses allowed in a Neighborhood Commercial districts are as follows: Antique stores Doctors and dentists offices Drugstores Eating places Financial Hardware stores Parking Garages and Ramps Personal services Professional offices Recreational facilities Review of the City's Land Use Plan shows the subject tract is envisioned as developing for low-density residential uses. Current developments, however, include single-family residential, Junior High school, and retail commercial. Existing development at this particular property is considered to be pre-existing and non- conforming. The proposed rezone seems to be compatible in making current development "more conforming". Transportation - The tract in question gains access along Underwood Road, a primary arterial with 1 00' public right-of-way will accommodate the additional traffic generated by any future development at this site. Utilities -Utilities are in place to support the present development. No additional utilities will be needed for future projects. Storm water drainage will be reviewed carefully with the development plan submittal for the future projects. The tract in question is suitable for the requested change. There are some commercial properties in the close proximity to these tracts. The development within the subject tracts should not have any adverse impact on the surrounding area. A change from residential to commercial should not negatively impact the surrounding properties and should not harm the value of the nearby properties. The overall impact on public services will be minimal. Moreover, the change would not adversely impact the public health, safety, and welfare of the City. Based on the above analysis, staff finds the requested change is compatible with the zoning and uses of nearby properties and Zone Change #R 05-002 February 17,2005 Page 4 of 4 recommends approval. The property in question is suitable for the requested change to NC. Staff recommends changing the zoning designation of these tracts from R-I, R-2 to NC. Actions available to the Commission are listed below: . Recommend to Council approval of this rezoning request from R-I, R-2 to NC. · Recommend to Council denial of this rezoning request from R-I, R-2 to NC. . Table this item for further consideration by the Commission. N.T.S. LEGEND ROS-002 REZONE RE~UEST AAA FLEXIBLE PIPE CLEANING PROPERTY LINES 12 14 1 6 17 l..!J//://.. ~ / ,// /' / /' r//// ~ /// /// /// ,,/ !/'/ ///' // /' ,/' // 1!i / / /./,. l/'/ ~// //'/ //// "" ~ // 18 " , " / ? ~ /// // /// ,// ./ f ,/ / 6/@'8'" f;./ ..,,' / ,.' ?,' / ' ' , 699 ~ 14 15 22 23 25 27 30 LEGEND REZONE REQUEST #R 05-002 TRS 698A, 698B, 699A, 699B, 813, 814 & 815 LA PORTE OUTLOTS R-l. . . . LOW DENSITY RESIDENTIAL R-2. .MEDIUM DENSITY RESIDENTIAL PROPOSED AREA OF REZONE ,~ft' n REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: March 28. 2005 Requested By: Wayne Sabo ~ Report: Resolution: Ordinance: X Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: N/A Department: Planninl! Exhibits: f!) ( ()/ ~.4i1C e- SUMMARY & RECOMMENDATION a b/-t. The Planning and Zoning Commission, during their February 17, 2005, meeting, heA pnbli~earing to receive citizen comments regarding Rezone Request #R05-003. This request is for the property located at 11820 North "H" Street approximately 300 ft. west of Sens Road. The subject tract comprises 2.08 acres of land described as TR 239A out of La Porte Outlots, Enoch Brinson Survey, Abstract 5, La Porte, Harris County, Texas. Current development is considered to be commercial in nature. City's proposed Fire Station No.3 will be located just east of this facility at the comer of North H and Sens Road. In addition, nearby properties along Sens Road are commercial and industrial. The adjacent properties to west and north are single-family residential. The applicant, Richard Detwiler c/o Chem Coast, is requesting a rezone from Low-Density Residential (R-I) to General Commercial (GC). The purpose of rezone request is to provide for additional office space and parking facilities. Ordinance p & Z Staff Report Aerial w/200'radius Map Zoning Map The subject property has a commercial establishment previously operating as a general commercial permitted facility in 1987. The present zoning designation of R -I appears to be inappropriate as assigned per official zoning map of the City when compared with previous zoning map showing the tract as commercial. In addition, the underlying land use would support commercial designation for the subject tract. The proposed rezone seems to be compatible with the zoning and uses of nearby properties. Being in the vicinity of several commercial and industrial establishments along Sens Road, the property in question is suitable for the requested change to GC. Since this is an existing business, the effect of the change from R-I to GC should not have an adverse impact on the adjacent properties. Staff viewed this request being justified given the company's initial permit and zoning. As required by Ordinance, eleven notices of public hearing were mailed to property owners within 200' of the site. The City received one response in favor of the rezone request. However, several residents of the area voiced opposition to the rezone request at the P&Z meeting. This opposition centered on the company's nature and use rather than the proposed expansion. The Planning and Zoning Commission, by a vote (4-3) recommends to City Council denial of Rezone Request #R05-003. Action Required bv Council: I. Conduct public hearing. 2. Consider and take action on ordinance to rezone 2.08 acres ofland located at 11820 North "H" Street from R-l to GC as requested by the applicant. The Planning and Zoning Commission recommended denial. To overturn recommendation, it would require a % vote or 7 of 9 members. Approved for City Council A2enda 3-;:2~-O3 D Date ORDINANCE NO. 1501-1IIT 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 LOW DENSITY RESIDENTIAL TO GENERAL COMMERCIAL REQUESTED BY THE CHEM COAST, INC. LOCATED AT 11820 NORTH H STREET, NEAR SENS 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; or 0 ;1\4.#1 L f&.JJ/d.. 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 1 yth day of February 2005, 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 February 17, 2005, 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 February 28, 2005, 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. 1501-Ilrr 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 28th day of March, 2005, 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 Low-Density Residential (R-1) to General Commercial (GC). The description of said parcels of land is as follows, to-wit: ''TR 239A out of La Porte Outlots, Enoch Brinson Survey, Abstract 5, 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- rrrt 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 March, 20Qf CITY OF LA PORTE By: ALTON PORTER, Mayor ATTEST: By: MARTHA GILLETT, City Secretary 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, 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 17th day of February, 2005, in the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider Rezone Request #R05-003, for the property located at 11820 North H Street. The property is further described as TR 239A being a 2.08 acre tract ofland out of Outlot 239 in the La Porte Outlots, recorded in Volume 61, page 374 ofthe Deed Records of Harris County, Texas, in the Enoch Brinson Survey, Abstract 5, La Porte, Harris County, Texas. Richard Detwiler c/o Chern Coast, Inc., seeks to have this property rezoned from Low-Density Residential (R-l) to General Commercial (GC). A regular meeting of the Planning and Zoning Commission will follow the public hearing to act 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 are required to sign in before the meeting is convened. CITY OF LA PORTE Martha Gillett City Secretary A quorum of City Council members may be present and participate in discussions during this meeting, however, no action will be taken by Council. 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 information. ~:XHIBn A . . THE STATE OF TEXAS ;:; ,", ..... No, ;.-:.".:..__t. . . COUNTY OF HARRIS CITY OF LA PORTE NOtiCE OF PUBLIC HEARING . 77571 . ,", ...... ... .... . ::::;:;:;:;::::::::':". i~i,~i.q,,:; Blls.lre '" ......,...<::::..:::;::;.:....,.:.::..:;:...:.::..::::::@:::::~::::.::.:.:.::;:;:....;:r 'Serving The 1J(l)lsll(}J.?IJWA:l~ea Since 1947' 281-471-1234 Fax: 281-471-5763 reet ~.. . SUD ,. Porte farris Sworn and subscribed before me this '/YI~ , 2005. ~j.~ 17 -r.!l- day of Sandra E. Bumgarner Notary Public Harris County, Texas My Commission Expires April 30, 2006 J XHU311 .9' City of La Porte Established 1892 February 28, 2005 Hon. Mayor Alton Porter and City Council City of La Porte Re: Rezone Request #R05-003 Dear Mayor Porter: The La Porte Planning and Zoning Commission, during its February 17, 2005, meeting, held a public hearing to consider Rezone Request #R05-003. The property, a.k.a. Chern Coast Inc., is located at 11820 North 'H' Street. It is further described as TR 239A being a 2.08 acre tract of land out of Outlot 239 in the La Porte Outlots, recorded in Volume 61, page 374 of the Deed Records of Harris County, Texas, in the Enoch Brinson Survey, Abstract 5, La Porte, Harris County, Texas. The applicant seeks to have this property rezoned from Low-Density Residential (R-1) to General Commercial (GC). The purpose of rezone request is to provide for additional office space and parking facilities. The Planning and Zoning Commission, by a (4-3) vote, has recommended denial of Rezone Request #R05-003. ~h~ Pat Muston Chairperson, Planning and Zoning Commission 604 W. Fairmont Pkwy. · La Porte, Texas 77571 . (281) 471-5020 f. lEV. .. ~-; g;;I~ ~ , 't V. 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, 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 28th day of March, 2005, in the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider Rezone Request #R05-003,for the property located at 11820 North H Street. The property is further described as TR 239A being a 2.08 acre tract ofland out of Outlot 239 in the La Porte Outlots, recorded in Volume 61, page 374 of the Deed Records of Harris County, Texas, in the Enoch Brinson Survey, Abstract 5, La Porte, Harris County, Texas. Richard Detwiler c/o Chern Coast, Inc., seeks to have this property rezoned from Low-Density Residential (R-l) to General Commercial (GC). A regular meeting of the City Council will follow the public hearing to act 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 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 City Secretary's office at (281) 471-5020 or TDD Line (281) 471-5030 for fUrther information. ). J THE STATE OF TEXAS COUNTYoF HAARI~ CITY OF LA PORTE .....:.:::::::::;::::::::::::::~:i:::f::::::;::;::;:::::;::::::.... hr~~};, a:.:::;i:':::::':'I:::'::'~::"::::;::'>'I;:';::::'i':::':::~.::::: :':'::;:':':::"::'::1)':::>(::":':' re ':';' .. . .:: f: ::. :.,:', ~ ,,' '; . .' . .:: . . :: ...... .::'.. ".: 'SerVillgT;':_.ii:~SiIlCe 1947' NOTICE OF PUBLIC HEARING :ct 7571 . " .~. In accordance with the provisions in Section 106- 171 of the City of La Porte's Code of Ordinan- ces, and the provisions of ~ the Texas Local Govern- ment Code, notice is here- by given that the La Porte City Council will conduct a public hearing at 6:00P.M. on the 28th day of March, 2005, in the Council Chambers of City Hall, 604 West Fairman! . .. rkway, La P Texa he pur- pose . ring j~ to coosi /tR05- lrris located. r Street epr .' .tas . thet d ..ib~. -'I>..l . beIng 'a 2.08 a, ."act. rif land out ofOutlot239in . . . the La. POrle Outlots.re- he underslgned authorlty, on thls date ..... "d I corded.inV.oIUlTle. 61,pa9. e. peared Karolyn Kellogg, a dUl. y authorized 374 of.the Deed Reco~s lye of The Bayshore Sun a semi-weekly of Hams County, Texas, In L . , .; . the Enoch Brinson Survey, ~bllshed and generally dlstrlbuted ln the ~bstract5, La Porte, l-ia~= forte, . Harris County, Texas an~ who after ns County" Texas.RI ~worn swears the attached notlce was charq Detwiler clo Chern P , / / Coast, Inc;, seeks to nave ~ The Bayshore Sun dated 03 /3 / oS' this property rezoned from ' Low-Density Residential 'j (R-1) to General Commer- " cial (GC). ( , A regular meetmg of the City Council will followfue public hearing to act upon the public hearing items and to conduct other mat- ters pertaining to the Council. ~bscribed before me this 2005. I?-n-I day of . Citizens wiShing to ad- dress the Council pro.' or con during the public hear- ing are required 'fo sign in ~ before the lTleeting is con- ), v,eoed, ~~ CITY OF LA PORTE Martha Gillett City Secretary umgarner ic ty, Texas ..This facility has disability accommodations avail a- . ble..' Requests for accom- modations or. interpretive services. at . meetings should be made 48 hours prior to the meeting. Please contact City Secre- tary's office at (281) 471" 5020 or TDD Line (281) 471-5030 for further infor- mation. .on Expires April 30, 2006 281-471-1234 Fax: 281-471-5763 SUD f ,~HIB1l '\ .LJ Staff Report February 17,2005 Zone Change Request #R 05-003 ReQuested for: A 2.08 acres of land described as TR 239A out of La Porte Outlots, Enoch Brinson Survey, Abstract 5, La Porte, Harris County, Texas. Locations: 11820 North 'H' Street Present Zonin2: Low-Density Residential, R-l ReQuested Zonin2: General Commercial, GC Back2:round: . The property in question is located along North Avenue H near Sens Road in Lomax area. . At the time of consolidation of Lomax area into the City, the property in question was assigned a zoning classification of R-l Residential. This was done under the provisions of Ordinance 780, the Zoning Ordinance in effect at that time. . During the zoning map review of 1981 (hand drawn color map), staff found the subject property was zoned Commercial. . Chern Coast, Inc. was founded in 1981. The business began in Galena Park. By 1987, the company moved to a new facility in La Porte. As per HCAD record, the facility was built in 1986. . On January 26, 1987, as part of the comprehensive rezoning of La Porte (Ordinance 1501), the subject property shows zoning as Low-Density Residential (R-l). . Under Ordinance 780, there were no functional differences between various types of commercial zoning designations. Under Ordinance 1501, there are definite differences between Neighborhood and General Commercial zones. . In 1992, the City switched to a computer based format for our zoning map. Zoning map amendments are shown on this computer generated map. . The subject property has commercial establishments operating under the current zoning ordinance 1501 (Chapter 106). Zone Change #R 05-003 February 17,2005 Page 2 of4 Analvsis: . The purpose of rezone request is to provide for additional office space and parking facilities. During 1991 zoning ordinance review, there were two Neighborhood Commercial (NC) zones located along the west side of 26th Street (Sens Road). These zones occupy an area located between North 'H' Street and northern boundary of the Pine Grove Valley Subdivision. The Pecan Villa Mobile Home Park separates the two NC zones (Exhibit). The Commission proposed rezoning of this area from NC to General Commercial (GC). The legal description of the tracts being considered was La Porte Outlots 241, 261, 280, TR 260A out of Outlot 260. This rezoning was proposed in response to the concern that neighborhood commercial is not the most viable zoning designation for these tracts. Chern Coast, Inc. is a full service Inspection Company, independent analytical testing lab serving the Port of Houston and Gulf Coast areas since 1981. The company offers variety of services, e.g. field services, analytical services, and customer service. Field Services consist of management, dispatch, and the marine inspectors groups. Analytical Services offer state of the art facilities and instrumentation to perform a wide variety of chemical analysis. The company utilizes standard methods and client supplied methodologies in the testing of sampling. Customer Service provides the vital support necessary for the coordination of all field and laboratory operations. The Chern Coast also provides additional services, e.g. writing of procedures and participates in consultation with terminal personnel both domestic and international. The property described above is located to the south of North H Street at approx. 300 ft. west of Sens Road. The City has purchased adjoining 1.835 acre tract out of Outlot 240 for future Fire Station No.3 along Sens Road. The remaining part of Outlot 240 (0.69 ac.) is owned by Chern Coast. The area in which the subject tract is located is one that, based on the criteria established by the City's Comprehensive Plan, is suitable for the requested General Commercial (GC) zone. The request appears to be compatible with the surrounding uses. Conformance of a zoning request with the Land Use Plan is one consideration among several criteria to be considered for approving the zone change request. Other criteria may include: . Zoning and uses of nearby properties; . Character ofthe surrounding and adjacent areas; Zone Change #R 05-003 February 17, 2005 Page 3 of4 Conclusion: . Suitability of the property for the uses permissible within the zoning designation; . Extent to which approval of the application would detrimentally affect of substantially harm the value of nearby properties; . Extent to which the proposed use designation would adversely affect the carrying capacity of existing infrastructure; and, . The gain, if any, to the public health, safety, and welfare of the City. Land Use -- Review of the City's Land Use Plan shows the subject tract is envisioned as developing for commercial uses. Current development is considered to be commercial in nature. In addition, nearby properties along Sens Road are commercial/industrial. The proposed rezone seems to be compatible in making current development "more conforming" with the ordinances. Transportation - The tract in question gains access along North H Street with 60' public right-of-way will accommodate the additional traffic generated by the proposed development. Utilities -Utilities are in place to support the proposed development. No additional utilities will be needed for this project. Storm water drainage will be reviewed carefully with the development plan submittal for the proposed project. The tract in question is suitable for the requested change. There are General Commercial zone properties in the close proximity to this tract. The development within the subject tracts should not have any adverse impact on the surrounding area. A change from Low-Density Residential to General Commercial should not negatively impact the surrounding properties and should not harm the value of the nearby properties. The overall impact on public services will be minimal. Moreover, the change would not adversely impact the public health, safety, and welfare of the City. When considering a rezoning, the Planning and Zoning Commission is charged to base its determination on certain criteria and conditions. A tract of property may be considered for rezoning if it is determined that: . The present zoning designation was assigned as a result of error, or; . The present zoning designation was inappropriate at the time it was assigned, or; Zone Change #R 05-003 February 17,2005 Page 4 of 4 Recommendations · There has been a sufficient degree of change in or around the area in question to render the present zoning designation inappropriate. Based on the siting criteria above, the tract in question is suited for General Commercial designation. Additionally, the underlying land use would support commercial designation for the subject tract. It, therefore, appears that the R -1 zoning assigned to the property in 1987 is inappropriate and an error was made in assigning zoning classification. Granting the requested change would not be contrary to the goals and objectives of the Comprehensive Plan. Based on the above analysis, staff finds the requested change is compatible with the zoning and uses of nearby properties and recommends changing the zoning designation of this tract from R-1 toGC. Actions available to the Commission are listed below: · Recommend to Council approval of this rezoning request from R-1 to GC. · Recommend to Council denial of this rezoning request from R-1 to Gc. · Table this item for further consideration by the Commission. N.T.S. ROS-003 REZONE RE~UEST 11820 NORTH "H" STREET PROPERTY LINES 257 244 237 4 258 243 238 3 18 259 242 2 <> (j) z w (j) '---/ (> r- (j) ~ LEGEND REZONE REQUEST #R 05-003 TR 239A LA PORTE OUTLOTS R-l. .. . .. . LOW DENSITY RESIDENTIAL _ GC , , . , , , , , , , , . .GENERAL COMMERCIAL BI ""....,... BUSINESS INDUSTRIAL PROPOSED AREA OF REZONE ,"';;Gt;i'!.l >jj~~ _ REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: March 28.2005 Requested By: Wayne Sabo ~ Appropriation Source of Funds: N/A Department: Plannin2 Account Number: N/A Report: Resolution: Ordinance: X Amount Budgeted: N/A Exhibits: P&Z Staff Report Aerial Map Ordinance General Plan Amount Requested: N/A SUMMARY & RECOMMENDATION . The applicant is requesting a Special Conditional Use Permit (SCUP) for developing an industrial park containing rail operations, warehousing, industrial and commercial uses. . This request was initially approved as SCU# 98-001 with one extension, and again as SCU#02-002 with one extension. The first SCUP expired for lack of activity and the latter expired on June 20, 2004. . Staff received a detailed sketch plan on May 28, 2004. Plan did not qualify as a certified Site Plan. A post-review letter was sent to the applicants on June 3, 2004. . The developer put together a new development team and submitted a General Plan on January 24, 2005. The Commission held a public hearing to consider Special Conditional Use Permit #SCU05-003. . The owner/developer also amended the original Development Agreement in anticipation of new developments or changes in the area. There are few notable changes requested by the owner/developer to the original Development_ Agreement, which are summarized as follows; ) ~ The applicant requests that payment of $50,000 for a traffic study not be required since the County has undertaken the construction of an overpass at Fairmont parkway and Powell Road, that any payment for that purpose be made only if a building permit is granted for any area east of Powell Road, and an agreement with the City is reached concerning economic benefit and need for the study. ~ This agreement also contemplates that all trucks will enter and leave the site via SH146 and Wharton Weems Blvd. and no trucks will proceed north along Powell Road to Fairmont Parkway. Powell Road, north of Wharton Weems, will not be designated truck route. Recognizing that these are difficult issues, Staff and the Developer created a preliminary development proposal that is in the best interest of the City of La Porte. All applicable elements of the Comprehensive Plan were initially reviewed and incorporated into this development proposal. We now see some forward movement on the development in general, since the developer has introduced a new team to implement this project. The Commission recommends approval of the Special Conditional Use Permit with the understanding that a revised General Plan, Development Agreement, and all Exhibits contained therein will be presented in fmal form and that the SCUP does not go into effect until all elements are approved by the City. The Commission recommended approval of the General Plan and Special Conditional Use Permit with the following conditions in place: 1. This SCUP is not applicable to any specific development anticipated or proposed by General Plan. 2. This SCUP outlines in general terms the proposed Planned Unit Development. The developer recognizes and understands that any future construction or development of the private or public improvements anticipated by this SCUP and the General Plan shall require further submittal and approval of plats, site plans, construction drawings, engineering analysis, covenants, etc. 3. Said submittals shall be in accordance with this SCUP, the approved General Plan, the Development Agreement, Ordinances and policies of the City of La Porte and specifically Section 106-216 & 217 of the Zoning Ordinance. 4. The Developer shall comply with all applicable laws and ordinances of the City of La Porte and the State of Texas. Action Reauired bv Council: 1. Conduct public hearing. 2. Consider taking action on recommendation for approval by P&Z for Special Conditional Use Permit #SCU05-003. .5 -dd- -()3 Date Staff Report February 17,2005 Request: Requested Bv: Requested For: Present Zonine:: Requested Use: Backe:round: Texas Import/Export Park Special Conditional Use Permit #SCU05-003 Special Conditional Use Permit#SCU05-003, Proposed Development of TIEP within a Planned Unit Development (PUD) Zone La Porte 81, Ltd., La Porte 82, Ltd., La Porte 115, Ltd., and La Porte 146, Ltd., by Stuart Haynsworth, General Partner Approximately 342 acre tract in the George B. McKinstry League, Abst.-47; W. P. Harris Survey, A-30; Johnson Hunter Survey, A-35, City of La Porte, Harris County, Texas. The property is located in the 2000 Block of Powell Road (South 16th Street). Planned Unit Development (PUD) Industrial, Commercial and Retail Texas Import/Export Park is a proposed industrial, commercial and retail development to be located in an area south of Fairmont Parkway between the existing Union Pacific Railroad tracks and the State Highway 146 South. As a part of the PUD development process, the applicant previously submitted a Special Conditional Use Permit and a General Plan covering the La Porte 81 Ltd., 82 Ltd., and 115 Ltd., and Daetwyler Enterprises. The Planning and Zoning Commission initiated a Public Hearing for the SCUP and General Plan on July 21, 1998 and concluded that public hearing on August 20, 1998. On March 3, 1999, the Commission unanimously recommended approval of the SCUP, General Plan, and the Development Agreement. On March 15, 1999, City Council approved the General Plan, SCUP#98-001, and the Development Agreement. Only Stuart Haynsworth, General Partner of La Porte 81 Ltd., 82 Ltd., and 115 Ltd. executed the Development Agreement. Daetwyler Enterprises (now CDM Enterprises) did not execute the Development Agreement. On April 27, 2000, the Commission granted a one (1) year extension for SCUP#98-00 1. In February 2002, Mr. Haynsworth initiated a request to re-authorize the General Plan, Development Agreement and SCUP. The applicant's request was essentially a repeat of the previously approved SCUP#98-001 less the Daetwyler (now owned by CDM) properties. SCU05-003 Feb 17,2005 Page 2 of 4 At the May 16, 2002 meeting, the Planning and Zoning Commission held a public hearing to re-authorize the General Plan, Development Agreement and Special Conditional Use Permit (SCUP) request #SCU02- 002. On June 10, 2002, City Council approved General Plan, Development Agreement and SCUP#02-002. A one-year extension was subsequently granted in June 2003, which was expired on June 20, 2004. Owner/developer submitted another application for Special Conditional Use Permit #SCU04-011. The Planning and Zoning Commission, at their meeting on June 17, 2004, held a workshop and discussed the following Issues: . Site plan submittal . Dedication/improvement to Powell Rd. . Phase I-A development (strip of land contiguous to UPRR containing two rail lines ) . Phase I development (first warehouse, with rail access) . Access from Powell Rd. . Traffic flow concept for entire project The outstanding issues were too complex for staff to make a recommendation at that time. In addition, the applicant requested to submit the new plan at the next meeting. Later, per instructions from the City Attorney, as the subject property was under litigation, an application along with the check was returned to the applicant. Analvsis: Section 106-216 of the Code of Ordinances, and the approved SCUP both define a one-year time frame for construction to begin for the Phase I development. Failure to begin construction within one year voids the approved SCUP unless an extension is granted by the Commission. Since approval of the extension on SCUP#02-002 from City Council, no construction occurred at the site. The applicant stated that unforeseen reasons delayed the project, but the applicant expressed interest in developing the site. Since another extension on the present SCUP was not allowed, this request represents a new submittal. Staff received a general plan for proposed development of Texas ImportlExport Park. There are no notable changes in the development conditions that would affect the subject property. All infrastructure requirements are the same as they were when this project received initial approval. This project shows some forward progress with the new developers.' The developer asked that present conditions have mandated changes to the Developer's Agreement associated with this SCUP. There are few notable SCD05-003 Feb 17,2005 Page 3 of4 changes reauested bv the owner/develooer to the present Development Agreement, which are summarized as follows; . The applicant requests that payment of $50,000 for a traffic study not be required since the County has undertaken the construction of an overpass at Fairmont parkway and Powell Road, or in the alternative, that any payment for that purpose be made only if a building permit is granted for any area east of Powell Road, and an agreement with the City is reached concerning economic benefit and need for the study. . This agreement also contemplates that all trucks will enter and leave the site via SH146 and Wharton Weems Blvd. and no trucks will proceed north along Powell Road to Fairmont Parkway. These roadways will not be constructed as 4 lane right-of-ways. As, Harris County agreed to fund the overpass at Fairmont Parkway, this is simply one of many issues regarding traffic impacts of the proposed project. In addition, other traffic engineering studies need to be funded by the owner/developer. While, the City's Thoroughfare Plan, Comprehensive Plan, and TIRZ recommend 4-lane road for this area. The controlled traffic will be directed to State Highway 146 via Powell Road to Wharton Weems Blvd., both to be constructed as 4-lane roadways to Harris County Major Thoroughfare Standards. Site Rail Traffic - The Union Pacific Railroad Overpass construction project will start in May 2005. Construction will likely take approximately 12 months. It is likely that the overpass over the railroad tracks on Fairmont Parkway will be completed before the Texas Import/Export facility contributes significant traffic to the existing rail lines crossing Fairmont Parkway. Once constructed, there will, of course, be zero impact to vehicular traffic on Fairmont Parkway due to stopped trains, switching etc. The usual and customary delays to vehicular traffic on Fairmont Parkway due to the overpass construction should be expected. Utilities - The proposed waterline interconnect loop to be used for both fire suppression and potable water supply will likely have to continue the existing waterline on Powell Road south to the newly proposed intersection of Wharton Weems Blvd and Powell Road whereupon the waterline will turn east and run to SH 146. A set of bores will likely be needed to run the future waterline across SH 146 to connect to the existing 16" waterline on the east side of SH 146. It is expected that the waterline will continue south through the proposed intersection of Wharton Weems Blvd and Powell Road south to McCabe Road, thence east to SH 146. Again, a set of bores will likely be needed to take the future waterline across SH 146 to connect to the 16" waterline on the east side of SH 146. The Public Warks Department has assured us in the past that the City has ample water supply to accommodate the projected demands. SCD05-003 Feb 17,2005 Page 4 of 4 Drainage - It is expected that the anticipated drainage study on the subject property will include the effect of the development on the surrounding properties as well as the development's effect on the watershed. A thorough drainage report will and should include such effects. Such a report should give details of the proposed drainage channel to be constructed extending A104-00-00 into the development, its use as in-line detention, expected runoff flows and internal drainage subareas. For the properties (if there are any) that drain through the property in question, it is also expected that the drainage report will address such impacts and suggest mitigation efforts. Conclusion & Recommendation: Recognizing that these are difficult issues, Staff and the developer created a preliminary development proposal. All applicable elements of the Comprehensive Plan were initially reviewed and incorporated into this development proposal. Given that we now see some forward movement on the development in general, Staff recommends the Special Conditional Use Permit with the understanding that a revised General Plan, Development Agreement, and all supporting documents contained therein will be presented in final form and that this SCUP does not go into effect until all elements are resubmitted to the Commission and approved by City Council. Should the Commission wish to approve the SCUP in its present format, staff recommends the following: 1. This SCUP does not go into effect until amended General Plan, Development Agreement, and all other supporting documents are considered by the Commission & approved by City Council. 2. This SCUP is not applicable to any specific development anticipated or proposed by this General Plan. 3. This SCUP outlines in general terms the proposed Planned Unit Development. The developer recognizes and understands that any future construction or development of the private or public improvements anticipated by this SCUP and the General Plan shall require further submittal and approval of plats, site plans, construction drawings, engineering analysis, covenants, etc. 4. Said submittals shall be in accordance with the SCUP, the approved General Plan, and the future approved Development Agreement. 5. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. Actions required by the Commission: . Recommend to Council approval of this SCUP with conditions. . Recommend to Council denial of this SCUP. . Recommend tabling this SCUP for further review. ~ ~ ::: PROPOSED pf ORNINANCE NO. 1501- JJ:fT 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 CLASSIFICATION OF THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED; APPROVING AND AUTHORIZING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LA PORTE AND LA PORTE 81 , LTD., LA PORTE 82, LTD., LA PORTE 115, LTD., STUART HAYNSWORTH, GENERAL PARTNER, AND LA PORTE 146 LTD., FOR THE DEVELOPMENT OF A 342:1:ACRE TRACT IN THE CITY OF LA PORTE, TO BE KNOWN AS THE TEXAS IMPORT- EXPORT PARK; 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 1 ih day of February, 2005, 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. Subsequent to such public hearing, the Planning and Zoning Commission of the City of La Porte met in regular session on the 1 ih day of February, 2005, at 6:00 p.m., 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 February 28, 2005, 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. 1501-JJJJ 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 28th day of March, 2005, 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. The City Council of the City of La Porte hereby accepts 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 changed in accordance therewith, and the zoning classification of said parcels of land shall hereafter be "PUD - Planned Unit Development with a Special Conditional Use Permit" for commercial, business park, and some rail-serviced warehouse uses. The conditions of said Conditional Use Permit shall be that the property be formally platted as i:342-acre tract. Further conditions are as set forth in the Motion and Recommendations of the Planning and Zoning Commission of the City of La Porte, and shall be as set forth within 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: Approximately 342 acres of land out of the George B. McKinstry League, A-47; William P. Harris Survey, A-30; Johnson Hunter Survey, A-35 , City of La Porte, Harris County, Texas. ORDINANCE NO. 1501-JJ'3J Page 3 "Section 7. The City Council hereby approves and authorizes the Development Agreement in substantially the form as shown in the document which is attached hereto as "Exhibit G" and incorporated herein by this reference, by and between the City of La Porte and La Porte 81, Ltd., La Porte 82, Ltd., La Porte 115, Ltd., Stuart Haynsworth, General Partner, and La Porte 146, Ltd., for the development of an approximate 342- acre tract as herein described in the City of La Porte, to be known as the Texas Import-Export Park. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. "Section 8. 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. "Section 9. 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 10. This Ordinance shall be in effect from and after its passage and approval. ORDINANCE NO. 1501- J".J:fJ Page 4 Passed and approved this th;lfl'aay of N.. 2005. CITY OF LA PORTE By ~LY~ ALTON PORTER, Mayor ATTEST: BY~~ M R HA GILL TT, City Secretary 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 ofthe 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 17th day of February, 2005, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider Special Conditional Use Permit #SCU05- 003, which has been requested for approximately 342 acre tract in the George B. McKinstry, A-47; William. P. Harris Survey, A-30; Johnson Hunter Survey, A-35; City of La Porte, Harris County, Texas. The property is located in the 2000 Block of Powell Road (So. 16th Street). Mr. Stuart Haynsworth, General Partner, is seeking approval of a general plan and a permit for proposed development of the Texas Import/Export Park, a rail-oriented warehouse facility capable of handling products by rail and trucks. A Special Conditional Use Permit is required for the proposed development to be located within a Planned Unit Development (P.D.D.) Zone, per Section 106-637 of the Code of Ordinances. A regular meeting of the Planning and Zoning Commission will follow the public hearing for the purpose of considering the public hearing item 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 A quorum of City Council members may be present and participate in discussions during this meeting; however, no action will be taken by Council. 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 information. A THE ST A'fi:: vrT8<AS COUNTY OF HARRIS . . CITY OF LA PORTE . :'::';:~::::::::: NOTICE OFPUBLlC -rct '.HEARIf'JG .' 17571 ;:::;:::;=;=::;:;:;:;:;:;.;.::;:;.:.;.:.;.::.:::.:::.. ..:.:;:::.:.;.....:::::;:;:::::::::::::.:.:.:.:.;-;.:.:':~'. ............. .' 281-471-1234 Fax: 281-471-5763 I ~ " - - ',' -; , . ,-; .' .'.... ",'. '.., L. . ..In'accordancel I with the provisions'of Sec-! Ition 1Q6-f7.1ofme Code I of Ordinances ,of the City,~, of laPorte. ,and tI1~ provi-, sioi'ls'o(theTex8S Locitl (30verliment.~ocia-', notice. is.hereby. giy~n ,If}llt tOe La Po.r1eFlarjnin.9lin<1 Zoning Commis~i()n .-.viUcondUcia pllbliQ~~iing.m 6:00p;.r.t,. 0f1the,1 !Jh'~ '1 Fe~rU;' ary,2fJ()s,)~ (hE! ~unCli haJl1bElrs..Cltt~>~itYH~I, <604Wl\)$f Fairmilrit .Par1<~ I ~a'!.li'J.ep$) t~#lls..T~ pUrpOse/Clfttli~ ~l:l!iri[lg .is ~?,.~n~i~(~p~ielC::Clf)9\~ I ".IS.~.1fu.,._,~~.~orte 1~~~~t;rj~a:;lJ9~.tf~ ~~ 1 S -'-'in.me,. t<iI')S~ ~J!Y;'A~'-!';;i",I-;'~tz fif\'Jn U~u,JOh:ef~ he undersigned authority, on this date ,........ .,,,. , ~;o(~ 0 nw~~eared Karolyn Kellogg, a duly authorized :rex 10'- . f h h . kl ~t~i cl,ve 0 T e Bays ore Sun, a seml-wee y . Powell ,6th blished and generally distributed in the c~~t~~~~;B:;::~;e~~~:=!~~~~~~:;~;1;Eh;~~er ,()f~.T~>giS:Ir:npgrt/EXpl>f!i I, Parl<,'a'rail-Oflented .ware- "1 " hOU$efci.sUitY'~P?ble ;of 'iilfit&~i1Jz "":{'. ',. . ':';":":" ,~,:,::","::'~.":":.:.:"'~~:... , S e rv ill g . T h~'~Yjj~'~r.i~~~!.:.'ijt::~:~~~l Sine e 1947' Sun ~?rn and subscribed before me this /yt~ , 2005. / 7'ft day of ~1.~ Sandra E. Bumgarner Notary Public Harris County, Texas My Commission Expires April 30, 2006 J Q:;r.:.~......................."..........................r"""'J""""'/J""""'''''''''''''''''''''''''''''''''''''''''''''''''''''1 ~ ~~ SANDRA E. BUMGARNER ~ ~ 1"f'I':"--:<"b\ NOTARY PUBLIC, STATE OF TEXAS ~ ~(~,(~.() J;) MY COMMISSION EXPIRES ~ ~~ APRIL 30. 2006 ~ ~,/,/..o,:/,/""'~~,/'/"""'.r......"""''''''''''''''J''''''''''''''/'''''''''''''./.: .,jc~k :3 City of La Porte Established 1892 February 28, 2005 Honorable Mayor Alton Porter and City Council City of La Porte Dear Mayor Porter: During the regular meeting on February 17, 2005 the La Porte Planning and Zoning Commission, held a public hearing to consider Special Conditional Use Permit #SCU05- 003. The applicant, Stuart Haynsworth, General Partner, La Porte 81, Ltd.; La Porte 82, Ltd.; and La Porte 115 Ltd., seeks approval to build an Industrial/Commercial & business park on the property located in the 2000 Block of Powell Road (S.16th Street) for :t342 acre tract in the George B. McKinstry, A-47, William P. Harris Survey, A-30, Johnson hunter Survey, A-35, City of La Porte, Harris County, Texas. The proposed project will be developed in a Planned Unit Development (PUD) zoning district. The Planning and Zoning Commission, by unanimous vote (7-0), recommends approval of Special Conditional Use Permit #SCU05-003. This item will appear on the Council's March 28, 2005 agenda for your consideration. ~pe~UllY ~ll1itted, ~ofJ ~ Pat Muston Planning and Zoning Commission, Chairperson c: Debra Feazelle, City Manager John Joerns, Assistant City Manager Cynthia Alexander, Assistant City Manager John Armstrong, Assistant City Attorney Planning and Zoning Commission 604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 ". "'11 f · - n...... 'C ~f:"':'i('~ (~: '~ ~=~ '! I 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 City Council will conduct a public hearing at 6:00 P.M. on the 28th day of March, 2005, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider Special Conditional Use Permit #SCU05-003, which has been requested for approximately 342 acre tract in the George B. McKinstry, A-47; William. P. Harris Survey, A-30; Johnson Hunter Survey, A-35; City of La Porte, Harris County, Texas. The property is located in the 2000 Block of Powell Road (So. 16th Street). Mr. Stuart Haynsworth, General Partner, is seeking approval of a general plan and a permit for proposed development of the Texas ImportlExport Park, a rail-oriented warehouse facility capable of handling products by rail and trucks. A Special Conditional Use Permit is required for the proposed development to be located within a Planned Unit Development (P.U.D.) Zone, per Section 106-637 of the Code of Ordinances. A regular meeting of the City Council will follow the public hearing for the purpose of considering the public hearing item 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 information. 1J THE STATE OF TEXAS "'" .- COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING lreet j 77571 <ef/:., Ba::"':';-=':"i':I:"":":-:":':"::"'~'I:U:i::::'":::.::1: ..:/.::.::::-:.:.:1)':':'::.::::.'.....: re :. .' :~':. .: ." ~. ". =::: .. ", :. ~::: : . ;;:. ......... . .,:+'~':',"';"',,<<':i::,::::'" .:..:": :,.," 'Servi/lg..The."BEly~l.i7i;?~ffjf..:j~:;a Sitzce 1947' 281-471-1234 Fax: 281-471-5763 In accordanc13 with the provisions of Sec- ~ tion 106-171 of the ,Code' of Ordinances of the City of La Porte, and the provi- ,,; sions of the Texas Local ! Gov . ment Code, notice i is r y , 'nthatthe La , ~o, neil will con- ! ducta ~,r .hea, ,",'n,ga,t ! 6:00 . e 28th day of rct\. , in the Co cil~am s ()f the ; C' Ha 6 'est Fair- : mont Pa, ay, La porte" !I Texas. The purpose of this hearing is to considerlPorte ~~~~lcon=n~51o~;larr is which has been requested' r as for approximately 342 acre, , tract in the George B. i ~c~~:~ ~~~y~~~; ~he undersigned authority, on this date Johnson Hunter Survey, peared Karolyn Kellogg, a duly authorized A-35', City of La Porte, " f h B h S .,' kl ' H .: C ty Tex8s,The p. ve 0 Teays ore un, a seml-wee y pr~;:rtyo::\~ated in the .).lblished and generally distributed in the 2000 Block of Powell Road ,Porte, Harris County, Texas and who after (So. 16th Street). Mr. 'sworn swears the attached notice was Stuart Haynsworth, Gener- i ' / / alPartner" is see. ki,'n9, ,ap- 'r The Bayshore Sun dated C) 3, /3 () S proval ofa general plan and a permit for proposed '! ' development of the Texas ' ImportlExport Park, a rail~'1 t-. ~ :~::::;(~ x ~ Sun .. . Sworn and subscribed before me this 7n~ , 2005. M1.~ /1t!i day of Sandra E. Bumgarner Notary Public Harris County, Texas My Commission Expires April 30, 2006 J y~HIBjl ','~\ ..i....J City of La Porte Special Conditional Use Permit #SCU 05-003 This permit is issued to: La Porte 81, Ltd.; La Porte 82, Ltd. and La Porte 115, Ltd., La Porte 146. Ltd. and Stuart Haynsworth. General Partner. Owner or Agent 815 Walker, Suite 1435 Houston, Texas 77002 Address For development of: A 342 acre Planned Unit Development. known as Texas Import/Export Park. a mixed use development further defined by a General Plan prepared bY Northrup Associates. Inc. The Planned Unit Development is further defined by a Development Aoreement between the Owner/Aoent listed above and the City of La Porte. This Special Conditional Use Permit and the General Plan are Exhibits to and a part of the Development Aoreement. Development Name Legal description: 342 acres of land out of the George B. McKinstry League, A-47; Willi~m P H~rri~ Sllrvey, A-30: .John~on Hlmter SlIrvey. A-35 ~nd more particularly described by "Exhibit B" - Development Aoreement. Zoning: The 70ning for the trad i~ PI~nned l Jnit Development The permitted land uses for this Planned Unit Development are generally depicted on "Exhibit A" - General Plan of Texas Import/Export Park These permitted land uses are more specifically defined and/or restricted by conditions established in the Development Agreement. Permit Conditions: 1. This SCUP does not go into effect until amended General Plan, revised Development Agreement, and all other supporting documents are considered by the Commission & approved by City Council. 2. This SCUP is not applicable to any specific development anticipated or proposed by General Plan. 3. This SCUP outlines in general terms the proposed Planned Unit Development. The developer recognizes and understands that any future construction or development of the private or public improvements anticipated by this SCUP and the General Plan shall require further submittal and approval of plats, site plans, construction drawings, engineering analysis, covenants, etc. 4. Said submittals shall be in accordance with this SCUP, the approved General Plan, and the future approved Development Agreement. 5. 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 one (1) year 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 of the 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: ..3\ 'l.q\r:/{ \9 ~,~ City S cretary DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement") is entered into between La Porte 81, Ltd.; La Porte 82, Ltd.; and La Porte 115, Ltd., Stuart Haynsworth, General Partner and attorney in fact respectively; and their Successors and Assigns (Owner-Developer) and CITY OF LA PORTE, TEXAS, a Texas Municipal Corporation ("City") on the davof March,2005. Recitals Owner-Developer has proposed development of an approximate 342-acre tract in the City of La Porte, as the Texas Import-Export Park, which is referred to as the Tract and defined hereinafter in Article I. Owner-Developer plans to develop the Tract, presently zoned PUD, for retail, commercial, business park with some industrial uses. Owner- Developer shall construct municipal utilities, including streets, a water distribution system, wastewater collection system, and the storm drainage/detention system that will connect with the existing City of La Porte and other regional systems in accordance with development regulations and policies of the City and Harris County Flood Control District. The City has required, and Owner-Developer has agreed, that the tract will be developed in accordance with the General Plan approved by the City (as defined below and attached hereto). AGREEMENT NOW THEREFORE, in consideration of the mutual promises, obligations, and benefits contained herein, the City and Owner-Developer agree as follows: ARTICLE I. DEFINITIONS AND EXHIBITS 1.1 Definitions. Unless the context indicates otherwise, the following words as used in this Contract shall have the following meanings: City means the City of La Porte, Texas. General Plan means the plan for the physical development and use of the Tract as defined herein and approved by the City on 2005, or as amended as allowed herein. Owner-Developer means La Porte 81, La Porte 82, La Porte 115, Ltd. Partnerships or their assigns or succeeding developers. Tract means the approximate 342 acres of land to be developed by Owner-Developer as described in Exhibit A. Development Agreement (Draft) Page 1 of 9 -,'.-LUBnir -Xr-. F, 1.2 Exhibits. The following exhibits attached to this Contract are a part of the Contract as though fully incorporated herein: Exhibit A - Special Conditional Use Permit (SCUP) Exhibit B - Metes and Bounds Description of the Tract(s) Exhibit C - General Plan, Noting Proposed Section One Boundary and Uses Exhibit 0 - Land Use Exceptions Exhibit E - Draft Declaration of Restrictive Covenants for Texas Import Export Park applicable to all construction and uses. Exhibit F - Open Space / Trail System - Cross-Section Exhibit G - Traffic Control Plan Exhibit H - Harris County Major Thoroughfare Standards ARTICLE II. GENERAL PLAN AND LAND USE 2.1 General Plan and Land Use. Owner-Developer shall develop the entire Tract in accordance with the General Plan, SCUP and this Agreement approved by the City. The General Plan is attached herewith and additional Land Use Restrictions are provided for in paragraph 2.3. 2.2 Amendments. The City acknowledges and Developer represents that Developer's intent is to develop the Tract as a predominantly commercial PUD development, with some industrial components consistent with City's Land Use Plan subject to certain exceptions listed below. Developer or Developer's successors shall provide appropriate amenities and support facilities as set forth on the General Plan, which is attached to this Agreement. City acknowledges that Developer intends to develop the Tract in phases, and that all development shall be consistent with the Special Conditional Use Permit (SCUP), the General Plan, and this Agreement. Should Developer determine that the General Plan needs to be amended, Developer shall submit an application for amendment of the Special Conditional Use Permit, which said application shall be processed consistent with this Agreement, the current General Plan, and the Zoning Ordinance of the City of La Porte, as the same may be amended from time to time. Amendments to the General Plan, the Special Conditional Use Permit, and/or this Agreement shall be in writing. .. 2.3 Additional Land Use Restrictions. Owner/Developer agrees to conform all development and improvements to the Tract to the City's Code of Ordinances and established policies, and further agrees that land uses shall be further restricted according to "Exhibit 0". ARTICLE III. RESTRICTIVE COVENANTS Development Agreement(Draft) Page 2 of 9 3.1 Development of Restrictive Covenants. Owner-Developer has developed- Draft Declaration of Restrictive Covenants for Texas Import-Export Park, which are attached to this Agreement as Exhibit "E". These protective covenants and deed restrictions will apply to and be binding upon the Tract, and shall be in form substantially similar to Exhibit "E". The covenants and deed restrictions shall be approved by the City and shall be recorded concurrently with each recorded plat. ARTICLE IV. TERMINATION 4.1 Term. This Agreement shall have a term commencing on the date first written above, and continuing until the sooner to occur of (i) the date in which all portions of the Tract have been platted and developed (with construction of all streets and utilities on the Tract as reflected by the plats completed or installed and financed by the Owner- Developer). Failure of Owner-Developer to begin construction in accordance with the Special Conditional Use Permit within one year after issuance of said permit, or as scheduled under the terms of the Special Conditional Use Permit, shall terminate this Agreement. Owner-Developer may, before the expiration of one year, request an extension of time from the Planning and Zoning Commission, in the event that construction has not started in accordance with the Special Conditional Use Permit. ARTICLE V. OPEN SPACE/TRAIL, BUFFERING AND BEAUTIFICATION 5.1 Open Space/Pedestrian Trail System. The Owner-Developer shall provide common open space as shown in the City's Pedestrian & Trail Plan and the General Plan. This will be incorporated within the shown drainage easement and detention pond/drainage system, the cross-section details of which are further illustrated on the attached Exhibit F. It is recognized that, until the final design of the detention pond/drainage system is approved, the exact location and dimensions of these facilities are unknown. When the final design is approved, the City will evaluate the potential for use of these areas as public recreation amenities. At that time and with mutual consent, the City may elect to accept these facilities either in easement or fee. The initial development, of the detention pond/drainage system and perimeter landscaping of these facilities shall be the responsibility of the Owner - Developer. The responsibility of ongoing maintenance of these facilities shall also be determined after reviewing the final design. 5.2 Buffering and Beautification. The Owner-Developer shall implement a uniform and/or compatible landscape plan for all phases of the entire project that will address landscaping provisions not only adjacent to Wharton Weems Blvd. and Powell Road, but also within the building setbacks and landscape easements or reserves throughout. A Landscape Buffer (1 DO-feet wide) shall be provided along the west side of Powell Development Agreement(Draft) Page 3 of 9 Road and shall include extensive screening-type vegetation with grassed berms within the existing pipeline easement. A landscape buffer, 50' wide, will also be provided along State Highway 146. Landscape reserves shall also be included adiacent to all roadways, including the east side of Powell; but rather than screen, shall be landscaped compatible with the zoning and use of that adjacent property. 5.3 Signage. The Owner-Developer shall implement a sign standards policy, as part of the Declaration of Restrictive Covenants (Exhibit "E") consistent with the City's Code of Ordinances as guidance to insure effective and uniform signage is employed throughout the project. This policy will include uniform and/or compatible project identification monuments, business signage, street and other traffic directional devices conforming to the project's traffic control plan and deed restrictions. 5.4 Ownership and Maintenance. Ownership of the landscape buffers, reserves and easements will be held by fee ownership of adjoining property or by the Property Owners Association (POA), subject to conditions of the deed restrictions and landscape plan. The maintenance of the buffers, reserves and easements will be the responsibility of the contiguous property owners pursuant to provisions of the deed restrictions, enforced by the POA. The Open Space/Pedestrian Trail System shall be constructed within or adjacent to the drainage easement and detention pond/drainage system as dictated by the final detention design. Ownership and maintenance of the Open Space/Pedestrian Trail System and drainage/detention pond system shall be determined according to Article 5.1 of this Agreement. ARTICLE VI. SCHEDULE 6.1 Schedule. The Owner-Developer shall establish a specific schedule for the development and construction improvements of the project with the end user(s). As the construction of the project is to be in stages, then the components contained in each stage must be clearly delineated. However, as the basis of that detailed schedule, the following work program is anticipated: . Initiation of complete engineering study, including drainage and preliminary infrastructure design. . Detailed engineering design for Phase One, being all or substantial part of area identified herein as Section One. This would include rail connection to main line and a minimum spur connection to first building anticipated, water and sanitary sewer service initial drainage and detention to accommodate Phase One; . Construction of Wharton Weems Blvd. and Powell Road shall be completed within 12 months of Phase One completion; . Initiation of procedure to abandon and relocate portions of Powell Road, south of the project of Wharton Weems Blvd. shall begin within three months of SCUP approval. . Subdivision platting, site plan, and detailed engineering plans review by the City of La Porte and others; Development Agreement(Draft) Page 4 of 9 . Plat must demonstrate easements, dedicated to the City of La Porte, that provides access through private property for drainage and maintenance purposes. . Initiation of construction pursuant to item 6.1 (b) above, identified as Phase One; and . Continuation of remainder of development as rapidly as market demands. ARTICLE VII. FIRE PROTECTION, HAZARDOUS MATERIALS & SAFETY 7.1 Fire Protection. The Owner-Developer shall formulate a plan for fire protection to serve the Tract by separate agreement with the POA and respective grantees. 7.2 Hazardous Materials. The Owner-Developer agrees no hazardous materials as identified in State and Federal Standards (NEPA), OSHA, as well as City Fire Code, shall be stored on site. Compliance will be enforced by the POA in concert with the City. 7.3 Safety. The Owner-Developer shall formulate a public safety and training plan with the City and POA, to ensure safe, efficient handling and storage of materials prior to issuance of a building permit. ARTICLE VIII. TRAFFIC CONTROL PLAN 8.1.1 Traffic Control Plan. The Owner-Developer shall establish a Traffic Control Plan for the entire project to regulate to the extent practical project-generated vehicular traffic. In Section One, based on the target market use, the Traffic Control Plan (shown on the attached Exhibit G) will include designated truck routes to and from the site, segregation of automobile traffic, limitation of access from public streets (driveways) and utilization of common cross easements between tracts for internal circulation. 8.2 Truck Traffic. This controlled traffic will be directed to State Highway 146 via Powell Road to Wharton Weems Blvd. Project driveways will be constructed to induce proper directional movement to preempt to the extent practical north bound traffic on Powell Road. This will be complemented by traffic signage as appropriate. In addition, Owner-Developer shall employ routing plans, driver instruction, and other controls as necessary to obtain compliance of carriers, employees, and regular contractors or service vendors. 8.3 Driveway Access. The Owner-Developer shall establish driveway access controls that shall be controlled through restrictive covenants, architectural controls and City Site Plan review. This will include conditions and design standards consistent as to size, but fewer in number as established in TxDOT Driveway Manual and the City Zoning Code (106-835) pursuant to specific site plan review. Unless otherwise approved during review of preliminary and final plats, driveways along SH146 entering this Tract shall be limited or controlled access techniques will be applicable. Provision shall be made, where practical, for internal cross-access easements to maximize ingress, egress and circulation to minimize congestion on public rights-of-way and to encourage traffic to be directed to Wharton Weems Blvd. interchange. Development Agreement(Draft) Page 5 of9 8.4 Transportation Issues The Developer shall continue to work with the City, Harris County and other public and private sector interests to implement the timely study and/or construction of transportation components. The developer shall provide a proposed schedule of construction for transportation components that impact this project. ARTICLE IX. SITE RAIL TRAFFIC 9.1 Site Rail Traffic. Proposed development of overpass on Fairmont Parkway will improve rail efficiency in the area and potentially decrease current rail impacts on Fairmont Parkway due to stopped trains, switching etc. However, on-site rail facilities and operations shall be controlled by Owner-Developer. ARTICLE X. UTILITIES, DRAINAGE 10.1 Utilities, Drainage. The Owner-Developer shall design and construct adequate water, wastewater, and drainage facilities to serve each phase of this project in accordance with the City requirements and as further defined by this Agreement. As to water and sanitary sewer, this would include a water system necessary for both fire suppression and potable water supply with a loop connection to the 16" main on the east side of S.H. 146 and a gravity wastewater disposal system that flows into a 60" trunk line on UK" street south of Fairmont Parkway. The Developer will provide a drainage study for the subject property, which will include the effect of the development on the surrounding properties as well as other properties in the watershed. The study and design of drainage improvements shall meet the requirements and approval of the City and Harris County Flood Control District. Owner- Developer's representative agrees to meet with City, prior to design of public utilities, to discuss design criteria standards and policies. City shall approve all construction plans and specifications for public improvements. ARTICLE XI. BUILDING LINES 11.1 Building Lines. The Owner-Developer shall establish building lines appropriate to the use, but not less than those prescribed in the City's Code of Ordinances. Within the industrial area west of Powell Road there will be a landscaped 1 DO-foot buffer and building line along Powell Road. Similarly, along State Highway 146, a 50-foot landscape buffer and building line shall be maintained. These respective 100 and 50 feet landscape buffers shall be kept free from all other uses with the exception of signage, approved drives and entrances. Owner-Developer agrees that other building lines will be either equal to or greater than that required by ordinance for the zoning use shown and shall be based on site use and orientation of the improvements or as shown on the General Plan. ARTICLE XII. MISCELLANEOUS Development Agreement(Draft) Page 6 of 9 12.1 Sale of Tract; Assignability. Any contract by Owner-Developer to sell the entirety or any portion of the Tract to a person or entity intending to develop the tract or such portion thereof (a "Successor Developer," whether one or more) and any instrument of conveyance for the entirety or any portion of the Tract to such Successor Developer shall recite and incorporate this recorded Contract and exhibits hereto and provide that this Contract be binding on such Successor Developer. 12.2 Force Majeure. If by reason of force majeure any party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement, then if such party shall give notice and full particulars of such force majeure in writing to the party within a reasonable time after occurrence of the event or cause relied on, the obligation of the party giving such notice, so far as it is affected by such force majeure, shall be suspended during the continuance of inability then claimed, but for no longer period; and any such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term "Force Majeure" as employed herein shall mean acts of God, strikes, lockouts or other industrial disturbances, acts of public enemy, orders of any kind of the Government of the United States, or any civil or military authority, insurrection, riots, epidemics, landslides, lightning, earthquake, fires, hurricanes, storms, floods, washouts, arrests, restraining of government and people, civil disturbances, explosions, or partial or entire failure of water supply resulting in an inability to provide water necessary for operation of the water and sewer systems hereunder. Force Majeure may not be claimed by Owner-Developer under any set of circumstances prior to commencement of construction on the Tract. 12.3 Law Governing. This Contract shall be governed by the laws of the State of Texas and no lawsuit shall be prosecuted on this Contract except in a federal or state court of competent jurisdiction. 12.4 No Additional Waiver Implied. No waiver or waivers of any breach or default by any party hereto of any term, covenant, condition, or liability hereunder, or the performance by any party of any duty or obligation hereunder, shall be deemed or construed to be a waiver of subsequent breaches or defaults of any kind, under any circumstances. 12.5 Addresses and Notice. Unless otherwise provided in this Contract, any notice, communication, request, reply, or advice (herein severally and collectively, for convenience, called "Notice") herein provided or permitted to be given, made or accepted by any party to the other (except bills), must be in writing and may be given or be served by depositing the same in the United States Postal Service and addressed to the party to be notified. Notice deposited in the mail in the manner hereinabove described shall be conclusively deemed to be effective, unless otherwise stated in this Contract, from and after the expiration of three (3) days after it is deposited. Notice given in any such other method shall be effective when received by the party to be notified. For the purpose of notice, addresses of the parties shall, until changed as hereinafter provided, be as follows: Development Agreement(Draft) Page 7 of9 If to the City, to: If to Owner/Developer, to: City of La Porte Attn: City Manager 604 W. Fairmont Parkway La Porte, Texas 77571 La Porte 81, Ltd. La Porte 82, Ltd. La Porte 115, Ltd. c/o Stuart Haynsworth, General Partner 815 Walker,Suite 1435 Houston, Texas 77002 The parties shall have the right from time to time and at any time to change their respective addresses and each shall have the right to specify any other address by at least fifteen (15) days written notice to the other. 12.6 Merger and Modifications. This Contract, including the exhibits that are attached hereto and incorporated herein for all purposes, embodies the entire agreement between the parties relative to the subject matter thereof. This Contract shall be subject to change or modification only with the mutual written consent of the parties. 12.7 Benefits of Contract. This Contract is for the benefit of the City and Owner- Developer and shall not be construed to confer any benefit on any other person except as expressly provided for herein. 12.8 Attorney's Fees. In the event of any litigation between the parties with respect to this Agreement, the prevailing party shall be entitled to recover its reasonable attorney's fees and court costs from the losing party. 12.9 Government Immunity Preserved. The Owner-Developer and the City agree that the City does not, by entering in to this Contract or performing any act hereunder or by failing to take any action hereunder, waive any governmental immunity that the City, its officers, employees, or representatives, have under any law. 12.10 One-Party Breach. Any breach of this agreement by one party identified and referred to herein as Owner-Developer shall not be or constitute a breach of this agreement by the other party of Owner-Developer. 12.11 Covenant Running With the Land. The obligations imposed on Owner- Developers herein shall not impose personal liability on them, but shall constitute a covenant running with the land, and as such shall be binding on the present owners of the Tract as well as subsequent owners thereof. OWNER-DEVELOPER La Porte 81, Ltd. La Porte 82, Ltd. La Porte 115, Ltd. Development Agreement(Draft) Page 8 of 9 By: Stuart Haynsworth, General Partner Date: CITY OF LA PORTE, TEXAS By: ~~~d;!-U ~ City Manager Date: ATTEST: Martha Gillett, City Secretary APPROVED: Development Agreement(Draft) r~ Page 9 of 9 , / REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: March 28. 2005 Appropriation Requested By: Wayne Saho Source of Funds: Bond Fund 040 Department: Planning Account Number: 040-9892-847-11.00 040-9892-700-91.50 Report: Resolution: Ordinance: x Amount Budgeted: $171.848.00 Exhibit 1: Ordinance Amount Requested: $83.000.00 Exhibit 2: Map of Tract Budgeted Item: YES NO SUMMARY & RECOMMENDATION As part of the La Porte Comprehensive Plan and the FI0l Master Watershed Plan, the continued build out of the FI01 channel system was recommended to help ease some of the drainage burdens that the existing systems are experiencing the in the Lomax area and to serve future development The owner, Maria Marrero, of the land located on North P Street where such property is identified on the attached exhibit had heretofore sought to build on land earmarked for future expansion of the FI0l system. The City has reached agreement with the property owner to purchase the land needed for the continued build out of the FIOl system for the amount of$83,000. The land the City will be acquiring is called out as Tract lA. Tract 2B, and Takings C as shown in yellow on Exhibit 2 attached hereto - such land totalling 5.12 acres. It is recommended that the City of La Porte purchase this land at this time to keep the FI0l plan intact. The recommended source of the funds is Fund 040 which has an earmarked $19,895.31 and a contingencyof$151,953 from FY 04-05 budget. A public hearing is not required. Action Reauired bv Council: Consider approving an ordinance permitting the city to purchase 5.12 acres ofland on North P Street for the sum of $83,000 for the FlOl system continuance. Approved for City Council A2enda ~~~k~ ebraBrooks F azeUe, City anager 3-d;J-D 5 Date <Y EXIlIBIT 1 ORDINANCE NO. 2005- ~~j.O AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND MARIA MORRERO, INDIVIDUALLY AND AS INDEPENDENT EXECUTRIX OF THE ESTATE OF MARIO MARRERO, DECEASED, FOR PURCHASE OF REAL PROPERTY FOR THE F101 FLOOD DRAINAGE PROJECT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, a copy of which is on file in the office of the City Secretary. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. ORDINANCE NO. 2005- ;.6,Jlo PASSED AND APPROVED, this day of March, 2005. CITY OF LA PORTE By: f\\ ''T) ~~~ l~ Alton E. Porter Mayor ATTEST: PAGE 2 EXHIBIT 2 I i i i i i ------- 1 i i i i i i i !1 i ~ : ------- i 1>1 I ~ t~'" 'IJ : !, f I.. : i i i ~ i i c:i : ------- i ~ i i~ ! i : i : i UJ i LOT 5 ~,z ! , '1-:, r,fJ.L..r------: :z: ~ I , Ii i ...J : I 3' PRIVATI l5UT --l I I I J'\J'1f-;g~'I: ________ I Z i ".., I ",.,,~ "', · ~ i 01 I ' ; ! IIIll: : : :i I we:; : : i j i UJ: 0Jn.0f !H I _ _ _ _ _ _ _ _ J _ _ _ o.m.m 33" % LOl .4 i ...J ! - -ciJh.DT Jl8" - - - : ~ 13r 'G.oa' " I,' 1) I ).1- I ,l4._ I "P' ! 0 I : I LOT I I U'J i ! : lffg~~T i ~ ------- ! i J: ! f"" '" I I I I ".~ I ",.,,1- "\1 i i i- :: i, i bl: LOT~ I 1 01: I g, :i : :z I ~1- Ii: ,q.1Q I iJ. "p.~ .,. i ! : i ------- [\ (i I: I ~ ~: " i ~ 1>: : ~~~ ! i-I ".., ~ ". ". LOT Ii! f", i ! I: I : '.0", L. Hl",,':J!.. - - - - ' i : 5ACWER ~ ,tP I d"" . : ~ ...", ~q;'=~" ._ .: _ _ _ ,j1l.P'. ~_~ : =.-:.-:.- -.:---.~_..-...,., ," 1-- - - ":;:.'1' ~::Ii1.VLI -. --'-, 1- :. - --.----. - -_ _ :J~ -C:. = OrlOt - -- ,. ,lUmP , . ,~. ,'J.. I - - - ...: -'- -'- ~ ~ - - 4>~:l!!'_ - - -'';9.- :"'- '-- - - - - - - - - - - - - - - ! ,..' NOR I H 'pI.' ~TREET (80' R.O.W.) : -- -- -~~)!! ~~ ~!~- ----- --- -- UJ.IL.to , fl911 1Gttl'19 Htc;.r.HA.MI~Tl!'~ltJC. ~.C,c.r,J<<). .J99l531 :U.601O' JG 1VCT , T~A.cT (A\ :l. 1lJJr1A.~ H.C_C.r. NO. YOlAn3 5."4' N; CVT ex 0JT\.01'! J:n. 33.01 A.N03<l1 LOT 8 ee, 13G1 TA.~\ tJbS' LOr 7 0Jn.0'f .UJ - - om.m ll3- - ..... - cun.ar 3.011 ~_. HC_';"~.o. \U.IUS. ~NZI"H.C.D.I. - -o:m.m 334- -------- _ __Il.i;.'.J;.Q. fI! .I!"""riii:J;VJ.61L _,. , , , LO! 6 R. THA.X101 H.c.c.r.NO. !60AU.ol TCl.i\cT 2 (5) IKE'S ADDITION W' 61S IS7.l1 ,..~ EASl 150.00' \l\.\l'f. " , ". - -- -- - .-'tLIP~;-;;;::.7" - -- - - -- -- - - -.. - --- ----.:;-c=J ------ --- -...... -.. ~.~ -;'-7 --- 51...t:a ]3 lHE. lllU lU IHe. u-r FUI<1t1ER, O..mell5 HI THE USE Of' THE P Uf..IQ&STRUCTED Am. 1WElJ1Y ('0) fEET /oJ ALL COMMOt-l us FURTHER, ""'".os , TO ALlER. .J.,.ME.t..IO. 1'1 I!JjES5 , OUR, -I-f D~Y Of' - 5y: /1 ~ ~ / &{,- .. .. \. <. LOREN, 5T"'TE OF TEXAS COUNTY OF H"RRI BEfORE ME, THE UI ).PPEAQW GREGORI WIJoIE 15 sueSC!l'ew rHAT THEY E><ECUfW . EXPllESSW ""D IW *VEN UNDER MY , ,~N- ' 5TATE OF TEXAS COUNTY OF HARR BEfORE ME, THE I ).PPE~RW LORENI W>J.\E 15 sueSCQleEC THAT THEY E~IW E)<PQESSED AA1D I~ G~~~~: ,- ~ i ~ I (") I S. t ~ i '" Q: ;0 ~ [5 0- t 8 + ~ t ~ + Simmons t ~ t ~ t (") s. t ~ ;- t ;0 Strang Rd trang Rd Slrarlg Rd Strang Rd 0- Strang Rd ~, OJ ,0. ;;; ar " 0- (fl is c '" =r ~ ~ ~ I !g I S? porid . N Avenue P Ql ~ < t or :E ~ + CD < Pond + m :k- . I s: '!!. t S' (0 NLSt ~ f!] 2: 0 '< N Avenue L 0: N Avenue :x: l1> Ql C 0 :E iil 3 ~ l1> r- " Pond ~ I ~ ;0 0- P St N Avenue P ;0 0: ~. g ;0 0- Pond , N Avenue LN L S eoUd 01 a ;0 0- (ll to N Avenue H N A enue H z .., ~ ". 6" :0 !a Subject: Subject- North P St CAUTION: ~ang Rd !(;' :0 .. ;0 0- t f T t t f !(;' :0 .. ;0 0- '" '" S' U> 11l ::l .. ;0 0- N Avenu CD c H NHSt eO Flood Zone Information FEMA Map No, 48201 C0935J Effective Date 11/06/1996 100-Year 100-Year Floodway 100-Year Coastal 500- Year ~ l__ I Outside 500-Year NCSt '" i~ If!] o I 0.375 0.75 I n ht 19 4. 04 The location of flood hazard areas shown on thiS map are approximate only. Flood hazard boundaries may change from time 10 time. A property in the general viclnit of a flood hazard area should be evaluated b a civil en !neer or other appro nate s eCjalist rior to purchase or Investment. Prepared by RC Chuoke & Assoc using MapPro Service. MapPro Inc., 3033 Chimney Rock, SUite 580, Houston, TX 77056 (713)789-1406 ASKINS & ARMSTRONG, P.C. P. O. Box 1218, La Porte, Texas 77572-1218 Telephone: 281-471-1886 Telecopier: 281-471-2047 Memo To: Martha Gillett, City Secretary, City of La Porte From: John D. Armstrong, Asst. City Attorney, City of La Porte Date: April 19, 2005 Re: F101 Flood Drainage Project - Purchase of Real Property from Maria Marrero, Mario Acres; GF #569669-U Enclosed is the original recorded General Warranty Deed in the above-referenced matter. Please file this document in the vault with the City's Deed records. Please don't hesitate to call if you have any questions. . Page 1 AlilERICAN TITLE COMPANY-DP J&9I;ftf---tl Y392721 O~/13/05 100765106 $18.00 tl"l) GENERAL WARRANTY DEED )~ NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOllOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. ) Date: 4;:>12( L ~ ,2005 Grantor: MARIA MARRERO, Individually and as Independent Executrix of The Estate of Mario Marrero, Deceased Mailing Address: 11710 Milam Dr., la Porte, Texas 77571 Grantee: City of la Porte, a municipal corporation ~~i !~I ~'<IIi ~~ Mailing Address: 604 W. Fairmont Pkwy., la Porte, Texas 77571 i I i"!", ,~ ' ~l Consideration: Ten and No/100 Dollars ($10.00) cash and other good and valuable considerations ~ Property (including any improvements): Itl i~i Being 5.124 acres of land, more or less, out of Outlots 327,334 and 347, of THE TOWN OF lA PORTE, a subdivision in HARRIS County, Texas, ~ according to the map or plat thereof, recorded in Volume 61, Page 374 of 1= the Deed Records of HARRIS County, Texas, and being more particularly described by metes and bounds as shown on Exhibit "A", attached hereto. Reservations from and Exception to Conveyance and Warranty: Taxes for the current year have been prorated and are assumed by Grantee. This conveyance is made subject to all and singular the restrictions, conditions, oil, gas, and other mineral reservations, easements, and covenants, if any, applicable to and enforceable against the above described property as reflected by the records of the county clerk of the aforesaid county. Grantor for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. ~~-~~ MARIA MARRERO, Individually and as Independent Executrix of the Estate of Mario Marrero, Deceased )t " l- ) it f ~) 1\, if'~ \T't ~) I \ \ ~tq ct) '\iJ STATE OF TEXAS 9 9 COUNTY OF HARRIS 9 This instrument was acknowledged before me on the Y day of April, 2005, by MARIA MARRERO, Individually and as Independent Executrix e Estate of Mario Marrero, Deceased. .1i- j;\.q .~ ....,_~!.Jlplf., [;{:*'.....~~\ . . .., '- -. .. ",. "... ..:.;.~ ~~~. 0,; ..,:...~~\: In'?...,"> D ::RANKS CHAMBERS, II N tary !\,I'! COMMI,iSiON F:XPIRES ,lL:r~ .,2.2006 '" '~:]:'~ W r Pi ...--...... !,.,. \t? (,.) -J TER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: v Askins & Armstrong, P.C. P. O. Box 1218 LaPorte, TX 77572-1218 ASKINS & ARMSTRONG, P.C. P.O. Box 1218 La Porte, TX 77572-1218 BXHIJIIT to A" (MAJlIMO) FIBLD NOm 00SCR1PI10N OF 5.1~' ACRBI 01\ 22).)40.64 SQtJARR PHrn' OF LAND BE1NO our OF AND PART OF otm.ars 321, 3M AND S47 OF nm 10WN OF LA POR'I'U. ACCORDTNO TO nm MAP OR PLAT 1'H1'1WJl Ka:ORDBD 1N VOWMB CU, PAQB 314 OF DIE DEED IU$CORDS OF HARRIS COUNTY, TBXAS, BBINO IN nIB ENOCH HKlNSON LEAOUE. A-'. CITY OF 1.A PORTE. HARRIS COUNrY, '11bcAs: SAID '.1249 ACRF..C; 'R~ MORE PARTICULARLY DBSCRJ'Bro BY METES AND ~ AS FOIJ.OWS; COMMENCING, at a 518 inch iron rod f'ouud IDllIkin8 tho oripuaJ soumWest comer of Outlot 327 of uid Town of La Porte. said point nOW beina the IcudJwest comer of tot t. Block I of Dibello'. Lola, aCCOlding to the plat reootded under Film C<Xfe No. 564275 of the Map Rcccrds or Hurl. County, Texas, said point .Is&> beina on the north right-of-way line or North "P" Su= (80 (eet wide); .~t;I.t.~~..,. .1t,jr.,;~,f ".u"., ""\,1' I, "'''''''''~''$''' /~,. THENCE. N 000 00' 57" W. alongw west line of said I..all, Block' of Pibel1o's Jm. a distance of 580.80 feet to ~ inch capped iron rod found fOr the POINT OF BEGINNING of the haem described tract; l1IENCE. continuing, N 000 00' 57" W, a distance of 802.85 feet to 4 point for the northWc:8t c(lfI'Ier of the ~-in described tract, I1lso being the northwest comer of said Outlot 347 aDd being the south line of a Hickham Indu.'lry 22.6010 acre tract according to the instrument fLlcd under Iiams County Clerk', Fi.1c: No. J99253I; UlENCF" N R90 44' 27" E, 410llg the north line \l( said Outltlt 347 lIDd the soulh line of said Hickman IndusIIy tntct. a distance of 336.00 feet to a point for' tbc northeast comer of the herein described tn:let and beinS the northeast comer of said OuJot 347, uid point being oo1he wcst tine:of an UIlJ'c:c;()(dcd subdivision mown as Ikc's Addition: il'l ~" i;~:1 t,,, ,,' I I 1:'1 i~) I ! '~t~ II) """ ~i 'lllENCE, S 00. 00' sr E, aloog the cast Imc of said Outlot 347, a distance of 485. I 7 fi:et to a lx,un in tlw c.:cnlcr line of 11 40 foot Harris County Flood Control Drainage &scmc:nt u m:ordcd in Volume 1445, Page 676 of tile Deed Records ofHan'is County, Texas; TIlENCE, WEST. along the CCDtc:rline orsaid Drainage F.4semeJlt. a distAnCe of J72.00 feet to a point fOf comer. lHENCE, S 00. 00' 57" C, . distance of 9()(),OO fcx:t to a ~ inch capped iron rpd (ound for the most southerly southeast comer of ~ haein described tract. said point being on the north right-of-way liDc of said NMh "P" Street; 11 IENCE. WEST. along the north right~f-way line of said North "P" Street, a distance of 14.00 fi:d to a YJ. inch capped iron rod found for the most southerly southwest comer of the herein dc:tcribcd tract, said point being the southeast comer of said Lot 1. Block 1 of DibcUo's Lots; ~~ 1-"" i"/I'I TItENCE. N 000 00' 57" W, al0D8 the east liDc of said !At I. Block 1 of Dibc11o' s Lots, a distance of 580.80 feet 10. ~ inch capped iron rod found fur a point for comer oC the herein described tract llDd being the northeast comer of said J.ot I, Bloc.Ic 1 of Dibello's Lots; 11n:NCE, WEST, along the north line of said Lot 1, Block I of said DibeUo', Lou, a di:itaDce of 150.00 feet to the POrN! OF BEGINNING of the herein described tract I1Ild cout.aining within these can, 5.1249 acre. of r 223.240.64 squan: feel. of land. AllY PROYlSIOM HEREIIl WHtH RESTlUCTS THE SALE, RENTAL, CMl USE Of Tl( llEscal8ED REIl PROPERlY BECAUSE OF COlOR OR RACE I.vAlm AND UNENFORCEABlE UNDER FEDERAl LAW THE STATE OF TEXAS COUNTY Of HARRIS I hIM! cdi I\at k___ FlED iI Fie... __lift Ihe....... ~ '- by lilt; _ -m.If RECORItO In'" 0II:iII Nt: RImdIafRell PlapIIIy aftlrda ea.n,. T_\llI AECOROER'S MEMORANOUM: ,.., the time ot recordation. this instrument was found to be inadequate for the best photographic. reproduction because of iltaglbir~. carbOn or photo copy. discolored paper. etc. All blc:lc*ouIa additionS and changes were present at the tIrrw the instrument was filed and recorded APR 1 3 2005 e ~4~ COUNTY CLERK HARRIS COUNTY. TEXAS EARNEST MONEY CONTRACT STATE OF TEXAS s s COUNTY OF HARRIS s 1. PARTIES: MARIA MARRERO, Individually and as Independent Executrix of the Estate of MARIO MARRERO, Deceased, (Seller) agrees to sell and convey to CITY OF LA PORTE, a municipal corporation (Buyer), and Buyer agrees to buy from Seller the following described property situated in Harris County, Texas. 2. PROPERTY: The properties which are the subject of this contract is legally described as follows, to-wit: Known as +/- 23,520 square foot fee strip out of 223,242.83 square foot tract of land out of Outlots 327 and 334 of the Town of La Porte, Harris County, Texas, and being more particularly described by metes and bounds on Exhibit "A" attached hereto, incorporated by reference herein and made a part hereof for all purposes; and further described as Tract 1 (A) and (C- Taking), Tract 2(B), and the narrow strip +/- 20 feet x 581 feet for ingress and egress from North uP" Street as hi-Iited and shown on the Map-Exhibit "B", attached hereto and incorporated by reference herein and made a part hereof for all purposes. 3. CONTRACT SALES PRICE: $ 83,000.00 4. EARNEST MONEY: $500.00 earnest money shall be deposited by Buyer with American Title Company, Deer Park, Texas, which shall apply to the sales price. 5. SURVEY: Survey to be furnished by City of La Porte. 6. TITLE POLICY: American Title Company, Deer Park, Texas. 7. BROKER'S FEE: No broker. 8. CLOSING: The closing of the sale shall be on or before , 2005, or within seven (7) days after objections to title have been cured, whichever date is later. If there are any liens against the property, Seller must furnish releases or partial releases of lien, as required by Buyer and the title company. 9. POSSESSION: The possession of the Property shall be delivered to Buyer at Closing. 10. CLOSING COSTS: All closing costs shall be paid by City of La Porte. 1 11. TAXES: Taxes shall be prorated to date of Closing. 12. DEFAULT: Unless otherwise provided for herein, if Buyer fails to comply herewith, Seller may either (i) enforce specific performance and seek such other relief as may be provided by law, or (ii) terminate this Contract and receive the earnest money as liquidated damages. Unless otherwise provided for herein, if Seller fails to comply herewith, Buyer may either (i) enforce specific performance hereof and seek such other relief as may be provided by law, or (ii) terminate this Contract and receive the earnest money. 13. ATTORNEY'S FEES: Any signatory to this Contract who is the prevailing party in any legal proceeding against any other signatory brought under or with relation to this Contract or transaction shall be additionally entitled to recover court costs and reasonable attorney fees from the non-prevailing party. 14. CONFIDENTIALITY: Buyer agrees to keep confidential, the terms and conditions of this earnest money contract and sale. 15. AGREEMENT OF THE PARTIES: This Contract contains the entire agreement of the parties and cannot be changed except by their written consent. . EXECUTED in multiple originals, effective this day of ,2005. SELLER'S ADDRESS: SELLER: 11710 Milam Dr. La Porte, TX 77571-9560 phone: ?/r-<'/l~? 12 tJ.- .2'6') - 2~ 5- 5?lr /}/'J i/? ' ARIA MARR RO, Individually 7?&/{~ ?1la/i/(Q)l-b '~2-5-05 MARIA MARRERO, as Ind. Executrix of the Estate of Mario Marrero, Decd BUYER'S ADDRESS: BUYER: By: CITY OF LAPO~~. 'tW . f ~RA B~S FEAZ LE . City Manager 604 West Fairmont Parkway La Porte, TX 77571 phone: 281-471-5020 2 EXHIBIT "A" METES AND BOUND DESCRIPTION TO FOLLOW I i i i i i i i i i i i i i i i ~ !~ I.. i i~ H.c..'f.r'i,. ~;"o 'Ii ~ :2.fi;):Ccurt7 -______ I"" 31' i .s i i q'li- \l!.~)i- ~ ~ 5,151.21 i UJ ! \,.' EASl 150.00' 0' . LOT 5 ~,.z I (r,i'lcF------! ~ ~ ill(! I I iJ ~ i -': I 81 PRIVAf! E5YT --i 2 ~ . I I j~1f"i2~T) 1 3 g --------! Z! ""' ",..' ~ " , ~ ~ ~ I 0 : : q ! .: ! : <.j d , IIC : l ~j iLLlI CVT\.OT333 ________J ~::.,"- _ ::: LOl4 'I ..J! --~~r--- I ~r~'J I I ~,,'1o_:, 40.00' i I ,,,:e jJ- I' , I: I ' I LOT I I ~ i ! 1 BLOCK I :g , , I 1.0000J.C : '" ------- I : 87.J]OSQFT, ' I : i ! t""" \,.~ ' ",.11~ ",.,) ! : .. 1 I I : ~ I .! ',I l 01 LOT] C r! I : 8, :i i :z I: i : ,q:\q I "fI.t/> i- ')OJ 1- , I I 1 ------- ~ I: I: (\ 1 I i I~' ~: \ l i: ~! ".t;} I <,")i- J f. i.o J }fJ.~ ,q.'t I I ~: lOT \ ! : f' i ! ! I: , : P.O.!. L- 9,j,:..lb. -- - - I 1 i : _:.~ER . ,.IIl : ~~: ~ _ ! ..:'..-:.- '~"-':_"-'"--~ ~, 'fo--- ~~)'rro.~r..._:. ~;.b 1- .~..~ "OrfOt . '.: " ""T!R ! : - - - ~"-"- "-7N6RTH'P~"'S-TRE'Et- --(~~ ~.-;~:J- - - - ! - ----- .Jtl J13_ -_ -,... -_,.-_ ----- --- -- ------ ----- - L.::J - --- -- --- - - - - - -- - - - -.7 - - - - - - - - ~~l~~ ~\:!t ~:lJo_ -- --- - - -- -- 10' Y-"-" / 10' YJt VU_to t..JFT I STAll~ JJ HICtJ-!,l.M 1~(;'l,..!jIlH~ 11JC. H.C.C.r./oIO. .)99'15.31 22.6070 ).C T\U.C1 EXHIBIT "B" ( \ 'TI?A.C T (A\ ..., -L ~1"'~O H.C.C.I'". NO. VOI4173 j.I,J9 N:. cur Cf' CUTl.aT5 321, 33.4 AAO 3.41 LOT 8 (C) 1:30' TA~t tJG LOr 7 H,-C.f.C.O. ffI H.C-C.f __~~A__......_ cun.ar .ll3 ___HN.~]i;j:!JJ.61L_!!f H.C.f.C.O. YCL IUS. P14 61' H.C.O.R. G\lTt.OT 3Ar - -o.ITi..Gi ;3..- LO! 5 R. fH).XfCN H.C.C.I".HO. ~O"66'" T C2"J\ <.: T 2. (8) IKEIS ADDITION K . 69>.157./\ , , , I : : , I \ , I I : : , , I I , I I , I I I I , I ~ ~l , I 2) I t'*' J1J I I I I , I I , I I I I I , I I I I I I I , , I Apr-Ol-05 11:15A Charlss E Batss 281 479 3275 P.02 EXHIBIT "A" (MARRERO) FJFJ.O NOTE DESCRIPTION OF 5.1249 ACRES OR 223,240.64 SQUA.RI:; FEET OF LAND BEING our OF AND PART OF OtJI1.0TS 321, 334 AND 347 OF TIiE TOWN Or: LA PORTE, ACCORDlNG TO TIm MAP OR PlAT TllliROF RECORDED IN VOLUME 61, PAGE ~14 OF TIiE DEED RECORDS OF HARRIS COUNTY, TEXAS, BEING IN THE ENOCH BRlNSON LEAGUE, A-5, CITY OF LA PORTE, llARR1S COUNfY, TF.XAS~ SAID 5.1249 ACRES RElNG MORE PARllCUlARL Y DESCRIBED BY MF.TES AND OOUNDS AS FOLLOWS: COMMENCING. Ilt . 518 incl1 iron rod found marking !he original S()uthw~t comer of Outlot 327 Ill' 'lltid TO\m of La Porte, said point now being !be southwest corner of wt 1. Block I of Dibello's Lots, acrordiog tt) the plal J"eC('!I:dW under Film Code No. 564275 of the Map Reooro.1 of Hl1ms County, Texas. said point also being t'm the north right~f.WDY lille tlf North "'P" Street (Mil f~ wide); THENCE, N 000 00' S7" W, along the west line of said Lut 1, Block 1 orDibdlo's Lots, a di!ttal1~ t)f 5HO.80 feel to v.r inch capped iron rod fOlJr\d for the POINT OF BEGINNING Qf the herein described \met; TIIENCE, continuing, N 000 00' 57" W, II distance of 802.85 flll:t to a point for lhe northwest comer of the bi;rcin described tract. allK> being the northwest romcr of said Outlot 347 lSDd bcins the south line uf a Hickham Jnd\l$try 22,6070 aCire Ifact acoording tu the inslIument tiled Wl\k."r Hanis County CleriCs File No. J992531 ~ '1liENCE. N 89Q 44' 27" H, aloog the north line of SlIid Outlot 347 and the south line of &O.id ll.ickman lndu.qay tnct, a di,t4nce of 336.00 feet to 8 point for the northea.'It corn<< of the herein dest.'l'ibcd tmct and being the northeo:l\ oorner of said (huol 347, said point beina on ~ west Jine'.of an \lDI1lC(lI"ded $ubdivi,itm known as Ike' ~ Add.ition~ . n IENCE, S 000 00' 57" E. al008 lhc east line of said Outlot 347, a distance uf 485.17 feet to 11 point in the center liDe of a 40 roo< Hams COWIty Flood Control Dninage F..asement 85 I\1COIded in VulllIJX 1445, Page 676 of the Deed ~ds ofHatris County, Texas; llffiNCE, WEST. along the center 1UJe of laid Orainagc Easement, 8 distaoo: of I 72.00 f~t t~) Ii point Cor comer; 11lliNCE, S 000 00' ')7" E, 8 distance of 900.00 feet to a ~ inch capped iron JVd lOund for the rMSlllOulhcrly southeast c.tlmer IJIf the herein described I:r3ct, said point being on the oortb risht-of-way line tlf SlIid North "p" Street; TIiENCE, WEST, along the DDr1h right-of-way line IJIf said NortJl "p" Stroet. a distanc.e uf 14.00 feet to II Y2 inch capped iron rOO found for the nwt :IOUtberly southwest comer of the herein described tnlct. said pomt heWS the southeut(Jl)(tW uf said lA>t 1. Block 1 ofDibelJo's Lot'~ THENCE, N 000 00' 57" W, alans tile ea$t line of said Lot t, mock 1 of Dibello's tub, a dista..na t)f580.80 feet to a Va iocb cap{)e\f iron rod found for a puint for comer (If ,he hacin described net and being \be nonheast COtner of said Lot 1. Block 1 ofDibello'lI Lou; n IENCE, WEST. alq the north line of :said Lot I, Block 1 of said Dibello'!l Lotll, a distance of ISO. 00 feet k) the POINT OJ.' BF.GJNNlNO of the herein described ~ct and QCI(ltaining within ~ atlls 5.1249 acrell of r 223.240.64 square feet ofland. DaZ1~ C .F.S E. BATES, Regilltercd ProfessiOQAl IAiid Swveyors, NIJI. 4110 ....... ^- REQUEST FOR CITY COUNCIL AGENDA ITEM Requested By: 03/28/05 W D. Wilmore c;:::d.,Q. vt Budeet Agenda Date Requested: Source of Funds: Department: PlauiDM DeplU"tmeDt Account Number: Report: X Resolution: Ordinance: Amount Budgeted: Exhibits: Proposals Amount Requested: Exhibits: PowerPoint Presentation & Map Budgeted Item: YES NO SUMMARY & RECOMMENDATION As discussed at the January 24, 2005 meeting, in past years mowing of city alleys and street rights~f-ways were initially performed by Public Works personnel. However, as workloads increased, alternative methods were utilized which included the Public Works Department continued mowing of street rights~f-way (but the frequency was reduced) and the use of an outside mowing contractor. In an effort to better serve the citizens, that outside contract was not renewed and Utility Billing aud Park Department personnel began maintenance. Unfortunately, the demand of working regular overtime hours on top of regular weekly duties proved to be a strain and mowing occurred infrequently or on a complaint basis. Staff was asked to explore possible options that would allow for the maintenance of rights~f-way similar to the maintenance of privately owned property. The Planning and Public Works Departments discussed ideas and a presentation for Council's consideration has been developed. While the overhead presentation will go into more depth; the considerations are as follows: . With current street exchanges with Harris County - Public Works current mowing cycles of ditch/streets can be reduced by (1) week . An increase in the cycles and the addition of mowing alleys by increasing Public Works personnel and equipment . Secure an outside contract for routine cleaninglmowinglweed-eating of alleys, street intersection triangles and clean-up/subsequent mowing of dump sites along street shoulders in front of undeveloped lots . Consider utilization of Chapter 34, Sect. 34-126 mowing regulations. Existing language allows the City to require adjoining property owners to maintain the city's street/alley rights~f-way located adjacent to their privately owned lots To assist Council in their decision, staff was asked to develop an exhibit which identifies alley and street rights-of- ways currently maintained by city personnel. Utilizing the map and staff's presentation, we are requesting Council guidance on the rights~f-way maintenance program. Action Required bv Council: Guidance on mowing of city rights~f-way Approved for City Council Aeenda ~~..~ Debra Feazelle, City Manage~ 3~ ~d-D5 Date 'Z ~tI) ~~ 40:: fu<.9 O~ - Z~ ~ J 0... 0- o ~ ~~ (t.~ o ~ $~ :::!~ ~~ ::> 4- o~ <.) ~ --- <.) MOWING CITY ROWs . GROWING CONCERN OVER MAINTENANCE OF CITY ROWs I PUBLIC WORKS WORKLOAD I DECREASED MOWING FREQUENCY I UTiliTY BilliNG DIVISION-CONTRACT MOWING AND PARKS DEPT. ASSISTANCE .. WORKLOAD AND OVERTIME CONCERNS . MOWING INFREQUENTLY OR ON COMPLAINT BASIS MOWING OPTIONS Ii STREET EXCHANGE WITH HARRIS COUNTY-PW MOWING REDUCED BY 1 WEEK . INCREASE IN PW PERSONNEL AND EQUIPMENT _ CONTRACT MOWING AND CLEANUP 1\ ENFORCEMENT OF CHAPTER 34 SECTION 34-126 (ADJACENT PROPERTY OWNERS) ROWs MAINTENANCE . MOWING OF DEVELOPED AND UNDEVELOPED STREET ROWs . UNMOWED DITCHES . 408 ALLEY ROWs . 2,732,768 S.F. OF LAND AREA PROPOSAL #1 STATUS QUO _ PUBLIC WORKS CONTINUES TO MOW NORMAL TIME OF 5 WEEKS REDUCED TO 4 WEEKS DUE TO COUNTY EXCHANGE _ UTiliTY BilliNG CONTINUES TO COORDINATE MOWINGIWEED-EA TING OF AllEYS ON AN AS-NEEDED OR COMPLAINT BASIS PROPOSAL #2a PUBLIC WORKS FULL-TIME . ADD 3 NEW FULL TIME PERSONNEL AND 5 PIECES OF MOWING EQUIPMENT . MOWING CYCLE IS 2 WEEKS . INCLUDES WEED-EATING AND TREE TRIMMING I COST: $183,882.00 . (INCLUDES SALARIES, BENEFITS, EQUIPMENT PROPOSAL #2b PUBLIC WORKS PART-TIME _ ADD 3 PART-TIME EMPLOYEES @ $10.00 PER HOUR (NO BENEFITS) a 38-HOURS WORK WEEK a SAME EQUIPMENT AS PROPOSAL 2a _ COST: $101 ,082.00 a SAVINGS FROM PROPOSAL 2a: $41 ,802.00 PROPOS~L #3 PU6L\C WORKS &. CON1R~Cl . \N\1\AL CLEAN-UP tWEEOSI1REES) B'I PUBL\C WORKS . QUAR1ERL'I MOW\NG B'I CON1RAC1 . COS1: $6"\ ,200.00 . B\_ANNUAL MOW\NG B'I CON1RAC1 . COS1: $40,800.00 PROPOSAL #4a OUTSIDE CONTRACT (LANDFILL) .. INITIAL CLEAN-UP BY CONTRACTOR I COST: $122,350.00 II QUARTERLY MOWING II COST: $61 ,200.00 I BI-ANNUAL MOWING II COST: $40,800.00 .. TOTAL COSTS: $183,550.00 (Q) OR $163,150.00 (B) PROPOSAL #4b OUTSIDE CONTRACT (PUBLIC WORKS YARD) I IDENTICAL TO PROPOSAL 4a EXCEPT CONTRACTOR TAKES MULCH TO PUBLIC WORKS YARD I COST: $112,150.00 I COST SAVINGS FROM 4a: $10,200.00 . TOTAL COSTS: $173,350.00 (Q) OR $152,950.00 (B) PROPOSAL #5 CHAPTER 34 ENFORCEMENT - SECTION 34-26 REQUIRES CITIZENS TO MOW ADJACENT STREET AND ALLEY ROWs 81 STREETS MOW TO CURBLINES OR TO 14' BEYOND PROPERTY LINES WHERE CURBLINES DO NOT EXIST a ALLEYS MOW TO CENTERLINE OF 16' ALLEYS (ADJACENT OWNERS) STAFF CONCERNS PROPOSAL #5 I PHYSICAL CONDITION OF ROW MAY BE BEYOND CITIZEN CAPABILITY TO CLEAR. (INITIAL CITY CLEAN-UP?) I CITIZEN IS UNABLE TO MOW DUE TO AGE, HEALTH, ETC. (PAID ARRANGEMENT?) I CITIZEN IS UNWILLING. (ENFORCED?) I LIABILITY ISSUES? . NEGATIVE PERCEPTION? ADDITIONAL CONSIDERATIONS (OUTSIDE CONTRACTS) . DUMPING PREVENTS STANDARD MOW IN MANY ALLEYS . INITIAL DEBRIS AND WEED REMOVAL NEEDED . ESTIMATE COSTS: $20 PER STANDARD TRUCK LOAD . INTERSECTION MOWING NEEDED . ESTIMATED COSTS; $20 PER INTERSECTION . COSTS FOR INTERSECTIONS: $8,230.00 (208 INTERSECTIONS [500/0] QUARTERLY) RECAP PROPOSAL DESCRIPTION #1 $0 No additional budget impact (A) $183,882 (3) new full-time employees including benefits #2 (5) new pieces of equipment (B) $101,082 (3) new part-time employees - no benefits (5) new pieces of equipment (A) $0 No additional budget impact - Initial annual clean-up by current personnel (B) $61,200 Quarterly maintenance/outside contract - tractor mowing only #3 (C) $40,800 Bi-annual maintenance/outside contract - tractor mowing only (A) $122,350 Initial annual clean-up by outside contract - mulch to landfill #4 (B) $112,150 Initial annual clean-up by outside contract - mulch to Public Works yard (C) $ 61,200 Quarterly maintenance/outside contract - tractor mowing only (0) $ 40,800 Bi-annual maintenance/outside contract - tractor mowing only (A) $0 No additional budget impact - Initial clean-up by current personnel (B) $0 No additional budget inpact - Future by property owner/occupant #5 (C) $0 No additional budget impact - Initial annual clean-up by owner/occupant (0) $0 No additional budget impact - Future maintenance by owner/occupant $20/standard truckbed load site specific, illegally dumped debris removal & mowing Additional Bid basis - over (1) load site specific, illegally dumped debris removal & mowing Consideration $8,320 4-corner intersection - quarterly mowingslweed-eat @ $20/intersection B REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Reqnested: March 28. 2005 Requested By: Wayne Saha ~~ Department: Pluning Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: YES NO Report: X Resolution: Ordinance: Exhibit 1: Possible Off-Site Parking Lot SUMMARY & RECOMMENDATION Staffhas been directed to work with Dr. Dilip Patel, M.D. of the La Porte Medical Clinic on the abatement of the trees obstructing the stopping sight triangle at the northeast comer of South 4th Street and West Fairmont Parkway and on the continued parking of private vehicles in the public right-of-way at the same intersection. A possible option that staffhas investigated is the use of the city-owned but currently vacant land between the water storage tanks and the record storage building on South 4th Street. Dr. Patel has been approached by staff and he has stated that he is interested in the concept. Such off-site parking would require a Special Conditional Use Permit (SCUP) approved by the Planning & Zoning Commission. The possible off-site parking lot would be constructed at Dr. Patel's expense and the land leased to him. The estimated cost of construction is approximately $20,000 and would include but not be limited to a concrete parking lot, lighting, sidewalks and landscaping. In exchange, the city will receive the removal/abatement of the aforementioned trees, the cessation of parking in the public right-of- way as well as the monthly lease fee. This monthly lease fee is currently expected to be approximately $320.00. The Public Works Department has been consuhed about using the land adjacent to the water storage tanks for parking and has no objection. Should Council be interested in the use of city owned land in this manner, Council will need to direct staff to approach the Planning & Zoning Commission for a SCUP for off-site parking. The site is within 300 feet of the primary facility as required by the Zoning Ordinance. A public hearing is not required. Action Reauired bv Council: Direct staff to approach the Planning & Zoning Commission for a SCUP for off-site parking if Council is interested in leasing city owned land to Dr. Patel for such a use. AnD roved for City Council A2enda ~~ Debra Brooks Fe lie, City ~er -3 - c:J ::J-{) 5 Date EXHIBIT 1 MEETING HANDOUTS Memo ...;~ .,.'- ~....,- " ,. / ,...,/// . ~,// . / To: Mayor and City counCil, (~ Thru: John Joerns, Assistant Ci~nagerV From: Masood Malik, City Planner ~'- Date: 3/28/2005 Re: Rezone Request #R05-003 (Chern Coast, Inc.) ./ ,./ ."......... The following is an updated summary of the research on the zoning history for the Chem Coast re-zone request. This is intended to clarify and provide additional information to the March 24th e-mail to Wayne Sabo and copied to Martha Gillett. The current zoning of R-1 for Outlot 239 has existed since January 26, 1987, as evidenced by the 1987 Zoning Map adopted as a result of a comprehensive plan review and re-zoning of the entire City. To allow the office expansion and construction of the parking lot requires a zoning change, which because of the Planning and Zoning Commission's recommendation, will take a % vote of the entire City Council. If the current zoning remains R-1, then the business use is considered a lawful pre-existing, non-conforming use and is eventually subject to the non-conforming use sections of the current ordinance useful life provisions, which could result in the future granting of an extended useful life or exemption from the useful life provisions. Summary of Events . Election for Lomax consolidation: (Lomax election held January 19, 1980 - approved; and La Porte election held April 5, 1980 - approved) . Area came into La Porte at 12:01 a.m. on April 28, 1980 (La Porte Ordinance 1195) . Immediate zoning assigned to Lomax was a temporary classification of R-1 (based on La Porte Zoning Ordinance provisions: Ordinance No. 780) . Ordinance 780-PPP: July 15, 1981 City of La Porte adopts and carries forward the zoning classifications which were in effect in the territory comprising the former City of Lomax. . Zoning Map dated October 2, 1981, includes the former Lomax area and shows the subject tract (Outlot 239) zoned as commercial. Note: This is in general agreement with a document labeled City of Lomax - Zoning Map dated April 11 , 1972. (Although a more formal documentation has not been researched.) . A search of Zoning Ordinance 780 from 1980 (Lomax consolidation) to January 1987 (adoption of new city wide map) reveals no zoning changes for Outlot 239. . The construction of the facility started in 1986 and was permitted as commercial, which agrees with the Zoning Map Job# 10-02-81, prepared after Ordinance 780-PPP honoring the former Lomax zoning. . Appraisal District record shows the building was completed in 1987. . On January 26, 1987, Ordinance 1501 was adopted as a part of comprehensive re-zoning of the entire City. . Official Zoning Map of January 1987 shows the subject property zoned R-1 . . Official Zoning Map of 1989, which supercedes the above map, also shows zoning as R-1. . Subsequent and current Zoning Maps show the zoning as R-1. Gillett, Martha From: Sent: To: Cc: Subject: Malik, Masood Thursday, March 24, 2005 6:42 PM Sabo, Wayne Gillett, Martha Rezone Request - Chem Coast Following is a summary of our research on the above matter: . Lomax election was held in 1979. · Area came in the City of La Porte effective 1980. · Immediate zoning assigned to the area was Residential (R). · Zoning Map of 1981, effective with Ordinance 780, shows the subject area (Outlot 239) zoned as commercial. . The above map shows amendments upto 1985. · The construction started in 1986 permitted as commercial. · Appraisal District record shows the building was completed in 1987. · On January 26, 1987, Ordinance 1501 was adopted as a part of comprehensive rezoning of the City. · Official Zoning Map of 1987 shows the subject property zoned R-1. · Official Zoning Map of 1989, which supercedes the above map, also shows zoning as R-1. 1 Md~ Et~ =IF K 05- (Jo,2 Ik:m IVo. 7 A Meeting of the La Porte K"'Er\ FiVc n -\J.,"I ~ L",.' Planninj?; and Zoning Commission (Type of Meeting) FEa G f~ :::~~C;::, Scheduled for f~1 A"'~""'- :or ."H""~"-",.. '.. r. t ir:,;:j. ~.. ~ ~ "7 _ L. tlJ.\Lc\i'": ! "...... I ;s.t:t..,.;\."'l .,1.~,~~, February 17, 2005 (Date of Meeting) to Consider Rezone Request #R05-002 (Type of Request) I have :eive~ of the above referenced public bearing. I am. in F AVO R of anring this request for the following reasons: I am. OPPOSED to granting this request for the following reasons: / ' c.~\\~ l}\~ ~ \ IT\ ~fL\~?9 C\latf5 tD'VI(.. ~ Name (please pnnt) Address -V\)\"\ -:) .j.~/\..C~ \ JWO(.~ J'~ /---\\3\ I U Signature J City, State, Zip ,~HJ811 ~ A Meeting of the La Porte .D.Er".~".'. .".-.... . " ., .'1. ., ." li~~\ir~i l \. '" '-.~ " ",',. Plannin2' and Zo~ Commission (Type of Meeting) FES 1 l .-....,,' Scheduled for OLiV'H'H'f:-... ;'1.". (',,1' ~ _ri~\~S\!~F\;t-l: t.:?t.fO. n . February.17,2005 (Date of Meeting) to Consider Rezone Request #R05-002 (Type of Request) I have received notice of the above referenced public hearing, I am in FAVOR of granting this request for the following reasons: I am..8PPOSEP to granting this request for the following reasons: -r/ ' .-' 'l;S / S A- ~e.s I 0 ov 1-/14 I /?lte 4 lA,.; (!. /.) 0 ^'o 7- /f/e <.. b 4- !3'.,SIN<2.S5 .. I/V "'-4 (5 ,A-,-t-e4. . /1- '-'; I \-- T~~ I IV I!..~ ~s. e.... \/4'V<L CJ-F ""l'iLl!\ (::" r;' ~ A,~ (\ .." \ rl - Lo\.. J e.L -;- ~ .e... h ~ WLQ 5 , , oJ r- ~... ;4.,t l'" It- . J)~ R. k Kf00lU {~OA./ ~;;;r~ JgD.ature -3/010 /#7~p7~~J Adfuess 1a,t~/f? 7;< >7 S'7r City, State, Zip A Meeting of the La Porte Pl~ and Zo~ Commission (Type of Meecing) RECEIVED Scheduled for Febmary-17,2005 (Date of Meeting) FEB 1 5 2005 PLANNING DEPT. to Consider Rezone Request #R05-OO2 (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: I am OPPOSED to granting this request for the following reasons: ~/-e~5 '< ~jo .J1J~o/- fll.b/f fllt'G#d~ I - ~h~J-~ Gau) alVei /(In?f/Jn y t1/t f;J Il-l-IclL/, / Name (please print) ~-/#/P~ Signature A Meeting of the La Porte ,'.J,@ (2~- ~6 -'I .....)T[) J......! ( Planning and Zoning Commission (type of Meeting) Scheduled for February-17.2oo5 (Date of Meeting) to Consider Rezone Request #R05-002 (type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: I am OPPOSED to granting this request for the following reasons: ~ ' . · ~,~-> \'~\..j ~~ ~~J'~..~~\\~ J"{"\.~~ ~~ ~~~~\,.~.~~~~ ~4~~) .~~ :'9;~ ~ ~~ .~ vy... ""... ~~, "'p.s<'\c\...~~~ ~\-n ~~~~.~ 'J"~~~ 'V-.J' ~~ I Te. r f' ~ r. r e. ~ hl'\~\ 2, ~ tlCl, ~ \ ~I!..S\l..~-t ~'\'. Name (please print) Address ~~ ~. '&'')''~'NJ'-- Signature '" Do.. ~ ~ '\'"\ ~ ,T" 'i-. J 'IS} , City, State, Zip A Meeting of the La Porte Planning and Zoning Commission (Type of Meeting) ~(~ ~=~ c: r~ 1 ~: f f: [) Scheduled for ;..~ ~..: ..: ',~ February.!?, 2005 (Date of Meeting) ~) Lj\ t .;~t r; ;{ : ;; \~ ~ .~~~ i~ i r~ ~)"~', to Consider Rezone Request #R05-002 (Type of Request) I have received notice of the above referenced public hearing. I am in FA VO R of granting this request for the following reasons: I ~ OPPOSED to granting this request for the following reasons: , NO.$e .-w.u~~1f.-~se.~f~-~cJ - , d-aJ(~ tI - t~ ~$ - 70 Ol,;;jt- tpVv 7teJ~~~ rK k DP~se. ~ <P1~-, V~ (!Jllferd1J~ht1JQ; /L_ _. - -J~_ 3~/3 C. ~ Tdt, /)/J. ~/(p~=rint) ~ ~ Addre" ~~~~ ~P~r&,---ri: ,-ZS"7/ ~s;gna- City,State,zlp · A Meeting of the La Porte Planning and Zonin~ Commission (Type of Meeting) ~ t.Ct~Nt5) ...,:," Scheduled for ,",i."J ;;.", ., ~..., \ ... .' February 17, 2005 (Date of Meeting) PU\\.;~ \.1 D~t_Pl, to Consider Rezone Request #R05-002 (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: I am OPPOSED to granting this request for the following reasons: . [oJ J + V-... I'\:J J (" rZ. .,--f A IV t- oR- fc ,-....J 01...) . W ~ f". + ' "'5 ~ : 10. I I \ b~ \ f'-) rv:"( b ~ c: 1:. 'f f\U2 t'\l \':''-'..<;:c.)€';.s \.. LJot-Q..., ~ VI.-', I i cJ -I 1, 0; It,v-1: I .1;' k ~ v--.> / J I L) " I--.. "c. A -I .. ,l I^-' v- -\ 1....- ~ (\) '" \ ~R. ~ (... \- o ~'? d3. ~c..\i _ ~e", \c ?( 'rs~4 i'L ~b'h Name (please print ~A 0 ~~lr-- ~ Signature -/;4 ;d. J:~ ~ c; UJ.... ~~R){ W o:'\~. q) (( Addr~ss ' l~ ~\--t.~ ~ - 'l ') <;"') City, State, Zip A Meeting of the La Porte Planning and Zoning Commission (fype of Meeting) Scheduled for f"Er\F"" ,._~, rf 1 iV'~' l ~ -'..J..~ I/[t} February-17,2005 (Date of Meeting) FEB fJ II 2 ;]05 to Consider 1) J /1? ~ {\ ~ j :;..~ ("-: f"'# f'~ ""\"r- ~ ~ l~\;!~:~~';j,i~~A~., i q- ~ 'j .. -. j.J i .. J' ~.' ill ~..,,' i_t , ~ Rezone Request #R05-002 (fype of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: I am OPPOSED to granting this request for the following reasons: .)~/~/)5 -k.~' I.,. ,)Ih 7/~ +1~Yh I Iy /JY(ye-,r\Jy .. . -TA f'_ :;:e..e.- -l-h r'c:; W DtJ IeJ ()tv /( /1 1(.<- --h) It OJ;-, ~ !o IJ ) ~ /1- n,YJ /llo ~r?~{.r-+/h Pt'1+~jMj/)/~~S I / -/-- .. )3rvc~ A~ SA i ; t/5 fin . Nome (ple,,,e pDn~ : fJ VVlr-/O-. $all Signature 9~.21 JeU.s 1-; ( Address L~ Arf~ h City, State, Zip G',~- Ie 7-7S-71 A Meeting of the La Porte Planning and Zonine; Commission (Type of Meeting) Scheduled for February.!', 2005 (Date of Meeting) to Consider Rezone Request #R05-002 (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: I am OPPOSED to granting this request for the following reasons: ~6-rf y~ j~~~~x~t V'j II<-ef.t,.~ -h ?e Jr-.e- Z-0v1 {__t{!:L-_ ~ ~~ v_r~ f f? .{-o 6 <> (/0 /< i1drV-f wI. J') to e.. ov;;Jaf'....,( tPf/r hffWl<- ; I/l SVl/11j?1 er- w, '",-vi tIlt'TA -IJ:f:. flfJ1jjfff~ c..~p~1 '1S-~5 Oz O~.r.-o/t W:y rJ/ Ad ess ( Jt{. I ~ce TA 77 i'7r City, State, Zip A Meeting of the La Porte ~~ Pl11nnin~ and Zo~ Commission (Type of Meeting) RECEIVED Scheduled for FEB 0 8 2005 Febmary-t7,2005 (Date of Meeting) PLANNING DEPT~ to Consider Rezone Request #R05-002 (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: I am OPPOSED to granting this request for the following reasons: We:- Avzc.--wi.? dirt Ie l.u-.Jbt~~ t'lA-rM.L l?~M-a-CA.4-l.-- N~ J ~ i~ I Jlf'b u. 5 , -rile $ee:r;/),u tJr:- UNQ-oLI"Jooi) ~~ h-r/ILM-t:vu-l-r5-P~'?Z- (o,j ttb-r" $-t"t}€ ~~wJ th.'PL& Ir /lIe- CLcyt-...)J~; -.r t s:tifrit.ee7 ^L~i(..:i1J 0 ~ /7) t3 Z-c,JelJ ~1/~ &~ PI f 4-rG &16 Pr~.ii) r 0 p,q ArfI7/ (5 ~i"L€$fiN&,+JUe~ Cf- II uet../ ~hLQ.:.JiVeD ;7:41- I "IS (5 Ie- 'i3t-f--'1 iSot.h c..c1.r;.(7j~'b j /Ce"irr~iJ.i.f'"Di ~el..~& rr/17It~ 6tJe-;W. WOUL-U iUE AJCCi F-_ Ie u SSe-u.. L. II.lrt'Lq61( S iZ- - 3-10 I -7 & I l:Jesf:!1t--r/)Il-1 tie- 12 Name (please print) " ~ddress ~ L-,it~j. W=<e,'"7lZ,17>l' SlgIlature City, State, Zip ----,..._-...---~ --- C::::fr <!Q~ ~=:PU-rk &N Dr .k ;vI~ )vJk<'(4fO Wt71l7rlC~D,J ~/,d. 4~ ;=::'171<- ~Z<>I..JiAJ0 --r:lc I?~?c.--r~.:r-~ -;;;"'ltILJ~" ,~u...:r f/~ 'fi(;IJ/LltJ4 Ct'~ c>/--J rf-----;;.!~ IL/o DN~ r:-~ ;;Ieee-I':; CK<J 5c6~ -rb G~ /2'b ~Tl If-t,"iO 3 Ct:>wS . lZiC7,/-r ~u.<h-'\.~ ;u/iler ;!/l,oDLbO;::::' Nezc;Hl$ci'LHcoi) ~Bf)1tJ$<t!)N~1.L-M~~/~DS 'f ~fLk,L.o;J( IL-IL J~) I-Jt?fJe?u/..(....iJ::C tJfl-G- b~r ~o;J~ '11/1s' /1f4A..~ _ 3100 {)...IJ~-u...(Ja>D ~ ~ PL& 1tA-R- r:u:x (15f..G 1?f?~Ct.E~/AJb G. o.fl7le; Z t:"urc.rs Jerp..;:/'" Or f""G-I.:e: bvPhS{:; CJI~lIi.Jc.::r Zc;.Ji,uc:. hfl.-l11/51d fSe-AJcr/l: 7712~ ~'L.t/tJelC;t/&,w-tr;;J-cl:;S -z,ve-(L MaLJ- -# SCU 05 - ()03 IIim NtJ. II A Meeting of the La Porte PJannin~ and Zon~ Commission (Type of Meeting) RECEiVED ;-rr..) ,:l r" ....r-" ..... r:..u :' i0 /uOJ Scheduled for Febmary17,2005 (Date of Meeting) PLANNiNG DEPT. to Consider Special Conditional Use Permit #SCU05-003 (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: TH[;"/2G /_\ A- CJ/r(lfG1// /T/V..L) k"xP?;J/t/,l)//t/([' JV'a-2> HI<-- WEt..L-,]3(J/L..T OFPCG /}-/V..L) ~~/?/Bur/ oA-/ P-fC./.c. / T/ € S p:o~ LOCA ~ A/1/.L> / /1/7?l'ZN /'9--r7 01/ A L J) 0/11 e,.g> T/C /}-/IL,O /'1./JI'C/77 /lfE: L6~~ G" /fClZ" W r -:7;L/ ~C/9STrJ-/J///}tt!Jt:.- EN?J..OVM~/VT~ 7'/9X $i9VGF7"7:S ~q" r#c:.:- C/-ry~.z; ~?OI'eT~ Ra::>/OG/V'"rS' I am OPPOSED to granting this request for the following reasons: ,.(~/~/PrE ~~ g 2. '" //cJ-; ~/.Z::>. c.STV~ RT ///f.Y ~Woq77/; Gf? Name (please print) .~~ Sign e # (?/J W~(Ir'E/-f- /If:rJ Address /loC/sro.-t:///X / '700 2- City, State, Zip A Meeting of the La Porte Plannine: and Zo~ Commission (Type of Meeting) RECEfVED eC"l\:! ;; k: ~/n"J;" f ;,... ,~I ;," ~l~ ,~_'JUJ Scheduled for February"1?,2005 (Date of Meeting) PLANNiNG DEPT. to Consider Special Conditional Use Permit #SCU05-003 (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: THt;;/2G /~ \" A C flff I? E?t// /j-/l/LJ kx.p~.2)/ /l/(f"' A/6E.2> Fa/<-. VVEU-,J]UIC/ oppet: r}-#.,L) .,lJ~/?/8C/// cvU F/j-C/L/T/€S p:o~ L...OCA~ A/1/.L) /~/9-J7OVA'-- JJO/VtBS'T/C ~ /YJ/JIC/I/ /If.G:" L6tLj/'t €/-fCk" W r 7/-/ S'c/9.sr;j-/VT/:JttJ,(, E/f?/,'(OV/t-t~/VT~#L> 7/9x 7$5VGF?"75 ?::"~ r#€ C / 7" P /frV'L; 'A-/J- PO/?T~ R6:> /".0 G /1/7.s: I am OPPOSED to granting this request for the following reasons: ~/lI~/P rE cF-~ S' 2.. ~ / / cJ;- ~ /2:;>- c.STV/9 R T '//""7' M"WOq77/; GR Name (please print) .~,(~ Sign # ?/d W~t:/y'C;-/~ J lfJ..J Address I/oC/STO~/rx '/7002- City, State, Zip A Meeting of the La Porte Pl~ and 200m2 Commission (Type of Meeting) RECE,VED o::-C{~ 1; ;:' 'J0(jf" I ,,-.u , ij :JuJ Scheduled for Febmary-17,2005 (Date of Meeting) PLANN~NG DEPT. to Consider Special Conditional Use Permit #SCU05-003 (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: TH~RG /_5: A CJ//fl?E/f/T /T/I/..f) kx.p/frV,1)//t/~ JL/6E..2> ;;::o~ WEU-,]3(J/t:..T OFPC~~"z) .;J,ar/(IIJur/ oU F/j-C/ L: / T/ IF S F(:7t<..- LOCA ~ ,,4/1/.l) / ~ /9-/7 o-v A '-- . J)OPt8S'T/C ~ /'1/it"C/77/lfr LOAt/'1G"/'(CIZ W r7# -s;a9STrr/!///}4!Jt:- EN?J..OVMK/VT~ 7'/9X $&VGF7'75 ~q' 7?~€ C / -r p~.1) 'A/r PO~T~ R63"./.o G /V'J S I am OPPOSED to granting this request for the following reasons: ,.(/y/~/rrE ~~ S' 2. ~ //J;- <'/2:::>. c...Srv .-4 R T /I/1.Y M'Wo R 77/; G;? Name (please print) .~~ Sign e # ?IJW~t..Ir'E/e- Jl/jJ Address /lou- sro,v/ /X- "'} '7 0 0 2- City, State, Zip A Meeting of the La Porte Pl~nnin~ and Zonint! Commission (Type of Meeting) RECEiVED ccu " :: ~r"'n'" i :...~L) ;.' iJ. l.JuJ Scheduled for February.t7,2005 (Date of Meeting) PLANNiNG DEPT. to Consider Special Conditional Use Permit #SCU05-003 (Type of Request) I have received notice of the above referenced public hearing. I am in FA VO R of granting this request for the following reasons: TH&"I2i;; /~ \ A C(/ffl?61/T" /T/V..l) kx.pr:Jrl/,l)/A/~ Jt/6E...2> ;;::0;<... WEJ..L-J3(j/~T OFPCG /}-/V.,L) .,l)~/?IBep-/ c;vU ?/j-C./.c. / T/ € S ro~ LOC/E1 ~ A/1/L) / ~ rl-J7 OV A'-- dJO/l1BS'T/C A/IL;> /'1/J/'C/T/ /If.?;:- LOA.1/o/ G"/(Ck" W r 7# S"UBSTrJ-/l//./JIfJt- ENPJZOVM~/VT~ 7"/9X $eVGF77:5' 7:"""!?' r//c:E C / 7" Y /97f/.1) ~ ?O/fT~ Ro=> /".0 G /V'J S I am OPPOSED to granting this request for the following reasons: ~/lI~/P rE ~~ &' 2. ~ / / J-; e{"/.D. cS'77/,4RT /!/fYM-WO/i77/; GI? Name (please print) .~~ Sign e # ft'IJ W~t.IY~A- /ZlfJ Address /1ou- S77:J,v/ /X- ? '7 0 0 2- City, State, Zip A Meeting of the La Porte Pl~ and Zonin2' Commission (Type of Meeting) Scheduled for RECEIVED FEf3 }; 5 ?005 February.17,2OO5 (Date of Meeting) PLANNiNG DEPT. to Consider Special Conditional Use Permit #SCUOS-003 (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: 'TH~I2G I~ \" A C (/fr If E;1// /T/VLJ A?"X<P?frt/,l)/4/([' A/u..2> ;:::Of<-, l/V E I..L -8(//0- 0 rPC ~ 4#.,L) .,l) ,L.rT/? / /JC/// oAJ F/'-J-C/L / T/ E S po;e..- ~OCA~ A/I/.o / ~ /9-/7 o-v A '- J)OPt~ T/C /ft"IL,O /'1/It"C/77 /Y€ CO/tt/o/ € /?CIZ 1/\1 r -:7 AI S"UBSTrJ-/l/T/Jt!J~ ENP/....OVML:;'/VT~ 7/9x 13'6VGF,?'75 ~~ rr/c:: C /"/ P /!JTV~ :A../7- PO/?T~ Ro::s /.0 ~ A./r.s I am OPPOSED to granting this request for the following reasons: ,,{/I r-t/p 7E ~~ S' 2. ~ / / cJ-; <. 7:b, CSrv;Cl R T ///1 Y /Us'WO q 77/; G,I? Name (please print) .~~A- S' e # ?/d W~L/~~/z" ) Z/..?J Address ~S7V...v//X ? /'00 2- City, State, Zip A Meeting of the La Porte Plannin~ and Zoning Commission (Type of Meeting) RECEiVED FEf3 }; ,} 2.005 Scheduled for February "I', 2005 (Date of Meeting) PlANN~NG DEPT. to Consider Special Conditional Use Permit #SCU05-OO3 (Type of Request) I have received notice of the above referenced public hearing. I am in FA VO R of granting this request for the following reasons: "THt;;"!2k / _ \ A C (;'ff J? I2?'V/ /T/V.L) kx .p/',J/t/,l)/ /t/ 6"' )(/61::"..2> J::Q/Z... l/V E/..L - J3 (jJ~T 0 FPC ~ 4#.2) .,lJ /-J"//( / Bur/ oA./ F/fC/L:IT/€S FO~ LOC/7~ AA/.L) /~/9-J7O-VA-'-- . JJO/118S'T/C ~ /'1/lf"C/77/l(€ LOA.1/o/G"/fCIZ W 17# ~C/9STrj-N'//JttfJ~ EN,PJ...OVMENT/9-.Ad5 '7/9X 13'&VGF,?"7:5 ~q::" /?~c: C/7p /frI/.1) 'A/TPO~T~ R&>/OG/V'JS' I am OPPOSED to granting this request for the following reasons: ~/lI-t/prE r:F~ S' 2. ~ //cJ;- e{7:b. cSrv r9 R T /I/'1.Y /UrWOR 77~ GJ? Name (please print) ~r Sign e " # ?/J Wptifr'~/~ /lfJJ Address I/ovS7V~//X '/?' 0 C> 2- City, State, Zip A Meeting of the La Porte Phmnin~ and Zoning Commission (Type of Meeting) RECEIVED FEf3 ~; 5 ?005 Scheduled for February-17,2005 (Date of Meeting) PLANNING DEPT. to Consider Special Conditional Use Permit #SCU05-OO3 (fype of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: THt;;/2k I~\ A CC/ffl?51// ~/VJ) kx.pr.M/,l)//l/~ IV6E..2> FO/<-- t1/ E i..L -8 tilCT 0 FPC G /}0/.,i) .,l) ~/i' /8(/// oM r/-fC/ L:. / T/ iF S R7~ LOCA A.. A/V.l) / /I/'Tl??'ZN /9-/7 o-v A '-- . .])0 /i1 e-&' T/C A-/'IL,O /'1/lT"C/77 /lfE L6AtN ~ /fC k 1/\1 r -:7/-/ S"C/ssr/j-/!///JIfJt- ENP'('OVME/VT~ 7/9x 15&1/15F/75 Z:-~ -rr/€ C / -r Y /37V..t) 'A-/1- PO~T~ R&:S /".0 G /V'J S I am OPPOSED to granting this request for the following reasons: ,,(./1 r-=b/p rE &:- ~ ~ 2. '" / / rJ-; ~ /L::>. cSrv ~ R T h'/f y /t<.TWO!i 77/;, GJ? Name (please print) .~r Sign e . # ?/J W~L/~~/~ /lfJJ Address !1ousro,v//X '/7002- City, State, Zip A Meeting of the La Porte PI~nninl! and Zo~ Commission (Type of Meeting) RECEIVED i:q::? 1; ;:; ~/nn"" r ~.l,.J .;" Q) ...,~uJ Scheduled for Febmary-17,2005 (Date of Meeting) PLANNING DEPT. to Consider Special Conditional Use Permit #SCU05-003 (Type of Request) I have received notice of the above referenced public bearing. I am in FAVOR of granting this request for the following reasons: TH{;"I2G /_\ A Ct/I(/?E/'f// pzj-/l/.j) kXP?frI/,l)//t/(f' ;V6E..2> ;::0;<... WEt..L-8(jJ~T OFPCG /}0/..IJ .,Z)/J//?/Bur/ oA:/ ?fC./'<:' / T/ iF S ro~ LOCA ~ A/VL> / ~ /1-J1 o-v A '- JJO/Lf8S T/C ~ /'1/fr"C/T/ /ifF C6A.1/o/ € /(ClZ" W r -:7 p ..s:CJ 9 STrJ-/l///)I!J "- E/'? p/...O V~E/VT ~ '7/9X $&tIG F ,77 :s ?:-"!?' r#€ C / -r p~.z; ~ PO~Tt? Ra::> /".0 6: /V'J S I am OPPOSED to granting this request for the following reasons: -<'/I/~/PrE ~~ S' 2. ~ //J-:; ~7:Z:>. c..STC./ /9 R T /1/1 y ~WO IT 77/;, Gf? Name (please print) ~r S' e # ?ldW~t:/~E/~ /lfJJ Address ;40C/ sro,v/ /X '/ ?' 0 0 2- City, State, Zip A Meeting of the La Porte PJ~nnin~ and Zonine; Commission (Type of Meeting) Scheduled for RECEIVED i:"f-1':.? ;; h: 'in,,'- I ;...~ ,J ~ nJc' ~_:..;uJ February-17,2005 (Date of Meeting) PLANNING DEPT. to Consider Special Conditional Use Permit #SCU05-003 (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: 'TH[;"/2.c; 1_ \ A CJ/ffl?ElYI /T/VLJ kx.p/!frl/,l)//l/~ )t./6E-.b H/<,-, WEu-,J3(J/I:..T Or-peG 4-#..2/ ..,l),L.S//f/lJU'7-;/ oAJ ;:=7'fC./ -t: / T/ € S po~ L.-o~ ~ A/t/.L) / /1I77=7<..N ffJ7 o-v A '- dJO/ltBS T/C AN;> /'1./fI"C/T/ /lfF LOA--tfl G" /fC~ W r -:7# ..s;aCJBST;J-/l///JtfJL ENPA.OVM~/VT~ 7'/9x '8&VGF?'7:S Z:-~ r#€ C / -r y~.J) 'A-/T POI'?TG""" Rc.:> /".0 G /1/7..s: I am OPPOSED to granting this request for the following reasons: ~/I/~/PrE tF~ ~ 2.. ~ //cJ;- ~7:b. cS77/ART /I~.Y~WOR77/; GR Name (please print) /~~ S' e # ?/J W4L/~C;-/e., /Lf.7J Address ~S7V...v//X ? 700 2- City, State, Zip M;l~ -::IF R 05 - 003 r~ NO. g O!::~. A Meeting of the La Porte Planning and Zoning Commission (Type of Meeting) RECE~\!FD FE8 (j fJ ?C;D5 Scheduled for 'II f'"~ I il,.. ~I ~\ ~ .~ r~..:i (-, f) K~' D "l"j .~I .. . .. ,1 i ,j J ~ .,'. " <' , , . ) ,_r"u ';1: ~ ~:' 1......,.1 i_' Ll ~ February-17,2005 (Date of Meeting) to Consider Rezone Request #R05-003 (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: ~ I ry () 1= 1.8 I:."LTli If II f? e. H/l-tJ 6-fU> L..r(j N ,.rJ 6- () F- 77f/ S f'1&J() U TY I/'J /7 it:, r/4tM (}C. 70 ~ ;;~7JU WitS C!...om~t..~7/€.;ft /9/l,:{ /7?c!//-/ry, t!.DN~r/l..t)C-n()r.l ~t'17 t!..tJl')-S r /v hfi-05 T/I/-S to c1-a.o 1.1/ /9At) /zh,4J/f/ /IJ IN elMr'~ /N l/l- ~/C:r~. cd ~.t'~'{ I am OPPOSED to granting this request for the following reasons: Signature IIJ2d N~ II~ Address lAM;?; 77:;-7/ City, State: Zip I!'tK j)r;-;-tA//Ui/t n,-t (!M.4J t'4Hr Jame )p. lease print) ~~~ $XHIBO rl~ ~~p A Meeting of the La Porte Planning and Zoning Commission (Type of Meeting) HEGt~VFD FES 0 :'7 ?C,C;j Scheduled for ... r:~ ~l ~~~?\~':r~-.;l,i'" r'\f::'{)'T ,..1 l ., ",,1, \:i 1 ,......, < ,.; , . 1 i_r'ti .;i ~ -~ ~:l <j \.,.1 ~'L'i :I ~ February-17,2005 (Date of Meeting) to Consider Rezone Request #R05-003 (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: (!/"ry of 1./J,{a..T/Z fill!? t!..H-/ftJGiU> ZdN1rlC- at:- 77//$ (//&)(1 U 'TY I/'J / '1 fc' r/ZPm 6J.c. 70 /j )7-F7l"U t!.oJl/!:-r/l.,vc.no rJ WitS c1omPt..~7~ ~ft /9/l./{ h:?<!/.L-d-Y, ~t?1 t!..t)~ r Nh/u)5 7/-/-/-s '10 a-a.o 11/ /9/111) /Zh41/f/;'I) J N CIMrl d4f. /N 14-~~r~ . c1 ~.t'A,t. I am OPPOSED to granting this request for the following reasons: Signature /IJ2d ;1!~ /I ~ Address JAM fJ; 77:;-7/ City, Stat( Zip ~K P/fI"'W/L-M r~-L 6MA t!~- Jame )p""e print) ~~~ $)CHISO ~i~ ~. A Meeting of the La Porte Planning- and Zoning Commission (Type of Meeting) PFCFJVH'; ;, ,J.,.., ."u'" FE8 fj ~J ?C;C5 Scheduled for .. \ ' ., " , ' "';~ ,.-..,. P....j. Dt . .,. ..,'.".,,' "'. !\..' !' 1_f~i1\~ r~ ~ ~ !:~ tJ Lf [j ~ February I?, 2005 (Date of Meeting) to Consider Rezone Request #R05-003 (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: f!/'ry 0;:' L;J 1:'1...Tli. HAl? eHIl-riG-tU:> ZdN,;J6- ()F- 77f/$ P/&;(lUTY IN / tit?' rr/41m (Jc. 70 ,.fj >>p~ NitS (lomr't..4:--f"-t P'ft /97t./'t /79c!/t-d-Y, t!.ON~r/l.f)C-nor.1 ~m t!..o;J-s r N/ifi..CJS 7/1/-S '10 a-a.o.v /9At:> ,/2/v4/4/N IN elMr'~ /N 14-~",e;T& . cJ ~.tJ /i1.. I am OPPOSED to granting this request for the following reasons: Signature /IJ2d ;V~ II~ Address lAd6. ; A 77:;-7/ City, State: Zip ,t;.K j)JfI*"W/t...M n,-z r3~ t'~- Jame )pme pOD. t) ~~~ $XHIBO ~~: ~~. A Meeting of the La Porte Planning and Zoning Commission (Type of Meeting) RECE;,\}ED FE8 (j :7 ?C;~j5 Scheduled for '" .... t .\ i\" : .'. ~, .! r. ,.-..' , :I;"'j' Ul K._......1;\::)~....i. ! ,,~~...v, I r_r~~r;i ~ ~ ~ r1 ~J l-q_~ ~ February-17,2005 (Date of Meeting) to Consider Rezone Request #R05-003 (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: f!,-ry of"- Lit- I:/!..m fill!? t!..H/fIJG-!i.P Z~N/~C- ()t:- 771-/$ f?1&J~UTY IIV /'ii'c, r/ZP/H ()c. 70 /t /t-;C7/U t!.DN::r/l.vc.rto,..J NitS C!..OmPt-~7/E..~".v /9/l.,f /79c!/t.d-Y, ~~111 ~t)~ r NhA/./.5 7/-I/-S '"'fCJ c1-ao 11/ "qAt) /Zh41/f/AJ iN elMr'~ /N 1/1 ~,.;e;Trc . C! ~.?JN(. I am OPPOSED to granting this request for the following reasons: Signature 11/2& !1IJ' II~ Address JA.M ; ~ 77:;-7/ City, State; Zip /!'tK P~l"tNluVt ~-t (!#'....4I t'aHr ~ame )pie= print) ~~:6- ~HIBn H~ *'~. A Meeting of the La Porte RECEWFD Planning and Zoning Commission (Type of Meeting) FE8 0 7 ?;~;C;J Scheduled for ..... t ,,0\ 1 ? . ., c, u~. ('\'" ~r"(j' Ua :r:.1~.1:S\:.)":'~};';." ~ .\."~' I t_r~l; 'l;~ ~ ~ ~ ~ ."1 ~J k' ,,-, ~ , February-!?,2005 (Date of Meeting) to Consider Rezone Request #R05-003 (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: (!,ry of L/J,{/Lm HAl? f!HI/-tJGiU> Zi1N,A6- ()J=- nitS Ptfo(lUTY /1\1 i'ifC, r/lPh1 (;lc. 10 ~ ;;.p1?E/t t!.ON>7'/l.uc-rto r.l WitS t!....omPt-~;.J/€...,;ft /0"Ut ~/t./ry, ~m t!.o/j-<5. r /V/i/UJ-s 7/~/.s '(8 a-ao..v /9/111:> /Zh4J.4-/AJ 1;oJ ClbfrI d4L /N 1-4 ~;e;1 7?3 . cJ ~~/bt. I am OPPOSED to granting this request for the following reasons: Signature I/J2d ;V'J' II~ Address JAM j?; City, State: Zip 77:;-7/ f!;.K lJ/f7'"W/t-M r~-L ~/7'W?J t'aHr J=:JrI=e print) ~~~ ~HIBn ~-i~ OI!!:::-:::C'~. A Meeting of the La Porte {;r'l"')t~~\ ;f:'r~ l \ t '..J ~. ~ '~ L t: Planning and Zoning Commission (Type of Meeting) FES C ~1 7C;nJ Scheduled for " ..... i ., 51 ',1 , :.; ~ '! r. ,,~.\ c ,. ;-Y'''' U t.".."\"),,..,, ',(.-'-',1 ~. 1_r~~~ ~;i ~ q ~ ~ .:~ ~...J L,., 'L~ ~ ~ February 17, 2005 (Date of Meeting) to Consider Rezone Request #ROS-003 (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: C,ry of L/JI:"LTfi. HAl? f!..H/lrlGii.P Zc^h.rJC- ()F- 77IIS P/&J(lUTY //IJ l'ife, r/lQM &it. 70 ~ Jt.ppU t!.O;V ~ r /l. f) c.rt 0 r.1 NitS t!...o m P t.. 4fl€. ~/'l /77'U1 h:?c!/ t./ ry, ~1'11 t!.o1}<5. r /V hfi..CJ.$ 7//1..5 '{2J c1-ao.v ;/-lAP /Zh-4J/l//IJ IN e/Mr'~ /N 1/1 ~..-e;rtr . t1 ~~/Vl.. I am OPPOSED to granting this request for the following reasons: Signature /IJZd ;11~ /I ~ Address JAM /;?; City, State: Zip 77:;-7/ f!;K j)/{J'"Wlt-M rdt~ t!~ t!~- . J~ )pi=e print) ~~~ ~HIBn H: O!'-~. A Meeting of the La Porte Planning' and Zoning Commission (Type of Meeting) OQ ~~. (-, r 1 \.1 ~:' I ~~ n t. ..J~" . e..,.. FE8 (j rl ?CJj~ Scheduled for 11 [".1 ;\;\, ~, : ,; ,,! r, ,'-" < 'D"" v if ;1:" ~'d ~\; ) f~.i. \.,. ! \ ~... ~ ~ ! t_r:~u ';1 ~ ~ H ~J ~~l t....' L... 1 ~ February-17,2005 (Date of Meeting) to Consider Rezone Request #R05-003 (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: C,.ry of 1..19 !:.tTfi H4c> (!HIffJG-tU> ZON/~6- aF- 77f/$ f'1&J(1U TV I/'J 1'1 fh r/lPhI (Jc. /0 ~ It-~~ t!.ON>r/l.uC-T/O rJ NitS C!...omPt..6f.'€..,1,N /77'U1 /70.?/I-//Y, ~m t!.o/J5 r N/iIUJS 7/1/-S '10 c1-aavt/ /9/11t:> /Zh41/1//IJ j N e/MrI~ /N 1.4 ~.--e;r~. Cf ~t:J/VC. I am OPPOSED to granting this request for the following reasons: f!;.K Pft.-JINIt.-M r~1 ~~ ~aH;- _~ame )pie... print) ~~~ Signature IIJ2d ;1!J' II~ Address JAM; ?; City, State: Zip 77:;-7/ ~HJBn H~ *,~p A Meeting of the La Porte Planning and Zoning Commission (Type of Meeting) RECETJED FE.S iJ ~1 ?C~n~ Scheduled for " - .""" ., ;~, "'.' 'D' '-r """1/1 i\.. .\,. "H "-" -.. .~ '. "~.1 .. .;. ) ~ .'. .' "..~.. , 'r';"." \j ,j';"J \ I.; , t t_r1~';'i~1~;,.j~. ~'L-'4 ~ February-I?, 2005 (Date of Meeting) to Consider Rezone Request #R05-003 (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: (! ,.ry 0;:' Lit- 1:/LTfi. flAp t!..H/ftJG-liJ;> ZCN/~C- ()p 77//$ (//&;(lUTY IN I 'lib r/lP/h tJ-c. 7?J ./i !t-p1l1/t t!.DN>r~[)c.nD r.1 NitS t1om?t-~7-t ~ft /7'7l/t ~/t-d-Y, ~~1'11 ~t)/J<5. r N/ifi-OS 7/-1/-5 '-ro c1-a.o..v ,qAt) ,/2/P41/f//IJ IN elMr'~ /N 1/7-~/CT~ . Cf ~,tJ A.,t. I am OPPOSED to granting this request for the following reasons: Signature /IJ2d !1IJ' /I ~ Address IA.M . ~ 77:57/ City, State: Zip f!;1<' lJ/fl'"tAJ/t-M n,-t ~~ ~crH;- J~. lease Prin. t) ~~~ ~HJBIl ~1~ 'll!!::~..--... A Meeting of the La Porte Plannin~ and Zonin~ Commission (Type of Meeting) l~ i-' {-': \: ~ \j f~' r) ~ \ r:. '.>~. ,. " [." FE8 0 :7 ?C;C5 Scheduled for .. 1) i ft ~\1 i\E 1 ~~) (.~ f', r:.~ p""] } t "'~I'\';~l~~,.;II,. J .., , ~ ~ S l_t ~.~ Jo .~ ", ! "''' t.___ February!?, 2005 (Date of Meeting) to Consider Rezone Request #R05-003 (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: e ,.ry 0;:' l.. It- ;: /LTIi. If If c> e. H-1J-tJ 6iU> f'/&)()UTY IN / '1 if, ZdN,-rJ6- ()t:- 77//$ r/lQ/H {)C 70 ..fI 1t-~7?U C!..omf'/t..~7~ oP.N /7'7t.rt ~/t-d-Y, t!.ON>r/l.f)C-rior.l WitS ~111 t!..tJ!J5 r NA./Z..().$ T/-I/-S '(8 c1-aolo1/ /9/11t:> /Zh41/f/AJ J;oJ C/MrI d4f- /N )..,4 ~"a-~. C1 /t.oA,"-. I am OPPOSED to granting this request for the following reasons: f!;.K lJ~~W/t.-M r~'! ~~ (!~- J""')>l=e print) ~~~ Signature l/j2d ;1!J' II~ Address lAM /~ 77:;-7/ City, Statt, Zip ~HIBn ~-i~