Loading...
HomeMy WebLinkAbout2006-11-06 Special Called Regular Meeting, Public Hearing and Workshop Meeting '.t .-- A MINUTES OF SPECIAL CALLED REGULAR MEETING, PUBLIC HEARING AND WORKSHOP MEETING OF THE LA PORTE CITY COUNCIL November 6, 2006 1. CALL TO ORDER The meeting was called to order by Mayor Alton Porter at 6: 17 p.m. Members of City Council Present: Mayor Alton Porter, Council members Tommy Moser, Mike Clausen, Mike Mosteit, Louis Rigby, Barry Beasley, Howard Ebow, Peter Griffiths and Chuck Engelken. Members of Council Absent: None Members of City Executive Staff and City Emplovees Present: Interim City Manager John Joerns, Assistant City Attorney Clark Askins, Planning Director Wayne Sabo, City Secretary Martha Gillett, City Consultant/Advisor Debra Feazelle, Assistant City Secretary Sharon Harris, Police Chief Richard Reff, Human Resources Manager Robert Swanagan, , Interim Finance Director Michael Dolby, Patrol Lieutenant Carl Crisp, Patrol Sergeant Matt Daeumer, Downtown Revitalization Coordinator Debra Dye Patrol Officer Matt Novosad, Parks and Recreation Director Stephen Barr, Emergency Management Coordinator Jeff Suggs, Purchasing Manager Susan Kelley, Assistant EMS Chief Lisa Camp, Judge Denise Mitrano, Assistant Fire Chief Champ Dunham, Street Maintenance Supervisor Rodney Cox, Clarence Anderson, Police Department and numerous police officers and firefighters. Others Present: John Handy, Houston Chronicle, Jan Lawler, Dave Turnquist, Rusty Smith, Neal Welch, Norman Reed, Russell Schoppe, Matt Shippey, Lorna Green, Debby Dickerson, Thomas Lanza, Charles Smith, Nathan Bretting, Charmaine Henderson, Shelbie Gabrilska, Kim Bretting, Norman Reed, Glenn Burdeaux William E. Dickerson, Sue Gail Kooken, Char Bingham, Trent Wise, Reverend Besson and other citizens. 2. Reverend Michael Besson ofSt. John's Episcopal Church of La Porte delivered the Invocation. 3. Mayor Porter led the Pledge of Allegiance. 4. PRESENTATIONS / PROCLAMATIONS There were no presentations or proclamation presented at the meeting. 5. Consent Agenda A. Consider approving Minutes of the Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council held on October 23,2006. B. Council to consider approval or other action accepting grant award from Fireman's Fund Heritage Program for fire equipment. C. Council to consider approval or other action authorizing the Interim City Manager to execute a contract with Environmental Improvements for the replacement of City Council Special Called Regular Meeting, Workshop Meeting and Public Hearing -November 6, 2006 Page 2 Clarifier Drives at the Little Cedar Bayou Wastewater Treatment Plant in the amount of $98,800, and authorizing a contingency of $4,940. Motion was made bv Council member Beasley to approve the consent agenda items as presented. Second by Council member Clausen. Motion carried. Ayes: Mosteit, Moser, Beasley, Engelken, Ebow, Clausen, Rigby, Griffiths and Porter. Nays: None Abstain: None. 6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX P AYERS WISHING TO ADDRESS COUNCIL ON ANY ITEM POSTED ON THE AGENDA. Jose R. Cespedes - 707 South 3rd Street, La Porte, Texas - Trash bags benefit - when called to speak Mr. Cespedes was not present. Trent Wise - 425 Spencer Landing West, La Porte, Texas - Mr. Wise spoke on Traffic & Vehicles Article V, Stopping, Standing & Parking and Pond to Park - Spencer Landing / Zones. Mr. Wise requested Council to favor this project. Carl Crisp - 10338 Antrim Lane, La Porte, Texas - Lt. Carl Crisp informed Council of his concerns with health insurance for employees. He noted 30 year employees were promised benefits that are being taken away. He would like to see the 80 point rule changed. He noted retiree premiums have increased due to the formula used. He noted he has not been able to receive clear information from City Administration regarding benefits and benefit changes. He requested Council consider how this impacts people's lives and not to just consider budget factors. Sue Gail Kooken - 410 S. 1 sl La Porte, Texas - spoke against a pooper scooper ordinance. William Dickerson - 327 Spencer Landing East La Porte, Texas provided council with a handout and map. He spoke against the Spencer Landing project. Item 16 E. Workshop was taken out of order. See item below. 7. Public Hearing - Council to consider approval or other action on recommendation of designation of Reinvestment Zone "C" to approve an ordinance designating a 10.115 Ac tract as Reinvestment Zone "C" - Preferred Freezer Services Houston Port, LLC. Open Public Hearing - Mayor Porter opened the Public Hearing at 7: 18 p.m. Interim Finance Director Michael Dolby presented summary and recommendation and answered Council's questions. Public Input: There were no citizens wishing to provide input. Recommendation of Staff - Staff recommends City Council consider approval of an ordinance designating a 10.115 Ac tract as La Porte Reinvestment Zone "C" Preferred Freezer Services Houston Port, LLC. The Public Hearing was closed at 7:20 p.m. City Council Special Called Regular Meeting, Workshop Meeting and Public Hearing -November 6, 2006 Page 3 8. Council to consider approval or other action regarding Ordinance 2955 Assistant City Attorney Clark Askins read: Ordinance 2955- AN ORDINANCE AUTHORIZING THE DESIGNATION OF THE CITY OF REINVESTMENT ZONE "C" - "PREFERRED FREEZER SERVICES HOUSTON PORT, LLC"; MAKING FINDINGS OF FACT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made bv Council member Engelken to approve Ordinance 2955 as recommended by staff to designate Reinvestment Zone "C". Second by Council member Griffiths. The motion carried unanimously. Ayes: Mosteit, Rigby, Moser, Beasley, Engelken, Ebow, Clausen, Griffiths and Porter. Nays: None Abstain: None. 9. Council to consider approval or other action regarding an ordinance authorizing a Tax Abatement Agreement between the City of La Porte and Preferred Freezer Services Houston Ports, LLC for real property located in the La Porte Reinvestment Zone "C". Interim Finance Director Michael Dolby presented summary and recommendation and answered Council's questions. Assistant City Attorney Clark Askins read: ORDINANCE 2956 -AN ORDINANCE APPROVING AND AUTHORIZING A T AX ABATEMENT AGREEMENT BETWEEN THE CITY OF LA PORTE AND PREFERRED FREEZER SERVICES HOUSTON PORT, LLC., A DELAWARE CORPORATION, FOR REAL PROPERTY LOCATED IN THE LA PORTE REINVESTEMENT ZONE C; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made bv Council member Clausen to approve Ordinance 2956 as presented by Mr. Dolby. Second by Council member Griffiths. The motion carried Ayes: Mosteit, Moser, Beasley, Engelken, Ebow, Rigby, Clausen and Porter. Nays: None Abstain: None. Councilmember Griffiths left the meeting at 7:30 p.m. 10. Council to consider approval or other action approving of a variance to allow construction of improvements for a proposed Public Cold Storage Distribution Center to be located at 10000 Porter Road, La Porte, Texas, to commerce prior to the execution and delivery of a Tax Abatement Agreement with Preferred Freezer Services Houston Port, LLC. The variance is "at risk" and does not commit or bind the City to approval of a Tax Abatement Agreement with Preferred Freezer Services Houston Port, LLC. No action was needed on this item since passing of Abatement Agreement. 11. Council to consider approval or other action regarding an ordinance appointing an Ad HOC Committee for Proposed Bond Referendum. City Council Special Called Regular Meeting, Workshop Meeting and Public Hearing -November 6, 2006 Page 4 Interim City Manager John Joerns presented summary and recommendation and answered Council's questions. Council directed staff to bring this item back to the December 11, 2006 Council Meeting. They want to review a potential project list and Council needs to be prepared to submit candidate's names who would be willing to serve on the Blue Ribbon Committee. 12. Council to consider approval or other action regarding an ordinance authorizing and approving an agreement between the City of La Porte and the Spencer Landing Homeowner's Association, Inc. regarding installation and maintenance of playground and park service equipment for use by the public in a detention basin facility owned by the Association, and approving additional funding as described. Parks & Recreation Director Stephen Barr presented summary and recommendation and answered Council's questions. Assistant City Attorney Clark Askins read: ORDINANCE 2958 -AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE SPENCER LANDING HOMEOWNER'S ASSOCIATION, INC. REGARDING INST ALLA TION AND MAINTENANCE OF PLAYGROUND AND PARK SERVICE EQUIPMENT FOR USE BY THE PUBLIC IN A DETENTION BASIN FACILITY OWNED BY THE ASSOCIATION; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Council member Moser to approve Ordinance 2958 as presented by Mr. Barr with correction on page 4 of the contract. Second by Council member Beasley. The motion carried Ayes: Mosteit, Moser, Beasley, Engelken, Ebow, Clausen, Rigby and Porter. Nays: None Abstain: None. 13. Council to consider approval or other action regarding an ordinance authorizing the Mayor to execute the Amendment to Cost Sharing Agreement Southeast Water Purification Plant Public Works Director Steve Gillett presented summary and recommendation and answered Council's questions. Assistant City Attorney Clark Askins read: ORDINANCE 2959 -AN ORDINANCE APPROVING AND AUTHORIZING AN AMENDMENT TO COST SHARING AGREEMENT SOUTHEAST WATER PURIFICATION PLANT BETWEEN THE LA PORTE AREA WATER AUTHORITY AND THE CITY OF HOUSTON; APPROPRIATING THE SUM NOT TO EXCEED $542,880.00, TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Council member Rigby to approve Ordinance 2959 as presented by Mr. Gillett. Second by Council member Ebow. The motion carried City Council Special Called Regular Meeting, Workshop Meeting and Public Hearing -November 6, 2006 Page 5 Ayes: Mosteit, Moser, Beasley, Engelken, Ebow, Clausen, Rigby and Porter. Nays: None Abstain: None. 14. Council to consider approval or other action regarding an ordinance appointing members to various Boards and Commissions and determine alternate positions to Chapter 172. Mayor Alton Porter presented summary and recommendation and answered Council's questions. Assistant City Attorney Clark Askins read: ORDINANCE 2004-2782-0 -AN ORDINANCE APPOINTING MEMBERS TO VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES, OF THE CITY OF LA PORTE; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Council member Rigby to approve Ordinance 2959 appointing Matt Daeumer to Alternate Position 1 and Juliane Graham as Alternate Position 2 and removing: all term expiration dates on all positions on the Board. Second by Council member Beasley. The motion carried Ayes: Mosteit, Moser, Beasley, Engelken, Ebow, Clausen, Rigby and Porter. Nays: None Abstain: None. 15. Close Regular Meeting and Open Workshop at 7:51 p.m. 16. Workshop Items A. Assistant City Attorney Clark Askins discussed ordinance amending Chapter 70 of the Code of Ordinances establishing presumption as the operator of illegally parked vehicle. Council directed staff to bring this item back as an action item at a future Council Meeting. B. Assistant City Attorney Clark Askins discussed an ordinance amending Chapter 14, "Animals", Article 1, "In General", of the Code of Ordinances of the City requiring the owner or custodian of an animal to dispose of animal excreta deposited on public property or private property not under controL Council directed staff to bring this item back as an action item at a future Council Meeting. C. Interim City Manager John Joerns and Planning Director Wayne Sabo discussed Port of Houston's proposed interlocal agreement to construct a temporary road on "J" street and use of 4th street right-of-way for a temporary road and requested City Council provided staff with direction. Council directed staff to move forward. Staff inquired whether or not to include street lights in the interlocal agreement. Council consensus was an either or option. City Council Special Called Regular Meeting, Workshop Meeting and Public Hearing -November 6, 2006 Page 6 Regarding 4th street, Council requested it have similar standards the Port of Houston proposed for "I" street. Council did not want the City to pay for the maintenance. They want the cost to be passed to the Port of Houston or the developer. D. Director of Planning Department Wayne Sabo discussed Lakes at Fairmont Green Development and requested City Council provided staff with direction. It was the consensus of Council to move forward. After design is approved, the maintenance costs could be passed through the P.I.D. The first workshop for only item E opened at 6:40 p.m. E. Human Resource Manager Robert Swanagan and HRH Consultant Neal Welch discussed retiree calculations for employee/dependent insurance premium cost. Consultant Neal Welch informed Council he made a mistake in previous calculations provided to City Council. He noted the $83,000.00 Council earmarked earlier was not enough. The $83,000.00 only covered increases for employees. An additional $120,000.00 is needed. Active employee costs are $173,132.00 and retiree number went down and now is $30,488.00. See handout provided in packet. In addition he provided Council with a handout on 80/20 split. Interim City Manager John Joems noted he will be coming back at a future Council meeting with a budget amendment for the additional costs. These costs reflect amounts equivalent to cover retiree freezes prior to December 31, 2005. It was noted staffwill start looking for new quotes after the first of January, 2007. The first workshop session ended at 7: 17 p.m. and the regular meeting was reconvened. 17. Closed the second session of the Workshop meeting and reconvened Regular Meeting at 8:51 p.m. 18. Council to consider approval or other action of recommendation #7 of the Chapter 172 Board as discussed at September II, 2006 City Council Meeting. Interim City Manager John Joems presented summary and recommendation and answered Council's questions. Councilmember Clausen made a motion to approve item 7 recommending the current method of making the Retiree calculations continue with clarification of language regarding City budged cost and that the coverage % discount amount applies only for retirees. not dependents. Also. the proposed calculator that Consultant Neal Welch is developing be implemented to allow any employee to be able to get an estimate of their insurance cost and their dependents cost at the current vear budgeted City cost and for one additional vear as presented bv Mr. Joems. Second bv Councilmember Ebow. The motion carried. Ayes: Clausen, Mayor, Mosteit, Ebow and Engelken. Nays: Rigby, Beasley and Moser Abstain: None City Council Special Called Regular Meeting, Workshop Meeting and Public Hearing -November 6, 2006 Page 7 19. Administrative Reports Assistant City Manager John Joerns reported council of the TML Excellence Award- "Delinquent Tax Property for Community Development" and the Formal policy for award of contractslbids and reminded council of the Thanksgiving Holiday observed November 23- 24,2006, Christmas on Main Street December 7,2006 at 5:50 p.m., National League of Cities Conference Reno, NV December 5-9, 2006, Employee Holiday Party December 8, 2006 6:00 p.m. Sylvan Beach Pavilion and City Council Meeting December 11, 2006. In addition, Mr. Joerns informed Council about the Buxton Retail study noting that no input was received from Council and staff would move forward. He also reminded Council of his vacation next week. Lastly, he noted the City received a $5,000.00 check from Kaneka. 20. Council Comments Moser, Beasley, Rigby, Ebow, Engelken, Mosteit, Clausen and Porter had comments. 21. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, 551-087, TEXAS GOVERNMENT CODE (CONSULTATION WITH ATTORNEY, DELIBERATION REGARDING REAL PROPERTY, DELIBERATION REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS, DELIBERATION REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION, DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS) SECTION - 551.071 (PENDING OR CONTEMPLATED LITIGATION) MEET WITH CITY ATTORNEY TO DISCUSS POSSIBLE BREACH OF CITY CONTRACT WITH MERCER GROUP, INC. FOR COMPENSATION STUDY Council retired to Executive Session at 9:22 and returned to the Regular Meeting and reconvened at 9:55 p.m. 22. Considerations and possible action on items considered in Executive Session. There was no action taken. 23. There being no further business to come before Council, the Regular Meeting was duly adjourned at 9:57 p.m. .RfiP~~~ ~~ha Gillett, TRMC, CM~ City Secretary PR~ and apP'rove~ this 11 th day of December 2006 ~l-~( \~ Mayor Alton E. Porter E REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: ecember II 2006 ADDronriation Requested By: Source of Funds: Utility CIP Fund 003 Account Number 003-9890-915-1100 Department: Report: X Resolution: Ordinance: Amount Budgeted: $...'\65,500_00 Exbibits: Bid Tabulation Amount Requested: $213,812.00 Exbibits: Budgeted Item: yes--------- SUMMARY & RECOMMENDATION The Planning Department prepared plans and specifications for Lift Station No. 40 force main replacement, from West Taylor Bayou to SH 146 for the rehabilitation of the existing system. The lowest responsible and responsive bidder was R.L. Utilities, Inc. for the construction of approximately 4,500 LF-IO" PVC Force Main., site restoration and all other related appurtenances and items, all complete, tested and operational. This construction firm has performed work within the City before and has done a satisfactory job. Therefore, staff recommends awarding the construction contract in the amount of $198,812.00 plus a contingency of $15,000 to R.L. Utilities, Inc., which is significantly less than the budgeted amount. Action Required bv Council: Authorize the City Manager to execute a contract with R.L. Utilities, Inc. for the Lift Station No. 40 force main replacement from West Taylor Bayou to SH J 46 in the amQunt of $198,812.00, plus a contingency of$15,000.00. Approved for Citv Council A2enda ;;/FID' ate BID TABULATION #07005 LIFT STATION #40 FORCE MAIN REPLACEMENT BASE BIDS $198,812.00 $206,420.00 $282,723.26 $319,910.40 $591,803.00 Information represents pricing only, and other factors mayor may not be considered during the evaluation process SPECIFICATIONS AND CONTRACT DOCUMENTS FOR LIFT STATION NO. 40 FORCE MAIN REPLACEMENT CITY OF LA PORTE, TEXAS September 2006 CLP PROJECT NO. 2005-7301 "~':r.:~i1 '~J1 ;.' R~~ 9 --1a--o~ CITY OF LA PORTE LIFT STATION NO. 40 FORCE MAIN REPLACEMENT CLP Project No. 2005-7301 TABLE OF CONTENTS SECTION NO. OF PAGES NOTICE TO BIDDERS ...... ........ ...... .......... ............ ............... .............. .... .... ..... ....... ....... ...........1 SCOPE OF WORK ................. ...................... ......... ................... ........... ....................... ........... ...1 INSTRUCTIONS TO BIDDERS. ........ ............... ............................... ............... .........................4 BID PROPOSAL .......................................................................................................................3 AGREEMENT...... ..... ......... ............................ ........... ............... ............ .... ............. ..... ...............2 PAYMENT BOND .., ........ ............... ............... ............ .............. ............ ...... .................. ..............2 PERFORMANCE BOND ..........................................................................................................2 GENERAL CONDITIONS......... ........ ......................... ............. .............. ....... ....... ...... ............ ..42 SUPPLEMENTARY CONDITIONS.. ... ............ ................................ ................ .................. .....8 TECHNICAL SPECiFiCATION......... '" .., .., ... ...... '" ...... ... ......... -.. .-. ..AS PROVIDED Item 00102 Clearing & Grubbing Item 00430 Construction of Underground Utilities Item 00708 Fiher Fabric Fence Item 00725 General Source Controls Item 01563 Control of Ground Water and Surface Water Item 0 1564 Waste Material Disposal Item 01570 Traffic Control and Regulation Item 02226 Trench Safety System Item 02227 Excavation and Backfill for Utilities Item 02620 PVC Pipe Item 02731 Sanitary Sewer Force Mains NOTICE TO BIDDERS CLP Project No. 2005-7301 1. Sealed bids, in duplicate, on the original forms, signed by an officer of the Company, and addressed to Susan Kelley, Purchasing Manager, City of La Porte, 2963 N. 23rd Street, La Porte, Texas 77571 will be received until 2:00 pm, November 16, 2006, for the construction of: CITY OF LA PORTE LIFT STATION NO. 40 FORCE MAIN REPLACEMENT CLP PROJECT NO. 2005-7301 2. Bidders are requested to attend a pre-bid conference to be held in the Public Works Building, 2963 N. 23rd Street, La Porte, Texas, November 1, 2006, at 2:00 pm. 3. Interested contractors may obtain plans, specifications and necessary bidding information at a cost of $35.00 per set (non-refundable) made payable to the City of La Porte at the above location. 4. Each PROPOSAL shall be accompanied by a cashier's check, certified check, or bid bond from a surety company licensed in the State of Texas in an amount not less than five percent (5%) of the total amount 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. 5. 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 race, color, sex, age, religion or national origin in consideration for an award. 6. The Owners reserve the right to reject any and all bids and to waive informalities in bidding. In case of ambiguity or lack of c1eamess in stating the prices in the bid, the Owner reserves the right to consider the most advantageous construction thereof or to reject the bid. CITY OF LA PORTE Susan Kelley Purchasing Manager SCOPE OF WORK CLP Project No. 2005.7301 LIFT STATION NO. 40 FORCE MAIN REPLACEMENT Pursuant to the published Notice to Bidders, the bidder hereby proposes to do all the work and furnish all necessary superintendence, labor, machinery, equipment, tools and materials, and whatever else may be necessary to complete all the work included under the General Contract for the construction of approximately 4,500 LF-10" PVC Force Main., site restoration and all other related appurtenances and items, all complete, tested and operational in accordance with the plans and specifications prepared by the City of La Porte Planning Department for the unit prices set forth in the attached bid sheet. It is understood that, in the event any changes are ordered made in any part of the work, the unit prices bid shall apply as additions to or deductions from the total prices for the parts of the work changed. Performance and Payment Bonds shall be required for these projects as well as a one (1) year maintenance bond in the amount of one hundred percent of the contract price indemnifying the City of La Porte against defective workmanship and material. INSTRUCTIONS TO BIDDERS CLP Project No. 2005.7301 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 Purchasing Manager, until the time and date indicated within the NOTICE TO BIDDERS, and then at said office publicly opened and read aloud. The envelopes containing the bids must be sealed and addressed to Susan Kelley, Purchasing Manager at 2963 N. 23rd Street, 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 thirty (30) 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 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, a certified check of the bidder, or a bid bond prepared, duly executed by the bidder as principal and having as surety thereon a surety company approved by the Owner, in the amount of five percent (5%) of the bid. Such checks or bid bonds will be returned to all except the three (3) lowest bidders within three (3) days after the opening of bids, and the remaining checks or bid bonds will be returned promptly after the Owner and the accepted bidder have executed the contract, or, if no award has been made within thirty (30) days after the date of the opening of bids, upon demand of the bidder at any time thereafter, so long as he has not been notified of the acceptance of his bid. LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT The successful bidder, upon his failure or refusal to execute and deliver the contract and bonds required within ten (10) days after he has received notice of the acceptance of his bid, shall forfeit to the Owner, as liquidated damages for such failure or refusal, the security deposited with his bid. TIME OF COMPLETION AND LIQUIDATED DAMAGES Time is of the essence in this project and the contractor must diligently pursue the construction of the work so as to offer it for final acceptance by the Owner within the time limit specified in the proposal. Liquidated damages of $300.00 per day shall be chargeable for each day the work remains incomplete past the stated time limit which for this project is 120 calendar days. CONDITIONS OF WORK Each bidder must inform himself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of his obligation to furnish all material and labor necessary to carry out the provisions of his contract. Insofar as possible the contractor, in carrying out his work, must employ such methods or means as will not cause any interruption of or interference with the work of any other contractor. ADDENDA AND INTERPRETATIONS No interpretation of the meaning of the plans, specifications or other pre-bid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to "City of La Porte, Attn: Susan Kelley 2963 N. 23rd Street, 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. 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 bid items included in the base 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 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. BID PROPOSAL FOR UNIT PRICE CONTRACT CLP Project No. 2005-7301 Proposal of (hereinafter called "Bidder")* a corporation, organized and existing under the laws of the State of ,* a partnership, or an individual doing business as to the City of La Porte, Texas (hereinafter called "Owner"). Ladies and Gentlemen: The Bidder, in compliance with your invitation for bids for the construction of Lift Station No, 40 Force Main Replacement per plans and specifications prepared by the City of La Porte, and having examined the plans and specifications with related documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project induding the availability of materials and labor, hereby proposes to furnish all labor, materials and supplies and to construct the project in accordance with the contract documents, within the time set forth therein, and at the prices stated in the attached Bid Schedule. These prices are to cover all expenses incurred in performing the work required under the contract documents, of which this proposal is a part. Bidder hereby agrees to 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 120 consecutive calendar days thereafter as stipulated in the specifications. Bidder further agrees to pay as liquidated damages, the sum of $300.00 for each consecutive calendar day thereafter as provided in Paragraph SC-6 of the Supplementary Conditions of the Agreement. Bidder acknowledges receipt of the following addendum: DATE: BASE BID PROPOSAL BASE PROPOSAL: Bidder agrees to perform all of the work shown on the plans and further described in the specifications for the sum of nnp "Rllnnrpn 1\1; nty Right Thousand, Eiqht Hundred Twelve dollars ($ 198,812.00 ). (Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words will govern.) Also attached is a spreadsheet to be used for calculating unit prices for the various bid items. This spreadsheet is to be included in the bid submittal for the evaluation of the bids. 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 thirty (30) calendar days after the scheduled closing time for receiving bids. Upon receipt of written notice of the acceptance of this bid, bidders will execute the formal contract attached within ten (10) days and deliver a Surety Bond or Bonds as required by the General Conditions. The bid security attached in sum of So/n nf "hi n nr 1\1; np 'T'nnm::;::mn, Nine H"ndnld Fnrrt ~~~~~r~ rinn ~;Yry r~nt~ dollars $ 9 . g40 . nO ) 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 caused thereby. BY: Respectfully submitted: rt#l c/ ~/~ (~ignature of Authorized Person) Russell Lunderno (Print Name of Authorized Person) (SEAL) President (Title) P.o. Box 1154 (Business Address) La Porte, Texas (City) (State) 77572 (Zip Code) 281-479-6567 (Telephone Number) STATEMENT OF MATERIALS AND OTHER CHARGES MATERIALS INCORPORATED INTO THE PROJECT: $ 60,140.00 ALL OTHER CHARGES: $138,672.00 TOTAL: $198,812.00 This total must agree with the total "Total Amount Bid" figure shown on the bid sheet. For purposes of complying with the Texas Tax Code, the Contractor agrees that the charges for any material incorporated into the project in excess of the estimated quantity provided for herein will be no less than the invoice price for such material to the Contractor. BID SHEET LIFT STATION NO. 40 FORCE MAIN REPLACEMENT elP PROJECT NO. 2005-7301 SECTION "A" - FORCE MAIN ITEM aiD UNIT NO. ITEM DESCRIPTION UNIT QUANTITY PRICE AMOUNT 1 10" SDR 18 PVC Force Main @ 1'1,; r t. y - t "10 Dollars I1t:;.?OO. LF ~ ?? no Per Linear Foot 2 10" SDR 18 PVC Force Main in Uncased Bore Hole @ ~~T~~ryn~~n;~11ars and 49,572. LF 810.00 61.20 Per Linear Foot 3 10" SDR 18 PVC Force Main in 18'.114" Thk. Grade 50 ~eel Casin @ One Hundred NintY-flVe 1.9.5........0..0 70.fl70. Dalla:!:"!! LF 106.00 Per Linear Foot 4 Remove Aerial Force Main & Piers @ 1'nree 1'housane Dollars ? DOC LS 1.00 :3 ...r.JlOJl Per Lump Sum 5 ,e-lIn to Existing Force Main @ SH 146 @ ~~~t}h~gf~~~st~n nllnnre 1,250 1,25C LS 1.00 Per Lump Sum 6 lie-in to Exist Piping at Lift Station five huner d @ One thousand 1,50C Dollars LS 1.00 1,500 'I Per Lump Sum 7 Traffic Control @ SH 146 hundr d @ Tl,yO thousand four Do11 ::l n:: LS 1.00 2...d.ill2 2,400. Per Lump Sum 8 Filter Fabric Fence (Install & Remove) @ TWo Dollars ~O 200 LF 100.00 Per Linear Foot 9 Trench Safety Cents @ Seventy LF 3600.00 ~O 2,520 Per Linear Foot SUBTOTAL SECTION "A" 196,312 00 00 00 .00 .00 .00 00 00 00 00 SECTION "B" . EXTRA WORK To be done where authorized by Engineer in quantities authorized. Contractor Shall provide unit pr1ces ONLY for Items 1 thlll 7. ITEM ITEM DESCRiPTION & BID UNIT NO. UNIT PRICE IN WORDS UNIT QUANTITY PRICE AMOUNT 1 Well Pointing for Bore Pits @ Fi ve Hundred Dollars EA MQ 500.00 2,500. Per EACH SUBTOTAL SECTION "a" 2,500. ) o o BID SUMMARY TOTAL BID $ 196,312.00 $ 2,500.00 $ 198,812.00 SECTION "A". FORCE MAIN SECTION "B" - EXTRA WORK AGREEMENT CLP Project No. 2005-7301 THIS AGREEMENT, made this ~ day of De C~ (7) her ,2006, by and between the CITY OF LA PORTE, hereinafter called "Owner", acting herein through its CITY MANAGER and R . L ~ U-f; I,f I'es: (Name of Contracting Firm) Strike out inapplicable terms: (a corporation) (a ~p) or (an indtvidu~1 doing 1ruslness as:) of, County of f/qrris , and State of Texas, hereinafter called "Contractor". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made anq performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to commence and complete the construction described as follows: Lift Station No, 40 Force Main Replacement CLP PROJECT NO. 2005-7301 hereinafter called the project, for the Total Price of TW6> h un rJ. r(>~ fh,',..fe-eY) +housqnd e;.gt.-rt h4Y1dr-eol t-vJe../ve Qnr1 (\0 C€Tlts Dollars 00 ($ ~ \ '3) ~ I ~ . ) and all extra work in connection therewith, under the terms as stated in the General and Supplementary Conditions of the Contract; and Further, that the CONTRACTOR agrees, at his (its or their) own proper cost and expense, to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said project in accordance with: A. The terms and conditions stated in the Proposal and in the General Conditions, and Supplementary Conditions of this Contract; Scope of Work B. The plans, which include all maps, plats, blue prints, and other drawings and printed or written explanatory matter thereof; and C. The Specifications and other contract documents therefore, as prepared by the City of La Porte, all of which are made a part hereof and collectively evidence and constitute the contract. The CONTRACTOR hereby agrees to commence work under this contract on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 90 calendar days thereafter. The CONTRACTOR further agrees to pay, as liquidated damages, the sum of $300 for each consecutive calendar day thereafter as hereinafter provided in Paragraph SC-6 of the Supplementary Conditions. IN WITNESS WHEREOF, the parties to these present have executed this contract, each of which shall be deemed an original, in the year and day first above mentioned. City of La Porte Name of Owner SEAL By: AtlYll By: _tJ.J1b dLfIJ Mart Gillett City Secretary Title SEAL By: ;fl. 1.// / I/I/E 5 ) TAle-. Zd:J~ , Signature of Authorized Person jJi{ fC S /I~ E NT ,J) HI -l. J< . , ~}.J,u~ Title of Authorized Person Wi n ss ( ;? (ll3o') 1(54) iF! f6~r~ 7X. '7'1& 7 ::J. Address and Zip Code Approved as to Form: ~T~ City Attorney PERFORMANCE BOND CLP Project No. 2005.7301 STATE OF TEXAS Bond No. 2204892 COUNTY OF HARRIS KNOW ALL MEN BY THESE PRESENTS: That R. L. UTILITIES, INC. of the City of LaPORTE County of HARRIS, and State of TEXAS , as principal, and MJ~U~~E COMPANY OF authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto The City of La Porte (0 ) . th I f TWO HUNDRED THIRTEEN THOUSAND. EIGHT HUNDRED rfnll wner ,In e pena sum 0 T{>J.EI.'lE ANI9 no/ 100 .'7'1'"--..,-----...4-----------..,-......~ ars <-$ 213 ,812.00 ) 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 day of , 2006, to which contract is hereby referred to and made apart hereof as fully and to the same extent as if copied at length herein. LIFT STATION NO.. 40 FORCE MAIN REPLACEMENT 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. Chaoter 2253, as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein." Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 22nd day of December, 2006. R. L. UTILITIES Principal INSURANCE COMPANY OF THE WEST (', Surety" " '\ " \ Address: P.O. Box 1154 ,//( By: / "--\ J() ;/ J~ Ann pa:-ker #12 909 Title: AtforneV-J.n-Fact Addresl 6))5 W~~t Loop sr.n.th.......suite 230 ---_.../ By: ~d/ PRESIDENT Title: LaPorte, Texas 77572-1154 Be11aire, Texas 77401 The name and address of the Resident Agent of Surety is: Jo Ann Parker #1238909 IIOUSTOUN, WOODARD, EASON, GENTLE, TOMFOROE. AND ANDERSON, INC. 1-ba Insurance Alliance 1 76 yorktown. Suite 200 Houston, Texas 77056-4114 TDI License #1381 FEIN # 760362043 PAYMENT BOND CLP Project No. 2005-7301 STATE OF TEXAS Bond No. 2204892 COUNTY OF HARRIS KNOW ALL MEN BY THESE PRESENTS: That R. L \ UTILITIES, INC. of the City of LaPORTE County of HA.RRIS , and State of TEXAS , as principal, and INSURANCE COMPANY OF authorized under the laws of the State of Texas to act as suret}P8n~8Fids for principals, are held and firmly bound unto The City of La Porte (Owner), in the penal sum of TWO. HUNDRED ~HIRTEEN ~HOUSAND f EIGHT dollars ($2B,812.00 ) for the payment wh~}~~~~e ~~~v~rm2fp~Pa~~OSffietYD1tlatnermelves, 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 11th day of December , 2006, to which contract is hereby referred to and made apart hereof as fully and to the same extent as if copied at length herein. LIFT STATION NO. 40 FORCE MAIN REPLACEMENT NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; "PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Vernon's Texas Codes Annotated. Texas Government Code. Chapter 2253, as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein." Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in such change extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 22nd day of December , 2006. Principal INSURANCE COMPANY OF THE WEST SuretyQ R. L. UTILITIES By: Rt... ad.J By: 5 West Loop South, Suite 230 Title: PR~SIDE"NT Address: P.O. Box 1154 Title: I Addresi ......-.... LaPorte, TX 77572-1154 Be11aire, Texas 77401 The name and address of the Resident Agent of Surety is: Jo Ann Parker #1238909 HOUSTOUN, WOOflARD. EASON, GENTLE, TOMJ=ORDE, AND ANDERSON. INC. ~ Insurance ~Iiance I Tonaown. ~ulte200 Houston, Texas 77056-4114 TO! License #1381 FEIN # 760362043 No. 0004673 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint C. W. ADAMS, HARLAN J. BERGER, MICHAEL COLE, SHARON CAVANAUGH, CHERYL R. COLSON, ANDREW J. JANDA, SUE KOHLER, DONALD E. WOODARD, JR., AND JO ANN PARKER their true and lawful Attorney(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 1st day of November, 2005. {Jf~:~~ ~ 0-T~ );) \~ ~~ f; ~ d~~g~~1 -- cJ /;/~~~~i~ < (/~/"l'O~"~ <, Ii 1Ii/,,o ~ ," '\ (~i SEAL _[~, H .J",~ ~f~-:' '\:",~(/~"" ,'~+,// . >.:;f' '~,'~~!' ,',' '" /' INSURANCE COMPANY OF THE WEST EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY Jeffrey D. Sweeney, Assistant Secretary John L. Hannum, Executive Vice President State of California County of San Diego On November], 2005, before me, Francis Fafaul, Notary Public, personally appeared John L. Hannum and Jeffrey D. Sweeney, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. } ss. Witness my hand and official seal. FRANCIS FAFAUL t COMM. #1471704 B NOTARY PUBLIC..cAlJFOANlA SAN DIeGO ar My Comm'..~ FEBRUARY D. .' Francis Fafaul, Notary Public RESOLUTIONS This Power of Attorney is granted and is sil:,'ned, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: TI1at the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attorney(s)-in-Fact to date, execute, sign, seal, and deli ver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if lnanually affixed. The facsimile representations rettmed to herein may be affixed by stamping, printing, typing, or photocopying. " CERTIFICATE I, the undersigned, Assistant Secretary of msurance Company of the West, Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in fl.ill force. IN WITNESS WHEREOF, I have set my hand this day of DEe 2 2 2008 j, ~~,,/rT vt:~~?J ~/ - /t' '" ,_ ____ l._ < (' ''-.. Jeffrey D. Sweeney, Assistant Secretary To verify the authenticity ofthis Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, /1455 EI Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400, , . IMPORTANT NOTiCS To obtain information or make a complaint: 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: P.O. Box 149104 Austin, Texas 79714-9104 FAX No. (512) 475-1771 Premium or Claim Disputes: Should you have a dispute concerning your premium or a claim you should contad the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLlCY: This notice is for information only and does not become a part or condition of the attached document. I.C.w. Group 11455 EI Camino Real San Diego, CA 92130-2045 P.O. Box 85563 San Diego. CA 92186-5563 1-800-877-1111 ~c.w_GROJ.lE ACORDN CERTIFICATE OF LIABILITY INSURANCE OP 10 L9 DATE (MM/DD/YYYY) RLUTI 2 12/22/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Alliance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1776 Yorktown, #200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Houston TX 77056 Phone: 713-966-1776 Fax: 713-966-1700 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Bituminous Casua1tv 20095 INSURER B: RSUI Indemnity Co 22314 R.L. Utilities, Inc. INSURER c: - P.O. Box 1154 INSURER 0: La Porte TX 77572-1154 -- 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, LTR NSR[ POLICY NUMBER PD~,;!~1Jl4fJIft~~E POLICYI~*PIRATlgN LIMITS TYPE OF INSURANCE DATE MM/DDIYY GENERAL LIABILITY EACH OCCURRENCE $ 1000000 I-- A X X COMMERCIAL GENERAL LIABILITY CLP3230260 07/01/06 07/01/07 PREMISES (Ea occurence) $ 100000 ~tJ CLAIMS MADE [!J OCCUR MED EXP (Anyone person) $ 5000 PERSONAL & ADV INJURY $ 1000000 ----' GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $2000000 I !xl PRO- n POLICY X JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - $1,000,000 A ~ ANY AUTO CAP3506283 07/01/06 07/01/07 (Ea accident) _ ALL OWNED AUTOS BODILY INJURY $ _ SCHEDULED AUTOS (Per person) ~ HIRED AUTOS BODILY INJURY $ ~ NON-OWNED AUTOS (Per accident) - PROPERTY DAMAGE $ (Per accident) WC3230261 07/01/06 07/01/07 AUTO ONLY - EA ACCIDENT~$ _____ OTHER THAN EA ACc,___ $ AUTO ONLY: . --- AGG $ EACH OCCURRENCE $ 2, 000, 000 __ AGGREGATE $2,000,000 Excess $ $ $ X ITOR'v"~I~:~S I IUE~- E,L, EACH ACCIDENT $ 1000000 EL DISEASE - EA EMPLOYEE $ 1000000 EL DISEASE - POLICY LIMIT $ 1000000 - GARAGE LIABILITY ~ ANY AUTO EXCESs/UMBRELLA LIABILITY B ~ OCCUR D CLAIMS MADE I DEDUCTIBLE I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY A ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ~~~~I~tS~~~v~g?6NS below OTHER NHA035564 07/01/06 07/01/07 A Contractors Equip CLP3230260 07/01/06 07/01/07 All Risk DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re:CLP Project #2005-7301 Lift Station No.40 Force Main Replacement. Additional Insured (except WC) & Waiver of Subrogation in favor of the of LaPorte, as required by written contract. Leased/ Rented $200,000 Per Item City City of Laporte 2963 N. 23rd St Laporte TX 77571 CANCELLATION CITY -11 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AU I ED R R SENTATIV CERTIFICATE HOLDER ACORD 25 (2001/08) 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. ACORD 25 (2001/08) GENERAL CONDITIONS CLP Project No. 2005-7301 .... ) This doCument has important legal consequences; consultation with an attorney is encouraged with respect to its use or. . modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGlNEERS JOINT CONI'RACT DOCUMENTS CO~ and ~: Issued and Published Jointly By _NatIOnal,socletY 01 . Prof.sslonal Engineers AM ER I CAN CON S U L TIN G I'rDIIGIlInl Enf/ll.."'" PdrII" ",.t:II" ENGINEERS, COUNCIL PROFESSIONAL ENGINEERS IN PRlV ATE PRACTICE a practice division of 1M NATIONAL SOCffiTY OF PROFESSIONAL ENGINEERS .. AMERICAN SOCIETY OF CML ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL . AMERICAN sotmTY OF CIVIL ENGINEERS This document has been approved and endorsed by The ASsociated Gencra1 T CODttac1OrS of America Construction Specifications Institute ~~ These General Conditions have been prepared for use with the Owner-Contractor Agreements (No. 1910-S-A-l or 1910- S-A-2) (1996 Editions). Their provisions are iD.terrelatcd and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the E1CDC 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). E1CDC No. 1910-8 (1996 Edition) .... TABLE OF CONTENTS ) 'fAG ARTICLE 1 - DEFINITIONS AND TERMINOLOGY . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . 00700 - 6 1.01 Defined Terms ................................................................................................ 00700 - 6 1.02 Term.inology .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 00700 - 8 ARTIC~ 2 - pRELiMINARY MA TIERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 9 2.01 D~livt!ry of Bonds ....0........................................................'......... .... .. .. .. .. .. .. .. .. .. .. .. 00700 - 9 2.02 Copies of DocumenJs .......................... 0 . : . . . . . . ... ... . 0 . . . . . . 00700 - 9 2.03 Commencemenl of CQntract Times; Notice to Proceed .......................... 00700 - 9 2.04- Stll1'1in.g "the Wolt ................................................................................................ 00700 - 9 2.05 Befon Starting Construction ~.... 0 . . . . . . . . . . . . . 0 . . 0 . . . . . . . . . . . 0 . . . . 0 . . 00700 - 9 2.06 Prt!construcdon Conference . 0 . . . 0 . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . : 00700 - 10 2.07 Initial Acceptance of Schedules 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 10 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ......... ~ . . . .. . . . .. 00700 - 10 3.01 Inlt!.1lt.. .. .. .. .. .. .. .. .. .. ..... .. .. .. .. ~ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .-.. .. .. .. .. . .. .. .. .. ; .. : . .. .. .. .. .. .. 00700 - 010 3.02 Referenct! ~ ............................................................................................ 007~ - 10 3.03 ReportingantlResolvingDiscrepancies. ............. ~..................... 00700-11 3.04 Amending and Supplementing Contract Documents .......................'...:. 00700 - 11 3.05 Reuse of DOCII17U!nts.. . . . . . . . . . . . . . . . . . . . . . . . .'. . . . . . . . . . . . . . . . . . . . . . 00700 - 11 ARTICLB4 - AVAILABILITY OF"LANDS; SUBSURFACE AND PHYSICAL CQNDmONS; REFERENCE POIN'TS ...................... '. . . . . . .~. . . . ~ . . . . . .'.-. . . . . 00700 - 11 ) 4.01 Avaifobility of Lands ................ 0 . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . 00700 - 11 4.02 Subsurface and Physical Conditions. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . 00700 - 12 4.03 Differing Subsuiface or Physical Conditions. . no. . . . n . . . . . . . . . . . . . . . . . . . . . 00700 - 12 4.04 .UndJ!rgrowrd Facilities ... . . . . . . . . 0 . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . 00700 - 13 4.05 Reference Points.... '.' . .... . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 13 4.06 Hti:QlTdous Environmimial COndition at Site. '0. . . . 0 . ~ 0 . . . . . . .. . . . . 0 .... . . . '. . 0070Q - 14 ARTICI...B 5 - BONDS AND INSURANCE . . . . . . . . . . . . . . . . . . . ~ 0 . . . . . . . . . . . . . . . . . . . . . . 00700 - 15 5.01 - Peiformance, Payment, and Other Bonds ........................ 0 .. . . . . . . 00700 - 15 5.02 Lict!1lSed Sureties and In.surers ............ 0 0 . . . . . 0 . . . . . . . . 0 . . ~ . . . . . . . . 00700 - IS 5.03 CeT1ificates of 1nsurqnce .;..................................;...... 0 00700 - 15 5.04 CONTRA.CTOR's Liclbility Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00100 - IS 5.05 O"WNER's Liability Insurance. '.' . . . . . . . . . . 0 . 0 . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 16 5.06' Prop~~ InslllflllCe ~:". .<~ . . . . . . . .. . . . . . . . . . -. .-. . . . . . . . . . .'. . . . . . . . . .. . . . . 00700 - 16 5.07. Waiver of Rights ......... . . . . . . .. .. ... . .'. . . 0 . . . . . . . . . . . . . . . . ...; ~ '. 00700 - 17 5.08 Receipt and Application of Insurance Proceeds . . . . . . . . . . . . . . . . . . . . . . . '. .. . . . . 00700 - 18 5.09. Acceptance of Bonds and Insurance; Option to Replace ........ 0 . . . . . . . . . . . . . . . 00700 - 18 5.10 Partial Utilization, Acknowledgment of Property Insurer. . . . .. . . 0 . . . . . . . . . . . . . . . 00700 - 18 ARTICLE 6 - CONTRACTOR'S RBSPONSmILITIBS ...... o. . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . 00700 - 18 6.01 Supervision ani! Superintendence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 0 . . . . . . . . 00700 - 18 6.02 . ~OT,' Working HOUTS ................................. " . . . . . . . . . . . 00700 - 19 6.03 Services, Materials, and Equipment . . , . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . 00700 - 19 6.04 Progress Schedule .. 0 . . 0 . . 0 . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 19 6.05 .Substitutes and .Or-Equals" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . : 00700 - 19. 6.06 Concerning Subcontractors. Suppliers, and Others. . . . . . . . . . . . 0 . 0 . . . . . . . . .. . . 0 00700 - 20 6.07 Patent Fees and Royalties ........................................... 00700 - 21 6.08 Permits. . . . . . . . . . . . . . . '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . 00700 - 21 6.09 lAws and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . 00700 - 22 6.10 Tares. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -. . . . . . 00700 - 22 6.11 Use of Site and Other Areas . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . 00700 - 22 6.12 Record DOCllme1JtS- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . 00700 - 22 6.13 Sqfety and Protection ..... 0 . . . . . . . . . . . . . . . . . . . . .. . 0.' . . . . . . . . . . . . . . . 00700 - 23 6.14 Sqfety Representative .......................................... 0 . . . 00700 - 23 6.15 Hazard Communication Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 23 .... 13.07 Corrt!ctiQn Period. ............................... o' . . . . . . . . . . . . . . . . 00700 - 35 --\ 13.08 Acceptance of Defective Wort . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . 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 14.0~ Progress Payments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . 00700 - 37 14.03 CONTRACTOR's Warranty of Title .............. . . . . . . . . . . . . . . . . . . . . . . . 00700 - 38 14.04 Substantial Completion ...................... . . . . . . . . . . . . . . . . . . . . . '. . 00700 - 38 : 14.05 Partial Utilization ........... I . . . . . . . . . . . . . . . . . . . . . . . . . . .. ~ . . . . . . . . 00700 - 39 14.06 Fin4l1nspection .................................................. 00700 - 39 14.07 Final Paymetlt . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . .; . . . . . . . . . . . . .'. . . 00700 - 39 14.08 Final Completion Delayed . . . . . . . . . . . . ~'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 40 14.09. Waiver of Claims . . . . . " 11/ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 . . . . . . .. 00700 - 40 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION... .. . .. . . . . . . . . . . . . . . . ... . . . 00700 - 40 15.01 O'WNER. May Suspend Wort. . . . . . . . . . . . . . . . . . . . . . . . . . . : . ; . . . . . . . . . . . . 00700 - 40 15.02 OWNER May Terminate Jor Cause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 40 15.03 OWNER May Terminate For Convenience . . . . . . .. . . . . . . . . . . . . . . . . . ~ . . . . . . '. . 00700 - 41 15.04 CONTRACTOR May Stop Work or Terminate. ; . .'. . . . . . . . . . . . . . . . . . . . . . . . . . . '00700.-.41 ARTICLE 16 - DISPUTE RESOLUTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 41 16.01 Methods aitd Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..; . . . . . . . 00700 - 41 ARTICLE 17 - MISCEU.ANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 42 17.01 Giving Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . 00700 - 42 17.02 CoTllputation of'I'imes . . . .. . . . e. .. . . . .. . . .. . .. . . . . . . . . . . . . . . . . . . .-. . . 00700 - 42 17.03 Q.unulaIivt! Remedies ....................... . . . . ; . . . . . . . . . . . . . . . .. . 00700 - 42 17.04 Survival of Obligations ............................. . . . . . . . . . . . . . . . . . 00700 - 42 17.05 Contrplling Law .................................................. 00700 - 42 ,. 00700 - 5 ':-1 ~. '$ , "" 16. Cost of the Work-See paragraph 11.01.A for definition. 17 . Drawings-That part of the Contract Documents prepared or approved by ENGINEER which graphically shows the scope, extent, and character of the Work to be performed by CONTRACTOR. , Shop Drawings and other CONTRACTOR submittals are not Drawings as so defined. 18. Effective Date of the Agreement-Tbe date indicated in the Agreement on which it becomes effective, but if no such date is indicated~ 'it 'means 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~en!. 20. ENGINEER', Consultant-An individual or entity having a contract with ENOIMmR to furnish services as BNGlNBER.'s independent professional assoCiate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. ~') 21. Field Order-A written order issued by ENGI- NEER which requires minor changes in the Work but which does not invol.:ve a change in the Contract Price or tliC"ContractTunes. . 22. General Requirements-Sections of Division 1 of the Specifications. The General Requirements pertain to all septions of the Specifications. 23. Hazardous Environmental Condition-The presence at the Site of Asbestos~ PCBs. Petroleum. HBzardous Waste, or Radioactive Material, in such quantities or circumstances that may present a substantial danger. to persons or property exposed thereto in connection with the Work. 24. Ba:t.ardous Waste-The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as Amended from time to time. - 2S. Laws and Regulations,' Laws or Regulations-Any and all applicable laws, rolea. regulations" ordinances, codes, and orders of any and all governmental bodies, agencies,. authoriti~, and courts having jurisdiction. 26. Liens-CbMges, security interests, or encumbrances upon Project funds. real property, or personal property. 00700 - 7 27. Milestone-A principal event specified in the Contract Documents relating to an intermediate comple- tion date or time prior to Substantial Completion of all the Work. 28. Notice of Award-The written notice by OWNER to the apparent successful bidder stating that upon timely compliance by the apparent successful bidder with the " conditions precedent listed therein, OWNER wUl sign and deliver the Agreement. 29. Notice .to Proceed-A written notice given by OWNER. to CONTRACTOR fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shaU.start to perform the Work under the Contract Documents. 30. OlW\1ER-The individual, entity, public body, or authority with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be performed. 31. Partial Utilization~Use by OWNER. of a substan- tially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 32. PCBs-Polychlorinated biphenyls. 33. Petroleum-Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pOunds per square inch absolute), such as oil, petroleum,' fuel on, on sludge, on refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 34. Project-The total construction of which the Work to be' performed under the Contract Documents may be the. whole, or a part as may be. indicated elsewhere in the Contract Documents. 35. Project Manual-The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of co~ts. 36. Radioactive Material-Source. special nuclear,or byproduct material as defmed by the Atomic Energy Act of 1954 (42 use Section 2011 et seq.) as amended from time to time. 37. Resid.enl Project Representative-The authorized representative of ENGINEER who may be assigned to the Site or any part thereof. .... use of any such term or adjective shall not be effective to assign to 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 such Bonds as CONTRACTOR may be required to furnish. 1. The word "day" shall constitute a calendar day of 24 hours measured from midnight to the next midnight. 2.02 Copies of Documents, C. Defective 1. The word "defective, II 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 reeommendation 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, Install, Perform, Provide -:1. The word "fut1iish," when uSed In connection with services, materials, or equipment, shall mean to supply and deliver said services, lI1;lterials, or equipment , to the Site (or SOble other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shali. mean to put into use or place in final position said' services, materials, or equipment complete ~'ready for intended USe. I 3. The words .perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipmC?nt complete and ready for intended use. 4. When "furnish," "install," "perform," or "pro- vide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of CONTRACTOR, "provide" 'is implied. B. Unless stated otherwise in the Contract Documents, words or phrases which have a well-known technical or , construction industry or trade meaning are used in the Contract Documents in accordance with such recognized me~. 00700 - 9 A. OWNER shall furnish to CONTRACTOR up to ten copies of the Contract Documents. Additionai copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract 'limes; Notice to Proceed A. The. Contract Times 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 ev~t will the Contract Times commence to roD later than the sixtieth day after the day of Bid opening or the thirtieth day after,the Effective Date ofthc Agreement, whichever date is earlier. 2.04 Starting the Worlc .'. . . ,\ A. CONTRACTOR shall start to perform the Work on the date when the Contract Trines commence to run. No ,Work shall be done at the Site prior to the date on which the Contract Tunes commence to ron. 2.05 Before Starting Construction A. ,CON'rRACI'OR's Review 01 ContraCt DoCuments: Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and. verify pertinent figures therein arid all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected t:hCreby; hoWever, CONTRACTOR shaI1 not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity, or discrepancy in the Contract DocUments unless CONTRACTOR knew or reasonably should have known thereof. B~ Preliminary Schedules: Within ten days after the Effective Date of the Agreement (unless otherwise specified t i> ;.: . ~ .... except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual or code, or any instruction of a Supplier shall be effective to change the duties or responsibilities of OWNER, CONTRACTOR, or ENGINEER, or arty of their sUbcontractors, consultants, agents, or employees from those set forth in the Contract Documents, nor shall any such provision or instroction be effective to assign to OWNER, ENGINEER, or any of ENGINEER's Consultants, agents, or employees any duty or authority to supervise or direct the performance of ~ 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 discrepancy within the Contract Documents or between the Contract Documents and any provision of my Law or ReguIation applicable to the performance of the Work or of any standatd, spce~eationt-'manual or code, or of any instruction Qfany SUpplier, CONTRACTOR shall report it to :ENGINJmR. in writing at once. CONTRACTOR sball not proceCd with the Work affected thereby (except in an emergency as required by paragraph 6.16.A) until an amendment or supplement to the Contract Documents has. been issued by one of the methods indicated in paragraph 3.04; provided, however, that CONTRACTOR sbaIl not be liable to OWNER or ENGINEER. for failute to report any such conflict, error, ambiguity, or dis- crepancy unless CONTRACTOR Icnew or reasonably should have known thereof. B. Resolving Discrepancies 1. .Bxcept as may be otherwise specifically stated in the Co~ Documents, the provisions of t;he Contract . DocUments sbaIl 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 such. an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 00700 - 11 3.04 Amending and Supplementing Contract Documents 'A. The Contract Documents may be amended to provide for additions, deletions, and revisions in. the Work or to modify the terms and conditions thereof in one or more of the following ways: (i) a Written Amendment; (ii) a Change Order; or (Hi) a Work Change Directive. B. The requirements of the Contract Dociunents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: (i) a Field Order; (ii) ENGINEER's approval of a Shop Drawing or Sample; or (ill) ENGINEER's written interpretation or clarification. ' 3.05 Reuse o/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 thereof) prepared by or beBL-mg the seal of ENGINEER or ENGINEER's ConsUltant, including electronic media editions; and (ii) shall not reuse any of such Drawings, Specifications, other documents, or .copies thereof on . extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaption by : ENGINEER.. This' prohibition will survive final paymeilt.., completion, and acceptance of the Work, or termination or completion of the Contract. Nothing herein shall preclude CONTRACTOR from retaining copies of the Contract Documents for record purposes. ARTICLE 4 - A V AJLABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDmONS; REFERENCE POINTS 4.01 Availability ojlAnds A. OWNER shall furnish the Site. OWNER shall notify CONTRACTOR of-any encumbrances or restrictions not of general :lq)plication but specifically related to use of the Site ~- , with which CONlRACTOR must comply in performing the . . Work. ':OWNER will obtain in a timely manner anCl pay'for . easements for permanent structures or pennanent changes in existing facilities. If CONTRACTOR and OWNER are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in . OWNER's furnishing the Site, CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. CO> 2. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. 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 Times by the'submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been disco~red or revealed as a re~t of any examination. ihVt;Stigation. '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- TRACTOR prior to CONTRACTOR's making such final commitment; or . . ' ., -:... :. 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 Times. or both. a Claim may. .be made therefor as provided in. paragraph 10.0S. However, OWNER. "E~G~"aqd. ENGINEER's .Consultants shaH not be liable to CONTRACTOR for any claims, costs, losses. or ~;fq1CID;djng:but not limited to all fees and charges of engineers, architects. attorneYs, and other professionals and an court or arbitration or other dispute" resolution cOsts) 'sustained by CONTRACTOR on or in connection with any other project or anticipate~ projel?t. , 4.04 Underground Facilities A. Shuwn. or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and. data furnished 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 Conditions: 10 OWNER and ENGINEER: shall not be responsible for the accuracy or completeness of any such information or data; and 2. the cost of all of the following will be in.cluded in the Contract Price, and CONTRACTOR shall have full responsibility for: a. reviewing and checking all such information and data. 00700 - 13 b. locating all Underground Facilities shown or indicated in the Contract Documents, c. coordination of the Work with. the owners of such Underground Facilities, including OWNER, during construction, and d. the safety and protection of all such Under- ground Facilities and repairing any damage thereto " resulting from the Work. . "B. 'Not Shown or Indicated I. " If an Underground Facility is uncovered or revealed at or contiguouS to the Site which was not shown or indicated. or not shown or indicated with reasonable accuracy in the Contract Documents. CONTRACTOR sbaU;.promptIy 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 owner of such Underground Facility and. give written notice to that owner and, to OWNER and ENGINEER. ENGINEER will promptly review the" Underground Facility and determine the extent, if any, to which a change is" required in the Contract" DoCuments to reflect and document the consequences of the .eXistence or . . .,locatioIl,of the Underground Facility. During such time,. . :.\ 'CONTRACTOR shall be responsible for the safety and ::. ...., p.ro~tioa.ofsucl1 Underground Facility. . ~ ':~::";:;,,,:";':'. .,.. 2. If ENGINEER concludes that a change in the Contract Documents is required, a WOrk Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment sba11 be made in the Contract Price of Contract Times, or both, to the extent" that they are attributable to the e~tence or location of any Underground. Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and 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 are unable to agree on entitlement to or on the amount or extent, if any. of any such adjustment in Contract Price or Contract Times, OWNER or CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. 4.05 Reference Points A. OWNER shall provide engineering surveyS" to establish reference points for . construction which in ENGINEER's judgment are necessaxy to enable CON- TRACTOR to proceed with. the Work. CONTRACTOR shaIl be responsible for laying out the Work, shall protect and preserve the established reference points and property ....A,. i .,. 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 harmless OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, parttlers, employees, agents, other consuitants, and subcontractors of each and any of them from and againSt all claims, costs, losses, and damages (including 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 a Hazardous Environmental Condition created 'by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing 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 arc not ~nded to apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 - BONDS AND INSURANCE ,5.01 PerfornilZllce,' l'/iyment, and Other Bonds . "..' ;'....:.. ...."". .... A. CONlRACTOR shall furnish performance and payment Bonds; each in an amount at least equal to the Contract Price as security for the faithful performance' and payment of all CONTRACTOR's, obligations under the Contract Documents. These Bonds Shall reinain in effect at least until one ,year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR' shall also furnish such other Bonds as are required by the Contract Documents. B. A1! Bonds shall be in,the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as arc named in the current list of "Companies Holding Certificates of Authority as Acceptable.:Suretieson Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular S70 (amended)'by the Fmancial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. . ~ . C. If the surety on any Bond furnished by CON- TRACTOR is declared bankrupt or becomes insolvent or its .. ~ to do business is terminated in any state where any part 'CJf!he. Project is located or it ceases to meet the requirements 00700 - 15 -.... ; ,:',:'j',:;.". of paragraph 5.01.B, CONTRACTOR shall within 20 days thereafter substitute another Bond and surety, both of which shall comply with the requirements of paragraphs 5.0 I.B and 5.02. 5.02 Licensed Sureties and Insurers A. All BDnds and insurance required by the Contract ~ Documents to be purchased and maintained by OWNER or 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 or insurance policies for the limits and coverages so required. Such surety and insurance companies sJiaIJ. also meet such additional requirements aDd qualifications as may be provided in the Supplementary Conditions. 5.03 . certificates pI Insurance A. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supple- mentary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is reqiIired to purchase and maintain. OWNER shall deliver to CONTRACTOR, with copies to each additional insured identified in the Supplenientary COfiditioDS" certificates of insurance (and other evidence of instlrance requested by CONTRACTOR. or: any other additional insured) which OWNER is required.fa purchase and JPaintllin. 5.04 CONTRA crOR's Liability Insurance A. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection ftom claims set forth below which may arise out of or result from CONTRACTOR's performance of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed. by CONTRACTOR, any Subcontractor or Supplier, or by anyolie directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose aCts any of them may be liable: 1. claims.. under workers' compensation, disability benefits, and other sitnilar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; .... ...\ 4. cover materials and equipment stored at the Site or at another location that w~ agreed to in writing by OWNER prior to ~~ ~oq)qJ.:ated in. the Work, provided that such materials ~d equipment have been included in an Application for Payment recommended by ENGIN:EER; 5. allow for partial utilization of the Work by OWNER; 6. include testing and starttip; and 7. be maintained 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. . f. ~. B. OWNER shall.purchase md maintairi. SQCh boner and J11ltChirlery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests 'of OWNER, CONTRACTOR. Su}:)Contractors. ENGINEER. ENGINEER.s Consultants, and any other individuals or tmtities identified in the Supplementary Conditions. each of whom is deemed to have an insurable interest and shall be listed as an insured or a.Qditional insured. C. All, the policies of insurancc{~the certificates or . other ,evidence thereof) required:tQ.: J?c . ,p~ased and maintained in accordance with paragraph 5.b6 will contain a provision or endorsement $at the coverage afforded wiD not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to OWNER arid CONTRACTOR and to each other additional insured to whom a Certificate of insurance has been issued and wiD contain waiver provisions in accordance with paragraph 5.07. D. OWNER shall not be respons.ible for purchasing and maintaining any p~rty insurance specified.'in this paragraph 5.06 to protect the in~rests of CONTRACTOR. SubcoQ.tractors, or others in the Work to. the extent of any dCd~tible amounts that are id~tified in the Supplementary Cnnnitious. The risk of loss within such jdentified deductible llIQ.OUDt will be borne by CONTRACTOR. Su~ntractofS. Of othe~ sqffering any such loss, and if any of them wishes pfoperty bisurance coverage within the limits' of such ~01qlts. each may purchase and mltintJlln it at the ~ui:chasCl'S own expense. '. . S: If CONTRACTOR requests in writing 'that other $J'.~ insurance be included in the property insurance ~. JiRti~ies. ~~d under paragraph 5.06. OWNER .shall, if MiW;J~ . such insurance. and the cost thereof will be t: .~fjd to CONTRACTOR by appropriate Change Order or (1;.. W.nttcl1 Amendment. Prior to commencement of the Work ~; 00700 -17 at the Site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has beell procured by OWNER. 5.07 Waiver of Rights A. OWNER and CONTRACTOR intend that all policies purcbped in accordanc~ with paragraph 5.06..wiU PIO~t . OWNER. CONTRACTOR, Subcontractor.s. ENGlN'a.ER, ENGINEER's Consultants. and, all. other individuals or entiti~ identified in the Suppfementary Conditions to ~ listed as insureds or additional msJlI'eds' (and the offic.e~. directors. partners, employees, agents. and other consultants and subcontractors of each and any of them) in SlJCh policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such po~ shall contain provisions to the eff'~i that in the event of plyment of any loss qr 48m.ge the ~rs wiI1 have no rights of recovery against any of the ~ qr ~tional insureds thereunder. OWNER aneJ,.CONTRAC- TOR. waive aU rights against each other and their rCspective officers, directors. partners. employees. agents. and other. consultants and subcontractors of eaCh and any of tlU=~ for aJI.losses and damages caused by. arising out of or resulting from any of the perils or causes of loss C(.!vcI'!;d. by $UCh palicie~ IQ1(l any other property insurance app~ to ~ Work; and, in additiQP-, wPivo .aJt.JucQ.'rjjbss'. ,giWt, - SUtiCOiUiiCkits, ENGINEER. JDtQ~B'R's ~~ and all other individuals or entiti~ .~dentified ii1 the Supplemen- tary Conditions to be 1iste4 ~.~..or a.dtntioW in$w:eds (and the officers, directors, partnerS,' employees, ~ms, and other consultants ~ subconftaciors of eacli.and mly of'them) . undCr such policies for losses and damages so caU$cd. None of the above waivers shall extend to thC iightS that iiJy p~ matringsuch waiver may have to the proceeds of insurance held by OWNER. as trustee or otherwise payable Under any policy so issued. B. OWNER waive~ all rights ~t CONTRACTOR. SUbconttactors, ENGINEER, ENGINEER.s Consultants. and dIe officers, ~, partners, emploYees. agents, and oilier consultants and subcontractors of each and any of them for: 1. loss due to JJusiness interruption, loss of use, or other comequcotia110ss ~ending beyond direct physical ,lo~s or damage to OWNER.s property or the Wo~~. . Caused DY. arising out of, or resulting from fire or other peril whether or not ins~d by OWNER; and 2; loss or damage to the completed PrOject or part thereof caused by, arising out of. or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by OWNBR. during partial utilization pursuant to paragraph 14.05, after Substantial Completion ..,. 6.02 ~; .Working Hours . t:~ . , A. C "'~''':'.' :CTOR shall provide. competent, suitably qualified .....: I to survey, layout, and construct the Work as' ....d by ~e Coo:tract Docum~ts. CON- TRACT .' at all times maintain good discip~ and order at :.-~' 'i{5.:r:., . . B. Ex~' ~ otherwi~ ~quircd for the safet.>' or protection' '~!.Sons or the Work or property .at .the Site or adjacent .. :~ .~d exc~t as o~ !)tated in the Contract . . , all WOrk at the Site shall be performed during Ie .. hours, and CONTRACTOR will not permit , . work or the perfo~ce of Work on Saturday, y.~ or any l~ga1 h!>liday without OWNER's . written {which will not be unreasonably. withh~d) .. ...., pven r writteD notice to BNGINBBR.: .....: '.',': . 6.03 Se#llts~. Materials, and Equipment -,;r-.t. . A. Un1e~ otherwise specified in the General Rc- quiremCn~J~ON'fRACroR ~ provide andassumC full resPODSl. ibiiz~fSi'llU services, materials. . eqw. 'p..me.nt..labor, transporta4~ ~on equipment and machinery, tools, appliaDces~l, power. light, heat, telephone, water. sanitary t'aciUti'es; tempomy facilities. and all other facilities '. - .,and iDc~ ~sary for the performance. .'~~' t '....l..ilart-vP, ~;...~'tiQnof~ Work:" q.~,..\.. . ., . __'. t ~."" .. . '-. . ~. ......._ ..........~. .... , ...._... d. fO ...:.. - '_ . " B. AlI~iWS' arid. e . ent . incorporated into. the Work shai(f{i~ specified ~~ not specified, . Shall be of' good . '. ~.~w, except as otherwise provided. in the Contract . . . All warranties and. guarantees SPCCifica1l. r~.' eCP.b ,r by tho e spec. '.. ifi.. C~. 'oDs.. shall.. express.I.Y. run to the~. t of OWNER.. If required by ENGINEER, CONTRA.' . ~ 1Umish$atisfactory . cviClcnce . (including . ~. of re'qWied tests) 'as .tothe' source,kind, and quality. . ... .. and equipment. All materials and equipment _ :bc stored. applied,. installed. connected. erected,.. ~.'. ': .' us~. Cleaned... '. and... co. ndi....tioncd. in accontancC ;~th instructions of the applicable. Supplier, except as o~e may be provided in the Contract Docu- ments. " ~ 6.04 ~'Sdredule ".:: :' . :4i;:. A. c.. .... CTOR shall adhere to'the progress schedule estab1isbe..~'. ~cr.g.~e with paragraph 2.07 as it may be adjusted 1hi1e to time as provided below. . "' 1..0:: ~. . I. .' '~CTOR shall submit to ENGINEER for, accep - .' ~:" .. ~ extent indicated. in paragraph 2.07) propos ;: fments in the progress schedule. that will not . . ..:. ging the Contract Times (or Milestones). Such a ., ts.will conform generally to the progress schedul. '. m effect and additionally will comply with '. ~ .... M7M _ 10 any provisions of the General Requirements applicable ~rero. . 2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall ~ submitted in accordance with the requirements of. Article 12. Such adjustments may only be made by a . Oumgc Order or Written Amendment in accordance with . Article 12. . .... . 6.05 .:' 'kubstitutes and "Or-Equals- ..' - A. Whenever an item of material or equipment is specified or described in the Contract Documents ~. using the name of a proprietary item or the name of a particular Supplier, 'the. specification or description is. intended to establish the type, function, appeatarice, and qUality required. Unless the specification or description coittains or is followed bywords!C~tbatno like, equivalent, or "or-equm- item or nO substitution is pcmrliicd, other items. of. material or equipment or material or equipmeniof othe1" Suppli~ may be submitted-to ~GINEER for review under the cirCum- stances described below. 10 MOr-Equal-Items: If in ~GINEER's sole discretion an ite.ln. of material or equipment proposed by CONTRACTOR.is functionally e~. to that named and wfficiCntly Sbni1ar so that iio dwJgC.fn related .Work will be niquired,. it maybe considere~ by' mronffiER as an .Qr-equaltl item,in which case review and. approval of the proposed iterD. may, in ENGINEER's sole discretion, bcaccom.p1ished without coxnp1iance.With s(une or all of the. .requirements for. approval of pl'Op()sed substitute . items. For the purposes of this paragraph 6.0S.A.I. a proposed item of .material or equipment. will be cons~d fancti~. e~ ro.~ item ~o named if: a. in thecXcrcise of reasonable _ judgment ENGINEER determines'that: . (i). it is. at ICastequal in quality, durability, appearance. strength. arid design characteristics; (ii) it. will reliably perform at least equally we1lthe function imposed by.. the design concept of the completed' Project. as a functioning whole, and; b. CONTRACTOR certifies that: (i) there is no increase in cost to the OWNER; and (ll) it will conform substantially, even with deviations, to the detailed requirements of the item named in the . Contract Documents. 2. Substitute Items a. If in ENGINEER's sole discretion an item of material or eqUipment proposed by CONTRACTOR does not qualify as an .or-equal" item under .... t ..~ D. CONTRACTOR shall be solely responsible for scheduIing and coordinating the Work of Subcontractors, Suppliers, and other .individuals or entities performing or . furnishing any of the Work under a direct or indirect contract with CONTRACTOR. E. CONTRACTOR shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with ENGI- NEER through CONTRACTOR. F. The divisions and sections of the Specifications and the identifications of any Drawings shall .not control CONTRACTOR, in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any 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 Pennits A. . Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction permitS and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits 00700 _ '-1 ... , Change Directives. Field Orders. and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be 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 Prote~tio..n .' A. CONTRACTOR shaIl be soiely responsible for initiating. maintaining and supervising 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 Dr off the Site; and ):. - ,. 3. - other property at the Site or adjacent thereto. including - trees. . shrubs. lawns. walks. pavements, roadways, stmctui'eS. utilities, and Underground Facilities not designated for remoVal; reld(:ation, or replacement in the course of construction. ) B. CONTRACTOR shall comply with all applicable Laws and Regulations relating to the safety. of persODS or property, or to the protection of perSons or property from damage. injury, or loss; and shall erect and ~tain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work.may affect them, and shall cooperate with them ii1 the protection, removal, relocation, and replacement of their property. All damage, injury, or loss to any propel1y 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 any of them to perform any of the Work. or anyone for whose. acts any of them may be liable. shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's 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 Dr indirectly employed by any of them). CONTRACTOR's duties and fV'l7fV'l _ ,,':t responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER: and . CONTRACTOR in accordance with para~ph 14.07.B that the Work is acceptable (except as' otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. CONTRACTOR shall desigmi~. a qualified and experienced sueiy representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions. and programs. 6.15 Hazard Communication Programs' A. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard c.ommunlcation iilformation required to be made available to or exchanged between or among employers at the Site in accordance with Lmys or Regulations. 6.16 Emergencies A... In emergencies affecting the safety or protectiOD. of persons or the Work or property at the Site or adjacent :- thereto, CONTRACTOR is obligated to act to prevent threatened damage', injury, or loss. CONTRACTOR shalL give ENGINEER prompt written notice if CONlRACTOR believes that any significant changes in the Work ai- 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 ~le schedule of Shop Drawings. and Sample submittals. All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimen- sions, specified perfonnance and design criteria, materials, and similar data to show ENGINEER the services, material~, and equipment CONTRACTOR proposes to provide iUld to enable ENGINEER. to review the information for the limited purposes required by paragraph 6.17 .E. B. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample .... ) as permitted by paragraph 15.04 .or as OWNER and CONTRACTOR may otherwise agree in writing. 6.19 CONl'RACTOR's. General WaTTanty 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. CONTRACTOR's warranty and guaranteci hereUnder excludes. defects::or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than CONTRACTOR, Sub- contractors, Suppliers, or any other individual or entity for whom CONTRACTOR is responsible; or '.: . .; 2. n6mial wear and tear under normal usage. B. CONTRACTOR's obligation to perforJIl and complete the Work in accordance With the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documci1ts: ) : 1.. observations by' ENGINBBR;~ a../ 0.' ..~. . .,~ ....~ . I 2. reconn::nendation by ENGINEER or payment by OWNER of any progress or fInal payment; 3. the issuance of a certificate of Substantial Completion by ENGINEER or any paYment related thereto by OWNER.; , 4. use or occupancy of the Work or any part thereof by OWNER; 5. any accepta1ice by OWNER or any failure to do so; 6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptabn- ity by ENGINEER; 7. any inspection, test, or approval by others; or 8. any correction of defective Work by <?WNER. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regula- tions, CONTRACTOR. shall indemnify and hold harmless OWNER, ENGINEER~ ENGINEER's Consultants, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including 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 the performance of the Work, provided that any such claim, cost, loss, or damage: 1. is attributable to bodily injUIY, sickness, disease, Qr death, or to injury' tb Of destnlction of ~gibl~ ',':.Jproperty (other than the Work itse1f), 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 Subcontractor, any $Qpp1ier, or any individual or entity directly or indirectly, 7 employed by any of them to perfonn 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 he!eunder or whether liability is imposed upon such indcmnitiCd party by Laws and. Re~ati~ns. regardless of the negligence of my such individual or entity. B. 'In any and all claims against OWNER. or ENGINEER or.. any .of their respective consultants, agents, officers, directors~partDe1'Si or employees by any employee (or the survivor or pcrsonal..repreScD.tative of such employee), of " CONTRACTOR., . any.. SubFon~~tor, a,ny Sl1pplier, or any individual Or entity directly ol"indirCctly.employed by any of them to perform anY of the Work, or anyone for whose acts any of them may be liable. the indemirlfication obligation undCi paragraph 6.20.A shall not be limited in any way by any limitation on. the amount or type of damages, compensation, or benefits payable by or for CONTRACTOR or any such. Subcontractor, SuppUer, or other iJ:ldividual or entity under workers' cOmpensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of CONTRACTO~ under paragraph 6.20.A shal1 not extend to the liability of ENGINEER and ENGINEER's Consultants or to the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them arising out of: 1. the preparation or approval of, or the failure to prepare or approve, Dlaps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specificatio~; or 2. giving directions or instructions, or faUh1g to give them, if that is the primary cause of the injury or damage. A. ENGINEER will make visits to the Site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of CONTRACTOR.s .executed Work. Based on information obtained during such visits and observations, ENGINEER, fQr the benefit of oWNER. will determine, in.~; if the A. The OWNER shall not supervise, direct, or have Work is proccetfing in accordance with the Contract ~n~l._c:'~_~!horlty "over, nor be. res~le' f'clr, _!>~1Jf1~~~ ENg~._~llJ()t..~__~quired ~..J:D4c CONTRACTOR's~, methods, techniques. sequences, cxbaustivC oicontinuous inspections on the Site to check the ~...'-~'.~.' or-procedures.. Of. .CODStroction. ' or th. c.safcty pr..ec.auti.....OIlS'1lnd , quali........iY..o..r.quanti..... 'ty. Of..the WO. ck. E. NGINEBR. '. . '&.effo.rts. will ~ _ ..programs mci~ thereto, or for my ~urc .of GON-: bCdircctcdtoward.proriding for OWNER'a,greatcr degree " . TRACtOR to coIPP1y with Laws and RcgulatiOrii'appUCable - ofconfidcnce that th~. completed' 'Work Will 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 (lbservations. ENGINEER.. will keep OWNER Work in accordance with the Contr~ Document!. informed of the progress of the Work and willcndeavorto I' guard OWNER against defective Work. ... and tests of subsurface conditions and drawings of physical ) . conditions in or relating to existing surface or subsurface structures i.t or contiguous to the Site that have been utilized by ENGINEER in preparing the Contract Documents. 8.06 Insurance . ..l A. OWNER.s responsibilities, if any, in respect to pur- chasing and maintaining liability and property insurance are set forth in Article S. ,,) \ ' 8.07 Change Orders A. OWNER. is obligated to execute Change Orders as indicated in paragraph 10.03. ... .., ..:..:;~.: . . . ~; .~.;.. " -- 8.08 InspeCtions. Tests. and Approvals A. OWNER.s respoDSibility in respect to certain inspec- tions. tests, and approvals is set forth in paragraph 13.03.B. 8.09 Limitations on- OWNER's RespoMbiUties 8.10 Undisclosed HazarrloUJ Environmental Condition A. OWNER.s responsibility inrcspect to an undisclosed HazardOus EnvironmeJttal Condition is set forth in paragraph 4.06. 8.11 Evidence 01 Financial Arrangements A. It and to the extent' o\VNBR has. agreed to furnish CONTRACTOR . reasonable evidence that financial arrangements have been made to satisfy OWNER.s obligatiOns under the Contract Documents, OWNER's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ) ARTICLE 9 ~ ENGINEER'S STATUS DURING CONSTRUCTION 9.01 OWNER'S Representative A. ENGINEER will be OWNER's representative during the constructimi period. 'Ib.e duties and. responsibilities and the limitations of authority of ENGINEER as OWNER.s representative duib)g 'construction are set forth in the Contr8Ct DocIJl1'entB and will not be changed without written consent of OWNER and ENGINEER. 9.02 Visits to Site B. ENGINEER's visits and observations arc subject to aU the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.10, and particularly. but witho11t 1imitation. during or as a result of ENGINEER's visits or obscrvations. of CONTRACTOR's Work ENGINEER Will not supervise. direct.. control. or have authority over or be respOnsible for CONTRACTOR's means, methods. techniques, sequ~ces, or. procedures of cmistluction. or the safety precautiomand programs incident thereto. or for any fail1lre of CONTRACTOR to COJitply with Laws and Regulations applicable to the pcrfo~~ of the Work. . 9.03 Project Representative A. If OWNER and ENGINEER. agree, ENGINEER will furnish a Resident Project Repr~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 Conditions. If OWNER designates another """ , or responsibility or the undertaking, exercise, or performance of any authority or responsibility by ENG~ shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other individu~ or entity, or to any surety for or employee or agent of any of them. Directive, a Claim may be made therefor as provided in paragraph 10.05. . 10.02 Unauthorized Changes in the Wolt 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 re~ by have authority over or be responsible for CONTRACTOR's, ,,'the Contract Documents as 'amduled, modified, or means, '~ethods, techniques, sequences, or ,p~~cedures of ,.~pplem.ented as provided in paragrap1r 3.04, except ~ the '... . . ..... .. .. .. ~'f . . , construCtion, or the safety precautions and programs 1nCldent : case of an emergency as provided 1i1 paragraph 6.16 or m 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 performance of the Work. ENGINEER will not be responsible for 10.03 Execution. of Change Orders CONTRACTOR's failure to perform the Work in accordance , . with the Coiltract Documents. " . I-'::",C C. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Worle. A.. OWNER and CONTRACTOR shall execute '~ChaDge Orders rer.nmmended by ENGINEER {or , ,y,' . Written Amendments) covering: 1. changes in the Work which are: (i) ordered by OWNER pursuant to paragraph 10.01.A, (ii) required because of acceptance of defective Work under para-' graph 13.0S.Aor OWNER's correction of defective Work,under paragraph 13.09. or (ill) agreed'to by the parties; D. ENGINEER's review of the final Application for Payment and accompanying documentation and all mainte- nance and operating inStructions, schedules, guarantees, Bonds, certificates of inspection., tests and approvals, and oth.erdocUmen.tation required to be delivered by paragraph '.,' : '2; changes in the Contract Price or Contract.Times ' ''\'~ 14.07:A'1~ilfbtJY be to determine generally thaftheir cOntent' ~ !>-: ";"WCh are llgreed to by the parties~ mclUdiDg"<'aiIy '~; , ~ ' ..comp1ieS:~witii'~t:he requirements of, and inthe'case.oC',~" .':Undisputed sum or amount of time ror:Work'actUa1I:y":,~~ ':, certificates of .inspections, tests, and approvals that the results perfonned in accordance with a Work Change Directive; , certified itulli:ate compliance with,t1ie Contract Documents. and E. The limitations upon authority and responsibility set forth in this paragraph 9.10 shall also apply to ENGINEER's Consultants, Resident Project Representative, and ~sistants. ARtiCLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Agreement and without notice to any surety, OWNER. may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any, such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (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 nn,.,n" ,..,,.. 3. changes in the Contract Price or Contract Times which embody the substance of any written, decision rendeJri by ENGINEER pursuant to paragraPh 10.0S; provided .that. in lieu of executing any such Change Order, an appeal may be taken from any such decision m accordance with the provisions of" the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.18.A. 10.04 Notification to Sflrety A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to. Contract Price or Contract Times) 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 will be adjusted to reflect the effect of any such change. <c' , 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, \\'ill be acceptable. If any subcontract provides that the . Subcontractor is to be paid on the basis of Cost of the '. W~tk-plus a fee, the Subcontractor's Cost of the Work ,.. and 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 (mcluding but not limited to engineers, architects, testing laboratories, surveyors, attoinCyS'~ '. ~ accoi.Jntants) employed for services specifically related to the Work. s., Supplemental costs including the following: a. The proportion of necessaIy transportation. travel, and subsistence expenses, of CONTRACTOR's employees incurred in discharge of duties connected with the Work. , b. ' Cost. inclu4ing transportation andmainte- nance, af 'an :materials, Supplies, equipment, maChi1Jerji'lppiiaribes;"-effice, and temporary facili- ties at the Site, and hand tools not owned by the workers, which arecoJisumed in the performance of , the Work, and cost, less IJlarket value, of such items used but not consumed which remain the property of CONTRACTOR. ", c. ,'Rentals ,of all construction equipment and Machinery, ,and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER wi~ the advice of ENGINEER, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shaIl be in accordance with the terms of said rental agreements. The rental of any such equipment, ma.- chineI)'. or parts sha1I cease when the use thereof 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 anct Regu- lations. J e. Deposits lost for causes other than negli- gence of CONTRAGTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, ^,.."",,^ "1 and royalty payments and fees for permits and licenses. f. Losses and damages (and r~lated expenses) caused by damage to the Work, not compensated by insurance, or otherwise. sustained by CONTRACTOR in . connection with the perfor.,. mance of the Work (except losses and damages within the deductible amounts of property insUrance , established in accordance with paragraph.S.06..D), provided such losses and damages have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of $em or for whose acts any of them may be l~ble. Such losses. . shaII include settlements made with' the , Written coDsent and approval of OWNER. No stich losses, damages, and expenses shall be included in the Cost oftbe,Work for the pplpOse of determining CONTRACTOR's fee. g. n 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 '. ''S~te,expressage, and similar petty cash items in coimecilon With the Work. ",' . '-. ,.~~.':::......:~.....t :e.... '~::~'.. i. When the Cost of the Work is used to det,ermine the value of a Change Order or of a ,Claim" the, cost of premiums for additional, Bonds and insw'ance required because of the changes ,in the Work or caused by the event giving rise to the Claim. -j. When all the Work is perfonned on.the basis of cost-:-plus, the costs of premiums for all Bonds and insurance CONTRACTOR is required. by the Contract Documents to purchase and maintain. .' B. Costs Excluded: The term Cost of the Work shall not include any'ofdie following items: 1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnerships and sole proprietorships), general manag- ers,engineers, architects, estimators, attomeys, audi- tors, ,accoWltants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel , employed by CONTRACTOR, whether at the Site or in CONTRACTOR's principal or branch office for general administration of the Work and not specifically included in the agreed upon, schedule of job classifications referred to in paragraph 11.01.A.l or specifically covered by paragraph 11.01.A.4, all of which lU'e to be ..... , .:, .{' ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order or by ~.Written /4..mf'!ndnlent. Any Claim for an adjustment in the COntract Price shall be based on written notice submitted by. .the party making the Claim to the ENGINEER and the other party to the Contract in accor- dance with the provisions of paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an: adjustment in the Contract Price will be determined as follows: . . ~ ::,-; .... ~ 1. where the Work involved is covered by unit prices ~itled 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 contained in the Contract Documenta, by a mutually agreed lump sum (wl!i!?h. may include an allowance for overhead and' profit .no~, necessarily in accordance with.paragraph 12~O1..<=..2); PI .. 3. where the Work.involved is not covered by unit prices contained in the Contract Documents and agree- ment to a. lump sum is not reached under paragraph 12.01.B.2, on the basis. of the '; Cost of the Work (determined as provided in paragtaph 11.01) plus a CONTRACTOR's fee for overhead and profit (deter- mined as provided in paragraph 12.01.C). C. CONrRACI'OR's Fee: The CONTRACTOR's fee' for overhead and profit shall be determined as fDllows: 1. a mutually acceptabl~ fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the follDwing percentages of the various portions of the Cost of the Work: a.. for costs. incurred under paragraphs 11.01.A.l and 11.01.A.2, the CONTRACTOR's fee shall be 15 percent; , ) b. for costs incurred under paragraph 11.01.A.3, the CONTRACTOR's fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fIXed fee is agreed upDn, 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 15 percent of the costs incurred by such Subcontractor under paragraphs 11.01.A.l and 1l.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 lower tier SubcD~tr~tor; " :-" .. d. no fee shall be payable on the basis of CDSts itemized under paragraphs 11.01.A.4, 11.01.A.S, and 11.01.B; e. . the amount of credit to be allowed by CONTRACTOR to OWNER.for. any change which results in a net decrease in cost will be the amount Df the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and f. when bDth additions and credits are in- volved in any one. change, the adjus~erit in CONTRACTOR's fee shall be computed on the basis of the .net change in accordance with para- griiplii 12.01.C.2.a through 12.01.C.2.e, inclu- sive. '. : ~"J.~,"'..,.~ :~.. ...... '. ,', 12.02 Ouzn.ge oj Contract Times A. 'I11e Contract Times (or Milestones) may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract TiJ:nes (or Mi1estoncs)shaU be based on written nOtice submitted by the p~maIdng the cl~ to the ENGINEER and the 'other party to the Contract in accordance with the provisions of paragraph 10.05. , B. Any adjustment of the Contract Times (or Milestones) covered by a Change Order or of any Claim for an adjustment in the Contract Tunes (or Milestones) will be determined in accordance with the provisions of this Article 12. . 12.03 Delays Beyond CONrRAcrOR's Control A. Where CONTRACTOR is prevented from completing any part of the WDrk within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (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 contrDI of CONTRACTOR shall include, but nDt. be limited to, acts or neglect by OWNER, acts or neglect Df utility owners or other contractors performing other work as contemplated by A. CONTRACTOR shall correct all.defective Work, whether or not fabricated, in~~l1ed. 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 (including but not limited to all fees and charges of A. If any Work is covered contrary to the written engineers, architects. attorneys. and other professionitls and request of ENGINEER, it must. if requested by ENGINEER, all court or arbitration or 9ther dispute resolution costs) bC'uitcpyered for ENGINEER's observation and replaced ilt--.", 'arising' out of or relating to such correction 'or removal' CONTRACTOR's expense. (including but not limited to all costs of repair or replacement of work ofothen). . B. If ENGINEBRconsiders it necessary or advisable , ,that covered Work be observed by ENGINEER. or inspected 13.07 Correction Period or tested by others, CONTRACTOR. at ENGINEER's request, shall uncover, expose. or otherwise make available A. If within one year after the date of Substantial for observation, inspection.' or testing as ENGINEER may Completion or such 'longer period of time as 'maybe require, that portlono! the Work in question. furnishing all prescribed by Laws or Regulations or by the terms of any necessary labor. material. and equip.lI1ent. If it is found that applicable special guarantee required by the Contract '.. 'such Work is defective, CONTRACTOR shall pay':al1 ": Documents or by any specific provision of.:the: Contract ) -~'CWms,. ~osts,losses, S:Dd' damages (including but not liMited '. Documents, .any Work is foUnd ~ be defective; or if the .. to all fees and ~. of engineers, architects, attoi.nejs"and :,.. 'repair of any damages to the land or areas made availablc;for other professionals and all court or arbitration or other CONTRACTOR's use by OWNER or permitted by Laws and dispute resolution costs) arising out of or relating to -suCh Regulations as CODteinplated 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'or reconstruction (including to OWNER. and in accordance with OWNER's written but not limited to all casts' of repair or'replacement of work in$tructions: (i) repair such defective land or areas. or (ii) of others); and OWNERsha1l be entitled to an appropriate correct such defective Work or, if the defective Work has decrease in the Contract Price. If the parties are unable ~ been rejected 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 nofdefective, and (ili) satisfac- therefor as provided in paragraph 10.OS. If, however. such torlly co.tTeCtor repair or remove and replace any damage to Work is not found to be defective" CONTRACTOR shall be other Work, to the work 'of otherS or other land or areas alIowed an inCrease in the Contract Price or an extension of resulting therefrom. If CONTRACTOR does not promptly the Contract Times (or Milestones), or both, directly attribut- comply with the terms of such instructions, or in an able to such uncovering, exposure. observation, inspection. emergency where delay would cause serious risk of loss or testing, replacement, and reconstruction. If the parties are damage, OWNER. may have the defective Work corrected or unable to agree as to the amount or extent thereof, repaired or may have the rejected Work removed and CONmACTOR may make a Claim therefor as provided in replaced, and all C1aims. costs. losses, and damages pa.ra.graph 10.OS. (including 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 correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. ... ~ -'" E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, if requested by ENGINEER. be uncovered for observation. F. Uncovering Work as provided in paragraph 13.03.B shall be it CONTRACTOR's expense unless CON- TRACTOR has given ENG~R timely notice of .' CONTRACTOR's intention to cover the same and BNGI- NEER has not acted with reasonable promptness in resjlpose , ,',.:10 such notice. . . , \ 13.04 Uncovering Work 13.05 OWNER May Stop the Work ) A. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment. or fails 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 00700 _ ~:i the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR, any Subcontractor. any Supplier, any other individual or entity. or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work B. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work. the correction period for that ... 14.02 Progress Payments ~ ., ......11 A. AppU~tio~ftrPaym~~ 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 sign~d by CONTRACTOR covering the Work completed as of the date of the Application and, accOmpanied by such supporting. documentation as is required by the Contract Documents. If payment is requested on the basis of materialS and equipment not incorporated in the Work but delivered and suitably stored. at the Site or at another location agreed to in writing. (the- Application for Payment shaIl also be accompaJii'etl' by a bill of sale, invoice. or other docu- ' mentation warranting that OWNER has received the materials and equipment free and clear of all Liens and . evidence that the materials and equipment arc covered by appropriate property insurance or other arrangements to protect OWNER's interest therein, all of which must be satisfactory to OWNER. a. the Work has progressed to the point indicated; . :. ,. b. the quality of the Work. is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a. fmal determination of quantities and classifications;: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 observe 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 the Work as it has been perfonned have been -- .exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work 2. Beginning with the second Application for beyond. the responsibilities specifically assigned to Payment, each Application shall include an affi4avi{of ENGINEER in the Contract Documents; pr (ii) that CONTRACTOR stating that all previous progress ';;.;.,' . .-there'.may not be other matters or issuc$.betweeIi-the' ...... payib~nt$' re:ceived on 3CCQ\l~t of the Work have. been .'. "parties that might entitle CONTRACTOR to be 'paid' .~pP1i~;;.'oIi:':;'ac~~unt to discharge .CONTRACTOR's ,(~ ,Hr.:';additi6JWly by OWNER or entitle OWNER to'withholdl:.;'::.\"..:. ' legitimate obligations associated with prior Applications payment to CONTRACTOR. for PaYment. ~'~)" ....... 3. The amount of retainage with respect to pro- gress payments will be as stipulated in the Agreement. B. Review of Applications 1. ENGINEER. will, within 10 days after receipt of each APl?lication for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER or return the Application to CONTRACTOR indicating' in writing ENGINEER's reasons for refusing to recommend payment. In the latter case, CONTRAGTOR may make the necessary corrections and resubmit the Application. " . \ ".# 2. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER.. based on ENGINEER's observations on the Site of the 'executed Work as an experienced and qualified design profession- al and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to' the best of ENGINEER's knowledge, information and belief: 00700 - 37 4. Neither ENGINEER's review of CONTRACTOR's Work. fof the pmposes of recom- mending payments nor ENGINEER's recommendation of any payment, including final payment, wilt' impose responsibility on. ENGINEER to supervise, direct, or control the Wox:k or for the means, methods,. techniques, sequences, or procedures of conStruction. or the safety precautions and programs incident thereto, or for CON.., TRACTOR's failure to comply with Laws and Regu- lations applicable to CONTRACTOR's perfonnance of the Work. Additionally, said review or recommendation will not impose responsibility on ENG~EER to make any e;tllmin"tlon to ascertain how or for what purposes CONlRACTOR has used the moneys paid on account of the Contract Price, or to determine that title to any of the Work, materials, or equipment has passed to OWNER free and clear of any Liens. S. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to ttlalce the representa- tions to OWNER referred to in paragraph 14.02.B.2. ENGINEER mat also refuse to recommend any such payment or, beCause of subsequently discovered evidence or the results of subsequent inspections or tests, ... ~ ties pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER' a aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. .,' t.' I. . B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. .' 14.05 Partial Utilization ,_i_., ,) A. Use by OWNER at OWNER's option of any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which OWNER, ENGINEER, and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without ,significant interference with CONTRACTOR's perfo~ of the remainder of the Work.' may. be accompUahed p~or t9, Su:~~J:antiaI'p'o~pletion of all the Work subject to the f~Ilowing c~onS. .:.. '" ...,I::...t.l::r:.!......:..:~~, :~.":...;, ) 1. OWNER at any time may request CON- TRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for'its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will !=ertify 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 time may notify OWNER and ENGINEER in writing that CONTRACTOR cimsiders any such part of the Work ready for its intended use and substantially complete and request ENGINEER. to issue a certificate of Substantial Completion for that part of the Work. Within a reastmable time after either such request, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. H ENGINEER considers that part of the Work to be substantially complete, . the provisions of paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work imd the division of responsibility in respect thereof and access thereto. NY7Nl _ '20 2. No occupancy or separate operation of PaIl of the Work may occur prior to compliance with the requirements of paragraph 5.10 regarding property insurance. 14.06 Final Inspection '. A. Upon written notice from CONTRACTOR that the , ~nfi.ro Work or an agreed portion thereof is complete, EN~INEER will 'promptly make a fmal inspection with OWNER and ',: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 such JIieasures as are neces~ary. to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment 1. After CONTRACTOR has, in the opinion of ENGINEER, satisfactorily completed all corrections identified during the fmal inspection and has delivered, in accordance with the Contract Documents, all main- tenance and operating instructions, schedules, guaran- tees, BOndS;o:Certlficltes or other evic:lence of insurance, '" .certifu:ates of iniPe~tion, marked-up record documents (as provided-mpartigraph'6.12), and other documents,. " CONTRACTOR may make application for final payment following the procedure for progress payments. 2. . The fmal Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, iI1cluding but not limited to .the evidence.. of insurance required by subparagraph 5.04.B.7; (ii) consent of the surety, if any, to final payment; and (ill) complete and legally effective releases or waivers (satisfactory, to OWNER) of all Lien rights arising out of or Liens filed in connection 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 (li) 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 othelWise satisfied. If any SubContractor or Supplier fails to furnish such a release or receipt in full, ~ONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. .,. 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 GONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the Site or for which OWNER .hu. paid CONTRACTOR but which arc stored elsewhere, an(f finish the Work is OWNER may deem expedient. In .sucb..~case, CONTRA9TOR shall not. be entitled to receive anY further paymei?! until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, 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 exeess will be paid to CONTRACTOR. If such claims, costs, losses, and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such . claims, costs, losses, and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and. when so approved by ENGlNEER, incorporated in a Change Order. When exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. . ._~:.::- ,'.. :~.... ,\.~.. .,." q . C. Where CONTRACTOR's' services have been so terminated by OWNER, the tenniIUltr6niwUI .not. affect any rights or remedies of OWNER against CqNTRACTOR then existing or which may thereafter accrue; Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liab~ty. IS.03 OWNER May Terminate For Convenience A. Upon seven days written notice to CONTRACTOR- and ENGINEER, OWNER may, without cause and 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 items): 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 attributable to termination. B.. CO~TRACTOR shali'not be paid on account of loss of anticipa~ profits or reveniIe.. or other economic loss arising out .of Of resulting from such termiliation. . " , . "';;) 15.04 CONI'RA(:TOR May Stop Worlc or Terminate A. If, through no act or fault of CONTRACTOR, the Work is suspended for more than 90 consecutive days by OWNER or UIUfer an order of court ai"other public authority, or ENGINEER fails to act on any Application for Payment within 30 days after it is submitted, or oWNER fails for 30 days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days written notice to OWNER. and ENGINEER, and provided OWNER or ENGINEER do nOt remedy such suspension or failure within that time, terminate the Contract and recover from OWNER payment on the same terms as provided in par~gr~p~_l_S~O~. In lieu of terminating the Contract and without prejudice to any ~~;.p.~l?19.r remedy, if ENGI- NESR has failed to act on an APPlW!l~on for Payment within 30 days after it is subniitted;Hit.OW'NER has failed for 30 days to pay CONTRACTOR any sum fmalty determined to be due, CONTRACTOR may, seven days after written notice to OWNER and ENGINEER, stop the Work until payment is made of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15..04 are not intended to preclude CONTRACTOR from makiilg a Claim under paragraph 10.0S for an adjustment in Contract Price or Contract Times or otherwise for expenses or Wimage directly attributable to CONTRACTOR's stopping the Work as permitted by this paragraph. .' ARTICLE 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 ami 16.01 Methods and Procedures reasonable 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, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on sUch expenses; 3. for all claims, costs, losses, and damages (including but not limited to all fees and charges of 00700 - 41 A. Dispute resolution methods and procedures, if any, shall be as set forth in the Supplementary Conditions. If no method and procedure has been set forth, and subject to the provisions of paragraphs 9.09 and 10.05, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. EXHlBIT GC-A to General Conditions of the Agreement Between OWNER and CON. TRACWR Dated For use with EJCDC No. 1910-8 (1990 ed.) DISPUTE RESOLUTION AGREEMENT OWNER and CONTRACTOR hereby agree that Article ]6 of the GenernI Conditions to the Agreement between OWNER and CONTRACTOR is amended to include the following agreement of the parties: 16.]. All claims. disputes and other matters in question between OWNER and CONTRACTOR arising out of or relat- ing to the Contract Documents or the breach thereof (except for claims which have been waived by the making or accep- tance of final payment as provided by paragraph 14.]5) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Asso- ciation then obtaining. subject to the limitations of this Article t 6. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing law of any court having jurisdiction. 16.2. No demand for arbitration of any claim. dispute' or other matter that is required to be referred to ENGINEER initially for decision in accordance with paragraph 9.] I will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty-first day after the parties have presented their evidence to ENGINEER if a written decision has not been renc!ered by ENGINEER before that date. No demand for arbitration of any such claim. dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.]]; and the failure to demand arbitration within said thirty days' period will result in ENGlNEER's decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renders a de- cision after arbitration. proceedings have been initiated. such decision may be entered as evidence but will not supersede the arbitration proceedings. except where the decision is accept- able to the parties concerned. No demand for arbitration of any written decision of ENGINEER .rendered in accordance with paragraph 9.]0 will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9.10. 16.3. Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the ".. .,. American Arbitration Association. and a copy will be sent to ENGINEER for information. The demand for arbitration will be made within the thirty-day or ten- day period specified- in paragraph 16.2 as applicable. and in all other cases within a reasonable time after the claim. dispute or other matter in question has arisen. and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim. dispute or other matter in question would be barred by the applicable statute of limita- tions. 16.4. Except as provided in paragraph 16.5 below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER. ENGI- NEER's Consultant and the officers. directors. agents, em- ployees or consultants of any of them) who is not a party to this contract unless: 16.4. ] . the inclusion, of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration. and 16.4.2. such other person or entity is substantially in- volved in a question oflaw or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings. and 16.4.3. the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has 'been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16..5. Notwithstanding paragraph 16.4 if a claim, dispute or other matter in question between OWNER and CONTRAC- TOR involves the Work of a Subcontractor, either OWNER or CONTRACfOR may join such Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACfOR shall include in all subcontracts required by paragraph 6: ]] a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontrac- tor. Nothing in this paragraph ] 6.5 nor in the provision of such subcontract consenting to joinder shall create any claim. right or cause of action in favor of Subcontractor and against OWNER, ENGINEER or ENGINEER's Consultants that does not otherwise exist. 16.6. The award rendered by the arbitrators will be final, judgment may be entered upon it in any court havingjurisdic- tion thereof, and it will not be subject to modification or appeal. [The remainder of this page was left blank intentionally.] GC-A] 16.7. OWNER and CONTRACIDR agree that they shall first submit any and all unsettled claims. counterclaims. dis- putes and other matters in question between them arising out of or relating to the Contract Documents or the breach thereot" ("disputes"), to mediation by The American Arbitration As- sociation under the Construction Industry Mediation Rules of the American Arbitration Association prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 16.1 through 16.6. unless delay in initiating arbitra- -,.., ....... ~ tion would irrevocably prejudice one of the par:ties. The respective thirty and ten day time limits within which to file a demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until ten days after the termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless othefV(ise agreed. SUPPLEMENTARY CONDITIONS OF THE AGREEMENT CLP Project No. 2005-7301 SC-1 PRECEDENCE: These supplementary conditions of the Agreement are a supplement and where in conflict, they take precedence over the "Standard General Conditions of the Construction Contract" of this Specification. SC-2 OWNER/ENGINEER: The word "OWNER" in these Specifications shall be understood as referring to the City of La Porte, Texas. The word "ENGINEER" in these Specifications shall be understood as referring to the City Engineer for the City of La Porte, Texas. SC-3 SCOPE OF WORK: The work to be performed under this contract consists of furnishing all materials, labor, supervision, tools, and equipment necessary to complete the work. SC-4 SEQUENCE OF WORK: All work covered by this Contract shall be completed within the number of calendar days designated by the Contractor in the Bid Proposal. SC-5 TIME OF COMPLETION: The CONTRACTOR shall complete the work as provided in the Contract Documents and within the time limitations described in paragraph SC-4, Sequence of Work, unless otherwise stipulated to proceed. Calendar days shall be computed beginning and inclusive of the first day of the Notice to Proceed. CONTRACTORS shall notify OWNER in writing 48 hours prior to start of construction. The time of completion shall include delivery time of all equipment and materials required to complete the work in conformance with the Drawings and Specifications. SC-6 LIQUIDATED DAMAGES FOR DELAY: It is understood and agreed between the parties hereto that time is of the essence of this Contract, and that for each calendar day of delay beyond the completion date (after due allowance for such extension of time as provided herein) the CONTRACTOR shall pay the OWNER as liquidated damages the sum of three hundred dollars ($300.00), it being understood between the parties hereto that such sum shall be treated not as a penalty, but as liquidated damages for loss of revenue to the OWNER. SC-7 GUARANTEE: The CONTRACTOR shall furnish the OWNER with a written guarantee on all workmanship and materials provided by him for the project. The written guarantee shall be made out to the OWNER and in a form satisfactory to the OWNER, guaranteeing all of the work under the Contract to be free from faulty materials in every particular, and free from faulty workmanship, and against injury from proper and usual wear; and agreeing to replace or to re-execute without cost to the OWNER such work as may be found to be imperfect or improper, and to make good all damage caused to other required replacement or re-execution. The guarantee shall be made to cover a period of one year from the date of completion of all work under this Contract. This guarantee must be furnished to the OWNER for approval, prior to acceptance and final payment. Neither the final certificate nor payment nor any provision in the Contract Documents shall relieve the CONTRACTOR of the responsibility for neglect or faulty materials or workmanship during the period covered by the guarantee. SC-8 MATERIALS AND WORKMANSHIP: No material which has been used by the CONTRACTOR for any temporary purpose whatever is to be incorporated in the permanent structure without written consent by the OWNER. SC-9 SANITARY FACILITIES: The CONTRACTOR shall maintain sanitary facilities at a location satisfactory to the OWNER, for use by the employees of the CONTRACTORS. They shall be well ventilated, but provide proper concealment, and shall be kept scrupulously clean at all times by the CONTRACTOR. The facilities shall be removed and the site restored to its original condition upon the completion of the work. All such facilities shall conform to the requirements of the state and local health authorities, ordinance and law. SC-10 INCONVENIENCES TO THE PUBLIC: It is the declared and acknowledged intent of these specifications that all work such as backfilling of excavations, removing forms, repairs to roads and drives, and clean-up or other such operations shall follow as closely as practical to the laying or installing operations, in such a manner that the public is not unnecessarily inconvenienced nor a hazard to publiC safety created. Any speCific limitation in the technical specifications referring to the control of the "follow- up" operations, such as the minimum distance of unfilled trench allowed behind the excavating operations, shall be strictly enforced. The OWNER or OWNER'S representative will notify the CONTRACTOR if his forces and/or equipment are insufficient to such a degree that the public is unnecessarily inconvenienced and/or a hazard to the public safety is created. The CONTRACTOR, upon notification by the OWNER or OWNER'S representative shall make necessary changes to his forces and/or equipment. SC-11 PERMITS: Pennits and licenses of a temporary nature necessary for the prosecution of the work shall be secured and paid for by the CONTRACTOR. Easement, right-of-way and instruments of a permanent nature shall be secured and paid for by the OWNER. CONTRACTOR shall obtain all required permits from the City of La Porte and any other affected agency. SC-12 CLEAN-UP: The CONTRACTOR shall at all times keep the site and structures or facilities thereon free from accumulations of waste material, debris or rubbish caused by his employees or work; at the completion of the work he shall remove from the site all his tools, surplus materials, debris, and shall leave the site and his work "broom clean" or the equivalent, unless otherwise noted on the drawings or specified by the OWNER. SC-13 OPERATIONS AND BUSINESS OF THE OWNER: It is of great importance that the OWNER'S operations meet with a minimum of interference resulting from the work requiring by these Contract Documents. The CONTRACTOR shall, therefore, conduct his work in such a manner as to pennit these continued operations and so as not to interfere with the business of the OWNER. The CONTRACTOR shall use the route of entry designated by the ENGINEER at the pre-construction meeting and restrict all his vehide and personnel to this route and to the site. The blocking or hindering of traffic will not be permitted. SC-14 SEPARATE CONTRACTS: The OWNER reserves the right to let other contracts in connection with this work. The CONTRACTOR shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work and where required, shall properly connect and coordinate his work with theirs. SC-15 RIGHTS OF VARIOUS INTERESTS: Wherever work being done by the OWNER'S forces or by other contractors contiguous to work covered by this contractor, the respective rights or the various interests involved shall be established by the OWNER or his resident inspector, to secure the completion of the various portions of the work in general hannony. CONTRACTOR shall issue work schedules in conflicting areas as requested by the OWNER or his resident inspector. SC-16 STORAGE OF MATERIALS AND EQUIPMENT: Any material which has deteriorated, become damaged or otherwise unfit for use, shall not be used in the work. Any material or equipment must be stored at a location directed by the ENGINEER at the pre-construction meeting. Upon completion of all work, or when directed by the OWNER, the CONTRACTOR shall remove such storage facilities or equipment fonn the site. SC-17 PUBLIC UTILITY OBSTRUCTIONS: Pipe lines and other existing underground structures in the vicinity of the work are shown on the drawings according to the best infonnation available to the OWNER. The OWNER does not guarantee the accuracy of this infonnation. The CONTRACTOR shall make every effort to locate all underground utilities by prospecting in advance of trench excavation. The cost of repair of existing utilities damaged by the CONTRACTOR shall be borne by the CONTRACTOR, and shall be scheduled so as to cause the least possible inconvenience to the public. Any delay or extra cost to the CONTRACTOR caused by pipe lines or other underground structures or obstructions not shown on the plans or found in different locations than those indicated, shall not constitute a claim for extra work, additional payments, or damages. SC-18 SUBLETTING THE WORK: The CONTRACTOR shall perfonn with his own organization and with the assistance of workmen under his immediate supervision, work not less than fifty percent (50%) of the value of all work embraced in the Contract exdusive of items not commonly found in contracts for similar work or which requires highly specialized knowledge, craftsmanship and/or equipment not ordinarily available in the organizations of the contractor's perfonning work of the character embraced in the Contract. No portion of the work covered by these specifications and materials, shall be sublet without written permission from the OWNER. If the CONTRACTOR sublets any part of the work to be done under this Contract, he will not under any circumstances be relieved of his responsibility and obligations. All transactions of the OWNER will be with the CONTRACTOR. Subcontractors will be considered only in the capacity of employees and/or workers and shall be subject to the same requirements as to character, competency, wages and hours. The OWNER will not recognize any subcontractor on the work. The CONTRACTOR shall at all times, when the work is in operation, be represented either in person or by a qualified superintendent or other designated representative. A complete list of subcontractors must be submitted within ten (10) days after start-up. SC-19 PROTECTION OF EXISTING FACILITIES: The CONTRACTOR shall use construction equipment, labor, or techniques to insure that existing facilities such as but not limited to, existing utilities are not damaged. A careful pre-construction inspection of existing facilities will be made with the OWNER and the CONTRACTOR. SC-20 PROTECTION OF TREES AND SHRUBS: Any trees, shrubs, plants, or ornamental growth within the right-of-way, not directly interfering with the construction of the road bed, sidewalks, driveways or sewer shall be protected from damage by the CONTRACTOR. Any tree, shrub, plant or omamental growth that interferes with the construction of the roadway, sewers, sidewalks or driveways shall be relocated to a location satisfactory to the adjoining property owner outside of the street right-of-way. Large trees not conducive to moving shall be removed and disposed. SC-21 PROJECT SCHEDULING: CONTRACTOR shall coordinate all work with OWNER. SC-22 WATER FOR CONSTRUCTION AND TESTING: CONTRACTOR may obtain water for construction and testing from the City of La Porte at his cost. A construction meter will be provided at no cost to the CONTRACTOR for the duration of construction. SC-23 OPERATION OF EXISTING FACILITIES: The City of La Porte shall operate all existing facilities (Le., lift stations, valves, fire hydrants) during construction. SC-24 OWNER'S PROPERTY INSURANCE: Owner shall not be required to provide any additional property insurance coverage under this contract. SC-25 REQUIRED CONTRACTOR INSURANCE: CONTRACTOR shall obtain insurance as detailed. Each policy obtained by the CONTRACTOR for work with this contract, with exception of the Worker's Compensation policy, shall name the OWNER and the ENGINEER as an additional insured. The coverage and amounts designated are minimum requirements and do not establish limits of the contractor's liability. Additional coverage may be provided at the CONTRACTOR'S option and expense. Insurance must indude: General Liability: Commercial General Liability General Aggregate Personal Injury Each Occurrence $1,000,000.00 $1,000,000.00 $1,000,000.00 Automobile Liability: Combined Single Limit $1,000,000.00 Excess Liability: Umbrella Each Occurrence Each Aggregate $1,000,000.00 $1,000,000.00 Worker's Comoensation: A. Definitions: Certificate of coverage ("certificate"). A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (lWCc-81, lWCC-82, TWCC-83 or TWCG-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - indudes the time from the beginning of the work on the project until the contractor's work on the project has been completed and accepted by the OWNER. Persons providing services on the project - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person has employees. This indudes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to the project. "Services" does not indude activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the OWNER showing that coverage has been extended. E. The CONTRACTOR shall obtain from each person providing services on the project, and provide the OWNER: (1) a certificate of coverage, prior to that person beginning work on the project, so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven (7) days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The CONTRACTOR shall retain all required certificates of coverage for the duration of the Project and for one (1) year thereafter. G. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provisions of coverage of any persons providing services on the project. H. The CONTRACTOR shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on the Project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amount and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all of its employees providing services on the Project, for the duration of the Project; (2) provide to the CONTRACTOR, prior to that person beginning work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project, for the duration of the Project; (3) provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate ends during the duration of the Project; (4) obtain from each other person with whom it contracts, and provide the CONTRACTOR: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage Showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate ends during the duration of the Project. (5) retain all required certificates of coverage on file for the duration of the Project and for one (1) year thereafter; (6) notify the OWNER in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provisions of coverage of any person providing services on the Project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing service. J. By signing this contract, the CONTRACTOR is representing to the OWNER that all employees of the CONTRACTOR who will provide services on the Project will be covered by workers' compensation coverage for the duration of the Project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the Commission's Division of Self- Insurance Regulations. Providing false or misleading information may subject the CONTRACTOR to administrative penalties, criminal penalties, or other civil action. K. The CONTRACTOR'S failure to comply with any of these provisions is a breach of contract by the CONTRACTOR which entitles the OWNER to declare the Contract void if the CONTRACTOR does not remedy the breach within ten (10) days after receipt of notice of breach from the City. The CONTRACTOR shall be responsible for insurance to cover equipment, tools, materials, supplies, etc. used in the performance of work, owned or rented, the capital value of which is not included in the cost of this Contract. Insurance policies are to be written by companies authorized to do business under the laws of the State of Texas and on forms approved by the Insurance Commission of the State of Texas. The CONTRACTOR shall provide the OWNER a copy of all insurance policies. All of the insurance required to be carried by the CONTRACTOR shall be by policies which shall require on their face, or by endorsement, ten (10) days written notice to the OWNER before they may be cancelled and within which ten day period the CONTRACTOR covenants that it will provide other suitable policies in lieu of those about to be cancelled so as to maintain in effect the coverage required under the proviSions hereof. Failure or refusal of the CONTRACTOR to obtain and keep in force the above required insurance coverage shall authorize the OWNER, at its option, to terminate this contract at once. The CONTRACTOR shall indemnify and save harmless the OWNER, its officers, employees, and agents from all claims and liability due to the activities of itself, its agents, or employees performed under this contract and which result from an error, omission, or negligent act of the CONTRACTOR or of any person employed by the CONTRACTOR. The CONTRACTOR shall indemnify and save harmless the OWNER from any and all expenses, including attorney fees, which might be incurred by the OWNER in litigation or otherwise resisting said claims or liabilities which might be imposed on the OWNER as a result of such activities by the CONTRACTOR, his agents, or employees. SC-26 QUALIFICATIONS FOR SURETIES ISSUING BONDS: As required by City of La Porte Ordinance No. 1773, approved July 22, 1991, corporate sureties issuing payment and performance bonds payable to the City of La Porte on public works projects shall meet all of the following criteria: a. The surety company must be authorized to do business in the State of Texas, which authorization must be recorded in the files of the Texas State Board of Insurance; b. The surety company must be an approved surety company listed in the current United States Department of Treasury list of approved corporate sureties for payment and performance bonds for federal jobs, induding specifically the rules to underwriting limitation; c. The surety company must be authorized to issue payment and performance bonds in the amount required for the Contract, which authorization must be recorded in the files of the Texas State Board of Insurance; d. The person executing the Payment and Performance Bonds must be a licensed Texas local recording agent and such licensing must be recorded in the files of the Texas State Board of Insurance; and e. The person executing the Payment and Performance Bonds must be authorized by the surety company to execute performance and payment bonds on behalf of the company in the amount required forthe Contract and such authorization must be recorded in the files of the State Board of Insurance. f. Failure to meet the criteria for acceptability of surety company issuing Payment and Performance Bonds will result in the disqualification of the bid. g. The Payment and Performance Bonds shall remain in effect at least one year beyond final acceptance of work under the Contract by the Owner. SC-27 RETAINAGE: If the total Contract price is greater than $400,000.00, five percent (5%) of the total contract price will be retained until final payment as described below. If the total Contract price is less than $400,000.00, ten percent (10%) of the total contract price will be retained until final payment as described below. On or before the tenth (10th) day of the month, the CONTRACTOR shall prepare and submit to the ENGINEER for approval or modification a statement showing as completely as practicable the total value of the work done by the CONTRACTOR up to and including the last day of the preceding month; said statement shall also indude the value of all sound materials delivered on the site of the work that are to be fabricated into the work. For total Contract prices (Base Bid) greater than $400,000.00, the OWNER shall then pay the CONTRACTOR on or before the fifteenth (15th) day of the follOwing month of the following month the amount of the approved statement, less five percent (5%) of the amount thereof, which shall be retained until final payment, and further less all previous payments and all further sums that be retained by the OWNER under the terms of the Agreement. For total Contract prices (Base Bid) less than $400,000.00, the OWNER shall then pay the CONTRACTOR on or before the fifteenth (15th) day of the following month of the following month the amount of the approved statement, less ten percent (10%) of the amount thereof, which shall be retained until final payment, and further less all previous payments and all further sums that be retained by the OWNER under the terms of the Agreement. It is understood, however, that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no fault of the CONTRACTOR, the OWNER may, upon written recommendation of the ENGINEER, pay a reasonable and equitable portion of the retained percentage to the CONTRACTOR, or the CONTRACTOR at the OWNER'S option, may be relieved of the obligation to fully complete the work and, thereupon, the CONTRACTOR shall receive payment of the balance due him under the Contract subject to those conditions under the General Conditions, Article 14, Payments to CONTRACTOR and completion. SC-28 PREVAILING WAGES: The CONTRACTOR and his subcontractors shall expressly comply with Article 5159A, Revised Civil Statutes of Texas, 1925, commonly known as, "The Prevailing Wage Act" including the latest provisions. Not less than the minimum prevailing wage for the Harris County area as attached at the end of these supplementary conditions shall be paid for labor which is employed by the CONTRACTOR and his subcontractors for execution of this contract. The CONTRACTOR and his subcontractors shall keep accurate records of the names, wage classifications, and hourly wages paid to each worker employed on this project. These records shall be open to inspection by the OWNER. SC-29 CONTRACT INTERPRETATION AND WORK ACCEPTABILITY: The Engineer will be the final interpreter of the requirements of the contract documents and sole judge of the acceptability of work thereunder. SC-30 DISPUTE RESOLUTION. METHODS AND PROCEDURES: ENGINEER will be the initial interPreter of the requirements of the Contract Documents and judge of the acc~ptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the perfonnance and furnishing of the Work in respect of changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than 30 days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within 45 days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within 30 days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will render a fonnal decision in writing within 30 days after receipt of the opposing party's submittal, if any, in accordance with this paragraph. The Engineer's rendering of a formal decision shall be a condition precedent to further dispute resolution actions. Mediation: Any Claim arising out of or related to the Contract may, by mutual agreement between the parties, and after initial decision by the ENGINEER, be subject to mediation. By mutual agreement, the parties may endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to the Contract and with the American Arbitration Association. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. Arbitration: Any Claim arising out of or related to the Contract shall, after initial decision by ENGINEER, be subject to arbitration. Claims not resolved by mediation shall be decided by arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The demand for arbitration shall be filed in writing with the other party to the Contract and with the American Arbitration Association, and a copy shall be filed with the ENGINEER. A demand for arbitration shall be made within 30 days after the ENGINEER's decision, or within 14 days after the final mediation proceedings, if both parties mutually agree to mediation. Limitation on Consolidation or Joinder: No arbitration arising out of or relating to the Contract shall include, by consolidation or joinder or in any other manner, the ENGINEER, the ENGINEER'S employees or consultants, except by written consent containing specific reference to the Agreement and signed by the ENGINEER, OWNER, CONTRACTOR or any other person or entity sought to be joined. No arbitration shall include, by consolidation or joinder or any other manner, parties other than the OWNER, CONTRACTOR, and other persons substantially involved in a common question of fact or law whose presence is required if complete relief is to be accorded in arbitration. No person or entity other than the OWNER, CONTRACTOR shall be included as an original third party or additional third party to an arbitration whose interest or responsibility is insubstantial. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of a Claim not described therein or with a person or entity not described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof. Claims and Timely Assertion of Claims: The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded. Judgment on Final Award: The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. W AIS Document Retrieval Page 1 of3 GENERAL DECISION: T.X20030054 12/09/2005 TX54 Date: December 9, 2005 General Decision Number: TX20030054 12/09/2005 Superseded General Decision Number: TX020054 state: Texas Construction Type: Heavy County: Harris County in Texas. HEAVY CONSTRUCTION PROJECTS Including Water and Sewer Lines (Does Not Include Flood Control) . Modification Number o 1 2 3 4 5 6 Publication Date 06/13/2003 02/13/2004 OS/28/2004 12/24/2004 05/06/2005 07/01/2005 12/09/2005 SFTX0669-001 01/01/2005 Rates Fringes Sprinkler Fitter, Fire.........$ 22.62 10.50 SUTX2005-019 08/16/2005 Rates Fringes Carpenter. . . . . . . . . . . . . . . . . . . . . . $ 14.04 Cement Mason/Concrete Finisher.$ 12.50 Electrician....................$ 17.00 Formbuilder/Formsetter.........$ 13.84 Ironworker, Reinforcing.......$ 11.28 Laborers: Common. . . . . . . . . . . . . . . . . . . . . . $ Landscape. . . . . . . . . . . . . . . . . . . $ Mason Tender Cement.........$ Pipelayer. . . . . . . . . . . . . . . . . . . $ Pipefi tter. . . . . . . . . . . . . . . . . . . . . $ Power Equipment Operator: Backhoe. . . . . . . . . . . . . . . . . . . . . $ Bulldozer. . . . . . . . . . . . . . . . . . . $ Crane. . . . . . . . . . . . . . . . . . . . . . . $ Excava tor. . . . . . . . . . . . . . . . . . . $ Front End Loader............$ Grader. . . . . . . . . . . . . . . . . . . . . . $ Tractor. . . . . . . . . . . . . . . . . . . . . $ Truck Driver.............. .....$ 0.00 1.17 0.04 1.17 0.00 8.94 7.35 9.94 10.14 17.00 0.00 0.00 0.00 0.00 0.04 13.47 12.58 15.33 16.37 12.16 12.20 15.00 12.02 0.00 0.00 0.57 0.00 0.00 1. 48 0.00 1. 02 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=TX2003... 9/20/2006 W AIS Document Retrieval Page 2 of3 ---------------------------------------------------------------- ---------------------------------------------------------------- Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination a survey underlying a wage determination a Wage and Hour Division letter setting forth a position on a wage determination matter a conformance (additional classification and rate) ruling * * * On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=TX2003 ... 9/20/2006 W AIS Document Retrieval Page 3 of3 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.s. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ---------------------------------------------------------------- ---------------------------------------------------------------- END OF GENERAL DECISION http://frwebgate.access.gpo.gov 1 cgi -binfgetdoc.cgi? dbname=Davis-Bacon&docid=TX2003... 9/20/2006 TECHNICAL SPECIFICATION ITEM 00102 CLEARING & GRUBBING 102.1 Description. This item shall consist of the clearing, including removal and disposal, of the right-of-way of all trees, brush, stumps, roots, vegetation, overhangs, logs, tires, appliances, trash, rubbish and other debris, and objectionable matter induding any deleterious materials and of grubbing the rights-of way, easements or other designated area within the limits of the project. For the purpose of this specification, right-of-way shall indude roadways, roadside ditches, channels, outfall ditches, temporary and permanent easements. It shall be the responsibility of the Contractor to visit the project site and ascertain the clearing and grubbing requirements as included in the bid documents prior to submitting a bid on the project. Any necessary trimming of overhangs that encroach the right-of-way and interfere with the facilitation of construction or the operation or maintenance of the executed project will not be paid for separately. The Contractor may use equipment and materials necessary to properly complete clearing and grubbing. Obtain approval for equipment and materials before beginning clearing and grubbing. 102.2 Construction Methods. The rights-of-way, easements or other designated area shall be cleared of all trees, roots, brush, stumps, overhangs, logs, rubbish, shrubs, objectionable matter and other trash. Items and certain areas designated by the Engineer for preservation shall be carefully protected from abuse, marring or damage during construction operations and preserved in accordance with the bid documents. Parking and/or servicing of equipment under the branches of trees designated for preservation will not be permitted. On areas required for roadway, channel, or structural excavation, all stumps, roots, etc., shall be removed to a depth of approximately 2-feet below finished grade elevation. For areas outside pavement section, remove stumps and roots etc. to depth of two-feet (2') below finished surface of required cross-section. All holes remaining after clearing and grubbing shall be backfilled and compacted to ninety percent of Standard Proctor Density (ASTM Method D698) at a moisture content of between optimum and plus 3 percent of optimum as directed by the Engineer and the entire area bladed to prevent ponding of water and to provide drainage; except in areas to be immediately excavated, the Engineer may direct that the holes not be backfilled. On areas required for borrow sites and material sources, stumps, roots, etc., shall be removed to the complete extent necessary to prevent such objectionable matter becoming mixed with the material to be used in construction. 102.3 Disposal of Materials. All cleared and grubbed materials shall be disposed of off-site. The Contractor shall be responsible for obtaining any necessary disposal permits. The Contractor shall not bury any refuse on City of La Porte property. Unless otherwise specified, all deared and grubbed material becomes property of the Contractor to be removed from the work site or disposed of in a manner not to damage the Owner. 102.4 Limit of Operation. No Clearing or grubbing shall be done outside the limits of the right-of- way. Any work done outside the right-ot-way limits, for any purpose, shall be done at the Contractor's expense and it shall be the Contractor's responsibility to negotiate and secure the permission ot the property owner tor such operation. The Contractor shall provide sufficient evidence to the City of La Porte that such permission has been obtained. 00102-1 102.5 Schedule of Clearing. The Contractor shall schedule his clearing operations so that clearing has been completed for a distance of 2,000 feet ahead of any point where excavation is to be started. After starting excavation, the Contractor shall keep a minimum of 1,000 feet of cleared right of way ahead of the excavation operation. 102.6 Measurement & Payment. Clearing and grubbing will be cost incidental to the pipe placement. 00102-2 TECHNICAL SPECIFICATION ITEM 00430 CONSTRUCTION OF UNDERGROUND UTILITIES 430.1 Description. This item shall govem for all excavation required for the construction of sewers, sewer structures, pipe culverts, appurtenances and connections and for the backfilling around completed sewers to the level of the original ground, all in conformity with the locations, lines and grades shown on the plans or as given by the Engineer and in accordance with these specifications. This item shall also govem for any necessary pumping or bailing and drainage and all sheathing and bracing of trench walls. Also govemed by this item are the cutting and restoration of pavement and base courses, the furnishing and placing of cement stabilized backfill, the hauling and disposing of surplus materials and the bridging of trenches and other provisions for maintenance of traffic or access as provided herein. r 430.2 Testing. Testing of force main to be as per TCEQ regulations.. q A/1 9 -eG- +(8 ei't () ).~7 '3./ )<'l.Il.-t-.:'., J.,zw.?I' +cn.e t'\ it flU_ 430.3 Excavation & Trench Preparation. Excavate trench to the alignment and depth required. Brace the trench and drain, as required, so that the work may be accomplished safely and efficiently. If necessary, install a dewatering system to provide a dry trench bottom. Pumps shall discharge into natural drainage channels or to drains. Shoring for excavations and trenches shall meet the requirements of the latest edition of OSHA Regulation 1926, Subpart P, and the Item, "Timber Ordered Left In Trench". For pipes less than 30 inches in diameter, the minimum width of the trench shall be the width of the outside barrel of the pipe plus 12 inches, the maximum width of the trench shall be the width of the outside barrel of the pipe plus 24 inches. For pipe 30 inches and larger, the minimum trench width shall be the width of the outside barrel of the pipe plus 32 inches, and the maximum width of the trench shall be the width of the outside barrel of the pipe plus 36 inches. Side sloping or benching of the trench, where permitted, will begin at one foot above the top of the pipe and will not encroach upon private property or endanger existing or future structures or underground utilities. Depth of trench, without sheathing or bracing shall comply with OSHA Regulation 1926.650. The full width of the trench shall be excavated to a depth below the invert elevation of the pipe so as to permit placing the bedding material specified on the attached drawings below the outside bottom of the pipe. Any additional depth excavated by the Contractor shall be replaced with an equal depth of cement stabilized sand. The cost O'f this additional material, in place shall be at the expense of the Contractor. Where necessary, excavations shall have sheathing and bracing to prevent caving. At these locations, increase the trench width as required and leave the sheathing in place until the pipe has been laid and the backfill compacted to a depth of 2 feet over the pipe. Sheeting and bracing shall be in accordance with the Item, "Timber Ordered Left in Trench". All sheathing and bracing shall be designed to the requirements of OSHA Standard 1926, Subpart P (latest edition). Sewers shall not be constructed or sewer pipe laid in the presence of water. All water shall be removed from the excavation sufficiently prior to the sewer placing operation to insure a dry, firm bed on which to place the sewer and shall be maintained in such unwatered condition until all concrete and mortar is set. Removal of water may be accomplished by bailing, pumping or by a well-point system as conditions warrant. The well-point installation shall be in accordance with the Item, 'Well Pointing". 00430-1 In the event that the excavation cannot be dewatered to the point where the pipe subgrade is free of mud, excessive wet soil, sand silt or day with water, a seal slab shall be used in the bottom of the excavation. Such seal slab shall consist of a lean concrete mixture in accordance with Item 00421, Structural Concrete. The seal slab shall be a Class "0", 5 sacks of cement per cubic yard with a minimum compressive strength of 1,750 P.S.I. at 7 days and 2,500 P.S.1. at 28 days. A precast seal slab may be used, provided that the joints of the seal slab do not occur at the joint of the pipe. Contractor shall have an option of using a three day cylinder break test at no expense to the City of La Porte. For unstable conditions requiring outside forms, seals, sheathing, and bracing, or where groundwater is encountered, any additional excavation in width and backfill required shall be done at the Contractor's expense. Portable trench boxes may be used in lieu of sheathing upon approval in writing by the Engineer. The trench box must be in accordance with OSHA Regulation 1926.650 (latest edition). Use of the trench box does not relieve the Contractor of any liability for damages to person or property. When a trench box is moved, the jointed pipe or in-place backfill shall not be disturbed. All materials from excavation operations not required for backfilling, if considered suitable shall be placed in embankments or wasted, in accordance with the Item "Embankment". All material not suitable for use in embankments will be declared surplus by the Engineer and shall become the responsibility of the Contractor to dispose of as he wishes. Such surplus material shall be promptly removed from the work following the completion of the portion of the sewer involved. No separate payment shall be made for disposal of this surplus material. Unless otherwise specifically approved, Contractor shall use ladder or wheel-type trench-digging machinery, except where hand methods must be employed to avoid damage to existing structures above or below ground, or where hand excavation is indicated. Engineer may limit the amount of trench opened or partially opened at any time in advance of the completed pipe laying operation and the amount of trench left unfilled. Open no more than 500 feet of trench on any street at anyone time. 430.4 Pipe Laying. No pipe shall be laid in water or when the trench conditions or weather is unsuitable for such work, unless specifically approved by the Engineer. Non-pressure concrete and vitrified day pipe shall be laid with the ends abutting and true to line and grade. Fit and lay the pipe to form a smooth and uniform invert. Laying of pipe shall commence at the lowest point, so that the spigot ends point in the direction of flow. Lay cast iron pipe on firm earthen foundation with ball ends facing the direction of laying. All other types of pipe shall be laid in accordance with the applicable provisions of this specification, or in accordance with the Special Provisions preceding this item. Cut cast iron pipe with wheel-type cutters or cold chisel. Flame cutting of cast iron pipe is not allowed. Make cuts in a neat and workmanlike manner without damage to pipe and so as to leave a smooth end at right angles to axis of pipe. Field cutting of Polyvinyl Chloride and A.B.S. type resin pipe shall be in accordance with the pipe manufacturer's recommendations. Minor deflections may be obtained in pipe joints. Contractor must obtain approval when the degree of deflection is necessary to deflect from a straight line. Where necessary to make major deflections in concrete pipe, use sections of pipe with beveled ends for deflections not greater than five degrees. For deflections greater than five degrees, use fabricated fittings for concrete pressure pipe and use cast iron fittings for cast iron pipe and asbestos-cement pipe. 00430-2 When the pipe laying operation is halted, seal the open end of the pipe with a temporary plug. Plug is to remain in place until the pipe laying operation re-commences. Standard plugs shall be inserted into bells of all dead end pipe. For gravity pipelines, use concrete a minimum of 6 inches on all sides of the pipe for encasing, embedding where indicated on the plans. 430.5 Backfilling. As soon as practicable after completion of laying and jointing of pipe, backfill the trench. Not more than 200 feet of the trench shall be left open after laying the pipe. Trenches shall be backfilled with material selected from sewer trench excavation, or obtained from other sources, shall be free from stones, which will interfere with compaction and free of large lumps which will not break down readily under compaction. Do not use material excavated in large lumps which will not break down or which cannot be spread in loose layers. Material excavated by trenching machine will generally be suitable for use as backfill. Cement stabilized sand shall be in accordance with the Item, "Cement Stabilized Sand Bedding and Backfill". In the pipe zone, when shown on the attached drawings HC430-1, HC430-2, and HC430-3, cement stabilized sand placed to the depth shown by those drawings, deposited in the trench simultaneously on both sides of the pipe for the full width of the trench and to the height shown by those drawings. Moisten if necessary and tamp in approximately 4-inch layers, thoroughly compacting under and on each side of the pipe to provide solid backing against the external surface of the pipe. Walking or working on the completed pipeline, except as necessary in tamping or backfilling, shall not be permitted until the trench has been backfilled to at least 12- inches over the top of the pipe. The cement stabilized sand shall be placed in accordance with Item 00433, "Cement Stabilized Sand". Backfill above the cement stabilized sand shall be placed as follows. For trenches under proposed pavement or through asphaltic concrete, concrete, asphalt topped concrete flexible base with asphalt topping, shell or gravel surfaces on either publiC or private roads, streets or driveways, place backfill above the cement stabilized sand in approximately 6- inch layers, moistened if necessary and thoroughly compacted to 95% of standard proctor in accordance with ASTM 0698. Tamped backfill shall be brought up to the required grade shown by drawings HC430-2 and HC430-3. Where pipe is laid through existing pavement or proposed pavement, the backfill material shall be the same as the material used in the pavement base and shall be a minimum 1'-6" in depth. For trenches through unimproved roadways, unsurfaced road shoulders or unimproved driveways, the procedures are the same as above, except that compaction above the pipe zone shall be 90% of standard proctor. For trenches located in areas other than those previously stated, and not designated for improvement, place the in-situ material, used as backfill, above the cement stabilized sand as shown by drawings HC 430-1, and HC 430-3, in approximately 6-inch layers, moistened if necessary and compacted to 90% of standard proctor density in accordance with ASTM designation 0698. For the top layer of backfill, place a sufficient amount of previously excavated material neatly rounded over the trench to allow for settlement during consolidation. The Contractor shall supply any deficiency in quantity of materials for backfilling trenches or filling depressions caused by settlement. 430.6 Restoration of Surfaces. Replace or repair sidewalks, driveway culverts, inlets, curbing, gutters, shrubbery, trees, fences, sod and other like obstructions removed or disturbed, to the condition equivalent to that existing prior to commencement of this work. Use concrete having a compressive strength of not less than 3,000 psi in 28 days for the replacement of curbing, gutters, inlets and sidewalks. 00430-3 Use reasonable care in the removal and replacement of shrubbery and trees designated to be replaced at original locations. Where at all possible, ditch alignment will be such as to minimize this work. The restoration of asphalt-topped flexible base and concrete streets shall be as specified under other items of the specifications. 430.7 Clean-Up. The Contractor shall remove from the site of the work and from public and private property temporary structures, rubbish, and waste materials, induding excess excavated materials. The Contractor is responsible for disposing of all surplus earth. The pipelaying operation shall be temporarily suspended if the dean-up is further behind than 2,000 feet. 430.8 Quality Assurance. The Testing Laboratory's representative will determine the moisture density relationship in accordance with ASTM 0698 on material secured from the trench excavation. Samples secured from the cement stabilized sand supplier shall be blended with Portland cement in accordance with the Item "Cement Stabilized Sand Bedding and Backfill Material.", and the moisture density relationship will be determined in accordance with ASTM 0558. The Testing Laboratory's representative will determine the in place density in accordance with ASTM Methods 02922 or 01556. The minimum level of testing will consist of at least one test for each 200 linear feet of trench per lift of backfill. 430.9 Measurement & Payment. Gravity pipelines shall be measured by the linear foot of pipe actually laid, at finished grade, exdusive of pipe installed in tunnel construction, special structures, boxes, manholes, or other special sections, along pipe of size and at depth installed. Measure depth at manholes, at intervals not to exceed 50 feet between manholes, and at breaks in profile of natural ground from flow line of pipe to natural ground surface over center of pipe. Payment for gravity pipeline, furnished, installed and measured as stated shall be at the contract unit price bid for the size and depth measured. Pressure pipelines shall be measured by the linear foot from the center1ine of fitting to center1ine of fitting, exdusive of pipe installed in tunnel construction, special structures or other special sections along pipe of the size and type installed. If depth of cut is shown on the proposal, measure depth at intervals not to exceed 50 feet and at breaks in profile of natural ground from flow line of pipe to natural ground surface over the center of the pipe. If the depth of cut is not shown on the proposal, no consideration shall be made for depth at which the pipe is installed. Payment for pressure pipeline, furnished, installed and measured as stated shall be at the contract unit prices for the size and type (and depth, if shown on the proposal) measured. No separate payment shall be made for concrete used for blocking, backing, encasement or embedding. Concrete used in the repairing curbs, gutters and sidewalks shall be paid for by the linear foot or square yard, as designated on the proposal form. Pay for concrete used in repairing curbs, gutters and sidewalks, measured in the contract unit price bid for "Extra Concrete" of the class installed. Street and driveway surfacing shall be paid for in accordance with the applicable item of these specifications. No separate payment shall be made for ordinary bedding and select backfill, unless so indicated on the bid form. No separate payment shall be made for any bedding and backfill installed in accordance with these specifications and the drawings attached hereto. 00430-4 Seal slabs shall be measured by the square yard installed along the centerline of the structure. Payment for class aD" concrete seal slab shall be made at the unit price bid per square yard and shall indude the price of all labor, material and equipment necessary to complete this item. 00430-5 TECHNICAL SPECIFICATIONS ITEM NO. 00708 FILTER FABRIC FENCE PART 1 . GENERAL 1.01 Description This Item describes the installation of erosion and sedimentation control filter fabric fences utilized during construction and prior to the final development of the site. 1.02 Related Work Related work as called for on PLANS or specified elsewhere in this or other TECHNICAL SPECIFICATIONS. 1.03 Submittals Manufacturers' catalog sheets and other pertinent information on geotextile fabric. PART 2 . PRODUCTS 2.01 Filter Fabric Provide woven or nonwoven geotextile filter fabric made of either polypropylene, polyethylene, ethylene, or polyamide material. Geotextile fabric shall have a grab strength of 100 psi in any principal direction (ASTM 0-4632), puncture strength exceeding 115 psi (ASTM 0-4833), and the equivalent opening size between 50 and 140 for soils With more than 15 percent by weight passing a No. 200 sieve and between 20 and 50 for soil with less than 15 percent by weight passing a No. 200 sieve; and maximum water flow rate of 40 gallons per minute per square feet (ASTM 04491). Filter fabric material shall contain ultraviolet ray inhibitors and stabilizers to provide an expected usable life comparable to the anticipated construction period. Ultraviolet stability shall exceed 70% after 500 hours of exposure (ASTM 04355). Representative Manufacturers: Marifi Inc. or equal. PART 3 . EXECUTION 3.01 General A. Provide erosion and sedimentation control systems at the locations shown on PLANS. 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. B. No dearing and grubbing or rough cutting, other than as specifically directed by the Owner to allow soil testing and surveying, shall be permitted until erosion and sedimentation control systems are in place. C. Maintain existing erosion and sedimentation control systems located within the project site installed by others prior to start of construction under this contract until acceptance of the project or until directed by the Owner to remove and discard the existing system. o. 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. 00708-1 Remove erosion and sedimentation control systems promptly when directed by the Owner. Discard removed materials offsite. E. Remove and dispose 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. Off-site disposal will be the responsibility of the Contractor. 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. If sediment has been contaminated, it needs to be disposed of in accordance with existing federal, state and local regulations. F. Unless otherwise indicated, compact embankments, excavations, and trenches by mechanically blading, tamping, and rolling soil in a maximum of 8-inch layers. Compaction density shall be at a minimum of 90 percent Standard Proctor ASTM 0-698- 78 density. Make at least one test per 500 cubic yards of embankment. G. Equipment and vehides 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. H., 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 Construction Methods A. Provide filter fabric fence systems at locations speCified on PLANS in accordance with enclosed drawing. Filter fabric fence systems shall be installed in such a manner that surface runoff will percolate through the system in sheet flow fashion and allow sediment to be retained and accumulated. B. Attach the filter fabric to 2-inch by 2-inch wooden stakes spaced a maximum of 3 feet apart and embedded a minimum of 1 foot. The wooden stakes shall be installed at a slight angle toward the source of anticipated runoff. C. Trench in the toe of the filter fabric fence with a spade or mechanical trencher so that the downward face of the trench is flat and perpendicular to the direction of flow or for V- trench configuration as shown on the attached drawing. Trench shall be a minimum of 6- inch by 6-inch. Lay filter fabric along the edges of the trench. Backfill and compact trench. D. The filter fabric should be provided in continuous rolls and cut to the length of the Silt Fence to minimize the use of joints. When joints are necessary, the fabric should be spliced together only at a support post with a minimum 6 inch overlap, and sealed securely. E. Inspect sediment filter barrier systems after each rainfall, daily during periods of prolonged rainfall, and at a minimum once a week. Repair or replace damaged section immediately to restore the requirements of this Item. Remove sediment deposits when silt reaches one-third of the height of the fence in depth. 3.03 Measurement and Payment A. Unless indicated in the PROPOSAL FORMS as a pay item, no separate payment for work performed under this Item. Indude cost of work performed under this Item in Contract prices bid for items of which this work is a component. When indicated in PROPOSAL FORMS as pay item measure and pay for the filter fabric fence by the linear feet of completed and accepted filter fabric fence between the limits of the beginning and ending of wooden stakes. Filter fabric fence, measured as stated, will be paid for at the unit price bid for "Filter Fabric Fence, Complete In Place." B. Payment for filter fabric fence will include and be full compensation for all labor, equipment, materials, supervision, and all inddental expenses for construction of these 00708-2 items, complete in place, induding, but not limited to, protection of trees, maintenance requirements, repair and replacement of damaged sections, removal of sediment deposits, and removal of erosion and sedimentation control systems at the end of construction. 00708-3 TECHNICAL SPECIFICATIONS ITEM 00725 GENERAL SOURCE CONTROLS 725.1 Description. This item describes erosion protection and sediment control related practices which must be utilized during construction operations. 725.2 Materials. Topsoil shall conform to the following requirements: TABLE NO.1 Specification Applicable Test Ph not greater than 7.6 (1) Ph (Utmus) Sand content shall not exceed 50% of oven dry (2) Sedimentation weight *Total Organic Matter 8-12% (3) Gravimetric-peroxide Readily Oxidizable Organic Matter Greater (4) Walkley-Black, or Wet Digestion than 2.5% *Use only Tests 1, 2, and 3 or Tests 1, 2, and 4. All tests shall be oven dry weight. The Contractor is required to inform the Engineer of the location of the pit or pits from which the material is to be taken. The City of La Porte shall have the right to have an independent testing laboratory test the material to determine if it meets these specifications. 725.3 Construction Methods. No clearing and grubbing or rough cutting, other than as specifically directed by the Engineer to allow for soil testing and surveying, shall be permitted until sediment control and erosion protection systems are in-place. The Contractor shall prohibit equipment and vehicles 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. Topsoil for Erosion and Sedimentation Control Systems: When topSOil is called for as a component of another item, Contractor shall conduct erosion control practices during topSOil operation. When applying topsoil, contractor shall maintain erosion and sediment control systems, such as swales, berms, dikes, and sediment basins. Contractor shall place the topsoil to the lines and grades and to the depths shown on the construction plans. After the areas to receive topSOil have been brought to grade and immediately prior to dumping and spreading the topsoil, the subgrade shall be loosened by discing or by scarifying to a depth of at least 2 inches, to permit bonding of the topsoil to the subsoil. Contractor shall compact by passing a bulldozer up and down the slope, tracking over the entire surface area of the slope to create horizontal erosion control slots. When grading, filling, and applying topsoil around trees, Contractor shall maintain the existing grade within the drip line of trees, unless otherwise indicated. 00725-1 Topsoil shall be material free of day, rock or gravel larger than 2-inches in any dimension, debris, waste, vegetation and other deleterious matter. Drainage fill shall be selected stone or gravel, graded to pass a 3-inch sieve and retained on a 1-inch sieve. No sod, seed, or other vegetation shall be placed on soil that has been treated with soil sterilants until sufficient time has elapsed to permit dissipation of toxic materials. Protection of Trees in Construction Area: Contractor shall employ protective measures to avoid damage to existing trees to be retained on the project site. Heavy equipment, vehicular traffic, and stockpiles of construction materials, including topsoil, are not permitted within 3 feet of the dripline of any tree to be retained. Contractor shall avoid all contact with trees to be retained unless otherwise directed by the Engineer or as indicated in the construction plans. Specimen trees shown on the construction plans shall be boxed or fenced for protection. Contractor shall water those trees indicated to be preserved, as required, to maintain their healthy growth during the course of construction operations. Contractor shall protect tree root systems from damage due to noxious materials in solution caused by runoff or spillage during mixing and placement of construction materials or drainage from stored materials. When called for in the construction plans, tunneling under the root system for the installation of utility lines shall be accomplished by hand digging.. Contractor shall not allow exposed roots to dry before permanent backfill is placed. Tree trunks, exposed roots, and limbs of the trees designed to be retained which are damaged during construction operations will be cared for as prescribed by a forester or a licensed tree expert at the expense of the Contractor. When directed by the Engineer, the Contractor shall extend the pruning operation to restore the natural shape of the entire tree. Main lateral roots, taproots, or old main branches shall not be cut or pruned. The Contractor shall cut branches and roots with sharp pruning instruments. He shall not break or chop branches and roots. Cuts over 1/2-inch in size shall be painted with tree pruning compound. Tree pruning compound shall be waterproof, antiseptic, elastic, and free of kerosene, coal tar, creosote and other substances harmful to trees. Dust Control: Control dust blowing and moving on construction sites and roads for erosion and sediment control, to prevent exposure of soil surfaces, to reduce on and off site property damage, to prevent health hazards, and to prevent hazardous sight conditions. Control dust blowing by utilizing one or more of the following methods: 1. Mulches bound with natural or chemical binders such as Curasol@, Terratack@, or equal, as approved by the Engineer. 2. Temporary or permanent vegetative cover. 3. Spray-on adhesive, such as Soil Master@, PennzSuppresS@, Soil Sement@, or equal, on mineral soils when not used by traffic and as approved by the Engineer. 4. Tillage to roughen surface and bring dods to the surface. 5. Irrigation by water sprinkling. 6. Barriers using solid board fences, snow fences, burlap fences, crate walls, bales of hay. or similar materials. Dust control methods shall be implemented immediately whenever dust can be observed blowing on the project site. Equipment Maintenance and Repair: Maintenance and repair of construction maChinery and equipment shall be confined to areas specifically designated for that purpose. Designated areas shall be located. designed. and 00725-2 maintained so as oils, gasoline, grease, solvents, and other potential pollutants cannot be washed into the storm sewer system or any other receiving stream. Contractor shall not allow oils, gasoline, waste fluids, and other potential pollutants to spill onto the soil or seep into the ground and groundwater. Adequate waste disposal receptacles shall be provided for liquid waste, as well as solid waste. Proper spill response measures and materials will be the responsibility of the Contractor. Designated maintenance areas shall be inspected and properly maintained daily. On a site where designated equipment maintenance and repair areas are not feasible, care shall be taken during each individual repair or maintenance operation to prevent spills of potential pollutants. All applicable federal, state, and local requirements shall be followed for the proper handling, storage, and waste disposal of oils, gasoline, grease, solvents, and other designated potential pollutants associated with the maintenance and repair of construction machinery and equipment. Waste Collection and Disposal: A plan shall be implemented for the collection and disposal of on site general trash, as well as construction debris. Disposal of waste materials shall be in accordance with applicable federal, state, and local requirements. Trash and debris shall not be allowed to overflow its receptacle or accumulate for excessively long periods of time. Receptacles shall be located where they will least likely be affected by storm water runoff. Special provisions shall be made for the collection and disposal of liquid, toxic, or hazardous materials. Sanitary Facilities: Adequate sanitary facilities shall be provided for workers. Sanitary collection and disposal shall be in accordance with applicable federal, state, and local requirements. Vehicle Washing: Construction equipment and vehicles, such as concrete trucks, shall be washed in designated areas only, as approved by the Engineer. These designated wash areas shall be designed and maintained such as to prevent runoff from leaving the site, as well as preventing the runoff from entering a storm sewer system or into a watercourse. The designated areas shall be located where the wash water will evaporate or infiltrate directly into the ground and where runoff can be collected in a temporary holding or seepage basin. Wash areas shall not be located immediately adjacent to a storm sewer system or other watercourse or near a designated jurisdictional wetland. Concrete waste shall be permitted to dry in a controlled pit, sump, or other, and the waste shall removed from the project site. Storage of Construction Materials and Chemicals: Storage of chemicals, cements, solvents, paints, pesticides, herbicides, fuels, or other potential pollutants shall be stored so that they will not be in contact with storm water runoff or cause potential leachate to the soil or groundwater. These items shall not be stored adjacent to a storm sewer system or other watercourse. Storage and use shall be in accordance with all applicable federal, state, or local requirements, as well as manufacturer's guidelines. Contractor shall have a spill response program which addresses spills of construction related hazardous and toxic materials. Demolition Areas: 00725-3 Demolition projects usually generate large amounts of dust with significant concentrations of heavy metals and other toxic pollutants. Dust control techniques shall be used to limit the transport of the airborne pollutants. Water or slurries used to control dust shall not be allowed to flow into the storm sewer system or other watercourse. Street Cleaning: Street cleaning, such as sweeping, vacuuming, or shoveling, shall be provided along project area roadways where erosion have deposited or construction traffic have tracked sediments, mud, or debris. Contractor shall inspect the roadways daily, and perform the cleaning on a daily basis, if necessary. Washing or flushing of sediments, mud, or debris into adjacent drainage systems is prohibited. Dewatering: The pumping of ponded storm water, or other waters, from the project site directly into an adjacent watercourse or storm sewer system shall not be permitted unless the water has been pretreated through a sediment basin or other method, and as approved by the Engineer. Pesticides, Herbicides, and Fertilizers: Contractor shall only use pesticides, herbicides, and fertilizers on the construction site as indicated in the construction specifications and plans or as approved the Engineer. Pesticides, herbicides, and fertilizers shall be stored, used, applied, and disposed of in accordance with manufacturer's guidelines and with local, state, and federal regulations. Contractor shall not dispose of the pesticide, herbicide, and fertilizer wastes, and containers, on site or in the storm sewer system or other watercourse. 725.4 Measurement and Payment. No separate payment shall be made for this item. The work performed under this item shall be paid for under the erosion protection and sediment control system(s) for which this work is a component part. 00725-4 CONTROL OF GROUND WATER AND SURFACE WATER SECTION 01563 CONTROL OF GROUND WATER AND SURFACE WATER PART 1 GENERAL 1.01 SECTION INCLUDES A. Dewatering, depressurizing, draining, and maintaining trench and structure excavations and foundation beds in dry and stable condition. B. Protecting work against surface runoff and rising flood waters. C. Disposing of removed water. 1.02 METHOD OF PAYMENT A. See Section 01025 - Measurement and Payment for Unit Prices. B. Subsurface investigation and groundwater control plan preparation and monitoring shall be incidental to the project and shall include subsurface investigation to identify groundwater conditions, design, install, operate, maintain, and monitor ground water control systems. C. No separate payment will be made for control of ground water and surface water except for well pointing and piezometer. Include the cost to control ground water and surface water in unit price for work requiring such controls. Dewatering required to lower water table, for utility installation, construction of structures, removal of standing water, surface drainage seepage, or to protect against rising waters or floods shall be considered incidental to Work. 1.03 DEFINITIONS A. Ground water control includes both dewatering and depressurization of water-bearing soil layers. 1. Dewatering includes lowering the water table and intercepting seepage which would otherwise emerge from slopes or bottoms of excavations and disposing of removed water. The intent of dewatering is to increase stability of excavated slopes; prevent dislocation of material from slopes or bottoms of excavations; reduce lateral loads on sheeting and bracing; improve excavating and hauling characteristics of excavated material; prevent failure or heaving of the bottom of excavations; and to provide suitable conditions for placement of backfill materials and construction of structures and other installations. 2. Depressurization includes reduction in piezometric pressure within strata not 01563-1 Page 1 of8 CONTROL OF GROUND WATER AND SURFACE WATER controlled by dewatering alone, as required to prevent failure or heaving of excavation bottom. B. Excavation drainage includes keeping excavations free of surface and seepage water. C. Surface drainage includes use of temporary drainage ditches and dikes and installation of temporary culverts and sump pumps with discharge lines as required to protect the Work from any source of surface water. D. Equipment and instrumentation for monitoring and control of the ground water control system includes piezometers and monitoring wells, and devices, such as flow meters, for observing and recording flow rates. 1.04 PERFORMANCE REQUIREMENTS A. Conduct subsurface investigations to identify groundwater conditions and to provide parameters for design, installation, and operation of groundwater control systems. B. Design a ground water control system, compatible with requirements of Federal Regulations 29 CFR Part 1926 and Section 01526 - Trench Safety Systems, to produce the following results: 1. Effectively reduce the hydrostatic pressure affecting excavations. 2. Develop a substantially dry and stable subgrade for subsequent construction operations. 3. Preclude damage to adjacent properties, buildings, structures, utilities, installed facilities, and other work. 4. Prevent the loss of fines, seepage, boils, quick condition, or softening of the foundation strata. 5. Maintain stability of sides and bottom of excavations. C. Provide ground water control systems that include single-stage or multiple-stage well point systems, eductor and ejector-type systems, deep wells, or combinations of these equipment types. D. Provide drainage of seepage water and surface water, as well as water from any other source entering the excavation. Excavation drainage may include placement of drainage materials, such as crushed stone and filter fabric, together with sump pumping. E. Provide ditches, berms, pumps and other methods necessary to divert and drain surface water from excavation and other work areas. F. Locate ground water control and drainage systems so as not to interfere with utilities, construction operations, adjacent properties, or adjacent water wells. 01563-2 Page 2 of8 CONTROL OF GROUND WATER AND SURFACE WATER G. Assume sole responsibility for ground water control systems and for any loss or damage resulting from partial or complete failure of protective measures and any settlement or resultant damage caused by the ground water control operations. Modify ground water control systems or operations if they cause or threaten to cause damage to new construction, existing site improvements, adjacent property, or adjacent water wells, or affect potentially contaminated areas. Repair damage caused by ground water control systems or resulting from failure of the system to protect property as required. H. Provide an adequate number of piezometers installed at the proper locations and depths as required to provide meaningful observations of the conditions affecting the excavation, adjacent structures, and water wells. The Owner reserves the right to limit the number of piezometers to a reasonable number governed by standard local practice. I. Provide environmental monitoring wells installed at the proper locations and depths as required to provide adequate observations of hydrostatic conditions and possible contaminant transport from contamination sources into the work area or into the ground water control system 1.05 SUBMITTALS A. Submittals shall conform to requirements of Section 01300 - Submittals. B. Submit a Ground Water and Surface Water Control Plan for review by the Engineer prior to start of any field work. The Plan shall be signed by a Professional Engineer registered in the State of Texas. Submit a plan to include the following: 1. Results of subsurface investigation and description of the extent and characteristics of water bearing layers subject to ground water control. 2. Names of equipment suppliers and installation subcontractors. 3. A description of proposed ground water control systems indicating arrangement, location, depth and capacities of system components, installation details and criteria, and operation and maintenance procedures. 4. A description of proposed monitoring and control system indicating depths and locations of piezometers and monitoring wells, monitoring installation details and criteria, type of equipment and instrumentation with pertinent data and characteristics. 5. A description of proposed filters including types, sizes, capacities and manufacturer's application reconnnendations. 6. Design calculations demonstrating adequacy of proposed systems for intended applications. Define potential area of influence of ground water control operation near contaminated areas. 7. Operating requirements, including piezometric control elevations for dewatering and depressurization. 8. Excavation drainage methods including typical drainage layers, sump pump 01563-3 Page 3 of8 CONTROL OF GROUND WATER AND SURFACE WATER application and other necessary means. 9. Surface water control and drainage installations. 10. Proposed methods and locations for disposing of removed water. C. Submit the following records upon completed initial installation: I. Installation and development reports for well points, eductors, and deep wells. 2. Installation reports and baseline readings for piezometers and monitoring wells. 3. Baseline analytical test data of water from monitoring wells. 4. Initial flow rates. D. Submit the following records on a weekly basis during operations: 1. Records of flow rates and piezometric elevations obtained during monitoring of dewatering and depressurization. Refer to Paragraph 3.02, Requirements for Eductor, Well Points, or Deep Wells. 2. Maintenance records for ground water control installations, piezometers, and monitoring wells. 1.06 ENVIRONMENTAL REQUIREMENTS A. Comply with requirements of agencies having jurisdiction. B. Comply with Texas Natural Resource Conservation Commission regulations and Texas Water Well Drillers Association for development, drilling, and abandonment of wells used in dewatering system. C. Obtain all necessary permits from agencies with control over the use of groundwater and matters affecting well installation, water discharge, and use of existing storm drains and natural water sources. Because the review and permitting process may be lengthy, take early action to pursue and submit for the required approvals. D. Monitor ground water discharge for contamination while performing pumping in the vicinity of potentially contaminated sites. PART2 PRODUCTS 2.01 EQUIPMENT AND MATERIALS A. Equipment and materials are at the option of Contractor as necessary to achieve desired results for dewatering. Selected equipment and materials are subject to review of the Engineer through submittals required in Paragraph 1.05, Submittals. B. Eductors, well points, or deep wells, where used, must be furnished, installed and operated by an experienced contractor regularly engaged in ground water control system design, installation, and operation. 01563-4 Page 4 of8 CONTROL OF GROUND WATER AND SURFACE WATER C. All equipment must be in good repair and operating order. D. Sufficient standby equipment and materials shall be kept available to ensure continuous operation, where required. PART3 EXECUTION 3.01 GROUND WATER CONTROL A. Perform a subsurface investigation by borings as necessary to identify water bearing layers, piezometric pressures, and soil parameters for design and installation of ground water control systems. Perform pump tests, if necessary to determine the drawdown characteristics of the waterbearing layers. The results shall be presented in the Ground Water and Surface Water Control Plan (See Paragraph 1.05B.I). B. Provide labor, material, equipment, techniques and methods to lower, control and handle ground water in a manner compatible with construction methods and site conditions. Monitor effectiveness of the installed system and its effect on adjacent property. C. Install, operate, and maintain ground water control systems in accordance with the Ground Water and Surface Water Control Plan. Notify Engineer in writing of any changes made to accommodate field conditions and changes to the Work. Provide revised drawings and calculations with such notification. D. Provide for continuous system operation, including nights, weekends, and holidays. Arrange for appropriate backup if electrical power is primary energy source for dewatering system. E. Monitor operations to verify that the system lowers ground water piezometric levels at a rate required to maintain a dry excavation resulting in a stable subgrade for prosecution of subsequent operations. F. Where hydrostatic pressures in confined water bearing layers exist below excavation, depressurize those zones to eliminate risk of uplift or other instability of excavation or installed works. Allowable piezometric elevations shall be defined in the Ground Water and Smface Water Control Plan. G. Maintain water level below subgrade elevation. Do not allow levels to rise until foundation concrete has achieved design strength. H. During backfilling, dewatering may be reduced to maintain water level a minimum of 5 feet below prevailing level of backfill. However, do not allow that water level to result in uplift pressures in excess of 80 percent of downward pressure produced by weight of 01563-5 Page 5 of8 CONTROL OF GROUND WATER AND SURFACE WATER structure or backfill in place. Do not allow water levels to rise into cement stabilized sand until at least 48 hours after placement. 1. Provide a uniform diameter for each pipe drain run constructed for dewatering. Remove pipe drain when it has served its purpose. If removal of pipe is impractical, provide grout connections at 50-foot intervals and fill pipe with cement-bentonite grout or cement-sand grout when pipe is removed from service. 1. Extent of construction ground water control for structures with a permanent perforated underground drainage system may be reduced, such as for units designed to withstand hydrostatic uplift pressure. Provide a means of draining the affected portion of underground system, including standby equipment. Maintain drainage system during operations and remove it when no longer required. K Remove system upon completion of construction or when dewatering and control of surface or ground water is no longer required. L. Compact backfill as per trench detail on plans. M. Foundation Beds: Maintain saturation line at least 3 feet below lowest elevations where concrete is to be placed. Drain foundations in areas where concrete is to be placed before placing reinforcing steel. Keep free from water for 3 days after concrete is placed. 3.02 REQUIREMENTS FOR EDUCT OR, WELL POINTS, OR DEEP WELLS A. For aboveground piping in ground water control system, include a 12-inch minimum length of clear, transparent piping between every eductor well or well point and discharge header so that discharge from each installation can be visually monitored. B. Install sufficient piezometers or monitoring wells to show that all trench or shaft excavations in water bearing materials are predrained prior to excavation. Provide separate piezometers for monitoring of dewatering and for monitoring of depressurization. Install piezometers and monitoring wells for tunneling as appropriate for Contractor's selected method of work. C. Install piezometers or monitoring wells not less than one week in advance of beginning the associated excavation. D. Dewatering may be omitted for portions of under drains or other excavations, but only where auger borings and piezometers or monitoring wells show that soil is pre drained by an existing system such that the criteria of the ground water control plan are satisfied. E. Replace installations that produce noticeable amounts of sediments after development. 01563-6 Page 6 of8 CONTROL OF GROUND WATER AND SURFACE WATER F. Provide additional ground water control installations, or change the methods, in the event that the installations according to the ground water control plan does not provide satisfactory results based on the perfonnance criteria defined by the plan and by the specification. Submit a revised plan according to Paragraph 1.05B. 3.03 EXCAVATION DRAINAGE A. Contractor may use excavation drainage methods if necessary to achieve well drained conditions. The excavation drainage may consist of a layer of crushed stone and filter fabric, and sump pumping in combination with sufficient wells for ground water control to maintain stable excavation and backfill conditions. 3.04 MAINTENANCE AND OBSERVATION A. Conduct daily maintenance and observation of piezometers or monitoring wells while the ground water control installations or excavation drainage are operating in an area. Keep system in good condition. B. Replace damaged and destroyed piezometers or monitoring wells with new piezometers or wells as necessary to meet observation schedule. C. Cut off piezometers or monitoring wells in excavation areas where piping is exposed, only as necessary to perform observation as excavation proceeds. Continue to maintain and make observations, as specified. D. Remove and grout piezometers inside or outside the excavation area when ground water control operations are complete. Remove and grout monitoring wells when directed by the Engineer. 3.05 MONITORING AND RECORDING A. Monitor and record average flow rate of operation for each deep wen, or for each wellpoint or eductor header used in dewatering system. Also monitor and record water level and ground water recovery. These records shall be obtained daily until steady conditions are achieved, and twice weekly thereafter. B. Observe and record elevation of water level daily as long as ground water control system is in operation, and weekly thereafter until the Work is completed or piezometers or wells are removed, except when Engineer determines that more frequent monitoring and recording are required. Comply with Engineer's direction for increased monitoring and recording and take measures as necessary to ensure effective dewatering for intended purpose. 3.06 SURFACE WATER CONTROL 01563-7 Page 7 of8 CONTROL OF GROUND WATER AND SURFACE WATER A. Intercept surface water and divert it away from excavations through use of dikes, ditches, curb walls, pipes, sumps or other approved means. The requirement includes temporary works required to protect adjoining properties from surface drainage caused by construction operations. B. Divert surface water and seepage water into sumps and'purnp.it.into drainage channels or storm drains, when approved by agencies having jurisdiction. Provide settling basins when required by such agencies. 3.06 MEASUREMENT & PAYMENT It is not anticipated that well pointing will be needed on this project. With prior approval from Engineer there will be an approved bid item in the event well pointing is required. ' END OF SECTION 01563-8 Page 8 of8 WASTE MATERIAL DISPOSAL SECTION 01564 WASTE MATERIAL DISPOSAL PART 1 GENERAL 1.01 SECTION INCLUDES A. Disposal of waste material and salvageable material. 1.02 UNIT PRICES A. No separate payment will be made for waste material disposal under this Section. fuclude payment in unit price for related work. 1.03 SUBMITTALS A. Submittals shall conform to requirements of Section 01300 - Submittals. B. Obtain and submit disposal permits for proposed disposal sites if required by local ordinances. C. Submit a copy of written permission from property owner, along with description of property, prior to disposal of excess material adjacent to the Project. Submit a written and signed release from property owner upon completion of disposal work. PART 2 PRO D U C T S - Not Used PART3 EXECUTION 3.01 SALVAGEABLE MATERIAL A. Excavated material: When indicated on Drawings, load, haul, and deposit excavated material at a location or locations shown on Drawings outside the limits of Project. B. Base, surface, and bedding material: Deliver shell, gravel, bituminous, or other base and surfacing material designated for salvage to the location designated by the Engineer. C. Pipe culvert: Deliver culverts designated for salvage to Owner's storage area. D. Other salvageable materials: Conform to requirements of individual Specification Sections. E. Coordinate delivery of salvageable material with Engineer. 01564-1 P~OP 1 of? WASTE MATERIAL DISPOSAL 3.02 EXCESS MATERIAL A. Vegetation, rubble, broken concrete, debris, asphaltic concrete pavement, excess soil, and other materials not designated for salvage, shall become the property of Contractor and shall be removed from the job site and legally disposed of. B. Excess soil may be deposited on private property adjacent to the Project when written pemrission is obtained from property owner and concurred by City. See Paragraph 1.03 C above. c. Verify the flood plain statUs of any proposed disposal site. Do not dispose of excavated materials in an area designated as within the 100-year Flood Hazard Area. D. Waste materials shall be removed from the site on a daily basis, such that the site is maintained in a neat and orderly condition. END OF SECTION Ql564-2 Rsto,," , nf? TRAFFIC CONTROL AND REGULATION Section 01570 TRAFFIC CONTROL AND REGULATION PART 1 GENERAL 1.01 SECTION INCLUDES A. Requirements for signs, signals, control devices, flares, lights and traffic signals, as well as construction parking control, designated haul routes and bridging of trenches and excavations. B. Requirement for and qualifications offlaggers. 1.02 SUBMITTALS A. Submit plan to TxDOT for approval.. 1.03 UNIT PRICES A. No separate payment for work performed as descnbed under this section. The cost for perfonning the work shall be included in the unit price bid for related items. 1.04 FLAGGERS A. Use only flaggers who are off-duty, regularly employed, uniformed peace officers. City- employed police officers shall be given preference for use for traffic control operations. B. Flaggers are required at the following locations: 1. Where multi-lane vehicular traffic must be diverted into single-lane vehicular traffic. 2. Where vehicular traffic must change lanes abruptly. 3. Where construction equipment either enters or crosses vehicular traffic lanes and walks. 4. Where construction equipment may intermittently encroach on vehicular traffic lanes and unprotected walks and cross-walks. 4. Where construction activities might affect public safety and convenience. 5. Where traffic regulation is needed due to rerouting of vehicular traffic around the work site. C. The use of Flaggers is for the purpose of assisting in the regulation of traffic flow and movement, and does not in any way relieve the contractor of full responsibility for taking such other steps and provide such other Flaggers or personnel as the Contractor may deem necessary to protect the work and the public, and does not in any way relieve the Contractor ofhis responsibility for any damage for which he would otherwise be liable. 01570-1 TRAFFIC CONTROL AND REGULATION Flaggers shall be used and maintained at such points for such periods of time as may be required to provide for the public safety and convenience of travel. Flaggers, and their use shall conform to the appropriate item of the SDHPT Standard Specifications. PART2 PRODUCTS 2.01 SIGNS, SIGNALS, AND DEVICES A. Comply with Texas State Manual on Uniform Traffic Control Devices. B. Traffic Cones and Drums, Flares and Lights: As approved by local jurisdictions. PART3 EXECUTION 3.01 PUBLIC ROADS A. Abide by laws and regulations of governing authorities when using public roads. If the Contractor's work requires that public roads be temporarily impeded or closed, approvals shall be obtained from governing authorities and permits paid for before starting any work. Coordinate activities with the Engineer. B. Contractor shall maintain at all times a 10-foot-wide all-weather lane adjacent to work areas which shall be kept free of construction equipment and debris and shall be for the use of emergency vehicles, or as otherwise provided in the traffic control plan. C. Contractor shall not obstruct the normal flow of traffic from 7:00 a.m to 9:00 a.m and 4:00 p.m. to 6:00 p.m. on designated major arterials or as directed by the Engineer. D. Contractor shall maintain local driveway access to residential and connnercial properties adjacent to work areas at all times. The Contractor shall give special consideration to maintain access by constructing temporary driveway pavement for schools, apartment complex, day care facilities, hospitals, clinics, retirement and assisted living facilities. E. Cleanliness of Surrounding Streets: 1. Keep streets used for entering or leaving the job area free of excavated material, debris, and any foreign material resulting from construction operations. F. Control vehicular parking to prevent interference with public traffic and parking, and access by emergency vehicles. G. Monitor parking of construction personnel's vehicles in existing facilities. Maintain vehicular access to and through parking areas. H. Prevent parking on or adjacent to access roads or in non-designated areas. 01570-2 TRAFFIC CONTROL AND REGULATION I. 3.02 A. B. 3.03 3.04 3.05 Notification: 1. One week notice to the City prior to implementing next approved traffic control phase. 2. Contractor will forewarn businesses of impending traffic control in their area. CONSTRUCTION PARKING CONTROL Control vehicular parking to prevent interference with public traffic and parking, access by emergency vehicles, and City's operations. Monitor parking of construction personnel's vehicles in existing facilities. Maintain vehicular access to and through parking areas. c. Prevent parking on or adjacent to access roads or in non-designated areas. FLARES AND LIGHTS A. Provide flares and lights during hours of low visibility to delineate traffic lanes and to guide traffic. HAUL ROUTES A. Utilize haul routes designated by authorities or shown on the Drawings for construction traffic. B. Confine construction traffic to designated haul routes. c. Provide traffic control at critical areas of haul routes to regulate traffic and minimize interference with public traffic. TRAFFIC SIGNS AND SIGNALS A. Construct all necessary traffic control devices including but not limited to loop detectors, traffic signal wiring and cross walk signals required to complete construction. B. Install traffic control devices at approaches to the site and on site, at crossroads, detours, parking areas, and elsewhere as needed to direct construction and affected public traffic. c. Relocate traffic signs and control devices as Work progresses to maintain effective traffic control. D. Unless otherwise approved by City, provide driveway signs with the name of business that can be accessed from the particular cross-over. Two signs will be required for each cross-over. E. Repair or replace signal control devices, detectors or cables where damage occurred due to Contractors construction efforts or operation of equipment related to paving repairs or removal. 01570-3 TRAFFIC CONTROL AND REGULATION 3.06 A. B. 3.07 3.08 BRIDGING TRENCHES AND EXCAVATIONS Whenever necessary, bridge trenches and excavation to permit an unobstructed flow of traffic. Provide steel plates that can be laid across construction areas and major drives of connnercial buisnesses. Secure bridging against displacement by using adjustable cleats, angles, bolts or other devices whenever bridge is installed: 1. On an existing bus route; 2. When more than five percent of daily traffic is comprised of connnercial or truck traffic; 3. When more than two separate plates are used for the bridge; or 4. When bridge is to be used for more than five consecutive days. c. Install bridging to operate with minimum noise. D. Adequately shore the trench or excavation to support bridge and traffic. E. Extend steel plates used for bridging a minimum of one foot beyond edges of trench or excavation. Use temporary paving materials (premix) to feather edges of plates to minimize wheel impact on secured bridging. F. Use steel plates of sufficient thickness to support H-20 loading, truck or lane, that produces maximum stress. REMOVAL A. Remove equipment and devices when no longer required. B. Repair damage caused by installation. c. Remove post settings to a depth of 2 feet. MAINTENANCE OF EQUIPMENT AND MATERIAL A. Designate individual to be responsible for maintenance of traffic handling around construction area. This individual must be accessible at all times to innnediately correct any deficiencies in equipment and materials used to handle traffic, such as missing, damaged, or obscured signs, drums, barricades, or pavement markings. Give name, address and telephone number of designated individual to the City. B. Make daily inspections of signs, barricades, drums, lamps and temporary pavement markings to verify that these are visible, and in good working order, and in conforrrnnce with TxDOT or any other entity. When not in conformance innnediate1y bring equipment and materials into conforrrnnce by replacement, repair, cleaning, relocation, and/or realignment. 01570-4 TRAFFIC CONTROL AND REGULATION C. Keep all equipment and materials, especially signs and pavement markings, clean and free of dust, dirt, grime, oil, mud or debris. D. Engineer will decide if damaged or vandalized signs, drums, and barricades can be reused. END OF SECTION 01570-5 TECHNICAL SPECIFICATION TRENCH SAFETY SYSTEM ITEM 02226 1.0 GENERAL 1.1 SCOPE This section provides for the installation and maintenance of a trench safety system that meets the minimum requirements of OSHA Safety and Health Regulations, Part 1926, subpart P. 1.2 RELATED WORK a. Division 2. Site Work (1 ) Sanitary Sewers (2) Cement-Sand Backfill (3) Storm Sewers (4) Manholes (5) Water Distribution Mains (6) Concrete Construction for Structures 1.3 MEASUREMENT AND PAYMENT a. All work performed under this section will be paid for at contract unit prices for trench safety system used/utilized based on linear feet. Unit prices shall indude all required materials, installation, maintenance, and removal of the trench safety system. b. The trench safety system shall be measured along the centerline of the excavated trench for the length of system installed. The depth shall be measured from natural ground to the bottom of the excavated trench. 1.4 QUALITY ASSURANCE a. Trench safety system shall meet the current standards established by the Occupational Safety and Health Administration (OSHA) Safety & Health Regulations, Part 1926, Subpart P - Excavations, Trenching and Shoring. b. The Engineer's Field Representative will inform the Contractor, the Owner and/or OSHA should the Representative observe actions not in accordance with OSHA regulations. Any construction not in accordance with OSHA regulations may not be eligible for payment, and any delays in construction to bring the project within OSHA regulations will not be the responsibility of the Owner or the Engineer. 02226-1 1.5 RESPONSIBILITY Contractor has the sole and exclusive responsibility for the sufficiency of the trench excavation safety systems utilized. The Contractor shall specifically agree that neither the Owner nor the Engineer has such responsibility, and Contractor will not rely on the Owner or the Engineer or any of their representatives for inspection, design, supervision, construction or any other aspect of trench excavation safety protection. --000-- 02226-2 EXCAVATION AND BAC~L FOR UTILITIES SECTION 02227 EXCAVATION AND BACKFILL FOR UTILITIES PART 1 GENERAL 1.01 SECTION INCLUDES A. Excavation, trenching, foundation, embedment, and backfill for installation of utilities. 1.02 UNIT PRICES A. No additional payment will be made for trench excavation, embedment and backfill. Include cost in the unit price for installed underground piping, sewer, conduit, or duct work. B. No separate or additional payment will be made for surface water control, or for excavation drainage. Include cost in the unit price for the installed piping, sewer, conduit, or duct work. C. Refer to Section 01025 - Measurement and Payment for unit price procedures. 1.03 DEFINITIONS A. Pipe Foundation: Suitable and stable native soils that are exposed at the trench subgrade after excavation to depth of bottom of the bedding as shown on the Drawings, or foundation backfill material placed and compacted in over-excavations. B. Pipe Bedding: The portion of trench backfill that extends vertically from top of foundation up to a level line at bottom of pipe, and horizontally from one trench sidewall to opposite sidewall. C. Haunching: The material placed on either side of pipe from top of bedding up to springline of pipe and horizontally from one trench sidewall to opposite sidewall. D. Initial Backfill: The portion of trench backfill that extends vertically from springline of pipe (top ofhaunching) up to a level line 12 inches above top of pipe, and horizontally from one trench sidewall to opposite sidewall. E. Pipe Embedment: The portion of trench backfill that consists of bedding, haunching and initial backfill. F. Trench Zone: The portion of trench backfill that extends vertically from top of pipe embedment up to pavement subgrade or up to final grade when not beneath pavement. 02227-1 EXCAVATION AND BACKFILL FOR UTILITIES G. Unsuitable Material; Unsuitable soil materials are the following: 1. Materials that are classified as MI., CL- ML, MH, PT, OR and OL according to ASTM D 2487. 2. Materials that cannot be compacted to required density due to either gradation, plasticity, or moisture content. 3. Materials that contain large clods, aggregates, stones greater than 4 inches in any dimension, debris, vegetation, waste or any other deleterious materials. 4. Materials that are contaminated with hydrocarbons or other chemical contaminants. R. Suitable Material: Suitable soil materials are those meeting specification requirements. Unsuitable soils meeting specification requirements for suitable soils after treatment with lime or cement are considered suitable, unless otherwise indicated. I. Backfill: Suitable material meeting specified quality requirements, placed and compacted under controlled conditions. J. Ground Water Control Systems: Installations external to trench, such as well points, eductors, or deep wells. Ground water control includes dewatering to lower ground water, intercepting seepage which would otherwise emerge from side or bottom of trench excavation, and depressurization to prevent failure or heaving of excavation bottom Refer to Section 01563 - Control of Ground Water and Surface Water. K. Surface Water Control: Diversion and drainage of surface water runoff and rain water away from trench excavation. Rain water and surface water accidentally entering trench shall be controlled and removed as a part of excavation drainage. L. Excavation Drainage: Removal of surface and seepage water in trench by sump pumping and using a drainage layer, as defined in ASTM D 2321, placed on the foundation beneath pipe bedding or thickened bedding layer of Class I material. M. Trench Conditions are defined with regard to the stability of trench bottom and trench walls of pipe embedment zone. Maintain trench conditions that provide for effective placement and compaction of embedment material directly on or against undisturbed soils or foundation backfill, except where structural trench support is necessary. 1. Dry Stable Trench: Stable and substantially dry trench conditions exist in pipe embedment zone as a result of typically dry soils or achieved by ground water control (dewatering or depressurization) for trenches extending below ground water level. 2. Stable Trench with Seepage: Stable trench in which ground water seepage is controlled by excavation drainage. a. Stable Trench with Seepage in Clayey Soils: Excavation drainage is provided in lieu of or to supplement ground water control systems to control seepage and provide stable trench subgrade in predominately clayey soils prior to bedding placement. 02227 -2 Page 2 of 15 EXCAVATION AND BACKFILL FOR UTILITIES b. Stable Wet Trench in Sandy Soils: Excavation drainage is provided in the embedment zone in combination with ground water control in predominately sandy or silty soils. 3. Unstable Trench: Unstable trench conditions exist in the pipe embedment zone if ground water inflow or high water content causes soil disturbances, such as sloughing, sliding, boiling, heaving or loss of density. N. Subtrench: Subtrench is a special case of benched excavation. Subtrench excavation below trench shields or shoring installations may be used to allow placement and compaction of foundation or embedment materials directly against undisturbed soils. Depth of a subtrench depends upon trench stability and safety as determined by the Contractor. O. Trench Dam: A placement oflow permeability material in pipe embedment zone or foundation to prolnbit ground water flow along the trench. P. Over-Excavation and Backfill: Excavation of subgrade soils with unsatisfactory bearing capacity or composed of otherwise unsuitable materials below top of foundation as shown on Drawings, and backfilled with foundation backfill material. Q. Foundation Backfill Materials: Natural soil or manufactured aggregate of controlled gradation, and geotextile filter fabrics as required, to control drainage and material separation. Foundation backfill material is placed and compacted as backfill to provide stable support for bedding. Foundation backfill materials may include concrete seal slabs. R. Trench Safety Systems include both Protective Systems and Shoring Systems as defined in Section 01526 - Trench Safety Systems. S. Trench Shield (Trench Box): A portable worker safety structure moved along the trench as work proceeds, used as a Protective System and designed to withstand forces imposed on it by cave-in, thereby protecting persons within the trench. Trench shields may be stacked if so designed or placed in a series depending on depth and length of excavation to be protected. T. Shoring System: A structure that supports sides of an excavation to maintain stable soil conditions and prevent cave-ins, or to prevent movements of the ground affecting adjacent installations or improvements. 1.04 SCHEDULING A. Schedule work so that pipe embedment can be completed on the same day that acceptable foundation has been achieved for each section of pipe installation, manhole, or other structures. 1.05 SUBMITTALS A. Omitted. 02227 -3 Page 3 of 15 EXCAVATION AND BACKmLLFORUTannES B. Submit a written description for infonnation only of the planned typical method of excavation, backfill placement and compaction, including: 1. Sequence of work and coordination of activities. 2. Selected trench widths. 3. Procedures for foundation and embedment placement, and compaction. 4. Procedure for use of trench boxes and other premanufactured systems while assuring specified compaction against undisturbed soil. 5. Procedure for installation of Special Shoring at locations identified on the Drawings. C. Submit a ground and surface water control plan in accordance with requirements in this Section and Section 01563 - Control of Ground Water and Surface Water. D. Submit backfill material sources and product quality infonnation in accordance with requirements of Section 02229 - Utility Backfill Materials. E. Submit a trench excavation safety program in accordance with requirements of Section 01526 _ Trench Safety System. Include designs for special shoring meeting the requirements defined in Paragraph 1.03 of Section 01526. F. Submit record oflocation of utilities as installed, referenced to survey control points. Include locations of utilities encountered or rerouted. Give stations, horizontal dimensions, elevations, inverts, and gradients. 1.06 TESTS A. Perform backfill material source qualification testing in accordance with requirements of Section 02229 - Utility Backfill Materials. B. Testing and analysis of backfill materials for soil classification and compaction during construction will be performed by an independent laboratory provided by the Owner in accordance with requirements of Section 01410 - Testing Laboratory Services and as specified in this Section. 1.07 PROTECTION A. Protect trees, shrubs, lawns, existing structures, and other permanent objects outside of grading limits and within the grading limits as designated on the Drawings, and in accordance with requirements of Section 01535 - Tree and Plant Protection. B. Protect and support above-grade and below-grade utilities which are to remain. C. Restore damaged permanent facilities to pre-construction conditions unless replacement or abandonment of facilities are indicated on the Drawings. 02227-4 Page 4 of 15 EXCAVATION AND BAC~LFORU~I~S 1.08 SPECIAL SHORING DESIGN REQUIREMENTS A. Have Special Shoring designed or selected by the Contractor's Professional Engineer to provide support for the sides of the excavations, including soils and hydrostatic ground water pressures as applicable, and to prevent ground movements affecting adjacent installations or improvements such as structures, pavements and utilities. Special shoring may be a premanufactured system selected by the Contractors Professional Engineer to meet the project site requirements based on the manufacturer's standard design. PART2 PRODUCTS 2.01 EQUIPMENT A. Perform excavation with hydraulic excavator or other equipment suitable for achieving the requirements of this Section. B. Use only hand-operated tamping equipment until a minimum cover of 12 inches is obtained over pipes, conduits, and ducts. Do not use heavy compacting equipment until adequate cover is attained to prevent damage to pipes, conduits, or ducts. C. Use trench shields or other Protective Systems or Shoring Systems which are designed and operated to achieve placement and compaction of backfill directly against undisturbed native soil. D. Use Special Shoring systems where required which may consist of braced sheeting, braced soldier piles and lagging, slide rail systems, or other systems meeting the Special Shoring design requirements. 2.02 MATERIAL CLASSIFICATIONS A. Embedment and Trench Zone Backfill materials: Conform to the classifications and product descriptions of Section 02229 - Utility Backfill Materials. B. Concrete Backfill: Conform to requirements for Class B concrete as specified in the pertinent Section. C. Geotextile (Filter Fabric): Conform to requirements of Section 02249 - Geotextile. D. Concrete for Trench Darns: Concrete backfill or 3 sack premixed (bag) concrete. E. Timber Shoring Left in Place: Untreated oak. 02227-5 Page 5 of 15 EXCAVATION AND BAC~LFORU~rnES PART3 EXECUTION 3.01 A. B. 3.02 STANDARD PRACTICE Install fleXIble pipe, including "semi-rigid" pipe, to conform to standard practice descnbed in ASTM D 2321, and as descnbed in this Section. Where an apparent conflict occurs between the standard practice and the requirements of this Section, this Section governs. Install rigid pipe to conform with standard practice described in ASTM C 12, and as described in this Section. Where an apparent conflict occurs between the standard practice and the requirements of this Section, this Section governs. PREPARATION A. Establish traffic control to conform with requirements of Section 01570 - Traffic Control and Regulation. Maintain barricades and warning lights for streets and intersections where Work is in progress or where affected by the Work, and is considered hazardous to traffic movements. B. Perform Work to conform with applicable safety standards and regulations. Employ a trench safety system as specified in Section 01526 - Trench Safety Systems. c. Innnediately notify the agency or company owning any existing utility line which is damaged, broken, or disturbed. Obtain approval from the Engineer and agency for any repairs or relocations, either temporary or permanent. D. Remove existing pavements and structures, including sidewalks and driveways, to conform with requirements of Section 02076 - Removing Existing Pavements and Structures, as applicable. E. Install and operate necessary dewatering and surface water control measures to conform with Section 01563 - Control of Ground Water and Surface Water. F. Maintain permanent benchmarks, monumentation, and other reference points. Unless otherwise directed in writing, replace those which are damaged or destroyed in accordance with Section 01050 - Field Surveying. G. PREPARATION: Complete, as incidental to construction, site preparation work including clearing and grubbing; removal and disposal of trash, rubbish, debris, and minor obstacles to construction; relocation of savable items; stripping topsoil within excavation areas, stockpiling topsoil; and, after construction, spreading topsoil over disturbed areas as required and finishing and grading surface within construction areas. 02227-6 Page 6 of 15 EXCAVATION AND BACKFILL FOR UTILITIES H. Perform a Potential Contlict Investigation at all critical locations. Locate existing utilities ahead of pipe laying activities. Notify Engineer in writing innnediately upon identification of any contlict. In the event Contractor will not be entitled to extra cost for downtime including, but not limited, payroll, equipment, overhead demobilization and remobilization. 3.03 EXCAVATION A. Except as otherwise specified or shown on the Drawings, install underground utilities in open cut trenches with vertical sides. B. Perform excavation work so that pipe, conduit, and ducts can be installed to depths and alignments shown on the Drawings. Avoid disturbing surrounding ground and existing facilities and improvements. Excavate trench so that pipe is centered in trench. Do not obstruct sight distance for vehicles utilizing roadways or detours with stockpiled materials. C. Determine trench excavation widths using the following schedule (as a minimum) as related to pipe outside diameter (O.D.) Or as shown on the drawings. Maximum trench width shall be the minimum trench width plus 24 inches. Nominal Pipe Size. Inches Less than 18 18 to 30 Greater than 30 Minimum Trench Width. Inches O.D. + 18 O.D. + 24 O.D. + 36 D. Use sufficient trench width or benches above the embedment zone for installation of well point headers or manifolds and pumps where depth of trench makes it uneconomical or impractical to pump from the surface elevation. Provide sufficient space between shoring cross braces to permit equipment operations and handling of forms, pipe, embedment and backfill, and other materials. E. Upon discovery of unknown utilities, badly deteriorated utilities not designated for removal, or concealed conditions, discontinue work at that location. Notify the Engineer and obtain instructions before proceeding. F. Shoring of Trench Walls. 1. Install Special Shoring in advance of trench excavation or simuhaneously with the trench excavation, so that the soils within the full height of the trench excavation walls will remain fully laterally supported at all times. 2. For all types of shoring, support trench walls in the pipe embedment zone throughout the installation. Provide trench wall supports sufficiently tight to prevent washing the trench wall soil out from behind the trench wall support. 02227-7 Page 7 of 15 EXCAVATION AND BACKFll..L FOR UTILITIES 3. Unless otherwise directed by the Engineer, leave sheeting driven into or below the pipe embedment zone in place to preclude loss of support of foundation and embedment materials. Leave rangers, walers, and braces in place as long as required to support sheeting, which has been cut off, and the trench wall in the vicinity of the pipe zone. 4. Employ special methods for maintaining the integrity of embedment or foundation material. Before moving supports, place and compact embedment to sufficient depths to provide protection of pipe and stability of trench walls. As supports are moved, finish placing and compacting embedment. 5. If sheeting or other shoring is used below top of the pipe embedment zone, do not disturb pipe foundation and embedment materials by subsequent removal. Maximum thickness of removable sheeting extending into the embedment zone 1 inch. Fill voids left on removal of supports with compacted backfill material. G. Use of Trench Shields. When a trench shield (trench box) is used as a worker safety device, the following requirements apply: 1. Make trench excavations of sufficient width to allow shield to be lifted or pulled freely, without damage to the trench sidewalls. 2. Move trench shields so that pipe, and backfill materials, after placement and compaction, are not damaged nor disturbed, nor the degree of compaction reduced. 3. When required, place, spread, and compact pipe foundation and bedding materials beneath the shield. For backfill above bedding, lift the shield as each layer of backfill is placed and spread. Place and compact backfill materials against undisturbed trench walls and foundation. 4. Maintain trench shield in position to allow sampling and testing to be performed in a safe manner. H. Cover: 1. Provide 24 in. Minimum cover over top of pipe where surface grades are definitely established and 30 in. in other locations. 2. Greater depth of cover may be necessary on vertical curves or to provide necessary clearance beneath pipes, conduits, drains, drainage structures or other obstructions encountered at normal pipe grades. 3. For water mains, provide 4 ft. minimum cover unless noted otherwise. 4. Measure depth of backfill cover vertically from top of pipe to finish ground or pavement surface elevations. I. Trenching: 1. Excavation for pipe stubs to be laid transversely across streets may be made with trench hoe. 2. Where surface or underground obstructions make excavation inaccessible to trenching machine, trench hoe may be used. 3. Where trench hoe is used, do not use excavated material composed of large chunks and clods for backfill. 4. No excavated material will be stockpiled along trench or on paved surfaces. Load excavated material into dump truck as trench is excavated. 02227-8 Page 8 of 15 EXCAVATION AND BACKFILL FOR UTll..ITIES 5. Topsoil excavated from the trench shall be returned to trench to be used as backfill material for the top 12 inches of the trench. 6. For trench excavations requiring cement stabilized sand backfill to subgrade of pavement, stockpiling of cement stabilized sand on pavement is not permitted. J. Voids under paving area outside shield will require removal of pavement, consolidation and replacement of pavement in accordance with Contract Documents. Repair damage resulting from failure to provide adequate supports. K. Place sand or soil behind shoring or trench shield to prevent soil outside shoring from collapsing and causing voids under pavement. Immediately pack suitable material in outside voids following excavation to avoid caving of trench walls. L. Do not use excavators with side cutters installed while working within 15 feet of pipeline company's pipeline. Use a small, rubber -tired excavator, such as a backhoe, to do exploratory excavation. Bucket that is used to dig in close proximity to pipelines shall not have teeth or shall have a guard installed over teeth to approximate a bucket without teeth. Excavate by hand within 1 foot of pipeline company's line. Do not use larger excavation equipment normally used to dig water main trench in vicinity of pipeline until all pipelines have been uncovered and fully exposed. Do not place large excavation and hauling equipment directly over pipelines unless approved by pipeline company's representative. M. Regrade adjacent ground surfaces where surfaces have been disturbed during construction operations to original and matching grades. N. Trees and shrubs designated to remain that sustain cutting or injury to roots, trunk, or limbs shall be pruned by a tree surgeon and cut or injury painted with asphaltic horticultural coating without cost to Owner. O. Perform repair on pipe in locations shown on plans/specifications. P. Where pipe is to be installed in fill, complete area fill and compaction to an elevation not less than 1 ft. above top of pipe before open-cut excavation and trenching for pipe. Q. Excavate adequate but not excessive working space and clearances for installation of work and form removal. R. Allow not less than 6 in. clearance in horizontal dimensions of excavations for outside plastering of manholes and similar structures constructed of masonry units. S. Do not undercut excavation faces for extended footings of structures. T. Excavate by hand within 2 ft. of existing utility to remain. U. BLASTING: Use of explosions will not be permitted. 02227-9 Page 9 of 15 EXCAVATION AND BAC~LFORUTILITmS V. UNAUTHORIZED EXCAVATION: Refill excavation below subgrade elevations with tamped sand, gravel, cement stabilized sand, or concrete. 3.04 HANDLING EXCAVATED MATERIALS A. Use only excavated materials which are suitable as defined in this Section and conforming with Section 02229 - Utility Backfill Materials. Place material suitable for backfilling in stockpiles at a distance from the trench to prevent slides or cave-ins. B. When required, provide additional backfill material conforming with requirements of Section 02229 - Utility Backfill Materials. C. Do not place stockpiles of excavated materials on streets and adjacent properties. Maintain site conditions in accordance with Section 01500 - Temporary Facilities and Controls. D. Dispose of unsuitable excavated materials off-site in legal manner. E. Excess excavated material shall become the property of the contractor to be disposed of off- site in a legal manner. 3.05 GROUND WATER CONTROL A. Implement ground water control according to Section 01563 - Control of Ground Water and Surface Water. Provide a stable trench to allow installation in accordance with the Specifications. 3.06 TRENCH FOUNDATION A. Excavate bottom of trench to uniform grade to achieve stable trench conditions and satisfactory compaction of foundation or bedding materials. B. Place trench dams in Class I foundations in line segments longer than 100 feet between manholes, and not less than one in every 300 feet of pipe placed. Install additional dams as needed to achieve workable construction conditions. Do not place trench dams closer than 5 feet from manholes. C. Where rock or other incompressible material is encountered, remove material to depth 6 in. below subgrade and backfill with tamped sand, gravel, or concrete. D. Reinforce trench bottoms or subgrade surfaces for concrete structures which are solid, but which become mucky on top due to construction operations with specified sand. E. Use only tamped sand, gravel, or concrete to bring fills to lines and grades indicated and for replacing unsatisfactory materials. 02227-10 Page 10 of 15 EXCAVATION AND BACKFll..L FOR UTILITIES 3.07 PIPE EMBEDMENT PLACEMENT AND COMPACTION A. Innnediately prior to placement of embedment materials, the bottoms and sidewalls of trenches shall be free ofloose, sloughing, caving, or otherwise unsuitable soil. B. Place geotextile to prevent particle migration from the in-situ into open-graded (Class I) embedment materials or drainage layers. C. Place embedment including bedding, haunching and initial backfill to meet requirements indicated on Drawings. D. For pipe installation, manually spread embedment materials around the pipe to provide mriform bearing and side support when compacted. Do not allow materials to free-fall from heights greater than 24 inches above top of pipe. Perform placement and compaction directly against the undisturbed soils in the trench sidewalls, or against sheeting which is to remain in place. E. Do not place trench shields or shoring within height of the embedment zone unless means to maintain the density of compacted embedment material are used. If moveable supports are used in embedment zone, lift the supports incrementally to allow placement and compaction of the material against undisturbed soil. F. Do not damage coatings or wrappings of pipes duringbackfi.lling and compacting operations. When embedding coated or wrapped pipes, do not use crushed stone or other sharp, angular aggregates. G. Place haunching material manually around the pipe and compact it to provide uniform bearing and side support. If necessary, hold small-diameter or lightweight pipe in place during compaction of haunch areas and placement beside the pipe with sand bags or other suitable means. H. Place electrical conduit directly on foundation without bedding. 1. Shovel pipe embedment material in place and compact it using pneumatic tampers in restricted areas, and vibratory-plate compactors or engine-powered jumping jacks in unrestricted areas. Compact each lift before proceeding with placement of the next lift. 1. Class I embedment materials. a. Maximum 6-inches compacted lift thickness. b. Systematic compaction by at least two passes of VIbrating equipment. Increase compaction effort as necessary to effectively embed the pipe to meet the deflection test criteria. c. Moisture content as determined by Contractor for effective compaction without softening the soil of trench bottom, foundation or trench walls. 2. Class IT embedment and cement stabilized sand. a. Maximum 6-inches compacted thickness. 02227-11 Page 11 of 15 EXCAVATION AND BACKFILL FOR UTILITIES b. Compaction by methods determined by Contractor to achieve a minimum of95 percent of the maximum dry density as determined according to ASTM D 698 for Class II materials and according to ASTM D 558 for cement stabilized materials. c. Moisture content of Class II materials within 3 percent of optimum as determined according to ASTM D 698. Moisture content of cement stabilized sands on the dry side of optimum as determined according to ASTM D 558 but sufficient for effective hydration. 1. Place trench dams in Class I embedments in line segments longer than 100 feet between manholes, and not less than one in every 500 feet of pipe placed. Install additional dams as needed to achieve workable construction conditions. Do not place trench dams closer than 5 feet from manholes. 3.08 TRENCH ZONE BACKFILL PLACEMENT AND COMPACTION A. Place backfill for pipe or conduits and restore surface as soon as practicable. Leave only the minimum length of trench open as necessary for construction. B. Where damage to completed pipe installation work is likely to result from withdrawal of sheeting, leave the sheeting in place. Cut off sheeting 1.5 feet or more above the crown of the pipe. Remove trench supports within 5 feet from the ground surface. C. For sewer pipes, use backfill materials described here as determined by trench limits. As trench zone backfill in paved areas for streets and to one foot back of curbs and pavements, use cement stabilized sand for pipe of nominal sizes less than 36 inches, or bank run sand for pipe of nominal sizes 36 inches and larger or as indicated on the Drawings. Uniformly backfill trenches partially within limits one foot from streets and curbs according to the paved area criteria. Use select backfill within one foot below pavement subgrade for rigid pavement. For asphalt concrete or limestone roadway, use fleXIble base material within one foot below pavement subgrade. D. For water lines, backfill in trench zone, including auger pits, with bank run sand, select fill material as specified in Section 02229 - Utility Backfill materials. E. For trench excavations under pavement, place trench zone backfill in lifts and compact by methods indicated below or as stated on the plans. Fully compact each lift before placement of the next lift. 1. Bank run sand. a. Maximum 9-inches compacted lift thickness. b. Compaction by VIbratory equipment to a minimum of 95 percent of the maximum dry density determined according to ASTM D 698. c. Moisture content within 3 percent of optimum determined according to ASTM D698 02227-12 Page 12 of 15 EXCAVATION AND BACKFILL FOR UTILITIES 2. Cement-stabilized sand. a. Place backfill in 8 in. maximum layers to achieve uniform placement and required compaction. b. Compaction by VIbratory equipment to a minimum of 95 percent of the maximum dry density determined according to ASTM D 558. c. Moisture content on the dry side of optimum determined according to ASTM D 558 but sufficient for cement hydration. 3. Select fill a. Maximum 6-inches compacted thickness. b. Compaction by equipment providing tamping or kneading impact to a minimum of95 percent of the maximum dry density determined according to ASTM D 698. c. Moisture content within 2 percent of optimum determined according to ASTM D698. d. Add backfill material as necessary where backfill settled below ground surface. F. Do not backfill with wet, mucky, or unsuitable materials or with large rocks or clods of material. G. Trench backfill above pipe embedment shall conform to requirements for type and location of pipe as shown on the drawing. H. Place backfill material to minimum depth 12 in. above pipe before ceasing backfilling operations for day. I. Base Material Backfill for Patching of Existing Pavement: Provide 12 in. of base material. J. Flooding of backfill for compaction (water tamping) is not acceptable. Obtain compaction by mechanical means which allows access to all areas of backfill. 3.09 MANHOLES, JUNCTION BOXES AND OTHER PIPELINE STRUCTURES A. Meet the requirements of adjoining utility installations for backfill of pipeline structures, as shown on the Drawings. 3.10 FIELD QUALITY CONTROL A. Test for material source qualifications as defined in Section 02229 - Utility Backfill Materials. B. Provide excavation and trench safety systems at locations and to depths required for testing and retesting during construction. C. Laboratory Quality Control by Contractor: 1. Establish optimum moisture-maximum density curve for bedding and backfill material, ASTM D 698. 02227-13 Page 13 of 15 EXCAVATION AND BAC~LFORUTILITmS a. For those soils which will not exlubit a well defined moisture-density relationship, detennine maximum and minimum index densities of the soil, ASTM D4253 and D4254, for calculation of the relative density of the soil in the field. 2. Establish optimum moisture-maximum density curve, ASTM D 698; Atterberg Limits, ASTM D 4318; and sieve analysis, ASTM D 422 for the following: a. Borrow bedding and backfill material to be used. b. Excavated material of questionable suitability for use as bedding and backfill material. 3. One optimum moisture-maximum density curve, ASTM D 698, shall be established for each significant change in materials. 4. Bedding and backfill materials which do not meet specified requirements shall be replaced with suitable materials. D. Field Quality Control by Owner 1. Laboratory density testing of trench backfill: a. One field in-place density test per 500 linear ft. of trench for each fill layer. b. One field in-place density test per 150 linear ft. of trench for each fill layer under existing or proposed paved areas and at least one test per fill layer at each road crossing. 2. Laboratory density testing of general fill: One field in-place density test per 100 cu. yds. of fill placed. 3. Field in-place density tests shall be in compliance with ASTM D 1556, ASTM D 2922, or ASTM D 2167. E. Submit minimum 10 lb. Samples of any borrow bedding and backfill material to be used to materials testing laboratory. F. Recondition, recompact, and retest at Contractor's expense if tests indicate Work does not meet specified compaction requirements. For hardened soil cement with nonconforming density, core and test for compressive strength at Contractor's expense. G. Acceptability of crushed rock compaction will be detennined by inspection. 3.11 DISPOSAL OF EXCESS MATERIAL A. Dispose of excess materials in accordance with requirements of Section 01564 - Waste Material Disposal. 3.12 POTENTIAL OBSTRUCTION INVESTIGATION A. Horizontal and vertical location of various underground lines shown on Drawings, including but not limited to water mains, gas lines, storm sewers, sanitary sewers, telephone lines, electric lines or power ducts, pipelines (petrochemical or petroleum product), concrete and debris, are based on best infonnation available but are only approximate locations. At critical 02227-14 Page 14 of 15 EXCAVATION AND BACKFILL FOR UTILITIES locations field verify horizontal and vertical locations of such lines within a zone 2 feet vertically and 4 feet horizontally of proposed main. Verify location of existing utilities prior to cormnencing construction. Use extreme caution and care when uncovering these lines. Any damage to known on unknown utilities or obstructions occurring during "Potential Obstruction Investigation" will be full responsibility of Contractor. No separate payment shall be made for perfonning such efforts. B. Prior to actual field verification phase, notify all utility companies involved and request that their respective utility lines be marked in field. If any utility or pipeline company requires their line be excavated, or exposed prior to construction, comply with that request and utilize a methodology approved by the said company in locating or exposing their lines. Provide Engineer with 48 hours notice prior to any field excavation or related work. C. Once known, unknown or potential obstructions have been uncovered, survey vertical and horizontal locations relative to project baseline and datum and plot on 12" X 18" copy of Drawings. D. Submit 12" X 18" copy of Drawing with plotted utility or obstruction location titled "Potential Obstruction Report" to Engineer before or simultaneous with pipe shop drawing submittal. E. Engineer will promptly review "Potential Obstruction Report" and approve construction of proposed main as designed or modify design if necessary. Contractor will be promptly notified of any design modifications. END OF SECTION 02227-15 Page 15 of 15 PVC PIPE SECTION 02620 PVC PIPE PART 1 GENERAL 1.01 SECTION INCLUDES A. Polyvinyl chloride pressure pipe for water distrIbution in nominal diameters 4 inches through 16 inches. B. Polyvinyl chloride sewer pipe for gravity sanitary sewers in nominal diameters 6 inches through 24 inches. C. Polyvinyl chloride pressure pipe for gravity sanitary sewers and force mains in nominal diameters 4 inches through 24 inches. 1.02 UNIT PRICES A. No separate payment will be made for PVC pipe under this section. Include cost in unit price for related item. 1.03 SUBMITTALS A. Omitted. B. Submit shop drawings showing design of new pipe and fittings indicating alignment and grade, laying dimensions, fabrication, fittings, flanges, and special details. 1.04 QUALITY CONTROL A. Submit manufacturer's certifications that PVC pipe and fittings meet requirements of this Section and A WW A C 900 or A WW A C 905 for pressure pipe applications, or the appropriate ASTM standard specified for gravity sewer pipe. B. Submit manufacturer's certification that PVC pressure pipe has been hydrostatically tested at the factory in accordance with A WW A C 900 or A WW A C 905 and this Section. C. When foreign manufactured material is proposed for use, have material tested for conformance to applicable ASTM requirements by certified independent testing laboratory located in United States. Certification from any other source is not acceptable. Furnish copies of test reports to the Engineer for review. Cost of testing shall be borne by Contractor or Supplier. 02615-1 Page 1 of5 PVC PIPE PART2 PRODUCTS 2.01 MATERIAL A. Use PVC compounds in the manufacture of pipe that contain no ingredient in an amount that has been demonstrated to migrate into water in quantities considered to be toxic. B. Furnish PVC pressure pipe manufactured from Class 12454-A or Class 12454-B virgin PVC compounds as defined in ASTM D 1784. Use compounds qualifying for a rating of 4000 psi for water at 73.4 degrees F per requirements of PPI TR3. Provide pipe which is homogeneous throughout, free of voids, cracks, inclusions, and other defects, uniform as connnercially practical in color, density, and other physical properties. Deliver pipe with surfaces free from nicks and scratches with joining surfaces of spigots and joints free from gouges and imperfections which could cause leakage. C. For PVC pressure pipe used for water mains, provide self-extinguishing PVC pipe that bears Underwriters' Laboratories mark of approval and is acceptable without penalty to Texas State Fire Insurance Connnittee for use in fire protection lines. D. Gaskets: 1. Gaskets shall meet the requirements of ASTM F 477. Use elastomeric factory-installed gaskets to make joints fleXIble and watertight. 2. Pipes to be installed in potentially contaminated areas, especially where free product is found near the elevation of the proposed sewer, shall have the following gasket materials for the noted contaminants. CONTAMINANT GASKET MATERIAL REQUIRED Petroleum (diesel, gasoline) Nitrile Rubber Other cont:lminants As recommended by the pipe manufacturer E. Lubricant for rubber -gasketed joints: Water soluble, non-toxic, non-objectionable in taste and odor imparted to fluid, non-supporting of bacteria growth, having no deteriorating effect on PVC or rubber gaskets. 2.02 WATER SERVICE PIPE A. Pipe 4-inch through 12-inch: A WW A C 900, Class 150, DR 18; nominal20-foot lengths; cast iron equivalent outside diameters. B. Pipe 16-inch: AWWA C 905; Class 235; DR 18; nominal20-foot lengths; cast iron equivalent outside diameter. C. Joints: ASTM D 3139; push-on type joints in integral bell or separate sleeve couplings. Do not use socket type or solvent weld type joints. 02620-2 PVC PIPE D. Make curves and bends by deflecting the joints. Do not exceed maxirrmm detlection recommended by the pipe manufacturer. Submit details of other methods of providing curves and bends for review by the Engineer. E. Hydrostatic Test: AWWA C 900, AWWA C 905, ANSI A21.10 (AWWA CllO); at point of manufacture; submit manufacturer's written certification. 2.03 BENDS AND FITTINGS FOR PVC PRESSURE PIPE A. Bends and Fittings: ANSI A21.1 0, ductile iron; ANSI A21.11 single rubber MJ joints; minimum 150 psi pressure rating. B. Coatings and Linings: Conform to requirements of Section 02610 - Ductile-Iron Pipe and Fittings. 2.04 GRAVITY SANITARY SEWER PIPE A. Polyvinyl Chloride (PVC) Plastic Sewer Pipe: 1. Pipe sizes 15 inches in diameter and smaller shall conform to ASTM D-3034, SDR 26. 2. Pipe sizes 18 inches in diameter and larger shall conform to ASTM F-679, F-794, SDR 26. 3. 4" pipe (service connections) and fittings: ASTM D 1785 and ASTM D-2466, Schedule 40. 4. Pipe and fittings: ASTM D-3034, Type PSM (PVC), SDR 35 or ASTM F-789. All connections including wyes, tees, stacks and stubs shall be full bodied. 5. Pipe jointing: Spigot and integral wall section bell with solid cross section elastomeric or rubber ring factory-assembled and securely locked in place to prevent displacement, ASTM D 3212. 6. Standard 13 ft. or 20 ft. plus or minus 1 in. lengths. 7. Pipe shall pass test ASTM D 2444 without shattering or splitting. 8. Pipe shall pass test ASTM D 2412, minimum pipe stiffness: 46 psi at 5% deflection. 9. Joint, assembled in accordance with manufacturer's recommendation shall pass tightness test ASTM D 3212. 10. The deflection of pipe after installation and backfill shall not exceed 5% of the average inside diameter. B. POLYVINYL CHLORIDE (PVC) PLASTIC SEWER PIPE REQUIRED FOR SEPARATION FROM WATER LINES (REFER T03.1 AND PLANS) 1. Pipe and Joints: a. Clean, virgin, Type I, Grade I polyvinyl chloride complying with ASTM D 1784. b. 6 in. and smaller pipe: A WW A C 900, DR-14, rated for 200 psi, UL listed. c. 8 in. to 12": AWWA C 900, DR-18, rated for 150 psi, UL listed or ASTM D 2241 PVC Pipe (SDR-PR), SDR 26 rated for 160 psi. d. Greater than 12" pipe: A WWA C 905 DR-25 rated for 165 psi, UL listed e. Integral bell with elastomeric or rubber solid cross section compression ring gasketedjoints complying with ASTM D 3139. 02620-3 PVC PIPE f g. Tests: Bears National Sanitation Foundation (NSF) testing laboratory seal. Cast iron o.d., ASTM D 1785 for A WW A C-900. 2. a. Each standard, random, or short length of pipe and each coupling sleeve, when manufactured from same material as pipe, shall be tested in accordance with USDC CS-272. b. Use Class 150 except pipe 6 in. or less shall be Class 200. 3. Connections ofPVC to Cast Iron Pipe, Fittings, and Valves: a. Cast iron fittings: Make connections of polyvinyl chloride pipe to cast iron fittings or gate valves in compliance with jointing methods reconnnended by pipe manufacturer. b. Fittings shall be cement lined and sealed in compliance with A WW A C 104. 2.05 SANITARY SEWER FORCE MAIN PIPE A. Provide PVC pressure pipe conforming to the requirements for water service pipe, and conforming to the minimum working pressure rating specified in Section 02731 - Sanitary Sewer Force Mains. B. Acceptable pipe joints are integral bell-and-spigot, containing a bonded-in elastomeric sealing ring meeting the requirements of ASTM F 477. In designated areas requiring restrained joint pipe and fittings, use EBAA Iron Series 2000PV, Uniflange Series 1350 restrainer, or equal joint restraint device conforming to UNI-B-13, for PVC pipe 12-inch diameter and less. C. Fittings: Provide ductile iron fittings as per Paragraph 2.03, except:furnish all fittings with one of the following internal linings: 1. Nominal 40 mils (35 mils minimum) virgin polyethylene complying with ASTM D 1248, heat fused to the interior surface of the fitting, as manufactured by American Cast Iron Pipe "Polybond", orD.S. Pipe "Polyline". 2. Nominal 40 mils (35 mils minimum) polyurethane, Cotto-pipe II by Madison Chemicals, Inc. 3. Nominal 40 mils (35 mils minimum) ceramic epoxy, Protecto 401 by Enduron Protective Coatings. D. Exterior Protection: Provide polyethylene wrapping of ductile iron fittings as required by Section 02630 - Polyethylene Wrap. E. Hydrostatic Tests: Hydrostatically test pressure rated pipe in accordance with Paragraph 2.02 E. PART3 EXECUTION 3.01 PROTECTION A. Store pipe under cover out of direct sunlight and protect from excessive heat or hannful chemicals in accordance with the manufacturer's reconnnendations. 02620-4 PVC PIPE 3.02 INSTALLATION A. Conform to requirements of Section 02730 - Gravity Sanitary Sewers and Section 02763 - Point Repairs to Sanitary Sewers, as applicable. B. Install PVC pipe in accordance with Section 02227 - Excavation and Backfill for Utilities, ASTM D 2321, and manufacturer's reconnnendations. C. Water service pipe 12 inches in diameter and smaller: Installed to clear utility lines and have minimum 4 feet of cover below lowest property line grade of street, unless otherwise required by Drawings. D. For water service, exclude use of PVC within 200 feet (along the public right-of-way) of underground storage tanks or in undeveloped connnercial acreage. Underground storage tanks are primarily located on service stations but can exist at other connnercial establishments. END OF SECTION 02620-5 SANITARY SEWER FORCE MAINS SECTION 02731 SANITARY SEWER FORCE MAINS PART 1 GENERAL 1.01 SECTION INCLUDES A. Sanitary sewer force mains. 1.02 UNIT PRICES A. See Section 01025 - Measurement and Payment. 1.03 SUBMITTALS A. Conform to requirements of Section 01300 - Submittals. B. Submit proposed methods, equipment, materials, and sequence of operations for force main construction. Plan operations to minimize disruption of utilities to occupied facilities or adjacent property. C. Submit shop drawings and design calculations for joint restraint systems using reinforced concrete encasement of pressure pipe and fittings. D. Submit test reports as specified in Part 3 of this Section. PART2 PRODUCTS 2.01 PVC PIPE A. Conform to requirements of Section 02620 - PVC Pipe. 2.02 THRUST RESTRAINT A. Unless otherwise shown on the Drawings, provide concrete thrust blocking for force mains up to 12-inches in diameter, to prevent movement of buried lines under pressure at bends. Blocking shall be Portland cement concrete, as specified in Section 03305 - Concrete for Utility Construction. Place concrete in accordance with details on the Drawings. Place thrust blocks between undisturbed ground and the fittings. Anchor fittings to thrust blocks so that pipe and fitting joints are accessible for repairs. Concrete shall extend from 6 inches below the pipe or fitting to 12 inches above. B. For all force mains, and where indicated on the Drawings, provide restrained joints conforming to the requirements of the force main pipe material specifications. Restrained joints shall be installed 02731-1 SANITARY SEWER FORCE MAINS for the length of pipe on both sides of each bend or fitting for the full length shown on the Drawings. C. Horizontal and vertical bends between zero and 10 degrees deflection angle will not require thrust blocks or harnessed or restrained joints. D. Horizontal and vertical bends between 10 degrees and 90 degrees deflection angle shall have thrust restraint as shown on the Drawings and Specification Section 02610. E. Reinforced concrete encasement of force main pipe and fittings may be used in lieu of manufactured joint restraint systems. Alternate joint restraint systems using reinforced concrete encasement shall conform to the following design requirements. 1. Design calculations shall be performed and sealed by a Professional Engineer licensed in the State of Texas. 2. Design calculations shall be based upon soil parameters quantified in the geotechnical report for the site where the alternative thrust restraint system is to be installed. If data is not available for the site, use parameters recorrnnended by the geotechnical engineer. 3. The design system pressure shall be the specified test pressure. 4. The following safety factors shall be used in sizing the restraint system: a. Apply a factor of safety equal to 1.5 for passive soil resistance. b. Apply a factor of safety equal to 2.0 for soil friction. 5. The encasement shall be contained entirely within the standard trench width and terminate on both ends at a pipe bell or coupling. 6. Concrete encasement reinforcement steel shall be designed for all loads including internal pressure and longitudinal forces. Concrete design shall be in accordance with ACI 318. PART 3 EXECUTION 3.01 PIPE INSTALLATION BY OPEN-CUT A. Perform excavation, bedding, and backfill in accordance with Section 02227 - Excavation and Backfill for Utilities. B. Wrap ductile-iron pipe and fittings with polyethylene wrap in accordance with requirements of Section 02630 - Polyethylene Wrap. Polyethylene wrap shall not be installed on ductile iron pipe protected by a cathodic protection system. C. Install pipe in accordance with the pipe manufacturer's reconnnendations and as specified in the following paragraphs. D. Install pipe only after excavation is completed, the bottom of the trench is fine graded, bedding material is installed, and the trench has been approved by the Engineer. E. Install pipe to the line and grade indicated. Place pipe so that it has continuous bearing of barrel on bedding material and is laid in the trench so the interior surfaces of the pipe follow the grades and alignment indicated. Provide bell holes where necessary. 02731-2 SANITARY SEWER FORCE MAINS F. Install pipe with the spigot ends toward the direction oftlow. Form a concentric joint with each section of adjoining pipe so as to prevent offsets. G. Keep the interior of pipe clean as the installation progresses. Where cleaning after laying the pipe is difficult because of small pipe size, use a suitable swab or drag in the pipe and pull it forward past each joint itmnediately after the joint has been completed. Remove foreign material and debris from the pipe. H. Provide lubricant, place and drive home newly-laid sections with come-a-Iong winches so as to eliminate damage to sections. Install pipe to "home" mark where provided. Use of back hoes or similar powered equipment will not be allowed unless protective measures are provided and approved in advance by the Engineer. 1. Keep excavations free of water during construction and until final inspection. J. When work is not in progress, cover the exposed ends of pipes with an approved plug to prevent foreign material from entering the pipe. K Where sanitary sewer force main is to be installed under an existing waterline with a separation distance of less than 2 feet, install one full joint length of pipe centered on the waterline and maintain a minimum 6-inch separation distance. 3.02 PIPE INSTALLATION OTHER THAN OPEN-CUT A. For installation of pipe by augering or jacking conform to requirements of specification sections for augering or jacking work. 3.03 HYDROSTATIC TESTING A. After the pipe and appurtenance have been installed, test line and drain. Prevent damage to the Work or adjacent areas. Use clean water to perform tests. B. The Engineer may direct tests of relatively short sections of completed lines to minimize traffic problems or potential public hazards. C. Test pipe in the presence of the Engineer. D. Test pipe at 150 psig or 1.5 times design pressure of the pipe, whichever is greater. Design pressure of the force main shall be the rated total dynamic head of the lift station pump. E. Test pipe at the required pressure for a minimum of2 hours according to requirements ofUNI-B- 3. F. Maximum allowable leakage shall be as calculated by the following formula: L = (S) (D) (pO.5) / 133,200 02731-3 P~o-f" ~ nf A. SAMITARYSEWERFORCENUUNS Where: L=Leakage in gallons per hour. S =Length of pipe in feet. D= Inside diameter of pipe in inches. P = Pressure in pounds per square inch. G. Correct defects, cracks, or leakage by replacement of defective items or by repairs as approved by the Engineer. H. Plug openings in the force main after testing and flushing. Use cast iron plugs or blind flanges to prevent debris from entering the tested pipeline. 3.04 PIGGING TEST A. After completion of hydrostatic testing and prior to final acceptance, test force mains longer than 200 feet by pigging to ensure piping is free of obstructions. B. Pigs: Provide proving pigs manufactured of an open-cell polyurethane foam body, without any coating or abrasives which would scratch or otherwise damage interior pipe wall surface or lining. Pigs shall be able to pass through reductions of up to 65 percent of the nOmlnal cross-sectional area of the pipe. Pigs shall be able to pass through standard fittings such as 45-degree and 90- degree elbows, crosses, tees, wyes, gate valves, or plug valves, as applicable to the force main being tested. C. Test Execution: Pigging test shall be conducted in the presence of the Engineer. Provide at least 48-hours notice of scheduled pigging of the force main prior to connnencing the test. END OF SECTION 02731-4 P~OP A. of A. H REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested December 11, 2006 Requested By: CIty Attorney Appropriation Source of Funds: Department: City ^ttgme~"~ Offi~e Account Number: Report: Resolution: Ordinance: x Amount Budgeted: Amount Requested: Exhibits: Proposed Ordinance Budgeted Item: YES NO Exhibits: Copy of Statllt~ SUMMARY AND RECOMMENDATION This item was reviewed with City Council at the November 6th Workshop. Council requested this item be placed on a future agenda. In the process of issuing citations to motor vehicle operators for parking violations, it is frequently the case that the vehicle itself is unattended and it is thereby impossible for the officer to locate the offender and personally issue the vehicle operator a citation to appear in court. In these situations the current practice of the City is to issue citations to "owner/operator" and to leave a copy of the citation attached to the vehicle. While this policy is legal it can complicate efforts at prosecuting parking violators, particularly when a case is contested in court and the State must proffer evidence that a particular person, whether it be the registered owner or not, was actually culpable. Section 545.308 of the Texas Transportation Code addresses this potential problem by providing that the governing body of a local authority can by ordinance or other order establish that in prosecutions of parking offenses there is a legal presumption that the registered owner of the illegally parked vehicle was the operator of the vehicle when the offense was committed. This is a relative new statute, added by the Legislature in September of2001, and as worded should help make prosecution of parking violations more effective - and efficient - by shifting to ticketed parking offenders the burden of overcoming the presumption that the registered owner was the actual violator. Proposed for your consideration is an ordinance amending Chapter 70, "Traffic and Vehicles", of the Code of Ordinances to add a section creating the presumption that the registered owner of a vehicle was the operator at the time of the offense, in the case of parking violations under the Subchapter G of the Transportation Code, as prescribed by Section 545.308 of the Transportation Code. Action Required bv Council: Recommendation is to approve ordinance amending Chapter 70 of the Code of Ordinances establishing presumption as to operator of illegally parked vehicles. }'r~/Ot; D~e ORDINANCE NO. 2006-Jlq~1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA PORTE AMENDING CHAPTER 70, nTRAFFIC AND VEHICLEsn, ARTICLE V, nSTOPPING, STANDING AND PARKINGn, OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY ADDING NEW SECTION 70-182, ESTABLISHING LEGAL PRESUMPTION AS TO OPERATOR OF PARKED VEHICLES IN PROSECUTION OF PARKING OFFENSES, AND AMENDING SECTIONS 70-182--70-210, nRESERVEDn, PROVIDING FOR PUBLICATION OF THE CAPTION HEREOF, 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. Chapter 70, "Traffic and Vehicles", Article V, "stopping, Standing and Parking", is hereby amended by adding new Section 70-182, which shall hereafter read as follows, to-wit: "Sec. 70-182. Presumed operator of parked vehicles. In a prosecution for an offense prohibited under Texas Transportation Code Chapter 545, Subchapter G, and relating to the stopping, standing and parking of unattended motor vehicles, it is presumed that the registered owner of the vehicle is the person who stopped, stood, or parked the vehicle at the time and place the offense occurred. State law reference authority of city to create presumption as to operator of parked car established by State law, V.T.C.A., Transportation Code ~545.308." Section 2. Chapter 70, "Traffic and Vehicles", Article V, "Stopping, Standing and Parking", "Sec. 70-182--70-210. Reserved.", is hereby amended and shall hereafter read as follows, to-wit: "Sec. 70-183--70-210. Reserved." Section 3. 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 4. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice to the passage of the ordinance by causing the caption to be published in the official newspaper of the City of La Porte at least twice within ten (10) days after the passage of the ordinance. PASSED AND APPROVED, this 1/ t.Ut day of 1':er..RJVl bet , 2006. By: CI~~d~ Alton E. Porter Mayor ATTEST: &mviwUJ~ ar a A. Gillett City Secretary APPROVED: 4/AU4 7: ,~~ claK ~ Askins r Assistant City Attorney 2 Sec. 545.307 TEXAS CRIMINAL AND TRAFFIC LAW 858 Stats. 2003 78th Leg. Sess. Ch. 1034, effective September 1, 2003. Sec. 545.307. Overnight Parking of Commercial Motor Vehicle In Residen- tial Subdivision. (a) In this section: (1) "Commercial motor vehicle" means: (A) a commercial motor vehicle, as defined by Section 522.003, and includes a vehicle meeting that definition regardless of whether the vehicle is used for a commercial purpose; or (B) a road tractor, truck tractor, pole trailer, or semitrailer, as those terms are defined by Section 541.201. (2) "Residential subdivision" means a subdi- vision in a county with a population greater than 220,000: (A) for which a plat is recorded in the county real property records; and (B) in which the majority of lots are sub- ject to deed restrictions limiting the lots to residential use. (b) After 10 p.m. and before 6 a.m., a person may not park a commercial motor vehicle or leave the vehicle parked on a street of a residential subdivision for which signs are posted as pro- vided by Subsection (c) unless the commercial motor vehicle: (1) is transporting persons or property to or from the residential subdivision or performing work in the subdivision; and (2) remains parked in the subdivision only for the period necessary to complete the trans- portation or work. (c) The residents of a residential subdivision may petition a county or municipality in which the subdivision is located for the posting of signs prohibiting the overnight parking of a commer- cial motor vehicle in the subdivision. The petition must be signed by at least 25 percent of the owners or tenants of residences in the subdivi- sion. Not more than one person for each residence may sign the petition, and each person signing must be at least 18 years of age. Promptly after the filing of a petition meeting the requirements of this subsection and subject to Subsection Cd), the county or municipality receiving the petition shall post the signs. The signs must: (1) be posted at each entrance of the subdi- vision through which a commercial motor vehi- cle may enter the subdivision or within the subdivision if there is not defined entrance to the subdivision; and (2) state, in letters at least two inches in height, that overnight parlring of a motor vehicle is prohibited in the subdivision. (d) A county or municipality receiving a peti- tion under Subsection (c) may condition the poste ing of the signs on payment by the residents of the residential subdivision of the cost of providing the signs. (e) A person commits an offense if the person parks a commercial motor vehicle in violation of Subsection (b). Cf) This section does not limit the power of a municipality to regulate the parking of commer- cial motor vehicles. (g) For the purposes ofthis section, contiguous subdivisions that are developed by the same entity or a successor to that entity and that are given the same public name or a variation of the same public name are considered one subdivision. Separation of one of the subdivisions from an- other by a road, stream, greenbelt, or similar barrier does not make the subdivisions noncon- tiguous. Leg.H. Stats. 1997 75th Leg. Sess. Ch. 173, effective September 1, 1997; Stats. 1999 76th Leg. Sess. Ch. 731, effective September 1, 1999, Ch. 1419, effective June 18, 1999. Sec. 545.308. Presumption. The governing body of a local authority, by ordinance, order, or other official action, may provide that in a prosecution for an offense under this subchapter involving the stopping, standing, or parking of an unattended motor vehicle it is presumed that the registered owner of the vehicl is the person who stopped, stood, or parked th vehicle at the time and place the offense occurred Leg.H. Stats. 2001 77th Leg. Sess. Ch. 1080 effective September 1, 2001. SUBCHAPXllR H SPEED RESTRICTIONS Sec. 545.351. Maximum Speed Re- quirement. (a) An operator may not drive at a speed greater than is reasonable and prudent under the circumstances then existing. (b) An operator: (1) may not drive a vehicle at a speed greater than is reasonable and prudent under the con- I REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: D er 11 2006 Appropriation Requested By: Source of Funds: Department: Account Number: Report: Resolution: Ordinance: Amount Budgeted: Exhibits: Ordinance Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION At the October 9,2006 meeting, a citizen addressed City Council regarding a Pooper Scooper Law. Council directed staff to prepare to workshop this item at a future Council meeting. At the November 6 City Council meeting this item was reviewed in a workshop. Council requested placement on a future agenda. Staff has prepared an ordinance amending Chapter 14, "Animals", Article 1, "In General", of the Code of Ordinances of the City requiring the owner or custodian of an animal to dispose of animal excreta deposited on public property or private property not under control. Action Required bv Council: Approve an ordinance amending Chapter 14, "Animals", Article 1, "In General", of the Code of Ordinances of the City requiring the owner or custodian of an animal to dispose of animal excreta deposited on public property or private property not under control. Approved for City Council A2enda J~f'lp6 ate ORDINANCE NO. 2006- J-t:tfJD AN ORDINANCE AMENDING CHAPTER 14, "ANIMALS", ARTICLE I, "IN GENERAL", OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY REQUIRING THE OWNER OR CUSTODIAN OF AN ANIMAL TO DISPOSE OF ANIMAL EXCRETA DEPOSITED ON PUBLIC PROPERTY OR PRIVATE PROPERTY NOT UNDER THE CONTROL, POSSESSION OR SUPERVISION OF THE ANIMAL OWNER OR CUSTODIAN; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED FIVE HUNDRED DOLLARS; CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION OF THE CAPTION HEREOF; 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. Chapter 14, "Animals", Article I, "In General II , Section 14-1, "Definitions", is hereby amended by adding in correct alphabetical sequence the following definition: "Excreta means waste material eliminated or separated off from an organism, including excretions or feces of an animal. II Section 2. Chapter 14, "Animals", Article I, "In General", is hereby amended by adding Section 14-9, "Animal waste disposal II , which shall hereafter read as follows, to-wit: "Sec. 14-9. Animal waste disposal. The owner and/or custodian of every animal shall be responsible for the sanitary disposal of, and shall dispose of, any excreta deposited by an animal under his or her control on all public property, including, but not limited to, public walks, streets, recreation area and parks, and also upon all private property not within the control, possession or supervision of said owner or custodian. II Section 3. Chapter 14, "Animals", Article I, "In General", is hereby amended by amending "Secs. 14-9 14-40 Reserved. ", which shall hereafter read as follows, to-wit: Ii "Secs. 14-10 -- 14-40 Reserved." Section 4. Any person, as defined in Section 1.07(27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Five Hundred Dollars ($500.00). Section 5. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 6. 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 7. 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 8. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give 2 notice to the passage of the ordinance by causing the caption to be published in the official newspaper of the City of La Porte at least twice within ten (10) days after the passage of the ordinance. PASSED AND APPROVED, this It!itday of~W , 2006. By: CI~ ~F ~ LA POR.TE ~~?~ Alton E. Porter Mayor ATTEST: APPROVED: C~ki?: ~ Assistant City Attorney 3 J REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: December 11, 2006 ~\'D Requested By: Michael Dolby Department: Finance Report: Resolution: Ordinance: xx Exhibits: Ordinance 2006-2918-B Exhibits: Excerpt from FY 2007 Adopted Budget & Amended Budget (Exhibit A & B) Source of Funds: N/A Appropriation Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: YES NO Exhibits: Explanations / Backup for Amendments SUMMARY & RECOMMENDATION The City Council adopted the Fiscal Year 2006-07 Budget on September 11, 2006. The Summary of Funds, which is shown below, represents the amendments which council previously approved to the FY 2006-07 Budget. (*denotes funds with current changes) Previously Original Budget Amended Budget General Fund Grant Fund Hotel/Motel Occupancy Tax Community Investment La Porte Development Corporation Tax Increment Reinvestment Zone Utility Sylvan Beach Airport La Porte Area Water Authority Golf Course Motor Pool Insurance Fund Technology Fund General Capital Improvement Utility Capital Improvement Sewer Rehabilitation Capital Improvement 1998 General Obligation Bond Fund 2000 General Obligation Bond Fund 2005 Certificate of Obligation Bond Fund 2005 General Obligation Bond Fund 2006 Certificate of Obligation Bond Fund General Debt Service Utility Debt Service La Porte Area Water Authority Debt Service $ 28,245,299 347,491 454,346 138,000 832,180 36,720 6,798,512 208,360 190,248 1,631,110 1,193,500 1,457,154 4,376,091 1,289,149 402,950 1,230,000 330,000 6,000 170,000 675,000 459,400 260,000 2,798,294 494,328 760,700 $ 28,245,299 695,223 454,346 138,000 832,180 36,720 6,798,512 208,360 190,248 1,631,110 1,193,500 1,457,154 4,376,091 1,289,149 402,950 1,230,000 330,000 6,000 170,000 675,000 459,400 260,000 2,798,294 494,328 760,700 Proposed Amended Budget $ 28,463,598 * 780,077 * 468,707 * 156,500 * 907,180 * 36,720 6,799,112 * 208,360 190,248 1,631,110 1,193,500 1,457,154 4,376,091 1,293,949 * 448,304 * 1,244,337 * 330,000 6,000 170,000 675,000 459,400 390,000 * 2,798,294 494,328 760,700 Total of All Funds $ 55,738,669 $ 54,784,832 $ 55,132,564 Action Required bv Council: Adopt Ordinance Amending Fiscal Year 2006-07 Budget for: A. $169,667 in various Funds for FY 2006 outstanding purchase orders, encumbrances and budget roll- over requests. (Approved at October 9th CC Meeting. This is formal budget amendment) B. $15,000 in the Grant Fund for a grant award from the Fireman's Fund Heritage Rewards Grant. This grant will be used to add equipment for the new ladder truck for ISO compliance and add a software piece to the dispatcher consoles that helps the documentation portion of a call. C. $18,000 in the Grant Fund for a grant award from the Rural Volunteer Fire Department Assistance Program for Coveralls. D. $120,220 in the General Fund for a transfer out to the Insurance Fund for additional funding for employee and retiree health insurance. E. $19,854 in the Grant Fund for Park Zone #5 expenditures for Spencer Landing. F. $13,000 in General Fund for transfer of CC Discretionary Funds to General CIP Fund. G. $40,354 in General CIP Fund for playground equipment purchase and installation. The breakdown of funding is as follows: $13,000 from General Fund - CC Discretionary Funds, $7,500 donation from Spencer Landing HOA and $19,854 from Grant Fund - Park Zone #5 monies. (Agreement Approved at November 6th CC Meeting) H. $5,000 in the General CIP Fund for Sylvan Beach Depot Improvements from donation from Kaneka. I. $130,000 for a transfer to move the funds budgeted for the Waste Water Treatment Plant Aeration Improvements in Fund 045 into Fund 047. This will combine the entire funds budgeted for the project into one fund. 1. $75,000 in La Porte Development Corporation Fund (4B Y2 Cent Sales Tax) to fund Hotel/Motel Study by Economic Development Corporation. Approved for Citv Council Ae:enda ., JYtt Date ORDINANCE NO. 2006-2918-8 AN ORDINANCE APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD OF OCTOBER 1,2006 THROUGH SEPTEMBER 30,2007; FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the Charter of the City of La Porte, Texas, and the Statutes of the State of Texas, require that an annual budget be prepared and presented to the City Council of the City of La Porte, Texas, prior to the beginning of the fiscal year of said City, and that a public hearing be held prior to the adoption of said Budget; and WHEREAS, the Budget for the fiscal year October 1,2006, through September 30,2007, has heretofore been presented to the City Council and due deliberation had thereon, was filed in the office of the City Secretary on July 24, 2006, and a public hearing scheduled for September 11, 2006 was duly advertised and held. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: SECTION 1: That the Budget for the City of La Porte, Texas, now before the said City Council for consideration, a complete copy of which is on file with the City Secretary and a summary of which is attached hereto by reference as Exhibit "A", is hereby amended as reflected on the amended budget summary document, attached hereto by reference as Exhibit "B", as the Budget for the said City of La Porte, Texas, for the period of October 1,2006, through September 30,2007. SECTION 2: Be it FURTHER ORDAINED, that the said City Council finds that all things requisite and necessary to the adoption of said Budget have been performed as required by charter or statute. SECTION 3: 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 4: This Ordinance shall be in effect from and after its passage and approval. PASSED AND APPROVED this the ~day of~ b~ ,2006. RTY.OF LA PORTE, TEXAS ~b:-Ptrd2- Alton Porter, Mayor ATTEST: APPROVED: ~~~ Clark Askins, Assistant City Attorney EXHIBIT A (ORIGINAL BUDGET) City of La Porte Consolidated Summary of All Funds Working Working Capital FY 06-07 FY 06-07 Capital 09/30/06 Revenues Expenses 09/30/07 Governmental Fund Types: General Fund 9,634,199 28,163,288 28,245,299 9,552,188 Grant Fund 374,900 347,491 347,491 374,900 Hotel/Motel Occupancy Tax 336,927 334,500 454,346 217,081 Community Investment 634,075 180,809 138,000 676,884 Section 4B Sales Tax 3,788,056 1,340,886 832,180 4,296,762 Tax Increment Reinvestment 171,304 46,280 36,720 180,864 Total Governmental Types 14,939,461 30,413,254 30,054,036 15,298,679 Enterprise: Utility 42,176 7,503,541 6,798,512 747,205 Sylvan Beach 129,038 208,360 208,360 129,038 Airport 337,875 45,228 190,248 192,855 La Porte Area Water Authority 1,687,721 1,344,916 1,631,110 1,401,527 Golf Course (57,847) 1,193,500 1,193,500 (57,847) Total Enterprise 2,138,963 10,295,545 10,021,730 2,412,778 Internal Service Motor Pool 2,016,511 1,853,966 1,457,154 2,413,323 Insurance Fund 847,924 4,478,020 4,376,091 949,853 Technology Fund 869,776 1,051,699 1,289,149 632,326 Total Internal Service 3,734,211 7,383,685 7,122,394 3,995,502 Capital Improvement: General 290,392 245,000 402,950 132,442 Utility 1,722,152 644,070 1,230,000 1,136,222 Sewer Rehabilitation 31,400 315,000 330,000 16,400 1998 GO Bond Fund 6,000 6,000 2000 GO Bond Fund 174,607 170,000 4,607 2002 GO Bond Fund (23,621 ) 24,000 379 2004 C/O Bond Fund 1,268,081 50,000 1,318,081 2005 C/O Bond Fund 802,453 20,000 675,000 147,453 2005 GO Bond Fund 457,947 50,000 459,400 48,547 2006 C/O Bond Fund 161,903 100,000 260,000 1,903 2006 GO Bond Fund 4,000 12,000 16,000 Other Infrastructure 657,819 41,500 699,319 Total Capital Improvement 5,547,133 1,507,570 3,533,350 3,521,353 Debt Service: General 1,702,319 2,697,580 2,798,294 1,60 I ,605 Utility 1,111,540 50,000 494,328 667,212 La Porte Area Water Authority 760,700 760,700 Total Debt Service 2,813,859 3,508,280 4,053,322 2,268,817 Total All Funds 29,173,627 53,108,334 54,784,832 27,497,129 EXHIBIT B (AMENDED BUDGET) City of La Porte Consolidated Summary of All Funds Working Working Capital FY 06-07 FY 06-07 Capital 09/30/06 Revenues Expenses 09/30/07 Governmental Fund Types: General Fund 9,634,199 28,163,288 28,463,598 9,333,889 Grant Fund 374,900 710,223 780,077 305,046 HotellMote1 Occupancy Tax 336,927 334,500 468,707 202,720 Conununity Investment 634,075 180,809 156,500 658,384 Section 4B Sales Tax 3,788,056 1,340,886 907,180 4,221,762 Tax Increment Reinvestment 171,304 46,280 36,720 180,864 Total Governmental Types 14,939,461 30,775,986 30,812,782 14,902,665 Enterprise: Utility 42,176 7,503,541 6,799,112 746,605 Sylvan Beach 129,038 208,360 208,360 129,038 Airport 337,875 45,228 190,248 192,855 La Porte Area Water Authority 1,687,721 1,344,916 1,631,110 1,401,527 Golf Course (57,847) 1,193,500 1,193,500 (57,847) Total Enterprise 2,138,963 10,295,545 10,022,330 2,412,178 Internal Service Motor Pool 2,016,511 1,853,966 1,457,154 2,413,323 Insurance Fund 847,924 4,478,020 4,376,091 949,853 Technology Fund 869,776 1,051,699 1,293,949 627,526 Total Internal Service 3,734,211 7,383,685 7,127,194 3,990,702 Capital Improvement: General 290,392 290,354 448,304 132,442 Utility 1,722,152 644,070 1,244,337 1,121,885 Sewer Rehabilitation 31,400 315,000 330,000 16,400 1998 GO Bond Fund 6,000 6,000 2000 GO Bond Fund 174,607 170,000 4,607 2002 GO Bond Fund (23,621) 24,000 379 2004 C/O Bond Fund 1,268,081 50,000 1,318,081 2005 C/O Bond Fund 802,453 20,000 675,000 147,453 2005 GO Bond Fund 457,947 50,000 459,400 48,547 2006 C/O Bond Fund 161,903 230,000 390,000 1,903 2006 GO Bond Fund 4,000 12,000 16,000 Other Infrastructure 657,819 41,500 699,319 Total Capital Improvement 5,547,133 1,682,924 3,723,041 3,507,016 Debt Service: General 1,702,319 2,697,580 2,798,294 1,601,605 Utility 1,111,540 50,000 494,328 667,212 La Porte Area Water Authority 760,700 760,700 Total Debt Service 2,813,859 3,508,280 4,053,322 2,268,817 Total All Funds 29,173,627 53,646,420 55,738,669 27,081,378 ",,~, RE UEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requeste . Requested By: Wayne J. s~tfJ Appropriation Source of Funds: N/ A Account Number: Department: Planninl! Amount Budgeted: Report: _ Resolution:_Ordinance:--X Amount Requested: N/A Exhibits: Ordinance Area Map Budgeted Item: SUMMARY & RECOMMENDATION Recent developments have generated discussion on possible controls on architectural standards or facades on buildings fronting the major corridors or thoroughfares throughout the City of La Porte. While initial discussions centered on the Main Street District as a way to facilitate interest in redevelopment of the downtown area, concern has grown over the proliferation of "metal" buildings along the City's major access ways which may detract from further development. As reviewed with Council in the January 30, 2006, retreat, current ordinances allow some controls to be included with Special Conditional Use Permits associated with uses listed as "Conditional" within certain zoning Districts and for construction within Planned Unit Developments (PUD) which usually normally follow some form of developer's agreement. No such control, however, is associated with construction of a development whose use is "permitted" within a zoning district. While the building must meet code, the City cannot apply architectural standards or facade material. Council previously approved design and construction standards for commercial and industrial buildings within TlRZ #1. The zoning ordinance, Chapter 106, Section 106-680 now requires building to be a1oo% masonry and/or glass product. Nonconforming structures must come into compliance with these standards per existing regulations in Sections 106-262 and 106-268. These Sections generally require conformity when damage or renovation is over 50% of the total value, or upon review of a nonconforming lot of record. Several cities in the area have approached this issue by writing fac;ade ordinances defining standards to be used on new construction fronting along identified thoroughfares. Typically, these ordinances mandate the use of a combination of brick, masonry and glass to a certain percentage to achieve the desired effect. After several workshops, the Planning and Zoning Commission on October 19, 2006, conducted a public hearing and received Citizen input on provisions governing building design and architectural standards for new projects along major thoroughfares in General Commercial and Industrial Zoning Districts. After some discussion, it was recommended that the proposed standards be included as footnote 8 to Section 106-443 and footnote 10 to Section 106-522 and be applicable to new construction in GC and BI along SH 146, SH 225, Fairmont parkway, West Main, Barbour's Cut Boulevard, Old Highway 146 (Broadway), Underwood Road, Bay Area Boulevard, Sens Road, Canada Road and East Main. The Planning and Zoning Commission excluded Main Street District from these provisions since that District is considering separate and distinct architectural standards. Heavy Industrial (HI) and Light Industrial (L1) Districts were not considered by the P&Z. The P&Z also recommended that a Historical District be considered for exemption. Given that that District has not been considered, as yet, for creation, the ordinance does not yet address that District and may be considered in the future. A capsulated Staff recommendation to the P&Z was as follows: . For new construction, 100% Masonry or glass on front and side walls as may be seen from any of the stated public thoroughfares. . Pre-existing buildings are exempted unless enlarged over 1/3 of the area of the building footprint. . In case of structural damage to the pre-existing building over 50% of the value, the rebuild would conform to the new standards. . Exemptions include: pre-existing buildings over 50,000 S.F.; multiple pre-existing structures and/or multiple business on a single site or parcel; existing shopping centers and business parks and franchise business with an established theme. By unanimous vote, the Planning and Zoning Commission recommends that the City Council adopt the recommended changes as stated. Action Required bv Council: I. Conduct a public hearing. 2. Consider approval of an Ordinance to adopt design and architectural standards for new construction along major thoroughfares in GC and BI zoning districts. A /R/r/~ Date f l ORDINANCE NO. 1501- ff 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 AMENDING DIVISION 3, "COMMERCIAL DISTRICT REGULATIONS", SUBDIVISION 1 , "GENERALLY", SECTION 106-443, TABLE B, "COMMERCIAL AREA REQUIREMENTS", BY ADDING FOOTNOTE 8, PERTAINING TO EXTERIOR BUILDING DESIGN STANDARDS FOR STRUCTURES LOCATED ALONG MAJOR THOROUGHFARES IN COMMERCIAL ZONING DISTRICTS; AND BY AMENDING DIVISION 4, "INDUSTRIAL DISTRICT REGULATIONS", SUBDIVISION 1, "GENERALLY", SECTION 106-522, TABLE B, "INDUSTRIAL AREA REQUIREMENTS", BY ADDING FOOTNOTE 10, PERTAINING TO EXTERIOR BUILDING DESIGN STANDARDS FOR STRUCTURES LOCATED ALONG MAJOR THOROUGHFARES IN BUSINESS INDUSTRIAL ZONING DISTRICTS; 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 19th day of October 2006, 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 changes to Chapter 106 of the Code of Ordinances, the Zoning Ordinance of the City of La Porte. 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. 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 October 19, 2006, the Planning and Zoning Commission of the City of La Porte met in regular session to consider possible changes to Chapter 106 of the Code of Ordinances, the Zoning Ordinance of the City of La Porte, which were the subject of such public hearing. The ORDINANCE NO. 1501- ~ Page 2 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 November 16, 2006, a true copy of which letter is attached hereto as Exhibit "C", incorporated by reference herein and made a part hereof for all purposes. 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 changes to the ordinance and the recommendation of the Planning and Zoning Commission on the 11thday of December, 2006, at 6:00 p.m., and pursuant to due notice, to consider the recommendation of the Planning and Zoning Commission regarding the possible changes to the ordinance. 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 regarding the amendments to the Zoning Ordinance by adding Exterior Building Design Standards, to wit: Footnote 8 to Section 106-443, Table B, Commercial Area Requirements and Footnote 10 to Section 106-522, Table B, Industrial Area Requirements, for new construction along major thoroughfares in General Commercial (GC) and Business Industrial (BI) zoning districts as shown on Exhibit "F", attached hereto and fully incorporated in this ordinance as if set forth herein verbatim. 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 ORDINANCE NO. 1501- K5 Page 3 declares that the amendments to the City of La Porte Zoning 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 11% day of {)etept~, 2006. CITY OF LA PORTE BY:~~~~ ALTON PORTER, Mayor ATTEST: B APPROVED: By: ~r~ CLARK ASKINS, Assistant City Attorney THE ST ATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the La Porte Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 19th day of October, 2006, in the Council Chambers of the City Hall, 604 W. Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider amendments to the Zoning Ordinance of the City of La Porte, pertaining to Exterior Building Design Standards for all commercial buildings located both in General Commercial and Business Industrial zoning districts along major thoroughfares in the City of La Porte. A regular meeting of the Planning and Zoning Commission will follow the public hearing for the purpose of acting upon the public hearing items and to conduct other matters pertaining to the Commission. Citizens wishing to address the Commission pro or con during the public hearing will be required to sign in before the meeting is convened. CITY OF LA PORTE Martha Gillett, TRMC, CMC 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 iriformation. smHlsrr 1\ PUBLIC NOTICES" IUI/OW me PUOIIC nelirtng forthe purpose of. aqing upon the' p1,Jblic hearing items and to conduct other mailers. . pertaining to . the : Commission. 281-471-1234 Fax 281-471-5763 THE STATE OF TEXAS COUNTY OF HARRIS Cliy OF LA PORTE NOTICE Of PUBLIC HEAFlING Citizens wishing to address . the Com mis- , sion' pro or eon during the public hearing will. be re~ quired to sign in before the meeting is convened. . .re Sun In .' accordance Nith the proviliions of See- :ion 106-171 pf the Code )f Ordinances of the .. ity-. )~La Porte,andthe p i-..' CMC ~ons of the Texas L /... City Secretary ~Overf1ment c~. .noti >~. ...........'..:. '.' sMr~bygive i I)a he.<', i":.'. ~orte P/.an~g doni ......... "u'" ..::O'.f....'.C' "ty",-.- " """" . . ... ...... . ' , '-...vl-mc/ ;,.ornm..ls~IOl'1il . uCt1,......... ....... '.'.".',";'. ':.'."'~~""""'" '. ','" lubrch'" t6' 'OO""M' .i ....' ',.' ..'f7J.ay,lJt:1,present., ; '.....Ew'n ..,: .F>>- "'" 'pndpai1i4ipate:;n'disCiJF ,n,the,19th.. ,of <>C. .to-. ...".....",.,....'A.'. ......... .;;,.~.....';,.,..:.,:.........,.v;......"". .., '200' . "'. i....'. slons''1l!.npfl:thls,mf1etmg, ~r, . 61 In Ihe9()unctl. ol'/ever' noaetion 'Will be ,hllmber~ ,.otlheC1tYHCil/l .kiihiJyCouneil;' ., 94~'fa'I'(Q.o~t Parkway;" ',. . . ~P9r1e.I~~B;~..T,tJ~ pUr~'..,\.. .", >. ()~e. .ofJ9i,S' h,ea[ing . is)OTbjsfaeiJityht1.s.dI~bilitY . :)n~lder.amer~l1)ents .toacqommodatiof1s,;:avajJa~. I~ , Z.Onl~g ~PWlnance qfble. ". ReqLJe~tsforaccom~' I~ ptty. ~f .~a:Porte,.~er- modations.. or J;.,teipretiv~ Untpgt()Exte!lorBulldlng;selViees' ..... 'st' meetings eSlgn.~!a!ld~r.d~ AOt.all should be made 48 hours )mm~rClal b;utlcl,ogslo- .' prior '.totM'm~etlng. lIed .' b~th.. In.. G~netaIPJe~se eontact9itySecre~ oll1m~rcl~I;<l~d '. BU~ln~ss..>!aty's()ffice. . ~.t(281)471.. c;!U~~IJCiI!H~9111I1g .. ~1~lnRt~ ;:'5Q2():or:I{){) :/..ini1 (2811 .... . oog ~aJor.t~oroughfares 47.1-5030 forriJitherinfor- '.' the City of L~ Porte. ..... . mation. ' I . ..................'j...i./ '" .......... ..... .....A:.r'gular m~el.d } of the.. P,lanning and 'oing Com(llissi.on.. will . '"" f , 'I .,1 ~ ned authority, on this date came and duly authorized representative of The ekly newspaper published and generally ILa Porte, Harris County, Texas and who rears the attached notice was published in IIO-i./-Dh . ~ . '-' .',- ,':...:: Lisa Godfrey Sworn and subscribed before me this /!Joutm h<lr ,2006. d:<'7~ day of, ~~~ " <{ I 10 arolyn Kellogg . - -- Notary Public Harris County, Texas KAROLYN KEllOGG MY COMMISSION EXPIRES April 11,2010 My Commission Exprires April 11 , 2010 IXHtf:lrr 'Q .:;,J City of La Porte Established 1892 November 16, 2006 Honorable Mayor Alton Porter and City Council City of La Porte Re: Zoning Ordinance Amendment - Exterior Building Design Standards Dear Mayor Porter and Council: The La Porte Planning and Zoning Commission, during a regular meeting on October 19, 2006, held a public hearing to consider amendments to the Zoning Ordinance (Chapter 106), by amending Section 106-443, Table B, Commercial Area Requirements and Section 106-522, Table B, Industrial Area Requirements, and by adding footnotes to these Sections, Exterior Building Designs, for new buildings in General Commercial (GC) and Business Industrial (BI) zoning districts along major thoroughfares in the City of La Porte. The Planning and Zoning Commission, by a unanimous vote (5-0), recommends approval of the Zoning Ordinance amendments related to Exterior Building Design Standards with the stipulation to exclude the Main Street District and the future Historical District from these requirements. Respectfully Submitted, -PcJ{Ji~ Pat Muston Chairperson, Planning and Zoning Commission c: John Joerns, Acting City Manager John Armstrong, Assistant City Attorney Planning and Zoning Commission 604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 1XH1Bri C THE ST ATE 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 11th day of December, 2006, in the Council Chambers of the City Hall, 604 W. Fainnont Parkway, La Porte, Texas. The purpose of this hearing is to consider amendments to the Zoning Ordinance of the City of La Porte, pertaining to Exterior Building Design Standards for new commercial buildings within General Commercial and Business Industrial zoning districts along major thoroughfares in the City of La Porte. A regular meeting of the City Council will follow the public hearing for the purpose of acting upon the public hearing items and to conduct other matters pertaining to the Council. Citizens wishing to address the Council pro or con during the public hearing will be required to sign in before the meeting is convened. CITY OF LA PORTE Martha Gillett, TRMC, CMC 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 iriformation. i1!N. .. ..u"U;;)~1:' u, r~.l,,~t ~\ } VI UIU"I<:tIl<.;t1~ 01 'ule vi!}'" ,of La Porte, and 1I1e, provi- sions of the T~as ,Local Government Code, notice is hereby given that the La Porte City Council will con- 281-471-1' duct a public hearing at · 6:00 P.M.,onthe 11th day Fax 281-471. of December, 2006, in the Council Chambers of the City Hall, 604 W. Fairmont Parkway; La Porte, Texas. S The purpose of this hear- ing is to consider amend- U ments, to the Zoning Ordi- nance of the City of La Porte, pertaining to Exteri- or Building Design Stand- ards for new commercial buildings within General Commercial a d Business Industrial zom g . districts along major th roughfares ~~~Ei>;E~~~s \.~~~~i~ Before me, the undersign~d authority, on this date Carr;titems'alid to cond t other appeared Lisa Godfrey, a duly authorized representative '~~~~~f,. pertaining 10 the Bayshore Sun, a semi-weekly' newspaper published and gf distributed in the City of La Porte Harris County Texas al. , Citizens wishing . '. ' .:0 to address the Council pro after being duly sworn, swears the attached notice was pubh('or con during the public The Bayshore Sun dated / J-l q -D~ ~~/~i~~ri~gb~~~r~et~:q~~~~j~~ ~i,)iS convened. ,.~ _.,.1: 820 S. 8th Street La Porte, Texas 77571 TheB 'l."'~e ~~*= ~~ '" CITY OFLA PORTE Lisa Godfrey Martha Gillett, TRMC, CMC City Secretary ~h1 ~:~':;> ~:(;. ~tl~J1jI~ Karolyn Kellogg Notary Public Harris County, Texas ,A quorum of City COUncil "'. members' may be present ; and participate in discus- $ions during this meeting, however, no' action will be takenby Council, Sworn and subscribed before me this ,/(/0 vemh er ,2006. 'his facility. has disability commodations. availa- e.Reque,sts for ;lccom- odationsor , interpretive nt/ces ,'at 'meetings shQuld be made.48 hours prior . to the meeting. Please contact City Secre: ;F"tary's office at (281) 471- (5020 or TOD Line (281) ;/",,,,,,,;c;,',i' ,..,.,"',471-5030 for further infor- In.f''';,ae<:9rdance','.....mation. "Br,Qxl~i9i'i!>;pf~~cJ;/' ' ~7nf 9fj!h:~;,G9de '; ; ~ ;')>;:~~f.i,;,,~}::i:'J .' ".,yh~'. ,C/o. ,:, ;"<-" ~ My Commission Exprires April 11 , 2010 .. .... H AA'" ~ ~' hi,~ r ',~ ~,,"&-,,,,,, ....,..1 Sec. 106-443. Table B, commercial area requirements. (a) Table B, Commercial area requirements. TABLE INSET: Adjacent to Minimum Minimum Residential Maximum Maximum Yard Minimum Bldg. Uses Landscaping Lot Setbacks Yard Height Design Required Coverage F.R.S. Setback (feet) Standards 5 1.3. 4. 6. 7 7 8 F.R.S. 2, 6 R-3 uses (permitted) except residential single-family, detached Density Intensity Regulations Specified in Table B, area and special1ot, duplexes, 6% requirements, section 106-333 quadruplexes, townhouses, and multifamily CR Comm. Recreation Dist.; all permitted or conditional NC Neighborhood Comm.; all 6% 50% 20-10-0 20-10-10 N/A permitted or conditional GC General Comm.; all permitted 100% 6% 40% 20-10-0 20-20-10 N/A Masonry or conditional Footnote 8 Same as Outside sales or services N/A N/A 5-5-5 principle N/A use Same as See section Outside storage N/A N/A 20-10-5 principal 1 06-444(b) use Freestanding on-premises signs See article VI! of this chapter Freestanding on-premises signs located in controlled access See article VII of this chapter highway corridors Main Street 6% 60% *-20-5 *-0-0 TBD Main Street Overlay N/A 80% 0-20-0 N/A TBD (b) Footnotes to Table B. 1 A minimum landscape setback of 20 feet will be required adjacent to all designated conservation areas. Buildings, parking areas, loading docks, outside storage, and refuse containers will not be allowed in such setback areas. A planting plan is required to be submitted and approved by the enforcing officer. These areas are to be landscaped with trees, shrubs, and groundcover. Required landscaping must be maintained by the property owner and/or occupant. 2 Screening is required in conformance with section 106-444(a). 3 All yards adjacent to public right-of-way must be a minimum often feet. 4 The minimum setback adjacent to any utility easement shall be three feet. 5 See article V, division 4 of this chapter for additional requirements. 6 No sign shall be located in a sight triangle so as to obstruct traffic visibility at a level between three feet and six feet as measured above adjacent road grade. 7 Within the Main Street District the front yard is the average of the existing structures on that side of the street on the same side of the street or the setback of the closest structure on an adjacent lot. This applies to the primary structure only. Any accessory buildings must be a minimum of six feet from the main structure, but may be zero feet from any lot lines. Within the Main Street District and Overlay, maximum height is yet to be determined. 8 a) Minimum exterior wall standards shall be one hundred percent (100%) masonry or glass. Front and side walls, which may be seen from any public thoroughfare, excluding doors, windows, and window walls, shall be constructed of brick, stone, masonry, or pre-cast concrete panels. b) Existing buildings shall also conform to this requirement upon expansion of over one third (1/3) of an area of improvement/development. c) In case of structural damage to the front of the building due to fire, flood or other reasons, and the cost of redevelopment is in excess of 50% of the value, the structure shall conform to the above requirements. d) These provisions shall apply to all new developments and buildings located adjacent to and along the following thoroughfares, roadways, and collector streets: State Highway 146; State Highway 225; Fairmont Parkway; West Main Street; Spencer Highway; Barbour's Cut Boulevard; North and South Broadway Streets (Old Highway 146); Underwood Road; Bay Area Boulevard; Sens Road; Canada Road; and East Main Street. e) The following are exempt from the above requirements, unless otherwise required by applicable building codes. i) Any pre-existing building that contains a single business or multiple businesses and has a footprint of over 50,000 square feet. ii) Multiple pre-existing buildings and/or multiple pre-existing businesses on a single site or parcel of land. iii) Existing shopping centers and business parks. iv) Franchise business with an established theme. v) All existing and new developments located within the Main Street District. .- Sec. 106-522. Table B, industrial area requirements. (a) Table B, industrial area requirements. TABLE INSET: Adjacent to Minimum Maximum Minimum Residential Yard Minimum Maximum Bldg. Landscaping Lot Setbacks Yard Height Design Uses Requirements Coverage F.R.S. Setback (feet) Standards (percent) (percent) (feet) F.R.S. 6,1,8 In 4.9 1,3,5 (feet) 2, 5 Bl business-industrial park; all 6 50 50-40-30 50-40-30 N/A 100% permitted or conditional Masonry Footnote 10 LI light industrial district; all 6 70 20-10-10 30-50-50 N/A permitted or conditional Same as Loading docks N/A N/A 130-130- principal N/A 130 use plus ]30 ft. Same as Section 106- Outside storage N/A N/A 20-10-5 principal 444(b) use Truck stops ]5 50 50-40-30 50-40-30 Shipping containers 6 N/A 50-50-30 100-150- 36 150 On- and off-premises See article VII of this chapter freestanding signs Freestanding on-premises signs located in controlled access See article VII of this chapter highway corridors (b ) Footnotes. 1. A minimum landscape setback of 20 feet will be required adjacent to all designated conservation areas. Buildings, parking areas, loading docks, outside storage, and refuse containers will not be allowed in such setback areas. These areas are to be landscaped with trees, shrubs, and ground cover, with a planting plan required to be submitted and approved by the enforcement officer. Required landscaping must be maintained by the property owner and/or occupant. 2. No buildings, parking areas, loading docks, outside storage, or refuse containers will be allowed in such setback areas. These areas are to be landscaped with trees, shrubs 3. Side and rear yard setbacks may be reduced to zero if adjacent to railroad right-of- way, or rail service spurs. 4. See article V, division 4 of this chapter for additional requirements. 5. No sign shall be located in a required sight triangle in such a manner as to obstruct traffic visibility at a level between three feet and six feet as measured above adjacent road grade. 6. Height restrictions may be modified as a conditional use, provided that no modification of height restrictions may occur adjacent to property zoned residential or commercial. Provided further that no modification shall be permitted if said modification would pose a danger to life or property. 7. Shipping containers are permitted to be stacked up to four containers in height. 8. Shipping containers will be stacked in a 'pyramid' appearance along the front of the site. The initial row shall not exceed two containers in height, with each successive interior row gaining one container in height to a maximum of four containers in height. For the sides beyond the front area, the 'pyramid' appearance shall not be required. 9. Landscaping/screening will be required adjacent to residential area. 10. a) Minimum exterior wall standards shall be one hundred percent (100%) masonry or glass. Front and side walls, which may be seen from any public thoroughfare, excluding doors, windows, and window walls, shall be constructed of brick, stone, masonry, or pre-cast concrete panels. b) Existing buildings shall also conform to this requirement upon expansion of over one third (1/3) of an area of improvement/development. c) In case of structural damage to the front of the building due to fire, flood or other reasons, and the cost of redevelopment is in excess of 50% of the value, the structure shall conform to the above requirements. d) These provisions shall apply to all new developments and buildings located adjacent to and along the following thoroughfares, roadways, and collector streets: State Highway 146; State Highway 225; Fairmont Parkway; West Main Street; Barbour's Cut Boulevard; Spencer Highway; North and South Broadway Streets (Old Highway 146); Underwood Road; Bay Area Boulevard; Sens Road; Canada Road; and East Main Street. e) The following are exempt from the above requirements, unless otherwise required by applicable building codes. i) Any pre-existing building that contains a single business or multiple businesses and has a footprint of over 50,000 square feet. ii) Multiple pre-existing buildings and/or multiple pre-existing businesses on a single site or parcel of land. iii) Existing shopping centers and business parks. iv) Franchise business with an established theme. (Ord. No. 1501-X, S 5, 12-16-96; Ord. No. 1501-BB, S 6, 9-15-98; Ord. No. 1501-II, S 6, 3-27-00; Ord. No. 1501-FFFF, S 7(Exh. F), 2-28-05; Ord. No. 1501-0000, S 7(Exh. F), 6-27 -05) ~. REQUEST FOR CITY COUNCIL AGENDA ITEM Report: X Resolution: Ordinance: 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: Ordinance p & Z Staff Report Aerial Map Zoning Map Public Notice Responses SUMMARY & RECOMMENDATION The Planning and Zoning Commission, during their November 16,2006, meeting, held a public hearing to receive citizen comments regarding Rezone Request #R06-003. The request was made by the property owner of TRS 692C, 693B, 706, and 707, La Porte Outlots, William M. Jones Survey, A-482, La Porte, Harris County, Texas. The subject tract (17.7717 acres) is located to the east of Canada Road and 1000' north of Fairmont Parkway. Currently, the property is zoned Medium Density Residential (R-2). The property is in the vicinity of an existing warehouse/storage facility, a mobile home park, single-family residential subdivisions across the Harris County Flood Control District ditch, and the City's 33 acres of land for proposed Westside Park. Last year, approximately 35 acres of land just south of the subject tract, located at the intersection of Canada Road and Fairmont Parkway, was also rezoned trom Medium Density Residential (R-2) to General Commercial (GC). The Buxton Study, a commercial study on La Porte, along with the widening of Canada Road (100'ROW) project, has prompted the owner/developer to re-evaluate development options and consider providing commercial/retail at this intersection. Earlier, the City of La Porte selected three sites to be analyzed and ranked for possible retail development, revitalization, in order to attract commercial developments in the area. The Study recommended and the Council selected Canada Road/Fairmont Parkway intersection as the best retail potential site based upon Canada Road eventually being expanded and put through to the south. Commercial activities and tax components are to be favorably considered while reviewing this rezone request. The subject site is hampered by the pipeline easement and requires a creative design for land development. The tract in question is suitable for commercial classification and the property is naturally buffered by a drainage easement and channel as well. Harris County Flood Control District channel (l50'ROW) to the east of the subject tract would provide adequate buffer and open space to minimize any adverse effects of commercial activities on adjacent residential development (Pecan Crossing Subdivision). In addition, landscaping/screening adjacent to the channel shall be required to minimize any noise impact to the abutting residential uses. Ordinances require that parking lot lighting must be arranged so as to deflect lights away trom any adjoining residential zone or trom public right-of-way, in compliance with Section 1060521 (a) of the Code of Ordinances. As required by Ordinance, Eighteen notices of public hearing were mailed to property owners within 200' of the site. Three responses were received (I Favor, 2 Opposed). Two individuals, who initially opposed the measure, withdrew their opposition after hearing the staff report and presentation made during the Planning and Zoning Commission meeting. Granting this requested change should not be contrary to the goals and objectives of the La Porte Comprehensive Plan. The Planning and Zoning Commission, by a unanimous vote (7-0), recommends City Council approval of Rezone Request #R06-003. Action Required bv Council: 1. Conduct public hearing. 2. Consider Planning and Zoning Commission recommendation to approve Rezone Request #R06-003, for TRS 692C, 693B, 706, and 707, La Porte Outlots, rezoned trom Medium Density Residential (R-2) to General Commercial (GC). Approved for City Council Ae:enda /-0/"";.: terim City Manager Date ORDINANCE NO. 1501- L5' AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY CHANGING THE ZONING CLASSIFICATION FROM MEDIUM DENSITY RESIDENTIAL TO GENERAL COMMERCIAL, AS REQUESTED FOR TRS 692C, 693B, 706, AND 707, LA PORTE OUTLOTS, LOCATED ALONG CANADA ROAD NORTH OF FAIRMONT PARKWAY, 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 16th day of November 2006, 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 November 16, 2006, 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 November 20, 2006, 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- k5" 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 11th day of December, 2006, 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 accordingly. The zoning and description of said parcels of land is as follows, to-wit: TRS 692C, 6938, 706, and 707 (17.7717 acres) located along Canada Road north of Fairmont Parkway, changed from Medium Density Residential (R-2) to General Commercial (GC). "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- t...S- 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 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 , l'ttl day Of tecem t1!.r 2006. CITY OF LA PORTE \ ./ By ~t~J\~ ALTON PORTER, Mayor ATTEST: APPROVED: By: ~7:~ CL K ASKINS, Assistant City Attorney THE ST ATE 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 16th day of November, 2006, in the Council Chambers of City Hall, 604 West Fainnont Parkway, La Porte, Texas. The purpose of this hearing is to consider Rezone Request #R06- 003, submitted by Bobby Grisham, agent on behalf of Kenneth P. Dawson, Trustee, for the property located along Canada Road north of Fainnont Parkway. The property is further described as TRS 692C, 693B, 706 and 707 (17 .7717 acres), La Porte Outlots, as recorded in Volume 83, Page 344, of the Deed Records of Harris County, William M. Jones Survey, Abstract 482, La Porte, Harris County, Texas. The applicant seeks to have this property rezoned from Medium Density Residential (R-2) to General Commercial (GC) to provide for commercial/retail activities at site. 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, TMRC, CMC 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. ~HIBn f\ THE STAIEJ)I=_TEXAS COUNTY OF HARRIS CITY OF LA PORTE, s. 8th Street NOTICE OF PUBLIC e, Texas 77571 HEARING In accordance with the provisions in Sec- h tion 106-171 of the City of La Porte's Code of Ordi" . n.. ances,. and the ProViS.i.O. ns I e oUhe Te as Local Gov- ! emment de, notice' is i hereb ' that the La ! Porte nn andZo 'ng C,. 0.... ~...m.,.. ..iO. n. ill .coli a. ,,[' publ h 'n t 6: A on t1' Y i - vemb ,. 200 i ! Council Chamb .ity iLa Porte Hall, 604 West Fa ont /1 f H . Parkway, La ,Po. ,Texas,l.r 0 arns The purpose. of t 's hear-! If T .i..i.n.~. is.tO.. con.. Side. r . e. zoo n.\e., exas 1 Request .#R06-D03> ..... sUb-.' !;mitted by Bobby Grisham, 'II ragentontiehalfof>Kel)-; me, the undersigned authority, on this date came and ;neth .P.Dawson, Trustee, . .. por the property located "ed LIsa Godfrey, a duly authorized representative of The ,along Canada Road north! S . kl bl. h d d II ,iofFairmont Parkway. Theilpre un, a semI-wee y newspaper pu IS e an genera y :lpr9Pl3rty.is,furtherdElsc::ri~ tted in the City of La Porte Harris County Texas and who I .bed as ,TRS 692C,1593B,- " i706and 707 (17.7717 ' ing duly sworn swears the attached notice was published in i'a9res),La,.PorteQutlots, e! , ;/:lsrecordedihVplurne 83/ ,.""!YShOre Sun dated 1 () /:l CJ / D(P . i Page 344, of the Deed Re- I 1 cords of Harris county,! William M. Jones Survey, Y Abstract 482, La Porte, - '-'-:-riiOcJations- or- interpretive services at. ,meetirigs should be made 48 . h()ursi prior .fa the. weeting'Idfrey Please contact CIty Secre-! tary's office at (281) 471- 5020 orJDDUne.(281) 471-50'30 forfurlher intor- mation. .f B 281-471-1234 Fax 281-471-5763 "~e SUD .;."-: ~, Sworn and subscribed before me this A/overn b er ,2006. . ~'714, day of ~o~v'!/J ~/ K rolyn Kellogg Notary Public Harris County, Texas ""....",~ ~~~ \~.J'\..~] ~;::f,..~".,t~...... .KAROlYN KELLOGG MY COMMISSION EXPIRES April 11, 2010 My Commission Exprires April 11 , 2010 "~"'. "S.!' - ,,,,,,'w..-~~~., "'I; ~~jj,l,,, .~ City of La Porte Established 1892 November 20,2006 Hon. Mayor Alton Porter and City Council City of La Porte Re: Rezone Requests #R06-003 Dear Mayor Porter and Council: The La Porte Planning and Zoning Commission, during its November 16, 2006, meeting, held a public hearing to consider Rezone Requests#R06-003. The subject property is located along Canada Road and north off Fairmont Parkway, further described as TRS 692C, 693B, 706, and 707, La Porte Outlots, W. B. Lawrence Subdivision, W. M. Jones Survey, Abstract No. 482, La Porte, Harris County, Texas. The applicant seeks to have the above property rezoned from Medium Density Residential (R-2) to General Commercial (GC) for retail/commercial activities. The Planning and Zoning Commission, by a unanimous (7-0) vote, has recommended approval of the above rezone request. ~~d' Pat Muston Chairperson, Planning and Zoning Commission c: John Joerns, Acting City Manager Clark Askins, Assistant City Attorney Planning and Zoning Commission 604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 '~HIBrf 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 La Porte City Council will conduct a public hearing at 6:00 P.M. on the 11th day of December, 2006, in the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider Rezone Request #R06-003, submitted by Bobby Grisham, agent on behalf of Kenneth P. Dawson, Trustee, for the property located along Canada Road north of Fairmont Parkway. The property is further described as TRS 692C, 693B, 706 and 707 (17.7717 acres), La Porte Outlots, as recorded in Volume 83, Page 344, of the Deed Records of Harris County, William M. Jones Survey, Abstract 482, La Porte, Harris County, Texas. The applicant seeks to have this property rezoned from Medium Density Residential (R-2) to General Commercial (GC) to provide for commercial/retail activities. 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, TMRC, CMC 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. ~H!Brr other maners penal\lIuy IU! the Council. ._ -.-=~ ..... .< I ,Citizens 'wishing toaddress.t~eCoLincil pro 820 S. 8,..or.con:..9urin9' the.'p'u~'i7 La Porte, T~~wi~g6m6~~:fh~~~~~tl~~\~ is conv~!1~d.,.\ "0'. .. - ;\::; <,~.:: :::~:,;J:"-<(<:: ;"i:i;t"'.. ,r,:::;,.~:,;\,;:,',':,:.:;,:::;.::-~:.:;,:.:,).{,>:-_,: ,!;:::'~ ~-';~h:,:_ . .}k- .:w . . . :;4 :~u6,{;,p ~f' City '. Council :'! members may be, presef}.t. .J and participate in'qJsclJ~~1 sions during thismeetif}g~ , however, no action wilfbe. taken by Council. '. ..., >.....,,'.'-.>'.'..:'.,, 281-471-1234 Fax 281-471-5763 Th il"~ ~e SUD :->.....: .:.:-:. .... :1ilxH~~t:,.\ ~:-.}'.;:.--'-'._-':' . ", ",: -':" :': -, '. ~ '"'::':?: ',:{;:,:'\<~--;:\~'-~,>::_-';; '>:' .TQis facJlityfl<1~ di~~pi!ity.i ,..SIC(;... .accomiriodations,' 'flva/la-, l'}':\ b'e.:Reque..sts,tqr l!ccOf7"l- ...... ,,~...f:~;,,::;~~,2f:~:~?~\.~i.!;~~\~::~j1ed authority, on this date came and '. ., ';!';'.ac,9.gr9~nce shbuld bemade'4EffJo.arsci duly authorized representative of The ..llhtre.., vl~lonsln<Ses- pripr to then:eetmg. i . ~9~Jg~~lzt2t~r~;<?ltyqf Please c0l1t~ctgity$J;!Q(~~9kly newspaper published and generally .~e()'1~.'~,.q()~~,.()f.8rd'- tary's pf(ice:l!-,t]281) }f.71~ . ;~nc:~~,'a.dmepr()VI~'ors5020b"t,TOPf~ine(2~4)ia Porte, Harns County, Texas and who . , ~LocaIG()v- 4n-5030for further ' .' h' bl. d . ee;/p~1!g,e~{~ 'm4tj6iJ:':)";;~j{.;\:~ars the attac ed notice was pu Ishe In l .' .,Ii:ijN:t"~'\:'0'nt.,'~;tr/ / h? ~ ) n ~ ,~~i}&z~ .. ar- n~J "~~lY subscribed before me this ,2006. c51 "7 J- h day of ..~~~I't",,~ '~!*"'~ ~~: .~~ ;~ :~$ ~";:~~,9:F:,~*~"" KAROLYN KELLOGG MY COMMISSION EXPIRES April 11, 2010 ,.,...;"'It<\t~~.~...~...~.~...."l>i'. .:.A.,......h.r~.g...U....,la.r ~ee.~- .,iQlj'Phtl1ElQity:Councll Will !';JoU:'''' ",bliSti'earing to ;aGf i.Public:tiearcion Exprires Apri/11, 2010 ; in'g-'; 'tic! to . conduct '; ''...>~. ;~;,)(H' '1 B'.JT'-"-' !<o.. . , !~) Staff Report November 16,2006 Zone Change Request #R06-003 ReQuested by: Bobby Grisham, agent on behalf of Kenneth P. Dawson, Trustee ReQuested for: TRS 692C, 693B, 706 and 707 (17.7717 acres), La Porte Outlots, as recorded in Volume 83, Page 344, of the Deed Records of Harris County, William M. Jones Survey, Abstract 482, La Porte, Harris County, Texas. Location: 2000 Block of Canada Road Present Zonin!!: Medium Density Residential (R-2) ReQuested Zonin!!: General Commercial (GC) Surroundin!! Zonin!!: North - Medium Density Residential (R-2) South - General Commercial (GC) East - Low Density Residential (R-l) West - Manufactured Housing (MH) Back2round: The subject tracts comprise approximately 18 acres of land out of William M. Jones Survey, Abstract-482, La Porte, Harris County, Texas. The property is located approximately 1000' north of the intersection of Canada Road and Fairmont Parkway. The property in question is also in the vicinity of a pre-existing warehouse/storage facility, manufactured housing, and a single-family residential subdivision along Canada Road. The adjoining property to the west across Canada Road and adjacent to the Harris County Flood Control District (HCFCD) facility consists of 33 acres of land intended for use as the proposed "West Side Park" of the City of La Porte. The applicant seeks to rezone this property from Medium Density Residential (R-2) to General Commercial (GC) for commercial/retail purposes. Analvsis: In considering this request, Staff reviewed the following Comprehensive Plan elements: Land Use, Thoroughfare System, Utility Infrastructure, and Economic Development. The specific issues considered are as follows: Land Use -- Review of the City's Land Use Plan shows the subject tract developing as mid-to-high density residential, however, some commercial uses are shown at the intersection of Canada Road and Fairmont Parkway. #R 06-003 P&Z 11/16/06 Page 2 of 4 Last year, approximately 35 acres of land just south of the subject tract, located at the intersection of Canada Road and Fairmont Parkway, was rezoned from Medium Density Residential (R-2) to General Commercial (GC). The adjacent properties across the Big Island Slough (B 1 09-00-00) are single-family residential (Pecan Crossing Subdivision). Other surrounding existing uses to the north are single-family residential, a manufactured housing park, and a storage/warehouse facility at 3337 Canada Road. An undeveloped vacant property and the City's proposed "West Side Park" are also in the vicinity. The current land use plan designates the area as intended for commercial uses, and the City has been consistent in providing General Commercial (GC) uses along the major roads within the City limits. However, the following aspects shall be considered for a rezone request: · Ability of infrastructure to support the permitted use. · Impact on the value and practicality of the surrounding land uses. · Conformance of a zoning request with the land use plan. · Character of the surrounding and adjacent areas. · Suitability of the property for the uses which would be permissible, considering density, access and circulation, and adequacy of public facilities and services. · The extent to which the proposed use designation would adversely affect the capacity or safety of that portion of the road. · The extent to which the proposed use designation would create excessive air pollution, water pollution, noise pollution, or other environmental harm to adjacent properties. · The gain, if any, to the public health, safety, and welfare ofthe City. Transportation - The tract in question will have access along Canada Road running north and south between Spencer Highway and Fairmont parkway. Earlier, the design of Canada Road improvement was completed in 2004. The rights-of-way for the proposed road improvement acquired and the utilities to serve this general area were designed given special consideration to the pipeline adjustments and power lines relocation. The bidding and construction of the road and utilities started in January 2005. The Canada Road improvement/widening project were completed in November, 2005. Traffic signalization is already in place and opened for traffic from Fairmont Parkway to State Highway 225 via East Boulevard. #R 06-003 P&Z 11/16/06 Page 3 of 4 Canada Road, an arterial with a 100' ROW, may accommodate the additional traffic generated by future commercial developments. In addition, Fairmont Parkway, a controlled access highway with a 250' ROW may also accommodate additional traffic generated by this development. Utilities - Due to the success of the Canada Road improvement project, infrastructure for anticipated development at this intersection is in place. Storm water drainage will be reviewed case by case with the development site plan submittal for the proposed development. Economic Development - One of the intentions of the Comprehensive Plan is to encourage new and sustained investment in the City as the basis of a successful redevelopment strategy. This may be achieved by encouraging in- fill development within existing infrastructure service areas. As per plan, commercial, retail, and service activities shall be clustered throughout the City and be convenient to residential areas. In addition, commercial activities should be concentrated in nodes along major thoroughfares and intersections, such as the proposed location along Canada Road. Buxton Study - An economic development study took place on the La Porte area in order to specify which types of retail business the community should be targeting to attract commercial development in the area. Projection of future commercial growth and tax components are to be favorably considered in this matter. The City of La Porte selected three sites to be analyzed and ranked for possible retail development or revitalization. To aid in the decision-making process to select the best site, the company has ranked Canada Road and Fairmont Parkway as having the best overall retail trade potential site. Retail potential of this site is based on the following analysis: · A twelve minute drive time trade area · Customers in each trade area segmented as per buying habits and lifestyles · Profile of La Porte's customers within the trade area · Retail demand for more than 400 products and services determined for the potential trade area. Based on the above analysis and the best use review option by the applicant and the prospective developers reveal that the subject site would be better served by the proposed rezone, which would be consistent with the anticipated use of property to the south of this tract. Using this scenario, the applicant is requesting to rezone the property from Medium Density Residential (R-2) to General Commercial (GC). A conceptual plan for future commercial activities planned at this site is attached as Exhibit. #R 06-003 P&Z 11/16/06 Page 4 of 4 Conclusion / Recommendation: Based on the above analysis, staff finds the requested change conforms to the abutting zoning and is suitable for the requested change to General Commercial, allowing commercial/retail development. Development within the subject tract should not negatively impact the surrounding properties nor harm the value of nearby properties. The zone change should not have a significant impact on traffic conditions in the area and utilities can support future developments. Actions available to the Commission are listed below: · Recommend to Council approval of this rezoning request, from Medium Density Residential (R-2) to General Commercial (GC). · Recommend to Council denial of this rezoning request from Medium Density Residential (R-2) to General Commercial (GC). · Table this item for further consideration by the Commission. / c w ! 0:: 0:: :J ,<t. w :> I ~ >- en ~ 'w <t. ~~ ~Q 'Ill III ..~o:: I * ! 6 I ... .:) ~'V ! 0:: 0:: ....'1 . / _ I <t. w-BEbFAST-l;NBEL#;:-1 ~ rr-t:~r"/ ~ 12~ r~~(1-,~~v I ~ I ~, I - ~\n I ~ ~ I ~~ m I 0:: m I <t. Ii I GARl;OW-l;N '~~~T I I I I ....-------------- .... I I IJ 1/ , I I I I I I J I J J I I I I I I I I I I I I I I I I g ~: ~.. E $ ~~~~~~?~--~-~-------------- .,::~;~.~/:4i~*-~~. /l.~... ~'-"'.,' ....../...:f:.~1V ,~~, g >:~~-~" r~'T"'T- ~> E IJt ~~~'! ~... ,C'IJ ....%~~,~r~:~~;:c~ P" I.... . s: "g~L..r~lT,l;L'~r.L... ~,:: _ !;~~~:~=~~~~~~~~~_~Cl~~, - 0~,,-.LL ' -~ '.~<~VEN:rURE:EN> , llJ;~""'L~1 I ~' I -;- ~- T -'-~ ~ - ~ : ORC!i~RD-l;N :J=I z c ~ F-AIRMONT-PKWV-FAIRMONT-P ..:-._..0.-""-,___.__._____..........._'""'- n ~ ... .,-... - T'-~T iT& ~o.I..ICHlrA.DR ~ u I.,? Q~' 'j"'13'ltl ~ z ~~0$'~ y' ~~ '. _'-~' .... '\ ~i- , ~. e:,\O oS',," ~4;~ . -.' z ~~~ ~ l~~ (~~D 'i> ~ DRY-SPRINGS,D ~ g=\ ...... .~.'.....I... . . w O-<::ANIFF-RO a.. J: I'U ....~~...~- ... , ~ I U I l5-MAHAN-OR.J. ~'/ ~~~~"t~~~~ .t" r~;JA$ I I- t I I I I I I I I Legend Q Property Lines Zoning (R-1) Low Density Residential (R-2) Medium Density Residential (R-3) High Density Residential (MH) Manufactured Housing iI/I (GC) General Commercial .". (NC) Neighborhood Commercial (PUD) Planned Unit Development (81) Business Industrial " (L1) Light Industrial .". (HI) Heavy Industrial ",. (MS) Main Street District (MSO) Main Street District Overlay (LL) Large Lot District --- Drainage Channels Raillines IIG' City Limits ''1-. ~ ~ Disclaimer: The City of La Porte makes no representation or warranty as to the accuracy of this map and its information nor to its fitness for use. Any user of this map product accepts the same AS is. WiTH ALL FAULTS, and assumes all responsibility for the use thereof. and further agrees to not hold the City of La Porte liable from any damage, loss, or liability arising from any use of the map product Independent verification of all information contained on this map should be obtained by the end user. City of La Porte 604 W Fairmon! Parkway La Porte, TX 77571 (281) 471-5020 www/aportetx.gov 1 " equals 633 ' La Porte GIS Mapping 6) '~~~~ A Meeting of the La Porte Plannin~ & Zonin~ Commission (Type of Meeting) Scheduled for RECEIVED ~ovember16,2006 (Date of Meeting) NOV U (-) 2006 to Consider PLANNING DEPT. Rezone Request #R06-003 (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 am OPPOSED. to gr.anting this request for the followinj reasons: /bJ € /)~Af{ r j(I~~ AJUf ~. dgpluJ IP fAt'> ~ bit. tJe ALe ~ ~~k!T Jr~ j f' ~~f- b.Thlf., $'7'",e,/J I (JL7m'/'~i <NNVty -- ~f s Fj2I)~ );1t>/Z~1t Name (please print) 15~~j11rfl Signature 9;.}~/ CA-L)t>p C!-T Address LA jJt5Lr~ Tet=ri-.f' 77.>'71 City, St~te, Zip ~tlBrr {-.~ ',~An~, A Meeting of the La Porte Planninl?; & Zonin~ Commission (fype of Meeting) Scheduled for RECEiVED ~ovember16,2006 (Date of Meeting) NOV 0 6 2006 to Consider PLANNING DEPT" Rezone Request #R06-003 (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: I feel that commercial property just 200 yards from our back fence would make our neighborhood noisy, and possibly not nearly as safe. We are paying a good price for our peace and quiet as wen as our safety and security and do not wish to give tbat up. We also feel it would decrease the value of our property for which we paid a premium price. Thank you for your consideration in denying this rezoning request. f!.ll.[u- I ~ :-Poce \-oS Name (pleas:..!?' t) t" pJ.,1 ~../); ~ 'y.:;;_:.>tZ cz. "".f g;. ./ C)q , " Signature I U Claudia Rogers 9221 Barton Ct La Porte TX 77571-7906 L A Meeting of the La Porte Scheduled for RECEIVED NOV 1 4 Z006 PLANNING DEP1: Planning & Zoning Commission (fype of Meeting) ~overnber16,2006 (Date of Meeting) to Consider Rezone Request #R06-003 (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: tHe 12--'2.. o.'st:.n'ct e:1\lowS ~V'" Q)~ "" orhe.v- reLaH\let~ iV\UM..Se.... l!o"l!eV\t:.v~'ons of dwe..~Li r'Lj un-/6s.. On -I:L1.'S fUt.ure. Vl'j h -tviiJ:fft..c. \--oO\c.\ I ~S I.cJhe~ Ie e'lt.eNtds -tV\V""oUjk i-& #t.e ~o~ I it. l4JOuld be. MOve I ~.'t'"~( ~~ pr'c:>p~ r't;~ dloV\j CQ.v\:lda -to b~ l-'ezonee;l -Ie 0eVle...ol COtM.lI\f\e.rc&' &-1. I am OPPOSED to granting this request for the following reasons: FfZ.6'D E. P.b.Ut-U.s. Name~ ~j~ Signature qz:zs ~ ~,.. i!oUR.r Address LJ.. PO{2.Te j ~~ 77571 City, State, Zip 11/12 ,- ORDINANCE NO. 1501- MS AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY GRANTING A SPECIAL CONDITIONAL USE PERMIT #SCU06-007 FOR THAT CERTAIN PARCEL OF LAND DESCRIBED AS FOLLOWS, TO-WIT: 10.115 ACRE TRACT, BEING RESERVE G2, OUT OF :t207 ACRES OF LAND (ALONG OLD UNDERWOOD ROAD SOUTH OF STATE HIGHWAY 225) IN THE ENOCH BRINSON SURVEY, ABSTRACT- 5, LA PORTE, HARRIS COUNTY, TEXAS FOR THE PURPOSE OF DEVELOPING OFFICEIWAREHOUSE FACILITY FOR FREEZER COMPANY IN A PLANNED UNIT DEVELOPMENT (PUD) ZONE; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF; 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 16th day of November, 2006, 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. On November 16, 2006, 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 on the 20th day of November, 2006, a true copy of which letter is attached hereto as Exhibit "C", incorporated by reference herein and made a part hereof for all purposes. REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Source of Funds: NA Account Number: NA Amount Budgeted: NA Amount Requested: NA Budget Item: NA Agenda Date Requested: December 11.2006 Requested By: Wavue J. sH Department: Plannine: Report: --X-Resolution: _Ordinance:_ Exhibits: Ordinance P&Z Staff Report Aerial Map Site Plan SUMMARY On November 16,2006, the Planning and Zoning Commission considered Special Conditional Use Permit #SCU 06-007 for a proposed office/warehouse facility. Preferred Freezer Company is to be located in the Underwood Business Park off Old Underwood Road, south of State Highway 225 and Union Pacific Railroad (UPRR). Clay Development and Construction Inc. is seeking this permit for development of a 10.115 acre tract being Reserve G2 along Porter Road, within the Underwood Business Park. The property is zoned Planned Unit Development (PUD) and shall be developed in phases. Each additional reserve/phase of the project would require a subsequent Special Conditional Use Permit, followed with a development site plan submittal. Underwood Business Park is a commercial/industrial and design built complex off Old Underwood Road. The total site consists of approximately 207 acres located to the south of State Highway 225, Union Pacific Railroad, and Battleground Industrial Park at 10 laid Underwood Road. To the east, a 44 acre tract is reserved for detention purposes. The project has an approved General Plan and Special Conditional Use Permit. The first phase of the business park development started in May 2005, with a project known as "Poly One", which was completed earlier this year. Subsequently, several other developments (office/warehouses and distribution centers) were approved by the City. Building permits were issued for construction of a 432,000 square foot office/warehouse building, a 900,000 square foot building, (to be used as distribution centers) and other spec. buildings. These buildings are currently under construction and will be partially rail served at a later stage. The City's Comprehensive Plan intends for this area to develop with industrial uses, and the existing land uses of nearby properties are primarily industrial. Considering the economic development within La Porte, the project has merit. Public Notices were mailed to six (6) property owners. No responses were received. By unanimous vote, the Planning and Zoning Commission has recommended City Council consider approval of Special Conditional Use Permit #SCU 06- 007 with the conditions as listed in the SCUP. Action Required bv Council: 1. Conduct a Public hearing. 2. Consider Planning and Zoning Commission recommendation to approve Special Conditional Use Permit #SCU 06-007 for a 10.115 acre tract being Reserve G2 out of :t207 acres of land located along Old Underwood Road south of State Highway 225 and Union Pacific Railroad. Approved for Citv Council Al!enda ./10' ate ORDINANCE NO. 1501- M S- 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 11th day of December, 2006, 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 conditions of the said Special Conditional Use Permit are as set forth in the incorporated terms of the Special Conditional Use Permit, a true copy of which is attached hereto as Exhibit "F". The description of said parcels of land classified pursuant to said Special Conditional Use Permit is as follows, to-wit: 1 0.115 acre tract out of :1:207 acres of land located along Old Underwood Road south of State Highway 225; the Enoch Brinson Survey, Abstract-5, City of 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. "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 ORDINANCE NO. 1501- M5" Page 3 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 andafter its passage and approval. Passed and approved this the II~ day Of~~ CIT~ LA PORT"E"0 .. BY:~;-(~ ALTON PORTER, Mayor ATTEST: BY~ 0J~ ~YJ} A HA GILLETT, City Secre ry APPROVED: By: ~Ar~ CLARK ASKINS, Assistant City Attorney THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the La Porte Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 16th day of November, 2006, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose ofthis hearing is to consider Special Conditional Use Permit Request #SCU06-007, for 10.115 acres ofland being Reserve G2, in the Underwood Business Park, located along Old Underwood Road. The property is further described as a part and being out of a 206.990 acre tract in the F. A. STAASHEN Subdivision, Enoch Brinson Survey, Abstract 5, La Porte, Harrjs~ County, Texas. Clay Development & Construction Inc., is seeking approval of a permit forthe proposed development of office warehouse facility for a freezer company to be located at 10060 Porter Road. A Special Conditional Use Permit is required for the proposed development to be located within a Planned Unit Development (PUD) 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, TRMC, CMC City Secretary A quorum o/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) 471-5030for further information. IXHIBIT' A is hereby given that the La Porte Planning and Zoning . Commission will conduct a public hearing~. on the 16th day ofNe- vember,. 2006, in the' Council Chambers of. the CitY. Hall, 604 West Fair- mont Parkway, La Porte, Texas. The. purpose of this hearing. is to consider T ~1;f~1f~~.~1 the Underwo' . Business Park, locate > long . Old Underw d.' . The prope er descri-. bed . a nd being ~U\h a. ~C!~~ Subdij ~.~ City I son Su e . t 9" La Porte, . nty, Cour 'Texas. Clay y pment ,,' .. ',j. &Constructio .Jnc., is ;;i;!i'~~~4Ii~.li;~'~~(:~\1\\t[\f~:',1:,'\>~" seeking approv. I ofa per-' mit for the proposed de"el- opment of .office ware- ,house facility fprafree;zer. ..........\<i:\.<)rity on this date came and company)obelocated.at. ThisJacilityhasd!s?bility : . 10Q6pPorter.~oad. A.accommodaticmsi '~~a!l,~~\honzed representatIve of The Special CondltJonalUse 'ble. . Requestsfor?Cc()"I~ bl' h d d II f..PermitisJequired for the modations or interpretive paper pu IS e an genera y '. \ \>ft!,,", b~0~~6:~dd~i~:~~~1a~~~~':jf:1e '::~deT:h~J',~Harris COU nty, T eXB:s and who ,;'t,y. ned, Unit[)ev~opment prior to..thf1.meeting. rtached notice was published in (PUD) . per. Section 106-. Please contact CIty Secre- · . ~37.0f the Code. of Ordi- .tary's office;at(281) 471-1 e,"nances: '5020 'orTDD'Vne(28t)' . tioiii'iQ _ . .~fhe\CclCl~:\471~5030 for further .infor- of.Ordiri~I'1C~~[Clft~e;(3ity, ". matlon. ~r~~'~~fi~~~~~~~ 't.td~;< ing of th: ~~~~~i~::~~ ' :....,.'.".,....,........ .~.IlL.J ......VVvlllltlvlll '-'VVVJ .IIV..l\....v 820 La POI ,~ ./'\.1 Lisa Godfrey L..VI_IIII~ VVIIIl I !IO)O)IVI I VVIII follow the public hearing for the purpose of consid- ering . the public hearing item and to conduct other matters pertaining to the Commission, 281-471-1234 Fax 281-471-5763 Citizens V/ishing . to address the Commis- sion pro or con during the Public' Hearing will be re- quired to sign in before the meeting is convened. . CITY OF LA PORTE t/re SUD .. $ .:..........::....... ~:~:;~ince 1947' Martha Gillett, TRMC, CMC City Secretary A quorum' of City Council members may be present and participate in discus- sions . during .this meeting, however, no action.. will be taken by Council. ~I{j' f Sworn and subscribed before me this ,/l/oJ/f'Yn b>f'r ,2006. f). r; M day of ~j/~i~/ Karolyn Kellogg - Notary Public Harris County, Texas ~"tllll'l, l~~'~ ~*: .r~ ":o~. .#~ .,_.... , 1,1f"Cff",~ KAROLYN KEU.OGG MY COMMISSION EXPIRES April 11 , 2010 My Commission Exprires April 11, 2010 1XH1BJT "1 City of La Porte Established 1892 November 20, 2006 Honorable Mayor Alton Porter and City Council City of La Porte Dear Mayor Porter and Council: The La Porte Planning and Zoning Commission, during a regular meeting on November 16,2006, considered Special Conditional Use Permit (SCUP) #SCU 06-007. The applicant, Clay Development and Construction, Inc., seeks approval of a proposed office/warehouse facility for Preferred Freezer Company to be located in the Underwood Business Park. The Planning and Zoning Commission, by unanimous vote (7-0), recommended that City Council consider approval of Special Conditional Use Permit #SCU06-005 with the following conditions: 1. 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 General Plan shall require further submittal and approval of plats, site plans, construction drawings, engineering analysis, and covenants. 2. Provide on-site improvements, loading and unloading ramps/bays that adequately handle the volume associated with this office and warehousing facility. 3. Hazardous or non-hazardous material storage, chemicals, nature, type and fire requirements should be specified. 4. Design of maneuvering isles and driveways criteria shall be followed. Fire truck access, fire suppression requirements, and fire hydrant placement shall be specified on the development site plan. 5. A site plan and/or separate plans shall be submitted in conjunction with the building permit application. Landscaping is required in percentages specified in Section 106-522 of the Code of Ordinances. 6. Amount and type of landscaping shall be specified on the plan. Provide an irrigation system to ensure that all landscaping is properly maintained by the owner/developer. 7. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. ~~ Pat Muston Chairperson, Planning and Zoning Commission c: John Joerns, Acting City Manager Clark Askins, Assistant City Attorney Planning and Zoning Commission 604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 iXHIBtT C THE ST ATE 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 11th day of December, 2006, 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 Request #SCU06-007, for 10.115 acres of land being Reserve G2, in the Underwood Business Park, located along Old Underwood Road. The property is further described as a part and being out of a 206.990 acre tract in the F. A. STAASHEN Subdivision, Enoch Brinson Survey, Abstract 5, La Porte, Harris County, Texas. Clay Development & Construction Inc., is seeking approval of a permit for the proposed development of office warehouse facility for a freezer company to be located at 10060 Porter Road. A Special Conditional Use Permit is required for the proposed development to be located within a Planned Unit Development (PUD) 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, TRMC, CMC 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. ~HIBlT ') .~. ~'''' .'~'''!I'''U' alongUld Underwood Roaa. '. I he property is further descri- bed as a part and being ~>Ut of .a 206.990 acre tract In., th,e .' F,A. . ST AASHEN 820 S. 8th S SUbdivisi()~': E~ochB.rin: La Porte Texa,' sonsurveY.,.Abstract .!5.L~ , /Orie,',Harns ..... County, ~.Texas,,"'{;lay [)eve1opment..' 1;.&.. ConstructioP.lris..' .....is. , The~..~..i.jf..s:.~..'l.;...:.!.~.J.~.}.ft.:..'..:.t.:..i......... ,,10960 ;Po':W/Road,"lf.'A' l~P89iill .;.po,nditi~nCl":';li~a '. i;,f.6,[fI'lit. 'is.f~gui[e~'. fo.r:ttie 'pr()p()seddevelopmerit .,to ~./)~)()cated'\'Iithin a plan- . fned .Uni~.~....'..[)e'vElJoPll)ent \(PlJ.[)) per Section106~ City of La Pm~;~c2:.thef;~de~f Ordi- County of Ha;:)"'i." ..i. State of Texc,; ...... . " ,.A .reguia~-~eet_ :;,ng of tpe CitY C6uncifwi/J :/e>llow Jhe pubIicheCiring; , B f f,tWthe. purposeof.cohsid~_': e ore me, ,lfi~~P~ \~tJ1,:,p,4?!.jS.,1J~~IMI,1 appeared LI!tem andtoconductbth:Elr' I'imatte,rs . pertaining. to' the ! Bayshore S2~r9,~ncil"'i', ........ /) d' 'b d .',;~., ,.. ".' Istn ute 17;.;-;,;\. ., ..' . "".j ft b . "..,;,'< CitizElnswi~hjng , a er elng;"t()j,~pdresi)h'~coUn9i1 pro' Th.e!J~ys~tirr...:.c~n~bi~~~~t&:~rtl~: ..- · "5,JolJvened. 'r,. ...... ...... >".. '.l s ~~F~~~;f<j <,;"..., '6il{~'~~!{c/;S~ili~' . O(j?!i'?n#:c( ''flv8/(iP; .~~~~f/C~ra.PPOrn_' .i " .:f?r;"I'!t(Jrpreti~e;j ,/)I!Ms .."at\'n7e,~thgs..' ,t}..'w/r;Ibe madf!,:18hbarsi .' . q9(,,:/O, .:J~e .~<</!l.ie,tfrig.:: .~(J,!:$ecof)ta.ct pity '9(Jch,p lys;pftipe. at f2lJ1)-i71-; .,?O,pr.. TDD Lifle(28J) t~SO$O . for furtf1ejJr';or~, lIOn. ,.. >"';'.: .:- 281-471-1234 Fax 281-471-5763 :ii'" ~e Sun ::;;:::; *:::. ~thority, on this date came and authorized representative of The ~wspaper published and generally ie, Harris County, Texas and who e attached notice was published in )0& " ' me this /).1#> day of KAROLYN KELLOGG MY COMMISSION EXPIRES April 11, 2010 11, 2010 ',SXHISi1 ..'" .. 'I Staff Report November 16,2006 Office W /H facility for Freezer Company Special Conditional Use Permit #SCU 06-007 Requested by: Requested for: Location: Present Zonin2:: Requested Use: Back2:round: Analvsis: Clay Development & Construction Inc. c/o Danny Martin 10.115 acre tract out of 206.990 acres of land in the Enoch Brinson Survey, Abstract 5, described as parcel 1 under the Harris County Clerk's File No. M032856, La Porte, Harris County, Texas. Old Underwood Road and State Highway 225 Planned Unit Development (PUD) Office Warehouse Underwood Business Park, consisting of approximately 207 acres, is located to the south of State Highway 225 and Union Pacific Railroad (UPRR). The subject park is an approved business/industrial complex located within the Planned Unit Development (PUD) zone along Old Underwood Road. Clay Development and Construction, Inc., owner/developer, is proposing office warehouse facility for a freezer company consisting of 157,500 sq. ft. on a parcel of land being described as Reserve G2 in the Underwood Business Park. The facility will have an access through Porter Road and will be located to the southeast of Poly One at 10100 Porter Road. Porter Road is a 60' wide ingress/egress and utility easement within the park off Old Underwood Road. Major access to the business park is through Battleground Road and State Highway 225. This is an on going project that started with the construction of Poly One and later the plans for 900,000 sq. ft., 400,000 sq. ft., and several other distribution/warehouse buildings were approved by the City. The subject property is zoned Planned Unit Development (PUD). Development in a PUD zoning district requires an application for a general plan to be filed and processed simultaneously with the Special Conditional Use Permit. Once the Special Conditional Use Permit is granted by the City, the developer shall submit a development site plan showing the arrangement of the project in detail, including parking facilities, location of buildings, and other pertinent information required by the Development Ordinance of the City. Section 106-659 of the Code of Ordinances establishes the following criteria for review of the development projects within a PUD zone. seD #06-007 11116/06 P&Z Page 2 of3 Conclusion! Recommendation Land Use - The City's Land Use Plan shows this area developing with industrial uses. The existing land uses of nearby properties are predominantly industrial. The Battleground Industrial Park is located just north of this development. In addition, the Battleground Industrial District - Extra Territorial Jurisdiction (ETJ) of La Porte is located north of State Highway 225. Transportation - The project is located within proximity to State Highway 225 and Battleground Road, major highway, primary arterial and major truck route. This project provides adequate accessibility for circulation of traffic. All traffic entering/existing will be through Porter Road along Old Underwood Road. There should be limited impact on traffic flow within the vicinity. In addition, the traffic shall not be directed south of Underwood Road as per plan submitted by the developer. Topography - This area is relatively flat and stable and should not be an obstacle to this type of development. Utilities and Drainage - Public facilities and services are sufficient to handle the supply of potable water. The developer has installed a new water line for fire protection in the area. In addition, provisions must be made to ensure sufficient utility extensions are provided to serve this development. Storm water drainage or detention will be managed through existing on-site detention to mitigate any adverse impacts associated with this proposed development. Staff feels that the project would make a significant impact on economic development within the City of La Porte. Based on the above analysis, staff recommends approval of the Special Conditional Use Permit with the following conditions: · 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 General Plan shall require further submittal and approval of plats, site plans, construction drawings, engineering analysis, and covenants. · Provide on-site improvements, loading and unloading ramps/bays that adequately handle the volume associated with this office and warehousing facility. SCU #06-007 11/16/06 P&Z Page 3 of3 · Hazardous or non-hazardous material storage, chemicals, nature, type and fire requirements should be specified. . Design of maneuvering isles and driveways criteria shall be followed. Fire truck access, fire suppression requirements, and fire hydrant placement shall be specified on the development site plans. . A site plan and/or separate plans shall be submitted in conjunction with the building permit application. Landscaping is required in percentages specified in Section 106-522 of the Code of Ordinances. · Amount and type of landscaping shall be specified on the plan. Provide an irrigation system to ensure that all landscaping is properly maintained by the owner/developer. · The Developer shall comply with all other applicable laws and ordinances ofthe City of La Porte and the State of Texas. Options available to the Commission are: · Recommend to Council approval of this SCUP with additional conditions. · Recommend to Council denial of this SCUP. · Recommend tabling this SCUP for further review. City of La Porte Special Conditional Use Permit # SCU 06-007 This permit is issued to: Clay Development & Construction, Inc. Owner or Agent 800 Gessner. Suite 850. Houston TX 77024 Address For Development of: Preferred Freezer Services (157.500 SF.) Development Name Old Underwood Road at State Hiqhway 225 Address Legal Description: 10.115 acres of land beinq Reserve "G2" in a 206.990 acre tract Out of Enoch Brinson Survey. A-5, La Porte. Harris County. TX. Zoning: Planned Unit Development (PUO) Use: Office/warehousinq facility Permit Conditions: 1. 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 General Plan shall require further submittal and approval of plats, site plans, construction drawings, engineering analysis, and covenants. 2. Provide on-site improvements, loading and unloading ramps/bays that adequately handle the volume associated with this office and warehousing facility. 3. Hazardous or non-hazardous material storage, chemicals, nature, type and fire requirements should be specified. 4. Design of maneuvering isles and driveways criteria shall be followed. Fire truck access, fire suppression requirements, and fire hydrant placement shall be specified on the development site plan. 5. A site plan and/or separate plans shall be submitted in conjunction with the building permit application. Landscaping is required in percentages specified in Section 106-522 of the Code of Ordinances. 6. Amount and type of landscaping shall be specified on the plan. Provide an irrigation system to ensure that all landscaping is properly maintained by the owner/developer. 7. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. Failure to begin construction within 12 months after issuance or as scheduled under the terms of a special conditional use permit shall void the permit as approved, except upon an extension of time granted after application to the Planning and Zoning Commission. If construction is terminated after completion of any stage and there is ample evidence that further development is not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission 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: ~OJlnt ,jJaAII1A.J ~ /j(~, City Secretary Jtltlltf :r. ~I- rt::l <to \1.m mo m <l.\fI woc-! ~ttt'i mo. ::lo~ ~om O~\>. otto OW ~o ttZ w::l 00 l..J ::l0 Ul W 2 ~ 'r ~ W ll. o Ct. \1. ~'.~ L'l ~i ---- ........... STRANG ROAD .. .. tIIUIIf'__ ~I m ~I 01 gl <(I o 0:: 01 01 o ~ ~I :JI I' o X ST. ~I ------..Ql o <( o 0:: 0:: w ...J ...J ~ ,#J o.;s ,fffy~ -0"~~ q,'t' q SITE PLAN Map Legend SCALE: 1'=200' UNDERWOOD BUSINESS PARK AVAILABLE TRACT NEW PROJECT LA PORTE, TEXAS LAND: %9,008674 sa,FT, - 205,8107 AC, >.ECT: Project Number lK9WOOD IllIllfESS PAfI< - LA PORTE, TX - Issue No. Date UNDERWOOD BUSINESS PARK Description A llJG.ACRE RES'fRICTED INDUSTRIAL BUSillESS PARK DEVElOPED BY CLAY DeVELOPMENT ANO GONSTRUCTION. INC, 800 GESSNER. SUITE 850 HOUSTON. TEXAS 77024 PHONE (713)789-25%9 FAX (113)782.3755 W'iVW,CLAYOEVELOPMENT,COM Sheet Number Vicinity Map Key MapI539J eto -- 13 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: December II. 2006 Requested By: John Joerns/Wavne ~ I Department: CMO/Planninl! Source of Funds: NA Account Number: NA Amount Budgeted: NA Report: _Resolution: _Ordinance: X Exhibits: Ordinance Joint Venture Agreement Typical Road Cross Section Area Map SUMMARY On November 6, 2006, Council received a workshop presentation regarding the course of action being taken by Frontier Logistics (FL) to open and construct a temporary, emergency traffic relief road beginning at the intersection of Barbours Cut and the 4th street ROW, going north to the H Street ROW and then east along H Street to Broadway (see area map). During initial coordination, FL agreed to pay for the construction and the Port of Houston (POH) tentatively agreed to maintain the road. During the workshop, Staff recommended a Resolution be prepared. Council directed that the standards for the road be the same as the road being constructed by POH and that the City not be charged with maintaining the road. On advice of the City Attorney, attached is a joint venture agreement with FL, POH and the City prepared by the City Staff. This agreement is very similar with the interlocal agreement with POH for the J Street ROWand lays out terms for: · FL constructing a public street including drainage (Standards to be approved by the City). The proposed cross section is 8" lime-stabilized subgrade and 10" cement-stabilized base or greater (similar to the POH interlocal agreement). · FL agrees to pay all associated construction expenses and emplace protective measures required for city utilities. · POH maintains the roadway. · Duration of the agreement is 5 years with a year-by-year renewal or cancellation by any party with l-year's notice. The intent is for this road to be blocked from daily use and opened when necessary to relieve traffic congestion. Opening of the road would be coordinated with the City's PD and trucks would queue along 4th and H Street while waiting for entry into container yards. As with the POH interlocal agreement, the need for the immediate public safety makes it a necessity to deviate from normal City street standards as set in PICM The construction for this project will be the same or greater than the standards for the POH initiative along the J Street ROW. Execution of this joint venture agreement allows a deviation from the PlCM standard. It should be noted that at this time. FL and the Citv are nee:otiatiD!! final improvements needed on N. H Street as written in the ae:reement. Action Required bv Council: 1. Consider approval of an ordinance to allow joint venture agreement with Frontier Logistics, the Port of Houston and the City to construct and maintain a temporary road along the 4th and N. H Street ROWs for ingress and egress for trucks servicing Port activities. 2. Direct the City Manager to execute the joint venture agreement. Approved for City Council A2enda !ff~ Dat ORDINANCE NO. 2006-~~~( AN ORDINANCE APPROVING AND AUTHORIZING A JOINT VENTURE AGREEMENT AMONG THE CITY OF LA PORTE, THE PORT OF HOUSTON AUTHORITY, AND FRONTIER LOGISTICS, L.P., FOR CONSTRUCTION AND MAINTENANCE OF A TEMPORARY ROAD ON 4TH STREET AND H STREET RIGHTS-OF-WAY, BETWEEN BARBOUR'S CUT BOULEVARD AND NORTH BROADWAY STREET, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, a copy of which is on file in the office of the City Secretary. The Interim 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. PASSED AND APPROVED, this ATTEST: ~~~~ City Secretary APPROVED: /~r~ cf:;{4. Askins' Assistant City Attorney , tWt day of 1)et:lM kJev , 2006. ~.I'lTY OF LA~E By: ~~~, ~~ Alton E. Porter, Mayor 2 J oint Venture Agreement WHEREAS, the City Council of the City of La Porte (CITY) has determined that the current traffic situation on Barbour's Cut Boulevard presents unsafe conditions for the citizens of La Porte and motorists using Barbour's Cut Boulevard; and WHEREAS, the increase in truck traffic serving Frontier Logistics, L.P. (COMPANY) and the Port of Houston (PORT) shows no signs of decreasing in the near future; and WHEREAS, it is necessary for the continued economic growth for the CITY, COMP ANY and for the PORT to cooperate in a joint venture to improve traffic within the CITY and servicing Port related activities; and WHEREAS, it is recognized that temporary measures must be taken immediately to ensure the public health, safety and welfare of citizens for which it is necessary to deviate from published road improvement criteria; and WHEREAS, it is recognized that such a joint venture is mutually beneficial for the CITY, COMP ANY and the PORT: 1. CITY grants to COMPANY CITY's consent and authorization for COMPANY to improve CITY's street Rights-of-Way, described as follows: North 4th Street, from its intersection with Barbour's Cut Boulevard to its intersection with North H. Street, and North H Street, from its intersection with North 4th Street, to its intersection with North Broadway Street (hereinafter "4th Street and North H Street rights-of-way"), for the purpose of constructing and maintaining a public street, including associated surface drainage. The engineering design, including drainage, materials, plans and specifications for the improvement to the 4th Street and North H Street rights-of-way shall be subject to the prior approval of CITY. Minimum standards for said project are set forth on Exhibit "A" attached hereto. COMPANY shall also coordinate with the CITY to secure approval of Harris County as to the drainage design of the 4th Street and North H Street rights-of-way to insure that runoff from the former Harris County landfill located adjacent to the proposed development is accounted for in the drainage design. 2. COMPANY agrees to pay for all expenses associated with the design and construction, of the roadway, including any necessary adjustment to or protective measures required for CITY utilities, or utilities operated by duly franchised CITY utility providers. 3. Upon completion of construction by COMPANY of the 4th Street and North H Street rights-of-way, PORT shall maintain said roadway in a safe and passable condition, subject to the following conditions: a) All parties to this agreement agree that said roadway shall be for daytime use only; b) that street lights will not be provided for use of said roadway after dark, and, c) that said roadway shall be appropriately barricaded, or other appropriate means employed, by PORT to prevent use of the road by the public after dark. 4. CaMP ANY and PORT agree that periodic access to the 4th Street and North H Street rights-of-way shall be coordinated with the CITY's Police Department for proper traffic control and routing. 5. This Joint Venture Agreement shall be effective December 11, 2006. All parties to this . agreement recognize that the roadway to be constructed by CaMP ANY and maintained by PORT, as herein provided, shall be primarily used by commercial truck traffic to relieve congestion on public thoroughfares, and CITY shall have no maintenance responsibility for the 4th Street and North H Street rights-of-way. 6. This Joint Venture Agreement shall remain in effect for a five (5) year initial term, . and shall continue thereafter on a year-to-year basis, unless cancelled by either the CITY or PORT hereto upon one (1) year's written notice to the other party hereto. EXECUTED IN TRIPLICATE ORIGINALS, effective as of this the 11th day of December, 2006. ATTEST: !~j?J) ..... ...... '. .-: . ..' ... ::>::::::::<): Martha Gillett City Secretary APPROVED AS TO FORM: ~T~ Clark T. Askins Asst. City Attorney PORT OF HOUSTON AUTHORITY BY: Name: Title: APPROVED: Jimmy M. Jamison Director of Operations BY: Name: Title: FRONTIER LOGISTICS, L.P. EXHIBIT "A" To Agreement between City of La Porte and the Port of Houston Authority. Minimum standards for engineering design for the improvement of North Avenue J, and associated drainage: 8" lime-stabilized subgrade and 10" cement-stabilized base with a single course of inverse penetration as a dust treatment. ~' I@) /3/ ;' Ii) tJ )1 S" WE S1~IUZEll SVOORloDE 10" ~ENi STl\tlILIZro BASE ~oor RQU.. SlJaQAAOE TYPIC~L 2 LANE PAVEME:NJ CROSS SECTION 2.a'-o' I- ;'1'''0" PROP. DITCH .....,U.:1t-_.____ PROPOStD PAvEMENT 13'-0' PROPOSED PlWEuorr 1 '-.0. PROPOS€D PAVEMENT 2'-0" '~SHoul..OO{ tU.S. 10' calE.m STABilJZEO ElASE PRoOF ROll. SUBGlW)f." . . TYPJCAL 3 LANe: PAVEMENT CROSS SECTION " ,L ~ ::Y . I"~"~ "! .';.f..... . it;i ~ . -i . t 1 < 'i , 'i'tc ,,.... (~.l ,,;;,. PARCEL CLOSED R-O-W -RAIL ._- CHANNEL ~:.'!Z~l!!I!lII ,"- ,- --------' REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: December 11,2006 Source of Funds: NA Requested By: John Joerns/Wavne J. Sabo Account Number: NA Department: CMOIPlannin2 Amount Budgeted: NA Report: _Resolution: _Ordinance: X Exhibits: Ordinance Interlocal Agreement Typical Road Cross Section Area Map SUMMARY On November 6, 2006, Council received a workshop presentation regarding the course of action being taken by the Port of Houston (PO H) which will open a portion of the J Street ROW as a 2-lane public road beginning at the intersection of J Street and S.H. 146's feeder road, crossing over 8th Street, proceeding east to the former 6th Street ROWand then north as a 3-lane private road to L Street. Attached is the interlocal agreement with POH prepared by the City Attorney and modified by both parties. The agreement, as presented was approved by POH on November 27, 2006. This interlocal agreement with POH lays out terms for: . Constructing and maintaining a public street including drainage (Standards to be approved by the City). The proposed cross section is 8" lime-stabilized subgrade and lO" cement-stabilized base. (See Exhibit-Typical Road Cross Section). A single course of inverse penetration as a dust free treatment was added. . POH agrees to pay all associated expenses and emplace protective measures required for city utilities. . POH maintains the roadway. . POH's intent is not to light the street and to only allow usage under daylight conditions. . POH allocates $250,000 for construction including dust free treatment mandated by the city. . Duration of the agreement is 5 years with a year-by-year renewal or cancellation by either party with l-year's notice. The intent of the road is to be a temporary ingress/egress for trucks to the Ceres Container Yard and other locations thereby relieving truck queuing on Barbours Cut and Broadway. The subject of street lighting, as directed by Council, was discussed by the Board for the POH. It was decided by POH that lighting would not be necessary since the road was intended to be used only during daylight hours. It must be noted that construction of the road does not meet PICM standards and that approval of this interlocal agreement with POH allows this deviation. Action Required bv Council: 1. Consider approval an ordinance to allow an interlocal agreement with the Port of Houston to construct and maintain a temporary road along the J Street ROW for ingress and egress for trucks servicing Port activities. 2. Direct the City Manager to execute the interlocal agreement. Auuroved for City Council A2enda L~106 at' ORDINANCE NO. 2006 - )/1 v L AN ORDINANCE APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE PORT OF HOUSTON AUTHORITY, FOR CONSTRUCTION AND MAINTENANCE OF A TEMPORARY ROAD ON NORTH AVENUE J RIGHT-OF-WAY, FROM HIGHWAY 146 TO NORTH 6TH STREET, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, a copy of which is on file in the office of the City Secretary. The Interim 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. PASSED AND APPROVED, this Jl4f1day Of~W- , 2006. By: ~y~ Alton E. Porter, Mayor ATTEST: '&1ffl(~tUV;w ~ a ha A. G11lett City Secretary APPROVED: Cl~k~ ~ Assistant City Attorney 2 AGREEMENT STATE OF TEXAS s s s KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS THIS AGREEMENT made and entered into by and between the CITY OF LA PORTE, a municipal corporation of Harris County, Texas, hereinafter referred to as "CITY" and the PORT OF HOUSTON AUTHORITY, a political subdivision of the State of Texas, hereinafter referred to as "PORT", WITNESSETH: WHEREAS, PORT is in need of certain governmental services for the benefit of the people and property at its Barbour's Cut Terminal; and WHEREAS, CITY is able and willing to provide said governmental services to PORT, upon the terms, conditions, and covenants herein contained: NOW, THEREFORE, pursuant to the authority granted by the Interlocal Cooperation Act (Article 4413(32c), V.A.T.S.), and in consideration of the mutual covenants, agreements, and benefits to both parties, it is hereby agreed as follows: I. CITY grants to PORT, CITY's consent for PORT to improve CITY's street Right-of-Way, described as follows: North Avenue J, from State Highway 146 to North 6th Street. for the purpose of constructing and maintaining a public street, including associated surface drainage. The engineering design, including drainage, materials, plans and specifications, shall be subject to the prior approval of CITY. Minimum standards for said project are set forth on Exhibit "A" attached hereto. PORT shall also secure approval of Harris County as to the drainage design, to insure that runoff from the former Harris County landfill is accounted for in the drainage design. II. PORT agrees to pay for all expenses associated with the design, construction, and maintenance of the roadway, including any necessary adjustment to or protective measures required for CITY utilities, or utilities operated by duly franchised CITY utility providers. III. PORT shall maintain the roadway in a safe and passable condition except as follows. The parties agree that the roadway shall be for daytime use only, that street lights will not be provided for use of the roadway after dark, and that the roadway shall be appropriately barricaded or other means shall be employed by the PORT to prevent use of the road after dark. IV. This Agreement shall be effective December 1, 2006, for a five (5) year initial term, and shall continue thereafter on a year-to-year basis, unless cancelled by either party hereto upon one (1) year's written notice to the other party hereto. CITY acknowledges that unless this Agreement is amended and additional funds are thereby made available, it is expressly understood and agreed that PORT has available the maximum sum of $250,000 to satisfy its obligations for construction of the roadway under this Agreement. PORT shall not be obligated to expend any funds more than the said maximum sum for its obligations for construction of the roadway under this Agreement. The parties recognize that the roadway to be constructed and maintained by PORT shall be primarily utilized by truck traffic to PORT's Barbour's Cut Terminal, and CITY shall have no maintenance responsibility for said roadway upon termination of this Agreement. EXECUTED IN DUPLICATE ORIGINALS, effective as of this the 1st day of December, 2006. BY: ATTEST: r APPROVED: twT~.r~r Knox W. Askins City Attorney BY: omas Kornegay Executive Director c;:zarz_~ Erik A. Eriksson General Counsel AUDITOR'S CERTIFICATE I hereby certify that funds are available to pay the obligation of the Port of Houston Authority of Harris County, Texas under this contract. ~ Barbara J. Scho -1 f/lrojtiP EXHIBIT "A" To Agreement between City of La Porte and the Port of Houston Authority. Minimum standards for engineering design for the improvement of North Avenue J, and associated drainage: 8" lime-stabilized subgrade and 10" cement-stabilized base with a single course of inverse penetration as a dust treatment. ~' IflI) /3 I ;' (I) 13 ':)' 8" ut.tE STASIUZfl) SUBGlWlE 10' ~N'f STA8IUZro BASE P/lOC)F ROU. SUBGRADE tU.S. TypIC~L 2 LANE PAVE~~NT CROSS SECTION za'-O" 1 W -:0" -.:..--..- ~.::.!t.___ PROPOSED PAvEMEHT 13'-0. PROf>QSED. P.wEI.lENT 1 '-.0. PROPOstD PA\IEt.ftNJ !u.s. 10. caIlWf STABIUZEO flI.S( PROOf ROU.. SOOGfW)F. - TYPICAL 3 t.ANE PAVEMENT CROSS SECTION ..... 15 ",- Agenda Date Requested: Dec EST FOR CITY COUNCIL AGENDA ITEM r 11 2006 Appropriation Requested By: Source of Funds: Department: Account Number: Report: Resolution: Ordinance: x Amount Budgeted: Exhibits: Resolution 2006-15 Rstahlishin~ the PID without Rxhibits Amount Requested: N/A Exhibits: Ordinance Approving Agreement Budgeted Item: YES NO Exhibits: Proposed PID Development A~reement SUMMARY & RECOMMENDATION On June 12,2006 City Council approved Resolution 2006-15 establishing City of La Porte Public Improvement District #1 (PID). Council is now requested to consider and approve a Development Agreement between the City and 65 La Porte, LTD. The agreement provides for construction of certain improvements within the PID, provides for advance funding by the developer and provides for the PID assessment to be collected for repayment of Developer advances for the improvements listed in Exhibit B. The action is necessary for the developer of Lakes @ Fairmont Green to secure "final" approval of his financing and move forward with construction. Note: Even though the PID was created on June 12 and Council will consider the agreement we will need to return to Council in the future with an amendment to the creation of the PID. The amendment is necessary for two reasons. 1. There was a mistake in the creation documents. The PID as created is not contiguous and state law requires it to be one contiguous area. 2. The PID needs to include Taylor Bayou from SH146 to McCabe Road, as a result of both City Council and TIRZ/Redevelopment Authority approving, in concept, the design and construction of enhancements along this stretch of Taylor Bayou. Action Required bv Council: Approval of Ordinance authorizing (PID) Development Agreement between City of La Porte and 65 La Porte, LTD. nterim City Manager P?' , I Date City of La Porte Resolution No. /XJi..p-lS- A RESOLUTION AUTHORIZING THE ESTABLISHMENT OF PUBLIC IMPROVEMENT DISTRICT NUMBER ONE IN THE CITY OF LA PORTE, TEXAS; AUTHORIZING PUBLICATION OF THIS RESOLUTION, PROVIDING FOR THE PREPARATION OF A SERVICE AND ASSESSMENT PLAN; AND MAKING OTHER PROVISIONS RELATED TO THE SUBJECT. ***** WHEREAS, the City of La Porte Council is authorized to create a public improvement district pursuant to Ch. 372 of the Texas 'Local Government Code (the "Code") for the purpose described therein, and the City has received a petition from certain landowners within the City requesting the creation of a public improvement district; and WHEREAS, the City Council held a public hearing on June 12,2006, notice of which was published and mailed to property owners of the proposed district pursuant to Section 372.009 of the Code; and WHEREAS, the City Council has made findings by resolution as to the advisability of the proposed improvement project, the nature of the improvements, the boundaries of the proposed public improvement district, the estimated cost, the method of assessment and the apportionment of cost between the improvement district and the City as a whole, as required by Chapter 372 of the Code; and WHEREAS, the City Council has determined that it should proceed with the creation of the Public Improvement District Number One and the provision of public improvements proposed to be provided thereby; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. correct. The facts recited in the preamble hereto are hereby found to be true and Section 2. Public Improvement District Number One (the "District") is authorized to be and is hereby established as a public improvement district under the provisions of Chapter 372 of the Code over the land currently included within the boundaries of the City of La Porte, Texas, as more fully described in Exhibit A attached hereto, all in accordance with the findings made by the City Council in Section 1 of Resolution No.fa:tcdtf passed and approved on .::Jl.Jt\e It. , 2006. Section 3. The City Secretary is hereby directed to give notice of the authorization for establishment of the District by publishing the resolution once in at least one local newspaper of general circulation in the City. The authorization and establishment of the District shall be deemed to be effective upon the publication of the notice directed by this section. Section 4. The City Council hereby directs the La Porte Redevelopment Authority to prepare a service and assessment plan for review and approval of the City Council in accordance with Chapter 372 of the Code. Section 5. The District shall not provide any improvements until at least 20 days after authorization of the District takes effect. Such services shall not begin if during such period a petition is filed pursuant to section 372.0l0(c) of the Code. Section 6. This Resolution shall be passed finally on the date of it's introduction and shall take effect immediately upon its passage and approval. Section 7. It is hereby found, determined and declared 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. City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. PASSED AND ADOPTED this ~ th day of ~ 2006. ~~y~ Alton Porter, Mayor Attest: Approved as to form: ~d. . U/ >~ Knox Askins, City Attorney ORDINANCE NO. 2006~ '1 ~ .3 AN ORDINANCE APPROVING AND AUTHORIZING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LA PORTE, TEXAS AND 65 LA PORTE, LTD; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The Mayor is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is herby authorized to attest to all such signatures arid 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. 2006- ~ tt (,5 <#t PASSED AND APPROVED, this 11 day oiJ)eft!fl{!Jer, 2006. ATTEST: , ~-~A.j)U)(:r Martha A. Gillett City Secretary APPROVED: ~7~ -PoY' K'E"ox W. Askins I City Attorney By: (\C~T: OF ~A~TE ~~1\)~ . Alton E. Porter Mayor DEVELOPMENT AGREEMENT This Development Agreement (this "Agreement") is made as of bee.. ii, 2006, by and between the CITY OF LA PORTE, a municipal corporation and a home-rule city in the State of Texas (the "City"), and 65 LA PORTE, LTD., a Texas limited company (the "Developer"). RECITALS WHEREAS, in accordance with the provisions of Chapter 372, TEX. LOCAL GOy'T CODE, and Resolutionb>aXo-IS, the City Council of the City of La Porte created the Public Improvement District Number One (the "P/D") pursuant to the petition for creation from the owner thereof; and WHEREAS, the City Council of the City has determined that it is in the bests interest of the City and the land within the PID to finance the construction of certain PID Improvements (defined below) and that an assessment against the benefited property within the PID should be made; and WHEREAS, the Developer is an owner of certain property within the PID described in Exhibit A, and wishes to finance and construct certain PID projects; and WHEREAS, the Developer intends to assist the City in the financing and construction of the PID Improvements, in exchange for the City's agreement to reimburse the Developer in accordance with the terms of this Agreement; now, therefore, AGREEMENT For and in consideration of the mutual promises, covenants, obligations, and benefits of this Agreement, the Developer contract and agree as follows: ARTICLE 1 GENERAL TERMS 1.01 Definitions. The terms "Agreement," "City," "Developer," "P/D," and "P/D Agreement" have the meanings set forth in the preamble hereof, and the following capitalized terms shall have the meanings provided below, unless otherwise defined or the context clearly requires otherwise. For purposes of this Agreement the words "shall" and "will" are mandatory, and the word "may" is permissive. Act shall mean the Public Improvement District Assessment Act, Chapter 3 72, TEX. LOCAL GOy'T CODE, as amended. Assessments shall mean assessments levied and collected in connection with the PID pursuant to the Act and the Plan, and deposited by the City into a PID Revenue Fund. Developer Advances shall mean any funds advanced by the Developer pursuant to Section 5.01, and shall include any interest payable thereon. Net Assessments shall mean the annual deposits of the Assessments into the PID Revenue Fund, less amounts reasonably required or anticipated to be required for the administration and operation of the PID in carrying out its responsibilities hereunder, including a reasonable operating reserve. Parties or Party shall mean the City, and the Developer as parties to this Agreement. PID Improvements shall mean the improvements described in Article 3 hereof. PID Revenue Fund shall mean the special fund established by the City and funded with payments made to the City pursuant to the PID. Plan shall mean the final Service and Assessment Plan for the PID as approved by City Council in accordance with the Act. Project shall mean the residential development within the PID projected to be carried out by the Developer described on Exhibit A. 1.02 Singular and plural; gender. Words used herein in the singular, where the context so permits, also include the plural and vice versa. The definitions of words in the singular herein also apply to such words when used in the plural where the context so permits and vice versa. Likewise, any masculine references shall include the feminine, and vice versa. ARTICLE 2 REPRESENTATIONS 2.0 I Representations of the City. The City hereby represents that: a. The City is duly authorized and is qualified to do business in the State of Texas and is duly qualified to do business wherever necessary to carryon the operations contemplated by this Agreement. b. The City has the power, authority and legal right to enter into and perform its obligations set forth in this Agreement, and the execution, delivery and performance hereof, (i) have been duly authorized, (ii) will not, to the best of its knowledge, violate any judgment, order, law or regulation applicable to the City, and (iii) does not constitute a default under or result in the creation of, any lien, charge, encumbrance or security interest upon any assets of the City under any agreement or instrument to which the City is a party or by which the City or its assets may be bound or affected. c. This Agreement has been duly authorized, executed and delivered and constitutes a legal, valid and binding obligation of the City, enforceable in accordance with its terms. laPorte _PID _Development Agreement 2 2.02. Representations of the Developer. The Developer hereby represents that: a. The Developer is duly authorized, created and existing under the laws of the State of Texas, is qualified to do business in the State of Texas and is duly qualified to do business wherever necessary to carryon the operations contemplated by this Agreement. b. The Developer has the power, authority and legal right to enter into and perform its obligations set forth in this Agreement, and the execution, delivery and performance hereof, (i) have been duly authorized, (ii) will not, to the best of its knowledge, violate any judgment, order, law or regulation applicable to the Developer or any provisions of the Developer's organizational documents, and (iii) does not constitute a default under or result in the creation of, any lien, charge, encumbrance or security interest upon any assets of the Developer under any agreement or instrument to which the Developer is a party or by which the Developer or its assets may be bound or affected. Agreement. c. The Developer has sufficient capital to perform its obligations under this d. This Agreement has been duly authorized, executed and delivered and constitutes a legal, valid and binding obligation of the Developer, enforceable in accordance with its terms. ARTICLE 3 THE PLAN AND PID IMPROVEMENTS 3.01 The PID Improvements. The PID Improvements are intended to enhance the proposed implementation of a development within the PID constituting the Project, as more fully described in the Plan. 3.02 PID Improvements description. The PID Improvements consist of acquisition, construction and development of the public improvements within the portion of the PID comprising the Project, as more fully described in Exhibit B, and as described in the Plan. The PID Improvements will be developed pursuant to a schedule consistent with the pace of development of the Project that is mutually agreeable to the Parties. The PID Improvements shall include all engineering, legal and other consultant fees and expenses related to such PID Improvements. 3.03 General terms of the Plan. The Plan has not yet been adopted by the City. The Parties anticipate that the Plan, at a minimum, will include the PID Improvements described above to serve the land within the PID, and such other facilities as may be agreed upon by the Parties, and that the Assessments shall be assessed in phases to affect only the portions of the PID directly benefited by the PID improvements to be financed by each Assessment. The assessments shall be based upon the agreed-upon percentage of estimated costs of the Public Improvements as reflected in Exhibit B, plus those related costs as deemed reimbursable by the City. LaPorte _PID _Development Agreement 3 3.04. Additional Projects. This Agreement does not apply to any projects not specifically included in the Plan and defined herein unless this Agreement is amended to provide for the design and construction of such additional projects. ARTICLE 4 DUTIES AND RESPONSIBILITIES OF THE DEVELOPER 4.01 Construction manager. The Developer agrees to construct the PID Improvements and to provide and furnish, or cause to be provided and furnished, all materials and services as and when required in connection with the construction of the PID Improvements. The Developer will obtain all necessary permits and approvals from the City and all other governmental officials and agencies having jurisdiction, provide supervision of all phases of construction of the PID Improvements, provide periodic reports of such construction to the City upon request, and cause the construction to be performed in accordance with the Plan. 4.02 Design of the PID Improvements. The Developer shall prepare or cause to be prepared the plans and specifications for the PID Improvements. Prior to the commencement of construction or implementation of the PID Improvements, the plans and specifications must be approved by the City. The PID Improvements shall be designed in accordance with City standards applicable to similar public improvements within the City. 4.03 Construction contracts. The Developer shall prepare the PID Improvements construction contract documents to ensure that the contract documents are in accordance with the approved plans and specifications. The Developer shall comply with all laws and regulations regarding the bidding and construction of public improvements applicable to similar facilities constructed by the City, including without limitation any applicable requirement relating to payment, performance and maintenance bonds. 4.04. Construction and implementation of the PID Improvements. The Developer shall be responsible for the inspection and supervision of the construction and implementation of the PID Improvements. a. The Developer shall commence construction of the PID Improvements in a timely fashion to coincide with the expected development of the Project. b. Upon completion of a contract for the construction of the PID Improvements, the Developer shall provide the City with a final summary of all costs associated with such contract, and show that all amounts owing to contractors and subcontractors have been paid in full evidenced by customary affidavits executed by such contractors. Following completion of a construction contract, the Developer will call for inspection of the applicable PID Improvements by the City, and upon approval thereof as being in compliance with City standards relating thereto, the PID Improvements will be conveyed to the City, subject only to the right to reimbursement for Developer Advances with respect thereto. ARTICLE 5 PROJECT FINANCING AND FUNDING laPorte _ PID _Development Agreement 4 5.01. The Developer Advances. a. In connection with the construction of the PID Improvements the Developer has determined are required to by constructed to serve the Project, the Developer agrees to provide sufficient funds as such become due for all costs thereof (the "Developer Advances"), such as costs of design, engineering, materials, labor, construction, and inspection fees arising in connection with the PID Improvements, including all payments arising under any contracts entered into pursuant to this Agreement, all costs incurred in connection with obtaining governmental approvals, certificates or permits required as a part of any contracts entered into in accordance with this Agreement, and all related legal fees and out-of-pocket expenses incurred on behalf of the City in connection therewith. Developer Advances shall further include any amounts advanced by the Developer in connection with the administration of the PID and the design and construction of the PID Improvements. b. Interest on each Developer Advance shall accrue at a seven percent (7%) annual rate, compounded annually, whether such costs, fees, or expenses are paid or incurred before or after the effective date of this Agreement. Interest shall be calculated on the basis of a year of 360 days and the actual days elapsed (including the first day but excluding the last day) occurring in the period for which such interest is payable, unless such calculation would result in a usurious rate, in which case interest shall be calculated on the per annum basis of a year of 365 or 366 days, as applicable, and the actual days elapsed (including the first day but excluding the last day). 5.02. Repayment of Developer Advances. a. In consideration of the development and construction of the PID Improvements, the City shall begin repaying the Developer Advances, and shall continue such repayment until repaid in full, on the earliest date that funds are available from the following source, and solely from such source: (i) the Net Assessments, subject to the limitations set forth III subsection (c). b. the City shall reimburse the Developer for Developer Advances, plus interest, from Net Assessments from the Project accumulated in the PID Revenue Fund available in accordance with the priorities described in Section 5.03, below. c. At such time as funds are available to pay all or any portion of the Developer Advances made hereunder, the City shall hire a certified public accountant at the Developer's expense to calculate the amount due the Developer and prepare and submit a report to the City certifying (1) the amount due the Developer for the Developer Advances being repaid with interest calculated thereon, and (2) that funds are available to make such payment. Such report shall be approved at the earliest practicable time, but not later than 90 days after submission by the Developer of the records required therefor. The City shall make payment to the Developer within 30 days of approval of the auditor's report. LaPorte_PID _Development Agreement 5 5.03. Priorities. Amounts deposited in the PID Revenue Fund shall be applied in the following order of priority (i) administrative and operating costs of the PID, (ii) payments to the Developer pursuant to Section 5.02, above. ARTICLE 6 DEFAULT 6.01. Default. a. If the City does not perform its obligations hereunder in substantial compliance with this Agreement, in addition to the other rights given the Developer under this Agreement, the Developer may enforce specific performance of this Agreement or seek actual damages incurred by the Developer for any such default. b. If the Developer fails to commence or complete the PID Improvements or the Project in accordance with the terms of this Agreement, including the failure to fund Developer Advances, the City may terminate this Agreement with respect to its obligations to the Developer and shall be relieved of any obligation to reimburse the Developer for any Developer Advances made after notice of such default has been provided to the Developer in writing or . seek actual damages incurred for any such default. c. The Party alleging default shall provide written notice to the other party of such default, and the defaulting party shall have 60 days to remedy the default prior to the declaration of any default hereunder. ARTICLE 7 GENERAL 7.01. Inspections. audits. The Developer agrees to keep such operating records with respect to the PID Improvements and other activities contemplated by this Agreement and all costs associated therewith as may be required by the City, or by State and federal law or regulation. The Developer shall allow the City access to, and the City shall have a right at all reasonable times to audit, all documents and records in the Developer's possession, custody or control relating to the PID Improvements that the City deems necessary to assist the City in determining the Developer's compliance with this Agreement. 7.02 Developer operations and em~loyees. All personnel supplied or used by the Developer in the performance of this Agreement shall be deemed contractors or subcontractors of the Developer and will not be considered employees, agents, contractors or subcontractors of the City for any purpose whatsoever. The Developer shall be solely responsible for the compensation of all such contractors and subcontractors. 7.03 Persona1liabilitv of public officials. legal relations. To the extent permitted by State law, no director, officer, employee or agent of the City shall be personally responsible for laPorte _PID _Development Agreement 6 any liability arising under or growing out of the Agreement. THE PARTIES SHALL INDEMNIFY AND SAVE HARMLESS EACH OTHER AND THEIR RESPECTIVE OFFICERS, REPRESENTATIVES, AND AGENTS FROM ALL SUITS, ACTIONS, OR CLAIMS OF ANY CHARACTER BROUGHT FOR OR ON ACCOUNT OF ANY INJURIES OR DAMAGES RECEIVED BY ANY PERSON, PERSONS, OR PROPERTY RESULTING FROM THE NEGLIGENT ACTS OF SUCH PARTY, OR ANY OF ITS AGENTS, OFFICERS, OR REPRESENTATIVES IN PERFORMING ANY OF THE SERVICES AND ACTIVITIES UNDER THIS AGREEMENT. 7.04 Notices. Any notice sent under this Agreement (except as otherwise expressly required) shall be written and mailed, or sent by electronic or facsimile transmission confirmed by mailing written confirmation at substantially the same time as such electronic or facsimile transmission, or personally delivered to an officer of the receiving party at the following addresses: City of La Porte c/o City Manager P.O. Box 1115 La Porte, Texas 77572-1115 PID Contract Administrator Hawes Hill Calderon, LLP P.O. Box 22167 Houston, Texas 77092 Attn: Scott Bean Mr. Joe Fogarty 65 La Porte Ltd 340 N. Sam Houston Parkway East, #100 Houston, Texas 77060 Each party may change its address by written notice in accordance with this section. Any communication addressed and mailed in accordance with this section shall be deemed to be given when so mailed, any notice so sent by electronic or facsimile transmission shall be deemed to be given when receipt of such transmission is acknowledged, and any communication so delivered in person shall be deemed to be given when receipted for by, or actually received by the Authority, or the Developer, as the case may be. 7.05 Amendments and waivers. Any provision of this Agreement may be amended or waived if such amendment or waiver is in writing and is signed by the City and the Developer. No course of dealing on the part of the Parties, nor any failure or delay by one or more of the Parties, with respect to exercising any right, power or privilege under this Agreement shall operate as a waiver thereof, except as otherwise provided in this section. 7.06 Invalidity. In the event that any of the provisions contained in this Agreement shall be held unenforceable in any respect, such unenforceability shall not affect any other provision of this Agreement. laPorte _ PID _Development Agreement 7 7.07 Successors and assigns. All covenants and agreements contained by or on behalf of a Party in this Agreement shall bind its successors and assigns and shall inure to the benefit of the other Parties, their successors and assigns. The Parties may assign their rights and obligations under this Agreement or any interest herein, only with the prior written consent of the other Parties, and any assignment without such prior written consent, including an assignment by operation of law, is void and of no effect; provided that, the Developer may make an assignment to a successor developer of the Land if such assignee specifically assumes all of the obligations of the Developer hereunder or may make a collateral assignment in favor of a lender without consent. This section shall not be construed to prevent the Developer from selling lots, parcels or other portions of the Land in the normal course of business. If such assignment of the obligations by the Developer hereunder is effective, the Developer shall be deemed released from such obligations. If any assignment of the obligations by the Developer hereunder is deemed ineffective or invalid, the Developer shall remain liable hereunder. 7.08 Exhibits; titles of articles. sections and subsections. The exhibits attached to this Agreement are incorporated herein and shall be considered a part of this Agreement for the purposes stated herein, except that in the event of any conflict between any of the provisions of such exhibits and the provisions of this Agreement, the provisions of this Agreement shall prevail. All titles or headings are only for the convenience of the parties and shall not be construed to have any effect or meaning as to the agreement between the parties hereto. Any reference herein to a section or subseCtion shall be considered a reference to such section or subsection of this Agreement unless otherwise stated. Any reference herein to an exhibit shall be considered a reference to the applicable exhibit attached hereto unless otherwise stated. 7.09 Construction. This Agreement is a contract made under and shall be construed in accordance with and governed by the laws of the United States of America and the State of Texas, as such laws are now in effect. 7.10 Entire Agreement. THIS WRITTEN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR. CONTEMPORANEOUS. OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. 7.11 Term. This Agreement shall be in force and effect from the date of execution hereof for a term expiring on the date that the Developer Advances have been repaid in full, or January 1 of the year following the date the last assessment payment has been made in accordance with the PID Service and Assessment Plan and Assessment Roll(s). 7.12 Time of the essence. Time is of the essence with respect to the obligations of the Parties to this Agreement. 7.13 Approval by the Parties. Whenever this Agreement requires or permits approval or consent to be hereafter given by any of the parties, the parties agree that such approval or consent shall not be unreasonably conditioned, withheld or delayed. 7.14 Counterparts. This Agreement may be executed in multiple counterparts, each of laPorte _ PID _ Development Agreement 8 which when so executed and delivered shall be deemed an original, but such counterparts together shall constitute but one and the same instrument. 7.15 Legal costs. If any Party hereto is the prevailing party in any legal proceedings against another Party brought under or with relation to this Agreement, such prevailing Party shall additionally be entitled to recover court costs and reasonable attorneys' fees from the non- prevailing Party to such proceedings. 7.16 Further assurances. Each Party hereby agrees that it will take all actions and execute all documents necessary to fully carry out the purposes and intent of this Agreement. [EXECUTION PAGE FOLLOWS] laPorte _ PID _Development Agreement 9 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly executed as of lJpcp ""her I L-, 2006. CITY p~. LA PO~~ J.- By: \...~ E~ ~e__ Name:~n ~. Pt5r~r Title: Mo.\{ or 65 LA PORTE, LTD. k ~L7f, ~e Foga y vJTitle: PR~5IPENr laPorte _PID _Development Agreement 10 Exhibit A t. " .. U 1S " I> NOR'TH STATE IIGHWAY 14D ~- - -- ............ _t'._ " 11: iXHl8IT PROPOSED PUBLIC IMPROVEMENT DISTRICT NO. 1 CITY OF LA PORTE 118.<45 ACRES laPorte _PID _Development Agreement " .. 11 Exhibit B The PID Improvements Project Estimated Cost PID Reimbursement (35%) Site Preparation $479,886 $167,960 Water Lines $452,352 $158,323 Sanitary Sewer $963,157 $337,105 Storm Sewer $1,557,746 $545,211 NPDES/Erosion Control $274,771 $96,170 Contingencies (15%) $559,187 $195,715 Engineering (15%) $643,065 $225,073 PID Creation Costs $30,000 $30,000 (100%) TOTAL $4,960,164 $1,755,557 laPorte _ PID _Development Agreement 12 19/20 -- '"' - A REQUEST FOR CITY COUNCIL AGENDA ITEM Agea'" Date Req_: 1:111~ . .,A Requested By: D. Wilmore ~ Department: Planning Aoorooriation Source of Funds: N/A Account Number: Report: X Resolution: Ordinance: Amount Budgeted: Amount Requested: Exhibits: Recommendation Memo from Board Budgeted Item: YES NO Exhibits: Exhibits: SUMMARY & RECOMMENDATION In June 2006, The Building Codes Appeals Board (BCAB) began discussion regarding a possible local residential and commercial electrical code amendment to prohibit the use of "quick stab" push-in type/spring connection on all electrical devices (outlets, switches, etc). The discussion began following a concern raised by a local, state licensed master electrician. The final recommendation is outlined in the attached Board memo; however, the following represents a summary of their proposal. · All electrical devices (outlets, switches, etc.) shall be installed with the screw-wrap or "approved screw clamp" installation (back or quick stab installation is prohibited). The Board recommends Council support the amendment as outlined in the attached memo and direct staff to prepare an ordinance with a 6O-day implementation period. This delay would allow mail notification to electrical contractors as well as counter handouts for the public. Action Required bv Council: Consider accepting the Building Codes Appeals Board recommendation and direct staff to prepare an ordinance to implement the change. )r-~ ate Memo CC: Honorable Mayor and City Council Tom Campbell, Chairman of the Building Codes Appeal Board (ffj, Building Codes Appeals Board Members; Debbie S. Wilmore, Chief Building Official; Wayne Sabo, Director of Planning; John E. Joerns, Interim City Manager 11/6/2006 Local Amendment to the Building Codes To: From: Date: Re: In June 2006, the Board began discussion regarding a possible local residential and commercial electrical code amendment to prohibit the use of "quick stab" push-in type/spring connections on all electrical devices (outlets, switches. etc.). The discussion by the Board began following a concern raised by Mr. Tommy Moser, a local, state licensed master electrician. Mr. Moser expressed concerns over the use of this method of installation and approached me as Chairman. Following our conversation, I added this discussion item to the board agenda. Mr. Moser attended the Board's October 19, 2006 meeting and discussed the matter based on his expertise in the electrical field. Following his presentation to the Board, members voted to develop a Board memorandum to City Council recommending the change in the local electrical regulations. The Board's recommendation for Council's consideration is as follows: All electrical devices (outlets, switches, etc.) shall be installed with the screw-wrap or "approved screw clamp" installation (back or quick stab installation is prohibited). The Board recommends Council support the amendment as outlined in this memo and direct staff to prepare an ordinance with a 60-day implementation period. This delay would allow mail notification to electrical contractors as well as counter handouts for the public. As Chairman, I plan to attend the Council meeting and be available for questions. 1 ~ -- -- :rTE~ TAbLED REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: December 11. 2006 Appropriation Requested By: .John .Tm>rns Source of Funds: Department: Administration Account Number: Report: Resolution: Ordinance: Amount Budgeted: Exhibits: Resolution 2006-16fT ,etter Dated 6/12/06 Amount Requested: Exhibits: Letter from Port Crossing Land, L.P. Budgeted Item: YES ~O Exhibits: ny JMS' ./ FTZ Tax Analysis - Underwood Business Park ./ FTZ Tax Analysis - Port Crossing ./ FTZ - Analysis (Fictitious Company) Exhibits: Community Tax Analysis DOl'ument SUMMARY & RECOMMENDATION Council has held a couple of workshops to discuss Foreign Trade Zones (February 27,2006 and May 22,2006) At the June 7, 2006 City Council Meeting Council approved a resolution and letter (attached) supporting the expansion of Foreign Trade Zone to include both Underwood Business Park and Port Crossing. This action paved the way for the formal application and the subsequent "federal benefits and exemptions". Council, however, has not taken any action regarding "local" inventory exemptions. Council needs to determine what local exemptions, ifany, they will consider. Council's decision would set the "de facto" local FTZ exemption for future requests. The attachments provided by IMS include a projected revenue stream for both Port Crossing and Underwood Business Park based on certain assumptions; followed by a table that estimates the estimated inventory revenue for various levels of local exemptions. They also provided "Community Tax Analysis" document that includes a list of exemptions offered in surrounding communities. Also included is a table that displays various revenue streams assuming for a fictitious company; ./ In the Industrial District (current conditions - 53% of in City tax revenue) ./ With a Tax Abatement Agreement (6-year of lO-year period) Also, Council will need to determine (if a local exemption is approved) if they wish to allow a company to receive both a Tax Abatement and a "local" Foreign Trade Zone exemption. Action Required by Council: Give direction on (local) FTZ exemption. If granted, at what level? Also, provide direction on other parameters; . Allow company to receive only one or both o Tax abatement Agreement (10 year) o (Local) FTZ Exemption · (Local) FTZ Exemption only after tax abatement expires or is terminated o Other --- /#:.' RESOLUTION NO. 2006-~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE SUPPORTING THE 2006 HOUSTON FOREIGN TRADE ZONE EXPANSION APPLICATION TO THE FTZ BOARD WHICH INCLUDES TWO TRACTS OF LAND SITUATED IN THE CITY OF LA PORTE 1 FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW 1 AND PROVIDING AN EFFECTIVE DATE HEREOF. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: section 1. The City Council of the City of La Porte authorizes the delivery of the letter attached to this Resolution as Exhibit "A", and incorporated by reference herein, addressed to the Foreign Trade Zones Board, U.s. Department of Commerce, Washington, D. C., evidencing the support of the 2006 Houston Foreign Trade Zone expansion application to the FTZ Board, which includes two tracts of land situated in the City of La Porte. The Mayor of the city of La Porte is authorized to execute and deliver the attached letter. 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 resolution 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 Resolution shall be effective from and after its passage and approval. PASSED AND APPROVED this 12th day of June, 2006. CF\Y O~ LAl ~45E ~\vl*b\I. ~~ Alton E. Porter, Mayor By: ATTEST: vm (}J1:l", 4 . J4jiJ)/ Martha A. Gl lett City Secretary AP1JZ ~ ~ Knox W. Askins City Attorney 2 City of La Porte Established 1892 June 12, 2006 Mr. pierre Duy Acting Executive Secretary Foreign Trade Zones Board U.S. Department of commerce 1401 Construction Ave., NW Room 2814B Washington, DC 20230 Dear Mr. Duy: The City Council of the city of La Porte has voted to support the 2006 Houston FTZ expansion application being submitted to the FTZ Board for several landowners, two of which are located within the City. We have been briefed on the tax issues involved and we have received a commitment from the landowners to execute our tax exemption agreement. We believe that the overall positive economic development that will occur as a result of these two new developments outweighs the potential tax exemption and we encourage the Board to expedite the review process. The City typically will only grant one type of tax incentive per location. Therefore, any other tax incentives sought by users or developers of or within the FTZ may be restricted and shall be subject to approval on a case by case basis. Yours very truly, CITY OF LA PORTE By:~~Mb_ Alton E. Porter Mayor AEP : sw EXHIBIT DAD P.O. Box 1115 · La Porte, Texas 77572-1115 · (281) 471-5020 PORT CROSSING LAND, L.P. 3330 S. Sam Houston Parkway E. Houston, Texas 77047 713-578-1234 December 4, 2006 Mr. John Joems City Manager City of La Porte 604 W. Fairmont Parkway La Porte, Texas 77571 Re: Proposed Foreign Trade Zone for Port Crossing Dear John, Please include our Foreign Trade Zone topic on the December agenda for City Council. We would like to simplify the discussion, if possible. Instead of discussing the merits of Foreign Trade Zones and how they are used, I'd like to focus simply on the industrial market around La Porte and how competitive it has become. Two years ago, very little activity was present. Granite Properties was building the second building on Barbours Cut Blvd. for Gulf Winds in Morgan's Point and Clay Development was building several buildings at Battleground in Deer Park. In addition, a few smaller buildings were being developed in the area. Since that time, the market has changed substantially due to low cap rates, an unbelievable surge of investment capital available to the market, and the hype surrounding the new Bayport Terminal. Over 6.6 million square feet of industrial space has been built and leased or sold during that two-year time frame. In addition, 1.6 million square feet has been built speculatively and remains available to the market. Another 3.1 million is currently under construction for lease and/or sale. Over 12.7 million square feet of additional industrial space is currently planned by developers that have already purchased property in the area. The total square footages are astounding. The competition is stiff. Developers are already offering reduced lease rates and "no rent" periods for up to 6 months to attract tenants. Some sites have full Foreign Trade Zones, heavy-haul or overweight permit areas, tax abatements, and other financial incentives to attract businesses. Simply put, we need to assemble the best set of financial incentives possible to compete with other developers for prospective tenants. We don't want to construct buildings and watch them sit empty. Major tenants and users sometimes need the benetits that a Foreign Trade Zone has to offer. Port Crossing has the highest standards of all the new industrial parks being developed. We are implementing detailed landscaping standards, buffer zones and building setback lines, high quality monumentation, and strict codes, covenants, and restrictions for the park. We also are constructing our buildings to very high construction standards. We plan to own these buildings for years to come and we are searching for national and international companies to utilize the space. We are not attempting to find tenants and then quickly sell. Port Crossing Land, L.P. sincerely appreciates the City's support and we look forward to providing the best possible development in the area. If you have any questions, please call to discuss. Sincerely, Russell D. Plank Vice President Port Crossing Land, L. P. ,,,,- FTL )Tax Analysis for the City) of La Porte - Port Crossl)ng 2007 2008 2009 2010 2011 2012 Taxable Inventory $1,000,000 $7,500,000 $20,000,000 $25,000,000 $25,000,000 $25,000,000 Total Investment in Buildina & Eauioment $12,000,000 $52,000,000 $92,000,000 $171,000,000 $171,000,000 $171,000,000 Total Value of Property - F1 $25,600,000 $25,600,000 $25,600,000 $25,600,000 $25,600,000 $25,600,000 6 - Year Projections Additional Assumptions Port Crossina Real Property Tax Rate - City of La Porte 0.710% 295. +/- A.cres Inventory Percent Qualifying for FTZ 60.000% 1.5 +/- million sf at buildout Inventory Percent not Qualifying for FTZ 40.000% City Revenue from Real Property and Non- FTZ Inventory $269,800 $572,260 $891,760 $1,466,860 $1,466,860 $1,466,860 JI )iL.l:W~)J rfl City Revenue from FTZ Inventory with No FTZ Tax Exemotion $34,080 $147,680 $261,280 $485,640 $485,640 $485,640 City Revenue from FTZ Inventory with 25% FTZ Tax Exemotion $25,560 $110,760 $195,960 $364,230 $364,230 $364,230 City Revenue from FTZ Inventory with 50% FTZ Tax Exemption $17,040 $73,840 $130,640 $242,820 $242,820 $242,820 City Revenue from FTZ Inventory with 75% Exemption $8,520 $36,920 $65,320 $121,410 $121,410 $121,410 City Revenue from FTZ Inventory with Full FTZ Tax Exemotion $0 $0 $0 $0 $0 $0 Average Amount of Potential Revenue (Decrease/lncrease) Based on 25% Intervals in FTZ Exemption Level $8,520 $36,920 $65,320 $121,410 $121,410 $121,410 ) )) FTZ Tax Analysis for the City of La Porte - Underwood 2007 2008 2009 2010 2011 2012 Taxable Inventorv $7,500,000 $10,000,000 $20,000,000 $20,000,000 $20,000,000 $20,000,000 Total Investment in Building & EQuioment $120,000,000 $120,000,000 $120,000,000 $120,000,000 $120,000,000 $120,000,000 Total Value of Property - F1 $2,042,700 $2,042,700 $2,042,700 $2,042,700 $2,042,700 $2,042,700 6 - Year Projections Additional Assumptions Real Property Tax Rate - City of La Porte Underwood 0.710% Inventory Percent Qualifying for FTZ 60.000% 164.34 +/- acres Inventory Percent not Qualifying for FTZ 40.000% 1.2+/- million sf at buildout City Revenue from Real Property and Non- FTZ Inventorv $887,803 $894,903 $923,303 $923,303 $923,303 $923,303 City Revenue from FTZ Inventory with No FTZ Tax Exemption $31,950 $42,600 $85,200 $85,200 $85,200 $85,200 City Revenue from FTZ Inventory with 25% FTZ Tax Exemption $23,963 $31,950 $63,900 $63,900 $63,900 $63,900 City Revenue from FTZ Inventory with 50% FTZ Tax Exemption $15,975 $21,300 $42,600 $42,600 $42,600 $42,600 City Revenue from FTZ Inventory with 75% Exemption $7,988 $10,650 $21,300 $21,300 $21,300 $21,300 City Revenue from FTZ Inventory with Full FTZ Tax Exemption $0 $0 $0 $0 $0 $0 Average Amount of Potential Revenue (Decrease/lncrease) Based on 25% Intervals in FTZ Exemption Level $7,988 $10,650 $21,300 $21,300 $21,300 $21,300 ~ FLC.tlt-// ).(,S ~o}t.r~a) y 6 - Year Projections ) FTZ Tax Analysis for the City of La Porte 2007 2008 2009 2010 2011 2012 Taxable Inventory $1,000,000 $2,500,000 $3,500,000 $5,000,000 $5,000,000 $5,000,000 Total Investment in Building & Equipment $10,000,000 $10,000,000 $10,000,000 $10,000,000 $10,000,000 $10,000,000 Total Value of Property - F1 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 Additional Assumptions Real Property Tax Rate - City of La Porte Inventory Percent Qualifying for FTZ Inventory Percent not Qualifying for FTZ Industrial District Exemption 0.710% 60.000% 40.000% 53.000% Additional City Revenue from FTZ Inventory Based On No FTZ Tax Exemption $4,260 $10,650 $14,910 $21,300 $21,300 $21,300 Additional City Revenue from FTZ Inventory Based On 25% FTZ Tax Exemption $3,195 $7,988 $11 , 183 $15,975 $15,975 $15,975 Additional City Revenue from FTZ Inventory Based On 50% FTZ Tax Exemption $2,130 $5,325 $7,455 $10,650 $10,650 $10,650 Additional City Revenue from FTZ Inventory Based On 75% Exemption $1 ,065 $2,663 $3,728 $5,325 $5,325 $5,325 Additional City Revenue from FTZ Inventory Based On Full FTZ Tax Exemption $0 $0 $0 $0 $0 $0 Average Amount of Increase Based on 2 City Revenue from Industrial District Based On All Property and I nvento $48,.919 LA PORTE'S TAX ABATEMENT POLICY IS NOT BASED ON INVENTORY I Tax Abatements on BuildinglEquip I $71,QQOI )00 ?o $58,327 $71,0001 )00"10 $71,0001 )00 "(0 $56.,800 I % oTo $63,971 $42,6001 (j) ?cJ $28,4001 40 (0 Community Tax Analysis Document In order for the City of La Porte to attract the right type of industrial development and employment opportunities that come with the establishment of a national distribution center, it will be imperative that the City of La Porte determine a tax incentive that will be competitive with those of the surrounding areas. While some taxing jurisdictions do not offer tax exemptions, others, like Chambers County and Bay town (just across the bridge), are capitalizing by offering a full exemption, and thus, reaping the rewards of landing the largest of the national distribution center activity. As a result of this type of capitalization, Chambers County and Bay town have realized a large increase in their revenue, provided their area residents with job opportunities, and established a strong market reputation as a prime location for distribution center facilities. The federal exemption that is provided under the Foreign-Trade Zone (FTZ) program was designed to provide importers with the ability to retain as much American processing and distribution as possible in order to help retain jobs in the u.s. This is done by providing companies that meet FTZ criteria with the ability to waive inventory taxes on merchandise that enters the u.s. from foreign locations for processing and distribution to the u.s. marketplace. Following is a list of the exemptions which are offered in surrounding communities: Harris County, Houston, Deer Park and Deer Park Independent School District (ISD) - 0% Exemption }lc>~to~ X,S n - 0 OZo Harris County, the City of Houston, City of Deer Park and Deer Park ISD provide a 0% exemption on applicable inventory within FTZ facilities. City of Pasadena - 0% Exemption P0,56-te".>tL ':( S rC> ,-? The City of Pasadena has followed their neighbor, Deer Park, and has also offered no tax exemption incentives for FTZ related projects. Chambers ~ounty and Bayt:own, Texas -100% Exell\ptj~n Ii . -r;;' . 11. III \ c;..oo,se.. CR.ee-k :c..,S p- )001p .0":> 2,wt..CL.JJ-Le-ct fl?fl(,c'-'~ (&'l)'e~Le.{~1 Both of these taxing jurisdictions are currently offering FTZ facilities a 100% tax exemption on all applicable inventory. This added benefit has led to a significant movement/relocation of large national distribution centers to the Cedar Crossing Industrial Park, including Home Depot. La Porte Independent School District - 50% Exemption Historically, the La Porte ISD has given a 75% exemption, but this year lowered the exemption to 50%. I:\PRON-louston Expanion App. 2006\Community Tax Analysis Document.doc c ",- REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation "..-.~,.'- Agenda Date Requested: December 11 200 Requested By: Department: Acc't Number: Report: -X-Resolution: _Ordinance: _ Amount Budgeted: Exhibits: Report to Council, November 20, 2006 Amount Requested: Exhibits: Conceptual Design & Cost Estimate Bu eted Item: YES X NO Exhibits: Executive Summary, Dr. Crompton SUMMARY & RECOMMENDATION See attached report and supporting documents. If pursued as proposed in the attached report it is estimated that the joint venture project will require at least an additional $1.5 million dollars over current available funds. If the 1 st & 2nd interlocal agreements are pursued, it is estimated that the project could be bid for construction by June 2007 at the earliest. Action Required bv Council: Give direction regarding continuation of a joint venture principally between the City of La Porte and the City of Pasadena for a sports complex to be built on City of Pasadena owned land in the City of La Porte's extraterritorial jurisdiction with potential interest in participation by other governmental entities. ".,......-.. /111.6 ~ity of La Porte Interoffice Memorandum November 21. 2006 To: Mayor and City Council From: Stephen L. Barr, Director of Parks & Recreation Through: John Joems, Assistant City Manager Subject: Report Re arding Conceptual Design and Budget for Proposed Joint Venture Sports Complex with the City of Pasadena Overview The respective staffs of the City of La Porte and the City of Pasadena have been working to develop an agreement for the proposed Youth Sports Complex that will meet the needs of both cities and their respective sports associations. . As was reported to Council in September, Pasadena has raised some issues regarding the funding of the project that have resulted in a change of course in getting the project off the ground. John Armstrong and I met with Lee Clark, Pasadena City Attorney and staff, to discuss their concerns. The primary issues that have been raised by Pasadena are Funding Level, Cost Estimates, and Division of Responsibility. Council Direction After receiving the report on September 25, 2006, Council directed staff to implement a conceptual design and preliminary cost estimate for the project, to determine if the required number of fields would actually fit on the property, and to get a realistic cost estimate for the project. Staff contacted Bob Randall, of Randall-Porterfield Architects, Inc. and contracted for a quick conceptual design and cost estimate as directed, at a substantially reduced cost (La Porte's share was just over $3,000). The report provided back by Mr. Randall includes a conceptual design, and preliminary cost estimate for the project, and is enclosed for your review. ReDort Summary Conceptual Design - The conceptual design shows a total of 23 fields, 9 of which are designated as La Porte Fields and two "Shared Fields", % usage of each of these fields would be designated for La Porte, making our total number of 1 0 fields. Pasadena would have 12 fields, with % usage of the two "Shared Fields", making a total of 13 fields for their operations which is acceptable to them. This design, while still conceptual, shows that we can get a working design that will meet both cities' needs for the project. The design provides 920 parking spaces, with overflow parking available through a pedestrian bridge and pathway to the Pasadena Convention Center parking __ areas. The design also provides pavilions for restrooms, concessions, and shelter from inclement Page 1 of 4 -weather, as well as play areas that include basketball, volleyball and children's play activities, and Dog Park. There are still some design issues that need to be addressed, mainly: ./ If possible, incorporate detention basins into the 8.5 acre wetlands site, or mitigate into adjacent HCFC property. ./ Expand vehicular access to site, possibly through the proposed Canada Road, or through additional access lanes to Fairmont Parkway. These areas can be addressed if the project moves forward. Preliminary Cost Estimate - The preliminary cost estimate provides considerable "sticker shock" for the project, for both cities. The total preliminary numbers for the project, including contingency and an 8% annual inflation factor, is $12,525,488. Staff from both cities have reviewed the costs and have immediately identified some cost savings that reduce this number substantially. One, Pasadena uses a contingency of 5% for projects this size which cuts approximately 1.2 million. Two, utilization of force account installation of landscaping, sod, and other landscape work should equate to savings that will cut another % million from the total. Three, staff also feels that the inflation allowance at 8% is somewhat misleading in that, if things move forward, we could have the project designed and be ready for construction letting in 6-7 months, cutting another 400K from the preliminary budget number. With these three cuts, the amount drops to approximately $11 M. Staff believes that there are other cost savings that can be derived through careful review and monitoring of the design/specification/construction process for this project. Potential Shared Costs/Savings - Staff from both cities have met with representatives from Harris County Precinct 2, the City of Deer Park, and LPISD to discuss potential sharing of facilities and ,,- ~onsolidation of Pony Leagues from these areas as well as potential practice facilities with LPISD. Contributions from each group, should they choose to participate, would further reduce costs for the project. In addition, Harris County Precinct 2 has expressed some interest in possibly providing a "sprayground" in place of a traditional playground at the site that would further reduce the construction costs. Utilization of the existing wetlands area, or mitigation of detention through Harris County Flood Control property, could also reduce the earthmoving portion of the construction costs considerably. Staffs from both dties plan to judiciously review the plans as they are developed, using value engineering to assure that we get the best quality at the lowest cost. Finally, staff from both cities plan to aggressively market the project in the area of "field naming rights" and fencing advertising, to further reduce the overall costs of the facility. Pasadena staff has had some overtures from major corporate sponsor candidates for fadlity naming rights and advertising at the facility. Overall, through cost sharing, aggressive marketing, and design modification and monitoring, the Pasadena and La Porte staff are confident that we can reduce the City of La Porte's additional costs to $1.5M, for a total projected share for La Porte, of $3.5M. Fundina The proposed agreement would split the funding on a 40%-60% basis, with the City of La Porte funding approximately 40%, and the City of Pasadena funding approximately 60% of the total project. The approximate percentages relate to the potential cost sharing by others, savings generated through sale of naming rights and advertising, thereby reducing the total share of funding for both cities. As you may recall, the City of La Porte has $2M ready for the project. Through the methods related in the previous paragraph, staffs of both cities are confident that we - can reduce the total cost of the project to approximately $9.5M. The following is a summary of the Page 2 of 4 "-proposed cost savings, based on the preliminary cost estimate, and identified cost savings leasures: · Total construction budget including contingency and inflation $12,525,488 o Savings from early implementation (reduce 8% inflation factor by 'Y:2) 463,907 o Reduce contingency to Pasadena standard (5%) 527,167 o Reduce landscaping costs through force account 350,000 o Cost sharing through other entities, potential playground assistance 500,000 o Sale of naming rights, corporate sponsorship, advertising 700,000 o Desion monitorin9 and review to reduce costs 500,000 Proposed budget level for project $9,484,414 The additional La Porte funding could possibly be funded through the upcoming bond proposal of by selling Certificates of Obligation for the additional $1.5M that most likely will be required for the La Porte share, to complete the project. Staff Recommendation The increased cost of this project is problematic, but not unusual given that the budget for this project, like others that were funded in the 2001 bond election (Le. Police Headquarters, Fire Stations 3 & 4, and EMS), have also experienced increased construction costs over and above their original budget levels. It should also be pointed out that the original baseball budget was for five fields at the west side park site; this project will result in 10 La Porte fields for use by the 900+ kids that are enrolled in our La Porte Boy's Baseball Association leagues. The economic benefits -9f this joint venture project, and its ability to draw visitors to La Porte, are in itself, a compelling ~ason to move forward with the project. Dr. John Crompton, Distinguished Professor of Parks, Recreation, & Tourism at Texas A&M University, has conducted a number of studies regarding the value of parks and open space for communities (see Executive Summary for The Proximate Principle, attached). Dr. Crompton has shown that parks and open space, even though it is generally tax exempt, generates $1 .37 per square foot in revenues to the city through increased property values, sales tax generation, and foregone infrastructure costs, compared to property developed as residential, commercial or industrial projects 1. Dr. Crompton goes on to state that parks "often increase the value of proximate properties, and the resultant incremental increase in revenues that governments receive from the higher property taxes is frequently sufficient to pay the acquisition and development costs of the amenities."2 A study by the City of Austin found that: "protecting open space helps economic growth in at least four measurable ways: open space protection (1) increases property values of nearby property (which benefits local tax rolls), (2) attracts new businesses and employees of the "creative class," (3)improves bond ratings, and (4) stimulates tourism.,iJ In a survey of98 developments, the median city revenue generated for each $1 in cost for services provided was as folIows: Commercial and industrial: $1.27, Fann/open space/parle $1.35, Residential: $1.16. "The Impact ofParlcs and Open Spaces on Property Values and the Property Tax Base," Dr. John L. Crompton, Texas A&M University. 2 Ibid 3 - "Parklands and Open Space: Austin Falls Short of "Competitor" Cities" Greater Austin Chamber of Commerce Report, page 2. tp://www.sosalliance.orQldownloadit.cfm?DocID=141. Page 3 of 4 - his statement lends credence to the value of developing the Westside park property as a passive park, and reducing the organized recreational activities at Fairmont Park, both of which should increase the value (and tax benefits) of surrounding properties. There is also the huge value to getting the noise and light pollution associated with youth baseball away from highly populated areas and into an area where their impact will be sufficiently less than Fairmont Park, for example. When coupled with the increased tourism from regional and possibly national tournaments, hotels, restaurants, and retail activity in La Porte and the surrounding area should benefit greatly. These are all good reasons why, and incentive for moving forward with the sports complex. The La Porte Boy's Baseball Association is very much in favor of consolidating their baseball operations for league play to a single location. Although if this plan goes through, they will continue to practice at the Fairmont fields, I'm sure the surrounding homeowners will be grateful for having organized activities end at 9 pm instead of 11 pm every night. The ability to consolidate games at one site will allow them to provide their maintenance activities more effectively. After discussing the project and issues brought forth, if Council directs us to move forward with the project, we are proposing the following action plan: . Prepare an Interlocal Agreement between the two cities for Design Services. The Selection process for the architecVengineering firm would be included in the agreement. Using the information provided by the conceptual study, the design team would move forward with actual design elements, including the finalization of design, the development of construction documents, bid documents, additional services (surveying, permits, environmental), and project management. This agreement should take 120-150 days to complete. . A second Interlocal Agreement would then be presented, for Construction and Operations, with assigned areas of operational responsibility and facility oversight. Construction of the facility, depending on weather and other considerations, should also be completed in 120~150 days. Given lead time and contingencies, the entire project should be completed somewhere in the last quarter of 2007. . Council should note that once a decision has been made on the joint venture sports complex, we can move forward with design of the Westside park property. The design concept is set for the park, but will require changing if the joint venture project is scrapped. Attachments: 1. Conceptual Design rendering by Randall-Porterfield Architects, Inc. 2. Preliminary Cost Estimate prepared by Randall-Porterfield Architects, Inc. 3. The Proximate Principle, Dr. John Crompton, Executive Summary. ,- Page 4 of 4 ,.ASADENA CONv'eNTION C"'""~ SITE SUMMARY PL.AC~ exrSTINe H!!!TL.ANOS DeTeNTION A~AS BA1..1.. ,.le1..oS ,.ARKINs AND ROACI& PA~K AIllU:AS etc.. TOTA1..5 ACR!!A6~ &.' 10.4 40 10.6 ;50.1 100 ( p:~~~~E FA.IRMONT PAfiUQ"I.....y.-- l ( _ _ ___ ':r--- -, - ~ - - --- ---T:'--- S~~IPf~'~'~E_~-..1eNT. -'B:~ PROPOSED DETENTION AREAS, DETeNTIoN ~A. 5.3 ACllteS oETI!!NTtON ~B. 2.4 ACllteS DeTeNTION .C. 2.1 ACRES TOT A1..5, 10.4 ACReS --..-..:;... -_.-.----- PARKINcS TA6VL.ATION PAR-KINoS- SPACe=5: 920; INct..UOINe I'" AClA ADA "-EGlUIIlt.EMENTS FOR. 501 ~c 1000 PA~I<.INe SPACES.. 2 ~ 0' TOTAL. q::20 l( 25'6 . 1,e..4 " 1'"1 ADA Reao CITY O~ L.opo~:rl!! 400' S"f'IltIP @ """" FRELllVIlNARY SITE FLAN SeAL.E. I" = 300'-0" CITY 0," ......SAD!N.... SOO' ST1'f.IP P.\S-\D!N~ - L.PDrn: JOINT VENTURE BALLFIELD COMPLEX LoPort..T.... ~ . .., IlANOA1.L', PORTERFIELD "'RCHITEC'TS. INC. ,'-I.'" sss rll 270 NORTH 1.t.~C;UE cm. TtX.IS rnn 281.332.GOO ~81.3IG.Gt~O lox Revi..Qns ~~ I ' I i -- I , JOB NO. CAD NO. DATE 'CJ4Dt SHEET NO. OF: A-I PASADENA-LAPORTE BALLPARK FACILITY PRELIMINARY - CONSTRUCTION BUDGET November -06 ITEM [AlSite work ... I 11. Initial select clearing, grubbing, & mulching,.. i 12. Excavation & on site hauling U~- Rough grading & drainage I 14. Storm drainage i Is. Utilities I I a. Water distribution & fire hydrants I ! b. Sewer & services .- . i c. Elecbical service distribution i d. Roadway lighting (150' spacing) · 6. Paving a. Park roads/entrances b. Park!rl.9 7. Security fencing ~g~~ S. Wal~ys a. Sidewalk 5' wide b. Trails 10' wide ~-----._.-_.- c. Pedestrian bridge 9. Site Amenities a. Flag poles _._ b. Picnic tables & benches i c. Refuse containers " d. Signage I e. Playgrounds (2 locat!ons) 10. Landsca in a. Sodding (s.n acres) b. H . romulching c. Trees d. Shrubs e. Ornamentals ---....------- f. Wetland/native plant g. Soils and preparation h. Finish grading UNITS UNIT COST $1,000 $6 - . $5,000 $50 $751 $1SOi I Lump ~~~oo I 75 acres 100,000 CuYDS 40 acres 4,000 LF 2,000 LF 1,600 LF Allowance 20 poles -I I , , $375.000 I 1,500 LF $250 I 931 spaces $2,000 $1,~2:00~ : I r S.5()()..LF $25 $212,500 I I ! i -- . $37,5001 , 1,500 LF I $25 , 1,600 LF I $50 $80,000 I I , 1,000 LF I $1501 $150,000 I ! -- ---. , i 6 $2,5001 $15,000 . ! 40 $500: $20,000 .. ..--'--- 50 Allowance Allowance I $200 II'Lump Sum - Lump Sum I $3.25, : $25001 - B. ' Playfields''&Courts 1. Large Ball fields (300' foul line ) a. Lighting 50l3Ofc & scoreboard b. Fencing (1200 LF) each field c. DU9QtJ~.~ ~~ers(4 units ea~hL d. Import soil & finish gradi~ & irrigation e. Central plaza & announcers station ,2. Small Ball fields (200' foul line) i a. Lighting 50!~Ofc & scoreboard : b. Fencing (900 LF) each field 1'1 c. Dugouts & bleachers (4 units each) i d. T mpOrt soil & finishJlradin9 &- irrigation e. Central laza' & announcers station 3. Volle ball courts r hted 4. Basketball court r hted) C. Building~ Randall-Porterfield Archi1ects. Inc. 565 FM 270 North League City, TX n573 I t .. , .. , i 250 I $500 $125,000 I , $30,000 i i - _._- I i $15,000 i - $15,000 ! r- I '. $25,0Q.O I I $50,000 I u_. _ I , i . r- I I I , 3 fields I $75,000 $225,000 3,600 LF -r , $25 $90,000 ----- I 12 units $4,000 $4S,ooO 3S,720 SqYQS. 60 acres 4 units 1 unit $30,000 _ $50,000 $60,000 $25, $4,000 : , $30,q,QO! $50,000 $15,000 $40,000 20 fields 1S,OOO LF SO units 20 units 6 unit 6 3 AMOUNT - ,-,I :~:~; $200,000, $200,0001 $150,000 $240,000 .$250,000 , $40,000 $10,0001 $30,000 ' $200,000 $125,840' $150000 $120,000i $50,000 [ $1,200,000 $450,000 $320,000 $600,000 $300,000 $90,0001 $120,0001 1 1. Pavilion #1 - #2 & #3 a. Shaded structure b. Restroom C. Concession d~__ ~tage , e. DUIllP~!er~~ & service drive _ 2. Maintenance Facility a. Service yard b. Fencing & gates c. Building $25: $125 $100 $25 $5,000 $250,000 i $112,5001 $1 OQ!900 I' $50,000 $5,0001 , I $41 $201 $10CW , 10,000 SF 900 SF 1,000 SF ___22900 SF 1 10,000 SF 500 SF 1,800 SF TOTALA-C $750,000 $337,500 $300,000. $15,000 $15,000 _ $40,000 $10,000 $180,000 . D. Contingency b--+:--- - . E. i Inflation allowance per year , I I I i iTOTAL P...... A - E I 10% i i $10,543,340 8% 1 yr. $1,054,334 $927,814 $12,525,488 I Civil/Paving 34% $4,258,666 II Architectural/Structural 13% $1,628,313 III Landscape/Site Amenities 10% $1,252,549 IV BallfieJds 27% $3,381,882 V Contingency & Inflation 16% $2,004,078 100% $12,525,488 __Total Construction Budget: $12,525,488 + 100 acnt8 · $125,255 per acre Pasadena-La Porte Ballpark . Contingency & Inflation o Ballfields C LandscapeJSi te Amenities Randall-Porterfield Architects, Inc. 565 FM 270 North League City. TX n573 2 THE PROXIMATE PRINCIPLE: The Impact of Parks, Open Space and Water Features on Residential Property Values and the Property Tax Base by John L. Crompton Distinguished Professor Texas A&M University Second edition Published by the National Recreation and Park Association 22377 Belmont Ridge Road Ashburn, Virginia 20148 Phone: 703-858~2190 <9 2004 National Recreation and Park Association ISBN EXECUTIVE SUIIIIIIIIARY The real estate market consistently demonstrates that many people are willing to pay a larger amount for property located close to parks and open space areas than for a home that does not offer this amenity. The higher value of these residences means that their owners ,,_ pay higher property taxes. In effect, this represents a "capitalization" of park land into increased property values of proximate land owners. This process of capitalization is termed the "proximate principle." It means that in some instances if the incremental amount of taxes paid by each property which is attributable to the presence of a nearby park is aggregated, it will be sufficient to pay the annual debt charges required to retire the bonds used to acquire and develop the park. In these circumstances, the park is obtained at no long-term cost to the jurisdiction. In addition to public officials, developers and homeowners have an interest in better understanding the proximate principle. Developers need to apportion the opportunity cost of park and open space lands in their projects to individual lots and to establish these premiums ._ based on the lots' locations. For many people, their home is their principal investment. Thus, data that provide homeowners with information on park proximity premiums have meaningful practical value to them. Several scenarios are developed to illustrate the proximate principle. They show how, for example, a city council may invest $90,000 a year for 20 years (annual debt charges on a $1 million bond) to construct or renovate a park; which causes the values of properties proximate to the park to increase; leading to higher taxes paid by the proximate property owners to the council that are sufficient to fully reimburse the $90,000 annual investment made by the council. There are contexts in which the proximate principle may exert a negative impact on property values. Adverse impacts may emerge from nuisances such as congestion, street parking, litter and vandalism, deviant behavior, noise and ballfield lights, and from poorly maintained or blighted, derelict facilities. In most contexts where parks enhance property values, the increments of property tax which accrue go into the general fund along with all other property taxes. However, four vehicles are discussed which activate the proximate principle to directly capture the incremental The Proximate Principle: The Impact of Parks -. and Open Space 2 gains and use them to pay for park acquisition and development costs by retaining the increments in a separate account for that purpose. These vehicles are: (i) Excess purchase or condemnation which involves purchasing more land than is needed for the park project; developing the park, thus appreciating the value of the remaining land; disposing of the remaining land on a cormnercial basis; and applying the income derived to pay for the original investment in the park. (ii) Special assessment districts whereby property owners within an area of a cormnunity agree to assess themselves an additional tax to pay for a new or renovated park. The tax may be apportioned according to a formula designed to reflect the proportion of benefits that accrue to each property owner, so those whose property abuts the park would pay more than those residing on the fringe of the district. (iii) Tax increment financing where park - renovations result in increases in value of taxable property in the area, and the resultant incremental tax revenues are used to retire the debt used to finance the original renovations. (iv) Creating new neighborhood and cormnunity parks in advance of development. Given their attraction power, they are likely to become a focus for development. Their financing can be retired from the incremental increases in tax revenues from the properties around them and from the exaction fees levied on developers to pay for new parks whose demand has been created by their developments. The Early Empiri~al Eviden~e The genesis of the proximate principle occurred in the first half of the nineteenth century in England, where it started as a strategy used by private developers to quantumly raise the value of homes in their developments. When the rapidly growing industrial cities in England were urged by central government to create parks, they balked at doing so because they - were perceived to be a low priority. When the proximate principle transitioned into the public sector, it repositioned park expenditures as investments rather than costs in the minds of taxpayers and elected officials. This was the fmancial breakthrough that led to parks becoming a standard component of the British urban infrastructure. The idea transitioned from the British to the U.S. context through the influence of Frederick Law Olmsted. Olmsted brought the idea of the proximate principle to the U.S. from England; broadcast it widely based on its intuitive appeal; and provided data from his Central Park project, which appeared to empirically confirm it. Thus, in 1868 writing to the future developers of Riverside, Chicago, he cited the "vast increase in value of eligible sites for dwellings near public parks" and over 50 years later in 1919, his son Frederick Law Olmsted, Jr. continued to espouse the mantra: "It has been fully established that... a local park of suitable size, location and character, and of which the proper public maintenance is reasonably assured, adds more to the value of the remaining land in the residential area which it serves than the value of the land withdrawn to create it." Hence, Olmsted's data and advocacy were used to justify major early park investments in many U.S. cities. Other early empirical studies undertaken in two New Jersey county park systems also endorsed the legitimacy of the proximate principle. Thus, from the earliest days of urban park development in the United States in the 1850s, through the 1930s, there was an insistent, almost inviolate conviction among park and open space advocates of the legitimacy of the proximate principle. It was conventional wisdom among them, but it was also espoused by city planners and elected officials. A review of the early studies emphasizes the long history of the proximate principle and its early effectiveness in persuading decision-makers to invest in parks. In the first third of the twentieth century, developments of parkways and playgrounds were considered to be as central economic, social and political issues, as the development of parks. Hence, studies on their impacts on EXECUTIVE SUMMARY 3 _ proximate property were also undertaken. Although these studies showed substantial gains in proximate property values associated with parkway developments, historical perspective suggests that much of the value increase was attributable to more effective and efficient access for traffic and transit, rather than to the parkways' aesthetics. Early conventional wisdom held that playgrounds were likely to depreciate land values in their vicinity, but the evidence from empirical studies in the 1920s suggested this concern was generally unfounded. These early studies were fairly rudimentary and naIve, reflecting the underdeveloped nature of the statistical tools and research designs available in the first third of the twentieth century. All property value increases were attributed to the proximity of a park and the potential influences of other factors were ignored, such as house age and size; lot size; distance to city center or major shopping center; and access to other amenities such as schools and health care facilities. Although historical perspective .- suggests the findings reported by these studies may have been exaggerated because of their design failings, they illustrate the rich historical pedigree and tradition of the proximate principle, and its effectiveness in persuading decision-makers to invest in parks. The Later Empirical Studies The limitations of the early studies were much better controlled in the later empirical studies which were all undertaken after 1960, except for one pioneering pathfinding study completed in the late 1930s. These later studies were designed to address three key questions. The first question asked whether parks and open space contributed to increasing proximate property values. Results from studies that investigated this issue were reviewed and in approximately 30 of them the empirical evidence was supportive. The support extended beyond urban areas to include properties that were proximate to large state parks, forests and open space in rural -. areas. The rural studies offered tentative empirical evidence to support not only the proximate principle in some cases, but also to refute the conventional wisdom that creating large state or federal park or forest areas results in a net reduction in the value of an area's tax base. Six of the supportive studies further investigated whether there were differences in the magnitude of impact among parks with different design features and different types of uses. The findings demonstrated that parks serving primarily active recreation areas were likely to show much smaller proximate value increases than those accommodating only passive use. However, even with the noise, nuisance and congestion emanating from active users, in most cases proximate properties tended to show increases in value when compared to properties outside a park's service zone. Im- pacts on proximate values were not likely to be positive in those cases where (i) a park was not well maintained; (ii) a park was not easily visible from nearby streets and, thus, provided opportunities for anti-social behavior; and (iii) the privacy of properties backing on to a linear park was compromised by park users. Examination of the six studies that did not support the proximate principle suggested that in four of those cases the ambivalent findings might be attributed to methodological limitations. The second question that the later empirical studies sought to answer related to the magnitude of the proximate effect. A definitive generalizable answer is not feasible given the substantial variation in both the size, usage and design of park lands in the studies, and disparity in the residential areas around them, which were investigated. However, some point of departure based on the findings reported here is needed for decision-makers in communities who try to adapt these results to their local context. To meet this need, it is suggested that a positive impact of 20% on property values abutting or fronting a passive park area is a reasonable starting point guideline. Guidelines on how local officials can apply these result to park systems in their communities are given in the section of the monograph immediately following this Executive Summary. The diversity of the study contexts makes The Proximate Principle: The Impact of Parks ,_ and Open Space 4 it feasible to offer a generalizable definitive answer to the third question addressed by the empirical studies which concerned the distance over which the proximate impact of park land and open space extends. There was consensus among the studies that it has substantial impact up to 500-600 feet (typically three blocks away from the park). In the case of communitysized parks (say upwards of 40 acres), it tended to extend out to 1,500-2,000 feet, but even in those cases the premium was small after 500- 600 feet. Studies have not tried to identify impacts beyond that distance because of the compounding complexity created by other potentially influencing variables which increases as distance from a park increases. However, especially in the case of larger parks, it is likely there are additional economic benefits not captured by capitalization into increased property values beyond this peripheral boundary, since the catchment area from which users come _ frequently extends beyond it. Tbe Evidence Relating to Greenway Trails In the 1 990s, there was an exponential growth in interest in developing greenway trails. The nature of responses to greenway trails is likely to vary according to individuals' value systems and a trail's context. Thus, even narrow greenway corridors in densely developed areas may offer meaningful open space and aesthetic value to some owners. The natural habitat and associated wildlife in a narrow wetland in a greenway corridor, for example, may be more of an amenity for some buyers than living adjacent to a large golf course. Some potential buyers of a property may have no interest in hike/bike trails or linear recreation activities, so for them there is no positive counterbalance for the potential negative impacts of privacy loss, people flow and noise. For other potential buyers, especially perhaps those with young children, hiking, biking, and linear recreation activities may be a - central feature of their lifestyle, so access to trails far outweighs the perceived potential negative outcomes. These dichotomous lifestyles suggest why some are likely to respond positively to trails, while others remain more circumspect. For the most part, the rationale underlying the proposition that greenway trails may positively influence property values is different from that associated with parks. Unlike parks, any added property value is not likely to come from the views of nature or open space which a property owner enjoys because in many cases, especially in urban trail contexts, there are no such vistas. Rather, any added value derives from access to the linear trail. It is a trail's functionality or activity potential that is likely to confer added value, not the panorama of attractive open space. The literature investigating the proximate principle in the context of greenways is sparse and the sample sizes of many studies were small. Nevertheless, the consistent pattern emerging from them and the diversity of milieus in which they were conducted enables a reasonable level of confidence to be placed in generalizations drawn from them. Across the studies there was broad consensus that trails have no negative impact on either the saleability of property (easier or more difficult to sell) or its value. There was a belief among some, typically between 20% and 40% of a sample, that there was a positive impact on saleability and value. However, the dominant sentiment was that the presence of a trail has no impact on these issues. The Impacts of Water-Based Features on Property Values The value of a view of water has been proven conclusively. Of the nineteen studies reviewed that included a variable relating explicitly to the view of some water-based feature on property values, only one indicated a significant negative impact while one other listed an insignificant result. The latter finding referred to a view of a small, freshwater pond. The significant, positive effect of a water view obtained in the remaining studies held across all types of water feature, including ocean, lake, river, and canal. Premiums for a water view in the 1970s were generally in the EXECUTIVE SUMMARY 5 __ hundreds or low thousands of dollars. Figures ranged from $573 to $1,340 in a 1977 study. By the late 1980s, premiums of expansive ocean views had reached tens of thousands of dollars. In 1989, figures ranging from $15,000 to nearly $39,000 were reported for a view of San Francisco Bay, though another estimate in 1994 of the value ofa view of Lake Michigan was considerably smaller, at $6,700. The most recent estimates of premiums associated with water views have been substantial, nearly $46,000, over $75,000, and $115,000. When considered as percentages of value added, water views generally produced premiums of between 4% and 12% through the late 1980s. The most recent evidence, however, suggests that the value of such a view is growing in importance relative to the value of a house. Studies since 1997 have listed premiums from 30% to 147% for full ocean views, and over 10% for partial vistas. Lake view premiums of 18% to 56% have been reported. One study found a 115% premium associated - with a view of a creek or marsh. Many analyses have incorporated a variable entitled, "on lake," or "on ocean," to measure impacts of such a position on property values. Such variables do not differentiate between view and recreational access but they have consistently indicated positive impacts on property values. Of the nineteen studies reviewed that utilized this type of variable, fourteen reported significant, positive impacts; three reported insignificant results; and, two, a mixture of positive and negative results. Significant positive impacts were recorded for properties on the ocean, on lakes, and on canals. Insignificant results pertained to properties on a pond, and on a "lake or lagoon," while the largest negative impact (a $49,000, or 12%, decline in values) was attributed to location on a flat, featureless lagoon. The earliest study of premiums related to waterfront location, conducted in 1964, reported an increase in values of $65.42. By the ..- 1970s, premiums had reached the thousands of dollars ($809 to $4,040). A 1982 study listed amounts ranging from $7,900 to $10,200. In 1989, increases of $24,000 to $65,5000 were reported. Today, premiums for properties on a waterfront may exceed $100,000. The decay impact of increasing distance to a lake or ocean on property values is conclusive. Each of the eighteen studies including such a variable confirmed it. Unfortunately, however, few studies have estimated the numerical value of increased proximity. The Analogous Case of Golf Courses Almost 1,000 golf courses incorporated as central features of real estate developments were constructed in the U.S. in the 1990s. Developers include golf courses to increase the land values in their projects; to accelerate the absorption of real estate, i.e., to sell their lots more quickly; or to respond to physical planning or ecological conditions. Contemporary golf courses integrated into real estate developments typically exemplify the important role of "edge" in maximizing proximate residential lot values. The favored designs are linear because they can acconnnodate much more real estate frontage than traditional circular or rectangular courses. The magnitude of the premium associated with golf courses appears to be in the 25 to 30 percent range which is substantially higher than the proximate premiums associated with parks and open space, but lower than that accruing from water features. However, the premium is mostly limited to homes abutting the course. Those located two or three blocks away are unlikely to have a view and, unlike a park, frequently they do not have access since casual use for purposes other than golf is often aggressively discouraged. Although the evidence is sparse, there is general agreement among studies and reports that approximately 70 percent of households residing in golf connnunities have no members who play golf regularly at the course. These data when aligned with the substantial cost of developing a golf course and the lack of developer interest in operating it, suggest more developers may consider creating a similar premium for their lots by using prime attractive, ambient open space rather than building a golf The Proximate Principle: The Impact of Parks _ and Open Space 6 course. The developers' use of golf courses in developments mirrors the rationale that public parks and open space has used for over a century and a half, i.e., parks are an investment not a cost because they generate more property taxes for a connnunity than it costs to service the annual debt charges incurred in creating the amenities. The high visibility, large number, and success of these golf course developments demonstrates by analogy to governmental stakeholders and decision-makers the viability of the proximate principle in the context of park land and open space. The Role of Park and Open Space Lands in Reducing Taxes It is often argued by developers and elected officials that in addition to acquisition and development costs, and operating and maintenance costs, there is a substantial opportunity cost associated with allocating land for public parks and open space. Because such - land is publicly owned, it is exempt from property taxes. Hence, the opportunity cost is the loss of property tax income that jurisdictions would have received if the land had been developed for other purposes. The conventional wisdom which prevails among many decision-makers and taxpayers is that development is the "highest and best use" of vacant land for increasing municipal revenues. This conventional wisdom is reinforced by developers who claim their projects "pay for themselves and then some." They exhort that their developments will increase a community's tax base and thereby lower each existing resident's property tax payments. However, in the past two decades a number of connnunities have connnissioned a type of fiscal impact analysis which has become known as a cost of community services study. Findings from these analyses have challenged conventional wisdom. They have consistently shown that the public costs associated with .- new residential development exceed the public revenues that accrue from it. The 98 cost of connnunity services studies reviewed showed that for every $1 million received in revenues from residential developments, the median amount the communities had to expend to service them was $1.16 million. There was not a single instance among the 98 connnunities where taxes from residential de.velopment were sufficient to cover the costs of servicing them. New houses mean more children have to be enrolled and bused to school, additional roads built and maintained, extension of police and fire protection and so on. While supposed benefits of growth are loudly and widely proclaimed by a community's growth coalition, its associated costs are rarely discussed. The results from these studies refute the notion that development of land is invariably its "highest and best use" which sometimes thwarts park and open space initiatives. The evidence clearly indicates that preserving open space can be a less expensive alternative to development. Hence, a number of communities have elected to purchase park and open space land, rather than allow it to be used for residential development, because this reduces the net tax deficit for their residents which would occur if new homes were built on that land. The conclusion is that a strategy of conserving parks and open space is not contrary to a community's economic health, but rather it is an integral part of it.