HomeMy WebLinkAbout2006-11-06 Special Called Regular Meeting, Public Hearing and Workshop Meeting
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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
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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
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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~:~~
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\~ ~~ 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.
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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.
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----------------------------------------------------------------
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.
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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
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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
:->.....:
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....
: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.
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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
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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
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'~~~~
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:
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dgpluJ IP fAt'> ~ bit. tJe ALe ~ ~~k!T
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(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~
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~thority, on this date came and
authorized representative of The
~wspaper published and generally
ie, Harris County, Texas and who
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me this
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day of
KAROLYN KELLOGG
MY COMMISSION EXPIRES
April 11, 2010
11, 2010
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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:
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City Secretary Jtltlltf
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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.
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S" WE S1~IUZEll SVOORloDE
10" ~ENi STl\tlILIZro BASE
~oor RQU.. SlJaQAAOE
TYPIC~L 2 LANE PAVEME:NJ CROSS SECTION
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PROP.
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PROPOStD PAvEMENT
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PROPOSED PlWEuorr
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PROPOS€D PAVEMENT
2'-0"
'~SHoul..OO{
tU.S.
10' calE.m STABilJZEO ElASE
PRoOF ROll. SUBGlW)f." . .
TYPJCAL 3 LANe: PAVEMENT CROSS SECTION
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--------'
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
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............
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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
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'"'
- 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.