HomeMy WebLinkAbout2007-06-25 Regular Meeting and Workshop Meeting (2)
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MINUTES OF A REGULAR MEETING AND WORKSHOP MEETING
OF THE LA PORTE CITY COUNCIL
June 25, 2007
1. CALL TO ORDER
The meeting was called to order by Mayor Alton Porter at 6:02 p.m.
Members of City Council Present: Mayor Alton Porter, Council members Tommy Moser,
Mike Mosteit, Louis Rigby, Barry Beasley, Chuck Engelken, Georgia Malone and Mike
Clausen.
Members of Council Absent: Howard Ebow.
Members of City Executive Staff and City Employees Present: Assistant City Attorney
Clark Askins, City Secretary Martha Gillett, Assistant City Secretary Sharon Harris,
Building Official Debbie Wilmore, Planning Director Wayne Sabo, Controller Phyllis
Rinehart, Inspector Cindy Griffiths, Fire Chief Mike Boaze, Parks and Recreation Director
Stephen Barr, EMS Chief Ray Nolen, Assistant Fire Chief Champ Dunham, Golf Pro Alex
Osmond, Purchasing Manager Susan Kelley, Police Chief Richard Reff and Interim City
Manager John Joerns.
Others Present Christina Delgadillo of Flanagan Shipping, Adam Yanelli of Bay shore Sun,
Ann Malone, John Handy of Houston Chronicle, Tom Pedersen of Null Lairson, Tom
Flanagan of Flanagan Shipping, David Janda, Trent Wise, Shar Lynch of Port of Houston
and a number of citizens:
2. B.L. Worsham of Second Baptist Church of La Porte delivered the Invocation.
3. Mayor Porter led the Pledge of Allegiance.
4. PRESENT A TIONS/PROCLAMA TIONS:
There were no presentations or proclamations presented at the meeting.
5. Council to consider approval or other action regarding an ordinance declaring the results of
the City of La Porte Run-Off Election for At-Large A Position, La Porte City Council held
on June 16,2007.
Assistant City Attorney Clark Askins presented summary and recommendation and
answered Council's questions.
Assistant City Attorney read: ORDINANCE 3002 - AN ORDINANCE DECLARING THE
RESULTS OF THE RUN-OFF ELECTION HELD IN THE CITY OF LA PORTE ON
JUNE 16,2007, FOR THE ELECTION OF A COUNCILPERSON AT-LARGE-
POSITION A; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Beasley to approve Ordinance as presented by Mr.
Askins. Second by Councilmember Engelken. The motion carried.
City Council Meeting and Workshop Meeting - June Z5, ZUU7
Page 2
Ayes: Moser, Rigby, Engelken, Beasley, Mosteit, Clausen and Porter
Nays: None
Abstain: None
Absent: None
6. City Secretary Martha Gillett administered Oaths of Office to the newly appointed Georgia
Malone, Councilmember At-Large A as presented.
7. Consent Agenda
A. Consider approving Minutes of the Regular Meeting and Workshop Meeting of La
Porte City Council held on June 11,2007.
B. Council to consider approval or other action authorizing the Interim City Manager to
enter into a contract with Brooks Concrete, Inc in the amount of $287,660.72 to
perform Golf Course Cart Maintenance and install a new sidewalk and to provide a
construction contingency fund in the amount of $22,379.28 in the event unforeseen
conditions are encountered or additional work is identified for a project cost totaling
$310,040.
C. Council to consider approval or other action authorizing the Interim City Manager to
enter into an Industrial District Agreement, an ordinance authorizing the City to
execute a Water Service Agreement and Sanitary Sewer Service Agreement with
Vantage Development #39, Inc.
D. Council to consider approval or other action authorizing the Interim City Manager to
enter into an Industrial District Agreement, an ordinance authorizing the City to
execute a Water Service Agreement and Sanitary Sewer Service Agreement with
CJCD Partners, Ltd. (Valsource International, LLC, Lessee)
E. Council to consider approval or other action regarding an ordinance authorizing an
agreement between the City of La Porte and Randall-Porterfield Architects, Inc., and
appropriating a sum not to exceed $108,000 from Fund 48, to provide design
services, bid, and construction monitoring for the West Side Park Property according
to the agreement provided.
Councilmember Rigby pulled item B for discussion.
Motion was made by Council member Engelken to approve consent agenda as
presented. Second by Council member Clausen. Motion carried
Councilmember Georgia Malone abstained from item A.
Ayes: Mosteit, Moser, Beasley, Engelken, Clausen, Rigby, and Porter.
Nays: None
Abstain: Malone
Absent: None
8. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX
P AYERS WISHING TO ADDRESS COUNCIL ON ANY ITEM POSTED ON THE
AGENDA.
City Council Meeting and Workshop Meeting - June Z5, ZUU7
Page
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Christina Delgadillo - Ms. Delgadillo informed Council that Mr. Flanagan would be
addressing Council. Mr. Flanagan addressed City Council about the leased property from
the City of La Porte with Flanagan Shipping. Mr. Flanagan wanted Council to know
renewing lease is critical to their business. He informed Council he had contacted the City
but has not heard anything back from the City to date. They want to work out renewing
lease with City and wants Council to know they have been responding and working with the
City.
9. Close Regular Meeting at 6: 18 and Open Workshop at 6:20 p.m.
Item C was taken out of order.
C. Interim City Manager John Joerns updated council's request for information on
GASB45 and HB2365.
Interim Finance Director Michael Dolby informed Council during the pre-budget retreat
they were given a pre presentation ofGASB45 and its implications for the City of La
Porte. He reminded Council the City has been directed by GASB to do an actuarial
study for benefits provided for health care cost. We do not have to fund the study but
the standard requires that the City perform the study and make certain disclosures on
external audit report. A disclosure is a liability if the City does not fund the annually
required amount by the actuary. This approach will insure us receiving a qualified
opinion on the audited financial statements. The state of Texas has passed legislation in
changes to local code to allow cities to follow a statutory modified accrual basis which
will lead to an audited opinion that is not based on generally accepted accounting
principles and it will be regularatory opinion and not GAP. Therefore staff is requesting
that we do the study for $8,000.00 to see exactly how much is required for us to fund
then come back to you to and try to come up with ways to mitigate that liability and
reduce it down. The various things that we told you about during the pre-budget retreat.
We can change from defined benefits to the defined contributions. We can move people
in and out of the plans so we can adjust it so as to lower our liability. We provided you
with a pamphlet and I hope you have had the chance to look it over. It has some very
good information in it, and should have answered some of your questions about what the
accounting rules are and where they are on that. This evening Mr. Tom Peterson from
the Audit Firm of Null Larson is present and can answer any auditing questions you
have. Also, I called Mr. Ryan O'Hara our Financial Advisor and asked him about the
question you had in regards to how the rating agencies would handle a City that did not
follow GASB45 and he has not been able to get any answers yet. As soon as he gets
those he will come back and give us a presentation. Again, the liability itself is there its
not going to go away so, we have to at least look at it and address it and come up with a
plan to try to reduce it because we are definitely funding health care for retirees. It is
upon us to report it as a liability. We have to do that. Whether we do the study or not. If
we don't do anything at all the liability is still going to be there because it is implied in
here.
Mayor: What the State's doing were they not going to footnote the liability?
Michael: I think that the literature that we read indicated that they are not going to do
anything with it but in the future it also says that if they decide to go with it and provide
the benefits for the employees then they themselves as state is saying they got to come
back and do the exact same thing were talking about.
City Council Meeting and Workshop Meeting - June 25, 2UU7
Page
4
Mayor: so that would be a good question for auditors ; I thought somewhere I picked up
that some people were doing it if they weren't funding but they were going to footnote
what the liability would be not have it as actual financial impact.
Tom Pederson: I believe that there is a provision in the state law that says that if the City
intends to provide these benefits going forward there will be some disclosure for
required. Unfortuntaley, we don't know what exactly the disclosures are at this point
because the comptroller's office has not developed the rules yet so were not really
certain
Mayor: were not any more at risk than not doing it
Tom Pederson: no sir; I look at the actuarial study as a management tool; its an
awareness; "here's where our benefits are presently", "here's what we can expect that's
going to cost" and at least this way you are not - weather you fund or don't fund
GASB45 does not really address that. It just says the liability needs to be on the accrual
basis statements and there is some disclosures required that will show the funding
progress much like the retirement plan disclosures are; it's a good management tool so
you won't be blind sided in the future;
Louis Rigby: the footnote of liability is that just for the current year?
Tom Pederson: it's trend information; 3, 5 year trend exactly like your schedule and the
audit report for your pension disclosures; what the rating agencies and what creditors are
going to be wanting to see is how the City is progressing in managing those liabilities
their looking for. Trend information is what they are looking for
Louis Rigby: I still don't understand how we can be held accountable for what mayor
may not happened five years from now, ten years from now.
Tom Pederson: I'll try to answer that... the employees that you have that are working
here now they earn these benefits.
Louis Rigby: stop right there, we have employees that worked here 25 and 30 years that
earned benefits that no longer get those benefits so who is to say that the ones that are
working now that are quote unquote earning benefits are going to have them 5 years
from now.
Tom Pederson: at any point in time what the study tries to measure is as of a particular
date with the employees that you have on board and have retired what the benefits that
were promised to them as of that date what's the City's expected estimated liability for
those benefits. Sure it can change, you can come back tomorrow night or next council
meeting and change the benefits structure that's going to change the liability. It's a
snapshot in time and long as those benefits don't change you'll see trend information
with the trend information will be foot noted every time you make modifications to the
plan.
Louis Rigby: if the trend is that this dollar amount increases 5% . 10% every year that
20 years from now its going to take "X" amount of dollars to fund it as it is today and
then the City is going to be required to come up with that much money to put in escrow
or some sort of account to make sure the money is there 20 years from now?
City Council Meeting and Workshop Meeting - June 25, 2007
Page
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Tom: I don't think the GASB can mandate what the city does in terms of funding. What
GASB responsibility is to develop generally accepted governmental accounting
principles are that's their sole purpose weather the City funds it that's a completely
different question now if the City chooses not to fund and the liability continue to grow
City may experience some downgrades in their credit ratings.
Louis Rigby: that's the part I don't get because we fund what we have or what we have
to do for that particular year.
Tom: your on a pay as you go basis and with the baby boomers aging and getting to the
point that liability is expected to increase significantly over the next 10 years. The bond
holders and the people in the market place buying the bonds want to know what these
liabilities are on accrual basis as opposed to modified cash basis which is what we have
always prepared now. The GASB45 will not impact the fund financial statements at all,
that's the statements that you prepare for budgetary purposes that's modified cash. The
only statements that will change are the statements upfront which are full accrual much
like a full profit enterprise
Louis: Thank You
Moser: I guess I'm going to go back to the same thing. If you pay as you go it is our
decision weather to fund it or not how does it become a liability?
Tom: it's a liability because at any given point in time you have a benefit plan in place
and your employees as they work each year they are getting more rights.
Moser: Stop. What are the rights to they get? Who's mandating those rights?
Tom: It's the benefits that you have in place right now.
Dolby: it's the standard benefits that your getting for health care retiree health care
implied.
Moser: implied?
Dolby: yes sir.
Joerns: I don't think he's trying to answer in the terms that you couldn't change it every
year.
Joerns; that could be your management tool, I'm going to look at this every year and
every year I'm going to do something different or every third year or whatever.
Moser: Right now that liability is $375,000 dollars. That's the actual cost.
Dolby: that's not the liability that's actual cost yes somewhere about there.
Joerns: snapshot in time with that exposure under those current benefit plans your
management tool besides the others discussed could be every year I'll look at the
number every year, I'll do something different ifI need to or every third year, but I
didn't want to get hung up on the promised benefits because we don't have a contract
with the employees regarding that and that could be the management tool that this would
City Council Meeting and Workshop Meeting - June 25, 2UU7
Page 6
be every place every year snapshot you might choose to do something different that does
exist as well as funding or not to fund again you would be producing these statements
explaining the liability the trend.
Tom: any changes in the plan would be footnoted on that trend schedule exactly like
your pension plan is now.
Moser: my next question is this GASB regulation came to be because of pension funds
more than the medical insurance correct? Is that what drove it?
T om: I think initially we had the retirement disclosures and then industry 10 or 15 years
ago, industry went through this very same process where profit corporations had to do
the same thing. It goes back to the aging population rising health care cost and what that
impact going to be that's buying the City of La Porte bonds.
Moser: if we decide not to fund it in August then it is not liability.
Tom: you can change the plan.
Mosteit: what were talking about then is GASB is an information tool for the future
bond people that buy bonds when the city is selling.
Tom: they are rules setting.
Mosteit: what type of obligation? No way a mandate for any liability to the city for any
future payments outside of the window that we fund.
Tom: all were trying to do is capture what the estimated liability as the snapshot in time
for City of La Porte benefits.
Mosteit: I thinks that's been the real question about it whether its no liability to the city
or the future. It just gives somebody else an idea on what and how solvent the city is or
what their capabilities are when their selling these bonds
Tom: over a period of time if that liability continues to grow and its not addressed then
it might show that the financial strength might not be as strong as we thought it was.
Mosteit: it will just affect the bond rating?
Tom: that's correct.
Mayor: the accrual is the function of our current policy.
Tom: yes sir.
Mayor: when our policy changes the accrual changes; if policy doesn't change the
accrual is going to be a reflection of what policy is.
Tom: in my understanding with a lot of accrual studies you have options for the
difference scenarios. If you want to look at a defined contribution or look at
grand fathering clause they'll run all those assumptions for you at the time they do the
initial study.
City Council Meeting and Workshop Meeting - June 25, 2007
Page 7
Moser: that's my fear with this study the fact that the number is going to be "I'm going
to throw down a million dollars right now it cost $375,000 is what it cost to fund our
retirees that serve the City the accrual comes back at over a million dollars" We go to
budget this upcoming budget in August, this number is going to be held over the retirees
head and that's where were going to start cutting their benefits. That is what I perceive
this accrual statement doing to us is being used against them come budget time.
Mayor: Actually, it is all employees and retirees. That is everybody in the insurance
pool. It is not just retirees its our obligation to everybody that's in the system.
Tom: they'll look at their length of service.
Moser: it's our obligation to them.
Dolby: your talking about everybody all together the current and retirees together.
Moser: yes but the retirees is what is going to be effected by this come budget if this
number cannot be funded. If this council decides that this number cannot be funded
those retirees are the ones that are going to get cut at that time or their benefits will
possibly get cut to bring the accrual into our financing plans.
Tom: I'm not real familiar with your plan but I think you only have one plan, so if you
have one plan it will effect current employees and retirees as well.
Dolby: together yes.
Moser: the retirees are the ones trying to live now. The are the ones on the fixed
income that I'm concerned too about. So I guess that's why I'm focused on them but I
understand what you are saying.
Tom: again GASB45 does not mandate funding liability.
Beasley: even if that million dollars comes back we don't have to fund it. We don't
have to do anything, we can live year to year, and hope for the best for the future. If
council ten years from now has to cut things, they cut things and we can just go year to
year and hope for growth in the city and other places.
Rigby: that growth could affect our bond rating.
Tom: I think what they are looking at is the trend and how you react to the trend as a
management group.
Dolby: that means if it goes up we need to take steps and try to mitigate it and get it
down.
Tom; unless revenues are up.
Moser: that's the reason you do it every year. That is a good point you brought we are
talking about an irrevocable trust is the only way this thing will work.
Tom: it's not mandated.
City Council Meeting and Workshop Meeting - June 25, 2007
Page 8
Moser: I understand I'm saying if we decide to do it and we fund the trust it's an
irrevocable trust.
Dolby: correct.
Clausen: if we don't do the study then we don't know where we stand.
Tom: If you don't do the study, you don't know where you stand. Your going to get
blind sided at some point down the road, being a budget person for ten years I know how
that health care works, let me talk a little bit about the audit opinion. It will be a dual
opinion, you'll get two opinions, one will be either be the opinion on governmental
generally acceptable accounting principles or either be qualified opinion, or an adverse
opinion depending on the size. If you don't do the study I guess we would have to make
a professional judgement as to what that size is the other opinion would be the modified
regulatory and that could be everything else being the same that could be qualified or
unqualified depending on the outcome now. What I read about and what the rating
agencies are saying is it is fairly new. We are just seeing some of the bigger cities
coming out with these GASB45 statements. What I am seeing in response to the
legislation the state passed, is what they are saying is that if a government chooses not to
do the study with everything else being the same, there would be some deducts in the
credit ratings based on management weaknesses.
Engelken: you indicated a modeling, if you happen to change the benefits down the road
you can model that out with some degree of accuracy. You have one plan and you
change another plan you can model that out to some degree of accuracy to see what the
long term benefits would be.
Tom: I cannot - the actuaries can, they do that day in and day out.
Engelken: is that an additional cost to 8,000 or is that part of it.
Dolby: its part of it some of it like you said before they'll come in and get a different
scenario and they'll run it back to you and tell you what it could be.
Tom: typically the way the contracts run is that it is so much to do a study. They may
provide one or two options at no cost if you want anything additional that is usually a
very minor cost.
Dolby: he would get back with you on the exact answer.
Engelken: do you actually get the model to plug your numbers in or is that a thing that
your provide the numbers and that gives the results.
Tom: I'm not real familiar again with the company that your going through but my
understanding was your going to provide them with numbers but you will also have
access to their software to do bench marking to see where you stand with other cities. I
don't know if you will be able to do what ifs with it though.
Dolby: we'll find out that answer for you.
City Council Meeting and Workshop Meeting - June 25, 2UU7
Page 9
A. Council discussed existing polling location concerns and provided staff with direction.
Council member Clausen stated he would like to see the City change the Charter to
Plurality and that would eliminate run-off elections.
City Hall and Fire Station 2 were discussed as possible places to have polling location.
It was noted there may be a problem with Fire Stations and 100 feet restrictions.
Council directed staff to bring this item back in the future for further discussions.
B. Council discussed findings of Dangerous Building Inspection Board and directed staff to
move forward and set a Public Hearing Date on July 23,2007.
10. Closed the Workshop meeting and reconvened Regular Meeting at 7:22 p.m.
11. Council to consider approval or other action regarding an ordinance approving and
authorizing an Interlocal Agreement between the City of La Porte and North Central Texas
Council of Governments, for cooperative purchasing for actuarial shared services.
Interim Finance Director Michael Dolby presented summary and recommendation and
answered Council's questions.
Assistant City Attorney Clark Askins read: ORDINANCE 3000 - AN ORDINANCE
APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE
CITY OF LA PORTE AND NORTH CENTRAL TEXAS COUNCIL OF
GOVERNMENTS FOR COOPERATIVE PURCHASING FOR ACTUARIAL SHARED
SERVICES; 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 3000 as presented.
Second by Council member Beasley. The motion carried
Ayes: Mosteit, Beasley, Engelken, Rigby, Clausen, Malone and Porter.
Nays: Moser
Abstain: None
Absent: None
12. Council to consider approval or other action regarding an agreement between the City of La
Porte and Gabriel, Roeder, Smith & Co. to perform Actuarial Consulting Services.
Interim Finance Director Michael Dolby presented summary and recommendation and
answered Council's questions.
Motion was made by Council member Clausen to approve as presented. Second bv Council
member Engelken. The motion carried
Moser stated that he believes that this accrual statement will not be used to complete our
promise or obligation to our city retirees and it put their lives into our city but further
reduced the city's obligation to the employees and the retirees and what I mean by that is this
City Council Meeting and Workshop Meeting - June 25, 2UU7
Page 10
paper that is going to be produced is going to be held over these employees head come
budget time and we don't even know weather we need to do it or not.
Ayes: Mosteit, Beasley, Engelken, Rigby, Clausen, Malone and Porter.
Nays: Moser
Abstain: None
Absent: None
13. Administrative Reports
Interim City Manager John Joerns provided Council with the following Administrative
Reports.
4th of July Parade, July 4,2007 at 10:00 a.ill. at Main and Hwy 146, 4th of July Fireworks
9:00 p.m. at Sylvan Beach, City Offices Closed July 4, 2007 and Police Station Ribbon
Cutting and Cornerstone Building Dedication July 12,2007 at 12:30.
14. Council Comments
Rigby, Moser, Beasley, Engelken, Mosteit, Clausen, Malone and Porter had comments.
15. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS
LAW, CHAPTER 551.071 THROUGH 551.076, 551-087, TEXAS GOVERNMENT CODE
(CONSUL T A TION 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 - 551.074 - (PERSONNEL MATTERS)
EVALUATION OF INTERIM CITY
MANAGER JOHN JOERNS
Council retired to Executive Session at 7:44 p.m. and returned to the Regular Meeting and
reconvened at 8:06 p.m.
17. There being no further business to come before Council, the Regular Meeting was duly
adjourned at 8:07 p.m.
~tfullY;~
M'rfl~tt, TRMC, CMC
City Secretary
Pcrd and appr~d on this 23rd day of July 2007
tr~_~~ (~
Mayor Alton E. Porter
c
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
.Tuly 23, 2007
ifJdI;7:--:
-
Appropriation
Requested By: S. Gillett
Source of Funds:
Department: Public Works
Account Number:
Report:
Resolution: X Ordinance:
Amount Budgeted.
Exhibits:
Resolution
Amount Requested: N/A
Exhibits:
Letter from Harris Coun
RudJJeted Item: N/ A
Exhibits:
SUMMARY & RECOMMENDATION
The attached letter outlines the requirement for the City of La Porte to pass a resolution
consenting to the possible condemnation of property for right-of-way acquisition by Harris
County. The roads proposed for construction are:
. Fairmont Parkway from South 16th to State Hwy 146
. Sens Road from 300 feet North of Spencer Highway to 3000 feet north of North H Street
. Sens Road from 300 feet North of North H Street to Grade Separation at State HWY 225.
Action Required bv Council: Approve Resolution consenting to the acquisition of additional
right of way as needed by Harris County.
A
7/;7/01
Date ( (
,.
RESOLUTION NO. 2007- / /
A RESOLUTION GRANTING THE CITY'S CONSENT FOR THE
CONSTRUCTION, IMPROVEMENT AND MAINTENANCE OF CERTAIN
ROADS AND THE ACQUISITION OF ADDITIONAL RIGHT OF WAY FOR
SUCH ROADS WITHIN THE CITY OF LA PORTE BY HARRIS COUNTY,
TEXAS.
*******************************************************************************
WHEREAS, certain roads located within the incorporated boundaries of the City of La Porte are
in need of construction, improvement and maintenance;
WHEREAS, such roads have historically been improved and maintained by Harris County, and
have been carried on the Harris County Road Log;
WHEREAS, such roads include the following:
Fairmont Parkway from 16th Street to S.H. 146;
Sens Road from 300 Feet North of Spencer Highway to 300 Feet North of Avenue "H";
Sens Road from 300 Feet North of Avenue "H" to Grade Separation at S.H. 225;
WHEREAS, such construction, improvement and maintenance benefits the residents of the City
of La Porte and Harris County and serves the transportation needs of the traveling public;
WHEREAS, the City Charter provides the City of La Porte with exclusive dominion, control and
jurisdiction in, upon, and over and under the public streets, avenues, alleys and highways of the
City;
WHEREAS the consent of the City has been requested to avoid jurisdictional conflicts and to
provide coordination between the departments of the City and County;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1: The findings of the City Council of the City of La Porte contained in the
recitals of this resolution are hereby adopted and approved.
Section 2: The City of La Porte consents to the location, alignment, construction, and
maintenance by Harris County of the roads described above.
Section 3: The City of La Porte consents to the acquisition of such additional right of
way for such roads by the County as the County may find necessary and convenient including
but not limited to acquisition by purchase, donation or condemnation.
Section 4: The City of La Porte acknowledges that Harris County has concurrent
jurisdiction with the City of La Porte with respect to those roads described herein;
Section 5:
Council.
This Resolution shall take effect immediately upon its passage by the City
Section 6: All officials, employees and departments of the City of La Porte are
authorized to take such actions as may be necessary to accomplish the purposes of this
resolution.
PASSED AND APPROVED, this 23rd day of July, 2007.
By:
~~~
ALTON E. PORTER
Mayor
A'ITEST: /
1Jlt>> tt ~
A. GILIErr
City Secretary
AP~
KNOX W. ASKINS
City Attomey
HARRIS COUNTY
PUBLIC INFRASTRUCTURE DEPARTMENT
ARCHITECTURE AND ENGINEERING DIVISION
1001 Preston Avenue
Seventh Floor
Houston, Texas 77002
(713) 755-5370
27 June 2007
Mr. Steve Gillett
Director of Public Works
City of La Porte
2963 North 23rd Street
La Porte, Texas 77571
SUBJECT: Roadways Located within the Incorporated Boundaries of the City
of La Porte
Dear Mr. Gillett:
.As you are aware, Harris County has several road projects presently under design that
are located in the City of La Porte. Acquisition of right-of-way will be required. I
have been advised by the County Attorney's Office that the County needs to obtain
consent of the City before the County can take action to condemn property (if
required) within a city for a road. Attached is a Resolution that addresses this issue.
It is requested that the City execute the Resolution and then provide me with a copy
of the approved Resolution.
Your immediate attention to the subject matter would be appreciated.
r . Castille, P.E.
Project Coordinator for
Precinct 2
RLClic
Attachment as noted
cc: Roel Garcia, Pet. 2
Deborah M. Vaughn, HePID
Central File
h:\word\pct2\06- 27-07.00 8.doc
o
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: Jul
Requested By:
Source of Funds: N/A
Account Number: N/A
Department: Planninl!
Amount Budgeted: N/A
Report: _Resolution: _Ordinance: l
Amount Requested:
Exhibits:
1. Ordinance
2. Area Map
Budgeted Item: _YES -LNO
SUMMARY & RECOMMENDATION
The City has received an application from Douglas F. Latimer, Jr. to vacate, abandon and close the West
Tyler Street Right-of-Way between North 16th and North 18th Streets. Mr. Latimer desires to close the
subject right-of-way in order to create a single economic unit of land to facilitate future development.
Each of the City's franchised utility companies (i.e. Centerpoint Energy, AT&T & Comcast) has reviewed
the request and expressed no objection to the closing. Staffs review of the request identified the West Tyler
Street ROW as a future drainage route to F216-00-00. Therefore, the City will retain the north half of the
right-of-way as an easement for future drainage improvements in the area.
In accordance with Section 62.3 5 of the Code of Ordinances, Staff has ordered an independent appraisal of
the right-of-way in question. As a result, the fair market value has been appraised at $1.50 per square foot.
As in the past when a drainage easement is required, the appraisal provides a 90% discount to the area
retained. The City has received payment from the applicant in the amount of $21,978 (75% of Fair Market
Value as per the ordinance) for the closing a total of35,520 square feet of the West Tyler St. Right-of-Way.
Recommendation:
Staff recommends vacating, abandoning, and closing the West Tyler Street Right-of-Way retaining a 30'
wide easement for future drainage improvements.
Action Required of Council:
Consider approval of an ordinance to vacate, abandon, and close the West Tyler Street Right-of-Way from
North 16th Street to North 18th Street.
cil Agenda
"-~
7/;0/
te
ity Manager
EXHIBIT 1 to Agenda Packet
Closing Ordinance
ORDINANCE NO. 2007-~
AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF WEST
TYLER STREET IN THE CITY OF LA PORTE, HARRIS COUNTY, TEXAS,
RESERVING A DRAINAGE EASEMENT, FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the City Council of the City of La Porte has been
requested by record owners of all of the property abutting the
hereinafter described portion of West Tyler Street, City of La
Porte, Harris County, Texas, to vacate, abandon, and permanently
close that portion of West Tyler Street, City of La Porte, Harris
County, Texas; and
WHEREAS, the City Council of the City of La Porte has
determined and does hereby find, determine and declare that the
hereinafter described portion of West Tyler Street, City of La
Porte, Harris County, Texas, is not suitable, needed, or beneficial
to the public as a public road, street and alley, and the closing
of the hereinafter described portion of West Tyler Street, City of
La Porte, Harris County, Texas, is for the protection of the public
and for the public interest and benefit, and that the hereinafter
described portion of West Tyler Street, City of La Porte, Harris
County, Texas, should be vacated, abandoned, and permanently
closed.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. Under and by virtue of the power granted to the
City of La Porte under its Home Rule Charter and Chapter 253,
Section 253.001, Texas Local Government Code, the hereinafter
described portion of West Tyler Street, City of La Porte, Harris
County, Texas, is hereby permanently vacated, abandoned and closed
by the City of La Porte, to-wit:
That portion of the right-of-way of West Tyler Street,
between the west right-of-way line of North 16th Street
and the east right-of-way line of North 18th Street, and
lying and being situated between Block 653, 654, 679, and
680, in the Town of La Porte, Harris County, Texas,
according to the map or plat thereof recorded in Volume
58, page 462, of the Deed Records of Harris County,
Texas, reference to which is here made for all purposes,
as more fully shown on a map attached hereto as Exhibit
"A", incorporated by reference herein and made a part
hereof for all purposes.
SUBJECT TO: The City of La Porte retains a drainage
easement over, along, and under, the northernmost 30' of
the above-described portion of the right-of-way of West
Tyler Street.
Sec tion 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 23~day of July, 2007.
By:
cu;:,:L~~
Alton E. Porter
Mayor
2
ATTEST:
;1!Jl!j!~iKe#fl4
City Secretary
'-
AP~~~
Knox W. Askins
City Attorney
3
EXHIBIT "A"
to Ordinance No. 2007-
NORTH 18th ST.
60'
'"
'-J
\D
Closed b Ord. #97-2186
Closed by Ord. #97-2186
'"
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o
Closed by Ord. #97-2186
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NORTH 17th ST.
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NORTH 16th ST.
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EXHIBIT 2 to Agenda Packet
Area Map
N
W+E
S
5E
REQUEST FOR CITY COUNCIL AGENDA ITEM
Stephen L. Barr
Appropriation
Requested By:
Fund 15
Department:
Parks & Recreation
Acc't Number:
015-9892-876-1100
Report: _Resolution: _Ordinance: -1L-
Amount Budgeted:
$107,774.8
Attachment: Bid Tabulation, Bid #07018
Amount Requested:
$115,513.50
Attachment: Bidder's List
Bud eted Item:
YES X
NO
Attachment:
SUMMARY & RECOMMENDATION
Phase I development of the "Pond to Park" project on property obtained from the East Fairmont Park
Homeowner's Association has been completed Weare now ready to proceed with Phase II of the project which
includes primarily the parking facility, picnic pads, and A.D.A. sidewalk connections.
Sealed Bids were advertised and information regarding plans and specifications were sent to thirteen
contractors. Bids were opened on July 9, 2007 with four contractors submitting bids. The low bidder meeting
specifications, Mar-Con Services, L.L.C, submitted a bid of $112,013.50 for the project. East Fainnont
Homeowner's Association has contributed $20,000 toward the project, per their agreement with the City of La
Porte. With that contnbution, the budgeted funds are $7,738.70 less than the project as bid Staff recommends
utilizing $7,738.70 from the Fund 15 contingency to obtain the necessary funding to continue.
Staff recommends acceptance of the bid from Mar-Con Services, L.L.C in the amount of$112,013.50
and $3,500.00 in contingency funds to construct Phase II of the Pond to Park project for La Porte according to
the plans and specifications for the project, as low bidder meeting specifications. Mar-Con Services, L.L.C
was also the contractor for Phase I of the project and performed very well.
Action Required bv Council:
Consider Authorizing the Interim City Manager to execute a contract with Mar-Con Services,
L.L.C in the amount of$112,013.50, with $3,500.00 in contingency funds to construct Phase II of the Pond to
Park project for La Porte according to the plans and specifications for the project, as low bidder meeting
specifications.
11)8 /~r;
( Date I
BIDDERS LIST
POND TO PARK PHASE TWO #07018
Associated General Contractors,
Houston Chapter
Fax: 713-843-3701
BK HUNTER KNEPSlllELD CO.
PO Box 260677
3400 Silverstone, Suite 106
Dodge Reports (Blue Book)
Off 1-888-303-2243
Fax: 713-524-7639
SLACK & CO
10622 South Main
Houston, TX
HULL & HULL INC.
General Contractors
2223 Kelley
Houston, TX 77026
ALCON
355 c.R. 6881 N.
Dayton, TX 77535
T.F HARPER & ASSOCIATES LF
103 Red Bird Lane
Austin, TX 78745-3122
R.L. UTILITIES
PO Box 1154
LaPorte, TX 77572
MCKENNEY CONSTRUCTION
PLA YLAND HOUSTON
DISTRIBUTOR & INSTALLER
2877 Cocona Lane
Houston, TX 77073
MAR-CON
1410 Preston, Suite H
PO Box 837
Deer Park, TX 77536
TEAMWORK CONSTRUCTON
SERVICES
2901% Preston, Pasadena, TX 77503
PO Box 591213, Houston, TX 77253
SER CONSTRUCTION PARTNERS
2230 Pansy
Pasadena, TX 77503
BROOKS CONCRETE & FENCE
4018 Allen Genoa
Pasadena, TX 77504
OATES INDUSTRIES
2900 East X
La Porte, TX 77571
Chamber of Commerce
PO Box 996
La Porte, TX 77572-0996
Info 1 (QJ.lauortechamber .or2
PATAK CONSTRUCTION, INC
1927 SH146
Kemah, TX 77565
Bayshore SUB Publish Dates:
June 24, 2007
July 01, 2007
BID TABULATIONS
Bid #07018 POND TO PARK PHASE TWO
PATAK
MAR-CON BROOKS CONSTUCTIONS, HULL & HULL,
DESCRIPTION SERVICES, LLC CONCRETE INC. INC. INC.
TOTAL BASE BID (items 1-13) 112,013.50 139,818.60 156,948.30 174,511.33
TOTAL 112,013.50 139,818.60 156,948.30 174,511.33
Notes:
Information reflects pricing only and other factors may be considered during the evaluation process
SPECIFICATIONS
AND
CONTRACT DOCUMENTS
FOR
PARK TO POND PROJECT
PHASE Two
SEALED BID #07018
CITY OF LA PORTE, TEXAS
JUNE 2007
CLP PROJECT NO. GEN876
. I DATE (MM/DDIYYVY)
ACORDT.. CERTIFICATE OF LIABILITY INSURANCE 8/2/2007
PRODUCER Phone: 713-688-1500 Fax: 713-688-7967 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Brady, Chapman, Holland & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
2190 North Loop West, Suite 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P.O. Box 922019
Houston TX 77018 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURERA:James River Ins Co (Heath)
Mar-Con Services, LLC INSURERB:AIG National Ins. (Tx Snecial
1410 Preston Avenue, Suite H
Pasadena TX 77503 INSURERC:
INSURER D:
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.
INSR :.~~~ POLICY NUMBER PRk'CY EFFECTIVE POLICY EXPIRATION LIMITS
LTJ>
A ~NERAL LIABILITY 00019103 10/3/2006 10/3/2007 EACH OCCURRENCE $ 1 000 000
~ ~MERCIAL GENERAL LIABILITY ~~~~~~~9ta~~J~~nce\ $50 000
- CLAIMS MADE 5LJ OCCUR MED EXP (Anyone person) $
X ') 000 RT/PD Dp.d PERSONAL & ADV INJURY $1 000.000
- GENERAL AGGREGATE $2 000 000
~'L AGGRE~E LIMIT APnS PER: PRODUCTS - COMPJOP AGG $2 000 000
POLICY X~fPT LOC
B ~OMOBILE LIABILITY AIG6545475 10/6/2006 10/6/2007 COMBINED SINGLE LIMIT $1,000,000
ANY AUTO (Ea accident)
-
- ALL OWNED AUTOS BODILY INJURY
$
L SCHEDULED AUTOS (Per person)
L HIRED AUTOS BODILY INJURY
$
)L NON-OWNED AUTOS (Per accident)
I---- PROPERTY DAMAGE $
(Per accident)
RRAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
A ~ESSIUMBRELLA LIABILITY 000191010 10/3/2006 10/3/2007 EACH OCCURRENCE $1 000 000
X OCCUR 0 CLAIMS MADE AGGREGATE $1 000 000
$
R DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND I WCSTATU- I IOTH-
TORY L1MrT~ ER
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNERlEXECUTIVE E.L. EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
~ertificate holder and others when required by written contract are named as additional insured on the general
iability with a waiver of subrogation on the general liability, and automobile, to the extent of liabilities assumed
~nder written contract, subject to the terms, conditions and exclusions of the policy. This insurance is primary and
~on-contributory as respects to general liability to the extent of liabilities assumed under written contract, subject
o the terms, conditions and exclusions of the policy. Umbrella Follows Form
E: BID# 07018-Pond to Park Project Phase Two; CLP Project # GEN876
City of LaPorte
604 West Fairmont Parkway
La Porte TX 77571
CANCELLATION
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.
CERTIFICATE HOLDER
AUTHORIZED REPRESENTATIVE
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)
Date 8/312007 04:42 PM
Sender's Fax ID: 7136906020
Page 2 01 3
ACORDm CERTIFICATE OF LIABILITY INSURANCE OP 10 D~ DATE (MM/DDIYYVY)
G&AST-1 08/03/07
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
cravens/Warren & company HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P. O. Box 41328 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Houston TX 77241-1328
Phone: 713-690-6000 Fax:713-690-6020 INSURERS AFFORDING COVERAGE NAIC#
---.-- -------- ---_.~----- n
I~ISURSJ-- I f.ISIIPER~. Texas Mutual In$Uu~c:e company
- -- I--~-'" --
II\ISIJRER B
-------- -_.._------~-- ---------,.-.- ---------- -- _.---- -.
G&A Partners INSURER C
-- -_.-- -_.- ---- ----."--
4801 WoodWa~ 1210 IIIJSURER rl ---- .-_.---
Houston TX 7057 --.--- --
II'iSURER E
,Hl POL!Clb cf 1I.1'3UPANCE LISTED EELOV-II-'A'/E BEEN l'oWED TO THE INSURED f.IAMED PBOVE FOR THE FOUC! FERIOD INDIC~.TED l'.IOTWITHSTAI"DIi,I'_.
,"hli rEOUIREMEI,T. TERM C,P CONDITION OF AolY CONTRACT OR OTHER DOCUMENT WITH RESRECT TO WHICH THI',. CERTIFICATE MAY BE ISSUED OR
~Wi f'ERMIN. n IE II,ISLJR.~NCE AFFORDED BY THE PDLlCIES DESCRIBED HEREIN IS ,;lI8JECT TO ,~LL THE TERMS. EXCLUSIONS AND CONDITIONS OF 'oUCH
pelLlClEs J\(c'~'REG(\rE LiMITS SH(j\.VN MAY HAVE BEEN REDuCED BY P/'.ID CLAIMS
---- ._~- -------_._._~- . -
LTR NSRd TYPE OF INSURANCE POLICY NUMBER DATE (MMIOOIYYI P~k~Y(MMIOOIYYI LIMITS
L (;E~IERAL LIABILITY EACH OCCURRENCE $ -
-------..---
, l~"'''~'~ ,~~ ,"""n ..~c I <..J t"Icr11 cu $
PREi'vlISFS lEa oc(;urence) --~_._---- n____
_~_ ._ J CL~IMS !..4ADE D OCCUR MED E>::P ~An\1 on", person} of
~-------- ...._---------"_.~- .-
c PERiaNAL. & .^DV INJURY $
------.--- -----
I GENERJ\L ,ll.,GGRE(';ATE 'I
----- -----"~_._-_._-- --.'_.-"'---
Cf:lJl.il,(,C,REC.>i\TE LIMIT ixPPLIES PER PPODUCTS - COMPIOP ,1l,GC, $
I '1 -- I-I PRO- r-jlOc -.--- ------..----...----- -.-'-- -
POLlC Y Jf:.CT .----
AUTOMOBILE LIABILIW COlvlBINECc SINe-LE LiMIT
-_. 1,
fl:\IY,w..liTO (Ea accIdent)
._- 1..- -- ___u_______ --
,i~Lt OINf\JED AUTOS BODIL Y INJUR'(
-- "
'-:':CHFDULED At JTOS (PN per~:;Ofl)
- --.--.-..-.--- -_._-_.._.~_._._-
HIRED AUTOS BOD!L Y INJURY
--.- $
NOfJ-OW~IED AUTOS (P8r accident)
--- -- --,'-'--"---'- -
- -_.._._---~_._~_.. PROPERTY D..~Nlfl..GE $
(P8r accident)
.---
GARAGE LIABILITY AUTO OI'IL '( . EA J'.CCIDEI,T $
---~-- -.-------
~1 I\hl'l ,,!ITC' EA, Ace "
-. .. OTHER TH."J., ~-'-'- ~--'---'---- ---.--
. ,l-\UTO OI'.JI_,Y AGO ;
I --
c EXCE'O'OIUMBRELLA LIABILITY EACI., OCCURRENCE :,
tJ oxur D CL,~IMS MADE ---~ -- -_.'--'--~--- --"-- ----
AG("hcGATE ..c.!___.____
---..-.-.-.--.-
f-=' _j DFDUCTIBI.E ._-~- -----_._._---~ ,$- -
$ -.-
----.-.---.-- -.---.----.- -
RETEI'ITIO~I $ $
WCol,^' I lOW --
WORIIERS COMPENSATION AND X
EMPL OYERS' LIABILITY _.-
A ll_NY r~'R(!f___'RIE:TORlP.ARTr~ERJEXECUTIVE TSFOO01076234 02/23/07 02/23/0B 1".1 E.>\CH NXlcJfJIT " 1000000
ClFf.:II~:FR/I'/E~...lBER EXCLUDED? ---...._-
I f ~,II?~,. ,1e-:;t;flb"l1lt1Mr [L DISEA?L - EI', EMPLOYEE :I 1000000
.,-.-.-..--" - '"
SPECIAL PR(,VISIONS b€'tw'l EL DISEt<,2::E. POLICY LIMn 'I 100000_~
OTHER
"
DESCRIPTION OF OPERATIONS I LOCATIONS I vr:HICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Re: Pond to Park project Phase Two; CLF Project #GENB76. CO Employees of
Mar-Con Services, LLC and G&A Partners are insured under the referenced
policy. Alternate Employer Ends. Applies. Waiver of SUbrogation in favor of
the certificate Holder with respects to Worker' s compensation.
COVERAGES
City of LaPorte
604 West Fairmont Parkway
LaPorte TX 77571
CANCELLATION
CITLAP 3 SHOU~D ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED Br:FORE THE EXPIRATINI
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEn
~JOTICE TO THE CERTlFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGIl.TION OR LIABILIT'I OF ANY KIND UPON THE INSURr:R, ITS AGENTS OR
REPRESENTATIVES.
A ORI PENT
,
@ACORD CORPORATION 1988
CERTIFICATE HOLDER
ACORD 25 (2001108)
Date: 8/312007 0442 PM
Sender's Fax 10: 7136906020
Page :;s or ~
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer nghts 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 Ce,tificate of Insurance on the ,'everse 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)
CITY OF LA PORTE
PARK TO POND PROJECT
PHASE TWO
SEALED BID #07018
CLP Project No. GEN876
TABLE OF CONTENTS
SECTION
NO. OF PAGES
NOTICE TO BIDDERS .. ........ ..... .......... .................. ................ ............. ..... ........................... 2
STANDARD DOCUMENTS..................................................................... ........... ...... ........... 3
GENERAL TERMS AND CONDITIONS............................................................................. 5
SCOPE OF WORK (SPECIFICATIONS) ................................. .......................................... 1
BID PROPOSAL.................................................................................................... ...... ........4
AGREEMENT...................................................................................................................... 2
PAYMENT BOND .................... ......... ........... ...... ..... ..................... ...... ..... .......... '" ..... ..... '" ... 2
PERFORMANCE BOND........................................................................................... ...... .... 2
SUPPLEMENTARY CONDITIONS.. .................................................................................. 8
TECHNICAL SPECiFiCATION...... .................. ... ............ ............... ..AS PROVIDED
Item 00102 Clearing & Grubbing
Item 00104 Removing Old Concrete
Item 00111 Bank Sand for Sidewalks
Item 00112 General Sodding
Item 00205 Subgrade
Item 00220 Limestabilization
Item 00360 Concrete Pavement
Item 00402 Bank Sand Backfill
Item 00433 Cement Stabilized Sand Bedding and Backfill Material
Item 00530 Concrete Curb, Gutter, Curb and Gutter Sidewalks and Driveways
Item 00560 Maintenance and Cleanup of the Project Site
Item 00675 Traffic Paint
Item 00708 Filter Fabric Fence
Item 00724A Stabilized Construction Exit
Item 00741 Gravel Bag Inlet Protection Barrier
Item 01300 Submittals
Item 01410 Laboratory
Item 02220 Excavation, Trenching and Backfilling for Utilities
Item 02227 Waste Material Disposal
Item 02513 Concrete Drainage Structures
Item 02530 Dewatering and Drainage of Excavation
Item 02500 HDPE Storm Sewer Pipe
Item 02722 Engineered Surface Drainage Products
Item 04241 Hydro-Mulch Seeding
SEALED BID # 07018 - POND TO PARK PROJECT, PHASE TWO
CITY OF LA PORTE
NOTICE TO BIDDERS
All sealed bids shall be submitted includina one marked oriainal and one duplicate on the original
forms and clearly marked with bid number and description. Bids will be received at 2963 N 23rd
Street, La Porte, TX, 77571 Attn: Susan Kelley, Purchasing Manager until 2:00 P.M. Monday.
July 9. 2007 .
The bids will be opened and publicly read in the Public Works upstairs training room, 2963 N. 23rd
Street, La Porte, TX 77571, immediately after the closing hour for the bids on said date. An elevator
is not available. Please contact purchasing at 281-470-5126 if accommodations are needed.
No late bids will be considered.
Interested contractors may obtain plans, specifications and necessary bidding information at no cost.
City of La Porte
Purchasing Department
2963 N 23rd Street
La Porte, TX 77571
(281) 470-5126
All bids shall be accompanied by a cashier's or certified check upon a national or state bank in the
amount of 5% of the total bid amount, payable to the City of La Porte, Texas or a bid bond in the same
amount from a reliable surety company licensed by the Texas Department of Insurance with a
minimum Best Key Rating of "An or "A-". This check shall be considered as a guarantee that the bidder
will enter into a contract and execute performance and payment bonds within ten (10) days after notice
of award. Bids without check or bid bond will not be considered.
The City of La 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.
The Owners reserves the right to reject any and/or all bids, to waive any and all technicalities and tc
accept any bid or part thereof, which in the opinion of the City Council, is most advantageous to the
city. In case of ambiguity or lack of clearness in stating the prices in the bid, the Owner reserves the
right to consider the most advantageous construction thereof or to reject the bid.
Published:
June 24. 2007
July 01. 2007
CITY OF LA PORTE
The foregoing prices shall include all labor, materials, equipment, removal, overhead,
profit, freight, insurance, etc., to cover the finished work specified in this proposal.
All items proposed and installed under this procurement must be new and unused and in
undamaged condition.
The City of La Porte is tax exempt and no taxes shall be included in the pricing of this bid.
Offeror understands that the Owner reserves the right to reject any or all offers and ta
waive any infonmalities in the proposal.
The offeror agrees that this proposal shall be good and may not be withdrawn for a period
of ninety (90) calendar days after the scheduled closing time for receiving proposals.
The undersigned affinms they are duly authorized to represent this firm, that this proposal
has not been prepared in collusion with any other firm, and that the contents contained
herein have not been communicated to any other firm prior to the official opening.
Respectfully submitted:
.M/2-e ;;n/,,(~/.L_C
Business
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Address
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City, State, Zip 'Code
'7/:?-'~V73'~ / gat'
Office Phone
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Name (p ~iLs... e ri~~)
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Signcfture
czc/c; yl d'/(~/ !:vOho.:1' (v :IV'
E-mail
//5--4'77--/ ~ / /
Fax 'Number
CITY OF LA PORTE
CERTIFICATION BY BIDDER
City of La Porte Ordinance #98-2217 prohibits any expenditure for goods or services by
the City of La Porte from any person, firm, or corporation owjng any delinquent
indebtedness to the City. The undersigned bidder further certifies that it is in
compliance with the requirements of said ordinance. A copy of the ordinance may be
obtained by contacting the City of La Porte Purchasing Division at 281-470-5126.
If undersigned bidder is not in compliance with Ordinance 98-2217, it hereby assigns to
the City of La Porte, the amount of its delinquent indebtedness to the City of La Porte, to
be deducted by the City of La Porte from the amounts due the undersigned.
Failure to remit this certification with the bid, or non-compliance with said ordinance
shall be just cause for rejection or disqualification of bid.
J/1-:f'
~ The undersigned hereby certifies that it is in compliance with Ordinance 98-2217.
or
The undersigned assigns to the City of La Porte, the amount of its delinquent
indebtedness, to be deducted by the City of La Porte from the amounts due the
undersigned.
(Initial one of the above)
Business Name:
;At 1':" .s;;,u'(~~ LiL
.
/rlt1 l?-~riv1 I9ve. ~II
-~
4a/r/1':'; F 77SilJ
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Address:
Printed Name:
Authorized Signature:
CITY OF LA PORTE
INDEMNITY HOLD HARMLESS AGREEMENT
To the fullest extent permitted by law, Contractor, its successors, assigns and guarantors, shall pay,
defend, indemnify and hold harmless the City of La Porte, its agents, representatives, officers, directors,
officials and employees from and against all allegations, demands, proceedings, suits, actions, claims,
including claims of patent or copyright infringement, damages, losses, expenses, including but not limited
to, attorney's fees, court costs, and the cost of appellate proceedings, and all claim adjusting and
handling expenses, related to, arising from or out of or resulting from any actions, acts, errors, mistakes
or omissions caused in whole or part by Contractor relating to work, services and/or products provided in
the performance of this Contract, including but not limited. to, any Subcontractor or anyone directly or
indirectly employed by or working as an independent contractor for Contractor or said Subcontractors or
anyone for whose. acts any of them may be liable and any injury or damages claimed by any of
Contractor's and Subcontractor's employees or independent contractors.
The Contractor expressly understands and agrees that any insurance policies required by this contract, or
otherwise provided by the Contractor, shall in no way limit the responsibility to indemnify, keep and save
harmless and defend the City of La Porte, its Council members, officers, agents and employees and
herein provided.
)I~ (;", 5?rl/;;~S; J.../C
Contractor
4:RJc; ~ I/}/!"~ J
Printed Name
Date :L
./ .. '7
c_/:/'< J;2--
/ /1/.-..- /
Signature
CITY OF LA PORTE
SPECIFICATIONS
PEDESTAL PICNIC TABLE
GENERAL DESCRIPTION: Picnic tables shall be single or double pedestal with a 4" X 4"
square, or 4" diameter galvanized steel pipe. Table shall measure 6' X 5'2"
minimum. Top and seats shall be expanded metal with vinyl coating as described
below.
TOP AND SEATS: Shall be %" #9 expanded metal welded to a frame made with 2" X 2"
angle steel. Top and seats shall be coated with a plastisol ultraviolet stabilized
vinyl coating, or approved equal; fused and baked to a 90% gloss. Center braces
shall be fabricated with %" X 1 ~"f1at steel and, if not a part of the coated portion
of the top and seat; shall be hot dipped galvanized. Color shall be delft blue, or
equal.
FRAME: Shall be a single 4" X 4" pedestal mounted to the center of the table top or two
4" x 4" pedestals on the centerline of the table, extending 46" under the table, to
allow for 18" of in-ground mounting. Two 3" steel tubing pieces shall extend out
from the center pedestal for mounting the two seats. Entire frame shall be hot
dipped galvanized finish.
FASTENERS: Shall be stainless steel or galvanized or other non-corrosive finish.
WARRANTY: Table shall be warranted against defects in materials and workmanship for
a period of one year from date of installation.
MANUFACTURER'S REFERENCE: Miracle 6' Pedestal In-Ground Picnic Table, Model
1116-2, or approved equal.
CITY OF LA PORTE
PEDESTAL MOUNTED HEAVY DUTY PARK STOVE
GENERAL DESCRIPTION: Park Stove shall be heavy duty construction, mounted on a
single pedestal.
BODY: Sides and back shall be 10 gauge minimum, galvanized steel" Bottom shall be 7
gauge formed steel and shall be fastened to sides and back with galvanized or
stainless fasteners or other non-corrosive and heat resistant finish. Body shall
rotate 360 degrees to allow for wind direction while cooking.
GRATE: Grate shall be formed of %" diameter steel rod. Grate shall be equipped with
steel spring heat dissipating handles and shall be attached to frame with galvanized
steel chain.
FRAME: Shall be a 2 3/8" heavy duty steel tubing, galvanized inside and out. Frame shall
be constructed in such a way as to allow for inground concrete mounting.
FASTENERS: Shan be stainless steel or galvanized or other non-corrosive finish.
WARRANTY: Park Stove shall be warranted against defects in materials and
workmanship for a period of one year from date of installation. Equipment must
meet all applicable Consumer Product Safety Commission Guidelines for Play
Equipment manufacture.
MANUFACTURER'S REFERENCE: Miracle Heavy Duty In-Ground Park Stove, Model
1104-8, or approved equal.
CITY OF LA PORTE
SPECI FICA TIONS
PEDESTAL MOUNTED 32 GALLON TRASH RECEPTACLE
BIDDER'S BOND: A cashier's check, certified check of the bidder, or a prepared bidder's bond, shall
be submitted with each bid. Amount of check or bond shall be five percent (5%) of total
amount bid. Checks or bonds of unsuccessful bidders will be returned within three (3) days of
award, if all bid requirements are met. The successful contractor will receive his check or
bond upon approved completion and acceptance of the job.
GENERAL DESCRIPTION: Trash receptacle shall be mounted on a single pedestal. Receptacle
shall measure 30" X 24" minimum and be formed of #9 X %" expanded metal with vinyl
coating, or approved equal, as described below.
BODY: Shall be %" x #9 expanded metal welded top and bottom, to a 3/8" round steel border. Body
shall be coated with a plastisol ultraviolet stabilized vinyl coating, or approved equal; fused
and baked to a 90% gloss. Body shall be fabricated in two halves to allow the oven baking
process to cure the inside and outside equally. The two halves shall then be assembled
together prior to shipping.
FRAME: Shall be a 2 3/8" heavy duty steel tubing, galvanized inside and out, and meets or exceeds
the tensile strength and yield of Schedule 40 steel pipe. Frame shall be constructed so as to
prohibit rain water from collecting at ground level. Frame shall be coated with a baked on
polyester powder coat finish, or approved equal. Frame shall be constructed in such a way as
to allow for inground concrete mounting.
FASTENERS: Shall be stainless steel or galvanized or other non-corrosive finish.
WARRANTY: Trash receptacle shall be warranted against defects in materials and workmanship for
a period of one year from date of installation.
MANUFACTURER'S REFERENCE: Miracle Pedestal Mounted 32-Gallon Trash Receptacle, Model
1129, or approved equal.
Pond to Park
Picnic Pad
(Typical, not to scale)
Six pads to be installed, locations
to be determined by Owner on
site.
4" reinforced concrete pads.
Revised May 2007
Notes
1. Picnic table, Park stove and
trash receptacle to be
mounted according to
manufacturer's specifications
for base mounting under
concrete slab.
2. Table may have single or
double pedestal; placement
should be made accordingly
so that table is positioned 1
foot from edge of slab.
3. Trash receptacle and park
stove pedestal to be
centered 18" from edge of
slab, each way.
..
One, or two
pedestals
10'
~
Picnic Table m
Park Stove .
. Trash Receptacle @
10'
Table to be l' from edge of slab
CITY OF LA PORTE
GENERAL TERMS & CONDITIONS
CONSTRUCTION CONTRACTS
1. RECEIPT AND OPENING OF BIDS
The City of La Porte, (hereinafter called the "Owner"), invites bids on the form
attached hereto, properly completed. Bids shall be returned in a sealed envelope,
clearly marked with the bid number/name and bearing the bidder's name and
address on the outside of the envelope. Owner will receive bids at the Purchasing
Office, 2963 N. 23rd Street, La Porte, TX 77571. Bids will be publicly opened and
read aloud immediately after the closing hour of said date.
Any bid received after the time and date specified shall not be considered.
Each bid must be submitted, in duplicate, on the prescribed form. All blank spaces
for bid prices must be filled in, in ink or typewritten figures. This form must be fully
completed and signed by authorizing agent when submitted.
The Owner may not consider 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 scheduled time for receipt of bids or
authorized postponement thereof. No bidder may withdraw a bid within sixty (60)
days after the actual opening.
2. BID MODIFICATIONS
Any bidder may modify their bid by written communication at any time prior to the
scheduled receipt of bids, provided such communication is received by the Owner
prior to closing time. The communication should not reveal the bid price but should
provide the addition or subtraction or other modification so that the Owner will not
know the final prices or terms until the sealed bid is opened.
Owner shall not provide interpretation of the meaning of the plans, specifications or
other pre-bid documents to any bidder orally, but must be in writing.
Every request for such interpretation should be in writing addressed to the
Purchasing Manager, 2963 23rd Street, La Porte, TX 77571. All requests shall be
received at least five (5) days prior to the scheduled time for receipt of bids. Any
and all such interpretations and any supplemental instructions, will be in the form of
written addenda to the specifications which, if issued, will be submitted to all
prospective bidders not later than three (3) working days prior to the scheduled time
for receipt of bids. Failure of any bidder to receive any such addendum or
interpretation shall not relieve bidder from any obligation of submitted bid. All
addenda issued shall become part of the contract documents and must be
acknowledged as received on submitted document.
General Terms & Conditions
Continued
Page 2 of 5
3. METHOD OF AWARD
Contract will be awarded to the lowest responsible bidder or to the bidder who
provides the goods specified herein at the best value for the City of La Porte, in
compliance with Texas Local Government Code, Chapter 252.043. The City of
La Porte reserves the right to select the method in the best interest of the City, as
determined by the Purchasing Agent.
Best value criteria includes, but is not limited to:
~ All costs including installation, warranty, maintenance, over all life cycle
~ Quality of the goods or services
~ Reputation of the bidder or bidder's goods and services
~ Extent to which goods or services meet the City's needs
The City of La Porte Council reserves the right waive any informalities or
technical errors that, in its judgment, will best serve the interests of the City.
The Owner reserves the right to award per item, lump sum, base bid, adjusted
base bid, and/or any combination of alternates or options deemed in the best
interest of the City of La Porte.
4. BID SECURITY
Each bid must be accompanied by a cashier's check, a certified check of the
bidder, or a bjd 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.
5. 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) working days after award notification,
shall forfeit the submitted security deposit to the Owner as liquidated damages
for such failure or refusal.
General Terms & Conditions
Continued
Page 3 of 5
6. TIME OF COMPLETION AND LIQUIDATED DAMAGES
Time is of the essence in this project and the contractor must diligently pursue
the construction work so as to offer for final acceptance by the Owner within the
time limit specified in the bid documents. Liquidated damages of $300.00 per
day shall be chargeable for each calendar day the work remains incomplete past
the stated time limit. The stated time limit for this project is 90 calendar days.
7. QUALIFICATIONS OF BIDDER
At the time of the opening of bids, each bidder will be presumed 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 of their bid.
The Owner may make such investigations as deemed 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.
8. 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.
9. NOTICE OF SUPPLEMENTAL GENERAL 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
General Terms & Conditions
Continued
Page 4 of 5
10. FUNDING OUT CLAUSE
If at the time this contract is awarded, the lowest base bid submitted by a
responsible bidder exceeds the amount of funds budgeted and funds are not
available, the Owner may reject all bids.
Otherwise, if awarded, the City of La Porte warrants funds are available to pay for
this contract until the end of its current fiscal year and warrants that funds will be
requested to make payment in each appropriation period from now until the end of
the last renewable option year. However, if funds are not made available after such
request, the City of La Porte may terminate this agreement with thirty (30) days
written notice.
11. 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
interruptions of or interference with the work of any other contractor.
12. 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. The contractor shall be responsible for receipt and payment of
any local, state, or federal permits required for bid, if applicable.
13. 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.
14. 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).
General Terms & Conditions
Continued
Page 5 of5
14. SAFETY STANDARDS AND ACCIDENT PREVENTION (continued)
(2) Exercise every precaution at an times for the prevention of
accidents and the protection of persons (including employees)
and property.
(3) Maintain all articles necessary for giving first aid to the
injured in a well-known place at the job site. Contractor shall
make standing arrangements for the immediate removal to a
hospital or doctor's care of any person (includir:lg 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 the necessary arrangements.
15. SUPPLEMENTAL INFORMATION
A. All prices to be F.G.B., Destination, (City of La Porte), La Porte, TX 77571.
B. The City of La Porte is exempt from all taxes in the State of Texas, including
sales tax. A tax-exempt form will be provided upon request.
C. Use of brand names in specifications is descriptive and not restrictive, and
any product of equal quality will be considered.
D. All exceptions to the specifications and/or brand names must be so stated
on the bid.
E. It is requested that vendors electing not to bid, submit a "NO BID" response
in order to remain on the bidder's list.
CITY OF LA PORTE
SPECIFICATIONS
POND TO PARK PROJECT, PHASE TWO
BID #07018
CLP Project No. GEN876
INTENT
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 Phase II - Pond to Park improvements.
Project shall include:
~ Installation of approximately 1,760 square yards of six-inch (6") thick
reinforced concrete parking area and street entrances
~ Approximately 250 linear feet of four-feet (4') wide, four-inch (4") thick
sidewalk
~ Install water tap and one (1) drinking fountain, in accordance with the plans
and specifications prepared by CivilTech Engineering, Inc. and included in
this bid package.
~ Install six (6) each picnic tables, park stove, and trash receptacles on ten
foot by ten foot (10' x 10') four-inch (4") thick concrete pad, per the City of La
Porte specifications and drawings included in this bid package
~ Contractor shall utilize storm water pollution prevention measures including
silt fencing and inlet protection, site restoration and all other related
appurtenances and items, all complete, tested and operational in accordance
with the plans and specifications prepared by CivilTech Engineering, Inc. and
with 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 (100%) of the
contract price indemnifying the City of La Porte against defective workmanship and
material.
BID FORM
POND TO PARK PHASE II
DATE: 7- 9-07
Bid of /J1; J2 - In ~nl'; (J 5. t.LC(hereinafter called "Bidder") an individual proprietorship, a corporation
orgal1~eP aryd existing under I~ws of the State of Texas, a partnershiQ, or individual consisting of
~# Mr"S .' for Construction of the Pond to Park Phasl II, for the City of La
Porte, Harris County, Texas (hereinafter callE;id "Owner,")
To: City of La Porte
2963 N 23rd Street
La Porte, Texas 77571
Attention: Susan Kelley, Purchasing ~anager
Gentlemen:
The undersigned bidder has carefullyex~mined the Instructions to Bidders, this Proposal, the General
Conditions of Agreemen~ the Technical SpeCifications and related documents prepared by the City of La Porte
for the work herein above described and referred to in the Invitation to Bid, is familiar with all of the conditions
surrounding the construction of the proposed project, and has carefully examined the site of the work and
agrees to provide all necessary labor, suPerintendence, machinery, equipment, tools, materials, supplies,
services and other means of construction t~~ complete all the work upon which he bids within the time set forth
herein, as called for in the Contrac~ the Specifications, and in the manner prescribed therein and according to
the requirements of the Engineer as therein set forth for the amounts below. These prices are to cover all
expenses incu~d in performing the work required under the contract documents, of which this Bid Form is a
part. -
Item
No.
Description of Item with Unit Bid Price
in Written Words
Unit
Approx.
Quantity
Unit
Amount
Total
Price
1.
6" Concrete reinforced concrete. pavement
with 3000 psi concrete (min). Complete
in place. .
@ t:rtr ~VfYL
V ~4rs .
Per each
Sy
1274
()d
$ 37. --
qtJ
$tj7/3~-
~
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Q!~'~ lIRl 'ON
vWES:L LO(JG '9 '[11'
Item Description of Item with Unit Bid Price Approx. Unit Total
No, in Written Words Unit Quantity Amount Price
2. 6" limestabilized subgrade @ a PH,of 12
@ 6~Af 7)d/4rJ' aJ?) 7tJ 9tJ
~ z:-
.Y2V.f?uf>t C-e/t1 is:: sy 1477 $ $ /~ rgytJ. -
Per each ./
3. Site preparation for Iimestabilization
@ 7W-,b/ve l)'~Yf a~ $ /2,.:& ~
-r;r~ Ui1fs SY 1477 $ /J: 3/f
Per each ,
'.'
4, 6" concrete curb ' -,
@ fi;r'e, Zh/An sa Jo
tll1J dt/y UJtfs LF 501 $ 5,- $ ~ 653. ~
Per each . ; 7'
5
~ (/1
-'
EA 1 $ 9Jo, $ ? ltJl
6. 18" HOPE Pipe : .... t.
@ 71,;jy S/K ~ IS
LF 45
oa d~
$ 36, - $/ ~J-,Ol -
./
Per each
7. 4" Concrete SidewalKs wI beel Chair Ramp
@ 01/;- ~ r'f" ' 4- It)
sel/ed1Y O;ftr- :
Per each /
SF
70
1125 $ f:-
SO
$~.;2F7 -
./
8. Silt Fencing /J .~'.j A/. ,
@ u#e 'l)V.stfOl /v'/I/f
111/Jt-./r~1 ~~rf;
Per each ~
LS
..t:!. " ..
$ ! YtJtJ, $! ?t9cJ. -
./ '
BP-2
Q/t>.~ l/Rl 'ON
wv g : L L 0 0 l '9 '[11 i'
9. Hydromulch seeding wI watering
@ {}He 7lt/~41t/ ~w p
~t/h4;re~ VJIi:/J
Per each
LS
1
d4 84
$ t 2a:J,- $f.2tJtJ.
10. pavement striping.../ .' I
@ eke ~411/"0~
ht/drd Po/;;~
Per each
LS
1
II IJ
$ t 6tJ~ - $ (/JtJlJ: -
11. Drinking Fountain ~. water laP',. I /1
@ %JJ Lf1!!V5aI1~_~
LS
(/ ~ /1/1
$.2,tJcJd. -- $ ~()tltI. -
/
Pet each
12.
EA
6
t?/)
$2~- $/3;8tJJ.
/ ,/
,#.11
--
13. 4" x 10' x 10' reinforced concrete picnic table pad
@ 0~ Avn,lr",)ylV
V~}t:lrJ ,', EA 6
Per each
TOTAL BASE BID (ITEMS 1-13)
,)" d~
$ &/tI:- $ 3 (,~tJ.-
/
5"d
$ //210/3. -
.
-Park Benches are excluded from this phase of the project"'-
The amounts set forth above are current estimates by Contractor of the amounts that will be determined during
the progress of the Work. The separated progress billings from Contractor to the Owner shall reflect the actual
amounts expended for the items enumerat~ in (2) and (3) above. '
~\q\o'\
SUBSTITUTIONS:
If necessary, attach detailed explanation to proposal.
1.
(Add) (Deduct) $
2,
(Add)(Deduc~ $
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 ninety U consecutive working days thereafter
BP-3
(l/('J 1/01 'O~I
Iwtj:L LOO~ '9 'lor
It is understood that the Owner reserves the_ right to reject any and all bids.
In the event of Award of the Contract to the undersigned, the undersigned agrees to furnish Performance and
Payment Bonds as provided in the Specifi~tions.
The undersigned certifies that the bid prioes contained in this proposal have been carefully checked and are
submitted as correct.
Date 7- ~-cJ7 Signed ~-~ s;orl4"'~ i-LC .
;;l~-~7
OW./1,oy
Address: /Wd H.pdl/l Ave. :J'/~ J/. ~S4;::/"PItjJ IX' 775"C/.1
7/.3-r7J-/ft/(1
By:
Title:
Phone:
Acknowledge receipt of Addenda Below: ~
Addendum No.
L
Date Received
7- 5- 07
BP-4
n In ' J I .I 0 I '0 ~I
l^JVP~:L LDOZ '9 'jn)'
BID PROPOSAL FOR UNIT PRICE CONTRACT
BID #07018
CLP Project No. GEN876
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 City of La
Porte Park to Pond Project 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 including 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 90 consecutive calendar days thereafter as stipulated in the specifications. Bidder
further agrees to pay as liquidated damages, the sum of $300.00 for each consecutive
calendar day thereafter as provided in Paragraph SC-6 of the Supplementary
Conditions of the Agreement.
BASE BID PROPOSAL
BASE PROPOSAL: Bidder agrees to perform all of the work shown on the plans
and further described in the specifications for the sum of
dollars ($ ). (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 informality 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
dollars ($ ) 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.
Respectfully submitted:
BY:
(Signature of Authorized Person)
(Print Name of Authorized Person)
(SEAL)
(Title)
(Business Address)
(City)
(State)
(Zip Code)
(Telephone Number)
(E-Mail Address)
STATEMENT OF MATERIALS AND OTHER CHARGES
MATERIALS INCORPORATED INTO THE PROJECT:
$
$
$
ALL OTHER CHARGES:
TOTAL:
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.
AGREEMENT
BID #07018 - POND TO PARK PROJECT, PHASE TWO
CLP Project No. GEN876
THIS AGREEMENT, made this "IJ, day of ~ ,2007, by and
between the CITY OF LA PORTE, ereina er called "Owne ,acting herein through Its
CITY MANAGER and tLt- ~ l-t c.....
(Name of Contracting Firm)
Strike out inapfljcable term~ratiOn) (a ~rtnershiP) or (a"";lJd~V~9
business as:) IV'\(U.~ ~~ I l,l( of 1UJoduu..., County 0 ,
and State of Texas, hereinafter called "Contractor".
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER, the CONTRACTOR
hereby agrees with the OWNER to commence and complete the construction described
as follows:
Bid # 07018 - Park to Pond Project, Phase Two
CLP Project No. GEN876
Hereinafter called th project, for t e Total Pricr of t>-1...L~1 ~
, Sf)
Dollars
($ \ \ 2 J 0 13 .So ) 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
$300 for each consecutive calendar day thereafter as hereinafter provided in Paragraph
SC-6 of the Supplementary Conditions.
IN WITNESS WHEREOF, the parties to these present have executed this
contract, each of which shall be deemed an original, in the year and day first above
mentioned.
By:
City of La Porte
Name of Owner
SEAL
Attest:
By: 01I(Udi dvrlid<<!
Martha Gillett
City Secretary
Title
By:
jf~_. /:'t. Wt.//o~:~ lL (~,
Na~)9'~tr~~g F. irm
~#-. ;f'a..--
Signature of Authorized Person
(-~)1 f V-
Title of Authorized Person
1'1111 1?-I~loo/1Alf(1 ?flAg II. ~~k~t"'-
Address and Zip CodeJ',< i'1S"C!-f
Approved as to Form:
SEAL
Witness
/
OWtr/~
City Attorney
PERFORMANCE BOND
BID #07018 - POND TO PARK PROJECT, PHASE TWO
CLP Project No. GEN87S
Bond No. 4357720
STATE OF TEXAS
COUNTY OF
Montgomery
KNOW ALL MEN BY THESE PRESENTS: That Mar-Con Services. LLC of the
City of Pasadena County of Harris , and State of Texas , as principal,
and SureTec Insurance Company authorized under the laws of the State of Texas to act as
-surety on bonds for principals, are held and firmly bound unto The City of La Porte
(Owner), ion the peRal sum of One Hundred Twelve Thousand Thirteen Dollars and 50/100 dollars
($ 112.013.50 ) 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~~red il1lo a certain written contract with the
Owner, dated the {,f11.dayof , 200~7to which contract is hereby referred to
and made apart hereof as fully and t the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if
the said Principal shall faithfully perform said Contract and shall in all respects duly and
faithfully observe and perform all and singular the covenants, conditions and
agreements in and by said contract agreed and covenanted by the Principal to be
observed and performed, and according to the true intent and meaning of said Qontract
and the Plans and Specifications hereto annexed, then this obligation shall be void;
otherwise to remain in full force and effect;
"PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions
of Vernon's Texas Codes Annotated. Texas Government Code, Chapter 2253, as
amended and all liabilities on this bond shall be determined in accordance with the
provisions of said Article to the same extent as if it were copied at length herein."
Surety, for value received, stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the Contract, or to the work performed
thereunder, or the plans, specifications, or drawings accompanying the same, shall in
any way affect its obligation on this bond, and it does hereby waive notice of any such
change, extension of time, alteration or addition to the terms of the contract, or to the
work to be performed thereunder.
IN WITNESS W/iEREOF, the said Principal and Surety have signed and sealed
this instrument this ~ day of ~' 2007.
Mar-Con Services LLC
SureTec Insurance Company
By:
.;II! ;iZ
c.;v,//}'Ir
By:
Principal
Title:
Title:
Address: 1410 Preston Avenue Suite H
Address: 952 Echo Lane, SuitE'! 4!)O
Pasadena. Texas 77503
Houston. Texas 77024
The name and address of the Resident Agent of Surety is:
Philip Baker c/o Technical Assurance. L.L.C.
29811 1-45. Suite 101. The Woodlands, Texas 773A1
PAYMENT BOND
BID #07018 - POND TO PARK PROJECT, PHASE TWO
CLP Project No. GEN876Errorl Bookmark not defined.
Bond No. 4357720
STATE OF TEXAS
COUNTY OF Montgomery
KNOW ALL MEN BY THESE PRESENTS: That Mar-Con Services, LLC of the
City of Pasadena County of Harris, and State of Texas , as principal,
and SureTec Insurance Cnmr;::my authorized under the laws of the State of Texas to act as
surety on bonds for principals, a~e held and firmly bound unto The City of La Porte
(Owner), in the penal sum of One Hundred Twelve Thousand Thirteen Dollars and ~O/10() dollars ($. 112,013.50
) 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, th~ Principal has entered int a certain written contract with the
Owner, dated the (p'l:> day of , 200filto which contract is hereby
referred to and made apart hereof as full~ and to the sarrfe extent as if copied at length
herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if
the said Principal shall pay all claimants supplying labor and material to him or a
subcontractor in the prosecution of the work provided for in said contract, then, this
obligation shall be void; otherwise to remain in full force and effect;
"PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions
of Vernon's Texas Codes Annotated. Texas Government Code. Chapter 2253, as
amended and all liabilities on this bond shall be determined in accordance with the
provisions of said Article to the same extent as if it were copied at length herein."
Surety, for value received, stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the Contract, or to the work performed
thereunder, or the plans, specifications, or drawings accompanying the same, shall in
such change extension of time, alteration or addition to the terms of the contract, or to
the work to be performed thereunder.
IN WITNESS )ll[I;jEREOF, the splPal and Surety have signed and sealed
this instrument this {,F.> day of 0..11 ,2007.
By:
:-4p! ----j7
//'~--:T-
/ /~ 1/ t1 ,./,.--
L-.A-- ,(
By:
Mar-Con Services. LLC
Principal
Title:
Title:
Address: 1410 Preston AVEmllp. Sllitp. H
Address: 952 Echo Lane Suite 450
Pasadena. Texas 77503
Houston. Texas 77024
The name and address of the Resident Agent of Surety is:
Philip Baker c/o Technical Assurance, L.L.C.
29811 1-45, Suite 101, The Woodlands. Texas 77381
POA#: 4221314
,-
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint
Edward Arens, Philip Baker, Michele Bonnin
of Th,Woodlands. Texas its true and lawful Attomey(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to
execute, aCknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to
include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed
Three Million and no/l 00 Dollars ($3,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confIrming all that the said Attomey(s)-in-Fact may do in the
premises. Said appointment shall continue in force until 12131/08 and is made under and by authority of the following
resolutions ofthe Board of Directors of the SureTec Insurance Company:
Be it Resolved. that the President, any Vice-President. any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint anyone or more suitable persons as Attorney(s)-in-Fact to represent and act for and on
behalf of the Company subject to the following provisions:
Attorney-in-Fact may be 'given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances; contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2dh of April,
/999.)
.-.. In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this 20th day of June, A.D. 2005.
~"...,,~~ CE COMPANY
~'E>~~.~~~$~
~~/~Y. ~.{~\ By:
I;:i I w \ -01 t
0:.\ .;, i~.
State of Texas ss: ~\....... J. ./.;/
County of Harris ',~:V
On this 20th day of June, A.D. 2005 before me personally came B.J. King, to me known, who, being by me duly sworn, did depose and say, that he
resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above
instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the
Board of Directors of said Company; and that he signed his name thereto by like order.
August 27,2008
/YV1r\(A;)WL ~
Michelle Denny, Notary P lie
My commission expires August 27, 2008
I, M. Brent Beaty, Assistant Secretary ofSURETEC INSURANCE COMPANY, do hereby certifY that the above and foregoing is a true and correct copy
of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set
out in the Power of Attorney are in full force and effect.
Given under my hand and the seal of said Company at Houston, Texas this ~~ day
",-
Any instrument issued in excess of the penalty stated above Is totally void and without any validity.
For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST.
SureTec Insurance Company
THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION
Statutory Complaint Notice
To obtain information or make a complaint: You may call the Surety's toll free telephone
number for information or to make a complaint at: 1-866-732-0099. You may also write to the
Surety at:
SureTec Insurance Company
9737 Great Hills Trail, Suite 320
Austin, Tx 78759
You may contact the Texas Department of Insurance to obtain information on companies,
coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of
Insurance at
PO Box 149104
Austin, TX 78714-9104
FaX#: 512-475-1771
PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or
about a claim, you should contact the Surety first. If the dispute is not resolved, you may
contact the Texas Department of Insurance.
----------------------------------------------------------------------------------------------------------------------------
Terrorism Risks Exclusion
The Bond to which this Rider is attached does not provide coverage for, and the surety shall
not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war.
------------------------------------------------------------------------------------------------------------------
Exclusion of Liability for
Mold, Mycotoxins, Fungi & Environmental Hazards
The Bond to which this Rider is attached does not provide coverage for, and the surety
thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines,
spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental
hazards, bio-hazards, hazardous materials, environmental spills, contamination, or cleanup,
nor the remediation thereof, nor the consequences to persons, property, or the performance
of the bonded obligations, of the occurrence, existence, or appearance thereof.
Texas Rider 010106
SUPPLEMENTARY CONDITIONS OF THE AGREEMENT
BID #07018 - POND TO PARK PROJECT, PHASE TWO
CLP Project No. GEN876
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: Permits and licenses of a temporary nature necessary for the prosecution of the work
shall be secured and paid for by the CONTRACTOR. Easement, right-of-way and instruments of a
permanent nature shall be secured and paid for by the OWNER. CONTRACTOR shall obtain all required
permits from the City of La Porte and any other affected agency.
SC-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 permit these
continued operations and so as not to interfere with the business of the OWNER. The CONTRACTOR
shall use the route of entry designated by the ENGINEER at the pre-construction meeting and restrict all
his vehicle and personnel to this route and to the site. The blocking or hindering of traffic will not be
permitted.
SC-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 harmony. 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 form 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 information available to the OWNER.
The OWNER does not guarantee the accuracy of this information. The CONTRACTOR shall make every
effort to locate all underground utilities by prospecting in advance of trench excavation. The cost of repair
of existing utilities damaged by the CONTRACTOR shall be borne by the CONTRACTOR, and shall be
scheduled so as to cause the least possible inconvenience to the public.
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 perform with his own organization and with
the assistance of workmen under his immediate supervision, work not less than fifty percent (50%) of the
value of all work embraced in the Contract exclusive of items not commonly found in contracts for similar
work or which requires highly specialized knowledge, craftsmanship and/or equipment not ordinarily
available in the organizations of the contractor's performing work of the character embraced in the
Contract. No portion of the work covered by these specifications and materials shall be sublet without
written permission from the OWNER. If the CONTRACTOR sublets any part of the work to be done under
this Contract, he will not under any circumstances be relieved of his responsibility and obligations. All
transactions of the OWNER will be with the CONTRACTOR. Subcontractors will be considered only in the
capacity of employees and/or workers and shall be subject to the same requirements as to character,
competency, wages and hours. The OWNER will not recognize any subcontractor on the work. The
CONTRACTOR shall at all times, when the work is in operation, be represented either in person or by a
qualified superintendent or other designated representative. A complete list of subcontractors must be
submitted within ten (10) days after start-up.
SC-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 facilitieswiH 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 ornamental
growth that interferes with the construction of the roadway, sewers, sidewalks or driveways shall be
relocated to a location satisfactory to the adjoining property owner outside of the street right-of-way.
Large trees not conducive to moving shall be removed and disposed.
SC-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 .bythe CONTRACTOR for work with this contract, with exception of the Worker's
Compensation policy, shall name the OWNER and the ENGINEER as an additional insured. The
coverage and amounts designated are minimum requirements and do not establish limits of the
contractor's liability. Additional coverage may be provided at the CONTRACTOR'S option and expense.
Insurance must include:
General Liability:
Commercial General Liability
General Aggregate
Personal Injury
Each Occurrence
$1,000,000.00
$1,000,000.00
$1,000,000.00
Automobile Liabilitv:
Combined Single Limit
$1,000,000.00
Excess Liabilitv:
Umbrella
Each Occurrence
Each Aggregate
$1,000,000.00
$1,000,000.00
Worker's Compensation:
A. Definitions:
Certificate of coverage ("certificate"). A copy of a certificate of insurance, a certificate of authority
to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83 or
TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's
employees providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the prQject until the
contractor's work on the project has been completed and accepted by the OWNER.
Persons providing services on the project - includes all persons or entities performing all or part of
the services the contractor has undertaken to perform on the project, regardless of whether that person
has employees. This includes, without limitation, independent contractors, su bcon-tractors , 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,
provid~ng, hauling, or delivering equipment or materials, or providing labor, transportation, or other
services related to the project. "Services" does not include activities unrelated to the project, such as
food/beverage vendors, office supply deliveries, and delivery of portable toilets.
B. The CONTRACTOR shall provide coverage, based on proper reporting of classification codes
and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of
Texas Labor Code, Section 401.011 (44) for all employees of the contractor providing services on the
project, for the duration of the project.
C. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being
awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage ends during
the duration of the project, the contractor must, prior to the end of the coverage period, file a new
certificate of coverage with the OWNER showing that coverage has been extended.
E. The CONTRACTOR shall obtain from each person providing services on the project, and
provide the OWNER:
(1) a certificate of coverage, prior to that person beginning work on the project, so the
OWNER will have on file certificates of coverage showing coverage for all persons providing services on
the project; and
(2) no later than seven (7) days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project.
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, including specifically the rules to underwriting limitation;
c. The surety company must be authorized to issue payment and performance bonds in the amount
required for the Contract, which authorization must be recorded in the files of the Texas State Board of
Insurance;
d. The person executing the Payment and Performance Bonds must be a licensed Texas local
recording agent and such licensing must be recorded in the files of the Texas State Board of Insurance;
and
e. The person executing the Payment and Performance Bonds must be authorized by the surety
company to execute performance and payment bonds on behalf of the company in the amount required
for the Contract and such authorization must be recorded in the files of the State Board of Insurance.
f. Failure to meet the criteria for acceptability of Surety Company issuing Payment and
Performance Bonds will result in the disqualification of the bid.
g. The Payment and Performance Bonds shall remain in effect at least one year beyond final
acceptance of work under the Contract by the Owner.
SC-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 include the value of all sound materials delivered on the site of the work
that are to be fabricated into the work.
For total Contract prices (Base Bid) greater than $400,000.00, the OWNER shall then pay the
CONTRACTOR on or before the fifteenth (15th) day 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 there
under.
SC-30 DISPUTE RESOLUTION. METHODS AND PROCEDURES: ENGINEER will be the initial
interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work
there under. Claims, disputes and other matters relating to the acceptability of the Work or the
interpretation of the requirements of the Contract Documents pertaining to the performance and
furnishing of the Work in respect of changes in the Contract Price or Contract Times will be referred
initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph.
Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGINEER
and the other party to the Agreement promptly (but in no event later than 30 days) after the start of the
occurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and
the other party within 45 days after the start of such occurrence or event unless ENGINEER allows an
additional period of time for the submission of additional or more accurate data in support of such claim,
dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant
within 30 days after receipt of the claimant's last submittal (unless ENGINEER allows additional time).
ENGINEER will render a formal decision in writing within 30 days after receipt of the opposing party's
submittal, if any, in accordance with this paragraph. The Engineer's rendering of a formal decision shall
be a condition precedent to further dispute resolution actions.
Mediation:
Any Claim arising out of or related to the Contract may, by mutual agreement between the parties, and
after initial decision by the ENGINEER, be subject to mediation.
By mutual agreement, the parties may endeavor to resolve their Claims by mediation which, unless the
parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules
of the American 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.
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 including 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 include 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 cleared 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.
DO Burning of cleared and grubbed material on the Owner's property is permitted provided the
Contractor complies with all state, federal, and local laws including but not limited to distance
requirements from nearby structures. Ashes shall be the property of the Contractor to be hauled
off and disposed of in a legal manner.
00102-1
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-of-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 of the property owner for such operation. The Contractor shall provide sufficient
evidence to the City of La Porte that such permission has been obtained.
102.5 Schedule of Clearing. The Contractor shall schedule his clearing operations so that
clearing has been completed for a distance of 2,000 f~et 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 paid for at the unit price bid per
acre, or 100-foot station, as designated in the proposal and shall be full compensation for
furnishing all labor, materials, permits, supervision, knowledge, equipment and supplies required
to complete all items of work specified herein.
00102-2
TECHNICAL SPECrFICA TIONS
ITEM 00104
REMOVING OLD CONCRETE
104.1 Description. "Removing Old Concrete" shall consisf of breaking up and satisfactorily
disposing of concrete pavement, driveways, sidewalks, combined curb and gutter, or curb and all
concrete structures.
104.2 Construction Methods. Exisfing concrete to be disposed of, consisting of pavement,
driveways, sidewalks, combined curb and gutter or curb, shall be broken up into pieces by air-
driven machinery or other suitable means. The use of explosives for breaking up old concrete will
not be permitted, unless authorized by the Engineer, and when so authorized, adequate
precautions shall be given to prevent damage to adjacent property. Reinforcing steel shall be cut
as necessary for satisfactory disposal.
Where only a portion of the exisfing concrete is to be removed, special care shall be exercised to
avoid damage to that portion of the concrete to remain in-place. The existing concrete shall be
cut to the neat lines shown on the plans or established by the Engineer and any existing concrete
beyond the neat lines so esfablished which is damaged or destroyed by these operations sharr be
replaced at the Contractor's entire expense. Sawcutting will be required and shall be incidental to
the removal of old concrete.
Where indicated on the plans, old concrete which is removed shall be loaded, hauled and
disposed of by the Contractor at locations to be obtained by him.
Work. performed under this item shall be inaugurated at such time and prosecuted in such a
manner as to cause a minimum of inconvenience to traffic or owners of adjacent property.
104.3 Measurement. Existing concrete pavements with or without curbs, driveways, sidewalks,
median strips, and riprap, removed as prescribed above, will be measured by the square yard in
its original position, regardless of its thickness or the depth of covering.
Existing combined concrete curb and gutter and concrete curb, not on concrete pavement,
removed as prescribed above will be measured by the linear foot in its original position,
regardless of the dimensions of same. Monolithic concrete and/or doweled concrete curb will be
considered as part of the concrete pavement and win not be measured separately.
Removal of concrete structures shall be by the lump sum.
104.4 Payment. The work performed as prescribed by this item, measured as provided under
"Measurement" will be paid for at the unit price bid for "Removing Old Concrete" (of the type
specified), which price shall be full compensation for breaking up the concrete, cutting reinforcing
steel when required, loading, hauling and disposing of the material and for all labor, tools,
equipment, manipulations and incidentals necessary to complete the work..
END OF SECTION
00104-1
TECHNICAL SPECIFICATIONS
ITEM 00111
BANK SAND FOR SIDEWALKS
1. DESCRIPTION
1.1 The worK covered by this section consists of furnishing all plant equipment, labor, materials,
and perfonnance of aD operations for placement of sand used as a cushion for sidewalks,
driveways and wheelchair ramps, as well as extra sand ordered by the Engineer.
2. MATERIALS
2.1 Sand: The sand shall be a river sand free from roots and other objectionable matter.
3. CONSTRUCTION METHODS
3.1 Sand shall be placed, as directed by the Owner, in not more than four (4) inch layers, loose
measured and compaded with mechanical tamps or other approved equipment.
4. MEASUREMENT
4.1 Sand ordered by the Engineer will be measured by the cubic yard based on derrvery haul
tickets which shall be provided to the Owner's representative on the day of the delivery. The sand
tickets shall be subject. to inspection and verification by detennining the load capacity of the delivery
vehicle(s). Sand used as a cushion for sidewalks, driveways and wheelchair ramps is considered
incidental to the work, and will not be measured separately.
5. PAYMENT
5.1 Sand ordered by the Engineer will be paid by the unit price bid per cubic yard. Sand used
as a cushion for sidewalks, driveways and wheelchair ramps is considered incidental to the worK,
and payment is included in the unit cost for each of these items.
END OF SECTION
00111-1
TECHNICAL SPECIFICATION
ITEM 00112
GENERAL SODDING
PART 1 -GENERAL
1.01 Description
A. Scope: Furnish plants, materials, labor, equipment and appliances, and perform all
operations in connection with the planting of sod within the areas designated on the
PLANS for the purpose of surface stabilization, channel stabilization and/or vegetation
buffer strips or in locations directed by the Engineer or his representative.
B. Related work as called for on PLANS as specified elsewhere in this Dr other
TECHNICAL SPECIFICATIONS.
1.02 Quafity Assurance
The following documents, used as standards, are to be considered a part of these
specifications.
1. American Joint Committee on Horticultural Nomenclature, "standardized Plant
Names," Second Edition, 1942.
2. American Association of Nurserymen, Inc. "American Standard for Nursery
Stock:
PART 2 - PRODUCTS
2.01 Materials
A. Sod: Certified grade cultivated San Augustine or Bermuda grass sod; with strong,
fibrous root system; free from stones and burned or bare spots.
B. Topsoil: Fertile, agricultural soil typical of locality and capable of sustaining vigorous
plant growth; from welT drained site that is free of flooding; free from admixture of subsoil,
slag or clay, stones, lumps, live plants and their roots, sticks and other extraneous
matter, pH value of minimum 5.4 and maximum 7.0. Use topsoil excavated from site only
if conforming to specified requirements.
C. Fertilizer: Commercial type conforming to FS O-F-241, Type 1, Grade A recommended
for grass, with fifty percent of the elements derived from organiC sources; of proportion
necessary to eliminate any deficiencies of topsoil as indicated in analysis.
D. Wooden Pegs: Of sufficient size and length to ensure satisfactory anchorage of sod on
slope in excess of 2:1.
E. Roll Lite Erosion Control Mulching Fabric as manufactured by Gulf States Paper
Corporation or equal.
F. Water: Clean, fresh, and free of substances or matter which would inhibit vigorous
growth of grass.
PART 3 - EXECUTION
3.01 General
A. Provide erosion and sedimentation control systems at the locations shown on PLANS
or in locations directed by the Engineer or his designated representative. Such systems
shall be of the type indicated and shall be constructed in accordance with the
requirements shOwn on PLANS and set out in this Item.
00112-1
B. Inspect and repair or replace components of all erosion and sedimentation control
systems as specified for each type of system. Unless otherwise directed, maintain the
erosion and sedimentation control systems until the project is accepted by the Owner.
C. Remove and dispose of sediment deposits at the project spoil site. If a project spoil
site is not designated on PLANS, dispose of sediment offsite at location not in or adjacent
to stream or floodplain. Sediment to be placed at the project site should be spread,
compacted and stabilized in accordance with the Owner's directions. Sediment shall not
be allowed to flush into stream or drainage way.
D. Equipment and vehicles shall be prohibited by the Contractor from maneuvering on
areas outside of dedicated rights-of-way and easements for construction. Damages
caused by construction traffic to erosion and sedimentation control systems shall be
repaired immediately.
E. Contractor shall employ protective measures described in Item General Source
Controls to avoid damage to existing trees to be retained on the project site. Conduct all
construction operations under this Contract in conformance with the erosion control
practices described in that Item.
3.02 Preparation of Subgrade
A. Fine -grade subgrade, eliminating uneven areas and low spots. Maintain fines, levels,
profiles, and contours. Make changes in grade gradual. Blend slopes into level areas.
B. Remove foreign materials, undesirable plants and their roots, stones, and debris. Do
not bury foreign material beneath areas to be sodded. Remove and replace subsoil which
has been contaminated with petroleum products.
C. Cultivate subsoil to a depth of 3 inches where topsoil is to be placed. Repeat
cultivation in areas where equipment, used for hauling and spreading topsoil, has
compac:l:ed subsoil.
3.03 Placing Topsoil
A. Spread topsoil to a depth of minimum 2 inches over entire area to be sodded.
B. Place topsoil during dry weather and on dry unfrozen subgrade.
C. Grade to eliminate rough and low areas, ensuring positive drainage. Maintain levels,
profiles, and contours of subgrade.
D. Remove stones, roots, grass, weeds, debris, and other foreign nonorganic material
while spreading.
3.04 Fertilizing
A. Apply fertilizer at rate recommended by manufacturer. Apply after fine grading and
prior to compaction. M'IX thoroughly into upper 2 inches of topsoil.
B. Ughtly water to aid the breakdown of fertilizer.
C. Apply fertilizer within 48 hours before laying sod.
3.05 Laying Sod
~.,--
A. Lay sod as soon as possible after delivery to prevent deterioration.
S. Full Sodding: Lay sod closely knit together with no open joints visible, and pieces not
overlapped. Stagger sod units to avoid continuous seams. Lay smooth and flush with
adjoining grass areas, paving, and top surfaces of curbs.
C. Strip Sodding: Lay sod in the following patters: 3-inch continuous sod strip, 12-inch
topsoil, 3-inch continuous sod strip. See dirt areas between sod strips.
D. On slopes 2:1 and steeper, lay sod perpendicular to slope and secure every row with
wooden pegs at maximum 2 feet on center. Drive pegs flush with soil portion of sod.
E. Prior to placing sod, on slopes 3:1 or flatter or where indicated, place HoldlGro or
RoIlILite or equal over topsoil. Securely anchor in place with posts sunk firmly into the
00112-2
ground at maximum 10 feet on center along pitch of slope and equal to width of wire
mesh horizontally across slopes.
F. Immediately water sodded areas after installation. Water in sufficient amounts to
saturate sod and upper 4 inches of soil.
G. After sod and soil has dried sufficiently to prevent damage, roll sodded areas to
ensure good bond between sod and soil and to remove minor depressions and
irregularities. Ensure rolling equipment weight not over 250 pounds or less than 150
pounds.
3.06 Maintenance
A. Begin maintenance of plant materials immediately after planting and continue
maintenance untir issuance of Certificate of Acceptance of project.
B. Maintenance to include measures necessary to establish and maintarn -plants in a
vigorous and healthy growing condition, including the following.
1. When herbicides are used for weed control, apply in accordance with
manufacturer's instructions. Remedy damage resulting from use of herbicides.
2. Watering sufficient to saturate root system.
3. Disease and insect control.
3.07 Measurement and Payment
Measure by the square yard of area sodded. Payment for work under this Item will be
made at contract price for "Full Sodding," or "Strip Sodding", as indicated on
PROPOSAL, which price to be full compensation for all fertilizer, sod, equipment,
materials, and labor necessary for fertilizing and sodding.
END OF DOCUMENT
00112-3
TeCHNICAL SPECIRCATIONS
ITEM 00402
BANK SAND BACKFILL
402.1 Description. This item shall consist of the furnishing, placing, manipulation, compacting and
completing in-place, Bank Sand as a bedcfmg and bacKfiIf material for water and sewer lines, as
construction fill for certain excavation areas, as construction fill for ruts, holes and other similar
conditions; as a fill material for project clean-up and as directed by the Engineer. Bank sand shall
be in accordance with these specifications and in conformity with the ~nes, grades and cross-
sections shown on the plans and as directed by the Engineer.
402.2 Materials. Bank sand is to be free of organic matter, foreign material, clay balls, sticKs,
foreign objects and other objecl:ionable~material.
Bank sand shall have a plasticity index less than 3 and shan meet the fell owing gradation:
100 percent passing a 3/8-inch sieve,
5 to 30 percent passing a No. 200- sieve.
Prior to use, Contractor shall identify the source of the proposed bank sand for testing.
402.3 Construction. After the water line, sewer line or other similar construction item, such as a
trench, has been excavated and brought to grade, bank sand shall be fumished, placed,
compacted complete in-place, either as bedding or backfill material, as shown on the plan,
described in these specifications or as directed by the Engineer. After the trench or excavation
has been brought to grade, the bank sand shall be placed and compacted as a bedding material,
the construction item shall be placed and joined property around and over that construction item
as required and as shown on the plans, described in the specifications or directed by the
Engineer.
Bank sand shalf be placed in layers not exceeding 8-inches. It shalf be compacted with
mechanical vibratory tamps to maximum dry density in accordance with ASTM Method 0698 at a
moisture content ranging from optimum to three percentage points above optimum. Water
trooding will not be permitted.
402.4 Testing. The Testing Laboratory's representaUve will determine the moisture density
relationship for each material proposed for use as backfill, in accordance with ASTM Method
0698. In place density will be determined in accordance with ASTM Methods 02922 or 01556,
and with each type of construction.
For walls and trenches, determine the in place density for each 200 feet of wall or trench, for each
lift of fill placed.
402.5 Measurement. No separate payment shall be made for work. performed under this Item,
except as indicated below. Include the cost of same in the price bid per linear foot of pipe, or wall,
for which this work is a component.
402.6 Payment. "Extra Bank Sand Backfilr', where required, will be measured by the cross-
sectional method in its compacted position and paid for at the contract unit price bid per cubic:
yard. Payment under this bid item is limited to such additional bank sand backfill not shown on
the plans that may be required.
END OF SECTION
00402-1
TECHNICAL SPECIFICATIONS
ITEM 00205
SUBGRADE
205.1 Description. When the road is to be surfaced or paved and after the earthwork has been
substantially completed and after all storm sewer and drains have been laid, the subgrade shall
be brought to the lines, grades and typical cross section shown on the plans and in accordance
with these specifications.
205.2 Construction Methods. Whenever unsuitable natural material is encountered and cannot be
handled by the excavation or embankment requirements, then the following requirements shall
apply. The unsuitable material shall be excavated to a depth deemed sufficient by the Engineer
and the excavated material shall be disposed of off the jobsite at the expense of the Contractor.
The excavated area shall be filled to its original level with suitable material meeting the
requirements of borrow. This imported material shall be compacted to 95-percent of standard
proctor density, (ASTM Method 0698) using a moisture content ranging from optimum to plus 3-
percent above optimum. Soils shall not be compacted at less than the optimum moisture content.
After all holes and depressions are filled with approved material, the subgrade shall be brought
up to the lines and grades required and if it is not to be stabilized, it shall be compacted to 95-
percent of standard proctor density, (ASTM Method 0698), using a moisture content ranging from
optimum to plus 3-percent above optimum. The subgrade, without stabilization, shall be
compacted to a depth of 9-inches.
After the roadbed has been prepared it shall be allowed to stand, or "cure", under traffic until, in
the opinion of the Engineer, it is in a satisfactory condition to receive a surface course. During this
curing period, the roadbed shall be maintained by the Contractor, unless otherwise agreed.
The subgrade shall be kept free from all ruts and weak spots. Any ruts and weak spots that
develop under traffic shall be repaired with suitable material as they develop.
205.3 Special Subgrade Finish for Concrete Pavement, Constructed by Slip Form Paving
Operation. After the subgrade has been prepared, as specified, and has been compacted as
specified and immediately before the base or surfacing material is to be placed on the subgrade,
it shall be tested as to crown and elevation by the use of a template, or other approved methods,
furnished by the Contractor. In the lower edge of the template, there shall be inserted bolts, six-
inches apart and to such depth that the heads will just come to the true elevation of the subgrade,
when the template is riding on the forms longitudinally. Testing the elevation of the subgrade
shall be done by moving the template back and forth on the forms. If the subgrade, when tested,
is found to be as much as one fourth of an inch high, additional excavation shall be made until the
required depth is obtained and the excavated material shall be deposited on the shoulders.
Unless otherwise provided in the specifications, those areas below the true elevation shall be
filled with concrete, making it an integral part of the slab. All expenses for this extra concrete
material shall be borne by the Contractor. Before placing the concrete, the subgrade shall be
cleaned of all loose material and thoroughly sprinkled.
205.4 Quality Assurance. The TestinQ Laboratory's representative will determine the Moisture-
Density Relationship in accordance with ASTM Method 0698, on material secured from the
roadway or borrow source, for each type of material encountered or used.
The Testing Laboratory's reoresentative will determine the in-place density in accordance with
ASTM Method 02922 or ASTM 01556. The minimum level of testing will consist of at least three
tests for each 1,000 feet per lane of roadway or 4,000 square feet (500 square yards of
embankment).
00205-1
205.5 Measurement and Payment. The work prescribed under this item, shall not be paid for
directly, but shall be considered as subsidiary work to the items in these bid documents and
specfications. The cost for work performed under this section should be included in the unit price
cost of related bid items.
00205-2
TECHNICAL SPECIFICATIONS
ITEM 00402
BANK SAND BACKFILL
402.1 Description. This item shall consist of the furnishing, placing, manipulation, compacting and
completing in~place, Bank Sand as a bedding and backfilf material for water and sewer lines, as
construction fill for certain excavation areas, as construction fill for ruts, holes and other similar
conditions; as a fill material for project clean-up and as directed by the Engineer. Bank sand shall
be in accordance with these specifications and in conformity with the lines, grades and cross-
sections shown on the plans and as directed by the Engineer.
40"2.2 Materials. Bank sand is to be free of organic matter, foreign material, clay baUs, sticks,
foreign objects and other objectionable-material.
Bank sand shall have a plasticity index less than 3 and shan meet the fGllowing gradation:
100 percent passing a 3/8~inch sieve,
S to 30 percent passing a No. 20-0 sieve.
Prior to use, Contractor shall identify the source of the proposed bank sand for testing.
402.3 Construction. After the water line, sewer line or other similar construction item, such as a
trench, has been excavated and brought to grade, bank sand shall be furnished, placed,
compacted complete in-place, either as bedding or backfill material, as shown on the plan,
described in these specifications or as directed by the Engineer. After ffle trench or excavation
has been brought to grade, the bank sand shall be placed and compacted as a bedding material,
the construction item shall be placed and joined property around and over that construction item
as required and as shown on the plans, described in the specifications or directed by the
Engineer.
Bank sand shall be placed in layers not exceeding S-inches. It shalf be compacted with
mechanical vibratory tamps to maximum dry density in accordance with ASTM Method 0698 at a
moisture content ranging from optimum to three percentage points above optimum. Water
troading win not be permitted.
402.4 Testing. The Testing Laboratory's representaUve will determine the moisture density
relationship for each material proposed for use as backfilf, in accordance with ASTM Method
0698. In place density will be determined in accordance with ASTM Methods 02922 or 01556,
and with each type af construction.
For walls and trenches, determine the in place density for each 200 feet of wan or trench, for each
lift of fill placed.
402.5 Measurement. No separate payment shall be made for work. performed under this Item,
except as indicated below. Include the cost of same in the price bid per linear foot of pipe, or wall,
for which this work is a component.
402.6 Payment. "Extra Bank Sand Backfilr, where required, will be measured by the cross-
sectional method in its compacted position and paid for at the contract unit price bid per cubic
yard. Payment under this bid item is limited to such additional bank sand backfill not shown on
the plans that may be required.
END OF SECTION
00402-1
TECHNICAL SPECIFICATION
ITEM 00220
LIME STABILIZED SUBGRADE
220.1 Description. This item shall consist of treating the subgrade, by the pulverizing, addition of
lime, mixing and compacting the mixed material to the required depth and density, and in the
amounts shown on the plans.
This item applies to natural ground, embankment, base or sub-base and shall be constructed to
the sections, lines and grades shown on the plans. The subgrade shall be stabilized with lime for
at least 6-inches depth, in the amount recommended by a materials engineering laboratory. The
P.I. shall be determined by ASTM Method 04318.
220.2 Materials. Lime for stabilization shall be classified as:
Type A- Hydrated Lime; conforming to the requirements of the Item, Hydrated Lime and Lime
Slurry.
Type B- Commercial Lime Slurry; conforming to the requirements of the Item, Hydrated Lime and
Lime Slurry.
220.3 Equipment. The machinery, tools and equipment necessary for proper prosecution of the
work shall be on the project and approved by the Engineer prior to the beginning of construction
operations.
All machinery, tools and equipment used shall be maintained in a satisfactory and workmanlike
manner.
Hydrated lime shall be stored and handled in closed weatherproof containers until immediately
before distribution on the road. If storage bins are used, they shall be completely enclosed.
Hydrated lime in bags shall be stored in weather proof buildings with adequate protection from
groufld dampness.
If lime is furnished in trucks, each truck shall have a weigh ticket from a certified scale. If lime is
furnished in bags, each bag shall bear the manufacturer's certified weight. Bags varying more
than 5 percent from that weight may be rejected and the average weight of bags in any
shipment, as shown by weighing 50 bags at random, shall not be less than the manufacturer's
certified weight.
220.4 Construction Methods. It is the primary requirement of this specification to secure a
completed course of treated material containing a uniform lime soil mixture free from loose or
segregated areas, of uniform density and moisture content, well bound for its full depth and
with a smooth surface suitable for placing subsequent courses. It shall be the responsibility of the
Contractor to regulate the sequence of his work, to use the proper amount of lime, maintain the
work and rework the courses as necessary to meet the above requirements.
The roadbed shall be constructed and shaped to conform to the typical sections, lines and grades
as shown on the plans or as established by the Engineer. The subgrade shall be firm and able to
support, without displacement, the construction equipment at the density herein specified. Any
wet or unstable materials below the secondary grade shall be corrected, as directed by the
Engineer, by scarifying, adding lime, and compacting, or other methods until satisfactory stability
is obtained. The cost of the repair of the secondary subgrade and any materials below the
secondary subgrade is incidental to this item.
00220-1
The Contractor shall be required to roll the subgrade, as directed by the Engineer, before using
the pulverizing machine and correct any soft areas that this rolling may reveal. This method will
be permitted only where a machine is provided which will insure that the material is cut
uniformly to the proper depth and which has cutters that will plane the secondary grade to a
smooth surface over the entire width of the cut. The machine shall be of such design that a visible
indication is given at all times that the machine is cutting to the proper depth.
Lime shall be spread only on that area where the first mixing operations can be completed during
the same working day.
The application and mixing of lime with the material shall be accomplished by the methods
hereinafter described as "Dry Placing" or "Slurry Placing". When Type A, Hydrated Lime, is
specified, the Contractor may use either method, unless otherwise noted on the plans.
When dry placing, the lime shall be spread by an approved spreader or by bag distribution at the
rates shown on the Bid Sheet, or as directed by the Engineer.
The lime shall be distributed at a uniform rate and in such a manner as to reduce the scattering of
lime by wind to a minimum. Lime shall not be applied when wind conditions, in the opinion of the
Engineer, are such that blowing lime becomes objectionable to traffic or adjacent property
owners. A motor grader shall not be used to spread the lime. The material shall be sprinkled as
directed by the Engineer, until the proper motsture content has been secured.
Where Type A, hydrated lime is specified and slurry placement is used, the Type A hydrate shall
be mixed with water to form a slurry of the solids content designated by the Engineer. A minimum
of two mixing passes will be required.
Where Type B, commercial lime slurry is to be used, it shall be of the minimum solids and purity
for the applicable grade being used. The distribution of lime shall be at the rates shown on the
proposal form, or as directed by the Engineer. Proper application shall be attained by
successive passes over a measured section of the roadway, until the proper moisture and lime
content has been secured. The distributor truck shall be equipped with an agitator which will keep
the lime and water in a uniform mixture.
The material and lime shall be thoroughly mixed by approved road mixers or other approved
equipment, and the mixing continued until, in the opinion of the Engineer, a homogenous friable
mixture of material and lime is obtained, such that when all non-slaking aggregates retained
on the 3/4-inch sieve are removed, the remainder of the material shall meet the following
requirements when tested in accordance with ASTM Method C136, from samples procured from
the roadway.
Minimum Passin 1 3/4" sieve
Minimum Passin 3/4" sieve
TABLE I
1 00 Percent
85 Percent
If gradation is achieved on the first mixing, no additional mixing is required.
The soil lime mixture shall be sprinkled during the mixing operation as directed by the Engineer to
provide optimum moisture in the mixing. The subgrade shall be stabilized to a minimum depth of
6-inches and compacted to a minimum of 95-percent of standard proctor density (ASTM 0698) at
a moisture content of optimum to 3-percent above optimum.
During the interval of time between application and mixing, hydrated lime that has been exposed
to the open air for a period of 6-hours, or more, or has had excessive loss due to washing or
blowing will not be accepted for payment.
00220-2
Compaction of the mixture shall begin immediately after final mixing unless approval has been
obtained from the Engineer not to do so. The material shall be aerated and/or sprinkled as
necessary, to provide the optimum moisture content. Compaction shall begin at the bottom and
shall continue until the entire depth of mixture is uniformly compacted.
The material and lime shall be thoroughly mixed by approved road mixers or other approved
equipment and the mixing continued until, in the opinion of the Engineer, a homogenous, friable
mixture of material and lime is obtained, free from all clods or lumps. Materials containing
plastic clays or other materials which will not readily mix with lime shall be mixed as thoroughly as
possible at the time of lime application, brought up to the proper moisture content and left to cure
48 to 96, hours as directed by the Engineer. During the curing period the material shall be kept
moist as directed.
If a second mixing is required, the material shall be given a final mixing, using approved methods.
If the soil binder-lime mixture contains clods, they shall be reduced in size by raking, blading,
discing, harrowing, scarifying, or the use of other approved pulverization methods, so that
all non-slaking material retained on the 3/4-inch sieve is removed and the remainder of the
material shall meet the gradation requirements outlined by Table I. After the second mixing has
been completed, the material shall be allowed to cure for a minimum of 3 days, unless
otherwise directed by the Engineer.
The material shall be sprinkled and rolled, as directed by the Engineer. All irregularities,
depressions or weak spots which develop shall be corrected immediately by scarifying the areas
affected, adding or removing material as required and reshaping and re-compacting by sprinkling
and rolling. The surface of the course shall be maintained and cured for a minimum of 3 days,
prior to placing a base or surface course or until traffic is allowed to travel thereon.
In addition to the requirements specified for density, the full depth of the material shown on the
plans shall be compacted to the extent necessary to remain firm and stable under construction
equipment. After each section is completed, tests as necessary will be made by the Engineer. If
the material fails to meet the density requirements, it shall be reworked as necessary to meet
these requirements. Throughout this entire operation, the shape of the course shall be maintained
by blading and the surface upon completion shall be smooth and in conformity with the typical
section shown on the plans and to the established lines and grades. Should the material, due to
any reason or cause, lose the required stability, density and finish before the next course is
placed or the work is accepted, it shall be reprocessed and refinished at the expense of the
Contractor.
220.5 Finishing. After the final course of the lime treated subgrade has been compacted, it shall
be brought to the required lines and grades in accordance with the typical sections. The
completed section shall then be finished by rolling as directed with a pneumatic tire or other
suitable roller sufficiently light to prevent hair cracking. The completed section shall be moist or
emulsion cured until covered by base material, unless otherwise directed by the Engineer. If the
plans provide for the treated material to be sealed or covered by other courses of material, such
seal or course shall be applied within 14 days after final mixing and compaction is completed,
unless otherwise directed by the Engineer.
220.6 Quality Assurance. The Testing Laboratory's representative will determine the Moisture-
Density Relationships in accordance with ASTM Method 0698 on material secured from the
roadway after stabilization with lime, for each type of material encountered.
The Testing Laboratory's representative will determine the in-place density in accordance with
ASTM Method 02922 or 01556. The minimum level of testing will consist of at least three tests
for each 1,000 feet per lane of roadway or 4,000 square feet (500 square yards)
of embankment.
00220-3
220.7 Measurement. Manipulation of lime during the stabilization of the subgrade shall be
measured by the square yard of subgrade actually stabilized.
Lime shall be measured as follows:
A. Type A - Hydrated lime shall be measured by the ton of 2,000 pounds, dry weight.
B. Type B - Commercial lime slurry shall be measured by the ton of 2,000 pounds of lime
"dry solids", in the slurry. The quantity of lime shall be calculated from the minimum
percentage of solids for:
Grade 2: At least 35 percent by weight of slurry and calculate the quantity of lime by the
ton of 2,000 pounds, based on 35 percent lime content.
220.8 Payment. Payment for manipulation of "Lime Stabilized Subgrade" shall be made at the
contract unit price per square yard of compacted subgrade for the depth specified.
The unit price bid shalt be full compensation for loosening, mixing, pulverizing, spreading, drying,
application of lime, water content of the slurry, compaction, shaping and maintaining for all
manipulations required, for all hauling and freight involved, for all tools, equipment, labor and all
incidentals necessary to complete the work.
Payment for "Lime" shall be made at the contract unit price per ton of lime used for stabilizing the
subgrade. See Item 221.
00220-4
TECHNICAL SPECIFICATION
ITEM 00360
CONCRETE PAVEMENT
360.1 Description. This item shall consist of a pavement of Portland cement concrete, with
reinforcement, as shown on the plans, with or without monolithic curbs, constructed as herein
specified on the prepared subgrade or other base course in conformity with the thickness and
typical cross sections shown on the drawings, and to the lines and grades established by the
Engineer.
360.2 Materials. The cement shall be either Type I or Type III of a standard brand of Portland
cement which shall conform to ASTM Designation C150. Type III cement shall be used when high
early concrete is required. If the use of high early strength cement is not specified, and the
Contractor desires to use it, he shall obtain written permission of the Engineer and shall assume
all additional costs incurred by the use of such cement.
Flyash may be used with the cement. Cement plus f1yash shall be composed of Portland cement,
of the type specified herein, and a maximum of 28 percent flyash by absolute volume. It is
recommended that the percent of flyash by absolute volume be reduced to a maximum of 20
percent during cold weather concreting (average ambient temperature, over a 24 hour period
after placement, less than 500F). Flyash shall be Class C conforming to the requirements of
ASTM C618, "Specification for Flyash and Raw or Calcined Natural Pozzolan for use as a
Mineral Admixture in Portland Cement Concrete". Flyash shall have a minimum CaO Content of
20 percent.
Unless otherwise designated on the drawings, or herein, all bar reinforcement shall be deformed
and shall conform to ASTM Designation A615, Grade 40, open hearth, basic oxygen or electric
furnace new billet steel. Grade 60 may be used, provided it is furnished to the City of La Porte at
the same price as Grade 40.
The use of prefabricated deformed steel bar mats, conforming to ASTM A 184, is not permitted.
With prior approval of the Engineer, admixtures meeting the requirements of ASTM Designation
C494, titled "Chemical Admixtures for Concrete" and ASTM Designation C1017 titled "Chemical
Admixtures for use in Producing Flowing Concrete", may be used.
Aggregates shall conform to ASTM C33, "Specifications for Concrete Aggregates". Coarse
aggregate shall consist of durable particles of gravel, crushed stone, or combinations thereof, free
from frozen material or injurious amounts of salt, alkali, vegetable matter, or other objectionable
material either free or as an adherent coating, and its quality shall be reasonably uniform
throughout. It shall contain not more than 0.25 percent by weight of clay lumps, not more than 1.0
percent by weight of laminated and/or friable particles. It shall have a wear of not more than 35
percent when tested in accordance with ASTM method C131, the "Los Angeles Abrasion Test."
When tested by ASTM method C136 and ASTM C117, it shall meet the following grading
requirements:
00360-1
TABLE I
COARSE AGGREGATE GRADATION
% Retained by Wt.
Retained on 1-3/4" sieve 0%
Retained on 1-1/2" sieve 0% to 5%
Retained on 3/4" sieve 30% to 65%
Retained on 3/8" sieve 70% to 90%
Retained on NO.4 sieve 95% to 100%
The loss by decantation shall be a maximum of one percent.
Fine aggregate shall consist of clean, hard, durable and uncoated particles of natural or
manufactured sand or a combination thereof, with or without a mineral filler. It shall be free from
frozen material, or injurious amounts of salt, alkali, vegetable matter or other objectionable
material and it shall contain not more than 0.5 percent, by weight, of clay lumps. When subjected
to the color test for organic impurities (ASTM method C40), the fine aggregate shall not show a
color darker than the standard.
Unless otherwise specified, fine aggregate shall meet the following grading requirements:
TABLE II
FINE AGGREGATE GRADATION
Retained on 3/8" sieve 0%
Retained on NO.4 sieve 0% to 5%
Retained on NO.8 sieve 0% to 20%
Retained on No. 16 sieve 15% to 50%
Retained on No. 30 sieve 35% to 75%
Retained on No. 50 sieve 65% to 90%
Retained on No. 100 sieve 90% to 100%
Retained on No. 200 sieve 97% to 100%
Fine aggregate shall be subjected to the Sand Equivalent Test. The sand equivalent shall be not
less than 80.
Mineral filler shall consist of stone dust, clean crushed sand or other approved inert material.
Mixing water for concrete shall conform to the requirements for water specified in ASTM C94,
"Specification for Ready Mixed Concrete".
Boards for expansion joint filler shall be 3/4-inch finished thickness Class A redwood. Joint
sealant shall meet the requirements of ASTM 03405, titled "Standard Specifications for Joint
Sealants, Hot Poured, for Concrete and Asphalt Pavement". Joint sealant for expansion joint shall
be installed X" below the top of pavement elevation.
Load transmission devices for expansion joints shall be of 3/4-inch finished thickness class A
redwood, an approved metal brace or device and 18-inch long steel dowel thru the center of the
redwood on 12-inch centers. The dowels shall be 1-inch in diameter for pavement thicknesses up
to and including a-inches and 1-1/4-inch diameter for pavement thicknesses of 9-inches or more.
All dowels shall be deformed on one end. Each approved metal brace or device shall be attached
00360-2
and shall hold the dowel firmly to the redwood board. On one side of the redwood, the dowel bar
shall be completely capped or sheathed to prevent bonding to the concrete to provide for
expansion. On the other side, it shall be fixed to the approved metal brace or device ensuring a
position perpendicular to the redwood and parallel to the proposed slab to deter bending, bearing
and shearing stresses.
Tie bars are to be minimum 5/8-inch diameter, Grade 40, steel and minimum 30-inches in length
and spaced maximum 48-inches center to center.
Metal devices for expansion and contraction joint assemblies, (such as welded wire bar chains,
bar stakes, end marker channels, etc.) shall be as shown on the drawings or may be similar
devices of equivalent or greater strength, approved by the Engineer, that will secure the joint
assembly in correct position during the placing and finishing of concrete. The Contractor shall
have an option of using a metal winged plate or a flat metal plate.
All contraction and longitudinal joints that are not at the edge or end of a pour shall be saw cut.
Metal or fiber strips placed in the uncured concrete will not be permitted. The joints shall be
sawed as soon as sawing can be accomplished without damage to the pavement and as directed
by the Engineer. Once sawing has commenced, it shall be continued until completed. The saw
cut shall be made with one pass of the concrete saw. Sawing must be accomplished even in rain
or cold weather. All sawing must be completed within twenty-four hours of placement. Should the
sawing for any days placement fail to be completed within twenty-four hours, the following
concrete placement shall be limited to the amount that was sawed on time. This limitation shall
continue until the sawing crew demonstrates it can handle a larger volume of sawing.
The sawed cut shall be a minimum 1/4 inch width and have a depth of one-fourth the thickness of
the pavement. Joint sealant installation shall be 1/8" below the top of pavement grade.
Unless otherwise specified, transverse sawed control joints shall be constructed at twenty-foot
intervals measured along the longitudinal axis of the roadway, or as directed by the Engineer.
360.3 Proportioning of Concrete. Cement, aggregates, chemical admixtures and water shall be in
accordance with the requirements of the Item 00421, "Structural Concrete", Class C-1.
Unless otherwise permitted, the concrete mix design shall be proportioned to provide a slump of
between 1 and 4 inches. A slump range of 1" to 3-1/2" shall be used for concrete laid with a slip
form paver, while vibrated concrete shall have a slump range of 2" - 4", when tested in
accordance with ASTM Method C143, "Slump Test". A slump test will be made for each sample
of concrete obtained for the casting of test beams, or when slumps appear to be outside
specification requirements.
Pavement mix designs shall meet flexural requirements of at least five hundred (500) pounds per
square inch, at seven (7) days, and at least six hundred (600) pounds per square inch, at twenty
eight (28) days, using ASTM Method C78, "Flexural Test of Simple Beam with Third Point
Loading". When high early strength cement is used, it shall reach at least 500 psi at seven days
and 600 psi at twenty eight days. The concrete shall contain not less than five and one-half sacks
of cement per cubic yard.
Four test beams for a flexural strength value shall be taken from the concrete for each 150 cubic
yards or less of pavement placed each day. The flexural strength value using the average of two
beams shall be obtained at 7 days, using ASTM Method C78, and shall meet the strength
requirements outlined above. The flexural strength value using the average of the second set of
beams, shall be obtained at 28 days using ASTM Method C78. Additional beams may be as
required due to concrete placing conditions, or for adequately determining the strength of
concrete when the early opening of the pavement to traffic is dependent upon concrete strength
00360-3
tests. No extra compensation shall be allowed for materials and work involved in fulfilling these
requirements.
360.4 Equipment. All equipment necessary for the construction of concrete pavement shall be on
the job and shall have been approved by the Engineer as to condition, before the Contractor will
be permitted to begin construction operations on which the equipment is to be used.
A template, or other approved method, for checking the contour of the subgrade shall be provided
and operated by the Contractor. The template shall rest upon the side forms and shall be of such
strengtb and rigidity that under a test made by changing the support to the center, it shall not
show a deflection of more than 1/2-inch. It shall be provided with accurately adjustable rods
projecting downward to the subgrade at 1-foot intervals and these rods shall be adjusted to the
required crosssection of the bottom of the slab, when the template is resting upon the side forms.
Side forms shall be of metal of approved cross section. The preferred depth of the form shall be
equal to the required edge thickness of the pavement. Forms with depths greater or less than the
required edge thickness of the pavement will be permitted, provided the difference between the
form depth and the edge thickness is not greater than 1- inch, and further provided that forms of a
depth, less than the pavement edge are brought to the required edge thickness by securely
attaching wood or metal strips, of approved section, to the bottom of the form, or by grouting
under the form. Bottom flange of the form shall be the same size as the thickness of the
pavement. Aluminum forms are not allowed. All forms must be approved by the Engineer.
The length of form sections shall be not less than 10-feet and each section shall provide for
staking in position with not less than 3 pins. Flexible or curved forms of wood or metal of proper
radius shall be used for curves of 1 DO-foot radius or less. Forms shall be ample strength and shall
be provided with adequate devices for secure setting so that when in-place they will withstand
without visible springing or settlement, the impact and vibration of the finishing machine. In no
case shall the base width be less than 8-inches for a form 8-inches or more in height. The forms
shall be free from warp, bends or kinks and shall be sufficiently true to provide a reasonable
straight edge on the concrete and the top of each form section, when tested with a straight edge,
shall conform to the requirements specified for the surface of the completed pavement. Sufficient
forms shall be provided for satisfactory prosecution of the work.
All pavement shall be finished by machine, except as hereinafter provided. The transverse
finishing machine shall be provided with two screeds and a tamp accurately adjusted to the crown
of the pavement and shall be power driven and mounted in a substantial frame equipped to ride
on the forms and shall be so designed and operated as to strikeoff and consolidate the concrete.
The longitudinal finishing machine shall be provided with a longitudinal float not less than 10-feet
in length, adjusted to a true plane, shall be power driven and shall be so designed and operated
as to finish the pavement to the required grade.
Finishing machine shall be maintained tight and in good operating condition accurately adjusted
to the required crown or profile and free from deflection, wobble or vibration tending to affect the
precision of finish. Machines failing to meet these requirements will be condemned by the
Engineer and the Contractor shall remove this equipment from the jobsite and provide approved
equipment.
When hand finishing is permitted under this specification, the Contractor shall provide a strike
template and tamping template, both of lumber, or equivalent metal section, and at least 2-feet
longer than the width of the pavement. Both templates shall conform to the crown section of the
pavement and the tamp, if of wood, shall have a steel face not less than 3/8-inches in thickness.
He shall also provide a longitudinal float of an approved design.
()()~RO-4
The Contractor shall furnish a canvas or canvas-rubber composition belt for finishing the
pavement, not less than 6-inches nor more than 10- inches wide, and at least 2-feet longer than
the width of the pavement. A burlap finish is also allowed.
The Contractor shall furnish and maintain at least two standard 10-feet steel or aluminum
straight-edges.
The Contractor shall furnish a sufficient number of bridges equipped to ride on the forms and
span the pavement for finishing operations and for the installation and finishing of joints and
center strips. All necessary finishing and edging tools shall be furnished as may be required to
complete the pavement in accordance with the drawings.
360.5 Slip Form Paver. In the event the Contractor is permitted to use a slip form paving
machine, all equipment and techniques used must be first approved by the City Engineer prior to
any such operations. In the event a slip form paver is disapproved, then the equipment specified
elsewhere in this item shall be used. The approval process shall take place after bids are
received.
A Clary screed, as approved by the City Engineer, may be used in lieu of a mechanical bull float
and oscillating screed, as long as the Contractor can show that it will not ride over the concrete.
Hand vibrators are required at the jobsite, when pouring concrete. A hand vibrator shall be used
around all load transfer devices.
360.6 Subgrade and Forms. The subgrade shall be excavated as required, all unstable or
otherwise objectionable material removed, and all holes, ruts, and depressions filled with
approved material, as per Item 205 "Subgrade". Rolling and sprinkling shall be performed when,
and to the extent directed, and the roadbed shall be completed to or above the drawings of the
typical sections shown on plans and the lines and grades established by the Engineer. Material
excavated in the preparation of the subgrade shall be utilized in the construction of adjacent
shoulders and slopes, and any additional material required for the completion of the sections shall
be secured from sources indicated on plans or designated by the Engineer. Drainage of the
roadbed shall be maintained at all times.
The subgrade shall be finished to the exact section of the bottom of the pavement as shown on
plans, and tested with the approved template operated and maintained by the Contractor. The
subgrade shall be maintained in a smooth, compacted condition, in conformity with the required
section and established grade until the pavement is placed, and shall be kept thoroughly wetted
down sufficiently in advance of placing any pavement to insure its being in a firm and moist
condition for at least 2 inches below the prepared surface. Sufficient subgrade shall always be
prepared in advance to insure satisfactory prosecution of the work. No equipment or hauling shall
be permitted on the prepared subgrade, except on special permission of the Engineer, which will
be granted only in exceptional cases and only where a suitable protection in the form of two-ply
timber mats or other approved material is provided.
The subgrade under the forms shall be firm and cut true to grade so that each form section when
placed will be firmly in contact for its whole length and base width, and exactly at the established
grade. Any subgrade under the forms below established grade shall be corrected, using suitable
material, placed, sprinkled and rolled as directed. Forms shall be staked with at least three pins
for each ten-foot section. A pin shall be placed at each side of every joint. Form sections shall be
tightly joined and keyed to prevent relative displacement. Forms shall be cleaned and oiled each
time they are used.
Forms shall be set for a sufficient distance in advance of the point where concrete is being placed
to permit a finished and approved subgrade length of not less than 300 feet ahead of concrete
placement, or as approved by the Engineers. Conformity of the grade and alignment of forms
shall be checked immediately prior to placing concrete, and all necessary corrections made by
00360-5
the Contractor. Where any form has been disturbed or any subgrade becomes unstable, the form
shall be reset and rechecked. In exceptional cases, the Engineer may require suitable stakes
driven to the grade of the bottom of the forms to afford additional support. Sufficient stability of
forms to support the equipment operated thereon and to withstand its vibration without springing
or settlement shall be required. If forms settle over one-eighth (1/8) inch under finishing operation,
paving operations shall be stopped and the forms shall be reset to line and grade.
Forms shall remain in place for not less than 8 hours after the concrete has been placed. They
shall be carefully removed in such a manner that little or no damage will be done to the edge of
the pavement. Any damage resulting from this operation shall be immediately repaired. After the
forms have been removed, the ends of all joints shall be cleaned, and any honeycombed areas
pointed up with approved mortar.
Immediately after pointing is complete, the form trench shall be filled with earth from the
shoulders in such manner as to shed water from rainfall or curing away from the edge of the
pavement. On completion of the required curing, the subgrade or shoulders adjacent to the
pavement shall be placed in condition to maintain drainage.
360.7 Reinforcing Steel and Joint Assemblies. All reinforcing steel, tie bars and load transmission
units used in accordance with plan provisions shall be accurately placed and secured in position
in accordance with details shown on drawings. Reinforcing bars shall be securely wired together
at all intersections and splices, and shall be accurately wired to each dowel and load transmission
unit intersected. The tie bars shall be installed in required position by the method and device
shown on drawings, or by approved method and device equivalent thereto. Bar coatings required
by plans, and of material specified, shall be completed and the bars and coating shall be free of
rust, dirt or other foreign matter at the time of installation in the concrete. Reinforced steel to be
supported on bar chairs or other approved devices placed on maximum 36" centers each way.
Where plans require an assembly of parts at pavement joints, the assembly shall be completed,
placed at required location and elevation, and all parts rigidly secured in required position by the
method and devices shown on plans, or by approved method and devices equivalent thereto.
Dowel Bars shall be accurately installed in joint assemblies in accordance with drawings, each
parallel to the pavement, and shall be rigidly secured in required position by such means (as
shown on plans, or approved equivalent thereto) that will prevent their displacement during
placing and finishing of the concrete. The assembled units comprising the load transmission
devices shall be accurately installed in joint assemblies in accordance with plans, each unit
vertical with its length perpendicular to the centerline of the pavement, and all units shall be rigidly
secured in required position by such means (as shown on drawings, or approved equivalent
thereof) that will prevent their displacement during placing and finishing of the concrete. Leader
boards, joint filler and other material used for forming joints shall be accurately notched to receive
each load transmission unit. All load transmission units shall be free of rust and clean when
installed in the concrete.
360.8 Concrete Placing. No concrete shall be placed when the air temperature is at or below 350
F. The temperature of the concrete shall at no time fall below 600 F., or exceed 1000 F.
When the concrete reaches a temperature of 850 F., retarders shall be introduced into the mixture
and shall continue to be used until the concrete reaches a temperature of 950 F.
After 950 F. and through 1000 F., a plasticizer shall be introduced into the mixture. After 950, ice
may be used to control temperature, in lieu of a plasticizer.
For concrete between temperatures of 850 F. through 950 F., the slump shall be as specified in
Item 360. For concrete with temperatures greater than 950 F., slumps shall be as specified by the
Engineer.
00360-6
The amount of retarder or plasticizer, introduced into the mixture, shall be in accordance with the
manufacturer's recommendations. See part 360.2, Materials, for requirements of admixtures.
No concrete shall be used if the concrete has developed initial set, or which is not in place within
1-1/2 hours after the initial water has been added.
Pouring concrete during inclement weather, which would adversely effect the quality and/or finish
of the concrete pavement does not relieve the contractor from his responsibility to provide a
pavement that complies with the specification.
360.9 Joints. All transverse and longitudinal joints in the pavement shall be of the type or the
alternate type shown on the drawings, shall be constructed at required locations, on required
alignment in the required relationship to tie bars and joint assemblies and in accordance with the
details shown on the plans.
Normally, the stoppage of the placement of concrete shall be scheduled to occur at proposed
expansion joints, or at proposed longitudinal joints located between traffic lanes. If it becomes
necessary to stop the placement of concrete at an unscheduled location due to unforeseen
circumstances, the stoppage may occur at a proposed contraction joint, or at other locations with
the approval of the Engineer. The following provisions shall govern for each type of joint at which
the placing of concrete is stopped:
When the placing of concrete is stopped at any expansion joint, the complete jointed assembly
shall be installed and rigidly secured in required position as shown on plans. A bulkhead of
sufficient cross sectional areas to prevent deflection, accurately notched to receive the load
transmission units or dowels, as the case may be, and shaped accurately to the cross section of
the pavement shall be provided and installed as a back-up for the joint filler and rigidly secured in
required position to permit accurate finishing of the concrete up to the joint. After the concrete has
been finished to the joint, formation of the joint seal space and finishing of the joint shall be
executed as specified herein and in accordance with plan requirements. The back-up bulkhead
shall remain in place until immediately prior to the time when concrete placing is resumed, when it
shall then carefully be removed in such manner that no element of the joint assembly will be
disturbed. The exposed portions of the joint assembly shall be free of adherent concrete, dirt or
other material at the time placing of concrete is resumed.
When placing of concrete is stopped at a longitudinal joint, all applicable provisions of Section
360.7 shall apply in addition to the following requirements:
The face of the bulkhead at the joint shall be grooved or recessed as necessary to provide the
required spaces for the top and bottom breaker strips as shown on plans. The bulkhead shall be
either drilled or notched to receive the tie bars. Tie bars shall be secured in required position by
use of adequate transverse bracing and vertical supports meeting the approval of the Engineer.
When placing of concrete is stopped at a contraction joint, all applicable provisions of Section
360.7 shall apply, in addition to the following requirements:
The face of the bulkhead adjoining the slab end shall be notched and grooved to fit the exposed
half-screen of the joint assembly and shall be shaped to form the slab end at the center of joint as
shown on plans. The half-width of joint seal-space may be formed by a strip of required section
placed and removed in accordance with drawing requirements for construction of transverse
contraction joints. The Contractor shall have available a bulkhead shaped to the section of the
pavement, and of a section to form a key not less than 1 inch in depth and 2 inches in height at
the center of depth of the pavement. This bulkhead must be drilled to permit the continuation of
all longitudinal reinforcing steel through the construction joint, and shall be of sufficient section
and strength to prevent deflection.
00360-7
Immediately upon the intended stoppage of the placing of concrete to a line, install the above
described bulkhead at right angles to the centerline of the pavement perpendicular to the
surfaces and at required elevation. Concrete shall be placed and finished to this bulkhead. Any
concrete remaining on the subgrade ahead shall be removed and disposed of as directed. When
placing of concrete is resumed before the concrete has set to the extent that the concrete will
stand on removal of the bulkhead, the new concrete shall be rodded, and the key in the first
concrete must be carefully preserved. An edge created by a construction joint of this type shall
have a joint seal space and shall be sealed as required for construction joints.
Transverse expansion joints shall be formed perpendicular to the centerline and surface of the
pavement, and shall be constructed in accordance with the sequence of operations shown on
drawings. After the transverse finishing machine and before the longitudinal finishing machine
has passed over the joint, the contractor shall test the joint filler for correctness of position and
make any required adjustment in position of the fmer, and shall install the joint seal space form in
accordance with plans. After removal at the joint seal form as required by plans, the joint seal
space above the joint filler shall be thoroughly cleaned and the concrete faces of the joint seal
space shall be left true to line and section throughout the entire length of the joint. On completion
of curing of the pavement, the joint sealing finer of the type specified shall be placed in
accordance with drawings. The faces of the joint seal space shall be clean and surface dry at the
time joint sealing filler is placed. On completion of the joint seal, the pavement adjacent
to the joint shall be left free of joint sealing material.
360.10 Finishing. All concrete pavement shall be tamped and finished mechanically with
approved power driven machines, except as herein provided. Hand finishing will be permitted on
the transition from a crowned section to a super-elevated section without crown on curves, and
on straight-line super elevation sections less than 300-feet in length. Hand finishing will also be
permitted on that portion of a widened pavement outside the normal pavement width, on sections
where the pavement width is not uniform, or required monolithic widths are greater than that of
available finishing machines.
Machine finishing of pavement shall include the use of a power driven transverse strike-off, tamp
and screed and a longitudinal float.
The transverse finishing machine shall first be operated to compact and finish the pavement to
the required section and grade, without surface voids. The machine shall be operated over each
area as many times and at such intervals as directed. At least two trips will be required, and the
last trip over a given area shall be a continuous run of not less than 40 feet.
After completion of finishing with the transverse finishing machine, the longitudinal mechanical
float shall be operated to smooth and finish the pavement to the required grade. The float shall be
operated paralleled to the centerline of the pavement with a short, quick motion, and shall travel
slowly across the pavement, maintaining contact with the surface at all points. If this result is not
attained, additional concrete shall be placed if required, tamped and screeded, and the float shall
operate over the same area until a satisfactory surface is produced. The advance along the
length of the pavement between successive passes of the float across the surface shall be such
that the float shall continuously lap its previous position by not less than one-fourth its length.
After floating is complete, and the concrete still workable, the surface shall be tested for
conformity with an approved 10-foot steel straightedge. The straight-edge shall be operated from
the side of the pavement, placed paralleled to the pavement centerline and passes across the
slab to reveal any high spots or depressions. The straightedge shall be advanced along the
pavement in successive stages of not more than one-half its length. Any correction of the surface
required shall be accomplished by adding concrete if required and by operating the longitudinal
float over the area. The surface test with the straightedge shall then be repeated.
00360-8
After completion of the straight-edge testing, and just before the concrete becomes non-plastic,
the surface shall be belted with an approved belt, operated with short transverse strokes and a
rapid advance longitudinally. This operation shall produce a uniform surface of a gritty texture.
About the time the concrete becomes hard, the edge of the slab shall be carefully finished with an
edger of the radius required by the Engineer, and the pavement edge shall be left smooth and
true to line.
Hand finishing shall be resorted to only in those conditions provided for above, and upon specific
authorization by the Engineer. When hand finishing is permitted, the concrete shall be struck off
with an approved strike-off screed to such elevation that when consolidated and finished the
surface of the pavement shall conform to the required section and grade. The strike template
shall be moved forward with a combined transverse and longitudinal motion in the direction the
work is progressing, maintaining a slight excess of material in front of the cutting edge. The
concrete shall then be tamped with an approved tamping template to compact the concrete
thoroughly, and eliminate surface voids, and the surface screeded to required section.
After completion of a strik-e-off, consolidation, and transverse screeding, a hand-operated
longitudinal float shall be operated to test and level the surface to the required grade. Workman
shall operate the float from approved bridges riding on the forms and spanning the pavement.
The longitudinal strokes while being passed from one side of the pavement to the other shall be
continuous. If contact with the pavement is not made at all points, additional concrete shall be
placed if required, tamped and screeded, and the float shall be used to produce a satisfactory
surface. Care shall be exercised to keep the ends of the float from digging into the surface of the
pavement. After a section has been smoothed so that the float maintains contact with the surface
at all points in being passed from one side to the other, the bridges may be moved forward half
the length of the float, and the operations repeated.
Just before the concrete becomes non-plastic, texture shall be applied with tines, belts, or other
methods approved by the Engineer. The texture shall be applied transversely. It is the intent thai
the average texture depth, resulting from the number of tests directed by the Engineer, be not
less than 0.060-inch with a minimum texture depth of O.OSO-inch for any test done in accordance
with Test Method Tex-436- A. Should the texture depth fall below that intended, the finishing
procedures shall be revised to produce the desired texture.
After the concrete has been placed 12 hours or more, the Engineer will test the surface of the
pavement with a ten-foot straight-edge placed parallel to the centerline. The straight edge shall
be approved by the Engineer. The surface shall not vary from the straight edge by more than
one-sixteenth (1/16) inch per foot from the nearest point of contact, and in no case shall the
maximum ordinate from a ten-foot straight-edge to the pavement be greater than one-eighth (1/8)
inch. Any high spots causing a departure from the straightedge in excess of that specified shall
be ground down by the Contractor to meet the surface test requirements, when required by the
Engineer.
360.11 Curing. The Contractor shall provide for protection of freshly laid concrete against pitting
and washing from rain, by having on the job at the time and place of pouring, sufficient canvas
and/or waterproof covering material to protect at least 400 linear feet of pavement over the entire
width of pavement surface being placed. See the Item 421, "Structural Concrete", for additional
information.
360.12 Protection of Pavement. The Contractor shall erect and maintain the barricades required
by the plans, and such other barricades and approved devices as will exclude public traffic and
traffic of his employees and agents from the newly placed pavement for the periods of time
hereinafter prescribed. Portions of the roadway, or crossings of the roadbed required to be
maintained open for use by traffic, shall not be obstructed by the above required barricades.
Crossings of the pavement required by plans, or by construction sequence, during the period
00360-9
prior to opemng to trattlc as herein speCified, shall be provided with an adequate and substantial
bridge, approved by the Engineer.
New pavement sections shall be closed to all traffic, both PUBLIC and CONSTRUCTION, until
the concrete has attained a minimum flexural strength of at least five hundred pounds per square
inch (500 PSI) when tested in accordance with ASTM C78. Normally, the first test is conducted
on the 7th day. If the Contractor or the City desires to open the new pavement section to traffic
early, an additional set of test beams must be requested for an early test. If the early test
indicates that the minimum flexural strength requirement has been met, and if all other
requirements of this specification have been met, the pavement section can be opened to traffic.
All early tests will be paid by the Contractor.
Such opening of a new pavement section, to PUBLIC or CONSTRUCTION traffic, shall in no
manner relieve the Contractor from his responsibility of the work.
On those sections of pavement to be opened to PUBLIC traffic, the pavement shall be thoroughly
cleaned, stable material shall be placed, graded, and compacted against the pavement edge or
curb unless specified otherwise, joints shall be sealed and cured, and all required traffic control
work shall be performed for the safety of the traffic.
When high early strength concrete, as required by the drawings or as an option to Type I Cement
is used, the pavement may be opened to all traffic after the concrete has attained a minimum
flexural strength of 500 PSI, or as long thereafter as ordered by the Engineer, subject to the same
provisions governing the opening of the pavement to all traffic as prescribed above.
When the Contractor desires to move any equipment not licensed for operation on a publiC
roadway, on or across any pavement opened to traffic, he shall protect the pavement from all
damage by means of twoply timber mats of 2" stock, or runways of heavier material, laid on a
layer of earth, all as approved by the Engineer.
The Engineer may require the opening of pavement to traffic prior to the minimum strength
specified above under conditions of emergency, which in his opinion, require such action in the
interest of the public. In no case shall the Engineer order opening of the pavement to traffic within
less than 72 hours after the last concrete in the sections is placed unless an approved high early
strength concrete was used. The Contractor shall remove any curing mats, place earth against
the pavement edges, and perform other work involved in providing for the safety of traffic as
required by the Engineer in ordering emergency opening. Orders for emergency opening of the
pavement to traffic will be issued by the Engineer in writing.
360.13 Backfilling Behind Curbs and In Esplanades. The Contractor is required to backfill behind
all curbs and within the esplanade, after completion of the paving operation. The backfill material
shall be on-site material having the prior approval of the Engineer. No separate payment shall be
made for backfilling behind curbs and in esplanades, but it shall be considered incidental to this
item.
360.14 Deficient Pavement Thickness. It is the intent of this specification that the pavement be
constructed in strict conformity with the thickness and typical sections shown on plans. Where
any pavement is found not so constructed, the following rules relative to adjustment of payment
for acceptable pavement and to replacement of faulty pavement shall govern.
Prior to final acceptance, the pavement may be cored by City of La Porte. Locations of core tests
may be selected by the Engineer. Regular testing shall occur at the rate of 1 core for every five
hundred (500) square yards per lane of placed concrete pavement and at random locations.
For the purpose of establishing an adjusted unit price for pavement, units to be considered
separately are defined as 500 square yards of pavement in each traffic lane, starting at the end of
00360-10
the pavement bearing the smaller station number. The last unit in each lane shall include 500
square yards plus the fractional part of 500 square yards remaining. Widening, acceleration and
deceleration lanes shall be measured and adjusted using units of 500 square yards or fractions
thereof.
One core will be taken at locations selected by the Engineer or at random in each unit, and tested
in accordance with ASTM Method C- 174. When measurement of the core from any unit is not
deficient more than 0.2 inch from the plan thickness, full payment will be made.
If measurement of any core from any unit is deficient more than 0.2 inch but not more than 0.50
inch from the drawing thickness two additional cores will be taken from the unit and the average
of the three cores determined. The two additional cores will be taken such that the unit will be well
represented. If the average thickness of the three cores is deficient more than 0.2 inch but not
more than 0.50 inch from the plan thickness, an adjusted unit price as provided below, will be
paid for in these areas represented by these cores. At the option of the Engineer, additional cores
may be taken in the adjacent unit/units to determine if the deficiency of thickness continues
across all lanes of pavement. If the deficiency if found to exist in one (1) or more adjacent units,
adjusted unit prices as provided below will be paid for those adjacent units that are found to be
deficient.
Price Adjustments: Concrete Pavement Deficiency
Deficiency of Thickness Proportional Part Contract
Determined by Cores in Inches Price Allowed
0.00 to 0.20 100 Percent I
0.21 to 0.30 80 Percent I
0.31 to 0.40 72 Percent
0.41 to 0.50 68 Percent
Over 0.50 50 or remove*
*At the option of the Engineer
Any area of pavement found deficient in thickness by more than 0.50 inch but not more than 0.70
inch shall be evaluated by the Engineer. If, in the judgement of the Engineer, the area of such
deficiency should not be removed and replaced, there will be no payment for the area retained.
If, in the judgement of the Engineer, the area of such deficiency warrants removal, the area shall
be removed and replaced, at the Contractor's entire expense, with concrete of the thickness
shown on the plans. Any area found deficient in thickness by more than 0.75 inch shall be
removed and replaced, at the Contractor's entire expense, with concrete of the thickness shown
on drawings.
No additional payment, over the contract unit price will be made for any pavements of a thickness
exceeding that required on drawings. Also, planing of concrete pavement shall not be allowed.
360.15 Defective Concrete. Any defective concrete discovered, after the forms have been
removed, shall be removed immediately and replaced. If the surface of the concrete is bulged,
uneven or shows excessive honeycombing or form marks, which in the opinion of the Engineer
cannot be repaired satisfactorily, it shall be removed and replaced and no compensation will be
allowed for the work or materials.
360.16 Quality Assurance. The Testing Laboratory's representative will sample concrete
delivered to the site in accordance with ASTM Method C172 and will mold four beams for each
150 cubic yards. Each time a set of specimens is molded, the slump will be determined in
accordance with ASTM Method C143 and the air content in accordance with ASTM Method C173
or C231. Two of the beams will be tested in accordance with ASTM Method C78 at 7 days and
the remaining two at 28 days. Concrete cores, if required, shall be tested in accordance with
ASTM Method C 174 (9 point procedure) and ASTM C39.
00360-11
360.17 Acceptance Requirements. For pavement concrete, concrete mixes shall be formulated to
produce concrete that meets the minimum flexural strength as shown in this item.
If the required strength is not secured with the minimum cement content specified, additional
cement shall be used or other aggregate provided at the Contractor's expense.
360.18 Measurement. Concrete pavement shall be measured by the square yard of the specified
thickness of completed and accepted pavement. This shall include all necessary concrete
headers, as shown on the plans. Separate measurement and payment will not be made for
concrete headers.
360.19 Payment. The work performed and the materials furnished as prescribed by this item and
measured as provided under "Measurement" shall be paid for at the unit price bid for "Concrete
Pavement", or "Concrete Pavement, High Strength", as required, or the adjusted unit price for
pavement of deficient thickness as provided under "Penalty for Deficient Pavement Thickness",
which price shall be full compensation for shaping and fine grading the roadbed, including
furnishing and applying all water required; for furnishing, loading and unloading, storing, handling
all concrete ingredients, including all freight and royalty involved; for mixing, placing, finishing and
curing all concrete; for furnishing all materials for and placing longitudinal, warping, expansion,
sawed control and contraction joints, and load transmission units, and joint filler material in proper
position; for coating steel bars where required by plans, for furnishing and placing all reinforcing
steel; and for all manipulations, labor, equipment, appliances, tools, traffic provisions and
incidentals necessary to complete the work.
00360-12
TECHNICAL SPECIACATIONS
ITEM 00402
BANK SAND BACKFILL
402.1 Description. This item shall consist of the furnishing, placing, manipulation, compacting and
completing in-place, Bank Sand as a bedding and backfill material for water and sewer nnes, as
construction fill for certain excavation areas, as construction fill for ruts, holes and other similar
conditions; as a fill material for project clean-up and as directed by the Engineer. Bank sand shall
be in accordance with these specifications and in confonnity with the lines, grades and cross-
sections shown on the plans and as directed by the Engineer.
402.2 Materials. Bank sand is to be free of organic matter, foreign materiar, clay balls, sticks,
foreign objects and other objectionable -material.
Bank sand shall have a plasticity index less than 3 and shan meet the following gradation:
1 00 percent passing a 3/B-inch sieve,
5 to 30 percent passing a No. 200 sieve.
Prior to use, Contractor shall identify the source of the proposed bank sand for testing.
402.3 Construction. After the water line, sewer line or other similar construction item, such as a
trench, has been excavated and brought to grade, bank sand shall be furnished, placed,
compacted complete in-place, either as bedding or backfill material, as shown on the plan,
described in these specifications or as directed by the Engineer. After the trench or excavation
has been brought to grade, the bank sand shall be placed and compacted as a bedding matelial,
the construction item shall be placed and joined properly around and over that construction item
as required and as shown on the plans, described in the specifications or directed by the
Engineer.
Bank sand shan be placed in layers not exceeding 8-inches. It shall be compacted with
mechanical vibratory tamps to maximum dry density in accordance with ASTM Method 0698 at a
moisture content ranging from optimum to three percentage points above optimum. Water
flooding will not be pennitted.
402.4 Testing. The Testing Laboratory's representative will detennine the moisture density
relationship for each matelial proposed for use as bacKfiIT, in accordance with ASTM Method
0698. In place density will be detennined in accordance with ASTM Methods D2922 or D1556,
and with each type of construction.
For wans and trenches, detennine the in place density for each 200 feet of wall or trench, for each
lift of fill placed.
402.5 Measurement. No separate payment shall be made for work perfonned under this Item,
except as indicated below. Include the cost of same in the price bid per linear foot of pipe, or wall,
for which this work is a component.
402.6 Payment. "Extra Bank Sand Backfill", where required, wiD be measured by the cross-
sectional method in its compacted position and paid for at the contract unit plice bid per cubic
yard. Payment under this bid item is limited to such additional bank sand backfill not shown on
the plans that may be required.
END OF DOCUMENT
D04D2-1
TECHNICAL SPECIFICATION
ITEM 00430
CONSTRUCTION OF UNDERGROUND UTILITIES
43a.1 Description. This item shalT govern for all excavation required for the construction 01
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 govern for any necessary pumping or bailing and drainage and
all sheathing and bracing of trench walls. Also governed 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.
430.2 Testing. Gravity sanitary sewer lines shan be "tamped". No sewer line shalf be accepted,
unless a clear lamp can be seen from manhole to manhole.
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 shalT be the width of
the outside barrel of the pipe plus 24 inches, the maximum width of the trench shall be the width
of the outside barrel of the pipe plus 36 inches. For pipe 30 inches and larger, the minimum
trench width shan 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 of this additional material, in place shall be at the
expanse ofthe Contractor.
Where necessary, excavations shall have sheathing and bracing to prevent caving. At these
locations, increase the trench width as required and leave. fhe 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 (fatest 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 wen-point instaflation shan be in accordance with the
Item, 'Well Pointing".
00430-1
In the event that the excavation cannot be dewafered to the point where the pipe sUbgrade is free
of mud, excessive wet soil, sand silt or clay 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 "D", 5 sacks of cement per cubic yard
with a minimum compressive strength of 1,750 P.S.1. 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 cyDnder 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 Df the trench box does not relieve the Contractor of any Dability 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
responsibmty 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 clay pipe shan 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 manufacturers 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 beDs 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, MateriaJ
excavated by trenohing machine win generally be suitable for use as back.fill. Cement stabilized
sand shan be in aocordance 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 backfiUing, 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".
Backfilf above the cement stabilized sand shan be placed as follows.
For trenches under proposed pavement or through asphaltic concrete, concrete, asphalt topped
concrete flexible base with asphalt topping, shelT or gravel surfaces on either pubnc 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 D698. Tamped backfill shan 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 shaff supply any deficiency in quantity of materials for backfimng trenches or filling
depressions caused by settlement.
430.6 Restoration of Surfaces. Replace or repair sidewalk.s, 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 stree~s 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 clean-up is further behind than 2,000 feet.
430.8 Quarrty 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 Stabifized Sand Bedding and Backfill
MateriaL", and the moisture density relationship will be determined in accordance with ASTM
0558.
The Testing Laboratory's representative win 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 pipennes shall be measured by the linear foot of pipe
actually laid, at finished grade, exclusive 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 centeriine of fitting to centeriine
of fitting, exclusive 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
trow 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.
00430-4
No separate payment shall be made for any bedding and backfill installed in accordance with
these specifications and the drawings attached hereto.
Sear slabs shall be measured by the square yard installed along the centerline of the structure.
Payment for class KDft concrete seal slab shall be made at the unit price bid per square yard and
shall include the price of all labor, material and equipment necessary to complete this
item.
END OF DOCUMENT
00430-5
TECHNICAL SPECrFfCATIONS
ITEM 00433
C"EMENT STABILIZED SAND BEDDING AND BACKFILL MATERIAL
433.1 Description. This item specifies cement stabilized sand to be used for backfill and bedding
as called for on the drawings, in other parts of the specifications, or as directed by the Engineer.
433.2 Materials. Cement shall be Type I Portland cement conforming to ASTM C150.
Sand shall be clean durable sand containing not more than the following:
A. Deleterious Materials
Clay lumps, when tested in accordance with ASTM C14Z shall be less than 0.5 percent.
Lightweight pieces, when tested in accordance with ASTM C123 shall be less than 5.0
percent.
Organic impurities when tested in accordance with ASTM C40, shall not show a color
darker than the standard color.
B. The plasticity index shall be six (6) or less when tested in accordance with ASTM
D4318.
,,,-..,
C. Sand shall be free of organic matter and deleterious substances and shall meet the
following gradation requirement.
Square Sieve Size
3/8"
No. 200
Percent Passing, By Weight
100%
5 - 30%
Water shall be clean and clear, free of oils, acids, alkalis, organic matter or other
deleterious substances and shall conform to the requirements of ASTM C94.
433.3 Sand-cement Mixture Product. The mixture shall consist of not less than 1.5 sacks of
Portland cement per ton of material mixture as placed. The mixture shall contain sufficient water
to hydrate the cement.
The cement, sand and water shall be mixed in a pugmin type mixer, which meets the approval of
the Engineer. It shall be mixed for a minimum period of two minutes per batch.
433.4 Placing. The sand cement mixture shan be placed in maximum eight (8) inch thick lifts,
loose measure, and thoroughly rodded and tamped around the pipe, boxes, structures, bridge
approaches and paving sections. Placement and compaction shall be performed in a manner that
win thoroughly fill all voids without placing undue strain on or displacement of the structure.
Cement stabilized sand backfill below the top of sewers, manholes, inlets or other structures shall
be placed equally along an sides of the structure. Cement stabilized sand backfilllbedding shall be
placed in a manner that will completely fill all voids in the trench. Should compaction be required
to fill all voids in the areas described, hand operated tampers may be used.
Materials not placed and compacted within four (4) hours after mixing shall be rejected. Do n01
place or compact sand-cement mixtures in standing or free water.
00433-1
Cement stabilized sand backfilllbedding that is placed in trench bottoms or alT other locations
between the tops of sewer lines to the bottom of the subgrade, shall be compacted to a minimum
of ninety five percent (95%) of Standard Proctor Oensity (ASTM Method 0558), and shall apply to
an areas of construction within the fimits of the project. Please refer to "Details of Bedding for
Pipe", Item 430, and "Details of Precast Box Bedding", Item 480, for specific details.
In-place density tests shall be taken at each location, each day, to test the placement of
bedding/backfill material. The minimum number of tests per day shall be one (1) in-place density
on the bedding and two (2) in-place densities on backfill. The minimum number of tests shall
represent a placement of cement stabilized sand of 50 tons per day or less. For placements
greater than 50 tons per day, tests shall be taken at each location at the rate of one (1) in-place
density test per 200 linear feet (200 I.f.) of bedding and one (1) in-place density test per 100 linear
feet (100 Lt.) of backfill per liff placed above the top of pipe. In-place densities shalT be
determined in accordance with ASTM 02922 or ASTM 01556.
433.5 Performance. The sand cement mixtures shall produce a minimum unconfined
compreSSive strength of one hundred pounds per square inch (100 psi) in forty eight hours, when
compacted to ninety five percent (95%) of Standard Proctor density (ASTM Method 0558),
without additional moisture control and when cured in plastic bags at a temperature of 73.40- F. at
plus or minus 30 F. and tested in accordance with ASTM 01633.
Random samples of the delivered product win be taken in the field at the direction of the Engineer
and tested at the City's expense. A minimum of one (1)sample per week shall be taken at random
to represent a production that is less than one hundred (100) tons per week. Two (2) samples per
week shalT be taken at random to represent a prOduction greater than one hundred (100) tons per
week. The Engineer shall have the option to obtain additional samples for testing.
433.6 Notification. The Testing Laboratory's representative will notify the City, Engineer,
Contractor and material supplier by facsimile of all tests indicating results falling below specified
strength requirements.
433.7 Measurement. Cement stabilized sand shan be measured by the square yard of material,
furnished and compacted in place to the thickness specified, or as shown in the plans or
acceptable material mixture, as specified by this item, shall be measured by the ton of 2,000
pounds.
Measurement shall be made by tickets delivered to the Engineer. The dray tickets shall indicate
the tare, gross and net weight ofthe load and the location of delivery.
433.8 Payment.
A. The payment for cement stabilized sand, complete and in-place, shall be at the
contract unit price per square yard of the specified thickness, which unit price shall
include all costs of materials, fumished, hauled, dumped. spread, shaped, and
compacted.
B. Where the bid sheet specifies FOB the plant, the materials shall be loaded on Harris
County vehicles and paid for by the ton of 2,000 pounds.
C. Where the bid sheet specifies FOB the job, materials shall be transported to the job
site specified on the bid sheet, and paid for by the ton of Z,OOO pounds.
O. When the Project Manual, plans or other specifications indicate the use of cement
stabilized sand is incidental to another pay item, no direct payment for the material will be
made.
END OF SECTION
00433-2
TECHNICAL SPECIFICATIONS
ITEM 00530
CONCRETE CURB, GUTTER, CURB AND GUTTER
SIDEWALKS AND DRIVEWAYS
530.1 Description. This item shall govern for curb, gutter, combined curb and gutter, sidewalks
and/or driveways, with or without reinforcing steel composed of Portland cement concrete
constructed on approved subgrade, foundation material or finished surface in accordance with the
lines and grades established by the Engineer and in conformance with the details shown on the
plans.
As used in this item, -the word "curb" refers to concrete curb, concrete gutter and combined
concrete curb and gutter.
530.2 Materials. Concrete used in conventionally formed construction shall be Class "C2"
concrete, meeting the requirements of Item 00421, Structural Concrete. Concrete for extruded
construction shall also be Class "C2".
~...-.-
Fly ash may be used with the cement. Cement plus f1yash shan be composed of Portland cement,
of the type specified herein, and a maximum of 28 percent f1yash by absolute volume. It is
recommended that the percent of f1yash by absolute volume be reduced to a maximum of 20
percent during cold weather concreting (average ambient temperature, over a 24 hour period
after placement, less than 50oF). Flyash shall be Class C conforming to the requirements of
ASTM C618, "Specification for Flyash and Raw or Calcined Natural Pozzolan for use as a Mineral
Admixture in PortTand Cement Concrete". Flyash shall have a minimum CaO Content of 20
percent.
Reinforcing steel, if required, shall conform to the requirements of the Item, "Reinforcing Steel".
Membrane curing materials shall meet the requirements of the Item, "Membrane Curing".
530.3 Construction Methods. For conventionally formed concrete, the subgrade, foundation, or
pavement surface shall be shaped to the line, grade and cross-section and if considered
necessary by the Engineer, hand tamped and sprinkled. If dry, the subgrade or foundation
material shall be sprinkled lightly immediately before concrete is deposited thereon.
Outside forms shall be of wood or metal, of a section satisfactory to the Engineer, straight, free of
warp and of a depth equal to the depth required. They shall be securely staked to line and grade,
and maintained in a true position during the depositing of concrete. Inside forms for curbs shall be
of approved material, shall be of such design as to provide the curb required and shall be rigidly
attached to the outside fDlms.
The reinforcing steel, if required, shall be placed in the position shown by the plans. Care shall be
exercised to keep all steel in its proper location.
After the concrete has been struck off and after it has become sufficiently set, the exposed
surfaces shan be thoroughly worked with a wooden float. The exposed edges shall be rounded by
the use of an edging tool to the radius indicated on the plans. Unless otherwise specified on the
plans, when the concrete has become sufficiently set, the inside form for curbs shall be carefully
removed and the surface shan be plastered with a mortar consisting of one part of Portland
cement and two parts of fine aggregate. The mortar shall be applied with a template made to
conform to the dimensions as shown on the plans. All exposed surfaces shall be brushed to a
smooth and uniform surface.
00530-1
Sidewalks shall be constructed in sections of the lengths shown on the plans. Unless otherwise
provided by the plans, no section shall be of a length less than 8-feet and any section less than 8-
feet shall be removed by the Contractor at his own expense. The different sections shall be
separated by a premolded or board joint of the thickness shown on the plans, placed vertically
and at right angles to the longitudinal axis of the sidewalk. Where the sidewalks or driveways abut
a curb or retaining wall, approved expansion material shall be placed along their entire length.
Similar expansion material shall be placed around all obstructions protruding through sidewalks
or driveways. Sidewalks shall be marked into separate sections, each 4 feet in length, by the use
of approved jointing tools.
Curbs, gutters and curb and gutters shall be placed in sections of 50-foot maximum length unless
otherwise shown on the plans. Joints shall be constructed at such locations and of the type as
directed and specified on the plans.
For extruded concrete construction, the concrete shall be placed by an extrusion machine
approved by the Engineer. When placement is directly on subgrade or foundation materials the
foundation shall be hand-tamped and sprinkled if considered necessary by the Engineer. If the
concrete is placed directly on the surface material or pavement, such surface shall be thoroughly
cleaned. If required by plan details, the cleaned surface shall then be coated with an approved- or
other coating as specified at the rate of application shown.
The line shalT be maintained from a guideline set by the Contractor. The outline shan strictly
conform to the details shown on the plans. The forming tube of the extrusion machine shall be
readily adjustable vertically, during the forward motion of the machine to provide variable heights
necessary to conform to the established grade line. To provide a continued check on the grade, a
pointer or gauge shall be attached to the machine in such a manner that a comparison can be
made between the extruded work. and the guideline. Other methods may be used if approved by
the Engineer.
The mix shall be fed into the machine in such a manner and at such consistency that the finished
work. will present a wen compacted mass with a surface free from voids and honeycomb and true
to the established shape, line and grade.
Any additional surface finishing specified andfor required, shalT be performed immediately after
extrusion. Joints shall be constructed at such location as directed by the Engineer and to the
details shown on the plans.
When sidewalks afe to be placed adjacent to a curb or a curb and gutter, the sidewalk and curb
or curb and gutter may be placed monolithically in one pass of the machine, provided the work is
satisfactory to the Engineer.
All concrete placed under this item shalT contain 4% + 1-1/2% entrained air. The completed work.
shall be cured for a period of not less than 72 hours in accordance with the requirements of the
Item, "Membrane Curing". Coloring of sidewalks shall be in accordance with the Item, "Coloring
Concrete, Medians and Sidewalks".
530.4 Measurement. Work and accepted material as prescribed by this item for concrete curb,
concrete gutter or or concrete curb and gutter will be measured by the linear foot, complete in-
place.
Work and accepted material as prescribed by this item for concrete sidewalk shall be measured
by the square yard of surface area, complete in-place, as indicated on the plans.
Work. and accepted material as prescribed by this item for concrete driveway, shall be measured
by the square yard of surface area, complete in-place.
00530-2
53U.5 Payment. The work perfonned and the materials furnished as prescribed by this item and
rneasured as provided under measurement will be paid for at the unit price bid for "Concrete
Curb", "Concrete Gutter" of the type indicated on the plans or for "Concrete Sidewalks" of the
width when indicated on the plans, or "Concrete Driveways". The price for each item shall be full
cornpensation for cleaning and coating the base; furnishing and applying all water, mortar,
adhesives or other material, including reinforcing steel and dowel bars, if required; for furnishing,
loading and unloading, storing, hauling and hanclling all ingredients, including air freight and
royalty involved; for mixing, placing, finishing, sawing, cleaning and sealing joints and curing all
concrete; for furnishing all materials for sealing joints and placing joints and joint filler material in
proper position; and for alt manipulations, labor, equipment, appliances, tools, traffic provisions
and incidentals necessary to complete the work.
END OF DOCUMENT
00530-3
TECHNICAL SPECIFICATIONS
ITEM 00560
MAINTENANCE AND CLEANUP OF THE PROJECT SITE
560.1 Description. This item shall govern for the maintenance and cleanup of the jobsite both
during the term of the construction and at the end of construction.
560.2 General Requirements. The Contractor is required to remove from the job site an trash,
excess materials, etc., accumulated as a result of and during this work..
At such time (daily or-weekly) as directed by the Engineer, the Contractor shall remove any
debris, trash or excess material off the site. He shall make every effort to keep the site in a neat,
presentable condition, at all times.
In addition, at the end of each month, the entire construction site shall be generaUy cleaned and-
all trash and material over the length of the site shall be removed off site to the complete
satisfaction of the Engineer.
The Contractor will mow, trim and edge the right-of-way and esplanades on the project for the
entire project duration. The mowing schedule shall be as follows:
April - October:
November - March:
Once per month
Once every six weeks
After the construction work has been completed, the Contractor shalf remove an debris, trash,
excess materials, fonns, stakes, empty sacks etc. from the site and leave the site with a neat
appearance. All excavation shall be backfilled and all excess excavated material shall be
disposed of off the site of the work.
560.3 Measurement and Payment. There shaU be no separate payment for this item.
END OF SECTION
00560-1
TECHNICAL SPECIFICATIONS
ITEM 00675
TRAFFIC PAINT STRIPING (WATER BASED)
675.1 Description. This item shall govern for the installation of water based refJectorized traffic
paint striping on pavement, where the color and width of line shall be as specified on the
drawings.
675.2 Material. Materials shall consist of paint and glass beads. Paint for striping shall conform to
the requirements of the Item 'Traffic Paint (Water Based)".
675.3 Equipment. Equipment used for applying traffic paint shall:
1. Be maintained in satisfactory operating condition
2. Paint striping equipment used to place 4-inch solid or broken lines shall have a
capability of an average hourly placement rate of 7,000 linear feet of 4 inch line in any
five consecutive working days of seven hours or more. The equipment shall be capable
of applying one 4-inch broken line and either one or two solid lines simultaneously.
3. Have production capabilities similar to 4-inch marking equipment and shall be capable
of placing linear markings up to 8-inches in width in a single pass when used for placing
markings in widths other than 4-inches.
4. Have production capabilities considered satisfactory by the Engineer when used to
place markings other than solid or broken lines.
5. Be capable of placing centerline and no-passing barrier line configuration consisting of
one broken line and two solid lines at the same time, to the alignment and spacing shown
on the drawings.
6. Be capable of placing edgelines and broken lines simultaneously.
7. Be capable of placing lines with clean edges and of uniform cross section. All lines
shall have a tolerance of plus or minus 1/8-inch per 4-inch width.
8. The equipment shall be equipped with an automatic cut-off device (with manual
operating capabilities) to provide clean square marking ends and to provide a method of
applying a broken line with a stripe gap ratio of 15 to 25. The equipment shall be capable
of placing lines of all widths with clean edges and of uniform cross-section. Four inch
lines shall be 4-inch plus or minus 1/8-inch. Eight inch lines shall be 8 inches minimum
and 8 1/4-inches maximum in width.
9. The equipment shall provide mixing and agitation of the pavement marking material.
The use of pans, aprons, or similar appliances which cause overruns will not be permitted
for longitudinal striping applications.
10. The beads shall be applied by means of automatic bead dispenser attached to the
pavement marking equipment in such a manner that the beads are dispensed uniformly
and almost instantly upon the marking as the marking is being applied to the road
surface. The bead dispenser shall have an automatic cut-off control, synchronized with
the cut-off of the pavement marking equipment.
675.4 Construction Methods. The Contractor shall use a crew experienced in the work of
installing paint striping and in the necessary traffic control for such operations on the roadway
surface and shall supply all of the equipment, personnel, traffic control and materials necessary
for the placement of paint striping as shown on the drawings, or as directed by the Engineer. All
work shall be in accordance with the latest edition of the Texas Department of Transportation's
"Manual on Uniform Traffic Control Devices".
00675-1
Paint shall be applied with a minimum thickness of 10 mils, measured in the dry condition, prior to
adding any glass reflective spheres, as per specification Item 676 titled "Traffic Paint (Water
Based)" .
Markings may be placed on roadways either free of traffic or open to traffic. On roadways already
open to traffic, the markings shall be placed under traffic conditions that exist with a minimum of
interference to the operation of the facility. All markings placed under open traffic conditions shall
be protected from traffic damage and disfigurement.
The pavement surface to receive the striping shall be thoroughly cleaned of all dirt, organic
growth, oil, grease, or other materials that will prevent adhesion of the paint to the roadway
surface.
Guides to mark the lateral location of pavement markings shall be established by the Contractor.
The Engineer shall verify the location.
Materials used for pilot markings and equipment used to place such markings shall be approved
by the Engineer.
The striping shall be placed in the proper alignment with the guides established on the roadway.
The deviation rate in alignment shall not exceed 1-inch per 200 feet of roadway. The maximum
deviation shall not exceed 2-inches, nor shall any deviation be abrupt.
Markings shall essentially have a uniform cross section. The density and quality of markings shall
be uniform throughout their thickness.
The applied markings shall have no more than five percent, by area, of holes or voids and shall
be free of blisters.
Glass beads shall be applied by an automatic bead dispenser attached to the pavement marking
equipment in such a manner that the beads are dispensed uniformly and almost instantly upon
the marking as the marking is being applied to the road surface. Where two coats of traffic paint is
used to achieve the required dry mil thickness, beads shall only be applied to the second coat.
Glass reflective spheres for traffic paint shall be applied in accordance with the Item, "Glass
Reflective Spheres for Traffic Paint". Under no circumstances shall the bead application rate be
less than 7 1/2 pounds of beads per gallon of paint applied to the last coat.
675.5 Removal. When construction operations require the alteration of any pavement marking,
the Contractor shall provide for the complete removal of any markings to the satisfaction of the
Engineer. Removal of the markings shall leave no discernible evidence of the marking having
ever been in place. Removal of pavement striping and markings shall be in accordance with the
Item, titled "Removing Pavement Stripings and Markings". No direct payment shall be made for
striping and marking removal.
675.6 Measurement. Measurement shall be by the square foot of striping, complete and in place.
Payment for the following markers shall be by each unit:
a) Handicapped Markers
b) Left and Right Turn Arrows
c) The words "ONL Y"
d) Railroad Crossing Markers
~...-
All other markers shall be paid for by the square foot.
00675-2
675.7 Payment. Payment for paint striping shall be made at the contract unit price bid per square
foot, regardless of color.
Payment for those markers listed under measurement shall be paid for at the contract unit price
for each unit.
00675-3
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 TECHNJCAL
SPECIFICATIONS.
1.03 Submittals
Manufacturers' catalog sheets and other pertinent information on geotextile fabric.
PART Z - PRODUCTS
2.01 Filter Fabric
Provide woven or nonwoven geotextire 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 D-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
sl:1all exceed 7CJO/Q after 500 hours of exposure (ASTM D4355). Representative
Manufacturers: Mariti 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 clearing 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.
D. Inspect and repair or replace components of an 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 acoepted by the Owner.
Remove erosion and sedimentation control systems promptly when directed by the
Owner. Disoard removed materials offsite.
00708-1
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 stabirized 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, t~mping, and rolling soil in a maximum of 8-inch layers.
Compaction density shan be at a minimum of 90 percent Standard Proctor ASTM D-698-
78 density. Make at least one test per 500 cubic yards of embankment.
G. Equipment and vehicles shall be prohibited by the Contractor from maneuvering on
areas outside of dedicated rights-of-way and easements for construction. Damages
caused by construction traffic to erosion and sedimentation control systems shall be
repaired immediately.
H. Contractor shan 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 shan 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. Include 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 tfle 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 incidental expenses for construction of these
items, complete in place, including, but not limited to, protection of trees, maintenance
requirements, repair and replacement of damaged sections, removal of sediment
00708-2
deposits, and removal of erosion and sedimentation control systems at the end of
construction.
END OF SECTION
"
00708-3
TECHNICAL SPECIFICA nONS
ITEM NO. 00724A
STABILIZED CONSTRUCTION EXIT
PART 1 - GENERAL
1.01 Description
This Item describes the installation of erosion and sedimentation control stabilized
construction exits 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
A. Manufacturers' catalog sheets and other pertinent information on geotextile fabric.
B. Sieve analysis of aggregates conforming to requirements of this Item.
PART 2 - PRODUCTS
2.01 Separation Geotextite
Provide woven or nonwoven geotextile fabric made of either polypropylene, polyethylene,
ethylene, or polyamide material. Geotextile fabric shall have minimum grab strength of
270 psi in any principal direction (ASTM 04632) and the equivalent opening size
specified on PLANS. Both the geotextile and threads shari be resistant to chemical
attack., mildew and rot.
2.02 Coarse Aggregates
A. Coarse aggregates shall consist of crushed stone, gravel, crushed blast furnace slag,
or combinations thereof. Particles shan compose of clean, hard, durable materials free
from adherent coatings, salt, alkali, dirt, clay, loam, shale, soft or f1ak.y materials, or
organic and injurious matter.
S-. Coarse aggregates shall conform to the following gradation requirements.
Sieve Size Percent Retained
(Square Mesh) (By Weight)
2%" 0
2" 0-20
1%" 15-50
%U 60-80
No.4 95-1 00
2.03 Materials for Alternative Construction Methods
Use materials specified in PART 3 - 3.02.J.
00724A-1
PART:f - EXECUTION
3.01 General
A. Provide erosion and sedimentation control systems at the locations shown on PLANS.
Such systems shall be ot the type indicated and shall be constructed in accordance with
the requirements shown on PLANS and set out in this Item.
B. No clearing and grubbing or rough cutting, other than as specificany 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.
D. Inspect and repair or replace components of aU erosion and sedimentation control
systems as specified for each type of system. Unless othefWise directed, maintain the
erosion and sedimentation control systems until the project is accepted by the Owner.
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. It 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 wilf 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. It sediment has been contaminated, it needs to be disposed ot in
accordance with existing federal, state and local regulations.
F. Equipment and vehicles shall be prohibited by the Contractor from maneuvering on
areas outside ot dedicated rights-ot-way and easements for construction. Damages
caused by construction traffic to erosion and sedimentation control systems shall be
repaired immediately.
G. 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 operation under this Contract in conformance with the erosion control
practices described in that Item.
3.02 Construction Methods
A. Provide stabilized access roads, subdivision roads, parking areas, and other on-site
vehicle transportation routes when shown on PLANS.
B. Provide stabilized construction exits, and truck. washing areas when approved by
owner, of the sizes and locations shown on PLANS. Construction traffic shall not be
allowed to leave construction site and move directly onto public roadway, alley, sidewalk.,
parking area, or. other right-ot-way in areas other than at locations at stabilized
construction exits.
C. Vehides leaving construction areas shall have their tires cleaned to remove sediment
prior to entrance onto public right-of-way. When washing is needed to remove sediment,
Contractor shall construct a truck washing area. Truck. washing shall be done on
stabilized areas which drain into sediment traps.
D. Detail for stabilized construction exit is shown in DraWing attached at the end ot this
Item. Use the same specifications for construction ot all other stabilized areas. Roadway
width shalT be at least 14 feet for one-way traffic and ZO feet for two-way traffic and shall
be sufficient for all ingress and egress. Furnish and place geotextile fabric as a
permeable separator to prevent mixing of coarse aggregate with underlaying soil.
Exposure ot geotexfile fabric to the elements between laydown and cover shall be a
maximum of fourteen days to minimize damage potential.
00724A-2
E. Roads and parking areas shalf be graded to provide sufficient drainage away trom
stabilized areas. Use sand bags, gravel, boards, or similar methods to prevent sediment
from entering public right-ot-way, storm drain, ditch, and watercourse.
F. The stabilized areas shalf be inspected and maintained daily. Provide periodic top
dressing with additional coarse aggregates to maintain the required depth. Repair and
cleanout damaged measures used to trap sediment. All sediment spilled, dropped,
washed, or tracked onto public right-at-way shalf be removed immediately.
G. The length ot the stabilized area shall be as shown on PLANS, but not less than 50
teet. The thickness shall not be less than 8 inches. The width shall not be less than full
width of all points of ingress or egress.
H. Stabilization for other areas shall have the same course aggregate, thickness, and
width requirements as the stabilized construction- exit, except where specified otherwise
on PLANS.
I. Stabilized area may be widened or lengthened to accommodate truck. washing area
when authorized by Owner. Outlet Sediment Trap must be provided for truck. washing
area.
J. Alternative methods ot construction may be utilized when shown on plans, indicated on
a special provision to this Item, or when approved by the Owner. These methods include
the following.
1. Cement StabiUzed Soil - Compacted, cement stabilized soil, limestone
aggregate or other fill material in an application thickness of at least 8 inches.
2. Wood Mats/Mud Mats - Oak. or other hardwood timbers placed edge to edge
and across support wooden beams which are placed on top of existing soil in an
application thickness of at least 6 inches.
3. Steel Mats - Perforated mats placed across perpendicular support members.
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. Include cost of work performed under this Item in
Contract prices bid for items ot which this work is a component. When indicated in
PROPOSAL FORMS as pay item, measure and pay for stabilized construction roads,
parking areas, exits, and truck. washing area, if provided, by the square yard of aggregate
placed in 8-inch layer. Stabilized construction roads, parking areas, exits, and truck.
washing area, if provided, measured as stated, will be paid for at the unit price bid for
"Stabifized Construction Road & Exit, Complete In Place."
B. Payment for stabilized construction roads, parking areas, exits, and truck. washing
areas will include and be full compensation for all labor, equipment, materials,
supervision, and all incidental expenses for construction of these items, complete in
place, including, but not limited to, embankment and excavation, protection of trees,
maintenance requirements, repair and replacement of damaged sections, removal ot
sediment deposits, redressing ot aggregates and stones, and removal ot erosion and
sedimentation control systems at the end of construction.
END OF SECTION
00724A-3
TECHNICAL SPECIFICATION
ITEM 00741
GRAVEL BAG INLET PROTECTION BARRIER
FOR STAGE II INLETS
741.1 Description: This work. shalf consist of furnishing, installing, maintaining, and removing
temporary erosion protection and sediment control gravel bag inlet protection barrier for a stage II
inlet in accordance with these specifications and construction drawings, and as directed by the
Engineer. Gravel bag inlet protection barriers for stage II inlets are geotextile fabric bags filled
with clean gravel and placed around a stage II inlet, such as a curb inlet. This work shall be
perfonned during construction operations and prior to final stabilization to control erosion and
sedimentation.
741.2 Materials: Bags shall consist of geotextile fabric (filter fabric) made of long-chain synthetic
polymers composed of at least 95 percent by weight of polyolefins in a woven fabric. The
geotextile fabric shall meet the following specifications shown in Table 1 :
Geotextile Fabric Properties: The geotextile fabric used shall equal or exceed the stated
property values listed in Table 1 below:
Table 1 Requirements
Silt Fence Geotextile Fabric Properties Unsupported Silt Fence
Geotextile Geotextile
Supported Elongation Elongation
Units Silt Fence ~50% <50%
Grab Strength
Machine Ibs. 90 123 123
Direction
X-Machine Ibs 90 100 100
Direction
Pennittivity sec- 0.05 0.05 0.05
Apparent Opening Size
(maximum average roll mmlsieve 0.6/30 0.6/30 0.6/30
value)
Ultraviolet Stability 70 after 500 hrs 70 after 500 hrs 70 after 500 hrs
(Retained Tensile %
Strength) exposure exposure exposure
NOTES:
1. Table 1 adapted from AASHTO M 288 Geotextile Specification for Highway
Applications Table 6. Temporary Silt Fence Property Requirements.
2. All numeric values in Table 1 except Apparent Opening Size (AOS) represent
minimum average roll values (MARV). Values for AOS represent maximum
average roll values.
Geotextife fabric shall contain stabilizers and/or inhibitors to make the fabric resistant to
deterioration resulting from exposure to sunlight or heat. Geotextile fabric shall be resistant to
commonly encountered soil chemicals, mildew, rot, and insects. Geotextile fabric shall be free of
defects or flaws that affect its physical and/or filtering properties. Geotextire fabric shalT provide
an expected useable life comparable to the anticipated construction period.
00741-1
The bag size shall be as follows:
Length:
Width:
Thickness
18 to 24 inches
12 to 18 inches
6 to 8 inches
The bag shall be filled with open-graded gravel and weigh 50 to 125 pounds. The gravel shall be
free from adherent coatings, salt, alkali, dirt, clay, or organic and injurious matter. Clean coarse
sand may be substituted for the open-graded gravel only as approved by the Engineer. Nylon
rope shall be used to secure the closure of the gravel filled bag.
741.3 Construction Methods: No clearing and grubbing onough -cutting, other than as specifically
directed by the Engineer to allow for soil testing, surveying and installation of erosion protection
and sediment control measures, shall be permitted until sediment control and erosion protection
systems are in-place.
Gravel bag inlet protection barrier for a stage n inlet shall be installed at the locations shown on
the construction drawings and in accordance with the drawing attached to this specification or as
directed by the Engineer. Inlet protection barrier for a stage N inlet shall be constructed in
accordance with an approved schedule that clearly describes the timing during the construction
process that the various erosion control measures will be implemented. Inlet protection barrier for
a stage II inlet shall be installed so as surface runoff will percolate through the system and allow
sediment to be retained and accumulated.
Gravel bags for the inlet protection barrier shall be placed so as the gravel bags are placed on
each side of the curb inlet along the gutter line and continuously along the back of the curb inlet.
Gravel bags shall not be placed so as the throat of the inlet is blocked. Gravel bags shall be
placed in a row with ends tightly abutting the adjacent bag.
The Contractor shall inspect the gravel bag inlet protection barrier at least once every fourteen
calendar days, within 24-hours of the end of a storm event of 0.5 inches rainfall or greater, and
daily during prolonged rainfalls. The Contractor shall remove irregularities which will impede
normal flow. Erosion protection and sediment control systems shall be maintained by the
Contractor until final stabilization. Damage caused to erosion protection and sediment control
systems shall be repaired immediately.
The Contractor is responsible for removal and proper disposal of sediment and debris from the
inlet protection barrier system and as directed by the Engineer. Sediment and debris shall not be
allowed to flush into the storm sewer system, waterways, jurisdictional wetlands, or onto adjacem
properties. Sediment deposits shall be removed before they reach one-third of the height of the
gravel bags.
Uncontaminated sediment can be placed at the project spoil site or, if properly handled, spread
out to supplement fill requirements. The Engineer will designate how the sediment deposits are to
be handled. Uncontaminated sediment shall not be placed in waterways or jurisdictional
wetlands, unless as approved by the Engineer. Jf sediment has been contaminated, then it shall
be disposed of in accordance with the applicable federal, state, and local regulations. Offsite
disposal shall be the responsibility of the Contractor.
After final stabilization and at the direction of the Engineer, the Contractor, when required, shall
be responsible for removing all erosion protection and sediment control systems, that are not
permanent, from the project.
741.4 Qualify Assurance. The Contractor is responsible for the control of the qualify of materials
incorporated into the construction and the quality of completed construction. The City of La Porte
wm engage materials engineering servioes to provide quality assurance testing and inspection to
00741-2
assist the City of La Porte Engineer in determining the acceptability of materials and completed
construction. Quality assurance services provided by the City of La Porte do not relieve the
Contractor of his responsibility for quality control. The Materials Engineer shall not have control of
the means, methods, techniques, sequences or procedures of construction selected by the
Contractor.
741.5 Measurement and Payment. When paid for separately as a pay item, measurement and
payment for the gravel bag inlet protection barner for a stage \I inlet shall be by the linear foot,
complete and in-place, measurement being along the centerline of the inlet protection barner,
between the limits of the beginning and ending gravel bag.
Payment for a gravel bag inlet protection barner for a stage II inlet shall include and be full
compensation for all labor, equipment, materials, supervision, and all incidental expenses for
construction of this item, complete and in-place, including but not limited to furnishing and placing
all materials, maintenance requirements, repair and replacement of damaged sections, removal
and disposal of sediment deposits, and removal and disposal of erosion protection and sedimen1
control systems after final stabilization.
00741-3
SECTION 01300.
SUBMITTALS
1.0 PRIOR TO BEGINNING WORK
Submit the following items with the signed agreement form as a prerequisite to starting the work.
Prepare the number of copies which the Contractor requires for distribution plus three (3) copies to be
distributed by the Engineer. For structural shop drawings and calculations, provide one (1) extra copy for
distribution by the Engineer. The location of information conceming each submittal is referenced.
Failure to make any required submittal in acceptable form within the time frame specified may be
grounds for withholding payment.
a. Performance Bond. Bidding Documents, Contract Forms, General and Supplementary
Conditions.
b. Labor and Material Payment Bond. Bidding Documents, Contract Forms, General and
Supplementary Conditions.
c. Certificate of Insurance. General and Suppfementary Conditions.
d. List of Subcontractors. General and Supplementary Conditions.
e. Material and Eauipment List. Supplementary ConcfJtions and specification sections.
f. Construction Schedule. General Conditions and as specified in the section on Construction
Schedule.
2.0 DURING CONSTRUCTION
During the progress of the work make the following submittals in a timely manner to prevent any delay in
the work.
a. Work Schedules. Submit progress schedules monthly as an evidence that the project wilt be
ready for occupancy by the date of substantial completion. Four (4) copies are required.
b. Shop Drawinas. Product Data. and Samples. Submit, in accordance with the section on Shop
Drawings, Product Data and Samples included in Division 1, General Requirements.
c. Application for Payment. Submit applications for partial payment as specified in the General and
Supplementary Conditions and within the time specified in the agreement.
d. Chance Order Proposal. A proposal for change order may be submitted to the Engineer
whenever a need arises. The request must be in writing and must include sufficient information to
assess the need for a change in the work, the contract time, or the contract sum.
3.0 PROJECT CLOSEOUT
With a written notice of completion submit the following items in the proper form as a condition of final
acceptance of the work:
a. Proiect Record Documents. Submit in accordance with the section on Project Record Documents
included in Division 1, General Requirements.
b. Guarantees. Warranties and Bonds. As required in the General and Supplementary Conditions
and listed in various sections of the specifications.
01300-1
END OF SECTION
01300-2
TECHNICAL SPECIFICATION
LABORATORY SERVICES
ITEM 01410
1.0 GENERAL
1.1 PAYMENT
a. The Owner will employ and pay for services of an independent testing laboratory to perform
specified testing.
1.2 RELATED WORK
a. General Conditions of the Contract for Construction. Inspections and testing required by laws,
ordinances, rules and regulations, or orders of public authorities are the responsibility of the Contractor.
b. Specification Sections. Contained in the various specification sections are requirements for
certification of products, testing, adjusting and balancing of equipment, and other tests and standards.
c. Division 2. Site Work. Subsurface exploration.
1.3 WORK INCLUDED
,-
Testing is required in accordance with standard City of Missouri City Specifications.
2.0 TESTING LABORATORY
2.1 QUALIFICATIONS
a. Standards.
(1) Meet "Recommended Requirements for I ndependent Laboratory Qualification," latest
edition, published by American Council of Independent Laboratories.
(2) Meet basic requirements of ASTM E-329, "Standards of Recommended Practice for
Inspection and Testing Agencies for Concrete and Steel as Used in Construction."
(3) Submit copy of report of inspection of facilities made by Materials Reference Laboratory of
National Bureau of Standards during most recent tour of inspection, with memorandum of
remedies of any deficiencies reported by inspection.
2.2 DUTIES
a. Cooperate with the Engineer and Contractor and provide qualified personnel promptly on notice.
b. Perform specified inspections, sampling and testing of materials and methods of construction:
(1) Comply with specified standards, ASTM, other recognized authorities, and as specified.
01410-1
TECHNICAL SPECfFrCA liON
ITEM 02220
EXCAVATION, TRENCHING AND BACKFILLING FOR UTILITIES
1.0 GENERAL
1.1 SCOPE
This section provides for excavation, trenching and backfilling for stonn sewers, sanitary sewers, water
distribution mains, and other utility systems and appurtenances.
1.2 RELATED WORK
a. Division 2. Site Work.
(1) Sanitary Sewers
(2) Cement-Sand Backfill
(3) Stonn Sewers
(4) Manholes
(5) Water Distribution Mains
(6) Trench Safety System
1.:f MEASUREMENT AND- PAYMENT
No separate payment will be made for work perfonned under this section. Include the cost of such work in
contract prices for the items listed in the bid fonn and specified in other sections of this work.
2.0 PRODUCTS
2.1 CEMENT -SAND BACKFILL
Prepare cement-sand backfill as specified in the section on Cement-Sand Backfilf, Division 2, Site Work.
2.2 BANK SAND
Obtain bank sand from an approved source. Use sand that is free from clay lumps, organic and other
deleterious material. and having a plasticity index of four (4) or less.
3.0 EXECUTION
02220-1
3.1 EXCAVATION
a. Procedure. Excavate to indicated or specified depths.
(1) During excavation, pile material suitable for backfilling in an orderly manner far enough from
the bank of the trench to avoid overloading, slides or cave-ins.
(2) Remove any waste as indicated or directed including all excavated materials not required or
suitable for backfin.
(3) Grade as necessary to prevent surface water from flowing into trenches or other
excavations. Remove any water accumulating in trenches or other excavations, using
pumping or other approved means.
(4) Excavate by open cut with trenching machine or backhoe. Where machines other than
ladder or wheel type trenching machines are used, do not use excavated material
composed of large chunks or clods for back-fill, but dispese of such material and provide
other suitable material for backfill without additional expense.
b. Trench Excavation.
(1) Dig the trench the proper width for laying pipe, as shown. Trench width in the pipe zone
shall not exceed" pipe 0.0. plus 24 inches. Cut banks of pipe trench as nearly vertical as
practical. Remove stones as necessary to avoid point-bearing. Over excavate wet or
unstable soil from the trench bottom to permit construction of a more stable bed for pipe.
(2) Backfill the trench to the proper grade with granular material.
(3) Be careful not to over excavate. Accurately grade the trench bottom to provide uniform
bearing and support for each section of pipe on undisturbed soil at every point along its
entire length, except where necessary to excavate for bell holes and for proper sealing of
pipe joints. Dig bell holes and depressions for joints after the trench bottom has been
graded. Make bell holes and depressions for joints no deeper, longer or wider than needed
to make the joint properly.
c. Sheefina and Bracina. Install in trenches and other excavations with vertical sides, sheeting and
bracing necessary to support the sides. Sheeting may be pulled after excavation has been
backfilled, but not without approval.
d. Pipe Beddina.
(1)a Class AA Beddina. 36-inch (36") diameter pipe and smaller. Accurately grade the bottom
of the trench four-inches (4'') below the bottom of the pipe. Place cement stabilized sand
seven-inches CT'') deep and shape to conform to the bottom of the pipe. The minimum
cement sand thickness under the pipe shall be four-inches (4''). After the pipe has been
installed, backfifl with thoroughly rodded cement stabilized sand, to a level of six-inches (6")
above the top of the pipe.
02220-2
(1)b Class AA Beddina. 4Z-inch (42') to 1 U8-inch (ms) diameter pipe. Accurately grade the
bottom of the trench six-inches (6'') below the bottom of the pipe. Place cement stabilized
sand 10 inches deep for 42-inch (42'') to 60-inch (60") pipe or 14-inches deep for 66-inch
(66j to 10B-inch (108'') pipe and shape to conform to the bottom of the pipe. The minimum
cement sand thickness under the pipe shall be six-inches (6"). After the pipe has been
installed, backfill with thoroughly rodded cement sand to a level six-inches (6") above the
top ofthe pipe.
(2) Class A Beddina. Accurately grade the bDttom of the trench four-inches (4j below the
bottom of the pipe and to the width shown. Place four- inches (4j of cement-sand backfill.
Install the pipe and place additional cement-sand backfill. Compact around the pipe to a
depth % the outside diameter of the pipe.
(3) Class B Beddina. Accurately grade and around the bottom of the trench to support the
bottom qlladrant of the pipe uniformly on undisturbed soil at every point along its entire
length. Dig bell holes and depressions for joints after the trench bDttom has been graded so
the pipe win rest on the prepared bottom for nearly its full length as practical. Cut ben holes
and depressions only as long, deep and wide as required for properly making the particular
type of joint.
(4) Class C Beddina. Accurately grade the bottom of the trench six-inches (61 below the
elevation of the normal pipe installation and to the width shown. Place and compact six-
inches (6j of bank sand in the trench before the pipe is laid. After the pipe is laid, place a
minimum compacted depth of 12-inches (121 over the top of the pipe to provide a
compacted encasement surrounding the pipe.
3.2 UTJUTY rNSTALLA nON
a. Storm and Sanitary Sewers. Limit clear space on either side of the pipe to nine-inches (9j at and
below the top of the pipe. Above the pipe, cut as wide as necessary to sheet and brace and properly
perform the work. Provide bedding as per City of Houston standard Specifications, City of Houston
Standard Construction Details, and as shown on the drawings.
b. Water Distribution Lines. Grade trenches to avoid high pOints requiring vacuum and renef valves in
waterlines. Provide a minimum cover over the top of the pipe of four feet (4'), or as shown on drawings,
from the existing ground surface or the adjacent top of curb, whichever is lower. Avoid interference of
waterlines with other utirlfies. Provide bedding per City of Houston Standard Construction Specifications,
and Standard Construction Details.
c. Electrical System. Banks of trenches for electrical cables and duct nnes need not be kept vertical
but may be sloped or widened to such general limits as may be set, provided there is not interference with
other utilities.
(1) Over-excavating and backfilling with suitable selected material where rock is encountered
will not be required except for a gradual cushioning toward points of abrupt dropoff of the
rock to levels considerably below the grade of the duct.
d. Excavation of Appurtenances. Excavate sufficiently for manholes and similar structures to leave at
least two-feet (2') clear between the outer surfaces and the embankment or timber that may be used to
hold and protect the banks. Any over-depth excavation below such appurtenances not directed will be
considered unauthorized and will be refilled with sand, gravel or concrete, as directed, at no additional
cost.
02220-3
3.3" PROTECTION OR" REMOVAL OF UTIUTY LINES.
Existing utility lines shown on drawings or known to the Contractor prior to excavation and that are to be
retained, as well as utility lines constructed during excavation operations must be carefully protected and
satisfactorily repaired if damaged. Any damage to lines not shown should be reported immediately.
When utirrty lines that are to be removed are encountered, notify the Engineer so that measures can be
taken to avoid ~nterruption of services.
3.4 BACKFlLUNG
a. Criteria. Do not backfill trenches until the utility systems that are installed to conform to specified
requirements of the appropriate sections. Backfill trenches to ground surface with selected material as
specified for embankments under applicable sections in Division 2, Site Work.. Reopen trenches
improperly back-filled to depth required for proper compaction. Refill and recompact as. specified, or
otherwise correct the condition in an approved manner. Compaction shall be by mechanical means.
Water tamping is not allowed.
b. Open Areas.
(1) In the pipe zone, deposit backfill material in layers no thicker than six-inches (6'~. Compact
to 95 percent (95%) AASHTO Density, Test Method T-99 at minus three percent (-3%) to
plus fIVe percent (+5%) of optimum moisture content, until there is a cover of not less than
one-foot (1') over utility lines. Use selected backfill material of optimum moisture content.
Take special care not to damage pipe wrapping or coating.
(2) Above the pipe zone, deposit backfill in 12-inch (12j layers. Compact each layer to 90
percent (90%) AASHTO Density, Test Method T-99 , at minus three percent (-3%) to plus
five percent (+5%) of optimum moisture content.
c. Pavement Sections.
(1) In the pipe zone, deposit cement-sand backfill in layers six inches (6'~ or thfnner. Compact
each layer to 95 percent (95%) of AASHTO Density, Test Method T-99, at minus three
percent (-3%) to plus five percent (+5%) of optimum moisture content.
(2) Above the pipe zone, deposit cement-sand backfill in 1Z-inch (12'1 layers and compact to 95
percent (95%) AASHTO Density, Test Method T-99 at minus three percent (-3%) to plus five
percent (+5%) of optimum moisture content. Place compacted cement-sand to within one-
foot (11 of proposed subgrade. Cure cement-sand layer at least three (3) days before
placing pavement on top of it.
3.5 TEST FOR" D1SPLACEMENT OF SEWERS
After the trench has been backfilled to two-feet (2~ above the pipe and tamped as specified, check the
alignment as fortows. Flash a light through the sewer between manholes. Use a flashlight or reflect
sunlight with a mirror. If the illuminated interior of the pipeline shows poor alignment, pipe displacement,
or other defects, remedy them satisfactorily.
02220-4
END OF SECTION
02220-5
TECHNrCAL SPECrFTCATION
ITEM 02227
WASTE MATERIAL orSPOSAL
1.0" GENERAL
1.1 DESCRIPTION
Waste material disposal consists of disposal of trees, stumps, logs, brush, roots, grass, vegetation,
humus, rubbish and other objectionable matter from operations such as clearing and grubbing,
excavation and grading. Unless otherwise specified, the Contractor is responsible for removal and
disposal of waste material.
1.2 PAYMENT
No separate payment wilT be made. Include cost of work in contract bid prices.
2.0 PRODUCTS
a. Specific products are not required. Use equipment and materials necessary to properly complete
disposal of waste materials.
b. Obtain approval for equipment and materials before beginning disposal of waste materials.
:f.G EXECUTION
All waste material becomes the property of the Contractor and is to be removed from the worksite and
legaJry disposed of in a manner not to damage the Owner. All rules of the Texas Natural Resource
Conservation Commission, Texas Air Control Board, and U.S. Environmental Protection Agency shall be
followed in the disposal of waste material.
If regulations require, provide "cradle-to-grave" documentation of the disposal including manifests.
3.1 DISPOSAL AREA
a. The Owner will designate areas within limits of this property for disposal of waste materials.
b. Strip the disposal area of vegetation, humus or other debris. Strippings become property of
Contractor to be disposed of with other waste materials.
c. Protect trees designated for preservation. Take special care not to damage trees designated for
preservation which are outside limits of waste disposal areas.
3.2 COMPACTION AND GRADING
Compact waste materials to the density of the surrounding area. Shape the area for proper drainage.
Place excess topsoil on waste material in an even layer not greater than three-inches (3") thick and grade
smooth.
END OF SECTION
02227-1
ITEM 02500
HDPE STORM SEWER
. ,
1 n d n H ~ n:
\, \ 'I ~ I' ~ " .:. I
\ ':. _ -:;...tt'" '" J.;'
Advanced Drainage Systems, Ine.
4640 TmemanBoulevard
Hinard, OH43026
(800) 733-7473
ADS N-12 CORRUGA.Um HDPE PIPE SPECIFICATIONIPRQDUCT DESCRIPTION
SCOPE
ADS N-12T11l pipe is smooth inside and available in 4" - 6<r diameten;,in nominal20-ft.Iengl:hs. Pipe can he solid or
(lfIfond:edlslatted. Configw-ation is N-12T.1l (cortugal:ed out:sidel1ilIlDDth inside) in 4" - 60" di81l1e.ters.
APPLICATION
General gravity drainage, slam, sub-drainage, andlcr sewer.
SPECIFICATIONS
Pipe and fittings meet the requirements of AASHTOM-252 (3" -IO"),M-294 (12" and Iargei), TypeS (eorrugated outside--srnooth
inside. 4" - 60"), and MP7 (60" Type S).
JOINT OmONS&. PERFORMANCE:
1. Non-gaskc:tedjoints are internal or ex:tema! couplers covering a minimum of two corrugations at each cod.
2 Gasketed non-watertight joints (Soil tight per AASHTO sectioo 26): Gaskets may be architectural wea1her-stripping material
per ASTMD-I056, errubberper ASTMF-477.
3. Gasketed, int.egraI bell/spigot with a robber gasket meeting ASTM F-477 insl:a!led on the spigot end.
4. Gasket.ed, lab test certified I o.ll psi joints: beD/spigot with a rubber gasket meeting ASTM F -477 installed llIl the spigot end.
5. Repair or Adapter Couplcr. 5.0 psi tested HOPE wrap-around sleeve with Belf.ccntained tightening BlIaps. furnished by lhe pipe
IDl\DtIfacturer.
INSTAILATION
Installation sball beper local agcocy requiremcols CS" manufacturer's published recommendations with a minimmn cover for H - 25
loading shall be onefooc through 4& and two-feet fer diameters greal:fl" than 60".
f-- P---i
nrv ~l
N-12 PROPERTIES
PIPE INSIDE Oll"rSIDE PITCH, CORRUGATION
SIZE DIA. D1A P HEIGHTS. H
4" 4.1.0- 4.'78" 8.66" 0.3<4
10llmm IlJ4mm 120mm 17_ 9mm
6" 6.00- 6.92" o:rr 0.46"
ISIImm 152_ 176mm 20mm 12mm
I" 7.90- 9.11" 0.96" 0.01"
20llmm 21lllmm 233 mm 24mm 15mm
In- 9.90- 11.36" 1.26" 0.13"
25IImm 251 mm 2&7mm 32mm 19mm
12" 12.lS" 14.4S" 1.92" US"
300 mm 31lllmm 307 mm 41lmm 29mm
I!" IHll" 17.57" 2.59"" 1.30"
J7511lDl 380mm 448mm 60_ JJmm
IS'" 1!.ll7" 21.20" 2.66'" 1.57"
450mm 459 _ S361>llIl 68mm 40mm
2(" 24.or 27.80- lIS" 1.86"
6001lllD 612= 719mm 80mm 47mm
3D" 30.00- 35.1n- 4.12" 255"
7S111ll1D 762_ 81J2mm 105mm 65JIlm
3i\" 36.00- 41.70- 5.14" 2.8S"
91lllmm 914mm I OSP mm l3J mm 72mm
PIPE 1NSIIIE OUTSIDE PITCH, CORRllGATION
DIAMDER IIL\METER P HEIGHTS, H
EIZE
4T 41.4IJ" 447.70- S.l!l" 3.1S"
1lJ)0= 1lJ)2l11l11 1212mm 132 DIlD KIlmm
4ll" 47.60" 53.60- 5.2!" 3.110"
121J0_ 121J9Dll1l 1361mm 1l3Dll1l 76mm
00- 59 50" 66.30- 6.00- 3.40"
1500 _ 1511 DllIl 1614 mm 1521ll1D 86_
File: N-12 Pipe Spec
Date: November 1999, Revised August 2002
02500-1
TECHNrCAL SPECrFTCATION
ITEM 02513
CONCRETE DRAINAGE STRUCTURES
f.U GENERAL
1.1 SCOPE
This section provides for the construction of concrete drainage structures and inlets.
1.2 RELATED WORK
a. Division 2. Site Work.
(1) Excavation, Trenching and Baclcfilling for Utilities
(2) Concrete Construction for Structures
1.3 MEASUREMENT AND PAYMENT
a. Drainage structures and inlets will be measured and paid for at the bid price for each item.
b. No payment will be made for extra depth.
2.0 PRODUCTS
a. Forms. Reinforcina Steel and Concrete. Refer to the section on Concrete Construction for
Structures.
b. Cast Iron. Furnish cast iron conforming to ASTM A-48 for Class 20 gray cast iron. Provide clean
and perfect castings, free from sand, blow holes or other defects. Holes in the cover must be
clean and free from plugs.
c. Precast Concrete Inlets. Construct precast concrete inlets to sizes shown and of materials
specified in applicable sections of these specifications. Precast concrete inlets may be used in lieu
of cast-in-place concrete inlets.
3.0 EXECUTION
a. Excavation and Back.fillina. Carry out the excavation and back.fill for concrete drainage structures
as specified in the section on Excavation, Trenching and BackfiRing for Utilities. Excavate to
required grades. Dig excavation pits not farther than four (4) feet from the outside wall of the
structure.
b. Concrete Construction. Construct concrete drainage structures in accordance with applicable
sections of Division 3, Concrete in regards to forms, reinforcing steel, concrete and finishing.
c. Class of Concrete. For drainage structures, furnish Class A concrete with 3000 psi compressive
strength in 28 days.
d. Exposed Concrete. Give exposed concrete a rubbed finish. See the section on Concrete
Construction for Structures. Chamfer exposed edges %-inch (%'').
END OF DOCUMENT
02513-1
TECHNICAL SPECIFICATION
ITEM 02530
DEWATERING AND DRAINAGE OF EXCAVATION
1.0 GENERAL
1.1 SCOPE
This section provides for furnishing all labor, materials, equipment, power and incidentals, and for
performing all operations necessary to dewater, drain and maintain excavations and foundation beds as
described herein and as necessary for construction of structures and appurtenances. Included are
construction, maintenance and removal of cofferdams; removal of standing water, surface drainage and
seepage from excavation or other work, and protecting work against rising waters and floods, and repair
of any resulting damage.
1.2 C-DNTRACTOR'S RESPONSralLITY
Assume sole responsibility for dewatering systems and for all loss or damage resulting from partial or
complete failure of protective measures. Owner will require that Contractor Foreman be responsible for
preventing any flooding due to construction in ditch or bayou. The Foreman must be on-site during all
construction hours and available for immediate action using any equipment necessary during the evening
hours.
1.3 PLANS AND OTHER DATA TO BE SUBMITTED
Submit plans for review of proposed methods of dewatering, foundation drainage and diversion, in
accordance with sound engineering practice. Do not start dewatering without written approval from the
Engineer.
1.4 RELATED WORK
Division 2. Site Work - Embankment.
1.5 MEAS-UREMENT AND PAYMENT-
No separate payment will be made for work performed under this section. The Contractor is to maintain
adequate drainage of the project site for construction purposes under an circumstances.
2.0 PRODUCTS
Contractor may use equipment and material desired.
3.0 EXECUTION
3.1 DEWATERING EXCAVATIONS
Furnish, install, operate and maintain all necessary pumping for dewatering the various parts of the work
and for maintaining free of water the foundations and such other parts of the work as required for
construction operations. Provide manpower and all equipment necessary to prevent any flooding that
could occur due to rainfall (day or night) that cannot drain due to construction. Also, as required for
inspections and safety, or for any reason determined by the Engineer to be desirable.
END OF SECTION
02530-1
Section 02722-
Engineered Surface Drainage Products
GENERAL
PVC surface drainage inlets shall be of the in line drain type as indicated on the contract
drawing and referenced within the contract specifications. The ductile iron grates (12" and 15"
frames are cast-iron) for each of these fittings are to be considered an integral part of the
surface drainage inlet and shall be furnished by the same manufacturer. The surface drainage
inlets sharr be as manufactured by Nyloplast a division of Advanced Drainage Systems, Inc., or
prior approved equal.
MATER1ALS
The inline drain required for this contract shall be manufactured from PVC pipe stock, utilizing a
thermo-molding process to reform the pipe stock to the furnished configuration. The drainage-
pipe connection stubs shall be manufactured from PVC pipe stock and formed to provide a
watertight connection with the specified pipe system. This joint tightness shall conform to ASTM
D3212 for joints for drain and sewer plastic pipeJusing flexible elastomeric seals. The pipe bell
spigot shall be joined to the inline drain body by use of a swage mechanical joint. The pipe
stock used to manufacture the inline drain body and pipe bell spigot of the surface drainage
inlets shall meet the mechanical property requirements for fabricated fittings as described by
ASTM 03034, Standard for Sewer PVC Pipe and Fittings; ASTM F1336, Standard for PVC
Gasketed Sewer Rttings.
The grates furnished for all surface drainage inlets shall be ductile iron grates for sizes 8", 1 0",
12",15", 18",24" and 30" (12" and 15" frames are cast iron) shall be made specifically for each
fitting so as to provide a round bottom flange that closely matches the diameter of the surface
drainage inlet. Grates for inlfne drains sharr be capable of supporting K-25 wheel loading for
heavy-duty traffic or H-1 0 loading for pedestrian traffic. 12" and 15" will be hinged to the frame
using pins. Metal used in the manufacture of the castings shall conform to ASTM A536 grade
70-50-05 for ductile iron and ASTM A-48-83 Class 30B for 12" and 15" cast iron frames. Grates
shall be provided painted black.
INSTALLATION
The specified PVC surface drainage inlet shall be installed using conventional flexible pipe
backfill materials and procedures. The backfill material shall be crushed stone or other granUlar
material meeting the requirements of class 1 or 2 material as defined in ASTM 02321. The
surface drainage inlets shall be bedded and back-filled uniformly in accordance with ASTM
02321. For H-25 Load rated installations, an 8" to 10" thick concrete ring will be poured under
TECHNICAL SPECI"F1CATIONS
ITEM NO. 4241
HYDRO-MULCH SEEDING
PART1- GENERAL
1.01 Description
A. Scope: The work covered by this Item consists of furnishing all plant, labor,
materials, equipment, supplies, supervision and tools, and performing aU work
necessary for topsoiling, smoothing, seeding, fertilizing, watering,
maintenance, and cleanup of all areas disturbed during construction, all in
accordance with the drawings and TECHNICAL SPECIFICATIONS.
B. General: The hydro-mulch seeding operations, together with all other
necessary related work, to conform to the requirements specified in this Item.
The area to be hydro-mulch seeded to be noted on PLANS.
PART 2 - PRODUCTS
2.01 Materials
A. Seed: All seed must meet the requirements of U.S. Department of
Agriculture Rules and Regulations as set forth in Federal Seed Act and Texas
Seed Law. Use seed which has been treated with an approved fungicide.
Container labels should show locality and date of harvest, percent purity,
percent germination, name and type of seed, and sources of origin. Type of
seed, purity and germination requirements, rate of application, and planting
dates are as follows:
Seed Type Rate of Application in Planting Dates
Pounds per Acre
(Pure Live Seed)
A. Hulled Bermuda Grass 30 Oct. 1 to Apr. 15
Unhulled Bermuda 20
Grass 15
Annual Rye Grass
(Gulf) or KY-31 Tall
Fescue
B. Hulled Bermuda Grass 60 Apr. 15 to Oct. 1
Foxtail Millet 15
B". Fertilizer: Fertilizer to be water soluble with analysis of 10 percent nitrogen,
20 percent phosphate, and 10 percent potash (10:20:10 N:P:K). Rate of
application to be 300 pounds per acre except during the periods of April 15
through June 15, when the rate will be increased to 400 pounds per acre.
04241-1
C. Mulch: Provide commercial quality wood fiber mulch consisting of wood
cellulose fiber mulch made from recovered wood materials. Rate of
application to be 2,000 pounds per acre. Provide organic biodegradable
tackifier manufactured from mucilloids or guar gum. Apply at a rate
recommended by the manufacturer. Other soil binder compounds may be
appHed at the direction of the Engineer.
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 clearing and grubbing or rough cutting, other than as specifically
directed by the Owner to allow soil festing and surveying, shalf 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 systems.
D. 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. Remove erosion and sedimentation control
systems promptly when directed by the Owner. Discard removed materials
offsite.
E. Remove and dispose of sediment deposits at the project spoil site. If a
project spoil site is not designated on PLANS, dispose of sediment offsite at
location not in or adjacent to stream or floodplain. Off-site disposal will be the
responsibility of the Contractor. Sediment to be placed at the project sile
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. Equipment and vehicles shalT 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.
G. 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.
04241-2
3.02 Construction Methods
After areas to receive hydro-mulch seeding have been completed to lines,
grades, and sections shown on PLANS, apply seed, fertilizer and mulch at
uniform average rates indicated in Paragraph 2.01 Materials.
3.03 Maintenance
The hydro-mulch seeding to be adequately watered until established. Any
areas damaged by erosion or areas that do not have an acceptable turfing to
be reseeded. An acceptable turfing area is when at least 70 percent of the
seeded area is estabfrshed. Inspect seeded area after each rainfan, daily
during periods of prolonged rainfall, and at minimum once a week. Repair or
replace damaged section.
3.04 Measurement and Payment
Measure by square yard as indicated in PROPOSAL. Payment for work under
this Item will be made at Contract price for "Hydro-Mulch Seeding", which
price to be full compensation for all fertilizer, seed, equipment, materials, and
labor necessary for fertilizing and seeding, inspection, maintenance, repair
and replacement, and removal of silt deposits.
END OF SECTION
04241-3
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: July 23. 2007
Requested By: Wayne !/'s~
I
Source of Funds:
NA
Account Number:
NA
Department:
Planninl.!
Amount Budgeted: NA
Report: --X-Resolution: _Ordinance:_
Amount Requested: NA
Attachments:
Ordinance
P&Z Staff Report
Aerial Map
Site Plan
Budl.!et Item:
NA
SUMMARY
On June 21, 2007, the Planning and Zoning Commission considered Special Conditional Use Permit #SCU 07-005
for a proposed office/warehouse facility 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 5.914 acre tract being Reserve C3 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. The attached SCUP is identical to those previously approved by
Council for other speculative buildings within the project site.
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 101 Old Underwood Road. To the east, a 44 acre tract is reserved for detention purposes. The project
has an approved General Plan and Final Plat. The first phase of the business park development started in May 2005,
with a project known as Poly One. 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. At
present, 60% ofthe business park has been completed.
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 07-
005 with the conditions as listed in the SCUP attached herewith.
Action Required by Council:
1. Conduct a Public hearing.
2. Consider Planning and Zoning Commission recommendation to approve Special Conditional Use Permit
#SCU 07-005 for a 5.914 acre tract being Reserve C3 out of:!:207 acres ofland located along Old
Underwood Road south of State Highway 225 and Union Pacific Railroad.
Approved for City Council Al!enda
"/17 } ,')"
~
ORDINANCE NO. 1501- W~
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 #SCU07-005 FOR THAT CERTAIN
PARCEL OF LAND DESCRIBED AS FOLLOWS, TO-WIT: 5.914 ACRE TRACT, BEING RESERVE
C3, OUT OF :1:207 ACRES OF LAND (LOCATED 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 OFFICE/WAREHOUSE FACILITY "CDC
SPEC.#18" 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 21st day of June, 2007, 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 June 21, 2007, 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 2nd day of July, 2007, 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- W 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 23rd day of July, 2007, 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:
5.914 acre tract, being Reserve C3, out of :t207 acres of land located along Old
Underwood Road south of State Highway 225, in 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
ORDINANCE NO. 1501- WS-
Page 3
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 th.P<31J day ofSul'f' 2007.
CITY at LA PORTE c-)
By: ~,y~
ALTON PORTER, Mayor
ATTEST: r
By:~))Jj
MA T A GILL IT, City Secretary
APPR~
By: vf' r ~A~'
CLARK ASKINS, Assistant City Attorney
~SCUU7-UU5
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City
of La Porte, and the provisions ofthe Texas Local Government Code, notice is hereby given that the
La Porte Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 21st
day of June, 2007, 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
#SCU07-005, for 5.914 acres ofland being Reserve C3, Underwood Business Park located in the
Enoch Brinson Survey, Abstract No.5, La Porte, Harris County, Texas. Clay Development &
Construction Inc., is seeking approval of a permit for the proposed development of office warehouse
facility known as CDC Spec. bldg. 18 to be located at 10053 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 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) 471-5030for further information.
llHI"n^ A
Commission pro or
con. during the Public
Hearing ~wllI'.. be re-
quired to sign in be-
L" fore . the meeting is
( convened.
1
B
281-471-1234
Fax 281-471-5763
"eet
l7571
CITY OF LA PORTE
Martha Gillett,
TRMC. CMC
City Secretary
#SCU07-QOS
A quorum of City
Council members may
be present and partici-
pate in' discussions
during this meeting, i
however, no action will
be taken by Council.
s
THE
TEXAS
aecor-
" the '. .' provi-
f c. Section
of ..the Code
of an " of. the M.. . '
~U~~~ i rj(. ^~ )fiJL ^~
~;~~y ~~~~L th~~e th~~(JjJUA~~ ,
La Porte .Planning' and; .
Zoning .' ,Commission. Lisa Godfrey
will condu<:t.a . pUblic ..
hearing at' 6:00 P.M.
on the 21st day of
June, 2007,' in the
Council . 'Chliinbersof
the City Hall, ,. 604
West. FairmoQf'Park-
Nay,. La ,.Porte, . Texas. ..
rhe,purp()s.~r:ofthis Sworn and subscribed before me this
leaTing is ~ t?COnSider'~' 20 7
~~:ci.f.. '.' permit~.9()~...d.e.i~io.u~~.'.. . ~ , 0_
!SCU07-005,' ... "for, .
.914 . acreS of land'
eing, ReserieC3,
Indel\Yood ". Bosin.ess,
ark t; , loeated '" ".in .> ,.the
noch . Brinson Sur-
ly,~bstra~f NO.5,La
:>rte, Harris.County,
lxas... Clay,D~velop-
ent,' . & . Construction
c, ,ijs~ee~ing ap-
~va,I,;,9f . . a ,;'permit for
l proposed develop-
mt.of >'offj~e ware-
use 'facility knoWn
CDCSPeP. bldgs. My Comml'ssl'on Exprl'res Aprl'111, 2010
&19 tObe,located
10053 . . Porter . Road, '
Special . ',Conditional
l Fermi/is 'c' required
th.e . proposed de-
>pment , to < be 10-
ld within' a Planned
t, . Development
0) .' per ..... Section
-6~7 of' the Code
OF . This facility has dis-
ability accommoda-
., .' "lions available. Re-
OOUN~o,FHA~RIS ~~~~~ss~; i~f:r~::~ ,le undersigned authority, on this date came and
CITYOF~~P~RfE~~f:s beat m::etin~: l Godfrey, a duly authorized representative of The
NOTICE OF PUBLIC ~:~~ng. priorple~~e c~~~, a semi-weekly newspaper published and generally
HEARING tact City secretary'srihe City of La Porte, Harris County, Texas and who
office. at (281) . h h d' . bl- h d .
'471-5020 or TOO Line y sworn, swears t e attac e notice was pu IS e In
(281) 471-5030 for fur- .8 d t d '. )
. ther information. . Un. a e Ie / _3 0 ~ '
I I
STATE
/~~
day of
arolyn Kellog
Notary Public'
Harris County, Texas
,. ..",'~I~'""
'.' "FR#'~
~B' fl. ~:t)
. ..;:"'....<~
11.l(~..,'
~];--f:
KAROl.YNKELLOGG Ii
MY COMMISSION EXPIRES i
April 11. 2010 ,.......1\
fBHfBW '3
City of La Porte
Established 1892
July 2, 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 June 21, 2007, considered
Special Conditional Use Permit #SCU 07-005. The applicant, Clay Development and Construction, Inc.,
seeks approval of a proposed office/warehouse facility CDC Spec.18 to be located within Underwood
Business Park.
The Planning and Zoning Commission, by unanimous vote, recommended that City Council consider
approval of Special Conditional Use Permit #SCU07-005 with the following conditions:
1. This Special Conditional Use Permit (SCUP) is not applicable to any other specific development
anticipated or proposed by General Plan.
2. This SCUP outlines, in general terms, the proposed Planned Unit Development. The developer
recognizes and understands that any future construction or development of the private or public
improvements anticipated by this SCUP and General Plan shall require further submittal and approval
of plats, site plans, construction drawings, engineering analysis, and covenants, conditions &
restrictions (CCR).
3. Provide on-site improvements, loading and unloading ramps/bays that adequately handle the volume
associated with this office/ warehousing facility.
4. 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.
5. Provide detailed landscape and screening plans during site plan submittal.
6. Provide an irrigation system to ensure that all landscaping and screening is properly maintained by the
owner/developer.
7. The Developer shall comply with all other applicable laws and ordinances ofthe City of La Porte and
the State of Texas.
Respectfully Submitted,
fJ~
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
1MfIB..rr n
j
~SCU07-005
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City
of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the
La Porte City Council will conduct a public hearing at 6:00 P.M. on the 23rd July, 2007, 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 #SCU07-005, for 5.914 acres of
land being Reserve C3, Underwood Business Park located in the Enoch Brinson Survey, Abstract
No.5, La Porte, Harris County, Texas. Clay Development & Construction Inc., is seeking approval
of a permit for the proposed development of office warehouse facility "CDC Spec. bldg. 18" to be
located at 10053 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
4 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
~hould 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.
"'srr .,,,
\<
1820 S. 8th Street
: Porte, Texas 77571
281-471-1234
Fax 281-471-5763
In accor-
dance with the provi-
sions of Section
106-171 of the Code 4
of Ordinances of the i
citY of La Porte. and , t1y of La Porte
the provisions of the
Texas Local ,Govern- l"unty of Harris
ment 'ode. notice is
hereby iven that the ate of Texas
~ Council
'~ ,:.;,. 'E ifore me, the undersigned authority, on this date came and
2007, in e Cou~1 peared Lisa Godfrey, a duly authorized representative of The
~~~~ o~~ ~~ lyshore Sun, a semi-weekly newspaper published and generally
=. Tr:r::aV: :hributed in the City of La Porte, Harris County, Texas and who
purposeoftt!ls hear-:er being duly sworn, swears the attached notice was published in
Ing is to consider Spe- /
cial Conditional Usa)e Bayshore Sun dated '? / ~ 0"7
E~7:~ o;eq:~, 'n A i'kJ' I ,
~'~>'ReseNeBurJ:; 'MiL- ct9:d, '
~~ ~~ m th ,
I ",
Enoch "Brinson ,sur'l
ve,y, Abstract No. 5, l~ a Godfrey
Porte, Harris C~f5
Texas. Clay Oevel~P"1
~ir~
ment of' otrlce ~re- ~
house facility 'cae . .
Spec. bldg. 16~ to be trn and subscnbed before me thIs
located at 10053 P~- ~ 2007
tel' Road. A Specl81 .'~ , .
'Conditional Use Per-
;~:::~~/~~f
within a Planned Unit I /l /liL
Development (PUD) I
per Section 106-637 of
the Code of Ordi- Iyn Kellogg
n~nces. I ry Public
in.etin9 Aof the reg:\s County, Texas
Council win folloW the i
public hearing for the I
purpose of considering: .. .
the publichearlngitem ~mmlsslon Expnres Apri/11, 2010
ail<! to conduct other:O-
matters perlaming to
the CounQil.
I dl "-J....
day of
r:~:':,,-
,f, I/~"'i\'!'l'r~~
J '*. :.0.=
i = . . =
l \.;,. .'~!
A "1~',,<~,
~ "'"9/i,,,
r , ,._~_"
KAROLYN KELLOGG i ;~
MY COMMISSION EXPIRES
Apnlll,2010
(
Citizens
wishing to . addrll$$ the
r"__*"""''l ~ ."'^r ,.,.1\1\
~ tlJpl':l
f~181!' j!A
City of La Porte
Special Conditional Use Permit # SCU 07-005
This permit is issued to:
Clay Development & Construction. Inc.
Owner or Agent
800 Gessner, Suite 850. Houston TX 77024
Address
For Development of:
CDC Spec. Bldq.# 18
Development Name
10053 Porter Road off Old Underwood Road
Address
Legal Description:
5.914 acres of land beinq Reserve "C3" in a 206.990 acre tract
Out of Enoch Brinson Survey. A-5, La Porte, Harris County, TX.
Zoning:
Planned Unit Development (PUD)
Use:
Office/warehousinq facility
Permit Conditions:
1. This Special Conditional Use Permit (SCUP) is not applicable to any other specific development
anticipated or proposed by General Plan.
2. This SCUP outlines, in general terms, the proposed Planned Unit Development. The developer
recognizes and understands that any future construction or development of the private or public
improvements anticipated by this SCUP and General Plan shall require further submittal and
approval of plats, site plans, construction drawings, engineering analysis, and covenants,
conditions & restrictions (CCR).
3. Provide on-site improvements, loading and unloading rampslbays that adequately handle the
volume associated with this office/ warehousing facility.
4. 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.
5. Provide detailed landscape and screening plans during site plan submittal.
6. Provide an irrigation system to ensure that all landscaping and screening 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.
ate:/" 23 - ()
\
"-1Y! (}jtlOJ~/Jt!
City Secretary
-"'errF
Staff Report
ReQuested by:
ReQuested for:
Location:
Present Zonin!!::
ReQuested Use:
Back2round:
Analvsis:
Underwood Business Park
Office Warehouse Facility SPEC Building #18
Special Conditional Use Permit #SCU 07-005
June 21, 2007
Clay Development & Construction Inc.
c/o Danny Martin
5.914 acre tract out of 206.990 acres of land in the Enoch Brinson
Survey, Abstract 5, described as parcel I under the Harris County
Clerk's File No. M032856, La Porte, Harris County, Texas.
10053 Porter Road off Old Underwood Road
Planned Unit Development (PUD)
OfficelW arehouse
A business park site consisting of approximately 207 acres located to
the south of State Highway 225 and the Battleground Industrial Park
located along Old Underwood Road. Underwood Business Park is an
approved business/industrial complex located within the Planned Unit
Development (PUD) zone along Old Underwood Road. At this time,
the developer is proposing an office/warehouse facility consisting of
17,000 sq. ft. on a parcel of land being part of Reserve C3 in the
Underwood Business Park. Office/warehouses will have an entrance
along Porter Road, a 60' wide ingress/egress and utility easement within
the park off Old Underwood Road, access through Battleground Road
and State Highway 225.
Section 106-659 of the Code of Ordinances establishes the following
criteria for review of development projects within a PUD zone.
Land Use - The City's Land Use Plan shows this area developing with
industrial uses. The existing land uses of nearby properties are
primarily 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.
Underwood Business Park
SCUP #07-005
Page 2 of3
Conclusion!
Recommendation
Transportation - The project is located near State Highway 225 and
Battleground Road, a primary arterial and major truck route. As a result,
this project provides more than adequate accessibility for circulation of
traffic. All traffic entering/existing will be through Porter Road along
Old Underwood Road. There should be very limited impact on traffic
flow within the vicinity, even after full implementation of the said
business park.
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. Water lines have been upgraded 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 will be managed by on-site
detention to mitigate any adverse impacts associated with this proposed
development.
Staff feels that the entire project has potential and would make a
significant impact on economic development within the City of La
Porte. Based on the above analysis, staff recommends approval of the
Plan and Special Conditional Use Permit with the following conditions:
. This Special Conditional Use Permit is not applicable to any other
specific development anticipated or proposed by the General Plan.
. 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, covenants, etc.
. Provide on-site improvements, loading and unloading ramps/bays
that adequately handle the volume associated with this office/
warehousing facility.
. 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.
Underwood Business Park
SCUP #07-005
Page 3 of3
. Provide detailed landscape and screening plans during site plan
submittal.
. Provide an irrigation system to ensure that all landscaping and
screening is properly maintained by the owner/developer.
. The Developer shall comply with all other applicable laws and
ordinances of the 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.
. Continue the public hearing at the Commission's next regular
meeting to allow additional testimony and further study of this item.
This results in tabling any action on this item.
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FLOODPLAIN lNFORMATION
THIS TRACT Of LAND UES OUTSIDE THE
500- YEAR FLOOD PLAIr-: (ZONE .X"),
ACCORDING TO F.E-M.A. FEDERAL
INSURANCE riA 1:: MAP NO. d.S20\'CQ9.30 J;
S,lJO t.AAP RE\IISED: NOVEkABER 6, 1996
BENCHMARK
BENCHt.lARk HCCSO 42, ElEV,- 26.1,
REi'" TO "lAD 8.3. (GPS oes - GEOIQS9). 0..3
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c!:: S r,HWY. 225 .~ T MARK TO RIGHT INSIDE
SE':URITY FENCE: Of "DRAGO SUPPL '( CO.~
L1tG.U DESCRIPTION
A TRACT OR PARCEL OF LAND CONTAINING
5.914 ..;,CRE5 Of Lo,NO, RESERVE "0-,
UNDERWOOD BUSINESS F ARI..: lOCA TED IN
THE ENOCH aRINSON SURVEY, ),8S'fRACT 5,
HARRIS COUNT;, TEX.A.S, 3E1NG OUT OF AND
A P,1RT OF THAT CERTAIN CALED 206.990
,b.,eRE TRAC T Of RECORD IN T.-lE N..iJ.lE Of"
ST JOE P.ll,PER COMPM>lY IN HAR~IS COUNTY
CLERI"S ~IU: (H.C.C.F.) NUMBER i.loJ32856
OWNEAlDEVElQPER
oor= :~'-' 1 . :, '~7
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800 GESSNER, SUITE 850
HOUSTON, TEXAS n024
PHONE (713)769-2529
FAX (713)782-3755
CnY OF U. PaIllE
WOH. No. 14
"'Bo!:' ~D:1r~~1f,.r~~L.:bi:~wci:'~~u~!-dt~~~~~~~f~..~
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CHlCOlIY: _It.
C1.0
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: ~ulv 23. 2007
Requested By: wavnf ~o
Department: Planninl!
Source of Funds:
NA
Account Number:
NA
Amount Budgeted: NA
Report: _Resolution: _Ordinance: X
Exhibits: Zoning Map
Ordinance
SUMMARY & RECOMMENDATION
The Planning and Zoning Commission directed staff to consider the issue of hotels/motels being allowed in the General
Commercial (GC) zoning districts when adjacent to residential uses in the City of La Porte. At the April 19, 2007, Planning
and Zoning Commission meeting, residents raised concerns over the proposed motel at 11003 Fairmont Parkway near
Driftwood adjacent to Fairmont Park East, Section 5. The project is a "permitted" activity.
Staff researched and presented this item at a workshop on May 22, 2007. On June 21, 2007, the Planning and Zoning
Commission conducted a formal public hearing. The purpose of this hearing was to consider making a formal recommendation
to the City Council for an amendment to the Zoning Ordinance (Chapter 106) of the Code of Ordinances imposing restrictions
on the placement of hotels and motels within the General Commercial (GC) zoning districts when adjacent to residential zoned
property, e.g. Low-Density Residential (R-l), Medium Density Residential (R-2) and High Density Residential (R-3) zoning
distri cts.
Section 106-441, Table A, Commercial Uses of the Code of Ordinances permits Hotels and Motels with SIC Code# 7011
(Industry Group No. 701). As per current ordinances, when a commercial property is adjacent to residential zoned property,
screening and/or landscaping & buffering mechanisms are required. The building setbacks are Front 20', Rear 20', and Sides 10'
adjacent to residential uses. The Rear 20' area is required for landscaping and screening from view of adjoining residential
buildings in compliance with Section 106-444(a) of the Code of Ordinances. Landscaping/screening should make an opaque fence
with plant height reaching at least six to eight feet within two years from the time of planting.
Given that many different situations and footprints exist throughout the City when GC zoning districts are adjacent to
residential uses, the Commission considered adding a footnote (No.4) to Table A, Section 106-441, that the hotel/motel use is
"Conditional" in the General Commercial (GC) zones, when adjacent to the stated residential districts. While options of
prohibiting hotels/motels in GC adjacent to residential districts or adding additional buffering requirements were weighed by
the Commission, the "Conditional" use seemed to be the best method for analyzing the proposed projects on a case-by-case
basis. The prevailing opinion was that in this way, the Commission and Council could consider the balance of economic
factors and residential health, safety and welfare. Several cities in the area have approached this issue by adopting similar
measures.
Per Section 106-171 (3), a mail-out was not required. By unanimous vote, the Planning and Zoning Commission recommends
to Council that Table A, Section 106-441 of the Code of Ordinances be amended to declare hotels/motels a conditional use in
General Commercial Zoning Districts when adjacent to stated residential zoning districts.
Action Reauired bv Council:
1. Conduct a Public Hearing
2. Consider approval of an ordinance amending Chapter 106 (Zoning), Table A, Section 106-441 by establishing
hotels/motels as a "Conditional Use" in GC when adjacent to residential R-l, R-2 and R-3 zoning districts.
Approved for City Council Al!enda
"'1
c:',
7r7 (O~7
Date
ORDINANCE NO. 1501. X'S--
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 I, "GENERALLY",
SECTION 106-441, "TABLE A, COMMERCIAL USES", BY MAKING HOTELS AND
MOTELS LOCATED WITHIN GENERAL COMMERCIAL ZONING DISTRICTS A
CONDITIONAL USE WHEN ADJACENT TO RESIDENTIAL ZONED 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 21st day of June 2007, 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 June 21, 2007, 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
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 July 2, 2007, a true
ORDINANCE NO. 1501-XS-
Page 2
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 23rd day of July, 2007, 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
amendments to the Zoning Ordinance (Chapter 106 of the Code of Ordinances) by
amending Section 106-441, "Table A, Commercial uses", to read 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
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.
ORDINANCE NO. 1501- )(5
Page 3
Section 8.
The City Council officially finds, determines, recites and declares
that a sufficient written notice of the date, hour, place and subject of this meeting of the
City Council was posted at a place convenient to the public at the City Hall of the City for
the time required by law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been open to the
public as required by law at all times during which this ordinance and the subject matter
thereof has been discussed, considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice and the contents and posting
thereof.
Section 9.
This Ordinance shall be in effect from and after its passage and
approval.
Passed and approved this the ~ day 01+. 2007.
By: ~~~
ALTON PORTER, Mayor
ATTEST:
By~Mtv~
M.A:R A GILLETT, City Secretary
APPROVED:
BY:~~
CLARK ASKINS, Assistant City Attorney
#ZUAU/-UL
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 21st
day of June, 2007, in the Council Chambers of the City Hall, 604 W. Fairmont Parkway, La Porte,
Texas. The purpose of this hearing is to consider making a formal recommendation to the La Porte
City Council for an amendment to the Zoning Ordinance of the City of La Porte, imposing
restrictions on the placement of hotels and motels within General Commercial (GC) zoning districts
when adjacent to residential zoned property (R-1, R-2, and R-3 zoning districts).
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 information.
8H1811 A
In accor-
ance with the provi-
ons I" f Section A quorum of City
)6-171 the Code Council members may
.~ Ordin ces of the be present and partici-
ro iOf:e" 0 ~~~ pate in discussions
during 'this meeting, te
~xas' ca' . overn- however, no action will 1
lent C e, notice' is be taken by Council. rris
~reby given that the
~ Porte Planning and S
)ning Commission
ill cond uct a public
~aring at 6:00 P.M.
1 the 21 st day of
me, 2007, in the
ounci! Chambers of
e City Hall, 604 W.
:!irmont Parkway, La
)rte, Texas. The pur-
lse of. this hearing is
consider making a
rmal recommenda:
In to the La Porte
ty Council for an
nendment to the
ming Ordinance of
e City of La Pcirte, I
Iposing restrictions '--
I' the placement of
Itels and motels
thin General Com-
9rcial (GC) zoning
,tricts when adjacent
residential ' zoned
Dperty (R-1, R-2,
Id R-3 zoning dis-
::Is).
WA07-02 .
HE STATE
EXAS
OUNTY OF HARRIS
ITV OF LA PORTE
NOTICE OF PUBLIC
HEARING
A regular
~eting of the Plan-
19 and Zoning Com-
ssion will follow the
blic hearing for the
rpose of acting
8D the public :" hear-
r;,,itemsa,nd. ,te:>.. con- .
ct other matters per-I
ning to the' Commis-
In.
'OF
Citizens
wishing to address . the
Commission pro or
C~l't~ during the public
hearing 'will be re-
" quired to sign in be-
fore the meeting is
convened.
281-471-1234
Fax 281-471-5763
\treet
is nS71
CITY OF LA PORTE
Martha Gillett
TRMC, CMC
City Secretary
.
,
This facility has dis-
ability accommoda-
tions ' available. Re-
quests for accommo-
dations or interpretive
services at meetings
should be made 48
hours prior to the
meeting. Please con-
tact City Secretary's
office at (281 )
471-5020 or TDD Line
(281) 471 ~5Q3Q for fur-
ther information.
the undersigned authority, on this date came and
Godfrey, a duly authorized representative of The
l, a semi-weekly newspaper published and generally
the City of La Porte, Harris County, Texas and who
Iy sworn, swears the attached notice was published in
'Sun dated ~ / t.c J CY7
. f
Sworn and subscribed before me this
,2007.
/2 -!h
.
day of
. =-..~~~
~._....':':~4~"'~
KAROLYN KEli.OOG --. i~
MY COMM,/S. SION EXPIRES II
April 11 , 2010 II
~
. rolyn Kellogg
Notary Public
Harris County, Texas
My Commission Exprires April 11 , 2010
8H1~lt .tJ
City of La Porte
Established 1892
July 2, 2007
Honorable Mayor Alton Porter and City Council
City of La Porte
Re: Zoning Ordinance Amendment - HotelslMotels in GC adjacent to residential districts
Dear Mayor Porter and Council:
The La Porte Planning and Zoning Commission, during a regular meeting on June 21,
2007, held a public hearing to consider amendment to the Zoning Ordinance (Chapter
106), by amending Division 3, Commercial District Regulations, Subdivision I,
Generally, and by adding a footnote #4 to Section 106-441, Table A, Commercial Uses,
making hotel/motel use as Conditional when adjacent to residential districts.
The Planning and Zoning Commission, by a unanimous vote, recommends approval of
the above zoning ordinance amendment.
Respectfully Submitted,
jJd~
Pat Muston
Chairperson, Planning and Zoning Commission
c: John Joerns, Interim City Manager
Clark Askins, Assistant City Attorney
Planning and Zoning Commission
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
i1Mtu, . ,19ft'> (l
~I..~, 'J
#lOA07-02
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City
of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the
La Porte City Council will conduct a public hearing at 6:00 P.M. on the 23rd day of July, 2007, in
the Council Chambers of the City Hall, 604 W. Fairmont Parkway, La Porte, Texas. The purpose of
this hearing is to consider an amendment to the Zoning Ordinance of the City of La Porte, imposing
restrictions on the placement of hotels and motels within General Commercial (GC) zoning districts
when adjacent to residential zoned property (R-1, R-2, and R-3 zoning districts).
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 information.
"'ftn~ 0:)
lA07-02 '.
~".."',', :',' ,-;
,T~IAlrOF:.
:;:;.'1~S.'..",
COUNTY OFHARRIS
CITY OF LA PORTE
820 S. 8th Street
La Porte, Texas n571
NOTICE OFeUBUC
. HEARING
Th................. B.............
e.'
. .
281-471-1234
Fax 281-471-5763
aeeor.
ance the provi-
rf. .~ City of La Porte
he provlS. S of the
rexas L Govern- County of Harris
oti is
~:r~~)/;~~nn~Cf)'th~1 State of Texas
La. .PPrte. . City .'c;ouncil.'
.vl\l#d~cta pVbP" i
hearlnf,a~;G:oo'r'~f; Before me, the undersigned authority, on this date came and
3Uly,the;2~;:::,aY;e appeared Lisa Godfrey, a duly authorized representative of The
~~u~~itY!~~~t~ '~l Bayshore Sun, a semi-weekly newspaper published and generally
FailTll~...~arkWf1y:Ui;J distributed in the City of La Porte, Harris County, Texas and who
eorte Texas. The pur-! f b" d I h tt h d t" bl" h d .
Pcf:e~i:i&'~!::J::)a ter elng u y sworn, s~ears.t e a ac e no Ice was pu IS e In
ln~m;to;tI)e ;Z:9nin~ Qrq The ayshore Sun. dated '7/ S',/ rY7 "
dinan~5ffi;!tI'!llJl;;!tY ;;9f R,
LaPorte, .ifnpqsing re-
~k>~s......pn. ;;t!\El".;Jlla~":;
;~~;t:)f "elfn~' ';
motels:
Com ..;
lng.di~~.,}~~ii. .
~aeen!!' ,?'r~~
j~~~.~nd~U~~;;'(~
;distr~h;;\ii.j.'...';;
subscribed before me this
,2007.
I~ #J
day of
'.
-""c^ -,:::':ij(',i.
'~,;,C:".: ,'- ,', l,,':':' '~, ,,'_ ,,;~t'l-;~t;.
r.C itFze n ".l!"
I .'.; . .... . .... ..;.;..... ..'.......
wishlng,to;a9d~~'Jl~ '~'I'
l'councll,':pro"Qr'ooo'.J.rolyn Kellog
Jdririg the j . hear",!. P bl"
Iln~'wiii;ibfi/dn~;\)tary U IC
.sign>{}i~,";J?oe,fgre.!>~~lrris County, Texas
i meeting IS C()nvened,;'.[
.:~5tt'~~f~~
i*~ .:*%
;~" ."~i
"'lk....\f".
"'1"r/I~'~'''';'
KAROLYN . KEllOGG
MY COMMISSION EXPIRES
Apn111. 2010
.,..",,,
i~
CITY OF LApORTE
Martha Gillett; y Commission Exprires April 11 , 2010
TRM~~M~
~ -,ftW Ii'
'.Pfl..~" II:)~" J.
S 106-441
LA PORTE CODE
DIVISION 3. COMMERCIAL DISTRICT REGULATIONS
Subdivision 1. Generally
Sec. 106-441. Table A, Commercial uses.
P (ABC) --- Permitted uses (subject to designated criteria established in section 106-444).
P - Permitted uses.
A - Accessory uses (subject to requirements of section 106-741).
C - Conditional uses (subject to requirements of sections 106-216 through 106-218 and
designated criteria established in section 106-444).
* - Not allowed.
Uses (SIC Code #) Zones
CR NC GC
All uses permitted or/accessory in R-3
zone, except single-family detached and
special lot, duplexes, quadruplexes,
townhouses, and multifamily P P
All conditional uses in R-3 zone * C C
Agricultural service (076-078) * * P
Amusements (791-799) C * P
Amusement (7993)1 C * P
Antique and used merchandise stores
(5932) * P P
Arrangement for passenger transport
(472) * * P
Arrangement for shipping and transport (473) * * P(I)
Apparel and accessory stores (561-569) C * P
Automotive dealers and service
stations (551, 552, 553, 555-559) * * P
Automotive repair, services (751-754) * * P
Banking (601-605) * * P
Building construction-General
contractors (152-161) * * P
Supp. No.9 CD106:58
.....Iorr l-i'
ZONING ~ lU6-441
Uses (SIC Code #) Zones
CR NC GC
Building construction-Special trade * * P
contractors (171-179)
Building materials, garden supply * * P
(521-523,526-527)
Business services (731, 732, 736-738) * * P
Business services (7359) * * P(A,B,C,D)
Civil, social and fraternal
organizations, (8641) C C C
Communications (481-489) * * P
Convenience stores (5411) * P P
Credit agencies (611-616) * * P
Dog grooming * * P(H)
Drugstores (591) * P P
Eating and drinking places (5813) C * P
Eating places (5812) C P P
Electric, gas and sanitary services (491,
4923,493,494,4952) * P P
Engineering, architectural, accounting
services(871--872) * P P
Food stores, general (541, 542, 544,
545,549) * * P
Freestanding on-premises signs See article VII of this chapter
Governmental and public utility buildings
(911-922,9631,4311 ) C * P
Grocery, fruit and vegetable stores (542,
543) * P P
Hardware stores (525) * P P
Home furnishing stores (571-573) * * P
Hotels and motels (701, 7032, 704) C * P4
Hospitals, laboratories (806-809) * * P
Insurance, real estate, legal, stock and
commodity brokers, agents (641-679) * P P
Laundry (plants) (7216-7219) * * P
Supp. No.9 CD106:59
S 106-441 LA PORTE CODE
Uses (SIC Code #) Zones
CR NC GC
Membership organizations (861-869) * * P
Miniwarehousing (4225) * * C
Misc. retail (592, 593, 5948, 596-599,
5399) C * P
Misc. repair services (762-764) * P P
Misc. shopping (5941-5947,5949,
5992---5994) C P P
Misc. shopping (5995, 5999) C * *
Motion picture theaters (7832) * * P
Museums, art galleries (841---842) C * P
Offices for doctors, dentists, etc. (801-805) * P P
Passenger transportation (411-415) * * P
Personal Services (7211-7215, 722-729) * P P
Recreational buildings and community
centers C P P
Reproduction, photography, and cleaning
services (733-734) * P P
Repair services (7699) (except tank
truck cleaning) * * P
Retail bakeries (546) * P P
Securities and insurance (621-639) * * P
Service stations (554) * P
Service stations, excluding truck stops
(554) C * P
Underground pipelines (461) * P P
Veterinary services (0742) * P P
Video rental and sales shop * P P
Parking ramps and structures C P P
Commercial PUD (Refer to section
106-636) * C C
Supp. No.9 CD106:60
ZONING
s
106-443
Kennels, boarding (0752)
Kennels, breeding (0279)
*
Zones
NC GC
* P(C,G)
* PCB)
C C
C C
C C
C C
* C
* C
C C
Uses (SIC Code #)
Cr
Outdoor sales as a primary or accessory use
Outdoor storage as a primary or accessory use
*
Off-site parking
Off-street loading
Joint parking
C
C
C
C
Drive-in or drive through facilities as
an accessory or principle use
C
*
Unlisted uses, similar to uses listed above
C
1. Within the overlay portion, residential activities are only allowed above the first
floor.
2. Refer to chapter 10 of this Code. (1\Just be at least 300 feet from church, school or
hospital.) (Ord. No. 1501-11, S 7, 10-14-02)
3. Single-family detached prohibited in main street overlay zone, but permitted in
main street district.
4. Hotels and motels are a conditional use under this Chapter when adjacent to
residential zoned properties (R-l, R-2, and R-3 zoning districts).
I
It
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Council ;r,eml3l::~. {J/a {/'jt?n nDlrJ d~r/17Cf '-/he. 111 Cc~i:Uq
-I1J e !7!/f rnJJ e rS fJ I I) /Jv1 Ad c( c.-(;:. SI fir I- 7lY ~ cP fJ Ie( C ~ W k/;tJ
(Jf? Ltf S. (S ~ e /}H/lC I1m~/rl /J )
;v IJlj/YJ {/ REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: July 23, 2007
Requested By: Michael DOlbYcr-
Department: Finance
Report:
Resolution:
Ordinance:
xx
Exhibits: Ordinance 2006-2918-G
Budgeted Item: YES NO
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
Exhibits: Explanations / Backup for Amendment
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)
General Fund
Grant Fund
Street Maintenance Sales Tax 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
Total of All Funds
Previously
Original Budget Amended Budget
$ 28,245,299
347,491
o
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
$ 54,784,832
$ 28,463,598
863,027
o
470,916
156,500
907,180
36,720
6,853,636
211 ,897
190,248
1,631,110
1,213,779
1,474,557
4,379,091
1,301,700
448,304
1,244,337
330,000
6,000
170,000
675,000
459,400
390,000
2,798,294
494,328
760,700
$ 55,930,322
Proposed
Amended Budget
$ 28,984,345 *
863,027
$600,000
470,916
656,500
1,157,180
36,720
6,853,636
211,897
190,248
1,631,110
1,213,779
1,474,557
4,464,091
1,301,700
640,104 *
1,244,337
330,000
6,000
170,000
675,000
630,453 *
390,000
2,798,294
494,328
760,700
$ 58,248,922
Action Required bv Council:
A. Adopt Ordinance Amending Fiscal Year 2006-07 Budget for:
1) General Fund by $20,747 for a transfer to the General CIP Fund for the design of the Municipal
Court Building.
2) General ClP Fund by $191,800 for the contract to design the Municipal Court Building. A
reimbursing resolution has been prepared to reimburse the costs of the design with a bond issue in
2008.
3) 2005 General Obligation Bond Fund to reimburse Fund 015 for expenditures totaling $171,053
incurred for the Police Building prior to the debt issuance.
A roved for Ci
Date
'7 ( J7 )0 7
(
ORDINANCE NO. 2006-2918-G
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 th~ay of;j (} t1 ,2007.
CI(I\ ?F LA PORTE, TEXAS
~tf;.V~
Alton Porter, Mayor
ATTEST:
~~i(!:!!!a~
APPROVED:
~7~~
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
HotellMotel 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 1,601,605
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 53,108,334 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 28,984,345 8,813,142
Grant Fund 374,900 863,027 863,027 374,900
Streeet Maintenance Sales Tax 600,000 600,000
Hotel/MoteJ Occupancy Tax 336,927 336,709 470,916 202,720
Community Investment 634,075 680,809 656,500 658,384
Section 4B Sales Tax 3,788,056 1,340,886 1,157,180 3,971,762
Tax Increment Reinvestment 171,304 46,280 36,720 180,864
Total Governmental Types 14,939,461 32,030,999 32,768,688 14,201,772
Enterprise:
Utility 42,176 7,558,065 6,853,636 746,605
Sylvan Beach 129,038 211,897 211,897 129,038
Airport 337,875 45,228 190,248 192,855
La Porte Area Water Authority 1,687,721 1,344,916 1,631,1l0 1,401,527
Golf Course (57,847) 1,213,779 1,213,779 (57,847)
Total Enterprise 2,138,963 10,373,885 10,100,670 2,412,178
Internal Service
Motor Pool 2,016,511 1,871,369 1,474,557 2,413,323
Insurance Fund 847,924 4,580,585 4,464,091 964,418
Technology Fund 869,776 1,059,450 1,301,700 627,526
Total Internal Service 3,734,211 7,511,404 7,240,348 4,005,267
Capital Improvement:
General 290,392 482,154 640,104 132,442
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 50,000 630,453 * (122,506)
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 1,874,724 4,085,894 3,335,963
Debt Service:
General 1,702,319 2,697,580 2,798,294 1,60 I ,605
Utility 1,lll,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 55,299,292 58,248,922 26,223,997
*The beginning working capital was an estimated number. The project has come in under budget. Additionally,
$180,000 more has been earned in interest earnings.
f~/J/acelrle/JiL .-.l 11
r' fIIlCr~/ )/J1~rrT n
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Jul
Requested By: Michael Dolb
Department: Finance
Report:
Resolution:
Ordinance:
Exhibits: Ordinance 2006-2918-G
Appropriation
Source of Funds: N/A
Account Number: N/A
xx
Amount Budgeted: N/A
Amount Requested: N/A
~
Budgeted Item: YES NO
'-
Exhibits: Excerpt from FY 2007 Adopted Budget
& Amended Budget (Exhibit A & B)
Exhibits: Explanations / Backup for Amendment
SUMMARY & RECOMMENDATION
The City Council adopted the Fiscal Year 2006-07 Budget on September II, 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)
General Fund
Grant Fund
Street Maintenance Sales Tax 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
Total of All Funds
Original Budget
$ 28,245,299
347,491
o
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
$ 54,784,832
Previously
Amended Budget
$ 28,963,598
863,027
600,000
470,916
656,500
1,157,180
36,720
6,853,636
211,897
190,248
1,631,110
1,213,779
1,474,557
4,464,091
1,301,700
448,304
1,244,337
330,000
6,000
170,000
675,000
459,400
390,000
2,798,294
494,328
760,700
$ 57,865,322
Proposed
Amended Budget
$ 28,984,345 *
863,027
600,000
470,916
656,500
1,157,180
36,720
6,853,636
211,897
190,248
1,631,110
1,213,779
1,474,557
4,464,091
1,301,700
640,104 *
1,244,337
330,000
6,000
170,000
675,000
630,453 *
390,000
2,798,294
494,328
760,700
$ 58,248,922
Action Required bv Council:
A. Adopt Ordinance Amending Fiscal Year 2006-07 Budget for:
I) General Fund by $20,747 for a transfer to the General CIP Fund for the design of the Municipal
Court Building.
2) General CIP Fund by $191,800 for the contract to design the Municipal Court Building. A
reimbursing resolution has been prepared to reimburse the costs of the design with a bond issue in
2008.
3) 2005 General Obligation Bond Fund to reimburse Fund 015 for expenditures incurred for the
Police Building prior to the debt issuance.
7~07
Date I
Agenda Date Requested: J ulv 23. 2007 Appropriation
"
Requested By: Michael Dolbv. Interim Director of Financpj .- Source of Funds: N/A
Department: FINANCE -& Account Number: N/A
Report: Resolution: XX Ordinance: Amount Budgeted:
- -
Exhibits: Resolution 2007- Amount Requested: N/A
Exhibits: Budgeted Item:
REQUEST FOR CITY COUNCIL AGENDA ITEM
Exhibits:
SUMMARY & RECOMMENDATION
The City of La Porte intends to issue Certificates of Obligation Bonds for the following project:
Municipal Court Building
up to $2,800,000
Weare moving forward with further design and we recommend the City Council approve a
resolution that allows the City to reimburse itself from future bond proceeds for expenditures that
are made prior to the issuance of the debt. This is a position that we have taken on several other
projects in the past as recommended by bond counsel and required by federal law.
The attached resolutions give us the option to reimburse ourselves from future bond proceeds for
certain costs associated with the above-mentioned project.
Action Required bv Council: Approve resolution declaring intention to reimburse certain
expenditures with borrowing proceeds.
Date
71)7/0 '7
,
RESOLUTION NO. 2007- I,L
RESOLUTION DECLARING INTENTION TO REIMBURSE CERTAIN EXPENDITURES WITH BORROWING
PROCEEDS
WHEREAS, the City of La Porte, Texas (the "Issuer") desires to pay expenditures in connection with the design, planning,
acquisition, construction, equipping, and/or renovating the project or facilities described as the Municipal Court Building
project (the "Project").
WHEREAS, Article 717k-6, Vernon's Texas Civil Statutes, as amended ("Article 717k-6"), permits the Issuer to use the
proceeds of obligations to reimburse the Issuer for costs attributable to the Project paid or incurred before the date of
issuance of such obligations; and
WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such
expenditures will be appropriate and consistent with the objectives of the Issuer's programs and, as such, chooses to
declare its intention, in accordance with the provisions of Section 1.150-2 of the Treasury Regulations, to reimburse itself
for such payments at such time as it issues obligations to finance the Project.
NOW, THERFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS THAT:
Section I. This Resolution declares the intent of the Issuer to reimburse the expenditures for the Project with the
proceed of obligations. The Issuer presently intends to reimburse the expenditure by incurring obligations issued under
Texas law, the interest on which is excludable from gross income under Section 103 of the Internal Revenue Code of
1986, as amended.
Section 2. The Issuer reasonably expects to incur debt, in one or more series of obligations, in an aggregate
maximum principal amount now expected to be equal to $2,800,000 for the purpose of paying the costs of the Project.
Section 3. The Issuer intends to reimburse the expenditures hereunder not later than 18 months after the date of the
original expenditure is paid or the date the Project is placed in service or abandoned, but in no event more than three years
after the original expenditure is paid unless the Project is a construction project for which the Issuer and a licensed
architect or engineer have certified that at least five years are necessary to complete the Project in which event the
maximum reimbursement period is five years after the date of the original expenditure.
Section 4. The Issuer intends that this Resolution satisfy the official intent requirement set forth in Section 1.150-2
of the Treasury Regulations and evidences its intentions under Article 717k-6.
Section 5. This resolution shall be liberally construed to evidence the intent of the Issuer to comply with state law
and federal income tax law in the issuance of tax-exempt obligations for the Project.
PASSED AND APPROVED thi, th~day o~ 2007.
~~~
Alton Porter, Mayor
~ALJA1liJ
City Sec etary L
APPROVED:
~ 7: ~~-<~
City Attorney
ATTEST
,-
Agenda Date Requested:
Requested By: S. Gillett
Department: Public Works
Report: X Resolution:
Ordinance:
Exhibits:
Al!reement with Huitt-Zollars
Exhibits:
Cost Estimate
OUNCIL AGENDA ITEM
Appropriation
Source of Funds:
GEN 944
Account Number:
015-9892-944-1100
Amount Budgeted:
N/A
Amount Requested: $191,800
Budgeted Item: NO
Preliminary Site. Floor and Elevation Plan
Exhibits:
SUMMARY & RECOMMENDATION
With the completion of the new Police facility, the City will need to begin planning for the construction of a new
Municipal Court Facility adjacent to the new PD. The Police facility, constructed under the Design/Build procurement
method, utilized the services of Huitt-Zollars, Inc. for Program Management Services, which included preparation of the
initial floor, site and elevation plan, detailed specifications and the RFPIRFQ and contract documents necessary for the
completion of the Project. Selected by the RFQIRFP process, Huitt-Zollars demonstrated the expertise for this type of
construction and administration.
Earlier this year, Huitt-Zollars was retained ($5,500) to perform preliminary services to provide a conceptual layout for
the proposed Municipal Court, including a site, floor and elevation plan, along with detailed cost estimates for the facility,
as well as upgrades for 150 mph wind loading and backup generator power. These plans and estimates are attached. The
preliminary cost estimate for the upgraded facility is $2,228,614 and $346,936, for a total estimated cost of$2,635,550,
including design and contingencies.
Huitt-Zollars, Inc. has provided a proposal to perform Professional Architectural and Engineering Services to provide
design and construction phase services for the proposed Municipal Court facility.
Initial Services
. Design Development Phase
. Construction Document Phase
. Topographical Survey
. Geotechnical Investigation
. Storm Water Pollution Prevention Plan
. Reimbursables
. Bidding Phase
Total Initial Services
Construction
. Construction Phase
$ 74,200
95,400
3,300
3,300
2,600
2,400
10.600
$191,800
31,800
Initial Services are recommended at this time, totaling $191,800. Funding is available from Fund 15. Funding and
approval of Construction Phase Services totaling $31,800 will be presented to City Council at the time of bid award.
Action Reauired bv Council: Authorizing the Interim City Manager to execute an agreement with Huitt-Zollars to
provide design phase services for the proposed Municipal Court Facility at a cost not to exceed $191,800.
A
?/;? }O'(
I D4te
HUITT -zDLIAR5
HUITT-ZOllARS,INC. I 1500 South Doiry Ashford I Suite 200 I Houston, TX 77077-3858 I 281.496.0066 phone I 281.496.0220 fox I huitt-zollorscom
March 13,2007
Mr. Stephen L. Gillett
Director of Public Works
City of La Porte
2963 North 23rd Street
La Porte, Texas 77571
ii".~E.
,.i....:..-,.
~_. ,
L:".)j
:~
JUL ~ 5 2007
Reference:
Municipal Courts Building
City of La Porte, Texas
HZ 02-
;",;..; ~ oj :..... ~....' t, ~,,.-.
"FFICL
Subject:
Revised Proposal for Professional Architectural and Engineering Services
Dear Mr. Gillett:
Huitt-Zollars, Inc. (Huitt-Zollars) appreciates the opportunity to provide this revised proposal for
professional architectural and engineering services to the City of La Porte, Texas (Client) on the new 11,000
square feet single story Municipal Courts Building and a 130-spaces parking area (project). It is our
understanding that the construction budget for the Project is around $ 2,650,000,00. Our proposal is based
upon the scope of services, compensation, schedule and terms and conditions and attachments contained
herein.
SCOPE OF SERVICES:
1.0 Basic Services:
1.1 DESIGN DEVELOPMENT PHASE - Based upon Client-Approved Schematic Design Documents
previously prepared by Huitt-Zollars, Huitt-Zollars shall:
1.1.1 Prepare Design Development Documents (drawings and specifications) that establish the
scope, relationship, forms, size and appearance of the Project by means of plans, sections
and elevations, typical construction details, and equipment layouts. The specifications shall
identify major materials and systems and establish in general their quality levels.
1.1.2 Prepare outline specifications.
1.1.3 Prepare updated opinion of probable construction cost of the Project.
1.1.4 Furnish three (3) copies of the Design Development Documents for review and for
approval of the Client.
1.2 CONSTRUCTION DOCUMENTS PHASE - Based on Client-Approved Design Development
Documents, Huitt-Zollars shall:
1.2.1 Prepare construction documents that set forth in detail the requirements for the construction
of the project. The drawings and specifications shall establish in detail the quality levels of
material and systems ofthe Project.
1.2.2 Furnish three (3) copies of the progress drawings at 50% and 90% completion for Client's
review and comments.
1.2.3 Advise the Client of any adjustments to previous Opinions of Probable Construction Cost
Page 1 of 9
H UIII-LL)LIMS
indicated by changes in requirements or general market conditions.
1.2.4 Assist the Client in connection with filing documents required for the approval of
governmental authorities having jurisdiction over the project. Fees associated with
governmental reviews shall be separate.
1.2.5 Furnish three (3) copies of the approved plans, specifications, and notice to bidders.
1.2.6 Huitt-Zollars shall submit approved construction documents to Texas Department of
Licensing and Regulation for ADA Accessibility Review. Huitt-Zollars will review
comments received from ADA review and modify drawings as necessary.
1.3 BIDDING PHASE - After acceptance by Client of the Construction Documents and the most
recent opinion of probable Construction Cost, Huitt-Zollars shall:
1.3.1 Assist Client in pre-qualifying potential bidders, advertising for and obtaining bids from
pre-qualified bidders only for the Project and, where applicable maintain a record of pre-
qualified bidders to whom Bidding Documents have been issued, attend mandatory pre-Bid
conference, and receive and process charges for the Bidding Documents.
1.3.2 Issue Addenda as appropriate to clarify, correct, or change the Bidding documents.
1.3.3 Consult with Client as to the acceptability of Contractor, subcontractors, suppliers and other
individual and entities proposed for the Project.
1.3.4 Attend the Bid opening, prepare Bid tabulation sheets and assist Client in evaluating Bids
or proposals and in assembling and awarding contracts for the Project.
1.4 CONSTRUCTION PHASE - Upon completion of the Bidding Phase, Huitt-Zollars shall:
1.4.1 Conduct Pre-Construction Conference.
1.4.2 Huitt-Zollars shall review Contractor submittals, such as shop drawings, product data,
samples and other data, which the Contractor is required to submit. Huitt-Zollars's review
is for the limited purpose of checking for general conformance with design concepts and
the information shown in the Construction Documents. Huitt-Zollars's review shall not
include a review of the accuracy or completeness of details, such as quantities, dimensions,
weights or gauges, fabrication processes, construction means or methods, coordination of
the work with other trades or construction safety precautions, all of which are the sole
responsibility of the Contractor. Huitt-Zollars's review shall be conducted with reasonable
promptness while allowing sufficient time in Huitt-Zollars's judgment to permit adequate
review. Review of a specific item shall not indicate that Huitt-Zollars has reviewed the
entire assembly of which the item is a component. Huitt-Zollars shall not be responsible
for any deviation from the Construction Documents not brought to the attention of Huitt-
Zollars by the Contractor. Huitt-Zollars shall not be required to review partial submissions
or those for which submissions of correlated items have not been received.
1.4.3 Make periodic observations of the work in progress (as distinguished from providing a full-
time Project Representative) and provide appropriate reports to the Client. In such
inspections and observations, Huitt-Zollars will endeavor to protect the Client against
defects and deficiencies in the work of contractors, but he does not guarantee the
performance of their contracts nor assume responsibility for construction means, methods,
techniques, sequences, procedures, or for safety precautions or programs in connection with
the construction work. Huitt-Zollars shall not be responsible for the acts or omissions of
the Contractor, or any subcontractor's agents or employees, or any other persons
performing any of the work.
1.4.4 Provide consultation and advice to the Client during construction. Huitt-Zollars shall be, in
the first instance, the interpreter of the requirements of the Contract Documents and the
impartial judge of the performance there under by both the Client and Contractor. Huitt-
Page 2 of 9
HUITT -ZOLlARS
Zollars shall make decisions on all claims of the Client or Contractor relating to the
execution and progress of the work. Huitt-Zollars's decisions in matters relating to artistic
effect shall be final if consistent with the intent of the Contract Documents. Clarifications,
interpretations and decisions of Huitt-Zollars shall be consistent with the intent of and
reasonably inferable from the Contract Documents and shall be in written or graphic form.
In the capacity of interpreter and judge, Huitt-Zollars shall endeavor to secure faithful
performance by both Client and Contractor, shall not show partiality to either, and shall not
be liable for the result of any interpretation or decision rendered in good faith in such
capacity.
1.4.5 Assist Client in the selection of an independent testing laboratory to perform construction
materials testing.
1.4.6 Recommend Change Orders to Client, as appropriate, and prepare Change Orders as
required.
1.4.7 Based on observations of construction progress at the site and on a review of the
Contractor's Payment Request, Huitt-Zollars shall make recommendations to the Client
relative to progress payments. Huitt-Zollars shall not be deemed to represent that he has
made any examination to ascertain how and for what purpose the Contractor has used the
moneys paid on account of the contract sum.
1.4.8 Receive and review maintenance and operating instructions, schedules and guarantees and
transmit these documents to Client.
1.4.9 Make a Substantial Completion Inspection and a Final inspection of the completed Project
with the Client or his representative.
1.4.10 Provide a signed "Notice of Acceptability" that the Project work is acceptable to the best of
Huitt-Zollars's knowledge, information and belief and based upon the extent of services
provided by Huitt-Zollars under this Agreement.
1.5 TOPOGRAPHIC SURVEY - Huitt-Zollars shall perform a topographic survey of the site to
support the design of the Project.
1.6 GEOTECHNICAL INVESTIGATION - If required, Huitt-Zollars shall perform a geotechnical
investigation to support the design of the Project.
1.7 STORM WATER POLLUTION PREVENTION PLAN - Per the requirements of the Texas
Commission on Environmental Quality and the Texas Pollutant Discharge Elimination System,
Huitt-Zollars shall prepare a storm water pollution prevention plan for the project site which will
exceed 1 acre in disturbed area.
2.0 Additional Services:
2.1 Because the effort required for some items of work varies considerably from project to project, and
because some items of work are sometimes provided separately by the Client, these items of work
are not included in the basic services fees and are charged separately. Additional Services, mutually
agreed upon and authorized separately by the Client in writing, shall be completed on a "Time and
Materials" basis in accordance with the attached Hourly Rate Sheet. Such additional services may
include:
2.1.1 Boundary Survey
2.1.2 Platting
2.1.3 Construction Staking and Re-staking
2.1.4 As-Built Survey
2.1.5 Measured drawings of existing conditions
Page 3 of 9
2.1.6
2.1.7
2.1.8
2.1.9
2.1.10
2.1.11
2.1.12
2.1.13
2.1.14
2.1.15
2.1.16
HUIII--LOLL~
Rendering
Providing a full-time Project Representative during construction to provide further
consultation and advice to the Client
Assistance to the Client as expert witness III any litigation, and special technical
assistance to prepare for litigation
Special economic and feasibility studies; detailed considerations of operation,
maintenance, and overhead expenses; regional or area studies to establish basic data to
justifY or scope the Project; special environmental assessments; and preparation of
equipment O&M manuals; submissions required for approval of governmental authorities
Preparation of HydraulicIHydrologic (drainage) Studies, submittals, and services
concerning floodplain/floodway issues
Preparation of Traffic Impact Studies
Making revisions in drawings, specifications or other documents when such revisions are
inconsistent with written approvals or instructions previously given, are required by
enactment or revision of codes, laws or regulations subsequent to the preparation of such
documents or are due to other causes not solely within the control of Huitt-Zollars
Providing services made necessary by the default of the Construction Contractor, or by
major defects of deficiencies in the Work of the Construction Contractor, or by failure of
performance of Construction Contractor under the Contract for Construction
Fees associated with Agency Reviews, Plats, Recordation, Tax Certificates, Title
Commitments, Private Utility Information, Permitting and/or Inspections
Preparation of Record Drawings
Any other service not otherwise included in the Basic Services
3.0 Client Provided Services:
3.1 Client shall provide Huitt-Zollars with the following:
3.1.1 Access to Project Sites
3.1.2 Any Agency Fees (as applicable)
COMPENSATION:
1.0 Fee Budget
1.1 Our estimated fee budget for the Basic Services is as follows:
1.1.1
1.1.2
1.1.3
1.1.4
1.1.5
1.1.6
1.1.7
Design Development
Construction Document Phase
Bidding Phase
Construction Phase
Topographic Survey
Geotechnical Investigation
Storm Water Pollution Prevention Plan
$ 74,200.00 (lump sum)
$ 95,400.00 (lump sum)
$ 10,600.00 (lump sum)
$ 31,800.00 (lump sum)
$ 3,300.00 (lump sum)
$ 3,300.00 (lump sum)
$ 2,600.00 (lump sum)
2.0 Reimbursable Expenses
2.1 Reimbursable expenses are estimated at $ 2,400.00 which includes reproduction of bidding and
construction documents and mileage. Expenses shall be compensated based upon the attached
Rate Schedule.
Paae 4 of 9
HUITFZOL~
3.0 Total Estimated Budget
3.1 Our total estimated budget for this project is $ 223,600.00.
4.0 Invoicing
4.1 Invoices will be submitted monthly. Lump sum tasks shall be invoiced based upon percentage of
work completed. Hourly tasks shall be invoiced based upon actual time spent working on the
assignment based on the attached hourly rate sheet to a maximum not to exceed amount
authorized by the Client.
SCHEDULE:
The schedule for performing the scope of services is included as an attachment to this Agreement. Work
shall begin upon Huitt-Zollars, Inc. receiving this proposal accepted and authorized in writing by the Client.
TERMS AND CONDITIONS:
1.0 Coordination with the Client
Huitt-Zollars shall hold periodic conferences with the Client, or his representatives, to the end
that the Project, as it progresses, shall have benefit of the Client's experience and knowledge of
existing needs and facilities, and be consistent with his current policies and construction
standards. To implement this coordination, the Client shall make available to Huitt-Zollars, for
use in planning the Project, all existing plans, maps, field notes, statistics, computations and other
data in his possession relative to existing facilities and to the Project. The Client shall furnish all
legal, accounting and insurance counseling services, land survey information, soils and laboratory
testing, and other special consultants including, but not limited to, asbestos, hazardous and toxic
materials management as required. Huitt-Zollars shall be entitled to rely on the completeness and
accuracy thereof. If the Client observes, or otherwise becomes aware of any fault or defect in the
Project, prompt written notice thereof shall be given by the Client to Huitt-Zollars.
2.0 Billing and Payment
2.1 The Client, recognizing that timely payment is a material part of the consideration of this
AGREEMENT, shall pay Huitt-Zollars for services performed in accordance with the rates and
charges set forth herein. Invoices will be submitted by Huitt-Zollars on a monthly basis and shall
be due and payable within thirty (30) calendar days of invoice date. If the Client objects to all or
any portion of an invoice, the Client shall so notify Huitt-Zollars in writing within ten (10)
calendar days of receipt of the bill in question, and pay when due that portion of the invoice, not
in dispute.
2.2 The Client shall pay an additional charge of one-and-one-half (1.5) percent (or the maximum
percentage allowed by law, whichever is lower) of the invoiced amount per month for any
payment received by Huitt-Zollars more than thirty (30) calendar days from receipt of the
invoice, excepting any portion of the invoiced amount in dispute and resolved in favor of Client.
Payment thereafter shall first be applied to accrued interest and then to the principal unpaid
amount.
Paae 5 of 9
HUITr -7()LLARS
2.3 If Client for any reason fails to pay the undisputed portion of Huitt-Zollars's invoices within 30
days of presentation, Huitt-Zollars shall cease work on the project and Client shall waive any
claim against Huitt-Zollars, and shall defend and indemnify Huitt-Zollars from and against any
claims for injury or loss stemming from Huitt-Zollars's cessation of service. Client shall also pay
Huitt-Zollars the cost associated with premature project demobilization. In the event the project is
remobilized, Client shall also pay the cost of remobilization, and shall renegotiate appropriate
contract terms and conditions, such as those associated with budget, schedule or scope of service.
2.4 In the event any bill or portion thereof is disputed by Client, Client shall notify Huitt-Zollars
within ten days of receipt of the bill in question, and Client and Huitt-Zollars shall work together
to resolve the matter within 60 days of its being called to Huitt-Zollars's attention. If resolution of
the matter is not attained within 60 days, either party may terminate this AGREEMENT.
3.0 Sales Taxes
All sales tax is required to be paid by Huitt-Zollars will be billed to the Client in addition to fees.
4.0 Revision to Drawings and Specifications
Where lump sum or percentage fees are paid for defined basic services, Huitt-Zollars will make,
without expense to the Client, such revisions of the preliminary drawings as may be required to
meet the needs of the Client, but after a definite plan has been approved by the Client, if a
decision is subsequently made which for its proper execution, involves added services and
expenses for changes in, or additions to, the drawings, specifications or other documents, or if
Huitt-Zollars is put to labor or expense by delays imposed on him from causes not within his
control, such as the readvertisement of bids or by the delinquency or insolvency of contractors,
Huitt-Zollars shall be compensated for such added services and expense, which services and
expense shall not be considered as covered by the basic fees stipulated in the Agreement.
Compensation for such added services and expense shall be made in accordance with the terms
for "Additional Services". It is anticipated that inspection services, if provided, will be performed
over a period not exceeding the construction time included in the specifications or bid forms, plus
30 days.
5.0 Ownership of Documents
It is understood that Huitt-Zollars is preparing documents for a specific installation, rather than
standard documents for repetitive multiple use. Therefore, all documents, including original
drawings, estimates, specifications, field notes and data are and remain the property of Huitt-
Zollars as instruments of service. The Client may obtain, upon payment of fees due Huitt-Zollars,
reproducible copies of drawings, and copies of other documents, in consideration of which it is
mutually agreed that the Client will use them solely in connection with the Project, and shall not
authorize their use on other projects, except by written agreement with Huitt-Zollars.
6.0 Termination
In the event termination becomes necessary, the party (Client or Huitt-Zollars) effecting
termination shall so notify the other party and termination will become effective fourteen (14)
Page 6 of 9
HLJIIT -ZOLlARS
calendar days after receipt of the termination notice. Irrespective of which party shall effect
termination or the cause of termination, the Client shall within thirty (30) calendar days of
termination remunerate Huitt-Zollars for services rendered and costs incurred up to the effective
time of termination, in accordance with Huitt-Zollars's prevailing fee schedule and expense
reimbursement policy.
7.0 Professional Responsibilities
7.1 Services will be performed in accordance with sound and generally accepted principles as
expeditiously as is consistent with professional skill and care and the orderly progress of the
work. Huitt-Zollars shall not be liable for any indirect or consequential loss or damage arising
out of the performance of services hereunder, including, but not limited to loss of profit or
business interruption, whether caused by negligence of Huitt-Zollars or otherwise. Huitt-Zollars
shall use reasonable and acceptable methods in preparing designs and cost estimates and in
providing Construction Phase Services (where required) but does not serve as guarantor and shall
not be responsible for bids varying above or below estimates, or for the Construction Contractor's
failure to perform the work in accordance with the Construction Documents. Revisions to
Contract Documents during the Construction Phase resulting in added construction work are not
unusual. Therefore, reasonable Construction Phase contingency reserve funds should be
established by the Client. On fast-track projects with multiple construction packages and
accelerated schedules, reduced escalation accrues as a benefit to the Client, and the Client should
anticipate increased changes during construction to affect interface between bid packages and to
resolve design ambiguities and conflicts.
7.2 Huitt-Zollars shall be included as additional insured, where construction is involved, on the
Builder's Risk policy (on All-Risk Basis) and on Client's Protective Liability Policy. Huitt-
Zollars shall not have control of or charge of and shall not be responsible for construction means,
methods, techniques, sequences or procedures, or safety precautions and programs in connection
with the activities of the Construction Contractor.
7.3 As to warranty of, or patent indemnity on, items of machinery, equipment, or other products
manufactured by others, or work of construction contractors, subcontractors, or manufacturers,
Huitt-Zollars's responsibility with respect thereto is limited to the assignment by Huitt-Zollars to
the Client of the Construction Contractor's (or manufacturer's) warranty, guaranty, or patent
indemnity, and Huitt-Zollars agrees to cooperate with the Client in the enforcement thereof.
8.0 Limitation of Liability
In order for the Client to obtain the benefits of a fee which includes a lesser allowance for risk
funding, the Client agrees to limit Huitt-Zollars's liability arising from Huitt-Zollars's professional
acts, errors or omissions, such that the total aggregate liability of Huitt-Zollars shall not exceed
Huitt-Zollars's total fee for the services rendered on this project.
9.0 Force Majeure
Huitt-Zollars shall not be responsible or liable for any loss, damage, or delay caused by force
majeure, which shall include riot, insurrection, embargo, fire or explosion, the elements, act of
God, epidemic, war, vandalism or sabotage, earthquake, flood, strike, boycott, picketing, act of
any government official or agency - civil or military, unavoidable accident, unlawful act of third
parties, or any cause, whether or not similar to the foregoing, which is beyond Huitt-Zollars's
reasonable control.
Page 7 of 9
HLlITFZOLLAR5
10.0 Consequential Damages
The Client shall not be liable to Huitt-Zollars and Huitt-Zollars shall not be liable to the Client for
any consequential damages incurred by either due to the fault of the other, regardless of the
nature of this fault, or whether it was committed by the Client or Huitt-Zollars, their employees,
agents or subcontractors. Consequential damages include, but are not limited to, loss of use and
loss of profit.
11.0 Miscellaneous Provisions
11.1 Unless otherwise specified, this Agreement shall be governed by the laws of the State of Texas.
11.2 As between the parties to this Agreement; as to all acts or failures to act by either party to this
Agreement, any applicable statute of repose and limitations shall commence to run and any
alleged cause of action shall be deemed to have accrued in any and all events not later than the
relevant date of Substantial Completion of the Work (as defined in the Construction
Specifications).
11.3 The Client and Huitt-Zollars waive all rights against each other and against the employees of the
other for damages covered by any property insurance under the Project Construction
Specifications.
12.0 Opinions of Probable Construction Cost
Opinions of Probable Construction Cost provided by Huitt-Zollars are prepared from experience
and judgment. Huitt-Zollars has no control over market conditions or construction procedures
and does not warrant that proposals, bids, or actual construction costs will not vary from Huitt-
Zollars's estimates.
13.0 Standard of Practice
Services performed by Huitt-Zollars under this AGREEMENT will be conducted in a manner
consistent with that level of care and skill ordinarily exercised by members of the profession
currently practicing in the same locality under similar conditions. No other representation,
expressed or implied, and no warranty or guarantee is included or intended in this
AGREEMENT, or in any report, opinion, document or otherwise.
14.0 Successors and Assignments
The Client and Huitt-Zollars each binds itself and its partners, successors, executors,
administrators and assigns to the other party of the Agreement and to the partners, successors,
executors, administrators and assigns of such other party, in respect to all covenants of the
Agreement. Except as above, neither the Client nor Huitt-Zollars shall assign, sublet, or transfer
his interest in the Agreement without the written consent of the other, and they further agree that
the Agreement represents the entire understanding of the Client and Huitt-Zollars and cannot be
changed, added to or modified in any way except by an instrument in writing signed by the Client
and by Huitt-Zollars. The Client and Huitt-Zollars agree to the full performance of the covenants
contained herein.
15.0 Dispute Resolution
Page 8 of 9
HUIIT -ZOLlARS
15.1 In an effort to resolve any conflicts that arise during the design and construction of the Project or
following the completion of the Project, the Client and Huitt-Zollars each agree that all disputes
between them arising out of or relating to this Agreement or the Project shall be submitted to
nonbinding mediation unless the parties mutually agree otherwise.
15.2 The Client and Huitt-Zollars further agree to include a similar mediation prOVlSlon in all
agreements with independent contractors and consultants retained for the Project and to require
all independent contractors and consultants also to include a similar mediation provision in all
agreements with their subcontractors, subconsultants, suppliers and fabricators, thereby providing
for mediation as the primary method for dispute resolution between the parties to all those
agreements.
AUTHORIZATION:
Should this proposal meet with your approval and acceptance, please sign and return to our office by
facsimile at 281/496-0220. We will schedule the above services as soon as we receive your authorization.
If you have any questions, please call.
Sincerely,
HUITT-ZOLLARS, INC.
Accepted and Approved for
City of La Porte, Texas
/JuJ~
r--
~c)e(LMJ s
Gregory . Wine, P.E., LEED AP
Senior Vice President
Enclosures
~~~4\ (~~ ~~ V-
(Title) '--- 0-
7'" 7- 4-0 -;
(Date)
Page 9 of 9
City ~ l;o Parte
Municipal Courts Building
HUITf-2Ol.1ARS
PROJECT BUDGET WORKSHEET - HOUSTON
alent:
Project Name:
Contract No.:
Project No.:
Date:
Project Number:
Project Template:
Labor Code Schedule:
INEW
HZ LABOR BUDGET
Labor Labor au.iIIcotion
PIC
PM)( Project Manager
SCE Sr.Ovil
EIT Engineer Intern
STE Structural Engineer
MEX Mechanical
EEl< 8ectrical Engineer
SAX Sr. Al1:hitect
A1X Al1:hitect Intern
lAX Landscape AIl:hitect
47 RPR
49 PRO
PHASE NUMBER
TASK NUMBER
RMB
5,880.00
11,780.00
15,300.00
19,012.00
2,640.00
14,700.00
Direct Expenses (Distribute among Phases/Tasks .s applicable)
223.00
DIrect Consultlints (Distribute among Phases/Tasks as applicable)
2,400.00
RMB Consultants (Disbibute among Phases/Tasks as applicable)
3,300.00
CONTRACT SUM
223,600.00
Copy of PROJECT_WORKBOOK_Oty of La POrte Municrpal Courts Bldg.XLS I PROJECT BUDGET. HZ
HUIlT:ZDUARS
EXPENSE BUDGET WORKSHEET
Client: City of La Porte
Project Name: Municipal Courts Building
Date:
PROJECT NO:
Contract No.:
NEW
o Yes D No
Outside Reproduction
Reimbursable
Estimation of Project Expenses
# of copies
Cost per
Co orS Ft*
Cost
168.00
36.00
VE;!/Ium Reproduction (per sq It)
AlA Documents (per copy)
D~lIverYjCharges (Estimate $15 per deli~ery)
Miscellaneous Costs (Binders, covers, folding, etc.)
8
8
$
10.00
$
80.00
876.00
o Yes D No Mileage
Round Trip
Milea e
Est. # of Trips
Total Miles
Cost per Mile
Cost
Total of All Expenses Estimated
TOTAL OF DIRECT (NR) EXPENSES
TOTAL OF REIMBURSABLE EXPENSES
$
2,316.45
REIMBURSA8LE EXPENSES MARKUP (excluding mileage) 10% L...... ...__......._..~Lg.Q
. Verify Una Cost with Office Manager
TOTAL ESTIMATED BUDGET FOR REIMBURSABLE EXPENSES
TOTAL BUDGET FOR REIMBURSABLE EXPENSES
$
$
2,404.05
2,400.00
Copy of PROJECT _WORKBOOK...City of La Porte Municipal Courts Bldg.XLS/EXPENSE BUDGET
HUITT -ZOLlARS
CONSULTANT BUDGET WORKSHEET
Client:
Project Name:
City of La Porte
Municipal Courts Building
Date:
PROJECT NO:
Contract No.:
NEW
REIMBURSABLE CONSULTANTS
Survey
Geotech PSI
Environmental
Tree Protection
Civil
Structural.
Traffic Engineering
MEP .
Other
Other
Other
Other
Consultant's Name
Consultant's Proposal Amount
Total Budget
3,000.00
3,300.00
Survey .
Geotech
Environmental
Tree Protection
Civil
Structural
Traffic Engineering
MEP
Other
Other
Other .
Other
DIRECT (Non-Reimbursable) CONSULTANTS
Consultant's Name Consultant's Proposal Amount
Total
Copy of PROJECT_WORKBOOK_City of La Porte Municipal Courts Bldg.XLS/CONSULTANT BUDGET
-------
"'.--
0"""'-"
Agenda Date Requested: Jul
FOR CITY COUNCIL AGENDA ITEM
Appropriation
Requested By:
Source of Funds:
Department: Administration
Account Number:
Report:
Resolution: X Ordinance:
Amount Budgeted:
Exhibits: Resolution 2007-
Amount Requested:
Exhibits: Exhibit A - Legal Description of Leased Premises
Budgeted Item:
V)j'S NO
Exhibits: Exbibit "- 1 Lealie "-rea
Exhibits: Letter dated June 13, 2007
SUMMARY & RECOMMENDATION
Previously, Council directed staff to explore the potential for sale of the City's 5.98 Acre Tract
ofland in the City of Morgan's Point, which is currently leased to James J. Flanagan Shipping
Corporation for a term which will expire on December 31, 2011.
Flanagan Shipping has been notified of the potential sale and if Council approves this resolution
they will be advised that the City will not entertain an extension of the current lease and will
prepare to receive bids subject to the lease. At such time, Flanagan Shipping can submit a bid
for consideration.
Action Required bv Council:
Approve Resolution authorizing the City Attorney to obtain an appraisal of the City's 5.98 Acre
Tract of land, prepare for receiving bids for the sale of said real property by the City of La Porte,
subject to the existing lease on said property, finding compliance with the open meetings law and
providing and effective date hereof.
7/}7(O'?
I Date
RESOLUTION NO. 2007- I~
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO OBTAIN AN APPRAISAL
OF THAT CERTAIN 5.98 ACRE TRACT OF LAND, OWNED BY THE CITY OF LA
PORTE, AND SITUATED IN THE CITY OF MORGAN'S POINT, TEXAS, TO
PREPARE FOR RECEIVING BIDS FOR THE SALE OF SAID REAL PROPERTY BY
THE CITY OF LA PORTE, SUBJECT TO THE EXISTING LEASE ON SAID
PROPERTY, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City of La Porte is the owner of that certain
tract or parcel of land, comprised of 5.98 acres, more or less, and
being situated in the city of Morgan's Point, Texas. Said tract of
land is more particularly described on Exhibit "A" attached hereto,
and incorporated by reference herein.
Said tract of land is
currently leased to James J. Flanagan Shipping Corporation, a Texas
business corporation, for a term which will expire on December 31,
2011.
Section 2.
The City Council of the City of La Porte has
determined that it is in the best interest of the city of La Porte
to obtain an appraisal on said real property; prepare bid
specifications for the sale of said property; and to receive bids
for the sale of said property, subject to said lease.
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 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 4. This Resolution shall be effective from and after
its passage and approval and it is so ordered.
PASSED AND APPROVED this 23rd day of July, 2007.
By:
~?~
Alton E. Porter, Mayor
ATTEST:
~~tloWd
M rt a A. Gillett
City Secretary
AP~ J.
aJ~~
Knox W. Askins
City Attorney
2
EXHIBIT nAil
Legal Description of Leased Premises
That certain parcel of la~d situated in the city of
Morgan's Point, Texas, containing 260,480 square feet or
5.98 Rental Acres, and being comprised of the following
parcels:
1. All of Block 474, Nebraska syndicate, according to
the map or plat thereof recorded in Volume 83, Page 345
in the Deed Records, Harris County, Texas, together with
the former 16' alley in said block, vacated, abandoned
and closed, by the city of Morgan's Point, and being a
tract of land containing 106,400 square feet.
2. All of Block 475, Nebraska Syndicate, according to
the map or plat thereof recorded in Volume.83,'page 345
in the Deed Records, Harris County/Texas, togeth~~ with
the former 16~ .alley.in said block, vacated, abandoned
and closed, by the city of Morgan's Point, and heing a
tract of land containing 106,400 s'quare feet. .
3. That portion of forme!:, 8th Avenue, lying and. being
situated between Block 474 and Block 475, Nebraska
syndicate, according to the map or plat thereof recorded
in , Volume 83 , Page 345. in the Deed Rec6rds, Harris
. County, Texas, and between the south right-af-way lipe of
North "I". street, and the north right-of-Viayline of
formE=r North "HI' street, being a tract of land containing
24,000 square feet.
4 ..The north 40' of the former North "HI' st.reetright-
of-way,. . being a tract ,of land contiguous to the . sOllth
property lines of, Blocks 474 and 475, Nebraska syndic2rte,
according to the map or plat thereof recorded in Volume
83, Page ~45 in the Deed Records, Harris County,Texas,
/ angcontiguous tothe south lin~ of, the former 8th street
right-of-way described. in Paragraph 3 hereof, 'and
extending from the e~st.. right-'-of-;way line of North
Brpadway to ,the east property line,.. extended south, of,
Block 474, Nebraska Syndicate, according to. the map (Jr
plat thereof, recorded in Volume 83, Page 345, in the Deed.
~ecords, Harris County, Texas, and' being a tract of land
containing'23~680 square feet.
SUBJECT.. TO ,the terms and provisions of that certain
ea.sement . agreement between the Ci ty of La Porte and
Houston Lighting & Power Company, dated the . daY,of
,19 and recorded under Harris County
Clerk's file No.
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NORTH BRO/'SWvA"Y
-.
EXH1B1T !vI
. -----.. ..-
...--- ---
---------
City of La Porte
Established 1892
June 13,2007
Tom Flanagan
490 Park Street, Suite 200
Beaumont, Texas 77701-2900
Deliver Via Facsimile
Followed by Regular Mail
RE: City of La Porte 5.98 Acres
Dear Mr. Flanagan:
The La Porte City Council was updated on the material recently provided by you and the status of our
negotiations.
The Council was also briefed on a request made by a group of developers regarding the extension of rail
service through the subject property to the "H" Street ROW. Specifically, the City has been asked to
consider exercising the "rail provision" that was included in the original lease.
After further discussion, the City Council decided they wish to explore the potential for sale of the
property. At this time the CoUncil does not wish to entertain a 25 year lease until the sale option is
explored more thoroughly.
Therefore, please consider the ongoing discussions/negotiations suspended. The City UIiderstands your
continued interest in the property. and will keep you advised of any decision to sell the property. If a sale
is considered, it willbe in the form of a duly advertised notice to the public requesting the submission of
sealed bids to the City for the purchase of the property.
We appreciate your interest in the property and again will inform you of any decision to sell the property.
JJ/ml
cc: Mayor and City Council
Knox Askins, City Attorney
Clark Askins, Assistant City Attorney
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
-
--
- A
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested July 23, 2007
Reque'ted By M. am,ttJ A. Ow,,", '-1'l. ~
Department: Mayor lIJ:ld City CQ'IJ:l~il rr=
Appropriation
Source of Funds:
Account Number:
Report: X Resolution:
Ordinance:
Amount Budgeted:
Exhibits: Email from MCCi and Muni Agenda Quote Sheet
Amount Requested:
Budgeted Item: YES NO
Exhibits: Mllni A.~rnda Demo
SUMMARY & RECOMMENDATION
Review quotation sheets for possible implementation of an electronic agenda.
Action Required bv Council:
Discuss an electronic agenda and provide staff with direction.
A
7)tf/07
Da(e '
,-
CITY OF LA PORTE
INTEROFFICE MEMORANDUM
July 18, 2007
TO:
Martha A. Gillett
FROM:
AI Owens, IT Manager
SUBJECT:
"Paperless Agenda Option"
After reviewing and researching your request on displaying the agenda to council with the use of
the Laserfiche Paperless Agenda software, I derive about (2) options that could satisfy the
condition with a low-cost total.
Option I
. This option would be to purchase low-cost laptops/notebooks with LAN capabilities
(hardwire or wireless) to connect to our network. At that point council could retrieve the
agenda from the server and maneuver through the document at will. Each laptop would
have a wireless connection to connect from within the council chamber.
Estimated Cost: $8850.00 dollars (Notebook Compu~ers) -$983.00 per laptop
. An additional cost would be included ( est. $60.00 per/mon) for each laptop to have a
wireless connection service to connect from home or other locations to view the agenda
if not connected at City Hall - $540.00 per month total for all laptops
. Since these laptops are connecting to the City Server/Network a cost for maintenance
would need to be applied.
Option II
. Another option would be to places (3) large plasma screen, ranging in the size of (3) 42"
or greater throughout the council chamber. Two monitors would be placed along the wall
at the end of council bench area. The third monitor would be mounted outside in the
lobby to allow citizens to view the agenda when the council chamber is over crowded or
citizens may need to exit from the chamber. The monitors would provide a viewing area
for the citizen in the council chambers. Again, the monitor's information would be control
by you for what is being displayed.
Estimated Cost: $11,555 (Plasma screens, mounting brackets, and video splitter & connectors)
Page 10f2
Gillett, Martha
From: Russell Haddock [rhaddock@mccinnovations.com]
Sent: Monday, July 16, 200710:39 AM
To: Gillett, Martha; Owens, AI; Harris, Sharon
Subject: FW: MCCi
Attachments: LaPorteTXMACp _2_.pdf
I wanted you guys to have an updated proposal on the MuniAgenda software. We have restructured
our price on the system and I believe this comes out to a little cheaper than the last quote we sent you.
This proposal includes the integration wi Laserfiche as well as the Minutes Module we discussed on
Friday. The minutes used to be included by default but we have recently broken it out as a separate
line item. This allows you to take it out of the proposal and possibly add later if you choose to do so-
gives you more options.
Let me know if you guys have any questions.
Thanks,
Russell Haddock
Account Executive Southwest Region
MCCi
Fort Worth, TX Office
Phone: (817) 788-1102
Mobile: (817) 909-9266
Fax: (850) 701-0715
rhaddock@rnccinnovations.com
Ask me about advanced Laserfiche Training
August 7-8 in Austin, TX
Ask me about our free Document/Records Management Seminars
Automat13JjA~m:l~_s E!~Qj:IoDk:RecordsManagement - Flash Demo
MunJScan -_Scanning & Indexing Services MCCi SuJmQf!
Need help with your Co_de Of Ordinances?
From: Candice Poarch
Sent: Monday, July 16, 2007 10:36 AM
To: 'gillettm@laportetx.gov'
Cc: Alexis Killeen; Russell Haddock
Subject: MCCi
Dear Ms. Gillett:
Attached is the pricing information regarding the MuniAgenda software you discussed with Russell Haddock.
Please contact Russell if you have any questions. Thanks and have a great week.
Sincerely,
Candice Poarch
Administrative Assistant
7/16/2007
Page 2 of2
MCCi
phone (800) 342-2633 ext. 551
fax (850) 701-0715
c1poar~h@m~~innovatiQns~QlJl
www.lJlc::c:inOQVatiQl"ls.c:om
Register for an upcoming WEalNAR
I..QQking~L~b~lter way_tOJl1aOClgeY-QuL';~END}\~
7/16/2007
.
MCCt
Municipal Code Corporation
CORPORATE OFFICE
Sales Department
PO Box 2235 . Tallahassee, Florida 32316
(800) 342-2633 . FAX (850) 701-0715
RUSSELL HADDOCK
Account Executive (TX, OK and LA)
7940 Park Ridge Drive Fort Worth, TX 76137
(817) 788-1102 . rhaddock@mccinnovations.com
July 16,2007
Ms. Martha Gillett
City Secretary
City of La Porte
604 West Fairmont Parkway
La Porte, Texas 77571
Dear Ms. Gillett:
I enjoyed speaking with you recently regarding the MuniAgenda software. Pursuant to our discussion we
are pleased to enclose our Professional Services Proposal. While reviewing the proposal please keep in
mind the following advantages of being a customer ofMCCi:
> MCCi is a division of Municipal Code Corporation (MCC) - MCC has been serving local
government for more than 50 years and has a proven track record of developing services to meet local
government needs. MCC's philosophy is to provide cost effective, easy to use products and provide
.- personalized customer service. MCCi has followed this model.
> MCCi focuses on local governments- MCCi was created by Municipal Code Corporation to focus
on innovative technologies for local government. MCCi provides software and services to more than
250 cities and counties.
> MCCi offers superior support- MCCi offers support through our help desk, email, and toll free
number. We also have a phenomenal online support center that gives end users access to training
manuals, "how to" checklists, training videos, a knowledge base, and software updates.
CISV PROGRAM. Municipal Code Corporation has been approved by the General Services Commission
of Texas, as a Catalog Information Systems Vendor (CISV). Information on this purchasing program can
be found at http://www.tbpc.state.tx.us/stpurch/cisv.html. The enclosed price schedule outlines the costs
for our services and software based on our CISV agreement. MCCi's catalog can be viewed at
http://www.mccinnovations.com/cisv/index.html.
If you have any questions concerning our proposal or desire additional information, please do not hesitate
to contact me on our toll-free number. We appreciate your interest and hope that we will have the
pleasure of working with you and serving the City of La Porte, Texas.
Sincerely,
Russell Haddock
Account Executive
RH/ak
Enclosures:
Exhibit A - MuniAgenda Proposal
Executive Summary
.-
MuniAgenda is designed to automate the agenda process by giving you the ability to create, approve and
track items for upcoming and past Council or Commission meetings with a fully customizable, web-based
interface. We focus on customization because we know that every city and county approaches the agenda
process differently. With MuniAgenda you can:
~ Eliminate Paper- MuniAgenda is the only product that tackles the agenda process from the
beginning. This means paperwork is eliminated at the source.
~ Publish your agenda automatically- Once everything has been approved, simply "make the
agenda public" and it will be published to your website. End Users or the public can access
individual sections, or the entire Agenda in PDF format.
~ Customize your Agenda Layout- MuniAgenda offers the flexibility of customizing the look and
layout of your Agenda. Your constituency is accustomed to seeing Agendas in a familiar layout.
Users and the public will see the same Agenda they saw in the old system.
~ Customize & Automate Item Requests- MuniAgenda offers the flexibility of customizing the
look and layout of your Item Request page. The Item Request captures key attributes of each
item. Names, Description, Type, Category and more are all captured on the item request page.
Focused on user-friendliness, MuniAgenda can be customized to replicate your existing paper
electronic form.
~ Customize & Automate Approval Process- MuniAgenda allows you to have Custom Workflow
for your items. Workflow can vary by item type. An ordinance may have one workflow while a
contract may have another. Custom workflows combined with the option of allowing user
defined workflows helps insure your complex process needs will be met.
~ Minutes Creation - MuniAgenda offers "MuniMeeting" as a module, which allows you to
publish both your "action" minutes, and your complete set of minutes when you are ready.
MuniAgenda is also integrated with other Minutes creation tools for your convenience.
~ AudioNideo Integration - AudioNideo integration is a future option for the MuniMeeting
module. MuniAgenda is also integrated with Granicus for audio/video and web streaming.
-
Keeping all of this in mind, you can see how MuniAgenda focuses on customization. We realize that
every city and county has different processes, needs, and complex approval processes that must be
addressed. MuniAgenda is a web-based solution designed specifically for Government organizations.
MuniAgenda will save time and money by streamlining the process of Agenda item creation. Whether
big or small, MCCi will package and customize MuniAgenda to meet your technical and budgetary needs.
MUNIAGENDA SOFTWARE
QUOTATION SHEET
*Please check all boxes below for options desired.
SOFTWARE
0' MuniAgenda Standard Edition
$8,170
SOFTW ARE SUPPORT
0' MuniAgenda Standard Edition Annual Support Premium (MSAP)
$2,450
For budgetary purposes, the Client should include this amount in annual budget for renewal of MSAP of
the above quoted software.
REQUIRED IMPLEMENTATION SERVICES:
0' Remote Installation & Configuration
0' 1 day, Onsite Training & Installation
Total Required Implementation Services
$1,500
$2,1001
$3,600
Total Cost (excluding customization services below)
$14,220
CUSTOMIZATION SERVICES:
0' 1 Customized Item Details Screen
o 1 Customized Agenda Layout
0' 10 PSP hours, 151 year MCCi PSP package @ $110 per hour
0' Up to 5 Customized Workflow Configurations
0' lAD Session, (1 day)
Please note JAD sessions will be billed upon completion of session.
Total Required Implementation Services
$1,500
$1,500
$1 , 1 00
$1,000
$2,500
$7,600
DOCUMENT MANAGEMENT CONNECTOR SOFTWARE. SUPPORT & IMPLEMENTATION:
0' Document Management Connector $3,000
0' Document Management Connector ISAP $600
o Remote Installation & Training - up to 10 hours $1,100
Total: $4,700
MUNIMEETING SOFTWARE. SUPPORT & IMPLEMENTATION:
o MuniMeeting Standard Edition
o MuniMeeting Standard Edition Premium MSAP
o MuniMeeting Standard Edition Basic MSAP
o Customized Minutes Layouts (up to 2 layouts for "action" and "final" minutes)
o Remote Training & Installation - up to 10 hours
Total:
$4,200
$1,260
$800
$1,500
$1, 100
$8,860
PAYMENT & BILLING TERMS
MCCi will invoice fifty percent (50%) of the total contract amount upon receipt of signed
contract. Balance will be invoiced and billed upon completion of installation and training.
Payment will be due upon receipt of an invoice.
Total Cost
$35,380
I Any training hours not used in the implementation will be converted to PSP hours. All training costs are per day
(based on an 8 hour day) and per MCCi Technician.
MUNIAGENDA OPTIONAL SERVICES
QUOTATION SHEET
*Please check all boxes below for options desired.
MUNIAGENDA OPTIONAL IMPLEMENTATION SERVICES:
o Additional lAD Session, per day $1,500
o Additional day of installation/training $1,500
o Project Management for On Site Rollout, per day $1,500
o Developer Course (conducted at MCCi Corporate, 3 days), per trainee $4,500
Additional trainee's $2,250 each. Courses enrollment is limited to 5 developers from your organization.
o Hosting, up to 5 GBs, per year $3,0002
o Additional Customized Item Details Screen per each $1,000
o Additional Customized Agenda Layouts per each $1,000
o Additional workflow configuration per each $200
o Future Customization, per hour $110
GRANICUS INTEGRA nON SOFTWARE. SUPPORT & IMPLEMENTATION:
o Granicus Connector
* * Please contact your Granicus representative for their fees associated with this integration
o Granicus Connector ISAP
D Remote Installation & Training - up to 5 hours
$3,000
$600
$550
PAYMENT & BILLING TERMS
MCCi will invoice fifty percent (50%) of the total contract amount upon receipt of signed
contract. Balance will be invoiced and billed upon completion of installation and training.
Payment will be due upon receipt of an invoice.
2 Cost is per year and may vary if bandwidth varies unexpectedly. Discuss variances with your project manager
The terms of this agreement shall remain in force and effect for a period of ninety (90) days from the date
appearing below, unless accepted by the Client.
Submitted by:
MCCi, a Limited Liability Company
Date:
July 16, 2007
By:
(Signature)
(Printed Name & Title)
Witness:
(Signature)
Noted Items Accepted by:
CITY OF LA PORTE, TEXAS
Date:
By:
(Signature)
(Printed Name & Title)
Witness:
(Signature)
(Printed Name & Title)
MCCi, a Limited Liability Company and subsidiary of MUNICIPAL CODE CORPORATION, which is duly
organized and existing under the laws of the State of Florida, hereinafter referred to as MCCi, hereby offers the
MuniAgenda Software & Services to the City of LA PORTE, TEXAS, a corporation duly organized and existing
under state law, hereinafter referred to as the Client, according to the following terms and conditions.
-
1. MUNIAGENDA SOFTWARE
1.1. MuniAgenda Editions. MCCi will provide the client with the MuniAgenda Software (developed by
Novusolutions) which is a web based solution designed specifically for Government organizations.
MuniAgenda will save time and money by streamlining the process of Agenda item creation. MuniAgenda
Editions are listed below:
a. Standard. MuniAgenda Standard Edition includes the core code for managing your Agenda process for
multiple meetings within your organization. A feature overview follows below:
. Create Agenda Items- Authorized users can create items for your upcoming meetings.
. Add Attachments - Users can add multiple attachments to any item.
. Workflow - Users can "send" items for approval to users who are part of the review and approval
process for that item. As an option, MCCi can configure "predefined" workflows with email
notification.
. Custom Item Details Page - The item details page used to create an Agenda item can be
customized as an option in the standard edition. Clients can choose to go with the standard item
details page at no additional cost.
. Customized Public Agenda - The agenda viewed by the public can be customized to meet your
specific need. Clients can choose to go with the standard agenda layout at no additional cost.
. Clerk Meeting Manager - The board clerk can manage meetings dates and types in a simple to use
interface.
. Custom Item Categories - Clients can define the categories of items being created.
. Independent User Management - You can mange your users within MuniAgenda without
interaction with active directory or other services.
. Internal Item Search - Internal users can search for items in the database for research purposes.
. Convert Attachments to PDF -Automatically convert all attachments to PDF for presentation to
the public. MuniAgenda uses a conversion tool that will convert most attachments to PDF on
upload. The tool takes advantage of a print driver to handle the conversion. This feature requires a
single copy of the client application the file was created to be loaded on the server. For example, in
order to convert office documents you must add a single license of Microsoft Office to the server.
. One Click Printing of Agenda - Users can print an entire AGENDA packet with one click from
one single PDF file. The Agenda along with all the attachments are "stitched" into one single PDF
file.
. Internal departmental access to agendas - MuniAgenda can be configured to allow internal users
access to your agendas at specific points. For example, you may choose to have departments view
agendas that are still in draft mode. This will allow staff to see what's coming up knowing it is not
finalized. You may prefer to restrict staff to view agenda that are finalized. Finally you may want to
offer both options. MuniAgenda is easily configured to support all options at no additional costs.
MuniAgenda Standard edition is shipped with a standard agenda layout at no added cost. Your logo can
be added to the standard layout at no cost. Some clients desire customization so the agenda layout matches
the one they use today. This is an option with MuniAgenda standard edition. See the pricing section for
costs. MuniAgenda Standard edition is shipped with a standard item creation page at no added cost.
Some clients desire customization so the item creation page. This is an option with MuniAgenda standard
edition. See the pricing section for costs.
b. Enterprise. MuniAgenda Enterprise Edition includes the Standard Edition plus the features listed here:
. Active Directory Authentication - Users are authenticated against your Active Directory.
. Workflow Support Utility - This utility allows your administrators to create and deploy pre-
configured workflows. The workflow engine can support unique workflows for each department as
well as multiple organizational workflows. Users simply submit an item to a pre-configured
workflow and all the steps in the preset workflow will be added to that item.
1.2. MuniAgenda Optional Software & Integration Services:
a. MuniMeeting Standard
MuniAgenda and MuniMeeting are fully integrated solutions designed to work together to offer a
complete solution to your LegislativelPolicy process. MuniAgenda can be purchased by itself if you prefer
to tackle one stage of this process at a time. MuniMeeting can be added later.
. Create Minutes Module - Clerk can record meeting minutes during the meeting or after.
. Record Motions - Motions for each item are recorded.
. Manually Record Votes - Board members vote and clerk records their votes for each motion.
. Customized Minutes Draft and Final- A web page is created to display your meeting minutes to
the public. There is one layout for draft minutes which provides summary information without
commentary or votes as well ad final minutes which display votes and commentary. MCCi can
customize the minutes layout, or the client can choose the standard layout at no additional cost.
. Public Search Page- Public can search for meeting and view the minutes both draft and final.
. Convert Attachments to PDF -Automatically convert all attachments to PDF for presentation to
the public. MuniMeeting uses a conversion tool that will convert most attachments to PDF on
upload. The tool takes advantage of a print driver to handle the conversion. This feature does require
a single copy of the client application the file was created in on the server. For example, in order to
convert office documents you must add a single license of Microsoft Office to the server.
. One Click Printing of Minutes - Users can print the entire minutes packet with one click.
. Optional Custom In Meeting Public Display - The public display can be customized to match your
needs for layout and design. This is an additional cost that would be reflected in the pricing section.
MuniMeeting Standard edition is shipped with a standard minute's layout at no added cost. Your logo
can be added to the standard layout at no cost. Some clients desire customization so the minute's layout
matches the one they use today. This is an option with MuniMeeting standard edition. See the pricing
section for custom minute's layout costs.
b. Document Management Connector. MCCi's Document Management Connector gives you the ability
to attach attachments to agenda items directly from your Document Management System. Once your
agenda is complete this connector also allows you to archive your final agenda packet (and minutes if
utilizing the MuniMeeeting module) back into your document management system. Please contact MCCi
regarding the typelbrand of document management you are using to ensure the connector is compatible.
c. Granicus Integration (3Td party minutes & audio video solution). MCCi takes great pride in its
partnership and integration with Granicus. Granicus MinutesMaker is the leading minutes annotation tool
that integrates streaming video with meeting minutes and automates the publishing to your organizations
Internet Website. MuniAgenda represents the best in breed of agenda management solutions for local
government. The two combined gives you the most comprehensive end-to-end legislative document
workflow solution, creating a powerful and intuitive public access tool for your staff and citizens.
. MediaManager Software Developer's Kit - MCCi utilizes Granicus' MediaManager Software
Developer's Kit (SDK) to create the interface between MuniAgenda and Granicus
. Automated Agenda To Minutes Workflow - With a click of a button, your agenda and supporting
documents that encompass your agenda packets are transferred from MuniAgenda to Granicus to be
utilized to create your public meeting minutes with Granicus MinutesMaker.
. Integrated Pubic Website - The Granicus and MuniAgenda Integration includes a content
management feature for your public website. All scheduled meetings, agendas, minutes, staff reports
and search features are managed by Granicus MediaManager, eliminating any manual website updates
for your meeting agenda and minutes information. Plus, it is easily accessible for your citizens!
1.3. Project Overview. Once a purchase order or signed contract has been received, a MCCi project manager will
be assigned to your project. It is the responsibility of your organization to assign a single point of contact for
this project. While more than one person can be involved in the process, a single point of contact for key
issues is important. NotifY your MCCi account representative or project manager of the name of the point of
contact. This contact will be handled via conference calls and web conferencing. Your MCCi project
manager will contact your coordinator to run through the mockup and deployment process.
a. Pre-consultation. MCCi's Project Manager will send the client our professional services document
requesting information pertaining to your implementation. This will include copies of your agenda item
request forms, agendas, minutes and any exiting documentation of your workflow/approval process.
This documentation will aid MCCi's Project Manager during the mock up phase and customization
phases.
. JAD Session. This is a service and is highly recommended. Description of JAD is included in the
standard services section (2.1a).
b. Mockups. Each client has their own format for board meeting agendas and minutes. Your MCCi Project
Manager will work with you to create mockups that meet your unique needs. This process is handled via
teleconference calls. Meetings will focus on the layout of your current Agenda and then any changes you
wish to make to it. Once your needs are understood, MCCi will mock-up a sample Agenda for your
review. We will go through this mockup process until your needs are met and mock ups are approved.
c. Customization. Once Mockups and Workflows are approved by you, they will be turned over to MCCi
developers to create your specific layout. One developer will be assigned to build your layout to insure
continuity on the project. The customization time frame can vary based on current workload and the
complexity of your project, but typically within one month of mockup approval.
d. Demonstration & Pre-testing. Once customization is complete MCCi's project manager will take the
client through a complete demonstration of the product functionality and customizations.
e. Installation. Installation and testing should take no longer than 1 day. The client will have the option of
installing MuniAgenda in their live environment prior to training, or allowing MCCi to temporarily host
during training and make necessary changes identified during mock agenda sessions.
Remote Installation: When circumstances allow, installation may be handled "remotely".
f. Training. Training is conducted onsite and includes training the administrator and end-users. MCCi also
offers Train-the-trainer training if that is city/county protocol. In most deployments, training can be
accomplished within 2-3 days. MCCi also provides the client with admin and user training manuals as
part of the software purchase for future reference.
Remote Training: When circumstances allow, training may be handled "remotely".
g. Parallel Testing. Client agrees to run a parallel testing environment prior to attempting a "live"
MuniAgenda environment. Parallel testing is defined as running the current agenda process concurrently
with the new MuniAgenda process, until the client project team is comfortable moving forward into a
live environment. MCCi has seen the most success with clients who take the time to apply the parallel
concept prior to attempting a live MuniAgenda environment. Final Billing will occur prior to parallel
testing, but MCCi support is active and fully available during this period.
1.4. Sample Implementation Timeline. The following steps in the implementation process are based on MCCi
experiences and best practices. The overall timeframe may vary depending on the client's responsiveness.
Days below are calendar days.
1 Pre-consultation Project team Project Manager 15 days
2 Mockups None Project Manager 25 days
3 Mockup approval and redesign Project team Project Manager 35 days
4 Customization None Project Manager 55 days
5 Demonstration & Pre - testing ITlProject team Project Manager 57 days
6 Installation IT Project Manager 58 days
7 Admin & end user training ITlProject teamlEnd users Project Manager 60 days
8 Parallel Testing Staff 90 days
1.5. TechnicalOverview. MCCi will provide necessary consultation as to the compatibility of current hardware
with the MuniAgenda Software. Changes and recommendations will be made at the time of consultation.
MuniAgenda is a solution written in C# Dot NET. The application resides on a web server and stores data in a
Microsoft SQL 2000 database. The SQL database can be on the same server or another server in the same
domain.
a. Installation. Upon shipment, MCCi provides complete installation instructions. The software and the
installation instructions are shipped to clients on a CD. Client can install the solution without technical
support however, remote technical support is made available as part of a standard deployment with no
additional cost. Client can schedule time for remote technical support by contacting their MCCi project
manager. This should be done with at least three days notice to insure proper support is available. There
are certain circumstances when MCCi may be required to be onsite for software installation, and the
appropriate charges will apply.
b. Site Preparation. The Client site should be ready for installation according to specifications outlined
within the Hardware section listed below. If site is not prepared and results in cancellation, delays, or
rescheduling of an installation after MCCi has made travel arrangements, the client may incur expenses
due to circumstances such as non-refundable airline tickets, training/install charges, hotel reservations,
rental cars, etc.
c. Recommended Hardware & Software Specifications
Web Server
Hardware
. Intel Xeon 667MHz Processor (or equivalent)
. I gigabyte RAM
. 20 gigabytes of available hard disk space
. 100 mbs Network Controller
. CD-ROM Drive
. Server backup/redundancy system (RAID, Tape Backup, SAN, etc.)
Software
. Microsoft Windows Server 2003-Standard Edition (or higher)
. Microsoft Internet Information Server (IIS) v6.0
. Microsoft .NET Framework vl.1
. Virus Protection Software
. Optional MuniAgenda Replication engine in a fire walled deployment only
Database Server
......
Hardware
. Intel Xeon 667MHz Processor (or equivalent)
. 2 gigabytes RAM
. 80 gigabytes of available hard disk space
. 100 mbs Network Controller
. CD-ROM Drive
. Server backup/redundancy system (RAID, Tape Backup, SAN, etc.)
Software
. Microsoft Windows Server 2003-Standard Edition (or higher)
. Microsoft SQL Server 2000-Standard Edition (or higher)
. Print-enabled applications (i.e. Microsoft Office, CAD/CAM printing application) for all types of
documents that will need to be converted to PDF (not required is using a separate converter server)
. Microsoft .NET Framework v 1.1
. Virus Protection Software
Software
. Microsoft Windows Server 2003-Standard Edition (or higher)
. License for Microsoft SQL Server 2000-Standard Edition (or higher)
. Microsoft Reporting Services for the installed version of SQL Server
. Microsoft .NET Framework v 1.1
. Virus Protection Software
Converter Server (Optional)
The Converter server specs can be reduced if needed to leverage existing hardware. Contact MCCi with
questions.
,.,-
Hardware
. Intel Xeon 667MHz Processor (or equivalent)
. 2 gigabytes RAM
. 80 gigabytes of available hard disk space
. 100 mbs Network Controller
. CD-ROM Drive
. Server backup/redundancy system (RAID, Tape Backup, SAN, etc.)
Software
. Microsoft Windows Server 2003-Standard Edition (or higher)
. Print-enabled applications (i.e. Microsoft Office, CAD/CAM printing application) for all types of
documents that will need to be converted to PDF
. Virus Protection Software
Client Machines
Client computers accessing MuniAgenda can do so using a web browser. No other client-side software is
required. Clients can be PC or MAC.
d. MCCi Software Customizations. The customer may elect to contract with MCCi to customize the
standard software. As the basic (MuniAgenda) software is upgraded, any customizations performed will
require support in the form of updating through our Integration Support Assurance Program (ISAP). ISAP
must be current to receive updates to the integration at no additional charge.
e. Other programs and Effects. Upgrades to existing programs, or the acquisition of new programs from
vendors other than MCCi, may have an effect on customizations made to the software by MCCi. MCCi
will not be held responsible if upgrades or changes made by the customer or another vendor or application
preclude the operation ofMCCi's customizations.
f. Client Software Customizations. The client may also choose to customize their software internally,
without MCCi's help. MCCi is not responsible for any damages caused by the user's customization of the
software. MCCi will not be held responsible for correcting any problems that may occur from these
customizations. Routine updates to the software may affect any customizations made by the user. If
MCCi's help is required to correct/update any customizations made by the client, appropriate charges will
apply.
2. MUNIAGENDA PROFESSIONAL SERVICES
Certain deployment services must be provided to insure a successful deployment of MuniAgenda. In the section
below we describe the services required for a successful rollout and the skill set needed to deliver each of the
services. If you have the proper skill set on staff and the staff has time to allocate to this project, you can deliver
some of these services yourself or under the supervision ofMCCi staff.
2.1. Standard Services
a. MCCi JAD Session. A Joint Application Development (JAD) session is a scheduled, formal workshop to
create deliverables to the desired level of completeness in the shortest reasonable time. MCCi leads these
sessions and concentrates on defining business requirements and the actual system design that follows.
Project challenges: There are several challenges facing customers in deploying a customized solution.
. Project risk - a large percentage of failed projects are due to poor planning
. Competition for internal resources
. Project backlogs and time lines
. Excessive maintenance/costs - if proper planning is not done
. Ineffective communication between end users and technical lead
JAD promise: The effective use of a JAD session will directly address these challenges and will allow the
client to:
. Make informed decisions on system implementation issues
. Avoid quick and dirty solutions
. Use MCCi as the internal resource required to lead the session
. Reduce project backlogs and time to implementation
. Actively address the communication between end users and technical lead
. Improve the probability of a successful project
Proper planning requires a leader, and dedicated time, feedback, and rapid execution by everyone
involved. This is option is strongly recommended by MCCi to insure project success.
b. Customized Items Details Screen. This screen has many names (Agenda Request Form, Executive
Summary, Memo and more). We have run into an endless variety oflayouts for the primary cover sheet
for an item. In addition we have seen layouts change based on the nature of the item. For example, a
resolution may have a layout different from an ordinance. MuniAgenda is designed to accommodate these
variables by making these screens easy to customize during deployment. This is a packaged service not to
exceed 15 hours of customization work per item details screen.
c. Customized Agenda Layout. Each client has a unique layout for their agendas. Your logos, your
boilerplate and your layout are all included in the agendas we create for you. It should be noted that MCCi
also provides a Customized Internal (Draft) Agenda. This is a packaged service not to exceed 15 hours of
customization work per agenda layout.
d. Customized Workflow. Items take different workflows. The workflow model in MuniAgenda allows for
the creation of form specific predefined workflows. Resolutions can take one workflow and ordinances
can take another. Finance may have a unique workflow compared to human resources. MCCi will work
with the client to configure predefined workflows mirroring, or streamlining current approval processes.
e. End User Training. You will require someone to train your end users. We suggest classes with a
maximum of 15 students. Each class lasts about 2 Y2 hours so two classes per day are easy to deliver. Each
classroom should have a projector attached to the trainer machine and all students should be working on
their own computers in order to maximize the classroom time. A white board in the room will be useful.
Trainers will require 7 Y2 hours per day for training and can deliver two classes per day. This includes their
preparation time for each class. You should estimate the total student count to be 25 students per day of
training. Although classes can accommodate 30 students, our experience indicates some students will miss
their scheduled training event for one reason or another so estimate your training days using 25 students
per trainer day. MCCi provides training manuals as part of your software purchase so you need to provide
only the trainer and classroom. The manuals are provided to you in Microsoft Word format. The resource
required for this service is a person who has a good understanding of computers and has at least one year
of experience training students on the use of software. MCCi normally provides this service, with
exceptions under special circumstances.
f. Administrator Training. You will require at least one or a small team of central administrators to
oversee your MuniAgenda solution. The Administrators will be managing user rights, creating global
groups, overseeing site structure and a number of key centralized tasks related to site appearance and
workflows. It is strongly recommended that you have MCCi train your central administrators and your
Agenda Clerk. A single day of training will save these administrators valuable time managing the solution.
-
The administrator class lasts 7 hours and should have no more than 8 students in attendance.
Administrators should have a solid understand of your Agenda policies and procedures. They should be at
or near the decision making level in the department overseeing this project. They do not have to have
extensive technical experience but they should be at the power user level. A key criterion for
administrators is a firm understanding of the primary goals for your Agenda project. The resource
required for this service is a MCCi trainer.
g. Professional Services Package (PSP). PSP hours are included with every implementation and the
majority are utilized during the Pre-installation consultation/solution development phase. For budgetary
purposes, it is best to include a package of hours for any additional changes (customizations) that are
needed after initial acceptance testing. If you decide not to renew this package on an annual basis any
additional customizations performed by MCCi would be billed out at MCCi Developer hourly rates.
Annual PSP hours can be utilized for the following professional services.
. Additional Training - additional training, via web conferencing, can be conducted to train new users
on the use of MuniAgenda or as refresher training for existing users. On-site training can also be
conducted, however PSP hours do not include travel costs for on-site visits.
. Additional System Set Up Consultation - MCCi offers additional consultation that would include
recommendations on best practices for adding additional departments, additional types of document
etc. to your current MuniAgenda System.
. Remote implementation of software updates - While the standard MSAP plan covers free updates
for MuniAgenda software, implementation of those updates is sometimes overlooked. With the
addition of a PSP plan, MCCi is at your service to directly assist in implementing software updates.
. Annual System Review & Analysis - MCCi will access your system to review and analyze how your
organization is using the MuniAgenda System, identify any potential problem areas and make
recommendations for better use of the system. This analysis is designed to be implemented 6 months
after the initial MuniAgenda Software installation, and would be performed annually after that date, if
annual PSP hours have been renewed. This is an optional service that will be completed only if
requested by the Client.
. Remote Access Support - Remote Access Support allows our help desk staff to access your machines
remotely to resolve problems faster. The use of Remote Access Support saves you both time and
money by reducing the delays in resolving software issues without costly on-site visits.
. Expiration & Additional Hours - MCCi's Professional Service Package is an annual package and
any unused hours will expire on the same date as your MuniAgenda System MSAP plan. The Client
may elect to renew or purchase additional hours as needed and can be provided with an additional
proposal for this upon request.
",.-
2.2. Optional Services
a. Project Management for Onsite Rollout. You will require an experienced project manager to help roll
this application out within your organization. MuniAgenda touches every major department in your
organization and the rollout and deployment plan can be challenging to execute. The resource required for
this service is an experienced project manager who can communicate with senior managers, department
heads, board clerk and staff in a firm but friendly manner. If your project manager does not have the time
to devote to the roll out of the system, MCCi offers our resources for this service as an option.
b. Additional Workflows. If our standard offering of work flows is not enough, additional workflows can be
purchased.
c. Developer Course. Should the client prefer to have internal staff make further changes to their
customized agenda layouts and workflows, MCCi does offer a 3 day Developer Course. This course is
periodically hosted on site at the MCCi Campus in Tallahassee, Florida. Although some basic
programming concepts will be taught during the course, as a prerequisite, the developer should have a
working knowledge of Visual Studio .Net 2003, XML and XSLT. Course materials and reference guides
will be provided by MCCi as well as a certification exam. Transportation, meals and lodging are the
client's responsibility.
d. Hosting. You may decide not to host your own Agenda solution. You can outsource hosting to MCCi or
another qualified hosting company. Any qualified hosting provider can offer this service in addition to
MCCi. If you are hosting with another vendor, you may bring the hosting in house at any time with a
relatively small effort. Contact your MCCi project manager for details. The costs offered here are subject
to change annually based on U.S. inflation rates and may be adjusted to accommodate unexpected
consumption of bandwidth and memory.
e. Optional Custom Minutes Page (MuniMeeting) - A custom web page can be created to display your
meeting minutes to the public. You define the layouts and format. This is an additional cost that would be
reflected in the pricing section.
3. MUNIAGENDA SUPPORT SERVICES
3.1. MuniAgenda Software Assurance Plan (MSAP) is offered by MCCi and is designed to provide your
organization continued access to technical support as well as solution updates as they are released. MSAP is
designed to be renewed each year on the anniversary date of the initial installation. Adjustments in annual
support rates may be made to coincide with current U.S. inflation rates. MCCi recommends the client
designate a support contact to channel requests through, but clients can designate several individuals who are
to be the technical support contacts if necessary. While this is an optional program, it is strongly
recommended due to its low cost and high value to our clients.
MSAP Basic. MuniAgenda Software Assurance Plan (MSAP) Basic provides support and all software
updates as released. Support is handled directly through MCCi and is provided via email or telephone during
normal business hours of8:00 AM to 5:00 PM EST. Emergency Support is available from 5:00 PM to 8:00
PM at a minimum rate of $110 per call. Calls lasting longer than one hour will be billed at the standard rate
of $llO/hour, and in one hour increments.
MSAP Premium. MuniAgenda Software Assurance Plan (MSAP) Premium includes all features described in
the above MSAP Basic. Due to the nature of the agenda process and the fact that official meetings are
typically held after hours, MSAP Premium extends support to after hours to be from 8AM - 8PM EST.
4. MUNIAGENDA UPGRADE PATH
4.1. MuniAgenda offers a 100% upgrade credit on the product price, when upgrading from MuniAgenda Standard
to Enterprise.
5. GENERAL TERMS AND CONDITIONS
5.1. Travel Expenses. If the client cancels or reschedules an installation after travel arrangements have been
made by MCCi, travel expenses may be incurred due to circumstances such as non-refundable airline tickets,
hotel reservations, rental cars, etc.
5.2. Agreement Extended to Other Governmental Units. MCCi agrees to allow any other Government agency
to purchase items, at the same terms, conditions and pricing as this contract during the period of time that this
contract is in effect. Minor changes in terms and conditions may be negotiated by MCCi and participating
Government agencies. Any orders issued against this agreement shall be the sole responsibility of the
Government agency placing the order. It is understood that the Client bound by the contract shall incur no
financial responsibility in connection with any purchase by another Government agency.
5.3. Additional Services. As an additional service/product under this contact MCC and MCCi can provide the
following:
a. Document Imaging and Records Management Software (Laserfiche & MuniDocs). MCCi offers
Laserfiche (LF) Software and related services which provides a records repository allowing storage,
retrieval and imaging of all documents. Capabilities include an intuitive browse window, index cards,
full-text indexing, keyword template search, fuzzy word search, and virtually unlimited folders, giving
users access to any document instantly.
b. Document Scanning Services (MuniScan). MCCi offers scanning, indexing and integration of hard copy
documents with MuniAgenda Software to provide the Client with the most powerful index retrieval search
engine available with the following features: intuitive browse window, index cards, and fuzzy logic.
c. Contract Management Software (Contract Assistant). MCCi offers the Contract Assistant Software
(developed by Blueridge Software) which is a web based solution designed to provide control and
automation of the contract management process.
d. Code Supplementation and Codification Services (MuniCode). Municipal Code Corporation offers
supplementation of existing Codes, Codification of Ordinances and Recodification of existing Codes. Our
optional services include legal review, republishing, editorial and index work and electronic options (CD,
Internet).
e. Utility Billing Services (MuniBills). MCCAdvantage offers billing, statement and remittance processing
services as an additional benefit under this agreement. MCCAdvantage, a subsidiary ofMCC, can provide
the client with design, printing and mailing services for customer billing/statements of all types. These
services also include remittance payment options, software and other billing solutions.
Pricing information for any of the above services can be supplied upon request.
5.4. Payment and Billing. MCCi will invoice fifty percent (50%) of the total contract amount upon receipt of
signed contract. Balance will be invoiced and billed upon completion of installation and training. Payment
will be due upon receipt of an invoice. Please note JAD sessions will be billed upon completion of session.
5.5. Termination. The services provided in this agreement will be in full force and effect for a period of three (3)
years from the date of shipment of the completed product to the Organization. Thereafter, this agreement will
be automatically renewed from year to year, provided that either party may alter or cancel the terms of this
agreement upon sixty (60) days' written notice.
)
H1UlF ,'; I ! OMMm J
THERE IS 1 ATTACHMEIIT
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The Travis County Sheriffs Department would like to purchase a new all terrain vehicle for
those high speed chases through the rugged terrain of our County,
1E:iJ\formallli3HTMlo.Preview
'~Jo C'l!lI
Adiofl Optiolls 'Recommendation
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Customized Agenda
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Agenda TYI)e
Regular Council Agenda
Create Date
6/28/2007 : 1.1: 25 PM
Travis County Nevl( Vehic:le PtU'cf-!::ls'e
:,'hf"!llk.., Mf''-'IiHfl; Regular Council Meeting
.~ 713f200712:00 AM
Meetings wtthin I Next \Neek
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Creator, Charles
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The Sheriff won the lottery and needs to spend some
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xlI. New Business
l\fiscellaneous
Desniption of Topic
The Travis COtUlty Sheriffs Department would like to :
terrain vehicle for those high speed chases through the
COtUlty.
The City ofPtlugerville Police Department
rugged terrain of our City.
Action
OIJtionslRecOlWnen(lation:
Inunediate
2. Pluchase a Records !Viana ement Syst
SOlU'ce of FlUuling (if
alJplic able) .
Sheriff Lottery FtUld
The City would like to purchase the Lasem
enterprise environment rolled out to all dep
schedule and Laserfiche will be implemente
TIle City of Georgetown Police Departmen
rugged terrain of our City.
Viewing Attachments Requires Adobe Acrobat. Click her e to download.
4. Brazos ComIty would like a 1ll'W car.
Attachments i click to download
Cl Photo 01 Vehicle
The Brazos COtUlty Sherriff s Department
rugged terrain of our City.
Customized Agenda
Layout including Cover
Memo creation with
links to attachments.
5. Travis COlUlty New Vl'lride PlU'(:hase
The Travis COtUlty Sheriffs Department would like to purc a
rugged terrain of our COtUlty.
B
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Source of Funds:
Account Number:
Report: X Resolution:
Ordinance:
Amount Budgeted:
Exhibits: Map(s) Identifying Property
Amount Requested:
Exhibits: Surplus Property Surveys
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDA nON
Workshop on Surplus City Properties
The following surplus properties are being considered for possible sale by bid pending a review by Council:
. Block 793 lots 4-16 (Colvin Trust Settlement); .9326 Acres; (Sector 23 development area); LI
Zone
. Block 829 lots 5-16 (Colvin Trust Settlement); .8608 Acres; (Sector 23 development area); LI
Zone
The above lots are located adjacent to land currently owned by the Colvin Trust. The lots are bounded by S.
_ 13th Street at the southeast intersections with West D Street and West F Street respectively. These lots were
acquired by the mediation with the Colvin Trust during the condemnation proceedings for the F216 drainage
improvement project. The lots are also within the Sector 23 planning area. Sector 23 is being coordinated
by Staff with current owners to unify as many of the properties into larger economically developable units as
possible with the intent of generating funds gained from Street and Alley closings and applying them to
extend utilities in the area. The City Staff has received inquires about this property. The property is zoned
as Light Industrial.
. Outlot 240; .6568 Acres, (New Fire Station 3 Residual); GC Zone.
This Outlot 240 residual is immediately South of the recently completed Fire Station 3 on the West side of
Sens Road and not needed for the completed station. The Fire Department has indicated no objection to the
sale. The Staff has also received inquires by interested parties. The property would be surveyed to include
the area necessary for the widening of Sens Road and is zoned for General Commercial development.
. Outlots 237, 334 and 347 (Tract 1; 2.9651 Acres and Tract 2; 1.2754 Acres); Large Lot Zone.
The irregular tracts listed above were residual tracts gained during the Marrero/Cone acquisition for the FIOI
drainage improvement project. The FIOI channel bisects the property with the only public access offN. P
Street. The tracts are South of Hickham Industries and West of property fronting Lemon Lane. The tracts
are being surveyed to offer ingress/egress easements from N. P Street, one to Tract 1 North of the FIOI
channel and one to Tract 2 immediately South of the channel. The tracts may be sold as independent
economic units or collectively as one unit. Interest in these tracts by adjacent parties has been expressed.
The property is zoned Large Lot District.
. Block 8, Brookglen Subdivision, 1.1413 Acres out of Reserve L, R-l Zone
This 1.143 acre residual was surveyed and subdivided from the City's water plant in the Brookglen
Subdivision out of the platted unrestricted Reserve L. This tract represents the eastern half of Block 8, which
is not needed to support the water plant. While not currently governed by the Covenants Conditions and
"-
Restrictions (CCRs) of the Subdivision, the property is zoned as single family residential and it is
recommended that the CCRs of the Brookglen Subdivision be passed on to the property when bid and
developed.
. Tract 401 F, 1.5784 Acres; Lomax School Road; Large Lot Zone
This 1.67 acre tract is bounded by Lomax School Road and the City's Rodeo Arena to the east; by City
owned property and the Northwest Park to the west, and by single family residences to the north and south.
This tract may be marketed for sale with the stipulation that the successful bidder grant a 30' access
easement that joins the City-owned property/Northwest park to the west of the tract with the Rodeo Arena to
the east. Given that potentially either adjacent owner to the north or south may be the successful bidder,
final placement of the easement is contingent upon the closing of the property. Bid documents may be
written with this stipulation. The property would be governed by Large Lot regulations.
Action Required bv Council: Council to provide staff direction on the release/sale of surplus city
property and to secure appraisals and metes and bounds as needed.
? /;? /01
Date I I
SURPLUS CITY PROPERTIES
PROPOSED FOR SALE
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SURPLUS CITY PROPERTIES
PROPOSED FOR SALE
N
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A O.9326-ACRE TRACT OF LAND
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OUT OF BLOCK 793 OF THE CITY OF LA PORTE, TEXAS
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SITUATED IN OUTLOT 240, LA PORTE OUTLOTS
CITY OF LA PORTE, HARRIS COUNTY, TEXAS
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BROOKGLEN SECTION. 2 V.167/P.109 M.R.H.C.
NOTE: DONE WITHOUT THE BENEFIT OF A TITLE COMMIMENT BY REQUEST
** = 1.1413 acres ofland, more or less out of Reserve "L".
NOTE: By graphic plotting only, the subject property does
appear to lie in the 100 year flood plain according to N.F.I.P. Map No. 485487 0940J 11-6-96 ZoneAE
~TE: Bearings based on Plat.
fE: This survey is certified for this transaction only, it is not transferrable to additional institutions or subsequent owners.
BUYER'S SIGNATURES
X
BUYER
X
City of La Porte
PROPERTY ADDRESS
Bandridge Road
DTl'\rU
SECTION
lOiTTRnTVTlOiTON
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A 1.S784-ACRE TRACT OF LAND
SITUATED IN OUTLOT 401, LA PORTE OUTLOTS
ENOCH BRINSON SURVEY, A-S
HARRIS COUNTY, TEXAS
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OUTLOT 401
1" = 50'
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NOTE: CITY OF LA PORTE RESERVES A 30' WIDE INGRESS/EGRESS EASEMENT (LOCATION TO BE DETERMINED)
-c
REQUEST FOR CITY COUNCIL AGENDA ITEM
#"",'^
Aoorooriation
Agenda Date Requested: Julv 23. 2007
Requested By, Wayne M
Department: PlanniDl!
Source of Funds:
NA
Account Number:
NA
Amount Budgeted: NA
Report: -K-Resolution: _Ordinance:
Exhibits: City-wide Sidewalk In-Fill Project.
Staff Recommendation for FY06/07
Meadowlark Lane Project
East E Street Project
SUMMARY
During the FY05-06 budget process, the Council expressed an interest in general pedestrian connectivity issues in
conjunction to the CIP project of sidewalk renovation/repair. Subsequent to a workshop on January 9, 2005, the
Council allocated $50,000 to initiate sidewalk construction. Priority considerations were given to:
· interconnecting of schools with neighborhoods (safe routes to schools),
· connecting parks and other public facilities,
· where future trails/paths are already planned to avoid duplication,
· topographical characteristics (e.g. can a sidewalk be constructed on public ROWand not
interfere with open ditches and avoiding expensive ditch crossings etc.) and
· where to avoid promoting pedestrian traffic along dangerous areas.
Attached as exhibit 1 are a map depicting identified projects by priority and a spreadsheet containing descriptions,
associated cost estimates, destination and those recommended for 2007 projects. Exhibit 2 highlights Staff
recommendation for the FY06/07 project with a budget breakdown using these cost estimates.
Staff has coordinated a joint venture with the HOA of the Meadow Crest Subdivision. The HOA has agreed to
provide $20,123 of the total construction cost of $40,257.00 for a proposed sidewalk along the west side of
Meadowlark Lane. Given that this sidewalk falls within the priority one category and we have a joint venture, Staff
recommends this project receive top priority. Map and cost analyses for this project are at Exhibit 3.
A second priority sidewalk project estimated at $11,314.28 is proposed from East E Street from Bridge to
Blackwell. Map and cost analysis for this project are at Exhibit 4.
The remainder of the proposed projects attempts to make efficient use of available budget based on need across the
spectrum of stated priorities.
Action Required bv Council:
Review the attached proposed projects and provide Staff with planning guidance for the construction of
sidewalks/shared use pathways for La Porte.
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CITY OF LA PORTE
604 West F airmont Parkway
La Porte, TX 77571
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2nd Priority
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4th Priority
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CITY WIDE SIDEWALK IN-FILL PROJECT
9/13/2006; prioritized 1/12107 II II
DESCRIPTION SIW QTY WCR EST. COST DESTINATION 2007 2008 2009 2010
LF EA
4th St. from West" A" to West "H" 3160 14 $ 67,910.00 In-Fill
West "0" from Broadway to S. 7th 2222 14 $ 50,557.00 School
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West "F" from Broadway to S. 7th 2222 14 $ 50,557.00 School/Library
S. Iowa from East Main to East "H" 1_ 3620 15 $ 77,095.00 In-FiliI Pfeiffer Park
East "H" from San Jac to Utah 1244 8 $ 28,414.00 School
II
N. 3rd from Main to Madison 1244 8 $ 28,414.00 School
N. 6th from Main to Polk ~ 2 $ 6,271.00 In-Fill
East "F" from San Jac to Utah 1244 8 $ 28,414.00 School
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East "C" from Arizona to Virginia 1018 6 $ 22,883.00 School
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NE Comer of S. 3rd @ West "A" 2 $ 2,275.00 In-Fill
S. 3rd from LCB Bridge to Fairmont Parkway 1260 1 $ 23,985.00 LCB Park and Rec Center
NE Cor. S. 2nd @ West "A" 62 2 $ 2,497.00 In-Fill
1200 4 $ 24,900.00 LCB Park
Fairmont Pkwy from S. 1st to 100' east of S. 4th 166 2 $ 4,421.00 In-Fill X
Fairmont Pkwy @ Strip Center blw S.4th & s. 5th 125 1 $ 2,987.50 In-Fill X
Fairmont Pkwy from Oregon east 136' 136 $ 2,516.00 In-Fill X
East "E" St - Boggy Bayou to Blackwell 265 1 $ 11,314.00 In-Fill X
West "H" from S. 1st to S. 7th 1936 10 $ 42,566.00 School
Bavside from S. Broadwav to Fondren 2000 11 $ 44,425.00 In-Fill
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162 $ 2,997.00 In-Fill
1597 $ 29,544.50 In-Fill
323 $ 5,975.50 In-Fill
2214 $ 40,959.00 In-Fill I
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Spencer Hwy from EMS to Carwash 100 $ 1,850.00 In-Fill
Driftwood from Spencer Hwy to SUbdivision 234 1 $ 5,004.00 In-Fill
Spencer Hwy from Animal Clinic to Fleetwood 327 1 $ 6,724.00 In-Fill
Spencer Hwy - Law Office to Driftwood 560 1 $ 11,035.00 In-Fill
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200 2 $ 5,050.00 In-Fill X
Sommerton @ Spencer Hwy 20 $ 370.00 In-Fill
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Monument Estates Subdivision
100 $ 1,850.00 In-Fill
60 $ 1,110.00 In-Fill
60 $ 1,110.00 In-Fill
60 $ 1,110.00 In-Fill
Meadowcrest Subdivision
Meadow Lark 1290 14 $ 40,257.00 School X
790 $ 14,615.00 In-Fill
790 $ 14,615.00 In-Fill
790 $ 14,615.00 In-Fill
790 $ 14,615.00 In-Fill
---- $
790 14,615.00 In-Fill
790 $ 14,615.00 In-Fill
790 $ 14,615.00 In-Fill
TOTALS 36277 142 I $ 779,652.50
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Sidewalk Cost Estimate @ $18.50/LF $ 666,222.00 I
Wheel Chair Ramp Cost Est. (WCR) @ $675/EA $ 95,175.00
TOTAL COST $ 761,397.00
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SIDEWALK IN-FILL PROJECT PROPOSED SITES 06/07
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City Budget 06/07 $ 50,000.00
Meadowcrest Subdivision Sidewalk $ (40,257.00)
Meadowcrest HOA Participation $ 20,123.00
East "E" St. - Boggy Bayou to Blackwell $ (11,314.00)
Spencer Hwy - Valley Brook to Big Island Slough $ (5.050.00)
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Southside of Fairmont Prkwy - 1st to 4th $ (4,421.00)
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Southside Fairmont Prkwy btw 4th & 5th $ (4,421.00)
Southside Fairmont Prkwy Oregon east 138LF $ (2.516.00)
Remaining Amount $ 2,144.00
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PROPOSED SIDEWALK
ALONG WEST SIDE OF
MEADOWLARK
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MEADOW CRESTSUBDIVISION - PROPOSED SIDEWALK ON MEADOW LARK
Description Est. Qty. Unit Est.Unit Cost Total Cost
Mobilization 1 LS. $ 1,500.00 $ 1,500.00
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4' wide 2500 psi concrete sidewalk 6,192 SF. $ 4.50 $ 27,864.00
Type "B" Wheel Chair Ramp 12 EA. $ 633.00 $ 7,596.00
Manhole adjustment 2 EA. $ 500.00 $ 1,000.00
Bid Advertisement 1 EA. $ 380.00 $ 380.00
sub-total $ 38,340.00
5% Construction Contingency $ 1,917.00
--
Est. Total Cost $ 40,257.00
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East "E" St. from Brid"e to Blackwell- PROPOSED SIDEWALK
Description Est. Qty. Unit Est. Unit Cost Total Cost
Mobilization 1 LS. $ 1,500.00 $ 1,500.00
5' wide 2500 psi concrete sidewalk 1,325 SF. $ 4.50 $ 5,962.50
Type "8" Wheel Chair Ramp 1 EA. $ 633.00 $ 633.00
24" HOPE culvert 20 LF $ 65.00 $ 1,300.00
sub-total $ 10,775.50
5% Construction Contingency $ 538.78
Est. Total Cost $ 11,314.28
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: 7/17/2007
Bud2et
Requested By: .John .JoernsfMike Stokes/Wayne Saho
Source of Funds:
N/A
Department: City Manager
Account Number:
N/A
Report: X
Resolution:
Ordinance:
Amount Budgeted:
N/A
Exhibits:
List of Concerns
Current Regulations/Cross References
Truck Route Map
SUMMARY & RECOMMENDATION
City staff has reviewed the issues arising from commercial truck drivers performing various
activities within the city that are in conflict with the code of ordinances. Some of the activities
which are creating issues involve regulated vehicles leaving their designated routes, as well
as vehicles stopping, standing, or parking off the truck route and at inappropriate places
along the truck route. Increased education and enforcement of the current truck/traffic
ordinances must be a part of the answer to this problem. In addition however, it is also
necessary to amend the code in order to strengthen the law and clarify exactly which
activities are illegal.
The amendments to the code are beneficial because the current ordinances designed to deal
with these issues are too vague and/or do not adequately address the activities which are
creating issues. In response to this situation, proposed changes to the current ordinances
have been made which clearly prohibit the actions which have been problematic. Once
appropriate changes have been made it will be easier for law enforcement to enforce as
appropriate. The key changes to the code would accomplish the following:
. Tighten the ties with the Zoning Ordinance by cross referencing violations.
. Clarify the parking regulations along truck routes and in relation to private property.
. Enhance and clarify commercial parking violations in residential areas.
Also, since there is such heavy truck traffic within the city that is only likely to increase, it is
appropriate to consider the legitimate needs of the trucking community which it is assumed,
may encourage drivers to perform some of the actions under review. Drivers are performing
these activities often in an effort to do things such as rest, eat and purchase food, and use
the restroom therefore it is also recommended that we look at future growth decisions so the
necessary business services for these drivers may be considered at appropriate locations.
The Assistant City Attorney has prepared a draft ordinance which is substantially complete
however, further review is needed with the City Manager and staff to insure that the end
results will ultimately be enforceable in the Municipal Court under the Code.
For cross reference(s) we have included a summary of changes and/or clarifications for the
Council to review.
Staff has been directed to prepare a brochure which will educate the trucking community
about the laws and will incorporate any changes recommended by City Council after this
workshop. In considering the immediate issue of changes to the Code, please keep in mind
that local truck traffic is likely to increase in the future, and these problems may become
greater if action is not taken.
Action ReQuired by Council:
Authorize staff to place an Ordinance updating the City Code on a future City Council agenda
for consideration.
Approved for City Council Aaenda
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2
The following are the specific concerns that have been provided to us:
1) Trucks leaving the designated truck or hazardous cargo route and
entering a parking lot of an adjoining business (other than when they are
making a delivery or getting repairs)
Covered by changes to section 70. 179
2) Trucks parking at motels adjacent to the truck route, that cannot enter the
premises without first leaving the truck route
Covered by changes to section 70. 179
3) Hazardous cargos parked at motels
Covered by changes to section 235
4) Hazardous cargo trucks parked off the truck and hazardous cargo routes
at motels, cafe's, stores, banks, schools, and other parking lots and city
rights of way.
Covered by changes to section 235
5) *Hazardous cargo trucks cutting through on Underwood Road between
Hwy. 225 and Fairmont Parkway. (*This activity is already a violation
based on the allowed hazardous cargo route. No changes to the
ordinance have been proposed to deal with this matter.)
6) Trucks stopping in a moving lane of traffic with their flashers on to go into
a restaurant or coffee shop.
Covered by changes to section 70. 179
7) Trucks stopping in the center lane (turning lanes) of a multiple lane road to
go into restaurants.
Covered by changes to section 70. 179
Current Zoning Regulations Crossed Referenced and Coordination Clause
and Current and Proposed Chapter 70 Changes
Sec. 106-840. Off-street loading requirements.
(b Location.
Proposed to be added to Section 70-234 and 235.
Sec. 106-834. General provisions.
Proposed to be added to Section 70-180.
106-746. Location of truck terminals restricted.
Truck terminals, as defined in section 70-211, shall only be located in areas
directly adjacent to the right-of-way of the truck routes specifically designated in
section 70-231.
(Code 1970, 925-84)
Noted here for clarification of location and coordination clause, see
definitions below.
Sec. 70-211. Definitions.
Semitrailer means every vehicle, with or without motive power, other than
a pole trailer or ranch trailer, designed for carrying persons or property and for
being drawn by a motor vehicle and so constructed that some part of its weight
and that of its load rests upon or is carried by another vehicle.
Trailer means every vehicle, with or without motive power, other than a
pole trailer or ranch trailer, designed for carrying persons or property and for
being drawn by a motor vehicle and so constructed that no part of its weight rests
upon the towing vehicle.
Truck means any motor vehicle designed, used or maintained primarily
for transportation of property.
Truck routes means those routes which are designated by this article for
the use of truck traffic.
1
Truck terminal means a commercial facility operated principally for the
loading, unloading, storage, handling, maintenance or repair of trucks, truck
tractors, trailers, semitrailers, pole trailers, ranch trailers, shipping containers or
commercial motor vehicles.
Truck tractor means every motor vehicle designed and used primarily for
drawing other vehicles and not so constructed as to carry a load other than a part
of the weight of the vehicle and load so drawn.
Truck traffic means the operation of any combination of a truck tractor,
trailer, semitrailer, pole trailer, shipping container or a commercial motor vehicle,
but not including light trucks, boats, house trailers, ranch trailers and utility
trailers.
(Code 1970,925-80; Ord. No. 1792,9 1(25-80), 10-28-91)
"Sec. 70-179. Parking time limit for trailers, semitrailers, and other types of
trailers.
It shall be unlawful for any person to knowingly leave, stand or park a trailer,
semitrailer, pole trailer, ranch trailer, boat, house trailer, utility trailer or truck
tractor, either attached or unattached to a motor vehicle, in a movina lane
of traffic for any period of time. It shall be unlawful for any person to
knowinalv leave. stand or park said vehicles at any location alona the
truck route for any period of time. except at locations authorized to
accommodate truck parkina. The vehicle must onlv enter and exit the
parkina location via the truck route. In addition. it shall be unlawful for
any said vehicle to be parked at a location off the truck route for any
period of time with the exception of the point of oriain and point of
destination as described under the provisions of Section 70-233.*
Trucks bearing a Department of Transportation (DOT) placard shall not be
parked on any street for a period of time in excess of one hour. A placard
vehicle shall not be parked within 2,000 feet of a school campus."
*No cross reference in the Zoning Code.
*Underlined section proposed to be added.
Sec. 70-180. Parking on private property without consent.
It shall be unlawful for any person or any owner to knowingly abandon or leave standing
on any private property, without the consent of the owner of such private
property, any vehicle for any period of time. In addition. off street parkina
facilities accessory to residential use shall be utilized solelv for the
parkina of licensed and operable passenaer automobiles. Under no
circumstances shall reQuired parkina facilities accessory to residential
structures be used for the storaae of commercial motor vehicles or
eQuipment. pole trailers. semitrailers. shippina containers. trailers.
trucks. or truck tractors. Boat or recreational vehicles. are not subiect
to the restrictions imposed bv this section." *
2
*Cross referenced in Section 106-834 (g) of the Zoning Code.
*Underlined section proposed to be added.
Sec. 70-234. Loading, unloading and repair of trucks.
Truck traffic restricted to the streets designated as truck routes may depart
from such truck routes where it is necessary to load, unload or seek repairs at a
legitimate repair facility, at a location situated off designated truck routes;
provided, however, that such truck traffic shall not leave any designated truck
route until such truck traffic has reached a point on some designated truck route
which is nearest the applicable place of loading, unloading or servicing by the
most direct route possible. All reauired loadina berths and facilities for truck
repair shall be off-street and located on the same lots as the buildina or use
to be served.* After leaving a designated truck route to load or unload, truck
traffic may continue off truck routes to as many points of destination as
necessary. If, in the course of making the necessary stops for loading and
unloading, the truck traffic shall cross a designated truck route, then, in that
event, such truck shall not again leave any designated truck routes until it has
reached a point on some designated truck route which is nearest to the next
place of loading and unloading by the most direct route possible.
(Code 1970, 925-85; Ord. No. 1792,91(25-85),10-28-91; Ord. No. 97-2172, 9
1, 4-14-97)
"Sec. 70-235. Hazardous cargo routes; designation.
(b) Vehicles transporting hazardous materials shall not leave and/or park off the
hazardous cargo route except to pick up or deliver. Said vehicles may not
park at any location alongside, or adjacent to the truck route for any period
of time except to pick up or deliver. All reauired loadina berths shall be
off-street and located on the same lots as the buildina or use to be
served.* The vehicle shall not leave the hazardous cargo route until such
vehicle has reached a point which is nearest the applicable place of loading
or unloading and shall return to the hazardous cargo route by the most direct
route. "
3
DEER PARK MORGAN'S POINT
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