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Home My WebLink About2009-10-26 Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council 5 A MINUTES OF REGULAR MEETING, PUBLIC HEARING AND WORKSHOP MEEETING OF THE LA PORTE CITY COUNCIL OCTOBER 26, 2009 1. Call to order The meeting was called to order by Mayor Beasley at 6:04 p.m. Members of City Council Present: Mayor Barry Beasley, Councilmembers Louis Rigby, Mike Clausen, Tommy Moser, John Black, Daryl Leonard, and Chuck Engelken Members of Council Absent: Mike Mosteit and Georgia Malone Members of City Executive Staff and City Employees Present: City Manager's Office: Ron Bottoms, Melisa Lanclos and John Joerns Legal: Clark Askins City Secretary's Office: None Public Works: Steve Gillett Planning: Tim Tietjens, Isaac Rodriguez, Masood Malik, Brian Sterling and Debbie Wilmore Police Department: Ken Adcox and Matt Daeumer Finance: Michael Dolby Parks and Recreation: Stephen Barr Main Street: Stacey Osborne Fire: Mike Boaze and Donald Ladd EMS: Ray Nolen Golf: Alex Osmond Others Present: Adam Yanelli of Bayshore Sun, Dan Chappell, Ken Fickes, Robert and Wanda Brazeal, Mike Strickland, Jim Yancey, Charlotte Wells, Chae Catlin, Mike Fowler, Fred Paulus, Kathryn Aguilar, Mary Ann Hayes, Pat Grimes, David Janda, Philip Hoot, Ted and Kim Powell, Ronald Mc Elvogue and other citizens. 2. Invocation was given by Dan Chappell of Fairmont Park Church. 3. Councilmember Chuck Engelken led the Pledge of Allegiance. 4. Presentations/Proclamations Mayor Beasley recognized Ronnie White of the Parks Department as "Employee of the Third Quarter", 5. Consent agenda - Any item may be removed by a Councilperson for discussion A. Council to consider approval or other action of minutes of Regular Meeting, Public Hearing and Workshop Meeting held on October 12, 2009 - M. Gillett Minutes of Regular Meeting, Public Hearing and Workshop of City Council on October 26, 2009 2 B. Council to consider approval or other action instructing the Finance Director to amend various operating budgets for outstanding purchase orders - M. Dolby C. Council to consider approval or other action awarding bid #10006 for plastic garbage bags- S. Gillett D. Council to consider approval or other action awarding bid #10004 for fleet vehicles - S. Gillett E. Council to consider approval or other action authorizing the City Manager to execute a contract with Cobb Findley and Associates to provide design, bidding and construction phase services for the construction of the McCabe Road Trunk Sewer and the McCabe Road Trail System for the new Bayshore Elementary School - S. Gillett F. Council to consider approval or other action regarding an ordinance changing number of Lieutenant and Sergeant classifications in Police Civil Service (Ord. 3194) - K. Adcox G. Council to consider approval or other action regarding the purchase of two replacement marquee signs, one for La Porte City Hall and one for the La Porte Recreation and Fitness Center/Norman L. Malone Senior Center - S. Barr H. Council to consider approval or other action regarding an ordinance authorizing a contract between the City of La Porte and the Association of Bayport Companies, Inc. for emergency medical services in the Bayport Industrial District - (Ord. 3189) - R. Nolen I. Council to consider approval or other action regarding an ordinance approving and authorizing a contract between the City of La Porte and the Port of Houston Authority for emergency medical services at the Barbours Cut Terminal - (Ord. 3190) - R. Nolen Staff recommended item D be pulled from the consent agenda for discussion of changes and asked that it be voted on separately. Motion was made by Council member Riqby to approve the consent aqenda as presented with the exception of item D. Second by Councilmember Enqelken. Motion carried. Ayes: Engelken, Clausen, Rigby, Moser, Leonard, Black, and Mayor Beasley Nays: None Abstain: None Absent: Mosteit and Malone City Manager Ron Bottoms and Chief of Police Ken Adcox provided City Council with the changes to item D. Council was requested to pull the two(2) Sports Utility Vehicles for the Minutes of Regular Meeting, Public Hearing and Workshop of City Council on October 26, 2009 3 Police Department's Transportation Division due to the Ford Explorers not being a large enough vehicle to meet the interior space and wheel base needs required in the division. Motion was made by Council member Moser to award bid # 10004 for fleet vehicles and to pull the two (2) Police Packaqe Sports Utility Vehicles as presented. Second by Council member Clausen. Motion carried. Ayes: Engelken, Clausen, Rigby, Moser, Leonard, Black, and Mayor Beasley Nays: None Abstain: None Absent: Mosteit and Malone 6. Petitions, Remonstrance's, Communications, Citizens and Tax Payers wishing to address Council on any item posted on the agenda (Limited to five minutes) Kathryn Aguilar - 3119 Fondren, La Porte, TX. - addressed City Council regarding item 13 the termination of the Sylvan Beach Pavilion lease. Ms. Aguilar was in favor of terminating the lease. Robert Brazeal - 1611 East liE", La Porte, TX. - spoke regarding his concerns against the proposed ordinance 3195 for the Morgan's Point Hike and Bike Trail System. Jim Yancey - 305 S. Blackwell, La Porte, TX. - spoke regarding his concerns against the proposed ordinance 3195 for the Morgan's Point Hike and Bike Trail System. Phillip Hoot - 927 Seabreeze, La Porte, TX. - spoke thanking City Council regarding item 12 construction of the bicycle-pedestrian pathways and expressed his concerns regarding item 13 the termination of the Sylvan Beach Pavilion lease. Charlotte Wells - 3342 Miramar Shoreacres, TX. - addressed City Council regarding silt fences at the Bayshore Elementary site. Chae Catlin - 10935 Birch Dr, La Porte, TX. - addressed City Council regarding the activity of teenagers at the neighborhood park in her subdivision. 7. Public Hearing - Council to discuss proposal for the use of a portion of the Donaldson Ave. right-of-way for inclusion in the Morgan's Point Hike and Bike Trail System (Ord. 3195) - T. Tietjens Mayor Beasley opened and resumed the Public Hearing at 6:46 p.m. Planning Director Tim Tietjens presented summary and recommendation and answered Councils' questions. Public Comments: Minutes of Regular Meeting, Public Hearing and Workshop of City Council on October 26, 2009 4 City Administrator of the City of Morgan's Point Ken Bays - addressed City Council emphasizing the planning and construction of the proposed Hike and Bike Trail System. Mayor of the City of Morgan's Point Pat Grimes - addressed City Council regarding the proposed Hike and Bike Trail System and the benefits which would include the City of La Porte citizens. Councilman of the City of Morgan's Point Mike Fowler - addressed City Council also regarding the proposed Hike and Bike Trail System and the usefulness of the trail by citizens. Recommendation of Staff - Staff recommended approval of ordinance 3195, Mayor Beasley closed the Public Hearing at 7:05 p.m. 8. Council to consider approval or other action regarding an ordinance authorizing the City Manager to execute an interlocal agreement with the City of Morgan's Point, Texas for inclusion of a portion of the Donaldson Ave. right-of-way in Morgan's Point Hike and Bike Trail System - (Ord. 3195) - T. Tietjens Assistant City Attorney Clark Askins read Ordinance 3195, AN ORDINANCE APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE CITY OF MORGAN'S POINT, FOR CONSTRUCTION OF A HIKE AND BIKE TRAIL ON DONALDSON AVENUE, WITHIN THE CITY OF LA PORTE, 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 Councilmember Black to approve Ordinance 3195 as presented by Mr. Tietiens. Second by Councilmember Moser. Motion carried. Ayes: Black, Leonard, Clausen, Engelken, Moser and Beasley Nays: Rigby Abstain: None Absent: Mosteit and Malone 9. Council to consider approval or other action regarding a resolution to participate in the 2009 American Recovery and Reinvestment Act's Energy Efficiency and Conservation Block Grant Program - (Res. 2009-11) - T. Tietjens Planning Director Tim Tietjens presented summary and recommendation and answered Councils' questions. Assistant City Attorney Clark Askins read Resolution 2009-11, A RESOLUTION DECLARING THE INTENT OF CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS TO PARTICIPATE IN THE 2009 AMERICAN RECOVERY AND REINVESTMENT ACT Minutes of Regular Meeting, Public Hearing and Workshop of City Council on October 26, 2009 5 (ARRA), FOR THE PURPOSE OF ENHANCING ENERGY EFFICIENCY OF LOCAL FACILITIES. Motion was made by Councilmember Enqelken to approve resolution 2009-11 as presented by Mr. Tietiens. Second by Councilmember Leonard. Motion carried. Ayes: Leonard, Engelken, Rigby, Moser, Clausen, Black, and Mayor Beasley Nays: None Abstain: None Absent: Mosteit and Malone 10. Council to consider approval or other action nominating candidates for the Bay Area Houston Economic Partnership Board of Directors (2010 - 2012) - Mayor Beasley Mayor Beasley presented summary and recommendation and answered Councils' questions. Motion was made by Councilmember Riqby to vote for all nominees as listed for the Bay Area Houston Economic Partnership Board of Directors for 2010-2012 as presented by Mayor Beasley. Second by Councilmember Leonard. Motion carried. Ayes: Leonard, Engelken, Rigby, Moser, Clausen, Black, and Mayor Beasley Nays: None Abstain: None Absent: Mosteit and Malone 11. Consider approval or other action changing dates of November and December City Council meetings due to holidays. - R. Bottoms/M. Gillett City Manager Ron Bottoms presented summary and recommendation and answered Councils' questions. Motion was made by Councilman Clausen to hold the reqular scheduled Council meetinq for the month of November, on the 9th and the month of December on the 14th and should the need arise to conduct business, a Special Called Meetinq would be scheduled. Second by Councilmember Moser. Motion carried. Ayes: Leonard, Engelken, Rigby, Moser, Clausen, Black, and Mayor Beasley Nays: None Abstain: None Absent: Mosteit and Malone 12. Council to consider acceptance or other action of the overall low bid from Lucas Construction, Inc. for construction of the bicycle-pedestrian pathway along the south side of Fairmont Parkway, and sidewalks and extensions on Bay Area Boulevard and Canada Road, for the City of La Porte - S. Barr Minutes of Regular Meeting, Public Hearing and Workshop of City Council on October 26, 2009 6 Director of Parks and Recreation Stephen Barr presented summary and recommendation and answered Councils' questions. Motion was made by Councilmember Enqelken to accept the overall low bid from Lucas Construction. Inc. for construction of the bicycle-pedestrian pathway alonq the south side of Fairmont Parkway. and sidewalks and extensions on Bay Area Boulevard and Canada Road for the City of La Porte in the amount of $1.381,148 includinq continqency accordinq to the plans and specifications as presented by Mr. Barr. Second by Councilmember Black. Motion carried. Ayes: Leonard, Engelken, Clausen, Black, and Mayor Beasley Nays: Rigby and Moser Abstain: None Absent: Mosteit and Malone 13. Consider approval or other action authorizing the City Manager to send Harris County formal notice of termination for the Sylvan Beach Pavilion lease dated July 1, 1986 - R. Bottoms City Manager Ron Bottoms presented summary and recommendation and answered Councils' questions. Motion was made by Councilmember Black to authorize the City Manaqer to send Harris County formal notice of termination for the Sylvan Beach Pavilion lease dated July 1, 1986. Second by Councilmember Clausen. Motion carried. Ayes: Leonard, Engelken, Rigby, Moser, Clausen, Black, and Mayor Beasley Nays: None Abstain: None Absent: Mosteit and Malone 14. Receive Monthly Committee and Staff Reports: Chief Building Official Debbie Wilmore presented the monthly Inspection Report. Chairman Chuck Engelken provided a report from the Fiscal Affairs Committee. 15. Close Regular Meeting and open Workshop Meeting. Mayor Beasley closed Regular Meeting and opened Workshop Meeting at 7:24 p.m. B. Presentation by Harris County of proposed bus service route (s) to include La Porte - R. Bottoms (This item was taken out of order) Ken Fickes with Harris County discussed a proposed bus service and planned routes that include the City of La Porte and the affect on the community. Minutes of Regular Meeting, Public Hearing and Workshop of City Council on October 26, 2009 7 City Council gave direction to move forward with the proposed bus service. A. Update City Council on status of Capital Improvements Projects - Staff City Staff updated City Council on various Capital Improvement Projects. C. Overview and demonstration of OSSI software - K. Adcox Chief of Police Ken Adcox and Sergeant Matt Daeumer of the Police Department provided City Council with a brief overview and demonstration of several new features that are now available on the Police Department's Web-page. 16. Close Workshop Meeting and reconvene Regular Meeting Mayor Beasley closed Workshop Meeting and reconvened Regular Meeting at 8:08 p.m. 17. City Manager Ron Bottoms provided Administrative Reports for the following: November 9, 2009 - City Council Meeting - 6:00 p.m. November 16, 2009 - La Porte Development Corporation Board Meeting - 6:00 p.m. November 19, 2009 - Harris County Mayor and Council Association Dinner - Monument Inn- 6:30 p.m. Thanksgiving Holidays - Thursday, November 26 and Friday, November 27, 2009 18. Council Comments: Engelken, Clausen, Rigby, Moser, Black, Leonard, and Beasley. A. Matters appearing on agenda B. Recognition of community members, city employees, and upcoming events C. Inquiry of staff regarding specific factual information or existing policy Mayor Beasley thanked Melisa Lanclos for sitting in during the Council Meeting and read a resignation letter from Councilmember Georgia Malone from her position on City Council effective immediately. 19. Executive Session - pursuant to provision of the Open Meeting Law, Chapter 551, Texas Government Code, Sections 551.071 through 551.076, 551.087 (consultation with attorney, deliberation regarding real property, deliberation regarding prospective gift or donation personnel matters, deliberation regarding security devices, or excluding a witness during examination of another witness in an investigation, deliberation regarding economic development negotiations) Minutes of Regular Meeting, Public Hearing and Workshop of City Council on October 26, 2009 8 A. 551. 071 (Pending or Contemplating Litigation) Deborah Taylor vs. City of La Porte B. 551. 074 (Personnel Matter) Evaluation of City Manager Council retired into Executive Session at 8:12 p.m. Council reconvened to Regular Meeting, Public Hearing and Workshop Meeting at 9:13 p.m. 20. Consider approval or other action regarding an ordinance approving a contract between the City of La Porte and City Manager, Ron Bottoms - (Ord. 3196) - Mayor Beasley Considerations and possible action on items considered in Executive Session. Motion was made by Councilmember Black to approve a three (3) year contract and a 3% salary increase effective October 1, 2009 for City Manaqer Ron Bottoms. Second by Councilmember Clausen. Assistant City Attorney Clark Askins read Ordinance 3196, AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF LA PORTE AND RON BOTTOMS, FOR THE POSITION OF CITY MANAGER OF THE CITY OF LA PORTE, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. Ayes: Leonard, Engelken, Rigby, Moser, Clausen, Black, and Mayor Beasley Nays: None Abstain: None Absent: Mosteit and Malone 21. Adjournment Being no further business, the meeting was duly adjoumed at 9:16 p.m. Respectfully submitted, 'f>7atP~~ /4 Melisa Lanclos City Manager's Office B REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: November 9. 2009 Budl!et Requested By: Jeff ~lIgg~ Source of Funds: General Fund Department: OEM Account Number: 00161465159050 Report: Resolution: Ordinance: Amount Budgeted: ~o Amount Requested: $54,150 Exhibits: Grant Award Exhibits: Budgeted Item: YES NO X Exhibits SUMMARY & RECOMMENDATION The Hazardous Mitigation Grant Program opens up after a FEMA declared disaster. Depending on the severity of damages and economic impact, the grant program can be generous to applicants. Hurricane lKE opened up this grant program for mitigation projects. One of the eligible projects is generators. This year we applied for 5 generators to assist us in the response and recovery effort after a major disaster. FEMA and the State awarded us three generators. We will be able to purchase a backup generator for the PDIEOC. A backup generator for firelEMS stations will also be purchased. A generator for our lift stations that can transfer pump will also be purchased. All of these generators will be mobile and able to be located where we need them most. With these generators, and the others that will be acquired with Ike recovery money, we feel our needs can be met to expedite services to the citizens in a faster time frame. This grant is a 75/25 reimbursement matching grant. The award is for $217,000 and our portion will be $54,250 and be drawn down from the general fund balance. There is a strong possibility we will be able to use CDBG funding to satisfy our portion and therefore it would not impact the budget. Action Reauired bv Council: cce t grant award from the Texas Department of Emergency Management it Iv /0'1 Date ~ TExAs DIVISION OF EMERGENCY MANAGEMENT TExAs DEPARTMENT OF PuBuc SAFETY \V'V'V.TXDPS.STATE.TX.US/DE~I AsSISTANT DIRECTOR / CmEF JACK COllEY October 6, 2009 ~~'~~ 'G ~'~: Ii :,..;", :; The Honorable Alton Porter Mayor, City of La Porte 604 W. Fairmont Pkwy. La Porte, TX 77571 OCT 1 5 2009 crrv SECHETAf~Y'S OFFICE RE:' Approvalfor the City of La Porte emergency generator project DR-1791-034 Dear Mayor po~ Congratulations! Your project request for funding under the Hazard Mitigation Grant Program has been selected by the State of Texas and approved by the Federal Emergency Management Agency (FEMA). The grant is for major disaster declaration FEMA-1791-DR. The project number is DR-1791-034. This number should be used as a reference on: all documents and correspondence. Under the terms of your application and the below listed conditions, the City of La Potte is authorized to proceed with the purchase and installation of the emergency generator identified in your application. The total cost of your project is projected to be $217,000 and you will be reimbursed for 75% of eligible proiect costs. Contracts for project management must be submitted to your state project officer for review of standard, reasonable costs before award. Your cost share match will be at least 25% ofthe total project cost. The federal share award for this grant is capped at $162,750. The action identified in this project application has been Categorically Excluded (CATEX) from the need to prepal"e an Environmental Impact Statement in accordance with 44 CFR 10.8 (d) (2) (ix). You must comply with all project conditions under section V of the Record of Environmental Consideration. (See Enclosure 1) Consult your floodplain manager before you begin site installation. Generator installations must be elevated to meet floodplain compliance. If an installation site is within a floodplain (any zone other than non-shaded X), the sub-grantee must prepare a Public Notice in accordance with Executive Order 11988 and 44 CFR 9.12 (e), which must run for seven days. By regulation, the sub-grantee is prohibited from drawing funds for a period of fifteen (15) days following the date Mail: PO Box 4087 Austin, Texas 78773 Courier: 5805N. Llll1l1l'Bh.d. Austin, Texas 78752 Telephones: Main: 512-,t2,1.2138 * 24 hour: 512-,IU-2208 * Fax: 512-424-2444 of the Public Notice. You must provide an actual newspaper copy of the Public Notice to the following: TX Dept. of Public Safety Emergency Management Division Attn: Mitigation Section P.O. Box 4087 Austin, Texas 78773-0226 The application period for FEMA-1791-DR-TX ends on March 13, 2010. The application period is important because scope of work changes cannot be made after the application period expires. No new activities or activities that have not been pre-identified, submitted, and FEMA approved can be considered after the application period expires. This project must be completed within twenty-four months. This means your project must be completed by September 29, 2011 or sooner. If, due to extenuating circumstances, the project cannot be completed within this period, the sub-grantee must request an extension to the period of performance. This request must be in writing and received by the State 90 days prior to the project completion date of September 29,2011. You are required to submit a Quarterly Progress Report to this office no later October 15th, January 15th, April 15th, and July 15th of each year until the project is completed. A report with 2 consecutive quarters indicating no progress may result in your project funding being forfeited. A copy of the report format is enclosed for your use and may be reproduced as required. (See Enclosure 2.) Requests for the reimbursement of expenses may be submitted quarterly during the grant performance period. Payments will be made within 21-30 days after receipt of complete and accurate documentation. The reimbursements must be disbursed by the sub-grantee within 10 working days of receiving the funds. Failure to do so, per FEMA grants management regulations and the State Hazard Mitigation Team, will be considered poor grants management and could affect future grant applications. (See Enclosure 1) , Any contract for service associated with this project, must be issued in accordance with local, State, and Federal laws. Contract material and labor costs must be specific and considered reasonable, "cost plus" type contracts will not be acceptable. For any contract awarded, a copy of the contract will be forwarded to the State with the first quarterly repOlt following award, along with a report from the Excluded Palties List System (www.epls.gov) showing that the chosen contractor is not currently excluded. As notification that the project has concluded and is ready for the fmal audit, the sub-grantee will submit the Celtificate of Completion along with a final quarterly repOlt containing a recap of all project expenditures. A copy of the form is attached. (See Enclosure.4) A chief elected official or his/her designated representative must sign this document. Final project payments will be made based upon the certificate of completion, and the final inspection and audit by our staff. If you will receive over $500,000.00 total funding from any Federal programs, during this Federal fiscal year, you will be required to provide DEM with a copy of your current annual audit, performed per OMB Circular No. A-133. Please contact our Disaster Program Auditor, at (512) 424-2426 for fUliher information on audit requirements. All HMGP grants are subject to Federal audit; therefore, all records must be maintained for three years from the date of project close out or, upon receipt of the final payment, whichever is later. If you have any questions or concerns please contact your state project officer, Carolyn Looney, at 512-424-5683 or via email atcarolyn.looney@txdps.state.tx.us. CC: Jeff Suggs, EMC Kristin Gauthier, Planner Jenniffier Hawes, TxDEM Regional Liaison Officer c. REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: November 9. 2009 Budeet Requested By: Jeff Suggs Source of Funds: Technology Fund Department: IT Account Number: 02399055802093 Report: Resolution: Ordinance: Amount Budgeted: $75,000.00 Exhibits: Dell Proposal Amount Requested: $41,25078 for 3 yn Exhibits: Budgeted Item: YES X NO Exhibits SUMMARY & RECOMMENDATION Each year we replace workstations (desktops/laptops) utilizing the State DIR contracts. Last year we elected to start leasing our computers from Dell for 3 year terms using the DIR. This year will be no different. This will be the "second" phase of computer leasing and replacement for the City. This lease program has proven to work well for us over the last year with maintenance issues and help from Dell when trouble does arise. With the Police Department switching to the aSSI system, the need for a safe and durable vehicle laptop was needed. This year we will be replacing a majority of those laptops as they were up for replacement anyway. This has driven the cost of this year's lease term up due to the cost of these more durable laptops. Action Reauired bv Council: enda II It( k Date DeLL I Financial Services DELL FINANCIAL SERVICES LEASE PROPOSAL CITY OF LA PORTE November 4, 2009 Thank you for the opportunity to provide leasing information to you on the proposed acquisition of Dell products. Dell Financial Services (DFS) is a leasing institution fully integrated into Dell Computers' systems and operations allowing you to benefit from one stop shopping for all your hardware, software, peripherals, service, support, and financing needs. If you have any questions or comments, please don't hesitate to call me at 800-955-3355 ext. 7245095. Thank you for your interest in Dell Financial Services. Sincerely, Missy Totten Dell Financial Services 513000611 Latitude E6400ATG $ 2,012.50 26 $ 52,325.00 Annual 36 0.30038 $ 15,717.38 513157114 Latitude E6500 $ 1,285.75 8 $ 10,286.00 Annual 36 0.30038 $ 3,089.71 513157260 Optiplex 960 $ 1,188.17 6 $ 7,129.02 Annual 36 0.30038 $ 2,141.42 512660299 Port Replicator $ 113.09 4 $ 452.36 Annual 36 0.30038 $ 135.88 513157364 Optiplex 780 $ 829.01 68 $ 56,372.68 Annual 36 0.30038 $ 16,933.23 513158662 Optiplex 960 $ 1,283.29 $ 1,283.29 Annual 36 0.30038 $ 385.47 $ 127,848.35 Property Management Fee: 0.022274 $ 2,847.69 LESSEE: LESSOR: CITY OF LA PORTE Dell Financial Services LP, and/or its successors and assigns. END OF LEASE OPTIONS: Fair Market Value Options available to lessee upon completion of the base lease term are as follows: 1) Exercise the option to purchase the products for its then fair market value. 2) Return all products to lessor at lessee's expense. Or 3) Renew the Lease on a fair market renewal basis. LEASE QUOTE: The Lease Quote is exclusive of shipping costs, maintenance fees, filing fees, licensing fees, property or use taxes, insurance premiums and similar items which shall be for Lessee's account. Lessee will pay Payments and all other amounts without set-off, abatement or reduction for any reason whatsoever. Additionally, Lessee shall declare and pay all sales, use and personal property taxes to the appropriate taxing authorities. If vou are sales tax exemDt, please fax a copy of your Exemption Certificate with the Lease Contract. PURCHASE ORDER: The Purchase Order will be made out to Dell Financial Services, One Dell Way, RR3 Box 8405, Round Rock, TX 78682. The Purchase Order will include the quote number, quantity and description of the equipment. Please be sure to indicate that the PO is for a lease order and shows the type of lease, the term length, and payment frequency. The date of the lease quote referenced should be included. Please be sure to include any applicable shipping costs as a line item. Please include your address as the SHIP TO destination. INSURANCE: The risk of loss on the Equipment Is borne solely by the Lessee. Lessee shall be required to purchase and maintain during the Term (i) comprehensive public liability insurance naming Lessor as additional insured; (ii) "all-risk" physical damage insurance in a minimum amount of the Purchase Price, naming Lessor as first loss payee; and, (iii) workmen's compensation Insurance. APPROPRIATION COVENANT: The Lease shall contain an appropriation of funds clause. The Lessee will covenant that it shall do all things legally within its power to obtain and maintain funds from which the payments may be paid and Lessee will not give priority or parity in the application of funds to any functionally similar equipment. DOCUMENTATION: Duly executed Agreement and other appropriate documents, including, opinions of counsel, UCC financing statements, audited financials and such other documentation as is reasonably requested by Lessor. PROPOSAL VALIDITY/APPROVALS: This is a proposal based upon market conditions and is valid for 30 days, is subject to final credit approval, review of the economics of the transaction, and execution of mutually acceptable documentation. D REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: November 9, 2009 Appropriation Requested By: Michael G. Dolbv, Director of Finance Source of Funds: N/A Department: FINANCE Account Number: N/A Report: Resolution: XX Ordinance: Amount Budgeted: Exhibits: Resolution - Amount Requested: N/A Exhibits: Budgeted Item: Exhibits: SUMMARY & RECOMMENDATION During budget workshops, staff discussed with council the opportunity to pursue debt issuances for drainage, community/ convention center, public works improvements and parks improvements. We anticipate issuing debt in the spring of2010. However, because we are moving forward with planning , engineering and other design projects, 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 projects. /1 /1 ;:'1 Date 200Q-13 RESOLUTION NO. 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 drainage , community/convention center, public works improvements, and parks improvements (the "Projects"). WHEREAS, Article 7I7k-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 1. 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 $9,610,000 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 this the 9th day of November 2009. CIT~O.F A.... PORTE, TEXAS ;r~ r-:z::.' .~. ATTEST APPROVED: "~T~ Cit Atto ey L;aL~A)Afl! E REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: November 9,2009 Appropriation Requested By: Stephen L. Barr Source of Funds: C&pital Improvement Department: Parks & Recreation Acc't Number: 015-9892-961-1100 Report: --LResolution: _Ordinance: _ Amount Budgeted: $66,238 $74,167 Exhibits: Bid Tabulation Sealed Bid #10002 Amount Requested: Exhibits: Bidder's List Bud!!eted Item: YES X NO X Exhibits: Letter of Recommendation SUMMARY & RECOMMENDATION The Brookglen Pool Roof was scheduled for replacement in the FY 2008-09 Budget. The roof wa<> heavily damaged by Hurricane lke and the City also received insurance funds for replacement of this roof. Sealed Bid #09011 for replacement of the Brookglen Pool House roof was sent to seven vendors. Bids were opened on October 29, 2009 with four vendors responding. Hull & Hull, Inc. submitted a bid meeting specifications for the replacement roof of $90,635, with a $20,000 deduct for the alternate bid for a standing seam roof, for a final low bid of $70,635 for the replacement roof (see attached Bid Tabulation & Engineer's Letter of Recommendation). With the addition of a five percent contingency of $3,532, the total funding required is $74,167. There is a budget shortfall of $7,929 with the addition of the 5% contingency, which can be taken from the Capital Improvement Fund contingency. The unused insurance funds that were received were returned to the General Fund after completion of the other projects. This project, and the Sylvan Beach Fishing Pier, are the last lke-related facility repair projects that we will be pursuing. Staff recommends acceptance of the low bid from Hull & Hull, Inc. totaling $70,635 plus contingency of $3,532 for a total award of up to $74,167, for replacement roof for Brookglen Pool free standing roof according to the plans and specifications provided. Action Required bv Council: Consider award of bid to Hull & Hull, Inc. totaling $70,635 plus contingency of $3,532 for a total war of up to $74,167, for replacement roof for Brookglen Pool free standing roof according to the plans and specifi ations provided. enda Ron Bottoms, City Manager /I 11/0., Date Q: ~ o U Ll. o o Q: (!) <: Q <: ~ (/) UJ ~ UJ (/) :;) o :t: -J o o a.. a5 -J (!) ~ o o Q: !Xl ..J!z ..J<w i:i~::E wl-ll.. ZUO w::J..J t:lO::~ lii~ o ~~ ..Jll..::J ~~~ UZUl Oz Uo U ..J- ..J ::J J: . oll~ ..J- ..J ::J J: C'-l <:) <:) <:) """ =It: <: o i:: q: ..,J :;) !Xl ~ Q iii t.i ~ ci o U >- Cl ::E o ::J >- I- a Z o 1= ll.. ii2 U Ul w Cl o o c:i o ~ o o ..t o v v' I'- 1.0 ~ "" o o ..t 1.0 v. '" N "" o o Lri CD 1'-. ~ 1.0 o q o o o 1.0' "" o q o o '" N CD o o ..t co N. ~ "" o q ~ o N ,...: I'- (fJ ....J (fJ ....J .l!l E Q; 0. -0 C '" Q) U C '" 5 en ,S en -0 C o Ll C o ~ ~ :0 o 2: Q) ~"C~ ~~~ Q,) t./) .- ~ 0)"0 t) C C ",j: ~ ~~a> cO Q. 8 ~ E .8::8 ~ Q) . o 0. en ~~g :;.3~ ~2~ coUi~ ';::: '+- a. 28CJ) "'~- E g>,~ ~:g~ ~~~ LL N ,...; o o c:i o ~ '" o q o co v. '" o q o o ~ ~ o o c:i 1.0 ~ N (fJ ....J c E '" o U Q) :S -0 _-oc U c '" 2 ro Q) UicnQ3 c Cl- aCo. U oj: E o '" 0 _ ~ U 00 ui LlQ)C ~:5~ -o~'" ~ ~~ _enu '" Q) Q) ~~~ ",-- E-o'" Q) ,~ .c-c enC.c .- ::::::J c..> C 0 Q) SEI- LL M Q) U '" Q. ,S o o ..t o '" ",- en o o cri en CD. co I'- o o c:i o ~ ai CD o o Lri '" CD 0" en I- Z ::J o == < c iii w ~ llJ ....J ~ o I- o o c:i N en. '" ~ o o c:i o o N en o ,...: o o c:i o o 0" ~ (fJ ....J Ul E ~ "C iii CIl 1ii c ~ <i: tii ..... U o '2 ac.c ~ .- u Q)~Q) .cQ)1- - C ti~-g~ '" '" '" ~ocnc.. c e ~ c 8 E ';e ~ o co co c ::~o~ ~ ~~ a:; ~:o::o. -ocQ)E C",o.a ~cn~t.) .~ Co ~ ~ a.>--COQ 1iixa..:.= E' 0:: ~ ~~o~ "E .~ a1 ~ ::J::J:.=Cf) LL ,...; o o ~ N N r-:- o ... .... o o en en <D .0 ..... .... en en Q) U o 0. C ,2 m '" tii > Q) Q) :S Cl C .~ -0 -0 Q) Cii -0 'in C o U Q) Ll >- '" E en o ti ~ Q; .c o -0 C '" >- c o Cl C U .~ en ti Q) ~ C ,2 ro E .8 E o o N en ... eD ..... .... o o ui C') <D ci ..... .... W I- <( Z 0:: W I- ....J <( (fJ ::J ....J a.. t--=" z ::J o 2: <( o (jj w (fJ <( a:l ....J ~ o I- SEALED BID #10002 BROOKGLEN POOL ROOF REPLACEMENT MB Western Industrial Contracting Co. PO Box 5399 Pasadena, TX 77508 PH: 281-487-5757 Fax: 281-487-5726 Attn: Steve Bosley Email: steveb~mbwestern.com Follis Construction, Inc. 111 N. Broadway La Porte, TX 77571-3571 Ph: (281) 471-6881 Fax: (281) 471-6038 Attn: Mark Follis Email: mfollis~follisconstruction.com T and T Construction 204 Preston Road Pasadena, TX 77503 Ph: (713) 477-6660 Fax: (713) 477-1465 Attn: Ryan Taylor Email: rvan.taylor~tandtconstruction.com Force Corporation 1300 Adams La Porte, TX 77571 Ph: (281) 470-0550 Fax: (281) 471-9627 Attn: Jack Cline Email: iack.c1ine~forcecorp.net TDC Constructors, Inc. P.O. Box 6139 Kingwood, TX 77325 Ph: 713.550.6119 Fax: 713.568.2527 Attn : Wayne Doyle wayne~tdcconstructors. com Hull & Hull, Inc. 2223 Kelley Houston, Texas 77026 Ph: (713) 699-2577 Fax: Attn: Bill Hull Email: wchull~comcast.net Patak Construction, Inc. 1927 Highway 146 Kemah, TX 77565-2002 Ph: (281) 334-9833 Fax: (281) 334-9814 Attn: Tim Patak Email: patakconstruction~comcast.net Bayshore Sun Publish Dates: Oct 14, 2009 Oct 21,2009 October 30, 2009 City of La Porte 604 W. Fairmont Parkway La Porte, Texas 77571 Attn: Stephen L. Barr Director of Parks and Recreation 1 08 South 2m! Street La Porte, Texas 77571 Ph: (281 )471-7590 (866) 368-4364 Fax: (281) 470-9486 jJ ){ANNING , ENGINEERIl\lG CORPORATION \\. \ . ~....,. n..1J Environmental Engineering & Consulting Re: City of La Porte Brookglen Pool House Free Standing Roof Cover CLP Project No. 2009-10002 Dear Mr. Barr: This letter is intended to provide our recommendation for awarding the bid for the Brookglen Pool House Free Standing Roof Cover. After reviewing the four bid proposals received today, I recommend the City award the bid to Hull & Hull, Inc., with the Alternate Bid Item of a standing seam roof for a Total Bid in the amount of $70,635.00 to be completed in 65 days. I am recommending going with the Alternate Bid Item of a standing seam roof because it will provide a better roof system overall and will be more aesthetically pleasing as well. If you have any questions or need any additional information, do not hesitate to contact me at the numbers listed above. Manning Engineering Corporation Yours Truly, 1Y4.7~;JF William T. Manning, Jr., P.E., C.W.U.O. President 108 S. 2ad Street, La Porte, Tx. 77571 TBPE Firm Registration No. 2630 PROJECT MANUAL FOR BROOKGLENPOOLHOUSE FREE STANDING ROOF COVER CLP Project No. 2009-10002 MAYOR Barry Beasley COUNCIL Michael Mosteit Chuck Engelken Daryl Leonard Tommy Moser Louis Rigby Mike Clausen Georgia A. Malone John Black CITY MANAGER Ron Bottoms PREPARED FOR City of La Porte, Texas -~ #i~E. OF t~ PREPARED BY' ff~~ Manning Engineering Corporation ~!:'~l!-}.~.!:.~~~~~~~:~~:jo! La Porte, Texas .~ ~\ 80640 /-Ui.# "II ."f.!9ENS'f:?.'{~.# Firm Registration No. F-2630 I Yi .._.....~(?);.co ~ ~I!E: II) - S - ;lOOf{{' September 2009 SEALED BID # 10002 Brookalen Pool House Free Standina Roof Cover CITY OF LA PORTE - NOTICE TO BIDDERS All sealed bids shall be submitted including one marked original and one duplicate on the original forms and clearly marked with bid number and description. Bids will be received at the Purchasing Office, 2963 N. 23rd Street, La Porte, TX, 77571 until 2:00 p.m. Thursday, October 29, 2009. The bids will be opened and publicly read in the Public Works upstairs training room 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 Forms furnished by the City of La Porte may be obtained without deposit from: City of La Porte Purchasing Office 2963 N. 23rd Street La Porte, TX 77571 (281) 470-5126 purchasina@laportetx.Qov Hard copy sets of the drawings and project manual can be obtained from Manning Engineering Corporation at 108 S 2nd St in La Porte, Tx 77571 for a non-refundable fee of $50.00. Phone (281) 471-7590. 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. Bidders are requested to attend a pre-bid conference to be held in the Public Works Building, 2963 N. 23rd Street, La Porte, Texas, at 2:00pm on Tuesday, October 20,2009. Cashier's Check, Certified Check, or acceptable Bid Bond, payable to City of La Porte in an amount not less than 5% of the maximum Bid price submitted, must accompany each Bid as a guarantee that, if awarded the Contract, the Bidder will within 15 calendar days of award of Contract enter into a Contract and execute Bonds on the forms provided in the Contract Documents. The City reserves the right to reject any and/or all bids, to waive any and all technicalities and to 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 city reserves the right to consider the most advantageous bid thereof or to reject the bid. Published: 10/14/2009 1 0/21/2009 CITY OF LA PORTE PURCHASING OFFICE 2963 N. 23RD STREET LA PORTE, TX 77571 To drop off bids and/or attend bid opening, follow these directions: > At SH146 in La Porte, exit W. Main/Spencer Hwy. and turn west > From Spencer Hwy., turn north on N. 23rd Street. > The Public Works facility is on the right, past the La Porte Police Station and the Mini-Storage Facility. > Turn right into Public Works parking lot and drive through the entrance gate, turn left immediately and park in the last aisle on the right. > The Purchasing Office is located on the southwest side of the parking area. Look for the signage. 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 bid. All items bid 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. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. The bidder agrees that this bid shall be good and may not be withdrawn for a period of sixty (60) calendar days after the scheduled closing time for receiving bids. The undersigned affirms they are duly authorized to represent this firm, that this bid 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: HULL & HULL, INC. Business 2223 KELLEY STREET Address HOUSTON, TEXAS 77026 City, State, Zip Code 713-699-2577 Office Phone wchull@oomcast.net E-mail 713-699-2581 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 owing 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. --.X...- 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: HULL & HULL, INC. Address: Authorized Signature: Printed Name: WILLIAM C. HULL 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. Sealed bids shall be submitted, including one (1) marked original and one (1) duplicate on the original forms and clearly marked with bid number and description. This form must be fully completed and signed by authorizing agent when submitted. The name and address of bidder shall be marked on the outside of submitted bid packet. Owner will receive bids at the Purchasing Office, 2963 N. 23rd Street, La Porte, TX 77571. Bids will be publicly opened and read aloud in the upstairs Training Room immediately after the closing hour of said date. An elevator is not available. Please contact purchasinq at 281-470-5126 if accommodations are needed. Any bid received after the time and date specified shall not be considered. 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 c10sinq 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. 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. Furthermore, 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 bid bond prepared, duly executed by the bidder as principal and having as surety thereon a surety company approved by the Owner, in the amount of five percent (5%) of the bid. Such checks or bid bonds will be returned to all except the three (3) lowest bidders within three (3) days after the opening of bids, and the remaining checks or bid bonds will be returned promptly after the Owner and the accepted bidder have executed the contract, or, if no award has been made within thirty (30) days after the date of the opening of bids, upon demand of the bidder at any time thereafter, so long as he has not been notified of the acceptance of his bid. 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. 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. FUNDING OUT CLAUSE If 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. 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. 10. CONFLICT ON INTEREST Chapter 176 of the Texas Local Government Code requires that any person, who enters or seeks to enter into a contract for the sale or purchase of property, goods or services with a local government entity and who has a business relationship (as defined by Section 176.001(1- a)) with the local government entity, shall file a completed conflict of interest questionnaire with the City Secretary within 7 business days after the latter of: 1) the date the person begins discussions or negotiations to enter into a contract, including submission of a bid or proposal, or 2) the date the person becomes aware of facts that require the statement to be filed. The Conflict of Interest Questionnaire (Form CIQ) is available from the City of La Porte website at www.laportetx.gov or from the Texas Ethics Commission at www.ethics.state.us. Completed conflict of interest forms may be mailed or delivered to the office of City Secretary, 604 W. Fairmont Pkwy,. La Porte, TX 77571. Please consult your own legal advisor if you have questions regarding the statute of this form. 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). (2) Exercise every precaution at all 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 (including employees), who may be injured on the job site. In no case shall employees be permitted to work at a job site before the employer has made the necessary arrangements. 15. 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 16. ADDENDA AND INTERPRETATIONS No interpretation of the meaning of the plans, specifications or other pre-bid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to "City of La Porte, AUn: Purchasing Division, 2963 N. 23rd St., La Porte, Texas 77571" and to be given consideration must be received at least three (3) business days prior to the date fixed for the opening of bids. Any and all such interpretations or any supplemental instructions will be in the form of written addenda to the specification. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the contract documents. The Owner further reserves the right to award the contract based on an adjusted base bid, which shall consist of any combination of alternate bid items and bid items included in the base bid. 17. SUPPLEMENTAL INFORMATION A. All prices to be F.O.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. F. Items/Sections will be considered separately and may be awarded as such. G. Quantities are estimates and may be increased or decreased at the discretion of the City of La Porte. 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. WILLIAM C. HULL Printed Name. HULL & HULL, INC. Contractor Signature CITY OF LA PORTE, TEXAS SPECIFICATIONS SEALED BID #10002 BROOKGLEN POOL HOUSE FREE STANDING ROOF COVER INTENT The City of La Porte is seeking competitive bids for the installation of a free standing roof cover over the existing pool house at the Brookglen Pool, located at, 3324 Somerton Dr. La Porte, TX 77571. All material shall be new and unused, latest model available. PRE-BID MEETING A pre-bid meeting will be held at 2:00pm on Tuesday, October 20, 2009 at the Public Works Training Room, located upstairs at the site. All potential bidders are encouraged to attend. WARRANTY The successful bidder shall warrant labor and materials for a period of one year beginning upon acceptance by the City of La Porte. State standard manufacturer's warranty to be provided: See Section 07610 Sheet Metal Roofing for Special Warranty Requirements for the Sheet Metal Roofing system. PERMITS Prior to the start of work, the successful bidder shall be required to attain a building and electrical permit from the City of La Porte's Inspection Division. The fee for said permit shall be waived. CLEAN-UP All materials; tools; equipment etc, shall be removed or safely stored. All safety hazards to workers or the public shall be corrected immediately and left in a safe condition at the end of each work day REQUIRED CONTRACTOR INSURANCE: CONTRACTOR shall obtain insurance as detailed. Each policy obtained by the CONTRACTOR for work with this contract, with exception of the Worker's Compensation policy, shall name the CITY OF LA PORTE as an additional insured, and shall contain waiver of subrogation in favor of CITY OF LA PORTE. 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. General Liability: Commercial General Liability General Aggregate Personal Injury Each Occurrence $2,000,000.00 $1,000,000.00 $1,000,000.00 Automobile Liability: Combined Single Limit $1,000,000.00 Excess Liabilitv: Umbrella Each Occurrence Each Aggregate $1,000,000.00 $1,000,000.00 Worker's Compensation: A. Definitions: Certificate of coverage ("certificate"). A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83 or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's work on the project has been completed and accepted by the OWNER. Persons providing services on the project - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to the project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. AGREEMENT Bid #10002 THIS AGREEMENT, made this 2O-A day of (IlOIl6l/f&:;/L ,2009, by and between the CITY OF LA PORTE, hereinafter called "Owner", acting herein through its CITY MANAGER and Hull and Hull, Inc. (Name of Contracting Firm) a corporation of Houston , County of Harris , and State of Texas, hereinafter called "Contractor". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to commence and complete the construction described as follows: BROOKGLEN POOL HOUSE FREE STANDING ROOF COVER BID #10002 hereinafter called the project, for the Total Price of seventy thousand six hundred thirty-five Dollars and no Cents ($ 70.635.00 ) which includes Alternate Bid Item 1 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: j~ - A. The terms and conditions stated in the Proposal ancJi; 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 65 calendar days thereafter. The CONTRACTOR further agrees to pay, as liquidated damages, the sum of $300 for each consecutive calendar day thereafter as hereinafter provided in Paragraph SC-6 of the Supplementary Conditions. IN WITNESS WHEREOF, the parties to these present have executed this contract, each of which shall be deemed an original, in the year and day first above mentioned. City of La Porte Name of Owner SEAL Ron Bottoms Attest: BY:~AUJ Martha Gillett City Manager City Secretary SEAL Signature of Authorized Person ~e8;LCH~^-J-\- / Ceo Title of Authorized Person 02~3 '?et \e't .s.-\- t-\oclS--\ovJ \" y... 7i06l.19 Address and Zip Code ~~/ '= O. By: Witness Approved as to Form: Ud~~ ~Attorney PAYMENT BOND BID #10002 STATE OF TEXAS COUNTY OF Harris KNOW ALL MEN BY THESE PRESENTS: That Hull & Hull, Inc. of the City of Houston County of Harris , and State of Texas I as principal, and SureTec Insurance Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto The City of La Porte (Owner), in the penal sum of dollars ($ 70,635.00/100--- ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by t~.~e e presents: ~~ WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the j.Jit'.2(#\ day of.lli''''imger,w~t~~OOQ, to which contract is hereby referred to and made apart hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; "PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Vernon's Texas Codes Annotated. Texas Government Code. Chapter 2253, as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein." Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in such change extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 23 day of November ,2009. Surety Title: QrLeSLOf:N~( C2eO Address: ~d-3 'Le\ \e'f ~+ (~vs\o,v0~ /IOd-b ~av~n Title: Power of Attorney Address: Po Box 308, Dickinson, TX 77539. The name and address of the Resident Agent of Surety is: Maxim Group-PO Box 308, Dickinson, TX 77539 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 Web: http://www.tdLstate.tx.us Email: ConsumerProtection@tdi.state.tx.us 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. POA #: 5059450 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 Cherry Anderson its true and lawful Attorney-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 for: Principal: Hull & Hull, Inc. Obligee: City of La Porte Amount: $70,635.00 and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved. that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint anyone or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf ofthe 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 2dlr of April. 1999.) 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 1st day of April, A.D. 2007. ~l\.llllijlt..,Muq, '-'."'\).~~~~~~ ~.... .....c ~!~'1 \~~. tii\W ,'tl! a; ~ J ~l ~ ...... J. .:.1 y ......;;.../ ""rIlUllllnn~ On this 1st day of April, A.D. 2007 before me personally came RI. 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. By: CE COMPANY State of Texas County of Harris ss: ~\\'~~.V"'#. $\~)..' .tlt:~. ""..ot '.~~ ~ i : i \~il. .\$~$ ~11',:,~,,\\\'lO RHONDA MCCARY Notary Public. State of Texas My Commission Expires September 11. 2010 ~,~~ My commission expires September 11,2010 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney. executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my h~nd and the ~eal of said Company at Houston, Texas this 20th 2009 ,A.D. cretary Any Instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the autl1orl{yofthls power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. ~ ~R lit CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) OP ID CA 11/20/09 HULL&-1 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Maxim Insurance - Houston ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 2401 Termini Ste B HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO Box 308 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Dickinson TX 77539 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Zurich American Insurance Co. 16535 INSURER B: QBE Specialty Insurance Co Hull & Hull, Inc. INSURER c: Redland Insurance Company William C. Hull 2223 Kelley INSURER D: Texas Mutual Ins. Company 22945 Houston TX 77026 I INSURER E: American International Speci COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSRI TYPE OF INSURANCE POLICY NUMBER o"..PTLd~~~rJ'6~1 ~~~lfrMi,'jb~~ LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 f---.- 10/31/09 10/31/10 B X ~ COMMERCIAL GENERAL LIABILITY QSIHUOO02078 PREMISES (Ea occurence) $100,000 =:=J CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $ 5000 I---- PERSONAL & ADV INJURY $ 1000000 f-- GENERAL AGGREGATE $ 2000000 I---- GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $2000000 I !xl PRO- nLOC POLICY X JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1000000 f---.- C X ANY AUTO RICHU001632 10/31/09 10/31/10 (Ea accident) I---- ALL OWNED AUTOS BODILY INJURY f---.- (Per person) $ ~ SCHEDULED AUTOS ~ HIRED AUTOS BODILY INJURY (Per accident) $ ~ NON-OWNED AUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ~ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE $ 1000000 E X ~ OCCUR D CLAIMS MADE BE037601400 10/31/09 10/31/10 AGGREGATE $ 1000000 $ ~ DEDUCTIBLE $ X RETENTION $10000 $ WORKERS COMPENSATION X ITb"~/~I~:-fls I IUJk- AND EMPLOYERS' LIABILITY Y/N D ANY PROPRIETOR/PARTNER/EXECUTIVD 0001110361 10/31/09 10/31/10 E.L EACH ACCIDENT $ 1000000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) EL DISEASE - EA EMPLOYEE $ 1000000 If yes, describe under $ 1000000 SPECIAL PROVISIONS below EL DISEASE - POLICY LIMIT OTHER A Builders Risk EC03147925 10/31/09 10/31/10 proj Site 2,000,000 Total 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS The City of LaPorte, its officers, agents & employees are named as additional insured on the General Liability & Auto Liability policies. A Waiver of Subrogation is granted in favor of the City of LaPorte for the General Liab and Workers Compensation policies as required by written contract. CERTIFICATE HOLDER CANCELLATION City of LaPorte 604 W. Fairmont Pkwy. aPorte TX 77571 ACORD 25 (2009/01) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY4LA DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ 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. A D REPRESENTATIVE SUPPLEMENTARY CONDITIONS OF THE AGREEMENT BID #10002 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 Manning Engineering Corporation 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 facilities will be made with the OWNER and the CONTRACTOR. SC-20 PROTECTION OF TREES AND SHRUBS: Any trees, shrubs, plants, or ornamental growth within the right-of-way, not directly interfering with the construction of the road bed, sidewalks, driveways or sewer shall be protected from damage by the CONTRACTOR. Any tree, shrub, plant or 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 by the CONTRACTOR for work with this contract, with exception of the Worker's Compensation policy, shall name the OWNER and the ENGINEER as an additional insured. The coverage and amounts designated are minimum requirements and do not establish limits of the contractor's liability. Additional coverage may be provided at the CONTRACTOR'S option and expense. Insurance must include: General Liability: Commercial General Liability General Aggregate Personal Injury Each Occurrence $2,000,000.00 $1,000,000.00 $1,000,000.00 Automobile Liability: Combined Single Limit $1,000,000.00 Excess Liability: Umbrella Each Occurrence Each Aggregate $1,000,000.00 $1,000,000.00 Worker's Compensation: A. Definitions: Certificate of coverage ("certificate"). A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83 or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's work on the project has been completed and accepted by the OWNER. Persons providing services on the project - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to the project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas labor Code, Section 401.011 (44) for all employees of the contractor providing services on the project, for the duration of the project. C. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the OWNER showing that coverage has been extended. E. The CONTRACTOR shall obtain from each person providing services on the project, and provide the OWN ER: (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. /. 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 ill! 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 thereunder. SC-30 DISPUTE RESOLUTION, METHODS AND PROCEDURES: ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance 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. o P.-:s::: .3 .:L N. r-\ L PROPOSAL TO CITY OF LA PORTE, TEXAS TO: CITY OF LA PORTE 2963 N. 23RD STREET LA PORTE, TX 77571 FROM: COMPANY ADDRESS CITY STATE/ZIP PHONE HULL & HULL, INC. 2223 KELLEY STREET HOUS'ION TEXAS 77026 713-699-2577 ITEM NO. OF UNIT TOTAL NO. DESCRIPTION UNITS PRICE PRICE 1. Mobilization, bonds, insurance, and permits, complete, for the lump sum of: Dollars and Cents 1 L.S. $ $>< t I, 28'f Per Lump Sum . I 2. Furnish material and labor to construct the free standing roof structure per the Drawings and Technical Specifications, complete and in place, for the lump sum of: Dollars and Cents 1 L.S. $ X 7 7120 J Per Lump Sum , 3. Furnish material and labor to construct the column mounted tables per the Drawings and Technical Specifications, complete and in place, for the lump sum of: Dollars and Cents 1 L.S. $ $X 2, 150 Per Lump Sum , I TOTAL BASE BID AMOUNT $ )( qo, C,35*" ., \O~ \},~\ r \{) ITEM NO. DESCRIPTION NO. OF UNITS UNIT PRICE TOTAL PRICE Alternate Bid Items 1. Furnish material and labor to construct the roof using 2" x 16" standing seam roof panels in lieu of R Panels per the Drawings and Technical Specifications, complete and in place, for the lump sum of: Dollars and Cents 1 L.S. $ $ X- 2..0. 000 , Per Lump Sum IT IS UNDERSTOOD AND AGREED THAT THE ABOVE DESCRIBED ITEM, MATERIAL, EQUIPMENT, AND/OR WORK SHALL CARRY THE STANDARD WARRANTY OF THE MANUFACTURER AND BE DELIVERED ON SITE IN ACCORDANCE WITH THE ATTACHED SPECIFICATIONS IN G..5 DAYS, ARO. THE UNDERSIGNED CERTIFIES THE BID PRICE CONTAINED IN THE FOREGOING PROPOSAL HAS BEEN CAREFULLY CHECKED AND IS SUBMITTED IN DUPLICATE AS CORRECT AND FINAL THIS 29 DAY OF OCIOBER , 2009. HULL & HULL, INC. COMPANY r CITY OF LA PORTE TARGET DATES: SEALED BID #10002 BROOKGLEN POOL HOUSE FREE STANDING ROOF COVER To Dept for Review 09/15/09 Dept Return 09/30/09 Mail-Out Bids 10/14/09 Advertising 10/14/09 & 10/21/09 Pre-Bid Meeting 1 0/20/09 Opening 1 0/29/09 Agenda Deadline 11/02/09 Council Award 11/09/09 Award Notification 11/10/09 CITY OF LA PORTE STATEMENT OF "NO BID" BID #10002 BROOKGLEN POOL HOUSE FREE STANDING ROOF COVER In order to assist the Purchasing Division of The City of La Porte in evaluating and improving our solicitation process, we are asking that you complete this form and return by mail or fax. By submitting this form, you will assist us in evaluating all response, improve our bid solicitation process, and to maintain a positive relationship with you. Failure to respond may result in removal of your firm from our current vendor file. We, the undersigned have declined to bid for the following reason: Specification too "tight," or geared toward one brand or manufacturer only (explain below) Do not offer this type of product or service Unable to meet specifications (explain below) Opening date does not allow sufficient time to complete Unable to meet Bond requirements Other (explain below) Please return to: The City of La Porte 2963 N. 23rd Street La Porte, TX 77571 Fax: 281-470-5127 purchasing@laportetx.gov Please remove us from your Vendor list REMARKS: Company Name: Address: Phone Number: Fax Number: Signature: E-mail: Brookglen Pool House Free Standing Roof Cover TABLE OF CONTENTS SECTION 00010 TABLE OF CONTENTS DOCUMENTS 0 --INTRODUCTORY INFORMATION, BIDDING REQUIREMENTS, AND CONTRACT REQUIREMENTS 1.01 00010 - TABLE OF CONTENTS DIVISION 1 -- GENERAL REQUIREMENTS 2.01 01100 - SUMMARY 2.02 01300 - ADMINISTRATIVE REQUIREMENTS 2.03 01400 - QUALITY REQUIREMENTS 2.04 01780 - CLOSEOUT SUBMITTALS DIVISION 2 - SITE CONSTRUCTION 3.01 02310 - GRADING 3.02 02315 - EXCAVATION 3.03 02316 - FILL AND BACKFILL 3.04 02923 - SODDING DIVISION 3 -- CONCRETE 4.01 03100 - CONCRETE FORMS AND ACCESSORIES 4.02 03200 - CONCRETE REINFORCEMENT 4.03 03300 - CAST -IN-PLACE CONCRETE 4.04 03390 - CONCRETE CURING DIVISION 4 -- MASONRY. NOT USED DIVISION 5 -- METALS 6.01 05120 - STRUCTURAL STEEL 6.02 05400 - COLD-FORMED METAL FRAMING 6.03 05500 - METAL FABRICATIONS DIVISION 6 .. WOOD AND PLASTICS - NOT USED DIVISION 7 -- THERMAL AND MOISTURE PROTECTION 8.01 07410 - METAL WALL PANELS 8.02 07411 - PREFORMED METAL ROOF PANELS 8.03 07611 - CUSTOM SHEET METAL ROOFING 8.04 07620 - SHEET METAL FLASHING AND TRIM 8.05 07631 - GUTTERS AND DOWNSPOUTS 8.06 07900 - JOINT SEALERS DIVISION 8 -- DOORS AND WINDOWS - NOT USED DIVISION 9 .- FINISHES - NOT USED City of La Porte 00010 - 1 CLP #2009-10002 Brookglen Pool House Free Standing Roof Cover TABLE OF CONTENTS DIVISION 10 .- SPECIALTIES 11.01 10210 -WALL LOUVERS DIVISION 11 .- EQUIPMENT - NOT USED DIVISION 12.. FURNISHINGS. NOT USED DIVISION 13 .- SPECIAL CONSTRUCTION - NOT USED DIVISION 14 -- CONVEYING SYSTEMS. NOT USED DIVISION 15 -- MECHANICAL- NOT USED DIVISION 16 -- ELECTRICAL. NOT USED END OF TABLE OF CONTENTS City of La Porte 00010 - 2 CLP #2009-10002 Brookglen Pool House Free Standing Roof Cover SUMMARY SECTION 01100 SUMMARY PART1 GENERAL 1.01 PROJECT A. Project Name: Brookglen Pool House Free Standing Roof Cover. B. Owner's Name: City of La Porte. C. Engineer's Name: Manning Engineering Corporation. D. The Project consists of the construction of Free standing roof cover over the exisitng CMU pool house at the Brrokglen Pool at 3324 Somerton Dr. in La Porte. 1.02 CONTRACT DESCRIPTION A. Contract Type: A single prime contract based on a Stipulated Price as described in Contract. 1.03 DESCRIPTION OF ALTERATIONS WORK A. Scope of alterations work is shown on drawings. 1.04 OWNER OCCUPANCY A. Owner intends to occupy the Project upon Substantial Completion. B. Cooperate with Owner to minimize conflict and to facilitate Owner's operations. C. Schedule the Work to accommodate Owner occupancy. 1.05 CONTRACTOR USE OF SITE AND PREMISES A. Construction Operations: Limited to areas noted on Drawings. B. Provide access to and from site as required by law and by Owner: 1. Emergency Building Exits During Construction: Keep all exits required by code open during construction period; provide temporary exit signs if exit routes are temporarily altered. 2. Do not obstruct roadways, sidewalks, or other public ways without permit. 1.06 WORK SEQUENCE A. Coordinate construction schedule and operations with Owner. PART2 PRODUCTS - NOT USED PART 3 EXECUTION - NOT USED END OF SECTION City of La Porte 01100 -1 CLP #2009-10002 Brookglen Pool House Free Standing Roof Cover ADMINISTRATIVE REQUIREMENTS SECTION 01300 ADMINISTRATIVE REQUIREMENTS PART1 GENERAL 1.01 SECTION INCLUDES A. Preconstruction meeting. B. Construction progress schedule. C. Submittals for review, information, and project closeout. D. Number of copies of submittals. E. Submittal procedures. 1.02 RELATED REQUIREMENTS A. Section 01100 - Summary: Work covered by each contract, occupancy,. B. Section 01780 - Closeout Submittals: Project record documents. PART 2 PRODUCTS - NOT USED PART 3 EXECUTION 3.01 PRECONSTRUCTION MEETING A. Owner will schedule a meeting after Notice of Award. B. Attendance Required: 1. Owner. 2. Engineer. 3. Contractor. C. Agenda: 1. Execution of Owner-Contractor Agreement. 2. Submission of executed bonds and insurance certificates. 3. Distribution of Contract Documents. 4. Submission of list of Subcontractors, list of Products, schedule of values, and progress schedule. 5. Designation of personnel representing the parties to Contract, Owner and Engineer. 6. Procedures and processing of field decisions, submittals, substitutions, applications for payments, proposal request, Change Orders, and Contract closeout procedures. 7. Scheduling. D. Record minutes and distribute copies within two days after meeting to participants, with two copies to Engineer, Owner, participants, and those affected by decisions made. 3.02 CONSTRUCTION PROGRESS SCHEDULE A. Within 10 days after date of the Agreement, submit preliminary schedule defining planned operations for the first 60 days of Work, with a general outline for remainder of Work. B. If preliminary schedule requires revision after review, submit revised schedule within 10 days. C. Within 20 days after review of preliminary schedule, submit draft of proposed complete schedule for review. 1. Include written certification that major contractors have reviewed and accepted proposed schedule. City of La Porte 01300 - 1 CLP #2009-10002 Brookglen Pool House Free Standing Roof Cover ADMINISTRATIVE REQUIREMENTS D. Within 10 days after joint review, submit complete schedule. E. Submit updated schedule with each Application for Payment. 3.03 SUBMITTALS FOR REVIEW A. When the following are specified in individual sections, submit them for review: 1. Product data. 2. Shop drawings. 3. Samples for selection. 4. Samples for verification. B. Submit to Engineer for review for the limited purpose of checking for conformance with information given and the design concept expressed in the contract documents. C. Samples will be reviewed only for aesthetic, color, or finish selection. D. After review, provide copies and distribute in accordance with SUBMITTAL PROCEDURES article below. 3.04 SUBMITTALS FOR INFORMATION A. When the following are specified in individual sections, submit them for information: 1. Design data. 2. Certificates. 3. Test reports. 4. Inspection reports. 5. Manufacturer's instructions. 6. Manufacturer's field reports. 7. Other types indicated. B. Submit for Engineer's knowledge as contract administrator or for Owner. No action will be taken. 3.05 SUBMITTALS FOR PROJECT CLOSEOUT A. When the following are specified in individual sections, submit them at project closeout: 1. Project record documents. 2. Operation and maintenance data. 3. Warranties. 4. Bonds. 5. Other types as indicated. B. Submit for Owner's benefit during and after project completion. 3.06 NUMBER OF COPIES OF SUBMITTALS A. Documents for Review: 1. Small Size Sheets, Not Larger Than 8-1/2 x 11 inches: Submit the number of copies that Contractor requires, plus two copies that will be retained by Engineer. 2. Larger Sheets, Not Larger Than 24x36 inches: Submit the number of opaque reproductions that Contractor requires, plus two copies that will be retained by Engineer. B. Documents for Information: Submit two copies. C. Documents for Project Closeout: Make one reproduction of submittal originally reviewed. Submit one extra of submittals for information. D. Samples: Submit the number specified in individual specification sections; one of which will be retained by Engineer. 1. After review, produce duplicates. 2. Retained samples will not be returned to Contractor unless specifically so stated. City of La Porte 01300 - 2 CLP #2009-10002 Brookglen Pool House Free Standing Roof Cover ADMINISTRATIVE REQUIREMENTS 3.07 SUBMITTAL PROCEDURES A. Transmit each submittal with approved form. B. Sequentially number the transmittal form. Revise submittals with original number and a sequential alphabetic suffix. C. Identify Project, Contractor, Subcontractor or supplier; pertinent drawing and detail number, and specification section number, as appropriate on each copy. D. Apply Contractor's stamp, signed or initialed certifying that review, approval, verification of Products required, field dimensions, adjacent construction Work, and coordination of information is in accordance with the requirements of the Work and Contract Documents. E. Deliver submittals to Engineer at business address. F. Schedule submittals to expedite the Project, and coordinate submission of related items. G. For each submittal for review, allow 15 days excluding delivery time to and from the Contractor. H. Identify variations from Contract Documents and Product or system limitations that may be detrimental to successful performance of the completed Work. I. Provide space for Contractor and Engineer review stamps. J. When revised for resubmission, identify all changes made since previous submission. K. Distribute copies of reviewed submittals as appropriate. Instruct parties to promptly report any inability to comply with requirements. L. Submittals not requested will not be recognized or processed. END OF SECTION City of La Porte 01300 - 3 CLP #2009-10002 Brookglen Pool House Free Standing Roof Cover QUALITY REQUIREMENTS 6. Submit reports of all tests/inspections specified. B. Limits on Testing/Inspection Agency Authority: 1. Agency may not release, revoke, alter, or enlarge on requirements of Contract Documents. 2. Agency may not approve or accept any portion of the Work. 3. Agency may not assume any duties of Contractor. 4. Agency has no authority to stop the Work. C. Contractor Responsibilities: 1. Deliver to agency at designated location, adequate samples of materials proposed to be used that require testing, along with proposed mix designs. 2. Cooperate with laboratory personnel, and provide access to the Work and to manufacturers' facilities. 3. Provide incidental labor and facilities: a. To provide access to Work to be tested/inspected. b. To obtain and handle samples at the site or at source of Products to be tested/inspected. c. To facilitate tests/inspections. d. To provide storage and curing of test samples. 4. Notify Engineer and laboratory 24 hours prior to expected time for operations requiring testing/inspection services. 5. Employ services of an independent qualified testing laboratory and pay for additional samples, tests, and inspections required by Contractor beyond specified requirements. 6. Arrange with Owner's agency and pay for additional samples, tests, and inspections required by Contractor beyond specified requirements. D. Re-testing required because of non-conformance to specified requirements shall be performed by the same agency on instructions by Engineer. E. Re-testing required because of non-conformance to specified requirements shall be paid for by Contractor. 3.03 DEFECT ASSESSMENT A. Replace Work or portions of the Work not conforming to specified requirements. B. If, in the opinion of Engineer, it is not practical to remove and replace the Work, Engineer will direct an appropriate remedy or adjust payment. END OF SECTION City of La Porte 01400 - 3 CLP #2009-10002 Brookglen Pool House Free Standing Roof Cover QUALITY REQUIREMENTS SECTION 01400 QUALITY REQUIREMENTS PART1 GENERAL 1.01 SECTION INCLUDES A. Control of installation. B. Testing and inspection services. 1.02 RELATED REQUIREMENTS A. Section 01300 - Administrative Requirements: Submittal procedures. 1.03 REFERENCE STANDARDS A. ASTM C 1021 - Standard Practice for Laboratories Engaged in Testing of Building Sealants; 2008. B. ASTM C 1077 - Standard Practice for Laboratories Testing Concrete and Concrete Aggregates for Use in Construction and Criteria for Laboratory Evaluation; 2008. C. ASTM C 1093 - Standard Practice for Accreditation of Testing Agencies for Masonry; 2008. D. ASTM E 329 - Standard Specification for Agencies Engaged Construction Inspection and/or Testing; 2008. E. ASTM E 543 - Standard Specification for Agencies Performing Nondestructive Testing; 2008a. 1.04 SUBMITTALS A. Design Data: Submit for Engineer's knowledge as contract administrator for the limited purpose of assessing conformance with information given and the design concept expressed in the contract documents, or for Owner's information. B. Test Reports: After each tesVinspection, promptly submit two copies of report to Engineer and to Contractor. 1. Include: a. Date issued. b. Project title and number. c. Name of inspector. d. Date and time of sampling or inspection. e. Identification of product and specifications section. f. Location in the Project. g. Type of tesVinspection. h. Date of tesVinspection. i. Results of tesVinspection. j. Conformance with Contract Documents. k. When requested by Engineer, provide interpretation of results. 2. Test report submittals are for Engineer's knowledge as contract administrator for the limited purpose of assessing conformance with information given and the design concept expressed in the contract documents, or for Owner's information. C. Certificates: When specified in individual specification sections, submit certification by the manufacturer and Contractor or installation/application subcontractor to Engineer, in quantities specified for Product Data. 1. Indicate material or product conforms to or exceeds specified requirements. Submit supporting reference data, affidavits, and certifications as appropriate. City of La Porte 01400 - 1 CLP #2009-10002 Brookglen Pool House Free Standing Roof Cover QUALITY REQUIREMENTS D. Manufacturer's Instructions: When specified in individual specification sections, submit printed instructions for delivery, storage, assembly, installation, start-up, adjusting, and finishing, for the Owner's information. Indicate special procedures, perimeter conditions requiring special attention, and special environmental criteria required for application or installation. E. Erection Drawings: Submit drawings for Engineer's benefit as contract administrator or for Owner. 1. Submit for information for the limited purpose of assessing conformance with information given and the design concept expressed in the contract documents. 2. Data indicating inappropriate or unacceptable Work may be subject to action by Engineer or Owner. 1.05 TESTING AND INSPECTION AGENCIES A. Contractor shall employ and pay for services of an independent testing agency to perform other specified testing. B. Employment of agency in no way relieves Contractor of obligation to perform Work in accordance with requirements of Contract Documents. C. Contractor Employed Agency: 1. Testing agency: Comply with requirements of ASTM E 329, ASTM E 543, ASTM C 1021, ASTM C 1077, and ASTM C 1093. 2. Laboratory: Authorized to operate in Texas. PART2 PRODUCTS - NOT USED PART 3 EXECUTION 3.01 CONTROL OF INSTALLATION A. Monitor quality control over suppliers, manufacturers, products, services, site conditions, and workmanship, to produce Work of specified quality. B. Comply with manufacturers' instructions, including each step in sequence. C. Should manufacturers' instructions conflict with Contract Documents, request clarification from Engineer before proceeding. D. Comply with specified standards as minimum quality for the Work except where more stringent tolerances, codes, or specified requirements indicate higher standards or more precise workmanship. E. Have Work performed by persons qualified to produce required and specified quality. F. Verify that field measurements are as indicated on shop drawings or as instructed by the manufacturer. G. Secure products in place with positive anchorage devices designed and sized to withstand stresses, vibration, physical distortion, and disfigurement. 3.02 TESTING AND INSPECTION A. Testing Agency Duties: 1. Provide qualified personnel at site. Cooperate with Engineer and Contractor in performance of services. 2. Perform speCified sampling and testing of products in accordance with specified standards. 3. Ascertain compliance of materials and mixes with requirements of Contract Documents. 4. Promptly notify Engineer and Contractor of observed irregularities or non-conformance of Work or products. 5. Perform additional tests and inspections required by Engineer. City of La Porte 01400 - 2 CLP #2009-10002 Brookglen Pool House Free Standing Roof Cover CLOSEOUT SUBMITTALS SECTION 01780 CLOSEOUT SUBMITTALS PART1 GENERAL 1.01 SECTION INCLUDES A. Project Record Documents. B. Warranties and bonds. 1.02 RELATED REQUIREMENTS A. Section 01300 - Administrative Requirements: Submittals procedures, shop drawings, product data, and samples. B. Individual Product Sections: Warranties required for specific products or Work. 1.03 SUBMITTALS A. Project Record Documents: Submit documents to Engineerwith claim for final Application for Payment. B. Warranties and Bonds: 1. For equipment or component parts of equipment put into service during construction with Owner's permission, submit documents within 10 days after acceptance. 2. Make other submittals within 10 days after Date of Substantial Completion, prior to final Application for Payment. 3. For items of Work for which acceptance is delayed beyond Date of Substantial Completion, submit within 10 days after acceptance, listing the date of acceptance as the beginning of the warranty period. PART 2 PRODUCTS - NOT USED PART 3 EXECUTION 3.01 PROJECT RECORD DOCUMENTS A. Maintain on site one set of the following record documents; record actual revisions to the Work: 1. Drawings. 2. Addenda. 3. Change Orders and other modifications to the Contract. B. Ensure entries are complete and accurate, enabling future reference by Owner. C. Store record documents separate from documents used for construction. D. Record information concurrent with construction progress. E. Record Drawings: Legibly mark each item to record actual construction including: 1. Field changes of dimension and detail. 2. Details not on original Contract drawings. 3.02 WARRANTIES AND BONDS A. Obtain warranties and bonds, executed in duplicate by responsible Subcontractors, suppliers, and manufacturers, within 10 days after completion of the applicable item of work. Except for items put into use with Owner's permission, leave date of beginning of time of warranty until the Date of Substantial completion is determined. B. Verify that documents are in proper form, contain full information, and are notarized. City of La Porte 01780 - 1 CLP #2009-10002 Brookglen Pool House Free Standing Roof Cover C. Co-execute submittals when required. D. Retain warranties and bonds until time specified for submittal. END OF SECTION City of La Porte 01780 - 2 CLOSEOUT SUBMITTALS CLP #2009-10002 Brookglen Pool House Free Standing Roof Cover GRADING SECTION 02310 GRADING PART1 GENERAL 1.01 SECTION INCLUDES A. Rough grading the site for site structures and building pads. B. Finish grading. 1.02 RELATED REQUIREMENTS A. Section 02315 - Excavation. B. Section 02316 - Fill and Backfill: Filling and compaction. C. Section 02923 - Sodding: Finish ground cover. 1.03 SUBMITTALS A. Project Record Documents: Accurately record actual locations of utilities remaining by horizontal dimensions, elevations or inverts, and slope gradients. PART 2 PRODUCTS 2.01 MATERIALS A. Topsoil: Topsoil excavated on-site. 1. Graded. 2. Free of roots, rocks larger than 1/2 inch, subsoil, debris, large weeds and foreign matter. PART 3 EXECUTION 3.01 EXAMINATION A. Verify that survey bench mark and intended elevations for the Work are as indicated. 3.02 PREPARATION A. Identify required lines, levels, contours, and datum. B. Stake and flag locations of known utilities. C. Locate, identify, and protect from damage above- and below-grade utilities to remain. D. Protect site features to remain, including but not limited to existing structures, fences, sidewalks, paving, and curbs, from damage by grading equipment and vehicular traffic. E. Protect trees to remain by providing substantial fencing around entire tree at the outer tips of its branches; no grading is to be performed inside this line. 3.03 FINISH GRADING A. Before Finish Grading: 1. Verify building and trench backfilling have been inspected. 2. Verify subgrade has been contoured and compacted. B. Remove debris, roots, branches, stones, in excess of 1/2 inch in size. Remove soil contaminated with petroleum products. C. In areas where vehicles or equipment have compacted soil, scarify surface to depth of 3 inches. City of La Porte 02310 - 1 CLP #2009-10002 Brookglen Pool House Free Standing Roof Cover GRADING D. Fine grade topsoil to eliminate uneven areas and low spots. Maintain profiles and contour of subgrade. 3.04 REPAIR AND RESTORATION A. Existing Facilities, Utilities, and Site Features to Remain: If damaged due to this work, repair or replace to original condition. B. Trees to Remain: If damaged due to this work, trim broken branches and repair bark wounds; if root damage has occurred, obtain instructions from Engineer as to remedy. 3.05 CLEANING A. Remove unused stockpiled topsoil. Grade stockpile area to prevent standing water. B. Leave site clean and raked, ready to receive landscaping. END OF SECTION City of La Porte 02310 - 2 CLP #2009-10002 Brookglen Pool House Free Standing Roof Cover EXCAVATION SECTION 02315 EXCAVATION PART1 GENERAL 1.01 SECTION INCLUDES A. Excavating for footings, slabs-on-grade, and site structures. 1.02 RELATED REQUIREMENTS A. Section 02310 - Grading: Grading. B. Section 02316 - Fill and Backfill: Fill materials, filling, and compacting. PART 2 PRODUCTS. NOT USED PART 3 EXECUTION 3.01 PREPARATION A. Identify required lines, levels, contours, and datum locations. B. See Section 02310 for additional requirements. 3.02 EXCAVATING A. Excavate to accommodate new structures and construction operations. B. Notify Engineer of unexpected subsurface conditions and discontinue affected Work in area until notified to resume work. C. Slope banks of excavations deeper than 4 feet to angle of repose or less until shored. D. Do not interfere with 45 degree bearing splay of foundations. E. Cut utility trenches wide enough to allow inspection of installed utilities. F. Hand trim excavations. Remove loose matter. G. Correct areas that are over-excavated and load-bearing surfaces that are disturbed; see Section 02316. H. Grade top perimeter of excavation to prevent surface water from draining into excavation. I. Remove excavated material that is unsuitable for re-use from site. J. Remove excess excavated material from site. 3.03 PROTECTION A. Prevent displacement of banks and keep loose soil from falling into excavation; maintain soil stability. B. Protect bottom of excavations and soil adjacent to and beneath foundation from freezing. END OF SECTION City of La Porte 02315 - 1 CLP #2009-10002 BrookgJen Pool House Free Standing Roof Cover FILL AND BACKFILL SECTION 02316 FILL AND BACKFILL PART1 GENERAL 1.01 SECTION INCLUDES A. Filling, backfilling, and compacting for building volume below grade, footings, slabs-an-grade, and site structures. 1.02 RELATED REQUIREMENTS A. Section 02310 - Grading: Removal and handling of soil to be re-used. B. Section 02310 - Grading: Site grading. C. Section 02315 - Excavation: Removal and handling of soil to be re-used. D. Section 03300 - Cast-in-Place Concrete. 1.03 REFERENCE STANDARDS A. AASHTO T 180 - Standard Specification for Moisture-Density Relations of Soils Using a 4.54 kg (1 O-Ib) Rammer and a 457 mm (18 in.) Drop; American Association of State Highway.and Transportation Officials; 2001 (2004). B. ASTM D 698 - Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Standard Effort (12,400 ft-lbf/ft3 (600 kN-m/m3)); 2007. C. ASTM D 1556 - Standard Test Method for Density and Unit Weight of Soil in Place by the Sand-Cone Method; 2007. D. ASTM D 1557 - Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Modified Effort (56,000 ft-lbf/ft3 (2,700 kN m/m3)}; 2007. E. ASTM D 2167 - Standard Test Method for Density and Unit Weight of Soil in Place by the Rubber Balloon Method; 2008. F. ASTM D 2922 - Standard Test Methods for Density of Soil and Soil-Aggregate in Place by Nuclear Methods (Shallow Depth); 2005. G. ASTM D 3017 - Standard Test Method for Water Content of Soil and Rock in Place by Nuclear Methods (Shallow Depth); 2005. 1.04 SUBMITTALS A. See Section 01300 - Administrative Requirements, for submittal procedures. B. Compaction Density Test Reports. PART 2 PRODUCTS 2.01 FILL MATERIALS A. General Fill: Subsoil excavated on-site. 1. Graded. 2. Free of lumps larger than 3 inches, rocks larger than 2 inches, and debris. B. Sand: Natural river or bank sand; washed; free of silt, clay, loam, friable or soluble materials, and organic matter. C. Topsoil: Topsoil excavated on-site. 1. Select. City of La Porte 02316 - 1 CLP #2009-10002 Brookglen Pool House Free Standing Roof Cover FILL AND BACKFILL 2. Graded. 3. Free of roots, rocks larger than 1/2 inch, subsoil, debris, large weeds and foreign matter. 4. Containing a minimum of 4 percent and a maximum of 25 percent inorganic matter. PART 3 EXECUTION 3.01 EXAMINATION A. Identify required lines, levels, contours, and datum locations. B. See Section 02310 for additional requirements. 3.02 PREPARATION A. Scarify subgrade surface to a depth of 6 inches to identify soft spots. B. Cut out soft areas of subgrade not capable of compaction in place. Backfill with general fill. C. Compact subgrade to density equal to or greater than requirements for subsequent fill material. O. Until ready to fill, maintain excavations and prevent loose soil from falling into excavation. 3.03 FILLING A. Fill to contours and elevations indicated using unfrozen materials. B. Fill up to subgrade elevations unless otherwise indicated. C. Employ a placement method that does not disturb or damage other work. D. Systematically fill to allow maximum time for natural settlement. Do not fill over porous, wet, frozen or spongy subgrade surfaces. E. Maintain optimum moisture content of fill materials to attain required compaction density. F. Slope grade away from building minimum 2 inches in 10 ft, unless noted otherwise. Make gradual grade changes. Blend slope into level areas. G. Correct areas that are over-excavated. 1. Load-bearing foundation surfaces: Fill with concrete. 2. Other areas: Use general fill, flush to required elevation, compacted to minimum 97 percent of maximum dry density. H. Compaction Density Unless Otherwise Specified or Indicated: I. Reshape and re-compact fills subjected to vehicular traffic. 3.04 FIELD QUALITY CONTROL A. See Section 01400 - Quality Requirements, for general requirements for field inspection and testing. B. Perform compaction density testing on compacted fill in accordance with ASTM 01556, ASTM 02167, ASTM 02922, or ASTM 03017. C. Evaluate results in relation to compaction curve determined by testing uncompacted material in accordance with ASTM 0698 ("standard Proctor"), ASTM 01557 ("modified Proctor"), or AASHTO T 180. O. If tests indicate work does not meet specified requirements, remove work, replace and retest. E. Frequency of Tests: 1 test per 20 cuyd of fill. 3.05 CLEANING City of La Porte 02316 - 2 CLP #2009-10002 Brookglen Pool House Free Standing Roof Cover FILL AND BACKFILL A. Remove unused stockpiled materials, leave area in a clean and neat condition. Grade stockpile area to prevent standing surface water. END OF SECTION City of La Porte 02316 - 3 CLP #2009-10002 Brookglen Pool House Free Standing Roof Cover SODDING SECTION 02923 SODDING PART1 GENERAL 1.01 SECTION INCLUDES A. Placing topsoil. B. Fertilizing. C. Sod installation. D. Maintenance. 1.02 RELATED REQUIREMENTS A. Section 02310 - Grading: Topsoil material. B. Section 02310 - Grading: Preparation of subsoil and placement of topsoil in preparation for the work of this section. C. Section 02316 - Fill and Backfill: Topsoil material. 1.03 REFERENCE STANDARDS A. TPI (SPEC) - Guideline Specifications to Turfgrass Sodding; Turfgrass Producers International; 2006. 1.04 SUBMITTALS A. See Section 01300 - Administrative Requirements, for submittal procedures. 1.05 DELIVERY, STORAGE, AND HANDLING A. Deliver sod on pallets. Protect exposed roots from dehydration. B. Do not deliver more sod than can be laid within 24 hours. PART 2 PRODUCTS 2.01 MATERIALS A. Sod: TPI, Approved Turfgrass Sod quality; cultivated grass sod; type indicated in schedule at end of Section; with strong fibrous root system, free of stones, burned or bare spots; containing no more than 5 weeds per 1000 sq ft. Minimum age of 18 months, with root development that will support its own weight without tearing, when suspended vertically by holding the upper two corners. B. Fertilizer: provide mix recommended by sod supplier; recommended for grass, with fifty percent of the elements derived from organic sources; of proportion necessary to eliminate any deficiencies of topsoil, as indicated by analysis. PART 3 EXECUTION 3.01 EXAMINATION A. Verify that prepared soil base is ready to receive the work of this section. 3.02 PREPARATION A. Place topsoil in accordance with Section 02310. 3.03 FERTILIZING City of La Porte 02923 - 1 CLP #2009-10002 Brookglen Pool House Free Standing Roof Cover SODDING A. Apply fertilizer in accordance with manufacturer's instructions. B. Apply after smooth raking of topsoil and prior to installation of sod. C. Apply fertilizer no more than 48 hours before laying sod. D. Mix thoroughly into upper 2 inches of topsoil. E. Lightly water to aid the dissipation of fertilizer. 3.04 LAYING SOD A. Moisten prepared surface immediately prior to laying sod. B. Lay sod immediately after delivery to site to prevent deterioration. C. Lay sod smooth and tight with no open joints visible, and no overlapping; stagger end joints 12 inches minimum. Do not stretch or overlap sod pieces. D. Where new sod adjoins existing grass areas, align top surfaces. E. Where sod is placed adjacent to hard surfaces, such as curbs, pavements, etc., place top elevation of sod 1/2 inch below top of hard surface. F. Water sodded areas immediately after installation. Saturate sod to 4 inches of soil. G. After sod and soil have dried, roll sodded areas to ensure good bond between sod and soil and to remove minor depressions and irregularities. 3.05 MAINTENANCE A. Provide maintenance at no extra cost to Owner; Owner will pay for water. B. Maintain sodded areas immediately after placement until grass is well established and exhibits a vigorous growing condition. C. Water to prevent grass and soil from drying out. D. Roll surface to remove irregularities. E. Control growth of weeds. Apply herbicides in accordance with manufacturer's instructions. Remedy damage resulting from improper use of herbicides. F. Immediately replace sod to areas that show deterioration or bare spots. G. Protect sodded areas with warning signs during maintenance period. END OF SECTION City of La Porte 02923 - 2 CLP #2009-10002 Brookglen Pool House Free Standing Roof Cover CONCRETE FORMS AND ACCESSORIES SECTION 03100 CONCRETE FORMS AND ACCESSORIES PART1 GENERAL 1.01 SECTION INCLUDES A. Formwork for cast-in place concrete, with shoring, bracing and anchorage. S. Form accessories. C. Form stripping. 1.02 RELATED REQUIREMENTS A. Section 03200 - Concrete Reinforcement. B. Section 03300 - Cast-in-Place Concrete. C. Section 03390 - Concrete Curing. 1.03 REFERENCE STANDARDS A. ACI 117 - Standard Specifications for Tolerances for Concrete Construction and Materials; 2006. B. ACI 301 - Specifications for Structural Concrete for Buildings; American Concrete Institute; 2005. C. ACI318 - Building Code Requirements for Structural Concrete and Commentary; American Concrete Institute; 2008. D. ACt 347- Guide to Formwork for Concrete; American Concrete Institute; 2004. 1.04 SUBMITTALS A. See Section 01300 - Administrative Requirements, for submittal procedures. B. Product Data: Provide data on void form materials and installation requirements. PART 2 PRODUCTS 2.01 FORMWORK - GENERAL A. Provide concrete forms, accessories, shoring, and bracing as required to accomplish cast-in-place concrete work. B. Design and construct to provide resultant concrete that conforms to design with respect to shape, lines, and dimensions. C. Comply with applicable state and local codes with respect to design, fabrication, erection, and removal of formwork. D. Comply with relevant portions of ACI 347, ACI 301, and ACI 318. 2.02 WOOD FORM MATERIALS A. Form Materials: At the discretion of the Contractor. 2.03 PREFABRICATED FORMS A. Tubular Column Type: Round, spirally wound laminated fiber material, surface treated with release agent, non-reusable, of sizes indicated. City of La Porte 03100 - 1 CLP #2009-10002 Brookglen Pool House Free Standing Roof Cover CONCRETE FORMS AND ACCESSORIES 2.04 FORMWORK ACCESSORIES A. Form Ties: Removable type, galvanized metal, fixed length, cone type, with waterproofing washer, free of defects that could leave holes larger than 1 inch in concrete surface. B. Form Release Agent: Colorless mineral oil that will not stain concrete. PART 3 EXECUTION 3.01 EXAMINATION A. Verify lines, levels and centers before proceeding with formwork. Ensure that dimensions agree with drawings. 3.02 ERECTION - FORMWORK A. Erect formwork, shoring and bracing to achieve design requirements, in accordance with requirements of ACI 301. B. Provide bracing to ensure stability of formwork. Shore or strengthen formwork subject to overstressing by construction loads. C. Arrange and assemble formwork to permit dismantling and stripping. Do not damage concrete during stripping. Permit removal of remaining principal shores. 3.03 APPLICATION - FORM RELEASE AGENT A. Apply form release agent on formwork in accordance with manufacturer's recommendations. B. Apply prior to placement of reinforcing steel, anchoring devices, and embedded items. 3.04 INSERTS, EMBEDDED PARTS, AND OPENINGS A. Locate and set in place items that will be cast directly into concrete. B. Coordinate with work of other sections in forming and placing openings, slots, reglets, recesses, sleeves, bolts, anchors, other inserts, and components of other work. 3.05 FORM REMOVAL A. Do not remove forms or bracing until concrete has gained sufficient strength to carry its own weight and imposed loads. END OF SECTION City of La Porte 03100 - 2 CLP #2009-10002 Brookglen Pool House Free Standing Roof Cover CONCRETE REINFORCEMENT SECTION 03200 CONCRETE REINFORCEMENT PART1 GENERAL 1.01 SECTION INCLUDES A. Reinforcing steel for cast-in-place concrete. B. Supports and accessories for steel reinforcement. 1.02 RELATED REQUIREMENTS A. Section 03100 - Concrete Forms and Accessories. B. Section 03300 - Cast-in-Place Concrete. 1.03 REFERENCE STANDARDS A. ACI SP-66 - ACI Detailing Manual; American Concrete Institute International; 2004. B. ASTM A 615/A 615M - Standard Specification for Deformed and Plain Billet-Steel Bars for Concrete Reinforcement; 2007. C. CRSI (OM) - Manual of Standard Practice; Concrete Reinforcing Steel Institute; 2001. D. CRSI (P1) - Placing Reinforcing Bars; Concrete Reinforcing Steel Institute; Eighth Edition. 1.04 SUBMITTALS A. See Section 01300 - Administrative Requirements, for submittal procedures. B. Shop Drawings: Comply with requirements of ACI SP-66. Include bar schedules, shapes of bent bars, spacing of bars, and location of splices. C. Manufacturer's Certificate: Certify that reinforcing steel and accessories supplied for this project meet or exceed specified requirements. D. Reports: Submit certified copies of mill test report of reinforcement materials analysis. PART 2 PRODUCTS 2.01 REINFORCEMENT A. Reinforcing Steel: ASTM A 615/A 615M Grade 60 (420). 1. Plain billet-steel bars. B. Reinforcement Accessories: 1. Tie Wire: Annealed, minimum 16 gage. 2. Chairs, Bolsters, Bar Supports, Spacers: Sized and shaped for adequate support of reinforcement during concrete placement. 2.02 FABRICATION A. Fabricate concrete reinforcing in accordance with CRSI (DA4) - Manual of Standard Practice. PART 3 EXECUTION 3.01 PLACEMENT A. Place, support and secure reinforcement against displacement. Do not deviate from required position. B. Maintain concrete cover around reinforcing as follows: City of La Porte 03200 - 1 CLP #2009-10002 Brookglen Pool House Free Standing Roof Cover CONCRETE REINFORCEMENT 1. Footings and Concrete Formed Against Earth: 2 inch. C. Conform to applicable code for concrete cover over reinforcement. END OF SECTION City of La Porte 03200 - 2 CLP #2009-10002 Brookglen Pool House Free Standing Roof Cover CAST-IN-PLACE CONCRETE SECTION 03300 CAST -IN-PLACE CONCRETE PART1 GENERAL 1.01 SECTION INCLUDES A. Joint devices associated with concrete work. B. Miscellaneous concrete elements, including equipment pads, light pole bases, flagpole bases, thrust blocks, and manholes. 1.02 RELATED REQUIREMENTS A. Section 03100 - Concrete Forms and Accessories: Forms and accessories for formwork. B. Section 03200 - Concrete Reinforcement. C. Section 03390 - Concrete Curing. 1.03 REFERENCE STANDARDS A. ACI 117 - Standard Specifications for Tolerances for Concrete Construction and Materials; American Concrete Institute International; 2006. B. ACI 211.1 - Standard Practice for Selecting Proportions for Normal, Heavyweight, and Mass Concrete; American Concrete Institute International; 1991 (Reapproved 2002). C. ACI 301 - Specifications for Structural Concrete for Buildings; American Concrete Institute International; 2005. D. ACI 302.1 R - Guide for Concrete Floor and Slab Construction; American Concrete Institute International; 2004 (Errata 2007). E. ACI 304R - Guide for Measuring, Mixing, Transporting, and Placing Concrete; American Concrete Institute International; 2000. F. ASTM C 33 - Standard Specification for Concrete Aggregates; 2007. G. ASTM C 39/C 39M - Standard Test Method for Compressive Strength of Cylindrical Concrete Specimens; 2005. H. ASTM C 94/C 94M - Standard Specification for Ready-Mixed Concrete; 2007. I. ASTM C 150 - Standard Specification for Portland Cement; 2007. J. ASTM C 685/C 685M - Standard Specification for Concrete Made by Volumetric Batching and Continuous Mixing; 2007. K. ASTM C 1107/C 1107M - Standard Specification for Packaged Dry, Hydraulic-Cement Grout (Nonshrink); 2008. 1.04 SUBMITTALS A. See Section 01300 - Administrative Requirements, for submittal procedures. B. Product Data: Submit manufacturers' data on manufactured products showing compliance with specified requirements. PART 2 PRODUCTS 2.01 FORMWORK A. Comply with requirements of Section 03100. City of La Porte 03300 - 1 CLP #2009-10002 Brookglen Pool House Free Standing Roof Cover CAST-IN-PLACE CONCRETE 2.02 REINFORCEMENT A. Comply with requirements of Section 03200. 2.03 CONCRETE MATERIALS A. Cement: ASTM C 150, Type I - Normal portland type. 1. Acquire all cement for entire project from same source. B. Fine and Coarse Aggregates: ASTM C 33. 1. Acquire all aggregates for entire project from same source. 2.04 ACCESSORY MATERIALS A. Non-Shrink Grout: ASTM C 1107/C 1107M; premixed compound consisting of non-metallic aggregate, cement, water reducing and plasticizing agents. 1. Minimum Compressive Strength at 48 Hours: 2,400 psi. 2. Minimum Compressive Strength at 28 Days: 7,000 psi. B. Curing Materials: Comply with requirements of Section 03390. 2.05 BONDING AND JOINTING PRODUCTS 2.06 CONCRETE MIX DESIGN A. Proportioning Normal Weight Concrete: Comply with ACI 211.1 recommendations. B. Concrete Strength: Establish required average strength for each type of concrete on the basis of field experience or trial mixtures, as specified in ACI 301. 1. For trial mixtures method, employ independent testing agency acceptable to Engineer for preparing and reporting proposed mix designs. C. Normal Weight Concrete: 1. Compressive Strength, when tested in accordance with ASTM C 39/C 39M at 28 days: 4,000 psi. 2.07 MIXING A. On Project Site: Mix in drum type batch mixer, complying with ASTM C 685. Mix each batch not less than 1-1/2 minutes and not more than 5 minutes. B. Transit Mixers: Comply with ASTM C 94/C 94M. PART 3 EXECUTION 3.01 EXAMINATION A. Verify lines, levels, and dimensions before proceeding with work of this section. 3.02 PREPARATION A. Verify that forms are clean and free of rust before applying release agent. B. Coordinate placement of embedded items with erection of concrete formwork and placement of form accessories. 3.03 PLACING CONCRETE A. Place concrete in accordance with ACI 304R. B. Notify Engineer not less than 24 hours prior to commencement of placement operations. C. Ensure reinforcement, inserts, waterstops, embedded parts, and formed construction joint devices will not be disturbed during concrete placement. City of La Porte 03300 - 2 CLP #2009-10002 Brookglen Pool House Free Standing Roof Cover CAST-iN-PLACE CONCRETE D. Install joint devices in accordance with manufacturer's instructions. 3.04 CONCRETE FINISHING A. Repair surface defects, including tie holes, immediately after removing formwork. B. Exposed Form Finish: Rub down or chip off and smooth fins or other raised areas 1/4 inch or more in height. Provide finish as follows: 1. Smooth Rubbed Finish: Wet concrete and rub with carborundum brick or other abrasive, not more than 24 hours after form removal. 2. Grout Cleaned Finish: Wet areas to be cleaned and apply grout mixture by brush or spray; scrub immediately to remove excess grout. After drying, rub vigorously with clean burlap, and keep moist for 36 hours. C. Concrete Slabs: Finish to requirements of ACI 302.1 R, and as follows: 1. Decorative Exposed Surfaces: "Steel trowel" as described in ACI 302.1 R; use steel-reinforced plastic trowel blades instead of steel blades to avoid black-burnish marks; decorative exposed surfaces include surfaces to be stained or dyed, pigmented concrete, surfaces to be polished, and all other slab surfaces.- 3.05 CURING AND PROTECTION A. Comply with requirements of Section 03390. 3.06 DEFECTIVE CONCRETE A. Test Results: The testing agency shall report test results in writing to Engineer and Contractor within 24 hours of test. B. Defective Concrete: Concrete not conforming to required lines, details, dimensions, tolerances or specified requirements. C. Repair or replacement of defective concrete will be determined by the Engineer. The cost of additional testing shall be borne by Contractor when defective concrete is identified. D. Do not patch, fill, touch-up, repair, or replace exposed concrete except upon express direction of Engineer for each individual area. END OF SECTION City of La Porte 03300 - 3 CLP #2009-10002 Brookglen Pool House Free Standing Roof Cover CONCRETE CURING SECTION 03390 CONCRETE CURING PART1 GENERAL 1.01 SECTION INCLUDES A. Initial and final curing of horizontal and vertical concrete surfaces. 1.02 RELATED REQUIREMENTS A. Section 03300 - Cast-in-Place Concrete. 1.03 REFERENCE STANDARDS A. ACI 301 - Specifications for Structural Concrete for Buildings; American Concrete Institute Intemational; 2005. B. ACI 302.1 R - Guide for Concrete Floor and Slab Construction; American Concrete Institute Intemational; 2004 (Errata 2007) . C. ACI 308R - Guide to Curing Concrete; American Concrete Institute International; 2001 (Reapproved 2008). D. ASTM C 171 - Standard Specification for Sheet Materials for Curing Concrete; 2007. E. ASTM C 309 - Standard Specification for Liquid Membrane-Forming Compounds for Curing Concrete; 2007. F. ASTM D 2103 - Standard Specification for Polyethylene Film and Sheeting; 2008. 1.04 SUBMITTALS A. See Section 01300 - Administrative Requirements, for submittal procedures. B. Product Data: Provide data on curing compounds and moisture-retaining sheet, including compatibility of different products and limitations. 1.05 QUALITY ASSURANCE A. Perform Work in accordance with ACI 301 and ACI 302.1 R. PART 2 PRODUCTS 2.01 MATERIALS A. Membrane Curing Compound: ASTM C 309 Type 1 - Clear or translucent, Class A. B. Moisture-Retaining Sheet: ASTM C 171. 1. Curing paper, regular. 2. Polyethylene film, clear, minimum nominal thickness of 0.0040 in.. 3. White-burlap-polyethylene sheet, weighing not less than 10 oz/per linear yd, 40 inches wide. C. Polyethylene Film: ASTM D 2103, 4 mil thick, clear. PART 3 EXECUTION 3.01 EXAMINATION A. Verify that substrate surfaces are ready to be cured. 3.02 EXECUTION. HORIZONTAL SURFACES A. Cure floor surfaces in accordance with ACI 308R. City of La Porte 03390 - 1 CLP #2009-10002 Brookglen Pool House Free Standing Roof Cover CONCRETE CURING B. Moisture-Retaining Sheet: Lap strips not less than 3 inches and seal with waterproof tape or adhesive; secure at edges; maintain in place for not less than 4 days. C. Absorptive Moisture-Retaining Sheet: Saturate burlap-polyethylene and place burlap-side down over floor slab areas, lapping ends and sides; maintain in place for 7 days. D. Membrane Curing Compound: Apply curing compound in accordance with manufacturer's instructions in one coat. 3.03 EXECUTION - VERTICAL SURFACES A. Cure surfaces in accordance with ACI 308R. B. Membrane Curing Compound: Apply compound in accordance with manufacturer's instructions in one coat. 3.04 PROTECTION A. Do not permit traffic over unprotected floor surface. END OF SECTION City of La Porte 03390 - 2 CLP #2009-10002 Brookglen Pool House Free Standing Roof Cover STRUCTURAL STEEL SECTION 05120 STRUCTURAL STEEL PART1 GENERAL 1.01 SECTION INCLUDES A. Grouting under base plates. 1.02 RELATED REQUIREMENTS A. Section 05500 - Metal Fabrications: Steel fabrications affecting structural steel work. 1.03 REFERENCE STANDARDS A. AISC (MAN) - Steel Construction Manual; American Institute of Steel Construction, Inc.; 2005. B. AISC S303 - Code of Standard Practice for Steel Buildings and Bridges; American Institute of Steel Construction, Inc.; 2005. C. ASTM A 36/A 36M - Standard Specification for Carbon Structural Steel; 2005. D. ASTM A 53/A 53M - Standard Specification for Pipe, Steel, Black and Hot-Dipped, Zinc-Coated, Welded and Seamless; 2007. E. ASTM A 123/A 123M - Standard Specification for Zinc (Hot-Dip Galvanized) Coatings on Iron and Steel Products; 2002. F. ASTM A 153/A 153M - Standard Specification for Zinc Coating (Hot-Dip) on Iron and Steel Hardware; 2005. G. ASTM A 307 - Standard Specification for Carbon Steel Bolts and Studs, 60000 PSI Tensile Strength; 2007b. H. ASTM A 500/A 500M - Standard Specification for Cold-Formed Welded and Seamless Carbon Steel Structural Tubing in Rounds and Shapes; 2007. I. ASTM A 501 - Standard Specification for Hot-Formed Welded and Seamless Carbon Steel Structural Tubing; 2007. J. ASTM A 992/A 992M - Standard Specification for Structural Steel Shapes; 2006a. K. ASTM C 1107/C 1107M - Standard Specification for Packaged Dry, Hydraulic-Cement Grout (Nonshrink); 2008. L. AWS A2.4 - Standard Symbols for Welding, Brazing, and Nondestructive Examination; American Welding Society; 2007. M. AWS 01.1/01.1 M - Structural Welding Code - Steel; American Welding Society; 2008. 1.04 SUBMITTALS A. See Section 01300 - Administrative Requirements, for submittal procedures. B. Shop Drawings: 1. Indicate profiles, sizes, spacing, locations of structural members, openings, attachments, and fasteners. 2. Connections not detailed. 3. Indicate welded connections with AWS A2.4 welding symbols. Indicate net weld lengths. 1.05 QUALITY ASSURANCE A. Fabricate structural steel members in accordance with AISC "Steel Construction ManuaL" City of La Porte 05120 - 1 CLP #2009-10002 Brookglen Pool House Free Standing Roof Cover STRUCTURAL STEEL B. Comply with Section 10 of AISC "Code of Standard Practice for Steel Buildings and Bridges" for architecturally exposed structural steel. C. Maintain one copy of each document on site. PART 2 PRODUCTS 2.01 MATERIALS A. Steel Angles and Plates: ASTM A 36/A 36M. B. Steel W Shapes and Tees: ASTM A 9921A 992M. C. Rolled Steel Structural Shapes: ASTM A 992/A 992M. O. Cold-Formed Structural Tubing: ASTM A 500, Grade B. E. Hot-Formed Structural Tubing: ASTM A 501, seamless or welded. F. Pipe: ASTM A 53/A 53M, Grade B, Finish galvanized. G. Structural Bolts and Nuts: Carbon steel, ASTM A 307, Grade A galvanized to ASTM A 153/A 153M, Class C. H. Welding Materials: AWS 01.1; type required for materials being welded. I. Grout: Non-shrink, non-metallic aggregate type, complying with ASTM C 1107/C 1107M and capable of developing a minimum compressive strength of 7,000 psi at 28 days. J. Touch-Up Primer for Galvanized Surfaces: Fabricator's standard, complying with vac limitations of authorities having jurisdiction. 2.02 FABRICATION A. Shop fabricate to greatest extent possible. B. Continuously seal joined members by continuous welds. Grind exposed welds smooth. C. Fabricate connections for bolt, nut, and washer connectors. 2.03 FINISH A. Galvanize structural steel members to comply with ASTM A 123/A 123M. Provide minimum 1.7 ozlsq ft galvanized coating. PART 3 EXECUTION 3.01 EXAMINATION A. Verify that conditions are appropriate for erection of structural steel and that the work may properly proceed. 3.02 ERECTION A. Erect structural steel in compliance with AISC "Code of Standard Practice for Steel Buildings and Bridges". B. Allow for erection loads, and provide sufficient temporary bracing to maintain structure in safe condition, plumb, and in true alignment until completion of erection and installation of permanent bracing. C. Do not field cut or alter structural members without approval of Engineer. O. Grout solidly between column plates and bearing surfaces, complying with manufacturer's instructions for nonshrink grout. Trowel grouted surfaces smooth, splaying neatly to 45 degrees. City of La Porte 05120 - 2 CLP #2009-10002 Brookglen Pool House Free Standing Roof Cover 3.03 TOLERANCES A. Maximum Variation From Plumb: 1/4 inch per story, non-cumulative. B. Maximum Offset From True Alignment: 1/4 inch. END OF SECTION City of La Porte 05120 - 3 STRUCTURAL STEEL CLP #2009-10002 Brookglen Pool House Free Standing Roof Cover COLD FORMED METAL FRAMING SECTION 05400 COLD FORMED METAL FRAMING PART1 GENERAL 1.01 SECTION INCLUDES A. Formed steel stud exterior wall and interior wall framing. B. Formed steel joist and purlin framing and bridging. 1.02 RELATED REQUIREMENTS A. Section 07900 - Joint Sealers. 1.03 REFERENCE STANDARDS A. AISI SG02-1 - North American Specification for the Design of Cold-Formed Steel Structural Members; American Iron and Steel Institute; 2001 with 2004 supplement. (replaced SG-971) B. ASTM A 153/A 153M - Standard Specification for Zinc Coating (Hot-Dip) on Iron and Steel Hardware; 2005. C. ASTM A 653/A 653M - Standard Specification for Steel Sheet, Zinc-Coated (Galvanized) or Zinc-Iron Alloy-Coated (Galvannealed) by the Hot-Dip Process; 2007. D. ASTM C 955 - Standard Specification for Load-Bearing (Transverse and Axial) Steel Studs, Runners (Tracks), and Bracing or Bridging for Screw Application of Gypsum Panel Products and Metal Plaster Bases; 2007. E. AWS 01.1/01.1 M - Structural Welding Code - Steel; American Welding Society; 2008. F. SSPC-Paint 20 - Zinc-Rich Primers (Type I, "Inorganic," and Type II, "Organic"); Society for Protective Coatings; 2002 (Ed. 2004). 1.04 SUBMITTALS A. See Section 01300 - Administrative Requirements, for submittal procedures. B. Product Data: Provide data on standard framing members; describe materials and finish, product criteria, limitations. C. Product Data: Provide manufacturer's data on factory-made framing connectors, showing compliance with requirements. D. Shop Drawings: Indicate component details, framed openings, bearing, anchorage, loading, welds, and type and location of fasteners, and accessories or items required of related work. 1. Provide design engineer's stamp on shop drawings. E. Manufacturer's Installation Instructions: Indicate special procedures, conditions requiring special attention. 1.05 QUALITY ASSURANCE A. Designer Qualifications: Design framing system under direct supervision of a Professional Structural Engineer experienced in design of this Work and licensed in Texas. PART 2 PRODUCTS 2.01 FRAMING SYSTEM A. Provide primary and secondary framing members, bridging, bracing, plates, gussets, clips, fittings, reinforcement, and fastenings as required to provide a complete framing system. City of La Porte 05400 - 1 CLP #2009-10002 Brookglen Pool House Free Standing Roof Cover COLD FORMED METAL FRAMING B. Design Criteria: Provide completed framing system having the following characteristics: 1. Design: Calculate structural characteristics of cold-formed steel framing members according to AISI North American Specification for the Design of Cold-Formed Steel Structural Members. 2. Structural Performance: Design, engineer, fabricate, and erect to withstand specified design loads for project conditions within required limits. 3. Design Loads: As follows: a. Roof Live Loads: 1) Minimum Uniformly Distributed: 20 psf. 2) Minimum Concentrated: 100 psf. b. Wind Loads: 35 psf positive and 35 psf negative. 4. Live load deflection meeting the following, unless otherwise indicated: a. Roofs: Maximum vertical deflection under live load of 1/240 of span. b. Exterior Walls: Maximum horizontal deflection under wind load of 1/180 of span. 5. Able to tolerate movement of components without damage, failure of joint seals, undue stress on fasteners, or other detrimental effects when subject to seasonal or cyclic day/night temperature ranges. 6. Able to accommodate construction tolerances, deflection of building structural members, and clearances of intended openings. C. Shop fabricate framing system to the greatest extent possible. D. Deliver to site in largest practical sections. 2.02 FRAMING MATERIALS A. Studs and Track: ASTM C 955; studs formed to channel, "C", or "Sigma" shape with punched web; U-shaped track in matching nominal width and compatible height. 1. Gage and depth: As required to meet specified performance levels. 2. Galvanized in accordance with ASTM A 653/A 653M G90/Z275 coating. B. Joists and Purlins: Fabricated from ASTM A 653/A 653M steel sheet, with G90/Z275 hot dipped galvanized coating. 1. Base Metal: Structural Steel (SS), Grade 33/230. 2. Gage and depth: As required to meet specified performance levels. C. Framing Connectors: Factory-made formed steel sheet, ASTM A 653/A 653M SS Grade 50, with G60/Z180 hot dipped galvanized coating and factory punched holes. 1. Structural Performance: Maintain load and movement capacity required by applicable code, when evaluated in accordance with AISI North American Specification for the Design of Cold Formed Steel Structural Members; minimum 16 gage, 0.06 inch thickness. 2. Movement Connections: Provide mechanical anchorage devices that accommodate movement using slotted holes, screws and anti-friction bushings, while maintaining structural performance of framing. Provide movement connections where indicated on drawings. 3. Provide non-movement connections for tie-down to foundation, f1oor-to-f1oor tie-down, roof-to-wall tie-down, joist hangers, gusset plates, and stiffeners. 2.03 ACCESSORIES A. Touch-Up Primer for Galvanized Surfaces: SSPC-Paint 20, Type I - Inorganic, complying with VOC limitations of authorities having jurisdiction. City of La Porte 05400 - 2 CLP #2009-10002 Brookglen Pool House Free Standing Roof Cover COLD FORMED METAL FRAMING 2.04 FASTENERS A. Self-Drilling, Self-Tapping Screws, Bolts, Nuts and Washers: Hot dip galvanized per ASTM A 153/A 153M. B. Anchorage Devices: Power actuated. C. Welding: In conformance with AWS 01.1. PART 3 EXECUTION 3.01 EXAMINATION A. Verify that substrate surfaces are ready to receive work. B. Verify field measurements and adjust installation as required. 3.02 INSTALLATION OF STUDS A. Install components in accordance with manufacturers' instructions and ASTM C 1007 requirements. B. Touch-up field welds and damaged galvanized surfaces with primer. 3.03 INSTALLATION OF JOISTS AND PURLlNS A. Install framing components in accordance with manufacturers instructions. B. Make provisions for erection stresses. Provide temporary alignment and bracing. C. Set floor and ceiling joists parallel and level, with lateral bracing and bridging. D. Provide web stiffeners at reaction points. E. Touch-up field welds and damaged galvanized surfaces with primer. END OF SECTION City of La Porte 05400 - 3 CLP #2009-10002 Brookglen Pool House Free Standing Roof Cover METAL FABRICATIONS SECTION 05500 METAL FABRICATIONS PART1 GENERAL 1.01 SECTION INCLUDES A. Shop fabricated steel items. 1.02 RELATED REQUIREMENTS A. Section 03300 - Cast-in-Place Concrete: Placement of metal fabrications in concrete. 1.03 REFERENCE STANDARDS A. ASTM A 36/A 36M - Standard Specification for Carbon Structural Steel; 2005. B. ASTM A 53/A 53M - Standard Specification for Pipe, Steel, Black and Hot-Dipped, Zinc-Coated, Welded and Seamless; 2007. C. ASTM A 123/A 123M - Standard Specification for Zinc (Hot-Dip Galvanized) Coatings on Iron and Steel Products; 2002. D. ASTM A 153/A 153M - Standard Specification for Zinc Coating (Hot-Dip) on Iron and Steel Hardware; 2005. E. ASTM A 325 - Standard Specification for Structural Bolts, Steel, Heat Treated, 120/105 ksi Minimum Tensile Strength; 2009. F. ASTM A 325M - Standard Specification for Structural Bolts, Steel, Heat Treated 830 MPa Tensile Strength (Metric); 2009. G. ASTM A 500/A 500M - Standard Specification for Cold-Formed Welded and Seamless Carbon Steel Structural Tubing in Rounds and Shapes; 2007. H. AWS A2.4 - Standard Symbols for Welding, Brazing, and Nondestructive Examination; American Welding Society; 2007. I. AWS 01.1/01.1 M - Structural Welding Code - Steel; American Welding Society; 2008. J. SSPC-Paint 20 - Zinc-Rich Primers (Type I, "Inorganic," and Type II, "Organic"); Society for Protective Coatings; 2002 (Ed. 2004). 1.04 SUBMITTALS A. See Section 01300 - Administrative Requirements, for submittal procedures. B. Shop Drawings: Indicate profiles, sizes, connection attachments, reinforcing, anchorage, size and type of fasteners, and accessories. Include erection drawings, elevations, and details where applicable. 1. Indicate welded connections using standard AWS A2.4 welding symbols. Indicate net weld lengths. 1.05 QUALITY ASSURANCE A. Design structural fabrication items in this section under direct supervision of a Professional Engineer experienced in design of this Work and licensed in Texas. PART 2 PRODUCTS 2.01 MATERIALS - STEEL A. Steel Sections: ASTM A 36/A 36M. City of La Porte 05500 - 1 CLP #2009-10002 Brookglen Pool House Free Standing Roof Cover METAL FABRICATIONS B. Steel Tubing: ASTM A 500, Grade B cold-formed structural tubing. C. Pipe: ASTM A 53/A 53M, Grade B Schedule 40, black finish. O. Slotted Channel Framing: ASTM A 653, Grade 33. E. Slotted Channel Fittings: ASTM A 1011/A 1011M. F. Bolts, Nuts, and Washers: ASTM A 325 (ASTM A 325M), Type 1, galvanized to ASTM A 153/A 153M where connecting galvanized components. G. Touch-Up Primer for Galvanized Surfaces: SSPC-Paint 20, Type 1- Inorganic, complying with VOC limitations of authorities having jurisdiction. 2.02 FABRICATION A. Fit and shop assemble items in largest practical sections, for delivery to site. B. Fabricate items with joints tightly fitted and secured. C. Continuously seal joined members by continuous welds. O. Grind exposed joints flush and smooth with adjacent finish surface. Make exposed joints butt tight, flush, and hairline. Ease exposed edges to small uniform radius. E. Supply components required for anchorage of fabrications. Fabricate anchors and related components of same material and finish as fabrication, except where specifically noted otherwise. 2.03 FINISHES - STEEL A. Galvanizing of Structural Steel Members: Galvanize after fabrication to ASTM A 123/A 123M requirements. B. Galvanizing of Non-structural Items: Galvanize after fabrication to ASTM A 123/A 123M requirements. 2.04 FABRICATIONTOLERANCES A. Squareness: 1/8 inch maximum difference in diagonal measurements. B. Maximum Offset Between Faces: 1/16 inch. C. Maximum Misalignment of Adjacent Members: 1/16 inch. O. Maximum Bow: 1/8 inch in 48 inches. E. Maximum Deviation From Plane: 1/16 inch in 48 inches. PART 3 EXECUTION 3.01 EXAMINATION A. Verify that field conditions are acceptable and are ready to receive work. 3.02 INSTALLATION A. Install items plumb and level, accurately fitted, free from distortion or defects. B. Provide for erection loads, and for sufficient temporary bracing to maintain true alignment until completion of erection and installation of permanent attachments. C. Perform field welding in accordance with AWS 01.1/01.1 M. O. Obtain approval prior to site cutting or making adjustments not scheduled. City of La Porte 05500 - 2 CLP #2009-10002 Brookglen Pool House Free Standing Roof Cover 3.03 TOLERANCES A. Maximum Variation From Plumb: 1/4 inch per story, non-cumulative. B. Maximum Offset From True Alignment: 1/4 inch. C. Maximum Out-of-Position: 1/4 inch. END OF SECTION City of La Porte 05500 - 3 METAL FABRICATIONS CLP #2009-10002 Brookglen Pool House Free Standing Roof Cover METAL WALL PANELS SECTION 07410 METAL WALL PANELS PART1 GENERAL 1.01 SECTION INCLUDES A. Manufactured metal panels for walls and soffits, with insulation, liners, related flashings, and accessory components. 1.02 RELATED REQUIREMENTS A. Section 07900 - Joint Sealers. 1.03 REFERENCE STANDARDS A. ASTM A 653/A 653M - Standard Specification for Steel Sheet, Zinc-Coated (Galvanized) or Zinc-Iron Alloy-Coated (Galvannealed) by the Hot-Dip Process; 2007. 1.04 DESIGN REQUIREMENTS A. Components: Design and size components to withstand dead and live loads caused by positive and negative wind pressure acting normal to plane of wall. Design pressure of 35 Iblsq ft. B. Maximum Allowable Deflection of Panel: 11180 of span. 1.05 SUBMITTALS A. See Section 01300 - Administrative Requirements, for submittal procedures. B. Shop Drawings: Indicate dimensions, layout, joints, construction details, methods of anchorage. 1.06 QUALITY ASSURANCE A. Manufacturer Qualifications: Company specializing in manufacturing the products specified in this section with minimum three years of documented experience. B. Installer Qualifications: Company specializing in performing the work of this section with minimum 3 years of experience. 1.07 DELIVERY, STORAGE, AND HANDLING A. Protect panels from accelerated weathering by removing or venting sheet plastic shipping wrap. B. Store prefinished material off ground and protected from weather. Prevent twisting, bending, or abrasion, and provide ventilation to stored materials. Slope metal sheets to ensure drainage. C. Prevent contact with materials that may cause discoloration or staining of products. 1.08 WARRANTY A. See Section 01780 - Closeout Submittals, for additional warranty requirements. B. Correct defective work within a five year period after Substantial Completion for degradation of panel finish, including color fading caused by exposure to weather. C. Correct defective Work within a five year period after Substantial Completion, including defects in water tightness and integrity of seals. City of La Porte 07410 - 1 CLP #2009-10002 Brookglen Pool House Free Standing Roof Cover METAL WALL PANELS PART 2 PRODUCTS 2.01 MANUFACTURED METAL PANELS A. Wall Panel System: Preformed and prefinished metal panel system of vertical R panel profile; site assembled; with subgirt framing assembly. B. Exterior Panel: 1. Minimum 22 gage thick precoated steel sheet. 2. Interlocking edges, fitted with continuous gaskets. 3. Color: As selected from panel manufacturer's standard colors. C. Liner Panel: 1. Minimum 22 gage thick precoated steel sheet. 2. Interlocking edges, fitted with continuous gaskets. 3. Color: As selected from panel manufacturer's standard colors. D. Subgirts: 1. Profile as indicated; to attach panel system to building. E. Internal and External Corners: Same material, thickness, and finish as exterior sheets; match profile to suit system; brake formed to required angles. F. Expansion Joints: Same material, thickness and finish as exterior sheets; 22 gage; manufacturer's standard brake formed type, of profile to suit system. G. Trim: Same material, thickness and finish as exterior sheets; brake formed to required profiles. H. Anchors: Galvanized steel. 2.02 MATERIALS A. Precoated Steel Sheet: Hot-dipped galvanized steel sheet, ASTM A 653/A 653M Structural Steel (55) or Forming Steel (FS), with G90/Z275 coating; continuous coil-coated on exposed surfaces with specified finish coating and on panel back with specified panel back coating. B. Exterior Finish Coating: Panel manufacturer's standard polyvinylidene fluoride (PVF) top coat, over epoxy primer. C. Interior Finish Coating: Panel manufacturer's standard polyester top coat, over recommended primer. D. Panel Back Coating: Panel manufacturer's standard polyester wash coat. E. Non-Precoated Steel Sheet: Hot-dipped galvanized steel sheet, ASTM A 653/A 653M, SS Grade 33/230, with G90 coating. 2.03 ACCESSORIES A. Gaskets: Manufacturer's standard type suitable for use with system, permanently resilient; ultraviolet and ozone resistant. B. Sealants: Specified in Section 07900. Manufacturer's standard type suitable for use with installation of system; non-staining; color as selected. C. Fasteners: Manufacturer's standard type to suit application; with soft neoprene washers, steel, hot dip galvanized. Fastener cap same color as exterior panel. D. Field Touch-up Paint: As recommended by panel manufacturer. 2.04 FABRICATION City of La Porte 07410 - 2 CLP #2009-10002 Brookglen Pool House Free Standing Roof Cover METAL WAll PANELS A. Form sections true to shape, accurate in size, square, and free from distortion or defects. B. Form pieces in longest practicable lengths. C. Form panels for standing seams. D. Fabricate corners in one continuous piece with minimum 18 inch returns. PART 3 EXECUTION 3.01 EXAMINATION A. Verify that building framing members are ready to receive panels. 3.02 PREPARA nON A. Install subgirts perpendicular to panel length, securely fastened to substrates and shimmed and leveled to uniform plane. Space at intervals indicated. 3.03 INSTALLATION A. Install panels on walls and soffits in accordance with manufacturer's instructions. B. Fasten panels to structural supports; aligned, level, and plumb. C. locate joints over supports. lap panel ends minimum 2 inches. 3.04 TOLERANCES A. Maximum Offset From True Alignment Between Adjacent Members Butting or In Line: 1/16 inch. B. Maximum Variation from Plane or location Indicated on Drawings: 1/4 inch. 3.05 CLEANING A. Remove site cuttings from finish surfaces. B. Clean and wash prefinished surfaces with mild soap and water; rinse with clean water. END OF SECTION City of la Porte 07410-3 ClP #2009-10002 Brookglen Pool House Free Standing Roof Cover PREFORMED METAL ROOF PANELS SECTION 07411 PREFORMED METAL ROOF PANELS PART 1 GENERAL 1.01 SECTION INCLUDES A. Structural roofing system of preformed steel panels. B. Architectural roofing system of preformed steel panels. C. Fastening system. D. Factory finishing. E. Accessories and miscellaneous components. 1.02 RELATED REQUIREMENTS A. Section 05120 - Structural Steel: Roof framing and purlins. B. Section 07410 - Metal Wall Panels: Preformed wall panels. C. Section 07900 - Joint Sealers: Field-installed sealants. 1.03 REFERENCE STANDARDS A. ASCE 7 - Minimum Design Loads for Buildings and Other Structures; 2005. B. ASTM A 653/A 653M - Standard Specification for Steel Sheet, Zinc-Coated (Galvanized) or Zinc-Iron Alloy-Coated (Gatvannealed) by the Hot-Dip Process; 2007. C. ASTM A 792/A 792M - Standard Specification for Steel Sheet, 55% Aluminum-Zinc Alloy-Coated by the Hot-Dip Process; 2006a. D. ASTM E 1592 - Standard Test Method for Structural Performance of Sheet Metal Roof and Siding Systems by Uniform Static Air Pressure Difference; 2005. E. UL 580 - Standard for Tests for Uplift Resistance of Roof Assemblies; 2006. 1.04 SUBMITTALS A. See Section 01300 - Administrative Requirements, for submittal procedures. B. Product Data: Manufacturer's data sheets on each product to be used, including: 1. Storage and handling requirements and recommendations. 2. Installation methods. 3. Specimen warranty. C. Shop Drawings: Include layouts of roof panels, details of edge and penetration conditions, spacing and type of connections, flashings, underlayments, and special conditions. 1. Show work to be field-fabricated or field-assembled. 2. Include structural analysis signed and sealed by qualified structural engineer, indicating conformance of roofing system to specified loading conditions. D. Selection Samples: For each roofing system specified, submit color chips representing manufacturer's full range of available colors and patterns. E. Test Reports: Indicate compliance of preformed metal roofing system to specified requirements. F. Warranty: Submit specified manufacturer's warranty and ensure that forms have been completed in Owner's name and are registered with manufacturer. City of La Porte 07411-1 CLP #2009-10002 Brookglen Pool House Free Standing Roof Cover PREFORMED METAL ROOF PANELS 1.05 QUALITY ASSURANCE A. Manufacturer Qualifications: Company specializing in the manufacture of roofing systems similar to those required for this project, with not less than 5 years of documented experience. B. Installer Qualifications: Company trained and authorized by roofing system manufacturer. 1.06 DELIVERY, STORAGE, AND HANDLING A. Provide strippable plastic protection on prefinished roofing panels for removal after installation. B. Store roofing panels on project site as recommended by manufacturer to minimize damage to panels prior to installation. 1.07 WARRANTY A. Finish Warranty: Provide manufacturer's special warranty covering failure of factory-applied exterior finish on metal roof panels and agreeing to repair or replace panels that show evidence of finish degradation, including significant fading, chalking, cracking, or peeling within specified warranty period of 20 year period from date of Substantial Completion. B. Waterproofing Warranty: Provide manufacturer's warranty for weathertightness of roofing system, including agreement to repair or replace roofing that fails to keep out water within specified warranty period of 5 years from date of Substantial Completion. PART2 PRODUCTS 2.01 STRUCTURAL ROOF PANELS A. Engineering: Provide panel assemblies designed to safely support design loads at support spacing indicated, with deflection not to exceed 1/180 of the span when tested in accordance with ASTM E 1592. 1. Dead Loads: Weight of roofing system. 2. Live Loads: As required by ASCE 7. B. Performance Requirements: Provide complete roofing assemblies, including roof panels, clips, fasteners, connectors, and miscellaneous accessories, tested for conformance to the following minimum standards: 1. Overall: Complete weathertight system tested and approved in accordance with ASTM E 1592. 2. Wind Uplift: Class 90 wind uplift resistance of UL 580. 3. Thermal Movement: Design system to accommodate without deformation anticipated thermal movement over ambient temperature range of 100 degrees F. C. Metal Roofing: Factory-formed panels with factory-applied finish. 1. Steel Panels: a. Zinc-coated SS (structural steel) sheet conforming to ASTM A 653/A 653M; minimum G60 galvanizing. b. Steel Thickness: Minimum 0.024 inch. 2. Profile: Lapped seam, with integral sealant bead and exposed fastener system. 3. Texture: Smooth, with intermediate ribs for added stiffness. 4. Length: Full length of roof slope, without lapped horizontal joints. 5. Width: Maximum panel coverage of 36 inches. 2.02 ARCHITECTURAL ROOF PANELS A. Performance Requirements: Provide complete engineered system complying with specified requirements and capable of remaining weathertight while withstanding anticipated movement of substrate and thermally induced movement of roofing system. B. Metal Roofing: Factory-formed panels with factory-applied finish. City of La Porte 07411 -2 CLP #2009-10002 Brookglen Pool House Free Standing Roof Cover PREFORMED METAL ROOF PANELS 1. Steel Panels: a. Zinc-coated steel conforming to ASTM A 653/A 653M; minimum G60 galvanizing. b. Aluminum-zinc alloy-coated steel conforming to ASTM A 792/A 792M; minimum Al50 coating. c. Steel Thickness: Minimum 0.023 inch. 2. Profile: Standing seam, with minimum 2.0 inch seam height; concealed fastener system for field seaming with special tool. 3. Texture: Smooth, with intermediate ribs for added stiffness. 4. Length: Full length of roof slope, without lapped horizontal joints. 5. Width: Maximum panel coverage of 16 inches. 2.03 ATTACHMENTSYSTEM A. Concealed System: Provide manufacturer's standard stainless steel or nylon-coated aluminum concealed anchor clips designed for specific roofing system and engineered to meet performance requirements, including anticipated thermal movement. B. Exposed System: Provide manufacturer's recommended stainless steel fasteners engineered to meet performance requirements and equipped with appropriate sealant separators to provide weathertight connections that will accommodate anticipated thermal movement. 2.04 PANEL FINISH A. Fluoropolymer Coating System: Manufacturer's standard multi-coat thermocured coating system, including minimum 70 percent f1uoropolymer color topcoat with minimum total dry film thickness of 0.9 mil; color and gloss to match sample. B. Siliconized Polyester Coating: Epoxy primer and silicone-modified polyester enamel topcoat with minimum dry film thickness of 0.8 mil; color and gloss to match sample. C. Acrylic Enamel Coating: Epoxy primer and acrylic enamel topcoat with minimum dry film thickness of 0.8 mil; color and gloss to match sample. 2.05 ACCESSORIES AND MISCELLANEOUS ITEMS A. Miscellaneous Sheet Metal Items: Provide flashings, gutters, downspouts, trim, moldings, closure strips, preformed crickets, caps, and equipment curbs of the same material, thickness, and finish as used for the roofing panels. Items completely concealed after installation may optionally be made of stainless steel. B. Rib and Ridge Closures: Provide prefabricated, close-fitting components of steel with corrosion resistant finish, closed-cell synthetic rubber, neoprene, or PVC, or combination steel and closed-cell foam. C. Sealants: As specified in Section 07900. 1. Exposed sealant must cure to rubber-like consistency. 2. Concealed sealant must be non-hardening type. 2.06 FABRICATION A. Panels: Fabricate panels and accessory items at factory, using manufacturer's standard processes as required to achieve specified appearance and performance requirements. PART 3 EXECUTION 3.01 EXAMINATION A. Do not begin installation of preformed metal roof panels until substrates have been properly prepared. City of La Porte 07411 - 3 CLP #2009-10002 Brookglen Pool House Free Standing Roof Cover PREFORMED METAL ROOF PANELS B. If substrate preparation is the responsibility of another installer, notify Engineer of unsatisfactory preparation before proceeding. 3.02 PREPARATION A. Coordinate roofing work with provisions for roof drainage, flashing, trim, penetrations, and other adjoining work to assure that the completed roof will be free of leaks. B. Remove protective film from surface of roof panels immediately prior to installation. Strip film carefully, to avoid damage to prefinished surfaces. C. Separate dissimilar metals by applying a bituminous coating, self-adhering rubberized asphalt sheet, or other permanent method approved by roof panel manufacturer. D. Where metal will be in contact with wood or other absorbent material subject to wetting, seal joints with sealing compound and apply one coat of heavy-bodied bituminous paint. 3.03 INSTALLATION A. Overall: Install roofing system in accordance with approved shop drawings and panel manufacturer's instructions and recommendations, as applicable to specific project conditions. Anchor all components of roofing system securely in place while allowing for thermal and structural movement. 1. Install roofing system with concealed clips and fasteners, except as otherwise recommended by manufacturer for specific circumstances. 2. Install roofing system with exposed fasteners prefinished to match panels. 3. Minimize field cutting of panels. Where field cutting is absolutely required, use methods that will not distort panel profiles. Use of torches for field cutting is absolutely prohibited. B. Accessories: Install all components required for a complete roofing assembly, including flashings, gutters, downspouts, trim, moldings, closure strips, preformed crickets, caps, equipment curbs, rib closures, ridge closures, and similar roof accessory items. C. Roof Panels: Install panels in strict accordance with manufacturer's instructions, minimizing transverse joints except at junction with penetrations. 1. Provide sealant tape or other approved joint sealer at lapped panel joints. 2. Install sealant or sealant tape, as recommended by panel manufacturer, at end laps and side joints. 3.04 CLEANING A. Clean exposed sheet metal work at completion of installation. Remove grease and oil films, excess joint sealer, handling marks, and debris from installation, leaving the work clean and unmarked, free from dents, creases, waves, scratch marks, or other damage to the finish. 3.05 PROTECTION A. Do not permit storage of materials or roof traffic on installed roof panels. Provide temporary walkways or planks as necessary to avoid damage to completed work. Protect roofing until completion of project. B. Touch-up, repair, or replace damaged roof panels or accessories before date of Substantial Completion. END OF SECTION City of La Porte 07411 - 4 CLP #2009-10002 Brookglen Pool House Free Standing Roof Cover CUSTOM SHEET METAL ROOFING SECTION 07611 CUSTOM SHEET METAL ROOFING PART1 GENERAL 1.01 SECTION INCLUDES A. Sheet metal roofing, associated flashings, and underlayment. B. Counterflashings. C. Integral fascias. 1.02 REFERENCE STANDARDS A. AAMA 611 - Voluntary Specification for Anodized Architectural Aluminum; American Architectural Manufacturers Association; 1998. B. AAMA 2604 - Voluntary Specification, Performance Requirements and Test Procedures for High Performance Organic Coatings on Aluminum Extrusions and Panels; 2005. C. ASTM A 653/A 653M - Standard Specification for Steel Sheet, Zinc-Coated (Galvanized) or Zinc-Iron Alloy-Coated (Galvannealed) by the Hot-Dip Process; 2007. D. SMACNA (ASMM) - Architectural Sheet Metal Manual; Sheet Metal and Air Conditioning Contractors' National Association; 2003. 1.03 ADMINISTRATIVE REQUIREMENTS A. Preinstallation Meeting: Convene one week before starting work of this section. 1.04 SUBMITTALS A. See Section 01300 - Administrative Requirements, for submittal procedures. B. Shop Drawings: Indicate material profile, jointing pattern, jointing details, fastening methods, flashings, terminations, and installation details. C. Product Data: Provide data on metal types, finishes, characteristics. 1.05 QUALITY ASSURANCE A. Perform work in accordance with SMACNA Architectural Sheet Metal Manual requirements and standard details, except as otherwise noted. B. Installer Qualifications: Company specializing in performing sheet metal roof installations and approved by manufacturer. 1.06 DELIVERY, STORAGE, AND HANDLING A. Stack material to prevent twisting, bending, or abrasion, and to provide ventilation. Slope metal sheets to ensure drainage. B. Prevent contact with materials that could cause discoloration or staining. 1.07 WARRANTY A. See Section 01780 - Closeout Submittals, for additional warranty requirements. B. Correct defective Work within a five year period after Date of Substantial Completion. Defective work includes degradation of metal finish. C. Provide 20 year manufacturer warranty for Roof Panel. Warranty shall include degradation of metal finish. City of La Porte 07611-1 CLP #2009-10002 Brookglen Pool House Free Standing Roof Cover CUSTOM SHEET METAL ROOFING PART 2 PRODUCTS 2.01 SHEET MATERIALS A. Galvanized Steel Sheet: ASTM A 653/A 653M, with G90/Z275 zinc coating; 24 gage core steel. B. Pre-Finished Galvanized Steel Sheet: ASTM A 653/A 653M, with G90/Z275 zinc coating; 24 gage core steel, shop pre-coated with modified silicone coating; color as selected. 2.02 ACCESSORIES A. Fasteners: Galvanized steel, with soft neoprene washers. 2.03 FABRICATION A. Form sections true to shape, accurate in size, square, and free from distortion or defects. B. Fabricate cleats of same material as sheet, one gage thicker than roofing sheet, minimum 2 inches wide, interlockable with sheet. C. Fabricate starter strips, interlockable with sheet. D. Form pieces in longest practical lengths. E. Hem exposed edges on underside 1/2 inch; miter and seam corners. F. Form material with standing seams, except where otherwise indicated. At moving joints, use sealed lapped, bayonet-type or interlocking hooked seams. G. Fabricate corners from one piece with minimum 18 inch long legs; seam for rigidity, seal with sealant. H. Fabricate vertical faces with bottom edge formed outward 1/4 inch and hemmed to form drip. I. Fabricate flashings to allow toe to extend 2 inches over roofing paver. Return and brake edges. 2.04 FACTORY FINISHING A. Clear Anodized Finish: AAMA 611 AA-M 12C22A41 Class I clear anodic coating not less than 0.7 mils thick. B. Color Anodized Finish: AAMA 611 AA-M12C22A42/44 Class I integrally or electrolytically colored anodic coating not less than 0.7 mils thick. C. Fluoropolymer Coating: High Performance Organic Finish, AAMA 2604; multiple coat, thermally cured f1uoropolymer finish system; color as scheduled. D. Primer Coat: On coated sheets, finish concealed side of sheet with primer compatible with finish system as recommended by finish system manufacturer. PART 3 EXECUTION 3.01 EXAMINATION A. Inspect roof deck to verify deck is clean and smooth, free of depressions, waves, or projections, properly sloped to drains. B. Verify roofing termination and base flashings are in place, sealed, and secure. 3.02 PREPARATION A. Install starter and edge strips, and cleats before starting installation. City of La Porte 07611 - 2 CLP #2009-10002 Brookglen Pool House Free Standing Roof Cover CUSTOM SHEET METAL ROOFING B. Back paint concealed metal surfaces and surfaces in contact with dissimilar metals with protective backing paint to a minimum dry film thickness of 15 mil. 3.03 INSTALLATION- STANDING SEAM ROOFING A. Lay sheets with long dimension perpendicular to eaves. Apply pans beginning at eaves. B. Lock cleats into seams and flatten. C. Stagger transverse joints of roofing sheets. D. At eaves and gable ends, terminate roofing by hooking over edge strip. E. Bend up one side edge 1-1/2 inches and other edge 1-3/4 inches. F. Make first fold 1/4 inch wide single fold and second fold 1/2 inch wide, providing locked portion of standing seam, 5 plies in thickness. G. Fold lower ends of seams at eaves over at 45 degree angle. H. Terminate standing seams at ridge and hips by turning down with tapered fold. I. Form valleys of sheets not exceeding 10 feet in length. Lap joints 6 inches in direction of drainage. J. Extend valley sheet minimum 6 inches under roofing sheets. K. At valley, double fold valley and roofing sheets and secure with cleats spaced 18 inches on center. END OF SECTION City of La Porte 07611-3 CLP #2009-10002 Brookglen Pool House Free Standing Roof Cover SHEET METAL FLASHING AND TRIM SECTION 07620 SHEET METAL FLASHING AND TRIM PART1 GENERAL 1.01 SECTION INCLUDES A. Fabricated sheet metal items, including flashings and counterflashings. 1.02 RELATED REQUIREMENTS A. Section 07611 - Custom Sheet Metal Roofing. B. Section 07631 - Gutters and Downspouts. C. Section 07900 - Joint Sealers. 1.03 REFERENCE STANDARDS A. AAMA 2603 - Voluntary Specification, Performance Requirements and Test Procedures for Pigmented Organic Coatings on Aluminum Extrusions and Panels; 2002. B. ASTM A 653/A 653M - Standard Specification for Steel Sheet, Zinc-Coated (Galvanized) or Zinc-Iron Alloy-Coated (Galvannealed) by the Hot-Dip Process; 2007. C. ASTM A 666 - Standard Specification for Annealed or Cold-Worked Austenitic Stainless Steel Sheet, Strip, Plate, and Flat Bar; 2003. D. ASTM D 4586 - Standard Specification for Asphalt Roof Cement, Asbestos-Free; 2007. E. SMACNA (ASMM) - Architectural Sheet Metal Manual; Sheet Metal and Air Conditioning Contractors' National Association; 2003. 1.04 ADMINISTRATIVE REQUIREMENTS A. Preinstallation Meeting: Convene one week before starting work of this section. 1.05 SUBMITTALS A. See Section 01300 - Administrative Requirements, for submittal procedures. B. Shop Drawings: Indicate material profile, jointing pattern, jointing details, fastening methods, flashings, terminations, and installation details. 1.06 QUALITY ASSURANCE A. Perform work in accordance with SMACNA Architectural Sheet Metal Manual requirements and standard details, except as otherwise indicated. B. Fabricator and Installer Qualifications: Company specializing in sheet metal work with 3 years of documented experience. 1.07 DELIVERY, STORAGE, AND HANDLING A. Stack material to prevent twisting, bending, and abrasion, and to provide ventilation. Slope metal sheets to ensure drainage. B. Prevent contact with materials that could cause discoloration or staining. City of La Porte 07620 - 1 CLP #2009-10002 Brookglen Pool House Free Standing Roof Cover SHEET METAL FLASHING AND TRIM PART 2 PRODUCTS 2.01 SHEET MATERIALS A. Pre-Finished Galvanized Steel: ASTM A 653/A 653M, with G90/Z275 zinc coating; minimum 0.02 inch thick base metal, shop pre-coated with modified silicone coating. 1. Modified Silicone Polyester Coating: Pigmented Organic Coating System, AAMA 2603; baked enamel finish system; color as scheduled. B. Stainless Steel: ASTM A 666 Type 304, soft temper, 0.015 inch thick; smooth NO.4 finish. 2.02 ACCESSORIES A. Fasteners: Galvanized steel, with soft neoprene washers. B. Primer: Zinc chromate type. C. Sealant: Type 2 specified in Section 07900. D. Plastic Cement: ASTM D 4586, Type I. 2.03 FABRICATION A. Form sections true to shape, accurate in size, square, and free from distortion or defects. B. Form pieces in longest possible lengths. C. Hem exposed edges on underside 1/2 inch; miter and seam comers. D. Form material with flat lock seams, except where otherwise indicated. At moving joints, use sealed lapped, bayonet-type or interlocking hooked seams. E. Fabricate corners from one piece with minimum 18 inch long legs; seam for rigidity, seal with sealant. F. Fabricate vertical faces with bottom edge formed outward 1/4 inch (6 mm) and hemmed to form drip. G. Fabricate flashings to allow toe to extend 2 inches over roofing gravel. Return and brake edges. PART 3 EXECUTION 3.01 EXAMINATION A. Verify roof openings, curbs, pipes, sleeves, ducts, and vents through roof are solidly set, reg lets in place, and nailing strips located. B. Verify roofing termination and base flashings are in place, sealed, and secure. 3.02 INSTALLATION A. Secure flashings in place using concealed fasteners. Use exposed fasteners only where permitted. B. Apply plastic cement compound between metal flashings and felt flashings. C. Fit flashings tight in place. Make corners square, surfaces true and straight in planes, and lines accurate to profiles. D. Seal metal joints watertight. END OF SECTION City of La Porte 07620 - 2 CLP #2009-10002 Brookglen Pool House Free Standing Roof Cover GUTTERS AND DOWNSPOUTS SECTION 07631 GUTTERS AND DOWNSPOUTS PART1 GENERAL 1.01 SECTION INCLUDES A. Pre-finished galvanized steel gutters and downspouts. B. Precast concrete splash pads. 1.02 RELATED REQUIREMENTS A. Section 07611 - Custom Sheet Metal Roofing. B. Section 07620 - Sheet Metal Flashing and Trim. 1.03 REFERENCE STANDARDS A. ASTM A 653/A 653M - Standard Specification for Steel Sheet, Zinc-Coated (Galvanized) or Zinc-Iron Alloy-Coated (Galvannealed) by the Hot-Dip Process; 2007. B. ASTM B 209 - Standard Specification for Aluminum and Aluminum-Alloy Sheet and Plate; 2007. C. ASTM B 209M - Standard Specification for Aluminum and Aluminum-Alloy Sheet and Plate [Metric]; 2007. D. SMACNA (ASMM) - Architectural Sheet Metal Manual; Sheet Metal and Air Conditioning Contractors' National Association; 2003. 1.04 DESIGN REQUIREMENTS A. Conform to SMACNA Architectural Sheet Metal Manual for sizing components for rainfall intensity determined by a storm occurrence of 1 in 5 years. B. Conform to applicable code for size and method of rain water discharge. 1.05 SUBMITTALS A. See Section 01300 - Administrative Requirements, for submittal procedures. B. Shop Drawings: Indicate locations, configurations, jointing methods, fastening methods, locations, and installation details. C. Product Data: Provide data on prefabricated components. 1.06 DELIVERY, STORAGE, AND HANDLING A. Stack material to prevent twisting, bending, or abrasion, and to provide ventilation. Slope to drain. B. Prevent contact with materials that could cause discoloration, staining, or damage. PART 2 PRODUCTS 2.01 MATERIALS A. Pre-Finished Galvanized Steel Sheet: ASTM A 653/A 653M, with G90lZ275 zinc coating; minimum.063 inch thick base metal. 1. Finish: Shop pre-coated with modified silicone coating. 2. Color: As scheduled. B. Pre-Finished Aluminum Sheet: ASTM B 209 (ASTM B 209M);.050 inch thick. 1. Finish: Plain, shop pre-coated with modified silicone coating. City of La Porte 07631 - 1 CLP #2009-10002 Brookglen Pool House Free Standing Roof Cover GUTTERS AND DOWNSPOUTS 2. Color: As scheduled. 2.02 COMPONENTS A. Gutters: SMACNA rectangular style profile. B. Downspouts: SMACNA Rectangular profile. C. Anchors and Supports: Profiled to suit gutters and downspouts. 1. Anchoring Devices: In accordance with SMACNA requirements. 2. Gutter Supports: Brackets. 3. Downspout Supports: Brackets. D. Fasteners: Galvanized steel, with soft neoprene washers. 2.03 ACCESSORIES A. Splash Pads: Precast concrete type, size and profiles indicated; minimum 3000 psi at 28 days, with minimum 5 percent air entrainment. 2.04 FABRICATION A. Form gutters and downspouts of profiles and size indicated. B. Fabricate with required connection pieces. C. Form sections square, true, and accurate in size, in maximum possible lengths, free of distortion or defects detrimental to appearance or performance. Allow for expansion at joints. D. Hem exposed edges of metal. E. Fabricate gutter and downspout accessories; seal watertight. PART 3 EXECUTION 3.01 EXAMINATION A. Verify existing conditions before starting work. B. Verify that surfaces are ready to receive work. 3.02 INSTAllATION A. Install gutters, downspouts, and accessories in accordance with manufacturer's instructions. B. Sheet Metal: Join lengths with formed seams sealed watertight. Flash and seal gutters to downspouts and accessories. C. Slope gutters.0625 inch per foot. D. Set splash pans under downspouts. END OF SECTION City of La Porte 07631 - 2 CLP #2009-10002 Brookglen Pool House Free Standing Roof Cover JOINT SEALERS SECTION 07900 JOINT SEALERS PART1 GENERAL 1.01 SECTION INCLUDES A. Sealants and joint backing. B. Precompressed foam sealers. 1.02 RELATED REQUIREMENTS A. Section 03100 - 03300: Sealants required in conjunction with paving. B. Section 07410 - 07631: Sealants required in conjunction with roofing. 1.03 REFERENCE STANDARDS A. ASTM C 920 - Standard Specification for Elastomeric Joint Sealants; 2005. B. ASTM C 1193 - Standard Guide for Use of Joint Sealants; 2009. C. SCAQMD 1168 - South Coast Air Quality Management District Rule No.1168; current edition; www.aqmd.gov. 1.04 ADMINISTRATIVE REQUIREMENTS A. Coordinate the work with other sections referencing this section. 1.05 SUBMITTALS A. See Section 01300 - Administrative Requirements, for submittal procedures. B. Product Data: Provide data indicating sealant chemical characteristics, performance criteria, substrate preparation, limitations, and color availability. C. Manufacturer's Installation Instructions: Indicate special procedures. 1.06 QUALITY ASSURANCE A. Manufacturer Qualifications: Company specializing in manufacturing the Products specified in this section with minimum three years documented experience. 1.07 FIELD CONDITIONS A. Maintain temperature and humidity recommended by the sealant manufacturer during and after installation. PART 2 PRODUCTS 2.01 SEALANTS A. Sealants and Primers - General: Provide only products having lower volatile organic compound (VOC) content than required by South Coast Air Quality Management District Rule No.1168. B. Type 1 - General Purpose Exterior Sealant: Polyurethane; ASTM C 920, Grade NS, Class 25, Uses M, G, and A; single component. 1. Color: Standard colors matching finished surfaces. 2. Applications: Use for: a. Control, expansion, and soft joints in masonry. b. Joints between concrete and other materials. c. Joints between metal frames and other materials. City of La Porte 07900 - 1 CLP #2009-10002 Brookglen Pool House Free Standing Roof Cover JOINT SEALERS d. Other exterior joints for which no other sealant is indicated. C. Type 2 - Exterior Metal Lap Joint Sealant: Butyl or polyisobutylene, nondrying, nonskinning, noncuring. 1. Applications: Use for: a. Concealed sealant bead in sheet metal work. b. Concealed sealant bead in siding overlaps. 2.02 ACCESSORIES A. Primer: Non-staining type, recommended by sealant manufacturer to suit application. B. Joint Cleaner: Non-corrosive and non-staining type, recommended by sealant manufacturer; compatible with joint forming materials. C. Joint Backing: Round foam rod compatible with sealant; ASTM D 1667, closed cell PVC; oversized 30 to 50 percent larger than joint width. D. Bond Breaker: Pressure sensitive tape recommended by sealant manufacturer to suit application. PART 3 EXECUTION 3.01 EXAMINATION A. Verify that substrate surfaces are ready to receive work. B. Verify that joint backing and release tapes are compatible with sealant. 3.02 PREPARATION A. Remove loose materials and foreign matter that could impair adhesion of sealant. B. Clean and prime joints in accordance with manufacturer's instructions. C. Perform preparation in accordance with manufacturer's instructions and ASTM C 1193. D. Protect elements surrounding the work of this section from damage or disfigurement. 3.03 INSTALLATION A. Perform work in accordance with sealant manufacturer's requirements for preparation of surfaces and material installation instructions. B. Perform installation in accordance with ASTM C 1193. C. Measure joint dimensions and size joint backers to achieve width-to-depth ratio, neck dimension, and surface bond area as recommended by manufacturer. D. Install bond breaker where joint backing is not used. E. Install sealant free of air pockets, foreign embedded matter, ridges, and sags. F. Apply sealant within recommended application temperature ranges. Consult manufacturer when sealant cannot be applied within these temperature ranges. G. Tool joints as detailed. H. Precompressed Foam Sealant: Do not stretch; avoid joints except at comers, ends, and intersections; install with face 1/8 to 1/4 inch below adjoining surface. 3.04 CLEANING A. Clean adjacent soiled surfaces. City of La Porte 07900 - 2 CLP #2009-10002 Brookglen Pool House Free Standing Roof Cover JOINT SEALERS 3.05 PROTECTION A. Protect sealants until cured. 3.06 SCHEDULE A. Exterior Joints for Which No Other Sealant Type is Indicated: Type 1; colors as selected. B. Control, Expansion, and Soft Joints in Masonry, and Between Masonry and Adjacent Work: Type 1. C. Lap Joints in Exterior Sheet Metal Work: Type 2. END OF SECTION City of La Porte 07900 - 3 CLP #2009-10002 Brookglen Pool House Free Standing Roof Cover WALL LOUVERS SECTION 10210 WALL LOUVERS PART1 GENERAL 1.01 SECTION INCLUDES A. Louvers, frames, and accessories. 1.02 RELATED REQUIREMENTS A. Section 07620 - Sheet Metal Flashing and Trim. B. Section 07900 - Joint Sealers. 1.03 REFERENCE STANDARDS A. AAMA 611 - Voluntary Specification for Anodized Architectural Aluminum; American Architectural Manufacturers Association; 1998. B. AMCA 511 - Certified Ratings Program for Air Control Devices; Air Movement and Control Association International, Inc.; 2007. 1.04 SUBMITTALS A. See Section 01300 - Administrative Requirements, for submittal procedures. B. Product Data: Provide data describing design characteristics, maximum recommended air velocity, design free area, materials and finishes. C. Shop Drawings: Indicate louver layout plan and elevations, opening and clearance dimensions, tolerances; head, jamb and sill details; blade configuration, screens, blankout areas required, and frames. D. Test Reports: Independent agency reports showing compliance with specified performance criteria. 1.05 QUALITY ASSURANCE A. Manufacturer Qualifications: Company specializing in manufacturing products of the type specified in this section, with minimum three years of documented experience. PART 2 PRODUCTS 2.01 LOUVERS A. Louvers: Factory fabricated and assembled, complete with frame, mullions, and accessories; AMCA Certified under AMCA 511. 1. Wind Load Resistance: Design to resist positive and negative wind load of 35 psf without damage or permanent deformation. 2. Screens: Provide insect screens at intake louvers and bird screens at exhaust louvers. B. Stationary Louvers: Horizontal blade, extruded aluminum construction, with intermediate mullions matching frame. 1. Free Area: 50 percent, minimum. 2. Blades: Straight. 3. Frame: 4 inches deep, channel profile; comer joints mitered and mechanically fastened, with continuous recessed caulking channel each side. 4. Metal Thickness: Frame 0.081 inch; blades 0.081 inch. 5. Finish: Color anodized; finish welded units after fabrication. 6. Color: As scheduled. City of La Porte 10210 - 1 CLP #2009-10002 Brookglen Pool House Free Standing Roof Cover WALL LOUVERS 2.02 MATERIALS A. Extruded Aluminum: ASTM B 221 (ASTM B 221 M),. 1. Color Anodizing: AAMA 611 Class I, AA-M 12C22A42/44. B. Bird Screen: Interwoven wire mesh of steel, 0.063 inch diameter wire, 1/2 inch open weave, diagonal design. C. Insect Screen: 18 x 16 size aluminum mesh. 2.03 ACCESSORIES A. Screens: Frame of same material as louver, with reinforced comers; removable, screw attached; installed on inside face of louver frame. B. Head and Sill Flashings: See Section 07620. C. Sealant: 2 type, as specified in Section 07900. PART 3 EXECUTION 3.01 EXAMINATION A. Verify that prepared openings and flashings are ready to receive work and opening dimensions are as indicated on shop drawings. B. Verify that field measurements are as indicated. 3.02 INSTALLATION A. Install louver assembly in accordance with manufacturers instructions. B. Coordinate with installation of flashings by others. C. Install louvers level and plumb. D. Align louver assembly to ensure moisture shed from flashings and diversion of moisture to exterior. E. Secure louver frames in openings with exposed fasteners. F. Install perimeter sealant and backing rod in accordance with Section 07900. 3.03 CLEANING A. Strip protective finish coverings. B. Clean surfaces and components. END OF SECTION City of La Porte 10210 - 2 CLP #2009-10002 F REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: November 9. 2009 Appropriation Requested By: Stephen L. Barr Source of Funds: Sylvan Beach Escrow Department: Parks & Recreation Acc't Number: 001-0000-202-0610 Report: -X-Resolution: _Ordinance: _ Amount Budgeted: $231,560 Exhibits: Bid Tabulation Sealed Bid #10008 Amount Requested: $82,320 Exhibits: Bidder's List - Purchasing Letter Exhibits: Architect's Letter of Recommendation SUMMARY & RECOMMENDATION The Sylvan Beach Fishing Pier was destroyed by Hurricane Ike. The City of La Porte and Harris County have an Escrow account that is available for demolition and rebuilding of the pier. Additional funds for rebuilding the pier will be provided by FEMA for the Phase II replacement of the pier, but there are sufficient funds available for its demolition in the escrow fund. Sealed Bid #10008 for the Sylvan Beach Fishing Pier Demolition was sent to seventeen vendors. Bids were opened on October 29, 2009 with nine vendors responding. Crawley Shoreline Construction, Inc. submitted the low bid meeting specifications of $78,400 (see attached Bid Tabulation & Architect's Letter of Recommendation). With the addition of a five percent contingency of $3,920, the total funding required is $82,320. Funds are available in the Sylvan Beach Escrow Fund to cover this expenditure. Staff recommends acceptance of the low bid from Crawley Shoreline Construction, Inc. totaling $78,400, plus contingency of $3,920 for a total award of $82,320, for demolition of the Sylvan Beach Fishing Pier according to the plans and specifications provided. Ron Bottoms, City Manager I, /'It19 Date BID TABULA TlON #10008 . SYL VAN BEACH FISHING PIER DEMOLITION CRAWLEY PADGETT PENINSULA TDC MB WESTERN SHIRLEY & JTB DESCRIPTION QTY UOM SHORELINE SHORELINE MARINE, CONSTRUCTORS, INDUSTRIAL SONS SERVICES, CROWDER S & J DIVING, CONSTRUCTION, CONSTRUCTION, CONTRACTING CONSTRUCTION GULF INC. INC. INC. INC. INC. COMPANY COMPANY, INC. INC. 1. Sylvan Beach Pier Piling and Structure demolition and removal 1 LS $24,480,00 $71,300,00 $108,500,00 $68,925.00 $96,268.00 $86,648.00 $140,515.00 $126,000.00 $507,733.38 2. Remove submerged piling (212 piles) adjacent south side (3 piling per row) of all ilinQ and debris 1 LS 50,000.00 46,840.00 24,000.00 65,425.00 49,820.00 65,000.00 58,300.00 88,000.00 261,559.62 3. Add 100% material and payment bond coverage remium of the bid amount 1 LS 3,920.00 5,907.00 2,987.50 4,030.00 3,200.00 3,352.00 4,000.00 2,560.00 12,312.30 4. Achieve Substantial Completion Date in calendar days (work days without rain days) 30 40 35 35 30 45 60 30 60 TOTAL BASE BID AMOUNT $78,400.00 $124,047,00 $135,487.50 $138,380.00 $149,288.00 $155,000.00 $202,815.00 $216,560.00 $781,605.30 Alternate Bid Items Remova unl pnce for 20 to 30' long piling each, including disposal for submerged piling. Unit price includes overhead and bond cost. 1 EA 235 172 110 600 235 400 275 500 1.253 Information reflects pricing only and other factors may be considered during the evaluation process SEALED BID #10008 SYLVAN BEACH PIER DEMOLITION Texas Boathouse and Pier 28931 Smugglers Court Huffman, TX 77336 MB Western Industrial Contracting Co. PO Box 5399 Pasadena, TX 77508 Marine, Inc. 402 Bay Ave South Kemah, TX 77565 Padgett Shoreline Construction, Inc. PO Box 165 Bacliff, TX 77518 Peninsula Marine Towing and Salvage PO Box 501 Port Bolivar, TX 77650 Crawley Shoreline Construction 225 Jordan Baytown, TX 77520 TDC Constructors, Inc. P.O. Box 6139 Kingwood, TX 77325 Lester Contracting, Inc. P.O. Box 986 Port Lavaca, TX 77979 AAR Incorporated 6640 Signat Rd. (HUB VENDOR) Houston, TX 77041 Boyer, Inc. 8904 Fairbanks N.Houston Rd. Houston, TX 77064 (HUB VENDOR) Cherry Demolition 6131 Selinsky Rd. (HUB VENDOR) Houston, TX 77048 Gulf States Demolition 526 Kingwood Dr. #132 Kingwood, TX 77339 Sea Quest recovery LLC. 1772 Hialeah Dr Seabrook, TX 77586 A & R Demolition 13201 FM 812 Del Valle, TX 78617 E.W. Wells Group 3100 Main St. # 45 Dallas, TX 75226 Huffman Construction, Inc. 761 Cherokee Ave. Port Neches, TX 77651 Anderson Excavating Co. 920 Dorcas St. Omaha, NE 68108 Bayshore Sun Publish Dates: Oct 14, 2009 Oct 21,2009 CITY OF LA PORTE INTEROFFICE MEMORANDUM prfR@f1ti~/N,G, fPJ.\~{IHfOMr To: Stephen Barr, Director of Parks and Recreation From: Susan Cream, Purchasing Manager Subject: Sealed Bid #10008 - Sylvan Beach Pier Demolition Date: October 30, 2009 Advertised, Sealed Bids #10008 - Sylvan Beach Pier Demolition were opened and read on October 29, 2009. Bid requests were advertised in the Bayshore Sun and the City of La Porte website site and mailed out to seventeen (17) vendors with nine (9) returning bids. This bid may be placed on the agenda for the City Council meeting on October 26, 2009. Please remember to submit your agenda request form to the City Secretary, Finance, and Purchasing Manager by October 30,2009. The following items should be included: ~ Explanation of recommendation, if other than apparent low bid ~ Bid tabulation ~ City Council Bidders List ~ City Council Meeting RequesUChecklist ~ RANDALL PORTERFIELD _ _ _ _ ,_ _, _ ,.' . .. ARC HIT E C T S, I N C. October 29, 2009 Dear Stephen, Please find attached the bid tabulation for the demolition of the Sylvan Beach Pier and piling. We have reviewed the bids and believe the apparent lowest responsible bickleI' is Crawley Shoreline Construction in the amount of $78,400 with an alternate unit cost bid of $235.00 per submerged piling for any adjustment due to unforeseen conditions. This Contractor has scheduled (30) working days to complete the scope of work on or before January 15,2010. The anticipated starting c1ate is Monday, November 16th, 2009. Sincerelv, ~ Bob Randall, Architect Randall-Porterfield Architects, Inc. Cc: Robert Crawley Vkginia BedalllJ'a OFFICE J"IANAGER RANDALL-PORTERFIELD ARCHITECTS, INC 565 FM fJ70 N LEAGUE CITl~ TEXAS 77573 PH. fJ81.9.'lfJ.6tl80 FX, fJ81.91tl.69fJO 7 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested November 9.2009 Requested By: Martha Gillett/Clark Askins Date: Report: Resolution: Ordinance: x Exhibits: Ordinance Exhibits: Exhibits: Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION Attached for your consideration is the ordinance calling for a special election of the City of La Porte to be held on January 30, 2010, and calling for a Run-Off Election, if necessary. /I /1 ;tc) Date askins & askins P.C. ATIORNEYS and COUNSELORS Knox W. Askins Clark T. Askins November 3, 2009 Ms. Martha A. Gillett City Secretary City of La Porte City Hall La Porte, Texas Re: Agenda Request for November 9, 2009, Meeting. Dear Martha: I enclose herewith form of ordinance calling a special election of the City of La Porte, to fill the vacancy created by the resignation of Councilperson-At-Large--position A, for the term expiring May, 2010. The schedule for the special election, the dates of which are established by the Texas Election Code, are as follows: Filing begins: Tuesday, November 10, 2009 Filing deadline: Early voting begins: 5: 00 p. m., Monday, November 30, 2009 Monday, January 18, 2010 Early voting Saturday: Saturday, January 23, 2010 Early voting two 12-hour weekdays: Wednesday, January 20, 2010 Tuesday, January 26, 2010 Early voting ends: Tuesday, January 26, 2010 Election date: Saturday, January 30, 2010 Canvass election: Regular meeting of City Council on Monday, February 8, 2010 Runoff election, if necessary: Saturday, February 27, 2010 Yours very truly, ~-r~ Clark T. Askins City Attorney City of La Porte 702 W. Fairmont Parkway, P.O. Box 1218, La Porte, TX 77572-1218 281.471.1887 phone . 281.471.2047 fax. knoxaskins@comcast.net . ctaskins@swbell.net Martha A. Gillett November 3, 2009 page 2 CTA: sw Enclosure cc: Mr. Ron Bottoms City Manager City of La Porte Mr. Knox W. Askins City Attorney City of La Porte ORDINANCE NO. 2009- 31 '11 AN ORDINANCE CALLING A SPECIAL ELECTION OF THE CITY OF LA PORTE TO FILL THE UN-EXPIRED TERM OF COUNCILPERSON-AT-LARGE-POSITION A, CALLING A RUN-OFF ELECTION, IF NECESSARY, DESIGNATING ELECTION PRECINCTS AND POLLING PLACES, PROVIDING FOR THE USE OF VOTING MACHINES, APPOINTING ELECTION OFFICIALS, PROVIDING FOR METHOD AND DATES OF EARLY VOTING, PROVIDING FOR AN EARLY VOTING BALLOT BOARD, PROVIDING FOR RETURN AND CANVASS OF VOTES OF SAID ELECTION, PROVIDING FOR NOTICE, PROVIDING FOR FILING DEADLINE AND FILING FEES FOR CANDIDATES, PROVIDING A SAVINGS CLAUSE, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. A special election shall be held within the corporate limits of the City of La Porte, Texas, on the 30th day of January, 2010, such day being the fifth Saturday in January, 2010, between seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M., for the purpose of electing a Councilperson-At-Large- position A, for a term expiring May, 2010. A run-off election, if necessary, shall be held on Saturday, February 27, 2010, between the same hours. Section 2. Said election shall be held at each of the following voting places within said City, and the following named persons are hereby appointed as officers of said election, to-wit: Election Precinct #1 Polling Place: Baker School (Entry Area) 6000 West Main Street (West Main Street/at Underwood - enter off Spencer/Main) La Porte, Texas 77571 Boundaries: BEGINNING at the intersection of the Union Pacific Railroad and UOld" Underwood Road; THENCE south along Underwood Road to the north boundary line of the Creekmont SUbdivision; THENCE east along the north boundary line of the Creekmont subdivision to Big Island Slough; THENCE south along Big Island Slough to Meadow Place as projected west; THENCE east along Meadow Place to the west boundary line of the La Porte Airport; THENCE north along the west boundary line of the La Porte Airport to the north boundary line of the La Porte Airport; THENCE east along the north boundary line of the La Porte Airport and continue to project east along this same line to Sens Road; THENCE north along Sens Road to the Union Pacific Railroad; THENCE west along the Union Pacific Railroad to Underwood Road the POINT OF BEGINNING. Election Officials: Joeena Davis, Presiding Judge Melody Elledge, Alternate Presiding Judge Election Precinct #2 Polling Place: Baker School (Entry Area) 6000 West Main Street (West Main Street/at Underwood - enter off Spencer/Main) La Porte, Texas 77571 Boundaries: BEGINNING at the intersection of Underwood Rd. and Spencer Highway; THENCE west along Spencer Highway to the west La Porte City Limit Line west of Luella Blvd; THENCE south along the west La Porte City Limit Line to Fairmont Parkway; THENCE east along Fairmont Parkway to Underwood Rd; THENCE north along Underwood Rd. to Spencer Highway the POINT OF BEGINNING. Election Officials: Joeena Davis, Presiding Judge Melody Elledge, Alternate Presiding Judge 2 Election Precinct #3 POlling Place: Baker School (Entry Area) 6000 West Main Street (West Main Street/at Underwood - enter off Spencer/Main) La Porte, Texas 77571 Boundaries: BEGINNING at the intersection of Underwood Road and the north boundary line of the Creekmont sUbdivision; THENCE south along Underwood Road to Fairmont Parkway; THENCE east along Fairmont Parkway to Big Island Slough; THENCE north along Big Island Slough to Spencer Highway; THENCE east along Spencer Highway to Glen Meadows Drive as projected south; THENCE north along Glen Meadows Drive to Meadow Place; THENCE west along Meadow Place, as proj ected west to Big Island Slough; THENCE north along Big Island Slough to the north boundary line of the Creekmont sUbdivision; THENCE west along the north boundary of the Creekmont subdivision to Underwood Road the POINT OF BEGINNING. Election Officials: Joeena Davis, Presiding Judge Melody Elledge, Alternate Presiding Judge Election Precinct #4 Polling Place: La Porte City Hall (Council Chambers) 604 West Fairmont Parkway La Porte, Texas 77571 Boundaries: BEGINNING at the intersection of the Union Pacific Railroad and Sens Road; THENCE south along Sens Rd. to the north boundary of the La Porte Airport as projected east; 3 THENCE west along the projected north boundary line of the La Porte Airport to the east boundary line of the Airport; THENCE south along the east boundary line of the La Porte Airport to Spencer Highway; THENCE east along Spencer Highway to the Union Pacific Railroad; THENCE south along the Union Pacific Railroad to Fairmont Parkway; THENCE east along Fairmont Parkway to South Broadway (Old Hwy 146) ; THENCE north along South Broadway to East "G" st.; THENCE northeasterly along East "G" st. to South Iowa; THENCE northwesterly along South Iowa to East "F" st.; THENCE northeasterly along East "F" st. to South Ohio; THENCE northwesterly along South Ohio to East "E" st.; THENCE northeasterly along East "E" St. to the northeast La Porte city Limit Line; THENCE northwesterly along the northeast La Porte City Limit Line to North "E" st.; THENCE west along North "E" st. to North Blackwell; THENCE north along North Blackwell to Barbours Cut Blvd.; THENCE west along Barbours Cut Blvd. to North Broadway; THENCE north along North Broadway to Union Pacific Railroad; THENCE west along the Union Pacific Railroad to Sens Rd. the POINT OF BEGINNING. Election Officials: Mary Ann Trainer, Presiding Judge Norma Repman, Alternate Presiding Judge Election Precinct #5 Polling Place: La Porte City Hall (Council Chambers) 604 East Fairmont Parkway La Porte, Texas 77571 4 Boundaries: TRACT ONE BEGINNING at the intersection of East "E" St. and the northeast La Porte City Limit Line; THENCE southeasterly along the La Porte City Limit Line to the shoreline of Galveston Bay; THENCE southerly along the shoreline of Galveston Bay to the southern La Porte City Limit Line and the northern Shoreacres City Limit Line; THENCE west along the southern La Porte City Limit Line to the west right-of-way line of State Highway 146; THENCE north along the west right-of-way line of State Highway 146 to McCabe Rd.; THENCE west along McCabe Rd. to Union Pacific Railroad; THENCE north along Union Pacific Railroad to Fairmont Parkway; THENCE east along Fairmont Parkway to South Broadway (Old Hwy 146) ; THENCE north along South Broadway to East "G" St. ; THENCE northeasterly along East "G" St. to South Iowa; THENCE northwesterly along South Iowa to East "F" st. ; THENCE northeasterly along East "F" St. to South Ohio; THENCE northwesterly along South Ohio to East "E" St. ; THENCE northeasterly along East "E" St. to the northeast La Porte City Limit Line the POINT OF BEGINNING. TRACT TWO BEGINNING at the intersection of South Broadway (Old Hwy 146) and the City of Shoreacres southern City Limit Line; THENCE east along Shoreacres southern City Limit Line to the shoreline of Galveston Bay; THENCE southerly meandering the shoreline of Galveston Bay to the southernmost La Porte City Limit Line; THENCE west along the southernmost City Limit Line to South Broadway (Old Hwy 146); 5 THENCE north along South Broadway to the southern City Limit Line of City of Shoreacres being the POINT OF BEGINNING. Election Officials: Mary Ann Trainer, Presiding Judge Norma Repman, Alternate Presiding Judge Election Precinct #6 Polling Place: Baker School (Entry Area) 6000 West Main Street (West Main Street/at Underwood - enter off Spencer/Main) La Porte, Texas 77571 Boundaries: BEGINNING at the intersection of Big Island Slough and Spencer Highway; THENCE south along Big Island Slough to Fairmont Parkway; THENCE east along Fairmont Parkway to the Union Pacific Railroad; THENCE north along the Union Pacific Railroad to Spencer Highway; THENCE west along Spencer Highway to the east boundary line of the La Porte Airport; THENCE north along the La Porte Airport east boundary line to the north boundary line of the airport; THENCE west along the La Porte Airport north boundary line to the west boundary line of the airport; THENCE south along the west boundary of the La Porte Airport to Meadow Place as projected east; THENCE west along Meadow Place to Glen Meadows Dr.; THENCE south along Glen Meadows Dr. and as projected south to Spencer Highway; THENCE west along Spencer Highway to Big Island Slough the POINT OF BEGINNING. 6 Election Officials: Joeena Davis, Presiding Judge Melody Elledge, Alternate presiding Judge Early Voting Place: La Porte City Hall (Council Chambers) 604 West Fairmont Parkway La Porte, Texas 77571 Bilingual Election Clerk: Barbara Eldridge Section 3. Voting at said election, including early voting, shall be by the use of voting machines, and the ballots of said election shall conform to the Texas Election Code, as amended. section 4. An Early Voting Ballot Board is hereby created to process Early Voting results for the election and the runoff election, if necessary. Peggy Holland is appointed presiding Judge of the Early Voting Ballot Board. At least two (2) other members of the Early voting Ballot Board shall be appointed by the presiding Judge, in the same manner as the precinct election clerks. Early Voting by personal appearance shall begin on the 12th day and shall continue through the 4th day preceding the day of election. Early voting by mail shall begin on the 45th day preceding the date of the election, or as soon thereafter as ballots are available, and shall continue until seven o'clock (7:00) P.M. on election day. Early voting shall be conducted by a clerk for Early Voting, namely, Martha A. Gillett, and the place at which the Early voting shall be conducted is designated as the La Porte City Hall, 604 7 West Fairmont Parkway, La Porte, Texas, to which address ballot applications and ballots voted by mail may be mailed. Early voting by personal appearance shall begin on the 12th day and continue through the 4th day preceding the day of election. Early voting by personal appearance shall be conducted on the weekdays of the early voting period, from 8:00 a.m. to 5:00 p.m., except for Wednesday, January 20, 2010, and Tuesday January 26,2010, from 7:00 a.m. to 7:00 p.m.; and on Saturday, January 23, 2010, from 8:00 a.m. to 5:00 p.m. section 5. The City Secretary's election office in the La Porte City Hall is hereby designated as the Central Counting station to receive all ballots cast at said election, and Martha A. Gillett is hereby appointed the Presiding Manager for said Central Counting Station, and Sharon Harris is hereby appointed the Alternate Presiding Manager for said Central Counting Station. Said Manager shall appoint any clerks necessary to assist in receiving ballots and other records and in performing the other duties of said Manager in this regard. The City Manager is hereby authorized and directed to obtain, or cause to be obtained, the necessary electronic tabulating equipment, to arrange for the testing thereof as provided by law and to employ a duly qualified manager and a duly qualified tabulation supervisor to perform the duties respectively imposed on them by law with respect to the processing and tabulation of ballots at the Central Counting station. Section 6. That all election materials including notice of the election, ballots, instruction cards, affidavits and other 8 forms which voters may be required to sign and all early voting materials shall be printed in both English and Spanish, or Spanish translations thereof shall be made available in the circumstances permitted and in the manner required by law. Section 7. The city Secretary of the City of La Porte shall forthwith issue Notice of said election to be published one time in the BAYSHORE SUN, which is hereby found and declared to be a newspaper of general circulation in said City, not less than ten (10) days nor more than thirty (30) days prior to the date of the said election. section 8. Upon a candidate tendering his application on the form prescribed, the City Secretary shall furnish to such candidate all information relative to the qualifications for the office being sought; the method of placing the candidate's name on the ballot; the amount of the required filing fee; and any other pertinent information concerning said election; Section 9. Each candidate for the office of Councilperson- at-Large-Position A must be a resident elector of the City. Section 10. The deadline for a candidate to make application to have his name appear upon the ballot for such election, is hereby designated and established as 5: 00 0' clock P. M., Monday, November 30, 2009. No application shall be accepted for filing prior to November 10, 2009. The filing fee for each candidate for the office of Councilperson-At-Large-Position A is hereby established at Fifty Dollars ($50.00). The filing fees shall be used to defray the cost of the election, and said fees shall be prorated and any surplus shall be refunded to said candidates. As 9 an alternative to paying a filing fee, a candidate may obtain a place on the ballot by filing a petition as provided for in City of La Porte Home Rule Charter, Article 2.04 c.3. Section 11. Said election shall be held in accordance with the provisions of the City Charter of the City of La Porte, and the general election laws of the State of Texas governing general and municipal elections, so far as same may be applicable thereto. Section 12. Immediately after said election, the officers holding the same shall make and deliver the returns of the results thereof and the accompanying records for use in the official canvass to the City Council of the City of La Porte, and the City Council shall canvass said returns at the earliest practicable time, and shall, immediately after canvassing the returns, declare the results of the election. The Mayor shall immediately thereafter deliver to the candidate for whom the majority of votes has been polled for each respective office, a certificate of election. Such elected officials shall assume their duties within ten (10) days thereafter, Sundays excluded, upon their taking the oath of office. Section 13. Each and every provision, paragraph, sentence and clause of this Ordinance has been separately considered and passed by the City Council of the City of La Porte, Texas, and each said provision would have been separately passed without any other provision, and if any provision hereof shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been passed alone. 10 Section 14. This Ordinance shall be in effect immediately upon its passage and approval. Section 15. 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 i 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. PASSED AND APPROVED, this 9th day of November, 2009. By: 0n~ A4i Martha A. Gillett City Secretary AP~D' Cl ~~nr ~"LJ Assistant City Attorney 1.1. 8 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Nov. 9. 2009 J Requested By: Mayo, B='oy 1-- Department: City ouncil Appropriation Source of Funds: Account Number: Report: Resolution: Ordinance: X Amount Budgeted: Exhibits: Ordinance Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION City Council to approve an ordinance appointing a Mayor Pro-tern of the City of La Porte, for the term expiring May 31, 2010. Appointed Mayor Pro-Tern Georgia Malone resigned from her position as Councilrnernber At-Large "A" on October 26, 2009. II I<I~' Date .,. ORDINANCE NO. 2009-3l q i AN ORDINANCE APPOINTING A MEMBER OF THE CITY COUNCIL TO SERVE AS MAYOR PRO-TEM OF THE CITY OF LA PORTE, FOR THE PERIOD NOVEMBER 9, 2009, THROUGH MAY 31, 2010, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby appoints John Black to serve as Mayor Pro-Tern of the City of La Porte, for the period November 9, 2009, through May 31, 2010, or until his successor shall have been duly appointed and qualified. Section 2. The Mayor Pro-Tern shall serve in such office during said term, during the absence or incapacity of the Mayor and shall do all things, perform all duties, and in fact have all the powers and duties of the Mayor of the City of La Porte during such absence or incapacity of the Mayor. Section 3. The city Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. ORDINANCE NO. 2009-31 c:; ~ PAGE 2 PASSED AND APPROVED, this 9th day of November, 2009. ATTEST: 4' 'M4~~n 1// ~ A. Gi lett City Secretary APPROVED: ~r~ Clark T. Askins Assistant City Attorney CITY OF LA PORTE 9 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: November 9. 2009 Requested By: Mayor Barry Beasley Appropriation Source of Funds: Department: City Council Account Number: Report: Resolution: X Ordinance: Amount Budgeted: District Amount Requested: Exhibits: Resolution Budgeted Item: YES NO ". Exhibits: Ballot SUMMARY & RECOMMENDATION La Porte City Council to approve a resolution appointing Ed Heathcott, to serve as a member of the Board of Directors of Harris County Appraisal District. /1 /1 j, Date '7") '.., t '~7'0 ;'::"' .. " ..~"" ;:'. t: OCT 1 6 2009 Harris County Appraisal District Interoffice Memorandum CITY seCRETARY'S OFFICE OFFICE OF THE CHIEF APPRAISER TO: Presiding Officers of Taxing Units Served by the Harris County Appraisal District t-- FROM: Jim Robinson, Chief Appraiser p~ SUBJECT: Election of Board of Directors of the Harris County Appraisal District DATE: October 15,2009 The nomination period for board candidates representing the small cities, school districts, and conservation & reclamation districts closed October 14,2009. The names of all candidates officially nominated to me on or before that date are reflected on the enclosed "Certification of Ballot" forms. Candidates for contested positions are listed alphabetically on the ballots in the manner required by the Texas Tax Code. Katherine (Toni) Trumbull was the only person nominated for the position representing school districts other than Houston lSD, and Howard Martin, Jr. and Glenn E. Peters are nominees for the position representing the conservation and reclamation districts. Nominated for the board position representing cities other than the City of Houston were Ed Heathcott, and Chris Presley. To assist you in the election procedure, I have enclosed a Certification of Ballot and a suggested form of resolution for casting your vote for the candidate representing your type of taxing unit. Ballot forms for all three types of units are enclosed to make you aware of all nominees, even though only taxing units of a particular type may vote in the election applicable to that type of unit. The governing body of each taxing unit is entitled to one vote for the candidate of its choice from the names appearing on the appropriate Certification of Ballot. Presiding Officers of Taxing Units October 15, 2009 Page 2 No later than Monday, December 14,2009, each governing body must cast its vote for one of the nominees, formally adopt a resolution naming the person for whom it votes, and submit a certified copy to the chief appraiser. The vote must be by resolution. The resolution, or a certified copy thereof, together with the completed Certification of Ballot, must be delivered to Jim Robinson, Chief Appraiser, 13013 Northwest Freeway, Houston, Texas 77040, or mailed to P. O. Box 920975, Houston, Texas 77292-0975 to arrive before 5:00 p.m. Monday, December 14,2009. The outside of the envelope should be marked "Ballot for Board of Directors." On Tuesday, December 15,2009, the chief appraiser will count the votes, declare the results, and notify the winners, the nominees, and the presiding officers of each taxing unit. A tie vote will be resolved by a method of chance chosen by the chief appraiser. These procedures do not apply to Harris County, the City of Houston, or the Houston Independent School District. Those units will select their board member by adopting a resolution appointing such member by December 14, 2009, and delivering an original or certified copy to the Office of the Chief Appraiser. If you have questions about the board selection process, please call me at 713/957-5291. Attachments c: HCAD Board Members Tax Assessors Attorneys RESOLUTION NO. ~OOC) - I L..{ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 1- tL P De T L CASTING ITS BALLOT FOR THE ELECTION OF A PERSON TO THE BOARD OF DIRECTORS OF THE HARRIS COUNTY APPRAISAL DISTRICT WHEREAS, the chief appraiser of the Harris County Appraisal District, Harris County, Texas, has delivered to the mayor of this city, the names of those persons duly nominated as candidates to serve in that position on the board of directors of the Harris County Appraisal District, representing and to be filled by the cities other than the City of Houston, participating in said appraisal district; and WHEREAS, this city deems it appropriate and in the public interest to cast its vote for the candidate of its choice to fill such position; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ~pofJe Section 1. That the facts and recitations set forth in the preamble of this resolution be, and they are hereby, adopted, ratified, and confirmed. Section 2. That the City of ~fo (-rL , cast its vote, and it does hereby cast its vote, for LeA.. H-t?cJi..r fD /J.- , to fill the position on the board of directors of the Harris County Appraisal District, representing and to be filled by the cities, other than the City of Houston, participating in the appraisal district. Section 3. That the mayor be, and he or she is hereby, authorized and directed to deliver or cause to be delivered an executed or certified copy of this resolution to the chief appraiser of the Harris County Appraisal District no later than December 14,2009. PASSED AND APPROVED this C1-f1-daYOf !VO u . ,2009. ATTEST: ~ MMVv AA-{J City Secretary (For Use by Cities Other Than the City of Houston) CERTIFICATION OF BALLOT FOR BOARD OF DIRECTORS HARRIS COUNTY ApPRAISAL DISTRICT I, fY)ov({htL- b;) I C/+t- , certify that on the I~ day of JJO\J efl\~t( ,2009, the City Council of the City of 1--4 PO(r.e did by resolution cast its ballot for the following nominee to serve as a member of the Board of Directors of the Harris County Appraisal District. (Place an "X" in the square next to the candidate of your choice.) Ed Heathcott [v(" Chris Presley [ ] I further certify that a true and correct copy of the resolution casting such ballot is attached hereto. WITNESS MY HAND this q.JL.- day of AJ 0 Y f rr. r!J-e r , 2009. ATTEST: L/fYJM1j~ ~ City Secretary 10 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 11/09/09 Requested By: Kpnith Arlf'OX Department: Pgliclil Report: Resolution: Ordinance: X Budl!et Source of Funds: Account Number: Amount Budgeted: Amount Requested: Exhibits: (1) Alarm Ordinance showing Requested Changes (2) Alarm Ordinance for Signature (3) Power Point Presentation Budgeted Item: YES NO SUMMARY & RECOMMENDATION As discussed in a previous workshop, in 2008, officers of the La Porte Police Department responded to approximately 1800 alarm calls. Over 95% of these calls were subsequently determined to be false. It is estimated that responding to these false alarms costs the City of La Porte approximately $100,000 annually with little or no benefit to the community. Utilizing traditional false alarm reduction initiatives, such as violator mail notifications and repeat offender home visits, the Police Department has been able to reduce the number of false alarms occurring in the City of La Porte by 28% thus far in 2009. While significant progress has been made in this area, it is still estimated that officers ofthe La Porte Police Department will be required to respond to approximately 1170 false alarms by years end. In order to reduce this waste even further, ensuring that our Police Officers are able to focus more productively on proactive crime reduction and traffic safety duties, the Police Department is requesting that the City Council approve the revision of Municipal Ordinance No. 2003-2661 (Alarms) to provide for increased fee assessments, in accordance with State Law, relating to excessive numbers of repeat false alarms, standardized initial permit and renewal fees, enhanced call verification, and minimum alarm equipment standards and training. Action Reauired bv Council: Approve the revision of Municipal Ordinance No. 2003-2661 (Alarms) as requested. II /l1~ Date :?, I C1Cj ORDINANCE NO.J . AN ORDINANCE AMENDING CHAPTER 30, "EMERGENCY SERVICES", ARTICLE II, "ALARMS", OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED A SUM NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00), AND EACH DAY OF VIOLATION SHALL BE DEEMED A SEPARATE OFFENSE; PROVIDING FOR PUBLICATION OF THE CAPTION HEREOF; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Chapter 30, "EMERGENCY SERVICES", ARTICLE II, "Alarms", of the Code of Ordinances is hereby amended, and shall hereafter read as follows, to-wit: "Sec. 30-31. Definitions. The following words, terms, and phrases, when used in this chapter shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Alarm site means the specific property or area of the premises upon or within which an alarm system is or is to be installed. Alarm system means a fire alarm protective service or any electrical, mechanical or electronic device or assembly of equipment that emits, transmits, or relays a signal intended to summon or that would reasonably be expected to summon, by direct means, the aid of the police or fire department of the city. For purposes of this article, the following types of alarm systems are exempted: (l) An alarm system installed on a motor vehicle not used for a habitation at a permanent site. (2) An alarm system designed so that no notification is given to the police by direct means until after the occupants or an agent of the owner or lessee have inspected the alarm site and determined that there is physical evidence at the site showing that the alarm was the result of criminal activity or the kind for which the alarm system was designed to give notice and does so notify the police, if a person who is able to grant access to the alarm site remains at such site until police arrive whenever the police are notified after an alarm has been activated, and such person renders access and such other assistance as he is able to give and that is needed by the police to properly investigate the situation. (3) Any alarm system designed solely to detect or, give notice of fire or smoke. (4) An alarm system operated, owned or maintained by the United States government, the state, the city, or any county government or school district situated within the corporate limits of the city. Alarm system business means the business of any individual, partnership, corporation or other entity engaged in selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or installing any alarm system to be sold, leased, maintained, serviced, repaired, altered, replaced, moved or installed in or on any building, structure or facility. Alarm user means the person, firm, partnership, association, corporation, company or organization, structure, or facility or portion thereof wherein an alarm system is maintained. Applicant means the person who seeks to be the permit holder. Automatic dialing device means any device connected to an alarm system, which automatically sends a prerecorded message or coded signal indicating the activation ofthe alarm system to a pre-determined location. Burglar alarm system means any alarm system intended to prevent or detect an unauthorized entry or attempt thereof into the alarm site. Central station means that part of an alarm system business which intercepts signals indicating the activation of an alarm device and which relays this information by live voice to the city police department or fire department. Chief of police means the chief of the city police department and any employee(s) of the city police department assigned by the police chief to perform the duties prescribed by this chapter. City means the City of La Porte, Texas, including its various departments and divisions such as the police department and the fire department. City official means any employee or agent of the city who implements, inspects, or enforces all or a portion of this chapter. Disconnect means to render an alarm system disabled so as to prevent any direct or indirect notification to the police or fire department by silent or local alarm. Enhanced Call Verification (ECV) is a monitoring procedure requiring that a minimum of two calls be made prior to making an Alarm Dispatch Request. The two calls must be made to different phone numbers where a responsible party can typically be reached. Excused false alarm means activation of any alarm system caused by violent conditions of nature or other extraordinary circumstances. False alarm means any alarm which was not the result of an emergency or threat of emergency or threat of emergency of the kind for which the alarm system was designed to give notice where the alarm system activates a signal indicating to the police or fire department the system has been violated, thereby causing a response by the police or fire department when, in fact, a situation requiring a response does not exist. This definition does not include violent conditions of nature, nor does it include other extraordinary circumstances not reasonably subject to control by the alarm user. Fire alarm protective service means any service whereby any person provides and employs electronic or mechanical means to detect the presence of fire on any premises in the city, the report of which is then transmitted to or through the communication system of the fire department or which system is in any manner connected with the fire alarm communication system ofthe fire department. The term also means the activity of maintaining, servicing, repairing, altering, replacing, moving or installing in or on any building, place or premises any device designed or used for detection of fire. Fire chiefmeans the chief of the city fire department and any employee(s) of the city fire department assigned by the fire chief to perform the duties prescribed by this chapter. Holdup alarm system means any system designed to be activated to give notification of a robbery, attempted robbery, or summons police aid for any other perceived life-threatening reasons. Local alarm system means any alarm system emitting audible and/or visual signals in, at, or on the alarm site when activated and which causes notification to be made directly or indirectly to the city police department or city fire department. Permit means a certificate of authorization issued by the city to the applicant authorizing the operation of the alarm system(s) for which the permit is issued. Permit holder means the person to whom a city alarm system permit is issued. Telephone answering service means any business, other than an alarm system business which intercepts signals indicating the activation of an alarm system and relays this information by live voice to the city police department or city fire department. Thirty minute shutoffmeans an automatic device associated with an alarm system, which automatically causes the alarm to shut off and discontinue the emission of an audible signal after a period of time not to exceed 30 minutes of continuous operation. Sec. 30-32. Permit required; exceptions. (a) No person shall operate, cause to be operated, or allow the operation of an alarm system or local alarm system, unless a valid permit has been issued for that system or as otherwise allowed by law. However, this section shall not be applicable to an alarm system business which monitors, services, or monitors and services, an alarm system installed and designed to protect property under the control of a person other than the alarm system business; but the person in control of the property which the alarm system is designed to protect shall be subject to fee or prosecution ifhe permits the operation of such system without a valid permit. Any person who operates, causes to be operated, or allows the operation of an alarm system without a valid permit shall be subject to misdemeanor prosecution. (b) A response, if any, made by the police or fire department upon proper notification, by an alarm system business shall be subject to the policies and procedure of the police and/or fire department governing, but not limited to, the priorities for police or fire responses. (c) An applicant may apply for a separate permit for each alarm system, or may obtain a single permit for all alarm systems, on so much of one premises to which the person to whom a permit is to be issued has legal rights of ownership or possession, except that separate permits must be obtained to authorize the operation of both burglar and holdup alarm systems on anyone premises. (d) The issuance of a permit authorizing the use of an alarm system is not intended to nor shall it create a contract, either express or implied, creating a duty or guarantee of response. Any and all liability and consequential damages resulting from the failure to respond to a notification is hereby disclaimed and governmental immunity as provided by law is retained. (e) The city may refuse to issue a certificate of occupancy/change of occupancy if the premises to which such certificate relates has an alarm system that is not permitted pursuant to this chapter. Sec. 30-33. Application for permit. Application for a permit authorizing the operation of an alarm system shall be made by a person who has control over the property, such as a person who owns, lease, uses, resides at, or manages the property upon which the alarm system is installed, and should have an active water account with the city. Such application shall be made in writing to the city on a form designated by the city for that purpose or by completing the application on the City of La Porte website. The City of La Porte will have computers available at City Hall during normal hours of operation. On such application shall be set forth: (1) The name, address, telephone number(s), and driver's license number of the permit holder. (2) Copies of the assumed name registration, if any, and the names and addresses of all general partners if the permit holder is to be a partnership; or the corporate charter with the names, addresses of officers and registered agents or the certificate of authorization to do business from the Secretary of State if the permit holder is to be a corporation. (3) The street address of the property on which the alarm system is to be installed and operated. Including the particular suite or apartment number(s) if applicable. (4) Any business name used for the premises on which the alarm system is to be installed, and operated. (5) Whether the alarm system is a local alarm and whether it is designed to give notice of a burglary, robbery, or any other life-threatening emergency. (6) The name, address and telephone number of the alarm system business that has installed or will install the alarm system. (7) The names and local telephone numbers of two persons, or the name and local telephone number ofan alarm system business which are able to and have agreed to: a. Receive notification at any time; b. Come to the alarm site within one hour after receiving a request form a city official to do so; and c. Grant access to the alarm site and to deactivate the alarm system if such becomes necessary; or; the name and locate telephone number of an alarm system business which is able and has agreed to receive calls at any time and to give the city the names of persons listed with that company as set out below if: The permit holder has given the alarm system business the names and local telephone numbers of two persons who are able and have agreed to receive notification at any time; to come to the alarm site within one hour after receiving a request from a city official to do so; and to grant access to the alarm site and to deactivate the alarm system ifnecessary; and The permit holder has authorized the alarm system business to provide the names listed with that business pursuant to this section to a city official whenever such official has requested that information in order to obtain assistance after an alarm has been activated. (8) Any application for a permit shall demonstrate compliance with all provisions ofthe La Porte City Code and that all charges owed to the city have been paid. (9) If an individual residence or apartment, the names ofthe other residents over the age of 18. Such application shall be signed by the applicant acknowledging he has read the application, affirming the correctness and accuracy of the information given on the application and authorizing the release to the city of information. The city shall issue a permit upon receipt of the application, payment of fee and upon determining compliance with the provisions of this chapter. Sec. 30-34. Amendments to application. Whenever a person or company listed on the application or listed on an amendment to the application is unable or unwilling to perform their respective duties as set forth in this chapter, the permit holder shall use the website or amendment form to file an amendment to the permit application listing a person or company who is able and will perform those duties so that at all times the application on file with the city is correct. Sec. 30-35. Confidentiality. To the extent allowed by law, the city shall treat all information on the application for a permit as confidential; provided, however, nothing in this chapter shall prohibit the use of such information for legitimate purposes relating to the health, safety, and well-being of the community and for enforcement of the terms and provisions of this chapter. Sec. 30-36. Permit term; renewal. (a) Each permit issued pursuant to this article shall be valid from date of issuance for one year. The permit fee shall be in the amount of$35.00. If the permit holder relinquishes control of the alarm site before the expiration of the term of permit, then the permit extinguishes on the date of relinquishment. (b) Each year upon expiration an alarm permit may be renewed by payment of$35.00 permit fee. Sec. 30-37. Nontransferable. Each permit issued shall be valid only for the premises and person(s) permitted and is not transferable to another person or other premises. Upon transfer from the permit holder of control over the premises to which the permit relates, a new permit must be applied for according to this chapter. Sec. 30-38. Duties of permit holder. (a) The permit holder shall ensure that he or any person listed with the city for purposes of notification pursuant to the provisions of this chapter is able to: (1) Receive notification at any time; (2) Come to the alarm site within one hour after receiving a request form the city to do so to assist the city with respect to the premises and the alarm system at such premise; and (3) Grant access to the alarm site and to deactivate the alarm system if such becomes necessary. (b) The permit holder shall train all persons who may activate or deactivate the alarm system in the proper operation of the alarm system. (c) The permit holder will be responsible for all fees associated with the permit or the operation of the alarm system. Sec. 30-39. Duty of person notified by police department to provide access to premises, render assistance. Any person or company listed with the city for purposes of notification who is notified by a city official of the activation of an alarm system pursuant to the provisions of this chapter and who is able to give access to the alarm site shall come to the alarm site within one hour of the time such person or company is notified of such activation and shall provide the city official any necessary access or assistance. Sec. 30-40. Repairing of alarm system. (a) The permit holder shall ensure that the alarm system is repaired within 72 hours of the time notification is made from the city that such system is malfunctioning or causing potential excessive alarms; or (b) Alternatively, the permit holder may cause such alarm system to be deactivated rather than having such system repaired upon notification from the city that such system is malfunctioning or causing potential excessive alarms. If the permit holder does deactivate such alarm system he shall so notify the city and such system shall not be reactivated until it has been repaired. Sec. 30-41. Operation of alarm system. No person shall install, cause to be installed or permit to be installed an alarm system unless the following requirements are met: (I) An alarm system which may be activated as a result of different types of emergency situations shall give a silent signal, if so equipped, that is unique to designate activation as a result of a holdup, a burglary, a fire, or any other different type of emergency situation so that the proper notification and proper response can be made; otherwise, (2) An alarm system designed to emit an audible signal or sound intended to be heard from the exterior of the alarm site shall have a 30-minute shutoff from the time of activation and must not sound similar to that of siren, an emergency vehicle, or a civil defense warning system. (3) No holdup alarm shall include any device which can cause activation inadvertently; and any holdup alarm shall be designed so that it may be activated only by intentional and deliberate human action; (4) No person shall use or permit the use of any telephone device or telephone attachment which automatically selects any telephone line leading into the communication center of the city police department or city fire department or any number leading into the offices of the city and then transmits any pre-recorded message or signal; (5) No person shall use or permit the use of any system which gives notification of the activation of the alarm system directly to the city police department, city fire department or other offices of the city by any means other than live human voice; (6) The chief of police and the fire chief may set reasonable standards and procedures to be followed by any alarm system business or telephone answering service when giving notice to their respective department of activation of an alarm system. Such standards and procedures shall be set out in writing and made available to any person requesting same. Sec. 30-42. Determination of false alarm; rebuttable presumption. For the purpose of this article, there is a rebuttal presumption that the following determinations made by the chief of police or by the police department officer on the scene of the premises reporting an alarm signal are correct: (1) There is no evidence of a crime or other activity that would warrant a call for immediate police or fire assistance at the premises; (2) No individual who was on or near the premises or who has viewed a video communication from the premises called for a police or fire department dispatcher verified a need for an immediate emergency response; and (3) There is no evidence that violent conditions of nature or other extraordinary circumstances caused the activation of the alarm. Sec. 30-43. False activation prohibited; exceptions. No person shall knowingly, intentionally or with reckless disregard activate an alarm system for any purpose other than an emergency or threat of emergency of the kind for which the alarm system was designed to give notice; provided, however, it shall be an affirmative defense to prosecution under this section that the alarm system was activated solely for the purpose of testing the system and the person who tested the alarm system took reasonable precautions to void any request being made to the city to respond to such alarm. This section shall not apply to conduct which is in violation of section 42.06 of the Texas Penal Code, as presently enacted and as may be subsequently amended. Sec. 30-44. Service fees for permit and city response to an alarm. The city may charge service fees for its permits and responses to false alarms in accordance with this chapter. Except as may be hereinafter set forth, service fees for issuance of permits, false alarms and any other charges and penalties arising pursuant to this chapter shall be in such amounts as may be established in this chapter and as may, from time to time, be adopted by resolution of the city council of the City of La Porte. Delinquent service fees may be billed to the permit holder by including service fee on permit holder's water bill notification form. With respect to alarm systems, no penalty or service fee for signaling of a false alarm by an alarm system shall be made unless at least three other false alarms have occurred during the preceding 12 months. The service fee may be assessed against the owners, occupants or person in control of the premises where the alarm system is located. The amount assessed for a false alarm of an alarm system after three previous false alarms will be $50.00 for the fourth and fifth false alarm, $75.00 for the sixth and seventh false alarm, and $100.00 per response thereafter. The permit holder may take an on-line false alarm awareness training course in lieu of a service fee once every twelve months. The permit holder may file a request for hearing with the city director of finance to dispute the service fee within ten days of receipt of a notification of service fee. The city acknowledges that newly installed alarm systems may incur false alarms during installation and adjustment period, therefore false alarms made or caused as a result of installation or adjustment during a period often days from initial installation or permit date, will not be charged against the permit holder as false alarms for the purpose of service fees as set forth in this article. For purposes of calculating the service fees set out in this chapter an alarm system shall mean and include all alarm systems operated under one permit. A reinstated permit as provided for elsewhere in this chapter shall retain its original issuance date for the purposes of the commencement of the "twelve-month period" when assessing service fees under this chapter, and shall not have any excusable false alarm responses available in addition to those already used during that period for an alarm system. Following the reinstatement, responses made prior to the date of revocation but not part of the basis for the revocation shall be included in computations, however, responses from the date of revocation through the date of reinstatement shall be chargeable, such charges must be paid before reinstatement becomes effective. Reinstatement of the permit shall be the only means of restoration of the lawful use of the alarm system hereunder after the permit has been revoked, provided however, that a new permit must be applied for and issued before operation of the alarm system if the ownership or possessor rights to the alarm site have changed since the most recent application or amendment thereof. Sec. 30-45. Refusal to permit and revocation. (a) The city may refuse to permit or revoke a permit for an alarm system for the following reasons: (1) The applicant or permit holder has failed to make payment in full to the city of any service fees assessed pursuant to this chapter within 60 days of the date the city has made notification of service fees owed by way of the permit holders water bill notice or other means. (2) The alarm system ofthe applicant or permit holder has or is of the type that has had a history ofunreliability. For purposes of this chapter, an alarm system shall be presumed to be unreliable ifthe applicant or permit holder accrues more than eight false alarms during a twelve month period, excluding any false alarms which may have formed the basis for a prior revocation during that same twelve month period. In the event a permit is issued or reinstated despite such presumption of unreliability, revocation shall occur if the permit holder accrues more than three false alarms from the date of reinstatement. (3) The city chief of police and or the city fire chief may establish additional standards to determine reliability or unreliability of alarm systems as may be needed. (b) Procedure. Refusal to permit or revocation. (I) There shall be no refusal, termination, revocation or failure to renew a permit for an alarm system except as set forth herein. The city shall give at least thirty days notice prior to revoking, failing to renew or otherwise terminating a permit during which time a request for a hearing may be made. With respect to an application for a permit which the city refuses to permit, the applicant shall be given at least 30 days within which to request a hearing regarding such determination by the city to refuse to permit. The notice of refusal to permit or notice of revocation shall specify the reason therefore. If a hearing is requested, the permit holder or applicant shall be advised as to the date, time and place of such hearing. The hearing shall be before the city director of finance or designee. The permit holder or applicant may appear in person or be represented by counsel, may present testimony and may cross-examine all witnesses. (c) All hearings shall be conducted under rules consistent with the nature of the proceedings, provided that the following rules shall apply to such hearings: (1) All parties shall have the right to representation by a licensed attorney although an attorney is not required; (2) Each party may present witnesses in their own behalf; (3) Each party has the right to cross-examine all witnesses; (4) All the evidence presented before the hearing officer at such hearing may be considered in a final report; and (5) The city director of finance or designee may adjust the amount of any service fees owed upon a showing of good cause by the applicant or permit holder. (d) If the permit holder or applicant fails to appear at the hearing at the date, time and place specified, the city shall present sufficient evidence to establish a prima facie case showing that grounds existed for the revocation or refusal to permit as provided for in this chapter. (e) If the city director of finance or designee finds that no grounds exist for reinstatement of the permit or issuance of the permit for the alarm system, he shall refuse to reinstate or to issue such permit and shall give written notice to the permit holder or applicant of such finding. Upon receipt of such notice the permit holder or applicant shall disconnect such alarm system immediately and shall surrender his permit, if any, to the city. (f) If the city director of finance or designee finds that there are insufficient grounds for revoking or for denying issuance of a permit for an alarm system exist, he shall give written notice of such finding to the permit holder or applicant. (g) Reinstatement. (1) A permit can be reinstated if the revoked permit holder has failed to request a hearing within the specified time for filing an application for reinstatement, pays the application fee which is the same as that for a new permit application, and shows: a. That the cause of the chargeable false alarms has been corrected; and b. The service fees assessed have been paid. (2) If a permit holder has had a permit revoked twice during the term of that permit, that person must wait a period of one year from the date of the second revocation or, if one has been requested, the date of the denial issued pursuant to a reinstatement hearing before applying for a new permit of that alarm site. (3) If a reinstated permit is denied pursuant to this section, a hearing may be requested if received in writing within ten working days of the date of notice of denial. Sec. 30-46. Operation of central stations or answering service. Any alarm systems business, which operates a central station, and any telephone answering service shall: (1) Responding to alarm. Utilize an Enhanced Call Verification system prior to notifying police and have sufficient personnel trained in the procedures to be followed in receiving and relaying notice ofthe activation of any alarm system on duty at all times to ensure that emergency messages or alarm signals received by such business can be relayed immediately to the city. Notification to the city of the activation of an alarm system shall include: a. The street address of the alarm site, including the particular suite or apartment number, if applicable; b. The name of the permit holder and the permit number; c. The type of alarm activated; and d. The name( s) and local telephone number( s) of the person( s) to notify, if so authorized by the permit holder. (2) Notification. Notify the person in control of the property or his designee of the activation of the alarm system within 24 hours of the time the alarm was activated not to include weekends and holidays, by telephone or by placing written notice in the mail, addressed to the person in control of the premises. (3) Records. Keep a written record of the date and time each notification of the activation of an alarm system is received and the date, time, and method by which the person in control of the property was notified. Such records shall be retained for at least two years and shall be made available for inspection by the city during regular business hours. (4) Periodic testingfor correction of defects. Test or cause to be tested all equipment used by the central station or telephone answering service to the receipt of notifications of the activation of any alarm system and the equipment used in relaying those notifications of the activation of any alarm system and the equipment used in relaying those notifications to the city at least one time in every 12-month period and, where a test result is unsatisfactory, correct or cause to be corrected within a reasonable period time not to exceed seven days from the date of testing the cause of the unsatisfactory test result; (5) Evidence of test results. Produce evidence of the results of tests conducted pursuant to this section upon request of the city. The requirements of this section shall be satisfied if such results are made available at the central station or telephone answering service on the next regular business day after request is made; and (6) Providing service licensed businesses only. Not provide answering service for any alarm system business, which is not licensed by the State of Texas. A violation under this subsection shall only be enforceable according to state law and the remedies, policies and procedures provided for therein. Sec. 30-47. Compliance with article 4413(29bb). All persons subject to the provision of the Private Investigators and Private Security Agencies Act of the State of Texas article 4413(29bb), Texas Civil Statutes Annotated, are required to comply with all provisions of that act, as presently enacted and may be subsequently amended. Sec. 30-48. Misdemeanor violation. Any person who violates any provision of this article, or who causes, allows, or permits another to violate any provision of this article shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed $500.00. Each day such violation shall be permitted to exist shall constitute a separate offense. The owner, occupant, or resident of the premise or part thereof where anything in violation of this article shall be placed or shall exist, or any lessee, tenant, employee, agent, or corporation employed in connection therewith who may have assisted in the commission of such violation shall be guilty of a separate offense and, upon conviction shall be subject to the penalties stated above." Section 2. In the event any clause, phrase, provision, sentence, or part of this ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this article as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of La Porte, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code, and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage ofthis Ordinance by causing the caption hereofto be published in the official newspaper of the City of La Porte at least once within ten (10) days after the passage of this Ordinance. PASSED AND APPROVED, this {)/JJdaYOf /VoVem13I(2009. CITY OF LA PORTE B ATTEST: ~~vL~a.~ Marth~ A. Gillett City Secretary APPROVED: ~r/1~ Clark T. Askins Assistant City Attorney + t.fi 0 0 0 0 0 .0 0 0 0 0 . M 0 0 0 0 + 0 0 '{/} 0 0 CO M M M M '(/). '{/} o:::t '{/} '{/} 0 0 0 0 0 0 0 0 0 0 Ln t.fi N 0 Ln Wi .... ,...... r--. '{/} t.fi ,...... r--. '(/). '{/} '{/} -U'). '{/} CD M + Lf) 0 0 0 0 0 0 0 0 0 0 0 0 M 0 0 It) LJ) t.fi '{/} LJ) t.fi . "lII' '(/). '{/} -U'). '{/} N 0 0 0 0 0 - 0 0 0 0 0 ~ Ln 0 0 0 0 'U c M o:::t '{/} 0 Lf) ~ '(/). M M '{/} C '{/} -U'). u:: 0 0 0 0 0 0 0 0 0 0 0 0 . - Ln 0 0 0 0 0 ~ .~ M r--. o:::t '{/} LJ) Lf) '(/). '{/} M -U'). i.I). GI i.I). E E 0 u 0 0 0 0 0 0 1i 0 0 0 0 0 0 ;: Ln 0 0 0 0 Lf) c M M LJ) '{/} -U'). N GI '(/). 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['J . ,::,C_~_ oco::J-@...... t'1 0- c:: to .sa ::::::: ;L. cv .... ~l3~e~ <lJr:--e:i; ::::: E 1.... 0 :g S.!S!~~..c: ;::ii.1O.r.:lo.;;.U 12 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: November 9. 2009 Bude:et Requested By: Tim Tietjens Source of Funds: GEN 957 Department: Planning Account Number:015-9892-957-1100 Report: Resolution: Ordinance: Amount Budgeted: $1,000,000 Exhibits: Proposal to perform engineering design, bidding and construction services Amount Requested: $56,625.00 Budgeted Item: YES Exhibits: Map of proposed detention ponds Exhibits SUMMARY & RECOMMENDATION The City Wide Master Drainage Plan recommends implementing structural solutions such as storm water detention for subdivisions with numerous homes containing repetitive flood losses. Klotz Associates has been previously selected to perform a detailed analysis of the Bl12-00 and Bl12-02 channels that drain the Brookglen area and to address region wide solutions. As a result of that analysis, it was found that a detention strategy could effectively reduce flooding in that area in two tracts owned by the City of LaPorte and one currently with multiple ownerships. The attached proposal and agreement with Klotz Associates would allow the design, bidding and construction services for two detention systems. Additional detention in the area may considered for future phases ofthis plan should it become available. The detention systems would be designed and developed to maximize multiple-use potential. The cost of the Proposal is as follows: Design Services - Lump Sum $31,525.00 Bid and Construction Phase Services Alternate A-Hourly not to exceed with surveying $25,100.00 OR Alternate B-Hourly not to exceed without surveying $13,600.00 Total maximum $56,625.00 Action Required bv Council: uth rize the City Manager to execute~n agreement with Klotz Associates to perform design, bidding and c nstruction services for Brookglen Detention for a total cost not to exceed $ 56,625.00 lilt! /0., Date k lot z _~~ ass 0 cia t e 5 November 12, 2009 1160 Dairy /\shford, Suite 500 Houslon, Texas 77079 T 281 589.7257 F 231 5897309 houston .officeCc:)klotz .com Mr. Ron Bottoms City Manager City of La Porte 604 West Fairmont Parkway La Porte, Texas 77571 Re: Proposal for 3 Detention Pond Designs for B 112 Channel Relief Klotz Associates Project 0127 Dear Mr. Bottoms: Klotz Associates is pleased to submit this proposal for prufessional engineering servict:s for drainage analysis, fmal design and limited construction phase services of three proposed detention basins for the City of La Porte, Texas. BACKGROUND Klotz Associates developed this Scope of Services in reference to a document entitled "Diversion of HCFCD Unit B t 12-02-00 to Unit B 109-03-00", dated August 7, 2009. This document investigated the possible channel diversion to Willow Springs Bayou HCFCD Unit 8112-02-00 from Willow Springs Bayou (HCFCD U11it Bl12-00-00) to drain into Spring Gully (HCFCD Unit B 1 09-03-00). The document determined drainage benefits for Brookglen subdivision based on channel improvements, detention options, and mitigation needed for increases in flows along B 1 09- 00-00. The report documents historical infonnation on studies and improvements performed in tht: area by the HCFCD and options for proposed improvements with a phased approach, including preliminary construction estimates. It also provides planning level recommendations for projects. The City authorized this work July 14,2009, in accordance with our proposal dated July 2, 2009. ! he report recommends a phased approach to implementing channel improvements, detention, and mitigation of downstream impacts in cooperation with the HCFCD. A meeting was held between the City, HCFCD, and Klotz Associates on September 2, 2009 to submit the report, discuss potential improvements outlined in the report, and verify feasibility of these improvements and potential partnership opportunities between thl;; City and HCFCD. The City's ultimate project may include design and construction of channel improvements, detention, and drainage structures. Prior to these improvements, detailed hydrologic and hydraulic analyses of the Armand Bayou (Bl 00-00-00) watershed will need to be performed k lot z .~~ ass 0 cia t e 5 Mr. Ron Bottoms November 12,2009 Page 2 of5 to determine dO\vnstream impacts. This specific proposal outlines the efforts needed to address only the detention portion of the ultimate effort. UNDERSTANDING OF THE PRO~~I This proposal is for design of the three detention basins labeled in the referenced document as: "Dl" - North of B I 12-02-00 on property acquired by HCFCD through the FEMA buyout program:'D2" North ofB 112-02-00 on City-owned property and "Dr - Located along the east side of B 112-00-00 and south of B 112 -02 -00. The detention basin options were separated out as projects the City can move forward independent of the HCFCD. Therefore, these locations were identified as the first phase of the project which provides reductions in water surface elevations for both B 112-00-00 and BI12-02-00. The remainder of the improvements outlined as part of the ultimate solution will be subsequently addressed. SCOPE OF SERVICES lhe following are assumed for this project: 1.) An inter-local agreement will be developed outlining the o\vnership and/or maintenance positions. 2.) Buyouts for location of detention basin DI will be settled. 3.) Detention basins D2 and D3 will be constructed first, owned and maintained by the City. 4.) The City will provide infomlation all existing utilities in the area and the engineering for re-Iocation/adjustments, if needed, will be provided by Klotz Associates. 5.) Coordination with HCFCD will be included in this package. The following services will be performed by Klotz Associates in association with tht: project and are considered part of the basic scope. Preliminary Engineering Design 1. Development of proposed alternatives for detention basin operation. 2. Analysis of existing conditions for three detention site locations, including drainage areas, storm sewers, land uses, development and existing models. J. Analysis of contributing areas, inflows. storm sewer analysis, inflows. and outflows. 4. Analysis of preliminary design for proposed conditions including vertical and horizontal geometry, layout, storage volume, stage-storage relationships, detention summary, design storm sewer improvements and detention outfall. Design to optimize detention for 10-, 25-, and 1 DO-year storm frequencies. 5. Coordination with the City of La Porte on excavated soil disposal plans. 6, Identify downstream impacts, if any; mitigation is not part of this proposal. 7. Preparation of a construction cost estimate. k lot z 4~. ass 0 cia t e 5 Mr. Ron Bottoms November 12,2009 Page 3 of 5 8. Submit appropriate documt:nts to the City, County and HCFCD for their review and action. Participation in I meeting with each entity as required. Design Phase Services I. Work with the City to determine a disposal plan for excavated soil. 2. Coordinate with the City staff on design issues and project progress. 3. Coordinate with surveyor to obtain topographic survey. The surveyor will contract directly with Klotz Associates, lnc. 4. Obtain maps from private utilities and review available records to identi fy existing utilities power lines, gas lines, and communication facilities in the existing right-01'-way. 5. Design any identified utility relocations in accordance with City standards. 6. Prepare construction plans showing the detention ponds and outfall connections. Two (2) sets of full-size plans will be submitted for review at 50%, 90% and final completion. Full-size mylar plans will be delivered when the design is complete. The drawings will be prepared in AutoCAD Civil 3D. 7. Prepare cost estimaks for review at the 50%,90% and final submittals. 8. Prepare a project manual using the Engineers Joint Council Documents Committee (EJCDC) front-end documents and Klotz Associates standards for the remaining sections, with the City's Supplemental Conditions. 9. Review the plans, project manual and cost estimate with City staff to obtain comments. 10. Address comments and prepare final bid documents including construction plans and project manual. II. Submit plans and project manual to utility companies to obtain approval. 12. Obtain utility signatures as required. ]3. Attend up to 2 staff coordination and 2 City Council Meetings as needed. The following services will be performed by Klotz Associates in association with the pr~ject and are c0nsidered additional services. These services will be based on hourly. not to exceed, budget. Bid Phase Services 1. Provide a notice to bidders for use by the City in advertising the project in the newspaper. (We assume the City will initiate and pay for the advertisement.) 2. Send copies of bid document to local bid information services (up to 3 copies). 3. Maintain a bidders list. Tht: scope includes printing and distribution of bid sets (including reproduction expenses). Bidders are responsible for pick up and delivery of bid sets as directed by the City. 4. Participate in the pre-bid conference for prospective bidders. k lot z 4~) ass 0 cia t e 5 .\111'. Ron Bottoms November l2, 2009 Page 401'5 5. Answer questions of bidders and suppliers during the bid preparation period. 6. Issue addenda to confirm information furnished at pre-bid conference and to answer questions raised by prospective bidders during the bid preparation. 7, A trend bid opening conference to receive bids and qualifications of bidders, 8. Check bids for errors and responsiveness and tabulate results. 9. Review information on the qualifications of the apparent low' bidder. 10. Issue a recommendation for aw'ard. 11. Conform documents for construction. 12. Send contract documents to contractor and the Owner for signatures. Construction Phase Services (Based on a 6-month Construction Contract) 1. Plan, prepare agenda, and conduct a pre-construction conference. 2. Issue Notice to Proceed to Contractor. 3. Receive and act 011 contractor shop drawings and materials submittals. Subject documents will be reviewed for compliance with the contract documents. This task incI udes logging, di:;tributing. reviewing, and approving/disapproving subject documents. 4. Receive and act on contractor"s Requests for Information (RFls) after conferring with the City. ). Review and make recommendations on Contractor's application for payments. 6. Klotz will provide weekly site reviews and the City \vill pn1vide daily on-site inspections, 7. Participate in substantial and final inspections and issue reports including punch list items to be addressed by the Contractor, 8. Prepare record drawings from redlined plans provided by the Contractor. It is anticipated the City will provide: I. Record infOlmation on City owned facilities, plats, rigbt-of-vvay, and utilities 2. Geotechnical ,md environmental services; if needed, they will be contracted directly with the City. TERMS Klotz Associates proposes to perform the engineering services described above in the basic scope on a lump sum baSIS in accordance with the terms of our standard engineering services letter agreement. Engineering services described above as part of additional services will be based on an hourly not-to-exceed basis. Two signed originals are enclosed k lot z 4~. ass 0 C I ate s Mr. Ron Bottoms November 12. 2009 Page 5 of5 BUDGET AND FEES The project will include tasks as outlined in the Scope of Services. The estimated fee for each phase is itemized in the attached spreadsheet. The proposed lump sum fee for the design effort on this project is $31,525. Expenses, follow-up services such as bid phase and construction phase services \',.-ill be handled on an hourly, not to exceed basis and are estimated to be $13,600. Surveying services will be invoiced on actual cost plus 10% and is budgeted at $11,500. Our budget estimate for the design and these ancillary services is $56,625.00. SCHEDULE We propose to complete these services in accordance with the attached schedule, which outlines a project completion delivery date of March 15,2010. CLOSING Klotz Associates appreciates the opportunity to work with the City on this important project. If this proposal meets with your approval, please sign the enclosed agreement and return one original to Klotz Associates to serve as our notice to proceed. We are prepared to proceed immediately. Please du not hesitate to contact Cynthia Kelsch, P.E. or me should you have questions or comments regarding this proposal. Sincerely, ~./---) / -Yl--. (/t'''i?nV'~ Tom Ramsey, P.EI Senior Vice Presidellt I1oul"ly [stimatc Il<tcntion rond lIesi~Il' [OJ' Bl 12-I}I}-1}1} Channel Rdicf CHy ofl.IIPorte Klotz Associates Pro.icc.:t ~r)\'cmber 12. 2009 Subtask DC'$t:d(ltions '0. F:-tim"tcd E~jll'ns{'s Bid "h~se S~n:in's . :'IT[ Llmill."d C(JII.<;tr'u~litlll PhOlse S~ni('"s NTl:: Fi{'ltJ Sun:('}ing Budit'l Tutal Projt'ct Budget S 56.625 ?ERSOr-.Nl:l. Pncipal Pr(llcct Ma..1:'~r Pn~.l1;:rf En~lnccr E If-,inr....r Iksl~n.:r ClcriC,ll T,)Ll] Llbo! enst i(,ur~ RaIl;" Ccsl 70 [:~J .;\<;5 ~& .1).00 4,QQ:, 5(' 3U.CO ~.il)(' <I) .10.010 ,un:') (] \?U() I' on 780 ~ I b,(l~ 5 r-m__-~.----:~htask Oeseri ltions :DeslCn Phase Services _~ ~I\nlil"'zc rcceivin:.! s.tream ~valuate al!Cmativcs and benefits linalil.c la"';;! and inf10w/outfaiGizin;;---' lJevelo backo.uound drwe, from ,urve^ Dcsi)l.n la\ou\ and ~cometTic5 of-;;;d Pror()scd plan! ;trofile sheets Details, cross sections, !Icncral notes Estimates, s -.eeifications, const dOC\lments Site vists!QC pro,~anagernenl/\1onthl~- Schedule Detention l'ond Designs for B112-00-00 Cbannel Relief City of La Porte Klotz Associates Project November 12,2009 March 1st Half 2nd Half Januar 1st Half 2nd Half February 1st Half 2nd Half k lot z 4~. ass 0 cia t e 5 LErTER Of' AGREEMENT FOR CONSULTING SERVICES This Agreement is made and entered into thi,^ day of fJDV. . 20lL'1 by and between Klotz Associates, Inc. of Harris County, Texas (hereinafter called the "Engineer"), and CITY OF LAPORTE (hereinafter called the 'Client") That whereas the Client has requested services of the Engineer in relatiun to: DESIGN OF J DETENTION PONDS FOR CHANNEL 8112 RELIEF Kl,OTZ ASSOCI A TES PROJECT NO. 0127.012.000 (SEE ATTACHED PROPOSAL LETTER DATED NOVEMBER 12..2(09) (herein called the 'Project"). NOW, THEREFORE, the CLIENT and the ENGINEER, in consideration ofthe mutual covenants hereinafter set forth, agree as follows: Upon receipt of the executed copy of this Agreement, the Engineer will perform services to provide the Client with the data, information or opinion requested, proceed with the work as expeditiously as practical, inform the Client of any delays and provide the Client with a minimum of two copies of the final product or findings. The Client will place at the Engineer's disposal all available information pertinent to the Project including previous reports and any other relative data and will arrange for and provide access to the Engineer, without liability of any nature to the Engineer except for Engineer's own negligence, to enter upon public and private lands as required for the Engineer to perfonn his work under this Agreement. Payments for services .If the Engineer will be based on a fixed price of Thirty One Thousand five Hundred Twenty Five Dollars ($31,525.00) Expenses, follow up services such as bid phase and construction phase services will be handles on an hourly, not to exceed basis and are estimated to be Thirteen Thousand Six Hundred Dollars ($13.600.00). Surve)'ing services will be invoiced on actual cost plus 10% and is budgeted at Eleven Thousand Five Hundred Dollars (11,5.00.00). Our budget estimate for the design and these ancillary services is Fifty Six Thousand Six Hundred Twenty Five Dollars ($56,625.00). Invoices will be submitted monthly and will reflect the percentage of the project completed at the date of the invoice. Reimbursable expenses shall mean the Engineer's actual expense of transportation and subsistence of principals, employees and consultants when traveling in connection with the Project, consultant's fees, field office expenses, toll telephone calls and telegrams, reproduction of reports, drawings and similar Project related items. Payment<. for services. additional services and reimbursable expenses shall be made by the Client within thirty (30) days after receipt of Engineer's invoice. All moneys not paid the Engineer when due, hereunder shall bear interest at 1.5% per month. calculated daily, on the unpaid balance. Termination of this Agreement prior to completion must be made in writing and may be made by either party. If this Agreement is tenninated at any time by either party, the Engineer shall be paid for services actually performed. Client hereby agrees that Engineer's total liability to Client for injuries, claims, losses, expenses, or damages arising out of or related to the Project or this Agreement shall not exceed the total compensation received by Engineer under this agreement. Client further agrees that Engineer shall not be liable for any injuries, claims, losses, expenses, or damages, except to the extent of Engineer's own negligence or wiJIful misconduct. All documents, including original drawings, estimates, specifications, field notes and data are and shall remain the property of the Engineer as ins ents of service. The Client may obtain a set of reproducibles. eement represents the entire agreement between Klotz Associates, Inc. and the Client and may be amended only by written instrument y both parties. This Agreement shall be governed by the laws of the State of Texas. Name II/I. L~ "1 ENGINEER: ~otz Associates, IDe. /f? ~C--Y ~ Name: Tom S. Rams ,P.E. Title: Senior Vice esident e Date Rev 06/07 13 . " CITY COUNCIL DRAINAGE REPORT NOVEMBER 9,2009 Klotz Design and Contract Construction . Design of Sheet Flow Relief Structure Improvements to Creekmont, Fairmont Park West, Brookglen and Fairmont Park East. Design is 95% complete. Staff is currently reviewing plans and identifying needed easements for construction. Affected property owners have been notified by letter of the easement requests, and need for acquisition. Impact Analysis for Sheet Flow Relief Structures has been submitted to HCFCD. Survey of required easements is underway. Individual, on-site meetings were held with owners of easements along proposed sheet flow paths to advise them of upcoming construction and to hear their concerns. Secondary meetings being scheduled for certain property owners. Order of construction priority determined and mapped. Valleybrook and Creekmont designs are underway and should be received by Nov. 1. Thereafter, easements will be requested. . Drainage Study of Brookglen. Held teleconference with HCFCD. Determined three phased approach was used for 2009 SRL program. Awaiting list of all homes included. City provided recommendations to HCFCD regarding priority properties, based upon slab elevations and neighborhood integrity while taking into account effect of proposed improvements. Received proposal for final design and phased construction services of two proposed detention facilities and received pricing on potential third facility. Consultant will produce preliminary engineering reports and models based upon associated channel improvements proposed, will design detention systems with appropriate alternates and obtain approvals and will conduct bid and construction phase services. · Fairmont Park East - Fleetwood Drive. Completed the existing conditions XP- SWMM model and the proposed. The modeling of the proposed condition for the 25 year storm reveals a significant reduction in the water surface elevation for the residential side streets. Preparing a draft of the impact analysis for submittal to HCFCD. Continuing effort on the preliminary design of the Fleetwood Dr vertical profile. The geotechnical consultant (A viles) has completed the field borings and began lab analysis. Slab elevation surveying by consultant in Fairmont East has begun and is being phased with areas containing lowest slabs first. Estimated completion November 15. .,' In-House Design and Construction of City-initiated Projects. . South La Porte Bay Outfalls. Drainage area mapped and potential outfalls identified along South Broadway south of Fairmont Parkway. Oakhurst Street selected as the initial project due to available ROW, central location and the shortest avenue to the Bay. Design is 100% complete. The City has received word that this project is grant- eligible (CDBG). The plans and specs have been furnished to Harris County for implementation. Staff met with the TxDOT area Engineer to discuss regrading of South Broadway to drain to the proposed Oakhurst outfall. TxDOT agreed to survey the entire area and determine how much can be diverted to this new outfall. . South La Porte Drainage Maintenance Plan. The subdivisions along and east of South Broadway south of Fairmont Parkway will be surveyed and mapped, necessary improvements designed and constructed. This is an ongoing effort and will begin upon completion of South La Porte Bay Outfalls. In-House Drainage Maintenance Activities. . Bay Colonv. Engineering has completed design - under review by Public Works. Review shows several areas of concern, especially with extensive driveway and landscape replacement. The design is being examined to determine if a less expensive and less disruptive solution can be found. While this examination is underway, small in-fill projects are being completed. Expect to begin construction in December. . North and South Shady Lane. Upon completion of Creekmont Park Project, personnel will proceed to North and South Shady River to re-inspect culverts and open gravity drainage systems for debris from residents in the process of restoring homes. The open ditch gravity system flow lines will be reestablished as necessary. . Lobit/PHA Pre-check Facility. Staff met with PHA to discuss drainage obstructed by construction of sound wall on the south side of the Barbour's Cut Pre-check Facility. Further meetings were held with POH and Morgan's Point staff concerning the possibility redirecting storm water from this area to East Main, eventually outfalling into Bob's Gully in Morgan's Point. Because this involves Harris County, a meeting has been scheduled with all parties to discuss. · In-Fill Drainage. Cleaned ditches on Roscoe and S. Carroll and installed two (2) road crossings to alleviate flooding of area garages. Installed one (1) road crossing on South 5th to eliminate a recurring flooding problem. Installed one (1) road crossing on South 14th at West B to eliminate a recurring flooding problem. . Total draina2e maintenance completed in AU2ust . Cleaning of Ditches . Resetting culverts . Inlet installation/repairs . Culvert Maintenance/cleaning 780 LF 579 LF 15 Ea 332 LF Routine maintenance of drainage systems throughout the city continues. These activities include ongoing drainage maintenance activities to reestablish flow lines and cleaning culverts, inspection and cleaning of existing underground storm sewer systems. ~ 17 SETTLEMENT AGREEMENT This Settlement Agreement (the "Agreement") is made and entered into as of December 31, 2009, (the "Effective Date"), by and between: (i) the City of La Porte, Texas, ("La Porte"), a municipal corporation, and, (ii) Clifford E. Hall, ("Hall"). La Porte and Hall may be referred to herein individually as a "Party" and, collectively, as the "Parties" . Recitals A.. A lawsuit (Cause No. 2008-55654) is pending between the parties in the 270th District Court, Harris County, Texas (the "lawsuit"). B. Without admitting any liability or fault, the Parties have agreed to settle all disputes they have relating to the lawsuit or the facts underlying the lawsuit. The terms of the Agreement are as follows: 1. Within 10 days after execution of this Agreement, Hall shall file with the La Porte a letter requesting that City close portions of North Iowa Street and North E Street, and the alley in Block 436. 2. Simultaneously therewith, and no later than 30 days after execution of this Agreement, Hall shall completely remove all vehicles, shipping containers, equipment, and any and all other items from and off those portions of North Iowa Street and North E Street adjacent to Hall's property. If Hall should fail to complete the removal of said items within the 30 day period, absent good cause for delay without fault and beyond the control of Hall, and which cause for delay is communicated by written notice to the City stating the reason for the delay and the expected date of removal of the items from said rights-of-way, City shall have the right to immediately remove said items, at Hall's expense 3. City agrees that within 10 days of receipt of letter from Hall requesting closure of portions of North Iowa Street and North E Street, and the alley in Block 436, appropriate officials of senior staff will hold a meeting (or meetings, as necessary) to discuss the viability of the proposed closings. City further agrees that no later than 24 hours after the conclusion of the meeting (or the last meeting held), City staff will mail a written response to Hall outlining City staff's position as to the proposed closings, with street and alley application forms enclosed in the letter. 4. Hall agrees that within 5 days from the receipt of City staff's letter with applications enclosed, Hall will file completed applications for closure of portions of North Iowa Street and North E Street, and the alley in Block 436, along with $750 filing fee, with City staff. 5. Upon receipt of application forms, City staff will file stamp Hall's application, at which time Hall will have 90 days to deliver letters of no objection from utility providers to City staff, in connection with the proposed closings. Hall agrees to send request letters to said utility providers within 10 days of the date Hall submits the street and alley application with City staff. 6. City agrees that upon receipt of letters of no objection from utilities, City staff will immediately order appraisals of the street and alley rights-of-way to be closed. City staff will contact Hall with results of appraisal no later than 3 days after their receipt by City. 7. Hall agrees that within 30 days of receipt of the appraisal results from City staff, payment of the applicable amount, which is 75% of the appraised amount under the City's Code of Ordinances, will be tendered to City staff. The total amount tendered to the City will be held in escrow, pending City Council consideration of the street and alley closing application. For such pwposes City staff agrees to place Hall's application on the next available City Council agenda, after receipt of the appraised amount. City staff and City Council agrees that it will not unreasonably delay, or fail to give fair consideration of Hall's application. 8. Should City Council of City approve Hall's street and alley closing application, Hall agrees that it will, within 45 days thereafter, submit a certified site plan and re-plat of Hall property, designating the north end of the property abutting Barbour's Cut Boulevard as the front yard. Hall will be allowed to erect, and agrees to propose and build, a non-transparent 8 foot fence along the perimeter of the property, and to install an additional 40 foot wide driveway on the North Broadway side of the property. Hall's site plan, replat, and all documents submitted to City staff in connection with the development of the property (including erection of improvements), including but not limited to setback, fencing, landscaping, zoning, shipping container regulations, and building code requirements, shall be in consistent with all current City of La Porte codes, regulations, and/or ordinances, for development in Business Industrial zoning classification, as well as any applicable Harris County regulations. Hall shall have the right to file applications for variance(s) or special exceptiones) with the La Porte Zoning Board of Adjustment in connection with the development of the property for any eligible matter, as is allowed by law. 9. Upon approval of this Mutual Release and Settlement Agreement, the Parties shall cause the Lawsuit to be dismissed with prejudice, each party to bear its own costs, attorneys' fees and expenses. The attached Joint Motion to Dismiss with Prejudice shall be filed with the Court by La Porte. 10. La Porte and Hall (in this section, each a "Releasing Party"), each hereby fully, completely, and forever RELEASES AND DISCHARGES the other Party hereto (in this section, the "Released Party") and all of the Released Party's officers, directors, shareholders, partners, affiliates, employees, agents, attorneys, and representatives from any and all liabilities, claims or causes of action, damages of any kind whatsoever, at common law, statutory or otherwise, which Releasing Party has or might have, known or unknown, now existing or that might arise hereafter, directly or indirectly attributable to the lawsuit and any transactions between Hall and La Porte in connection therewith, it being intended to release all claims of any kind which Releasing Party has or might have against Released Party, whether referred to herein or not, arising out of the facts underlying the lawsuit and all prior dealings between the Parties in connection therewith. 11. Each signatory hereto warrants and represents that he or she has authority to bind the parties for whom that signatory acts. 12. This agreement is not subject to revocation and is enforceable in the same manner as any other written contract. This Agreement with Hall is enforceable in the district courts of Harris County, Texas, and the City of La Porte expressly warrants that it shall not assert any claim or defense of immunity to prevent the enforcement of this Agreement. The prevailing party, in a suit for breach of this agreement, is entitled to an award for its reasonable and necessary attorneys' fees from the non-prevailing party. 13. This agreement shall be binding upon and inure to the benefit of the representatives, successors and assigns, trustees, agents, attorneys, and legal representatives of the parties. 14. The parties further acknowledge and state that there are no representations, agreements, arrangements, or understandings, oral or written, concerning the subject matter of this agreement that are not fully expressed and incorporated herein. 15. In executing this agreement, the parties represent that they have not relied upon any statement or representation pertaining to this matter made by another party, or any other person or persons representing such other party. 16. This agreement is governed by Texas law, and any suit concerning this agreement must be brought in Houston, Harris County, Texas. 17. This Agreement may be executed and delivered by fax or electronically, with the Parties waiving any right to object based on the fact that a signature to this Agreement is not an original signature. 18. This Agreement may be executed in multiple counterparts, each of which will be considered and original, but which taken together will constitute one and the same document. 19. Each of the Parties represents and warrants: that it has not assigned any of the claims (the "Claims") which it purports to release hereby; that it is the holder of such Claims; and, that it is authorized to enter into this Agreement and to take the actions contemplated hereby. IN WITNESS WHEREOF, the Parties have duly executed and delivered this Agreement as of the day and year first above written. Nov-II-200a OI:IIPI FrOl-ASKINS & ASKINS, PC 211 m 2D.tT By: s , TEXAS, a municipal corporation CLIFFORD E. HALL By: (l~ e.l.\ aJi Printed Name:c"'k ~fV~ ti. r..J/\ t( Title: tJ w~ T-56~ P.OOI/ODI F-014